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Archives for January, 2014


Law and Disorder January 27, 2014


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Imagine: Living in a Socialist USA 

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Lawyers You’ll Like: Attorney Bill Schapp

Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

Attorney William Schapp:

  • One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
  • It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
  • I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
  • She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
  • I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
  • When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
  • Once you learn that, you learn about the CIA.
  • That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
  • The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
  • We were so successful that Congress passed a law against us.
  • Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
  • They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
  • We thought if we identified these people, it might make their job a little bit harder, which it did.
  • Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
  • He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
  • He was not the person discovering who the under cover people were, Lou Wolf was doing that.
  • Phil wrote articles for us in every issue and we worked very closely with him.
  • Once you start exposing these things, they really don’t have any defense.
  • They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
  • We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
  • They would plant bugs in our attic in Okinawa, things like that.
  • The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
  • Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
  • We were just tired of people thinking that if it was in the New York Times it must be true.
  • The fact is that those people lie all the time.
  • I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.

Guest – Attorney William Schapp graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of media and intelligence.

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A Panel Discussion: Militarizing, Domestic Spying, and the Boycott of Israel

We hear a presentation by David Swanson with the (New Yorkers Against the Cornell-Technion Partnership – NYACT) presentation. David Swanson is working to organize a movement to end war at WorldBeyondWar.org. His books include “War Is A Lie.” He blogs at davidswanson.org and warisacrime.org.

Recorded by Deep Dish TV

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Law and Disorder January 22, 2014


Updates:

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Imagine: Living in a Socialist USA-Frances Goldin, Michael and Debby Smith

Our own co-host Michael Smith, his wife Debby and Frances Goldin have assembled and edited an anthology of powerful essays titled Imagine Living In A Socialist USA. Prominent thinkers, activists and artists have given their perspective of what the United States would look like through the lens of a socialist society. This new work is an important contribution to what we hope will be a broader movement. It includes an indictment of capitalism, an alternative U.S.A. and how to get there.

Frances Goldin:

  • It was my brainchild because I wanted to accomplish 3 things before I joined by ancestors. One is everyone who lived in Cooper Square who had been fighting Robert Moses and saving their old tenements since 1959 its been a tremendous long struggle.
  • This is the only community land trust in the Northeast. The only one.
  • The next one is that I was really distressed at the direction our country was moving. Here I am 89 years old and all of a sudden North Carolina says that we’re going back to the old days where you had to bring in your right arm and read the Constitution without missing a word in order to vote. That plus spying on every American and continuing the wars.
  • It was just breaking my heart. I was very distressed that everybody thought that socialism was a dirty word, it was an undemocratic terrible way of life and they just didn’t have a clue as to what it really meant.
  • I thought it would be a great idea to pull together some of the greatest minds in the country and let them talk about health, education, welfare, homosexuality, every subject that effects American’s lives and explain how it would be different under socialism if it were democratically done, which is the only way it should be done.
  • Within one year, 31 leading brains in the United States for no charge, they did it free, wrote their essays on each one of these subjects. The book is in my hand, its finished and its beautiful and it makes me so happy. That’s my second accomplishment.
  • The third one is to see one of the leading intellectuals in the world free, forever free. Mumia Abu-Jamal.
  • I couldn’t do it alone, it was a great plan and so I leaned on to dear friends, Debby and Michael Smith.
  • I had to force Harper Collins into this, they really didn’t want to do it.
  • We were very lucky to hire an incredibly good editor, whose livelihood was editing for magazines and newspapers. If a sentence was too long, he cut it into 2 or 3 sentences.
  • Right now, the word socialism, people think of dictatorship, they think terrible things, they think undemocratic.
  • This is a simple instruction about how it would effect us with regard to health, education, housing, welfare, all of those subjects which make it so difficult for all of us to live.
  • It can’t be a dirty word, it happens to be the most democratic way of governing possible.
  • Get the workers to run the company. It’s happening in Spain, with dozens of corporations that have become worker owned.
  • It’s going to be the workers dividing the profits among themselves.
  • It will only happen when the workers are angry enough and informed enough to know that they can run the show.
  • Every penny of the royalties will go to free Mumia Abu-Jamal
  • We are not earning one dime from this book. It was a labor of love. It was a labor of activism.
  • It was a labor to change the world and make it a better place.

Guest – Frances Goldin is the President & Principal of Frances Goldin Literary Agency.  Frances has worked in publishing for 63 years, as an agent and as editor-in-chief of a children’s publishing company; she founded the Frances Goldin Literary Agency and sold her first book in 1977. Authored by Black anthropologist Betty Lou Valentine and titled Hustling and Other Hard Work, the book continued to receive royalties for 32 years. One of the agency’s strengths is that many of its books continue to earn royalties long after publication. Reflecting Goldin’s radical politics, the Agency concentrates on literary fiction and serious, controversial, progressive non-fiction.
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Attorney Michael Smith:

  • I don’t think its a dirty word, because people see what’s going on under capitalism and they don’t like it. The economic situation in this country ain’t gonna change, its only going to get worse.
  • Frances is quite an influential literary agent in this country.
  • What’s your definition of socialism? I said a democratic economy and political system, both where people from the bottom up control how we make a living, and how we live.
  • We’re having a book launch on January 27. It’s at 126 Crosby Street in SOHO at the book store called Housing Works.
  • In order to achieve the kind of socialism we’re talking about and that’s socialism from the bottom up you need a broad democratic movement of people.
  • All the left wing parties, all the movement groups, we gotta get together around a common program.
  • One of the chapters that I really like, and this isn’t to flatter you Michael Ratner, but you wrote a chapter on what I would do if I was US Attorney General.
  • Paul LeBlanc writes his chapter about the 3rd American revolution. Diane Feeley writes about that in her chapter. She’s an auto worker retired from Detroit.
  • Michael Zweig, the great sociologist, we reprint his speech from Occupy Wall Street where he talks about the 1 percent, the ruling class.
  • He says actually its 1/10 of 1 percent. Those are the people who are the top of the economy and different organizations in this country. He said, you gotta be very careful, because these people will kill ya.
  • In the second part of the book, we emphasize use your imagination. How do we organize the economy democratically?
  • How do you organize a corporation democratically? Rick Wolff wrote that chapter.
  • There are 31 chapters in the book. The last chapter suggests itself. How do we do it?
  • We’re not against leadership, we’re against undemocratic leadership but you need people who’ve had some experience and who can draw the lessons of the past.

Guest – Attorney Michael Smith is co-host of Law and Disorder, and a New York  City attorney and author.  His most recent book, written with Michael Ratner , is Who Killed Che? How The CIA Got Away With Murder. He is on the boards of the Center for Constitutional Rights, and the Brecht Forum. He was educated at the University of Wisconsin in the 1960s, where he learned social history from the great teacher Harvey Goldberg. He has testified on Palestinian rights before committees of the US Congress and the United Nations.

Guest – Debby Smith is a long time socialist since going to college in Boston during the radical sixties. Debby worked full-time for the anti-Vietnam War movement, the Kent State Legal Defense Fund and in the feminist, union and socialist movements. She is also the wife of Michael Smith and participates in the anti-capitalist and pro-democracy movements that are growing rapidly in the United States and worldwide.

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Law and Disorder January 13, 2014


Updates:

  • Lynne Stewart Released From Prison, Returns Home
  • Media, Pennsylvania Activists Come Forward
  • White House Report: “Liberty and Security in a Changing World”

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Mumia Abu-Jamal, Heidi Boghosian and Professor Johanna Fernandez

We at Law and Disorder have kept you updated on his case for the 10 years we’ve been broadcasting. It’s our pleasure to welcome Mumia Abu-Jamal as our special guest. Professor Johanna Fernandez joins us as Mumia calls from SCI Mahanoy in Frackville, Pennsylvania. Johanna is a Professor of History at Baruch College and co-coordinator of the newly launched campaign to bring Mumia home.

Mumia Abu-Jamal:

  • I remember with quite a degree of distinction receiving in the mail, a packet full of xeroxed FBI files.
  • I believe by 1971, I had left the party. I read through files that named names and detailed internal affairs of the Black Panther Party of Philadelphia, the national office, other organizations, activists all through out the city and the region.
  • We lived in communal apartments and houses. We lived together we worked out of the same offices, we spent all day together with each other.
  • To read about lies that were in those files, and the people that you knew for years that were FBI informants, stuff like that, it was absolutely mind blowing.
  • Media, Pennsylvania story: I think they are the linear ancestors of Edward Snowden.
  • These were anti-war people for the most part, living their own lives but willing to make a contribution to the movement, because they were part of the movement.
  • It’s interesting that these file come out now, because for someone who has been reading and writing recently, about the Reverend Dr. Martin Luther King Jr., people know now that the FBI taped hotel rooms where Martin and Ralph David Abernathy and other civil rights activist were staying.
  • They tried to use those tapes to blackmail Martin King and actually force him into suicide.
  • This was all part of Hoover’s plan to destroy the Black Freedom Movement and any movement that was against what the government was doing.
  • It’s interesting that Law and Disorder is talking about 9/11 when right there in New York you have an estimated 100 cops who used 9/11 to justify scamming the public. Cops, prison guards and a few firefighters.
  • When you think about the ordinary heroes. These are people whose names are not known. Those nameless black mothers, grandmothers, sisters and daughters, they made that movement possible. (Black Freedom Movement)
  • Even if you think of Edward Snowden. He’s an average guy, no college education, he’s like a computer whiz. Now he got a great job and he resolved in his mind, in his heart, in his soul, that he would not be silent about the things he saw and heard.
  • BringMumiaHome.com
  • Law and Disorder Interview – The Framing of Mumia Abu Jamal by J.Patrick O’Connor

Guest – Mumia Abu-Jamal is a renowned journalist from Philadelphia who has been in prison since 1981 and was on death row since 1983 for allegedly shooting Philadelphia police officer Daniel Faulkner. After decades of appeals, he left death row in 2012 but is still facing a life sentence. He is known as the “Voice of the Voiceless” for his award-winning reporting on police/state violence brutality and other social and racial epidemics that plague communities of color in Philadelphia and throughout the world.

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Federal Court Allows For DHS Laptop Searches At Border

Each year, thousands of American citizens returning from abroad are subjected to searches of their laptops, cell phones and other personal devices. The Department of Homeland Security claims it has the right to such searches regardless of whether the traveler is suspected of wrongdoing.

A federal court recently dismissed a 2010 lawsuit against the DHS. The ACLU, and the National Association of Criminal Defense Lawyers, filed the suit on behalf of Pascal Abidor, a dual French-American citizen whose laptop was searched and confiscated at the Canadian border, as well as the National Press Photographers Association and the NACDL. Abidor was traveling from Montreal to NY on Amtrak when his laptop was searched and taken by customs officers. He was questioned, taken off the rain in handcuffs and held in a cell for several hours. When his laptop was returned, many of his files, chats and photos had been searched.

Attorney Brian Hauss:

  • The agent opened Mr Abidor’s laptop and started looking through the files on his desktop.
  • She found a couple pictures that she showed to agents around her. She turned the laptop around to see what he thought about the pictures she identified.
  • One was a picture of a Hamas rally in Israel, and the other picture was of a Hezbollah rally in Lebanon.
  • Mr Abidor explained that these were related to his graduate work in Islamic studies.
  • The agents thought these pictures were suspicious, and they took Mr. Abidor off the train, the train left without him. They put him in handcuffs and placed him in a holding cell where he was forced to wait for several hours.
  • While he was there, the agents interrogated him about his studies, his associations, his interests in Islam, etc.
  • Eventually they decided there was no evidence of wrong doing. They decided to let him go but not before seizing all his electronic devices and specifically detaining his laptop for an indefinite period of time.
  • When they returned his laptop 11 days later he was able to determine from the last open date on his files, that the government had actually inspected his personal photographs a transcript of a chat he had with his girlfriend, copies of his email correspondence, class notes, journal articles, tax returns, his graduate school transcript and even his resume.
  • He decided to come to us and we brought a lawsuit on his behalf challenging this policy.
  • David House is a very talented computer programmer who lives in Cambridge, Massachussetts and he was at one time deeply involved in the Bradley Manning support network.
  • The government figured out that David House was related to Chelsea Manning and they wanted to question him in connection with the Wikileaks investigation.
  • They set up an alert in the data base, known as the Text Database. It let the government know whenever Mr. House was leaving the country.
  • When Mr House returned (from leaving the country) government agents were waiting for him at Chicago O’Hare.
  • They interrogated Mr. House about wikileaks and his political activities and confiscated his laptop and electronic devices.
  • When we brought a lawsuit on Mr. House’s behalf and actually settled with the government, the DHS notes after reviewing all of his materials after going through every file on his laptop . . concluded there was absolutely no evidence to seize these devices. There was strong reason to believe they knew this from the beginning and they knew they couldn’t get a probable cause warrant by a judge.
  • As we understand it, the DHS can put anyone it likes into the Text Database.
  • Our understanding is that from October 1, 2008 to June 2, 2010 more than 6,500 people.
  • What we asked for in our FOIA request was the DHS Civil Rights and Civil Liberties Impact Report on border searches. We ultimately got the report with some redactions pertaining to the government’s legal analysis of why its allowed to engage in suspicionless searches.

Guest – Brian Hauss,  the William J. Brennan Fellow with the ACLU’s Speech, Privacy, and Technology Project. At the ACLU, he has been involved in litigation challenging the federal government’s suspicionless search and seizure of laptops and other electronic devices at the international border. Brian is a graduate of Yale University and Harvard Law School. After graduation from law school, he served as a law clerk to the Honorable Marsha Berzon of the United States Court of Appeals for the Ninth Circuit.

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Law and Disorder January 6, 2014


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They Were Soldiers: How the Wounded Return from America’s Wars

What are the true costs of war in Afghanistan? Our guest, author Ann Jones has written an impactful book titled They Were Soldiers: How the Wounded Return from America’s Wars, it chronicles a world mostly hidden from the public. Ann Jones has spent nearly a decade working with Afghan civilians and writing about the effects of war on their lives but in the last couple years, she focused on the human toll on and off the battle field as U.S. soldiers return back from war zones with permanent mental damage, missing limbs or as quadruple amputees.

Ann Jones:

  • I live in Norway where peace is taken for granted as it is in Europe.
  • The United States looks crazed, the way we send our forces out all over the world, are always looking for a fight.
  • Any unit of any size has a special unit within it that does mortuary affairs because all combat units are losing soldiers all the time and even soldiers who never leave base may be victims of this war. Suicides for example.
  • The job of the soldiers assigned to mortuary affairs is to protect the other soldiers from knowledge of those deaths.
  • Their job is to go out and retrieve the pieces of soldiers who very often in Afghanistan have literally been blown to pieces and bring those body parts and remains back to the base, to thier little secret part of the base and try to match up and put them in “transfer cases.” – to transfer them home to Dover, Delaware where they are repackaged, gussied up to be put in coffins and sent on for families for burial.
  • Landstuhl Regional Medical Center is very close to Ramstein Air Base in Germany. There are special air ambulance services that go out from there to Africa, to Asia to pick even individual casualties. The individuals are often members of the CIA or private contractors or military special ops people.
  • The suicides have been increasing year by year. Many of those suicides take place in the field. There have been a number that have been documented as a result of hazing and sexual assaults.
  • A great many more take place here at home when soldiers return and find that they can’t live with themselves.
  • I think what’s really troubling now is the number of soldiers and ex soldiers who aren’t really counted in this statistic who are taking their lives under the influence of opiad-pain killers, that have been pushed upon them by big-pharma.
  • They’re shown to be highly addictive, particularly in young people and to be heavily implicated in suicide.
  • The rate at which soldiers under treatment in the V.A. are taking their lives is what should be a national scandal.
  • It’s estimated that 1 in 3 women soldiers have been the victim of sexual assault.
  • Though in fact the number of male soldiers victimized is even greater. The percentage is less but the number is greater because men still represent 85 percent of the personnel in the military.
  • Congress is supposed to vote on military appropriations for 2014 very shortly. Kirsten Gillebrand, the senator from New York is leading the campaign to attach an amendment to that budgetary appropriation that would remove the prosecution, the reporting and the decision about the prosecution and the prosecution itself from the chain of command and place it in the hands of specially trained military and civilian legal units.
  • Who joins? It’s kids, from poor families, from dysfunctional families. Mainly from in the  South and the “rust belt” and urban centers who see very little if any, opportunity for their ambitions and their idealism in their home communities.

Guest – Ann Jones, a journalist, photographer, and the author of ten books of nonfiction. She has written extensively about violence against women. Since 2001, she has worked intermittently as a humanitarian volunteer in conflict and post-conflict countries in the Middle East, sub-Saharan Africa, and central and south Asia. From Afghanistan and the Middle East, she has reported on the impact of war upon civilians; and she has embedded with American forces in Afghanistan to report on war’s impact on soldiers. Her articles on these and other matters appear most often in The Nation and online at www.TomDispatch.com. Her work has received generous support from the Radcliffe Institute for Advanced Study at Harvard University, where she held the Mildred Londa Weisman Fellowship in 2010-11, the John Simon Guggenheim Memorial Foundation (2011-12), and the Fulbright Foundation (2012). She lives in Oslo, Norway, with two conversational cats.

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The Black Misleadership Class Versus the Movement and its Legacy

We go now to hear Glen Ford speaking at the Black Agenda Report 7th anniversary gathering at Harlem’s Riverside Church. The theme of the event was ““The Black Misleadership Class Versus the Movement and its Legacy.”  Ford gives strong criticism of newly elected New Jersey Senator Cory Booker as the essence of Black misleadership, showing the many ties of the current Newark mayor to corporate America.

Glen Ford is the Black Agenda Report executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.

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