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Sunday :: March 28, 2010

Sunday News and Open Thread

President Obama has made a surprise trip to Afghanistan. I wonder if he'll be back in time for the White House Seder.

The New York Times has an editorial supporting 9th Circuit Appeals Court nominee Goodwin Liu, calling him exceptional.

Some convicted drug defendants in Mass. are likely to get new trials following the state's Supreme Court decision this week retroactively applying the U.S. Supreme Court decision in Commonwealth v. Melendez-Diaz, holding that chemists must appear in person at trial and be subject to cross-examination.

This is an open thread, all topics welcome.

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Saturday :: March 27, 2010

ICE To Step Up Non-Criminal Deportations

The Washington Post has obtained a memo from an ICE official to field agents outlining plans to ratchet up the number of non-criminal deportations. It was written by James M. Chaparro, head of ICE detention and removal operations:

Beyond stating ICE enforcement goals in unusually explicit terms, Chaparro laid out how the agency would pump up the numbers: by increasing detention space to hold more illegal immigrants while they await deportation proceedings; by sweeping prisons and jails to find more candidates for deportation and offering early release to those willing to go quickly; and, most controversially, with a "surge" in efforts to catch illegal immigrants whose only violation was lying on immigration or visa applications or reentering the United States after being deported.

"These efforts must be sustained and will be closely monitored," Chaparro told field directors in the e-mail, which was obtained by the Center for Investigative Reporting and The Washington Post.

The memo is here (pdf). ICE responded to the Post with what seemed to be a backtrack. [More...]

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"24" To End With May 24 Finale

Fox's "24" will end its run with the season finale on May 24.

I'm not surprised. Not only have their been rumblings this would be the case, but at least so far, it's been a very badly plotted season.

What's been most troubling for me is the show's reliance on not one or two, but three stereotypes of flawed, weak women. First, there's FBI Agent Renee Walker, who they turned into a zombie-like suicidal crazy person, blaming it on a past rape. Then there is Dana, who they stereotype as white trash jail bait who, despite being somehow smart enough to work at CTU, is dumb enough to slide right back and risk her job to help her ex-boyfriend, also white trash, pull off a robbery. (Now she's about to be the mole, so it remains to be seen how they finish her story. I won't be surprised if her motive turns out to be nothing more than she fell for a terrorist and is acting out of blind devotion.) Third, there's Kayla, the daughter of President Hassan, who's portrayed as weak (again because she's hopelessly over her head in love with a traitor/terrorist. [More...]

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March Madness: Elite 8

Four of the Elite 8 teams are in action this afternoon and evening, seeking a berth in the Final Four.

In the afternoon game, 2 seed Kansas State is a 4 1/2 point favorite over 5 seed Butler, the conqueror of 1 seed Syracuse. Butler plays good defense and will want to control pace. K-State appears to have better athletes. But K-State also plays great defense. K-State beat a very good Xavier team in 2OT in the Sweet 16, after blowing a big 1st half lead. Both teams seem plenty tough mentally. I like K-State (-4.5).

In the evening game, 1 seed Kentucky boasts the likely top 2 picks in the upcoming NBA draft (John Wall and Demarcus Cousins) and seems the best team in the tournament. But 2 seed West Virginia is physical and tough. Expect a rough game. I like Kentucky (-5) to tough it out in the second half.

This is an Open Thread.

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9th Circuit Okays Use of Taser on Pregnant Woman

The 9th Circuit Court of Appeals today said it's okay for police to taser a woman who is 7 months pregnant three times because she refused to sign a traffic ticket.

Here's the opinion (pdf). First the facts, as outlined in the dissent:

Malaika Brooks, a pregnant mother, as she was driving her son to school one day: Two, soon three, police officers surrounded her. The officers thought she was speeding in a school zone; she says she was not. Brooks provided her identification when asked, so there was no doubt who she was or where to find her. The officers wrote her a ticket but she refused to sign it. Refusing to sign a speeding ticket was at the time a nonarrestable misdemeanor;now, in Washington, it is not even that. Brooks had no weapons and had not harmed or threatened to harm a soul.

Although she had told the officers she was seven months pregnant, they proceeded to use a Taser on her, not once but three times, causing her to scream with pain and leaving burn marks and permanent scars.

What the majority said: [More...]

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Friday :: March 26, 2010

Friday Night Open Thread

It just started snowing again here. I'm making a brisket with mashed potatoes and carrots, steamed asparagus and an arugula salad with cucumbers, strawberries, avocado and mozzarella cheese.

What's on your agenda or mind tonight? Is anyone excited about the new foreclosure program?

This is an open thread, all topics welcome.

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Free Koua Fong Lee From His Toyota Camry Nightmare

Last month I wrote about a recent Hmong immigrant in Minnesota serving an eight year sentence for a fatal accident. He may have been wrongfully convicted because of a faulty gas pedal in his Toyota Camry.

Koua Fong Lee was driving home from church with his wife and children when their 1996 Toyota Camry suddenly sped to 90 mph and crashed, killing three people.

The Innocence Project of Minnesota has now joined the case, which the prosecutor has agreed to revisit. Driver error was never proven.

A Facebook page has been created to garner attention to the case and support Mr. Lee's bid for a new trial. Right now it has 1,680 members. Check it out and become a fan, let's see how high we can get the numbers.

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New DOJ Terror Trial Stats: More Than 400 Convictions

The Department of Justice has sent a new report (pdf) about the number of terrorism-related convictions in federal courts to Senators Leahy and Sessions. It indicates that there have been more than 400 successfully completed terrorism-related cases since 9/11. The official title is: "National Security Division Statistics on Unsealed International Terrorism and Terrorism-Related Convictions 9/11/01 - 3/18/10."

(hat tip ACLU.)

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A Proud Terrorist Lawyer

Nancy Hollander has an oped in the New York Times: A Terrorist Lawyer, And Proud of It.

I hope you will read the whole thing. Here's a snippet:

Contrary to recent attacks by those who claim to be supporters of American justice, my defense of people accused of serious and sometimes horrific crimes is not an endorsement of those crimes. Rather, it is a testament to the strength of my belief in, and commitment to, the American system of justice.

Why? Because in my defense of every client, I am defending the United States Constitution and the laws and treaties to which it is bound, and I am defending the rule of law. If I am a terrorist lawyer, I also am a rule-of-law lawyer, a constitutional lawyer and a treaty lawyer.

Criminal defense lawyers represent even those considered by society to be the lowest among us. How do we do it? As I used to answer when asked how I could represent Timothy McVeigh, "With pride and dedication." As Nancy says:[More..]

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March Madness: The Sweet Sixteen Part 2

Tonight the second set of four Sweet Sixteen games will be played. Yesterday, I correctly picked Kentucky and West Virginia to beat the spread, pushed with Xavier (+5) in a 2OT loss to K-State and missed the Butler upset of Syracuse.

Tonight is Big Ten night, as 3 Big Ten teams play. As for betting propositions, I like Tennessee (+5) over Ohio State, Baylor (-5) over St. Mary's, Mich St (-1) over N. Iowa and Purdue (+9) over Duke.

This is an Open Thread.

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What Do Progressives Believe About Health Care Reform?

More good stuff from Ezra Klein:

This bill is Clintonian: It achieves liberal ends through market means, and since conservatives frequently claim they are also in favor of access to medical care, it's not even clear that near-universal coverage can properly be called a liberal end. Not to mention that it's more conservative than the Great Triangulator himself was: It doesn't resemble his reforms so much as the Republican alternative to his reforms. But Democrats haven't gotten credit for that, in part because the opposition of Republicans meant they had to keep their liberals onboard, and that cut against trumpeting the conservative structure of the legislation.

But if President Mitt Romney had proposed this bill, a substantial number among his party would have stood with him on it, and no one would have trouble identifying what was conservative within it. And, to be fair, many Democrats would have fought the legislation every step of the way.

(Emphasis supplied.) Ezra has been great since the bill passed. The unanswered question though is the one I pose in my title.

Speaking for me only

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Will Sunstein "Excite The Left" As A SCOTUS Nominee?

Glenn Greenwald:

The New York Times' Peter Baker has an article today on Obama's leading candidates to replace Stevens, in which one finds this strange passage:

The president’s base hopes he will name a full-throated champion to counter Justice Antonin Scalia, the most forceful conservative on the bench. . . . The candidates who would most excite the left include the constitutional scholars Harold Hongju Koh, Cass R. Sunstein and Pamela S. Karlan.

Glenn seems convinced "the Left" won't be excited by Sunstein. I wish I could be so sure. At this point, I suspect that may not be true.

Speaking for me only

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