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Socialism 2011 July 01, 2011 -- Chicago, IL With Glenn Greenwald TAGS Barack Obama, civil liberties, torture

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:

When many cynics thought it impossible, the President reaches an all-new low in his abysmal civil liberties record

In the immediate aftermath of the 2003 invasion, the triumphalist verdict of the mainstream media was that the war had been won; Iraq was assured of a benevolent, democratic future. The Times's writer William Rees-Mogg hymned the victory: "April 9, 2003 was Liberty Day for Iraq … It was achieved by "the engine of global liberation," the United States. "After 24 years of oppression, three wars and three weeks of relentless bombing, Baghdad has emerged from an age of darkness. Yesterday was an historic day of liberation."

In a huge victory for privacy and the rule of law, a federal appeals court today reinstated our landmark lawsuit challenging the FISA Amendments Act (FAA), a statute that gives the executive branch virtually unchecked power to collect Americans' international e-mails and telephone calls.

Numerous people have argued that one potential benefit from the death of Osama bin Laden is that it will enable the U.S. Government to diminish its war commitments in that part of the world and finally arrest the steady erosion of civil liberties perpetrated in the name of the War on Terror (as though any of that is the government's goal).  By contrast, I've argued from the start that the bin Laden killing is likely to change nothing of any significance, except that -- if anything -- the resulting nationalistic pride, the vicarious sensations of power and strength, the substantial political benefits for the President, and the renewed faith in military force would be more likely to intensify rather than arrest these trends.  But that was definitely a minority opinion.

Pop quiz: where did a government agency shut down cell service yesterday to disrupt a political protest? Syria? London? Nope. San Francisco. The answer may seem surprising, but that's exactly what happened yesterday evening. The Bay Area Rapid Transit (BART) asked wireless providers to halt service in four stations in San Francisco to prevent protestors from communicating with each other. The action came after BART notified riders that there might be demonstrations in the city. All over the world people are using mobile devices to organize protests against repressive regimes, and we rightly criticize governments that respond by shutting down cell service, calling their actions anti-democratic and a violation of the rights to free expression and assembly. Are we really willing to tolerate the same silencing of protest here in the United States? BART's actions were glaringly small-minded as technology and the ability to be connected have many uses. Imagine if someone had a heart attack on the train when the phones were blocked and no one could call 911. And where do we draw the line? These protestors were using public transportation to get to the demonstration - should the government be able to shut that down too? Shutting down access to mobile phones is the wrong response to political protests, whether it's halfway around the world or right here at home. The First Amendment protects everybody's right to free expression, and when the government responds to people protesting against it by silencing them, it's dangerous to democracy.

I was honored to be invited to speak at Occupy Wall Street on Thursday night. Since amplification is (disgracefully) banned, and everything I said had to be repeated by hundreds of people so others could hear (a.k.a. "the human microphone"), what I actually said at Liberty Plaza had to be very short. With that in mind, here is the longer, uncut version of the speech.

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.

"under certain circumstances, the F.B.I. has the ability to bend or suspend the law and impinge on the freedom of others."