home / subscribe / donate / books / archives / search / links / feedback / events / faq

 

Calling All CounterPunchers!
Nearing the Half-Way Point

We are now entering our second week of fundraising. As you can see from the donation gauge there on the right, some of you have given us a great start. Some of you, but not enough of you!  To those who have not yet given, CounterPunch needs your financial support!

Either we meet our fundraising goal of $75,000 over the next two weeks or we'll be forced to drastically curtail the operation of our website.

CounterPunch's website is supported almost entirely by subscribers to the print edition of our newsletter. Yes, the continued existence of CounterPunch depends solely on the support and dedication of our readers. And we know there are a lot of you. We get thousands of emails from you every day. Our website receives millions of hits and nearly 100,000 readers each day-and those numbers grow by the month.

Unlike many other outfits, we don't hit you up for money every month ... or even every quarter, like our friends at Antiwar.com. We only ask for your support once a year. But when we ask, we mean it. Please, use our secure server make a tax-deductible donation to CounterPunch today or purchase a subscription and a gift sub for someone or one of our award-winning books (or a crate of books!) as holiday presents. (We won't call you to shake you down or sell your name to any lists--even Dick Cheney's.)

To contribute by phone you can call Becky or Deva toll free at: 1-800-840-3683

Onward,
Alexander, Jeffrey, Becky, Alya, Deva and Kimberly
CounterPunch
PO Box 228, Petrolia, CA 95558

 

Today's Stories

November 3, 2008

Patrick Cockburn
Friends Like These

October 31 , 2008

Alexander Cockburn
Change You Can See

Jeffrey St. Clair
Killing Leroy Jackson: the Indian Wars Have Never Ended

Douglas Valentine
Giving Aid and Comfort to the Enemy: McCain's 14th Amendment Problem

Ismael Hossein-Zadeh
The Great Bailout Fraud: Misrepresenting the Financial Crisis

Dr. Ignacy Nowopolski
Is the Global Economy a Mistake? an Interview with Paul Craig Roberts

Alan Maass
What's So Funny About Peace, Love and Spreading the Wealth?

William P. O’Connor
Reflections of an Average Joe

Patrick Irelan
Johnny's Tantrums: McCain the "Gook Hater"

Brian Cloughley
Out of Control: Memo From Islamabad

Mats Svensson
The Last Dance in Ramallah

Binoy Kampmark
Into Syria We Went

Steve Conn
The Future of Ted and Sarah

Alan Farago
The Division of Florida: the Politics of Growth

Morton Skorodin
The Bush-Obama-McCain Administration

Robert Bryce
Not McCain

Wajahat Ali
Dear John McCain, Please Stop...

David Yearsley
Palin's Flute, Obama's Voice

Dennis Loo
What to Do with Bush and Cheney?

Pam Martens
Why 2008 Feels Like 1932

Stephen Martin
Defense Strategies in Economic Warfare

Richard Rhames
Nothing for Something: the Doomed Rustic's Lament

Ramzy Baroud
A Third Palestinian Intifada

Missy Beattie
I'm Sick of Their Voices

Howard Lisnoff
Burning Reason: More From the Religious Right

Richard Neville
Pickled Heads: First the Revelation, Then the Revolution

Saul Landau /
Farrah Hassan

Bush Ultra Lite: Oliver Stone's Oedipal Problem

Kim Nicolini
Max Payne: Vigilante Violence as Sex Story

Lorenzo Wolff
Dance to the Music--or Else!

Poets' Basement
Four Poems from the Japanese Trans. by Rexroth

Website of the Weekend
Art Against Empire

October 30, 2008

Cockburn / St. Clair
McCain's Women Problems

Vijay Prashad
Smearing Rashid Khalidi

Paul Craig Roberts
World Tires of Rule by Dollar

Glen Ford
Turning the Tide of Ethnic Cleansing in America's Cities

Stanley Heller
Wall Street Bonus Madness

William Loren Katz
"Kill Him!:" a Political Chronicle

Joshua Frank
Memo to Progressives for Obama: What Happens After the Election?

James McEnteer
The Year of Unreliable Witnesses

Felice Pace
The Big Change: Can "Civic Unreasonableness" Save the Earth?

Jonathan Cook
The Executions at Kafr Qassem

Reza Fiyouzat
Boycott the Elections!

Website of the Day
An Open Letter to Whole Foods

 

October 29, 2008

Arno J. Mayer
The US Empire will Survive Bush

Eric Toussaint
How the Food and Financial Crises are Interconnected

Matt Gonzalez
What Do They Have to Do to Lose Your Vote?

Steven Conn
Obama and the Camp Followers

Jonathan Cook
Israel Bars Visit to a Father's Grave

Patrick Bond
Strauss-Kahn Strikes Again!

Ramzi Kysia
A Freedom Rider in Gaza City

Douglas Valentine
A Glimpse Inside the Head of Joe the Plumber

Stephen Martin
What America is Owed

Margaret Dooley-Sammuli
Alternatives to Incarceration

Amee Chew
Support Obama, Vote McKinney?

Website of the Day
N-Word Chant Doesn't Phase Palin

 

October 28, 2008

James G. Abourezk
How to Bail Out the Taxpayers

Andy Worthington
The Empty Chair at Guantánamo

Gary Leupp
The Specter of the Sixties: Palin v. Ayers

Paul Craig Roberts
The End of the American Road

Mike Whitney
Meet the World's New Currency

Gregory V. Button
What the Next President Must Do to Save FEMA

Ralph Nader
Share the Sacrifices, Share the Benefits

P. Sainath
Haunted by Socialism

Martha Rosenberg
Melting Pot in Hell

Charles R. Larson
Palin/Wurzelbacher 2012!

Website of the Day
Why You Can't See Across the Grand Canyon

October 27, 2008

Michael Hudson
Scenes From the Global Class War

Barbara Rose Johnston
The Clean, Green Nuclear Machine?

John Dinges
Palling Around with Dictators: McCain and Pinochet

Mike Whitney
Chickenhawks and the Horrors of War

Mary Lynn Cramer Greenspan's Higher Power

Alan Farago
Origins of the Fall

David Michael Green
Remind Me Again: Who Won the Cold War?

Andy Worthington
The Collapse of Omar Khadr's Guantánamo Trial

George Wuerthner
Is Ranching Sustainable? The Story of Bob the Rancher

Niranjan Ramakrishnan
The Obamanations of Barack

Website of the Day
Heartland of Darkness

October 24 / 26, 2008

Alexander Cockburn
Waiting for the Curtain to Rise

Ishmael Reed
Boogiemen: How Lee Atwater Perfected the G.O.P.'s Appeal to Racism

Mike Whitney
Down for the Count

Don Santina
How Maria Fell: Death in the Central Valley

Scott Boehm
Manufacturing Sympathy: Palin, Special Needs and Identity Politics

Saul Landau
Faith-Based Surge: Whining About Winning in Iraq

Ron Jacobs
Iraq and the Arrogance of Washington

Binoy Kampmark
Afghanistan the Un-Winnable

Linn Washington Jr.
The Great Vote Fraud Hoax

Nicole Colson
Mocking Our Rights: McCain's Disdain for Women's Health

Bernard Chazelle
The Humorology of Power

Brian Jones
Campaign by Codeword

Christopher Brauchli
Down the Drain with McCain's Vetters

Benjamin Dangl
Bolivia Rejects Neoliberalism

Val Strange
The Fraternity of John McCain: Scenes from North Carolina

Joe Mowrey
Name That Candidate: He Supports Petraeus, the Death Penalty, the Bailout, Nuclear Power, the Occupation...

Steve Early
SEIU Learns the Meaning of "No"

David Macaray
Patriotism and the Labor Movement

Allison Kilkenny
You Have the Right to Airport Harassment

Richard Rhames
Open Season

Jim Bell
Nuclear Power's Big Con

Kris De Welde
Domestic Violence and Financial Stress

Barry Clemson
John Wayne Syndrome

Adam Engel
Last Exit to Disneyland

Mark Scaramella
The World's Weirdest Pipe Organ?

Tuli Kupferberg
Nobody for President: the Original Version (Annotated)

Lorenzo Wolff
A Frustrated, Broken-Hearted Joy from Kidnapkin

Poets' Basement
Gibbons, Swartzfager and Payne

Website of the Weekend
Patrick Cockburn Dismantles the Surge

October 23, 2008

Allan J. Lichtman
What Voter Fraud?

Todd Chretien
Why I'm Not Voting for Obama

John Ross
No Child Left Behind, Mexican-Style

Peter Morici
Strategies to End the Crisis

Mats Svensson
Short Film Clips at a Checkpoint

Marlene Martin
Don't Let Them Execute an Innocent Man

Robert Jensen /
Pat Youngblood
Looking Beyond the Election and Beyond Elections

Margaret Kimberley
Rightwing Obama Love

Deepak Tripathi
Post-Bush Scenarios

David Morris
Why Joe the Plumber is a Socialist (And You Are, Too)

Website of the Day
Voting While Black in North Carolina

October 22, 2008

Brian Cloughley
Kid Killers are Barbarians

Heather Gray
Raising Hell in the South: the Legacy of J. L. Chestnut, Jr.

Jeff Birkenstein
McCain's Disdain for Spain

Ralph Nader
The Song Remains the Same: Convergence and Avoidance in the Presidential Election

DC Larson
The Growing of a Heartland Nader Raider

David Swanson
Colin Powell, Not Qualified for Government Service

Keeanga-Yamatta Taylor Race and the Election: When the "Real" America Enters the Voting Booth

Larry Everest
9/11 and the Imperial Adventure in Afghanistan

Robert Fantina
Anything to Win

Martha Rosenberg
The Financier's Playbook

Stephen Martin
Giving It Up to the Combine

Website of the Day
Brokers with Hands on Their Faces

October 21, 2008

Vijay Prashad
Wealth's Apostles

Paul Craig Roberts
How Inflation Works: Why I Can't Buy an Old Ferrari

Corey D. B. Walker
Empire and White Supremacy

Steve Breyman
How to "Win" in Afghanistan

Eric Toussaint
The Economic Crisis and Latin America: Time to Delink

Wajahat Ali
Boo Radley Comes Out to Play: the Emerging Muslim-American Electorate

Robert Weitzel
Wasting a Vote for Lincoln's Radical Ideal (Or Why I'm Voting for Nader)

Brendan Cooney
Palinoscopy: an Exploration of Why Liberals are So Obsessed with Sarah Palin

Dave Lindorff
Cuba's Oil Reserves: a Game-Changer?

Marqueece Harris-Dawson / Bob Wing
When You're a Black Candidate There's No Such Thing as a Safe Lead

Patrick B. Barr
Socialist, Socialist, SOCIALIST!

Omar Barghouti
The Boycott and Palestinian Groups: Countering the Critics

Website of the Day
How to Dismantle a US War Plane (and Get Away With It)

October 20, 2008

Michael Hudson
The ABCs of Paulson's Bailout

Anthony DiMaggio
The Scandal That Never Was: ACORN, Rightwing Media and Election "Fraud"

Tariq Ali
Zardari Bans My Books

Uri Avnery
Is Akko Burning?

Bill Quigley
Hammered by the Swedes

Ben Rosenfeld
The Politics of St. Joe, Martyr to a Lie

David Michael Green
Payback's a Bitch: McCain on the Ash Heap

William S. Lind
The Afghanistan Advantage

Chris Genovali
Drill, Baby, Drill (Wink, Wink)

Stephen Martin
The Last Man in America

Howard Lisnoff
Bad News for War Resisters

David Yearsley
Organ Meat

Website of the Day
Our Brother is Sick: the Steve Ferguson Cancer Fund

October 17 / 19, 2008

Alexander Cockburn
Blow Ups and Bomber
s

Jeffrey St. Clair
Inside Hanford: a Trip to America's Most Toxic Place

Pam Martens
How the Banksters are Making a Killing Off the Bailout

Paul Craig Roberts
Government of Thieves

Mike Whtney
No More Investment Banks

Michael D. Yates
Bowling Alley Blues: Racism Dies Hard in Johnstown, PA

Suzanne Smith
The Energy-War Connection: McCain Said It, Why Don't We?

Carl Boggs
Prosecuting Bush

Ralph Nader
Closing the Courthouse Doors

Fidel Castro
The Global Crash

Dave Marsh
The Great Levi Stubbs

Saul Landau
Denial, the Election Musical Comedy

Jo Guldi
The Floods of Heaven

Kevin Zeese
Now the Cost of War Really Matters

Larry Everest
Afghanistan, Not a Good War Gone Bad

Steve Early
Stop, in the Name of Joe!

David Macaray
Hey, Joe

Ben Terrall
When Ike Hit Haiti

Missy Beattie
Palin and God's Children

Don Monkerud
American Exceptionalism

Helen Redmond
Health Care Now's Big Con

Dan Bacher
Schwarzenegger's Delta Vision: Canals and Dams to Bail Out Big Ag

Wajahat Ali
Bush Gets Stoned

Farzana Versey
The White Tiger's Stripes and Gripes

Vladimir Frolov
Medvedev to Obama: We Come Not to Bury America, But to Buy It

Kim Nicolini
Frozen River: At Last, a Great Movie That's Neither Hip Nor Cool

Poets Basement
Gibbons, Corsale, Davis and Fleming

Website of the Day
The Real Sarah Palin?

 

 

November 3, 2008

Prosecuting Voters

Voter Lockdown

By JOHN KENNEDY O'HARA

Thirteen campaign workers for Barack Obama in Ohio, including spokeswoman Olivia Alair, signed a letter on October 24th asking the Franklin County Board of Elections to pull their names from the voter rolls. One Obama staffer in Ohio told me, “We’re pretty nervous about this.”  The concern was prompted by a warning from prosecutor Ron O’Brien, the elected county district attorney and a Republican, urging new Democratic voters to “examine your conscious” before filing their registration cards.

Meanwhile, CNN announced that at least a dozen states are investigating allegedly fraudulent voter registrations among the flood of new registrants.  Most of these are arrivals to the Democratic Party. Election officials nationwide estimate that 30 percent of the 1.3 million newly registered Democratic voters brought in by ACORN, an outreach organization based in poor communities, have been rejected.  The source of most of these disputed registrations is a simple one – and very dangerous.  The problem, allege prosecutors and election officials, is residence: Many of these “new” voters have simply moved to a new home.

This may sound benign, but when a prosecutor warns you to “examine your conscious,” what it means is that the prosecutor will examine you. And when he talks about questioning the validity of your voting residence, what it really means is you might be going to jail for voting.  I know this all too well from personal experience.

On October 21, 1996, I was indicted by the district attorney in Brooklyn, New York, on seven felony counts of what was deemed false registration and illegal voting. The first count was when I registered to vote in 1992.   Count two was that the address on my registration was not my “principal and permanent residence” – the language of the bizarre New York State voter residence law.  And the remaining five counts were the votes I cast in each of the elections and primaries over the following year. Each count was a class E felony carrying a penalty of one to four years in prison. I did not vote twice in the same day, nor did I vote from a sham address.  Nonetheless, I was facing 28 years in prison for voting.  The last felony case to be successfully prosecuted in New York for false registration and illegal voting took place in 1873, in Rochester, New York.  The defendant in that case was Susan B. Anthony.

The genesis of my alleged crime was that in 1992 I registered to vote and voted from my ex-girlfriend’s house in Brooklyn, which is fourteen blocks from where I currently live. The jury was asked to examine my life, over a twenty year period, to determine if the place I lived in for one year, four years earlier, was my “principal and permanent residence that I always intended to return to.” I have lived in the same neighborhood in Brooklyn my entire life.

Every aspect of my personal life was now subject to investigation – meaning every check, credit card slip, tax return for the past 20 years was examined by the Brooklyn district attorney. My apartment, my campaign headquarters, houses of my relatives were put under surveillance.

With over a million registered voters in Brooklyn, you may be wondering why I was targeted in this Kafkaesque effort. I was 35 years old at the time; not once in my life was I ever in trouble with the law. The explanation is not much different than why prosecutors are targeting Obama campaign staffers in Ohio: It was my political activity. I had been a candidate for office on five separate occasions taking on entrenched incumbents, but what triggered the prosecution was an event that happened six weeks before my arrest.

On September 10, 1996, primary day in New York State, the voting machines were delivered late throughout selected polling places in Brooklyn. This was no accident, and tens of thousands of people were denied their chance to vote. The late machines affected the outcome of a judicial race that the district attorney’s chief of staff was managing.  When I saw what happened I had to act. I immediately filed an action in federal court and successfully got a continued election. There was a last-minute appeal by the party bosses, and the US Court of Appeals cancelled the continued election hours before the polls were to open.

My attorneys and I planned an emergency application to the U.S. Supreme Court when I was suddenly indicted and arrested for illegal voting. I had stood up for other people’s right to vote – and now I was going to be made an example of.  It worked. When you are in lockup waiting to be arraigned on seven felony counts, your priorities quickly change.

The case of People v. O’Hara spiraled into one of the most expensive criminal cases in New York history.  The case even made it into the pages of Harper’s Magazine and was the subject of hundreds of articles in the mainstream dailies.  I would soon become the first person in Brooklyn ever tried three times on the same charge. The first trial was reversed on appeal, the second trial resulted in a hung jury, and in the third trial I was convicted again. What followed were more than a dozen appeals with split decisions. The appellate courts in New York viewed the case as one of “first impression,” meaning there had never been a criminal prosecution where someone had to pledge allegiance to one residence for an indefinite period of time.

Ultimately I was spared prison. My sentence was to be confined by probation for five years, fined $20,000, ordered to perform 1,500 hours of community service, and since I was now a convicted felon, I was disbarred as an attorney and lost my livelihood. 

New York’s highest court, the State Court of Appeals, realized the danger of prosecuting voters when a minority on the bench dissented in my case in a 5-2 decision during 2001 that ultimately upheld my conviction. The dissenting opinion stated:

If politically-charged disputes such as this and questions of “residence” are going to be resolved in the criminal arena and decided by juries, with the possibility of criminal conviction and incarceration, we would ensure that the definition of residence is plainly fixed and easily understood.

The problem, of course, is that under New York State law the definition of residence just doesn’t make sense.  It flatly cancels out the right to vote of anyone who can’t pledge allegiance to a single residence. This includes those who are homeless or living in homeless shelters; it includes students living temporarily in dormitories.  It might even include wealthy homeowners who maintain two or three residences – which one of the mansions is “principal and permanent”?  The statutory definition of a residence in Ohio disturbingly echoes the language in the New York State election law under which I was prosecuted.  A residence in Ohio must be that which is “fixed and to which whenever the person is absent, the person has the intention of returning.”  As in New York, the penalty for violating the law is draconian: It’s a felony punishable by one year in prison and a $2,500 fine.  There’s another, perhaps more disturbing, catch in the Ohio fine print: If you vote from a claimed residence, but abandon that residence within the statute of limitations – typically five years – then you can be prosecuted, years later, for violating the law.  This explains in part why the dozen Obama campaign staffers folded like an accordion on October 24. 

Prosecuting people for their political activity is not a novel concept; we just don’t want to believe it happens in America. But what’s happening in Franklin County, Ohio, is an example of why it is necessary to have a prosecutor on your side to silence dissent.  The prosecutor, after all, is the key to locking people up.  Make no mistake, this is about suppressing turn-out, keeping the vote down, which is the common goal of all incumbent politicians.  An elected district attorney, like O’Brien in Ohio, is no different than any other politician. Prosecutors exist by pleasing the party bosses, who help keep them in office, and, yes, they do have the perfect platform to keep voters out of the booth. 

In the big picture, new voters mean change, and when do incumbents want change?  Voter turnout has consistently declined year after year, which is no accident. It is accomplished through gerrymandering when re-apportionment comes around after each census, and also, as it happens, by the expansion of the prison industrial complex.  Since 1990, the American prison population has gone from 800,000 to 2 million.  Politicians fight to get those prisons in their districts.  The reason is obvious: prisoners count as constituents, but they are not allowed to vote. This is every politician’s dream come true: a district full of people who can’t vote.

Getting locked up for voting happened to me, it is happening in Ohio – and it can happen to you. We have more people in prison than any country in the world.  So we should pause before venturing down that slippery slope of prosecuting people for pulling the lever on election day.

John Kennedy O’Hara is still a disbarred lawyer and convicted felon living in Brooklyn, and has applied for a pardon from New York Governor David Paterson.  His on-line petition to the governor’s office can be found at freejohnohara.com.

 

 

 

 

 

Shop at Amazon.com

 

 


Now Available from CounterPunch Books!

Waiting for Lightning
to Strike:
The Fundamentals

of Black Politics
Kevin Alexander Gray

Click Here to Buy!

The Inside Story of the Shannon Five's Smashing Victory Over the
Bush War Machine

By Harry Browne

Born Under a Bad Sky:
Notes from the Dark Side

of the Earth
By Jeffrey St. Clair

RED STATE REBELS:
Tales of Grassroots Resistance from the Heartland

Edited by
Jeffrey St. Clair
and Joshua Frank


How the Press Led
the US into War


Buy End Times Now!

New From
CounterPunch Books

The Secret Language
of the Crossroads:
HOW THE IRISH
INVENTED SLANG
By Daniel Cassidy

WINNER OF THE
AMERICAN BOOK AWARD!


Click Here to Buy!

Cassidy on Tour
Click Here for Dates & Venues

"The Case Against Israel"
Michael Neumann's Devastating Rebuttal of Alan Dershowitz


Click Here to Buy!


Saul Landau's Bush and Botox World with a Foreword by Gore Vidal


Click Here to Order!

 

Grand Theft Pentagon
How They Made a Killing on the War on Terrorism

 

 

 

 

 


The Occupation
by Patrick Cockburn

 

 

 


Humanitarian Imperialism
By Jean Bricmont

 


 

 


CITY BEAUTIFUL
By Tennessee Reed