Filmmaker and author Michael Moore wants Wesley Clark to run for President.

Clark's announcement is just days away -- rumor right now has it for the 17th. His DraftClark website will be shutting down. You can find current news about Clark at the Clark Sphere and the Clark Tribune, which we recommend you bookmark.

What a news article to wake up to on a Sunday: Saudi Arabia Beheads Marijuana Smuggler

A Saudi drug trafficker was beheaded Sunday, a Ministry of Interior statement said. Dhaher bin Thamer al-Shimry was convicted of smuggling marijuana into the kingdom...

The Saudis have beheaded 41 people so far this year, mostly for drug offenses. Last year the total was 49. It makes us nervous that Bush and Ashcroft keep asking for more death penalty-eligible offenses and that Orrin Hatch's "Victory Act" equates many drug offenses with terrorism, providing for correspondening penalties (under the rubric that they are "narco-terrorist" offenses.)

While the U.S. won't be advocating beheadings, re-read the article substituting "executed by lethal injection" for "beheaded" and it is not that far-fetched that it could happen here. Bob Barr used to call for the death penalty for drug traffickers.

Right now the death penalty for drug offenders is reserved for those that intentionally cause, command or counsel death in connection with their drug enterprises. How big a stretch is it for the government to increase its ambit further, bit by bit? First up might be meth manufacturers who deposit toxic byproducts from the lab by the roadside--then who knows?

Yes, this is very off-topic, but the news has been depressing today and we need some diversion. People Magazine reports that four days after calling off their wedding due to media mania, Ben and J.Lo have split, Ben initiated it and J.Lo is "devastated." She flew to Miami where she was spotted jogging and swimming with friends on a public beach.

Fame. Be careful what you wish for.

Johnny Cash At Folsom Prison
Buy Today!

Cocaine Blues (aka TRANSFUSION BLUES) (T.J. Arnall)
Johnny Cash - 1958

Early one mornin' while makin' the rounds
I took a shot of cocaine and I shot my woman down
I went right home and I went to bed
I stuck that lovin' 44 beneath my head

Got up next mornin' and I grabbed that gun
Took a shot of cocaine and away I run
Made a good run but I ran too slow
They overtook me down in Juarez Mexico

Late in the hot joints takin' the pills
In walked the sheriff from Jericho Hill
He said Willy Lee your name is not Jack Brown
You're the dirty heck that shot your woman down

Said yes, oh yes my name is Willy Lee
If you've got the warrant just a-read it to me
Shot her down because she made me sore
I thought I was her daddy but she had five more

When I was arrested I was dressed in black
They put me on a train and they took me back
Had no friend for to go my bail
They slapped my dried up carcass in that county jail

Didn't take them long after Bush's Quantico speech, did it?

S 1604 (Specter, R-PA), to increase criminal penalties relating to terrorist
murders and deny federal benefits to terrorists, to Judiciary. S11349,
remarks and text S11351, CR 9/10/03.

S 1606 (Kyl, R-AZ), to strengthen and enhance public safety through pretrial detention and post release supervision of terrorists, to Judiciary. S11349,remarks and text S11353, CR 9/10/03.

[Thanks to Neal Sonnett, Esq. of Miami for the heads up]
Bills available on Thomas, the Federal Legislation Server. Just type in the bill numbers.

Free Tommy Chong--Action Alert --Tell Congress To Stop Prosecuting Paraphernalia Sellers

Ironically, Tommy Chong was sentenced on September 11, 2003, exactly two years after the worst terrorist attacks in American history. With Osama Bin Laden still on the loose and President Bush admitting that the war on terrorism is far from over, it is preposterous that we would waste valuable law enforcement resources locking up a comedian for selling glass pipes. Can anyone here honestly say they feel safer today because Tommy Chong, a comedian and actor, has been sentenced to 9 months in federal prison for selling pipes on the internet? Of course not. These laws do nothing except make criminals out of otherwise law abiding businessmen.

Will the 9th Circuit halt the recall election?

We are off to Sonoma (wine country) California to speak at the California Public Defender's Association Conference tomorrow. Our topic: Defending the Despised Defendant: Why We do What We Do. Talk about preaching to the choir, if anyone knows the answer to that question, its public defenders, who work impossible hours for low pay, with little or no glory. But it's been one of our more popular talks, even with non-lawyer organizations, and we never get tired of giving it.

We'll check in here tonight but won't resume normal posting until Sunday. Enjoy the weekend.

Bump and Update: Did the feds threaten to prosecute Chong's wife or son if he didn't plead guilty? One of the commenters to our post about Chong's guilty plea in May said he talked to Chong and that's what Chong told him.

I spoke with Tommy, he said that, "if he didn't plead guilt that they, the government, was going to charge his son, Paris, and his wife, Shelby."

We've also heard it from a legal source who is unconnected to the case. It's a rumor at this point, but if true, this should be disclosed so the public can learn about such prosecution tactics.

Here's a detailed news report on yesterday's sentencing. Howard Bashman of How Appealing says the Judge used to be a lawyer at his law firm.

****************
From 9/11...11:56 am.

Absolutely outrageous. Tommy Chong, one half of the team Cheech and Chong, was sentenced today to nine months in federal prison because he had a business that sold bongs and drug paraphernalia on the Internet. Chong was one of those rounded up during one of Ashcroft's massive raids in Feburary during his Operation Pipe Dreams. He was the first defendant of 55 around the country to plead guilty. Chong also forfeited $100,000.00. After getting out of prison, he will have to be supervised for another year. He was fined $20,000. At least he was given a voluntary surrender.

This stinks.

The second session of the Assembly of States Parties to the Rome Statute of the International Criminal Court, taking place from September 8 to 12 in New York, this morning considered the establishment of an International Criminal Bar.

Esteemed counsel Neal Sonnett of Miami tells us:

During the proceedings on September 10th, Registrar Bruno Cathala stated that "without a worthy defense there is no such thing as a fair trial after the judges and the Prosecutor, the defense is the third pillar on which a court of justice rests."

In response, the representative from Canada stated that "the reputation and
ability of the International Criminal Court to succeed will to a great extent rely on its ability to service the needs of defendants and ensure that they obtain proper representation and in this regard, I would like to emphasize that good work has already been done, in terms of assistance in this regard by the International Criminal Bar, and I would urge us to build on its efforts as we develop a plan that will adequately ensure that the services and the infrastructure that is required by the defense bar is provided."

Don't you wish the Department of Defense understood that?

The L.A. Times reports on its latest poll which shows that a recall is favored by 50% of the respondents. With the undecided vote at 3%, that puts the recall in a statistical dead heat.

Bustamante's unfavorability rating has increased, but he still commands a lead over Swarzenegger. Gray Davis' unfavorability rating has decreased.

Here are the election rules:

The first part of the recall ballot is a yes-or-no question on whether to dump Davis as governor. To stay in office, Davis needs a majority vote against the recall. The second part is a list of 135 candidates vying to succeed Davis. If voters kick Davis out of office, the replacement candidate with the highest number of votes will take his job. Voters can pick a successor regardless of their vote on the Davis referendum.

This is very interesting.... Edwards Becomes A Favorite Among Union Members:

The largest union in the AFL CIO decided Thursday to delay making a presidential endorsement. The delay comes as John Edwards has apparently become of the favorites among union members.

The wait by the Service Employees International Union comes two days after the top contenders spoke to union officials in Washington.

Conference participants were asked to rank their two favorites before and after they heard the candidates. Union president David Stern says Edwards vaulted into the top three candidates within the union after he talked to the members. He pushed out Massachusetts Sen. John Kerry.

....Several union members say they liked Edwards' populist message. He highlighted his working-class background as the son of a mill worker.

Just a few days ago, the news said Howard Dean "wowed them" at their convention.

This is an important endorsement. Gephardt has been a prime contender, then Dean, now Edwards. Looks like it's still up for grabs.

Will the Republicans never learn how to nominate a judge? This editorial from Newsday is right on the money. Some highlights:

The blast of Republican invective that followed Estrada's decision was probably inevitable in the run-up to next year's presidential election. But if the goal is to fill court vacancies and not just make points with the Republican right wing, then President George W. Bush blew it in a way that bodes ill for any Supreme Court nominations on his watch.

Bush should have advised Estrada not to stonewall legitimate Senate inquiries. And he should have allowed senators a look at Estrada's legal writings from his time in the solicitor general's office. Lacking any real sense of what Estrada thinks about the legal issues of the day, senators were right to block his appointment to the powerful U.S. Circuit Court of Appeals for the District of Columbia.

Stealth nominees shouldn't be rewarded with lifetime jobs on the federal bench. Neither should nominees with ideologies outside the broad mainstream of political thought, like the handful currently being blocked, as Estrada was, by Democratic filibusters.