The Senate Armed Services and Judiciary Committees began consideration today of Bush's latest proposal for trying detainees. It's a sandbag, as worse if not worse than the plan thrown out by the Supreme Court in June. Call your Senator and tell them to vote against it and insist that detainees be tried under standards that meet the Uniform Code of Military Justice and the Geneva Conventions. As the ACLU states in a new press release:

Specifically, the White House proposal would: gut the enforceability of important Geneva Convention protections; allow the use of evidence obtained through cruel, inhuman, and degrading treatment during interrogations; take the unprecedented step of allowing the federal government to convict a defendant based on secret evidence; bar a defendant from being present at his own trial; and allow the use of the types of hearsay evidence banned from every military and civilian court in America.

The ACLU's July 31 letter outlining the deficiencies is here. The Washington Post reports:

Here's an example of how tougher punitive immigration bills can be misapplied:

Prosecutors in Arizona have charged two volunteers who say they tried to save the lives of three sick migrants stranded in the desert with felony charges of transporting illegal immigrants. If convicted, Daniel Strauss, of Manhattan, and Shanti Sellz, of Iowa City, Iowa, both 24, could face up to 15 years in federal prison and a half-million-dollar fine.

...in court papers, the Border Patrol contended the work of the faith-based group No More Deaths was encouraging migrants to cross illegally into the United States. The agency also contended group leaders were warned volunteers could be arrested. The leaders dismissed the arguments as absurd.

Daniel Strauss had this to say:

(National Lawyers Guild Photo)

A federal judge in San Francisco has jailed blogger-journalist Josh Wolf, age 24, for refusing to turn over videotapes he took at an anti-capitalist protest last year and to testify before the grand jury.

The protest, tied to a Group of 8 meeting of world economic leaders in Scotland, ended in a clash between demonstrators and the San Francisco police, with one officer sustaining a fractured skull. A smoke bomb or a firework was also put under a police car, and investigators are looking into whether arson was attempted on a government-financed vehicle.

....Mr. Wolf, who posted some of the edited video on his Web site, and sold some of it to local television stations, met with investigators, who wanted to see the raw video. But Mr. Wolf refused to hand over the tapes, arguing that he had the right as a journalist to shield his sources.

A portion of the video is posted here. The San Francisco Chronicle has a more detailed article here. Josh Wolf's mom is posting on his blog .

For those of you sweltering in the East, here's Martha and the Vandellas and Heat Wave:

Below the fold is the Who performing "Heat Wave" in Germany in the 60's.

The war in Lebanon is escalating. Israel has captured 7 Hezbollah soldiers in Baalbek, Lebanon, a Hezbollah stronghold, and taken them to Israel.

The BBC's Bethany Bell in Jerusalem says many in Israel expect the fighting to intensify over the next few days. Israel launched the current offensive after Hezbollah militants seized two of its soldiers in a cross-border raid.

Another BBC analyst says despite what Condoleezza Rice said today about a cease-fire by the end of the week, it's not likely.

Did Ms Rice misread the Israeli mood, which seems to be more committed than perhaps some optimistic outsiders have realised? ....Much depends on what the US does, but Condoleezza Rice herself is in a difficult position. She has in effect promised but delivery is uncertain. Will she be sidelined by a President Bush unwavering in his support for Israel?

by TChris

The conflict between reporters who want to protect their sources and prosecutors searching for leakers is in the news again. So is Judith Miller, and again the reporters are losing in court.

Someone told Miller and another reporter, Philip Shenon, that the government was poised to seize the assets of two Islamic charities. The charities were allegedly tipped to the government's plan when the reporters contacted them to get their reactions to the upcoming raid. Prosecutors want to know who tipped the reporters.

In a 2-1 decision, the Court of Appeals for the Second Circuit held that the government's interest in learning the identity of the leaker outweighs the interest of a free press in protecting its sources.

A few weeks ago Lewis "Scooter" Libby notified the court it would seek to introduce the testimony of a memory expert at trial. In March, Harvard psychology professor Daniel L. Schacter told NBC News he was Libby's expert, which a member of Team Libby confirmed.

Yesterday, Libby filed his "Rule 702" advisement of the proposed expert's testimony and the bases and reasons for it. The expert is not Dr. Schacter but Robert Bjork from UCLA. The New York Sun has more.

Surely this should have been the final blow to Katherine Harris' senate campaign.

The state Republican Party bluntly told Rep. Katherine Harris that she couldn't win this fall's Senate election and that the party wouldn't support her campaign, a letter obtained Monday by The Associated Press shows.....The letter said: "Katherine, though it causes us much anguish, we have determined that your campaign faces irreparable damage. We feel that we have no other choice but to revoke our support.

"The polls tell us that no matter how you run this race, you will not be successful in beating Bill Nelson, who would otherwise be a vulnerable incumbent if forced to face a stronger candidate," it said.

But no, Harris could care less. The day after receiving the letter in May she placed her name on the September primary ballot. She says those that signed the letter were pressured into doing so.

Received by e-mail:

The Harvard Civil Rights-Civil Liberties Law Review is publishing its first ever article written by a prison inmate, Thomas C. O'Bryant, who is a jailhouse lawyer serving two consecutive life sentences in prison without hope of release. Having taught himself the law from prison, O'Bryant has represented himself and other inmates in numerous criminal and civil lawsuits in state and federal courts over the past ten years.

In his law review article, O'Bryant describes the difficult process that he and other indigent inmates must endure to challenge their state convictions. O'Bryant argues that the combination of federal laws and stringent prison conditions make it impossible to challenges wrongful convictions effectively. O'Bryant describes his own case, in which his lawyer assured him that if he pled guilty, he would be eligible for release after ten years, even though he discovered from prison that he would never be eligible for release.

The entire summer issue of the Journal, including O'Bryants article, is available here.

Mel Gibson has entered rehab for alcoholism treatment. He has also issued a statement denying he is an anti-semite and asking to meet with Jewish leaders of the community.

Please know from my heart that I am not an anti-Semite. I am not a bigot. Hatred of any kind goes against my faith.

I'm not just asking for forgiveness. I would like to take it one step further, and meet with leaders in the Jewish community, with whom I can have a one on one discussion to discern the appropriate path for healing.

Unlike his apology of the other day, this one directly acknowledges his hateful comments towards Jews:

An era may be coming to an end. Cuban leader Fidel Castro handed over the reins of power Monday to his brother Raoul Castro following surgery. Apparently, the 79 year old Fidel, who has outasted nine U.S. Presidents, developed complications.

White House reaction:

White House spokesman Peter Watkins said: ''We are monitoring the situation. We can't speculate on Castro's health, but we continue to work for the day of Cuba's freedom.'' The State Department declined to comment Monday night.

Major General Geoffrey Miller, former commander of Guantanamo, has resigned. You can read his letter here. (pdf.)

Miller chose to retire without seeking promotion and a third star, in large part because his legacy has been tarnished by allegations of abuse at Iraq's Abu Ghraib prison and the U.S. detention facility at Guantanamo Bay, according to military officials and congressional sources. Miller had hoped to retire in February, but his departure was delayed because members of the Senate Armed Services Committee wanted to question him while he was still in uniform about his role in implementing harsh interrogation techniques at the two prisons.

Miller was allowed to retire only after he assured members of the Senate panel in writing that he would make himself available to testify if called. Congressional sources from both political parties said yesterday that they were not satisfied with several investigations into Miller's actions while he was commander at Guantanamo Bay and are still skeptical of his truthfulness in Senate testimony after the Abu Ghraib abuse surfaced in spring 2004.