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Wednesday :: December 07, 2005

Freed by DNA After 24 Years in Prison

Robert Clark Jr. of Georgia is about to be a free man, after serving 24 years of a life sentence for a rape DNA now shows he did not commit. In his case, the DNA not only freed him, it found the guilty person.

Kudos to the Innocence Project who took his case and got the conviction vacated. You can read the details here.

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Where Does George Tenet Fit?

Jane asks whether George Tenet could be Bob Woodward's source? I asked a while back whether George Tenet could have been Karl Rove's source? Libby and Rove reportedly assisted Tenet with his July 11, 2003 mea culpa for the 16 words.

Before that, Digby asked whether Tenet could have been a source for Novak. I followed up here.

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Viveca Novak Retains Heavy Hitter

Time correspondent Viveca Novak has hired a heavy hitter for her grand jury deposition with Patrick Fitzgerald tomorrow: Washington, D.C. criminal defense attorney Henry Schuelke.

His Martindale Hubbell profile lists his practice areas as:

White Collar Criminal Defense; Business Crimes; International Criminal Law; Federal Grand Jury; Monetary Crimes

Among his clients:

He's also had clients in Iran-Contra and Whitewater.

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Fitzgerald Spends Three Hours With Grand Jury

CBS reports that Fitzgerald and his deputies spent three hours with the Valerie Plame grand jury today. I suspect he was presenting Viveca Novak's deposition to them, which was probably taken at her lawyer's office. Maybe now that she has testified under oath, she will write a more detailed article about her involvment or lack thereof. [Update: Novak is going to testify tomorrow at a deposition.]

In related RoveGate news, the Washington Post has a very detailed portrait of Rove lawyer Robert Luskin. He says a few times he thinks Rove will be exonerated. I like what I read about Luskin, and I never joined the bandwagon of critics who have said he talked too much or indiscriminately to the media in defending Rove, but I wonder why he thinks Rove isn't facing charges for lying to investigators in the fall of 2003 before the grand jury was convened.

Jane is not impressed with the Luskin interview.

Update: Lawrence O'Donnell weighs in at Huffpo.

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Air Marshals Kill American Who Claimed to Have a Bomb

AOL news reports the passenger killed by air marshals in the jetway of an American Airlines plane in Miami was an 44 year old American citizen. His wife said he was mentally ill and hadn't taken his meds.

A witness said that the man frantically ran down the aisle of the Boeing 757 and that a woman with him said he was mentally ill. The passenger, who indicated there was a bomb in the bag, was confronted by air marshals but ran off the aircraft, Doyle said.

The marshals pursued and ordered the passenger to get on the ground, but the man did not comply and was shot when apparently reaching into the bag, Doyle said. Authorities did not immediately say whether any bomb was found.

CNN reports no bomb was found. Although the plane had arrived from Colombia, it was en route to Orlando. The man boarded in Miami.

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Wednesday Open Thread

I've got some work to do, so feel free to chat about these or your own topics.

And you can vote once a day in the weblogs awards. TalkLeft is coming in second to Americablog for now, so your votes really count.

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The Economics of Being Bob Woodward

The New York Observer analyzes Bob Woodward's relationship with the Washington Post as one of economics - Woodward has become so much of a cash cow for the paper, and so rich himself, that there is no controlling him. Nor, it seems, does the paper have any idea what he's working on. There are some juicy tidbits and quotes. Here are a few, but go read the whole thing.

Publisher Leonard Downie:

Asked to explain why he’d been out of touch, Mr. Downie replied, “Because he’s a rich man, who has an entire floor of his house as his office, and he has a staff of his own working for him. He doesn’t come into the office so much. We have to take the initiative to talk to each other.”

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U.S. Admitted Blunder in Kidnapping al-Masri

The Chancellor of Germany has told the world what the the Bush Administration has tried to keep secret: The U.S. admitted making a mistake in kidnapping Khaled al-Masri (also spelled el-Masri) and detaining him for five months. The U.S. made the admission to Germany's then interior minister, Otto Schily.

The Germans became aware of his case in May 2004, when the White House dispatched the U.S. ambassador in Germany to pay an unusual visit to the interior minister, Otto Schily. Ambassador Daniel Coats told Schily the CIA had wrongfully imprisoned one of its citizens, al-Masri, for five months and would soon release him, according to several people with knowledge of the conversation.

There was also a request: that the German government not disclose what it had been told even if al-Masri went public. The U.S. officials feared legal challenges and exposure of a covert action program designed to capture terrorism suspects abroad and transfer them among countries.

TalkLeft noted here that it was Condi Rice who ordered the release of al-Masri. As the New York Times said at the time,

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Tuesday :: December 06, 2005

Al-Sami Prosecution a Failure of the Patriot Act

The prosecution of Tampa Professor Sami al Sami was not only a failure for the Justice Department, it was a failure of the Patriot Act.

The trial was a crucial test of government power under the USA Patriot Act, which lowered barriers that had prevented intelligence agencies from sharing secretly monitored communications with prosecutors. The case was the first criminal terrorism prosecution to rely mainly on vast amounts of materials gathered under the Foreign Intelligence Surveillance Act (FISA), whose standards for searches and surveillance are less restrictive than those set by criminal courts.

...Then-U.S. Attorney General John D. Ashcroft hailed al-Arian's 2003 indictment as an early victory for the Patriot Act.

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Torture Amendment Compromise Near

The New York Times reports that the White House and Sen. John Mcain are nearing a compromise on the torture amendment.

The White House is said to be ready to yield to McCain on his insistence that the CIA not be exempted from the Amendment. But, McCain is willing to consider the inclusion of a standard that limits liability of CIA officers:

Mr. McCain is balking at agreeing to any kind of exemption for intelligence officials, members of his staff say. Instead, he has offered to include some language, modeled after military standards, under which soldiers can provide a defense if a "reasonable" person could have concluded that he or she was following a lawful order about how to treat prisoners.

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Blogger Postage Stamps

Check out these postage stamps with your favorite liberal bloggers on them. They'd be great to send out your Holiday greeting cards.

The stamp created for me is here. (Click on the larger version to see it better.) Thanks to Bozartz for creating them.

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Jury: No Convictions for Tampa Prof Sami al-Arian or Co-Defendants

Bump and Update: Reuters reports al-Arian was acquitted on most charges and the jury deadlocked on others. Way to go, Bill Moffitt.

In a stinging defeat for prosecutors, a former Florida professor accused of helping lead a terrorist group that has carried out suicide bombings against Israel was acquitted on nearly half the charges against him Tuesday, and the jury deadlocked on the rest.

....After a five-month trial and 13 days of deliberations, the jury acquitted Al-Arian of eight of the 17 counts against him, including a key charge of conspiring to maim and murder people overseas. The jurors deadlocked on the others, including charges he aided terrorists....Two co-defendants, Sameeh Hammoudeh and Ghassan Zayed Ballut, were acquitted of all charges. A third, Hatem Naji Fariz, was found not guilty on 24 counts, and jurors deadlocked on the remaining eight.

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