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Wednesday :: September 17, 2003

Report by Lawyers' Group on Post-9/11 Laws

A new report by the Lawyers Committee for Human Rights, titled “Assessing the New Normal,” examines changes to U.S. law and security policy since September 11, 2001 in five areas: government openness; personal privacy; immigration; security-related detention; and the effect of U.S. actions on international human rights standards.

The report concludes that while certain changes in law and policy have been sensible and constructive, many others threaten basic rights and freedoms, and taken together reflect a significant departure from rule of law principles. The report highlights how what it terms the “new normal” has meant a diminution of legal safeguards, a breakdown of the system of checks and balances (in particular, judicial oversight of executive branch decisions), and a reduction in government openness and accountability.

Each chapter contains a set of policy recommendations—including calls for increased congressional oversight, rolling back certain provisions of the USA PATRIOT Act, and close scrutiny of additional measures being proposed by the President and Attorney General John Ashcroft. [Thanks to Patriot Watch for the link]

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Official Wesley Clark Campaign Site

General Wesley Clark's campaign website is Americans For Clark. It's up and running.

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Seattle Voters Defy Drug Czar

Voters in Seattle today approved a measure strongly opposed by Drug Czar John Walters. It directs police and prosecutors to make marijuana arrests and prosecutions their lowest priority. Walters personally campaigned against the measure in Seattle on September 10.

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The Right Goes After Clark

Hesiod at Counterspin says the radical right's smear campaign against General Wesley Clark is underway. Clark joined the Presidential race today. Scoobie Davis has the details and says Hesiod is right on the money. Read both.

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Va. Judge Rules Juvenile Offenders Can Be Executed

The state court judge presiding over the trial of sniper suspect John Malvo who was 17 at the time of the alleged crime has ruled that he can be executed.

International laws and treaties do not prohibit Virginia from executing juveniles, a judge ruled Wednesday in the case against teenage sniper suspect Lee Boyd Malvo.

Defense lawyers had argued that an overwhelming consensus of foreign nations and certain international treaties combined to bar the execution of people under 18 at the time of their crime.

"The world has spoken. This isn't a close call. This is the world against us," said defense lawyer Craig Cooley. "Some things are so absolutely abhorrent to humanity that it is simply unacceptable. We are at that point when we talk about the execution of children."

The defense team argued that international consensus is a factor in U.S. law. The U.S. Supreme Court evaluates society's "evolving standards of decency" when considering whether a punishment is unconstitutionally cruel and unusual.

Last month the Missouri Supreme Court ruled the death penalty uncontsititutional for juvenile offenders. Here are the current statistics on executing juvenile offenders, from the National Coalition Against the Death Penalty ( NCADP):

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Who Will Be on The Clark Team?

Daily Kos provides his take on the Wesley Clark campaign team. Some members he likes, some he doesn't. He thinks Chris Lehane, who recently departed the Kerry campaign, will be jumping on board. Kos predicts a Dean/Clark battle right up until the very end.

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Say Hello

Say hello to the DNC's new blog, Kicking Ass. This entry from yesterday is on Ashcroft's assault on librarians. [link via Atrios.]

And to The Drug War Rant, where you can stay up to date on the Government's latest follies in the War on Drugs.

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L.A. Bans Lap Dancing

The morality police are out in full force in L.A. The Los Angeles City Council has banned lap dancing at strip clubs.

The City Council has voted to ban lap dances and all other physical contact between entertainers and customers at strip clubs, bikini bars and adult bookstores. A "no-touch" rule would require dancers to remain at least six feet from customers even when dancers are tipped. The council also voted Tuesday to outlaw "VIP rooms," where nude dancers perform privately.

....Supporters of the law argued that strip clubs contribute to prostitution, drug use and violence.

At least one attorney, Roger Diamond, is challenging the law. Many dancers are opposed to the law because it threatens their liveihoods.

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Kathy Boudin Leaves Prison

Former radical Kathy Boudin left prison today after more than twenty years. Our good wishes go out to her and her son Chesa. We've expressed our support for Ms. Boudin's parole several times, inlcuding here and here.

Update: You can access the transcript of her parole hearing here.

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Tuesday :: September 16, 2003

Freed Terror Suspect Seeks $10 Million From U.S.

We haven't seen this reported in very many American papers, but it is all over the European press. A terror suspect arrested and jailed in Great Britain for five months as a result of a U.S. extradition request has sued the U.S. and the F.B.I. for $10 Million in Damages :

A pilot who spent five months in a British jail accused of training Sept. 11 hijackers has filed $10 million claims against both the FBI and U.S. Justice Department for ruining his life, his lawyer said Tuesday.

Lotfi Raissi, a British-based Algerian who studied at a flight school in Arizona, was arrested in London 10 days after the Sept. 11, 2001, attacks and held at the high-security Belmarsh prison.

Washington accused Raissi, 29, of training some of the hijackers. But he was later cleared of wrongdoing by a British judge, who said U.S. officials had failed to present any evidence to back up accusations that he had links to terrorism.

Lawyer Jules Carey in London said Raissi's legal team had filed claims with the Justice Department and the FBI in the United States seeking damages for wrongful prosecution and imprisonment. Even though the allegations against him were proved false, no airline will now employ Raissi as a pilot, Carey said.

"The consequences for Mr Raissi have been utterly ruinous," he said. "His entire life, both personal and professional has been blighted by the allegations and it is time for the US and UK authorities to acknowledge their part in his undoing."

The Sunday Mirror reported on the case (3/4/03, available on Lexis.com):

Last year the US accused Lotfi Raissi, an Algerian pilot living in Britain, of being the "lead instructor" of the 9/11 hijackers. There was, said the FBI, video evidence and telephone records to back up their case and Raissi could face the death penalty. But then nothing, no evidence was produced and after months in custody he was freed.

The Guardian reported on the details of the U.S. case against Raissi (7/4/03, available on Lexis.com):

According to Amnesty International: "The US authorities' reasons for seeking Lotfi Raissi's extradition included the fact that his identity and profession fit a certain profile: an Algerian man and a Muslim, a pilot and a flight instructor in the USA." So what if he's not guilty. He just has to look the part.

The case sounded familiar to us, and we remembered that we too had commented on the case during Mr. Raissi's imprisonment, agreeing with the British Courts decision to release him on bail, over the objections of the U.S. The U.S. had gone to great lengths to argue to the British court that he should remain behind bars. The case was continued a few times while the Court gave the U.S. more time to produce evidence against Raissi, which it was never able to do.

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EBay Does Not Protect You From Big Brother

The next time you think about buying or selling on Ebay, consider this article detailing how easy EBay make it for law enforcement to obtain information on you. According to Joseph Sullivan, director of the "law enforcement and compliance" department at eBay:

"We don't make you show a subpoena, except in exceptional cases," Sullivan told his listeners. "When someone uses our site and clicks on the `I Agree' button, it is as if he agrees to let us submit all of his data to the legal authorities. Which means that if you are a law-enforcement officer, all you have to do is send us a fax with a request for information, and ask about the person behind the seller's identity number, and we will provide you with his name, address, sales history and other details - all without having to produce a court order. We want law enforcement people to spend time on our site," he adds. He says he receives about 200 such requests a month, most of them unofficial requests in the form of an email or fax.

The meaning is clear. One fax to eBay from a lawman - police investigator, NSA, FBI or CIA employee, National Park ranger - and eBay sends back the user's full name, email address, home address, mailing address, home telephone number, name of company where seller is employed and user nickname. What's more, eBay will send the history of items he has browsed, feedbacks received, bids he has made, prices he has paid, and even messages sent in the site's various discussion groups. [link via What Really Happened]

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Clark to Make Pre-Dawn Web Announcement

If you're an early riser, and a Wesley Clark supporter, head on over to DraftWesleyClark.com at 6:30 ET Wednesday morning.

Early Wednesday morning, General Wesley Clark will webcast a special message to all members of the Draft Clark movement, hours before making a formal announcement of his decision to enter the race for President.

The official announcement will be at 12:00 noon CT.

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