On Judge Roberts: We May Have Found the Silver Bullet! [View All]

This just-released Hamdan scandal is a pretty big deal, from where I'm sitting (and it seems to me The Washington Post agrees). As a practicing attorney (and some of the Senators who'll be questioning Roberts are also attorneys) I think this appears to be a major, unambiguous ethical violation. And I think most practicing criminal attorneys--not necessarily mere academics, as quoted by The Post--would agree.

While I can't know enough of the facts to issue a finalized professional opinion, from what we know now, it's an educated and reasonable and good faith observation to make, to say Roberts fucked up his ethical responsibilities royally during one of the most important Executive Powers cases of our generation.

I've blogged about this vital, just-breaking issue here.

The editorial can also be found at The Nashua Advocate.

(ON EDIT: Someone points out, below, that an ethical violation might not be enough to combat Roberts' present inertia. On the other hand, as I noted to that poster, ethical violations, as we saw in Plamegate, typically evolve into more. I do agree the Dems won't budge from their hear-no-evil/see-no-evil position unless a big issue emerges, but this is the sort of thing which in the past has derailed other Supreme Court nominees, such as, years ago, Abe Fortas, and it may just give Dems the opening they need to get more documents, and thus more information about what it is Bush is trying to hide right now--because, at base, I don't think anyone doubts he's hiding something).

S.