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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.

Glenn Greenwald (email: GGreenwald@salon.com) is a former Constitutional and civil rights litigator and is the author of three New York Times Bestselling books: two on the Bush administration's executive power and foreign policy abuses, and his latest book, With Liberty and Justice for Some, an indictment of America's two-tiered system of justice. Greenwald was named by The Atlantic as one of the 25 most influential political commentators in the nation. He is the recipient of the first annual I.F. Stone Award for Independent Journalism, and is the winner of the 2010 Online Journalism Association Award for his investigative work on the arrest and oppressive detention of Bradley Manning.

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.

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Pentagon investigators are reportedly still searching for Wikileaks co-founder Julian Assange, who helped release a classified US military video showing a US helicopter gunship indiscriminately firing on Iraqi civilians. The US military recently arrested Army Specialist Bradley Manning, who may have passed on the video to Wikileaks. Manning's arrest and the hunt for Assange have put the spotlight on the Obama administration's campaign against whistleblowers and leakers of classified information. We speak to Daniel Ellsberg, who's leaking of the Pentagon Papers has made him perhaps the nation's most famous whistleblower; Birgitta Jónsdóttir, a member of the Icelandic Parliament who has collaborated with Wikileaks and drafted a new Icelandic law protecting investigative journalists; and Glenn Greenwald, political and legal blogger for Salon.com. [includes rush transcript]

Two new Obama proposals would dramatically expand the government's already vast surveillance powers

The justifications for Obama's hit list reveal what is missing most from American political thought

The deceit and propaganda which justify both wars are identical, as are the harms they cause

Think tank "scholars" are lavishly funded to defend elite prerogatives

Throughout this year I've devoted substantial attention to WikiLeaks, particularly in the last four weeks as calls for its destruction intensified.  To understand why I've done so, and to see what motivates the increasing devotion of the U.S. Government and those influenced by it to destroying that organization, it's well worth reviewing exactly what WikiLeaks exposed to the world just in the last year:  the breadth of the corruption, deceit, brutality and criminality on the part of the world's most powerful factions.

A proposal to help Bank of America destroy the group and its advocates reveal a deeply lawless mindset

Amnesty denounces the conditions of Bradley Manning's detention, while new documents shed light on detainee deaths

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.

Everybody knows that if you torture people you don't get good information. It was never about that. Disappearing people and putting them into orange jumpsuits, and into legal black holes and waterboarding them and freezing them and killing detainees was about signaling to the rest of world that you can not challenge or stand up to American power, because if you do, we will respond without constraints, and there is nothing anybody can or will do about it. It was about creating a climate of repression and fear to deter any would-be dissenters or challengers to American power. And that is what this war on whistleblowing and this war on Wikileaks is about as well.

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.