The Government continues to put on witnesses describing the tawdry affair of John Edwards and Rielle Hunter. Yesterday witnesses focused on the effect of the affair on Elizabeth Edwards. While an aide also testified to Edwards' first meeting with Bunny Mellon in 2005, Edwards isn't charged with receiving illegal contributions until 2007.

What was the purpose of detailing Elizabeth Edwards' humiliating moments in a parking lot, at an airport, and in a car en route to the airport? Is the Government accomplishing anything by this intense focus on the affair and strife in the Edwards' marriage other than decimating the character of John Edwards? If so, what? [More...]

Bump and Update: Mr. Chong has filed a a notice of his intent to sue and claim with the DEA (a prerequisite to filing a lawsuit under The Federal Tort Claims Act) seeking up to $20 million in damages. You can read it here. The DEA has issued an apology, and promised a thorough review.

In addition to traditional tort claims, his notice alleges torture in violation of the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 and Convention Against Torture. The FTCA (28 USC 2675) allows recovery for pain and suffering, psychiatric and medical expenses, etc.

The actions of the officers give rise to the following causes of actions among others: intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, and a Bivens cause of action for violation of Daniel Chong's rights under the Fourth and the Fifth Amendments for excessive force, unreasonable detention and unlawful seizure of his person.

The 9th Circuit Court of Appeals has reversed a district court ruling that the lawsuit filed by former detainee Jose Padilla can proceed against Bush Administration official John Yoo, who authored the infamous torture memos.

The memos authorized CIA interrogators to use waterboarding, keep detainees naked, hold them in painful standing positions and keep them in the cold for long periods of time. Other techniques included depriving them of solid food and slapping them. Sleep deprivation, prolonged shackling and threats to a detainee’s family were also used.

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On March 31, the Miami Herald touted its own reporting in the Trayvon Martin case as an example of fact-based and neutral journalism, highlighting the work of reporter Frances Robles as an example.

As new details emerge, we work hard not only to get the information right but to put it in the proper context of our overall coverage.

I think it failed today. First, Frances Robles published an article about a "crude" 2005 My Space page belonging to George Zimmerman which included unflattering comments about "Mexicans." Then she followed up with a second article that includes a response to her first article by Martin family lawyer Benjamin Crump. Crump is quoted as saying Zimmerman's My Space page is further evidence of Zimmerman's racism, his pattern of profiling, and even of his ill will and malice (which not so coincidentally is the necessary mental state for second degree murder.) [More...]

Boston Globe:

Junior Seau, a 43-year old 12-time NFL Pro Bowl linebacker, was found dead today in his home, the result of a gunshot wound, police confirmed. Police are investigating the shooting at the Oceanside, Calif., residence of the former New England Patriot and San Diego Chargers football star as a suicide. Police confirmed that Seau was found by his girlfriend at his beachfront home with a gunshot wound to his chest.

While the article references the suicide of Dave Duerson, regular readers know that I was a high school teammate of Andre Waters, the former Eagle, who also took his own life. The implications of an NFL career are believed to be related.

Condolences to the Seau family, and some hard thinking about professional football is in order.

Whoops. Yesterday Andrew Pettitte testified at Roger Clemens perjury trial that "Roger had mentioned to me that he had taken HGH."

Today, on cross-examination, he said he may have misheard Clemens.

Asked by Clemens' lawyer if it was fair to say it was "50-50" that Pettitte misunderstood the conversation from about a dozen years ago, Pettitte responded, "I'd say that's fair."

Isn't that exactly what Clemens told Congress -- that Pettitte "misremembers" their conversation?

Newsday reporter Jim Baumbach is in court and has a running account on Twitter of the testimony and objections. Baumbach writes the prosecutor didn't follow up on Pettitte's comment on redirect (which surprised the judge) and Clemens' lawyers will be filing a motion to strike Pettitte's testimony.

The Government's next witness after Cheri Young is expected to be former Edwards aide Josh Brumburger. Brumburger was with Edwards at the Regency when Rielle Hunter came over to introduce herself. Brumberger was wary of Rielle and expressed his concerns to Edwards. Ultimately, Edwards fired Brumberger.

You can read the supposed backstory in this lengthy excerpt from Game Change by Josh Heilemann and Mark Helperin.

From the Government's Exhibit list, it appears the Government will introduce e-mails between Brumberger and Edwards staff members and two e-mails between Brumberger and Rielle Hunter regarding Russell Simmons. Also, Brumberger sent an email to someone on May 10, 2006 about "Bunny said no on plane." [More...]

NYT book review of Caro's new LBJ book:

Southern Democrats were masters at bottling up legislation they hated, particularly bills expanding civil rights for black Americans. Their skills at obstruction were so admired that the newly sworn-in Johnson was firmly counseled by an ally against using the political capital he’d inherited as a result of the assassination on such a hopeless cause.

According to Caro, Johnson responded, “Well, what the hell’s the presidency for?” This is the question every president must ask and answer.

The reviewer is William Jefferson Clinton, the 42nd President of the United States.

A judge in New York has refused to dismiss the civil lawsuit filed against Dominique Strauss-Kahn by Nafissatou Diallo, the housekeeper at the Sofitel who alleges he sexually assaulted her. Strauss-Kahn raised the defense of diplomatic immunity.

In his decision, Justice McKeon quoted from a monetary fund document advising its officials that they enjoy immunity from the judicial process only in respect to their official duties.

The judge added that even that limited immunity expired with Mr. Strauss-Kahn’s resignation. The decision also noted that Mr. Strauss-Kahn chose not to raise immunity during his criminal proceedings because he wanted to clear his name.

Prediction: This case will now settle for an undisclosed sum of money. [More...]

Adis Medunjanian, a U.S. citizen, was convicted by a New York federal court jury yesterday of plotting to attack the New York subway system with two of his high school classmates, Najibullah Zazi and Zarein Ahmedzay. Zazi and Ahmedzay had pleaded guilty earlier and testified against Medunjanian in exchange for a lesser sentence.

Medunjanian, originally from Bosnia, emigrated here with his family. His mother and sister, a nurse, testified on his behalf at trial.

The plot began after the defendant, Adis Medunjanin, a naturalized citizen born in Bosnia, went to Pakistan with two friends from high school with the intention of fighting American troops in Afghanistan. The two friends testified that they were instead recruited to attend a Qaeda training camp, where they were told they would be far more valuable to their cause by returning to the United States to carry out an act of terrorism.

Judge Kenneth Lester has issued a written order on the motion brought last week by the state for a gag order. Judge Lester says the lawyers for the parties (the state and Mr. Zimmerman) have acted with the utmost professionalism and no gag order on them is warranted.

He then reminds lawyers "connected to" the case and "their agents" that they are also subject to Florida ethical rules for lawyers on extrajudicial comments and are subject to discipline if they violate the rules. [More...]

President Obama made a surprise trip to Afghanistan on the anniversary of Osama bin Laden's death.

Newt Gingrich is finally giving up his bid to become President.

For those following the Roger Clemons retrial, Andy Pettitte testified today.

New Zealand has a big campaign contribution mess developing, and it involves donations from Kim DotCom.

This is an open thread, all topics welcome.

As John Edwards attorneys challenged Cheri Young's memory and version of events at trial today, including questioning her about Andrew Young's memory issues due to use of alcohol and Ambien, they also filed a motion to strike some of the testimony she gave yesterday. Alternatively, they are asking the Court to give the jury a limiting instruction as to the purposes for which it can her statements. The motion is available on PACER.

Of particular concern to the defense is Mrs. Young's testimony corroborating what her husband told her about whose idea it was for Young to claim he was the father of Rielle Hunter's child back in December, 2007. [More...]

One of the reasons I warn commenters here not to attack the character of Trayvon Martin is that I don't think it will come up at trial, and I'm following and attempting to analyze the legal proceedings. Mark O'Mara has made it clear he would not be raising Trayvon's character at trial. If it's not an issue in the legal case, I see no reason to speculate about it.

Today O'Mara makes it clearer. He lists what people won't find on the new website and social media pages he established for the case:

We Will Not Comment On The Character of Trayvon Martin, His Family, or His Supporters

Robert Dewey, a Colorado inmate sentenced to life without parole for murder, left jail today a free man after serving 18 years of his sentence. DNA testing, using a technology not available at the time of his conviction, proved he was innocent.

Dewey is the 290th person to be exonerated nationwide on the basis of DNA evidence proving factual innocence -- meaning someone else committed the crime.

"I find that Mr. Dewey is factually innocent of the crimes of which he was accused of in this case," the judge said, noting Dewey had spent more the 6,000 days behind bars. "Mr. Dewey is now again a free man."

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