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Tuesday :: April 18, 2006

Rethinking Sex Offender Registration

by TChris

It was only a matter of time. As TalkLeft noted here, two men were murdered because their names and addresses appeared on a sex offense registry in Maine, making them easy targets for a vigilante. The man who killed them committed suicide when police contact was imminent, and his motives are unclear, but the victims were among 34 men he looked up on the registry.

Maine took down its registry. It's time for other states to do the same.

"This is a stark reminder that there's no evidence that online sex offender registries increase public safety," said Allen Gilbert, executive director of the Vermont ACLU. "In fact, they might just do the opposite."

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E-Mail Search Warrants Start Dec. 1

by Last Night in Little Rock

Last night I posted on FourthAmendment.com the Supreme Court's new proposed Federal Rule of Criminal Procedure 41 dealing with search warrants. Unless countermanded by Congress, which is highly unlikely, the rule change becomes effective December 1st.

And, it appears to me that e-mail search warrants will become possible. We already get e-mail through our cellphones, Pocket PC phones, and Blackberrys, so why not allow the police to receive search warrants that way? As a matter of common knowledge, we know that e-mail tends to be lax and lackadasical, fired off with less thought or usually without circumspection. One feels a shudder when a search warrant might be involved--breaking down the doors of homes and less than adequate information, sometimes without warning and creating danger for police and homeowner alike.

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Monday :: April 17, 2006

Tuesday Open Thread

It's time for the Tuesday Open Thread. The TL kid popped into town for a few days, and if there's anything I'd rather do than blog, it's hang out with him. Markos of Daily Kos is also in town, and of course I want to hang out with him too. I'm even going to be out and about by 8:30 a.m. to attend a coffee klatch with him at Progress Now at 9:00. So my blogging may be close to non-existent until this evening.

Join us tomorrow from 8:30 until 9 a.m. for an interview with Markos Moulitsas Zuniga, founder of DailyKos.com, live from the ProgressRadio webcasting studio. DailyKos is America's top blog, drawing more than 1,000,000 visitors each day. Tomorrow, beginning at 8:30 a.m., connect with Markos and ask questions at this web address. And if you're in the Denver-Boulder area, here's Markos' schedule.

Hopefully, TChris or LNILR will pop in a few times, and I may as well, but just in case you end up here on your own with little or no guidance or new posts, just use the comments as a place for you to have some fun.

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Should the Duke Accuser's Name be Published Now?

Tomorrow we will learn the names of the Duke lacrosse players accused of criminal activity in the alleged rape case.

Question: When their names are released, shouldn't the accuser's be as well? Charges are merely allegations, they are not proof. Why should the accused's name be public but not the accuser's?

If we want people to recognize that rape is a crime of violence, it is not about sex, and are serious about trying to remove the shame and stigma associated with rape, shouldn't we treat potential rape victims the same as stabbing and shooting victims -- whose names are routinely publicized?

The Duke accuser's name is on the internet. I've seen it. I'm not going to publish it or link to it tonight. I'd like to hear your thoughts. But this is like Kobe redux -- his name was dragged through the mud while the media refused to publish the accuser's name.

I think it's time for this double standard to end.

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Smile For the Camera

by TChris

Your movements are recorded as you walk the streets of major cities. You know that private security cameras watch you shop for sweaters, but city streets have always been anonymous, a place to be lost in the crowd. Until now. The hope of finding private moments in a public setting, you now realize, is so last century.

In New York, "wireless video cameras peer down from lamp posts about 30 feet above the sidewalk." Five hundred of them. New Yorkers paid $9 million dollars so their government could record their public meanderings. And that's only a start.

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More on Unclassified State Dept. Memo Showing 16 Words Were False

Jason Leopold and Truthout have published a June 10 recently declassified State Department Memo (pdf) from Carl Ford to Marc Grossman on Joseph Wilson's trip to Niger. The New York Sun earlier today posted a copy of the July 7 version of the memo. Jason writes:

Monday's declassified State Department memo was obtained over the weekend by The New York Sun under a Freedom of Information Act request the newspaper filed last July. The Sun's story Monday morning, however, did not say anything about the State Department's warnings more than a week before Bush's State of the Union address about the bogus Niger documents.

The memo was drafted by Carl Ford Jr., the former head of the State Department's Bureau of Intelligence and Research, in response to questions posed in June 2003 by I. Lewis "Scooter" Libby, Vice President Dick Cheney's former chief of staff, about a February 2002 fact-finding trip to Niger that former Ambassador Joseph Wilson undertook to investigate the uranium claims on behalf of the CIA.

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Defense ConfirmsTwo Sealed Indictments in Duke Lacrosse Case

Update: Defense lawyers confirm two players were indicted. The New York Times reports:

....defense lawyers had asked Nifong on Thursday and again today to issue public indictments so that anyone who was charged with a crime could voluntarily surrender. Ekstrand said Nifong refused the request, "so we'd be left in the dark." He said the situation meant students could be arrested in classrooms or paraded in front of the media. "I can't imagine any other reason but humiliation." he said in an interview while the grand jury was in session.

Update: Court sources tell WRAL there are two sealed indictments of players in the case.

Update: CNN reports there are two sealed indictments. Ordinarily, when Indictments are sealed, no one other than the prosecutors and grand jurors and the arresting authority responsible for executing the arrest warrant would know until the first person is arrested. It's doubtful the prosecutors would tell the defense lawyers. What's so silly about this is that sealed indictments are usually handed down to avoid tipping off a suspect who might flee if he got advance word. The prosecutor seems to be milking this for all it's worth.

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Duke: Kroger Security Guard Says "Ain't No Way" There Was a Rape

ABC has a tape recording of the Kroger security guard who made the second 911 call in the Duke case. It is a private investigator's interview made three weeks after the incident. Likely, this is a defense investigator. In it the guard says there is no way the woman had been raped.

The guard was on duty at the store on the night of March 13, when the two women pulled into the store's parking lot in a dark sedan. The alleged victim, who says three men held her down in a bathroom and kicked, strangled and raped her, was in the passenger seat.

On the tape, which was recorded April 3, three weeks after the lacrosse party, the guard can be heard saying, "There ain't no way she was raped -- ain't no way, no way that happened."

More inconsistencies by the second dancer:

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Duke LaCrosse: Were Pills Seized From House?

With all the speculation that the accuser was drugged, not just drunk, I just took another look at the return and inventory for the search warrant for the party house. Look at item number 28. Does it say "pills" or "bills"? They would take bills, like phone bills, to show indicia of residency or ownership of the house. Why would they take pills, when the warrant doesn't authorize them to search for pills? If pills were seized, I would think they would be suppressed from any future trial as being illegally seized.

There were no pills seized during the search of the dorm room of the since-suspended student who sent the offensive e-mail.

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Guilty Verdicts in Ex. Gov. George Ryan Trial

Verdicts: George Ryan and codefendant Larry Warner Found Guilty on All Counts. Reporters are saying that the Court didn't read each individual verdict in the public session. The jury was polled.
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Update: Defense lawyers will give press conference in a few minutes, Patrick Fitzgerald will give hold a press conference sometime after that.

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NY Sun Publishes Declassified INR Memo in PlameGate

Here is the declassified June 9 INR Memo (pdf) on Joseph Wilson and his trip to Niger. It discusses the February 19, 2002 meeting "convened by Valerie Wilson, a CIA WMD manager."

The Sun's headline is that the memo does not say Plame's status was secret, meaning classified or covert. Wilson says the memo's account of the meeting is inaccurate:

Mr. Wilson told the Sun yesterday that the State Department's account of how his trip was arranged was "absolutely inaccurate." The meeting was not convened by my wife," the former ambassador said. "She had, as it now turns out, the misfortune of having escorted me into the building. ... She left before the meeting started." He also said that the subject of his going to Niger did not arise until halfway through the session.

Mr. Wilson acknowledged that his wife drafted a memo describing his previous involvement with Niger, but he said she did so at the request of her supervisor. A Senate Intelligence Committee report issued in July 2004 said Ms. Plame "suggested his name for the trip."

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More Accolades For Murray Waas

Last week, NYU Journalism Professor Jay Rosen wrote that investigative Reporter Murray Wass, who has been a ground-breaking scribe on PlameGate since the beginning, is today's version of Bob Woodward in his Watergate days.

Howard Kurtz lauds Murray today in the Washington Post, writing "After a quarter-century in the journalistic shadows, Murray Waas is getting his day in the sun." Giving a reluctant and rare interview, Murray tells Kurtz:

"My theory is, avoid the limelight, do what's important and leave your mark. . . . If my journalism has had impact, it has been because I have spent more time in county courthouses than greenrooms," he says. When journalists are seen as pursuing stories to get "television appearances or million-dollar book contracts, it becomes much more difficult for us to play our role."

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