Connecticut Commentary: Red Notes from a Blue State

Both of Connecticut’s U.S. Senators, Joe Lieberman and Dick Blumenthal, would seem to have a great deal in common with besieged U.S. Attorney General Eric Holder. Mr. Lieberman, due to retire from the Senate at the end of his term, clawed his way into the U.S. Senate from his previous position as Connecticut’s Attorney General, as did Mr. Blumenthal. Mr. Holder was cited for contempt by the two senators’ congressional colleagues in the House on Thursday, June 28. The charge brought against Mr. Holder is that the Attorney General has refused to surrender to Congress documentation the Congress has determined it must review to discover what role Mr. Holder’s Justice Department may have played in “Fast and Furious,” a disastrous scheme in which agents of the Bureau of Alcohol, Tobacco Firearms and Explosives, a department under the supervision of Mr. Holder’s Justice Department, facilitated the purchase of guns by Mexican drug dealers. One of the guns, it was later determined, was use...

“Judge Chatigny stated that he had forgotten his brief, inconsequential involvement with Ross' direct appeal and would have recused himself had he remembered it. A failure to recuse resulting from an innocent and reasonable memory lapse is not misconduct." Those lines, from a special committee report clearing Judge Robert Chatigny from charges of misconduct, ought to be dubbed “the Lisa Moody defense.” Essentially, the panel of judges that gave a pass to Chatigny are saying 1) Chatigny did indeed fail to recuse himself for having participated earlier in the Michael Ross case, 2) the failure to recuse does indeed indicate misconduct, but 3) a failure to recuse oneself need not lead to a determination of misconduct if the judge “innocently and reasonably” has a memory lapse. One recalls Moody’s doubtful memory lapse in connection with Chatigny because Moody, Governor Rell’s chief aide, had made handwritten notes on a memo she claimed not to have remembered; Chatigny hand wrote 1...