* In a Supreme Court decision split across gender lines, prosecutors can now get a do-over on criminal charges without double jeopardy, even if an otherwise deadlocked jury unanimously rejected them. [New York Times]
* And yet another day ended without a verdict in the John Edwards campaign finance trial, but the jury asked to review every exhibit in the case. The former presidential candidate must feel like he’s being punk’d. [CNN]
* The DOJ found that two prosecutors in the Ted Stevens case committed reckless professional misconduct punishable by unpaid time off. Looks like they’ll be getting an extended Memorial Day break. [Blog of Legal Times]
* Hot on the heels of Obama’s announcement in support of gay marriage, yet another California judge has found that DOMA is unconstitutional (along with a provision of the tax code). [Poliglot / Metro Weekly]
* Occupy Wall Street is suing for $48K over the destruction of the group’s “People’s Library” after their eviction from Zuccotti Park. But let’s get real, who wants used books that reek like patchouli and pot? [Bloomberg]
* More than one million “de facto spouses” in Quebec may soon be automatically married by the state against their will. Imagine how much fun it’ll be to get a divorce from someone you never actually married. [Slate]
* Two waitresses who claim they were fired for complaining about their former employer’s “no fatties” policy will get to bring their $15M lawsuit before a jury. Hopefully Peter Griffin isn’t a juror. [Law & Daily Life / FindLaw]
Thanksgiving is just a few days away. But at the U.S. Department of Justice, there might not be a lot to be thankful for. Most of the DOJ-related news floating around right now is depressing.
A court-appointed investigator, Henry F. Schuelke, just issued what the New York Times described as a “scathing” report on one of the DOJ’s most prominent prosecutions in recent years. Schuelke concluded that the prosecution the late Senator Ted Stevens “was ‘permeated’ by the prosecutors’ ‘serious, widespread and at times intentional’ illegal concealment of evidence that would have helped Mr. Stevens defend himself at his 2008 trial.” Ouch.
(The good news, from the Department’s perspective: a recommendation against criminal prosecution of the DOJ officials involved in the case. That’s something to be thankful for, I suppose.)
Alas, that’s not all for depressing dispatches out of the Department. Let’s discussing the hiring freeze, and the state of Honors Program offers….
* This is one former Clintonite that Obama won’t tap for his cabinet. California lawyer Wade Rowland Sanders, a deputy assistant secretary of the Navy under Clinton, was netted in a child porn investigation, with a whopping 600 images on his computer. [CNN]
* There are many reasons to object to the U.S. taxpayers bailing out financial services companies, but this is the most creative by far. The Thomas More Law Center has filed suit against Treasury Secretary Henry Paulson and the Federal Reserve. The non-profit law firm that promotes conservative Christian values says Paulson & co. are promoting Shariah law by bailing out AIG. [Fox News]
* Those Brazilians really love their caipiriihinas with their cars. Party-loving Brazilians chafe under the country’s new “dry law.” Critics of the zero tolerance for drunk driving crackdown liken it to “terrorism,” calling it unconstitutional and authoritarian. [Washington Post]
* The FBI whistleblower in the Ted Stevens case is alleging wrongdoing by the prosecution. The former Alaskan senator’s attorneys request once again that the case be dismissed or a new trial held. [Politico]
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