by TChris

Some people never learn.

David Duke, a former leader of the Ku Klux Klan who was released to a halfway house in Baton Rouge, La., a month ago after serving a year in federal prison for fraud, has been meeting his work release obligations by performing duties for the "white civil rights" group where he is president, he said yesterday.

His job duties are unclear. Washing sheets and hoods, perhaps?

by TChris

A new report (pdf) by the Sentencing Project (summarized here) reveals a shocking rise in the number of inmates serving life sentences -- an increase that wasn't justified by rising crime rates, or by any other justification beyond the "get tough on crime" mindset that has gripped politicians for more than two decades.

The number of convicted felons serving some kind of life sentence has rocketed to 127,000 nationwide -- an 83 percent jump since 1992. More than a quarter of them are ineligible for parole.

The explosion in life sentences stems in part from three-strikes laws and their variants.

In California, almost 60 percent of the lifers in a three-strikes conviction are serving the time for a nonviolent offense.

Imposing life sentences on nonviolent offenders is a waste of society's resources, including the inmate's life.

by TChris

It had to happen. Say a critical word about the Bush administration or any of its activities, and the right-wing will launch an attack. It happened to Paul O'Neill. It happened to Richard Clarke. It happened to Gen. Shinseki. Now it's happening to Maj. Gen. Taguba.

The buzz in the right wing is that Taguba is "embittered" and has "a grudge against the Army." Right. That's why he's chosen to devote his life to serving his country in the military. At least they can't claim he's only trying to sell a book.

The assertion is that Taguba is bitter because his father, one of 10,000 Filipinos drafted to fight in World War II, wasn't properly recognized after 20 years of military service. So ... Taguba is getting even with the military by ... telling the truth? Or ... he's jeopardizing his career by fabricating a report because he has a grudge about the military's failure to honor his father? The logic in this attack is non-existent, but that's the way right-wing attacks work. Sadly, this one isn't likely to be the last.

by TChris

Law Professor Sanford Levinson asks a timely question: What is torture?

For over a decade, the United States has lived with a loose definition of "torture" that is significantly out of line with that of most of the rest of the world and invites the kind of manufactured distinctions that give lawyering a bad name. Moreover, officials in both Congress and the executive branch have winked and nodded at practices such as sending prisoners to countries that will do our dirty work for us.

Levenson explores the ambiguities that inhere in the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, as well as the U.S. Senate's rather more limited understanding of torture, tacked on to the Convention as a condition of consenting to U.S. ratification.

It is easy to understand but difficult to accept one of Levenson's conclusions:

Why, then, should we feign shock that inexperienced, frightened, and foolish—it is almost pointless to view them as "evil"—young soldiers would have had little or no understanding of what the limits were on what they could do? They have received not the slightest trace of genuine leadership on this issue.

True, a failure of leadership is largely responsible for the abuses inflicted in Iraq. The soldiers who abused prisoners should not shoulder the blame alone, but neither should they be excused because appropriate limits had not been set. A soldier shouldn't need a JAG lawyer to explain that it's wrong to attack a prisoner with a dog or to engage in the humiliating acts revealed in the Abu Ghraib photographs.

Still, there's no doubt -- as Major General Antonio Taguba said today -- that a failure of leadership, going at least as high as Brigadier General Janis Karpinski, is to blame. In fact, the entire fiasco in Iraq stems from a failure of leadership: by Rumsfeld, Cheney and Bush.

Nick Berg, a 26 year old American contractor whose decapitated body was found in Iraq Saturday, reportedly was killed in retaliation for American abuse of Iraqi prisoners. His execution was videotaped and shown on an Iraqi website associated with al-Qaida and Islamic extremist groups:

A video posted Tuesday on an al-Qaida-linked Web site showed the beheading an American civilian in Iraq in what was said to be revenge for abuse of Iraqi prisoners. The video showed five men wearing headscarves and black ski masks, standing over a bound man in an orange jumpsuit - similar to a prisoner's uniform. The man identified himself as Nick Berg, a U.S. civilian whose body was found Saturday near a highway overpass in Baghdad.

"My name is Nick Berg, my father's name is Michael, my mother's name is Suzanne," the man said on the video. "I have a brother and sister, David and Sarah. I live in ... Philadelphia." After reading a statement, the men were seen pulling the man to his side and putting a large knife to his neck. A scream sounded as the men cut his head off, shouting "Allahu akbar!" - "God is great!" They then held the head up to the camera.

The killers read statements in the video, among them:

So we tell you that the dignity of the Muslim men and women in Abu Ghraib and others is not redeemed except by blood and souls. You will not receive anything from us but coffins after coffins ... slaughtered in this way."

Our heart-felt sympathies go out to Mr. Berg's family. We can't think of anything worse for any parent than watching your child tortured, brutalized or executed.

Kobe Bryant is expected to enter a "not guilty" plea today, which will result in a trial date being set within six months. Yesterday's hearing and this morning's were behind closed doors. The accuser attended as a spectator.

The defense is also asking for expanded voir dire-- they will want to weed out jurors seeking fame or fortune from serving on a jury in such a high profile case. We also think race will be an issue in jury selection.

Today the Judge will hear arguments about whether the accuser can be referred to as "the victim" at trial. We hope he rules "no"--that pre-supposes a crime has been committed of which the accuser is a victim. It implies Kobe's guilt. There is a name in the law for the complaining witness in a rape case--prosecutrix--maybe they should just call her that.

Denver defense attorney Jeralyn Merritt thinks race may well be an issue with potential jurors, given that the case involved a black man charged with a white woman's rape. Merritt said you don't ask the potential jurors if they're prejudiced because everyone will deny that they have a prejudice against racial minorities.

"The trick is to ask open-ended questions that will draw them out," Merritt said. "You want them to talk about their biases and prejudices."

[Defense Attorney Larry] Pozner agrees. "America is not yet free of racism," he said. "The American system is not yet an ideal place for either side."

We'll be discussing this week's hearings today on MSNBC's Abrams Report, 6pm ET.

Congresswoman Diana DeGette (D-CO) says for the good of the nation, Rumsfeld must resign:

Secretary Rumsfeld's reckless leadership has jeopardized the lives of American soldiers and is seriously compromising our ability to prosecute the war on terror. It is not enough to be appalled by their actions. Day by day what was accomplished by the removal of Saddam Hussein is being undermined by our directionless occupation. Prior to the war, Mr. Rumsfeld told the American people time and time again that our troops would be greeted as liberators. As it turns out, instead of winning the hearts and minds of Iraqis, the American occupation is alienating many and sending some into the arms of extremists.

There have been too many failures under Secretary Rumsfeld's stewardship. It was his Pentagon that provided wholly inaccurate intelligence on the threat Iraq posed to the United States. It was his Pentagon that failed to create any plan to secure Iraq after the fall of Saddam Hussein. It was his Pentagon that failed to provide sufficient troops to quell the violence in Iraq. It was his Pentagon that failed to provide our G.I.s with body armor and sufficiently armored Humvees. It is not enough for Mr. Rumsfeld to come before Congress and express sorrow for the atrocities committed under his watch. The resignation of Secretary Rumsfeld is the first step for us in correcting this laundry list of failures. The American public demands accountability. Our brave men and women in uniform deserve nothing less.

We've agreed to be a sponsor at a reception for Diana on June 1, to benefit her re-election campaign. We must raise $1,000.00 for her. Please help. She doesn't have an on-line contribution page, but you can contribute through our paypal page by making a donation that ends in $.33. Any amount is fine.

Diana DeGette is an outstanding Congresswoman. Before serving in the state legislature and Congress, she was a criminal defense attorney. She is personally opposed to the death penalty. She authored the Colorado "bubble bill" protecting women at abortion clinics--which law was later upheld by the U.S. Supreme Court.

Kos at Daily Kos says the Democratic party has become the party of appeasement:

We have become a party of appeasers, afraid to respond lest the Rove boogeyman jump out of the bushes and bite them in the rump. Dean helped kickstart a change in our party's culture, but it has temporarily receeded as the Kerry people consolidate their victory and take over the party apparatus. Kerry has rightly kept quiet as Bush digs his own grave, but where are our attack dog surrogates? Where are our Democrats being Democrats?

Atrios adds his thoughts:

....in my relatively limited contact with DC Dems his assessment of them as frightened little bunnies is spot on. Too many people in the establishment seem to be comfortable in their role as minorty party. I don't know why. So, we're going to have to fight the good fight for them.

We agree. The Dems need to seize the moment. Bush is now beyond vulnerable and has moved into the defeatable category. Let's get on it.

Kelley Kramer responds to the Adminstration's media spin on the torture photos.

Quixote Files calls for an investigation into the role of Major General Geoffrey Miller to determine if he was the one responisble for setting up the conditions that allowed torture at Abu Graib prison.

Nicholas Yarris, the Pennsylvania death row inmate who was exonerated by DNA evidence and released from prison after serving 22 years ome months ago, knows Charles A. Graner, Jr., one of the prison guards who's charged in Iraq,and says he's a bad apple-- violent and abusive-- and that he had been reprimanded. More on Graner here. In a new press release we received by e-mail, Yarris says:

According to Yarris, Graner was responsible for moving prisoners within the facility and was "violent, abusive, arrogant and mean-spirited" toward Yarris and other inmates. Yarris said he knew of several instances in which Graner was involved in physically assaulting prisoners. Yarris also states that Graner was reprimanded by his superiors on several occasions and was disliked by both prisoners and other prison employees. Upon learning that Graner - a reservist called to active duty in Iraq in May 2003 who receives a $500 per month stipend from the DOC - was given a supervisory role at Abu Ghraib based on his civilian training and experience in Pennsylvania, Yarris expressed disgust.

"He was at the bottom level of prison guards," Yarris states, "so he must've done a good job bragging to the military about what a 'big shot' he was at [SCI-]Greene." Yarris also confirmed that, prior to being taken out of their cells, prisoners held in Administrative Custody at SCI-Greene were forced to strip naked in front of the transport team, lift their genitals, and bend over for a visual "inspection." The sexual humiliation of the prisoners at SCI-Greene is eerily similar to the tactics used by military personnel under Graner's supervision against Iraqi prisoners at Abu Ghraib.

Juan Cole gives Bush a fisking over his remarks Monday on Iraq. A must read. Here's a sample:

"BUSH: Mr. Secretary, thank you for your hospitality, and thank you for your leadership. You are courageously leading our nation in the war against terror. You are doing a superb job. You are a strong secretary of defense. And our nation owes you a debt of gratitude . . . "

Mr. Rumsfeld's leadership has brought the country to the brink of international disaster. It was his leadership that allowed dozens of Iraqi prisoners (the Red Cross estimates 90% of all prisoners held by the US were innocent) to be tortured, some tortured to death. His determination to create spaces of extra-judicial status contributed centrally to the practice of torture at Abu Ghuraib. Rumsfeld is personally responsible for most of the things that have gone wrong in Iraq. His one good enterprise, the war in Afghanistan against al-Qaeda, now appears to have been undertaken with great reluctance, half-heartedly, and to have been abandoned as soon as possible, all so he could plunge the US into the Iraq quagmire. He even stole $700 million from a Congressional appropriation for Afghanistan and spent it on Iraq. The sums involved dwarf even the Iran-contra scandal.

If you know anyone who's interested, pass this along--we received it by e-mail from the Children's Defense Fund:

Development Associate sought by Fight Crime: Invest in Kids, a national bi-partisan organization of law enforcement leaders and crime victims advocating investments in children's programs. This position works with a three-person team to raise a $5 million budget from foundations, special events, individuals, and corporations. Requires excellent written and oral communication skills, 2-3 years development experience, proven organizational ability, strategic thinker, and interest in rapid professional growth. Salary low to mid-30's, commensurate with experience. Excellent benefits. Apply online http://www.fightcrime.org/jobs . No calls please.

They will accept faxed writing samples as part of the application.

A Sing Sing prison inmate who was slashed by another inmate and almost died after cooperating with prosecutors against a gang member has been awarded $7.65 million in damages.

A jury has awarded a former Sing Sing prison inmate a $7.65 million judgment against high-ranking corrections officials, saying they did not heed his pleas for protection after cooperating with prosecutors against a gang leader.
The ruling was handed down by a federal court jury in Manhattan that found the state Department of Corrections “conspired to violate” the inmate’s constitutional protections against cruel and unusual punishment by not segregating him from gang members. The inmate was slashed by another prisoner and nearly bled to death at Sing Sing in 1998, according to his lawyer.

The jury ordered state Corrections Commissioner Glenn Goord to pay $5 million in punitive damages and Sing Sing security chief William Connolly to pay $2.5 million. It ordered an additional $150,000 in compensatory damages. Although the court found the two men individually responsible, the state would pay if the verdict stands. The state has vowed to appeal. It’s believed to be the largest judgment against high-ranking corrections officials, according to the inmate’s lawyer, Paul Kerson.