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Saturday :: June 16, 2012

Justice Ginsburg: Turbulent Times at Supreme Court

Last night, Justice Ruth Bader Ginsburg spoke at a conference hosted by the American Constitution Society. While not giving any clues to how the court will rule on the Affordable Care Act, Arizona's immigration law, or other important cases still to be decided this term, she did say the justices were in "sharp disagreement."

"As one may expect, many of the most controversial cases remain pending," she noted. "So it is likely that the sharp disagreement rate will go up next week and the week after."

In the context of the healthcare law, she described the individual mandate issue this way: [More...]

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Saturday News and Open Thread

Thanks to all of you who contributed to our birthday fundraising. I'll be sending individual thank-you emails over the next few days. I'm really excited to be able to get a new laptop, and am headed out now to shop for one.

In the news, here's the transcript of Obama's full speech on immigration policy:

Effective immediately, the Department of Homeland Security is taking steps to lift the shadow of deportation from these young people. Over the next few months eligible individuals who do not present a risk to national security or public safety will be able to request temporary relief from deportation proceedings and apply for work authorization.

[More...]

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The Conservative Embrace Of Judicial Activism

Via Hullabaloo, George Will's forthright embrace of judicial activism:

Although Hamilton called the judiciary the “least dangerous” branch because it has “neither force nor will, but merely judgment,” it is dangerous to liberty when it is unreasonably restrained. One hopes Romney recognizes that judicial deference to elected representatives can be dereliction of judicial duty.

As David Atkins notes, this is not a change in reality, but the open embrace of judicial activism by conservatives is new.

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Friday :: June 15, 2012

Talkleft Turns 10 - Appreciation Weekend

Where does the time go? Today is TalkLeft's 10th birthday. Little did I know when I sat at the computer one weekend in June, 2002 to create TalkLeft, that I would blog every day for the next decade.

We've grown quite a bit since our first birthday -- from 1 million page views and 625,000 visitors to 82 million page views and 38 million visitors. The average time spent on TalkLeft for each visit exceeds 4 minutes. I guess there's no turning back now.

If you appreciate our coverage, or just want to buy us a birthday drink, here is the the paypal link. It's very easy (and takes credit cards even if you don't have a paypal account.) Or you can use snail-mail.

donate to TalkLeft

[More...]

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Round 2 George Zimmerman Discovery

Update: Mark O'Mara has asked for 30 days to review the jail calls not relied on by the state to revoke bond. Thus of the 151 calls, only the six calls referred to at the bond revocation hearing and in the state's motion will be released Monday.

Also, Khaled Akkawi, owner of Straight-Shoot Gun Shops, confirmed to the media Zimmerman purchased his gun from one of their stores and has used the firing range at their Casselberry store. He said the FBI visited the stores and asked employees whether Zimmerman had displayed any racial animus. Akkawi said his employees told him, "Nothing could be further from the truth."

Keep in mind, as I wrote below, Akkawi and the others listed in his section of the state's disclosure are unlikely to be called as witnesses. They are listed as "Category C" witnesses, which under Florida's discovery rules, applies to: bq.

All witnesses who performed only ministerial functions or whom the prosecutor does not intend to call at trial and whose involvement with and knowledge of the case is fully set out in a police report or other statement furnished to the defense;

[More...]

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Thursday :: June 14, 2012

NZ Court to U.S: Start Copying MegaUpload Data, You Can Afford It

Kim Dotcom scores another win in New Zealand, and it's an expensive one for the U.S. The U.S. has been fighting a New Zealand court's order to provide discovery in the extradition case, including the information stored on Megaupload servers in the U.S.

The back story: Kim Dotcom (and his codefendants) requested the disclosure of documents and materials relating to the issue of whether the U.S. has a prima facie case against them allowing for their extradition to the U.S. to face charges pending in the Eastern District of Virginia. On May 29, New Zealand District Court Judge Harvey granted several of the discovery requests and gave the U.S. 21 days to turn over the material.[More...]

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Wikileaks' Julian Assange Loses Final Extradition Appeal

The Supreme Court of Great Britain has denied the request of Wikileaks founder Julian Assange to reconsider its May 30 order rejecting his appeal of a lower court's extradition order. A press release explaining the May 30 order is here.

Today's order is here. The extradition order takes effect 14 days from today. Assange could apply for relief to the European Court of Human Rights (ECHR) in Strasbourg, but experts say it's unlikely he would prevail.

According to Fair Trials International, Assange is likely to be kept in pre-trial detention once he reaches Sweden.

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Zimmerman's Bail Bond Agents to Testify at Bond Hearing

Mark O'Mara, attorney for George Zimmerman, filed a pleading today stating he would call two witnesses from All Star Magic Bail Bonds at the June 29 hearing for bond.

I assume they will testify of the difficulty the family had in coming up with the $15,000. bond premium, as evidence that George and Shellie Zimmerman didn't think of the money raised by the website as their money, but money earmarked for legal fees, living expenses while waiting for trial and creditors. O'Mara has said in the past that the Zimmerman's didn't fully appreciate that the money belonged to them.

O'Mara has said he explained to Zimmerman why his belief was wrong, and he now understands.

Shorter version: Zimmerman wasn't lying, just mistaken, and had no intent to deceive the court.

Will he get another bond? Absolutely, in my view. First, he's legally entitled to it. Second, he will have spent 29 days in jail for his mistake -- that's a steep enough penalty. The judge is not concerned Zimmerman is a flight risk. He may not even raise the bond amount since the money is no longer under Zimmerman's control, but the control of a independent third party trustee. [More..]

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Financier Allen Stanford Sentenced to 110 years

The sentencing hearing for Financier Allen Stanford just concluded. The Government sought 230 years. The judge imposed 110 years. He was ordered to forfeit $5.9 billion. Stanford addressed the court. Via Twitter:

"If I live the rest of my life in prison...I will always be at peace with the way I conducted myself in business."

The AUSA:

"230 years will not get anyone their money back...but on sleepless nights" they will know he got the maximum. "

Stanford has been in jail since July, 2009. He has not had an easy time. In 2009, he was assaulted at the Joe Corley Correction Center, and sustained brain damage and the loss of reading ability in his right eye. After surgery, they over-medicated him to the point the Judge declared him incompetent to proceed to trial. [More...]

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Wednesday :: June 13, 2012

Wednesday Night Open Thread

I'm obviously focused on crime news today -- Zimmerman, Edwards and now Armstrong.

In TV news, why does TNT think Dallas can make a comeback? Michelle Obama is on Restaurant Impossible tonight.

For those of you with other topics on your mind, here's an open thread, all topics welcome.

(156 comments) Permalink :: Comments

New Doping Allegations Against Lance Armstrong

The U.S. Anti-Doping Agency has opened a formal action against Lance Armstrong for violating anti-doping rules from 1998 to the present. The notice is here.

The letter says Armstrong used blood transfusions from 2000 to 2005. It also alleges he used cortisone without medical authorization, and got plasma and saline transfusions.

Actions were also opened against the Team Director, two Team Doctors, a consulting doctor and a team trainer. The only rider named is Lance Armstrong.

In addition to testimony of fellow riders, the Agency says it has a urine sample showing EPO use taken in 2001 during the Tour de Switzerland. It says it has a witness who will say Armstrong told him/her it was covered up.[More...]

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No Retrial for John Edwards

John Edwards' long, embarrassing saga into the criminal justice system is over. The Justice Department announced it won't seek to retry him and has moved to dismiss the charges.

DOJ's Lanny Breuer says:

“Last month, the government put forward its best case against Mr. Edwards, and I am proud of the skilled and professional way in which our prosecutors.... conducted this trial,” he said.

Team Edwards says:

“While John has repeatedly admitted to his sins, he has also consistently asserted, as we demonstrated at the trial, that he did not violate any campaign law nor even imagined that any campaign laws could apply,” they said. “We are very glad that, after living under this cloud for over three years, John and his family can have their lives back and enjoy the peace they deserve.”

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