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STEPHEN GREEN reports on the real motivations behind Israel's MISSILE STRIKE on SYRIA. PETER MONTAGUE on the NUCLEAR RENAISSANCE or How the Nuke Industry is using Gore's Prize and Global Warming to Plot Its Big Comeback. WILLIAM BLUM on the DEVALUING of "ANTI-SEMITE" or How to Make a Term Meaningless. Get your copy today by subscribing online or calling 1-800-840-3683 Remember contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now
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October 22, 2007 Ishmael
Reed October 20 / 21, 2007 Alexander
Cockburn Tariq
Ali Jeffrey
St. Clair Andy
Worthington Mike
Whitney Daniel
Wolff David
Rosen Saul
Landau Ron
Jacobs Robert
Fantina David
Heleniak Joe
Allen Prairie
Miller Poets'
Basement Website
of the Weekend
October 19, 2007 John
Ross Sheldon
Rampton Rahul
Mahajan Devra
Davis Christopher
Brauchli Wadner
Pierre Bill
Quigley Website
of the Day
October 18, 2007 Saree
Makdisi Meg
Dwyer Alevtina
Rea Norman
Solomon Kristoffer
Larsson Harvey
Wasserman Website
of the Day
October 17, 2007 Steve
Niva Andy
Worthington Alan
Farago Russell
Mokhiber Sharon
Smith Mike
Whitney Robert
Fantina Chris
Irwin Website
of the Day October 16, 2007 Peter
Linebaugh Paul
Findley Robert
Bryce Uri
Avnery Paul
Craig Roberts Ray
McGovern Norman
Solomon Martha
Rosenberg William
S. Lind Joel
S. Hirschborn Website
of the Day
October 15, 2007 Gary
Leupp Andy
Worthington Heather
Gray John
Walsh Joshua
Frank Dave
Lindorff Matt
Vidal Ali
Khan Sen.
Russ Feingold Johnny
Barber Website
of the Day October 13 / 14, 2007 Alexander
Cockburn Wajahat
Ali Jeffrey
St. Clair Ralph
Nader David Heleniak Laura Carlsen Brian Cloughley Richard Rhames Ron Jacobs Fred Gardner John Ross Russell Hoffman Missy Beattie Poets' Basement Website of the Day
Cindy
Sheehan Brendan
Cooney Alan
Farago Jan
Oberg M.
Shahid Alam David
Macaray Julia
Kendlbacher Peter
Rost, MD Website
of the Day
Al
Giordano Saul
Landau Jacob
G. Hornberger William
S. Lind Joshua
Frank Josh
Mahan Pat
Williams
October 10, 2007 Michael
Yates Gary
Leupp David
Macaray Alan
Farago Tom
Clifford Col.
Douglas MacGregor Sunsara
Taylor George
Wuerthner Roxanne
Dunbar-Ortiz Michael
Dickinson Website
of the Day
October 9, 2007 Paul
Craig Roberts Andy
Worthington Alan
Farago Brian
Eno David
Rovics Farzana
Versey Andrew
Buncombe Website
of the Day
October 8, 2007 David
Macaray Jeff
Ballinger Brian
Eno Christopher
Brauchli Louay
Safi Matt
Reichel Dave
Lindorff Thomas
P. Healy Martha
Rosenberg Richard
Rhames Website
of the Day
October 6 / 7, 2007 Alexander
Cockburn Norman
Finkelstein James
Bovard Patrick
Cockburn Jeffrey
St. Clair Ralph
Nader Ray
McGovern Saul
Landau Ben
Tripp Terry
Lodge Seth
Sandronsky Kevin
Funk / Steve Fake Missy
Beattie Website
of the Weekend
October 5, 2007 Andy
Worthington David
Macaray Lee
Sustar Dan
La Botz Aaron
Hess William
A. Cook Website
of the Day
October 4, 2007 Uri
Avnery Dave
Marsh Valerio
Volpi Cecilie
Surasky Dave
Lindorff Norman
Solomon Laura
Carlsen Walter
Brasch Ben
Terrall William
S. Lind Website
of the Day
October 3, 2007 Vijay
Prashad Anita
Sinha Winslow
T. Wheeler Sharon
Smith Jeff
Leys Sen.
Russ Feingold Mohamad
Bazzi Brenda
Norrell Robert
Weissman Website
of the Day
October 2, 2007 Ibrahim
Warde Gary
Leupp David
Macaray Conn
Hallinan John
Ross Alan
Farago Sonja
Karkar Niranjan
Ramakrishnan Website
of the Day
October 1, 2007 Al
Giordano Paul
Craig Roberts Moshe Adler Ingmar Lee John V. Walsh Norman Solomon Roger Burbach Ramzy Baroud Stephen Lendman Susie Day Website of the Day
September 29 / 30, 2007 Alexander
Cockburn Uri
Avnery Andrew
Cockburn Jeffrey
St. Clair Wajahat
Ali Andy
Worthington Don
Santina Ralph
Nader Fred
Gardner Seth
Sandronsky Gideon
Levy William
S. Lind Reza
Fiyouzat Richard
Rhames David
Michael Green Zach
Mason Poets'
Basement Website
of the Weekend
September 28, 2007 Kathleen
and Bill Christison Roberto
J. González / Saul
Landau Tom
Clifford Christopher
Brauchli Martha
Rosenberg Dave
Zirin Laray
Polk Binoy
Kampmark James
McEnteer Website
of the Day
September 27, 2007 Alan
Farago Andy
Worthington Jonathan
Cook William
Hughes Ray
McGovern Ron
Jacobs Dave
Lindorff Joshua
Frank Anne
Dachel Website
of the Day
Bill
Quigley Paul
Craig Roberts Jeff
Kisseloff China
Hand Behzad
Yaghmaian Sonja
Karkar Mike
Ferner Col.
Dan Smith Clifton
Ross Brenda
Norrell Website
of the Day
September 25, 2007 Nicole
Colson Uri
Avnery Brendan
Cooney Harry
Browne Marjorie
Cohn David
Macaray Ralph
Nader Dan
Bacher Anthony
Papa Christopher
Ketcham Website
of the Day
September 24, 2007 George
Ciccariello-Maher Saree Makdisi David
Keen Sherwood
Ross Ron
Jacobs Donna
Saggia Mike
Ferner Malini
Johar Schueller Monique
Dols Website
of the Day
Alexander
Cockburn Jennifer
Loewenstein Linn
Washington, Jr. Jeffrey
St. Clair Alan
Farago Brian
Cloughley Robert
Fantina Roxanne
Dunbar-Ortiz Jason
Hribal David
Rosen Mike
Whitney John
V. Walsh Dave
Lindorff David
Michael Green Fred
Gardner Cassandra
Jones Roger
van Zwanenberg Poets'
Basement Website
of the Weekend
September 21, 2007 Karim
Makdisi M.
Shahid Alam Alan
Farago Joshua
Frank Dave
Zirin Kenneth
Couesbouc Dr.
Steffie Woolhandler and Dr. David Himmelstein Ben
Terrall Steve
Fournier Frederico
Fuentes, et al Website
of the Day
September 20, 2007 Kathleen
Christison Zoltan
Grossman Paul
Craig Roberts Stan
Cox Russell
Mokhiber Charles
Modiano Raymond
J. Lawrence Brendan
Cooney Website
of the Day
September 19, 2007 Paul
Craig Roberts Paul
Krassner Sgt.
Martin Smith Seth
Sandronsky Claud
Cockburn Victoria
Buch Robert
Weissman Mike
Ferner Dan
Bacher Website
of the Day
September 18, 2007 Mike
Whitney Alan
Farago John
Ross Ron
Jacobs Alex
Doherty September 17, 2007 Marjorie
Cohn Paul
Craig Roberts Ricardo
Alarcón Marc
Levy Eva
Liddell Website
of the Day Sept. 15-16, 2007 Alexander
Cockburn Vicente
Navarro Mike
Whitney Herman
Mindshaftgap Ellen
Cantarow Jordan
Flaherty Zachary
Hurwitz September 14, 2007 Debbie
Nathan Franklin
Lamb Patrick
Cockburn Farzana
Versey Alan
Farago Hank
Edson September 13, 2007 Patrick
Cockburn Scott
Vest, former Air Force Captain at Minot Andy
Worthington Michael
Baney Dr.
Susan Block September 12, 2007 Paul
Craig Roberts Stan
Goff William
Blum Manuel
Garcia Debbie
Nathan
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October 22, 2007 Another Loyal BushieMichael Mukasey and the ConstitutionBy MARJORIE COHN The Michael Mukasey Senate Judiciary Committee confirmation hearing has demonstrated that Mukasey cannot be relied upon to function independently as U.S. Attorney General. Nevertheless, Senators on the Senate Judiciary Committee seem so thrilled that Mukasey is not Alberto Gonzales that they're willing to vote for him even though he's another loyal Bushie. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, backed down on his promise to hold up the confirmation hearing until the administration turned over material his committee had requested regarding several investigations. Leahy said of Mukasey after the hearing, "He's at least answered the questions, which is better than his predecessor. He's going to be different than Gonzales on all the issues, I think. He will certainly be better than Gonzales on morale." But saying that Mukasey compares favorably to Alberto Gonzales is faint praise for the nominee. The former Attorney General resigned during a firestorm of criticism about his U.S. Attorney purges, and his repeated claims of memory loss when he testified before the Senate Judiciary Committee. Mukasey doesn't seem to have a memory problem; he relied on a different excuse for dodging the Senators' hard questions: he hasn't been "read in on" the details of Bush policies, such as interrogation techniques, or the "Terrorist Surveillance Program." Mukasey claims he doesn't know what water boarding is, so he can't say if it constitutes torture. Say what? Mukasey's claimed ignorance of water boarding is about as credible as his predecessor's convenient claims of amnesia. Rear Adm. John Hutson (USN Ret.) testified at the confirmation hearing, "Other than, perhaps the rack and thumbscrews, water boarding is the most iconic example of torture in history. It was devised, I believe, in the Spanish inquisition. It has been repudiated for centuries." Mukasey made the incredible
assertions that "we do not torture" and "I don't
think people are mistreated" at Guantánamo. The
main problem he sees with The rest of us haven't been "read in on" the classified details either. But we know that torture and inhuman treatment is Bush policy in spite of the fact it's illegal. The 2005 Department of Justice memos recently leaked to the New York Times say the government is engaging in water boarding, head slapping and exposing people to frigid temperatures, the International Committee of the Red Cross said the treatment of prisoners in U.S. custody is tantamount to torture, and the U.N. Human Rights Commission concluded that force feeding Guantánamo prisoners amounts to torture. We also know that Bush spied on Americans without warrants in spite of the Foreign Intelligence Surveillance Act (FISA) because he and Gonzales admitted it. And we know what water boarding is. Some of Mukasey's testimony before the Senate Judiciary Committee should have raised red flags in the minds of Democratic Senators. Mukasey refused to reject the notion that the President can constitutionally violate FISA. He misread the Supreme Court's recent decision in Hamdan v. Rumsfeld, which clearly rejected Bush's claim that Common Article 3 of the Geneva Conventions doesn't protect al-Qaeda prisoners. Common Article 3 prohibits torture and cruel or inhuman treatment of all prisoners. In fact, the Hamdan Court referred to possible liability under the U.S. War Crimes Act for those who violate Common Article 3. And when asked about contempt charges against witnesses who refuse to respond to congressional subpoenas, Mukasey said he would refuse to follow the statute that requires a U.S. attorney to refer contempt citations to a grand jury. Nonetheless, Mukasey appears to be a shoo-in, with the Senate proceedings resembling a charade. One month before Mukasey was tapped by Bush for AG, the former federal judge penned an op-ed in the Wall Street Journal complaining about too much due process in terrorism prosecutions and advocating special courts where the Constitution wouldn't get in the way of catching the bad guys. Mukasey's excessive zeal for Bush's war on terror was evident right after 9/11. In an October 2, 2001 hearing in his court, then-Judge Mukasey dismissed attorney Randall Hamud's claim that his client, 21-year-old Jordanian Osama Awadallah, had been physically beaten while in custody and had the marks to prove it. Mukasey retorted, "As far as the claim he was beaten, I will tell you he looks fine to me." The judge then refused to direct that Awadallah be examined by a doctor, and ordered that he be held indefinitely. The marks were under Awadallah's clothing. He was one of the more than 1,000 men of Arab descent rounded up after 9/11, and later exonerated. Many suffered similar abuse while in U.S. custody. Ronald Kuby was a defense attorney in the 1995 Omar Abdel Rahman case, over which Mukasey presided. Mukasey "was violating the rights of Arabs before it was popular," Kuby said. "It was very much like trying a case with two prosecutors, one of whom was wearing a black robe." After librarians complained about the USA Patriot Act's provision that required them to tell the government what books we read, Mukasey mocked them in a Wall Street Journal op-ed. He described civil liberties concerns as "recreational hysteria." Although former Judge Mukasey ruled Jose Padilla had the right to consult with counsel, he held that the President has the power to detain U.S. citizens caught on U.S. soil without charging them with a crime. When Sen. Dianne Feinstein questioned him, Mukasey incorrectly cited Hamdi v. Rumsfeld to support his position. Hamdi, unlike Padilla, was captured on the battlefield in Afghanistan, and the high court held that even Hamdi was entitled to some basic due process. In response to Feinstein's question about whether Congress has the right to set boundaries on military action under Article I of the Constitution, Mukasey demurred, arguing his "learning curve" was "steep." Mukasey ducked the question of whether he would advise the President to allow unlawful enemy combatants habeas corpus rights at Guantánamo Bay. "I would not advise the President to grant rights beyond those that they already have," he told Sen. Lindsey Graham. In spite of the Military Commissions Act, which purports to deny these people statutory habeas rights, the Supreme Court will likely decide this term that they still have the constitutional right to habeas corpus. At the committee hearing on Wednesday, Mukasey was introduced by his dear friend and law school buddy Joe Lieberman. No one is fanning the flames of war against Iran more than Lieberman. Bush/Cheney likely see Mukasey as a reliable ally who will help "legitimize" their impending illegal attack on Iran. When Bush nominated Mukasey for attorney general, he declared Mukasey would "ensure that our law enforcement and intelligence officers have the tools they need to protect the United States and our citizens." Mukasey, who refused to call water boarding torture, will likely support that "tool" in the war on terror. Mukasey told senators in advance of his hearing that he supports enhanced interrogation techniques, according to Newsweek's Michael Isikoff. Michael Mukasey cannot be counted on to independently investigate the crimes of the White House. Elizabeth Holtzman, a former congresswoman who served on the House Judiciary Committee during the Nixon impeachment, advocated in a recent op-ed in the Progressive that the Senate should confirm Muksey only if he pledges to appoint a special prosecutor to investigate the Bush administration. That's what the Democratically-controlled Congress did in 1973 after Nixon nominated Elliot Richardson for attorney general. Richardson agreed, he was confirmed, and then appointed Archibald Cox as special prosecutor. Cox's investigations and summary dismissal resulted in the issuance of articles of impeachment against Nixon in the House Judiciary Committee followed by Nixon's resignation. It would be wonderful to have a Congress that once again stood up to the President when he breaks the law. Marjorie Cohn is a professor at Thomas Jefferson
School of Law and president of the National Lawyers Guild. She
is the author of Cowboy
Republic: Six Ways the Bush Gang Has Defied the Law
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