musing minds

The NY Times (big surprise there) has an op-ed piece by Napolitano – apparently Stewart’s prosecution was a travesty of justice and simply an attempt to “intimidate defense lawyers.”

As I stated here, the real travesty is attorneys abusing their position and corresponding solicitor and client privilege to carry out such criminal acts. In doing so, they threaten the foundation of the privilege itself. That, your honour, is the real threat to future litigants. That is why communications in furtherance of a criminal acts are not privileged. While a thoughtful discussion as to how to preserve otherwise lawful communications in the process may be warranted, Napolatino chooses instead to victimize Stewart and cast aspersions on the motives of Justice officials.

As for intimidating defense lawyers, if the Stewart decision intimidates lawyers from committing such acts in the future, mission accomplished. It’s called deterrence, one of the corner stones of the criminal justice process. Lawyers not abusing the privilege (and I presume that’s by far the vast majority) have nothing to fear. As for those few who do, they are not above the law.

Update: Welcome Dirty Harry Readers

Not that this is surprising but Al Franken is attempting to bring down his own media heavyweight – Brit Hume. He’s accusing Brit of “Lying” in one of his on-air statements. The only problem is Al doesn’t link to Brit’s statement.

Hmmm…. I wonder why he doesn’t provide a link. With such a serious charge one would expect to see very specific evidence. That’s right, you guessed it – the transcript doesn’t say what Al accuses Brit of saying. Read all about it here.

Sorry Al, but did you actually expect to pull that off with today’s blogosphere? Now what was that about being fired for lying?
Hat tip: Dirty Harry (BTW if you havn’t made Dirty Harry a regular, you should, his wit is amazing)

I’d like to thank Kim for inviting me to blog with her. It’s been a good first week. Kim’s a great person to blog with. I’ll be pretty busy in the next little while so blogging will be light on my part.

Jeff

Update: Thanks for blogging with me Jeff. I am looking forward to a long blogging relationship. – Kim

Hybird cars are a bad thing … at least for state gas tax revenues. Apparently those cars that use less gas and are better for the environment are not so good for revenue… Now they want to install GPS in your car to track how many miles you’ve driven and tax you some more…

GOP Bloggers brings our attention to a story on CBS News from Monday regarding a per mile driven tax that is being tested in Oregon and considered in California.

States Mull Taxing Drivers By Mile
“Drivers will get charged for how many miles they use the roads, and it’s as simple as that,” says engineer David Kim.

Kim and fellow researcher David Porter at Oregon State University equipped a test car with a global positioning device to keep track of its mileage. Eventually, every car would need one.

Having the state government know where I am at any time? Uploading that information through the gas pump every time I fill up? Getting penalized for travelling during rush hour?? Perhaps this would slide down the slippery slope to penalize me for driving on city roads, for short trips (such as taking my child to pre-school – 2 miles one way)?

Sneaking Suspicions has a story on the two Baltimore Sun journalists who were frozen out by Maryland Governor Erlich. They have sued because Governor Erlich issued a memo telling staffers not to speak to them.

Under the First Amendment they do have the right to ask me questions.

Under the First Amendment I do have the right to not answer their questions.

It seems to me that many journalists feel that the First Amendment means that I have to answer their questions…

These two found out otherwise…

Go read it.

Hat tip: Instapundit

Beldar has a most excellent analysis of the DC Circuit’s decision in the Judith Miller contempt case. Beldar’s scorecard on the DC Circuit’s Plame decision today: Prosecution 34, Journalists 0: Go read it all.

Beldar also mentions Orin Kerr’s post on The Volokh Conspiracy:
DC Circuit on Blogging and the Reporter’s Privilege.

Judge Sentelle pointed out some of the difficulties of applying such a privilege in light of the blogosphere:

Perhaps more to the point today, does the privilege also protect the proprietor of a web log: the stereotypical “blogger” sitting in his pajamas at his personal computer posting on the World Wide Web his best product to inform whoever happens to browse his way? If not, why not? How could one draw a distinction consistent with the court’s vision of a broadly granted personal right? If so, then would it not be possible for a government official wishing to engage in the sort of unlawful leaking under investigation in the present controversy to call a trusted friend or a political ally, advise him to set up a web log (which I understand takes about three minutes) and then leak to him under a promise of confidentiality the information which the law forbids the official to disclose?

Go read the rest.

Hell hath no fury like a motivated litigant in a highly publicized case (well OK there’s the woman scorned, but this is almost as bad). The New York Observer has the goods on the fired CBS employees not going down without a fight – a court fight that is. Apparently our friendly neighborhood litigants are pointing the fingers towards their bosses. Don’t think this is just an attempt to smear CBS either. It’s been awhile since I’ve done a wrongful dismissal case, but I don’t think you can be fired for acting in accordance with your boss’s wishes. If that’s going to be their case, hold on to your hats.

Expect this thing to get very messy, and very revealing. It’s one thing to try and stonewall bloggers and other members of the press. It’s quite another to refuse to answer questions under oath and violate subpoenas.
Hat tip: Powerline Hell No They Won’t Go – lots more over there. (kimsch)

Yesterday I posted a link about intel showing Irani and Syrian involvement with the terrorists in Fallujah. The BBC is now reporting that Iran and Syria are establishing a formal common front to confront its enemies (ie. the US). What is it with these Middle Eastern dictators underestimating Bush’s resolve?

Well at least now that a formal axis has aligned itself against the US, we’ll see the anti-Bush, anti-military apologists tone it down a bit to allow both parties to rally together to confront this threat for the good of the country, right………..(crickets chirping)……..right?

Roger Simon has a report about the success of the battle of Fallujah and the interesting intel it uncovered, including the involvement of Syria and Iran.

Obviously stuff you won’t hear on the news. Covering only wire stories of car bombs is easier, and there’s the added benefit of making the military look inept.

Revolutionary advancements in technology are rarely adopted cleanly and swiftly into society. Sometimes cost is a prohibiting factor. Where cost isn’t a factor, adoption or acceptance is oftentimes hindered by skepticism and fear since the advancement is replacing or modifying something that has been considered tried, tested and “true”. It is only after acceptance has been achieved with a small number of vanguards, who are able to show the rest that the new way is a better way, that the advancement becomes part of mainstream society.

You don’t usually hear about the elevator in discussions about dramatic technological advances on society. We take them for granted today, yet they existed for years before people would ride them. Perfectly good elevators sat unused as people climbed the stairs. It was only when people saw that the few who started using them didn’t fall to their deaths, did they gain widespread acceptance.

Today we sit on the edge of a media revolution. While the Wall Street Journal and others still warn of the long fall down the elevator shaft, more and more people and media institutions are starting to realize that there may be a better way than only having a relatively small number of “reporters” collecting and reporting the news on T.V. and in newspapers. I predict in years to come (probably not that many) people will look back and chuckle at the same skepticism we’re showing towards the blogosphere today. Do we know where the blogosphere will take us? No. After all, not many folks contemplated that elevators would lead to the rise (literally – through vertical expansion) of modern cities. But I don’t think were going to fall down the shaft either.