NYT: President's Court Pick Will Have Smooth Sailing In Senate

From today's New York Times, an interesting story suggesting that the battle for the next Justice on the United States Supreme Court is already over. Excerpts below (emphasis added):

Republicans in Senate Lower Expectations of a Court Fight
By Neil A. Lewis

WASHINGTON — While there is growing anticipation that the summer will bring the spectacle of a pitched Supreme Court confirmation battle, some Senate Republicans are lowering expectations that they are planning any major political fight.

President Obama has not yet named his choice to succeed Justice David H. Souter, but several Republicans acknowledge that it is unlikely they will be able to derail the nomination absent some startling revelation about the candidate.

Those Republicans, including senior staff aides and some senators, suggested in interviews that they believed Mr. Obama’s first nominee for the court would be confirmed without great difficulty no matter how they framed the issues during the confirmation process.

SenatorJeff Sessions, of Alabama, the ranking Republican on the Judiciary Committee, has said he would not necessarily be opposed to a nominee who is gay or an abortion rights advocate. In a recent interview, Mr. Sessions made it clear that whatever his preferences for resistance on the nominee, he could count the numbers.

* * * *
A second top Republican Senate aide, also not connected to Mr. Sessions, said, referring to Mr. Obama, “Elections have consequences; he won.” “Obviously, we’re going to stand up for our principles,” the aide continued, “but the other side has won this right to choose someone this time.”

If You Think Jackson Hasn't Changed Since the 60s . . .

If you think "nothing much has changed" in Jackson, Mississippi since the 1960s, check this out. From the website of Howard University School of Law in Washington DC, here is the short biography of Chokwe Lumumba, Councilman-Elect of Jackson, Mississippi (as submitted by Mr. Lumumba's law firm):

Chokwe Lumumba is the National Chair and a co-founder of the New Afrikan People’s Organization (N.A.P.O.). He has served as NAPO’s chairperson since its inception in 1984 having been re-elected to the position in 2004. As national chair of the organization, Lumumba now resides in Jackson, Mississippi. Lumumba was born and raised in Detroit, Michigan.

Lumumba’s leadership helped NAPO to establish an office and organizational presence in Jackson, Mississippi, in 1989. Lumumba has been in the leadership of campaigns in Jackson against police terror, and has joined with others to stop the Ku Klux Klan march planned for Jackson in April of 1990.

Lumumba is co-founder and a member of the Malcolm X Grassroots Movement and was an officer and co-founder of the Jackson Human Rights Coalition. He served as the Vice-Chair of the Grassroots Convention in Jackson, Mississippi in 1994.

As a member of NAPO, Lumumba has led and/or participated in the organization’s community youth programs, anti-crime patrols, political education forums, legal service clinics, and various other community service activities. He has also partaken in political action campaigns against racist institutions, the U.S. bombing of Libya, and many other acts of economic exploitation, racism, and international lawlessness.

In July of 1969, Chokwe Lumumba became a conscious citizen of the New Afrikan nation in North America, and a legionnaire in the Black Legion of the Republic of New Afrika. He served as acting President and Vice President of the Republic of New Afrika.

* * * *
In September of 2005, Chokwe Lumumba co-founded the Mississippi Disaster Relief Coalition (MS-DRC) in response to Hurricane Katrina and assisted in the distribution of tons of material aid to Katrina survivors. He serves as the coordinator of MS-DRC and as a member of the Interim Coordinating Committee of the Peoples Hurricane Relief Fund, Oversight Coalition. He also serves on the coordinating committee of the Black Activist Coalition on Katrina.

He was the co-coordinator and co-organizer of the December 8–9, 2005 From Outrage to Action Conference in Jackson, which was attended by about 600 Katrina survivors and/or supporters, and of the December 10, 2005, Right to Return March on New Orleans which drew about 5,000 participants.

Brother Chokwe has not only pursued and protected human rights on the streets, but he has championed the same in the courts. Chokwe is an Attorney at Law. He graduated with honors from Wayne State University Law School in 1975 after finishing first in his freshman law class in 1973-74. Lumumba initially entered law school at Wayne State University in the fall of 1969 before leaving to work full time for the RNA in Mississippi and Detroit.

* * * *

In the early and mid 1990’s, Lumumba won a string of major victories in Mississippi Courts. He won an acquittal for DeWayne Boyd, a New Afrikan (Black) land development activist who was framed on arson charges after discovering and reporting dishonest schemes by white farmers to control and profit from DeWayne’s family’s land in Starkville, Mississippi. He and Oxford, Mississippi, Attorney Gail Thompson defeated the attempts by the State of Mississippi to put John Buford Irving to death for the alleged murder of a white store owner in 1976, by winning Irving’s 1995 death penalty trial.

He won a not guilty verdict for a 13 year old New Afrikan Youth, Elliot Culp, on May 10, 1996. Culp was charged with robbing and killing a 64 year old white woman. He was the youngest person ever tried on capital murder charges in Mississippi.

* * * *
Lumumba is a member of the National Conference of Black Lawyers. He also practices law in Michigan as of Counsel to Jeffrey Edison. From April 1991 until October 10, 2005 he practiced in Jackson, Mississippi.

I have some familiarity with the John Irving case discussed above. This was a truly remarkable victory. The all-white jury returned a unanimous life verdict for Mr. Irving, an African-American, for the homicide of a white store owner. The lesson: don't underestimate Mr. Lumumba's ability to persuade people of all races, classes and political persuasions. And don't underestimate his commitment It will make for an interesting term on the City Council.

"Ask your mayor."

The case of Sharrod Moore took a shocking turn yesterday. After having one of his assistants do the dirty work of dismissing the case against Mr. Moore, DA Robert Shuler Smith met with the media outside the courthouse and alleged that "certain officers and officials" engaged in a cover-up with respect to the killing of R.J. Washington. (WJTV story here; WLBT video here.)

This is not the first time DA Smith has alleged that a cover-up was hindering his investigation. He told the Jackson Free Press almost the same thing nearly one year ago. The key difference this time is Smith's use of the word officials when assigning blame.

I remember how odd the indictment of Sharrod Moore seemed at the time, back in January of 2008. Mayor Melton's appearance before the television cameras to announce the indictment felt weird enough, considering Melton was the mayor, not the District Attorney, police chief, sheriff, etc. Furthermore, Melton was so excited about the indictment that he held the press conference before Moore was in custody, a seeming violation of Section 99-7-9, which prohibits publicity of indictments when the indicted person is not in custody.

The bone-chilling moment came, though, when Moore was being escorted through the tunnel between the Hinds County Circuit Courthouse and the Downtown Detention Facility. When asked by one of the handful of reporters following him why he was being indicted now, Mr. Moore simply replied, "Ask your mayor."

As the case progressed, things became even more surreal. First, DA Smith met secretly on several occasions with accused capital murderer Stephan Hickman and took a sworn statement from him, all without the knowledge of Hickman's counsel. Then, DA Smith saw fit to release the transcript of the statement into the public record by attaching it to a motion. The transcript tells a wild, detailed story, in which Melton is the "Prince" of the Jackson drug trade, and Sharrod is the "Knight." Both are supposedly controlled by an unnamed figure called "the Pharoah." According to Hickman, Sharrod was to make quarterly payments to Melton. Hickman goes on to tell a version of events in which Melton, Moore, and Washington are engaged in, umm...inappropriate activities. According to Hickman, Melton ordered Moore to kill Washington so as to show Moore's loyalty to Melton.

Hickman's story has largely been proven false, at least with respect to the particulars of who was present at the time of the killing of R.J. Washington. But one has to wonder, to what extent, if any, is DA Smith now looking at the deceased Melton as a player in this ordeal? After all, the word "officials" is new, and connotes some person or persons other than JPD officers.

A brief follow-up to Justin's question in comments

Yesterday, in the comments to Part 5 of the posts on the Sharrod Moore hearing, "Justin" wondered whether or not Robert Shuler Smith was in another courtroom at the time of the hearing. Several media outlets have picked this up and run with it:

From Jimmie Gates' story in today's Clarion-Ledger:

District Attorney Robert Shuler Smith, who had led the effort to prosecute the case, didn't attend the hearing and was said to have been in another courtroom at the time.

"He should have been here," Yerger said.

From Donna Ladd's blurb at JacksonFreePress.com:

District Attorney Robert S. Smith was absent again when Hinds County Circuit Judge Swan Yerger dropped murder charges against Sharrod Moore in the 1995 killing of Jackson Police Officer Robert J. Washington.

It turns out that the DA was outside, as can be seen in an explosive video from WLBT I just found and will post about.

Some Keen Insights Into the Mayoral Runoff

Kingfish at Jackson Jambalaya has posted two excellent analyses of Tuesday's Democratic primary run-off. They are here and here.

Liveblogging the Sharrod Moore dismissal hearing, Part 5

Judge Yerger says "Robert Shuler Smith is not here. Should be here, but we have been advised that he is in another courtroom."

ADA Jamie McBride:

Terrible, terrible event that happened long ago. In Jan. 2008, police announced new evidence. Weapons in this case never found. Witness who gave testimony to grand jury was later found not to be credible. Another witness, Howard Hackett also came forward, and swore to the grand jury that Sharrod confessed to him and gave him the gun used in the killing. Hackett later used that gun in a carjacking. Ballistics tests matched the gun Hackett used to the killing of Washington.

DNA test results recently received show no other DNA besides that of Washington on Washington's body.
105 fingerprints were taken from Washington's police cruiser. No match to Moore.

Hackett, subsequent to his testimony to the grand jury, took the stand in another criminal case sand began to recant his earlier statements in that case. Hackett has also been charged in a new case.

The only direct evidence tying this defendant to this crime is Howard Hackett, who is unreliable. It would be unethical for us to proceed.

McBride then concludes by asking for a nolle pros one second, and permission to dismiss the next. Don't know which it will be.

Chuck Mullins (counsel for Moore):

Big of the State to get up here the week before the trial and admit they didn't have a case, especially considering the high-profile nature of it.

Court to take matter of dismissal with or without prejudice under advisement for a few days and rule later this week.

Mary Washington (R.J. Washington's widow) does not wish to give a statement, per ADA McBride.

Judge Yerger: Parties will file simultaneous briefs on issue of whether dismissal should be with or without prejudice at the end of the week.

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Liveblogging the Sharrod Moore dismissal hearing, Part 4

Bench conference lasted a total of 25 minutes. Chuck Mullins appeared very animated during much of it.

Appears as though we're about to find out why.
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