Recent Articles in Election Law & Political Commentary from LexMonitor

Transition Team Focusing On Role Of Presidential Legal Advisers

blog@acslaw.org (ACS News Blogger) — Fri, 21 Nov 2008 18:23:42 GMT

The Justice Department’s Office of Legal Counsel (OLC) garnered a great deal of media attention and notoriety for its role in advising President George W. Bush on controversial counterterrorism methods, including the use of harsh interrogations by the CIA.

USA Today reports that President-elect Barack Obama’s Justice Department transition team includes key members who have previously worked in the OLC and have voiced strong concerns about the OLC’s legal advice to Bush, which many consider wobbly at best. For example, the newspaper reports that Indiana University law professor Dawn E. Johnsen, a leader on the Obama transition team, has been “among the most publicly critical of OLC’s backing of President Bush’s counterterrorism measures, particularly on interrogation techniques.”

The newspaper also notes that Johnsen, a member the ACS Board of Directors, provided Congress with ideas for restoring the OLC, which is charged with providing legal advice to the president to ensure compliance with the Constitution and federal law.

“Johnsen, joined by 18 other attorneys who had worked at OLC, offered Congress 10 principles for the office, including timely release of opinions that might conflict with federal law,” reports USA Today. “Three of the other attorneys, who signed the statement, including Harvard University’s David Barron, also are on Obama’s Justice and Civil Rights transition team.”

Earlier this year, Johnsen testified before a Senate Judiciary Committee panel about the OLC’s role in providing legal advice to the Bush administration on counterterrorism issues. “OLC has been widely and deservedly criticized for the substance of its legal interpretations, which at least at times have not reflected principled, accurate assessments of applicable legal constraints, but instead were tainted by the Administration’s desired policy ends and overriding objective of expanding presidential power,” Johnsen said.

In an article that is part of a broad ACS package of proposals and ideas for reforming legal and justice policy in the new administration, Johnsen writes that the next administration must take steps to ensure that the OLC serves as check on presidential power, not as a rubberstamp.

“OLC’s charge is to help the President achieve desired policies in conformity with the law, and that often involves actively devising alternatives to a legally flawed proposal. Because the President makes the final call and bears ultimate responsibility for legal determinations as well as policy choices, OLC’s advice should fully inform the President, as well as other readers, and address strong arguments counter to its conclusions,” maintains Johnsen.

See the ACS Law and Justice page for Johnsen’s entire article, “All the President’s Lawyers: How to Avoid Another ‘Torture Opinion’ Debacle,” along with the other articles in the ACS package, “A Fresh Start for a New Administration: Reforming Law and Justice Polices.”

New look.

annalthouse@mac.com (Ann Althouse) — Fri, 21 Nov 2008 18:06:40 GMT

Complain about the new strong look if you dare.

I was going to completely redo the blog template, but then I realized I just wanted Blogger's Minima template tweaked into greater simplicity and strength. I've reduced the color, boldened a few things, and eliminated all the uppercasing.

Law Blog Chats with Marc Elias, Lawyer for Al Franken

lawblog@wsj.com. (Dan Slater) — Fri, 21 Nov 2008 17:56:00 GMT

Mr. Franken and his left-wing allies also know that if Mr. Franken couldn’t win election in this fabulous Democratic year, then the not-so-funnyman never will. — WSJ editorial, “Mischief in Minnesota,” Nov. 12

. . . I imagine your readers have probably figured out that the Journal’s editorial was simply wrong. . . — letter to the WSJ editor, “There’s Nothing Unusual About the Minnesota Recount,” by Marc Elias, a Perkins Coie lawyer representing Al Franken’s campaign, Nov. 21

The joker’s goal is to sow enough doubt about the vote so that if he loses the recount he can attract public support to challenge the final result in court. . . Minnesota should respond by telling Mr. Franken that even a celebrity has to play by the rules. — WSJ editorial, “Al Franken’s Minnesota,” Nov. 21
________________________________________________

Senate candidate Al Franken bowls, Oct. 14, 2008. (AP/Jim Mone)

Not everyone will be interested in the minutia of Minnesota’s recount to determine the winner in the senatorial race between Norm Coleman and Al Franken. So we’ll simply point you to the back-and-forthing, referenced above, between the WSJ’s ed board and Marc Elias, the Perkins Coie lawyer representing the campaign of Al Franken — who, on a completely unrelated note, graduated from the Law Blog’s high school about 27 years before we did. (He was on the wrestling team. We were not.)

Yesterday, we got a few minutes to chat with Elias (pictured, below), who had spent a chunk of his day getting the press up to speed on the status of the recount.

Hi Marc. Crazy times in Minnesota. Briefly, can you give us a rundown of the legal issues surrounding the recount?

There has not been as much litigation around this recount as you might think. There are only two suits. One filed by the Coleman campaign to prevent Hennepin County from counting 32 ballots. [It has yet to be resolved.] The other legal skirmish is that we sued Ramsey County for access to lists of voters whose absentee ballots hadn?t been counted. We won [on Wednesday]. It?s an effort to try to get access to data. It may or may not yield anything.

The recount must be pretty work-intensive.

It’s a monumental undertaking in Minnesota because all the ballots are counted by hand and done at a county level. So there are 110 counting sites and multiple tables at each site.

Tell us about this robust politics practice you have.

Within the firm there’s a political law practice that specializes in representing candidates, parties, PACs, and organizations and companies that want to be involved in politics. Pretty much anything that touches on politics. Within that practice, my own practice has mostly been representing Democratic senators and their campaigns, such as Paul Wellstone, Mark Dayton and Amy Klobuchar.

All Minnesota Senators. What’s the tie?

No tie to Minnesota. A lot of this business is just referral work. You get to know people. For instance, Colleen [a public relations executive working for the Franken campaign] will work for Franken or Mark Dayton, and she’ll tell someone, “Hey, I know a lawyer who can be helpful.”

Is Al Franken the funniest candidate you’ve ever worked with?

I think he?s one of the nicest candidates I?ve ever worked with. He?s funny at a personal level and serious about the campaign and serious as a candidate.

Ok, Marc. Thanks for taking the time.

Sure. Thanks.

Progressives Awaken from Obama-Vegetative State

darrren12000@yahoo.com (darrren12000@yahoo.com) — Fri, 21 Nov 2008 17:33:35 GMT

Every day, reality rears its ugly head for progressives. During the Democratic primaries and in the general election campaign, I often thought that the left was collectively in an Obama-Vegetative State. Like zombies, they moved along, unable to muster up the slightest analysis of Obama that did not sound like messianic blather. I do not blame Obama for this. On the contrary, I have come to view him as one of the most skillful politicians in U.S. history. Progressives, however, frightened me because most of them abdicated dissent.

Recently, however, the EEG has detected signs of brain activity among the left. Now progressives seem to realize that an "election is not a social movement" (something I argued weeks ago). Gradually, more of them now argue that in order for Obama's presidency to generate meaningful reform, grassroots political activism around specific issues (rather than ambiguous appeals to change and hope) must take place. This will not occur if leftists and liberals remain lulled into an hypnotic state by their excitement of having a Democratic president and their utter shock and amazement that this Democrat is also black. Here are some examples of renewed signs of life among progressives.

The Nation
For the last year, The Nation (a liberal magazine) was passionately uncritical. Anything Obama did generated chills, tears, smiles, and warmth. Euphoria comes to mind as an umbrella term to describe the mental state of writers for the Nation. Now that the election is over, kinks have emerged in the liberal Utopia. For example, Francis Fox Piven has published an essay arguing that liberals and progressives need to generate activism to push Obama to implement progressive policies. No, Virginia, he will not do it on his own! Piven accurately argues that FDR -- the storied leader of progressive change in the U.S. -- did not come to power with a radical agenda. Instead, labor movements, consumer activism, and political protests helped push through meaningful reform. A coalition of progressive causes also supported the progressive changes that took place during the Johnson Administration.

The CEO of the NAACP has also joined the conversation at The Nation. Benjamin Todd Jealous acknowledges the historic nature of Obama's presidency, but he argues that: "[W]e cannot stop here. This victory is momentous but ethereal. Progress is eroded when not pushed forward, taken to the next level."

Reactions to Cabinet Selections
Obama's cabinet choices so far have probably done the most to jolt progressives out of their slumber. Many people on the left feel "betrayed," if not horrified, by Obama's personnel decisions. They are particularly upset by his choice of Rahm Emanuel as Chief of Staff and are sweating bullets over the prospect of Hillary Clinton heading the State Department and Larry Summers getting the nod at Treasury. But perhaps they got some relief when Penny Pritzker, the 135th wealthiest American according to Forbes Magazine, declined to accept an offer from our beloved community organizer to become Secretary of Commerce.

Matthew Rothschild at The Progressive criticizes Obama for not appointing persons with progressive credentials to serve in his cabinet. He argues that "there are a lot of talented progressives who could be in an Obama cabinet." Rothschild's list of potential nominees includes Dennis Kucinich as Secretary of State. Back at The Nation, Tom Englehardt argues that it almost seems as if Clinton won the election and that "Clintonistas are just piling up in the prospective corridors of power" (I have made similar arguments).

And over at the liberal blog Open Left, David Sirota has blown a gasket reacting to the current line-up of Obama appointees, calling the situation "creepy." Sirota argues that:

For all the talk of "change," I'm really curious whether Barack Obama thinks
there are any worthy, smart, well-qualified people who aren't part of permanent
Washington and who didn't serve in the Clinton administration? Certainly, his
campaign apparatus appreciated that. But it doesn't seem like his transition
team does (a transition team, of course, dominated by former Clinton officials).

My take: This is great stuff. If you read my background area, you will notice that I started this blog because I believed that during the campaigning progressives completely abdicated engaging in dissent and that liberal academics were doubly wrongheaded because as liberals and (especially) as academics they have a greater duty to examine society with a critical lens. Many progressives now realize that broad social change does not magically occur, while some of them simply thrive on criticism (like I?). None of this detracts from Obama or his victory. Instead, it just treats him like any other president or presidential candidate. Obama is positive, but imperfect, and he will do whatever it takes to get elected and re-elected. Consequently, social movements must apply pressure on him in order to ensure that he will press for progressive social change. Otherwise, he has no incentive to do so.

DLA Piper seeks millions in capital from partners

Fri, 21 Nov 2008 17:18:00 GMT

DLA Piper, the largest law firm in the US, has asked 275 income partners to contribute up to US $150,000 each to bolster the firm's finances. The firm also plans to reduce draws for top equity partners. The plan is up for approval in January 2009. The expectation is that it will be approved.

DLA Piper's bank, Wachovia Corp., has publicly stated that DLA is experiencing no difficulties with its credit facility. This may not be the case elsewhere. Citigroup, which has $6 billion in loans to law firms, says lending to law firms to the end of September was up more than 30% over last year.

Julius Melnitzer

Court sides with MUW president in alumnae scrap

Fri, 21 Nov 2008 16:58:56 GMT

Court sides with MUW president in alumnae scrap

Mississippi University for Women's president had the authority to break ties with the Columbus school's more than 100-year-old alumnae association, the Mississippi Supreme Court ruled Thursday.

The court reversed an October 2007 opinion by Chancellor Dorothy Colom of Columbus, who had ordered MUW's leader, Dr. Claudia Limbert, to honor an affiliation agreement with the Mississippi University for Women Alumnae Association and to do so for the duration of the agreement.

Colom also erred in allowing the association's continued use of the school's names, marks and symbols after Limbert terminated the agreement in March 2007, said the decision written by Justice George Carlson.

"We're extremely pleased," said Amy Whitten of Oxford, president of the state Board of Trustees of State Institutions of Higher Learning, which operates the state's eight universities. "The board felt its decisions made early on were sound. It's good that the Supreme Court recognized that authority."

In a written statement, Limbert said, "We are obviously happy with the ruling of the court today. We look forward to working together with our alumni to embrace the opportunities and face the challenges before us.

NE MS Daily Journal
11/21/8

Ex-Smith Co. employee indicted on embezzlement

Fri, 21 Nov 2008 16:57:30 GMT

Ex-Smith Co. employee indicted on embezzlement

Deputies with the Smith County Sheriff’s Office served Telicha Nobles on charges of embezzlement Wednesday.

Investigators with the State Auditor’s Office worked the case involving embezzled funds from February 2006 – August 2007.

Nobles was indicted by the Grand Jury in Smith County in October and is accused of using over $62,000 of taxpayer funds for personal use. Nobles’ is the former payroll and accounting clerk for Smith County Board of Supervisors.

“I appreciate the work of the Smith County Sheriff’s Office and Sheriff Charlie Crumpton for his assistance in this case,” said State Auditor Stacey Pickering. “Let this indictment serve as a reminder that all cases of misuse of public funds can be prosecuted criminally and to the furthest extent of the law.”

Nobles embezzled $63,432.05. The Smith County Sheriff’s Office processed Nobles on Wednesday and she was released on her own recognizance.

Since taking office January 10, State Auditor Stacey Pickering has recovered $1,780,358.96 in misappropriated, misused or embezzled taxpayer funds.

Laurel Leader Call
11/20/8

Gregg Harper to serve on U.S. House GOP steering committee

Fri, 21 Nov 2008 16:54:38 GMT

Harper to serve on U.S. House GOP steering committee

Rankin Countian and Congressman-elect Gregg Harper was chosen today to serve on the U.S. House’s Republican Steering Committee.

The committee, which has fewer than 30 members, makes decisions on which congressmen will serve on which House legislative committees, according to a news release. Harper, a Pearl lawyer, was the only freshman member chosen for the committee.

“The new freshman class of Republicans is just simply an incredible group of congressmen and congresswomen,” Harper said in a news release. “I am so honored to be selected to represent them on the Republican Steering Committee in Congress. I also look forward to working closely with our House leadership to make sure that we have good representation on all of the legislative committees.”

Clarion Ledger
11/20/8

Local politicians say ‘fight over tobacco tax coming’

Fri, 21 Nov 2008 16:53:00 GMT

Local politicians say ‘fight over tobacco tax coming’

Barbour proposed a 42 cent per pack tobacco tax, which is an increase from the current 18 cents per pack tax.

Rep. Larry Byrd, R-Forrest and Lamar, said legislators will have a wide range of opinions as to how this money is used.

“The fight is coming,” he said. “It’s going to be over how much and where the money goes.”

Sen. Billy Hudson, R-Hattiesburg, said he would like to see the tax increased to 50 cents per pack.

“During my term as a Forrest County supervisor, I never voted for a tax increase, but for Medicaid funding, I am for this tax,” he said.

Hattiesburg American
11/21/8

BRUMFIELD - Langston sentencing, timing spur questions

Fri, 21 Nov 2008 16:47:15 GMT

Langston sentencing, timing spur questions

"Normally, sentencing would not take place until all the cooperation is over," notes Dr. Ronald Rychlak, a University of Mississippi School of Law professor with criminal proceedings expertise.

"Prosecutors like to keep that threat hanging to assure cooperation through any necessary trial testimony."

That's assuming trials will follow.

In his guilty-plea proceedings before U.S. Chief Judge Michael P. Mills, the 53-year-old Langston swore he conspired with famed former Oxford attorney Richard "Dickie" Scruggs, former New Albany attorney Timothy Balducci, former state Auditor Steven Patterson and former Hinds District Attorney Ed Peters to bribe DeLaughter with the promise of a federal judgeship.

In turn, Langston said, DeLaughter was to give them favorable treatment in the lawsuit Wilson v. Scruggs, which involved fees related to work on asbestos cases.

The government's practice is well-established for holding off sentencing until it has what it needs for a case, especially trial testimony.

In a Feb. 21 motion, Assistant U.S. Attorney Robert H. Norman asks for the delay until after Scruggs' trial in another judicial bribery case - then set for March 31 - "to enable Joseph C. Langston to substantially assist the government and to provide him with an incentive to do so."

Scruggs eventually pleaded guilty to conspiring to bribe Circuit Judge Henry Lackey.

And so, the questions linger about the significance of Langston's December sentencing date:

- Are the feds through with him?

Pretrial sentencing is unusual, observed two attorneys with ties to the case, who asked not to be identified. "But the judge can do anything he wants to do" about the timing of Langston's sentence, one noted.

- Does that mean there won't be any indictments, pleas or trials?

"Maybe they have decided that there will not be any trials," Rychlak speculated.

Maybe plea agreements, like Langston's, will make trials unnecessary or maybe investigators have decided they don't have enough to bring anybody to trial.

- Does the current U.S. attorney, a Republican, want to seal Langston's fate before the Democrats take over leadership of the U.S. Department of Justice?

Some observers think so, but it's not because they think Langston might get a better deal from Democrats, despite political affinities.

NE MS Daily Journal
11/21/8

HuffPo is aghast that turkey-killing doesn't faze Sarah Palin.

annalthouse@mac.com (Ann Althouse) — Fri, 21 Nov 2008 16:46:12 GMT

Deal with it, you candy-asses. If you eat meat, something like that is going on in the background for you too.

Lawyer: Obama Should Start Pardoning Right Away

lawblog@wsj.com. (Dan Slater) — Fri, 21 Nov 2008 16:46:00 GMT

On Tuesday, we did a bit of pardon speculation and asked whether President Bush, on his way out of the White House, might have a Marc Rich moment and make a controversial get-outta-jail-free pick. (Conrad Black, anyone? Hard to say, but Slate thinks Michael Milken and Scooter Libby are pardon possibilities.)

So far, we noted, Bush has used his pardon power sparingly ? approving only 157 pardons. The number represents the lowest for all presidents since World War II, with the exception of G.H.W. Bush, who, during his four-year administration, pardoned only 74 individuals.

Recently, the National Journal went into depth on the history of the pardon power’s “misuse and disuse over the last 25 years.” The NJ’s David Herbert interviewed Margaret Colgate Love, a lawyer specializing in, among other things, executive clemency. Love served as U.S. pardon attorney from 1990 to 1997 and currently directs the ABA Commission on Effective Criminal Sanctions.

Here are some highlights:

NJ:

Love: . . . [T]wo things have happened in the federal system in the past 25 years. First, we instituted a new sentencing system, and there was a sense of getting tough on crime . . . with mandatory minimum sentences and long guideline sentences. There is no other way to get out of prison. We have no parole in the federal system, and it has become a very inflexible, rigid system, and people are sent to prison for very long terms, and there’s no way to get out.

At the same time, for people who are out of prison who are trying to become reintegrated into society, there are many, many collateral consequences that keep them from exercising their civil rights and getting jobs, that are mitigated, avoided, only through a pardon. So people really need pardon these days, and it seems like at the very time that people need pardon the most, it has become essentially unavailable to them.

NJ: What role would you like to see pardon playing that it isn’t now?

Love: . . . [P]ardon . . . functions as sort of a corrective to the legal system . . .Unfortunately, the legal system doesn’t always do perfect justice, and that’s where you need the pardon power. That’s the way Alexander Hamilton conceived of it: to make what he called “exceptions in favor of unfortunate guilt.” That’s kind of a nice phrase. But for many years the pardon power has not worked like that.

NJ: I know you take a dim view of speculation about which well-connected or celebrity convict — Marion Jones’ name has been floated — will get a pardon. Does that theater have any value, though, since it keeps the pardon process in the public eye? Or does it cheapen the privilege?

Love: Well, I think it would be preferable, in my view, if the president used the power more regularly to benefit ordinary people and he used it to help the public understand how the justice system works. . . And so I think it’s kind of distracting when you get a lot of celebrities who are applying who would not ordinarily be eligible under the Department of Justice’s own regulations. . . .

NJ: Let’s say Obama was committed to using pardon for the lofty goals you’ve mentioned. Considering the bad rap the pardon process has developed in the last few decades, how would you advise him to go about reviving the pardon tradition?

Love: I would advise him to start pardoning pretty much right away. Give pardon to little people who are not particularly controversial, just ordinary people who have cases that fit within the Justice Department guidelines. I would also recommend that he do some grants that show some of the problems that people face in trying to rehabilitate themselves coming back to the community. . .

NJ: In more controversial cases where you have groups that feel very strongly one way or the other, how do you minimize their role so that they don’t overly politicize a pardon?

Love: Well, the pardon power is necessarily political. I mean, the only check on it is public opinion. So it’s necessarily political in that good sense that the president is really acting as the conscience of the community. So if he can’t sell his message to the public, then he’s just going to have to do what he has to do. . .

WAPO lists Haley Barbour in “Top 10 Republicans to watch” list

Fri, 21 Nov 2008 16:43:53 GMT

The Friday Line: Ten Republicans To Watch

9. Haley Barbour: There are those who mention Barbour's name for the 2012 GOP nomination. We are decidedly skeptical about that -- will the country be ready for a man who had a hand in inventing modern-day lobbying in Washington? -- but Barbour is clearly someone to watch. Remember that before he became governor of Mississippi in 2003, Barbour was one of the leading political operatives in the country and has tentacles (and acolytes) all over the country. That makes him a force to be reckoned with.

Washington Post
11/20/8

Mukasey collapse was nothing but a fainting spell.

annalthouse@mac.com (Ann Althouse) — Fri, 21 Nov 2008 16:19:26 GMT

Great news. But now let's talk about whether it's a little strange. What kind of man faints while getting overemotional and passionate in the middle of "prais[ing] the administration for 'nothing less than a fundamental reorganization of our government' after the 9/11 terrorist attacks and blast[ing] the relentless critics of the very policies that have kept us safe'"?

"One friend said Mrs. Clinton decided late Wednesday to say no, reasoning that she would have more freedom in the Senate."

annalthouse@mac.com (Ann Althouse) — Fri, 21 Nov 2008 15:55:20 GMT

"By midday Thursday, the friend said, she was 'back in the indecisive column again."

Writes the NYT:

[There are] discussions about an enhanced position for Mrs. Clinton are factoring into her deliberations over joining the cabinet... Mrs. Clinton, the junior senator from New York, is wrestling with whether to abandon her independence to become the nation’s top diplomat or remain in a chamber where lack of seniority limits her influence.

Subordinate yourself to no man! He's trying to tame you! Stay free, Hillary!

Mrs. Clinton asked to join the Senate Democratic leadership after the Nov. 4 election, and party leaders began trying to figure out a way to accommodate her without dislodging any of the current leaders...

Make way for Hillary! She wins if they step aside for her. Let's see her get them to step aside.

Driving her consideration, friends said, is a sense of disenchantment with the Senate, where despite her stature she remains low in the ranks of seniority that governs the body. She was particularly upset, they said, at the reception she felt she received when she returned from the campaign after collecting 18 million votes and almost becoming the first woman nominated for president by a major party.

“Her experience in the Senate with some of her colleagues has not been the easiest time for her,” said one longtime friend who insisted on anonymity in exchange for sharing Mrs. Clinton’s sentiments. “She’s still a very junior senator. She doesn’t have a committee. And she’s had some disappointing times with her colleagues.”

She's boxed in. Let's see her get out of the box. Such disrespect for the woman!

Nationwide Layoff Watch: Stealth Layoffs at Fried Frank

tips@abovethelaw.com (David Lat) — Fri, 21 Nov 2008 15:50:57 GMT

We've gotten credible information that Fried Frank has laid off at least 15 associates from their corporate department, including 6 in the real estate practice group. A tipster collects the information in a clear way:

They are veiled as performance-based reviews, but virtually everyone is getting a negative review (mostly, it seems, to justify in a paper-trail [a decision] to not give bonuses)....
There has been no formal review process announced, and no one knows what directive came from management last weekend at the partner retreat, but it seems that each group was told to make cuts. People were completely taken off guard when they started getting calls earlier in the week calling them in for their reviews, some of which dredged up years-old information to use as justification for lay-offs, and many of which lasted only 5 minutes or so. Most of the layoffs have been mid-level associates and up, but most junior associates have not yet been reviewed.

The axe is expected to fall on the litigation side of the firm today.

The firm has not responded to voice messages or emails left earlier today. The number of layoffs could be higher than what we are reporting, but right now the best number is 15.

We understand that a three-month severance package has been offered.

Every single tipster (and there are a lot of them) said that the laid-off attorneys were told that they were being let go for performance reasons.

But that's not all they were told. Read the rest, after the jump.

Will Obama and the Democratic Congress repeal "don't ask, don't tell"?

annalthouse@mac.com (Ann Althouse) — Fri, 21 Nov 2008 15:34:03 GMT

Don't count on it!

Obama's leaky transition.

annalthouse@mac.com (Ann Althouse) — Fri, 21 Nov 2008 15:28:41 GMT

WaPo observes that the transition isn't working the way the "no drama Obama" campaign did.

Hmmm.... remember all the arguments about how Obama's "executive experience" as the head of a political campaign provided a basis for judging his capacity to serve as President? Now, we're seeing his performance as the head of the transition, and it looks quite different.

Eric Holder "is the second coming of Janet Reno."

annalthouse@mac.com (Ann Althouse) — Fri, 21 Nov 2008 15:27:57 GMT

Says the first commenter on David Kopel's post that stresses Holder's "strong support" of gun control -- he co-signed an amicus brief in District of Columbia v. Heller -- and his role in the "night-time kidnapping of Elian Gonzalez."

MySpace: “You?re the Kind of Boy a Girl Would Kill Herself Over”

lawblog@wsj.com. (Dan Slater) — Fri, 21 Nov 2008 15:27:00 GMT

A couple big revelations in the MySpace suicide trial, about to head into its fourth day in Los Angeles federal court:

Prosecutors have charged Lori Drew, a Missouri mother accused of taking part in a hoax that allegedly led to the suicide of 13-year-old Megan Meier, of violating the Computer Fraud & Abuse Act.

Yesterday, Ashley Grills, who was testifying under a grant of immunity, said Drew was directly involved in creating the bogus MySpace profile of a 16-year-old boy that was used to lure Meier into an online relationship. Grills, a longtime family friend of the Drews and an employee of Drew’s coupon distribution business, testified that she, Drew and Drew’s daughter, Sarah, were trying to figure out a way “to expose Megan” for rumors she’d allegedly been spreading about Sarah. Here’s the L.A. Times report.

Grills, 20, said she was the one who came up with the idea of the MySpace account, but that Drew agreed and “thought it was funny.” Grills testified that Drew was present when Grills sat at the computer and agreed to the MySpace terms of service, though they did not read them. Grills said she and Sarah thought they might get in trouble for fabricating the MySpace account, but that Drew told them “it was fine and people do it all the time.”

Much of the above testimony had already come out in prior reports on the case. But then Grills, according to the NYT, testified that Meier wrote the following shortly before taking her own life: ?You?re the kind of boy a girl would kill herself over? — a reference to the fictitious Josh Evans.

The message had never been revealed by Grills until this week. ?It was something I didn?t want to remember,? testified Grills, who said she had been hospitalized for depression after the suicide. ?I pushed it out of my mind.?

Drew’s lawyer, Dean Steward, went after Grills’s credibility, according to the NYT. ?Don?t you kind of have to say stuff they want to hear?? he said to Grills, motioning to prosecutors in a reference to her immunity agreement.

Also, under Steward’s cross-examination, Grills said she thought she sent the final e-mail telling Megan that the world would be better off without her from an AOL instant messaging service, not from the fake MySpace. In comments to a reporter outside the courtroom, Steward, noted the LAT, suggested that the revelation was a blow to the government’s claim of jurisdiction.