Democrats.Com has a Trent Lott Must Resign Petition here.

Update: Although, Daily Kos reminds us we're better off with Trent alive than dead (figuratively speaking of course). We haven't taken a position of whether Trent Lott should stay or go, we kind of feel like what's the difference if he goes, another one will just take his place, and what if it's one who hides in sheep's clothing? The voters knew who Lott was when they elected him and they elected him anyway. We think Lott should be outed and ostracized, which he has been, but we'd rather see pundits and politicians move on after that and focus on opposing the Bush Administrative proposals, like war. Like civil liberties.

Digital surveillance critic and journalist Jack King directs us to this Department of Justice Press Release outlining the "improvements" in electronic surveillance for "law enforcement" purposes contained in the Joint Intelligence Committee Inquiry Recommendations:

FOR IMMEDIATE RELEASE AG
WEDNESDAY, DECEMBER 11, 2002(202) 514-2008
WWW.USDOJ.GOVTDD (202) 514-1888

STATEMENT OF BARBARA COMSTOCK, DIRECTOR OF PUBLIC AFFAIRS, REGARDING THE JOINT INTELLIGENCE COMMITTEE INQUIRY (JICI) RECOMMENDATIONS

"The Department of Justice welcomes the recommendations of the Joint Intelligence Committee Inquiry into the events preceding September 11th and views the recommendations as an endorsement of our FBI reforms over the past 15 months since the attacks, as we transform the FBI to meet the unprecedented terrorist threat. After September 11, we redefined the primary mission of the Department and the FBI to prevent future terrorist acts on the American people and immediately began to build the new FBI to meet this extraordinary challenge.

For nearly 100 years, the FBI has earned a reputation as the world's premier law enforcement agency based primarily on its ability to collect information - whether through physical surveillance, electronic surveillance, or human source development. The FBI has a national and worldwide presence with more than 11,500 highly trained Special Agents in 56 domestic field offices and 45 foreign offices. We have built upon those decades of experience to transform the FBI into an organization capable of preventing terrorist attacks against Americans. We are constantly improving and refining our efforts.

Under the direction of Attorney General Ashcroft and FBI Director Mueller, the Department and the FBI have undergone tremendous change, both in structure and culture, as the Department dedicates itself to prevent terrorist attacks. While improvements are necessary and ongoing as we adapt to this unprecedented threat, the Department believes that the FBI is well suited to serve as the domestic intelligence and terrorism prevention agency in the United States.

To that end, the Department began this transformation immediately after the 9/11 attacks. In fact, most of the recommendations of the joint inquiry reflect initiatives that have been ongoing within the Department since the early days following 9/11. And all this has been done while simultaneously conducting the largest investigation in the history of the United States.

Recommendations of the Joint Intelligence Committee that are already underway within the Department of Justice and the FBI include:

*The reorganization of the FBI for the prevention of terrorist attacks:

*Doubled the number of intelligence analysts.

*Established the National Joint Terrorism Task Force at FBI headquarters and 56 regional JTTFs.

*Established the Foreign Terrorist Tracking Task Force, which has identified 204 known or suspected terrorists.

*Enhanced its analytical capacity through the creation of the Office of Intelligence, the component which ensures that intelligence is shared as appropriate within the FBI and the rest of the United States Government. The FBI has also significantly increased the resources allocated to analysis.

*Reduced the legal and cultural barriers between law enforcement and intelligence agencies by implementing the USA PATRIOT Act and the Attorney General's Investigative Guidelines. USA PATRIOT allowed for the sharing of information obtained under provisions of the Foreign Intelligence Surveillance Act (FISA) between law enforcement and intelligence personnel, both within the FBI and the Intelligence Community.

*The FBI's reallocation of manpower and effort to combat terrorism since 9/11 has resulted in substantially increased efforts to penetrate terrorist organizations operating in the United States through greater use of electronic surveillance, development of human sources, and the use of undercover operations. While the exact numbers are classified, we have utilized these methods with much greater frequency - and to great effect -in terrorism investigations since 9/11.

*Information sharing concerning terrorist activity with other federal, state and local agencies has been improved in a variety of ways. The Bureau's Joint Terrorism Task Forces (JTTFs) currently have 649 state and local epresentatives and 438 representatives from other federal agencies participating. The pilot project JTTF Information Sharing Initiative is an integrated database of federal, state and local law enforcement information, which will soon be expanded to select cities across the country. The FBI Intelligence Bulletin is published once a week and provided to state and local law enforcement agencies. The Office of Law Enforcement Coordination was created as a new Division within the FBI to
enhance the coordination and communication between the FBI and state, municipal, county and tribal law enforcement on a national level.

*Following the terrorist attacks on 9/11, FBI HQ compiled what became known as the "Project Lookout Watch List." The project was successful in identifying a number of individuals potentially connected to the 9/11 investigation. Due to the success of this effort and in recognition of the need to maintain a centralized repository of names of investigative interest related to terrorism investigations, Director Mueller instructed the establishment of a permanent Terrorism Watch List (TWL) to serve as the FBI's single, integrated listing of individuals of investigative interest that is accessible throughout the law enforcement and intelligence communities.

*Significant improvements are underway in the FISA program.

*Better coordination between law enforcement and intelligence agents and prosecutors, recognizing the fact that persons involved in terrorism are often involved in other criminal activities.

*The development of a secure communications capacity in the field so that FBI Field Offices, FBI Headquarters and the Department of Justice can communicate and manage the FISA process in real time.

*Doubling the number of attorneys in the FBI's national Security Law Unit.

*The creation of a FISA unit within the FBI's General Counsel's Office to ensure all FISA applications move expeditiously through the process.

*Creation of a new mandatory training program in the use of FISA for FBI agents and Designated Justice Department prosecutors from every U.S. Attorney's office.

*The deployment of Office of Intelligence Policy Review (OIPR) attorneys to the field to work directly with Assistant U.S. Attorneys and FBI agents.

These reforms have led to major successes in the war against terrorism and our efforts to protect the American people from terrorist attacks:

*We've disrupted alleged terrorist cells in Buffalo, Detroit, and Portland and arrested 18 suspected terrorists.

*We arrested Zacarias Moussaoui (who is awaiting trial) and obtained guilty pleas from John Walker Lindh and the shoe-bomber, Richard Reid.

*We've brought criminal charges against 134 individuals and have secured 99 convictions, either through trial or plea to date.

*We've deported 478 individuals.

*We've designated 39 entities as terrorist organizations and frozen the assets of 62 organizations that fund terrorist activities resulting in $125 million in frozen assets worldwide.

The President's vision for Homeland Security emphasizes information sharing between agencies and the integration of law enforcement and intelligence capabilities. We have made great strides already at implementing that vision. Moreover, the FBI brings decades of experience working within the parameters of the 4th Amendment and within the processes and supervision of the Department of Justice which is charged with not only enforcing our laws, but with upholding and defending civil liberties.

We look forward to working with the Congress and the Administration to continue to improve our capacity to protect America and defend freedom."

That second to last paragraph about the FBI's experience with the 4th Amendment and DOJ's experience with upholding and defending civil liberties is really reassuring to us. We say watch these changes closely--Big Brother is not just out there, he's moving in with us.

Here is the original scope of the Joint Intelligence Committee Inquiry on Sept. 11.

Great flash campaign ad by Oliver Willis on the Trent Lott/Strom Thurmond comments, which is turning out to be a much bigger deal than originally thought. Let's keep the pressure on.

And don't miss this one (with sound) from DubyaDubya (via Patrick Nielsen Hayden at Electrolite)

Patrick has some praise for left-leaning and libertarian bloggers, and we thank him for including us in the company of such other fine blogs.

Via TBogg, we came across this: Judge Who Used Slurs May Be Impeached

"Two state lawmakers are seeking to impeach a judge who was videotaped using racial slurs and profanity while arraigning inmates. Rep. Ron Wilson said Tuesday that he and Rep. Harold Dutton, both Democrats, have asked the Texas Legislative Council to draft articles of impeachment against Judge Matt Zepeda."

"Zepeda, a Republican, has acknowledged he did wrong and apologized, but said he shouldn't be penalized for one mistake. He has vowed to fight efforts to remove him from his job."

"Black community leaders are supporting efforts to remove the Hispanic judge. A jail camera recorded Zepeda using obscene and abusive language to two prisoners in separate episodes during magistrate hearings this year."

TBogg, by the way, is a very funny blog and one we plan to read more often. We found him via Tapped and Ruminate This.

Lisa over at Ruminate This has the scoop on (and the text of) President Bush's not-so-nice letter to federal employees following the passage of the Homeland Security Act.

Newsday is on a roll. The Long Island paper has had these four articles in the past two days on the plight of the indigent defendant and the wrongfully convicted. Please take the time to read them all.

Calls To Improve Pay For Court-Appointed Lawyers
Newsday

Moving to Stop Wrongful Convictions
Newsday

Compensation is Hard to Come By
Newsday

Getting it Right
Newsday

The Washington Post has a welcome editorial today, Lessons for Virginia Justice on why Virginia should change its current rule that except for cases with biological evidence, challenges to convictions in criminal cases must be raised within 21 days:

"As uncomfortable as it is to acknowledge, certainty in criminal cases is a mirage. People confess falsely. Even where there seems to be no doubt, there is doubt. The total picture created by evidence is a constantly shifting mosaic. So the system must be open to new evidence whenever it appears -- as New York's system was here. In New York, the rules allowed prosecutors to do the right thing, even more than a decade after the conviction. In Virginia, by contrast, newly discovered evidence is -- with a narrow exception for biological material -- never admissible more than 21 days after a conviction. The Virginia Supreme Court is now considering a change in this rule. It is long overdue. Allowing the evidentiary mosaic to freeze at any particular moment only guarantees that injustices become irremediable."

The Supreme Court is hearing oral arguments today in the Virginia cross-burning case.

The issue is whether burning a cross on your front lawn is protected symbolic free speech or illegal intimidation. Virginia, backed by the Bush Administration, says that it is illegal intimidation:

"The Bush administration, siding with Virginia, argued that cross burning "has a particularly strong association with acts of vigilantism and violence. "A person has no First Amendment right to burn a cross in order to intimidate others, whether or not he also intends to express an idea or philosophy," Solicitor General Theodore Olson told justices in court papers."

In the past, the high Court has been protective of the free speech rights of even the most controversial groups, such as "flag-burners, adult entertainers, people who display swastikas and those who set crosses ablaze."

Providing an opposing point of view is "John Whitehead, president of the generally conservative Rutherford Institute in Charlottesville, Va., who said in court filings that states may not limit controversial speech just because of concerns about the public reaction to that speech."

Twelve states have laws prohibiting cross-burning which could be affected by the decision in the Virginia case.

In response to Tuesday's ruling by the U.S. Circuit Court of Appeals for the Second Circuit, which overturned U.S. District Judge Jed Rakoff's July decision holding the federal death penalty unconstitutional due to errors in the system that have resulted in more than 100 wrongful death penalty convictions, Lawrence Goldman, president of the National Association of Criminal Defense Lawyers, said that the Supreme Court should show courage and address the reversal of the Rakoff death penalty decision:

"The Second Circuit feels bound by precedent, but Judge Rakoff instead felt bound by the reality that innocent people will die under the current system."

"Across the country, 102 persons sentenced to death have been freed, many on incontrovertible scientific evidence of their innocence. Judge Rakoff's courageous decision recognized that there is more to go on now than in previous challenges: that the newly discovered evidence behind the spate of recent exonerations now proves that the killing of innocent persons by our flawed death penalty machine is inevitable. He was not wrong in concluding that these flaws amount to a violation of due process."

"Several Justices have shown concern for the same issues that led Judge Rakoff to reach his conclusions. We hope the Supreme Court will take this case and address these concerns as soon as possible. Innocent lives hang in the balance."

"NACDL is the preeminent organization in the United States advancing the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct. A professional bar association founded in 1958, NACDL's more than 10,000 direct members -- and 80 state and local affiliate organizations with another 28,000 members -- include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors and judges committed to preserving fairness within America's criminal justice system."

For an analysis of the opinion, go here. You can access the opinion directly here.

Update: Long Story, Short Pier has some comments critical of the reversal.

"The U.S. Supreme Court on Tuesday ruled unanimously that convicted felons could not go to federal court to seek restoration of their gun rights once Congress blocked and defunded an administrative procedure for doing so. In a ruling written by Justice Clarence Thomas, the Court studiously avoided mention of Second Amendment gun right issues that had been raised in some briefs in the case."

The case is United States v. Bean, and we posted a synopsis of it yesterday, here.

Here is the text of the opinion. And the Washington Post provides this view of the decision.

A final recount of Colorado ballots for its new congressional seat concludes with Republican Bob Beauprez winning the seat by 121 votes over Democrat Mike Feeley, making the race the closest congressional race of 2002.

In other election news, Rep. Elijah E. Cummings (D-Md.), a Baltimore lawyer and former Maryland state legislator, has been elected chairman of the Congressional Black Caucus. Cummings is a death penalty opponent.

"The 39-member, all Democratic caucus elected Rep. Sheila Jackson Lee (D-Tex.) as vice chair; Rep. Corrine Brown (D-Fla.) as second vice chair; Rep. Danny K. Davis (D-Ill.) as secretary; and Barbara T. Lee (D-Calif.) as caucus whip. "

We just received this email from Stephen Bright, Director of the Southern Center for Human rights, about a case that Chris Adams, a lawyer with the Center, just won. Chris is an outstanding lawyer, and we want to share his victory.

(from Stephen's email):

"About a year ago, we got a letter from a Albert Joe Ryans who had been in jail in Phoenix City, Alabama for two years facing capital murder charges and had seen his court-appointed lawyer only once for a few minutes. I asked Chris Adams to speak with him. When Chris got to the jail, Ryans was so glad that someone had come to see him that he broke down in tears. Chris took the case, tried to get the state to dismiss the charges, and finally persuaded the prosecutor not to seek the death penalty. This week, Ryans broke down again when the judge directed a verdict of acquittal. This is another great victory for Chris. newspaper story below. - steve bright"

Columbus, Ga., Ledger Inquirer, Dec. 06, 2002
Judge acquits man of murder - Greene rules state failed to provide enough evidence against Albert Joe Ryans

"The murder trial of Albert Joe Ryans ended abruptly Wednesday when Russell County Circuit Court Judge George Greene ordered a directed verdict of acquittal for lack of evidence linking him to the 1998 slaying of a Phenix City car wash attendant.

Ryans, 42, sobbed in relief and embraced defense attorney Chris Adams of Atlanta as relatives of the murder victim gasped and cried out in protest when Greene made his ruling.

Moments after District Attorney Kenneth Davis rested the state's case, Greene ruled that the prosecution's evidence failed to produce an overt act linking Ryans to the slaying committed by Johnnie Lee James, 42, who stabbed 79-year-old Edward Abernathy a dozen times during a Dec. 10, 1998 robbery at the Goo Goo Car Wash on Seale Road.

The state's case also presented no evidence that Ryans was aware of the robbery planned by James and codefendant Robin Diggins, 31, who gave James the knife used in the slaying, Greene said. The state's case showed Ryans was only told of the robbery plan by Diggins after James had left their car to go to the car wash, and that Ryans had been at a pay phone outside the car when Diggins and James talked of the robbery, the judge said.

Members of the Abernathy family erupted in angry tears and loud protests upon hearing the decision. Although Ryans is likely to soon be a free man, Adams and defense co-counsel Joel Collins said he will first be returned to a south Alabama prison, where he has spent most of the last four years serving time for revocation of a prior conviction for a credit card fraud charge. Adams said Ryans has never been involved in violent offenses."

We add our congrats to Chris and Joel, Mr. Ryans and the Center.

Black leaders in Congress have rejected the apology of Republican Senator Trent Lott.

"Members of the Congressional Black Caucus on Tuesday rejected Senate Republican leader Trent Lott's apology for saying that America would have been better off if Strom Thurmond had won the U.S. presidency in 1948, when he ran as a segregationist."

"His remarks require minimally a much larger apology ... a meeting with the black caucus ... and whatever else the caucus may decide," said Rep. Sheila Jackson Lee, a Texas Democrat."

"The three dozen members of the caucus, all black Democrats in the House of Representatives, plan to consider options, which also appeared to include pushing for a Senate censure and even asking for Lott's resignation as Senate Republican leader."

Maxine Waters, a prominent Democrat and member of the Black Caucus, criticized Tom Daschle for so readily accepting Lott's "apology."

J.C. Watts, outgoing African-American Congressman from Oklahoma, actually defended Lott's statements, saying no racism was intended.

Kwesi Mfume, a former Democratic Congressman and current head of the NAACP, said, "Senator Lott's statement is the kind of callous, calculated, hateful bigotry that has no place in the halls of the Congress." The NAACP has called for Lott's resignation.

And over at the Drudge Report, a headline screams that Lott has said the same thing before:

"After a fiery speech by Strom Thurmond at a Mississippi campaign rally in November 1980, Lott, then a congressman, told a crowd: 'You know, if we had elected this man 30 years ago, we wouldn't be in the mess we are today'... MORE... Quotation appeared in an account of the rally on Nov. 3, 1980, in Clarion-Ledger in Jackson, Miss... , in 1980."

Update: Washington Post confirms the 1980 Lott story, here.