Yesterday, we noted that the U.S. will be seeking to execute six detainees at Guantanamo. Today, the AP reports that those executions may take place at Guantanamo, thanks to a 2006 Military Order (available here. (pdf)

Any executions would probably add to international outrage over Guantanamo, since capital punishment is banned in 130 countries, including the 27-nation European Union.

Conducting the executions on U.S. soil could open the way for the detainees' lawyers to go to U.S. courts to fight the death sentences. But the updated regulations make it possible for the executions to be carried out at Guantanamo.

That, of course, is what the Bush Administration wants: No oversight. As former Navy lawyer David Sheldon says, [More...]

Bump and Update (TL): The Senate passed the FISA bill with telecom immunity today. Firedoglake has been providing great coverage all day. It's up to the House now, where pressure will be strong to adopt the Senate bill. Sign the petition to tell them not to cave like the Senate did.

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FISA: Dodd Amendment Fails
By Big Tent Democrat

This is your Democratic Party in action:

[More..]

By big Tent Democrat

SurveyUSA has Clinton ahead in Ohio 56-39. The poll was taken 2/11. It seems that Obama's Big Mo has not yet worked there. But after the Wisconsin primary on 2/19, he'll have two weeks to campaign there. We'll see what happens.

Via Partially Impartial, Clinton wins women 62-33. Wow!

By Big Tent Democrat

I like Potomac Primaries better than "Chesapeake Contests." Other than that, my CW is that Obama wins the three contests (VA, MD and DC) by 20 points each and picks up a +35 delegates tonight.

He is the frontrunner now, but has one more important test - win a big contested state - he has 3 chances, Ohio, Texas and Pennsylvania. Win any of these and he is the nominee.Lose them all and Hillary is the nominee.

This is an Open Thread.

Here is some interesting news, Hillary only down 11 in Wisconsin. I expected her to be done 20.

NOTE: Comments are closed. Some of you are incorrigible. I hope it does not require suspensions and bannings.

Update: Here's the cert petition (pdf) filed today, which Prof. Berman quotes from here. They'd also welcome amicus briefs.

A must-read article in the New York Times today about Sgt. Patrick Lett and his cocaine sentencing in Alabama. Law Prof Doug Berman of Sentencing Law and Policy, who is now representing Sgt. Lett pro bono, has lots more.

First, about Sgt. Lett:

Sgt. Patrick Lett, had served 17 years in the Army, including two tours in Iraq, and he had pleaded guilty in federal court to selling cocaine. It was up to Judge William H. Steele, a former marine, to decide how to punish him. “I don’t normally see people standing before me in uniform,” Judge Steele said.

Sergeant Lett’s commanding officer, Capt. Michael Iannuccilli, testified that the man he knew was “a patriot, father and a good man.” “I would gladly deploy to Iraq with him and entrust my life to him,” Captain Iannuccilli said. “I’d trust my soldiers’ lives to him. He’s been nothing but an exemplary soldier.”...

The judge's hands were tied by the mandatory minimum 5 year penalty. He wanted to give Lett as short a sentence as possible. Read below what happened:

By Big Tent Democrat

Pennsylvania Governor Ed Rendell is a Hillary Clinton supporter. He apparently said this:

"You've got conservative whites here, and I think there are some whites who are probably not ready to vote for an African-American candidate."

Is this true? Undoubtedly. Should Rendell have said it. Undoubtedly not. He is the Governor of Pennsylvania and a prominent supporter of Hillary Clinton. He does not get to say this. It is inflammatory.

NOTE: this comment thread is closed.

By Big Tent Democrat

I wanted to leave this alone, but I can not, in good conscience, do so. Josh Marshall on Hillary Clinton's statement on David Shuster, (see also Shakes' Sis on the malign acceptance of sexism and misogyny at Huff Po):

To Fire or Not to Fire (Hint: Option #1)

In his interview with Hillary Clinton, The Politico's John Harris asked whether she really wanted MSNBC's David Shuster fired. . . .

Josh Marshall is saying that Hillary Clinton wants David Shuster fired based on this statement:

By Big Tent Democrat

FWIW, I endorse this petition from Media Matters:

Many know of the high-profile controversies I've noted above, but what about the less publicized incidents of sexist and misogynistic commentary that have gone unacknowledged and uncorrected by NBC News and MSNBC? Media Matters has documented scores of examples. Just last year, MSNBC host Tucker Carlson said of Sen. Clinton: "[T]here's just something about her that feels castrating, overbearing, and scary." Further, Carlson has said of Clinton: "I have often said, when she comes on television, I involuntarily cross my legs." Just how seriously are these issues being taken? . . . MORE

A bill introduced in Idaho to allow judges to depart below state mandatory minimum sentencing laws for defendants marginally involved in drug dealing will get a full hearing before the state's House Judiciary, Rules and Administration Committee.

The bill is co-sponsored by three Republicans and one Democrat.

Idaho now has 7,400 people behind bars. More than half of them are there due to drug-related offenses. The state has shipped about 500 people to other states because there's no more room in prisons in Idaho.

Under the bill, judges could opt for shorter, treatment-focused sentences for addicts convicted of drug-dealing crimes, on the presumption that if they get clean they're less likely to re-offend.

One Republican legislator says of the bill,

"Our prisons are pumped full. It would be nice to give judges discretion about whether to send somebody to prison or to some other treatment program. In reality, they're the ones that are sitting on the front lines, not the legislators who are making the laws."

Another bill pending in the state would expand drug courts. Hopefully we'll see other states -- and ultimately the feds -- follow suit.

A Brown University, Rhode Island poll taken Feb. 9-10 shows Hillary Clinton maintaining her lead over Barack Obama, 36% to 28% with 27% uncommitted and 9% undecided. In September, Hillary's support was at 35%, so she gained a point. Obama gained substantially, from 16%
to 27%, garnering the votes of those previously for Edwards, Biden, Dodd, etc., but he's still 9 points behind Hillary. The undecided/uncommitted votes now are at 36%, in September they were at 35%.

Rhode Island's primary day is March 4, same as Texas and Ohio. The full poll results are here (pdf.) [More...]

Neither Hillary Clinton nor Barack Obama will be in Virginia, Maryland or D.C. tomorrow night after the primaries.

Hillary will be campaigning in El Paso, TX while Obama will be in Madison, WI. (Via Al Giordano at RuralVotes.)

Hillary will be in San Antonio on Weds, although more events may be added.

While Chelsea Clinton has been making the rounds of college campuses in Wisconsin, Hillary won't be there until Saturday night, three days before the primary. Obama hasn't been in Wisconsin since October, but his wife Michelle is already there holding roundtables.

Hillary has agreed to appear at a Wisonsin debate, but Obama has not yet responded.

Clinton also agreed to appear at a debate at Marquette University, but Obama has not responded to the invitation. U.S. Rep. Tammy Baldwin and Lt. Gov. Barbara Lawton called on him Monday to do so, saying it was the best way for Wisconsin voters to see where the candidates stand on issues.

The youth vote will be big in Wisconsin, which will favor Obama.

If history is any judge, many of those who turn out for the primary will be first-time voters. In the 2004 general election, the state had the second-highest turnout of young voters. Minnesota was No. 1.

By Big Tent Democrat

Via dmsilev, the NYTimes reports the obvious:

She has to win both Ohio and Texas comfortably, or she’s out,” said one Democratic superdelegate who has endorsed Mrs. Clinton, and who spoke on condition of anonymity to share a candid assessment. “The campaign is starting to come to terms with that.” Campaign advisers, also speaking privately in order to speak plainly, confirmed this view.

My reaction? Um, duh. Honestly, folks get paid to "report" this stuff? How about something interesting, like what happens if Clinton DOES win Ohio and Texas? What will that mean for Obama? What will he have to do in the face of more big state losses? Obviously Ohio and Texas will be do or die for Clinton. But if Obama loses them he gets put on the spot it seems to me. Does Obama then have to win Pennsylvania?

NOTE: Comments are closed in this thread. Everybody calm down.