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A coalition of 295 legal scholars from universities around the world have signed a letter protesting the torture of Bradley Manning, and published this week in the New York Review of Books. Composed and drafted by Bruce Ackerman, of Yale Law School, and Yochai Benkler, of Harvard, the letter details his treatment, and points out that it is a violation of both the Eighth and Fifth Amendments. "If continued," the letter states, "it may well amount to a violation of the criminal statute against torture, defined as, among other things, 'the administration or application…of… procedures calculated to disrupt profoundly the senses or the personality.'"

'So is this new war all about oil or all about banking? Maybe both - and water as well. With energy, water, and ample credit to develop the infrastructure to access them, a nation can be free of the grip of foreign creditors. And that may be the real threat of Libya: it could show the world what is 

Afghanistan may be the graveyard of empires, but Iraq is home to a graveyard sense of humor. Iraqis wonder aloud whether the U.S. and Britain would have invaded Iraq if its main export had been cabbages instead of oil. However obvious the answer, a remarkable array of American pundits and pseudo-savants have resisted giving the oil factor any pride of place among the motives behind the U.S./U.K. decision to invade Iraq in 2003. To this day, the Fawning Corporate Media (FCM) continues to play its accustomed role as government accomplice suppressing unwelcome news. So, if you don't tune in to Amy Goodman's Democracy Now or read the British press, you would have missed the latest documentary evidence showing that Great Britain's Lords and Ladies lied about how big oil companies, like BP, lusted after Iraqi oil in the months leading up to the attack on Iraq. Oil researcher Greg Muttitt's new book Fuel on Fire: Oil and Politics in Occupied Iraq presents that evidence, since Muttitt had better luck than his American counterparts in getting responses to his Freedom of Information requests. After a five-year struggle, he obtained more than 1,000 official documents which - how to say this - do not reflect well on the peerage, the captains of the oil industry, and the government of Tony Blair.

Well, that didn't take long. It may have taken nearly a decade to find and kill Osama bin Laden, but it took less than twenty-four hours for torture apologists to claim credit for his downfall.

The Register of Deeds of South Essex County, Mass. is waging war on the banks over predatory lending and mortgage fraud (via Total Mortgage). John O'Brien's case hinges on the fact that the MERS system set up to expedite the bundling of mortgage backed securities skirted numerous local transaction fees. O'Brien figures his town lost as much as $22 million in revenue since 1998. To get some of it back he commissioned an audit of 2010 mortgage assignments. 16% of the assignments were valid, 75% were invalid, and 9% were deemed questionable. Of those that are invalid, 27% were fraudulent, 35% showed evidence of robo-signing, and 10% violated the Massachusetts Mortgage Fraud Statute. The proper owner of the mortgages could only be determined 60% of the time. In a release by his office O'Brien said: "This evidence has made it clear to me that the only way we can ever determine the total economic loss and the amount damage done to the taxpayers is by conducting a full forensic audit of all registry of deeds in Massachusetts. I suspect that at the end of the day we are going to find that the taxpayers have been bilked in this state alone of over 400 million dollars not including the accrued interest plus costs and penalties. The Audit makes the finding that this was not only a MERS problem, but a scheme also perpetuated by MERS shareholder banks such Bank of America, Wells Fargo, JP Morgan and others. I am stunned and appalled by the fact that America's biggest banks have played fast and loose with people's biggest asset - their homes.  This is disgusting, and this is criminal."

United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2-1 vote: " The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power. On the contrary, it is pragmatically useful to structure instructions in such wise that the jury must feel strongly about the values involved in the case, so strongly that it must itself identify the case as establishing a call of high conscience, and must independently initiate and undertake an act in contravention of the established instructions. This requirement of independent jury conception confines the happening of the lawless jury to the occasional instance that does not violate, and viewed as an exception may even enhance, the over-all normative effect of the rule of law. An explicit instruction to a jury conveys an implied approval that runs the risk of degrading the legal structure requisite for true freedom, for an ordered liberty that protects against anarchy as well as tyranny. " Nonetheless, the defendants were given a new trial on the grounds that they had been denied their right of self-representation.[1] The Circuit Judges' assumption that jurors know about their nullification prerogative has since been brought into question by other empirical evidence.[2] According to Irwin Horowitz, "Beyond the empirical issue, lack of nullification instructions maintains a deceit. After all, juries can nullify, but they know this fact only on a so

Michael Lerner (ML): You have made many excellent analyses of the power of global capital and its capacity to undermine ordinary citizens' efforts to transform the global reality toward a more humane and generous world. If there were a serious movement in the U.S. ready to challenge global capital, what should such a movement do? Or is it, as many believe, hopeless, given the power of capital to control the media, undermine democratic movements, and use the police/military power and the co-optive power of mass entertainment, endless spectacle, and financial compensations for many of the smartest people coming up through working-class and middle-income routes? What path is rational for a movement seeking to build a world of environmental sanity, social justice, and peace, yet facing such a sophisticated, powerful, and well-organized social order?

The Obama administration appears to have given a green light to an Israeli attack on an unarmed flotilla carrying peace and human rights activists - including a vessel with 50 Americans on board - bound for the besieged Gaza Strip. At a press conference on June 24, Secretary of State Hillary Clinton criticized the flotilla organized by the Free Gaza Campaign by saying it would "provoke actions by entering into Israeli waters and creating a situation in which the Israelis have the right to defend themselves." Clinton did not explain why a country had "the right to defend themselves" against ships which are clearly no threat. Not only have organizers of the flotilla gone to great steps to ensure are there no weapons on board, the only cargo bound for Gaza on the US ship are letters of solidarity to the Palestinians in that besieged enclave who have suffered under devastating Israeli bombardments, a crippling blockade, and a right-wing Islamist government. Nor did Clinton explain why the State Department suddenly considers the Mediterranean Sea off the coast of the port of Gaza to be "Israeli waters," when the entire international community recognizes Israeli territorial waters as being well to the northeast of the ships' intended route.

We are at a pivotal moment in American history, and many Americans watching the deficit talks in Washington are confused, perplexed, angry and frustrated. This country, which has paid its debts from Day 1, must pay its debts. Anyone who says it is not a big deal for this country to default clearly does not understand what he or she is talking about. This is a nation whose faith and credit has been the gold standard of countries throughout the world. Some people simply say we're not going to pay our debt, that there's nothing to really worry about. Those are people who are wishing our economy harm for political reasons, and those are people whose attitudes will have terrible consequences for virtually every working family in this country in terms of higher interest rates, in terms of significant job loss, in terms of making a very unstable global economy even more unstable. Our right-wing friends in the House of Representatives have given us an option. What they have said is end Medicare as we know it and force elderly people, many of whom don't have the money, to pay substantially more for their health care. So when you're 70 under their plan and you get sick and you don't have a whole lot of income, we don't know what happens to you. They forget to tell us that if their plan was passed you're going to have to pay a heck of a lot more for the prescription drugs you're getting today. They we're going to throw millions of kids off health insurance. If your mom or dad is in a nursing home and that nursing home bill is paid significantly by Medicaid and Medicaid isn't paying anymore, they forgot to tell us what happens to your mom or dad in that nursing home. What happens? And what happens today if you are unemployed and you're not able to get unemployment extension? What happens if you are a middle-class family desperately trying to send their kids to college and you make savage cuts to Pell grants and you can't go to college? What does it mean for the nation if we

Judging from the skittishness of both markets and "consensus expectations," the United States' economic prospects are confusing. One day, the country is on the brink of a double-dip recession; the next, it is on the verge of a turbo-charged recovery, powered by resilient consumers and US multinationals starting to deploy, at long last, their massive cash reserves. In the process, markets take investors on a wild rollercoaster ride, with the European crisis (riddled with even more confusion and volatility) serving to aggravate their queasiness. This situation is both understandable and increasingly unsettling for America's well-being and that of the global economy. It reflects the impact of fundamental (and historic) economic and financial re-alignments, insufficient policy responses, and system-wide rigidities that frustrate structural change. As a result, there are now legitimate questions about the underlying functioning of the US economy and, therefore, its evolution in the months and years ahead.

How did America come to accept having two classes of citizens?  When did America give up on the dream of fairness for all? Last night after the television show, I got the chance to sit down with Glenn Greenwald to discuss his new book, With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful. Unfairness in America is nothing new.  In fact, it is perfectly acceptable in this culture for us to admire those who we see as becoming successful and powerful by creating value.  At the same time, Americans accept unfairness with one explicit caveat: that each of us has the chance to be one of those people - that each of us has the opportunity to become successful. What Americans are rejecting now is not wealth disparity, but the corrupt and unethical way so much of the money in this country is now being made, with our government, more often than not, simply looking the other way. Well, Americans are saying "no more" to our government explicitly agreeing to legalize and codify that destructive behavior, protecting powerful political and financial elites while prosecuting ordinary Americans over trivial offenses. We are beginning to see a rejection of this unfairness at Occupy Wall Street and other national reform-based movements.  

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:

THIS DEMOCRAT RECESSION