Published: Tuesday 25 December 2012
If the courts fail us, a gulag state will be cemented into place.

 

Over the past year I and other plaintiffs including Noam Chomsky and Daniel Ellsberg have pressed a lawsuit in the federal courts to nullify Section 1021(b)(2) of the National Defense Authorization Act (NDAA). This egregious section, which permits the government to use the military to detain U.S. citizens, strip them of due process and hold them indefinitely in military detention centers, could have been easily fixed by Congress. The Senate and House had the opportunity this month to include in the 2013 version of the NDAA an unequivocal statement that all U.S. citizens would be exempt from 1021(b)(2), leaving the section to apply only to foreigners. But restoring due process for citizens was something the Republicans and the Democrats, along with the White House, refused to do. The fate of some of our most basic and important rights—ones enshrined in the Bill of Rights as well as the Fourth and Fifth amendments of the Constitution—will be decided in the next few months in the courts. If the courts fail us, a gulag state will be cemented into place. 

Sens. Dianne Feinstein, D-Calif., and Mike Lee, R-Utah, pushed through the Senate an amendment to the 2013 version of the NDAA. The amendment, although deeply flawed, at least made a symbolic attempt to restore the right to due process and trial by jury. A House-Senate conference committee led by Sen. John McCain, R-Ariz., however, removed the amendment from the bill last week.

“I was saddened and disappointed that we could not take a step forward to ensure at the very least American citizens and legal residents could not be held in detention ...

Published: Monday 29 October 2012
You can blame it all on greed: the refusal to do anything about climate change, the attempts by the .01% to destroy our democracy, the constant robbing of the poor, the resultant starving children, the war against most of what is beautiful on this Earth.

 

In ancient China, the arrival of a new dynasty was accompanied by “the rectification of names,” a ceremony in which the sloppiness and erosion of meaning that had taken place under the previous dynasty were cleared up and language and its subjects correlated again. It was like a debt jubilee, only for meaning rather than money.

This was part of what made Barack Obama’s first presidential campaign so electrifying: he seemed like a man who spoke our language and called many if not all things by their true names. Whatever caused that season of clarity, once elected, Obama promptly sank into the stale, muffled, parallel-universe language wielded by most politicians, and has remained there ever since. Meanwhile, the far right has gotten as far as it has by mislabeling just about everything in our world -- a phenomenon which went supernova in this year of “legitimate rape,” “the apology tour,” and “job creators.”  Meanwhile, their fantasy version of economics keeps getting more fantastic. (Maybe there should be a rectification of numbers, too.)  

Let’s rectify some names ourselves. We often speak as though the source of so many of our problems is complex and even mysterious. I'm not sure it is. You can blame it all on greed: the refusal to do anything about climate change, the attempts by the .01% to destroy our democracy, the constant robbing of the poor, the resultant starving children, the war against most of what is beautiful on this Earth.

Calling lies "lies" and theft "theft" and violence "violence," loudly, clearly, and consistently, until truth becomes more than a bump in the road, is a powerful aspect of political activism. Much of the work around human rights begins with accurately and aggressively reframing the status quo as an outrage, whether it’s misogyny or racism or ...

Published: Tuesday 18 September 2012
The government has now lost four times in a litigation that has gone on almost nine months.

 

In January I sued President Barack Obama over Section 1021(b)(2) of the National Defense Authorization Act (NDAA), which authorized the military to detain U.S. citizens indefinitely, strip them of due process and hold them in military facilities, including offshore penal colonies. Last week, round one in the battle to strike down the onerous provision, one that saw me joined by six other plaintiffs including Noam Chomsky and Daniel Ellsberg, ended in an unqualified victory for the public. U.S. District Judge Katherine Forrest, who accepted every one of our challenges to the law, made her temporary injunction of the section permanent. In short, she declared the law unconstitutional.

Almost immediately after Judge Forrest ruled, the Obama administration challenged the decision. Government prosecutors called the opinion “unprecedented” and said that “the government has compelling arguments that it should be reversed.” The government added that it was an “extraordinary injunction of worldwide scope.” Government lawyers asked late Friday for an immediate stay of Forrest’s ban on the use of the military in domestic policing and on the empowering of the government to strip U.S. citizens of due process. The request for a stay was an attempt by the government to get the judge, pending appeal to a higher court, to grant it the right to continue to use the law. Forrest swiftly rejected the stay, setting in motion a fast-paced appeal to the 2nd U.S. Circuit Court of Appeals and possibly, if her ruling is upheld there, to the Supreme Court of the United States. The ...

Published: Tuesday 13 March 2012
“The Supreme Court has yet to hear a case involving the Espionage Act. But one of these six cases will probably soon reach the court.”

Totalitarian systems disempower an unsuspecting population by gradually making legal what was once illegal. They incrementally corrupt and distort law to exclusively serve the goals of the inner sanctums of power and strip protection from the citizen. Law soon becomes the primary tool to advance the crimes of the elite and punish those who tell the truth. The state saturates the airwaves with official propaganda to replace news. Fear, and finally terror, creates an intellectual and moral void.

We have very little space left to maneuver. The iron doors of the corporate state are slamming shut. And a conviction of Bradley Manning, or any of the five others charged by the Obama administration under the Espionage Act of 1917 with passing government secrets to the press, would effectively terminate public knowledge of the internal workings of the corporate state. What we live under cannot be called democracy. What we will live under if the Supreme Court upholds the use of the Espionage Act to punish those who expose war crimes and state lies will be a species of corporate fascism. And this closed society is, perhaps, only a few weeks or months away.

Few other Americans are as acutely aware of our descent into corporate totalitarianism as Daniel Ellsberg, who leaked the Pentagon Papers in 1971 to The New York Times and is one of Manning’s most ardent and vocal defenders. Ellsberg, who was charged under the Espionage Act, faced 12 felony counts and a possible sentence of 115 years. He says that if he provided the Pentagon Papers today to news organizations, he would most likely never see his case dismissed on grounds of government misconduct against him as it was in 1973. The government tactics employed to discredit Ellsberg, which included burglarizing his psychoanalyst’s office and illegal wiretaps, were subjects of the impeachment hearings against President ...

Published: Thursday 8 March 2012
“Ellsberg has been arrested close to one hundred times for civil resistance actions in the U.S, and when he shows up for an action it must be for a serious reason.”

In the wee hours of Saturday, February 25th, nuclear expert (and Pentagon Papers whistleblower) Daniel Ellsberg, along with David Krieger, President of the Nuclear Age Peace Foundation (NAPF), Cindy Sheehan, Fr. Louis Vitale, four members of CodePink, and six other concerned citizens, were all arrested for trespassing on military property while conducting an act of civil disobedience at the Vandenberg Air Force Base in Lompoc, California.

They were protesting the test launch of the first [of five tests slated for 2012] of the Minuteman III InterContinental Ballistic Missile (ICBM). This specific launch was targeted to the Kwajalein Atoll in the Marshall Islands, and hours after the arrests of Ellsberg, et al, the launching of the nuclear-capable dummy missile was conducted at 2:46 a.m. Thirty minutes later it had traveled the 4,200 miles to reach the target in the Marshall Islands.

According to a video posted on YouTube of the protest, Ellsberg stated outside the military base to approximately 100 supporters, including representatives of the coastal Chumash Tribe, and the Women's International League of Peace and Freedom (WILPF) that, "What we have here is a vulnerable missile that is designed for only one thing: to catch land-based missiles before they leave the ground, and it has to get off the ground here before any Russian missiles get here.

"So the existence of these weapons, in this country, compels virtually both sides to be on a High Alert status, prepared to go off on what might be a false alarm ... The risks of having nuclear accidents are outrageous, and it is inexcusable that these weapons continue to exist."

Currently, in military bases located in Montana, Wyoming, and North Dakota, there are 450 of these specific ICBMs on alert in the U.S.

According to the Santa Barbara Independent, while Ellsberg was being arrested, war ...

Published: Saturday 25 February 2012
“Human rights’ advocates rightly point out that solitary confinement is designed to break down people mentally. Because of that, prolonged solitary confinement is internationally recognized as a form of torture.”

Today US Army Private Bradley Manning is to be formally charged with numerous crimes at Fort Meade, Maryland.   Manning, who was nominated for the Nobel Peace Prize by members of the Icelandic Parliament, is charged with releasing hundreds of thousands of documents exposing secrets of the US government to the whistleblower website Wikileaks. These documents exposed lies, corruption and crimes by the US and other countries.  The Bradley Manning defense team points out accurately that much of what was published by Wikileaks was either not actually secret or should not have been secret.

The Manning prosecution is a tragic miscarriage of justice.  US officials are highly embarrassed by what Manning exposed and are shooting the messenger.  As Glen Greenwald, the terrific Salon writer, has observed, President Obama has prosecuted more whistleblowers for espionage than all other presidents combined.

One of the most outrageous parts of the treatment of Bradley Manning is that the US kept him in illegal and torturous solitary confinement conditions for months at the Quantico Marine base in Virginia.  Keeping Manning in solitary confinement sparked challenges from many groups including Amnesty International, Human Rights Watch, the Center for Constitutional Rights, the ACLU and the New York Times. 

Human rights’ advocates rightly point out that solitary confinement is designed to break down people mentally.  Because of that, prolonged solitary confinement is internationally recognized as a form of torture.  The conditions and practices of isolation are in violation of the Universal Declaration of Human Rights, the UN Convention against Torture, and the UN Convention on the Elimination of all forms of Discrimination.

Medical experts say that after 60 days in solidary peoples’ mental state begins to break down.  That means a person will start to experience panic, anxiety, confusion, ...

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