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The United States has quietly expanded the number of "enemy combatants" being held in judicial limbo at its Bagram military base in Afghanistan, a facility which has now grown to more than twice the size of the controversial and much more widely discussed military prison at Guantanamo Bay in Cuba. Bagram has received just a fraction of the world attention paid to Guantanamo, but the two facilities have prompted very similar complaints about prisoners held incommunicado for weeks or months, the lack of recourse to any system of legal redress, and persistent reports of prisoner mistreatment that many human rights campaigners have characterised as torture.

In a new report (PDF) by the Open Society Institute, human-rights researcher Jonathan Horowitz contrasts the official prison system that the Pentagon has constructed in Afghanistan-where they often arrange press briefings and invite journalists on tours-with the super-secret facility run on the periphery of Bagram Air Base, the "Tor" or "Black Jail."

WASHINGTON - The Army general who led the investigation into prisoner abuse at Iraq's Abu Ghraib prison accused the Bush administration Wednesday of committing "war crimes" and called for those responsible to be held to account.

Which is not to say that the Obama era has meant an end to law enforcement. On the contrary: In the past few years, the administration has allocated massive amounts of federal resources to catching wrongdoers - of a certain type. Last year, the government deported 393,000 people, at a cost of $5 billion. Since 2007, felony immigration prosecutions along the Mexican border have surged 77 percent; nonfelony prosecutions by 259 percent. In Ohio last month, a single mother was caught lying about where she lived to put her kids into a better school district; the judge in the case tried to sentence her to 10 days in jail for fraud, declaring that letting her go free would "demean the seriousness" of the offenses. So there you have it. Illegal immigrants: 393,000. Lying moms: one. Bankers: zero. The math makes sense only because the politics are so obvious. You want to win elections, you bang on the jailable class. You build prisons and fill them with people for selling dime bags and stealing CD players. But for stealing a billion dollars? For fraud that puts a million people into foreclosure? Pass. It's not a crime. Prison is too harsh. Get them to say they're sorry, and move on. Oh, wait - let's not even make them say they're sorry. That's too mean; let's just give them a piece of paper with a government stamp on it, officially clearing them of the need to apologize, and make them pay a fine instead. But don't make them pay it out of their own pockets, and don't ask them to give back the money they stole. In fact, let them profit from their collective crimes, to the tune of a record $135 billion in pay and benefits last year. What's next? Taxpayer-funded massages for every Wall Street executive guilty of fraud?

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.

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

David Garland is a well-respected sociologist and legal scholar who taught courses on crime and punishment at the University of Edinburgh before relocating to the United States over a decade ago. His recent Peculiar Institution: America's Death Penalty in an Age of Abolition is the product of his attempt to learn "why the United States is such an outlier in the severity of its criminal sentencing." Thus, while the book primarily concerns the death penalty, it also illuminates the broader, dramatic differences between American and Western European prison sentences.

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.

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.

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.