Attorneys for so-called "American Taliban" John Walker Lindh, who received a 20 year sentence, are requesting a review of his sentence, based upon recent disclosures that the U.S. is negotiating with, and considering releasing, so-called "enemy combatant" Yaser Hamdi. Both Lindh and Hamdi are U.S. citizens:

A lawyer for Mr. Lindh, James J. Brosnahan, said in an interview that a decision to release Mr. Hamdi should prompt discussions in the Justice Department over whether Mr. Lindh deserved similar treatment. "We're not today saying exactly what we're going to do,'' Mr. Brosnahan said, "but this is a situation in which there's an enormous disparity, and basic fairness would conclude that the department ought to take a look at this."

He said Mr. Lindh had received especially harsh treatment because of the timing of his capture, which occurred within three months of the Sept. 11 attacks. "It was sort of a ferocious reaction to him, which in human terms is understandable but in terms of fairness is not understandable," the lawyer said.

John Walker Lindh was a trophy to the Justice Department. No way should he have received 20 years. At the time, with conservatives positing he should be charged with treason and receive the death penalty or at least a life sentence, his lawyers made the best deal they could.

But Lindh's lawyers are right: His sentence should be revisited. It was imposed at a time when emotional reaction to 9/11 were at a peak. Cooler heads should prevail now, and determine a sentence that reflects Lindh's actual criminal conduct, his ability to be rehabilitated, and the need to deter others. 20 years is excessive.

Thanks to Skippy and Richard Cranium of the All Spin Zone for supporting and asking their readers to contribute a few dollars towards our trip to NY to blog live during the RNC. Especially Skippy, because he hates it when bloggers seek donations. Today he writes:

good luck and god speed to our buddy talkleft, who has bought a plane ticket to go blog the repubbb national convention! we fear for her safety. not only will she be a liberal in the midst of thousands of gopers, she's also a defense lawyer! take some mace, talkleft! or at least some garlic and a copy of al franken's book! (just kidding! she will be not actually at the convention, but at a nearby performance space with live tv coverage. though if that's the case, we wonder why she can't just stay home, tune into c-span, and pretend to be there, saving the money. who would know?)

readers of this space know how we feel about bloggers and paypal. but we wouldn't kick your dog if you sent talkleft a little scratch to defray the costs of a ny vacation.

My response, which I posted in the comments to his blog:

The trial judge in the Kobe Bryant case denied the prosecution's request for a trial delay today. Jury selection is set to begin August 27. He also denied a defense request to admit evidence of the accuser's alleged suicide attempts and alcohol, drug and medication usage--or her mental health issues.

The timing is curious. The prosecution requests a trial delay based in part on the fact that the Judge hadn't ruled on the defense request to admit the mental health and medication evidence, saying it needed more time to prepare for trial if this evidence was going to come in. The Judge was able to refute the prosecution's need for a delay by ruling the evidence couldn't come in.

The prosecution's request was a bogus one. It didn't need more time to prepare its case if this evidence came in. It would have come in through defense witnesses after the prosecution rested. The prosecution is well aware of the defense witnesses on the topic and should have been prepared to cross-examine them at trial. Or to have its own experts ready in rebuttal.

Also, the prosecution made a lame argument that releasing the one-sided transripts of the accuser's alleged post-Kobe but pre-rape exam sexual activity prejudiced its case. What the district attorney avoids mentioning is that at that hearing, it had the opportunity to cross-examine the defense expert on the issue--and chose not to--despite having two of its own experts present in the courtroom (pdf). So the reason the transcript was one-sided is because that is the strategic choice made by the prosecution.

Bump and Update: Frequent TalkLeft commenter Roger is blogging live from Orlando in the comments with a first-hand account of the hurricane. He promises to keep it up as long as he has power and internet access. He says power is intermittent right now.

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The Weather Channel and the National Weather Service are the place to be today as Hurricane Charlie hits Florida hard.

Robert X. Cringely writes a very powerful article about an important study that shows the U.S. Sentencing Guidelines, which dramatically increased federal prison sentences, don't deter crime. Before the guidelines were enacted, the Government commissioned a study. DOJ didn't like the results. They didn't pay the authors, who later lost their business. One of the study's authors later committed suicide. The other became a law professor and original member of the U.S. Sentencing Commission.

Why should we care?

...we should care because I'm told the Block and Nold study, which was intended to economically validate the proposed sentencing guidelines, instead showed that the new guidelines would actually create more crime than they would deter. More crime, more drug use, more robbery, more murder would be the result, not less. Not only that, but these guidelines would lead to entire segments of the population entering a downward economic spiral, taking away their American dream.

There is no mention anywhere of this study, which was completely buried by the DoJ under then-secretary Edwin Meese. The proposed sentencing guidelines were accepted unaltered and the world we have today is the result. We spend tens of billions per year on prisons to house people who don't contribute in any way to our economy. We tear apart the black and latino communities. The cost to society is immense, and as Block and Nold showed, unnecessary. AND THE FEDS KNEW THIS AT THE TIME.

There's lots more, go read the whole thing.

If the drug war is of interest to you, do not miss "Bush's Born-Again Drug War" over at Alternet today. It's written by Paul Armentano, the senior policy analyst for The NORML Foundation in Washington, DC..

Listen to George Walker Bush speak about substance abuse and it's apparent that one is listening to a preacher, not a president. "There are faith-based organizations in drug treatment that work so well because they convince a
person to turn their life over to Christ," Bush divulged to the religious journal Christianity Today. "By doing so, they change a person's heart [and] a person with a changed heart is less likely to be addicted to drugs and alcohol."

Despite US Constitutional restrictions requiring a separation of church and
state, Bush's ardent Judeo-Christian faith ­ the President is a practicing Methodist who "accepted Jesus Christ into [his] life" in 1986 ­ remains the staple of his administration's anti-drug platform.

Bush, the Proselytzer. Even Nixon and Reagan kept their wars on drugs secular. Who's paying for Bush's faith-based programs? You, the taxpayer. And, the article informs us, faith-based drug programs are not particularly effective:

This is good news. In response to a Freedom of Information Act lawsuit brought by the ACLU and other civil liberties groups in June, a Manhattan federal juge has given the Government 2 weeks to release documents pertaining to the torture at Abu Ghraib prison in Iraq and other other detention centers, or establish an exemption under the Act.

The U.S. government has less than two weeks to start giving civil rights groups documents about the torture of prisoners held by U.S. forces at Iraq's Abu Ghraib prison and other facilities, a federal judge ordered Thursday. U.S. District Judge Alvin Hellerstein said prosecutors must start handing over certain papers identified by the American Civil Liberties Union by Aug. 23 unless they can show the documents cannot be found or they are subject to certain exemptions.

Here's what the ACLU is seeking:

A welcome reform has been instituted for those who are not security threats but who have overstay their visa while visiting the U.S.

U.S. Customs and Border Protection Commissioner Robert Bonner said that unless they are seen as security risks, these visitors will not be handcuffed, searched or denied entry if it turns out they had stayed a few days longer than they should have on earlier visits.

The new policy affects visitors from 27 countries, the majority in Europe, where travelers to the United States are not required to have a visa for up to a 90-day stay. Bonner said the policy would grant a one-time parole to visitors from these visa-waiver countries who have previously overstayed, allowing them to remain in the United States for the duration of their trip, rather than for a night in a cell and a seat on the first flight home.

Culinary maestro Julia Child died today at 91. R.I.P. She was a legend and a pioneer.

Yesterday I asked TalkLeft's readers whether I should go to New York and blog live during the Republican convention . The responses left in the comments were overwhelmingly in favor of going. So, it's a done deal. And I am psyched. I had the best time in Boston I have had anywhere in years. Being surrounded by exuberant, self-defined and self-assured kids who so graciously accepted me into their fold. I was in heaven.

The plane ticket has been purchased. Blogger status and wi-fi at The Tank--the performance art space near the Garden that has graciously agreed to host progressive bloggers and provide wi-fi and internet access-- and where the RNC events will be displayed live on a big screen--has been arranged for. It will also serve as a clearing house for protest activities.

The real story for TalkLeft will be the action in the streets--the protesters, the security, the riot police and their attitudes. I'll have my digital camera, tape recorder , ipod and laptop. I have recruited two volunteers so far to capture the images on the streets, so TalkLeft can upload and bring them to you as they are happening.

Do I need help to do this? Yes, it's not cheap to spend a week in New York City--and it means losing another week at work. But, it will cost less than Boston, mainly because being a Native New Yorker and still frequent visitor, I know my way around. If you're in a position to assist, you can do so here via PayPal. If you'd like to donate anonymously, use Amazon. Both are secure. Many, many thanks.

If you need further convincing, read on:

From the American Constitution Society Blog on what happens when medical marijuana collides with federalism:

Last December, the Ninth Circuit held in Ashcroft v. Raich that federal anti-drug laws do not apply to locally cultivated cannabis. Their decision, which is now under review by the Supreme Court, effectively decriminalizes medical marijuana use in California, so long as that use complies with that state's Compassionate Use Act. Some conservative activists immediately condemned the decision as another example of liberal judicial activism from a court that's been "overturned more times than pancakes at IHOP." In truth, however, the odd thing about Raich isn't its activism, but instead its rigid compliance with prior Supreme Court precedent.

Matt Stoller at Blogging of the President:

This Is Rumor Control, a new web site composed of various intelligence analysts and journalists, is reporting that Iran has decided to confront US forces in Iraq. I hope this is not true, but based on the recent murmurings on Iran on the talk shows and rumors from military people, I'm not dismissing it.

The Guardian reports:

The US charge sheet against Iran is lengthening almost by the day, presaging destabilising confrontations this autumn and maybe a pre-election October surprise. The Bush administration is piling on the pressure over Iran's alleged nuclear weapons programme. It maintains Tehran's decision to resume building uranium centrifuges wrecked a long-running EU-led dialogue and is proof of bad faith. The US will ask a meeting of the International Atomic Energy Agency on September 13 to declare Iran in breach of the nuclear non-proliferation treaty, a prelude to seeking punitive UN sanctions.

Don't you just love when the media takes a stand....for one of their own? New York Times Reporter Judith Miller has been subpoenaed to the grand jury investigating the leak of former CIA operative Valerie Plame's identity. The grand jury wants to know who is responsible for the leak, and whether reports are true that the offending parties are senior Bush Administration officials. Here's the Times' response:

"We regret that the special prosecutor has chosen to issue a subpoena that seeks to compel Judy Miller to reveal her confidential sources," Mr. Sulzberger said. "Journalists should not have to face the prospect of imprisonment for doing nothing more than aggressively seeking to report on the government's actions. Such subpoenas make it less likely that sources will be willing to talk candidly with reporters and ultimately it is the public that suffers.''

Lawyers for The Times said the paper expected that it would be served a separate subpoena for its records. They said the paper would fight that subpoena, too.

N. J. Governor James McGreevey resigned today, saying, "I am a gay American." Here's the text of his statement. Wonkette comments:

This was the speech of the year. The most high profile outing, well, ever, and McGreevey handled it with grace and dignity. He sort of makes me want to go gay, too. We hope that someday it won't mean much to go on national television and announce, "I am a gay American." Someday, we hope that kind of announcement comes at the beginning of someone's political career, not the end.

Wonkette rocks updates. For more on McGreevey's political leanings, Addiestan has the text of McGreevey's speech at the Stonewall Democrats Luncheon on the last day of the DNC and asks if he tipped his hand? Addie says of yesterday's announcement:

I agree with Eric Alterman. John Kerry is doing a poor job in explaining his position on the war in Iraq. Here's what Eric says Kerry should be telling us:

• 1. President Bush misled the country and the Congress into war and has conducted it incompetently.
• 2. The war also turns out to have been a dangerous diversion in the war against terrorism.
• 3. Even though we were misled, and even though we would be better off working with our (former?) allies to conduct a truly effective global war against terrorism, in Afghanistan and at home, we have no choice but to try to clean up this mess we’ve created.
• 4. But we should try and do so as quickly, inexpensively and painlessly as possible, so we can begin to repair some of the damage that’s been done to our nation’s reputation and get on with the business of defending the nation with the help and cooperation of our allies, as well as freeing up the resources we need to protect our homeland.

Kerry's recent pronouncements sound like an endorsement of Bush's policy and an after-the-fact justification for his earlier vote in favor of going to war. He's falling into a Bush trap by trying at all costs not to appear that he's "flip-flopped." In doing so, he's not making sense, which is far worse than acknowledging an honest change of heart based upon previous misinformation supplied by the Bush administration.

Kerry staffers, are you listening?

The prosecution is wringing every last drop of crud out of the Amber Frey-Scott Peterson tapes--playing them to the jury in their entirety. Some have strange coincidences--like Scott Peterson saying his favorite movie was The Shining (in which a man unsuccessfully tries to kill his wife and son). Most show a guy who was more interested in some side action than worrying about his missing pregnant wife. He was so intent on preserving the liasion with Amber that he lied to her about everything under the sun. But he also hesitated a nanosecond at times when discussing their future together.

They met in a bar on a blind date. Two dates later she gives him keys to her house and lets him pick up her toddler at day care. Three dates later, they're discussing plans to be together permanently. Something is wrong with this picture, and it's not just Scott Peterson's duplicity.

The tapes are titillating, nothing more. Everyone knew before the trial began that Scott Peterson was a lying philanderer. Does that make him a murderer? Hardly. Nonetheless, he will be one of the most vilified men in America when this trial is over, even if he is acquitted

Don't forget that you are hearing only the prosecution's evidence. The defense likely will have some pretty big aces up its sleeve when it gets its turn. In the meantime, all Geragos and team can do is maintain composure and act like this is all old hat and nothing new. The defense acknowledged that Scott lied to Amber during opening statement. While hearing the words will leave an emotional impact on some of the jurors, others are bound to question Amber's lack of judgment and wonder about this single mother who jumped into a relationship with a virtual stranger so fast and so obsessively. The tapes may be a wash in the end.

More details of Amber's testimony and the tapes here.

Say hello to the Deadline Blog--by the creators of the acclaimed death penalty documentary Deadline. From the about page:

Welcome to Deadline’s official blog! As you might not know, a film like ours getting such a large broadcast is a huge opportunity for us (and the documentary film world at large). We are launching an ambitious outreach campaign and learning as we go. Here we’ll chronicle some of the highlights of the ride we’ve all been on. The writers are either the filmmakers themselves, or have been officially invited to post entries. Some upcoming guest bloggers include Diann Rust-Tierney from the ACLU and Governor Ryan himself so check back often. In addition, daily, we will have an open thread where you can ask questions, talk to us (and one another) and most importantly keep the dialogue going about what is going on in the criminal justice system in the United States. We hope you enjoy it!

Unbelievable. Robert Carroll Coney is now 76. A judge has vacated his conviction, finding that his confession was forced by cops who broke his hand. He was released today after serving a whopping 41 years in jail. And he's not bitter.

A 76-year-old prisoner walked out of jail, a free man for the first time in 41 years, after a judge dismissed the conviction against him. Robert Carroll Coney, convicted of a 1962 robbery, exhibited a surprising lack of bitterness as he left Angelina County Jail with his wife on Tuesday. "I'm going to try to pick up the pieces," Coney told the Lufkin Daily News in Wednesday's editions. "If I was angry, what could I do about it?"

Coney said his identity had been confused with a man he had carpooled with through Lufkin on the day of the crime: March 7, 1962. Court documents state Coney falsely confessed to the crime after Angelina County deputies broke his hand, the Daily News reported. State District Judge David Wilson, who dismissed Coney's charges, investigated the case and found that then-Angelina County Sheriff Leon Jones and his deputies used physical force to extract confessions, often crushing prisoners' fingers between jail cell bars. (emphasis supplied.)

A great space has been made available for progressive bloggers to blog the Republican Convention live from New York. I had intended to pass. Now I'm having second thoughts. Covering the convention, the protests, the security measures and the extent to which New York is accomodating the Bush Administration vs. the protesters, is becoming an irresistable draw.

Add to the equation that the TL Kid is in New York and that he has offered to volunteer his computer skills and services to the blogging space and bloggers--I'm seriously thinking of joining the group.

Let me know what you think. Can TalkLeft can provide more valuable or insightful coverage blogging from Colorado while watching the mainstream media coverage on cable news? It certainly would be less taxing, both in dollars and physical exertion. Or should it jump into the fray and take a stab at covering that which the mainstream media may just gloss over?

The Judge in the criminal case pending against former Illinois Governor George Ryan today issued an opinion denying Ryan and a co-defendant's motion to dismiss the charges.

The charges against Ryan are part of a federal investigation that began by focusing on bribes paid for commercial driver's licenses and branched into political corruption. Charges have been filed against more than 70 state employees or others, and more than 60 have been convicted or have pleaded guilty. Ryan, a Republican, was secretary of state - the official whose office handles motor vehicle licenses - from 1991 to 1999 and governor from 1999 to 2003. He gained nationwide attention as governor for his actions against the death penalty.

Ryan is charged with " racketeering conspiracy, mail fraud, tax fraud, filing false tax returns and making false statements. " The Judge also denied Ryan's request for a separate trial.

Update: The Guardian has news of the latest police strategies for handling protesters.

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Slate's Dahlia Lithwick is a guest columnist this month for the New York Times. Today she tackles planned restrictions of protesters at the RNC in New York.

So it has come down to this: You are at liberty to exercise your First Amendment right to assemble and to protest, so long as you do so from behind chain-link fences and razor wire, or miles from the audience you seek to address.

The largely ignored "free-speech zone" at the Democratic convention in Boston last month was an affront to the spirit of the Constitution. The situation will be only slightly better when the Republicans gather this month in New York, where indiscriminate searches and the use of glorified veal cages for protesters have been limited by a federal judge. So far, the only protesters with access to the area next to Madison Square Garden are some anti-abortion Christians. High-fiving delegates evidently fosters little risk of violence.

Where, Dahlia asks, is the connection between protesters and terrorists? Nowhere, except in the minds of Bush and Ashcroft:

Wilton Dedge walked out of the Broward County Jail today, 22 years after being wrongfully convicted of rape. The reasons for his wrongful conviction: faulty eye-witness testimony and the testimony of a "notorious jailhouse snitch." The reason for his freedom: DNA testing proved his innocence:

A man who served 22 years in prison for rape was freed early Thursday after DNA evidence proved he was not the attacker. Wilton A. Dedge, 42, walked out of the Brevard County Jail with his parents just hours after the test results, which had been ordered last month by a judge. The state Legislature in 2001 passed a law that allowed DNA retesting in older cases.

There should be no time limits to obtaining DNA testing.

A Judge has had a motion to dismiss the convictions in the Ashcroft-heralded Detroit Terror trials under advisement for months. Prosecutorial misconduct is one issue. Now there's another:

The Bush administration's already troubled case against an accused terror cell in Detroit is being dealt another blow with revelations that a witness came forward after the trial to undercut a key piece of video evidence presented to jurors.
Lawyers and Justice Department officials said Wednesday night that a man shown in a videotape of landmarks in New York, Las Vegas and California has told investigators the tape was an amateur film and not surveillance as prosecutors portrayed at the trial of four suspected terrorists.

The witness interview was conducted in January, months after the trial in Detroit ended, and was turned over this summer to defense lawyers. It could deal a significant blow to the Bush administration's first major terror prosecution since the attacks of Sept. 11, 2001.

Here's a recap of the previously known problems with the case which are under investigation by the Justice Department:

Nathan Rudy is running for Freeholder in Somerset, New Jersey. He's doing some fundraising, if you can help him, please do.

The Rudy for Freeholder campaign is holding a fundraising drive called "A Thousand Fifties" where we are asking for a thousand people to donate just fifty dollars in the fifty days from August 11 to September 30, 2004. It follows the theme of our volunteer efforts that no one can do everything but everyone can do something.

Here are some of his positions on issues.