New York Magazine has a 7 page interview with Hillary Clinton. The magazine attempts to decode her ambiguous answers on whether she will run for President.

I’m both pragmatic and realistic. I think I have a pretty good idea of the political and governmental challenges that are facing our leaders, and I’ll do whatever I can from whatever position I find myself in to advocate for the values and the policies I think are right for the country,” she said. “I will just continue to weigh what the factors are that would influence me making a decision one way or the other,” she added.

But many Clinton friends and confidants interviewed for the article agreed that the former first lady would ultimately run.

In the interview, she describes what she and husband Bill do for fun: [More...]

Amato and Armando NFL Show:

Our picks (marked J for John and A for Armando, disagreements in BOLD) - Dallas (-4) over Rams (J, A), Giants (-2) over Carolina (J, A), Vikings (-7) (J), Browns (+7)(A), Detroit over Washington (Pick) (J, A), New England )-7) (J), Tampa Bay (+7) (A), Houston (-3) over Ravens(J, A), Titans (-3) over Chargers (J, A), Saints (-7) over Cardinals (J, A), Packers (-3) (J), Bengals (+3) (A), Dolphins over Falcons (No Line) (J, A), Niners (-10) over Colts, Bills (+3) (J), Jets (-3) (A), Bears(-3) over Steelers (J, A).

I went 10-2-1, plus 17 units yesterday in my college picks. That's 20-5-2 and plus 31 units the last 2 weeks.

Open Thread.

I don't believe there will be a government shut-down on October 1. I think the Republicans will cave before then and a continuing resolution will be passed.

But, if there was, what would it mean for the federal courts and law enforcement? Would the DEA have to shut down wiretaps and put pending investigations on hold? Would it mean a suspension of DEA and FBI busts? Would DOJ be unable to prosecute cases? Would the NSA have to suspend its electronic surveillance programs?

According to the 2011 DOJ contingency plan, the answer to all of those questions is "No." All services essential for national security and public safety—including law enforcement are safe. The DEA, NSA, FBI, ATF, US Marshals and Bureau of Prisons will be open for business as usual. [More...]

Al Shabab, the Islamic extremist group from Somalia, has claimed credit for the Kenyan mall attacks.

A statement from al-Shabab on its official Twitter feed Saturday says the attacks are retribution for military action by Kenya inside Somalia. The group said it was now shifting the battlefield to Kenya.

The attack took place at the upscale Westgate mall, while the Red Cross was holding a children's event. The gunman asked Muslims to identify themselves, and told them to leave. The rest were fair game.

At least 39 people were killed, and more than 150 were wounded. [More...]

The Picks: Western Michigan +17½ Competitor: Iowa, Missouri -1 (3 units) Competitor: Indiana; Michigan State +4½ Competitor: Notre Dame, Wake Forest -3 Competitor: Army, Auburn +17 1/2 Competitor: LSU, Georgia Tech -7 Competitor: North Carolina, Utah State +7 Competitor: USC, Arizona State +6 1/2 Competitor: Stanford, Texas State +28 Competitor: Texas Tech, Utah +7 Competitor: BYU, Wisconsin -24 Competitor: Purdue, SMU +29 Competitor: Texas A&M, Louisiana Tech +10½ Competitor: Kansas

Season ATS - 20-22-1, +1 unit.

Listen to the Amato and Armando Show on Netroots Radio at Noon EST today.

Go Gators!

I'm off to visit a client in jail in the mountains. Here's an open thread, all topics welcome.

The Wall St. Journal has an article today about a recent 5th Circuit opinion reining in multi-district wiretapping. The opinion is here.

Here's an open thread, all topics welcome.

The Texas 3rd Court of Appeals has reversed the conviction of Former Congressman Tom DeLay for money laundering and conspiracy, finding the evidence insufficient to convict him. The reversal is an acquittal which means he cannot be retried. Nor will he have to serve his three year prison sentence.

An overview of his case from 2010 is here. Here's a Today Show video where he and his excellent trial lawyer, Dick DeGuerin, discuss the case.

Dick DeGuerin always predicted DeLay would never spend a night in jail. [More...]

The Office of Inspector General has issued a new report on DOJ's reporting of prosecutions and convictions, including terrorism cases. The report is a follow-up to a 2007 and 2012 report which found DOJ inflated its terror case statistics. The new report finds DOJ continues to misreport its record in terrorism cases. The OIG attributes the mistakes to shoddy record-keeping.

“These inaccuracies are important in part because DOJ management and Congress need accurate terrorism-related statistics to make informed operational and budgetary decisions,” [I.G. Director Michael] Horowitz said in a statement accompanying the audit’s release.

The full report is here. [More..]

Busy jail today for me. The federal immigration detention facility is in the flood impacted part of Aurora. By tomorrow, it should be fine, so that's where I'll be.

Here's an open thread, all topics welcome.

The FISA Court today released the August 29, 2013 opinion by FISA Court Judge Claire Eagen finding the NSA's mass telephony data program is constitutional and statutorily permissible.

The opinion is here.

[B]ecause there is no cognizable Fourth Amendment interest in a telephone company's metadata that it holds in the course of its business, the Court finds that there is no Constitutional impediment to the requested production.

[More...]

The Federal Judicial Conference issued a press release today supporting the Justice Safety Valve Act of 2013 which would give federal judges discretion not to impose a mandatory minimum sentence.

Acting on the recommendation of its Criminal Law Committee, the Conference agreed to seek legislation, such as the Justice Safety Valve Act of 2013 (S. 619), which is designed to restore judges’ sentencing discretion and avoid the costs associated with mandatory minimum sentences.

The judges are also seeking legislation that would early termination of supervision for inmates who have been granted compassionate release.