Christopher Hitchens has passed away . He died of pneumonia, a complication of his oesophageal cancer. He was 62.

Here is his last political column, written for Slate 3 weeks ago. His final personal column, written for Vanity Fair and the Jan. 2012 issue, is here.

Also at Vanity Fair, Graydon Carter writes Christopher Hitchens: In Memoriam. VF's Christopher Hitchens page is here.

Homeland Security Secretary Janet Napolitano announced today that Maricopa County has been terminated from the controversial 287(g) Secure Communities program as a result of the Justice Department's report today finding civil rights violations.

“The Department of Homeland Security (DHS) is troubled by the Department of Justice’s (DOJ) findings of discriminatory policing practices within the Maricopa County Sheriff’s Office (MCSO). Discrimination undermines law enforcement and erodes the public trust. DHS will not be a party to such practices. Accordingly, and effective immediately, DHS is terminating MCSO’s 287(g) jail model agreement and is restricting the Maricopa County Sheriff’s Office access to the Secure Communities program.

DHS will utilize federal resources for the purpose of identifying and detaining those individuals who meet U.S. Immigration Customs Enforcement’s (ICE) immigration enforcement priorities. The Department will continue to enforce federal immigration laws in Maricopa County in smart, effective ways that focus our resources on criminal aliens, recent border crossers, repeat and egregious immigration law violators and employers who knowingly hire illegal labor.”

Now it's time to end Secure Communities.

It's official. The Senate, by a vote of 86-13, has passed the $662 billion NDAA, which was passed by the House yesterday.

The bill now goes to President Obama to sign, and his advisers are no longer recommending a veto over the detainee provisions.

You can read the detainee provisions here.

The Bureau of Justice Statistics has released two new reports on prisoner population in 2010. The total number of prisoners has declined for the first time in 40 years. But while the number of state prisoners declined, the number of federal prisoners increased.

The total U.S. prison population fell to 1.6 million at year end 2010, a decline of 0.6 percent during the year, the first decline in the total prison population in nearly four decades.

This decline was due to a decrease of 10,881 in the number of state prisoners, which fell to just under 1.4 million persons and was the largest yearly decrease since 1977. The federal prison population grew by 0.8 percent (1,653 prisoners) to reach 209,771, the smallest percentage increase since 1980.

1 in 33 adults, 7.1 million people, were under the supervision of adult correctional authorities at the end of 2010. The reports are Correctional Population in the United States, 2010 and Prisoners in 2010.

The ACLU has released a report on domestic use of drones. Shorter version: They are coming, to be used as tools of law enforcement in spying on all of us.

Unmanned aircraft carrying cameras raise the prospect of a significant new avenue for the surveillance of American life. Many Americans have heard of these aircraft, commonly called “drones,” because of their use overseas in places like Afghanistan and Yemen. But drones are coming to America, and, as an ACLU report concludes, protections must be put in place to guard our privacy

It is anticipated that the FAA will propose new rules early in 2012 that would make it easier for law enforcement agencies to get permission to use drones in the U.S.

The full report is here.

The Civil Rights Division of the Department of Justice has released its investigative report on Arizona Sheriff Joe Arpaio and the Maricopa Sheriff's Deaprtment. It finds serious civil rights violations. The full report is here.

The report finds "a chronic culture of disregard for basic legal and constitutional obligations." The Department is seeking a written agreement from the Department and implementation of federal oversight. If it refuses, it will file a civil suit to force compliance. [More...]

The Death Penalty Information Center has released its year-end report. In 2011, less than 100 fewer death sentences were imposed, the lowest number since capital punishment was reinstated in 1976.

The number of new death sentences imposed in 2011 stands at 78, a decline of about 75% since 1996, when 315 inmates were sentenced to death. This is the lowest number of death sentences in any year since the death penalty was reinstated in 1976. Texas, which had 48 new death sentences in 1999, had only 8 this year.

The number of U.S. executions also declined. "There were 43 executions in 13 states, a 56% decline since 1999, when there were 98."

34 states still authorize the death penalty. According to the 2011 Gallup Poll, only 61% of Americans now support the death penalty, compared to 80% in 1994.

Good morning.

Travel day for me.

Open Thread.

The judge presiding over Rod Blagojevich's criminal case has agreed to recommend the Bureau of Prisons admit him to RDAP -- the residential drug and alcohol program that allows inmates who successfully complete it to cut up to a year off their prison terms.

The news is reporting he asked for drug treatment even though Blago's attorneys gave no reason for the request. Also the reports state Team Blago asked he be placed in the program when he starts his sentence.

First of all, the program is for drug and/or alcohol treatment, so there's no reason to assume the request was based on drug use. [More...]

Busy today.

Open Thread.

The judge in Rod Blagojevich's case has recommended to the Bureau of Prisons that he be designated to the low-level prison in Englewood, Colorado, outside of Denver. (BOP website for Englewood here.)

Blagojevich isn't eligible for a camp because his sentence exceeds 10 years. So a low security facility is the next best thing. Englewood is pretty decent. Lots of clients want to go there. (Here's the Commissary list.)It also has an adjacent camp which he can get to when he does qualify.

He may even find friends there. Enron's Jeffrey Skilling is serving his sentence at Englewood, and he doesn't get out until 2028.

A judge's recommendations are not binding on the Bureau of Prisons, so it's not a certainty that's where he will go. Bed space may play a role. The judge also extended Blago's surrender date until March 15, to give him more time to sell his home.

Jerry Sandusky waived his preliminary hearing today. Some lawyers (ex-prosecutors mostly) are criticizing the move, saying he gave up the ability to get the alleged victims' versions on the record and under oath now, which would be valuable at trial for impeachment if they change their version of events.

Personally, I think it was an okay move and the least damaging to Sandusky in the long run. Had the hearing proceeded, the media would have continually reported the most sensational allegations over and over. By the time of trial, the odds of finding unbiased jurors would be even more unlikely than they are now. [More...]