
Bump and Update: Craig has filed his appeal. It's four pages but doesn't go into the grounds. And don't expect a ruling anytime soon:
Craig's lawyers must first order and file a transcript of his Sept. 26 hearing. Once that has been filed, his lawyers have 60 days to file a brief outlining his appeal. Then, prosecutors have 45 days to file their response to his appeal. Once those are filed, the court sets a date for oral arguments -- which often occurs about six to eight months later. Ninety days after the oral arguments, the judge issue a decision.
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Original Post: Larry Craig Slams Romney, Will Appeal Conviction
Sen. Larry Craig is making the tv rounds. Sunday, he vowed to appeal the denial of the motion to withdraw his guilty plea.
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In the not-suprising news, two of O.J. Simpson's co-defendants have taken deals and will testify against him.
Of possible interest is that the co-defendants, Walter Alexander and Charles Cashmore, are pleading to felonies. While I'd expect them not to get jail time in exchange for their testimony, a felony conviction is no walk in the park. It also raises the bar for any plea deal for O.J. I think the prosecution would be hard-pressed to give O.J. a misdemeanor while forcing the others to cop to felonies.
Which means, we may see yet another O.J. trial. The preliminary hearing is set for Nov. 8 and 9th.
Scotus Blog reports:
The Supreme Court agreed on Monday to spell out when an individual engaged in “laundering” of crime proceeds has illegally concealed their real source — in effect, what it means to “launder” money. The issue arises in Cuellar v. U.S. (06-1456). This was the only case granted Monday. Click the following links to read the petition for certiorari, brief in opposition, reply brief, and amicus brief on behalf of the National Association of Criminal Defense Lawyers.
The question:
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Christy at Firedoglake has all the update details, phone numbers and more on FISA and S-CHIP.
Roll Call (subscriber only) reports the GOP is spoiling for a FISA fight, hoping to distract attention from S-CHIP. The Carpetbagger Report has this quote from the Roll Call article:
Specifically, Republicans are planning to use the kidnapping and subsequent murder of three U.S. soldiers in Iraq earlier this year to put a “human face” on the issue, the House staffer explained. According to this aide, while Democrats’ arguments about privacy may resonate with some voters, Republicans believe using real-world examples of how a weak FISA has put U.S. troops in danger will help galvanize public support for their position.
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The She-Pundit with long blonde hair digs herself into a deeper hole with her comments on the Donny Deutsch show last week about the need for Jews to be "perfected." Via Media Matters, she later appeared on a broadcast of Steve Malzberg's WOR (New York) radio show. You can listen here:
On Malzberg's show, Coulter defended her remarks by saying that she had "stated the ... doctrine of Christianity," and that the idea that Christians "want Jews to be perfected" "comes from that raging anti-Semite St. Paul." She added: "I don't think most Jews are as stupid as Donny Deutsch," and later asked, referring to Deutsch, "Is that guy even bar mitzvahed?"
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I saw the new George Clooney movie, Michael Clayton, yesterday. I'm not much of a movie reviewer, since I have a hard time writing without spoilers, but I will say: Yes, go see it. It's very suspenseful. Clooney is better than terrific as the law firm's "fixer" cleaning up the messes of its big clients. Sydney Pollack is great as the head of the law firm.
The movie opens with the present, then goes back to the past to explain which was both helpful and added to the suspense.
Some of the casting choices struck me as odd. Others were dislikeable (like the Westchester couple whose whiny scene went on too long. The point was made in the first two minutes.) I can think of many different actors I would have preferred to have seen in the supporting roles.
A few of the scenes were improbable to me. But, it's fiction. My favorite parts were the scenes with the real criminal fixers and the ones with the kid who plays Clooney's young son.
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On November 1, the Sentencing Guidelines for crack cocaine will drop two levels. Not enough to make up for the outrageous disparity between crack and powder guidelines, but a good start.
The remaining question is whether the guideline change will be retroactive and apply to the 19,500 previously sentenced defendants.
The Commission will hold a public hearing on November 13 (pdf.) Sentencing Law and Policy has the details.
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Good news in the federal sentencing department. Guideline changes set to take effect November 1 unless Congress acts to ban them include a provision giving judges greater discretion in granting compassionate release for dying prisoners.
A safety-valve provision for compassionate release for the dying is in the original sentencing law but it hasn't been effective.
But advocates for inmates say the way the statute is actually carried out is anything but compassionate. Few terminally ill inmates are approved for release, and the bureaucracy is such that even when people are approved, they often die before they get out. The advocates also contend that prison officials have misconstrued the original intent of Congress and interpreted the grounds for release much too narrowly.
Now, in a departure from the tough sentencing policies that it has legislated for more than two decades, Congress is poised to allow guidelines to go into effect starting Nov. 1 that would give federal judges much greater power to release federal inmates.
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Due to a recruiting shortfall, President Bush has loosened restrictions on "character waivers" allowing military recruiters to sign up those with drug convictions on their records.
But he doesn't want these same kids to go to college and continues to support the Higher Education Act that since 1998, has prevented 200,000 students with drug convictions, including minor marijuana offenses, from obtaining student aid.
Check out the video at Drug War Draft by Students for a Sensible Drug Policy and send a message to Congress which is reconsidering the law.
If you're one of the many who can't get a scholarship because of a drug conviction, SSDP has a link to alternative available scholarships.
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"Declare victory and get out." - Senator George Aiken (R-VT) on the Vietnam war.
WaPo:
The U.S. military believes it has dealt devastating and perhaps irreversible blows to al-Qaeda in Iraq in recent months, leading some generals to advocate a declaration of victory over the group, which the Bush administration has long described as the most lethal U.S. adversary in Iraq. But as the White House and its military commanders plan the next phase of the war, other officials have cautioned against taking what they see as a premature step that could create strategic and political difficulties for the United States. Such a declaration could fuel criticism that the Iraq conflict has become a civil war in which U.S. combat forces should not be involved.
Umm, I am beginning to suspect these folks do not want us to leave Iraq. . . .
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Blogger and Law Prof Eric Muller (Is that Legal?) has a new book out, "American Inquisition: The Hunt for Japanese American Disloyalty in World War II." It's an account of the secret inner mechanisms of racism within the episode we call the Japanese American internment of World War II.
He'll be blogging about the book all week, including a discussion of "how the government went about gathering the information on which it would rely for its loyalty inquests."
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Graeme Frost two weeks ago gave the Democrat's response to the President's radio address. You will remember that his family is middle class, and he had public health insurance that saved his family from financial ruin after he and his sister were grievously injured in a car wreck, both needing physical therapy. But, the Neo-con attack dogs immediately and shamelessly Swiftboated him.
I cannot say it better than Paul Krugman did in Sliming Graeme Frost in the NY Times. Countdown has video here.
On Monday evening, Master Frost will be on Countdown.
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