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Should the Left Cheer the Dollar's Drop? How to make the bankers scream: Robert Pollin, world's best obituarist of Clintonomics, explains it all for you. Do police states make people feel safer? Vicente Navarro on Franco's Spain, Cockburn on Ireland in the Fifties under the Catholic Hierarchy, Alevtina Rea on growing up in Brezhnev-time. Capitalism's true utopia? St Clair on the Pentagon's no-bid arms contracts. How's the press doing in Iraq? Patrick Cockburn tells all to Omar Waraich. Get the answers you're looking for in the latest 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! or write CounterPunch, PO BOX 228, Petrolia, CA 95558 |
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Other Lands Have Dreams: From Baghdad to Pekin Prison by KATHY KELLY ![]() Today's Stories May 23, 2005 Esther
Sassaman / Thomas Nagy May 21 / 22, 2005 David
H. Price Gabriel
García Márquez Oren
Ben-Dor Gary
Leupp Laith
al-Saud Elaine
Cassel Greg
Moses Fred
Gardner Dave
Lindorff Alan
Maass William
Blum Tom
Crumpacker Niranjan
Ramakrishnan Doug
Giebel Evelyn
J. Pringle Carolyn
Baker Chris
Floyd Frederick
B. Hudson Ben
Tripp Poets'
Basement
May 20, 2005 Dave
Lindorff Kevin
Zeese Paul
de Rooij Christopher
Brauchli Mark
Engler Joshua
Frank Robert
Jensen Jeffery
R. Webber
May 19, 2005 Bill
Forman Stan
Goff Neve
Gordon Michael
Dickinson Karyn
Strickler Andrew
Freedman Paul
Craig Roberts
May 18, 2005 Jean
Bricmont Laura
Carlsen Mike
Whitney Joshua
Frank George
Galloway Manuel
Garcia, Jr. Dwight
D. Eisenhower Dave
Lindorff May 17, 2005 Mickey
Z. Petuuche
Gilbert Paul
Craig Roberts Ramzy
Baroud Robert
Jensen / Pat Youngblood Stan
Cox Dave
Zirin Diana
Barahona Website
of the Day May 16, 2005 Michael
Gillespie Jason
Leopold Jesse
Muldoon Norman
Solomon Robert
Cray Patrick
Cockburn Website
of the Day
May 14 / 15, 2005 Alexander
Cockburn Saul
Landau Gary
Leupp JoAnn
Wypijewski Ben
Tripp Brian
J. Foley Tom
Barry Mitchell
Verter Mike
Ferner Dan
Smith Mark
Scaramella Don
Fitz Diane
Farsetta Michael
Dickinson Ron
Jacobs Fred
Gardner Farrah
Hassen Douglas
Valentine Poets'
Basement Website
of the Weekend May 13, 2005 Tom
Stephens Patrick
Cockburn Mike
Whitney Chris
Floyd Jenna
Orkin Dave
Lindorff Joshua
Frank Website
of the Day
May 12, 2005 Paul
Craig Roberts Uri
Avnery Greg
Moses Carolyn
Baker Pat
Williams William
S. Lind Jack
Random Gary
Leupp
May 11, 2005 Patrick
Cockburn Kevin
Zeese Christopher
Brauchli Zalman
Amit Robert
Shull Mike
Whitney Dr.
Teresa Whitehurst Norman
Solomon
May 10, 2005 Richard
Drayton Dave
Zirin Jackie
Corr Dave
Lindorff Michael
Donnelly Reza
Fiyouzat Scott
Parkin Stephen
Babcock Alan
Farago Michael
Neumann Website
of the Day
May 9, 2005 Louis
Proyect Robert
Fisk Kevin
Zeese Joshua
Frank Sasha
Kramer Andrew
Wimmer Jeffrey
Webber Jeffrey
St. Clair
May 7 / 8, 2005 Alexander
Cockburn Gary
Leupp Saul
Landau Joe
DeRaymond Daniela
Ponce Heather
Williams Gregory
Elich Anis
Memon John
Chuckman Mike
Whitney Ron
Jacobs Colin
Kalmbacher Lance
Selfa Fred
Gardner Ben
Tripp Mickey
Z. Richard
Joseph Dr.
Susan Block Poets'
Basement
May 6, 2005 Patrick
Cockburn Erin
Yoshioka Sam
Husseini Dave
Lindorff Kevin
Zeese Joshua
Frank Dan
Bacher P.
Sainath
May 5, 2005 Carles
Mutaner Carl
G. Estabrook Farrah
Hassen Kevin
Zeese Michael
Leonardi Bennett
Ramberg Ray
McGovern Norman
Solomon Nicole
Colson Brian
Concannon, Jr.
May 4, 2005 Colin
Kalmbacher John
Walsh Greg
Moses Ali
Khan Chris
Floyd Linda
S. Heard Dave
Zirin William
S. Lind Gary
Leupp Website
of the Day
May 3, 2005 Dave
Lindorff Brian
Cloughley Ira
Kurzban Seth
Sandronsky Gilad
Atzmon Michael
Donnelly Alex
Sanchez Peter
Linebaugh
May 2, 2005 Ron
Jacobs Stan
Goff Karyn
Strickler Joshua
Frank Kevin
Zeese Vicente
Navarro
April 30 / May 1, 2005 Alexander
Cockburn Gabriel
Kolko Jennifer
Loewenstein Lee
Sustar Saul
Landau T.W.
Croft Nikolas
Kozloff William
Blum Dave
Lindorff Joshua
Frank Doug
Giebel Steven
Erlanger Fred
Gardner Mike
Whitney Kurt
Nimmo Joe
DeRaymond Michael
Dickinson Mickey
Z. Justin
Taylor Poets
Basement Website
of the Weekend
Hot Stories Alexander Cockburn Subcomandante
Marcos Norman Finkelstein Steve Niva Dardagan,
Slobodo and Williams Steve
J.B. Sheldon
Rampton and John Stauber Wendell
Berry CounterPunch
Wire Cindy
Corrie Gore Vidal Francis Boyle
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May 23, 2005 A Victim of Government Demagoguery and Public HysteriaFree Jose PadillaBy MIKE WHITNEY May 8 marked the third anniversary of the imprisonment of Jose Padilla. Padilla was apprehended at Chicago's O'Hare Airport in 2002 by Federal officers under the shaky "material witness" provision and trundled off to prison. In a conspicuous effort to poison public opinion, Attorney General John Ashcroft announced on national TV that Padilla was conspiring to set off a "dirty bomb" (radioactive device) within the United Sates. To date, the government has never produced any evidence to corroborate their spurious claims. In all probability, Padilla may be entirely blameless. Jose Padilla represents the crowning achievement in the war on terror. As the situation in Haiti and Afghanistan steadily deteriorates, and as America's 8 divisions continue to bog-down in the Iraqi quagmire; the administration's one unassailable accomplishment is the death-blow it has delivered to the Bill of Rights. Padilla now faces his 4th year of captivity without any formal charges filed against him and without any reasonable expectation of defending himself in a court of law. Happy anniversary, Jose. The government defends its detention of Padilla on the grounds that he is an "enemy combatant". The term "enemy combatant" means "presumed guilty" and its application to US citizens or foreign nationals allows the state to operate outside the confines of international human rights law and the Bill of Rights. Simply put, it is the end of the rule of law in America and a rejection of a legal tradition that dates back 800 years. Most likely, the phrase originated in a right-wing think-tank as a way of dealing with potential enemies of the state while ignoring the law. In fact, it has no legal meaning, but its use assumes that the president has the authority to conduct the war on terror however he sees fit; using "all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided terrorist attacks"or, in order, to "prevent future acts of international terrorism." (Congress; Joint Resolution Sept 18, 2001) The Bush administration believes that this empowers the president to strip citizens of their constitutional rights and detain them without charges. So far, the courts have failed to stop this disturbing overreach of executive power. When Padilla's case appeared before the US District Court, Judge Henry Floyd disputed the administration's defense of the "enemy combatant" label saying, "If the law in its current state is found by the president to be insufficient to protect this country from terrorist plots, such as the one alleged here, then the president should prevail upon Congress to remedy the problem." Indeed, it's not the purview of the president to invent laws as he goes along, but to "preserve, protect and defend the Constitution of the United States". The moniker "enemy combatant" creates the greatest constitutional crisis the nation has ever faced. It undermines the principle of "inalienable rights" by allowing the president to pick and choose who is entitled to the benefits of citizenship. More importantly, it presumes that suspects have no right to challenge the terms of their detention through access to the legal system. The media breezily refers to the plight of enemy combatants as "legal limbo. It is not limbo; it is despotism. In Justice John Paul Stevens scathing dissent (to the Supreme Court's refusal to hear the Padilla case) Stevens articulates the gravity of Padilla vs. Rumsfeld. He said the Padilla case poses "a unique and unprecedented threat to the freedom of every American citizenAt stake is nothing less than the essence of a free societyFor if this nation is to remain true to the ideals symbolized by its flag, it must not wield the tools of tyrants even to resist an assault by the forces of tyranny." Stevens is not exaggerating; the threat posed by placing our freedom in the hands of the president is incalculable. The Supreme Court's refusal to hear Padilla's case demonstrates its tacit support for the unlimited power of the president and its unwillingness to address whether Padilla is entitled to any protection under the Constitution. Their rejection condemns Padilla to indefinite detention and shows the world that they are incapable of meeting the requirements of their profession. The Supreme Court is meaningless if it stubbornly refuses to clarify even the most fundamental points concerning constitutional protections and personal liberty. (The court would not even rule on Padilla's habeas corpus petition, that is, whether he can be kept in jail without being charged with a crime) In his brilliant article "The Supreme Court and Enemy Combatants", Marc Norton notes a critical opinion written by Judges Rehnquist, Kennedy and O' Connor. (joined by Breyer) Norton says, "The key finding by this gang of four is to uphold the concept of enemy combatants, for citizens and non-citizens alike. There is no bar to this Nation's holding one of its own citizens as an enemy combatant,' they boldly declare." No bar to holding a citizen as an enemy combatant? What is the Bill of Rights if it is not a bar to the arbitrary power of the state??? The court's finding is a clear vindication of Bush's power-grab and the court's culpability. Readers should carefully consider Norton's quote and judge for themselves whether it is consistent with any reasonable interpretation of the Bill of Rights. If the Court majority is willing to overturn the inalienable rights of its citizens and confer absolute power on the executive, the task before us is to remove the erring jurists on the court. When Justice O' Connor issued her blistering statement that, "A state of war is not a blank check for the President"; it was slapped on the front page of every newspaper across the nation. Unfortunately, there's not a word of truth in O' Connor's declaration. The high court cleared the way for Bush to summarily disregard the due process rights of citizens according to his own discretion. By endorsing (in principle) the enemy combatant label, the court removed the guarantees of a speedy trial, the right to confront ones accusers, the right to produce witnesses for one's defense, the right to an attorney, the right to challenge the terms of one's incarceration, and the right to an impartial jury of one's peers. All of these protections are inserted into the Bill of Rights for one reason alone; to establish the procedures that make it impossible for the government to do what Bush has done to Padilla. The provisions (in the Bill of Rights) are expressed in clear, unambiguous language so the state cannot rob citizens of their freedom without just cause and hard evidence "nor be deprived of life, liberty or property without due process of law." (5th amendment) "without due process of law!" Padilla is almost certainly innocent; a random victim of government-demagoguery and public hysteria. Even if the allegations were true, it wouldn't make a bit of difference. The terms of his imprisonment have never been justifiable and he should be released without delay. His continued incarceration (in a 5' by 7' windowless cell in Norfolk, VA.) is an affront to a nation that claims to be committed to human rights, civil liberties and the rule of law. The Bush administration has no interest in Jose Padilla, a hapless gang-banger caught up in the 9-11, anti-terror dragnet. It's the precedent that's paramount; the go-ahead to toss citizens in jail at the whim of the president and to dispose of enemies without recourse to the law. The path to tyranny is paved with the language of tyranny. The intrusion of "enemy combatant" into our jurisprudence obliterates the ideals of constitutional protections and inalienable rights. Jose Padilla is just a minor player in this much grander scheme. We value the law because it protects the very least among us by putting a wall between ourselves and the long-arm of the government. Bush's actions have removed that wall and put every one of us within the grasp of the all-powerful state. Free Jose Padilla! Mike Whitney lives in Washington state. He can be reached at: fergiewhitney@msn.com
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