Law and Disorder July 7, 2008 [56:41m]: Play Now | Play in Popup | Download

Updates:

• Indicted, Sami Al-Arian Faces Possible Life Imprisonment
• Rhode Island School District To Begin Microchipping Students
• Preparing The Battlefield
  

Green Scare: The Case of Briana Waters Update

Briana Waters, 32 was sentenced to six years in federal prison and ordered to pay $6 million in restitution by U.S. District Court Judge Franklin Burgess, who also declined her lawyer’s request that Waters be released on her own recognizance pending appeal. Here on Law and Disorder we’ve discussed how (since December 2005) environmental activists in the United States have been targeted and handed unusually harsh prison sentences. It’s been called Green Scare.

Briana was accused of acting as a lookout in the conspiracy to set fire to the University of Washington’s Center for Urban Horticulture in 2001. This, despite evidence presented by the defense that she was 60 miles away at the time of the arson. Others claimed responsibility for the fire. How the Government Targets Eco-Activists. Listen to NLG event.

Federal “conspiracy law” is often used by prosecutors to take down drug dealers, the same legal approach is used to charge environmental protesters. Once the judge accepts the charge of conspiracy, here-say is admissible making conspiracy and very easy to prove in court.

Last year the NLG established a hotline 1-888-NLG-ECOL for activists who had been targeted by the FBI for environmental activism.

Guest: Ben Rosenfeld, California Civil Rights attorney

–

Taking Back The Right To Dissent: The Case of the Bangor Six

Recently, jurors in the Case of the ‘Bangor Six’ brought back a decisive verdict of ‘not guilty.’ The six veterans for peace, anti war protesters were arrested in March of last year after refusing to leave the federal building where their senator, Republican Susan Collins has her office. The six activists were among 12 that say they were protesting Bush’s proposal to increase troops in Iraq to support a military strategy known s the surge and also urged Collins to vote against continued funding for the war. Collins did not vote against funding for the war and did not meet with activists. Six of the activists were later arrested. (Collins Watch)

During this trial, the jury was allowed by the judge to decide whether the defendants believed that they were not guilty in making a conscious choice to break Maine law because they thought international law was being violated. The jurors decided unanimously that the protesters did believe they had the ‘license and privilege’ to act as they did, in rendering the ‘not guilty’ verdict.

Guest - Bar Harbor attorney Lynne Williams, also with Maine Lawyers for Democracy a group of 65 Maine lawyers, calling for the impeachment of President Bush and Vice President Cheney.

–

Amnesty International USA: Guantanamo Cell Replica

This past week, Amnesty International USA hauled a life size Guantanamo cell replica to the National mall in Washington DC.  Activists and tourists gathered to experience the bleakness of being held in such confinement without hope. The cell replica visited the nation’s capital as a U.S. House Judiciary Subcommittee heard testimony on harsh interrogation techniques from Vice President Dick Cheney’s chief of staff David Addington and former U.S. Justice Department lawyer John Yoo.

We listen to voices of tourists, activists and James Yee, former US Army chaplain, who ministered to Muslim detainees held at Guantánamo Bay Naval base. Yee as listeners may know, was the subject to an intense investigation by the United States. A special thank you to Karen Miller for gathering the audio for this segment.

———————-

 

 Law and Disorder May 19, 2008 [57:37m]: Play Now | Play in Popup | Download

Ending The War In Iraq: Tom Hayden

Long time political and social activist Tom Hayden joins Law and Disorder hosts for a lively interview and discussion on specific ways to end the illegal war in Iraq. Tom Hayden is a former California state senator, a passionate anti-war activist and has published an anthology titled “Writings For A Democratic Society” , in it he chronicles key civil rights movements and potent sixties activism. The book is a collection of essays, pamphlets, op-ed pieces from the Port Huron Statement - a manifesto for sixties radicals, to reports on the riots at Chicago’s 1968 Democratic National Convention.

Guest - Tom Hayden, political and social activist, author of Ending The War In Iraq. Tom Hayden’s Blog

–

Green Scare: The Case of Briana Waters

Here on Law and Disorder we’ve discussed how since December 2005, environmental activists in the United States have been targeted and handed unusually harsh prison sentences. It’s called Green Scare and more than a year ago the National Lawyer’s Guild sponsored an event titled Green Scare - How the Government Is Targeting Eco-Activists. Listen to it here.

Last year the NLG established a hotline 1-888-NLG-ECOL for activists who had been targeted by the FBI for environmental activism.

We bring this up in context of the case involving Briana Waters. Acting as a lookout, she was accused of conspiring to set fire to the University of Washington’s Center for Urban Horticulture in 2001. This, despite evidence presented by the defense that she was 60 miles away at the time of the arson. Others claimed responsibility for the fire, but Ms. Waters, a 32 year old mother and violin teacher may face a mandatory minimum of 35 years in prison.

Federal “conspiracy law” is used often to prosecute drug dealers and is being used by prosecutors to take down individual environmental protesters. Once the judge accepts the charge of conspiracy, here-say is admissible making conspiracy very easy to prove in court.

Guest: California civil rights attorney Ben Rosenfeld

–

An Innocent Man In Guantanamo: Five Years of My Life, Part III

Today we hear excerpts from the third part of 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. Former US Army Muslim Chaplain of Guantanamo Bay, James Yee voices his concern about other secret prisons in Afghanistan and systematic abuse to prisoners involving IRF teams.

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.