
Maher Arar, the Canadian who was kidnapped by U.S. authorities at JFK and flown to Rome, Italy and then Syria and Jordan via extraordinary rendition where he alleges he was tortured during his nine months of captivity, testified today at a hearing of the European Parliament, held by the Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners.
Mr. Arar told the EU committee that FBI agents took his passport, put him in chains on both his wrists and ankles and asked him to voluntarily to go to Syria. He refused. After several days of interrogation in New York, he said he was driven to New Jersey and put on a private jet that stopped over in Rome before landing in Amman. "I overheard them saying they belonged to a special removal unit," he said.
Mr. Arar said he could see on the airport's in-flight screen showing the trajectory of the flight that it landed in Rome. He said he overheard officials discussing the plane's next stop in Athens. He said the plane refuelled in Rome and tall person in a civilian suit guarded it on the tarmac. Once in Syria, Mr. Arar said, he was detained in a small cell with no light and was beaten and tortured. He said he also heard other people being tortured.
A U.S. court dismissed his civil lawsuit last month, but Arar says he will appeal and not be silenced. A summary of his testimony appears on the E.U.'s website here.
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The jury in the corruption trial of Former Illinois Governor George Ryan, who commuted the death sentences of all of the state's death row inmates because so many had been wrongfully convicted, sent a note to the Judge today saying they were having difficulty reaching a verdict. The judge didn't give them a dynamite instruction, but instead told them to "treat each other with dignity and respect." She also warned them not to deliberate in smaller groups.
The Judge said the jurors are having personal problems. If you haven't been following the case,
The charges allege that as secretary of state and later as governor from 1999 to Ryan steered big-money state leases and contracts to Warner and other insiders and was rewarded with free vacations and gifts. Ryan and Warner maintain they did nothing illegal.
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Have you been to your local jail lately? That's where I'm headed, so if you've got stuff to talk about, here's some space. I'll be back late this afternoon.
- Crooks and Liars has the video of Russ Feingold on the Daily Show.
- Jane at Firedoglake has the latest unhinging of Joe Lieberman
- Avedon Carol at Sideshow has her usual great roundup
- Sentencing Law and Policy reports on a new paper with a reasoned approach to dealing with sex offenders -- one that "draw[s] upon lessons learned from the past and New York's experience with legislation that was driven by fear and political rhetoric -- the Rockefeller drug laws."
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What a ridiculous waste of law enforcement resources.
Texas has begun sending undercover agents into bars to arrest drinkers for being drunk, a spokeswoman for the Texas Alcoholic Beverage Commission said Wednesday.
The first sting operation was conducted recently in a Dallas suburb where agents infiltrated 36 bars and arrested 30 people for public intoxication, said the commission's Carolyn Beck. The goal, she said, was to detain drunks before they leave a bar and go do something dangerous like drive a car.
[hat tip to Mish.]
Update: Punchy in the comments notes: "They were also going into hotel bars--a place were people had absolutely no intention of driving, and busting them. Claimed they may drink too much and jump off the balcony."
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We've written several times about the danger of the Carl Levin - Lindsay Graham Amendment to John McCain's anti-torture Amendment and how it would strip Guantanamo detainees of their right to bring habeas actions challenging the conditions of their confinement, including claims of torture and inhumane treatment in federal courts. (More here. Also see these Boston Globe , New Jersey Herald and San Francisco Chronicle editorials.)
Sure thing, Bush Administration prosecutors Wednesday argued to dismiss more than 200 of the lawsuits saying the Detainee Treatment Act of 2005 retroactively stripped the court of jurisdiction.
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Very few law enforcment practices are more inisidious than the perp walk. The National Law Journal has an article (free link here) on how to avoid them in white collar crime cases. It begins by telling us who was responsible for creating them: Rudy Giuliani.
Rudolph Giuliani is given credit for "patent[ing] the perp walk" for white-collar defendants during his tenure as U.S. Attorney for the Southern District of New York. ...When the time came to arrest three prominent Wall Street traders and bankers that his office accused of insider trading, Giuliani directed that the defendants be arrested at their offices, handcuffed and escorted from the building to a mob of press that had been previously alerted. Charges against one of the defendants were dismissed, although damage to his reputation based on the perp walk and media frenzy was irreparable.
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Washington Post Photo
Bump and Update: Sgt. Michael Smith got a six month sentence today for abusing detainees at Abu Ghraib and using his dog to engage in lewd acts. Is anyone else outraged?
Bump and Update (3/21 7:09 pm): What should Sgt. Smith's sentence be? There was a lot of emotional testimony from his father and sister-in-law as the sentencing hearing got underway today. Prosecutors said they will wrap up tomorrow. Their witness was "not available."
Prosecutors had planned to call a civilian expert to testify that terrorist groups are recruiting and inciting violence with the help of the infamous snapshots of U.S. troops mistreating prisoners at Abu Ghraib. But the witness was not available.
Sgt. Smith testified at the sentencing, but it doesn't sound like a real acceptance of responsibility to me. He said if he had it to do over again, he'd get his instructions in writing, to cover his as*:
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by TChris
Elected city officials feel pressure to respond to constant constituent complaints about neighborhood drivers who speed or try to make it through an intersection as the light is turning red. The officials sometimes designate "traffic enforcement days," where officers are diverted from their routine duties and assigned to set up speed traps or watch for red signal violations. But it doesn't make sense to divert officers from more pressing duties for long periods of time, and cities don't want to spend the money to hire more traffic cops.
Some elected officials have responded to this dilemma by substituting cameras for cops. The cameras record violations and appropriate tickets are sent to the vehicle's owner. The idea works if the camera actually captures the driver's face, and if the driver is also the car's registered owner, but without a face shot, it's difficult to prove that the owner was actually the offending driver.
Minneapolis thought it would be clever to declare vehicle owners to be the presumptive drivers, while shifting the burden to the owner to prove that he or she wasn't the person who ran the red light. As the result of an ACLU of Minnesota challenge, Minneapolis has learned that it can't dismiss so readily the presumption of innocence, even in a traffic case.
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There's a knock on your door. The police are there, asking if they can come in and search. You and your wife answer the door. Your wife says yes, you say no. Can the police come in and search?
The Supreme Court said "no" today -- when both parties are present and one objects, the police cannot come in.
- A divided U.S. Supreme Court ruled on Wednesday that the police cannot enter a home and seize evidence without a warrant when one occupant agreed to the search after the other occupant refused permission. By a 5-3 vote, the high court said the husband's refusal in a case from Georgia was clear, making the search unreasonable and invalid, despite his wife's approval for it.
The narrowly written ruling was a defeat for the state of Georgia and for the U.S. Justice Department, which had argued that the search of a residence should be allowed when one occupant consents, even if the other occupant objects.
Judge Alito did not participate. Roberts, Scalia and Thomas dissented. Souter, who wrote the majority opinion, criticized Roberts' dissent:
Under the dissent's view, he wrote, "The centuries of special protection for the privacy of the home are over."
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by TChris
Last year, TalkLeft reported that Sen. Leahy was contemplating legislation to curb the administration's abuse of the material witness law. Leahy introduced that bill in the Senate, and Rep. Jeff Flake says he'll introduce a similar bill in the House. Momentum for reform is building as the administration's abuse of the material witness law becomes more obvious.
Recent prosecutions, lawsuits and internal investigations by the government have all focused attention on the potential misuse of the material witness law in terrorism investigations. The Justice Department, for instance, recently opened an inquiry into 21 instances of possible misuses of the law, its Office of the Inspector General said. A Justice Department spokesman would not elaborate on the inquiry, by the department's Office of Professional Responsibility, or name the detainees involved.
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The ACLU and Students for Sensible Drug Policy are filing a federal lawsuit today against the Department of Education and Secretary Margaret Spellings. The suit challenges the constitutionality of the law that strips college financial aid from students with drug convictions. The New York Times wrote about it here.
The policy has already derailed or destroyed the academic careers of nearly 200,000 would-be students since being enacted in 2000. Drug offenders are the only class of people automatically denied aid - murderers, rapists, arsonists, burglars, etc are still eligible.
A full copy of ACLU/SSDP's complaint is on the site, for your perusal.
Most importantly, they are looking to find more plaintiffs for this class action lawsuit. More information on the case is on their site.
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Lawyers for Zacarias Moussaoui had another good day in court today. Retired FBI Agent acknowledged during cross-examination that he had never read another agent's memo, sent to his office, saying he suspected Moussaoui was a possible terrorist with plans to hijack an airline.
Called as a government witness, Rolince, a 31-year FBI veteran who retired last October, proved to be more valuable for attorneys defending the only man charged in this country in connection with al-Qaida's Sept. 11, 2001, attacks on the World Trade Center and the Pentagon....defense attorney MacMahon was able to extract from Rolince more embarrassing revelations about FBI handling of terrorism intelligence before 9/11.
The defense is also asking for the judge to amend the language in its ruling on the aviation evidence. They say the wording of the Judge's order has allowed the Government to expand its theory for the death penalty from one that alleges Moussaoui's lies directly resulted in at least one death on 9/11 to one that claims his failure to tell the truth on 9/11 caused a death. As they note in their motion (pdf) filed today,
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