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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review April 21, 2011 / 17 Nissan, 5771

Real justice comes from real courts

By Nat Hentoff




http://www.JewishWorldReview.com | When President Obama and Eric Holder succumbed to fierce bipartisan resistance to trying Khalid Shaikh Mohammed and four other charged defendants -- for the 9/11 massacre of Americans -- in our civilian federal court system, they were defied by Michael Daly, a stubbornly independent columnist for the New York Daily News:

"The only right way" to bring them to justice, he wrote, "was with the very system they sought to destroy and so many courageous Americans have died defending. Instead, we ... lost faith in our own courts and laws" (April 5). As Amnesty International reminds us, "Real justice comes from real courts."

On the same day, a lead editorial in the newspaper that employs Michael Daly insisted: "Trying KSM in civilian courts could have been a disaster, given their strict rules of evidence." Evidence extracted by torture is indeed not accepted in our constitutional civilian courts.

Inadvertently, Michael Daly's employers sustain his insistency that this should still be America, even when trying KSM.

The president explained his turnaround by emphasizing that Congress had passed a defense appropriations bill forbidding the use of federal funds to transfer any prisoners from Guantanamo to the United States, including to a civilian court.

Obama, murmuring that this congressional action was unconstitutional, nonetheless signed the bill. That reminded me of then-Sen. Obama's solemn pledge that he would filibuster a Bush-administration measure extending and deepening government electronic surveillance of our personal communications.

Once in the White House, however, Obama, along with his attorney general, have stoutly supported that very law.

In any case, KSM and the others will now be before a judge and jury of military officers in a Guantanamo military tribunal. What I did not know until New York Post reporter Geoff Earle disclosed a rule "buried in a 2010 (Guantanamo military commission) procedural manual" that gives Obama ultimate authority over these very high-level defendants: If they're convicted, "A punishment of death may be ordered executed only by the President" (New York Post, April 6).

All too obviously, since 9/11, George W. Bush and Barack Obama have scorned the Constitution's mandatory separation of powers. But where in the Constitution of the United States did the founders make our president the chief executioner of a defendant tried in a court far from our shores and -- as Michael Daly and a good many other constitutionalists insist -- far from our laws?

After all, why did President George W. Bush choose Guantanamo for suspected terrorists ("enemy combatants," he called them) to be imprisoned and tried? Whose rule of law was he avoiding? How far away can our rule of law be stretched? In what America is becoming, should that depend on whom you elect as president? In this battle over where KSM must be tried, present leaders of both political parties -- as did George W. Bush, Donald Rumsfeld and Dick Cheney -- chose Guantanamo.

Getting back to KSM's personal future, he has indicated he might -- desiring to be a martyr -- plead guilty. What then?

Republican Sens. John McCain and Lindsey Graham, as Geoff Earl reports, have an answer. They "have proposed legislation to clarify that defendants like Mohammed could still be executed if they choose to plead guilty and avoid trial."

Yet, the very day after 9/11, President Bush pledged: "We will not allow the enemy to win the war by changing our way of life or restricting our freedoms."

Or by changing our Constitution?

I expect that Osama bin Laden may be watching some of this. Although he gloried in 9/11, he has not succeeded in making us part of his caliphate. But he has, by that atrocity, led some of us to submerge our constitutional roots as Americans.

President Obama has changed the description of what George W. Bush condemned as "enemy combatants" or "unlawful enemy combatants." Under Obama, they are now "unprivileged enemy belligerents." Huh?

In view of the military commission's lower standards of admissible testimony and other proof of guilt, the Guantanamo prisoners are still not privileged to have the standard American protections of due process -- the core of our system of justice -- where not only KSM and his four colleagues are headed but who knows what other suspected terrorists will be sent to Guantanamo that Obama promised to close.

Using the Bush way of dragnetting such prisoners, in a letter written in the April 6 Wall Street Journal, Keith Allred, demanded: "There is no good reason why unlawful combatants should not be tried" by military courts.

Responding, Timothy Lynch of the Cato Institute, where I am a senior fellow, asked (April 11): "Come again? I had thought the purpose of the trial was to determine whether the defendant (actually) was an unlawful combatant, but Mr. Allred seems to have presumed guilt before any defense has been presented." He is joined in this presumption of guilt by many members of Congress and commentators in all media.

Isn't that also how much of the world regards the American system of justice there? As an inmate held at Guantanamo for years finally concluded, "There's no law here." Do you doubt that James Madison, Thomas Jefferson and Samuel Adams would agree with him that our law is not there?

Next week: But to what extent have our civilian courts already been corrupted by Guantanamo as we look at their failures to respect the fundamental habeas corpus rights finally given to the inmates by the Supreme Court?

Is this still America?

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Nat Hentoff is a nationally renowned authority on the First Amendment and the Bill of Rights and author of several books, including his current work, "The War on the Bill of Rights and the Gathering Resistance". Comment by clicking here.

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