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Tuesday :: June 22, 2004

Conservative Spin on Clinton's Book

Media Matters is on top of tracking the misinformation spewed by conservatives about President Bill Clinton's book 'My Life':

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Al-Qaida Beheads South Korean

Very sad but predictable news.

An Iraqi militant group has beheaded its South Korean hostage, Al-Jazeera television reported Tuesday. The pan-Arab station said it had received a videotape showing that Kim Sun-il had been executed. Kim, 33, worked for a South Korean company supplying the U.S. military in Iraq and was abducted last week, according to the South Korean government. Al-Jazeera, which had not broadcast the tape, said the execution was carried out by the al-Qaida-linked group Monotheism and Jihad.

No, we won't be linking to the video even if it becomes available. We're very sorry for Mr. Kim Sun-il and his family.

Update: South Korea confirms death.

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Governent Releases Reports on Federal Prosecutors

The General Accounting Office (GAO) has released the following reports, testimony, and correspondence:

First Report: US Attorneys: Performance-Based Initiatives are Evolving. GAO-04-422, May 28. Highlights are here.

Second Report: Survey of Supervisors at U.S. Attorneys' Offices. GAO-04-616SP, May 28

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Kerry Talks About Veep Choice in Colorado

John Kerry was in Colorado yesterday for his first public campaign appearance in the state. He spoke in downtown Denver's Civic Park--where more than 1,000 people showed up in the rain to welcome him--and attended a fundraiser at a private home in Aspen, where he addressed his choice of Vice Presidential candidate. The man has a great sense of humor: [link now fixed]

Earlier Monday in Aspen, Kerry attended a brief fundraiser at the home of Michael Goldberg, president of the Miami-based airline leasing company Aerolease International. Kerry netted about $500,000. While there, Kerry started his speech by saying:

"Just to put your minds all at ease, I have four words for you that I know will relieve you greatly. How does this sound? Vice President Hunter Thompson."


Hunter was in attendance at the gathering. In Denver, Kerry stressed the need for funds for stem-cell research, among other things. You can read the text of his speech here.

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Comment Filter Problem Fixed

We're experiencing a problem with our comment filter program--apparently, it's blocking innocuous comments about mandatory minimum sentences and guidelines, to name a few topics. We should have it fixed soon, we apologize for the inconvenience.

Update: Fixed now. Somehow the filter blocked all comments with the letter "n." Let us know if you still have problems.

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Ashcroft: Soft On (Right-Wing) Terrorists?

by TChris

As he often does, Paul Krugman is asking the right question: "is Mr. Ashcroft neglecting real threats to the public because of his ideological biases?" Krugman wonders why Attorney General Ashcroft, who loves to make headlines when the Justice Dept. levels dubious accusations of terrorism against Muslims, hasn't said anything about the FBI's arrest of white supremacist William Krar, caught in possession of a lethal arsenal.

In the small town of Noonday, Tex., F.B.I. agents discovered a weapons cache containing fully automatic machine guns, remote-controlled explosive devices disguised as briefcases, 60 pipe bombs and a chemical weapon — a cyanide bomb — big enough to kill everyone in a 30,000-square-foot building.

Right-wing lunatics like Krar don't seem to merit Ashcroft's attention. His Justice Dept. instead focuses on the real bad guys: those who stand in the way of the concerns of big business.

Two weeks ago a representative of the F.B.I. appealed to an industry group for help in combating what, he told the audience, the F.B.I. regards as the country's leading domestic terrorist threat: ecological and animal rights extremists.

Animal rights activists and environmentalists don't go armed with cyanide bombs. They don't kill abortion doctors and they don't advocate the extermination of entire races. Funny how Ashcroft doesn't want to talk about the right-wing lunatics who are the real home-grown domestic terrorists.

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Doubts Grow About Guilt of Man Scheduled For Execution

by TChris

Darnell Williams is scheduled to die on July 9. There are so many doubts about his guilt that even his prosecutor doesn't believe he should be executed. Many of his jurors now agree that his life should be spared.

Williams' initial accuser later named someone else as the killer, and another man at the murder scene later recanted his testimony about Williams. New DNA tests revealed the presence of blood that didn't belong to either murder victim or to Williams.

Williams pleaded his case Monday before the Indiana Parole Board, which was told he met only twice with his defense attorney before the trial, which calls into question the quality of his representation.

An editorial in the Northwest Indiana Times says it well: "Putting Williams to death without erasing all doubts would be an injustice that cannot be corrected."

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Former MD Police Superintendent Sentenced

by TChris

A former Maryland law enforcement officer who had the attitude "The law applies to everyone but me" -- a police superintendent, no less -- received a six month sentence for misusing thousands of dollars in public funds.

Edward Norris, 43, and his one-time chief of staff, John Stendrini, 60, spent the money on dinners, hotels and encounters with women. In one case, Norris used money from the police fund — originally set up during the Depression to help officers' families — to buy Valentine's Day lingerie for his mistresses.

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Monday :: June 21, 2004

New Civil Liberties Bill Introduced

Press Release:

WASHINGTON, D.C. -– Senators Susan Collins (R-ME) and Ron Wyden (D-OR) have joined in a bipartisan effort to introduce legislation to further protect the civil rights and civil liberties of Americans. Their legislation aims to ensure that officials within the Department of Homeland Security have the ability to balance public safety with the civil right and liberties that are so important to Americans. The legislation will be referred to the Governmental Affairs Committee, which Senator Collins chairs.

“I am pleased to join with Senator Wyden in introducing this important bill,” said Senator Collins. “The Department of Homeland Security was created in response to the need to safeguard our homeland, and it represented the most significant government restructuring in 50 years. But in focusing our attention on protecting the homeland from future terrorist attacks, we also must ensure that we do not trample on the very values that the terrorists seek to destroy,” said Senator Collins. She added “Secretary Ridge has done an outstanding job at taking these sensitive and important issues into account. So it is the responsibility of the Congress to ensure that federal law supports goals that the Secretary has already undertaken.”

(379 words in story) There's More :: Permalink :: Comments

Federal Judge Declares Sentencing Guidelines Unconstitutional

A Massachussetts federal judge has declared the Federal Sentencing Guidelines unconstitutional:

In a scathing criticism of the system used to punish federal crimes, a judge on Monday called the government's sentencing guidelines unconstitutional, saying they unfairly limit the authority of judges. In a series of drug cases, U.S. District Judge William Young said the guidelines put too much power in the hands of prosecutors and give judges too little discretion in sentencing.

....In his ruling, Young said he believes the sentences handed down to five defendants were too harsh and violated their constitutional right to due process. Young asked the 1st U.S. Circuit Court of Appeals to throw out the sentences and send the cases back for new sentencing hearings.

Judge Young is not the only Judge to harbor such beliefs:

....many judges have lamented the stringent nature of the guidelines, and some judges have refused to take criminal cases because they object so strenuously to the rules."What judges have perhaps most strongly detested has been exactly what Judge Young says here, and that is that the Department of Justice acts, in a manner of speaking, as both prosecutor and executioner," Yas said.

As we point out here, the Guidelines came in under former President Ronald Reagan ...as did mandatory minimum sentences, laws allowing the death penalty for drug kingpins and the Bail Reform Act, which allowed Judges to deny bail for many drug defendants at the request of prosecutors.

Update: Judge Young's sentencing opinion describing "the reality of criminal sentencing under the Guidelines" (op.p.59) and holding that "the Guidelines system violates the constitutional rules announced in
Apprendi v. New Jersey and Ring v. Arizona" (id.) is 176 pages in length and can be found here. If that fails, go to the district court website, click on case information, opinions, recent opinions and then United States v. Green.

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New Poll Shows Dissatisfaction With Bush

by TChris

For the moment at least, President Bush has lost his long-held advantage as the candidate most likely to protect the country from terrorism.

Exactly half the country now approves of the way Bush is managing the U.S. war on terrorism, down 13 percentage points since April, according to the poll. Barely two months ago, Bush comfortably led Kerry, the presumptive Democratic nominee, by 21 points when voters were asked which man they trusted to deal with the terrorist threat. Today the country is evenly divided, with 48 percent preferring Kerry and 47 percent favoring Bush.

As the public continues to watch soldiers and contractors die with no apparent increase in security for the U.S., doubts about Bush's ability to combat terrorism are likely to grow, particularly among those who aren't closely allied with either party.

Virtually all of the recent movement against the war has occurred among political independents. Among those with no firm party ties, the proportion who said the war was "not worth fighting" increased from 48 percent in May to 59 percent in the latest poll.

Interest in the upcoming election is high. Kerry is seen as more "honest and trustworthy" than Bush by a margin of 52 to 39.

Bush's overall job approval rating held steady at 47 percent, at its lowest point in Post-ABC News polls, while his disapproval rating reached a new high of 51 percent. That leaves Bush in a shaky position politically, based on the rankings of other recent presidents seeking reelection.

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Native Americans Being Denied the Right to Vote

The New York Times has an editorial today on the problem of Native Americans being denied the right to vote in South Dakota during the June 1st special election that elected Democrat Stephanie Herseth to Congress.

Americans who happen to have voted strongly for Democrats in recent years and who are now being denied the right to vote -- either through systematic efforts to intimidate and harass and/or through haphazard implementation of voting laws, is a serious issue. It happened in 2002, it happened in Stephanie Herseth’s election on June 1st, and after comments like Congressman Tom Davis’ (R-VA) crack about the June 1 election that “If you take out the Indian reservation, we would have won,” we believe strongly that it may happen again this November when both Tom Daschle and Ms. Herseth are on the ballot.

You need to be aware of what’s going on in South Dakota. Sen. Daschle has launched a new public campaign to address this – with an effort to encourage the South Dakota Secretary of State to investigate and hold hearings, and to fund election lawyers at polling places this fall. Please support his effort. Please support Tom Daschle.

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