Cockburn
/ St. Clair's Scorching New History of a Decade of War
Now Available!

Today's
Stories
June 22,
2004
Bruce Jackson
Saying
No to Prosecutors: Why Steve Kurtz's Colleagues Refused to Testify
June
21, 2004
Gary
Leupp
Putin's Helpful Remarks
Lucson
Pierre-Charles
Haiti After the Press Went Home: Chaos
Upon Chaos
Cockburn
/ Khan
Saddam May Face Death Penalty
Uri
Avnery
Irreversible Mental Damage

June
19 / 20, 2004
Patrick
Cockburn
Inside the Green Zone: US is Paranoid
and Isolated
Bruce
Anderson
Frozen Gringos
Diane
Christian
Morality and Death: a Meditation
on Bush and Blake
Walter
A. Davis
Passion of the Christ in Abu Ghraib
Josh
Frank
How Democrats Helped Bush Rape Mother
Nature
Col.
Dan Smith
Respectable Genocide?: the Crisis
in Sudan
Brian
Cloughley
A Profound Disruption of the Senses
Christopher
Brauchli
Bush and the Timken Plant, a
Year Later
Prudence
Crowther
Mr. Ashcroft, Deport Me!
Poets'
Basement
Iqbal/Alam, Krieger and Albert
Kathy
Kelly
Dying to See Their Kids

June
18, 2004
Chris
Floyd
Blood Victory
Dave
Zirin
Danielle Green, Basketball Player
& Disabled Vet, Speaks Out Against War
Justin
E.H. Smith
The Christian Question in American
Politics
Gary
Leupp
The "Long-Established" Link?:
Iraq, al-Qaeda, and al-Zarqawi
June
17, 2004
Noel
Ignatiev
Zionism, Anti-Semitism and the People
of Palestine
Kurt
Nimmo
The Bush-Kerry Conundrum
Ed
Cardoni
The Persecution of Steve Kurtz
Ron
Jacobs
Power Relations: Rounding Up Everyone Who Knows More Than They
Do
Dave
Lindorff
Philly Daily News: "Four Wasted Years"
Greg
Moses
Geneva Ignored
Norm
Dixon
How Reagan Armed Saddam with Chemical
Weapons

June
18, 2004
Noel
Ignatiev
Zionism, Anti-Semitism and the People
of Palestine
Kurt
Nimmo
The Bush-Kerry Conundrum
Ed
Cardoni
The Persecution of Steve Kurtz
Ron
Jacobs
Power Relations: Rounding Up Everyone Who Knows More Than They
Do
Dave
Lindorff
Philly Daily News: "Four Wasted Years"
Greg
Moses
Geneva Ignored
Norm
Dixon
How Reagan Armed Saddam with Chemical
Weapons

June
16, 2004
Lenni
Brenner
A Question for Kerry Supporters
Davey
D
Hip Hop Reflections on Reagan
Daniel
Wolff
Why Did Michael Moore Withhold Video Evidence of US Prisoner
Abuse?
Bruce
Jackson
Harry Levin and the Penultimate Manuscript of Finnegans Wake
Patrick
Cockburn
Boom! Boom! Out Go the Lights: Bombings Target Oil and Power
Facilities
Gary
Handschumacher
Mourn Ben Linder, Not His Killer: Reagan's Death Squads
JG
Turning Haiti into One Big Sweatshop
Mario
Benedetti
Obituary with Cheers
Vicente
Navarro
Meet the New Head of the IMF: Who
is Rodrigo Rato?
Website
of the Day
Iraqi Oil Revenue Watch
June
15, 2004
Harry
Browne
Ireland Adds a Brick to Fortress Europe
Neve
Gordon
The Palestinian Refugee Problem Revisited
David
Palmer
Richard Armitage, Abu Ghraib and CACI
John
Blair
Lovelock's Misguided Call: Nukes Are No Solution to Global Warming
Dave
Lindorff
God Wins in TKO
Bill
Quigley
Blood-Pouring Peace Activists: State Charges Dropped; Feds Step
In
Patrick
Cockburn
Carbombs and Street Dances: 13 More Killed in Baghdad Blast
John
Chuckman
John Kerry, Political Placebo
June
14, 2004
John
Stanton / Wayne Madsen
Torture, Inc: Oliver North Joins
the Party
Kathy
Kelly
Requiems: What Happens When Compassion Dies?
Bruce
Jackson
Bush Gets Testy About Torture
Lee
Sustar
Strikers Defy Visteon's Company Thugs
Kurt
Nimmo
The Desperate Censors: the Republican Plot to Kill Farhenheit
9/11
Jim
Davis
Hard Right Nativism
Eliot
Katz
Death and War
Uri
Avnery
The Nightmare Comes True
Website
of the Day
Instruments of Statecraft
June 12 / 13, 2004
Peter
Linebaugh
Remembering the Common Hood: Soweto
and Runnymede
Team
CounterPunch
CP's Favorite Albums
Jeffrey
St. Clair
Troy, Now and Then
Gary
Leupp
Not Really a Puppet Government in Iraq?
Brian
Cloughley
US Military in Crisis
Antonio
Ponvert, III
Iraqi Prisoner Abuse: the Connecticut Connection
Ben
Tripp
The Polls Get Stupider
Joe
Bageant
Mash Note to the "Girl with the Leash"
Ron
Jacobs
The Return of the Hip Hop Insurgency
Forrest
Hylton
Object Lessons from the Case of Francisco Cortés
Christopher
Brauchli
Federal Bureau of Errors
Kurt
Nimmo
Going After Qaddafi, Again
Wayne
Madsen
Israel's Slap at Reagan
Anthony
Loewenstein
Al Jazeera Awakens the Arab World
Michael
Donnelly
A Lightship in the Forest: Greenpeace Docks in the Siskiyous
Greg
Moses
Who Will Tell Us More About the Workers of Nasiriyah?
Susan
Davis
Harry Potter & the Prisoner of Azkaban
Joseph
Ramsey
Weather Report: a Review of The Weather Underground
Niranjan
Ramakrishnan
The 18th Brumaire in the 21st
Century
Wayne
Saunders
The Gipper, D-Day and the Stanley Cup
Poets'
Basement
Richey, Ford, La Morticella, Albert
Website
of the Weekend
Insurgent Music
June
11, 2004
Alexander
Cockburn
Reagan in Truth and Fiction
Ron
Jacobs
Ray Charles' Legacy of Spirit
Chris
Floyd
Funeral Games
Steven
Sherman
How Reagan Destroyed the Democrats and Paved the Way for Clinton
Mokhiber
/ Weissman
Remembering Reagan
Norman
Solomon
Media's Mourning in America
Paul
Alexander
The Kerry Fantasies of Chalmers Johnson
CounterPunch
Wire
The Terror Hour: Miami TV Station Invites Commandoes to Talk
About Planned Attacks on Cuba
June
10, 2004
Noam
Chomsky
The Apotheosis of Reagan : Divinity
Through Marketing
Gary
Leupp
Bush, the Religious Scholar
Patrick
Cockburn
The Iraqi Street Has Spoken: New
Govt. Made Up of CIA Pawns
Saul
Landau
Force-Feeding Lies About Free Trade
Scott
Evans
Settling for the System: How Punkvoter.com Became Just Another
Tool of the Democrats
Jacob
Levich
John Kerry's World of Hurt: Senator Supports Beam Weapons
Zeynep
Toufe
Reagan, Neo-Cons and the "Intelligence Failures"
Nico
Pitney
Reform at Wal-Mart?
Dave
Zirin
Son of a Reagan: What a Sporty 6-Year Old Saw at the Revolution
Jack
McCarthy
Where Were You When Reagan Croaked?
Gary
Corseri
Nouns That Should be Acronyms
David
Price
Reagan and the Black Budget
Website
of the Day
Inequality by the Numbers

June
9, 2004
Mustafa
Barghouthi
Israel's Common Use of Torture
Must be Exposed
Mike
Whitney
Alan Dershowitz, Still Defending
Torture
John
Chuckman
Why the CIA will Always be a Costly Flop
Jim
Tarbell / Roger Burbach
Bush's Democratic Charade in Iraq
Dave
Lindorff
Put Reagan on the $3 Bill
Miguel
D'Escoto
Reagan was the Butcher of My People
Becky
Burgwin
The Betrayal of Smarty Jones: Flogging a Natural Born Hero
Patrick
Cockburn
The Rich Have Been Warned to Leave
Baghdad
June
8, 2004
Jeffrey
St. Clair
The Nature of Ronald Reagan: Will
the Earth Accept His Corpse?
Dave
Lindorff
The March on Rumsfeld's House: Is
the US Anti-War Movement Running Out of Steam?
Phillip
Cryan
Torture, Bombings & the Press in
Colombia
Mark
Zepezauer
Getting Reagan Wrong
Mickey
Z.
Reagan, Radicals and Repetitive Reactions
John
L. Hess
Reagan and Bush in Normandy
Alex
Dawoody
Reagan and Saddam: the Unholy Alliance
Christopher
Fons
Reagan in a Word: Mean
Niranjan
Ramakrishnan
Some Tenets are More Important Than Others
Ahmed
Bouzid
Nothing New Under the Israeli Sun
Michael
Leon
Bush the Narcissist
June
7, 2004
Jason
Leopold
New Enron Docs Show Lay and Skilling
Knew of California Trading Schemes
Patrick
Cockburn
The Baghdad Bombings: the Pattern
of Attacks is Changing
Dennis
Hans
From Afghanistan to El Salvador: Reagan's
Dark Global Legacy
Tracy
McLellan
Nader at the National Press Club:
a Glimpse at a Different Kind of Politics
Bill
Blum
The Myth of the Gipper: Reagan Didn't
End the Cold War
Ben
Tripp
What I Owe Reagan: the Brylcreemed
Bullshitter
Susan
Davis
Reagan, In a Nutshell
Phil
Gasper
Reagan: Goodbye and Good Riddance
Website
of the Day
A Child's ABCs of Terrorism
June
5 / 6, 2004
C.
Douglas Lummis
Toward a Universal Declaration of
Human Wrongs
Saul
Landau
Five Cubans in Prison, Victims of Bush's Obsession
Dave
Lindorff
John Walker Lindh, Revisited
Brian
Cloughley
Apologies, Please, From Those Who Got It Wrong
Rich
Gibson
The Grenada 17: the Last Prisoners of the Cold War are Black
Elaine
Cassel
A Sorry FBI
Cathrin
Schütz
On the Ruins of Yugoslavia
Ben
Tripp
Call Me, Mr. Cassandra
Kurt
Nimmo
The Madness of King George
Ron
Jacobs
They Ain't Goin' Nowhere (Unless We Make It So)
Laura
Flanders
The Lynne Cheney Show?
Lenni
Brenner
Renaissance Noir: Caravaggio at the Met
Abigail
Jones
Whatever Happened to Lori Berenson, President Toledo's Trophy
Prisoner?
Mark
Latham
Nothing Bush Said Has Changed Our Hopes
Gerry
Adams
I Was Photographed While Tortured, Too
Toni
Solo
Venezuela 2004, Nicaragua's Contra War Reprised
Derek
Seidman
Meet the New Boss, Same as the Old
M.
Junaid Alam
Torture is Just the Symptom
Matt
Siegfried
An American Way of War
Dave
Zirin
The Politics of Charles Barkley
Poets'
Basement
Albert, Krieger, St. Clair
Website
of the Weekend
Overnight Sensations
June
4, 2004
Chris
Floyd
Masked and Anonymous: Inside America's
Animal House
Cornwell
/ Penketh
Exit Tenet: the Fall of a Fall Guy
Wayne
Madsen
Apprehension & Frustation: Neo-Cons on the Brink
Greg
Moses
Agitating for Workers' Rights in Iraq
Yitzak
Laor
Before Rafah
Ghali
Hassan
Ambassador to Death Squads: Who is Negroponte?
Jane
Stillwater
God, the Rapture and Vera Casey
CounterPunch
Wire
D-Day Reconsidered: Was It Really Worth the Carnage?
John
Borowski
Woo-Wooism v. Meteorites: Why the Dems Are No Match for Bush
Mike
Griffin
Caterpillar's Assault on the UAW
Alexander Cockburn
Has Bush Gone Over the Edge?
Website
of the Day
Aquae Urbis Romae:
Water and Empire

June
3, 2004
Ron
Jacobs
Iran's Nuclear Dilemma
Dr.
Susan Block
America in tha Hood
Michael
Donnelly
The Bully and the Brahmin
John
Chuckman
Insanity in America: US Ranks Number
One in the Deranged
Christopher
Brauchli
The Return of Cardinal Law: Rome
on $12,000 a Month
Samia
Nassar Melki
Caravaggio in Iraq
Mike
Whitney
Subverting Justice: Pre-Trial Ruminations in the Padilla Case
Diane
Rejman
Memorial Day Isn't Just About the Dead
Scott
Morris
"WMDs" in Cuba
Paul
de Rooij
Palestinian Misery in Perspective
June
2, 2004
Brian
Cloughley
The Liars are Winning
Ray
McGovern
How Far Would They Go? Beware "Credible
Intelligence"
Josh
Frank
The Anybody But Bush Offensive
Mike
Whitney
The Afghanistan Failure: Bush's Warlord Patriots
Jackie
Corr
Iraq and Ireland: Three Tales from Butte, Montana
Robert
Jensen
The US Lost the Iraq War...and It's a Good Thing, Too
Alexander
Cockburn
"Bye, Bye Boonville!"
June
1, 2004
Gary
Leupp
Instant Karma: Bush's Sins Catch Up
with Him
William
A. Cook
Manufacturers of Fear and Loathing in
Rafah
Dave
Lindorff
Will the Times Clean House?
Kevin
Zeese
Inside the Kerry / Nader Meeting: Did
the Kerry Campaign Lie About What Was Discussed?
Jacob
Levich
Coming Soon: Return of the Draft,
a Bipartisan Production
Kathy
Kelly
Voices in the Wilderness v. the US
Government
Website
of the Day
Remind Us
May
29 / 31, 2004
Lee
Ballinger / Dave Marsh
The Origins of Memorial Day
Janine
Pommy Vega
Memo for Memorial Day
Mike
Ferner
On Their Way to Abu Ghraib
Alfred
W. McCoy
The Cruel Shadow: the Long History of CIA Torture Research
Douglas
Valentine
An Open Letter to the NYT: Questions, Questions, Questions
Chris
White
First to Fight Culture: a Former Marine on the Marine Motto
Bruce
Anderson
The Awful Injustice to Tai Abreu
David
Vest
Get Ready for Kerry's War: the 100 Year Quagmire
Saul
Landau
Torture: the Logical Outcome of Bush's War for Democracy?
Kurt
Nimmo
Abu Hamza al-Mazri, Made in the USA
Elaine
Cassel
The Secrets of Surveillance: Ashcroft, Snoops, and Gag Orders
Will
Potter
The New War on "Terror": Protest the Torture of Chimps;
Get Arrested as a "Terrorist"
Ben
Tripp
They Fiddled While Nero Got the Matches
Dr.
Susan Block
Save Abu Ghraib!
Kia
Kojouri
Nukes, the US, Israel and Iran: an
Interview with Sasan Fayazmanesh
Mickey
Z
D-Day: 60 Years is Enough!
Jon
Brown
Correcting the Correction at the Times
Patrick
B. Barr
Pre-emptive War Insurance
Stephen
Gowans
Bad Apples in a Bad Barrel
Tom
Gorman
Gore on Bush in Iraq: the Approach May be Exotic, But It's Hardly
New
Dave
Zirin
Fighting for Boxers' Rights: an Interview with Eddie Mustafa
Muhammad
Gregory
Weiher
Bush to Arabs: "Go Get Yourself Some Democracy"
Erik
Cummings
Jung Meets Bush
Poets'
Basement
Davies, Ford, Kearney, McLellan and Albert
May
28, 2004
Rafael
Rodriguez Cruz
Curtain of Silence on the Cuban 5
Greg
Moses
Bush's Misleading Speech on Abu Ghraib
Dave
Lindorff
Dissing Independent Contractors:
Those Who Do the Dirty Work
Norman
Solomon
Leaping for Lies at the Times
Rep.
Bill Delahunt
Bush's Cruel New Rules on Cuba
Paul
McGeough
Chalabi Baba and the 40 Thieves
Niranjan
Ramakrishnan
India and Nehru: 40 Years After
Alexander
Cockburn
NYTs: "Maybe We Did Screw Up...a
Little"
May
27, 2004
Amy
Goodman / David Goodman
Fatal Errors: the Lies of Our Times
Douglas
Valentine
Ragging the Dogs of War at the
NYTs
John
L. Hess
The Times Confesses...Kind Of
Stew
Albert
Dellinger, the Wrestling Pacifist
Dave
Dellinger
a 1993 Interview
Christopher
Brauchli
Tax Breaks for Scions...to Hell with Poor Kids
Rampton
/ Stauber
Banana Republicans: Pumping Irony
May
26, 2004
Ron
Jacobs
Goodbye, David Dellinger: He Was a
Friend of Ours
Robert
Fisk
The Things Bush Didn't Say in His Speech
Zeynep
Toufe
New Draft UN Resolution Permits Perpetual Occupation
Conn
Hallinan
Bush and Sharon: the Oil Connection
Tom
Stephens
2 + 2 is On My Mind: More Morons
and War Crimes
Derek
Medley
Protesting Gov. Bigot
CounterPunch
Wire
FBI Abducts Artist; Seizes Art
Andrew
Cockburn
The Trail to Tehran
May
25, 2004
Joe
Bageant
The Covert Kingdom: On Earth as It
is in Texas
Col.
Dan Smith
A Question of Human Dignity
Gary
Handschumacher
Visiting Lori Berenson: Time to Bring Her Home
Toni
Solo
A Developing War in the Andes
Marc
Estrin
September Song: Disturbing Questions
About 9/11
Stephen
Banko, III
A Vietnam Vet on "Supporting the
Troops"
Website
of the Day
The Wizard of Whimsy

May
24, 2004
Ron
Jacobs
Dan Senor is Safe!
Kurt
Nimmo
Dirty Tricks & TortureGate: the
Missing Taguba Pages
Sam
Hamod
Gen. Zinni: "Wrong War, Wrong
Place, Wrong Time"
Mike
Whitney
The Wedding was a Bomb
Stan
Goff
Open Season on MAMs
Image
of the Day
A Photo from Abu Ghraib We Didn't See on the Front Page of the
NYTs
May
22 / 23, 2004
Paul
de Rooij
Colin Powell, a Political Obituary
Jeffrey
St. Clair
When War is Swell: Bush and the Carlyle Group
Elizabeth
Weill-Greenberg
Her Son Was Told He Wouldn't See Combat; Now He's Dead: an Interview
with Sue Niederer
Brian
Cloughley
America is Committing War Crimes in Iraq
Saul
Landau
Democracy in Latin America: Great for Investors; Not So Good
for People
Brandy
Baker
Feminists Stand By Their Man: Abortion, Judges and Kerry
Randall
Robinson
Bushwhacked in the Caribbean
Uri
Avnery
The Rape of Rafah
Ben
Tripp
Assume the Worst
Bruce
Anderson
News from Ecotopia: the Truth About the Wine Business
Josh
Ruebner
Why I Burned My Israeli Military Papers
Peter
Wolson, Ph. D.
Exhibitionistic Revenge at Abu Ghraib
Chloe
Cockburn
In Defense of "Troy": What Hector Could Teach Rummy
Linda
Burnham
Sexual Domination in Uniform: an American Value
Adrien
Rain Burke
War of the Necrophiliacs: Spc. Sabrina Harman and Her Corpse
David
Krieger
Charting a New Course for US Nuclear Policy
Ron
Jacobs
Turnaround
Poets'
Basement
Ford, Albert & LaMorticella
May 21, 2004
Ray
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The Canards of the Apologists
Christopher
Brauchli
"The Object of Torture is Torture"
Amira
Hass
Darkness at Noon
Jack
McCarthy
Camilo Mejia: Can the Son of a Sandinista Get a Fair Trial from
the US Army?
Bill
Kauffman
Nader v. Bush
Omar
Barghouti
No More Tears for America
Ghali
Hassan
Moral Failure of the "Free World" in Gaza
Christopher
Reed
How the CIA Taught the Portuguese to
Torture
Website
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Kathy
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A Visit from the FBI
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Brown and Bored of Education in India
Tom
Stephens & John Philo
The War Crimes of Bush, Cheney & Co.
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Robert
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|
June
22, 2004
Saying
No to the Prosecutor
Why
Steve Kurtz's Colleagues Refused to Testify to the Grand Jury
By
BRUCE JACKSON
A death
and a taste of blood
Steve Kurtz's wife Hope died of a heart
attack May 11. Steve, an associate professor of art at University
at Buffalo, called 911. The police who came saw some of the
materials for an art exhibit on genetic modification and called
the FBI. The FBI came in, cordoned off half the block, confiscated
Hope's s body, Steve's computer, his notebooks, his art supplies
and their cat. They took him into custody. Two days later they
let him and the cat go and whoever had the wife's body released
for burial. There was no supposition of foul play in the death.
Kurtz is a member of the highly-regarded Critical Arts Ensemble,
a group that does confrontation art works designed to make people
think about the role corporations play in modern life.
Federal prosecutors subsequently
convened a grand jury, with Kurtz as its target, presumably
on charges of bioterrorism. To everyone who knows anything about
Kurtz, his associates or his work, this appears lunatic. But
this is John Ashcroft's Justice Department and it's only a few
months since they tasted blood in nearby Lackawanna.
FBI agents have been talking
to almost everyone connected with Steve Kurtz in any way, shape,
or fashion. They've interviewed museum curators in Massachusetts
and the state of Washington, colleagues in New York and California,
and students. Federal prosecutors have convened a grand jury
to go after Kurtz. There were reports last week that, on the
advice of counsel, Kurtz's two associates in the Critical Arts
Ensemble and five of the other six witnesses called by the grand
jury refused to testify.
Shouldn't
innocent people talk to anybody?
And that has led to a good
deal additional confusion. Someone asked us, "If they're
refusing to testify, they must be guilty, right?" Someone
else asked, "Why are his friends tossing him to the wolves
rather than helping him? Why don't they just go in there and
tell them he's innocent?" And another person, a research
scientist, asked, "Why wouldn't they want to go in there
and just tell them the truth? Get the truth out, that can't
hurt anybody."
The answer to the first question
is no, their refusal to testify has nothing to do with guilt
or innocence. The answer to the second question is, testimony
to the grand jury by other members of the CAE would not, in
all likelihood, be helping Steve Kurtz. And the answer to the
scientist is, "Grand juries aren't about truth, and you
don't control what you say in there anyway." You get to
answer only the questions the prosecutor wants you to answer.
Taking the
Fifth
You can refuse to testify if
there is a possibility that testimony will incriminate you in
a criminal procedure. The right to refuse to provide possibly
self-incriminating testimony is provided by the Fifth Amendment
to the United States Constitution which reads, in its entirety:
No person shall be held to
answer for a capital, or otherwise infamous crime, unless on
a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when
in actual service in time of War or public danger; nor shall
any person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just
compensation. (Emphasis added)
You cannot refuse to testify
because you might be divorced by your spouse or fired by your
boss. You cannot refuse to testify because your words might
incriminate your closest friend, your spouse, your child, or
someone you are certain is innocent. You cannot claim Fifth
Amendment protection for anyone but yourself. Members of certain
professions often claim an extension of Fifth Amendment protection
as a professional privilege: doctors with patients, priests
with penitents, journalists with informants, police with snitches.
These privilege claims are frequently challenged in court, but
nobody has successfully challenged a person's Constitutional
right to refuse to help the prosecutor fit and tie the noose.
In situations not protected
by the Fifth Amendment or some unchallenged privilege, the agencies
wanting testimony have options for trying to coerce it. By "coerce"
I don't mean by torture, as in Abu Ghraib, but through accepted,
legal, public means of coercion, such as fines or jail terms
for contempt. Ordinary courts have that power, legislative
committees may have such power if it is included in their authorization,
and grand juries have it.
Grand juries
Grand juries aren't neutral
bodies merely checking up on goings on in society. They are
instruments of prosecutors. It is a commonplace in the legal
profession that a federal or state grand jury will indict a
stick of firewood, a porkchop, a dead man, if only the prosecutor
requests an indictment.
Grand juries are not subject
to the rules of evidence that limit prosecutorial misbehavior
in criminal trials. Prosecutors can offer hearsay evidence and
evidence that was obtained illegally. They can keep exculpatory
evidence from the grand jury. The target of the grand jury hearing
cannot have an attorney in the room to say "That's a trick
question" or "You don't have to answer that"
or "The first part of what the prosecutor just said is
a bald-faced lie."
The product of a grand jury
isn't the truth. That, presumably, is the product of a petit
jury trial. The product of a grand jury is an indictment, and,
on the occasions when it is used by the prosecutor as an investigating
device, a report.
Grand jurors aren't bound to
do what the prosecutor asks, but it is very rare that they do
anything else. Grand juries have the power to go off on their
own, to look at things and incidents and people the prosecutor
didn't ask them to look at. Those are called "runaway"
grand juries and they are extremely rare. A 1999 Justice Department
study showed that 99.9% of defendants brought before a grand
jury were indicted.
The silence of the CAE
So why did the other two members
of CAE and five of the other six persons subpoenaed by the grand
jury refuse to testify?
Because the federal prosecutors
said they were "subjects" of the grand jury. No one
is quite clear what "subject" means in this context.
It is clear what "target" is: that's the guy they're
going after. Steve Kurtz is a "target" of this grand
jury. The attorneys for the other CAE members decided that "subject"
was close enough to "target" for them to protect their
clients' rights.
If the Justice Department had
said, "Oh, no, you're not of interest to us and you never
will be, it's only Kurtz we're trying to hang here," then
things would be different. If they were granted immunity, they
would have to testify, no matter how much they wished not to,
or they would risk a contempt conviction. But why should they
go into that hostile place without benefit of counsel, a place
where none of the usual laws of evidence and responsibility
and truth apply, and provide a prosecutor information with which
he might persecute them, just as he's persecuting Steve Kurtz?
Nobody outside of Ashcroft's
Justice Department knows what Ashcroft's Justice Department
is really up to here. Thus far, they've come up with nothing
other than Kurtz had some bottles marked e. coli_common stuff
in labs around any university, easily and legally obtained.
They knew that the first day they had him in custody. Perhaps
they are inflating this merely to make their own initial overreaction
to the confused call for help from the first responders seem
anything but foolish overkill. Neither threat of terrorism
nor passion for justice appears to have anything to do with
what is now going on. Maybe they're just doing it because they
can, because they have the power to do it.
And that is exactly why the
Founding Fathers wrote the Fifth Amendment: to protect us from
zealous government officials doing something to us just because
they have the power to do it. The Fifth Amendment is the people's
shield. The only inference that can be made when someone invokes
it is that the Constitution belongs to us as much as it does
to the policeman.
Bruce Jackson is SUNY Distinguished Professor and
Samuel P. Capen Professor of American Culture at SUNY Buffalo.
He edits the web journal Buffalo Report. He can be reached at:
bjackson@buffalo.edu
For more information:
CAE Defense Fund web site
"NY
Bioterror Case Grinds On," The Scientist, 17 June 2004
Federal Handbook for Grand Jurors
FindLaw annotations to the Fifth Amendment
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