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David Kurtz

David Kurtz is Managing Editor and Washington Bureau Chief of Talking Points Memo where he oversees the news operations of TPM and its sister sites.

Articles by David

A breaking prior restraint case in Kansas City, where on Friday a state court judge ordered the Kansas City Star and the local alternative newsweekly, The Pitch (owned by Village Voice Media), to remove articles about the Kansas City Board of Public Utilities from their websites and barred them from publishing certain articles about the BPU in their print editions.

At issue was a confidential letter, upon which the articles were based, written to BPU officials by the board's attorney about BPU power plants. (h/t to Scatablog).

As if the prior restraint were not egregious enough, the judge didn't schedule the next hearing on the matter until next Friday.

Late update: As a couple readers have pointed out, the stories in question weren't pulled from the newspaper websites before they were cached by the search engines, a fact that may often make such prior restraint orders moot in this day and age, in addition to all of the other constitutional problems. The Pitch story is in Google's cache, and the KC Star story is cached in Google as well. Thanks to TPM Readers PK and MD for the links.

TPM Reader DJ, on Ann Coulter's remarks:

I've been wondering why no one has pointed out that among the conservatives it isn't saying the word 'faggot' that gets you chucked into rehab, but actually turning out to be one.


Good one. Why didn't I think of that.

TPM Reader JN checks in from Texas:

Can you believe it? The first time Pete Domenici attemps to exert improper influence on a U.S. Attorney and he gets busted. That's some bad luck. And Heather Wilson too. What are the chances? Dang....


They just do sarcasm better in Texas than in most places (see, e.g., Molly Ivins, God rest her soul).

TPM Reader NC of Australia, responding to the post below on David Hicks:

As an aside on this issue, Australians have generally fallen in love with Major Michael Mori. Every time we see him he is in his uniform, even at official functions. He seems to be the only American who gives a damn about what America has done to David Hicks.

When all this is over and done with, Major Mori can immigrate to Australia and become an Australian citizen. If he chooses to run for Prime Minister, people will welcome it.


At least one American comes out of this looking better.

I must admit that the case of David Hicks, the Australian held at Guantanamo, has been off my radar lately, and it shouldn't be. It's a national embarrassment. Here's the latest.

Hicks this week became the first person charged under the new military tribunals set up by Congress just before the mid-term elections in response to the Supreme Court's Hamdan decision striking down the old tribunal system.

After being held for five years without a trial and being originally charged with conspiracy to commit murder and engage in acts of terrorism, attempted murder and aiding the enemy, Hick was charged with a single count of providing material support for terrorism, which, his lawyers argue, wasn't outlawed until 2006.

Australians are outraged. Understandably so.

Now comes word that Hicks' trial may be delayed because his American military lawyer, Maj. Michael Mori, is being threatened with prosecution under the UCMJ by the chief American prosecutor, Col. Morris Davis:

Colonel Davis has accused Major Mori of breaching Article 88 of the US military code, which relates to using contemptuous language towards the president, vice-president, and secretary of defence. Penalties for breaching the code include jail and the loss of employment and entitlements.

Major Mori denied he had done anything improper but said the accusations left him with an inherent conflict of interest.

"It can't help but raise an issue of whether any further representation of David and his wellbeing could be tainted by a concern for my own legal wellbeing," Major Mori told the Herald. "David Hicks needs counsel who is not tainted by these allegations."

Major Mori, who has been to Australia seven times, will seek legal advice. The issue will also have to be raised with Hicks when his legal team next sees him.


Morris has criticized Mori's frequent trips to Australia; and, as The Times reported yesterday, American embassy officials tried and failed to have the Pentagon bar Mori from coming to Australia.

Why would anyone doubt that Hicks will get a fair trial?

Oh, this is good.

One of the fascinating dynamics in the Justice Department for going on 4 years now has been the tension between the Bush loyalists and those loyal Republicans who still have a shred of decency left. The poster child for the latter category has been James Comey, the deputy attorney general for part of John Ashcroft's tenure, who appointed his old friend Patrick Fitzgerald as special prosecutor to investigate the Plame affair. Comey was also the guy who refused to reauthorize the NSA warrantless wiretapping program, forcing the White House to get Ashcroft to sign off on it from his hospital bed. Bush, as is his way, nicknamed Comey "Cuomo."

Comey is two years removed from DOJ, now serving as general counsel for Lockheed Martin. But, as Josh noted, Comey popped up this week singing the praises of canned U.S. Attorney David Iglesias to the Washington Post: "David Iglesias was one of our finest and someone I had a lot of confidence in as deputy attorney general."

You could almost hear the knives being sharpened.

Then yesterday, as Paul noted, the Bush loyalists fired back, telling the Post that Comey had been consulted by his successor as deputy attorney general, Paul McNulty, about some of the canned prosecutors before McNulty approved the final list.

Ooops. Not so, the Post says today:

In a related matter, administration officials said they were mistaken in saying that Deputy Attorney General Paul J. McNulty consulted his predecessor, James B. Comey, about some of the U.S. attorneys before they were fired. Comey was not consulted, the officials said Saturday.


In a different era, this would call for pistols at dawn. Good stuff.

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