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Wednesday :: April 08, 2009

Lawsuit Filed Over Indigent Defense in Georgia

The public defender crisis in Georgia has prompted new litigation.

A lawsuit filed Tuesday ... in Elbert County Superior Court, says hundreds of defendants unable to afford their own lawyers are not being provided representation as required under law. If lawyers for the defendants are not provided, their cases should be dismissed, the suit says.

Funny how "law and order" legislators are willing to enact new criminal offenses and harsh penalties, but are unwilling to fund indigent defense. How will the "law and order" lawmakers explain the potential dismissal of hundreds of criminal prosecutions caused by their irresponsible budgeting? [more ...]

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ICE Officer Learns What It's Like to Be Bullied By ICE Officers

James Slaughter is a customs officer who (in his own words) "bleeds red, white and blue." He's offended that five of his fellow ICE officers (again in his own words) "bullied their way into my house" to search for an illegal immigrant they believed he was harboring. It turned out that the immigrant was staying at a residence on East 26th Place, while Slaughter lives on East 26th Street. Oops.

Slaughter's complaint that his Fourth Amendment rights were violated (a complaint he lodged in a pending civil rights suit) seems to be based on his feeling that, as a true patriot, he was gravely wronged by ICE's error. In Slaughter's words: "I serve my country, and then they do this to me?"

Actually, Mr. Slaughter, you got off easy. When you said you were a Customs officer, your fellow ICE employees retreated. If you were a foreign resident with a green card, or Hispanic, or just about anyone else, the officers would likely have ignored your protests and continued their search until they eventually discovered their error. [more ...]

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And Now For Something Completely Different . .

. . . President Obama's TV viewing habits:

President Barack Obama can’t stand to be without his “Entourage.” . . . For less R-rated fare, he tunes into “Hannah Montana” or “SpongeBob SquarePants” in the White House with his daughters. Aides said he would have watched Monday night’s NCAA championship on TiVo on his way home from Iraq Tuesday night.

MORE . . .

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TPM Cafe: STFU You Obama Hating Fifth Column!

Jonathan Taplin today:

The fifth column of progressive blogs is libertarians pretending they are liberals. . . . Barack is a man of good will who is as smart a President as we have had the privilege to be served by in the last half century.

(Emphasis supplied.) Andrew Sullivan in 2001:

The middle part of the country—the great red zone that voted for Bush—is clearly ready for war. The decadent Left in its enclaves on the coasts is not dead—and may well mount what amounts to a fifth column.

(Emphasis supplied.) In 8 years, some of us have now been called "traitor" by adulators of a Republican President and now a Democratic President. Jersey colored issue "analysis" from both spectrums.

Speaking for me only

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TARP To Be Extended To Life Insurance Companies

Via John Cole, it turns out life insurance companies are also a lynchpin to the financial system:

The Treasury Department has decided to extend bailout funds to a number of struggling life-insurance companies, helping an industry that is a linchpin of the U.S. financial system, people familiar with the matter said.

Remember the saving the "non-banks" issue? It is front and center here:

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Powerline Perspective On MN-Sen: Franken Won

I have had many a nasty thing or two to say about Powerline in my blogging life, but credit where due to Scott Johnson for a pretty fair appraisal of the Minnesota Senate recount. In an election this close, it really is basically a tie. But you count the votes as best you can. The Franken team was simply better. Johnson writes:

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Not Cutting The Defense Budget Is Good Stimulus Policy

d-day complains that:

Allow me to interrupt the great love-fest between liberal foreign policy bloggers and Bob Gates by stating the obvious - isn't the fact that the Pentagon budget is increasing, um, THE PROBLEM? And considering that the media-Congressional complex will characterize any effort to put an end to outdated Cold War-era weapons systems as a "defense cut", in the most irresponsible way possible, why aren't we limiting expenditures on a military budget that costs far more than any country's on Earth, depriving us of the flexibility to pursue meaningful social investment?

I have no opinion on the national security implications of the Gates Defense budget but I do have an opinion on calls to cut the Defense budget now - it is wrongheaded. In case anyone has not noticed, aggregate demand is nosediving. Jobs are hemorraging. At least for the next few years, no part of the government budget that stimulates the economy should be cut (though changing expenditures can make a lot of sense, especially changes to more stimulative spending.) Heck, I think I can make a good case for bailing out Detroit for a couple of years as an effective stimulus measure. Once we have gotten through this Depression we are in, then we will need to undertake significant cuts in the discretionary budget (as well as significant tax increases, particularly on the wealthy.) But not now.

Speaking for me only.

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Tuesday :: April 07, 2009

Tuesday Night Open Thread

I'm still drowning in wiretaps -- motions are due tomorrow. There are 20 plus defendants, 33 phones tapped, innumerable pen registers, trash searches, residence searches, computer searches, controlled buys and snitches -- and companion cases in two California districts. The TL kid's firm is also in the case so he's awash in them as well. But, he had time to win a trial today. He and another lawyer in his firm tried a double refusal DUI and the jury convicted only of careless driving, sparing their hero of a mandatory jail term due to priors. The TL kid did voir dire, opening and the direct examination of their hero. His associate cross-examined the cop and did the closing. The jury was out two hours. So, while even I don't have sympathy for their hero, congrats to the TL kid.

I'm going to take an hour off to watch American Idol and then get back to motions.

What are you watching or thinking about tonight?

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Yves Smith on Credit Risk Study

Yves Smith writes approvingly of the study on credit risk during the financial crisis that I linked to yesterday and makes a couple of points that are probably familiar to everyone following the financial crisis but are worth repeating--repeatedly--because Geithner and co. and their supporters seem to be getting everything so wrong.

1) Prior to the financial crisis, there was a "gross underpricing of risk"; 2) The plummeting value of assets represents a "return to rationality," so what we're seeing is NOT, as Geithner and co. argue, an irrational flee from risk or a fire sale.

In sum, as I wrote yesterday: toxic assets, toxic after all.

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MN-Sen: Cornyn's Tipoff

I think Sen. John Cornyn's (R-TX) statement on the Minnesota Senate election contest let's you know where the end of the line comes for Coleman:

Events today do not address the main issue that remains unresolved: over 4,000 Minnesotans were disenfranchised by this three-judge panel. That's why it's so critical for this process to move forward before the Minnesota Supreme Court and why Senate Republicans fully support Senator Coleman's efforts. "The message from our side has remained consistent throughout this process: we want this election to resolve itself as quickly, but not at the expense of Minnesota's laws or voters. . . . Senate Democrats should stand down, set partisan politics aside, and respect Minnesota's laws and voters."

(Emphasis supplied.) No "equal protection" talk. Only a passing reference to "enfranchising the voters." The Minnesota Supreme Court is the end of the line for Coleman.

Speaking for me only

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A Close Eye

The excellent digby links to a Glenn Beck idiocy and asks:

If you haven't seen this yet, take a look. And then tell me this guy isn't somebody we should keep a close eye on.

Well, Digby and everyone can keep a close eye on whomever they want but, Beck is not even a trivial character with regard to what the policy of our government will be. Hell, Beck is not even Dobbs influential, much less Limbaugh. And to be clear, I think neither of those "comedians" matters either.

I'll concentrate on what's happening in Washington - the problems are too big to think about anything else right now imo.

Speaking for me only

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Judge: DOJ Improperly Withheld Evidence of Witness' Mental Illness

More prosecutorial misconduct, this time by prosecutors in the case of Guantanamo detainee, Dr. Ayman Saeed Abdullah Batarfi, who brought a habeas petition in federal court. (Background here from our post last week noting that the Government decided to release the Yemeni physician although it's still looking for a country to accept him.)

The Judge issuing the ruling: Emmett Sullivan, the same judge who today threw out Ted Stevens' conviction.

The Justice Department improperly withheld important psychiatric records of a government witness who was used in a "significant" number of Guantanamo cases, a federal judge has concluded.

The government censored parts of the records, but enough has been made public that it's clear that the witness, a fellow detainee, was being treated weekly for a serious psychological problem and was questioned about whether he had any suicidal thoughts. The witness provided information in the government's case for detaining Aymen Saeed Batarfi, a Yemeni doctor who the government announced last week it would no longer seek to detain.

[More...]

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