* The war on punitive damages continues. [USA Today via How Appealing]
* Suspect from Burning Man burning to burn something else. [Reno Gazette-Journal]
* Senators want clarification from Mukasey on waterboarding. [Jurist]
* Lerach pleads guilty. [Los Angeles Times]
* Do we have a de facto moratorium on executions pending this term’s SCOTUS lethal injection case? We should find out today. [New York Times]
- Crime, Death Penalty, Michael Mukasey, Morning Docket, SCOTUS, Supreme Court, Torture, White-Collar Crime, William Lerach
* The war on punitive damages continues. [USA Today via How Appealing]
- Antitrust, Barack Obama, Cars, Celebrities, Email Scandals, Hillary Clinton, Jed Rubenfeld, Michael Mukasey, Morning Docket, Politics, Sports, Violence
* Some Fahrvergnügen for Porsche, courtesy of the European Court of Justice. [How Appealing (linkwrap)]
* Surprise surprise: a Yale law professor has issues with Michael Mukasey. Professor (and novelist) Jed Rubenfeld questions the nominee’s views of executive power. [New York Times via WSJ Law Blog]
* If confirmed, Mukasey has his work cut out for him. “Clearly the Justice Department has lost its mojo,” said WilmerHale partner Reginald Brown. [Legal Times]
* Obama criticizes Hillary in Iowa mailing. [Politico via Drudge Report]
* A (very close) vote is expected this week on Leslie Southwick’s Fifth Circuit nomination.
[Fox News via How Appealing]
Additional links, after the jump.
* So how did Michael Mukasey do yesterday? Here’s a collection of some coverage. [How Appealing (linkwrap)]
* He totally should have mailed it to himself before faxing it to the Ravens. Also, not a joke, just a fact: the caption is over half of this 37-page opinion. [U.S. Court of Appeals for the Fourth Circuit (PDF) via How Appealing]
* How many businesses was Vick opening? Yet another bank sues him over a business loan. [Fulton County Daily Report]
* Speaking of Vick getting sued, he got sued by a South Carolina inmate again, and it’s not Jonathan Lee Riches. [Atlanta Journal-Constitution]
* Can’t we all just agree that a little less process is due in this case? [CNN]
* SCOTUS stays Virginia execution. [CNN]
We’re going to liveblog the Senate Judiciary Committee confirmation hearings for the nomination of Michael Mukasey as Attorney General. We don’t know how long we’ll do this; it will depend upon how interesting the proceedings are. And they might not be that interesting, since Mukasey’s confirmation isn’t really in doubt.
But who knows? Maybe there will be some interesting fireworks, as the Democrats try to use the hearings to score political points. Here we go.
10:03: Sen. Patrick Leahy (D-VT) calls the session to order. He warns that people who demonstrate within the hearing room with be thrown out. Good for him — those people are so annoying.
10:06: Senator Leahy reads his introductory remarks. He criticizes Alberto Gonzales’s tenure as Attorney General and pats himself on the back for having voted against Gonzales’s confirmation as AG.
10:16: Opening statement by Sen. Arlen Specter (R-PA). Snazzy lime green tie. He mentions that he’ll have to step out during the hearings because of another hearing held by a committee where he is ranking member.
10:18: Sen. Leahy notes that the nominee will be introduced by Senator Lieberman, who was Judge Mukasey’s law school classmate, and Sen. Schumer.
10:19: Sen. Chuck Schumer (D-NY) introduces Judge Mukasey. Warm words. Senator Schumer’s admiration for Judge Mukasey, whom he floated once as a possible Supreme Court nominee, is well-known. But it’s still remarkable to see Chuck Schumer speaking so warmly about a Bush Administration nominee — in front of cameras, no less.
More after the jump.
- Ann Althouse, Law Schools, Michael Mukasey, Money, Non-Sequiturs, Securities and Exchange Commission, Wall Street
* Ann Althouse on the Chelsea Clinton restaurant photo controversy from earlier this week: “‘We reserve the right to exercise any and all options available to us.’ What kind of crap is that?” [Althouse]
* Our apologies to Brian Dalton of Vault for the snark from earlier today. How were we to know that a New York Times reporter would screw up a quote so badly? [Void for Vagueness]
* During a little over a year at Patterson Belknap, Michael Mukasey apparently earned about $1.9 million. And he wants to be AG to a lame-duck president, for a little over a year, because… [Bloomberg News via WSJ Law Blog]
* Congratulations to Hofstra on its #1 status! (Among tier 3 and tier 4 faculties.) [TaxProf Blog]
* John Carney argues that SEC chairman Chris Cox should reject the new proposed proxy access rule, which would actually harm ordinary investors. That Carney, he’s so contrarian. [DealBreaker]
* Are you a young lawyer looking for financial advice? Check this out. [WSJ Law Blog]
- 2nd Circuit, Airplanes / Aviation, Fashion, Federal Judges, Michael Mukasey, Non-Sequiturs, Sentencing Law, Yale Law School
* As a judge, Michael Mukasey cited Shakespeare in snarking on — and striking down — the federal sentencing guidelines. [AP]
* Speaking of district judges, the well-regarded Judge Paul Cassell (D. Utah — at right) is resigning from the bench — partly due to low judicial pay. [Sentencing Law & Policy via WSJ Law Blog]
* What not to wear when you go to the airport. [Boston Globe]
* Unlike, say, the Ninth Circuit, the Second Circuit follows on-point Supreme Court precedent. [TaxProf Blog]
* Your submissions for Blawg Review #127 are respectfully requested. [Deliberations]
Update: The citation for the Mukasey opinion is United States v. Mendez, 691 F. Supp. 656, 663-64 (S.D.N.Y. 1988).
Back in this post, in which we incorrectly predicted that Mukasey wouldn’t get the AG nomination, we wrote: “We’d also add that Judge Mukasey probably isn’t solidly conservative enough for the White House. See, e.g., his views on the federal sentencing guidelines.”
- Department of Justice, Federal Government, Federal Judges, Michael Mukasey, Politics, Senate Judiciary Committee
Are you trying to remember whether any of your law school classmates or colleagues clerked for former judge Michael Mukasey (S.D.N.Y.), President Bush’s nominee to replace Alberto Gonzales as attorney general?
Well, you’re in luck. Every single one of Judge Mukasey’s former law clerks signed a glowing letter of recommendation for the judge, in which they praise him as a jurist and mentor and urge his speedy confirmation as AG. Their letter was transmitted to the Senate last night.
You can check out the letter, including the list of signatories, after the jump.
- Department of Justice, Michael Mukasey, Politics, S.D.N.Y., U.S. Attorneys Offices, White House Counsel
We’ve done relatively little about the nomination of former judge Michael Mukasey to serve as attorney general. While the WSJ Law Blog was dredging up his third-grade book reports — okay, not quite, but some college newspaper articles that he may or may not have written — we didn’t have much. But now we’d like to atone for that, with a piece we just did for the New York Observer.
We speculate that Michael Mukasey might be in D.C. longer than he might expect, especially if his good friend Rudy Giuliani wins the presidency (and possibly even if fellow New Yorker Hillary Clinton does). We discuss how he might have come to be picked as AG, despite not being a D.C. denizen like Ted Olson, Laurence Silberman, or George Terwilliger:
Mr. Mukasey was simply more of a known quantity to the White House than the typical Beltway outsider. The White House staff includes three former assistant U.S. attorneys from Manhattan, as well as other ex-New York lawyers who regularly practiced before Mukasey as a judge. Among the New Yorkers at 1600 Pennsylvania Avenue, Mr. Mukasey enjoyed great respect, and was viewed as ideologically acceptable too, especially on war on terror issues.
The rest of the piece, including a discussion of what might be called the Curse of the Southern District (from President Bush’s point of view), is available here.
Mr. Mukasey Goes to Washington [New York Observer]
An Old Friend Joins Giuliani in a Spotlight [New York Times]
* Don’t try doing #2 at the Larry Craig airport bathroom, unless you want tourists photographing your ankles in a “wide stance.” [BBC via Althouse; Idaho Statesman via Drudge]
* Did President Bush pick Michael Mukasey as his AG nominee to avoid a “bruising, potentially embarrassing fight” with the Democrats? Or is that analysis “way too facile”? [NYObserver.com; Marc Ambinder]
* Can New England Patriots coach Bill Belichick deduct his $500,000 fine? [TaxProf Blog via WSJ Law Blog]
* Blawg Review #126 is now available — with a heavy emphasis on business and the law (subjects of great interest to many of you). [Small Business Trends via Blawg Review]
- Cars, Crime, Department of Justice, Labor / Employment, Michael Mukasey, Morning Docket, O.J. Simpson, Racism