Griffin's legal | Arkansas Blog

Friday, March 16, 2007

Griffin's legal

Posted By on Fri, Mar 16, 2007 at 2:27 PM

Federal Judge G. Thomas Eisele has dismssed a petition in behalf of capital murder defendant Antoine Baker, represented by John Wesley Hall Jr., challenging the legality of a prosecution by U.S. Attorney Tim Griffin. Hall argued that Griffin's indefinite appointment to the post on an interim basis, without a Senate confirmation hearing, was unconstitutional.

As it has been explained to us (we're getting a copy of the ruling), Eisele said a confirmation is required unless Congresses chooses to provide a way around the process, which it did by an amendment to the Patriot Act, little noticed at the time of adoption but now a subject of hot controversy because of removals of eight U.S. attorneys, including Little Rock's Bud Cumoins. Note, however, that the issue could be revived next week. A vote is scheduled Monday to repeal the Patriot Act provision and the Bush administration has already said it won't stand in the way of its approval.

Interesting footnote: Eisele took pains to note court precedent that said only the president has authority to remove a duly appointed U.S. attorney. He accepted at face value that Bud Cummins had resgined and not been removed. It has since become clear he was constructively fired by being forced out to make room for Griffin. But the Eisele footnote could have implications for other cases around the country.


Favorite

Comments (2)

Showing 1-2 of 2

Add a comment

 
Subscribe to this thread:
Showing 1-2 of 2

Add a comment

More by Max Brantley

  • Rutledge kisses up to Trump again

    Donald Trump declared a national emergency to build a border wall today and at a widely panned news conference later essentially admitted it wasn't an emergency. Many Republicans aren't happy about this. But our attorney general, Leslie Rutledge,  hustled out a statement cheering the great man.
    • Feb 15, 2019
  • Bill proposes to forget about Confederacy on state flag

    What would a legislative session be without resumption of Civil War-related hostilities. But, who knows? Maybe Rep. Charles Blake's idea will receive unanimous consent.
    • Feb 15, 2019
  • Headlines and the open line

    Stick a fork in us. Here are the news roundup and the open line.
    • Feb 15, 2019
  • More »

Readers also liked…

  • Is Arkansas in or out on Kobach voter data effort?

    The Washington Post has published a map that counts Arkansas as among states that will "partially comply" with a sweeping request for voter data by the so-called election integrity commission set up by Donald Trump in an effort to cast doubt on Hillary Clinton's 3 million-vote popular defeat of him in 2016.
    • Jul 2, 2017
  • Greenbrier's paddling of student protester goes worldwide

    The paddling of Greenbrier High School students who joined in te national school walkout Wednesday has produced headlines worldwide.
    • Mar 17, 2018
  • Rep. Mary Bentley's website now supports gay rights

    Somebody has cybersquatted on Republican Rep. Mary Bentley's website, replacing her messaging with a call for equal rights for LGBTQ people.
    • Jul 18, 2017

Slideshows

Most Recent Comments

 

© 2019 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation