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What You're Missing in our subscriber-only CounterPunch newsletter SHOULD SCOOTER LIBBY'S LAWYER BE DISBARRED? Law school dean Lawrence Velvel says, Maybe he should, if he sat idly by while client Libby spouted lies. What lies at the core of Zionism? Michael Neumann tortures Alan Dershowitz, without a warrant! "Sex-mad adulterer from British aristocracy claims to have 'revolutionized' philosophy." Yes, Bertrand Russell, they mean you! Alexander Cockburn on Smearing 101 in the British press. 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! Get CounterPunch's Print Edition By Email! Call Toll Free 1-800-840-3683 or write CounterPunch, PO BOX 228, Petrolia, CA 95558 Alexander Cockburn Live in Portland, Oregon, Saturday November 19

Today's Stories November 17, 2005 CounterPunch News Service Guardian Apologizes to Chomsky; Publishes Total Retraction of Brockes' Slurs Cockburn / St. Clair From Reporter to Courtier: the Decline of Bob Woodward   November 16, 2005 John F. Sugg Al-Arian Speaks: In His First Interview Since the Trial Began, Al-Arian Talks About What the Jury Didn't Hear Noam Chomsky Putting Out the Englightenment Dave Lindorff Shake and Bake: Pentagon Admits Using Phosphorous Bombs on Fallujah Evelyn Pringle Laurie Mylroie's War Sam Husseini Trying to Look a Female Suicide Bomber in the Eye Pierre Tristam Toturers' Theater Greg Bates Waffling Alito Charms DiFi Farrah Hassen Moustapha AkkadDavid Lean of the Middle East Killed in Amman Blast Bill Christison Evidence Mounts That Bush Wants New Wars Website of the Day Violent Oscillations   November 15, 2005 Todd Chretien My Evening in the No Spin Zone; Or Why Bill O'Reilly Hates San Francisco Leah Caldwell Death of the Jailhouse Press Frederick Hudson Rosa's Wreath: Miss Parks and Robert Williams Harry Browne Bush-Linked Judge Bows Out: Another Mistrial in Irish Ploughshares Case Jason Leopold Secret CIA Testimony: Iraq Posed No Threat Ingmar Lee Logging Lackies vs. Canada's Most Endangered Species Diana Barahona Showdown on the Silver Coast Tom Andre New Orleans, Two Months Later Website of the Weekend Ernest Crichlow: 1914-2005   November 14, 2005 Diana Johnstone The Origins of the Guardian's Attack on Chomsky Paul Craig Roberts Power Over All: Unlimited Detentions and the End of Habeas Corpus Conn Hallinan Provoking Syria: Cambodia All Over Again? Joshua Frank Off She Goes: Hillary in Israel Christopher Reed The Persistence of Racism in Koizumi's Japan   November 11 / 13, 2005 Alexander Cockburn First the Lying, Then the Pardons Gwyneth Leech Cross Connections: a Painter Reimagines the Passion of Christ in the Wake of Abu Ghraib Elmas Mallo Chillin' in the Blazin' Texas Sun: Inside the Texas Prison System Michael Neumann The Rebel King of Bluegrass: Jimmy Martin, an Appreciation Saul Landau Leakgate: the Screenplay Sam Husseini Bush and Zarqawi Bomb Because We Let Them Brian Cloughley Sleaze, Deceit and Torture Ron Jacobs Rep. McGovern's Withdrawal Resolution: a Step in the Right Direction? Lila Rajiva Dover Bitch: the Curses of Pat Robertson Michael Donnelly Hypocrisy Watch Joe Allen Murder in El Salvador: Who Killed Gilberto Soto? Roland Sheppard Lessons from the Montgomery Bus Boycott Justin E.H. Smith Another Monkey Trial? Ben Tripp The Cost of War St. Clair / Vest Playlists: What We're Listening to This Week Poets' Basement Jones, Louise, Ford, Smith, Albert and Engel Website of the Weekend Iraq Vets and Against the War Need Your Help!     November 10, 2005 Peterside, Ogon, Watts and Zalik Delta Blues Again: Ken Saro-Wiwa, 10 Years Gone Pat Williams Will Alito Cost the Republicans the Senate? Steve Higgs Bush Crony Targets Indiana's Forests: 400% Hike in Logging Jimmy Massey Is Ron Harris Telling the Truth? Lucson Pierre-Charles Haiti: Insanity Takes Over Anthony Newkirk Syria in the Crosshairs Lawrence R. Velvel Why Did Libby Lie? Website of the Day Imperial Margarine November 9, 2005 Gary Leupp The Niger Deception / Plame Affair: an Incomplete Chronology Tariq Ali Blair Defeated on Terror Laws Chris Floyd The Philosopher's Stone Elaine Cassel The Shocking Trial of an American Citizen: the Case of Ahmed Abu Ali Joshua Frank Sen. Max Baucus's NASCAR Pay Day Alison Weir Memo to Jon Stewart: Glad You're Against Torture, So Why'd You Give Israel a Pass? 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     Subscribe Online

November 17, 2005 Senate Bill Threatens Civil Rights for All We Are All in GITMO Now By BRIAN J. FOLEY After four years of silence, the Senate on Tuesday voted 84-14 to limit federal court jurisdiction over cases filed by prisoners at Guantanamo Bay (GTMO). We still have time, however, to try to steer Congress toward the smarter option, which is to increase federal courts' ability to review these cases, and to strengthen the legal process used at GTMO tribunals. The proposal results from a compromise over a defense bill amendment that Senator Lindsey Graham (R-S.C.) proposed last week, and which the Senate approved Monday. That amendment would have nullified the US Supreme Court's decision in Rasul v. Bush, 542 U.S. 466 (2004), which held that non-US citizen prisoners at GTMO may file habeas corpus petitions challenging their imprisonment as well as claims under federal law concerning the conditions of their confinement; Graham's amendment would have stripped foreign "enemy combatants" of any right to federal court review of their convictions by military commissions, and would have allowed only limited federal appellate review of GTMO tribunal determinations that prisoners are "enemy combatants" who may be imprisoned indefinitely. The compromise amendment passed Tuesday, brokered Monday night by Senator Carl Levin (D-Mich.) and backed by Graham, permits some, albeit limited, federal appellate review over GTMO tribunals and military commissions. (There is no mention of prisoners held at CIA secret prisons in former Iron Curtain countries.) But the court review is too limited to provide any real benefits. What 84 Senators apparently don't understand is that using rigorous legal process at GTMO to determine whether a prisoner is an "enemy combatant," or whether he is guilty of particular crimes, is an important weapon in the "war on terror." When our military and intelligence know that only solid evidence -- instead of hearsay, coerced confessions, and evidence kept secret from the accused -- can be used to support detentions, and that a federal judge will review the proceedings, they will investigate more thoroughly. We will be far more certain that we're holding the right people, instead of, for example, mere dupes that the real terrorists have handed over, or innocent people captured by mistake. Imprisoning innocent people can spur others to violence against us. Shoddy investigations and kangaroo courts merely endanger the public. On the other hand, requiring our officials to roll up their sleeves and ferret out reliable evidence would protect the public, by sharpening our investigators' skills and building knowledge about terrorists and their networks. In the long run, such seasoned and nuanced intelligence will protect us far more than convictions based on beatings and hearsay. Rigorous process also provides a check on Executive power. Without it, we can't know if our leaders are telling us the truth when they say they're making progress and capturing dangerous terrorists ­ our leaders can't even be certain themselves. So the Senate made a grave mistake Tuesday. It did not strengthen GTMO procedures. It voted to limit the availability of court review of detentions that could have developed under Rasul v. Bush. The proposal limits court review to the D.C. Circuit (which limits fact-finding). All that can be appealed as of right is the Combatant Status Review Tribunal's rulings on whether a prisoner is an "enemy combatant," and a military commission's conviction of an enemy combatant for particular crime where the accused was sentenced to death, or for more than 10 years. Constitutional challenges to the processes are also permitted, but how sweeping they may be is unclear. Five major problems are apparent. First, the limited judicial review won't prevent the government from holding prisoners indefinitely; if "enemy combatant" status determinations for new prisoners are delayed indefinitely, there is nothing to review. There is no right to a speedy trial at GTMO; even if there were, the Senate's proposal would not let a prisoner, languishing in his cage, pursue that right. Second, there is no right to review of military commission sentences that are less than 10 years; any review of these cases is at the D.C. Circuit's discretion. Military commissions might regularly mete out sentences of just under ten years, to avoid review. In this way the Administration could protect convictions based on weak or unreliable evidence, or fraught with procedural error. The more the Administration can stack the D.C. Circuit with "Executive-friendly" judges, the less likely there will be any discretionary reviews. Third, the Senate proposal won't fix the problems of capturing and holding the wrong people (increasing the risk that real terrorists will slip away, and that the injustice will increase their ranks). A review limited to "Constitutional" problems will not reach evidentiary and procedural flaws that do not rise to that level but nonetheless cast doubt on the accuracy of a tribunal's verdict. Fourth, the Senate's proposal will not fix the problem that, when convictions are easy, our investigators can shirk their duty to develop and sharpen their investigative skills. The proposal, in fact, exacerbates this problem. Fifth, the proposal is also misguided in its effort to promote "GTMO tort reform": it bars prisoners' claims addressing their living conditions or treatment. (One Senator called such cases "lawsuit abuse.") The result? There will be no real deterrence against torture and other mistreatment. The roundly applauded and overwhelmingly approved proposal by Senator John McCain (R-Ariz.) to prohibit inhumane treatment of any person detained by the US will be reduced to an empty, feel-good gesture. It can't be enforced outside the courts. Limiting such "lawsuit abuse" might make Senators feel good, but it endangers the public. Information ­ including baseless allegations ­ of torture and cruelty will slip through the bars of the GTMO cages, and travel to distant lands. Lacking a court as a forum, there will be no way for US officials to show that they aren't torturing captives. Our leaders' objections, promises and assurances to the world will fall flat. Resentment and anger against our country will rise. Perhaps most of all, the Senate's (and, for that matter, the Supreme Court's) distinction between US citizens and non-US citizens in the "war on terror" will ultimately collapse -- to the detriment of US citizens. Why? Because it's an irrational distinction, based on the mere sentimentality of nationalism. At some point, our leaders might decide that, if it's "necessary" in this "war" to deny the right to full judicial process and review for non-US citizens, it will be doubly necessary to deny these rights to US citizens suspected of terrorism. That's because American "enemy combatants" are much more dangerous than non-US citizens. Holding US passports, they can enter our country freely. They can blend in better than foreigners, and plot and plan undetected. If there is, as 84 Senators seem to believe, a relationship between the level of danger a person poses and the amount of judicial process we should give him, then common sense says that US citizens who are "enemy combatants" should get the least process of all. That's where the Senate's (and the Administration's) illogic is leading us, and it won't make us any safer. We must recognize that using weak process, and preventing full and impartial review of GTMO tribunal decisions, is a wrongheaded plan that benefits no one but the politicians who are (all of a sudden) pushing it on us. Vigorous process is a powerful weapon for fighting elusive terrorists and their shadowy networks. When it comes to protecting the public against terrorism, the Executive should not be left to its own flawed and dangerous devices. One of the most important pieces of legislation concerning our national security is now on its way to the House of Representatives. Its members must step up and correct the Senate's mistake. Brian J. Foley is a professo at Florida Coastal School of Law. Email him at brian_j_foley@yahoo.com. Visit his website at www.brianjfoley.com.

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 CounterPunch Speakers Bureau Sick of sit-on-the-Fence speakers, tongue-tied and timid? CounterPunch Editors Alexander Cockburn and Jeffrey St Clair are available to speak forcefully on ALL the burning issues, as are other CounterPunchers seasoned in stump oratory. Call CounterPunch Speakers Bureau, 1-800-840-3683. Or email beckyg@counterpunch.org.