Law Librarian Blog

Federal Media Shield Law Debate Heats Up

S. 2035, The Free Flow of Information Act of 2007 has languished since it was favorably reported to the Senate by the Senate Judiciary Committee on October 4, 2007 [Thomas Resources]. The House passed a related bill, H.R. 2102, with bipartisan support (398 - 21) on October 18, 2007 [Thomas Resources]. The Federal Media Shield legislation will:

• Establish a federal qualified reporters’ privilege to protect and encourage the free flow of information between journalists and confidential sources;
• Reconcile a reporter’s need to maintain confidentiality -- in order to ensure that sources will speak openly and freely -- with the public’s right to effective law enforcement and fair trials;
• Balances the public interest in combating crime and protecting national security and the public interest in ensuring a free and vibrant press by providing that a federal court can only force a journalist to reveal confidential source information when the information is truly crucial to a case or investigation;
• Requires the party seeking a reporter's confidential information to exhaust all reasonable alternative sources before turning to the media;
• Contains exceptions to the privilege for those situations where information sharing is critical. For example, a reporter may not withhold source information where such information is needed to prevent a terrorist attack, significant harm to our national security, death, kidnapping, or substantial bodily harm. Journalists who witness crimes also cannot refuse to share their eyewitness observations;
• Defines “journalist” to include anyone who regularly engages in journalistic activities -- so that legitimate bloggers that disseminate information about matters of public interest are covered by the qualified privilege.

On March 6, 2008, Senate Judiciary Committee Chairman Patrick Leahy and Ranking Member Arlen Specter urged party leaders to schedule floor consideration of S. 2035 [Text of Letter to Majority Leader, Senator Harry Reid (pdf)]. See also Media Coalition Letter to Senator Harry Reid Supporting the Free Flow of Information Act (March 11, 2008) (pdf).

On April 17, 2008, US Attorney General Michael Mukasey voiced his opposition to the bill in a USA Today opinion piece. Kathleen A. Bergin (South Texas) has taken on Attorney General in a series of posts on First Amendment Law Prof Blog. Check out Part I (April 29) and Part II (May 2). [JH] 

Senate Passes Genetic Information Nondiscrimination Act

Yesterday, the Senate passed S. 358, the Genetic Information Nondiscrimination Act (GINA) [Thomas Resources], approving by unanimous consent an amended version of H.R. 493 [Thomas Resources], which passed the House April 25, 2007 by a vote of 420-3. The House is expected to take up the measure again quickly before sending it to President Bush to sign the measure into law. Details at Science Daily. Check out additional resources provided on Human Genome Project Information's Genetics Privacy and Legislation webpage. [JH]

Law to Prevent Behavioral Advertising on the Internet?

Law.com has the story here:

Ever wonder what happens to the data generated from all that Internet surfing and all those searches conducted through search engines such as Yahoo, Google and Ask.com? Is the data destroyed after logging off? Is it kept? For how long? Is it used and, if so, how and by whom?

An increasing number of Americans have recently become aware that much of this data is indeed being kept and used to target advertising to them in a more precise manner, based on their interests as evidenced in their surfing and search activities -- a practice known generally as behavioral advertising. But is this lawful? If so, is it appropriate?

New York Assemblyman Richard Brodsky, a Democrat who represents much of Westchester County, feels this type of advertising should not be permitted unless consumers give their permission: "Should these companies be able to sell or use what's essentially private data without permission? The easy answer is absolutely not."[FOOTNOTE 1] ...

And if the use of footnotes in the story bugs you, you'll love this.  [JJ]

Patent Failure, Patent Reform Legislation

Bessen and Meurer's Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk (Princeton UP, 2008)(book details below the fold) "is a pioneering and heroic effort to quantify the ways in which our patent system has failed to live up to its raison d'être: promoting innovation. The book will be controversial. But the authors make a forceful case that deserves to be heard." -- Eric Maskin, Albert O. Hirschman Professor of Social Science at the Institute for Advanced Study and Nobel Laureate in Economics.

From AEI, There Is a Role for Congress in Patent Litigation Reform ("The patent litigation system is broken. Congress should make every effort to fix it by writing into this legislation reasonable formulas for damage awards and venue rules that discourage forum-shopping.") Is S. 1145, the Patent Reform Act of 2007, [Thomas Resources] the way to go?

[RJ & JH]

Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk
by James Bessen & Michael J. Meurer

List Price: $29.95
Hardcover: 352 pages
Publisher: Princeton University Press (March 23, 2008)
ISBN-10: 069113491X
ISBN-13: 978-0691134918

Book Description: In the last several years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective.

Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.

By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

About the Authors: James Bessen, a former software developer and CEO, is lecturer at Boston University School of Law. Michael J. Meurer is the Michaels Faculty Research Scholar and professor of law at Boston University.

Gavel to Gavel on Judicial Recusal

Interesting article from Gavel to Gavel: "While every state judicial system has rules and canons with respect to judicial recusal, legislatures in the last several sessions also examined whether to impose by statute recusal requirements."

Senate Judiciary Committee Clears Bill Authorizing Cameras in Federal Courtrooms

From the National Law Journal: "The Senate Judiciary Committee approved legislation authorizing the chief judges of federal district and appellate courts to permit cameras in courtrooms. The so-called Sunshine in the Courtroom Act would allow photographing, electronic recording, broadcasting or televising of court proceedings except when it would violate the due process rights of any party."

Thomas Resources for S. 352, Sunshine in the Courtroom Act of 2007 [RJ]

Keeping Authorized Torture Techniques Off the Internet, Bush Vetoes H.R. 2082

In his radio address to the nation today, President Bush said he vetoed the Intelligence Authorization Act for FY 2008 (H.R. 2082) because it was wrong to ban practices that have a proven record of keeping America safe. Those practices include harsh interrogation methods that are not authorized in the Army Field Manual, such as waterboarding to break suspected terrorists. The President explained:

"Limiting the CIA's interrogation methods to those in the Army Field Manual would be dangerous because the manual is publicly available and easily accessible on the Internet."

Grasping for a rationalization...aren't these techniques common knowledge.

Footnote: H.R. 2082 [Thomas Resources] pass the House 222 - 199; and the Senate 51 - 45 (Clinton & Obama did not vote; McCain voted nay) so a veto override appears unlikely. [JH]

Impeachment of State Court Judges

Interesting article from Gavel to Gavel: "While threats to remove judges from office over their decisions are nothing new, the last two state legislative cycles have been unprecedented in the actual number of resolutions introduced. Beyond simple rhetorical jousting, the drafting and consideration of articles of impeachment (or in some states bills of address) for judicial decisions has become more widespread and are not necessarily only contending with highly charged political issues."  [RJ]

President Signs the Economic Stimulus Act of 2008

President Bush signed the Economic Stimulus Act of 2008 (H.R. 5140) today. The Act provides a rebate to individual tax filers who satisfy specific income requirements and special depreciation allowances to businesses. In addition, the act would raise the loan limit for the Federal Housing Administration’s (FHA’s) single-family program.

According to the White House's fact sheet, the Act

• Is large enough to have an impact, amounting to more than $152 billion this year, or about one percent of GDP.
• Provides tax rebates to 128 million American households.

Payments will be sent through late spring and summer. Under the Act's rebate provisions:

• Individuals and families are eligible to receive up to $600 for individuals and $1,200 for couples. A minimum of $300 per person and $600 per couple would be available to those with at least $3,000 of earned income. This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.
• Everyone eligible for this relief would also receive an additional $300 per child. For example, this would mean up to $1,800 of tax relief for an eligible couple with two children.
• Recipients of Social Security and certain veterans' benefits are also eligible for rebates. Those who receive at least $3,000 from any combination of benefits from these programs will receive rebates. The IRS and Treasury Department will be working closely with the Department of Veterans Affairs and the Social Security Administration, along with beneficiary organizations, to ensure that all eligible individuals are able to receive their payments.

The Congressional Budget Office estimates that the Economic Stimulus Act of 2008 will:

• Decrease revenues by $114 billion in 2008 and by a net amount of $82 billion over the 2008-2018 period; and
• Increase direct spending by $38 billion in 2008 and $42 billion over the 2008-2009 period.

Resources: Legislative resources avalable on LC's Thomas plus a great collection of related materials on TaxProf Blog. [JH]

Tentative Tax Rebate Deal Reached ... Updated

CNN is reporting that a tentative tax rebate deal has been reached among Treasury Secretary Henry Paulson, House Minority Leader John Boehner and Speaker of the House Nancy Pelosi. According to CNN's sources:

• Deal would give individuals $600, couples $1,200
• Parents may get $300 more per child
• GOP will allow rebates for people who don't pay income taxes

Update: Here's the White House Fact Sheet. Hat tip to TaxProf Blog. [JH]

FDA Announces Cloned Meat Safe to Eat

In a controversial move, the FDA announced yesterday that cloned animals pose no health risk if consumed.  Wired.com has an article here.

After four years of deliberation, the U.S. Food and Drug Administration announced today that meat from cloned animals and their offspring is safe to eat.

But despite public unease and lingering scientific uncertainty, the FDA won't require such meat to be labeled or tracked.

Food producers say they're not about to put cloned meat on American dinner plates, as the procedure is too expensive and inefficient, and a third of U.S. adults say they won't eat cloned meat regardless of its approval. Instead, farmers will purchase cloned animals to serve as breeding stock for their entire herds.

Get the FDA press release here, and the final FDA risk assessment of cloned meat here.  More over at Food Law Prof Blog which discusses the pending 2007 Farm Bill which will overrule this new FDA regulation if passed. 

[JJ]

DHS REAL ID Act Regs

DHS representatives briefed legislative aides on the details of the Department's REAL ID regs late Thursday. According to CNN, Americans born after Dec. 1, 1964, will have to get more secure driver's licenses in the next six years under the Department's ambitious post-9/11 security rules. Read more about it. [JH]

President Bush Signs FOIA Reform Bill (S. 2488)

The Openness Promotes Effectiveness in our National (OPEN) Government Act, S. 2488, was signed into law on Monday, December 31, 2007. See our earlier post, Thomas Resources and White House Press Release. [JH]

Ringing in the New Year with New Laws

From the National Conference of State Legislatures:

"A host of new laws on topics ranging from allowing civil unions in New Hampshire to prohibiting text messaging while driving in Washington state become effective Jan. 1, 2008. The National Conference of State Legislatures found a host of state laws in 31 states ranging from controversial to clever that will become law on New Year's Day."  Check it out!  [RJ]

PRO IP Bill, H.R. 4279, Boosts Penalties, Creates New Agency

Interesting article from CNet.com:

"In the aftermath of the $222,000 jury verdict that the Recording Industry Association of America recently won against a Minnesota woman who shared 24 songs on Kazaa, the U.S. Congress is preparing to amend copyright law.

Politicians want to increase penalties for copyright infringement.

It's no joke. Top Democrats and Republicans in the U.S. House of Representatives introduced a sweeping 69-page bill that ratchets up civil penalties for copyright infringement, boosts criminal enforcement, and even creates a new federal agency charged with bringing about a national and international copyright crackdown.

"By providing additional resources for enforcement of intellectual property, we ensure that innovation and creativity will continue to prosper in our society," Judiciary Committee Chairman John Conyers (D-Mich) said in a statement.

The legislation, called the Prioritizing Resources and Organization for Intellectual Property Act, or PRO IP Act, is throughly bipartisan. The top Republican, Lamar Smith of Texas, on the Judiciary committee is a sponsor. So is Howard Berman (D-Calif.), the chair of the subcommittee that writes copyright law, and Adam Schiff (D-Calif.) and Bob Goodlatte (R-Va.)."  [RJ]

Check out H.R. 4279 on Thomas and Open Congress and follow special interest group donations on MapLight.org. [RJ]

Congress Sends OPEN Government Act, First FOIA Reform Bill in More Than a Decade, to the President

S. 2488, the Openness Promotes Effectiveness in our National (OPEN) Government Act, was sent to the President on December 19th. [Thomas Resources] One of the Act's aims is the reversal of former Attorney General John Ashcroft's post 9/11 order where he instructed federal agencies to lean against releasing information when there was uncertainty about how doing so would affect national security. Check out The National Security Archive press release and Editor & Publisher story. Additional resources at Open Congress. [JH]

Tax Legislation Update

President Bush signed H.R. 3648, the Mortgage Forgiveness Debt Relief Act of 2007, [Thomas Resouces | White House Press Release ] yesterday. and H.R. 4118, the Prevent Taxation of Payments to Virginia Tech Victims and Families Act, [Thomas Resouces | White House Press Release ] on December 19, 2007. For coverage of recent tax legislation developments, check out TaxProf Blog's Congressional News. [JH]

Guantanamo is Here

In Guantánamo is Here: The Military Commissions Act and Noncitizen Vulnerability, American University Washington College of Law professor Muneer I. Ahmad examines how the Military Commissions Act of 2006 (“MCA”) allocates rights premised on a distinction between citizens and noncitizens, which, he argues, creates a rights differential supported by neither law nor reason. In the two upcoming Supreme Court cases, Boumediene v. Bush and Al Odah v. United States, the Court will decide whether the MCA constitutionally removes the right of habeas corpus for detainees at Guantánamo Bay. By analyzing the origins of the MCA, and how in its current form the Act “strips [the] substantive and procedural rights of noncitizens only,” Professor Ahmad argues that the ramifications of the Court’s decision may extend well beyond the Guantánamo detainees. For instance, in Al-Marri v. Wright, an attempt has been made to strip habeas rights for an individual detained in South Carolina. In addition, Professor Ahmad explains that the MCA's divide between citizens and noncitizens “contributes to a culture of immigrant vulnerability.” He concludes that the MCA has raised “questions of how, and why, citizenship matters to the availability of the most fundamental protections against the exercise of state power,” and in so doing “has brought Guantánamo to our shores.”

Guantánamo is Here is an American Constitution Society issue brief. Hat tip to UC Davis law prof and Immigration Law Prof Blog editor Kevin R. Johnson. [JH]

Should Fertilized Eggs Have Rights?

"If Colorado for Equal Rights for Human Life and other anti-abortion groups can wrangle 76,000 signatures in the next six months, theirs could be the first state in the nation to vote on whether a fertilized egg should legally be considered a person," reports Rita Healy in Time. Read more about it. [JH}

NSA's Lucky Break: How the U.S. Became Switchboard to the World

Interesting story from Wired.com:

"A lucky coincidence of economics is responsible for routing much of the world's internet and telephone traffic through switching points in the United States, where, under legislation, the U.S. National Security Agency will be free to continue tapping it.

Leading House Democrats introduced the so-called RESTORE Act (.pdf) that allows the nation's spies to maintain permanent eavesdropping stations inside United States switching centers. Telecom and internet experts interviewed by Wired News say the bill will give the NSA legal access to a torrent of foreign phone calls and internet traffic that travels through American soil on its way someplace else."  [RJ]

Investigate Earmarks with EarmarkWatch.org

New resource from the Sunlight Foundation:

"Wondering who's getting all the earmarks? Who's giving them and why? Do earmarks meet pressing needs or pay off political favors? And which are pure pork? EarmarkWatch.org, an innovative new tool from the Sunlight Foundation and Taxpyers for Common Sense, lets you find out for yourself.

Using EarmarkWatch.org, you can exercise citizen oversight of Congress. Dig into the 47 earmarks worth $166,500,000 that Rep. John Murtha inserted (and figure out which benefit campaign contributors). Or take a close look at the $100,000 earmark that Sen. David Vitter secured for an organization that promotes creationism in Louisiana schools. Or the $37 million in earmarks that include defense giant Northrop Grumman as a beneficiary.

Right now, you can investigate earmarks from the House Defense Appropriations Bill and the House and Senate versions of the Labor, Health and Human Services Appropriations bills. Using a host of online resources, you can find out whether recipients of earmarks hired lobbyists, made campaign contributions to members of Congress, or won federal contracts and grants. You can also add information to eamarks others have researched, or comment on what others have found. EarmarkWatch.org provides you with powerful tools to scrutinize and evaluate thousands of earmarks. To get started, create an account and pick an earmark."  [RJ]

New Government Report on the Student-loan Industry

From the Executive Summary:

This report was prepared by the Chairman’s Staff of the Senate Health, Education, Labor
and Pensions Committee (“Committee”) and is the second report setting forth the
findings of an investigation into marketing practices in the Federal Family Education
Loan program (“FFEL”). The report addresses a discrete set of marketing practices,
some of which were addressed in the first report and others which are newly examined
here:

• Some lenders provided donations, services, private loan funds, and other
  benefits to colleges in exchange for preferential treatment with regard to
  student loans, including placement on the college’s preferred lender list;
• Some lenders made improper payments to schools, based on loan volume,
  and gained preferential treatment for FFEL loans in exchange for such
  payments;
• Two lenders entered into an improper agreement with a guaranty agency
  under which (1) the lenders paid the guaranty agency a marketing fee which
  violated the inducements prohibition and (2) the guaranty agency provided
  free personnel to schools in exchange for FFEL market share;
• Some lenders, schools and alumni associations entered into agreements that
  improperly constrained financial aid officers from providing unbiased and
  neutral financial advice to students.

See also, Kennedy outlines more apparent conflicts in new report on student-loan industry, The Chronicle (for subscribers)   [RJ]

Is the Broken Branch on the Mend?

On the day the 110th Congress return from its August recess, September 4, The Brookings's Mending the Broken Branch Project hosted an event to assess Congress's performance to date and what to expect in the coming months. Panelists included Thomas E. Mann, Senior Fellow, Brookings Institution, Sarah Binder, Senior Fellow, Brookings Institution, and Norman J. Ornstein, Resident Scholar, AEI. You can view of video of each panelist's presentation and download a copy of the event material from the below links:

• Video Jump Page
• Is the Broken Branch on the Mend? An Early Report on the 110th Congress (pdf)

The Mending the Broken Branch Project examines policy-making and oversight activity in the 110th Congress as well as action on key issues to provide a complete picture of the legislative branch's efforts to mend itself. The project's origin can be traced to Mann & Ornstein's The Broken Branch: How Congress Is Failing America and How to Get It Back on Track (Oxford UP, 2006). [JH]

SL business sues for copyright infringement

From Reuters:

"Second Life entrepreneur Kevin Alderman filed a copyright infringement lawsuit on Tuesday against Second Life resident Volkov Catteneo, and Alderman’s lawyer said he plans to subpoena Linden Lab to force it to disclose Catteneo’s real-world identity.

Alderman (Second Life name: Stroker Serpentine) runs the adult-content company Eros LLC. One of the company’s most popular products is the SexGen bed, virtual furniture that contains more than 150 sex animations and retails for L$12,000 (US$45.11).

In “Eros LLC vs John Doe,” filed in the U.S. District Court in Tampa, Alderman accuses Catteneo of illicitly copying and selling the SexGen bed for as little as L$4,000, sharply cutting into Eros’ sales.

Filing a copyright infringement case against “John Doe” is an established practice in Internet cases where the defendant’s identity is not initially apparent, said Alderman’s lawyer, Francis Taney of Buchanan, Ingersoll & Rooney. For example, the music industry has filed thousands of “John Doe” lawsuits against people it alleges have illicitly shared music online."  [RJ]

Foreign Intelligence Surveillance Act Amended

The House late Saturday night approved the Republican version of a measure amending the Foreign Intelligence Surveillance Act by a vote of 227-183, with most Republicans and conservative Democrats supporting the bill.

Legislative Material

• S. 1927
• Bill Summary & Status
• All Congressional Actions with Amendments (With links to Congressional Record pages, votes, reports)
• President's Statement on Passage

In the news: 

• House Approves Foreign Wiretap Bill, AP
• Congress gives Bush administration more eavesdropping leeway, CNN.com
• House Approves Changes in Eavesdropping, N.Y. Times
• House Approves Wiretap Measure, Washington Post

Check out our earlier post: Bush Calls on Congress to "Modernize" FISA Because Terrorists Use Disposable Cell Phones, the Internet... (July 29, 2007)  [RJ]

Bush Calls on Congress to "Modernize" FISA Because Terrorists Use Disposable Cell Phones, the Internet...

In the President's July 29, 2007 radio address, Bush called on Congress to modernize to Foreign Intelligence Surveillance Act.

Today we face sophisticated terrorists who use disposable cell phones and the Internet to communicate with each other, recruit operatives, and plan attacks on our country. Technologies like these were not available when FISA was passed nearly 30 years ago, and FISA has not kept up with new technological developments. As a result, our Nation is hampered in its ability to gain the vital intelligence we need to keep the American people safe.

...

To fix this problem, my Administration has proposed a bill that would modernize the FISA statute. This legislation is the product of months of discussion with members of both parties in the House and the Senate -- and it includes four key reforms: First, it brings FISA up to date with the changes in communications technology that have taken place over the past three decades. Second, it seeks to restore FISA to its original focus on protecting the privacy interests of people inside the United States, so we don't have to obtain court orders to effectively collect foreign intelligence about foreign targets located in foreign locations. Third, it allows the government to work more efficiently with private-sector entities like communications providers, whose help is essential. And fourth, it will streamline administrative processes so our intelligence community can gather foreign intelligence more quickly and more effectively, while protecting civil liberties.

...

Congress will soon be leaving for its August recess. I ask Republicans and Democrats to work together to pass FISA modernization now, before they leave town. Our national security depends on it.

Editor's Note: Our civil liberties depend on proceeding with caution. [JH]

Habeus Corpus Restoration Act of 2007

From the CRS Summary:

"Habeas Corpus Restoration Act of 2007- Repeals provisions of the Military Commissions Act of 2006 that eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined by the United States to have been properly detained as enemy combatants (or who are awaiting such determination) and actions against the United States relating to the detention of such aliens and to military commissions (thus restoring habeas corpus rights existing prior to the enactment of such Act).

Allows courts to hear or consider legal challenges to military commissions only as provided by the Code of Military Justice or by a habeas corpus proceeding."

Bill Summary and Status, including Senate Report 110-90  [RJ]

The Presidential Signing Statements Act of 2007

From the press release:

"U.S. Senator Arlen Specter, ranking member on the Senate Judiciary Committee, introduced on Friday legislation to regulate the use of presidential signing statements in the interpretation of an Act of Congress. The Presidential Signing Statements Act of 2007, S. 1747, [Thomas] has been referred to the Senate Judiciary Committee.

“Presidential signing statements can render the legislative process a virtual nullity, making it completely unpredictable how certain laws will be enforced,” Senator Specter said. “This legislation reinforces the system of checks and balances and separation of powers set out in our Constitution.”

The bill seeks to protect the constitutional system of checks and balances by, first, preventing the President from issuing a signing statement that alters the meaning of a statute by instructing the courts not to rely on signing statements in interpreting an act; and second, granting Congress the power to participate in any case where the construction or constitutionality of an act of Congress is in question and a signing statement was issued when the act was signed."

Click here for a copy of Senator Specter’s floor statement.

Senate Passes Energy Bill with Increase in the CAFE Standard

The Associated Press is reporting that in Senate deliberations on H.R. 6, an eleventh-hour compromise was reached to increase average fuel economy by 40 percent to 35 miles per gallon for cars, SUVs and pickup trucks by 2020. Check out H.R. 6 Congressional resources on Thomas. [JH]

Preserving United States Attorney Independence Act, S. 214, Quietly Signed by President Bush

On June 14th, President Bush signed S. 214, Preserving United States Attorney Independence Act of 2007 into law (Public Law No: 110-34). This act removes a provision from the 2005 Patriot Act revision that gave the US Attorney General the power to appoint permanent "interim" US Attorneys, bypassing the need to obtain Senate confirmation. So far, no signing statement from the Bush Administration.

Library of Congress Thomas Resource Page

Check out The Raw Story coverage and take the Daily Kos poll. [JH]

Congress Approves Iraq War Funding Bill Without Withdrawal Deadlines

Congress passed H.R. 2206 [Thomas Legislative Resources] yesterday. As reported by CQ Today, the "Democrats made modest inroads by including benchmarks for the Iraqi government to meet. And the White House will get a bill that includes spending for a variety of Democratic domestic priorities, as well as an increase in the minimum wage. ... [But] the exclusion of a withdrawal timetable, as well as a lack of troop readiness standards or binding consequences for failing to meet the benchmarks, were sore points for many Democrats who voted against the war funding." See also CNN's coverage.

The White House has stated that President Bush will sign the bill into law "without ceremony." Apparently even the White House is sensitive to the tragic irony of signing a bill that will result in more combat deaths during the Memoral Day weekend. [JH]

House Passes Justice Prosecutors and Defenders Act of 2007, Would Repay Law Student Loans

The House passed H.R. 916 by a vote of 341 - 73. The bill would direct the Attorney General to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as: (1) state or local criminal prosecutors; or (2) state, local, or federal public defenders in criminal cases. H.R. 916 also allows a borrower and the Attorney General to enter into an additional loan repayment agreement, after the required three-year period, for a successive period of service which may be less than three years and limits the amount paid under such program on behalf of any borrower to $10,000 per calendar year and $60,000 total. According to the CBO cost estimate implementing the bill would cost $83 million over the 2008-2012 period, with additional amounts spent in later years.

Thomas Legistative Resources for H.R. 916

Bush Vetoes Iraq War Supplemental

Here's the transcript of last night's televised speech. [JH]

Maryland Governor Signs Bill Making His State First to Sidestep Electoral College

From the National Popular Vote press release:

Governor Martin O'Malley [has] signed the National Popular Vote bill (SB 634 | HB 148). Maryland thus became the first state to enact state legislation to guarantee that the presidential candidate who receives the most votes in all 50 states will win the Presidency.

The National Popular Vote bill in Maryland enacts the interstate compact entitled the "Agreement Among the States to Elect the President by National Popular Vote." Identical bills have been introduced by 305 legislators in 47 states around the country.

The Maryland bill takes effect when states cumulatively possessing a majority of the electoral votes enact identical legislation. There are 538 electoral votes in total, and a majority is 270.

Senate Passes Stem Cell Research Bill

The Senate passed the Stem Cell Enhancement Act of 2007 by a margin of 63-34 yesterday. The bill would subsidize stem cell research. The House is expected to adopt the Senate Bill, which President Bush has said he would veto.

• Text of S. 5
• Thomas Legistative Information and Resources
• Text of Administration's Policy Statement

North Carolina Senate Passes Resolution Apologizing for State Government's Role in the Practice of Slavery

The North Carolina measure, which still must be approved by the North Carolina House, follows the lead of lawmakers in neighboring Virginia who passed a resolution apologizing for slavery last February. [JH]

Michigan’s Levin Introduces Bill to Halt ‘Front Loading’ Trend

Interesting piece from CQ Politics:

"Many political analysts and party officials have bemoaned the recent trend of states advancing the dates of their presidential primaries and caucuses earlier than ever on the nomination calendar. California and New York are among the states that are planning 2008 nomination contests for Feb. 5 — which could be a de facto national primary election nine months before the Nov. 4 general election.

Now, a member of the House of Representatives is calling on Congress to curb this “front loading” of presidential primary voting by implementing a more orderly process of selecting presidential nominees."

See also, Interregional Presidential Primary and Caucus Act of 2007, H.R. 1523, 110th Cong. (2007).

National Opinion Leaders on NSL Revelations

While today's Washington Post editorial address the misuse of national security letters by the FBI, today's New York Times editorial uses the recent NSL revelations as a springboard to criticize the job performance of Attorney General Alberto Gonzales.

The Washington Post editoral: Abuse of Authority,The FBI's gross misuse of a counterterrorism device (lead paragraph):

The expansion of law enforcement powers approved by Congress after Sept. 11 and contained in the USA Patriot Act was conditioned on the notion that these new authorities would be carefully used and closely monitored. An infuriating report released Friday by the Justice Department's inspector general, Glenn A. Fine, demonstrates that the Federal Bureau of Investigation treated its new powers with anything but that kind of restraint. The report depicts an FBI cavalierly using its expanded power to issue "national security letters" without adequate oversight or justification.

The New York Times editorial: The Failed Attorney General (lead paragraph):

During the hearing on his nomination as attorney general, Alberto Gonzales said he understood the difference between the job he held — President Bush’s in-house lawyer — and the job he wanted, which was to represent all Americans as their chief law enforcement officer and a key defender of the Constitution. Two years later, it is obvious Mr. Gonzales does not have a clue about the difference.

Our earlier posts:

• "Bipartisan Outrage" Over NSL Revelations; Patriot Reauthorization Act Sheds Light on Rule of Law or Lack Thereof (March 10, 2007)
• FBI Guilty of "Serious Misuse" of Patriot Act's National Security Letters (March 9, 2007)

[JH]

"Bipartisan Outrage" Over NSL Revelations; Patriot Reauthorization Act Sheds Light on Rule of Law or Lack Thereof

"Bipartisan outrage erupted on Friday on Capitol Hill as Robert S. Mueller III, the F.B.I. director, conceded that the bureau had improperly used the USA Patriot Act to obtain information about people and businesses." -- David Stout, F.B.I. Head Admits Mistakes in Use of Security Act, New York Times (March 10, 2007)

Number of NLS Requests, 2003-2005

Number of NSL Requests Reported to Congress Relating to US Persons and Non-US Persons

Summary of Possible Violations

How the FBI Uses National Security Letters

All of a sudden almost everyone seems to have jumped on the Rule of Law bandwagon, including our nation's law enforcement establishment. [Wikipedia on the Rule of Law] This is the initial reaction to the DOJ Inspector General's audit of the FBI's (mis)use of National Security Letters pursuant to the US PATRIOT Act.

Attorney General Alberto Gonzales and FBI Director Robert S. Mueller have acknowledged the FBI's wrongdoing. Gonzales has ordered the FBI and the Department to "restore accountability and to put in place safeguards to ensure greater oversight and controls over the use of national security letters." According to Fact Sheet: Department of Justice Actions on FBI Use of National Security Letters (March 9, 2007), the Attorney General's directives include:

• The FBI Inspection Division will investigate the FBI's use of NSLs to determine management accountability.
• Although there has been no allegation of misconduct by FBI lawyers, the Attorney General asked the Associate Deputy Attorney General and the Office of Professional Responsibility to review the Inspector General's report and examine the role that the FBI lawyers played in the FBI's use of NSLs and exigent letters.
• The FBI has instituted new procedures to improve the handling of NSL records and increase training on the proper use of these letters.
• The Attorney General has directed the Justice Department's National Security Division (NSD) and Privacy and Civil Liberties Office to work with the FBI in implementing corrective actions, consider any further review and reforms that are needed, and to report to the Attorney General regularly on the process.
• The Attorney General has directed the NSD to begin oversight and auditing of the FBI's use of NSLs. The NSD, in conjunction with the FBI's inspection division, will conduct reviews of the use of NSLs in FBI headquarters and field offices.  Any identified violations of law or guidelines will be reported to appropriate oversight authorities. This is a new level of oversight by Department of Justice lawyers with years of experience in intelligence and law enforcement.
• The Attorney General has ordered that briefings on the IG's report be given to the President's Foreign Intelligence Advisory Board, the Privacy