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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
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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)
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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
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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)
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"4 out of 5. Born in '05
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"Crelm toothpaste, with
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24 posted on 05/11/2006 9:36:41 AM PDT by StAnDeliver
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To: sinkspur

So now Luttig is a hater too?


25 posted on 05/11/2006 9:38:03 AM PDT by chris1 (I)
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To: GretchenM

Amen.


26 posted on 05/11/2006 9:39:20 AM PDT by LucyJo
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To: mathprof

It's total bull.


27 posted on 05/11/2006 9:39:47 AM PDT by mrsmith
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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
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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
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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.)
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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?)
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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)
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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)
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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?)
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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
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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?)
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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
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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
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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
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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)
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