Apartheid Justice in America



“Where there is injustice for one, there is injustice for all.”

Martin Luther King

In the three years that Jose Padilla has been locked away in solitary confinement, the government has been unable to cobble together enough evidence to even charge him with a crime. They have nothing on him, just the ever-changing claims of a Justice Dept that shows less respect for justice than it does for personal liberty.

Originally, Attorney General John Ashcroft claimed that Padilla was a “dirty bomber” who intended to detonate nuclear material within the US. Two years later, Ashcroft reversed his claims saying that Padilla was planning to blow up apartment buildings with natural gas pipelines. Just recently, the government changed its story for a third time, saying that Padilla was “on the battlefield” in Afghanistan which made him an enemy combatant. This last twist to the story came in response to the ruling in Hamdi vs. Rumsfeld which allows the government to indefinitely detain any American citizen “picked up off the battlefield” while fighting the US.

It’s a fabrication, of course, but the DOJ doesn’t mind the sloppiness of the deception as long as their goals are achieved; in this case, the permanent imprisonment of an American Muslim.

The Padilla case is of particular interest now that we have a genuine case of domestic terrorism we can use for comparison.

Last week, Earl Krugel was sentenced to 20 years in prison for his role in plot to bomb a mosque and a US congressman’s office near Los Angeles. Krugel was an active member in the Jewish Defense League (JDL), a radical Jewish organization founded by Rabbi Meir Kahane who “advocated the forceful removal of Arabs from Israel”. The JDL received considerable negative attention in 1994 when one of its members, Baruch Goldstein, went on a shooting-spree in a mosque in Hebron killing 29 Muslim worshippers and wounding approximately 100 others. Goldstein had gained notoriety earlier as a physician in the IDF (Israeli Defense Force) for “refusing to treat non-Jews, even those serving in the IDF”. This history of violence and bigotry helps us to understand the background for Krugal’s homicidal intentions. He emerged from a culture of religious and sectarian hatred.

Krugel was caught red-handed in “a conspiracy to violate the civil rights of worshippers at Culver City’s King Fahd Mosque and one count of carrying an explosive device in connection with a conspiracy to impede or injure Republican US Rep. Darrell Issa”. (Seattle Times) The evidence against him was overwhelming.

US District Court Judge Ronald Lew threw the book at Krugal saying that his actions “promoted hatred in the most vile way”. He sentenced him to the maximum of 20 years. Unfortunately, the unrepentant Krugal knows a great deal more about the conspiracy then he is willing to admit and has failed a polygraph test 5 times.

“You are not a changed person,” said Judge Lew. “You have more to give.”

Regrettably, only a handful of newspapers published this appalling story of domestic terrorism. It is impossible to explain why the Jewish Krugal escaped the media’s attention while the uncorroborated allegations against the Muslim Padilla attracted widespread coverage in both TV and the print media.

It is even more difficult to grasp why one man is locked away without any chance to defend himself against baseless accusations, while another is given full access to the legal system. We can only assume that there are no longer any objective standards for measuring guilt or innocence, just the fickle inclinations of the men in power. The cases of these two men were decided on the basis of religion alone; a clear indictment of the existing system. By Bush’s standards, Krugal should have been promptly shunted off to Guantanamo to join the countless other terror-suspects who have been completely denied due process. Instead, he was granted a lengthy trial and given every opportunity to acquit himself. Padilla, on the other hand, has been arbitrarily stripped of his civil liberties, with no prospect of establishing his innocence.

Krugal is a radical, a terrorist, and a murderer. Never the less, he has every right to be charged with a crime, to face his accusers, to have an attorney for his defense, to produce witnesses on his behalf, and to be tried by a jury of his peers. These same principles were honored when Timothy McVeigh was charged in the bombing at Oklahoma City and the system worked effectively. Padilla is entitled to these very same rights.

The law is more important than Krugal or the injury he might cause; just as the presumption of innocence is more important than the loss of innocent lives. The law is the only shield the citizen has against the terror of the state, which has traditionally been the greatest threat to humanity. The ongoing imprisonment of Jose Padilla shows that that shield has been removed and replaced with an apartheid-system that operates capriciously and without set standards. The president now has full-authority to rescind the constitution at will and declare any man an enemy combatant at his own discretion. There can be no justice when the fate of men like Padilla depends on the subjective judgment of one man alone.

MIKE WHITNEY lives in Washington state. He can be reached at: fergiewhitney@msn.com













We published an article entitled “A Saudiless Arabia” by Wayne Madsen dated October 22, 2002 (the “Article”), on the website of the Institute for the Advancement of Journalistic Clarity, CounterPunch, www.counterpunch.org (the “Website”).

Although it was not our intention, counsel for Mohammed Hussein Al Amoudi has advised us the Article suggests, or could be read as suggesting, that Mr Al Amoudi has funded, supported, or is in some way associated with, the terrorist activities of Osama bin Laden and the Al Qaeda terrorist network.

We do not have any evidence connecting Mr Al Amoudi with terrorism.

As a result of an exchange of communications with Mr Al Amoudi’s lawyers, we have removed the Article from the Website.

We are pleased to clarify the position.

August 17, 2005


MIKE WHITNEY lives in Washington state. He is a contributor to Hopeless: Barack Obama and the Politics of Illusion (AK Press). Hopeless is also available in a Kindle edition. He can be reached at fergiewhitney@msn.com.

Weekend Edition
November 27-29, 2015
Andrew Levine
The Real Trouble With Bernie
Gary Leupp
Ben Carson, Joseph in Egypt, and the Attack on Rational Thought
John Whitbeck
Who’s Afraid of ISIS?
Michael Brenner
Europe’s Crisis: Terror, Refugees and Impotence
Ramzy Baroud
Forget ISIS: Humanity is at Stake
Pepe Escobar
Will Chess, Not Battleship, Be the Game of the Future in Eurasia?
Vijay Prashad
Showdown on the Syrian Border
Dave Lindorff
Gen. John Campbell, Commander in Afghanistan and Serial Liar
Colin Todhunter
Class, War and David Cameron
Jean Bricmont
The Ideology of Humanitarian Imperialism
Dan Glazebrook
Deadliest Terror in the World: the West’s Latest Gift to Africa
Mark Hand
Escape From New York: the Emancipation of Activist Cecily McMillan
Karl Grossman
Our Solar Bonanza!
Mats Svensson
Madness in Hebron: Hashem Had No Enemies, Yet Hashem Was Hated
Walter Brasch
Terrorism on American Soil
Louisa Willcox
Grizzly Bears, Dreaming and the Frontier of Wonder
Michael Welton
Yahweh is Not Exactly Politically Correct
Joseph Natoli
A Politics of Stupid and How to Leave It Behind
John Cox
You Should Fear Racism and Xenophobia, Not Syrian Refugees or Muslims
Barrie Gilbert
Sacrificing the Grizzlies of Katmai: the Plan to Turn Brooks Camp Into a Theme
Rev. William Alberts
The Church of “Something Else” in “an Ecclesiastical Desert”
Andrew Gavin Marshall
Bank Crimes Pay
Elliot Murphy
Cameron’s Syrian Strategy
Thomas S. Harrington
Jeff Jacoby of the Boston Globe and the Death of Ezra Schwartz
Gareth Porter
How Terror in Paris Calls for Revising US Syria Policy
Michael Perino
The Arc of Instability
Yves Engler
Justin Trudeau and Canada’s Mining Industry
Tom H. Hastings
ISIS and Changing the Game
Lars Jørgensen
Vive la Résistance
John Halle
A Yale Education as a Tool of Power and Privilege
Norman Pollack
Syrian “Civil War”?: No, A Proxy War of Global Confrontation
Sheldon Richman
Let the Refugees In
James Anderson
Reframing Black Friday: an Imperative for Déclassé Intellectuals
Simon Bowring
UN Climate Talks 2009: a Merger of Interest and Indifference
Ron Jacobs
Rosa Luxemburg–From Street Organizer to Street Name
Aidan O'Brien
Same-Sex Sellout in Ireland
David Stocker
Report from the Frontline of Resistance in America
Patrick Bond
China Sucked Deeper Into World Financial Vortex and Vice Versa, as BRICS Sink Fast
Majd Isreb
America’s Spirit, Syrian Connection
James A Haught
The Values of Jesus
Binoy Kampmark
British Austerity: Cutting One’s Own Backyard
Ed Rampell
45 Years: A Rumination on Aging
Charles R. Larson
Chronicle of Sex Reassignment Surgery: Juliet Jacques’s “Trans: a Memoir”
Jeffrey St. Clair - Alexander Cockburn
CounterPunch’s Favorite Films
November 26, 2015
Ashley Nicole McCray – Lawrence Ware
Decolonizing the History of Thanksgiving