by TChris

When only 21 percent of voters have a favorable view of a candidate, you've gotta wonder why the candidate is running. The National Annenberg Election Survey finds Ralph Nader to be a much less popular candidate now than he was during the 2000 election. Liberals don't like him. Conservatives don't like him. Even Jimmy Carter doesn't like him.

Former President Carter told fellow Democrats on Thursday that he would advise Nader to go back to "examining the rear ends of automobiles and don't risk costing Democrats the White House this year, as you did four years ago."

by TChris

The Department of Homeland Security seems to have misplaced $1.2 billion. It may have overspent its budget, or it may be having difficulty integrating the accounting systems of the various agencies that were brought together when the Department was formed last year.

Until the Department accounts for the discrepancy, it will stop hiring new employees in two divisions: Customs and Border Protection and Immigration and Customs Enforcement.

by TChris

More than two years behind schedule and $120 million over budget, the FBI hopes to finish modernizing its computer system by this summer. Will it all have been worth it?

The upgrade, known as Trilogy, is intended to move the FBI from decades of dependence on paper to the digital age. But congressional investigators and some lawmakers question whether the bureau can even run the new system.

The total cost will be about $600 million, not counting another $20 million that the Bureau wants so that its agents can read classified emails. Let's hope that $20 million is sufficient to keep high school hackers from busting into the system and publishing the classified information on the internet.

The General Accounting Office questions whether the FBI has an "overall vision that provides a guide for moving from current computer needs to those of the future."

Although the FBI is working on such a plan, the GAO said the entire system could be at risk of duplication, overlap and lack of integration. The GAO concluded that the FBI faces "a major challenge" in overcoming these obstacles.

by TChris

Having been burned by President Bush's end run around the "advise and consent" clause of the Constitution by appointing two conservative judges -- Charles Pickering and William Pryor -- who the Senate failed to confirm, Senate Democrats have vowed to halt any new judicial selections unless Bush agrees not to appoint more judges during a congressional recess.

"The President's use of recess appointments to circumvent the advise and consent process puts a finger in the eye of the Constitution," said Sen. Charles Schumer, D-N.Y.

Democrats are also upset that the White House has refused to fill vacancies on federal boards and commissions that require the appointment of Democrats.

John Kerry unveiled his new economic plan today:

John Kerry, promising to create 10 million jobs and keep them in America, said Friday he would cut corporate taxes by 5 percent and eliminate tax loopholes that push jobs overseas....Time after time, (the Bush) administration has put ideology first and jobs last. Today, I'm announcing a new economic plan for America that will put jobs first," Kerry said in remarks prepared for delivery Friday at Wayne State University in Detroit.

Analysts say the plan is risky because it cuts the taxes of some rich corporations and doesn't focus enough on middle class voters. We'd like to hear what Maxspeak and Brad deLong have to say.

More than 2.2 million jobs have been lost under Bush. We think the criticism is unfounded and Kerry is focusing on jobs for workers:

We now have a tax code that has American taxpayers paying to ship jobs overseas," Kerry said. "That makes no sense. And if I am president, it will end."
Current tax laws allow American companies to defer paying taxes on income earned by their foreign subsidiaries until they bring it back to the United States. If they keep the money abroad, they avoid paying U.S. taxes entirely. Kerry would require companies to pay taxes on their international income as they earn it rather than being allow to defer it. The new system would apply to profits earned in future years only, not retroactively.

Give to Kerry.

Courts have repeatedly rejected attempts to overturn California's harsh three-strikes law that mandates a life sentence for third time offenders, including those whose third strike was a minor, non-violent offense. According to LA Weekly, a recent study by the Justice Policy Institute (JPI) revealed these numbers:

...more than 42,000 prisoners — more than one-fourth of the state’s total — are serving doubled or 25-to-life sentences under Three Strikes. Nearly two-thirds of them are doing time for a nonviolent offense. That number includes more than 1,000 inmates serving 25-to-life for theft under $400 or drug possession. Some of their crimes practically define the word petty: One man is doing 31 years for stealing a pair of AA batteries; another got 25 years for shoplifting three packs of J.C. Penney T-shirts.

California's three-strikes law was enacted at a time when fear of crime was rampant. Like the unborn fetus protection bill that Congress passed yesterday, it was in large part a reaction to the death of one child who became a household name: Polly Klass.

The most organized, vocal group opposing three-strike laws is FACT--we have written about them a few times, including here. According to LA Weekly, the group just might get the issue on the ballot so voters can rethink the unjust law. They are seeking signatures for an initiative that:

... would make only violent and specific serious crimes count as strikes. It would also allow inmates convicted of minor offenses to appeal their second- or third-strike sentences, and would boost penalties for adults who molest children.

by TChris

Jurors deciding whether to convict former Tyco CEO Dennis Kozlowski and CFO Mark Swartz have been working hard. Jurors have twice asked the judge to define "criminal intent." In its second request, made on Tuesday, the jurors asked the judge to "go slowly" in explaining the concept.

Over objection of prosecutors, the court declined to give a more specific definition of "intent," telling the jury only that it refers to a state of mind. The judge told prosecutors that he was only following the law. "I know you're not crazy about it," said Judge Michael Obus, "but we just work here."

The key instruction appears to be: "A defendant is not guilty of larceny if he believes he had the authority to take the property." Jurors on Wednesday asked to have testimony read back that goes to whether Tyco's board of directors knew of and approved all of the compensation that the officers received.

By yesterday, the sixth day of deliberations, it was becoming apparent that jurors were in disagreement. Jurors sent the judge a note saying that the "atmosphere in the jury room has turned poisonous." Another note complained that one of the jurors had "stopped deliberating in good faith," suggesting that jurors may be deadlocked in an 11-1 vote.

The defendants moved for a mistrial, but the judge denied that motion this morning. The judge agreed that the note complaining of a "poisonous atmosphere" and "incendiary accusations" did not constitute "the best note we ever got" from a jury, but denied the mistrial motions because he didn't believe the jury was hopelessly deadlocked.

Update: Although jurors today reported that their deliberations were "irreparably compromised" by infighting, the court sent the jury home for the weekend, again declining to grant a mistrial. Interestingly, one of the jurors apparently made an "OK" sign while walking past the lawyers. Whether the "OK" was intended for the prosecution or defense is unclear.

A new group has sprung up on the Internet, Republicans for Kerry. They seem serious, so if you have Republican friends, you might want to send them the link.

by TChris

In an attempt to blunt critics who say that the Bush administration has been less than fully cooperative with the commission investigating the administration's response to terrorism prior to 9/11, the White House has agreed to make national security advisor Condoleezza Rice available to answer more questions. However, her return appearance is subject to two stipulations: she will only answer questions in private, and she will not answer questions under oath.

The insistence on a private appearance, arguably justified by the need for secrecy with regard to some aspects of national security, is undercut by Rice's frequent appearances on news shows to spin the administration's viewpoint. More troubling, however, is the administration's refusal to let Rice testify under oath. Does the White House think that lying is so ingrained in Rice's job description that she shouldn't be subject to a criminal penalty for lying to the Commission? Does she plan to answer questions with her fingers crossed behind her back?

The Pennsylvania Supreme Court today ruled today in the case of the public defender who was jailed for refusing to continue representing a defendant in a rape and murder trial after he had punched her co-counsel in court. The Court ordered her to stay on the case.

In an emergency ruling, the court let stand a judge's decision to hold attorney Andrea Konow in contempt of court for refusing to represent a man accused of murdering a 6-year-old girl after he sucker-punched his other defense lawyer during his trial. The lawyer, Fred Goodman, was not hurt by the unexplained attack, which came Monday just after prosecutors rested their case. He was allowed to withdraw.

Issuing a stay in this case would reward the capital defendant for his misconduct by providing him with an unwarranted new trial _ which may very well be the reason he punched one of his lawyers in the face in the first place," Castille wrote. Castille also chided Konow for "flouting her ethical obligation to the court." In a footnote, he wrote that if it was true she had suddenly become too afraid of El-Shabazz to represent him, she "may want to consider another line of work."

The Court's opinion is available here. One Justice dissented but hasn't filed her opinion yet.

Background on the case is here and here. Ms. Konow, by the way, is not only a supervisor in the Philadelphia Public Defender's homicide unit, she is also "staff" (i.e., regular faculty) at Gerry Spence's Trial Lawyers College in Wyoming. [hat tip to Peter Goldberger for the info and links.]

A survey released today by the Army shows that at the end of last summer, 52% of soldiers in Iraq reported having low morale. 75% believed they are being poorly led by their officers.

In addition, seven in 10 of those surveyed characterized the morale of their fellow soldiers as low or very low. The problems were most pronounced among lower-ranking troops and those in reserve units. The survey was part of a study initiated by the Army last summer after a number of suicides provoked concern about the mental well-being of soldiers in Iraq. The report faulted the Army for how it handled mental health problems, saying some counselors felt inadequately trained and citing problems in distribution of antidepressant medication and sleeping pills.

A senior Army commander said these numbers should set off alarm bells.

In its findings on suicide, the report confirmed data previously released by the Army that the rate among soldiers in Iraq in 2003 was higher than for the Army generally, but lower than that of U.S. men of a similar age range. There were 23 confirmed suicides among Army troops in Iraq in 2003, for a rate of 15.6 per 100,000 soldiers, the report said. That compares with an Army average in recent years of 11.9, they said.

Wow...check out SouthPaws, just started by Political Wire. It's an aggregator of liberal political bloggers:

Please help test two new Political Wire features. Southpaws features blogger commentary from the Democratic, left-of-center perspective. Wingers highlights Republican, right-of-center views. Each page is updated every hour throughout the day and night.

A big thanks to Taegan Goddard for putting this together.