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Pentagon Cartoons; Hollywood Fantasies into Political Policy; From Fort Wacky to Bitburg; Star Wars, the Enron of Its Day; Touching the Gipper's Hair; How Reagan Made Clinton by Alexander Cockburn; When Reagan Was King and AIDS Was Raging: Joking About the Terminally Ill by Larry Speakes and the White House Press Corps; Parallel Lives: Watt, Reagan and Brower: by Jeffrey St. Clair; Fortress Baghdad; Iraqi Fury by Patrick Cockburn; Troy, the Iliad and Iraq by Jeffrey St. Clair. In May, CounterPunch Online was read by over 20 million viewers! 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 (tax deductible) donation. If you find our site useful please: Subscribe Now!

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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 Close
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 of the Day
Eric Idle on the Bush Administration: Fuck You, So Very Much

 

May 20, 2004

Andrew Cockburn
The Truth About Chalabi

Kathy Kelly
A Visit from the FBI

Niranjan Ramakrishnan
Brown and Bored of Education in India

Tom Stephens & John Philo
The War Crimes of Bush, Cheney & Co.

Sam Bahour / Michael Dahan
Genocide by Public Policy

Robert Ovetz
Ending the Race for the Last Turtle

Billy Wilson
The Most Important Thing I Learned at School This Year

Website of the Day
Rafah Today

 

 

 

 

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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



Weekend Edition Features for 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

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