opensociety

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.

To all those in the United States currently occupying parks, squares and other spaces, your comrades in Cairo are watching you in solidarity. Having received so much advice from you about transitioning to democracy, we thought it's our turn to pass on some advice.

Just a few months ago, I wrote a piece for Adbusters that started with a conversation I'd had with an Egyptian activist friend named Dina: All these years," she said, "we've been organizing marches, rallies… And if only 45 people show up, you're depressed, if you get 300, you're happy. Then one day, 200,000 people show up. And you're incredulous: on some level, even though you didn't realize it, you'd given up thinking that you could actually win. As the Occupy Wall Street movement spreads across America, and even the world, I am suddenly beginning to understand a little of how she felt.

We feel instinctively that societies with huge income gaps are somehow going wrong. Richard Wilkinson charts the hard data on economic inequality, and shows what gets worse when rich and poor are too far apart: real effects on health, lifespan, even such basic values as trust.

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:

What would happen if we could generate power from our windowpanes? In this moving talk, entrepreneur Justin Hall-Tipping shows the materials that could make that possible, and how questioning our notion of 'normal' can lead to extraordinary breakthroughs.

Call it the austerity death trap. Under these circumstances, the harder a country works to cut its debt, the worse the ratio becomes - because the economy shrinks even faster. Greece is already in the trap. Spain and Italy are perilously close. Even Britain, France, and Germany are tip-toeing up to it. And now us. Deficit hawks have to understand: The first step must be to revive growth and jobs. That way, revenues increase and the debt/GDP ratio drops. Only then - when the economy is back on track - do you start cutting.

"If the American people ever allow private banks to control the issue of their currency, first by inflation and then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered." - Thomas Jefferson 1816

Two weeks after the U.S. killed American citizen Anwar Awlaki with a drone strike in Yemen - far from any battlefield and with no due process - it did the same to his 16-year-old son, Abdulrahman al-Awlaki, ending the teenager's life on Friday along with his 17-year-old cousin and seven other people. News reports, based on government sources, originally claimed that Awlaki's son was 21 years old and an Al Qaeda fighter (needless to say, as Terrorist often means: "anyone killed by the U.S."), but a birth certificate published by The Washington Post proved that he was born only 16 years ago in Denver. As The New Yorker's Amy Davidson wrote: "Looking at his birth certificate, one wonders what those assertions say either about the the quality of the government's evidence - or the honesty of its claims - and about our own capacity for self-deception." The boy's grandfather said that he and his cousin were at a barbecue and preparing to eat when the U.S. attacked them by air and ended their lives. There are two points worth making about this:

I'll have more coming out about this in a few days, but there have been two disgusting developments in the realm of plutocratic intervention on behalf of Wall Street that everyone protesting should take note of. The fact that both of the following things took place in the middle of the full fever of OWS, when everyone is supposedly trying to placate anti-banker sentiment and Obama and the DCCC are supposedly pledging support of the protesters, shows how completely bankrupt this system is and how necessary street-level protests have become. Popular uprising is probably the only move left to stop developments like the following:

I want to address the issue of "disruption," as Bloomberg is sending this issue out as a talking point brought up on Keith Olbermann's Coundown last night: the neighbors around Zuccotti Square, says Bloomberg, are feeling "disrupted" by the noise and visitors to the OWS protest, so he is going to crack down to "strike a balance" to address their complaints. Other OWS organizers have let me know that the Parks Department and various municipalities are trying to find a way to eject other protesters from public space on a similar basis of argument. Please, citizens of America - please, OWS - do not buy into this rhetorical framework: an absolute "right to be free of disruption" from First Amendment activity does not exist in a free republic. But the right to engage in peaceable disruption does exist.

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.

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