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Greenwald writes: "The overarching principle here should be that Dzhokhar Tsarnaev is entitled to a presumption of innocence until he is actually proven guilty. As so many cases have proven ... people who appear to be guilty based on government accusations and trials-by-media are often completely innocent. Media-presented evidence is no substitute for due process and an adversarial trial."

Connecticut State Police lead children from the Sandy Hook Elementary School in Newtown, Conn., following a shooting there Friday, Dec. 14, 2012. (photo: Shannon Hicks/Newtown Bee)
Connecticut State Police lead children from the Sandy Hook Elementary School in Newtown, Conn., following a shooting there Friday, Dec. 14, 2012. (photo: Shannon Hicks/Newtown Bee)


Why Is Boston 'Terrorism' but Not Sandy Hook?

By Glenn Greenwald, Guardian UK

23 April 13

Can an act of violence be called 'terrorism' if the motive is unknown?

wo very disparate commentators, Ali Abunimah and Alan Dershowitz, both raised serious questions over the weekend about a claim that has been made over and over about the bombing of the Boston Marathon: namely, that this was an act of terrorism. Dershowitz was on BBC Radio on Saturday and, citing the lack of knowledge about motive, said (at the 3:15 mark): "It's not even clear under the federal terrorist statutes that it qualifies as an act of terrorism." Abunimah wrote a superb analysis of whether the bombing fits the US government's definition of "terrorism", noting that "absolutely no evidence has emerged that the Boston bombing suspects acted 'in furtherance of political or social objectives'" or that their alleged act was 'intended to influence or instigate a course of action that furthers a political or social goal.'" Even a former CIA Deputy Director, Phillip Mudd, said on Fox News on Sunday that at this point the bombing seems more like a common crime than an act of terrorism.

Over the last two years, the US has witnessed at least three other episodes of mass, indiscriminate violence that killed more people than the Boston bombings did: the Tucson shooting by Jared Loughner in which 19 people (including Rep. Gabrielle Giffords) were shot, six of whom died; the Aurora movie theater shooting by James Holmes in which 70 people were shot, 12 of whom died; and the Sandy Hook elementary school shooting by Adam Lanza in which 26 people (20 of whom were children) were shot and killed. The word "terrorism" was almost never used to describe that indiscriminate slaughter of innocent people, and none of the perpetrators of those attacks was charged with terrorism-related crimes. A decade earlier, two high school seniors in Colorado, Eric Harris and Dylan Klebold, used guns and bombs to murder 12 students and a teacher, and almost nobody called that "terrorism" either.

In the Boston case, however, exactly the opposite dynamic prevails. Particularly since the identity of the suspects was revealed, the word "terrorism" is being used by virtually everyone to describe what happened. After initially (and commendably) refraining from using the word, President Obama has since said that "we will investigate any associations that these terrorists may have had" and then said that "on Monday an act of terror wounded dozens and killed three people at the Boston Marathon". But as Abunimah notes, there is zero evidence that either of the two suspects had any connection to or involvement with any designated terrorist organization.

More significantly, there is no known evidence, at least not publicly available, about their alleged motives. Indeed, Obama himself - in the statement he made to the nation after Dzhokhar Tsarnaev was captured on Friday night - said that "tonight there are still many unanswered questions" and included this "among" those "unanswered questions":

"Why did young men who grew up and studied here, as part of our communities and our country, resort to such violence?"

The overarching principle here should be that Dzhokhar Tsarnaev is entitled to a presumption of innocence until he is actually proven guilty. As so many cases have proven - from accused (but exonerated) anthrax attacker Stephen Hatfill to accused (but exonerated) Atlanta Olympic bomber Richard Jewell to dozens if not hundreds of Guantanamo detainees accused of being the "worst of the worst" but who were guilty of nothing - people who appear to be guilty based on government accusations and trials-by-media are often completely innocent. Media-presented evidence is no substitute for due process and an adversarial trial.

But beyond that issue, even those assuming the guilt of the Tsarnaev brothers seem to have no basis at all for claiming that this was an act of "terrorism" in a way that would meaningfully distinguish it from Aurora, Sandy Hook, Tucson and Columbine. All we really know about them in this regard is that they identified as Muslim, and that the older brother allegedly watched extremist YouTube videos and was suspected by the Russian government of religious extremism (by contrast, virtually every person who knew the younger brother has emphatically said that he never evinced political or religious extremism). But as Obama himself acknowledged, we simply do not know what motivated them (Obama: "Tonight there are still many unanswered questions. Among them, why did young men who grew up and studied here, as part of our communities and our country, resort to such violence?").

It's certainly possible that it will turn out that, if they are guilty, their prime motive was political or religious. But it's also certainly possible that it wasn't: that it was some combination of mental illness, societal alienation, or other form of internal instability and rage that is apolitical in nature. Until their motive is known, how can this possibly be called "terrorism"? Can acts of violence be deemed "terrorism" without knowing the motive?

This is far more than a semantic question. Whether something is or is not "terrorism" has very substantial political implications, and very significant legal consequences as well. The word "terrorism" is, at this point, one of the most potent in our political lexicon: it single-handedly ends debates, ratchets up fear levels, and justifies almost anything the government wants to do in its name. It's hard not to suspect that the only thing distinguishing the Boston attack from Tucson, Aurora, Sandy Hook and Columbine (to say nothing of the US "shock and awe" attack on Baghdad and the mass killings in Fallujah) is that the accused Boston attackers are Muslim and the other perpetrators are not. As usual, what terrorism really means in American discourse - its operational meaning - is: violence by Muslims against Americans and their allies. For the manipulative use of the word "terrorism", see the scholarship of NYU's Remi Brulin and the second-to-last section here.

I was on Democracy Now this morning discussing many of these issues, as well as the legal and civil libertarian concerns raised by this case, and that segment can be viewed here (a transcript will be posted here later today):

Update:

Andrew Sullivan, back in his fight-the-jihadis mode, proclaims that - unlike President Obama - he knows exactly why the Tsarnaev brothers attacked Boston. "Of Course it Was Jihad", he declares in his headline, and adds that it was "an almost text-book case of Jihadist radicalization, most likely in the US." He then accuses me "veer[ing] into left-liberal self-parody" for suggesting today that the evidence is lacking to make this claim.

But in trying to negate my point, Andrew instead demonstrates its truth. The only evidence he can point to shows that the older brother, Tamerlan, embraced a radical version of Islam, something I already noted. But - rather obviously - to prove that someone who commits violence is Muslim is not the same as proving that Islam was the prime motive for the violence (just as the aggressive attack by devout evangelical George Bush on Iraq was not proof of a rejuvenation of the Christian crusades, the attack by Timothy McVeigh was not proof of IRA violence, Israeli aggression is not proof that Judaism is the prime motivator of those wars, and the mass murder spree by homosexual Andrew Cunanan was not evidence that homosexuality motivated the violence). Islam or some related political ideology may have been the motive driving Tamerlan, as I acknowledge, but it also may not have been. You have to produce evidence showing motive. You can't just assert it and demand that everyone accept it on faith. Specifically, to claim this is terrorism (in a way that those other incidents of mass murder at Aurora, Sandy Hook, Tucson and Columbine were not), you have to identify the "political or social objective" the violence was intended to promote: what was that political or social objective here? Andrew doesn't have the slightest idea.

But this proves the point: "terrorism" does not have any real meaning other than "a Muslim who commits violence against America and its allies", so as soon as a Muslim commits violence, there is an automatic decree that it is "terrorism" even though no such assumption arises from similar acts committed by non-Muslims. That is precisely my point. (About the younger brother, Andrew asserts that "the stoner kid [] got caught up in his brother's religious fanaticism" but he has no evidence at all that this is true, and indeed, his friends say almost uniformly that he never evinced any religious fanaticism).

The most bizarre statement from Andrew is also quite revealing: "but does Glenn wonder why Tamerlan thought it was ok to beat his wife, whom he demanded convert to Islam?" In case Andrew doesn't know, domestic violence in the US is at epidemic levels, and the overwhelming majority of men who abuse women have nothing whatsoever to do with Islam. Yet with this claim, Andrew simply assumes that any bad act done by a Muslim - even a bad act committed mostly by non-Muslims - must be caused by Islam, even though he has no evidence to prove this. This irrational, evidence-free assumption of causation that Andrew so perfectly illustrates here (any bad act committed by a Muslim is, ipso facto, motivated by religious or political Islam) is precisely what I was describing and denouncing. And it only rears its ugly head when the perpetrator is Muslim.

Update 2:

The New York Times today reports that "United States officials said they were increasingly certain that the two suspects had acted on their own, but were looking for any hints that someone had trained or inspired them." It also reports that "The FBI is broadening its global investigation in search of a motive." There's no reason for the FBI to search for a motive. They should just go talk to Andrew Sullivan. He already found it.

In sum, neither the President nor the FBI - by their own admission - know the motive here nor have evidence showing it, but Andrew Sullivan, along with hordes of others yelling "terrorism" and "jihad", insist that they do. That's the special species of rank irrationality that uniquely shapes public US discourse when the issue is Muslims.

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+88 # tbcrawford8 2013-06-07 17:49
Judge Lind should be disbarred for her flagrant miscarriage of justice...and it's now clear why a regular courtroom was unacceptable to the military. Feeling more and more like a dictatorship in the making. And, of course, the gun owners are threatening a revolution...bu t I suspect it won't be for we the people!
 
 
+109 # lbarish1 2013-06-07 18:25
This is not the country I was born into. The degree of corruption is deeply distressing and mind boggling.From the present to the supreme court, to congress, the military, the FDA, the ERA, Big Pharm, Wall Street, etc. there is no sense of justice. Bradley Manning is not a criminal. We have laws to protect whistler blowers who protect our right to know what this government is doing. Very sad.
 
 
+29 # Califa 2013-06-08 07:44
The corruption has been there for quite some time, at least a century or more. The corruption is not hidden as it used to be. Nowadays they shamelessly shove it right in your face.

**Is nowadays are real word? Ah that's one of the great mysteries of the universe....
 
 
0 # Texan 4 Peace 2013-06-08 16:41
Yes, "nowadays" is a real word. Could you be any more trivial?
 
 
+5 # Nominae 2013-06-08 19:53
Quoting Texan 4 Peace:
Yes, "nowadays" is a real word. Could you be any more trivial?


"Nowadays" is NOT a 'real word'. Except for the fact that "usage" determines acceptable English, and this bastardization "Nowadays" has infiltrated Standard English from "somewheres" in the Ozarks.

I know that it probably *sounds* perfectly acceptable in Texas.

Could you BE any more snarky ? What is more trivial, the question, or someone wiling to take valuable time out of their day to lift a leg on the person asking the question ?
 
 
+2 # Nebulastardust 2013-06-09 16:20
Nowadays has become perfectly acceptable in the USA, at any rate. Languages live and grow and change. It's a natural thing.

One contemptible addition some decades back was the inclusion of "DoctorWelbyish " (since removed) in the USA.
 
 
+5 # bingers 2013-06-09 16:22
Well, I'm from upstate NY originally, and as far back as I go (the 40) nowadays was a common word there. So while I do feel Texas is, generally, a subpar place in nearly every case other than size, belittling Texans for using nowadays is the snarky thing here. And, is snarky a legitimate word. ;o)
 
 
+43 # Kathymoi 2013-06-08 08:59
When I was a kid, there was a joke that contrasted the right of Americans to protest their government with the nonright of Russians (then of the Soviet Union) to protest their government. It went like this: An American says to a Russian, "I can stand in front of the White House and say, 'The president of the United States is a jerk." The Russian replies that he has the same freedom; he can stand in front of the Kremlin and say the president of the United States is a jerk. It used to be a funny joke that made us Americans feel good about the freedom of speech we had. That has changed. To protest our government today is not a freedom that is protected today. It is a crime and likely to be called terrorism.
 
 
+60 # Lowflyin Lolana 2013-06-07 19:05
History will show that the "officials" persecuting Manning were not real judges, generals, Presidents. The hacks serving up tripe about whether Manning is a "hero or a traitor" will be shown to be other than journalists, to a man. All of them are just #%$holes. Each with a role in a deeply toxic farce.

Thank you for your important and very interesting coverage.
 
 
+58 # soularddave 2013-06-07 20:21
This is just NUTS! Please keep trying. Your stay in Washington must be sort of expensive, so let me start off the June appeal for support with a cash donation.

Anyone else want to chip in right now?
 
 
0 # Dion Giles 2013-06-15 01:17
Right on. Disgusted at exclusion of RSN from witnessing the Bradley Manning witch-hunt. Coverage will be costly. Just doubled my monthly RSN contributions for June and July.
 
 
+33 # blizmo1 2013-06-07 21:55
Wow. Renee my monthly subscription despite previous issues I've had with you PLEASE GET TO THE BOTTOM OF THIS ALL, WE ARE ALL BEHIND YOU. GO, RSN!!!!! You WILL bring on this conversation, whether they like it or not. Bless you.
 
 
+23 # DPM 2013-06-07 22:29
Keep up the pressure. I don't have much money, but I am a monthly subscriber.
 
 
+37 # Richard1908 2013-06-07 22:43
Our Australian Minister for Foreign Affairs, Minister Bob Carr, has washed his hands of Julian Assange (an Australian), Wikileaks and Manning. No surprise there - our Government does as it is told by the American Government - but another indication of how the cards are stacked in every way against Bradley Manning.
 
 
+42 # Billy Bob 2013-06-07 23:19
The military industrial complex will trump the American Constitution until change is demanded.
 
 
+36 # Kathymoi 2013-06-08 08:52
We are demanding. We are demanding. And we are being tasered, arrested and jailed for our protests. And, as in Turkey so in the US, our protests are ignored by the US major media. In Turkey, penquins were covered on major media news shows while millions of people were in the streets of Istanbul protesting the corporate grab of their country. In the US, fashion flaws of actresses get the spotlight while Occupy and Move to Amend are treated as nonexistent. ---We continue to demand.
 
 
+17 # Billy Bob 2013-06-08 13:30
I agree. But, "we" needs to mean ALL OF US. And "demanding" needs to mean MORE than just words, but serious acts of non-violent protest that will have a major impact.

There's only one thing I can think of that can do that: GENERAL STRIKE.
 
 
+6 # Nebulastardust 2013-06-10 08:17
You're not even close to getting a general strike happening and likely never will be. America, Canada and the West in general is full of people suckling the teat of propaganda fed to them on a daily basis.

We've a long, long way to go to protect people in foreign lands from the continued war and war crime from the West and most importantly the USA.

Predator Drones murder on a continued basis in Pakistan, Afghanistan, Yemen and Somalia for certain. How many other places we do not know.
 
 
+15 # grouchy 2013-06-07 23:24
I wonder if they are taking instructions from experts in this kind of activity from previous members of security forces in the Soviet Union countries? Sounding more and more like it's a possibility.
 
 
+22 # reiverpacific 2013-06-07 23:29
The public is at least entitled to a list of those "approved" for access. Still no list!
This alone is heavily indicative of what is to come.
But they can't hide forever from a better-informed world outside of the "approved" US Corporate State chowderhead media.
There is a lot more than just P'v't Manning's fate riding on this show trial.
It might just serve to plunge the US back into further isolation as experienced during the Dimwits/Chain-g ang reign of error and terror and shoot it down to the bottom of the world trust and popularity list, where it is currently at the lower-middle (source; BBC).
Gawd knows how Manning is bearing up during this prolonged lynching but his stoicism and perhaps resignation (or is he being drugged?) should be a spur to world support for his Nobel prize nomination. Sign on at http://act.rootsaction.org/p/dia/action/public/?action_KEY=5459.
Stuff it all back down their hypocritical throats!
And I hope that they enjoy reading this on RSN's surveilled database.
"Ah fart in their general directions" (Monty Python's Holy Grail). I hope they get a chuckle at some of my daffy scribblings on RSN.
Abb-abb-abb-t-th-th-at's al ffolks: He-heh-heh!
 
 
+20 # LandLady 2013-06-08 07:12
Thank you, Bill Simpich, for your great report. Especially your list of all the foreign media trying to cover this! It is comforting to know that the eyes of the world are on this trial, even while the U.S. military and much of our domestic media are doing all they can to downplay it for American consumption. I sent RSN a check yesterday. Keep on keeping on.
 
 
+10 # RobertMStahl 2013-06-08 07:49
RANDOM?

Complicity to murder and genocide is on trial, and Manning refuses to be complicit. Do we, as human, also? We are the ones on trial, but you cannot call it one. Should we let them convict us without our knowledge?

Hierarchies have lead to garbage gathering police who are deputized to 'take it out,' the garbage which is provided in droves by the central media outlets as lies, or, as a paper-trade. They have to produce so much garbage to successfully alter the cultural landscape permanently, or tectonically, hollowing out under our feet instead of being hallow, or having any predisposition for that. Purposefully, they drive people from their evolutionary design to learn and to participate.

Learning leads to learning-to-lea rn (Bateson) where we would, then, know the 'container' relevant to the learned where both exist together as form, not word. "In the beginning, all was mush and without form," Denial allows proceeding upon no truth at all. This is usury.

We make up for missing truth when being instructed to be in a container that contains none, or, maybe is 50/50. Tricks are not epistemology, or real knowledge, in any event. One needs imagination. Learning, in reality, is not a trick. It would be an oxymoron. If there is any distinction to made, any leap for cognitive powers we could possess, for the power that makes it all just, this is another drama designed, solely, to make us shudder, and is not random.
 
 
+23 # Kathymoi 2013-06-08 08:34
Complicity to murder and genocide is on trial, and Manning refuses to be complicit. Exactly. And that is his crime. He should not reveal the US army secret of inhumanity, lawlessness, and irresponsibilit y, of murder, tortue and sadism. And we should not object to these things done in the name of the US of Exxon Mobil, Citibank, Wells Fargo, etc. Evidently, acceptance of atrocity and criminal abuse is our obligation and if we dare to shun our duty, we risk arrest ourselves.
 
 
+40 # walt 2013-06-08 07:58
This statement may be filled with meaning:

"..A military spokesman said that the media operations center located half a mile away from the courtroom was "a privilege, not a right...."

It seems amazing to hear someone in the US military advise us that they grant privileges. And all while the US tax payers fund their entire lives from salaries and health care to retirement.

This is an indication of the power we have given to a group that is supposed to defend the USA. Now they tell us what our privileges are. And even more frightening will be the day that an American civilian is arrested by the military and indefinitely detained as allowed by the NDAA.

One more clear indicator of Eisenhower's warning about the "military-indus trial complex. It's all out of control!
 
 
+20 # reiverpacific 2013-06-08 11:31
Quoting walt:
This statement may be filled with meaning:

"..A military spokesman said that the media operations center located half a mile away from the courtroom was "a privilege, not a right...."

Well, that's the US attitude to healthcare too and education, innit!? It's only for the elite and privileged.
There's a long way to go before this country joins the "civilized" world -if ever!
 
 
+9 # Jack Gibson 2013-06-08 13:27
Yah, making RIGHTS(!) into so-called "privileges". They don't believe that we have any rights; but are saying, "Here, we're throwing you a bone". The whole system is controlled by evil. That's the way the entire globalist, corporate-fasci st, "international human 'rights'" system was designed. "If you're not privileged enough, we'll withhold rights from you", because they reserve that right to withhold them (see towards the end of the Universal Declaration of Human Rights). In others, the evil and corrupt believe that they are the only ones with rights; everyone else be damned. This is the madness that is now seeking to control us completely; and they expect, if you don't willingly bow down without question, you will be crushed. That is really what the entire world government system is all about, to bring us all to our knees in worship of evil, or be eliminated. Are you finally seeing the meaning of the whole writing on the wall? This is evil's time now, and they have every intention of destroying all independence, free will and sovereignty of human dignity, eradicating it all and turning us all into slaves. Those who don't go quietly will very soon simply be executed. They're already assassinating people who balk against the(ir) chains; and, thus, have begun to purge the resisters. We ain't seen nothin' yet; and, if most of us don't non-violently rise up en masse against the "Big Brother" system (which I don't hold my breath that we'll do), we're all screwed and tattooed.
 
 
+18 # Kathymoi 2013-06-08 08:26
thank you, RSN, for bravely continuing to TRY to tell us what is going on in our country. The headline on Yahoo news this morning was that Parker committed a fashion mistake with the shoes she wore yesterday. I don't know who Parker is, but her picture was there to help identify her if I should care. If you were not shining a light on the real issues of the day, how would we get information? How would we know? I guess that is, likely, the idea behind media control. Indeed, if RSN can be denied access to witnessing the Manning trial, then the public will have no way to know what actually was revealed by the trial. Keep marching!!!
 
 
-12 # charsjcca 2013-06-08 11:04
I have not knowingly talked on a secure telephone since 1963. I am not troubled by the notion. Life goes on. The next presidency will do as the past have done. SNOOP. It is the American way of life. The Unibomber said he had no solution other than what he did. The university system, in his mind, was corrupt and unable to be reformed. Between 1963 and 1978 he operated under the assumption that it was otherwise.
 
 
+5 # Billy Bob 2013-06-08 13:31
Time to just give up, curl in a corner and pick your nose, huh?
 
 
+10 # reiverpacific 2013-06-08 18:37
Quoting charsjcca:
I have not knowingly talked on a secure telephone since 1963. I am not troubled by the notion. Life goes on. The next presidency will do as the past have done. SNOOP. It is the American way of life. The Unibomber said he had no solution other than what he did. The university system, in his mind, was corrupt and unable to be reformed. Between 1963 and 1978 he operated under the assumption that it was otherwise.

What's a "secure telephone"?
I agree that life goes on" (Oobladee-oobla dah!) but this country is becoming more and more like Spain's Franco era and Suharto's Indonesia I'm tired of repeating this), both supported and armed by the "land of the faux-free-to-sh op and the home of the cowed and surveilled".
It's the QUALITY of life we are looking at here and which is endangered!
Te US is becoming more and more like one of these Sci-fi box rooms where the walls keep sliding in on and constricting it's occupants, or the four-poster bed that lowers it canopy in the night to smother it's sleeping occupants.
Wake up and smell the shite -then fight!
 
 
+13 # David Starr 2013-06-08 12:23
I have a strong feeling that there will be hell to pay, sooner or later; but inevitably.

The U.S. Army, as with other entities with the U.S. empire's power structure is ethically bankrupt. The more it protects an monetary empire's interests, the more chance for change.

There is also an NSA entity, PRISM, that is apparently being used to spy on the emails of who knows how many people, foreign and domestic.

The U.S. Constitution has been violated by the very status quo power brokers-and their supporters-who claim to support it. And it's nothing new.
 
 
-9 # egbegb 2013-06-08 20:26
So the IRS, FBI and ATF are progressive and attack conservatives and the Army (the armed forces) attack
progressives.

Is that the message?

Who do you think will win that 'discussion'?
 
 
+4 # bingers 2013-06-09 16:30
Quoting egbegb:
So the IRS, FBI and ATF are progressive and attack conservatives and the Army (the armed forces) attack
progressives.

Is that the message?

Who do you think will win that 'discussion'?


Well, the IRS hasn't attacked anyone since Nixon ordered them to, and that was the liberals, the FBI, for all its' faults has a long horrendous record of attacking liberal groups and still does, although they occasionally go after obvious criminal right wing groups, the brunt of their actions still falls on liberal groups. And the ATF goes after the people committing gun crimes, which is nearly 100% conservative. So, in this case, they do go after conservatives mostly, but it isn't targeting conservatives per se, it's targeting subversives.

And the military isn't attacking liberals per se, they're attacking the first and fourth amendments.
 

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