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Inside Iraq's Resistance
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Meet actual Iraqis and not just Western caricatures. Laith al-Saud interviews top man in Iraq's national resistance. It's not just Abu Ghraib and bids to kill Fidel Castro. Torture and assassination are integral parts of America's imperial machine. Don't miss Andrew Wimmer's searing journey into the soul of a nation that tortures as a way of life. Plus Alexander Cockburn on the killing of General Kassem. PLUS Sam Sillen's rollicking exhumation of Edmund Wilson as Malthusian Trostskyite. Get the answers you're looking for in the latest 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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Today's Stories

October 12, 2005

Diana Johnstone
Srebrenica Revisited: Using War as an Excuse for War

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

 

October 1 / 2, 2005

Cockburn / St. Clair
Democrats Sink Deeper into the Ooze

Dave Marsh
A Direction Home: a Message from Bob Dylan

Ralph Nader
Gutless, Spineless and Clueless

Flavia Alaya
Showdown at Sheriff's Plaza

Uri Avnery
The Gladiators: Sharon's Victory

Chris Kutalik
The Battle at Northwest Airlines

Greg Moses
Bill Bennett's Book of Cracker Virtues

Brian J. Foley
I Gave My Copy of the Constitution to a Pro-War Vet

Nicole Colson
Hunger Strike at Gitmo

Ray McGovern
Abu Ghraib is a Command Responsibility

Fred Gardner
Ricky Williams Takes a Late Hit

Justin Felux
Save America from Crime: Abort Every White Baby!

Will Youmans
"Free the P": Hip-Hop for Palestine

Mike Ferner
What Else Shall We Do?

David Krieger
The War in Iraq: a Broken Covenant

Agustin Velloso
Samson Returns to Gaza

Saul Landau
The Constant Gardener: Serious Cinema

Ben Tripp
Right Down the Middle

Poets Basement
Peddibone, Crowell, Engel and Albert

Website of the Weekend
Holler If Ya Hear Me

 

September 30, 2005

Mary Geddry
Why I Marched: They Made My Son Kill

Paul Craig Roberts
Bush is Cooking Up Two New Wars

Dave Lindorff
Judith Miller's Strange Voluntary Jail Time

Gregory Wilpert
"The Osama Bin Laden of Latin America"

Benjamin Dangl
"Gringo, Go Home:" an Interview with Orlando Castillo

James McMurtry
We Can't Make It Here Anymore

T.R. Johnson
Return to the Ninth Ward

 

September 29, 2005

Sen. Russ Feingold
Bush's Iraq War is Weakening America

Carl G. Estabrook
Obama the Enabler

Ramzy Baroud
Rhetoric and Reality of War

Dave Lindorff
What Opposition Party?

Mike Whitney
Brownie's Comic Opera

Jozef Hand-Boniakowski
What Noble Cause?

Gary Handschumacher
Getting Arrested with Cindy Sheehan

Winslow T. Wheeler
No Leaders in Congress Against This War: Lame Democrat and Tame Republicans

 

September 28, 2005

Dr. Eyad Serraj
Letter from Gaza: What Disengagement Sounds Like

William A. Cook
Bush's Security Barrier

Liaquat Ali Khan
The Invention of Porno Torture

Mike Whitney
Apartheid Justice in America

Joshua Frank
Sheehan and the Democrats: Anybody Home?

CounterPunch Wire
New Orleans Prisoners Abandoned to Floodwaters

Chris Genovali
Cutting the Bears Out of the Great Bear Rainforest

Linn Washington, Jr.
White Affirmative Action: How John Roberts Got to the Top

 

September 27, 2005

Forrest Hylton
Political Murder in Puerto Rico: a Matter for Our Movement

Jason Leopold
The Decline and Fall of Bill Frist

Jennifer K. Harbury
Torture is US Policy, Not an Aberration

Ray McGovern
Torture and Cowardice: Why are American Religious Leaders Silent?

Mike Ferner
Bringing the War Home: Arrested at the Pentagon

Antony Loewenstein
When the Truth Comes to Town: What You Can't Say About Israel in Australia

Harry Browne
Live from Hollywood: the IRA Disarms

 

September 26, 2005

Rafael Rodriguez Cruz
Assassination in Puerto Rico: the FBI Murders a Legend

Joshua Frank
Democrats Flee Peace Protests

Lamis Andoni
The Railroading of Taysir Alony

Mike Marqusee
Those Pesky "Urban Intellectuals": Blair, Spiro Agnew and the Antiwar Movement

Rep. Cynthia McKinney
They Can't Fool Us Anymore

Ron Jacobs
A Small March for Me, a Giant March for the Antiwar Movement

Norman Solomon
The Media and the Antiwar Movement

John Chuckman
Bush in a Bottle

Paul Craig Roberts
America is Running Out of Time

 

September 24 / 25, 2005

Kathy and Bill Christison
Polluting Palestine: Settlements & Sewage

Ralph Nader
Stealing the Moment: How Corporations Cashed in on Katrina

Saul Landau
The Terrorist Resumé of Luis Posada

Greg Moses
A Movement Gathers Power on the Sorrow Plateau

Roger Burbach
Hugo Chavez's Mission

Vijay Prashad
America's Shame

Laura Carlsen
After NAFTA

Robert Fisk
When Man and Nature Conspire to Expose the Lies of the Powerful

Dave Lindorff
A Gusher Called Katrina: They Fix Oil Prices, Don't They?

Kirkpatrick Sale / Thomas Naylor
Secession from the Empire: the Middlebury Declaration

Maj. Anthony Milavic
The US Military and Torture: the View of a Former Interrogator

Brian Concannon, Jr.
Haiti: the Time for Action is Now

 

September 23, 2005

CounterPunch News Service
In Which, Phil Donahue Demolishes Bill O'Reilly

Diane Farsetta
Katrina and Right-Wing Think Tanks

Robert Sandels
Militarizing the Market

Christopher Brauchli
Bush: the Good Samaritan for Corporations

Alan Farago
Bird Flu Takes Flight

Dave Zirin
When Sports & Politics Collided: Redeeming the Olympic Martyrs of 1968

Maxine Conant
A Simple Test for Bush

David Price
Workers Get Hit Twice: Katrina and Davis-Bacon Profiteering

 

September 22, 2005

Smith, Wood, Leas, and Greenfield
Which Way Forward for the Green Party? a Report from Tulsa

Patrick Cockburn
Iraqis: This Government has No Authority

Manuel Garcia, Jr.
Thinking is Religious Freedom

Lucia Dailey
Trial of the St. Patrick's Four: Day One

Mokhiber / Weissman
Are You a Speed Freak?

Russell D. Hoffman
The Nukes in Rita's Path

Kona Lowell
God's Hurricane?

Jason Leopold
GOP Fiscal Policy and Katrina

Website of the Day
Robert Pollin on the Global Economy

 

September 21, 2005

Jorge Mariscal
Military Recruiters: Counselers or Salesmen?

Linda S. Heard
Double Standards in Iraq: Basra Brit Jailbreak

Joshua Frank
NYPD Unplugs Cindy Sheehan

Eric Ruder
"The Problem in Iraq is the US": an Interview with Camilo Mejia

Pierre Tristam
The Struts and Bull Presidency

Dave Lindorff
The Real Story of the German Elections

Mike Ferner
Sit Down in DC

Missy Comley Beattie
Bush's Katrina Bling Bling

Jeffrey St. Clair
W Marks the Spot

Website of the Day
New Orleans: Survivor Stories

 

September 20, 2005

Steve Breyman
Toxic Gumbo: Katrina and Environmental Justice

George Galloway
Et Tu, Greg Palast?

Patrick Cockburn
What Happened to Iraq's Missing $1 Billion?

M. Shahid Alam
Gen. Musharraf and Israel: Is Pakistan Selling Out?

Mike Whitney
The Gitmo Hunger Strikers

Winslow T. Wheeler
It's Not Rocket Science

Niranjan Ramakrishnan
Back to the Future: North Korea's Gambit

Paul Craig Roberts
Will Neocon Fanaticism Destroy America?

 

 

 

 

Subscribe Online

October 12, 2005

Endangering Public Safety

The Gitmo Tribunals

By BRIAN J. FOLEY

The prevailing belief that the procedures at Guantanamo Bay (GTMO) protect us because they make it easy to keep "enemy combatants" locked away is misguided. When legal process is not rigorous and convictions are easy to win, the danger is not only to the accused. Public safety is compromised: under the existing rules, cursory investigations are sufficient for convictions. This is far too likely to lead to false convictions that will lull us into the sense that we're reducing the threat of terrorism when we're not.

It's beyond argument that the rules the tribunals at GTMO use are weak and that, as an epistemological matter, we can't trust their determinations. The "Combatant Status Review Tribunals (CSRT)," which decide whether a prisoner is an "enemy combatant," use a low standard of proof -- a preponderance of the evidence, with a "rebuttable presumption" in favor of the government's evidence. The government can use notoriously unreliable evidence: hearsay, evidence coerced out of prisoners, and "classified" evidence kept secret from the prisoner. Access to lawyers is forbidden, and only one of the military "judges" is required to have a law degree.

The "military commissions" that President Bush announced two months after 9/11 to try enemy combatants suspected of particular crimes are equally unreliable. Although there is a presumption of innocence and the burden of proof is beyond a reasonable doubt and the prisoner can have a lawyer (with restrictions), only one of the "judges" has to be a lawyer, and convictions can be based on hearsay, coerced testimony, and secret evidence.

One purpose of having rigorous rules of evidence, high burdens of proof, and trained counsel to help an accused mount a defense is to improve public safety. Rigorous rules put the government to its proofs when it carries out its crime-fighting and national security duties. Rigorous rules protect us all by helping ensure that the government is truly ferreting out crime and not just putting on a show.

But when winning is easy, there's no incentive to conduct rigorous investigations. Why sift through evidence or pound the pavement to chase down leads, when it's so much easier to pound a prisoner instead? Why track down an important witness when you can just use what another prisoner says he heard that witness say, as hearsay?

Forcing the government to meet a high burden of proof with reliable evidence would promote vigorous anti-terrorism action. We would have to roll up our sleeves and thoroughly investigate suspects. We would have to work with foreign intelligence and police. We would have to hunt down and investigate suspects' family, friends and acquaintances, which could lead to extensive knowledge about terrorists and their shadowy networks.

The rules at GTMO let us shirk these duties.

Weak rules also make it hard to hold the government accountable. We can't measure our progress in this war, because, logically, we can't tell if the CSRT determinations of enemy combatant status are accurate. About 246 of the more than 751 prisoners have been released. How do we know ­ given that there was no requirement to investigate thoroughly ­ these men pose no danger? Dangerous prisoners may have been released as a reward for providing evidence (accurate or not) against other prisoners.

Take the example of Yasir Hamdi, a US-Saudi citizen jailed at GTMO who challenged his imprisonment all the way up to the US Supreme Court last year. After the Court held that Hamdi must be given legal process to challenge his imprisonment as an "enemy combatant," the government released him, deporting him to Saudi Arabia and forcing him to renounce his US citizenship. Did it turn out, after all, that he wasn't dangerous ­ a conclusion that contradicts every government pronouncement about him up to then? Did the government want to avoid the Court-ordered evidentiary hearing, which might have revealed that our politicians were lying about Hamdi's guilt? Or did the government release this man for some other reason, such as a backroom deal with the House of Saud?

For all we know, actual terrorists are delivering innocent people to US authorities and convincing them that these people are "enemy combatants." Under the existing GTMO rules, a real terrorist could easily provide enough information to make such a claim look plausible, if not dead-accurate. The evidence that would lead to a conviction could be kept secret from the suspect.

Some people believe that the processes at GTMO keep us safe because they seem to err on the side of caution, by "casting a wide net." Each radical Muslim swept off the international street is one less possible terrorist, right? Wrong. This "wide net" feeds the fires that motivate terrorism. A narrower, more accurate net would be less likely to feed these fires. For example, if my brother were a terrorist and was captured and convicted, I would mourn his fate, but I probably would not feel it was unjust. But if my brother were not a terrorist and the US captured him, subjected him to a sham trial and locked him away incommunicado at GTMO, and I knew that he was actually innocent, I might declare my own war against the US. The anger associated with rounding up the wrong people does not stop with their families. I recall how, when I was a teenager (prime terrorist recruiting age), Iranian militants stormed the US embassy in Teheran and took Americans hostage. I had no relatives among the hostages, but I wanted to invade Iran myself. I agreed with the widespread sentiment, "Bomb Iran."

"Wide nets" and easy convictions don't make us safer. They actually increase our risk. The CSRTs should require more rigorous process. The military commissions should use the Uniform Code of Military Justice (which applies to POWs). Better, we should try suspected terrorists in federal district courts, which provide more process.

There's no rule of law that requires the US to deny rights at GTMO: it is a policy decision. It was a bad decision. The loose procedures do not protect national security, but political interests and ambitions.

Such procedures are a feel-good measure that we can't afford.

BRIAN J. FOLEY is an assistant professor of law at Florida Coastal School of Law. Email him at brian_j_foley@yahoo.com

This essay originally ran in the Jurist.

 

 

















 


 

 

 











 

 

 

 

 

 

 

 

 

 

 






 

 

 

 



CLARIFICATION

ALEXANDER COCKBURN, JEFFREY ST CLAIR, BECKY GRANT AND THE INSTITUTE FOR THE ADVANCEMENT OF JOURNALISTIC CLARITY, COUNTERPUNCH

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

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

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

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

We are pleased to clarify the position.

August 17, 2005



 

 

 

 

 

 

 

 

 

 

 

 

 

 

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