"A Los Angeles Times Poll shows that nearly half of party insiders believe former Vice President Al Gore should sit out the 2004 race. The poll, which surveyed roughly three-quarters of the membership of the Democratic National Committee, suggests that the contest is wide open and that there is a hunger for change. While 35% of respondents said Gore should run again, 48% said he should not and 17% were undecided."

"The poll turned up significant backing for Massachusetts Sen. John F. Kerry and surprising support for Vermont Gov. Howard Dean. Missouri Rep. Richard A. Gephardt, the Democrats' leader in the House since 1989, did not fare as well as Kerry or a second national newcomer, North Carolina Sen. John Edwards."

You can read excerpts of the poll finding here. (free LA Times registration required).

Legal education debt, which tops $84,000 for the average new lawyer, prevents 66 percent of law students from taking public interest jobs, according to a new joint study by Equal Justice Works, the National Association for Law Placement and the Partnership for Public Service. The Washington-based groups promote public interest work.

"The bottom line is America's law school graduates are drowning in debt and shut out of public service at a time when the federal government is facing losses of over half its work force due to retirements, " said Max Stier, president and chief executive of the Partnership for Public Service."

"More than 94 percent of law students reported borrowing money to attend law school, where median tuition is nearly $23,000 a year."

[comments now closed]

Received today by email:

WESTERN MUSLIM WRITERS LAUNCH NEW WEB MAGAZINE
Journal to Promote Dialogue of Civilizations, Introspection

"Asking themselves, "What went wrong?" a group of Muslim writers living in Aerica, Europe, and Australia today launched a Web-based publication they hope will be part of a solution to conflict between Islam and the West. Editors of the new weekly publication, A True Word , say they aim to promote honest dialogue and understanding between cultures and religions.

Via Atrios we learn that Oklahoma Congressman J.C. Watts 23 year-old son was busted for possession with intent to distribute marijuana , a felony. He had less than two ounces in his possession. This sounds like overcharging to us.

On the other hand, we question whether the the younger Watts may have received preferential treatment for not being charged with domestic violence after his girlfriend said he struck her twice in the face. It's a rare jurisdiction these days that still leaves the decision whether to prosecute up to the purported victim. The usual course is for the police to arrest one or both participants, no matter what.

"City police officers said they went to a location at Boyd Street and Classen Boulevard Sept. 9 in response to a report of a fight between a man and woman. Jerrell Watts was taken into custody after the woman said he had hit her twice in the face. Kuykendall said his office declined to file a domestic abuse complaint in the case "upon request of the victim."

"A last-minute addition to a proposal for a Department of Homeland Security could punish malicious computer hackers with life in prison. "

"During closed-door negotiations before the debate on the Homeland Security Bill began, "the House Republican leadership inserted the 16-page Cyber Security Enhancement Act (CSEA) into the Homeland Security bill. CSEA expands the ability of police to conduct Internet or telephone eavesdropping without first obtaining a court order, and offers Internet providers more latitude to disclose information to police."

Here is the text of the CSEA, H.R.3482, as passed by the House.
.

The Predator's Execution Drone--cartoon video by Mark Fiore--worth the few seconds it takes to load.

Once again we see how federal sentencing decisions lie not in the hand of judges, where they belong, but to prosecutors under the federal sentencing guidelines. Prime example, in today's news: The U.S. Attorney in Boston is seeking much longer drug, gun sentences:

"The U.S. attorney in Boston has ordered federal prosecutors to seek longer prison terms for people convicted of drug and gun offenses. Under U.S. Attorney Michael Sullivan's policy of requiring prosecutors to seek sentence enhancements, a convicted drug dealer's 10-year sentence could double if he has a prior drug conviction in state court. "

''This is a kind of sea change in the practice of this office,'' Sullivan said in Sunday's Boston Globe. ''I think it's important that we use the tools that allow for the most significant punishment.''

"The move bucks a national trend against lengthy sentences, which critics say too harshly punish indigent, non-violent defendants. According to the U.S. Sentencing Commission, the lengths of federal drug sentences have dropped more than 20 percent in the past decade. "

"Before Sullivan announced the change internally earlier this year, federal prosecutors in Massachusetts used their discretion when seeking sentencing enhancements that increase the mandatory minimum sentences for drug dealers with previous felony drug convictions. Now, prosecutors are required to use the enhancements in every applicable case."

We expect more of this coming from Ashcroft. As chief law enforcement officer of the courntry, and the Department of Justice, which oversees the U.S. Attorneys office, he can implement his poorly conceived, ill-advised plans however he wishes--particularly now that the Congress will be Republican and hardly apt to hold him in check.

Already in Colorado, according to our sources (and recent clients' charges) pot growing cases of under 100 plants are now being brought in federal court. The Assistant US Attorneys are not happy about having to prosecute these small cases, but we've been told (and not from an AUSA) that this is happening at Ashcroft's insistence.

Why does Ashcroft always go in reverse when the rest of the world is going forward? Our prediction: this is just the shape of things to come.

Al Gore will decide whether to run for president by the end of the year.

Interviewed by Barbara Walters last night, he said he wouldn't rule out any potential running mates including Lieberman or Hillary.

Liberal Oasis has much, more more on a potential Gore candidacy.

Happy Birthday to Avedon Carol's The Sideshow blog which is one year old. Avedon has a good post up today about Bush's concern about gays in the military outweighing his concern for making us safe from terrorism. She compares it to her own childhood, which makes it a very interesting read. She also links to Patrick Nielson's post on the subject which we highly recommend as well. Nathan Newman chimes in as well, as does Daily Kos.

Wrongfully convicted former Illinois death row inmate Rolando Cruz is seeking a full pardon. The family of the victim of the crime for which he was wrongfully convicted is objecting.

"In documents filed with the board, Birkett, the DuPage County state's attorney, says recent DNA testing shows more clearly than ever that Brian Dugan, not Cruz, raped Nicarico. Dugan, 46, has confessed to the crime and has said he committed it alone. Dugan has never been charged in the child's death but is serving a life term for unrelated murders."

Why is the family of the murdered little girl objecting? They cling to their belief that Cruz was somehow involved in the little girl's death.

"Cruz and two others who had been convicted of the crime sued DuPage County and settled for a total of $3.5 million. Seven prosecutors and police officers were charged with lying and making up evidence but were acquitted. "

"Stephen Pecoraro, a jailhouse informant who testified against Cruz, told the board that a detective bullied him into lying. "I thought he was guilty. Everybody told me he was. If he was guilty, he should die that's the way I feel,'' Pecoraro said. ''I tried my damnedest to get him the death penalty because I believed the police. They lied to me."

Cruz deserves his pardon. He spent 11 years in prison for a crime he didn't commit. DNA evidence proved it. The cops made up his confession.

The slain girl is no longer a victim of a crime committed by Cruz. Her family in not a victim of Cruz either. We hope and urge the Pardon board and Governor Ryan to pardon Cruz.

Great news from Mark Agrast, the chair of the ABA Section of Individual Rights and Responsibilities and Counsel and Legislative Director to Rep. William D. Delahunt (D-MA):

As the House of Representatives completed its business for the year, Congressman Bill Delahunt and Congressman Ray LaHood announced that the Innocence Protection Act had reached a new milestone of 250 House cosponsors. Adding their support to the bill were:

Representative Bart Gordon of Tennessee
Representative Rob Andrews of New Jersey
Representative Adam Schiff of California
Representative Stephen F. Lynch of Massachusetts

The complete list of cosponsors appears below.

We are immensely grateful to our House and Senate cosponsors and to all those who have worked so hard to build support for the bill. While we did not cross the finish line during the session just ending, we look forward to working with you as we renew our efforts in January.

H.R. 912, INNOCENCE PROTECTION ACT OF 2001

COSPONSORS

Republicans (67) in roman, Democrats (182) in italics, Independents (1) in small caps.

Members who have died or left the House appear in brackets.

William D. Delahunt (MA)
Ray LaHood (IL)
Neil Abercrombie (HI)
Aníbal Acevedo-Vilá (PR)
Gary L. Ackerman (NY)
Thomas H. Allen (ME)
Rob Andrews (NJ)
Joe Baca (CA)
Spencer Bachus (AL)
Brian Baird (WA)
John Elias Baldacci (ME)
Tammy Baldwin (WI)
Thomas M. Barrett (WI)
Roscoe G. Bartlett (MD)
Charles F. Bass (NH)
Xavier Becerra (CA)
Shelley Berkley (NV)
Howard L. Berman (CA)
Rod R. Blagojevich (IL)
Earl Blumenauer (OR)
Sherwood L. Boehlert (NY)
John A. Boehner (OH)
David E. Bonior (MI)
Mary Bono (CA)
Robert A. Borski (PA)
Leonard L. Boswell (IA)
Rick Boucher (VA)
Allen Boyd (FL)
Robert A. Brady (PA)
Corrine Brown (FL)
Sherrod Brown (OH)
Dan Burton (IN)
Ken Calvert (CA)
Dave Camp (MI)
Lois Capps (CA)
Chris Cannon (UT)
Michael E. Capuano (MA)
Benjamin L. Cardin (MD)
Brad Carson (OK)
Julia Carson (IN)
Michael N. Castle (DE)
Donna M. Christensen (VI)
William Lacy Clay (MO)
Eva M. Clayton (NC)
James E. Clyburn (SC)
Howard Coble (NC)
John Conyers, Jr. (MI)
Jerry F. Costello (IL)
William J. Coyne (PA)
Philip M. Crane (IL)
Joseph Crowley (NY)
Elijah E. Cummings (MD)
Danny K. Davis (IL)
Susan A. Davis (CA)
Tom Davis (VA)
Peter A. DeFazio (OR)
Diana DeGette (CO)
Rosa L. DeLauro (CT)
Norman D. Dicks (WA)
Lloyd Doggett (TX)
Calvin M. Dooley (CA)
Michael F. Doyle (PA)
Jennifer Dunn (WA)

Vernon J. Ehlers (MI)
Robert L. Ehrlich, Jr. (MD)
Jo Ann Emerson (MO)
Eliot L. Engel (NY)
Phil English (PA)
Anna G. Eshoo (CA)
Lane Evans (IL)
Eni FH Faleomavaega (AS)
Sam Farr (CA)
Chaka Fattah (PA)
Bob Filner (CA)
Mark Foley (FL)
Harold E. Ford, Jr. (TN)
Barney Frank (MA)
Martin Frost (TX)
Greg Ganske (IA)
Richard A. Gephardt (MO)
Wayne T. Gilchrest (MD)
Paul E. Gillmor (OH)
Benjamin A. Gilman (NY)
Charles A. Gonzalez (TX)
Bart Gordon (TN)
James C. Greenwood (PA)
Felix J. Grucci, Jr. (NY)
Luis V. Gutierrez (IL)
[Tony P. Hall (OH)]
Jane Harman (CA)
Melissa A. Hart (PA)
Alcee L. Hastings (FL)
Doc Hastings (WA)
Joel Hefley (CO)
Baron P. Hill (IN)
Earl F. Hilliard (AL)
Maurice D. Hinchey (NY)
Rubén Hinojosa (TX)
David L. Hobson (OH)
Joseph M. Hoeffel (PA)
Rush D. Holt (NJ)
Michael M. Honda (CA)
Darlene Hooley (OR)
Stephen Horn (CA)
Amo Houghton (NY)
Steny H. Hoyer (MD)
Jay Inslee (WA)
Steve Israel (NY)
Jesse L. Jackson, Jr. (IL)
Sheila Jackson Lee (TX)
William J. Jefferson (LA)
Eddie Bernice Johnson (TX)
Nancy L. Johnson (CT)
Timothy V. Johnson (IL)
Stephanie Tubbs Jones (OH)
Paul E. Kanjorski (PA)
Marcy Kaptur (OH)
Sue W. Kelly (NY)
Patrick J. Kennedy (RI)
Dale E. Kildee (MI)
Carolyn C. Kilpatrick (MI)
Ron Kind (WI)
Peter T. King (NY)
Gerald D. Kleczka (WI)
Jim Kolbe (AZ)

Dennis J. Kucinich (OH)
John J. LaFalce (NY)
Nick Lampson (TX)
James R. Langevin (RI)
Tom Lantos (CA)
Rick Larsen (WA)
John B. Larson (CT)
Steven C. LaTourette (OH)
James A. Leach (IA)
Barbara Lee (CA)
Sander M. Levin (MI)
John Lewis (GA)
William O. Lipinski (IL)
Zoe Lofgren (CA)
Nita M. Lowey (NY)
Bill Luther (MN)
Stephen F. Lynch (MA)
Carolyn B. Maloney (NY)
James H. Maloney (CT)
Edward J. Markey (MA)
Robert T. Matsui (CA)
Carolyn McCarthy (NY)
Karen McCarthy (MO)
Betty McCollum (MN)
Jim McDermott (WA)
James P. McGovern (MA)
John M. McHugh (NY)
Scott McInnis (CO)
Cynthia A. McKinney (GA)
Michael R. McNulty (NY)
Martin T. Meehan (MA)
Carrie P. Meek (FL)
Gregory W. Meeks (NY)
Juanita Millender-McDonald (CA)
George Miller (CA)
[Patsy T. Mink (HI)]
[John Joseph Moakley (MA)]
Dennis Moore (KS)
James P. Moran (VA)
Constance A. Morella (MD)
John P. Murtha (PA)
Sue Wilkins Myrick (NC)
Jerrold Nadler (NY)
Grace Napolitano (CA)
Richard E. Neal (MA)
George R. Nethercutt, Jr. (WA)
Eleanor Holmes Norton (DC)
James L. Oberstar (MN)
John W. Olver (MA)
Tom Osborne (NE)
Major R. Owens (NY)
Michael G. Oxley (OH)
Frank Pallone, Jr. (NJ)
Bill Pascrell, Jr. (NJ)
Ed Pastor (AZ)
Donald M. Payne (NJ)
Nancy Pelosi (CA)
Collin C. Peterson (MN)
Thomas E. Petri (WI)
David D. Phelps (IL)
Todd Russell Platts (PA)
Earl Pomeroy (ND)
Rob Portman (OH)

David E. Price (NC)
Deborah Pryce (OH)
Jack Quinn (NY)
Nick J. Rahall (WV)
Jim Ramstad (MN)
Charles B. Rangel (NY)
Silvestre Reyes (TX)
Lynn N. Rivers (MI)
Ciro D. Rodriguez (TX)
Tim Roemer (IN)
Dana Rohrabacher (CA)
Steven R. Rothman (NJ)
Lucille Roybal-Allard (CA)
Bobby L. Rush (IL)
Martin Olav Sabo (MN)
Loretta Sanchez (CA)
Bernard Sanders (VT)
Max Sandlin (TX)
Tom Sawyer (OH)
[Joe Scarborough (FL)]
Janice D. Schakowsky (IL)
Adam B. Schiff (CA)
Robert C. Scott (VA)
José E. Serrano (NY)
Christopher Shays (CT)
Brad Sherman (CA)
Rob Simmons (CT)
Louise M. Slaughter (NY)
Adam Smith (WA)
Christopher H. Smith (NJ)
Hilda L. Solis (CA)
Mark E. Souder (IN)
John M. Spratt, Jr. (SC)
Fortney Pete Stark (CA)
Cliff Stearns (FL)
Ted Strickland (OH)
Bart Stupak (MI)
John E. Sweeney (NY)
Ellen O. Tauscher (CA)
Bennie G. Thompson (MS)
Mike Thompson (CA)
Karen L. Thurman (FL)
Patrick J. Tiberi (OH)
John F. Tierney (MA)
Patrick J. Toomey (PA)
Edolphus Towns (NY)
[James A. Traficant, Jr. (OH)]
Mark Udall (CO)
Tom Udall (NM)
Fred Upton (MI)
Nydia M. Velázquez (NY)
James T. Walsh (NY)
Maxine Waters (CA)
Diane E. Watson (CA)
Melvin L. Watt (NC)
Henry A. Waxman (CA)
Anthony D. Weiner (NY)
Curt Weldon (PA)
Robert Wexler (FL)
Frank R. Wolf (VA)
Lynn C. Woolsey (CA)
Albert R. Wynn (MD)
________________________________________________________________
Mark D. Agrast, Counsel and Legislative Director
The Honorable William D. Delahunt
United States House of Representatives
1317 Longworth House Office Building, Washington, D.C. 20515
202.225.3111 (phone) 202.225.5658 (fax)
mark.agrast@mail.house.gov

The Judge in the sniper case refused to issue a gag order on the FBI and police today saying he needed more time to study the source of the leaks.

We disagree. He could and should have issued a gag order on all the parties. Why? See our prior post here.