Via Instapundit, Ilya Somin at Volokh writes:

Libertarian Party presidential candidate Bob Barr is one of many people who confuse the theory of the "unitary executive" with the claim that the executive has virtually unlimited power. Barr argues that "McCain has endorsed, in action if not rhetoric, the theory of the 'unitary executive,' which leaves the president unconstrained by Congress or the courts." In reality, the unitary executive argument is a theory about the distribution of executive power, not its scope.

The problem with Somin's argument is that it has been the Bush Administration that has twisted the meaning of the phrase unitary executive to mean what Barr rightly criticizes. More . . .

The Indianapolis Metropolitan Police Department has a plan to clean up its act. The plan is designed to make police officers obey the law. You wouldn't think that would be difficult, but this is what's been happening in the absence of meaningful oversight:

Narcotics detectives ripping off drug dealers. A police officer selling a gun to a felon informant. Another officer helping his wife run an illegal escort service.

Misconduct allegations against the officers have caused the dismissal of at least 20 criminal cases that the bad officers tainted. The question is how many other charges over the years have resulted from work done by officers who feel free to ignore the law. When police officers behave lawlessly, there's reason to wonder whether they have any qualms about planting evidence or committing perjury to advance their own careers.

Here's the plan, such as it is: [more ...]

It's a jail day for me, which means an open thread for you. Have fun, and please keep it civil.

David Brooks predicts the return of big government:

We’re entering an era of epic legislation. There are at least five large problems that will compel the federal government to act in gigantic ways over the next few years.

First, there is the erosion of the social contract. Private sector firms are less likely to provide health benefits, producing a desperate need for health care reform. Second, there is the energy shortage. . . . Third, there is the stagnation in human capital. . . . Fourth, there’s financial market reform. . . . Fifth, there’s infrastructure reform. The U.S. transportation system is in shambles and will require major new projects.

In short, Brooks is saying that Republicanism has failed. And indeed it has. More . .

with apologies to the Rolling Stones.

Via Crooks and Liars: Video of Sen. Larry Craig in the Senate saying:

"We won't let [those foreigners] jerk us around by the gas nozzle."

Too funny. This is an open thread.

James Byrne, #2 at the Office of Special Counsel, has resigned, claiming in his letter of resignation that his boss, Scott Bloch, is just carrying water for his political agenda.

James Byrne, second in command at the embattled Office of Special Counsel, resigned his post effective today after leaving his boss, Scott J. Bloch, a stinging letter suggesting that Bloch's "political agendas and personal vendettas" were preventing the agency from fulfilling its mission.

The two-paragraph letter, obtained by The Times, was sent to Bloch last week at a time when the Bush appointee faces a Justice Department inquiry that includes allegations of illegally erasing information on his government computer.

Byrne led the task force investigating the politicization of the Justice Department and other Executive Branch agencies under Bush. With Bloch in control, it's even more unlikely there will be any accountability. [More...]

If you didn't make it to Netroots Nation this year, you can watch many of the events live, beginning tomorrow. The agenda is here.

You can watch all of the action (or at least all of our keynotes and panels) at netrootsnation.org, courtesy of ustream.tv.

The wonderful crew at 5 Steps Forward Media will film all Friday, Saturday and Sunday sessions happening in Exhibit Hall 4, Ballroom E, Ballroom F, Room 12, Ballroom G, and Room 12. We'll be building and promoting a fully-searchable video archive in the weeks following the convention.

One not to miss: Air America's Sam Seder interviewing former Alabama Governor Don Siegelman, who is in Austin (with permission of the Court as he is out on an appeal bond.) The live stream link is here, you have to send them your e-mail address and they'll send you back the show link with a password. [More...]

I do not know if the Big Dog is fired up, but he is ready to go for Obama:

"I told him that whenever he wanted me to do it, I was ready, and so it's basically on their timetable," Clinton said. "He's got a lot of things to do between now and the convention, of which this is simply one, so I'll do whatever I'm asked to do, whenever I can do it."

Quite frankly, it is on Obama now how and when Bill Clinton campaigns for him - which I took to be Bill Clinton's message.

By Big Tent Democrat, speaking for me only

Today, Speaker Pelosi joined Senators Clinton and Murray condemning the Bush Administration's proposed new Department of HHS regulations regarding contraceptive services. Yesterday, Senators Clinton and Murray wrote:

Bump and Update: The ACLU weighs in:

"Hamdan's trial, like those of other Guantánamo detainees accused of war crimes, should take place in an ordinary federal court or in a traditional military court. The Guantánamo military commissions allow the government to rely on evidence that the defendant never sees, on hearsay, and on evidence obtained through torture. The commissions are completely inconsistent with the Constitution and should be shut down."

A U.S. District Court judge today denied a continuance request for Salim Hamdan, former driver to Osama bin Laden.

His trial, the first military tribunal trial of a Guantanamo detainee, will begin as scheduled Monday. The judge in that proceeding also has rejected continuance requests.[More...]

A new Justice Department report on conditions at the Cook County jail in Chicago finds the conditions at the jail deplorable.

Cook County Jail does not meet minimum constitutional standards and routinely puts inmates at serious risk, U.S. Atty. Patrick Fitzgerald said Thursday at a news conference following the release of a scathing Justice Department report on the facility.

The jail falls well short of basic standards, Fitzgerald said, and inmates have been subjected to violence and poor medical care as a result. Among the chief concerns is that the jail fails to protect inmates against beatings, both by corrections officers and other prisoners.

Fitzgerald said "some guards have engaged in organized reprisals against inmates who insult them." Also,

Health care also is a serious problem, the Justice Department found. The report cited an example of an inmate who contracted sepsis from an untreated gunshot wound and died. Another had to have a limb amputated.

Go to jail, lose a limb or die? America. Prison Nation. [More...]

Maricopa County (Phoenix, AZ) Sheriff Joe Arpaio, who instituted such ridiculous shaming punishments as forcing male inmates to wear pink underwear, making juveniles serve on chain gangs and bury the dead, and requiring inmates to sleep in tents, is the subject of a new class action lawsuit by the ACLU and others for racial profiling of Latinos.

The suit alleges Arpaio has been conducting "crime suppression sweeps" of Latinos in an effort to enforce federal immigration laws.

Claiming authority under a limited agreement with U.S. Immigration and Customs Enforcement ICE that actually prohibits the practices challenged here, Defendants have launched a series of massive so-called "crime suppression sweeps" that show a law enforcement agency operating well beyond the bounds of the law.

More...