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:

Bush is speaking now on immigration. What do you think?

News analysis here.

Update: He supports a 5 part program.

1. Must secure borders. It must be open to trade and lawful immigration and shut to illegals, drug dealers and terrorists. By the end of 2008, border patrol officers will increase by 6,000. Will install high tech fences, motion censors, etc. along the borders.

Immediate steps: Use the National Guard, up to 6,000 guard members will be deployed to the southern borders. They will not be involved in direct law enforcement activities. For one year. We will not militarize our borders.

Comment: Did Bush just make the second most unpopular proposal of his presidency, after the War in Iraq? I think so. This will cause outrage among many different groups, including those who have previously supported him.

Robert Luskin, Karl Rove's attorney, has officially denied the allegations in Jason Leopold's article reporting Rove has been indicted and that there was a Fitzgerald-Luskin meeting on Friday.

I received the denial directly from Robert Luskin this afternoon.

1. Luskin stands by his April 26 statement in its entirety.

2. Karl Rove's status has not changed. They remain confident Fitzgerald will decline to bring any charges.

3. There is "no truth whatsoever" to any of Jason Leopold's recent stories about Karl Rove's resignation, the alleged meeting in his office or the Indictment. The denial he gave me Saturday night was and was intended to be "all purpose."

4. As far as he knows, Patrick Fitzgerald was in Chicago on Friday.

5. People should not interpret their "unwillingness to comment on every wild and malicious rumor as a change in position."

Duke Lacrosse team co-captain Dave Evans was indicted today for forcible rape, sexual assault and kidnapping by the Durham grand jury in the Duke alleged rape case.

Evans is represented by Joe Cheshire. I know Joe, and he is a great attorney.

Press Conference: An absolutely compelling denial. [Update: Video here.]

Live blogging:

Dave is here to surrender, he will bond out today.

David wants to make a statement. He won't take questions. Joe will then make a statement and take questions. All seniors on Duke lacrosse team are present. They are there to support the three charged players as they know no crime was committed on the evening in question at that house. They won't answer questions either. Evans' parents are there. Evans has been wrongly accused.

Think Progress reports that Karl Rove gave a lecture this morning at American Enterprise Institute. During the Q and A, reporter David Corn asked him why he denied to Scott McClellan that he was involved in the Valerie Plame leaks probe. Video is here.

From the transcript:

CORN: David Corn from "The Nation Magazine" on a different subject. Scott McClellan told the White House press corps, many who are here today, that he had spoken to you and you were not involved in the CIA leak. Can you explain why the American public, almost two and a half years later, hasn't been given an explanation and don't you think it deserves one for that misinformation because it does seem you were to some degree, though maybe disputed, involved in that leak?

ROVE: My attorney Mr. Luskin made a statement on April 26th. I refer to you that statement. I have nothing more to add to it. Nice try, though.

Think Progress reports that ABC investigative reporters say that the Government is monitoring their phone calls to ascertain their confidential courses.

A senior federal law enforcement official tells ABC News the government is tracking the phone numbers we call in an effort to root out confidential sources.

"It's time for you to get some new cell phones, quick," the source told us in an in-person conversation.

The ABC reporters continue:

Karl Rove's spokesman, Mark Corallo, called me at 8:20 a.m. Mountain Time today. He said someone had read him my post over the phone about my conversation with Jason Leopold (and he had picked up my voice-mail from Saturday night) and he wanted to respond. Here is Mr. Corallo's version:

1. He has never spoken with someone identifying himself as "Jason Leopold." He did have conversations Saturday and Sunday along the lines I described, but the caller identified himself as Joel something or other from the Londay Sunday Times. The calls were to his home number. At one point during their last conversation, he offered to call Joel back, and was given a cell phone number that began with 917. When he called the number back, it turned out not to be be a number for Joel.

2. Josh Gerstein and Byron York called him, not the other way around.

3. There was no meeting or communication between Luskin and Fitzgerald on Friday. Bob was not in the office on Friday at all. He was home, taking care of a sick cat.

4. Karl Rove did not tell the President he would resign.