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How Cops Extort Confessions;
How the U.S. “Justice System” Really Works

Ninety-two per cent of felony convictions in the U.S.  are obtained by plea bargains or confessions. Without them the “justice system” would grind to a halt. In an important piece in our latest newsletter, available only to subscribers, Emily Horowitz shows how totally innocent people will “confess” under police pressure, even without physical torture. Horowitz outlines the powerful case for banning confessions altogether. Also  in this new edition Marcus Rediker, co-author of the legendary  The Many Headed Hydra, writes of popular heroism and resistance in the favelas of Medellin, Colombia. Alexander Cockburn reports on how America’s oldest bank, patronized by the global elites, washed billions smuggled out of Russia, and how the Russians might win their money back, shaking the world’s banking system if they do so. Serge Halimi describes the real battle for the soul of Europe. Get your copy today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and gear make great presents.

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Today's Stories

August 21, 2008

Allan J. Lichtman
Is Georgia 2008 a Repeat of Hungary 1956?

August 20, 2008

Michael Neumann
Russia and Georgia: Proportion and Distortion

Ray McGovern
Musharraf Out Like Nixon

Eric Walberg
Georgia's Ossetian Debacle

Fidaa Abed
Blocking a Gazan's Path to San Diego

Daniel Haack
The Pentagon's Most Prolific Pundit

Mike Whitney
Greenback Surges, Euro Shrivels

Website of the Day
Hands Off South Africa's Centre for Civil Society

August 19, 2008

Paul Craig Roberts
Are You Ready for Nuclear War?

Deepak Tripathi
A New Age of Torture

Marwan Bishara
The Politics of Evil in the US Elections

Saul Landau
Baseball Diplomacy or Just Baseball?

William S. Lind
Leave Georgia Alone, George

Martha Rosenberg
Whole Foods and Other Food Offenders

James Brittain
The Road to Tyranny in Colombia

Pratyush Chandra
Krugman's Great Illusion

David Macaray
AFSCME's Strike Against the University of California

Website of the Day
McCain Plagiarizing Solzhenitsyn

August 18, 2008

Tariq Ali
Pakistan After Musharraf

Gary Leupp
Russia's Georgia Campaign and the Expansion of NATO

Uri Avnery
The Anger, the Longing, the Hope

John Ross
Inside America's Death Chamber

Farooq Sulehria
An Afghan Woman Who Stands Up to the Warlords

Luis Rodriguez
The Power of Art and Youth

Manuel Garcia, Jr.
A Laser Weapon of Plausible Deniablity?

Noah Baker Merrill
We Can Do Better

Charles Thomson
Betrayal of Trustees at the Tate

Website of the Day
Gonzo Environmentalism

August 16 / 17, 2008

Alexander Cockburn
Don't Know Much About History...

Jeffrey St. Clair
Last Stand in the Big Woods: Resistance and Ignominy at Cove/Mallard

Deepak Tripathi
A Pawn in Their Game: From Georgia to the Brink of a New Cold War

Conn Hallinan
Georgia on My Mind

Mike Whitney
Revisiting the "Battle of Tskhinvali"

Robert Fantina
Russia, Georgia and Bush

Ray McGovern
Out Damn Blot: a Letter to Colin Powell

Nicole Colson
Bled Dry by the Oil Giants

Fatima Bhutto
The Impeachment of Musharraf

Jean-Luis Rocca
The Middle Kingdom's Middle Way

David Michael Green
My Army Went to Iraq and All I Got was This Lousy Air Lift

Ramzi Kysia
Standing Up for Justice in the Middle East

Dave Lindorff
Forging the Case for War

Lisa Martinovic
What's So Funny 'Bout Bush, Lies and Torture Memos?

Richard Rhames
Single-Payer, a Dream Denied

Don Santina
Taps for the Abraham Lincoln Brigade

Rannie Amiri
Dr. Saad Eddin Ibrahim vs. the Ugly Dictator

Ramzy Baroud
Family Politics and the New Gaza Crisis

John Stanton
The Army's Human Terrain Systems: From Super Concept to Super Farce

Howard Lisnoff
The Deportation of Jeremy Hinzman

Ron Jacobs
Sweat and Sacrifice Make History

Seth Sandronsky
Arianna Huffington's Blind Spot

Poets' Basement
Landau, Darwish and Orloski

Website of the Weekend
Summer Screening: CounterPunch's Favorite Films

 

August 15, 2008

Steve Niva
The Surge in Iraqi Female Suicide Bombers

David Remington
Sharpening Occam's Razor on the Forged Intelligence Documents

Michael Winship
The Imperial Presidency

Paul Craig Roberts
The Neocons Do Georgia

Farzana Versey
Taming the Islamic Shrew

Harvey Wasserman
McCain Goes Nuclear

Felice Pace
The Politics of Smoke

Julian Critchley
All Experts Agree: Legalize Drugs

Website of the Day
The Farting Preacher

August 14, 2008

Saul Landau /
Nelson Valdés
The Shape of Cuba's Reforms

Conn Hallinan
The Coming Surge in Afghanistan

Mike Whitney
Georgia and U.S. Strategy

Reza Fiyouzat
U.S. and Iranian Relations: What Does Normalization Entail?

Ralph Nader
Single-Payer Health Care in an Age of Two-Party Politics

Christopher Brauchli The Cheerleader in China

Jack Bradigan Spula
Plowing Through the Farm Bill

Patrick Irelan
After the Flood

John Walsh
Buyers Remorse Over Obama

Dan Bacher
Schwarznegger Pimps the Water Bond

Website of the Day
Zevon: Renegade

 

August 13, 2008

Paul Craig Roberts
"President Bush, Will You Please Shut Up?"

David Remington
Forgery, Fakery and Fatigue (Scandal, That Is)

Brian Cloughley
Afghanistan, Pakistan and the Press

Glen Ford
Are Black Politics Headed Toward the Graveyard?

Brendan Cooney
A Shattered Myth in Georgia

Dave Lindorff
This War Has Been Approved By Your Government

Tom Lewis
Morales After the Bolivian Referendum

Stan Cox
Let's Handcuff the Property Cops

Alan Farago
Crimes Against the State: Bushism and the Florida Mortgage Crisis

Martha Rosenberg
Fear and Loathing Behind the Plexiglass Curtain

Website of the Day
Here Today, Here Tomorrow: Young Workers and Social Security

August 12, 2008

Uri Avnery
Obama and the Middle East

Anthony DiMaggio
Master of Ambiguity: Obama's Non-Plan for Ending the War in Iraq

Bill Christison
No NATO Membership for Georgia

Eric Walberg
War a la Carte: How the US Invited a War in S. Ossetia

Kate Connolly
Old Cold Warriors Never Die: Brzezinski Compares Putin to Hitler

Diane Farsetta
Cracking the Pentagon Pundit Code

Peter Morici
The Trade Deficit and Job Losses

Thom Rutledge
Equal Opportunity Judgment: Reason, Morality and the Edwards Scandal

Lee Patton
How to Swiftboat McCain

Niranjan Ramakrishnan
Technological Titans, Moral Midgets

Website of the Day
Mr. Hot Buttered Soul

August 11, 2008

Ishmael Reed
Politics of the Race Card: McCain Gurgles in the Slime

Paul Craig Roberts
The Moronic Party: From Off-Shore Drilling to the Georgian War

Gary Leupp
The Neo-Cons' Dream Forgery: the Habbush Letter Revisited

Douglas Kammen
Rice and Circus in East Timor

William Willers
New Paths Toward the Loss of Our Public Lands: Subsidies, Volunteerism and Outsourcing

Greg Moses
The Smell of Propaganda in the Morning: Press Calls for War in the Caucasus

Jeff Leys
Showdown at Fort McCoy

Cynthia McKinney
We Are Not Hopeless

Alan Farago
The Olympic Spectacle and the New China

Website of the Day
Mahmoud Darwish, RIP

August 9 / 10, 2008

Alexander Cockburn
You Want More Still Proofs the Crony, Old-Line Press is Dead?

Jeffrey St. Clair
Pools of Fire: the Looming Nuclear Nightmare in the Backwoods of N. Carolina

Bruce Jackson
Hamdan's Secret

Kevin Young
Targeting Civilians: the Path to Hiroshima and Nagasaki

Chris Floyd
The Serpent's Egg: Solzhenitsyn and the Origins of the American Gulag

Joshua Frank
Inside Obama's Fundraising Operation

Robert Fantina
Of Campaigns and Timelines

Brendan Cooney
The Eagle is Wounded

Mark Almond
Plucky Little Georgia?

Lois Gibbs
The Lost Lessons of Love Canal

Rev. William Alberts
Blind Patriotism? McCain's Counting On It

Kathy Kelly
The Big Voice

John Ross
The Cutthroat Games: the Decline of the Olympics from Mexico City to Beijing

David Michael Green
The Fire This Time: the GOP and the Economy

Bill Moyers /
Michael Winship
A Novel Approach to Politics

Ron Jacobs
I Read the News Today, Oh Boy (Or Why John McCain Wants Cindy to Show Her Tits)

Richard Rhames
The Greatest Degeneration

David Yearsley
Once More Unto the Albert Hall, Dear Friends

Lee Sustar
Justice for the Freightliner Five: a Struggle for the Soul of the UAW

Brenda Norrell
Turning Sewage into Snow on the Sacred San Francisco Peaks

Ben Terrall
Immigration in an Age of Global Apartheid

Poets' Basement
Dominguez, Jenkins, Ibn Salma and Willson

Website of the Weekend
Tuli Kupferberg's Fig Leaf Olympics

August 8, 2008

Patrick Cockburn
Iraq's Nationalist Surge

Manuel Garcia, Jr.
Voting: a Ritual of Justifying Biases

M. Shahid Alam
The Zionist Stratagem

Andy Worthington
Salim Hamdan's Sentence

Lawrence J. Korb
Bad Advice from Generals

David Model
Instant Genocide

Alan Farago
When Miami Goes Bust: the Politics of the Housing Crisis

Diop Olugbala
What About the Black Community, Obama?

Firmin DeBrabander
When the Olympics Went Green--with Algae

Website of the Day
Summer Reading: CounterPunch's Favorite Novels

August 7, 2008

Dr. Trudy Bond
Fixing Hell and Curing Obesity

William Blum
Breaking Young Hearts: Obama and the Empire

Paul Craig Roberts
Do You Feel Safe Now?

Ralph Nader
Gouged in the Skies: Gotcha Capitalism in the Airline Industry

Robert Weitzel
Obama and the Two Walls

Jacob G. Hornberger
Why Wasn't Ivins Declared an Enemy Combatant?

Binoy Kampmark
Driving Bin Laden

David Macaray
What Does a Radical Labor Union Look Like?

Howard Lisnoff
Echoes of the Sixties: Refusing to Recite the Pledge

Website of the Day
Bono's Retirement Fund

August 6, 2008

Marc Herold
Obama and Afghanistan

Greg Moses
The Unnecessary Execution of Jose Ernesto Medellin

Sheldon Rampton
The Anthrax Cover-Up

Kevin Young
The Atomic Bombing of Japan: Tsuyoshi Hasegawa Re-Examines the Japanese Surrender

Michael Estrada
What I Re-Discovered in Mexico

Robert Weissman
The Commercial Games

Dr. Susan Block
The Knoxville Unitarian Universalist Church Killings: Did Rightwing Talk Shows Drive Him to Kill?

Cindy Sheehan
This is Horseshit

Ace Hoffman
The Unholy Trinity

Website of the Day
Over to You, Paris

August 5, 2008

Paul Craig Roberts
The Anthrax Attacks and the Assault on Civil Liberties

Jeff Halper
An Israeli Jew in Gaza

Patrick Cockburn
Iraq Better? With Three Wars Going On?

Nancy Welch
"What Did My Father Do to Deserve Such Treatment?" An Interview with Laila al-Arian

Peter Morici
Rear View Mirror Economics

Sousan Hammad
The Antisemitism Incitement Craze

Eamon Martin
The Audacity of Despair

Shepherd Bliss
Slow Food Nation Gains Momentum

Tim Matson
Keeping Cool and Saving BTUs

Website of the Day
Top Heavy Greens?

August 4, 2008

Uri Avnery
Olmert's Exit

Saul Landau
Reflections on the Cuban Revolution

David W. Remington
The Face of the Modern War Criminal

Rev. Jesse Jackson
The Question Conscience Asks

Dave Lindorff
The Cheney Doctrine: Shoot Your Friends First

Peter Morici
The Lingering Economic Malaise

Joanne Mariner
Debating Human Rights and Counter-Terrorism in Britain

Ramzy Baroud
Through the Israeli Looking Glass: Obama Joins the Club

Christian Wright
Why We're Protesting at the Democratic Convention

Website of the Day
The US and Karadzic

August 2 / 3, 2008

Alexander Cockburn
The Ongoing Persecution of Sami al-Arian

Jeffrey St. Clair
The Worst Day of Ted Stevens' Life?

Patrick Cockburn
Who's Really Running Iraq?

Winslow T. Wheeler
Is the King of Pork Dead?

James Abourezk
Lies the Oil Companies Peddle

Andy Worthington
The CIA's Secret Prison on Diego Garcia

Brian Cloughley
Baleful Imperial Power

Robert Fantina
Redefining Progress in Iraq

Benjamin Dangl
Total Recall in Bolivia

Marlene Martin
Living in Hell for Life

David Yearsley
The Sound and Fury of Wet Balloons Rubbed with a Big Sponge: Yes, Bill O'Reilly, This Your Kind of Music!

Fatemeh Keshavarz
What Qualifies "Them" for the Death Sentence?

David Michael Green Obama as Dukakis

Harvey Wasserman
Meet the Real Terrorists of the 1960s

Jason Hribal
Moja Has Mojo: How a Few Elephants Turned the Zoo Industry Upside Down

Phyllis Pollack
The Rolling Stones' Exile on Geary Street: an Interview with Rock Photographer Dominque Tarle

Laray Polk
Tongues of Fire, Plains of Grace: Remembering Hiroshima and Nagasaki

Ron Jacobs
Jerry Garcia Meets Barack Obama

David Macaray
Labor, Management and the Adversarial Relationship

David Rosen
Teen Prostitution in America

Dan Bacher
Schwarzengger's Water Empire

Joe Allen
Batman's War of Terror

Poets' Basement
Graham, Stevens, Cory and Fleming

Website of the Weekend
Get Your War On: the Watch List

August 1, 2008

Jonathan Cook
Palestinians Face Home Demolitions Spree by Israel

Nikolas Kozloff
McCain's Mad Dog Advisor Max Boot

Rannie Amiri
Islamobamaphobia: a New Word Enters the Lexicon

Peter Morici
U.S. Economy Loses Another 51,000 Jobs

Christopher Brauchli
South Dakota's Abortion Fairy Tale

M. K. Bhadrakumar
Coup in the Great Caspian Play

Patrick Cockburn
Turkish Court Says Ruling Islamic Party Can't be Shut Down

James J. Brittain
The Continuity of FARC-EP Resistance in Colombia

Dan Bacher
Warren Buffett, Salmon Killer

Website of the Day
Shark Genocide: 100 Million Deaths a Year

 

July 31, 2008

Michael Hudson
The Next Big Bail Out: State, Local and Private Pensions

Carl Finamore
Protest Politics and the Democrats: A Street Protester Looks Back at 1968

Mike Whitney
What's Going on in Afghanistan

Joshua Frank
Obama's Green Coal: Another Myth from the Change Agent

Andy Worthington
The Peculiar Case of Jarallah al-Marri

Ralph Nader
The Living Legacy of Rosa Parks

Bill Moyers /
Michael Winship
The Wave of Capitol Crimes

Robert Weissman
The Collapse of the WTO Talks

Dave Lindorff
Bush Judge Does the Right Thing on Executive Immunity

Website of the Day
Perils of the New Pesticides

July 30, 2008

Brian M. Downing
Assessing the Surge

Chuck Spinney
Should Obama Escalate the War in Afghanistan? A Thought Experiment

William S. Lind
Why McCain is Wrong on Iraq

David Ker Thomson
Against Bike Lanes

Karl Grossman
Nuclear-Powered Amphibious Assault Ships?

Mike Whitney
Apocalypse Down Under

Martha Rosenberg
Heifer Palooza

James Murren
Where Your Life is Worth One Bullet

Dave Lindorff
The Impeachment Hearing

Ron Jacobs
A Conspiracy to Kill Iraqis?

Website of the Day
Mapping Job Loss to China

July 29, 2008

Jeffrey St. Clair
King of the Hill Indicted! Ted Stevens' Empire of Corruption

John Ross
Return of the Gunboat

Peter Morici
When Will Henry Paulson Learn?

Alison Weir
Israeli Strip Searches

Gary Leupp
"Bewilderment and Confusion on the Left?"

David Macaray
The Calculus of Union Strikes

Brenda Norrell
Censored in Indian Country

Marjorie Cohn
End the Occupations: Of Iraq and Afghanistan

Eric Ruder
A New Consensus on Iraq?

Website of the Day
"If You Could See Me Now ... "

July 28, 2008

Dr. Bryant Welch
Torture, Political Manipulation and the American Psychological Association

Kathy Kelly
Pictures from Summer Camp on the West Bank

Mike Whitney
Bad News and Bank Runs

Peter Morici
Spreading Layoffs, Sagging GDP

Christopher Brauchli
Death by (Power) Surge in Baghdad

Clifton Ross
The Spectacle and the Movement in Colombia

Stephen Lendman
The Bush Administration's Secret Biowarfare Agenda

Website of the Day
Stone's Dubya: the Trailer

 


August 21, 2008

The Driver and the Kangaroo-Skinner

The Military Commission Trials, So Far

By JOANNE MARINER

"We will continue to bring the world's most dangerous terrorists to justice," President George Bush said in 2006, explaining why Congress needed to pass a bill to allow detained terrorist suspects to be prosecuted in military commissions. That same month, the Republican-controlled Congress voted in favor of the legislation that the Administration wanted, and early the following year, the first detainees were charged.

To date, the commissions have prosecuted only two people: a driver and a former kangaroo-skinner. Both were clearly not dangerous terrorists, at least in the view of the people charged with deciding their fates, and both received light sentences.

The case of Salim Hamdan, Osama bin Laden's driver, is the first to have made it to trial; the other prosecution ended in a plea bargain. But the Hamdan trial, which ended this month, was at best a dress rehearsal for more consequential cases to come. It gave the government a chance to test out, in relatively low-stakes proceedings, some of the substantive and procedural arguments that it will rely on in future cases.

To date, the US government has announced charges against 19 other men, including seven cases in which prosecutors are seeking the death penalty. While a number of these cases involve minor defendants like Hamdan, the seven death penalty prosecutions do not.

Whether the seven defendants facing capital charges remain before military commissions, or end up being prosecuted in federal court, their trials will be closely watched and critically scrutinized. The trial of the alleged perpetrators of the September 11 attacks is, above all, the case by which the country's post-9/11 system of justice will be judged. If that trial is bungled-if it is seen as a sham-the whole of U.S. counterterrorism efforts will be badly damaged.

The Hamdan Trial

The two-and-a-half week trial of Salim Hamdan ended in a guilty verdict in early August. The defendant was convicted of five counts of providing "material support for terrorism" but was acquitted of arguably more serious charges of conspiracy. He was sentenced to five-and-a-half years of incarceration, which, because of time served, means that his sentence will expire at the end of the year.

Although military prosecutors appeared outraged at the lenience of the sentence, the results should be understood, from a more strategic perspective, as a boon to the Administration. The direct stakes for the government were low; what was far more important was for the judgment to enhance the credibility of the military commissions themselves.

While Hamdan was not acquitted, the fact that the commission found him not guilty on some charges, and gave him a low sentence on others, gave ammunition to those who claim that the commissions are not kangaroo courts. "We're pleased that Salim Hamdan received a fair trial," said a White House statement issued in the wake of the verdict, summarizing such views.

But serious flaws in the proceedings were still apparent, flaws whose importance will be magnified in later, more high-stakes trials. Notably, the military commission's lax hearsay rules allowed government prosecutors to introduce into evidence inflammatory and prejudicial material that had little or no connection to the defendant.

In addition, Hamdan's defense team received hundreds of pages of relevant documents-including information about reportedly abusive interrogations-only days before the trial began. Other documents trickled in after the trial was under way, making it near-impossible for the defense to conduct follow-up investigations.

A key question-one that will most certainly crop up in future trials-involved evidence obtained under coercion. Although the military commissions judge excluded certain of the statements that Hamdan had made in Afghanistan, statements that Hamdan made at Guantanamo were admitted despite reports that he had been subject to sexual harassment, extensive sleep deprivation, and other abuse. Worse, the commission ruling that allowed these statements into evidence was so heavily redacted that its logic and reasoning remained hidden.

Next on the Military Commissions Agenda

Only one more trial-that of Omar Khadr-is scheduled to take place before the November 4 presidential elections. Khadr, a 21-year-old Canadian, was just 15 when he was captured and seriously injured in a firefight in Afghanistan on July 27, 2002.

The US has accused Khadr of throwing the grenade that killed US Army Sergeant First Class Christopher Speer and injured two others. He is charged with murder, attempted murder, conspiracy, providing material support for terrorism, and spying. Although Khadr was a juvenile at the time of his capture, the United States has refused to acknowledge his status as a minor, or to apply universally recognized standards of juvenile justice in his case.

Khadr's case is currently scheduled to go to trial on October 8. A few other cases-including those of Mohammed Jawad (who was only 17 years old when he was arrested), Ahmed Mohammed Ahmed al-Darbi, Mohammed Kamin, and Ali Hamza Ahmad Suliman al-Bahlul-have also made forward progress. It is possible that one or more of these cases may go to trial by next January.

The Big Cases

The most serious and high-stakes cases that are pending involve the five accused 9/11 defendants-Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Walid bin 'Attash, Ali Abdul Aziz Ali and Mustafa al-Hawsawi-who are being tried together, and terrorist suspects Ahmed Ghailani and Abd al-Rahim al-Nashiri. The latter two defendants are accused of involvement in the 1998 bombing of the U.S. Embassy in Dar es Salaam, and the 2000 bombing of USS Cole, respectively.

The defendants in these cases face not only the prospect of unfair trials, but also the prospect of the death penalty after unfair verdicts. By moving their cases to federal court, the next president could avoid this outcome.

Joanne Mariner is a human rights attorney.

 


 

 

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