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January 30, 2015

Supreme Court Upholds Auto Stop With No Traffic Violation

Ignorance of the law is no excuse – that is, unless you’re a police officer. For the first time, in December, the Supreme Court upheld a traffic stop even where there was no traffic violation. The court, in Heien v. North Carolina, continued its steady erosion of the Fourth Amendment’s protection against unreasonable searches and seizures.

In this case, an officer stopped a car that had only one working brake light, thinking that North Carolina law required two working brake lights. But the officer was mistaken about the law. Only one working brake light is required in North Carolina.Read more

January 13, 2015

Interview of Marjorie Cohn about ‘Drones and Targeted Killing’

By John Wilkens
San Diego Union-Tribune

Marjorie Cohn has been a professor at Thomas Jefferson School of Law in San Diego since 1991, specializing in international human rights law. She’s a former president of the National Lawyers Guild and testified before Congress about torture.

She recently edited “Drones and Targeted Killing,” a collection of writings about the legal, moral and political ramifications of unmanned aerial warfare.

Cohn said many people don’t realize that attacks authorized by President Obama have “killed more people with drones than died on 9/11,” and that only “a tiny percentage” were al-Qaeda or Taliban leaders.Read more

December 23, 2014

Marjorie Cohn on Drone Warfare: Illegal, Immoral and Ineffective

Law professor, writer and social critic Marjorie Cohn explores human rights and US foreign policy, and the frequent contradiction between the two in her monthly Truthout column, “Human Rights and Global Wrongs.” She agreed to an interview with Truthout’s Leslie Thatcher recently about her new book, “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.”

Leslie Thatcher: Marjorie, could you describe the genesis of this project?

Marjorie Cohn: George W. Bush prosecuted two illegal wars in which thousands of Americans, Iraqis and Afghans were killed. Although Barack Obama continued those wars, eventually he reduced the numbers of US troops in Iraq and Afghanistan. But Obama vastly expanded the use of targeted killing – with drones, manned bombers and military raids.

Obama has killed more people with drones than died on 9/11. Many of those killed were civilians, and only a tiny percentage of the dead were al-Qaeda or Taliban leaders. Obama’s targeted killings off the battlefield are not only illegal and immoral; they also make us less safe due to the blowback from those who have lost family and friends. There was not much opposition to these killings among the American people.Read more

December 18, 2014

“Cuban Five” at Heart of US-Cuba Deal

In the course of delivering his historic speech dramatically altering US Cuba policy, President Barack Obama briefly mentioned that the United States released three Cuban agents. These men are members of the “Cuban Five,” who were imprisoned for gathering information on US-based Cuban exile groups planning terrorist actions against Cuba. Without their release, Cuba would never have freed Alan Gross. And Obama could not have undertaken what ten presidents before him refused to do: normalize relations between the United States and Cuba.Read more

December 17, 2014

Torture Report Confirms Team Bush War Crimes

Reading the 499-page torture report just released by the Senate Select Committee on Intelligence was a disgusting experience. Even after many years of writing books and articles about the Bush torture policy, I was unprepared for the atrocious pattern of crimes our government committed against other human beings in our name.

One of the most hideous techniques the CIA plied on detainees was called “rectal rehydration” or “rectal feeding” without medical necessity – a sanitized description of rape by a foreign object. A concoction of pureed “hummus, pasta with sauce, nuts and raisins” was forced into the rectum of one detainee. Another was subjected to “rectal rehydration” to establish the interrogator’s “total control over the detainee.” This constitutes illegal, cruel, inhuman and degrading treatment and a humiliating outrage upon personal dignity.Read more

December 3, 2014

Prosecutor Manipulates Grand Jury Process to Shield Officer

You know the fix is in when a suspect who shot an unarmed man voluntarily provides four hours of un-cross examined testimony to a grand jury without taking the Fifth.

On August 9, Ferguson, Missouri Police Officer Darren Wilson gunned down 18-year-old African American Michael Brown. Since that fateful day, people across the country have protested against racial profiling, excessive police force, and the failure of the criminal justice system to provide accountability.

The nail in the coffin of “equal justice under law” came on November 24, when the St. Louis County grand jury refused to indict Wilson for any criminal charges in the shooting death of Brown. In a virtually unprecedented move, St. Louis Prosecutor Robert McCulloch in effect deputized the grand jurors to sit as triers of fact as in a jury trial.Read more

October 17, 2014

US Government Sanitizes Vietnam War History

For many years after the Vietnam War, we enjoyed the “Vietnam syndrome,” in which US presidents hesitated to launch substantial military attacks on other countries. They feared intense opposition akin to the powerful movement that helped bring an end to the war in Vietnam. But in 1991, at the end of the Gulf War, George H.W. Bush declared, “By God, we’ve kicked the Vietnam syndrome once and for all!”

With George W. Bush’s wars on Iraq and Afghanistan, and Barack Obama’s drone wars in seven Muslim-majority countries and his escalating wars in Iraq and Syria, we have apparently moved beyond the Vietnam syndrome. By planting disinformation in the public realm, the government has built support for its recent wars, as it did with Vietnam.Read more

September 29, 2014

“I’m Just a Kid”: Tariq’s Ordeal

Last summer, Tariq Khdeir, a 15-year-old American citizen from Baltimore, accompanied his parents to the East Jerusalem neighborhood of Shuafat for a six-week visit with relatives. The first friend Tariq made when he arrived was his cousin, Muhammad Abu Khdeir, whom Tariq had not seen since he was four years old. “We had so much fun,” Tariq told a gathering at the national conference of the U.S. Campaign to End the Israeli Occupation in San Diego on September 19, 2014.

One night while he was in Jerusalem, Tariq saw some police with Muhammad. Tariq thought they had kidnapped Muhammad. Tariq wondered, “Is he gonna come back? Is he gonna come back alive”? But Muhammad did not come back alive. In retaliation for the deaths of three Israeli teenagers, Muhammad was beaten and burnt alive by three Jewish extremists.

After Muhammad’s murder, people took to the streets in protest. Israeli Defense Force soldiers began firing rubber bullets at them. Incredulous, Tariq thought, “Is this really happening in front of me”? Then Israeli soldiers began to run after Tariq. Panicked, Tariq ran.Read more

September 18, 2014

Obama Declares Perpetual War

President Barack Obama escalated the drone war he has conducted for the past five and a half years by declaring his intention to “degrade and ultimately destroy” the Islamic State, also known as ISIS, or ISIL. Since August 8, Obama has mounted at least 154 airstrikes in Iraq. He will send 475 additional US troops, increasing the total number in Iraq to about 1,600. Obama announced he would conduct “a systematic campaign of airstrikes” in Iraq, and possibly in Syria. But, not limiting himself to those countries, Obama declared the whole world his battlefield, stating “We will hunt down terrorists who threaten our country, wherever they are . . . if you threaten America, you will find no safe haven.”

If, indeed, there were an imminent threat of attack on the United States, Obama would be legally entitled to launch a military operation. The United Nations Charter, which prohibits the use of military force, allows an exception when a country acts in self-defense. Under the well-established Caroline doctrine, the “necessity for self-defense must be instant, overwhelming, leaving no choice of means, and no moment for deliberation.” The only problem is, Obama admitted, “We have not yet detected specific plotting against our homeland.” Citing only the vague possibility of future “deadly attacks,” Obama nevertheless declared a perpetual war with no specific end time.Read more

September 8, 2014

US Slammed for Failure to Fulfill Legal Obligation to Eliminate All Forms of Racial Discrimination

Three weeks after the shooting of Michael Brown in Ferguson, the Committee on the Elimination of Racial Discrimination (CERD) published a report detailing how the United States has failed to fulfill its legal obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (Convention). The CERD report was scathing in its criticism of the US for not complying with the Convention’s mandates. Since the US ratified this treaty, thereby becoming a State Party, it is part of US law under the Supremacy Clause of the Constitution.Read more