Arm Up on the Facts with Free Mailing List

December 13, 2001


Narco News 2001

The Narco News Bulletin Welcomes you to the...

Department of Defense

The Drug War on Trial

More than 85 Links to the facts of the Banamex Lawsuit v. Free Press

Banner designed and donated by David VandePanne

Defense Fund: Drug War on Trial, c/o Attorney Thomas Lesser

39 Main Street, Northampton, Massachusetts, 01060 U.S.A.

Sign the Victory Guestbook!

Narco News

Beats Banamex!

Now on the EFF website:

Read the Court's

Historic Decision

It will be in Law School Textbooks

for Generations to Come

Sign the Victory Guestbook!

From the...
"Media Ignores Precedent-
Setting Court Decision"
By Tom Regan
Christian Science Monitor
Newspaper Editorial:
Free Speech on
the Internet
By Freedom Newspapers, Inc.
del Diaro Por Esto! de 17 diciembre...
Entérense de la Historia de la
Derrota de Banamex-Citigroup
From the...

Victory, Precedent,

...and a Countersuit

By Dan Kennedy

Nesson: "The NY Times v.

Sullivan for the Internet"

Landmark Ruling

By Mark Anderson

NY State Supreme Court

Rules vs. "Narco Banker"

EFF: Historic Decision

Protects Online Speech

"Narco News is... entitled

to Heightened Protection"

"This court finds that Narco News is a media defendant and is entitled to heightened protection under the First Amendment (Sullivan v. New York Times)...

"The Internet is similar to a television and radio broadcast in the sense that the electronic missive is able to reach a large and diverse audience almost instananeously... However, the character of a particular website depends on the format and program design... A careful review of defendants' submission on Narco News's website indicates that the Narco defendants' format is similar to a regularly published public news magazine or newspaper except for the fact that the periodical is published "on line" or electronically, instead of being printed on paper. The fact that the Narco News website can accept readers' comments, or letters to the editor, via a seperate e-mail address only strengthens the need for First Amendment protections for the medium.

"Since principles of defamation law may be applied to the Internet... this court determines that Narco News, its website, and the writers who post information, are entitled to all the First Amendment protections accorded a newspaper-magazine or journalist in defamation suits... Furthermore, the nature of the articles printed on the website and Mr. Giordano's statements at Columbia University constitute matters of public concern because the information disseminated relates to the drug trade and its affect on people living in this hemisphere..."

-- New York Supreme Court Justice Paula Omansky

The Monopoly of the Paid

Media Has Been Broken

Victory Interview with Indymedia NYC

Press Calls Directed to:

Attorney Tom Lesser in USA (413) 584-7331

or to our publisher in Bolivia, via email:

Archived History of a Free Speech Precedent

We went to Court on July 20, 2001

NY Supreme Judge

"Looked Askance" at

Banamex Arguments

"If Friday's oral arguments are any indication the (Narco News Bulletin) defense will probably come out on top."

- Wired News

"Net Reporting At Stake"

By Mark K. Anderson

Christian Science Monitor:

"A Precedent-setting Case"

By Alexandra Marks

"A precedent-setting case that raises fundamental questions about free speech in the globalized world of cyberspace, as well as the role of the independent journalists in a media world increasingly controlled by corporate giants."

- Christian Science Monitor, July 24, 2001

McKinney Defends

"A respected journalist telling the truth, at risk to his own safety, should not be facing a lawsuit meant to silence him."

- U.S. Rep. Cynthia McKinney (D-Georgia)

Hot Muckraker

By Mim Udovitch

Rolling Stone

"We Knew We Had Something

Special on Our Hands..."

A Special Commentary by...

"Banamex was not narco-pleased"

By Ben Winters

from In These Times

NEW Legal Briefs Now Online

Read the EFF Amicus Brief

"The new independent journalists of the Internet, as personified by Al Giordano, play a crucial role in preserving the democratic aspirations of First Amendment protection. The role of such journalists is especially salient as mainstream media is increasingly in the hands of fewer and fewer large corporations."

- Electronic Frontier Foundation Amicus Brief

in support of Narco News motion to dismiss

Read New Narco News Legal Memorandum

Drug War on Trial Updates:

Cross-Fire in the Drug War

Narco News Publisher Warns of

Chill to Free Speech

By Amy Langfield

Online Journalism Review

With Sidebar:

"Mexican Bank, Mexican

Website, New York Court"

Roberto Hernández


The Banamex-Narco News War

By José Martínez M.

Mexican Nationally-Syndicated Columnist

Translated by The Narco News Bulletin


Defend Narco News

Motions to Dismiss vs. Banamex

Memorandum by Counsel for Narco News

and Pro Se Memorandum by Al Giordano

We have gone into debt to file these motions

Please lend a hand with our defense fund

The Village VOICE Reports:

"Media Trial of the Summer"

By Cynthia Cotts

The Guardian of London Reports:

"Forum Shopping" by Banamex

By Sean Dodson

And WIRED NEWS Reports:

"Does Mexican Suit Fit in N.Y.?"

By Mark K. Anderson

"Make no mistake. This court fight isn't about any particular story NarcoNews has done. It's about ALL of them, and all of the ones yet to come. And it's a battle over the continued independence of Internet journalism as well. The silencing of Al Giordano and NarcoNews isn't a theoretical possibility that might happen a couple years from now. It's already happening. Al and his volunteer lawyers are hip-deep in it right now. And they need our help."

- Pulitzer Prize Winning Journalist Gary Webb

March 16, 2001

"The investigative journalism that's gone on primarily in Mexico has stood the test under Mexican legal process -- where an investigative journalist takes on some very big fish. And if the big fish can then pursue the journalist around the world and threaten the website wherever it emanates from, that's potentially harmful to spirited investigative journalism."

- Charles Nesson
Harvard Law Professor
Berkman Center for Internet and Society

 The Lawsuit, the News, the Facts...
Read the Lawsuit:
Banamex v. Menéndez, Giordano, & Narco News
These are the Exhibits attached to the Banamex (now Citigroup) Lawsuit:
A. Village Voice: Menéndez v. the Drug War
Listen to the entire WBAI Radio Show cited in the Lawsuit (Let Em Talk with Paul and Joanie)
B. Narco News: Menéndez, Hero of the Month
C. Dare to Legalize by Mario Menéndez
D. Consolidation of Narco Power by Al Giordano
E. NYT's Dillon Responds on Way Out the Door
F. Times Dumps Dillon
G. Vicente Fox on the Cocaine Peninsula (includes chronology of the trafficking story)
H. Citibank Implicated in Fox Money Trail
I. Roberto Hernández Elected? by Isabel Arvide
The Big Apple Bites Back:
Narco News Bulletin Motion to Dismiss signed by Tom Lesser and Leonard Weinglass
Al Giordano's Pro Se Motion to Dismiss
Affidavit of Karen Thatcher
Affidavit of Al Giordano
Affidavit of Al Giordano with respect to The Narco News Bulletin
Press Coverage of the Case:
Cynthia Cotts, The Village Voice (12/20/00):
Drug War Goes on Trial
Larry Goodwin, Metroland (12/21/00):
Lawyers, Drugs and Money
Carlos Ramírez, El Universal (01/08/01):
Banamex, to Trial in US for Narco
Alvaro Cepeda Neri (01/12/01):
The Banker and Freedom of the Press
Fred Rosen, NACLA (04/2001):
Billionaires Against the Press
Mark Jurkowitz, Boston Globe (04/04/01):
"One of the Most Riveting Cases"
Mark K. Anderson, WIRED NEWS (05/08/01):
A Case of Free Speech Boundaries
Dan Kennedy, Boston Phoenix (04/12/01):
Internet on Trial
Carlos Ramírez, El Universal (05/22/01):
Memory of Journalism: The Narco & The Press
José Martínez M., Domingo Político (06/07/01):
Citibank-Banamex, Smells Like Narco
"Traffic" is Not a Movie:
Previous Articles about this Drug War Reality:
AP, Wall Street Journal, September 1999:
Mexican Editor Battles Director of Mexico's Largest Bank
The Boston Phoenix, May 1999:
Clinton and his Narco-Pals
The Boston Phoenix, December 1999:
Davidow's Borderline Behavior
The Ambassador's Non-Response
31 Questions to Jeffrey Davidow
The Free Speech Defenders vs. The Narco-System...
The Defendants:
Mario Menéndez:
Interview by José Martínez
Al Giordano:
Audio Interview by Steve Rendall and Janice Jackson, Fairness & Accuracy in Reporting
Interview by Dan Kennedy, Boston Phoenix
Interview by Preston Peet,
Interview by Beatriz Fregoso, La Crisis
Narco News:
A Letter from Peter Gorman
A Letter from Gary Webb
Michael C. Ruppert on Courage
Howard Kurtz in Washington Post
The Free Speech Legal Team:
Marty Garbus
Chapter One of Tough Talk
CJR Review of Tough Talk
"A Modern Day Daniel Webster"
"Eats Corporate América for Lunch"
Court TV Transcript on Lenny Bruce
Tom Lesser
The Sam Lovejoy/No Nukes Victory
The CIA on Trial Victory
Leonard Weinglass
Curriculum Vitae
Chicago Seven Trial
Lead Attorney for Mumia Abu-Jamal
Letter from Leonard Peltier
History Channel: This Day in Vietnam History
Journalists vs. Corruption:
Periodistas Frente de la Corrupción
El Boletín Mexicano de La Crisis
Pro Se Free Speech Archives
Some Online Examples of Defendant's Defense of Free Speech of Others
1989: Abbie's Road
1989: Ohio Seven, Not Guilty
1990: Under the Persian Rug
1997: Free the Media
2000: Defense of the BURN Website
The Bank's Attorneys:
Akin, Gump, Strauss, Hauer & Feld
Washington Post: Narco Lobbyists on the Hill
Arianna Huffington: Plan Colombia's Lobbyists
Newsweek: Agents of Colombian Government
NY Times: Espionage in Food Lion Case
Akin Gump Data Dump Cyber-Museum
Espionage vs. Journalists:
DSFX Corp.
Strange Events Prior to Lawsuit
Part I: Narco Spies v. Por Esto! and Narco News
Narco Spies Part II: The Empire Strikes Back
The Plaintiffs:
Two Banamex Officials Snared for Money Laundering in "Operation Casablanca"
More Info at Money Laundering Alert
UNESCO Report on "Operation Casablanca"
Federal Reserve Board's "Cease and Desist" Order vs. Banamex and other Banks
1998 Order Stayed in Place until 2000
Andrés Oppenheimer on the $750 million dinner
PBS Frontline: Murder, Money and Mexico

Now Available in Limited Edition...

The Mexico Papers

April 18, 2000 - August 9, 2000

Read Introduction and Table of Contents

The Narco News Book

Anthology: Volume I

Read Publisher's Affidavit About "The Mexico Papers"

To Benefit Defense Fund, The Mexico Papers

is available to readers for a $100 contribution *

Make Checks Out to "Drug War on Trial" and send to:

Drug War on Trial, c/o Attorney Thomas Lesser

39 Main Street, Northampton, MA 01060

(For copy of limited first edition, note on check or email "The Mexico Papers")

* Also available for photocopying at New York State Supreme Court

at 15 cents a page ($86.70, plus your time, travel and labor)

Order it today

...with credit card contribution through PayPal

Click Here, sign up for a PayPal Account, and contribute to:

Drug War on Trial

Contributions to Our Defense Fund Can Be Mailed To:

"Drug War On Trial"

c/o Attorney Thomas Lesser

Lesser, Newman, Souweine & Nasser

39 Main Street

Northampton, MA 01060 U.S.A.

Join the Battle for Free Speech & Cyber-Liberties