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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.

There's no doubting the conservative bona fides of Bruce Fein. A high-level Justice Department lawyer in the Reagan administration in the 1980s and previously a resident scholar with the Heritage Foundation, he is a long-time advocate for uncompromising right-wing political principles. Yet paradoxically, Fein has been, and remains, one of the most eloquent and incisive political voices over the last decade. He was one of the earliest and most emphatic critics of Bush and Cheney's radical abuses of executive power. Two weeks after The New York Times revealed in December, 2005, that Bush had ordered the NSA to illegally eavesdrop on Americans without the warrants required by law, Fein used his column in the right-wing Washington Times to warn that "Mr. Bush has adamantly refused to acknowledge any constitutional limitations on his power to wage war indefinitely"; to scorn as "war powers nonsense" the theories assembled "to defend Mr.

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).

What amazes me most whenever I write about this topic is recalling how terribly upset so many Democrats pretended to be when Bush claimed the power merely to detain or even just eavesdrop on American citizens without due process.  Remember all that?  Yet now, here's Obama claiming the power not to detain or eavesdrop on citizens without due process, but to kill them; marvel at how the hardest-core White House loyalists now celebrate this and uncritically accept the same justifying rationale used by Bush/Cheney (this is war! the President says he was a Terrorist!) without even a moment of acknowledgment of the profound inconsistency or the deeply troubling implications of having a President - even Barack Obama - vested with the power to target U.S. citizens for murder with no due process. Also, during the Bush years, civil libertarians who tried to convince conservatives to oppose that administration's radical excesses would often ask things like this: would you be comfortable having Hillary Clinton wield the power to spy on your calls or imprison you with no judicial reivew or oversight?  So for you good progressives out there justifying this, I would ask this:  how would the power to assassinate U.S. citizens without due process look to you in the hands of, say, Rick Perry or Michele Bachmann?

The intent and effect of such abuse is that it renders those guaranteed freedoms meaningless. If a population becomes bullied or intimidated out of exercising rights offered on paper, those rights effectively cease to exist.

To avoid counting civilian deaths, Obama re-defined "militant" to mean "all military-age males in a strike zone"

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.

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.

The 30-minute speech I gave last month at the Symphony Space in New York is now available on video, and is posted below in three YouTube segments (the first segment also contains the 4-minute introduction of my speech). The speech pertains to the evolution of my views on media criticism, the nature of media propaganda and what drives it, and what can be done to combat it. A DVD of the entire event -- featuring the three other speeches: from Amy Goodman, Noam Chomsky and Michael Moore -- is available at FAIR's website. I want to note one example, from today, that vividly illustrates many of the themes I discussed in that speech.  It is found in the following passage from this Reuters article on Obama's escalation of the covert war in Yemen and his targeting of U.S. citizen Anwar Awlaki for assassination: A U.S. official confirmed to Reuters that a U.S. strike last Friday killed Abu Ali al-Harithi, a midlevel al Qaeda operative, which followed last month's attempted strike against Anwar al-Awlaki, the leader of al Qaeda in the Arabian Peninsula. Whether Awlaki has any operational role in Al Qaeda at all is a matter of intense controversy.  The U.S. Government has repeatedly asserted that he does, but has presented no verifiable evidence to support that accusation.  But what is not in dispute is the notion that Awlaki is "the leader of al Qaeda in the Arabian Peninsula."  He unquestionably is not, and never has been, as multiple Yemen experts have repeatedly noted.  The Reuters claim is factually and entirely false. Whatever one's views are on Obama's assassination program, targeting U.S. citizens without due process obviously raises extraordinary and vitally important questions.  As The New York Times' Scott Shane put it when confirming Awlaki's inclusion on Obama's hit list: "The Obama administration has taken the extraordinary step of authorizing the targeted killing of an American citizen. . . . It is extremely rare, if not unprecedented, for an America