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Inside Iraq's Resistance
HOT HOT HOT New CounterPunch Print Edition!

Meet actual Iraqis and not just Western caricatures. Laith al-Saud interviews top man in Iraq's national resistance. It's not just Abu Ghraib and bids to kill Fidel Castro. Torture and assassination are integral parts of America's imperial machine. Don't miss Andrew Wimmer's searing journey into the soul of a nation that tortures as a way of life. Plus Alexander Cockburn on the killing of General Kassem. PLUS Sam Sillen's rollicking exhumation of Edmund Wilson as Malthusian Trostskyite. 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!

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Today's Stories

October 10, 2005

Paul Craig Roberts
The Police State is Closer Than You Think

October 8 / 9, 2005

Alexander Cockburn
Rhetoric and Reality in the Business of Getting Rid of Black People

Ralph Nader
Katrina and the Growls of Greed

Jennifer Van Bergen
New American Law: Legal Strategies in the Dharfir Case

Saul Landau
An Oily Religious Dream

Jeff Halper
Setting Up Abbas

Lenni Brenner
The Millions More Movement and Zionism

Nikolas Kozloff
Bird Flu and Bush

Brian Cloughley
Training Soldiers in Iraq

Alice Slater
A Nobel Prize for Chernobyl?

John Gautreaux
A View from Cajun Country

Fred Gardner
Does the Controlled Substances Act Mean What It Says?

Niranjan Ramakrishnan
The Leveethan Approach

M.G. Piety
Rot in the Ivory Tower: Collusion, Cover-Up and Kierkegaard

Tom Gorman
The Hitchens Doctrine

Mike Whitney
Bunker Days with George

Aseem Shrivastava
Beyond the Wasteland: Lessons from Afghanistan

Ben Tripp
Religion, an Epistle

Poets' Basement
Albert, Engel and Ford

 

October 7, 2005

Larry Johnson
The Plame Case: the Real Issues

Will Youmans
Why Do We Hate Our Freedom? Recruiters and Thugs on Campus

Dave Lindorff
Bird Flu: Evolution or Intelligent Design?

Judith Scherr
Haiti's Children's Prison

Russell D. Hoffman
Nukes for Peace, Revisited?: Nobel Prize Debacle

Jared Bernstein
Katrina and Jobs

Jennifer Van Bergen
New American Law: the Case of Dr. Dhafir

Website of the Day
FBI Witchhunt


October 6, 2005

P. Sainath
"Take That, Tom Friedman": Indian Masses Reject NYT's Neoliberal Idol Again

Scott Parkin
When Antiwar Activists Get Mugged

Paul Craig Roberts
Blundering into Syria

Andréa Schmidt
Haiti's Biometric Elections: a High-Tech Experiment in Exclusion

Dave Lindorff
Easy Money in the Big Easy

Joshua Frank
In Defense of Lew Rockwell

M. Junaid Alam
Jackboots at George Mason

Matthew Koehler
Cock and Bull on the Bitterroot

Robert Pollin
Is the Dollar Still Falling?

 

October 5, 2005

Heather Gray
Militarization is Not an Answer for Reconstruction: the Case of the Philippines

Robert Jensen
Is Bush a Racist?

Ramzy Baroud
Bush's Final Choice: America or the Empire

Col. Dan Smith
Keeping Promises to Iraq: "Everything is Bad"

Dave Zirin
Barry Bonds Laughs Last

Paul Craig Roberts
Liberal Guilt? How the Neocons Took Over

Alan Maass
Doing the Right Wing's Dirty Work

 

October 4, 2005

Nikolas Kozloff
Shocking the Two Party System: a Political Opportunity for Sheehan and the Antiwar Mvt.

Mike Roselle
Houston, You've Got a Problem

Joshua Frank
The Scoop on Harriet Miers

John Chuckman
War Porn: What the Gruesome Images Say

Alan Farago
Storm Warning for Jeb: Developers, Hurricanes and the Keys

Mickey Z.
An Interview with Thaddeus Rutkowski

Christine & Ethan Rose
Home Depot Exploits Hurricane Victims

Gary Leupp
An Earlier Empire's War on Iraq: a Lesson from Roman History

Website of the Day
Rodney Crowell on Bob Dylan

 

October 3, 2005

Vijay Prashad
Desperation at Holyoke

Paul Craig Roberts
Condi Rice: Gunslinger

Joshua Frank
An Interview with Cindy Sheehan

Seth Sandronsky
The Hiring Crisis for Black Teens

Jeffrey St. Clair
The Great Green Scare

 

October 1 / 2, 2005

Cockburn / St. Clair
Democrats Sink Deeper into the Ooze

Dave Marsh
A Direction Home: a Message from Bob Dylan

Ralph Nader
Gutless, Spineless and Clueless

Flavia Alaya
Showdown at Sheriff's Plaza

Uri Avnery
The Gladiators: Sharon's Victory

Chris Kutalik
The Battle at Northwest Airlines

Greg Moses
Bill Bennett's Book of Cracker Virtues

Brian J. Foley
I Gave My Copy of the Constitution to a Pro-War Vet

Nicole Colson
Hunger Strike at Gitmo

Ray McGovern
Abu Ghraib is a Command Responsibility

Fred Gardner
Ricky Williams Takes a Late Hit

Justin Felux
Save America from Crime: Abort Every White Baby!

Will Youmans
"Free the P": Hip-Hop for Palestine

Mike Ferner
What Else Shall We Do?

David Krieger
The War in Iraq: a Broken Covenant

Agustin Velloso
Samson Returns to Gaza

Saul Landau
The Constant Gardener: Serious Cinema

Ben Tripp
Right Down the Middle

Poets Basement
Peddibone, Crowell, Engel and Albert

Website of the Weekend
Holler If Ya Hear Me

 

September 30, 2005

Mary Geddry
Why I Marched: They Made My Son Kill

Paul Craig Roberts
Bush is Cooking Up Two New Wars

Dave Lindorff
Judith Miller's Strange Voluntary Jail Time

Gregory Wilpert
"The Osama Bin Laden of Latin America"

Benjamin Dangl
"Gringo, Go Home:" an Interview with Orlando Castillo

James McMurtry
We Can't Make It Here Anymore

T.R. Johnson
Return to the Ninth Ward

 

September 29, 2005

Sen. Russ Feingold
Bush's Iraq War is Weakening America

Carl G. Estabrook
Obama the Enabler

Ramzy Baroud
Rhetoric and Reality of War

Dave Lindorff
What Opposition Party?

Mike Whitney
Brownie's Comic Opera

Jozef Hand-Boniakowski
What Noble Cause?

Gary Handschumacher
Getting Arrested with Cindy Sheehan

Winslow T. Wheeler
No Leaders in Congress Against This War: Lame Democrat and Tame Republicans

 

September 28, 2005

Dr. Eyad Serraj
Letter from Gaza: What Disengagement Sounds Like

William A. Cook
Bush's Security Barrier

Liaquat Ali Khan
The Invention of Porno Torture

Mike Whitney
Apartheid Justice in America

Joshua Frank
Sheehan and the Democrats: Anybody Home?

CounterPunch Wire
New Orleans Prisoners Abandoned to Floodwaters

Chris Genovali
Cutting the Bears Out of the Great Bear Rainforest

Linn Washington, Jr.
White Affirmative Action: How John Roberts Got to the Top

 

September 27, 2005

Forrest Hylton
Political Murder in Puerto Rico: a Matter for Our Movement

Jason Leopold
The Decline and Fall of Bill Frist

Jennifer K. Harbury
Torture is US Policy, Not an Aberration

Ray McGovern
Torture and Cowardice: Why are American Religious Leaders Silent?

Mike Ferner
Bringing the War Home: Arrested at the Pentagon

Antony Loewenstein
When the Truth Comes to Town: What You Can't Say About Israel in Australia

Harry Browne
Live from Hollywood: the IRA Disarms

 

September 26, 2005

Rafael Rodriguez Cruz
Assassination in Puerto Rico: the FBI Murders a Legend

Joshua Frank
Democrats Flee Peace Protests

Lamis Andoni
The Railroading of Taysir Alony

Mike Marqusee
Those Pesky "Urban Intellectuals": Blair, Spiro Agnew and the Antiwar Movement

Rep. Cynthia McKinney
They Can't Fool Us Anymore

Ron Jacobs
A Small March for Me, a Giant March for the Antiwar Movement

Norman Solomon
The Media and the Antiwar Movement

John Chuckman
Bush in a Bottle

Paul Craig Roberts
America is Running Out of Time

 

September 24 / 25, 2005

Kathy and Bill Christison
Polluting Palestine: Settlements & Sewage

Ralph Nader
Stealing the Moment: How Corporations Cashed in on Katrina

Saul Landau
The Terrorist Resumé of Luis Posada

Greg Moses
A Movement Gathers Power on the Sorrow Plateau

Roger Burbach
Hugo Chavez's Mission

Vijay Prashad
America's Shame

Laura Carlsen
After NAFTA

Robert Fisk
When Man and Nature Conspire to Expose the Lies of the Powerful

Dave Lindorff
A Gusher Called Katrina: They Fix Oil Prices, Don't They?

Kirkpatrick Sale / Thomas Naylor
Secession from the Empire: the Middlebury Declaration

Maj. Anthony Milavic
The US Military and Torture: the View of a Former Interrogator

Brian Concannon, Jr.
Haiti: the Time for Action is Now

 

September 23, 2005

CounterPunch News Service
In Which, Phil Donahue Demolishes Bill O'Reilly

Diane Farsetta
Katrina and Right-Wing Think Tanks

Robert Sandels
Militarizing the Market

Christopher Brauchli
Bush: the Good Samaritan for Corporations

Alan Farago
Bird Flu Takes Flight

Dave Zirin
When Sports & Politics Collided: Redeeming the Olympic Martyrs of 1968

Maxine Conant
A Simple Test for Bush

David Price
Workers Get Hit Twice: Katrina and Davis-Bacon Profiteering

 

September 22, 2005

Smith, Wood, Leas, and Greenfield
Which Way Forward for the Green Party? a Report from Tulsa

Patrick Cockburn
Iraqis: This Government has No Authority

Manuel Garcia, Jr.
Thinking is Religious Freedom

Lucia Dailey
Trial of the St. Patrick's Four: Day One

Mokhiber / Weissman
Are You a Speed Freak?

Russell D. Hoffman
The Nukes in Rita's Path

Kona Lowell
God's Hurricane?

Jason Leopold
GOP Fiscal Policy and Katrina

Website of the Day
Robert Pollin on the Global Economy

 

September 21, 2005

Jorge Mariscal
Military Recruiters: Counselers or Salesmen?

Linda S. Heard
Double Standards in Iraq: Basra Brit Jailbreak

Joshua Frank
NYPD Unplugs Cindy Sheehan

Eric Ruder
"The Problem in Iraq is the US": an Interview with Camilo Mejia

Pierre Tristam
The Struts and Bull Presidency

Dave Lindorff
The Real Story of the German Elections

Mike Ferner
Sit Down in DC

Missy Comley Beattie
Bush's Katrina Bling Bling

Jeffrey St. Clair
W Marks the Spot

Website of the Day
New Orleans: Survivor Stories

 

September 20, 2005

Steve Breyman
Toxic Gumbo: Katrina and Environmental Justice

George Galloway
Et Tu, Greg Palast?

Patrick Cockburn
What Happened to Iraq's Missing $1 Billion?

M. Shahid Alam
Gen. Musharraf and Israel: Is Pakistan Selling Out?

Mike Whitney
The Gitmo Hunger Strikers

Winslow T. Wheeler
It's Not Rocket Science

Niranjan Ramakrishnan
Back to the Future: North Korea's Gambit

Paul Craig Roberts
Will Neocon Fanaticism Destroy America?

 

 

 

 

Subscribe Online

October 10, 2005

The Corpse of Habeas Corpus

The Police State is Closer Than You Think

By PAUL CRAIG ROBERTS

Police states are easier to acquire than Americans appreciate.

The hysterical aftermath of September 11 has put into place the main components of a police state.

Habeas corpus is the greatest protection Americans have against a police state. Habeas corpus ensures that Americans can only be detained by law. They must be charged with offenses, given access to attorneys, and brought to trial. Habeas corpus prevents the despotic practice of picking up a person and holding him indefinitely.

President Bush claims the power to set aside habeas corpus and to dispense with warrants for arrest and with procedures that guarantee court appearance and trial without undue delay. Today in the US, the executive branch claims the power to arrest a citizen on its own initiative and hold the citizen indefinitely. Thus, Americans are no longer protected from arbitrary arrest and indefinite detention.

These new "seize and hold" powers strip the accused of the protective aspects of law and give rein to selectivity and arbitrariness. No warrant is required for arrest, no charges have to be presented before a judge, and no case has to be put before a jury. As the police are unaccountable, whoever is selected for arrest is at the mercy of arbitrariness.

The judiciary has to some extent defended habeas corpus against Bush's attack, but the protection that the principle offers against arbitrary seizure and detention has been breeched. Whether courts can fully restore habeas corpus or whether it continues in weakened form or passes by the wayside remains to be determined.

Americans may be unaware of what it means to be stripped of the protection of habeas corpus, or they may think police authorities would never make a mistake or ever use their unbridled power against the innocent. Americans might think that the police state will only use its powers against terrorists or "enemy combatants".

But "terrorist" is an elastic and legally undefined category. When the President of the United States declares: "You are with us or against us," the police may perceive a terrorist in a dissenter from the government's policies. Political opponents may be regarded as "against us" and thereby fall in the suspect category. Or a police officer may simply have his eye on another man's attractive wife or wish to settle some old score. An enemy combatant might simply be an American who happens to be in a foreign country when the US invades. In times before our own when people were properly educated, they understood the injustices that caused the English Parliament to pass the Habeas Corpus Act of 1679 prohibiting the arbitrary powers that are now being claimed for the executive branch in the US.

The PATRIOT Act has given the police autonomous surveillance powers. These powers were not achieved without opposition. Civil libertarians opposed it. Bob Barr, the former US Representative who led the impeachment of President Clinton, fought to limit some of the worst features of the act. But the act still bristles with unconstitutional violations of the rights of citizens, and the newly created powers of government to spy on citizens has brought an end to privacy.

The prohibition against self-incrimination protects the accused from being tortured into confession. The innocent are no more immune to pain than the guilty. As Stalin's show trials demonstrated, even the most committed leaders of the Bolshevik revolution could be tortured into confessing to be counter-revolutionaries.

The prohibition against torture has been breeched by the practice of plea bargaining, which replaces jury trials with negotiated self-incrimination, and by sentencing guidelines, which transfer sentencing discretion from judge to prosecutor. Plea bargaining is a form of psychological torture in which innocent and guilty alike give up their right to jury trial in order to reduce the number and severity of the charges that the prosecutor brings.

The prohibition against physical torture, however, held until the US invasions of Afghanistan and Iraq. As video, photographic, and testimonial evidence make clear, the US military has been torturing large numbers of people in its Iraq prisons and in its prison compound at Guantanamo, Cuba. Most of the detainees were people picked up in the equivalent of KGB Stalin-era street sweeps. Having no idea who the detainees are and pressured to produce results, torture was applied to coerce confessions.

Everyone is disturbed about this barbaric and illegal practice except the Bush administration. In an amendment to a $440 billion defense budget bill last Wednesday, the US Senate voted 90 to 9 to ban "cruel, inhuman or degrading treatment or punishment" of anyone in US government custody. President Bush responded to the Senate's will by repeating his earlier threat to veto the bill. Allow me to torture, demands Bush of the Senate, or you will be guilty of delaying the military's budget during wartime. Bush is threatening the Senate with blame for the deaths of US soldiers who will die because they don't get their body armor or humvee armor in time.

It will be a short step from torturing detainees abroad to torturing the accused in US jails and prisons.

The attorney-client privilege, another great achievement, has been breeched by the Lynne Stewart case. As the attorney for a terrorist, Stewart represented her client in ways disapproved by prosecutors. Stewart was indicted, tried, and convicted of providing material support to terrorists.

Stewart's indictment sends a message to attorneys not to represent too dutifully or aggressively clients who are unpopular or demonized. Initially, this category may be limited to terrorists. However, once the attorney-client privilege is breeched, any attorney who gets too much in the way of a prosecutor's case may experience retribution. The intimidation factor can result in an attorney presenting a weak defense. It can even result in attorneys doing as the Benthamite US Department of Justice (sic) desires and helping to convict their client.

In the Anglo-American legal tradition, law is a shield of the accused. This is necessary in order to protect the innocent. The accused is innocent until he is proven guilty in an open court. There are no secret tribunals, no torture, and no show trials.

Outside the Anglo-American legal tradition, law is a weapon of the state. It may be used with careful restraint, as in Europe today, or it may be used to destroy opponents or rivals as in the Soviet Union and Nazi Germany.

When the protective features of the law are removed, law becomes a weapon. Habeas corpus, due process, the attorney-client privilege, no crime without intent, and prohibitions against torture and ex post facto laws are the protective features that shield the accused. These protective features are being removed by zealotry in the "war against terrorism."

The damage terrorists can inflict pales in comparison to the loss of the civil liberties that protect us from the arbitrary power of law used as a weapon. The loss of law as Blackstone's shield of the innocent would be catastrophic. It would mean the end of America as a land of liberty.

Paul Craig Roberts has held a number of academic appointments and has contributed to numerous scholarly publications. He served as Assistant Secretary of the Treasury in the Reagan administration. His graduate economics education was at the University of Virginia, the University of California at Berkeley, and Oxford University. He is coauthor of The Tyranny of Good Intentions. He can be reached at: paulcraigroberts@yahoo.com








 


 

 

 











 

 

 

 

 

 

 

 

 

 

 






 

 

 

 



CLARIFICATION

ALEXANDER COCKBURN, JEFFREY ST CLAIR, BECKY GRANT AND THE INSTITUTE FOR THE ADVANCEMENT OF JOURNALISTIC CLARITY, COUNTERPUNCH

We published an article entitled "A Saudiless Arabia" by Wayne Madsen dated October 22, 2002 (the "Article"), on the website of the Institute for the Advancement of Journalistic Clarity, CounterPunch, www.counterpunch.org (the "Website").

Although it was not our intention, counsel for Mohammed Hussein Al Amoudi has advised us the Article suggests, or could be read as suggesting, that Mr Al Amoudi has funded, supported, or is in some way associated with, the terrorist activities of Osama bin Laden and the Al Qaeda terrorist network.

We do not have any evidence connecting Mr Al Amoudi with terrorism.

As a result of an exchange of communications with Mr Al Amoudi's lawyers, we have removed the Article from the Website.

We are pleased to clarify the position.

August 17, 2005



 

 

 

 

 

 

 

 

 

 

 

 

 

 

Coming in the Fall
from CounterPunch Books!
The Case Against Israel
By Michael Neumann

Click Here to Advance Order Philosopher Michael Neumann's Devastating Rebuttal of Alan Dershowitz

WHAT'S INSIDE
Grand Theft Pentagon:
Tales of Greed and Profiteering in the War on Terror

by Jeffrey St. Clair