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Thursday :: July 08, 2004

Arrested Americans Abused Prisoners

Is this a classic example of a scrub job? The first article has the full details with accounts of the alleged torture of Afghan prisoners by three Americans who were on a counter-terrorism mission, vigilante-style. The second and third versions have the 'classified' material cut out.... Here are three of the articles:

Arrested Americans Abuse Prisoners (AP, Philly Burbs)

Americans arrested in Kabul were running private jail, official says (AP Boston Herald)

Three Americans Arrested in Kabul (AP, MyWay)

Read the first article.

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More Convention Bloggers Named

Cyberjournalist.net has the names of several bloggers who have received press credentials to cover the Democratic Convention. Here are the ones so far:

• Dave Winer of Scripting News
• Dave Weinberger

• Taegan Goddard's Political Wire

• NYU's Jay Rosen, who has lengthy essay about the incoherence of modern conventions and the freshness bloggers may bring.

• Markos Moulitsas Zuniga from the Daily Kos

• Jerome Armstrong

• Aldon Hynes

• Jeralyn Merritt of TalkLeft

Many thanks to those of you who contributed to our convention expense fund. We've raised $200.00 so far, and our goal is at least $2,000.00--so if you are a regular reader or commenter on TalkLeft, or you'd just like to help us out, we'd really appreciate it. It will cost us about $3,000 to make the trip, and we promise great coverage--particularly of behind-the-scenes goings-on the mainsteam press may not tell you about. We're calling it news with attitude.

We'll be sending everyone who contributes by paypal an individualized thank-you e-mail. If you'd like to donate anonymously, use Amazon. Both are secure. Many, many thanks.

Cyberjournalist is offering a place for readers to submit questions to the convention bloggers. If there is something in particular you'd like us to cover or focus on, let us know in the comments.

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Wednesday :: July 07, 2004

Elizabeth Edwards: What's She Like?

The New York Times profiles Elizabeth Edwards. We like her already.

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Aaron Brown's Date

Funny enough we laughed out loud reading it. Wonkette definitely rules.

From last night's "Newsnight," Aaron Brown confesses:
Good evening again, everyone. We begin tonight with a confession: I dated John Edwards' wife. Well, not dated like plural, dated like singular. We went out to dinner. Well, we didn't actually go out to dinner. We went to a dinner, just the two of us -- and 2,000 other people. CNN Newsnight Aaron Brown; Aired July 6, 2004 [CNN]

Well, not dinner. More like a snack. And it wasn't really John Edwards's wife. It was this woman I met on the street. A prostitute, actually. Maybe I shouldn't go into detail like this.

[link via Xoverboard]

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Another Court Declares Guidelines Unconstitutional

by TChris

Unofficial word that another U.S. District Judge (this one in the Western District of Texas) has declared the federal sentencing guidelines unconstitutional under Blakely. His precise reasoning at this point seems unclear, but a written opinion may be forthcoming.
(via Blakelyblog)

(Update: (TL) Blakely Blog is another new blog on the Blakely decision by Jason Hernandez, "a 3rd year law student at Columbia Law School whose Note is in serious jeopardy of entering the circular file following Blakely.")

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Ken Lay Indicted

Former Enron CEO Ken Lay was indicted today. He's being allowed to surrender tomorrow. Bail is probably arranged, he'll be home for dinner. We have no problem with that, we just wish it were true for every defendant. We find this bit of info somewhat perplexing:

The foreman of the specially-called grand jury told Judge Milloy that at least 16 members were present and at least 12 voted for the indictment.

Does that mean it was not a unanimous grand jury vote? If the prosecutors can't convince all of the grand jurors in a one-sided proceeding at which the defendant has no ability to argue or present or challenge evidence, what does that say about the strength of the Government's case?

Skippy says, "osama bin laden still at large, but at least we got kenny boy!" A big congrats to Skippy who is about to celebrate his second blogiversary (y.w.c.t.p.). Go over and visit and push him over that 500,000 reader visit mark.

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Edwards Under Attack

by TChris

The President and his fellow country-bangers don't like trial lawyers, and they figure voters don't like them much either.

And few politicians have been as adept at exploiting that hostility as President Bush, who, at the urging of his political adviser Karl Rove, has made attacks on trial lawyers a central part of his political strategy ever since his first run for Texas governor a decade ago.

So John Kerry gave the President a great bashing opportunity by picking a trial lawyer as a VP candidate, didn't he? Not according to a CNN poll:

The poll showed that 67 percent of voters surveyed said his work as a trial lawyer was a strength, while only 27 percent viewed it as a weakness.

According to the president of the National Association of Manufacturers, trial lawyers are "the pariahs of the business community, which is more frightened by them than terrorists, China or higher energy prices." Maybe, but those with less self-interest have trouble thinking the person they rely on to protect their rights is engaged in an evil vocation.

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Tribunals For Detainees: Will They Be Fair?

by TChris

Responding to the Supreme Court's reminder that the executive branch of government does not possess limitless and unreviewable power, the Pentagon has begun to demonstrate a repect for due process that is half-hearted at best.

The Pentagon said on Wednesday it was creating panels of U.S. military officers to review whether Guantanamo prisoners were being held legally and would notify them within 10 days of their right to challenge their detention in U.S. courts.

The detainees aren't given access to lawyers for proceedings before the tribunal. They are given the assistance of a military officer (kinda like the practice of assigning prison guards as advocates for inmates who use a prison's grievance system) but the officer isn't required to have legal training.

The degree to which detainees will be allowed to confront witnesses and to present evidence is unclear, although detainees will apparently be allowed to call witnesses. Whether the proceedings will be open to public scrutiny is undecided.

If the review system has the customary procedural safeguards that attend a serious hearing or trial, and if it can be adequately navigated with the help of someone who lacks training and experience as an advocate, the Pentagon's respect for due process will be determined by the willingness and ability of the panelists to provide a review that is both neutral and meaningful. Nothing in the administration's attitude to date suggests that it wants detention decisions reviewed by fair and independent minds.

The review may produce the release of the most embarrassing cases -- the ones that would be sure losers in court. The rest of the detainees will have to seek relief in federal court, where they can hope to have an impartial review of their imprisonment.

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Action Alert: Federal Marriage Amendment

There will be a vote on July 12 on the Federal Marriage Amendment. Please call and e-mail your Senators to oppose it. We support the Human Rights Campaign to uphold civil rights --tell your Senators not to waste their time amending a fundamental document of American liberties in the interest of the Bush Administration's anti-gay agenda.

Don't let Bush and his extreme right-wing friends write discrimination into the Constitution. Stop the anti-gay Federal Marriage Amendment while you still can.

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New DOJ Blakely Memos Available

Law Professor Doug Berman has a "Deep Throat" providing access to DOJ memos on Blakely. We put the first one here. Prof. Berman just got three more, and you can download them from his Sentencing Law and Policy blog .

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More Guantanamo Detainees Named for Tribunals

President Bush has named nine more Guantanamo detainees as eligible for military tribunal trials. 15 detainees to date have been designated. Charges have been filed only against three of them.

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Air America Radio Tonight

We'll be filling in for Atrios tonight at 8:30 ET on Air America Radio's Majority Report with Janeane Garafolo and Sam Seder. You can listen on the internet if the station doesn't broadcast in your area. The show has its own blog where you can leave comments.

Update: It was really fun to do the show. A half-hour went by like lightening. We got to bash the death penalty, Ashcroft, Bush's judicial picks--with no one arguing the other side. That's a first for us.

In other Air America Radio news, Eric of the Hamster is authoring the O'Franken blog this week. Excellent choice.

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