Law and Disorder July 26, 2010: Play Now | Play in Popup | Download

Updates:

• Groups Sue Virginia Prisons for Unconstitutional Banning of Jailhouse Lawyer’s Handbook
• Omar Khadr 23 years old / 8 Years in GTMO / Khadr Boycotts Trial

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Lynne Stewart Heard A Death Sentence Today

As many listeners know Judge John G Koeltl sentenced defendant, Lynne Stewart: 120 months incarceration in the Danbury Federal Correctional Institution Connecticut on five counts to be served concurrently.  Lynne Stewart is 70 years old, she’s a breast cancer survivor with other pending health issues.  We’re joined by Vinie Burrows today, she is the UN representative for the Women’s International Democratic Federation and the founding member of the Granny Peace Bridgade. Vinie Burrows made powerful statements in her article titled Lynne Stewart Heard A Death Sentence Today that calls terrorism by its real name under the draconian Patriot Act.

Vinie writes,  “over and over again in his remarks leading up to the sentencing, Judge Koeltl used the term “terrorist enhancement.” Those warning words bring up the specter of  some of the nastiest aspects of the Cold War and its present re-incarnation in the Patriot Act which by expanding law enforcement’s surveillance and investigative powers  represents a significant threat to civil liberties. Read the official text… “Uniting and Strengthening America by providing Appropriate Tools Required to Intercept and Obstruct Terrorism.  The Sentencing of Lynne Stewart by Michael Steven Smith.

Vinie Burrows:

• Being at Lynne Stewart’s court hearing was useful to see the judge, to see the players, the 2 prosecuting lawyers and to see Lynne Stewart who made a marvelous opening statement.  It was one of the great speeches before the bar
• I felt as he was reading, Judge  Koeltl was responding to each dictate of the appellate court.
• We have to define terror. We can’t go by what the legislative, judicial and now executive define as terror. We’re looking in the wrong places for terror.  A single mother with 3 children living in a shelter, she knows terror. When she doesn’t know where her next meal is coming from, that’s terror.
• When her home is foreclosed on, that’s terror, and of course our banks are the biggest terror of all.
• We can’t even think of Lynne Stewart when we talk of terror, she is a human rights defender. She’s been deprived of the ability to defend human rights.
• I think we have to go to “who are the terrorists?” who are the victims of terror?
• We have to talk about the state, the state usually the perpetrator of human rights violations.
• The state must recognize that poverty is a weapon of mass destruction.
• I think we need to talk about the Universal Declaration of Human Rights as a legal basis to mount some sort of appeal.
• Michael Ratner: This is the Time of the Toad (A Study of Inquisition In America)
• Lynne Stewart has another appeal against this severe sentence.

Guest – Vinie Burrows is an award-winning Broadway actress. She has been active at the United Nations Economic and Social Council on the issues of the status of women and Southern Africa. Burrows won the Paul Robeson Award in 1986.  She was to appear in a show titled Sister! Sister! at the University of Delaware in Newark in November 1991. She was to be a panelist in the 2000-2001 African Diaspora lecture series at the Center for Ideas and Society in Riverside, California.

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Mountain Top Removal Activists Arrested For Direct Action In Virginia (Updated)

Last week 4 activists with Climate Ground Zero and Mountain Justice were arrested for using direct action to shut down a coal mining mountaintop removal effort in Virginia. Two of the 4 activists locked themselves to heavy machinery in the coal mining pit and were later arrested. The activists say they are drawing public attention to the dangers associated with the Brushy Fork Sludge Impoundment, which contain up to 8 billion gallons of toxic coal waste. The area is unstable, Brushy Fork’s foundation is built on a honeycomb of abandoned underground mines. If the foundation were to collapse, as others have, the toxic slurry could engulf communities nearly 14 miles away, according to Marfork Coal Co.’s emergency warning plan. Meanwhile, one of the activists, Jimmy Tobias was still in jail during this interview and is now released.

Dea Goblirsch:

• Mountain top removal is a destruction form of coal mining that uses explosives, that blow up the tops of mountains to get to the coal seams beneath.  It’s cheaper and more efficient than underground mining, it also employs fewer miners.
• So far there have more than 800 miles of peaks flattened. They also take the rubble from the tops of mountains and dump it into nearby valleys.  They are called valley fills. The creation of the valley fills cover up the headwater streams.
• A lot of these valleys feed into water systems that supply water to the Eastern United States.
• Brushy Fork is the largest earthen dam in the Western Hemisphere.
• Coal River Mountain was the highest elevation in the area that hadn’t been mountaintop removal mined.
• You can’t always see mountain top mining from the roadside, they tend to keep a veil of trees.
• The work we’re doing is primarily civil disobedience and direct action.  Tree sits within the blast range. Bails and sentencing are widely uneven.
• Community groups to start sustainable energy initiatives in Appalachia, we see this happening in Kentucky, and Virginia and other parts of the coal mining region.
• A woman publicly slapped Judy Bonds, the director of Coal River Mountain Watch.
• A strip miner threatened to slit the throat of a child

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Katie Huscsza:

• We attached ourselves to the high wall miner (equipment) for 4 hours.
• Me and Colin were charged with trespassing, conspiracy and obstruction.
• There are around 30 people this summer actively working to stop mountain top removal.
• We I first learned about it (MTR) I almost didn’t believe that something so awful and destructive could be taking place

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Guest – Dea Goblirsch with Climate Ground Zero and Katie Huscsza, also with CGZ had locked herself to highwall coal mining machines, arrested and released on bail.

Music interludes in this segment by Canton Becker

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 Law and Disorder July 12, 2010: Play Now | Play in Popup | Download

Updates:

• G20: Canadian Police do not have special powers under their public works act
• New UK government publishes major reports on Bloody Sunday and to settle damages for Guantanamo torture.

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C0-host Michael Smith talks with attorney Jim Lafferty about the upcoming anti-war conference in Albany, New York, July 23-25. Noam Chomsky, internationally renowned political activist, author, and critic of U.S. foreign and domestic policies; Massachusetts Institute of Technology (MIT) Professor Emeritus of Linguistics is the keynote speaker. Click here for flyer (PDF) Groups sponsoring the event:   After Downing Street,  Arab American Union Members Council, Bail Out the People Movement, Black Agenda Report, Campus Antiwar Network, Campaign for Peace and Democracy, Citizen Soldier,  Code Pink, Grandmothers Against the War, Granny Peace Brigade, International Action Center, Iraq Veterans Against the War, Military Families Speak Out, May 1^st Workers and Immigrant Rights Coalition, National Assembly to End the Iraq and Afghanistan Wars and Occupations, National Lawyers Guild, Office of the Americas, Peace Action, Peace of the Action, Progressive Democrats of America, Project Salam, September Eleventh Families for Peaceful Tomorrows, The Fellowship of Reconciliation, U.S. Labor Against the War, Veterans for Peace, Voices for Creative Nonviolence, Voters for Peace,Women’s International League for Peace and Freedom, The World Can’t Wait.

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Iraq War Veteran, Conscientious Objector and Musician Clifton Hicks

Clifton Hicks is an activist with the Iraqi Veterans Against the War. Hicks is disabled and enrolled as an Anthropology student at Appalachian State University in Boone, North Carolina.  Appalachian State is a center for old-time music, and Hicks is also an accomplished musician and banjo player.  Cliff Hicks is psychologically disabled and got out of the Army as a conscientious objector several years ago. In the Spring issue of The Veteran, published by Vietnam Veterans Against the War, there’s printed the following chant, that is repeated by soldiers in training to go to Iraq.  “I went down to the market where all the people shop, I pulled out my machete, and I began to chop,  I went down to the park where all the children play, I took out my machine gun and I began to spray.” This is the kind of psychological brutalization that our young men are forced to endure that turn them into creatures they never thought they’d become.

Clifton Hicks:

• I was in 9th grade when 9/11 happened.  I called the recruiter when I was 16, to try and get in.
• I saw Muslim and Arabic people and thought they were all out to get us.
• I listened to a lot of daytime AM right-wing radio. I had the ole cliche patriotic notions going.
• I wanted to go combat arms from the start, I figured if I was going into the Army, I wanted to fight.
• My feet were on the ground in Iraq in October 2003. The guys I was with that had already been there for a while had gotten pretty nasty. Guys get nasty, because their friends get killed and you realized you can’t trust anybody.
• We were the first division in combat to be out there for more than 13 months.
• They would literally give us candy and toys to give out to Iraqi kids at schools, the next day you’re ridin’ around and you see a b unch of kids get shot.
• I became an anti-war activist while I was still in the Army.  We started an IVAW chapter in Gainesville Florida

Guest – Clifton Hicks, Branch of service: United States Army (USA) / Unit: C Troop, 1st Squadron, 1st U.S. Cavalry Regiment / Rank: PFC / Home: North Carolina / Served in: Ft. Knox, OIF 1, Germany. Hicks a musician and is currently a student at Appalachian State University in Boone, North Carolina.

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 Law and Disorder June 28, 2010: Play Now | Play in Popup | Download

Updates:

• Peter Erlinder Returns Home: Almost Disappeared.

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Pittsburgh’s Citizen Police Review Board Demands G20 Police Records, Faces Dismantling

Pittsburgh’s city council is worried that if the city’s Citizen Police Review Board are allowed to scrutinize secret records of officer conduct during the G-20 economic summit, more protesters will sue and possibly jeopardize a $20 million liability insurance policy the city bought before the International Summit last year.  We could lose our homes over this,” said City Councilwoman Theresa Smith, chairwoman of the public safety committee.. “If we don’t have insurance, then it falls to us.”  The Seeds of Peace Collective and Three Rivers Climate Convergence have filed a joint federal lawsuit against the city charging that police violated their First and 14th Amendment rights at two events. Meanwhile, city hall has started the nomination process to remove most of the members of the Pittsburgh Citizen Police Review Board.

Elizabeth Pittinger:

• The Pittsburgh Citizen Police Review Board does have subpoena power and when they initiated their inquiry last October, a general request of a number of documents to be turned over so we could begin the inquiry. The city resisted providing that information.
• In December the chair of the Citizen Police Review Board issued a subpoena demanding that police reports specified by number be turned over in addition to operational material and documents.
• On March 18, the courts issued an order directing the city to provide the documents. They finally gave us a stack of more than 300 pages of police reports that were so heavily redacted they were substantively illegible.
• We went back to court seeking that they would have to provide the information in an un-redacted form and that has led to this controversy with city council.
• The Pittsburgh City Council is coming forward with a document called “the will of council” urging the police review board to slow down its inquiry.
• What has happened now is that the request of these G20 documents is really the vehicle that the city has now created to challenge the board’s right of access to any document.
• Protesters hit with OC Vapor – Invisible Vaporized Pepper Spray

• Law and Disorder Interview from Pittsburgh G20, Oct 2009
• Law and Disorder Interview – Jules Lobel – Pittsburgh G20, Sept 2009

Guest – Elizabeth Pittinger, the Executive Director of the Pittsburgh Citizen Police Review Board.

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“Cyber War” Creates Need For Internet “Kill Switch”

Senator Lieberman and Senator Susan Collins have the attention of civil liberties and privacy experts as they craft a bill that would allow the take over of the civilian internet network during an emergency.  After initial outcry, Senator Lieberman told the media,  the Internet Kill Switch bill is a matter of national security, and a kill switch is needed to disconnect immediately from a foreign nation in case of an attack. He continues,  “Right now, China, the government, can disconnect parts of its Internet in a case of war. We need to have that here too,” Protecting Cyberspace as a National Asset Act of 2010 is the name of the bill, and supporters argue that it is not a kill switch, but a way to divert traffic away from another country. It is added that the President already has broad powers to shut off any and all regulated telecommunications in the 1934 Telecommunications Act.

Tracy Rosenberg:

• I think its clear by the way the bill is currently written, the president could target political groups, but that’s not the intent of the bill.  It doesn’t mean it couldn’t be used in that fashion. The information sharing is quite similar to what happened after 9/11. It potentially creates a situation where corporate providers basically rat out parties at the instructions of the government. That could certainly be directed at political viewpoints.
• Internet sites could potentially be shut down. Information about who is posting to them, who is reading them and who owns them will become the property of the federal government.
• Another motivation behind the bill – Litigation and liability protection for internet companies.
• Internet use in China is considerably compromised

Guest – Tracy Rosenberg, Executive Director of Media Alliance since 2007.  She has organized and advocated for a free, accountable and accessible media system,focusing on the protection and sustainability of alternative media outlets from Pacifica Radio to low-power FM, public access and Indymedia, monitored the mainstream media for accuracy and fair representation and facilitated the training of numerous nonprofit organizations and citizen’s groups in effective communications.

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A Dark Day For Human Rights

The Supreme Court’s decision to preserve a vague prohibition on aiding and associating with terrorist groups severely reduced the First Amendment rights of American citizens. The decision could have serious impact on lawyers, journalists and academics who represent or study terrorist groups. The new decision came from a case by the Humanitarian Law Project that challenged the law of prohibiting “material support” to terror groups. The law projected wanted to provide advice to two terrorist groups on how to peacefully resolve their disputes with the United Nations and International Law. The Supreme Court ruled that the peaceful assistance is aiding terrorism.

Shane Kadidal:

• A number of Justices were skeptical about the ways this law may be applied to journalists, to lawyers representing unpopular clients.  “Speech discouraging violence can be banned under the First Amendment.”
• Solicitor General Kagan was asked if a lawyer is entitled to represent someone on the FTO list.
• Foreign Terrorist Organization List.
• Kagan says if you have some Constitutional right to be in court then the statutes should be interpreted in a way to allow the lawyer to represent someone in those circumstances.
• If you think about it, it took the Guantanamo lawyers 7 years to establish if there was a Constitutional right to challenge your detention if you’re a non-citizen.
• Kagan is saying that lawyers were taking their chances to represent Guantanamo lawyers in the first place.
• Lynn Cheney’s group : Keep America Safe.
• You couldn’t send books on Federalism to the Tigers of Tamil Eelam who are on the FTO list.
• The law defines material support to be more than tangible things like guns, and money but also things like personal services, expert advice and assistance. Those terms are so broad.
• (Treating a wounded person with your medical skills) Humanitarian aid during crisis at risk.
• That’s one of the fundamental problems with vague statutes. They give too much discretion to law enforcement, if everything is prohibited than law enforcement is going to be selective on who they choose to prosecute.  The government likes that. Greenpeace would easily qualify.
• President Clinton was the first to use this law directed at whole nations such as Nazi Germany or Cuba and instead direct them at political organizations.
• The government has used this law 150 times since 9/11.  Statute of limitations of 8 years.

Guest – Shane Kadidal senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights in New York City. He is a graduate of the Yale Law School and a former law clerk to Judge Kermit Lipez of the United States Court of Appeals for the First Circuit.
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 Law and Disorder June 21, 2010: Play Now | Play in Popup | Download

Updates:

• Disturbing the Universe – On Point of View PBS June 22, 2010
• Cuban Five Update – Government Paid Reporters To Influence Jury
• Canadian RCMP Investigating U.S. and Syria Regarding Mahar Arar Rendition To Torture
• Newburgh Four – Clear Case of Entrapment (Past shows on Newburgh 4 -  June 2009 /April 2010)
• US Should Not Condone Israeli Attack – By Michael Ratner

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Mavi Marmara Survivors Have A Right To Be Heard

Last week, two eyewitnesses who were aboard the Turkish ship that was stormed by Israeli Naval Commandos told their stories at the Brooklyn’s historic House of the Lord Church. As many listeners know 9 unarmed passengers were murdered, the oldest, Ibrahim Bilgen, was 61, the youngest was 19,  a U.S. citizen born in Troy , N.Y.  This speaking event almost didn’t happen.  Last Monday,  June 14, City Council speaker Christine Quinn, Reps. Jerry Nadler, Anthony Weiner, Carolyn Mahoney, Charles Rangel and others, gathered in Times Square to demand the State Department investigate the invited speakers for “ties to terrorism.” They want to prevent or delay their entry the United States.  Video

Bill Doares:

• U.S. filmmaker Iara Lee and British political organizer Kevin Ovenden, and Ahmet Unsal, a former Member of Turkey’s Parliament
• Their hands in my opinion are dripping with blood. Anthony Weiner actually called those on the ships “terrorists.” IHH Turkish Charity
• Every bullet fired by Israel is paid for by the United States.

Guest – Bill Doars with New York Labor Against the War / Al-AWDA New York

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24 Anti-Torture Activists Acquitted

Last week, 24 anti-torture activists were acquitted in trial for protesting at the US Capitol, calling for Guantanamo’s closure and an investigation of deaths at the prisoner detention camp. The activists were aquitted of charges of (quote) unlawful entry with disorderly conduct which stemmed from demonstrations in January 21 of this year. The date President Obama promised to close Guantanamo prison. “With his decision, the judge validated the effort of the demonstrators to condemn the ongoing crime of indefinite detention at Guantanamo,” says Bill Quigley, legal adviser to the defendants and the Legal Director of the Center for Constitutional Rights. FDL story

Bill Quigley:

• There was a big protest on the day that Guantanamo Bay prison was supposed to be closed by Witness Against Torture.
• Witness Against Torture started in 2005 by going to Cuba and marching to the gates of Guantanamo asking that the people there be released.
• In January this year they had a number of people who did a water-only fast for 11 days, it ended on January 21, 2010. They put 20 something people on the steps of the Capitol who were in orange jump suits and black hoods, unfurled a banner with rose petals in the rotunda.
• About 35 people were arrested that day. They were charged with unlawful assembly with intent to breach the peace. The trial was last week, and they were given the option of paying a 50.00 fine. Most wanted to go to court and put Guantanamo on trial in the superior court.
• I prepared and argued for a necessity defense, an international law defense and the importance of the first amendment to what they were doing.  I analagized their conduct to the people who resisted in Germany, the illegal crimes of Hitler and the like, the responsibility of citizens to challenge the crimes of their government.
• I think the judge didn’t want to get involved with this (activist work globally to shut down Guantanamo)
• Maybe a sign for a chance to turn the tide.

Guest - Bill Quigley, Legal Director for the Center for Constitutional Rights, a national legal and educational organization dedicated to advancing and defending the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Bill joined CCR on sabbatical from his position as law professor and Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans. He has been an active public interest lawyer since 1977.

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Seize British Petroleum Assets

As the blood red crude oil continues to gush from the bottom of the Gulf of Mexico, many industries and communities are being hit hard economically and environmentally. Meanwhile British Petroleum, Haliburton and Trans-ocean sidestep compensation and trade blame. Organizers of the Seize BP campaign say their demand is straightforward, “Seize assets of BP sufficient to compensate the people they harm.” There are several paths to compensation says Carl Messineo, attorney with the Partnership for Civil Justice and organizer of the Seize BP group. First,  the BP claims process whereby BP determines what to cover and how much to pay. On this road all power rests with BP. Second, through the courts, where people can file litigation and lawsuits against BP. Both BP and the Obama administration want to push everyone seeking compensation down these two paths, but these two paths lead nowhere.

Third, the seizure of BP’s assets in an amount commensurate with estimated damages and the delivery of immediate and ongoing compensation to all those who have suffered and will suffer lost jobs, wages and business for years to come.

Attorney Carl Messineo:

• Seize BP is a campaign that was started of course a few weeks ago, around a single, simple demand, which is the US government needs to seize assets of BP. Place them in trust and make them immediately available for people in the Gulf coast who are in severe desperation at this time.
• People can’t pay the mortgage with rhetoric, they can’t eat rhetoric.  The Obama administration can choose to take action. They can seize assets of BP.
• The president of the United States needs to request that Tony Hayward to please set aside some money? The president has legal authority, the Congress has legal authority. They can compel action.
• That’s their responsibility. Obama has acted like the calm captain of corporate interest within his presidency.
• He funneled health care through the corporations. Instead of serving the people, he’s really been subservient to corporate interest.  This is a defining moment for his presidency.
• BP was the responsible party, this was avoidable, why do we turn to BP and ask them “please?”
• Right now, we know that BP can put aside 20 billion dollars. This is the same corporation that chose not to put the 500 thousand dollar safety valve.
• The US government has decided over the years to be willingly incompetent. This is something that they admit. They are incompetent technologically and using government resources.
• Obama can’t say that this is inertia from the bad policy of George Bush.  He made personal decisions to expand offshore oil drilling. His administration is no worse than the others. There’s no change.
• Accidents happen, that’s why there needs to be independent redundant systems to respond to catastrophes.
• BP is a profit maximizer. It’s goal is to make as much money as possible, to limit its expenditures in order to maximize its profits.
• These handful of individuals hold in their hand, the safety and the ecology of clearly between  5 and 10 coastal states. It can’t be left to the profit making decisions.
• The largest share and holder of BP is the Chase Bank.

Guest – Attorney Carl Messineo with the Partnership for Civil Justice and organizer of SeizeBP

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 Law and Disorder May 24, 2010: Play Now | Play in Popup | Download

Updates:

• Adam Walsh Child Protection and Safety Act – Sex Offenders May Be Kept In Jail After Serving Sentence (Preventive Detention Scheme)
• Glacial: Juveniles Will Not Get Life Without Parole Unless It’s Homicide
• Noam Chomsky Barred From Israel, Israel Backpeddles.
• Judge Baltazar Garzon Suspended – Update

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Labor Relations at the American Red Cross and It’s Impact on Employee and Donor Safety (PDF)

Hosts look at a suprising report detailing the cost cutting efforts within America’s premier disaster relief and blood donor organization, the American Red Cross. Award winning Washington based reporter Philip Dine has put together an investigative summary titled – (PDF)Labor Relations at the American Red Cross and It’s Impact on Employee and Donor Safety that enumerates the effects of cut backs that have led to bad labor relations, bungled disaster relief, mishandled blood supplies and federal fines. The investigation examines a far less publicized issue that involves the treatment of Red Cross employees and the impact this has on the organization’s work, with high turnover, younger employees and lower wages.

Philip Dine:

• Over the years, the Feds saw that the Red Cross was not living up to its promises.
• Red Cross labor relations: For years the Red Cross has been intent on degrading the training and expertise of the employees.
• At one point you needed doctors on site for blood drives, then it became registered nurses, then it became nurses on call, and then non-medically trained supervisors.
• It seems that the Red Cross wants to have more management control and lower pay and that basically means a disposable work force.
• Management mess: 10 Executive directors in 12 years.
• High turnover at the top, a budget deficit, despite the main money maker – the blood supply which they get for free. It accounts for 2/3 of revenue.  Calling for an audit
• Workers increasingly hired from fast food outlets with no experience, workers see co-workers improperly inserting needles into people. More articles
• I’ve been covering labor for 25 years/ Please contact Philip Dine directly at – philipmdine@aol.com

Guest – Philip Dine author of “State of the Unions: How Labor Can Strengthen the Middle Class, Improve Our Economy, and Regain Political Influence.”  Philip Dine is teaching a labor-management course at the George Washington University School of Business this fall.  State of the Unions has won honorable mention for best book about labor or work of the past five years from the United Association for Labor Education.

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Medical Students Advocate Against Health Professional Participation in Torture

Last year it was confirmed that doctors and psychologists were directly involved in the supervision, design and execution of torture at U.S. military and intelligence facilities. This is a violation of state laws and professional ethics. These “health professionals” that were involved in the torture still hold their professional licenses to practice. Legislation introduced in New York by Assemblyman Richard Gottfried and Senator Tom Duane would reinforce existing ethical and legal responsibilities by prohibiting state-licensed doctors and other health professionals from participating in such practices. The law would also call for legal protection to resist and report any involvement in acts of torture and abuse. Last week, medical students and health professionals descended on Albany to meet with law makers to advocate the passage of this historic legislation. Physicians For Human Rights / When Healers Harm

Dr.Allen Keller:

• If you’re a health professional that participated in torture, you can lose your license.
• Health professionals were front and center and complicit in this policy of torture.
• Medical professionals provided sanitizing and rationalization for those infamous torture memos.
• During water-boarding there would be a doctor there. This is clearly a breach of medical and professional ethics.
• Licenses issued by the state.  Torturers relied heavily on medical opinion.
• The state chapter of the New York Psychological Association has endorsed this bill.
• What I believe is that the interrogator looks at the health professional and says, well, if it gets out of hand, the medical professional will stop me.
• Suvivorsoftorture.org – The Bellevue/NYU Program for Survivors of Torture provides comprehensive medical and mental health care, as well as social and legal services to survivors of torture and war traumas and their family members. In the past year alone we provided these multidisciplinary services to more than 600 people from 70 countries.

Guest - Dr. Allen Keller, founder and director of the Bellevue/NYU Program for Survivors of Torture. In addition to serving as a primary care physician for many patients in the Program (Dr. Keller speaks French and Spanish). Dr. Keller oversees and coordinates the provision of medical services for Program patients, working with other primary care physicians and medical specialists affiliated with the program.

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 Law and Disorder February 15, 2010: Play Now | Play in Popup | Download

Updates:

• Admitted CIA Agent Luis Posada Carriles Upcoming Trial in El Paso, TX
• Perjury, Obstruction and Naturalization Fraud on March 1, 2010
• Obama Wraps Himself In The Bush “Anti-Terror” Policies
• Humanitarian Law Project – March 23, 2010 – Material Aid to Terrorism

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Simon Wiesanthal Museum of Intolerance:  Mamilla Cemetery In Jerusalem

Critics continue to speak out against plans to build the new Simon Wiesanthal Museum of Tolerance near the Mamilla Cemetery. The cemetery is an 800 year old Muslim burial in the heart of Jerusalem and covers about 12 percent of the plot of the new 250 million dollar museum.  Today we examine the ongoing legal fights to preserve the cemetery. Mamillacampaign.org

The museum construction has been halted several times in the last few years. Recently, the Israel’s Supreme Court ruled to go ahead with the continued construction, since there was no objection in 1960 when a parking lot was built over a small part of the cemetery.  Controversy swirls around the project,  the previous architect of the  museum project designed an imposing futuristic mix of titanium, glass and stone.  Police detain filmmakers

The initial outcry opposing the project came from the Palestinian community, Israeli archaeologists and Ultra-Orthodox Jews. Meanwhile, construction of the museum continues in portions of the area where human remains have not been found.  CCR Synopsis

Dima Khalidi:

• Mamilla Cemetery is a huge piece of land located in West Jerusalem It’s an ancient cemetery dating back possibly to the 7th century.  Palestinians buried their relatives there since at least 1948
• It has the ancestors of the biggest Jerusalem families including my own family.
• The cemetery has been constantly built on since the fifties and sixties.  Our petition to several United Nation bodies is really part of a larger opposition. UN rapporteur on Freedom and Belief and the rapporteur on Ending Racial Discrimination
• We are asking that they label the Mamilla cemetery as a historic site and protect it and move this project, also find the remains that have been dug up so that the Palestinian families can re-bury them. 250 sets of bones removed, at least.
• There are four layers of burials dating back to the 11th century. 2 thousand people buried there.
• The museum’s archeologist called it an archeological crime.  The mayor of Jerusalem offered a different site.
• Michael Ratner: what’s going on here is the expulsion of the memory and history of Musliims and Palestinians from Jerusalem
• Israeli Supreme Court handed down a decision in December 2009 affirming previous decision that it was legal to build this museum on top of the cemetery.

Guest – Palestinian-American lawyer Dima Khalidi. Dima is based in Chicago, she has a JD from DePaul University College of Law in Chicago and a Masters from the School of Oriental and African Studies, University of London in International and Comparative Law with a focus on Islamic Law.  She has worked with the People’s Law Office in Chicago, and the Center for Constitutional Rights (CCR) in New York.  Prior to studying law, she spent two years working in the West Bank at Birzeit University on a project studying the role of customary/tribal law in Palestinian society.  She has been working on the Mamilla cemetery case with CCR and other attorneys in recent months.

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The Iraq Papers: John Ehrenberg

Political science professor and author John Ehrenberg joined hosts live in the studio to talk about a book he had worked on with 4 other colleagues titled The Iraq Papers. (From the review) The book  offers a compelling documentary narrative and interpretation of this momentous conflict.  With keen editing and incisive commentary, the book weaves together original documents that range from presidential addresses to redacted memos, carrying us from the ideology behind the invasion to negotiations for withdrawal. These papers trace the rise of the neoconservatives and reveal the role of strategic thinking about oil supplies.

The authors also provide Congressional resolutions and speeches by President Bush, but internal security papers, Pentagon planning documents, the report of the Future of Iraq Project, and eloquent opposition statements by Senator Robert Byrd, other world governments, the Non-Aligned Movement, and the World Council of Churches.

John Ehrenberg:

• The book is a compendium of presidential speeches, position papers, news conferences.
• All the way from those who planned it beginning in the late 1990s to those who fought it in Iraq,
• This is not a neutral book, this is a reader with an attitude. It’s an anti-war reader. We try to be fair, and try to represent the many voices in the Iraq war. The lead up to the war so marked by misinformation, duplicity, lies, silence, everybody’s hands are dirty on this.
• As we debated, we really came to the one single variable that could be used to describe this war.
• with the fall of the Soviet Union is the late 80s, there arose in Washington a group of insiders who thought with considerable evidence that the world had passed from a bipolar system to a unipolar system, these groups became consolidated into groups one of which became PNAC (Project for the New American Century)
• Their view was that history had presented the US with a unique moment to cement its hegemony over the entire world.  It’s really as simple and scary as that.
• Why care about it now? A lot of reasons. To what extent did unilateralism and pre-emption simply mirror the longstanding trends in American foreign policy?  We split the middle and decided both were true.
• The people who signed PNAC go into the state department of the Bush Administration.
• The neo-conservatives haven’t disappeared. Every couple weeks, Dick Cheney gets on the air to attack Obama.  Sara Palin.
• The architecture of the Iraq war, the reasons for it are still alive and kicking.  There’s a very good piece in the NY Times that Gary Wills wrote.  He says it doesn’t matter how reformist he/she is that comes into power, confronts the “deep state”
• They are deep beneath the surface and are immune to democratic power and they are not touched by elections or anything else.  Coming into power (Obama) is confronted en mass by secret treaties, foreign obligations, military entanglements, hundreds of bases, hundreds of countries.
• Assuming he was honest, he would be unable to disentangle from that apparatus.  I think Afghanistan is a way to protect Obama from the right on charges of abandoning Iraq. I don’t think Obama’s people are under any illusions to think that they can do what others couldn’t in recorded history.
• This is a holding operation to provide them with cover.  We have a document called the Kubark, its a CIA manual (read manual) that became declassified a few years ago, that basically outlines all of the torture techniques.
• The basic orientation of the Bush foreign policy was organized around what we call pre-emption.
• These guys were clear in their intention, and the astounding thing is they announced their intention years before.
• None of this should have come as a shock to people. The claim was power trumps everything.
• You can’t solve political issues militarily, and that’s what the neo-cons were convinced they could do.

Guest – John Ehrenberg,  author of  Servants of Wealth, The Rights Assault on Economic Justice, and recently, The Iraq Papers. He’s also professor of political science at Long Island University.

 

 Law and Disorder January 18, 2010 [57:57m]: Play Now | Play in Popup | Download

Updates:

• Haiti Relief : Partners In Health
• Fahad Hashmi Vigil

—

Historic International Support: Gaza Freedom March Debrief

Hundreds of activists with the Gaza Freedom Marchers have returned from Israel, Palestine and Egypt bringing home incredible stories from the largest international mobilization of people in solidarity.  We hear first hand accounts from our own Michael Ratner who with his family were among the 13 hundred solidarity marchers. We are also joined by Felice Gelman who has also returned from the Gaza Freedom March. As many listeners may know, the Egyptian authorities refused to allow the 1,365 participants from 43 countries to enter the Gaza Strip, but later 100 people were let in to Gaza.

Felice Gelman / Michael Ratner:

• It was a remarkable event despite not getting into Gaza. 1400 people from 43 countries, Europe India, Australia, South Africa. Within 3 days the Egyptian government went from we need more info, we’re working with you to . . . you’re not coming.
• We were unable to get a meeting place at any time for any group of people. The Egyptians said that any gathering of more than six people would be illegal.  One of the prerequisites in order to get into Gaza is you don’t engage with local opposition in Egypt. In a way it was a perfect demonstration of what the siege in Gaza is all about.
• Egypt is a police state. There are 2 million police for a population of 60 million.
• Egyptian police are very brutal with their people. They’re disappeared, they’re tortured. No room for democracy. No support for a civil society to express itself to protest.
• The thing that was incredible was the number of Egyptians that wanted to join us.  There were a couple of instances where people were hurt. The secret police would try to single people out at a demonstration and punch or hit them.
• They would identify women who were Muslims. I don’t know if was that they were Egyptian and they (secret police) thought they could get away with it. They beat up a 12 year old girl and a 75 year old woman, they were not discriminating.
• Egyptians (opposition) joined in with GFM demonstrations in Cairo.
• We had a demonstration at the US Embassy in Cairo, the police surrounded them for five hours before they could get into Embassy. The US Embassy didn’t seem to think that this was bizarre until they were reminded of their legal obligation to help their citizens.
• the US Embassy informed the Egyptian police that they had no objection of us going to Gaza.
• There were some people who went to Al-Arish, and the Egyptian police were onto that. They surrounded a hotel in Al-Arish
• (Michael Ratner) I can’t imagine the logistics and the organizing nightmare it was for you guys
• I can’t think of a time since the Spanish Civil War, that there was a contingent of such size and national breadth that traveled to assist people in their distress from a brutal attack.
• I think this was an incredible demonstration of where the world stands on Gaza.
• My kids 19 and 21, seeing people with the courage to go to these demonstrations from all over the world. Out of that I think there will be a global organizing structure.
• The other thing is the drafting of the Cairo Declaration, drafted by the South African delegation.  Calling on the ending of the occupations of Gaza and the West Bank, primarily with global BDS movements.  (Palestinian unified call)
• When Gaza was getting attacked, it was the South African trade unionists that refused to load the weapons that were being sent to Israel.
• The potential for labor to move on this is enormous and powerful.
• The Gaza Freedom March website will be handed over to the committee working on the Cairo Declaration.
• New York Report Back – Judson Memorial Church January 21 / 55 Washington Square S.

Guest: Felice Gelman, member of the Wespac Middle East Committee and a member of the Steering Committee that organized The Gaza Freedom March. She has traveled to Gaza twice since the Israeli invasion last year.

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The Response: Sig Libowitz – Combatant Status Review Tribunals

January 11, 2010 marked the 8th anniversary since the Bush administration turned the US Naval Base at Guantanamo Bay, Cuba into a “enemy combatant” detention facility. Essentially re-commissioning the base as a torture chamber and legal black hole, where prisoner suicides are considered acts of war.  As we’ve reported on in the last few months, the Obama administration has held on to the power to allow for a preventive detention system that would indefinitely jail terror suspects in the United States without trial.  Meanwhile, military tribunals are now mainstream news, the tribunals are called Combatant Status Review Tribunals, where military justices discern who is an enemy combatant.  These trials are also the subject of a 30 minute film titled The Response. The film is written and produced by actor Sig Libowitz who is transitioning from being an actor playing an attorney on the TV series Law and Order, to becoming a real lawyer. While in law school, Libowitz was tranfixed by the tribunal process of no jury and no defense lawyer. The film is based on actual court transcripts and is shortlisted for The Academy Award. The Response is screening at Columbia University’s School of Law on January 20th at 6pm.

Sig Libowitz:

• Michael Ratner: First of all there was no real process for people in Guantanamo. Then we won the right to Habeas Corpus, to go into a federal court and challenge their detention. At that point the Bush Administration set up a special process in Guantanamo.
• As we depict in the film, this is a process where the detainees don’t have a lawyer, they are not provided with the evidence that’s against them. The real transcripts told the story of the detainees and the judges in these CSRTs. From that I saw an incredible movie, and incredible opportunity.
• Because, I thought I had an understanding of what Guantanamo was all about, then I read the transcripts (of a CSRT)  It gives a human dimension to the detainee and the military judges.
• Screening at Columbia Law School, Wednesday January 20th 6PM All the cast will be there and Shane Kadidal and Matthew Waxman.  We’ve screened the movie at the Pentagon.

Guest: Sig Libowitz, an American lawyer, actor, film executive and director.  Libowitz is notable for producing, directing and starring in a film, The Response, he wrote after reading some transcripts from Guantanamo captives‘ Combatant Status Review Tribunals. Libowitz is an executive for the acquisitions department of Turner Classic movies.  He had a recurring roles in The Sopranos and Law and Order.

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Free Fahad Hashmi

Fahad Hashmi a Pakistani born American student, has spent nearly 2 1/2 years in solitary confinement in a Manhattan detention facility.  He has been isolated for one of the longest periods in America as a suspect before trial.  Hosts reported on this case in March 2008, we spoke with Fahad Hashmi’s father Syed Anwar, and Fahad’s attorney Sean Mayer. Fahad is accused of storing waterproof socks, ponchos and raincoats. The US charges were based on allowing an acquaintance “Janaid Babar” to store this rain gear in the closet of his London flat. Janaid Babar was a paid government cooperator who has been used to testify against Muslims around the world.  Nicknamed ‘Supergrass’ by the British media, Babar was used by the UK government to testify against Omar Khyam and several other Muslim men in the so-called Fertilizer Case. Meanwhile Fahad’s trial is expected in January 2010, the prosecution will use Junaid as a main witness.  Hashmi has been held under the SAM’s Special Administrative Measures that include a 23 hour a day lockdown, constant video surveillance of his cell and limited visitation.

(Fahad’s Brother)Faisal Hashmi:

• I’m under SAMs as our family is. Our visits with him, we can’t talk about it, but I can say from open court, he looks frail, he looks jittery He’s been in solitary confinement for 2 and half years.
• He’s in the Metropolitan Correctional Center a few blocks from here. Within his own cell, he’s videotaped at all times. He’s not allowed to talk out loud. He has a microphone in his cell.
• This is about deconstructing a human being, depriving him of his humanity. He’s 29 years old.
• Charged with four counts of material support for terrorism. He stored ponchos and rain gear.
• In 2004, this acquaintance while working on his Master’s degree stayed with Fahad.
• This was January 2004, he went to the US in April 2004, was arrested, and became a cooperating witness for the US government.  At this time about 8 people got arrested, some in Pakistan, London and Canada, all on Junaid Barbar’s witness cooperation.
• In June 2006, my brother gets arrested. They tell Fahad, that Junaid gave the ponchos and gloves to Al-Qaeda and you gave material support to terrorists. You let Junaid use your cell phone, and Juanaid borrowed 300.00 from Fahad, saying that his ailing daughter needed the money. Fahad’s trial starts January 6, 2010
• FreeFahad.com This case has nothing to do with ponchos and socks.

Jeanne Theoharis:

• This is a case we need to be concerned about for those who value the first amendment. I had Fahad as a student in Brooklyn College in 2002
• There’s no way to understand this case without understanding the way Fahad was being watched many years ago even as a college student. We’ve sent a letter to the attorney general addressing 3 main issues, the conditions of his confinement, the way his due process is being violated and then first amendment issues.
• The letter was signed by more than 550 scholars and writers.  Organizing among the Muslim student community.
• Theaters Against War calling attention to Fahad’s case.
• Free Fahad Vigil January 18, 2010

Guests: Fahad’s brother Faisal Hashmi and Jeanne Theoharis, an associate professor of political science at Brooklyn College, City University of New York.  She was one of Fahad’s professors and she has been following this case.

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 Law and Disorder December 21, 2009 [58:01m]: Play Now | Play in Popup | Download

Updates:

• Lynne Stewart Visit in Prison
• Write to Lynne: Lynne Stewart / MCC-NY / Prisoner # 53504-054 / 150 Park Row 100007, NY, NY
• Jeffrey Luers – SUV Burning Case – 22 year sentence
• NLG  Report State Level Versions of AETA – Beyond AETA (PDF Report/White Paper)
  
• Green is the New Red
• Guantanamo Moves to Ilinois: Crossing the Rubicon: Preventive Detention

WBAI Listeners Click Here For Rundown on Tito Gerassi

———–

Lawyer’s You’ll Like: Rhonda Copelon Part II

This is the second part of our Lawyers You’ll Like interview with attorney Rhonda Copelon.  She is a professor at the Law School of the City University of New York and director of the school’s International Human Rights Law Clinic. Rhonda is also the Legal Advisor to the Women’s Caucus for Gender Justice.  Rhonda shares with us, her history of fighting for the constitutionality of the abortion cases in New York City and its effect on poor women in a pre-Roe v Wade climate.  She also discuss the Harlem 6 case. Let’s have a listen.

From Article on New International Criminal Court: “The breadth and specificity of gender crimes in the court’s enabling statutes are directly attributable to a global caucus of women that formed in 1997 in the face of apathy and active resistance to prosecuting gender-based crimes. “Women made a huge difference,” said Rhonda Copeland, a professor at the Law School of the City University of New York and director of the school’s International Human Rights Law Clinic.

“They made it impossible to ignore that women have been left out of justice and that we have to be in it,” Copeland said. “If there were nobody there saying ‘this is violence,’ I don’t know how it would have happened.”Rhonda shares with listeners, her history of fighting for the constitutionality of the abortion cases in New York City and its effect on poor women in a pre-Roe v Wade climate. She also discuss the Harlem 6 case.

Rhonda Copelon:

• Harris v McRae – Rhonda Copelon argued. The case tried to get the federal government to pay for poor women’s abortions.  We didn’t go to court to get medicaid for women, we went to court to save it.
• McRae has become a 2 line footnote in text books today and there’s a certain way that people have accepted that medicaid doesn’t have to pay for abortions
• 30 years is enough campaign.
• The more these terrible precedents come down, the more we absorb them as culture instead of viewing them as needing to be reversed.
• Historically, based on race and class, women have been treated differently in terms of their reproductive rights.
• When the original anti-abortion laws started to come in to the United States, it was primarily wanting to be sure that the white population of the US would not be out reproduced by the immigrant population and the way to do that was to cut back on abortion.
• The anti-abortion law, the original purposes was to increase reproduction among the elite and also to get rid of those women lay-healers.
• The original abortion laws were class based. In 20th century, class based eugenics laws, sterilization laws. Buck v Bell / you sterilize those who are socially inappropriate.
• Puerto Rican sterilization program. Before Roe v Wade, you couldn’t get a legal sterilization without the rule of 120.
• Religion twisted this around. The Catholic church in the mid 70s – a pastoral plan for pro-life activities.
• The goal was a human right amendment, which was a complete prohibition on abortion. Affecting poor women dependent on tax payer money.
• There’s a lot of evidence that the church went along with family planning in poor neighborhoods in the 60s because it had a population reduction role.
• When you get to abortion, they put the political / religious ahead of the population goals, and what you get is this mobilization to stop medicaid funding for poor women.
• In 1978, you had a historic coming together of the Catholic church and the Protestant evangelicals on the issue of abortion.
• It’s very important to look at the role of extremist religion in this country. When you look at the mega-churches, the power they’ve had to undo the first amendment, in terms of establishment of religion.
• Hyde amendment: the cutoff of medicaid.

Guest – Attorney Rhonda Copelon, professor at the Law School of the City University of New York and director of the school’s International Human Rights Law Clinic. Rhonda is also the legal adviser to the Women’s Caucus for Gender Justice.

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(Encore Interview:) FBI Defends Use of Informants To Spy On Mosques

FBI Director Robert Mueller defended the practice of using informants to monitor mosques in the United States, despite being heavily criticized by attorneys, and Muslim American leaders. Last month a judge ordered the FBI to submit 100 documents detailing the bureau’s surveillance of Muslim leaders in California, which revealed the FBI paid informants to be provocateurs. These cases fit into patterns where paid informants (often a former felon) entice innocent people into a crime, not unlike the Liberty 7 case, the Fort Dix case and the Memorial Day weekend terror plot in upstate New York.  In the New York case, Mike German, a former FBI agent of 16 years and now an attorney with the ACLU told Law and Disorder, they “could have wrapped up without making it seem like they’re saving New York City from this terrible destruction.” The media then reports the story which will often prop up the ongoing “War on Terror.”

Shakeel Syed:

• Council of Islamic Organizations sent a letter to Attny Gen. Eric Holder complaining about the FBI infiltration and harassment
• We are baffled at this time, there is a great deal of surplus of rhetoric by the current administration and a deficit at the policy level.
• When Mueller says the FBI will escalate surveillance of mosques and the Obama Administration is silent, that disturbs me.
• This is legal religious bigotry, Mueller is lying in regard to they’re not surveilling the mosques but only the suspected individuals.
• I have stopped using the word provocateur, I shuffle between using the word provocateur and predator.
• Those targeted have pending immigration and naturalization files or converting from H1 visa to resident visa.
• When our community was doing outreach with public officers, I was in the FBI offices during 2003-2005, and I realized then I was being tailgated.
• My phone was tapped on. A few times the phone automatically dialed the local police.
• My hope as a Muslim American is that good American people will stand up in these challenging times.

Guest – Shakeel Syed, Executive Director of the Islamic Shura Council of Southern California.

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 Law and Disorder December 14, 2009 [57:56m]: Play Now | Play in Popup | Download

Updates:

• Veronica Jones – Mumia Witness Passes
  
• Cuban Five Resentencing Update
• Heidi Boghosian’s Father – Varujan Boghosian Gallery Opening
  
• CCR Torture Team Trading Cards Sent To Library of Congress
• (NEW) Michael Ratner – Muting Our Criticism of Obama: If We Don’t Speak Out Who Will?

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Family of Secrets:  The Bush Dynasty, the Powerful Forces That Put It in the White House, and What Their Influence Means for America

From the Kennedy assassination to Watergate to Prescott Bush’s ties to Nazi Germany, the book Family of Secrets: The Bush Dynasty, the Powerful Forces That Put It in the White House, and What Their Influence Means for America, digs into the hidden history of the Bush family.  Author Russ Baker takes on the Bush legacy with powerful investigative journalism. One review states that the chapter on George W Bush’s private life is worth the price of the book alone.  Baker also reveals George H Walker Bush’s connections with the CIA began in 1953, not when he publicly joined the agency in 1976.  Bush’s oil companies were used as fronts for the intelligence agencies around the world with an agenda controlled by power brokers.  Award winning investigative reporter Russ Baker also tells us why this insight into the Bush family is important to know now during the Obama administration.

Russ Baker:

• I was training investigative journalists in Yugoslavia 2002, and when I traveled Europe people were asking me what has happened to your country. I knew superficially what happened, but I didn’t know why it happened.
• From the son, I looked into the father,because had the father not been president, the son wouldn’t be president.
• George HW Bush had a secret past more than 20 years, preceding his appointment to the CIA in 1976
• George HW Bush, starts up offshore drilling companies that make no sense, very few customers, very few rigs, but he’s traveling all over the world. It’s perfect intelligence cover.
• They even put a rig in Cuba before the Bay of Pigs, they had Cuban exiles working there
• Ok, he’s working in intelligence, I assume that’s what he’s doing while he was a Congressman, an oil man, an ambassador to the UN. This is fascinating and also deeply troubling.
• I think what we’re looking at is a permanent construct of power.
• Journalists:  I don’t think they’ll say so publicly but privately they’ll tell you how scared they are, whether for their personal safety or they don’t want to lose their job.
• The Bush dynasty was the ultimate triumph of the military industrial complex that Dwight Eisenhower, a formal general had warned us about.
• Harry Truman speech on the CIA: I signed the Act that created the CIA, but they never told me the kinda things that they got in to.
• The Bush Family: You see them as the ultimate operatives on behalf of the coalition of powerful Wall St. interests, military contractors, resource extraction mining interests, going all over the world to bring back the plunder essentially.
• They (Bush family) are the representatives, they are not the bosses.
• Obama:  It’s very difficult to go against these interests. Our economy runs on war, it’s very difficult to undo that.
• I, myself was naive, and I covered politics for more than 20 years, and I never understood the extent at which democracy is subverted.
• Power in America resides in pool of people about whom we’ve never even heard, the only way you find out is if you look at these Fortune 1000 lists.  This is not a conspiracy, it’s just the way things work.
• Michael Smith: When I was starting out and learning how this country works, I was reading C.Wright Mills, Ferdinand Lunberg.
• Guest host Jim Lafferty: This is a matter of commonality of interests that run this country
• Whowhatwhy.com – specialized in doing deep politics investigation – historic epics that haven’t been properly explored.
• Everybody hated Kennedy except the people.

Guest – Russ Baker is an award-winning investigative reporter with a track record for making sense of complex and little understood matters. He has written for the New Yorker, Vanity Fair, the Nation, the New York Times, the Washington Post, the Village Voice and Esquire. He has also served as a contributing editor to the Columbia Journalism Review. Baker received a 2005 Deadline Club award for his exclusive reporting on George W. Bush’s military record. He is the founder of WhoWhatWhy/the Real News Project, a nonpartisan, nonprofit investigative news organization, operating at whowhatwhy.com.

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MondoWeiss: The War of Ideas In the Middle East

Did the recent bombing of Gaza and killing of 1400 Palestinians create a breakdown in the traditional Jewish American support for Israel?  In the first of its kind, last month’s J Street Conference brought together 1500 people to the meeting aimed at ending the Arab-Israeli and Israeli-Palestinian conflicts peacefully and diplomatically. The conference is a political arm of the pro-Israel pro peace movement that also lobbied more than 100 members of Congress to press forward with the peace process and two state solution.

Meanwhile the Boycott Divest and Sanction movement gains momentum and Code Pink activists continue to protest, demonstrate in and around Gaza. As many listeners may know living conditions in the Gaza Strip has deteriorated. Salt water has contaminated a large percentage of drinking water and is damaging the kidneys of Palestinian children.

Philip Weiss:

• J Street is the alternative Israel lobby or alternative Jewish lobby because they identify themselves as a Jewish organization.
• They are taking on AIPAC, which has traditionally taken on the role to shape the US response to Israel.
• It was landmark moment in changing the original purpose of the Israel lobby to speak with one voice
• Here’s a lobby that says. . guess what? Jews are not going to speak with one voice, we’re going to have a lot of different voices that contend on this issue.
• Finally there’s a little bit of fragmenting of this reactionary force of AIPAC and the Israel lobby.
• 160 Congressmen were at the J Street Conference in Washington DC. You saw lefty-Jews with a spring in their step.  The conference disappointed me in a number of ways, it only had Zionists, progressive Zionists.  It condemned the Goldstone Report
• There were some bright lights at this conference. It’s not that different from AIPAC in a number of ways.
• There was a strong sense if you were to speak there (J Street Conf.) you had to be a Zionist.
• Zionist: I think it is support for a Jewish state. We need a Jewish state because we could be persecuted again and we need to go somewhere.
• Generally the rank and file of these people are old Jewish leftys. J Street represents a break in the heresy. The heresy is that we speak with one voice.  This process of colonization continues in the West Bank, unabated basically.
• One state with an apartheid system and that’s going to be the struggle. I think if you scratch any Jew in this country he has some connection to Israel. For me it was the 9/11 thing. As they say.
• My brother said, I demonstrated against the Vietnam War, as I did, but my Jewish newspaper says the Iraq War could be good for Israel.
• I couldn’t avoid the issue anymore then when I confronted the issue I became this Palestinian Solidarity person.
• The desperation is heightened by the fact there’s so little recognition of that in the United States.
• Goldstone, a Jewish Jurist from South Africa who fought apartheid and Bosnian war crimes, that he could say. . look this is persecution . . and that can be so ignored, defied and stomped on in the United States. .it’s a horror.
• Our country can affect the situation ( In Gaza / West Bank)

Guest – Peter Weiss,  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. His website is called Mondoweiss, it explores Middle East policy and Israel/Palestine issues. Philip attended the J Street Conference 2 months ago.

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 Law and Disorder November 9, 2009 [57:58m]: Play Now | Play in Popup | Download

Updates

• Maher Arar Case – No Justice – Outsourcing Torture Made Legal?
• 23 People Convicted in Kidnapping Abu Omar – Victory in Italian Case – Abu Omar
• 22 Out of the 23 are CIA Agents
• Five NYC Men Abused and Detained During Post 9/11 Sweeps Settle Case
  
• Uighers Sent To Palau
  

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ENCORE:  Cuban Five Update: The Re-sentencing of Antonio Guerrero

Earlier this month, Federal Judge Joan A Lenardo replaced the life sentence for Antonio Guerrero, one of the Cuban Five.  Mr. Guerrero, a United States citizen, was convicted of spying for Cuba while working at the Naval Air Station in Key West.   His sentence was reduced to almost 22 years, which means he could be out of prison in nearly seven years. Mr Guerrero’s attorneys had asked for the sentence to be reduced to 240 months, but Judge Lenardo set it at 262 months.
Mr. Guerrero’s lawyer, Len Weinglass told the New York Times, it was an odd decision,  he said   “You have a man who was on a military base but who didn’t take a single classified document and no one testified that he injured U.S. national security, but the judge still rejects the prosecutors’ request to lighten the sentence.”  Transcript of Hearing

Len Weinglass:

• Antonio Guerrero who I represent, was originally sentenced to life in prison.
• The appellate courts reduced the life sentence for the conspiracy to commit espionage against 3 of the Cuban Five
• The decision only remanded life sentences for ultimately 2 of the Cuban Five including Antonio Guerrero
• We returned to Miami for the re-sentencing on October 13.  Prior to the re-sentencing, we negotiated with the government on the issue of re-sentencing alone, making it clear there was no admission of guilt on the underlying charge, which we are still contesting on a later collateral attack.
• We agreed that it should come down from a life sentence to a period of 20 years.
• In Miami, the judge took the very unusual step of setting the agreement aside, and set the term to 21 years and 10 months.
• You can’t give a life sentence ( in this case) on what they intended to get, you can only give a life sentence  on top secret information they did get. So, the original life sentence was wrong.
• When we got into the re-sentencing hearing, she got back to her original position as if the appellate court hadn’t ruled.
• I got very upset, the courtroom was packed. Packed with the same old crowd. The crowd in Miami that backs these para-miltary forces, they put the widows up front.
• I got upset at what I sought to be a climate that was being generated in that hearing and so I reminded the judge very forcibly that she was sentencing an individual not a country.
• I had given the court government documents from the Bureau of Prisons, all of them saying that Antonio Guerrero who was serving a faulty life sentence, and sent to a maxium security prison, which he shouldn’t have been sent, because the sentence was wrong.
• But the warden, his counselor and the supervisor of the unit, all extolled his behavior and most significantly pointed out that he had helped save a number of inmates all of whom were doing life sentences, from an encouragable future, by training them in English and Math and overseeing them getting their GED.
• At that time, she was about to pronounce sentence, then she stopped, walked off the bench.
• When the judge came back, the first thing she did is recite a Supreme Court decision, all federal judges must sentence an individual according to his character.
• Antonio was 39 when he was arrested and he will be nearly 60 when he is released. That’s the heart of a lifetime.
• There was no acknowledgment of context here. That this was provoked by a pattern of violence by the US directed at Cuba. Where more than 3000 people have died in the past 40 years from violence coming from Southern Florida.
• The Cuban Five performed their task, nobody was harmed, no property damaged and they end up with life sentences for that operation.
• It came to light that the federal government was paying members of the press in Miami as part of their anti-Castro campaign to write articles about this case that were highly prejudicial. People who were reporters but were on the federal payroll.
• Can the government be responsible for creating a prejudicial atmosphere?
• He was at the most hard-nosed prison and after seven years the warden of that prison wrote the Regional Bureau of Prisons, asking that Antonio be released from that prison.  He doesn’t belong, there, he is a lovely sensitive man.

Guest – Attorney Len Weinglass, who represented the Cuban Five, as William Kunstler’s younger partner, Len Weinglass was considered the work horse of the defense team. He’s worked on a number of political cases including the Pentagon Papers trial and the Angela Davis case. He’s a Yale Law School graduate and former U.S. Air Force Captain.

—–

Will The Sun Set On Surveillance? Patriot Act Reform

Recently, the House of Representatives introduced their own USA Patriot Act reform bill, responding to the Patriot Act renewal bill approved by tthe Senate Judiciary Committee. The Electronic Frontier Foundation says it’s a significant improvement over the earlier Senate bill that gave more authority to government spying power. The renewal bill was introduced by House Judiciary Committee Chairman John Conyers, Jr. and others including Civil Liberties Subcommittee Chairman Jerrold Nadler; and Crime, Terrorism, and Homeland Security Subcommittee Chairman Bobby Scott. These bills are proposals that could pave the way to dismantle the broad surveillance and overreaching executive power currently intact.

Kevin Bankston:

• Patriot passed after 9/11/2001 – a lot of the provisions were set to expire in 2005, most of those were renewed, but there were 3 provisions left to expire in the end of 2009.
• Provisions that expanded the government’s power to get orders from the Foreign Intelligence Surveillance Court or any tangible thing, mostly business records. They’re mostly called section 215 orders, under the Patriot Act section 215.
• Roving wiretaps, more accurately roving “john doe” wiretaps. One that doesn’t name target, or address of target. (These sound the like the warrants our founders rebeled against)
• Lone Wolf authority, whereby the government can get wiretapping authorities from the FISA court for people who are unrelated to any foreign power but are suspect to engage in or preparing to engage in crimes related to terrorism.
• The Lone Wolf authority begins to un-moor from the Foreign Intelligence Surveillance Court – it looks to be unconstitutional under the fourth amendment. Most in Obama Administration want this to expire.
• Those are the 3 set to expire. Though worrisome, more worrisome is the National Security Letter Authority, whereby the FBI can write a letter to the court, without suspicion of terrorism, and get bank, telephone and internet records.
• The Justice Act – Senator Feingold / Durman – reform patriot act authorities- including FISA surveillance act passed last summer, which allows foreign surveillance of Americans.
• Also, repealing telecom immunity – Reforming the Patriot Act without addressing FISA is like rearranging deck chairs on the Titanic.
• Unfortunately, Senator Leheay, instead of sponsoring Feingold’s Justice Act reform bill, came out with his own bill that didn’t address the FISA amendment acts at all. That was the bill the Judiciary Committee considered 6 weeks ago.
• The Republicans offered to remove reforms to the already watered down bill, and the Republicans say they got their reforms from the Obama Administration.  The Obama Administration is not only falling down on its promise to reform the Patriot Act, it is working through Republicans to make these bills even worse.
• So that’s when the USA Patriot Act reform bill, responding to the Patriot Act renewal bill approved by the Senate Judiciary Committee was proposed.
• We have 2 lawsuits, the first was brought against AT&T in early 2006 based on news reports and whistle blower evidence based on an AT&T technician info, that the NSA had backdoor access to key domestic communication switches.
• Whereby the NSA was sucking up millions upon millions of communications and then sorting out the stuff they were interesting in.
• If the telecom companies aren’t willing to say “NO” when the government secretly comes to them and asks them to break the law, then all of our privacy is in big trouble.
• We sued AT&T and then Congress passed this Telecom Immunity last summer, and our case along with others were dismissed. If the Repealing of the Telecom Immunity passes, our cases will be revived.
• Obama can end the Telcom Immunity right now, and have Attorney General Holder withdraw the certification on which the immunity is based.

Guest -  Kevin Bankston, senior staff attorney specializing in free speech and privacy law, was the Electronic Frontier Foundation’s Equal Justice Works/Bruce J. Ennis Fellow for 2003-05. His fellowship project focused on the impact of post-9/11 anti-terrorism laws and surveillance initiatives on online privacy and free expression. Before joining EFF, Kevin was the Justice William J. Brennan First Amendment Fellow for the American Civil Liberties Union in New York City. At the ACLU, Kevin litigated Internet-related free speech cases, including First Amendment challenges to both the Digital Millennium Copyright Act (Edelman v. N2H2, Inc.) and a federal statute regulating Internet speech in public libraries (American Library Association v. U.S.). Kevin received his J.D. in 2001 from the University of Southern California Law Center, and received his undergraduate degree from the University of Texas in Austin.

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