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Here's the second in Alexander Cockburn and Jeffrey St. Clair's series as they describe Hillary Clinton's years in Little Rock and her narrow escape from federal charges that would have destroyed her political career for ever. PLUS KEVIN ALEXANDER GRAY on how Hillary Clinton, Barack Obama and John Edwards are failing Black America even as they hunt for votes in So uth Carolina's "Black Primary." Get your copy today by subscribing online or calling 1-800-840-3683 Remember contributions to CounterPunch 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 August 22, 2007 Marc
Levy
Saul
Landau Alan
Farago John
Stauber Phillip
Rizk Debbie
Nathan Binoy
Kampmark Martha
Rosenberg Sunsara
Taylor Website
of the Day
August 20, 2007 Paul
Craig Roberts Uri
Avnery Rannie
Amiri John
Ross Harvey
Wasserman Robert
Billyard Dave
Lindorff James
Rothenberg David
"DC" Larson Website
of the Day August 18 / 19, 2007 Alexander
Cockburn Saul
Landau Ralph
Nader Patrick
Cockburn Robert
Fantina Robert
S. Eshelman P.
Sainath Dave
Lindorff Anthony
DiMaggio Fred
Gardner Ron
Jacobs Tom
Turnipseed Paul
Krassner Ben
Tripp Andrew
Wimmer Nancy
Oden N.D.
Jayaprakash Rick
Smith Missy
Beattie Poets'
Basement Website
of the Weekend
Joanne
Mariner Paul
Craig Roberts Shepherd
Bliss Dave
Lindorff John
Muthyala Patrick
Cockburn Sherwood
Ross Phil
Doe David
Michael Green Website
of the Day
Jonathan
Cook Christopher
Brauchli Norman
Solomon Lee
Sustar / George
Bisharat Binoy
Kampmark Evelyn
Pringle Hugo
Blanco Website
of the Day
August 15, 2007 Paul
Craig Roberts Michael
Neumann Jordan
Flaherty Sonja
Karkar Felice
Pace Joshua
Frank Dave
Lindorff Carla
Blank David
Vest Harvey
Wasserman Peter
Rost, M.D. Russell
Mokhiber Website
of the Day
August 14, 2007 Paul
de Rooij Winslow
T. Wheeler David
Rosen Gary
Leupp Clifton
Ross Muhammad
Idress Ahmad Jacquelyn
Godin Uri
Avnery Ramzy
Baroud James
McEnteer Website
of the Day
August 13, 2007 Jeremy
Scahill F.
William Engdahl Alexander
Cockburn Kathy
Kelly Chris
Floyd Paul
Craig Roberts William
Blum Kenneth
Couesbouc Rannie
Amiri Brenda
Norrell Fran
Shor Ron
Jacobs Website
of the Day
August 11 / 12, 2007 Alexander
Cockburn Stan
Goff Ralph
Nader Vijay
Prashad Greg
Moses Alan
Farago Patrick
Cockburn Ben
Tripp Robert
Fantina John
Ross Seth
Sandronsky Paul
Krassner Website
of the Weekend
August 10, 2007 Paul
Craig Roberts Stan
Goff Marjorie
Cohn Saul
Landau Chris
Floyd Daniel
Ellsberg Anthony
Papa Farzana
Versey Sgt.
Kevin Benderman Nuri
Nuri Website
of the Day
August 9, 2007 Stan
Goff Paul
Craig Roberts Alan
Farago William
S. Lind Doug
Giebel Harvey
Wasserman Jacob
Hill Raul
Zibechi Dave
Zirin Website
of the Day
August 8, 2007 Andy
Worthington Jeff
Halper Greg
Moses Nurit
Peled-Elhanan Sukant
Chandan Robert
Fisk George
H. Strauss D.K.
Wilson Bill
Day Tim
Campbell Website
of the Day
August 7, 2007 Patrick
Cockburn Andy
Worthington Kathy
Kelly Stan
Cox Sonja
Karkar Sen.
Russ Feingold Alan
Farago Norman
Solomon Binoy
Kampmark Dave
Lindorff John
Stauber Website
of the Day August 6, 2007 Bill
Quigley Kathy
Rentenbach Uri
Avnery Col.
Dan Smith Ralph
Nader James
Neshewat D.K.
Wilson Greg
Moses Fidel
Castro Mike
Whitney
August 4 / 5, 2007 Alexander
Cockburn Peter
Linebaugh Saul
Landau Alan
Farago Dave
Zirin Barucha
Calamity Peller Anthony
DiMaggio Dave
Lindorff Fred
Gardner Nicola
Nasser Benjamin
Dangl Rannie
Amiri Daniel
Gross Sherwood
Ross Manuel
Garcia, Jr Missy
Beattie Ron
Jacobs Website
of the Weekend
August 3, 2007 Gabriel
Matthew Schivone Jonathan
Cook Patrick
Cockburn Little
Steven Van Zandt Christopher
Brauchli D.
K. Wilson Linda
Ford and Ira Glunts Kelly
Overton Monica
Benderman Manuel
Garcia, Jr. Website
of the Day
August 2, 2007 Paul
Craig Roberts Stanley Heller Eric
Ruder Robert
Fantina Alan
Farago Chris
Floyd Franklin
Lamb Sen.
Russ Feingold Anthony
Papa Norman
Solomon Website
of the Day
August 1, 2007 Debbie Nathan Fred
Gardner Gary
Leupp David
Rosen Winston
Warfield Daniel
McBride Glen
Ford Thomas
P. Healy John
V. Whitbeck David
Krieger Website
of the Day
July 31, 2007 Kathy
Kelly Clancy Sigal Paul Krassner Joe
DeRaymond Diane
Christian Chris
Floyd Ramzy
Baroud Alan
Farago Fidel
Castro Dan
Bacher
July 30, 2007 Marjorie Cohn: Independent Counsel Time Patrick Cockburn Peter Quinn Uri Avnery John Ross Ron
Jacobs David
Vest Jeffrey
St. Clair Website
of the Day
July 28 / 29, 2007 Alexander
Cockburn Ralph
Nader Robert
Fantina Fred
Gardner
July 27, 2007 John
Ross Arthur
Neslen Dave
Lindorff Julene
Blair Christopher
Brauchli Jesse
Hagopian Charles
Modiano Bill
Day Walter
Brasch M.D.
Mitchell Website
of the Day
July 26, 2007 Kathleen
Christison Andy
Worthington Clancy
Chassay Marjorie
Cohn Susie
Day David
Price Marie
Trigona Norman
Solomon William
S. Lind Natsu
Saito John
Stauber Website
of the Day
July 25, 2007 Andy
Worthington Gary
Leupp Ray
McGovern Dr.
Susan Block Joshua
Frank Tina
Richards Ben
Terrall Farzana
Versey Mohammad
Ali Salih Laura
Carlsen Ron
Jacobs Sunsara
Taylor Website
of the Day
Saul
Landau Kathy
Kelly Russell
Mokhiber M.
Shahid Alam Patrick
Cockburn and Anne Penketh Dave
Lindorff Binoy
Kampmark Richard
Neville Cindy
Sheehan Evelyn
Pringle Norman
Solomon CP
Newswire Website
of the Day
July 23, 2007 Andy
Worthington Uri
Avnery Patrick
Cockburn Sousan
Hammad John
Walsh Harvey
Wasserman Martha
Rosenberg Collin Baber
Reza
Fiyouzat Stephen
Lendman Website
of the Day
July 21 / 22, 2007 Alexander
Cockburn Werther Ralph
Nader David
Keen Fred
Gardner Gary
Leupp Robert
Fantina Saker Rannie
Amiri Mike
Whitney Dr.
Susan Rosenthal, MD Monica
Benderman Dan
Bacher Michael
Baney Missy
Beattie Ron
Jacobs Adam
Engel Thomas
Naylor Poets'
Basement Website
of the Weekend
July 20, 2007 Eliza
Szabo Pam
Martens Alan
Farago Harvey
Wasserman Marjorie
Cohn Dave
Zirin Anthony
DiMaggio Scott
Liebertz Linn
Washington, Jr. Bill
Piper / Anthony Papa Ramzy
Baroud Website
of the Day
July 19, 2007 Patrick
Cockburn Remi
Kanazi Winslow
T. Wheeler Sharon
Smith Dave
Lindorff Conn
Hallinan D.
K. Wilson Joshua
Frank Norman
Solomon Russell
Hoffman Ray
McGovern Website
of the Day July 18, 2007 Brenda
Norrell Col.
Dan Smith Martha
Rosenberg Conn
Hallinan Binoy
Kampmark Patrick
Bond / Tom
Johnson Paul
Craig Roberts Bob
Quellos Felice
Pace Robert
Weissman CP
Newswire Website
of the Day
July 17, 2007 Patrick
Cockburn Marjorie
Cohn Evelyn
Pringle David
Rosen Susan
Miller Franklin
Lamb Don
Monkerud Harvey
Wasserman Russell
Hoffman Dave
Lindorff Dave
Zirin Website
of the Day
July 16, 2007 Gary
Leupp Ellen
Cantarow Paul
Craig Roberts Allan
J. Lichtman Dan
Bacher Patrick
Cockburn Manuel
Garcia, Jr. James
Brooks Liaquat
Ali Khan Julie
Flint Website
of the Day
July 14 / 15. 2007 Alexander
Cockburn Andy
Worthington Ralph
Nader Robert
Fantina Ron
Jacobs Joshua
Frank Conn
Hallinan Dr.
Susan Rosenthal, MD John
Ross Fred
Gardner Rannie
Amiri Charles
Modiano Anthony
DiMaggio China
Hand Missy
Comley Beattie Dr.
James J. Murtagh, Jr. Kenneth
Rexroth Poets'
Basement Website
of the Weekend
July 13, 2007 Patrick
Cockburn Winslow
T. Wheeler Imran
Khan Todd
Chretien Sam
Husseini Dr.
Herman Mindshaftgap Anthony
Papa D.
K. Wilson David
Michael Green Website
of the Day
July 12, 2007 Paul
Craig Roberts Robert Jensen Dr. Susan Block Joshua Frank John Chuckman Corporate Crime
Reporter Mike Whitney Nicola Nasser Richard Rhames William S.
Lind Website of the Day
July 11, 2007 Patrick
Cockburn Richard
Neville Debra
McNutt John
V. Walsh Scott
Liebertz George
C. Wilson James
McEnteer Philip
Rizk Johnny
Hazard Dave
Lindorff Website
of the Day
July 10, 2007 James
Ridgeway Tariq
Ali Javed
Hussein William
Blum Ralph
Nader Jay
Arena Anthony
DiMaggio Eva
Liddell Jerry
Kroth Alice
Woodward Nikolas
Kozloff Paul
Shannon Website
of the Day
July 9, 2007 Fidel
Castro Diana
Johnstone John
Walsh Uri
Avnery Ramzy
Baroud John
Ripton Stephen
Lendman Bruce
Jackson Michael
Donnelly Doug
Giebel Website
of the Day
Saul
Landau Ismael
Hossein-zadeh Fawzia
Afzal-Khan John
Ross Pat
Williams Rannie
Amiri Farzana
Versey Bart
Gruzalski Paul
Rockwell Reza
Fiyouzat Monica
Benderman Kenneth
Couesbouc Dave
Lindorff Charles
Modiano Missy
Beattie Dal
LaMagna Jean
Gerard Anne
Dachel Ron
Jacobs Poets'
Basement Website
of the Day
Daniel
Ellsberg Gary
Leupp Harvey
Wasserman Omer
Subhani Marjorie
Cohn Christopher
Brauchli David
Michael Green China
Hand Renee
Saucedo Corporate
Crime Reporter Website
of the Day
July 5, 2007 Andy
Worthington Mike
Stark Norman
Solomon Michael
Schwartz Susie
Day Jacob
Hornberger Bill
Hatch Don
Fitz John
Wright Website
of the Day
July 4, 2007 St.
Clair / Frank Vijay
Prashad Carl
G. Estabrook Ron
Jacobs David
R. Dow Claudia
Johnson William
S. Lind Gregory
Afghani Paul
Edwards D.
K. Wilson Niranjan
Ramakrishnan Thomas
Jefferson Cindy
Sheehan Website
of the Day
Bill
Quigley Gary
Leupp Lynda
Brayer Richard
Thieme Helen
Redmond David
Swanson Jacob
Hornberger Ayesha
Ijaz Khan Franklin
Lamb Ray
McGovern Kevin
Zeese Dave
Lindorff Website
of the Day
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August 22, 2007 A Subservient Federal Judiciary and the National Security StateWhen Courts Bow Down to SecrecyBy LAWRENCE R. VELVEL In case after case we see what little regard the federal judiciary has for truth, for honesty. Rather than invoke the "old fashioned" concept of the need for truth and honesty, the courts find reason after reason, in one field after another, for overriding these ancient human necessities. It makes no difference whether judges were, and were appointed by, Republicans or Democrats; the judges are all alike. Whether the field is national security, business crookedness, hide-the-truth privileges or anything else is no matter. Truth and honesty come in last. Indeed, often -- even usually -- they are not even mentioned. That is shocking, but is so. One of the latest examples is a lawsuit regarding her memoir brought by Valerie Plame Wilson. The problem began when Wilson wanted a waiver from the CIA allowing her to begin receiving her deferred annuity at a younger age than the normal minimum. In February 2006 the CIA wrote her a letter refusing to do this (on the ground that the minimum age is a statutory requirement that could not be waived). The letter stated her dates of service, dates nobody gainsays. The dates were not said to be classified. In fact, the whole letter was unclassified. After Plame got the February 2006 letter, a Congressman introduced a "private bill," in January 2007, that would allow her to receive her deferred annuity earlier than the statute otherwise allowed. The Congressman put a copy of the February 2006 letter refusing a waiver into the Congressional record in support of the need for the private bill. With certain exceptions not pertinent here, the version of the February 2006 letter placed in the Congressional record was identical to the original. It thus stated when Plame started at the CIA. After being placed in the CongressionalRecord, the letter became and remained publicly available on the internet on the Library of Congress' website. Three days after the letter
was put in the Congressional Record, the CIA told Plame that
the February letter contained (unidentified) classified information.
They made her return it, and sent her back a version So, to recapitulate: The CIA first sent Plame an unclassified letter identifying her dates of service. That letter was public because it was put in the Congressional Record and on the internet. The CIA then claimed the information was confidential and redacted it although it was already in the Record and on the internet. Meanwhile, Plame wanted to publish a memoir she had been writing. It gave her dates of service. In September 2006, she submitted the manuscript to the CIA for vetting, as required. The CIA said she could not disclose her dates of service prior to 2002 in the manuscript because that information is classified. Plame sued over this at the end of May 2007. The federal district court (i.e., a federal trial court judge) ruled against her on August 3, 2007. The judge, named Barbara Jones, who sits in New York City, said that because Plame's dates of service prior to 2002 are classified, they cannot be published in her book. That they are already in the Congressional record and on the internet -- with nobody denying the veracity of those dates -- is irrelevant. The opinion did not mention any need or desire to liberate truth or honesty. Now the fact is, of course, that whether Plame can put her dates of service prior to 2002 in her memoir would seem small potatoes in view of the fact that the (uncontested) information is already public. Maybe what she speaks of in the memoir would in some way be more understandable if her dates of service were in the memoir, but, on the other hand, maybe it would make no difference. The big noise from Winnetka, the important point, is that the (uncontested) information already is public, so that nothing of possibly serious consequence can be hidden by keeping the dates out of the memoir. The real importance of the judge's decision, then, is not that she is keeping truth out of the public record. She is not doing so. The real importance is the attitude her opinion bespeaks towards classification and secrecy, an attitude that pervades the federal judiciary in other cases where it does keep important information from the public's knowledge, and an attitude that pervades much of the country because of the national security state mentality that has become prevalent. It is hard to imagine a judge, or any sensible person, saying that information which is not secret, but is widely public, must be kept secret. This is illogical, is a contradiction in terms, but is exactly what has happened here. And it happened here for two interrelated reasons plainly discernible from the very same parts of the opinion. One reason is that the judge has bought into and is furthering the national security state, the kind of state that is going to end up destroying this country. Second is that, because of this buy-in, the judge, like other federal judges, willingly accepts any bull manure, any crapola, put forth by the CIA to justify what it has done. The essence of the judge's excuses is this: The courts must bend over backwards to defer to the CIA -- must fall on their faces backwards to defer to it (to speak in physiological impossibilities) -- when it claims the release of information poses a risk to intelligence gathering. Here the dates of Plame's service prior to 2002 were never declassified, and the CIA says an "official" acknowledgement of the dates of Plame's service (presumably by permitting the dates to now be published in her book) would harm national security. Whereas in the absence of official acknowledgement, protection is provided because "the public [is left] to guess" whether the dates in the February 2006 letter are accurate. It is irrelevant that Plame argues that the government "cannot 'plausibly deny'" the truth of the dates set forth in the February 2006 letter that is in the Congressional Record and on the internet (dates which, to reiterate, are uncontested). That national security would be harmed is the burden of an affidavit submitted by a CIA official in (presumably differing) classified and unclassified versions, and the CIA official's "explanation is reasonable." Reading between the lines, one sort of gathers that the reason the affidavit supposedly is reasonable is that, if people abroad learn the official dates of Plame's service, they may try to determine what secrets of their own may have been compromised by some association with Plame. Also, '"face-saving may often be as important as substance'" in international affairs, so that "'official confirmation'" of Plame's dates of service "'could have an adverse effect on our foreign relations.'" To prove this, the judge cited another case saying Khrushchev cancelled a summit meeting not because U-2's had flown over the Soviet Union, which he knew, but because Eisenhower "'had publicly admitted that he had approved the mission.'" So there you have it. We must defer to the CIA. If it says information must be hidden, then it must remain classified even though it is open for all the world to know -- supposedly the world will be left guessing because of continuing classification, even though the information is already public and incontestable. Also, admitting what we've done -- i.e., speaking truth -- will cause serious problems. So we have to cover up truth and/or lie. Since we must defer to the CIA, if it says up is down or down is up, or that truth is falsity or falsity is truth, then the courts must say so too. This is, of course, the mentality of a national security state (of a Nazi Germany or a Stalinist Russia) - - which is what we have become. Quite often this mentality of hiding the truth or lying won't even work in the short run, and in the long run it will destroy the country because of mistakes fomented by secrecy and the twin that secrecy almost always lead to: lying. In the short run here, nobody is really left to guess about Plame's dates of service, and you can bet your sweet bippy that, as soon as the information first became public, foreign nations and services that feltthey might have been compromised began reviewing any mutual activities with which Plame was connected in order to determine the possible degree of compromise. That is what we do. Why would anyone think that foreigners would not do the same? Only the incompetent CIA and the German judges of the federal judiciary would act as if it were not true. (For an unrelieved blast at the incompetence of the CIA, read Tim Weiner's recent book, "Legacy of Ashes"). The simple fact, as shown by the Khrushchev example, by the secret wars Nixon created in Laos and Cambodia, and even by the court's statement that "Leaving the public to guess carries some degree of protection" (emphasis added), is that the only people wh o can be fooled are American citizens. Our enemies know what we are doing when we bomb them, or soon learn what we are doing, as when we engage in secret special ops against them or when their people who use certain financial channels get rolled up. It is the American people who don't know what we are doing, or who are the last to learn. And, in the end, that is the only real purpose of foolish secrecy like not "officially" admitting Plame's dates of service. In the long run, in the greater scheme of things, secrecy, and the dishonesty it spawns, do little but create disaster. In my book Thine Alabaster Cities Gleam, it has been pointed out that virtually every societal and economic disaster has gestated in secrecy. The Bay of Pigs, Viet Nam, the bombing of Cambodia, and Laos, the savings and loan debacle, the Enron debacle and the associated economic disaster -- all of these were hatched in secrecy and associated lies. For practical purposes, so was the current war in Iraq. It seems to me possible that a forthcoming book by a gentleman named Mark Gerstein is going to say things that will further impress this on the public consciousness. Recently Dan Ellsberg sent various people drafts of the Preface and the Afterword he wrote for the book. One gathers from them that secrecy was the nourishing womb of disasters right and left discussed by Gerstein. E.g., the Colombia and Challenger disasters, the Vioxx situation, Chernobyl, etc. (Ellsberg also mentions one of the kings of this genre: what the tobacco companies did.) Ellsberg discusses a number of reasons why people keep things secret. Most involve self interest. But it is also true that disasters are enabled in a different way by secrecy: when information is not kept confidential, i.e., when it is not secret, when people learn of it, they start asking questions about the logic, rightness, feasibility, practicability, etc. of what is being planned or done. From these questions, from well placed objections, and from the debate the questions and objections spawn comes truth, and with truth comes avoidance of disaster and improvement of policy and action. This is a simple idea, one known for decades or hundreds or even thousands of years. But it is not one that gets credence in a national security state, nor one that the federal courts pay attention to or even mention when the executive makes its nigh ever present claim of national security, state secrets or executive privilege. The ridiculous opinion of Judge Jones, though meaningless in practical terms because the dates of Plame's service are in fact public, illustrates the courts' abject bowing down to executive claims of national security and willingness to try to suppress truth. And the fact that Judge Jones' absurdity was perpetrated by a Clinton appo intee shows that it matters little which party a judge's appointing President comes from. Lawrence R. Velvel is the Dean of Massachusetts School
of Law and author of Thine
Alabaster Cities Gleam. He can be reached at velvel@mslaw.edu.
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