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Archive for the 'Criminalizing Dissent' Category


Law and Disorder October 20, 2014


Updates:

  • Heidi Boghosian Updates Listeners On The Revictimization Relief Act

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Michael Smith Returns From Argentina Book Tour

Early October marks the 47th anniversary of Ernesto Che Guevarra’s capture and assassination in Bolivia. Co-hosts Michael Ratner and Michael Smith have authored the book Who Killed Che? How The CIA Got Away With Murder. Michael Smith has recently returned from a trip to Buenos Aires to promote the Spanish language version of the book. Michael explains how Che was a threat to the United States by helping Cuba take over their own economy and why its important to set the story straight about Che’s death. Review of Who Killed Che?

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Weekend of Resistance: Ferguson, St. Louis Protests and the National Lawyers Guild

Last weekend, thousands of protesters in Ferguson, Missouri just outside of St. Louis demonstrated during a long planned Weekend of Resistance to the militarized suppression of peaceful demonstrations against the the killings of unarmed black teenagers including Michael Brown two months ago. Demonstrators traveled from cites across the country to participate in protests against police violence – including sit ins and vigil marches. Meanwhile, National Lawyers Guild members have been providing legal support, legal observation and felony representation for people arrested during the weekend. We catch up with St Louis Lawyers Guild member attorney Maggie Ellinger-Locke who has been working long hours representing arrested demonstrators. There are 90 municipalities in St. Louis and Maggie also explains the challenges in helping those arrested get processed through a unique court system.

Attorney Maggie Ellinger-Locke:

  • People poured into the streets after the killing of Mike Brown and have pretty much been occupying various locations around the St. Louis area and protesting ever since.
  • We at the National Lawyers Guild have mobilized close to 100 legal observers at this point to come down and do the observing and training people who are local.
  • We’ve also been connecting people who are facing felony charges with representation as well as backing up the Arch City Defenders who are handling the bulk of the ordinance violations and charges.
  • In August there were lots of chemical weapons used, tear gas every night. I was tear gassed multiple times. Other major mobilizations that I’ve been to, they last a couple of days, maybe the duration of a week, but this has been a continued onslaught of less than lethal weapons.
  • There are a lot of difference agencies on the ground for law enforcement. There’s the Missouri Highway Patrol, St. Louis County Police Department, The Sheriff’s Department and of course we have 90 different municipalities in St. Louis County, each with its own police force.
  • This is what it takes to fight back. People are out there every day on the streets.
  • We’ve had NLG members pour in from all over which has really been fun getting to know all these people.
  • Monsanto, which is based in Creve Coeur, Missouri, made a donation recently of a million dollars to various community groups doing work on the ground. On the other hand we’ll have a local pizza company board up and then the owner will train a gun on protesters to intimidate them.
  • The demands have varied depending on the organizations. Indicting Darren Wilson, the officer who shot Michael Brown is at the top of everyone’s list. In order to achieve that you would have to have demand number 2 met which is that Don McCullough, the St. Louis County prosecuting attorney recuse himself from this case. People think that he’s conflicted in that his father was a white police officer who was shot by an African American man and killed.
  • Another big demand is that the many many municipal charges that people are facing be dropped.
  • In addition we desperately need reform of our municipal court system. The structure is insane.
  • We’re hopeful that if we can demand jury trials for all of those arrested, we may in fact be able to crash the system.
  • We have 40 people now who are facing felonies.
  • The Organization For Black Struggle and  Missourians Organizing for Reform and Empowerment.

Guest – Attorney Maggie Ellinger-LockeNational Lawyers Guild member and activist, and a partner with Ellinger & Assoc., P.C., a Law Firm in O’Fallon, Missouri.

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Jon Burge, Torturer of Over 100 Black Men, is Out of Prison After Less Than 4Years

Last week former Chicago police commander Jon Burge who was convicted of lying about torturing more than 100 African-American men at Chicago police stations will be released from the Butner Correctional Institution and reporting to a halfway house in Tampa, Florida. This, as many listeners know is an ongoing story that we’ve been reporting on for many years with Attorney Flint Taylor with the People’s Law Office in Chicago who worked on the case representing some of the torture victims. We talk about why Jon Burge was released and his recent article titled Jon Burge, Torturer of Over 100 Black Men, is Out of Prison After Less Than Four Years. Flint reminds listeners that the total in financial damages to taxpayers from the torture of over 100 black men that Burge oversaw, and the ongoing pension payouts to his collaborating officers, exceeds $120,000,000.

 Attorney Flint Taylor:

  • Burge is a now notorious police torturer here in Chicago. He shot from detective up to commander of a police station based on torturing African-Americans suspects into giving confessions and sending many of them to death row and to life in prison.
  • Ultimately, we were, along with community activists, expose this pattern and practice of 100 cases of police torture.
  • This was by electric shock, by bagging people and other kinds of racist brutality.
  • We exposed it and nothing happened for many years. Ultimately the Feds, indicted Burge, several years ago, not for torture because the statute of limitations had run on that, but rather for perjury and obstruction of justice.
  • He was convicted by a predominantly white jury and ultimately sentenced to 41/2 years in the penitentiary.
  • After 31/2 years, he was permitted to go to a halfway house for 6 months.
  • What’s happening now? What’s happening with regard to the men who are still in the penitentiary, decades later, and there are almost 20 of them, based on tortured confessions.
  • How about the men who testified against Burge, who were his victims?
  • Those men, unlike Burge who gets a pension now, and the Illinois Supreme Court has upheld his right, even as a convicted felon to collect that money. These men get nothing, have nothing.
  • There are as many as 90 of those men on the streets now, with no health care, with no treatment for psychological damage.
  • The majority of city council members support at this point reparations for those men. The reparations for those men would be 20 million dollars.
  • The same amount of the money the city spent to defend Burge in the cases of the exonerated men.
  • We’re now at a sensitive stage, where the mayor, Emanuel has had to come out. He’s no friend to the anti-torture forces, and he’s been asked repeatedly on this.
  • He has played both sides against the middle, its time right now where he’s going to have to fish or cut bait.
  • We had the strong support of Karen Louis who was a wonderful challenger and she has now had to withdraw from the (mayoral) race because of “health issues.” She was a strong supporter of the reparations ordinance.

Guest – Attorney  G. Flint Taylor, a graduate of Brown University and Northwestern Law School, is a  founding partner of the People’s Law Office in Chicago, an office which has been dedicated to litigating civil rights, police violence, government misconduct, and death penalty cases for more than 40 years.

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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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Donate now!

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 October 6, 2014


Updates:

  • Michael Ratner: Moazzam Begg Freed After Terrorism Charges Dropped
  • Michael Ratner: 149 Inmates In Guantanamo Bay Prison – 79 Approved For Transfer

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U.S. Attorney General Eric Holder Evaluation

Michael Ratner and Heidi Boghosian draw a balance sheet on the record of U.S. Attorney General Eric Holder.

  • Holder approved drone killing of American citizen al-Awlaki without due process.
  • Holder failed to prosecute any of the Bush Administration officials who were openly admitted torturers.
  • Holder abrogated the responsibility in holding corporate criminals accountable. Wall Street.
  • Holder settled with HSBC for 2 billion, the bank was caught laundering money for drug cartels yet no prosecution.
  • With-Holder prosecuted whistleblowers, Chelsea Manning, Julian Assange, Edward Snowden, James Risen, Jeremy Hammond, Fox News Reporter,

Law and Disorder Co-host Attorney Heidi Boghosian,  executive director of the A.J. Muste Memorial Institute, a nonprofit charitable foundation providing support to the nonviolent movement for social change. Before that she was executive director of the National Lawyers Guild. She is author of the book “Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance” (City Lights, 2013) as well as several reports on policing and the First Amendment.

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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Academic Freedom & Political Dissent: A Conversation with Katherine Franke and the Community

We continue to report on Professor Steven Salaita’s case and the concerns regarding established principles of academic freedom. We hear a presentation by Katherine Franke, Professor of Law at Columbia University. Listeners may recall that Professor Salaita was unhired from the American Indian Studies program at the University of Illinois at Urbana-Champaign because of his statements on social media criticizing Israel’s conduct of military operations in Gaza. We reported last month on Law and Disorder that scholars from law schools around the country came out with a letter condemning the decision of the University of Illinois to unhire Professor Salaita. Katherine Franke discussed Salaita’s case at the University of Illinois at Urbana-Champaign late last month.

Speaker – Katherine Franke,  Isidor and Seville Sulzbacher Professor of Law; Director, Center for Gender and Sexuality Law at Columbia University. She was awarded a 2011 Guggenheim Fellowship, and is among the nation’s leading scholars in the area of feminism, sexuality and race. In addition to her scholarly writing on sexual harassment, gender equality, sexual rights, and racial history, she writes regularly for a more popular audience in the Gender and Sexuality Law Blog. Franke is also on the Executive Committee for Columbia’s Institute for Research on Women and Gender, and the Center for Palestine Studies and teaches at a medium security women’s prison in Manhattan. Her legal career began as a civil rights lawyer, first specializing in HIV discrimination cases and then race and sex cases more generally. In the last 25 years she has authored briefs in cases addressing HIV discrimination, forced sterilization, same-sex sexual harassment, gender stereotyping, and transgender discrimination in the Supreme Court and other lower courts.

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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 September 29, 2014


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An Indigenous Peoples’ History of the United States

In the United States today, there are more than 500 federally recognized indigenous communities and nations comprising nearly three million people. These are the descendants of the 15 million people who once inhabited this land and are the subject of the latest book by Roxanne Dunbar-Ortiz.  In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz challenges the founding myth of the United States and shows how policy against the indigenous peoples was genocidal and imperialist—designed to crush the original inhabitants. Spanning more than 300 years, this classic bottom-up history significantly reframes how we view our past. Told from the viewpoint of the indigenous, it reveals how Native Americans, for centuries, actively resisted expansion of the U.S. empire.

Roxanne Dunbar-Ortiz:

  • It’s absolutely necessary to know this history of settler colonialism and how it effects consciousness today of U.S. people and in the world because everyone is convinced of this myth of the United States and somehow its always going off the path of this destiny that has never been true in the first place.
  • It’s like a fairy tale except its extremely deadly and dangerous.
  • Other countries have romantic myths as their form of nationalism but they don’t control the world with this ideology.
  • The myth is that it was a birth of settler democracy but we know from apartheid South Africa, we know from colonialism, particularly settler colonialism such as Israel.
  • There are so many parallels with Israel because the Puritans and this became embedded in all settlers, had this idea of the new Jerusalem of Zion. They used that terminology.
  • That God had given them this land to settle, it wasn’t just a right it was a responsibility to destiny, to the world.
  • This made the native farmer and fisherman, ordinary people like other people in the world into savages and monsters, sort of like the Israelis to do the Palestinians today.
  • Throughout the book I have a theme of the militarism and the counterinsurgency that attacks civilians and a food fight they call it, burns the food, supplies, the crops, burns the houses of the people in their towns, creates refugees. This then becomes the pattern.
  • Every generation there is this Indian war. Vietnam looked like an Indian war, even the language they use – indian country for enemy territory, all of the weapons they name after native people.
  • This is not how we think of the United States, supposedly a civilian country, the military is always under control of civilians but that civilian president is commander and chief of the armed forces.
  • There’s also a theory, the Bering Strait the one entrance to the whole continent, which is absurd because all of the people on the coast were great seafaring people.
  • A part of European imperialism say as the beginning of everything that it connected people up. Actually what it did was separate people each other and their tradition.
  • My specialization is the southwest and central Mexico, Central America. I knew there were complex trade routes and roads all over the place, irrigation canals, how they developed agriculture.
  • The first chapter, Follow the Corn, I did just that. I followed out of Mexico, the dispersion of corn agriculture all the way to Tierra Del Fuego to the sub Arctic and coast to coast.
  • What you find in the Americas is when they get to the point of abusing the environment and become dictatorial, there tends to be revolts to overthrow, that was happening when Cortez came to Mexico.
  • The Quetzalcoatl cult that took over the Aztec government became abusive and was doing slave raiding. Had done a wonderful job of dispersing trade routes. Cortez simply allied with the rebels and overthrew the central government.
  • Course they couldn’t know his intentions of simply wiping out their civilization.
  • When British colonialism came to North America with these peculiar characteristics of the puritan ideology settling in. With 2 centuries of settler colonialism they developed this idea of ownership.
  • It went from owning human beings to the idea of owning the land.
  • George Washington was a surveyor and you have to ask why was such a super wealthy – a lowly surveyor?
  • Surveyors got to choose the best land, and got to mark it up. They had already developed this idea of a Platte, creating territories that would then become states once they had a majority settler population.
  • That’s why it took so long for Oklahoma, Oklahoma was the 47th state, New Mexico, Arizona, these places that had a majority native population.
  • It was rough being native in the United States, it still is. I grew up in Canadian county Oklahoma, my dad sharecropped, and was a tenant farmer throughout that area until the depression wiped it out.
  • The people went to California as refugees.
  • I’m cautious about the identity because native nationalism Cherokee or Onondaga or Shawnee or Creek Muskogee
  • There was an instance in 1917, I think its one of the most important moments in US history and hardly anyone knows about it. Jack Womack and I had written about it Monthly Review, it was called the Green Corn Rebellion.
  • That is the main demand, land base, nationhood, the ability to prosper and exist as people, not just as individuals being assimilated out, that’s another form of genocide.

Guest – Roxanne Dunbar-Ortiz,  grew up in rural Oklahoma, the daughter of a farmer and half-Indian mother. She has been active in the American Indian Movement for more than four decades and is known for her lifelong commitment to national and international social justice issues. After receiving her PhD in history at the University of California at Los Angeles, she taught in the newly established Native American Studies Program at California State University and helped found the departments of Ethnic Studies and Women’s Studies. Her 1977 book The Great Sioux Nation was the fundamental document at the first international conference on Indians in the Americas, held at the United Nations’ headquarters in Geneva. She is the author or editor of seven books.

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Academic Freedom Case: Professor Steven Salaita

Last Thursday the University of Illinois at Urbana-Champaign Board of Trustees rejected Professor Steven Salaita’s candidacy for a tenured faculty appointment to the American Indian studies program.  Initially we reported here on Law and Disorder that Professor Salaita was essentially dehired from the American Indian Studies program at the University of Illinois at Urbana-Champaign because of his statements on social media criticizing Israel’s conduct of military operations in Gaza. Emails within the University revealed under Freedom of Information Act Requests show that it was outside pressure from donors that influenced the University of Illinois Chancellor’s decision to dehire Salaita.

Professor Steven Salaita:

  • I received the job offer at the end of September 2013, the first offer was for me to begin on June 2014 but because of my obligations to Virgina Tech and short time for moving we pushed it back to mid August.
  • Everything was good to go, we set up movers, my classes were ready to teach they had been assigned to me. I ordered my textbooks, on August 2, I received a letter from the chancellor Phyllis Wise, telling me the termination was going to be withdrawn, so it left me scrambling for what to do, because I already resigned my position at Virginia Tech.
  • So all of a sudden I didn’t have a job, at Illinois or Virginia Tech.
  • Publicly released documents indicate that donor pressure played a large role in it.
  • There’s been some consternation about my tweets about Operation Protective Edge, that’s Israel’s recent invasion of the Gaza Strip and I think that had a lot to do with the donor pressure.
  • I think the university is pressing this idea of incivility in social media.
  • I think one of the saddest parts of the whole affair is that I hadn’t had the opportunity to join them and become their colleague and work with them (Professors at the American Indian Studies Department) and they’ve been terrific throughout this entire affair.
  • Academic hiring happens at the level of faculty, it happens at the level of department and search committees within departments will choose the hire, sometimes the entire department has to sign off on it.
  • Then it gets kicked up the dean, then it will get kicked up to the provost or chancellor for their approval, that’s what we call democratic governance on campus.
  • It’s kind of an allegory of the position of American Indian nations in the United States and Canada. They’re seen as not being able to make their own autonomous decisions. They’re not allowed to articulate their own practices of sovereignty without the oversight of authorities above them.
  • The discourse they used in firing me is remarkable. To describe somebody who has been hired by an American Indian Studies Department as uncivil draws on hundreds of years of colonial discourse that I find shocking.
  • It’s an allegory of history and politics that exist in microcosmic form within the framework of the University of Illinois.
  • In this case civility means acquiescence to power, and incivility equates to dissent.
  • In lots of ways my case has become something of an avatar, a flashpoint for people’s grievances.
  • I could really easily be identified with BDS and I think within the past year, 2 things have happened that have caused Zionists to step up their game around this issue. One is the string of boycott resolutions that have been ratified by scholarly organizations by labor unions, by civil rights groups, by churches.
  • I think the response to it is not engage on the issues, not to have conversations or debates about the issues but to shut down our side altogether. They don’t want to have debates, they want a silence.
  • They don’t want to engage in conversation they want the discussion to be unilateral.
  • Support Steven Salaita

 Guest – Professor Steven Salaita,  former associate professor of English at Virginia Tech. He is the author of six books and writes frequently about Arab Americans, Palestine, Indigenous Peoples, and decolonization. His current book project is entitled Images of Arabs and Muslims in the Age of Obama.Steven grew up in Bluefield, Virginia, to a mother from Nicaragua (by way of Palestine) and a father from Madaba, Jordan.  Books by Salaita

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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 September 22, 2014


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The Legality of War Powers: Michael Ratner

Law and Disorder co-host Michael Ratner explains war powers in the United States and questions the legality of President Barack Obama decision to launch attacks against the Islamic State using the 2001 Authorization To Use Military Force. Michael Ratner and Jules Lobel with the Center for Constitutional Rights have brought a number of cases challenging the decision to go to war including Vietnam, El Salvador and Grenada

Attorney Michael Ratner:

  • I’ve spent as a number of us had a lot of our lives trying to restrain U.S. war powers. The U.S. particularly the president or the Congress together going to war around the world.
  • It’s been a task that has been singularly unsuccessful, starting with Vietnam where we brought case after case. Only at the very end of the war really did Congress finally act to restrict the president after there were secret wars carried out in Cambodia, in Laos, not just Vietnam.
  • Right now the president hasn’t asked for any authority from Congress to either bomb targets in Iraq that he claims are Islamic state targets or presumable if they begun it bombing in Syria, again targets he claims that are Islamic state targets. He’s not asked for any authority.
  • He has of course had to use some funding that Congress I think will approve if he asks for more. That is not considered giving authority by Congress, just because they fund a war.
  • Coming out of Vietnam, Congress did sort of a mea culpa. They said well, the president dragged us into this war, we passed this Gulf of Tonkin Resolution which was this open ended resolution that said the president could do what ever he wanted in Vietnam. He kept fighting the war based on this broad authorization that Congress gave him over a false incident. . .
  • The Gulf of Tonkin Resolution you could liken to the authority Congress gave the president to go to war in Afghanistan called the Authorization to Use Military Force.
  • (Still back to Vietnam) So Congress passes what’s called The War Powers Resolution. Congress said to itself, we don’t want to be in the situation like Vietnam again.
  • The president, yes is required to go to Congress before he can go to war with any country. The framers were very clear, we don’t want a president making war on his own.
  • You get to Vietnam and Congress says we’re going to make a special statute. You still need a declaration of war or a special passage by Congress of a statute authorizing war before you can make war. But in just in case the president goes in to a country without getting a declaration from us or a statute allowing it we’re going to say he can only stay in that country for 60 days.
  • After 60 days he’s required to pull out all troops from that country.
  • There’s never been any compliance with the War Powers Resolution in the history of our country – where after the 60 day clock, the president has pulled out the troops.
  • I’ve litigated that with El Salvador when the U.S. sent in “advisors” into El Salvador, we’ve litigated it in Grenada and other places.
  • We litigate these on 3 bases. Non compliance of the War Powers Resolution, Secondly non-compliance with the U.S. Constitution which is the Congress has to declare war not the president, and third non-compliance with the U.N. Charter which says there can be no use of force by any member state, unless its self defense or the UN Security Council approves it.
  • The problem here isn’t really a problem of law. The problem here is the problem of having a hegemonic imperialist country that dominates the world through force.
  • So that turns us back to where we are right now.
  • Obama has two justifications – one is the original grant of authority to bomb and go and use force and U.S. troops in Afghanistan called the Authorization to Use Military Force passed shortly after 911 in 2001 which basically said the president could use force to go after the perpetrators of 911, those who harbored them or those who aided and abetted them.
  • In the case of the Islamic State they’re at war with has been denounced by al-Qaeda, so they’re certainly not part of a 911 conspiracy at all.
  • There’s no question that he’s illegally bombing the Islamic State in Iraq, illegally bombing them to the extent he is in Syria.

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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The People’s Climate March and the United Nations Climate Summit

We hear the voices from the climate march held in New York City, a large-scale activist event to advocate global action against climate change. The march winded through the streets of New York Sunday, September 21, 2014. Initially called by 350.org, the environmental organization founded by writer/activist Bill McKibben, the march has been endorsed by nearly 400 organizations, including many international and national unions, churches, schools and community and environmental justice organizations. The action is intended to coincide with the UN Climate Summit this week as U.N. Secretary General Ban Ki-moon invited leaders of government, the private sector and civil society to arrive at a long term solution for climate change.

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 National Immigration Project

Last month the National Immigration Project of the National Lawyers Guild and several other groups sued the federal government to challenge its new and unlawful “fast-track” expedited removal policies that are being used against mothers and children detained in Artesia, New Mexico. Artesia is a remote detention center hundreds of miles from the nearest city. Lawyers with the NIP have collected evidence showing the government disregarding and pushing mothers and children through a deportation process making it nearly impossible for them to consult attorneys, prepare claims for asylum or any defenses to deportation. A class action lawsuit was brought by the Northwest Immigration Rights Project challenging the treatment of unaccompanied children in California with the average of 10 years old.

Paromita Shah:

  • Starting in early April the government began to see a surge in arrivals of families – of mothers and children and sometimes children who came by themselves.
  • Predominantly these children and families come from countries Honduras, Guatemala and El Salvador.
  • They fled their home countries for a variety of reasons, mostly to escape what was horrific atrocities they experienced.
  • They went to other countries as well, since other countries have seen a 700 percent increase in asylum claims. Costa Rica and Bolivia.
  • The surge is not new. The surge actually began about 5 years ago when people were reporting an exponential increase of children coming across the border and no one knew what to do about it.
  • From the stories we’ve heard from many of our members they are fleeing horrific atrocities and came to the United States to seek refuge here.
  • The National Immigration Project of the National Lawyers Guild and the ACLU and a number of organizations sued the federal government to challenge its policies that denied a fair deportation process to the families and the children who fled this extreme violence.
  • The primary focus of our argument is that these people weren’t given a chance to apply for asylum.
  • We are violating our laws that relate to asylum, that relate to the convention against torture. These are laws not only in the United States but also international treaties that we’ve signed onto.
  • If you fled a country that abused you and injured you, you would come to the United States border. At that point our laws set up a process called expedited removal. It’s a two stage process.
  • The first step includes an interview with asylum officer to evaluate if you have a credible fear. When I say border that’s at any point of entry in the United States.
  • Anywhere within 100 miles of the border (U.S.) because that’s how we define the border.
  • Two thirds of the population of the United States lives within 100 miles of the border.
  • Artesia New Mexico is a federal holding cell for the 672 people who are now detained there.
  • If you’re a child that doesn’t have an adult with them you’re supposed to be treated differently under this process. They are not as a practice supposed to be put into expedited removal because of their age. You will have a chance to apply for asylum ( which is incredibly difficult) because you apply without an attorney.
  • There are children in New Jersey, Washington state, Texas, L.A., and Florida.
  • Children can’t always talk if they were raped or recruited into a gang or brutalized by a gang.
  • J.E.F.M. v. Holder
  • The irony of this whole process is that Artesia is in New Mexico. The immigration court that’s holding these hearings around Artesia is in Arlington, Virginia.
  • They’re conducting these hearings by video.

Guest – Paromita Shah, associate Director of the National Immigration Project. She specializes in immigration detention and enforcement. She is the contributing author and co-presenter of the Deportation 101 curriculum.

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Law and Disorder September 15, 2014


 

Updates:

  • Professor Salaita Press Conference Update
  • Michael Ratner: 13th Anniversary of 9-11
  • Michael Ratner: You Can’t Have Imperialism Abroad And Democracy At Home
  • Michael Ratner: Basically . . .It’s Over. The Legal System Is Done For.
  • Michael Ratner: September 11, 1973 Anniversary – Chilean Coup D’état
  • Michael Ratner: September 7, 1971 Anniversary Attica Prison Rebellion

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50 Year Anniversary of the Free Speech Movement

The Free Speech Movement began September 14, 1964, marking the 50 year annivesary this month. It began when the University of California at Berkeley announced that existing university regulations banning political activity on campus would be “strictly enforced.”  The resulting protests, unprecedented in scope, were the harbinger of the student power, civil liberties, and antiwar demonstrations that convulsed college campuses throughout the country for the next decade. American playwright, social activist and author Barbara Garson joins us to talk about the Free Speech Movement and her most famous work MacBird.

Barbara Garson:

  • I was at the University of California at Berkeley and when we got back to campus in 1964 some people from the Freedom Summer in Mississippi, myself working with the farm workers in California . . . we come on to campus and we discover that the area in front of the school that we (all the groups) traditionally used to hand out leaflets about their events and so on, suddenly you couldn’t hand out leaflets there.
  • The reason we were given was trash. That is to say litter.
  • Pretty soon all the groups, I mean all the groups, the Republicans, the Young Republicans, the Democrats and the Anarchists, we all went to the administration and . . . . they dropped that flimsy excuse.
  • They said no, the only thing is you can’t pass out leaflets on campus that advocate action off campus.
  • It was obvious not only to the radicals but all the students that some . . powerful people in Berkeley had become annoyed by the farmworkers boycott and the equal employment picket lines in Oakland and had put pressure on the president of the university.
  • All the groups realized this wasn’t an issue about litter, it was an issue of free speech.
  • Throughout that year of expulsions, arrests, all the groups stood together.
  • They stuck together with a very simple demand, that we be able to exercise the freedoms guaranteed by the Constitution of the First and Fourteenth Amendments on the CAL campus.
  • We won 100 percent.
  • We created a counter force and we stayed with it. I don’t believe in the cult of a personality but Mario Savio really was special.
  • The campus police called the Berkeley Police and the Berkeley Police who are very nice put Jack Weinberg in a police car. Suddenly everybody sat down around the police car. There are dozens of people who claim to be the first person to sit down around the police car.
  • He (Jack) knew immediately not give his name to step up the action.
  • People start getting on the police car to address the crowd. Try to remember back what kind of kids we were. When you look at the pictures we had short hair, we had bright glasses, just really nice kids. (They take off their shoes before getting on police car.)
  • One of the people who gets on the police car is Mario Savio who’s been on a Freedom Summer, that summer. The gift that Mario gave us was his utter sincerity.
  • He (Mario) created that sense, we’ve come here to do something worthwhile with our lives. We were talking lives, not lifestyle.
  • We were very naive and we accept committees to look into the free speech regulations on campus.
  • Over the course of six months it became clear to everyone that there was nothing we could do that we would be betrayed.
  • Many of the students were most radicalized by being lied to.
  • I’m an FSM alumni really, not a Berkeley alumni.
  • It’s just natural, they really did agree with us, who doesn’t agree with the First and Fourteenth Amendments.
  • We literally voted to dissolve the Free Speech Movement. That’s wrong. We saw the same thing happen with Occupy, from a good impulse, not be like them, we haven’t presented any power to fight them.
  • One of the areas where we left no fight, the economic areas which have seen working people beaten down for the 40 years.
  • Now when you go to the University of California Berkeley campus you don’t need regulations about speech when most of the students have mortgage sized debts.
  • When I went to University of California Berkeley my tuition was free.
  • The FSM, well, its in part in sorrow that we meet to figure out how things went this way.
  • FSM.org – Reunion Event

Guest – Barbara Garson, an American playwright, author and social activist known for the play MacBird. She wrote a series of books describing American working lives at historical turning points, including All the Livelong Day (1975), The Electronic Sweatshop (1988) and Money Makes the World Go Around (2001). Her new book, just published, is Down the Up Escalator: How the 99% Live in the Great Recession

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 Louis Tikas and the Ludlow Massacre

Louis Tikas and the Ludlow Massacre is the title of the new documentary film from Greece by Lamprini Thoma and Nickos Ventouras. April 20, 2014 marked the 100th anniversary of the historic attack on workers. In April 1914, the Colorado National Guard and Colorado Fuel and Iron Company Camp Guards began shooting into a tent colony of 1200 striking coal miners and their families in Ludlow Colorado. 39 people were killed including 2 women and 11 children. Among the murdered was Louis Tikas, a Greek immigrant who is remembered in this documentary for his work that helped launch the U.S. labor movement. The story is told through the voices of prominent historians, artists and the descendants of Ludlow miners in Colorado.

Lamprini Thoma:

  • When the situation in Greece . . . we’re not a democracy anymore, you know. When we started losing our working rights, we started having problems with immigrants . . it all became obvious we were back there.
  • Me and Nickos who’s my partner in life and in crime, we did the movie together.
  • We thought that we didn’t have to say anything, that history could say everything, about people like immigrants, like Greeks and how they suffered, and how they fought for their rights.
  • That’s how it became relevant to us now. Not something from history but something from your life, you have to put in your life and you have to say to the other, see this is what happened.
  • We musn’t let it happen again.
  • Palikari, young men in their prime. Louis Tikas his name is Elias Spantidakis. He left from Crete, late 19th century, went to New York and from there Colorado where he got involved with the unions and he started organizing the Greeks and he saw how hard things were especially for the miners.
  • He was a man of peace and of justice I can say.
  • He was murdered brutally by the man of the Rockefellers at the time of the Ludlow massacre.
  • In this work of ours we’re trying to let the people meet him and see how wonderful a man can be.
  • At the time John Rockefeller Sr was passing his power on to John Rockefeller Jr. it was 1914 that the thugs of the Colorado Fuel and Iron Company of the Rockefellers attacked the miners.
  • It was the second day of the Greek Easter, a very important time for Greek immigrants. Louis Tikas was the first to be killed among the union men.
  • It’s a history then that shows how things were and still are in my opinion for the working class.
  • Women were the ones to keep the house, to keep the children fed. To take their place (the men) when they were arrested.
  • When working rights move on, all rights start to move on. They’re connected in a way.
  • Most people think that Rockefeller was the winner. He killed them when the strike was brought. But he was not, history is the judge there . . . and how it survived in memory.
  • They never speak about class war in the United States. They use other phrases.
  • Our premiere will be in the CUNY Grad Center in Manhattan September 19, 2014 and we’re expecting to see you there.
  • Nonorganicproductions.com – Coal is organic.

Guest-Lamprini Thoma has been working as journalist, radio producer and script writer for the last 30 years. She has covered wars in the Balkans, the former Soviet Union and West Africa. She has worked in print, online and broadcast media, including the BBC’s now defunct Greek service. She created the first specialized newspaper column on the Internet in Greece, something which still makes her proud.  Lamprini and Nikos have been working together for the last ten years.

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Law and Disorder September 8, 2014


Updates:

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University of Illinois Chancellor Wise Going Forward With Salaita Appointment To Board of Trustees Vote

Last month, the University of Illinois rescinded the job offer of Professor Steven Salaita who wrote controversial social media posts about the war in Gaza. This raised serious concerns under established principles of academic freedom. Professor Salaita was basically dehired from the American Indian Studies program at the University of Illinois at Urbana-Champaign because of his statements on social media criticizing Israel’s conduct of military operations in Gaza. We reported weeks ago on Law and Disorder that scholars from law schools around the country came out with a very strong letter condemning the decision of the University of Illinois to dehire Professor Salaita.  FOIA Email Link

Professor Katherine Franke:

  • Professor Steven Salaita until recently was a tenured professor at Virgina Tech and was well known in English departments across the country and also among scholars who worked in colonialism and post colonialism studies. He developed a really rich body of work thinking about Native American rights, native people’s rights in the United States and connecting them to Palestinian rights in particular internationally.
  • Read Professor Katherine Franke’s second letter here.
  • He was a well sought after scholar and was hired by the University of Illinois in their American Indian Studies program in a process that started last fall.
  • The department unanimously voted him an offer and this summer the university started to get pressure from outside donors, some of their alums and advocacy groups to not finalize the offer because of some tweets Professor Salaita sent out over the summer related to the Israeli attacks in Gaza.
  • The emails to the chancellor were released showing that large six figure donors had seen those tweets or learned of them and said you cannot hire this guy or I will withdraw my future giving to the universities.
  • So, the chancellor let Steven know that she was not going to finalize his offer even though they already negotiated his teaching schedule, he’s already rented an apartment, they had already negotiated his moving expenses.
  • Right now he has no job, no income, no where to live.
  • It’s the most recent iteration of what has been a rather well organized, well financed campaign in the United States in particular to purge the academy of scholars and even graduate students who are doing work that is either sympathetic to the idea of Palestinian sovereignty or rights or critical of Israeli state policy particularly the occupation.
  • It was so obviously a violation of the fundamental right of academic freedom.
  • I’ve only learned of his scholarship as a result of this campaign and his termination from the University of Illinois.
  • I explain to Chancellor Wise in the letter that I sent, that not only will I not come to the university to speak in an official capacity but I will come to Urbana-Champaign and meet off campus with faculty and students, and members of the communities about these issues of academic freedom.
  • Their strategy has been to portray any criticism of Israeli state policy or any criticism of political Zionism as uncivil or as a form of hate speech, but more importantly to appeal to a civility norm. That its not nice. That it creates an unwelcome learning environment for students, particularly jewish students.
  • To see her parroting that language (Chancellor Wise) and for Chris Kennedy to parrot that language says to me that they’ve been reached by these organized operatives from the outside about how to message this termination.
  • I don’t believe there is a civility norm at stake here and I think we actually shouldn’t have one in a university setting. We ought to take on uncivil ideas, ideas that are troubling, that are uncomfortable and unpack them in thoughtful scholarly ways.
  • As these emails are coming out under the Freedom of Information Act Requests over the last few days its quite clear that civility is not what underwrote the decision to terminate him. It was really outside pressure from donors.

Guest – Katherine Franke,  Isidor and Seville Sulzbacher Professor of Law; Director, Center for Gender and Sexuality Law at Columbia University. She was awarded a 2011 Guggenheim Fellowship, and is among the nation’s leading scholars in the area of feminism, sexuality and race. In addition to her scholarly writing on sexual harassment, gender equality, sexual rights, and racial history, she writes regularly for a more popular audience in the Gender and Sexuality Law Blog. Franke is also on the Executive Committee for Columbia’s Institute for Research on Women and Gender, and the Center for Palestine Studies and teaches at a medium security women’s prison in Manhattan. Her legal career began as a civil rights lawyer, first specializing in HIV discrimination cases and then race and sex cases more generally. In the last 25 years she has authored briefs in cases addressing HIV discrimination, forced sterilization, same-sex sexual harassment, gender stereotyping, and transgender discrimination in the Supreme Court and other lower courts.
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The Jihadis Return: ISIS and the New Sunni Uprising

In June of this year, the United States sent more troops to Iraq and carried out airstrikes to stop the advance of the Islamic State of Iraq and the Levant, known as ISIS into the Kurdish capitol Erbil. However, a more complicated situation has developed in Syria. The U.S., Western European, Saudi, and Arab Gulf policy is to overthrow Syrian President Bashar al-Assad, which is also the goal of ISIS and other jihadis in Syria. ISIS’s membership is between 10 and 17 thousand.  We talk today with veteran Middle East correspondent Patrick Cockburn about his new book The Jihadis Return: ISIS and the New Sunni Uprising, about the origins of ISIS. We’ll also talk about the role of Saudi Arabia in the larger picture and in funding part of the Sunni terrorist groups, which was exposed by Wikileaks.

Patrick Cockburn:

  • The Islamic State of Iraq and the Levant, which has turned into the new caliphate in western-northern Iraq and western Syria. It has come out of Al-Qaeda in Iraq.
  • This organization that was linked to Al-Qaeda but not formed by Al-Qaeda after the invasion of Iraq in 2003 is very anti-Shia, Sunni fundamentalist is extremely violent.
  • What makes it so effective is its a mixture of religious fanaticism and military efficiency.
  • Some of the senior people of ISIS are former security officers and special republican guard officers from Saddam Hussein’s time.
  • ISIS is led by a core of people who fought the U.S. in Iraq, fought the Iraqi Army, this is after 2003 and then after 2011 fought in Syria.
  • So, it’s quite an experienced group.
  • It had been growing stronger in Iraq over the last 3 years. It launched a series of campaigns, one of which to break its members out of prison.
  • It had taken over quite big territory in Iraq then it had moved into Syria.
  • It’s present in both countries, but its main effort was in Iraq this year.
  • It always had strength in Mosul City, even though the Iraqi Army was in theoretically in charge but it would still levy protection money on people.
  • Maybe 8 million dollars a month. I know contract men there paying half a million dollars a month.
  • It’s final take over was swift and devastating. I can’t think of an example in history when 350 thousand men in the Iraqi Army,  650 thousand police simply disintegrated under an attack from under 3000 ISIS fighters.
  • What really changed in 2011 when you had the uprising in Syria, primarily the Sunni Arabs of Syria, Iraq politicians said it would spill over into Iraq.
  • The U.S. and its allies to a substantial degree were responsible for this. They backed the uprising against Assad. Even when it was apparent in the last 2 years that Assad wasn’t going to go.
  • Wahhabism is the Islamic variant practiced in Saudi Arabia.
  • There’s always been an alliance over the last 300 years between the preachers of this very puritanical, fanatical, violent and bigoted variant of Islam and the House of Saud.
  • What they believe is not that much different from what ISIS believes. It’s very anti-Shia, the Shia seen as heretics worthy of death. It’s anti-Christian, anti-Jewish and deeply intolerant.
  • Without the policies of Saudi Arabia and Pakistan, there wouldn’t have been a 911.
  • Bin Laden was part of the a Saudi elite.
  • Rather amazingly, the Saudis were let off scott-free.
  • Kuwait has been a major financial supporter of the Jihadis, so has UAE, so has Qatar, the gulf monarchies as a whole if you like and so has Turkey.
  • The problem with Obama and the U.S. is they have to decide what side they’re on.  In Iraq, they’re supporting the government against ISIS, they’re supporting the Kurds against ISIS.
  • But in Syria, the main opponent of ISIS is the Assad government but the U.S. policy is to weaken and displace that government.
  • In a way, (the U.S. policy actually assists ISIS)

Guest – Patrick Cockburn is currently Middle East correspondent for The Independent and worked previously for the Financial Times. He has written three books on Iraq’s recent history as well as a memoir, The Broken Boy and, with his son, a book on schizophrenia, Henry’s Demons, which was shortlisted for a Costa Award. He won the Martha Gellhorn Prize in 2005, the James Cameron Prize in 2006, and the Orwell Prize for Journalism in 2009.

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Law and Disorder September 1, 2014


Updates:

  • Michael Ratner: The Dahiya Doctrine, Wikileaks and Julian Assange
  • Michael Ratner: U.S. Is The Fundamental Supporter Of Israel War Crimes
  • Major Free Speech Court Victory in Brooklyn Bridge Occupy Mass Arrest Class Action
  • Update On H.Rap Brown Health And Treatment

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Labor Day Songs From The Union Makes Us Strong.

Michael Smith and Heidi Boghosian play songs from The Union Makes Us Strong album by Peter Siegel and Eli Smith to honor Labor Day 2014. The historical importance of these songs lie in the role they played in the creation of the union movement in the United States in the first half of the 20th century. They instrumental in propagating the attitudes and ideas the “class consciousness” that led working men and women by the thousands to recognize the need to stand together in solidarity. In short, they shaped a politicized working-class culture based more upon social than individual values.

Songs: There Is Power In the Union / The Preacher And The Slave / The Death of Mother Jones / Song For Bridges.

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Non-GMO Seed Programs Help Poor Farmers In El Salvador Secede From Monsanto Monopoly

When you hear news reports about the mass migration of unaccompanied children coming across the Mexico – U.S. border, you usually don’t hear about the pressures that are driving the emigration. Today we look at some of the economic and agricultural reasons that cause migrations specifically in El Salvador.  One organization helps poor farmers grow and market sees for corn and beans. This program is called the Mangrove Association where the government buys the seeds and distributes them for free to the 400 thousand farmers. However, these are non – GMO seeds, a preference that local communities and the El Salvadoran government had to fight for.

Professor of Law Eleanor Stein:

  • My primary work over the last 10 years has been centered on climate change and what can be done to reverse that trend and to change the political climate in which those decisions get made.
  • I was interested in this project in El Salvador because I understood that it was based in some local community groups in a very poverty stricken rural area in the southwestern part of the country and they were using very creative methods to develop more of a sustainable agriculture and also to take measures related to adaptation of their region as a result of climate change.
  • CAFTA is a trade treaty which the U.S. and Central America are parties and the Dominican Republic and it governs very much like NAFTA. It governs the requirement for procurement of goods and services by governments in those regions.
  • El Salvador is a very poor country. It’s still living with the results of a civil war that went from 1979 to 1992 that resulted in the death of almost 80 thousand people.
  • When I say a civil war, that doesn’t really capture the full involvement of the U.S. government fully supporting the right wing counter insurgency forces.
  • They (Salvadoran government) have put in place a seed program that began in 2012 that was meant to deal with tremendous problems in food insecurity, agricultural non-sustainability and poverty and lack of economic opportunity that exist in the rural areas.
  • They’re cooperatives that produce seeds. They’re locally grown, they’re non-GMO and they are apparently more successful than the Monsanto varieties.
  • They have a higher germination rate, and they’re much more hardy in their conditions of growth in El Salvador.
  • Until fairly recently, Monsanto had been procuring almost all of its seeds from a Monsanto subsidiary in the region and from very few other producers and were arguable in violation of CAFTA because this was a direct procurement without bidding.
  • The Millennial Challenge Corporation is a U.S. government agency which is basically a dispenser of aid in the form of grants to countries that have been defined as emerging potential democracies by the State Department.
  • This aid package for every country it has been offered has been conditioned on the local government making certain changes. Legislative changes to bring the economy of the recipient country more in line with the neo-liberal trade policies.
  • For example, they tried to get the El Salvadoran legislature to privatize water in their country.
  • This is one of few places in the world where a region has been able to secede from the Monsanto monopoly.
  • Mangrove Association.There were able to provide for free to more than 400 thousand farmers these very high quality seeds. This is a concrete effective local program that is really combating hunger and food insecurity and its at a time when tens of thousands of children from El Salvador are trying to emigrate to the United States because of not only violence but poverty and lack of opportunity in El Salvador.
  • Both the violence and the poverty and the lack of economic development are rooted in the war in the history of El Salvador and the history of the U.S. role in that war.
  • I think the underlying condition not only for the emigration but for the violence itself is the lack of infrastructure, the lack of development, the lack of opportunity that continues to haunt this country that was under the rule of an oligarchy for 60 or 70 years.
  • We didn’t meet a single family that had indoor plumbing. People are living under really difficult conditions.
  • www.eco-viva.org

Guest – Eleanor Stein, teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental  and Atmospheric Sciences Department at SUNY. Eleanor Stein is teaching transnational  environmental law with a focus on catastrophic climate change. For ten years she served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.

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Law and Disorder August 18, 2014


Updates:

  • Police Reform Urged By Anonymous
  • Prof. Johanna Fernandez Brings Suit To Obtain NYPD Files On The Young Lords
  • Heidi Boghosian Leaves National Lawyers Guild After 15 Years And Is Now Executive Director of the AJ Memorial Muste Institute

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International Humanitarian Law and Israel’s War Crimes

Since the July 8th launch of intense bombing and the ground invasion by Israel against the occupied Palestinian territory’s Gaza Strip. There’s growing evidence that Israel’s leaders and commanders have committed the following crimes, war crimes, genocide and crimes against humanity as defined in the Rome statute of the International Criminal Court. U.S. military aid has aided and abetted and assisted the commission of these crimes by providing Israel with the military means to commit them. We discuss today violations of International Humanitarian Law with the Center for Constitutional Senior Staff Attorney Maria LaHood.

Attorney Maria LaHood:

  • It has been reported that Israel has killed almost 2000 people in Gaza, including 460 children over the last month.
  • A few thousand children alone, have been injured and they’ve displaced almost half a million people, that’s more than a quarter of the population of Gaza.
  • That’s not to mention the widespread destruction of homes, schools, hospitals, mosques, UN shelters, critical infrastructure for civilian population and the power plant in Gaza.
  • Then you think about the trauma that the population is subjected to, especially the children.
  • What Israel has done, violates the laws of war, which is intended to protect civilians.
  • There’s international humanitarian law that governs armed conflict. The basic principles are distinction and proportionality.
  • Parties to a conflict have to distinguish between military objectives which can be attacked, and civilians and civilian property and infrastructure which can never be targeted under any circumstances.
  • Grave and serious breaches of these laws are war crimes.
  • Willful, indiscriminate and disproportionate attacks on civilians or civilian objects, like homes, the attacks on medical staff, and ambulances, and hospitals, which are specifically protected.
  • There has also been the extensive destruction of property that hasn’t been justified by military necessity.
  • The attacks and Israel’s closure on Gaza also are collective punishment. They punish people for offenses that they didn’t commit.
  • All state parties to common Article 1 of the Geneva Convention are required, including the United States, are required to insure respect for the conventions under any circumstances.
  • The United States has laws to prohibit funding and arms sales to foreign governments or specific units that are engaging in human rights violations.
  • For example the Leahy Law bars the U.S. from funding foreign military units and individuals if there’s credible information that they took part in gross human rights violations.
  • We found out recently, the U.S. doesn’t track which Israeli units are receiving U.S. military assistance.
  • More than half of our foreign military funding goes to Israel.
  • Even over the course of this latest onslaught on Gaza, the U.S. has sold munitions to Israel.
  • As far as I’m concerned the U.S. is aiding and abetting Israel’s war crimes.
  • I think the most important thing that’s going on right now is the global movement in support of Palestinian human rights.
  • Look at the U.K. recently, 100 thousand turned out for a protest. A foreign officer minister resigned over the government’s policy. Now the government announced it will suspend military export licenses if the fighting resumed.
  • Frankly, I’m not sure what could stop Israel while it has the U.S. government’s support.
  • That’s our responsibility to change.
  • It’s our right to talk about what Israel is doing, it’s our duty to do something about it.
  • At every chance the U.S. government protects Israel.
  • Its difficult in U.S. courts. It’s difficult when the U.S. government is protecting Israel in every way it can.
  • It’s not just in U.S. courts, its in the U.N. It’s basically pressuring Abbas, not to ratify the Rome Statute of the International Criminal Court so that Israeli officials can’t be liable there.
  • It pressures the Human Rights Council at every turn not to condemn Israel, not to have fact finding missions into Israel’s crimes, not to permit accountability for Israel.
  • The United States has exercised its veto over 40 times to protect Israel from any accountability – (In UN Security Council)
  • Basically the Rome Statute permits that states who aren’t parties can accept the court’s jurisdiction on an ad hoc basis.
  • The ICC could accept jurisdiction of these crimes and should.
  • There is a very serious argument that Israel’s mass killings of civilians in Gaza, repeated several times in recent years, in the context of Israel’s 47 years of occupation and absolute suffocation of Gaza over the last several years, and treatment of Palestinians more broadly, not to mention the horrible genocidal statements that top officials have been making in recent weeks, that that constitutes genocide.
  • Genocide is a crime that the ICC has jurisdiction over.
  • I began doing civil rights work as an attorney, and I was so troubled by what was going to be happening post 9-11, that I really wanted to get more involved in international human rights.
  • I’m Lebanese-American, so I do feel impacted by what’s happening, but it is really truly I think my status as a responsible party as an American that makes me want to fight this.

Guest – Maria LaHood, Senior Staff Attorney at the Center for Constitutional Rights, which she joined in 2003.  She specializes in international human rights litigation, seeking to hold government officials and corporations accountable for torture, extrajudicial killings, and war crimes abroad.
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International Peace Movement Gains Traction

There is a growing movement among Americans and Jewish Americans who are organizing for justice in Palestine. They’re calling for an end to the occupation, a restoration of the lands and homes of the Palestinians who were evicted years ago and an end to the siege in Gaza. Recent actions by a grassroots national organization called Jewish Voice for Peace have targeted companies that profit from the occupation, congressional leaders and Jewish institutions that rally behind Israel’s violence against civilians.

Donna Nevel:

  • It’s part of a long pattern, and a long history of brutality against the Palestinian people and the people of Gaza and going right back to the Nakba and since then.
  • The organizing that has been going on has been definitely stepping up. We’ve all seen the photos of protests around the world. London had a huge one, and South Africa and this country.
  • Netanyahu recently held a press conference that was translated from Hebrew, that there cannot be a situation in which we relinquish security control of the territory west of the river Jordan.
  • If we look at what happened in 1948, with the Nakba, what happened in 67 when Israel occupied more territory and displaced thousands upon thousands more Palestinians. Palestinians have been arrested more systematically, increased colonization of land, including during the supposed peace process.
  • I’m one of many many people and groups that are doing organizing and as you know I’ve chosen to do my activism with a number of different groups.
  • One of them Jewish Voice For Peace, Jews Say No and have also become part of a project, The Nakba Education Project, specifically because we think there is a great need in the American Jewish community and more broadly for the Nakba to be front and center which also addresses issues of the right of return.
  • For our organizing, I think that the Palestinian led movement, for Boycott Divestment and Sanction at this particular moment becomes more important than ever as we’re protesting the brutality of the Israeli government.
  • Jewish Voice For Peace – we hold ourselves accountable as a Jewish group that needs to do our work within the Jewish community and at the same time be a very respectful, responsible and responsive partner to the Palestinian led movement for BDS and for justice in Palestine.
  • There are so many ways to connect.
  • Now, you can be an Alternet, a Mondoweiss, an ElectronicIntifada, really wonderful places that speak the truth.
  • There are organizations like the IMEU, The Institution For Middle East Understanding.
  • JVP alone has had 50 thousand new people at least who asked to be on their mailing list. I’m pretty sure that’s happened with lots of groups across the country.
  • The Israeli propaganda machine is so strong buttressed by the US government propaganda.
  • Demonstrations have been huge . . . and the acts of civil disobedience.
  • My background is that I grew up with deeply committed Jewish parents who taught me to stand up for justice whenever and wherever and to be proud of who I was and never think I was better than another human being.
  • That was the framing through which I grew up. I thought I was going to connect to Israel and at first connected to what was called the Marxist-Zionist movement, which I understand is rather an oxymoron.
  • I think what I hadn’t looked at was the Nakba. In 1989 I was involved with the Road to Peace Conference which was held at Columbia University between Knesset members and PLO officials and it was illegal for Israeli Knesset members to meet with PLO officials so Edward Said arranged for us to be at Columbia.
  • I had been told there’s no group to talk with on the other side meaning the Palestinian side. Every group within Palestinian civil society and Palestinian political life showed up at the conference.
  • There are increased BDS actions that are taking place. BDS Initiatives Grow Around The World
  • BDSmovement.net / Endtheoccupation.org / JewishVoiceForPeace.org / Adalah.org / Contact  – JewsSayNo@gmail.com /

Guest – Donna Nevel is a member of the board of Jewish Voice for Peace.  She’s also a community psychologist and educator, coordinates the Participatory Action Research Center for Education Organizing (PARCEO) in partnership with the Educational Leadership Program at NYU Steinhardt, where she teaches PAR. She has been a long-time organizer for equity and racial justice in public education. She has been involved with Palestine/Israel peace and justice work since the 1970’s and is also part of groups to challenge Islamophobia and anti-Arab racism.

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Law and Disorder August 11, 2014


Updates:

  • Attorney Michael Smith Remembers 69th Anniversary of U.S. Dropping A-Bombs On Japan
  • Atomic Diplomacy: Hiroshima and Potsdam: The Use of the Atomic Bomb and the American Confrontation with Soviet Power

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The Logic of Israeli Violence

Ongoing reports of Israel engaging in senseless cruel violence against Palestinian people in Gaza throughout Operation Protective Edge is not a random bombing campaign but a strategic war experiment in colonial management as Greg Shupak explains in his recent article The Logic of Israeli Violence.  Shupak points out the attacks on civilians fleeing for shelter, the bombing of the medical infrastructure, fishing boats and wheat mills, killing Arab speaking journalists are in the larger plan of ethnicide and to render the Palestinian people dependent. His article reminds readers that there is a measured plan of attack to systematically erase the historic memory of the Palestinian society.

Greg Shupak:

  • There’s good reason to believe according to some reporting by 97 Magazine and Max Blumenthal that the Israeli security forces knew quite perfectly well the teens were almost certainly killed as soon as they were abducted and yet they carried on this charade of pretending that they could be rescued in some way.
  • Rocket fire from Hamas didn’t start until after Israel carried out strikes within Gaza, and carrying out various forms of killing Palestinian civilians and or people they described as militants.
  • The rockets were a response to Israeli violence.
  • Israeli propaganda has insinuated that these tunnels have in fact been used to kill Israeli civilians or that they may well be, but that simply has not happened.
  • If the aim was to destroy tunnels, Egypt which is being ruled by a brutal regime, in its own right, was able to get rid of these tunnels without killing huge numbers of civilians.
  • Israel’s aim vis a vis Gaza is to isolate Palestinians there from the outside world render them dependent on external benevolence and at the same time absolve Israel of responsibility toward them.
  • The thesis I put forth about the current violence of Operation Protective Edge, is that one way Israel is attempting to achieve that goal, that goal of Jewish supremacy in historic Palestine with as much land as possible and as few Palestinians as possible is to aim to obliterate Palestinians as a people with the capacity to live independently in their homeland.
  • The pattern of Israeli violence . . . is not only to kill and maim Palestinians but to impede their capacity to live autonomously in historic Palestine.
  • It’s a settler colonial project.
  • This is part of a longer term pattern. If you look at the work of Dr. Sarah Roy of Harvard she has documented extensively what she calls the deliberate de-development of the Gaza Strip economy.  She has warned that Gazans are at risk for mass starvation.
  • Five hospitals have been shut down. 24 health facilities have been damaged.
  • We also that there’s been direct strikes on hospitals from Israeli fire.
  • The ability of Palestinians to care for themselves has very much been undermined.
  • Two thirds of Gaza’s wheat mills are inoperative, 3000 of its herders are in need of animal feed. We’ve seen fishermen attacked, we’ve seen attacks on agricultural sites, these are all part of those processes that Sarah Roy has talked about in the longer term.
  • If religion is way for a cultural group to understand its identity then attacking the cultural institutions of that religion are ispo facto an attack on the people to have an identity.
  • When you attack an educational institution you undermine the ability of a people to educate their young, to train them for future work, to train them to think critically, to develop artists, and inventors and so on.
  • This to me is a very significant way for stifling a cultural groups independent existence.
  • At its simplest, Israel can be seen as a giant military base for the United States.

Guest – Greg Shupak, a writer, activist and PhD candidate at the University of Guelph’s School of English and Theatre Studies. He teaches Media Studies at the University of Guelph, Ontario, Canada.
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The National Security State: The End of Separation of Powers

Retired Professor of Law from Duke University Michael Tigar joins hosts to talk about his recent article The National Security State: The End of Separation of Powers published in the latest Monthly Review Magazine.  Michael has explained how the Executive branch of government has come to dominate both the Judicial and Legislative branches of the United States government.  Attorney Michael Tigar has been working on social issues for many years, his books include Law and The Rise of Capitalism, Fighting Injustice, and Thinking About Terrorism: The Threat To Civil Liberties In Times of National Emergency.

Attorney Michael Tigar:

  • The basic principle of constitutional government that is established in our Constitution is that the actions of the legislative and executive branches, particularly the executive branch, are always reviewable by independently appointed judges and that the legality of whatever the executive branch does harms any protected interest, citizen or otherwise ought to be reviewable in the courts of the United States.
  • The main thing about this is the harm to the judicial branch is in a real sense a self inflicted wound.
  • That is to say judges confronted with assertions of executive power have proven inadequate to the task of restraining exercises of executive power
  • We recall the massive illegality of the Japanese relocation at the beginning of the Second World War.
  • It is now been shown that the premise upon which that relocation took place confining Japanese-Americans in concentration camps was false.
  • At the time the Constitution was being debated Patrick Henry opposed the adoption of the Constitution on the ground that the ideal that independent judiciary could act as an effective check upon the exercise of executive power particularly military power was bound to be dis-proven in history.
  • Law is legal ideology. That is to say its erected around social relations. In every time of recorded history there is a sense in which the formal guarantees that rules of law make about individual rights are simply lies the regime tells the people in order to sustain itself.
  • That was the burden of book I wrote called Law and The Rise of Capitalism.
  • The ideal that you rally people to the cause of social change by promising them liberty is also not new.
  • The Cherokee people of Georgia read the Constitution and they said Aha, the Constitution guarantees that any group or individual can exercise certain social rights.
  • So they drafted a Constitution for their nation and set up institutions then they brought suit against the state of Georgia to enforce these rights, that the letter of the American Constitution guaranteed that.
  • What did Chief Justice Marshall say? What a minute, these are inferior and subject people. When the Constitution gives the right to all people, persons, citizens whatever, to bring lawsuits under Article 3 and to bring them to us, it wasn’t talking about these people.
  • Michael Ratner you and others, courageous lawyers who have been struggling to get reviewablility of unlawful executive action should not give up the fight.
  • The kinds of effort you make deserve support and turn out in historic context to be important.
  • Historically the role of lawyers has been to articulate people’s claims for justice.
  • What Edward Snowden and Julian Assange have done is reveal to the world fundamental defects in the way that the American political society has been operating and yet rather than saying thank you in some form of another, the government is hell-bent on prosecuting them.

Guest – Michael Tigar, a research professor of law. He holds expertise in Constitutional Law; Supreme Court; French legal system; criminal law and procedure; human rights. He is fluent in French. Tigar represented Terry Nichols in the Oklahoma City bombing trial. One of the most renowned lawyers in the country today, he has argued seven cases before the U.S. Supreme Court and more than 100 appellate cases. Tigar has written extensively about litigation, aspects of trial practice, criminal law, the death penalty, and the role of the criminal defense lawyer. His books include Fighting Injustice (ABA, 2002); Federal Appeals: Jurisdiction and Practice; and Examining Witnesses. In addition, he has written several plays about famous trials. Throughout his career, Tigar has been active in pro bono cases, the American Bar Association, continuing legal education programs, and international human rights. During the apartheid period, he went to South Africa to train black lawyers. Prior to joining AU, Tigar served as a professor at the University of Texas Law School.

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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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