There's no dispute that chief justice nominee John Roberts met with high-level White House officials while his appellate court was considering a case of enormous importance to the Bush administration, on the president's power to try battlefield captives and foreign terror suspects before military commissions.
There is considerable dispute, among legal ethics experts as well as supporters and opponents of Roberts, about whether his contacts amounted to a conflict of interest that should have disqualified him from the case.
What I find interesting is that, in a case like this, tradition holds that a judge recuse himself. And we know this topic is going to come up again and again as we battle extremism, or whatever the Bushies are calling the crusade on terror now.
How do these folks sleep at night?