BTD is traveling. I'm still working.

What's on TV tonight? The Hollywood rounds begin on American Idol and Ellen DeGeneres debuts as a show co-host. It's Jay Leno's last prime time show, will anyone notice?

There's also Lost (which I don't watch) and The Good Wife.

In other news, Radley Balko writes of the 250th DNA exoneration and asks, how many more innocents in prison are there?

Is Iran bluffing? Sure sounds like it.

This is an open thread, all topics welcome.

The 9th Circuit Court of Appeals today upheld San Francisco's policy of strip-searching arrestees without individualized suspicion they were concealing contraband. The opinion is here.

"The record reveals a pervasive and serious problem with contraband inside San Francisco's jails, as well as numerous instances in which contraband was found during a search, indicating that arrestees' use of body cavities as a method of smuggling drugs, weapons, and items used to escape custody is an immediate and troubling problem for San Francisco jail administrators," Ikuta wrote for the majority. She said the policy was reasonably adopted by the jail for "maintaining security for inmates and employees by preventing contraband smuggling."

..."[W]e conclude that San Francisco's policy requiring strip searches of all arrestees classified for custodial housing in the general population was facially reasonable under the Fourth Amendment, notwithstanding the lack of individualized reasonable suspicion as to the individuals searched."

Hopefully the case will now get to the Supreme Court as other federal districts disagree. In fact, even the Supreme Court this year put some limits on strip searches. [More...]

Mohammed Zazi, the father of Najibullah Zazi, pleaded not guilty to a charge he conspired to obstruct the grand jury investigation into his son's alleged terror-related activities. According to the Indictment, the object of the conspiracy was to destroy or conceal items such as glasses and chemicals to impair their availability to the grand jury.

Mr. Zazi was ordered held without bond today, but the Judge said his lawyers could reopen the matter and submit a bond application and package either to the Magistrate Judge or the District Court Judge. His lawyer said she had not prepared a bond package, probably because she had just been appointed. The Judge did not detain Mr. Zazi as a danger to the community, only as a flight risk, since he hadn't presented sufficient sureties to assure his future appearance. (Order here, Minutes of hearing here.) [More...]

I'm busy at work today. Here's an open thread, all topics welcome.

Former NY Police Commissioner Bernie Kerik is scheduled to be sentenced in a few weeks on his guilty plea to various tax offenses and false statement charges. Both sides filed lengthy sentencing statements yesterday.

Both parties have agreed to a guideline sentence in the range of 27 to 33 months. The Government is clearly hoping for the max of 33 months. Bernie is asking for 27 months.

Having read through the Government's 61 page sentencing memo and Bernie's (234 pages, including many letters), I have to wonder why the Government is making such a big fuss over 6 months. By pleading guilty, he saved the Government an enormous expense of time and resources that would have been required for a trial that would have lasted many months.

The case is largely based on the same conduct to which he pleaded guilty in the Bronx, and received no jail time. [More..]

Jake the Bachelor goes on four hometown dates tonight. After that, it's "24" and "Life Unexpected."

Olympics coverage is gearing up. Check out former Bachelorette winner Jesse Csincsak's new show, Beyond the Medal.

What's on your agenda tonight? This is an open thread, all topics welcome.

Charlie Sheen and his wife Brooke Mueller appeared in court in Aspen today. Sheen was advised of his rights on a complaint (pdf) charging felony menacing and two misdemeanors, third degree assault and criminal mischief. All three counts contain a domestic violence component. The criminal mischief count pertains to Sheen's alleged breaking of two of Mueller's pairs of eyeglasses, valued together at between $500 and $1000.00.

The Judge modified the mandatory protective order so the couple can be together. Sheen is taking anger management classes, and the next court date will be the arraignment on March 15, when Sheen will have to plead guilty or not guilty. [More...]

Dr. Conrad Murray has been charged with one count of involuntary manslaughter in the death of Michael Jackson. The press release from the LA District Attorney's office reads:

Dr. Murray "did unlawfully, and without malice, kill Michael Joseph Jackson ... in the commission of an unlawful act, not a felony; and in the commission of a lawful act which might have produced death, in an unlawful manner, and without due caution and circumspection."

It's a media circus in L.A. Michael Jackson's parents, and siblings Jermaine and La Toya are at the courthouse for he brief court appearance, set for 1:30 pm. PT. Dr. Murray will voluntarily surrender and be released immediately on bond. Hopefully no perp walk. [More...]

John Murtha has passed away:

Representative John P. Murtha, the longtime Democratic congressman from Pennsylvania, has died at age 77. His aides released a statement saying that he died shortly after 1 p.m. today at Virginia Hospital Center in Arlington, a suburb of Washington, D.C. Mr. Murtha had been placed in intensive care last week after complications from gallbladder surgery, his staff said then.

Mr. Murtha, who had an extremely close relationship with Speaker Nancy Pelosi, was chairman of the House Appropriations Subcommittee on defense. [. . .] When he called for bringing the troops home from Iraq in 2005, after having voted for the war, his proposal stunned many in Congress and added a powerful voice to the growing forces demanding immediate drawdowns and or deadlines.

RIP.

James Joyner plays dumb for some reason over Sarah Palin's Hand-gate:

[T]his seems much ado about nothing. If Sarah Palin likes to write buzz words on her hand, so what?

The problem is Joyner knows why it became political fodder. Look at his comment in the same thread:

[. . .] Obama's teleprompter could fail, too, and goodness knows what he'd say.

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Ezra Klein recites the concessions to the GOP in the Senate health bill:

I don't think it's well understood how many of the GOP's central health-care policy ideas have already been included as compromises in the health-care bill. [. . .] [T]he GOP's [. . .] health-care plan [. . .] has four planks. All of them -- yes, you read that right -- are in the Senate health-care bill. [. . .] To the surprise and dismay of many liberals, the Senate health-care bill included a compromise with the conservative vision for insurance regulation. [. . .] [W]hen Republicans are feeling bolder [. . .] they generally take aim at one of the worst distortions in the health-care market: The tax break for employer-sponsored insurance. [. . .] Democrats usually reject, and attack, both approaches. Not this year, though. Senate Democrats [proposed] the excise tax, which does virtually the same thing.

And [. . .] we shouldn't forget the compromises that have been the most painful for Democrats, and the most substantive. This is a private-market plan. Not only is single-payer off the table, but at this point, so too is the public option. The thing that liberals want most in the world has been compromised away.

Indeed. And for what? No GOP votes. I wrote about this yesterday - if the Senate bill proponents want that bill passed, concessions to the House must be made, especially on the excise tax. That is the reality of politics. To refuse to support that is to be a "Kill the Bill"-er.

Speaking for me only

Glenn Greenwald writes about this NYTimes article detailing the whining from Wall Street. It is preemptive whining to be sure - the Obama Administration has not laid a glove on them. But it puts in mind the 1936 FDR Dem Convention Speech:

In 1932 the issue was the restoration of American democracy; and the American people were in a mood to win. They did win. In 1936 the issue is the preservation of their victory. Again they are in a mood to win. Again they will win.

More than four years ago in accepting the Democratic nomination in Chicago, I said: "Give me your help not to win votes alone, but to win in this crusade to restore America to its own people."

[More . . .]

E.J. Dionne:

At least two amendments are essential to getting the bill through the House. They involve reducing the burden of the tax on "Cadillac" health-care plans, which is wildly unpopular with House members and voters; and getting rid of the special Medicaid subsidy deal for Nebraska, which just about everyone hates. Even Nebraska's Ben Nelson, the senator for whom that deal was put together, wants it out.

(Emphasis supplied.) All the caterwauling about "Passing the Damn Bill" will not change that reality. You want to get the "damn bill" passed? Then the Senate must be pressured to gut the excise tax. It's a simple as that. You can't pass the Senate bill in the House unless the excise tax is gutted. Will the excise tax purists in the White House, the Senate and the Village insist on killing the bill if they do not get their way on the excise tax?

Speaking for me only

Actor Charlie Sheen will appear in court in Aspen at 2:30 pm MT. The court docket states the matter is set for a bond appearance. Multiple media reports and a press release by Pitkin County indicate charges will be filed against him, most likely felony menacing and misdemeanor assault. His wife, Brooke Mueller, has also been ordered to appear so that the Judge can address the Sheens' request to modify the mandatory protective order preventing them from having contact.

TMZ reports a plea bargain may be in the works, but it won't happen tomorrow. My thoughts on what the plea bargain would entail are here.

In Los Angeles, Dr. Conrad Murray, the Houston physician present with Michael Jackson when he died, will appear in court at 1:30 pm PT. The DA's office is expected to file a charge of involuntary manslaughter against him. [More...]

Manning throws a late pick to seal Saints win. Final score Saints 31 - Colts 17.

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