Wednesday, December 31, 2003

Ashcroft Recuses Self From Leak Case

Washington Post

Ashcroft used an "appearance of conflict of interest" standard, similar to the "appearance of bias" standard for judicial recusal. These standards are overinclusive, but more objective than an "actual bias" standard, which relies on the representations of the person to be recused. The idea is that it's better to be overinclusive than under, I suppose. I hope the standards aren't based on the idea that the public's perception counts more than reality. From such poisonous fruit evils like the BCRA are formed.

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