Iman Ahmad Wais Afzali, an Afgan who grew up in this country and is lawfully present in the U.S., and who cooperated with the NYPD in the investigation into Najibullah Zazi, was sentenced today in federal court in Brooklyn to time served, and given 90 days to self-deport.

The question remains: Did the FBI blow its investigation by its clumsy car stop of Zazi as he was driving into New York on September 10? The Government denies it, Afzali, in his sentencing memorandum and a letter to the court (both available on PACER) insists it is true. [More...]

I participate in the National Journal's weekly bloggers (and DC Insiders) poll. Here was this week's. On the poll question I will be asking you - "Are you open to supporting some version of a value-added tax?" - my answer is:

"'Some version'? Sure. Especially on luxury items."

Let's VAT tax yachts, 5 star hotels, expensive cars, million dollar homes (especially vacation homes), caviar, champagne, private jets. That sort of thing. I even have a name for it - the "Cadillac Tax." Whaddya think? Take the poll.

Speaking for me only

Thomas A. Drake, a high level official with the National Security Agency, had been indicted in Maryland for making false statements and obstruction of justice into the investigation of who leaked details of Bush's warrantless NSA surveillance program to a newspaper in 2006 and 2007.

A federal grand jury in Maryland indicted Drake on five counts of retaining classified information without authorization, including four e-mails and one document copying classified information. He also was charged on one count of obstructing justice and four counts of making false statements to the FBI. The maximum prison terms for those charges range from five to 20 years.

From the DOJ press release: [More...]

The White House has announced that President Obama has nominated John Walsh for Colorado U.S. Attorney, ending a long and bumpy process. Walsh, was born in New York but grew up in Denver. He is in private practice. He served as an AUSA in Los Angeles from 1987 to 1995, and has emphasized gun crimes and economic crimes as a priority. Republicans like Walsh, I expect he'll be confirmed easily. As one put it, ""We're not going to get a Republican appointed, so why not take the best of the Democrats?"

The Denver Post endorsed Walsh for Denver D.A. in 2004 when he lost to our current D.A., Mitch Morrissey. It liked his promise to strengthen juvenile diversion, prevention programs and drug courts.

The Pueblo Chieftain reports Walsh has made significant contributions to the campaigns of Obama, Mark Udall and Ken Salazar. The other contender for the position, Pueblo D.A. Joe Thiebaut, did not.

Walsh was also under consideration for a federal judgeship. From a practical standpoint, it will be interesting to see what changes Walsh makes in leadership positions inside the office.

This is to bring a little levity to those of you filling out income tax forms or extension requests today. Get them postmarked by midnight.

Here's an open thread, where you can rant about taxes or anything else.

Gil Kerlikowski, Obama's Drug Czar, testified Wednesday before the Domestic Policy Subcommittee of the House Committee on Government Oversight and Reform. His prepared statement is here. The hearing was titled, "ONDCP's Fiscal Year 2011 National Drug Control Budget: Are We Still Funding a War on Drugs?"

Here's the statement of Ethan Nadelman, Executive Director, Drug Policy Alliance.

Last May, Kerlikowski also advocated a change in the war on drugs, which has been a failure. At Thursday's hearing, he stressed treatment over incarceration.

The problem? Kerlikowski's new policy looks too much like the old one. [More...]

BTD is traveling and I'm headed out to dinner.

Two will be leaving American Idol tonight. I think one will be Andrew Garcia. The other? Maybe Siobhan Magnus or Katie Stevens.

Here's an open thread, all topics welcome.

A federal judge today unsealed a 91 page evidentiary submission by the Government in its case against former Illinois Governor Rod Blagojevich. (Available here.)

The submission, called a "Santiago Proffer" outlines the co-conspirator statements the Government hopes to introduce against Blagojevich and his brother Robert at trial in June.

Anton Rezko is very prominent in the filing. So is Blago's alleged failed attempt to control the selection of a U.S. Senator from Illiniois.

The proffer also details what it calls unearned real estate commissions paid by Rezko to Patti Blagojevich which was used to renovate their home.

Blagojevich has released a statement in response to the filing saying there's nothing new here:

"It's the same old false allegations and lies," he said. "I'm looking forward to trial so the truth comes out and everyone will see that I am innocent."

In a nutshell, here are the players and the gist of the allegations [More...]:

Attorney General Eric Holder testified today before the Senate Judiciary Committee. He said no final decision has been made on where to try the 9/11 detainees. They have not ruled out New York and a decision is weeks away.

As to closing Guantanamo, Holder said it's still on the agenda but the plan cannot move forward until Congress approves funding to purchase Thomson Correctional Center in Illinois.

Here is Holder's opening statement. He also addressed the powder-cocaine disparity and confirmation lag for nominated U.S. Attorneys: [More...]

I travel again this evening, so I will be leaving you in J's capable hands until tomorrow.

This is an Open Thread.

Scott Lemieux writes:

I’m somewhat puzzled by Matt [Yglesias]’s argument that a concern with Elana Kagan’s civil liberties record is “a quite different thing than the concern that Kagan isn’t a “real liberal” in the Marshall tradition.” Brennan, Marshall and Douglas were much more civil libertarian than any of the Court’s current liberals, and there’s a real danger Kagan that Kagan would be more statist than any of them with the possible exception of Breyer.

(Emphasis supplied.) I think Lemieux has made Yglesias' point here. Indeed, the concerns of libertarians are indeed quite different from those of the traditional liberal - who views the state is a solution, not a threat. Of course, those holding these views often overlap, as they did in Justices such as Brennan and Marshall. But the concerns are, as Yglesias argues, distinct. I can assure you that you will see more libertarian concerns from Jeralyn than you will from me. And I suspect, you will see more statist concerns from me than from Jeralyn. But I imagine we both probably agree on most of these issues. I think Yglesias' point is that libertarian concerns are not equivalent to liberal concerns. I think that's right.

Speaking for me only

When discussing Solicitor General, and probable SCOTUS nominee, Elena Kagan's views on the unitary executive theory, it is important to understand what is meant by the theory of the unitary Executive Branch. I made this distinction during the Alito hearings of 2006. The Bush Administration took what I believe is a respectable theory of a unitary Executive Branch and distorted it to support their lawlessness:

In a speech to the Federalist Society in 2001, Alito said:

When I was in OLC [] . . ., we were strong proponents of the theory of the unitary executive, that all federal executive power is vested by the Constitution in the President. [. . .]

What does that mean? Here's what it means for Bush:

The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks.

The infamous Bybee Memo put it this way: