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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.

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.

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:

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.

The almost Open Data Policy Framework of New Zealand

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.

WARNING: Graphic and disturbing photos between 38:40 and 40:45. U.S. Army Ranger John Needham, who was awarded two purple hearts and three medals for heroism, wrote to military authorities in 2007 reporting war crimes that he witnessed being committed by his own command and fellow soldiers in Al Doura, Iraq. His charges were supported by atrocity photos which, in the public interest, are now released in this video. John paid a terrible price for his opposition to these acts. His story is tragic.  CBS reported obtaining an Army document from the Criminal Investigation Command suggestive of an investigation into these war crimes allegations. The Army's conclusion was that the "offense of War Crimes did not occur." However, CBS also stated that the report was "redacted and incomplete; 111 pages were withheld."  This video is placed with the context of Vice President, Dick Cheney, insistence that this nation's efforts "must go to the dark side;" which included ignoring the Geneva Conventions.  John's story is told, here, by his father, Michael Needham. It is produced in the spirit of the public interest and towards promoting justice and the rule of law.

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

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.

Speech from Viviane Reding Vice-President of the European Commission, responsible for Justice, Fundamental Rights and Citizenship Privacy matters. The European Data Protection and Privacy Conference Brussels, 30 November 2010

We no longer have freedom; there is only the appearance of freedom. We are consumed by an endless and vague war on terror in which the perfidiousness of our enemy, whose number, location and nature are never clearly defined, justifies the shredding of constitutional rights, torture, kidnapping, detentions without charges or trials and an occult-like battle against an absolute evil. And if you think the state intends to limit itself to the persecution of Muslims, especially once there is an increase in domestic unrest and instability, you know little about human history.

'President-Elect Obama's advisors feared in 2008 that authorities would revolt and that Republicans would block his policy agenda if he prosecuted Bush-era war crimes, according to a law school dean who served as one of Obama's top transition advisers.' Andrew Kreig, Justice Integrity Project

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.

"In just a few short months, we've witnessed people power in action. From the Middle East to the Midwest, movements have risen up to overturn tired dogma and challenge entrenched power. Many of us were inspired by these events. And many of us were surprised. Perhaps we were growing skeptical that people power could still work. Maybe we had forgotten a vital fact about our world: that bold citizens, united around a common mission, can still come together to create major change against enormous odds." - 350.org (April 7, 2011) "Even when people are willing to take action in concert to redistribute the pie, whether by Gandhian mobilization or use of force, this may resonate falsely, for the pie is disintegrating. Its recipe and ingredients are obsolete. And freedom attained in harsh austerity, characterized by intense competition for food, will be doubtful or of little comfort." - Jan Lundberg ("Social Justice Activists Must Take Into Account Ecological, Cultural, and Economic Transformation")

The most important moral and intellectual voices within a disintegrating society are slowly discredited when their nonviolent protests and calls for justice cannot alter intransigent and corrupt systems of power. The repeated acts of peaceful civil disobedience, efforts at electoral and political reform and the fight to protect the rule of law are dismissed as useless by an embittered, dispossessed and betrayed public. The demagogues and hatemongers, the purveyors of violence, easily seduce enraged and bewildered masses in the final stages of collapse with false promises of vengeance, new glory and moral renewal. And in the spiral downward the good among us are reviled as naive and ineffectual fools.

It's hard to think of another time when there has been such a gulf between intellectuals and activists; between theorists of revolution and its practitioners. Writers who for years have been publishing essays that sound like position papers for vast social movements that do not in fact exist seem seized with confusion or worse, dismissive contempt, now that real ones are everywhere emerging. It's particularly scandalous in the case of what's still, for no particularly good reason, referred to as the 'anti-globalization' movement, one that has in a mere two or three years managed to transform completely the sense of historical possibilities for millions across the planet. This may be the result of sheer ignorance, or of relying on what might be gleaned from such overtly hostile sources as the New York Times; then again, most of what's written even in progressive outlets seems largely to miss the point-or at least, rarely focuses on what participants in the movement really think is most important about it. As an anthropologist and active participant-particularly in the more radical, direct-action end of the movement-I may be able to clear up some common points of misunderstanding; but the news may not be gratefully received. Much of the hesitation, I suspect, lies in the reluctance of those who have long fancied themselves radicals of some sort to come to terms with the fact that they are really liberals: interested in expanding individual freedoms and pursuing social justice, but not in ways that would seriously challenge the existence of reigning institutions like capital or state. And even many of those who would like to see revolutionary change might not feel entirely happy about having to accept that most of the creative energy for radical politics is now coming from anarchism-a tradition that they have hitherto mostly dismissed-and that taking this movement seriously will necessarily also mean a respectful engagement with it. I am writing

The biggest problem facing direct action movements is that we don't know how to handle victory. This might seem an odd thing to say because of a lot of us haven't been feeling particularly victorious of late. Most anarchists today feel the global justice movement was kind of a blip: inspiring, certainly, while it lasted, but not a movement that succeeded either in putting down lasting organizational roots or transforming the contours of power in the world. The anti-war movement was even more frustrating, since anarchists and anarchist tactics were largely marginalized. The war will end, of course, but that's just because wars always do. No one is feeling they contributed much to it.

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.