Today's Stories

April 6, 2009

Michael Hudson
The IMF Rules the World

April 3-5, 2009

Alexander Cockburn
From Twin Towers to Twin Camelots

Kathy Kelly /
Brian Terrall
Getting a Closer Look at the Killer Drones

Sue Sturgis
Fooling with Disaster? Startling Revelations About Three Mile Island Raise New Doubts Over Nuclear Plant Safety

Peter Morici
Girding for a Depression

Kathy Sanborn
Homeless in Tent City, USA

Andy Worthington
Britain's Guantánamo: Fact or Fiction?

Rob Larson
Subprime Supreme Court: The Roberts Court Has Become a Powerful New Tool for Business

Saul Landau
Biden and Nixon: a Tale of Two Latin American Experiences

Steve Early
An Evening with Andy Stern

John Goekler
Was Gaza Israel's Waterloo?

Rannie Amiri
Arab League Reconciliation Summit a Bust

Dave Lindorff
Hooray for Juries! A Courtroom Victory for Ward Churchill and Academic Free Speech

Lee Ballinger
Sound Garden: Tom Morello at the Grammy Museum

Ron Jacobs
Artifacts for Survival

David Macaray
AIG Plays the Sympathy Card

John Wight
G20: Capital's New World Symphony

Keeanga-Yamahtta Taylor
Race in the Obama Era

Mychal Bell
Surviving Jena Six

Missy Beattie
Hoop Hopes, War and Peace

Reza Fiyouzat
The Iran/US Rapproachment Dance

Michael Boldin
The War on Drugs is a War on You

Christopher Brauchli
The Pope's Batting 50-50

Charles R. Larson
Too Much Stuff

Susie Day
Bernie Breakout Shocker!!

Stephen Martin
Gordon Brown's Chicken Run at the G20

Kim Nicolini
"Last House on the Left:" Vigilantes of the Bourgeoisie

David Yearsley
Homage to Moog and Mallards

Phyllis Pollack
An Interview with Legendary Rock Producer Chris Kimsey on Working with the Stones, Ronnie Wood, Jimmy Cliff, Peter Tosh and Saint Jude

Poets' Basement
Foley, Valentine and Kozak

Website of the Day
The Corner Store

April 2, 2009

Robert Weissman
What If Obama Had Treated Detroit Like Wall Street?

Eric Toussaint /
Damien Millet
A G20 Meeting for Naught

George Bisharat
Israel's Impunity Must End

Russell Mokhiber
Something is Rotten at PBS

Franklin Lamb
Has Washington Lost Lebanon?

Gareth Porter
Settling Scores in Iraq: Maliki Draws US Troops into Crackdown on Sunni Rivals

David Macaray
Obama and the Ruling Class: "Only the Little People Pay Taxes"

Chris Genovali
B.C.'s Bloody Grizzly Hunt

Sam Smith
The Politics of Adulation

Suzan Mazur
Is Neo-Darwinism Dead?

Website of the Day
Fighting for Change in St. Louis

April 1, 2009

Chris Floyd
Surging Further Into the Afghan Abyss

Stanley Heller
Israeli War Crimes: Thank God, It Was Only Rumors

Mark Brenner, Mischa Gaus and Jane Slaughter Obama's Perilous Plan for Detroit: Restructure the Big 3, But Not With Bankruptcy

Jonathan Cook
The Slow Demise of Ehud Olmert

Eric Walberg
EU in Tatters: Only the Protesters Have Any Vision

Richard Morse
Why Haiti Can't Forget Its Past

Don Fitz
Guess Who Came to Dinner with a Match? Green Mayoral Candidate's Van Firebombed in St. Louis

Laray Polk
Texas and Evolution

Belén Fernández
12 Años de Soledad?

Harvey Wasserman
Cracking the Media Silence on Three Mile Island

Website of the Day
Pentagon Fraud Investigations Fell, While Contracts Soared

March 31, 2009

Uri Avnery
The Deception Tango

Peter Lee
Ghosts in the Machine: the World's Hottest Cyberwar Battlefield

Nicholas Dearden
A New Global Debt Crisis

Dave Lindorff
The Obama Betrayal

Joanne Mariner
"We'll Make You See Death"

Ron Jacobs
Obama's Pakistan Gambit

Wiliam S. Lind
Another Lost War

David Michael Green
Who Says the GOP Doesn't Have a Plan?

Benjamin Dangl
Beyond Elections in the Americas

Johnny Barber
Meditation in Orange

Dedrick Muhammad
Economic Inequality: the Foundation of the Racial Divide

Website of the Day
How the Obama Dems Took Over the Peace Movement

March 30, 2009

Michael Hudson
Financing the Empire: Do US Face G20 Mutiny?

Patrick Cockburn
What Next in Afghanistan?

Henry A. Giroux
Hard Lessons

Mike Whitney
Where's Eliot Spitzer Now That We Need Him?

Ralph Nader
Where's All the Money Coming From?

Paul Craig Roberts
Obama's War on the (Upper) Middle Class

Jeremy Scahill
The Logistical Nightmare in Iraq

Robert Bryce
The Cellulosic Ethanol Delusion

Jonathan Cook
Remembering Land Day in Palestine

Ray McGovern
Obama Bombs

Website of the Day
Hersh: Syria Calling

March 27-29, 2009

Alexander Cockburn
Obama's Fall Guy

Arno J. Mayer
Too Big to Fail?

Michael Hudson
How the Scam Works

José Pertierra
Gesture for Gesture: How to Free the Cuban Five

Andy Worthington
A Letter to Obama From a Guantánamo Uighur

Mike Whitney
Geithner's Hog Wallow

Winslow T. Wheeler
What Does an F-22 Cost?

Souad N. Al-Azzawi
Iraq: Let the Numbers Speak for Themselves

Dave Lindorff
A Financial History Lesson

Ian Masters
The Zombie Presidency

Barbara Rose Johnston
Water Culture Wars

Jami Tarn
Smearing Tristan Anderson

Diane Farsetta
The Nuclear Industry Targets Wisconsin

David Ker Thomson Against Democracy

Ramzy Baroud
Netanyahu and the Future of the Peace Process

Rannie Amiri
Saudi Shiites' One-Word Demand

Wajahat Ali
Writer as Fighter: the Genius of Ishmael Reed

Nick Egnatz
Whatever Happened to the Fierce Urgency of Now?

Gregory A. Burris
The Insolents Abroad: a Defense of Iceland

Missy Beattie
This Land

Stephen Martin
The Broken Stone of Corporatism

Charles R. Larson
Obama, Smoking and Me

David Yearsley
How They Built Bach's Face (Is the Bard Next?)

Ben Sonnenberg
Won't You Please Get Thee Behind Me? Buñuel's Simon of the Desert

Kim Nicolini
The Mafia Without Moralizing: Garrone's Gomorrah

Lorenzo Wolff
Pat Boone Syndrome

Poets' Basement
Four Poems by Paulann Petersen

Website of the Weekend
Ann Coulter: a Portrait by Ben Tripp

March 26, 2009

Paul Craig Roberts
Is the Bail Out Breeding a Bigger Crisis?

Sharon Smith
Another Blow to Labor ... from the Democrats

Neve Gordon
Avigdor Lieberman, Israel's Shame

Patrick Madden
Why the Geithner Plan Will Fail

Gareth Porter
The Big Con on Iraq

Dave Lindorff
Why Do We Need a Health Insurance Industry?

Hannah Safran
The Israeli Resistance: "Ready to be Traitors"

Keith Newell
Will the Cellphone Please Take the Stand?

Todd Chretien
Behind the Green Collar

Nelson P. Valdés
When It Comes to Cuba and the Media Anything Goes

Website of the Day
G20 Meltdown

March 25, 2009

Robin Blackburn
Media Revolution or Mirage?

Conn Hallinan
Europe in Crisis

David Rosen
Sexting: a First Amendment Challenge for Obama

Jonathan Cook
Turkey's Fallout with Israel Deals Blow to Settlers

Dean Baker
Billions More for Failed Banks

Ron Jacobs
Karzai on a String

Russell Mokhiber
Corporate Liberals vs. Single-Payer

David Macaray
Slice and Dice on Card Check

Dave Lindorff
Geithner's Power Grab

Sarah Knopp
LA Teacher's Sit-In Over Layoffs

Website of the Day
How to Create an Animal Rights "Terrorist"

March 24, 2009

Robert Sandels
Obama and Cuba: Real Change or Minor Tweaks?

Harvey Wasserman
People Died at Three Mile Island

Franklin Lamb
Who Tried to Kill Palestinian Ambassador Abass Zaki and Why?

Michael Donnelly
Obama's Team of Losers

Norman Solomon
Denial and Evasion on Afghanistan

Elizabeth Schulte
The Stark Facts About Violence Against Women

John Goekler
The Most Dangerous Person in the World?

Nicole Colson
Is Justice Finally in Sight for Sami Al-Arian?

Global Balkans
NATO's 78-Day Bombing of Yugoslavia: Ten Years On

William S. Lind
Cat-and-Mouse Off Hainan Island

Website of the Day
Video: IDF Fired on Medics in Gaza

March 23, 2009

M. Shahid Alam
Capitalism From the Standpoint of Its Victims

Uri Avnery
Israel's Most Revolting Law?

Mike Whitney
Zombie Economics: Judgment Day for Geithner

Ralph Nader
Bush the Teacher

Brian Cloughley
Tilting at Afghan Windmills

Dave Lindorff
Toxic Bailouts

Amira Hass
The Rules of Engagement in Gaza: Open Fire on Rescuers

Chris Irwin
When Nonprofit Groups Go Bad

Binoy Kampmark
The Celebrity of Celebrity

Michael Dickinson
Tollbridge Over Troubled Waters

Website of the Day
State of the Birds

March 20-22, 2009

Alexander Cockburn
On the Edge of the Volcano

Paul Craig Roberts
When Things Fall Apart

P. Sainath
Slumdogs vs. Billionaires

Robert Weissman
Lessons From AIG

Saul Landau
Sliding Down in Anger: If We Bail Out the Banks, Why Shouldn't We Own Them?

David Michael Green
Obama and the Altar of Greed

Greg Moses
Winter Soldiers Come to Texas

Ron Jacobs
Pakistan in Turmoil: an Interview with Farooq Tariq

Michael D. Yates
A Nation of Immigrants

John V. Whitbeck
Happy New Year, Iran!

Andy Worthington
The Case of Ahmed Zuhair

Linn Washington Jr.
Supreme Test: the Latest Twist in the Mumia Case

David Ker Thomson
Actions: Things to Do Instead of Hailing the Chief

Laurent Jacque
Is the Euro Doomed?

Rannie Amiri
The Middle East's Jittery Monarchies

Reiko Redmonde /
Larry Everest
The Cold-Blooded Murder of Oscar Grant

David Macaray
The Myth of the Powerful Teachers' Union

Kenneth Couesbouc
Where has the Consumption Gone?

Martha Rosenberg
Meltdown in the Drug Industry

Alan Farago
The Recession, the Developers and Baseball

Missy Beattie
Still Waiting for Change

Richard Rhames
Invisible But Not Completely Insolvent

Stephen Martin
Barack and the Jets

Charles R. Larson
Impeach Obama!

David Yearsley
On Bach's Birthday

Lorenzo Wolff
Manic Levity

Poets' Basement
Three Poems by Gary Corseri

Website of the Weekend
Teachers for CEO Merit Pay!

March 19, 2009

Dave Marsh
Sir Bono: the Knight Who Fled From His Own Debate

Paul Craig Roberts
Was the Bailout Itself a Scam?

Mike Whitney
Why Business is Hysterical About Card Check (And Why America Needs It)

Sam Smith
The Economy in Two Eras of Democrats

Harvey Wasserman
The Crash of France's Nuclear Poster Child

Binoy Kampmark
Back Into NATO: the End of French Exceptionalism

Kathy Sanborn
Broken Culture: the Desecration of Iraq's Art Treasures

Christopher Brauchli
Taxing Problems

George Wuerthner
Permanent Damage From Temporary Logging Roads

Diann Rust-Tierney
New Mexico Abolishes the Death Penalty

Website of the Day
Bailout Plan: "Cross Your Fingers and Hope"

March 18, 2009

Michael Hudson
The Real AIG Conspiracy

Paul Craig Roberts
Israel's American Chattel

Nelson P. Valdés
Why Obama's New Cuba Rules Violate the Constitution

Jonathan Cook
Bedouin Villages Left in the Dark Ages

John Ross
The Death of the American Newspaper

Yifat Susskind
Where Are We Leaving Iraqi Women?

Dave Lindorff
Who's Calling the Shots Now?

Frances Moore Lappé
The City That Ended Hunger

Richard Grossman
Beware the Madoff Diversion!

Rev. William E. Alberts
On Being Whole Not Holy

Website of the Day
Three Weeks in Cuba: a Painter's Perspective

March 17, 2009

Michael Hudson
Mr. Bernanke Spreads the Fire

James G. Abourezk
Show Business: AIG and the Posturing Democrats

Harry Browne
Ireland's Blast From the Past

Joanne Mariner
U.S. Human Rights Abuses in the War on Terror

Alan Farago
The National Ponzi Scheme

Dean Baker
Getting Lehman Bros. Wrong ... Again

Peter Morici
Cuts for Autoworkers, Bonuses for Derivatives Traders

Bill and Kathleen Christison
Obama and the Empire

Richard Gott
Victory for the Left in El Salvador

Walter Brasch
Dog Mutilations vs. Cosmetics

Website of the Day
Single-Payer Action

March 16, 2009

Pam Martens
Has a Comedian Just Saved America?

Uri Avnery
The Rape of Washington

Mike Whitney
Bernanke's Witness Protection Program

Ralph Nader
Americans Want Justice for Wall Street Crooks

Nikolas Kozloff
Down But Not Out: the Latin American Right

John Walsh
Redbaiting on the Left

Ron Jacobs
A Call for Common Sense

Binoy Kampmark
The Case of Tim K

Stephen Fleischman
Coxey's Army Will March Again!

Christian Christensen
A 25-Year Misunderstanding: Springsteen's "Born in the USA"

Scott Handleman
Shooting Tristan Anderson

Website of the Day
Clean, Green, Sustainable

March 13 / 15, 2009

Alexander Cockburn
The Parable of the Shopping Mall

Peter Lee
What the Chas Freeman Fight Was Really About

Diana Johnstone
NATO's Global Mission Creep

David Harvey
Is This Really the End of Neoliberalism?

Petrino DiLeo
Inside Obama's Housing Plan: Will Millions be Left Out in the Cold

David Ker Thomson
Tender to the Earth

Eric Ruder
Massacre in Slow Motion: an Interview with Haider Eid on Gaza

Fred Gardner
Cannabidiol Now!

David Yearsley
Music Torture

Saul Landau
How Israel Gives Jews a Bad Name

Laura Carlsen
Drug War Doublespeak

Robert Weissman
We Told You So

John Goekler /
Merle Lefkoff
The Struggle in Saffron

Tom Barry
Imprisoning Immigrants for Profit

Kathy Sanborn
Money Out of Thin Air

Chris Mobley / Leela Yellesetty
Criminalizing Poverty: the Jail Seattle Doesn't Need

David Michael Green
The Perils of Being Right and Wrong

Alan Maass /
Lee Sustar
A Socialist Moment?

Christopher Brauchli
Pity, the Poor Tax Collectors

Richard Morse
Clinton in Haiti

Lorenzo Wolff
Taking It From the Streets: From Springsteen to the Wu-Tang Clan

Poets' Basement
Springate and Johnston

Website of the Weekend
Hear the Buffalo

March 12 , 2009

Sharon Smith
Bottom Feeders at the Trough

Christopher Ketcham
Full Spectrum Penetration: Israeli Spying in the United States

Mike Whitney
Haircut Time for Bondholders

Ray McGovern
Obama Caves to the Lobby

Eric Toussaint /
Damien Millet
The Doublespeak of a Discredited IMF

John Ross
The War is Not Over

M. Reza Pirbhai
Men in Black: Another View of Pakistan

Chris Floyd
Lost Liberty Blues: Prisons, Profits and the Banality of Evil

Steve Early
Why Labor Doesn't Need a "House of Lords"

Quentin Gee
Hiding the Costs of Coal

Website of the Day
Amadee Coral Reef: a Spherical Panorama

March 11 , 2009

Mike Roselle
From Birmingham to Coal River: Why is the Environmental Movement So Timid?

Paul Craig Roberts
The Criminal Injustice System

Henry A. Giroux
Academic Labor in Dark Times

Nikolas Kozloff
The Death Cries of the Salvadoran Right

Norm Kent
I am Patient Number 380206011

Mitu Sengupta
Reforming the World Bank: Different Image, Same Tune?

Ludwig Watzal
The Structure of Israel's Occupation

David Macaray
The Battle Over EFCA Has Begun

William S. Lind
Rounding Up the Usual Suspects

Martha Rosenberg
A Merger From the Folks Who Brought You Vytorin

Website of the Day
American Indicator: One in Fifty Kids are Homeless

March 10 , 2009

Franklin Spinney
What Israeli Peace Process?

Vijay Prashad
What Did Hillary Clinton Do?

Stan Cox
There's No Free Lunch on Your Browser: the Internet's Energy Drain

Zoltan Grossman
Coffee Strong: Listening to the G.I. Voice at Fort Lewis

Reuven Kaminer
Pure and Unadulterated Racism

Jonathan Cook
Memoricide in the West Bank

Dave Lindorff
Business Rules

Brian McKenna
How Anthropology Disparages Journalism

Harvey Wasserman
Is This the End of the Age of the Automobile?

Corey Pein
He Told You So

Website of the Day
AIG and Systemic Failure: $1.6 Trillion in Insured Deriviatives

March 9 , 2009

Pam Martens
Madoff and the Sorkin Affair

Ralph Nader
Too Big...Period

Peter Lee
Meet Gulbuddin Hekmatyar: the US's Worst/Best Hope for Afghanistan?

Mike Whitney
Geithner's Charade

Peter Morici
Fixing the Banks: Treasury's Doomed Strategy

Dean Baker
Why Do We Need a Private Health Insurance Industry, Anyway?

Steve Ault
Kiss Thailand's Tolerance for Gays Goodbye

Stephen Lendman
Guantánamo Under Obama

Farooq Sulehria
Tennis Without Spectators

Belén Fernández
Chávez, a Cockfight and the Caracazo

Website of the Day
How Lincoln Learned to Read

March 6-8 , 2009

Alexander Cockburn
Harlots High and Low

Chris Floyd
Tangled Up in Karl

Uri Avnery
Remember Ophira?

Dave Lindorff
Kiss the Banks Goodbye

Mark Weisbrot
The Crisis vs. the Dogma

David Ker Thomson
Against Work

Phil Aliff
Soldier Suicides

Rebekah Ward
Georgia Injustice: Another Young Life Wrecked

Tracey Briggs
How Capitalism Feels in the Head

Dean Baker
Depression Nostalgia?

Daniel P. Wirt, M.D.
Remove the Handle From the Health Insurance Misery and Death Pump

Carl Finamore
The Recovery Plan: Save Us From Those Who Would Save Us

Wajahat Ali
The Pakistani Monster

David Michael Green
Smart is the New Stupid

David Macaray
The Minimum Wage Revisited

Michael Dickinson
On Financial Fools Day

Susie Day
Line in the Sand

Bob Sommer
Echoes of the Townhouse Explosion

Ben Sonnenberg
No Forgiveness for the Bourgeoisie: Buñuel's "The Exterminating Angel"

David Yearsley
Sonic Fakery in "Slumdog" From the Mozart of Chennai

DC Larson
They're Writing Those Depression Songs, Again

Lorenzo Wolff
Live Truth: Music Sans Headphones

Poets' Basement
Dominquez, MacNeil and Buknatski

Website of the Weekend
The Environment & Obama: a Conversation with Jeffrey St. Clair

March 5 , 2009

James G. Abourezk
This Time It's Mrs. Clinton's Turn

Kathleen and Bill Christison
U.S. Military Aid to Israel

Robert Weissman
Wall Street's Best Investment: Paying for Public Policy

Patrick Cockburn
My Day at the Terror "Charity"

William Blum
Being Serious About Torture...Or Not

Robert Fantina
From Iraq to Afghanistan: Augmentation All Over Again

Saul Landau
The Unseen Crisis

Benjamin Dangl
Striking a Blow Against the Beer Cartel: a Grassroots Victory in Utah

Christopher Brauchli
The New Leaders of the GOP

Website of the Day
The Angola 3: 36 Years of Solitude

March 4, 2009

Marjorie Cohn
Blueprints for a Police State

Mike Whitney
Blowing Up the Economy: How Securitization Lit the Fuse

Ron Jacobs
The Banality of Occupation: the Rand Papers

Ashley Smith
War by Another Name

Joanne Mariner
Obama's War on Terror

Dan Bacher
The California Water Wars: Why It's Not a Conflict Between Fish and People

Mark Engler
Will the Winds of Change Reach El Salvador?

Franklin Lamb
"What's Hezbollah Done for Us Lately?"

Cal Winslow
Slugging It Out in California

David Mandelzys
Apartheid Week

Website of the Day
Guantánamo: the Definitive Prisoner List

March 3, 2009

Conn Hallinan
Ethnic Cleansing and Israel

Fawzia Afzal-Khan
The Long, Dark Night of Pakistan

Brian M. Downing
The Changing Game in Afghanistan

Robert Larson
External Damnation: Companies are Designed for Destruction

Daniel P. Wirt, MD
Single-Payer Health Reform

Russell Mokhiber
Burn Your Health Insurance Bill!

William Loren Katz
Obama, One Ape and Two Newspapers

Kathy Sanborn
The Lazy Man's Guide to the Economic Crisis

Pauline Imbach
A New Start for the World Social Forum?

Christopher Ketcham
The Best Journalism You'll Write is Priceless

Website of the Day
The Surveillance Self-Defense Project

March 2, 2009

Andrea Peacock
A Poisoned Town's Shot at Justice

Paul Craig Roberts
Obama's Budget

Peter Lee
Pakistan Lurches Toward the Abyss

John Blair
Locking Down Big Coal

Peter Morici
Treasury's Flawed Plan for Citigroup

Uri Avnery
10 Ways to Kill Fatah

Michael Donnelly
Resistance to the War on the Wild

Fred Gardner
The Judge Who Ruled Marijuana is Medicine

Sonia Nettnin
Middle East Medical Mission Heroes

Andrew Lehman
A New Deal for the Web

Website of the Day
Pentagon Papers II?

Eric Holder and the Whitewashing of Racism

Tom Barry
Napolitano's Hard Line

Harvey Wasserman
Obama's Excellent Atomic Omission

Adam Turl
The Enemies of Unions and the Lies They Tell

David Macaray
When People are Fired Illegally

James McEnteer
Rush to the Rescue: Limbaugh's Secret Plan to Save the Economy

Website of the Day
The Carbon Casino

April 6, 2009

Justice Extends to Bagram

Guantánamo's Dark Mirror

By ANDY WORTHINGTON

Since coming to power in a blaze of reforming glory, promising to close Guantánamo within a year, to stop the CIA from running offshore torture prisons, and to restore the Geneva Conventions to prisoners seized in wartime, the Obama administration has proceeded to make a number of poor decisions in relation to its predecessors’ reviled “War on Terror” policies.

One was the decision to invoke the state secrets privilege to quash a lawsuit against Boeing subsidiary Jeppesen for its role as the CIA’s travel agent in a case brought by a number of prisoners subjected to “extraordinary rendition,” although this was understandable if the floodgates were not to be opened with regard to everyone involved in the Bush administration’s lawless policies rather than, say, the senior officials who authorized the crimes. Another, I believe, was the refusal to substantially redefine the terms of reference for “enemy combatants,” while the administration was scoring a propaganda point by dropping the use of the term.

There are, of course, many challenges to come -- not least, the question of prosecutions for senior officials (from President Bush down), which Obama is clearly unwilling to tackle -- but so far the poorest decision came in February, when, in its first response to habeas corpus claims filed on behalf of four prisoners held in the US prison at Bagram airbase, the Justice Department responded to a request by District Court Judge John D. Bates, asking if the new administration would like to review the position maintained by the Bush administration -- essentially, that the prisoners in Bagram have no rights -- by stating simply, in a one-paragraph response, “This Court’s Order of January 22, 2009 invited the Government to inform the Court by February 20, 2009, whether it intends to refine its position on whether the Court has jurisdiction over habeas petitions filed by detainees held at the United States military base in Bagram, Afghanistan. Having considered the matter, the Government adheres to its previously articulated position.”

What made this decision so poor was that the situation in which these men found themselves was essentially the same as that experienced by the prisoners in Guantánamo. The men in question -- Redha al-Najar, a Tunisian seized in Karachi, Pakistan, Amin al-Bakri, a Yemeni gemstone dealer seized in Bangkok, Thailand, Fadi al-Maqaleh, a Yemeni, and Haji Wazir, an Afghan businessman seized in the United Arab Emirates -- were all captured between five and seven years ago, and transferred to Bagram, where only an administrative accident -- or some as yet unknown decision that involved keeping a handful of foreign prisoners in Bagram, instead of sending them all to Guantánamo -- prevented them from joining the 779 men in the offshore prison in Cuba.

Moreover, what made the Bagram prisoners’ situation even worse was that, whereas the prisoners in Guantánamo had, over the years, secured habeas corpus rights (the right to challenge the basis of their detention in a court) and the right to meet with and be represented by lawyers, none of these privileges had been extended to the prisoners in Bagram. Their isolation meant that, increasingly, the prison in Afghanistan -- which was, and is, under the complete control of the US military -- was nothing less than Guantánamo’s Dark Mirror, or, as Judge John D. Bates suggested in a review of the men’s cases in January, “a ‘black hole’ for detainees in a ‘law-free zone.’”

At the time, Judge Bates was only hinting that he thought it might be necessary to extend habeas rights to these particular prisoners in Bagram. In February, of course, the Obama administration thought that it had crushed his nascent dissent, when it declared, with an imperiousness that was reminiscent of Dick Cheney and David Addington, that the reach of the law did not extend to Bagram.

However, last Thursday, after studying closely the differences between the prisoners held at Bagram -- in other words, between foreigners captured in other countries and “rendered” to Bagram, Afghans captured in other countries and “rendered” to Bagram, and Afghans captured in Afghanistan -- Judge Bates ruled (PDF) that the habeas rights granted by the Supreme Court to the Guantánamo prisoners last June in Boumediene v. Bush also extended to the foreign prisoners in Bagram, because, as he explained succinctly, “the detainees themselves as well as the rationale for detention are essentially the same.”

What this involved, to recap on Boumediene, was that the government had no right to revoke the Suspension Clause of the US Constitution, under the Military Commissions Act of 2006, to prevent the prisoners from seeking “the protection of the writ of habeas corpus,” because, as the Supreme Court made clear, “At its historical core, the writ of habeas corpus has served as a means of reviewing the legality of Executive detention, and it is in that context that its protections have been strongest.”

The Supreme Court also noted that “the Judiciary -- not the Executive -- must decide when and where the Suspension Clause applies,” and, also drew on a case from 1803, which stated, “The writ of habeas corpus itself is an indispensable mechanism for monitoring the separation of powers …The test for determining the scope of [the Suspension Clause] must not be subject to manipulation by those whose power it is designed to restrain.”

Judge Bates added that the military’s justification for holding the prisoners at Bagram involves a review process that is both “inadequate” and “more error-prone” than the tribunal process used at Guantánamo (which has, of course, been condemned by former officials who worked on it, including, in particular, Lt. Col. Stephen Abraham), and concluded that the US military’s control over Bagram “is not appreciably different than at Guantánamo.”

His précis of the review process was, in fact genuinely disturbing, as he quoted from a government declaration which stated that the Unlawful Enemy Combatant Review Board (UECRB) at Bagram does not even allow the prisoners to have a “personal representative” from the military in place of a lawyer (as at Guantánamo), and that “Bagram detainees represent themselves.” In addition,

Detainees cannot even speak for themselves; they are only permitted to submit a written statement. But in submitting that statement, detainees do not know what evidence the United States relies upon to justify an “enemy combatant” designation -- so they lack a meaningful opportunity to rebut that evidence. [The government’s] far-reaching and ever-changing definition of enemy combatant, coupled with the uncertain evidentiary standards, further undercut the reliability of the UECRB review. And, unlike the CSRT process, Bagram detainees receive no review beyond the UECRB itself.

This Court need not determine how extensive the process must be to stave off the reach of the Suspension Clause to Bagram. It suffices to recognize that the UECRB process at Bagram falls well short of what the Supreme Court found inadequate at Guantánamo.

Judge Bates also explained that, although Bagram is “located in an active theater of war,” and that this may pose some “practical obstacles” to a court review of their cases, these obstacles “are not as great” as the government suggested, are “not insurmountable,” and are, moreover, “largely of the Executive’s choosing,” because the prisoners were specifically transported to Bagram from other locations.

As with the Supreme Court’s ruling in Boumediene, Judge Bates was also concerned by the length of time that the prisoners have been held without an adequate review of their cases. As he explained, “the Supreme Court’s observation in Boumediene is equally powerful here: ‘the costs of delay can no longer be borne by those who are held in custody. The detainees in these cases are entitled to a prompt habeas corpus hearing.’”

Nevertheless, although Judge Bates ruled that the three foreign prisoners could challenge the basis of their detention, he refused to extend habeas rights to the Afghan prisoners who make up the majority of the 670 or so prisoners held in Bagram, agreeing with the government’s claim that to do so would cause “friction” with the Afghan government, because of ongoing negotiations regarding the transfer of Afghan prisoners to the custody of their own government. As a result, he also refused to extend habeas rights to Haji Wazir, even though he was captured outside Afghanistan, although he did not dismiss his claim outright, and wondered whether there was any other mechanism whereby he might seek habeas relief.

On SCOTUSblog, Lyle Denniston noted that this part of the ruling “seemed to suggest a potential impact of the ruling for detainees in places other than Bagram,” as Judge Bates stated that one possible route, about which he requested further briefing, involved ascertaining whether Congress “usurped” the constitutional authority of the federal courts, in the Military Commissions Act of 2006, when it prohibited habeas claims by any prisoner in US custody, anywhere in the world, who was held as an “enemy combatant.”

In conclusion, then, this was an extraordinarily important result for those who have been struggling for years to secure rights for the prisoners in Bagram -- in particular, Tina Foster and Barbara Olshansky of the International Justice Network, who first filed the cases in October 2006. Judge Bates gave the government until April 23 to respond to his question about Congress usurping the federal courts’ constitutional authority, and gave Haji Wazir’s lawyers until May 7 to respond to the government’s brief. As for Redha al-Najar, Fadi al-Maqaleh and Amin al-Bakri, their cases now move to a detailed review, with Judge Bates taking the cases of al-Najar and al-Maqaleh, and Judge Ellen Segal Huvelle taking the case of al-Bakri.

Expect sparks to fly, as, in addition to being held for up to seven years without charge or trial, it appears that some, if not all of these men passed through a secret prison network in Afghanistan, which involved brutal torture, before they even arrived at Bagram.

Andy Worthington is a British historian, and the author of 'The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison' (published by Pluto Press). Visit his website at: www.andyworthington.co.uk
He can be reached at: andy@andyworthington.co.uk 

Now Available from CounterPunch Books!

Spell Albuquerque:
Memoir of a
"Difficult Student"
By Tennessee Reed

Waiting for Lightning
to Strike:
The Fundamentals
of Black Politics
Kevin Alexander Gray

Click Here to Buy!

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

Buy End Times Now!

Click Here to Buy!

Click Here to Order!

Humanitarian Imperialism
By Jean Bricmont