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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 13, 2008

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

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 13, 2008

Could This Be The One?

Forgery, Fakery and Fatigue (Scandal, That Is)

By DAVID REMINGTON

Okay, quick show of hands:  who was surprised by the recent “revelation” in Ron Suskind’s new book, The Way of the World:  A Story of Truth and Hope in an age of Extremism, that the Bush White House directed the C.I.A. to forge a letter from the Iraqi head of intelligence to Saddam Hussein designed to portray a false link between the September 11 attacks and Iraq? 

That’s what I thought.  Unless you’ve been living under a rock or otherwise hopelessly deluded by the endless stream of neocon propaganda sludge, this latest from Suskind is just another tendril in the dark churning cloud of villainy the Bush Administration has left in its wake. 

If I may steal from the Bard, there’s the rub.  Has the public grown so inured with reports of the lies, scandals, fabrications, and bizarre schemes that have dribbled almost daily from this White House, that this story be greeted with a large, collective yawn?   That may well be the case, but there are legal and logistical implications to this latest bit of Keystone Cop-style cloak and dagger plot that may give it legs.   

According to Suskind, high-level Bush Administration officials ordered the C.I.A. to forge a hand-written letter purportedly from Tahir Jalil Habbush, Saddam’s intelligence chief, to Saddam, indicating, among other things, that Mohammed Atta, infamous September 11th hijacker, had been trained in Iraq.  The letter was dated July 1, 2001, but its “existence” reported in late 2003, at a time when the United States was still fumbling around searching for non-existent WMD’s.  This bogus letter came in handy to supply a much-desired justification for attacking Iraq, and naturally, influence U.S. public opinion.  The story of the letter was picked up and reported with orgasmic glee by such towering journalistic giants as the Fair and Balanced-Meister himself, Bill O’Reilly.    

Now, even assuming a Congress that actually cared about the Constitution and the Rule of Law, and congressional leadership with the testicular fortitude to pursue the matter, the reign of mad King George will soon be ending, and there likely is not time to the realize the blessings of this revelation in the short time remaining in this presidential term.  Yet, this story could very well survive the end of the current administration and become a gift that keeps on giving. 

Ron Suskind speculates that this flimsy scheme could very well violate a federal statute prohibiting the C.I.A. from pursing covert activities designed to influence public opinion or the media.  When directed by the White House, the deliberate violation of this law is a potentially impeachable offence. 

The statute Suskind is referring to is 50 U.S.C § 413b Presidential approval and reporting of covert activities.  This section of law details the circumstances under which the president may approve covert activities of the C.I.A.  It also lists requirements for reporting to Congress and congressional oversight.  More specifically, 50 U.S.C. § 413b(f) reads, “No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.”

If this White House scam is proven, we can be certain that the Bush Administration, or its legal defenders, will attempt to scuttle any investigation or prosecution.  The road blocks thrown up will likely be variations of the following, all of which could easily fall against the hand of any reasonably diligent investigator or prosecutor:

Statutory Interpretation

One angle for Bush Administration defenders is to claim simply that the statute does not apply to the forged letter.  After all, the U.S. had already invaded Iraq, and besides, the forgery was developed to influence international, not domestic opinion. 

Nice try, as they say, but this approach is transparently evasive, and well, let’s face it, lame.  There is no question that public opinion was turning by late 2003, and the Bush Administration certainly desired a little public relations pick-me-up.  It was also clear that the story would make into the U.S. media and be used by the war’s defenders.

Executive Privilege

Always a favorite of tyrannical executive branch leaders, the Bush Administration, or its legal successors are almost certain to trot out this old horse.  The problem is that Executive Privilege, when applied, is generally seen as a shield against those seeking to pierce the wall of confidence between the executive branch and its top advisors.  Without it, so the story goes, presidents would be constrained from seeking frank advice.  By the same token, those advisers would be loath to engage in frank discussions with the executive, fearful that their words could someday make it in to the public domain. 

Again, in the forged letter scenario, the Executive Privilege argument falls flat.  Clearly the claim would not be used as a shield, but as a sword to justify actually directing a federal agency to engage in potentially illegal behavior.  Further, Section 413b Subsections b and c explicitly provide for reporting to Congress of presidential approvals of covert activities. 

Executive Privilege has just left the building.

National Security

Another horse, older and more tired than Executive Privilege, would be almost sure to raise its wizened head in the event of an investigation or prosecution.  Bush Administration defenders would argue that such information cannot be discussed in public in the interest of national security.  Now, courts have been historically kind to presidents and stretched this concept about as thin as it can go without breaking.  However, the same weaknesses that apply to the Executive Privilege “defense” apply to the National Security argument.  One just cannot escape the fact that if the concocted forgery scam is true, it was carried out in direct violation of a specific federal statute created to curtail just such behavior.  And again, the provisions for congressional oversight belie any claim that activity of this nature could not be investigated. 

As the days of the Bush Administration come to a close, it will be interesting to see where this story goes.  Congress has the tools to flesh out the facts, and the legal footing to push back against the standard administration stonewalling.  Whether Congress will do its job remains to be seen.  

In the weeks and months to come more information will likely emerge about the forged letter scam.  As more facts come to light, it seems more and more possible that Ron Suskind’s revelation is true (see Joe Conason’s piece in Salon, New Evidence Suggest Ron Suskind is Right).

In the meantime maybe we can dream that finally this is the one.

David W. Remington, J.D., a former law professor, works as legal counsel in private industry in the Eastern Province of Saudi Arabia. He can be reached at: drem1960@yahoo.com

 


 

 

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Grand Theft Pentagon
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The Occupation
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Humanitarian Imperialism
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