The analysis in the following paper was written by Stewart Rhodes while at Yale Law School and was the winner of Yale’s Judge William E. Miller Prize for best paper on the Bill of Rights. Rhodes is the founder of Oath Keepers which on Christmas Day announced its participation in a bi-partisan drive to recall all three of Montana's congressional delegation for "violation of the oath of office," by voting for the blatantly unconstitutional NDAA National Defense Authorization Act, which allows the indefinite military detention of American citizens without charge or trial. Violation of the oath is one of the five narrow and specific grounds on which a recall in MT may be initiated.
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The unclassified Zelikow torture memo as evidence of crimes
By Michael Collins

"My colleagues were entitled to ignore my views," he [Zelikow] continued. "They did more than that: The [2006] White House attempted to collect and destroy all copies of my memo. I expect that one or two are still at least in the State Department's archives." Phillip D. Zelikow, State Department Counselor, 2005-2007, to Congress, May 13, 2009
Former legal counsel to the Department of State, Phillip Zelikow, produced a convincing and elegant argument for the immediate cessation of anything that looked like torture in February 2006. The government declassified the memo last week and National Security Archive released it on April 3.
The failure to follow Zelikow's clear statement of the law, withholding the memo without justification, and the failure to prosecute those responsible for the previous acts represent evidence of crimes.
Hi-Ho! The US is a Police State
By Dave Lindorff
Back in the early 1980s, I had the extraordinary good fortune to get to meet one of my literary heroes, Kurt Vonnegut, up close and personal. We shared a police wagon, sitting next to each other for a ride to the station to be booked for blocking the door to the South African consulate in a demonstration against that country’s then policy of white rule and apartheid.
I can’t say I got to know the author very well, but he was quite friendly and interesting to talk to, and after our arrest and booking was over, and we were released, I shared a cab as far as his house.
The Trayvon Blues
By John Grant
Founded and preserved by acts of aggression, characterized by a continuing tradition of self-righteous violence against suspected subversion and by a vigorous sense of personal freedom, usually involving the widespread possession of firearms, the United States has evidenced a unique tolerance for homicide.
-David Brion Davis
Homicide in American Fiction 1798-1860
The Trayvon Martin story is not going to go away. It was a narrative event waiting to happen, and the story only gets richer with meaning as time goes on. There are the obvious racial aspects, but the most important elements are about police power versus citizen power -- and who can get away with shooting whom?
Extorting Alums: Colleges Withhold Transcripts from Grads in Loan Default
By Dave Lindorff
(This article originally appeared in The Nation online, where it can be read in full)
Books Banned in Arizona - Latinos Fighting Thought Control
By Michael Collins
Bad things are happening in Arizona … again. Good things too!
The extremist Arizona legislature enacted a law that just recently caused the banning of nearly 100 books from Tucson public schools. The list includes prominent Latino authors, plus Shakespeare, Thoreau, and James Baldwin. They even banned Zorro!
The real goal was to totally dismantle the Tucson school district's Mexican American Studies program. Mission accomplished. The program is gone. Not a class survived.
White Sheets Surround Florida Teen's Slaying
By Linn Washington, Jr.
In March 1799 authorities in North Carolina found no fault in a teen fatally shooting a black man after confronting that man about his being on a public road.
Pitfalls in Judges Judging Judges (Not)
By Linn Washington, Jr.
Richard Cebull, the chief federal district court judge in Montana, went into damage control mode recently after newspaper reporters in his state discovered a racist and sexist email Cebull had sent to six close friends insinuating that President Obama’s mother had had sex with a dog.
The Witch-Burners are Alive and Sick in Kansas: Stand Up for Dr. Kristin Neuhaus against the Kansas Theocracy's Anti-Abortion Ji
By Dave Lindorff
A few hundred years ago in colonial Massachusetts, the theocratic fascist men who ran that society had a way of dealing with free-thinking women in their midst: they burned them at the stake or drummed up hordes of frightened and unthinking neighbors to stone them to death.
Most of us today imagine that if we had lived in those dark times, we would have stood up against such an outrage. Now is the time to find out.
'But That Would Be Torture!'
By Dave Lindorff
I just received an object lesson into how easily we Americans are able to compartmentalize our principles and our sense of basic human decency.
My father, David Lindorff Sr., who is 89 (and an occasional contributor to ThisCantBeHappening!), recently took a bad fall, hitting the back of his head on the bedpost and suffering a concussion that has temporarily left him with some periods of confusion. In the rehab facility where he was recovering, he would sometimes, when he was tired and half-asleep, get confused about his location, and would try to climb out of the hospital bed he was in, putting him at risk of another serious fall.
Virginia is for Misogynists
By Michael Collins
The Virginia legislature is about to enact a law that requires a transvaginal ultrasound procedure for all women who have abortions (except in the case of a medical emergency). Apparently, the legislators are unaware that the law violates existing sexual assault code or that Virginians oppose the law by a wide margin.
Here's the procedure.
"You will lie down on a table with your knees bent and feet in holders called stirrups. The health care provider will place a probe, called a transducer, into the vagina. The probe is covered with a condom and a gel. … The health care provider will move the probe within the area to see the pelvic organs." Medline Plus
This isn't an option. It's a requirement for an abortion in the Commonwealth of Virginia. The law is clear:
The US and Its Dark Passenger
By John Grant
I could have been a vicious raving monster who killed and killed and left towers of rotting flesh in my wake. Instead, here I was on the side of truth, justice and the American way. Still a monster, of course, but I cleaned up nicely afterward, and I was OUR monster, dressed in red, white and blue 100 percent synthetic virtue.
-Jeff Lindsay
Dearly Devoted Dexter
I teach creative writing in a maximum security prison in Philadelphia. During the week I scour two thrift shops for 35-cent paperbacks that I haul in to stock a small lending library I created for inmates. Amazingly, the prison had no library.
Burying Black History Month: Graffiti Defacing America's Vaunted Wall of Greatness?
By Linn Washington, Jr.
Ask journalists across America what is the seminal U.S. Supreme Court decision upholding the First Amendment’s press freedom right and most with even a minimal knowledge of First Amendment history will quickly answer New York Times vs. Sullivan.
However, few journalists are aware that the Supreme Court decision significantly reinforcing their press freedom protections arose from the Civil Rights Movement, and in an action involving iconic activist Dr. Martin Luther King.
The 1964 New York Times vs. Sullivan decision is one of a number of U.S. Supreme Court rulings in the Twentieth Century where struggles by African-Americans to obtain long-denied constitutional rights succeeded in expanding constitutional protections for all Americans.
Mumia: The Picture!
By Dave Lindorff
Something very small and yet enormous happened this past week.
On Feb. 2, two women who have been fighting for the freedom of Mumia Abu-Jamal, filmmaker/professor Johanna Fernandez and National Lawyers Guild Heidi Boghosian, executive director of the National Lawyers Guild, visited Abu-Jamal, as each has done in the past, but this time, because he has been moved off of death row, for the first time since 1995, he was able to greet them with a hug--free of leg shackles and handcuffs.
For the first time too, since 1995, there is a photo to record that seemingly mundane and ordinary event.
'People Power' Pries Abu-Jamal from Punitive Administrative Custody
By Linn Washington, Jr.
He’s out!
Credit ‘people power’ for getting internationally known inmate Mumia Abu-Jamal sprung from his apparently punitive, seven-week placement in ‘The Hole.’
For the first time since receiving a controversial death sentence in 1982 for killing a Philadelphia policeman, the widely acclaimed author-activist finds himself in general population, a prison housing status far less restrictive than the solitary confinement of death row.
Inmates in general population have full privileges to visitation, telephone and commissary, along with access to all prison programs and services, all things denied or severely limited to convicts on death row waiting to be killed by the state.
Correction: Rare Admission of Mistake in Mumia Case
By Linn Washington, Jr.
I made a mistake.
An article I wrote recently for TCBH about the Pennsylvania prison system’s latest punitive assault on now ex-death row inmate Mumia Abu-Jamal (unnecessarily continuing his solitary confinement) contained a factual misstatement.
Most journalists consider any inaccuracy an error, regardless of how small.
The Code of Ethics of the Society of Professional Journalists calls for admitting “mistakes” and correcting them promptly.
Please Call for the Closure of Guantanamo By Signing the White House Petition
It’s three years since President Obama promised to close Guantánamo.
Remind President Obama of his promise. Sign the petition on the White House’s “We the People” website urging him to honor his promise. 25,000 signatures are needed by February 6 to secure a response, so please sign up, and please spread the word.
What happened to President Obama’s bold promise?
Three years ago, on January 22, 2009, President Obama issued an executive order promising to close the prison at Guantánamo Bay within a year, but he did not move swiftly to implement his promise, and Congress then stepped in with onerous restrictions on the release of prisoners or their transfer to the US mainland for any reason, even to be tried or imprisoned.
Instead of being closed, Guantánamo still holds 171 men, even though 89 of these men were cleared for release more than two years ago by the interagency Guantánamo Review Task Force (PDF), which was established by the President after taking office.
US Media Iraq Reporting: See No Evil
By Dave Lindorff
The Iraq war may be over, at least for US troops, but the cover-up of the atrocities committed there by American forces goes on, even in retrospectives about the war. A prime example is reporting on the destroyed city of Fallujah, where some of the heaviest fighting of the war took place.
On March 31, 2004, four armed mercenaries working for the firm then known as Blackwater (now Xe), were captured in Fallujah, Iraq’s third largest city and a hotbed of insurgent strength located in Anbar Province about 40 miles west of Baghdad. Reportedly killed in their vehicle, which was then torched, their charred bodies were strung up on a bridge over the Euphrates River.
N.C. Human Rights Group Report on Torture Flights
19 January 2012 - A North Carolina human rights group is calling on state officials to investigate and stop alleged CIA missions originating in Johnston County that involve illegal torture.
North Carolina Stop Torture Now delivered a University of North Carolina School of Law report Wednesday to the governor, attorney general and others that claims the Central Intelligence Agency relies on Smithfield-based Aero Contractors Ltd. to provide planes and pilots to transport prisoners overseas from the Johnston County Airport for secret interrogation using torture techniques.
Sadism in the Cell: Thanks to a Vindictive Prison System, Abu-Jamal is Still in 'The Hole'
By Linn Washington, Jr.
Those intent on tormenting now ex-death-row inmate Mumia Abu-Jamal have done it again, this time perhaps even exceeding their past efforts to painfully harass this man widely perceived as a political prisoner.
The Republicans' Rancid and All-Too-American Dance With Racism
By Linn Washington, Jr.
As the racist rhetoric oozes from Republican presidential candidates, why are comments contained in Ron Paul newsletters from the 1980s and 1990s being widely considered more offensive than current bigoted banter uttered by Newt Gingrich and Rick Santorum?
One answer to that question is a politics where partisan criticisms are directed at crippling certain candidates feared as rising stars.
Thus when Congressman Paul began percolating up in the Iowa Caucus polls late last year, news of his caustic comments in those decades-old newsletters became headline news coverage.
Haley Barbour and the Culture of Death
By Michael Collins
"After issuing just eight pardons in his first seven years, Barbour pardoned 208 convicts, 41 of them murderers, sex offenders or child molesters, during his last 48 hours in office." Time Jan 13
It's a big day for murderers in Mississippi, sex offenders and child molesters too! Just before leaving office, Republican Governor Haley Barbour pardoned 208 convicts in a stunning act of candor and honesty in behalf of the party and system he has served so well. (Image)
Tired of the same old script featuring religious values and law and order year in and year out by politicians you just know are lying? Your search for honesty is over. Haley Barbour is the poster boy for the culture of death that pervades the political leadership.
Why would Barbour do such a thing? In his own words, he told us: "I have no question in my mind that these men have repented, have been redeemed, have come back hard working to prepare themselves to go out into the world…" CNN Jan 13
Go out in the world and do what? Murder, maim, commit sexual assaults against children and adults?
Andy Worthington on Guantanamo
Andy Worthington, who is now in the U.S., traveling and speaking about the cases of the men held at the world's most notorious symbol of unjust imprisonment and torture, wrote several days ago:
Killer Cops Aren't Heroes: We Need Police Who Think Like Firefighters, Not Like Soldiers in a War Zone
By Dave Lindorff
The sad slaying of troubled eighth-grader Jaime Gonzalez in Brownsville by trigger-happy local police illustrates the sad an dangerous state we have arrived at as we turn our local police forces into SWAT team soldiers up-armed with assault rifles, black facemasks and stun grenades.
The reason Gonzalez, who had no hostages and was just armed with a pellet gun, was killed by police bullets was because the primary concern of the officers confronting him was to eliminate the threat to themselves, not to rescue a troubled kid.
Killing Kids is So American
By Dave Lindorff
According to news reports, 15-year-old eighth-grader Jaime Gonzalez, who was shot and killed yesterday by police in his middle school in Brownsville, TX, was hit three times: twice in the chest and once “from the back of the head.”
Police say they were called by school authorities because Gonzalez was carrying a gun, which turned out to be a realistic-looking pellet gun, a weapon that uses compressed air to fire a metal pellet which, while perhaps a threat to the eye, does not pose a serious threat to life.
Selective Sympathy: War’s Mayhem and Murder is Somehow Less Hard to Bear than the Humane Termination of an Injured Animal
By Dave Lindorff
The officer rested his arm holding the stock of the assault rifle on the top of a log pile, and aimed directly between the target’s eyes. She was looking directly at him, unblinking, from 30 feet away, and exhibited no fear. “I hate doing this,” he muttered, before finally pulling the trigger.
A sharp “bang!” rang out, her head jerked up and then her whole body sagged to the ground, followed by some muscle jerks, and it was over.
The officer went over and checked the body, decided no second shot was needed to finish the job, and then walked back to his squad car, took out his phone, and called in the serial number of his rifle, reporting his firing of one round, as required by regulations.
Better than Obama: Why the Establishment is Terrified of Ron Paul
By Dave Lindorff
It’s fascinating to watch the long knives coming out for Texas Republican Rep. Ron Paul, now that according to some mainstream polls he has become the front-running candidate in the Jan. 3 GOP caucus race in Iowa, and perhaps also in the first primary campaign in New Hampshire.
European Fail: Extraordinary Rendition Flights
19 December 2011 - Almost two-thirds of countries asked by human rights groups about their involvement in extraordinary rendition flights have failed to comply with freedom of information requests – with European nations in particular accused of withholding evidence of the controversial CIA programme.
Legal action charity Reprieve and open government pressure group Access Info Europe made a total of 67 requests for flight data relating to the years 2002 through to 2006.
Supporters Give Bradley Manning a Hero’s Tribute Outside Fort Meade
By John Grant
Ft. Meade -- Saturday, December 17th was Bradley Manning’s 24th birthday, and at least 300 supporters gathered outside Fort Meade, Maryland, where the military was in its second day of a preliminary hearing process that’s expected to take about a week. Manning worked in military intelligence and is alleged to have released military secrets to WikiLeaks, which released the material publicly.
Transcripts of Haditha Massacre in Junkyard in Baghdad
December 14, 2011 - One by one, the Marines sat down, swore to tell the truth and began to give secret interviews discussing one of the most horrific episodes of America’s time in Iraq: the 2005 massacre by Marines of Iraqi civilians in the town of Haditha.
“I mean, whether it’s a result of our action or other action, you know, discovering 20 bodies, throats slit, 20 bodies, you know, beheaded, 20 bodies here, 20 bodies there,” Col. Thomas Cariker, a commander in Anbar Province at the time, told investigators as he described the chaos of Iraq.

19 January 2012 - A North Carolina human rights group is calling on state officials to investigate and stop alleged CIA missions originating in Johnston County that involve illegal torture.

December 14, 2011 - One by one, the Marines sat down, swore to tell the truth and began to give secret interviews discussing one of the most horrific episodes of America’s time in Iraq: the 2005 massacre by Marines of Iraqi civilians in the town of Haditha.








