Ralph Nader is still considering a presidential run, but it will not be as a Green Party candidate. Ralph informed the Greens of this today--if he runs, it will be as an Independent.

A disappointing decision today from Canada's Supreme Court, ruling 6-3 that the country's marijuana laws are constitutional and do not violate the nation's Charter of Rights and Freedoms. But, all is not lost, as the Court said Parliament could change the law:

"We conclude that it is within Parliament's legislative jurisdiction to criminalize the possession of marijuana, should it choose to do so," said the decision, co-written by Charles Gonthier and Ian Binnie. "Equally, it is open to Parliament to decriminalize or otherwise modify any aspect of the marijuana laws that it no longer considers to be good public policy."

New Prime Minister Paul Martin has said he will reintroduce a bill in Parliament to eliminate criminal penalties, including potential jail time and lasting criminal records, for those caught with small amounts of marijuana. Penalties would remain, and possibly increase, for large-scale growers and traffickers.

Today's decision could have a wider application than just in Canada. According to an e-mail we received from NORML,

The Canadian Supreme Court decision indicates that signatories to the 1961 United Nation's Single Convention Treaty on Narcotics, which include Canada, can modify their domestic drug laws, notably marijuana laws, towards a Dutch-like system of decriminalization and tolerance for adult use of marijuana.

The text of the decision is here.

Jeri Becker will be paroled, after all. She's served 23 years on a murder conviction. Last year the parole board granted her parole, but Gray Davis reversed it one month before he left office. The board has again granted Ms. Becker parole, and Gov. Arnie will not reverse it.

Schwarzenegger's role in Becker's release signals a momentous shift from the prior administration of Gov. Gray Davis who was widely lambasted for second-guessing his own appointees on the parole board by routinely overturning parole decisions.

In Becker's case, the state Board of Prison Terms granted her parole last year; Davis reversed that decision last October -- a month before his re- election. The board granted her parole again on July 30. On Monday, Schwarzenegger issued a statement declining to review the decision. Out of 18 cases to date, Schwarzenegger has approved or taken no action in six cases. He has reversed parole in all the other cases except one, which he sent back to the board for additional review.

Of the 267 inmates convicted of murder who were granted parole during Davis' term in office, he released only eight including three women who said they killed their victims after years of abuse.

Buzzflash has an editorial today warning Republican college kids that by backing Bush, they are likely to get the draft reinstated.

We are very, very, anti-draft here at TalkLeft. Always have been. And, like Buzz and Salon and others, we too have been warning readers about Bush's search to fill draft board vacancies.

Where's Country Joe when we need him?

Former Illinois Governor George Ryan pleaded not guilty today to official corruption charges and issued this statement:

....Lura Lynn and I have spent more than three decades in service to the people of Illinois. I have tried my best to be faithful to that service, and to earn the trust and support of the voters who elected me in election after election. I would not dishonor that trust by the kind of conduct the government has alleged, and I am grateful for the calls and letters that I have received from people who are standing by me.

I have retained Dan Webb, an outstanding trial lawyer and fighter, because I am not going to give up -- I will fight. I want to respond to the six years of abuse my family and I have endured as the federal government has torn apart my personal life with this intrusive and overbearing investigation. Therefore, I will not plea bargain -- I will go to trial and establish my innocence.

....I am innocent and the truth will come out in court.

Among the defects in the Government's case, according to Ryan's lawyer: There is no witness who will testify that Ryan took a bribe.

A Virginia jury rejected the death penalty today for John Lee Malvo in the "sniper trial." Malvo was 17 at the time of the crimes. This is a resounding defeat for Ashcroft:

Attorney General John Ashcroft had cited Virginia's ability to impose "the ultimate sanction" in sending Malvo and Muhammad to Virginia for prosecution.

Virginia is one of only 21 states that allow the execution of those who were 16 or 17 when they killed. Since the death penalty was reinstated in 1976, Virginia is one of only six states that have actually executed someone whose crime was committed as a juvenile.

Update: Jurors talk about deliberations. The vote began 7 to 5 for death. They say they were anguished and tormented. Muhammad's jurors discuss the verdict here--some get it, some don't.

And Virginia keeps killing juveniles.

New York Governor George Pataki has issued a posthumous pardon to comedian Lenny Bruce.

Comedian Lenny Bruce was granted a posthumous pardon by Gov. George Pataki on Tuesday for a nearly 40-year-old obscenity conviction prompted by a foul-mouthed political commentary. Pataki, a third-term Republican, called his decision to issue the first posthumous pardon in New York state history "a declaration of New York's commitment to upholding the First Amendment."

The campaign to win a pardon for the groundbreaking 1960s comedian was supported by his ex-wife and daughter, more than two dozen First Amendment lawyers and entertainers including Robin Williams, the Smothers Brothers and Penn and Teller. Floyd Abrams, a leading First Amendment lawyer and member of the campaign, said Pataki's decision "is really a major step forward in recognizing the mistreatment of Lenny Bruce personally and of the First Amendment that Bruce defended."

It's time for justice for Lenny Bruce. In May, we wrote this detailed post supporting the pardon quest,

Aren't you glad this cop isn't in your neighborhood? Who do you think will play him in the movie? This would be a funny story if it also weren't true.

A Brooklyn cop is being investigated for Internet postings in which he brags about beating suspects, writing phony tickets and ignoring calls to his precinct. The officer, identified by Internal Affairs investigators as a patrol cop who works in the 75th Precinct, uses the pseudonym "Brooklynbacon" and posts his messages on a site accessible through Xanga.com.

Alongside pictures of motorcycle trick riders, naked women, photographs with comical captions and pictures of human oddities, he posts messages supposedly about his job and, in some instances, his own misconduct. Any one of the offenses he describes could cost him his job.

We suspect Brooklynbacon commits three felonies before noon every day. Someone should relieve him of his patrol position fast.

In railing against an unspoken traffic ticket quota he says that officers must meet -- 10 tickets per week, he contends -- he writes: So I have come up with a better way of writing tickets. I just write down the plates of the cars that cut me off the the (sic) parkways and I send them a bogus parking ticket in the mail. The person will then have to deal with the Parking Violations Bureau and not me. Problem quickly resolved. So, in other words, be careful who you cut off on the road. They might be an off duty cop and they could write your plates down and write you a $150 parking ticket. Have a nice day."

The guy writes so much that is unique to his job that it didn't take long to smoke him out. But as of yesterday, he's still on patrol. Why?

After getting in a motorcycle crash, he got assigned to desk duty, of which he says:

"they assigned me to the wrong position.""I have neither sympathy nor remorse when people call me up complaining about their problems. I have no feelings when people complain about loud music and I could really care less if they are seeking information regarding a family member that has been incarcerated. Cry me a river."

What a piece of work.

This is a terrible idea. It figures it would be backed by law enforcement. We're talking about a proposed DNA databank in California.

The measure, championed by a Newport Beach, California, man whose brother and sister-in-law were murdered in 1980, would expand the range of crimes for which felons must submit DNA samples to the state's database to include nonviolent offenders, juveniles and uncharged suspects. The proposal has inflamed civil libertarians, who contend it flouts constitutional protections against unreasonable search and seizure, and has drawn the ire of public defenders who say it overburdens the cash-strapped state.

"Should we allow the government to engage in widespread searches?" Francisco Lobaco, the American Civil Liberties Union's legislative director, said. "It's the same concept as engaging in a non-consensual search of everybody leaving a mall because somebody has stolen something ... and putting that (information) in a database," Lobaco said.

....If voters approve the measure, it will allow California authorities to get DNA samples from everyone arrested or convicted on felony charges, as well as from misdemeanor sex offenders -- both adult and juvenile.

Let's hope the prohibitive cost of conducting 400,000 DNA tests a year will knock some sense into Californians. Isn't their budget crisis serious enough? Bruce Harrington, the sponsor of the bill--the man whose relatives were murdered--is a lawyer and real-estate developer who has already sunk $1.5 million into the measure. The state district attorneys association is supporting it and it may make it onto the November, 2004 ballot.

Laws should not be enacted out of grief or passion in response to a singular event--no matter how horrific.

Democratic contender Joe Lieberman and his wife have rented a two bedroom apartment and are moving to New Hampshire until the Jan. 27 primary. We must say, ole' Joe is making the most of his temporary surge resulting from Gore's backing of Howard Dean (the sympathy factor) and the capture of Saddam (as a pro-war candidate.)

Daily Kos reports Joe's surge has already peaked and is on the wane.

Newsweek gives Liberman the bad news -- the crocodile tears are helping him no longer. Poll conducted 12/18-19. MoE 6%. (12/11-12 results in parenthesis)

Dean 26 (24)
Don't Know 20 (14)
Clark 15 (12)
Lieberman 7 (12)
Sharpton 7 (5)
Kerry 6 (5)
Gephardt 5 (10)
Edwards 5 (5)
Braun 1 (3)
Kucinich 1 (2)

We admire Lieberman's spunk. We hope he loses.

Saddam does have supporters after all. Lawyers from Jordan and France are seeking to visit him and represent him at an Iraqi War Crimes Tribunal:

Saleh Armouti and French attorney Emmanuel Ludot are asking the U.S. State Department for permission to visit Saddam, who is being held by the American military at an undisclosed location in Iraq after his Dec. 13 capture.

"As soon as we get the authorization from the State Department we shall travel to Iraq and meet with Saddam Hussein to get an official empowerment from him," Armouti told The Associated Press.

The Arab state, while maintaining close relations with the United States, also has historically strong ties with neighboring Iraq and relied on Saddam's regime for its entire oil supply. Jordanian professional organizations, including the bar association, have long supported Saddam, including during Iraq's 1990 invasion of Kuwait. Bar association president Hussein Mejali said last week he believed Saddam was unlawfully deposed by coalition forces and unlawfully captured by U.S. troops.

Of course, Saddam's lawyers don't need to support him personally or his past actions or his regime -- only his right to a fair trial. We believe he should have a fair trial and a vigorous defense. But the tone of this article suggests that these lawyers support Saddam as well. Does that mean they will try to show his actions were justified? Or backed by the U.S. and other countries? How much power will the Bush Administration have in the decision as to who represents him in a foreign proceeding?

Update: More than 600 Jordanian lawyers have now volunteered to represent Saddam:

A Brooklyn, NY jury has rejected Attorney General John Ashcroft's push for the death penalty and returned a life sentence for a crack dealer convicted of murder.

The capital case, only the third in three decades in Brooklyn's federal district, drew attention last year after Ashcroft overruled local prosecutors' decision to seek a life term.

As we reported here, the defense told the jury in closing:

``This death penalty prosecution was ordered by John Ashcroft,'' defense attorney Richard Levitt told jurors. ``You don't have to listen to John Ashcroft.''

And at least one of them didn't. For more on how Ashcroft has been pandering the death penalty--even over the objections of his prosecutors--go here and here and here and here.