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Part 1: The definition of "Rule of Law". Glenn Greenwald speaks about America's two-tiered justice system and why he wrote his latest book, "Liberty and Justice for Some". (Available on Amazon.com: http://amzn.to/tAANlP) Recorded at Claremont-McKenna College on 4 November 2011.

I'm genuinely excited today to announce the release of my new book, With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful. As of this morning, it is available in bookstores as well as for shipping online. The book focuses on what I began realizing several years ago is the crucial theme tying together most of the topics I write about: America's two-tiered justice system - specifically, the way political and financial elites are now vested with virtually absolute immunity from the rule of law even when they are caught committing egregious crimes, while ordinary Americans are subjected to the world's largest and one of its harshest and most merciless penal states even for trivial offenses. As a result, law has been completely perverted from what it was intended to be - the guarantor of an equal playing field which would legitimize outcome inequalities - into its precise antithesis: a weapon used by the most powerful to protect their ill-gotten gains, strengthen their unearned prerogatives, and ensure ever-expanding opportunity inequality. This is how I described that development in the book:

Wall Street Isn't Winning - It's Cheating The two-tiered justice system: an illustration 9/10/2001: Rumsfeld says $2.3 TRILLION Missing from Pentagon  The due-process-free assassination of U.S. citizens is now reality The Quiet Coup "the finance industry has effectively captured our government" What OWS is about + data behind the movement Data privacy is now extinct in the U.S. "The problem that confronts us is that every living system in the biosphere is in decline and the rate of decline is accelerating. There isn't one peer-reviewed scientific article that's been published in the last 20 years that contradicts that statement. Living systems are coral reefs. They're our climatic stability, forest cover, the oceans themselves, aquifers, water, the conditions of the soil, biodiversity. They go on and on as they get more specific. But the fact is, there isn't one living system that is stable or is improving. And those living systems provide the basis for all life." The 1% are the very best destroyers of wealth the world has ever seen The prison industry in the United States: big business or a new form of slavery? How the GOP Became the Party of the Rich: The inside story of how the Republicans abandoned the poor and the middle class to pursue their relentless agenda of tax cuts for the wealthiest one percent

The Land of the Free punishes or imprisons more of its citizens than any other nation. This collection of testimonials from criminal offenders, family members, and experts on America's criminal justice system puts a human face on the millions of Americans subjugated by the US Government's 40 year, one trillion dollar social catastrophe: The War on Drugs; a failed policy underscored by fear, politics, racial prejudice and intolerance in a public atmosphere of out of sight, out of mind. The United States has only 5% of the world's population, yet a full 25% of the world's prisoners. At 2.5 million, the US has more prisoners than even China does with five times the population of the United States. 8 million Americans (1 in every 31) languish under some form of state monitoring known as correctional supervision. On top of that, the security and livelihood of over 13 million more has been forever altered by a felony conviction. The American use of punishment is so pervasive, and so disproportionate, that even the conservative magazine The Economist declared in 2010, never in the civilized world have so many been locked up for so little. The project will unfold over a two year period, beginning with the release of this feature-length documentary and then continuing on with the release of short films and complete interviews from each of the 100 participants in the project, meant to represent the 1 in 100 Americans that are currently sitting behind bars.

It's hard to think of another time when there has been such a gulf between intellectuals and activists; between theorists of revolution and its practitioners. Writers who for years have been publishing essays that sound like position papers for vast social movements that do not in fact exist seem seized with confusion or worse, dismissive contempt, now that real ones are everywhere emerging. It's particularly scandalous in the case of what's still, for no particularly good reason, referred to as the 'anti-globalization' movement, one that has in a mere two or three years managed to transform completely the sense of historical possibilities for millions across the planet. This may be the result of sheer ignorance, or of relying on what might be gleaned from such overtly hostile sources as the New York Times; then again, most of what's written even in progressive outlets seems largely to miss the point-or at least, rarely focuses on what participants in the movement really think is most important about it. As an anthropologist and active participant-particularly in the more radical, direct-action end of the movement-I may be able to clear up some common points of misunderstanding; but the news may not be gratefully received. Much of the hesitation, I suspect, lies in the reluctance of those who have long fancied themselves radicals of some sort to come to terms with the fact that they are really liberals: interested in expanding individual freedoms and pursuing social justice, but not in ways that would seriously challenge the existence of reigning institutions like capital or state. And even many of those who would like to see revolutionary change might not feel entirely happy about having to accept that most of the creative energy for radical politics is now coming from anarchism-a tradition that they have hitherto mostly dismissed-and that taking this movement seriously will necessarily also mean a respectful engagement with it. I am writing

The biggest problem facing direct action movements is that we don't know how to handle victory. This might seem an odd thing to say because of a lot of us haven't been feeling particularly victorious of late. Most anarchists today feel the global justice movement was kind of a blip: inspiring, certainly, while it lasted, but not a movement that succeeded either in putting down lasting organizational roots or transforming the contours of power in the world. The anti-war movement was even more frustrating, since anarchists and anarchist tactics were largely marginalized. The war will end, of course, but that's just because wars always do. No one is feeling they contributed much to it.

Glenn Greenwald studied law and spent ten years as a litigator in federal and state courts across the country. Now he's a big two-fisted progressive blogger and columnist for Salon.com. And he's out with a blistering critique of what has happened to American law. We've stopped applying it to everyone, says Greenwald. We've carved out an exemption for Americans in the halls of power. We've created what Greenwald calls a "lawless elite" that is running roughshod over our economy and national policy. Over American law. This hour On Point: Glenn Greenwald, and liberty and justice for some.