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Today's
Stories
March 4, 2009
Marjorie Cohn
Blueprints for a Police State
March 3, 2009
Conn Hallinan
Ethnic Cleansing and Israel
Fawzia Afzal-Khan
The Long, Dark Night of Pakistan
Brian M. Downing
The Changing Game in Afghanistan
Robert Larson
External Damnation: Companies are Designed for Destruction
Daniel P. Wirt, MD
Single-Payer Health Reform
Russell Mokhiber
Burn Your Health Insurance Bill!
William Loren Katz
Obama, One Ape and Two Newspapers
Kathy Sanborn
The Lazy Man's Guide to the Economic Crisis
Pauline Imbach
A New Start for the World Social Forum?
Christopher Ketcham
The Best Journalism You'll Write is Priceless
Website of the Day
The Surveillance Self-Defense Project
March 2, 2009
Andrea Peacock
A Poisoned Town's Shot at Justice
Paul Craig Roberts
Obama's Budget
Peter Lee
Pakistan Lurches Toward the Abyss
John Blair
Locking Down Big Coal
Peter Morici
Treasury's Flawed Plan for Citigroup
Uri Avnery
10 Ways to Kill Fatah
Michael Donnelly
Resistance to the War on the Wild
Fred Gardner
The Judge Who Ruled Marijuana is Medicine
Sonia Nettnin
Middle East Medical Mission Heroes
Andrew Lehman
A New Deal for the Web
Website of the Day
Pentagon Papers II?
Feb. 27 - March 1, 2009
Alexander Cockburn
Is Nancy Pelosi Really Against War Crimes?
Harry Browne
Where the Cheats Have No Shame
Anthony DiMaggio
From Bush to Obama:
Seven Years of Wartime Propaganda
Sasan Fayazmanesh
Dennis Ross and Iran: the Fox and the Chicken Coop
Mischa Gaus
The Banks' War on Workers
Felice Pace
The Economy and the Big Picture
Mike Whitney
Is Free Market Capitalism Possible Without Accountability?
Lee Sustar
Blaming the Autoworkers
Peter Lee
The Other Side of the Coin in Afghanistan
Nicole Colson
Ruining Young Lives for Profit
Roger Burbach
Et Tu, Daniel?
The Betrayal of the Sandinista Revolution
Rannie Amiri
King Abdullah Has No Robes
Missy Beattie
Owning Disaster
Dave Lindorff
America's Stupid Health Care Debate
Robert David Steele Vivas
Intelligence for the President--and Everyone Else
John Ross
Teotihuacan Gets Mickey-Moused
Ralph Nader
Civic Heroism Awards
Yves Engler
Haiti's Harsh Realities
Alan Farago
The Story of Leonard Abess, Banker
Zulfikar Majid
Understanding Kashmir
David Yearsley
Don't Stay Up Too Late, Johan!
Charles R. Larson
Sleeping with Dogs
Kim Nicolini
Spitting at Dark Times: Mike Leigh's "Happy-Go-Lucky"
Lorenzo Wolff
So You Wanna Be a Garage Rock Star
Poets' Basement
Puthoff, Payne, Gaffney and Gray
Website of the Weekend
Sleep Now in the Fire
February 26, 2009
Dave Lindorff
Obama's Address to Congress
Jonathan Cook
Israel's Military Mephistopheles
Patrick Cockburn
Did the US Learn Anything in Iraq?
Mike Whitney
The Geithner Put
Eamonn McCann
"Make Bono Pay Tax"
Tim Wise
Eric Holder and the Whitewashing of Racism
Tom Barry
Napolitano's Hard Line
Harvey Wasserman
Obama's Excellent Atomic Omission
Adam Turl
The Enemies of Unions and the Lies They Tell
David Macaray
When People are Fired Illegally
James McEnteer
Rush to the Rescue: Limbaugh's Secret Plan to Save the Economy
Website of the Day
The Carbon Casino
February 25, 2009
Chris Sands
Afghanistan: Chaos Central
M. Shahid Alam
Israel in 1948: Poised for Expansion
Chris Floyd
Obama's Non-Withdrawal Withdrawal Plan
Dave Lindorff
Wall Street and Bernanke: the Blind Leading the Blind
Norman Solomon
The Slow Pullout Method
Rachel Godfrey Wood
Neoliberals Do The Amazon
Niranjan Ramakrishnan
Teacher and Student: the New Class Struggle
Ron Jacobs
It Ain't Over Till It's Over
Nadia Hijab
The First Waltz
Dennis Loo
The Water Line
Website of the Day
Hitchens Gets Stomped by Syrian Nerd
February 24, 2009
Paul Craig Roberts
How the Economy was Lost
Uri Avnery
Coalition Theory
Peter Morici
Is Nationalization Inevitable?
Jonathan Cook
Arab Parties Face Most Hostile Knesset in History
Paul Fitzgerald /
Elizabeth Gould
The Man Who Shouldn't be King (of Afghanistan)
Andy Worthington
Who is Binyam Mohamed?
Brian Horejsi
Crisis Creates Hope for Reality
Julia Stein
I was a Writer for the Government
Norm Kent
How Judges Disgrace the Bench
Rachel Smolker /
Brian Tokar
Biofuels, Promise or Threat?
Dennis Loo
The Water Line: Doing What Must be Done
James McEnteer
The Oscar for Denial
Website of the Day
How to Destroy a Fox News Anchor
February 23, 2009
Michael Hudson
The Language of Looting
Mike Roselle
On Cherry Pond: Going Up Against Big Coal in W. Virginia
Patrick Cockburn
The New War in Iraq
Franklin Spinney
Obama Steps on the Pentagon Escalator
Einar Már Guðmundsson
A War Cry From the North
Ralph Nader
How Credit Unions Survived the Crash
Jordan Flaherty
A New Orleans Intifada?
Helen Redmond
Ted's Table: Kennedy and the Corporate Lobbyists Craft a Health Plan
Dennis Loo
The Water Line
Harvey Wasserman
Jet Crashes and Nuclear Reactors: Feds Ignore a Serious Risk
Terry Lodge
The Intelligence is Wrong
Website of the Day
BadCreditReport.Com
February 20 / 22, 2009
Alexander Cockburn
The Lawyer's Tale
Michael Neumann /
Osha Neumann
Remove Our Grandmother's Name from the Wall at Yad Vashem
Ismael Hossein-zadeh
Herbert Hoover Copycats
Paul Craig Roberts
Bill of Rights Under Fire
Linn Washington Jr.
The NY Post's Chimpanzee Cartoon
Saul Landau
On the Road Again
Marjorie Cohn
War Criminals Must be Prosecuted (And Their Lawyers Too)
Binoy Kampmark
Cricket and Cartels: the Fall of Sir Allen Stanford
Dave Lindorff
Using the Recession to Hammer Workers
David Yearsley
Edward Said's Greatest Musical Writings
David Macaray
A Closer Look at the Employee Free Choice Act
James McEnteer
Last Mambo in Minnehaha
Rick Salutin
A Canadian Looks at Obama
Wayne Clark
South Carolina Nears the Abyss
Richard Rhames
Got Farms?
Stephen Martin
Silver Mist Descending
Mitu Sengupta
Slumdog Millionaire's Dehumanizing View of India's Poor
Charles R. Larson
Slumdog Reality?
Richard Morse
Carnival Ramble in Haiti
Lorenzo Wolff
Desperation in an Unavoidable Groove
Poets' Basement
Three Poems of Tu Fu (Trans. K. Rexroth)
Website of the Weekend
Ron Paul: What If the People Wake Up?
February 19, 2009
Norman Finkelstein
The Cleanser: Lobbyists Whistle Up Cordesman to "Prove" Israel Waged a Clean War in Gaza
Harry Browne
How Ireland Went Bust
Robert Bryce
Why the Promise of Biofuels is a Lie
Brian M. Downing
The Winding Road:
From Western Europe to Kyrgyzstan
Fred Gardner
The DEA Chief's $123,000 Flight
Andy Worthington
Obama's Uighur Problem
Wajahat Ali
Aftermath of a Beheading
Laura Carlsen
A New Attitude at the White House Toward Bolivia and Venezuela?
Deb Reich
Gaza: Choose Life!
Christopher Ketcham
Crisis? What Crisis?
Website of the Day
Taking Back NYU
February 18, 2009
Paul Craig Roberts
President of Special Interests
Mike Whitney
Trouble at Treasury
M. Shahid Alam
Afghan Pitfalls
Patrick Cockburn
A Real Surge at Last
Conn Hallinan
Death's Laboratory
Dave Lindorff
Whatever Happened to Antitrust?
Rannie Amiri
The Perils of Blogging in Egypt
Gareth Porter
Pushing Back Against Petraeus on Pullout Risks
Eric Hobsbawm
Remembering V. G. Kiernan
Christopher Brauchli
The Pope's Predicament
Martha Rosenberg
It's the Cymbalta Stupid
Website of the Day
Red Gold
February 17, 2009
Michael Hudson
The Oligarchs' Escape Plan
Mike Whitney
The Global Ditch
Ralph Nader
The One-Dimensional Congress
Joanne Mariner
Benchmarking Obama: How to Evaluate the New Administration's Counter-Terrorism Policies
John Ross
Commodifying the Revolution: Zapatista Villages Become Hot
Tourist Destinations
Belén Fernández
The Venezuelan Referendum From the Back of a Pickup Truck
Mats Svensson
Who is a Terrorist?
David Macaray
Why America Needs Labor Unions
Gregory Vickrey
$400 in Change
M. Junaid Levesque-Alam
Another Hamastan?
Michael Dickinson
Unrest in Istanbul
Website of the Day
Take a Stand for Open Access
February 16, 2009
Patrick Cockburn
Iraq Reconstruction: the Greatest Fraud in US History?
Oscar Guardiola-Rivera
The Truth About Colombia's New Emperor
Paul Craig Roberts
Who Remembers Guns and Butter?
Uri Avnery
Livni's Bitter Options
P. Sainath
The Meltdown: Whose Crisis Is It?
Dedrick Muhammad / Michael Brown
White Recession, Black Depression
Carla Blank
A New New Deal for the Arts
Patrick Irelan
Venezuela Ends Term Limits
Dan Bacher
Is Delta Pumping Driving Salmon and Orca Decline?
Fidel Castro
Chavez's Clarion Call
Harvey Wasserman
Hail to the Spleef: Did George Washington Smoke Pot?
Website of the Day
Mining Black Mesa
February 13 - 15, 2009
Alexander Cockburn
On the Rocks
Joshua Frank
The Myth of Clean Coal
Mike Whitney
Geithner's Coming Out Party
George Ciccariello-Maher
Venezuela's Term Limits: More Hypocrisy From the NYT
Nikolas Kozloff
Venezuela Beyond the Referendum
Brian M. Downing
Pakistan on the Brink
Paul Craig Roberts
Deficit Nonchalance
Christopher Ketcham
Israel's Ball Boys
Ron Jacobs
At a Campus Sit-In Against Israeli Occupation
Dave Lindorff
Why Can Judd Gregg See What Obama Can't?
Alan Maass
Lincoln at 200
Chuck Spinney
Grassley Sounds Off on Obama's Man at the Pentagon
Phil Gasper
Mr. Darwin's Reluctant Revolution
Stephen Lendman
A Short History of Business Handouts
Charles Thomson
Tate Cruises: Caveat Emptor on the High Seas
Kathy Sanborn
The Suicide Rush
Saul Landau
Bowled Over
Len Wengraf
The Nightmare in Somalia
Harvey Wasserman
Striking a Blow Against Nuclear Power
David Macaray
An Easy Call for Obama on Joining a Union
Tom Stephens
Four Freedoms, Four Changes
Seth Sandronsky
Lincoln and the Collective Mind
David Yearsley
On the Road Again
Lorenzo Wolff
Freaking Out With Danny Barnes
Kim Nicolini
The Body of the Worker: What "The Wrestler" Says About the State of America
Poets' Basement
Anderson, Buknatski and French
Website of the Weekend
The Iranian Revoution and the US Dual Containment Policy: a Presentation
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March 4, 2009
The Yoo-Bybee Memoranda
Blueprints for a Police State
By MARJORIE COHN
Seven newly released memos from the Bush Justice Department reveal a concerted strategy to cloak the President with power to override the Constitution. The memos provide “legal” rationales for the President to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of U.S. citizens; lock up U.S. citizens indefinitely in the United States without criminal charges; send suspected terrorists to other countries where they will likely be tortured; and unilaterally abrogate treaties. According to the reasoning in the memos, Congress has no role to check and balance the executive. That is the definition of a police state.
Who wrote these memos? All but one were crafted in whole or in part by the infamous John Yoo and Jay Bybee, authors of the so-called “torture memos” that redefined torture much more narrowly than the U.S. definition of torture, and counseled the President how to torture and get away with it. In one memo, Yoo said the Justice Department would not enforce U.S. laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants.
What does the federal maiming statute prohibit? It makes it a crime for someone "with the intent to torture, maim, or disfigure" to "cut, bite, or slit the nose, ear or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person." It further prohibits individuals from "throwing or pouring upon another person any scalding water, corrosive acid, or caustic substance" with like intent.
The two torture memos were later withdrawn after they became public because their legal reasoning was clearly defective. But they remained in effect long enough to authorize the torture and abuse of many prisoners in U.S. custody.
The seven memos just made public were also eventually disavowed, several years after they were written. Steven Bradbury, the Principal Deputy Assistant Attorney General in Bush’s Department of Justice, issued two disclaimer memos – on October 6, 2008 and January 15, 2009 – that said the assertions in those seven memos did “not reflect the current views of this Office.” Why Bradbury waited until Bush was almost out of office to issue the disclaimers remains a mystery. Some speculate that Bradbury, knowing the new administration would likely release the memos, was trying to cover his backside.
Indeed, Yoo, Bybee and Bradbury are the three former Justice Department lawyers that the Office of Professional Responsibility singled out for criticism in its still unreleased report. The OPR could refer these lawyers for state bar discipline or even recommend criminal charges against them.
In his memos, Yoo justified giving unchecked authority to the President because the United States was in a “state of armed conflict.” Yoo wrote, “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” Yoo made the preposterous argument that since deadly force could legitimately be used in self-defense in criminal cases, the President could suspend the Fourth Amendment because privacy rights are less serious than protection from the use of deadly force.
Bybee wrote in one of the memos that nothing can stop the President from sending al Qaeda and Taliban prisoners captured overseas to third countries, as long as he doesn’t intend for them to be tortured. But the Convention Against Torture, to which the United States is a party, says that no country can expel, return or extradite a person to another country “where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Bybee claimed the Torture Convention didn’t apply extraterritorially, a proposition roundly debunked by reputable scholars. The Bush administration reportedly engaged in this practice of extraordinary rendition 100 to 150 times as of March 2005.
The same day that Attorney General Eric Holder released the memos, the government revealed that the CIA had destroyed 92 videotapes of harsh interrogations of Abu Zubaida and Abd al Rahim al Nashiri, both of whom were subjected to waterboarding. The memo that authorized the CIA to waterboard, written the same day as one of Yoo/Bybee’s torture memos, has not yet been released.
Bush insisted that Zubaida was a dangerous terrorist, in spite of the contention of one of the FBI’s leading al Qaeda experts that Zubaida was schizophrenic, a bit player in the organization. Under torture, Zubaida admitted to everything under the sun – his information was virtually worthless.
There are more memos yet to be released. They will invariably implicate Bush officials and lawyers in the commission of torture, illegal surveillance, extraordinary rendition, and other violations of the law.
Meanwhile, John Yoo remains on the faculty of Berkeley Law School and Jay Bybee is a federal judge on the Ninth Circuit Court of Appeals. These men, who advised Bush on how to create a police state, should be investigated, prosecuted, and disbarred. Yoo should be fired and Bybee impeached.
Marjorie Cohn is president of the National Lawyers Guild and author of Cowboy Republic.
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