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Friday :: February 25, 2011

Doctor Acquitted of Sexually Assaulting Nanny

A Denver physician accused of rape by his former nanny was acquitted today. It was a he-said-she-said case. Defense attorney Pam Mackey (who represented Kobe Bryant in his alleged sexual assault case) and Saskia Jordan represented the doctor. More case details here.

What convinced the jury? The doctor, who is divorced, had two nannies, and the head nanny fired the complaining nanny after learning of the encounter. The fired nanny then filed a civil lawsuit against the doctor. Translation: motive to lie.

Both nannys and the doctor testified at trial. The jurors were allowed to ask questions. They deliberated four hours before reaching their verdict.

As a result of the charge, the doctor had his medical license suspended and lost his hospital privileges. I assume those will be restored. But, how does he get his reputation back?

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Spain's High Court Allows Torture Suit Against Bush Officials to Proceed

Via the Center for Constitutional Rights: The full panel of Judges of the Audencia Nacional (Spain’s High Court) rejected a Spanish prosecutor’s effort to stop an investigation into the role of US officials for torture on Guantanamo.

This is a monumental decision that will enable a Spanish judge to continue a case on the “authorized and systematic plan of torture and ill treatment” by U.S. officials at Guantanamo. Geoffrey Miller, the former commanding officer at Guantánamo, has already been implicated, and the case will surely move up the chain of command. Since the U.S. government has not only failed to investigate the illegal actions of its own officials and, according to diplomatic cables released by WikiLeaks, also sought to interfere in the Spanish judicial process and stop the case from proceeding, this will be the first real investigation of the U.S. torture program. This is a victory for accountability and a blow against impunity. The Center for Constitutional Rights applauds the Spanish courts for not bowing to political pressure and for undertaking what may be the most important investigation in decades.

CCR's page on the Spanish lawsuits is here.

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Winklevoss Twins Still Chasing Zuckerberg

The LA Times reports on the status of the Winklevoss twins' latest lawsuit against Facebook founder Mark Zuckerberg. They are suing to undo the settlement they reached in 2008, reportedly worth $160 million to the twins, in money and Facebook stock. The case is pending in the 9th Circuit Court of Appeals.

The Winklevosses won't say exactly how much they would seek in their high-stakes grudge fest with the billionaire Facebook founder, but by their own calculations they argue they should have received four times the number of Facebook shares. That would make any new settlement worth more than $600 million based on a recent valuation of Facebook at more than $50 billion.

The Winkelvoss brothers also sued their lawyers who represented them in the original lawsuit. The case was resolved by arbitration, and they were ordered to pay their lawyers the 20% contingency the fee agreement called for. [More...]

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Do Dems Have To Capitulate On Policy To Be Politically Succesful?

Yesterday, Matt Yglesias wrote:

Democratic Party politicians can win if and only if they secure large majorities of the vote from self-identified moderates, and then self-identified moderates have different opinions from liberals about several important issues. I really strongly recommend the paper as a dose of Real Talk for folks (myself included) who are more inclined to take the liberal side of these issues[.]

Today, Ezra Klein writes:

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Meanwhile, Back At The Economy . . .

GDP for the 4th quarter of 2010 revised sharply downward:

Budget cuts by state and local governments hurt the economy more than originally thought, according to a government release Friday. Gross domestic product, the broadest measure of economic activity, was revised lower to an annual growth rate of 2.8% in the three months ending in December. The initial reading had been for a 3.2% growth rate in the period. That's a surprising dip, given that economists were expecting the rate to be revised upward to 3.3%.

Surprise will be the reaction this year as the economy struggles along with little job growth and federal government spending cuts. Our Lost Decade proceeds apace.

Speaking for me only

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Senate Dems Preparing Bill To Slash Spending

The capitulation begins:

With a political standoff over spending threatening to trigger a federal shutdown next week, Senate Democrats began drafting a plan Thursday to slice billions of dollars from domestic agency budgets over the next seven months, yielding to Republican demands to reduce the size of government this year.

In December, President Obama led the capitulation on tax policy. Now Senate Dems lead the capitulation on spending. They of course regret all the pain they will be inflicting and the severe damage they will be causing to the economy. Grover Norquist and the Republicans have no regrets of course. But does that really matter? The results are the same.

Speaking for me only

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What Passes For "Smart" Conservative Analysis Of The Affordable Care Act

Ezra Klein points to this critique of Judge Gladys Kessler's opinion (PDF) upholding the Affordable Care Act. Ezra writes:
Avik Roy argues against Judge Gladys Kessler's ruling upholding the individual mandate. I'm linking to this for two reasons: One, to remind myself to blog on it tomorrow. Two, to recommend bookmarking Roy's blog for a smart conservative take on health-care policy.
I read the critique and am still looking for the "smart." I'll explain why on the flip.

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Thursday :: February 24, 2011

Thursday Night Open Thread

Al Jazeera is in talks with Comcast about being added to the cable lineup. I think it would be a welcome addition.

Is anyone getting the new Macbook Pro with Thunderbolt that came out today? I'd love one, but I think the price tag is way too steep.

American Idol Top 24: Did any of your faves not make it? I think the guys are much more interesting and talented than the women this year.

The DEA and other agenciesarrested 541 people today in a national drug sweep.

Arizona, Atlanta, St. Louis, Denver, Detroit, San Antonio, San Diego, Chicago, Newark and Miami are key areas....Arizona, Atlanta, St. Louis, Denver, Detroit, San Antonio, San Diego, Chicago, Newark and Miami are key areas.... The operation is a joint effort by the DEA, ICE, U.S. Marshals, ATF, Border Patrol, and local agencies.

This is an open thread, all topics welcome.

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British Judge Approves Julian Assange Extradition to Sweden

The judge presiding over the case of Wikileaks' founder Julian Assange's extradition to Sweden has ruled he can be extradited.

The Judge ruled Assange can get a fair trial in Sweden and that the extradition request and warrant were valid. He rejected Assange's claim that he also could be extradited to the U.S. or Guantanamo and said there was no evidence Assange faced torture or extradition if that happened.

Assange can appeal the decision.

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Haircuts And Downturns

3 stories for your consideration:

Obama Administration a year late and a lot of dollars short with haircuts for banks:

The Obama administration is trying to push through a settlement over mortgage-servicing breakdowns that could force America's largest banks to pay for reductions in loan principal worth billions of dollars. [. . .] Under the administration's proposed settlement, banks would have to bear the cost of all writedowns rather than passing them on to other investors. [. . . E]ven if banks agree to a $20 billion penalty, the number of mortgages that can be cured with that number is limited [. . .]

Goldman Sachs says budget cuts will significantly reduce economic growth:

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Wednesday :: February 23, 2011

Wednesday Night Open Thread

Criminal Injustice Kos has a good diary today on solitary confinement as a form of torture.

Remember Marvin Booker, the homeless man in Denver jailed on a drug paraphernalia charge, who died after being tasered when he went to retrieve his shoes before going back to his holding cell? The cops won't face charges, but his family announced today they will sue.

Lindsay Lohan got some bad news from the judge today. She has until March 10 to consider her dismal options.

Tonight on TV: Survivor, American Idol, the premiere of the new season of America's Next Top Model, and a new Justified.

This is an open thread, all topics welcome.

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The Fallibility of Drug Sniffing Dogs

Radley Balko has a new article at Reason, The Mind of a Police Dog, discussing reasons why drug dogs are not as accurate as police and courts assume. It may not be the dog's fault:

The problem is our confusion about when dogs are picking up a scent and when they are responding to cues from their handlers.

....The problem is that a dog barking or sitting may be responding not to a smell but to his handler's hunch about a suspect's guilt. The reason we have a Fourth Amendment is precisely to prevent searches based on hunches.

Courts don't require warrants for K-9 searches, yet they conclude that a positive hit is probable cause for a search.

A recent Chicago Tribune study found the dogs are frequently wrong. More on the study here, and from Jacob Sullum, in A Drug-Sniffing Coin Would be Cheaper. Once again, the Fourth Amendment is going to the dogs.

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