President Obama signed into law this afternoon legislation that will protect people who are attacked because of their sexual orientation, gender or disability.

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act makes the most significant changes to federal hate crimes law since the approval of a 1968 bill that covered crimes carried out on the basis of religion, race, color or national origin.

The legislation was part of the defense authorization bill that passed the Senate by a 68-29 vote last week. The House approved the defense bill Oct. 8 by a 281-146 vote.

David Hoffman (Hoffman for Senate)

A fundraising appeal to federal prosecutors has become a campaign issue in the Illinois Senate race.

Among the candidates vying for the Democratic nomination to fill President Barack Obama’s old Senate seat is former federal prosecutor David H. Hoffman. Hoffman, who is running on an anti-corruption platform, has sought campaign donations from his former colleagues in the Northern District of Illinois U.S. Attorney office.

Because prosecutors don’t earn the big bucks, Hoffman suggested a modest donation of $150 in this fundraising event flier. But one of his challengers had found reason to complain — not because the prosecutors are giving too much, but because they are asked to give too little.

Illinois state treasurer Alexi Giannoulias has pointed out that donations of less than $200 do not require the donor to report his or her name and employer to the Federal Election Commission, The Huffington Post reported.

Giannoulias then accused Hoffman, a former inspector general for the City of Chicago, of not being transparent.

Alexi Giannoulias (Alexi Giannoulias for Illinois)

Giannoulias wants Hoffman to cancel the fundraiser and return any donations he has received from current prosecutors. Giannoulias campaign manager Tom Bowen said in a statement: “The last thing the Illinois culture of corruption needs is political candidates soliciting the lead agency responsible for investigating corruption.” He added: “If we are going to be serious about reform, we have to act seriously. Hoffman should cancel the fundraiser, refuse money from current federal prosecutors and refuse to take contributions from employees of the U.S. Attorney’s office.”

Hoffman spokesman Thom Karmik released the following statement:

“Alexi Giannoulias just retired the award for political hypocrisy. For months, he’s been trumpeting the lie that he’s emulating Barack Obama’s ethical standards by not taking corporate PAC money. But Obama swore off all PAC money in his presidential campaign. By taking thousands of dollars in non-corporate PAC money, Alexi’s failed to meet Obama’s standard while trying to fool the voters.

“Among Alexi’s latest PAC contributions is one from the Community Bankers Association. That association is leading the fight in Washington against President Obama’s efforts to pass tougher financial regulations to protect consumers. Instead of throwing stones from his glass house, Alexi ought to return that contribution.

“And while he’s at it, he can reveal for the first time how many millions of dollars in dividends he took out of his family bank while its loans were failing and the FDIC put it on its “watch list.” Perhaps that’s why he’s refusing David’s challenge to release his tax returns for the past five years – another standard Barack Obama set that Alexi’s refused to honor.”

Attorney General Eric Holder is the latest senior government official to have his name misused by spammers, according to an FBI statement released yesterday.

The spam e-mail tells recipients that the FBI and Department of Homeland Security are investigating them for terrorism and money laundering crimes, according to the FBI. Then, the spam email tells recipients can contact the Economic Financial Crimes Commission chairman through an e-mail address provided in the spam e-mail and pay $370 to prevent their prosecution, the FBI said. It isn’t clear from the FBI statement how the spammers invoke Holder’s name.

“Government agencies do not send unsolicited e-mails of this nature,” the FBI statement said. “The FBI, Department of Justice, and other United States government executives are briefed on numerous investigations, but do not personally contact consumers regarding such matters. In addition, United States government agencies use the legal process to contact individuals. These agencies do not send threatening letters/e-mails to consumers demanding payments for Internet crimes.”

The FBI said victims of Internet crimes can file complaints here.

The recently confirmed Western District of Virginia U.S. Attorney plans to focus on prescription drug and gang crimes at the Roanoke, Va.-based office, the local NBC affiliate reported today.

Timothy Heaphy (McGuire Woods)

Timothy Heaphy, who was sworn in earlier this month, told WSLS that prescription drug abuse is a major problem in Western Virginia.

“We need to build larger cases,” Heaphy told the television station. “The way you stop this is by really going after the people who make money.”

The U.S. Attorney also told WSLS that he will address gang crime in the Western District. Heaphy said he will work to secure grant money to fight gang crime.

“There’s no question that in small cities like Roanoke, or Danville, or Charlottesville, we have gang membership and gang recruitment,� he told the television station.

Heaphy previously served as the office’s anti-gang coordinator in the Charlottesville branch from May 2003 to December 2005. He told WSLS that he plans to commute from his home in Charlottesville to Roanoke several days a week, though it will be tough on his family.

Joshua Marquis (gov)

Sen. Ron Wyden (D-Ore.) on Wednesday announced his recommendations for Oregon’s U.S. Attorney.  Read the news release here.

The finalists are Josh Marquis, Amanda Marshall and Kent Robinson.

Kent Robinson (gov)

Marquis has served as the district attorney for Clatsop County since 1994. He previously was the chief deputy district attorney for Deschutes and Lincoln counties. Marquis also worked as a deputy district attorney for Lincoln and Lane counties.

Amanda Marshall (facebook)

Marshall is a child advocacy lawyer for the Oregon Department of Justice. She has a Facebook page promoting her candidacy here.

Robinson is the district’s acting U.S. Attorney. From 2007 until earlier this year, he was the district’s First Assistant U.S. Attorney. From 2001 through 2007, he served as the chief of the criminal division in the district.

The omission of Oregon Assistant U.S. Attorney Dwight Holton from the list came as a surprise, according to Willamette Week in Portland.

The newspaper said:

Going into the weekend, many insiders speculated that Dwight Holton, an assistant U.S. Attorney was likely to be one of three finalists. The son of a former Virginia governor and the brother-in-law of current Virginia governor and Democratic National Committee boss Tim Kaine, Holton is connected, as well as being a well-regarded prosecutor.

Wyden appointed a 13-member selection committee to make recommendations for the senators to consider. The panel also considered Clackamas County District Attorney John Foote and Benton County District Attorney John Haroldson, but their names also weren’t on the final list sent to the White House. President Barack Obama ultimately will select and nominate the U.S. Attorney.

Assistant Attorney General Tony West (Steve Bagley/Main Justice)

The Assistant Attorney General for the Civil Division of the Department of Justice made a public appearance today to mark the American Bar Association’s Pro Bono Week festivities.

Tony West, confirmed in April to his post at the top of the Civil Division after a January nomination, led a panel discussion with three lawyers who focused on getting legal aid to members of DC’s low income community.

“These are families that make less than $25,000 a year—roughly one million cases that are rejected every year. And that need is growing. This year alone, requests for services have risen by 30 percent or more in some areas of the country,” West said.

West added: “The government can’t solve this problem alone. We need to do more.”

The Obama administration would increase funding to the Legal Services Corporation, a national nonprofit created by Congress that uses government funding to provide legal services to America’s low income community, West said. It would also allow LSC lawyers to “collect fees, participate in class action lawsuits and ensure that non-LSC funds used by LSC grant recipients are not unfairly restricted.”

West led a panel of luminaries in the District’s pro bono world, featuring George Washington University professor Peter Edelman, Chair of the DC Access to Justice Commission; Maureen Syracuse, Director of the DC Bar Pro Bono Program and Chair of the DC Consortium of Legal Service Providers; and Eric Jackson, Vice Chairman of the DC Bar Pro Bono Committee and partner at Jenner& Block.

In wrestling with how to close what West referred to as the “justice gap,” the panelists spoke at length about economic problems plaguing the legal world.

Syracuse described the economic climate as a “perfect storm” for pro bono. While law firms are deferring or even rescinding new hires, more people are walking into the Pro Bono Program’s office looking for help to deal with debt, housing problems or tenants’ rights issues she said.

“There’s a great deal of pressure on nonprofit social services providers,” Syracuse said. “The coming year is going to be harder than the one we just finished.”

Edelman offered evidence from a report by the Access to Justice Commission. “The number of people not represented in courts is just astonishing,” he said, ticking off the following statistics: 98 percent of tenants who go to court over disputes with their landlords are not represented; 98 percent of domestic violence victims are unrepresented; 98 percent of domestic paternity plaintiffs are not represented.

These pro se cases have a much smaller chance of rulings in the plaintiff’s favor, Edelman said.

There were few ideas, however, about how to close the “justice gap.” The panelists seemed stumped by economic realities on the ground. Jackson echoed Syracuse’s dire forecasts of the legal job market. “These are just unprecedented times for law firms,” he said, with the layoffs and associate deferrals.

Syracuse told the audience that lawyers across Washington wanted to do more pro bono work.”The culture is still alive and well, though it’s existing in a very troubled time.”

Syracuse plugged efforts by her organization to reach out to Washington’s Spanish speaking community by holding open houses in Columbia Heights and other heavily Latino neighborhoods. “I probably haven’t been able to convey to you the number of people who have walked into our office,” Syracuse said.

Syracuse added: “We’re really hoping and counting on the government lawyers.”

Edelman told West that federal funding is “just vital” if private law firms and pro bono agencies were going to meet demand for free legal aid.

The former government lawyer who supervised more than 4,000 claims and more than 1,400 lawsuits against the U.S. in the aftermath of the flawed 1976 swine flu vaccination program says that despite the risks, emergency workers must be required to get the H1N1 vaccine.

Jeffrey Axelrad, director of the U.S. Department of Justice’s Torts Branch from 1977 to 2003 and now a George Washington University professor, wrote a syndicated op-ed for McClatchy-Tribune News Service this month supporting the mandatory vaccination of emergency workers.

Jeffrey Axelrad (GWU photo)

“As a condition of employment, employers must direct these personnel to receive shots and the employee must follow this direction or lose their jobs, absent a special excuse. This action to protect the general public is unpalatable but necessary,” said Axelrad.

Axelrad called the 1976 program “ill-fated” and “entirely unnecessary.” It vaccinated 46 million people, but around 4,000 people claimed to have developed Guillain-Barre syndrome (GBS), a neurological disease that can lead to paralysis and even death.

“Mighty few instances of the flu were reported in the run-up to the height of the fall program, and the few instances dropped off as the season grew closer,” said Axelrad of the 1976 campaign. “Policy for the potential 2009-10 swine flu pandemic should not be based on what did not happen in 1976.”

Wrote Axelrad:

Here is why: This year, H1N1 flu is the predominant flu strain being reported to the Centers for Disease Control; flu levels remained above normal during the summer; and reports are increasing.

These facts stand in dramatic contrast to 1976, although the decision to tout the current seasonal, non-swine flu vaccine arguably might be somewhat analogous to 1976’s policy misjudgment.

Moreover, the current H1N1 flu appears to strike younger, otherwise healthy people hardest, leading to the real prospect of massive serious morbidity and avoidable deaths.

The evidence, collected by Dr. Mark A. Miller and others in their authoritative June 2009, New England Journal of Medicine article, and confirmed by the flu reports CDC recently summarized is compelling: The potential for more than an epidemic — even a pandemic — is real. If this flu continues on its current track, millions of Americans may well need medical assistance all at once.

American Airlines and British Airways will have to wait longer to get a green light from antitrust regulators on their proposed alliance to schedule, price, and market flights jointly, according to a story this morning in the Wall Street Journal.

The delay, the Journal said, comes because the Justice Department’s Antitrust Division and the Department of Transportation have not resolved their differences over the competitive aspects of the deal.

A ruling, originally due on Oct. 31, will be pushed back for at least two weeks, according to the Journal’s unnamed sources.

“There are some long standing and deeply ingrained differences in approach between the Justice Department and the Transportation Department,” Kenneth Quinn, a former DOT lawyer and current co-head of the aviation practice at Pillsbury Winthrop Shaw Pittman, said in an interview with Main Justice.

While Justice tends to focus on competition in specific flights–JFK to Heathrow, for example–the Transportation Department looks at the broader implications and connections between flights for travelers, Quinn said.

The inter-agency fight is a repeat of disagreements over a similar deal that Continental struck with nine airlines in the Star Alliance earlier this year. Then, White House economic advisor Lawrence Summers was called in to mediate. Maybe he should expect another call. “I wouldn’t be surpised to see this also come to a head,” Quinn said.

A new audit report by Department of Justice Inspector General Glen Fine says the Federal Bureau of Investigation has been slow to complete translations of electronic data collected in foreign languages. But the Bureau has shown improvement, according to the report, which was released today.

While the FBI managed to slog through 4.8 million pages of foreign-language texts from 2004 to 2008, the agency had only translated two thirds of its backlogged electronic information from the same period. That left 25 percent of its audio from 2005 to 2008 untranslated. The agency’s translation staff was also reduced, from 1,338 in 2005 to 1,298 in 2008. According to an article in the New York Times, The FBI met its hiring targets in 2008 for only two of 14 targeted languages.

In 2004, Fine wrote, there were “significant backlogs” of audio information collected on the FBI’s “highest priority” cases. In 2005 that backlog, even on the most important cases, had increased, and the FBI “was not prioritizing” the translation of the material, the report said.

For fiscal year 2008, according to the OIG audit, the FBI recorded almost 880,000 hours of audio in foreign languages and English, 1.6 million pages of text and almost 28 million electronic files.

While Fine’s report praised the FBI for its catch-up efforts, the Inspector General noted that the FBI left more than 180,000 hours of data in terrorism and counterintelligence investigations untranslated. The recommended the FBI improve its quality control standards for its translators and revamp its record-keeping system to better keep track of its data.

It’s crucial the FBI have the resources to translate non-English material, the OIG report said, because “without accurate and timely translations, the FBI’s ability to effectively investigate criminal enterprises that communicate in a foreign language is severely hampered.”

FBI Deputy Director John Pistole said in a written statement that the FBI’s translation efforts were making progress. “With regard to counterintelligence collections, we are doing a careful job of prioritizing and monitoring the most important material,” Pistole said.

The FBI released another statement on its Web site in response to the OIG’s audit, in which it described further efforts to improve its translation operation, including a two-week crash course for new department linguists, “and the establishment of the Quality Control Standards Unit, which ensures compliance with the linguist quality control standards.”

Since the World Trade Center attacks on Sept. 11, 2001, the FBI said, its effort to translate foreign language data and information has doubled.

Sen. Chuck Grassley (R-Iowa), a member of the Senate Judiciary Committee, released a statement urging the FBI to redouble its efforts. ‘These shortcomings just make it harder to get the bad guys,” Grassley said in the written statement. “The FBI needs their feet held to the fire in order to make substantive changes in the translation area.”

In 2002, Chris Christie drove the wrong way down a one-way street and hit a motorcycle, sending the rider to the hospital. The state’s U.S. Attorney at the time, Christie was not ticketed for the incident.

Now, Christie is the Republican candidate for New Jersey governor, and his Democratic opponent, Gov. Jon Corzine, released an ad saying: “Christie threw his weight around as US Attorney and got off easy” in that and other traffic incidents.

During an interview today on Fox and Friends, Christie addressed Corzine’s allegations that he abused his authority as a U.S. Attorney, TPMDC reported. ”I was not driving the wrong way down a one way street and the Governor knows it,” Christie said. “I didn’t hit someone, they hit me.”

What’s odd about Christie’s comments — although they are “technically accurate,” according to TPMDC –  is that they are in conflict with Christie’s own story in the police report filed about the 2002 accident. In the report, Christie and the motorcyclist gave matching stories: Christie turned in front of the motorcyclist, quickly realized his mistake, but the motorcycle fell and slid onto his car, TMPDC reported.