First we had the congressional hearing at which Director of National Intelligence Dennis Blair gave details of information Umar Farouk Abdulmutallab (aka Private Underpants) has given to the FBI during debriefing sessions. He also explained that it's acceptable policy for the U.S. to target Americans overseas for assassination.

Now we have more law enforcement leaks about Abdulmutallab's debriefings: He's ratted out cleric (and American citizen) Anwar al-Awlaki. Not that al-Awlaki knew about his Christmas Day attack, just that he was his "teacher" and they had met and communicated, something al-Awlaki also acknowledges. [More...]

It's dinner night with the TL kid. I'm cooking red chili made with buffalo instead of ground beef, and cornbread. Paired with an arugula and strawberry salad and guacamole and pita chips. I should have thought of making margaritas, but I didn't, so it's gin and tonics. Does anyone else drink Hendricks gin? When I was the TL kid's age, Beefeater's just was fine. Somehow he found Hendrick's and I have to agree, it tastes better. (Can't do Bombay Saphire-- I start sneezing within five minutes, maybe it has too much juniper, which I'm allergic to?)

Here's an open thread, all topics welcome.

A Second Superseding Indictment has been returned against former Illinois Governor Rod Blagojevich. It also affects his brother Rob Blagojevich. It adds 8 counts, but no new allegations. The conduct underlying the charges is the same. The reason for the new Indictment is added protection for the Government in case the Supreme Court invalidates the fraud by theft of "honest services" statute charged in the old Indictment. (See White Collar Crime Blog here on the Supreme Court review of the statute.)

The Government's filing statement says:

The Second Superseding Indictment is fashioned in such a way that, should the Supreme Court rule Title 18, United States Code, Section 1346 unconstitutional, the charges, or section of charges, of the Second Superseding Indictment related to Section 1346 can be easily dismissed. Such dismissal would do little to effect the trial in the instant case as the underlying illegal conduct charged in the Section 1346 counts is alleged in other counts of the Second Superseding Indictment.

The new counts include: [More...]

What could give AT&T's sagging 3G network, the iPhone and the iPad a boost? Equipping them to use the SlingPlayer Mobile App that works with a Slingbox on the 3G network, not just wireless. And it looks like it's happening. Here's the skinny.

I don't have a SlingBox, but my dentist does, and I've been playing with it when I go to his office for a couple of years. It works well. It's a box you plug into your cable tv at home, and when you are anywhere else, you can watch it on your phone, change the channels, watch programs you've TIVO'd, etc. [More...]

digby:

The WaPo's Steven Pearlstein tells me on MSNBC that the American people shouldn't expect Washington to be able to do anything about jobs because it's the result of "imbalances" that have to be "worked out" and it's going to take time and people just need to be patient and take their medicine. (Mrs Alan Greenspan agreed and added this hysteria over jobs in congress is all just politics in the wake of Massachusetts.)

Those are excellent observations from successful political celebrities who have jobs and are among the wealthiest Americans who can afford to "ride out" the slump. For most people, who aren't any of those things, not so much.

At least they didn't say "let them eat cake!" The strangest thing is these folks think they understand "real" Americans.

Speaking for me only

Updated: From an email press release from the Aspen Sheriff's on Charlie Sheen, it looks like charges will be filed against him, one of which seems likely to be a felony. The press release mentions the two felony charges and misdemeanor he was arrested for, but stops short of saying whether all or some of those will be the actual charges filed. Previously, the DA said he wouldn't decide whether to charge him until shortly before his Feb. 8 hearing. TMZ says he will be charged with Felony Menacing.

Prediction: When all is said and done, he'll plead to a felony under a deferred judgment and a misdemeanor. The misdemeanor plea will prevent him from getting his record sealed.

Update below:

TPMDC:

A new Rasmussen [. . .] poll of likely voters asked: "Would you rather see a balanced budget with higher taxes or a budget deficit with tax cuts?" A 41% plurality would rather have budget deficit with tax cuts, with 36% calling for higher taxes and a balanced budget. The internals of the poll show Republicans favoring deficits and tax cuts.

"The partisan differences on the questions are notable," says the pollster's analysis. "While 50% of Republicans would rather see a budget deficit with tax cuts, a plurality (46%) of Democrats favor the opposite approach - a balanced budget with higher taxes. Voters not affiliated with either party are evenly divided on the question."

Of course in the real world, this is not actually the question presented. The real question is whether you want to reduce the deficit at all - because that requires tax INCREASES, especially on the rich. The deficit peacocks, both in the Congress (Evan Bayh) and in the Village (Andrea Greenspan, Pete Peterson and his minions) never discuss this reality. I wonder why.

Speaking for me only

Via Booman, Mary Landrieu says:

I’m not for using reconciliation for healthcare — I’m just not.” said Sen. Mary Landrieu (D-La.). “If we couldn’t get a bill through the Congress that had broad support, I said we shouldn’t have a bill.”

This is an interesting position it seems to me and begs the question - what bills should pass by majority vote? What about tax cuts? Landrieu voted for the Bush tax cuts in 2001, which were passed via reconciliation. Or how about the prescription drug benefit bill? That passed 54-44. Landrieu was a yea vote.

I guess the answer is - it depends. To Landrieu, THIS bill should not pass with less than 60 votes. But other bills should pass without 60 votes. Whatever. In any event, Landrieu can vote No if she likes. And if 50 Dem Senators do not want to pass a health bill, well, that's the way that goes sometimes.

Speaking for me only

Discussing the Citizens United case (PDF), Stanley Fish writes:

The consequentialist and principled view of the First Amendment are irreconcilable. Their adherents can only talk past one another and become increasingly angered and frustrated by what they hear from the other side. This ongoing soap opera has been the content of First Amendment jurisprudence ever since it emerged full blown in the second decade of the 20th century. Citizens United is a virtual anthology of the limited repertoire of moves the saga affords. You could build an entire course around it. And that is why even though I agree with much of what Stevens says (I’m a consequentialist myself) and dislike the decision as a citizen, as a teacher of First Amendment law I absolutely love it.

This sounds pretty in that "majesty of the law" sort of way, but is it true? Not really. I'll explain on the flip.

Switzerland has agreed to take two Uighur brothers from Guantanamo.

The Swiss said Wednesday that they will resettle the brothers, Arkin Mahmud and Bahtiyar Mahnut, probably within a month. They are among seven Chinese Muslims, or Uighurs (pronounced WEE'-gurs), who remain at Guantanamo.

Just in time to avoid another Supreme Court ruling?

The high court has scheduled argument for March 23 to consider whether a federal judge can order their release into the United States over the objection of Congress and the administration when no other nation will take them. The government acknowledges they pose no terror threat, and they can't return to China for fear of persecution or worse.

Maybe not. Five Uighurs in the lawsuit will remain at Gitmo after the brothers' transfer. The case is Kiyemba v. Obama. The Uighurs' opening brief is here. [More...]

I'm demoting Captain Underpants, Umar Farouk Abdulmutallab, to Private Underpants. He's a nobody, a kid following the pied piper, and the over-reaction to him by our elected officials, is becoming embarrassing. Republicans are using him, just as they are using the issue of the 9/11 trials, to steal the spotlight and rally their troops to get them votes in 2010. How do they even keep a straight face while they are spouting their nonsense?

In today's installment, Attorney General Eric Holder sent this letter to the Senate defending the decisions made following Abdulmatallab's arrest. And Director of National Intelligence Dennis Blair seems to have forgotten there's a criminal case pending against Abdulmutallab. Holder should have insisted Blair not discuss details of Abdulmatallab's statements. These statements even go beyond what John Ashcroft was admonished for in the bungled Detroit terror case. [More...]

Arizona has indicted and arrested motivational speaker James Arthur Ray, the spiritual guru who led a retreat in October at which 3 people died and more got sick during a ceremony inside a sweat lodge. His bond is set at $5 million.

The indictment is here. There are three counts, each alleging he recklessly caused the death of the victim. Manslaughter in Arizona is a class 2 felony which carries a penalty of up to five years. His attorneys released this statement, saying he had been cooperating in the probe.

"This was a terrible accident – but it was an accident, not a criminal act. James Ray cooperated at every step of the way, providing information and witnesses to the authorities showing that no one could have foreseen this accident," the statement read. "We will now present this evidence in a court of law, and we are confident that Mr. Ray will be exonerated."

Ray was arrested at his lawyer's office. I guess they couldn't pass up the opportunity for a perp walk. The $5 million bond seems completely excessive.

The big story of the day - the Florida Gators college football recruiting class. Florida got the #1 class. Texas and Alabama followed.

The premiere of the final season of Lost did a great number. (American Idol of course is the #1 show on TV. I have not even watched an episode in years personally.) As for the Lost episodes themselves, I am intrigued but thought there was a lot of filler in the episode. I think now that the set up is taken care of for Season 6, it should be great.

BTW, I have stopped writing about the health bill because there is nothing left to say. IF the bill is to be passed, for better or worse, the Senate Dems have to deliver a reconciliation fix, especially of the excise tax. Everyone knows it. Do the Dems n the Senate want to do it? If they do, it will pass. If they don't, it won't. It is the Senate's call. And only their call.

This is an Open Thread.

Like Charlie Crist in Florida, Arkansas Senator Blanche Lincoln looks like electoral toast. Given her performance today in President Obama's "Question Time" with the Dem Senate Caucus, it seems fair to speculate whether she is planning on switching parties. The Hill reports:

Sen. Blanche Lincoln (Ark.) on Wednesday asked arguably the most contentious question during a discussion between Senate Democrats and President Barack Obama, hitting at conservatives and liberals. Lincoln [. . .] asked Obama to push back against "people at the extremes" of both parties, especially against Democrats "who want extremes." She also took a swipe at Obama's White House, referencing a constituent who "fears that there's no one in your administration that understands what it means to go to work on Monday and make a payroll on Friday."

Mitch McConnell would have been pleased. Obama responded to her as if she were a Republican:

From Sports Left -- New Orleans Saints LB Scott Fujita is speaking up for gay rights at the Super Bowl:

Last fall, in an interview on the Sirius XM Satellite Radio show “Edge of Sports,” Fujita bluntly supported a march for lesbian, gay, bisexual and transgender rights. “Just because I’m in favor of gay rights doesn’t mean I’m gay,” Fujita told the host, Dave Zirin. “I know who I am. My wife knows who I am.” Fujita, who played in college at California, and his wife, Jaclyn, have twin daughters who are 2 years old.

In Tuesday’s Super Bowl session with members of the news media, Fujita, who said his teammates give him some gentle teasing in the language of the locker room for his public opinions, reflected on how the campus he attended is known for progressive attitudes. “There is a certain stigma that comes with being from Berkeley,” he said. “And I’m proud of that stigma.”

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