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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:

Consider Paul Allen, 55, a former mortgage CEO who defrauded lenders of over $3 billion. This week, prosecutors celebrated the fact they got him a 40-month prison sentence. Consider Roy Brown, 54, a hungry homeless man who robbed a Louisiana bank of $100 - the teller gave him more but he handed the rest back. He felt bad the next day and surrendered to police. He got 15 years. Justice in America has a ways to go.

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

Over 30,000 People Rally in New York City (NYPD estimated 32,500), including organized contingents of workers, students, and other members of "the 99%" Actions in at least 30 cities across the country and around the world Commemoration of 2-Months Since Birth of the 99% Movement, Festival of Lights on Brooklyn Bridge Blockade of all Entry-Points to NYSE; hundreds participate in nonviolence civil disobedience Sense that a powerful and diverse civic movement for social justice is on the ascent

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 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.