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

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.  

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 Occupy Wall Street movement is well into its second week of operation, and is now getting more attention from media as well as from people planning similar actions across the country. This is a promising populist mobilization with a clear message against domination by political and economic elites. Against visions of a bleak and stagnant future, the occupiers assert the optimism that a better world can be made in the streets. They have not resigned themselves to an order where the young are presented with a foreseeable future of some combination of debt, economic dependency, and being paid little to endure constant disrespect, an order that tells the old to accept broken promises and be glad to just keep putting in hours until they can't work anymore. The occupiers have not accepted that living in modern society means shutting up about how it functions. In general, the occupiers see themselves as having more to gain than to lose in creating a new political situation - something that few who run the current system will help deliver. They are not eager for violence, and have shown admirable restraint in the face of attack by police. There may be no single clear agenda, but there is a clear message: that people will have a say in their political and economic lives, regardless of what those in charge want. Occupy Wall Street is a kind of protest that Americans are not accustomed to seeing. There was no permit to protest, and it has been able to keep going on through unofficial understandings between protestors and police. It is not run by professional politicians, astroturfers, or front groups with barely-hidden agendas. Though some organizations and political figures have promoted it, Occupy Wall Street is not driven by any political party or protest organization. It is a kind of protest that shows people have power when they are determined to use it. Occupy Wall Street could be characterized as an example of a new type of mass politics, which has been seen in

Note:  Today marks the start of our series "Images of Freedom."  In this lead, Edward Miller discusses the virtues of Georgist political economy, and how structural inequality, especially through land value, can be a threat to liberty.  

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

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:

In reality, the Obama administration has continued, and in some cases expanded Bush administration national security policies that are inconsistent with basic human rights and liberties guaranteed under the Constitution.

The Oakland Police Department oversaw the use of excessive force against Occupy Oakland demonstrators, and now the department is refusing to hand over information about what really happened. The ACLU of Northern California and the National Lawyers' Guild sent a public records request about OPD's use of force on the night of October 25, 2011 on demonstrators supporting Occupy Oakland. The response we received is both infuriating and misguided.

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."

Demands that it be easier to involuntarily commit the mentally ill are knee-jerk and irrational

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.

The Department of Justice has just released its annual report on its surveillance activities for 2010 including its use of secret court orders, National Security Letters (NSLs) and electronic and physical surveillance - and boy were they busy. The report disclosed a dramatic increase in surveillance of Americans between 2009 and 2010, and these statistics don't even include surveillance conducted under the new FISA Amendments Act.

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.

All of those views -- Democratic Party orthodoxy a mere three years ago -- have become relegated to the fringe under the Obama presidency by virtue of the President's adoption of what were once purely GOP/right-wing positions.  But it's worth recalling that they were indeed the backbone of the Democrats' once-vigorous opposition (at least in rhetoric) to the Bush/Cheney worldview of using war and battlefield theories to fight Terrorism and to erode core Constitutional and civil liberties.

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.