Monthly Archives: April 2007

One More Update

Got a nice email from Sheryl Gay Stolberg acknowledging the error and saying she's asked for a correction to run.

Posted in The Media | Comments Off on One More Update

Times Update (& More About the Belknap Case)

Well, the NYT has silently corrected the online version of the Stolberg story I complained about this morning in my posting “Times Reporter Forgets That Gonzales is Impeachable”. When I correct stuff here (more than five minutes after posting it), I indicate the changes with strikeout or “update”. The online NYT seems to operate by different rules. Something to keep in mind when citing it.

The old version can (for the moment at least) be viewed at the International Herald Tribune.

Meanwhile, I've found an interesting article by John Dean which discusses the (hitherto unknown to me) details of the impeachment of Secretary of War William Belknap,

Impeachment of Secretary of War William Belknap, in the aftermath of the Civil War, is the only precedent for using these proceedings against subordinate executive officers. Belknap was said to be involved in a kickback scheme involving military contracts. Just hours before the House was to vote to impeach him, Belknap resigned. Nonetheless, on March 2, 1876, the House impeached the former cabinet officer, and the five articles of impeachment were presented to the Senate.

The Senate trial lasted five months. (Today, such a trial would likely be handled by a trial committee of twelve senators, with a final debate and vote by the full Senate.) A central issue in the Belknap case was whether his resignation had terminated the jurisdiction of the Congress, and whether impeachment was still appropriate when his removal was no longer at issue. The Chairman of the House Judiciary Committee, Representative J. Proctor Knott, who was trying the case before the Senate, explained the controversy as follows:

“Was the only purpose of this disqualification simply to preserve the Government from the danger to be apprehended from the single convicted criminal?” Knott rhetorically asked. “Very far from it, sir. That in reality constituted but a very small part of the design. The great object, after all, was that his infamy might be rendered conspicuous, historic, eternal, in order to prevent the occurrence of like offenses in the future. The purpose was not simply to harass, to persecute, to wantonly degrade, or take vengeance upon a single individual; but it was that other officials through all time might profit by his punishment, might be warned by his political ostracism, by the ever-lasting stigma fixed upon his name by the most august tribunal on earth, to avoid the dangers upon which he wrecked, and withstand the temptations under which he fell; to teach them that if they should fall under like temptations they will fall, like Lucifer, never to rise again.”

By two votes, Belknap escaped conviction in the Senate. Had he not resigned, however, there is little question he would have been found guilty, removed and disqualified. Belknap's proceedings are a clear precedent for impeaching and disqualifying “civil officers,” but the case has not resolved the issue of merely disqualifying an official who has resigned from holding future office.

There's lots of other interesting stuff about the politics of impeachment in Dean's Findlaw article too.

Posted in Law: Constitutional Law, The Media | 1 Comment

Times Reporter Forgets That Gonzales is Impeachable

I spotted a real howler in this morning's NY Times, and emailed the following request for a correction:

In “On a Very Hot Seat With Little Cover and Less Support” Sheryl Gay Stolberg writes,

“Congress has no power to remove the attorney general”

[URL]

This is not accurate. The Constitution provides a mechanism by which all civil officers of the United States can be removed by Congress. It is called impeachment. Article II, Section 4 of the Constitution specifies that “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”

The Congress has only used this power against a Cabinet member once — William W. Belknap, secretary of war, was impeached by the House but acquitted by the Senate in 1876 — but the power unquestionably exists.

While this may seem a small matter, to a law professor, and I'd imagine any lawyer, it's a pretty big one. It may even matter politically.

Please run a correction in the print edition (I spotted the error in the print version) and append a fix to the online version.

Thank you.

Don't reporters who cover the federal government have to know the Constitution?

Oh well, Stollberg is still better than Elisabeth Bumiller whom Stollberg replaced on the White House beat.

Posted in Law: Constitutional Law | 9 Comments

Brian Leiter Cares About Rankings

E-mail from Brian Leiter:

I am writing to ask if you would be willing to use your blog to help establish my law school ranking site as a result for those searching my name; oddly it is not at present. You can simply cut and paste from the post here:

http://leiterlawschool.typepad.com/leiter/2007/04/law_school_rank.html

Thanks so much, and sorry for the bother.

That link takes you to this text:

So, dear reader with a blog, please post a link to Brian Leiter with the hyper-link to www.leiterrankings.com, for the benefit of all those souls in Cyberspace in search of my law school ranking site. 

Which all reminds me: Over a year ago, I stopped promoting this blog by sending out emails when I thought I had something worthy of attention. Traffic and links soon sagged — I lost maybe a third of it. But I'm much happier.

Posted in Blogs | 5 Comments

Bar Pass Rates Redux

The February bar pass rate scores are out, and UM's are lower than they were in the summer. But I still hold to what I said last time: Bar Pass Rates are Over-Rated As A Measure of Law School Quality.

(And, I might add, they are meaningless at schools which discourage graduates from taking the bar unless the school is confident they will pass. You know who you are.)

Posted in Law School | 17 Comments

McCain’s Madness

stick a fork in himIs it possible to look at this little clip recorded earlier today and imagine John McCain as President?

“Bomb bomb bomb, bomb bomb Iran”???

And his poll numbers were already bad.

Posted in Iran, Politics: McCain | 3 Comments