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SHOULD SCOOTER LIBBY'S LAWYER BE DISBARRED?

Law school dean Lawrence Velvel says, Maybe he should, if he sat idly by while client Libby spouted lies. What lies at the core of Zionism? Michael Neumann tortures Alan Dershowitz, without a warrant! "Sex-mad adulterer from British aristocracy claims to have 'revolutionized' philosophy." Yes, Bertrand Russell, they mean you! Alexander Cockburn on Smearing 101 in the British press. Get the answers you're looking for in the subscriber-only 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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Today's Stories

December 7, 2005

Jeremy Brecher / Brendan Smith
Bush War Crimes: the Posse Gathers

December 6, 2005

Ron Jacobs
No One is Illegal; No One is an Infidel

Patrick Cockburn
Inside Saddam's Trial: Tales of the Human Meat Grinder

Yifat Susskind
Death, Politics and the Condom: African Women Confront Bush's AIDS Policy

Mike Whitney
How Greenspan Skewered America

Pat Williams
Public Land Should Stay Public

Paul Craig Roberts
Condi to Europe: Trust Us

Website of the Day
Debunking Woodward

 

December 5, 2005

John Walsh
The Lies of John Edwards: What Did the Democrats Know and When Did They Know It?

Brian Cloughley
The Poor Dead: the Relative Value of Human Lives

Mokhiber / Weissman
The Corporate Crime Quiz

Robert Jensen
How Big Money Eviscerates the First Amendment

Norman Solomon
Hidden in Plane Sight: US Media Ignores Iraq Air War Plan

Peter Rost, MD
An Open Letter to the Justice Department: Pfizer May Have Violated Federal Laws When They Fired Me

Lila Rajiva
The Torture-Go-Round: CIA's Rendition Flights to Secret Prisons

Website of the Day
National Day of Counter-Recruitment


December 3 / 4, 2005

Alexander Cockburn
The Revolt of the Generals

Lawrence R. Velvel
Iraq, Brains and Lies

Rev. William Alberts
The Forgotten Christmas Story: Saying No to King Herod

Saul Landau
Latino Troops Have Parents

Ralph Nader
Consumerama

Paul Craig Roberts
Don't Confuse the Jobs Hype with the Facts

Mike Whitney
Blood Feast: Celebrating Executions in America

Allan Lichtman
The DeLay Scheme: Blatantly Buying Our Government

Dave Lindorff
A Sudden Rush for the Exits?

Brian Concannon, Jr.
Haiti's Elections

Fred Gardner
Oregon NORML Honors Growers

Manuel Garcia, Jr.
On Freeing the CPT

Carol Wolman
Remembering the 60s

St. Clair / Vest / Walker / Pollack
Playlist: What We're Listening to This Week

Poets' Basement
Albert, Engel and Orloski

Website of the Weekend
Free the CPT

 

December 2, 2005

Stan Goff
An Open Letter to Congress from a Veteran and Military Dad

Mike Ferner
Beware Iraqization: Melvin Laird, Vietnam and Christmas Bombings Over Baghdad?

Christopher Brauchli
Bush's Constitutional Kamikazes: Padilla's No-Win Dilemma

Niranjan Ramakrishnan
Questions for the President

Manuel Talens
The Chávez Theorem

Peter Phillips
Death By Torture: Media Ignores the Hard Evidence

J.L. Chestnut, Jr.
Alabama's Taliban: Judge Roy Moore, Preachers and Dixie Hypocrisy

Website of the Day
Support the Hampton University Peace Activists!

 

December 1, 2005

John Walsh, MD
The God Gaps

Ron Jacobs
Hard Rain: Toward a Greater Air War in Iraq?

Jenna Orkin
EPA's Latest Betrayal at Ground Zero

Joshua Frank
Howard Dean's Blunt Message: Forget Palestine

Tiffany Ten Eyck
Rank and File Resistance to Delphi

Missy Comley Beattie
Home on the Range: Where the Fear and the Animus Play

Eli Stephens
The Reed and Kerry Show

Elaine Cassel
A Government Game of "Gotcha" with Jose Padilla

Website of the Day
Rare Erotica

 

November 30, 2005

Allen / D'Amato
Incident at Oglala 30 Years Later: the Long Struggle of Leonard Peltier

Mike Whitney
The Cheerleader at Annapolis

Kevin Zeese
The Hallucinations of Joe Lieberman

Norman Solomon
Colin Powell: Still Craven After All These Years

Ramzy Baroud
Sharon's New Party

Dave Lindorff
What Happened to All Those Bush/Cheney Bumperstickers?

Stephen Soldz
Mental Health Workers in Iraq

 

November 29, 2005

Phil Gasper
Live from Death Row: an Interview with Tookie Williams

Behzad Yaghmaian
The Ghost of Sangatte

Joshua Frank
Jack Abramoff's Bi-partisan Sleaze

Walter A. Davis
Life on Death Row: a Monologue

Gary Leupp
Bush the Dupe?

Len Colodny
Woodwardgate: Still Protecting the Rightwing

Jeffrey St. Clair
The Duke and the Enterprise: Randy Cunningham's Crash Landing

Bill Quigley
Human Rights Leaders Call for Release of Haiti's Political Prisoners

Website of the Day
Watch Chomsky vs. Dershowitz Live, Tonight at 7PM, EST!

 

November 28, 2005

Chris Reed
The "Bomb Al Jazeera" Documents Trial

David Isenberg
Cooked Intelligence: the Dog that Didn't Bark

Ron Jacobs
Contraindications: a Review of Blood on the Border

Norman Solomon
The Woodward Scandal Must Not Blow Over

Justin E.H. Smith
Schwarzenegger's Curious Power

Mickey Z.
Abbie Hoffman at 70: Steal This City

Mike Whitney
The Pentagon's Domestic Spying Operation

David Swanson
Is Impeachment an Election Issue?

Paul Craig Roberts
The Grave Threat of the Bush Administration

Website of the Day
"Don't Bomb Us!": a Blog by Al Jazeera Staffers

 

November 26 / 27, 2005

Alexander Cockburn
How the Democrats Undercut John Murtha

Saul Landau
Who We Are: Torture and the Empire

Ralph Nader
Junk Television: Excluding Voices That Save Lives

Brian Cloughley
What Are They Dying For?

John Ross
When a Language Dies

Gary Leupp
The Nepal Pact

Fred Gardner
Dr. Denney Goes to Arkansas

Christopher Brauchli
Compassion for Corporations: Northrup Grumman and Katrina's Victims

Dave Lindorff
US War Crimes List Keeps Growing

P. Sainath
See, Neoliberalism Really Works: Net Worth of India's Billionaires Soars!

Timothy J. Freeman
The Price of Freedom

Lila Rajiva
Of Mice, Men and GM Peas

Eric Ruder
Beat the Needle: Saving Tookie Williams

Seth Sandronsky
Working Toward Whiteness: an Interview with David Roediger

Joaquin Bustelo
What Really Happened at Mar del Plata

Lewis Alper
Is the President's Soul in Jeopardy?: an Evangelical Christian Looks at Bush's Skull and Bones Initiation

Will Youmans
In Search of Paradise

Phyllis Pollack
The Stones' Rough Justice in Bush Time

St. Clair / Vest
Playlists: What We're Listening to This Week

Barbara LaMorticella
Poetry and the City of Ideas

Poets' Basement
LaMorticella, Buknatski, Engel, Albert and Davies

Website of the Weekend
NLR: The Chequered Rainbow

 

 

November 25, 2005

David Price
How US Anthropologists Planned "Race-Specific" Weapons Against the Japanese

Brian McKenna
Will Bush Miss the Next Bhopal?

Jeff Halper
Peretz or Bust?

Ray McGovern
Will the US Seize the Opportunity for Troop Withdrawal?

Leigh Saavedra
Thanksgiving at Camp Casey

Ingmar Lee
How Have the Mighty Fallen?

Website of the Day
Saving Cathedral Grove

 

November 24, 2005

James Petras
How to Think About War and Peace

Bob Shirley
Thanksgiving Torture: What the Puritans Fled

Mike Fox
Torture Survivors Speak for Themselves

Niranjan Ramakrishnan
Adrift? Perhaps. A Draft? Never!

Greg Moses
Thanksgiving Delayed: TX High Court Blesses Inequality

Alexander Cockburn
Turkeys in the Larger Scheme of Things

 

November 23, 2005

Ramzy Baroud
The Great Gaza Border Deal: What Does It Mean?

Mike Whitney
Bush, Padilla and Thomas More

Stan Cox
Red, White and Blue Dawn: What a Bad Hollywood Film Can Teach Americans About Life Under Occupation

Linda S. Heard
Targeting Al Jazeera

November 22, 2005

Kevin Gray / Mike Hersh
Maxine Waters, the Real Leader of the Anti-War Caucus

Ralph Nader
What Do Dems Stand For?

Michael Donnelly
The "Vetting" of Bernard Kerik

Mike Ferner
The CIA's "Torture Taxi" in the Spotlight

Pierre Tristam
The Justice Deficit

Marshall Auerback
Bush's "Compassionate Conservativism": Neither Compassionate Nor Conservative

Website of the Day
I Don't Like Geldof

 

November 21, 2005

Mike Marqusee
Clinton's Hypocrisies on Iraq

Josh Frank
Democratic Hawks: the Avian Flu of the Antiwar Movement

Mike Whitney
Hugo Chavez vs. the King of Vacations

Norman Solomon
Getting Out of Iraq

Russ Baker
Woodward's Weakness

Robert Jensen
A National Day of Atonement

Paul Craig Roberts
Lies and Official Secrets

 

November 19 / 20, 2005

Fred Gardner
The Raid on MendoHealing

Rep. Cynthia McKinney
The House GOP Has Done a Heinous Thing: Stop Playing Politics; Get the Troops Out Now

Ron Jacobs
A Pathetic Congress: If It Walks and Talks Like a Withdrawal Resolution, Why Won't You Vote For It?

David Vest
The Politics of Surrender: It's as American as Robert E. Lee

J.L. Chestnut, Jr.
Condi Rice's Disdain for the Civil Rights Movement

John R. Bomar
Staying the Course on "Freedom's Frontier": a Vietnam Vet on Iraq

John Ross
The Dragon Flies High, But Not Over Mexico

Phillip Cryan
Colombia: "Political Kidnapping" and Murder in Cauca

Dave Lindorff
RIP In These Times

Dick J. Reavis
The Future of the Daily Press

Jeremy Scahill
Vegetarian Between Meals: This War Can't Be Stopped by a Loyal Opposition

Dan Wright
Cleaning Up Alaska's Scan Bay

John Stanton
Scowcroft Talks Turkey; Edmounds Fights Fascism

St. Clair / Vest / Walker
Playlist: What We're Listening to This Week

Phyllis Pollack
The Stones: Rarities

Dr. Susan Block
Our Night of Weimar Love

Poets Basement
Albert, Engel, Ford, Harley and Louise

 

November 18, 2005

Michael Neumann
The Palestinians and the Party Line

Dave Lindorff
Murtha and the L Word

Michael Donnelly
Black November 15

Mark Chmiel / Andrew Wimmer
Uncrucify Them

Don Monkerud
A Decent Workplace

Tom Kerr
Grant Clemency to Tookie Williams

Trish Schuh
Faking the Case Against Syria

 

November 17, 2005

John Walsh
A Fractured Anti-War Movement

Rep. John Murtha
Iraq Must Be Freed from the US Occupation

Brian J. Foley
We Are All In GITMO Now

CounterPunch News Service
Guardian Apologizes to Chomsky; Publishes Total Retraction of Brockes' Slurs

Dave Lindorff
In Post-Saddam Iraq, There are No Civilians

Mark T. Harris
Coming Out in an Up-and-Coming Sport

Cockburn / St. Clair
From Reporter to Courtier: the Decline of Bob Woodward

 

November 16, 2005

John F. Sugg
Al-Arian Speaks: In His First Interview Since the Trial Began, Al-Arian Talks About What the Jury Didn't Hear

Noam Chomsky
Putting Out the Englightenment

Dave Lindorff
Shake and Bake: Pentagon Admits Using Phosphorous Bombs on Fallujah

Evelyn Pringle
Laurie Mylroie's War

Sam Husseini
Trying to Look a Female Suicide Bomber in the Eye

Pierre Tristam
Toturers' Theater

Greg Bates
Waffling Alito Charms DiFi

Farrah Hassen
Moustapha AkkadDavid Lean of the Middle East Killed in Amman Blast

Bill Christison
Evidence Mounts That Bush Wants New Wars

Website of the Day
Violent Oscillations

 

November 15, 2005

Todd Chretien
My Evening in the No Spin Zone; Or Why Bill O'Reilly Hates San Francisco

Leah Caldwell
Death of the Jailhouse Press

Frederick Hudson
Rosa's Wreath: Miss Parks and Robert Williams

Harry Browne
Bush-Linked Judge Bows Out: Another Mistrial in Irish Ploughshares Case

Jason Leopold
Secret CIA Testimony: Iraq Posed No Threat

Ingmar Lee
Logging Lackies vs. Canada's Most Endangered Species

Diana Barahona
Showdown on the Silver Coast

Tom Andre
New Orleans, Two Months Later

Website of the Weekend
Ernest Crichlow: 1914-2005

 

November 14, 2005

Diana Johnstone
The Origins of the Guardian's Attack on Chomsky

Paul Craig Roberts
Power Over All: Unlimited Detentions and the End of Habeas Corpus

Conn Hallinan
Provoking Syria: Cambodia All Over Again?

Joshua Frank
Off She Goes: Hillary in Israel

Christopher Reed
The Persistence of Racism in Koizumi's Japan

 

November 11 / 13, 2005

Alexander Cockburn
First the Lying, Then the Pardons

Gwyneth Leech
Cross Connections: a Painter Reimagines the Passion of Christ in the Wake of Abu Ghraib

Elmas Mallo
Chillin' in the Blazin' Texas Sun: Inside the Texas Prison System

Michael Neumann
The Rebel King of Bluegrass: Jimmy Martin, an Appreciation

Saul Landau
Leakgate: the Screenplay

Sam Husseini
Bush and Zarqawi Bomb Because We Let Them

Brian Cloughley
Sleaze, Deceit and Torture

Ron Jacobs
Rep. McGovern's Withdrawal Resolution: a Step in the Right Direction?

Lila Rajiva
Dover Bitch: the Curses of Pat Robertson

Michael Donnelly
Hypocrisy Watch

Joe Allen
Murder in El Salvador: Who Killed Gilberto Soto?

Roland Sheppard
Lessons from the Montgomery Bus Boycott

Justin E.H. Smith
Another Monkey Trial?

Ben Tripp
The Cost of War

St. Clair / Vest
Playlists: What We're Listening to This Week

Poets' Basement
Jones, Louise, Ford, Smith, Albert and Engel

Website of the Weekend
Iraq Vets and Against the War Need Your Help!

 

 

November 10, 2005

Peterside, Ogon, Watts and Zalik
Delta Blues Again: Ken Saro-Wiwa, 10 Years Gone

Pat Williams
Will Alito Cost the Republicans the Senate?

Steve Higgs
Bush Crony Targets Indiana's Forests: 400% Hike in Logging

Jimmy Massey
Is Ron Harris Telling the Truth?

Lucson Pierre-Charles
Haiti: Insanity Takes Over

Anthony Newkirk
Syria in the Crosshairs

Lawrence R. Velvel
Why Did Libby Lie?

Website of the Day
Imperial Margarine

November 9, 2005

Gary Leupp
The Niger Deception / Plame Affair: an Incomplete Chronology

Tariq Ali
Blair Defeated on Terror Laws

Chris Floyd
The Philosopher's Stone

Elaine Cassel
The Shocking Trial of an American Citizen: the Case of Ahmed Abu Ali

Joshua Frank
Sen. Max Baucus's NASCAR Pay Day

Alison Weir
Memo to Jon Stewart: Glad You're Against Torture, So Why'd You Give Israel a Pass?

Diana Johnstone
Rage in the Banlieue


November 8, 2005

Paul Craig Roberts
Still No Jobs

Roger Burbach
Bush v. Chavez: the Imperial President Meets the Bolivarian Democrat

Ron Jacobs
An Interview with Behzad Yaghmaian on the Paris Uprising

Ralph Nader
"The Worst Marketed Disease on the Planet"

Jim McGrath
Voter Beware: a Cautionary Tale for Election Day

David Bloom
McCain, Israel and Torture: Setting the Record Straight

Stan Goff
Jimmy Massey, Ron Harris, and Ambush Journalism

 

November 7, 2005

Dick Reavis
The Origins of Mr. Danger

Jason Leopold
Cheney and the Cover Up: the Vice President Lied

Dave Lindorff
What Country was Bush Talking About?

Eli Stephens
A Tale of Two Generals: the Lies of Colin Powell

David Swanson
The Bush-Cheney Ethics Refresher Course: a Syllabus

M. Junaid Alam
An Interview Stan Goff

Matt Reichel
Paris Uprising: a Rebellion in Real Time

Naima Bouteldja
Paris is Burning

Jeff Halper
Israel as an Extension of American Empire

Website of the Day
Dispatches from Paris

 

November 5 / 6, 2005

Alexander Cockburn
Storm Over Brockes' Fakery: Guardian Fabricates Chomsky Quotes

Lawrence R. Velvel
Lying, Law Schools and Executive Power: What Senators Should Ask Alito

Diana Johnstone
Srebrenica: a Response to Certain Criticisms of My Essay

Roosa / Nevins
The Mass Killlings in Indonesia, 40 Years Later

Niranjan Ramakrishnan
Missing the Bus: When Conscience Bows to Calculation

John Ross
The Zapatistas' Otra Campaign for Mexico's Presidential Elections

Mike Whitney
Globalizing Sadism: the United States of Torture

Mark Engler
Will Big Business Turn On Bush?: the Economic Nightmare Unfolds

Juliano Mer-Khamis
They Shoot at Children, Too

Ron Jacobs
When Gen. Westmoreland Visited

Jill S. Farrell
Bird Flu and the Posse Comitatus Act

Missy Comley Beattie
Trent Lott's Untroubled Sleep

Mitchel Cohen
People of the Dome, Revisited

Evelyn J. Pringle
Bush-Cheney and Big Oil's Big Summer

Reza Fiyouzat
Signs of Life or Last Gasp? Structural Problems in the Democratic Party

Charles Sullivan
When Courage Fails: a White Southerner on Rosa Parks

Zachary Richard
Return to Louisiana

Ben Tripp
Beginning of the End? Don't Start Cheering Just Yet

St. Clair / Vest
Playlists: What We're Listening to This Week

 

November 4, 2005

Jeffrey St. Clair
Blood on the Tundra, Betrayal in the Rotunda: Losing ANWR

Dave Lindorff
A Majority Now Favors Impeachment: If He Lied, He Must Be Tried

Phillip Cryan
Crackdown in Colombia

Christopher Brauchli
Katrina and Tax Breaks for the Very Rich

William S. Lind
Exit Strategy: You Can't Stay the Course in a Lost War

Daryl G. Kimball
Of Madmen and Nukes

George Beres
Laurels for Negroponte?

Peter Montague
Why We Can't Prevent Cancer

 

November 3, 2005

James Petras
The Libby Affair and the Internal War

Saul Landau
Torn Families and Shot Down Planes: a Cuba Story

Rep. Cynthia McKinney
An Occurrence at Gretna Bridge

Michael Dickinson
Bang! Bang! You're Deaf! Sonic Weapons Over Palestine

Joshua Frank
Sham Behind Closed Doors

Remi Kanazi
Dancing with Perseverance

Reza Fiyouzat
Taxation or Racketeering?

Website of the Day
CIA Leak Investigation: Bigger Fish, Deeper Water?

 

November 2, 2005

Cockburn / St. Clair
Holy Alito!: Not as Crazy as Scalia, But Just as Bad

Robert Oscar Lopez
Saving Rosa Parks from American Hypocrisy

John Walsh
The Philosophy of Mendacity: From Leo Strauss to Scooter Libby

Brian J. Foley
Why Most Americans Don't Care About Gitmo (and Why They Should)

Ramzy Baroud
Rolling Back Syria

M. Junaid Alam
What Moral Values?

Todd Chretien
Judgment Day for the Governator

Bruce K. Gagnon
The Democrats' Slap Happy Day

Website of the Day
Hands Off Dave!

 

November 1, 2005

Ron Jacobs
An Interview with Kent State's Dave Airhart

Gary Leupp
The Plame Affair Leads to Rome

John Ross
Days of the Dead on the Border

Bill Quigley
Why Are They Making New Orleans a Ghost Town?

Joseph Nevins
From a Boundary of Death to One of Life

Dave Lindorff
Thinking About Impeachment

Linda S. Heard
Bashing Syria: Another Trojan Horse from the UN?

Heather Gray
Thank You, Mrs. Parks

Michael Dickinson
To Di For: Charlie and Camilla Cross the Pond

Jeffrey St. Clair
Kent State: Wise Up and Back Off

 

October 31, 2005

Elaine Cassel
Libby's Lies

Mark Weisbrot
Pop Goes the Bubble: Bernancke and the Fed

Mike Whitney
Carry On, Patrick Fitzgerald

Norman Solomon
After the Libby Indictment, the Press Acquits Itself

Farooq Sulehria
Trading Weapons While Kashmir Burns

Nicole Colson
Scapegoating Immigrants

Madis Senner
Dhafir Sentenced to 22 Years: Another Erosion of Civil Rights

Paul Craig Roberts
Scooter and the Neocons


October 29 / 30, 2005

Cockburn / St. Clair
The Libby Indictment: Gotterdammerung for the Bushies?

Peter Linebaugh
The Wedges of Hephaestus

Tim Wise
Framing the Poor: Katrina, Conservative Myth-Making and the Media

John Chuckman
Bushspeak: Dark and Garbled Words

Steven Higgs
Green Hoosiers: Forging a New Democracy in the Heartland

Brian Cloughley
The Fifth Afghan War

M. Shahid Alam
Israel and the Consequences of Uniqueness

Nikki Robinson
Crack Down at Kent State

Ralph Nader
Let the PIRGs Begin!: Student Activism Thrives

Joe DeRaymond
Requiem for Bethlehem Steel?

Joshua Frank
Karl's Great Escape: Did Rove Rat on Scooter?

Laura Santina
Tongue-Tied on Iraq: Why Aren't the Dems Screaming Bloody Murder?

Fred Gardner
Death of an Organizer

Michael Dickinson
Insult Your Country

Ron Jacobs
Autumn in America

Dr. Susan Block
Fear and Sex: a Halloween Greeting

Vanessa S. Jones
Self-Portrait, 1994. Bronte Beach

Jeffrey St. Clair
Playlist: What I'm Listening to This Week

Poets' Basement
Marbet, Gardner, Ford, Albert, Engel, Krieger & St. Clair

Website of the Weekend
Red State Update

 

October 28, 2005

Jared Bernstein
Inflation Up; Wages Down: Fastest Decline in Wages on Record

Virginia Tilley
Embracing the Anti-Aparthied Movement in Israel/Palestine

Phil Gasper
The Race to Execute Tookie Williams

Jennifer Matsui
It's Mardi Graft Time!

Manual Garcia, Jr.
Is the US Really Against Torture?

Monica Benderman
In the Name of Justice

Jason Leopold
Fitzgerald Focuses on the Forgeries

Dave Lindorff
Suddenly, Bush Endorses Right of Fair Trials


Otober 27, 2005

Saul Landau
The Scandal Isn't the Leak, But the Illegal War

Stuart Hodkinson
Bono and Geldoff: "We Saved Africa" Oh No, They Didn't!

Ingmar Lee
Stop the Troops!: No Glory or Honor in Iraq

Lila Rajiva
License to Bill: Gates Does India

Ilan Pappe
The Last Moment of Hope

Niranjan Ramakrishnan
Waiting for Fitzgerald

Michael Donnelly
Look Who's Talking Now: the GOP on Perjury

Ron Jacobs
Escape the Weight of Your Corporate Logo

Cockburn / St. Clair
White House in Meltdown

 

October 26, 2005

Kathy Kelly
For Whom They Toll

Gary Leupp
Dialectics of the Plame Affair

Mike Marqusee
Empire of Denial

Eric Ruder
War Crimes in Afghanistan

Patrick Cockburn
Iraq: a Constitutionally Divided Nation

Joshua Frank
Fitzgerald v. the Bushies: Hold Your Elation in Check

J.L. Chestnut, Jr.
The Legacy of Rosa Parks

Website of the Day
Decent Work in America: the 2005 Work Environment Index

 

 

October 25, 2005

Paul Craig Roberts
Condi and Syrian Regime Change: Could Somebody Recommend a President?

Ken Sengupta / Patrick Cockburn
Attack on the Palestine Hotel

Conn Hallinan
Sleight of Hand: Iran, India and the US

Nafeez Mosaddeq Ahmed
Pulling the Court Strings

Jackie Corr
Barbara Bush: Poster Gorgon of the Houston Astros

Robert Day
Talk to Strangers

John Sugg
Judith Miller and Me

 

October 24, 2005

Dave Lindorff
Revoke Judy Miller's Pulitzer

Michael Donnelly
Shades of Iran/contra

Patrick Cockburn
A Nation Stands on Trial

Mike Whitney
Apres Rove

Norman Solomon
Iraq is Not Vietnam, But...

Bill and Kathleen Christison
US Foreign Policy and Palestine

 

October 22 / 23, 2005

Alexander Cockburn
When Divas Collide: Maureen Dowd v. Judy Miller

Billy Sothern
Letter from the Circle Bar, New Orleans

Saul Landau
Bush, an Assessment

Ralph Nader
An Open Letter to Bush on Harriet Miers

Behrooz Ghamari
Whose Justice Does Saddam's Trial Serve?

Brian Cloughley
Bush the Strategist: Pyrrhus Without a Victory?

Diana Barahona
Venezuela's National Workers' Union

Fred Gardner
Dershowitzed!

Lee Sustar
What the War on Terror is Really About

Patrick Cockburn
Murder of Saddam Trial Defense Lawyer

Laura Carlsen
Mexico City Seamstresses Recall 1985 Quake

James Petras
China Bashing and the Loss of US Competitiveness

Joshua Frank
Invading Iran: Who is to Stop Them?

Manuel Garcia, Jr.
Disasters are Us

Michelle Bollinger
When Abortion Was Illegal

Missy Comley Beattie
CSI: Iraq

Kona Lowell
Intelligent Design: Making High School Fun

Ben Tripp
Tanks for the Memories

Jeffrey St. Clair
Playlist: What I'm Listening To This Week

Poets' Basement
Albert and Engel

Website of the Day
Indictment Watch

 

October 21, 2005

Dave Lindorff
The Democrats' Abortion Hypocrisy

Winslow T. Wheeler
Paying for Their Mistakes: Incompetence, Deception and the Defense Budget

Col. Dan Smith
The Destruction of the National Guard

Norman Solomon
Media at Crossroads: 25 Years After Reagan's Triumph

Madis Senner
Abusing Katrina

Michael Donnelly
Richard Pombo: DeLay in Cowboy Boots


October 20, 2005

Dave Lindorff
Impeachment Comes to NYC

Ray McGovern
16 Fatal Words: Cheney's Chickens Come Home to Roost

Jeremy Brecher /
Brendan Smith

Attack Syria? Invade Iran?: By What Constitutional Right?

Patrick Cockburn
Saddam Refuses to Recognize Court

Kevin Zeese
Was the Iraqi Constitution Vote Fixed?

Ross Eisenbrey
Millions Would Lose Pay and Protections Under Enzi Amendment

Randy Shields
James McMurtry Makes It in Dayton

Justine Davidson
Prosecuting Bush in Canada for Torture: a Small Victory

After Lucas Cranach
Judy and Holofernes

Joe Allen
The Scandalous History of the Red Cross

 

 

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December 7, 2005

A Tainted Trial?

A Stunning Win for Mumia Abu-Jamal

By DAVE LINDORFF

In a startling new development, the Third Circuit Court of Appeals in Philadelphia has agreed to hear arguments on three claims by Pennsylvania death-row prisoner Mumia Abu-Jamal that his 1982 trial and state appeal were tainted by constitutional violations.

Any one of those three claims, if upheld by the three-judge panel, could lead to a new trial for one of America's most famous and long-standing death row prisoners, a Philadelphia-based journalist and former Black Panther activist who was convicted of the 1981 shooting murder of a white Philadelphia police officer.

The decision came as a surprise because the appellate court was only required to consider an appeal from the defense on a single guilt-phase issue-the claim that the prosecution had illegally removed qualified jurors from the case on the basis of race. That claim, while rejected in 2001 by Federal District Court Judge William Yohn, had been certified by the judge for appeal to the Third Circuit. Appellate courts do not have to even accept arguments from defense attorneys on claims that have not been certified for appeal by a lower court, so the fact that the judges agreed to accept the other two claims is a major victory for the defense.

The two additional claims are that:

1. The prosecutor, Joe McGill, improperly sought to weaken any sense of
Responsibility and accountability among jurors considering the case, and undermined the constitutional requirement of "beyond a reasonable doubt," when he told them in his final summation that they need not worry overmuch about voting for conviction since Abu-Jamal would have "appeal after appeal," and

2. The judge in the case, the late Albert Sabo, who also sat at the 1995 Post-Conviction Relief Act hearing, where determinations of fact, and crucial new evidence, were presented (or where the defense attempted, unsuccessfully to present it), was biased against the defense.

Abu-Jamal's claim of racial bias in jury selection is well documented. In his habeas appeal to the Federal District Court, his then attorneys, Leonard Weinglass and Daniel Williams, submitted four academic studies of jury selection practices by both the Philadelphia district attorney's office and of assistant DA McGill, himself. Both demonstrated clearly that the DA's office under then DA Ed Rendell, and McGill in the murder trials he prosecuted, rejected roughly three out of four potential black jurors who had already agreed that they could vote for capital punishment. This was a rate of peremptory rejection of qualified jurors three times higher than for potential white jurors, and is prima facie evidence of illegal racial bias. But Judge Yohn, in a serious judicial error of both fact and judgment, rejected all that evidence. As I exposed in my book on the case ("Killing Time: An Investigation into the Death Penalty Case of Mumia Abu-Jamal," Common Courage Press, 2003), Yohn had confused the studies, and incorrectly assumed that they did not cover the time period of Jamal's trial, when in fact the studies even included Jamal's trial in their data sets. If the appellate court looks at that same evidence, the judges would be hard-pressed to find it fair in a city 44 percent black that the jury selection process in Abu-Jamal's trial resulted in his having just two black jurors ruling on his guilt and sentence.

Equally compelling is the claim that McGill's summation was unconstitutional. As I wrote in "Killing Time":

Right from the outset, McGill tried to convince the jury that, far from following the dictum "innocent until proven guilty," and making sure that they didn't convict an innocent man, they should be careful not to free a suspect who might well be guilty. Such an argument risked providing grounds for a successful overturning of the verdict. Appellate courts, including the Supreme Court of Pennsylvania (in a case, ironically, involving McGill saying the same words), had already held that telling a jury in a summation that their verdict would not be final was grounds for a mistrial. In defiance of that ruling, McGill probably calculated that the politics of this case-a black radical convicted of killing a white police officer-would make such a reversal unlikely. The calculation would prove to be correct, as we will see later. He went ahead and tried the tactic again, telling them, "If your decision of course were to acquit, to allow the Defendant to walk out, that is fine. There is nothing I can do and there is nothing that the judge or anyone could do that would affect that in any way. If you find the Defendant guilty of course, there would be appeal after appeal and perhaps there could be a reversal of the case, or whatever, so that may not be final."

It could still be that my political analysis back then will prove correct, and that after hearing the defense's argument on the claim, the Third Circuit judges will reject it, but they if they did, they'd be going against earlier precedents where such statements have been made by prosecutors in the same circuit.

Finally on the judicial bias claim, there are so many examples of Sabo's bias, particularly at the PCRA hearing, where he was the one making the rulings regarding the validity of evidence, and the admission of new evidence, that the appellate judges' decision in favor of the defense claim of bias should be clear. Again, though, there is bound to be enormous political pressure brought on the court not to support the claim.

The Third Circuit has put Abu-Jamal's appeal on a "fast track," setting January 17 as the date for the defense to file its brief on the three claims. At that point, according to a lawyer for the Third Circuit court, the DA would have 30 days to respond and to file its own brief on the sentencing claim, after which the defense would have another 30 days to respond. The DA would have a final 14 days to file a final brief responding to the defense's last arguments to the court. At that point, the Appeals Court judges (who do not get identified publicly until 10 days before a hearing on the case, or a decision), would decide whether to hold a public hearing on the case, or simply decide based upon the submitted briefs.

There are a number of possible outcomes in the Third Circuit. The worst-case scenario for Abu-Jamal would be for the appellate court to reverse Judge Yohn's ruling on the death sentence, and to reject all the guilt-phase claims, which would put him back on track for execution.

On the guilt-phase claims, there are a number of things that could happen. If the jury selection race bias claim, called a Batson claim, is upheld, the court could order a new trial or could, as is more likely given Yohn's errors, send the case back to Judge Yohn for reconsideration based upon the evidence he had wrongly dismissed as irrelevant. Yohn could then order a new trial if he found evidence of race-based selection of jurors.

The claim of prosecutorial error in the summation to the jury could also lead to an order for a new trial, though again another option would be to send the matter back to Yohn's court for a rehearing.

Finally, the judicial bias claim, because it involved the PCRA hearing in 1995, not the 1982 trial itself, might not lead to a new trial but rather to a new or reopened state court PCRA hearing. There the defense would likely have the opportunity to bring back key trial witnesses as well as call new witnesses. That, in turn, would give the defense new avenues of appeal, in both state and federal courts, and possibly another chance for a new trial.

A clearly elated Robert Bryan, who took over Abu-Jamal's case as lead attorney over a year ago after several years of chaos and divisiveness in his defense following his firing of Weinglass and Williams, and his hiring of two death-penalty novices, Marlene Kamish and Elliott Grossman, said of Tuesday's Third Circuit decision to hear arguments on three claims, "Today we achieved a great victory in the campaign to win a new trial and the eventual freedom of Mumia."

Bryan said all three claims "are of enormous constitutional significance and go to the very essence of Mumia's right to a fair trial, due process of law, and equal protection of the law under the Fifth, Sixth and Fourteenth Amendments to the Constitution."

Asked for comment on the Third Circuit's decision to her three defense claims, a DA's office spokeswoman said, "We haven't heard about their decision yet."

Dave Lindorff is the author of Killing Time: an Investigation into the Death Row Case of Mumia Abu-Jamal. His new book of CounterPunch columns titled "This Can't be Happening!" is published by Common Courage Press. Information about both books and other work by Lindorff can be found at www.thiscantbehappening.net.

He can be reached at: dlindorff@yahoo.com

 

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