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Today's
Stories
November 2,
2005
Cockburn /
St. Clair
Holy
Alito!: Not as Crazy as Scalia, But Just as Bad
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

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November 2, 2005
The
Denial of Basic Legal and Human Rights
Why Most Americans
Don't Care About Gitmo (and Why They Should)
By BRIAN J. FOLEY
For
almost four years, Americans collectively have ho-hummed news
about the prisoners caged at the US Naval Base at Guantanamo
Bay, Cuba (GTMO). Torture? Big deal. Hunger strike? What hunger
strike? -- most people don't even know about it. So it's no surprise
that Americans don't care that the tribunals that determine whether
the prisoners are "enemy combatants," and the tribunals
that will try some of them for particular crimes, all deny prisoners
the full set of procedural rights that US and international law
offer.
Americans' indifference comes
in large part because the arguments that denying process to "enemy
combatants" is bad policy and illegal have failed to appeal
to the public's self-interest.
For example, most of the policy
arguments against this lack of process have been the following:
(1) Giving process to these prisoners is just the right thing
to do morally. (2) Our failure to do so shows we're hypocritical.
US leaders have been extolling American democracy over other
forms of government because it purportedly preserves individual
rights and freedoms; the separate-and-unequal justice system
at GTMO undercuts such claims. (3) Our denying process to these
prisoners will cause other countries to deny process to our soldiers
if they are captured. (4) We should accord process because one
of us might be jailed by mistake, and we would like fair process
to protect us.
These arguments are all valid.
However, the problem is that they are either sentimental or unrealistic--and
most Americans sense that. Americans like thinking they're the
world's nicest, most democratic people, but they'll abandon that
warm and fuzzy feeling if being nice and democratic will increase
their risk of being blown up by terrorists. Americans don't
worry about being hypocrites, because "everything changed"
after 9/11; we're fighting a "different kind of war,"
and history will judge us as prudent, they believe. Most Americans
know that our soldiers probably won't be captured: enemies are
barely able to kill our troops, much less capture them. And as
we saw with Jessica Lynch, we can just go rescue them anyway.
Moreover, what country would dare mistreat US troops and incur
our (perhaps nuclear-tipped) wrath? As for the classic argument
that we need rigorous legal process in case we're arrested by
mistake, well, most Americans know that it's highly unlikely
they themselves will ever be caged at GTMO: most Americans aren't
radical Muslims.
The legal arguments against
GTMO (that the US is violating US and/or international law) haven't
interested the public, either. The arguments are too technical,
and the number and length of court opinions, of differing opinions
by judges, and the number of scholarly articles and op eds on
this issue let Americans think the arguments on both sides are
plausible. There has been no sweeping, landmark Supreme Court
decision thoroughly vindicating one side or the other. Instead,
courts are considering whether the US can, legally, deny a certain
level of process in general; whether specific processes are permissible;
and which procedural safeguards, if any, are required. Every
lower court ruling will be appealed to the Supreme Court, and
the meaning of the Supreme Court's decisions will be debated
in subsequent cases. Settling this area of law will take years.
Ultimately, it's not clear to most Americans that the US isn't
following the law at GTMO. Indeed, if torture seems justifiable,
then denying various courtroom procedures can seem justifiable,
too.
The argument that the US should
"follow the law" (and set an example for the rest of
the world) is sentimental, too. Our leaders can act with impunity.
No one can stop the US from doing whatever it wants to do, and
why lead by example when we can force other countries to do what
we want them to do?
GTMO appears to reflect what
most Americans want: to be safe from terrorism. Most Americans
believe that the lax rules for GTMO tribunals are necessary to
convict terrorists. If we used our regular court system, the
terrorists would not be convicted, because the evidence we have
against them doesn't meet the necessary high standards. If a
terrorist walks free, he's a ticking time bomb.
The survival instinct trumps
sentimentality.
But the belief that lax court
rules can protect the public from terrorism is wrong. The most
powerful argument for giving prisoners at GTMO more legal process
is that the weak rules there now can't protect us from terrorism.
Weak standards cannot help us determine, reliably, if the people
we've locked up or released are the right people, because the
rules rely on notoriously unreliable forms of evidence: hearsay,
coerced confessions, and evidence kept secret from the accused.
Garbage in, garbage out.
Also, the lax rules give no
incentive to the FBI, CIA, military, and police to conduct serious
investigations. Why bother, when they can "win" a
case at the tribunal by pounding a "confession" out
of a prisoner? In this way, we'll fail to develop the anti-terrorism
investigative abilities we need to thwart terrorism. As time
goes by, we'll become weaker rather than stronger; like unused
muscles, our skills will atrophy. In a few years, we might lack
any meaningful anti-terror investigative abilities at all. We
might merely have goon squads who beat "confessions"
out of people.
We can reverse this slide by
requiring that terrorists be tried under rigorous rules of evidence
and criminal procedures. That would cause our police and intelligence
officials to work harder to investigate, to get solid evidence.
Much would be learned about terrorists and their networks. We
could also be more confident that the people released were not
dangerous. (I discuss these benefits of rigorous process in
a previous commentary.)
GTMO is a public safety issue.
It's time for Congress to act. We should try the GTMO prisoners
under the Uniform Code of Military Justice, which applies to
POWs. Better, we should try the prisoners in our federal courts,
where there is more process--and thus a better chance for accuracy
in convictions.
When Americans understand that
using stronger rules at GTMO is not about being good world citizens
or being nice to prisoners, but about giving ourselves
the strongest anti-terrorism tactic we can--vigorous, hard-nosed
police and intelligence work--they will see the folly of maintaining
our separate-and-unequal justice system. Strong procedural rules
at GTMO will require our government to work for us, and
the increased transparency will make our government accountable
to us.
GTMO is about our own survival--something
Americans of all political stripes can agree on.
BRIAN J. FOLEY is an assistant professor at Florida
Coastal School of Law. Email him at brian_j_foley@yahoo.com
or visit his website: www.brianjfoley.com
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."
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The Case
Against Israel
By Michael Neumann
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WHAT'S
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Grand
Theft Pentagon:
Tales of Greed and Profiteering in the War on Terror
by Jeffrey St. Clair
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