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Both Supreme Court justices Antonin Scalia and Clarence Thomas describe themselves as "originalists," meaning that they believe they possess the innate knowledge of exactly what the Founding Fathers intended when they penned the U.S. Constitution. Given such an almost reverent standard it is fair to ask a few questions regarding the Judiciary branch of government which, in my opinion, no longer represents the people of our country. It has become so deeply immersed in right-wing ideology that there is little resemblance to the this branch of government today and when the Founding Fathers established it. Did the Founding Fathers intend that Supreme Court judges sitting on the highest court of the land can decide who the president should be, especially if one of those judges was appointed by the father of one of the complainants? Surely, most of us would agree, that judge should be disqualified from involvement in such an extraordinary decision. Did the Founding Fathers intend that a judge sitting on the highest court of the land to be cozy with incendiary, hate-mongering partisan extremists who make seditious statements for the sole purpose of undermining and subverting democracy? Surely, you would ask, should a judge deciding cases on the Supreme court be colluding and conniving with a Screech Radio insurrectionist who spouts non-stop hatred and incites violence against our president and elected officials? Did the Founding Fathers also intend for the spouse of a sitting Supreme Court justice to be actively fomenting hatred, insurrection and subversion, the sole aim of which is to overthrow, even by armed insurrection, a democratically-elected president and political party? Surely, the Founding Fathers did not intend for that to be an admirable or patriotic role of the spouse of a Supreme Court justice? The solid phalanx of activist, partisan ideologues, Roberts,

Of all the topics on which I've focused, I've likely written most about America's two-tiered justice system -- the way in which political and financial elites now enjoy virtually full-scale legal immunity for even the most egregious lawbreaking, while ordinary Americans, especially the poor and racial and ethnic minorities, are subjected to exactly the opposite treatment: the world's largest prison state and most merciless justice system. That full-scale destruction of the rule of law is also the topic of my forthcoming book. But The New York Times this morning has a long article so perfectly illustrating what I mean by "two-tiered justice system" -- and the way in which it obliterates the core covenant of the American Founding: equality before the law -- that it's impossible for me not to highlight it.

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.

The US mortgage debacle shows that in today's America, the proud claim of "justice for all" is being replaced by the more modest claim of "justice for those who can afford it." And the number of people who can afford it is rapidly diminishing.

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:

There may yet be justice for the victims of the post-9/11 US torture program. Just not in the United States.

How did America come to accept having two classes of citizens?  When did America give up on the dream of fairness for all? Last night after the television show, I got the chance to sit down with Glenn Greenwald to discuss his new book, With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful. Unfairness in America is nothing new.  In fact, it is perfectly acceptable in this culture for us to admire those who we see as becoming successful and powerful by creating value.  At the same time, Americans accept unfairness with one explicit caveat: that each of us has the chance to be one of those people - that each of us has the opportunity to become successful. What Americans are rejecting now is not wealth disparity, but the corrupt and unethical way so much of the money in this country is now being made, with our government, more often than not, simply looking the other way. Well, Americans are saying "no more" to our government explicitly agreeing to legalize and codify that destructive behavior, protecting powerful political and financial elites while prosecuting ordinary Americans over trivial offenses. We are beginning to see a rejection of this unfairness at Occupy Wall Street and other national reform-based movements.  

NOTE: It is important to separate hunting down terrorists who attack our country and deserve justice (which Ron Paul is 100% for), and not confuse justice with occupying entire countries for a decade under the guise of the "War on Terror" or "Spreading Democracy". Terrorists are individuals and small groups, so why are we picking fights with entire nations? BILLIONS for Defense, NOT A PENNY for Empire. This speech is called "Imagine" and it was given by Ron Paul on March 11, 2009. The original text of the talk is below: Imagine for a moment that somewhere in the middle of Texas there was a large foreign military base, say Chinese or Russian. Imagine that thousands of armed foreign troops were constantly patrolling American streets in military vehicles. Imagine they were here under the auspices of "keeping us safe" or "promoting democracy" or "protecting their strategic interests." Imagine that they operated outside of US law, and that the Constitution did not apply to them. Imagine that every now and then they made mistakes or acted on bad information and accidentally killed or terrorized innocent Americans, including women and children, most of the time with little to no repercussions or consequences. Imagine that they set up checkpoints on our soil and routinely searched and ransacked entire neighborhoods of homes. Imagine if Americans were fearful of these foreign troops, and overwhelmingly thought America would be better off without their presence. Imagine if some Americans were so angry about them being in Texas that they actually joined together to fight them off, in defense of our soil and sovereignty, because leadership in government refused or were unable to do so. Imagine that those Americans were labeled terrorists or insurgents for their defensive actions, and routinely killed, or captured and tortured by the foreign troops on our land. Imagine that the occupiers' attitude was that if they just killed enough Americans, the resistance would stop, but inst

Momentous Supreme Court cases tend to move quickly into the slipstream of the Court's history. In the first ten years after Brown v. Board of Education, the 1954 decision that ended the doctrine of separate but equal in public education, the Justices cited the case more than twenty-five times. In the ten years after Roe v. Wade, the abortion-rights decision of 1973, there were more than sixty-five references to that landmark. This month marks ten years since the Court, by a vote of five-to-four, terminated the election of 2000 and delivered the Presidency to George W. Bush. Over that decade, the Justices have provided a verdict of sorts on Bush v. Gore by the number of times they have cited it: zero.

The Justice Department on Wednesday sued BP and eight other companies in the Gulf oil spill disaster in an effort to recover billions of dollars from the largest offshore spill in U.S. history.

This is one of the best examples we've had yet of the profound difference in the style of criminal justice enforcement for the very rich and connected, versus the style of justice for everyone else. This scam that Chase, Bank of America and UBS were involved with was no different in any way, really, from old-school mafia-style bid-rigging scams.

Consider Paul Allen, 55, a former mortgage CEO who defrauded lenders of over $3 billion. This week, prosecutors celebrated the fact they got him a 40-month prison sentence. Consider Roy Brown, 54, a hungry homeless man who robbed a Louisiana bank of $100 - the teller gave him more but he handed the rest back. He felt bad the next day and surrendered to police. He got 15 years. Justice in America has a ways to go.

Following is an excerpt from Glenn Greenwald's new book, With Liberty and Justice for Some: How Law is Used to Destroy Equality and Protect the Powerful

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

In March, 2002, American citizen Jose Padilla was arrested in Chicago and publicly accused by then-Attorney-General John Ashcroft of being "The Dirty Bomber."  Shortly thereafter, he was transferred to a military brig in South Carolina, where he was held for almost two years completely incommunicado (charged with no crime and denied all access to the outside world, including even a lawyer) and was brutally tortured, both physically and psychologically.  All of this -- including the torture -- was carried out pursuant to orders from President Bush, Secretary Rumsfeld and other high-ranking officials.  Just as the Supreme Court was about to hear Padilla's plea to be charged or released -- and thus finally decide if the President has the power to imprison American citizens on U.S. soil with no charges of any kind -- the Government indicted him in a federal court on charges far less serious than Ashcroft had touted years earlier, causing the Supreme Court to dismiss Padilla's arguments as "moot"; Padilla was then convicted and sentenced to 17 years in prison.

WARNING: Graphic and disturbing photos between 38:40 and 40:45. U.S. Army Ranger John Needham, who was awarded two purple hearts and three medals for heroism, wrote to military authorities in 2007 reporting war crimes that he witnessed being committed by his own command and fellow soldiers in Al Doura, Iraq. His charges were supported by atrocity photos which, in the public interest, are now released in this video. John paid a terrible price for his opposition to these acts. His story is tragic.  CBS reported obtaining an Army document from the Criminal Investigation Command suggestive of an investigation into these war crimes allegations. The Army's conclusion was that the "offense of War Crimes did not occur." However, CBS also stated that the report was "redacted and incomplete; 111 pages were withheld."  This video is placed with the context of Vice President, Dick Cheney, insistence that this nation's efforts "must go to the dark side;" which included ignoring the Geneva Conventions.  John's story is told, here, by his father, Michael Needham. It is produced in the spirit of the public interest and towards promoting justice and the rule of law.