blog

August 7, 2022

Biden’s Assassination of al-Qaeda Leader Ayman al-Zawahiri Was Illegal

President Joe Biden’s assassination of al-Qaeda leader Ayman al-Zawahiri in Afghanistan was illegal under both U.S. and international law. After the CIA drone strike killed Zawahiri on August 2, Biden declared, “People around the world no longer need to fear the vicious and determined killer.” What we should fear instead is the dangerous precedent set by Biden’s unlawful extrajudicial execution.

In addition to being illegal, the killing of Zawahiri also occurred in a moment when the United Nations had already determined that people in the U.S. had little to fear from him. As a United Nations report released in July concluded, “Al Qaeda is not viewed as posing an immediate international threat from its safe haven in Afghanistan because it lacks an external operational capability and does not currently wish to cause the Taliban international difficulty or embarrassment.”

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July 26, 2022

January 6 Committee Has Provided Sufficient Evidence for Garland to Indict Trump

More than two years after Donald Trump orchestrated a massive criminal conspiracy to overturn the results of the 2020 presidential election, including directing an armed and violent mob to attack the U.S. Capitol, Attorney General Merrick Garland’s Department of Justice (DOJ) has still not indicted the former president.

The House of Representatives Select Committee to Investigate the January 6 Attack on the U.S. Capitol (“Select Committee”) presented overwhelming evidence — nearly all from Trump loyalists — that Trump committed at least two federal crimes, as well as criminal offenses in the state of Georgia. Although the Select Committee has no power to bring charges against Trump, it can make a criminal referral. The decision to prosecute, however, rests solely with the DOJ.

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July 17, 2022

Palestinians Face Forced Expulsions as Biden Pledges Allegiance to Israel

President Joe Biden’s much-heralded visit to Jerusalem has confirmed that the United States remains Israel’s enabler-in-chief. Biden promised to continue providing Israel with $3.8 billion in annual military aid (more than the U.S. gives any other country) to maintain the illegal Israeli occupation of Palestinian territory.

Pledging to “stand with the Jewish and democratic State of Israel,” Biden ignored the exclusion of the Palestinian people from Israel’s “democracy,” which extends only to Jewish people. Palestinians do not enjoy the same democratic rights as Jews. As Amnesty International, Human Rights Watch and the Israeli human rights group B’Tselem recently affirmed, Israel is an apartheid state.

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July 3, 2022

SCOTUS EPA Ruling Signals Court Will Strike Down Rules Limiting Corporate Profit

On the last day of its term, the Supreme Court handed down a case no less impactful than its shameful ruling a week earlier that overturned Roe v. Wade. In West Virginia v. EPA, the court’s right-wing members confirmed they are in the pockets of the fossil fuel companies. The 6-3 majority sided with coal companies and Republican-led states to restrain the Environmental Protection Agency’s (EPA) power to regulate carbon emissions.

“Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,’” Chief Justice John Roberts wrote on behalf of himself, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. But “it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme.”

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June 29, 2022

Self-Determination Has Been Wrenched Away From Half the US Population

For the first time in U.S. history, the Supreme Court has retracted a fundamental constitutional right. “We hold that Roe and Casey must be overruled,” Samuel Alito wrote for the majority of five right-wing zealots on the court in Dobbs v. Jackson Women’s Health Organization. They held that “procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s text or in our Nation’s history.”

Since the day Roe v. Wade was decided nearly 50 years ago, its opponents have executed a methodical campaign to overturn it. There is no reason, in fact or in law, to erase the constitutional right to abortion. The Constitution still protects abortion, and there have been no factual changes since 1973 that would support abolishing it. The only thing that has changed is the composition of the court. It is now packed with radical Christian fanatics who have no qualms about imposing their religious beliefs on the bodies of women and trans people, notwithstanding the Constitution’s unequivocal separation of church and state.

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June 23, 2022

Julian Assange Is Enduring Unbearable Persecution for Exposing US War Crimes

Ever since U.K. Home Secretary Priti Patel formally ordered the extradition of WikiLeaks founder Julian Assange to the U.S. last week, press freedom advocates around the world have been mobilizing.

Assange Defense, on whose advisory board I serve, is organizing a national and international campaign to pressure U.S. Attorney General Merrick Garland and President Joe Biden to drop the extradition request and dismiss the charges against Assange. The stakes could not be higher.

The charges, which include 17 counts under the infamous Espionage Act, could result in 175 years in prison for the journalist who exposed U.S. war crimes.

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June 15, 2022

Torture Memo Lawyer John Yoo Devises Theory for Stealing Presidential Elections

John Yoo has teamed up with Robert Delahunty, his coauthor of some of the infamous torture memos during the George W. Bush administration, to devise a blueprint for the vice president to decide the outcome of presidential elections. This legal theory will be published in a forthcoming 82-page law review article in the Case Western Reserve Law Review.

In their article, the two radical right-wing law professors do not say that former Vice President Mike Pence should have refused to count the Electoral College votes and handed the 2020 election to Donald Trump. That is because no state had submitted competing slates of electors — for example, one slate from a Democratic governor for Joe Biden and another slate from a Republican legislature for Trump. If states had tendered more than one slate of electors, Yoo and Delahunty argue that Pence could have decided which slate to count.

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June 14, 2022

Big Money Defeats Progressive San Francisco Prosecutor Chesa Boudin

By Michael Steven Smith and Marjorie Cohn

Progressive prosecutor Chesa Boudin was elected 2-1/2 years ago by the people of San Francisco to be their district attorney. He promised “radical change to how we envision justice.” Chesa fulfilled his campaign promises by enacting programs and policies that would take on the phenomena of mass incarceration. The United States holds more people in prison (2.3 million) and more people in the criminal legal system (6 million on probation or parole) than any other country in the world.

Chesa enacted the policies he advocated when he ran. He eliminated cash bail which favors the rich and his office exonerated innocent people. He prosecuted white-collar criminals and brutal cops. He tried juveniles as juveniles, not adults. He set up diversion programs inasmuch as two-thirds of the people arrested in San Francisco are either drug addicts or mentally ill or both. He used the money saved to support victims of crimes.

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June 7, 2022

Landmark California Task Force Calls for “Comprehensive Reparations” for Slavery

California is the first state in the U.S. to establish a reparations task force for Black Americans. On June 1, the Task Force to Study and Develop Reparation Proposals for African Americans issued a 500-page document that traces the history of white supremacy from slavery to Jim Crow through the present. It calls for “comprehensive reparations” for Black people harmed by a historical system of state-sanctioned oppression.

“Segregation, racial terror, harmful racist neglect, and other atrocities in nearly every sector of civil society have inflicted harms, which cascade over a lifetime and compound over generations,” the report says.

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June 1, 2022

Right-Wing Supreme Court Tacitly Approved the Execution of Innocent People

In a shameful opinion that broke down along ideological lines, the right-wingers on the Supreme Court ruled 6-3 this month that people who receive ineffective assistance of counsel are not entitled to present new evidence to prove their innocence in federal court. After the decision in Shinn v. Ramirez and Jones — which flies in the face of the court’s recent precedents protecting the Sixth Amendment right to counsel — even people who can demonstrate their innocence could be subjected to the inhumane practice of capital punishment.

“The court’s decision will leave many people who were convicted in violation of the Sixth Amendment to face incarceration or even execution without any meaningful chance to vindicate their right to counsel,” Sonia Sotomayor wrote in dissent, adding that “the court hamstrings the federal courts’ authority to safeguard that right” and “reduces to rubble” many Sixth Amendment constitutional rights.

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