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Monday :: January 26, 2009

Colo. House Passes "Slowpoke" Driver Bill

Slow drivers, watch out. The Colorado House today passed the "slowpoke driver" bill.

House Bill 1042 would require drivers who are traveling below the speed limit with five or more cars backed up behind them to pull over at the first safe opportunity. They also can travel in the right-hand lane on two lane roads.

This just gives the cops another reason to stop motorists. And what if it's snowing or icy out? I always drive at a snail's pace when it's snowing or icy.

One criticism I think is far-fetched:

Lawmakers worried aloud Wednesday about leaving tanker trucks on the side of the road vulnerable to terrorist plots.

Like we've had so many of those here. It's far more likely wildlife will be killed crossing the highway. Friday, 16 elk were killed crossing I-70 as a result of a traffic accident.

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New Federal Drug Laws, New Sentencing Guidelines

For those who hoped for a stop to the escalation of the war on drugs, this isn't your year. During 2008, Congress snuck a few new laws in, and today the Sentencing Commission released its proposed guideline amendments for 2009 (pdf), adding the new offenses and increased penalties. They will appear in tomorrow's federal register and there are 60 days to provide comments.

What's new?

  • Ryan Haight Online Pharmacy Consumer Protection Act of 2008. (starts at page 25)
  • Drug Trafficking Vessel Interdiction Act of 2008 (starts at page 30)

The first prohibits controlled substance sales and advertising over the internet. The second prohibits drug sales on submarines (ok submersible vessels, and the difference is explained here.)

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Bob Simon's Heroic Act of Journalism

If you have not seen Sixty Minutes correspondent Bob Simon's piece "Time Running out for a Two-State Solution" stop everything you are doing and watch it now.

It is that good. And it is that heroic. In the piece, Simon boldly lays out the truth about what Israel's encroachment on Palestinian land -- and what the lack of a peace deal -- means for the future of the country:

"Without a separate Palestinian state the Israelis would have three options, none of them good. They could try ethnic cleansing, drive the Palestinians out of the West Bank, or they could give the Palestinians the vote. That would be the democratic option but it would mean the end of the Jewish state. Or they could try apartheid - have the minority Israelis rule the majority Palestinians, but apartheid regimes don't have a very long life."
[More...]

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5th Circuit Grants Reprieve in Texecution of Possible Innocent


Bump and Update: The 5th Circuit Court of Appeals has granted a reprieve to Larry Swearingen, set for Texecution Tuesday. More here. [Note: I initially wrote it was a 30 day reprieve. It's for an unlimited time.]

Original Post Jan. 24

Texecution set for Tuesday: Four Pathologists Say He's Innocent

Larry Swearingen is scheduled to be executed in Texas on Tuesday for a murder that four pathologists say he could not have committed. He was in jail at the time of the murder for which he was convicted:

[More...]

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Supreme Court Restricts More Rights

The Supreme Court issued opinions and orders today. Among them:

  • Ruled that a man wrongly convicted and sent to prison for 24 years cannot sue the former Los Angeles district attorney and his chief deputy for violating his civil rights. The court said unanimously that decisions of supervising prosecutors, like the actions of prosecutors at trial, are shielded from civil lawsuits.
  • Ruled that police officers have leeway to frisk a passenger in a car stopped for a traffic violation even if nothing indicates the passenger has committed a crime or is about to do so.

Among the cases it agreed to hear: [More...]

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Three Agencies Failed to Appoint Required Civil Liberties Overseers

In 2004, in response to recommendations by the 911 Commission, the Privacy and Civil Liberties Oversight Board was created by Congress as part of the The Intelligence Reform and Terrorism Prevention Act of 2004. It was part of the White House and went nowhere. In 2007, Congress passed a new law establishing an independent board. There are currently no members and there have been no meetings. Bush did little with it after the terms expired in Jan. 2008. (He did nominate at least one person).

But, as part of the law, 8 departments were ordered to appoint a civil liberties director. Among the agencies that have failed to comply: The Departments of Defense, State, and Health and Human Services.

All three departments have failed to comply with a 2007 law directing them to appoint civil liberties protection officers and report regularly to Congress on the safeguards they use to make sure their programs don't undermine the public's rights and privacy, a USA TODAY review of congressional filings shows.

Ramifications?

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NY-Sen: A Primary Opportunity

Long Island House member Carolyn McCarthy is gearing up for a primary challenge to newly appointed NY Senator Kirsten Gillibrand:

Rep. Carolyn McCarthy (D-Mineola), who is leading the Democratic opposition to Gillibrand, will today begin building the structure of a 2010 primary challenge, a McCarthy aide said.

This is good news for progressives. But not because McCarthy is progressive. She really is not. But it is still good news for progressives. I'll explain why on the flip.

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CIA's Rearguard Action In Favor Of Torture Working?

Jane Mayer writes:

Across the Potomac River, at the C.I.A.’s headquarters in Langley, Virginia, however, there was considerably less jubilation [about Obama's executive orders.] Top C.I.A. officials have argued for years that so-called “enhanced” interrogation techniques have yielded life-saving intelligence breakthroughs. “They disagree in some respect,” admitted Craig. Among the hard questions Obama left open, in fact, is whether the C.I.A. will have to follow the same interrogation rules as the military. While the President has clearly put an end to cruel tactics, Craig said that Obama “is somewhat sympathetic to the spies’ argument that their mission and circumstances are different.”

(Emphasis supplied.) Actually, as written, the Obama executive orders bind the CIA to follow the Army Field Manual. In what way is the question open? Are Craig and Obama planning to backtrack on this point? A competent Media would be asking that question this morning.

Speaking for me only

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Kristol's Last Column

Via Attaturk, happy trails to Bill Kristol:

This is William Kristol’s last column.

After failed stints at Time and the NYTimes, it is now time for Kristol to make room for some new GOP hacks.

Let's make this an Open Thread.

Speaking for me only.

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Sunday :: January 25, 2009

SAG Awards Tonight

The Screen Actors Guilds Awards are about to start. The red carpet action is at E. What makes these awards different? It's all about the performers, and it's movies and TV.

Between the Golden Globes and the Inauguration, I'm pretty "gowned out" so I won't be detailing the dresses. Here are the nominees in the biggest movie categories:

  • Outstanding Performance by a Male Actor in a Leading Role
    RICHARD JENKINS / Walter Vale - "THE VISITOR"
    FRANK LANGELLA / Richard Nixon - "FROST/NIXON"
    SEAN PENN / Harvey Milk - "MILK"
    BRAD PITT / Benjamin Button - "THE CURIOUS )
    MICKEY ROURKE / Randy - "THE WRESTLER"

[More...]

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Drug Lawyer Turns Informant, Stings Clients

This is an amazing story. Frank Pignatelli was a criminal defense attorney representing drug defendants in Akron Ohio. He got busted for helping his clients buy stash houses and faced a criminal indictment.

According to court records, Pignatelli was facing his own indictment as a co-conspirator when he agreed to work undercover for federal drug investigators more than three years ago.

With Pignatelli's help, federal agents have arrested 30 people from Akron and Cleveland, and seized hundreds of pounds of marijuana and cocaine, along with cash and property totaling more than $3 million.

He turned informant, and made 30 cases for the Government, including some against his clients. The latest defendant, a former client of his, got 15 years in prison.

Pignatelli got his own case dismissed in exchange for his cooperation. He's still got a law license. He moved his practice to, of all places, Denver (I've never heard of him before today.) In fact, he's representing defendants in federal court, including those charged in drug cases. [More...]

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Sunday Open Thread

It's frosty here but not snowy, yet. A good day to catch up on things for the coming week.

Whatever you are doing or thinking about today, here's a place to discuss it.

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