Frances Newton's execution remains set for Friday.

Frances Newton, condemned for the 1987 murder of her husband and two young children, was a step closer to execution Friday after the Texas Court of Criminal Appeals dismissed her latest application for writ of habeas corpus, saying she had presented no new evidence to warrant a stay.

Her attorneys argue otherwise. Ms. Newton maintains her innocence. Her husband's parents don't want her to be executed:

A video tape threatening a terror attack on Los Angeles has been delivered to ABC News in Pakistan. The big question, as Suburban Guerilla asks, is it real?

A tape delivered to ABC News in Pakistan this weekend features a masked man making terrorist threats against Los Angeles and Australia. ABC News reported that the man is believed to be Adam Yahiye Gadahn, an American from California purported to be an al-Qaida member and wanted by the FBI. The CIA said Sunday it was aware of the report but had no immediate comment about the tape's authenticity. Counterterror officials believe Gadahn also may be the person on a 75-minute video given to ABC News last year in Pakistan.

Sentencing Law and Policy reports on "buzz" that President Bush may pick Alberto Gonzales or Larry Thompson for the second Supreme Court vacancy.

I would support Larry Thompson's nomination for the Court. I supported him when he was under consideration for Ashcroft's job. I know him through our joint participation in criminal defense organizations over the years, particularly the American Board of Criminal Lawyers. I have had long discussions with him -- and his wife -- at several dinners at these meetings, and I believe he is dedicated, principled and up to the job. I've previously said he would receive my endorsement for Supreme Court Justice:

by TChris

Encouraged by the astonishing success of the pre-emptive war against Iraq, made necessary by all those WMD’s Saddam Hussein was storing for his imminent attack on the US, the Pentagon is updating “guidelines” for the use of nuclear weapons in other pre-emptive strikes.

A copy of the draft document dated March 15 was posted on a Pentagon Web site for several months but was removed over the summer, according to the Pentagon official, who said he could not explain why it was taken down.

The draft says that to deter a potential adversary from using unconventional weapons, the United States must make it "believe the United States has both the ability and will to pre-empt or retaliate promptly with responses that are credible and effective." The draft also says American policymakers have "repeatedly rejected calls for adoption of 'no first use' policy of nuclear weapons since this policy could undermine deterrence."

That policy didn't deter 9/11. Could it be time for a new approach?

by TChris

I’m setting aside for a moment my usual gloomy third person voice to express my wonder at the Rolling Stones, who rocked Soldier Field in Chicago last night. Mick Jagger turned 62 in July, but he struts, sprints, and jumps like a teen. This was the third time I’ve seen the Stones perform live, and the collective energy Mick expended in those three performances may exceed the collective energy I’ve managed to muster in my entire life.

The energy instantly transferred to an appreciative crowd that ranged from pre-teens to senior citizens. This may be the last Stones tour (it was good to see Charlie Watts drumming after his cancer scare), and the tens of thousands of fans who filled the sold-out stadium were clearly thrilled to hear these rock-and-roll legends perform. As far as I could tell, the band didn’t disappoint anyone.

Four songs from A Bigger Bang were mixed in with timeless Stones classics and a respectfully rocking cover of Ray Charles’ Night Time is the Right Time. While I wish they’d send an ongoing message to President Bush by playing Sweet Neo Con at every show, they haven’t been performing it live. In their encore, they did play You Can’t Always Get What You Want, a lesson the president needs to learn. And, to my great Satisfaction, they played my favorite, Sympathy for the Devil:

by Last Night in Little Rock

Grits for Breakfast, a criminal law blog, has this today: John Roberts & the Fourth Amendment: Judicial activism to allow police searches. As I have previous said on my own site after Roberts' name was released, things do not bode well for the Fourth Amendment, Among other cases, it talks about Roberts' penning the infamous Metro french fry arrest case, previously referred to here as the ridiculous case of the week.

What Really Happened tracks past news accounts to make the case that Osama bin Laden is dead. It begins:

Osama bin Laden is dead. The news first came from sources in Afghanistan and Pakistan almost six months ago: the fugitive died in December [2001] and was buried in the mountains of southeast Afghanistan. Pakistan's president, Pervez Musharraf, echoed the information. The remnants of Osama's gang, however, have mostly stayed silent, either to keep Osama's ghost alive or because they have no means of communication.

With an ego the size of Mount Everest, Osama bin Laden would not have, could not have, remained silent for so long if he were still alive. He always liked to take credit even for things he had nothing to do with. Would he remain silent for nine months and not trumpet his own survival? [New York Times. July 11, 2002]

So what do you think? Is he alive or dead? Does the Administration benefit from us believing he's still alive and a present danger? On a related topic, don't miss Michael Tomasky's new article in American Prospect, Day 1,461 and Counting.

This photolog of 197 photos from August 28 until September 6, all with diary type descriptions, is one of the best I've seen. Judging from the comments, many others feel the same way.

It's published in Der Spiegel, and composed by a man named Alvaro who worked at the Chateau Sonesta hotel. The photos give a better sense of the evolution of the damage and of what the streets really looked like before and after the flooding than most MSM photos. There's no dead bodies, close-ups of victims or politics - it's really about New Orleans. The personalized descriptions of the photos and their chronological order really made me feel like I was there. I highly recommend it.

Update: Digby also has high praise and thoughts on this photoblog, and puts some of the photos in context.

Dave Koppel, Second Amendment expert, explains why the confiscation of firearms in New Orleans is both illegal and foolish.

The power of "regulating and controlling" is not the same as the power of "prohibiting and controlling." The emergency statute actually draws this distinction in its language, which refers to "prohibiting" price-gouging, sale of alcohol, and curfew violations, but only to "regulating and controlling" firearms. Accordingly, the police superintendent's order "prohibiting" firearms possession is beyond his lawful authority. It is an illegal order.

Last week, we saw an awful truth in New Orleans: A disaster can bring out predators ready to loot, rampage, and pillage the moment that they have the opportunity. Now we are seeing another awful truth: There is no shortage of police officers and National Guardsmen who will obey illegal orders to threaten peaceful citizens at gunpoint and confiscate their firearms.

The New York Times has an exhaustive article on Government foul-ups in the Katrina castastrophe. The lead-in:

An initial examination of Katrina's aftermath demonstrates the extent to which the federal government failed to face domestic threats as a unified, seamless force.

Left Coaster sums up the article and notes::

Bush told the Governor on Friday, four days after the crisis began, that he would send in more National Guard forces, but only if Governor Blanco transferred control to him. After seeing the Feds botch their job the entire week, Blanco would be justified in being hesitant to hand Bush the keys to her car, let alone handing him control over her state’s affected areas, at a time when the Feds couldn’t even deliver upon their basic responsibilities.

The Times also has new article on how Mike Brown came to be relieved of Katrina duties.

This should be another public relations disaster for the Bush Administration - playing favorites with Katrina contracts:

Companies with ties to the Bush White House and the former head of FEMA are clinching some of the administration's first disaster relief and reconstruction contracts in the aftermath of Hurricane Katrina.

At least two major corporate clients of lobbyist Joe Allbaugh, President Bush's former campaign manager and a former head of the Federal Emergency Management Agency, have already been tapped to start recovery work along the battered Gulf Coast.

This White House thinks it's untouchable. As TChris pointed out earlier today, Bush's poll numbers continue to drop. Sooner or later, the American public is going to say "enough."

I'm watching React Now, MTV's hurricane relief concert now. Bon Jovi is on (I could watch his face for hours), Sheryl Crow was just on. Coldplay too. Jon Stewart is one of the hosts. Tune in and give. If you're not by a tv, you can watch it on the computer.

Fast moving show, Bono's on now.