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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 26, 2005 Arthur
Mitzman Jorge
Mariscal
May 25, 2005 Camilo
Mejia Dave
Lindorff William
S. Lind Chris
Floyd Brian
Cloughley Lenni
Brenner Sean
Cain Karl
Shepard John
Ross Website
of the Day
Dave
Zirin Michele
Bollinger Winslow
Wheeler Uri
Avnery Michael
Donnelly Joshua
Frank Stephen
Dunifer Paul
Craig Roberts
May 23, 2005 Esther
Sassaman / Thomas Nagy Mike
Whitney Ramzy
Baroud Michael
Dickinson Walter
Brasch Dick
J. Reavis Maria
Tomchick Norman
Solomon Kevin
Zeese Website
of the Day
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 26, 2005 Military Enlistment: or When a Contract Isn't ContractSantiago v. RumsfeldBy JORGE MARISCAL It is an axiom among activists working in the area of counter-recruitment that the enlistment contract isn't worth the paper it's printed on. What this means in practical terms is that whatever a recruiter promises to deliver to a new recruit-specific jobs or assignment, length of service, benefits, or even citizenship-can be withdrawn or changed at any time. Section C, Paragraph 9(b) of the enlistment contract states:
While this loophole is well known in counter-recruitment circles, it obviously is not something recruiters emphasize to young people and their families. Major David Griesmer, public affairs officer for the Marine Corps Recruiting Command based in Quantico, Virginia, for example, recently described the recruitment process to the San Francisco Chronicle:
But the Pentagon's stand down of all recruitment activities on May 20 was a warning flag signaling widespread recruiter deception and unethical conduct. More important, the recent case brought by a National Guard soldier against the Pentagon puts the lie to Major Griesmer's claim and sheds new light on the true nature of the military enlistment contract, a contract that according to this recent court decision is no contract at all. In Santiago v. Rumsfeld, the curtain concealing the realities of military service is pulled back to reveal the literal meaning of G.I. (government issue) or the soldier as property. Emiliano Santiago, the young Mexican immigrant who brought the case, was not a political activist and did not oppose the wars in Afghanistan and Iraq. The son of migrant farmworkers, he enlisted in the Oregon National Guard for one of the more intangible reasons young people sign up-the lure of the uniform. He recalls his recruiter telling him that the National Guard would never leave the United States "unless there was World War III." For almost eight years, the recruiter's partial truth held up for Santiago even though thousands of National Guard troops already had been sent to Afghanistan and Iraq. With only two weeks left in the Guard, Santiago was ordered to report to Fort Sill where his unit was prepariing for deployment to Afghanistan. Because his term of enlistment was technically over Santiago decided to challenge the government. Currently more than a dozen soldiers affected by the so-called stop-loss policy have filed similar lawsuits. Between 40,000 and 50,000 active-duty, reserve, and National Guard personnel have had their terms extended under the policy since 2001. Santiago and his attorneys lost the first round in the U.S. District Court in Oregon, and immediately appealed to the U.S. Ninth Circuit. On May 13, 2005, a panel of three judges upheld the lower court's ruling and thereby validated the government's position. In their opinion, the judges invoked Title 10 § 12305(a) of the U.S. Code which reads in part:
According to Santiago's lawyers, such presidential power is granted only when Congress has declared war or a national emergency. President Bush declared a national emergency on September 14, 2001 but Congress has yet to do so. The presidential decree has been renewed each year since 2001 even though U.S. Code Title 50 § 1622 reads:
The Ninth Circuit Court's decision underwrites the almost unlimited power of the executive branch in national security situations, affirming the government's contention that "threre is no basis for the notion that principles of construction drawn from commercial contract disputes can be invoked to transform a vital federal statute into a dead letter, especially in the crucial area of the President's power to command the military and protect this Nation's security." Of greater interest to counter-recruitment activists are the arguments made about the legal status of military personnel. In both the district court case and the Ninth Circuit case government lawyers argued that contractual obligations did not apply in the Santiago case because upon entering the military the status of a "citizen" shifts to that of "soldier." Basing its argument on Bell v. United States (1961), itself based on an 1890 decision, the government stipulated: "Enlistment in the armed forces does not constitute merely a bargain between two parties, but effects a change of status by which 'the citizen becomes a soldier.'" Under this new status, "common law contract principles yield to federal statutes and regulations." The government further argued: "The terms of an enlistment contract certainly cannot circumscribe the authority of the Presidentto conduct the nation's military policy." The Ninth Circuit's ruling reiterated that the military enlistment contract "provides notice that changes in federal law-even if inconsistent with the written terms of the contract-would apply" given that "the contract itself specifies that unlisted contingencies may cause an alteration in the agreed upn terms." In short, every recruit who signs an enlistment contract has just signed away his or her fundamental rights as a U.S. citizen. Acknowledging the "disruption, hardship, and risk that extension of his enlistment is causing Santiago to endure," the Ninth Circuit nevertheless upheld the original decision and in effect sent Santiago packing to Afghanistan. Post-trial comments by the Pentagon spokesmen denied that the purpose of stop-loss orders was to compensate for recent recruitment shortfalls. Rather, argued Lt. Col. Bryan Hilferty, "It's about teams I think most Americans would prefer that, even if they're opposed to the war, that they fight together as teams." Apparently, as Emiliano Santiago learned the hard way, the U.S. military is a "team" that recruits young men and women under false pretenses and then never allows them to quit. Santiago's new estmated date of separation from the National Guard is December 25, 2031. The government has assured him that the date is simply an "administrative convenience." Jorge Mariscal teaches Chicano Studies at the University
of California, San Diego. He is a member of Project YANO (San Diego),
a counter-recruitment and anti-militarism organization. Visit
his blog at: jorgemariscal.blogspot.com/
He can be reached at: gmariscal@ucsd.edu
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