by TChris

Loyalty oaths were popular in the 1950’s, when conservatives were certain that anyone who disagreed with their political agenda was a communist. Today, conservatives are certain that those who disagree are terrorist-hugging traitors, but at least they’ve quit pressing the useless idea of loyalty oaths.

Except in Pennsylvania.

[Gerald] Massey, a Marine Corps veteran and retired philosophy professor, won a two-year seat on the Stoneboro council in November after a write-in campaign. He balked when borough officials told him to sign the Pennsylvania Loyalty Oath, signed into law in 1951 in an effort to keep communists out of government positions.

"I'm just a little write-in candidate in a small rural town. You might say, 'What does that (oath) matter?'" Massey said. "I think that's actually more important. Democracy starts with these grass-roots undertakings."

The 71-year-old Massey will be allowed to take office without signing an oath that affirms he isn’t “subversive.” A county solicitor confirmed that the outdated law (which likely violates the First Amendment) is no longer effective. Massey will instead take the standard oath to uphold the state and federal constitutions.

by TChris

Bryn Mawr College student Janet Lee invented an unusual method of stress relief. She filled condoms with flour, then squeezed them. Flying can be stressful, so she brought three flour-filled condoms with her to carry on a flight. This turned out to be an unfortunate idea, as airport screeners searched her luggage and found the condoms, which they assumed to be filled with cocaine -- an assumption Philadelphia police claim was confirmed by field tests. Lee spent three weeks behind bars on drug trafficking charges before the error was discovered.

How did flour test positive for opium, cocaine, and another drug, when later lab tests confirmed that the white powdery substance was exactly what it appeared to be: flour? The city has refused to release records that might reveal what went wrong.

Lee's lawyers, former prosecutors David Oh and Jeremy Ibrahim, say that either the field test was faulty or someone fixed the results.

Lee filed suit this week against the city for her wrongful arrest.

The National Security Agency has admitted keeping persistent cookies on visitors to its website. It will discontinue the illegal practice, and says it was a mistake.

Don Weber, an agency spokesman, said in a statement yesterday that the use of the so-called persistent cookies resulted from a recent software upgrade.

Normally, Mr. Weber said, the site uses temporary cookies that are automatically deleted when users close their Web browsers, which is legally permissible. But he said the software in use was shipped with the persistent cookies turned on. "After being tipped to the issue, we immediately disabled the cookies," Mr. Weber said.

The ACLU has a full page ad in today's New York Times calling for a special counsel to investigate Bush and the NSA warrantless electronic surveillance. This is an abridged version, minus most of the text, but you can view the full ad here.

In a press release, the ACLU says:

Enron defendant Rick Causey pleaded guilty today as expected. His deal is:

• plead to one ten year securities fraud count
• forfeit $1.25 million
• get a 7 year sentence, which can be reduced to 5 if he cooperates and testifies against Lay and Skilling. His cooperation is not mandatory.

The government says it is not sure it will call Causey as a witness. My translation: they aren't buying a pig in a poke. If Causey can't or won't deliver the goods against Lay and Skilling, they won't call him. They aren't going to give him a chance to provide testimony that is favorable to Lay and Skilling. If they don't call Causey, he'll do the seven years. There's no federal parole, you do 85% of your time. Here's TalkLeft's most recent background on the plea deal.

Update: Here is the statement of Causey filed in Court as to what he did wrong and detailing how he defrauded Enron's investors. He doesn't mention any other Enron chiefs by name, but he refers to them in the plural as "senior Enron management." In another instance, he refers to these management chiefs as "those with whom I conspired." It sounds like he is referring to others besides Andrew Fastow.

I've also read the actual plea agreement, which provides he cannot ask for a lesser sentence of 7 years (or 5 if he cooperates); he cannot ask for a lesser forfeiture; he cannot make any money from books or giving speeches about Enron; his restitution and fine will be taken care of by the $1.25 million forfeiture; he waives his right to appeal and to collaterally attack his sentence; the plea agreement does not bind local and state authorities or civil branches of the Government; and he gives up his right to obtain deferred compensation from Enron.

by TChris

In an emergency filing yesterday, the Solicitor General asked the Supreme Court to transfer Jose Padilla to a civilian court despite the Fourth Circuit’s bewilderment at the Justice Department’s flip-flopping claim that Padilla is an enemy combatant. The SG argued that the Fourth Circuit’s decision amounted to “an unwarranted attack on the exercise of executive discretion.”

Firing back today, Padilla’s lawyers seized the chance to embarrass the Bush administration with the recent news that the president used his “executive discretion” to intercept telephone calls of persons who were within the nation’s borders and subject to the protections of the nation’s laws without obtaining a warrant.

Lawyers Donna Newman and Andrew Patel told the high court in papers filed Tuesday that the justices must step in "to preserve the vital checks and balances" on the president.

It's that time of the year to organize and close up files and work on the books. If there's something going on in the world today, here's a place to discuss it. In the meantime,

• Manassas, VA wants to redefine the family for housing limit purposes, a move many call racist and anti-immigrant. [hat tip Patriot Daily]

• Journalism prof Jay Rosen is back on the case of Bill Keller and the New York Times.

• Crooks and Liars is seeking nominations for the best video clips of the year.

• Roger Ailes has an end of the year quiz.

Last week I predicted that defense lawyers would soon start filing motions related to Bush's warrantless NSA surveillance. The New York Times reports lawyers from coast to coast are getting ready to hit the courts, and some will seek to reopen cases in which the defendants have been convicted and are serving their sentences.

Defense lawyers in terrorism cases around the country say they are preparing letters and legal briefs to challenge the N.S.A. program on behalf of their clients, many of them American citizens, and to find out more about how it might have been used. They acknowledge legal hurdles, including the fact that many defendants waived some rights to appeal as part of their plea deals.

Here are a sampling of the lawyers speaking up:

• Gerry Spence, who represents Oregon lawyer Brandon Mayfield in his civil action against the U.S. for arresting and detaining him as a material witness in the Spain bombings. Mayfield was later released with no charges brought.

• Lawyers for the Lackawanna (Buffalo) 6 and Portland 7 are considering challenges, as are those representing Jose Padilla's co-defendants.

Bump and Update: Causey made his deal. It's tougher times ahead for Ken Lay and Jeff Skilling, who will move for another continuance. The jury summonses have already gone out and 400 questionnaires have been returned. I think there's a good chance Judge Sim Lake will deny a continuance and either say Lay and Skilling should have expected this or that three weeks is enough for them to prepare.

****
Original Post: 12/25

Ken Lay, Jeff Skilling and Rick Causey are set for trial in the Enron case on January 17. Word is that Rick Causey is in plea negotiations and may cooperate against Lay and Skilling.

Either the report is not true, or Lay and Skilling's lawyers are in serious denial:

"I've talked to Rick Causey myself, and I don't believe he willfully did anything wrong," said Mike Ramsey, lead attorney for Lay. "I don't believe he would agree to plead guilty to a crime when he didn't commit one."

Professor Juan Cole of of Informed Comment posts the ten greatest myths of the Iraq War. My favorites:

Iraqi Sunnis voting in the December 15 election is a sign that they are being drawn into the political process and might give up the armed insurgency

Iraqis are grateful for the US presence and want US forces there to help them build their country.

There is a silent majority of middle class, secular-minded Iraqis who reject religious fundamentalism.

The new Iraqi constitution is a victory for Western, liberal values in the Middle East.

Jane is disappointed there is no Fitzmas news, so she reports on what she thinks is happening. Here's one insight.

The nomination of Viveca Novak’s husband to the FEC is nothing if not a giant “f**ck you” to Fitz, and if it happened in say the Gotti organization it would definitely raise the eyebrows of a prosecutor. It’s also a big “who’s your daddy” moment for Viveca Novak, as she is probably out of a job and now the key defense witness for a man who is now going to be her husband’s boss. Those who want to argue they nominated him purely on his merits with no notion of any larger implication? Please. This is Karl Rove we’re talking about here.

Viveca's husband is Robert D. Lenhard. His nomination was announced by the White House here. I also find the appointment curious, especially since Mr. Lenhard donated $1,000. to John Kerry in 2004. [Update: A commenter below points out that Lenhard was Harry Reid's choice to fill a Democratic slot on the FEC months ago, as reported last August in the Hill. It's Congressional leadership that picks the nominees, Bush just follows through with the appointment. So scratch that theory.]

U.S. District District Court Judge Malcolm Muir has thrown out the death sentence of David Paul Hammer, who was convicted of strangling a cell mate.

U.S. District Judge Malcolm Muir ruled that prosecutors should have disclosed to David Paul Hammer's lawyers the existence of four interviews that may have supported Hammer's claim that he used rope made from bed sheets for bondage sex. The interviews could have led the jury to conclude that Hammer did not engage in substantial planning before he killed bank robber Andrew Marti at Allenwood Federal Penitentiary in 1996, the judge said.

The article doesn't mention that David Paul Hammer claimed that while on death row in Terre Haute, Timothy McVeigh told him that Terry Nichols refused to help build the bomb that blew up the Oklahoma City federal building. The judge ruled, over the Government's objection, that Hammer could testify as a defense witness at Terry Nichols' state trial. Hammer attempted suicide after McVeigh's execution by mainlining insulin.