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February 4, 2017

Trump’s Unconstitutional Muslim Ban

On January 27, 2017, President Trump made good on his campaign promise to institute a ban on Muslims entering the US. Trump’s executive order(“EO”) is titled “Protecting the Nation From Foreign Terrorist Entry Into the United States.”

The EO bars nationals from seven Muslim-majority countries from the US for at least 90 days. They include Iraq, Iran, Libya, Syria, Somalia, Yemen, and Sudan. The EO also indefinitely prevents Syrian refugees, even those granted visas, from entering the US. And it suspends the resettlement of all refugees for 120 days.

None of the 9/11 hijackers came from the seven countries covered by the EO; 15 of the 19 men hailed from Saudi Arabia, which is not on the list. No one from the seven listed countries has mounted a fatal terrorist attack in the United States.

Countries exempted from the EO include Saudi Arabia, Pakistan, Egypt, Turkey, Lebanon and the United Arab Emirates — countries where Trump apparently has business ties.Read more

February 3, 2017

Trump’s Choice of Gorsuch Endangers Civil, Human and Environmental Rights

As promised, President Trump has nominated to the Supreme Court a judge in the mold of the late Justice Antonin Scalia. Neil Gorsuch, like Scalia, is an “originalist,” who interprets the Constitution the way he thinks the founders intended and a “textualist,” who favors the plain meaning of statutes and the Constitution.

Gorsuch is a very conservative judge who would likely rubber-stamp much of Trump’s reactionary agenda. At age 49, Gorsuch, who would be the youngest justice on the Court if confirmed, could help shape US jurisprudence for three or four decades.Read more

January 30, 2017

Remembering Legendary People’s Lawyer Len Weinglass

In the great tradition of Clarence Darrow, Charles Garry, Ernest Goodman, William Kunstler, Carol Weiss King, Arthur Kinoy, Constance Baker Motley and Michael Ratner, legendary people’s lawyer Leonard Weinglass defended the poor and disenfranchised who struggled for social justice.

Weinglass is now immortalized in “Len: A Lawyer in History,” a valuable graphic historical work by cartoonist/writer Seth Tobocman. The book features some of Weinglass’ most significant cases, analyzing them in the historical context of the political movements in which they took place.Read more

January 25, 2017

The Injustices of Manning’s Ordeal

After overseeing the aggressive prosecution and near-seven-year incarceration of Army whistleblower Chelsea Manning, President Obama – in one of his last acts in office – commuted all but four months of her remaining sentence but ignored the fact that he had taken no action on the war crimes that Manning revealed.

At his final news conference, Obama explained his reasons for commuting Manning’s record-setting 35-year sentence for leaking classified information to the public. Manning is scheduled to be released on May 17.

“Chelsea Manning has served a tough prison sentence,” Obama said. “It has been my view that given she went to trial; that due process was carried out; that she took responsibility for her crime; that the sentence that she received was very disproportionate relative to what other leakers had received; and that she had served a significant amount of time; that it made sense to commute and not pardon her sentence. … I feel very comfortable that justice has been served.”

But there has been no justice for the Iraqis and Afghans whose unjustified deaths and mistreatment were exposed by the then-22-year-old Army private, known at the time as Bradley Manning. An Army intelligence analyst in Iraq, Manning sent hundreds of thousands of classified files, documents and videos, including the “Collateral Murder” video, the “Iraq War Logs,” the “Afghan War Logs” and State Department cables, to WikiLeaks. Many of the items that she transmitted contained evidence of war crimes.Read more

State-Sanctioned Torture in the Age of Trump

During the presidential campaign, Donald Trump declared he would “immediately” resume waterboarding and would “bring back a hell of a lot worse than waterboarding” because the United States is facing a “barbaric” enemy. He labeled waterboarding a “minor form” of interrogation.

Waterboarding, which involves pouring water into the nose and mouth to make victims feel like they’re drowning, has long been considered torture, which is a war crime under US and international law. Indeed, the United States hung Japanese military leaders for waterboarding as a war crime after World War II.

In late November 2016, Vice President Mike Pence refused to rule out torture in the Trump administration.Read more

January 15, 2017

Smooth-Talking Jeff Sessions Can’t Hide Disturbing Record

Although Jeff Sessions’ confirmation as attorney general of the United States by the GOP-controlled Senate is a foregone conclusion, it is still important to analyze his Senate Judiciary Committee testimony, which shed a troubling light on his positions.

In his responses to the senators’ questions, Sessions loudly protested the idea that he has ever embraced racism, homophobia or sexism. Calling allegations of racism “incredibly painful,” Sessions assured the senators, “I abhor the Klan and all it represents.” However, that has not always been the case. He once joked that he thought the KKK was “OK until I found out that they smoked pot.”

Sessions’ record speaks louder than his testimony.Read more

January 10, 2017

Obama Belatedly Says No To Israel

For the first time in his eight-year presidency, Barack Obama said no to Israel. When the Security Council voted to condemn Israel for building illegal settlements in occupied Palestinian territories, the Obama administration abstained, allowing the resolution to pass.

Resolution 2334 says the settlements have “no legal validity,” calls them “a flagrant violation under international law,” and demands Israel “immediately and completely cease all settlement activities.”

Although 2334 is consistent with prior resolutions of the council, Israeli Prime Minister Benjamin Netanyahu threw a tantrum, calling the US abstention a “declaration of war.” In light of Obama’s unwavering enabling of Israel’s illegal policies, Netanyahu was likely shocked that Obama finally said no.Read more

December 30, 2016

A Year of US Militarism

One of the most alarming developments in US foreign policy in 2016 was the ratcheting up of the new iteration of the Cold War. Looking back at US foreign policy in this last year of Barack Obama’s presidential tenure, other weighty developments include the ongoing proxy war in Syria, the US-supported Saudi-led bombing in Yemen, US use of drones and manned bombers in Libya, US bombing in Iraq and Afghanistan, unprecedented US military aid to Israel, US special operations in Kenya, Ethiopia, Djibouti and Yemen, US saber-rattling against China in the South China Sea, and steps toward normalization of relations with Cuba.

The intensification of Cold War dynamics became particularly apparent in March, when the US government announced it would significantly increase the number of troops stationed in Eastern Europe, a direct provocation of Russia. Reuters called the expanded positioning of NATO troops and military equipment in that region the “biggest military build-up on Russia’s borders since the Cold War.”Read more

December 12, 2016

Don’t Certify Electors and Electoral College Vote Without Full Recount

By Marjorie Cohn and Jeanne Mirer

The American people deserve to know that the outcome of this election is actually valid.

We are tired of hearing the pundits say that the election is over and there is nothing we can do when there are significant questions raised by the recounts that have been going on in Michigan, Wisconsin and Pennsylvania, as well issues raised in a recent lawsuit seeking a recount in Florida.

Hillary Clinton has garnered almost 3 million more popular votes than Donald Trump. The polls and exit polls in Michigan, Wisconsin and Pennsylvania showed Clinton was the winner. The  recount efforts by the Stein campaign have revealed that many votes remained uncounted at the time those three states were called for Trump. These efforts have also raised many concerns about the validity of the outcome even before the CIA reported the intent of the Russians to influence the results of the election. Under these circumstances it is absolutely imperative that there be a full recount and investigation into potential hacking in these states, before the electors are certified and the votes of the Electoral College counted.Read more

December 3, 2016

The Remarkable Legacy of Fidel Castro

When Fidel Castro died on Nov. 25 at the age of 90, we lost one of the most remarkable leaders of the 20th century. No other head of state has so steadfastly stood up to the United States and survived.

In 1959, the Cuban Revolution, led by Castro and Ernesto “Che” Guevara, overthrew the ruthless Fulgencio Batista, who had come to power in a coup d’état. Batista’s government had protected the interests of the wealthy landowners. In order to control the populace, Batista had carried out torture and public executions, killing as many as 20,000 people. During his regime, Batista was supported—financially and militarily—by the United States. Indeed, the U.S. Mafia’s gambling, drug and prostitution operations flourished under Batista’s government.

Led by Castro, the new Cuban government expropriated U.S.-owned property, companies and holdings in Cuba. The United States responded with a punishing economic embargo, which later became a blockade. The CIA attempted unsuccessfully to overthrow the revolution in the disastrous 1961 Bay of Pigs invasion.

Since 1959, the U.S. government and the expatriated Cuban-Americans who fled Cuba after the revolution have tried mightily to topple the Castro government, without success. Castro survived more than 630 assassination attempts.Read more