Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Breakdown of Trust Led Judge Luttig To Clash With Bush
Wall Street Journal ^ | 5/11/06 | JESS BRAVIN and J. LYNN LUNSFORD

Posted on 05/11/2006 8:59:45 AM PDT by mathprof

After Fight in Terrorism Case, Conservative Star Gives Up Court Seat for Boeing Job.

On Nov. 22, U.S. Circuit Judge J. Michael Luttig was at work in his chambers here when he received a telephone call telling him to switch on the television. There, he saw Attorney General Alberto Gonzales announce that the government would file charges against Jose Padilla in a federal court -- treating the accused terrorist like a normal criminal suspect.

The judge was stunned. Two months earlier, he had written a landmark opinion saying the government could hold Mr. Padilla without charge in a military brig. (Read the opinion.1) The decision validated President Bush's claim that he could set aside Mr. Padilla's constitutional rights in the name of national security. The judge assumed the government had a compelling reason to consider the suspect an extraordinary threat. Now Mr. Gonzales wanted the courts to forget the whole case.

It didn't take long for the judge's anger to burst out into the open. The next month he wrote that moves such as the attorney general's cast doubt on the Bush administration's "credibility before the courts." Judge Luttig tried to block Mr. Padilla's transfer to civilian custody from the brig. (Read the opinion.2) The administration's top litigator fired back that the judge "defies both law and logic."

The clash, which underscores the increasing skepticism among even some conservative jurists toward the Bush administration's sweeping theories of executive power, culminated yesterday in Judge Luttig's resignation. The 51-year-old judge, once considered a likely Bush nominee to the U.S. Supreme Court, stepped down from his lifetime seat on the Fourth U.S. Circuit Court of Appeals to start a new career in Chicago as general counsel for Boeing Co.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: 4thcircuit; federaljudge; getoffthebench; judge; judicialactivism; judicialarrogance; judicialnominees; lastdaysofamerica; luttig; nointegrity; scotus; scous
Navigation: use the links below to view more comments.
first 1-5051-100101-127 next last
This confirms my high opinion of Luttig and my rapidly falling opinion of Bush and Gonzales.
1 posted on 05/11/2006 8:59:47 AM PDT by mathprof
[ Post Reply | Private Reply | View Replies]

To: mathprof

Ouch...that's gonna leave a mark.


2 posted on 05/11/2006 9:02:47 AM PDT by el_texicano (Liberals, Socialist, DemocRATS, all touchy, feely, mind numbed robots, useless idiots all)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

It do make you wonder, don't it? I can't figure out Gonzales' hold at DOJ, but it really is beginning to suck, big time. DOJ seems to be leaderless and going in two different directions, does the left hand know what the right hand is doing? I don't think so.


3 posted on 05/11/2006 9:05:40 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof
The Bush Administration has truly lost its way and its doing it for political expediency.
4 posted on 05/11/2006 9:05:45 AM PDT by puppypusher
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

You do the conservative cause no justice to post such a remark as the one following the Luttig article.

Is Bush fallible? Duh. Is he better than John Kerry or any other democrat? Dubble duhh.

It is time for all true conservatives to stand in support of the overall presidency and for those who pray, to PRAY favor on this president and WISDOM for all his decisions. Nobody's going to get it right all the time except the Lord Himself. Does that mean we sit around and kill off our good leaders by a thousand cuts of criticism?

It is time to wake up and support those who are doing the best they know to do to keep this country safe and on the right track.


5 posted on 05/11/2006 9:09:02 AM PDT by GretchenM (What does it profit a man to gain the whole world and lose his soul? Please meet my friend, Jesus.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

Interesting. I have been consistently underwhelmed by Gonzales. The problem is that Bush, once he appoints someone, pretty much hands over the reins to that person and doesn't intervene until things get really, really bad. I don't get the feeling that Gonzales is doing Bush's bidding, but simply that Bush is letting him do whatever he wants, and there's no consistent policy.

Reno was dumb as a post, but she was Clinton's attack dog and she was vicious and got a lot of his truly ugly deeds done for him. Bush needs somebody who will get decent work done for him, but he never seems to be able to find that person or hold anyone to account.


6 posted on 05/11/2006 9:10:33 AM PDT by livius
[ Post Reply | Private Reply | To 1 | View Replies]

To: GretchenM

Do you remember when Bush told us that Harriet Myers was the best person for the open SCOUS seat. Were we supposed to blindly support him then too? My opinion of Bush started to fall about that time. I haven't given up on him, and, of course, I feel that he's much better than JF Kerry.


7 posted on 05/11/2006 9:12:07 AM PDT by mathprof
[ Post Reply | Private Reply | To 5 | View Replies]

Comment #8 Removed by Moderator

To: mathprof
Right. Rumor, accusation and usbstatatiated innuendo validate your personal Hate Bush Always political whimsy. Pure and total BS from a typical garbage partisan hit piece from the Bush haters.

How about a dose of reality for the knee jerk Bush Haters? Luttig will make about 4 times as much MONEY as a Boeing VP even BEFORE you total up his perks and stock bonuses. That's the reality and motivation, not any of the wacko Hate Bush rantings from the Perpetual Whiners.

9 posted on 05/11/2006 9:17:09 AM PDT by MNJohnnie (Yes, I AM Conservative. The Political Center is for the uninformed and cowardly)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

The reverse for me.

alMuhajir is a terrorist, formerly named Padilla, who has been trained and deployed by al Qaeda.

If the president wants to keep him in brig or to try him in civil court (if he thinks that's the best way to nail him), then I'm all for it.

The supreme court did not disagree with the president.


10 posted on 05/11/2006 9:18:29 AM PDT by xzins (Retired Army Chaplain and Proud of It. Supporting our Troops Means Praying for them to Win!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

This is B.S. Looks like even Luttig suffers from "Judge-itis". Why can't the executive branch change its mind about the best way to handle a terrorist suspect? The fact that they decided to bring him into regular court does not mean that they did not believe at one time, at least, that he was a national security threat.


11 posted on 05/11/2006 9:19:34 AM PDT by dinoparty
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

Very strange behavior unbecoming of a judge. Good that he's going to be leaving the bench.


12 posted on 05/11/2006 9:22:29 AM PDT by Republican Wildcat
[ Post Reply | Private Reply | To 1 | View Replies]

To: MNJohnnie
How about a dose of reality for the knee jerk Bush Haters? Luttig will make about 4 times as much MONEY as a Boeing VP even BEFORE you total up his perks and stock bonuses. That's the reality and motivation, not any of the wacko Hate Bush rantings from the Perpetual Whiners.

Will you stop talking sense! Please, will you stop making sense with your posts! There is a small segment (becoming smaller by the day and the GOP base is once again coming back together)...but this small segment of GWB bashes simply don't like the idea of little annoyances like facts and common sense to get in the way of their silly opinions / attacks.

13 posted on 05/11/2006 9:22:48 AM PDT by SevenMinusOne
[ Post Reply | Private Reply | To 9 | View Replies]

To: puppypusher; mathprof; Individual Rights in NJ
No, the Whine All The Time Choir merely has unrealistic childish expectations that their every political whimsy can be granted to them today. Bush is fine. Look at his Judge picks.

It is the 100%er with their childish "My way or the high way" who have lost all touch with political reality. They merely wander around look for the next cause to scream and bitch and cry at Bush about. They have become either unwittingly, or knowingly, the political propaganda allies of the Democrat Party

So they have become completely politically irrelevant to the Conservatives. Since they bitch at everything and support NOTHING, there is no reason to waste any time on them. They have made themselves completely politically irrelevant with their perpetual whining and bitching.

There the door crybaby's. Don't let it it your butts on the way out.

14 posted on 05/11/2006 9:23:30 AM PDT by MNJohnnie (Yes, I AM Conservative. The Political Center is for the uninformed and cowardly)
[ Post Reply | Private Reply | To 4 | View Replies]

To: mathprof
Luttig retired?!? Well - son of a b*#^h !!!
Gonzales can kiss my red white and blue ANGLO butt!

And if Dubya thinks he can appoint Gonzo for the next SCOTUS vacancy, he better fugetaboutit - and pronto. The Harriet Myers outrage is going to look like a Camp Fire Girl bake sale in comparison.

I swear, the whole administration must be on STOO-PID Pills™.

15 posted on 05/11/2006 9:24:31 AM PDT by Condor51 (Better to fight for something than live for nothing - Gen. George S. Patton)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof
"my rapidly falling opinion of Bush and Gonzales."

Since 2004-09-25.

16 posted on 05/11/2006 9:25:11 AM PDT by StAnDeliver
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

What Bush did with Padilla may have been out of political expediency -- that's not the point.

It wasn't a judge's decision to make. Either the President can use military tribunals, or he can't. That ruling can't be based on how "extraordinary" the case is.

So when Bush changed his mind (or when they had finished with Padilla) and decided to turn him over to a civilian court, Luttig and the 4th circuit had no power to overrule him. Nothing in the case or the decision REQUIRED them to keep Padilla in military tribunal.

So, Luttig's decision to do so, in what this article says was in anger, did defy logic and reason.

Luttig seems like a fine conservative, and a fine person. But it seems he fell into the trap of the imperial judiciary, thinking he, not the executive, should be the final arbitor of what happens in the country (in this case) .


17 posted on 05/11/2006 9:25:53 AM PDT by CharlesWayneCT
[ Post Reply | Private Reply | To 1 | View Replies]

To: Republican Wildcat
Very strange behavior unbecoming of a judge. Good that he's going to be leaving the bench.

Agreed. If Luttig wants to be president, he can quit and run for the job.

18 posted on 05/11/2006 9:26:44 AM PDT by sinkspur ( OK. You've had your drink. Now why don't you tell your Godfather what everybody else already knows?)
[ Post Reply | Private Reply | To 12 | View Replies]

To: mathprof

Please point out to me where I said or suggested anyone should blindly follow this or any other president.


19 posted on 05/11/2006 9:26:46 AM PDT by GretchenM (What does it profit a man to gain the whole world and lose his soul? Please meet my friend, Jesus.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: StAnDeliver

Thank you for your post at #16.

Says it all, I think.


20 posted on 05/11/2006 9:27:48 AM PDT by GretchenM (What does it profit a man to gain the whole world and lose his soul? Please meet my friend, Jesus.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: mathprof
The 51-year-old judge, once considered a likely Bush nominee to the U.S. Supreme Court, stepped down from his lifetime seat on the Fourth U.S. Circuit Court of Appeals to start a new career in Chicago as general counsel for Boeing Co

Wow, not only is Bush destroying things with his policies and appointments, he's eroding ideal, dedicated conservative thinkers.
21 posted on 05/11/2006 9:28:57 AM PDT by Vision (Newt/Pence '08)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

too bad
i would have loved to see this guy on the Supreme Court


22 posted on 05/11/2006 9:36:17 AM PDT by DM1
[ Post Reply | Private Reply | To 1 | View Replies]

To: dinoparty

Indeed, didn't the reversal of approach shortstop a potentially disastrous ruling that might have freed ALL those being held? Sounds to me like sour grapes by the judge and he couldn't fathom the "big picture." Was he more interested in his legacy than helping the administration nagivate the legal minefields that prevent advancement in the WOT?


23 posted on 05/11/2006 9:36:35 AM PDT by NonValueAdded ("Too soon to remember??? How about TOO SOON TO FORGET!" from Mr. Silverback)
[ Post Reply | Private Reply | To 11 | View Replies]


"4 out of 5. Born in '05
Boo-Birds
prefer Crelm!"

"Crelm toothpaste, with
. the miracle ingredient,
... F r a u d u l i n! "

24 posted on 05/11/2006 9:36:41 AM PDT by StAnDeliver
[ Post Reply | Private Reply | To 1 | View Replies]

To: sinkspur

So now Luttig is a hater too?


25 posted on 05/11/2006 9:38:03 AM PDT by chris1 (I)
[ Post Reply | Private Reply | To 18 | View Replies]

To: GretchenM

Amen.


26 posted on 05/11/2006 9:39:20 AM PDT by LucyJo
[ Post Reply | Private Reply | To 5 | View Replies]

To: mathprof

It's total bull.


27 posted on 05/11/2006 9:39:47 AM PDT by mrsmith
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

This article is in direct conflict with the praise Luttig offered Bush, in extensive fashion, for Bush in his resignation comments.

Why trust an article rather than the judge's words themselves?

Methinks people are in a mode of hearing what they want to hear, and then imagining whatever is missing that they wanted to hear but didn't.


28 posted on 05/11/2006 9:41:55 AM PDT by Owen
[ Post Reply | Private Reply | To 25 | View Replies]

To: mathprof

http://www.timesdispatch.com/servlet/Satellite?pagename=RTD/MGArticle/RTD_BasicArticle&c=MGArticle&cid=1137836001716

Here's a truthful account of Luttig's resignation- from Luttig.


29 posted on 05/11/2006 9:44:03 AM PDT by mrsmith
[ Post Reply | Private Reply | To 1 | View Replies]

To: GretchenM

Excellent remarks and so true.


30 posted on 05/11/2006 9:44:36 AM PDT by OKIEDOC (There's nothing like hearing someone say thank you for your help.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: MNJohnnie

Pure and total BS from a typical garbage partisan hit piece from the Bush haters.


So true MNJ!

I am to believe that a true conservative like Luttig would simply give up his life's cause and leave for the private sector because he is upset? Give me a break. All of these trolls who sit and wait for any post that is even remotely negative towards Bush make me sick. GO BACK TO DU.


31 posted on 05/11/2006 9:49:26 AM PDT by MartiniKing (Is it Happy Hour Yet?)
[ Post Reply | Private Reply | To 9 | View Replies]

To: geezerwheezer
It do make you wonder, don't it?

snicker.....

32 posted on 05/11/2006 9:52:44 AM PDT by DCPatriot ("It aint what you don't know that kills you. It's what you know that aint so" Theodore Sturgeon)
[ Post Reply | Private Reply | To 3 | View Replies]

To: mathprof

You must be one who is easily swayed.


33 posted on 05/11/2006 9:58:08 AM PDT by conservative blonde (Conservative Blonde)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MNJohnnie

re post #14... thanks for the morning laugh.


34 posted on 05/11/2006 10:02:21 AM PDT by taxed2death (A few billion here, a few trillion there...we're all friends right?)
[ Post Reply | Private Reply | To 14 | View Replies]

To: mathprof

I expect the good judge regined to make the big bucks, If he did I can't blame him for that. I doubt he resigned over this particular case. If and its a big if, these facts are correct then thank God this guy never got on the Court A little too much of a ego if you ask me.

Also, I think COnservatives can have objectives to the Presidents powers he wants. I have had the theory for a while that Bush asks gfor the moon so he can get something reasonable in the end. I expect that he didnt resign over that.


35 posted on 05/11/2006 10:08:46 AM PDT by catholicfreeper
[ Post Reply | Private Reply | To 1 | View Replies]

To: chris1
So now Luttig is a hater too?

He's self-absorbed.

He doesn't get to decide what decisions the executive branch gets to make, when faced with two legal alternatives.

I hope he makes lots of money and stays out of our judicial system.

36 posted on 05/11/2006 10:14:06 AM PDT by sinkspur ( OK. You've had your drink. Now why don't you tell your Godfather what everybody else already knows?)
[ Post Reply | Private Reply | To 25 | View Replies]

To: mathprof

Very short-sighted of Luttig. I'm thinking he's reading the polls, believes a democrat will win in 08, and what the heck, he'll never make it to the Supremes anyway. He's going for the bucks after 15 or so years on the 4th Circuit, ready to cash in. And I don't fault him.

But no way am I ready to jump on Bush/Gonzales for honking big decisions they must make. We don't know what's behind their latest on Padillo, but I'm sure the implications range far beyond what happens to him. Far beyond Luttig as well. I thank God every day this president does not base decisions on what's popular with the people, or with judges.


37 posted on 05/11/2006 10:16:05 AM PDT by YaYa123
[ Post Reply | Private Reply | To 1 | View Replies]

To: GretchenM
"Is Bush fallible? Duh. Is he better than John Kerry or any other democrat? Dubble duhh."

Although you are correct, you point seems to damn Bush with faint praise. When all you've really got going for you is that you're not quite as bad as the alternitive, that doesn't say much. (not that I don't think Bush has other things going for him, the "he's not as bad as a dem would be" is not much of a defense or reason to vote for any political candidate.)

38 posted on 05/11/2006 10:16:36 AM PDT by joebuck
[ Post Reply | Private Reply | To 5 | View Replies]

To: GretchenM
Please point out to me where I said or suggested anyone should blindly follow this or any other president.

Doncha know you don't have to SAY it; they just assume that's what you think if you don't agree with them.

39 posted on 05/11/2006 10:17:27 AM PDT by Howlin
[ Post Reply | Private Reply | To 19 | View Replies]

To: mathprof; taxed2death; MartiniKing
Yeah, can't let reality get in the way of the knee jerk Bush hate daily rant!

It's the Money. It all about the MONEY. NOTHING else. Not some great deep hidden statement of principal that validate the knee jerk feverish Bush hate of the Perpetual Whiners. It's about how much MONEY Luttig will now be making

40 posted on 05/11/2006 10:17:58 AM PDT by MNJohnnie (Yes, I AM Conservative. The Political Center is for the uninformed and cowardly)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MNJohnnie

I don't hate Bush. I merely said that my opinion of him has been falling. Sorry if that upsets you.


41 posted on 05/11/2006 10:25:05 AM PDT by mathprof
[ Post Reply | Private Reply | To 40 | View Replies]

To: GretchenM
My definition of "support" doesn't preclude criticism where it's warrented.
42 posted on 05/11/2006 10:31:04 AM PDT by GATOR NAVY (Twenty years in the Navy. Never drunk on duty - never sober on liberty)
[ Post Reply | Private Reply | To 5 | View Replies]

To: mathprof
The judge is leaving to make a fortune and I mean a sizeable fortune, in private industry.

The judge would have no reason to resign because he didn't like something the Bush administration did in a case before him.

The judge did not work for the Bush administration. He was in an absolutely separate branch of government, and if he wanted to he could sit on the bench and launch as many thunderbolts as he pleased at the administration or any other litigant.

Get back to me when he volunteers his time to an anti Bush advocacy group, but please don't tell me the guy went to Boeing on principle.

43 posted on 05/11/2006 10:32:44 AM PDT by Williams
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

My reaction was that the judge needs to re-read the first three Articles of the Constitution. His job was to judge the legality of an act, not its desirability.


44 posted on 05/11/2006 10:34:23 AM PDT by zook
[ Post Reply | Private Reply | To 1 | View Replies]

To: mathprof

One would believe that FReepers think judges should stick to the judiciary and not try and play executive. No loss here.


45 posted on 05/11/2006 10:37:07 AM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Condor51

Who is taking the stupid pills? The President or a Judge believing he is running the executive branch? Seems clear as a bell.

And why exactly should the judiciary have to "trust" the executive? Just interprete the laws and constitution and leave the other branch alone.


46 posted on 05/11/2006 10:41:15 AM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: mathprof

Unless you openly declare blind allegiance to the party, you are branded a hater, a racist, a xenophobe, a homophobe, a isolationist, woman-hater, arab-hater, hispanic-hater, etc etc.

I have yet to see the same chorus differ on anything with the WH whatsoever.


47 posted on 05/11/2006 10:41:35 AM PDT by chris1 (I)
[ Post Reply | Private Reply | To 41 | View Replies]

To: Vision

Riiight a 10 million dollar salary has nothing to do with it.


48 posted on 05/11/2006 10:42:28 AM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Owen

Surely you cannot doubt the wisdom of the Nuke Mexico City crowd?


49 posted on 05/11/2006 10:43:58 AM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: justshutupandtakeit
Riiight a 10 million dollar salary has nothing to do with it

Put a little thought into your posts. Why would he have caused all this headache for himself if money was his main motivation? And I guess the history of his entire career illustrates a man out for a buck.
50 posted on 05/11/2006 10:45:40 AM PDT by Vision (Newt/Pence '08)
[ Post Reply | Private Reply | To 48 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-100101-127 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson