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Wednesday :: October 31, 2007

Sheriff Indicted For Alleged Corruption

A federal grand jury indicted Orange County Sheriff Michael Carona on charges of mail fraud and witness tampering. The indictment alleges that Carona and others (including, reportedly, his wife and mistress) used illegal campaign contributions to secure Carona’s election and then used Carona’s official position to enrich themselves.

The details are reported here.

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Late Night: New Tom Petty Movie, Running Down the Dream

Here's the movie trailer to Running Down the Dream, a 4 hour documentary by Peter Bogdanovich covering the past 30 years of Tom Petty and the Heartbreakers.

It just was released last week and Sundance Channel aired it the other night. I saw about 2 hours of it and loved it. It will air again Nov. 1 at 3am ET, so tivo it if you get the Sundance Channel.

A Studio and bigger version of trailer here.

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Tuesday :: October 30, 2007

Democrats Debate: Live-Blogging the Drexel U. Debate

Big Tent Democrat and I will be live-blogging tonight's Democrats Debate at Drexel University.

The New York Times says all eyes will be on Obama.

Hillary has already fired the first salvo.

I just hope some sparks fly.

Updates below, mostly in the comments.

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Justice Department Refutes Immunity to Blackwater Guards

Bump and Update: The Justice Department has released a statement denying that the Blackwater guards have immunity from federal criminal prosecution.
"The Justice Department and the FBI cannot discuss the facts of the Blackwater case, which is under active investigation. However, any suggestion that the Blackwater employees in question have been given immunity from federal criminal prosecution is inaccurate. The Justice Department and the FBI continue the criminal investigation of this matter knowing that this investigation involves a number of complex issues. We are unable to comment further at this time."

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Original Post
Wording of Blackwater Immunity Deals

ABC News has obtained the text of the use immunity provided Blackwater guards by the State Department.

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Supreme Court Stays Mississippi Execution

Capital punishment watchers have been anxiously awaiting the Supreme Court's action on the execution of Earl W. Berry, scheduled for tonight in Mississippi.

With 15 minutes to spare, the Court has stayed the execution. The vote was 7 to 2. Scalia and Alito dissented.

Is this a signal that the Court will find lethal injections to be cruel and unusual punishment when it decides the Kentucky case it has agreed to review?

ABC News has more, as does Capital Defense Weekly and Scotus Blog.

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Mukasey Still Does Not Know If Waterboarding Is Torture

Via TPM:

President Bush's nominee for attorney general told the Senate Judiciary Committee on Tuesday that he does not know whether waterboarding is illegal. He pledged to study the matter and to reverse any Justice Department finding that endorses a practice that violates the law or the Constitution. "If, after such a review, I determine that any technique is unlawful, I will not hesitate to so advise the president and will rescind or correct any legal opinion of the Department of Justice that supports the use of the technique," Michael Mukasey wrote to the committee's 10 Democrats.

Incredible. Shameless. Outrageous. Disqualifying.

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Habeas Filing Challenges 'West Memphis 3' Convictions

Last year, TalkLeft called attention to the serious questions surrounding the convictions of three teenagers -- dubbed the "West Memphis 3" by the media -- for the gruesome murders and mutilations of three 8-year-old boys. In a court filing yesterday, defense attorneys raised those questions.

[A]ccording to long-awaited new evidence filed by the defense in federal court on Monday, there was no DNA from the three defendants found at the scene, the mutilation was actually the work of animals and at least one person other than the defendants may have been present at the crime scene.

An HBO documentary, Paradise Lost, and a follow-up documentary highlighted the problems with the case against the defendants. Court documents and considerably more information about the case can be found at this website.

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Clear Channel Drops Bruce Springsteen's New Album

Say it isn't so! Crooks and Liars has the details. Apparently, a Clear Channel memo went out .

Shorter version: Old Springsteen tunes are fine but not the new ones. Some speculate his age is behind the decision. Also missing from Clear Channel:

There is no sign at major radio stations of new albums by John Fogerty or Annie Lennox, either. The same stations that should be playing Santana’s new singles with Chad Kroeger or Tina Turner are avoiding them, too.

Like Springsteen, these "older" artists have been relegated to something called Triple A format stations — i.e. either college radio or small artsy stations such as WFUV in the Bronx, N.Y., which are immune from the Clear Channel virus of pre-programming and where the number of plays per song is a fraction of what it is on commercial radio.

Are they going to play the new Eagles' album? Are Tom Petty or the Rolling Stones too old? The age excuse is hard for me to believe -- it sounds like speculation to me.

Howie Klein, who should know if anyone does, doesn't buy the age excuse either. In an update, he points out the story isn't totally right as some independent-minded Clear Channel stations, like Boulder's great KBCO, are playing it.

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Hillary Clinton Opposes Mukasey Confirmation

Hillary Clinton released this statement today, opposing the nomination of Michael Mukasey for Attorney General.

We need an Attorney General who has the strength to challenge this Administration when it is wrong, who is committed to reestablishing the independence of the Department of Justice and to restoring respect for the Constitution and the rule of law. I am deeply troubled by Judge Mukasey’s continued unwillingness to clearly state his views on torture and unchecked Executive power.

The Attorney General is the chief defender of the rule of law in our country. After Alberto Gonzales's troubled tenure, we cannot send a signal that the next Attorney General in any way condones torture or believes that the President is unconstrained by law. When we leave any doubt about our nation’s policy on torture, we send a terrible message to the rest of the world.

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Congress Passes Moratorium on Internet Access Fees

Breathe a sigh of relief. The House today passed a bill banning state taxes on internet access until before 2014. Since the Senate has already approved the measure, it goes to Bush for his signature.

Taxing consumers to access the internet is a horrible idea. And it wasn't just the tax:

Under the “streamlined” plan, a “national collection center” would be established and would monitor and store your personal information and Internet shopping habits.

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The Problem With Obama

The Problem With Obama is the discussion of the day. I especially liked Stoller's and Bowers' discussion. Stoller quoted an earlier piece:

Obama is scared. He hasn't had to make choices for a long time . . . We haven't yet seen what a Barack Obama would fight for in a public debate, and it's something I'd like to see. . . .

Fighting. Obama is not a fighter. That is the problem. In July 2006, I wrote:

How did FDR do it and can Democrats defend FDR liberalism today? Maybe not by calling it FDR liberalism but they surely can and do when they have the courage of their convictions. The most prominent of these instances was the fight to save Social Security Faced with Media hostility, Republican demagogy and flat out lies, Democrats rallied to the FDR liberalism banner and crushed the Republican attempts to roll back the clock. FDR would have been proud of Democrats in that fight. No triangulation. Good old fashioned political populism won the day. And that is FDR's lesson for Obama. Politics is not a battle for the middle. It is a battle for defining the terms of the political debate. It is a battle to be able to say what is the middle.

Obama refuses to fight for Democratic and progressive values. He holds them of course. But he does not fight for them. He believes in finding "common ground" and, in the process, simply does not fight. He does not work to persuade the persuadable. As a politician fighting for issues, he fails (while perhaps succeeding in burnishing his own image.) If you are committed to Obama, you can be pleased with his political style. If you are committed to Democratic and progressive values, I think you can not be satisfied. More.

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Supreme Court Arguments on Child P*RN Law

The Supreme Court heard oral argument today in U.S. v. Williams, a case challenging the constitutionality of the pandering provision of the PROTECT Act.

The American Constitution Society has a good explanation of the issues in the case.

At issue is the “pandering” provision in the 2003 Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (“PROTECT Act”). The provision makes it illegal to solicit, distribute, present or offer “actual child pornography” — a sexually explicit visual representation of a real minor — or any visual representation of a minor engaging in obscene behavior.

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