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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.

Glenn Greenwald is an attorney and the author of three books: How Would a Patriot Act?, A Tragic Legacy, and Great American Hypocrites. In 2009, he received an Izzy Award by the Park Center for Independent Media for his "pathbreaking journalistic courage and persistence in confronting conventional wisdom, official deception, and controversial issues." He also received an Online Journalism Award in 2010 for Best Commentary for his coverage of U.S. Army Private Bradley Manning. Greenwald is a columnist and blogger at Salon.com and has contributed to several newspapers and political news magazines. You may learn more about this event on the Lannan website. Right click here to download. Length: 1:01:51; Size: 751 MB

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.  

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.

Many of the commenters I admire most have been saying that the Left/Right dichotomy is inadequate to explain current dynamics and that Insider/Outsider along with Incrementalist/Radical are better descriptors. Glenn Greenwald notes this pitch perfect:

Anyone outside the two parties' orthodoxies is deemed "crazy," but how sane are the two parties?. News and views from Glenn Greenwald

72% of Guantanamo detainees whose cases have been heard by a federal court have been ordered released. News and views from Glenn Greenwald

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Jeffrey Goldberg responded yesterday to my post detailing his long list of journalistic malfeasance by telling me that he and the Prime Minister of Iraqi Kuridstan would like me to travel there to hear how much the Kurds appreciate the U.S. invasion of Iraq. Leaving aside the complete non sequitur that is his response -- how does that remotely pertain to Goldberg's granting of anonymity to his friends to smear people they don't like or the serial fear-mongering fabrications he spread about the Saddam threat prior to the invasion? -- I don't need to travel to Kurdistan to know that many Kurds, probably most, are happy that the U.S. attacked Iraq. For that minority in Northern Iraq, what's not to like? They had foreign countries (the U.S. and its "partners") expend their citizens' lives and treasure to rid the Kurds of their hated enemy; they received semi-autonomy, substantial oil revenues, a thriving relationship with Israel, and real political power; the overwhelming majority of the hundreds of thousands of Iraqis whose lives were snuffed out and the millions of people displaced by the war were not Kurds, and most of the destruction took place in Central and Southern Iraq away from their towns and homes, while they remain largely free of the emergent police state tactics of the current Iraqi government. As Ali Gharib put it to Goldberg: "there are at least 600,000 Iraqis who, I imagine, are not too thrilled about the way it all turned out and with whom Greenwald will never get a meeting."

"Glen Greenwald, political blogger for Salon.com, discusses U.S. President Barack Obama's speech announcing the end of combat operations in Iraq with the CBC's Erica Johnson"

Below are three clips -- first, the exchange [Glenn Greenwald] had with Kagan defender (and former Obama White House counsel) Greg Craig regarding Kagan's lack of known views on most issues, followed by the two full, unedited segments of the roundtable. Craig's inability to identify any specific views which Kagan has on the critical issues I asked about has been replicated by numerous other Kagan defenders:

Glenn Greenwald speaks at ACLU Boston 2011

Pentagon investigators are reportedly still searching for Wikileaks co-founder Julian Assange, who helped release a classified US military video showing a US helicopter gunship indiscriminately firing on Iraqi civilians. The US military recently arrested Army Specialist Bradley Manning, who may have passed on the video to Wikileaks. Manning's arrest and the hunt for Assange have put the spotlight on the Obama administration's campaign against whistleblowers and leakers of classified information. We speak to Daniel Ellsberg, who's leaking of the Pentagon Papers has made him perhaps the nation's most famous whistleblower; Birgitta Jónsdóttir, a member of the Icelandic Parliament who has collaborated with Wikileaks and drafted a new Icelandic law protecting investigative journalists; and Glenn Greenwald, political and legal blogger for Salon.com. [includes rush transcript]

"Q. How does your background as a constitutional law and civil rights litigator inform the way you approach research and writing as a journalist? One of the primary skills one learns as a litigator is to make one's case by beginning with first premises, establishing their truth with evidence, and then compelling the conclusions you want others to reach. That's how I try to write now. I think that if you want to make an argument, there's an obligation to lay out the premises for it, provide evidence for it, allow readers to assess the documentation for themselves. That belief probably comes from the way judges and juries need to be persuaded that an argument is true. Beyond that, I chose to litigate constitutional and civil rights cases, and to represent plaintiffs, because I wanted to use my abilities to empower those who are vulnerable and powerless and who are being mistreated by the powerful. That, to me, is a primary purpose of the Constitution itself, and, when done correctly, a core purpose of journalism. That's what I try to do now as well in the work I do. I'd much rather be at war with corrupt elites than serving their interests."