We knew there was justice somewhere in Florida....

The Florida Supreme Court set aside a Wednesday deadline for inmates to request DNA testing of evidence that could prove their innocence. By a 4-3 vote today, the justices said they were putting aside the deadline so they can take more time to consider the inmates' appeal challenging the deadline's constitutionality. They said they will hear oral arguments Nov. 7.

Here's background, along with a TalkLeft mini-editorial on the issue.

The AP reports on who is conducting the CIA-Plame investigation:

For now, the investigation is being done by FBI agents in the counterintelligence division, based at the FBI Washington field office, and overseen by 11 career prosecutors in the counterespionage section of the Justice Department's criminal division.

The article says Ashcroft could decide to go with a special prosecutor:

While the administration appeared cool toward naming a special counsel, Ashcroft has not ruled out that possibility, a senior law enforcement official said.
That decision will depend on a number of factors, such as whether a suspect is identified who presents a potential conflict for the Justice Department

News execs and reporters have concerns about subpoenas:

News executives expressed concern that the investigation could lead to subpoenas of reporters' notes and phone records — and the journalists themselves. "The question really comes down to whether there are other ways to do this that do less damage to the idea of the First Amendment, said Bill Felber, editor of The Manhattan (Kan.) Mercury, who handles freedom of information issues for the Associated Press Managing Editors. "This ought to be last resort, not a first resort."

There seems to be some interest focusing on whether Robert Nowak can be made to divulge the source of the leak about the identity of CIA operative Valerie Plame. First Amendment expert and law professor Eugene Volokh of The Volokh Conspiracy tentatively weighs in. Here's the applicable provision of the Code of Federal Regulations:

28 CFR 50.10

§ 50.10 Policy with regard to the issuance of subpoenas to members of the news media, subpoenas for telephone toll records of members of the news media, and the interrogation, indictment, or arrest of, members of the news media.

Because freedom of the press can be no broader than the freedom of reporters to investigate and report the news, the prosecutorial power of the government should not be used in such a way that it impairs a reporter's responsibility to cover as broadly as possible controversial public issues. This policy statement is thus intended to provide protection for the news media from forms of compulsory process, whether civil or criminal, which might impair the news gathering function. In balancing the concern that the Department of Justice has for the work of the news media and the Department's obligation to the fair administration of justice, the following guidelines shall be adhered to by all members of the Department in all cases:

(a) In determining whether to request issuance of a subpoena to a member of the news media, or for telephone toll records of any member of the news media, the approach in every case must be to strike the proper balance between the public's interest in the free dissemination of ideas and information and the public's interest in effective law enforcement and the fair administration of justice.

(b) All reasonable attempts should be made to obtain information from alternative sources before considering issuing a subpoena to a member of the news media, and similarly all reasonable alternative investigative steps should be taken before considering issuing a subpoena for telephone toll records of any member of the news media.

Update: Arianna drops out. She vehemently opposes the recall but does not endorse anyone as a replacement. She just wants to see Arnold defeated. Californians, please, vote no on recall.

Bump and Update: Arianna will announce her decision tonight on Larry King Live.

Arianna Huffington is scheduled to decide today whether to quit the recall race and announce her opposition to the recall and support for Bustamante. We think it's a noble move, but probably too little, too late.

Ending the longest jury deliberation in California history, jurors in the year long corruption trial of three former Oakland cops delivered verdicts of not guilty on 8 counts. They were unable to reach a verdict on 27 remaining counts and a mistrial was declared on those counts. The jury deliberated for four months.

The former officers, who called themselves the "Riders" and worked the night shift in one of Oakland's roughest areas, were charged with beating suspects, wrongfully accusing them of crimes, planting drugs and covering it all up by falsifying police reports.

....Oakland Police Chief Richard Word said jurors were "clearly troubled by the evidence" and stood by his decision to fire the officers.

Via Atrios: The Guardian's Julian Borger says that journalists are privately naming Karl Rove as the source of the CIA-Valerie Plame leak.

And, Kicking Ass notes it looks like the Justice Department gave the White House Counsel's office a heads-up and 12 hour pass on its order to preserve documents.

The department notified the counsel's office about 8:30 p.m. Monday that it was launching an investigation but said the White House could wait until the next morning to notify staff and direct them to preserve relevant material, McClellan said.

It's just silly to say this Administration can investigate itself. Left Coaster has a wrap-up of the reasons the Conservatives have given for appointment of special counsel. Now, of course, they try to wiggle out from under.

The FBI says it regrets labeling Dr. Steven Hatfill a "person of interest" in the Anthrax probe.

[FBI Anthrax probe leader Michael] Mason told reporters Monday that giving out "person of interest" information publicly "leads to the same sort of calamity" that occurred when Richard Jewell was wrongly accused in the 1996 bombing at the Atlanta Olympics. "It's very hard to take that back if you're wrong," Mason said.

Meanwhile, Hatfill's suit against the FBI and Ashcroft, "accusing the government of "a campaign of harassment" and unfairly singling him out," is pending.

So "person of interest" now becomes a justly deprecated term. We hope "under the umbrella of suspicion" is next.

We think this Cincinnati Judge went a little overboard here...he jailed an alleged rape victim for five days because she refused to testify against the man she said raped her. The case doesn't appear to involve an issue of a fabricated complaint. The accuser has said she was threatened and afraid to testify.

In citing the woman for contempt of court last week, [Judge] Dinkelacker said, "If victims don't participate in the system, we don't have justice." The woman, who had missed a hearing as well as the two trial dates, told the judge that neighbors threatened her and her children, calling her a snitch.

Actually, the Judge jailed her for ten days but she's now agreed to testify so he cut it to five.

Wouldn't it have been a better idea for the Judge to order the prosecution to investigate her claim of threats? And, if true, provide protection? The defense lawyer will have a field day cross-examining the accuser now: she'd do anything to get out of jail--even stick to a story that wasn't true.

From the Bill of Rights Defense Committee newsletter:

Please ask your House member and Senators to demand that Attorney General Ashcroft abandon his taxpayer-funded, politically motivated tour (which can no longer be labeled a "charm offensive") and engage in productive dialogue with Congress and others to fix the Patriot Act and other regulations enacted since September 11, 2003. See the letter to the GAO (PDF) from Rep. John Conyers Jr. and Sen. Patrick Leahy, ranking members of the House and Senate Judiciary Committees, respectively.

Also, there will be a grass roots conference on civil liberties and anti-terror legislation Act in Silver Springs, MD on October 18-19. Details here. Confirmed speakers & panelists include Laura Murphy, Ralph Neas, Nancy Chang, Grover Norquist, Alec Baldwin and more.

David Corn was the first jounalist to report on Robert Novak's column about White House officials outing Valerie Plame as a CIA operative in The Nation. He follows up with this report on the White House's handling of the CIA's request to have the Justice Department investigate the leak.

Here is a compilation of Corn's earlier coverage of the Valerie Plame affair:

7/16/2003 - "A White House Smear"

7/23/2003 - "White House Ducks Smear Inquiry"

8/16/2003 - "Will the CIA Protect the White House?"

David Corn's new book, The Lies of George W. Bush: Mastering the Politics of Deception, is out today.

The Lies of George W. Bush: Mastering the Politics of Deception
by David Corn

People for the American Way has an online petition calling for an independent investigation into the leak of CIA operative Valerie Plame Wilson's identity. Go sign. [Thanks to Renee for the tip.]

Late Monday the Justice Department notified the White House via e-mail that it was moving from a "preliminary probe" to opening a full-blown investigation into the alleged leak by Administration officials of the identity of CIA operative Valerie Plame, wife of former Ambasador Joseph Wilson.

The White House staff was notified of the investigation by e-mail after the Justice Department decided late Monday to move from a preliminary investigation into a full probe. It is rare that the department decides to conduct a full investigation of the alleged leak of classified information.

White House counsel Alberto R. Gonzales told the staff: "You must preserve all materials that might in any way be related to the department's investigation." Presumably that would include telephone logs, e-mails, notes and other documents.

Stay tuned....