Affidavits for arrest warrants are not evidence. Their contents may be correct, but they also may contain inaccuracies. Affidavits contain hearsay, speculation and assumptions. They are not subject to the rules of evidence. They are not tested by cross-examination. Their purpose is merely to convince a judge that probable cause exists to arrest someone for a crime.

Criminal trials take place in public. Criminal investigations should not. One sided affidavits have no place in the public domain unless and until they are admitted as evidence at trial.

Unfortunately, the Colorado Supreme Court today, in refusing to review Denver Bronco Perrish Cox's petition to keep the affidavit in support of his arrest warrant on sexual assault charges sealed, has now poisoned his chance at getting a fair and unbiased jury. [More...]

Via CBS News:

President Obama on Friday signed a certification of Congress' repeal of the "Don't Ask, Don't Tell" policy banning gay men and women from serving openly in the military, setting the stage for the Clinton-era policy to be formally abolished on September 20, 2011. The policy will not be formally abolished until September 20 because the legislation passed by Congress late last year requires a 60-day waiting period between the certification by Mr. Obama and military leaders and full repeal.

...Defense Secretary Leon Panetta and Joint Chiefs of Staff Admiral Mike Mullen also certified that the military was prepared for repeal to be implemented.

[T]he point is that if you ask what Mitt Romney would probably be doing if he were in the White House and not trying desperately to convince his party that he shares its madness, it would look a lot like what Obama is doing [on the economy.]

There are, however, two crucial points to understand. First, Obama gets no credit for his moderation, and never will. [. . .] Second, moderate conservatism isn’t working as a policy matter. As I’ve tried to tell everyone from the beginning of the Lesser Depression, a deeply depressed economy in which monetary policy is up against the zero lower bound turns the normal rules of policy upside down. We’re in a world in which conventional prudence is folly, in which playing it safe is extremely risky. And we have, alas, a conventionally prudent, play-it-safe president — the kind of president who might have done fine in the 1990s, but not now.

(Emphasis supplied.) This. To put the point another way, Bill Clinton would likely have been a subpar President in these times. Unless he changed his policy tune. And in the end, politics follows policy success, especially on the economy. Yes, it's the economy, stupid.

Speaking for me only

Mohammed Wali Zazi, father of admitted terrorist Najibullah Zazi, was convicted by a federal jury in Brooklyn today of two counts of obstruction of justice and one count of conspiring to obstruct justice by lying to investigators and the grand jury and destroying or hiding evidence to cover up his son's aborted plan to place bombs in the New York subway system.

The case featured the testimony of two other family members who pleaded guilty and agreed to testify for the government to stave off stiff prison terms. They detailed the family's failure to acknowledge Zazi as a budding terrorist and its clumsy attempts to protect him once his plot fell apart.

The defense argued the two relatives of Zazi, who testified against him in exchange for leniency for their own participation, were lying. In the jury instructions they submitted to the Court, the defense argued the government did not accuse Mr. Zazi of destroying any physical evidence himself and conceded he was not even present during the alleged destruction. (They said the government’s theory was that Mr. Zazi aided and abetted others' destruction of physical evidence and that he wasn't guilty of aiding and abetting because Mr. Zazi did not share the specific intent of those who physically committed the crime.) [More..]

There have been many instances of historic legislation in our Nation's history. But unless the legislation led to constitutional amendments, the historic nature of such legislation could only be guaranteed by the results of subsequent elections. This is especially true when you are considering legislation regarding spending, taxes and "deficit reduction." Today, Jed Lewison reported President Obama "says he wants deficit reduction to focus on long-term spending, not short-term spending:"

The President previously discussed consummating a "historic" Grand Bargain on long term spending. I've repeatedly viewed this thinking as deluded. The reason why is:

Krugman:

There’s an old quotation, attributed to various people, that always comes to mind when I look at public policy: “You do not know, my son, with how little wisdom the world is governed.” Now that lack of wisdom is on full display, as policy elites on both sides of the Atlantic bungle the response to economic trauma, ignoring all the lessons of history. And the Lesser Depression goes on.

Ain't that the truth.

Open Thread.

Our earlier open thread is full, here's another one, all topics welcome.

Sometimes even a great cross-examination of a fraudster-snitch can't save your client.

James Margulies was convicted yesterday in a $100 million securities fraud case. Manhattan DA Cy Vance promptly showed up with a statement (will it help rehabilitate sagging image?) [More...]:

The New York Times says President Obama and John Boehner are close to striking a deal on spending cuts and taxes. Democrats are reportedly very angry. According to the Times, it involves:

$3 trillion in savings that would be obtained through substantial spending cuts and future revenues produced through an overhaul of the tax code.

Fearful of leaks that stalled prior talks, both sides are clamming up. What that tells me: Someone's going to get thrown under the bus. [More...]

John Edwards can't seem to catch a break. Today, the FEC ordered his campaign to return $2.6 million in matching funds it had received after announcing he quit the 2004 presidential race.

The FEC determined that Edwards had received just over 2.1 million dollars in matching funds after the campaign was winding down and Edwards was no longer in the race. The commission decided that in total his campaign must pay back $2,278,315 in excess matching funds.

According to the FEC, "Presidential candidates receive federal government funds to pay for the valid expenses of their political campaigns in both the primary and general elections."

Sounds like Edwards had an inkling this would be the ruling. On June 30, 2011, the campaign had $2.6 million in cash-on-hand.

Another busy work day here.

The hanging death of Jonah Shacknai's girlfriend so soon after of the death of his six year old son Max, who had fallen down the stairs days earlier, is a bit of a puzzler.

But San Diego County Sheriff's Department Sgt. Roy Frank and Coronado police Chief Louis Scanlon, in separate interviews, have stressed to reporters that there are suicide cases in which the person ties their hands to keep from trying to loosen the knot around their neck.

The Sheriff's Department, taking the lead in the investigation of Zahau's death, has said it cannot yet decide between suicide and foul play as the cause of death.

This is an open thread, all topics welcome.

One of those days.

You'll want to watch the Tour de France the next 4 days, two mountain top finishes in the Alps (tomorrow on the HC (Beyond Category) Col de Galibier after two HC climbs, Friday on the Alpe d'Huez), and Saturday the likely decisive time trial in Grenoble.

Sunday is the parade down the Champs Elysees (except for the sprinters and their leadouts.)

Open Thread.