John Kerry is on a roll. Fox News television is reporting that he raised over 1/2 million dollars in the past three days, picking up over 40 of Gephardt's supporters. His crowds have been standing room only. He has front runner status. We just saw his wife on the debut of Deborah Norville Tonight on MSNBC. Very low-key. She was complimentary to Judy Dean and Joe Lieberman.

The question on the news analysts' tongues tonight is will a Dean defeat in New Hampshire mean Dean is done?

Lieberman is reportedly promising to stay on no matter how he does in New Hampshire. We think he should take the high road like Gephardt and withdraw if he doesn't do well in New Hampshire.

In other campaign news, CNN reports that it has gotten its hands on a memo from the John Edwards campaign that tells volunteers how to slam his Democratic rivals.

This is for real. We hope the Boston folks fight hard:

Some Bostonians are up in arms over a Homeland Security Department plan to hold foreigners under arrest in a new office building in historic Charlestown, the neighborhood that saw the first major fighting of the American Revolution. The federal government has signed a 10-year lease with developers in the section of Boston that is the site of the Bunker Hill Monument and the home of the USS Constitution and was the starting point for Paul Revere's ride.

"I think not only is there an irony, but there's a tragedy," said Abhijit Das, a 31-year-old lawyer who lives in a condominium near the building. He and his neighbors have raised $22,000 and hired lawyers and media advisers to fight the project. They say developers promised the building would be filled with stores and office space - not holding rooms for people awaiting deportation.

At least there's some strong opposition:

Opponents, including some city officials, have asked why the government decided to use office building that was not designed for high security. Federal officials said it was the only building to put in a bid. Mayor Thomas M. Menino said the Homeland Security facility does not belong in this neighborhood. The Boston Redevelopment Authority said it would violate zoning laws.

In the Crimes 'R Us* department:

Scott Peterson has a new trial judge.

Martha Stewart's jury pool is diverse.

Kobe Bryant's hearing Friday on the accuser's medical records is closed to the public. (pdf.)

Three medical groups are backing Rush Limbaugh's claim to privacy in his medical records.

Michael Jackson's accuser reportedly is ailing.

• Crimes 'R Us is an old website of our's that we don't keep as current as we'd like. But sometimes, the name just fits, as in this post.

We love The Horse. Go read the whole thing:

CBS: "BUSH APPROVAL SINKING"

BUSH APPROVAL LOWEST SINCE STEALING OFFICE DISAPPROVAL HIGHEST SINCE STEALING OFFICE

MAJORITY SAYS BUSH'S WAR NOT WORTH THE RISKS

SADDAM CAPTURE FAILING TO HELP FAILURE

AMERICANS THINK BUSH IMMIGRATION, SPACE "INITIATIVES" INSANE

57% SAY THINGS WORSE NOW THAN BEFORE BUSH SUCCESSFULLY PETITIONED SCALIA FIVE TO CRUSH BALLOT COUNT AND INSTALL HIM INTO PEOPLE'S WHITE HOUSE

[comments now closed, there are 127, we usually limit to 100.]

This article in Tuesday's Miami Herald paints a portrait of wrongly accused cops set free by a Perry Mason moment in which a witness admits committing perjury.

Not so fast, says Univ. of Miami law prof Michael Froomkin in Heartwarming Story of Crooked, Violent Cops and the Strangely Unnecessary Perjury that Got Them Off Charges for Burning and Beating a Frequent Felon.

Seems the perjury related to an incident two days before the cops beat and burned the victim, an unsympathetic career criminal.

Given that the core accusations against the cops were that they beat and burned the guy after they had him handcuffed and helpless, what possible difference can it make whether he threw a rock two days earlier? Or even if he, say, had killed a large number people?

Some vindication.

Update: You can read a transcript of the testimony here. (pdf)

In response to President Bush's State of the Union Address, the ACLU Tuesday night issued a statement on the Patriot Act: Fix it, Don't Extend it.

Reflecting deep public discontent with anti-terrorism legislation adopted in the weeks after 9/11, the American Civil Liberties Union tonight urged Congress to reject President Bush's request that Congress make permanent controversial provisions of the USA Patriot Act.

"In his State of the Union address, President Bush once again preyed on Americans' fears and insecurities to justify extending the controversial USA Patriot Act," said Anthony D. Romero, ACLU Executive Director.

"The sunset provisions of the Patriot Act that President Bush now wishes to override were designed to give Congress an opportunity in 2005 to see if the law was keeping America both safe and free," Romero said. "Amidst mounting criticism of the Act from Republicans and Democrats alike, Congress must not abdicate its responsibility and cave in to the President once again."

"While much of the Patriot Act is neutral legislation for civil liberties, it contains about a dozen provisions that simply go too far," Romero added. "These dangerous provisions increase the chances that innocent Americans will be swept into terrorism investigations by removing traditional checks and balances on law enforcement and oversight powers from the judiciary."

The families of British residents detained at Guantanamo plan to take their fight to the US--with the help of the ACLU:

Politicians, campaigners and lawyers joined relatives of the prisoners to launch the Guantanamo Human Rights Commission at the House of Commons. A delegation will travel to Washington in March to lobby politicians and raise awareness of the detainees' plight with the backing of the American Civil Liberties Union.

There are 9 Briton and 3 British residents among the 660 detainees at Camp Delta. Another 11 are from a variety of European countries, including France, Sweden and Germany.

We also want to keep mentioning that there are three 13 to 15 year olds being held at the camp, as well as an unknown number of 16 to 18 year olds.

Bump and Update: The Washington Post has the latest.

***********
Original Post 1/18 9:00 pm

Newsweek's Michael Isikoff and Daniel Klaidman write of the FBI's new theory on the identity of the 20th hijacker and how he got away. He is a Saudi named al-Qahtani, who in late August, 2001 was turned away trying to enter the U.S. in Orlando. The FBI now thinks he was to be the 20th hijacker on United Airlines Flight 93, which crashed Pennsylvania on 9/11.

9/11 ringleader Muhammad Atta was at the Orlando airport that same day and made a call on a pay phone to a Mideastern country—apparently concerned that his guest hadn't gotten off the airplane. A surveillance camera captured Atta making the call. Months later, a Saudi by the same name—al-Qahtani—was captured by U.S. troops in Afghanistan and flown to Guantanamo Bay, Cuba, where investigators later ID'd him as the man in Orlando.

....The Feds once thought [Zacarias] Moussaoui was the 20th hijacker—a theory they quietly abandoned last year when they concluded al-Qahtani was more likely the real one.

Watch out, this one's for real. Don't open emails that say "hi" in the subject line.

The "Bagle" or "Beagle" worm arrives in an e-mail with the subject "hi" and the word "test" in the message body. If the accompanying attachment is executed, the worm is unleashed and tries to send itself to all e-mails listed in the user's address book.

It's official. The trial of Scott Peterson, charged with killing his pregnant wife Laci and unborn child, will be held in Redwood City in San Mateo County.

Mark Geragos refused to waive speedy trial and said he's ready to proceed with pre-trial motions Monday, followed by jury selection. The prosecution is asking for a two week delay. Peterson will be moved to the county jail in San Mateo tomorrow.

Typical jurors in San Mateo County are college-educated or have graduate degrees, Boyarsky said. "There are a lot of people in the computer industry, like engineers and consultants. A lot of professional people, and teachers," he said. "It's a question of which side thinks that highly-educated jurors are going to favor their particular presentation."

"I love San Mateo!" Geragos said outside court. "If I had to be anywhere in Northern California, San Mateo County is a good place to be."

The prosecution also asked to keep the trial in Stanislaus County where Modesto is situated, arguing that the survey the defense relied on for a change of venue had been tainted. The Judge denied that request, saying he had placed little weight on the survey when making his decision.

The trial promises to be a huge media event.

Up to 400 witnesses and 250 journalists are expected to be on hand for the trial, which could last four to six months.

The day after....Dean holds a slim and dwindling two point lead over Kerry. Kos says the conventional wisdom is that Iowa should be good for five to ten points in New Hampshire.

Eric Alterman at Altercation has a good take on what we learned from Iowa last night.

Say hello to Blog for the Future by SEIU (Service Employees International Union).

Avedon Carol of Sideshow on Dean's loss last night:

Look, folks, one of the reasons you were supporting Dean was because, unlike his opponents, he looked like a guy who was more interested in the urgent business of beating Bush than in merely becoming the Democratic nominee. If you aren't interested in that same project of beating Bush, and only care about electing your candidate, you're just plain not serious. And we really don't have time for that.

DNC bloggers at Kicking As* will be blogging live in real time during the State of the Union Address:

Tonight during President Bush's State of the Union Address, come back to this thread for live coverage. As Bush gives his speech, we'll deliver the facts on Bush's record that belies the promises he'll be making. Discuss Bush's speech in real time as you learn the truth about Bush's failed policies.

You can also use this as an open thread on SOTU. What did you think?

Update: There was applause when Bush said that key provisions of the Patriot Act will expire next year--then embarassed laughter-- it may have been a mistake as there was also applause when he said we need to renew it.