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Today's Stories December 13, 2007 Paul Craig
Roberts December 12, 2007 Allan
Nairn Alan
Farago Ray
McGovern Winslow
T. Wheeler Evan
Jones James
Petras Joel
Hirschorn Joshua
Frank Sherry
Wolf Dan
Bacher Website
of the Day
December 11, 2007 Patrick
Cockburn Diana
Johnstone Paul
Craig Roberts David
Macaray Ralph
Nader Andy
Worthington Martha
Rosenberg Steve
Champion / Kim
Nicolini Michael
Dickinson Website
of the Day
Uri
Avnery Debbie
Nathan JoAnn
Wypijewski Steve
Kelly Donna
J. Volatile
December 8 / 9, 2007 Alexander
Cockburn Brenda
Norrell Saul
Landau R.
F. Blader Ray
McGovern Allan
Nairn Linn
Washington, Jr Paul
Craig Roberts
December 7, 2007 Sean
Penn Arthur
Versluis M.
G. Piety Pam
Martens Alan
Farago Allan
Nairn Col.
Dan Smith Alice
Slater Robert
Weissman Website
of the Day
December 5, 2007 Mike
Whitney Sharon
Smith James
Petras Ron
Jacobs Dave
Zirin John
V. Whitbeck Peter
Zinn Niranjan
Ramakrishnan Alan
Farago Heather
Gray Website
of the Day
December 4, 2007 Alexander
Cockburn Andy
Worthington Paul
Craig Roberts Ray
McGovern Winslow
T. Wheeler Allan
Nairn Russell
Mokhiber Nikolas
Kozloff John
V. Walsh Ghada
Ageel Stephen
Soldz Website
of the Day
December 3, 2007 Tariq
Ali Bill
Quigley Eric
Walberg Uri
Avnery Marjorie
Cohn Dave
Lindorff Stephen
Fleischman Martha
Rosenberg Website
of the Day
December 1 / 2, 2007 Alexander
Cockburn Jeffrey
St. Clair Mike
Whitney Shemon
Salam Roger
Burbach Benjamin
Dangl Brian
M. Downing Greg
Moses Sonja
Karkar Saul
Landau Margaret
Kimberley John
Ross Reza
Fiyouzat Judith
Scherr Lance
Olsen Christopher
Brauchli Robert
Fantina Dan
Bacher Michael
Donnelly Website
of the Weekend
November 30, 2007 Peter
Stone Brown Wajahat
Ali Allan
Nairn Alan
Farago John
Ross Corporate
Crime Reporter Lucia
Alvarez James
Rothenberg Website
of the Day
November 29, 2007 R.
F. Blader Ismael
Hossein-Zadeh Stephen
Soldz Sheldon
Richman George
Wuerthner Felice
Pace Col.
Dan Smith Harvey
Wasserman Nikolas
Kozloff Paul
Krassner Dave
Lindorff CP
News Service Website
of the Day November 28, 2007 James
Petras Jeff
Halper Pam
Martens Peter
Morici Mohammed
Khatib Helen
Redmond William
S. Lind Ben
Tripp Liaquat
Ali Khan Jeff
Berg Website
of the Day
November 27, 2007 Joe
DeRaymond Paul
Craig Roberts Marjorie
Cohn Mike
Whitney Ron
Jacobs Col.
Dan Smith Ralph
Nader Karim
Makdisi Christopher
Ketcham Ronan
Bennett Website
of the Day
November 26, 2007 Kathleen
and Bill Christison Paul
Craig Roberts David
Macaray Sameer
Dossani Roger
Burbach Mark
Scaramella Brian
McKinlay Rick
Kuhn Binoy
Kampmark Monica
Benderman Brenda
Norrell Website
of the Day
November 24 / 25, 2007 Alexander
Cockburn Robert
Fisk Saul
Landau Jeffrey
St. Clair Rannie
Amiri Christopher
Brauchli Daniel
Gross Mike
Whitney Marjorie
Cohn David
Rosen David
Michael Green Kenneth
Rexroth Muhammad
Iqbal Website
of the Day
Gary
Leupp Laura
Carlsen David
Macaray Andy
Worthington Clifton
Ross Seth
Sandronsky Dan
Bacher William
A. Cook Website
of the Day
November 22, 2007 Alan
Farago Greg
Moses Dave
Lindorff Mike
Ely Omar
Azfar
November 21, 2007 Vijay
Prashad Martha
Rosenberg Manuel
Garcia, Jr. John
Ross Brian
McKenna Stephen
Soldz Monica
Benderman Ben
Terrall Website
of the Day
November 20, 2007 Oren
Ben-Dor Wajahat
Ali Alan
Farago Marjorie
Cohn Ralph
Nader Andy
Worthington Sara
Olson Dave
Lindorff Paul
Krassner Website
of the Day November 19, 2007 Winslow
T. Wheeler China
Hand Allan
Nairn Uri
Avnery David
Macaray Dave
Lindorff Bill
Quigley Ron
Jacobs Sunsara
Taylor Binoy
Kampmark Heather
Gray Website
of the Day
November 17 / 18, 2007 P.
Sainath David
Rosen Mike
Whitney George
Wuerthner Brenda
Norrell George
Ciccariello-Maher Karim
Makdisi Marie
Trigona Valerio
Volpi Fred
Gardner Robert
Fantina Mike
Ferner Missy
Comley Beattie Kenneth
Couesbouc Patrick
O'Hayer Poets'
Basement
November 16, 2007 Cockburn
/ St. Clair Dave
Zirin Gary
D. Barnett Alan
Farago Dave
Lindorff Russell
Mokhiber Robert
Ovetz Brenda
Norrell David
Swanson Peter
Letheby Website
of the Day
November 15, 2007 Cockburn
/ St. Clair Adolfo
Gilly Peter
Bohmer Andy
Worthington Gray
/ Derks Liaquat
Ali Khan Dave
Lindorff Christopher
Brauchli Anthony
Papa Martha
Rosenberg Ben
Terrall Website
of the Day
Cockburn
/ St. Clair James
Petras Al
Giordano Paul
Craig Roberts Andy
Worthington Stephen
Lendman Fatima
Bhutto Martin
Smith Jeff
Leys Website
of the Day November 13, 2007 Alexander
Cockburn Jeffrey
St. Clair Robert
Bryce David
Macaray Mike
Whitney Ralph
Nader Nikolas
Kozloff Jordan
Flaherty B.
R. Gowani Website
of the Day
November 12, 2007 Vicente
Navarro Ben
Brown Omar
K. Sadia
Abbas Farzana
Versey Richard
W. Behan Paul
Krassner Cindy
Sheehan Peter
Stone Brown Dave
Lindorff Website
of the Day
November 10 / 11, 2007 Alain
Gresh Mike
Whitney Ron
Jacobs Jeffrey
St. Clair Alan
Farago Binoy
Kampmark Robert
Fantina Fred
Gardner Ayesha
Ijaz Khan Nicola
Nasser Philip
Rizk Michael
Dickinson Joel
S. Hirschhorn Paul
Krassner Wadner
Pierre /
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December 13, 2007 The Professor of TortureDershowitz for the Defense--of WaterboardingBy MIKE WHITNEY Alan Dershowitz is a crafty debater, a capable attorney and a ferocious defender of Israel. He is also a Harvard professor and a former member of OJ Simpson's legal defense called the Dream Team. An article by Dershowitz appeared on op-ed page of the Wall Street Journal on Novemeber 7, 2007, titled "Democrats and Waterboarding". In that article Dershowitz makes a spirited defense of waterboarding, going so far as to say that (he believes) the Democrats "will lose the presidential race if it defines itself as soft on terror." Dershowitz thinks the Democrats are headed for trouble if they assume the "pacifistic stance" that he identifies with Cindy Sheehan and Michael Moore. By using Moore and Sheehan as examples; it is clear that Dershowitz accepts the media's attempts to dismiss them as part of an imaginary "leftist fringe". Instead, Dershowitz holds up ex-New York Mayor Rudolph Giuliani as an example of a candidate whose popularity has steadily grown because of his "tough" stance on national security issues. Dershowitz uses the "national security" hobgoblin in the same way as Bush; to justify government activities that conflict with our existing laws and basic principles. It is a neat bit of lawyerly footwork, but unconvincing. In Dershowitz's defense, it is true that he does not approve of "the routine use of torture", but only in the rare situation when it might be useful in gaining " preventive intelligence information about imminent acts of terrorism--the so-called "ticking bomb" scenario." But, who decides? Do we bestow this authority on men who have already proven to be untrustworthy---on men who have already created an industrial scale system of torture in black sites around the world? Who do we trust with these new powers? And how do we know when a so-called "terrorist suspect" is a terrorist at all? Are we being asked to forgo due process and the presumption of innocence along with our revulsion to cruel and inhuman treatment? Dershowitz's loves to use the "ticking time-bomb" scenario and trots it out at every opportunity. It is a very persuasive argument, until one really examines the implications. Jose Padilla was supposedly a "ticking time-bomb", wasn't he? According to the earliest public statements by the Bush administration, Padilla had smuggled a nuclear device or "dirty bomb" into the country and was planning to use it in a terrorist attack against American civilians. But it wasn't true. The government had fabricated the entire story and kept him in prison without charges for over 4 years on claims that were manifestly false. The Bush administration has never offered an explanation for their lies. Padilla's attorney has produced convincing evidence that he was repeatedly tortured in prison and was, thus, driven insane. And for what? The government knew that he was not involved in a terrorist plot to kill Americans. Under Dershowitz's regime, Padilla's treatment would be entirely justified. Is that what we want? The "ticking time-bomb" argument is a way of challenging our core values. It's a test. It's like asking, "How much are we really willing to sacrifice for the sake of our beliefs? Are we willing to risk our lives and the lives of the people we love ?" Or are we ready to "throw in the towel" and hand the government even greater and more lethal powers hoping that they'll keep us safe? Dershowitz says, "I am personally opposed to the use of torture." But that is not true. If he is opposed to torture then how does he explain his support for "torture warrants"? The two are mutually exclusive. In Dershowitz's book, "Shouting Fire: Civil Liberties in a Turbulent Age," he says:
It's shocking that a respected author and attorney would actually qualify the type of needles ("sterile") that can be used while conducting torture. Can we see how outrageous this is? The excerpt proves that Dershowitz advocates torture. The support for "torture warrants" is support torture. Period. It doesn't matter if the torture is limited to extreme cases or not. It's barbarism. More importantly, it is barbarism that is vindicated by the state. Dershowitz has been defending his position on torture for more than 4 years. Here are his comments in 2002 from the op-ed page of the SF Chronicle :
Dershowitz is mistaken. According to every survey conducted in the last 5 years, the majority of American people are overwhelming opposed to torture and-I dare say---they are equally opposed to cops who take the law into their own hands and "engage in that time-tested technique for loosening tongues." What Dershowitz is suggesting here is deadly serious and paves the way for routine abuses of power and police brutality. It is a wonder that the Bar hasn't stepped in and chastised him for his public stance on this issue. Dershowitz's logic is also flawed. His argument can be reduced to this: "The cops are going to torture anyway, so let's give them the green light by providing them with "torture warrants"? Isn't that what he is saying? This is from the same article:
Again, this is poorly argued. Dershowitz is using the same feeble defense that schoolchildren use when they're caught breaking the rules: "Everyone else was doing it." That is not an acceptable defense for torture. Finally, Dershowitz offers this threadbare excuse for waterboarding:
Dershowitz is invoking the classic "ends justifies the means" defense, but not very cogently. What difference does it make if the information that is extracted through "physical coercion" is of some utility or not if the system you are trying to defend has been obliterated by your actions? It doesn't require a finger-wagging patriot or a moralizing scold to see that state-sanctioned torture means the end of the republic. There is no such thing as "legal torture". It is a contradiction in terms. Torture is an assault on the fundamental rights of man and the rule of law. It is one of "red lines" that we don't cross because on the other side is tyranny. There are certain basic assumptions upon which our country was founded and the entire legal and political system rests. These are our core beliefs; they are not facts. That's why the preamble of the Constitution reads: "We hold these truths to be SELF EVIDENT" because the founders posited that these beliefs did not require proof among civilized people. Among those "assumptions" is the idea of "inalienable rights" and the intrinsic value of man. Inalienable rights can't be casually swept away by a presidential signing statement or a congressional edict legalizing "torture warrants" any more than the Congress can haphazardly repeal habeas corpus by passing the Military Commissions Act. That's beyond their "pay grade". These officials weren't elected to rewrite the Constitution, but " to preserve, protect and defend" it to the best of their ability. These core principles cannot be changed without destroying the country itself. Is that the hidden agenda here; to reshape the nation according to an ethos that is more disposed to autocratic government? The Constitution isn't a security blanket. If we want to minimize the number of terrorist attacks on American citizens or US institutions; we should stop using war as an implement of foreign policy. As Noam Chomsky says, "The best way to stop terrorism; is stop committing it." That's good advice. We ought to put that on a billboard in front of the White House so the occupants can mull it over every day on their way to work. Dershowitz's ruminations on waterboarding offer nothing constructive as far as national security is concerned. It just more demagoguery. I agree with Dershowitz that "waterboarding cannot be decided in the abstract." Nor has it been. It has been thoroughly researched and condemned under the Geneva Conventions, the US military, and every human rights organization on earth. The issue has already been decided. It is torture, pure and simple, and no amount of legalistic gibberish changes a thing. There's another reason for rejecting torture besides the fact that it is morally abhorrent, or because it conflicts with our reading of the Constitution, or even because it abrogates the presumption of innocence, due process, the right to attorney, habeas corpus and every other principle to which we claim to adhere. The real reason that torture should be rejecte is because it confers more authority on the state than is prudent for the safety and welfare of "We the people". The state is now"and has always been"the greatest threat to human rights and civil liberties. That's truer today--in our post 9-11 world--than ever before. The state is the natural enemy of personal freedom. Dershowitz's polemic has nothing to do with his alleged interest in the security of the American people. That's hogwash. It is an attempt to expand the authority of the state by softening public attitudes towards torture. It's a blatant power-grab, pure and simple; and should be repudiated by anyone who grasps its true meaning. Mike Whitney lives in Washington state. He can
be reached at: fergiewhitney@msn.com ![]()
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