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Today's Stories March 17, 2008 Pam Martens Sasan Fayazmanesh March 15 / 16, 2008 Patrick Cockburn Mike Whitney Ralph Nader Robert Pollin Diane Christian Wajahat Ali Tom Wright
/ Alan Farago Greg Moses Michael Hudson Martha Rosenberg John Goekler Uzma Aslam
Khan Oren Ben-Dor David Underhill Fred Gardner David Michael
Green Rev. William E. Alberts Gail Dines David Yearsley Chris Clarke Poets' Basement Website of
the Day
March 14, 2008 Paul Craig
Roberts Don Santina
Patrick Cockburn
Tim Rinne Robert Fantina
Saul Landau
David Macaray
Franklin Lamb
Michael Neumann
March 13, 2008 Paul Craig
Roberts Mike Whitney
Assaf Kfoury
Andy Worthington Adam Federman
March 12, 2008 Dave Lindorff
R.F. Blader
Yonatan Mendel
Jonathan Cook
Bill and Kathy
Christison James J. Brittain
Ron Jacobs
March 11, 2008 Paul Craig
Roberts Ed O'Loughlin
Ramzy Baroud Kathy Christison
China Hand John Joslin
Mike Averko
Ben Rosenfeld
Thierry Paquot
March 10, 2008 Uri Avnery
Col. Dan Smith
R.F. Blader
Michael Neumann
Bob Fitrakis
and Harvey Wasserman James J. Brittain
Missy Comley
Beattie March 8-9, 2008 Weekend Edition JoAnn Wypijewski
Mike Whitney
Peter Morici
Ralph Nader
Jonathan Cook
Steve Niva
Bill and Kathy
Christison Hervé
Do Alto and Franck Poupeau Eric Walberg
Scott Johnson
Mark Scaramella
Bill Clinton Poet's Basement
Website of
the Weekend March 7, 2008 Patrick Cockburn
Robin Blackburn
Saul Landau
Binoy Kampmark
Chris Floyd
Andy Worthington Will Potter March 6, 2008
March 6, 2008 Vincent Navarro Forrest Hylton Peter Morici George Ciccariello-Maher John Ross Jacob Hornberger Paul Watson Dan Bacher Website of the Day
March 5, 2008 Cockburn /
St. Clair Joanne Mariner Fidel Castro Christopher
Brauchli Steven Sherman Dave Lindorff James Murren Adam Engel Website of Day
March 4, 2008 Wajahat Ali William Blum Bill Quigley Ralph Nader Patrick Irelan James J. Brittain
/ Norman Solomon Jacob Hornberger Andy Worthington Mike Averko Website of the Day
March 3, 2008 Jennifer Loewenstein Alan Farago Richard Gott Wajahat Ali Paul Craig Roberts Robert Weissman Uri Avnery Martha Rosenberg Eva Liddell Michael Donnelly Website of the Day
March 1 / 2, 2008 Alexander Cockburn Paul Craig
Roberts Kathleen and Bill Christison Nelson P. Valdés Christopher Brauchli Ron Jacobs John Ross Robert Fantina Robert Weissman Mohammed Omer Remi Kanazi Bob Jackson Richard Rhames Franklin Lamb Rannie Amiri David Michael
Green Conn Hallinan Faheem Hussain Poets' Basement Website of
the Weekend
February 29, 2008 Matt Gonzalez Jonathan Cook Joshua Frank Anthony DiMaggio Linn Washington, Jr. Binoy Kampmark Robert Bryce Sonja Karkar Dave Lindorff Website of
the Day
February 28, 2008 Patrick Cockburn Fred Gardner Michael Levitin William S.
Lind David Macaray Stephen Fleischman George Wuerthner Laura Carlsen Carl Finamore Michael Dickinson Website of the Day
February 27, 2008 David Rosen Vijay Prashad Harvey Wasserman Andy Worthington Wajahat Ali Peter Morici Stephen Philion Michael Donnelly Erica Rosenberg / Website of
the Day
February 26, 2008 Debbie Nathan Alan Dershowitz
Harvey Wasserman Michael Colby Gary Leupp David Orchard Martha Rosenberg Fran Shor Serge Halimi Global Balkans Website of
the Day
February 25, 2008 Roger Morris Anthony DiMaggio Ralph Nader Patrick Cockburn Paul Craig Roberts Peter Morici Dave Lindorff Saul Landau
/ Heather Gray Robert Weitzel John Halle Website of the Day
Alexander Cockburn Paul Craig
Roberts Wajahat Ali Ralph Nader Jürgen
Vsych Fidel Castro Andy Worthington David Macaray Jeremy Scahill David Krieger Ron Jacobs Michael Garrity Brian McKenna Missy Beattie Fred Gardner Boris Kagarlitsky Mike Ferner Dan Bacher Christopher
Ketcham Poets' Basement Website of
the Weekend
February 22, 2008 Mike Whitney Jason Hribal Liaquat Ali Khan Joshua Frank Dave Lindorff Liliana Segura Robert Fantina Yifat Susskind Norm Kent Website of
the Day February 21, 2008 Saul Landau Elizabeth Schulte Helen Redmond Benjamin Dangl Michael Levitin Liam Leonard Patrick Irelan Linn Cohen-Cole Michael Simmons CounterPunch
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St.
Patrick's Day Edition Democracy Day in PakistanNo Pardon for MusharrafBy LIAQUAT ALI KHAN Pakistan's newly-elected Parliament meets on Monday, March 17, to form a new government. Monday is "democracy day" ending the eight years of military rule. Former Army Chief Pervez Musharraf, however, refuses to step down and claims to be the nation's lawful President. Close to a two-thirds majority of the Parliament and an overwhelming majority of lawyers of Pakistan see Musharraf as a usurper. Facing a hostile Parliament and an uncompromising Bar, Musharraf would offer to make a deal. He would relinquish power if he could safely leave the country (and perhaps fly away to the United States). This essay argues that Pakistan's Parliament must not pardon Musharraf, openly or secretly. The people of Pakistan want their day in court.
The lawyers of Pakistan see Musharraf as a criminal who unlawfully occupies the nation's highest office. Musharraf has committed numerous crimes. Two, however, stand out. On November 3, 2007, Musharraf suspended the Constitution exercising the non-existent powers of the Army Chief. Neither the Constitution, national laws, nor the Military Code confers power on the Army Chief to proclaim emergency and suspend the Constitution. Musharraf has presumptively committed the constitutional crime of high treason and his continuing occupation of the office of President is unlawful. The Constitution mandates that the Parliament "by law provide for the punishment of persons found guilty of high treason." In exercising this power, however, the Parliament must respect international standards and the national criminal justice system that confer numerous rights on criminal defendants. Article 10 of the Constitution, which Musharraf suspended during the November 2007 Proclamation of Emergency, requires that the person in custody be "informed of the grounds for such arrest. . . and not be denied the right to consult and be defended by a legal practitioner of his choice." In addition to perpetrating the crime of high treason, Musharraf committed the crime of massacre. In July, 2007, after prolonging a manufactured showdown with seminarians in the Red Mosque located in Islamabad, Musharraf ordered the killings of innocent men, women, and children trapped within the Mosque. In asserting the rule of law, the Supreme Court ordered an investigation of the massacre. Compounding his crime, Musharraf charged the Supreme Court with supporting terrorism. And exercising the non-existent powers of the Army Chief, Musharraf fired and arrested numerous top judges of the high courts, including the Chief Justice who still has not been freed. Musharraf's lawyers will have to explain to the trial court whether the Army Chief, in committing the crime of massacre, has the authority to openly subvert the integrity and dignity of the judiciary.
In prosecuting Musharraf for high treason and other crimes, the new Pakistani government might come under some foreign pressure to pardon Musharraf. Except for the United States, however, many nations would see Musharraf's criminal prosecution as Pakistan's internal matter. European nations will not support a despised dictator. China rarely caters to losers and is unlikely to raise the issue with the new government. Saudi Arabia will not rescue a self-appointed reformer of Islam. India will only harm Musharraf if it supports him. That leaves the United States in the field alone. The Bush administration may pressure Pakistan's new government to pardon Musharraf. Soon after the February elections, Bush encouraged Musharraf to stay as Pakistan's Head of the State. That commitment has now dramatically weakened, and rightfully so. The United States cannot risk alienating the people of Pakistan and the new government for the sake of a former dictator who has lost the military uniform, popularity, and constitutional legitimacy. For pragmatic American policymakers, Musharraf has outlived his utility; and the time is ripe to ditch a useless operator. As a possible favor to Musharraf, the Bush administration might ask the new government for his safe exit to the United States. Many in the Bush administration, however, will vote against pressuring the new government to do so because Musharraf has been a duplicitous ally, frequently caught running with the hare and hunting with the hounds. Certainly Musharraf has killed Muslim militants in Pakistan but not in sufficient numbers to have earned a White House medal of gratitude. Suppose the Bush administration coerces the new Pakistani government to furnish a safe passage for Musharraf. In such a case, Pakistan's democracy must resist pressure, assert its sovereignty, and persuade the Bush administration that Musharraf's prosecution for high treason will support and not hurt US interests. If Musharraf is prosecuted for constitutional subversion without American interference, the people of Pakistan will appreciate American commitment to democracy in the Muslim world. If persuasion does not work, saying no to Bush is good for America and a matter of self-respect for Pakistan. In sum, strong democracies punish constitutional subversions but week democracies do not. And by punishing constitutional subversions, democracies are further strengthened. Pakistan needs to make a strong decision. Fortunately, the usurper is positioned as a sitting duck. He has lost all covers that shielded his raw powers. He is no longer the Army Chief, and cannot order the armed forces to stand behind him. The "King's Party" that propped his lawlessness for years cannot help for it has been thoroughly defeated in the general elections. The Constitution cannot guard Musharraf because Musharraf, as the President's oath requires, did not "preserve, protect, and defend the Constitution of the Islamic Republic of Pakistan." The Parliament must hold Musharraf accountable. Ali Khan is professor of law at Washburn University
School of Law in Topeka, Kansas, and the author of the book,
A Theory of Universal Democracy (2003). He can be reached
at: ali.khan@washburn.edu
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