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Recent
Stories
May
16, 2003
Website
of the Day
Iraq and Our
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May
15, 2003
Ayesha
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How
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A Story I Will Tell
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Steve Perry
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May
13, 2003
Saul
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Clear Channel Fogs the Airwaves
Michael
Neumann
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My Meeting with Arafat
Steve Perry
The Saudi Arabia Bombing
Jacob
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Democracy Comes to Iraq: Kick Their Ass and Grab Their Gas
William
Lind
The Hippo and the Mongoose: a Question of Military Theory
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12, 2003
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Sharon and Sons, Inc.
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10 / 11, 2003
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Bush's War Web Log 5/10
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May
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Mahajan
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Madsen
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8, 2003
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Z.
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May
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May
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May
2, 2003
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May
16, 2003
Things Have Changed
A Nation of
Fear
By SAM HAMOD
with assistance from Elaine Cassel
I'm a strong believer in speaking out--as
many of you know from my articles, and as my friends have known
from my work in civil rights, human rights and other causes of
the First Amendment in public and in the various universities
at which I have taught.
But I, and we all, face a new dilemma.
The lawyer client privilege is almost gone, note the case of
the lawyer defending some of the defendants in the original Trade
Towers bombings, Lynne Stewart. She is now on trial for simply
defending her clients and having answered a simple question at
a press conference. She was asked how her client felt about violent
resistance; she simply said that he felt it was legitimate. She
only reported what he said in answer to an honest question from
a reporter. She was then charged with aiding and abetting terrorism--and
to this day, she is imprisoned. Fortunately, she has an excellent
attorney, Michael Tigar; but there are others out there who do
not have this quality of attorney and who have told they have
no right to even see an attorney. Although some courts have told
the US Government to provide attorney visits, etc.--the Justice
Department has not obeyed the courts, but has appealed. During
the appeal periods, the Justice Department and the White House
have both put tremendous political and legal pressure on the
judges to vote their way--to do away with the lawyer client privilege
so that the government may continue, "creating trust and
dependency" with the imprisoned persons.
What this means is that the government
is trying to break the will of the persons, who have often not
even been charged, indicted, or in any way had a prima facie
case presented against them! Yes, this astounding, but it's happening
right under our noses every day of the week. It has happened
in Chicago, in Buffalo, in Texas and in other parts of the country,
and often we do not even know who has been picked up or what
has happened to them. Earlier this week on NPR, on All Things
Considered, David Cole, an attorney who teaches at Georgetown
Law School of Law, brought this matter up and especially pointed
to the case of Mr. Padilla, a U.S. citizen who is incarcerated
without an attorney, who has no charges against him, who has
no access to visitors and in many other ways his civil rights
are being violated by Ashcroft and his gang--but there is nothing
we can do about it because even the courts are in the hands of
the Bush/Ashcroft gang these days. Thus, even all of you, may
be "detained" for no good reason and kept locked up
for who knows how long--Ashcroft and his minions aren't saying,
and they refuse to listen to judges who are trying to make them
obey our laws and our Bill of Rights. Ashcroft hopes that by
keeping people in prison, isolated and without advice from attorney,
they may force a confession--real or invented; thus, getting
a confession.
Add to these matters that Rumsfeld has
now said there will be no review for his military courts and
that those he deems to be enemy combatants, etc., will be represented
by a JAG lawyer--which puts the defendant in even more jeopardy
because he/she will not be allowed to retain an attorney of their
own choice. The new problem may be one of linguistic/semantics
with regard to who "enemy combatants" or "those
assisting the enemy" are; this is scarier and scarier as
Ashcroft and Rumsfeld are almost like a new type of supreme court
unto themselves.
On the other hand, we know that a coerced
confession will not hold up in court--IF THE JUDGE IS FAIR AND
HONEST. But, suppose the judge is afraid of Ashcroft and his
gang, or believes as they do, that they should be able to do
whatever they wish in order to "protect the national security"
(though this phrase is often bogus)--THEN WHAT.
IN THAT CASE, ALL IS LOST, BECAUSE THE
COURT IS THE ONE WHO MUST DECLARE ASHCROFT'S ACT ILLEGAL, BUT
IF THEY REFUSE TO DO THAT, THEN HE MAY CONTINUE RUNNING ROUGHSHOD
OVER OUR CIVIL AND HUMAN RIGHTS, as he has done since the Patriot
Act was passed.
This brings me to a situation of a friend
of mine. He was recently invited to be interviewed on a radio
station from a foreign power. He felt he would like to do it,
but he had heard Mr.Cole's comments the same day he had the invitation.
Thus, he hesitated. He told me the nation was one of those against
whom Bush had spoken unfavorably, even threateningly. He was
upset because he was feeling that if he spoke on the air and
said anything that Bush/Ashcroft didn't like, they could say
he was aiding and abetting an enemy, or a potential enemy and
might just simply "detain him" and he'd face the Padilla
dilemma. He was upset that Ashcroft and his ways had made him
pause, to think about what he should do because of the tremendous
fear Ashcroft/Bush have instilled in our nation.
He added that he didn't have the money
to fight the U.S. Government, nor did he want to spend time in
prison for simply appearing on this radio station. He asked if
I thought he was a coward; I told him no, that the threat was
real and that I understood his dilemma. He was also worried because
several U.S. intelligence agencies have hired former KGB and
Mossad agents, who know or care little about our First Amendment
rights and our basic freedoms. He pointed to Paul Krugman's article
in the NY Times, where he said that America and its loss of rights,
was a "different country" after 9/11--now my friend
was feeling this change in his life.
So there you have it; we're in a hell
of pickle.
My colleague, Elaine Cassel, who has
her eyes carefully trained on the law and writes of these things
in her blog page, made a good point to me, when discussing these
matters, she said, "The problem is, we're running out of
courts and we're running out of judges who will stand up and
call these actions wrong and unlawful. Too many are in the pockets
of the Bush administration or Ashcroft's camp, so there are fewer
and fewer place to turn, and you know what will happen if it
ever gets to the Supreme Court!" I fear she is correct,
so if you add what Cole said, what Tigar has been fighting and
what vision Ms. Cassel shows--the road ahead is going to be difficult.
So I understood my friend's dilemma clearly.
But somehow, there is this little voice
in the back of my head, in the back of my heart, that says, "Yes,
that's all true, but we must find a way--if we all put our heads
together and work on this, we will find a way to defeat this
evil wrongdoing--I don't know how yet, or when, but that it will
come--it always has and for some odd reason, I believe it will."
I told him this in a flush of optimism.
I don't know exactly what he'll do, but
I share this with you (with his permission) because it is a serious
matter that must be considered in this strange time. What would
you do?
Sam Hamod
is an expert on world affairs, especially the Arab and Muslim
worlds, former editor of THIRD WORLD NEWS (in Wash, DC), a former
professor at Princeton University, former Director of The National
Islamic Center of Washington, DC, an advisor to the US State
Department and author of ISLAM IN THE WORLD TODAY. He is the
editor of www.todaysalternativenews.com,
and may be reached at shamod@cox.net
Yesterday's
Features
Ayesha
Iman and Sindi Medar-Gould
How
Not to Help Amina Lawal: The Hidden Dangers of Letter
Writing Campaigns
Julie
Hilden
Moussaioui and the Camp X-Ray Detainees:
Can He Get a Fair Trial?
Tanya
Reinhart
Bush's Roadmap: a Ticket to Failure
Laura Carlsen
Here We Go Again: NAFTA Plus or Minus?
Kenneth
Rapoza
The New Fakers: State Dept. Undercuts
New Yorker's Goldberg
Stew Albert
A Story I Will Tell
Steve
Perry
Bush's Little
Nukes
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