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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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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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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Khaled Khalifa is Syria’s biographer, much as Gore Vidal declared himself America’s. While Vidal gave fictional life to Aaron Burr, Abraham Lincoln, William Randolph Hearst, and other American deities, Khalifa avoids real names: no Assad, father or son, only “the President”; no Baath, only “the Party”; Alawis are “the other sect,” Sunnis “our sect.” Yet their presence dominates the lives of his imagined characters, as in the real Syria.
Known in the Arab world primarily as the author of scripts for television and film, the fifty-five-year-old Khalifa has published five novels in Arabic, three of which have been sensitively translated by Leri Price. The first to appear in English was In Praise of Hatred, a complicated García Márquez–like chronicle of an unnamed, decaying family with aristocratic pretensions enduring the clandestine war between security forces and Islamist militants that erupted in Aleppo in the late 1970s. With its labyrinthine souks, decrepit stone palaces, medieval monuments, and heterogeneous populace, Aleppo serves as an apt setting for In Praise of Hatred’s unraveling mystery…
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December 7 was the anniversary of the Japanese attack on Pearl Harbor in 1941 and of the birth thirteen years earlier of Noam Chomsky. Pearl Harbor led to American global dominance at the same time as Chomsky’s insights into the nature of language were beginning to have an impact on linguistic theory, philosophy and psychology. Chomsky is also an outspoken critic of his country’s foreign policy. Expanding his critique of B. F. Skinner’s and W. V. O. Quine’s behaviourist determinism to the political realm, he has developed a libertarian and socialist vision of free will, opposition to concentrations of private and state power, and resistance to the abuse of power at home and abroad.
Throughout his adult life, from his moral opposition to America’s invasion of Vietnam to his country’s more recent adventures in Afghanistan and Iraq, Chomsky has argued that the US behaves much as its Spanish, British and French imperial predecessors once did. Moreover, he notes, the US has employed the same moral language to cover what appear to be global atrocities. Like Marlow in Heart of Darkness, he believes, “The conquest of the earth, which mostly means the taking it away from those who have a different complexion or slightly flatter noses than ourselves, is not a pretty thing when you look into it too much”. Those Chomsky has consistently condemned must feel that he has looked into it too damned much…
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The extraordinary life of war reporter Marie Colvin would have merited a biography even if she had survived the Syrian army’s bombardment of Homs in February 2012. Long before her fatal trip into the city’s rebel-held Baba Amr quarter, producers had proposed turning her life into an action-packed movie. It was only after her death that two films, a documentary and a drama, appeared. Now, Lindsey Hilsum has written the book “In Extremis: The Life and Death of the War Correspondent Marie Colvin,” and it is one of the best biographies I have read about any journalist. Colvin’s trajectory, personal as much as professional, was fascinating by any standard for the passion and turmoil that shadowed her from birth to untimely death. This is a great story, well told.
The controversy surrounding Colvin’s death partially overshadowed her achievements in life. Her family, friends, and Syrian opposition believe that the Syrian government assassinated her by targeting the Homs Media Center, where she and other correspondents were sending vivid reports of civilian suffering. Yet countervailing narratives persist. One is that the insurgents put journalists in harm’s way to create Western martyrs for their cause. Another is that Colvin and 28-year-old French photographer Rémi Ochlik were unlucky casualties of a military campaign that took thousands of civilian lives.
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“Hold the front page!” Editors have no doubt shouted those fabled words more often for Seymour Hersh than for any reporter living. Hersh – known to friends and colleagues as “Sy” – is a legend of my trade, born appropriately in that great newspaper town, Chicago, scene of sufficient political corruption and police brutality to sustain a dozen dailies. From his exposure of the My Lai massacre in 1969 and other war crimes by American forces in Vietnam to his recent accounts of official disinformation about Syria, Hersh broke from the pack to tell tales most of his colleagues avoided but which the public needed to know.
What a story. What a life. It’s hard to read this book without a tinge of envy and a lot of admiration for a poor kid from the South Side who watched friends go off to Harvard in the 1950s while he stayed to support his Polish-Jewish mother by running his late father’s dry cleaners. When his twin brother Allan finished his PhD and brought their mother to San Diego, Sy took an English degree and went to the University of California’s law school. Having been expelled for indolence, he got a job with the City News Bureau in Chicago, the windy city’s equivalent of Britain’s Press Association, where he learn the trade. The morning editor made young Hersh scrub his desk, and his beat involved reporting high school basketball scores. “Nonetheless,” he writes, “I was smitten.” Having been drafted into the army for six months of Stateside training in 1960, he returned to work on a suburban weekly, got fed up working for people he did not respect – a recurring theme in his career – and started the rival paper Evergreen park/Oak Lawn Dispatch with a few friends. “My idea of a solid story then was one that found a way to praise an advertiser”, Hersh admits.
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“For the law holds, that it is better that ten guilty persons escape, than that one innocent suffer,” wrote Sir William Blackstone in 1765, expressing a fundamental principle of Anglo-Saxon justice. Miko Peled, in “Injustice: The Story of the Holy Land Foundation Five,” his exhaustive study of the U.S. government’s case against five defendants from a friendless minority, demonstrates how American justice has deviated so far from Blackstone that the courts can convict a hundred innocents for one who is guilty. “Injustice” portrays a modern version of Franz Kafka’s “Trial” in which five Palestinian-Americans confront the character Joseph K.’s dilemma: “K. was living in a free country, after all, everywhere was at peace, all laws were decent and were upheld, who was it who dared accost him in his own home?”
The FBI, the Treasury Department, and other assorted police forces in Texas and California accosted them with raids on most of their family houses early in the morning on July 26, 2004. The criminal trial against the Holy Land Foundation Five — or HLF 5, as the five Arab-Americans became known, a reference to the Islamic charity they founded in 1990 — opened exactly three years later. It culminated in a hung jury. The retrial in Dallas federal court began in September 2008, and included unprecedented testimony from “Avi,” the pseudonym assumed by an Israeli intelligence agent whose qualifications the defense was unable to probe. Judge Jorge Solis, although he instructed jurors that they were allowed to weigh the agent’s credibility in light of his anonymity, nonetheless brushed aside the defendants’ right under the Sixth Amendment “to be confronted with the witnesses against him.” Nothing in the U.S. Constitution until then permitted conviction by anonymous accusations, but the court convicted all five men.
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Israel celebrates a double anniversary on May 15 this year, the founding of the state and the formal establishment of the Israeli Defense Forces, the name the state gave to its combined army, navy, and air force. Armed statehood fulfilled the political Zionists’ dream of gathering Jews from the ancient Diaspora under their own government in what they declared to be their “promised land.” During the battle over the land between 1947 and 1949, the IDF expelled three-quarters of the indigenous population. Of the 750,000 Palestinian Arabs who fled, 250,000 took shelter in Gaza, a tiny pocket of southwest Palestine then occupied by the Egyptian army. The destitute and traumatized refugees were three times more numerous than the 80,000 Gazans who took them in.
The United Nations passed but did not enforce annual resolutions calling for the refugees’ return. Israel invaded the territory in 1956, withdrew under American pressure in 1957, and invaded again in 1967. As its population grew to nearly 2 million souls packed into a pocket five miles wide and 40 miles long, Gaza has become a byword for misery. Former British Prime Minister David Cameron, no advocate of the Palestinian cause, called it “an open-air prison.”
In his new book, Gaza: An Inquest Into Its Martyrdom, Norman Finkelstein presents Gaza’s case like a veteran prosecutor at a homicide trial. “This book is not about Gaza,” he writes. “It is about what has been done to Gaza.”
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In the mid-1960s, television comedy writer Sol Weinstein produced a series of satirical novels about agent Israel Bond of M 33 and 1/3, a barely disguised Mossad.
As Ronen Bergman makes clear in his penetrating exposé of Israel’s mostly secret assassination program, “Rise and Kill First: The Secret History of Israel’s Targeted Assassinations,” the agents who Israel sent out to murder its enemies were never very funny. Israel is a rarity among nations: Rather than confine its assassins to the shadows, it promotes them to prime minister. Bergman’s history records extra-judicial, face-to-face murders by Menachem Begin, Yitzak Shamir, Ariel Sharon, and Ehud Barak, all of whom rose to head the Israeli government. This meticulously researched book, written over seven and a half years, exposes a state apparatus that blurs distinctions between intelligence-gathering and operations, soldiers and assassins, politicians and killers, yet claims more triumphs than defeats.
Bergman, an Israeli former lawyer and investigative journalist, charts not only the details of assassinations over the past century, but also the corrupting effect of relying on the black to the exclusion of diplomacy and compromise. Why negotiate with your enemies when it’s so easy to kill them?
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