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Morning Docket: 09.13.07

* DOJ decides against filing hate crime charges in torture prosecution. [MSNBC]

* Another day, another perjury. [Newsweek]

* Fred Thompson's legal work at Arent Fox scrutinized. [MSNBC]

* Criminal trial begins for leader of polygamist FLDS sect. [CNN]

* Harvard nursing mother sues med boards over exam breaks. [New York Times]


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Comments

First. James First.

Let me get this straight. They kidnapped, raped, tortured, stabbed, force fed her rat and dog feces, and made her drink out of a toilet all the while screaming racial slurs at her, but that doesn't qualify for a hate crime? You hear that Mike Vick? Next time torture a human and you might get off a little easier. Where's the f*cking outrage for human beings?

Did you read the article? it says that state law carries stiffer penalties than the Federal Hate Crime- they are seeking the max. punishment.

I read the article and have been following this story since it first broke. It doesn't have to be an either/or situation. The feds can still file charges in addition to the state charges (you know kind of like VA is considering bringing state charges against Mike Vick). Three of the perpetrators aren't facing the more serious kidnapping and sexual assault charges, so the hate crime charge would likely increase their sentences.

these subhuman piles of shit should be prosecuted to the fullest extent of the law. the feds should be ashamed of themselves if they don't do anything in their power to assure it is impossible for these mouthbreathers to ever see the light of day again.

Ok, so Thompson spent 3.3 hours researching and writing a memo on jurisdictional issues in international law (that just happened to involve terrorism)?

O Y DUZ HE HAET AMURICA???

On the breastfeeding article-

I'm thinking of asking for a special room during the bar exam to jack off in during breaks, as well as extra time to do so. Otherwise, I run the risk of blue balls and poor exam performance.

wow. that Massachusetts SS marriage question really got to you, huh?

The real story is that the Libyans get billed in 10ths of an hour rather than quarters

It looks like the feds haven't ruled out a hate crime prosecution yet; they just don't plan to go for it now. And one of the factors they seem to be considering is that it appears the victim had a prior relationship to at least one of the alleged attackers, which might make it harder to convince a jury that it was racially motivated. But rest assured that there's A LOT of outrage about the crime around here right now, and people are calling for the attackers' heads.

Re: the hate crime article.

According to the article, the DOJ is deferring to the local prosecution. Does that mean they're not going to prosecute or what? Because it sounds like they're bowing out.

And what gives with the "pursing other charges first" in West Virginia? It's completely permissible to charge them with the non-hate crimes violations right along with the hate crime allegation. Unless there's something wacky about West Virgina hate crimes legislation that I don't know about.

On another note, a jury always has its own mind, but is it really so crazy to think that a hate crime can be perpetrated against someone the defendant knows? I find the logic troubling - the fact that the victim knew at least one of her attackers means that their motivations weren't racially motivated? This smacks of the logic behind "Oh, she was wearing a short skirt at night, so she deserved it."

1:54 -- I'm not necessarily defending their logic, but I think what they're saying is that, since the ringleader had previously been charged with domestic battery against this same victim, they have some reason to think it might be a domestic case with regard to him. But from what's come out about some of the others involved -- e.g., it was one of the women who said the bit about "this is what we do to n***ers here" -- it certainly seems they should at least keep the option on the table. And even if it is at least partially a domestic case, that doesn't mean it wasn't motivated in part by racial hatred.
My concern is that the US Attorney's attitude might be an example of the DOJ's general failure under this administration to prosecute hate crimes and to pursue other race-related litigation.

11:58-

It's just so distracting when I think of gays thinking they can get married like God-fearing U.S.-Americans (I'll work on my tone. My first post was intended to be tongue in cheek).

"like God-fearing U.S.-Americans"

Funny video:
http://www.youtube.com/watch?v=63sMyCAJXEY