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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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Law and Disorder August 4, 2014


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Folk Music, Labor Movements and Radical Politics

Especially in times of revolution or crisis, the role of music has been a defining element in telling the stories of labor movements, against the war in Vietnam and civil rights. Folk musician Eli Smith gave a presentation at the Left Forum this year on satirical songs of the IWW including the work of Joe Hill and many others. The early works of Pete Seeger, Woody Guthrie are a great place to start along with the lesser known work of John L. Handcox, and the Southern Tenant Farmers Union. It was the first racially integrated union in the South that used indigenous folk music to fight for the rights of sharecroppers.

Guest – Eli Smith, a banjo player, writer, researcher and promoter of folk music living in New York City. Eli is a Smithsonian Folkways recording artist and produces two folk festivals annually, the Brooklyn Folk Festival in the Spring and Washington Square Park Folk Festival in the Fall.  He has appeared as a guest on terrestrial radio stations such as WBAI, WNYC, WKCR and WDST in New York and KPFA, KPFK and KUCI in California. Eli has presented panels and discussions on folk music at the Left Forum conference at Cooper Union and at the Podcamp podcasting conference in New York City. He has performed and recorded with his old time string band The Down Hill Strugglers, Peter Stampfel, John Cohen and Sam Shepard. The Down Hill Strugglers were recently featured on the soundtrack album to the Coen Brothers’ film “Inside Llewyn Davis,” which was produced by T Bone Burnett.

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Terrorization of Dissent: Corporate Repression, Legal Corruption, and the Animal Enterprise Terrorism Act

Terrorization of Dissent: Corporate Repression, Legal Corruption, and the Animal Enterprise Terrorism Act is a collection of essays by lawyers, scholars and activists that includes interviews with those who suffered from the AETA’s conspiracy provisions. Editors Jason Del Gandio and Anthony Nocella have compiled essential information to document how the Animal Enterprise Terrorism Act is a clear violation of the First Amendment. Specifically, the book documents how corporations and the U.S. Government conspire under this law to prosecute animal rights activists and acts of civil disobedience involving environmental issues under the specter of terrorism. Right now, according to Nocella and Del Gandio, corporate profit determines what can or can’t be done to animals and the environment.

Anthony Nocella:

  • The importance of this act has really shaped how the government looks at one of the larger movements in the United States.
  • The animal advocacy, animal rights, animal liberation movements have been demonized and stigmatized as terrorists, through the media and the government through this particular act.
  • What are the effects of this law? Who influenced this act to be pushed into law? It wasn’t really government.
  • There were main organizations that pushed this law into effect. The Animal Enterprise Protection Coalition, The Animal Legislative Exchange Council (ALEC) The Center for Consumer Freedom.
  • Any logical CEO of a corporation will say I don’t want anything to threaten my product.
  • That product in the case of animals is any where from circuses to sea world, to clothing, from leather to fur, to also eating.
  • We can do away with circuses and fur and a lot of different clothing, but one thing we can’t live without is food.
  • We have to look at the real conflict and that’s between food.
  • Do we want people to have a plant based diet or an animal based diet?
  • There are hundreds of billions of dollars protecting that paradigm of people eating meat, fish and chicken.
  • If anyone threatens that industry, under the Animal Enterprise Terrorism Act, you’re deemed a terrorist.
  • To wash away all the rhetoric that is what this law is specifically speaking about. That’s why it was expanded from the Animal Enterprise Protection Act to the Animal Enterprise Terrorism Act.
  • CCR Condemns Terrorism Indictment for Activists Freeing Mink from Fur Farms
  • The point is – regarding the book, law schools, political science departments, think tanks, need a text that comes from a variety of viewpoints specifically looking at the Animal Enterprise Terrorism Act.
  • I think we have understand the difference between how corporations are influencing laws and literally writing the bills into laws and into effect, while political repression is really law enforcement and senators influencing laws.
  • We’re not criminalizing activists like we did in the 70s and 80s, now we’re labeling them as terrorists.
  • National Weekend of the Animal Enterprise Terrorism Act – Sept 5-6-7, 2014
  • Website – The Institute For Critical Animal Studies

Guest – Anthony Nocella II, Ph.D., an intersectional academic-activist, is Senior Fellow of the Dispute Resolution Institute at the Hamline Law School, co-founder and Director of the Institute for Critical Animal Studies, and editor of the Peace Studies Journal. He has published more than sixteen books including Terrorists or Freedom Fighters?: Reflections on the Liberation of Animals (2004), Call to Compassion: Religious Perspectives on Animal Advocacy (2011), and Defining Critical Animal Studies: An Intersectional Social Justice Approach for Liberation (2014).

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Law and Disorder July 28, 2014


Updates:

  • Palestine Center For Human Rights: Current War Statistics On Palestinian Death Toll
  • Two Laws Under Geneva Conventions: First All Attacks Have To Distinguish Between Military Objectives and Civilian Objectives. Second: You Can’t Just Kill Civilians Who Aren’t Participating in A War
  • Michael Smith: Cultural Ethnicide – Keep Expanding Until Israel Takes Over
  • Cultural Genocide Case: Illan Pappe – Ethnic Cleansing Of Palestine
  • Naomi Wolf Walks Out of Synagogue When Nothing Is Said About Gaza
  • Demonstrations Against The Murder and Violence Against Palestinians
  • Michael Ratner Admonishes JFRED Jews For Racial and Economic Justice and Other GroupsTo Step Forward
  • Michael Ratner Pulls Apart NY Times Article: Crises Cascade and Converge, Testing Obama

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Michael Ratner Discusses 3 International Crimes That Can Be Attributed To Israel’s Actions Against Palestinians: Genocide, Apartheid and Crimes Against Humanity.

Attorney Michael Ratner:

  • First International Crime: Genocide - There are two elements,  one is the mental element, what you’re thinking, and the mental element is intent to destroy in whole or in part. Then it defines who you want to destroy. A national group which would be the Palestinians. An ethnical group, which has a common cultural heritage, racial or religious group. Second is physical, it includes killing members of the group, serious body or mental harm to members of the group. Inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
  • A key term when I say in whole or in part is important.
  • It says the perpetrators, the Israelis in this case need not intend  to destroy the entire group.
    Destruction of only part of a group, members living in one region is also genocide. They tried to get rid of all the educated people. They tried to get rid of the leaders. It pretty clearly fits the legal definition. So we have the crime of genocide and genocide of course can be prosecuted in the International Court of Justice.
    That can be prosecuted by states who have their own universal jurisdiction.
    If an Israeli general or politician travels to a country that will actually enforce its genocide laws that person can be prosecuted under the Genocide Convention and the laws that flow from it.
  • Second International Crime: Apartheid – It’s defined as inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them.
  • Third International Crime: Crimes Against Humanity – It includes any of the following acts committed as part of a widespread or systematic attack directed against any civilian population. They include, murder, deportation or forcible transfer of population, imprisonment, enforced disappearance of persons, the crime of apartheid other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury.

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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Western Media Coverage of Israel Gaza Violence

Last week we interviewed Phil Weiss of Mondoweiss and talked about the media’s role in reporting facts and detailing the history around the escalating violence against Palestinians by the Israeli military. Specifically in the discussion, Phil believed that what he considered better media analysis of the Middle East situation and some other factors, might prevent a ground assault against Gaza. Michael Ratner and Michael Smith both disagreed with Phil believing that it wasn’t just about media coverage or a little better media coverage but the question of a ground assault went to a much deeper issue. 3 hours later unfortunately Michael Smith and Michael Ratner were proven correct.

Jim Naureckas:

  • I think the first thing you have to say of this issue is that the loss of human life has been overwhelmingly on one side.
  • I think that needs to be clear in the coverage.
  • What you’re getting is a coverage on the whole attempts to that treats both sides evenly as if the trauma is equally split between the two sides.
  • The latest figure is 161 children killed in Gaza.
  • And to treat the worries of Israelis as important or more important than the death of 161 kids I think is revolting.
  • There was a poll a while back showing that when people heard the word “occupied territories” a lot of people think that the Palestinians are occupying Israeli territory because the media so rarely explain what’s going on.
  • They’re not explaining what the situation is between Gaza and Israel and so you get coverage of the rockets as if they are the main problem.
  • It’s really a cockeyed way of viewing the situation I think.
  • We were talking about the headline that was changed in the New York Times after the beach massacre when Israel bombed kids playing soccer on the beach and killed 4 boys.
  • The original headline was “Four Young Boys Killed Playing On Gaza Beach” which I might note leaves out the active subject of that sentence it doesn’t say who killed them.
  • By the time it made it to print, the headline had been changed to “Boys Drawn To Gaza Beach And Into Center of Mideast Strife.”
  • You see the underlying bias in these examples.
  • Another is 13 Israeli soldiers, 70 others killed. A lot of readers are going to read that and when you say 13 soldiers and 70 others, you’re going to read that as 70 other Israelis who weren’t soldiers were killed.
  • On MSNBC there was a contributor, a Palestinian American, Rula Jebreal, who was discussing this case and the coverage in general of MSNBC, and was critical of the amount of air time given to Israeli officials versus the amount of time given to Palestinians to discuss the conflict.
  • After making these criticisms, within hours, she had her contract canceled by MSNBC.
  • She was actually brought back on not as an MSNBC contributor but as a Palestinian journalist to talk to Chris Hayes, and Chris Hayes defended her firing.
  • In this particular conflict 100 U.S. Senators voted to declare their support for Israel with no mention of the Palestinians who are dying.
  • Michael Smith: 100 to zero. What does that say about democracy?
  • I think its safe to say there’s more dissent in U.S. media than in U.S. government about the attack on Gaza.
  • I think that the rise of social media has effected the coverage.
  • When you’re doing a story about people treating war as a spectator sport and don’t mention that people are dying in the war, you are really treating war as a spectator sport.
  • We’re writing about this daily on our blog FAIR.org. You can also hear us talking about these issues on Counterspin.

Guest – Jim Naurekas Extra! Magazine Editor Since 1990, Jim Naureckas has been the editor of Extra!, FAIR’s monthly journal of media criticism. He is the co-author of The Way Things Aren’t: Rush Limbaugh’s Reign of Error, and co-editor of The FAIR Reader: An Extra! Review of Press and Politics in the ’90s. He is also the co-manager of FAIR’s website. He has worked as an investigative reporter for the newspaper In These Times, where he covered the Iran-Contra scandal, and was managing editor of the Washington Report on the Hemisphere, a newsletter on Latin America. Jim was born in Libertyville, Illinois, in 1964, and graduated from Stanford University in 1985 with a bachelor’s degree in political science. Since 1997 he has been married to Janine Jackson, FAIR’s program director.

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Law and Disorder July 21, 2014


Updates:

  • Swedish Judge Denies Assange Lawyers Request To Set Aside 2010 Arrest Warrant On Sexual Misconduct Allegations
  • Torture Memo Author John Yoo Awarded Endowed Faculty Chair At University of California Berkeley School Of Law
  • Michael Ratner: The Trial of Donald Rumsfeld

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Israel’s Continued Disproportionate Use Of Force Against Palestinian Civilians

In a slow escalation of violence in the Gaza Strip, the Israeli Army responded earlier this month by launching “Operation Protective Edge” as Israeli jets dropped hundreds of bombs on the impoverished coastal enclave of nearly 2 million Palestinians. At this time, more than 200 Palestinians have been killed and more than 1400 injured. According to the United Nations, 77 percent of those killed are civilians and yet the massacre sadly continues. The vicious attacks are framed as a mutual conflict or exchange of fire. The reality is that the low quality rockets hitting Israel are not comparable to Israel’s powerful military strikes.

Phil Weiss:

  • In a nutshell I think Israel is trying to destroy the unification agreement between Hamas and Fatah. They don’t want diplomacy they want to end that unification deal.
  • It’s a great danger to Israel that the Palestinians are united, they want them divided.
  • They’ve used any pretext they can in the last month including the horrifying abduction and killing of these Israeli teens on the West Bank. They’ve used any pretext they can to break up, to try to break up that understanding.
  • The goals of a unified Palestinian government are to achieve some type of Palestinian freedom.
  • They would go on to International Criminal Court, International bodies and say hey, this occupation has been going on nearly 50 years . .. are you finally going to give us a state, sovereignty? If we can’t get sovereignty we’ll move to an equal rights struggle. .
  • I think the good thing that they show is there’s no green line. Israel operates with impunity, with complete autonomy all over historic Palestine. Netanyahu has said we’re never giving up the West Bank. It’s sort of an announcement to the world, this is one state.
  • The legal response and the one you demonstrated (Michael Ratner) against Cast Lead was this is Internationa Humanitarian Law and Human Rights law apply here and Israel should be brought up before International bodies for violating those laws.
  • The one form of progress is there’s no ground invasion this time. (this is what he thought at the time)
  • Michael Ratner, you and I have a somewhat different relationship to the mainstream press in that I used to be part of it and now and then I have fantasies of getting back in.
  • With that proviso, I think there has been a little bit of progress in the mainstream so you have on NBC news, you have words opening that report saying these people are trapped, they have no where to go and its a lopsided conflict.  I didn’t hear that around Cast Lead.
  • I’m not trying to defend the mainstream so much to say that I feel that there is some real shift going on.
  • Michael Ratner: Here’s a question about half-full. Do you want me to call the family that lost 17 kids in the same household in Gaza? That’s not half-full. That’s empty.
  • You’re putting me in the position of saying what I’m about to say which is the slaughter of 200 people is different from the slaughter of 500 people.
  • Michael Ratner: We’re still counting Phil.
  • The Jewish American community is highly responsible for this behavior, for this conduct that’s going on there.
  • How useful was that aircraft carrier (Israel) when we were occupying Iraq and we were invading Afghanistan? It wasn’t at all useful to us.
  • I think its a burden (Israel) I think it’s a millstone around our necks because it says the United States stance is slaughtering brown people.
  • You look at J Street, this great liberal Zionist organization. They’re justifying everything Israel is doing now.
  • There’s only a couple of Jewish organizations that stood up and said this is wrong. Jewish Voices For Peace and Jews Say No.
  • I think there’s an implicit understanding around the world now about why these people are firing rockets.
  • One of things you hear in Israel is the existential threat, in that people are delegitimizing us and I think that’s great news.
  • I see more voices talking about this conduct as just beyond the pale. I feel that the world is regarding this as a central human rights issue.

Guest – Philip Weiss,  founder of Mondoweiss, longtime journalist and regular contributor to the Nation and a fellow at the Nation Institute.  Philip is the author of two books a political novel, Cock-A-Doodle-Doo, and American Taboo, an investigative account of a 1976 murder in the Peace Corps in the Kingdom of Tonga.  Weiss is one of the editors of The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict.

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Andrew Kadi:

  • I don’t necessarily know that Israel has any real goals that will benefit Israeli society other than possibly the ethnic cleansing of Palestinians in Gaza, forcing them to move out.
  • They’re leaving Gazans in deplorable conditions. They have unilaterally absolved themselves of their legal obligation under International law to the population in Gaza and have instead declared something that I think nobody else recognizes that Gaza is somehow a hostile territory or an enemy territory.
  • It’s counter-productive if your belief that the goal or the end goal for the Israeli government is peace.
  • The majority of these rocket attacks are pretty small projectiles as anyone who has seen them knows has no chance of actually injuring anyone or causing damage. Some of them are as small as a Coke can.
  • Hamas has deployed larger rockets in last 4 years that can fire through a building. ‘
  • By and large these attacks are being carried out by other groups round the clock. The ones that Israel is referring to are usually other groups that have nothing to do with Hamas.
  • I would say the rocket attacks are a cry for help from Gaza.
  • In the end, Gazans are isolated, there’s a siege, a blockade that Israel’s carrying out. I think that Gazans don’t want to be subject to it anymore.
  • They want to be able to live like any other population.
  • The American Foreign Services committee published a list of American companies directly involved and complicit in the attacks on Gaza.
  • Those companies include Boeing, Hewlitt Packard, Elbit Systems, Lockheed Martin, General Dynamics, General Electric, Northrup Grumman, Raytheon.
  • In 2005, Palestinian civil society called for a Boycott, Divestment and Sanctions against Israel until it complies with the 3 tenets of International law.
  • The end of the occupation, equality for the Palestinian citizens of Israel and the right of refugees to return to their homes.
  • Other companies that folks can boycott, Sodastream, Ahava cosmetics, Strauss Group, Osem – Tribe Hummus, Sibeon Company.

Guest - Andrew Kadi, a human rights activist and digital media specialist currently serving on the Steering Committee of the US Campaign to End the Israeli Occupation. He’s contributed to the Guardian’s Comment is Free, The Electronic Intifada, Mondoweiss, Left Turn and other publications.

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Law and Disorder July 14, 2014


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Campaign Demanding Proper Health Care For Incarcerated COINTELPRO Target Imam Jamil Al-Amin (H. Rap Brown)

A campaign was recently launched demanding immediate health care for political prisoner Imam Jamil Al-Amin, formerly known as H. Rap Brown. Once the chairperson of the Student Nonviolent Coordinating Committee and minister of justice for the Black Panther Party, Al-Amin was one of the original four targets of the FBI’s infamous COINTELPRO. Now 70 years old, he has been held in a federal prison at Florence, Colorado since 2006 where he is serving a life sentence for what many claim was the wrongful conviction in 2002 for shooting two deputy sheriffs. At the time, four leading Muslim organizations – CAIR, the AMC, ISNA and the Muslim American Society – issued a joint statement: “The charges against Imam Jamil are especially troubling because they are inconsistent with what is known of his moral character and past behavior as a Muslim.”

Al-Amin has multiple health issues have rapidly accelerated, including dental problems, a swollen jaw, broken teeth and swollen legs, ankles and feet, and has lost 30 pounds in just a few weeks, likely the result of recently-diagnosed cancer. Recently, former U.S. Attorney General Ramsey Clark visited Al-Amin.

Attorney Karima Al-Almin:

  • I met Jamil on July 1st 1967. I had graduated from college and started a job on that day. He walked into the job where I was to see someone who he was staying with.
  • At that time he was under house arrest and he could only stay in the borough of Manhattan, the Bronx and then William Kunstler’s house up there in Westchester county.
  • He invited me to go to lunch. The lunch was with Louis Farrakhan. So I met him on the same day, we joke about that but I married Jamil.
  • In May of 1967 he was elected chairperson of SNCC Student Nonviolent Coordinating Committee.
  • Based on the fact that he didn’t appear for trial in Maryland for inciting to riot charge which was later dismissed, he was put on the 10 most wanted list in May 1970.
  • For 19 months he was being sought and not found but then he was found and capture in October 1971. He was attempting to clean up New York City’s drug problem.
  • There was an H. Rap Brown Anti-Dope Campaign. As a result he was captured in what was labeled as an “armed robbery.” He did go to trial and William Kunstler and Howard Moore defended him.
  • He was given a sentence of 5-15 years. He served 5 years in the New York State prison system and then he got out in 1976.
  • After getting out in October 1976 he can come to Atlanta where I had moved.
  • He spent years, establishing a Muslim community again cleaning up the neighborhood making it safe for families and children.
  • In May of 1999 he was stopped which ended up being an illegal stop outside of Atlanta city limits. He was charged with driving a stolen car which he did not know about.
  • In January of 2000 he was given a date to appear in court on those charges there was a storm and it was postponed. He didn’t know he was supposed to return and a warrant was issued in March 2000. That’s when the incident happened.
  • A Fulton County deputy was killed and one was shot and then we had the trial in 2002. There were so many problems with the trial. There were so many constitutional violations during the trial. As a result he was found guilty in March 2002 and given a life sentence without the possibility of parole.
  • Georgia in 2003 tried to get him transferred and held in a federal facility, but it didn’t come to happen until July 2007. They were moving him based on his popularity.
  • Georgia (the state of) is paying a per diem to the Federal Bureau of Prisons for him to be housed.
  • It goes back to what he thought was a dental problem about a year and a half ago. He developed abscesses. He was unable to get out of bed.
  • A petition has already been sent to President Obama, Eric Holder and Charles Samuels.
  • Call ADMAX – 719-784-9464.
  • Create an email and fax flood. Email FLM/execassistant@bop.gov or use the form at http://www.bop.gov/inmates/concerns.jsp (location Florence ADMAX USP). Fax 719-784-5290. Jamil Al-Amin, #99974555
  • He dared to step out when he was 23 years old to speak out about injustices and make a difference.

Guest – Attorney Karima Al-Amin is an attorney at law and the wife of political prisoner Imam Jamil Abdullah Al-Amin. In addition to her private practice, Mrs. Al-Amin continues to work with attorneys in appealing her husband’s conviction and in working on his civil lawsuits challenging First Amendment and religious violations. Mrs. Al-Amin is a member of several legal and community organizations, including the American Immigration Lawyers Association (AILA), the Clarkston Business Association, and the Georgia Association of Muslim Lawyers (GAML).

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US Attorney General Ramsey Clark:

  • I met first through FBI memos, a stack that reached floor to ceiling. He had a wonderful talent to irritate the FBI.
  • The country needs that sort of skill. So I got a lot of memos before I even met him.
  • He committed the supreme offense in the hierarchy of offenses of the FBI that is he embarrassed the bureau by making them look foolish cause they couldn’t catch him.
  • The legal staff were cheering him on. He made our day with narrow escapes. After this Congress enacted this absurd statute in his honor that shows he was a productive citizen concerned for our welfare.
  • He’s big strong tall guy and he has to duck under that door on the other side of that glass that you meet him through, he looked smaller.
  • Usually his energy level is very high. His energy level is way down, he looked frail in spite of his large frame.
  • Went back Sunday and his condition was the same, confirmed. He’s got a real health problem that needs to be addressed.
  • I think ideally he’d go to the Mayo Clinic first, get the thorough work up and diagnosis and everything. If its going to be long range treatment get him over to North Carolina.
  • The main thing is he needs the help of caring people from all over the country. We have to organize that to pressure the United States to do the only moral thing.

Guest – Ramsey Clark, former Attorney General of the United States, under President Lyndon B. Johnson. The first Attorney General at the Justice Department to call for the elimination of the death penalty and all electronic surveillance. After he left the Johnson administration, he became a vociferous critic of the Vietnam War and continued on a radical path, defending the underdog, defending the rights of people worldwide, from Palestinians to Iraqis, to anyone who found themselves at the repressive end of government action.

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U.S. Government To Prosecute 67-year-old Palestinian-American Rasmea Odeh

In the fall of 2013, the Department of Homeland Security arrested Rasmea Odeh, a 67 year old Palestinian American community activitist and teacher in her Chicago home for failing to disclose a 1969 conviction in an Israeli military court. She was charged with unlawful procurement of naturalization. Odeh had allegedly failed to disclose her time in an Israeli prison 45 years ago. In 1969 Rasmea Odeh, her father and fiancee were brutally tortured in an Israel relating to a bombing at a Jerusalem supermarket. Israel extracted a confession from Odeh, and she spent 10 years in an Israeli prison where she was tortured and sexually assaulted.

Odeh is Associate Director of the Arab American Action Network and leader of that group’s Arab Women’s Committee. The events bring together disenfranchised women, mostly recent immigrants, from Arabic-speaking countries. Odeh is scheduled for trial at a Detroit Federal court in September. If convicted she could be imprisoned, have her citizenship revoked and be deported.  Human rights campaigners in the United States are calling on the Obama administration to drop charges against Rasmea Odeh, a Palestinian-American community organizer in Chicago who is accused of lying on a citizenship application two decades ago.

Attorney Michael Deutsch:

  • She was arrested Israel military and secret police in February of 1969. Her family, her father and two sisters were also arrested, taken out of the house in the middle of the night.
  • She was then transported by herself to a prison in Ramallah. On the way she was brutally beaten, when she arrived at the prison she was beaten again to the point where her whole body turned black.
  • She was then transferred to another prison which is called the Russian compound which is in the West Jerusalem.
  • There she was horrifically beaten subject to electronic torture, alligator clips to her breasts and genitals.
  • Prisoners and soldiers came into her room, she was raped repeatedly. She was raped with sticks. She was denied food, denied sleep, this went on for 45 days until she gave in and confessed.
  • Her father was brought in a room with her and they said her father was going to rape her. Her father of course refused and they beat her father to the point of unconsciousness and they dragged him out.
  • She was accused of being involved in two bombings one at a British counsel and one at an Israeli grocery store.
  • When she was brought into an alleged court, which was a military court run by soldiers, she renounced her confession and said that she was innocent. That was ignored and she was convicted of these bombings and being a member of an illegal organization and given a life sentence.
  • Ultimately in 1979, she was traded with 70 other Palestinian prisoners for the return of an Israeli soldier where she was taken to Syria, then Lebanon then to Jordan where she lived til 1994. She obtained a VISA to come to the United States.
  • Basically for almost the following ten years she’s been working as a community activist in Chicago particularly with the Arab-American Action Network.
  • In 2010 there were all these raids by the FBI toward anti-war activists and the executive director of the AAAN. He was subpoenaed to a grand jury after the FBI raided his home and took all his papers.
  • They claim that he was providing material support for the PFLP and as a result the whole AAAN was put under investigation and the grand jury subpoenaed all the documents of the organization.
  • As a result of this investigation into the AAAN, the US attorney in Chicago sent word to Washington that they wanted to get Rasmea’s files from Israel.
  • In a year or two years they got the records or alleged to be her records of arrest, conviction and sentence by the Israeli military court.
  • I don’t believe a conviction or arrest by the IDF and a conviction by an Israeli military tribunal is consistent with International Law, fundamental fairness or due process.
  • One of the things were going to say is that the conviction and arrest can’t be given any kind of credit in a U.S. courtroom because its fundamentally unfair and shouldn’t be considered.
  • The question is whether she answered those questions with an intent to falsely procure her naturalization.
  • I would add the judge in this case has been a fervent supporter of Israel since the 50s.
  • The Israeli tribunals are not only based on torture but illegal occupation. They invade a people’s land and set up these military courts.
  • The question in my mind in Rasmea’s trial is how are they going to keep out the issue of torture? Which is want they’re going to want to do.
  • To support Rasmea Odeh, contact the Arab-American Action Network
  • CCR Statement

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

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Law and Disorder July 7, 2014


Updates

  • Chilean Court Finds American Journalist Charles Horman Was Murdered With Help of US Government – CCR Case
  • Appeals Court Rules Victims of Torture at Abu Ghraib May Sue Private Military Contractor CACI  Al-Shimari v. CACI
  • Happy Birthday To Julian Assange From Law and Disorder Hosts
  • Hobby Lobby: Continued Attack On Women’s Reproductive Rights
  • The Meaning of the Fourth of July For the Negro By Frederick Douglas

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hosts-laila1 al-arian_sami_nahla1

Federal Court Dismisses All Charges Against Dr. Sami al-Arian

In very good news last week the US Department of Justice dropped all of its criminal charges prosecutions etc of activist and Palestinian professor Sami Al Arian. They’ve been trying to persecute, charge him etc. for over 11 years. The case began in 2003 as a criminal case. Although he was charged with some 14 counts he was convicted of none. Rather than face trial again Al-Arian pled guilty to one count served some time and most of us thought it was over by then. He had an agreement that he couldn’t be further prosecuted, that they wouldn’t go after him any longer but that he could be deported. Unfortunately the Department of Justice had a what you would have to call an Islamophobic vendetta against Sami Al Arian. They went after him again, first with the civil contempt of a grand jury he did time for that and in then something utterly unusual they charged him with criminal contempt. The criminal contempt case was pending for five years finally, last week the Department of Justice, the prosecutors dismissed that case.

 Laila Al-Arian:

  • We’re feeling a sense of relief that this nightmare appears to be coming to an end.
  • We’re happy to hear about the government dismissing the charges against my father.
  • In a way it’s vindication for my father, we said in the very beginning. It’s been 11 years. We said all along this is a political case.
  • If my father truly were a criminal, they would try their utmost to keep him in prison. Not to say political prisoners aren’t often arrested unjustly, tried and imprisoned but we’re hoping that this finally means this saga will end and my father can live as a free man.
  • What preceded it (2003 indictment) was really a decade of harassment. The FBI basically tapping our phone calls, not just my father’s but siblings and I as well. When you think of the Snowden disclosures and the NSA spying on people, for us this is a reality.
  • We had no sense of privacy growing up. Simply because my father was a Palestinian activist who dared to challenged the common narrative that you normally hear in the United States.
  • Because he really dared to offer a different perspective and to try to help people being subjugated and occupied, so because of that he became a target, not only of the FBI but really powerful pro-Israel voices and forces here in the U.S who tried to smear his name for many many years, accused him of being a terrorist.
  • That was part of it, because he was an advocate on Palestinian human rights but also because he was a person who really thought to involve American Muslims politically.
  • A lot of these forces I mentioned after 9-11, they really exploited the atmosphere with fear and hysteria and tried to paint my father as this menacing figure, as a terrorist, and at time when the Bush Administration should have been working with American Muslim leaders and try to build a bridge between east and west. Instead the targeted my father and tried to make an example out of him, to say that if you dare to speak out this is what will happen to you.
  • He ended up being arrested in 2003 and placed in some of the most atrocious and inhumane conditions that even Amnesty International condemned and was held basically for 2 and a half years before he was basically put on trial.
  • The trial lasted for six months, the government spent millions and millions of dollars on the case. They even flew in witnesses from Israel to testify about things my father had nothing to do with.
  • After months of negotiations my father signed a plea agreement to end his case once and for all.  The government ended up violating the key agreement and basically a prosecutor here in Virginia on ended up at bringing him here and trying to basically retry the Florida case despite the agreement and tried to get him to testify in another case against a Muslim think tank in Virginia and when he refused to testify for the violation of the pre-agreement he was held first on civil contempt and then charged criminal contempt.
  • It was very clear that the true intent of this Islamophobic and pro-Israel prosecutor Gordon Kromberg is to retry the Florida case in Virginia, basically pretending it was another case when all of the questions had to do with the Florida case.
  • Then the judge received a couple of motions from my father’s attorneys asking to fully dismiss the case and there were no rulings in the past few years by the judge and finally the government decided to drop the charges.
  • Luckily in the fall of 2008, my father was released on bail. He was released on house arrest.
  • It’s really a testament that there is no case. The think tank that was investigated by Kromberg wasn’t charged for a single crime. They convened one grand jury after another and there were never any charges, any indictment.
  • My father was a professor at the University of South Florida, a professor of computer engineering when he was arrested. It’s a very complicated case, as we mentioned stretches over a decade. It’s a case that actually outlasted the Iraq War.
  • The next step is in the plea agreement my father unfortunately at the time his back was against the wall, he did end up agreeing to deportation, so now we expect that he will be deported. But as a stateless Palestinian, we don’t know where he’ll be deported.
  • My father’s trial attorneys were Bill Moffet and Linda Moreno.

Guest – Laila Al-Arian,  a writer and producer for Al Jazeera English. She helped produce the network’s Palestine Papers special in January 2011, a four-day program on the largest diplomatic leak in the history of the Palestinian-Israeli conflict. She is the co-author of Collateral Damage: America’s War Against Iraqi Civilians She is the daughter of Professor Sami Al-Arian.

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Map-of-Right-to-Work-States1 harrisvquinn1
Supreme Court Delivers Blow to Organized Labor

Last week the United States Supreme Court decided on the case Harris v. Quinn ruling that some government employees didn’t have to pay any fees to the unions representing them. The case was brought by 8 Illinois workers who provided home care to Medicaid recipients. Some of the plaintiffs were mothers who were personal assistants to their disabled children and opposed joining the union.  In a 5-4 majority, Justice Samuel Alito Jr.concluded there was type of government employee called a partial public employee who can opt out of joining a union and not be required to pay union fees.

Labor Attorney Bill Herbert:

  • Harris versus Quinn I what the ramifications of it while the court held that the majority held that a statute in in Illinois that provided for requiring employees in a bargaining unit to pay agency fee to union was unconstitutional and therefore struck down a provision of a contract that require those employees to pay a fee for being represented by the union.
  • These are domestic workers who work for people who are ill and who but also that their salaries and the benefits are paid for by the state.
  • These are public employees defined by state law as public employees but it is a background in the National Labor Relations Act which is the Wagner act which was past in 1935 specifically exempts domestic workers in farmworkers from representational rights. These employees if they were just hired by someone to come to their home would not have any rights under the National Labor Relations Act.
  • In 1947 Taft-Hartley was passed, Taft-Hartley allows for states to pass laws which are called right to work laws or referred to as right to work laws.
  • A state can prohibit a contract to provide that people who decide not to join the union still have to pay a fee related to the representation.
  • For public employees there was a case decided in 1977 called Abood which came out of Detroit. In 1977 case public employees it was found  constitutional to establish a procedure where people were not members of the public sector union still have to pay a fee for the representational rights that’s negotiations etc. but don’t have to pay for what is sometimes is ideological work which would be in a political activity such as supporting candidates etc. 
  • There was a procedure created where people can object and they can go in and raise issues and seek to have only monies relevant to collective-bargaining be a part of their fee, so that was Abood.
  • The heart of wages and benefits are something that are set by the state. It’s called joint employer relationship.
  • The court in the Harris v. Quinn case ruled that its unconstitutional for these employees to be required to pay a fee for the benefits they received based on the representation provided by the union.
  • It’s interesting to compare this to Citizens United. In Citizens United, shareholders who are opposed to what a corporation may spend in terms of money for political action in terms of supporting candidates, had no say.
  • The Supreme Court found that in Citizens United the First Amendment gives corporations First Amendment rights and the share holders have no say.
  • In this case the Supreme Court held that these employees don’t have to pay anything for being represented by the union in collective bargaining for the state.
  • Domestic workers are usually low wage employees, very high turn over, people who are generally receiving the low end of the pay scale.
  • What we’re looking at is constitutionalizing this concept which was previously statutory in the private sector and making it such that other statues around the country where states have intervened in providing for representational rights for people excluded from the National Labor Relations Act.
  • These other statutes may now be challenged based on this ground and in the future it’s based on language of the decision. It’s conceivable that this case could at least the verbiage in the majority decision which Justice Kagan referred to is good to as gratuitous dicta about Abood decision and why was wrongfully decided is something then they come back to be utilized in future cases in future challenges against the requiring union members of bargaining you do not union members to pay a fee.
  • In Illinois and in other states domestic workers have been working in the doing a lot of work towards organizing to provide the collective bargaining but for example in New York they don’t have the right to collectively bargain nor farmworkers in other states both farmworkers and domestic workers have rights to unionize.
  • These kind of this decision where depending on the structure that the state’s designs could be subject to build the other statues they subject to challenge legally.
  • One of the ironies in this case is that one of the reasons why these agency fee arrangements have been states have put them into place is to create stability within bargaining is not having multiple unions trying to come in and and try to organize employees or having conflicts between members who are paying for the services against people who are not paying so the legislatures when they pass in Illinois for example they when they passed the statute were seeking to provide stability  in the workplace.  Most “Right to Work” states are in the South.
  • The current time is being described as the new Gilded Age and new Gilded Age is about wage disparity but is also other things including job security and issues involving the pensions.
  • Tenure is under attack pensions are under attack and now there’s an attack upon the idea of having to pay representative to provide you with with representation. A lot of the initiatives that have been enacted in the 20th century are being stripped away and it’s being tied with basically the new Gilded Age.
  • The good news of the decision was that Abood was not overturned.

Guest – William A. Herbert is a Distinguished Lecturer at Hunter College, City University of New York and a former Deputy Chair and Counsel to the New York State Public Employment Relations Board (PERB).  Prior to his tenure at PERB, Bill practiced labor and employment law in federal and state courts, administrative agencies and in arbitration. Bill is one of the editors of the treatise Public Sector Labor and Employment Law, Third Edition and he has written and spoken extensively on public sector labor law and history.

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