Law and Disorder Radio

Archive for the 'Habeas Corpus' Category


Law and Disorder August 31, 2015


Update:

  • Remembering Julian Bond, Social Activist, Civil Rights Leader, Politician, Professor and Author.

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Heidi Boghosian: Prevent Police Killings Before They Happen

America has awakened in the past year to the epidemic of police killings of unarmed civilians, many of whom are African-American. The list of names grows longer by the week — Eric Garner, Michael Brown, Tamir Rice, Freddie Gray, Rekia Boyd, John Crawford and Sandra Bland to name several recently. Each time one of these criminal acts is committed, a cry goes up to prosecute the police officer responsible and bring justice to the victim. Read More.

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

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Ellen Ray: Co-Publisher of Covert Action Information Bulletin

Last week family and friends gathered at St Marks In The Bowery Church to remember documentary filmmaker, publisher, journalist and activist Ellen Ray.  Ellen Ray was co-publisher of the magazine Covert Action Information Bulletin, which exposed CIA covert actions around the world, publishing the names of hundreds of CIA agents. As a result, the law changed (The Intelligence Identities Protection Act of 1982)  making it illegal. As head of Sheridan Square Press, Ellen Ray published the memoir of New Orleans District Attorney Jim Garrison, which became the basis of Oliver Stone’s film, “JFK.” Ray is survived by her husband, attorney Bill Schaap, she was 75. Text of the speech by Michael Smith. Here is the video produced Joe Friendly.

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Different Ways to Skin a Cat: From the US Assassination of Che to Obama’s Recognition of Cuba

We hear a speech delivered by our own Michael Smith at Socialism Conference in Chicago titled Different Ways to Skin a Cat: From the US Assassination of Che to Obama’s Recognition of Cuba. The highpoint of U.S. counter-revolutionary policy towards Latin America came with its murder of Che Guevara, in Bolivia and the overthrow of governments including Allende’s in Chile, thus isolating Cuba throughout Latin America. Now the U.S. is isolated and the American government has had to change its tactics. The strategy of overthrowing the gains of the Cuban revolution and capitalist restoration remain.

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Law and Disorder August 10, 2015


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Lawyers You’ll Like : Attorney Linda Backiel

As part of our Lawyers You’ll Like series today we speak with attorney Linda Backiel. She’s a lawyer and poet living in San Juan, Puerto Rico. She’s played an instrumental role in defending independentistas in the fight against colonialism in Puerto Rico. As part of that struggle she defended those who were ultimately successful in kicking the military out of Vieques. A small island near Puerto Rico. For 40 years of law practice, she devoted much of her energy to the defense of political prisoners often with her friend and mentor, Lenny Weinglass. A Poem For Lenny Weinglass.

Guest – Attorney Linda Backiel, a criminal defense attorney and poet living and practicing law in San Juan, Puerto Rico. Here is Linda Backiel’s transcript  from the talk she gave at the celebration of the 50th anniversary of the Criminal Justice Act.

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Rubin “Hurricane” Carter 1937-2014

In April of this year, celebrated boxer and prisoner-rights activist Rubin “Hurricane” Carter died at the age of 76. He had become an international symbol of racial injustice after his wrongful murder conviction forced him to spend 19 years in prison. Carter was arrested for a triple murder in his hometown of Patterson, New Jersey. He said he was innocent, was convicted by an all white jury, and sentenced to three consecutive life sentences. In 1976, the New Jersey State Supreme Court overturned his conviction on grounds the authorities withheld material evidence from the defense. But Carter was convicted again in a second trial in 1976. In 1985, that conviction was overturned by a U.S. district court judge, who concluded the state made an unconstitutional appeal to racial prejudice. In 1988, the Passaic, New Jersey, Prosecutor’s Office dropped all charges against Carter.

Attorney Myron Beldock:

  • He was a defendant in a criminal case in New Jersey involved the triple shooting and three murders of 3 people in the Lafayette bar in Patterson, New Jersey.
  • He and his co-defendant John Artis were represented at the first trial and they lost, (convicted) and Rubin started his campaign to get out of jail and wrote his book the 16th Round.
  • He was charismatic and powerful, a great thinker, very very intellectually strong person as well as being spiritually strong.
  • Almost a typical case, high profile case, where you get people who are vulnerable and easily manipulated because of their need for their own benefits to falsely testify.
  • We set aside the convictions when we learned about the benefits that were given to the witnesses.
  • We went again to trial in 1975. At that time the atmosphere had changed. There was a new prosecutor, they came up with a theory that it was actually a racial revenge killing.
  • Earlier that night, a white former bar owner had shot and killed the black purchaser of the bar from him.
  • That was always known and there was no motives attributed to the killings in the first trial but the second trial really based on speculation and bias, they argued persuasively to the jury that this was a racial revenge killing.
  • Mr. Bellow who was the supposed eye witness who testified, there were two of them in the first trial, was being questioned by me on the stand as to why he recanted his recantation. The prosecutor persuaded him to again tell the story he told at the first trial, identifying Rubin and John and I was trying to establish that they had falsely manipulated him when I was pulled into the chambers along with my co-counsel Louis Steele who represented John Artis and told that if I question him further, the jury would learn that he passed the lie detector test, supporting what he said at the first trial. Supporting his identification (of Rubin Carter)
  • We did have that test. It seemed like that was the result because that’s the way it was written. In fact that was a fraud.
  • The polygraph results were completely opposite of what they were purported to be.
  • The prosecutors in that case, two of them became judges, rewarded for what they did.
  • Rubin was not a popular person, he had been an outspoken civil rights person.  It was a cesspool of rumors without any evidentiary basis.
  • The entire community there almost in Passaic New Jersey treated us like we were the devil.
  • It was the coldest community reception I ever encountered in any place.
  • Rubin would call every year (from Canada) on the anniversary of his release.  He got a group of Canadian do-gooders and free thinkers to join him in fighting to set aside convictions for people who were wrongly convicted in Canada.
  • He would vet the briefs that we sent. He was a very unusual client.
  • Rubin refused to act as a prisoner because he wasn’t anyone who was guilty he said.
  • So, he didn’t eat prison food, he didn’t take prisoner assignments, he didn’t wear prison clothes and somehow or other he was able to pull that off.
  • People think of it as being another time, I’ve been practicing law long enough and I don’t think anything changes.
  • The same kind of bias runs deep throughout the community its just masked somewhat differently.
  • You make your luck in these cases, you have to forge ahead.
  • His insistence on being an innocent person and will not compromise with the system is the kind of inspiration that pushes us on as lawyers.

Guest – Attorney Myron Beldock, graduated from Erasmus Hall High School in 1946, Hamilton College in 1950 and Harvard Law School in 1958. He served in the U.S. Army from 1951 to 1954 and as an Assistant U.S. Attorney in the Eastern District of New York from 1958 to 1960. After several years as an associate with a small New York City firm and as a single practitioner, he brought together two friends and former Assistant U.S. Attorneys, Elliot Hoffman and Larry Levine, to form Beldock Levine & Hoffman in 1964. He is best described, by his own definition, as an old-time general practitioner. He concentrates on trial and appellate litigation, in state and federal courts, in defense of criminal charges and in pursuing plaintiffs’ civil rights actions based on police and prosecutorial misconduct and employer and governmental discrimination. He regularly consults and defends charges of professional discipline. He represents plaintiffs and defendants in a wide variety of personal and business related matters, working with others in the firm’s various practice areas.

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Law and Disorder July 27, 2015


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Cuban Embassy Reopens in Washington DC After 54 Years

The Cuban Embassy had closed down in 1961. It reopened on Monday July 20, 2015. The Cuban flag was flown in front of the three-story building in Washington D.C. Our own Michael Ratner and Michael Smith were there and report back. Let Cuba Be Cuba: An Embassy Re-Opens In Washington by Michael Steven Smith.

Law and Disorder Co-host Attorney Michael Ratner,  President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books Who Killed Che? How the CIA Got Away With Murder, The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.

Law and Disorder Co-host Michael Steven Smith is the author, editor, and co-editor of many books, mostly recently Imagine: Living In A Socialist U.S.A. and “The Emerging Police State,” by William M. Kunstler. He has testified before committees of the United States Congress and the United Nations on human rights issues. Mr. Smith lives and practices law in New York City with his wife Debby, where on behalf of seriously injured persons he sues insurance companies and occasionally the New York City Police Department. Michael Smith has also organized and chaired the Left Forum.

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Greece Economic Crisis, More Austerity And The Plan Moving Forward

Two weeks ago we spoke with Dan Georgakas, a regular columnist for the Greek American newspaper the National Herald. Dan is the co-author of the book Detroit, I Do Mind Dying. He joins us for an update.

Guest – Dan Georgakas, regular columnist for the National Herald, the leading Greek American weekly newspaper co-author of Detroit: I Do Mind Dying and co-editor of Solidarity Forever: An Oral History of the IWW.  He was a frequent contributor to now defunct Journal of the Hellenic Diaspora and the Journal of Modern Hellenism. Dan has taught at NYU, CUNY, Van Arsdale Labor College, Columbia University and University of Oklahoma.

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Susan Rosenberg, An American Radical Discusses President Obama’s Record Of Pardons And Commutations

Using his presidential pardon power sparingly, President Barack Obama recently ordered the release of 46 nonviolent drug offenders. Despite his calls for reducing the size of the nation’s prison population, and despite making history as the first president to visit a federal prison, his record on pardons and commutations is not great. According the U.S. Department of Justice which has recorded clemency statistics since William McKinley presidency, Obama has granted the least number of pardons in history. President Obama also has the 4th lowest number of recorded commutations.

Guest – Susan Rosenberg is a human rights and prisoners rights advocate, adjunct lecturer, communications consultant, award-winning writer, public speaker and a formerly incarcerated person.  Her memoir, An American Radical, details her 16 years in federal prison as well as her conclusions about her prison experience and her past She was released from prison in 2001 through executive clemency by then President Bill Clinton. Upon her release she worked at American Jewish World Service for 12 years beginning as a writer then becoming the director of communications. Post-AJWS Susan has worked extensively in the nonprofit communications field with a focus on human rights and international development.. She is the founder of Sync It Communications, a communications-consulting group working on strategic communications with an emphasis on international human rights and criminal justice. She is also an adjunct lecturer at Hunter College and a member of the prison writing committee of PEN America. Susan has spoken widely at conferences and universities on prison issues. She is working on another book as well as other creative projects.

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Law and Disorder June 22, 2015


Updates:

  • Michael Smith: Supreme Court Justice Scalia Calls Justice Ginsberg, “Goldberg”

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Law and Disorder Hosts Remember Ellen Ray, Co-Publisher of Covert Action Information Bulletin

Law and Disorder hosts remember Ellen Ray. She was a documentary filmmaker, publisher, journalist and activist.  Ellen Ray was co-publisher of the magazine Covert Action Information Bulletin, which exposed CIA covert actions around the world, publishing the names of hundreds of CIA agents. As a result, the law changed (The Intelligence Identities Protection Act of 1982)  making it illegal. As head of Sheridan Square Press, Ellen Ray published the memoir of New Orleans District Attorney Jim Garrison, which became the basis of Oliver Stone’s film, “JFK.” Ray is survived by her husband, attorney Bill Schaap, she was 75.

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Magna Carta and Charter of the Forest 800 Year Anniversary

Law and Disorder Co-host Michael Ratner describes the meaning behind “Freedom Under Law” inscribed on a plinth that’s erected at the site commemorating the Magna Carta in England. Michael references past guest Peter Linebaugh and his books including The London Hanged when discussing the sister document The Charter of the Forest. The Charter of the Forest formed the protection of subsistence rights for people to the woodlands. The woods was the form that hydrocarbon energy took. There’s a parallel with the protection of woodlands for all, back then, and our own oil economy. Common Rights for oil, share in the wealth of commons.

 

Law and Disorder Co-host Attorney Michael Ratner,  President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books Who Killed Che? How the CIA Got Away With Murder, The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.

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Academic Freedom Case Update: Professor Steven Salaita

Today we want to bring you important updates on the case of Professor Steven Salaita. Steven Salaita was about to take his tenured job at the University of Illinois-Urbana when he got fired. He got fired because of his impassioned defense of Palestinians and his criticism of the massive Gaza war that was killing thousands of Palestinians. He brought a lawsuit and is represented by the Center for Constitutional Rights and a firm in Chicago Loevy and Loevy. As part of the whole process of fighting back against the University of Illinois, lawyers filed a FOIA request for all the letters sent to the University of Illinois regarding Steven Salaita. A lot of these most likely came from donors who were objecting to the hiring of Steven Salaita. We don’t know yet but last the court gave an order that 9000 emails to Steven Salaita and his lawyers. We’ll talk about that victory.  In addition there was a meeting last week of the AAUP, the American Association of University Professors and they censured the University of Illinois Urbana for firing Steven Salaita.

Guest – Maria LaHood, Deputy Legal Director at the Center for Constitutional Rights with expertise in constitutional rights and international human rights. She works to defend the constitutional rights of Palestinian human rights advocates in the United States in cases such as Davis v. Cox, defending Olympia Food Co-op board members for boycotting Israeli goods; Salaita v. Kennedy,representing Steven Salaita, who was terminated from a tenured position for tweets critical of Israel; and CCR v. DOD, seeking U.S. government records under the Freedom of Information Act (FOIA) regarding Israel’s 2010 attack on the flotilla to Gaza. She works closely with Palestine Legal to support students and others whose speech is being suppressed for their Palestine advocacy around the country. She also works on the Right to Heal initiative with Iraqi civil society and Iraq Veterans seeking accountability for the lasting health effects of the Iraq war.

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Law and Disorder June 15, 2015


 Updates

  • Michael Ratner Update: Iraqi Woman Sues Bush Administration for Illegal Iraq War
  • Remembering Ronnie Gilbert from The Weavers

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The Campaign To Free Oscar Lopez Riviera

There’s been a long struggle by Puerto Ricans here in the United States for the independence of their native land Puerto Rico. Oscar Lopez Riviera was one of these people. He was framed up on the political charge of seditious conspiracy and has been in prison since the 1980s. All his co-defendants in the original trial have now been freed but he remains locked up and there is a campaign going on in the United States right now to free Oscar Lopez Riviera.

Guest – Attorney Jan Susler joined People’s Law Office in 1982 after working for six years as a Clinical Law Professor at the legal clinic at Southern Illinois University’s School of Law, Prison Legal Aid. At the People’s Law Office she continued her litigation and advocacy work on prisoners’ rights issues and also took on representing people wrongfully imprisoned, falsely arrested, strip searched, or subjected to excessive force by police officers.

Her long history of work on behalf of political prisoners and prisoners’ rights includes litigation, advocacy and educational work around federal and state control unit prisons in the U.S. Her work with the Puerto Rican Independence Movement and with progressive movements challenging U.S. foreign and domestic policies has been a constant throughout her 36 years as a lawyer. She was an adjunct professor of criminal justice at Northeastern Illinois University, and taught constitutional law at the University of Puerto Rico.  For over three decades she has represented Puerto Rican political prisoners, and she served as lead counsel in the efforts culminating in the 1999 presidential commutation of their sentences. She continues to represent those who remain imprisoned.
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Genocide In The Middle East, The Ottoman Empire, Iraq and Sudan

Here on Law and Disorder we’ve discussed genocide. Genocide of course, we’ve most recently discussed with our co-host whose family was effected by the Armenian genocide, we’ve discussed that genocide. We’ve also discussed the question of whether what has happened to Palestinians the Middle East also constitutes as genocide.

Guest – Hannibal Travis teaches and conducts research in the fields of cyberlaw, intellectual property, antitrust, international and comparative law, and human rights. He joined FIU after several years practicing intellectual property and Internet law at O’Melveny & Myers in San Francisco, California, and at Debevoise & Plimpton in New York. He has also served as Visiting Associate Professor of Law at Villanova University, and a Visiting Fellow at Oxford. He graduated summa cum laude in philosophy from Washington University, where he was named to Phi Beta Kappa. He graduated magna cum laude from Harvard Law School, where he served as a member of the Harvard Journal of Law and Technology and the Harvard Human Rights Journal, and as a teaching assistant in Harvard College. After law school, Professor Travis clerked for the United States District Court in Los Angeles, California. Professor Travis has published articles on copyright, trademark, and antitrust law in the Berkeley Technology Law Journal, Hofstra Law Review, the Journal of the Copyright Society of the USA, Notre Dame Law Review, Pepperdine Law Review, University of Miami Law Review, Vanderbilt Journal of Entertainment and Technology Law, Virginia Journal of Law and Technology, and Yale Journal of Law and Technology.

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Law and Disorder June 8, 2015


Updates:

  • Ireland Same Sex Marriages
  • DOJ Reaches Settlement With Cleveland Over Police Excessive Use Of Force
  • Inquiry to Examine Racial Bias in the San Francisco Police
  • Wyoming Criminalizes Sharing Photos And Citizen Science

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Understanding The Cuban Reality: Michael Ratner

Our own Michael Ratner returns from Cuba and dispatches this update. The United States officially takes Cuba off the terrorist list. Cuba was placed on the terrorist list years ago along with  Iran, Syria and Sudan. Getting to Cuba is easier now that travel restrictions are decreased. Michael explains the importance in how Cuba maintains its fundamental economic rights in a non-capitalist government structure. Cuba also represents solidarity with the oppressed around the world and shares his personal experiences at Revolution Square in the early 70s. As the economic embargo continues to impact many facets of life for the people of Cuba, Michael Ratner points out the specific trade lifted by the Obama Administration were goods going from the United States to Cuba and not Cuba selling to the United States. The goal of every U.S. administration was to choke off and kill the Cuban Revolution. Lastly, Michael asserts that Cuba won’t become a U.S. neo-colony with IMF austerity plans privatizing state run enterprise.

Law and Disorder Co-host Attorney Michael Ratner,  President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books Who Killed Che? How the CIA Got Away With Murder, The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.

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US-Cuba Relations: What does “Normalization” Mean?

In December, Presidents Barack Obama and Raul Castro announced that the United States and Cuba would restore diplomatic ties and the remaining three of the Cuban Five were freed. This panel, with leading US-Cuba experts,will look at what’s behind the new policy, what it means on a political and economic level as well as for people-to-people relationships, political prisoners in Cuba, and Cuban support in the African Diaspora.

Speaker – Sandra Levinson, founder and Executive Director of the Center for Cuban Studies in New York City and Director of the Center’s Cuban Art Space who has traveled to Cuba more than 300 times, often as consultant to major news organizations. Sponsored by the National Lawyers Guild, NYC and NYU Chapters and International Committee.

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Law and Disorder June 1, 2015


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Firefight The Century-Long Battle to Integrate New York’s Bravest

It has taken nearly a century of well-orchestrated grassroots organizing to squarely address rampant racial discrimination in the New York City Fire Department. In 1919 Wesley Williams became the first African American firefighter. Yet by the beginning f the 21st Century, and with a population 2 million African Americans, the department still had only about 300 black firefighters, lagging far behind other uniformed departments like the police. And overt racism still plagued the FDNY.  Although women and African Americans had sued the FDNY’s hiring practices—and prevailed in court—the fire department never enacted steps to eradicate hiring inequities. A court battle ultimately ensued between Mayor Bloomberg and the well organized Vulcans, the Society of Black Firefighters.

Finally in 2014, the City settled a $98 million discrimination lawsuit mandating changes to the qualifying test for firefighters and to hiring practices in the Fire Department.

The new book “Fire-fight: The Century-long Battle to Integrate New York’s Bravest” lays out the compelling story of this hard fought quest to break through a tightly knit culture in which whites and predominantly Irish exerted a hold on who entered the fire department.

Guest – Ginger Adams Otis has been writing about New York City and local politics for more than a decade. She is a staff writer at the NY Daily News. Otis started covering City Hall and the Fire Department when she worked for The Chief-Leader, from there she moved to staff position at the NY Post. She’s also been a radio and print freelancer for WNYC, the Associated Press, BBC, National Public Radio, The Village Voice and national magazines such as The Nation and Ms. She lives in Harlem, NY.
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Supporters Fight to Reinstate Teacher Who Allowed Students To Send Mumia Get Well Cards

Third grade elementary school teacher Marilyn Zuniga was recently fired from her job for allowing her students to write get well cards to the gravely sick Mumia Abu-Jamal who is in prison in Pennsylvania. We speak today with Larry Hamm, the founder and chairman of the New Jersey civil rights organization Peoples Organization for Progress.

Send a letter care of :

Orange New Jersey Public Schools
c/o Orange Public School Board Secretary Adekunle O. James
Patricia Arthur
451 Lincoln Avenue
Orange, NJ 07050

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Supporters are asked to contact the Orange School system at:

Orange Superintendent of Schools, Ron Lee
Email: leeronal@orange.k12.nj.us
Phone #: 973 677-4040

Forest Street School Principal, Yancisca Cooke
Email: cookeyan@orange.k12.nj.us Phone # 973.677.4120

Board Secretary, Adekunle James
Email: jamesade@mail.orange.k12.nj.us

Orange Brd of Ed phone #: 973 677-4000

Guest – Lawrence Hamm, civil rights activist and advocate for African-American people and the cause of human rights for more than 30 years. Raised in Newark New Jersey, he attended public schools and emerged at age 17 as a forceful and articulate spokesperson for the educational needs and aspirations of Newark students and the community. He was appointed to the Newark Board of Education, making him the youngest school board member in the United States. While at Princeton University (Larry received his Bachelor’s degree there in 1978) Larry distinguished himself during the anti-apartheid movement by organizing student protests and calling attention to Princeton’s financial investment in apartheid South Africa. These protests, and the rising tide of public indignation, resulted in Princeton University’s divestment in the apartheid South African economy. Larry Hamm’s impact as a student activist at Princeton is chronicled in the documentary film, “Blacks at Princeton.” After graduation, Hamm returned to Newark and became active in local politics. He served as district leader and president of the 24th District Assembly. Larry was the founder and director of the People’s Energy Cooperative, a community fuel oil cooperative. He served as the Director of the Community Organization Program for the United Church of Christ Commission For Racial Justice.

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Law and Disorder May 4, 2015


Updates:

  • Heidi Boghosian:The Committee To Save Mumia Abu-Jamal Places Ad In New York Times – “Mumia Abu-Jamal Is Dying In Prison From Medical Neglect”

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Listen Yankee: Why Cuba Matters

As relations between the United States and Cuba are radically changing, Tom Hayden’s new book Listen Yankee! Why Cuba Matters is especially timely. It offers thoughtful analysis and insights into the efforts of intellectuals, social justice activists and politicians that helped bring about normalization efforts.

Listen Yankee is both a historical account and personal memoir of Hayden as a revolutionary student leader and SDS founder whose own early work to spur poetical change mirrored the transformation going on in Cuba. His book is based in part on conversations with Ricardo Alarcon, one of the leaders of the revolution,. UN representative and a former guest of Law and Disorder.

Guest – Tom Hayden was a leader in the student, antiwar, and civil rights protests in the 1960s. He took up the environmental cause in the 1970s, leading campaigns to shut down nuclear power plants and serving as California’s first solar energy official. He was elected to the California legislature in 1982, serving for eighteen years. He continues to write as an editor for The Nation, and has taught at many campuses from Harvard’s Institute of Politics to UCLA’s labor studies

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Baltimore and the Human Right to Resistance: Rejecting the framework of the Oppressor

Events continue to unfold within Baltimore, Maryland in response to the police murder of Freddie Gray. Today we examine how stereotypes are perpetuated of the rebels in the streets. The mainstream press, pundits and elected officials black and white call them thugs.

Guest – Ajamu Baraka is a human rights activist, organizer, geo-political analyst and editor and contributing columnist for the Black Agenda Report. Baraka serves as the Public Intervenor for Human Rights as a member of the Green Shadow Cabinet and coordinates the International Affairs Committee of the Black Left Unity Network. An Associate Fellow at the Institute for Policy Studies (IPS) in Washington, D.C., Baraka’s is also a contributor to “Killing Trayvons: An Anthology of American Violence” and Imagine: Living in a Socialist USA.

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Law and Disorder April 6, 2015


 

Updates:

  • Attorney Heidi Boghosian Tells Of How She And Johanna Fernandez Found Out Mumia Abu-Jamal Was Rushed To Local Health Facility
  • Campaign To Bring Mumia Home
  • Attorney Michael Ratner: Hobby Lobby State Religious Freedom Acts
  • Attorney Michael Ratner: Palestine Joins The ICC
  • Attorney Michael Ratner: Obama Issues Executive Order On Hackers

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Why The Rise Of Fascism Is Again The Issue

Fascism has taken on many forms through the rise and fall of empires. One aspect of modern day fascism can seen as propaganda, lies and deceit used as political leverage to eventually absorb sovereign states. Our guest John Pilger lays out the swath carved by fascism in the last 70 years in his recent article Why The Rise Of Fascism Is Again The Issue. Using the word carefully, Pilger describes a new kind of fascism, centered in America but based on the big lie of war and aggression. Pilger documents key events from the Holocaust to Libya to Serbia, to Yugoslavia, to Afghanistan in the 1970s, to Vietnam and up to the current revival of fascism in the heart of Europe. We get a historic perspective from John Pilger, going all the way back to the second world war. If you think the wars in Iraq, Afghanistan, Yugoslavia, Libya and now the Ukraine occur by happenstance, you are mistaken says Pilger, an Australian-British journalist based in London. These are part of the American effort to become the global power.

Guest – John Pilger, an Australian-British journalist based in London. John has worked in many facets of journalism, including a correspondent in the Vietnam War, the Middle East Desk for Reuters in London, a documentary film maker, and a producer for the Independent Television Network in London. Pilger is known for his conscience, bravery and acute historical insight.   His articles appear worldwide in newspapers such as the Guardian, the Independent, the New York Times, the Los Angeles Times.

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Law and Disorder March 30, 2015


Updates:

  • FBI: If You Give Us Assata Shakur, We’ll Free The Cuban Five
  • Michael Ratner: Massive CIW March St. Petersburg, Florida 2015
  • Alliance For Fair Food

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War Tax Resistance

As April 15 draws near, some Americans engage in the practice of war tax resistance, refusing to pay some or all of their federal income tax. It’s an act of civil disobedience with a proud history in this country. Notable war tax resisters included Henry David Thoreau who refused to pay his poll tax during the Mexican-American war. In the 1960s and 70s, many Vietnam war protesters engaged in the practice, including Norman Mailer, Howard Zinn, James Baldwin and Joan Baez. While individuals refusing to pay war taxes cite the refusal as a moral imperative-even citing international law to bolster this assertion—it’s not surprising that the Internal Revenue Service considers the refusal to pay such taxes as illegal.

Ruth Benn:

  • In war tax resistance we tend to use the War Resisters League chart where your income tax money really goes and the calculations from the War Resisters League over the years have been around 50 percent.
  • About 27 percent is current military so that’s paying for the wars and its buying the weapons for the next wars and all of those things that the Pentagon does.
  • The “past military” is mainly for the debt and then the money that’s set aside for veterans.
  • The nuclear weapons program which they are increasing over the coming 10 years, modernizing weapons and modernizing delivery systems. Obama is increasing that money for the nuclear weapons. That’s in the Department of Energy.
  • We have the Department of Homeland Security. That is a lot of armed people also. The TSA, the militarization of the border. Homeland Security is giving those grants to local communities in the U.S. that are getting these military weapons.
  • We have 500 billion this year for veterans and past military. That’s only going to add up.
  • Basically, (war tax resistance) is similar to conscientious objection in terms of people who refuse to go into the military or refused the draft. So this is a refusal to have my tax dollars drafted. A refusal to pay income taxes that go into this pie of the military budget.
  • There was a particular tax put on people in WW2. A stamp that people had to buy that was on their cars that supported war.
  • (Famous tax resisters) We tend to go back to Henry David Thoreau of course with his one dollar that resulted in on the duty of civil disobedience.
  • I always say going throughout history taxes first tend to be put on people because somebody wants to fight somebody. A government wants to go to war, that’s centuries back.
  • The Vietnam War of course was the biggest time for tax resistance when it really was a strong part of the peace movement.
  • The campaign during Vietnam to resist the telephone tax. A tax that was put on and raised during Vietnam. It was put on to 10 percent just to pay for the wars.
  • People would owe 7.00 dollars in phone tax and some of them had their houses seized, some had their bicycles and cars seized.
  • Within the network of war tax resisters and I hesitate to call it a movement these days, there are people who do a whole range of things. There are people who live on a very low income which is a legal way to do it. The cut off for filing and owing taxes is around 10 thousand dollars for a single person.
  • There are people who are more adept at using credits and deductions to lower their taxable income.
  • I think in ’87 I started very consistently filing and refusing to pay. You get a lot of letters. I have files and files of collection letters, of course they add up interest and penalties.
  • Now I’m self-employed, the IRS can do things like garnish salaries. Over the years I figured out how to live in a way that makes it harder for them to collect. Not that they couldn’t make my life difficult.
  • Mostly the IRS would like to get the money than prosecute people.
  • I got active in the peace movement with the American Friends Service Committee. I’m not a Quaker myself but war tax resistance tends to known pretty well in the Quaker community.
  • Usually you’ve been active (in peace movement) for a while and then you go . . oh, I’m paying for this. I’m paying for what I’m fighting against.
  • nwtrcc.org
  • War Tax Resisters Guide – The Book.

Guest – Ruth Benn, Coordinator of the National War Tax Resistance Coordinating Committee. Along with Ed Hedemann, she co-edited the fourth and fifth editions of the book “War Tax Resistance: A Guide to Withholding Your Support from the Military, published by the War Resisters League.”

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familykhantumani pict12

Life After Guantanamo: A Father And Son’s Story

In the weeks after September 11, 2001, the United States gave bundles of cash to Afghan war lords and the Pakistan government to assist in capturing suspected Taliban and Al-Qaeda fighters. Hundreds of men were turned over to U.S. custody often without evidence. This was an unfortunate starting point of how human lives were destroyed to as some suggest, justify an illegal war launched by the Bush Administration. Center for Constitutional Rights, senior staff attorney Pardiss Kebriaei’s Harper’s Magazine article titled Life After Guantanamo: A Father and Son’s Story traces the human toll of how her clients were wrongly imprisoned. After being picked up in Pakistan, sent back to Afghanistan, detained in Kandahar, Abdul Nasser Khantumani and his son Muhammed were interrogated by the United States and sent to Guantanamo Bay Prison in Cuba.

Attorney Pardiss Kebriaei:

  • I started in 2007 and it took me year to be able to go down to the base. I went to down in mid 2008, that was the first time I met Muhammad.
  • Muhammed was the son, he was a teenager and he was taken into U.S. custody. By the time I met him, he had been at Guantanamo for 6 years. 6 years without charge.
  • What I say in the piece is he started breaking down, really kind of cracking in 2005.
  • He was saying things like – I don’t care if I’m here another 5 years, another 10 years, I’m never getting out.
  • He’d been held in solitary confinement for 2 years at that point, and there was this additional aspect of the way his relationship with his father was used to traumatize him.
  • They were captured together, transferred to Guantanamo together but then, pretty much held apart in prison.
  • In November of 2008 we met then in December he cut his wrists.
  • He doesn’t call it suicide because he didn’t want to die. He just didn’t know what to do.
  • We filed an emergency motion with the court, asking the court to move him out of solitary to get him close to his father, to do something.
  • The latest hunger strike in 2013, they denied it was happening.
  • Muhammed was young and he was really vocal and loud about his torture. I remember hearing him yell and scream.
  • Abdul Nasser, his pain was quieter. There was a different kind of pain that left a wife behind or children behind. Abdul Nassar thought a lot about the rest of his family.
  • We know that the CIA was paying millions of the dollars to the Pakistani government and Afghani war lords to profile and turn people over, basically sell them into U.S. custody.
  • They came into U.S. hands because they profiled and unilaterally deemed by President Bush and Rumsfeld to be enemy combatants without any real evidence of wrongdoing.
  • We know that happened and its not just groups like CCR saying that.
  • The way that decisions are made and people are transferred (from Guantanamo Bay Prison) is such a lottery.
  • I think Abdul Nassar appeared to be more of a burden frankly to them, because he was older and in ill health. They didn’t take him. They wanted a younger guy who they thought would be easier to resettle.
  • Part of the point of the story was to shed light on just what life is like after Guantanamo.
  • Abdul Nassar has not seen his wife since 2001. He hasn’t seen his other children since 2001. He hasn’t seen Muhammed since that day in 2009.
  • http://ccrjustice.org/reunificationafterguantanamo

Guest – Pardiss Kebriaei, Senior staff attorney with the Center for Constitutional Rights, which she joined in 2007.  Her work focuses on challenging government abuses post-9/11, including in the areas of “targeted killing“ and unjust detentions at Guantanamo and in the federal system.  She is lead counsel for CCR in Al-Aulaqi v. Panetta, which seeks accountability for the killing of three American citizens in U.S. drone strikes in Yemen, and was counsel in Al-Aulaqi v. Obama, which challenged the authorization for the targeting of an American citizen placed on government “kill lists.”  She represents men currently and formerly detained at Guantanamo in their efforts for release and reintegration, and represented the families of two men who died at the base in their lawsuit for accountability, Al-Zahrani v. Rumsfeld.  She also represents Fahad Hashmi, who pled to material support for terrorism after years in pre-trial solitary confinement and Special Administrative Measures, in his efforts to challenge his continuing solitary confinement in a federal “supermax” prison.

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