by TChris

Remember when John Ashcroft assured us that the Patriot Act wouldn't be used to access library records? Raw Story has a nice piece that explains how the government kept the truth quiet until the Patriot Act was reauthorized.

[Connecticut] Librarians, members of Library Connection, a not-for profit cooperative organization for resource sharing across 26 Connecticut library branches sharing a centralized computer, were served with a National Security Letter (NSL) in August of last year as part of the FBI's attempt to attain access to patron's records. ...

On September 9 of last year, a federal judge lifted the gag order and rejected the government's argument that identifying the plaintiff would pose a threat to national security.

Yet the government continued to appeal the case throughout the reauthorization debate, passionately arguing that not a single incident of civil liberties violations by the Patriot Act had occurred. By continuing the appeal, the government effectively silenced any evidence to counter their claims.

I'm headed up to Aspen for the NORML Legal Seminar. I'll be blogging from Aspen tomorrow through the weekend, with an edited report of our Saturday day trip to Hunter Thompson's Owl Creek Farm where I hear Jimmy Ibbotson of Dirt Band fame, will be performing his brand-new anti-drug war song. Anita (Thompson) is putting together a souvenir booklet of some of Hunter's writings on defense lawyers. If you are a defense lawyer, it's not too late to attend -- just show up to register.

Here's some news from the rest of the world:

• Sen. Barbara Boxer calls for troop pullout from Iraq - by Thanksgiving.

• The Government says Congressman William Jefferson tried to hide his papers. Some are praising Congressman Sensenbrenner for his demand for info on the raid. Not me. He's a menace. He's behind some of the worst proposed legislation out there -- from the most punitive immigration bill in history to his "five years for passing a joint bill" and "snitch or go to jail bill."

• A federal judge has ruled the Government must release information about monitoring converstations beween detainees and defense lawyers. The New York Times reports:

by TChris

Last year, TalkLeft discussed the inability of prosecutors to admit their error in convicting Larry Peterson, despite the mountain of new evidence (including DNA) that proved he wasn't the person who raped and murdered Jacqueline Harrison. Although Peterson was granted a new trial on the strength of the new evidence, the TalkLeft post predicted that prosecutors would drop the case in the face of overwhelming evidence of Peterson's innocence. Happily, that happened on Friday, but as this editorial opines, it took much too long.

After initially opposing Peterson's requests to conduct DNA tests, the prosecutor's office received clear scientific evidence in February 2005 that Peterson was wrongly convicted. Yet [prosecutor Robert] Bernardi effectively prevented Peterson from being released on bail for six more months.

Peterson remained charged, awaiting possible retrial, for 15 months after the DNA results were known. That's a disturbing application of the prosecutor's power. Once he possessed such urgent information, it shouldn't have taken an officer of the criminal justice system so long to conclude this case. Bernardi should have moved as swiftly as if it were his own brother behind bars.

Even more disturbing than the prosecution's refusal to concede its mistake is the role it played in obtaining Peterson's conviction.

Al Gore told the Guardian the Bush administration is a band of right-wing extremists. He also repeated his now familiar refrain that he is a "recovering politician." Yet when the Guardian pressed him on a 2008 run, he gave non-definitive denials.

My prediction remains that he won't run. Here's more from the Guardian:

At the weekend, Time magazine reported that he was telling key fundraisers they should feel free to sign on with other potential candidates. The magazine quoted unnamed Democratic sources as saying that the former vice-president had also been asking the fundraisers to "tell everybody I'm not running".

I just found out from some e-mails that one of the Montel Williams shows in his What's America Talking About series which I went to New York to tape a few weeks ago aired today.

Topics include immigration, gasoline prices, the Duke lacrosse case and Iran's nuclear capability. Panelists include MSNBC's Rita Crosby, former New Jersey governor Christine Todd Whitman, defense lawyer Jeralyn Merritt, criminal investigator Rob Wheeler and actor Esai Morales.

Montel repeats at night in some markets, but not Denver. If anyone gets the repeat and can tape it on VHS or DVD for me and send it to me, it would be much appreciated. I'd be glad to cover the cost and send a copy of Eric Boehlert's Lapdogs in return -- or give you a gift certificate for iTunes. The show is on vacation now, so I can't ask them.

It was a very spirited discussion -- I remember being very emphatic about how we need to legalize the undocumented.

The next one should air June 7 -- Lou Dobbs, Joe Trippi and actor Joe Pantaleone are also on.

by TChris

Driving while black is a too-common reason for traffic stops. In Eastpointe, Michigan, bicycling while black was viewed as sufficient reason to stop bicyclists, according to a lawsuit filed "on behalf of black youths from Detroit who said police violated their constitutional rights by unfairly stopping and searching them as they rode their bikes."

The City maintains its officers did nothing wrong, but it agreed to pay $160,000 to settle the claims of 21 kids who were stopped by Eastpointe police.

The settlement comes less than a year after the U.S. 6th Circuit Court of Appeals overturned U.S. District Judge John O'Meara's 2003 dismissal of the case. The appellate court expressed concerns about potential Fourth Amendment violations and said there was enough evidence of racial discrimination and illegal searches by the police department to take the case to a jury trial.

Three days off means catching up on four days of work. For those of you not so hamstrung today, here's a space for you to keep us up to date.

Ok, there's not much news in the Duke case but it's time for a new thread. Here's an article on how defense lawyers are presenting a unified defense. Dave Evans' lawyer Joe Cheshire says:

Unindicted players and their lawyers would not be sticking together unless "every single one of them knows that they're innocent."

by TChris

The Supreme Court has long held that public employees do not have an unfettered First Amendment right to speak freely without fear of losing their jobs. In the past, the Court has protected employees who speak out on a matter of public concern (including blowing the whistle on governmental misconduct), but not when the employee speaks about private concerns. If the employee's speech addresses a public concern, the Court balances the employee's interest in speaking freely against the government's interest in avoiding disruption of the workplace. (Note: this is a simplified and necessarily incomplete summary of a complex body of law. To understand the two tests more fully, read Connick v. Myers and Pickering v. Board of Ed.)

The Court today added a new wrinkle to its analysis. In a 5-4 decision, the Court denied First Amendment protection to Los Angeles prosecutor Richard Ceballos, who "wrote a memo questioning whether a county sheriff's deputy had lied in a search warrant affidavit." Ceballos argued that he was "demoted and denied a promotion for trying to expose the lie." While this would seem to be a classic instance of whistleblowing -- the kind of speech by public officials that should be encouraged -- the Court held that Ceballos was discharging his official duties when he wrote the memo, and that he was not entitled to the same protections he would have had if he had been speaking out against the lie as a private citizen.

Steve Silberman at Wired: Don't Try This at Home:

Garage chemistry used to be a rite of passage for geeky kids. But in their search for terrorist cells and meth labs, authorities are making a federal case out of DIY science.

What's the problem with stifling home-grown chemists?

The lure of do-it-yourself chemistry has always been the most potent recruiting tool science has to offer. Many kids attracted by the promise of filling the garage with clouds of ammonium sulfide - the proverbial stink bomb - went on to brilliant careers in mathematics, biology, programming, and medicine.

Marines Lance Cpl. Andrew Wright, 20, and Lance Cpl. Roel Ryan Briones, 21 were sent into Haditha to recover the bodies of those killed by fellow marines. According to their families, both suffered severe trauma as a result.

Briones' best friend, Lance Cpl. Miguel "T.J." Terrazas, had been killed the day of the attack by the roadside bomb, his mother said. He was still grieving when he was sent in to clean up the bodies of the Iraqi civilians.

One was a little girl who had been shot in the head, Susie Briones said. "He had to carry that little girl's body," she said, "and her head was blown off and her brain splattered on his boots."

There's been some great blogging this holiday weekend. Many thanks to TalkLeft commenter Squeaky for assembling the first, and I hope not the last, edition of Squeaky's Sightings:

• Jane's Sunday Syllogism. (I'll add: Also check out Jane's tribute to Duane Allman and this rare 1970 footage of the Allman Brothers performing Whipping Post.)

• Atrios on Timmeh

• Empty Wheels awesome two-part Plame Story narrative.

• Crooks and Liars' Late Night Music Club with Wes Montgomery and Benny Goodman and Gene Krupa. (I'll add John's link to Tom Petty, Jeff Lynne and Prince performing "While My Guitar Gently Weeps.")