By a vote of 309-118, the House of Representatives voted today to add a provision repealing Patriot Act secret searches, called "sneak and peaks," to a $37.9 million funding bill.

The move would block the Justice Department from using any funds to take advantage of the section of the act that allows it to secretly search the homes of suspects and only inform them later that a warrant had been issued to do so.

Supporters of the change say that violates both the U.S. Constitution and the long-standing common law "knock and announce" principle -- which states the government cannot enter or search private property without first notifying the owner.

"Not only does this provision allow the seizure of personal and business records without notification, but it also opens the door to nationwide search warrants and allowing the CIA and NSA to operate domestically," said the amendment's sponsor, Idaho Republican Rep. C.L. "Butch" Otter.

The provision is Section 213 of the Patriot Act, "Authority for delaying notice of the execution of a warrant."

Section 213 is often referred to as the “sneak and peek” section. It authorizes surreptitious search warrants , seizures upon a showing of “reasonable necessity” and eliminates the requirement of Rule 41, Fed. R. Crim.P. that immediate notification of seized items be provided.

Two British citizens being held at Guantamo Bay and facing military tribunals received assurances from the Bush Administration today that they will not face the death penalty.

The agreement was announced by Lord Goldsmith, Britain's Attorney General.

Goldsmith also reported "significant progress" in other areas, saying in a statement that U.S. officials had agreed to allow the British defendants to choose their own U.S. civilian lawyers, use British lawyers as consultants and speak confidentially with their attorneys. More contact with families and immediate visits by British officials were also promised, as were public trials, he said.

While this sounds like a good beginning to us, the lawyers and families of the two Britons complain that the agreement doesn't go far enough:

Louise Christian, a British lawyer representing Abbasi's mother, said: "It's no good. It's still a military commission. It's still a trial in front of people who are not independent of the U.S. government." She pointed out that British lawyers acting as "consultants" would not necessarily be able to see their clients or even the evidence firsthand.

The New York Times again opposes the Senate confirmation of Judicial Nominee William Pryor in today's editorial, An Extremist Judicial Nominee. Here's the beginning:

The Senate Judiciary Committee could vote as early as today on the nomination of the Alabama attorney general, William Pryor, to a federal appeals court judgeship. Mr. Pryor is among the most extreme of the Bush administration's far-right judicial nominees. If he is confirmed, his rulings on civil rights, abortion, gay rights and the separation of church and state would probably do substantial harm to the rights of all Americans. Senators from both parties should oppose his confirmation.

The troops in Iraq are becoming increasingly frustrated with the Administration and speaking out. They are also discovering the limits placed on their first amendment rights:

Last week, several 3rd Infantry Division soldiers offered pointed criticisms of decisions by their chain of command. One called for the resignation of Defense Secretary Donald Rumsfeld.

Afterward, 3rd ID public affairs officers based at Baghdad International Airport barred a Stars and Stripes reporter from interviewing soldiers on the subject. They said there already has been too much negative publicity on the issue.

The U.S. Central Command’s top officer, Gen. John Abizaid, said July 16 at a Pentagon news briefing that some of the soldiers could be punished for their remarks. [link via Buzzflash]

The Miami Vice era went out with a whimper today as Willy Falcon was sentenced to 20 years in jail and a $1 million fine for his cocaine activities in Miami in the 1980's. The sentence and fine were part of a plea bargain. Falcon paid the fine last week, but came up $270 short. Then it was discovered that $400 of bills were counterfeit. His lawyers made up the shortfall.

Falcon's partner, Sal Magluta, was sentenced to life in prison some years ago. Police say the two earned $2 billion from turning Miami into the cocaine capital of the nation. They spent $20 million on lawyers for themselves and their associates during more than a decade of legal travails.

Their story is actually a lot more interesting than the article makes it sound. Here's what we remember:

A federal judge has dismissed two counts of the terrorism Indictment against criminal defense attorney Lynne Stewart. Stewart is represented by Michael Tigar.

The Judge found the conspiracy to commit terrorism statute unconsitutionally vague. Stewart is still facing charges of conspiracy to defraud the Government and making false statements.

Stewart was charged last year with helping deliver messages from her client, Sheik Omar Abdel-Rahman, who is serving a life sentence for conspiring to blow up New York City landmarks and assassinate Egyptian President Hosni Mubarak.

Prosecutors say she and co-defendants Mohammed Yousry, an Arabic translator, and Ahmed Abdel Sattar, a U.S. postal worker, helped relay messages from the blind Egyptian cleric to the Islamic Group, a radical Egyptian-based terrorist group.

Here are the details of the Lynne Stewart case. Our coverage of the case is here. Here's one of the reasons we think the case is chilling.

Update: The National Law Journal provides this in-depth analysis of the Judge's decision.

NBC is reporting that the 19 year old who accused Kobe Bryant of sexual assault was in good spirits and bragged about Kobe's size three days after the incident.

Kenneth Karas, an Assistant U.S. Attorney for the Southern District of New York , who is part of the proseuction team in the Zacarias Moussaoui case, has been nominated for a judgeship to the U.S. District Court in New York.

Karas has the approval of New York Senator Chuck Schumer. Schumer and the White House have agreed on the nomination. Karas is "co-chief of the New York office's organized crime and terrorism unit."

Our President has found a new fall guy:

President Bush's number two national security aide on Tuesday took blame for a controversy over charges Iraq tried to buy African uranium, saying the CIA had warned him earlier that intelligence cited by Bush was suspect.

Stephen Hadley, deputy national security adviser, said he should have deleted a reference to Iraqi attempts to buy African uranium from Bush's State of the Union speech in January, because the CIA had asked him to remove similar language from an October speech by the president.

"It is now clear to me that I failed in that responsibility," Hadley told reporters. White House communications director Dan Bartlett said.

We hope people view Hadley's admission for what it is: a weakattempt to fall on his sword for the Administration. The responsibility for the SOTU address is not his, but the President's. That's where the buck stops. Bush should be ashamed of not stepping up to the plate and acknowledging his own responsibility.

Update: The dissembling continues. Read this Washington Post article:

The CIA sent two memos to the White House in October voicing strong doubts about a claim President Bush made three months later in the State of the Union address that Iraq was trying to buy nuclear material in Africa, White House officials said yesterday.

....Yesterday's disclosures indicate top White House officials knew that the CIA seriously disputed the claim that Saddam Hussein was seeking uranium in Africa long before the claim was included in Bush's January address to the nation. The claim was a major part of the case made by the Bush administration before the Iraq war that Hussein represented a serious threat because of his nuclear ambitions; other pieces of evidence have also been challenged.

The media is trying to unseal the reports that led to Kobe Bryant's arrest on a sexual assault charge. The defense has filed a 23 page brief in opposition, saying disclosure will jeopardize Kobe's right to a fair trial. The District Attorney agrees and will be filing his brief later today.

We think the documents should remained sealed until they are introduced at a court hearing. These are one sided documents that are not evidence in the case. They may contain hearsay. They outline the information that caused police to believe Kobe may have committed a sexual assault--and they may or may not be accurate. But the potential for prejudice to Kobe is huge.

Trials take place in public. Criminal investigations should not.

Update: It's official - Saddam's sons are dead.

"The two sons of fomer Iraqi president Saddam Hussein were killed today by U.S. troops in a firefight in the northern Iraqi city of Mosul, Gen. Richard Sanchez announced this afternoon in a press briefing in Baghdad."

...Before the attack, U.S. troops from the Army's 101st Airborne Division had targeted the home in Mosul, which some wire reports said may have been owned by a Hussein relative. The target was chosen because of information from intelligence agencies who suspected high ranking members of Hussein's inner circle were there.

....U.S. officers told the Reuters news agency that as many as 200 U.S. soldiers had attacked the villa with machine guns and rockets during a four-hour battle.

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NBC just issued a breaking news alert saying that credible reports say that both of Saddam Hussein's sons were killed during the military's shootout Tuesday near Mosul. Reuters has more. Here's an update from USA Today .

Democratic contender Howard Dean leads the pack in California, according to a new poll taken there. He also is ahead of President Bush.