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Wednesday :: May 21, 2014

DOJ Settles Suit to End Solitary for Juveniles in Ohio

Some welcome news. The Department of Justice today announced a settlement of its suit against Ohio over the states juvenile detention policies.

The United States and private plaintiffs announced today that it has reached an agreement with the state of Ohio, under which the State Department of Youth Services (DYS) will dramatically reduce, and eventually eliminate, its use of seclusion on young people in its custody. DYS will also ensure that young people in its juvenile facilities receive individualized mental health treatment to prevent and address the conditions and behaviors that led to seclusion. The order resolves allegations that the state subjects young people with mental health needs in its custody to harmful seclusion and withholds treatment and programming, in violation of their constitutional rights.

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White House to Release Barron Memo on Targeted Killings

President Obama really wants Law Professor David Barron on the First Circuit Court of Appeals. The problem is getting him confirmed, since he authored two of the Office of Legal Counsel memos authorizing targeted killings of American citizens. The memos are classified, and the NY Times and ACLU both filed FOIA lawsuits to obtain them. Last month, the Second Circuit Court of Appeals ordered that redacted versions be publicly disclosed (opinion here).

As a Justice Department lawyer, Mr. Barron wrote two memos concluding that it would be lawful to kill Anwar al-Awlaki, a United States citizen living in Yemen, based on intelligence agencies’ conclusion that he was a senior operational terrorist plotting attacks against the United States and that his capture was not feasible. The lawsuit focused on the second and longer of those memos. Mr. Awlaki was killed by an American drone strike in September 2011.

Solicitor General, Donald B. Verrilli Jr., has decided not to appeal the Second Circuit order and to release redacted copies of the memos. [More...]

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Tuesday :: May 20, 2014

TX Teen Faces Potential Life Sentence for Hash Brownies

Texas teen Jacob Lovaro was caught with 1.5 pounds of baked hash brownies and cookies, plus a pound of marijuana and $1,645. in his apartment. He's facing a potential life sentence because the he used hash oil instead of pot. In Texas, the quantity of drugs used for sentencing purposes in cases involving hash oil includes the weight of the brownies, not just the hash oil.

The prosecutor in the case has issued this statement explaining why the penalty is so high. [More...]

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Tuesday Open Thread

A federal judge has thrown out Pennsylvania's ban on gay marriage.

"We now join the 12 federal district courts across the country which, when confronted with these inequities in their own states, have concluded that all couples deserve equal dignity in the realm of civil marriage."

Our earlier open threads are filled. Here's a new one, all topics welcome.

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The Next Botched Execution?

Update: The full 8th Circuit reversed the panel decision and reinstated the execution. Supreme Court Justice Samuel Alito stepped up and issued a stay pending a further order by him or the Court. His stay order is here.

Update: The 8th Circuit has stayed the execution.

Via the Atlantic: Andrew Cohen writes that Russell Bucklew, scheduled for execution in Missouri tomorrow, is likely to be the next death penalty disaster for the U.S. That's because Bucklew has serious health issues.

According to the testimony of Dr. Joel Zivot, a defense expert witness in the case, Bucklew "has a tumor growing in his face, occupying the nose, throat, and airway passages and causing him to experience constant facial pain and pressure as well as constant difficultly breathing." The congenital cavernous hemangioma, the doctor asserts, "results in a significant and dangerous compromise" of Bucklew's airways.

[More...]

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Class Action Suit Filed Against NFL Over Drug Prescribing Policy

A federal class action lawsuit has been filed in San Francisco against the NFL by former players. Shorter version: The NFL sacrificed player health for its own profit by excessively administering pain medications and not warning players of the dangers.

Rather than allowing players the opportunity to rest and heal, the NFL has illegally and unethically substituted pain medications for proper health care to keep the NFL’s tsunami of dollars flowing.

The Complaint is available here.

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FBI May Loosen Hiring Policy on Marijuana Use

Congress has authorized 2,000 new hires for the FBI, and the FBI will be filling many of the positions with computer programmers and hackers in its fight against cybercrime. The problem, according to FBI Director James Comey, speaking yesterday at a white collar crime conference:

“I have to hire a great work force to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview,” Mr. Comey said.

Up until now, the FBI has asked applicants whether they have used marijuana within the past three years. Comey says the agency is changing "its mindset and the way we do business" and working more outside the box:

One conference goer asked Mr. Comey about a friend who had shied away from applying because of the policy. “He should go ahead and apply,” despite the marijuana use, Mr. Comey said.

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Monday :: May 19, 2014

Cleric Abu Hamza Found Guilty on All Counts

The jury in the New York trial of Muslim cleric Mostafa Kamel Mostafa, better known as Abu Hamza al Masri, has convicted him of all 11 terror-related charges.

Abu Hamza testified for four days in his defense. The jury did not believe him. His defense says the jury placed too much emphasis on the "terror camp that wasn't" in Bly, Oregon.

James Ujaama, originally a follower of Abu Hamza, testified against him, as did another former ally turned informant, who testified via videotape from London.

Ujaama also testified a few years ago at the trial of Oussama Kassir, a Swede who was also involved in the Oregon pseudo-camp. Kassir was convicted and got a life sentence.

Hamza is also likely to get a life sentence, possibly at Supermax in Florence, unless they can't accommodate his medical condition (he has no hands and is blind in one eye.) [More...]

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Al Jazeera America Series on U.S. Criminal Justice System

Al Jazeera America has just begun airing an 8 part series on the flaws in our criminal justice system. The first episode aired last night, and addressed coerced and false confessions. The remaining topics:

  • Episode 2: Mandatory Sentencing
  • Episode 3: Flawed Forensics (FBI Lab)
  • Episode 4: Eyewitness Identification
  • Episode 5: Parole
  • Episode 6: Juvenile Justice
  • Episode 7: Broken Windows: Policing Strategies
  • Episode 8: Prosecutorial Integrity

Reuters has more on the show here.

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FARC and Colombia Reach Accord on Drugs

The peace talks between FARC and Colombia reached a new milestone this week, with a partial agreement on drug trafficking.

Under the agreement, FARC pledges to end its involvement in the drug trade and Colombia promises to develop a strategy to combat corruption associated with drug trafficking and to stop eradicating farmer's coca plants and instead focus on alternative crop programs (except where communities refuse to participate in alternative programs or violate the agreement.[More...]

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House to Vote on Defunding Medical Marijuana Raids

It's that time of year again, when the House Appropriations Committee considers the annual DOJ budget. In the next several days, an amendment will be offered defunding medical marijuana raids in states with laws permitting use of medical marijuana.

Representatives Rohrabacher and Farr will be introducing an amendment to this measure to prevent any of the department’s funding from being used to interfere with medical marijuana programs in states that have approved them.

The amendment would prevent the Department of Justice from using taxpayer funds to interfere in state-sanctioned medical marijuana programs.

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Sunday :: May 18, 2014

Sunday Night Open Thread

I couldn't even begin to say what I did all weekend, instead of blogging. That's because I did absolutely nothing -- and it felt great.

Since there's nothing on TV besides The Good Wife, I may catch up -- but more likely, I'll start fresh again tomorrow.

Here's an open thread, all topics welcome.

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