The Miami Herald reports today that the crack cocaine case pending against Noelle Bush will be a test case in Florida on the issue of drug therapist/patient privilege:

"Eight months after Gov. Jeb Bush begged for the public to respect his daughter's privacy as she grappled with a longtime addiction, Noelle has emerged as the central player in a legal drama more befitting the pages of a law review than The National Enquirer."

"In an Orlando courtroom, a judge will decide this week whether employees of the drug treatment center will have to testify against Bush and help prosecutors put her in prison on felony charges of possessing crack cocaine."

"The case, lawyers on both sides say, marks the first time a judge has been asked whether federal rules guaranteeing confidentiality for drug rehab patients apply when a patient is caught breaking the law during treatment."

"Underlying the case is another simmering question that may never be answered but could haunt the governor as he runs for reelection: Is Noelle Bush enjoying favored treatment? Or, as her lawyer maintains, is she being targeted because she is American ``royalty''?"

Let It Begin Here discusses the President's trampling on not only the Bill of Rights but 800 years of history (and on principles enshrined in law since the Magna Carta) in Casualties of War or Stupidity.

Toby writes of a visit he took to Philadelphia's Independence Hall this weekend:

"At the visitor center, the National Park Service had on display one of the oldest surviving copies of the Magna Carta, signed and sealed by King John in 1215."

"The exhibit highlighted two key points established in the Magna Carta: That no ruler was above the law, and that every “freeman” had the right to a trial by his peers, and could not be subjected to arbitrary death or punishment. The exhibit then went on to detail how this foundation from English civil law was critical for the framers of the constitution. "

"I couldn’t read this without marveling at how cavalierly Pres. Bush has trampled on nearly 800 years of established English common law. Specifically, when he holds American citizens such as Jose Padilla in indefinite detention, without charges, without trial and without disclosing evidence—he is recreating the abuse of power that led to the Magna Carta. My first thought was his audacity is breathtaking. Then I thought, maybe it was stupidity. He may not realize how firmly embedded in our legal system and society is this fundamental right to trial in open court. "

The American Bar Association's Task Force on Treatment of Enemy Combatants, comprised of military law experts, prosecutors, judges and defense counsel, issued a report last month criticizing the indefinite detention of American citizens such as Hamdi and Padilla under the guise of being "enemy combatants."

The ABA sharply disagrees with the Justice Department's view that enemy combatants who take up arms against America, including those who are U.S. citizens, are not entitled to enter the criminal justice and court systems.

In a nutshell, the report calls for detained citizens to have the right to counsel and judicial review of their cases. The message: You don't need to suspend the Constitution to accept the importance of intelligence gathering.

The report clearly distinguishes the Quiran case from WWII that the Justice Department and its spokespersons rely upon--the report is encrypted so we can't copy that part here--so go over and read it.

The U.S. Justice Department insists online gambling is against the law. But that's not stopping online bettors from rolling the dice, according to Elliot Borin in Wired Magazine's OnLine Gaming Illegal (Wink, Wink).

"Many watchers of online casino operations remain convinced the industry is still on a roll. As proof, they cite a federal court decision in Louisiana that could de-fang the Justice Department's virtual bite, Congress' repeated repudiation of such measures as the Internet Gambling Prohibition Act and a successful Nevada ballot initiative directing the state legislature to begin issuing online gambling licenses. (Several Las Vegas casinos now operate online by way of the Isle of Man.) "

"In a recent letter to the Nevada Gaming Control Board, the Justice Department restricted Nevada's Internet casino business and banned all Internet wagering that crosses state lines. "

"The Wire Act appears to outlaw Internet gambling," said Bradley Gross, a partner in the Technology Law Group of Becker & Poliakoff, referring to the prohibition of the Federal Interstate Wire Act of 1960 against engaging "in the business of betting or wagering knowingly or (using) a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers."

"However, the act specifically limits its application to sporting events and contests, and casino games are generally not considered contests because the participant is competing against mathematical odds, not other people," Gross said. "

Press Release from the National Coalition to Abolish the Death Penalty:

"The state of Texas is scheduled to carry out the 800th execution in the United States since the U.S. Supreme Court's 1976 Gregg vs. Georgia decision cleared tthe way for the continuation of capital punishment.

Scheduled for execution at 6 p.m. Central Standard Time Tuesday is Rex Mays, originally from Harris County, Texas. If Mays' execution proceeds, it will mark the 51st execution in the United States this year and the 26th in Texas. An additional 12 executions are scheduled in the United States this year, including eight in Texas.

Steven W. Hawkins, executive director of the National Coalition to Abolish the Death Penalty, noted that were it not for Texas, the United States would see a decline in executions in 2002 for the third consecutive year. He said Texas has accounted for 282, or 35.4 percent, of the executions carried out since 1976.

"If you look at where executions are carried out, it is clear that the death penalty is largely a southern phenomenon in the United States," Hawkins said. "It also is a phenomenon largely reserved for people of color and people who do not have access to qualified attorneys."

Hawkins said that following Texas, the top five states that have carried out the most executions are Virginia (86), Missouri (58), Oklahoma (52) and Florida (51). The next five states are Georgia (30), South Carolina (28), Louisiana (27), Alabama (24) and Arkansas (24). These ten states account for 662 of the 799 executions to date, or well over 75 percent.

Brian Linse of the Lefty Directory conducts an interview with Jeanne D'Arc of the blog Body and Soul--it'a great read, we highly recommend it.

According to the New York Times, the Attorney General is not only interfering with the independence of agencies that collect crime statistics and do research on crime, for example, the Bureau of Justice Statistics and the National Institute of Justice, he has imposed a gag order on the bureau's employees. Employees received an e-mail not to speak with the press about the issue.

Former directors of the agencies say that "the agencies, created by Congress, have long been independent of the attorney general and had been allowed to release reports or make research grants without clearance by the attorney general's office."

Employees, former officials of the agencies and legal scholars have said " over the last year and with increasing speed recently, political appointees under Mr. Ashcroft have worked to undermine that independence."

"At stake, they say, is the integrity of statistics about whether crime is increasing or decreasing and the findings of scholars about what causes crime and how to reduce it. "

"One result of this change, the employees say, is that statistical reports and decisions about research grants are now being sent to Ms. Henke and Ms. Daniels and then to the attorney general for clearance before being publicly released. Another result, said the employees, who spoke on the condition of not being named, is that some reports and grants are being delayed for two to three months awaiting clearance. "

One of the Founders of the Bureau of Justice Statistics in 1968, Professor Blumstein, called Ashcroft's changes "the most intrusive effort by the political appointees in the Justice Department to control the shaping and dissemination of statistics since I've been involved."

We agree. We have served on a National Institute of Justice Panel (Technical Working Group for Eyewitness Evidence) and while defense lawyers were far outnumbered by prosecutors and police, the process over a two year period was fair and the input of the defense bar can be seen in the final publication, Eyewitness Evidence: A Guide for Law Enforcement , that is now being used by law enforcement around the country to establish more accurate procedures for interviewing eyewitness to crime.

If Ashcroft and Justice are allowed to censor or delay reports they don't like, no one other than prosecutors and law enforcement is likely to agree to serve on future projects. The researchers, scholars and defense bar will abandon them if they are not independent. There is no financial payment for the work, and it involves a serious time commitment over a year or two period. Why bother if the results can be sat on, or worse, altered?

It would be a shame to see these agencies' work compromised due to one controlling Attorney-General.

At 11:30 a.m. Tuesday (tomorrow) 135,000 petitions will be delivered to to all 100 U.S. senators urging them to enact safeguards to protect the innocent from wrongful conviction and execution. The petitions urge the senators to pass the Innocence Protection Act.

The legislation, which has strong bi-partisan support in both the House and Senate, ensures those facing a potential death sentence get a qualified lawyer, and that those convicted of a crime have access to DNA testing. The bill was recently approved by the Senate Judiciary Committee and the counterpart House bill is now cosponsored by 243 members of Congress ---- more than half the membership of the House.

One of the Innocence Protection Act's Senate sponsors, Senator Patrick Leahy (D-Vt) will be joined by death row exoneree Kirk Bloodsworth and other members of Congress at a press conference to present the petitions.

The delivery will take place at the new Senate "Swamp" Site at Russell Park, Constitution and Delaware, across from the Capitol (near Russell Senate Office Building).

Present will be Senator Patrick Leahy (D-Vt), Senator Susan Collins (R-Me), Representative Ray LaHood (R-Il) and Kirk Bloodsworth, the first person freed from death row as a result of DNA testing.

Newsweek reports on the Buffalo Six investigation in The Hunt for Sleeper Cells.

"Not surprisingly, civil libertarians are troubled by the Buffalo case, and worry it could erode a basic constitutional right: freedom of association. But the courtroom drama playing out in Buffalo may be just a hint of things to come. "

"Justice Department officials fear that dozens of sleeper cells, with hundreds of members, may be quietly plotting the next attack from within our borders, and Attorney General John Ashcroft has vowed to root them out even if that means stretching the limits of the law. 'We don't have the luxury to take chances,' a source close to Ashcroft told NEWSWEEK. 'If we could have locked up Mohamed Atta before 9-11, do you think people would criticize us? We're going to do whatever we have to do to hold them until we find out who they really are'".

An article in today's Washington Post theorizes that Jeb Bush's re-election troubles in Florida may be a preview of those facing his brother in 2004.

"The race is front-and-center on the national political agenda because his name is Bush and his state is Florida and his brother fought a historic no-holds-barred battle for the White House on this very field two years ago. George W. Bush is nowhere on the ballot this year, so for Democrats, his brother is the next best thing. Jeb's a surrogate. A trial run."

An email this morning directed us to the libertarian Culpepper Blog where the writer criticizes Fox News for overplaying the story of Irish Traveler Madeline Gorman TooGood and the videotaped beating of her child.

We disagree and think it is a legitimate story although sure, it's been blown out of proportion. We hope it raises consciousness about child abuse and encourages people to intervene if they witness abuse. Victims of child abuse often become abusers themselves and treatment can be effective in breaking the cycle of violence.

On the other hand, we are also impressed by Ms. TooGood's immediate and total remorse, her acknowledgement that the tape makes her look like a monster, and her stated willingness to go to jail, attend parenting classes and "do whatever it takes" to get her daughter back.

Putting the child in foster home and splitting up the family does not seem to us to be the answer as it will surely traumatize the little girl and her two brothers for a long time to come. Especially when Ms. Toogood's husband and other relatives are willing to care for them pending the outcome of an investigation.

Before calling for Ms. Toogood's head, we should wait until social service officials have concluded their investigation and can offer an opinion as to whether this was a one time occurrence or a pattern of conduct and whether Ms. TooGood constitutes an ongoing threat to her children. Maybe this is a sixty second lapse by an otherwise exemplary mom--the facts aren't out yet.

The arraignment is tomorrow morning. The charge against her carries a maximum of three years in jail. She has the same right to discuss a plea bargain with the prosecutor as every other defendant and should not be criticized if she pleads not guilty tomorrow. Although, we won't be surprised if she pleads guilty tomorrow, throwing herself at the mercy of the Court for sentencing.

A sentence should not be imposed on Ms. TooGood until after the Court has had an opportunity to review a pre-sentence report prepared by professionals who have studied Ms. TooGood and interviewed family members and others who know them and have interacted with them.

So while we disagree with the Culpepper in that we find this is a legitimate story to cover (as opposed to being filler on a slow news weekend,) we also caution that none of us know enough to be calling out the firing squad at this juncture.

Update: Ms. Toogood pleaded not guilty at her hearing today. But tonight her lawyer said she would not contest the beating charge and would throw herself on the mercy of the court for sentencing.

We have cut off the comments feature to this post because there are too many for our bandwidth, sorry.

In November, South Dakota will vote on giving juries the right to return not guilty verdicts in cases in which they disagree with the law--such as cases involving tax protesters and medical marijuana users.

We're in favor of juries being able to nullify unfair or draconian laws. Generally speaking though, we are not in favor of amending the Constitution. Couldn't a state statute accomplish the same thing? What are we missing?

"In November, voters in South Dakota will decide whether to give tax protesters, medical marijuana users and other criminal defendants a new right. A proposed constitutional amendment would allow defendants there to concede their guilt but nonetheless argue for acquittal on the grounds that the law under which they were charged is misguided or draconian."

According to this puff-piece masquerading as a news profile in Sunday's L.A. Times, John Timoney would make a good police commissioner for the city. He is one of three finalists for the job. It's no secret that our vote goes to his former mentor, William Bratton, who has served as police commissioner of both New York and Boston.

But we'll just report here, you decide.

Titled Timoney Has Made a Career of Cleaning Up Police Messes, the LA Times article quotes Timoney, now in a $250,000 cushy job for the NY security firm headed by former NY cop Bo Dietl, as follows:

"Since he resigned his Philadelphia post a year ago to manage a private-sector New York security firm, "I miss the phone calls at 3 o'clock in the morning," he admitted in an interview last week. " 'Commissioner, we've got a problem--we shot the wrong guy.' I miss being part of the action."