The government's bungling of the Ted Stevens prosecution hasn't persuaded the judge to grant a mistrial, but the remedy he selected may help Stevens obtain an acquittal. The prosecution's missteps are recounted here and here.

Judge Sullivan delivered a severe scolding to the prosecution and said he would bar the government from using two categories of evidence central to its case. Perhaps more important, he said he would tell the jury on Thursday that he was excluding some of the prosecution’s evidence because “the government presented evidence the government knew was not true,” an instruction that is likely to undermine the credibility of the prosecution.

The jury isn't likely to overlook such a stinging rebuke. Once the judge accuses the prosecution of knowingly presenting false evidence, the jury might be so offended that it won't believe any of the legitimate evidence the government managed to gather.

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Steve Benen discusses Barack Obama's goading of John McCain to "say it to my face":

I suspect Obama is baiting McCain for a reason -- he wants McCain to lose his cool, make personal attacks, and try to change the subject away from the economy. Obama isn't afraid of this scenario, he'd welcome this scenario.

No doubt. The alternative of course is to get McCain to back off of the smear campaign. Either way, Obama wins. If McCain goes there in the third debate, no doubt Obama has a well planned reply along the lines Bill Clinton used in 1992. If the McCain campaign backs off, that's good for Obama too. A good, and dare I say it, obvious tactic.

By Big Tent Democrat, speaking for me only

Nicholas Kristoff calls attention to another substantive policy difference between Barack Obama and John McCain.

Senator Obama supports U.N.-led efforts to promote family planning; Senator McCain stands with President Bush in opposing certain crucial efforts to help women reduce unwanted pregnancies in Africa and Asia.

In other words, Obama supports making birth control easier to obtain. The ready availability of birth control reduces demand for abortions, so you'd think McCain would be on board. Instead, he's on board the right wing aversion to funding any program that makes it easier for women to make choices about their reproductive lives.

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The Help America Vote Act turns out to be the Stop Americans From Voting Act as it's being administered by some states.

[S]ix swing states seem to be in violation of federal law in two ways. Michigan and Colorado are removing voters from the rolls within 90 days of a federal election, which is not allowed except when voters die, notify the authorities that they have moved out of state, or have been declared unfit to vote. Indiana, Nevada, North Carolina and Ohio seem to be improperly using Social Security data to verify registration applications for new voters.

In addition to the six swing states, three more states appear to be violating federal law. Alabama and Georgia seem to be improperly using Social Security information to screen registration applications from new voters. And Louisiana appears to have removed thousands of voters after the federal deadline for taking such action.

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I think the biggest thing that's missing in the Democratic Party is that we have lost the idea of the common good. That's what Franklin Delano Roosevelt was going with social security, he's saying look, this is the worst that's ever been in this country but we would get together and we will find the way to help our old people in this country get back on their feet . . . President [Bush] says "we have to get rid of that, we want to put you in the ownership society." What he means is that we want to put you out on your own and that's splitting again the idea of the common good.

-Rep. Jim McDermott, May 2005

Exhibiting the the typical Beltway view of helping ordinary Americans, Fred Hiatt and the WaPo Editorial Board misstate what a HOLC-type solution could do: [More....]

We are all Swedes now:

Having tried without success to unlock frozen credit markets, the Treasury Department is considering taking ownership stakes in many United States banks to try to restore confidence in the financial system, according to government officials. Treasury officials say the just-passed $700 billion bailout bill gives them the authority to inject cash directly into banks that request it. Such a move would quickly strengthen banks’ balance sheets and, officials hope, persuade them to resume lending. In return, the law gives the Treasury the right to take ownership positions in banks, including healthy ones.

All kidding aside, this is a good approach for the Wall Street crisis (though it does not address the homeowner/mortgage crisis that underlies the economic problems). Paul Krugman writes:

Warren Zevon version here.

Here are First Dude Todd Palin's sworn interrogatories (pdf) submitted today in TrooperGate. Shorter version: Poor, poor pitiful me.

It is unfair to apply a double standard against my wife just because she is the state's first female governor."

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Joe Biden channeling Hunter at a rally in Florida:

"You know, the idea here that somehow these guys are once again injecting fear and loathing into this campaign is ... I think it's mildly dangerous," Biden said. "Here you have out there these kinds of, you know, incitements out there -- guy introducing Barack using his middle name as if it's some [epithet] or something,"

The latest Ipsos/McClatchy poll has Sen. Barack Obama 7 points ahead of John McCain. Why? The economy and Sarah Palin.

First, voters are ever more anxious about the faltering economy and trust Obama by a 15-point margin over McCain to steer it. Second, their confidence that McCain's running mate Sarah Palin is qualified to step into the presidency if necessary has fallen sharply.

...Palin's sunk since her debate last week with Joe Biden. Before the debate, voters thought her qualified to be president by a margin of 48 percent to 44 percent. After the debate, she was seen as qualified by 43 percent, while those saying she's not qualified rose to 51 percent.

The Alaska Legislature's TrooperGate report will be out Friday.

In lieu of testimony, seven employees, after Republicans lost their lawsuit to have the probe declared invalid, answered written questions under oath.

First Dude Todd Palin had until today to get his answers in.

A legislative panel has scheduled a meeting for 9 a.m. Friday to receive Branchflower's report on Monegan's firing and whether Palin or members of her administration abused their powers in pushing for the dismissal of a state trooper involved in a child-custody fight with the governor's sister.

Who didn't cooperate? Gov. Sarah Palin. [More...]

The Sheriff of Cook County (Chicago) today announced his office will no longer evict people from homes under foreclosure.

many people his office has helped throw out on the street are renters who did nothing wrong.
“We will no longer be a party to something that's so unjust,” a visibly angry Cook County Sheriff Tom Dart said at a news conference.

“We have to be sure that when we are doing this – and we are destroying some people's lives – we better be darned sure we're talking about the right people,” Dart said.

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Michelle Obama is on Larry King Live tonight. She seems very relaxed and conversational. I'm starting to picture her as our First Lady. I think she'll be a terrific role model. She has so much more to offer, and is so much more interesting, than Cindy McCain.

Did any of you see it? Here are the clips:

Not offended by 'that one'

Michelle Obama says she was not offended by John McCain's "that one" comment during the debate.

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