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Thursday :: December 07, 2006

Feds Move to Block Jose Padilla Subpoenas

Jose Padilla's defense lawyers have subpoenaed Department of Defense officials and records pertaining to his treatment during his three years in the South Carolina brig.

Today, the feds moved to quash the subpoenas in an effort to prevent the defense from introducing evidence of his treatment and conditions of confinement at trial.

What the defense asked for:

Defense attorneys have issued subpoenas for at least four military officials, including a security officer and technical official at the Navy brig in Charleston, S.C., where Padilla was jailed. They have also subpoenaed Maj. Gen. D.D. Thiessen, commander of U.S. Marine forces in Japan, about treatment of other enemy combatants, according to court documents.

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Mich. Prison System Held in Contempt of Court

A federal judge in Michigan has found the state's the DOC in contempt of court. He ordered DOC to provide more prison doctors and nurses within four months. He's threatened the DOC with a $2 million fine.

He said a prisoner deserves to serve his sentence, not face delays in treatment.

"What he does not deserve is a de facto and unauthorized death penalty at the hands of a callous and dysfunctional health care system that regularly fails to treat life-threatening illness," Enslen wrote.

This isn't the Judge's first ruling taking the DOC to task.

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Specter Introduces Bill to Protect Attorney-Client Privilege

Sen. Arlen Specter has introduced a much-needed bill to protect the attorney-client privilege.

The bill is titled the Attorney-Client Privilege Protection Act of 2006 (ACPPA).

The ACPPA would prohibit government lawyers from forcing organizations into:

  • Disclosing information protected by the attorney-client privilege or work product doctrine;
  • Refusing to contribute to the legal defense of an employee;
  • Refusing to enter into a joint defense strategy with an employee;
  • Refusing to share relevant information with an employee; and
  • Terminating or disciplining an employee.

As for why it's needed:

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Leahy and Specter Introduce Bill to Restore Habeas

This hasn't gotten enough play in the media.

Sen. Arlen Specter and Patrick Leahy on Tuesday introduced S. 4081 to eliminate the habeas corpus- stripping provisions of the Military Commissions Act. The text of the bill is available in the Congressional Record and follows below.

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Journalists in Prison 2006

Blogging or reporting on the web can be a risky endeavor in some countries. Many have lost their liberty because they told the truth or expressed their opinions.

The number of journalists jailed worldwide for their work increased for the second consecutive year, and one in three is now an Internet blogger, online editor, or Web-based reporter, according to an analysis by the Committee to Protect Journalists.

About half of the world's imprisoned journalists are print reporters (including editors and photographers), but web-based journalists are increasingly losing their freedom.

China, Cuba, Eritrea, and Ethiopia were the top four jailers among the 24 nations who imprisoned journalists.

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Howard Dean Calls for New Election in Florida House Race

Howard Dean took up Cristine Jennings' cause today, calling for a new election in the Florida House race:

State officials certified Buchanan as the winner by just 369 votes. But Jennings claims that touch-screen voting machines in Sarasota County malfunctioned in the U.S. House District 13 race and possibly cost her the election.

More than 18,000 Sarasota County voters who marked other races didn't have a vote register in the House race, a rate much higher than the rest of the district.

'There are 18,000 people who may have voted, and we don't know what happened to their votes. You can bet that if the Republicans were 500 votes short they'd be calling for a new election, and they'd be right,' Dean said.

This is the seat formerly held by Katherine Harris. The winner has been declared to be Republican Vern Buchanan.

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7,000 a Year Die in U.S. Prisons

Sometimes we focus more on prison abuses abroad than we do at home. The first is not more important than the second as Ira Robbins points out in the Baltimore Sun.

While the alleged human rights abuses of prisoners detained in Guantánamo Bay and the Middle East have sparked widespread criticism and debate in this country and abroad, surprisingly little attention has been focused on the treatment of citizens imprisoned within our borders. Each year, approximately 7,000 Americans die in U.S. prisons and jails. Some of these deaths are from natural causes, but many more result from mental disorders left undiagnosed and diseases left untreated.

The abhorrent quality of correctional health care not only violates prisoners' constitutional rights, it costs taxpayers millions of dollars and threatens the general health of communities surrounding these facilities. Understanding why prisoners die is an essential first step in identifying the major pitfalls of our health care system. Passing legislation to correct these problems is the crucial next step. Therefore, Congress should extend and strengthen the Deaths in Custody Reporting Act, or DICRA, before it expires at the end of this year.

Say Hello to Dicra:

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Wrongful Death Suit Settled Against Chattanooga Police

Leslie Vaughn Prater will be the last person who needlessly dies in police custody if his mother has her way. Prater suffocated as four Chattanooga police officers held him face down on the ground.

Prater negotiated a settlement of her wrongful death lawsuit that helps educate the city's officers.

Loretta Prater, a Southeast Missouri State University administrator, will teach three classes at the Chattanooga police academy about the death of her 37-year-old son, Leslie Vaughn Prater, said Sgt. Tom Layne Wednesday. She said her sessions with police recruits would give them a "sense of how important their role is when they are out there on the street."

The facts surrounding Prater's death aren't pretty.

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House Rejects Bill on Notice of Pain to Fetuses


The House of Representatives today rejected the Republican-sponsored bill that would have required notice to women getting abortions that the fetus might feel pain.

In the House, Republican leaders gave its anti-abortion base one final shot at abortion legislation before Democrats take over control of the agenda.

The House rejected a proposal that would have required abortion providers to inform women at least 20 weeks pregnant that abortions cause pain to the fetus. The vote was 250-162, short of the two-thirds majority needed under a procedure that limited debate.

The bill defined a 20-week-old fetus as a "pain-capable unborn child." That's a controversial threshold among scientists, who don't agree on whether a fetus at that stage of development feels pain or reflectively draws back from stimuli. Abortion has been legal in the United States since a 1973 Supreme Court ruling.

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Reaction to Iraq Study Group Report

Two worth noting:

Sen. Russ Feingold on Countdown (Crooks and Liars has the video):

The fact is this commission was composed apparently entirely of people who did not have the judgment to oppose this Iraq war in the first place, and did not have the judgment to realize it was not a wise move in the fight against terrorism. So that's who is doing this report. Then I looked at the list of who testified before them. There is virtually no one who opposed the war in the first place. Virtually no one who has been really calling for a different strategy that goes for a global approach to the war on terrorism. So this is really a Washington inside job and it shows not in the description of what's happened - that's fairly accurate - but it shows in the recommendations. It's been called a classic Washington compromise that does not do the job of extricating us from Iraq in a way that we can deal with the issues in Southeast Asia, in Afghanistan, and in Somalia which are every bit as important as what is happening in Iraq. This report does not do the job and it's because it was not composed of a real representative group of Americans who believe what the American people showed in the election, which is that it's time for us to have a timetable to bring the troops out of Iraq.

Al Gore on the Today Show:

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Apprentice 6: Art Imitates Life?

Apprentice 6 will be filmed in LA instead of New York this year. That's not the only change. It will focus on the haves vs. haves nots:

In a compelling social experiment of haves and have nots, contestants this season will have to earn the right to live like Trump.

Each week, the contestants on the winning team will get to live in a luxurious mansion. But contestants on the losing team will have to sleep outside in tents in the back yard of the mansion with outdoor showers and port-a-potties, giving contestants more incentive than ever to win their tasks each week.

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Gates Confirmed as Defense Secretary

By a vote of 95 to 2, Robert Gates was confirmed Wednesday as our new Defense Secretary.

Senate Democrats and Republicans lauded Gates's frankness after a day of testimony Tuesday in which he acknowledged that the United States is not winning in Iraq, and said that historians would have to judge whether the decision to invade Iraq in March 2003 was correct. He also pledged to take a fresh approach to Iraq in which "all options are on the table."

Who voted against him? Two Republicans, Jim Bunning (Ky.) and Rick Santorum (Pa.)

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