Law and Disorder July 28, 2008 [56:50m]: Play Now | Play in Popup | Download

Updates:

• Ex-Guantánamo Detainees Effectively Disappeared After Transfer To Algeria Nearly Two Weeks Ago
• CCR Executive Director Vincent Warren Denounces Mukasey Scheme to Have Congress Delay Habeas Hearings
  
• Creepy ‘camera head’ project a reaction to Seattle surveillance cameras
• Pakistan: Pakistan’s New Government Must Reveal Truth about Enforced Disappearances.
• USA: 9/11 defendants warned on lack of access to classified information and other disadvantages of self-representation
• Second Arrest Attempt On Karl Rove In Iowa Leads To 4 Arrests.

House Judiciary Committee Hears Impeachment Resolution.

For nearly eight years, President Bush and Vice President Cheney have manipulated and lied to the U.S., and not without the help of Congress and the mainstream media. Here on Law and Disorder we’ve been with listeners during 4 of those 8 years, chronicling the injustices of the “global war on terror.” Now, in this late stage of the Bush/Cheney administration, Ohio Congressman Dennis Kucinich is pushing for impeachment. Last week the house voted 238 to 180 to send a single article of impeachment to the Judiciary Committee. The same committee that stopped Kucinich’s impeachment effort is allowing a hearing on Bush’s reasoning for taking the country to war in Iraq. In Kucinich’s words it is quote “deceiving Congress with fabricated threats of Iraq WMDs to fraudulently obtain support for an authorization of the use of military force against Iraq.” Kucinich: citizen petition.

If this article of impeachment is tabled, Kucinich says he would then begin to propose other articles. There are 35 articles of impeachment, among them are:

• Misleading Congress and the American People About Threats from Iran, and Supporting Terrorist Organizations Within Iran, With the Goal of Overthrowing the Iranian Government
• Falsifying Accounts of US Troop Deaths and Injuries for Political Purposes,
• Illegal Detention: Detaining Indefinitely And Without Charge Persons Both U.S. Citizens and Foreign Captives, 4. Violation of the Posse Comitatus Act,
• Rendition: Kidnapping People and Taking Them Against Their Will to “Black Sites” Located in Other Nations, Including Nations Known to Practice Torture

House Judiciary Chairman John Conyers Jr. told Congressional Quarterly, “We’re not doing impeachment, but he can talk about it.” Kucinich says holding George W. Bush and Dick Cheney accountable now, could prevent an attack on Iran.

1. Conyers Tries To Kill Impeachment Hearings Before They Start.
2. Impeachment Hearing? - Do Not Accuse, Do Not Name Names, Do Not Say Impeach.
3. CSPAN Coverage: Watch Impeachment Hearings.

Guest - Ohio Congressman, Dennis J. Kucinich

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The Prosecution of George W. Bush for Murder.

Members of the Bush administration may soon be questioning if they will be prosecuted for war crimes. George W. Bush and other senior officials have enjoyed years of immunity from criminal lawsuits but, once out of office, they can be held accountable.

Bugliosi: Will U.S. State Attorney Generals and District Attorneys do the right thing?

In his latest book, The Prosecution of George W. Bush for Murder, Vincent Bugliosi lays out the legal framework of a meticulously researched case that puts George W. Bush on trial in an American courtroom for the murder of nearly 4,000 American soldiers fighting the war in Iraq.

One strategy in The Prosecution of George W. Bush for Murder is to establish jurisdiction in the cases for Attorney Generals in each state and also the approximately 900 district attorneys in the counties of those states. Bugliosi says it’s not unreasonable to believe that at least one prosecutor will be courageous enough to step up. Bugliois says, one of the key pieces of evidence to prosecute George W. Bush is the Manning Memo from January 31, 2003.

Manning Memo: In March 2003, Bush said that if Saddam Hussein did not give up his weapons of mass destruction, Iraq would face war. But earlier, in a January 31 closed-door meeting, Bush told his British buddy Tony Blair that the attack would take place even if no WMDs were found. Indeed, George and Tony candidly conceded that the discovery of such weapons was unlikely. This deliberate deception is revealed in a confidential five-page memo written by David Manning, Blair’s top foreign-policy advisor, who was at the meeting. Manning records that both Bush and Blair were uptight that the WMDs were not going to be found, so George W offered another fabrication to give them an excuse to attack. He suggested that the U.S. would paint one of our own surveillance planes in the colors of the United Nations and fly it over Iraq, hoping that Saddam would be provoked into shooting it down. Then the U.S. and Brits could invade, claiming that they were retaliating for Saddam’s attack on the UN.

Bugliosi: Points To Consider

• While young soldiers age 18, 19, who never had a chance to live out their dreams, were getting blown to pieces in Iraq. Bush was having a lot of fun and enjoying life to the very fullest.
• George Bush took 908 days off / about 36 percent of his presidency.
• Juxtaposing Hussein with 9/11 - then saying later Hussein was involved in a terrorist relationship with Al-Qaeda. Al Qaeda was trained in Iraq in making bombs and poison.
• You have troops over there in Iraq fighting thinking that its payback time … so you have this grotesque spectacle.
• The white paper that congress saw never had the intelligences of the 16 US agencies, that Hussein was not an imminent threat. Opinons were changed into facts while dissenting opinions deleted.

Guest - Vincent Bugliosi, former prosecutor and bestselling author of many books including The Prosecution of George W. Bush for Murder.

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 Law and Disorder April 30, 2007 [57:19m]: Play Now | Play in Popup | Download

Heidi Boghosian Returns From Cuba

Co-host Michael Smith talks with our own Heidi Boghosian about her recent trip to Cuba and involvement with the defense of the Cuban Five. Heidi will be writing about her meetings with those in Cuba also working on the defense and support of the Cuban Five. An effort to counter the media blackout on this important story. Michael and Heidi also mention the recent news about the release of alleged terrorist Posada Carriles.

Cuban Five background: Five courageous men who uncovered information about plans by anti-Cuban terrorists to commit acts of violence against that island nation. After the Cuban government turned over voluminous documentation of such plans, the five were indicted and tried in Miami on unfounded charges of conspiracy to commit espionage all without one page of evidence to corroborate such charges. The Cuban Five have been imprisoned for 8 years in maximum security facilities spread out across the United States. They’re in such remote locations that even visits from their attorneys are difficult.

The Iroquois Confederacy

In the National Lawyer’s Guild quarterly magazine, Guild member Cynthia Feathers and her sister Susan, put together a collaborative work describing how the system of the Great Law within the Iroquois Confederacy is a blueprint of the current two houses of US government. The Feathers sisters describe that between 1000 and 1450, the Cayuga, Mohawk, Oneida, Onondaga, and Seneca Nations came together to become the Iroquois Confederacy, and in the early 18th century they were joined by the Tuscaroras.

If the two houses agreed, the Onondaga would implement the unanimous decision, unless they disagreed with the decision and referred the matter back to the Council. Sound familiar? By 1988, the 100th U.S. Congress passed a concurrent resolution acknowledging the contribution of the Six Nations of the Iroquois Confederacy to the development of the U.S. government.

Guest - Robert Odawi Porter, Professor of Law at Syracuse University and director of the Center for Indigenous Law, Governance & Citizenship.

The Most Important Fish in the Sea: Menhaden in America.

Here on Law and Disorder we have focused a lot of attention to civil liberties and human rights. Today we’re going to look at pending ecological catastrophe from over-fishing. We have with us author and professor Bruce Franklin, author of many books including The Most Important Fish in the Sea: Menhaden in America. In this Island Press publication, Franklin details how critical this fish is to the survival marine ecosystems.

The Menhaden, a tiny silvery fish is the basic link in the web of food chains for many other fish, mammals and seabirds. The Menhaden also filter the waters of the Atlantic and Gulf coasts, playing an essential dual role in marine ecology perhaps unmatched anywhere on the planet. As their numbers have plummeted from overfishing, their disappearance has caused toxic algae blooms and dead zones that have begun to choke our bays and seas.

Guest - Author H.Bruce Franklin tells us about how the Omega Protein Company is over-fishing this important fish.

Omega Newsletter encouraging consumption. Greenpeace article.

Download/Listen to this show [40 MB]

Global Warming Litigation - 3 Main Cases

Since 1947, the Doomsday clock has been used as a symbolic reference to measure the degree of nuclear threat. On January 27th of this year it was set to five minutes to midnight. It was advanced by two minutes on January 17, 2007 by experts assessing the dangers posed to civilization from catastrophic climate change.

Meanwhile the Bush administration continues to play down the threats of extreme weather and dramatic shifts in climate. Last May Law and Disorder aired speeches from the Catastrophic Climate Change Forum at Albany Law School including speakers such as Dr. James Hansen, director of the NASA Goddard Institute for Space Studies . Hansen cited hard evidence - building the case that global climate change is at a tipping point and emissions from power plants and vehicles are mainly to blame.

Of the main contributors to this one percent tipping point of greenhouse gases are utility companies, automobile emissions and housing stock. This one percent of man made emissions that can be regulated say attorneys involved in 3 major climate change cases.

• Attorneys General Complaint in State of Connecticut v. American Electric Power
• U.S. District Court opinion in State of Connecticut v. American Electric Power,(decided September 15, 2005)
• General information on climate change litigation
• Comprehensive reports on current efforts to reduce greenhouse gas emissions at state, federal, and international level

Guest - Eleanor Stein Adjunct Professor of Law Albany Law School at Union University

Soul of Justice: Thelton Henderson’s American Journey

A film documentary that chronicles one man’s influence on the American judicial system. The first black attorney in the Civil Rights Division of the Kennedy Justice Department, Thelton Anderson was later appointed by President Jimmy Carter as one of the first African American federal judges in the United States. His decisions have been informed by a profound sense of fairness, distinguished also by his tenacity in seeing that they are enforced even in the face of great political opposition. Soul of Justice includes rare archival footage, and interviews with lawyers and a Supreme Court justice.

Guest - Abby Ginzberg, an award winning filmmaker producing films for the last 22 years. Her films focus on race, equality of opportunity and model programs for at-risk youth.

Soul of Justice - NYC screenings: Monday Feb 26, Columbia Law School 116th St. & Amsterdam Ave, 6pm, Rm 107

Tuesday Feb 27, NYU Law School, Tishman Auditorium in Vanderbilt Hall at 40 Washington Square. doors open at 5:30, film at 6pm

Law Students for Government Accountability

LSGA was created out of the Student Hurricane Network run by law students (with some assistance by various attorneys, experienced lobbyists, an international strategy consulting firm, and an international PR firm). Its purpose is 1) to continue to educate the public about the causes and costs of the hurricanes Katrina and Rita to the Gulf Coast region and the nation at large, 2) to obtain the support of the 110th Congress for a Statement of Principles to ensure that such a disaster never happens again on the Gulf Coast through providing its necessary rebuilding and renewal, or any American soil through a comprehensive federal catastrophe prevention and response plan, and 3) work in partnership and solidarity with the thousands of voices advocating for those directly harmed by this disaster to ensure that the legislation passed by Congress provides a clear and coherent plan to prevent this from ever happening again.

Right now, LSGA is working on recruiting 1000 law students to participate in a March 14 National Lobbying Day in DC, to get their representatives to sign the Statement of Principles, guaranteeing wetland restoration, Category 5 levee and flood prevention, improvement of the management of the Mississippi River that would facilitate the restoration of the land and ensure ecological and economic security, the full recovery of New Orleans and the Gulf Coast, and address the underlying issues of poverty and racism.

Guest - Andrew Doss - LSGA Board Member