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Today's
Stories
December 19, 2003
Elaine Cassel
Courts
Rebuke Bush for Trampling the Constitution
Robert Fisk
Raid
on Fantasyville: Shooting Samarra's Schoolboys in the Back
Zoltan Grossman
The
Occupation Has Failed to "Capture" the Loyalty of Iraqis
Mike Whitney
Bush's
Afghan Highway to Nowhere
Harold Gould
Has the Radical Arab Strategy Really Worked?
Gary Leupp
The
Neocon's Dream Memo
December 18, 2003
Ann Harrison
A
Landmark Victory for Medical Pot
John L. Hess
Catfish
Blues: The SOB's from Out of Town
Karyn Strickler
Ebola
is Good for You!
Niranjan Ramakrishnan
Duryodhana
Dies
Harry Browne
Hail
Jim Hickey, the "Irish Hero" of the Colonial Occupation
of Iraq
Hammond Guthrie
Captured in Abasement
December 17, 2003
Robert Fisk
Saddam's
Cold Comforts
Gideon Levy
"Don't
Even Think About the Children"
Marjorie Cohn
The Fortuitous
Arrest of Saddam: a Pyrrhic Victory?
Andrew Cockburn
Saddam's
Last Act
December 16, 2003
Robert Fisk
Getting
Saddam...15 Years Too Late
Mahajan / Jensen
Saddam
in Irons: The Hard Truths Remain
John Halle
Matt
Gonzalez and Me
Josh Frank
The
Democrats and Saddam
Tariq Ali
Saddam
on Parade: the New Model of Imperialism
December 15, 2003
Robert Fisk
The Capture
of Saddam Won't Stop the Guerrilla War
Dave Lindorff
The
Saddam Dilemma
Abu Spinoza
Blowback on the Stand: The Trial of Saddam Hussein
Norman Solomon
For
Telling the Truth: the Strange Case of Katharine Gun
Patrick Cockburn
The
Capture of Saddam
Stew Albert
Joy to the World
December 13 / 14, 2003
Bill and Kathleen Christison
Chickenhearts
at Notre Dame: the Pervasive Fear of Talking About the Israeli
Connection
Stan Goff
Jessica Lynch, Plural
Tariq Ali
The Same Old Racket in Iraq
Jeffrey St. Clair
The Map is not the Territory
Marty Bender / Stan Cox
Dr. Atkins vs. the Planet
Christopher Brauchli
Mercury Rising: the EPA's Presents to Industry
Gary Leupp
On Marriage in "Recorded History", an Open Letter to
Gov. Mitt Romney
Sasan Fayazmanesh
The Saga of Iran's Alleged WMD
Larry Everest
Saddam, Oil and Empire: Supply v. Demand
William S. Lind
How to Fight a 4th Generation War
Fran Shor
From Vietnam to Iraq: Counterinsurgency and Insurgency
Ron Jacobs
Child Abuse as Public Policy
Omar Barghouti
Relative Humanity and a Just Peace in the Middle East
Adam Engel
Pretty Damn Evil: an Interview with Ed Herman
Kristin Van Tassel
Breastfeeding Compromised
Ben Tripp
On Getting Stabbed
Susan Davis
"The Secret Lives of Dentists", a Review
Dave Zirin
Does Dylan Still Matter? an Interview with Mike Marqusee
Norman Madarasz
Searching for the Barbarians
Poets' Basement
Guthrie and Albert
Website of the Weekend
Dean on Race
December 12, 2003
Josh Frank
Halliburton,
Timber and Dean
Chris Floyd
The
Inhuman Stain
Dave Lindorff
Infanticide
as Liberation: Hiding the Dead Babies
Benjamin Dangl
Another Two Worlds Are Possible?
Jean-Paul Barrois
Two States or One? an Interview with Sami Al-Deeb on the Geneva
Accords
David Vest
Bush
Drops the Mask: They Died for Halliburton
December 11, 2003
Siegfried Sassoon
A
Soldier's Declaration Against War
Douglas Valentine
Preemptive
Manhunting: the CIA's New Assassination Program
John Chuckman
The Parable of Samarra
Peter Phillips
US Hypocrisy on War Crimes: Corp Media Goes Along for the Ride
James M. Carter
The
Merchants of Blood: War Profiteering from Vietnam to Iraq
December 10, 2003
Kurt Nimmo
The
War According to Newt Gingrich
Pat Youngblood / Robert
Jensen
Workers
Rights are Human Rights
Jeff Guntzel
On Killing Children
CounterPunch Wire
Ashcroft Threatens to Subpoena Journalist's Notes in Stewart
Case
Dave Lindorff
Gore's
Judas Kiss
December 9, 2003
Michael Donnelly
A
Gentle Warrior Passes: Craig Beneville's Quiet Thunder
Chris White
A Glitch
in the Matrix: Where is East Timor Today?
Abu Spinoza
The Occupation Concertina: Pentagon Punishes Iraqis Israeli Style
Laura Carlsen
The FTAA: a Broken Consensus
Richard Trainor
Process and Profits: the California Bullet Train, Then and Now
Josh Frank
Politicians as Usual: Gore Dean and the Greens
Ron Jacobs
Remembering
John Lennon
December 8, 2003
Newton Garver
Bolivia
at a Crossroads
John Borowski
The
Fall of a Forest Defender: the Exemplary Life of Craig Beneville
William Blum
Anti-Empire
Report: Revised Inspirations for War
Tess Harper
When Christians Kill
Thom Rutledge
My Next Step
Carol Wolman, MD
Nuclear
Terror and Psychic Numbing
Michael Neumann
Ignatieff:
Apostle of He-manitariansim
Website of the Day
Bust Bob Novak
December 6 / 7, 2003
Alexander Cockburn
The
UN: Should Be Late; Never Was Great
CounterPunch Special
Toronto Globe and Mail Kills Review of "The Politics of
Anti-Semitism"
Vicente Navarro
Salvador Dali, Fascist
Saul Landau
"Reality
Media": Michael Jackson, Bush and Iraq
Ben Tripp
How Bush Can Still Win
Gary Leupp
On Purchasing Syrian Beer
Ron Jacobs
Are We Doing Body Counts, Now?
Larry Everest
Oil, Power and Empire
Lee Sustar
Defying the Police State in Miami
Jacob Levich
When NGOs Attack: Implications for the Coup in Georgia
Toni Solo
Game Playing by Free Trade Rules: the Results from Indonesia
and Dominican Republic
Mark Scaramella
How to Fix the World Bank
Bruce Anderson
The San Francisco Mayor's Race
Brian Cloughley
Shredding the Owner's Manual: the Hollow Charter of the UN
Adam Engel
A Conversation with Tim Wise
Neve Gordon
Fuad and Ezra: an Update on Gays Under the Occupation
Kurt Nimmo
Bush Gives "Freedom" Medal to Robert Bartley
Tom Stephens
Justice Takes a Holiday
Susan Davis
Avast, Me Hearties! a Review of Disney's "Pirates of the
Caribbean"
Jeffrey St. Clair
A
Natural Eye: the Photography of Brett Weston
Mickey Z.
Press Box Red
Poets' Basement
Greeder, Orloski, Albert
T-shirt of the Weekend
Got Santorum?
December 5, 2003
Jeremy Scahill
Bremer
of the Tigris
Jeremy Brecher
Amistad
Revisited at Guantanamo?
Norman Solomon
Dean
and the Corp Media Machine
Norman Madarasz
France
Starts Facing Up to Anti-Muslim Discrimination
Pablo Mukherjee
Afghanistan:
the Road Back
December 4, 2003
M. Junaid Alam
Image
and Reality: an Interview with Norman Finkelstein
Adam Engel
Republican
Chris Floyd
Naked Gun: Sex, Blood and the FBI
Adam Federman
The US Footprint in Central Asia
Gary Leupp
The
Fall of Shevardnadze
Guthrie / Albert
RIP Clark Kerr
December 3, 2003
Stan Goff
Feeling
More Secure Yet?: Bush, Security, Energy & Money
Joanne Mariner
Profit Margins and Mortality Rates
George Bisharat
Who Caused the Palestinian Diaspora?
Mickey Z.
Tear Down That Wal-Mart
John Stanton
Bush Post-2004: a Nightmare Scenario
Harry Browne
Shannon
Warport: "No More Business as Usual"
December 2, 2003
Matt Vidal
Denial
and Deception: Before and Beyond Iraqi Freedom
Benjamin Dangl
An Interview with Evo Morales on the Colonization of the Americas
Sam Bahour
Can It Ever Really End?
Norman Solomon
That
Pew Poll on "Trade" Doesn't Pass the Sniff Test
Josh Frank
Trade
War Fears
Andrew Cockburn
Tired,
Terrified, Trigger-Happy
December 1, 2003
Fawzia Afzal-Khan
Unholy
Alliances: Zionism, US Imperialism and Islamic Fundamentalism
Dave Lindorff
Bush's
Baghdad Pitstop: Memories of LBJ in Vietnam
Harry Browne
Democracy Delayed in Northern Ireland
Wayne Madsen
Wagging the Media
Herman Benson
The New Unity Partnership for Labor: Bureaucratizing to Organize?
Gilad Atzmon
About
"World Peace"
Bill Christison
US
Foreign Policy and Intelligence: Monstrous Messes
November 29 / 30, 2003
Peter Linebaugh
On
the Anniversary of the Death of Wolfe Tone
Gary Leupp
Politicizing War on Fox News: a Tale of Two Memos
Saul Landau
Lying and Cheating:
Bush's New Political Math
Michael Adler
Inside a Miami Jail: One Activist's Narrative
Anthony Arnove
"They Put the Lie to Their Own Propaganda": an Interview
with John Pilger
Greg Weiher
Why Bush Needs Osama and Saddam
Stephen Banko, III
A Soldier's Dream
Forrest Hylton
Empire and Revolution in Bolivia
Toni Solo
The "Free Trade" History Eraser
Ben Terrall
Don't Think Twice: Bush Does Bali
Standard Schaefer
Unions
are the Answer to Supermarkets Woes
Richard Trainor
The Political Economy of Earthquakes: a Journey Across the Bay
Bridge
Mark Gaffney
US Congress Does Israel's Bidding, Again
Adam Engel
The System Really Works
Dave Lindorff
They, the Jury: How the System Rigs the Jury Pool
Susan Davis
Framing the Friedmans
Neve Gordon
Arundhati Roy's Complaint for Peace
Mitchel Cohen
Thomas Jefferson and Slavery
Ben Tripp
Capture Me, Daddy
Poets' Basement
Kearney, Albert, Guthrie and Smith
November 28, 2003
William S. Lind
Worse Than Crimes
David Vest
Turkey
Potemkin
Robert Jensen / Sam Husseini
New Bush Tape Raises Fears of Attacks
Wayne Madsen
Wag
the Turkey
Harold Gould
Suicide as WMD? Emile Durkheim Revisited
Gabriel Kolko
Vietnam
and Iraq: Has the US Learned Anything?
South Asia Tribune
The Story
of the Most Important Pakistan Army General in His Own Words
Website of the Day
Bush Draft
November 27, 2003
Mitchel Cohen
Why
I Hate Thanksgiving
Jack Wilson
An
Account of One Soldier's War
Stefan Wray
In the Shadows of the School of the Americas
Al Krebs
Food as Corporate WMD
Jim Scharplaz
Going Up Against Big Food: Weeding Out the Small Farmer
Neve Gordon
Gays
Under Occupation: Help Save the Life of Fuad Moussa
November 26, 2003
Paul de Rooij
Amnesty
International: the Case of a Rape Foretold
Bruce Jackson
Media
and War: Bringing It All Back Home
Stew Albert
Perle's
Confession: That's Entertainment
Alexander Cockburn
Miami and London: Cops in Two Cities
David Orr
Miami Heat
Tom Crumpacker
Anarchists
on the Beach
Mokhiber / Weissman
Militarization in Miami
Derek Seidman
Naming the System: an Interview with Michael Yates
Kathy Kelly
Hogtied
and Abused at Ft. Benning
Website of the Day
Iraq Procurement
November 25, 2003
Linda S. Heard
We,
the Besieged: Western Powers Redefine Democracy
Diane Christian
Hocus
Pocus in the White House: Of Warriors and Liberators
Mark Engler
Miami's
Trade Troubles
David Lindorff
Ashcroft's
Cointelpro
Website of the Day
Young McCarthyites of Texas
November 24, 2003
Jeremy Scahill
The
Miami Model
Elaine Cassel
Gulag
Americana: You Can't Come Home Again
Ron Jacobs
Iraq
Now: Oh Good, Then the War's Over?
Alexander Cockburn
Rupert Murdoch: Global Tyrant
Hot Stories
Alexander Cockburn
Behold,
the Head of a Neo-Con!
Subcomandante Marcos
The
Death Train of the WTO
Norman Finkelstein
Hitchens
as Model Apostate
Steve Niva
Israel's
Assassination Policy: the Trigger for Suicide Bombings?
Dardagan,
Slobodo and Williams
CounterPunch Exclusive:
20,000 Wounded Iraqi Civilians
Steve
J.B.
Prison Bitch
Sheldon
Rampton and John Stauber
True Lies: the Use of Propaganda
in the Iraq War
Wendell
Berry
Small Destructions Add Up
CounterPunch
Wire
WMD: Who Said What When
Cindy
Corrie
A Mother's Day Talk: the Daughter
I Can't Hear From
Gore Vidal
The
Erosion of the American Dream
Francis Boyle
Impeach
Bush: A Draft Resolution
Click Here
for More Stories.
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December
19, 2003
The Courts Awaken
Bush,
Ashcroft and Rumsfeld Rebuked for Trampling the Constitution
By ELAINE CASSEL
Thursday, December 18, brought some good news
for those among us who thought the judicial branch of government
was asleep. An independent judiciary is alive and well in two
federal circuits--the Second Circuit (New York) and the Ninth
Circuit (California). Both appeals courts rejected the Bush administration's
claims that President Bush has unlimited power to trample the
civil rights of Americans and prisoners in its control under
the guise of fighting a global war on "terror."
The Second Circuit ruled in the case
of Jose Padilla that President Bush wrongly ordered his detention
as an enemy combatant. The opinion found that there was no legal
basis for the presidential act; in fact, it found law to the
contrary, the Non-Detention Act (18 U.S. Code, Sec. 4001 (1),
that prohibits the military from detaining an American citizen
without an Act of Congress. The law, enacted in 1971, repealed
the 1950 Emergency Detentions Act, that empowered the Attorney
General to detain, during an invasion, insurgency, or declared
war, individuals whom the Attorney General thinks might commit
sabotage (sounds a little like the Patriot Act, doesn't it?).
As the court notes in its opinion, every Senator who voted for
the Non-Detention Act did so because of the disgraceful internment
of Japanese-American citizens during World War II.
The Court further found that Bush overstepped
the Joint Resolution to wage war against terrorism, passed overwhelmingly
by the Congress shortly after September 11. The government's
attorneys argued that the resolution gave the President the power
to detain persons in order to prevent future attacks of terrorism.
The Court said that the plain language of the resolution did
no such thing. It authorized action only against persons, states,
or organizations that planned or participated in the September
11 attacks "in order to prevent future attacks." The
judges ruled that this Joint Resolution in no way abrogates the
Non-Detention Act.
Having found that there was no legal
basis for Bush's order, the court gave Secretary of Defense Donald
Rumsfeld, who has control over Padilla, 30 days to release him.
In the interim, the court noted, federal prosecutors could again
detain him as a material witness (the way he originally came
to the attention of the court, as federal prosecutors in New
York wanted to question him about a plot to detonate a "dirty"
bomb), or charge him with a criminal offense and have him indicted
in federal court.
The government may ask a full panel ("en
banc") of the Second Circuit judges to rehear the case,
a motion the court would likely grant given the gravity and unusual
nature of the case. Depending on the outcome of such a review,
either Padilla or the government could appeal the results to
the U.S. Supreme Court.
The ruling is a great victory for Padilla's
court-appointed lawyer, Donna Newman, who valiantly fought for
Padilla for the 18 months after she lost contact with him. Judge
Michael B. Mukasey had overruled her motion that he be released
and not held as a material witness, but Mukasey ordered that
Padilla had the right to counsel. The government would have none
of that. Lawyers would interfere with their questioning of the
"witness." Rather than play by the rules and allow
him access to his lawyer, the government appealed to some higher
up (Ashcroft? Rumsfeld? Bush?) to name Padilla an "enemy
combatant." When Bush signed the order, the Pentagon sent
officials to remove Padilla from the New York jail where he was
being housed and incarcerate him in a navy brig in Charleston,
South Carolina. Holding Padilla as a military prisoner was the
basis of Newman's petition for habeas corpus, an ancient form
of legal action that challenges the basis of one's detention
by the government.
Taking Padilla (along with the other
American enemy combatant, Yasir Hamdi) to Charleston revealed
another plan, as well--that any protestations from pesky lawyers
would be heard by the conservative Fourth Circuit Court of Appeals.
The Second Circuit brushed aside this effort, finding that it
had jurisdiction over Rumsfeld in this habeas corpus petition
because Rumsfeld directed Padilla's removal from New York.
Out on the West coast, the Ninth Circuit
Court of Appeals did not follow the lead of their brethren on
the U.S. Court of Appeals for the District of Columbia. The D.C.
court had ruled that Guantanamo prisoners have no right to ask
a court to review their detention orders. The Supreme Court has
agreed to hear the prisoners appeal from the D.C. court's ruling
solely to determine if federal courts can entertain the claim
of prisoners' of the U.S. in Guantanamo Bay, Cuba to challenge
their petitions with a writ of habeas corpus.
The disingenuous protestations of the
government notwithstanding (it argues that Guantanamo Bay Naval
Base is part of the sovereign territory of Cuba, even though
the lease with the Cuban government gives the U.S. sole civil
and criminal jurisdiction over people and acts taking place within
its 40-square-mile borders), the Ninth Circuit judges reasoned,
"We simply cannot accept the government's position that
the executive branch possesses the unchecked authority to imprison
indefinitely any persons, foreign citizens included . . . without
permitting such prisoners recourse of any kind to any judicial
forum," said the decision.
If the government files an appeal of
the Ninth Circuit's ruling, the Supreme Court will likely consolidate
the cases and hear argument on both in the Spring of 2004.
Elaine Cassel
practices law in Virginia and the District of Columbia, teachers
law and psychology, and follows the Bush regime's dismantling
of the Constitution at Civil
Liberties Watch. She can be reached at: ecassel1@cox.net
Weekend
Edition Features for Dec. 13 / 14, 2003
Bill and Kathleen Christison
Chickenhearts
at Notre Dame: the Pervasive Fear of Talking About the Israeli
Connection
Stan Goff
Jessica Lynch, Plural
Tariq Ali
The Same Old Racket in Iraq
Jeffrey St. Clair
The Map is not the Territory
Marty Bender / Stan Cox
Dr. Atkins vs. the Planet
Christopher Brauchli
Mercury Rising: the EPA's Presents to Industry
Gary Leupp
On Marriage in "Recorded History", an Open Letter to
Gov. Mitt Romney
Sasan Fayazmanesh
The Saga of Iran's Alleged WMD
Larry Everest
Saddam, Oil and Empire: Supply v. Demand
William S. Lind
How to Fight a 4th Generation War
Fran Shor
From Vietnam to Iraq: Counterinsurgency and Insurgency
Ron Jacobs
Child Abuse as Public Policy
Omar Barghouti
Relative Humanity and a Just Peace in the Middle East
Adam Engel
Pretty Damn Evil: an Interview with Ed Herman
Kristin Van Tassel
Breastfeeding Compromised
Ben Tripp
On Getting Stabbed
Susan Davis
"The Secret Lives of Dentists", a Review
Dave Zirin
Does Dylan Still Matter? an Interview with Mike Marqusee
Norman Madarasz
Searching for the Barbarians
Poets' Basement
Guthrie and Albert
Website of the Weekend
Dean on Race
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