Rudy's right, it's a civil offense, not a criminal violation, to be in this country without proper documentation. Many of the persons the right blasts as being illegal entered this country legally and then overstayed their visas. Their initial entry was lawful. Staying past the expiration date on their visa is not a crime.

(Note: That's why the term "illegal immigrant" is a misnomer and "undocumented resident" is the correct term.)

Deportation proceedings (which are now called removal proceedings by the way) are also civil, not criminal.

Romney was appalled by his comments. Tancredo would probably be apopletic.

Meanwhile, Fred pretty much bombed in Iowa today.

The Republicans need a viable alternative to Rudy. Who will it be?

The nursing home owners on trial for negligent homicide and cruelty for failing to evacuate during Katrina were acquitted today. 35 elderly patients died at the home.

Prosecutors say the Manganos should have evacuated the home as the storm closed in. Defense lawyers say levee failures and a government that never called a mandatory evacuation are to blame.

....The Manganos have said the area had never flooded in the 20 years St. Rita's was in operation, and defense attorney Jim Cobb said that was the basis for their decision to ride out the storm.

"We're talking frail people, people with special needs, people who would be at risk during an evacuation," Cobb said before the trial began. "The Manganos thought they were saving lives by sheltering in place."

Gov. Blanco testified during the trial that no mandatory evacuation order was given.

Thanks to the WSJ for putting the 237 page appeal brief (pdf) filed by Enron's former President and CEO Jeffrey Skilling online.

I'm just starting to read it, but the section on why oral argument is requested gives you a good sense of its flavor. After pointing out that contrary to the public's perception, Skilling was not convicted of causing Enron's collapse, it states:

Profound, inherent weaknesses in the government’s case—not just gaps in its evidentiary proof, but doubts about its basic theories of criminality—motivated the government to resort to novel and incorrect legal theories, demand truncated and unfair trial procedures, and use coercive and abusive tactics.

No word yet from the Court as to whether it will accept such a long brief. Appeals courts have strict limits on the length of briefs. I remember when the 10th Circuit Court of Appeals fined Timothy McVeigh's court-appointed appeals counsel for filing an overly long (226 page)brief. I thought it was very unfair.

More...

An appeals court in Tennessee has ruled the state's tax on illegal drugs unconstitutional calling it "arbitrary, capricious and unreasonable."

More like this please.

The law allows the state to go after the belongings of people who are caught with illegal drugs or alcohol that don't bear the special tax stamps, regardless of the outcome of their criminal cases.

..."Because it seeks to levy a tax on the privilege to engage in an activity that the Legislature has previously declared to be a crime, not a privilege, we must necessarily conclude that the drug tax is arbitrary, capricious, and unreasonable, and therefore, invalid under the constitution of this state," Judge Sharon G. Lee wrote.

This just in, via Daily Kos, Hillary's new statement on Iraq.

As General Petraeus prepares to testify before Congress next week, it is clear that the increase in U.S. troops in Iraq has simply not led to political reconciliation in Iraq. Rather than continuing the escalation, we must begin the immediate redeployment of U.S. troops out of Iraq, in order to end this war as soon as possible. I continue to support legislative efforts requiring the Administration to begin to withdraw our troops and to complete the redeployment of combat troops in 2008, and I encourage the Congressional leadership to ensure that we will have an opportunity to vote for such legislation.

More...

Why Matt Baii moderated the Yearly Kos Prtesidential forum still remains one of those unexplainable mysteries. Why Matt Bai's book is taken seriously by anyone actually familiar with the Netroots is another mystery. We have one final mystery to solve about Matt Bai - why is he considered a good reporter? This story on Rudy is simply appalling. Take this part for instance:

The logic of Giuliani’s pitch to voters on terrorism will feel familiar to anyone who paid close attention to his political ascent. When he first won office in 1993, New York was widely considered a city beyond governance, an uncontrollable metropolis where violent crime, entrenched bureaucracy and swollen welfare rolls were accepted as the grim but unshakable realities of urban decline.

Say what? You mean a reporter can just write whatever they want and say it was "widely considered?" This is not reporting - this is bloviating. And should be labelled as such. But it gets worse. More.

Former Denver Mayor Federico Pena, who served in President Bill Clinton's cabinet as Transportation and Energy Secretary, has announced he will be a co-chair of Barack Obama's presidential campaign.

When asked about Obama's relative lack of experience, Pena didn't contend Obama was sufficiently experienced. Rather, he said, Obama has judgment and wisdom and those count for more than experience.

Pena's role:

He said one of his chief roles will be to help build Obama's Hispanic support.

[cross-posted at 5280.com]

Claude Jones was executed in Texas in 2000.

Today, several organizations, including the Innocence Project and Texas Monthly, filed motions seeking to prevent the state from destroying a hair that could be subjected to DNA testing, the results of which might show Jones was not the killer.

The Texas Observer, the Innocence Project, the Innocence Project of Texas and the Texas Innocence Network filed motions in state court in San Jacinto County, Texas, today asking for a temporary restraining order that would prevent officials from destroying the only piece of physical evidence in the case – a hair from the crime scene – and seeking a court order to conduct DNA testing that could determine whether the hair matches Claude Jones, who was convicted of murder in 1990 and executed on December 7, 2000.

More....

The LA Times examines the (so far) lack of support for Fred Thompson in Hollywood.

I'd rather see Thompson or Romney get the Republican nomination than Rudy. For that reason, I'm not going to bash Thompson.

The thought of listening to Rudy from February to November of 2008 while he's on the campaign trail, should he get the nomination, is just about unbearable.

Law.com has a long article today on Google's hiring practices when it comes to in-house lawyers.

Finding the right sort of lawyer to fit Google's playful ethos yet steely business sense is -- judging by the army of recruiters assigned to the job -- a challenge. This is not due to a lack of any interest on the part of candidates, according to Jones, but because it takes a very particular sort of person to fit the Google mould.

....Prospective Google lawyers can expect up to 15 interviews, including one with one of the company's founders, as a final hurdle before getting the job.

Over the past year, Jones, who reports to U.S.-based general counsel Kent Walker, has conducted a lengthy search for new members of the team and is now hunting for the right lawyers for Google's Amsterdam, Madrid, Zurich, Milan and Moscow arms, establishing a legal function in all these major European cities.

A few months ago I wrote about the Google hiring perks and checked their website. I couldn't find a single job, legal or otherwise, I was remotely qualified for. Maybe you'll have better luck.

At the Huffington Post, Tom Edsall writes a post titled Frustration OverIraq Could Lead To Dem Primary Challenges. Here is the key line:

A House Democratic leadership aide told the Huffington Post, "We understand their frustration, but we need to elect more Democrats in order to affect real change on Iraq." Another top Democratic leadership aide said, "What in the world are they thinking? All this is going to do is increase the possibility of electing more Republicans. Instead of going after Democrats, they should be focusing their efforts on pressuring Republicans to break with the president.

(Emphasis supplied.) How idiotic are these people? Do they think all we care about is electing Democrats? Do they REALLY think we do not care about the issues? The Democrats won in 2006 because the American People want out of Iraq. They still do. The DEMOCRATIC Congress has failed the American people. Up to now.

They can redeem themselves still. End the Iraq Debacle. Set a date certain for the end of funding of the Iraq Debacle. We do not need more Democrats for that. We do not need any Republicans. We can count. We know that the Constitution gives the Spending Power to the Congress.

Here is John Edwards' strategy to root out and shut down terrorist cells, which I received from his campaign this morning. Click on the "more" button to read the whole thing.

JOHN EDWARDS’ STRATEGY TO ROOT OUT AND SHUT DOWN TERRORIST CELLS

“We need a bold new approach—one that is smart, tough, and targeted. This will require us to look beyond the structures of World War II and the Cold War to new tools that will allow us to target terrorism more precisely. It will require sustained U.S. leadership—but the kind that leverages the power of partnerships, rather than going it alone.”- John Edwards

More....