Josh Marshall of Talking Points has the scoop on this morning's story that talks are underway between Howard Dean and Wesley Clark joining forces. It may be a dirty trick of the Dean campaign. We hope not, that's pretty low.

And forget about that talk that all the retired four-star general and former NATO boss wants is the veep nomination. Supporters say that's a dirty-tricks campaign pushed by rival Howard Dean who's scared of a Clark candidacy. Says Frisby: "Wes Clark firmly believes that he is the best choice to be president, not be vice president or hold any other government post."

Here's more from Josh.

This tonight on the DraftClark website, from this AP article:

There's lots of misinformation going around about what's in Patriot Act I. If you want the straight scoop, a section by section analysis, published by Matthew Bender and Lexis Publishing, try this (we're proud to say we co-authored it.)

For an an in-depth, section-by section analysis of the Patriot Act, for only $19.00, check out Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001: An Analysis by Stanley Mailman; Jeralyn E. Merritt; Theresa M. B. Van Vliet; Stephen Yale-Loehr (published by Lexis Publishing and available on line through the link above or the Lexis.Com bookstore.)

"It contains expert analysis of the important substantive changes included in the Uniting and Strenthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, Pub. L. No. 107-56, 115 Stat. 272. The organization of the pamphlet tracks the legislation, broken down into sections discussing the statute's provisions with respect to each of the following topics:

enhanced surveillance procedures
money laundering and financial crimes
protecting the border
investigation of terrorism
providing for the victims of terrorism, public safety officers, and their families
information sharing among federal and state authorities
strengthening the criminal laws against terrorism
improved intelligence

The authors describe the important changes made by the legislation and analyze the potential impact of those changes--both positive and negative."

Here is the text of the new terror bill President Bush is promoting. It is H.R. 3037, introduced September 9 by Congressman Tom Feeney.

Several people have asked what's so bad about allowing the Government to bypass the courts and get administrative subpoenas. Here are the details of the provision, with analysis, by Kyle O'Dowd, Legislative Director for the National Association of Criminal Defense Lawyers (NACDL):

Overview:

• Allows DOJ to issue non-judicial subpoena to persons or entities requiring that they appear (most likely, in the U.S. Attorney’s office) to produce records and answer questions

• Applies to any investigation concerning a Federal crime of terrorism

• Area of questioning not limited to authenticity of any documents produced

• Requires attendance up to 500 miles away

• Allows AG to issue non-judicial gag order and punishes violations with incarceration

• In the event the subpoena is challenged in court, judicial review of the government’s submission is conducted in secret

Analysis:

Tom MacGuire over at Just One Minute has moved to typepad. Adjust your bookmarks.

Lots of readers ask us why we don't endorse Cruz Bustamante for Governor of California. We oppose the recall--and Prop 54--but are not taking a position on who should be elected if the recall passes. LA Weekly has this less than flattering profile of Bustamante, which just adds to our unease about him. Just vote "no" on recall. If enough people vote "no" and the recall is defeated, it's a moot issue. [edited for clarity]

Who is Cruz Bustamante, this generally conservative, pro-business Democrat -- ” the most prominent California backer of conservative Democratic presidential candidate Joe Lieberman, longtime chairman of the anti-liberal Democratic Leadership Council -- ” who, without credentials, is running as a reinvented left-liberal in this recall election? And would Bustamante, who has read his only two policy speeches of this campaign word for word, even exist politically without his controversial political consultant and lobbying string puller, Richie Ross?

....Since the lieutenant governor has little power and few duties, it is unclear to many Capitol observers what Bustamante has been doing for much of the past five years. Friends say that he keeps busy. “He has lots of meetings,” says one. “He works at staying visible. ....

There's lots more.

The California Supreme Court had bad news for Andrew Luster today--he can't appeal his convictions or 124 year sentence due to his flight.

The so-called "fugitive disentitlement doctrine" generally prohibits or limits fugitives from appealing federal or state convictions. Not allowing Luster to challenge his conviction "offends fundamental notions of human dignity and constitutes cruel and unusual punishment," attorney Roger Diamond wrote in court briefs to the California justices, who on Wednesday refused to hear the case. "He should have a right to go ahead with the appeal," Diamond said in an interview.

Diamond will appeal to the U.S. Supreme Court.

Now we just need Mexico to leave Dog the Bounty Hunter alone.

The Washington Supreme Court has ruled that police need a warrant before installing a Global Positioning System tracking device on a suspect's car. It is the first court in the country to rule this way.

"Use of GPS tracking devices is a particularly intrusive method of surveillance, making it possible to acquire an enormous amount of personal information about the citizen under circumstances where the individual is unaware that every single vehicle trip taken and the duration of every single stop may be recorded by the government," Justice Barbara Madsen wrote in the unanimous decision

She raised the prospect of citizens being tracked to "the strip club, the opera, the baseball game, the `wrong' side of town, the family planning clinic, the labor rally." The closely watched case had evoked worries about police using the satellite-tracking devices like Big Brother to watch citizens' every move.

Doug Honig, a spokesman for the American Civil Liberties Union of Washington, said ... Attaching a GPS device to a car is "the equivalent of placing an invisible police officer in a person's back seat," Honig said. "Our state constitution has very strong protections for privacy. Some other states also have very strong protections for privacy. This will be a strong precedent for them to look at and for any law enforcement agency around the country."

Our first thought: Scott Peterson, accused of murdering his pregnant wife Laci, will be very happy to hear this--although if the ruling was based on Washington's state constitution as opposed to the Fourth Amendment, it may not be adopted by California. Washington's state constitution has very strict privacy protections.

We don't have anything unique to say about today being the anniversary of September 11. Our reader TK says, "light a candle."

Stephen Green of Vodka Pundit says he is angry, but not terrorized. Stephen is a terrific writer, and while most of the time we find we don't share his political beliefs, we respect him and always appreciate when he offers up a good read, as he does today.

For our part, we will stick to what we know, and continue to point out that the Administration's anti-terror laws do not make us safer, only less free.

Greg Palast: Bush Resignation Hailed by World Leaders:

The surprise resignation of the forty-third President of the United States, George W. Bush, on the second anniversary of the terrorist attack on America, was hailed by chiefs of state throughout the world. Mr. Bush announced that after, "two years of bloodshed, economic devastation, and spreading fear in America and abroad," he saw no choice but to accept that, "I have held a title which I did not win, and for which I have proven unqualified."

Read the text of the former President's September 11 address to the nation.

Ten inmates facing texecution will get new hearings to determine if they are mentally retarded.

The Supreme Court banned executing the mentally retarded in June, 2002. Since then, 28 Texas death row inmates have been granted rehearings.

New Michael Moore book coming out in October:

A description:

In case anyone in Washington hasn't noticed, Americans are fed up with the status quo. In this, the first shot fired over the bow of the 2004 Presidential election, Michael Moore aims to unseat the man who slithered into the White House on tracks built by the bloody hands of Enron and greased with the oil of his daddy.

DUDE, WHERE'S MY COUNTRY? tells us precisely what went wrong, and, more importantly, how to fix things. In a voice that is fearless, funny, and furious, Moore takes readers to the edge of righteous laughter and divine revenge. Tapping into the collective and widespread discontent of everyday Americans, DUDE, WHERE'S MY COUNTRY? provides an incisive look at Republicans, Democrats, and the robber barons of corporate America as it maps out what regular citizens can do to storm the halls of power and reclaim their stolen country.

Dude, Where's My Country
by Michael Moore

As we wrote last year on this day,

What a day to have a birthday. Not fun, we bet. Both Daily Kos and Mad Kane begin another year of life today, we hope you'll go over and extend good wishes.