By T Chris

A report to be released Monday recommends that President Bush appoint an advisory board "to assess how new anti-terrorism measures such as the Patriot Act have affected Americans' civil liberties." The report, prepared by a federal terrorism commission chaired by James Gilmore, the former Republican Governor of Virginia, also criticizes the Homeland Security Department for focusing on the "crisis of the moment" without developing "a comprehensive, forward-looking strategy to combat terrorism."

Among other recommendations, the report will urge greater oversight of the use of spy satellites on targets in the United States.

An advisory board that is nonpartisan and well-informed might give good advice, but would that advice cause Homeland Security or John Ashcroft's Justice Department to develop a forward-looking vision that is respectful of civil liberties? Probably not, but the report to be released Monday will nonetheless make interesting reading.

By T. Chris

According to a recent study, the percentage of federal criminal prosecutions resolved by trial has declined from 15 percent in 1962 to less than 5 percent last year. Although the number of federal prosecutions has doubled in the last four decades, the number of trials has fallen.

The impact of the Federal Sentencing Guidelines, which reward most guilty pleas with an automatic reduction of the sentencing range a defendant would have faced if convicted at trial, explains the shrinking numbers.

On the criminal side, there is almost no dispute that the falling number of trials in the federal courts is because of the revisions in sentencing laws. Defendants who insist on a trial can face much longer sentences than those who accept a plea bargain.

From the government's perspective, the guidelines reward a defendant who accepts responsibility by pleading guilty. From the defense perspective, however, the guidelines penalize a defendant who unsuccessfully exercises his or her right to a jury trial. Defendants who face the certainty of a longer sentence if found guilty at trial are often understandably discouraged from leaving their fate to a jury.

Open Letter to John Kerry

Dear Senator Kerry,

We write this open letter as a group of bloggers whose audience you respect enough that you advertise on our web sites.

We are deeply disturbed that former staff members of your campaign and other Dean rivals now working at the so-called “Americans for Jobs, Health Care and Progressive Values” have resorted to the Willie Horton campaign tactic of linking Howard Dean to Osama Bin Laden. Vigorous competition among Democrats is expected and welcome, but all Democratic leaders should denounce these kinds of tactics.

Given your staff link to this attack through your former press secretary, Robert Gibbs—the new group’s spokesman— we feel it is incumbent on you and your campaign to make it clear that this kind of attack is unacceptable. Otherwise, there will be the appearance of covert cooperation by your campaign in supporting this effort.

If your campaign does not make clear that you have no link to this scurrilous attack, all of us will have to reevaluate our willingness to allow advertising by your campaign on our web sites.

We don’t expect to have to make that decision, since we have faith in your integrity and expect you to quickly make clear your denunciation of this destructive and anti-democratic operation.

Yours,

Atrios- Eschaton
Jeralyn Merritt- Talk Left
Nathan Newman- NathanNewman.org
Oliver Willis- Oliver Willis
Jesse Taylor and Ezra Klein- Pandagon

Update: Kerry and Gephardt deny they have anything to do with the ad.

By T. Chris

A teenager in North Carolina, accused of planning to explode homemade napalm bombs at his high school and keeping a "corpse list" of 20 names (including his own), will be prosecuted in juvenile court.

"Every one of us who is a parent has to have nightmares about what might have happened ... but nevertheless it is essential that we keep focused on what did happen and what needs to happen now," Chief District Court Judge William Hamby said. "It is not appropriate at this point to punish based on what might have been."

It is refreshing and encouraging to see a judge base a decision on what happened, not on what might have happened. The boy obviously needs help, and Judge Hamby deserves praise for having the courage to recognize that juvenile court is best situated to provide that help.

If the economy is improving, then why are 17,000 kids homeless in New York?

In a booming holiday season, the nation's most populous city reported Saturday that almost 17,000 homeless children and their parents live in city shelters -- twice as many families as in the 1990s.

On the other coast, we're glad to learn that Gavin Newsom, the newly elected San Francisco mayor, has declared his top priority will be solving the city's homelessness problem:

...his first moves will include creating a 10-year plan for ending chronic homelessness and going after "tens of millions" of new dollars in federal funding....In an interview with The Chronicle, Newsom said he also plans to create within six months about 550 units of new "supportive housing" for troubled homeless people.

The centerpiece of any plan, he said, will be creating more supportive housing, which gives the homeless a room to live in with counseling services in the same building to address the drug, alcohol or mental health problems that often put them on the street.

Tell Ralph Nader not to run and why....you can do it here on his own website. [link via Oliver Willis]

Rep. Jim Gibbons, R-Nev., wants the House Armed Services Committee to hold hearings on allegations that Halliburton, Vice President Dick Cheney's former company overcharged $61 million for fuel in Iraq. There's also the matter of an alleged $67 million overbilling for supplying cafeteria services to soldiers in Iraq. Gibbons said the charges are "an absolute outrage."

"If these allegations which were found in a Pentagon audit of government contracts is true, then it's time for Halliburton to break out its checkbook and refund American taxpayers," Gibbons said.

Gibbons, a committee member, is the first member of Congress to call for congressional hearings of the company. His request comes as Democrats demand further investigations.

While he doesn't think Cheney has any involvement in the Halliburton contract, Gibbons said the House committee should examine whether the contract was issued in exchange for campaign contributions.

Gibbons thinks Halliburton is just greedy. He's also upset another Pentagon audit that found "unclean conditions and rotting food in more than one cafeteria serving American personnel."

Cheney was the head of Halliburton from 1995 to 2000.

Former Gen. Wesley Clark will be a prosecution witness at the Milosevic War Crimes Trial Monday and Tuesday.

The Bush Administration is demanding that it be allowed to review videotapes of his testimony before they are released to the public.

Closed sessions are routinely held at the United Nations tribunal that deals with Balkan war crimes, but usually to protect witnesses's safety. The conditions of General Clark's appearance are new.

The court agreed to give the United States government 48 hours to review the testimony and to ask judges to suppress any it regards as sensitive. Two government lawyers will accompany the general.

Milosevic is acting as his own lawyer and will cross-examine Clark:

Prosecutors want to know how much Mr. Milosevic knew — or could have known — about crimes committed by members of the Bosnian Serb military who were on Belgrade's payroll and by Serbian police officers and other forces directly under his command.

General Clark faces direct cross-examination by Mr. Milosevic, who conducts his own defense and usually demands as much time to question a witness as the prosecution. Frequently, he is given more time.

You can watch videos of the trial here. Transcripts are here. Case details are here.

Why is it when politicians try to appeal to centrist voters, they always resort to the "get tough on crime" game? Howard Dean has decided to jump on the anti-terrorism bandwagon. He sounds like you-know-who:

As president, Howard Dean says, he would mold a global alliance that would hunt down and do away with "sleeper cells" of terrorists capable of wreaking widespread damage with weapons of mass destruction

Dean will suggest several collaborative anti-terror ventures involving the United States and its various allies....He also will propose increased intelligence sharing and joint anti-terror military operations.

Dean, in an interview carried on The Washington Post's Web site Saturday, suggested that on some issues, the difference between President Bush and himself was more of tone and temperament.

We expected this from Lieberman, but not from Dean. Is he going to support Patriot Act II also? It's beginning to sound like it.

This may have long been rumored, but it's the first we've heard of it:

A 78-year-old retired schoolteacher is coming forward after years of silence to claim she is the illegitimate mixed-race daughter of the late Sen. Strom Thurmond, her attorney said Saturday.

..."We're not trying to upset the Thurmond estate. We are merely bringing closure to Essie Mae's life, so her children have an opportunity to know from where they come, whether those ancestors are black or white matters not. It is part of our American history."

Williams told The Washington Post that Thurmond privately acknowledged her as his daughter and had provided financial support since 1941. The Post first reported her claims on its Web site Saturday.

Thurmond, "an arch segregationist," died in June at age 100. This, is classic:

Williams claims Thurmond fathered her long before his political career started, when he was a 22-year-old living in his parents' home in Edgefield, S.C. Her mother, then 16, had been working as a maid in the Thurmonds' home.

Ms. Williams met Thurmond for the first time around 1941:

Williams told the Post she first met Thurmond around 1941, when she returned to Edgefield for a visit at age 16. Her mother was suffering from an untreatable kidney disease and insisted on introducing her to her father, Williams said. In a meeting lasting 20 to 30 minutes, Williams said, Thurmond called her a "very lovely daughter."

"I was very happy. I knew I had a father somewhere, and it was wonderful to meet him."

Update: Strom Thurmond's family acknowledges Ms. Williams is the Senator's daughter.

[comments now closed]

By T. Chris

Republican Senator Orrin Hatch and and Democrat Senator Charles Schumer are co-sponsoring a bill to increase funding for witness protection programs. In a display of bipartisanship, the Senators seemed to agree that murdering witnesses is a bad thing.

By T Chris

A recent investigation concludes that the Bush administration's "efforts to shield the actions of, and the information held by, the executive branch are far more extensive than has been previously documented." And while the administration's emphasis on fighting terrorism might partially explain this devotion to governmental secrecy, the report concludes that the administration's efforts extend "well beyond security issues."

A five-month investigation by U.S. News details a series of initiatives by administration officials to effectively place large amounts of information out of the reach of ordinary citizens, including data on such issues as drinking-water quality and automotive tire safety. The magazine's inquiry is based on a detailed review of government reports and regulations, of federal agency Web sites, and of legislation pressed by the White House.

The report finds that the administration is:

• withholding information about product safety, including information about auto and tire safety issues that manufacturers are mandated to report to the government;

• withholding information about public health, including water quality, toxic hazards, and transportation safety issues;

• seeking to restrict public access to civil and criminal court proceedings; and

• thwarting the ability of Congress to provide effective oversight.

A democracy operates best when the public has access to the information it needs to make informed decisions about the job performance of elected and appointed officials. The Bush administration is making a concertedly undemocratic effort to evade public scrutiny of its actions and policies.

This is an important story. Kudos to U.S. News for reporting it and to PBS for producing an episode of NOW With Bill Moyers based on the U.S. News investigation.