by TChris

The Lawyers' Committee for Civil Rights Under Law worries (with good reason) that Judge Alito, if confirmed, would further erode the Supreme Court's willingness to interpret civil rights laws as Congress intended: to benefit victims of discrimination.

During his 15 years on the bench and participation in thousands of cases, Judge Alito has never written an employment discrimination opinion in favor of an African American on the merits of their race claim. Judge Alito attempted to downplay this point by referencing five cases where he was supposedly supportive of race-based claims. However, our research revealed that these five cases do not support the argument made by Judge Alito and his supporters.

The full text of the Lawyers' Committee's Senate testimony is here (pdf).

Update: The e-mail spammers hit the comments. Registration is back on. If anyone has trouble getting their comment posted, please email Mike Ditto. Also, I don't like anonymous comments because you can't tell if it's ten people or one person commenting ten times. Thanks.

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I'm told there's a bug in the commenting registration system today. Until it's fixed, I'm turning off the comment registration requirement.

So here's an open thread, and comments are open across the site. Please read the commenting rules, they remain in effect, and if your comment doesn't conform, it likely will be deleted sometime between now and Monday. Here are the two major rules:

• Name-calling, personal attacks, racist comments or use of profanity by any commenter, whether they are by persons who agree or disagree with the views expressed by TalkLeft will not be tolerated and will result in the deletion of the comment and the banning of the commenter's ISP address, without notice.

• URL's within the body of the comment must be in html format or they will be deleted as they skew the site. Instructions are in the comment box.

by TChris

Senator Feingold wants the White House to disclose information about its domestic spying so that a meaningful hearing can be held on Feb. 6, when the Senate Judiciary Committee is scheduled to investigate the administration's illegal actions.

Specifically, Feingold asked President Bush to make his staff available to discuss the program, as well as the use of automated data analysis, or "data mining," of domestic communications.

"In addition," Feingold wrote in the letter to Bush, "please provide information about who within the executive branch reviewed, approved or otherwise knew about your authorization of wiretaps in the United States without a FISA order, and when."

The (predictable) response:

The White House suggested it wouldn't meet Feingold's request.

No kidding.

Not only did President Bush defend the pictures of him and Jack Abramoff yesterday, he reaffirmed that the White House will not release them to the public.

Abramoff raised at least $100,000 for Bush's re-election campaign. The White House has said Abramoff participated in meetings with staff members.

Our Imperial President is once again trying to set the rules. This is the third investigation in which he is asserting "presidential perogative," the other two being the NSA surveillance program and Katrina.

Noel Hillman has been leading the Abramoff lobbying investigation for two years. He's about to leave it because President Bush has nominated him for a federal judgeship.

The prosecutor, Noel L. Hillman, is chief of the department's public integrity division, and the move ends his involvement in an inquiry that has reached into the administration as well as the top ranks of the Republican leadership on Capitol Hill.

....Colleagues at the Justice Department say Mr. Hillman has been involved in day-to-day management of the Abramoff investigation since it began almost two year ago. The inquiry, which initially focused on accusations that Mr. Abramoff defrauded Indian tribes out of tens of millions of dollars in lobbying fees, is being described within the department as the most important federal corruption investigation in a generation.

Democrat Senators Chuck Schumer and Ken Salazar and two Congressman say this is even more reason to appoint a special prosecutor and wrote Attorney General Alberto Gonzales a letter yesterday requesting he appoint one:

There's movement in the Scooter Libby case today. Tom Maguire has the basics and the news links to Libby's latest attempt to put the media on trial. I just downloaded the filed documents. Here is what Libby is seeking:

1. All documents and other information reflecting knowledge by any news reporter or employee of a news organization of Valerie Plame Wilson's possible affiliation with the CIA or her role in connection with Joseph Wilson's trip to Niger prior to July 14, 2003.

2. All documents and other information reflecting any mention of Valerie Plame Wilson in any communication between a news reporter and a government official, another news reporter, an employee of a news organization, or any other person prior to July 14, 2003.

Former NYC cop Charles Schwarz, convicted in one of the most brutal cop-beatings ever, that of Haitian immigrant Abner Louima who was sodomized with a broomstick in the police station, is seeking a sentence reduction. Schwarz was convicted of perjury by lying when he told authorities he was not in the bathroom of the police station when fellow cop Justin Volpe, now doing 30 years for the assault, attacked Louima.

Prosecutors say Schwarz held Louima down while another officer sodomized the handcuffed prisoner with a broken broomstick; Schwarz maintains he wasn't there.

Schwarz was sentenced to 60 months and maintains prosecutors promised to ask the Bureau of prisons to cut 13 months off his sentence if he refrained from publicly discussing the case. The prosecutors made the request and BOP turned it down. Schwarz is now seeking to have the Judge throw out his original 5 year sentence and resentence him to 47 months.

Update: The commenters at Daily Kos are pretty sure this is a hoax post. If so, I'll be taking it down entirely.

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A poster at Daily Kos reports on a telephone conversation he had with a staffer in Colorado Senator Ken Salazar's office when he called to ask that Salazar join the filibuster against Judge Sam Alito. Here's part of what the poster reports:

If he's so worried about this extreme judge, what's his problem with supporting a filibuster? I asked the staffer that, and then something happened that blew my f**king mind.

He hesitated for a moment, and then said the following:

"I understand your concerns and I feel the same way. The truth is that Senator Salazar has come to a compromise with Dr. James Dobson about an ongoing feud between them. Dr. Dobson has agreed to stop mentioning Senator Salazar in a negative context if he refuses to filibuster Samuel Alito."

I was stunned and speechless, so all I could say was, "What?"

The staffer went on:

"I'm sorry, but that's the truth, and that's why this is my last day working for Senator Salazar."

If this is accurate, it's beyond shocking. Senator Salazar must be asked to confirm or deny it. His phone number is (202) 224-5852.

It's Official. Both Massachussetts senators, John Kerry and Edward Kennedy will attempt a filibuster against Judge Sam Alito. Kudos to them.

PFAW just posted a tool at Save the Court that allows you to customize the message below and fax it to 13 key senators. PFAW also advises that Sen. Bill Frist has laid down the cloture petition which ripens at 4:30 pm Monday.

There's also Senate Phone List here, with numbers to all the Democratic Senators and the key moderate Republicans. There are two toll free numbers - 888-355-3588 or 888-818-6641.

Kerry has written a post at Daily Kos outlining his position.

by TChris

It isn't surprising that a prosecutor seized upon DNA testing proving that Roger Coleman wasn't wrongfully executed as evidence that wrongful convictions aren't a serious problem. The self-righteous belief that the government rarely makes a false accusation, that the police never cheat, and that appellate courts inevitably restore freedom to those few who are wrongly convicted, is common among prosecutors. Delusional, but common.

Joshua Marquis, who wrote this op-ed, only needed to click TalkLeft's "Innocence Cases" link to realize how frequently the innocent are convicted. He could also have considered appellate decisions like this one (click "opinion" to open a pdf), released six days ago by the Seventh Circuit, describing how the police decided to arrest a man for bank robbery because he resembled the image of the robber captured on a surveillance camera, and because the man was having some financial problems, without first checking his alibi and without regard to glaring differences between his appearance and the description of the robber that witnesses provided.

Go read Josh Marshall who has the latest on the Jack Abramoff- White House photos. We need an answer from Scotty. Were they scrubbed?

From Democrats.com:

I have confirmed reports that Kerry wants to filibuster Alito, and he is talking to his colleagues to round up the 41 votes he needs. Only two Democrats (Ben Nelson and Tim Johnson) support Alito. Only two others (Mary Landrieu and Ken Salazar) say they oppose a filibuster, but are expected to vote against Alito.

So right now, without the support of any Republicans, we still have 41 possible votes for a filibuster. There are roughly 6 moderate Republicans who should also be targeted (Lincoln Chafee, Susan Collins, Lisa Murkowski, Bob Smith, Olympia Snowe, George Voinovich). And we should work as hard as we can to persuade Landrieu and Salazar that a vote against Alito is meaningless if they don't support a filibuster.

Keep calling the Alito-8. And I'd add, end the tyranny of the gang of 14.