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Legal Action

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‘Imperial presidency’ hearing to feature 13 witnesses

Nick Juliano
July 24, 2008

Kucinich, Barr, Bugliosi among those testifying

The House Judiciary Committee has released a witness list for its hearing to examine “the imperial presidency” of George W. Bush.

Testifying Friday morning will be Rep. Dennis Kucinich, who has introduced several resolutions calling for President Bush’s and Vice President Dick Cheney’s impeachment; former Rep. Bob Barr, the Libertarian presidential candidate who led the charge to impeach Bill Clinton in 1998; Vincent Bugliosi, author of the just-released book The Prosecution of George W. Bush for Murder; and 10 other current and former members of Congress, constitutional experts and human rights activists.

The hearing, which was announced last week, seems to be the one Judiciary Chairman John Conyers promised to Kucinich after he introduced his second impeachment resolution aimed at Bush earlier this month. Any action on Kucinich’s articles of impeachment still seems unlikely, but the Ohio Democrat has previously said he just wants to be able to present his case.

Late Thursday afternoon, the committee released the full witness list, broken down into two panels.

Panel One

The Honorable Dennis Kucinich, Representative from Ohio
The Honorable Maurice Hinchey, Representative from New York
The Honorable Walter Jones, Representative from North Carolina
The Honorable Brad Miller, Representative from North Carolina

Panel Two

The Honorable Elizabeth Holtzman, Former Representative from
New York
The Honorable Bob Barr, Former Representative from Georgia,
2008 Libertarian Nominee for President
The Honorable Ross C. “Rocky” Anderson, Founder and President, High Roads for Human Rights
Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law
Bruce Fein, Associate Deputy Attorney General, 1981-82, Chairman, American Freedom Agenda
Vincent Bugliosi, Author and former Los Angeles County Prosecutor
Jeremy A.

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Bush’s Mass Pardons Predicted

By Brent Budowsky
July 26, 2008
Consortiumnews.com

Consortiumnews Editor’s Note: As his presidency nears its end, George W. Bush will be faced with a tough choice: either run the risk, along with many of his top aides, of future prosecution for a variety of crimes from the “war on terror” — or fashion a mass pardon for all those involved.

In this guest essay, former Democratic congressional aide Brent Budowsky predicts that Bush will take the latter course, even outdoing his father’s lame-duck Iran-Contra pardons in 1992:

Before leaving office George W. Bush will issue a mass pardon, the largest collection of presidential pardons in American history.

Bush will pardon himself, Vice President Cheney, and a long list of officials involved in torture, eavesdropping, destruction of evidence, the CIA leak case, and a range of other potential crimes.

As George Bush signs the pardons and boards the helicopter to depart Washington as his presidency finally ends, even then he and those pardoned will worry about the statute of limitations.

There is an important point to this, often not recognized in official Washington during the Bush years: When the unthinkable became a way of life, acts were committed that defied constitutional and legal principles in ways never done by an American president.

Torture alone violates international law, domestic law, criminal statutes, and American principles that date back to George Washington.

Eavesdropping without court order violates a statute, FISA, that includes severe criminal penalties. If the courts ultimately conclude that these laws… Continue reading

9/11 Victims Target Saudis With Deep State Ties

by P. Devlin Buckley
September 5, 2008
The American Monitor

Law firms representing victims of the 9/11 attacks in an ongoing legal dispute with wealthy Saudis suspected of financing al-Qaeda have recently turned their attention to two individuals with unique ties to the U.S. government.

Lawyers for victims of the attacks, as well as insurance companies of property owners in New York, have filed a motion of discovery in federal district court in Manhattan targeting the Saudi-owned National Commercial Bank (NCB) and two of its former executives, Khalid bin Mahfouz and Yassin al-Qadi.

Both Mahfouz and al-Qadi have a murky history that includes alleged ties to the CIA, the White House, the Bush family, al-Qaeda, and organized crime on a global scale.

The discovery motion, if granted, would advance the case by requiring both sides to disclose and exchange all available pertinent facts regarding the defendants. The motion comes just days after a circuit court ruled members of the Saudi government are immune from terrorism lawsuits in the United States, a setback in the plaintiffs’ case against Saudis suspected of financing al-Qaeda in the years leading up to 9/11. There are some defendants, however, the ruling does not protect, including Khalid bin Mahfouz, Yassin al-Qadi, and the NCB.

Government documents, expert testimony, and media reports dating back several years suggest Mahfouz and al-Qadi have raised millions of dollars for al-Qaeda and other militant groups. Evidence indicates some of the defendants’ activities were sanctioned by the U.S. government.

During the late… Continue reading

Andover law school convenes Bush War Crimes Conference – WATCH LIVE

by Stephen C. Webster
Saturday, September 13, 2008

PROGRAM WILL RETURN SUNDAY, 9 A.M. Eastern

Saturday morning, the dean of Massachusetts School of Law at Andover will convene a two day planning session with a single focus: To arrest, put to trial and carry out sentence on criminals in the Bush Administration.

The conference, arranged by Lawrence Vevel, cofounder of the Andover school, will focus on which of Bush’s officials and members of Congress could be charged with war crimes. The plan also calls for “necessary organizational structures” to be established, with the purpose of pursuing the guilty “to the ends of the Earth.”

“For Bush, Richard Cheney, Donald Rumsfeld, and John Yoo to spend years in jail or go to the gallows for their crimes would be a powerful lesson to future American leaders,” Velvel said in a media advisory.

In a published document entitled “The Long Term View” (PDF link), Vevel argues, at the very least, “there is no question” George W. Bush is guilty of conspiracy to commit torture, a war crime.

“He is a former drunk, was a serial failure in business who had to repeatedly be bailed out by daddy’s friends and wanna-be-friends, was unable to speak articulately despite the finest education(s) that money and influence can buy, has a dislike of reading, so that 100-page memos have to be boiled down to one page for him, is heedless of facts and evidence, and appears not even to know the meaning of truth,” said Vevel.…

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Court Rules Patriot Act’s ‘National Security Letter’ Gag Provisions Unconstitutional

Image of ACLU banner

Court Rules Patriot Act’s “National Security Letter” Gag Provisions Unconstitutional (12/15/2008)

ACLU Hails Victory In Challenge To Government’s Power To Silence NSL Recipients

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK — A federal appeals court today upheld, in part, a decision striking down provisions of the Patriot Act that prevent national security letter (NSL) recipients from speaking out about the secret records demands. The decision comes in an American Civil Liberties Union and New York Civil Liberties Union lawsuit challenging the FBI’s authority to use NSLs to demand sensitive and private customer records from Internet Service Providers and then forbid them from discussing the requests. Siding with the ACLU, the U.S. Court of Appeals for the Second Circuit found that the statute’s gag provisions violate the First Amendment.

“We are gratified that the appeals court found that the FBI cannot silence people with complete disregard for the First Amendment simply by saying the words ‘national security,'” said Melissa Goodman, staff attorney with the ACLU National Security Project. “This is a major victory for the rule of law. The court recognized the need for judicial oversight of the government’s dangerous gag power and rejected the Bush administration’s position that the courts should just rubber-stamp these gag orders. By upholding the critical check of judicial review, the FBI can no longer use this incredible power to hide abuse of its intrusive Patriot Act surveillance powers and silence critics.”

The appeals court invalidated parts of the statute that wrongly placed the… Continue reading

Career Army officer sues Rumsfeld, Cheney, saying no evacuation order given on 9/11

Stephen C. Webster
RawStory.com

A career Army officer who survived the attacks of Sept. 11, 2001, claims that no evacuation was ordered inside the Pentagon, despite flight controllers calling in warnings of approaching hijacked aircraft nearly 20 minutes before the building was struck.

According to a time-line of the attacks, the Federal Aviation Administration notified NORAD that American Airlines Flight 77 had been hijacked at 9:24 a.m. The Pentagon was not struck until 9:43 a.m.

On behalf of retired Army officer April Gallop, California attorney William Veale has filed a civil suit against former Secretary of Defense Donald Rumsfeld, Vice President Dick Cheney and former US Air Force General Richard Myers, who was acting chairman of the joint chiefs on 9/11. It alleges they engaged in conspiracy to facilitate the terrorist attacks and purposefully failed to warn those inside the Pentagon, contributing to injuries she and her two-month-old son incurred.

“The ex-G.I. plaintiff alleges she has been denied government support since then, because she raised ‘painful questions’ about the inexplicable failure of military defenses at the Pentagon that day, and especially the failure of officials to warn and evacuate the occupants of the building when they knew the attack was imminent” said Veale in a media advisory.

Gallop also says she heard two loud explosions, and does not believe that a Boeing 757 hit the building. Her son sustained a serious brain injury, and Gallop herself was knocked unconscious after the roof collapsed onto her office.

The suit also named… Continue reading

Cold War vets sue over alleged germ experiments

By Paul Elias
Associated Press
January 7, 2009

SAN FRANCISCO — Six veterans who claim they were exposed to dangerous chemicals, germs and mind-altering drugs during Cold War experiments sued the CIA, Department of Defense and other agencies today.

The vets volunteered for military experiments they say were part of a wide-ranging program started in the 1950s to test nerve agents, biological weapons and mind-control techniques.

They allege in their lawsuit filed in San Francisco federal court that they were never properly informed of the nature of the experiments and are in poor health because of their exposure. They are demanding health care and a court ruling that the program was illegal because it failed to obtain their consent.

Marie Harf, a CIA spokeswoman, declined to comment on the lawsuit, which seeks class action status on behalf of all participants allegedly exposed to harmful experiments without their knowledge.

At least 7,800 U.S. military personnel served as volunteers to test experimental drugs such as LSD at the Edgewood Arsenal near Baltimore, Md., during a program that lasted into the 1970s, the lawsuit said. Many others volunteered for similar experiments at other locations,  according to the lawsuit.

“In virtually all cases, troops served in the same capacity as laboratory rats or guinea pigs,” the lawsuit said.

One notorious CIA project from the 1950s and 1960s, code-named MK-ULTRA, involved brainwashing and administering experimental drugs like LSD to unsuspecting individuals. The project was the target of at least three Congressional inquiries in the 1970s,… Continue reading

Statement on Prosecution of Former High Officials

We urge Attorney General Eric Holder to appoint a non-partisan independent Special Counsel to immediately commence a prosecutorial investigation into the most serious alleged crimes of former President George W. Bush, former Vice President Richard B. Cheney, the attorneys formerly employed by the Department of Justice whose memos sought to justify torture, and other former top officials of the Bush Administration.

Show Editor’s Note »

UPDATE 2/27/09 6pm: In response to the many email questions we’ve received asking why we have not endorsed this call for a Special Prosecutor: On 2/24, when this statement/petition was posted at AfterDowningStreet.org, 911truth.org immediately signed on as an endorsing organization via the signup at that site. As of now, our name does not appear on that list. Nonetheless, we did submit endorsement. We are not, yet, encouraging 9/11 truth advocates to politely contact David Swanson asking him why he would permanently post a video statement from Willie Rodriguez on the front page of his site, yet continue to ignore/ban the burgeoning 9/11 truth movement from being heard as the powerful voice we are, in calling for truth and accountability. We believe that Mr. Swanson is acting in good faith, all in all, and will post our endorsement with the others on the list shortly.

Our laws, and treaties that under Article VI of our Constitution are the supreme law of the land, require the prosecution of crimes that strong evidence suggests these individuals have committed. Both the former president and the former vice president have confessed to authorizing a torture procedure that is illegal under our law and treaty obligations.…

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Guantánamo detainees say they planned September 11: report & excerpts

March 10, 2009

WASHINGTON (Reuters) — The five detainees at the U.S. Guantánamo Bay
prison camp charged with plotting the September 11 attacks have filed a document
expressing pride at their accomplishment and accepting responsibility for the
deaths of nearly 3,000 people, The New York Times reported on Monday.

The document, which the newspaper said may be released publicly on Tuesday,
describes the five men as the “9/11 Shura Council,” and says their
actions were an offering to God, according to excerpts of the document read
to a reporter by an unidentified government official, the report said.

“‘To us,’ the official read, ‘they are not accusations. To us they are
a badge of honor, which we carry with honor,'” the paper said.

The document is titled “The Islamic Response to the Government’s Nine
Accusations,” the military judge at the U.S. Naval base said in a separate
filing, obtained by the Times, that described the detainees’ document.

The document was filed on behalf of the five men, including Khalid Sheik Mohammed,
who has called himself the mastermind of the attacks.

Some of the men had said earlier that they planned the 2001 attacks and that
they wanted to be martyrs. The reason for the new filing, which the report said
reached the military court on March 5, was not clear. The brief court order
describing the filing said the men sought no legal action.

(Writing by Patricia Zengerle; editing by Mohammad Zargham)

Source URL: http://news.yahoo.com/s/nm/20090310/ts_nm/us_Guantánamo_document_2

Excerpts from the statement of five Sept.

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ACLU: Gitmo judge ‘blatantly defied’ Obama executive order

by Rachel Oswald
March 10, 2009
RawStory.com

Update at bottom: White House not concerned by judge’s actions

The ACLU is angry that a military judge has accepted an incendiary legal pleading filed by five 9/11 suspects, despite President Obama’s order stopping the Guantánamo military commissions and even though attorneys for some of the defendants were unaware of it.

Judge Col. Stephen Henley, the appointed chief trial judge in the case ordered the public release of the legal pleading even though all other legal filings have been kept sealed for months by the military commissions, said the American Civil Liberties Union in a release, adding that the competency of two of the men has not yet been determined.

The Smoking Gun has the released six-page legal pleading here.

“We fight you over defending Muslims, their land, their holy sites, and their religion as a whole,” reads the document.

“Judge Henley apparently doesn’t know what the word ‘halt’ means since he has blatantly defied President Obama’s executive order for an end to the military commissions,” said Anthony Romero, executive director of the ACLU in a released statement. “The judge’s actions extending the military commissions call into question the true intentions of the Pentagon leadership at a time when the Obama administration is searching for a solution to the disastrous detention policies of the Bush administration.”

Romero adds, “If Defense Secretary Gates allowed the military commissions to proceed, that’s a serious problem; if he didn’t know about this, that’s equally troubling. Moreover,… Continue reading

9/11 victims’ kin seek release of secret documents

By Joe Dwinell
Wednesday, March 25, 2009
News.BostonHerald.com

Three families who lost loved ones in the 9/11 terrorist attacks head to court
today to plead with a federal judge to release a million pages of documents
detailing the mass murder of nearly 3,000 Americans.

Those secret papers, one Bay State family member told the Herald, are “so
bad you won’t believe it.”

“It was out control,” Paul Keating, 45, said of security on Sept.
11, 2001, including at Logan International Airport in Boston where two ill-fated
jets left on a collision course with infamy.

“My mother went through the most public murder you could imagine . .
. and I’ve been putting up with this crap for seven years,” Keating
said of his refusal to settle his case out of court.

Keating’s 72-year-old mother, Barbara, a Framingham native, died aboard
American Airlines [AMR] Flight 11.

Keating is making legal history today, along with the families of Mark Bavis,
31, and Sara Low, 28, by asking Judge Alvin K. Hellerstein in Federal District
Court in Manhattan to lift the order keeping all the evidence hidden.

Low was a Boston-based flight attendant on Flight 11; Bavis of West Newton,
a passenger on United Airlines Flight 175. Both jets left Logan with hijackers
on board and were slammed into the World Trade Center’s Twin Towers.

“Sept. 11 should not have happened,” said attorney Donald A. Migliori,
whose firm represents all three families.

He said the secret papers include depositions of former Massport Executive… Continue reading

Oral arguments slated over Sept. 11 documents

by Rory Eastburg
March 24, 2009
Reporters Committee for Freedom of the Press

A Manhattan federal court will hear oral arguments Wednesday on whether more
than a million pages of documents related to the Sept. 11, 2001 terrorist attacks
should remain sealed.

Judge Alvin K. Hellerstein of the United States District Court in New York
City will hear arguments from The New York Times and the Reporters
Committee, as well as victims’ families and attorneys for the aviation industry
defendants.

The documents come from lawsuits the families of certain Sept. 11 victims brought
against airlines and related defendants. According to a statement from the plaintiffs’
attorneys, more than a million documents remain sealed by an overbroad protective
order that allowed the defendants to unilaterally designate vast numbers of
documents as containing confidential trade secrets.

Neither the victims’ families nor the media groups seek to unseal documents
the government has classified as containing “Sensitive Security Information.”

Attorneys for the victims’ families are seeking to set aside the blanket
designations of confidentiality, arguing that documents withheld as trade secrets
include such important information as “whether the airport screeners’
magnetometers were working on 9/11; whether the screeners were qualified for
their jobs in terms of language skills, citizenship, past criminal record and
other factors; video footage of the hijackers going through airport security;
and training manuals for screeners.”

The Times, on behalf of itself and the Reporters Committee, intervened
for the limited purpose of requesting access to the sealed documents. In a motion
filed on Jan.…

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Judge defends pretrial secrecy of 9/11 documents

By LARRY NEUMEISTER
Associated Press

NEW YORK (AP) — NEW YORK — A judge said Wednesday he favors keeping Sept. 11-related documents and interviews secret until the trials for several families of victims suing the airline industry, an opinion that upset several victims’ family members.

Donald Migliori, a lawyer for families of three people who died on hijacked planes in the 2001 attacks, asked U.S. District Judge Alvin Hellerstein to make nearly a million pages of evidence and 200 depositions public, saying there was no reason for secrecy.

Hellerstein did not rule, but he said he favored not publically disclosing evidence that had been gathered and shared with lawyers for the victims under a confidentiality agreement until a trial occurs. No trial has yet been scheduled.

He said the confidentiality agreement speeded a pretrial process that enabled more than 90 families of victims of the Sept. 11 attacks to settle their cases. Only three families have not settled.

Michael Rowe Feagley, a lawyer for the aviation defendants, said it would not be fair to make all of the pretrial evidence public now, especially since defendants had turned over so much with the understanding that it would remain confidential before trial. He said it would take “extraordinary circumstances and an extreme need for it” to force its public release.

Mike Low, the father of a flight attendant who died on one of the hijacked planes, said afterwards that he was disappointed but not surprised by Hellerstein’s position.

Low sued in spring 2003 on behalf of his daughter, Sara Low, 28, a Boston-based flight attendant who died when American Airlines Flight 11 struck the World Trade Center.…

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Detainee’s Harsh Treatment Foiled No Plots

Waterboarding, Rough Interrogation of Abu Zubaida Produced False Leads, Officials
Say

By Peter Finn and Joby Warrick
Washington Post Staff Writers
Sunday, March 29, 2009; A01

When CIA officials subjected their first high-value captive, Abu Zubaida, to
waterboarding and other harsh interrogation methods, they were convinced that
they had in their custody an al-Qaeda leader who knew details of operations
yet to be unleashed, and they were facing increasing pressure from the White
House to get those secrets out of him.

The methods succeeded in breaking him, and the stories he told of al-Qaeda
terrorism plots sent CIA officers around the globe chasing leads.

In the end, though, not a single significant plot was foiled as a result of
Abu Zubaida’s tortured confessions, according to former senior government officials
who closely followed the interrogations. Nearly all of the leads attained through
the harsh measures quickly evaporated, while most of the useful information
from Abu Zubaida — chiefly names of al-Qaeda members and associates — was
obtained before waterboarding was introduced, they said.

Moreover, within weeks of his capture, U.S. officials had gained evidence that
made clear they had misjudged Abu Zubaida. President George W. Bush had publicly
described him as “al-Qaeda’s chief of operations,” and other top officials
called him a “trusted associate” of al-Qaeda leader Osama bin Laden
and a major figure in the planning of the Sept. 11, 2001, terrorist attacks.
None of that was accurate, the new evidence showed.

Abu Zubaida was not even an official member… Continue reading

NYC CAN 9/11 Family Members Speak Out

This moving 50-second piece released by NYC Coalition for Accountability Now features 9/11 Family Members Jean Canavan, Bob McIlvaine and Manny Badillo asking the unanswered questions and calling upon all New Yorkers to “Vote For Answers.” The coalition has gathered nearly 45,000 signatures, and needs your help to get to the 70,000-signature goal. Please take a moment to go to NYC Coalition for Accountability Now and give what you can to help make this a reality. Only by getting it on the ballot can New Yorkers “Vote For Answers.”

Another Blow to Accountability for 9/11

May 29, 2009
PRNewsWire

Statement On Behalf of the 9/11 Families United to Bankrupt Terrorism
In Response to the Solicitor General’s Refusal to Support The 9/11 Families’
Petition for Writ of Certiorari with the Supreme Court

(In Re: Thomas E. Burnett, Sr., et al. v. Al Baraka Investment & Development
Corp., et al., Case No. 03-CV-9849 (RCC) In Re: Terrorist Attacks on September
11, 2001, MDL 1570)

WASHINGTON, May 29 /PRNewswire-USNewswire/ — The following is a statement
of 9/11 Family Members: Mike Low, Father of Sara Elizabeth Low, AA Flight 11;
Bill Doyle, Father of Joseph M. Doyle, WTC North Tower; Tom & Beverly Burnett,
Sr., Parents of Thomas E. Burnett, Jr., UA Flight 93; and Terry Strada, Wife
of Thomas Strada, WTC North Tower on Behalf of the 9/11 Families United to Bankrupt
Terrorism in Response to the Solicitor General’s Refusal to Support The 9/11
Families’ Petition for Writ of Certiorari with the Supreme Court:

Today the Obama Administration filed in the Supreme Court a document that expressed
the Administration’s decision to stand with a group of Saudi princes and against
the right of American citizens — 9/11 family members — to have our day in
court. Let there be no doubt: The filing was political in nature and stands
as a betrayal of everyone who lost a loved one or was injured on September 11,
2001.

We are deeply dismayed by this decision, filed by the solicitor general of
the United States in response to the Supreme Court’s February 23, 2009 invitation
for the government to express its views in the 9/11 families’ request to appeal
a portion of the case to the Court.…

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Encouraging Martyrdom Rather than Accessing Truth

U.S. May Permit 9/11 Guilty Pleas in Capital Cases

By WILLIAM GLABERSON
June 5, 2009
Full story published at New York Times

The Obama administration is considering a change in the law for the military commissions at the prison at Guantánamo Bay, Cuba, that would clear the way for detainees facing the death penalty to plead guilty without a full trial.

The provision could permit military prosecutors to avoid airing the details of brutal interrogation techniques. It could also allow the five detainees who have been charged with the Sept. 11 attacks to achieve their stated goal of pleading guilty to gain what they have called martyrdom.

The proposal, in a draft of legislation that would be submitted to Congress, has not been publicly disclosed. It was circulated to officials under restrictions requiring secrecy. People who have read or been briefed on it said it had been presented to Defense Secretary Robert M. Gates by an administration task force on detention.

The proposal would ease what has come to be recognized as the government’s difficult task of prosecuting men who have confessed to terrorism but whose cases present challenges. Much of the evidence against the men accused in the Sept. 11 case, as well as against other detainees, is believed to have come from confessions they gave during intense interrogations at secret C.I.A. prisons. In any proceeding, the reliability of those statements would be challenged, making trials difficult and drawing new political pressure over detainee treatment.

Some experts on the commissions said such a proposal would raise new questions about the fairness of a system that has been criticized as permitting shortcuts to assure convictions.…

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No Lies Radio Live Interview with William Pepper – Tuesday, June 9, 9am PDT

Tuesday, June 9th at 9am Pacific – 12 Noon Eastern – 17:00 GMT Will be archived at http://noliesradio.org after the broadcast.

William Pepper Listen to this live interview with William Pepper,human rights attorney extraordinaire; proponent and prospective Commissioner, New York City NYCCAN.org ballot initiative; author, Act of State: The Execution of Martin Luther King, Jr. . In November 1999, William Pepper won a jury trial finding that James Earl Ray was innocent, and that U.S. military and intelligence officials conspired to murder Martin Luther King, Jr. He is currently working with the NYC CAN Ballot Initiative to get a real investigation of 9/11 with subpoena power on the November ballot. Last month, William Pepper spent ten 16-hour days preparing a legal defense of the Spanish Court’s initiative to prosecute George W. Bush for war crimes. He writes: “I believe that this case may be the most important case in my lifetime for the advancement of international human rights law and condemnation of these atrocious policies and practices which go back to the divine right of kings, perpetuated by fascism.”

Email your questions now to the host of “Fair and Balanced,” Kevin Barrett. Deadline for emailed questions is 9pm Pacific Time, Monday, June 8th. Not all emailed questions will be answered on the air.

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