New York Congressman Vito Fossella was sentenced to five days in jail today for a D.U.I, conviction.

Fossella was arrested after running a red light on May 1 in a Virginia suburb of Washington, and convicted of drunken driving in October. Under Virginia law, a driver who registers a blood alcohol content of 0.15 or higher must serve five days behind bars. Police say Fossella's blood alcohol content was 0.17.

Fossella's lawyers tried to convince the judge that the breath-test machine used on Fossella was faulty, but the judge didn't buy it.

Fossella's lawyers have already filed a notice of appeal. If successful, they will seek a jury trial next time around.

28 years ago tonight, in the middle of Monday Night Football, Howard Cosell announced there had been an "unspeakable tragedy in New York City." John Lennon had been shot. (Video here.)

This is my sixth annual blog post about that night, and how for me, it's a day of both sadness and celebration. [More...]

I've been out of commission all day. Anything exciting happen?

This is an Open Thread.

So you think the new President will end our involvement in foreign wars? I never did, I just thought he'd trade one war for another, Iraq for Afghanistan.

It seems like this will be the case. The AP reports our Marines will be moving from Iraq to Afghanistan:

The top U.S. Marine general says there is a growing consensus among defense leaders to send a substantial contingent of Marines to Afghanistan, probably beginning next spring, while dramatically reducing their deployments to western Iraq.

Get ready for the narco-terror war. When they don't capture terrorists in Afghanistan, they'll bust the drug wholesalers and transporters and say they got terrorists.

No change here, other than one of geography. Whatever happened to "Bring the Troops Home?" Guess that went out of fashion after Vietnam.

The FBI is publishing the top ten stories of the week. Here's the list for the week ending Dec. 5.

Of the ten stories, five pertain to crimes by allegedly crooked cops and politicians; two to white collar bigshots; one to a little white collar guy; and one to a crime by a former government employee.

There's no murders, no big drug dealers or gun offenders other than cops, no child p*rn, cybercrimes or terrorism (other than a reference to the resentencing of a terror suspect for a crime committed years ago.)

There's a message here, I'm just not sure what it is. [More...]

Update: DOJ announcement here. A sixth defendant, Jeremy Ridgeway pleaded guilty to these charges (pdf) brought by Information rather than Indictment. The factual basis for his plea is here (pdf).

Five Blackwater guards charged in federal court in Washington with manslaughter and use of a machine gun a crime of violence -- the killing of Iraqis -- surrendered today in Utah.

Seventeen Iraqis were killed in the September 2007 shooting. Witnesses said the heavily armed U.S. contractors opened fire unprovoked, killing innocent motorists and children at a crowded intersection. Blackwater, the largest security contractor in Iraq, says its guards were ambushed by insurgents while responding to a car bombing.

Why Utah? For one thing, Paul Cassell, who lives in Utah is on the defense team. [More...]

Update: AP article here. They made their decision based on Obama's election to the Presidency. My translation: They don't want to be moved to federal court where they would be more likely to get life in a Supermax prison than the death penalty, and if they got the death penalty, face years in prison before it was carried out.

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Khalid Sheikh Mohammed and four other detainees facing the death penalty in military commission trials decided today to plead guilty. Human Rights Watch responds:

"What should have been a major victory in holding the 9/11 defendants accountable for terrible crimes has been tainted by torture and an unfair military commissions process," said Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch. "These five men are known to have been mistreated and tortured during their years in CIA custody, including the acknowledged waterboarding of Khalid Sheikh Mohammed."

More....

To protesters who assembled outside the capitol in Washington state, freedom of religion apparently does not include freedom to hold beliefs that differ from the protesters' Christian viewpoint. They are "outraged" that a display promoting atheism stands next to a nativity scene in the state capitol.

The Establishment Clause prohibits the state from endorsing any particular religious viewpoint. Making the capitol available to competing ideas promotes the free exercise of religion without violating the Establishment Clause. Why do the protesters hate the concept of religious freedom?

The most interesting protest sign features a picture of Bill O’Reilly punching Gov. Christine Gregoire. Why O'Reilly, you ask? [more ...]

U.S. News and World Reports writes that President-Elect Barack Obama may keep Michael Hayden as head of the CIA.

I don't see Obama keeping Hayden. I hope the US News Report is just a rumor being floated for reaction.

Keeping Hayden would be unfortunate. It would represent the wrong kind of change for Obama who voted against Hayden's confirmation. Here's Obama's 2006 speech on why he opposed Hayden for CIA director. [More...]

The NYTimes Editorial Board writes today:

Mr. Arar’s ordeal began in 2002, when he was seized by federal agents as he tried to change planes on his way home to Canada from a family vacation. After being held incommunicado in solitary confinement and subjected to harsh interrogation without proper access to a lawyer, he was “rendered” to Syria, where he was tortured. He was locked up for almost a year in a dank underground cell the size of a grave before he was finally let go.

Writing about the the "in the tank for John Brennan" reporting in the Media, Glenn Greenwald writes:

Radley Balko at Reason has a story you won't want to miss.

KopBusters rented a house in Odessa, Texas and began growing two small Christmas trees under a grow light similar to those used for growing marijuana. When faced with a suspected marijuana grow, the police usually use illegal FLIR cameras and/or lie on the search warrant affidavit claiming they have probable cause to raid the house. Instead of conducting a proper investigation which usually leads to no probable cause, the Kops lie on the affidavit claiming a confidential informant saw the plants and/or the police could smell marijuana coming from the suspected house.

[More...]

It's official - Florida v. Oklahoma for the college football national championship. I am happy for the Gators but I still hate the system. There is no reason - none - that there is not a college football playoff.

Do I think Florida and Oklahoma are the best two teams? Yes, I do. But who cares what I think or you think or the polls think or the computers think? (BTW, when people tell you 5 of 6 polls preferred Texas over Florida - they are not telling you the truth - the imposed BCS computer system - that ignores margin of victory - had Texas ahead - but the true computer systems have Florida as the best team - see Jeff Sagarin on this.)

A playoff is the only way to really crown a champion. 8 teams - Florida, Oklahoma, Texas, USC, Penn State, Virginia Tech, Cincinnati and Utah. They are playing in the 4 big bowls (Alabama and Ohio State are the other 2 teams in the BCS.) All we need is 3 more games - 2 semis - then a TRUE championship game.

In any event, Go Gators!! Speaking for me only