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Monday :: January 09, 2012

BCS Championship Open Thread

You've all been waiting with bated breath for my pick in tonight's BCS championship game (wait, what?) featuring Alabama and LSU. I like Alabama (7 units). The line is pick.

I got some props as well - Trent Richardson to score the first TD (3/1 1 unit), Alabama QB McCarron under 15 1/2 completions (1 unit) and he throws a pick before he throws a TD (1 unit.)

Open Thread.

(19 comments) Permalink :: Comments

The Money Laundering Activities of Harold Mauricio Poveda-Ortega

BERJAYA

Update: The DEA has released a statement defending the money laundering stings.

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The New York Times details the extradition papers of Harold Mauricio Poveda-Ortega, presumably in an effort to show another example of how the DEA is involved in money laundering stings. So what else is new? If you want more details, check out the 15 page magazine article of the magazine that obtained the documents (it's in Spanish.)

What the Times doesn't mention is that Harold Mauricio Poveda-Ortega is charged in federal court with engaging in a continuing criminal enterprise under 21 USC 848, the "kingpin" statute, and facing a potential life sentence when he gets here. [More...]

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Monday Morning Open Thread

Busy.

Open Thread.

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Sunday :: January 08, 2012

TEEEEBOOOOOOWWWW!!!!

Open Thread.

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Sunday Open Thread

I've got a lot of errands to run before a big TV nite: the premiere of John Grisham's The Firm, the series finale of Desperate Housewives, the season premiere of Shameless and new episodes of Pan Am and The Good Wife.

For those of you watching football or with other things on your mind, here's an open thread, all topics welcome.

(75 comments) Permalink :: Comments

Saturday :: January 07, 2012

From Guantanamo to Provence, FR: Boumiediene Tells His Story

BERJAYA
BERJAYA

Guantanamo will turn 10 years old Wednesday -- it was January 11, 2002 that the first 20 detainees arrived. In the New York Times, Akhdar Boumediene, imprisoned there for 7 years, now living in Provence, France with his wife and children, tells his story.

Boumediene has left his mark on Supreme Court jurisprudence. In his case (opinion here), the Supreme Court ruled that those imprisoned at Gitmo are entitled to their day in court.

Petitioners have the constitutional privilege of habeas corpus. They are not barred from seeking the writ or invoking the Suspension Clause’s protections because they have been designated as enemy combatants or because of their presence at Guantanamo.

[More...]

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US Files Brief on Affordable Care Act Mandate

The Supreme Court will decide if the individual mandate of the Affordable Care Act is constitutional. The Government yesterday filed its opening brief, available here.

Under the Affordable Care act, almost every American will have to obtain health insurance by 2014 or pay a financial penalty. The question the court will decide is whether the minimum coverage provision is a valid exercise of Congress’s powers under article I of the Constitution.

Analysis is provided by Scotus Blog and legal analyst Andrew Cohen at The Atlantic.

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Saturday Open Thread

MOVE from Rick Mereki on Vimeo.

Via Mashable, check out these one minute videos of three guys traveling through 18 countries in 44 days. Move, Eat, Learn. All are pretty great, but I liked Learn the best. Terrific music too, by Kelsey James.

“Move” shows actor Andrew Lees strolling toward us in perfect sync, surrounded by a mind-boggling group of scenarios, all whizzing by so quickly you have to watch this quick clip a few times just to absorb it all.

[More...]

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NY Times Excerpts From "The Obamas"

The New York Times has excerpts from the the book, "The Obamas." The book, which will be published Tuesday, devotes many pages to the role of Michelle Obama. Shorter version: She gets frustrated with her husband's staff at times and she is Obama's biggest supporter. So what else is new?

Glenn Greenwald's takeaway:

Reading this Jodi Kantor excerpt makes one think things may have been better if Michelle Obama had been Chief of Staff:

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Lori Berenson Returns to Peru to Finish Parole

As required by Peru, Lori Berenson has returned to finish her parole. Her visit to the U.S. to see her family for the holidays will likely be her last until the end of her parole in 2015.

Angry about the court approval of her travel, the Peru legislature this week passed a bill preventing anyone convicted of terrorism from leaving the country while on parole.

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Friday :: January 06, 2012

Supreme Court Takes Drug-Sniffing Dog Case

BERJAYA

The Supreme Court has a chance to keep the Fourth Amendment from going to the dogs. Today it agreed to hear the case of Florida v. Jardines, in which it will decide whether police can use a drug-sniffing dog at the front door to a residence when they suspect the occupants of a drug offense but don't have a warrant.

The constitutional issue at stake is whether police must have probable cause — a belief that evidence of a crime will be found — before they may use a dog sniff at the front door of a suspected “grow house,” or a site where marijuana is being grown. The case grows out of a Miami police officer’s use of a drug-detecting dog, “Franky,” in December 2006 to follow up on a “crime stoppers” tip that the house was being used to grow marijuana plants.

The Florida Supreme Court ruled that police needed to have a probable cause belief in wrongdoing before they could use the dog at the home, on the premise that the drug sniff was a “search” under the Fourth Amendment.

The Florida opinion is here, the state's Petition for Cert is here, and the opposing brief is here. [More...]

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Pew Poll Finds Majority Continue to Support Death Penalty

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BERJAYA

The Pew Research Center has released a new poll on the death penalty.

62% favor the death penalty for people convicted of murder while 31% are opposed. That is generally in line with polling on the death penalty over the past several years.

Of those who responded they oppose the death penalty, 27% said it's wrong or immoral and 27% said they were concerned about wrongful convictions. In the poll 20 years ago, 41% of those opposed based their objections on moral grounds and 11% of them objected due to the potential injustice of a wrongful conviction.

The reasons for those supporting the death penalty haven't changed in 20 years: [More...]

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Friday Open Thread

Last night's open thread is about to hit 200 comments, which triggers our automatic thread closure. Here's another one so you can keep the conversation going. All topics welcome.

(130 comments) Permalink :: Comments

Federal Judge Won't Stay Subpoena for Wikileaks Users' Twitter Accounts

A federal judge in Virginia has refused to stay a federal subpoena issued to Twitter for three user accounts associated with Wikileaks. The opinion is here.

Birgitta Jonsdottir, Jacob Appelbaum and Rop Gonggrijp had asked the Court to stay the subpoena pending an appeals court challenge. A federal magistrate judge upheld the subpoenas in November.

The [Magistrate]Judge rejected the users' claims under the First Amendment and Fourth Amendment as well as their other arguments. She says there is no right of privacy in your IP address if you turn it over to a third party like Twitter. Wikileaks has said in the past it believes similar subpoenas went out to Google and Facebook.

The Government sought the subpoenas in connection with its grand jury investigation into Wikileaks. You can read the subpoena here. The judge that issued Wednesday's opinion said the three had little chance of prevailing in the appellate court. [More...]

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Joran Van der Sloot Trial Postponed Pending Decision on Confession

BERJAYA

Joran Van der Sloot didn't plead guilty today. He had intended to plead guilty, making a "sincere confession" which would allow the judge, if he accepted it, to sentence him to 1/3 below the minimum penalty for "qualified murder". He's also charged with simple theft/robbery, which carries 3 years. From my earlier post on the Peruvian statutes available here (using Google translator):

Article 161. Effect of sincere confession confession .- If, additionally, is sincere and spontaneous....the court, specifying reasons make it necessary, may reduce the penalty to prudently in a third below the legal minimum.

But after the prosecutor laid out the facts, there were some Joran disagreed with, so he asked for more time to consider his plea. The judge postponed proceedings until Wednesday, Jan. 12. [More....]

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