Law and Disorder December 26, 2011: Play Now | Play in Popup | Download

Updates:

• Mumia Abu-Jamal Re-location Update
• Bradley Manning Case and Erasing Computer Harddrives

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National Defense Authorization Act Update

Co-host Michael Ratner expounds on National Defense Authorization Act.  The Act has passed both houses, despite Obama threatening to veto the Act. Obama thought that various provisions of the National Defense Authorization Act concerning detentions, might impinge on his authority as the executive.  Obama was more concerned about Congress telling the President how to treat those captured or kidnapped in “war on terror.”

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UPDATE: Political Prisoner Lynne Stewart

Political prisoner and good friend, Lynne Stewart continues to uplift people around her while serving a 10 year sentence at the Federal Medical Center in Fort Worth Texas.  Lynne, as many listeners know, was prosecuted for representing her client the blind Egyptian Sheik,  Omar Abdel Rahman. In trying to negotiate a return to Egypt out of solitary confinement, she made a press release public.  She was tried and found guilty for materially aiding “terrorism.”  She received a 2 and half year sentence, instead of 30 years that the government wanted. Then, the Second Circuit Court sent the case back to the Judge.  Judge John G Koeltl sentenced defendant, Lynne Stewart: 120 months incarceration on five counts to be served concurrently.  Lynne Stewart is now 72 years old, she’s a breast cancer survivor with other pending health issues.  She’s called them the usual brush fires of aging, yet many are concerned.  SAVE THE DATE FEBRUARY 28-29

Ralph Poynter:

• She is looking forward to her attorney Herald Price Fahringer to presenting to the court once again testing the law.  We are planning a Occupy the Court Room and the park, the night before on February 28 through to the 29.
• The lawyer will be talking about the laws used to extend Lynne’s sentence. He said any lawyer that wouldn’t want this case, doesn’t understand law. He looked forward to doing it.  He went for a one hour visit with Lynne at MCC and stayed all day.
• No matter what happens, Lynne will continue to fight for her license.
• She’s is Federal Medical Center in Fort Worth, Texas. Big airbase there. It’s an enormous prison, but she’s in the hospital ward.
• Even though I’d been on the list visiting her (in New York prison) I was not on the list (Texas prison)
• I just went down there, and she said, you’re not on the list but I’m going to go to floor supervisor and she says, you just come.
• That Saturday morning I was in front of the prison and they told me I was not eligible to go in. They said it was like an airbase, so I walked outside the gate and stood there. The guard came over and said what are doing here? I said, I’m waiting.
• Around 10:30 an official car came down and said you’re denied admission.
• I said, I understand, but I’m going to wait.
• Around Noon, the woman came back and she says, fill out an application.
• She said I knew if you fought from the outside I was going to fight from the inside and it only took 4 hours.
• You can’t imagine after sleeping on a 2 inch exercise mat on a steel platform for a year, and they showed me the hospital bed.
• She is Miss S, in the prison. Everybody brings her their papers.
• She heard noise outside her room at 5 o’clock in the morning, they were lined up some with papers stacked 3 feet high.
• There is an oxymoron – prison health care. There is no such thing.
• She’s lost about 45 pounds.
• She’s very sick, she can’t sit down. In the visiting room she has to sit sideways.
• Thanks again for all of the people sending bucks for me to go see Lynne.
• Write her a letter. The letters pick her up.
• They gave her medicine and she couldn’t get out of bed. We have a system now when they give her medicine she calls me up. I call my daughter the doctor and she tells me whether Lynne should take it or not take it.

Guest – Ralph Poynter, Lynne’s husband, father, activist. Please write to Lynne Stewart - LYNNE STEWART / 53504-054 FMC CARSWELL / FEDERAL MEDICAL CENTER / P.O. BOX 27137 / FORT WORTH, TX 76127

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Photo by flickr user G20Voice

 Law and Disorder December 19, 2011: Play Now | Play in Popup | Download

Updates:

• Police To Test Laser That Blinds Rioters
• Police Employ Predator Drone On the Home Front

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Appeal Denied In Holy Land Foundation Case

Last week, the Fifth Circuit dismissed the appeal for the Holy Land Foundation case. This decision affirmed the conviction of Ghassan Elashi, the co-founder of the Holy Land Foundation for Relief and Development. As many listeners may know, the Holy Land Foundation was considered the largest Muslim charity in the United States before the Bush administration shut it down after the September 11 attacks. In May 2009, a federal judge in Dallas handed down sentences ranging from 15 to 65 years in prison to five of the charity’s founders and former fundraisers. Over a year before, a federal jury returned guilty verdicts on all 108 counts against the Foundation and the five former officers on charges of providing material support to Hamas after the U.S. government designated it a foreign terrorist organization in 1995. During that trial, the prosecution used unrelated video of suicide bombers to emotionally sway the jury.

Ghassan Elashi was then sentenced to 65 years in prison for giving material support in the form of humanitarian aid to Zakat committees – Palestinian charities in the West Bank and Gaza, that prosecutors were alleging were fronts for Hamas. Ghassan is being held in the Communications Management Unit in Marion, Illinois.

Noor Elashi:

• One of the arguments the defense lawyers made is that USAID, which is a government agency sent money to the same exact Zakat Committees which are these distribution centers in Palestine that the Holy Land Foundation sent charity to.
• That was their main charge, they were charged with giving material support in the form of humanitarian aid to Zakat Committees which the prosecutors were claiming were fronts for Hamas.
• In their appeal, one of their main arguments is that these Zakat Committees received money from many NGOs including an American agency.
• Another argument in the appeal was for the first time in US history, an expert witness who was an Israeli intelligence officer who testified under a fake name was allowed to testify under a pseudonym.
• My father recently had a phone call ban, because he put his name on a yoga mat, and it was considered destruction of government property.
• Our defense attorneys are not going to quit. They will ask the entire panel of appellate judges to re-hear the case, if that is denied, they’ll take the case to the Supreme Court.
• The foreign policy and politics of this country have been very favorable to Israel.
• FreedomToGive.com

Guest – Noor Elashi – the daughter of Holy Land Foundation prisoner Ghassan Elashi. She is a writer based in Dallas, Texas. After receiving a Bachelor’s degree in journalism from the University of North Texas, she worked for the Fort Worth Star-Telegram. In July 2008, she won the 3rd place Mayborn Literary Nonfiction Award for her manuscript titled “Displaced,” which she plans to expand into a memoir about the displacement of three generations of Palestinians: her grandmother, father, and herself. She can be reached at noorelashi@gmail.com.

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 Law and Disorder December 12, 2011: Play Now | Play in Popup | Download

Updates:

• IAE Report On Iran’s Nuclear Program
• New York Mayor Bloomberg Brags About Having Army of 7000 Police
• Federal 1033 Program, Pentagon Arms Local Police
• Zucotti Park Mini Police State
• New York Mayor Fines Street Musicians $250.00

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The Israelification of American Domestic Security

We’ve discussed on an earlier show the massive coordinated effort among the federal, state and local police involving a consulting organization called the Police Executive Research Forum. In Max Blumenthal’s recent article From Occupation to “Occupy”: The Israelification of American Domestic Security, he digs deep and reveals critical connections at every level of law enforcement with Israel’s national security tactics. Recently the New York Police Department disclosed its use of “counter-terror” measures against Occupy protesters at Zucotti Park. There are more connections yet to be made says Blumenthal.

Max Blumenthal:

• Cathy Lanier, the Chief of the Washington DC Metropolitan Police said no experience had more impact on her life and doing her job than going to Israel.
• She said she designed her entire Homeland Security Program for the DC Police based on her experience being trained in Israel.
• Yamam is the elite force of the border police in Israel which is one of the most thuggish elements of the Israeli military. It’s a quasi-police force that is also active in the West Bank.
• We’ve never had Congressional Hearings on why elements from an autocratic dictatorship like Bahrain which was shooting demonstrators at the time, which was shooting people as they entered hospitals to get treatment-was allowed to train with our police forces.
• There’s not just a sharing of tactics, there’s a sharing of weaponry that’s being used against American civilians, against kids who think their birthright was sold, that was first tested on Palestinians.
• They’re studying with some kind of “Harvard Professors” of anti-terrorism.
• The bridge for American police officers to go to Israel is the Jewish Institute for National Security Affairs. (JINSA)  A Washington DC based think tank with an arm in Jerusalem I think.  A lot of the people making the case for the Iraq War were in JINSA.
• They claim to have had trained through Israeli led training sessions, over 9000 American law enforcement officials.
• One of the things they learned was how to secure large venues, like sporting events, shopping malls and concerts.
• They also learned to look out for and take down suicide bombers.
• You’re supposed to think of the Anti-Defamation League as a Jewish civil rights group that fights the defamation of the Jewish people and humanity. This is not the extent of the ADL’s work.
• All new FBI agents are required to be taken to the Holocaust Museum in Washington DC by the ADL, according to official FBI recruiment material that I found.
• The Mall of America, an Israeli security team stops and interrogates 1200 American shoppers a year.
• The NYPD under the leadership of Ray Kelly who has been to Israel repeatedly to speak an Israeli neoconservative conferences set up a demographic unit to spy on Muslim communities around the city.

Guest – Max Blumenthal, award-winning journalist and bestselling author. His articles and video documentaries have been in The New York Times, The Los Angeles Times, The Daily Beast, The Nation, The Guardian, The Independent Film Channel, The Huffington Post, Salon.com, Al Jazeera English and many other publications. His book, Republican Gomorrah: Inside The Movement That Shattered The Party, is declared a bestseller among major newspapers.

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Class Action Lawsuit On Behalf Of Women Farmers

They’ve always had a presence in the fields, but in recent years women have come to run a quickly increasing share of America’s farms. Of the 3.3 million U.S. farm operators counted in 2007 census data, more than one million, or nearly one third, were women. That number represents a 19 percent increase in just five years, significantly outpacing overall growth in the profession. And the proportion of women who are the principal operators of the farms they work on has also increased over the past decade—women now manage 14 percent of the nation’s 2.2 million farms.

Yet throughout this time, women farmers have faced routine and systematic discrimination by the U.S. Department of Agriculture. In 2001, female farmers filed a lawsuit against the USDA for gender discrimination in its farm loan programs. In the years leading up to the lawsuit, having been repeatedly denied loans by the USDA Farm Service Agency and its predecessor the Farmer’s Home Administration, many women plaintiffs had given up farming entirely. The lawsuit claimed that many who applied or tried to apply for farm loans were turned down because of their gender.

The government’s own reports confirm claims of widespread gender discrimination. In 2003, the U.S. Commission on Civil Rights issued a report highlighting the inadequate civil rights record of the USDA.

Attorney Kristine Dunne:

• The loans provided are for last resort, where farmers have been unable to obtain loans from traditional commercial lenders.
• The women farmers lawsuit which is now Love v. Vilsack. It was filed initially as a class action on behalf of women all across the country.
• The courts have not granted it class certification, which may not be a surprise to your listeners if they’ve heard about the Walmart litigation.
• The USDA has had an office of civil rights. That office was effectively dismantled, so that women farmers or any farmers had a complaint of discrimination or how they were being treated with regard to their farm loans, could call up to office of civil rights in Washington DC and complain
• That was actually a requirement to preserve their discrimination complaint rights.
• The woman farmer is going to be offered up to 50 thousand dollars if she has a successful claim under the USDA proposed program. In past programs, these are for the African American farmers, and now the ongoing Native American farmers claims programs, those amounts have been different. There is a category that they could get up to 50 thousand but also up to 250 thousand. That is very troubling to women farmers that they’re not offered the same relief.
• Women are finding that there are opportunities for them, in the past its been a man’s job.
• Women have been at the forefront in advances of organic farming and other types of niche farming.
• Our lead plaintiff Rosemary Love suffered terribly, she had her animals literally dying on her farm because the USDA wouldn’t release the funds that she had been awarded through a farm loan.
• There are other examples where USDA officials at the local level have propositioned women, have told them to their faces, farming isn’t for women.
• The case is on hold, its been on hold for a number of years while the government and women farmers try to mete out a resolution.
• A woman farmer can be successful in establishing that she indeed was discriminated against. She was wrongly denied a farm loan 30 years ago and all that mounting debt from that discrimination may not all be forgiven.

Guest – Kristine Dunne with the law firm Arent Fox in Washington, DC. Kristine’s focus is on litigation and counseling relating to employment, labor and OSHA matters, in addition to providing legal advice to educational institutions and other non-profit organizations. She currently serves on the firm’s Pro Bono Committee.

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 Law and Disorder December 5, 2011: Play Now | Play in Popup | Download

Updates:

• Chilean Judge Indicts US Military Official in 1973 Killings – CCR Case
• Newt Gingrich: “Water Boarding Is By Every Technical Rule, Not Torture.”
• Michael Ratner: S.1867 — National Defense Authorization Act for Fiscal Year 2012

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Occupy Albany: Undisturbed By City Officials

The collusion among mayors and police departments around the country to raid and take down Occupy Wall Street movements by force has revealed a particular hierarchy of control.  However, as listeners may know there is a unique situation with the Occupy Wall St solidarity movement in Albany, New York. Despite the request of New York Governor Andrew Cuomo and Albany mayor to shut the encampment down at Academy Park, the police refused, then the State Troopers refused.  In a memo obtained by the The Times Union, Albany Police Deputy Chief Steven Krofoff stated “At this time I have no intention of assigning officers to monitor, watch, videotape or influence any behavior that is conducted by our citizens peacefully demonstrating in Academy Park.

Attorney Mark Mishler:

• The Governor a few days before the occupation started met with the city of Albany office and as best as we can figure out at that meeting sort of all agreed that this wasn’t going to be permitted.
• It seemed to be permitted that people would not be able to stay past the 11PM curfew at the park.
• We have two very independent minded folks in law enforcement here.
• They took a different view. We have a District Attorney David Soares, who was independently elected as an opponent to the Albany County machine and with a lot of grassroots support.
• David Soares say he wasn’t interested in using his office to prosecute peaceful protesters.
• In correlation with that our police chief in the city of Albany, who also came into office as result from a grassroots movement for improved police / community relations. He also said he didn’t want to use the resources of his department to arrest peaceful protesters.
• The mayor who we believe really wanted to carry out the governor’s direction was really boxed into a corner and couldn’t do that.
• The park is really 2 parks, half of the park is city owned, the other half is state owned.
• We’re now in the sixth week, there are now about 50 tents.
• Essentially completely undisturbed by city officials.

Guest -  Mark Mishler, attorney and National Lawyers Guild member.
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Occupy Los Angeles Legal Action

Occupy Los Angeles and Occupy Philadelphia were among the encampments forcibly removed last week. Occupy LA demonstrators had expected to be evicted after the mayor announced that the park would be closed at 12:01 a.m. on Monday last week. Late the following night, police in riot gear stormed the encampment and dozens were arrested as protesters chanted and stood defiant through the raid. The more than 500 tents have been taken down. The encampment at Philadelphia’s Occupy Wall Street movement was also raided after demonstrators marched to protest their eviction. Up to 40 protesters were arrested.

Hours after the Occupy Los Angeles eviction deadline protesters filed for a federal injunction that would prevent the police from dismantling the occupation in Oakland Park. The city, mayor and chief of police are named in the lawsuit as defendants. The complaint also says the city engaged in “arbitrary and capricious action in violation of the 1st and 14 Amendments by first approving the Occupy presence for 56 days before suddenly revoking permission through the unilateral action of defendants.

Attorney Carol Sobel:

• We filed papers, we argued that the mayor’s actions were unlawful because the City Council of Los Angeles passed a resolution saying that they could stay there.
• The Council, only the Council has the authority to do that.
• Once that Council acts, he could veto it, he chose not to at the time, back in October, or he could get it rescinded. He chose not to.
• Our position is, the Mayor can’t make up the rules as he goes along.
• This is a public forum, we’ve had anti-war marches here, marches to protest the Pope when he came.
• The mayor used to be friend. The Mayor went to the same Guild law school that I did.
• I think that the Mayor is bought and paid for by the developers in Los Angeles. Somebody said to me last night, he’s lost his soul.
• He’s not progressive by any definition of that term. He is the head of the US Conference of Mayors.
• It looks bad for him I guess to have the largest Occupy in the country, in his city, at his doorstep.
• They (LAPD) have agreed that they will not come out with a show of force, unless and until it’s needed.
• If you can’t close the park after the fact, then these arrests were all unlawful.

Guest – Civil rights attorney Carol Sobel, a legal advisor for Occupy protests across the country. Carol Sobel is listed as the attorney on the new complaint.

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Collusion in the Defense of the 1% is No Vice

As mayors of cities across the country colluded to crackdown on the OWS encampments, an international non-governmental organization had coordinated with police chiefs and mayors behind the scenes. The group is called the Police Executive Research Forum, it is an influential private membership based organization that is marketed to heads of major metropolitan areas as specialists with mass demonstrations.  The group has ties to the US Department of Homeland Security and their general membership in the group is exclusive to former executives leading a state or county funded agency that provided police services.

Geov Parrish:

• The Occupy Seattle movement is community college property.
• The community college let them stay there but at first it was a public square and it was a cat and mouse game with the police.
• From November 4-10, there were conference calls. Much of the local media coverage was very coordinated.
• This smacks of the operations of some of the high ranking people the PERF has been associated with.
• The PERF actually does research on less then lethal weaponry, such as the pepper spray that has been used in lots of different cities.
• Charles Ramsey, Philadelphia Police Commissioner and the chair of PERF’s board of directors is also on the Homeland Security Advisory Council as are a couple of other board members from PERF.
• There’s an entire industry that has sprung up around the militarization of the police forces. The routine use of SWAT teams now for even non threatening situations.

Guest -  Geov Parrish, a Seattle-based columnist and reporter. He writes the Straight Shot column for WorkingForChange.  Parrish also wrote the article Collusion in the Defense of the 1% is No Vice.

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• b/w_occupyLAphoto-bymikeywally
• occupyAlbanyphoto – byDylanBoyce

 Law and Disorder November 28, 2011: Play Now | Play in Popup | Download

Updates:

• New York Historical Society Recognizes Henry Kissinger, Co-host Michael Smith Resigns.
• Wikileaks Cable: Assistant Secretary Posner Discusses Operation Cast Lead With IDF
• Who Killed Che? How The CIA Got Away With Murder - Book Tour Continues
• OWS Precursor: Resurrection City – Michael Ratner On Jesse Jackson’s Radio Show
• Occupy Dartmouth: Heidi Boghosian

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Occupy Hudson Valley and Bard College Student Movement

Activist and senior at Bard College, Ana Ratner joins the discussion on Occupy Colleges student movement in the Hudson Valley. Ana,  Michael Ratner’s daughter, discusses the mistreatment of workers at the college, specifically employment contractors.

Ana Ratner:

• I think people on their own (at Bard College) had been concerned about the Occupy movement. It was around that time when people found each other and wanted to do something, weekly teach ins, general assemblies.
• At Bard we have a sub-contractor called Aramark .They treat their workers very badly.
• Through the Occupy movement more kids on campus are becoming concerned about worker’s rights and financial transparency and where our money is going, how it effects and who it effects.
• Occupy Poughkeepsie, a local movement, trying to connect the regions in the Hudson Valley. OccupyHudsonValley. They have tents and a kitchen.
• At Bard College: until the Occupy movement, no one really came together. I’m learning about the whole community at Bard.
• For the most part the workers are mostly invisible, they clean your dorm and campus. There’s a group called the Student Labor Dialogue.
• Aramark was kicked off at Bard College, now they want to hire another contractor.

Guest – Ana Ratner, activist and senior at Bard College. Ana has been active with the Occupy Colleges student movement and Occupy Wall Street.
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Occupy Colleges Los Angeles and Beyond

Last week, hundreds of students walk out of class and assembled in Union Square Park to demonstrate continued support with the Occupy Wall Street movement. The protests in New York City was part of a full week of student organized action that culminated in a march to Baruch College.  This was where the CUNY Board of Trustees had met to vote on a possible tuition increase. Police and students clashed in the lobby in massive brawls, 15 people were arrested.

Natalie Abrams:

• OccupyColleges.org is all of the facilitators, it helps inform college students about the occupy movement.
• Ongoing occupy colleges action such as walk outs, teach ins, strikes, demonstrations
• Monday November 28th – In solidarity with UC Davis , UC Berkeley, CUNY Schools and all students who are defending their right to protest against rising tuition cost and out of control student debt. We ask you to STRIKE! No work, no school.
• We’re also circulating a pledge of non violence both for students and the UC Davis Presidents of all the eleven schools to commit to non-violence against students for a peaceful demonstration.
• Its gets harder to enforce non violence as they continue to hurt us.
• Non violence is our weapon.
• We’ve noticed that its all different types of schools, its private schools, its public schools, its community colleges, state colleges, the higher university levels, we really see the whole gamut of students that are joining us.
• Its horizontal, like the regular Occupy Wall St movement runs.
• We’re fighting the rising cost of tuition, the student loan fiasco and the fact that we have a lack of opportunities after graduation.
• Michael Ratner:  Hunter College had no tuition from 1874 to 1975. One hundred years without tuition, so we see the shift that’s going on.
• It’s 3 times higher than it was in 1980.
• One of my first points of action is that these administrators need to take pay cuts.
• A lot of us got together from Occupy L.A. and from some past activist groups and we saw that New York schools were calling for a city wide walk out on October 5th and we noticed there wasn’t a national presence.
• We called for a national walk out and had 100 schools participate, almost 8000 students walk out. The interest from all of the students compelled us to continue with this movement. We give ideas to schools on how to set up their occupation. We want to have a very large teach in in the early Spring.
• When somebody else gets tired, somebody else is there to take their place.
• There are always new school calling us and signing up.
• I was called by the student tea party, who were horrified by the violence. The student tea party condemned the violence that happened at UC Davis.
• When we’re a non-violent movement the only way we can lose is by giving up. – Gene Sharpe

Guest - Natalia Abrams, one of the full time facilitators with the OccupyColleges.org website.

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University Faculty, Staff and Students Disgusted At Direction Of California State University

Each year, the state of California makes cuts to the California State University system budget and each year students have responded with angry protests.  This year however the protests were much bigger partly because of the Occupy Wall Street movement and the ongoing police brutality against students and protesters.  The numbers are staggering, tuition has doubled in the last few years and the California State University Board of Trustees recently approved a 9 percent tuition increase in addition to cuts in courses and student services.  Next year, the California legislature is set to impose another 200 million in higher education cuts.  Meanwhile, college students from all over the nation have organized four nationwide acts of support with the Occupy Wall Street movement.

Lillian Taiz:

• We have about 430 thousand students in the California State University system.
• The number one struggle we’re having (faculty) is the defunding, the starvation of public higher education. That creates one set of problems.
• Piled on top of that is what we consider, misplaced priorities. At a time when resources aren’t that available, you really have to be careful and targeted in how you use the resources you have.
• The students, staff and faculty are disgusted on how the leadership has a focus on their one percent.
• There’s an enormous resonance with the Occupy movement because these are good middle class jobs that are being destroyed.
• Our students are watching their parents get shoved out of the middle class and hoping their education is a pathway into a decent life.
• People have finally emerged from the shock of what’s been happening, and getting angrier and angrier and getting less tolerant of adjusting to it.
• Demand: that the resources that are available be directed at the core mission of the university.
• We’re all over the state and our faculty have been part of Occupy Oakland and everwhere.
• We’ve got to take back more power and authority over our own destiny.
• Student loans are crushing our students, the leadership of the CSU and the UC seems to think the answer to their problems is privatizing the university by shifting economic responsibility to students, faculty and staff.
• They’re using us like ATM machines. We’re all being exploited and asked to be unwilling donors to the university.
• Occupy Wall Street has opened up a door to a conversation that is so long overdue.

Guest - Lillian Taiz, President of the California Faculty Association, the union that represents the 23,000 faculty members of the California State University system and to clarify, this is (not the University of California system where the pepper spray incident took place).

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 Law and Disorder November 21, 2011: Play Now | Play in Popup | Download

Updates:

• What Does OWS Mean? – Michael Steven Smith
• Liberty Square Symbolic, At The Foot Of Capitalism
• Redistribution of Money and Power
• Nationally Coordinated Bust: Oakland Mayor Says She Was On Conference Call With 18 Mayors
• Michael Smith’s Story Of Liberty Square Police Raid
• NYTimes Candid With Spoils Of Libya Invasion
• Who Killed Che? How The CIA Got Away With Murder

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Legal Fallout From OWS Raid In New York City

Very early last Tuesday morning, teams of New York City Police in full riot gear descended upon the 2 acre park known by protesters as Liberty Square, home of Occupy Wall Street.  Hundreds were arrested as police and bulldozers dismantled and tore down tents, confiscated gear, computers and clothes.  Plain clothes construction workers assisted in filling large dump trucks with personal belongings and equipment from the encampment.  The massive eviction is one of many reported across the country in past weeks.

Attorney Danny Alterman:

• There’s been a core group of 20 or 30 people working on issues that effect the occupiers down on Wall Street.
• We talked strategy, we created a document that would decide and get us into court in the morning.
• We are arranged to meet Judge Billings at 6AM
• We wanted to judge to issue a temporary restraining order which means that the police could not continue to evict people and order them back into the park with their belongings.
• We got a signed order from the judge to let our clients back in.
• We served Brookfield Properties which is the owner of the park, the city of New York through the corporation council, and the police department by fax with a copy of the order.
• What this reminded me of is was what had happened precisely in 1971 when the Attica Massacre happened. When we got a court order to go in because people were dying and getting shot, inside and the prison authorities refused to open up for medics and lawyers, causing the death of other people.
• Finally I said to one guy who was getting on me and getting on another lawyer that was there. I said listen, this reminds me of Attica, he said I’ve never been to Attica, I said we can make those arrangements.
• I said, you realize you’re violating a court order, and in contempt of court.
• Mayor Bloomberg in the course of us getting an order and finding out about it, had decided to close the park, which was the complete opposite of what the court said which was to re-open the park.
• Homeland Security was definitely there, you can tell by the crew cuts and the shoes.
• There was a temporary restraining order issued at 6:30 AM. We didn’t think Judge Billings would stay on the case. She didn’t. We went back at 11:30AM, and once a judge was assigned had about a 2 hour argument.
• We received papers as we walked into court from the city which contained a affidavit which is a legal document swearing to issues of public safety, health issues, other kinds of issues, that was clearly prepared before they evicted the protesters 10 hours before.
• What this means is that the city knew in preparing these papers that there was going to be a legal challenge.
• Brookfield Properties a descendant from US Steel. This is direct descendant from US Steel.
• We may be looking at 21st century speech assembling petitioning.
• Its a privilege and an honor to represent these people and I think the people have the pulse of the country and its happening.

Guest – Civil rights attorney Danny Alterman, Danny is part of the  Liberty Park Legal Working Group.

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Global Capitalist Crisis and Long Term US Unemployment

Thousands around the country continue to stand in solidarity with the Occupy Wall Street movement. The movement claims to defend the 99 percent of Americans against the wealthiest 1 percent who control 50 percent of the wealth in the United States.  Meanwhile, long term US unemployment is taking a heavy toll socially. The social costs are high, the stress, tension and anxiety within families, the costs of counseling, and much more. We discuss these topics with returning guest, economics professor Rick Wolff  who says, enormous wealth could be produced right now with the unused tools and raw materials put together with the nation’s unemployed people, we could rebuild our cities and infrastructure.

Professor Rick Wolff:

• Debt is always a sign of something else. You go into debt because you see a need or opportunity for which you don’t have the money and so you either forego the need or opportunity or borrow.
• If you see off the chart increases of debt like you do in the case of individuals in the last 30 years, or corporations and in the case of governments at a slow rate over the last 30 years, then you have to ask the question why?
• The 1970s come along and that period of 150 years of rising wages is over. It’s over because the computer replaces large numbers of people they don’t need to be hired. Production is moving out of the United States.
• Immigrants are flowing into the United States because the uneven development of the world economy, makes them poorer and the United States look more attractive.
• Suddenly employers have the greatest of all possibilities, they don’t have to raise wages anymore.
• Employers: If you’re not happy here, there’s a lot of other people that will be.
• Meanwhile you’re drumming into the American people, you should live better, everybody should have more. . .
• You put the American people into an impossible situation.  You might have been able to handle it by having a real political leadership in America. We didn’t have that conversation, no politician wanted to be the bearer of that bad news.
• What can the American people do?  They did more work. You borrow money. Whenever there’s a debt, there’s a lender and a borrower. This is a strange game to blame the borrower.
• Greece, now you have a situation that invites all kinds of corporations to make a decision.
• When the Greek Drachma, their old currency disappears to be replaced by the Euro, all kinds of business decisions became different.
• There was no border, you couldn’t have a tariff as you could before. Once you have a uniform currency you can’t do that. It’s like Tennessee erecting a tariff against products from Kentucky.
• Who lent to the Greek government? Above all, the French and German banks.
• It’s the banks that are making money because of the concentration of production in their country, with which they came to the poor countries and said hey, we got a lot of money you got a lot of need.
• A lot of money has been made off of Greek debt. It’s not some gift to the folks in Greece.
• As usual its a partnership and deciding that its all the fault of the Greeks as if the French and German banks didn’t make a fortune off of this.
• Italy is now where Greece was approximately six to eight months ago.
• The debt of Italy is four to five times the debt of Greece. Italy is the eight largest economy on this planet. They have over 2 trillion dollars of debt outstanding.  We sell a very important part of our output to the Europeans.
• I would demand now, an immediate government employment program. A commitment by the United States government.

Guest -  Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program in International Affairs of the New School University, New York City. He also teaches classes regularly at the Brecht Forum in Manhattan.
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 Law and Disorder November 7, 2011: Play Now | Play in Popup | Download

Updates:

• National Lawyers Guild List For Occupy Wall Street
• OWS Victories / Albany / Cleveland / Nashville / Oakland /
• OWS Arrests-Problems / Denver / Taking Generators / Arizona /
• Bread and Puppet OWS Theater During Halloween Parade NYC
• GI Occupiers Get Guidance from NLG’s Military Law Task Force
• Listener Question About Obama Killing US Citizen
• Food Co-op Board of Directors Fights Back Against Lawsuit Brought by Five Members Over Boycott of Israeli Goods

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Brooklyn Fair Food Festival Urges Trader Joe’s To Support Fair Labor Standards For Farm Workers.

Brooklyn, community members joined the Coalition of Immokalee Workers an organization of farm workers in Southern Florida to call on Trader Joe’s to live up to its public image as an ethical corporation by participating in the Campaign For Fair Food.  The Campaign seeks to improve wages and working conditions for Florida tomato pickers by calling on major buyers of tomatoes to pay a premium of one penny more per pound for their tomatoes, ensure that this penny is passed down directly to farmworkers, and work together with the CIW to establish and implement a code of conduct in their supply chains.  Sound gathered and interviews by Michael Ratner.

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Wall Street Firms Spy On Protesters In Tax Funded Center

It was six years in the planning according to recently uncovered documents that show 150 million taxpayer dollars funding a round the clock surveillance security center in Lower Manhattan where Wall Street firms sit along side the NYPD. That’s right, high wage Wall Street firm workers will sit next to MTA, NYPD and Port Authority employees and monitor the near 3000 spy cameras installed in the area. Any individual can be tracked by the color of their clothes or face recognition with live feed cameras that also read license plates.  In her article Wall Street Firms Spy on Protesters in Tax-Funded Center, investigative journalist Pam Martens also focused on the corrupt alliance of indicted corporate firms merging with police to spy on law abiding citizens funded by tax payer money. Her latest article in Counterpunch titled Financial Giants Put New York City Cops On Their Payroll exposes how private Wall Street corporations are allowed to order a paid detail of New York City Police at an average of 37.00 an hour. The taxpayer again picks up the tab for training, uniforms and any law suit brought from “following illegal instructions from its corporate master.”

Pam Martens:

• I had the benefit of managing my own client base, so Wall Street did not have the same type of leverage over me that it has over so many of its other workers.
• About 10 years into my tenure, I started reading about the private justice system Wall Street had set up where both customers and employees had to waive their rights to the nation’s courts.
• I started complaining and advocating against that. They were self policing, that was totally corrupt.
• Then I started protesting in the streets, filed a large federal rights action, and testified at several venues, the SEC and the Federal Reserve.
• The story is much more insidious than I first realized.  I came across a 60 Minutes expose on the counter-terrorism unit of the NYPD. At the very end of the piece there is a tour of the facility, the one that I’m talking about.
• The Lower Manhattan Security Coordination Center, which is jointly operated by Wall Street’s potential felons and the largest law enforcement police force in the country. It’s actually at 55 Broadway.
• Goldman Sachs and Citigroup, sitting next to public sector employees.
• It consists of 3 rows of computer terminals. 2 of those rows are dominated by Wall Street firms, the NYSE, the Federal Reserve and only one row has uniformed officers.
• I called up the producer at 60 Minutes, and said you had to have seen all these people in civilian clothes.
• The NYPD has used tax payer money to have one massive computer to look at all the individual feeds. That massive computer has artificial intelligence.
• There is absolutely no explanation for why Wall Street firms get to sit there and have access confidential databases that belong to the NYPD.  I have 2 FOIA requests with the NYPD. Every detail of us is under surveillance.
• There are some reports, they can zero in and read text messages on your cell phone.
• These Wall Street firms that have committed crime after crime, after crime, they’re currently under 51 separate state and federal investigations for securities fraud and essentially looting the public.  They’re the partners, the potential felons, are the partners with the law enforcement.
• Credit Suisse v. Billing, 551 U.S. 264 (2007), was a decision by the Supreme Court of the United States, which held that Congress’ creation of the United States Securities and Exchange Commission (SEC) implicitly exempted the regulated securities industry from antitrust lawsuits under other existing laws. Justice Thomas dissented, arguing that the laws creating the SEC explicitly mention that securities regulations are in addition to, not instead of, existing law.

Guest – Pam Martens worked on Wall Street for 21 years. She spent the last decade of her career advocating against Wall Street’s private justice system, which keeps its crimes shielded from public courtrooms.  She has been writing on public interest issues for CounterPunch since retiring in 2006.   She has no security position, long or short, in any company mentioned in this article.

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 Law and Disorder October 31, 2011: Play Now | Play in Popup | Download

Updates:

• UN Votes 186-2 To Lift Cuba Embargo – US and Israel
• Anxiety Over Economy: Concentration Of Wealth Seen As Key Issue At A Volatile Time
• OWS Albany Arrest Controversy

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Occupy Des Moines Arrests

Police abuse of authority including excessive use of force are on the increase as more Occupy movements around the country are forced to disperse. Last week, 37 demonstrators were arrested in Des Moines, Iowa when 24 state troopers closed in on the Occupy movement there, arbitrarily enforcing curfew in a local park.  Still more people were arrested in the downtown area that same night. While capturing his friend being pepper sprayed in the face on video, and then arrested, an officer directed Justin Norman to back off the sidewalk into another area. Justin was then arrested for trespassing and interfering with official acts. The officer grabbed his camera, but other protesters were able to wrestle it away from him.

Justin Norman:

• There’s an 11:00 PM curfew at the park that’s normally not enforced. Some of the people said they would walk their dogs in the park after 11:00 and no one cared. The Iowa State Patrol brought out about 24 state troopers.
• I was down there doing some video taping. The protesters began to sit as the police approached.
• The police began to be strangely brutal with some of the protesters.
• One of the leaders of the chant was asked if would like to be arrested or go. He said he would go. As he was leaving they shoved him on the ground and cut open his knees.
• They dragged him off to a police van anyway. Another person was shoved to the ground, the state trooper stepped on his head and struck him the face multiple times.
• Another guy I believe is a ten year Air Force veteran, was refusing to leave the park, arms linked with another protester, in response, one of the state troopers maced him in the face.
• I was videotaping him from the edge of the sidewalk, the state trooper told me to step back, back into the park.  I’m about 20 feet from the trooper and he’s still telling me to move back.
• He tells me if I don’t continue to move back, I’m going to be charged with interference and trespassing.
• They arrested me and tried to take my camera. They took the camera and I yelled out to one of my friends and ran up and tore the camera out of the troopers hands.
• I do a demonstration against torture on a regular basis in west Des Moines.
• People got a bit frightened by the police brutality they witnessed and they decided to apply for a permit in the park. They stayed there for about 3 days, the permit expired in 3 days.

Guest – Justin Norman, activist who has filmed police misconduct, including recent raid on OWS movement in Des Moines, Iowa.

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Guantanamo Murder Case: Al-Zahrani v. Rumsfeld

Last week, Center for Constitutional Rights attorney Pardiss Kebriaei present oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit in the case of Al-Zahrani v. Rumsfeld. The case is a civil action filed on behalf of two men who died at Guantanamo Bay Prison in June 2006. There deaths, highly questionable and last year, four soldiers came forward with eye-witness accounts suggesting a cover up of the cause of the deaths and that they may have killed at a black site in Guantanamo.  The military has maintained that the deaths were suicides, having once famously called them “acts of asymmetrical warfare.”  Also, CCR attorneys have pointed to other documented examples of deaths and killings covered-up by the military in the recent past, including the falsification of records in the death of former football player Pat Tillman and the premeditated murders of Afghan civilians by members of the Army’s Bravo Company.  Our own Michael Ratner has recently returned from Norway after meeting with family members of one of the men.  Scott Horton article

Attorney Pardiss Kebriaei:

• This case is on behalf of the families of 2 of the 3 who died in June 2006. They were high profile deaths, the military came out immediately and said they were suicides that the men had died from creating nooses from bed sheets and hung themselves in their room.
• Then there were offensive remarks made by government spokespeople, they called them asymmetric warfare.
• They saw this as an attack, the fact that these men for having taking their own lives, from having been detained without charge in solitary confinement for 4 years, as an attack on the US government.
• They were characterized as a good PR move. These were military and Department of State spokespeople.
• Yasir was 17, he was from Saudi Arabia, he was, almost like everyone there not charged, held for almost 4 years. He was apparently a long time hunger striker.
• Along with the torture and solitary they were subjected to in terms of their condition, just the torture they were subjected to in general, they were forced into restraint chairs. Restrained at five points, their forehead, shoulders wrists and ankles, had a tube inserted up their nose and a liter of fluid pumped into their stomachs.
• In 2008 from a Freedom of Information Act litigation, the government was finally compelled to produced its information, investigation into these deaths.  Supporting the claim that the deaths were suicides.
• Our clients were really disadvantaged to find out what’s really going on. I don’t think they believed these were suicides.
• The case was dismissed because the case raised special factors of national security and the military and foreign policy that were issues that were within the realm of political branches and basically not the business of courts to interfere in.
• It’s not enough to criticize the administrations anymore because the courts are accepting those arguments.
• If you’re DC, the district courts and the circuit courts in particular have been accepting those arguments.
• In 2010, 4 soldiers stationed at Guantanamo at the time came forward with eye witness accounts and were actually on duty on the night of the deaths.
• One of the soldiers came forward with direct evidence of a cover up of the actual cause the deaths.  They were transported to “Camp No”
• Hickman reported hearing screams for Camp No. They reported seeing plain clothes officers sometimes going there. It was thought to be a site possibly run by the CIA or used by the CIA or Joint Special Operations Command forces of the military who are again, not accountable.
• The disdain from the DC Circuit Court for this case and every case coming out of Guantanamo was absolutely evident from the moment I opened my mouth.

Guest – Attorney Pardiss Kebriaei, she joined the Center Constitutional Rights in July 2007. Since then, her work has focused on representing men detained at Guantánamo Bay in their habeas corpus challenges, before international human rights tribunals, in diplomatic advocacy with foreign governments to secure resettlement for men who cannot return home, and in post-release reintegration efforts. Her clients have included men from Yemen, Syria, Algeria, and Afghanistan. Her work includes seeking accountability for torture and arbitrary detention at Guantánamo.

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 Law and Disorder October 24, 2011: Play Now | Play in Popup | Download

Updates:

• Al-Awlaki’s Family members also killed and US Citizens.
• Who Killed Che? How The CIA Got Away With Murder
• New York Times: A Right To Sleep In Tents – Michael Ratner

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Occupy Wall St. – Think Tanks and Organizing

Like many protesters down at Liberty Plaza, Tim Weldon has been under employed for years. He’s got a Masters Degree, one in economic development and 10 years experience in international business.  He’s now part of Occupy Wall St working with the think tank group.  The first step is taking all the ideas and solutions generated from the movement and collating them into a more accessible format.

Tim Weldon:

• The food is hit or miss, you cycle through, get in line, whatever is there at the time, that’s what you get.
• There’s sanitation, first aid, media press, PR. The group that I’m specifically on is the think tank.
• Similar to a lot of people, said, how do I fit in and what exactly is going on? Like most people I got down there and thought how do I fit in to where I most belong?  So, I walked around for most of the day, I got to the stage to where I thought, what I would be good at and what could fit in here.
• Then I found some very like minded people who were thinking the same thing, to sort of create an opportunity for all of the ideas to be collected, organized and collated together. The think tank, we’re going to have four different receptacles for information.
• One will be from the park where we’ll have discussion groups on topics. We’re trying to develop a web platform within the NYCGA.net .
• We’re getting all walks of life, one of the best participants was a disabled man.
• The discussions have been so positive and energetic and we’re saying how can we take both of these ideas and forget about the established dichotomies and all this dogma that people are working with.
• Let’s go straight to us right here, let’s create a productive use of this information where everybody is happy.
• I found that everybody I’m working with open and wants to listen, wants to learn, the way most of the groups work is there’s no leaders. I like to draw differentiation between leaders and leadership.
• People are coming here after they’ve been setup and more streamline or coming here to get things more streamline. Take a step back, try to envision something different.
• Everybody seemed united around, well, they want it clean, lets get things clean.
• People were doing what had to be done and getting things done, but there was a subtle apprehension there, what’s going to happen tomorrow? How serious is it going to be? How much are we going to have to fight, not in a physical sense but in all sort of senses for this space?
• Most of the country can get behind the fact, whether your left or right, whatever it is, you’ve got some apprehension about what’s going on in the country right now and that’s what we’re trying to voice.
• Holding that space is really important to the movement.
• Maintaining that park is very important because it is the symbol.  You control us in every other aspect of our lives perhaps, but you don’t control us here.
• I left my job last week, this to me is the movement of our generation.

Guest – Tim Weldon is from upstate New York. He quit his job to dedicate his time to help the Occupy Wall Street movement. Specifically, Tim is working with the think tank group, pulling together ideas and solutions pouring in from around the country and making them more accessible to media and others. Tim has a Master’s Degrees in economic development. He also has 10 years experience in international business.

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Occupy Wall Street: Attorney Margaret Ratner-Kunstler Part 2

We continue the “know your rights”  discussion on the Occupy Wall St protests, encampments and demonstrations. Last week we talked about how the NYPD collected intelligence data from protesters.  When more than 800 people on the Brooklyn Bridge were arrested a few weeks ago,  that event was more about getting protester names and pedigree information into databases says attorney Margaret Ratner-Kunstler with the National Lawyers Guild.  Meanwhile students from 90 colleges and universities are protesting the price of education, being saddled with student loan debt and more. There are many aspects to knowing your rights as a demonstrator and we’ll discuss more details today with returning guest attorney Margaret Ratner Kunstler.

Attorney Margaret Ratner-Kunslter:

• You can be anywhere to express your first amendment rights. I think occupation is a new first amendment right.
• The occupation movement is relatively new and we haven’t really tested it in the federal courts or state courts and I think we have a good opportunity to do that.  They haven’t got people out of the park because when they threatened to do so, the number of people swelled from about 1000 to 6000.
• I think it was a question of mass support for the demonstration that prevented the police from clearing the park.
• Seattle was a successful protest (1999) it interfered with delegates going to the convention center and it was a very embarrassing thing for the police because it was an international conference.
• Kettling is those big iron fences, they put people in these fenced areas to keep them separated so they can be crowd control.
• By the time Michael and I finished this book, we were saying, oh, they’re never going to be able to demonstrate again. But lo and behold, a new form of demonstrations is upon us, and its just thrilling.
• The police officer who pepper sprayed the young woman, lost ten vacation days.
• That was the immediate result after Seattle, there were fusion centers. Those are centers where the FBI and local police get together and collect information.
• Every time they hear of a demonstration, they try to prevent it, they have many ways to dissuade people from coming to demonstrations.
• Militarization of the police: It was no longer a family occupation to protest against the war, it was a dangerous thing to do. You got stuck in a pen and you couldn’t get out.

Guest – Magaret Ratner-Kunstler, an attorney in private practice. As education director at the Center for Constitutional Rights, she originated the Movement Support Network and authored “If an Agent Knocks.” Margaret is the President of the William Moses Kunstler Fund for Racial Justice, a foundation established in 1995 in the memory of her late husband to combat racism in the criminal justice system.

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 Law and Disorder October 17, 2011: Play Now | Play in Popup | Download

Updates:

• Jose Couso Murdered By US Military In Iraq:
• Sami al-Hajj – Former Guantanamo Prisoner, Now Al-Jazeera Correspondent
• 44th Anniversary of Che Guevara’s Murder
• Who Killed Che? How The CIA Got Away With Murder
• Groups Follow Former U.S. President George W. Bush’s Path to Canada
• UK Protects Israeli War Criminal
• Anwar al-Awlaki’s Extrajudicial Murder – Michael Ratner
• Richard Falk – Afghanistan War

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Occupy Wall Street: Attorney Margaret Ratner-Kunstler

There is a North America-wide strategy to take away the right to mass protest. We’ve talked about the book Hell No: Your Right To Dissent in 21 Century America, but today we have both authors of this book in the studio, attorney Magaret Ratner Kunstler and our own co-host Michael Ratner.

In Hell No, the Center for Constitutional Rights, the country’s leading public interest law organization, offers a timely report on government attacks on dissent and protest in the United States, along with a readable and essential guide for activists, teachers, grandmothers, and anyone else who wants to oppose government policies and actions. Hell No explores the current situation of attacks upon and criminalization of dissent and protest, from the surveillance of activists to the disruption of demonstrations, from the labeling of protestors as “terrorists,” to the jailing of those the government claims are giving “material support” to its perceived enemies. Offering detailed, hands-on advice on everything from “Sneak and Peak” searches to “Can the Government Monitor My Text Messages?” and what to do “If an Agent Knocks,” Hell No lays out several key responses that every person should know in order to protect themselves from government surveillance and interference with their rights.
Attorney Margaret Ratner-Kunslter:

• This is a time that we don’t know the return dates are because they weren’t put throught the system, they were given desk appearance tickets or summons, people arrested on the Brooklyn Bridge and elsewhere.
• Politically what do you make of the fact that they let these people stay in the park? Perhaps Michael they had an opportunity to do something about it if they did something quickly.
• In Boston, they closed it down much more quickly. Each Lawyers Guild office has a hotline.
• They (the NYPD) actually led people down to the bridge walkway. There’s a law in New York that says you can’t block roadways, but you can march on sidewalks.
• They led people down to the roadway, then announced with a bull horn that not everybody could hear of the more than 800 people on the bridge – - you’re now doing something illegally and we’re going to disperse immediately or we’re going to arrest you. Most people were chanting, nobody could hear that announcement.
• Why do this? There was no place to put these 800 people. To get their names, to get their pedigree information, to do intelligence work.
• Early on with the RNC arrests, they had a sheet of paper asking what political affiliations they had. We stopped that quickly. The police department in New York City has a tremendous intelligence division.
• Some people we have no idea why they were arrested.
• Yesterday morning a young woman was chalking on the sidewalk, “good morning NYPD.” Not only was she arrested, but the people photographing her arrest, were arrested.
• Much of the planning on how to stop demonstrators, happened after Seattle 1999. At that point there was this training program that began with all of these local police forces across the country and the FBI.  It wasn’t til 9/11 that they were fully funded.
• When Michael Ratner and I wrote this, we were totally depressed because we thought that demonstrations were over. There were so many ways of preventing demonstrations and people were penned.
• You can film the police in NYC. The law may be on your side, but the police don’t follow the law.
• If you’re recording audio, and only one party knows you’re recording, that’s ok in New York.
• The cop doesn’t have to give you his name, or badge number. If you ask a cop his badge number, he’ll give you the wrong number.
• I’d like to last through winter, I’m worried about these children.  The demand for justice and equality is the demand basically all over the world.
• How can we say this is too abstract for us, isn’t this what we all want?

Guest – Magaret Ratner-Kunstler, an attorney in private practice. As education director at the Center for Constitutional Rights, she originated the Movement Support Network and authored “If an Agent Knocks.” Margaret is the President of the William Moses Kunstler Fund for Racial Justice, a foundation established in 1995 in the memory of her late husband to combat racism in the criminal justice system.

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