How
the Press & the CIA
Killed Gary Webb's Career
Today's
Stories
January 15
/ 16, 2005
James Petras
The
Kidnapping of a Revolutionary
January 14,
2005
Robert Fisk
"The
Tent of Occupation"
Lee Sustar
Bush's Social Security Con Job
José
M. Tirado
The Christians I Know
Dave Zirin
The Legacy of Jack Johnson
Sheldon Rampton
Calling John Rendon: a True Tale of "Military Intelligence"
Tracy McLellan
Under the Influence
Yves Engler
The Dictatorship of Debt: the World Bank and Haiti
Tom Barry
Robert
Zoellick: a Bush Family Man
Website of
the Day
Ryan for the Nobel Prize?
January 13,
2005
Mark Chmiel
/ Andrew Wimmer
Hearts
and Minds, Revisited
Joe DeRaymond
The Salvador Option: Terror,
Elections and Democracy
Greg Moses
Every Hero a Killer?...Not
Dave Lindorff
The Great WMD Fraud: Time for an Accounting
Jorge Mariscal
Dr. Galarza v. Alberto Gonzales: Which Way for Latinos?
Christopher Brauchli
Gonzales and the Death Penalty: the Executioner Never Sleeps
Gary Leupp
"Fighting
for the Work of the Lord": Christian Fascism in America
January 12,
2005
Robert Fisk
Fear
Stalks Baghdad
Josh Frank
The
Farce of the DNC Contest
Jack Random
Casualties
of War: the Untold Stories
John Roosa
Aceh's Dual Disasters: the Tsunami and Military Rule
Carol Norris
In the Wake of the Tsunami
Mike Whitney
Pink Slips at CBS
Alan Farago
Can
the Everglades be Saved?
Paul Craig
Roberts
What's
Our Biggest Problem in Iraq...the Insurgency or Bush?

January 11,
2005
Tom Barry
The
US isn't "Stingy"; It's Strategic: Aid as a Weapon
of Foreign Policy
James Hodge
and Linda Cooper
Voice
of the Voiceless: Father Roy Bourgeois and the School of the
the Americas
Linda S. Heard
Farah Radio Break Down: Joseph Farah's Messages of Hate and Homophobia
Derrick O'Keefe
Electoral Gigolo?: Richard Gere and the Occupied Vote
Gila Svirsky
A Tale of Two Elections
Harry Browne
Irish
"Peace Process", RIP

January 10,
2005
Ramzy Baroud
Faith-Based
Disasters: Tsunami Aid and War Costs
Talli Nauman
Killing
Journalists: Mexico's War on a Free Press
Uri Avnery
Sharon's Monologue
Dave Lindorff
Tucker
Carlson's Idiot Wind
Dave Zirin
Randy
Moss's Moondance
Dave Silver
Left Illusions About the Democratic Party
Charles Demers
Plan Salvador for Iraq: Death Squads Come in Waves
William A.
Cook
Causes
and Consequences: Bush, Osama and Israel

January 8 /
9, 2005
Alexander Cockburn
Say,
Waiter, Where's the Blood in My Margarita Glass?
John H. Summers
Chomsky
and Academic History
Greg Moses
Getting Real About the Draft
Walter A. Davis
Bible Says: the Psychology of Christian Fundamentalism
Victor Kattan
The EU and Middle East Peace
John Bolender
The Plight of Iraq's Mandeans
Robert Fisk
The Politics of Lebanon
Fred Gardner
Situation NORML
Joe Bageant
The Politics of the Comfort Zone
Mickey Z.
I Want My DDT: Little Nicky Kristof Bugs Out
Ben Tripp
CounterClockwise Evolution
Ron Jacobs
Elvis and His Truck: Out on Highway 61
Saul Landau
Sex
and the Country
Rep. Cynthia McKinney
Time to End the Blackout
Ellen Cantarow
NPR's Distortions on Palestine
Richard Oxman
Bageantry Continued
Poets' Basement
Gaffney, Landau, Albert, Collins
January 7,
2005
Omar Barghouti
Slave
Sovereignty: Elections Under Occupation
Kent Paterson
The Framing of Felipe Arreaga: Another Mexican Environmentalist
Arrested
Niranjan Ramakrishnan
Old
Vijay Merchant and the Tsunami
David Krieger
Cancel the Inauguration Parties
Gideon Levy
New Year, Old Story
Dave Lindorff
Ohio Protest: First Shot Fired by Congressional Progressives
Christopher
Brauchli
Privatizing the IRS
Roger Burbach
/ Paul Cantor
Bush,
the Pentagon and the Tsunami
January 6,
2005
Brian J. Foley
Gonzales:
Supporting Torture is not His Greatest Sin
Greg Moses
Boot
Up America!: Gen. Helmly's Memo Leaks New Bush Deal
Petras / Chomsky
An
Open Letter to Hugo Chavez
Alan Maass
The Decline of the Dollar
Dave Lindorff
Colin Powell's Selective Sense of Horror
Jenna Orkin
The EPA and a Dirty Bomb: 9/11's Disastrous Precedent
P. Sainath
The
Tsunami and India's Coastal Poor
January 5,
2005
Alan Farago
2004:
An Environmental Retrospective
Winslow T.
Wheeler
Oversight
Detected?: Sen. McCain and the Boeing Tanker Scam
Jean-Guy Allard
Gary Webb: a Cuban Perspective
Fred Gardner
Strutting, Smirking, As If The Mad Plan Was Working
David Swanson
Albert Parsons on the Gallows
Richard Oxman
The Joe Bageant Interview
Bruce Jackson
Death
on the Living Room Floor
January 4,
2005
Michael Ortiz
Hill
Mainlining
Apocalypse
Elaine Cassel
They
Say They Can Lock You Up for Life Without a Trial
Yoram Gat
The
Year in Torture
Martin Khor
Tragic
Tales and Urgent Tasks from the Tsunami Disaster
Gary Leupp
Death
and Life in the Andaman Islands
January 3,
2005
Ron Jacobs
The
War Hits Home
Dave Lindorff
Is
There a Single Senator Who Will Stand Up for Black Voters?
Mike Whitney
The Guantanamo Gulag
Joshua Frank
Greens and Republicans: Strange Bedfellows
Maria Tomchick
Playing Politics with Disaster Aid
Rhoda and Mark
Berenson
Our Daughter Lori: Another Year of Grave Injustice
David Swanson
The Media and the Ohio Recount
Kathleen Christison
Patronizing
the Palestinians
January 1 /
2, 2005
Gary Leupp
Earthquakes
and End Times, Past and Present
Rev. William
E. Alberts
On "Moral Values": Code Words for Emerging Authoritarian
Tendencies
M. Shahid Alam
Testing Free Speech in America
Stan Goff
A Period for Pedagogy
Brian Cloughley
Bush and the Tsunami: the Petty and the Petulant
Sylvia Tiwon
/ Ben Terrall
The Aftermath in Aceh
Ben Tripp
Requiem for 2004
Greg Moses
A Visible Future?
Steven Sherman
The 2004 Said Awards: Books Against Empire
Sean Donahue
The Erotics of Nonviolence
James T. Phillips
The Beast's Belly
David Krieger
When Will We Ever Learn
Poets' Basement
Soderstrom, Hamod, Louise and Albert
December 31,
2004
Farrah Hassen
The
Palestinian Right of Return: a View from Syria
Dave Lindorff
US Air's Bold New Idea: Work for Your Boss for Free!
George Capaccio
Tsunami Hits Iraq
Mike Whitney
Iraq v. Tsunami: Media Duplicity
Peter Phillips
The Tsunami and the Corporate Media: Waves of Hypocrisy
Christopher
Deliso
War
and the Tsunami: Putting It in Perspective
December 30,
2004
Lila Rajiva
Unnatural
Disaster? Earthquakes, Tsunamis and Nuclear Testing
Robert Fisk
The
Ghosts of Vietnam
Roger Burbach
Argentina
v. the IMF
Stan Cox
9/11 and 12/26: How to React
Walter Brasch
Bush and Tsunamis: Heartless in Crawford
Christopher Brauchli
Empire of the Misers
Alexandra Spieldoch
NAFTA Through a Gender Lens: "Free Trade" Pacts and
Women
Paul Kincaid Jameison
Grief, Relief and the Stingy West
Dan Bacher
The Water Kings of California
Paul Craig
Roberts
Unbecoming
Conduct
December 29,
2004
Dave Lindorff
Us,
Stingy?: It's All Relative
M. Shahid Alam
America
and Islam: Seeking Parallels
Ronald D. Hoffman
Tsunamis
and Nuclear Power Plants
Sam Bahour
/ Todd May
Elections
Without Democracy
Fred Gardner
Ricky Does 60 Minutes
Ali Khan
Who's Feeding the Bin Laden Legend?
John Hansen
Family Farms Are Being Fed to Corporate Sharks
Sam Lewin
How the Justice Department Continues to Screw the Sioux
Richard Oxman
As Time Goes By With Andy Goldsworthy
Mickey Z.
A Wave of Questions: Putting a Disaster in Context
Website of the Day
Banking While Muslim
December 28,
2004
Brian Cloughley
The
Chief Weirdo at the Pentagon: Rumsfeld Must Go
Joshua Frank
Privacy Piracy? What Howard Dean May Bring to the DNC
Jessica Leight
The
Chilean Miracle: Less Than Meets the Eye
Dave Lindorff
A
Shameful Response to Disaster
John Walsh
Disappearing the Anti-War Movement at the NYTs
Dave Zirin
The Death of Reggie White: an Off the Field Obituary
Dr. Teresa Whitehurst
Be Careful Not to Get Too Much Education: It's Happened to a
Lot of Good Christians
Ron Jacobs
Iran
2004: The Resistance and the Western Anti-War Movement
December 27,
2004
M. Junaid Alam
"Civilization
v. Barbarism": an Interview with Noam Chomsky
Michael Donnelly
Greens and Greenbacks: How Nonprofit Careerism Derailed the "Revolution"
Greg Moses
Texas Election Scandal: Forty Faxes and a Whisper
Toni Solo
Colombia's Appalling Vista: Justice With Eyes Wide Open
Brian Kwoba
Blaming the Victims of the 2004 Elections
Genna Goodman-Campbell
Honduras Validates Its Banana Republic Status, Again
Mike Whitney
Disappearing Act: Fallujah and the Media
Ari Shavit
"Zionism Has Exhausted Itself": an Interview with Amos
Elon
Richard Oxman
Reflections on a Handful of Activists
Saul Landau
James
Cason's Cuban Delusions
December 25
/ 26, 2004
Alexander Cockburn
Yup,
It's Moral Outrage Time
Diane Christian
The Christmas Christ
Dr. Susan Block
Faith-Based Sex
Gary Leupp
Rumsfeld, His Critics and the Draft
Ron Jacobs
Music in Wartime
Elaine Cassel
Articles I Didn't Write
Jim Minick
Beyond Organic
Poets Basement
Louise, Landau, Orloski, Albert
and Collins
December 24,
2004
Diane Christian
Winning:
Rummy and John Milton
Chad Nagle
Ukraine's
Real Underdog
Saul Landau
My Friend Richard Barnet
Greg Moses
Ramsey Muniz Speaks
Joe DeRaymond
The Endless War in Colombia: a View From Within
Borzou Daragahi
Iraq's Christians: Tolerated by Saddam; Targets Under Occupation
Mike Whitney
Rummy's Quagmire of Lies
Francis A. Boyle
O Little Town of Bethlehem: Another Christmas Under Occupation
William Loren
Katz
Florida 1837: Christmas Eve Resistance to the First US Occupation

December 23,
2004
Chad Nagle
Report
from Kiev: Yushchenko's Not Quite Ready for Sainthood
David Smith-Ferri
The
Real UN Disgrace in Iraq
Bill Quigley
Death
Watch for Human Rights in Haiti
Mickey Z.
Crumbs
from Our Table
Christopher Brauchli
Merck's Merry X-mas
Greg Moses
When
No Law Means No Law
Alan Singer
An
Encounter with Sen. Schumer: a Very Dangerous Democrat
David Price
Social
Security Pump and Dump
Website of the Day
Gabbo Gets Laid

December 22,
2004
James Petras
An
Open Letter to Saramago: Nobel Laureate Suffers from a Bizarre
Historical Amnesia
Omar Barghouti
The Case for Boycotting Israel
Patrick Cockburn / Jeremy Redmond
They Were Waiting on Chicken Tenders When the Rounds Hit
Harry Browne
Northern Ireland: No Postcards from the Edge
Richard Oxman
On the Seventh Column
Kathleen Christison
Imagining
Palestine
Website of the Day
FBI Torture Memos
December 21,
2004
Greg Moses
The
New Zeus on the Block: Unplugging Al-Manar TV
Dave Lindorff
Losing
It in America: Bunker of the Skittish
Chad Nagle
The View from Donetsk
Dragon Pierces
Truth*
Concrete
Colossus vs. the River Dragon: Dislocation and Three Gorges Dam
Patrick Cockburn
"Things Always Get Worse"
Seth DeLong
Aiding Oppression in Haiti
Ahmad Faruqui
Pakistan and the 9/11 Commission's Report
Paul Craig
Roberts
America
Locked Up: a System of Injustice

December 20,
2004
Gary Leupp
Japan
in Iraq
Robert Fisk
An
Army Without Compassion
Uri Avnery
The Mountain and the Mouse
Francisco Letelier
My Case Against Pinochet
Patrick Cockburn
The Polls of Fear
Bill Conroy
Charles Bowden on the Legacy of Gary Webb: "He Drew Blood"
Yoshie Furuhashi
Chokeholds of a Giant: Attacking Wal-Mart's Supply Chain
David Swanson
Media Blackout of Bush's War on Labor
Chad Nagle
Did Yushchenko Poison Himself?
December 18
/ 19, 2004
Alexander Cockburn
Why
They Hated Gary Webb
Saul Landau
Gen.
Pinochet Should Also Face Charges in DC
Patrick Cockburn
Losing
Mosul: Once They Called It a Model for the Occupation
Douglas Valentine
Wolves
and Revolution in Venezuela: a Caracas Romance
Ray McGovern
Laughing Dragon, Dancing Bear: the New China / Russia Alliance
Fred Gardner
DEA Upholds Grower's Marijuana Monopoly
Jean-Guy Allard
Locked Up Naked in a Hole Within a Hole: Have the Cuban 5 Been
Tortured in US Prisons?
Ron Jacobs
Drifters Escape, Again: Encounters with Berkeley's Police
Raymond G.
Helmick, S.J.
The Law and Peace in the Middle East
Sean Sellers
Values Voters, Desperate Housewives and Sweatshop Tacos
Lee Sustar
Christmas
on the Picket Line at CNH: "They Want to Break Our Unions"
Richard Thieme
Webb's Wife: "Gary Was Never the Same After They Attacked
Him"
Sam Bahour
WANTED:
Middle East Negotiator
Joshua Frank
The
Spin Doctor: an Interview with Mickey Z.
Dave Lindorff
A Man Who Confers with God Should Have Good Hearing
Stan Cox
What Kids Cost: Dallas v. Delhi
Chris Frasier
Farming By Numbers: More Poets, Fewer MBAs
Poets' Basement
Katz, Melek, Harley, Albert and Ford
December
17, 2004
Cockburn /
St. Clair
CounterAttack:
How the Press and the CIA Killed Gary Webb's Career
Dave Lindorff
Racism:
Philly Style
Dan Bacher
Bush Abandons Salmon Restoration
Marisa Jacott
NAFTA and the Environment: Trade Still Runs Roughshod
Francis Thicke
How Now, Industrial Cow?
Rupert Cornwell
The Inuit Strike Back
Website of the Day
Franz Boas Unrolls Over in His Grave
December
16, 2004
Michael
Neumann
How We Became Barbarians
Merlin
Chowkwanyun
An Interview with Ralph Nader
Gabriel
Espinoza Gonzales
The Dubious Career of John Bolton
Christopher
Brauchli
Louis Freeh's New Gig: Usurer
Patrick
Cockburn
Allawi's Pre-Election Ploy: Putting "Chemical Ali"
on Trial
Mike
Whitney
Gearing Up for a Draft?
Walter
Brasch
Hillbilly Humvees and Rumsfeld's New Physics
Bill
Conroy
How Gary Webb Saved My Ass from the FBI
Website
of the Day
Saturday Memorial for Gary Webb
December
15, 2004
Robert
Fisk
Who Killed Baha Mousa?
Jennifer
Van Bergen
The Monster Under the Bed
Heather
Gray
Will the Real Christians Please Stand?: a Personal Testimony
Dave
Lindorff
The DNC, Albright and the Iraq Elections
Luis
Hernandez Navarro
To Die a Little: Migration and Coffee
in Mexico and Central America
Joshua
Frank
The Ohio Recount: an Exercise in "Dumbocracy"
Greg
Moses
Eighty-Sixing Civil Rights in Ohio?
George
Caffentzis
The Petroleum Commons

December
14, 2004
Dave
Lindorff
DNC Meddling in the Ukraine Elections
Larry
Birns / Seth DeLong
Haiti is Unraveling and No One is Saying
Anything
Richard
Thieme
My Last Talk with Gary Webb: "I Knew It Was the Truth and
That's What Kept Me Going"
Patrick
Cockburn
A Year After Saddam's Capture, Iraq
is Getting Worse
Chris
Floyd
Client State: Moral Values and Voluntary Servitude in Bush's
America
Akiva
Eldar
A One-time Hanukkah Miracle
Burbach
/ Cantor
The Legacy of Pinochet: Kissinger
and the Teflon Tyrant
December
13, 2004
Cockburn
/ St. Clair
Gary Webb: a Great Reporter, Trashed
by the CIA's Claque
David
Phinney
"Contract Meal Disaster" for Iraqi Prisoners: Rancid
Food Sparked Abu Ghraib Riots
Paul
Craig Roberts
A Dose of Non-Delusional Reality
for Douglas Feith
M.
Junaid Alam
The War is the War Crime
Robert
Jensen
The US Has Lost the Iraq War...and That's a Good Thing
Richard
Oxman
Kafkaesque Lessons for the Left
Greg
Moses
Send No Messengers of Defeat
Douglas
Lummis
The Pentagon's Neurosis: Fallujah
Gulag
December
11 / 12, 2004
Alexander
Cockburn
Running an Empire on the Cheap
Ron
Jacobs
The Drugs of War: Getting High in the Green Zone?
Saul
Landau
Listening and Talking to God About
Invading Other Countries
Gary
Leupp
Bush's Capital
Sharon
Smith
The Horrible Toll on US Troops
Dave
Lindorff
Deja Vu All Over Again: 5,000 Desertions and Counting
Uri
Avnery
The Boss Has Gone Crazy
Jude
Wanniski
The Neo-Con Smear on Kofi Annan: What Food-for-Oil Scandal?
Heather
Gray
How the South Became Republican: an Interview with John Egerton
Patrick
Cockburn / Ken Sengupta
Fallujah: the Homecoming and the Homeless
John
Pilger
Return to Kosovo: Calling the Humanitarian Bombers to Account
Joshua
Frank
All the Rage: Mr. Solomon, Say You're Sorry
Ben
Tripp
O Canada!: the Truth About the Election of 2004
John
Stanton
God Speaks!
Laura
Nathan
Porn Stars are People, Too: a Talk with Christi Lake
Poets'
Basement
Capaccio, Davies, Louise, Ford and Albert
Website
of the Day
Fallujah Photos: Killed in Their Beds
December
10, 2004
Ralph
Nader
President Bush, Stop Destroying the
Mosques of Iraq
Greg
Moses
Whitewashing Voter Fraud
Nicole
Colson
Rebellion in the Ranks: Grunts Are Resisting Stop-Loss Orders
Frederick
B. Hudson
"They Still Got Those Dogs": A New Book Probes Old
Civil Rights Lessons
Patrick
Cockburn
Iraq's Insurgents Oppose the Occupation, Not the Elections
Kathy
Kelly
From Haiti to Iraq: Burying Water
December
9, 2004
Greg
Moses
Ask Not Who Bankrolled Fallujah
Joshua
Frank
Cobb and the Ohio Recount: Vote Fraud as Fundraiser!
Ralph
Nader
An Open Letter to Bush: It's Time to
Disclose the Real Casualty Figures
Lee
Sustar
Bhopal: the Making of a Disaster
Tom
Barry
Restrictionist Resurgence
Mickey
Z.
Sander Hicks and the 9/11 Truth Movement
Christopher
Brauchli
Bush in the Bubble
Mark
Donham
Why are House Democrats Trying to
Deny Cynthia McKinney Seniority?
Gary
Corseri
On the Anniversary of John Lennon's Death, 2012
Paul
de Rooij
The Voices of Sharon's Little Helpers
December
8, 2004
Ralph
Nader
Will the Real Michael Moore Ever Re-Emerge?
Ann
Harrison
The Ohio Recount: Reluctant Officials
and Few Rules
Paul
Craig Roberts
War Crime
Dave
Lindorff
They've Got a Secret: Inside the $40 Billion Black Budget for
Spying
Patrick
Cockburn / Andrew Buncombe
CIA Warning on Iraq: Fallujah Did Not Break the Back of the Insurgency
Col.
Dan Smith
Rules of Engagement in Iraq
Emily
Alves / Michael Johnson
Paradise Lost: Corruption and Clientelism in Costa Rica
Richard
Oxman
The Dylan Bob Wouldn't Mention: Up With Dylan Thomas
Ron
Jacobs
In Fallujah, Freedom Isn't Free
December
7, 2004
Patrick
Cockburn
Running Battles in Baghdad
Behrooz
Ghamari
Lost Muslim Voices of Dissent
Dave
Lindorff
American Fantasies: Psst! Hey Buddy,
Did You Hear How Well the War's Going?
Joshua
Frank
Dean at the DNC?
Richard
Oxman
Down with Dylan: the Insufferable Interview
Ray
McGovern
All Mosquitoes, No Swamp
John
Chuckman
The Invasion of Hallifax: The Imperial Wizard Visits Canada
James
Petras
Latin America: the Empire Changes Gears
Website
of the Day
ToxMap: Who's Poisoning You
December
6, 2004
Paul
Craig Roberts
Paranoia and Pre-emption: Is the
Bush Administration Certifiable?
December
4 / 6, 2004
Alexander
Cockburn
Politicize the CIA? You've Got to
be Kidding
Joe
Bageant
Dining with the Rhinos
Alan
Maass
Reporting from the Ground in Iraq: an Interview with Patrick
Cockburn
Brian
Cloughley
Democracy, Bush-style, in the Gulf
Laura
Carlsen
Latin America Shifts Left
Lenni
Brenner
Jefferson, Madison, Bush and Religion
Anna
Ioakimedes
Brazil's Haitian Mission: Doing God's Work or Washington's?
Uri
Avnery
Widow of Opportunity?
Fred
Gardner
Supreme Court Hears Medical Pot Case
Dave
Zirin
Steroids to Heaven
Jackie
Corr
Mining Camp Blues: the Red State Variation
Don
Fitz
Will Greens Abandon IRV?
Lucy
Herschel
"Art can be a Weapon of the Oppressed": an Interview
with Artist Anthony Papa
Richard
Oxman
No Angels in America: Bashing the Gay Play
Ron
Jacobs
Holiday Greeting Card
Poets'
Basement
Collins, Albert, LaMorticella

December
3, 2004
Dave
Lindorff
Lie Then Escalate
Ben
Tripp
Fun With Boycotts: How to Shop in a
Time of Crisis
Joe
Allen
Murder in El Salvador: the Assassination of Teamster Organizer
Gilberto Soto
Matthew
B. Riley
Human Rights Court Fails Lori Berenson
Meir
Shalev
In the End, It is the Violin that Wins
Bob
Wing
The White Elephant in the Room: Race and Election 2004
Christopher
Brauchli
When McCain Bit His Tongue
Sasan
Fayazmanesh
The EU, the US, Israel and Iran
December
2, 2004
Tito
Tricot
No Justice in Chile: I'm a Torture
Survivor in a Country Where Torturers Still Run Free
Behzad
Yaghmaian
The Murder of Theo Van Gogh and Muslim Migration
Dr.
Susan Block
Lana and Me: Meetings with Remarkable Apes
Frank
/ Chowkwanyun
Liberalism and Its Bounds
Lee
Sustar
Standoff in Ukraine: the Bad v. the Corrupt
Patrick
Cockburn
Another Grim Record in Iraq
Mark
Engler
Seattle at Five
Michael
Donnelly
Something Stinks in South Bend: the Firing of Tyrone Willingham
Nate
Collins
The Bay Area Mall on an Ohlone Burial Grounds
Saul
Landau
The Assassination of Danilo Anderson
December
1, 2004
Phillip
Cryan
Associated with Whom? Rightist Bias
in Wire Coverage of Colombia
Dave
Zirin
What's the Matter with "Leon"?:
Budweiser's Racist Commercial
Ghali
Hassan
Iraq's Health Care Under the Occupation:
200 Children Die Every Day
Donna
J. Volatile
Beware Western Nations Threatening "Democracy"
Patrick
Cockburn
How Saddam Tried to Arm the Insurgency
Nick
Meo
Chemical War Over Afghanistan
Mike
Ferner
The Battle of Toledo
Mokhiber
/ Weissman
Shame and Determination on Global AIDS Day: 40 Million and Rising
Kathy
Kelly
Looking the Other Way: the Real Crimes
of the UN in Iraq
November
30, 2004
Jennifer
Van Bergen
The Veil of Secrecy
Toni
Nelson Herrera
Meeting Kurtz: When Art is a Crime
Paul
Craig Roberts
The Bush Delusions: Successful at Incompetence
Patrick
Cockburn
The Insurgency Strikes Back: There Are No Safe Havens in Iraq
Chuck
Munson
WTO Protests Five Years Later: Seattle Weekly Trashes Anti-Globalization
Movement
Adam
Williams
Citizenship Sold: Back to Business in Indiana
Gregory
Elich
A Dangerous Turn in the US Plans for
North Korea
Website
of the Day
Read Lynne Cheney's Lesbian Novel Online!
November
29, 2004
Dave
Lindorff
Blowback in Ukraine: The Hand of
the CIA?
Omar
Barghouti
"The Pianist" of Palestine:
Roadblock Concerto at Gunpoint
Mike
Whitney
The US Media and Fallujah: How to
Market a Siege
Uri
Avnery
The Abu Mazen Style: "Give Me
Some Credit!"
Matt
Vidal
Globalization and Economic Inequality: a Look at the Numbers
Patrick
Cockburn
An Interview with Iraq's Foreign
Minister
Alan
Farago
Sex Change and Salvation: God, Girly Men and Endocrine Disrupters
Justin
Huggler
Bhopal 20 Years Later
Antony
Loewenstein
How Australia Reported Arafat's Death and Legacy
Gary
Leupp
Ukraine: Poll Results Aren't the Real
Issue
Website
of the Day
Mosul: Images from a Kill Zone
November
27 / 28, 2004
Peter
Linebaugh
Torture & Neo-Liberalism with
Sycorax in Iraq
Alexander
Cockburn
What Happened to O'Reilly's Loofa?
Fred
Gardner
Ashcroft v. Raich: Medical Marijuana and the Supreme Court
Kathy
Kelly
What We Can Control
Diane
Christian
The Other Cheek: "Empire Doesn't Analyze, It Acts"
Gary
Leupp
One More Neocon Target: South (Yes, South) Korea
Lenni
Brenner
Equality and Rights of Return: Jefferson Instructs the New York
Times
Ron
Jacobs
Death Squads and Iraq's Elections: the Mysterious Murders of
the AMS Clerics
Joshua
Frank
An Interview with Kevin Zeese on Nader, Kerry and the ABB Crowd
Toni
Solo
The Murder of Danilo Anderson
Saul
Landau
Fallujah, the 21st Century Guernica
JoAnn
Wypijewski
Matthew Shepard Case 6 Years Later: Why Hate Crimes Laws are
No Cure for Homophobia
Justin
Taylor
Empire's Lawless Opportunities
Amos
Harel
The Case of Captain R.
Walter
A. Davis
Tabloid Justice
Stephen
Hendricks
God's Kind of Men
Poets'
Basement
Albert, LaMorticella and Ford
November
26, 2004
Peter
Feng
Gavin Newsom: Man or Machine?
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|
Weekend Edition
January 15 / 16, 2005
Reagan's Wall
A
Constitutional Right to Travel to Cuba
By
TOM CRUMPACKER
Our government has been telling us that
the reason it is prohibiting us from traveling to Cuba is to
deny Cubans hard currency so that they will change the way they
have organized their society. If so, it's the first time in our
history we've been forced to give up one of our fundamental liberties
in order to implement a foreign policy objective.
In the modern era of nation-states,
citizens in good standing have always enjoyed the basic freedom
of travel. Most other freedoms depend on it, at least to some
extent. As nations began forming, the right to foreign travel
was recognized regardless of the king's opinion of, or policy
toward, the destination nation. An exception was made for travel
to nations at war with the home nation, because it endangered
national security. Article 42 of Magna Carta, which the English
lords required King John to sign on the field at Runnymede in
1215, provides (translated from Anglo-Saxon):
"It shall be lawful to
any person, for the future, to go out of our kingdom, and to
return, safely and securely, by land or by water, saving his
allegiance to us, unless it be in time of war, for some short
space, for the common good of the kingdom: excepting prisoners
and outlaws, according to the laws of the land, and of the people
of the nation at war against us, and merchants also shall be
treated as said above."
Bill of
Rights.
Magna Carta has been an important
part of English law for almost eight centuries. When United States
became a nation, English common law remained in effect here except
insofar as it was changed by our Constitution, statutes and case
law. The First Amendment to our Constitution (1791) provides
that Congress shall make no law abridging the freedom of speech,
or of the press, or of the right of the people to peaceably assemble.
The right of assembly was construed broadly by our Supreme Court
to include the right of association it implies.
The right of travel to nations
at peace with us was so clear and obvious that our government
didn't try to restrict it until the time of the Cold War, when
both socialist and capitalist governments began preventing their
citizens from learning what things were like on the other side
of the Iron Curtain. However, efforts to prevent our travel to
socialist countries including Cuba were declared unconstitutional
by our Supreme Court. Concurring in Aptheker v. State, 378 US
500 (1964), Justice Douglas stated as regards the First Amendment
(citations omitted):
"Free movement by the
citizen is of course as dangerous to a tyrant as free expression
of ideas or the right of assembly and it is therefore controlled
in most countries in the interests of security....Freedom of
movement, at home and abroad, is important for job and business
opportunities -- for cultural, political, and social activities
-- for all the commingling which gregarious man enjoys. Those
with the right of free movement use it at times for mischievous
purposes. But that is true of many liberties we enjoy. We nevertheless
place our faith in them, and against restraint, knowing that
the risk of abusing liberty so as to give rise to punishable
conduct is part of the price we pay for this free society. Freedom
of movement is kin to the right of assembly and to the right
of association. War may be the occasion for serious curtailment
of liberty. Absent war, I see no way to keep a citizen from traveling
within or without the country, unless there is power to detain
him.This freedom of movement is the very essence of our free
society, setting us apart. Like the right of assembly and the
right of association, it often makes all other rights meaningful."
The Fifth Amendment (1791)
provides that no citizen shall be deprived of his liberty without
due process of law. In Kent v. Dulles, 357 US 111 (1958), the
Court held that foreign travel is necessarily implied as part
of this "liberty," stating (citations omitted):
"The right to travel is
a part of the `liberty' of which the citizen cannot be deprived
without due process of law under the Fifth Amendment. . . . Freedom
of movement across frontiers in either direction, and inside
frontiers as well, was a part of our heritage. Travel abroad,
like travel within the country . . . may be as close to the heart
of the individual as the choice of what he eats, or wears, or
reads. Freedom of movement is basic in our scheme of values."
We can't be deprived of our
Fifth Amendment liberty of travel "without due process of
law." Due process in this situation is not afforded unless,
as suggested in Magna Carta, the travel endangers national security.
In Kent v. Dulles above, the Court indicated that restrictive
legislation must be based on grave, immediate danger to the national
security which is stated in explicit terms pursuant to the lawmaking
function. The Court has never allowed a restriction of our travel
where national security was not at such risk.
Reagan currency
restrictions.
The Trading With the Enemy
Act of 1917 (TWEA) allows our presidents after declaring a national
emergency to prohibit or restrict not travel but "trade"
with foreign nations, such trade being broadly defined as including
any "money transactions." The TWEA has been used as
authority for our presidents without consulting Congress to impose
embargoes and other trade sanctions on various nations in emergencies.
In 1982 the Reagan Administration
promulgated regulations, under authority of TWEA, under which
State Department licensed certain limited types of Cuba travel
only, such as diplomats, full time journalists, academic research,
educational conferences, family visits. The spending of money
involved in unlicensed travel was criminalized by Treasury Department
regulations and enforced by Treasury's Office of Foreign Assets
Control (OFAC).
In 1984 the Court in Regan
v. Wald, 468 US 222 (a 5-4 opinion) upheld the constitutionality
of these currency restrictions under TWEA as part of the Cuba
trade embargo, deferring (as courts must) to State's opinion
that the Cold War was an ongoing national emergency, Cuba had
the military, political and economic support of the Soviet Union,
and due process was afforded because national security was at
substantial risk. The majority opinion by Chief Justice Rehnquist
(first quoting Zemel v. Rusk which had been decided shortly after
the Cuba missile crisis) stated (citations omitted):
"'That the restriction
which is challenged in this case is supported by the weightiest
considerations of national security is perhaps best pointed up
by recalling that the Cuban missile crisis of October 1962 preceded
the filing of appellant's complaint by less than two months.'
We see no reason to differentiate between the travel restrictions
imposed by the President in the present case and the passport
restrictions imposed by the Secretary of State in Zemel. Both
have the practical effect of preventing travel to Cuba by most
American citizens, and both are justified by weighty concerns
of foreign policy....In the opinion of the State Department,
Cuba, with the political, economic, and military backing of the
Soviet Union, has provided widespread support for armed violence
and terrorism in the Western Hemisphere. Cuba also maintains
close to 40,000 troops in various countries in Africa and the
Middle East.Given the traditional deference to executive judgment...,
we think there is an adequate basis under the Due Process Clause
of the Fifth Amendment to sustain the President's decision to
curtail the flow of hard currency to Cuba - currency that could
then be used in support of Cuban adventurism -- by restricting
travel."
By 1991 all these factors supposedly
endangering our security were no longer in existence. The Cold
War had ended in 1989. The Soviet Union had disappeared in 1991,
along with its support of Cuba. Cuba "adventurism"
in the hemisphere had ended at least by the early eighties. Cuban
troops were removed from Africa and the Middle East (if ever
there) in the mid-eighties. Since then they have been sending
physicians, health care and literacy workers instead of soldiers.
In 1994 and thereafter our Defense Department, after full review
of all intelligence and full on-site investigations of Cuban
military equipment, manpower and facilities, has continually
certified that Cuba poses no risk to our national security.
Lack of
enforcement or repeal.
The restrictions should have
been repealed when the Cold War ended, but Presidents Bush I
and Clinton lacked the political will to do it. They were left
on the books during the 1990's without serious enforcement, primarily
to frighten Americans out of visiting Cuba. Very occasionally
penalty notices were sent out for civil fines (maximum $50,000,
usual $7,500). OFAC accepted "voluntary settlements"
from a few unlicensed, frightened, unwary Cuba travelers, the
rest of the notices (now over 1,000) were held "in abeyance."
The OFAC never took anyone to court because it feared a decision
declaring the restrictions unconstitutional.
In 1996 and again in 2000 Congress
codified the restrictions, necessitating that any future repeal
be done by Congress rather than a president. Although President
Bush II took an oath to protect and preserve the US Constitution,
his administration, 15 years after the end of the Cold War, is
now claiming to enforce the restrictions despite Congress's votes
each year to refuse budget requests for enforcement money (such
being later annulled by "party leaders" in conference
committees). Several cases apparently are now being prosecuted,
but none have yet reached the first level, hearing before an
in-house Treasury administrative judge. After such hearing it
would take several years for a case to wend its way through the
federal court system (where the constitutional issues could be
raised) up to the Supreme Court.
Meanwhile, in Congress every
year in the past four years at least bills have been introduced
(or pending) to repeal the restrictions. Based on the recent
votes against enforcement money, a majority of at least 55% to
59% in both chambers would favor repeal. For some reason these
majorities can't bring the repeal issue to the floor for debate
and vote. It's said that the party leaders won't allow it, and
it's true that the party leaders act as agents of the president,
who has threatened a veto. But party doesn't seem important on
this issue because many from both parties are on each side. When
a majority in each chamber can't bring an issue to a vote, it
leads one to wonder whether our Congress is functioning.
Consequences
of failure to repeal.
Laws and regulations which
become unconstitutional by changing realities should not be allowed
to remain on the books for purposes other than enforcement. If
a law is questionably unconstitutional, it should be repealed
or immediately brought to court to determine its validity. To
do otherwise breeds public contempt for the law and encourages
civil disobedience |