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Today's
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September 13,
2004
Gabriel Kolko
Elections,
Alliances and the American Empire
September 11
/ 12, 2004
Alexander Cockburn
Swatting
at Flies
Fred Gardner
Yet Another Prozac Scandal
Saul Landau
When Our Assassins Go Free
Jennifer Van Bergen
How to Beat Bush: a Simple Strategy for the Average American
Roger Burbach
/ Jim Tarbell
The Real Dead Enders: Iraq and the Crisis of Empire
Christopher Reed
9/11 in an Historical Context: a Minor Event When Compared to
Worldwide War Casualties
Francisc Catalin
An ABC of American Interventions
Carl Estabrook
Big Science and Government Terror
Bernard Chazelle
Anti-Americanism: a Clinical Study
Sharon Smith
Third Party Blues
Dave Lindorff
Perhaps This Time We're the Silent Majority
Mike Whitney
Fallujah: an Iraqi Beslan?
Frederick B.
Hudson
Their Sons Perished in the Flames, But Not Their Faith
Mickey Z.
Round Up the Usual Suspects: a Look Back at 9/11
Ron Jacobs
Redneck Music for the New Century
Greg Moses
Soap Opera Moments in Texas School Funding Trial
Benjamin Dangl
/ Andrew Kennis
An Interview with Leslie Cagan
Poets Basement
Del Papa, Albert, Gelman
September 10,
2004
Patrick Cockburn
Disappointment
at Samarrah?
Michael Donnelly
Democrats v. Democracy
Alan Farago
Mosquitoes in a Hurricane
Doug Giebel
Karl Rove's Terror Playbook
Mike Whitney
Bob Graham's Political Tsunami
David Domke
God's
Will, According to the Bush Administration
September 9,
2004
Joe Bageant
Karaoke
Night in Bush's America
Ed Kinane
Abducted in Baghdad
Peter Bohmer
The Cuban Revolution: Present and Future
Todd May
The Emerging Case for a Single-State Solution
Jeremy Scahill
The New York Model: Indymedia and the Text Message Jihad
Joshua Frank
Green House Party Gasses
Fran Shor
The Crisis in Public Dissent: When Protest is Considered a Terrorist
Act
Patrick Cockburn
Welcome
to the Dirtiest City in the World: Despair in Baghdad
Website of
the Day
Liberty Street Protest: No to War at Ground Zero
September 8,
2004
Patrick Cockburn
This
Doesn't Smell Like Victory: A War on Two Fronts in Iraq
Dave Lindorff
Bush Confuses; Kerry Mute: Spinning 1000 Dead
Bulent Gokay
Russian and Chechnia After Beslan
Lisa Viscidi
Land Reform and Conflict in Guatemala
Niranjan Ramakrishnan
Byrd's Eye View
Mike Whitney
Afghanistan: American's Drug Colony
Stan Goff
Body
Count: 1001
Website of
the Day
Bush and the Love Doctors
Sex,
Drugs & the Blues!
Serpents in the Garden
CounterPunch's
Sizzling New Book on Culture and Sex is Now Available
Click here to purchase
September 7,
2004
Diane Christian
Hostage Tactics: a Game of Mortal Poker
Joshua Frank
Greens
Unravel from Within
Patrick Cockburn
Fallujah
Erupts Again: US Death Toll in Iraq Nears 1000
Ron Jacobs
Bush and Putin: "We're Not Girlie Men"
Chris Floyd
Cry Havoc: Bush's Own Personal Janjaweed
Dr. Carol Wolman
No Blood for Oil at Paul Bunyan Day Parade
John Ross
The
Politics of Darkness North / South
September 6,
2004
Alexander Cockburn
An
Anti-Labor Day That Lives in Infamy: How Many Democrats Voted
For Taft-Hartley?
Ralph Nader
The
Cruel Legacy of Taft-Hartley: a Labor Day Call for Rights for
Working People
Lee Sustar
What's Driving the Attack on Pensions?
Kathleen and
Bill Christison
Dual
Loyalties: the Bush Necons and Israel
September 4-5,
2004
Alexander Cockburn
Elephants
and Gramsci
Ted Honderich
The
Way Things Are
Sasan Fayazmanesh
The
Holy Empire: Who We Are and What We Do
Douglas Valentine
What the World Should Know About Guantanamo
Patrick Cockburn
New Iraqi Police State Flexes Its Muscles
Gary Leupp
Neo Cons Under Fire
Fred Gardner
Pot Shots: the Hempstead T-Shirt
William A.
Cook
The
Day of the Lemming
Dave Zirin
Kobe Bryant and the Price of Freedom
John Chuckman
The Day the World Ended
Karyn Strickler
God Save the Endangered Species Act
Vanessa Jones
Bad Day with an Ikea Cup
Mike Whitney
Kerry: the "Better" War Candidate
Mark Donham
Dear John (Kerry): Start Explaining and Fast
Mickey Z.
McBypass Nation: Feeling Clinton's Pain
Alan Farago
Can the Everglades be Fixed?
Poets' Basement
Landau and Albert
September 3,
2004
Jeffrey St.
Clair
High
Plains Grifter: Jesus Told Him Where to Bomb
Rahul Mahajan
Bush's RNC Speech: an Annotated Response
Carl Estabrook
The
Book of Slaughter and Forgetting
Joshua Frank
The Florida of the Northwest: Oregon Dems Sabotage Nader Again
Gary Leupp
Music to My Ears: Sunday's March
James Hollander
Deja Vu in Manhattan: Assisted Political Suicide?
Mark Engler
Republicans
Among Us: a Week at the RNC, Inside and Out
Jesse Sharkey
Making Students and Teachers Pay for the Crisis in Education
Jane Stillwater
Calling the Cops on Your Own Kid
Stephen Green
Serving
Two Flags: the Bush Neo-Cons and Israel
September 2,
2004
Jeffrey St.
Clair
High
Plains Grifter: Part 3: More Pricks Than Kicks
Max Gimble
Et Tu, Menchu? Extrajudicial Killings and Clandestine Graves
in Guatemala
James Petras
President Chavez and the Referendum: Myths and Realities
Christopher
Brauchli
Bush and the Afghan Electoral Model: "If They Want to Vote
Twice, Let Them"
Todd Chretien & Jessie
Muldoon
Will the Democrats Expel Zell Miller?
Jack Random
Spite and Venom Day: the Turncoat and the Profiteer
Alan Maass
The Real Vietnam
Christa Allen
Contre Bush
Website of
the Day
[Redacted]
September 1,
2004
Alexander Cockburn
The
Stench of Doom
Kathleen and Bill Christison
Poor Larry Franklin
Dave Lindorff
Kerry's Litmus Test
Josh Frank
Protest in White: Not All of New York Rises Up
John L. Hess
Moles, Scoops and Flip Flops
Mike Whitney
Deconstructing Arnold
Jack Random
Kindergarten Night at the RNC
Andrew Wilson
War on the Pachyderms: Why Do Elephants Hate Us?
Jeffrey St.
Clair
High
Plains Grifter: Part Two: Mark His Words
August 31,
2004
Joseph Nevins
Escapism
and Global Apartheid: The Dominican Republic & the NYTs
Matt Vidal
Beyond
Bush's Rhetoric on the Economy
Neve Gordon
Kerry and the Middle East
Dave Lindorff
Bush
the Peace Candidate?
Mike Whitney
NPR Leads the Charge for War Against Iran
Jack Random
Opening Night: Playing the War Card
Jeffrey St.
Clair
High
Plains Grifter: the Life and Crimes of George W. Bush (Part One)
CounterPunch Photo of the Day
Pete Seeger in NYC
August 30,
2004
Justin Podhur
The
Disappeared Mayor
Shaun Joseph
The
Hypocrites at TheNaderbasher.com
Mike Whitney
Israeli Moles in the Pentagon: What More Could They Possibly
Want?
Ron Jacobs
Live, From New York: the Majority of Protesters Claimed No Candidate
David Lindorff
Sunday in Manhattan: the Sound of Marchin', Chargin' Feet, Boy
Dave Zirin
USA Basketball: The Team White America Loved to Hate
Sam Husseini
Israeli Spying on the US: a Long History
August 28 /
29, 2004
Alexander Cockburn
Zombies
for Kerry
Patrick Cockburn
Najaf Ceasefire Good for Iraq, But Weakens Allawi and US
Ray McGovern
Blowing Smoke on Intelligence
Dr. Juan Romagoza
From El Salvador to Abu Ghraib: Reflections of Torture Survivor
Ray Hanania
An Israeli Spy in the Pentagon? Ridiculous!
Fred Gardner
Eddie Lepp Busted by DEA: Facing Life for Growing Medical Pot
Diane Christian
Big Men: the Better Leader Lets You Live
William S. Lind
The Desert Fox
Paul D'Amato
The Left Takes a Dive for Kerry
Joshua Frank
Greens at the Crossroads
Mickey Z.
Media Declares War on Anti-War Protests
Winslow T. Wheeler
Sen. McCain's Pork Chops: an Exchange
Justin E.H.
Smith
The New Age Racket and the Left
Thomas St. John
Burning Slaves at the Stake: On "Sinners in the Hands of
an Angry God"
Ali Tonak
Help the NYPD?
Mark Engler
New York Says "No"
Justin Felux
Haiti: the Attica of the Americas
Poets' Basement
Gelman, Albert, Ford and Hamod
August 27,
2004
Gary Leupp
Neocon
Musings
Robin Cook
The
Ghosts of Abu Ghraib
Diane Christian
Disarming
Michael Donnelly
Situational Democracy: the Show Me the Green Party?
Jack Random
4F and Other Heroes: an Army of War Resisters
Mike Ferner
"To the Swift Boats!"
Mazin Qumsiyeh
7000 Palestinian Political Prisoners
Veronza Bowers, Jr.
"You Won't Be Leaving Tomorrow"
August 26,
2004
M. Shahid Alam
The
Clash Thesis: a Failing Ideology?
Diane Christian
War
Rules: Bush is No Sun Tzu
Derek Seidman
"They're As Bad As Wal-Mart:" Starbucks Workers Get
Organized
David Lindorff
Court to RNC Protesters: Drop the Rally
Christopher
Brauchli
Signs of Dissent: the Bush in the Bubble
Stew Albert
Reporting Suspicious Activity
Mark Donham
Judgement in Athens: Give the Koreans Their Day in Court
Saul Landau
Pinochet:
the Al Capone of the Southern Cone
Website of
the Day
The Kerry 527 Ad You'll Never See
August 25,
2004
Amelia Peltz
Can
I Have 9.8 Seconds of Your Time?
Noah Leavitt
Defining and Redefining Torture
Ron Jacobs
Takin' It to the Streets: It's Not About the Election, It's About
Democracy
James Brooks
Coronado Crosses the Jordan
Akiva Eldar
How to Win the Jewish Vote: Turn Gaza into a "Mini-Afghanistan"
Gemma Araneta
Chavez's New Brand of Populism
Philip Cryan
Uribe's Boys: the Death Squads of Colombia
CounterPunch Wire
Cheney Opens the Closet Door
August 24,
2004
Jeremy Scahill
John
Kerry: the Warchurian Candidate
Gary Leupp
"We
Want Them to Go Away"
David Domke
God
Willing: an Echoing Press and Political Fundamentalism
William Loren Katz
The Meaning of Hugo Chávez: Black and Indian Power in
Venezuela
Jonah Gindin
With Chavez? Reading the International Private Media
Fran Schor
Denying Atrocities: From Vietnam to Fallujah
Joe Bageant
Driving
on the Bones of God
Website of the Day
The Great America Lockdown: a Primer for the RNC
August 23,
2004
Winslow Wheeler
Don't
Mind If I Do: Porkbarrel and the War on Terror
John Pilger
Bush
May Be the Lesser Evil
Stan Goff
Swift
Boat Dogfight
Bill and Kathleen
Christison
Notes
from the West Bank: Build, Demolish, Rebuild
Mike Whitney
The Unraveling of Afghanistan
William Blum
Brave
New World of Iraqi Sovereignty
Ralph Nader
A Letter to the Washington Post: a Shameful and Unsavory Editorial
August 21 /
22, 2004
Cockburn /
St. Clair
"They
Want Blood:" The Bi-Partisan Origins of the Total War on
Drugs
Landau / Hassen
Failing
the Mission? Form a Commission
Brian Cloughley
The
Bush Team in Iraq: Moral Cowardice, as Practiced by Experts
Josh Frank
Nader as David Duke? The ADL Wants You to Think So
Mike Whitney
Reincarnating Mengele: the Torture Doctors of Abu Ghraib
Ron Jacobs
Day Labor Blues
Mickey Z.
Shooting at Whales: 40 Years After Tonkin
Fred Gardner
Dr. Wolman Comes Out: The Cannabis Consultants
Dave Zirin
Uprising in Athens: Iraqi Soccer Team Gives Bush the Boot
Josh Saxe
Witnessing Police Brutality in LA
Yanar Mohammed
Letter from Baghdad: a Democracy of Killings and Bombings
Helen Williams
Ali's Story: a Taste of Reality from Baghdad
Michael Donnelly
Elemental and NaturalForests, Fire and Recovery
Elizabeth Schulte
The Crisis in Affordable Housing
Poets' Basement
Adler, Albert, Virgil, Ford and Krieger
Hot Stories
Alexander Cockburn
Behold,
the Head of a Neo-Con!
Subcomandante
Marcos
The
Death Train of the WTO
Norman Finkelstein
Hitchens
as Model Apostate
Steve Niva
Israel's
Assassination Policy: the Trigger for Suicide Bombings?
Dardagan,
Slobodo and Williams
CounterPunch Exclusive:
20,000 Wounded Iraqi Civilians
Steve
J.B.
Prison Bitch
Sheldon
Rampton and John Stauber
True Lies: the Use of Propaganda
in the Iraq War
Wendell
Berry
Small Destructions Add Up
CounterPunch
Wire
WMD: Who Said What When
Cindy
Corrie
A Mother's Day Talk: the Daughter
I Can't Hear From
Gore Vidal
The
Erosion of the American Dream
Francis Boyle
Impeach
Bush: A Draft Resolution
Click
Here for More Stories.
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September 13, 2004
The War on
Civil Liberties
How
Bush's Anti-Terror Laws Threaten Individual Rights
By
NOAH LEAVITT
Last
week, our nation somberly marked the third anniversary of the
devastating attacks against New York and Washington D.C. In the
three years since 9-11, America has, thankfully, not suffered
a second terrorist attack.
Members of the Bush Administration
-- especially Attorney General John Ashcroft -- have claimed
that this is proof of the success of their anti-terror laws,
and proof that extending and expanding these laws will make us
even safer. Indeed, at the Republican convention, high-level
politicians said that Congress must not only reauthorize, but
strengthen such legislation.
But even if the laws are effective--and
a very strong case can be made that they are not -- can we afford
the civil liberties cost? In her new book, The
War Against Civil Liberties, Elaine Cassel reminds us how
much the legal landscape has changed in this short period.
Indeed, Cassel argues that
the past three years have altered America's constitutional order
such that we may never again be able to enjoy the broad individual
rights and presumptions that were the hallmark of our laws before
9-11. The Executive Branch, she persuasively contends, will never
give up the power it has been given--and curtailment of our liberties
will continue to expand, sweeping in broader and broader sections
of the population.
Cassel, an attorney and author,
is known for her
popular blog and CounterPunch articles covering the Justice
Department, federal judiciary and Executive Branch. In less than
200 pages--one afternoon of reading--her timely book provides
a sweeping yet nuanced look at how our constitutional rights
have been drastically diminished since 9-11.
In her book, Cassel has neatly
woven three years of national and international media coverage
into a series of manageable examples -- examples that allow the
reader to quickly grasp her larger critical arguments. Cassel
skillfully connects individual news stories to a much broader
historical context.
Cassel's writing is informative
and accessible while still being scholarly, making the book appropriate
for both lawyers and non-lawyers--as well as for both newshounds,
and those new to these discussions.
The War
Against Civil Liberties: The Legal Background
Cassel both explains and critiques
the major laws at issue in the War on Terror: The 1996 Antiterrorism
and Effective Death Penalty Act; the USA PATRIOT Act of 2001,
and the Homeland Security Act of 2002. She demonstrates how these
laws, especially viewed together, drastically undermine the Bill
of Rights--shifting tremendous amounts of power to the Executive
branch, severely compromising the American system of checks and
balances.
Cassel also adeptly chronicles
and comments on federal courts' rulings in a number of terrorism
prosecutions--including the problematic cases of Zacarias Moussaoui,
John Walker Lindh, and alleged terrorist cells in Lackawanna,
Detroit, Portland, Seattle and Alexandria. She contends that
in such cases, the courts have allowed violations both of the
Fourth Amendment--which limits warrantless searches and seizures--and
the Sixth Amendment, which guarantees a fair trial.
In addition, she focuses on
two cases involving American attorneys -- Lynne Stewart and Jesselyn
Radack. Both have been targeted by the Justice  Department.
Stewart allegedly aided communications
by the terrorists she represented. But her attorney contends,
and Cassel believes, she is really being persecuted for that
representation itself.
Meanwhile, Radack spoke out
against the infringement of John Walker Lindh's constitutional
rights, while she was at the Department of Justice--contending
that his interrogation violated his Fifth Amendment right against
self-incrimination. Her conscientious was punished.
The War
Against Several American Citizens
In particular, Cassel focuses
on the two famous "enemy combatant" cases that involve
American citizens--Hamdi and Padilla. As Cassel
explains, in practice the enemy combatant designation means solitary
confinement in a brig without access to counsel or the outside
world, and increased likelihood of being deported or even facing
the death penalty. Often, Cassel notes, DOJ will use "enemy
combatant" status as a threat against even those defendants
for whom it never ultimately seeks such status.
Analyzing these cases, Cassel
finds that the Ashcroft Justice Department has followed a predictable
pattern: It makes dramatic, highly public allegations that distort
the facts. It then accepts pleas to lesser charge, in exchange
for prison sentences that are unusually harsh for those lesser
charges. Then it claims credit for "winning the war against
terrorism."
(With Yaser Hamdi, it seems,
the pattern is a new one: Imprison a citizen for years, claiming
he is an intense security risk. Then agree to his deportation
to the country where he grew up, Saudi Arabia--without admitting
you were wrong about the risk he posed.)
The War
Against Muslims and Arabs--and Their Charities
Recently, it was reported that
the U.S. Census Bureau at least twice gave demographic data about
Arabs living in the United States, including their zip codes
and nations of origin, to the Department of Homeland Security.
Plainly, this is an Administration that believes in racial profiling--to
say the least.
While Cassel's book went to
press long before this development, this recent news fits well
with her contentions regarding the Administration's treatment
of Muslims and Arabs.
As Cassel noted, more than
13,000 Arabs and Muslims have been detained and deported since
9-11. Often, they were not charged with any offense, their families
were not informed, and they were denied access to counsel. And
not a single one has been charged with an act of terror.
Even the DOJ's own Inspector
General's report was highly critical of this racially tainted,
dragnet justice (as Anita Ramasastry explained in a column for
this site.) Yet as Cassel notes, rather than apologizing, Ashcroft
proudly told Congress two days after the report was released
that he would do it all again.
Cassel reviews a series of
cases where the Bush government has closed Islamic charities.
Again, however, this has been a very problematic exercise.
For example, as the staff of
the independent 9-11 panel recently determined, the Bush administration's
shutdown of two Chicago-area Islamic charities has not produced
a single terrorism-related criminal conviction--despite a harsh
civil liberties cost.
Unfortunately, Cassel's book,
while rightly sensitive to the plights of Muslims and Arabs,
seems at times to buy into the kind of damaging sweeping conspiracy
claims that greatly harm Jews. She complains, for instance--without
any citation -- that those with Palestinian heritage are being
targeted "at a time when support of Israel is second only
to the war on terrorism in the administration's foreign policy
agenda."
In addition, Cassel approvingly
quotes individuals who share this perspective -- and this lack
of citation. For instance, she quotes an attorney who in a 2003
speech "noted that for ten years, Muslims have been under
fire because of the Zionist lobby." (Emphasis added). In
generally, Cassel seems to uncritically accept comments linking
Muslim misfortune to groups that are possibly allied with Israel.
To do so is wrong--and beneath
a writer who in her book is so rightly focused on the importance
of assessing individuals' personal responsibility--or in many
cases, lack thereof -- for harmful activity. Jews are a section
of the population that has historically known what it means to
be targeted for persecution during times of great social stress.
When Muslims suffer parallel persecution--as they are in America
today -- Jews should never be assumed to be somehow at fault.
A War Without
End?
The War Against Civil Liberties
concludes by arguing that the war against terror--far from being
"winnable," will be a war without end. Noting that
terrorism is a concept, a tactic, and not an enemy--and thus
can never be fully vanquished--Cassel also aptly notes how terrorism
is being radically redefined and expanded. She argues, too, that
such redefinition means there will be no end to the narrowing
of our civil liberties.
In particular, Cassel argues
that the term "terrorist" is coming to mean "someone
with whom the U.S. government disagrees." She provides an
alarming list of individuals who have been charged with crimes
of "terrorism" that were anything but. They range from
a producer of methamphetamine in North Carolina, to the Beltway
snipers in suburban Virginia, to a woman on a Hawaii-bound cruise
ship who left threatening notes for her boyfriend.
Cassel also describes how the
USA PATRIOT Act has been used for obviously non-terrorist crimes.
It has supported a subpoena of records in a Las Vegas bribery
and racketeering case. It has been used to prosecute a scientist
at Texas Tech University who lied about missing vials of bacteria.
Cassel predicts that not only
law enforcement, but surveillance as well, will expand as the
definition of terrorism bloats to encompass more and more. She
cites a number of current examples: Banks are now required to
collect more information about people opening deposits; the FBI
is increasing monitoring of the Internet; Congress has authorized
more control of academic institutions receiving federal funding
concerning international topics; and a variety of data mining
programs have been created to look for patterns of behavior that
the programs' creators believe may point to terrorist threats
in our society. (In columns for this site, Anita Ramasastry has
commented on a number of these programs.)
Civil Liberties
Should Be A Crucial Election Issue
President Bush told Republican
convention-goers last week that we can win the war on terror
by making preventive, preemptive strikes -- including preventive
strikes on Americans and people living in America whom the government
claims have ties to terrorists.
But Cassel's book adeptly shows
how doing so may lead to a loss of the very values that have
made the U.S. a model of freedom around the world. Her book should
be required reading for every American in this coming election
season.
Last week, Bush signed an Executive
Order creating the "President's Board on Safeguarding American's
Civil Liberties." Yet, within hours, critics strongly urged
Congress to reject this suggestion, comparing it to a fox guarding
a henhouse. The ACLU argued that the board -- as proposed --
would be comprised only of the government officials it is meant
to oversee, would have no investigative authority, and would
be utterly beholden to the White House. Ultimately, it would
likely act as an expansion of--not a constraint on--Executive
power.
Our society is torn in two
by a deep schism over how much our rights can be infringed, and
how much power the Executive branch can expand to assume control.
Cassel's book offers a valuable guide to these issues--and a
passionate argument for favoring the civil liberties that are
now under fire.
Noah Leavitt, an attorney, is the Advocacy Director
for the Jewish Council on Urban
Affairs. The views expressed here are his alone. This article
originally appeared on Findlaw's Writ.
Leavitt can be contacted at nsleavitt@hotmail.com.
Weekend
Edition Features for August 7 / 8, 2004
James Petras
The
Anatomy of "Terror Experts": Meet the Mandarins of
Abu Ghraib
Fred Gardner
Run
Ricky Run: Football, Pot and Pain
Justin Delacour
Anti-Chavez Pollsters Panic: Fix Numbers; Reinvent Venezuela
Brian Cloughley
Persecuted by All; Supported by None: Who Would Be A Kurd?
Joshua Frank
The
Outsider: a Talk with Ralph Nader
Iain A. Boal
On "Shame": Warmed-Over Orientalism and Racist Projection
Chris Floyd
All About Eve: Open Season on Women in DC and Rome
Andrew Fenton
Fighting for Democracy and Justice in Haiti
Aseem Shrivastava
Saga of an Anguished Afghan
Neil Corbett
See Cuba: Sometimes a Cigar is Just a Cigar, Mr. Bush
Carol Miller
/ Forrest Hill
Rigged Convention; Divided Party: How David Cobb Won with Only
12% of the Vote
Tarek Milleron
Breaking the Principled Voter
Donald Macintyre
The
Battle of Najaf
Ron Jacobs
Spirits of The Dead: Why I Love My Petty Bourgeois Tendencies
Mickey Z.
Kid
Gavilan's Grave: Propaganda Scores a TKO
Poets' Basement
Adler, Ford and Albert
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