Pardon Jim Taricani?

Black Robes and Conflicting Interests

By Justin Katz | November 19, 2004 |

Andrew, yes that notion that the judge can usurp executive powers when some among the executive branch might have a conflict of interest is the lynchpin. After I read, last night, Torres’s decision demanding that Taricani name his source (PDF), questions about the procedures and powers involved with forming grand juries and appointing special prosecutors…

Taricani’s Lawyers do See the Separation of Powers Issue

By Carroll Andrew Morse | November 19, 2004 | Comments Off on Taricani’s Lawyers do See the Separation of Powers Issue

From today’s Projo story on the Taricani case: Yesterday, as Taricani’s legal team has argued in the past, Murphy challenged DeSisto’s authority to prosecute the contempt case against Taricani. He asserted that only the U.S. Attorney’s office has jurisdiction to prosecute such cases.Here’s part of Judge Torres’ response, where he explains why it is necessary…

Our Judicial Supragovernment?

By Justin Katz | November 18, 2004 |

Not being adequately informed about the case and the relevant laws, I’ve been waiting to hear Andrew’s argument in full with respect to Jim Taricani and Judge Torres before taking a position. However, Dan Yorke believes Judge Torres is in the right, and he just said something on his radio show that gives reason, at…

The Basis of the Taricani Ruling

By Carroll Andrew Morse | November 18, 2004 |

The Providence Journal provides a link to Judge Torres’ order (pdf format) compelling Jim Taricani’s testimony about his source. Two things leap out at me. 1. It is clear from the memo that the leaking of the tape is not a violation of the law. It is a violation of a “protective order” issued by…

Reason 3 to Pardon Jim Taricani: The President should Seize the Teaching Moment

By Carroll Andrew Morse | November 16, 2004 | Comments Off on Reason 3 to Pardon Jim Taricani: The President should Seize the Teaching Moment

Reason 1: Why Pardoning Taricani is the Right Thing. Reason 2: Why the Right Thing is Consistent with the President’s Agenda. Institutionally, American democracy has forgotten something — all three branches of government are charged with defending the rights of the individual. Somewhere that idea was lost, replaced by the idea that the court system…

Reason 2 to Pardon Jim Taricani: The President can Advance his Agenda by Doing the Right Thing

By Carroll Andrew Morse | November 15, 2004 |

The President and his conservative coalition, as a matter of principle, do not like activist judges, i.e. judges who use their power to go beyond just interpreting the law. Here is uber-conservative and Bush supporter Phyllis Schlafly on the subject… “Finally, we have a president who comes right out and targets ‘activist judges’ as the…

Reason 1 to Pardon Jim Taricani: It’s the Right Thing to do

By Carroll Andrew Morse | November 14, 2004 |

Rhode Island just passed a separation-of-powers referendum on the state level. But do we have it at the Federal level? Separation-of-powers means that a legislative branch of government makes the laws, a judicial branch of government interprets the laws, and an executive branch of government enforces the laws. At the moment, Jim Taricani is being…

The Jim Taricani Case

By Carroll Andrew Morse | November 14, 2004 |

Providence Journal media writer Andy Smith has an update on the Jim Taricani situation in Sunday’s paper. For those unfamiliar with the events, here is the background. Jim Taricani is a political reporter for the local NBC affiliate, WJAR-10. In 2001, about two months before the (former) Mayor of Providence was indicted on federal corruption…