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Sens. Herb Kohl (D-Wis.) and Sheldon Whitehouse (D-R.I.) have written to Attorney General Eric Holder protesting the DEA crackdown on pain medicine prescriptions. Pharmacies, nursing home administrators and geriatric experts agree with them. They are asking Holder to revise DEA policies on prescribing meds like percocet and morphine, and to seek a legislative change.

The DEA has sought to prevent drug theft and abuse by staff members in nursing homes, requiring signatures from doctors and an extra layer of approvals when certain pain drugs are ordered for sick patients.

The law, however, "fails to recognize how prescribing practitioners and the nurses who work for long-term care facilities and hospice programs actually order prescription medications," Kohl and Whitehouse write. They conclude that delays can lead to "adverse health outcomes and unnecessary rehospitalizations, not to mention needless suffering."

[More...]

Dewey Bozella was convicted twice of a brutal murder. He served 26 years. His conviction was overturned yesterday and he was immediately freed. DNA evidence did not play a role. What convicted him:

The prosecution relied almost entirely on the testimony of two men with criminal histories, both of whom repeatedly changed their stories and both of whom got favorable treatment in their own cases in exchange for their testimony.

What freed him: A retired police officer who had saved his file, "who said it was the only one he kept after retirement, figuring that the conviction was so problematic lawyers might want it someday." In the file was evidence the prosecution had failed to turn over to the defense. [More...]

Former NY Police Commissioner Bernard Kerik will remain at the Valhalla County jail pending his trial on tax fraud and corruption charges. The Second Circuit Court of Appeals heard oral arguments in his appeal of the trial court's revocation of his bond yesterday afternoon, and then issued its ruling. His trial has been reset for November 9.

His lawyers argued that the lawyer to whom Kerik sent a non-public pleading they were intending to file that contained information received in discovery was entitled to receive it:

Michael F. Bachner, one of Mr. Kerik’s lawyers, argued that Mr. Kerik should have been allowed to send documents to Mr. [Anthony] Modafferi because he was an adviser who wrote legal memorandums and offered advice on the coming criminal trial.

In court, Judge Raggi sounded skeptical about that argument and appeared to side with Judge Robinson, who had said that Mr. Kerik attempted to obstruct the jury selection process when he sent the documents to Mr. Modafferi. “I’m not sure how we would find clear errors in Judge Robinson’s articulated concerns,” Judge Raggi said.

The order is here (pdf).

President Obama signed the National Defense Authorization Act (NDAA)into law today. While it contains improvements to trial by military commission, the procedures are still flawed and should have been scrapped in favor of federal criminal trials. From the ACLU:

The NDAA makes improvements to the military commissions but fails to bring those tribunals in line with the U.S. Constitution and international law under the Geneva Conventions. It continues to apply the military commissions to a much broader group of individuals than should be tried before them under the Constitution and the Geneva Conventions and does not prohibit military commission trials of children. The new law does, however, for the first time require experienced capital defense attorneys in death penalty cases, authorize more resources for defense counsel, impose new limitations on the use of hearsay and coerced testimony and afford greater access to witnesses and evidence for defendants.

The ACLU firmly believes that the military commissions should be shut down for good as they remain a second class system of justice that cannot shed the shameful legacy of Guantánamo and all it stands for, rendering their results open to question.

The Center for Constitutional Rights issued an even stronger critique: [More...]

Via Jon Walker, Evan Bayh:

If the people [who] want the public option in its fullest form are just adamant about that they can always just get that with fifty votes.

Bayh opposes all forms of a public option. So when he says that, he is laughing in the face of President Obama, Speaker Pelosi and Senate Leader Reid.

When Evan Bayh is calling you a wimp, you know that you are weak.

Speaking for me only

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Via dougj, sardine:

The reality is this debate really isn’t about politics, it’s about health care. It’s not left or right, it’s about all of us. People need help. They can’t afford their health care bills. People are dying. The crazy health care expenses are hurting businesses. Please don’t turn your back on these people. If you join with the Republicans and block health care reform, you’re basically saying to the American people – go f*ck yourselves.

I want to expand this plea to the people who can decide they do not have to depend on Ben Nelson, Mary Landrieu or Blanche Lincoln. They are President Obama, Senate Majority Leader Reid and Speaker Pelosi. They know they can pass a bill via reconciliation. Of course they prefer not to. But they MUST let the players know they will if they are forced to. And they need to let people know NOW. This is not a game.

Speaking for me only

This so should be a snow day for me. It's been snowing since midnight and anyone with any sense would be home watching it fall outside the window with a fire going, or at least inside a warm office. Not me though, I have to drive to the jail where I'll be most of the day.

Here's an open thread for you, all topics welcome.

And thank the Gawds for that.

The World Series starts tonight. The New York Yankees, the most famous sports franchise in the United States, returns to the Fall Classic for the first time since losing to the Florida Marlins in 2003.

The Yankees' history in the World Series is long and unprecedented. Since the original AL franchise Baltimore Orioles moved to New York to become the Highlanders (at the urging of then AL President Ban Johnson) in 1903 (the "Highlanders" became the "Yankees" in 1913, the same year the famous interlocking NY became the team logo), the Yankees have participated in 40 World Series and won 26 of them, both records that are unparallelled. More . . .

California legislators are holding a hearing today on legalizing and taxing marijuana for personal use. Should they decide against it, voters may still get the final word: three initiatives are expected to garner the necessary amount of signatures to make it to the ballot.

Tax officials estimate the legislation could bring the struggling state about $1.4 billion a year, and though the bill’s fate in the Legislature is uncertain, Gov. Arnold Schwarzenegger, a Republican, has indicated he would be open to a “robust debate” on the issue.

What are the chances? [More...]

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