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Today's
Stories
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
Saul Landau
An Oily Religious Dream
Jeff Halper
Setting Up Abbas
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?
|
Weekend Edition
October 8 / 9, 2005
Pot
Shots
Does the Controlled
Substances Act Mean What It Says?
By FRED GARDNER
Section 885(d) of the federal Controlled
Substances Act entitles undercover police officers to obtain,
handle, and sell illicit drugs. It states that "no civil
or criminal liability shall be imposed" on any "authorized
officer... who shall be lawfully engaged in the enforcement of
any law or municipal ordinance relating to controlled substances."
Section 885(d) applies to officers employed by cities, counties,
and states, as well as to federal agents.
In January, 1998, the Clinton Administration sought an injunction
to close the Oakland Cannabis Buyers Co-operative and five other
dispensaries for violating provisions of the Controlled Substances
Act. An astute defense specialist named Amitai Schwartz suggested
to OCBC director Jeff Jones and attorney Robert Raich, that Section
885(d) might afford protection. On July 28, 1998, the city council
agreed by a unanimous vote to authorize cannabis distribution
through the OCBC, citing 885(d) as authority.
At trial before U.S. District
Judge Charles Breyer on August 31, 1998, Raich tried to make
his 885(d) argument. Several Oakland officials, including an
assistant city attorney, were prepared to testify that they believed
their cannabis distribution program was legal under 885(d). But
Breyer ruled that it would violate the blatant prohibitionist
purpose of the Controlled Substances Act to interpret Section
885(d) as protection for cannabis providers. Breyer calls his
interpretation "the common-sense reading of the statute."
But the Raich/Oakland reading is the literal one, and statutes
are supposed to mean what they say.
Raich has now made the 885(d) argument four times in connection
with the OCBC case (which is now back in the Ninth Circuit Court
of Appeal pipeline), "and not once," he says, "has
a judge shown great interest in it. So it was very gratifying
to see two judges on the Ninth Circuit panel that is hearing
Ed Rosenthal's appeal ask detailed questions about 885(d), and
indicate that they were giving it very serious attention."
Rosenthal's appeal is being handled by Dennis Riordan and Joe
Elford. They argue that 885(d) applies because Rosenthal was
authorized by Jeff Jones to grow clones (starter plants) for
distribution through the OCBC program. A three-judge panel heard
oral arguments Sept. 13. Betty Fletcher and Marsha Berzon showed
positive interest when Riordan and Elford made their points.
Judge John Gibson, a visitor from the 8th Circuit, showed sympathy
for the prosecution.
Riordan is considered an ace appeals specialist. Among his many
triumphs was getting Marjorie Knoller's sentence reduced from
murder to manslaughter in San Francisco's infamous "dog-mauling"case.
He and Elford told the Ninth Circuit panel there were several
reversible errors in the record of the Rosenthal trial (which
also had been presided over by Charles Breyer), in addition to
the decision to exclude the 885(d) argument.
Breyer had not allowed the jury to hear that Rosenthal thought
he was acting legally. "If the jury got to hear that,"
according to Riordan, "they could have decided Ed was acting
in good faith and acquitted him. He was denied the right to present
a mental-state defense to the jury."
Rosenthal's lawyers also challenged the propriety of Assistant
U.S. Attorney George Bevan's dialog with the grand jury that
produced the initial indictment. Members of the grand jury had
asked repeatedly if the government's goal was to close down cannabis
clubs and Bevan repeatedly denied it. Only days before, the DEA
had cleaned out the Harm Reduction Center and padlocked its door.
Also being appealed is Breyer's ruling that the conduct of jurors
Marney Craig and Pam Klarkowski did not constitute grounds for
a mistrial. Craig had asked a lawyer of her acquaintance if she
could vote her conscience whether or not it clashed with the
judge's instructions. The lawyer/friend's answer had been an
unequivocal, "No. You must obey the judge." He added
that she could get into "bigtrouble" if she did not.
Craig relayed this information to Klarkowski as they drove to
court on the morning deliberations were to begin. Under the relevant
federal rule of evidence, 606 (b), the improper influencing of
jurors during the course of a trial can be grounds for dismissal.
Prosecutor Amber Rosen seemed to be going through the motions.
She failed to counter so many assertions and arguments made by
Rosenthal's lawyers that Judge Gibson felt impelled to ask, as
she closed, if she was sure she didn't have anything more to
add.
The government is arguing that Breyer didn't have the authority
to give Rosenthal such a light sentence (one day, time served).
Rosenthal's lawyers are confident that Breyer did have the authority,
but like their client, they are not expressing any gratitude.
The one-day sentence represented a dramatic capitulation on Breyer's
part. At the outset of the proceedings he had expressed skepticism
that Ed Rosenthal was unaware of his previous ruling in the OCBC
case that Oakland's distribution program was illegal under federal
law. But after Rosenthal's trial, influenced perhaps by editorials
in the San Francisco Chronicle and the New York Times, Breyer
found that Ed had a "reasonable belief" that he had
been properly authorized to cultivate by the city of Oakland.
Rosenthal wants to get his felony conviction overturned and to
win a political victory for the medical marijuana movement/industry.
A ruling is expected this month. The biggest victory would be
recognition by the Ninth Circuit that 885(d) applies to city-
or state-sanctioned cannabis operations. Then the Oakland model
almost certainly would be adopted by cities and counties throughout
California. The Bush Administration almost certainly would appeal
to the U.S. Supreme Court, forcing Chief Justice Roberts and
other so-called "conservatives" to abandon their allegiance
to local control. Congress almost certainly would move to reword
the Controlled Substances Act, opening up discussion of marijuana's
status as a Schedule-1 drug (dangerous, with np medical utility).
Things could get interesting.
And if the Ninth Circuit panel denies or doesn't address the
885(d)
argument, it will be raised again by Robert Raich on behalf of
Jeff Jones in the OCBC case.
"Duke" Schmidt's Fate
Shortly after the Rosenthal
case U.S. District Judge Charles Breyer presided over the prosecution
of Robert "Duke" Schmidt, who received a 41-month sentence
for cultivation. Duke Schmidt's belief that the government had
given him a green light to grow marijuana for medical purposes
was at least as sincere as Ed Rosenthal's. Although the circumstances
of their cases differed, the sentencing discrepancy can be seen
as a function of class. Ed, by dint of his status as a writer/publisher,
and his connections (overlapping Judge Breyer's social circle),
and his fundraising ability, and his attractive family and extensive
support system, had unique resources to bring to his court fight.
Also, he was a nonviolent first offender, somebody about whom
jurors could declare, "Ed Rosenthal is not a criminal."
Duke, on the other hand, had done time for bringing marijuana
into New Orleans by sea in the early 1970s.
Schmidt was supposed to start
serving his sentence last month, but he's still at liberty because
the government hasn't returned a sword collection and other personal
property seized from Schmidt's residence. He will be in court
October 5 in connection with his return-of-property motion. Schmidt's
doctor, Tod Mikuriya, is outraged that the government won't allow
him to medicate with Marinol, let alone cannabis. This is Schmidt's
punishment for attempting to wrestle the rifle away from an agent
who had awakened him with a prod of the barrel on the morning
of the bust. "My post-traumatic stress disorder is triggered
by having guns pointed at me," said Schmidt, "especially
when I'm woke up with one in my face."
Schmidt's belief that he had
a go-ahead from the feds is based primarily on his filing of
DEA Form 225, an application to manufacture controlled
substances. He says the DEA not only cashed his checks ($850
annually,
starting in 1999) but sent him a control number.
DEA Snatches Steve Tuck
Steve Tuck is a Gulf War vet
with a damaged spine who grew and distributed medicinal cannabis
in Humboldt County after the passage of Prop 215. His stated
goal was to develop strains suited to treating various medical
conditions. After being busted for cultivation in 2002, he moved
to Canada.
On Thursday, reports Richard
Cowan:
"Steve Tuck was taken
in handcuffs by Canadian Border Services Enforcement officers
out of his emergency room bed and driven to the US border. He
was in great pain this morning, and was partially sedated, but
he was aware of what was happening to him. The great risk is
that he will be taken into federal custody (in the U.S.), which
he might not survive because they will not let him have cannabis
under any circumstances.
"The essence of Tuck's
refugee appeal was that he would be happy to return to the US,
if he only faced state charges for growing medical cannabis in
Humboldt County. Canada refused to show any interest in finding
the answer to that simple question. If Steve is taken into federal
custody, it will be obvious that Canada knew the answer, but
withheld it from Tuck. If he is not taken into Federal custody,
Immigration Canada will have wasted vast sums of Canadian taxpayers'
money by not getting an answer to a fair question."
Fred Gardner can be reached at: fred@plebesite.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
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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
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