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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.

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.  

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:

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.

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.

On July 29th, returning from a trip to Europe, Jacob Appelbaum, a lanky, unassuming 27-year-old wearing a black T-shirt with the slogan "Be the trouble you want to see in the world," was detained at customs by a posse of federal agents. In an interrogation room at Newark Liberty airport, he was grilled about his role in Wikileaks, the whistle-blower group that has exposed the government's most closely guarded intelligence reports about the war in Afghanistan. The agents photocopied his receipts, seized three of his cellphones - he owns more than a dozen - and confiscated his computer. They informed him that he was under government surveillance. They questioned him about the trove of 91,000 classified military documents that Wikileaks had released the week before, a leak that Vietnam-era activist Daniel Ellsberg called "the largest unauthorized disclosure since the Pentagon Papers." They demanded to know where Julian Assange, the founder of Wikileaks, was hiding. They pressed him on his opinions about the wars in Afghanistan and Iraq. Appelbaum refused to answer. Finally, after three hours, he was released. Sex, Drugs, and the Biggest Cybercrime of All Time Appelbaum is the only known American member of Wikileaks and the leading evangelist for the software program that helped make the leak possible. In a sense, he's a bizarro version of Mark Zuckerberg: If Facebook's ambition is to "make the world more open and connected," Appelbaum has dedicated his life to fighting for anonymity and privacy. An anarchist street kid raised by a heroin- addict father, he dropped out of high school, taught himself the intricacies of code and developed a healthy paranoia along the way. "I don't want to live in a world where everyone is watched all the time," he says. "I want to be left alone as much as possible. I don't want a data trail to tell a story that isn't true." We have transferred our most intimate and personal information - our bank accounts, e-mails, photographs, ph

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.

The 9/11 attacks have been used to destroy America in ways that no mere terrorist assault could ever do.   And that is the number one reason for a new, independent, unbiased investigation into the events of September 11, 2001.

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.

If, as Lessig conclusively demonstrates, Congress is indifferent to the will of the people and to democratic debate - because it has been captured by monied interests to whose interests it exclusively attends - then the people lose the ability to affect what government does in any realm. It doesn't make much difference which problem you believe is most pressing: this is the dynamic that lies at the heart of it. Inaction on climate issues is due to the power of polluters and energy companies; the power of the private health insurance industry blocks fundamental health-care reform; endless war and civil liberties abuses are sustained by the power of the surveillance and National Security State industries; and a failure to achieve real Wall Street reform is due to the fact that, as Sen. Dick Durbin amazingly acknowledged about the institution in which he serves, "the banks frankly own the place." Without finding an effective way to address that overarching problem, the only recourse for citizens becomes either passive acceptance of their powerlessness (i.e., apathy and withdrawal) or disruption and unrest fomented outside of the electoral system (the driving ethos of OccupyWallStreet).

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.