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Friday :: June 01, 2007

CA Prisons to Extend Conjugal Visitation to Gays

Finally, something positive to report on California's troubled prison system. They have adopted a new policy of extending the right to conjugal visits to gays and lesbians:

California's prison system is changing its regulations to allow conjugal visits for gay and lesbian inmates in response to a legal threat and a 2003 law that gave domestic partners many of the same rights as married couples.

Facing a complaint from an inmate in a Vacaville prison and pressure from the American Civil Liberties Union, the state Department of Corrections and Rehabilitation has begun to allow overnight visits for inmates with registered domestic partners and is to adopt permanent regulations later this year. The change will allow gay and lesbian inmates the same rights as other inmates, who are eligible to spend up to three days with family members in living areas -- usually trailers -- on prison grounds.

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Action Alert: Oppose S. 456, Feinstein's Gang Legislation Bill

The time is now to send your Senators a letter opposing Sen. Diane Feinstein's gang legislation bill, S. 456, the Gang Abatement and Prevention Act of 2007. It will hurt our kids.

Primary objections are:

  • this legislation defines "gangs" and "gang crime" so broadly that it will drastically increase the number of children and youth who are inappropriately swept into the juvenile justice system -- especially poor children and children of color;
  • this legislation places an extremely heavy emphasis on incarceration and punishment, and fails to support what we know really works to reduce recidivism: prevention and intervention; and
  • this legislation unfairly and inappropriately targets undocumented individuals.

Republican Senators Orrin Hatch and Elizabeth Dole are co-sponsors of the bill, that should tell you something.

Background on the bill and its predecessor is here and here.

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Never Leaving . . . More Talibani Units

Atrios focuses on the Bush "plan" for leaving Iraq. I am sadly amused by this from Iraq President Jalil Talabani:

Iraq's president tells ABC's George Stephanopoulos on "This Week" this Sunday that Iraqi forces can take over, but not any time soon. When asked when the Iraqi army will be ready to defend its country, Jalal Talabani said, "I think the end of the next year." But officials have serious doubts about that statement.

I have no doubts. It is a pack of lies. Jalil talabani has been saying next year for the last three years:

2 years ago, Talabani said:
[T]wo years should be enough time for Iraqi forces to rebuild and secure control of the country as well as take over the job currently being performed by some 140,000 U.S. troops.

And two years from now, he'll same the same thing. As will the Generals. As will Republicans. And, sad to say, so will a lot of Democrats.

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Rudy May Be Worse Than Bush

Matt Taibbi profiles Rudy Giuliani in the current issue of Rolling Stone.

He's cashing in on 9/11, working with Karl Rove's henchmen and in cahoots with a Swift Boat-style attack on Hillary. Will Rudy Giuliani be Bush III?

Wonkette sums up the key points. My favorite:

About the WTC cleanup run by Rudy: “More people will eventually die from the cleanup than from the original accident.”

My answer to the question as to whether Rudy is more dangerous than Bush: Of course he is. He's smarter and more Machiavellian.

A more apt question would be whether he's more dangerous than Dick Cheney. Probably not. But it's also why, happily, he won't be successful in his bid for the Presidency.

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Do Results Matter In Politics?

Writing about George Will's column arguing for conservatism and the Republican Party, Greg Anrig points out a too common flaw in most apologias for conservatism and the GOP:

[H]e is reciting exactly the same rig[a]marole that he and other conservatives have repeated since before Reagan was president, as though the failures of conservatives to deliver on their promises while in power during most of the interim somehow isn’t germane to the discussion.

But is it just George Will and conservatives? Consider Rudy Giuliani's national security creds. Or Fred Thompson the tough guy. Actual experience and actual toughness have nothing to do with the way the Media covers these individuals. To quote the philosopher Andre Agassi, "image is everything" it seems.

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Colorado's Wrongful Execution

In Canon City on Saturday, for the first time a tombstone will be placed on the grave of an executed prisoner. His name is Joseph Arridy.

This Saturday, June 2, 2007, at 11 a.m. in Canon City’s Greenwood Cemetery, a dignifying tombstone will be placed on the grave of death row inmate Joe Arridy. Arridy was executed in the Canon City prison gas chamber on January 6, 1939, and buried on top of Woodpecker Hill. The tombstone, which will feature an etching of a replica of Joe’s toy train, is being placed and dedicated by a number of citizens in the Pikes Peak Region who have taken a newfound interest in Arridy’s life and death. Evidence uncovered in the past decade indicates that he was a victim of police and prosecutorial misconduct. This is the first time in the history of Colorado that a personalized tombstone will be placed on the grave of an executed prisoner.

Arridy was mentally retarded and had the mind of a five year old. The warden gave him toys to play with.

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Dan Bartlett Resigns

Dan Bartlett tendered his resignation today. At 36, he is Bush's longest-serving staffer, spending 14 years with him.

The reason: to spend more time with his family. But he doesn't have a job lined up. He's hired a headhunter.

Who gives up a paycheck with "twin, 3-year-old boys and another son born in January" before they know another paycheck is coming in? Of course, maybe he's independently wealthy and just wants to spend more time at home.

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Alleged Spammer Charged

Welcome news, if the accusation is true:

A 27-year-old man described as one of the world’s most prolific spammers was arrested Wednesday, and federal authorities said computer users across the Web might notice a decrease in junk e-mail.

The charges, however, seem like overkill.

Last week, a federal grand jury returned a 35-count indictment against [Robert Alan] Soloway charging him with mail fraud, wire fraud, e-mail fraud, aggravated identity theft and money laundering.

Couldn't he just be charged with being an incredible nuisance? And sentenced to spend the rest of his life deleting spam emails from our mailboxes?

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Thursday :: May 31, 2007

NYPD Finally Starts Obeying Court Order, Sometimes

What does it take to get the NYPD to obey court orders? So far, it's taken a $100,000 settlement and the threat of a contempt finding.

In 1992, a federal judge found a law prohibiting loitering “for the purpose of begging” unconstitutional and enjoined its enforcement in New York City. The decision was upheld on appeal, but that hasn't stopped officers from illegally arresting hundreds of people for violating the law. Some have been arrested repeatedly, and some prosecutors have tried to bring charges under the unconstitutional law.

Police essentially ignored a second order to stop enforcing the law issued in June 2005.

It was only after the plaintiffs — half a dozen people who were unlawfully arrested or charged for panhandling or loitering — asked in December [2006] that the department be held in contempt that the Police Department “turned their behavior around,” Judge Scheindlin wrote.

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Hollywood Fred: Against Special Counsels Before He Was For Them Before He Was For Perjury

Hollywood actor/former lobbyist/current Beltway heartthrob and, former ineffectual Senator Fred Thompson condones perjury, obstruction of justice and hypocrisy. First, his defense of a convicted perjurer and obstructor of justice:

I have called for a pardon for Scooter Libby. When you rectify an injustice using the provisions of the law, just as when you reverse an erroneous court decision, you are not disregarding the rule of law, you are enforcing and protecting it.

Free a convicted perjurer and obstructor of justice! No justice! No peace! Who knew Holly-Fred was a dirty, effing hippie? Must be those Holly-Fred values.

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Libby Lawyers Ask Court for Probation

Forget the sentencing letter issue. There's a bigger one.

Team Libby filed its two sentencing memoranda today (here and here.)

Turns out, the Probation Department calculated Libby's guidelines at 15 to 21 months, before applying any departures. And, it found at least three grounds for departure from the guidelines:

In this case, the PSR identifies at least three mitigating factors that are present to such a significant degree to warrant downward departure: (1) Mr. Libby’s outstanding record of public service and prior good works; (2) collateral employment consequences for Mr. Libby, including the expected loss of his license to practice law; and (3) the improbability of any future criminal conduct by Mr. Libby.

The Probation Department also found that the aberrant behavior departure warrants consideration:

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More On Constitutional Moments

Professor Jack Balkin continues his fascinating discussion of Professor Bruce Ackerman's theory of Constitutional Moments.

I may be the only person here interested in this, but I still feel it mandatory to link it for you.

My previous discussions on this can be found here and here.

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