home / subscribe / donate / books / t-shirts / search / links / feedback / events / faq


Sucked Dry: the Late, Great State of California

Bill Hatch reports how California is being destroyed by the death grip of real estate promoters sucking up the state’s water resources in the name of the “free market.” There’s now a 4 to 1 chance that by June 1 there will be a medical marijuana law in Washington DC. Fred Gardner reports on the reform movement across the US. Jennifer Loewenstein exposes the huge flaw at the heart of the Goldstone Report. Sousan Hammad describes the travails of “Miss Palestine”. 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 t-shirts make great presents.

Order CounterPunch By Email For Only $35 a Year !

Today's Stories

January 25, 2010

JoAnn Wypijewski
Judges' Shock Ruling Okays Fantasist's "Repressed Memories" Fraud

January 22/24, 2010

Alexander Cockburn
The Great Leap Sideways

Russell Feingold
The Supremes Have Opened the Floodgates

Ralph Nader
The Supremes Bow to King Corporation

Christopher Ketcham
Freedom of Speech for a Fiction

Manuel Garcia, Jr
Corporate Personhood and Political Free Speech

Paul Craig Roberts
How Wall Street Destroyed Health Care

Jeffrey St. Clair
Poison Letters

Nikolas Kozloff
A Thorn in the Side of the U.S. Military in Haiti

Jean Damu
Haiti: Blood, Sweat and Baseball

Mitchel Cohen
Haiti and Toxic Waste

Paul Buccheit
The Tragedy of Haiti ... and Us

Conn Hallinan
Something About Yemen

Steven Higgs
The Mystery of the Eli Lilly Rider

Rob Stone, MD
Face Time With Rahm on Health Care

Saul Landau /
Nelson P. Valdes

The Preventive Coup

Ron Jacobs
Just Walk Away From the Democrats

Vijay Prashad
The Killings in Bengal

P. Sainath
India: Self-Slaughter Every 30 Minutes

M. Shahid Alam
Inviting David Brooks to My Class

George Wuerthner
Why Grass-Fed Beef Won't Save the Planet

Missy Comley Beattie
Could a Woman Who Posed Nude Get Elected?

Jean Sabaté
Russia's Ruined Far East Metropolis

Shamus Cooke
Company Unionism

Stephen Fleischman
The Founding Fathers and the Luck of the Draw

Michael Donnelly
Gitmo Closes

David Michael Green
How to Wreck a Presidency

Michael Dickinson
Art on Trial in the Capital of Culture

Charles R. Larson
In the Aftermath of 9/11

David Yearsley
From the Liberace Museum to Persian aub Zam Zam

Lorenzo Wolff
Catching Ziggy on the Lower East Side

Poets' Basement
Ahmad and Corseri

Website of the Day
Hitler Finds Out Scott Brown Won Mass. Senate Seat

 

January 21, 2010

Paul Craig Roberts
Security Fools

Alan Farago
Fat Tires in the Everglades

Richard Morse
Earthquake in the Red Zone

Stewart J. Lawrence
The Prospects for Comprehensive Immigration Reform

Harvey Wasserman
The Weimar Democrats

Carl Finamore
Class Clowns

Ramzy Baroud
Iran and Latin America: the Press Stirs the Pot

Marshall Auerback
Obama Still Doesn't Get It

Fawzia Afzal-Khan
Pakistan Love Story

Adam Federman
Did Commercial-ization Kill the Bees?

Website of the Day
How Free Market Theory Destroyed the Free Market

January 20, 2010

Alexander Cockburn
A Richly Deserved Humiliation

James Bovard
How the Patriot Act Perpetuates Official Robberies

Mary Lynn Cramer
Class and Party Differences in Massachusetts

Dean Baker
Making the Banks Pay

Uri Avnery
The Turkish Incident

Kathy Kelly
Tough Minds and Tender Hearts

Jeb Sprague
Haiti's Classquake

Ron Jacobs
Revolution Not a Tea Party

John V. Walsh
Why I Voted for the Republican in Massachusetts

Bouthaina Shaaban
A Wise Strategy for Obama

Gail Dines
The Ideal Partner?

Website of the Day
Water Insecurity in the Colorado Basin

January 19, 2010

Michael Hudson
Wall Street's Power Grab

John Maxwell
No, Mister, You Can't Share My Pain

Stephen Soldz
The Guantánamo Suicides

Richard Morse
Tweets from Port au Prince: "A Hungry Man is an Angry Man..."

Björn Kumm
The Tragedy of Toussaint L'Ouverture

Gary Leupp
Blowback of the Drones

Eric Toussaint /
Sophie Perchellet
Haiti's Odious Debt

Nikolas Kozloff
Chile's New Right

Benjamin Dangl
Profiting From Haiti's Misery: If the Marines Don't Kill You, the Loans Will

Dave Lindorff
The Blackout on Cuban Aid to Haiti

Robert Roth
The Politics of an Earthquake

Website of the Day
Break Up the Big Banks--ASAP

January 18, 2010

Petra Bartosiewicz
The Intelligence Factory: How America Makes Its Enemies Disappear

Nelson P. Valdés
The Rescue Operation's Priorities in Haiti

Bill Quigley
Why the U.S. Owes Haiti Billions

Richard Morse
I See No Evidence of a Government Presence Here: Tweets from Port au Prince

Tolu Olorunda
More Than Aid, Haiti Needs Allies

John Ross
The Silence of the Sub

Manuel Garcia, Jr. The Murder of Masoud Alimohammadi: Assassinating the Iranian H-Bomb

Ralph Nader
Privatizing Everything

Franklin Lamb
How McCain was Greeted in Lebanon

Frederick B. Hudson
Plucking the Chords of Change

Website of the Day
Senator Centerfold

January 15-17, 2010

Alexander Cockburn
Bum Rap for Harry, Not for Bubba Bill

Richard Morse
The Streets are Now Haiti's Living Room, Bedroom and Morgue

Bill Quigley
Ten Things the U.S. Can and Should Do for Haiti

Patrick Cockburn
Crushing Haiti, Now as Always

Jeffrey St. Clair
On the Firing Line

Anthony DiMaggio
Remaking an American Myth: Haiti, U.S. Aid and Humanitarian Relief

Tom Reeves
Haiti, Where America Never Learns

Daniel Wolff
Haiti's Ongoing Emergency

Alan Nasser
Obama's Latest Ruse: the Bank Tax

Saul Landau /
Nelson P. Valdes

A Coup in Honduras ... So Twentieth Century!

Andrew Oxford
Afghanistan's Soft-Spoken Rebel

Michael Donnelly
Big Greens and Real Greens: Biodiversity in the Age of Big Money Environmentalism

Russell Mokhiber
Democrats Going Down in Flames

Darwin Bond-Graham
The Green Drillers

Missy Beattie
War Dealer

David Ker Thomson
The Attention Economy

Gary Leupp
War on Yemen

Ron Jacobs
The Untold Story of Afghanistan

Clifton Ross
Nicaragua Now: Living the Farce

Jordan Flaherty
Her Crime? Sex Work in New Orleans

Marshall Auerback
Why Placating the Tea Baggers Protects the Status Quo

Marjorie Cohn
Keeping Same Sex Marriage in the Dark

Joe Bageant
Bass Boats and Queer Marriage

Tariq Ali
Remembering Daniel Bensaîd

Jayne Lyn Stahl
Too Soon to Fail?

Charles R. Larson
Iran at the Seams

Kim Nicolini
Vampires in Hard Times

David Yearsley
Histories of Western Music, From Grout to Kleinzahler

Poets' Basement
Garcia and Bryan

Website of the Weekend
Green Tags: Words That Stick

Support Haiti Action

January 14, 2010

Ashley Smith
The Incapacitation of Haiti: Before and After the Quake

Harvey Wasserman
Hard Core Green: How to Kick Corporate Butt

Dean Baker
The Case for Bernanke: a Really Bad Joke

Brian Cloughley
Selective Compassion

Brock L. Bevan
One Night in Sana'a: Parties, French Girls and Security in Yemen

Don Monkerud
The Health Insurance Monopoly

Winslow T. Wheeler
More Pentagon Spending

Gideon Levy
Only Shrinks Can Explain Israel's Behavior

Adam Federman
The Exxon Clause

James McEnteer
This Week in Stupid

Brian Concannon Jr
Working with the Haitian Government

Website of the Day
Protest at Wall Street

January 13, 2010

Patrick Haenni /
Sami Amghar
The Myth of Muslim Conquest

Jonathan Cook
The Iron Dome

Cecil Brown
Knocking on Woods: What Tiger Woods Jokes Tell Us About the American Character

Steven Higgs
Mercury and the "Environmental Soup"

Paul de Rooij
A People's Cartoon History of Gaza

Richard Forno
What Happens When They Change Targets?

Dr. Trudy Bond
Psychologists in an Age of Torture

Daniel Drennan
A Black Panther in Beirut

Martha Rosenberg
The "Good Cancer" Spin

Brenda Baletti, Gilson Rego and Antonio Sena
Battle in Amazonia

Website of the Day
Haiti Aid: Artists for Peace and Justice

January 12, 2010

Bill Salganik
The Myth of "Cadillac" Health Plans

Uri Avnery
The Quiet American Goes to Yemen

Dean Baker
Big Bank Theory

Dan Kovalik
Chiquita Lauded for Human Rights Abuses

Raza Naeem
Yemen's Memories of Revolution and Resistance

George Wuerthner
Up in Smoke: Why Biomass Wood Energy is Not the Answer

Dave Lindorff
Looking for Those Green Shoots

David Macaray
I am Blacker Than Rod Blagojevich

Tolu Olorunda
Bono Bombs, Again

Patrick Bond
Copenhagen Inside-Out

Website of the Day
Unfortunate Checkout Aisle Juxtapositions: Tiger and Abdulmutallab

January 11, 2010

Patrick Cockburn
Only Fools Rush Into Yemen

Gareth Porter
Potemkin Tunnels: Iran Uses Fear of Secret Nuclear Sites to Avert Attacks

John Ross
Mexico Welcomes 2010 With Bombs and Riots

Gregory V. Button
TVA Health Assessment Report on Coal Ash Raises Troubling Questions About the Agency

Ralph Nader
The Last of the Prairie Populists: Losing Byron Dorgan

Tom Barry
Not Systemic Failure, Failed System

Mikita Brottman
The Healing Powers of Facebook

David Michael Green Lost in the White House

David Swanson
Obama as the Secret Decider

Kevin Zeese
The Baucus 8 Are Free

Website of the Day
Solitary Watch: News From a Nation in Lockdown

January 8 - 10, 2010

Alexander Cockburn
Acting Responsible

Andrew Cockburn
How the Teamsters Beat Goldman Sachs

Jeffrey St. Clair
The Battle to Claim the New West

Alison Weir
Calling Bono: Your Palestinian Gandhis Exist ... in Graves and Prisons

Peter Linebaugh
Some Principles of the Commons

Vijay Prashad
The Long March in Latin America

Saul Landau
Naked Empire

Tim Simons /
Ali Tonak

The Dead End of Climate Justice

Andy Worthington
Putting an Afghan Nobody on Trial

Missy Beattie
Shall We Gather at the CIA?

David Macaray
A Ray of Hope for Labor

Ron Jacobs
A Life Worth Saving

Randall Amster
The Road to Health Care Reform is Paved With Bad Intentions

Winslow T. Wheeler
Is Accountability Expendable?

Brian M. Downing
Pakistan and the Afghan Insurgency

Dan Bacher
Big Ag's Big Lie About Feeding America

Christopher Brauchli The Senate and the Filibuster: a Helpless and Contemptible Body

Carl Finamore
Negotiating Separately, Fighting Together

Walter Brasch
Giving the Homeless the Cold Shoulder

Charles R. Larson
Is Tash Aw the Malaysian Graham Greene?

Kim Nicolini
"The Messenger:" a Story of Absent Bodies

David Yearsley
So You Want to Play in a Band in the Piazza San Marco?

Phyllis Pollack
Soul Serenade: the Legacy of Willie Mitchell

Lorenzo Wolff
Hoarding William Bell

Poets' Basement
Stevens, Kaung, & Yankevich

Website of the Weekend
Haitian Immigrant's Detention Story Leaves ICE Cold

January 7, 2010

Bruce Patterson
PTSD: Welcome Home, Hold Your Tongue

Alan J. Singer
How I Almost Became a Terrorist

Mark Weisbrot
Bail Out the Poor

William Blum
The American Elite

Joshua Frank
Bombing the Land of the Snow Leopard: the War on Afghanistan's Environment

Ramzy Baroud
The Media Vultures

Suzan Mazur
Turmoil at the NAS

D. K. Wilson
Guns, Race and Sports

Ray McGovern /
Coleen Rowley
CounterTerrorism in Shambles

Website of the Day
Sailing the Great Pacific Garbage Patch

January 6, 2010

Gareth Porter
The Iran Nuclear Trigger Forgeries

Mike Whitney
The Stimulus Killer: Rubin Rides Again

Dean Baker
The Undignified Death of the Washington Post

Adam Federman
Swimming in Natural Gas: the Greenwashing of an Industry

Tariq Ali
From Reconquista to Recolonization

Bouthaina Shaaban
2009: Some Arabs, Some Jews

Nikolas Kozloff
Converting Tiger Woods: Brit Hume's Slurs on Buddhism

Emily Ratner
Palestine Vivre!

Carl Finamore
The San Francisco Hotel Dispute

Anthony Papa
Panic in Needle Park: Return of the Fear Mongers

Website of the Day
Paul McCartney: the LSD Interview

 

January 5, 2010

Joseph Shansky
Killing Organizers in Honduras

Nadia Hijab
When Does It Become Genocide?

Steven Higgs
Evidence of Harm Revisited

Franklin Lamb
Obama Adds 675 Million Muslims to the Ultimate US Terrorism List

Frank Joseph Smecker
Coal's Ruptured Landscape

Paul Craig Roberts
The Law is Lost

Ellen Brown
Escape From Pottersville: the North Dakota Banking Model

Jayne Lyn Stahl
Time for a Peace Budget

Martha Rosenberg
Do You Know Where Your Child Is?

Laura Flanders
Dubai's Tower of Debt

Website of the Day
Guantánamo: the Definitive Prisoner List

January 4, 2010

Uri Avnery
The Iron Wall

Mike Whitney Bernanke in Atlanta

Patrick Cockburn
The Ugly Fortress

Dave Lindorff
Are U.S. Forces Executing Afghan Kids?

Dr. Susan Block
About a Boy: Inside the Two Heads of the Crotch Bomber

Lynda Brayer
Revenge and Retaliation in Gaza

Deepak Tripathi
Rebuff to Karzai or Occupying Powers?

David Michael Green
The Perils of Passivity

Lucinda Marshall
The Handmaid's Tale Comes to Life

K. Webster
A Flash of Anger, Then a Youth's Light Fades

Website of the Day
David Byrne: Art Funding or Arts Funding?

January 1 - 3, 2010

Alexander Cockburn
Goodbye to 2009, Hello to 2010: Year of the Tiger

Afshin Rattansi
Hostage to Fortune

Jeffrey St. Clair
Disquiet on the Western Front

Ralph Nader
The Awful Truth

Andrew J. Bacevich
Obama's Post-Modern War of Attrition

Joanne Mariner
Terror Suspects and U.S. Courts

Judith Blau, M. Rafael Gallegos Lerma and Alfonso Hernandez
In the Face of Immigrant Bashing

John Feffer
Emulating Nixon: Peacemaker as Warmonger

Fatma Elshhati, Miho Seki, and Anthony Löwstedt
The Ethnic Cleansing of Palestine: an Interview with Ilan Pappe

Kevin Gallaher / Timothy Wise
Lessons From NAFTA

Dave Lindorff
The Year of Our Discontent

Missy Beattie
Backward, Into Fear

David Macaray
Why Men Really Read Playboy

Natanya Robinowitz
Mexico's Abortion Laws

Franklin Lamb
The Israel Lobby's War on Al Manar TV

Bob Sommer
Meet the New Boss, Same as the Old

Floyd Rudmin
Kant on War

Jim Goodman
Obama's Wallflowers: Dancing With Those Who Brought You

Charles R. Larson
In the Cracks of the City

Gilad Aztmon
Avatar: a Humanist Call From Mt. Hollywood

Poets' Basement
Adler, Wróblewski and Wink

Website of the Weekend
Dimensions of the Afghan Insurgency

December 31, 2009

Winslow T. Wheeler
Eliminate the Senate

Patrick Cockburn
Touch Yemen, Get Burned

Mike Whitney
Lining Up for the Wall Street Gravy Train

Greg Moses
The Fear Stimulus

Ramzy Baroud
Egypt's Steel Wall

Ron Jacobs
Interventions R Us

Tom Stephens
"The System Worked"

Dave Zirin
The Man Who Would Reclaim Sports

Paul Richards
Tiger Max, Evel Denny, Buffalo Brian and Mini-Max Jon

Nick Egnatz
The Lesser Evil

Website of the Day
Roger Waters Blasts Israel's Siege of Gaza

December 30, 2009

Stephen Green
A Lawless Presidency

Thomas Mountain
What Did Angelina Jolie Pay for Her Baby?

Stewart J. Lawrence
Baluchistan and the Af/Pak War

Ray McGovern
Are Presidents Afraid of the CIA?

Jayne Lyn Stahl
Toys for Tots ... with Green Cards

Paul Craig Roberts
Israel Rules

Jeff Cohen
If It Was Wrong Under Bush, It's Wrong Under Obama

Binoy Kampmark
The Grand Placebo

Brenda Norrell
Hate and Death on the Border

Charles R. Larson
The Affluent Terrorist: Sexual Frustration and the Crotchbomber

Website of the Day
The Year in Coal

 

December 29, 2009

Gareth Porter
The Iranian Nuke Forgeries

Patrick Cockburn
Yemen Next

Steven Higgs Growing Up Toxic: Defeating Autism, Now

Susan Albulhawa /
Ramzy Baroud

Share the Land

Emily Ratner
Winding Our Way to Gaza

Dave Lindorff
Krugman's Health Care Sell-Out

David Macaray
Who is the Ideal Labor Leader?

Rev. William E. Alberts
Prince of Peace or Evangelistic Predator?

Deepak Tripathi
Compromised Domestic Policy, Militarized Foreign Policy

Walter Brasch / Rosemary Brasch
The Courage of Michael Vick: Dog Hanger as Model Citizen?

Website of the Day
Thinking Forward, Looking Back

December 28, 2009

Uri Avnery
Cast Lead II

Gary Leupp
Eyes on Yemen

Bouthaina Shaaban
Hearing is Not Like Seeing

Jayne Lyn Stahl
Decriminalize Political Speech

Sam Husseini
The Egyptian Puppet State

Greg Moses
Avatar's Jungle of Technology

Sonja Karkar
Gaza in Crisis

Patrick Bond
The Life and Death of Dennis Brutus

Michael Simmons
A Secret Masterpice: The Only Album "Bob Dylan" Ever Produced

David Michael Green
Good Riddance to the Devil's Decade

Alan McConnell
Who Will Organize the Organizers?

Website of the Day
Baucus: Shitfaced on the Senate Floor?

December 25-27, 2009

Alexander Cockburn
Disappointments in Samarra

Mark Rudd
What It Takes to Build a Movement

Ralph Nader
Read, Then Act: the Year's Best Books

Nicola Nasser
Palestinians on the Brink of Explosion

John Ross
Where the Holidays are a Cruel Hoax

Rannie Amiri
Jimmy Carter's Yuletide Apology

Christopher Brauchli
When Prosperity Comes to Bad Men

Shamus Cooke
Who Will Pay For the Economic Collapse?

Ramzy Baroud
Paying the Price for Europe's Identity Crisis

John Blair
My Moral Dilemma on Hydrofracking

Michael D. Yates
Fear and Loathing at St. Vincent College

David Macaray
The Gift Nobody Wanted

Charles R. Larson
Love in an Inhumane Country

David Yearsley
From the Little Ice Age, a Hot Christmas from Purcell

Kim Nicolini
Further on Down the Road

Poets' Basement
Four Poems by Gina Myers

Website of the Weekend
A Xmas Gift From Ray Charles

December 24, 2009

Carl Ginsburg
Cooing with Cash

Franklin C. Spinney For Better or Worse? the Afghan Escalation and Women's Rights

Nadia Hijab
The Jailing of Jamal Juma

Mike Whitney
Obama, Progressives and the Press: an Interview with Cindy Sheehan

Jayne Lyn Stahl
Reform in Name Only: Individual Mandates

William Loren Katz
Christmas Eve Freedom Fighters

Martha Rosenberg
First, Kill No Celebrities: New Year's Resolutions for the Drug Industry

Stephen Fleischman
A Pound of Flesh: Interest and Profit

Anthony Papa
Chase Bank Says F-You to Students at Holiday Time

Dave Lindorff
An Afghan Christmas: a Visit From St. Barack

Website of the Day
A Tale of Two Pigs

 

December 23, 2009

David Price
Hollywood's Human Terrain Avatars

Dean Baker
Bernanke and the Corruption of Washington Culture

Andy Worthington
The Afghan Four

Neve Gordon
Breaking Palestine's Peaceful Protests

Helen Redmond
Beware the Progressive Democrat

Debayni Kar
Can Migrants Save the Global Economy?

Fred Gardner
The Calender Girl Conspiracy: Could Pot Have Saved Marilyn?

Brian Tokar
What Really Happened in Copenhagen?

Dave Zirin
More Than a Sportswriter

Randall Amster
Et Tu, Barack?

Website of the Day
How Einstein Divided America's Jews

December 22, 2009

Paul Craig Roberts
Relocating Guantanamo

Dave Lindorff
A Longer, Deeper Recession Looms

Ralph Nader
Obama in the Shark Tank

David Rosen
Sexual Politics in the Age of Obama

Laurie Kirby
Woodstock's Dirty Secret

Ron Jacobs
The Best Way to Stop a War

Dick J. Reavis
Insurance Reform, in Brief

Manuel Garcia, Jr.
Palestine's Gift of Christmas

Norman Solomon
Flares in the Darkness

Rannie Amiri
The Death of the Grand Ayatollah Montazeri

Website of the Day
Nader: From W. to Obama: a Seamless Transition on the War

December 21, 2009

Alan Farago
Destroying the Everglades at 25 Cents Per Ton

Marjorie Cohn
Why the Af/Pak War is Illegal

Uri Avnery
Bordering on the Ridiculous: "Oybama" in Oslo

Mike Whitney
Bernanke Tightens the Noose

Mary Lynn Cramer
The Medicare Murder Mystery

Mark Scaramella
The Fate of California's Forests

Walter Brasch
Law & Order in Pennsylvania: Corruption, Murder and Race Hate

David Michael Green
Now, I'm Really Getting Pissed Off

Ingmar Lee
Why I Climbed the Flagpole

Farzana Versey
Whose Euthanasia Is It, Anyway?

Binoy Kampmark
The Conservative Dissident

Website of the Day
My Father Was a Freedom Fighter

 

December 18-20, 2009

Alexander Cockburn
Turning Tricks, Cashing In on Fear

Michael Colby
The Health Care Charade: Bernie the Quitter Fools Us Again

Jeremy Scahill
Stunning Statistics About the War That Everyone Should Know

Stewart J. Lawrence
Pakistan's Refugee Disaster: Symptom of a Deeper Malady

Mike Whitney
Chavez's Venezuela

Andy Worthington
The Case of the Unwilling Yemeni Recruit

James Ridgeway
How Health Reform was Killed by Triangulation

Saul Landau
Almost Year One: an Assessment

John Ross
Tragicomedy in Ixtapalapa

Danny Weil
Race to the Slop

Rannie Amiri
Year 1431: Off to a Rocky Start in the Middle East

Franklin Lamb
Life in Lebanon

Steve Early
Green Mountain Mustering for the War at Home or Abroad?

Liaquat Ali Khan
The Sovereignty of Muslim Nations: a Casualty of U.S. Foreign Policy

Fred Gardner
Pot Specialists Plan to Study New Strains

D. K. Wilson
Tiger Woods: Lessons Not Learned ... Again

Missy Beattie
It Takes a Conscience

Jim Goodman
Hope is Dead: the Ongoing Tragedy of Rural Health Care

George Wuerthner
Turning Montana Into the Nation's Woodbox

Charles R. Larson
Windows Into Non-Western Cultures

Lorenzo Wolff
Recession Punks

David Yearsley
That Nauseating Peace Concert

Ben Sonnenberg Lordura di Napoli: the Best DVDs of the Year

Wajahat Ali
Invading Eden: James Cameron's "Avatar"

Poets' Basement
Taylor, Pommy Vega and Cirino

Website of the Weekend
Rage Against the Machine: Uncensored for Xmas

December 17, 2009

Steven Higgs
Heavy Metal Kids

Barbara Koeppel
How Banks Prey on the Unemployed

Dave Lindorff
Abort the Democratic Health Care Bill

Ramzy Baroud
The Lobby Within

Ron Jacobs
Selling a "Just" War: From Panama to Afghanistan

Shamus Cooke
The Democrats' Faux Fight Against the Banks

Christopher Brauchli
Suffer Little Children

Binoy Kampmark
The "Inevitable" War?

Norm Kent
Death by Baggie

Patrick Bond
Green Market Punks

Website of the Day
Grayson: End the War Now

December 16, 2009

James Bovard
How Bush Redefined American Freedom

Gregory V. Button
The TVA Ash Spill One Year Later

Dan Schiller
It's a Wired World: the Communications Revolution

Gareth Porter
The Taliban's Offer

Farrah Hassen
The Cairo Detour

Nicola Nasser
U.S. Creates Its Antithesis in Iraq

Daniel C. Maguire
Why Obama Flunks the "Just War" Test

Martha Rosenberg
The Sex Scandal No One Wants to Talk About

David Macaray
Education's Dismal Cycle

Ellen Brown
An EU / IMF Revolt

Robert Bryce
The Copenhagen Conundrum

Website of the Day
Double Trouble for Polar Bears

December 15, 2009

Ellen Cantarow
Resistance in Bethlehem's Villages

Chris Floyd
Blair, Obama and the Narcissist's Defense

Anthony DiMaggio
Larry Summers and the Jobless Recovery

Dean Baker
Financial Transaction Tax: Easy and Fun Money

Andy Worthington
Tortured in the "Dark Prison"

Mike Whitney
Malalai Joya Among Warlords

Jayne Lyn Stahl
How About a War Rebate?

Jeff Ballinger
Advocating Sweatshops: NPR, NYT and Nick Kristof

Raymond Lawrence
Tiger's Fix

David Rovics
Report From Cop-enhagen

 

January 25, 2010

Only in Massachusetts ...

Judges' Shock Ruling Okays Fantasist's "Repressed Memories" Fraud

By JOANN WYPIJEWSKI

"A disgusting sinkhole of racism and vulgar prejudice” was  Alexander Cockburn’s apt characterization of Massachusetts on this site the other day— and we can now add this: the commonwealth is the last sanctuary for sex fantasists keen to lock someone up, perhaps for life, on no evidence at all.
On January 15 the Supreme Judicial Court of Massachusetts distinguished itself as the last court in America to accept, in the face of voluminous research and scientific opinion to the contrary, repressed memory (also called massive amnesia, dissociative amnesia, recovered memory) as valid evidence in a criminal prosecution.

It did so in its ruling in the case of Paul Shanley, the defrocked Catholic priest who in 2005 was convicted of raping and otherwise molesting a child on nothing more than the tearful “recovered memories” of the now-grown accuser. Shanley had become the eye of the panic storm over priestly abuse that swept through Boston and then the nation in 2002. The accuser, Paul Busa, was one of three young men who all had the same personal injury lawyer; all went to the same therapists; all talked together at length; all described nearly identical heinous assaults occurring in the same place and time when they were little boys in the same religious education class; all, miraculously, experienced total amnesia after each assault, so that they went innocently with the priest to be raped again and again every Sunday for years; and all, even more miraculously, recovered their memories of these agonies at the same time, after The Boston Globe decided to make Shanley its No. 1 “depraved priest”.

They also all were plaintiffs in a civil suit that the Archdiocese of Boston settled, before Shanley’s trial and against its lawyers’ advice, thereby collecting hundreds of thousands of dollars for their claimed suffering. Busa pocketed $500,000. His friend Gregory Ford, the first to recover his memories and, until he was discredited, the poster child of priests’ victims, got at least $1.4 million, the biggest individual payment made by the Catholic Church in Boston in the midst of the scandal. All three, along with another man, who was represented by the same personal injury lawyer, made essentially the same claims but had been in a different class as a kid, were complainants in the criminal indictment against Shanley brought by the then-Middlesex County DA, Martha Coakley.

That was in June of 2002. Then one by one the prosecution’s “victims” began to fall. Gregory Ford became a huge liability. A psychically troubled individual since adolescence, over the years he had also accused a neighbor, a cousin and his father of rape. Those denunciations his parents had always quashed, but after reading a Globe article they seized the opportunity that perhaps his troubles could be tied to Shanley, and pressed Gregory to remember until he succumbed and fell to the floor crying, telling them what they wanted to hear. Coakley and company ultimately decided that Ford, who once threatened to kill his whole family and burn down their house, might not make the most stable, sympathetic victim. The other friend was also dropped. He had claimed his memories returned while traveling to and from trips to Las Vegas, where he gambled away a lot of money and might have been perceived as an opportunist out for financial gain from the church. The fourth man had his own vexed back story and took himself out of the case, disappearing after a pretrial hearing.
That left Paul Busa, a former air force man who had hated his job and was looking for a way out of the military when the scandal broke. He found it, and at the time of trial was a fireman in Newton, married and with a story to tell the jury that was unencumbered by the more troubling biographies of his friends, not to mention the phenomenal coincidence of their amnesia and convenient remembering.

On January 31, 2002, Busa was told about the Globe’s story accusing Shanley of having sex with teenagers and young adults, and his first reaction was surprise; he’d always thought of the priest as “a nice guy”, he told his girlfriend, now wife. But later when she told him his friend Gregory Ford claimed to have been serially raped by the priest from the age of 6, Busa’s memories went to the alteration department.

He spoke to Ford, after which conversation he said his own memories hit him “like a tidal wave” and he cried for six hours. Then he spoke to Ford’s personal injury lawyer, Roderick (“Eric”) MacLeish. Then he went to the air force shrink, saying he needed to take a leave from the base to return to Boston to “pursue a class action lawsuit”. The shrink encouraged Busa to explore these new memories of abuse by keeping a journal. Write anything that comes into your mind, the shrink told Busa. Think of it as an “emotional barf bag”.

Thus began the accumulation of “evidence” that alone would put Shanley behind bars for twelve to fifteen years. At the top of each page Busa wrote, “Memo to Eric MacLeish, attorney confidential communication”.

“Journaling” is a common technique among therapists who believe in repressed memory. The theory is that through free-association and other quick-writing techniques, memories stored in the unconscious might break through the filters of thought, screening, logic and control that contribute to repression in the first place. In the annals of memory cases such techniques tend to produce fantasies, which can metastasize into false memories, as writing “whatever you want” slides effortlessly from game-like exercise into emotional release into documentary record. For Busa, the journal seems to have been both “barf bag” and serious business from the start, which accounts for such anomalies as his references to Shanley as “that faggot” or “that fucking faggot” in entries for days when he admittedly had no memories of sexual abuse but was making notes for himself and his lawyer that would later form the basis of his legal complaints.

It was February 11, 2002, when he was first told that Gregory Ford had recovered his memories, but Busa backdated his journal to February 1, the day after he discovered that the Globe considered Shanley a dirty pervert. Thus in one of the earliest entries, Busa writes, “Still no memories.” A few days later: “Remembered Shanley used to pull me out of class to talk all the time.” The next day: “Remembered Shanley leading me to the bathroom. Starting to get sketched out.” As he explained in a civil deposition, by the 9th of February he was “getting weirded out”, but this was retrospective, since it would not be until two days later that he “heard Greg was coming out [as a victim], tidal wave”.  To that last entry he appended an exact time, 1300 Mountain Time. It was the wrong time, since his girlfriend didn’t telephone him until about 1500: a simple misremembering, the assistant DA said at trial; he was writing fast, and he was upset.

On the witness stand Busa gave a performance of pain and rage, remembering exactly how Father Shanley had defiled him. It’s possible that he told himself, his lawyer, his journal and various therapists those stories so many times that they had become true for him. But some things that he had earlier remembered for purposes of the prosecution’s indictment he forgot by the time he reached the stand. Since, as Judge Stephen Neel himself instructed members of the jury, nothing presented in court corroborated the accuser’s central claims, it was short work to drop the counts that had hinged on those previous memories and just go forward with the ones that remained.

There never was any other evidence on which to hang the case. No physical evidence: Busa, too, would have been 6 years old when the weekly rape and abuse began, but no one noticed anything wrong with him. None of the many people who were in the church every Sunday before mass, when these crimes were supposedly committed, including Gregory Ford’s mother, who taught one of the classes and said in a deposition that she never noticed a thing. No one saw Busa alone with the defendant. None of the teachers who were called to testify supported his claim that he was regularly plucked from class by Shanley, or that he was sent out to see the priest because of bad behavior. In fact, they contradicted Busa’s claims.

It hadn’t mattered to the jury members, who apparently bought the prosecutor’s argument that people remember what is important to them, and sending a bad kid to see the priest over and over again just wasn’t important to those teachers. The absence of corroborating evidence didn’t matter to the Supreme Judicial Court either. Not that Shanley’s appellate attorney, Robert Shaw Jr., had asked the high court to review to that level of detail. But it is reflective of the general shoddy nature of the high court’s ruling that it opens its description of the case with a falsehood. It states that "the victim was observed leaving the classroom with the defendant on several occasions.” Testimony offered at the trial afforded no substantive basis for this flat assertion.

So the ruling begins dishonestly and never deviates. The crux of Shaw’s argument was that the belief in repressed memory, by whatever name, is just that, an idea unsubstantiated by scientific research, an unproven hypothesis, and therefore inadmissible in court. He argued that Shanley had ineffective counsel because his trial lawyer, Frank Mondano, had not rigorously challenged the basis of the prosecution’s case, had presented the trial judge with no countervailing data or expert opinion on which to assess the testimony of the prosecution’s expert witnesses and make a reasoned judgment as to the admissibility of Busa’s “memories”.

Shaw was not asking the court to divine Busa's veracity or even to determine that the hypothesis of repressed memory is, finally, true or false. That, he asserted, is the function of scientific research. But, as amply demonstrated in voluminous material he presented to the court, the research now available shows that there is nothing beyond faith to support the hypothesis of massive repression.

Almost fifty years of research on memory and trauma, involving 120 studies and more than 14,000 people with documented experiences of rape, sexual abuse, torture, death camps, war or other horrors, reveals no evidence of repressed memory—that is, an inability to remember that cannot be explained by ordinary forgetting, infantile amnesia, intoxication or brain injury. People may forget certain details of Nazi cruelty, but they don’t forget they were in Auschwitz, and don’t exist for years in a la-la land of neutral thoughts about the place until one day a tidal wave of memory hits them. They may not remember every child they killed, every village they destroyed or every gaping wound of a buddy bleeding out, but they don’t forget they were in a hell called Vietnam or Iraq or Afghanistan. They may not remember every unwanted touch or traumatic visitation by Uncle Harry, but there is not a shred of support for the idea that somehow repeated sexual trauma is different from torture, war, death camps such that it completely alters the process by which the mind creates and stores memory; that only sex can be so damaging as to reverse the process by which humans learn and have learned for millennia. The only circumstances under which childhood sexual abuse past the age of 4 has been demonstrably forgotten and re-remembered, according to Richard McNally, a research psychologist at Harvard who has conducted numerous experiments on the relationship between memory and trauma, is if the abuse was not first experienced as traumatic. That cannot apply to Busa, who claimed rape.

As dozens of pre-eminent social science researchers stated in an amicus brief, “Decades of research and scientific debate have clarified over and over again that the notion of traumatic events being somehow ‘repressed’ and later accurately recovered is one of the most pernicious bits of folklore ever to infect psychology and psychiatry.”

It was on that basis that Shaw challenged Shanley’s conviction, and since no Massachusetts court had ever fully considered the scientific, evidentiary basis for repressed memory, he and Shanley and his family had every reason to hope that when the Supreme Judicial Court agreed to hear the appeal last year, it did so with a serious intent to review the research and join numerous other courts in the land of rationality.

Contrary to what the court ultimately ruled, repressed memory is not “generally accepted in the relevant scientific community”. Nor is it generally accepted by courts, though it once was. From 1992-94, 354 lawsuits based on repressed memory were filed in US civil and criminal courts. From 2000-04, there were twenty. One of the reasons for the drop off was a 1993 Supreme Court decision, in Daubert v. Merrel Dow Pharmaceuticals, which held that scientific expert testimony must be both relevant and reliable to be admissible. A second decision, in 1999, extended the ruling to all expert testimony in federal courts. Since the mid-90s, many states have adopted similar standards, and judges have been dismissing cases or overturning convictions based on repressed memories, often after pretrial hearings featuring legal-scientific teams. R. Christopher Barden, a lawyer, psychiatrist and major proponent of the science-intensive approach, successfully led a team of five full-time defense lawyers and seven national experts in a monthlong landmark Daubert hearing in Rhode Island in 1999. He has litigated many such hearings in many jurisdictions across the country and has won them all, driving a stake through prosecutors’ use of this junk science to ruin people’s lives.

But faith and politics are powerful things, particularly in a place like Massachusetts, where the ground was laid by self-described feminists and therapists back in the 1970s for airy but wildly destructive notions that unremembered childhood sexual abuse, sometimes involving Satanic ritual, was epidemic, that numerous adult psychological problems or anxieties or even characteristics like lack of self-confidence could be attributed to it, that the magic bag of therapy could coax the memories into the light and thus bring “healing”, often in tandem with someone going to jail. Add that to the hysteria around the priest scandal and in particular around Shanley, whom the entire  power structure and its servants had convicted before court action even commenced, and it required a stiff-spined panel of judges to bring sense to the situation.

The Supreme Judicial Court turned out to be spineless, a prisoner of media interest and public sentiment, however irrational. Middlesex County prosecutors had relied on two therapists prominent in the warped little world of Boston’s repressed memory promoters. Dr. Daniel Brown and Dr. James Chu. Brown had appeared as a certified expert in courtrooms for years, stating that the mind’s capacity for “massive repression” was generally accepted as demonstrable fact in the psychological professions. That was always false, and by 2004 many of the therapists whose work Brown recommended had been disgraced, stripped of their licenses and revealed as dangerous frauds in successful malpractice suits. Brown's own testimony had been rejected as unreliable by courts in New Hampshire and Rhode Island. In 2007 an Indiana court rejected his testimony as misleading, and a federal judge threw out a $1.75 million verdict in a case that hinged on Brown’s expertise.

Brown’s confederate, Chu, had connections to the International Society for the Study of Dissociation, an organization peppered with believers in Satanic conspiracies, over which he once presided and whose journal he was editing at the time of Shanley’s trial. Formerly known as the International Society for the Study of Multiple Personality and Dissociation, it was co-founded by Bennet Braun, one of Chu’s mentors. Braun ran the country’s first dissociative disorder clinical unit and promoted belief in Satanic ritual abuse, also in a cult involving, among others, the Klan, the US military, the Mafia and FTD Florists. His career ended with a $10.6 million settlement of a lawsuit brought by a patient who had come to believe in therapy that she was a Satanic priestess.

In his appeal to the high court Shaw did not fault Judge Neel for his pretrial ruling on the admissibility of repressed memory. In that hearing Shanley’s trial lawyer offered nothing that would have enlightened the judge, not a single witness or study to rebut the prosecution’s so-called expert witness. He merely huffed and puffed cross-examining Brown, and himself called up Chu—just to clarify a few matters. The high court decided that extended cross-examination, however ignorant, was enough to provide Neel with the full scope of the debate on the reliability and general scientific acceptance of repressed memory.

Truth be told, Neel had punted the memory question to the jury. The jury had punted it back, relying on the wisdom of judge, prosecution and its trial expert, Chu. The high court merely punted again, saying there’s no reason to believe that a fuller presentation of the research and opinion of the scientific community would have changed anyone’s mind. Perhaps that is an accurate reading of Massachusetts temperament. The long knives were drawn for Shanley by everyone, including the shameful remnant of the gay movement, immune to fact or reason.

But the high court’s job is not to hew to popular prejudice. Its members can’t simply say, “Look, no one wanted to free the faggot, and neither do we.” So it made a charade of ruling, mischaracterizing the appellate argument for its own ends.

It discussed the issue of repressed memory almost entirely with reference to the evidence at the pretrial hearing, as if the judge’s action there were the focus of the appeal. It stated that Shaw challenged repressed memory on grounds that there is no peer-reviewed literature and that scientific study is not possible. Those “arguments” appear nowhere in his submissions. In fact, the material before the court emphasized methodologically sound prospective studies that contradict the notion of repressed memory, and in an affidavit Dr. Harrison Pope, an internationally recognized psychiatrist, scholar and expert on research methodology, spelled out a valid method for testing agreed upon by the scientific community.

The court accepted at face value Daniel Brown’s claims for the eighty-five studies he brandished to support his opinions. It accepted patient self-diagnosis and therapists’ reports, upon which Chu had relied, as scientific evidence of how the brain works. It did not trouble itself to grapple with Pope’s affidavit, which analyzed in scrupulous detail the body of studies upon which Brown had relied: the flawed research (without controls or error rates, with faulty methodology, with subjects who report abuse in infancy and therefore would not remember because of normal infantile amnesia, with subjects who suffered brain injury along with trauma, etc.), or flawed conclusions from studies. It ignored the record of chicanery piled up by the authors of some of those studies, as spelled out in Chris Barden’s scathing affidavit, as well as the recent history of other court rulings rejecting Brown’s testimony.

In fact, the court offered no analysis whatsoever of the impressive documentary material that Shaw provided, none of which had been available to the trial court. “In sum”, it ruled, “the judge's [Neel’s] finding that the lack of scientific testing did not make unreliable the theory that an individual may experience dissociative amnesia was supported in the record” that had been placed before him.

Who are we to “second guess the judge or reach a different conclusion”,  the justices postured in a footnote right near the end, and then, as if aware of their titanic bad faith, added in that same footnote:

The defendant does not challenge on appeal the sufficiency of the evidence. We do not consider whether there could be circumstances where testimony based on the repressed or recovered memory of a victim, standing alone, would not be sufficient as a matter of law to support a conviction.

 

As Robert Shaw told me later,

"Whether one calls it a question of 'sufficiency of the evidence' or a question of validity and reliability, as we argued, where repressed memory is at issue we are dealing with the same question, directed at the very nature of the evidence. 

"If the Court harbors a concern that repressed memory evidence might not in itself be 'sufficient as a matter of law' to sustain a conviction, then we believe that Paul Shanley deserves the benefit of a ruling addressing that concern.

"If the Court were to conclude that repressed memory evidence is not 'sufficient as a matter of law,' then Paul Shanley is entitled to understand how the evidence is nonetheless valid and reliable enough to be admitted in his case. Moreover, sexual abuse cases are regularly tried in the Commonwealth where the only evidence is the testimony of the accuser concerning the accuser’s memories of the alleged crimes.

"That is precisely why the relevant question was not framed as one of 'legal sufficiency' in the classic sense, but whether repressed memory evidence is valid, reliable and admissible. If it is valid, reliable and admissible, then the question of legal sufficiency is resolved. 

"If it is not valid, reliable or admissible, or, as implied in footnote 26, is not sufficient in itself to support a conviction, then the judgments in this case cannot stand."

 

 

Back in 2002 virtually the entire media swallowed the story of Shanley’s monstrosity as presented by personal injury lawyer MacLeish. They then regurgitated it back to a gullible  and easily lead public. Political ideology offered no buffer from this dangerous nonsense, as so-called leftists abandoned any interest in justice or reason, blinkered simply by disdain for religion and the Catholic Church. Homophobes and the homosexual establishment were as one against Shanley, repeating MacLeish’s lie that he was a founder of NAMBLA, that he had a long history of documented sexual abuse, that he had been moved from parish to parish because of this, that because he’d had sex with young men he must be a child rapist. The Boston Globe, a disgraceful paper that, like Martha Coakley, deserves every blow it has recently suffered and would best disappear from the scene, didn’t care that its reporters either never reviewed the entire documentary record about Shanley or willfully misrepresented it.

In late 2004, shortly before his trial the next year, Coakley’s office offered Shanley a deal: plead guilty to one minor charge and receive sentence of time served, plus two and a half years’ house arrest. Shanley declined. “I’m 74 years old”, he told me from prison after he was convicted; “why would I take a deal?” But “can you imagine”, he added, “here I am, the worst monster, a danger to children everywhere, and they offer me time served? Seven months [the time he’d spent in jail awaiting bail]. But for refusing to lie, I got twelve to fifteen years.”

Still, Shanley hoped that if only people had the information… Now the Supreme Judicial Court joins the rest of the Massachusetts rogues’ gallery, demonstrating again that, in a match-up against prejudice, the truth will not necessarily set you free.

JoAnn Wypijewski has been reporting on the Shanley case since 2002, writing about it for Legal Affairs as well as The Nation and CounterPunch. She can be reached at jwyp@earthlink.net.

 

Now Available from CounterPunch Books!

Yellowstone Drift:
Floating the Past
in Real Time

by John Holt
Introduction by Doug Peacock


Click here to Buy!

Born Under a Bad Sky:
Notes from the Dark Side

of the Earth
By Jeffrey St. Clair


2010 Country Mamas of Petrolia
Calendar Now Available!

Waiting for Lightning
to Strike:
The Fundamentals

of Black Politics
Kevin Alexander Gray

Click Here to Buy!

 

"The Case Against Israel"
Michael Neumann's Devastating Rebuttal of Alan Dershowitz

Click Here to Buy!

RED STATE REBELS:
Tales of Grassroots Resistance from the Heartland

Edited by
Jeffrey St. Clair
and Joshua Frank


How the Press Led
the US into War


Buy End Times Now!
The Secret Language
of the Crossroads:
HOW THE IRISH
INVENTED SLANG
By Daniel Cassidy
WINNER OF THE
AMERICAN BOOK AWARD!


Click Here to Buy!

The Inside Story of the Shannon Five's Smashing Victory Over the
Bush War Machine

By Harry Browne


Saul Landau's Bush and Botox World with a Foreword by Gore Vidal

Click Here to Order!
 
Grand Theft Pentagon
How They Made a Killing on the War on Terrorism

Spell Albuquerque:
Memoir of a
"Difficult Student"

By Tennessee Reed

 

 
 

"Powerful and shocking ..
see this film"
-- Joseph Stiglitz on American Casino

 

 

 
 

 

 


The Occupation
by Patrick Cockburn

 
 

Humanitarian Imperialism
By Jean Bricmont
 

 
 

CITY BEAUTIFUL
By Tennessee Reed