Even though TalkLeft is not located in New York, I grew up there, and feel very strongly that the state's death penalty, recently enacted and even more recently declared unconstitutional by the courts, should not be reintroduced. TalkLeft is proud to have been invited to be a "partner" of Network for Justice, a netroots campaign to keep the death penalty out of New York.

The New York State Assembly is holding a series of public hearings to determine what the people of New York want. Read Human Rights Watch's testimony here.

You can have an impact on this debate. You can be a partner too. Just go here and sign the petition. You will get your own network page. If you're from New York, your state reps in Albany will be notified. Then spread the goodness around.

President Bush is going to ask Congress for another $80 billion for the war in Iraq, bringing the total to $280 billion.

$280 billion...he must think it grows on trees. Where will it come from? The Bush Adminisration badly miscalculated the cost of its war:

Early on, then-presidential economic adviser Lawrence Lindsey placed Iraq costs of $100 billion to $200 billion, only to see his comments derided by administration colleagues.

Where's the money going?

A few bad apples?

The [five]activists - all employees of the John Kerry campaign - are accused of flattening the tires on 25 vehicles rented by the state Republican Party to get out the vote and deliver poll watchers Nov. 2.

Yes, if they did it, it's wrong. But let's not forget the presumption of innocence. Watch out for a big legal battle in this case, though. Milwaukee uber-lawyer James Shellow represents Sowande Omokunde, one of those charged. Omokunde is the son of Rep. Gwen Moore, D-Wis., and Michael Pratt, the son of former Milwaukee acting mayor Marvin Pratt.

The Kerry campaign has acknowledged the five were paid employees of the campaign but maintains that they were not acting on its behalf.

Bump and Update: The Supreme Court decision in Illinios v. Cabales is available here (pdf.) Here are some links to news articles and web reaction:

Associated Press provides this quote from the majority opinion of Justice Stevens:

"A dog sniff conducted during a concededly lawful traffic stop that reveals no information other than the location of a substance that no individual has any right to possess does not violate the Fourth Amendment"

And this from the dissent by Ginsberg (Souter joining):

Under today's decision, every traffic stop could become an occasion to call in the dogs, to the distress and embarrassment of the law-abiding population," Ginsburg wrote, citing the danger that police could soon conduct "suspicionless, dog-accompanied drug sweeps" of parked cars or cars stopped at red lights.

A remedy is for states to enact their own legislation:

Some states, including New Jersey, have passed legislation requiring police to have valid grounds to use dogs during traffic stops partly because of the danger of racial profiling, in which minorities are singled out for traffic stops or other scrutiny.

FourthAmendment.Com has extensive analysis and commentary, including this:

Unbelievably bad writing from a luminary like Stevens (must have been drafted by a law clerk and not fully vetted for what it can lead to); an opinion full of holes for both sides....

Members of the Justice Department gathered today under the infamous blue curtains to bid farewell to Attorney General John Ashcroft. Some of the comments offered up in a jesting manner:

Afterward, guests received a 165-page book titled "Preserving Life and Liberty: The Record of the U.S. Department of Justice 2001-2005."

Ashcroft's parting words:

I will never forget my opportunity to serve alongside you," Mr. Ashcroft said. "I will always give thanks to you and to the Creator for according me this chance to work with nobility."

by TChris

If Connecticut puts Michael Ross to death, he will be the first person executed in New England in 45 years.

Nearly 950 people have been put to death since capital punishment was reinstated in this country in 1976, but none in states north or east of Pennsylvania.

Ross was scheduled to be executed on January 26, but a federal judge today stayed the execution. Ross has not challenged his death sentence, but lawyers for the state's Division of Public Defenders Services question whether Ross is competent to surrender his post-conviction rights. They persuaded Judge Robert Chatigny to hear evidence about Ross' mental capacity.

As the Christian Science Monitor reports, some fear that a New England execution will open the door to greater reliance on the death penalty in a part of the country that became wary of sanctioned killing after the Salem witch trials. According to death penalty defense lawyer Paula Montonye:

The execution "is a stamp of approval on killing. It creates an atmosphere of death. And life begets life; death begets death."

by TChris

President Bush told anti-abortion protesters today that their "movement will not fail." So much for the President's recently-sworn oath to defend the Constitution.

David O'Steen, executive director of the National Right to Life Committee, opined that Chief Justice Rehnquist's anticipated retirement "would move the high court in abortion-opponents' favor." Since the Chief is not an advocate of the right to choose, O'Steen's reasoning is difficult to discern.

Meanwhile, the Court declined to review a lower court's holding that South Carolina's "Choose Life" license plates violate the First Amendment because the state denies abortion-rights supporters the same forum in which to express their opinions. The Court frequently reminds the public that its decision not to review an issue should not be seen as a signal that the Court agrees or disagrees with the lower court's result. In this case, the lower court's decision was so obviously correct that the Court had little reason to tackle the question itself.

The Government has disclosed that during a 2003 mass protest at Guantanamo, 23 detainees attempted sucide. The Government did not advise the media of these attempts when disclosing past incidences:

The incidents came during the same year the camp suffered a rash of suicide attempts after Maj. Gen. Geoffrey Miller took command of the prison with a mandate to get more information from prisoners accused of links to al-Qaida or the ousted Afghan Taliban regime that sheltered it.

Between Aug. 18 and Aug. 26, the 23 detainees tried to hang or strangle themselves with pieces of clothing and other items in their cells, demonstrating "self-injurious behavior," the U.S. Southern Command in Miami said in a statement. Ten detainees made a mass attempt on Aug. 22 alone.

The military had this explanation today:

A short reference in the Booker opinion references Congress' 2003 Feeney Amendment that increased many criminal sentences under the Federal guidelines. Dan Christianson in the Daily Business Review analyzes that portion of the opinion and concludes that the Feeney Amendment's changes are dead.

The Feeney Amendment's demise is spelled out in a little-noticed part of the high court's Jan. 12 decisions in U.S. v Freddie J. Booker and U.S. v. Ducan Fanfan.

In the words of Justice Stephen G. Breyer, who wrote the majority opinion making the guidelines advisory, the 2003 amendment to the Protect Act... had made guidelines sentencing "even more mandatory" than it was before. Therefore, with the Court's decision that the guidelines violated defendants' Sixth Amendment right to trial by jury, the Feeney Amendment had "ceased to be relevant," Breyer said.

Christianson notes that the Feeney Amendment may have contributed to the Supreme Court's decision in Booker:

We have court, court and more court today, with no chance to see the news. Here's a open thread to keep everyone advised as to what is going on. I'll ge back tonight. If something's on your mind, let us know.

Nora Callahan, writing for Narco News, presents a layman's view of Booker as it pertains to drug sentences and says that most drug offenders will be left behind:

According to the Supreme Court, the new ruling can only be applied from this day forth, aside from prisoners still on direct appeal, and brings us to the 'left-behind.'.... today, in a federal prison near you, there are old-law prisoners (sentenced before 1984), and old, new-law prisoners (people sentenced between 1984-2004 approximate), and brand new, new-law prisoners (after 2004 - post Booker).

The 'left behind' in this series isn't best selling Christian fiction, but real people, imprisoned unfairly via US Sentencing Guidelines pre-Booker case. Most in federal prison will not experience any rapture with the notion there is a fissure in the cracks of the foundation of the war on drugs. They want to come home. Many feel personally responsible for the new movement to end injustice, but most will gain no reward for their hard work.

It really is unconscionable that Booker is not retroactive. [Via Libby at Last One Speaks.]

Johnny Carson has died at 79 of emphysema. Here's more on his career. From another article:

“Mr. Carson passed away peacefully early Sunday morning,” his nephew, Jeff Sotzing, told The Associated Press. “He was surrounded by his family, whose loss will be immeasurable. There will be no memorial service.”

R.I.P.