Busy day. Here's an open thread, all topics welcome.

Our last open thred (Friday) is all filled up.

I'm off to a college graduation this morning (which unbelievably is going to last four hours until 1 pm, and then with lunch, till 3pm.) Then I get to rush home to meet Comcast who will try and tell me why my DVR machine blacks out every night and loses the saved recordings. Since it's probably a box problem, I guess that means I'll be getting a shiny new DVR. Hard to believe the one I have is already 5 years old. Hard to complain though. How many electronics that you run hours a day for five years can last much longer than that?

On Friday, the Government delivered discovery in my latest case with 18 defendants: 16 wiretapped phones and more than 5,000 pertinent calls, all in Spanish. That's my night-time project, to start digging in. I'll be curious to see what language they're using in 2013 for getting prospective cell cite locator information -- whether they are sticking to their argument that they don't need to show probable cause, just a relevance showing under the Stored Communications Act, or whether they've modified it to include probable cause based on the numerous recent court decisions distinguishing between historical and real-time data. In a recent case, I asked the FBI agent if they had the real time locator information showing on a monitor in the control room where they listen to the wiretap calls, and he said yes.

Here's an order denying prospective or real-time cell site locator data by a Magistrate judge named Owsley in Texas. [More...]

Jacksonville, Florida , and 11 other counties in northeast Florida are the latestto introduce a program encouraging people to report people they see engaging in behavior they deem suspicious and possibly terrorism-related.

The program is called "IWatch."

The site provides examples of red flags to watch for, such as people with an unusual interest in building plans or who are purchasing materials useful in bomb making. Important places to watch include hobby stores and dive shops.

[More...]

Yesterday, the Judge in the Boston bombing case of defendant Dzokhar Tsarnaev issued an order denying a motion filed under seal in which the defense asked to take periodic photographs of Dzhokhar (Jahar) at Devens Medical Facility to be able to document his evolving physical and emotional state. The court declined to interfere with BOP policy which disallows visitors to have cameras on security grounds. It ruled that the staff at the prison can take the photos which will be shared with both parties (not just the defense.) Here is the Court's order, referencing the motion which was filed under seal as Docket Number 29. The order also refers to a response the Government filed under seal.

Looking at the docket, it appears that there have been many motions filed under seal, because so many numbers are missing. Instead of listing the docket number with a descriptive notation like "Motion to Suppress, Sealed, by Defendant", there's a big nothing. See below: [More..]

O.J. Simpson's former attorney, Yale Galanter, threw O.J. under the bus today, testifying O.J. told him he knew others were bringing guns to the hotel room where O.J. planned to retrieve his possessions. He even said O.J. told him he asked the others to bring the guns (called "heat.")

He also testified he told O.J. not to engage in the plan.

"He told me he finally had a lead on some personal pictures and memorabilia that was stolen from him years earlier," Galanter testified. "I said, 'O.J., you've got to call the police.'"

Things aren't looking good for O.J., even though other lawyers involved in the case have supported O.J.'s claim of ineffective assistance of counsel: [More...]

Fazliddin Kurbanov, a 30 year old Uzbek truck driver legally residing in the U.S. has pleaded not guilty to terror charges in Boise, Idaho. He's accused of providing material support to the Islamic Movement of Uzbekistan, a designated terrorist organization. He also faces charges in Utah.

The U.S. Attorney says his case is not related to the Boston Marathon bombing.

Wendy Olson, the U.S. attorney in Idaho, said Kurbanov is the only person charged, and any potential threat was contained by his arrest. "He was closely monitored during the course of the investigation," she said. "The investigation has been under way for some time."

I wonder if this case is connected to the ongoing case in Colorado against Jamshid Muhtorov (an Uzbek political refugee and truck driver, living in Colorado) and Bakhtiyor Jumaev, (added later, from Philadelphia, who has an asylum application pending.) While Kurbanov's alleged illegal activity occurs a year after that of Muhtorov and Jumaev, and both have been detained pending trial making it unlikely there's a current connection between them, there was extensive electronic and FISA surveillance used in that case and thorough searches of Jumaev's computers. Muhtorov and Jumaev are charged with providing material support to the Islamic Jihad Union. [More...]

I'm offline today, here's an open thread, all topics welcome.

The media uproar over the subpoena of AP telephone records continues. The reason for seizing the records that is being put forth is that it was part of an investigation into intelligence leaks about a new explosive device being made by AQAP in Yemen that would evade detection by U.S. airline security and allow an Undie Bomber II to succeed.

It seems to be a bit more than that. After reading close to 300 news articles on Lexis (and skimming another 600) from May, 2012, here is more of the story from multiple news sources, here and abroad. (This is a summary from various news sources, and I am not suggesting it is accurate, only that this is what was reported at the time. I’ve listed several of the news articles at the end)[More...]

The federal courts are in a state of financial crisis due to sequester. Here is the letter the Federal Judicial Conference sent to the White House yesterday seeking emergency funding.

"The judiciary is confronting an unprecedented financial crisis that could seriously compromise the Constitutional mission of the United States courts," the letter states. "We believe our supplemental request meets the threshold for receiving an emergency designation."

Interesting inclusion on the cost of defending Dzokhar Tsarnaev and other threat cases in New York: [More....]

Despite it being a boring season, I thought Candace Glover knocked it out of the park tonight with "I (Who Have Nothing)."

On a related note, Shakira and Usher are probably leaving the Voice. Christina Aguillera is returning, and probably Cee Lo Green too. I like the show better with Shakira and Usher.

President Obama tonight announced that Acting IRS Director Steven Miller has resigned, at the request of Treasury Secretary Jack Lew.

A transcript of Obama's remarks at his press conference tonight is here.

Attorney General Eric Holder is testifying before the House Judiciary Committee. You can watch live here.

O.J. Simpson is on the witness stand in Las Vegas. You can watch live here. He's very composed.

Right now he is going through the events at the hotel room. He sounds very credible to me.

Attorney General Eric Holder says he recused himself from the investigation into the leak of Undiebomber Wannabe II that resulted in the Justice Department subpoenas of telephone toll records of Associated Press Reporters. Apparently, the subpoenas were authorized by Deputy AG James Cole.

Deputy AG James Cole wrote this letter today to the Associated Press. He says each of the phone numbers for which records were sought were associated with AP personnel involved in the reporting of classified information. The investigation is ongoing.

The Associated Press has issued this statement in response.

Philadelphia abortion doctor Kermit Gosnell agreed today to two life sentences and waive his appeal rights in exchange for the state taking the death penalty off the table.

Gosnell was convicted of first degree murder on Monday in the deaths of three babies who were born live and then killed by severing their spinal chords with scissors. As part of the deal, Gosnell, 72, will serve two life sentences without the possibility of parole or the opportunity to appeal.

Sentencing is set for tomorrow. [More...]