Cockburn
/ St. Clair's Scorching New History of a Decade of War
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Today's
Stories
June
29, 2004
Elaine
Cassel
Hamdi, Padilla & Rasul: Who Really
Won?
June
28, 2004
Patrick
Cockburn / Leyla Linton
Grisly Rituals in Iraq
Amira
Hass
Confronting Myths and Deadly Power
June
26 / 27, 2004
Alexander
Cockburn
Venezuela: the Gang's All Here
Patrick
Cockburn
Iyad Allawi, the CIA's New Stooge
in Iraq
Dennis
Hans
Once They Were Sweethearts: Cheney,
the NYTs and the Myth of an Iraq Link to 9/11
Ben
Tripp
Adventures in Fuel Efficiency
Dave
Lindorff
That State Department Terrorism
Report: What They Knew, But Didn't Tell You
Chris
Floyd
Cold Irons Bound: the Russian Gambit
Ali
Tonak
Contamination at Berkeley: Profit Motives,
Academic Freedom and the Case of Ignacio Chapela
Keith
Rosenthal
The Withering of the Anti-War Movement
Bryan
Sacks
The Failure of the 9/11 Commission
Wayne
Madsen
Another Case of Blowback
Thomas
St. John
L. Frank Baum, Racist: Indian-Hating
in the Wizard of Oz
Niranjan
Ramakrishnan
American Swadeshi
June
25, 2004
Stephen
Gowans
US to North Korea: "Trust Us"
Saul
Landau
2006 Pentagon Budget as Sacrilege:
Bush Invests the National Treasure in Death and Destruction
Amir
Butler
Iraq: the Deadly Embrace
Jack
McCarthy
Another Times Plagiarism Scandal?
Did Maureen Dowd Lift from the World Weekly News?
Greg
Bates
Chomsky and Zinn Plan to Vote Nader
June 24, 2004
Gary Leupp
John
Lehman on the Iraq / al-Qaeda Links
Patrick Cockburn
A
Day in the Life of Col. Abu Mohammed: Defusing Bombs, Facing
Death Threats
Harry Browne
On
the Rebound: Bush Bounces Back...in Europe
Bill Kaufman
Another
Marxist for Kerry: Joel Kovel's Sad Smear of Ralph Nader
Christopher
Brauchli
Bush,
Cheney and the 9/11 Commission: What Did They Know? What Did
They Tell?
Rick Gioimbetti
Andrea Yates: Victim of Psychiatric Violence?
John Chuckman
Call Center ID Hypocrisy
Diane Johnstone
Kerry
and Kosovo: the Lie of a "Good War"
June 23, 2004
Laura Carlsen
Bush
and Castro Face Off
Dave Zirin
Barry
Bonds vs. Boston: "A Flea Market of Racism"
Kurt Nimmo
From
Saddam, With Love
Patricia Wolff
Foundation Wars
Mahboob A. Khawaja
"They Had Me Arrested and Shackled My Son"
Patrick Cockburn
The
Pretense of an Independent Iraq
Website of the Day
The Road to Abu Ghraib
June 22, 2004
Dave Lindorff
The
Meaning of Putin's Pronouncement: Mutually Assured Pre-emption
Ron Jacobs
Nuclear Plants in US Protectorate of Iraq?
Vanessa Jones
Coogee, Peter Garrett and Valium Earrings
Mickey Z
An Open Letter to the People of Iraq
John L. Hess
Clinton Exhales
Pedro Marset/Ex-Solidarity
Committee for Pacho Cortés
An Exchange on the Case of Pacho Cortés
Bruce Jackson
Saying
No to Prosecutors: Why Steve Kurtz's Colleagues Refused to Testify
Website of the Day
From Boot Camp to Boot Hill
June
21, 2004
Gary
Leupp
Putin's Helpful Remarks
Lucson
Pierre-Charles
Haiti After the Press Went Home: Chaos
Upon Chaos
Cockburn
/ Khan
Saddam May Face Death Penalty
Uri
Avnery
Irreversible Mental Damage
June
19 / 20, 2004
Patrick
Cockburn
Inside the Green Zone: US is Paranoid
and Isolated
Bruce
Anderson
Frozen Gringos
Diane
Christian
Morality and Death: a Meditation
on Bush and Blake
Walter
A. Davis
Passion of the Christ in Abu Ghraib
Josh
Frank
How Democrats Helped Bush Rape Mother
Nature
Col.
Dan Smith
Respectable Genocide?: the Crisis
in Sudan
Brian
Cloughley
A Profound Disruption of the Senses
Christopher
Brauchli
Bush and the Timken Plant, a
Year Later
Prudence
Crowther
Mr. Ashcroft, Deport Me!
Poets'
Basement
Iqbal/Alam, Krieger and Albert
Kathy
Kelly
Dying to See Their Kids
June
18, 2004
Chris
Floyd
Blood Victory
Dave
Zirin
Danielle Green, Basketball Player
& Disabled Vet, Speaks Out Against War
Justin
E.H. Smith
The Christian Question in American
Politics
Gary
Leupp
The "Long-Established" Link?:
Iraq, al-Qaeda, and al-Zarqawi
June
17, 2004
Noel
Ignatiev
Zionism, Anti-Semitism and the People
of Palestine
Kurt
Nimmo
The Bush-Kerry Conundrum
Ed
Cardoni
The Persecution of Steve Kurtz
Ron
Jacobs
Power Relations: Rounding Up Everyone Who Knows More Than They
Do
Dave
Lindorff
Philly Daily News: "Four Wasted Years"
Greg
Moses
Geneva Ignored
Norm
Dixon
How Reagan Armed Saddam with Chemical
Weapons
June
18, 2004
Noel
Ignatiev
Zionism, Anti-Semitism and the People
of Palestine
Kurt
Nimmo
The Bush-Kerry Conundrum
Ed
Cardoni
The Persecution of Steve Kurtz
Ron
Jacobs
Power Relations: Rounding Up Everyone Who Knows More Than They
Do
Dave
Lindorff
Philly Daily News: "Four Wasted Years"
Greg
Moses
Geneva Ignored
Norm
Dixon
How Reagan Armed Saddam with Chemical
Weapons
June
16, 2004
Lenni
Brenner
A Question for Kerry Supporters
Davey
D
Hip Hop Reflections on Reagan
Daniel
Wolff
Why Did Michael Moore Withhold Video Evidence of US Prisoner
Abuse?
Bruce
Jackson
Harry Levin and the Penultimate Manuscript of Finnegans Wake
Patrick
Cockburn
Boom! Boom! Out Go the Lights: Bombings Target Oil and Power
Facilities
Gary
Handschumacher
Mourn Ben Linder, Not His Killer: Reagan's Death Squads
JG
Turning Haiti into One Big Sweatshop
Mario
Benedetti
Obituary with Cheers
Vicente
Navarro
Meet the New Head of the IMF: Who
is Rodrigo Rato?
Website
of the Day
Iraqi Oil Revenue Watch
June
15, 2004
Harry
Browne
Ireland Adds a Brick to Fortress Europe
Neve
Gordon
The Palestinian Refugee Problem Revisited
David
Palmer
Richard Armitage, Abu Ghraib and CACI
John
Blair
Lovelock's Misguided Call: Nukes Are No Solution to Global Warming
Dave
Lindorff
God Wins in TKO
Bill
Quigley
Blood-Pouring Peace Activists: State Charges Dropped; Feds Step
In
Patrick
Cockburn
Carbombs and Street Dances: 13 More Killed in Baghdad Blast
John
Chuckman
John Kerry, Political Placebo
June
14, 2004
John
Stanton / Wayne Madsen
Torture, Inc: Oliver North Joins
the Party
Kathy
Kelly
Requiems: What Happens When Compassion Dies?
Bruce
Jackson
Bush Gets Testy About Torture
Lee
Sustar
Strikers Defy Visteon's Company Thugs
Kurt
Nimmo
The Desperate Censors: the Republican Plot to Kill Farhenheit
9/11
Jim
Davis
Hard Right Nativism
Eliot
Katz
Death and War
Uri
Avnery
The Nightmare Comes True
Website
of the Day
Instruments of Statecraft
June 12 / 13, 2004
Peter
Linebaugh
Remembering the Common Hood: Soweto
and Runnymede
Team
CounterPunch
CP's Favorite Albums
Jeffrey
St. Clair
Troy, Now and Then
Gary
Leupp
Not Really a Puppet Government in Iraq?
Brian
Cloughley
US Military in Crisis
Antonio
Ponvert, III
Iraqi Prisoner Abuse: the Connecticut Connection
Ben
Tripp
The Polls Get Stupider
Joe
Bageant
Mash Note to the "Girl with the Leash"
Ron
Jacobs
The Return of the Hip Hop Insurgency
Forrest
Hylton
Object Lessons from the Case of Francisco Cortés
Christopher
Brauchli
Federal Bureau of Errors
Kurt
Nimmo
Going After Qaddafi, Again
Wayne
Madsen
Israel's Slap at Reagan
Anthony
Loewenstein
Al Jazeera Awakens the Arab World
Michael
Donnelly
A Lightship in the Forest: Greenpeace Docks in the Siskiyous
Greg
Moses
Who Will Tell Us More About the Workers of Nasiriyah?
Susan
Davis
Harry Potter & the Prisoner of Azkaban
Joseph
Ramsey
Weather Report: a Review of The Weather Underground
Niranjan
Ramakrishnan
The 18th Brumaire in the 21st
Century
Wayne
Saunders
The Gipper, D-Day and the Stanley Cup
Poets'
Basement
Richey, Ford, La Morticella, Albert
Website
of the Weekend
Insurgent Music
June
11, 2004
Alexander
Cockburn
Reagan in Truth and Fiction
Ron
Jacobs
Ray Charles' Legacy of Spirit
Chris
Floyd
Funeral Games
Steven
Sherman
How Reagan Destroyed the Democrats and Paved the Way for Clinton
Mokhiber
/ Weissman
Remembering Reagan
Norman
Solomon
Media's Mourning in America
Paul
Alexander
The Kerry Fantasies of Chalmers Johnson
CounterPunch
Wire
The Terror Hour: Miami TV Station Invites Commandoes to Talk
About Planned Attacks on Cuba
June
10, 2004
Noam
Chomsky
The Apotheosis of Reagan : Divinity
Through Marketing
Gary
Leupp
Bush, the Religious Scholar
Patrick
Cockburn
The Iraqi Street Has Spoken: New
Govt. Made Up of CIA Pawns
Saul
Landau
Force-Feeding Lies About Free Trade
Scott
Evans
Settling for the System: How Punkvoter.com Became Just Another
Tool of the Democrats
Jacob
Levich
John Kerry's World of Hurt: Senator Supports Beam Weapons
Zeynep
Toufe
Reagan, Neo-Cons and the "Intelligence Failures"
Nico
Pitney
Reform at Wal-Mart?
Dave
Zirin
Son of a Reagan: What a Sporty 6-Year Old Saw at the Revolution
Jack
McCarthy
Where Were You When Reagan Croaked?
Gary
Corseri
Nouns That Should be Acronyms
David
Price
Reagan and the Black Budget
Website
of the Day
Inequality by the Numbers
June
9, 2004
Mustafa
Barghouthi
Israel's Common Use of Torture
Must be Exposed
Mike
Whitney
Alan Dershowitz, Still Defending
Torture
John
Chuckman
Why the CIA will Always be a Costly Flop
Jim
Tarbell / Roger Burbach
Bush's Democratic Charade in Iraq
Dave
Lindorff
Put Reagan on the $3 Bill
Miguel
D'Escoto
Reagan was the Butcher of My People
Becky
Burgwin
The Betrayal of Smarty Jones: Flogging a Natural Born Hero
Patrick
Cockburn
The Rich Have Been Warned to Leave
Baghdad
June
8, 2004
Jeffrey
St. Clair
The Nature of Ronald Reagan: Will
the Earth Accept His Corpse?
Dave
Lindorff
The March on Rumsfeld's House: Is
the US Anti-War Movement Running Out of Steam?
Phillip
Cryan
Torture, Bombings & the Press in
Colombia
Mark
Zepezauer
Getting Reagan Wrong
Mickey
Z.
Reagan, Radicals and Repetitive Reactions
John
L. Hess
Reagan and Bush in Normandy
Alex
Dawoody
Reagan and Saddam: the Unholy Alliance
Christopher
Fons
Reagan in a Word: Mean
Niranjan
Ramakrishnan
Some Tenets are More Important Than Others
Ahmed
Bouzid
Nothing New Under the Israeli Sun
Michael
Leon
Bush the Narcissist
June
7, 2004
Jason
Leopold
New Enron Docs Show Lay and Skilling
Knew of California Trading Schemes
Patrick
Cockburn
The Baghdad Bombings: the Pattern
of Attacks is Changing
Dennis
Hans
From Afghanistan to El Salvador: Reagan's
Dark Global Legacy
Tracy
McLellan
Nader at the National Press Club:
a Glimpse at a Different Kind of Politics
Bill
Blum
The Myth of the Gipper: Reagan Didn't
End the Cold War
Ben
Tripp
What I Owe Reagan: the Brylcreemed
Bullshitter
Susan
Davis
Reagan, In a Nutshell
Phil
Gasper
Reagan: Goodbye and Good Riddance
Website
of the Day
A Child's ABCs of Terrorism
June
5 / 6, 2004
C.
Douglas Lummis
Toward a Universal Declaration of
Human Wrongs
Saul
Landau
Five Cubans in Prison, Victims of Bush's Obsession
Dave
Lindorff
John Walker Lindh, Revisited
Brian
Cloughley
Apologies, Please, From Those Who Got It Wrong
Rich
Gibson
The Grenada 17: the Last Prisoners of the Cold War are Black
Elaine
Cassel
A Sorry FBI
Cathrin
Schütz
On the Ruins of Yugoslavia
Ben
Tripp
Call Me, Mr. Cassandra
Kurt
Nimmo
The Madness of King George
Ron
Jacobs
They Ain't Goin' Nowhere (Unless We Make It So)
Laura
Flanders
The Lynne Cheney Show?
Lenni
Brenner
Renaissance Noir: Caravaggio at the Met
Abigail
Jones
Whatever Happened to Lori Berenson, President Toledo's Trophy
Prisoner?
Mark
Latham
Nothing Bush Said Has Changed Our Hopes
Gerry
Adams
I Was Photographed While Tortured, Too
Toni
Solo
Venezuela 2004, Nicaragua's Contra War Reprised
Derek
Seidman
Meet the New Boss, Same as the Old
M.
Junaid Alam
Torture is Just the Symptom
Matt
Siegfried
An American Way of War
Dave
Zirin
The Politics of Charles Barkley
Poets'
Basement
Albert, Krieger, St. Clair
Website
of the Weekend
Overnight Sensations
June
4, 2004
Chris
Floyd
Masked and Anonymous: Inside America's
Animal House
Cornwell
/ Penketh
Exit Tenet: the Fall of a Fall Guy
Wayne
Madsen
Apprehension & Frustation: Neo-Cons on the Brink
Greg
Moses
Agitating for Workers' Rights in Iraq
Yitzak
Laor
Before Rafah
Ghali
Hassan
Ambassador to Death Squads: Who is Negroponte?
Jane
Stillwater
God, the Rapture and Vera Casey
CounterPunch
Wire
D-Day Reconsidered: Was It Really Worth the Carnage?
John
Borowski
Woo-Wooism v. Meteorites: Why the Dems Are No Match for Bush
Mike
Griffin
Caterpillar's Assault on the UAW
Alexander Cockburn
Has Bush Gone Over the Edge?
Website
of the Day
Aquae Urbis Romae:
Water and Empire
June
3, 2004
Ron
Jacobs
Iran's Nuclear Dilemma
Dr.
Susan Block
America in tha Hood
Michael
Donnelly
The Bully and the Brahmin
John
Chuckman
Insanity in America: US Ranks Number
One in the Deranged
Christopher
Brauchli
The Return of Cardinal Law: Rome
on $12,000 a Month
Samia
Nassar Melki
Caravaggio in Iraq
Mike
Whitney
Subverting Justice: Pre-Trial Ruminations in the Padilla Case
Diane
Rejman
Memorial Day Isn't Just About the Dead
Scott
Morris
"WMDs" in Cuba
Paul
de Rooij
Palestinian Misery in Perspective
June
2, 2004
Brian
Cloughley
The Liars are Winning
Ray
McGovern
How Far Would They Go? Beware "Credible
Intelligence"
Josh
Frank
The Anybody But Bush Offensive
Mike
Whitney
The Afghanistan Failure: Bush's Warlord Patriots
Jackie
Corr
Iraq and Ireland: Three Tales from Butte, Montana
Robert
Jensen
The US Lost the Iraq War...and It's a Good Thing, Too
Alexander
Cockburn
"Bye, Bye Boonville!"
June
1, 2004
Gary
Leupp
Instant Karma: Bush's Sins Catch Up
with Him
William
A. Cook
Manufacturers of Fear and Loathing in
Rafah
Dave
Lindorff
Will the Times Clean House?
Kevin
Zeese
Inside the Kerry / Nader Meeting: Did
the Kerry Campaign Lie About What Was Discussed?
Jacob
Levich
Coming Soon: Return of the Draft,
a Bipartisan Production
Kathy
Kelly
Voices in the Wilderness v. the US
Government
Website
of the Day
Remind Us
May
29 / 31, 2004
Lee
Ballinger / Dave Marsh
The Origins of Memorial Day
Janine
Pommy Vega
Memo for Memorial Day
Mike
Ferner
On Their Way to Abu Ghraib
Alfred
W. McCoy
The Cruel Shadow: the Long History of CIA Torture Research
Douglas
Valentine
An Open Letter to the NYT: Questions, Questions, Questions
Chris
White
First to Fight Culture: a Former Marine on the Marine Motto
Bruce
Anderson
The Awful Injustice to Tai Abreu
David
Vest
Get Ready for Kerry's War: the 100 Year Quagmire
Saul
Landau
Torture: the Logical Outcome of Bush's War for Democracy?
Kurt
Nimmo
Abu Hamza al-Mazri, Made in the USA
Elaine
Cassel
The Secrets of Surveillance: Ashcroft, Snoops, and Gag Orders
Will
Potter
The New War on "Terror": Protest the Torture of Chimps;
Get Arrested as a "Terrorist"
Ben
Tripp
They Fiddled While Nero Got the Matches
Dr.
Susan Block
Save Abu Ghraib!
Kia
Kojouri
Nukes, the US, Israel and Iran: an
Interview with Sasan Fayazmanesh
Mickey
Z
D-Day: 60 Years is Enough!
Jon
Brown
Correcting the Correction at the Times
Patrick
B. Barr
Pre-emptive War Insurance
Stephen
Gowans
Bad Apples in a Bad Barrel
Tom
Gorman
Gore on Bush in Iraq: the Approach May be Exotic, But It's Hardly
New
Dave
Zirin
Fighting for Boxers' Rights: an Interview with Eddie Mustafa
Muhammad
Gregory
Weiher
Bush to Arabs: "Go Get Yourself Some Democracy"
Erik
Cummings
Jung Meets Bush
Poets'
Basement
Davies, Ford, Kearney, McLellan and Albert
May
28, 2004
Rafael
Rodriguez Cruz
Curtain of Silence on the Cuban 5
Greg
Moses
Bush's Misleading Speech on Abu Ghraib
Dave
Lindorff
Dissing Independent Contractors:
Those Who Do the Dirty Work
Norman
Solomon
Leaping for Lies at the Times
Rep.
Bill Delahunt
Bush's Cruel New Rules on Cuba
Paul
McGeough
Chalabi Baba and the 40 Thieves
Niranjan
Ramakrishnan
India and Nehru: 40 Years After
Alexander
Cockburn
NYTs: "Maybe We Did Screw Up...a
Little"
May
27, 2004
Amy
Goodman / David Goodman
Fatal Errors: the Lies of Our Times
Douglas
Valentine
Ragging the Dogs of War at the
NYTs
John
L. Hess
The Times Confesses...Kind Of
Stew
Albert
Dellinger, the Wrestling Pacifist
Dave
Dellinger
a 1993 Interview
Christopher
Brauchli
Tax Breaks for Scions...to Hell with Poor Kids
Rampton
/ Stauber
Banana Republicans: Pumping Irony
May
26, 2004
Ron
Jacobs
Goodbye, David Dellinger: He Was a
Friend of Ours
Robert
Fisk
The Things Bush Didn't Say in His Speech
Zeynep
Toufe
New Draft UN Resolution Permits Perpetual Occupation
Conn
Hallinan
Bush and Sharon: the Oil Connection
Tom
Stephens
2 + 2 is On My Mind: More Morons
and War Crimes
Derek
Medley
Protesting Gov. Bigot
CounterPunch
Wire
FBI Abducts Artist; Seizes Art
Andrew
Cockburn
The Trail to Tehran
May
25, 2004
Joe
Bageant
The Covert Kingdom: On Earth as It
is in Texas
Col.
Dan Smith
A Question of Human Dignity
Gary
Handschumacher
Visiting Lori Berenson: Time to Bring Her Home
Toni
Solo
A Developing War in the Andes
Marc
Estrin
September Song: Disturbing Questions
About 9/11
Stephen
Banko, III
A Vietnam Vet on "Supporting the
Troops"
Website
of the Day
The Wizard of Whimsy
May
24, 2004
Ron
Jacobs
Dan Senor is Safe!
Kurt
Nimmo
Dirty Tricks & TortureGate: the
Missing Taguba Pages
Sam
Hamod
Gen. Zinni: "Wrong War, Wrong
Place, Wrong Time"
Mike
Whitney
The Wedding was a Bomb
Stan
Goff
Open Season on MAMs
Image
of the Day
A Photo from Abu Ghraib We Didn't See on the Front Page of the
NYTs
May
22 / 23, 2004
Paul
de Rooij
Colin Powell, a Political Obituary
Jeffrey
St. Clair
When War is Swell: Bush and the Carlyle Group
Elizabeth
Weill-Greenberg
Her Son Was Told He Wouldn't See Combat; Now He's Dead: an Interview
with Sue Niederer
Brian
Cloughley
America is Committing War Crimes in Iraq
Saul
Landau
Democracy in Latin America: Great for Investors; Not So Good
for People
Brandy
Baker
Feminists Stand By Their Man: Abortion, Judges and Kerry
Randall
Robinson
Bushwhacked in the Caribbean
Uri
Avnery
The Rape of Rafah
Ben
Tripp
Assume the Worst
Bruce
Anderson
News from Ecotopia: the Truth About the Wine Business
Josh
Ruebner
Why I Burned My Israeli Military Papers
Peter
Wolson, Ph. D.
Exhibitionistic Revenge at Abu Ghraib
Chloe
Cockburn
In Defense of "Troy": What Hector Could Teach Rummy
Linda
Burnham
Sexual Domination in Uniform: an American Value
Adrien
Rain Burke
War of the Necrophiliacs: Spc. Sabrina Harman and Her Corpse
David
Krieger
Charting a New Course for US Nuclear Policy
Ron
Jacobs
Turnaround
Poets'
Basement
Ford, Albert & LaMorticella
May 21, 2004
Ray
Close
The Canards of the Apologists
Christopher
Brauchli
"The Object of Torture is Torture"
Amira
Hass
Darkness at Noon
Jack
McCarthy
Camilo Mejia: Can the Son of a Sandinista Get a Fair Trial from
the US Army?
Bill
Kauffman
Nader v. Bush
Omar
Barghouti
No More Tears for America
Ghali
Hassan
Moral Failure of the "Free World" in Gaza
Christopher
Reed
How the CIA Taught the Portuguese to
Torture
Website
of the Day
Eric Idle on the Bush Administration: Fuck You, So Very Much
May
20, 2004
Andrew
Cockburn
The Truth About Chalabi
Kathy
Kelly
A Visit from the FBI
Niranjan
Ramakrishnan
Brown and Bored of Education in India
Tom
Stephens & John Philo
The War Crimes of Bush, Cheney & Co.
Sam
Bahour / Michael Dahan
Genocide by Public Policy
Robert
Ovetz
Ending the Race for the Last Turtle
Billy
Wilson
The Most Important Thing I Learned at School This Year
Website
of the Day
Rafah Today
Hot Stories
Alexander Cockburn
Behold,
the Head of a Neo-Con!
Subcomandante
Marcos
The
Death Train of the WTO
Norman Finkelstein
Hitchens
as Model Apostate
Steve Niva
Israel's
Assassination Policy: the Trigger for Suicide Bombings?
Dardagan,
Slobodo and Williams
CounterPunch Exclusive:
20,000 Wounded Iraqi Civilians
Steve
J.B.
Prison Bitch
Sheldon
Rampton and John Stauber
True Lies: the Use of Propaganda
in the Iraq War
Wendell
Berry
Small Destructions Add Up
CounterPunch
Wire
WMD: Who Said What When
Cindy
Corrie
A Mother's Day Talk: the Daughter
I Can't Hear From
Gore Vidal
The
Erosion of the American Dream
Francis Boyle
Impeach
Bush: A Draft Resolution
Click
Here for More Stories.
|
June
29, 2004
Hamdi,
Padilla and Rasul v. Rumsfeld and Bush
Who
Really Won?
By
ELAINE CASSEL
Forget what the media's talking heads
have told you about these three Supreme Court decisions that
tested the power of George W. Bush. The President won far more
than he lost, so administration "officials" who pronounce
themselves victors are more on target than the press who tell
you that the decisions represent a defeat for the Administration,
or rein in its power. Taken together, the decisions are more
important for what they did not do. Their significance for the
future, particularly if Bush is reelected, cannot be underestimated.
Rumsfeld
v. Padilla
To begin with, the Court dodged
the most important case-the case of Jose Padilla. Padilla, recently
vilified by a highly-placed Department of Justice attorney, is
the American citizen arrested on a material witness warrant in
Chicago two years ago. The government's story then was that he
was planning to detonate a dirty bomb. Attorney General John
Ashcroft held a press conference and announced the incarceration
of Padilla and told us what a dangerous man he was. Of course,
if they had evidence that he was planning to detonate a dirty
bomb, they would have charged him with a host of crimes, and
tried him. But they never charged him with anything. What does
that tell you? A couple of weeks ago, Ashcroft sent out one of
his top deputies to change the story on Padilla. That story may
have influenced the Court's decision, though we will never know
this. Though the official denied that the press conference-at
which he announced that Padilla had "confessed" to
plotting to blow up high-rise apartment buildings-may have been
held when it was to punctuate the government's belief that Padilla
was a very, very dangerous man. So if he is so dangerous, why
is he not being charged. Of, you have to love this reason: because
the government denied him his rights and repeatedly interrogated
him without an attorney (and, maybe even tortured him, for all
we know) his confession is no good! Can't be used in court. So
since we denied him his rights, we cannot try him, but we can
hold him without charging him forever. Because we say he is dangerous.
And what did the Supreme Court
have to say about that? In a 5-4 decision, it said...nothing.
It ruled that Padilla's court' appointed attorney, Donna Newman,
filed the petition for writ of habeas corpus (challenging the
detention of her client without charge, without access to her)
in the wrong federal court. She sued Rumsfeld, on whose order
Padilla was named an "enemy combatant" in the Southern
District of New York, where he was brought and incarcerated and
where she was appointed. But after she got into the case, and
without notice to her, the government moved him to a brig in
South Carolina. So the government argued that the warden of the
brig is the party to be sued, not Rumsfeld. As if that warden
does not answer to Rumsfeld, at least if she is holding an enemy
combatant-so-called. So with Rehnquist writing for the majority,
the court threw out his petition. Altogether. Padilla has to
start all over again, suing the warden wherever he or she is.
Ah, but keep in mind, that once his attorneys file a another
petition, the government just has to move him again. And again.
And again. To avoid answering for his detention.
So the most important of the
three cases was not decided. In not deciding, the Court fully
sanctioned the continued detention of Padilla, without a charge,
without a lawyer (Newman is now out of the case, since the suit
was dismissed), for years to come.
George Bush 1, Civil Liberties,
0.
Hamdi v.
Rumsfeld
On first glance, which is all
the nightly news gave you, the Hamdi case looks like a win for
lovers of freedom. Even Hamdi's public defender, Frank Dunham,
said that they "won big." I disagree. And amazingly
to this writer, so did Scalia, who was joined in his dissent
by Justice Stevens. The majority opinion was written by Justice
O'Connor, and we all know what that means-a tortured crafting
of facts cobbled to law that tries to give everybody something.
A little here, a little there. He is what we got: The Congress
gave the President the authority to detain anyone involved with
fighting with al Qaeda or the Taliban when it voted for war in
Afghanistan. Hamdi was supposedly captured in Afghanistan. As
long as the U.S. is fighting in Afghanistan (I guess that will
be forever, don't you think?), Hamdi can be held WITHOUT BEING
CHARGED WITH A CRIME. But, he gets a lawyer (a lawyer subject
so special instructions by Ashcroft and Rumsfeld, an lawyer whose
conversation with his client will be monitored and limited as
Rumsfeld and Ashcroft see fit) and he can file a petition for
writ of habeas corpus, challenging his detention. Ah, but the
government gets the benefit of the doubt in such a hearing. It
puts forth is conclusory affidavit, like the one cranky Judge
Doumar in Richmond did not like one bit, and Hamdi gets to try-just
try, if he can-to prove them wrong. Yes, the burden will be on
Hamdi to prove the government's allegations against him to be
wrong. Now that will be kind of difficult, won't it, since Hamdi
has been incarcerated for going on three years, has no contact
with anyone in the outside world, and will have a hell of a time
coming up with the witnesses to refute the conclusion of the
government that he was indeed fighting with the Taliban or al
Qaeda against the U.S. Let's see, even if he knew people to subpoena
to support an alibi-if he has one-federal marshals don't serve
subpoenas in Afghanistan.
Scalia and Stevens joined in
the call to either charge him with a crime-Scalia suggested treason-or
have Congress suspend the writ of habeas corpus (Scalia contends
that only Congress, not the President, can properly do this).
But don't create some mechanism that allows the President to
weasel out the result that the majority wanted-that is, to give
Hamdi a lawyer, let him file his papers, but give him the burden
of proving his "innocence." An insurmountable burden
of proof.
George Bush 2, Civil Liberties,
0.
Guantanamo
Detainees
On this one, a 6-3 majority
ruled that those poor bastards in Guantanamo, those men that
have been there for going on three years and, we now presume,
subject to all kinds of physical torture and mental and sexual
abuse, can file a petition for writ of habeas corpus challenging
their detention, but, so what? The court was silent on what trial
courts will do with the petitions. Presumably, let them file
their papers then promptly toss them out. This was an expected
outcome. No way the Court was going to accept the Administration's
"tortured" (pun intended) view of jurisdiction to think
that the government that rules over Guantanamo Naval Station
does not have jurisdiction over the prisoners that he holds there.
That would just be too stupid, even for a court eager to please.
It found that the detainor is the key to jurisdiction, not the
detainee. So where the detaining party is, is where there is
jurisdiction. That would be Rumsfeld. Of course, what court that
would be in, what venue, is open to question. Since venue was
such a big deal in the Padilla case, I wonder why the court did
not toss out Guantanamo cases brought in the District of Columbia?
(I have a clue-the Guantanamo cases were far easier to answer,
and less an affront to presidential power than is Padilla's case).
Rumsfeld's seat of power is in the Pentagon, Arlington, Virginia,
so venue ought to be in the Eastern District of Virginia, not
the District of Columbia.
I believe the Guantanamo prisoners
will meet the same fate of most illegal immigrants who challenge
their deportation with a writ of habeas corpus. They get a summary
proceeding that sounds more than what it is because of the value
attached to the term "habeas corpus." After a cursory
reading of the petition, and a brief hearing to satisfy the bare
requirements of the law, the gavel slams, and the immigrant is
escorted to an airport and sent to whatever country can be found
to receive them--after they serve their time for any crimes they
can be charged with.
Though nothing was said of
this in the opinion, I imagine that the prisoners will be under
the same disability as Hamdi-proving their "innocence,"
just as persons facing deportation. But, you might ask, their
innocence of what? They have been charged with no crime, neither
has Hamdi. They, too, will have to prove that they were not fighting
against the U.S. or preparing to do so. Again, where will they
get their alibi witnesses and, if they have any, how can they
be subpoenaed into court? You think the government is going to
give visas to their witnesses? Or pay their expenses?
Fat chance.
George Bush 3, Civil Liberties,
0.
The Contrarian
View
Reading the cases and placing
them in the context of the "war on terror" supports
a view that is admittedly contrary to what mainstream media are
saying. But if you have been listening to them since September
11, you don't know much about what has happened to the legal
system in this country, all in the name of preserving liberty.
In these three cases, the Supreme Court did not want to totally
abrogate its responsibility (except for one Justice, Thomas,
who, as a reluctant justice on a court he often expresses contempt
for, not surprisingly wants to be left out of any judicial interference
with the almighty President) or the Constitution so it threw
a vote or two in the direction of the Constitution.
But it left plenty of room
for this despotic President, and all who follow him (you think
Kerry cares about civil liberties? You think he would not want
the same power Bush is wielding?) to incarcerate Americans at
whim, concoct a story about "fighting" against American,
and dare you, just dare you, to try your luck at proving your
innocence.
Oh, about that? Finally, we
have the Supreme Court, in the Hamdi case, putting the lie to
that myth. There is no presumption of innocence-not if you are
Hamdi. There is no mercy-not if the government moves you around
so you never know whom to sue. There is a cruel hint at mercy
for the Guantanamo Bay prisoners-file your papers, but tell your
family to abandon hope. You aren't going anywhere anytime soon.
Game, set, match to George
Bush.
Elaine Cassel practices law in Virginia and the
District of Columbia, teachers law and psychology, and follows
the Bush regime's dismantling of the Constitution at Civil
Liberties Watch. Her book, The War on Civil Liberties: How
Bush and Ashcroft Have Dismantled the Bill of Rights, will be
published by Lawrence Hill this summer. She can be reached at:
ecassel1@cox.net
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