Today's Stories

May 26, 2009

Manuel Garcia, Jr.
Fearful Pride: North Korea's Second Nuclear Test

Mike Whitney
The Next Leg Down: When Deflation Becomes Entrenched

Sharon Smith
Obama and Abortion Rights: What We Learned at Notre Dame

Marjorie Cohn
The Gitmo Appeasment Plan: Obama Buckles on the Constitution

Dean Baker
Waterboard the Fed

Deepankar Basu
Was the Indian Election a Debacle for the Left? If So, Why?

Jordan Flaherty
New Orleans for Sale

Josh Ruebner
Rethinking the Costs of Peace

Brian Cloughley
The Man Who Murdered Count Foulke Bernadotte

May 25, 2009

Diane Christian
Looking at Torture

John Ross
Mexico's Shock Doctrine

Kenneth Hartman
The Trouble With Prison

Uri Avnery
Netanyahu Goes to Washington

Fred Gardner
"War on Pot" Overrides "Support Our Troops": the Punishment of Sgt. Northcutt

Cindy Sheehan
Day of the Dead

Sen. Russell Feingold
Prolonged Detention and the Rule of Law: a Letter to Barack Obama

Sibel Edmonds
Two Sides of the Same Coin: From State Secrets to War to Wiretaps

Franklin Lamb
Der Spiegel Tries Again

Dave Lindorff
Memorial Day in the Land of the Weak and Wussy

Daniel Wolff
Learning to Read in the Pacific Northwest

Website of the Day
Decoration Day

May 22-24, 2009

Alexander Cockburn
How Long Does It Take?

Michael Teitelman
Obama, Torture and John Walker Lindh

Mike Whitney
Credit Default Swaps: the Poison in the System

Ray McGovern
Cheney Breaks the Taboo: Support for Israel Feeds Terrorism

Sonia Cardenas /
Andrew Flibbert
Why We Love to Hate Pirates

Clive Hamilton
Biblical Prophesy and the Iraq War: Bush, God, Iraq and Gog

Conn Hallinan
Swine Flu Fallout

Fred Gardner
Sgt. Northcutt's Homecoming

Carlo Cristofori
The Latest AfPak War

Dean Baker
A Friendly Financial Intervention

Rannie Amiri
King Abdullah's 57-State Solution

Andy Worthington
A Message to Obama: No Military Commissions; No Preventive Detentions

David Macaray
Democrats Betray Labor: Card Check is Pronouced Dead

Nadia Hijab
What Kind of State?

Franklin Lamb
How Not to Win Votes for Team USA

Ted Newcomen
The Forgotten Casualties

David Ker Thomson
Joy (Or How Hope, the Thing With Feathers, Gets Plucked)

David Rosen
Porn Wars

Mark Weisbrot
Climate Change and Intellectual Property Rights?

Robert Fantina
Gitmo, Democrats and Business as Usual

Heather Gray
Some Positive Directions in Public Health?

Farzana Versey
The Myth of Manmohan Singh

Chris Genovali
A Paler Shade of Green

Ron Jacobs
His Terrible Swift Sword: the Legacy of John Brown

Jay Diamond
Why the Left Should Cheer Hannity and Limbaugh

Dr. Susan Block
The Binds That Bond

Ben Sonnenberg
"Ballast": An Endlessness of Almost Ending

David Yearsley
Handel's Ghost ... Again

Lorenzo Wolff
My Problem with Led Zeppelin

Poets' Basement
Corseri and Bohm

Website of the Weekend
Bob Graham's CIA Notebooks

May 21, 2009

Jeffrey St. Clair /
Joshua Frank
The Politics of Bait-and-Switch: Obama and the Environment

Paul Craig Roberts
Morphing Dick Cheney

Chris Floyd
In Defense of George W. Bush

Gerald Paoli
Inside Iraqi Kurdistan: Life and Death in the Qandil Mountains

Zach Mason
Something's Gotta Give: Obama and the Hustler

Uri Avnery
A Quarrel on the Titanic

Andy Worthington
Out of Guantánamo

Niranjan Ramakrishnan
India: Two Funerals and a Wedding

Norman Solomon
The Afghanistan Escalation

Dave Lindorff
A Corporate Crime Wave of Labor Law Violations

Website of the Day
Swine Flu: The Panic That Wasn't

May 20, 2009

Michael Hudson
The Toll Booth Economy

Gary Leupp
Courting Hekmatyar: Obama and the Warlord

Michael D. Yates
Work is Hell

Jonathan Cook
Netanyahu Adviser Steps Out of the Shadows

Peter Lee
The World Doesn't Have a Pakistan Nukes Problem ... It Has a David Albright Problem

Binoy Kampmark
The End of the Tamil Tigers?

Peter Zinn
Eulogizing Lawyers

William Loren Katz
Tortured Reasoning; Tortured Results

Gary Lapon
Why Women Need Single Payer

Trudy Bond
Torture, Shrinks and a Groundhog's Day Moment

Website of the Day
Meet the Climate Change Lobby

May 19, 2009

Kristoffer Rehder
Check Point Iraq: a Soldier's Tale

Mike Whitney
The Real Lesson of the Financial Crisis

Ray McGovern
How Colin Powell Got Duped by the CIA

Vijay Prashad
The Indian Elections: a Game Changer?

Mirjam Hadar Meerschwam
Intimidation and Interrogation in Tel Aviv

Mustafa Barghouthi
Is Obama Up to the Challenge of Dealing with Netanyahu?

Andy Worthington
Gitmo: A Prison Built on Lies

Binoy Kampmark
Britain's Speaker Crisis

John Walsh
John Kerry vs. Single-Payer

David Macaray
Alcohol as Metaphor: Zero Tolerance in the Workplace

Website of the Day
So You Think That Veggie Burger is Organic...

May 18, 2009

Dave Lindorff
The US is Using White Phosporous in Afghanistan

Abdul Malik Mujahid
Thirty Years of Tragedy in Afghanistan

Jonathan Cook
How Many Secret Prisons Does Israel Have?

Ben Rosenfeld
Police Violence: How Many Kicks to the Head Does It Take?

Patrick Cockburn
These Killings Will Only Strengthen the Taliban

Ralph Nader
They Want It All: New Tricks From the Old Energy Lobby

Stephen Soldz
Psychologist Bryce Lefever Clarifies Defense of Torture

Eugenia Tsao
On the Devaluation of Labor

Walter Brasch
Cheney's Magical Mystery Media Tour

Roberto Rodriguez
War and Torture

Charlotte Laws
Politics and American Idol

Website of the Day
Disbar the Torture Lawyers

May 15-17, 2009

Alexander Cockburn
King of the Hate Business

Jeffrey St. Clair
The Case of the Missing H-Bomb

David Rosen
Sexual Torture: What is Acknowledged and What Remains Unknown

Mike Whitney
From My Lai to Bala Baluk: Obama Picks Up Where Bush Left Off

Bruce Page
A Real History of Rupert Murdoch

Jeremy Scahill
The Black Shirts of Guantánamo

Fred Gardner
Tortured Reasoning: Judge Bybee Rules Against Brian Epis

Tom Barry
Fighting the Drug War at Homeland Security

Mats Svensson
On the Beach in Tel Aviv

Ramzy Baroud
The Drones Are Coming

Mark Engler
Science Fiction From Below

Mark Weisbrot
Stealth Move by IMF to Get $100 Billion Without Congressional Debate

Farzana Versey
Of Scapegoats and Separatists

Ron Jacobs
It's Up to You to Save Troy Davis

Hannah Wolfe
What to Tell the Children

Cal Winslow
Fresno, the New Ground Zero in the Battle Between the SEIU and NUHW

David Macaray
Labor Needs a Southern Strategy

Christopher Brauchli
Involuntary Baptism

Mark Seth Lender
The Lion Tamer's Story

Robert Fantina
Lapel Pins, Arugula and Mustard

David Ker Thomson
Last Man Walking

Stephen Martin
Lipstick Nightmare for Spin Merchant

Charles R. Larson
Double Exile

Chase Madar
"Angels & Demons" and the Extraordinary Power of Imaginary Heretics

Kim Nicolini
Vaginas From Outer Space! Boldly Sitting Through Star Trek

David Yearsley
Handel's Ghost

Lorenzo Wolff
Killer Virtues

Poets' Basement
Gibbons, Jordan and Moser

Website of the Weekend
Catch F-22

May 14, 2009

Michael Hudson
Where Russia Went Wrong

Andy Worthington
The Poisoned Mosaic: Judge Condemns Guantánamo Evidence

Paul Craig Roberts
The Impotent President

Jonathan Cook
The Pope's Pilgrimage: Legitimizing Netanyahu?

Ray McGovern
See No Evil: Ugly Questions for General Myers

Lance Selfa
The Limits of Liberalism

David Green
The Deportation of Demjanjuk

Dave Lindorff
Obama Channels Cheney

Frida Berrigan
Nuclear Options

Sue Udry
The Bybee Question

Website of the Day
Our Bombs: Tracking US Air Strikes

May 13, 2009

Brian M. Downing
The Road Out of Iraq

Gareth Porter
Gen. McChrystal and Afghanistan

Robert Sandels
Obama and Latin America: No Light, All Tunnel

Ricardo Alarcón
Cuba: Measure of a Revolution

Eric Walberg
NATO in Georgia: Fun and Games

Dave Lindorff
The Sinking of GM: When Captains of Industry Don't Go Down with the Ship

Deepak Tripathi
A Culture of Abuse

William S. Lind
Back to the Balkans: Hillary and the Sleeping Dragon

Kevin Zeese
A Populist Health Care Rebellion

Franklin Lamb
Lebanon: From Perdition to Redemption?

Website of the Day
Beth McIntosh: The Wild Ride

May 12, 2009

Gary Leupp
The Bomb Iran Faction

Richard Neville
The AfPak Blues: Corpses of the Kids by the Truckload

Wajahat Ali
Obama Chooses a Reliable Dictatorship

Dean Baker
The Banker Boys Are Alright! Time to End the Bailouts

Franklin Lamb
What Palestinian Refugees Need From Lebanon's Elections

Norman Solomon
A Progressive Challenge to Jane Harman

Paul Craig Roberts
Beware the Hate Crimes Bill

Lisa M. Hamilton
Let's Grow a New Crop of Farmers

Bob Fitrakis /
Harvey Wasserman:
Why Isn't Obama Turning to Credit Unions?

David Macaray
Wading Through the Grassroots

Website of the Day
Electronic Police States

May 11, 2009

Andrea Peacock
No Justice for Libby

Michael Hudson
Gordon Brown Spills the Beans on the IMF

Patrick Cockburn
Who Killed 120 Civilians?

Ralph Nader
The Single-Payer Taboo

John Kelly
Pseudoscience and Wrongful Convictions in the War on Drugs

Saul Landau
Cuba's Biggest "Crime"

Dave Lindorff
Blaming the Dead Victims

David Michael Green
Get Obama

Anthony Papa
Gov. David Paterson Does the Right Thing

Paul Krassner
Jon Stewart and Truman, the War Criminal

Website of the Day
Generational Homelessness

May 8-10, 2009

Alexander Cockburn
Dead Souls

Jeffrey St. Clair
Echoes of Amchitka: 40 Years After America's Biggest Nuclear Blast, the Damage Continues

Paul Wolf
Obama's Axis of Obedience

Steve Niva
Iraq: The Return of the Suicide Bombers

Neve Gordon
Jailed for Caring

Mike Whitney
Has Bernanke Pulled the Economy Back From the Brink?

Warren Hinckle
DiFi vs. Marilyn Chambers

Serge Halimi
In Praise of Revolutions

Gareth Porter
The Pakistan Conundrum

Sharon Smith
Something Stinks at Whole Foods

Andy Worthington
Obama's New Gitmo Policy: Back to the Bush Era?

Mark Weisbrot
Hillary and Latin America

Rosa Miriam Elizalde Cyber Command and Cyber Dissident: More of the Same?

David Macaray
Recessions and Labor Unions

Missy Beattie
The Real Housewives of War

Ron Jacobs
Mothers and War

Diane Farsetta
About Face on Pentagon Pundits?

Ramzy Baroud
War Without Context

Phelie Maguire
Living Next to Settlers

Robert Fantina
Party of Rush

Kevin Zeese
A Break From the Past in the Drug War?

Margaret Flowers, MD
The Baucus 8: Why We Risked Arrest for Single-Payer

Dave Lindorff
The Joke's on Us

Richard Rhames
Revenge of the Tundra

Ben Sonnenberg
Let the Right One In: A Vampire Visits a Welfare State

Kim Nicolini
Sin Nombre: Giving Faces to People Who Don't Have Names

Stephen Martin
The Riotous Action of the Complete Banker

Charles R. Larson
The Commencement Address You'll Never Hear

David Yearsley
Jean Ferrard, Organist Extraordinary

Lorenzo Wolff
Death Cab for Cutie: Surprisingly Familiar

Poets' Basement
G.S. Heiligschreib and David Farrelly

Website of the Weekend
Zombie Bank

May 7, 2009

Paul Craig Roberts
Criminalizing Criticism of Israel

Chris Floyd
A Full-Court Press for Pakistan War

Andy Worthington
Mixed Messages on Torture

Alan Farago
No Place Like Home: a Stress Test for Land Use, Not Just Banks

Ray McGovern
Deux ex Machina on Torture?

Dave Lindorff
Stain Removal: Impeaching the Torture Judge

Eric Toussaint /
Damien Millet
Why is There Rampant Famine in the 21st Century?

Ana M. Malinow, MD
Why We Need a Single-Payer Health Care System

Jeff Armstrong
Freeing Leonard Peltier: What Would Warren Harding Do?

Norman Solomon
A Green New Deal

Website of the Day
The End of Lake Mead?

May 6, 2009

Doug Peacock
The Fate of the Yellowstone Grizzly

Patrick Cockburn
Afghans to Obama: Get Out, Take Karzai With You

Richard Neville
The Torturer's Apprentice

Manuel Garcia, Jr.
To Power a Nation: Nuclear Bombs or Sunshine?

Winslow T. Wheeler
Of Pork and Baloney: Obama's Defense Budget

Deepak Tripathi
Pakistan in Crisis

Stephen Soldz
A "Natural Reaction": APA Ethics Policy-Maker Endorses Torture

Reuven Kaminer
Nice is Not Enough: Obama vs. Netanyahu and Lieberman

David Macaray
The Chrysler-UAW Deal

Kevin Zeese
Why We Were Arrested at the Senate Finance Committee Hearings

Marjorie Cohn
Stanford Antiwar Alums Call for War Crimes Investigation of Condoleezza Rice

Coalition for an Ethical Psychology
Investigate Psychologist and Health Provider Complicity in Torture

Website of the Day
Who's Behind the Financial Meltdown?

May 5, 2009

William Blum
Torture and Mr. Obama

Uri Avnery
Netanyahu's Plan

Steven Higgs
Autism and Toxic Pollution

Dean Baker
Why Economists Should Learn Arithmetic

Daniel Wolff
The Education of Rachel Carson

Sibel Edmonds
The Broken Congress

Carole King Klein
A New Chance to Save the Northern Rockies

Fidel Castro
Giving One's All

Belén Fernández
Oil and Aguardiente in the Ecuadoran Elections

Dan Bacher
Schwarzenegger's Big Lie About Fish vs. Jobs

Website of the Day
"I Married Isis on the Fifth Day of May"

May 4, 2009

James G. Abourezk
The AIPAC Spy Case

Jeff Leys
Obama's War Budget

Patrick Cockburn
Afghan Ayatollahs Press Marital Rape Law

Andy Worthington
A Start on Guantánamo, But Not Enough

Jaime Avilés
Mexico's Plague-Bringers

David Swanson
An Even Worse Bybee Memo

Paul Craig Roberts
Working with Jack Kemp

P. Sainath
Celeb Crusades and the Death of Politics

Eugenia Tsao
Canada's Obama and the Cult of the Prof

Benjamin Dangl
Protest and Rubber Bullets in Paraquay

Sami Al-Arian
Mourning William Moffitt

Website of the Day
"Soldiers Are Cutting Us Down": Kent State, May 4, 1970

May 1 - 3, 2009

Alexander Cockburn
Game-Changers: Specter Jumps, Souter Quits

Gary Leupp
Dropping the AIPAC Spying Case

Peter Linebaugh
The Key to the Bastille

Jeffrey St. Clair /
Joshua Frank:
Half Life of a Toxic War: Iraq's Wrecked Environment

C. G. Estabrook
Minion of the Long War

Patrick Cockburn
Kabul's New Elite

Mike Whitney
Economy on the Ropes

Pierre Sprey /
Winslow Wheeler
What "Sweeping Overhaul" of the Pentagon?

Andy Worthington
Al-Marri's Plea Deal: Dictatorial Powers Unchallenged

Mairead Maguire
Stand Up to Israeli Apartheid: a Letter to Obama From a Nobel Peace Prize Laureate

Nadia Hijab
The Israel Boycott is Biting

Diane Farsetta
Life, Death and Water Policy

Michael Calderón-Zaks
The Déjà Vu Flu: Why Much of the Discussion About Swine Flu is Racist

Richard Rhames
When Piggies Come Home to Roost: Swine Flu and the Industrial Meat Gulags

Russell Mokhiber
Inside the Beltway Baucus

Ramzy Baroud
Clinton's Unpromising Start

Rannie Amiri
Understanding Lebanon's June Elections

Deb Reich
No Talking, Dammit!

Steven Higgs
Indiana Criminalizes Dissent: Roadblocks on the NAFTA Highway

Brian Cloughley
Malice in Blunderland

David Michael Green
The Party's Over

Farzana Versey
Sex, Swat and Susan Boyle

Jim Goodman
Think Before You Eat: Agriculture and the Environment

Carl Finamore
New Prescription for a Healthy Union Movement

Christopher Brauchli
The Sounds of Silence: the Texas Option

Susie Day
The Real Cause of Unemployment: Employees!

David Yearsley
Nuts Over Beethoven

Lorenzo Wolff
Three Minutes of Perfection

Peter Stone Brown
Dancing with Dylan

Poets' Basement Dominguez, Orloski and Springate

Website of the Weekend
May Day Europe

April 30, 2009

Ellen Cantarow
Obama and "Two States": Seamless Continuity From Bush Time

Dana L. Cloud
The McCarthyism That Horowitz Built

Paul W. Lovinger /
Jeannette Hassberg
A Nation of Laws

Binoy Kampmark
Swine at the Trough: the Business of Pandemics

Brian Downing
The Perils of Modernization in Afghanistan

Frank Snepp
Tortured by the Past

David Swanson
The Wrong Torture Question

Conn Hallinan
The Coming Asian Storm

Ron Jacobs
Not Dead Yet: an Interview with Jerry Gordon on the State of the Antiwar Movement

John Goekler
The Only Path to a Middle East Picnic?

Jasmine L. Tyler /
Anthony Papa
An End to Crack/Powder Cocaine Sentencing Disparity?

Website of the Day
Emergency Petition: Stop Coal Industry Intimidation of Activists

April 29, 2009

Joann Wypijewski
Death at Work in America

Patrick Cockburn
The Taliban's Roads to Kabul

Andy Worthington
Cheney's Twisted World

Chris Floyd
The Specter Diversion

Dave Lindorff
No More Excuses: a Specter is Haunting the Democrats

Jeremy Scahill
The Nuremberg Truth and Reconciliation Commission?

Doug Henwood
Zionist Lobby Targets Another Tenured Professor: an Interview with William Robinson

Michael Hudson
Will Iceland be Handed Over to a New Gang of Kleptocrats?

Russell Mokhiber
My Ron Pollack Problem--And Yours

Eric Toussaint
Ecuador at the Crossroads

Website of the Day
An Interview with Leslie and Andrew Cockburn on "American Casino"

April 28, 2009

Uri Avnery
A Little Red Light: On Israeli Fascism

Jeremy Scahill
Obama's Iraq: the Picture of Dorian Gray

Dean Baker
The Perfect Gift for Wall Street: a Financial Transactions Tax

Michael D. Yates
At the Factory Gate

Conn Hallinan
Georgian Plots? Saakavili's "Order No. 2"

John Stauber
Beyond MoveOn

Tom Barry
The Failed Border Security Initiative

Harvey Wasserman
Who Pays for America's Chernobyl Roulette?

Jeff Nygaard
Pirates, Profits and Propaganda

Frederico Fuentes
Why the U.S. Still Hates Cuba

Website of the Day
The Man Behind the Hood

April 27, 2009

Pam Martens
The Far Right's Plot to Capture New Hampshire

Patrick Cockburn
Torture? It Probably Killed More Americans Than 9/11

Andrew J. Bacevich Guardian of the Status Quo: Obama's Sins of Omission

Mitu Sengupta
The Bloodbath in Sri Lanka

Franklin Lamb
Hillary Does Beirut: The 165-Minute Swoop-In

Firmin DeBrabander
Crimes of Economic Madness

Dave Lindorff
Wide Open to Pandemic?

Russell Mokhiber
How Corrupt is That?

Mike Whitney
Pinter's Message to Obama

Mark Weisbrot
Overhauling the IMF

Rev. José M. Tirado
Iceland's New Dawn: How the Right Got Trounced

Website of the Day
American Casino

April 24-26, 2009

Alexander Cockburn
Putting the Bush Years on Trial

Marjorie Cohn
Torture Used to Try to Link Saddam with 9/11

Andy Worthington
Who Ordered the Torture of Abu Zubaydah?

Jeremy Scahill
Are Leading Democrats Afraid of a Special Prosecutor to Investigate Torture?

Chris Floyd
Top of the Heap: the Democrats' Teachable Moment on Torture

Mike Whitney
A Housing Crash Update

Anthony DiMaggio
Obama and the Housing Crisis

Chris Kromm
Democratic Lobbyists Key to Fight Against Employee Free Choice Act

Saul Landau
Seventeen Months in "the Hole:" an Interview with the Leader of the Cuban Five

Dave Lindorff
Free John Walker Lindh

Greg Moses
The Debt Looters

Joshua Frank
Calling for a Coal Moratorium: an Interview with Ted Nace

Fred Gardner
Collective Farming and the Lynch Case

Manuel Garcia, Jr.
Homework, Testing and Stealth Apartheid in Education

David Michael Green
Of Tea Parties and Teleprompters

Ramzy Baroud
Middle East Spies: a New Front in Gaza's Conflict

Rannie Amiri
Mubarak's Expanding Enemies List

Laura Carlsen
Mr. President, Calderon is Not Mexico

Richard Morse
The Haitian People Need a Lobbyist

Nikolas Kozloff
Protecting the Bald Eagle: a Task Now Falling to ... Hugo Chavez?

Kent Peterson
The Fight to Save Mexico's Mangroves

Robert Bryce
The Ethanol Scammers Rent a General

Niranjan Ramakrishnan The Financial Experts

Ron Jacobs
Torture is More Than Just "Harsh Tactics"

Richard Rhames
Roman Legends, Book Burning and History's Hunt

Stephen Martin
Wherefore Art Thou American Dream?

David Yearsley
Rodgers, Hammerstein, Michener and Nostalgia's Clammy Embrace

Poets' Basement
Khalil and Mankh

Website of the Weekend
Doug and Andrea Peacock on Grizzlies and Edward Abbey

April 23, 2009

Eamonn Fingleton
How the Wall Street Journal and the New York Times Buried the Madoff Scandal for at Least Four Years

Ray McGovern
Obama Plays Hamlet on Torture

Michael Ratner
The Torture Commission Trap

Alan Farago
The Quicksand Economy

Rob Larson
Business Gets Carded

Nadia Hijab
The Real Heroes of Durban

Fawzia Afzal-Khan
Deconstructing the Taliban

Dave Lindorff
Are Members of Congress Being Blackmailed?

Helen Redmond
Selling Out Single-Payer: the "Public Option" Con

Adam Federman
The Battle Over New York's Marcellus Shale

Website of the Day
An Interactive Map of Vanishing Employment Across the Country

April 22, 2009

Chris Floyd
The Fatal Thread: Torture, War and the Imperial Project

Joanne Mariner
Torture Evidence and Terror Blacklists

Vijay Prashad
Obama's Afghan Plan: Fracturing the Antiwar Movement

Gareth Porter
U.S. Lacks Capacity to Win Over Afghans

Dean Baker
The Tyranny of Bad Economics

Peter Morici
Housing Sales and Fixing the Economy

Winslow T. Wheeler
Eliminating Bad Pentagon Habits

Barucha Calamity Peller
The Battle to Take Back the New School

Harvey Wasserman
Chernobyl Could Happen Here

Aisha Brown /
Dedrick Muhammad
White Privilege in the Americas

Teo Ballvé
Obama's Feel Good Meeting with Colombia's Uribe

Website of the Day
Ahmedinejad's Durban Speech: What He Actually Said

April 21, 2009

Randy Rowland
Lindy Blake's Great Escape

Dave Lindorff
Jay Bybee's Conspiracy to Torture

Fidel Castro
The Secret Summit

George McGovern
Pull Out of Iraq This Year

Greg Moses
The Unemployment Channel

Benjamin Dangl
Argentina Remembers

Sonia Nettnin
Saving Lives in Gaza

Frank Barat
The Death of Bassem: a Shooting at the Wall in Bil'n

Binoy Kampmark
Legal Purgatory and John Demjanjuk

John V. Walsh
Code Red for Single Payer

David Macaray
SAG Should be Praised, Not Assailed

Website of the Day
Bonus Man: For Executive Assholes Everywhere

April 20, 2009

Mike Whitney
Housing Bust Comes Roaring Back, Worse Than Ever

Andrea Peacock
Histrionics and Legalisms in Missoula

Henry A. Giroux
Ten Years After Columbine: the Tragedy of Youth Deepens

Liaquat Ali Khan
Drone Attacks on Pakistan's Indigenous Tribes

Fred Gardner
Obama's DoJ Backs Prosecution of Medical Marijuana Providers

Stephen Soldz
Obama, Blair, Panetta and the Torture Memos: Praising Moral Cowards, Ignoring Real Heroes

Nadia Hijab
Obama's Multi-Polar Middle East

Dave Lindorff
The Meeting in Trinidad

P. Sainath
India's Press Nixes "R" Word

Nelson P Valdés
A Modest (Transition) Proposal to Obama

Mark Engler
American Empire Foreclosed?

Belén Fernández
The FARC Can't Dance

Website of the Day
Dear Mr. Buffett...

May 26, 2009

His Conviction Will Be Reversed

The Vindication of Sgt. Northcutt

By FRED GARDNER

“There’s a lone soldier on the cross
smoke pourin’ out of a boxcar door
You didn’t know it, you didn’t think it could be done
In the final end he won the war
after losing every battle...” 

–Bob Dylan

California’s Second Appellate Court will overturn Philip Northcutt’s conviction for marijuana cultivation in a written opinion due by August 3, according to attorney Benjamin Owens. That opinion might help define the necessary elements of a “collective cultivation” defense.

Northcutt, an Iraq vet, was still on active duty in the Marine Corps when he was busted for cultivation in Long Beach in March 2006.  He was tried, convicted, and imprisoned for 11 months, as reported here.

Oral arguments in People v. Northcutt were held May 19  in Los Angeles.  Owens, a young appeals specialist appointed by the court to represent Northcutt, says he was advised not to address the three-judge panel because a decision had already been made to find for his client (presumably on the basis of his written arguments).   It was  a whirlwind appearance and Owens cannot identify the judge who broke the welcome news.

Owens filed his first brief on Northcutt’s behalf in April 2008. He argued that the conviction should be overturned because of the judge’s “failure... to instruct the jury of the affirmative defense of collective cultivation.”

SB-420, enacted by the legislature in 2003 to help implement California's voter-enacted medical marijuana law, created section 11362.775 of the Health and Safety Code, which states: “Qualified patients... and... designated primary caregivers... who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions.”

An appellate-court ruling in the case of People v. Urziceanu  established that  SB-420 had indeed “created a new affirmative defense to a charge of cultivation of marijuana.” Owens wrote that the court is obligated to instruct on a defense “when it is supported by substantial evidence and the defendant is relying on it or it is not inconsistent with his theory of the case.”

Owens cited several cases to define “substantial evidence” as “evidence sufficient to ‘deserve consideration by the jury.’” Northcutt testified that the grow was providing for at least 12 patients; William Eidelman, MD, testified that he authorized Northcutt and his girlfriend to exceed the quantity limits of SB-420; and Chris Conrad testified that the amount of marijuana found at the warehouse was a reasonable amount for four or five patients to grow for themselves.

It is up to the jury, not the judge, to weigh the credibility and significance of the evidence, Owens argued. “If the jury believed this evidence, it would have to have found that the defense of collective applied and acquitted appellant [Northcutt] of cultivation of marijuana.   Therefore, the court erred in not instructing the jury on the defense Health and Safety Code section 11362.775 provides.”

Owens argued that the error was  prejudicial as opposed to harmless –meaning it could have influenced the jury's verdict. He wrote: “A defendant has a due process right to instruction on his theory of the case, violation of which demands application of the federal standard [of what constitutes prejudice]... Constitutional error is not harmless unless the prosecution can prove beyond a reasonable doubt that the error did not contribute to the verdict... Federal case law suggests that an even stricter test should be applied. Namely, failure to instruct on a defense that is supported by the evidence cannot be a harmless error...

“It is reasonably probable that appellant would have been acquitted had the jury been properly instructed. Indeed, the acquittal on the possession for sale charge indicates the jury likely believed the marijuana cultivation was for medical purposes, but that, under the flawed instructions, he simply had too much... Under the correct instructions, with the evidence adduced at trial, it is likely that this jury would have found the amount of marijuana permissible and acquitted him.”

If the appellate court panel bases its reversal of Northcutt’s conviction on Judge Pierce’s failure to instruct on “collective cultivation,” Owens thinks there is “a strong possibility” that  the decision will be published, i.e., become binding on Superior Courts statewide.  “There are no published cases on point there,” he observes.

Another Possible Basis for Reversal

Owens challenged Judge Pierce’s instructions to the jury on a separate basis in a supplemental brief filed in July '08: “It was prejudicial error for the court to instruct the jury that it could convict appellant of cultivating marijuana solely because he had more than the amounts specified in the constitutionally invalid Health and Safety Code Section 11362.77.”

An appellate court had recently ruled, in a case called People v. Kelly, that the section of SB-420 imposing limits on the quantity of marijuana a patient can possess was unconstitutional (because the legislature cannot weaken a law passed by the voters, and Prop 215 did not limit allowable quantity).

Owens wrote, “Through the court’s instructions, the testimony of witnesses, and arguments of counsel, the jury was invited to convict appellant based on the legally incorrect theory that he grew more marijuana than allowed [under SB-420].” 

The Kelly ruling is going to be reviewed by the state Supreme Court, and is no longer binding. If it turns out that the reversal of Phil Northcutt’s conviction was based on the allowable-quantity instruction, the decision will not be published.

Three little words

On Feb. 26, 2009, the Attorney General’s brief seeking to uphold Northcutt’s conviction was filed. The AG argued that the collective cultivation defense created by SB-420 only protects formally organized groups.

The AG cited Webster’s New World Dictionary to show that “collective” can denote a type of “communist farm.” And California’s Corporations Code and Food and Agriculture Code define “cooperative” as a specific type of agricultural nonprofit.

Owens then filed a reply brief arguing that the words “associate,” “collective,” and “cooperative”  are used in SB-420 in accordance with their “common sense, everyday, and non-technical meaning(s).”  The AG “makes a leap to conclude that because different forms of these words, which are not used in the statute, have technical and legalistic meanings, that must be the sense they convey in the statute.”

Owens pointed out that the AG’s own well-publicized “Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use,”  issued in August 2008, state  that “a collective is not a statutory entity.”  Having caught the AG in self-contradiction, the young appeals specialist waxed slightly sarcastic:

“These guidelines clearly indicate... that the term ‘collective’ imposes no requirement of a formal business organization. Now, however, because it sometimes means a type of organization used for farms in communist countries, [the AG claims that] the legislature intended that the collective cultivation defense only be available to those with ‘formalized relationships.’ This is a non sequitur.

“It is clear that the legislature did not mean that a collective cultivation defense would only be available to communist farms or formally incorporated agricultural non-profits. If the legislature intended to require a formal legal structure for those engaged in marijuana cultivation, it would have spelled it out in the statute.”

"Where did he go to medical school?"

Superior Court Judge James Pierce  imposed on Phil Northcutt as a term of probation that he “not use or possess any narcotics, dangerous or restricted drugs or associated paraphernalia, except with a valid prescription.”  Northcutt subsequently requested that the court confirm his legal right to use medical marijuana while on probation. He testified that he was using it for back pain and PTSD. He submitted a letter from Dr. Eidelman stating that his symptoms were combat-related and included chronic back pain, insomnia, nightmares and severe anxiety.

In denying Northcutt’s request, Pierce commented, “he [Eidelman] is a biased individual. This guy, if I had an ingrown toenail, would give me marijuana because under the law he could do that.”

Pierce stated on the record that Northcutt should be “actively pursuing alternatives.” He said he would grant the request to use marijuana if a doctor he considered unbiased reported, “I’ve tried everything else. We’ve tried Vicodin. We’ve tried everything under the sun. Nothing works. And furthermore, he doesn’t have to smoke this. I can give this to him in a tablet, and here’s the tablet.”

Judge Pierce stated that he could respect a doctor who said, “you know, in some cases this will work, but we can do it by a tablet, and we can do it by other means. You don’t need to be in that lifestyle. And but [sic] they said in some cases it really does help.”

Pro-cannabis MDs who stand up for their patients in legal proceedings often encounter judges playing doctor.  The late Tod Mikuriya used to say of such judges, "I wonder ,where did he go to medical school?" 

Judge Pierce’s comments in the Northcutt case reflect several common misunderstandings:

• Prop 215 only entitles patients with grave or terminal conditions to medicate with marijuana.

• Patients should have tried and failed to treat their medical problem with every conventional drug and procedure  before doctors can authorize marijuana use.

• Marijuana is available in pill form. Judges Pierce et al  assume that the herb has one active ingredient, THC, and that Marinol, which is synthetic THC, delivers it satisfactorily.

• Medical marijuana users have a “lifestyle” that they should be forced to abandon. 

Fred Gardner edits O'Shaughnessy's, the journal of cannabis in clinical practice. Email fred@plebesite.com.

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