trial advocacy

Today at one PM, my partner and I have our fake trial. As employees of the local DA, we have experience writing memos, but never doing examinations or entering things into evidence. But this has been a fun and nerve-racking class. This is one of the few practical courses I have taken at law school (the other appellate practice).

Tonight, an old high school friend and bridesmaid will be in town and my wife and I are excited to see her. Last night, I had my co-counsel and all our fake witnesses over for dinner and one last shot at trial prep. Most are pretty into it and are going to try to tear up at the appropriate moments (it is a murder trial). Hopefully my partner and I won't be the one's crying...afterall, we are going against the best oralist at this year's Traynor Moot Court Competition (who won the "moot court madness" very un-George Mason-like). His partner is no slouch either...but then again, thanks to all our memo writing practice, we got both graphic photos in and prevented him from excluding all of our hearsay at least until they object during the trial. We shall see how it goes.

By 6 PM tonight though, I will be done with that class (and my teaching in HS class as well) and will have 7 credits more under my belt before I ever take the finals for this semester. And that's a nice feeling.

the real difference between modern Democrats and Republicans in Congress

When Democratic leaders leave congress, they do so because they lose a narrow election (see Daschle, Folley) or they retire (see Mitchell, Gephardt). In either case, no one questions their ethics, although they might question their ideology.

When Republican leaders leave congress, it is either because they pled guilty to $2.4M in bribes (Cunningham...soon Ney), all their former staffers, friends, and family members have either pled guilty to money laundering, violating tax law, etc. or are under the shaddow of an indictment or looming indictment(DeLay). Or they are so incompetent that they can't run for reelection, or be Majority Leader, or run for president at the same time (and suck at all three) (Frist). Or they lead the charge to impeach a president for lying about an extramarital affair while having their own (Livingstone) or making money off a book deal (Gingrich). Or they get pushed out because they long for the segrationist policies of Strom Thurmond's 1948 presidential campaign (Lott).

The difference between congressional Dems and GOPers are the dimes one takes, and the other doesn't.

Bill's revenge?

Like Montezuma, will Bill Clinton have his revenge? The heart of Utah's 3rd district is centered around Utah County, a place were Sean Hanity goes when he needs an ego-boost, where Bush would hold his phony town hall meetings without screeners, and yet...we have a chance to knockout an encumbent.

"A new Deseret Morning News/KSL-TV poll conducted last week by Dan Jones & Associates finds that Rep. Chris Cannon" has only 36 percent support among his voters. Cannon was one of the many House Impeachment Managers against President Clinton. Bill has made it a personal challenge to beat every impeachment manager, like the curse of King Tut. [all quotes from the Deseret Morning News]

"With nearly two-out-of-three voters saying they don't now support Cannon," I think we have a chance. In 2004, Cannon was challenged from the right on immgration reform (aka Xenophobia) and had a primary challenge, meaning he couldn't get rid of his challenger in the UT GOP convention. This year, the heat on immigration reform is even hotter and the polling in Utah suggests it is in favor of a House style bill, rather than the Senate version or McCain-Kennedy.

This year, he will face two real challengers before he faces a Democrat "former GOP 2nd District U.S. Rep. Merrill Cook, who over the years has spent nearly $4 million on his numerous races, and Utah County water-and-land developer John Jacob, a fellow Republican who says he may well spend $1 million to $1.5 million of his own money on his race."

When Cook lost in the primary in 2000 (and lone UT Democrat Jim Matheson replaced him), he faced two wealthy challengers "and found himself down in the polls, losing 45 percent to 21 percent to the then-Democratic newcomer Jim Matheson." Jim by the way is sitting pretty with 58 percent approval, including 37 percent of the Republican vote, compared to only 27 percent by state Rep. LaVar Christensen, R-Draper his probable challenger. And even though Jim is rather moderate compared to national Democrats, we Utah Democrats are a pragmatic bunch: Jim gets 91 percent of the Democratic vote and 75 percent of the independent vote. And verey importantly, he gets 51 percent of the LDS vote, which is key when you face a guy named LaVar Christensen.

Here's the poll break down for UT-03 and -02



The Senate race is anything but, unfortunately. Orrin Hatch will likely have this seat until he dies or retires (or is appointed to something). But Pete Ashdown is self-funded and netroots savvy (he is a founder of a local ISP). He even has a campaign Wiki. Here's the poll break down:

I listen to ClarkCasts, do you?

Appearantly, lots of you listen to what ex-General Wesley Clark has to say once a week. According to Hotline:

And now his podcast is right now the most popular political podcast in the nation.

The third installment of Clark's audiotaped thoughts ranks ahead of Sean Hannity . It's more listened-to than Sen. Barack Obama's audio doodlings. Than ex-Sen. John Edwards's podcast, too.

My advice to Wes: do more interviews and chats, and less scripted speeches. The first ClarkCast was terrible in that you could hear Clark pause at the wrong points and hear the page turning. Speak from the heart extemporainously and then you can edit it down or do more takes later.

I will sum up by quoting Hotline again:

Too many people handicapping the Dem field aren't paying attention to Ret. Gen. Wes Clark. The guy has a monster travel schedule on behalf of other Dems. He's still the to-go talking head for Democratic national security events. He's doing the party's national radio address this Saturday.

This man has a big following, even if the insider's poll says it all Hillary. And Clark's stock will raise even among them if all his people get elected-- he has at least one house and one senate candidate that are Clarkies.

no double standards

Here is something I agree with the right wing blogosphere on: our dislike of Rep. Cynthia McKinney (oh and I hate her dad too). Hotline On Call reported that she assaulted a Capitol Police officer because he didn't recognize her as she bypassed the metal detectors (as Members of Congress are allowed to do when they wear their member pin).

The officer called out "Ma'am, Ma'am," in an attempt to stop her.

When the officer caught up to McKinney, he grabbed her by the arm.

McKinney pulled her arm away, swung around, cell phone in hand, and punched the officer square in the chest, according to the witness.

This is the same woman who sides with Hamas over Israel, who is more extreme left than Noam Chompsky, who blamed her 2002 primary defeat on Republicans in an overwhelmingly democratic district with overwhelmingly democratic turnout. (the margin of victory was greater than all the GOP voters who voted in the democratic primary) McKinney is what is wrong with the far out left. Most of the liberals are no where near as crazy and bad as she is, but they need to condem her.

VA SEN- Allen needs, er, stimulation

DSCC has a clip of Sen. George Allen saying he wishes he was born in Iowa. Hotline notes that "He was born in California although his parents, er, created him, in Sioux City."

DSCC has a great line "Looks like Senator Allen is not only bored with the Senate, he's also bored with the entire Commonwealth of Virginia."

VA SEN-let's get it on!

All signs point to a preemptive war buildup in the Old Dominion State. The Democrats have fielded not one but two serious candidates. One, the self-funder and friend of ex-Gov. Warner Harris Miller. The other, netroots favorite and ex-Reagan Sec. of Navy James Webb.

On the other side, intellectual lightweight but strategy smart Senator George Allen. After defeating Chuck Robb six years ago by about 225K votes, the former Governor and son of famed Redskins coach by the same name is one more football analogy away from pissing his pants.

His chief of staff is Dick Wadhams, who engineered the paid bloggers for Thune as well as the rest of the nasty mudslinging victory over ex-Minority Leader Tom Daschle. Before that, he saved Sen. Allard's butt in Colorado with similarly nasty tactics.

Turdblossom II has now "taken a leave of absence" to run Allen's reelection campaign. We have to punish bad behavior and end Wadhams' winning streak before he gets the keys to a national campaign.

This is just one more sign that George Allen is taking Webb and Miller very, very seriously. I can't wait to see the negative ads, they should be out by this summer.

body count

every day, if you listen/read/watch the news, you learn about another pile of dead, tortured Iraqis found in and around Bagdad. They are being killed by ethnicity and Baghdad in 2006 is quickly becoming like Yugoslavia 1991-92. Sunnis are the new Croats. Or Serbs or whatever. I am not taking sides on this one.

This is the very definition of a civil war. I don't want to hear any more euphemisms: "high-level sectarian violence" or "ethnic strife" or "freedom's birthing pains" etc.

It is ludicris not to see that Iraq is going down the toliet in a hurry and the US miliary is powerless (either politically or practically) to stop it.

Kontinuing Kanab Knews

Now business-owners from out of town are worried about Kanab's "full quivver of children" resolution. Victor and Pat Sandonato of the New York/New Jersey Area (Connecticut, New York's other suburb) bought a western supply store in Kanab, the hottest property in town. Lee Benson, the twin brother of Federal District Court Judge Dee Benson, is the author of the Deeret News follow-up. Although I don't think too highly of Judge Benson's brother's reporting normally, I enjoyed this article.

"Eighty percent of this business is international," he says. "That's what we thrive on."
He looks outside his office window at the empty parking lot that is typical in March and hopes it isn't a preview of months to come.
"Yes, I am worried," he says. "I just bought the place, and suddenly I have controversy."

Although Victor loves the environs of Kanab, he wonders why the Mayor and the city council had to thrust their views on the public. "It reminds me of that old Christmas movie, 'Miracle on 34th Street,' " he says, "where they want to put down Santa Claus. And the people tell them, 'Maybe you don't believe in Santa Claus, but don't go there. It's not a good idea.'" So I guess gay people are like Santa Claus, both possibly make-believe? But I digress (before I go on, notice that all Lee did was drive down to this store and interview this one couple).

Victor and Pat hopes the whole thing will just blow over, since this was a astroturf uprising. "[W]e haven't heard anybody local say they're all gung-ho about what's going on. A lot of people think it's silly. We haven't had any impression at all that the town is bigoted." Those big folks up at the Sutherland Institute up in Salt Lake City really know Kanab values.

Certainly Victor and Pat will welcome in gays who have money, "We welcome all people from all walks of life." He just won't admit that he believes homosexuality to be a "life-style choice." Look, retiring to Palm Springs is a life-style choice, not whom you love.

sign of hope for Utah Dems?

Courtesy of the Salt Lake Tribune and Pat Bagley

A Sunday or two ago, the LDS church asked that a statement be read at the wardhouses and stake centers in advance of the precinct meetings political parties would be holding. The statement said that the doctrines of the Church of Jesus Christ of Latter-Day Saints could be found in both political parties. This is what Wayne Owens has always said, that the Democratic belief in helping the less fortunate is compatable with LDS teachings.

As a result, the turn out in various ultra-red areas for Democratic precincts was suprisingly strong. This prompted a KUER radio show on whether Democrats have a shot of legitimacy now and why the tie between the GOP and LDS church seems so strong.

I sure hope that the tie between the parties can end and Mormons everywhere will not feel compelled or pressured to be a Republican. There are some aspects of each party that should find appeal to LDS church goers, just like it does for Catholics or Jews or many other major religious groups.

This year Democrats in Utah may do a bit better, but I am not expecting much. I would like to have the power to block stuff in the State Senate so the GOP leadership would at least consult and listen to Democrats. By 2012, I am hoping to have 1 safe Democratic seat, 1 toss up and 2 solid GOP seats. Oh and whenever Hatch or Bennett retire, I would like Jim Matheson to run for the vacant seat. Utah Democrats are a practical bunch.

photo of the day

Courtesy of the Washington Post

Bush's trade ambassador, Robert Zoellick, is trying to get US-China trade in even better shape so that he is hugging babies, baby Pandas. "You want to know how the panda felt?" he asked. "Very soft."

Is he soft on China's human rights record? Trying to get more cuddly pandas for our Zoos? Trying to get the Chinese to float the Yuan? Or endorsing the engagement policy/theory on China?

I think it is a little bit of both...and pandas are soft and I am very jealous. Some day, I want to be trade ambassador so I can hold pandas.

the nerves of Steele

The Balimore Sun seems to have found yet another ethical violation with the Ehrlich/Steele Administration: Pay for Play with Steele.

Officials with three of four African-American groups that in early 2004 received a combined $250,000 - the result of an insurance settlement received by the state - gave $13,711 to the lieutenant governor about the same time or in the months after, according to a state elections board database....The proceeds were distributed to four groups without a competitive application process and were announced in letters stating that the money was given "on behalf of Lieutenant Governor Michael S. Steele."

Michael S. Steele of course is running for U.S. Senate to replace Sarbanes. First he makes up the Oreo cookie story, then he compares stem cell research to the holocaust in front of a jewish audience, and now we learn he either diverted state tax dollars to his campaign or that in order to win contracts, all you have to do is donate. Something is rotten in Annapolis.

Who will be at this party?

Courtesy of Hotline On Call blog

the obligatory look back

canvasing the blogs I read (see sidebar) it seems like some thoughts on the Iraq War are necessary since we have reached an artifical milestone-- 3 years of war. This is just as artifical and just as sad as the other milestone-- 1,000 dead. Now we are over 2,500 dead American soldiers and many more wounded.

A great way to sum up how badly things have gone in Iraq-- how divergent those outcomes have been from the rosy projections of hawks-- is Professor Juan Cole's Top Ten Catastrophes of the third year of the war. Not even top ten of the whole period...and that there are so many to choose from, that one can create a top ten.

The only good things that the Bush Administration did was topple Saddam and appoint this current Ambassador. The trial has been a mess, the security never existed, the country is in civil war, terrorist have the perfect training ground to attack our troops, etc.

Like most Americans, I tire of reading about another bombing in some market somewhere, or a checkpoint bombing, or a mass grave found, or a car full of executed men found. Likewise, I tire of the "things getting better, says Bush" articles and stories on the TV. I tend to just skim the headlines, because if I were to know more, I would be more and more angry and depressed.

Occationally, I think about what would have happened to our world in the last 6 years had Gore won the recount. Saddam might still be in power, but most of those 2,500 soldiers would be alive (and 10,000s of Iraqis). Bin Laden would probabbly have been caught (as more resources would have been directed towards finding him instead of WMD's in Iraq and prepping for the other war). Our air and water would be cleaner, the courts would be filled with moderates rather than extremists. There would have been mass evacuations of the lower 9th ward and many lives would have been saved (Gore himself rented a chopper to save people with his own money and asked for no press) Plan B would have been available over the counter for years now. The Abramoff , Enron, Worldcomm and so many other scandals would have been agressively pursued from the get-go. Global Warming would be a State of the Union issue, and real measures would be made for citizens to curb consumption (Conservative Pundits would compare Gore to Carter). The congress would have tried everything to stop Gore, only to lose Jeffords in 2001 and then the majority in the Senate in 2002. The house would have fallen later, once all the bribery and lobbying scandals became to the fore.

Instead, Gore is a CEO of a TV station and on the board of companies like Apple. And Bush is at 33% and striving to run the country further aground. I wonder if O'Connor regrets her vote.

boycotting Kanab?

I got a great laugh out of this Deseret News story. To me it shows how both sides of the Blue State/Red State talk right past each other and really don't get it.

Kanab, in their infinite creativity, passed a resolution that the Sutherland Institute wrote for them. Fearing the devitalizing scourge of gay marriage and gender equality, their city resolution supports "upholding the marriage of a woman to a man, and a man to a woman as ordained by God." Homes, Sutherland's resolution said, should be open to a "full quiver of children" and young women to become "wives, homemakers and mothers." I am assuming they mean one wife per a household, given the singular use of woman in the above quoted language. I won't even get into the Establishment Clause issue right now.

Aurthur Frommer, founder of the travel advice empire that includes books videos, and a syndicated column advocated to his newspaper readers not to go to Kanab, whose economy is dependant on tourism. Frommer decided Kanab is "homophobic" and "bigoted," but failed to realize lots of towns in Red State America have passed similar things...in fact I think over 20 of the 50 states in the union have constitutional amendments banning gay marriage. There are crazier cities and towns in Utah as well (see LeVerkin and Virgin's no-UN zone).

Kanab's reply? "Mr. Frommer obviously doesn't know much about Kanab," Mayor Lawson said. What is there to know? "His primary audience does not visit Kanab. They go to Europe," he said. "They go to places that have given up on the family long ago. That's where they're comfortable."

Yes Europe, where there are no more families and the continent has given up on them. Correct me if I am wrong, but doesn't Frommer make travel guides for families on a budget? Sure Americans love to travel to Europe, but not because they have given up on families (even if that were true), but to see castles, museums, royalty, and other old stuff.

Personally, I don't think it is Arthur’s place to tell people to boycott Kanab. The people that would be offended by the resolution would have already avoided after Frommer informed them. The others who think it is funny or support it won't boycott the city. And how many of his readers even know where Kanab is? Or LeVerkin? Or Virgin?

Similarly, what will Kanab's resolution actually do? Make people feel better? Gay marriage has been banned twice statewide, most recently in 2004 by Amendment 3. Those who are gay in Kanab will likely emigrate to a big(er) city to meet other homosexuals and to not feel as outcast. I don't homosexual couples would dare live and raise a family in a small city/town like Kanab.

In sum, both Kanab and Frommer wasted their time and effort on a cultural issue that has little real effect on either party. Both just made themselves that much more ridiculous.

On a personal note, I am traveling to a small western town for the weekend to get a break from working full time this week and enjoy my spring break such as it is. Our motel will have wireless, so I can report from the road if a I feel so inclined. Enjoy your weekend.

quote of the day

Conservative Washington state columnist Adele Ferguson promotes school vouchers, defends slavery: “The pony hidden in slavery is the fact that it was the ticket to America for black people.”

Yeah, what a ticket! Nevermind most of the people crammed into the boat died before they even got to North America. Or that folks were beaten to death and or raped by their masters when they got to America. Or that they were enslaved for centuries. Or that it took another century after they were freed to sit in the same schools, drink from the same fountains, wait at the same bus stops, eat at the same lunch counters, etc. as white people. And I won't even get into police brutality, racial profiling, differing employment opportunities etc. Those lucky duckies!

hat tip Center for American Progress

cheating and the war on terror

I looks like yet again, the Bush Justice Department has snatched defeat from the jaws of victory. And yet again, they did so by violating the rules which prosecutors are supposed to play by. In Michigan, a case was thrown out after massive prosecutorial misconduct--Richard G. Convertino (the lead prosecutor appointed by AG John Ashcroft) suppressed evidence that might have bolstered the defendants' claims of innocence.

In Virginia, the "20th hijacker" case involving a dude that liked al Qaeda but never actually was part of the plot and might have sorta known about it, the Bush appointees got two witnesses on the phone together and discussed their testimoney, and read back to them parts of the trial transcript. This is highly unethical and violates the exclusionary rule in the Federal Rules of Evidence. The upshot is that the death penalty is off the table for the jurors.

These are just two of the many terror cases the Bush Justice Department has bungled since 9/11. Remember that 'sleeper cell' near Buffalo, NY? All they could get them on was traveling to Afghanistan and going to an Al-Qeada camp...a crime they called "providing support or resources to a foreign terrorist organization."

Is it that these cases are hard to try? That the evidence is always scanty? Or is it that these prosecutors are eagarly tring to make a name for themselves, and in so doing cross the line? It has to be more than a coincidence.

Curiouser and curiouser

When I read the headline yesterday that Slobodan Milosevic was found dead in his cell, I thought 'oh crap.' General Clark agrees with me. "He escaped justice and it's a tragedy for the people of Serbia," Clark told United Press International Sunday.

"They were denied the truth," said Clark, who had met the Serbian leader numerous times. "Milosevic," Clark told UPI, "led the Serb people on a foolish and immoral quest for greater Serbia.

I knew that people would speculate about a murder plot. To wit, this from the Melburne Herald Sun:

Milosevic's lawyer revealed a six-page letter from the former Balkans strongman, written the day before he died and alleging he was being given the wrong drugs in an attempt to kill him.

The letter, dated March 10, was addressed to the Russian embassy. A one-page English-language cover note asked the embassy to forward the letter to the Russian Foreign Minister.

The letter alleged that a powerful drug used to treat leprosy or tuberculosis had been found in his blood during an examination on January 12, said Milosevic's legal aide, Zdenko Tomanovic.

"They would like to poison me," he quoted Milosevic as telling him.

Reading a sentence from an English translation of the letter, Mr Tomanovic said: "In any case, the persons who are giving me the drug for the treatment of leprosy surely cannot be treating me, and especially those persons from whom I defended my country in the war and who also have an interest in silencing me."

Somehow, there was an antibiotic found in Slobo's bloodstream during the autopsy, that is designed to counteract those high blood pressure meds. Was he drugged to death? Was he trying to make himself sicker so he could go to a Russian medical facility and never come back to the Hauge? Did he comit suicide, like his parents had?

Somehow I doubt we will ever know for sure. I am pretty certain that what Slobo said was a lie. No one at the UN or ICC would try to kill him. If anything, some Croat, Serbian, or Kosovar general did the deed. To me, the most likely scenerio is that he tried to get himself sick and did too good of a job.

Photo of the day

We raised nearly three and a half thousand dollars this week. Even if Cheney won't, I am retiring...from my position as president of my student organization. Let some young blood in and let me sleep finally.

This week is spring break and so I might go somewhere last minute, but in all likelihood, I will just work and study. Happy Friday everyone.

over the hump

as tired as I am, I feeling pretty good. This week's fundraising has gone really well in my book and I am proud of all the volunteers, all the donors and all the support in general. Lots of people came up to me over the week and expressed their graditude for what our group was doing and all the work we had done to set up every morning, take down in the afternoon, and talk people into donating during the day.

To wit, we have raised nearly $3,000 for needy 1Ls and 2Ls that will be working over the summer for a non-profit or government job that is little or no pay. This sleepiness was worth it. Tomorrow is our last day of constant fundraising and my last early morning set up.

Politically, I loved watching Bush implode over the ports deal, and their weasel out attempts. I am enraged about Intelligence Committee and Pat Roberts in general. What a horrible senator he is because he is acting as a member of the Bush cabinet and not as a member of the legislative branch or representative of the residents of Kansas.