Volume 21, Number 7
Fannie Lou Hamer
Winter Soldier II
Behind the Scenes
Center for constitutional rights -- Ccr
CÃ©sar cuauhtÃ©moc GarcÃÂa hernÃ¡ndez
Pentagon's Toxic Legacy
Jeffrey St. Clair
Vietnam to Dude...
Body of War
Soldiers of Reason
Zinn's American Empire
Vision - Cooling Planet
Chomsky, Pappé Interview
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Landmark Win For Guantánamo Detainees
On June 12, 2008, in one of the most important human rights cases of the decade, the Supreme Court of the
Habeas Corpus, or the Great Writ, protects individuals from arbitrary detention by the executive and gives prisoners the right to bring their case before a judge. The judge must determine if the detention has a factual and legal basis and, if it does not, the prisoner must be released. The U.S. Constitution states that the writ of habeas corpus may only be suspended in cases of rebellion or invasion.
During CCR's sustained legal efforts, the government argued that the detainees did not have the right to challenge their detention in
Then Congress passed the Detainee Treatment Act of 2005 (DTA), which purports to strip the federal courts of jurisdiction over claims by "enemy combatants" held in
Regarding the June 12 decision, CCR Executive Director Vincent Warrant said, "The Supreme Court has finally brought an end to one of our nation's most egregious injustices.... This six-year-long nightmare serves as a lesson in how fragile our constitutional protections truly are in the hands of an overzealous executive."
In his majority opinion, Associate Justice Anthony Kennedy wrote, "Within the constitution's separation-of-powers structure, few exercises of judicial power are as legitimate or as necessary as the responsibility to hear challenges to the authority of the Executive to imprison a person....
Justice Kennedy's opinion for the Court rejected the argument that Guantánamo lies outside the reach of the federal courts because it is not within the 50 states, stating that, "[i]n every practical sense, Guantánamo is not abroad.... questions of extraterritoriality turn on objective factors and practical concerns, not formalism."
Two dissenting opinions written by Chief Justice Roberts and Justice Scalia captured the viewpoints of the conservative wing of the Court that the prisoners at Guantánamo are not entitled to the writ of habeas corpus and that the rights to which they are entitled are fully satisfied by the review mechanism Congress established in the DTA. Repeating one of the military's favorite (and inaccurate) talking points, the Chief Justice began his dissent by saying, "[t]oday the Court strikes down as inadequate the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants."
Going a step beyond the Chief Justice's dissent, Justice Scalia contended that the Suspension Clause has no relevance for the prisoners at Guantánamo and thus the majority's intervention cannot be justified. Notably, Scalia began his dissent with a rare exploration of what he perceived to be the "disastrous consequences" of the majority's decision, including the astonishing assertion that, "It [the majority opinion] will almost certainly cause more Americans to be killed."
The Boumediene v. Bush decision marks the third time the Court has rebuked the Bush administration's lawless actions at Guantánamo. The government has repeatedly delayed in applying previous rulings and this decision shows that the judiciary will not just lie down while the Administration further harms the health and sanity of its prisoners.
"This decision ensures that the executive does not falsely claim credit for detaining and incapacitating terrorists, when in many documented cases they have just swept up innocent men and hidden them from scrutiny," said CCR President Michael Ratner.
Following the decision, it is hoped that the lower courts will move to hold hearings in the 200-odd pending individual habeas corpus cases where detainees are challenging their indefinite detention without charges. Already, the chief judge of the District Court for the
The decision's impact on the pending military commission cases is indirect. It is likely those trials will continue to progress at their current halting pace. The decision means that the defendants in those commissions proceedings—less than 20 men—may begin parallel proceedings, arguing that they should not have ever been detained in the first place. Other significant issues may be litigated as well: most detainees are being held in solitary confinement, including dozens who are cleared for release. Most are losing their minds as a result. Many detainees are also now cleared for release to countries where they may face torture. These men are basically in the position of refugees and countries that can offer them asylum will have to be found before they can be released.
A significant issue for the habeas cases will also be challenges to the government's reliance on information obtained through torture or unlawful coercion to justify the detentions. Major General Jay Hood, former commander at Guantánamo, admitted to the Wall Street Journal that, "[s]ometimes we just didn't get the right folks," but innocents remain at the base because "[n]obody wants to be the one to sign the release papers ...there's no muscle in the system."
Ultimately, the Administration's strategy with Guantánamo was to run out the clock and leave its mess—much like the war in
Z Magazine Archive
HUMAN RIGHTS - The U.S. Human Rights Network will celebrate its 10th anniversary with the Advancing Human Rights 2013 Conference, December 6-8, in Atlanta, GA.
Contact: 250 Georgia Avenue SE, Suite 330, Atlanta, GA 30312; firstname.lastname@example.org; http:// www.ushrnetwork.org/.
AFRICAN/SOCIALIST - The Sixth Congress of the African People’s Socialist Party USA will be held December 7-11, in St. Petersburg, FL.
Contact: 1245 18th Avenue South, St. Petersburg, FL 33705; 727- 821-6620; info@aps puhuru.org; http://asiuhuru.org/.
SCHOOLS - The Dignity in Schools Campaign (DSC) will host a workshop on the DSC “Model Code on Education and Dignity: Presenting A Human Rights Framework for Schools” at the Mid-Hudson Region NY State Leadership Summit on School Justice Partnerships, December 11 in White Plains, NY.
Contact: http://www.dignityin schools.org/.
ANARCHIST/BOOKFAIR - The Humboldt Anarchist Book Fair will be held December 14, in Eureka, CA.
Contact: humboldtgrassroots @riseup.net; http://humbold tanarchist bookfair.wordpress. com/.
CLIMATE - The World Symposium on Sustainable Development at Universities is hosting a follow-up event to the 2012 Rio de Janeiro symposium. The gathering will be held in Qatar on January 28-30, 2014.
Contact: http://environment.tufts. edu/.
LABOR - The United Association for Labor Education (UALE) will host Organizing for Power: A New Labor Movement for the New Working Class in Los Angeles, March 26-29. Proposals are due December 15.
Contact: LAWCHA, 226 Carr Building (East Campus), Box 90719, Duke University, Durham, NC 27708-0719;lawcha @duke. edu; http://lawcha.org/.
MEDIA FELLOWSHIP - The Media Mobilizing Project is seeking applicants for the first annual Movement Media Fellowship Program. The Fellow will work with MMP to produce the spring season of Media Mobilizing Project TV. MMPTV is a news and talk show that tells the stories of local communities organizing to win human rights and build a movement to end poverty.
Contact: 4233 Chestnut St., Philadelphia, PA 19104; 215-821- 9632; milena@media mobilizing.org; http://www.media mobilizing.org/.
RACE - The 7th Facing Race: A National Conference will be held in Dallas, TX November 13-15, 2014. Organizers, educators, artists, funders and everyone interested in racial equity is invited to exchange best practices and learn about innovative models and successful organizing initiatives. Proposals must be submitted by January 24, 2014.
Contact: Race Forward, 32 Broadway, Suite 1801, New York, NY 10004; 212-513-7925; media @raceforward.org; http://race forward.org/.
VETERANS - They Were Soldiers: How the Wounded Return from America’s Wars - The Untold Story, by Ann Jones, is about the journey of veterans from the moment of being wounded in rural Afghanistan to their return home.
Contact: Haymarket Books, PO Box 180165, Chicago, IL 60618; 773-583-7884; http://www.haymarketbooks.org/.
LIBYA - Destroying Libya and World Order: The Three-Decade U.S. Campaign to Terminate the Qaddafi Revolution, by Francis A. Boyle, is a history and critique of American foreign policy from Reagan to Obama.
Contact: Clarity Press, Inc., Ste. 469, 3277 Roswell Rd. NE, Atlanta, GE 30305; 404-647-6501; email@example.com; http://www. claritypress.com/.
CHILDREN - Fannie and Freddie by Becky Z. Dernbach is about two bumbling villains who gamble away the savings of the people of Homeville.
Contact: fannieandfreddiebook @gmail.com; http://fannieand freddie.org/.
PROTEST/COMIC - Fight the Power!: A Visual History of Protest Among English Speaking Peoples, by Sean Michael Wilson and Benjamin Dickson is a graphic narrative that explains how people have fought against oppression.
Contact: Seven Stories Press, 140 Watts Street, New York, NY 10013; 212-226-8760; info@ sevenstories.com; http://www. sevenstories.com.
CHILDREN - Brave Girl by Michelle Markel and illustrated by Melissa Sweet is the true story of Clara Lemlich, a young Ukrainian immigrant who led the largest strike of women workers in U.S. history.
Contact: http://www.harpercollins childrens.com/Kids/.
FESTIVAL - The 2014 Queer Women of Color Film Festival will be held June 13-15 in San Francisco. The festival is currently accepting submissions until December 31.
Contact: QWOCMAP, 59 Cook Street, San Francisco, CA 94118-3310; 415-752-0868; firstname.lastname@example.org; http://www.qwocmap.org/.
IRAQ/REFUGEES - Ten years after the U.S.-led war in Iraq, thousands of displaced Iraqi refugees are still facing a crisis in the United States. The Lost Dream follows Nazar and Salam who had to flee Iraq in order to avoid threats by Al- Qaeda-affiliated groups and Iraqi insurgents that consider them “traitors” for supporting U.S. forces in Operation Iraqi Freedom.
Contact: Typecast Films, 888- 591-3456; info@type castfilms. com; http://type castfilms.com/.
HUMAN RIGHTS - Lyrical Revolt! III will be held December 4 in Syracuse, NY. The event will feature hip-hop musician Anhel whose album Young, Gifted, and Brown was just released. The event is sponsored by ANSWER Syracuse, Liberation News, and SyracuseHip Hop.com. Performers and artists are encouraged to send submissions.
Contact: email@example.com; http://www.answercoalition.org/syracuse/.
FOLK - Musician Painless Parker has released his album Music for miscreants, malcontents and misanthropes featuring “Fuck Yeah, the Working Class.”
Contact: firstname.lastname@example.org; http://painlessparkermusic.com/.
COMEDY - Political comedian Lee Camp’s new album Pepper Spray the Tears Away has been released.