Senators Patrick Leahy, Charles Grassley and Arlen Spector have called for an FBI inquiry over the use of informants in the Katrina Leung case.

If even a portion of the allegations raised in the public affidavit are true, we cannot afford to wait until yet another breach of national security occurs before we work with the FBI to improve security and the handling of confidential informants," said a letter signed by Sens. Patrick Leahy, D-Vt.; Charles Grassley, R-Iowa; and Arlen Specter, R-Pa.

Attorney General Ashcroft also comes under fire for his revised FBI informant guidelines that went into effect in May, 2002.

The senators' letter notes that Attorney General John Ashcroft, on May 30 of last year, issued a 34-page revision to the confidential informant guidelines used by FBI agents and other federal law enforcement officials.

The revisions were intended to improve the gathering of intelligence from human sources, especially in terrorism investigations following the Sept. 11 attacks. Some rules were relaxed, such as how soon an agent must inform superiors in writing about recruitment of a new source.

There may be "a need to revisit those decisions" in light of the Los Angeles spy case, the senators said."

Here is a description of the relaxed rules.

We are pretty shocked by the announcement this afternoon that the District Attorney in Stanislaus County will seek the death penalty for Scott Peterson.

We heard the D.A. say just a few days ago he would provide Scott's lawyers an opportunity to confer with his death penalty committee before making the decision.

Allowing the defense to confer with the committee is standard practice. It's law in the federal system. Scott's lawyers have been on the case for five days. They haven't seen the evidence against Scott and they certainly haven't had time to gather mitigating evidence.

This is a move to (a) make sure Scott doesn't get bond at his bond hearing May 6, (2) avoid a change of venue to a more liberal California county that doesn't pursue the death penalty and (3) further prejudice the potential jury pool by reinforcing the negative portrayal of Scott.

Yes, the crime was heinous, but justice requires that the history and character of the defendant be part of the decision process. Scott is 30 years old with no prior record. We doubt the prosecution has evidence that this was a planned killing.

In fact, we haven't heard one bit of evidence that directly links Scott to the crime. The D.A. says they don't have a definitive crime scene--they can't say for sure where the killing took place. No cause of death has been determined. No forensic evidence results have been acknowledged.

This decision is premature. They are jumping to a conclusion that Scott deserves death, the same way they jumped to the conclusion that he killed his wife with premeditation.

We'll be debating these issues Sunday on Fox News, at 11:30 a.m., EST.

Thomas Coleman, the Tulia, Texas cop largely responsible for the convictions and accusations against one-tenth of the African-American residents of that town in a drug case has been indicted for perjury.

Jeff Blackburn, a lawyer in Amarillo who has represented several of the defendants, said of Mr. Coleman's indictment: "Swisher County is now busy trying to make it seem like they're fine, upstanding people who respect the law. This still doesn't change the fact that there are people in prison out there chopping cotton in the sun because of Tom Coleman." Thirteen of those arrested are still in prison, and only one of the 38 convictions has previously been thrown out. The 37 others will remain unless the appeals court, known for a conservative voting history, decides to overturn them.

Coleman's indictment is related to his alleged lying about events connected to his having been previously charged with stealing county gasoline in a hearing ordered by the Texas Court of Criminal Appeals concerning the Tulia convictions.

"This is about perjury, not about $70 worth of stolen gasoline or racism," Roderique S. Hobson Jr. of Lubbock, the special prosecutor who obtained the indictment, said in an interview. "This basically undermines the confidence of the convictions in this sweep."

Couldn't happen to a nicer guy.

Suspect John Muhammed in the sniper case did not fare well in court today. The Judge ruled that prosecutors don't necessarily have to prove who fired at the victim to get the death penalty.

A judge in the sniper shootings case said Thursday prosecutors will not necessarily have to prove that John Allen Muhammad fired the shot that killed a Maryland man for Muhammad to get the death penalty. Prince William County Circuit Judge LeRoy F. Millette Jr. also ruled that prosecutors do not have to disclose to defense attorneys their theory about whether Muhammad or fellow sniper suspect Lee Boyd Malvo fired the shot. Prosecutors agreed to provide only the barest of the additional information sought by defense attorneys.

Muhammed's lawyers say Malvo was the triggerman and want to argue that is a defense to the death penalty charge based on multiple homicides.

The triggerman issue is an important one. Muhammad, like Malvo, is charged with capital murder under two distinct sections of Virginia law. One section, a new anti-terrorism statute passed after Sept. 11, allows the death penalty even if Muhammad didn't pull the trigger. But that law is untested, and some legal scholars have questioned its constitutionality. The other death-penalty provision relates to multiple murders. While the constitutionality of that law is generally unquestioned, it typically allows only the triggerman to receive the death penalty. Prince William County Commonwealth's Attorney Paul Ebert has said, however, that it is possible for Muhammad to get the death penalty under that section of law even if he didn't pull the trigger.

The judge also ruled against Muhammed in his quest to determine who leaked damaging information about Malvo's post-arrest statements to the Washington Post.

Millette also sided with the Post in quashing subpoenas to police and four reporters who have broken stories in the investigation. Prosecutors filed a motion Wednesday opposing efforts by Muhammad's lawyers asking a judge to investigate the source of leaks by police to the Post. And lawyers for the Post filed a motion seeking to quash subpoenas issued to four of the reporters who have used leaked material in their reporting -- Tom Jackman, Josh White, Maria Glod and Sari Horwitz.

A hearing on information leaks in the D.C. sniper case will be held tomorrow. Lawyers for defendant John Muhammed have subpoenaed "four Washington Post reporters, two FBI agents and three police officers to appear at the hearing." The Judge issued a gag order against police last December, specifically prohibiting disclosure of the type of information published in the Post.

"We don't intend to ask the reporters to reveal their sources," co-counsel Jonathan Shapiro said. Defense attorneys want the reporters to "verify what they reported is accurate," he said. The Washington Post has moved to quash the subpoenas.

The Case for Scott Peterson: Why a murder conviction is not a slam dunk

CNN reports that Peterson's legal team is now in place. Three public defenders have been assigned to his case.

The Associated Press is reporting that the D.A. in the Laci Peterson case is likely to seek the death penalty against Scott Peterson.

We doubt the decision will be made today. Hopefully, the prosecutors will meet with defense counsel and allow them an opportunity to argue against the death penalty prior to deciding.

We also wonder how Scott Peterson is going to afford a death penalty defense. Will he end up with appointed counsel? Whoever represents him must assemble a team of experts....from DNA to death penalty mitigation specialists, to jury consultants and lots more.

The taxpayers of California and Stanislaus County, as well as whatever county the trial is moved to, should a change of venue be granted, will pay dearly-- according to one California sherriff, it takes $500,000 just for law enforcement expenses. By the time appeals are over, it's more likely to approach $2 million.

A 1993 study from California found that each death penalty case cost at least $1.25 million more than a regular murder case and a sentence of life without. (South Bend Tribune, June 2, 2002)

We think it would be far preferable for the money to be used for schools, hospitals, public safety and jobs--or to help the families of murder victims, through counseling or financial help. We urge California residents to contact the District Attorney's office and ask them to seek life without as the maximum penalty for Scott Peterson.

Stanislaus County District Attorney 800 11th Street, Room 200
Modesto, California 95354
Telephone: (209) 525-5550
Fax: (209)525-5545
email: adultcrimes@stanislaus-da.org

Atrios writes on The Spinning of Leung in today's New York Press.

The truth is that Leung is a well-known Republican party activist and fundraiser. If any Gore-related investigations were compromised by her involvement with former FBI agent Smith, it is likely that any disinformation she provided was designed to hurt, and not to help, him. Years later, the media's desire to justify their overblown coverage of Gore fundraising irregularities leads them to spin any story against him. It stands in sharp contrast to their quiet coverage of numerous campaign finance illegalities, including donations from Chinese sources, of the '96 Dole presidential run, and the fact that the Federal Election Commission auditors had determined that the Dole campaign took in over twice as much in illegal contributions than did Clinton and Gore.

One of TalkLeft's highly regarded readers is concerned about the connection between Leung and the Republican party and believes the press is conveniently overlooking the import.

Leung was also active in Republican party politics and the connection between the two troubles me. I'm hesitant about reading more into stuff than may be there, but this seems very strange. When the story came out, I googled her name and came up the fact that she was:

1. An "old Friend" of William Simon, "Republican candidate for Governor
of California,"

2. A donater to Richard Riordan's campaign for Governor in her role as
"Secretary" of National Association of Chinese Americans, (apparently,
she also travelled with him to China)

3. A contributer as an individual at the "Benefactor" level (the highest level, I think) to The National Committee on United States-China Relations which includes Gerald Ford, Robert S. Macnamara, David Gergen, and Tom Kean amongst its many luminaries. These are, of course, major players in both parties but primarily Republican.

Newsweek's Michael Isakoff reports reports that Katrina Leung was instrumental in the Justice Department's 1996 investigation into campaign contributions to then President Clinton and Vice President Gore. She was supposed to be an agent for the U.S, trying to lure a large Chinese contributor back to the U.S. Now, there are doubts--was she compromising the campaign financing investigation and actually working to protect the Chinese contributor?

Another dimension to the case involves FBI Agent Smith, Leung's handler and lover. It turns out Smith was also the agent in charge of debriefing and maintaining contact with Johnny Chung, a key figure in the 1996 campaign fund-raising scandal who cooperated in the Justice Department's probe after pleading guilty to tax evasion and violations of campaign finance laws.

Time Magazine has an exclusive interview with Scott Peterson's parents in which they not only stand behind their son, but insist he is innocent.

We're just very critical of the way the Modesto police has handled this investigation. They worked strictly on a theory that was dreamt up by this lead detective within the first eight hours, and they've pursued it backward from there and they have neglected so many good leads. Chief (Roy) Wasden made a comment during his news conference that on the evening before Christmas Eve, Laci's mother had spoken to Laci at 8:15 and that's the last time anyone saw Laci. Not true. There are several people who saw Laci.

The Washington Post has a detailed profile of FBI Agent James J. Smith, now charged with Katrina Leung in a sordid espionage case. If you haven't been following the case, here are the essential details:

In court documents, federal prosecutors allege that Smith and Leung, who were both arrested here this month, had been having an extramarital affair for almost as long as she had been providing the FBI intelligence on the Chinese government. Prosecutors are accusing Leung of being a double agent, supplying Smith with information at the same time she was giving the Chinese copies of classified FBI documents that he blithely left unguarded in her presence. Smith, 59, has been charged with gross negligence on the job and is free on $250,000 bond. Leung, 49, has been charged with illegally obtaining classified documents for the purpose of aiding a foreign power and is jailed; a federal magistrate last week refused to release her on bail. Prosecutors say Leung may have provided Chinese officials with confidential details on FBI personnel, a range of secret intelligence cases and spying tactics that agents and their informants use. Leung's attorneys have denied the charges, and say she has made "heroic contributions" to the United States.

Smith retired three years ago after a long career as a respected and dedicated agent. Ten years ago, court documents show that another FBI Agent, since identified as William Cleveland Jr., also was having an affair with Leung and told Smith he suspected Leung was a double agent. Smith did nothing about it and continued to give Leung information. Cleveland has since been stripped of his security clearance and resigned his counterintelligence post at Lawrence Livermore National Laboratory.

The New York Times Sunday has a lengthy article on FBI problems with informants, and reports the biggest problems may occur when the agent and informant get too close, sexually or financially.

Leung's family issued a statement today.

Ms. Leung's family, in its first public comments, said in a statement released today that she had spent two decades "doing what the F.B.I. wanted," putting herself in great personal danger. The family said she was now being targeted in part because she is a Chinese-American woman. "When Katrina can present the full story, you will know she has been abused and smeared by the F.B.I., she is a loyal and patriotic American and she is innocent of any crimes against America," the statement said.

Does this sound like someone about to flee? CNN reports Saturday,

Scott Peterson is under arrest and locked up a few blocks away from here at the Stanislaus County jail. He was picked up yesterday by Modesto police in San Diego. They had been following him around for ... days using some different technology. The attorney general is saying they had a bug on his car so they would know exactly where he was going. A couple of times, he even got out and came back and spoke to detectives and said basically, "Why don't you go ahead and arrest me?" They finally did yesterday afternoon.

Here's our initial post on the DNA confirmation of the remains and Peterson's arrest.