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Inside the New Print Edition of Our Subscriber-Only Newsletter!

When America Said No!

Waterboarding, sensory deprivation, confessions extorted under torture… We have been here before. Eighty years ago Zechariah Chafee’s investigation of “Lawlessness in Law Enforcement” spelled the beginning of the end for routine police torture in America. In our new CounterPunch newletter Peter Lee sets Chafee’s findings against the documented tortures of the Bush-Cheney years, whose executors are now protected by Obama. Every word of Chafee’s repudiation of extra-legal detention and coercive interrogation is valid today and should be read by all, starting with the 44th president. Also in this newsletter Marcus Rediker describes what happened when he lectured on the history of pirates to inmates at Auburn Prison. Get your new edition today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and t-shirts make great presents.

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Today's Stories

July 27, 2009

Ishmael Reed
Gates: Post-Race Scholar Yells Racism

July 24-26, 2009

Alexander Cockburn
"A Damned Murder, Inc."

Clifton Ross
Surreal Honduras

Patrick Cockburn
Party of "Change" Challenges Old Guard in Kurdistan

William Polk
Report Card on Obama From a New Frontiersman

David Sterritt
Screening the Politics Out of the Iraq War

Ray McGovern
Hooded in Bush's Hood

David Lindorff
Cops Gone Wild

Hannah Mermelstein
"The War is With the Arabs"

Carl Ginsburg
The Actually Existing Health Care System

Helen Redmond
The Selling of Single-Payer Features

John Ross
The Song of the Guerrilla

Bill Simpich
Fair Play for Cuba and the Cuban Revolution

Mark Weisbrot
Learning From China on How to Beat the Recession

Lee Sustar
U.S. Labor in Crisis

David Macaray
Union Workers Forced to Accept Massive Cuts

Felipe Matsunaga
Obama's Slow (and Familiar) Dance With Cuba

Sara Mann
Why Health Care Will Kill My TV

Martha Rosenberg
Which is Worse? Germs in Our Food or the Antibiotics That Kill Them?

Missy Beattie
Cha-ching Culture

David Ker Thomson
Empty Nest: a Natural History of Now

Ron Jacobs
United4Iran, a Footnote

Stephen Martin
The Crying of Lots 1 Thru 50

David Yearsley
Psst, I Show You a Feelthy Gluck

Gilad Atzmon
Bruno: a Glimpse Into Zionism?

Kim Nicolini
Guilty Laughter in the Dark: Seeing Brüno Twice

Poets' Basement
Kakak and McLellan

Website of the Weekend
Dead Prez: Summertime

July 23, 2009

Jeffrey St. Clair
The Masters of Perfidy: AIG and the System

Saul Landau /
Nelson Valdés

Hypocrisy and the Honduran Coup: Term Limits Only Apply When Governments Help People

Jonathan Cook
The Reality of Israel's "Open" Jerusalem

Nadia Hijab
Israeli Warships in the Red Sea

Dave Lindorff
Living in a Police State: the Gates Incident

Laura Carlsen
21st Century Coups d'Etat

Steve Breyman
Bankers Beware?

Ellen Brown
How California Could Turn Its IOUs Into Dollars

Norman Solomon
Spinning Health Care

Jorge Mariscal
Youth Activists Demand Military-Free Schools

Website of the Day
Copy-Editing Sarah Palin

July 22, 2009

Bernard Chazelle
How to Argue Against Torture

Nikolas Kozloff
The Coup and the U.S. Airbase in Honduras

Carl Ginsburg
The Recovery, Phase Two

Clifton Ross
Back to the Future? Return to El Salvador

Anthony DiMaggio
Health Care, Media and the Case for Socialized Medicine

Michael Donnelly
The Whoppers Behind WOPR

Nadia Hijab
Memoirs of a Lost Arab World

Dedrick Muhammad
Structural Inequality: News Not Fit to Print?

Charles Thomson
Cronyism at the Tate

Alan Farago
Ted Williams and the Florida Keys

Website of the Day
Himmelstein: Howard Dean is a Liar

July 21, 2009

Sasan Fayazmanesh
The Iranian Election and Its Aftermath

Uri Avnery
Breaking the Silence on Israeli War Crimes

Dean Baker
Séance on Wall Street

Jonathan Cook
Team Twitter: Israel's Internet War

Dave Lindorff
Saving Private Bergdahl

Andy Worthington
Interrogating the Uighurs

David Macaray
Heat, Dust and OSHA

Carl Finamore
The Deferential Party

Harvey Wasserman
Cronkite and Three Mile Island

Walter Brasch
The Marie Antoinettes of Health Care

Website of the Day
Linebaugh: Magna Carta and the Commons

 

July 20, 2009

Pam Martens
Judicial Apartheid

Nikolas Kozloff
Honduras and the Big Stick: Obama's Bullish Behavoir in Latin America

Paul Craig Roberts
Threatening Iran

Deepak Tripathi
Obama's Policy on China and Iran

Ira Glunts
Netanyahu's Time Bomb: Building in the Vineyard of the Mufti

P. Sainath
Put Your Money Down, Boys

Binoy Kampmark
The Moon Landing and the Cold War

Stephen Fleischman
The First Anchorman

Norman Solomon
Cronkite and Vietnam: Beyond the Hype

Andy Worthington
Predictable Chaos as Gitmo Trials Resume

Ron Jacobs
Out of the Haze, Into the Darkness: Recalling 1979

Website of the Day
Why Publishing Can't be Saved (as it is)

 

July 17-19, 2009

Alexander Cockburn
"Watch What We Do, Not What We Say"

Nikolas Kozloff
Chiquita in Latin America: From Arbenz to Zelaya

Joanne Mariner
CIA Apples: Bad at the Top of the Tree

Joe Bageant
America's White Underclass

Jonathan Cook
Israeli Road Signs: Wiping Arabic Names Off the Map

Saul Landau
Why So Much Sympathy for Madoff's Dupes and So Little for the Poor?

John Ross
Jurassic Fallout in Mexico

Sue Sturgis
Senator Sessions, Race and Impartiality

Anita Sinha /
Daniel Farbman
The Ricci Case and the Myth of Special Treatment

Peter Morici
Obama's Donut Economics

Pervez Hoodbhoy
Whither Pakistan? A Five-Year Forecast

Ramzy Baroud
Gaza and the Language of Power

Greg Moses
The Real Demand Crisis

Kia Mistilis
The Niger Delta Crisis

Missy Beattie
The Placebo President

David Ker Thomson
How Not to See: Things to Tell Your Eyeballs

James G. Abourezk
Evil Spirits: the Booze Strip in Indian Country

Paul Richards
Why Does Jon Tester Want to Log Wild Montana?

Dave Lindorff
Dark Days for Working People (With Three Small Rays of Light)

Marc Levy
Just Like Hanoi Jane

Matt Siegfried
The Good War Goes Hot

Stephen Martin
Panopticon Blues

Ben Sonnenberg
Sembène's Faat Kiné

David Macaray
Casablanca: When Melodrama Trumped History

Charles R. Larson
A Pakistani, Victorian Novel Celebrating Women

David Yearsley
That's Women for You: Abbas Kiarostami's Così

Lorenzo Wolff
Death Rattle and Roll: the Sound From England's Gutters

Poets' Basement
Payne, Anderson and Williams

Website of the Weekend
Hitler Learns of Sarah Palin's Resignation

July 16, 2009

Paul Craig Roberts
What Economy?

Afshin Rattansi Iranian Planes and the Hidden Toll of Economic Sanctions

Gregory V. Button
The Search for Environmental Justice in Perry County, Alabama

Evan Knappenberger
Profile of a Deserter

Michelle Bollinger
Why is Leonard Peltier Still in Prison?

Russell Mokhiber
White House to ABC News: No Obama Single-Payer Doc

Belén Fernández
Iranian Penetration, Oh My!

Alice Walker
What is Torture Like? A Letter to Obama

Nicholas Dearden
Paying the Climate Debt: the G-8's Troubling Model

Albert Osueke
Sotomayor and the Identity Mountain

Website of the Day
Sotomayor for the Prosecution

 


July 15, 2009

Manuel Garcia, Jr.
The Assassination Bureau

Vijay Prashad
A Political Recession

Dean Baker
Stimulus Arithmetic

Ray McGovern
Cheney Sweating Bullets

Jonathan Cook
Jenin's Model of "Economic Peace"

David Rosen
Shouts From the Gallery: the Sotomayor Hearings and the Culture Wars

Eric Walberg
Uighurs vs. Afghans: a Study in Contrast

Greg Moses
Three Dimensions of a Complete Stimulus Plan

Sousan Hammad
Decolonizing Israel

Binoy Kampmark
The Trial of Charles Taylor

Tracy McLellan
The Story of My Arrest

Website of the Day
11 Days in Saudi Gitmo

July 14, 2009

Eamonn McCann
The Emperors of Bombast: Bono, U2 and the Crisis of World Capitalism

Joanne Mariner
Obama's New Euphemism

Franklin Spinney
The Taliban Rope-a-Dope

Steve Heilig
Walking Mount Tam: an Interview with Gary Snyder

Ali Abunimah
Hamas' Choice

Dave Lindorff
The End of "Nice" Health Care Reform

Nikolas Kozloff
The Politics of Destabilization: McCain and Honduras

Ellen Brown
From Golden State to Subprime State

Alice Slater
How US Missile Defense Plans Sabotaged Nuclear Disarmament Talks With Russia

Ron Jacobs
Protest U.S. Aggression

Joe Allen
The Fight to Save James Hickman in Jim Crow-Style Chicago

Website of the Day
Mel Brooks Does the French Revolution

July 13, 2009

Uri Avnery
The Essence of the Regime

Mike Whitney
The Deflating Economy

P. Sainath
How the World Depression Hits Orissa

Gareth Porter
A US / Iraq Conflict on Iran

Paul Moore
Rap in the Streets, Rap in the Suites

Tim Wise
Off the Deep End: Private Clubs, Public Prejudice

Andy Worthington Former Insider Shatters Credibility of Military Commissions

David Macaray
Cartoon Voices: Serf's Up in Hollywood

Cal Winslow
The Healthcare Worker War

Niranjan Ramakrishnan
Spring in the Time of Obama

Website of the Day
Washington's Deep Game with China

July 10-12, 2009

Alexander Cockburn
Obama's Biden Problem

José Pertierra
The Cuban Five: a Cold War Case in a Post-Cold War World

John Ross
After the Honduran Coup

Conn Hallinan
The Settlements and the Quartet

Nikolas Kozloff
C Street Band: Sex Scandals, Moral Hypocrisy and the Far Right Agenda in Latin America

Clifton Ross /
Marcy Rein

U.S. and Honduras: Dr. Jekyll and Mr. Good Neighbor

Carl Ginsburg
Summers' Clouded Crystal Ball

Michael Neumann
Say It Loud, Say It Proud: There is No God!

Gilad Atzmon
The Left and Islam: Thinking Outside of the Secular Box

Jeffrey St. Clair
The Parable of the Golden Parachute

Ellen Hodgson Brown
California Dreamin': How the State Can Beat Its Budget Woes

Jim Goodman
Rural America Needs More Than Listening Sessions

Christopher Bickerton
Europe's New Politics of Hard Times

Wendell Potter
Health Care Industry Adopts Tobacco Lobby's Tactics

Dave Lindorff
CIA Lies: Why Isn't Congress in Open Revolt?

David Ker Thomson
Switchbacking Toward Bastille Day

Anthony DiMaggio
The Michael Jackson Feeding Frenzy

Raymond Lawrence
Michael Jackson as Sexual Pervert: the Calumnies of Peter King

Walid El Houri
Neda and Marwa: a Tale of Two Murdered Women

Stephanie Westbrook
Yes, We Camp

Roger Gaess
The Shades of Highgate Cemetery

David Yearsley
Tara, America's Dream House

Kim Nicolini
Caution: Men at Work, Robbing Banks

Poets' Basement
Five Poems From the Japanese

Website of the Weekend
Free Tiga and Hugh!

 

July 9, 2009

Ronnie Cummings
How Industry Giants are Undermining the Organic Foods Movement

Jonathan Cook
Two-State Solution, Israeli-Style

Nikolas Kozloff
Honduran Destablization, Inc.: Otto Reich and the International Republican Institute

James Bovard
McNamara's Other Body Count

Norman Solomon Afghanistan: the Escalation Scam

Allan Nairn
Indonesia Gets to Pick Its Killer

Andy Worthington
Revamping the Military Commissions

Tomas Borge
The Sadsack Soldiers of Honduras

Nadia Hijab
Palestinian Titanic

Paul Krassner
How Jeff Goldblum Didn't Die

Website of the Day
Dave Lindorff Wants Your Money--Will Give Good Reports

July 8, 2009

Saul Landau
In Amazonia

Dean Baker
The Green Shoots are Dead: Why the Economy Needs a Third Stimulus

Winslow T. Wheeler
Gates, Congress and the F-22

Eric Walberg
Obama in Russia

Ray McGovern
Is Texas Harboring a Torture Decider?

David Rosen
When Sadism Goes Systematic: Prison Rape as Policy

Dr. Mona El Farra
Gaza From a Distance

Ron Jacobs
McNamara and the Post: When Idiocy and Hubris Merge

Benjamin Dangl
High Stakes in Honduras

Alan Farago
How I Almost Pitched McNamara Into the Sea

Website of the Day
Ayatollah So

July 7, 2009

Alexander Cockburn
McNamara: From the Tokyo Firestorm to the World Bank

Uri Avnery
Israeli Court Rebukes Military

Brian M. Downing
Crossing the Helmand

Gary Leupp
Biden, Israel and Iran

Gregory A. Burris
My Brush With Homeland Security

David Macaray
When in Doubt, Blame a Labor Union

Laura Flanders
Obama Hushes Health Care Advocates

Alan Farago
Princple Over Principal

Greg Moses
Texas Patels Take Over Dallas Bank

Dan Bacher
Three Big Lies About the Peripheral Canal

Website of the Day
Tragedy at Toncontin

July 6, 2009

Patrick Cockburn
Saddam Hussein's FBI Interviews

Diana Johnstone
Zionist Fanatics Practice Serial Vandalism in Paris

Nikolas Kozloff
Honduran Coup to Venezuelan Coup: Same Old Globalizers and Torture School Grads

Gary Leupp
Operation Khanjar Begins

Jonathan Cook
Israel Calls on Ultra-Orthodox Jews to Stop "Arab Takeover"

Tim Wise
Of Fireworks and False Memories

Franklin Lamb
Cynthia McKinney and the Kidnapping of the Spirit of Humanity

Charles R. Larson
Sarah Palin, Plain and Tall

Carlos Benemann
California's Bingo Bondage: Getting Paid in IOUs

Shepherd Bliss
The Soulless Machine: Caught in the Cellphone Snare

Jerry Kroth
Stuart Levey and World War III

Karyn Strickler
A Fell-Swoop Moment Missed

Website of the Day
The Rise in Military-Backed Public Schools

July 3-5, 2009

Alexander Cockburn
Gob Smacked

Eamonn Fingleton
Detroit's Collapse: the Untold Story

Jeffrey St. Clair
Is the Bald Eagle Really Back?

Mike Whitney
Running on Empty

Pam Martens
The Parable of Michael Jackson's Debts

George Ciccariello-Maher
The Counter-Revolution Will Not be Tweeted

Paul Craig Roberts
The Big Whorehouse on the Potomac

Patrick Cockburn
The Haggling Over Iraqi Oil

Anthony DiMaggio
A Perilous Path: Iraq and the Language of De-Escalation

Roger Burbach
Honduran Coup: Target Left?

John Ross
Left's Grip on Mexico City Slips

Nikolas Kozloff
Meet Jim Demint: Coup Apologist

Gareth Porter
The Iran Canard

Andy Worthington
Finally, a Trial Date in the African Embassy Bombings Case

Saul Landau
Bad Times, Worse Habits

David Macaray
How We Spend Our Money

Adam Federman
The Recovery That Wasn't

Jane Slaughter Labor's Vague Rally for Health Care

Russell Mokhiber Black Caucus Muzzled on Israeli Kidnapping of McKinney

Robert Jensen
Beyond Independence

Robert Bryce
Hey, Paul Krugman, Here are 2.4 Billion More Climate Traitors

Belén Fernandez
The Situation in Honduras

Missy Comley Beattie
Would Jesus Pack Heat?

C. G. Estabrook
La Cina e Vicina

Stephen Martin
The Fog of Economic War

Charles R. Larson
Adichie on Her Own

Lorenzo Wolff
A Voice Like a Newsreel: the Soul of James Carr and the Civil Rights Movement

Kim Nicolini
The System That Hijacked New York

Poets' Basement
Farrelly, Kazak and Stadler

Website of the Weekend
Paul Krassner v. Larry King

July 2, 2009

Andrew Cockburn
The Wall Street White House

Nikolas Kozloff
Spinning the Honduran Coup

Wendell Potter
Obama's False Friends of Health Care Reform

Ellen Hodgson Brown
California's Empty Wallet

Christian Christensen Iran: Networked Dissent?

Patrick Irelan
Lost in Patagonia

Binoy Kampmark Returning Iraq

Nicola Nasser
Ethnic Cleansing as State Policy

Brian Tokar
Climate Bill: Cap(italize) and Trade(Off)

Dan Bacher
Panama Canal North?

Website of the Day
Scheuer on Immigration: "The only chance we have as a country right now is for Osama bin Laden to deploy and detonate a major weapon in the United States."

July 1, 2009

Vijay Prashad
Iran and Us

Alberto Vallente Thorensen
Why Zelaya's Actions Were Legal

Paul Craig Roberts
Pirates of the Mediterranean

Robert Weissman
150 Years

Manuel García, Jr.
The New Crisis in Aviation

Victor Figueroa-Clark / Pablo Navarrete
Honduras, a Coup With No Future

Norman Solomon
The NYT and Troop Deaths: Abstract Quality Journalism

Franklin Lamb
Remembering Amnon Kapeliouk

Martha Rosenberg
When Doctors Boo

Diane Rejman
Mothers and Military Lies

Website of the Day
The Color of the Race Problem is White

June 30, 2009

Michael Hudson
Debt Deflation Arrives

Esam Al-Amin
Iran and Washington's Hidden Hand

Benjamin Dangl
Showdown in Honduras

Jonathan Cook
Israeli Doctors Collude in Torture

Franklin Lamb
Hezbollah After the Elections

George Wuerthner
Beetle Hysteria ... Again: the Truth About Bugs, Fires and Ecosystems

Todd Gordon
Acceptable Versus Unacceptable Repression

Ron Jacobs
Mark Sanford, Sexual Liberation and LGBT Equality

Kenneth Libby
Conditions for Citizenship

Julian Vigo
Feeling Michael Jackson

Website of the Day
Inside the Mega-Churches

 

June 29, 2009

Ishmael Reed
The Persecution of Michael Jackson

Nikolas Kozloff
The Coup in Honduras: Obama's Real Message to Latin America?

Clifton Ross
Coups and Constitutions: From Bolivia to Honduras

Patrick Cockburn
Why Iraq is Now the Most Corrupt Country on the Planet

Uri Avnery
Between Tel Aviv and Tehran

Conn Hallinan
Dealing With North Korea: Why Threats and Sanctions Will Backfire

James G. Abourezk
Where the Money Isn't Going

Ralph Nader
The Holes in Obama's Financial Regulation Plan

Carol Miller
Why Fiscal Conservatives Should Love Medicare-for-All

Greg Moses
Jobs First

Website of the Day
Key Leaders of Honduran Coup Trained in the US

June 26-28, 2009

Alexander Cockburn
The Hate Crimes Bill: How Not to Remember Matthew Shepard

Jeffrey St. Clair
Meet the Retreads: Obama's Used Green Team

Doug Peacock
Elk River: History and the Yellowstone

Daniel Wolff
The Night Before: a Glimpse of the Lenape

Mike Whitney
What the Big Banks Have Won

John Ross
The New York Times and Stolen Elections

David Rosen
Cry, Hypocrite, Cry: the Tradition of Sex Scandals and American Politicians

Emily Ratner
Thoughts on Manhood From the Rafah Tunnel

Gareth Porter
Airstrike Report Belies "Blame Taliban" Line

Farid Marjai
Green, But Not Velvet

Nadia Hijab
The Rift in Iran: Memo to the "Do Something" Brigade

Paul Craig Roberts
Gun Control: What's the Agenda?

Fred Gardner
FDR's Real Defining Moment: Ending Prohibition

Carl Ginsburg
Obama's Father's Day

Paul Watson
Fear and Loathing in Madeira

David Ker Thomson
Nothing

Farzana Versey
The Man in the Mirror: Michael Jackson as Tramp

Geoff Berne
Obama and Charter Schools: The Showdown at Schottenstein

Todd Alan Price
Ohio: Birthplace of Charter Education ... and Opposition to It

Ramzy Baroud
People for Sale in a Hungry World

Jeff Sher
Health Care Showdown

Dr. Carol Paris Despite My Arrest by Max Baucus, I Will Continue to Advocate for Quality Health Care for All

Walter Brasch Adultery as Family Value?

Glen Johnson
The Village and the Wall

Charlotte Laws
Hold the MSG!

Charles R. Larson
Dickens in Morocco, Sort Of

Kim Nicolini
The Erasure of Art

David Yearsley
Yankee Prof Takes on Dallas

Lorenzo Wolff
When the Songs Remain the Same

Poets' Basement
Larson, Davies, McLellan and Gardner

Website of the Weekend
Kayakers vs. Shell Oil

June 25, 2009

Kathy Kelly
Now We See You, Now We Don't

Jack Bratich
You Provide the Tweets, We'll Provide the Info War: the Media and the Iranian Protests

Wendell Potter
The Health Insurance Industry v. Health Care Reform: a Former Insurance Industry Insider Tells All

Charles R. Larson
Don't Cry for Him, Argentina! GOP Sex Scandal of the Week

Alan Farago
The Tears of Mark Sanford

Jonathan Cook
Israeli Firms Accused of Profiting Off Holocaust

Gareth Porter
Khobar Bombings: Telltale Signs of Saudi Fraud

Bitta Mostofi /
Bill Quigley

"You Will Not Get Past Us"

David Macaray
Six Ways to Reinvigorate Labor

Mark Schuller
Haiti's Elections: "Beat the Dog Too Hard"

Website of the Day
Worst Slide Story

June 24, 2009

Andrew Cockburn
How the U.S. Has Secretly Backed Pakistan's Nuclear Program From Day One

Dean Baker
Making Financial Regulation Work

Andy Worthington
The Story of Abdul Rahim al-Ginco

James Bovard
Obama and the Torturers

Diana Gibson /
Ray McGovern
Torture Eats the Soul

P. Sainath
The Age of the Everyday Billionaire

Gareth Porter
Investigating the Khobar Tower Bombing: Why Was Al Qaeda Excluded From the Suspects List?

Robert Alvarez
The Department of Energy's Nuclear Albatross

Dave Lindorff
Medicare for All

Steven Colatrella Remembering Giovanni Arrighi

Website of the Day
Protest as Terrorism

 

June 23, 2009

David Price
Obama's Classroom Spies

Patrick Cockburn
Iraq Reels Toward a New Era

James Ridgeway /
Jean Casella
Bi-Partisan Bull on Health Care: Three Ex-Senators Get It Up for the Health Care Industry

Dave Lindorff
Using the Economic Crisis to Attack Workers

Carmelo Ruiz-Marrero
Puerto Rico: Biotech Island

Gary Leupp
Dennis Ross Moves to the White House

Brian M. Downing
The Erosion of the Mullahs' Monolith

Robert Bryce
Are Theocracies Doomed?

Nicholas Dearden
The G8 is Dead

Yousef Munayyer
Seeing Through Israeli Delay Tactics

Website of the Day
The Great White Father of America

June 22, 2009

Michael Hudson
Obama's (Latest) Surrender to Wall Street

Esam Al-Amin
What Actually Happened in the Iranian Presidential Election? A Hard Look at the Numbers

Chris Floyd
Dexter's Legions in Afghanistan

Jack Z. Bratich
The Fog Machine: Iran, Social Networks and Genetically Modified Grassroots Organizations

Atash Yaghmaian
We Children of the Revolution

Laura Carlsen
Victory in the Amazon

Paul Craig Roberts
The U.S. Regime-Change Recipe for Iran

Vijay Prashad
Gun v. Butter: Now You are Only Poor

Fred Gardner
Charles Lynch Gets a Year and a Day (No Thanks to Eric Holder)

Andy Thayer
The Blank Check: How We Got the Obama-DOMA Debacle

David Macaray
Unions and the Newspaper Crisis

Website of the Day
The Most Spied Upon Town in America?

 

June 19 - 21, 2009

Alexander Cockburn
I Become an American

Jeffrey St. Clair
Firebrand: Rod Coronado's Flame War

Patrick Cockburn
Who Will Control Iraq's Oil?

Al Giordano
What the Left Should be Learning From Iran

Henry A. Giroux
The Iranian Uprisings and the Challenge of the New Media

Anthony DiMaggio
The Electoral Façade

Paul Craig Roberts
Are the Iranian Protests Another US Orchestrated "Color Revolution?"

John Ross
46 Dead Mexican Toddlers: Sacrificed on the Altar of Neoliberalism

Gareth Porter
Spinning Civilian Deaths in Afghanistan

Carl Ginsburg
Obama's Bix Fix: Placating the Bankers, Again

Tommi Avicolli Mecca
40 Years After Stonewall: From Smash the Church to Going to the Chapel

Joe Bageant
Workers' Rights: No Balls, No Gains

Serge Halimi
Protectionism: We've Been Here Before

P. Sainath
Price of Rice, Price of Power in India

Jim Goodman
The Claim Deniers: Why the Health Insurance Industry Doesn't Deserve Our Trust

Dave Lindorff
Obama's Health Care Waterloo

Rannie Amiri
Bush Jumps Over Maine, Carter Lands in Gaza

Robert Fantina
Iran, Obama and McCain

Harvey Wasserman
Big Nuke's Radioactive Hoax in Impoverished Ohio

Walter Brasch
They Got Away With Murder: 12 Angry White People

David Ker Thomson
This Moment's Bill of Rights

Charles R. Larson
No Voice: Telling Her Mother's Story

David Yearsley
Escape From the Torture Chamber

Kim Nicolini
When the Closet is the Culprit

Ben Sonnenberg
Rossellini and the Art of Ambiguity

Poets' Basement
Beatty and Kowitt

Website of the Weekend
Grown in Yellowstone, Slaughtered in Montana

 

 

 

 

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July 27, 2009

Shrinks and Torture

Will the American Psychological Association Renounce the Nuremberg Defense?

By STEPHEN SOLDZ

The long-standing struggle within the American Psychological Association over involvement of psychologists in potentially abusive national security interrogations is heating up again, this time with a dispute over its ethics code. In 2002, the APA added the infamous standard 1.02 to its code. This standard allows psychologists to ignore the other provisions of the code when it conflicts with "law, regulations, or other governing legal authority."
With its echoes of the universally reviled Nuremberg Defense - "I was just following orders" - of the Nazi doctors and others tried for war crimes after World War II, this standard has been deeply disturbing to many APA members and others. This code is binding upon all APA members and upon most licensed psychologists in the country as most, perhaps all, states require those receiving licenses to adhere to the APA code. Standard 1.02 built a loophole into the ethics code that allowed any unethical behavior by those following military or other governmental orders.

Interestingly, in an unenforceable aspirational section of the ethics code, the wording is different:

"If the conflict is unresolvable via such means, psychologists may adhere to the requirements of the law, regulations, or other governing authority in keeping with basic principles of human rights." [Emphasis added.]

After World War II, as the allies planned the prosecution of Germans for crimes committed during the war, they anticipated the possibility that defendants would use the defense that they were "just following orders" and were thus not morally culpable for their actions. The rules governing the Nuremberg trials stated:

"The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

This defense of following orders has been known ever since as the "Nuremberg defense" and has been regularly rejected in both U.S. and international law.  In fact, the very term "Nuremberg defense" is often derided as the attempt of scoundrels to avoid moral and criminal responsibility.

In the wake of reports of psychologists aiding the Bush regime program of torture and detainee abuse, having the Nuremberg Defense in the APA's ethics code took on added significance. Potentially, it could allow psychologists involved in detainee abuse or torture to escape future liability for these abuses  before the APA or state ethics committees.  Further, since violating professional ethics could be introduced as evidence in the unlikely possibility of future war crimes trials, 1.02 could provide some protection in potential future trials.

Human rights advocates within the APA have experienced revulsion at an ethics code that is effectively gutted by including the Nuremberg Defense. As Ken Pope, a former Chair of the APA Ethics Committee who has since resigned from the association wrote in a statement sent to thousands of psychologists:

Nuremberg’s message of inescapable ethical responsibility and accountability came at an unfathomable price.  It should never be set aside and forgotten, especially in a profession’s formal statement of its ethical values.

The APA Council directed as early as 2005 that the association's Ethics Committee evaluate and recommend an alternative to this standard; some discussions were held, but year after year, no action was taken. At its August 2008 meeting, Council again directed the Ethics Committee to make a recommendation regarding changes that would resolve the discrepancy between the aspirational "in keeping with basic principles of human rights" and the absence of any human rights restriction to following orders in the enforceable section of the code.  This recommendation was to be presented to the August 2008 Council meeting.

During the year there was an open comment period during which over 80 psychologists posted comments on the APA web site. Interestingly, a number of military psychologists objected strongly to changing this standard. Among these were Morgan Banks and Larry James, both of the APA's infamous PENS [Psychological Ethics and National Security] task force that, dominated as it was by military psychologists, gave the stamp of approval to psychologists participating in Bush-era interrogations.  Also among those against changing 1.02 was Debra Dunivin, a Former BSCT psychologist at Guantanamo and wife of a former top APA official, Russ Newman, who played a major behind the scenes role in guiding the PENS task force. All three of these commentators served in chains of command that have been accused of abuses.

Joining the military psychologists in rejecting change were virtually all of the most powerful committees within the APA's governance structure. Thus, the powerful Committee on Legal Issues, the Board for the Advancement of Psychology in the Public Interest, the Board of educational Affairs, the Board of Professional Affairs, and the Board of Scientific Affairs recommended against any change in 1.02. several, more peripheral committees, including the Committee on Aging, the Committee on Disability Issues in Psychology, the Committee on International Relations in Psychology, and the Committee on Animal research and Ethics did support change.

One month before this August's Council meeting, the Ethics Committee made its recommendation. After four years of deliberations, they recommended no change in standard 1.02, but, rather, an additional lengthy period of discussion.. They did issue an apparently hastily-written statement that they would not accept a defense of "following orders" to ethics violations involving torture. This statement, however, is totally inadequate for several reasons:

  • First, it is of dubious legality, as it directly conflicts with the code (1.02) itself.

  • Second, such a statement is not binding on future Ethics Committees.

  • Third, it has no status with state licensing boards that adopt the APA code.

  • Finally, and most important, there are many other human rights abuses that may be authorized by law or orders that the EC statement will not cover.

The Ethics Committee recommendation follows on the heels of a letter from the APA Board on the torture-interrogations issues that was deemed woefully inadequate by association critics and activists seeking change. This Board letter recently was criticized in an Open Letter from a broad range of psychological, health, and human rights organizations. This Letter called for five actions by the APA, including change in 1.02 and other problematic sections of the ethics code. In particular, it calls upon the APA to:

"Develop a clear and rapid timetable to remove Sections 1.02 and 1.03 [the `Nuremberg defense' of following orders] from the APA Code of Ethics. [We note that the APA Ethics Committee has stated that they will not accept a defense of following orders to complaints regarding torture; this statement is a welcome improvement but it is clearly inadequate as it is not necessarily binding on future committees nor does it cover abuses falling under the category of cruel, inhuman, or degrading treatment.] Revoke the equally problematic Section 8.05 of the Code, which dispenses with informed consent `where otherwise permitted by law or federal or institutional regulations,' and Section 8.07, which sets an unacceptably high threshold of `severe emotional distress' for not using deception in the ethics of research design."

The Ethics Committee recommendation rejects this and many other calls for change. If Council concurred with this recommendation, the Nuremberg Defense wouldl stay in the code for at least  the many additional years of deliberation called for by the Committee.

The Ethics Committee's recommendation was met with withering criticism from members. After initially refusing to respond to critics, the APA President and Board, sensing a pending PR disaster, responded positively to a motion from the members of Council who wrote the 2008 resolution directing the Ethics Committee to act by this august. Now these resolution Movers, as they were know, the President and the Board have united behind another six month delay, directing the Ethics Committee to recommend changes in 1.02 by the February Council meeting. Notice that they entrust this important task to the same Ethics Committee that only weeks before concluded four years of effort by recommending no change.

In a typical APA fashion, the Ethics Committee suddenly saw the wisdom of what they had just rejected.  Presumably, those committees that had weighed in heavily against change will, for the time being at least, miraculously discover its value.The association is set for another long wait to see if this promise of change is any more sincere than any of the others over the last our years.

Whether or not it ultimately gets reversed, the Ethics Committee's embrace of the Nuremberg Defense also was taken by many as yet another sign that the loyalty of the APA leadership to the military-intelligence establishment is greater than its loyalty to its members. After all, last September those members decisively rebuked the APA leadership by passing by a 59% to 41% margin a referendum declaring that psychologists, whether involved in interrogations or treatment of detainees, do not belong in detention centers violating international law or the Constitution: "unless they are working directly for the persons being detained or for an independent third party working to protect human rights" [There is an exception for those psychologists treating US military personnel.]

The APA leadership, while nominally acknowledging the passage of the referendum and placing it "in effect" have treated it as an abstract statement with no direct action implications. They have undermined the clear sense of the voting members that psychologists do not belong at Guantanamo or other sites.  This leadership has stymied efforts to apply the referendum to any actually existing detention facility, such as Guantanamo or Bagram, where indefinite detention without trial and other violations of human rights are still in effect.

In response to the disappointing Ethics Committee recommendation, leading to, at best, additional delay in removing the Nuremberg Defense from the Ethics Code, as well as the failure to fully implement the member-passed referendum,  activists are discussing how to respond to what they view as an unacceptable bending of professional ethics to the wishes of the military-intelligence establishment. Some  members are contemplating resigning, joining many who have previously taken that step. Others may hold their breathe and see if, this time, perhaps, APA leaders really mean change. Meanwhile there has been no action on the other major actions, including other essential ethics code revisions, recommended in the Psychologist/Human Rights groups Open Letter:

"1. Fully implement the 2008 referendum as an enforceable section of the APA Code of Ethics. This entails a public announcement that APA policy and ethical standards oppose the service of psychologists in detention facilities at Guantanamo Bay Detention Camp, Bagram Air Base, CIA secret prisons, or in the rendition program.

"2. Annul the June 2005 PENS Report due to the severe and multiple conflicts of interest involved in its production.

"3. Bring in an independent body of investigative attorneys to pursue accountability for psychologists who participated in or otherwise contributed to torture or cruel, inhuman, or degrading treatment. APA should also: (a) clarify the status of open ethics cases and (b) remove the statute of limitations for violations involving torture or cruel, inhuman, or degrading treatment, so as to allow time for information on classified activities to become public.

"4. Develop a clear and rapid timetable to remove Sections 1.02 and 1.03 [the "Nuremberg defense" of following orders] from the APA Code of Ethics. [We note that the APA Ethics Committee has stated that they will not accept a defense of following orders to complaints regarding torture; this statement is a welcome improvement but it is clearly inadequate as it is not necessarily binding on future committees nor does it cover abuses falling under the category of cruel, inhuman, or degrading treatment.] Revoke the equally problematic Section 8.05 of the Code, which dispenses with informed consent “where otherwise permitted by law or federal or institutional regulations,” and Section 8.07, which sets an unacceptably high threshold of “severe emotional distress” for not using deception in the ethics of research design.

"5. Retain an independent investigatory organization to study organizational behavior at APA. Due to potential conflicts of interest, independent human rights organizations should be enlisted to select this investigatory entity. The study should address, among other things, possible collusion in the PENS process and the 2003 APA-CIA-Rand conference on the Science of Deception, attended by the CIA’s apparent designers of their torture program [James Mitchell and Bruce Jessen] during which “enhanced interrogation” techniques were discussed. The study should explore how the APA governance system permits the accumulation of power in the hands of a very small number of individuals who are unresponsive to the general membership. It should also propose measures to return the APA to democratic principles, scientific integrity, and beneficence, including restructuring for greater transparency and the assimilation of diverse viewpoints."

Until these five actions are undertaken, the APA will still not have extricated itself from its close engagement with the Dark Side.

Stephen Soldz is a psychoanalyst, psychologist, public health researcher, and faculty member at the Boston Graduate School of Psychoanalysis. He edits the Psyche, Science, and Society blog. He is a founder of the Coalition for an Ethical Psychology, one of the organizations working to change American Psychological Association policy on participation in abusive interrogations. He is also a Steering Committee member of Psychologists for Social Responsibility [PsySR]. He can be reached at: mailto:ssoldz@bgsp.edu

 

 

 

 

 

 

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