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Today's Stories

October 7, 2003

Gary Leupp
Israel's Attack on Syria: Who's on the Wrong Side of History, Now?

 

October 6, 2003

Robert Fisk
US Gave Israel Green Light for Raid on Syria

Forrest Hylton
Upheaval in Bolivia: Crisis and Opportunity

Benjamin Dangl
Divisions Deepen in Third Week of Bolivia's Gas War

Bridget Gibson
Oh, Pioneers!: Bush's New Deal

Bob Fitrakis and Harvey Wasserman
The Bush-Rove-Schwarzenegger Nazi Nexus

Nicole Gamble
Rios Montt's Campaign Threatens Genocide Trials

JoAnn Wypijewski
The New Unity Partnership:
A Manifest Destiny for Labor

Website of the Day
Guerrilla Funk

 

October 3 / 5, 2003

Tim Wise
The Other Race Card: Rush and the Politics of White Resentment

Peter Linebaugh
Rhymsters and Revolutionaries: Joe Hill and the IWW

Gary Leupp
Occupation as Rape-Marriage

Bruce Jackson
Addio Alle Armi

David Krieger
A Nuclear 9/11?

Ray McGovern
L'Affaire Wilsons: Wives are Now "Fair Game" in Bush's War on Whistleblowers

Col. Dan Smith
Why Saddam Didn't Come Clean

Mickey Z.
In Our Own Image: Teaching Iraq How to Deal with Protest

Roger Burbach
Bush Ideologues v. Big Oil in Iraq

John Chuckman
Wesley Clark is Not Cincinnatus

William S. Lind
Versailles on the Potomac

Glen T. Martin
The Corruptions of Patriotism

Anat Yisraeli
Bereavement as Israeli Ethos

Wayne Madsen
Can the Republicans Get Much Worse? Sure, They Can

M. Junaid Alam
The Racism Barrier

William Benzon
Scorsese's Blues

Adam Engel
The Great American Writing Contest

Poets' Basement
McNeill, Albert, Guthrie

 

October 2, 2003

Niranjan Ramakrishnan
What's So Great About Gandhi, Anyway?

Amy Goodman / Jeremy Scahill
The Ashcroft-Rove Connection

Doug Giebel
Kiss and Smear: Novak and the Valerie Plame Affair

Hamid Dabashi
The Moment of Myth: Edward Said (1935-2003)

Elaine Cassel
Chicago Condemns Patriot Act

Saul Landau
Who Got Us Into This Mess?

Website of the Day
Last Day to Save Beit Arabiya!


October 1, 2003

Joanne Mariner
Married with Children: the Supremes and Gay Families

Robert Fisk
Oil, War and Panic

Ron Jacobs
Xenophobia as State Policy

Elaine Cassel
The Lamo Case: Secret Subpoenas and the Patriot Act

Shyam Oberoi
Shooting a Tiger

Toni Solo
Plan Condor, the Sequel?

Sean Donahue
Wesley Clark and the "No Fly" List

Website of the Day
Downloader Legal Defense Fund

 

September 30, 2003

After Dark
Arnold's 1977 Photo Shoot

Dave Lindorff
The Poll of the Shirt: Bush Isn't Wearing Well

Tom Crumpacker
The Cuba Fixation: Shaking Down American Travelers

Robert Fisk
A Lesson in Obfuscation

Charles Sullivan
A Message to Conservatives

Suren Pillay
Edward Said: a South African Perspective

Naeem Mohaiemen
Said at Oberlin: Hysteria in the Face of Truth

Amy Goodman / Jeremy Scahill
Does a Felon Rove the White House?

Website of the Day
The Edward Said Page


September 29, 2003

Robert Fisk
The Myths of Western Intelligence Agencies

Iain A. Boal
Turn It Up: Pardon Mzwakhe Mbuli!

Lee Sustar
Paul Krugman: the Last Liberal?

Wayne Madsen
General Envy? Think Shinseki, Not Clark

Benjamin Dangl
Bolivia's Gas War

Uri Avnery
The Magnificent 27

Pledge Drive of the Day
Antiwar.com

 

September 26 / 28, 2003

Alexander Cockburn
Alan Dershowitz, Plagiarist

David Price
Teaching Suspicions

Saul Landau
Before the Era of Insecurity

Ron Jacobs
The Chicago Conspiracy Trial and the Patriot Act

Brian Cloughley
The Strangeloves Win Again

Norman Solomon
Wesley and Me: a Real-Life Docudrama

Robert Fisk
Bomb Shatters Media Illusions

M. Shahid Alam
A Muslim Sage Visits the USA

John Chuckman
American Psycho: Bush at the UN

Mark Schneider
International Direct Action
The Spanish Revolution to the Palestiniana Intifada

William S. Lind
How $87 Billion Could Buy Some Real Security

Douglas Valentine
Gold Warriors: the Plundering of Asia

Chris Floyd
Vanishing Act

Elaine Cassel
Play Cat and Moussaoui

Richard Manning
A Conservatism that Once Conserved

George Naggiar
The Beautiful Mind of Edward Said

Omar Barghouti
Edward Said: a Corporeal Dream Not Yet Realized

Lenni Brenner
Palestine's Loss is America's Loss

Mickey Z.
Edward Said: a Well-Reasoned Voice

Tanweer Akram
The Legacy of Edward Said

Adam Engel
War in the Smoking Room

Poets' Basement
Katz, Ford, Albert & Guthrie

Website of the Weekend
Who the Hell is Stew Albert?

 

September 25, 2003

Edward Said
Dignity, Solidarity and the Penal Colony

Robert Fisk
Fanning the Flames of Hatred

Sarah Ferguson
Wolfowitz at the New School

David Krieger
The Second Nuclear Age

Bill Glahn
RIAA Doublespeak

Al Krebs
ADM and the New York Times: Covering Up Corporate Crime

Michael S. Ladah
The Obvious Solution: Give Iraq Back to the Arabs

Fran Shor
Arnold and Wesley

Mustafa Barghouthi
Edward Said: a Monument to Justice and Human Rights

Alexander Cockburn
Edward Said: a Mighty and Passionate Heart

Website of the Day
Edward Said: a Lecture on the Tragedy of Palestine


The Great Alejandro Escavedo Needs Your Help!


September 24, 2003

Stan Goff
Generational Casualties: the Toxic Legacy of the Iraq War

William Blum
Grand Illusions About Wesley Clark

David Vest
Politics for Bookies

Jon Brown
Stealing Home: The Real Looting is About to Begin

Robert Fisk
Occupation and Censorship

Latino Military Families
Bring Our Children Home Now!

Neve Gordon
Sharon's Preemptive Zeal

Website of the Day
Bands Against Bush

September 23, 2003

Bernardo Issel
Dancing with the Diva: Arianna and Streisand

Gary Leupp
To Kill a Cat: the Unfortunate Incident at the Baghdad Zoo

Gregory Wilpert
An Interview with Hugo Chavez on the CIA in Venezuela

Steven Higgs
Going to Jail for the Cause--Part 2: Charity Ryerson, Young and Radical

Stan Cox
The Cheney Tapes: Can You Handle the Truth?

Robert Fisk
Another Bloody Day in the Death of Iraq

William S. Lind
Learning from Uncle Abe: Sacking the Incompetent

Elaine Cassel
First They Come for the Lawyers, Then the Ministers

Yigal Bronner
The Truth About the Wall

Website of the Day
The Baghdad Death Count

September 20 / 22, 2003

Uri Avnery
The Silliest Show in Town

Alexander Cockburn
Lighten Up, America!

Peter Linebaugh
On the Bicentennial of the Execution of Robert Emmet

Anne Brodsky
Return to Afghanistan

Saul Landau
Guillermo and Me

Phan Nguyen
Mother Jones Smears Rachel Corrie

Gila Svirsky
Sharon, With Eyes Wide Open

Gary Leupp
On Apache Terrorism

Kurt Nimmo
Colin Powell: Exploiting the Dead of Halabja

Brian Cloughley
Colin Powell's Shame

Carol Norris
The Moral Development of George W. Bush

Bill Glahn
The Real Story Behind RIAA Propaganda

Adam Engel
An Interview with Danny Scechter, the News Dissector

Dave Lindorff
Good Morning, Vietnam!

Mark Scaramella
Contracts and Politics in Iraq

John Ross
WTO Collapses in Cancun: Autopsy of a Fiasco Foretold

Justin Podur
Uribe's Desperate Squeals

Toni Solo
The Colombia Three: an Interview with Caitriona Ruane

Steven Sherman
Workers and Globalization

David Vest
Masked and Anonymous: Dylan's Elegy for a Lost America

Ron Jacobs
Politics of the Hip-Hop Pimps

Poets Basement
Krieger, Guthrie and Albert

Website of the Weekend
Ted Honderich:
Terrorism for Humanity?

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

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October 7, 2003

Shock and Awe in the Moussaoui Case

Judge Brinkema Drops a Bomb

By ELAINE CASSEL

Judge Leonie Brinkema dropped a bomb on Thursday. In a shock that reverberated around the beltway, where I live and work, lawyers were buzzing about the news. Showing independence from the government and the defense, Brinkema announced the penalty for prosecutors' refusal to produce three witnesses for Zacarias Moussaoui and his attorneys to question. She did exactly what this writer had hoped she would do. She did not dismiss the case, but took the death penalty off the table.

In a 15-page thoughtful, and well-cited and documented decision, Judge Brinkema noted that the law gives her much latitude in meting out sanctions when a party does not comply with discovery orders. The most draconian is dismissal of the case. But that never happens in real life_at least I have never know of it in my 24 years of practice and 24 years of reading cases. Typically, the judge will do something commensurate with the content or context of the noncompliance. For instance, a defendant who refuses to answer a question about whether or not he committed adultery may be barred from questioning witnesses his wife would put on the stand to prove the husband's adultery.

Judge Brinkema laid out generally what it had been suggested the government's hidden witnesses would say in Moussaoui's defense. She reasoned that some of the testimony could indicate that he was not involved directly with the September 11 hijackings and that he had not engaged in any direct acts of terrorism. Further, what she had seen of the government's evidence so far suggested that Moussaoui had done, at worst, little more than plan to do something bad. Perhaps he was involved in some scheming, but that alone would not warrant a death penalty.

The appropriate sanction, she said, and one supported by the evidence as she has seen it unfolding, is that the government should not be able to put into evidence any suggestion that Moussaoui was involved in planning the September 11 attacks. And because the lack of direct involvement obviates the death penalty, then the government could not ask for execution.

In taking this independent approach, Brinkema has thrown the government, the defense, and the 4th Circuit Court of Appeals a curve. The defense attorneys are left somewhat chagrined, I would think, for they joined in the government's request for dismissal, a move this defense attorney thought a bit odd. Surely, we know for a fact that the government will declare

Moussaoui an enemy combatant and move him to Guantanamo or a navy prison if the case is dismissed (they may still do it, for the government makes up its enemy combatant rules as it goes along). They would no longer have a client if he disappeared from federal court. His only chance of getting a fair trial is in federal court. And what better judge could he ever have than Judge Brinkema? If Judge Brinkema had dismissed the case, the 4th Circuit might have found that the witnesses should not be made available but that the case had to go forward, violating Moussaoui's 6th amendment right to confront witnesses. Then their client would be left without exculpatory witnesses and facing death. Had I been Moussaoui's attorneys, I would have asked for what Brinkema did_it would (and did) jam the government where it hurts_the penalty phase.

In keeping the case and taking the needle out of the hands of the prosecutors, Brinkema has put them in a bind. The only thing they have to scream about now is that they can't kill the defendant. The case can go forward.

Indeed, Brinkema said, it must go forward. She noted that all along the government has insisted that "terrorists" can be tried in federal court. They can, she said, but they will get the rights any federal court defendant gets. Further, she said, she and everyone else had spent way too much time, money, and energy on this case to walk away from it.

The 4th Circuit will have a hard time overturning Judge Brinkema's ruling. Trial judges have wide latitude in dealing with discovery sanctions and with making evidentiary decisions. Of course, the 4th Circuit has been known to reach before_they did it recently in the Hamdi case, in saying that no court can question a person's enemy combatant status. But if they reverse her ruling that Moussaoui cannot face execution, the court, Ashcroft, and the prosecutors will look the bloodthirsty henchmen that they are.

They wanted to gloss over the trail part, and march straight to the execution chamber. Now, they will have to endure a trial and be content with less than death. Unless, of course, a military helicopter swoops down in Alexandria and hauls Moussaoui away in the dead of night. I wouldn't put that past the prosecutors, but such a move would be so obviously done to avoid the rule of law, that few but the most stalwart of Ashcroft supporters would defend such an action.

I heard Judge Brinkema give a brief talk at a recent attorney gathering. She talked about how times had changed since she first came to federal court in Alexandria 20 or so years ago, then as a prosecutor. She urged attendees to go to the National Archives and stand in awe of the new exhibit_the Declaration of Independence, the Constitution, and the Bill of Rights displayed all in one room, with the entire documents visible for viewing. We are nothing as a nation, she said, without the rule of law. She called on prosecutors to try cases within the law and for defense attorneys to hold the prosecutors to the law. She said nothing of her role. But we saw it yesterday.

She judges according to the law. Ironic, though, that her applying the rule of law to a Muslim "terrorist" is a shock to what we have grown to expect in trials post-September 11. And thus, all the more awe-inspiring.

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 Sept. 26 / 28, 2003

Tim Wise
The Other Race Card: Rush and the Politics of White Resentment

Peter Linebaugh
Rhymsters and Revolutionaries: Joe Hill and the IWW

Gary Leupp
Occupation as Rape-Marriage

Bruce Jackson
Addio Alle Armi

David Krieger
A Nuclear 9/11?

Ray McGovern
L'Affaire Wilsons: Wives are Now "Fair Game" in Bush's War on Whistleblowers

Col. Dan Smith
Why Saddam Didn't Come Clean

Mickey Z.
In Our Own Image: Teaching Iraq How to Deal with Protest

Roger Burbach
Bush Ideologues v. Big Oil in Iraq

John Chuckman
Wesley Clark is Not Cincinnatus

William S. Lind
Versailles on the Potomac

Glen T. Martin
The Corruptions of Patriotism

Anat Yisraeli
Bereavement as Israeli Ethos

Wayne Madsen
Can the Republicans Get Much Worse? Sure, They Can

M. Junaid Alam
The Racism Barrier

William Benzon
Scorsese's Blues

Adam Engel
The Great American Writing Contest

Poets' Basement
McNeill, Albert, Guthrie

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