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Archive for the 'Afghanistan War' Category


Law and Disorder May 16, 2016


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Tomas Young’s War

At age 19 Tomas Young joined the Army two days after the 9/11 attacks. For patriotic reasons he wanted to fight in Afghanistan because of that country’s connection to the attack.

He was instead deployed to Iraq, a country that had zero connection to the attacks on September 11, 2001. He was in Iraq but a few days when he was shot in an insurgent ambush while sitting in the back of an open truck driving through an area of unrest in Baghdad.

The first shot severed his spinal cord paralyzing him from the nipples on down. The second shot shattered his knee. He never felt it. Tomas Young lived for nine years with his catastrophic injury. He became a forceful and eloquent spokesman against the war in Iraq.

The movie “body of war” was made about him.  Tomas died of his injuries in 2014 at the age of 34.

Guest – Cathy Smith, a single mother who had cared for her son Tomas and advocated for him.

Guest – Mark Wilkerson spent eight years in the U.S. Army as an AH-1 Cobra & UH-60 Black Hawk helicopter crew chief with the 3rd Infantry & 101st Airborne Divisions. He was deployed with the 101st to Mogadishu, Somalia, for six months in 1993. Mark has three children, Alex, Nick and Sam. He lives in Louisville, Kentucky with his wife Melissa. This is his third book. Phil Donahue and the DONAHUE show have been honored with 20 Daytime Emmy Awards, including nine for Outstanding Host and a George Foster Peabody Broadcasting Journalism Award.

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Surveillance State and Tor

As computer technology has evolved and communications providers have profited, law enforcement and government intelligence organizations increasingly lobby to mandate that data services be engineered to allow them “back door” access to encrypted data.

Even as expansive anti-terrorism legislation provides more ways for the government to harvest our personal data, calls still continue for regulation of technology to ensure extra access channels. With each high-profile criminal attack, on U.S. soil or elsewhere across the world, government efforts to access personal communications gain momentum.

Years ago, many considered TOR, software that enables anonymous communication, to be equivalent to the Dark Net, the nefarious sites and services accessible on the Tor network that promote/enable illegal activity such as drug and gun marketplaces. After Edward Snowden’s massive data release, however, TOR use in the last year has grown quickly.

Guest – Shari Steele, Executive Director of the Tor Project. As the former director of the Electronic Frontier Foundation, Shari built it into the nation’s preeminent digital rights organization.

 

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Law and Disorder April 11, 2016


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From #BlackLivesMatter to Black Liberation

Cornel West calls it the best analysis we have of the Black Lives Matter moment of the long struggle for freedom in America. Keeanga-Yamahtta Taylor’s new book, “From #BlackLivesMatter to Black Liberation,” explores how a new generation of Black radicals–in challenging abusive policing practices, over-imprisonment of Black persons, deeply ingrained stereotypes of African Americans as especially dangerous and devoid of humanity, along with other forms of racist state oppression–is carrying on the fight for Black liberation through renewed activist uprisings. Combining historical accounts with insightful analysis, she demonstrates the interconnection between institutional racism and class oppression, reminding us how inequality and racialized state violence are byproducts of capitalism.

Guest – Keeanga-Yamahtta Taylor is assistant professor in the department of African American Studies at Princeton University. She writes on Black politics, social movements and racial inequality in the United States.
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Black Movement-Law Project

Several attorneys and legal activists involved in Ferguson, Baltimore and Cleveland protests have formed the Black Movement-Law Project. The Project provides legal support to local communities across the nation as they take to the streets to protest police misconduct, and systemic racism.

Their approach to community activism is itself community based: they offer legal and technical assistance based on the premise that local mass movements frequently lack legal expertise. They help arrange rapid responses to support activists on the ground by providing legal observers, know your rights trainings, and jail support. Their national network of human and civil rights attorneys offer assistance to local communities in the form of legal representation and long-term impact litigation.

Guests -Black Movement-Law Project co-founder Abi Hassen. Abi Hassen is an attorney, consultant and cofounder of the Black Movement-Law Project. He was formerly the mass defense coordinator at the National Lawyers Guild. He has a J.D. from New York University School of Law, and an undergraduate degree in computer science from The Evergreen State College. With his extensive background in labor, political and community organizing, Abi has been active at the intersection of law, technology and organizing for social justice for over a decade.

Guest – Black Movement-Law Project co-founder Nathan (Nash) Sheard, is a legal activist and organizer with the BMLP.

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Law and Disorder March 28, 2016


By Evan Guest - Donald Trump in Muscatine, Iowa, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=46705061 fff_655

Seeds Of Fascism In The United States

There has been much discussion in liberal and left circles about whether Donald Trump is a fascist and whether the country is in danger of becoming fascist. It is pointed out the Trump is a demagogue, lies, is for violence, is a racist against Muslims and Mexicans, and is misogynist with respect to women. He is for bringing back torture and and increasing American aggression in Syria.

Guest – Professor Paul LeBlanc, a professor of history at the La Roche College in Pittsburgh and has written and participated in the US labor, radical, and civil rights movement. Professor LeBlanc is the author of books on the European revolutionaries Lenin, Trotsky, and Rosa Luxembourg. With respect to America, he wrote “a short history of the US working class.” And co-authored with economist Michael Yates the highly acclaimed “freedom budget for all Americans: recapturing the promise of the civil rights movement in the struggle for economic justice today.”

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United States, Cuba Relations 2016

The Cuban revolution of 1959 was not just a political revolution. It was a social revolution. The 99% took over the resources of their own country and the 1% fled to Miami.  In response United States began a blockade of Cuba in 1960. A memo written by a senior State Department official laid out American policy. It advocated “a line of action that makes the greatest inroads into denying money and supplies to Cuba, to decrease monetary and real wages, to bring about hunger, desperation and the overthrow of the Castro government. ”

Last year United States reestablished diplomatic relations with Cuba and last week Obama said in Havana that “I affirm that Cuba’s destiny will not be decided by the United States or any other nation.  We talk about the US relations with Cuba and President Obama’s recent visit with Walter Lippman.

Guest – Walter Lippmann, editor of the Cuba News Yahoo News Group.

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8th Annual Brookyn Folk Festival

Co-hosts Michael Smith and Heidi Boghosian are joined by Eli Smith to talk about the upcoming Brooklyn Folk Festival. Eli is a banjo player, writer, researcher and promoter of folk music. He’s a Smithsonian Folkways recording artist and produces two folk festivals annually, the Brooklyn Folk Festival in the Spring and Washington Square Park Folk Festival in the Fall.

 

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Law and Disorder January 18, 2016


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NYC Teacher Fired For Lessons About The Central Park Five

An English teacher at a New York City high school claims that she was fired because of a lesson on the so-called Central Park Five which school administrators warned her would “rile up” black students. Jeena Lee-Walker recently filed a lawsuit in federal court against the Dept. of Education and several administrators from the High School for Arts, Imagination and Inquiry after being fired for insubordination and poor evaluations. She claims they were the result of her pushing back on topics like the Central Park Five. Lee-Walker,  who graduated from Barnard and has post-graduate degrees from Harvard and Fordham, began working at the school in 2013 and says she was told to be more “balanced” in covering the Central Park Five case in November of that year.

The  lawsuit claims retaliation against her “violated her First Amendment right to discuss the Central Park Five case, and that the firing violated the city’s contract with the teacher’s union because she was not given a required 60 days notice.” As listeners may recall, the Central Park Five, who were wrongfully jailed for the 1989 rape of a Central Park jogger, received a $42 million settlement from NY City. In 2014, they sued the state seeking $52 million in damages for the emotional trauma of being incarcerated for years for a crime they were coerced into confessing to.

Guest – Attorney Ambrose Wotorson, a Brooklyn based attorney who is representing Jeena Lee-Walker in this case. He’s a trial lawyer focusing employment law and business litigation. Twitter account.

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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

Retired Florida U. S. Senator Bob Graham was the head of the US Senate intelligence committee and also  the chairman of the 9/11 commission of inquiry. He is the leading person trying to get President Obama to release to the public the suppressed 28 pages of the 911 report which have been hidden. Senator Graham contends that the 19 hijackers, 15 of whom who were Saudi Arabians,  could not have pulled off the operation alone and that in fact they were part of a support network involving the Saudi Arabian monarchy and government which helped plan, pay for and execute the complicated 911 plot which, says Senator Graham, would have otherwise been impossible to accomplish. Senator Graham has written the book Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror. It provides a candid insight to the workings of the US in Saudi relations and their implications on US foreign-policy making as it pertains to the middle east and bags tension, contemporary geopolitics.

Guest – Senator Bob Graham, is the former two–term governor of Florida and served for 18 years  in the United States Senate. This is combined with 12 years in the Florida  legislature for a total of 38 years of public service. As Governor and Senator,  Bob Graham was a centrist, committed to bringing his colleagues together behind  programs that served the broadest public interest. He was recognized by the  people of Florida when he received an 83% approval ranking as he concluded  eight years as Governor. Bob Graham retired from public service in January  2005, following his Presidential campaign in 2004.

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Saudi Arabia, Wahhabism and Middle East Geopolitics

We take a deeper look at Saudi Arabia and its relationship first United States and then to the other countries in the Middle East region.

Guest – Professor Rashid Khalidi, a Palestinian American who grew up in New York City. He teaches at Columbia University where he is the Edward Said Professor of Arab studies and the head of the Middle East Institute.  He is the author of a number of books, most recently “The Iron Cage: The Story of the Palestinian Struggle For Statehood. He has written more than 80 scholarly articles on Middle Eastern history and politics as well as op-ed pieces in the New York Times, the Boston Globe, the Los Angeles times, the Chicago Tribune, and The Nation magazine.

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Law and Disorder August 10, 2015


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Lawyers You’ll Like : Attorney Linda Backiel

As part of our Lawyers You’ll Like series today we speak with attorney Linda Backiel. She’s a lawyer and poet living in San Juan, Puerto Rico. She’s played an instrumental role in defending independentistas in the fight against colonialism in Puerto Rico. As part of that struggle she defended those who were ultimately successful in kicking the military out of Vieques. A small island near Puerto Rico. For 40 years of law practice, she devoted much of her energy to the defense of political prisoners often with her friend and mentor, Lenny Weinglass. A Poem For Lenny Weinglass.

Guest – Attorney Linda Backiel, a criminal defense attorney and poet living and practicing law in San Juan, Puerto Rico. Here is Linda Backiel’s transcript  from the talk she gave at the celebration of the 50th anniversary of the Criminal Justice Act.

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Rubin “Hurricane” Carter 1937-2014

In April of this year, celebrated boxer and prisoner-rights activist Rubin “Hurricane” Carter died at the age of 76. He had become an international symbol of racial injustice after his wrongful murder conviction forced him to spend 19 years in prison. Carter was arrested for a triple murder in his hometown of Patterson, New Jersey. He said he was innocent, was convicted by an all white jury, and sentenced to three consecutive life sentences. In 1976, the New Jersey State Supreme Court overturned his conviction on grounds the authorities withheld material evidence from the defense. But Carter was convicted again in a second trial in 1976. In 1985, that conviction was overturned by a U.S. district court judge, who concluded the state made an unconstitutional appeal to racial prejudice. In 1988, the Passaic, New Jersey, Prosecutor’s Office dropped all charges against Carter.

Attorney Myron Beldock:

  • He was a defendant in a criminal case in New Jersey involved the triple shooting and three murders of 3 people in the Lafayette bar in Patterson, New Jersey.
  • He and his co-defendant John Artis were represented at the first trial and they lost, (convicted) and Rubin started his campaign to get out of jail and wrote his book the 16th Round.
  • He was charismatic and powerful, a great thinker, very very intellectually strong person as well as being spiritually strong.
  • Almost a typical case, high profile case, where you get people who are vulnerable and easily manipulated because of their need for their own benefits to falsely testify.
  • We set aside the convictions when we learned about the benefits that were given to the witnesses.
  • We went again to trial in 1975. At that time the atmosphere had changed. There was a new prosecutor, they came up with a theory that it was actually a racial revenge killing.
  • Earlier that night, a white former bar owner had shot and killed the black purchaser of the bar from him.
  • That was always known and there was no motives attributed to the killings in the first trial but the second trial really based on speculation and bias, they argued persuasively to the jury that this was a racial revenge killing.
  • Mr. Bellow who was the supposed eye witness who testified, there were two of them in the first trial, was being questioned by me on the stand as to why he recanted his recantation. The prosecutor persuaded him to again tell the story he told at the first trial, identifying Rubin and John and I was trying to establish that they had falsely manipulated him when I was pulled into the chambers along with my co-counsel Louis Steele who represented John Artis and told that if I question him further, the jury would learn that he passed the lie detector test, supporting what he said at the first trial. Supporting his identification (of Rubin Carter)
  • We did have that test. It seemed like that was the result because that’s the way it was written. In fact that was a fraud.
  • The polygraph results were completely opposite of what they were purported to be.
  • The prosecutors in that case, two of them became judges, rewarded for what they did.
  • Rubin was not a popular person, he had been an outspoken civil rights person.  It was a cesspool of rumors without any evidentiary basis.
  • The entire community there almost in Passaic New Jersey treated us like we were the devil.
  • It was the coldest community reception I ever encountered in any place.
  • Rubin would call every year (from Canada) on the anniversary of his release.  He got a group of Canadian do-gooders and free thinkers to join him in fighting to set aside convictions for people who were wrongly convicted in Canada.
  • He would vet the briefs that we sent. He was a very unusual client.
  • Rubin refused to act as a prisoner because he wasn’t anyone who was guilty he said.
  • So, he didn’t eat prison food, he didn’t take prisoner assignments, he didn’t wear prison clothes and somehow or other he was able to pull that off.
  • People think of it as being another time, I’ve been practicing law long enough and I don’t think anything changes.
  • The same kind of bias runs deep throughout the community its just masked somewhat differently.
  • You make your luck in these cases, you have to forge ahead.
  • His insistence on being an innocent person and will not compromise with the system is the kind of inspiration that pushes us on as lawyers.

Guest – Attorney Myron Beldock, graduated from Erasmus Hall High School in 1946, Hamilton College in 1950 and Harvard Law School in 1958. He served in the U.S. Army from 1951 to 1954 and as an Assistant U.S. Attorney in the Eastern District of New York from 1958 to 1960. After several years as an associate with a small New York City firm and as a single practitioner, he brought together two friends and former Assistant U.S. Attorneys, Elliot Hoffman and Larry Levine, to form Beldock Levine & Hoffman in 1964. He is best described, by his own definition, as an old-time general practitioner. He concentrates on trial and appellate litigation, in state and federal courts, in defense of criminal charges and in pursuing plaintiffs’ civil rights actions based on police and prosecutorial misconduct and employer and governmental discrimination. He regularly consults and defends charges of professional discipline. He represents plaintiffs and defendants in a wide variety of personal and business related matters, working with others in the firm’s various practice areas.

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Law and Disorder April 6, 2015


 

Updates:

  • Attorney Heidi Boghosian Tells Of How She And Johanna Fernandez Found Out Mumia Abu-Jamal Was Rushed To Local Health Facility
  • Campaign To Bring Mumia Home
  • Attorney Michael Ratner: Hobby Lobby State Religious Freedom Acts
  • Attorney Michael Ratner: Palestine Joins The ICC
  • Attorney Michael Ratner: Obama Issues Executive Order On Hackers

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Why The Rise Of Fascism Is Again The Issue

Fascism has taken on many forms through the rise and fall of empires. One aspect of modern day fascism can seen as propaganda, lies and deceit used as political leverage to eventually absorb sovereign states. Our guest John Pilger lays out the swath carved by fascism in the last 70 years in his recent article Why The Rise Of Fascism Is Again The Issue. Using the word carefully, Pilger describes a new kind of fascism, centered in America but based on the big lie of war and aggression. Pilger documents key events from the Holocaust to Libya to Serbia, to Yugoslavia, to Afghanistan in the 1970s, to Vietnam and up to the current revival of fascism in the heart of Europe. We get a historic perspective from John Pilger, going all the way back to the second world war. If you think the wars in Iraq, Afghanistan, Yugoslavia, Libya and now the Ukraine occur by happenstance, you are mistaken says Pilger, an Australian-British journalist based in London. These are part of the American effort to become the global power.

Guest – John Pilger, an Australian-British journalist based in London. John has worked in many facets of journalism, including a correspondent in the Vietnam War, the Middle East Desk for Reuters in London, a documentary film maker, and a producer for the Independent Television Network in London. Pilger is known for his conscience, bravery and acute historical insight.   His articles appear worldwide in newspapers such as the Guardian, the Independent, the New York Times, the Los Angeles Times.

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Donate now!

Is Law and Disorder important to you? Consider a tax deductible donation to the show. By making a donation, you’ll be helping Law and Disorder continue to provide the consistent high quality content on some of the most pressing legal, human rights and international issues. This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law.

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Law and Disorder November 17, 2014


Updates:

  • Michael Ratner: U.S. President Barack Obama To Seek Additional War Powers From Congress

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ICC Says Gaza Still Occupied, Israel May Have Committed War Crimes, But Court Refuses To Hear

Attorney Michael Ratner:

  • When I’m in Berlin I see there’s a ICC decision by the prosecutor.
  • People probably remember the attack on the Gaza flotilla, particularly the Mavi Marmara. One of 8 boats that were sent from Europe and other places, Turkey, to try and break the blockade that Israel had imposed on Gaza.
  • Israel has been blockading Gaza forever essentially but it put in a very serious naval blockade in 2009 and no boats from the Mediterranean could approach within 20 miles of what Israel called its blockade.
  • The Gaza Flotilla was established in 2010 to try and break the blockade it had 8 ships, one was named the Rachel Corrie.
  • They were at least 80 miles away from Gaza, hadn’t even got into the blockaded territory when the Israeli commandos, the IDF made a raid on those boats.
  • Particularly on the Mavimarmara which was a Turkish boat – the fact that the boat was registered in Comoros gave the ICC jurisdiction over the raid.
  • People may recall the raid. Israeli commandos shimmied down on ropes from helicopters on to the Mavimarmara and they killed 9 people. A tenth died later.
  • Ultimately, Comoros made a complaint to the ICC that – Israel attacked this flotilla even outside the 20 mile blockade zone, they committed war crimes. War crimes in that they were attacking civilian boats. War crimes in that they were killing civilians.
  • Here I am sitting in Berlin thinking about the 76 anniversary of Kristallnacht, the tearing down of that wall, Raji Sourani from Gaza not being able to get in, and this ICC decision comes down.
  • The ICC prosecutor says there’s a reasonable basis that war crimes were committed by the IDF in their attack on the Gaza Flotilla.
  • The next sentence said as part of that finding Gaza was an occupied territory of Israel. That’s of great significance because when you’re an occupying force the laws of war apply. If you commit war crimes, if you kill people – civilians or intentionally targeting them or attack civilian objects.
  • The third sentence is while we find that there was a reasonable basis that the IDF committed war crimes and that Israel continues to occupy Gaza despite its claim in 2005 that it left Gaza we are not going to take jurisdiction and further investigate the case, because the crimes were not essentially severe enough, big enough, enough of them . . . and therefore we’re not going to take this case.
  • To look at them in an isolated way and not part of a stream of war crimes Israel has been committing since 1948 is outrageous.
  • The Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia

Law and Disorder Co-host Attorney Michael Ratner,  President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books Who Killed Che? How the CIA Got Away With Murder, The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.

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U.S. Government Finds 67-year-old Palestinian-American Rasmea Odeh Guilty

Earlier this summer we reported on Rasmea Odeh’s case. She’s a 67 year-old Palestinian American, community activist and teacher. In the fall of 2013, she was arrested by Department of Homeland Security for failing to disclose a 1969 conviction in an Israeli military court and charged with unlawful procurement of naturalization. Odeh, her father and fiancee were brutally tortured in an Israeli prison in 1969, which was related to a bombing in a Jerusalem supermarket. Israelis extracted a confession from Odeh and she spent 10 years in an Israeli prison where she was tortured and sexually assaulted.

Last week, Rasmea Odeh was found guilty of one count of Unlawful Procurement of Naturalization. For over a year, Rasmea, her supporters, and her legal team have been battling this unjust government prosecution, saying from the start that the immigration charge was nothing but a pretext to attack this icon of the Palestine liberation movement. And although there is real anger and disappointment in the jury’s verdict, it was known as early as October 27th that she would not get a full and fair trial, because Judge Gershwin Drain made it nearly impossible for her defense.

 Attorney Michael Deutsch:

  • This case emanates from the FBI and the US Attorney in Chicago investigating the work of the Arab American Action Network and other people who were doing Palestine solidarity work in the Chicago area and throughout the Midwest.
  • They were bringing speakers here from Palestine to educate people
  • As a result of that work they were targeted by the FBI. Ultimately in September of 2010, the homes 7 activists were invaded. All their political material was taken. There was a Grand Jury that convened and 23 activists were subpoenaed and they also sought the records of the Arab American Action Network.
  • The U.S. Attorney of Chicago sent a request to Washington to look into the records of Odeh in Israel.
  • After several years, the Israelis came up with documents that showed she was arrested in 1969, put on trial by a military tribunal in the Occupied Territories.
  • . . found guilty, horrifically tortured, confessed as did her co-defendants, sentenced to life in prison, put in an Israeli prison, tried to escape in 1975, caught in a tunnel, trying to get out.
  • As a result of this they looked at her Naturalization application and saw that she said no as to whether she had ever been arrested, convicted or in prison and the commenced a criminal investigation and indicted her 9 years after she had gotten her citizenship. Months before a statute of limitations would have run on this charge.
  • We put forward a multi-level defense. One, we said that anything that was produced by the military court, the military judicial system was illegitimate, illegal – you’re tried by soldiers posing as judges. We said that she had been horrifically tortured and we had someone evaluate her over many days and hours, this woman who is one of the leading experts on torture said she (Rasmea) still suffers from PTSD.
  • That would have caused her when she filled out the application to cognitively block what had happened to her 40 years prior in Israel and therefore she wasn’t intentionally lying.
  • The judge refused all our motions, all our defense. He wouldn’t let her (Rasmea) testify about her torture, about her condition, or her innocence. All that was blocked by motions of the government.
  • We went to trial basically with our hands tied behind our backs.
  • What was a shock to me was the judge locked her up, pending sentencing. Now she sits in a county jail in Port Huron, Michigan for five months before the sentencing and obviously if the judge is not going to give her bail pending sentencing, he’s not going to give her bail pending appeal.
  • Judge Gershwin Drain who is African American who at first was kind of sympathetic and supportive and initially said we were allowed to put on our PTSD expert and put on a PTSD defense. Then all of a sudden the government put a move to reconsider, he changed his mind and basically gutted our trial.
  • We know of efforts all over the country to suppress student activity (around issues of Israel – Palestine)
  • We have to convince the judge to let her out on an appeal bond. Even after all that if she’s sentenced, she’s going to go to prison and then when she’s done with her prison sentence, they’re going to put in her into immigration prison and they’re going to deport her.

Guest – Attorney Michael Deutsch, after clerking for United States Court of Appeals Judge Otto Kerner, Mr. Deutsch went into private practice, joining People’s Law Office in 1970 where he has represented political activists and victims of police and government civil rights violations. His advocacy has taken him all around the world, including to hearings in the United Nations. He has tried many civil and criminal cases in federal and state courts, and has written and argued numerous appeals, including several in the United States Supreme Court.

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Food Chains Documentary Film Opens Nationwide This Week

The documentary film Food Chains opens nationwide in the United States this month. The film brings you into the world of a Florida farmworker led effort to hold responsible the 4 trillion dollar global supermarket industry. The CIW is doing so through the Fair Food program. That’s the program which partners growers and retailers to improve working conditions for farm laborers in the United States. For years, farmworkers often endure abuse, wage theft, and have been beaten and sexually harassed. Food Chains’ producers include Eva Longoria and Eric Schlosser.  Find out about screenings and action to take at www.ciw-online.org

Saturday November 22 – 1:00pm: Screening of Food Chains & Post-film Panel CIW-Quad Cinema (34 W 13th St)  Food Chains also playing on Sat. Nov 22 at 7:45pm

Protest & March to Wendy’s Meet at Union Square Wendy’s (20 E. 14th St) Facebook

Guest – Gerardo  Reyes Chavez, has worked in the fields since age 11, first as a farmer in Zacatecas, Mexico, and then in the fields of Florida picking oranges, tomatoes, and watermelons. He joined the Coalition of Immokalee Workers, a Florida-based human rights organization, shortly after his arrival in the United States in 2000, when his fellow farm worker roommates, who had previously escaped a violent slavery operation hidden in the swamp south of Immokalee, Florida, invited him to come to the CIW’s Wednesday evening community meetings.

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Please help support Law and Disorder, the show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law.

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Law and Disorder November 3, 2014


Updates

  • Michael Ratner Reports On An Important Break In The Julian Assange Case
  • Michael Ratner: Longest Case Of Pre-Trial Investigation In Swedish History In Which The Prosecutor Has Simply Sat On Her Hands.
  • Michael Ratner: What Sweden Did Here Is Divert Attention From The Underlying Problem
  • Michael Smith: United Nations And The Cuban Embargo Vote 2014
  • Michael Ratner: Israeli Business Men Are All Over Cuba

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Blackwater Guards Found Guilty in 2007 Baghdad Killings

Since 2003, private military contractors have been awarded millions of dollars each year by the U.S. Government in contracts. Many of the military contractor personnel have engaged in atrocious war crimes with zero accountability. Last week a federal jury convicted 4 former Blackwater private security contractors on manslaughter charges and 1 for manslaughter and murder of 17 Iraqis in Baghdad on September 16, 2007. The men were prosecuted under the Military Extraterritorial Jurisdiction Act, a law that allows the U.S. courts to hear cases against contractors to the U.S. Department of Defense for crimes committed overseas. The men were originally hired as private security guards for U.S government employees. Lawyers for Blackwater, now known as Academi LLC argued that the men were simply returning fire to protect themselves.Several civil cases filed by victims injured in the shootings were settled in 2010.

Attorney Susan Burke:

  • I think the verdict sends a very loud and large message to the globe that the American judicial system can operate properly.
  • That American juries understand when they see war crimes, they understand when they hear about a massacre.
  • We began working before the Abu-Ghraib photos were leaked. It began when Bob Woodward wrote a story for the Washington Post that revealed that the Bush Administration had decided to use torture as an instrument in the war.
  • We viewed this outsourcing as a potential weak flank in a sense in order to use legal mechanisms, lawsuits in order to prevent this country from departing with its values.
  • We were putting the evidence together before the photos leaked and suddenly we had a lot more evidence to sue the 2 government contractors L3 and CACI that were involved in the Abu-Ghraib torture.
  • The Blackwater case fits into that rubrick where we brought several different law suits along with the Center for Constitutional Rights. We brought the seven law suits for the victims of the Nisour Square massacre as well as for many other victims.
  • If you think about we’re going to the home turf of the wrong doers. The corporations are based in Virginia actually, and so we sued them in their home turf.
  • There’s one (civil) case remaining that’s now being handled by Baher Azmy at CCR and they just got a win from the Fourth Circuit – again getting permission for the case to proceed.
  • The vast majority of victims have settled with L3 paying 5.25 million.
  • Blackwater is a mercenary company that basically earned over a billion dollars from the State Department.
  • They were not at Abu Ghraib rather they were providing security for all of the diplomats and other Americans in Iraq.
  • At the time they were owned by Erik Prince, operated without any oversight from the State Department and they were involved with a significant number of instances were unnecessary and excessive force was used.
  • Erik Prince ended up entering into a settlement and all of those folks obtained compensation.
  • Prince then sold the company, retained a revenue stream but the company became Academi.
  • As a nation we continue to use these mercenaries and we continue to lack any regulation or oversight.       Unfortunately, things didn’t change under the Obama Administration and under Secretary Clinton at the State Department
  • What’s happened is there’s this terrible pattern where these companies have a lot of political influence and they continue to get enormous contracts and the State Department continues to outsource security without have a vibrant, or robust oversight function.
  • Blackwater vehicles rolled into Nisour Square and they began to open fire with heavy automatic weaponry and they simply began to spray indiscriminatly. They began to shoot all over Nisour Square killing people nearby and injuring people as they fled. No provocation, no real reason they began shooting.
  • One of the Blackwater men, a man named Jeremy Ridgeway actually stepped and told the truth early on, pled guilty and explained how this was in fact just indiscriminate shooting for no reason.
  • In order to properly handle these matters I ended up creating my own firm.

Guest – Attorney Susan Burke, represented plaintiffs in those civil cases and she joins us today to talk about criminal case, the sentence and the supporting evidence.

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Drones and Targeted Killing: Legal, Moral and Geopolitical Issues

A powerful analysis on the use of drones for targeted assassination by the Obama Administration is explored in Professor Marjorie Cohn’s newly published book titled Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. It’s a collection of various disciplines including sociologists, legal scholars, and human rights activists that examine aspects of the U.S. policy of targeted killings with drones and other methods. The book documents civilian casualties, and discuses the first U.S. targeted killing lawsuit by the lawyer who brought the case.

Attorney Marjorie Cohn:

  • Drones have become the Obama Administration’s preferred weapon of choice.
  • We rarely see images of the victims of drone strikes the overwhelming majority of whom are civilians.
  • We don’t hear their stories because the media sanitizes their stories.
  • We really don’t have a sense of the devastation that is reeked by drones.
  • I thought it was important to put together a collection of different aspects of this drone policy. Is it legal? Is it moral? What are the political ramifications? Does it make us safer? Does it make us less safe?
  • That Authorization for the Use of Military Force was very limited, it was only limited to groups and countries that supported the 911 attacks and Congress specifically rejected the Bush Administrations request for open ended military authority to deter and preempt any future acts of terrorism against the United States – and yet the Obama Administration has been relying on this as its legal authority.
  • Targeted extrajudicial killings off the battle field are illegal.
  • Richard Falk, the U.N. Special Rapporteur to the Palestinian Occupied Territories wrote a very and interesting and provocative chapter called Why Drones Are More Dangerous Than Nuclear Weapons.
  • Medea Benjamin talked about stories of victims in Pakistan and Yemen and the tolls drones take on communities. The horror, the terror that children are sleeping with drones hovering overhead.
  • Pardiss Kebriaei with the Center for Constitutional Rights that handled the first targeted killing case in the United States writes a chapter.
  • Tom Hayden writes the conclusion about stopping the drones.
  • Phyllis Bennis from the Institute of Policy Studies talks about the assassination as essential to the U.S. war strategy due to the militarization of our foreign policy.
  • John Quigley from Ohio State University talks about the blowback from drones and how they actually make us less safe because when people see their families blown up, they resent the United States even more.
  • He talks about the history of U.S. foreign policy and the resentment its caused in those countries against the United States.
  • He (Barack Obama) has even expanded the use of drones in Iraq and Syria. He’s also using piloted aircraft. He’s also using the AUMF which does not apply at all.
  • This ISIS and Khorasan, the current groups doing horrible things over there are not covered by the Authorization for the Use Of Military Force.
  • He’s actually acting beyond what Congress has authorized to say nothing of it violating the U.N. charter.
  • Only 4 percent of victims in Pakistan were members or even associated with Al-Qaeda which means the overwhelming number of 2400 who have been killed in Pakistan by drone strikes are civilians.
  • The FAA Modernization and Reform Act of 2012 requires the FAA to integrate into U.S. airspace by September of 2015 to legalize commercial drones and some government agencies to use small drones. This is very very worrisome because of the privacy considerations primarily.
  • There are two different drone strikes the U.S. carries out. One is called personality strikes, where they target suspected bad guys. They call them militants. That could mean anything.
  • No due process, just take em out.
  • The other type of attack is called signature strikes. That is a strike that is carried out in an area of suspicious activity. If you’re a male between the ages of 16-65 in a area of suspicious activity than you’re fair game, even though the Obama Administration doesn’t know your identity.
  • First, there must be a legal basis for using lethal force, whether it is against a senior operational leader of a terrorist organization or the forces that organization is using or intends to use to conduct terrorist attacks.
  • Second, the United States will use lethal force only against a target that poses a continuing, imminent threat to U.S. persons. It is simply not the case that all terrorists pose a continuing, imminent threat to U.S. persons; if a terrorist does not pose such a threat, the United States will not use lethal force.
  • Third, the following criteria must be met before lethal action may be taken:
  • Near certainty that the terrorist target is present;
  • Near certainty that non-combatants will not be injured or killed;
  • An assessment that capture is not feasible at the time of the operation;
  • An assessment that the relevant governmental authorities in the country where action is contemplated cannot or will not effectively address the threat to U.S. persons; andAn assessment that no other reasonable alternatives exist to effectively address the threat to U.S. persons.
  • Finally, whenever the United States uses force in foreign territories, international legal principles, including respect for sovereignty and the law of armed conflict, impose important constraints on the ability of the United States to act unilaterally – and on the way in which the United States can use force. The United States respects national sovereignty and international law.

Guest – Attorney Marjorie Cohn  former president of the National Lawyers Guild. She lectures throughout the world on international human rights and U.S. foreign policy. A news consultant for CBS News and a legal analyst for Court TV, she also provides legal and political commentary on BBC, CNN, MSNBC, Fox News, NPR, Air America and Pacifica Radio.   In addition, Professor Cohn is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Cameras in the Courtroom: Television and the Pursuit of Justice and Rules of Disengagement: The Politics and Honor of Military Dissent. Her latest book, The United States and Torture: Interrogation, Incarceration and Abuse, was published in January 2011 by NYU Press.

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Law and Disorder October 27, 2014


Updates:

  • Michael Ratner: Obama Could Allow “Torture Light” Interpretation of U.N. Treaty on Torture
  • Michael Smith Returns From Argentina Book Tour, Describes How U.S Attempts To Destabilize Argentina Economy

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The Revictimization Relief Act (Muzzle Mumia)

Last Thursday, the Pennsylvania State Senate in a bi-partisan 37-11 vote, approved The Revictimization Release Act. This last minute controversial law was ignited by Mumia Abu Jamal’s commencement address delivered at Goddard College in Vermont. The law would grant crime victims or prosecutors acting on their behalf to file a civil action against an offender to seek injunctive relief to stop offenders or former inmates from engaging in conduct that would cause “temporary or permanent state of mental anguish” to the victim.

Mumia Abu Jamal is 60 years old. He’s in the general population at Mahanoy State Correctional Institution in Frackville. He has also given speeches at Evergreen State College in Washington and Antioch College in Ohio.

Attorney Bret Grote:

  • The Muzzle Mumia Law as it was called by the Harrisburg Patriot provides a cause of action for a victim of a personal injury crime to sue an offender in state court in Pennsylvania if that offender engages in conduct that “perpetuates” the effect of that crime on the victim. Later on in the statutes, that conduct is defined as including conduct that a temporary or permanent states of mental anguish.
  • It also provides for the district attorney where the conviction was secured or the state’s attorney general to essentially act as the private attorney for the victim in order to bring this suit.
  • It also does encompass not only speech about the crime whether its somebody like Mumia or Lorenzo Johnson or countless others who speak out about being framed up in Pennsylvania, but it doesn’t even make any exceptions for legal proceedings – and obviously people appealing criminal convictions can cause anguish to others.
  • There are standards and no definitions for the conduct that is at issue except in relation to its impact on the victim and to provide some context as I’m sure your listeners know why it was written this way is they needed to write a statute that would sweep so broadly so as to encompass things like Mumia giving a commencement address at Goddard College, which was used as a pretext for whipping up this frenzy at the state legislature.
  • It is a prior restraint on the freedom of speech but its written so broadly that Maureen Faulkner or the district attorney could conceivably go into court under this law.
  • The House Judiciary committee in discussing this law when it was introduced in committee raised the issue of would this allow a court to enjoin what they called third party vessels.
  • It could be Prison Radio, or it could be an individual who is authorized to speak to the media, or make a public statement.
  • It was passed 197-0 in the House Legislature, and 37-11 in the Senate.
  • It just shows you what takes precedence over any kind of adherence of the Constitution of the state or the United States, more than any law is allegiance to power amongst the political class, Pennsylvania politicians, attorney generals, district attorneys, are no strangers to Constitutional violations, its a normative practice for them.
  • Right now, I’m representing Mumia in this and Prison Radio and Robert Holbrook who is a juvenile lifer and Human Rights Coalition member and activist and writer.
  • Its unconstitutional under traditional over breadth analysis, it penalized lawful speech and its void for vagueness.
  • There is probably nothing that would be more traumatizing for an actual victim of a crime then to have to go through this process that they’ve laid out in the Revictimization Release Act.
  • They explicitly and exclusively focused on Mumia.
  • This legislation was introduced by a former member of the Fraternal Order of Police, Mike Verib, who was a former Philadelphia police officer now a state legislator. In the context of Mumia’s case they have been leading a lynch mob literally in the streets to snuff out his voice.
  • For decades the judge that presided over his trial was a Fraternal Order of Police member. They finance and vet the campaigns of every Supreme Court Justice in the state of Pennsylvania, the same with people running for office as governors.
  • Mumia is being used in this context to reestablish the narrative, the Fraternal Order of Police, the police, their political counterparts are righteous protectors of public safety and that they’re beyond question and beyond reproach in trying to reset the propaganda line that has been dislodged in the wake of the rebellions in Ferguson, Illinois.

Guest – Pennsylvania attorney Brete Grote,  a member of the Russell Maroon Shoatz legal team and cofounder and legal director of the Abolitionist Law Center. Bret has worked with the Human Rights Coalition since 2007 as an investigator, organizer, and researcher. He was the Isabel and Alger Hiss Racial Justice Fellow at the Center for Constitutional Rights in 2012. He graduated from the University of Pitt Law School in May 2013 and was recognized as the school’s Distinguished Public Interest Scholar.

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Richard Falk: The Palestinian Future After Gaza

We hear a presentation by Richard Falk titled The Palestinian Future After Gaza. Richard Falk was presenting at the Edward W. Said Memorial Lecture, co-sponsored by Columbia’s Heyman Center for the Humanities. It’s given once a year in honor of the public intellectual and literary critic, Edward W. Said, who taught in the English & Comparative Literature Department at Columbia from 1963 until 2003

Richard Falk is Albert G. Professor of International Law and Practice Emeritus at Princeton where he was a member of the faculty for 40 years. Since 2002 he has been associated with Global & International Studies at University of California, Santa Barbara as a research professor.

He was Special Rapporteur on Occupied Palestine for the UN Human Rights Council since 2008, and served on a panel of experts appointed by the President of the UN General Assembly, 2008-2009. He is Chair of the Board of Directors, Nuclear Age Peace Foundation, an NGO located in Santa Barbara.

He is also a member of the editorial board of several journals and magazines, including the American Journal of International Law, Third World Quarterly, Globalizations, The Nation, and The Progressive. Formerly, he was for many years North American Director of the World Order Models Project.

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Law and Disorder October 13, 2014


Updates:

  • Mumia Spurs Bill To Block Publicity-Seeking Criminals (Son of Sam Law)
  • Guantanamo Bay Prisoner Files Historic Lawsuit Against Obama Over Force-Feeding

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Lawyers You’ll Like – Charlie Abourezk

As part of our Lawyers You’ll Like series, we talk with attorney Charles Abourezk about his work with the Native American community in South Dakota. Charles is a trial attorney, author and film maker. His documentary A Tattoo On My Heart: The Warriors of Wounded Knee 1973 is a gripping documentation of those American Indian men and women involved in the siege. Charles is the Chief Justice of the Rosebud Sioux Tribe Supreme Court, he’s also member of South Dakota Advisory Committee to U.S. Commission on Civil Rights. He’s the son of James George Abourezk, former Democratic United States Representative and United States Senator where he was generally viewed as critical of US foreign policy in Israel and Palestinian.

Attorney Charlie Abourezk:

  • The Rosebud Sioux Tribe is the second largest tribe in South Dakota. There are nine total tribal governments in the state. It’s where I grew up.
  • I spent most of my adult life on the Pine Ridge Reservation which has been the poorest county in the United States.
  • I went to law school, long after I worked for a number of Indian organizations including a Native American NGO that worked at the UN in Category 2 status.
  • The Pine Ridge Reservation is the second largest reservation in the United States, located in south western South Dakota. It’s a huge land mass, takes about an hour and a half to drive diagonally across the reservation. There’s very little economy. The geography is very poor, it lends itself to cattle grazing but not much in terms of raising crops.
  • Wounded Knee was the site of the 1890 massacre in which almost 300 American Indians from several different tribes were killed by the U.S. Army. They were surrounded and essentially murdered on that spot.
  • So, in 1973, there had been a lot of racial discrimination and racially motivated killings of Indian people, the American Indian Movement returned and joined forces with the traditional people who had long been neglected on the reservation.
  • As a result they decided to engage in a protest. They chose the site of the massacre at Wounded Knee, to stage that protest.
  • They set up sort of a line there, with the government and US Marshalls, along with Dick Wilson’s followers who were armed and were called the goon squad and formed the other side of that line. The siege lasted 71 days.
  • It finally dismantled and number of people were prosecuted as a result of that.
  • At Wounded Knee, two Indian people killed and one Marshall wounded.
  • We set up a recording studio right at the Wounded Knee school, and just took people’s stories. I did the interviews, they were really powerful. There were some stories that didn’t fit with the arc of the film but were incredible. I’m glad I documented it then, because I think of the people in the documentary, 7 or 8 have now passed away.
  • I continue to be a strong advocate for tribal sovereignty, self determination and the rights of individuals especially within the dynamic of racial discrimination which at times in South Dakota have been as bad as the south is toward African Americans.
  • I helped affirm and preserve the boundaries of the Yankton Sioux Reservation, that went up to the Supreme Court twice. I was the lead council when it finally concluded, we were able to win that one.
  • I was a former Supreme Court Justice on the Pine Ridge Reservation for their Supreme Court and I retired from that position.
  • Except for limited jurisdiction the Federal Government had on criminal matters, the civil jurisdiction for incidents which occur within the reservation lie with the tribal court as do criminal misdemeanors for tribal members and non tribal members meaning Indians from other tribes that happen to be living on the reservation.
  • In the Native American view you can’t really have winners and losers, you have to try to restore the harmony or the balance within the tribe.
  • The American government adopted the British style of colonialism as did the Israelis when they began to colonize parts of Palestine. It kind of goes in 4 steps.
  • A disruption of traditional agriculture and food gathering, which out here was done in two ways, killing off the buffalo and secondly constraining them from moving around in a wide arc for hunting and gathering – by putting them on the reservation they stopped that.
  • Transfer commonly owned land into private ownership, to turn land into a commodity that can be bought and sold. They did that through what’s called the Daws Act or the Allotment Act in the late 1800s.
  • Theodore Roosevelt called that act a “might pulverizing machine” with which to break up the tribal mass.
  • The third step was to develop a native ruling elite. In this case they first developed “paper chiefs” then in the 1930s developed modern tribal government.
  • Last step, develop an educated elite. Of course any colonizer anywhere, that’s the step that always back fires.
  • The American Indian Movement was born from the children of the parents who were relocated into cities trained as workers.
  • They were the ones who came back home and joined forces with the traditional people and stood up against racism and in favor of tribal sovereignty and tribal self determination.
  • You see many parallels with that and what’s happening to the Palestinians in the West Bank and Gaza.  Dr William Julius Wilson

Guest – Charlie Abourezk, from Rapid City, South Dakota and is a trial attorney, longtime activist and community organizer in the native American community in South Dakota.   He is also a documentary film maker, his most recent is the feature length documentary “A Tattoo On My Heart: The Warriors of Wounded Knee 1973” which played on public television stations around the United States. He is the current Chief Justice of the Rosebud Sioux Tribe’s Supreme Court and a member of the South Dakota Advisory Committee to the US Commission on Civil Rights. His client base is made up largely of Native Americans, tribal schools and Indian tribal governments, but he also represents plaintiffs in civil rights litigation. He will have a book coming out this next year entitled “A Mighty Pulverizing Machine: The Continuing Colonization of American Indians.”

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 From Guantanamo to Wikileaks: Taking on the State In a Post 9/11 World.

Our own Michael Ratner, President Emeritus, Center for Constitutional Rights (CCR), past president, National Lawyers Guild; Chair, European Center for Constitutional and Human Rights delivered a talk last week titled ‘From Guantanamo to Wikileaks: Taking on the State In a Post 9/11 World.’  Michael was honored with a PathMaker to Peace Award by the Brooklyn For Peace Organization for his consistent work in litigation against government spying and surveillance of activists including the targeting of Muslims particularly after 9/11.

Law and Disorder Co-host Attorney Michael Ratner,  President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books Who Killed Che? How the CIA Got Away With Murder, The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.

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