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Fewer Hands, More Mercy: a Plea for a Better Federal Clemency System
FEWER HANDS, MORE MERCY: A PLEA FOR A BETTER FEDERAL CLEMENCY SYSTEM Mark Osler*† INTRODUCTION .......................................................................................... 465 I. A SWAMP OF UNNECESSARY PROCESS .................................................. 470 A. From Simplicity to Complexity ....................................................... 470 B. The Clemency System Today .......................................................... 477 1. The Basic Process ......................................................................... 477 a. The Pardon Attorney’s Staff ..................................................... 478 b. The Pardon Attorney ................................................................ 479 c. The Staff of the Deputy Attorney General ................................. 481 d. The Deputy Attorney General ................................................... 481 e. The White House Counsel Staff ................................................ 483 f. The White House Counsel ......................................................... 484 g. The President ............................................................................ 484 2. Clemency Project 2014 ................................................................ 485 C. The Effect of a Bias in Favor of Negative Decisions ...................... 489 II. BETTER EXAMPLES: STATE AND FEDERAL .......................................... 491 A. State Systems ................................................................................... 491 1. A Diversity -
Hillary Clinton's Campaign Was Undone by a Clash of Personalities
64 Hillary Clinton’s campaign was undone by a clash of personalities more toxic than anyone imagined. E-mails and memos— published here for the first time—reveal the backstabbing and conflicting strategies that produced an epic meltdown. BY JOSHUA GREEN The Front-Runner’s Fall or all that has been written and said about Hillary Clin- e-mail feuds was handed over. (See for yourself: much of it is ton’s epic collapse in the Democratic primaries, one posted online at www.theatlantic.com/clinton.) Fissue still nags. Everybody knows what happened. But Two things struck me right away. The first was that, outward we still don’t have a clear picture of how it happened, or why. appearances notwithstanding, the campaign prepared a clear The after-battle assessments in the major newspapers and strategy and did considerable planning. It sweated the large newsweeklies generally agreed on the big picture: the cam- themes (Clinton’s late-in-the-game emergence as a blue-collar paign was not prepared for a lengthy fight; it had an insuf- champion had been the idea all along) and the small details ficient delegate operation; it squandered vast sums of money; (campaign staffers in Portland, Oregon, kept tabs on Monica and the candidate herself evinced a paralyzing schizophrenia— Lewinsky, who lived there, to avoid any surprise encounters). one day a shots-’n’-beers brawler, the next a Hallmark Channel The second was the thought: Wow, it was even worse than I’d mom. Through it all, her staff feuded and bickered, while her imagined! The anger and toxic obsessions overwhelmed even husband distracted. -
Bruce Ackerman
BOOK REVIEW CONSTITUTIONAL ALARMISM THE DECLINE AND FALL OF THE AMERICAN REPUBLIC. By Bruce Ackerman. Cambridge, Mass.: The Belknap Press of Harvard University Press. 2010. Pp. 270. $25.95. Reviewed by Trevor W. Morrison∗ INTRODUCTION The Decline and Fall of the American Republic is a call to action. Professor Bruce Ackerman opens the book with the claim that “some- thing is seriously wrong — very seriously wrong — with the tradition of government that we have inherited” (p. 3). The problem, he says, is the modern American presidency, which he portrays as recently trans- formed into “an especially dangerous office” (p. 189 n.1) posing “a se- rious threat to our constitutional tradition” (p. 4). Ackerman urges us to confront this “potential for catastrophic decline — and act before it is too late” (p. 11). Concerns of this kind are not new. Indeed, in some respects De- cline and Fall reads as a sequel to Professor Arthur Schlesinger’s 1973 classic, The Imperial Presidency.1 Ackerman writes consciously in that tradition, but with a sense of renewed urgency driven by a convic- tion that “the presidency has become far more dangerous today” than in Schlesinger’s time (p. 188). The sources and mechanisms of that purported danger are numerous; Decline and Fall sweeps across jour- nalism, national opinion polls, the Electoral College, civilian-military relations, presidential control of the bureaucracy, and executive branch lawyering to contend that “the foundations of our own republic are eroding before our very eyes” (p. 188). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Professor of Law, Columbia University. For helpful comments on earlier drafts, I thank Akhil Amar, David Barron, Ariela Dubler, Jack Goldsmith, Marty Lederman, Peter Margulies, Gillian Metzger, Henry Monaghan, Rick Pildes, Jeff Powell, John Witt, and participants in faculty workshops at Vanderbilt University and the University of Washington. -
Election Day Arrives!
T H U R S D A Y 162nd YEAR • No. 83 AUGUST 4, 2016 CLEVELAND, TN 18 PAGES • 50¢ Election day arrives! Polls close at 8 tonight; large turnout expected due to contested local races By ALLEN MINCEY have been checked, and election workers trained, for Banner Staff Writer today. The last training session was held on Tuesday of this week at the Bradley County Courthouse. Polls will be open until 8 o’clock tonight for what offi- Early voting results had 5,531 cast ballots, which cials say could be a close election in several races. Green said was more than in 2008, which was the most Voting began early today at 8 a.m. at 17 precincts comparable election to this year. She added she hopes across the city of Cleveland and Bradley County. Those today’s results will put the total number of voters over precincts are: McDonald, Prospect, Hopewell, E.L. Ross, 10,000. Walker Valley, Lee University, Senior Center, Oak Grove, Several local races led to those early voting numbers Michigan Avenue, Blythe-Bower, the Museum Center at and could attract an equally large number of voters Five Points, Valley View, Blue Springs, Waterville, Black today. Banner photo, DONNA KAYLOR Fox, Stuart, and Cleveland High School. The polling site Stanley Thompson is the only candidate who qualified POLLING LOCATIONS opened today at 8 a.m. and will close at 8 this evening. at the museum is for those who have normally voted at for the Assessor of Property race in the Bradley County Blythe Avenue Elementary School. -
Legal Dilemmas Facing White House Counsel in the Trump Administration: the Costs of Public Disclosure of FISA Requests
Fordham Law Review Volume 87 Issue 5 Article 6 2019 Legal Dilemmas Facing White House Counsel in the Trump Administration: The Costs of Public Disclosure of FISA Requests Peter Margulies Roger Williams University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Peter Margulies, Legal Dilemmas Facing White House Counsel in the Trump Administration: The Costs of Public Disclosure of FISA Requests, 87 Fordham L. Rev. 1913 (2019). Available at: https://ir.lawnet.fordham.edu/flr/vol87/iss5/6 This Colloquium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. LEGAL DILEMMAS FACING WHITE HOUSE COUNSEL IN THE TRUMP ADMINISTRATION: THE COSTS OF PUBLIC DISCLOSURE OF FISA REQUESTS Peter Margulies* INTRODUCTION Not every presidential administration can forge a new brand of government lawyering. Historically, government lawyering has swung between two poles: (1) dialogic lawyering, which stresses reasoned elaboration, respect for institutions, and continuity with unwritten norms embodied in past practice; and (2) insular lawyering, which entails opaque definitions, disregard of other institutions, and departures from unwritten norms.1 Because President Trump regularly signals his disdain for institutions, such as the intelligence community, and unwritten norms, such as prosecutorial independence,2 senior lawyers in the White House have added a new mode of legal representation that entails ad hoc adjustments to President Trump’s mercurial decisions and triage among the presidential decisions they will try to temper. -
Dear Friends: Eileen and I Welcome You to the 2017 Spring Meeting Of
American College of Trial Lawyers 2017 Spring Meeting BOCA RATON RESORT & CLUB BOCA RATON, FLORIDA Dear Friends: Eileen and I welcome you to the 2017 Spring Meeting of the American College of Trial Lawyers at the beautiful Boca Raton Resort. We have planned an exciting meeting, beginning with the President’s Welcome Reception on Thursday evening. Each Region has its own banner displayed to facilitate the opportunity to meet the Inductees from your area and welcome treasured friends. President-Elect Samuel H. (Sam) Franklin has planned an impressive two-day program of distinguished speakers presenting timely and thought-provoking topics during our General Sessions. I know that Fellows and spouses and guests alike will be entertained, educated and enlightened. Tours and activities offered on Thursday, Friday, and Saturday afternoons promise to provide local adventure and relaxation. Please check with the ACTL staff at the Registration Desk to see if tickets are still available. Friday evening’s reception and entertainment will be hosted under the stars on the Grand Lawn, and dinner will be enjoyed in the Grand Ballroom. The traditional highlight of our College meetings, the Induction Ceremony and Spring Banquet, will be Saturday night as we welcome new Fellows into the College. Please remember to wear your name badges so we may greet each other and celebrate our Fellowship. I look forward to seeing each of you. Sincerely, Bartholomew J. Dalton President CHANCELLOR-FOUNDER HON. EMIL GUMPERT 1895-1982 OFFICERS BARTHOLOMEW J. DALTON, President SAMUEL H. FRANKLIN, President-Elect JEFFREY S. LEON, LSM, Treasurer DOUGLAS R. YOUNG, Secretary MICHAEL W. -
Immunity of the Director of the Office of Political Strategy and Outreach from Congressional Subpoena
Immunity of the Director of the Office of Political Strategy and Outreach from Congressional Subpoena The Assistant to the President and Director of the Office of Political Strategy and Out- reach (“OPSO”) is immune from the House Committee on Oversight and Government Reform’s subpoena to compel him to testify about matters concerning his service to the President in the OPSO. July 15, 2014 MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT You have asked whether Assistant to the President and Director of the Office of Political Strategy and Outreach (“OPSO”) David Simas is legally required to appear to testify at a congressional hearing scheduled for July 16, 2014, in response to a subpoena issued to Mr. Simas by the House Committee on Oversight and Government Reform on July 10, 2014. We understand that the Committee seeks testimony about “whether the White House is taking adequate steps to ensure that political activity by Administration officials complies with relevant statutes, including the Hatch Act,” and about “the role and function of the White House Office of Political Strategy and Outreach.” Letter for David Simas from Darrell Issa, Chairman, Committee on Oversight and Government Reform, House of Representatives (July 3, 2014) (“Invitation Letter”). For the reasons set forth below, we believe that Mr. Simas is immune from compulsion to testify before the Committee on these matters, and therefore is not re- quired to appear to testify in response to this subpoena. I. A. The Executive Branch’s longstanding position, reaffirmed by numer- ous administrations of both political parties, is that the President’s im- mediate advisers are absolutely immune from congressional testimonial process. -
Suing the Prosecutor Jonathan Van Patten, University of South Dakota School of Law
University of South Dakota School of Law From the SelectedWorks of Jonathan Van Patten 2010 Suing the Prosecutor Jonathan Van Patten, University of South Dakota School of Law Available at: https://works.bepress.com/jonathan_vanpatten/3/ SUING THE PROSECUTOR JONATHAN K. VAN PATTENt The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind ofperson, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen's friends interviewed The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sidedpresentation of the facts, can cause the citizen to be indicted and heldfor trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard. Or he may go on with a public trial. If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspendedsentence, and after he is put away, at whether he is a fit subject for parole. While the prosecutor at his best is one of the most beneficentforces in our society, when he acts from malice or other base motives, 1 he is one of the worst. I. THE PROBLEM The capacity to do great good is accompanied by a corresponding capacity to do great evil. -
Brian Williams Taps Media Elite Go-To Partner at Williams & Connolly
Brian Williams Taps Media Elite Go-To Partner at Williams & Connolly By Nell Gluckman February 13, 2015 Correction, 2/20/15, 1:54 PM EST: An earlier version of this story misstate the number of partners at Williams & Connolly. There are 121. The story has been revised accordingly. Brian Williams, the embattled anchor of NBC’s “Nightly News,” has retained Williams & Connolly’s Robert Barnett to help negoti- ate his future at the network, according to a source close to Williams. Photo by Monica Schipper/Getty Barnett represented Williams in talks with Brian Williams NBC executives that resulted in a six-month that he could return to his position, the story suspension without pay for the beleaguered reports. broadcaster, who was forced to apologize last Assisting Williams through the negotiations week for falsely claiming that he was on board was Barnett, who has carved out a unique repu- a Chinook helicopter that was fired upon and tation in Washington, D.C., as a cross between forced down in Iraq in 2003. corporate lawyer, book agent and contract nego- NBC officials considered, but stopped short tiator for his high-profile clients in politics and of, firing Williams, according to a story in The the media. Barnett declined to comment for this Washington Post about the negotiations. But story, but according to his profile on Williams the deal wasn’t an outright win for Williams, & Connolly’s website, he “represents major who sought but did not receive a promise corporations in litigation matters, corporate work, contract, crisis management, transactions, Sanjay Gupta and Christiane Amanpour. -
Investigation of Whitewater Development Corporation and Related Matters
104TH CONGRESS REPORT 2d Session SENATE 104±280 "! INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS F I N A L R E P O R T OF THE SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS TOGETHER WITH ADDITIONAL AND MINORITY VIEWS JUNE 17, 1996.ÐOrdered to be printed Filed under authority of the order of the Senate of June 13, 1996 INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERSÐFINAL REPORT 1 104TH CONGRESS REPORT 2d Session SENATE 104±280 "! INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS F I N A L R E P O R T OF THE SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS TOGETHER WITH ADDITIONAL AND MINORITY VIEWS JUNE 17, 1996.ÐOrdered to be printed Filed under authority of the order of the Senate of June 13, 1996 U.S. GOVERNMENT PRINTING OFFICE 25±225 WASHINGTON : 1996 SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS ALFONSE M. D'AMATO, New York, Chairman RICHARD C. SHELBY, Alabama PAUL S. SARBANES, Maryland CHRISTOPHER S. BOND, Missouri CHRISTOPHER J. DODD, Connecticut CONNIE MACK, Florida JOHN F. KERRY, Massachusetts LAUCH FAIRCLOTH, North Carolina RICHARD H. BRYAN, Nevada ROBERT F. BENNETT, Utah BARBARA BOXER, California ROD GRAMS, Minnesota CAROL MOSELEY-BRAUN, Illinois PETE V. DOMENICI,* New Mexico PATTY MURRAY, Washington ORRIN G. HATCH, Utah PAUL SIMON, Illinois FRANK H. MURKOWSKI, Alaska HOWARD A. MENELL, Staff Director ROBERT J. GIUFFRA, Jr., Chief Counsel PHILIP E. BECHTEL, Deputy Staff Director STEVEN B. HARRIS, Democratic Staff Director and Chief Counsel MICHAEL CHERTOFF, Special Counsel RICHARD BEN-VENISTE, Democratic Special Counsel ALICE S. -
Vaughn Index, the 12 Pages out of the 35 Pages That Together Comprise All of the Unique Messages Contained in the 17 Email Transmissions
Case 1:10-cv-02013-ESH Document 10-3 Filed 03/15/11 Page 1 of 126 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) MEDIA RESEARCH CENTER, ) ) Plaintiff, ) ) Civil Action v. ) No. 10-2013 (ESH) ) U.S. DEPARTMENT OF JUSTICE; ) THE SOLICITOR GENERAL ) OF THE UNITED STATES, ) ) Defendants. ) ____________________________________) DECLARATION OF VALERIE H. HALL IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT I, Valerie H. Hall, declare the following to be true and correct: 1. I am the Executive Officer of the Office of the Solicitor General (“OSG”), United States Department of Justice (“DOJ”). I have served in this role since December 2009. (a) In my position as Executiver Office of the OSG, I am responsible for the day-to- day administrative operations of the OSG. I am responsible for managing the administrative functions of the office, including human resources, information technology (“IT”), personnel security, financial management and budget, and property management. (b) I also serve as the Freedom of Information Act (“FOIA”) Officer for the OSG. In this role, I am resposible for managing the FOIA requests submitted to the OSG, and ensuring our response to those requests. This includes meeting with the OSG staff member(s) to whom a request has been assigned for response, supervising the development and execution of a strategy and individualized approach for Case 1:10-cv-02013-ESH Document 10-3 Filed 03/15/11 Page 2 of 126 responding to each FOIA request, and ensuring cooperation from OSG staff and officials at every level of the OSG whenever necessary. -
Executive Branch
EXECUTIVE BRANCH THE PRESIDENT BARACK H. OBAMA, Senator from Illinois and 44th President of the United States; born in Honolulu, Hawaii, August 4, 1961; received a B.A. in 1983 from Columbia University, New York City; worked as a community organizer in Chicago, IL; studied law at Harvard University, where he became the first African American president of the Harvard Law Review, and received a J.D. in 1991; practiced law in Chicago, IL; lecturer on constitutional law, University of Chicago; member, Illinois State Senate, 1997–2004; elected as a Democrat to the U.S. Senate in 2004; and served from January 3, 2005, to November 16, 2008, when he resigned from office, having been elected President; family: married to Michelle; two children: Malia and Sasha; elected as President of the United States on November 4, 2008, and took the oath of office on January 20, 2009. EXECUTIVE OFFICE OF THE PRESIDENT 1600 Pennsylvania Avenue, NW., 20500 Eisenhower Executive Office Building (EEOB), 17th Street and Pennsylvania Avenue, NW., 20500, phone (202) 456–1414, http://www.whitehouse.gov The President of the United States.—Barack H. Obama. Special Assistant to the President and Personal Aide to the President.— Anita Decker Breckenridge. Director of Oval Office Operations.—Brian Mosteller. OFFICE OF THE VICE PRESIDENT phone (202) 456–1414 The Vice President.—Joseph R. Biden, Jr. Assistant to the President and Chief of Staff to the Vice President.—Steve Ricchetti, EEOB, room 272, 456–9951. Deputy Assistant to the President and Chief of Staff to Dr. Jill Biden.—Sheila Nix, EEOB, room 201, 456–7458.