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Thursday :: January 26, 2006

Abramoff Lead Prosecutor to Leave Investigation

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:

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Libby Files for More Documents on Reporters

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.

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Louima Cop Seeks Sentence Reduction

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.

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Did Salazar Make a Deal With James Dobson Over Alito?

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.

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Kennedy Joins Kerry in Alito Filibuster

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.

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Prosecutor Discounts Reality of Wrongful Convictions

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.

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Did the White House Deep-Six the Abramoff Photos

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

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Report: Kerry Wants to Filibuster Alito

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.

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Salazar Threatens to Call In the Gang of 14

Colorado Senator Ken Salazar says he won't support a filibuster even though he'll vote against Judge Sam Alito. From the National Journal's Hotline (subscription):

Meanwhile, Sen. Ken Salazar (D-CO) also said 1/25 that he will not support a filibuster, even though "he still plans to vote against" Alito. While Salazar said Alito wasn't the "wisest choice for America," he said "was convinced not to filibuster Alito because of" his "stellar academic record and strong support from his colleagues." Salazar said he does not know whether other Dem "will try to block the vote," but that "if they do, he will call a meeting" of the 'Gang of 14' (Tahelm, AP/Daily Camera, 1/26).

Here's another article with the reference to calling in the gang of 14. Call his office at (202) 224-5852. Salazer has pledged not to support a filibuster unless under "extraordinary circumstances." Let him know you consider Judge Alito to be extraordinary. Perhaps if enough of his constituents demand it, he will change his mind, or at least leave the gang of 14 out of it.

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Feingold : Alito's Death Penalty Responses 'Chilling'

Sen. Russ Feingold today issued a statement explaining his reasons for voting against Judge Sam Alito. Among them (no link yet, received by e-mail:)

To be blunt, Mr. Chairman, I found Judge Alito's answers to questions about the death penalty to be chilling. He focused almost entirely on procedures and deference to state courts, and didn't appear to recognize the extremely weighty constitutional and legal rights involved in any case where a person's life is at stake.

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Public Pressure Leads to Longer Sentence

by TChris

Judge Edward Cashman caved to public pressure, increasing the sentence he imposed on a sex offender from 60 days to 3 to 10 years. Recognizing that society becomes more safe if we treat sex offenders, and that treatment in the community is more immediate, more readily available, and more effective than treatment behind bars, Judge Cashman initially imposed a sentence with that reality in mind. The subtleties of sentencing were lost on the "lock 'em up" crowd, who belittled Judge Cashman for his perceived leniency:

Ever since, he's been vilified by television commentators, bloggers and even the governor who say he was too light on the crime. ...

After Cashman announced the sentence, Gov. James Douglas called for the judge to resign and several lawmakers suggested he be impeached. On FOX News, Bill O'Reilly told viewers as video of Cashman rolled: "You may be looking at the worst judge in the USA."

Judges are supposed to rule without regard to public sentiment. Justice does not depend on opinion polls or on the views of Bill O'Reilly. Mark Kaplan, Hulett's lawyer, said it all:

"The sentence in this case may not be popular, but the court cannot be swayed by the media or the mob," he wrote in court papers.

The court was swayed, protections against double jeopardy notwithstanding.

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Iraqi Writer Imprisoned For Criticizing Kurdish Leadership

by TChris

As President Bush crows about his success in bringing freedom and democracy to Iraq, perhaps he can explain why Kamal Sayid Qadir has been sentenced to 30 years in an Iraqi prison for criticizing corruption in the Kurdish leadership.

From Austria he had written articles accusing [Kurdish leader Massoud] Barzani's all-powerful Kurdistan Democratic Party of corruption while calling members of its intelligence service, the Parastin, criminals and its chief -- Mr. Barzani's son -- a "pimp."

Qadir was tried for "defaming" the Parastin and Kurdish political leaders. He says the trial lasted only 15 minutes.

President Bush might favor a political system that incarcerates critics of the government, but a country can't be free if journalists and writers risk prison for expressing opinions and exposing facts that discomfort those who hold power. Qadir isn't the only Iraqi who has lost his freedom for daring to express an opinion. The NY Times reports that Iraqi authorities are increasingly "using the courts as an instrument of intimidation to discourage reporting on corruption and abuses of power."

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