Wars
of the Laptop Bombers
Today's
Stories
February 12
/ 13, 2005
John Feffer
Bush
v. N. Korea: Round Two
February 11,
20055
Manuel Garcia,
Jr
The
Eight Percent War
Kurt Nimmo
Ann
Coulter's Racism: Where's Geronimo When You Really Need
Him?
Dave Lindorff
Guckert
or Gannon? The Perfect Plant; He Fit Right In
Larry Birns
War is Peace; Slavery is Freedom: Democracy According to Elliott
Abrams
Bill Quigley
Twenty Questions: a Social Justice Quiz
Tom Barry
Bush's State of Delusion
Jennifer Van
Bergen
Lynne
Stewart's Conviction Hurts Us All
February 10,
2005
Dave Lindorff
What
Academic Freedom?
Christopher Brauchli
The Love of Slaughter: From Rwanda to Iraq
Patrick Cockburn
In Baghdad, It's Easy to Get Killed
Nicole Colson
Have the Democrats Surrendered on Abortion Rights?
Suzan Mazur
More
on the Assassination of Lumumba from Mr. Garsin of Kinshasha
Michael Donnelly
Salvaging an Opposition
Mike Stark
Driving Ossie Davis: "Give Them a Little Truth, a Little
Hope"
Greg Moses
Taking
Jesus Back from the Hijackers
Website of
the Day
The Missionary Positions

February 9,
2005
Jeffrey St.
Clair
Duck
and Cover Redux: Bunker Busters and City Levellers
Mickey Z.
What Ward Churchill Didn't Say
John Ross
Hecho
en Mexico: the Iraqi Election
Tom Barry
Ambassador of Lies: Elliott Abrams, the Neocon's Neocon
Conn Hallinan
The
Coup in Nepal: Nursing the Pinion
Patrick Cockburn
Sistani's Vision for Iraq: Cricket is Fine, But Chess is "Absolutely
Forbidden"
Steen Sohn
Danish PM Says It's OK for Israel to Violate UN Resolutions
Tim Wise
Reflections on Empire and Uppity Indians
Website of
the Day
Support Antiwar.com

February 8,
2005
Patrick Cockburn
Shia/Kurd
Coalition to Dominate New Iraqi Govt.: "It's an Electoral
Pact, Not a Party"
Brian Cloughley
Out
of the Mouths of Generals: "It's Fun to Shoot Some People"
Steve Breyman
Against the Selfishness of the "Ownership Society"
Harry Browne
"Don't
Get on that Plane!": Soldiers Seek Asylum in Ireland
Doug Giebel
"We Love Free Speech in America": the People, the President
and Ward Churchill
Nate Collins
The Censorship of Ward Churchill and Dancehall Reggae: It's the
Same Beast
Dave Lindorff
It's Time for a Labor-Oriented Newspaper
David Smith-Ferri
Sanctions and the Health Crisis in Iraq
February 7,
2005
Paul Craig
Roberts
Bush's
War on Jobs
Carolyn Baker
The New McCarthyism on Campus: Churchill and the Attack on Higher
Ed
Joshua Frank
Marc Cooper's Hit List: First Mumia; Now Ward Churchill
Mickey Z.
Warning: More Hate Speech from W. Churchill
Patrick Cockburn
The
Kidnapping Gangs of Iraq
Mike Whitney
Tom Friedman: Scribe for New Age Imperialism
Stacie Jonas
Pinochet: Fit to be Tried
Dave Zirin
A Miserable Super Sunday: Clinton, Bush and the FBI
Tariq Ali
Imperial
Delusions
February 5
/ 6, 2005
Alexander Cockburn
Ward
Churchill and the Mad Dogs
Kurt Nimmo
A Ward Churchill Kind of Day
Joshua Frank
Liberals Trash Ward Churchill
P. Sainath
Mumbai's Man-Made Tsunami
Patrick Cockburn
Sistani's Triumph; Allawi's Bust
Laura Carlsen
Bush, Rice and Latin America
Dave Lindorff
How the NYT Killed the Bush Bulge Story
Pamela Olson
West Bank Story
Behzad Yaghmaian
The Future of Sudanese Refugees in the West
Saul Landau / Farrah Hassen
A Threatened UN in King George's Court
Roger Burbach
World Social Forum: a Tale of Two Presidents
Robert Fisk
History by Laptop
David Swanson
James Forman and the Liberal-Labor Syndrome
Justin E.H. Smith
Gay Marriage: a Report from Canada
Cacie Hart
The "State" of the Union: More War and a Ban on Love
Ron Jacobs
Chairman Bob Avakian: a Revolutionary Life
Mickey Z.
Viewing America from the Outside
Ben Tripp
Republican Heroes: a New Breed of Good Guy
Ben Sonnenberg
France at the End of the Devil's Decade: Renoir's Rules of the
Game
Poets' Basement
Smith-Ferri, Davies, Collins, & Albert
Website of
the Weekend
John Trudell: How to Earn a 17,000 Page FBI File

February 4,
2005
Brian Cloughley
The
Army Symphonist: "Sometimes the Only Way to Change the Behavior
of Someone Like That is to Kill Them"
Bill Christison
Election
Parallels: Vietnam, 1967; Iraq, 2005
Elaine Cassel
Did Zoloft Make Him Do It?
Jacob Levich
Chomsky and the Draft
Kanak Mani Dixit
Return of the Royalists in Nepal
Ron Jacobs
The
Downward Spiral in Iraq
February 3,
2005
Ward Churchill
On
the Injustice of Getting Smeared: a Campaign of Fabrications
and Gross Distortions
Sharon Smith
Resisting
Soldiers Need Our Support
Mickey Z.
Leslie
Gelb Asks Iraq: Who's Your Daddy?
Mike Whitney
President of Alienation: a Desperate State of the Union
Jenna Orkin
9/11 the Sequel: the Toxic State of Lower Manhattan
Saul Landau
Elections Won't Prevent Civil War in Iraq
Yitzhak Laor
Strange is the Silence
Dave Lindorff
The
Assault on Social Security: a New Campaign of Lies
February 2,
2005
David Domke
/ Kevin Coe
Bush's
Brand of Christianity
Noam Chomsky
Iraq
After the Elections
M. Shahid Alam
O'Reilly's
Fatwah on "Un-American" Professors: FoxNews Puts Me
in Its Crosshairs
Richard Oxman
Ringing in 1984 with Ward Churchill and Derrick Jensen
Joshua Frank
The Suckering of Howard Dean
Dave Lindorff
A History Lesson from the NYT
Nina Hartley
Feminists for Porn
Website of the Day
War is a Racket
February 1,
2005
Joshua L. Dratel
The
Torture Memos
Patrick Cockburn
New Doubts About Allawi
Robert Fisk
"The Only Decent Food We Get is at Funerals"
Uri Avnery
The Stalemate
Col. Dan Smith
"W" Stands for Withdrawal
Alison Weir
Making America as "Secure" as Israel
Alan Farago
Heaven and Hell in the Everglades
Ray Hanania
Low Voter Turnout of Iraqi Expatriates: Less Than 10% of Qualified
Voters
Paul Craig
Roberts
American
Police State
Website of the Day
Statisticians Refute Official Rationale for Exit Poll Errors
January 31,
2005
Dave Zirin
Mr.
Frank's Fatwah: New Republic Writer Calls for Death & Torture
of Arundhati Roy and Stan Goff
Robert Fisk
Amid
Tragedy, Defiance
Chyng Sun
Gonzales: Chief Prosecutor of Porn?
Greg Moses
The Real Scandals of the Texas Election
Mike Whitney
Cheney at Auschwitz
Ali Tonak
Turkey and the EU: Fantasies and Ultimatums
Patrick Cockburn
A
Victory for the Shia
Website of
the Day
Voting by the Script: Where Did the 8 Million Voter Turnout Figure
Come From?
January 29
/ 30, 2005
Manuel Yang
/ Peter Linebaugh
A
Dialogue About Murder in Toledo
Gabriel Kolko
Wilsonian
and Neoconservative Myths
Patrick Cockburn
Baghdad: City of Empty Streets
Robert Fisk
This Election Will Change the World, But Not as the US Wanted
Linn Washington,
Jr.
Con Job: Bush Pledges on Racism Lack Realism
Bernard Chazelle
Why the Children of Iraq Make No Sound When They Fall
Gary Leupp
"This Kind of Subject Matter": Bush's New Ed Secretary
vs. Vermont's Lesbians
JoAnn Wypijewski
The Passion of Paul Shanley
Alexander Cockburn
The Case of Father Jerry
Ron Jacobs
Ballot of the Puppets in Iraq
Brian Cloughley
Smart Bombs; Wrong House: Iraq's Civilian Dead
Fred Gardner
Peron May Split
Sister Dianna
Ortiz
Memo to Bush from a Survivor of the Guatemalan Torturers: Stop
the Torture!
Tom Reeves
How Bush Brings Freedom to the World: the Case of Haiti
Fran Quigley
Report: Haiti Now "More Violent and More Inhuman"
Suzan Mazur
"Mr. Garsin from Kinshasa": an Old Hand Weighs In on
the Murder of Lumumba
Kurt Nimmo
Condi Rice and the Neocon Plan for the Palestinians
Lenni Brenner
Holocaust History: Beyond the UN's Rhetoric
Gilad Atzmon
The
Politics of Auschwitz
Luis Gomez
Power and Autonomy in Bolivia
Mark Gaffney
NASA Searches for a Snowball in Hell: Why Velikovsky Matters
Ben Tripp
Lament of the Mnemonopath
Richard Oxman
Meet the Fuqers
Poets' Basement
Louise, Collins, Shanahan and Albert
Website of
the Weekend
Chemical Industry: Deceit and Denial
January 28,
2005
Rachard Itani
Tsunami
Aid By the Numbers: the US Really is a Miser
Jensen / Youngblood
Iraq's
Non-Election
Patrick Cockburn / Elizabeth
Davies
Attacks on Polling Places Leave 13 Dead
Dave Zirin
The Great Donovan McNabb: Proud "Black Quarterback"
Dave Lindorff
Suicide by State Execution?
Karyn Strickler
A Corporate Death Penalty Act?
Jorge Mariscal
Fighting
the Poverty Draft
January 27,
2005
Seymour Hersh
We've
Been Taken Over By a Cult
Cockburn /
Sengupta
The
US's Bloodiest Day in Iraq
Dave Lindorff
Juke Box Journalism: Shilling for Bush
Ignacio Chapela
/ John F. García
The Laws of Nature
Mike Whitney
The Widening Chasm Among Conservatives
Dr. Teresa
Whitehurst
Those Liberal Southern Baptists!
Ray McGovern
Reining In Cheney
Russ Wellen
Marginalizing Bin Laden
Christopher
Brauchli
The
FBI's Carnival of Errors
Website of
the Day
Informed Eating
January 26,
2005
Saree Makdisi
An
Iron Wall of Colonization: Fantasies and Realities About the
Prospects for Middle East Peace
Scott Fleming
In Good Conscience: an Interview with Concientious Objector Aidan
Delgado
Dave Lindorff
Filling Saddam's Shoes: the Puppet Regime Return's to Torture
Niranjan Ramakrishnan
Salazar and Obama: Two Dismal Debuts
Toni Solo
The
US and Latin America: a Not-So-Magical Reality
William James Martin
Condoleezza Rice: Confused About the Middle East
William A.
Cook
Bush's Second Inaugural Address: the Lost Ur-Version
Eric Hobsbawm
Delusions
About Democracy
Alexander Cockburn
The CIA's New Campus Spies
January 25,
2005
Brian Cloughley
Iraq
as Disneyland
Mike Roselle
Satan is My Co-Pilot
Josh Frank
/ Merlin Chowkwanyun
The War on Civil Liberties
John Chuckman
Freedom on Steroids
Paul Craig
Roberts
A
Party Without Virtue
Dr. Teresa
Whitehurst
The
Intolerance of Christian Conservatives
James Petras
The
US / Colombia Plot Against Venezuela
Website of the Day
Lowbaggers for the Environment
January 24,
2005
Fred Gardner
Last
Monologue in Burbank
Lori Berenson
On the Politicization of My Case
Uri Avnery
King
George
January 22
/ 23, 2005
Jennifer Van
Bergen / Ray Del Papa
Nuclear
Incident in Montana
Alexander Cockburn
Prince
Harry's Travails
Jeffrey St. Clair
The Company That Runs the Empire: Lockheed and Loaded
Stan Goff
The Spectacle
Saul Landau
Nothing Succeeds Like Failure
Gary Leupp
Official Madness and the Coming War on Iran
Fred Gardner
Is GW Getting the Runaround?
Phil Gasper
Clemency Denied: the Politics of Death in California
Stanley Heller
A Kill-Happy Government: Connecticut Chooses Death
Greg Moses
The Heart of Texas: an Inauguration Day Betrayal on Civil Rights
Justin Taylor
The Folk-Histories of John Ross
Daniel Burton-Rose
One China; Many Problems
Elaine Cassel
Try a Little Tyranny: Questions While Watching the Inaugural
Mike Whitney
Failing Upwards: the Rise of Michael Chertoff
Mark L. Berenson
My Daughter Has Been Wrongly Imprisoned
Christopher
Brauchli
It Doesn't Compute: a $170 Million Mistake
Gilad Atzmon
Zionism and Other Marginal Thoughts
Niranjan Ramakrishnan
Day of the Rats
Mark Donham
The Secret Messages of Rahm Emmanuel
Ben Tripp
Adventures in Online Dating
Walter Brasch
Hollywood's Patriots: Soulless Kooks, Mr. Bush?
Poets' Basement
Wuest, Landau, Ford, Albert & Drum
January 21,
2005
Dave Lindorff
A
Great American Journalist:
John L. Hess (1917-2005)
Sharon Smith
The
Anti-War Movement and the Iraqi Resistance
Don Santina
Baseball, Racism and Steroid Hysteria
Ron Jacobs
Locked Out and Pissed Off: Protesting the Bush Inauguration
Kurt Nimmo
The Problem with Mike Ruppert
Don Monkerud
Once They Were Cults: Bush's Faith-Based Social Services
Alan Farago
Swimming Home from the Galapagos
Derek Seidman
An
Interview with Army Medic and Anti-War Activist Patrick Resta
January 20,
2005
Paul Craig
Roberts
Dying
for Sycophants
William Cook
The
Bush Inauguration: A Mock Epic Fertility Rite
Joshua Frank
The Democrats and Iran: Look Who's Backing Bush's Next
Eric Ruder
Why Andres Raya Snapped: Another Casualty of Bush's War
Mike Whitney
Coronation in a Garrison State
Robert Jensen
A Citizens Oath of Office
Peter Rost
Bush Report on Drug Imports: Good Data, Bad Conclusions
David Underhill
Is It Torture Yet?: the Eclectic Fool Aid Torture Test
James Reiss
Adieu, Colin Powell: Pea Soup in Foggy Bottom
CounterPunch
Staff
Voices
from Abu Ghraib: the Injured Party
January 19,
2005
Marta Russell
Social
Security Privatization & Disability: 8 Million at Risk
Mike Ferner
Marines
Stretching Movement: Protesting Urban Warfare in Toledo
Nancy Oden
The
Nuremberg Principles, Iraq and Torture
Tony Paterson
A Catalogue of British Abuses in Iraq
Dave Lindorff
Bush's Divide-and-Conquer Plan to Destroy Social Security
Doug Giebel
BS and CBS: When 60 Minutes Helped Promote WMD Fantasies
Alexander Cockburn
Will
Bush Quit Iraq?
January 18,
2005
Paul Craig
Roberts
How
Americans Were Seduced by War: Empire and Militant Christianity
Jennifer Van
Bergen
Federal
Judge: Abu Ghraib Abuses Result of Decision to Ignore Geneva
Conventions
Douglas Lummis
It's a No Brainer; Send Graner: a Rap for Our Time
Ron Jacobs
Syria Back in the Crosshairs?
Seth DeLong
Enter the Dragon: Will Washington Tolerate a Venezuelan-Chinese
Oil Pact?
Lance Selfa
Stolen Election?: Most Democrats Didn't Even Bother to Inquire
Paul D. Johnson
Mystery Meat: a Right-to-Know About Food Origins
Elisa Salasin
An Open Letter to Jenna Bush, Future Teacher
January 17,
2005
Heather Gray
Misconceptions
About King's Methods for Social Change
Robert Fisk
Hotel Room Journalism: the US Press in Iraq
Dave Lindorff
What the NYT Death Chart Omitted: Civilians Slaughtered by US
Military
Jason Leopold
Sam Bodman's Smokestacks: Bush's Choice for Energy Czar is One
of Texas's Worst Polluters
Gary Leupp
A Message from the Iraqi Resistance
Douglas Valentine
An Act of State? the Execution of Martin Luther King
Harvey Arden
Welcome to Leavenworth: My First Encounter with Leonard Peltier
Greg Moses
King
and the Christian Left: Where Lip Service is Not an Option
January 15
/ 16, 2005
James Petras
The
Kidnapping of a Revolutionary
Robert Fisk
Flying Carpet Airlines: My Return to Baghdad
Ron Jacobs
Unfit for Military Service
Brian Cloughley
Smack Daddies of the Hindu Kush: Afghanistan's Drug Bonanza
Fred Gardner
The Allowable-Quantity Expert
Dr. Susan Block
The Counter-Inaugural Ball: Eros Day, 2005
John Ross
Zapatista Literary Llife
Suzan Mazur
Unspooking Frank Carlucci
M. Shahid Alam
America's New Civilizing Mission
Frederick B. Hudson
Jack Johnson's Real Opponent: "That I Was a Man"
Mike Whitney
Bush's Grand Plan: Incite Civil War in Iraq
Tom Crumpacker
A Constitutional Right to Travel to Cuba
Bob Burton
The Other Armstrong Williams Scandal
John Callender
La Conchita and the Indomitable 82-Year Old
Lila Rajiva
Christian Zionism
Saul Landau
An Imperial Portrait: a Visit to Hearst's Castle
Doug Soderstrom
A Touch of Evil: the Morality of Neoconservatism
Poets' Basement
Davies, Louise, Landau, Albert, Collins and Laymon
January 14,
2005
Robert Fisk
"The
Tent of Occupation"
Lee Sustar
Bush's Social Security Con Job
José
M. Tirado
The Christians I Know
Dave Zirin
The Legacy of Jack Johnson
Sheldon Rampton
Calling John Rendon: a True Tale of "Military Intelligence"
Tracy McLellan
Under the Influence
Yves Engler
The Dictatorship of Debt: the World Bank and Haiti
Tom Barry
Robert
Zoellick: a Bush Family Man
Website of
the Day
Ryan for the Nobel Prize?
January 13,
2005
Mark Chmiel
/ Andrew Wimmer
Hearts
and Minds, Revisited
Joe DeRaymond
The Salvador Option: Terror,
Elections and Democracy
Greg Moses
Every Hero a Killer?...Not
Dave Lindorff
The Great WMD Fraud: Time for an Accounting
Jorge Mariscal
Dr. Galarza v. Alberto Gonzales: Which Way for Latinos?
Christopher Brauchli
Gonzales and the Death Penalty: the Executioner Never Sleeps
Gary Leupp
"Fighting
for the Work of the Lord": Christian Fascism in America
January 12,
2005
Robert Fisk
Fear
Stalks Baghdad
Josh Frank
The
Farce of the DNC Contest
Jack Random
Casualties
of War: the Untold Stories
John Roosa
Aceh's Dual Disasters: the Tsunami and Military Rule
Carol Norris
In the Wake of the Tsunami
Mike Whitney
Pink Slips at CBS
Alan Farago
Can
the Everglades be Saved?
Paul Craig
Roberts
What's
Our Biggest Problem in Iraq...the Insurgency or Bush?
January 11,
2005
Tom Barry
The
US isn't "Stingy"; It's Strategic: Aid as a Weapon
of Foreign Policy
James Hodge
and Linda Cooper
Voice
of the Voiceless: Father Roy Bourgeois and the School of the
the Americas
Linda S. Heard
Farah Radio Break Down: Joseph Farah's Messages of Hate and Homophobia
Derrick O'Keefe
Electoral Gigolo?: Richard Gere and the Occupied Vote
Gila Svirsky
A Tale of Two Elections
Harry Browne
Irish
"Peace Process", RIP
January 10,
2005
Ramzy Baroud
Faith-Based
Disasters: Tsunami Aid and War Costs
Talli Nauman
Killing
Journalists: Mexico's War on a Free Press
Uri Avnery
Sharon's Monologue
Dave Lindorff
Tucker
Carlson's Idiot Wind
Dave Zirin
Randy
Moss's Moondance
Dave Silver
Left Illusions About the Democratic Party
Charles Demers
Plan Salvador for Iraq: Death Squads Come in Waves
William A.
Cook
Causes
and Consequences: Bush, Osama and Israel
January 8 /
9, 2005
Alexander Cockburn
Say,
Waiter, Where's the Blood in My Margarita Glass?
John H. Summers
Chomsky
and Academic History
Greg Moses
Getting Real About the Draft
Walter A. Davis
Bible Says: the Psychology of Christian Fundamentalism
Victor Kattan
The EU and Middle East Peace
John Bolender
The Plight of Iraq's Mandeans
Robert Fisk
The Politics of Lebanon
Fred Gardner
Situation NORML
Joe Bageant
The Politics of the Comfort Zone
Mickey Z.
I Want My DDT: Little Nicky Kristof Bugs Out
Ben Tripp
CounterClockwise Evolution
Ron Jacobs
Elvis and His Truck: Out on Highway 61
Saul Landau
Sex
and the Country
Rep. Cynthia McKinney
Time to End the Blackout
Ellen Cantarow
NPR's Distortions on Palestine
Richard Oxman
Bageantry Continued
Poets' Basement
Gaffney, Landau, Albert, Collins
January 7,
2005
Omar Barghouti
Slave
Sovereignty: Elections Under Occupation
Kent Paterson
The Framing of Felipe Arreaga: Another Mexican Environmentalist
Arrested
Niranjan Ramakrishnan
Old
Vijay Merchant and the Tsunami
David Krieger
Cancel the Inauguration Parties
Gideon Levy
New Year, Old Story
Dave Lindorff
Ohio Protest: First Shot Fired by Congressional Progressives
Christopher
Brauchli
Privatizing the IRS
Roger Burbach
/ Paul Cantor
Bush,
the Pentagon and the Tsunami
January 6,
2005
Brian J. Foley
Gonzales:
Supporting Torture is not His Greatest Sin
Greg Moses
Boot
Up America!: Gen. Helmly's Memo Leaks New Bush Deal
Petras / Chomsky
An
Open Letter to Hugo Chavez
Alan Maass
The Decline of the Dollar
Dave Lindorff
Colin Powell's Selective Sense of Horror
Jenna Orkin
The EPA and a Dirty Bomb: 9/11's Disastrous Precedent
P. Sainath
The
Tsunami and India's Coastal Poor
January 5,
2005
Alan Farago
2004:
An Environmental Retrospective
Winslow T.
Wheeler
Oversight
Detected?: Sen. McCain and the Boeing Tanker Scam
Jean-Guy Allard
Gary Webb: a Cuban Perspective
Fred Gardner
Strutting, Smirking, As If The Mad Plan Was Working
David Swanson
Albert Parsons on the Gallows
Richard Oxman
The Joe Bageant Interview
Bruce Jackson
Death
on the Living Room Floor
January 4,
2005
Michael Ortiz
Hill
Mainlining
Apocalypse
Elaine Cassel
They
Say They Can Lock You Up for Life Without a Trial
Yoram Gat
The
Year in Torture
Martin Khor
Tragic
Tales and Urgent Tasks from the Tsunami Disaster
Gary Leupp
Death
and Life in the Andaman Islands
January 3,
2005
Ron Jacobs
The
War Hits Home
Dave Lindorff
Is
There a Single Senator Who Will Stand Up for Black Voters?
Mike Whitney
The Guantanamo Gulag
Joshua Frank
Greens and Republicans: Strange Bedfellows
Maria Tomchick
Playing Politics with Disaster Aid
Rhoda and Mark
Berenson
Our Daughter Lori: Another Year of Grave Injustice
David Swanson
The Media and the Ohio Recount
Kathleen Christison
Patronizing
the Palestinians
January 1 /
2, 2005
Gary Leupp
Earthquakes
and End Times, Past and Present
Rev. William
E. Alberts
On "Moral Values": Code Words for Emerging Authoritarian
Tendencies
M. Shahid Alam
Testing Free Speech in America
Stan Goff
A Period for Pedagogy
Brian Cloughley
Bush and the Tsunami: the Petty and the Petulant
Sylvia Tiwon
/ Ben Terrall
The Aftermath in Aceh
Ben Tripp
Requiem for 2004
Greg Moses
A Visible Future?
Steven Sherman
The 2004 Said Awards: Books Against Empire
Sean Donahue
The Erotics of Nonviolence
James T. Phillips
The Beast's Belly
David Krieger
When Will We Ever Learn
Poets' Basement
Soderstrom, Hamod, Louise and Albert

December 23,
2004
Chad Nagle
Report
from Kiev: Yushchenko's Not Quite Ready for Sainthood
David Smith-Ferri
The
Real UN Disgrace in Iraq
Bill Quigley
Death
Watch for Human Rights in Haiti
Mickey Z.
Crumbs
from Our Table
Christopher Brauchli
Merck's Merry X-mas
Greg Moses
When
No Law Means No Law
Alan Singer
An
Encounter with Sen. Schumer: a Very Dangerous Democrat
David Price
Social
Security Pump and Dump
Website of the Day
Gabbo Gets Laid

December 22,
2004
James Petras
An
Open Letter to Saramago: Nobel Laureate Suffers from a Bizarre
Historical Amnesia
Omar Barghouti
The Case for Boycotting Israel
Patrick Cockburn / Jeremy Redmond
They Were Waiting on Chicken Tenders When the Rounds Hit
Harry Browne
Northern Ireland: No Postcards from the Edge
Richard Oxman
On the Seventh Column
Kathleen Christison
Imagining
Palestine
Website of the Day
FBI Torture Memos
December 21,
2004
Greg Moses
The
New Zeus on the Block: Unplugging Al-Manar TV
Dave Lindorff
Losing
It in America: Bunker of the Skittish
Chad Nagle
The View from Donetsk
Dragon Pierces
Truth*
Concrete
Colossus vs. the River Dragon: Dislocation and Three Gorges Dam
Patrick Cockburn
"Things Always Get Worse"
Seth DeLong
Aiding Oppression in Haiti
Ahmad Faruqui
Pakistan and the 9/11 Commission's Report
Paul Craig
Roberts
America
Locked Up: a System of Injustice







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|
Weekend Edition
February 12 / 13, 2005
Pot Shots
Waiting
for Raich
By
FRED GARDNER
The Supreme Court's ruling in Raich
could come by the end of this month. Later this spring is more
likely, says attorney Robert Raich. Technically, the Court will
issue a "judgment" on the Ninth Circuit Court of Appeals'
ruling that prevented the feds from interfering with patient
Angel Raich and those who grow her cannabis, and Diane Monson,
who grows her own. The key section of the judgment will probably
be one word -"affirmed" or "reversed." The
judgment could also affirm in part and reverse in part. The
judgment will be accompanied by a written opinion explaining
the reasoning behind it. Individual justices may issue concurring
and dissenting opinions emphasizing aspects of the case they
consider important.
Even a straightforward affirmation
or reversal could be on any number of legal grounds. The Commerce
Clause was the only issue the Ninth Circuit addressed, so the
opinion is very likely to address it. But the Court could also
base its ruling on grounds raised by Raich that the 9th Circuit
did not address: necessity, federalism, fundamental rights and
individual liberties, or a statutory interpretation of the Controlled
Substances Act. All Raich needs in order to win is a majority
agreeing on the result. For example, O'Connor and Ginzburg,
who've had brushes with cancer, might decide to affirm on grounds
of medical necessity (warding off a greater harm). They could
be joined by three conservatives seeking to limit Congressional
power under the Commerce Clause. Or by Stevens, Breyer and Souter
agreeing with the federalism argument (states should be "laboratories
of democracy").
There could be a ruling favorable
to Raich and Monson that does not reverse the restrictions that
many California counties and cities have been imposing on dispensaries.
Say the Court rules only on Commerce Clause grounds. A given
city could then say, "We will allow individual patients
to cultivate, like Diane, and individual caregivers to give their
medicine away for free, like Angel's John Does, but we still
aren't going to let collectives and cooperatives exist (even
though they're legal under state law)." It all depends
on how the justices frame the opinion.
Some 30 cases are on hold pending
the outcome of Raich. Ann Harrison summarizes them in the upcoming
issue of O'Shaughnessy's: Bryan Epis, Keith Alden, The
Marin Alliance for Medical Marijuana, the Oakland CBC, WAMM,
the Ukiah Cannabis Buyers Club, Ed Rosenthal, David Davidson,
Cynthia Blake, Eddie Lepp, Marian Fry and Dale Schafer, Judy
and Lynn Osburn, Anna and Gary Barrett, Stephanie Landa, Tom
Kikuchi, Kevin Gage, "Duke" Schmidt, Ken Hayes, Rick
Watts, Steve McWilliams, Steve Tuck, Michael Teague, Leroy Stubblefield,
Jacek Mroz, Jessie Nieblas, Mario Pacetti... The basic crime
in each of these cases: implementation of Prop 215.
The Raich ruling will also
influence how cities and counties relate to dispensaries. Many
jurisdictions have moved to ban cannabis clubs, limit the number
allowed, or otherwise restrict their operations (1,000 feet from
a school, no medicating on the premises, etc.). Even Oakland,
which had pioneered legal distribution, limited the number of
clubs to four in 2004, forcing many to move, close, or operate
clandestinely.
Whether or not a negative ruling
would trigger a wave of repression by the feds, it would heighten
the terror alert for California growers, distributors, and even
patients. Attorney Bill Panzer thinks the Court will avoid ruling
on the constitutional issue. "They can find a way to go
sideways. When the government is seeking to enforce criminal
statutes there is a strong presumption that the statute is valid.
They could say the 9th circuit did not give proper weight to
the government's position of enforcing a criminal statute, therefore
the preliimnary injunction was premature. They can send it back
with orders to dissolve the preliminary injunction but let the
case continue." It would be years before the Raich case
made it back to the Supreme Court.
"They could also knock
Angel out of the case, claiming she has no standing," according
to Panzer. Diane Monson and the John Does have standing as growers,
he says, "but there is no basis to believe that Angel is
under any danger of being arrested for simple possession."
Panzer expects the media to
sensationalize and distort the decision. "Anything other
than an out-and-out win for our side will mean law enforcement,
both state and federal, taking the attitude, 'They struck down
Prop 215,' and there'll be a backlash, just like there was after
the OCBC ruling." Panzer foresees local police and sheriffs
arresting more medical marijuana producers and distributors and
more people "having to go to court and deal with it."
He "would not be surprised if the DEA hit a couple of dispensaries."
In the recent period of relative
calm, Panzer points out, the feds have moved against Richard
Marino's dispensary in Roseville (using the forfeiture laws),
and against a Southern California affiliate of Ukiah's UMCC (using
a forfeiture threat against the landlord). Panzer is mot concerned
about how the Raich decision will affect the preliminary injunction
won by WAMM. "Unless it's a clear win for Raich, the Court
says, 'Dissolve the preliminary injunction.' And they'll have
to dissolve it." Panzer is worried that Mike and Valerie
Corral stand to lose the land on which WAMM members grew cannabis...
not to mention their freedom.
Role of Physician
Assistants Questioned
Panzer bemoans the recent proliferation
of "clinics" at which patients seeking approval to
use cannabis are examined by a physician's assistant. Panzer
named "Suffering Patients" and "MediCann"
as two clinics that employ PAs. He said he was alerted to the
trend in late 2004 by a dispensary proprietor in Hayward who
was seeing letters of approval on which the doctor's signature
had been rubber-stamped. "These pre-signed forms may not
stand up in court," Panzer warns. "The wording of Prop
215 specifies that 'physicians' must recommend or approve cannabis
use by California patients. Expect judges to interpret it conservatively,"
says Panzer.
Two days after Panzer expressed
his misgiving, we saw a post from a group called overgrow.com.
"Butte County DA Mike Ramsey has ordered MediCann Clinic
in Chico to not open for business as usual on Wednesday (2/9)
or he will come and shut them down. Ramsey states he does not
recognize Physician Assistant generated medical cannabis recomendations
in Butte County. The DA states MediCann must use MDs for recommendations
to be 'legal' per Prop 215. This is direct violation of California
medical law which states that PA's can perform 'any duties typically
performed by an MD" to include surgery, as long as PA is
properly trained and supervised.'"
The Overgrow post concludes,
"Hope the DA in your County is focusing on murder, rape,
armed robbery, corporate crime, etc., and not a handful of medical
cannabis patients."
Dale Gieringer of Cal NORML
agrees with Panzer: "Cal NORML advises patients to insist
on seeing a real MD, not a physician's assistant. Our attorneys
are of the opinion that PA approvals are likely not to be upheld
by the courts." .
A dam of litigation ready to
burst. I worry about a wave of bad local ordinances up and down
the state.
On 2/7 Calaveras County allowed
Kim Cue to open a dispensary. Orange County Register article
said two supervisors had relatives with conditions -AIDS and
pancreatic cancer- for which marijuana is known to provide relief.
It was a 3-2 ruling, against the vigorous opposition of the sheriff.
It had the typical onerous ridiculous provisions -can't be within
1,000 feet of a School, church, playground, etc.
The danger is that the Court
will view this case as a "drug" case instead of a medical
case, and they'll carve out yet another exception to the Constitution
for the drug war. How might they avoid ruling on the constitutional
question. In our brief we explain how they could do it by a
statutory-interpretation method. They could interpret the controlled
substances act page 45 as an act of congress not broad enough
to a phyusician who writes a valid order in the jurisdiction
in which he practices to distribute of dispense is not unlawful,
therefore the patient who has it How about an unfavorable way?
Can a caregiver argue that
what mattered was not the John Does giving it away for free,
but not making anything beyond expenses? Or an exorbitant profit?
If that's a matter that a majority of the justices weigh in
on.
The 9th Circuit had reversed
a U.S. district court's refusal to grant an injunction sought
by Raich-Monson calling off the feds. It remanded the case back
to the district court to enter the injunction. Pebbles Trippet
of the Medical Marijuana Patients Union calls it "the most
significant case dealing with medical freedom to face the court
since Roe v Wade" (which affirmed the gatekeeper role of
doctors in medical decisions, as well as women's reproductive
rights).
Raich set federal precedent
for an individual patient's right to grow marijuana for medical
purposes. It led to Santa Cruz v Ashcroft, which went further,
setting precedent for medical cannabis collectives, i.e., patients
engaged in collective cultivation of marijuana for their personal
medical use under state law. Santa Cruz v Ashcroft still
stands as 9th Circuit precedent for collectives but undoubtedly
will be challenged if Raich is reversed.
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