Bump and Update: Fox News reports that the hearing will go forward and the defense plans on calling witnesses to attack the accuser's credibility. We'll try to post updates throughout the day. If you're not into Kobe news, just scroll past this.

Kobe Bryant has arrived at the Eagle County courthouse for his court hearing scheduled to begin at 3 pm ET but whether it goes forward remians unclear.

Will it go forward? Hard to say. Up until yesterday, we were pretty sure the Judge's recent rulings that the accuser did not have to be present or testify and refusing to close the courtroom to the public would result in a waiver of the hearing. Now, it's anybody's guess.

John Walters, Bush's Drug Czar, is seeking to give random urine tests to schoolkids.

President Bush's drug czar told New England governors Wednesday that drug testing in schools would be an effective way to combat a growing problem of drug use among young people, but area school officials caution there are problems with it

Thankfully, school officials are expressing reluctance:

I don't believe it's reasonable to randomly test kids," said Wesley Knapp, superintendent of the Southwest Vermont Supervisory Union.There would have to be some basis for suspecting a student of using drugs before taking further steps, he said. In that case, some action may be justified, he said. "It's an infringement of freedom, and kids have the same constitutional rights as adults," he said.

....Charles Scranton, the headmaster of Burr and Burton Academy in Manchester, said he was completely and totally against across-the-board drug testing. "For those who have put themselves in that position it's one thing," he said. "It could erode a positive culture and climate at a school."

[link via Hit and Run]

[comments now closed]

The ACLU , Veterans for Peace and other civil rights groups are demanding proof from the Government that detainees at Guantanamo are not being tortured.

Citing news reports that the United States government may have tortured detainees or subjected them to "cruel, inhuman or degrading treatment," the American Civil Liberties Union, the Center for Constitutional Rights and medical and veterans' groups today asked agency officials for proof that that the U.S. is honoring its obligations under domestic and international law.

"The government's blanket assurances that it is not engaging in torture or illegal interrogations, while welcome, are not enough," said Amrit Singh, a staff attorney with the ACLU. "Those assurances have failed to address numerous reports documenting the torture of individuals held in U.S. custody. We are asking for records that will demonstrate whether the government is in fact complying with its obligations under domestic and international law."

Details of the groups' request can be found here.

From Behind the Homefront (Reporters' Committee for Freedom of the Press):

UNUSUAL SECRECY IN GUANTANAMO SPYING CASES. The United States is taking extraordinary measures to keep a lid on information related to the espionage investigation at the Guantanamo Bay, Cuba, prison for suspected terrorists, according to a report today from The Associated Press. The AP reports that military officials at Guantanamo have classified routine documents, blacked out the signature lines on court pleadings to hide the identities of lawyers, and forced visiting reporters to sign a pledge saying they will not ask questions about the espionage investigation. Specifically, the pledge form states, in Orwellian fashion, that the reporter will not ask about "ongoing operations, future operations or investigations that are pending."

The New York Times details the importance of Maria Shriver to Arnold's victory, calling her the No Longer 'Secret' Weapon. Our prior thoughts on Maria's importance to the campaign are here.

The Miami Herald today reprints a letter from Tim Predmore, on active duty with the 101st Airborne Division near Mosul, Iraq. The letter was originally published in the Peoria Times, but if you missed it last time around, give it a read now. It begins:

For more than six months I have participated in what I believe to be the great modern lie: Operation Iraqi Freedom.

It ends with:

My time is almost done. We soldiers have faced death in Iraq without reason or justification. How many more must die? How many more tears must be shed before Americans awake and demand the return of the men and women whose job it is to protect them rather than their leader's interest?

The FBI has confirmed it planted a concealed listening device in the office of Philadelphia Mayor John F. Street. The agency refuses to say whether the bug was legally or illegally installed.

The bug was found during a routine sweep of Street's office by police. The Democrat is a locked in a bitter rematch against Republican businessman Sam Katz, and the campaign has been marked by charges of threats and race-baiting. Election Day is Nov. 4.

At a meeting with reporters Wednesday, Street said for the second day that he didn't know who bugged his office or why. "I haven't done anything wrong, and I don't know that anybody in my cabinet or in my staff around me has done anything wrong," Street said. Street's campaign suggested the bugging was instigated by the U.S. Justice Department for political reasons.

If the FBI is publicly acknowledging putting a bug in the Mayor's office, we suspect it one that was lawfully obtained. Meaning the correct procedure was followed to get it. But that doesn't mean it will turn out to be legally valid. That takes months for courts to determine.

Why won't the FBI or Justice Department acknowledge a lawful order now? They may believe they are prohibited from disclosing details about it until a Court authorizes them to do so. Here's how it works:

This just in via email :

The House Judiciary Committee voted 28-1 to report favorably H.R. 3214, the Advancing Justice Through DNA Technology Act of 2003, a comprehensive package of programs that provides over $1 billion over the next five years to assist Federal and State authorities in solving crimes and protecting the innocent.

H.R. 3214 includes the Innocence Protection Act of 2003, which would help ensure eligible inmates access to DNA testing to establish their innocence and would authorize grants to the States to improve the quality of legal representation in capital cases.

The bill currently has 147 cosponsors, and we anticipate that it will shortly come before the full House. An identical bill has been introduced in the Senate (S. 1700) with 18 cosponsors.

Major credit is due Congressman Bill Delahunt (D-MA) and his counsel and Legislative Director Mark Agrast.

For our newer readers who may not be aware of TalkLeft's political and legislative agenda, and older readers who may not remember, here is a sample of what we support and advocate for on this site:

A moratorium on the death penalty now, abolition in the future.

Passage of the Innocence Protection Act.

Eliminating mandatory minimum sentences and racial disparity in sentencing.

Greater protections for non-citizens and restoration of discretionary relief from deportation.

Fair treatment of juvenile offenders - and commitment to the juvenile justice system where they are charged as juveniles rather than adults.

Adequate funding for indigent defense

Increased scrutiny of law enforcement requests for greater powers and resources

Blocking passage of the Victims Rights Amendment and other attempts to treat the Constitution as a “rough draft.”

Preventing more anti-terrorism laws passed in haste, without adequate opportunity for review.

Ensuring our laws reflect a balance between our need for security and the cherished individual freedoms that distinguish our nation and make it the beacon of liberty.

Protecting our civil liberties. We oppose increased wiretapping, surveillance and intrusion into the privacy rights of ordinary citizens.

Legal recognition of same-sex unions and protecting the legal rights of surviving partners.

Legalizing the use and distribution of marijuana for medical purposes to ease the suffering of so many afflicted Americans.

An end to the Drug War.

Abolishing felony disenfranchisement to allow ex-offenders to participate in our democracy.

Opposing right-wing judicial activists and maintaining the independence of our judiciary.

We believe in an individual's right to bear arms under the Second Amendment and generally oppose gun control measures.

This is by no means an exclusive list, but it should provide readers with an idea of what TalkLeft is about and why it is called TalkLeft: The Politics of Crime. For more about our purpose here, please visit our about page.

Additional positions we support can be found here.

We wrote yesterday about Bush's about-face on the leaks investigation into which senior administration officials disclosed the name of CIA operative Valerie Plame. Bush now says the leaker may not be found. Yet, he's sure it isn't one of his top three aides. Why? Because they denied it. The Chicago Tribune today details reaction of some in the legal community to Bush's statements:

Mary Cheh, a Georgetown University law professor, called such statements "quite irregular" and said they could have a chilling effect on the investigation. "It will take someone of considerable fortitude [in the Justice Department] to look past such statements" and investigate any of the three men, she said. Chilling effect? `Sure'

Abner Mikva, who served as White House counsel to President Bill Clinton, said that despite McClellan's statement absolving the three aides, "I would hope that the Justice Department will do whatever it is supposed to do anyway. But does it have a chilling effect? Sure it does."

Jeralyn Merritt, a criminal defense lawyer in Denver, said that if Bush does not know the name of the leaker, his White House certainly could not categorically rule out involvement by Rove, Libby or Abrams. "I think a special counsel would be an excellent idea," she said.

New York University law professor Stephen Gillers said McClellan could not have known whether the three aides were being truthful. In leak cases, he said, those who have secretly disclosed information go to great lengths to conceal their participation. Gillers also said it did not help that Bush appeared to be soft-pedaling the investigation by publicly doubting whether it will bear fruit, even if most probes into leaks don't yield the name of the perpetrator.

Don't miss Rep. John Conyer's letter to Karl Rove calling for his resignation.

Now that the documents have been turned over to White House Counsel, we expect the next battle to be over executive privilege. Here's more on the executive privilege issue.

We've had our say in the final update of the post below this one. Your turn. Here's an open thread on Arnold. No profanity or namecalling--otherwise, speak your mind.

[Comments now closed, thanks for your thoughts.]

At 8:01 (PT), Fox News projects that Gray Davis has lost the recall by a landslide and Arnold Schwarzenegger has been elected Governor. Also, the network projects that Proposition 54, the Racial Privacy initiative, has been defeated. CNN projects the same.

These projections are based on exit polls. CNN says women voted for Arnold 42% over 37% for Bustamante. In other words, the last minute sex smears didn't work.

Early news reports confirming Arnold's win: ABC News. The Arizona Republic runs with the headline Calif. voters revolt against Davis.

Jay Leno will be introducing Arnold when he comes out to make his victory speech.