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Wednesday :: April 14, 2010

CA Introduces One-Strike Bill for Sex Offenders

Move over Jessica, Megan and Laci. Here comes Chelsea. A bill has been introduced in California mandating life in prison for some first time sex offenders.

On Monday in Sacramento, Kelly and Brent King announced a bill called Chelsea’s Law, named after their daughter. The bill notably includes a “one strike” provision that would allow prosecutors to pursue a life sentence without parole for forcible sex crimes against a minor when there are aggravating circumstances like torture and kidnapping.

Legislation should never be passed out of grief and passion or in response to a singular event, no matter how horrific. Cooler heads are needed when our fundamental liberties are at stake. One size justice is no justice at all.

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AZ to Criminalize Undocumented Presence in State

The Arizona House has passed a bill similar to one passed by the state Senate criminalizing undocumented presence in the state. With some minor reconciliation changes, it will go to the Governor for signing into law. Included in the bill are provisions that:

  • Create a new state misdemeanor crime of willful failure to complete or carry an alien registration document.
  • Allow officers to arrest immigrants unable to show documents proving they're legally in the country.
  • Ban so-called soft immigration policies at local police agencies and allow people to sue if they feel a government agency has adopted a policy that hinders the enforcement of illegal immigration laws.
  • Prohibit people from blocking traffic when they seek or offer day-labor services on street corners.
  • Make it illegal for people to transport illegal immigrants if the drivers of vehicles know their passengers are in the country illegally and if the transportation furthers their illegal presence in the country.

This bill gives cops the power to stop and verify the immigration status of anyone they suspect of being undocumented. What a mandate for racial profiling. I hope people boycott Arizona and products made there if this bill gets signed into law. Let their tourism industry suffer the consequences. Visit New Mexico or Colorado instead. [More...]

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Tuesday :: April 13, 2010

Joe Nacchio to Get Ride on Con Air

A federal judge in Denver today ordered the Government to transport former Qwest CEO Joe Nacchio, serving a 6 year sentence at Minersville, PA, to court in Denver to appear at a hearing to decide if his request to waive his appearance at his re-sentencing is knowing and voluntary. The Court of Appeals previously ruled Nacchio's sentence was not properly calculated and he should be resentenced to less time.

This is not good news for Nacchio, unless he's somehow able to convince the Marshals to allow him to pay for and fly on a private jet(which would include the cost of two or more Marshals to accompany him) which I don't know is even allowed. He'll be flying on JPats, aka, Con Air. [More...]

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Tuesday Night Open Thread

What's on tonight? American Idol (Adam Lambert is back to help advise the contestants, DWTS (someone will go home), the Biggest Loser and Justified.

This is an open thread, all topics welcome.

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Good News: Aspen Undersheriff Enters Sheriff's Race

Last week I wrote that Aspen's much beloved, long-time sheriff, Bob Braudis, decided not to run for re-election. He's been Sheriff for 24 years and a great one, who believes, among other things, the best jail is an empty one.

I was troubled that Aspen police officer Rick Magnuson, whose views are light years from Braudis, and who unsuccessfully challenged Braudis (with some dirty tricks) immediately announced he would run for the job in November. (Braudis raised 10 times the amount of money Magnuson raised in 2006, which tells you something about how the locals feel about their sheriff.)

Good news, Undersheriff Joe DiSalvo has thrown his hat in the ring. DiSalvo is a good guy who shares Braudis' enlightened philosophy. Like telling the DEA to stay out of Dodge. [More...]

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Sarah Palin's Speaking Contract: Pre-Screened Questions, First Class Travel

Update: The California Attorney General is launchng an investigation.
The attorney general's office pledged to get to the bottom of the situation, saying its expanded inquiry will seek to determine whether the university foundation, which has assets of more than $20 million, is spending its money to benefit the campus, as it promises donors, the university and the public. "We are taking this action to make sure that the money raised goes toward the intended educational purposes and not a dollar is wasted or misspent," Brown said. "Prudent financial stewardship is crucial at a time in which universities face vastly decreased funding and increased student fees."

ABC News has a copy of an addendum toSarah Palin's speaking contract with the Washington Speaker's Bureau for a speech she contracted to give at a California University. Huffington Post has a pictoral break-down.

The details of Palin's contract with the California State University, Stanislaus Foundation were contained in five pages of the document retrieved from a campus trash bin by students who heard administrators might be shredding documents related to the speech.

It begins by saying the extra provisions are necessary because of her "high profile" and "professional endeavors." It requires first class airfare for two, non-restricted coach for two more people (or a private jet), SUV's on the ground a Luxury hotels. [More...]

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Misunderstanding "Pols are Pols. . ."

My friends at corrente misunderstand what I mean by my refrain "pols are pols . . .":

In the thread to lambert's post "Hello to all that" I cited comments from TalkLeft to the effect that officeholders' principles belong at home, not at the office. Anne, whose comments at TL are the reason I read that site, responded:

I hate the “pols will be pols” framing, mostly because it just absolves them of any responsibility for their actions [. . .]

Let me first say that I too enjoy Anne's comments, but she mistakes my meaning. Let me quote again from the post from which the phrase originates:

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Nebraska Limits Abortions to First 20 Weeks

Nebraska Governor Dave Heineman will sign a bill into law today that bans abortions if the woman is 20 weeks pregnant. The reasoning: the fetus might feel pain. The text of the bill, LB1103, is here. Some snippets:

(4) There is substantial evidence that abortion methods used at and after twenty weeks would cause substantial pain to an unborn child;

(5) Expert testimony confirms that an unborn child is capable of experiencing substantial pain even if the pregnant woman herself has received local analgesic or general anesthesia; and

(6) There is a valid state interest in reducing or preventing events in which pain is inflicted on sentient and nonsentient creatures. Examples of laws that serve this interest are laws governing the use of laboratory animals, laws requiring pain-free methods of slaughtering livestock, and laws regarding hunting methods on federal lands.

[More...]

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Tuesday Morning Open Thread

Still a busy period for me. Here's an Open thread.

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The Case Against Kagan: The Need For Answers

I plan on being an advocate for the nomination of Elena Kagan to the Supreme Court. My friend and highly respected legal analyst Glenn Greenwald presents the case against her. One important point that I agree with that Glenn makes is:

[T]the evidence that is available strongly suggests that a Kagan-for-Stevens substitution would move the Court to the Right in critical areas. But Kagan's lack of a real record on these vital questions, by itself, should cause progressives to oppose her nomination.

I believe that the confirmation process can address this concern, so long as the approach I have long advocated - that nominees must be obliged to answer substantive questions on issues from the Senate - is adhered to. Failure to answer questions and provide information should be disqualifying. I argued for such a standard when John Roberts was nominated to be Chief Justice.

In any event, read Glenn's piece. It is quite good. I will be publishing a rebuttal in the next day or so.

Speaking for me only

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The Crisis Not Addressed

The employment crisis is THE crisis of our times. Bob Herbert on the unemployment crisis:

The evidence is stark. More than 44 percent of unemployed Americans have been out of work for six months or longer, the highest rate since World War II. Perhaps more chilling is a new analysis by the Pew Economic Policy Group that found that nearly a quarter of the nation’s 15 million unemployed workers have been jobless for a year or more.

[. . . T]he biggest threat to the health of the economy — corrosive, intractable, demoralizing unemployment — is still with us. And the deficit zealots, growing in strength, would do nothing to counter this scourge. [. . .] The crippling nature of the joblessness that has moved through the society like a devastating virus has gotten neither the attention nor the response that it warrants. [. . .] Whole segments of the U.S. population are being left behind, even as economists are touting modest improvements in some categories of economic data, like the creation of 162,000 jobs in March. Jobless workers who are 55 or older are having a brutal time of it. Thirty percent have been jobless for a year or more.

This truly is the most serious problem we face and official Washington seems not to care. It is the crisis of the Obama Administration and it is not at all clear they are facing up to it.

Speaking for me only

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Teenage Somali Pirate to Plead Guilty

A plea deal has been reached in the case of the teenage Somali pirate brought to New York last year. A change of plea hearing has been set for May 10.

No details are available yet as to what Abduwali Abdukhadir Muse will plead guilty to, or whether he will get a sentence break for cooperating with the Government.

In January, Muse was charged with two more hijackings. I wonder if they've figured out how old he is yet. More on his background here.

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