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Fed. Judge Rules DEA Warrantless GPS Device Invalid

The exclusionary rule is alive in Kentucky. A federal judge in Kentucky is the latest to rule the DEA cannot place a GPS device on a suspect's vehicle without a warrant. It ordered all evidence suppressed that resulted from the stop of the defendant's vehicle, including the seizure of 150 pounds of marijuana.

In this case, the DEA agents had their fishing poles out to catch Lee,” U.S. District Judge Amul R. Thapar wrote. “Admittedly, the agents did not intend to break the law. But, they installed a GPS device on Lee's car without a warrant in the hope that something might turn up.”

The judge also found that "good faith" doesn't save the DEA's action. There was no evidence apart from the search to support the charges. The defendant, who was facing a 20 year mandatory minimum due to his prior record, should be released from custody. (The feds say they will review the decision and decide whether to appeal.)

The 19 page decision is a good one. I've uploaded it here.

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33 Years for Pakistani Doctor Who Aided CIA on Bin Laden

Pakistan has sentenced Dr. Shakil Afridi, who aided the CIA in finding Osama Bin Laden to 33 years in prison. The New York Times has more here.

The CIA had asked Afridi to run a fake Hepatitis vaccine program. Details here. Leon Pannetta criticized his arrest on "60 Minutes".

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George Zimmerman: Missing From the Discovery

As Mark O'Mara reminds people on the George Zimmerman website, not all discovery has been provided. Some we will never see.

Things I'd like to know: What time did George Zimmerman leave his house? What route did he take from his house to where he parked his car? How long was he driving before he parked his car and called the non-emergency number to report Trayvon Martin? Where exactly was his car parked? What route did Trayvon take after walking close to GZ's vehicle? [More....]

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Zimmerman: Witnesses #2 and #12

The Orlando Sentinel reports that four "key witnesses" provided statements in March that differed in part from their earlier statements. The Sentinel portrays the changes as "major" and says they are potentially damaging to Zimmerman's case.

The four witnesses the Sentinel lists are witnesses W-2, W-6, W-12 and W-13. Two of them aren't "key" to anything. The other two, W-6 and W-13 are key, but neither changed the most critical elements of their accounts. W-6 didn't budge from his assertion that during the struggle he witnessed (in which someone cried out for help) Trayvon was in black and on top of Zimmerman whose shirt or jacket was red. W-13 didn't change his account of what he saw or what Zimmerman said, he just provided his perception of Zimmerman's demeanor when later asked. [More...]

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It's The Tax Policy, Stupid

In a column arguing for short term stimulus, Peter Orzag writes:

When policy makers put in place measures carefully designed to reduce the federal deficit in the future, most of them happen. This is a good thing, since enacting more stimulus today and more deficit reduction to take effect later is exactly what the U.S. needs. It’s also what makes the ongoing jobs-versus-austerity debate so frustrating. What we really need is to be bolder on both jobs and austerity, by pursuing a combination policy.

Those who are most concerned about the weak labor market should be most willing to do whatever it takes -- including combining delayed budget cuts with stimulus -- to get the most stimulus passed. And those who favor a combined approach shouldn’t be characterized (as I have been) as pro-austerity and anti-stimulus.[...] [Emphasis supplied.]

Someone hurt Peter Orzag's fee fees. A couple of points: Orzag is arguing for "maximum stimulus now." Where was he in January 2009? Second, his statement about spending cuts in the social safety net is true. But tax increases for deficit reduction NEVER survive. It's funny how to Orzag, the Clinton tax increase of 1993, the most important deficit reduction measure of the last 25 years, is not even worth a mention. Of course we know why, it undermines his argument. THAT deficit reduction measure did not hold. Taxes were cut twice during the Bush Administration. So Orzag says we should agree with him to cut spending in the future for more spending now. But what about the Bush tax cuts?

Sorry Mt. Orzag, you are pro-austerity and pro cutting the social safety net. It's what you don't write about that proves it to me - tax policy.

Speaking for me only

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The Election and the News

I generally start my day by reading the New York Times Online. Today was no different. But I looked at it from a different perspective -- what in the news today would have an effect on the election and what would that effect be?

Here''s what I found today - Egyptians vote for President in First for Arab World. What of this? Election itself a slight positive for Obama but not really important. Just part of the sheen of a perceived successful foreign policy. Facebook IPO Raises Regulatory Concerns. A story about how insiders get better information than average investors. But Facebook is sort of tied to Obama in an image way (and probably in a monied way as well.) A wash. Global Powers Resume Talks With Iran. Good for Obama, especially if Romney feels compelled to appease the neocons who want war with Iran.

But here is the news that matters politically - Stocks Fall as EU Leaders Gather In Brussels. It is in Europe where the big story is today. The adoption of the most senseless economic policy in some time - austerity in the face of economic recession, threatens the world economy. And in fact, threatens Obama's reelection. I'll explain why on the flip.

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Tuesday Night Open Thread

No verdict in the John Edwards case.

The ACLU weighs in on DEA data-mining of license plates (see our earlier post here.)

I'll put up a new thread on George Zimmerman shortly, as our last one is full.

This is an open thread, all topics welcome.

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Tuesday Morning Open Thread

How about that Cory Booker? Great surrogate for Obama ay? Prime time speaking gig at the Dem Convention you think? Wait, make that the GOP Convention.

Open Thread.

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Monday Open Thread

Dominique Strauss-Kahn faces more trouble in France.

It's a court day for me, so an open thread for you. BTD should be returning soon. All topics welcome.

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John Edwards Jury to Resume Deliberations

Update: No verdict today and the jury may still be discussing the Bunny Money.

The jury will resume deliberations in the John Edwards trial today. MSNBC has graciously provided the full transcripts of closing arguments. The Judge's final jury instructions are here. Attorney and trial watcher for MSNBC Hampton Dellinger explains the possible outcomes here.

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Sunday Night Open Thread

In case anyone here wants to talk about something besides George Zimmerman, here's an open thread, all topics welcome.

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George Zimmerman : State of the Evidence

I'm still working through the discovery in the George Zimmerman case. I have a long post I'm writing on Witnesses #6 and #13, who I think may be the most important witnesses to the criminal case.

One thing that stikes me is that police are no better than lay people as eyewitnesses. For example, in describing Trayvon Martin's clothes the night of the shooting:

  • Ofc. Ricardo Ayala, Page 14: 2/27/12, 2:28 am: Trayvon is lying in the grass, wearing a black sweater, blue jeans, white/red tennis shoes.
  • Officer Joseph Santiago, Page 16: 3/2/12: describing his participation on 2/26: Got to the scene, Trayvon was on his back, had gray sweatshirt, light colored shorts, white tennis shoes.

Trayvon had on a light grey Nike sweatshirt (ME-8) and a dark grey Fruit of the Loom hooded sweatshirt (ME-12.) (Report here. Curiously, the police reports list the sweatshirt as ME-12 and the hoodie as ME-8.) He was wearing tan pants, as is evident in the 7-11 video. [More...]

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Champions League Final

Go Chelsea!!

Open Thread.

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DEA Asks For License Plate Scanners of All Cars on Utah Highway

The next wave of Big Brother, courtesy of the DEA:

The DEA and two sheriffs are asking permission to install stationary license plate scanners on the freeway in Beaver and Washington counties. The primary purpose would be to catch or build cases against drug traffickers....

....Gary Newcomb, a supervisory IT specialist from the DEA, flew in from Virginia to testify Wednesday. He said the scanners are already in place on drug trafficking corridors in California and Texas, and the DEA is considering placing them on interstates near the Arizona cities of Kingman and Flagstaff.

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From the George Zimmerman Discovery

Our last Zimmerman thread is full. Here's a new one.

One thing I noticed in the discovery is the multiple persons who observed George Zimmeman's injuries at the scene:

Officer Stacie McCoy:

I instructed Officer T Smith to have SFR provide medical care to the subject reference visible blood on his face and to transport the subject to the SPD for everyone’s safety.

Officer Michael Wagner:

I walked to Ofc Smith's car where Zimmerman was sitting and in handcuffs and used my personal iPhone (due to an immediate lack of access to a digital camera) to take a picture of Zimmerman's face. I saw that Zimmerman’s face was bloodied and it appeared to me his nose was broken. I also saw that the back of Zimmerman’s head was bloodied.

I then walked to where Martin lay on the ground and took a photo of Martin’s face as well. I observed no physical injury to Martin

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