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...]

Here is the final conference report of the National Defense Authorization Act for 2012, with slight changes to the detainee provisions, which were made in response to objections by the Obama Administration. A version with just Subtitle D, entitled “Counterterrorism,” is here. The section continues to page 685. The explanation for the changes is here.

Shorter version: Indefinite detention is here to stay and Guantanamo is not closing anytime soon.

The press release from the Armed Services Committee is here. Here is the old version if you want to track the latest changes. The Detainee provisions begin on page 364.

Sen. Carl Levin puts his spin on the changes here.

Check out the Lawfare Blog for technical analysis and Human Rights Watch's statement saying the bill is fundamentally flawed and Obama should veto the newest version. (Don't count on it.) [More...]

Via Atrios, when Republicans like eminent domain:

Two pipeline companies are seeking the clout of eminent domain. While the Pennsylvania Public Utility Commission has yet to rule, it signaled this year that it was leaning toward giving firms condemnation power to gain rights-of-way for their pipelines.

Many years ago, I penned a legal defense of the Kelo decision. Many "conservatives" claimed outrage over the decision. My defense was largely premised on the court's adherence to existing precedent that gave deference to the elected branches of government, especially, State and local government, on issues of purely local concern. The "conservatives" claimed that the "violation" of private property rights made the issue one of Constitutional concern. We'll see what they say now.

Paul Krugman responds to Ezra Klein:

[O]nce you realize that the GOP is not now, and never has been (at least not since the 1970s) concerned about the deficit. All the fiscal posturing of the last couple of years has been about using the deficit as a club to smash the welfare state, with the secondary goal of frustrating any efforts on the part of the Obama administration to help the struggling economy.

The entire debate has been fake. If you don’t understand that, or can’t bring yourself to admit it, you’re missing the whole story.

Fair and balanced in the Beltway.

Our earlier open thread is just about full.

My computers seem to be malware free now, but I'm still being very cautious. The last expense I want this time of year is a new computer or even worse, two.

In political news, Newt Gingrich today promised an evangelical group in Iowa he'll remain faithful to his current wife. In a letter promising to oppose gay marriage, he added:

"I also pledge to uphold the institution of marriage through personal fidelity to my spouse and respect for the marital bonds of others," he wrote.

This is an open thread, all topics welcome.