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Inside the New Print Edition of CounterPunch: Labor at the Crossroads

First the Wedding; Now the Wake: Big Labor's New Unity Partnership by JoAnn Wypijewski; Report from Baghdad: How Did the Votes Add Up: by Patrick Cockburn. Tsunamis of Blood: Wolfowitz in Indonesia: by Joseph Nevins; ALSO Alexander Cockburn on Tsunami Aid: How the People Scored. Remember these stories are available exclusively in the print 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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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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