The ACLU and Brave New Founation launched their Close Guantanamo campaign today. They also took out this full page ad in today's New York Times, calling on Barack Obama to close Gitmo. The website for Close Gitmo is here. A page of resources is here.

As President, I will close Guantánamo, reject the Military Commissions Act, and adhere to the Geneva Conventions” – Barack Obama, 8/1/07

It is hardly worth mentioning President Bush any longer (when you awaken from a nightmare, do you really want to frighten yourself again by recalling its details?), but it is worth noting that our ambitious outgoing president just set another record. In the view of CNN, Bush is officially "the most unpopular president since approval ratings were first sought more than six decades ago."

Seventy-six percent of those questioned in a CNN/Opinion Research Corporation survey released Monday disapprove of how President Bush is handling his job. That's an all-time high in CNN polling and in Gallup polling dating back to World War II.

"No other president's disapproval rating has gone higher than 70 percent. Bush has managed to do that three times so far this year," says CNN polling director Keating Holland. "That means that Bush is now more unpopular than Richard Nixon was when he resigned from office during Watergate with a 66 percent disapproval rating."

Good work, Mr. President. Would someone remember to give him a nice commemorative plaque on his way out the door?

Detractors of Howard Dean's work as chair of the Democratic National Committee (all he did, after all, was to deliver strong Democratic victories in two successive elections, ultimately helping the Obama campaign flip red states blue and turn much of the formerly red west a nice shade of purple) won't have Dean to kick around any more.

Former Vermont Gov. Howard Dean, who rose to national prominence during a failed bid for the Democratic presidential nomination in 2004, will not seek a second term as chairman of the Democratic National Committee, clearing the way for a loyalist of President-elect Barack Obama to be named to the soon-to-be vacant post. ...

Dean's future remains cloudy although he has been mentioned as a possible choice to head the Department of Health and Human Services in an Obama Administration. Former Sen. Tom Daschle (D-S.D.) is also being mentioned for that job.

Chris Cillizza handicaps Dean's possible successors.

Racial profiling on the part of many police departments seems obvious to those who are profiled, as well as to many of us who interact regularly with the victims of profiling. An officer's true motivation is easy to conceal since officers are more likely to say "I pulled him over because his tire touched the fog line" than "I pulled him over because he's black and his tire touched the fog line." Statistical evidence of profiling seems compelling to some, less so to others.

In Palo Alto, however, there's no ambiguity at all, thanks to a police chief who made departmental policy abundantly clear:

Police Chief Lynne Johnson [during on October 30 interview on KGO-TV] ... said she instructed her officers "to make contact with African-Americans in Palo Alto," adding: "When our officers are out there and they see an African-American, in a congenial way, we want them to find out who they are."

[more ...]

Huffington Post reports that Barack Obama has added Mike Lux, a blogger at Open Left and advisor to the Clinton transition team (among other accomplishments) to his transition team.

Veteran Democratic official Mike Lux has been tapped by Barack Obama to serve as an adviser and progressive liaison during the transition period, the Huffington Post has learned.

Lux, who worked on the Clinton administration transition efforts in 1992, confirmed the hiring but, citing a need for clearance, declined to offer further information.

More Lux credentials below:

Here's a breath of fresh air:

President-elect Obama's advisers are quietly crafting a proposal to ship dozens, if not hundreds, of imprisoned terrorism suspects to the United States to face criminal trials, a plan that would make good on his promise to close the Guantanamo Bay prison but could require creation of a controversial new system of justice.

Under plans being put together in Obama's camp, some detainees would be released and many others would be prosecuted in U.S. criminal courts.

Here's an interesting twist:

A third group of detainees — the ones whose cases are most entangled in highly classified information — might have to go before a new court designed especially to handle sensitive national security cases, according to advisers and Democrats involved in the talks.

I hope the "new court" has more protections than those set up by the Military Commissions Act.

Very little is more prejudicial in the penalty phase of a death case than a video of the victim's life set to music. Juries are instructed to base their decisions on reason rather than emotion, and then view a video, on a larger than life screen, depicting images of the victim and events in his or her life, as prepared by their family, set to music.

Today, the Supreme Court refused to reject the practice in two cases.

The order Monday comes in two California cases in which jurors were shown video montages of the victims' lives, in one instance set to music by Enya.

Three justices disagreed with the ruling: Stephen Breyer, David Souter and John Paul Stevens. Justice Stevens' statement is here (pdf.)

"The videos added nothing relevant to the jury's deliberations and invited a verdict based on sentiment, rather than reasoned judgment," Stevens said.

You can watch one of the videos here.

Lawyers report that 5,000 D.U.I cases in Arizona could be dismissed due to a fight over the source code for the Intoxilyzer 8000, in use since Dec. 2006 and alleged to be error-prone. The Judge (as have others across the country) ordered CMI Inc. of Owensboro, Ky, the company that makes the device, to turn over the source code and it has refused, even though it has already accumulated fines of more than $1 million, just in Florida.

(The device has been approved in 6 other states. Colorado uses the Intoxilyzer 5000EN, so I doubt it will happen here.)

It's not the first time this has happened in Arizona.

A dozen years ago, about 5,000 cases were dismissed within a few months after prosecutors agreed the breath-test device in use then, the RBT IV, manufactured by Intoximeters Inc., was faulty.

The number of Tucson DUI arrests in 2007-08: 5,963, although not all involved the Intoxilyzer 8000.

E.J. Dionne gets at something here:

Fundamentally, ours is a non-ideological nation. Many who would like the government to act more boldly still need to be persuaded of government's capacity to succeed. Here again, Obama's situation closely resembles Reagan's. Like our 40th president, Obama has been authorized to move in a new direction. If Reagan had the voters' permission to move away from strategies associated with liberalism, Obama has sanction to move away from conservative policies. Reagan was judged by the results of his choices, and Obama will be, too.

I happen to believe that progressive policies will be the most efficacious for the country. Obama said in the campaign that he believed that too. But what he needs to do is push for the policies he believes will work. Because his political success depends on the success of his policies. "Center Right" and "Center Left" will mean nothing to the voters. Which is why Dionne is right when he states:

The economy continues to deteriorate:

• Fannie Mae Posts $29 Billion Loss
• Feds Increase AIG Bailout by $40 Mil, total now $150 billion
• Circuit City Files for Bankruptcy
• And the Dems are calling for an auto industry bailout.

At the start of the whole Center Right Meme, Jon Meacham wrote:

But history, as John Adams once said of facts, is a stubborn thing, and it tells us that Democratic presidents from FDR to JFK to LBJ to Carter to Clinton usually wind up moving farther right than they thought they ever would, or they pay for their continued liberalism at the polls. . . . The pattern has deep roots. FDR had a longish run (from 1933 to 1937), but he lost significant ground in the 1938 midterm elections . . .

You see Meacham says FDR's Dem Party "lost" in the 1938 election (of course, FDR did not lose, the Dems maintained huge majorities in the Congress) because of FDR's "liberal overreach." The thesis is that FDR's "court packing" scheme was "liberal overreach I suppose (though of course the 1937 Supreme Court term famously provided FDR with victories for his New Deal.) Or perhaps FDR's attempts to knock out some of the more conservative Dem members of Congress in favor of more progressive ones is what Meacham is talking about (though that does not make sense as FDR largely failed in this effort.) Paul Krugman provides a different thesis - that FDR stumbled in the 1938 election because he turned Center Right:

Via Scotus Blog, the Supreme Court will hear oral arguments in three criminal cases today:

• Chambers v. United States (06-11206), on whether failure to report to prison is a “violent felony” under the Armed Career Criminals Act.

• United States v. Hayes (07-608), on whether federal gun laws require a domestic relationship between an attacker and victim to qualify as a misdemeanor crime of “domestic violence.”

• Melendez-Diaz v. Massachusetts (07-591), on whether the Confrontation Clause gives criminal defendants a right to cross-examine forensic analysts who prepare laboratory reports for use in their prosecution.