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Today's Stories November 9, 2005 Diana Johnstone Rage in the Banlieue November 8, 2005 Paul Craig Roberts Still No Jobs Roger Burbach Bush v. Chavez: the Imperial President Meets the Bolivarian Democrat Ron Jacobs An Interview with Behzad Yaghmaian on the Paris Uprising Ralph Nader "The Worst Marketed Disease on the Planet" Jim McGrath Voter Beware: a Cautionary Tale for Election Day David Bloom McCain, Israel and Torture: Setting the Record Straight Stan Goff Jimmy Massey, Ron Harris, and Ambush Journalism   November 7, 2005 Dick Reavis The Origins of Mr. Danger Jason Leopold Cheney and the Cover Up: the Vice President Lied Dave Lindorff What Country was Bush Talking About? Eli Stephens A Tale of Two Generals: the Lies of Colin Powell David Swanson The Bush-Cheney Ethics Refresher Course: a Syllabus M. Junaid Alam An Interview Stan Goff Matt Reichel Paris Uprising: a Rebellion in Real Time Naima Bouteldja Paris is Burning Jeff Halper Israel as an Extension of American Empire Website of the Day Dispatches from Paris   November 5 / 6, 2005 Alexander Cockburn Storm Over Brockes' Fakery: Guardian Fabricates Chomsky Quotes Lawrence R. Velvel Lying, Law Schools and Executive Power: What Senators Should Ask Alito Diana Johnstone Srebrenica: a Response to Certain Criticisms of My Essay Roosa / Nevins The Mass Killlings in Indonesia, 40 Years Later Niranjan Ramakrishnan Missing the Bus: When Conscience Bows to Calculation John Ross The Zapatistas' Otra Campaign for Mexico's Presidential Elections Mike Whitney Globalizing Sadism: the United States of Torture Mark Engler Will Big Business Turn On Bush?: the Economic Nightmare Unfolds Juliano Mer-Khamis They Shoot at Children, Too Ron Jacobs When Gen. Westmoreland Visited Jill S. Farrell Bird Flu and the Posse Comitatus Act Missy Comley Beattie Trent Lott's Untroubled Sleep Mitchel Cohen People of the Dome, Revisited Evelyn J. Pringle Bush-Cheney and Big Oil's Big Summer Reza Fiyouzat Signs of Life or Last Gasp? Structural Problems in the Democratic Party Charles Sullivan When Courage Fails: a White Southerner on Rosa Parks Zachary Richard Return to Louisiana Ben Tripp Beginning of the End? Don't Start Cheering Just Yet St. Clair / Vest Playlists: What We're Listening to This Week   November 4, 2005 Jeffrey St. Clair Blood on the Tundra, Betrayal in the Rotunda: Losing ANWR Dave Lindorff A Majority Now Favors Impeachment: If He Lied, He Must Be Tried Phillip Cryan Crackdown in Colombia Christopher Brauchli Katrina and Tax Breaks for the Very Rich William S. Lind Exit Strategy: You Can't Stay the Course in a Lost War Daryl G. Kimball Of Madmen and Nukes George Beres Laurels for Negroponte? Peter Montague Why We Can't Prevent Cancer   November 3, 2005 James Petras The Libby Affair and the Internal War Saul Landau Torn Families and Shot Down Planes: a Cuba Story Rep. Cynthia McKinney An Occurrence at Gretna Bridge Michael Dickinson Bang! Bang! You're Deaf! Sonic Weapons Over Palestine Joshua Frank Sham Behind Closed Doors Remi Kanazi Dancing with Perseverance Reza Fiyouzat Taxation or Racketeering? Website of the Day CIA Leak Investigation: Bigger Fish, Deeper Water?   November 2, 2005 Cockburn / St. Clair Holy Alito!: Not as Crazy as Scalia, But Just as Bad Robert Oscar Lopez Saving Rosa Parks from American Hypocrisy John Walsh The Philosophy of Mendacity: From Leo Strauss to Scooter Libby Brian J. Foley Why Most Americans Don't Care About Gitmo (and Why They Should) Ramzy Baroud Rolling Back Syria M. Junaid Alam What Moral Values? Todd Chretien Judgment Day for the Governator Bruce K. Gagnon The Democrats' Slap Happy Day Website of the Day Hands Off Dave!   November 1, 2005 Ron Jacobs An Interview with Kent State's Dave Airhart Gary Leupp The Plame Affair Leads to Rome John Ross Days of the Dead on the Border Bill Quigley Why Are They Making New Orleans a Ghost Town? Joseph Nevins From a Boundary of Death to One of Life Dave Lindorff Thinking About Impeachment Linda S. Heard Bashing Syria: Another Trojan Horse from the UN? Heather Gray Thank You, Mrs. Parks Michael Dickinson To Di For: Charlie and Camilla Cross the Pond Jeffrey St. Clair Kent State: Wise Up and Back Off   October 31, 2005 Elaine Cassel Libby's Lies Mark Weisbrot Pop Goes the Bubble: Bernancke and the Fed Mike Whitney Carry On, Patrick Fitzgerald Norman Solomon After the Libby Indictment, the Press Acquits Itself Farooq Sulehria Trading Weapons While Kashmir Burns Nicole Colson Scapegoating Immigrants Madis Senner Dhafir Sentenced to 22 Years: Another Erosion of Civil Rights Paul Craig Roberts Scooter and the Neocons October 29 / 30, 2005 Cockburn / St. Clair The Libby Indictment: Gotterdammerung for the Bushies? Peter Linebaugh The Wedges of Hephaestus Tim Wise Framing the Poor: Katrina, Conservative Myth-Making and the Media John Chuckman Bushspeak: Dark and Garbled Words Steven Higgs Green Hoosiers: Forging a New Democracy in the Heartland Brian Cloughley The Fifth Afghan War M. Shahid Alam Israel and the Consequences of Uniqueness Nikki Robinson Crack Down at Kent State Ralph Nader Let the PIRGs Begin!: Student Activism Thrives Joe DeRaymond Requiem for Bethlehem Steel? Joshua Frank Karl's Great Escape: Did Rove Rat on Scooter? Laura Santina Tongue-Tied on Iraq: Why Aren't the Dems Screaming Bloody Murder? Fred Gardner Death of an Organizer Michael Dickinson Insult Your Country Ron Jacobs Autumn in America Dr. Susan Block Fear and Sex: a Halloween Greeting Vanessa S. Jones Self-Portrait, 1994. Bronte Beach Jeffrey St. Clair Playlist: What I'm Listening to This Week Poets' Basement Marbet, Gardner, Ford, Albert, Engel, Krieger & St. Clair Website of the Weekend Red State Update   October 28, 2005 Jared Bernstein Inflation Up; Wages Down: Fastest Decline in Wages on Record Virginia Tilley Embracing the Anti-Aparthied Movement in Israel/Palestine Phil Gasper The Race to Execute Tookie Williams Jennifer Matsui It's Mardi Graft Time! Manual Garcia, Jr. Is the US Really Against Torture? Monica Benderman In the Name of Justice Jason Leopold Fitzgerald Focuses on the Forgeries Dave Lindorff Suddenly, Bush Endorses Right of Fair Trials Otober 27, 2005 Saul Landau The Scandal Isn't the Leak, But the Illegal War Stuart Hodkinson Bono and Geldoff: "We Saved Africa" Oh No, They Didn't! Ingmar Lee Stop the Troops!: No Glory or Honor in Iraq Lila Rajiva License to Bill: Gates Does India Ilan Pappe The Last Moment of Hope Niranjan Ramakrishnan Waiting for Fitzgerald Michael Donnelly Look Who's Talking Now: the GOP on Perjury Ron Jacobs Escape the Weight of Your Corporate Logo Cockburn / St. Clair White House in Meltdown   October 26, 2005 Kathy Kelly For Whom They Toll Gary Leupp Dialectics of the Plame Affair Mike Marqusee Empire of Denial Eric Ruder War Crimes in Afghanistan Patrick Cockburn Iraq: a Constitutionally Divided Nation Joshua Frank Fitzgerald v. the Bushies: Hold Your Elation in Check J.L. Chestnut, Jr. The Legacy of Rosa Parks Website of the Day Decent Work in America: the 2005 Work Environment Index     October 25, 2005 Paul Craig Roberts Condi and Syrian Regime Change: Could Somebody Recommend a President? Ken Sengupta / Patrick Cockburn Attack on the Palestine Hotel Conn Hallinan Sleight of Hand: Iran, India and the US Nafeez Mosaddeq Ahmed Pulling the Court Strings Jackie Corr Barbara Bush: Poster Gorgon of the Houston Astros Robert Day Talk to Strangers John Sugg Judith Miller and Me   October 24, 2005 Dave Lindorff Revoke Judy Miller's Pulitzer Michael Donnelly Shades of Iran/contra Patrick Cockburn A Nation Stands on Trial Mike Whitney Apres Rove Norman Solomon Iraq is Not Vietnam, But... Bill and Kathleen Christison US Foreign Policy and Palestine   October 22 / 23, 2005 Alexander Cockburn When Divas Collide: Maureen Dowd v. Judy Miller Billy Sothern Letter from the Circle Bar, New Orleans Saul Landau Bush, an Assessment Ralph Nader An Open Letter to Bush on Harriet Miers Behrooz Ghamari Whose Justice Does Saddam's Trial Serve? Brian Cloughley Bush the Strategist: Pyrrhus Without a Victory? Diana Barahona Venezuela's National Workers' Union Fred Gardner Dershowitzed! Lee Sustar What the War on Terror is Really About Patrick Cockburn Murder of Saddam Trial Defense Lawyer Laura Carlsen Mexico City Seamstresses Recall 1985 Quake James Petras China Bashing and the Loss of US Competitiveness Joshua Frank Invading Iran: Who is to Stop Them? Manuel Garcia, Jr. Disasters are Us Michelle Bollinger When Abortion Was Illegal Missy Comley Beattie CSI: Iraq Kona Lowell Intelligent Design: Making High School Fun Ben Tripp Tanks for the Memories Jeffrey St. Clair Playlist: What I'm Listening To This Week Poets' Basement Albert and Engel Website of the Day Indictment Watch   October 21, 2005 Dave Lindorff The Democrats' Abortion Hypocrisy Winslow T. Wheeler Paying for Their Mistakes: Incompetence, Deception and the Defense Budget Col. Dan Smith The Destruction of the National Guard Norman Solomon Media at Crossroads: 25 Years After Reagan's Triumph Madis Senner Abusing Katrina Michael Donnelly Richard Pombo: DeLay in Cowboy Boots October 20, 2005 Dave Lindorff Impeachment Comes to NYC Ray McGovern 16 Fatal Words: Cheney's Chickens Come Home to Roost Jeremy Brecher / Brendan Smith Attack Syria? Invade Iran?: By What Constitutional Right? Patrick Cockburn Saddam Refuses to Recognize Court Kevin Zeese Was the Iraqi Constitution Vote Fixed? Ross Eisenbrey Millions Would Lose Pay and Protections Under Enzi Amendment Randy Shields James McMurtry Makes It in Dayton Justine Davidson Prosecuting Bush in Canada for Torture: a Small Victory After Lucas Cranach Judy and Holofernes Joe Allen The Scandalous History of the Red Cross   October 19, 2005 Christopher Reed Koizumi and the Rape of Nanking Stephen Soldz Bush and Avian Flu: the Excuses Begin to Fly Chet Richards War and Intelligence Patrick Cockburn Saddam on Trial Scott Richard Lyons Multicultural Columbus? Ralph Nader An Interview with Rev. William Sloane Coffin Website of the Day Shocking Video: Why Birds May Be Taking Viral Vengeance on Humans   October 18, 2005 Chet Flippo Merle Haggard: "Let's Get Out of Iraq" Ron Jacobs Dual Devotions: the Catholic Church and the US Flag Keeanga-Yamahtta Taylor A Tale of Two Cities: From DC to Toledo Dave Lindorff Judy Miller: Little Miss Run Amok Virginia Rodino A Winter Patriot: Reflections on the Antiwar Movement Thomas Healy The Weather in Goshen: Still Radical After All These Years Ralph Nader A New New Orleans Stephen Lendman The Sorrows of Haiti Patrick Cockburn On the Eve of Saddam's Trial: a Divided Iraq   October 17, 2005 Peter Linebaugh Spinoza and the Black Limos Norman Solomon Judith Miller, the Fourth Estate and the Warfare State Cockburn / Sengupta "If the Sunnis Don't Like It, That's Their Problem" Mike Whitney Miller's Confession: Last Gasp Before Indictments? Uri Avnery Iraq Now: What Awaits Samira? Harold Pinter Torture & Misery in the Name of Freedom Website of the Day Al Joudi v. Bush   October 15 / 16, 2005 Alexander Cockburn Ayatollahs of the Apocalypse Patrick Cockburn "This Constitution Won't Get Me a Job" Saul Landau Two Terrorists and a Lush: Osama, Posada and Bush's Drinking Neve Gordon "Beyond Chutzpah": Exposing Grave Moral Distortions Moshe Adler Poverty in New York City Christopher Brauchli Lynndie England's Burden Diane Farsetta The Emperor Doesn't Disclose: the Fight Against Fake News Sam Husseini Notes on Current Reporting About Judith Miller Monica Benderman From Chaos to Conscience to Peace Mickey Z. POW Abuse by US: Nothing New Going On Here Douglas C. Smyth George W. Bush, the Honorius of Our Time Lee Sustar Will Delphi Bust the UAW? Fred Gardner Cannabinoids Arrive in Realm of Established Fact Elizabeth Schulte A Former Panther's Georgia Campaign: an Interview with Elaine Brown Joshua Frank Will the Democrats Save Harriet Miers? David Vest Down with Formalism! Up with Values! Ben Tripp Epistle II: the Reawakenign Poets Basement Engel, Albert, Ford and Louise Website of the Weekend The Hidden Canyon   October 14, 2005 Farrah Hassen A Somber Ramadan in Syria Ron Jacobs The Black Panthers: They Haven't Forgotten; Neither Should We Sasha Kramer USAID and Haiti: the Friendly Face of Imperialism? Katrina Yeaw The Student Struggle in Italy Nicole Colson Bird Flu: Militarizing Health Care Raúl Zibechi Survival and Existence in El Alto Nikolas Kozloff Hugo Chávez and the Politics of Race Website of the Day LA Filmmakers Cooperative October 13, 2005 Jeremy Scahill Mr. Bush Goes to Tikrit (Sort Of) Jeff Birkenstein A Thoreau for Our Time: Why Cindy Sheehan Matters Brendan Smith / Jeremy Brecher Harriet Miers: Bush or the Constitution? Stan Cox Did You Know This About Iraq? Anis Memon The Curious Case of Russ Feingold Gary Leupp Miller, Libby and the June Notes Dave Zirin A Tribute to August Wilson Matthew Koehler America's Endangered Forests Werther The Two-Headed Monster Website of the Day Hurricane Song October 12, 2005 Omar Waraich Britain and the Quake: Mean and Stingy William Cook Voices Behind the Entombment Wall Phil Gasper Countdown to a Legal Lynching Dave Lindorff Impeachment Now and Then: Clinton, Bush and the Polls Matt Vidal Capital, Power and Class John Gautreaux New Orleans will Never be the Same Diana Johnstone Srebrenica Revisited: Using War as an Excuse for War Mark Weisbrot The IMF Has Lost Its Influence Brian J. Foley Gitmo Tribunals Endanger Public Safety Website of the Day Columbus Day Lies   October 11, 2005 Roger Morris / Steve Schmidt Strategic Demands of the 21st Century Lila Rajiva Live from New Orleans: Abu Ghraib Bill Quigley New Orleans: Leaving the Poor Behind Again Paul Craig Roberts Natural Born Liars Dave Lindorff Recruiters in Schools: No Lie Left Untried Dr. Teresa Whitehurst Suspect Thy Neighbor Mitchel Cohen Showdown at Chuck E. Cheese Tariq Ali Pakistan will Never Forget This Horror Website of the Day L'Heure Americaine   October 10, 2005 Cindy and Craig Corrie Rachel's Words Live Joshua Frank Washington's War Dems Gideon Levy The Beautiful Life Without Arafat Alan Wallis The Fight for Free Speech at Union Square Mickey Z. In Defense of Liars CounterPunch News Service Vermont Independence Convention Paul Craig Roberts The Police State is Closer Than You Think Website of the Day Dylan's Chronicles   October 8 / 9, 2005 Alexander Cockburn Rhetoric and Reality in the Business of Getting Rid of Black People Ralph Nader Katrina and the Growls of Greed Jennifer Van Bergen New American Law: Legal Strategies in the Dharfir Case Saul Landau An Oily Religious Dream Jeff Halper Setting Up Abbas Lenni Brenner The Millions More Movement and Zionism Nikolas Kozloff Bird Flu and Bush Brian Cloughley Training Soldiers in Iraq Alice Slater A Nobel Prize for Chernobyl? John Gautreaux A View from Cajun Country Fred Gardner Does the Controlled Substances Act Mean What It Says? Niranjan Ramakrishnan The Leveethan Approach M.G. Piety Rot in the Ivory Tower: Collusion, Cover-Up and Kierkegaard Tom Gorman The Hitchens Doctrine Mike Whitney Bunker Days with George Aseem Shrivastava Beyond the Wasteland: Lessons from Afghanistan Ben Tripp Religion, an Epistle Poets' Basement Albert, Engel and Ford   October 7, 2005 Larry Johnson The Plame Case: the Real Issues Will Youmans Why Do We Hate Our Freedom? Recruiters and Thugs on Campus Dave Lindorff Bird Flu: Evolution or Intelligent Design? Judith Scherr Haiti's Children's Prison Russell D. Hoffman Nukes for Peace, Revisited?: Nobel Prize Debacle Jared Bernstein Katrina and Jobs Jennifer Van Bergen New American Law: the Case of Dr. Dhafir Website of the Day FBI Witchhunt October 6, 2005 P. Sainath "Take That, Tom Friedman": Indian Masses Reject NYT's Neoliberal Idol Again Scott Parkin When Antiwar Activists Get Mugged Paul Craig Roberts Blundering into Syria Andréa Schmidt Haiti's Biometric Elections: a High-Tech Experiment in Exclusion Dave Lindorff Easy Money in the Big Easy Joshua Frank In Defense of Lew Rockwell M. Junaid Alam Jackboots at George Mason Matthew Koehler Cock and Bull on the Bitterroot Robert Pollin Is the Dollar Still Falling?   October 5, 2005 Heather Gray Militarization is Not an Answer for Reconstruction: the Case of the Philippines Robert Jensen Is Bush a Racist? Ramzy Baroud Bush's Final Choice: America or the Empire Col. Dan Smith Keeping Promises to Iraq: "Everything is Bad" Dave Zirin Barry Bonds Laughs Last Paul Craig Roberts Liberal Guilt? How the Neocons Took Over Alan Maass Doing the Right Wing's Dirty Work   October 4, 2005 Nikolas Kozloff Shocking the Two Party System: a Political Opportunity for Sheehan and the Antiwar Mvt. Mike Roselle Houston, You've Got a Problem Joshua Frank The Scoop on Harriet Miers John Chuckman War Porn: What the Gruesome Images Say Alan Farago Storm Warning for Jeb: Developers, Hurricanes and the Keys Mickey Z. An Interview with Thaddeus Rutkowski Christine & Ethan Rose Home Depot Exploits Hurricane Victims Gary Leupp An Earlier Empire's War on Iraq: a Lesson from Roman History Website of the Day Rodney Crowell on Bob Dylan   October 3, 2005 Vijay Prashad Desperation at Holyoke Paul Craig Roberts Condi Rice: Gunslinger Joshua Frank An Interview with Cindy Sheehan Seth Sandronsky The Hiring Crisis for Black Teens Jeffrey St. Clair The Great Green Scare             Subscribe Online

One Final Push! Annual Fundraising Appeal We interrupt your regular reading habits to bring you the following important announcement: CounterPunch needs your financial support! We're not in the habit of making idle threats and this isn't one. Either we meet our fundraising goal of $60,000 over the next three weeks or we'll be forced to drastically curtail the operation of our website. It's near the end of our year and the wolf is at the door. CounterPunch's website is supported almost entirely by subscribers to the print edition of our newsletter. We don't clutter the site by selling annoying popup ads. We tried getting money out of Google, but they gave us the boot. We aren't on the receiving end of six-figure grants from big foundations. George Soros doesn't have us on retainer. And we don't sell tickets on cruiseliners. The continued existence of CounterPunch depends solely on the support and dedication of our readers. And we know there are a lot of you. We get thousands of emails from you every day. Our website receives nearly 100,000 visits each day-and those numbers grow by the month. Of course, all these readers chew up a lot of bandwidth and that costs money. Through the Iraq war, the daily traumas of the Bush administration, hurricanes, earthquakes and the disappearance of the Democrats, many of you have found a refuge at CounterPunch and made us your homepage. You tell us that you love CounterPunch because the quality of writing you find here every day and because we never flinch under fire. We appreciate the support and prepared for the fierce battles to come as the Bush administration expands its wars abroad and at home. Unlike many other outfits, we don't hit you up for money every month...or even every quarter. We only ask for your support once a year. But we when ask, we mean it. Please, make a donation to CounterPunch today or purchase a gift subscription or a crate of books as holiday presents. To contribute by phone you can call Becky or Deva toll free at: 1-800-840-3683 Onward, Alexander, Jeffrey, Becky and Deva November 9, 2005 The Case of Ahmed Abu Ali The Shocking Trial of an American Citizen By ELAINE CASSEL   Ahmed Abu Ali is an American--a resident of Falls Church, Virginia. In the summer of 2003, Abu Ali was taking final exams in a Saudi Arabian university, and looking forward to returning home to his family in Northern Virginia for the summer. But Abu Ali did not come home. Instead, Saudi law enforcement authorities forcibly removed him from his classroom and imprisoned him for twenty months. Later, as I detailed in an earlier column, Abu Ali did return to Virginia--but to face federal charges of conspiracy to aid and abet terrorism. This September, the government added new charges in a new indictment. And this October, Judge Gerald Lee denied Abu Ali's motions to suppress, as evidence, what the government alleges are confessions to several serious terrorism crimes. (He also denied Abu Ali's related motion to dismiss the charges in light of the way the evidence was procured.) Now, the trial has begun. In this column, I will explore some troubling aspects of the indictment and the interrogation that gave rise to it. Why the Charges Against Abu Ali Are Shaky Abu Ali is charged with plotting to bring al Qaeda members into the U.S. by means of Mexico, to commit aircraft piracy, and to kill President Bush through the use of suicide bombers and snipers. Abu Ali faces possible life imprisonment on these very serious charges. But whether there ever was such a conspiracy is doubtful. Consider, first, that all of Abu Ali's alleged co-conspirators are unnamed. Some, it seems, have been convicted in connection with other Alexandria "terrorism" cases (including the Paintball cases) as well. Their "cooperation" with prosecutors could lead to reductions in their long sentences. Consider, too, that typically, a conspiracy charge requires not just talk, but an "overt act." And here, the only acts the government alleges are purchases of a cell phone and a laptop. So this case is really about talk. Yet much of the government's evidence regarding what Abu Ali allegedly talked about, comes from his interrogation by his Saudi captors and FBI agents, in a Saudi prison--interrogation that was not only unconstitutional, but highly unreliable. Can Evidence Coerced by Saudi Interrogators Be Used in a U.S. Court? Abu Ali was interrogated by the Saudis without any of the safeguards that Americans are afforded in U.S. court. He did not have the right to an attorney. He was not informed of his Miranda rights. And he was not protected against coercive self-incrimination. Yet now, American prosecutors will be using Abu Ali's unconstitutionally-procured statements against him in an American court. How did this happen? To aid the judge in deciding whether to allow the statements to be admitted, defense attorneys questioned Abu Ali's Saudi interrogators--with the help of Arabic translators -- by live audio and satellite feed from Saudi Arabia to the federal courthouse in Alexandria, Virginia. Supposedly for "security reasons," the Saudi officials were allowed to testify under pseudonyms. (Prosecutors and defense attorneys were also present in Saudi Arabia as well as in Alexandria). What the Saudi Interrogators Claimed: No Torture, Voluntary Confessions The Saudis said it was their idea--not the United States' -- to initially detain Abu Ali in June 2003, as a part of their investigations into the May 2003 bombing of a residential compound in Riyadh. But shortly after the Saudis arrested Abu Ali, they said, Alexandria prosecutors "ordered" them to ask Abu Ali some questions. This admission puts the lie to any claim that this was not, in effect, a joint U.S.-Saudi scheme of imprisonment and interrogation Had Abu Ali's interrogation taken place in the U.S., it would have been plainly unconstitutional. Kept in solitary confinement (allegedly for his own protection), Abu Ali was repeatedly interrogated from 8 p.m. to 6 a.m. (according to his captors, because it was too hot during the day, and not to deprive him of sleep), a commonly used coercive interrogation tactic. He was also often shackled and chained during questioning. At some point, Abu Ali was ordered to put his "confessions" into writing and read them aloud while being videotaped. The Saudis denied use of any torture. What the FBI Agents Claimed: No Attempt to Circumvent Miranda Protections The FBI agents who traveled to Saudi Arabia also testified. They explained that they had watched from behind a one-way mirror while Saudis conducted interrogations. They eventually participated in their own interrogations, with and without their Saudi counterparts. Emails from FBI agents to Alexandria prosecutors assured them that the Saudis would do whatever the US told them to do. This is further evidence that the Saudis and Americans were engaged in a joint enterprise to detain and interrogate Abu Ali. With U.S. prosecutors calling the shots, and doing some of the interrogating, why weren't Abu Ali's constitutional rights honored? The FBI agents testified that Miranda was not applicable, nor was Abu Ali provided a lawyer, because Abu Ali was not a U.S. criminal suspect. Rather, they say, they were just talking to Abu Ali to gather intelligence. But that crucial assertion, too, utterly lacks credibility. Of course the FBI came to Saudi Arabia to investigate charging Abu Ali with a crime--which was exactly what they later did. If it were purely for intelligence purposes, wouldn't they have sent interrogators from the CIA or the Department of Defense? What the Doctors Testified: Evidence of Beatings and Trauma Abu Ali's attorneys introduced the testimony of physicians who believed that scars on Abu Ali's back were evidence of beatings. Prosecution experts said these scars were either self-inflicted, or acne scars. But what we know of Saudi interrogation practices makes the defense experts' testimony far more compelling. Defense psychological experts said that Abu Ali was suffering from post-traumatic stress syndrome, brought on by his imprisonment and interrogation. Prosecution psychologists said he was well-adjusted, and any maladjustment symptoms were feigned. Again, the defense's experts were more credible: Who among us would not be traumatized by being interrogated for months in a Saudi prison? Judge Lee's Opinion Wrongly Finds That No Laws or Rights Were Violated In light of the evidence presented, how could Judge Lee let this case go forward? He defended his reasoning in a 113-page decision. But his logic comes down to taking the FBI's word for the proposition that the interrogation was designed to obtain intelligence, and was not part of a criminal investigation--and thus that Abu Ali did not enjoy the rights of a criminal suspect. By adopting the government's implausible spin on the facts, Judge Lee concluded that Abu Ali had no rights at all. It is not clear at what point Abu Ali, in fact, became a suspect, but we do know Abu Ali's indictment was suspiciously and closely related to developments in the habeas corpus case filed by Abu Ali's parents in federal court in the District Columbia, before Judge John Bates. So, if we take the government's word for it (as Judge Lee did), Abu Ali never was a suspect. But, he suddenly became a defendant when it appeared that Judge Bates was having some problems with the government's position that Abu Ali--then in Saudi Arabia--was so dangerous he could not be returned to the U.S. Judge Lee Rewards the Government's Unconstitutional Tactics Judge Lee excluded no evidence, rewarding the government for its decision to interrogate an American in a Saudi prison using Saudi tactics. He repeatedly concluded that the methods and tactics used against Abu Ali did not "shock the conscience," the Supreme Court's standard for excluding confessions on the ground that they were not voluntarily given. Even if the evidence about physical beatings was not wholly convincing, to conclude that a confession is voluntary when given in a Saudi prison under harsh interrogation tactics over an eighteen-month period, much of it in solitary confinement, without a lawyer, defies credibility. Judge Lee also ruled that Abu Ali had no speedy trial right because at no time was he under arrest by the United States; rather, he was simply an intelligence target. Judge Lee found no credence in the defense position that the Saudis were acting as agents of the U.S. in order to circumvent U.S. constitutional rights. But he should have: The government's own emails boasting of the Saudis' doing what they were told; the questions fed to the Saudis by the FBI; the joint and U.S.-only interrogations in Saudi prisons; and the well-known U.S.-Saudi alliance, are all evidence that the Saudis acted as U.S. agents--though also on their own behalf as well. While Judge Lee ignored the weakness of many of the government's claims, he honed in on any perceived inconsistency between Abu Ali's versions of events and the interrogatories his attorneys submitted--seeing such inconsistencies as a sign of Abu Ali's "cunning." The Practice Of Unconstitutional U.S. Interrogations In Foreign Prisons Must End Dana Priest, writing for the Washington Post last week, confirmed what Amnesty International and others had thought for some time: The CIA is running a chain of prisons outside the United States. Its captives are alleged terrorists. Rights--whether under the Geneva Conventions or the U.S. Constitution--are ignored. The Post article describes prison cells consisting of underground tunnels, hidden not just from the light of day, but from the prying eyes of the U.S. Congress and the American taxpayers who foot the bill. Government sources admit that the prisoners are subject to intense interrogation. Some have been imprisoned for years. As odious as these imprisonments and interrogations are, like it or not, the CIA's ability to operate outside the constraints of law has a long history in this country. This is not the case with federal criminal justice system, whose accountability makes it the best in the world. Abu Ali's shocking treatment is the first that tests the notion that Americans can be imprisoned abroad by their government, interrogated by foreign and domestic law enforcement, and be denied all rights as coercive confessions are obtained to be used against them in a U.S. court. (The value of Abu Ali's confessions cannot be underestimated, given that at least some of the unnamed co-conspirators are thought to be convicted terrorists themselves.) Abu Ali, if convicted, won't find much sympathy on appeal to the U.S. Court of Appeals for the Fourth Circuit or the U.S. Supreme Court. Justice John Roberts and, if confirmed, a Justice Samuel Alito, are strong proponents of virtual unbridled executive and prosecutorial powers, especially in the "war" on terrorism. Abu Ali's case may be the beginning of the end of differences between the U.S. criminal justice system and those of repressive, undemocratic regimes like Saudi Arabia, its partner in this case. In terms of criminal cases, the Bill of Rights is being tested like never before in Judge Lee's courtroom. So far, the cherished rights are on the losing side. The only consolation--if there is any at all--is that at least the government was forced to bring Abu Ali to the U.S. so that we can see what it is doing to one of its citizens. In the future, Americans may be sitting in one of those underground interrogation cells in a CIA prison. We won't know their names, and they won't be heard from again. Elaine Cassel practices law in Virginia and the District of Columbia and teaches law and psychology. She doesn't like being lied to. Her new book The War on Civil Liberties: How Bush and Ashcroft Have Dismantled the Bill of Rights, is published by Lawrence Hill. She can be reached at: ecassel1@cox.net   What You're Missing in the Special Expanded Print Edition The War So Far: a Failure Worse Than Vietnam by Patrick Cockburn in Baghdad "The need for the White House to produce a fantasy picture of Iraq is because it dare not admit that it has engineered one of the greatest disasters in American history. It is worse than Vietnam because the enemy is punier and the original ambitions greater." Get the answers you're looking for in the subscriber-only edition of CounterPunch ... CounterPunch Online is read by millions of viewers each month! But remember, we are funded solely by the subscribers to the print edition of CounterPunch. Please support this website by buying a subscription to our newsletter, which contains fresh material you won't find anywhere else, or by making a donation for the online edition. Remember contributions are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! 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Coming in the Fall from CounterPunch Books! The Case Against Israel By Michael Neumann Click Here to Advance Order Philosopher Michael Neumann's Devastating Rebuttal of Alan Dershowitz WHAT'S INSIDE Grand Theft Pentagon: Tales of Greed and Profiteering in the War on Terror by Jeffrey St. Clair