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Monday :: May 08, 2006

Medicare Enrollment Deadline Approaching

May 15 is the final day to sign up for Medicare drug enrollment. The article lists four primary groups of people who have not enrolled:

At the top of the list are those who have no drug expenses now. "They don't think they need a plan. But that's not right. You should enroll so you preserve your options for the future," he said. "The second group just thinks it's for low-income citizens. That's not true either," he said. Procrastinators make up the third group. Finally, some people just do not want to sign up for a government program, he said.

Unless I'm totally missing something, and I hope I'm not because I have not signed up my mother for the plan, there is another group for whom it does not make sense to sign up: Those with health insurance that pays prescription drug benefits. So long as the insurance company has sent you a letter saying that your current plan provides equal or better benefits than Medicare (called "creditable coverage"), there is no reason for you to enroll. The letter will be sent annually, and if the coverage goes below Medicare levels, you will be able to enroll in Medicare at that time without paying higher premiums for late enrollment. Here's the pertinent paragraph:

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Judge Denies Moussaoui's Motion to Withdraw Plea

Zacarias Moussaoui filed a motion to withdraw his guilty plea (pdf) today. He said that he did not trust his lawyers or the American jury system so he pleaded guilty to being a member of al Qaeda . He maintains he was not a part of the 9/11 conspiracy, didn't know the the details, and was to be part of a later plot against the U.S. This is what he has maintained all along, even on the day he pleaded guilty. The AP reports on the motion here.

Now that he has reviewed the jury's verdict, Moussaoui says he understands that he can receive a fair trial by American jurors, that they are able to put aside their disgust for him and their emotions and judge his case fairly.

Judge Lonnie Brinkema has already denied the motion (pdf) on procedural grounds:

Defendant's Motion to Withdraw must be summarily denied on the basis of Fed. R. Crim. P. 11(e) which provides that "[a]fter the court imposes sentence, the defendant may not withdraw a plea of guilty or nolo contendere, and the plea may be set aside only on direct appeal or collateral attack." Because defendant was
sentenced on May 4, 2006, his motion is too late and must be denied.

Here is the statement of facts which Moussaoui agreed to during his guilty plea hearing.

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Foggo Emails CIA: I Quit

by TChris

Kyle "Dusty" Foggo, the executive director and number three official at the CIA, emailed his resignation today. As this story confirms, the FBI is investigating Foggo's connection to the Cunningham scandal, hookers and all.

This article provides a nice summary of recent stories that explore the possible connection between the corruption investigation and the resignation of Porter Goss. This is Wonkette's latest take on the story.

TalkLeft's view of Goss' replacement, Michael Hayden, is here.

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Vanished From the Face of the Earth

Nat Hentoff's new Liberty Beat column in the Village Voice addresses the CIA's secret prisons. Why isn't Congress demanding an explanation from the President?

The cover has long ago been blown on these dungeons by Amnesty International, Human Rights Watch, Human Rights First, and the ceaseless researchers at NYU law school's Center for Human Rights and Global Justice. And in the Voice, I've been writing on what I can find out about them since the end of 2002.

But the CIA, the president, Alberto Gonzales, Condoleezza Rice, and Donald Rumsfeld have nothing to say about these gulags, which are wholly removed from American law and the international treaties we have signed.

The recently released Amnesty International report "Below the Radar: Secret Flights to Torture and 'Disappearance' " contains testimony from three men who were released from CIA secret prisons.

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UPI: Fitzgerald Close to Deciding on Rove Indictment

by TChris

We've been hearing these reports for some time now, but UPI reports today that "Special Counsel Patrick Fitzgerald reportedly is close to deciding whether to indict White House Deputy Chief of Staff Karl Rove for lying about a CIA leak."

An indictment of Rove could happen this month.

TalkLeft's most recent analysis of the charges that might be filed is here.

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Cop Replicates Search from "The Shield"

by Last Night in Little Rock

A search that was a virtual replica of a search of the person in the first episode of FX's "The Shield" (official site; academic review), an officer's reaching into a suspect's pants on the street to seize drugs hidden under his testicles was suppressed as unreasonable by the U.S. District Court for Minnesota. United States v. Williams, 2006 U.S. Dist. LEXIS 26410 (D. Minn. May 4, 2006).

The problem here was that the search precinct house parking lot and not in the building, a few feet away. At least the search in "The Shield" happened in an alley where others were less likely to see it, which was the point: No witnesses, no harm, no foul. Maybe the officers use "The Shield" as a training video.

From the case:

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Sunday :: May 07, 2006

Making Sense in the Immigration Debate


larger version

The Washington Post has an article today comparing the immigration debate today with that of a century ago. It nicely puts the lie to the claim that in the old days, people came to to the U.S., particularly Ellis Island legally, with permission. There was no permission necessary until 1918.

Until 1918, the United States did not require passports; the term "illegal immigrant" had no meaning. New arrivals were required only to prove their identity and find a relative or friend who could vouch for them.

Customs agents kept an eye out for lunatics and the infirm (and after 1905, for anarchists). Ninety-eight percent of the immigrants who arrived at Ellis Island were admitted to the United States, and 78 percent spent less than eight hours on the island. (The Mexico-United States border then was unguarded and freely crossed in either direction.) "

Another excellent read is this letter to the editor in the Aspen Daily News. Jordan E. Mollersten reminds us of the simple laws of supply and demand when it comes to the labor force. His argument makes a lot of sense to me.

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Continuing the Duke Lacrosse Players Discussion

There have not been any new developments this weekend in the Duke lacrosse players' alleged rape case, but there are over 200 comments on the last post, so I'm starting a new thread here.

I'll keep them coming as long as readers have an interest in discussing the case.

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Soprano's Open Thread: Show 9

Tonight's Soprano's episode is "The Ride," described as:

Christopher makes a surprise announcement; Paulie pays a price for cutting costs at an Italian Street Fair; Tony embraces the "old school."

There's a big photo of Bobby on the episode page, so he probably plays a big part. I hope there's not too much of Janice, she's like fingernails on a blackboard.

I can't believe we're already on Show 9 of the new and almost last season. I'm not feeling like a lot has happened -- Other than Tony being shot, Vito sticks out in my mind as the one major development. Maybe his "embracing the old school" means he agrees to order Vito taken out. Or he hooks up with the real estate agent.

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Michael Hayden: Warrantless Surveillance and Operation Trailblazer

LNILR wrote yesterday of Michael Hayden's lack of understanding of the Fourth Amendment.

I agree. I have previously written about his role in the failed Operation Trailblazer program and his endorsement of Bush's warrantless NSA electronic surviellance program. Hayden was in charge of the NSA when Bush's program went into effect and was called upon by Bush to be a spokesman supporting it.

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Leopold: Fitz Considering Obstruction Charge Against Rove


It's the e-mails, as Jason Leopold reported previously and reports again today. Those 250 pages of documents that Patrick Fitzgerald told Team Libby about in his January 23 letter (pdf) and turned over to the Libby defense team in February. I thought the e-mails were all from the Office of the Vice President, but Jason reports they are also from the Office of the President, and a review of Fitz's letter (page 7) shows this to be the case.

In February, TruthOut was the first to report the existence of the 250 pages of emails from Vice President Dick Cheney's office and the Office of the President that were written in mid-2003.

Some of the emails and memos were written by Rove, and are part of a growing body of evidence suggesting he lied to the grand jury and the FBI and may have obstructed justice during the course of the investigation. It was following their disclosure that Fitzgerald advised Rove's attorney, Robert Luskin, several weeks ago that he intends to indict Rove for perjury and lying to investigators. The lingering question, sources close to the case said, is whether Fitzgerald will add obstruction of justice to the list of charges that he has already drafted against Rove.

Sure, the Matt Cooper - Karl Rove conversation and Hadley e-mail is also an issue, one that likely will lead to a false statements and/or perjury charge for Rove. But Rove's failure to disclose these other communications is what reportedly has Fitz considering an obstruction of justice charge. Particularly e-mails between Rove and Andrew Card.

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R.I. Prison Guards Charged in Abuse Case

Students for Sensible Drug Policy alerts us to this disgusting case of prisoner abuse in Rhode Island:

Three state correctional officers, including a captain who allegedly forced an inmate to taste his own feces on Valentine's Day, were arrested and charged yesterday with multiple counts of assaulting five inmates in the Adult Correctional Institutions.

The arrests were the result of a three-month investigation launched by authorities after prison officials learned about the feces incident involving inmate Michael Walsh, 30, of East Providence. State police Maj. Steven G. O'Donnell said that other inmates came forward with allegations that they suffered physical abuse at the hands of correctional officers. State police detectives interviewed those inmates and were able to corroborate the allegations that resulted in yesterday's charges.

The inmates "were serving short sentences for crimes such as felony shoplifting and drug possession."

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