by TChris

People who are injured by the design or neglect of another are entitled to seek redress in civil court, but most crime victims wait for the criminal prosecution to resolve before they consider civil remedies. Eyebrows raise when an alleged crime victim is eager to pursue civil remedies. The prospect of a cash settlement can be a powerful incentive to embellish or fabricate a criminal accusation, and questions about the credibility and bias of a complainant who has a financial stake in her accusation are sure to arise.

The mother of the accuser in the Duke case says she is "very interested" in retaining a high profile civil litigator for her daughter. This story says the lawyer in question is playing the role of "family adviser" and hasn't spoken to the alleged victim.

Update: Froomkin weighs in.

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White House Press Secretary Tony Snow gave his first televised press briefing today.

Crooks and Liars has some video. Snow used the word "tar baby" in connection with the NSA warrantless surveillance program. "Tar baby?

Think Progress then explains to Tony the problem with using that term. Based on the context of the term, we believe you meant tar baby to mean: "a situation almost impossible to get out of; a problem virtually unsolvable."

But in "American lore," the expression tar baby is also a racial slur "used occasionally as a derogatory term for black people." Use of the term has resulted in people being fired.

Random House notes, "some people suggest avoiding the use of the term in any context." Now that you are no longer at Fox News, you may want to take them up on their advice.

by TChris

In response to reports that FBI agents have questioned American Muslims about their religious practices and the sermons they hear during prayer services, the ACLU made a Freedom on Information Act request for information about the FBI's surveillance of Southern California mosques and Muslims.

Local Islamic leaders said they enlisted the ACLU's help after the FBI provided little information in response to their allegations that the agency was monitoring them and their places of worship.

Islamic leaders are worried that the FBI's intrusion into religious activities might have a chilling effect upon Muslims who fear going to mosques.

In an e-mail, FBI officials said they would "address" the ACLU's request but did not say whether records would be turned over.

by TChris

Another source has confirmed yesterday's news that the FBI is snooping into the telephone records of journalists at ABC, the New York Times, and the Washington Post to determine who in the government may have leaked classified information to news outlets.

A former counterterrorism chief at the CIA, Vincent Cannistraro, told The New York Sun yesterday that FBI sources have confirmed to him that reporters' calls are being tracked as part of the probe. "The FBI is monitoring calls of a number of news organizations as part of this leak investigation," Mr. Cannistraro, who has worked as a consultant for ABC, said "It is going on. It is widespread and it may entail more than those three media outlets."

CBS reports that "this leak investigation" probably refers to the FBI investigation "of leaks of information about secret CIA prisons."

Karl Rove may not be going to court today, but I am. Here's an open thread for all things but Duke (separate open thread here). I'll be back at the end of the day.

With 232 comments on yesterday's post with news of Dave Evan's indictment, it's time for a new one. Just remember to put urls in html format so they don't skew the site. Instructions are in the comment box. And please, keep the dicussion civil.

Don't miss Law Professor Laurence Tribe in the Boston Globe today, Bush Stomps on Fourth Amendment, pertaining to the NSA warrantless surveillance.

Privacy apart, this president's defiance of statutes by the dozens is constitutionally alarming. But the matter goes deeper still. Even if Congress were to repeal the laws securing telephone privacy, or if phone companies found loopholes to slip through when pressured by government, the Constitution's Fourth Amendment shield for ''the right of the people to be secure" from ''unreasonable searches" is a shield for all seasons, one that a lawless president, a spineless Congress, and a complacent majority of citizens -- who are conditioned to a government operating under a shroud of secrecy while individuals live out their lives in fishbowls -- cannot be permitted to destroy, for the rest of us and our children

Via Sentencing Law and Policy:

The capital drama in Tennessee (background here and here) took another turn this morning as the Sixth Circuit in Alley v. Little, No. 06-5650 (6th Cir. May 16, 2006) (available here) refused to reconsider its decision to lift a district court stay based on a lethal injection claim. Five of the 12 voting judges dissented in a potent and brief opinion authored by Judge Martin. Here are portions of Judge Martin's dissent:....

Lethal injection litigation also led to a stay of execution in Texas.

The American Constitution Society today released a new white paper (pdf) on crack-powder sentencing disparity, examining whether the International Race Convention might provide some relief.

The federal criminal penalty structure for the possession and distribution of crack cocaine is one hundred times more severe than the penalty structure relating to powder cocaine. Blacks comprise the vast majority of those convicted of crack cocaine offenses while the majority of those convicted of powder cocaine offenses are white. This disparity has led to inordinately harsh sentences disproportionately meted out to African American defendants that are far more severe than sentences for comparable activity by white defendants. Indeed, the U.S. Sentencing Commission reported that revising this one sentencing rule would do more to reduce the sentencing gap between blacks and whites "than any other single policy change," and would "dramatically improve the fairness of the federal sentencing system."

The American Constitution Society will be holding its annual convention, Democracy and the Rule of Law from June 16 to 18 in Washington, D.C. The complete schedule of speakers is here.

Friday's Convention events will begin with an opening plenary session focusing on the separation of powers, entitled "Restoring the Balance among the Branches," and featuring former Senator Gary Hart, Dawn Johnsen, Harold Koh, Douglas Kmiec and Beth Nolan. Afterwards, a series of breakout sessions will address subjects including: litigating civil liberties cases since 9/11; redistricting; constitutional checks and balances; and the implications of recent exonerations for the criminal justice system.

Former Solicitor General Ted Olson will be representing Michael Skakel in his appeal of the CT Supreme Court's affirmance of his murder conviction to the U.S. Supreme Court.

Attorney Hope Seeley, who also represents Skakel, has said the appeal would likely focus on the statute of limitations, evidence not turned over during the trial and the decision to try Skakel in adult court even though he was 15 at the time of the crime.

Skakel was convicted of murdering Martha Moxley when they were both 15. I think the statute of limitations is a great argument. As I wrote here when the opinion (pdf) came down:

There's a great profile of Murray Waas in US News.com -- I'm so glad to see his great reporting be acknowledged.

With the publication in recent months of his news-breaking stories on the Bush administration's involvement in manipulating prewar Iraq intelligence - particularly its attempt to discredit former Ambassador Joseph Wilson and to out his CIA operative wife, Valerie Plame - Waas has gotten a sometimes bitter taste of what he refers to as his "five minutes of fame." He's now dealing not only with sources and editors but also pesky cable television bookers who never get the answer they want and new interest in his personal and professional life.

Murray explains why he won't go on tv. But my favorite quote is this: