Review of Sensing Injustice Michael E. Tigar

Prestige and honor: the legal life of Michael Tigar

In 1920, Clarence Darrow, America’s great “defender of the damned”, told a Chicago jury, in defence of freedom of speech: “You can only protect your liberties in this world by protecting the other man’s freedom. You can only be free if I am free”. Michael Tigar, in this account of his fifty years of legal practice, does not quote Darrow’s famous maxim, but he has surely lived by it.

After graduating first in his class at the University of California Berkeley School of Law in 1966, he embarked on a legal odyssey to defend victims of state persecution, from the free speech activists at Berkeley to the Chagos islanders displaced to make way for the American naval base on Diego Garcia. On the way, he represented nearly every American dissident whose name appeared on the FBI and CIA wanted lists. Despite the injustices Tigar witnessed, he retains his faith in American jurisprudence.

This memoir is also a modern history of American legal practice. In Tigar’s world there is no substitute for hard work, lengthy research of law and precedent, understanding the psychology of judges and juries, and putting the client first in all cases. For most of his career this has worked, though one of his regrets is that the government continues to use illegal electronic surveillance, despite statutes and judicial prohibitions against the practice. He has argued seven cases before the Supreme Court, and the reasoning in his briefs made their way into judicial history. He has taught law in California, Texas and elsewhere, assisted on cases in Africa and Israel, and written plays, including one about Clarence Darrow. Tigar is not self-effacing, admitting that one of his students wrote in an assessment that his ego was “as big as the Asian continent”.

Sensing Injustice is an adventure tale that makes the law seem as fascinating as any saga. Supreme Court Justice William O. Douglas wrote that Clarence Darrow, “working through the law, brought prestige and honor to it during a long era of intolerance”. The same can be said of Michael Tigar…

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Cautivos & Quichotte

Anything Can Happen

Notions of authorship, creator, and creatures, as well as of love, folly, and imagination, dominate Salman Rushdie’s and Ariel Dorfman’s retellings of Don Quixote.

“I don’t think I understand what Don Quixote is about, and I don’t think anybody knows what Don Quixote is about.”—Keith Dewhurst, author of the play Don Quixote (1982)

Miguel de Cervantes concluded The Ingenious Hidalgo Don Quixote of La Mancha in 1605 with a phrase in Italian from Ariosto’s Orlando Furioso: “Forse altro canterà con miglior plettro” (Perhaps another will sing with a better [guitar] pick). While his book was selling in record numbers, Cervantes turned to short stories and pastoral poetry. In 1614 the pseudonymous Alonzo Fernández de Avellaneda published an unauthorized sequel to Don Quixote, prompting a furioso Cervantes to publish his own second volume of the novel a year later. Attributing its authorship, as he had that of volume 1, to the mythical Arab scholar Cid Hamet Benengeli, Cervantes exacted revenge. In chapter 70, devils battered the presumptuous Fernández’s manuscript with tennis rackets so “that the very insides flew out of it”:

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The Quiet Americans – LRB review

Hush-Hush Boom-Boom

Alexander Cockburn​ blamed Ian Fleming for the creation of the CIA. Without Fleming, Cockburn wrote on the fiftieth anniversary of the first James Bond novel, ‘the Cold War would have ended in the early 1960s. We would have had no Vietnam, no Nixon, no Reagan and no Star Wars.’ As adjutant to Britain’s chief of naval intelligence, Lieutenant Commander Fleming undertook a secret mission to Washington in May 1941. He was ‘whisked off to a room in the new annexe of the embassy, locked in with a pen and paper and the necessities of life’, a colleague recalled, and there he wrote, ‘under armed guard around the clock, a document of some seventy pages covering every aspect of a giant secret intelligence and secret operational organisation’. This, the CIA’s official history reports, was the genesis of ‘the nation’s first peacetime, non-departmental intelligence organisation’.

Fleming delivered the report to William ‘Wild Bill’ Donovan, a much decorated First World War veteran who had been lobbying Roosevelt to establish an American spy agency separate from the Navy, War and State Departments. A month later Donovan submitted his ‘Memorandum of Establishment of Service of Strategic Information’ to the president. It recommended an organisation that would collect and analyse information and make it available to the president as commander-in-chief, and would also disseminate propaganda. It made no mention of covert operations. Donovan acknowledged his debt to Fleming by presenting him with a .38 Police Positive Colt revolver engraved ‘For Special Services’.

Scott Anderson recounts the careers of four OSS agents whose underground war against the Axis turned into a crusade to ‘roll back’ communism in Eastern Europe and Asia. One was Frank Wisner, a corporate lawyer who enlisted to work in naval intelligence early in 1941. When the US entered the war he was consigned to the tedium of the navy’s cable and censorship office in New York. Donovan rescued him from that backwater at the end of 1943 and sent him to monitor OSS’s Balkan operations, which were directed from Istanbul. OSS Istanbul was running an apparently successful espionage network, Operation Dogwood, but its intelligence, especially about bombing targets, had become increasingly flawed. OSS had yet to discover that the Germans had captured, tortured and turned some of its agents. Wisner found a shambles in Istanbul, where everyone knew that the OSS chief, Lanning ‘Packy’ MacFarland, was an American spy. MacFarland’s two lovers were reporting to German and Soviet intelligence. At least eight of OSS Istanbul’s 67 agents worked for Germany, while one driver was reporting to the Soviets and another to the Turks. ‘For weeks,’ Anderson writes, ‘Wisner worked nearly around the clock to try to reorganise the OSS Istanbul office, and to salvage the Dogwood intelligence network.’ Nothing was worth saving, and Wisner began to build a new network. Then, on 23 August 1944, King Michael of Romania ended his alliance with Germany…

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Ruling Assange Can’t Be Extradited Is an Indictment of US Prisons

But the British court judgment, which is likely to be appealed, also delivers a body blow to freedom of speech.

My junior year high school English teacher liked to tell a story about Henry David Thoreau and Ralph Waldo Emerson to illustrate the differences between America’s two great transcendentalist writers. Thoreau was jailed in 1846 for withholding taxes that paid for the invasion of Mexico and protected slave owners. Emerson came to speak to Thoreau through the bars of his cell. My teacher, with theatrical flair and stentorian voice, recounted the conversation:

‘Emerson: “What are you doing in there, Henry David?”
Thoreau: “The question is, what are you doing out there, Ralph Waldo?”’

We might ask ourselves what we are doing out here while Julian Assange remains “in there” at Belmarsh Maximum Security Prison in London…

Read Julian Assange In His Own Words

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Penn, Zenger, Assange

If Assange’s Fate Were Up To a Jury, He, Too, Might Have Walked Free

Like William Penn and John Peter Zenger, the Wikileaks founder is fighting for our freedom.

When the magistrate presiding last September at Julian Assange’s extradition hearing, Vanessa Baraitser, confined the defendant to a bullet-proof glass cage at the back of the court, she had precedent on her side. All who entered her courtroom at London’s Central Criminal Court, the Old Bailey, had to pass a plaque memorializing a case against another defender of free speech and thought…

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Free Julian Assange

Biden’s Choice on Julian Assange and the First Amendment

Assange’s liberty represents that of all journalists and publishers whose job is to expose government and corporate criminality without fear of prosecution.

When Joe Biden becomes president of the United States on January 20, a historic opportunity awaits him to demonstrate America’s commitment to the First Amendment. He can, in a stroke, reverse four years of White House persecution of journalism by withdrawing the application to extradite Julian Assange from Britain to the U.S. This would be in line with the departures from Trump policies Biden is proposing on health care, environmental protection, and tax fairness. Assange’s liberty represents the liberty of all journalists and publishers whose job is to expose government and corporate criminality without fear of prosecution. We need and deserve to be protected against government control of the press.

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Julian Assange

The Unprecedented and Illegal Campaign to Eliminate Julian Assange

Assange would never receive a fair trial in the U.S., but he’s not receiving one in Britain either. Over the 17 days of Julian Assange’s extradition hearing in London, prosecutors succeeded in proving both crimes and conspiracy. The culprit, however, was not Assange. Instead, the lawbreakers and conspirators turned out to be the British and American governments. Witness after witness detailed illegal measures to violate Assange’s right to a fair trial, destroy his health, assassinate his character, and imprison him in solitary confinement for the rest of his life.

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Notes on isolation, from those who know it well

The window was sealed behind a sheet of solid steel. The door was locked. Thick chains bound one arm and one ankle. The room was bare apart from a thin foam mat for a bed and a plastic bottle to pee into. I was alone.

That was the summer of 1987, when Hizbullah was holding me hostage in Lebanon. They had many other hostages, but I didn’t see them. In fact, I saw no one. When a guard came into the room, I had to put on a blindfold so that I couldn’t identify him. The only conversations I had were a few interrogations, when I was also blindfolded. The questioning involved threats and verbal abuse, but mercifully no torture. As unpleasant as they were, they broke the monotony. The rest of the time left me thinking, remembering, imagining. One way of relieving the loneliness was to pretend that one or another of my children was with me, each on a different day. I made chess pieces out of paper labels on water bottles to play with each one. Sometimes I let them win, or they beat me outright.

Although I never saw daylight, I was acutely aware of time. Every morning when I woke, I reminded myself of the date and thought, “This is day ten (or whatever other number it happened to be) of my captivity – and my last.” The only idea that sustained my morale was that somehow I would escape. After 62 days, I did.

Now, there is no escape. Where would I go? Most of the planet is locked down.

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Julian Assange

Free Julian Assange!

By depriving the WikiLeaks founder of his freedom, prosecutors in the US and Britain are intimidating journalists—and abetting torturers, war criminals, and kleptocrats everywhere.

If WikiLeaks did not exist, the public would know much less than it does about what government and politicians are doing in its name.

When a 35-year-old Australian named Julian Assange launched WikiLeaks with a few like-minded friends in 2006, he little knew what exposing malfeasance would cost him. The WikiLeaks model was simple: provide a safe repository for documents showing state and corporate wrongdoing while guaranteeing anonymity for the leaker. Newspapers were not necessarily safe for whistle-blowers, as British civil servant Sarah Tisdall discovered in 1983 when London’s The Guardian caved in to a court order and handed over documents that identified her as the source for its story on US cruise missile deployment in the UK. She went to prison for four months and lost her job…

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Abu Mahdi al-Muhandis at the funeral of Qasem Soleimani's father.

Reflections on the Life and Death of an Iraqi Militant

They buried Jamal Jaafar Ibrahimi in Najaf, Iraq, on Jan. 8. Although Ibrahimi was born far to the south in Basra province, Najaf was the chosen resting place for the reputed martyr. Najaf houses the Imam Ali mosque, an ancient and beautiful shrine in honor of Shiite Islam’s original martyr, Ali ibn Abi Talib, the Prophet Mohammed’s son-in-law. It attracts pilgrims from all over the Shiite world, many of whom in the future will no doubt be guided to Ibrahimi’s grave. The pilgrims will be reminded that American missiles killed the militia leader better known by his nom de guerre, Abu Mahdi al-Muhandis.

Al-Muhandis died in the early hours of Jan. 3 at Baghdad International Airport along with the man he had gone to greet, Iranian Maj. Gen. Qassem Soleimani, commander of the Islamic Revolutionary Guard Corps’ Quds Force. His assassination, perhaps more than Soleimani’s, increased local hostility to the U.S. presence in Iraq even among those opposed to Iranian interference in their domestic affairs. Unlike Soleimani, al-Muhandis was Iraqi, albeit with close familial and professional ties to Iran, and a government official. To Iraqis, the killing of al-Muhandis is equivalent to taking out Lt. Gen. Daniel Hokanson, director of the U.S. Army National Guard. The difference is that, while most Americans have never heard of Hokanson, every Iraqi knew about Abu Mahdi al-Muhandis…

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