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Mike's Blog Roundup

A Tiny Revolution: Another Prediction: The Sun is going to rise tomorrow

Legal Schnauzer: Prosecutor who cleared Bush officials has connections to misconduct

The Balance Sheet: Video interview with Elizabeth Warren

MN Progressive Project: A Minnesota grandmother cut up her Target Card to protest Target giving $150,000 to RightWingNut candidate for governor Tom "I don't believe you can be a freedom-loving American and be a Democrat" Emmer.

Mock, Paper, Scissors: Tengrain Presents...Media Follies. The atrocities continue below...

ANNALS OF JOURNALISM: If wishes were ICBMs,...Trusting Tucker...“Progressive” media star...This story's got everything!...Left Hand, Right Hand...More on bogus rightie journamalism...Dung Beetles...Yeah, we knew that...We knew that, too...Newspaper Truthiness...AP's selective torture reporting...Why is this hack writing for The Atlantic?...How the world sees us...A new low...Unintentionally helpful...



Sports Creep

This is a DA that wasn't very happy about not prosecuting Ben Roethlisberger for rape.

One the evening of March 4 and into the wee hours of March 5, Roethlisberger was out bar hopping with his entourage. The 20-year-old "victim" -- Bright's word, not mine -- was doing with the same with her sorority sisters. The two parties met at various establishments along the way, where the quarterback and the co-ed made small talk.

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"Some of a sexual nature," Bright said.

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Finally, at Capital City's VIP room -- not for nothing, but how many VIPs can there be in the metropolis of Milledgeville? -- Roethlisberger summoned the sorority girls and "provided shots of alcohol." Bright's account fits nicely with an earlier report quoting the two-time Super Bowl winner as saying: "All you bitches, take my shots."

"Everyone agrees," Bright said, "that the victim was highly intoxicated."

Again, I'm shocked.

Next, the prosecutor said, "one of the bodyguards guided the victim down a back hallway. Mr. Roethlisberger followed her down the hallway into a small bathroom."

She sustained a "superficial laceration and slight bleeding in the genital area." A test performed at the hospital indicated the presence of male DNA.

That's not evidence of criminal conduct, or, rather, not nearly enough evidence to prove it. And so there's no reason not to accept Bright's representation -- what happened in that dingy bathroom cannot be proven beyond a reasonable doubt.

The woman told some of her story, wouldn't pursue charges, but didn't back off.

Bright received a letter from the accuser, whose name has not been revealed, several weeks after the incident saying she did not want to proceed with prosecution. In the letter the student’s lawyer made it clear she was not recanting her accusation.

I can understand her reluctance to press charges. I've been in a few VIP parties in my life after a gig and it's a lot of fun, but just because you meet girls who want to talk and hang out with you, it doesn't mean they've given you permission to do anything else. I've also seen a number of fairly famous musicians have a great time after a show, but never cross the line.

Don't get me wrong, I'm not saying I've been a saint all my life, but it's really not that hard to respect women enough not to act in this fashion, even when there's alcohol involved. Roethlisberger is just a creep.



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There really wasn't a lot of substance to Alan Grayson's appearance on Hardball yesterday, but it is always pretty delightful to watch Grayson in action anyway. He just says what he thinks and lets the chips fall where they may.

The end got a little over the top, in fact:

Matthews: Dick Cheney—and that‘s how you pronounce his name—was out last night in black tie, along with his—well, his felon former chief of staff, who I think took the bullet for him in that whole matter, perjury and obstruction of justice.

And he wasn‘t out robbing gas stations. His behavior was right there in the office under Cheney‘s leadership. Anyway, the prosecutor in that case said there was a cloud over Cheney‘s head. The—the prosecutor obviously brought the justice to that guy Scooter Libby. He got convicted of a number of counts of perjury and obstruction of justice.

The president even held his nose and would not pardon these guys, wouldn‘t pardon Scooter Libby. Here‘s this guy, with all his inglorious background, out trashing the president of the United States for dithering.

Your response?

GRAYSON: Well, my response is—and, by the way, I have trouble listening to what he says sometimes because of the blood that drips from his teeth while he‘s talking.

But—but my response is this. He's just angry because the president doesn't shoot old men in the face. Oh, by the way, when he was done speaking, did he just then turn into a bat and fly away?

MATTHEWS: Oh, God. We have got to keep a level here.

Even if this kind of talk horrifies you, the fact that it's coming from a Democrat is actually a relief for those of us who've watched the party perfect its Village-approved Harvey Milquetoast routine the past couple of decades.

It's one of the traits that has really harmed the Democratic brand over that time, because it's led people to believe that they don't really have the courage of their convictions, that they won't stand up and fight for anything, that they don't really believe in anything.

Alan Grayson leaves no such impression. Even if other Democrats go fleeing in horror, he's doing them -- and us -- a real service.



I would have loved a much broader scope that would have been applied to the Durham Probe on CIA interrogations, as many have already stated, but you know I see a sliver of hope buried in it. Jane Mayer said as much on Olbermann yesterday and I perked up a little when I heard her say it because I was thinking the same thing.

MAYER: Well, my guess is that if they actually open some kind of serious investigation, and Durham is said to be a very serious prosecutor, that even if they start at the very bottom, it's going to keep leading up and up through the chain of command. Because, if nothing else, if they actually bring charges against anybody at the CIA who was at the bottom of the food chain, the first thing that person's going to do is say "I was authorized, let me tell you what my orders were." So they've begun a process that could lead to the top.

Please hear me all Ye Whistleblowers. Cometh to DC and lay forth the truth unto thee! Speak thy words to Durham's ear and whisper the truth of unspeakable horrors. So dark and so horrible that thee will tremble from thy shame and call upon those who defiled us so.

If something breaks out during Durham's tepid investigation, who knows what it shall bring.

And read Dahlia Lithwick's excellent piece on this whole sordid affair.

Halfway There. Is half a torture investigation better than none at all?



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Kenneth Gladney is doing his best to cash in on his 15 seconds of fame, following his fake "brutal assault" at the hands of SEIU supporters outside a St. Louis "town hall" on health care. Today he went on Fox and Friends with his attorney, Dave Brown, who announced that he wanted local prosecutors to pursue the case as a "hate crime."

Mr. Brown appears to be confused about just what constitutes a "hate crime". Namely, it take more than merely the matter of Gladney being a black man to qualify as such a crime; indeed, the main qualification has to be that a bias motivation has to be present. That is, prosecutors would have to establish that the people being charged were motivated by the victim's race.

Gladney claims that he was called the N-word -- but the man using that word was another black man. Proving a motivation of bias against blacks will be pretty difficult under those circumstances.

Moreover, if you go back and look at the tape, a couple of other things are worth noting:

-- It's the black man with whom Gladney apparently first had a verbal altercation who we see lying on his back on the street when the tape opens. If anyone can claim to be assaulted here, it's this man.

-- It's not clear that any actual assault occurred here at all. Gladney is pushed to the ground by someone trying to clear space for his friend. Certainly, given that Gladney appears to be just fine for most of the rest of the video, there's no evidence that he suffered any harm whatsoever in the incident.

And in order to file a hate-crime charge, any prosecutor will have to prove first that a crime was committed -- well before he can even look into the question of whether it was committed with a bias motivation. Considering that both appear extremely unlikely, Brown and Gladney are clearly both just grandstanding.

Besides ... aren't conservatives opposed to hate-crimes laws as a matter of principle?



I haven't had a chance to read the whole article, but it seems encouraging.

Newsweek:

Mindful of history, Holder is trying to get the balance right. "You have the responsibility of enforcing the nation's laws, and you have to be seen as neutral, detached, and nonpartisan in that effort," Holder says. "But the reality of being A.G. is that I'm also part of the president's team. I want the president to succeed; I campaigned for him. I share his world view and values."

These are not just the philosophical musings of a new attorney general. Holder, 58, may be on the verge of asserting his independence in a profound way. Four knowledgeable sources tell NEWSWEEK that he is now leaning toward appointing a prosecutor to investigate the Bush administration's brutal interrogation practices, something the president has been reluctant to do. While no final decision has been made, an announcement could come in a matter of weeks, say these sources, who decline to be identified discussing a sensitive law-enforcement matter. Such a decision would roil the country, would likely plunge Washington into a new round of partisan warfare, and could even imperil Obama's domestic priorities, including health care and energy reform. Holder knows all this, and he has been wrestling with the question for months. "I hope that whatever decision I make would not have a negative impact on the president's agenda," he says. "But that can't be a part of my decision."

It's the way it should be. The AG should be doing what's right for the country regardless the administration occupying the White House. I hope this wasn't leaked so either it'll get squashed or other important legislation like health care will get dumped on, but we need these atrocities investigated. I've been calling for this for along time now and so has many readers and bloggers on the left as well.

d-day has read the entire article and has much more: Holder Of The Cards



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With any luck, the attention that Dan Abrams has committed to bring to the Don Siegelman case will manifest itself into pressure on the Alabama State Attorney General to move towards examining this miscarriage of justice. On last night's show, Abrams spoke with former Arizona Attorney General Grant Woods, who was interviewed for the 60 Minutes piece and is one of the 52 current and former Attorneys General who have signed a letter raising concerns of politicization in this case. Woods again pointed out some of the red flags that have that bipartisan group calling for a special investigation:

I think our main point is there’s a million red flags on this case. And that doesn’t necessarily mean it will all come to something, but it means there’s just too much out there for it not to be investigated. For context, you should remember that the governor, when he ran for re-election, went to bed having been declared by everybody the winner, he was awakened a few hours later and said, “oh, um, you know, there was some…a foul up in a rural county and uh some votes were switched, so now you lost.”

Now we flash forward a few years, he’s going to run to try to get back into office and they bring charges against him and they go to trial. Pretty big deal, charge a former governor who is getting ready to run again. And the prosecutor gives his opening argument and the judge dismisses the case after the opening argument. That just doesn’t happen. That’s how bad that case was, and they still don’t give up. So they go after him again, and have now a different prosecutor, as you mentioned, the wife of one of the people who have been working for years politically against him and then I think Mr. Kilborn has said that they were all assured that nothing was going to come of it, that the charges were no good. All of the sudden there’s a top to bottom review and charges are brought.

If you would like to send Siegelman your support, his address is here. If you'd like to call for an investigation, you can contact the Alabama State Attorney General's office here. Larissa Alexandrovna has much, much more...



Republican DA Resigns After Porn, Racist Humor Found On Computer

Via Newsweek:

In his 30-plus-year legal career in Harris County, Texas, Chuck Rosenthal has been no stranger to controversy. As a prosecutor he lit firecrackers in the stairwell of the district attorney's offices soon after the 1995 Oklahoma City bombings. (It was a prank, he said.) After he was elected DA in 2000 he called the death penalty a "biblical proposition" and lobbied unsuccessfully to maintain Texas's sodomy law...

Rosenthal is back in the headlines again. Last December, as part of a federal civil rights lawsuit into how justice is meted out in the county, he turned over the (partial) contents of his government e-mail account. And what a batch of e-mails it was. Black ministers called for the Republican to resign because of racist material, including a cartoon depicting an African-American suffering from a "fatal overdose" of watermelon and fried chicken. There were adult video clips and love notes from Rosenthal to his secretary, his mistress during a previous marriage.

Now it appears that Rosenthal's on-the-job antics have done him in. In the wake of the e-mail revelations, local GOP leaders forced him to abort his re-election bid. Then, on Feb. 15, after Lloyd Kelley, the attorney in the civil rights case, brought a lawsuit accusing him of drinking on the job and "incompetence, or official misconduct," Rosenthal resigned. Read on...

The article also states that Rosenthal isn't out of the woods yet. Following in the footsteps of the Bush administration and the GOP, it appears he deleted e-mails he was supposed to have saved and could be in some hot water.



Where's The Media Outrage Over Bilal Hussein?

AttyTood:

As regular readers know, Attytood has been on the warpath urging the authorities in Iraq, under the thumb of the American military, to give Pulitzer Prize winning photojournalist Bilal Hussein a real day in court...or set him free. Our fear is that -- before broader awareness of the Hussein case mounts -- he will be found guilty in a kangaroo court, without the kind of due process that Americans would expect and that you'd think would be part of that "freedom" package that we delivered to Iraq:

Those worst fears are coming true, of course. Harper's magazine has the inside scoop. For example:

-- The Iraqi judge is also allowing the U.S. military to present evidence by witnesses through remote television hook-ups from undisclosed locations. This is done particularly to be sure that Bilal Hussein would not be able to cross-examine any witnesses.

-- The Pentagon was particularly concerned about the prospect of Bilal Hussein getting effective defense from his lawyer, former federal prosecutor Paul Gardephe. The judge was told to refuse to allow Bilal Hussein’s U.S. lawyer to participate in the case. The judge accepted this advice. Consequently, the U.S. military has a five-man team to press its case, but Bilal Hussein’s lawyer is silenced and not permitted to participate–and all of this has occurred as a result of U.S. Government intervention with the court. The irony of course is that under Iraqi law, the U.S. military has no authority or right to appear and prosecute, but Bilal Hussein’s chosen counsel has an absolute right.

There's a lot of good (as in "interesting," not as in "positive") stuff here, including confirmation that the military is using friendly right-wing bloggers to bypass the tradtional media. Reading this, there is little doubt that this award-winning journalist -- who risked his life to bring images from Iraq's front line to the world and is greatly admired by those who've worked with him, like my Daily News colleague Jim MacMillan -- will be found guilty by this kangaroo court and sent away for a long time. It's frustrating. If the American and Iraqi authorities have real evidence that Bilal Hussein is a terrorist, it should be presented in a fair and open courtroom.

Here's something else that's even more maddening -- America's journalistic community is not stepping forward to try to stop this disgrace from happening. Read on...



Federal Prosecutor Caught In Child Sex Sting Commits Suicide

Via ABC:

A federal prosecutor accused of flying to Detroit last month to have sex with a 5-year-old girl committed suicide Friday in his cell in a Milan federal prison.

Assistant U.S. Attorney John D.R. Atchison was found unresponsive, taken to a local hospital and pronounced dead at 10:17 a.m., Federal Bureau of Prisons spokeswoman Felicia Ponce said.

Atchison, of Gulf Breeze, Fla., was being held in a special housing unit in the prison, about 36 miles southwest of Detroit. Read more...