Law and Disorder June 30, 2008 [57:40m]: Play Now | Play in Popup | Download

Updates:

• House Approves Unconstitutional Surveillance Legislation
• The Late George Carlin and WBAI
• John Yoo, David Addington Stonewall Congress
• CCR Attorneys File First New Habeas Petitions
• UK: Surveillance Onslaught is Creepy

The Framing of Mumia Abu Jamal by J.Patrick O’Connor

J.Patrick O’Connor delivers a powerful interview for the full program. O’Connor lays out the case based on his in-depth research that Mumia Abu Jamal was framed. O’Connor argues that the former black panther journalist did not shoot Philadelphia police officer Daniel Faulkner. The real shooter says O’Connor, was Kenneth Freeman a business partner of Mumia’s brother. Freeman, was found dead in 1985, bound and cuffed in a Philadelphia parking lot after a massive police raid on the counter-culture group MOVE.

One review writes: “In this account of the trial of controversial death row inmate Mumia Abu-Jamal, O’Connor, editor and publisher of crimemagazine.com, clearly lays out his case that Abu-Jamal should receive at least a new trial, if not complete exoneration. O’Connor asserts that Abu-Jamal was framed for the 1981 murder of police officer Daniel Faulkner because of a vendetta by Philadelphia mayor Frank Rizzo and the police due to Abu-Jamal’s defense, as a journalist, of the group MOVE.

Review excerpt by Linn Washington Jr : Carefully citing trial proceedings, O’Connor book lists odious instances of wrongdoing by police prosecutors - accomplished with judicial complicity.

“From the beginning of this case, it was corrupt. It was a railroad job,” O’Connor said recently during a reading/book signing at a small venue on Baltimore Ave in West Philadelphia sponsored by the organization, Journalists for Abu-Jamal. “I wrote the book to show not only that Mumia did not kill Officer Faulkner but to show how and why they framed Mumia,” said O’Connor who lived in the Philadelphia area at the time of the brutal December 1981 crime at the heart of this controversial case.

Guest - J. Patrick O’Connor, editor and publisher of Crime Magazine. He has worked as a reporter for UPI, editor of Cincinnati Magazine, associate editor of TV Guide, and editor and publisher of the Kansas City New Times.

Can the Media Continue to Ignore “The Framing of Mumia Abu-Jamal”?

 

 Law and Disorder April 14, 2008 [55:38m]: Play Now | Play in Popup | Download

Hosts Update

• Mumia Abu Jamal Ruling
• Indecency Law in Indiana
• Lawyers Move To Get Torture Memo Author Yoo Tried As War Criminal

  In a press release, National Lawyers Guild President Marjorie Cohn stated:

  “John Yoo’s complicity in establishing the policy that led to the torture of prisoners constitutes a war crime under the US War Crimes Act,”

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An Innocent Man In Guantanamo: Five Years of My Life

Today we hear excerpts from the event An Innocent Man In Guantanamo: Five Years of My Life. That’s the title of the memoirs recently released by Murat Kurnaz who was detained at Guantanamo for five years. Kurnaz is a Turkish citizen and legal resident of Germany, he traveled to Pakistan to learn more about his Muslim faith and was later arrested at a checkpoint, handed to the United States and eventually taken to Guantanamo Bay, Cuba. We hear part 1 of a 3 part series from this discussion.

The event presented by Friends of the Library, brought together a panel of lawyers from the U.S. and Germany who fought for Murat’s release and a Guantanamo chaplain who was accused of espionage and imprisoned. The panel was moderated by our own Michael Ratner. Speakers include:

• Baher Azmy - Professor at Seton Hall Law School, where he directs a civil rights clinic and teaches constitutional law. His litigation work on national security and human rights cases emerging from the “war on terror” include lawfulness of extraordinary rendition, torture and indefinite executive detention. In July 2004, Azmy began representation of Murat Kurnaz imprisoned in Guantanamo Bay until his release in August 2006.
• Bernhard Docke - a lawyer since 1983, specializes in criminal law, since 1989 partner of the law firm “Dr. Heinrich Hannover und Partner” in Bremen, Germany. He has been a lawyer for Mr. Kurnaz since 2002.
• Wallace Shawn - an Obie-winning playwright and a stage and screen actor. His plays include The Designated Mourner, Marie and Bruce, The Fever, and Aunt Dan and Lemon. He co-wrote and starred in the art-house classic My Dinner with Andre and he also performed in numerous Woody Allen films including Manhattan and Radio Days. Our Late Night and a Thought in Three Parts: Two Plays will be published in Spring 2008.
• James Yee - the former US Army Muslim Chaplain of Guantanamo Bay. His book, For God And Country, Faith and Patriotism Under Fire, tells the story about being wrongly accused of espionage and imprisoned by the U.S. military. In 2004, the government dropped all charges against him and he received an honorable discharge from the U.S. Army.
• Phillipe Sands - an international lawyer and a professor of law at University College London. He is the author of Lawless World and is frequently a commentator on news and current affairs programs including CNN, MSNBC and BBC World Service. Sands has been involved in many international cases, including the World Court trial of Slobodan Milosevic and the treatment of British detainees at Guantanamo Bay. His article in Vanity Fair “The Green Light,” looks at how high level members of the Bush administration pressured underlings to use torture tactics at Guantanamo. He is also the author of Torture Team: Rumsfeld’s Memo and the Betrayal of American Values.

Music at Break: Patti Smith - Without Chains

 

 Law and Disorder April 4, 2008 [57:57m]: Play Now | Play in Popup | Download

Please Help Stop the Execution of Troy Anthony Davis

Today on Law and Disorder we update listeners on the death row case of Troy Anthony Davis. Since our last July report on the case, Davis had a 90 day stay of execution and now on March 17, this year, the Georgia Supreme Court decided 4-3 to deny a new trial for Troy Anthony Davis, despite significant concerns regarding his innocence. Troy Davis was initially sentenced to death in Georgia, for the murder of a police officer. The case against him was built almost entirely of witness testimonies that were full of inconsistencies, even at the time of trial.

Amnesty International Report: Where is the Justice for Me (pdf)

Again, there is no physical evidence linking Troy Davis to the crime and no murder weapon has ever been found. Troy Davis was convicted of murder solely on the basis of witness testimony, and seven of the nine non-police witnesses have since recanted or changed their testimony, several citing police coercion. Others have signed affidavits implicating one of the remaining two witnesses as the actual killer.

Guest : Martina Corriea, Troy’s sister, who has been very active in fighting for justice in her brother’s case.

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The Arrival of the American Police State - Left Forum 2008

“However narrow and restricitive American bourgeois democracy was before 9/11, it’s jridical and institutional underpinnings have been transformed by the Bush Administration (with the complicity of the Democratic Party) intor what can now most accurately be described as a police state.”

We hear from C. Clark Kissenger, long time activist, creator of the Not In Our Name project.

Watch and listen to entire Left Forum panel here

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Deepening Economic Crisis: What Laws Are In Place To Protect Against Economic Fleecing of the United States?

Two million families are on the brink of foreclosure, tent cities pop up along US city outskirts, and as UK press declare “depression” in the United States, we talk with Max Fraad Wolff , instructor at the Graduate Program in International Affairs, New School University. The media has reported that millions of US families took out loans to big for their incomes and were foreclosed, but hosts look at The Glass Steagall Act, mortgage sharking and banking predators.

Max is a freelance researcher, strategist, and writer in the areas of international finance and macroeconomics. His work can be seen at the Huffington Post, TheAsia Times, Prudent Bear, and many other outlets.

 

 Law and Disorder Dec.31, 2007 [58:33m]: Play Now | Play in Popup | Download

On this last day of 2007, Law and Disorder will look at the stories that have taken civil liberties in this country many steps in the wrong direction. We start with the question of impeachment, what happened, why it stalled, we’ll look at damaging supreme court decisions and draconian legislation that took large bite out of the right to free speech and dissent in this country.

We begin by checking in with John Nirenberg, he’s marching from Boston to Washington DC. His goal, to walk 485 miles to deliver his message of impeachment to Nancy Pelosi. Nirenberg explains to hosts how after reading The Lucifer Effect: Understanding How Good People Turn Evil. One slogan from www.marchinmyname.org reads. . . “when voting isn’t enough, when letter writing isn’t enough, when signing petitions isn’t enough, when outrage isn’t enough.”

Guest - John Nirenberg former Professor of Organizational Behavior. He started his career as a Social Studies and American History teacher.

Impeachment?

Hosts discuss the “magnificent failure on impeachment followed by the continued approval for war funding in Iraq and Afghanistan and connect it with the Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq.

Co-host Michael Ratner enumerates several key stories of torture in 2007, including the destruction of the CIA videotapes, the Mahar Arar case, and the confirmation of Attorney General Michael Mukasey who says he’s not certain if water-boarding is torture.

Law and Disorder hosts then talk about the recent Supreme Court arguments regarding the remaining Guantanamo Bay Cuba detainees and the horrible failure to restore habeas corpus. This case may determine once and for all whether there is a constitutional right to habeas corpus - that is, a fair hearing before a real court - for everyone detained by the U.S. government at Guantánamo.

Increases in surveillance powers were also on the list of wrong-turn stories this year, co-host Heidi Boghosian points out the legislation that extends the Foreign Intelligence Surveillance Act. In the wake of Congress approving a dramatic expansion of U.S. warrant-less wiretapping powers, the Center for Constitutional Rights has argued that the NSA’s program is unconstitutional and should be struck down. The argument in CCR v. Bush comes after Congress and the Bush administration passed the Protect America Act of 2007 which broadly expands the government’s power to spy on Americans without getting court approval.

Hosts also examine the Violent Radicalization and Homegrown Terrorism Prevention Act. Legislation that appears an effort to re-create the House Committee on Un-American Activities, which was a standing commission in the fifties and sixties to root out “un-American” ideas among political activists. This, with the John Warner National Defense Authorization Act for FY 2007 is key to installing the police state apparatus and declaring martial law.

The New Supreme Court: The Trifecta 2007

• The 5-4 ruling that race cannot be a factor in the assignment of children to public schools. Free speech not an option for students regarding (Bong Hits For Jesus).
• Campaign Finance Reform - The Supreme Court has thrown out part of the McCain-Feingold campaign finance law that placed restrictions on corporations and unions from buying television ads close to elections
• The citizens’ ability to challenge government violations of the separation of church and state, Hein v. Freedom from Religion Foundation 5-4, the Justices ruled that taxpayers do not have standing to challenge the White House program on federal aid to faith-based organizations.
• On a lighter note, Supreme Court justices overturned a U.S. appeals court ruling that judges cannot hand down a lighter punishment because they disagree with wide disparities for crack and powder cocaine sentences. Blacks account for about 80 percent of the federal crack cocaine convictions.

Michael Ratner’s Acceptance Speech

We end this year-end program with an acceptance speech delivered by co-host, attorney, author and Center for Constitutional Rights President Michael Ratner. Michael received the 2007 Puffin/Nation Prize for Creative Citizenship.

“One of the country’s foremost defenders of human rights and civil liberties, Michael Ratner has led the fight to demand due process for Guantánamo detainees, adequate safeguards against intrusive government surveillance, and an end to torture and extraordinary rendition.”

 

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Law and Disorder Update

Co-hosts Michael Ratner and Heidi Boghosian discuss recent key votes in Congress on the Iraq war, warrant-less electronic surveillance and lethal injection.

Enemy Combatant Doctrine

In a recent essay A System of Wholesale Denial of Rights published in the Monthly Review, Research Professor of Law, Michael Tigar describes how the term enemy combatant was created through the rulings in the anti-terrorist case Padilla v. Rumsfeld and the implications for civil liberties and human rights in the United States. Implications that support a system whereby the president can lock up anyone he chooses and never have to explain why to a court.

The Bush Administration has taken the language from those in favor of slavery and oppression of Native Americans. Instead of prisoner, instead defendant, instead of person they create a category of enemy combatant. (Non-People - Invoking the characterization of someone not entitled to claim justice.) Tigar says this is a tactic of repressive governments. Tigar says, the term enemy combatant doesn’t exist in the Constitution or within International Law, therefore enemy combatants have no rights, are denied access to courts and fall under military regime.

Michael Tigar in his article points out the historic parallels such as the Dred Scott case, Japanese internment and the Cherokee Nation. Frederick Douglas and several anti-slavery people thought that it would be possible to make an argument that slavery so violated the norms of the constitution that it had to be illegal everywhere. The Cherokee Nation, says Tigar was classified as “subject people.” Subject People is not found in Article 3 in the Constitution. Therefore, “subject people” are not entitled to sue in federal courts.

Michael Tigar is a Research Professor of Law at Washington College of Law at American University in Washington, D.C., where he teaches Federal Courts, International Human Rights, and Criminal Law. Tigar argued seven cases in front of the US Supreme court, he’s represented many controversial clients since then such as Angela Davis, Terry Nichols, Lynne Stewart and members of the Chicago Seven. He is the author of the recent book, Thinking About Terrorism: The Threat To Civil Liberties in a Time Of National Emergency.

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40th Anniversary of Ernesto Guevara de la Serna Murder

We mark the 40th anniversary of Che Guevara’s murder. He was captured in Bolivia during a military operation supported by the CIA and the U.S. Army Special Forces. Guevara was summarily executed by the Bolivian Army in the town of La Higuera near Vallegrande on October 9, 1967.

Guest - author and professor John Tito Gerassi, about Che Guevara’s influence. Gerassi describes how he was poisoned by the CIA while dining with Fidel Castro and about his guerilla training with Che.

Gerassi currently teaches at Queens College of the City University of New York. Gerassi, born in France in 1931, is the author many books including the Great Fear in Latin America and The Premature Antifascists, the only authorized biography of Jean Paul Sarte.

Che photos by redredpei - flickr

 

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Troy Anthony Davis Update: 90 Days Stay of Execution

The Georgia State Board of Pardons and Paroles granted a 90-day stay of execution to Troy Davis. On July 16, less than 24 hours before Troy Davis was scheduled to be executed in Georgia, the state Board of Pardons and Paroles issued a stay of execution, to be not longer than 90 days, “for the purpose of evaluating and analyzing” the information submitted to it during the clemency hearing earlier in the day. Act today to ensure that the the Georgia State Board of Pardons and Paroles grants Troy clemency!

Fax your message to: State Board of Pardons & Paroles - 404-651-8502.

Troy Davis was sentenced to death in Georgia, for the murder of a police officer. The case against him consisted entirely of witness testimonies that were full of inconsistencies, even at the time of trial. Since then, all but two of the states’ nine non-police witnesses from the trial have recanted their testimony. Many state in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis. Listen to Law and Disorder interview with Troy’s sister Martina Correia.

Vatican Urges Georgia To Spare Inmate

Where is the justice for me? The case of Troy Davis facing execution in Georgia

Dalia Hashad, co-host and Director of Amnesty International’s USA program gives us this update.

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National Lawyers Guild Report: Punishing Protests - Government Tactics That Suppress Free Speech

Co-Host Heidi Boghosian and National Lawyers Guild members publish a powerful report chronicling government tactics employed on city, state and federal levels aimed at suppressing public dissent. The report outlines the hierarchy of government attacks on free speech, from sophisticated data collecting agencies to arresting demonstrators without probable cause. Order yours here $3

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Marjorie Cohn - Cowboy Republic, Six Ways the Bush Gang Has Defied the Law.

National Lawyers Guild President, legal scholar and co-author of Cameras in the Courtroom: Television and the Pursuit of Justice, Marjorie Cohn has written a new book titled, Cowboy Republic, Six Ways the Bush Gang Has Defied the Law. She provides an in-depth analysis of six significant ways in which the Bush administration has undermined the rule of law in this country. Professor Cohn details the illegal invasion and occupation of Iraq; the policy of torture; war crimes; the kangaroo courts of Guantanamo; unconstitutional laws; and the unlawful surveillance of American citizens. Her book contains practical ways to strengthen the rule of law domestically and internationally, including both political and legal remedies.

Guest - Marjorie Cohn - President of the National Lawyers Guild.

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Visit Co-Host Michael Ratner’s Blog - JustLeft.org

Help Stop the Execution of Troy Anthony Davis

Troy Davis was sentenced to death in Georgia, for the murder of a police officer. The case against him consisted entirely of witness testimonies that were full of inconsistencies, even at the time of trial. Since then, all but two of the states’ nine non-police witnesses from the trial have recanted their testimony. Many state in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis. There is no physical evidence linking Troy Davis to the crime and no murder weapon has ever been found. With his appeals exhausted and courts refusing to consider the recanted testimony, Troy Davis is scheduled to be executed later this month. The only thing that stands between him and execution is the Georgia Parole Board.

UPDATE: The Georgia Parole Board has scheduled Troy Davis to be executed on July 17th at 7pm. The first available day of a schedule window set from July 17-24.

Take Action Through Amnesty International

Larry Cox, Executive Director of Amnesty International said “The Supreme Court decision is proof-positive that justice truly is blind — blind to coerced and recanted testimony, blind to the lack of a murder weapon or physical evidence and blind to the extremely dubious circumstances that led to this man’s conviction. At times there are cases that are emblematic of the dysfunctional application of justice in this country. By refusing to review serious claims of innocence, the Supreme Court has revealed catastrophic flaws in the U.S. death penalty machine.”

Where is the justice for me? The case of Troy Davis facing execution in Georgia

Guest - Martina Correia, activist and sister of Troy Anthony Davis.

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Drug Policy Reform

Nearly 2.1 million Americans are currently serving time in prison. One out of every six of these inmates is in federal prison on marijuana.-related charges. Astonishingly, according to the laws in 15 U.S. states, one can receive a life sentence for non-violent marijuana infractions.

Compare that to the national average sentence of 6 years for homicide. One out of every six of these inmates is in federal prison on marijuana-related charges.In large cities such as New York law enforcement officers have markedly stepped up their efforts to target low-level drug offenders, mostly for marijuana. Watch dog organizations claim that this is also a means to build a database on inner city youth, data shared and networked globally by several multi-national security agencies. In response to these sentencing disparities and the growing prison population, a drug policy reform movement is gaining momentum says Ethan Nadelman.

Guest - Ethan Nadelman, executive director of the Drug Policy Alliance

 

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Recently we brought you the voices of activists and attorneys outside the Third Circuit Court in Philadelphia all responding to the oral arguments of Mumia Abu-Jamal. Today we have a chance to talk with lead attorney Robert R. Bryan from San Francisco. As the former chair of the National Coalition to Abolish the Death Penalty, Mr Bryan’s career spans more than 3 decades and has included other highly political cases such as representing leaders of the 1973 occupation of Wounded Knee.

Guest - Robert Bryan, lead attorney representing Mumia Abu-Jamal

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We recently broadcasted speeches from the demonstration in New York voicing opposition to the release of admitted former CIA operative, Luis Posada Carriles. He’s accused of being one of the masterminds of a l976 mid-air explosion that demolished a Cuban airliner, killing 73 people. This demonstration was among other protests worldwide including Canada, Mexico, Central and South America.

Meanwhile the Cuban Five remain in prison. Look at photographic evidence here against Luis Posada Carriles / Washington Post Article - Free Ride For A Likely Killer

We hear a riveting speech from Father Luis Barrios, pastor of La Iglesia San Romero de Las Americas

Left Forum; Prisons, Prisoners and Political Prisoners

We hear a speech by J. Soffiyah Elijah at the Left Forum. The panel is titled, Prisons, Prisoners and Political Prisoners and chaired by our own Michael Smith. Soffiyah Elijah serves as Deputy Director of the Criminal Justice Institute at Harvard Law School.

Left Forum: Iraq, What’s At Stake - Anthony Arnove

We turn now to hear an excerpt of a speech from author Anthony Arnove at the Left Forum this year. The panel is titled Iraq, What’s At Stake. Anthony is the author of Iraq:The Logic of Withdrawal, examining why continuing the occupation is a wildly unrealistic and reckless strategy that makes the world a more dangerous place.

 

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Habeas Corpus Update - Take Action

Co-hosts Michael Ratner and Dalia Hashad update listeners on recent decisions regarding Guantanamo prisoners and habeas corpus. Dalia Hashad alerts listeners to upcoming event supported by a coalition of civil liberties groups.

Day of Action to Restore Law & Justice - June 26, 2007 - Sponsored by Amnesty International, the National Lawyers Guild, the Center For Constitutional Rights, the ACLU, the Leadership Conference on Civil Rights, the National Religious Campaign Against Torture and other groups in this historic Day of Action.

War Czar.

Michael Ratner and Dalia Hashad discuss the position of War Czar and what it means regarding the longevity of the wars in Iraq and Afghanistan. Why Did 3 Generals Refuse This Position?

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Demonstrators Worldwide Protest the Release of Luis Posada Carriles

In Canada, Mexico, Central and South America and across dozens of major cities in the United States, demonstrators worldwide took to the streets to protest the release of admitted former CIA operative, Luis Posada Carriles. He’s accused of being one of the masterminds of a l976 mid-air explosion that demolished a Cuban airliner, killing 73 people. Meanwhile the Cuban Five remain in prison. Look at photographic evidence here against Luis Posada Carriles / Washington Post Article - Free Ride For A Likely Killer

A message from Mumia Abu-Jamal : For over four decades, the US empire has been waging a secret and deadly war against Cuba. They have bombed fields, poisoned grain, hijacked planed, and plotted invasion. They have trained, paid and protected terrorists who have cost the lives of thousands of Cubans and virtually crippled their economy through a seemingly everlasting embargo. The Cuban Five, young men who tried to protect their people from these instances of U.S. state terrorism, who have bombed on one, nor planned to, who poisoned no one, nor planned to, who hurt non one, nor planned to, who merely reported the plotting of crimes against their people, face the full foul fury of the empire’s judiciary for trying to stop crimes. We must all, all of us protest the unjust convictions of Rene Gonzalez, Fernando Gonzalez, Antonio Guerrero, Gerardo Hernandez and Ramon Labanino.

We hear the voices of activists and lawyers speaking at the New York protest, including former US Attorney General Ramsey Clark and our own Heidi Boghosian.

Demonstraters Show Support For Mumia Abu-Jamal

Oral arguments were heard by 3 judges last week who will decide the fate of imprisoned former Black Panther and award winning journalist, Mumia Abu-Jamal at the Third Circuit Court of Appeals in Philadelphia. Abu-Jamal has been on death row for 25 years after being convicted of killing a police officer following a controversial trial before a predominantly-white jury. The Third Circuit Court heard oral arguments that will rule whether Abu-Jamal gets life in prison, a new trial or execution. Our own Heidi Boghosian was in the courts and the streets with the hundreds of demonstrators. We hear the voices of lawyers and activists Heidi interviewed on that day outside the Third Circuit Court in Philadelphia.

Hip Hop News Update / International Herald Tribune / Crime Scene Photos

Download/Listen to this show [40 MB]

Eric Schlosser on the United States Prison System
We’ve covered in depth on Law and Disorder the US run prison industry abroad, from Guantanamo Bay prison, Cuba, Bagram prison in Afghanistan and Abu Ghraib in Iraq. These are the exports of one of the most highly profitable businesses in the United States. The prison industrial complex in this country has reached record breaking occupancy. Nearly 2.1 million Americans are behind bars, the majority of them nonviolent offenders, they’re usually poor, many have substance abuse problems and many have are mentally ill. This according to exhaustive research by Fast Food Nation author Eric Schlosser who spoke at Bluestockings Bookstore in New York about his compendium on the American Prison system.

Law and Disorder caught up with Eric during this talk and we listen to the second part of his one hour speech. In his talk he warns our society of the perils of a profit driven penal system and backs his research with well-documented facts and staggering statistics.

Muhammad Salah Case - Update

Hosts talk with Salah’s attorney Michael Deutsch on the latest in the case involving a Palestinian businessman accused of funding Hamas in 1993. His defense argues he was tortured and his confessions coerced.

The government also called to the witness stand former New York Times reporter Judith Miller. Law and Disorder hosts fill in the background of this reporter who was fired from the NY Times for writing numerous stories backing the Bush administration’s war campaign chant, “weapons of mass destruction.” Miller was allowed to witness Israeli agents interviewing Salah in 1993. She testified a month ago that Salah seemed comfortable and that he boasted about Hamas operations.

Guest - Michael Deutsch, Muhammad Salah’s attorney with the People’s Law Office in Chicago.

The Mishandled Lethal Injection of Florida death row inmate Angel Nieves Diaz

Angel Diaz was executed by lethal injection for killing a Miami topless bar manager 27 years ago. He was given a rare second does of deadly chemicals as he took more than twice the usual time to succumb. Needles that were supposed to inject drugs in the 55 year old man’s veins were instead pushed through the blood vessels and into the surrounding soft tissue.

The error in Diaz’s execution led Florida Governor Jeb Bush to suspend all executions. Bush still defends the death penalty itself and rejects calls for its abolition. In a separate case, a federal judge extended a moratorium on executions in California, declaring that its method of legal injection violates the constitutional ban on cruel and unusual punishment.

Those are just the latest challenges to lethal injection, which is the preferred method in 37 states. Missouri’s injection method, similar to California’s was declared unconstitutional last month by a federal judge.

Guest - Kristin Houle with the Amnesty International Program to Abolish the Death Penalty

Lynch Mobs and the Killing State

Lynchings. That word alone is at the root of racism in the United States. Those who may regard lynching as a shameful part of the past need only read the book “From Lynch Mobs to the Killing State” edited by Austin Sarat and Charles Ogletree to realize that state-sanctioned executions are sanitized forms of lynching justified by society.

Professors Charles Ogletree and Austin Sarat have assembled a lucid and intelligent work in which essays from sociologists, historians, criminologists and lawyers weave toegether a social history that starkly reveals how this country’s death penalty is rooted in lynchings.

Racism informs both kinds of killings. The 985 lives lost to official lynchings in the United States since the practice resumed in 1976 symbolize according to one of the book’s contributors, a much broader and enduring culture of American apartheid.

Guest - Austin Sarat, the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. His books include Mercy on Trial: What it Means to Stop an Execution.