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Saturday :: May 10, 2003

Shock Therapy For Police Recruits

Bruce Weber writes in the New York Times about a shock therapy program for police recruits.. The program is held at Washington's Holocaust Museum where the recruits are acquainted with the Gestapo tactics of Nazi Germany.

After a comprehensive tour, there are lectures, including one by the Assistant Director of the Anti-Defamation League explaining the "similarities between the mandates of the local police in the Third Reich and those of the recruits. "

"Every single thing happens on a local level," Ms. Becker said, "and that's you. You decide who is a stereotype and who is an individual. You decide who is a criminal and who isn't."

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Friday :: May 09, 2003

Florida's Prison for Predators

Florida's Civil Commitment Center, a facility that holds prisoners convicted of sex offenses after they have served their time is entering its fifth year. But there is no evidence that it serves its intended purpose--curing the pedophile or sex offender who has already served his time.

Those who agree to treatment -- and many don't -- take lie-detector tests to squelch their biggest obstacle, denial. They smell noxious fumes, hoping to reprogram their criminal urges with mental tricks. One therapy involves fitting their genitals with a plethysmograph -- a device that monitors desire by measuring blood flow.

While such centers are growing as part of a national trend, many say they are nothing more than high priced prisons. Consider these statistics from the Florida facility:

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Why Do We Tolerate Prison Rape?

Rich Lowry writes in The shame of our prisons:
Our tolerance for prison rape, considered a subject fit for late-night TV humor, is a great mystery. We profess to abhor rape, to adore personal dignity, to uphold the rights of the downtrodden -- yet we sentence tens of thousands of men every year to the most bestial kind of abuse, without a second thought beyond the occasional chuckle.

The silence surrounding this national shame has been broken by a right-left coalition in Washington that is pushing federal prison-rape legislation, likely to pass and be signed into law this year. It will be a first step to alleviating the problem, if not the end of the vile jokes. . . .

The bill seems impossible to oppose, but that hasn't stopped elements of the Bush Justice Department from resisting. They worry that the bill trespasses on federalism principles, even though the Supreme Court has held that deliberate indifference to rape violates the Constitution's prohibition against cruel and unusual punishment.
[Link via Instapundit who says, "I don't see the federalism issue here -- you've got state action, and a violation of constitutional rights. So where's Ashcroft on this?" He'd also like an answer from Bill Lockyer.] The Government does not know the full extent of the problem. Stop Prisoner Rape reports that the FBI's crime statistics don't include male rape victims.
The categories of the FBI’s Uniform Crime Report were created in 1929, according to the report. The forcible rape of men is explicitly excluded from the annual analysis of the “violent crime” in the U.S., which draws from the reports of 17,000 law enforcement agencies throughout the country. The FBI’s report states that it “has traditionally defined rape victims as female.”
The bi-partisan Prison Rape Reduction Act of 2003 has been introduced in Congress. It needs your help. Click here to send a letter to Bush and Ashcroft urging their support. The bill's stated purpose is "to provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape."

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Bush on 9/11: 'It Was an Interesting Day'

It was an interesting day." - President Bush, recalling 9/11

This is a great account, published today by the Center for Cooperative Research, on Bush's movements on September 11.

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Material Support of Terrorist Law Update

The United States has charged more than 30 people with providing material support to terrorist organizations. Legal Times journalist Siobhan Roth provides a status update on the cases.

Of the law, which carries up to 15 years in prison, Roth says

It has snared a Manhattan defense lawyer, a Florida professor, the "American Taliban," six in New York, four in Detroit, and, just last week, former Intel Corp. software engineer Maher "Mike" Hawash.

In addition to a providing a roundup of the cases, Roth says the Justice Department may make a move to strengthen the statute--through Patriot Act II.

The act [PA II] authorizes the executive branch to revoke U.S. citizenship for anyone convicted of providing material support to terrorists. The Justice Department said that the legislation was being discussed "at a staff level."

We've written extensively on the material support of terrorism law and cases, including this entry. More coverage is available in our Terror Trials Archives on the right.

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Blogging Around

Don't Miss:

David Niewert on Bush's military record. "What we know about his record now should be considered a scandal, and should have been since it was uncovered during the campaign." Lots of factual and other detail.

Josh Marshall on the press not picking up on Katrina Leung's Repbublican activism (Our prior coverage of it, which includes a long quote from Atrios, is here. Matt Yglesias says the story is really about the screwups of the FBI.

Daily Kos on Orrin Hatch's hypocrisy regarding judicial nominations and the "blue slip" rule.

Archpundit on Ashcroft's use of SAMMS (Special Administrative Measures) to impinge on the attorney-client privilege and restrict counsel's ability to meet with clients and adequately prepare a defense.

Tapped on legalizing marijuana.

Media Horse on the Bush Jet Gimmick.

Avedon Carol on the showdown at the FCC.

Patriot Watch says "PATRIOTWATCHERS--In the coming months be on the look-out for attempts by the administration and Congressional leadership to introduce pieces of PATRIOT II as individual legislation. We will be watching and keep you informed of any efforts to do so."

Arthur Silber at Light of Reason on yesterday's Senate action on the Patriot Act and how we are losing the war at home.

Just a reminder....if you value reading TalkLeft, we hope you will contribute throught the paypal or amazon links on the left. Every little bit helps.

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Videotaping Interrogations To Become Law in Illinois

Illinois Governor Rod Blagojevich announced yesterday he would sign a bill passed by the Illinois Legisature requiring videotaping of all interrogations and confessions conducted while the suspect is in police custody.

The Chicago Tribune praises the legislation, saying Illinois will be the first state in the nation to mandate recording of such statements in full.

Videotaping keeps cops honest. But it also protects them by heading off false claims of brutality and allegations that statements were coerced. It's all there on tape.

This is a criticial reform and one that we hope will be enacted in other states.

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Thursday :: May 08, 2003

ACLU Tells Congress: Target Terrorists, Not Immigrants

Laura Murphy, Director of the ACLU's Washington Legislative Office, testified before the House Judiciary Subcommittee on Immigration, Border Security and Claims Thursday, telling the panel that the Bush Administration should target terrorists, not immigrants. You can read her full testimony here. Murphy first criticizes the Administration's erosion of due process rights through mandatory detention, lengthy detentions without charges, holding immigrants ordered deported, and selective enforcement of obscure immigration infractions.

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Senate Approves Greater Secret Search and Wiretap Powers

Update: The bill the Senate passed today is actually the same as the first section of Patriot Act II, which the Administration repeatedly has told us is a rough draft.
Section 101: Individual Terrorists as Foreign Powers. Under 50 U.S.C. § 1801(a)(4), the definition of "foreign power" includes groups that engage in international terrorism, but does not reach unaffiliated individuals who do so. As a result, investigations of "lone wolf" terrorists or "sleeper cells" may not be authorized under FISA. Such investigations therefore must proceed under the stricter standards and shorter time periods set forth in Title III, potentially resulting in unnecessary and dangerous delays and greater administrative burden. This provision would expand FISA's definition of "foreign power" to include all persons, regardless of whether they are affiliated with an international terrorist group, who engage in international terrorism.
Could this be the beginning of an attempt to pass the provisions of Patriot Act II piecemeal, thereby avoiding the controversial label "Patriot Act II" ? If another section of PA II gets introduced and passed this way, we foresee a monumental problem. The Schumer-Kyl bill was originally introduced on January 9, the same date on the draft of Patriot Act II. A coincidence? The Schumer-Kyl bill is S. 113.
The purpose of S. 113 is to amend the Foreign Intelligence Surveillance Act of 1978 (FISA), title 50, United States Code, to permit surveillance of so-called `lone wolf' foreign terrorists. S. 113 would allow a FISA warrant to issue upon probable cause that a non-United States person is engaged in or preparing for international terrorism, without requiring a specific showing that the non-United States person also is affiliated with a foreign power. By eliminating the requirement of a foreign-power link for FISA warrants in such cases, S. 113 would allow U.S. intelligence agencies to monitor foreign terrorists who, though not affiliated with a group or government, pose a serious threat to the people of the United States. In light of the significant risk of devastating attacks that can be carried out by non-United States persons acting alone, individual terrorists must be monitored and stopped, regardless of whether they operate in coordination with other individuals or organizations.

Update: The New York Times reports the overwhelming support for today's bill was the result of a compromise in which Senator Hatch pulled his request to repeal the sunset provisions of the Patriot Act.

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"The Senate on Thursday overwhelmingly approved a bill intended to close a legal loophole that lawmakers say prevented the FBI from obtaining a crucial warrant to conduct surveillance of Zacarias Moussaoui before the Sept. 11 attacks."

"The legislation, known as the 'Moussaoui fix,' was approved 90-4. It would make it easier for the FBI to seek warrants for wiretaps and searches on non-Americans suspected of planning terrorist attacks, by eliminating a requirement to show the suspect was connected to a known terrorist group or a country that sponsors terrorism."

We don't see this as closing a loophole but as giving the Government new powers. The current law only allows secret FISA wiretaps and searches if the target is the agent of a foreign power or organization. The "fix" will allow secret FISA wiretaps and searches if the Government can't link the target to a terror organization.

The bill is also known as the "lone wolf" bill and was introduced by Senators Charles Schumer (D-NY) and John Kyl (R-AZ). It passed easily today, 94 to 6, and now goes to the House.

Senator Patrick Leahy of Vermont criticized the bill, saying it wouldn't make Americans any safer. An amendment sought by Senator Dianne Feinstein was rejected.

Once again we are moving in the direction of giving more power to prosecutors with less judicial oversight. FISA judges must rubber stamp secret FISA applications for eavesdropping so long as the application is filled out correctly. They don't weigh the merits of the request. There is no disclosure of whether the warrants produce useful information so Congress can make sure the power isn't being misused by the Executive Branch. All that has to be disclosed is the total number of applications made and how many were granted or refused.

For more on the issue of FISA warrants, our prior coverage is here. Chisum Lee of the Village Voice recently wrote about Schumer and his quest to pass this bill in an article called "Ashcroft's New Ally."

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House Panel to Investigate Tulia, Texas Case

"The House Judiciary Committee will investigate the role of a federal task force in the controversial drug arrests of 46 mostly black citizens at Tulia, Texas, nearly four years ago, a committee spokesman said Thursday. The undercover officer whose uncorroborated testimony led to 38 convictions in the small West Texas town was working for the Panhandle Regional Narcotics Trafficking Task Force."

Three Democratic members of the Congressional Black Caucus requested the review: Reps. John Conyers of Michigan, Charles Rangel of New York and Sheila Jackson Lee of Texas.

The undercover agent has since been indicted on perjury charges. 13 defendants remain in jail, pending a decision by the Texas appeals court. Our complete prior coverage of the case is here.

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Protest Rally Against Rockefeller Drug Laws

Celebrities and activists gathered today in New York calling for the repeal of the draconian Rockefeller Drug Laws.

The speakers at the news conference and at a rally near 40th Street and Third Avenue said thousands of non-violent black and Latino New Yorkers who used drugs or were caught with a small quantity were unfairly sentenced under the 30-year-old laws. The laws, passed in 1973 and 1974 during then-Gov. Nelson Rockefeller's administration, can subject first-time offenders to 15 years to life in prison if convicted of selling as little as 2 ounces, or possessing as little as 4 ounces, of a controlled substance.

Governor Pataki promised reform of the laws during his last relection bid, when he was courting the hispanic vote. His spokesman today said repeal has been stymied by the state legislature, and that Pataki hasn't been able to get a bill past both houses. That much is true. But the reason for the stalemate is that Pataki's reforms haven't gone far enough.

About 200 people attended the rally, including hip hop mogul Russell Simmons, Susan Sarandon and Tim Robbins and Al Sharpton. Sharpton pointed out that redemption and rehabilitation should be granted to all, not just presidential nieces.

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Katrina Leung Indicted

ABC reports that the FBI was told 12 years ago that Katrina Leung was secretly working for the Chinese.

Now-retired FBI agent I.C. Smith says the FBI learned then that Leung had tipped off Chinese authorities about a secret mission he took to China to evaluate embassy security. He says he even took still photos of the Chinese agents he caught following him. "They knew we were coming before we even left," I.C. Smith said. Traveling with him to China, it turns out, was the other now-retired FBI agent accused of having a secret sexual relationship with Leung, William Cleveland of San Francisco. It was clear to him, I.C. Smith said, that at least 12 years ago a pretty big warning flag went up to the FBI. "There's no doubt about it," he said. "And I viewed that as absolutely a monumental management failure within the FBI that allowed this source to continue to operate."

Leung was indicted today on five charges, including "two counts of copying defense-related documents with reason to believe they would be used to the injury of the United States or to benefit a foreign nation and three counts of unauthorized possession of documents relating to the national defense."

We find it curious that Leung has not been charged with espionage. We suspect this is due to the Government's desire to avoid having to disclose classfied information to the defense.

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