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As John Mearsheimer and Stephen Walt's long awaited "The Israel Lobby and U.S. Foreign Policy" draws hysterical abuse, former CIA intelligence officers Kathy and Bill Christison define the Lobby's real nature, trace its history, and measure its actual power. Get your copy today by subscribing online or calling 1-800-840-3683 Remember contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now
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September 29 / 30, 2007 Wajahat
Ali September 28, 2007 Kathleen
and Bill Christison Roberto
J. González / Saul
Landau Tom
Clifford Christopher
Brauchli Martha
Rosenberg Dave
Zirin Laray
Polk Binoy
Kampmark James
McEnteer Website
of the Day
September 27, 2007 Alan
Farago Andy
Worthington Jonathan
Cook William
Hughes Ray
McGovern Ron
Jacobs Dave
Lindorff Joshua
Frank Anne
Dachel Website
of the Day
Bill
Quigley Paul
Craig Roberts Jeff
Kisseloff China
Hand Behzad
Yaghmaian Sonja
Karkar Mike
Ferner Col.
Dan Smith Clifton
Ross Brenda
Norrell Website
of the Day
September 25, 2007 Nicole
Colson Uri
Avnery Brendan
Cooney Harry
Browne Marjorie
Cohn David
Macaray Ralph
Nader Dan
Bacher Anthony
Papa Christopher
Ketcham Website
of the Day
September 24, 2007 George
Ciccariello-Maher Saree Makdisi David
Keen Sherwood
Ross Ron
Jacobs Donna
Saggia Mike
Ferner Malini
Johar Schueller Monique
Dols Website
of the Day
Alexander
Cockburn Jennifer
Loewenstein Linn
Washington, Jr. Jeffrey
St. Clair Alan
Farago Brian
Cloughley Robert
Fantina Roxanne
Dunbar-Ortiz Jason
Hribal David
Rosen Mike
Whitney John
V. Walsh Dave
Lindorff David
Michael Green Fred
Gardner Cassandra
Jones Roger
van Zwanenberg Poets'
Basement Website
of the Weekend
September 21, 2007 Karim
Makdisi M.
Shahid Alam Alan
Farago Joshua
Frank Dave
Zirin Kenneth
Couesbouc Dr.
Steffie Woolhandler and Dr. David Himmelstein Ben
Terrall Steve
Fournier Frederico
Fuentes, et al Website
of the Day
September 20, 2007 Kathleen
Christison Zoltan
Grossman Paul
Craig Roberts Stan
Cox Russell
Mokhiber Charles
Modiano Raymond
J. Lawrence Brendan
Cooney Website
of the Day
September 19, 2007 Paul
Craig Roberts Paul
Krassner Sgt.
Martin Smith Seth
Sandronsky Claud
Cockburn Victoria
Buch Robert
Weissman Mike
Ferner Dan
Bacher Website
of the Day
September 18, 2007 Mike
Whitney Alan
Farago John
Ross Ron
Jacobs Alex
Doherty September 17, 2007 Marjorie
Cohn Paul
Craig Roberts Ricardo
Alarcón Marc
Levy Eva
Liddell Website
of the Day Sept. 15-16, 2007 Alexander
Cockburn Vicente
Navarro Mike
Whitney Herman
Mindshaftgap Ellen
Cantarow Jordan
Flaherty Zachary
Hurwitz September 14, 2007 Debbie
Nathan Franklin
Lamb Patrick
Cockburn Farzana
Versey Alan
Farago Hank
Edson September 13, 2007 Patrick
Cockburn Scott
Vest, former Air Force Captain at Minot Andy
Worthington Michael
Baney Dr.
Susan Block September 12, 2007 Paul
Craig Roberts Stan
Goff William
Blum Manuel
Garcia Debbie
Nathan September 11, 2007 Patrick
Cockburn Iain
Boal Michael
Dickinson Guerry
Hoddersen Bill
Hatch Gary
Leupp Website
of the Day September 10, 2007 Uri
Avnery Patrick
Cockburn Saul
Landau and Farrah Hassen David
Michael Green Pius
Adesanmi Betty
Schneider September 8 / 9, 2007 Alexander
Cockburn Saul
Landau Ismael
Hossein-Zadeh Ray
McGovern Matthew
Abraham Alan
Farago Christopher
Brauchli Rannie
Amiri Fred
Gardner James
L. Secor Missy
Comley Beattie Ben
Tripp Francis
Boyle Joe
Allen and Paul D'Amato Website
of the Weekend
Robert
Fantina John
Ross James
Brooks Russell
Mokhiber Joshua
Frank John
Walsh Mark
Brenner Mike
Ferner Website
of the Day
September 6, 2007 Kathleen
and Bill Christison Allan
J. Lichtman Norman
Solomon Yifat
Susskind Catherine
Fenton Laura
Santina Farzana
Versey Yves
Engler Kelly
Overton Michael
Simmons Website
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September 5, 2007 Stan
Goff Michael
Dickinson Matthew
Abraham Patrick
Cockburn Dave
Lindorff Paul
Craig Roberts Clifton
Ross Elizabeth
Schulte Joseph
Grosso Ben
Terrall Website
of the Day
September 4, 2007 Jean
Bricmont Patrick
Cockburn Ron
Jacobs Tom
Kerr Gary
Leupp Sonja
Karkar Heather
Gray Fidel
Castro Jackie
Corr Sunsara
Taylor Website
of the Day
September 3, 2007 Patrick
Cockburn Eamon
McCann Joshua
Frank Chris
Floyd Marjorie
Cohn Walter
Brasch Matt
Reichel Website
of the Day
September 1 / 2, 2007 Alexander
Cockburn Andy
Worthington Saul
Landau David
Keen Patrick
Cockburn Diana
Johnstone George
Longstreth, MD Linda
M. Woolf Ralph
Nader Fred
Gardner Ben
Tripp David
Michael Green Missy
Comley Beattie Michael
Dickinson Paul
Krassner Ron
Jacobs Poets'
Basement
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Weekend
Edition Blowback Strikes Guantánamo ProsecutorsThe Curse of the Military CommissionsBy ANDY WORTHINGTON The Military Commissions, the Stalinesque show trials dreamt up in November 2001 by Dick Cheney and his cabal of close advisors, including David Addington, have been dogged by controversy ever since. Killed off by the Supreme Court in June 2006, brought back to life through the ghoulish Military Commissions Act a few months later, and then killed off again three months ago, this long-running horror show returned from the grave again on Monday, when a trio of judges in a hastily convened appeals court ruled that announcements of the Commissions' death in June had been premature. So far so good for the "Dark Side," then. But wait! Before the ink had even dried on the script for the Commissions' latest rebirth, the Wall Street Journal reported that all was not well behind the scenes, and that the monster's puppeteers were engaged in a bitter dispute over the future of their masters' creation. According to "people familiar with the matter," as Jess Bravin described it, the Commissions' chief prosecutor, Col. Morris Davis, who took the job in 2005, has "filed a formal complaint," alleging that Brig. Gen. Thomas Hartmann, the legal adviser to retired judge Susan Crawford, the "convening authority" overseeing the trials, has "overstepped his mandate by interfering directly in cases." In a letter seen by the WSJ, Davis suggested that both he and Hartmann should resign "for the good of the process." Davis added, "If he believes in military commissions as strongly as I do, then let's do the right thing and both of us walk away before we do more harm." Officials cited by Bravin said
that the dispute "has left the prosecution office in disarray,"
with prosecutors "uncertain who is in command and which
cases they should pursue," out of the 80 or so that have
been regularly touted by the administration as those who will
face what Bravin describes, a little gingerly, as the "offshore
court." The dispute is apparently so severe that Davis has
"refused to file additional charges against Guantánamo
inmates until [it] is resolved," and the Pentagon's general
counsel, William J. Haynes II, a protégé of David
The conflict is already affecting the case of the Yemeni Salim Hamdan, one of Osama bin Laden's drivers. Hartmann has apparently suggested offering Hamdan a plea bargain, perhaps similar to the one that saw David Hicks released in May, overruling "the objections of trial prosecutors." And this is where it gets really interesting, as the conflict seems to be focused on Hartmann's opposition to what he perceives as the weakness of the cases that Davis has chosen to pursue: those which, like Hicks, Hamdan and the Canadian child soldier Omar Khadr, "rely largely on unclassified evidence, allowing trials to be open to the press to address criticism that the process is too secretive," even though these cases "tend to involve relatively undramatic charges, such as providing services to a terrorist organization." Hartmann, in contrast, wants higher profile cases, which "could attract more public attention and perhaps also support for the tribunal system, even though they may involve closed proceedings." The problems with the positions adopted by both Davis and Hartmann are apparent, and neither shows the system in a good light. On the one hand, there are the admitted weakness of Davis' cases, and, on the other, Hartmann's presumption that a system involving "closed proceedings" might attract public support. Less clear is how the conflict will be resolved. Hartmann, a reservist who took office in July, and whose civilian job is chief counsel to the Connecticut-based Mxenergy Holdings Inc., is actually Davis' superior officer, and is "supposed to provide impartial advice" to Susan Crawford. According to the rules set up for the Commissions, his role is to "make an independent and informed appraisal of the charges and evidence," to help Crawford "decide whether charges proposed by the prosecutors are sufficient to go to trial." However, he is not universally admired. Having taken charge of the prosecution office while Davis was away, recovering from surgery, he apparently took advantage of the prosecutor's absence to shake things up as he saw fit. One critic is Cully Stimson, the former deputy assistant defense secretary for detainee affairs, who is now a fellow at the Heritage Foundation. (Memorably, though Jess Bravin didn't mention it, Stimson, who helped draft the Commissions' rules, lost his government job earlier this year, after starting a witch-hunt against corporate law firms who do pro bono work for the detainees). Stimson, who appears more contrite these days, said that he didn't anticipate Hartmann "meddling in the day-to-day operations of the prosecutor." He explained that, if so advised by Hartmann, Crawford could "negotiate plea bargains even over the prosecutor's objection," but added that, just as the defense "should not be influenced or have the appearance of being influenced, so they can do the best for their client, the same should be true for the prosecution." Other critics have spoken out from within the prosecutor's office. Although a lawyer close to the process told Bravin that Hartmann had complained that, after four years, the prosecution was "still unready to try cases," and was frustrated with their "can't do" approach, some prosecutors have complained that Hartmann "is 'micromanaging' cases he doesn't fully understand." The case of Salim Hamdan, as Bravin describes it, "has struck a particular nerve." Prosecutors have explained that negotiating a plea deal with Hamdan "would be a blow to the government's credibility." In a particularly revealing admission, which illuminates the failures of the Commission system more than anyone involved in it would care to admit, one prosecutor said, "Think of our only other 'success' in this, David Hicks. How is that a success for the United States government? How does that justify Guantánamo?" As Col. Davis fumes, contending that the Military Commissions Act "bars outside interference in the 'professional judgment' of prosecution and defense lawyers," and stating, in no uncertain terms, that "If someone above me tries to intimidate me in determining who we will charge, what we will charge, what evidence we will try to introduce, and how we will conduct a prosecution, then I will resign," those whose reputations are really on the line, President Bush and Vice President Cheney, must be hoping for a swift resolution to the in-fighting. Having just revealed the scale of their ambition, lining up the "high-value" detainees for Military Commissions by allowing them access to lawyers for the first time, which, in the case of the longest-held detainee, Abu Zubaydah, is the first time in five and a half years that he has been allowed this right, the last thing they need is for the squabbling among their monster's puppeteers to bring the whole sorry charade crashing down once more. Bring on the monster, then. Those of us who still believe in the rule of law know that this inept, misguided and unjust creation will collapse again sooner or later, anyway. Andy Worthington is a British historian, and the author
of 'The
Guantánamo Files: The Stories of the 774 Detainees in
America's Illegal Prison' (to be published by Pluto Press
in October 2007).
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