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Today's Stories

June 23, 2005

Kathy Kelly
Where You Stand Determines What You See

June 22, 2005

Kevin Zeese
The Bush Administration's Psy-Ops on the American Public: an Interview with Col. Sam Gardiner

William S. Lind
Afghanistan: the Other War

Arsalan Iftikhar
Patriots Against the PATRIOT Act

Dan Nagengast
Give Populism a Chance: From France to Kansas

David Krieger
To the Graduates: We Live in an Interdependent World

Kathleen & Bill Christison
Tempest in Santa Fe: Confronting Israeli Myth-making

 

June 21, 2005

Brian Cloughley
Destroy the Unbelievers!

Mike Whitney
President Disconnect

Dave Lindorff
Who Needs Big Bird, Anyway?

Mark Weisbrot
Bush's Lonely Campaign Against Hugo Chavez

Matthew R. Simmons
The Coming Saudi Oil Crisis

Dave Zirin
The Crass Slipper Fits: Ron Howard's Terrible "Cinderella Man"

Virginia Rodino
The Anti-War Movement and Impeachment

Paul Craig Roberts
A War Waged by Liars and Morons

 

June 20, 2005

Alan Maass
The GM Job Massacre

Tariq Ali
To the Gates of the Gleneagles Hotel!

Mickey Z.
WMDs American-Style: It's 60 Years Since Alamogordo

William Blum
Some Things You Need to Know Before the World Ends

Gary Leupp
Old News Indeed: In 1999, Bush Craved Chance to Attack Iraq

Jason Leopold
Someone Tell Bush Iraq Wasn't Behind 9/11, Before He Starts Another War

Dave Lindorff
Why the Media Should be Schiavo'd

Alan Maass
The GM Job Massacre

Uri Avnery
Condi and Hamas

Website of the Day
Crimes Against Poetry

June 18 / 19, 2005

Alexander Cockburn
Is the Jury Dead?

Greg Moses
Race Bias and the Death Penalty, One More Time

Benjamin Shepard
Arrested for Stickering, Biking and Other Misadventures: Creative Direct Action in the Era of the PATRIOT Act

Stan Goff
Stuff to Do to Stop the War: 95 Days to Pre-Nixonize George W. Bush

Lee Sustar
Does Iraq's Main Labor Union Support the Occupation?

Jude Wanniski
The Tipping Point: Getting Out of Iraq

Diana Barahona
Librarians as Spooks: the Scheme to Infiltrate Cuba Via Libraries

Brian Concannon, Jr.
Justice Dodge in Haiti, Again: Impunity and the Raboteau Massacre

Fred Gardner
How Many Wins Can We Take?

Mike Whitney
Gen. Tommy Friedman's Plan to "Win" the War in Iraq: Reinstate the Draft

Ahmad Faruqui
Star Wars or Earth Wars?

Manuel García, Jr.
De-Eichmannizing America

Roger Howard
Leave Iranian Politics to Iranians

Ron Jacobs
Eros and the Grateful Dead

Ben Tripp
Situation Desperate: Why Am I Not Pleased?

Poets' Basement
Louise, Albert and Engel

Website of the Weekend
Christ's Entry into Washington

 

June 17, 2005

Ricardo Alarcón
Who Helped Posada Enter the US?

Clay Conrad
Medical Marijuana: Is Jury Nullification the Next Step?

Marc Estrin
Open-Ended Closure: the Death Penalty and the Culture of Victimhood

Colin Brown
Firebombing Fallujah: Pentagon Lied About Use of Napalm in Iraq

Christopher Brauchli
Pennies for Africa: Bush's Phony Money

Joshua Frank
Blue State Warriors: How Democrats Derailed the Peace Movement

Norman Solomon
The Killing Street Memo

Mary Rizzo
Who's Afraid of Gilad Atzmon?

Bond / Brutus / Setshedi
How Bono and Trojan Horse NGOs Sabotage the Struggle Against Neoliberalism

 

June 16, 2005

John Walsh
The Iraq War Polls: Dems' Stance Even Less Popular Than Bush's

Dave Lindorff
Work 'Till You Die: the Bush Retirement Plan

Adrian Lomax
Torture in U.S. Prisons: Common, Lethal, Unreported

Tom Crumpacker
The CIA, Posada and the Bombing of Cubana Flight 455

Jeffrey Kolakowski
The Kinsley Paradigm: Downsizing the Downing St. Memo

Julene Bair
Turning Off the Ogallala Spigot: Toward a New Way to Farm on the Great Plains

Michael Dickinson
As We Forgive Our Debtors: the Madness of Money

Francois Houtart / Isabel Parra, et al.
Against Terrorism; In Defense of Humanity: an Appeal

Tom Barry
Meet Bolton's Replacement: Robert "First Strike" Joseph

 

June 15, 2005

Stan Goff
An Open Letter to US Troops on Loyalty

Daniel Wolff
The Palace at 4 A.M.

Tim Wise
Discover the Nutwork: David Horowitz and the Politics of Ad Hominem Distortion

Ricardo Alarcón
The New CIA Revelations About Posada

Joshua Frank
House Republicans vs. Bush: "This is Not a Conservative War"

John Hilary
Bloodsuckers' Summit: Why the Left Should Rendezvous at the G8

Norman Solomon
Iran's Reformers: a Threat to Theocrats and Neocons

Alexander Cockburn / Jeffrey St. Clair
Juries and Lynch Mobs

Website of the Day
What It Feels Like to be Tasered (Turn Up the Volume)

 

June 14, 2005

Paul Craig Roberts
Enabling Evil: Bush's Willing Executioners

Forrest Hylton
Stalemate in Bolivia

Richard Gott
The Crisis in Bolivia

Fred Gardner
The Raich Decision: All Power to the Feds

Steve Breyman
Doing the Right Thing is Also Politically Expedient

Dave Zirin
Sacred Hoops: Basketball in the Barrio

Robert Kent
Outsourcing Torture and the Stop-Loss Program

Paul Craig Roberts
Enabling Evil: Bush's Willing Executioners

 

June 13, 2005

Gary Leupp
Another Damning Document

Dave Lindorff
The Inca and Us

John Stauber
Mad Cow USA: the Cover-Up Begins to Unravel

Fred Gardner
Supreme Indignity: Medical Pot Doctors Respond to Justice Stevens

Evelyn J. Pringle
TeenScreen: the Lawsuits Begin

Norman Solomon
Letter From Tehran

Winslow T. Wheeler
Neo-Con Unfurls the Big Picture

 

June 10 / 12, 2005

Alexander Cockburn
Thomas Friedman's Imaginary World

Sharon Smith
Torturers and Liars: Masters of Deception

Brian Cloughley
"Support Our Torturers!"

Chris Kromm
Home Cookin': Pentagon's Base Relignment Plan Would Increase South's Share

Heather Gray
A Day in Mississippi: Some Things Have Changed; Some Remain the Same

Kevin Zeese
What the Left Must Learn from 2004: an Interview with Josh Frank

Mickey Z.
The Pentagon Papers, 34 Years Later

Gary Leupp
A Review of Sison's "At Home in the World"

Eli Stephens
The Asshole in El Paso: Why Posada Carriles Matters

Nick Dearden
A Scottish Band in the Occupied Territories

Oscar Olivera
Recovering Bolivia's Oil and Gas

Robert Fisk
Screening "Kingdom of Heaven" in Beirut

Michael Dickinson
Oh My God!: Gunning for Blasphemers

Poets' Basement
Engel, Albert, Louise, Ford

Website of the Weekend
Gravity's Rainbow, Illustrated

 

 


June 23 , 2005

Thomas B. Griffith and Rule 49

He Practiced Law Without a License, Now He's a Federal Appeals Court Judge

By CHRISTOPHER BRAUCHLI

One of the first things Thomas B. Griffith will want to do is convince his colleagues of the importance of changing their Rule 49. It shouldn't be that hard since he's now a member of that court and can tell his colleagues from personal experience what a useless rule it is. And it only makes sense that he work to get it changed since it was a rule he flaunted during the time he practiced in that jurisdiction and he must be thanking his lucky stars that he didn't get caught.

Mr. Griffith serves to remind us that if you are sufficiently conservative, a lack of integrity or respect for the law is no hindrance to advancement in the Bush administration. That is the lesson taught by Thomas B. Griffith's confirmation to serve on the federal court of appeals for the District of Columbia. The fact that he was Mr. Bush's second choice does not make the lesson less painful.

The first choice was Miguel Estrada. Mr. Estrada's confirmation was filibustered and in 2003 he dropped out of contention. He wasn't filibustered because he lacked the ethical qualities that the legal profession expects of its members even when they are as important as Thomas B. Griffith. His confirmation was filibustered because his views were unknown but believed to be out of the legal mainstream. Instead of proving his critics wrong he stonewalled them. He refused to discuss his views or provide samples of his legal writing that might have demonstrated his legal philosophy and proved his critics wrong. As a result his nomination stalled and, ultimately, he withdrew his name.

Whether or not the country and the federal bench were well served by his withdrawal is impossible to know. What is known is that the man who has been elevated in his place is a man who, had the facts about his career been known by appropriate authorities before he was nominated, might have faced severe discipline for his flagrant disregard of the professional rules that govern the conduct of lawyers in the District of Columbia and Utah.

Rule 49, of which Mr. Griffith was contemptuous, is a rule of the U.S. Court of Appeals of the District of Columbia. It says:

"No person shall engage in the practice of law in the District of Columbia or in any manner hold out as authorized or competent to practice law in the District of Columbia unless enrolled as an active member of the District of Columbia Bar, except as otherwise permitted by these rules."

None of the exceptions applies to Mr. Griffith. Mr. Griffith found the rule quaint and chose to ignore it. He practiced law for three years in that jurisdiction without the required license. Had the licensing authorities known of his transgression he would have faced discipline. Happily for him, he left the jurisdiction before anyone noticed that he didn't find the court's rules to his liking.

Furthermore he blamed his staff--saying in effect that he was much too important to attend to such trivia and his staff should have insured his compliance with applicable rules.

Having successfully flaunted the rules of the court on which he now serves he moved to Utah to became chief legal counsel for the University of Utah. He served in that capacity for four years. Acting as legal counsel for the university of Utah is considered practicing law in Utah.

Utah, like the District of Columbia has a rule against practicing law without a license. Rule 1.0 of Chapter 13a of the Rules of Professional Conduct of the State of Utah provides:

"Except as set forth in subsection (c) of the Rule, only persons who are active, licensed members of the Utah State Bar in good standing may engage in the practice of law in Utah."

It did not include the phrase "unless you are really important or are called Thomas B. Griffith." That would probably have surprised Mr. Griffith.

It didn't matter. No one noticed that he was again ignoring the rules imposed by the court and no disciplinary proceedings were commenced.

The one thing we have learned from Mr. Griffith's conduct is that rules don't apply to him. As a federal judge he will be beholden to no one. He will like that.

Notwithstanding Mr. Griffith's example, if any of my readers were contemplating practicing law in the District of Columbia the reader would be well advised to follow the rules even though one of the sitting judges thought himself above them. Lady Luck might not smile on all who thus transgress.

Promotion to a federal court is even less likely to follow unless, of course, George W. Bush is making the appointment. In the Bush White House conservative philosophy trumps morality and ethics every time.

Mr. Griffith is just the most recent example of that.

Christopher Brauchli is a lawyer and writer living in Boulder, Colorado. He can be reached at: 56@post.harvard.edu