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Meat and Empire

The pig-raising factories of Smithfield Farms stretch from Mexico to Rumania and back to home sty in North Carolina, where swine flu first mutated. Viewing Earth from outer space an alien ecologist might conclude cows are the dominant species of our planet. Alexander Cockburn on the conquest landscapes of the meat-producers. Nanotechnologies, say their boosters, are changing the way people think about the future. They rush to buy nano-products. But how safe are they? Steven Higgs has a chastening message for us. And Senator James Abourezk concludes his vivid “Adventures in Indian Country”, with the story of the occupation of Wounded Knee. Yes, he was there and he was one scared senator. Get your new edition 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

May 22-24, 2009

Conn Hallinan
Swine Flu Fallout

May 21, 2009

Jeffrey St. Clair /
Joshua Frank
The Politics of Bait-and-Switch: Obama and the Environment

Paul Craig Roberts
Morphing Dick Cheney

Chris Floyd
In Defense of George W. Bush

Gerald Paoli
Inside Iraqi Kurdistan: Life and Death in the Qandil Mountains

Zach Mason
Something's Gotta Give: Obama and the Hustler

Uri Avnery
A Quarrel on the Titanic

Andy Worthington
Out of Guantánamo

Niranjan Ramakrishnan
India: Two Funerals and a Wedding

Norman Solomon
The Afghanistan Escalation

Dave Lindorff
A Corporate Crime Wave of Labor Law Violations

Website of the Day
Swine Flu: The Panic That Wasn't

May 20, 2009

Michael Hudson
The Toll Booth Economy

Gary Leupp
Courting Hekmatyar: Obama and the Warlord

Michael D. Yates
Work is Hell

Jonathan Cook
Netanyahu Adviser Steps Out of the Shadows

Peter Lee
The World Doesn't Have a Pakistan Nukes Problem ... It Has a David Albright Problem

Binoy Kampmark
The End of the Tamil Tigers?

Peter Zinn
Eulogizing Lawyers

William Loren Katz
Tortured Reasoning; Tortured Results

Gary Lapon
Why Women Need Single Payer

Trudy Bond
Torture, Shrinks and a Groundhog's Day Moment

Website of the Day
Meet the Climate Change Lobby

May 19, 2009

Kristoffer Rehder
Check Point Iraq: a Soldier's Tale

Mike Whitney
The Real Lesson of the Financial Crisis

Ray McGovern
How Colin Powell Got Duped by the CIA

Vijay Prashad
The Indian Elections: a Game Changer?

Mirjam Hadar Meerschwam
Intimidation and Interrogation in Tel Aviv

Mustafa Barghouthi
Is Obama Up to the Challenge of Dealing with Netanyahu?

Andy Worthington
Gitmo: A Prison Built on Lies

Binoy Kampmark
Britain's Speaker Crisis

John Walsh
John Kerry vs. Single-Payer

David Macaray
Alcohol as Metaphor: Zero Tolerance in the Workplace

Website of the Day
So You Think That Veggie Burger is Organic...

May 18, 2009

Dave Lindorff
The US is Using White Phosporous in Afghanistan

Abdul Malik Mujahid
Thirty Years of Tragedy in Afghanistan

Jonathan Cook
How Many Secret Prisons Does Israel Have?

Ben Rosenfeld
Police Violence: How Many Kicks to the Head Does It Take?

Patrick Cockburn
These Killings Will Only Strengthen the Taliban

Ralph Nader
They Want It All: New Tricks From the Old Energy Lobby

Stephen Soldz
Psychologist Bryce Lefever Clarifies Defense of Torture

Eugenia Tsao
On the Devaluation of Labor

Walter Brasch
Cheney's Magical Mystery Media Tour

Roberto Rodriguez
War and Torture

Charlotte Laws
Politics and American Idol

Website of the Day
Disbar the Torture Lawyers

May 15-17, 2009

Alexander Cockburn
King of the Hate Business

Jeffrey St. Clair
The Case of the Missing H-Bomb

David Rosen
Sexual Torture: What is Acknowledged and What Remains Unknown

Mike Whitney
From My Lai to Bala Baluk: Obama Picks Up Where Bush Left Off

Bruce Page
A Real History of Rupert Murdoch

Jeremy Scahill
The Black Shirts of Guantánamo

Fred Gardner
Tortured Reasoning: Judge Bybee Rules Against Brian Epis

Tom Barry
Fighting the Drug War at Homeland Security

Mats Svensson
On the Beach in Tel Aviv

Ramzy Baroud
The Drones Are Coming

Mark Engler
Science Fiction From Below

Mark Weisbrot
Stealth Move by IMF to Get $100 Billion Without Congressional Debate

Farzana Versey
Of Scapegoats and Separatists

Ron Jacobs
It's Up to You to Save Troy Davis

Hannah Wolfe
What to Tell the Children

Cal Winslow
Fresno, the New Ground Zero in the Battle Between the SEIU and NUHW

David Macaray
Labor Needs a Southern Strategy

Christopher Brauchli
Involuntary Baptism

Mark Seth Lender
The Lion Tamer's Story

Robert Fantina
Lapel Pins, Arugula and Mustard

David Ker Thomson
Last Man Walking

Stephen Martin
Lipstick Nightmare for Spin Merchant

Charles R. Larson
Double Exile

Chase Madar
"Angels & Demons" and the Extraordinary Power of Imaginary Heretics

Kim Nicolini
Vaginas From Outer Space! Boldly Sitting Through Star Trek

David Yearsley
Handel's Ghost

Lorenzo Wolff
Killer Virtues

Poets' Basement
Gibbons, Jordan and Moser

Website of the Weekend
Catch F-22

May 14, 2009

Michael Hudson
Where Russia Went Wrong

Andy Worthington
The Poisoned Mosaic: Judge Condemns Guantánamo Evidence

Paul Craig Roberts
The Impotent President

Jonathan Cook
The Pope's Pilgrimage: Legitimizing Netanyahu?

Ray McGovern
See No Evil: Ugly Questions for General Myers

Lance Selfa
The Limits of Liberalism

David Green
The Deportation of Demjanjuk

Dave Lindorff
Obama Channels Cheney

Frida Berrigan
Nuclear Options

Sue Udry
The Bybee Question

Website of the Day
Our Bombs: Tracking US Air Strikes

May 13, 2009

Brian M. Downing
The Road Out of Iraq

Gareth Porter
Gen. McChrystal and Afghanistan

Robert Sandels
Obama and Latin America: No Light, All Tunnel

Ricardo Alarcón
Cuba: Measure of a Revolution

Eric Walberg
NATO in Georgia: Fun and Games

Dave Lindorff
The Sinking of GM: When Captains of Industry Don't Go Down with the Ship

Deepak Tripathi
A Culture of Abuse

William S. Lind
Back to the Balkans: Hillary and the Sleeping Dragon

Kevin Zeese
A Populist Health Care Rebellion

Franklin Lamb
Lebanon: From Perdition to Redemption?

Website of the Day
Beth McIntosh: The Wild Ride

May 12, 2009

Gary Leupp
The Bomb Iran Faction

Richard Neville
The AfPak Blues: Corpses of the Kids by the Truckload

Wajahat Ali
Obama Chooses a Reliable Dictatorship

Dean Baker
The Banker Boys Are Alright! Time to End the Bailouts

Franklin Lamb
What Palestinian Refugees Need From Lebanon's Elections

Norman Solomon
A Progressive Challenge to Jane Harman

Paul Craig Roberts
Beware the Hate Crimes Bill

Lisa M. Hamilton
Let's Grow a New Crop of Farmers

Bob Fitrakis /
Harvey Wasserman:
Why Isn't Obama Turning to Credit Unions?

David Macaray
Wading Through the Grassroots

Website of the Day
Electronic Police States

May 11, 2009

Andrea Peacock
No Justice for Libby

Michael Hudson
Gordon Brown Spills the Beans on the IMF

Patrick Cockburn
Who Killed 120 Civilians?

Ralph Nader
The Single-Payer Taboo

John Kelly
Pseudoscience and Wrongful Convictions in the War on Drugs

Saul Landau
Cuba's Biggest "Crime"

Dave Lindorff
Blaming the Dead Victims

David Michael Green
Get Obama

Anthony Papa
Gov. David Paterson Does the Right Thing

Paul Krassner
Jon Stewart and Truman, the War Criminal

Website of the Day
Generational Homelessness

May 8-10, 2009

Alexander Cockburn
Dead Souls

Jeffrey St. Clair
Echoes of Amchitka: 40 Years After America's Biggest Nuclear Blast, the Damage Continues

Paul Wolf
Obama's Axis of Obedience

Steve Niva
Iraq: The Return of the Suicide Bombers

Neve Gordon
Jailed for Caring

Mike Whitney
Has Bernanke Pulled the Economy Back From the Brink?

Warren Hinckle
DiFi vs. Marilyn Chambers

Serge Halimi
In Praise of Revolutions

Gareth Porter
The Pakistan Conundrum

Sharon Smith
Something Stinks at Whole Foods

Andy Worthington
Obama's New Gitmo Policy: Back to the Bush Era?

Mark Weisbrot
Hillary and Latin America

Rosa Miriam Elizalde Cyber Command and Cyber Dissident: More of the Same?

David Macaray
Recessions and Labor Unions

Missy Beattie
The Real Housewives of War

Ron Jacobs
Mothers and War

Diane Farsetta
About Face on Pentagon Pundits?

Ramzy Baroud
War Without Context

Phelie Maguire
Living Next to Settlers

Robert Fantina
Party of Rush

Kevin Zeese
A Break From the Past in the Drug War?

Margaret Flowers, MD
The Baucus 8: Why We Risked Arrest for Single-Payer

Dave Lindorff
The Joke's on Us

Richard Rhames
Revenge of the Tundra

Ben Sonnenberg
Let the Right One In: A Vampire Visits a Welfare State

Kim Nicolini
Sin Nombre: Giving Faces to People Who Don't Have Names

Stephen Martin
The Riotous Action of the Complete Banker

Charles R. Larson
The Commencement Address You'll Never Hear

David Yearsley
Jean Ferrard, Organist Extraordinary

Lorenzo Wolff
Death Cab for Cutie: Surprisingly Familiar

Poets' Basement
G.S. Heiligschreib and David Farrelly

Website of the Weekend
Zombie Bank

May 7, 2009

Paul Craig Roberts
Criminalizing Criticism of Israel

Chris Floyd
A Full-Court Press for Pakistan War

Andy Worthington
Mixed Messages on Torture

Alan Farago
No Place Like Home: a Stress Test for Land Use, Not Just Banks

Ray McGovern
Deux ex Machina on Torture?

Dave Lindorff
Stain Removal: Impeaching the Torture Judge

Eric Toussaint /
Damien Millet
Why is There Rampant Famine in the 21st Century?

Ana M. Malinow, MD
Why We Need a Single-Payer Health Care System

Jeff Armstrong
Freeing Leonard Peltier: What Would Warren Harding Do?

Norman Solomon
A Green New Deal

Website of the Day
The End of Lake Mead?

May 6, 2009

Doug Peacock
The Fate of the Yellowstone Grizzly

Patrick Cockburn
Afghans to Obama: Get Out, Take Karzai With You

Richard Neville
The Torturer's Apprentice

Manuel Garcia, Jr.
To Power a Nation: Nuclear Bombs or Sunshine?

Winslow T. Wheeler
Of Pork and Baloney: Obama's Defense Budget

Deepak Tripathi
Pakistan in Crisis

Stephen Soldz
A "Natural Reaction": APA Ethics Policy-Maker Endorses Torture

Reuven Kaminer
Nice is Not Enough: Obama vs. Netanyahu and Lieberman

David Macaray
The Chrysler-UAW Deal

Kevin Zeese
Why We Were Arrested at the Senate Finance Committee Hearings

Marjorie Cohn
Stanford Antiwar Alums Call for War Crimes Investigation of Condoleezza Rice

Coalition for an Ethical Psychology
Investigate Psychologist and Health Provider Complicity in Torture

Website of the Day
Who's Behind the Financial Meltdown?

 

May 5, 2009

William Blum
Torture and Mr. Obama

Uri Avnery
Netanyahu's Plan

Steven Higgs
Autism and Toxic Pollution

Dean Baker
Why Economists Should Learn Arithmetic

Daniel Wolff
The Education of Rachel Carson

Sibel Edmonds
The Broken Congress

Carole King Klein
A New Chance to Save the Northern Rockies

Fidel Castro
Giving One's All

Belén Fernández
Oil and Aguardiente in the Ecuadoran Elections

Dan Bacher
Schwarzenegger's Big Lie About Fish vs. Jobs

Website of the Day
"I Married Isis on the Fifth Day of May"

May 4, 2009

James G. Abourezk
The AIPAC Spy Case

Jeff Leys
Obama's War Budget

Patrick Cockburn
Afghan Ayatollahs Press Marital Rape Law

Andy Worthington
A Start on Guantánamo, But Not Enough

Jaime Avilés
Mexico's Plague-Bringers

David Swanson
An Even Worse Bybee Memo

Paul Craig Roberts
Working with Jack Kemp

P. Sainath
Celeb Crusades and the Death of Politics

Eugenia Tsao
Canada's Obama and the Cult of the Prof

Benjamin Dangl
Protest and Rubber Bullets in Paraquay

Sami Al-Arian
Mourning William Moffitt

Website of the Day
"Soldiers Are Cutting Us Down": Kent State, May 4, 1970

May 1 - 3, 2009

Alexander Cockburn
Game-Changers: Specter Jumps, Souter Quits

Gary Leupp
Dropping the AIPAC Spying Case

Peter Linebaugh
The Key to the Bastille

Jeffrey St. Clair /
Joshua Frank:
Half Life of a Toxic War: Iraq's Wrecked Environment

C. G. Estabrook
Minion of the Long War

Patrick Cockburn
Kabul's New Elite

Mike Whitney
Economy on the Ropes

Pierre Sprey /
Winslow Wheeler
What "Sweeping Overhaul" of the Pentagon?

Andy Worthington
Al-Marri's Plea Deal: Dictatorial Powers Unchallenged

Mairead Maguire
Stand Up to Israeli Apartheid: a Letter to Obama From a Nobel Peace Prize Laureate

Nadia Hijab
The Israel Boycott is Biting

Diane Farsetta
Life, Death and Water Policy

Michael Calderón-Zaks
The Déjà Vu Flu: Why Much of the Discussion About Swine Flu is Racist

Richard Rhames
When Piggies Come Home to Roost: Swine Flu and the Industrial Meat Gulags

Russell Mokhiber
Inside the Beltway Baucus

Ramzy Baroud
Clinton's Unpromising Start

Rannie Amiri
Understanding Lebanon's June Elections

Deb Reich
No Talking, Dammit!

Steven Higgs
Indiana Criminalizes Dissent: Roadblocks on the NAFTA Highway

Brian Cloughley
Malice in Blunderland

David Michael Green
The Party's Over

Farzana Versey
Sex, Swat and Susan Boyle

Jim Goodman
Think Before You Eat: Agriculture and the Environment

Carl Finamore
New Prescription for a Healthy Union Movement

Christopher Brauchli
The Sounds of Silence: the Texas Option

Susie Day
The Real Cause of Unemployment: Employees!

David Yearsley
Nuts Over Beethoven

Lorenzo Wolff
Three Minutes of Perfection

Peter Stone Brown
Dancing with Dylan

Poets' Basement Dominguez, Orloski and Springate

Website of the Weekend
May Day Europe

April 30, 2009

Ellen Cantarow
Obama and "Two States": Seamless Continuity From Bush Time

Dana L. Cloud
The McCarthyism That Horowitz Built

Paul W. Lovinger /
Jeannette Hassberg
A Nation of Laws

Binoy Kampmark
Swine at the Trough: the Business of Pandemics

Brian Downing
The Perils of Modernization in Afghanistan

Frank Snepp
Tortured by the Past

David Swanson
The Wrong Torture Question

Conn Hallinan
The Coming Asian Storm

Ron Jacobs
Not Dead Yet: an Interview with Jerry Gordon on the State of the Antiwar Movement

John Goekler
The Only Path to a Middle East Picnic?

Jasmine L. Tyler /
Anthony Papa
An End to Crack/Powder Cocaine Sentencing Disparity?

Website of the Day
Emergency Petition: Stop Coal Industry Intimidation of Activists

April 29, 2009

Joann Wypijewski
Death at Work in America

Patrick Cockburn
The Taliban's Roads to Kabul

Andy Worthington
Cheney's Twisted World

Chris Floyd
The Specter Diversion

Dave Lindorff
No More Excuses: a Specter is Haunting the Democrats

Jeremy Scahill
The Nuremberg Truth and Reconciliation Commission?

Doug Henwood
Zionist Lobby Targets Another Tenured Professor: an Interview with William Robinson

Michael Hudson
Will Iceland be Handed Over to a New Gang of Kleptocrats?

Russell Mokhiber
My Ron Pollack Problem--And Yours

Eric Toussaint
Ecuador at the Crossroads

Website of the Day
An Interview with Leslie and Andrew Cockburn on "American Casino"

April 28, 2009

Uri Avnery
A Little Red Light: On Israeli Fascism

Jeremy Scahill
Obama's Iraq: the Picture of Dorian Gray

Dean Baker
The Perfect Gift for Wall Street: a Financial Transactions Tax

Michael D. Yates
At the Factory Gate

Conn Hallinan
Georgian Plots? Saakavili's "Order No. 2"

John Stauber
Beyond MoveOn

Tom Barry
The Failed Border Security Initiative

Harvey Wasserman
Who Pays for America's Chernobyl Roulette?

Jeff Nygaard
Pirates, Profits and Propaganda

Frederico Fuentes
Why the U.S. Still Hates Cuba

Website of the Day
The Man Behind the Hood

April 27, 2009

Pam Martens
The Far Right's Plot to Capture New Hampshire

Patrick Cockburn
Torture? It Probably Killed More Americans Than 9/11

Andrew J. Bacevich Guardian of the Status Quo: Obama's Sins of Omission

Mitu Sengupta
The Bloodbath in Sri Lanka

Franklin Lamb
Hillary Does Beirut: The 165-Minute Swoop-In

Firmin DeBrabander
Crimes of Economic Madness

Dave Lindorff
Wide Open to Pandemic?

Russell Mokhiber
How Corrupt is That?

Mike Whitney
Pinter's Message to Obama

Mark Weisbrot
Overhauling the IMF

Rev. José M. Tirado
Iceland's New Dawn: How the Right Got Trounced

Website of the Day
American Casino

April 24-26, 2009

Alexander Cockburn
Putting the Bush Years on Trial

Marjorie Cohn
Torture Used to Try to Link Saddam with 9/11

Andy Worthington
Who Ordered the Torture of Abu Zubaydah?

Jeremy Scahill
Are Leading Democrats Afraid of a Special Prosecutor to Investigate Torture?

Chris Floyd
Top of the Heap: the Democrats' Teachable Moment on Torture

Mike Whitney
A Housing Crash Update

Anthony DiMaggio
Obama and the Housing Crisis

Chris Kromm
Democratic Lobbyists Key to Fight Against Employee Free Choice Act

Saul Landau
Seventeen Months in "the Hole:"
an Interview with the Leader of the Cuban Five

Dave Lindorff
Free John Walker Lindh

Greg Moses
The Debt Looters

Joshua Frank
Calling for a Coal Moratorium: an Interview with Ted Nace

Fred Gardner
Collective Farming and the Lynch Case

Manuel Garcia, Jr.
Homework, Testing and Stealth Apartheid in Education

David Michael Green
Of Tea Parties and Teleprompters

Ramzy Baroud
Middle East Spies: a New Front in Gaza's Conflict

Rannie Amiri
Mubarak's Expanding Enemies List

Laura Carlsen
Mr. President, Calderon is Not Mexico

Richard Morse
The Haitian People Need a Lobbyist

Nikolas Kozloff
Protecting the Bald Eagle: a Task Now Falling to ... Hugo Chavez?

Kent Peterson
The Fight to Save Mexico's Mangroves

Robert Bryce
The Ethanol Scammers Rent a General

Niranjan Ramakrishnan The Financial Experts

Ron Jacobs
Torture is More Than Just "Harsh Tactics"

Richard Rhames
Roman Legends, Book Burning and History's Hunt

Stephen Martin
Wherefore Art Thou American Dream?

David Yearsley
Rodgers, Hammerstein, Michener and Nostalgia's Clammy Embrace

Poets' Basement
Khalil and Mankh

Website of the Weekend
Doug and Andrea Peacock on Grizzlies and Edward Abbey

April 23, 2009

Eamonn Fingleton
How the Wall Street Journal and the New York Times Buried the Madoff Scandal for at Least Four Years

Ray McGovern
Obama Plays Hamlet on Torture

Michael Ratner
The Torture Commission Trap

Alan Farago
The Quicksand Economy

Rob Larson
Business Gets Carded

Nadia Hijab
The Real Heroes of Durban

Fawzia Afzal-Khan
Deconstructing the Taliban

Dave Lindorff
Are Members of Congress Being Blackmailed?

Helen Redmond
Selling Out Single-Payer: the "Public Option" Con

Adam Federman
The Battle Over New York's Marcellus Shale

Website of the Day
An Interactive Map of Vanishing Employment Across the Country

April 22, 2009

Chris Floyd
The Fatal Thread: Torture, War and the Imperial Project

Joanne Mariner
Torture Evidence and Terror Blacklists

Vijay Prashad
Obama's Afghan Plan: Fracturing the Antiwar Movement

Gareth Porter
U.S. Lacks Capacity to Win Over Afghans

Dean Baker
The Tyranny of Bad Economics

Peter Morici
Housing Sales and Fixing the Economy

Winslow T. Wheeler
Eliminating Bad Pentagon Habits

Barucha Calamity Peller
The Battle to Take Back the New School

Harvey Wasserman
Chernobyl Could Happen Here

Aisha Brown /
Dedrick Muhammad

White Privilege in the Americas

Teo Ballvé
Obama's Feel Good Meeting with Colombia's Uribe

Website of the Day
Ahmedinejad's Durban Speech: What He Actually Said

April 21, 2009

Randy Rowland
Lindy Blake's Great Escape

Dave Lindorff
Jay Bybee's Conspiracy to Torture

Fidel Castro
The Secret Summit

George McGovern
Pull Out of Iraq This Year

Greg Moses
The Unemployment Channel

Benjamin Dangl
Argentina Remembers

Sonia Nettnin
Saving Lives in Gaza

Frank Barat
The Death of Bassem: a Shooting at the Wall in Bil'n

Binoy Kampmark
Legal Purgatory and John Demjanjuk

John V. Walsh
Code Red for Single Payer

David Macaray
SAG Should be Praised, Not Assailed

Website of the Day
Bonus Man: For Executive Assholes Everywhere

April 20, 2009

Mike Whitney
Housing Bust Comes Roaring Back, Worse Than Ever

Andrea Peacock
Histrionics and Legalisms in Missoula

Henry A. Giroux
Ten Years After Columbine: the Tragedy of Youth Deepens

Liaquat Ali Khan
Drone Attacks on Pakistan's Indigenous Tribes

Fred Gardner
Obama's DoJ Backs Prosecution of Medical Marijuana Providers

Stephen Soldz
Obama, Blair, Panetta and the Torture Memos: Praising Moral Cowards, Ignoring Real Heroes

Nadia Hijab
Obama's Multi-Polar Middle East

Dave Lindorff
The Meeting in Trinidad

P. Sainath
India's Press Nixes "R" Word

Nelson P Valdés
A Modest (Transition) Proposal to Obama

Mark Engler
American Empire Foreclosed?

Belén Fernández
The FARC Can't Dance

Website of the Day
Dear Mr. Buffett...


 

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Weekend Edition
May 22-24, 2009

A Message to Obama

No Military Commissions; No Preventive Detentions

By ANDY WORHTINGTON

First off, the President has lost none of his oratorical powers. His national security speech yesterday, in which he sought -- and, I think, largely found -- the correct balance with regard to the horrendous legacy of Guantánamo, was well crafted and delivered. He delicately put down the fearmongers in both parties who have recently tried to make political capital out of Guantánamo, laid down facts about the prison with an admirable clarity, eloquently called for cross-party unity on this most pressing of issues, and also explained his proposed solutions in a comprehensive manner.

I analyze these points in the article below, but although I believe that this speech will help the President score points from those who have, of late, been seeking to undermine him, I also have to point out that, on two issues -- the use of Military Commissions and the proposal to introduce a form of “preventive detention” -- no amount of eloquence can erode my implacable opposition to both suggestions.

The President began by being openly critical of his predecessors, who, “faced with an uncertain threat … made a series of hasty decisions. Even though those decisions were “motivated by a sincere desire to protect the American people,” he made it clear that many of them were “based upon fear rather than foresight,” and, interestingly, noted that the Bush administration “all too often trimmed facts and evidence to fit ideological predispositions” -- a statement which appears to refer to the inadequacy of the evidence against numerous Guantánamo prisoners, which I have been writing about for over three years, and have highlighted in two recent articles.

Obama proceeded to point out that the Bush administration had also set aside America’s core principles “as luxuries that we could no longer afford,” but also extended the responsibility for allowing this to happen to “politicians, journalists and citizens,” who all “fell silent” in this “season of fear.”

“In other words,” he continued, “we went off course,” and he suggested that the American people had realized this when they “nominated candidates for President from both major parties who, despite our many differences, called for a new approach -- one that rejected torture, and recognized the imperative of closing the prison at Guantánamo Bay.”

Moving on to specifics, Obama defended the absolute prohibition on the use of torture -- although he didn’t, of course, mention some reservations about loopholes in this policy that I explored here -- and unreservedly refuted claims that waterboarding was either necessary or useful (a familiar refrain, but one particularly focused just now on Dick Cheney, who appears to be on an endless Torture Tour). “I know some have argued that brutal methods like waterboarding were necessary to keep us safe,” he said, but added, “I could not disagree more. As Commander-in-Chief, I see the intelligence, I bear responsibility for keeping this country safe, and I reject the assertion that these are the most effective means of interrogation.”

On Guantánamo, Obama and his team had certainly done some research. The President made a point of mentioning twice that the Bush administration’s trials by Military Commission had led to only three convictions in seven years, and that 525 prisoners were released from the prison under his predecessor’s watch, and proceeded to emphasize that he was “cleaning up something that is -- quite simply -- a mess; a misguided experiment that has left in its wake a flood of legal challenges that my Administration is forced to deal with on a constant basis, and that consumes the time of government officials whose time should be spent on better protecting our country.”

Stressing that “the problem of what to do with Guantánamo detainees was not caused by my decision to close the facility; the problem exists because of the decision to open Guantánamo in the first place,” Obama pointed out that “the legal challenges that have sparked so much debate in recent weeks” -- the court order to release 17 Uighurs into the United States, and the Supreme Court’s 2006 ruling on the invalidity of the Military Commissions -- had taken place under the Bush administration, and, in the case of the Supreme Court, in a Court that “was overwhelmingly appointed by Republican Presidents.” This was true, but the emphasis he placed on it conveniently allowed him to evade responsibility for not intervening to prevent an appeal court from shamefully reversing the ruling about the Uighurs just three months ago.

Having established this background, Obama then openly criticized “some of the fear-mongering that emerges whenever we discuss this issue,” adding, “Listening to the recent debate, I've heard words that are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country.” Explaining, “I want to solve these problems, and I want to solve them together as Americans,” he insisted that “the wrong answer is to pretend that this problem will go away if we maintain an unsustainable status quo,” adding, “Our security interests won't permit it. Our courts won't allow it. And neither should our conscience.”

Moving on to the specific issues relating to the closure of Guantánamo, Obama began by assuring would-be critics that “we are not going to release anyone if it would endanger our national security, nor will we release detainees within the United States who endanger the American people” (a statement intended, I think, to provide reassurance that the Uighurs are not a threat). He then got down to details, beginning with a pledge that, “[w]here demanded by justice and national security,” “some detainees” -- mercifully, not all 240 -- will be transferred to secure prisons on the US mainland (with some added reassurance that “nobody has ever escaped from one of our federal ‘supermax’ prisons”).

After dismissing some of the shrill rhetoric about the recidivism rates of released prisoners by blaming it on the Bush administration’s “poorly planned, haphazard approach” to releasing prisoners (and not, of course, mentioning that another shoddy and exaggerated report was leaked by his own Defense Department just the day before), Obama promised that, “when feasible, we will try those who have violated American criminal laws in federal courts,” mentioning, thankfully, how federal courts have been perfectly capable of prosecuting terrorists (as, for example, in the cases of Ramzi Yousef and Zacarias Moussaoui), and also mentioning today’s reassuring announcement that one of Guantánamo’s “high-value detainees,” Ahmed Khalfan Ghailani, an alleged associate of the African embassy bombers, will be tried in a federal court in New York.

More worryingly, Obama also confirmed that, in some cases, he would indeed be pressing for trials using a revised version of the Military Commissions that were first conceived as an appropriate venue for “terror suspects” by Dick Cheney and David Addington, arguing -- wrongly, I believe -- that they have a noble history, are “an appropriate venue for trying detainees for violations of the laws of war,” and will, with some tweaking, be “fair, legitimate, and effective.”

We can at least be reassured that, unlike Cheney and Addington, Obama promised to “work with Congress and legal authorities across the political spectrum on legislation” relating to the Commissions, but I have to say that I will continue to campaign against the revival of the Commissions in any form, and that I also regard the decision to charge Ahmed Khalfan Ghailani in a federal court as a clear indication that trials in the US court system are the only legitimate way forward, and that setting up a two-tier system -- of federal courts on the one hand, and Military Commissions on the other -- appears to be nothing but a recipe for disaster.

Moving on, Obama dealt with the question of 21 prisoners whose release has already been ordered by the lower courts (following the Supreme Court’s ruling last June, in Boumediene v. Bush, that the prisoners have habeas corpus rights), by rather over-egging the point that “this has absolutely nothing to do with my decision to close Guantánamo,” that “[t]wenty of these findings took place before I came into office,” and, as an almost apologetic footnote, which betrays, I think, his preference for his own inter-departmental review of the Guantánamo cases over those made by the courts, stating, “The United States is a nation of laws, and we must abide by these rulings.”

After dropping, in passing, the news that the review team has now approved 50 prisoners for transfer to other countries (a few weeks ago, it was just 30), Obama moved on to a topic that is at least as worrying to lawyers, civil libertarians and those concerned with constitutional issues as the proposal to revive the Commissions: those prisoners who, as the President put it, “cannot be prosecuted yet who pose a clear danger to the American people.”

Although it was refreshing to hear Obama state, “I want to be honest: this is the toughest issue we will face,” the examples he gave of prisoners who might be imprisoned indefinitely under a form of “preventive detention” -- “people who have received extensive explosives training at al Qaeda training camps, commanded Taliban troops in battle, expressed their allegiance to Osama bin Laden, or otherwise made it clear that they want to kill Americans” -- cannot be regarded as a separate category of prisoner from those, like Ahmed Khalfan Ghailani, who will face a trial in a US federal court.

Frankly, to even entertain the prospect that a third category of justice (beyond guilt and innocence) can be conjured out of thin air without fatally undermining the principles on which the United States was founded is to enter perilous territory indeed. Fundamentally, Guantánamo is a prison that was founded on the presumption that the Bush administration’s “new paradigm” justified “preventive detention” for life, and although Obama stepped up his assurances at this point in his speech -- talking about “clear, defensible and lawful standards,” “fair procedures,” and “a thorough process of periodic review” -- it is simply unacceptable that “preventive detention” (which he referred to, euphemistically, as “prolonged detention”) should be considered as an option, however much he tried to legitimize it by stating, “If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight.”

To put it bluntly, it doesn’t matter how much you dress it up. Look at the sentence, “Hold[ing] individuals to keep them from carrying out an act of war,” replace “an act of war” with “a crime, any crime,” and you will, I hope, realize why the proposed policy is so terrifying and so thoroughly unacceptable. If a President came to power promising to “hold individuals to keep them from committing a crime, any crime,” I’d be very worried indeed.

I’ll leave it to others to analyze the rest of the President’s speech, which dealt with broader questions of national security -- including the “State Secrets” doctrine, the release of the torture memos issued by the Office of Legal Counsel, and the decision not to release photos of abuse in US prisons in Afghanistan and Iraq -- not because I have no interest in these issues, but because I don’t want to distract attention from the two particular responses to the “mess” inherited from the Bush administration that I find deeply troubling: the decision to revive the Military Commissions, and the decision to push for a form of “preventive detention.”

I’m dismayed by the first, because, as I made clear, I think it represents an unnecessary and unjustifiable two-tier system, but I’m almost speechless with despair about the second, and would urge anyone who believes in the fundamental right of human beings, in countries that purport to wear the cloak of civilization with pride, to live as free men and women unless arrested, charged, tried and convicted of a crime, to resist the notion that a form of “preventive detention” is anything other than the most fundamental betrayal of our core values.

Andy Worthington is a British historian, and the author of 'The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison' (published by Pluto Press). Visit his website at: www.andyworthington.co.uk He can be reached at: andy@andyworthington.co.uk

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