Law and Disorder January 30, 2012: Play Now | Play in Popup | Download

Updates:

• Michael Smith visits political prisoner David Gilbert and discusses David’s book Love and Struggle.
• Genocide Bill Angers Turks – It Was Genocide Radio Documentary by Heidi Boghosian
  
• Supreme Court: GPS Tracking Device Illegal
• Lizzy Ratner Co-hosts Beyond the Pale on WBAI

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Tariq Ali: Turning Points in the History of Imperialism

Today we’re joined by internationally renowned writer and activist Tariq Ali. Tariq is visiting from London where he is editor of the New Left Review.

A writer and filmmaker, Tariq has written more than 2 dozen books on world history and politics, including The Duel: Pakistan on the Flight Path of American Power, The Obama Syndrome and On History. We talk specifically about several turning points in global history, the Occupy movement and US elections. .

Tariq Ali:

• The think the first World War was crucial but it wasn’t the war itself it was the consequences of that war. Here you had huge empires.
• The Russian revolution challenged capitalism frontally and its leaders said we want Europe to be with us, on our own we can’t do it. We need the Germans, we need a German revolution. That frightened the capitalist class globally.
• Woodrow Wilson, decided that the time had come to intervene. 22 countries came to intervene.
• This intervention made it impossible for the early infant Soviet Union to achieve what it wanted to achieve.
• The Second World War was an effort by the German ruling class to get its share of the world market in countries.
• The US helped rebuild Japan and Germany. They helped build France and Britain by the Marshal Plan and that has never been done by a big imperial power before.
• They managed to get the Soviet Union to implode by having an arms race. The Russians fell into their trap and decided to go for the arms race, had they not history might have been different.
• I hope the Chinese do not fall into the same trap, threatened by Obama’s puny little bases in Australia.
• People, early settlers in the United States got land totally free and they took it and that created the belief in the American psyche of private property.
• The Soviet Union imploded because the people lost faith in the system.
• The entire elite in the United States and Western Europe is wedded to the Washington consensus that emerged after the collapse of communism. The center piece of this consensus was a system which believed in market forces. I refer to it as market fundamentalism.
• We are confronting the extremism of the center and the result of this is no alternatives exist within mainstream politics. The effect that this is having is hollowing out democracy itself.
• Occupy: What we need is for these movements to call an assembly nationally and discuss a charter of demands for progressive America which need only be ten demands but something around which people can rally. I think its a movement that should be created bearing what the needs of ordinary people are.
• In order to understand the laws of motion of capital, you have to read Marx. It’s true capitalism has become much much more complex. Zombie capitalism, or fictitious capitalism, where money is used to make more money.
• It’s not money that’s creating productive goods.
• I had written a book on South American because I got very engaged in the Venezuela-Boliverian struggle and got to know Chavez very well.
• If Americans had access to Cuban medicine, the pharmaceutical companies would collapse, they would never let it happen.

Guest – Tariq Ali, writer, journalist and film-maker, born in Lahore and educated at Oxford University. He writes regularly for a range of publications including The Guardian and The London Review of Books.  He has written more than a dozen books including non-fiction as well as scripts for both stage and screen.

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 Law and Disorder January 16, 2012: Play Now | Play in Popup | Download

Update:

• Michael Smith: Newt Gingrich Attacks Capitalism

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Occupy Wall Street Parody Papers Spark Legal Action From Big Newspapers

Occupy Wall Street Newspapers such as The Occupied Wall Street Journal or The Occupied Chicago Tribune have prompted lawyers to take Occupy protesters to court. In Chicago, a law firm is attempting to prevent the OWS movement from using The Occupied Chicago Tribune.  We’re joined today by attorney Michael Deutsch with the People’s Law Office who has been involved with this issue in Chicago.

Attorney Michael Deutsch:

• The Chicago Tribune contacted some of the OWS people and threatened to shut down their website and facebook page and to go into federal court and sue them for trademark infringement.
• They said the word “Chicago Tribune” is a trademark that belongs solely to the Chicago Tribune and no one else can use it for any purpose or any way.
• Even if they do sue them I think the publicity not be good for the tribune and good for the occupy people.
• There is the Lanham Trademark Act that protects them from people appropriating them.
• There’s also this Dilution Act which prevents people from using or diluting their trademark by using it some unnecessary or dismissive way.
• When the people of Occupy were first contacted they were fearful of being sued by the Chicago Tribune.
• They offered to change it to the Occupy Chicago Times but they turned it down and said you can’t use any name that references a newspaper.
• With Peter Weiss’s help we realized this is a classic parody case, that’s basic First Amendment rights.
• The law isn’t that clear but the courts usually balance whether there will confusion of the name against First Amendment rights.
• In their masthead they’re now saying they’re not affiliated with the Chicago Tribune Corporation.
• Their website is still up, facebook is still up, they haven’t gone to court, so maybe they realize for us its a win / win situation.
• If we go to court we’re going to win on the legal grounds, plus we’re going to get a lot of publicity.

Guest - Attorney Michael Deutsch, partner with the Peoples Law Office.

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Inside the CIA Black Site in Bucharest

Reporters for German network ARD’s Panorama news magazine and the Associated Press have pieced together key details surrounding the CIA’s operation of a black site in Bucharest, Romania. AP’s Adam Goldman and Matt Apuzzo write:
In northern Bucharest, in a busy residential neighborhood minutes from the center of Romania’s capital city, is a secret that the Romanian government has tried for years to protect. For years, the CIA used a government building — codenamed Bright Light — as a makeshift prison for its most valuable detainees. There, it held Al-Qaida operatives Khalid Sheik Mohammad, the mastermind of 9/11, and others in a basement prison until 2006, the year some were sent to Guantánamo Bay, according to former U.S. intelligence officials familiar with the location and inner workings of the prison.

John Goetz:

• We’ve had a description of the CIA site, which is where one of the secret prisons were located.
• We had a description from some that worked there.
• The prison we’re talking about was used by the CIA in 2004 / 2005.
• The CIA secret prison was held in a Romanian government organization which gets called either ORNSS or NSA.
• It’s an organization that is used to get Romania up to speed on NATO classification rules.
• It’s a building that has a big NATO flag on top of it.
• In the back section of the building is where the secret prison was located.
• What I understand is that in Poland, when Bush came over, right after  the beginning of the Iraq War.
• When they didn’t find weapons of mass destruction, he was there in May and early June 2003.
• We know that Al-Nashiri in his various times in CIA prisons, that his family members, I believe his mother was threatened with rape. He was water boarded, a drill was used on him.
• There was a mock execution, things like that. We’re not exactly sure what happened in Poland and Bucharest.
• There’s a little known site in Bosnia, that was used in days and weeks, right after 9-11.
• In Bagram, there’s a military prison there and there’s a CIA prison.
• I do know that in Africa there are prisons that run under a new model, where the state runs the prison and is quarterbacked, is the expression that’s used by the CIA who asks questions through others.
• It makes it easier to deny.  Many people think . . .oh, the secret prison story is over.
• The facts are that outside of flight logs and some locations of prisons, no one really knows what happens inside these places.
• No one knows how they were run, no one knows perimeter security, how food was brought in, it remains a real black box in American history.

Guest – John Goetz, reporter with the German network ARD’s Panorama news magazine.

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70th Anniversary of the First Smith Act Prosecution: Proto-Thought Crime Legislation

This year marks the 70th anniversary of the first Smith Act trial of revolutionaries accused of wanting to overthrow the government. The law was intended to destroy the 100,000-strong American Communist Party however, the Smith Act was first used against the much smaller, revolutionary rival to the Communist Party, the Socialist Workers Party.  Our returning guest, author and activist Joe Allen writes about this 70th anniversary.  The Alien Registration Act of 1940 is also known as the Smith Act after its sponsor Rep. Howard Smith of Virginia, a Democrat and leader of the anti-labor bloc in the House of Representatives. The Smith Act became the legal weapon against critics of the government and stipulates that:

Whoever organizes or helps or attempts to organize any society, group or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group or assembly of persons, knowing the purposes thereof–

Shall be fined under this title or imprisoned not more than 20 years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

Joe Allen:

• For many people in the United States, the defense of civil liberties, has always been an important and constant feature of our history and most of that time the defense of civil liberties has not been primarily against vigilantism, or rogue elements of the government or corrupt public officials. While that’s an important part of that, it has always been dealing with the actual laws that have been attempting to undermine civil liberties most of the time they’ve been federal laws.
• You can go back to the Alien Sedition Act of the Adams Administration, the Espionage Act of WWI. They were always used against opponents of the government and not spies as they were sold to people.
• James Canon was one of the most important figures in American Socialist history, his life traverse the history of the American far left.
• He began in the IWW. The radical militant trade union that organized the most oppressed sector of American workers.
• He was a founding member and later a national chair of the American Communist Party.  Like many Wobblies and members of the Communist Party he was very concerned of the civil liberties of radicals and trade union organizers and was the head organizer of International Labor Defense in the 1920s.
• Canon developing a criticism of and his descent within the American Communist Party as the ILD moved away from its original mission and Canon himself to begin along with a number of significant figures of the American Communist Party and other people who sided with Trotsky in the dispute with Stalin over not only the Soviet Union also the International Communist Movement. He was the founder of early American Trotskyism in the 1920s and 1930s.
• It was the broad layer of people who were ultimately indicted under the Smith Act in 1941 primarily for advocating the overthrow of the United States government.
• Smith Act – Proto-Thought Crime Legislation
• It’s also in a sense a response to a dispute inside the labor movement.
• The first that a prosecutor tries to do is get a jury that is predisposed of the prosecution and not the defense.
• That’s one of the great travesties of the Smith Act, not only can you be indicted by the things you do but by the things you say.
• In that sense it really is a thought-control crime.
• The most important part of the Smith Act in this country is it effectively destroyed the left in this country during the late 1940s and the early 1950s.

Guest – Joe Allen, a frequent contributor to the International Socialist Review and a long-standing activist, based in Chicago.

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 Law and Disorder December 19, 2011: Play Now | Play in Popup | Download

Updates:

• Police To Test Laser That Blinds Rioters
• Police Employ Predator Drone On the Home Front

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Appeal Denied In Holy Land Foundation Case

Last week, the Fifth Circuit dismissed the appeal for the Holy Land Foundation case. This decision affirmed the conviction of Ghassan Elashi, the co-founder of the Holy Land Foundation for Relief and Development. As many listeners may know, the Holy Land Foundation was considered the largest Muslim charity in the United States before the Bush administration shut it down after the September 11 attacks. In May 2009, a federal judge in Dallas handed down sentences ranging from 15 to 65 years in prison to five of the charity’s founders and former fundraisers. Over a year before, a federal jury returned guilty verdicts on all 108 counts against the Foundation and the five former officers on charges of providing material support to Hamas after the U.S. government designated it a foreign terrorist organization in 1995. During that trial, the prosecution used unrelated video of suicide bombers to emotionally sway the jury.

Ghassan Elashi was then sentenced to 65 years in prison for giving material support in the form of humanitarian aid to Zakat committees – Palestinian charities in the West Bank and Gaza, that prosecutors were alleging were fronts for Hamas. Ghassan is being held in the Communications Management Unit in Marion, Illinois.

Noor Elashi:

• One of the arguments the defense lawyers made is that USAID, which is a government agency sent money to the same exact Zakat Committees which are these distribution centers in Palestine that the Holy Land Foundation sent charity to.
• That was their main charge, they were charged with giving material support in the form of humanitarian aid to Zakat Committees which the prosecutors were claiming were fronts for Hamas.
• In their appeal, one of their main arguments is that these Zakat Committees received money from many NGOs including an American agency.
• Another argument in the appeal was for the first time in US history, an expert witness who was an Israeli intelligence officer who testified under a fake name was allowed to testify under a pseudonym.
• My father recently had a phone call ban, because he put his name on a yoga mat, and it was considered destruction of government property.
• Our defense attorneys are not going to quit. They will ask the entire panel of appellate judges to re-hear the case, if that is denied, they’ll take the case to the Supreme Court.
• The foreign policy and politics of this country have been very favorable to Israel.
• FreedomToGive.com

Guest – Noor Elashi – the daughter of Holy Land Foundation prisoner Ghassan Elashi. She is a writer based in Dallas, Texas. After receiving a Bachelor’s degree in journalism from the University of North Texas, she worked for the Fort Worth Star-Telegram. In July 2008, she won the 3rd place Mayborn Literary Nonfiction Award for her manuscript titled “Displaced,” which she plans to expand into a memoir about the displacement of three generations of Palestinians: her grandmother, father, and herself. She can be reached at noorelashi@gmail.com.

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 Law and Disorder September 12, 2011: Play Now | Play in Popup | Download

Updates:

• Michael Ratner: The Other 9-11s
• NEW – From Attica To Pelican Bay – By Michael Ratner
• Inmates_of_Attica_Correctional_Facility_v_Rockefeller_(PDF)
  

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The State of Perpetual War

Since September 11, 2001 the US global war on terror has reached beyond Afghanistan and Iraq.  The US constructed the largest embassy ever in Baghdad to control the resources of Iraq.  Meanwhile strikes against Pakistan, Yemen, and Somalia, led an air war against Libya without any Congressional authorization continue as pointed out by author Anthony Arnove.  In his article titled  The 10th Anniversary of 9/11 Arnove describes US foreign policy of preventive war and how the US continues to  use drone strikes against Pakistan, Yemen and Somalia.  Now other countries are adopting the preventive war idea to fight (quote) terrorism. Today, the Obama Adminstration has gone beyond the Bush policies as trillions are spent on perpetual war while schools, health care and social needs crumble.

Anthony Arnove:

• 911 was seized upon by the Bush Administration as an opportunity.  Condoleezza Rice specifically used the word opportunity to describe the geo-political shifts that she saw occurring in the wake of 9-11.
• We’ve seen the invasion of Iraq, the invasion of Afghanistan, covert operations and Arab bombardment of dozens of countries. There’s an estimate now that this year the US will be operating in 120 countries in some capacity through use of commandos.
• You’ve seen increased troop levels in Afghanistan so that even with the current so called draw down of the troops in Afghanistan, even with the reductions that are currently being undertaken, we’re still going to be ahead of the number of troops that were in Afghanistan at the end of the Bush Administration.
• Withdrawal, the word no longer has any meaning. It actually means slight reduction of troops after they’ve been increased.
• There are 46 thousand active duty troops in Iraq. The claim is that those 46 thousand will leave at the end of 2011 after an agreement reached under pressure from social movements in Iraq.
• Then you look at the military installations that scatter the country, they’re not going to walk away from that easily.
• In Afghanistan, they’re literally talking about dates as far as 2024 in terms of troops on the ground involved in a number of capacities.
• I think Libya is truly an opportunistic action by the United States concerned its losing control in the middle east. You’ve had uprisings and revolutions that have toppled governments aligned with the United States.
• The US has been so contemptuous of the freedoms of people around the world. So contemptuous of democracy, so contemptuous of people fighting for self determination.
• So contemptuous of nationalist movements that would have put resources into the control of the people.
• The actions of the Bush Administration and now Obama have only made us more hated, and made the world more dangerous.
• They claim they’re making the world more safe, and protecting us. The reality is the opposite.
• At least Barack Obama will be more responsive to social movements, we’ll be able to pressure him. It is clear that is not the case, there has been a demobilizing of sections of the anti-war movement who define the political horizons as the debate between the Republicans and Democrats.
• The anti-war movement has been silenced.
• The people who most vociferously supported invading Iraq, claimed there would be weapons of mass destruction, all of those things we now know to be lies, those people are regularly asked to be commentators on Iraq and Afghanistan.
• Yet the people who got it right, saying this is what will happen if we invade, those people are never heard from.
• The gap between what the elite are doing and what they are saying, and what is in their interest and the interest of ordinary people has never been wider.
• On October 6, 2011, a number organizations have called for demonstrations in Washington DC and solidarity actions in other cities.  On October 15 actions have been called for by the United National Anti-War Coalition.  NationalPeaceConference.org

Guest – Editor and writer Anthony Arnove. He is best known for his books on Iraq and the Iraq War. Arnove is the author of the book Iraq: The Logic of Withdrawal, published in hardcover by the New Press and in paperback by Haymarket Books. Arnove toured the country promoting the book in spring 2006 as part of the New Press’ “End the War Tour”.

Arnove is also the editor of Iraq Under Siege, published by South End Press, the co-editor with Howard Zinn of Voices of a People’s History of the United States, published by Seven Stories Press, and the editor of The Essential Noam Chomsky, published by the New Press. He writes frequently for left-wing publications; he is a featured author at ZNet, a columnist for Socialist Worker, and on the editorial board of the International Socialist Review.

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The Guantanamo Syndrome

Attorney Michael Ratner:

• Pinochet’s Operation Condor was to round up opponents all over the world to torture and imprison them. This is now an American Operation Condor.
• AUMF and Military Order #1 allow the administration to use drones around the world. This is the key piece of legislation. Out of the AUMF came military order # 1, November 13, 2001. The president can arrest anybody, they can be kept anywhere, American citizen or not.
• From there flows the Guantanamo Syndrome. Habeas Corpus, a person who’s the prisoner of the executive can go to court and say put the executive on the defensive. Why am I being held? You have to have a legal basis.
• After many years of litigation representing this incommunicado people at Guantanamo, we ended up representing their parents or relatives, because we couldn’t represent them, the Supreme Court finally said, it’s a Constitutional right to go to court to test your detention. They said that about the people in Guantanamo in particular, they didn’t say that about the people in Baghram or other places.
• Once we won that right, the Bush Administration and the Obama Administration went into court and completely opposed that right having any meaning.  It is really an unrecognizable world from what we had ten years ago.

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Audio Collage

• Surveillance State: The 51st State
• Targeting Muslims Since 9-11

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 Law and Disorder August 22, 2011: Play Now | Play in Popup | Download

Updates:

• NLG, CCR, EFF and Generations Ahead Say DNA Collection Violates Fourth Amendment
• Gang Injunction in Babylon, NY
• Durban 10 Coalition UN Meeting on Racism

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Cruel Solitary Confinement In Pennsylvania Prisons

Earlier this year the National Lawyers Guild called on Superintendent Louis Folino to support the Program Review Board’s recommendation to release Russell Maroon Shoatz into the general prison population at SCI Greene in Waynesburg, Pennsylvania.

Jerome Coffey, a political prisoner currently being held in Pennsylvania’s SCI Forrest.  Jerome’s social work while in prison include sending clothes to villages in Uganda and to women prisoners in the Philippines. That work has labeled him an instigator and he’s been placed in solitary confinement for more than 5 and a half years.

Bret Grote:

• The Human Rights Coalition was founded by state prisoners at the State Correctional Institution in Greene, Pennsylvania in 2000. The Pittsburgh chapter where I work was founded in 2006-2007.
• The main mission of the Human Rights Coalition was to bring the voices of the most excluded from criminal, legal, criminal justice discussions, namely those of prisoners, their family members and effected communities.
• We base our work in building relationships with prisoners and to bring support and advocacy to those most impacted by the prison system and that has led us straight into solitary confinements where people’s lives are being micro-managed down to the most minute details.
• The justifications for solitary confinement shift from to another, it used to be based on escapes.  Now that Russell Maroon Shoatz is approaching his 70th birthday, they’re claiming its because of his past efforts of organizing hunger strikes, and they cite an incident where he was forced to defend himself against another prisoner.
• In Maroon’s case he met with a prisoner mental health staff person because there was some movement towards releasing him from solitary confinement that ended up being blocked.
• This staff person told him there was an allegation that he tried to organize an armed prison uprising in the 80′s. This has been following him around for over 25 years in his file, but he has not been able to challenge this because he was not informed of this at all.
• He is not represented by legal counsel. He is ripe for representation under the 8th amendment clause of cruel and unusual punishment.
• The prison authorities typical treatment for somebody who is the restrictive housing unit is a cursory interview at the cell, maybe once every 30 days with a staff worker, which is to say they’re not really giving them effective mental health treatment.
• You spend 23 hours in the cell, maybe 24 if the guards don’t take you to yard or shower.
• The things that one may witness on the whole are constant screaming, banging, and yelling and crying and cursing and talking to one’s self by prisoners who are psychologically disturbed.  According to the figures up to 2500 or 3000 prisoners can be in solitary confinement on any given day in Pennsylvania. The total prisoner population in Pennsylvania is 52 thousand.
• We are constantly looking for serious and committed civil and human rights lawyers to work with us. We have a massive body of evidence.  The solitary confinement system is an invisible system inside of a larger invisible system of the prisons.

Guest – Bret Grote, law student and volunteer with the Human Rights Coalition, an organization bringing the voices of the most excluded from criminal, legal, criminal justice discussions, namely those of prisoners, their family members and effected communities.  The HRC works to build relationships with prisoners and  bring support and advocacy to those most impacted by the prison system.
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Andre Jacobs

Andre Jacobs is another Pennsylvania state prisoner in solitary confinement. Andre, a 27 year-old jailhouse lawyer, has been held in retaliatory solitary confinement for more than 8 years. In 2009, Andre was awarded 185 thousand dollars in a case against the Pennsylvania Department of Corrections, an action that has resulted in his being singled him out for abuse within the prison system. In January of this year, he was physically abused, issued death threats and denied medical treatment.

Liz Springer:

• It’s been rough, there had been days where I thought he wasn’t going to make it. I thought I was going to get a call saying he was dead. I send him inspiration cards, and support him, send him some Bible verses to keep him strong.
• There have been times he said to me, I can’t do it no longer, I can’t do it.
• They were beatin’ him in the court room. They said he had an attitude and when he was leaving the court room, I witnessed them beating him, and I said, “I love you Andre.” He turned around and said “I love you too.”
• They started beating him because they said he wasn’t supposed to speak to me.
• He lost that case because the guards got on the stand and said he hurt one of the guard’s wrist.
• He ended up with 18 years because of that. Lately he has a little hope.
• He was strapped to a chair for 12 hours not being able to move anything but his head. Didn’t eat, had to go the bathroom and he just went.

Guest – Liz Springer, activist and the grandmother of Andre Jacobs.
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Russell Maroon Shoatz

As many listeners may know, former Black Panther Russell Shoatz has been in prison since 1972, and the past 21 of those years has been spent in solitary confinement.  He’s 67, his spirit unbroken and in addition to his record of good conduct, members of the Pennsylvania Prison Society who visit Mr. Shoatz regularly attest to his peaceful disposition.  Earlier this year the National Lawyers Guild called on Superintendent Louis Folino to support the Program Review Board’s recommendation to release Russell Maroon Shoatz into the general prison population at SCI Greene in Waynesburg, Pennsylvania. His daughter Theresa Shoatz joins us talk more about his advocacy work and life as a political prisoner.

Theresa Shoatz:

• The solitary confinement has had the worst effect on us. Within the 39 years we was able to have contact visits.
• The unit he’s in now, there’s no contact, you’re behind a glass when you visit.
• He’s had grandchildren since that time, and he hasn’t touched the grandchildren either. Our family is dedicated to visiting him, every 3 months.
• Russell Shoatz being known throughout the country.  I notice now, his conversations are laid back, he’s not as upbeat as he used to be.
• He keeps stressing almost on our weekly calls, you gotta get me outta here.
• They told me Daddy’s a leader, I said no, he’s a grandfather.  The Panthers didn’t say we want to battle the police. They said, we want to educate our youth, we want to feed them, we want to take control of our community. When it became war, and the Panthers were under attack, they said we got to protect ourselves.
• That’s what happened, and of course, Daddy’s a political prisoner. He took a stand and stood on the front line for his people and his community.
• I had a little attitude with him, I said why would you leave us, this was some years ago. He said,  (I did it for my people. How could I allow you to be raised in that type of system?) It hit me like a ton of bricks.
• The guards, they called themselves the “wolfpack” when you’d see them comin, they would roll one pants leg all the up to the knee.
• I went to Governor’s office, the Governor of Pennsylvania. I was on trains, back and forth.
• It’s the same thing, when our people get in the streets and march, you really can’t do one march.
• At SCI Greene, over 20 young men in their 20′s hung themselves there (lynching) within a short time of solitary confinement.
• Daddy was constantly yelling to the guys, what to do. They come in strollin. Strollin down the solitary unit.
• This prison bubble is going to burst. There are people fighting on all levels, this prison bubble is going to burst.
• It’s going to end, we’re going to make sure of that.

Guest – Theresa Shoatz, daughter of political prisoner Russell Shoatz and activist with the Human Rights Coalition.

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 Law and Disorder June 20, 2011: Play Now | Play in Popup | Download

Updates:

• President Obama Visits Puerto Rico
• Michael Ratner: History of Puerto Rico
• Is Common Wealth Status Ok?
• FBI and Intel Dominate Puerto Rico
• Michael Ratner Testified With the Decolonization Committee at the UN
• Internal Politics Have Moved to the Right In Puerto Rico: Privatization of Public Institutions
• Expanding War Powers:  Defense Authorization Act Moving Through Congress
• Hialeah, Florida Mayor, Honors Terrorist Luis Posada Carriles With Keys to the City
• CCR: Representing Families of Suicide GTMO Prisoners
• Asymmetrical Warfare Embarrassing the United States

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FBI to Expand Domestic Surveillance Powers

On many of our shows, we’ve discussed the broad over reaching powers and underhanded tactics the FBI use when targeting environmental or pro-Palestine activists, Mosques and Muslim-Americans.  Now, new expanded FBI guidelines would allow agents easier access to search commercial or law enforcement databases, conduct lie detector tests, search people’s trash and conduct physical surveillance. Read: Anything Goes: The New FBI Guidelines

Though the guidelines are still under review, they would allow agents further access into people’s lives without suspicion of wrongdoing. The guidelines will be part of a new edition of the FBI manual, the Domestic Investigations and Operations Guide.  Civil libertarians criticize the guidelines in light of recent cases such as the Fort Dix Five, the Newburgh Four and Yassin Aref in Albany, where the FBI is accused of entrapping people by infiltrating poor or specific ethnic and religious communities. Michael Ratner’s Forthcoming Book:  Hell No, Your Right To Dissent

Attorney Mike German:

• The government is saying they have unfettered authority to look into your private life without any justification, and they’re claiming they don’t need any factual basis to suspect you of wrongdoing.
• National Security Letters were initially a tool to go after KGB spies, it was expanded to international terrorists. What the Patriot Act did is expand it to anyone who’s relevant to an investigation of spies or terrorists.
• The fact that the government had no reason to suspect you was no longer relevant if they could use this tool.
• That was originally set to sunset in 2005. Inspector General audit on the FBI’s use of this tool. There were five IG reports, that found the FBI were using these tools against people two or three times removed from the person of the investigation.
• Phone records, bank records, credit history and they gag the bank or place from telling you.
• IG audit found between 2003 and 2006 there were over 200 thousand National Security Letters.
• Its the FBI manual, the Domestic Investigations and Operations Guide, the FBI’s internal policy. Their internal authority created by the Department of Justice.
• These were initially designed to curb the abuse. As an FBI agent for 16 years, I found it useful to focus on the people doing bad things, not straying from that and focusing on people saying things I didn’t like, or doing things I didn’t think were right but wasn’t illegal.
• The outgoing administration in 2008 had radically altered the guidelines. People who are completely innocent and not suspected of doing anything wrong can come under suspicion and investigation under these assessments.
• The 2008 guidelines allowed the FBI to map communities based on race and ethnicity and track racial and ethnic behavior and facilities.
• Under these new guidelines 2011, an FBI agent would be allowed to search private databases, data aggregaters, that pull together all sorts of information based on marketing, state and local law enforcement information – includes if you’ve also been a victim of crime or witness to a criminal act.  No factual predicate required.
• It doesn’t require attorney general approval to open an assessment.  There’s no necessity to identify what federal crime they think you’re violating.
• The tools include physical surveillance, they can stand outside your house, follow you around 24/7. They can get an informant to start engaging you in a false pretense, and your friends or neighbors.
• They can interview your neighbors, they can interview your employer.
• When you become a subject of investigation you get on the terrorist watch list.
• The scary thing the Inspector General revealed, is that these (abuses) were all under the 2002 guidelines.  He said where he found violations, under the 2008, this would all be perfectly legitimate.
• We at the ACLU are not just seeing the abuse with the FBI but within state and local law enforcement. You can visit www.aclu.org/spyfiles we’ve documented spying and obstruction of first amendment activity in 31 states and the District of Columbia.
• It was predictable because these laws were put in place to prevent exactly that, because that’s what the state and local police and the FBI were doing in the absence of rules.
• It’s not surprising when you take those rules away, they go into political spying mode.
• It’s very frustrating, because so much of what’s happening is happening is secret.
• Scott Crow: He found under a FOIA request, the FBI had gone to the IRS to find some small tax violation that they could put him in jail for. Because they suspected him of something, yet they had years of investigation and found no wrong doing.
• Mike German’s book – Thinking Like A Terrorist, it’s a look at what terrorists are trying to accomplish, that is to coerce the government into taking measures that actually take away the government’s legitimacy.
• Past Law and Disorder interview with Attorney Mike German.

Guest -  ACLU attorney and former FBI agent, Mike German, German develops policy positions and proactive strategies on pending legislation and executive branch actions concerning domestic surveillance, data mining, freedom to travel, medical and financial privacy, national ID cards, whistleblower protection, military commissions and law enforcement conduct. German currently serves as an adjunct professor for Law Enforcement and Terrorism at the National Defense University and is a Senior Fellow with GlobalSecurity.org. German graduated from the Northwestern University Law School , and graduated cum laude from Wake Forest University with a B.A. in Philosophy. A sixteen-year veteran of federal law enforcement, German served as a special agent with the Federal Bureau of Investigation, where he specialized in domestic terrorism and covert operations. As an undercover agent, German twice infiltrated extremist groups using constitutionally sound law enforcement techniques. These operations successfully prevented terrorist attacks by winning criminal convictions against terrorists.

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 Law and Disorder May 9, 2011: Play Now | Play in Popup | Download

Updates:

• Osama Bin Laden Story Inconsistencies: Analysis
• CF Law (By analogy in law) Pat Tillman and Jessica Lynch
• Authorization To Use Military Force, the Justification For Torture, Blowback
• Torture Architect John Yoo Writing in the National Review
• Dalia Hashad: Article In The Scoop: Bin Laden Gone Problems Remain

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Guantánamo Leaks Must Be Met By Release of Obama Task Force Assessments

The 759 Guantanamo files that were classified “secret” cover nearly every inmate since the camp opened in 2002. The documents obtained by the New York Times and the Guardian last month, reveal how children, the elderly and mentally ill were wrongfully held. The documents also reveal that many prisoners were sent to Guantanamo for nearly nothing or to be interrogated. What did these documents reveal?

Attorney Shane Kadidal:

• These stories started on Monday morning, because administration officials gave out a briefing saying that the nickname of Osama’s couriers was given out by one of the detainees.
• Assuming information taken from Khalid Sheikh Mohammed
• We do know it took eight months from the time they identified this compound to the point they decided to strike at it.  I think its clear, they relied on a whole slew of information from a variety of sources.
• We already know the true name of the courier, which is more important than a nickname came from agents on the ground and electronic surveillance.
• 172 detainees, 90 cleared from release, 2/3 of those from Yemen have been indefinitely suspended for repatriation because of the “underwear bomber.”
• The problem is so much of (media) attention is focused on the ones that will never be released.
• WikiLeaks – 2400 pages of documents almost all risk assessments of about 740 detainees who’ve been to Guantanamo
• They represent the Defense Departments best case for detaining someone.
• You have these long analysis of very shady facts, not detailing where allegations are coming from.
• If you look at the documents as a whole, it shows that most of the detainees were held on flimsy, unreliable information.
• The documents show that people were interrogated in GTMO about nothing to do with terrorist attacks in the United States. You had Samuel Hodge interrogated about the inner workings of Al-Jazzera
• Everyone ended up with the categorization of high or medium risk
• When you see a leak of this magnitude, the only corrective is to release more information and that’s what we’ve called for at CCR.
• The government quickly emailed us – They said consistent with the security clearances you signed on for, you have to treat this information as classified (leaked documents) even though its been scattered to the winds on every newspaper on Earth.

Guest – Attorney 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. In his eight years at the Center, he has worked on a number of significant cases in the wake of 9/11, including the Center’s challenges to the detention of prisoners at Guantánamo Bay (among them torture victim Mohammed al Qahtani and former CIA ghost detainee Majid Khan), which have twice reached the Supreme Court, and several cases arising out of the post-9/11 domestic immigration sweeps.

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Green Is The New Red: An Insiders Account of A Social Movement Under Siege

We welcome Will Potter award-winning independent journalist and now the leading authority on “eco-terrorism.” He’s the author of the new book ,Green Is the New Red: An Insider’s Account of a Social Movement Under Siege, and it reveals a complex environmental movement emerging amid police state pressure. As we’ve reported here on Law and Disorder, environmental activism have been labeled terrorism under certain interpretation of the Patriot Act, essentially criminalizing dissent and chilling free speech in this country at a critical time.  Our guest was an FBI target for merely leafleting against animal testing, and he was threatened to be put on the domestic terrorist watch list if didn’t comply with FBI demands. We talk more about that, the environmentalist movements and his new book.

Will Potter:

• My background is in mainstream newspapers. As I was working as a reporter at the Chicago Tribune, about 9 months after 9/11. I was covering breaking news, blood and guts.
• I decided to go out leafleting on a campaign I became aware of against a controversial animal testing company.
• Couple weeks later the FBI knocks on my door telling me I need to become a government informant and help infiltrate animal rights and environmental groups and if I didn’t they’d put me on the domestic terrorist list.
• It scared the tar out of me. I wish I could say it didn’t.
• Afterward it really lit a fire under me to figure out what was going on.
• One of the reasons I started the website was because of this new law being considered called the Animal Enterprise Terrorism Act.
• What I decided to do with the book is tell the personal stories of the people involved.
• I followed Daniel McGowan a few days before his sentence to how he ended up in this facility, his own journey as an activist. Daniel was convicted of serious crimes, two arsonists that didn’t harm anyone and he was labeled a terrorist.
• The book looks at the wide range of activity being labeled “eco-terrorism”
• The FBI has labeled the environmental and animal rights movement the number one domestic terrorism threat.
• These corporate campaigns were pushed for so long through the courts, politicians, and the press that over time they began to dovetail with government policy.
• The Animal Enterprise Terrorism Act is so broad it can even wrap up non-violent civil disobedience as terrorism, only if its directed at what is called animal enterprises.
• The real power of this is fear.
• The activists who are really effective and pushing the boundary are the ones being labeled eco-terrorists.
• I recently wrote about 3 bills that are under consideration for the Huffington Post. What Is Big Ag Trying To Hide.

Guest – Will Potter,  award-winning independent journalist based in Washington, D.C., who focuses on “eco-terrorism,” the animal rights and environmental movements, and civil liberties post-9/11. Will’s work has appeared in publications including the Chicago Tribune, the Huffington Post, and the Vermont Law Review, and he has testified before the U.S. Congress about his reporting. He is the author of Green Is The New Red: An insider’s account of a social movement under siege forthcoming from City Lights Books.

 Law and Disorder May 2, 2011: Play Now | Play in Popup | Download

• Federal appeals court orders a new sentencing hearing for Mumia Abu-Jamal
• CCR Says Guantánamo Leaks Must Be Met By Release of Obama Task Force Assessments
• Memorial for Leonard Weinglass Friday May 13 At the New York Ethical Culture Society

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Largest Human Trafficking Case In The US?  Workers Lured To U.S. After Hurricane Katrina And Subjected To Abusive Conditions Seek Class Certification

In what may be the largest human trafficking case in US history, Indian guest workers are suing Signal International for human trafficking ad racketeering. Several law firms filed the lawsuit on behalf of seven plaintiffs representing 500 formers guest workers lured into the US after Hurricane Katrina. The guest workers were subjected to racial discrimination, forced labor and other abuse.

Signal is a multi million dollar marine fabrication company with shipyards in Mississippi, Texas and Alabama. They repair and build oil rigs and ships and subcontract with the Dept of Defense and multinational companies. After Hurricane Katrina, Signal’s workforce scattered and they used the government’s guest worker program to import employees as welders and pipe fitters. Between 2004 and 2006 hundreds of Indian men were paid up to 20 thousand dollars each for travel, visa and other fees after being told it would lead to good jobs and permanent US residency.

When the men arrived at Signal they discovered they would not receive green cards, but instead were given 10-month guest worker visas. Signal forced the men to pay $1,050 a month to live in overcrowded, unsanitary and racially segregated labor camps with no visitors allowed.  To talk more about this case, we’re joined by Chandra Bhatnagar is a Staff Attorney with the Human Rights Program and Sabulal Vijayan, a former guest worker involved in the lawsuit.

Chandra Bhatnagar:

• Signal used the opportunity of the storm to seek out new labor pools. Signal in partnership with an American labor broker, an American Immigration lawyer and an Indian recruiter, conspired to bring in a group of 500 men from India as H2B guest workers.
• The workers were promised green cards, permanent residency, and the opportunity for long term jobs.
• Sabulal Vijayan: I was working in the middle east, the United Arab Emirates, I saw the ad by Signal that said we would get permanent residency in America. I paid about 18 thousand dollars, I cut my wrists in fear, I tried to kill myself because I spent a bunch of dollars. I was in the hospital for 3 days. I couldn’t go back to my family in India with bare hands, because I spent all the money on this job. Not only me but 500 workers, sold all their land and houses for this job.
• The EEOC, brought a separate lawsuit against Signal, alleging racial and national origin discrimination and hostile work environment.
• Because Sabulal was one of the workers seeking his rights under the law,  he was particularly targeted by Signal and rounded up in an early morning raid.  The camp was built on a lead contaminated waste site.
• It’s not OSCHA compliant to have 24 guys jammed together in a temporary trailer.
• These are in the United States and in debt. The average income in India is 3000 dollars a year for a ship worker. To pay 20 thousand dollars, you have to sell your property, borrow money from loan sharks.  You have to mortgage your whole life for the opportunity to come here.  Signal also said if you file a lawsuit, we’ll send all of you back.
• Signal is a marine fabrication company, a multi-million dollar company. They repair and build oil rigs and ships. They have yards in Mississippi, Alabama and Texas. They provide services to the Department of Defense and major corporations.
• It was a conspiracy between the Immigration lawyer, the Indian recruiter, the labor broker and Signal.
• Signal got this vulnerable pool of workers who they could throw away whenever they wanted to.
• You don’t have freedom of contract as a guest worker, you’re the disposable property of the employer.

Guest - Chandra Bhatnagar, ACLU  Staff Attorney with the Human Rights Program. He leads the domestic and international advocacy around racial profiling, affirmative action, and juvenile justice issues, and is engaged in federal court litigation and litigation in international tribunals involving the rights of low-wage immigrant workers, undocumented workers, and guest-workers.

Guest – Sabulal Vijayan, guest worker from India, who is involved in the case. Sabulal, a pipefitter, paid nearly 20 thousand dollars to work in the United States as a guest worker. He worked with others in slave labor-like conditions for Signal International.

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Professor John Ehrenberg: Class Warfare Update and Analysis

Returning guest, professor and author John Ehrenberg joins us in the discussion of where the last 3 years the Obama Administration has led the country.  The United States is pouring trillions into multiple war theaters, unemployment continues to rise, CEOs of banks and corporations have been rewarded with taxpayer bonuses and bailouts, and a massive unequal distribution of wealth has polarize the country. Meanwhile, the very rights that protect organized labor and the benefits of workers are attacked and disassembled during one of the worst economic downturns to hit the United States.  Corporations and the far right wing of the Republican Party are behind some of the union busting yet even President Obama turned his back on supporting union labor demonstrations.  Most recent show with John Ehrenberg

Professor John Ehrenberg:

• The elephant in the room that nobody talks about is the role of the state and the role of the government.
• Winner-Take-All Politics: How Washington Made the Rich Richer–and Turned Its Back on the Middle Class
• What you had since the 1980s is a policy pushed by the Republicans and acquiesced by the Democrats of undoing the Great Society. We’ve seen this in the union busting and refusing to tax the rich. It’s been happening because the Republican party is getting more radical.
• The villan in the room is governmental and fiscal policy.
• The top 1 percent of the population received more than a third of all the wealth created in the country from 1979 to the beginning of the recession.  The top 1/10 of one percent, that’s one out of every thousand households, received over 20 percent of all the after tax gains between 1979 and 2005.
• It was a conscious policy. It began in the late 70s by business. If you look at the neo-conservatives of that period, their target is the Great Society.
• Basically in the late 60s and the early 70s, the traditional stimulus programs of the Democrats failed.
• Along comes Reagan and he takes on a radical restructuring of the economy.
• Which began this process of shoveling huge amounts of wealth to the rich, hoping that it would trickle down and you’d have sustained growth.
• Consider that Obama is going to raise a billion dollars for his reelection campaign. Where is he going to get it from?
• Look, anybody at this stage of the game who continues to trust the Democratic party to lead the country out of this mess, is a fool.
• The Democratic Party by itself is incapable of democratic initiative and progressive change unless forced to respond from pressure from outside.
• When do they have enough? The answer in 1100 pages of Capital: A Critique of Political Economy is it’s never enough.  That the logic of capital is to reduce everybody to starvation and take everything they have.
• This is the motor of the system, this has nothing to do with the Koch Brothers.
• Hopefully people are tired of being pushed around. American exceptionalism, meant that Americans were more tolerant of inequality, than were people from a stronger labor tradition.
• That American’s didn’t care so much if other people got rich as long as they got rich too.
• If you have a situation where Americans are misinformed about the distribution of wealth and are open to appeals to redistribute wealth in the name of fairness and equity, then this is the time for a redistributus Democratic party to step forward.
• If the Democratic Party is even a modicum of sanity in America, it’s because its going to have be pushed again.  Pushed and pushed and pushed from outside.
• 55 percent of Republicans want higher taxes on the rich.
• There are local manifestations of outrage and rebellion, in Wisconsin, Indiana, Ft Lauderdale, around different aspects of the mal-distribution of wealth. – but nothing has been coordinated on the national level.
• There are as yet, no forces talking about the system as a whole, as a state.
• There are a lot of indications across the board that people have had enough.
• Go out there and join something and get involved.
• UNICEF publication. The Children Left Behind. Indices: Health, Education, Material Well Being.  The United States is last of the 24 countries.
• If you look at the fall of any of the world’s empires, it was a combination of the over reach and the refusal of the rich to pay their share of taxes.

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

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 Law and Disorder April 25, 2011: Play Now | Play in Popup | Download

Updates:

• Pfc. Manning To Be Transferred To Army Prison
• New York State Assembly Passes Rent Regulation Bill
• Michigan: Police Search Cell Phones During Traffic Stops
• Using Emergency Powers to Dismantle Unions In Michigan – Update with Zainab Akbar Legal Fellow at the ACLU of Michigan

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Court Vindicates Prisoners in Right to Challenge Federal Experimental Isolation Units Restricting Communication

Last month, the Center for Constitutional Rights won the right for prisoners to challenge a violation of their constitutional rights. Prisoners in 2 experimental federal prison units called “Communications Management Units” or CMUs, will have their claims heard in court.  About 70 percent of CMU prisoners are Muslim men.  Judge Urbina agreed that the prisoners raised serious constitutional questions about CMUs.  The Center for Constitutional Rights filed Aref v. Holder in the D.C. District Court on behalf of current and former prisoners of the units in Terre Haute, IN and Marion, IL; two other plaintiffs are the spouses of those prisoners.

As many listeners may know, these CMUs were secretly opened under the Bush administration in 2006 and 2007. They were designed to monitor and control the communications of certain prisoners and to isolate them from other prisoners and the outside world.  The five plaintiffs in Aref were designated to the two CMUs despite having relatively or totally clean disciplinary histories, and none of the plaintiffs have received any communications-related disciplinary infractions in the last decade.

In addition to heavily restricted telephone and visitation access, CMU prisoners are categorically denied any physical contact with family members and are forbidden from hugging, touching or embracing their children or spouses during visits.

Attorney Alexis Agathocleous:

• We’re very troubled about policies and conditions at these units. A number of the restrictions imposed at the CMUs are severe. They are truly cutting people off from their loved ones, they’re community and the outside world
• Blanket ban on physical contact, unparalleled to any other single unit anywhere, including Supermax.
• We feel this needlessly impinges on their right to family integrity and their need to maintain these ties to the outside world.
• What we’re challenging is that there is no due process attached to designation to these (CMU) units.
• Without a disclosure of factual allegations that were used to designate them, without a demonstration of past abuse of communication devices, without a hearing, without an appeal. Once you’re there, no one is told how to earn their transfer to get out. Our clients have benign or in some cases perfectly clean histories.
• What is happening is that Muslim prisoners are being designated there, based on the discriminatory belief that as Muslims they inherently pose a great danger to institutional security, than do other prisoners.
• We’re very concerned also about a pattern of designation of political prisoners and specifically includes environmental and animal rights activists.
• We do believe these are acts of retaliation for protected First Amendment activity, such as speaking out on social justice issues.
• What we’ve asked for in the case is a thorough review of polices and practices in the CMUs.
• What’s next is we’re going into discovery, which is our opportunity to learn a lot more about the CMUs, about their inception, who was involved in designing them and why and about how designations are made.
• CMUs were opened quietly.

Guest – Alexis Agathocleous, staff Attorney at the Center for Constitutional Rights and works on CCR’s Government Misconduct and Racial Justice docket.  He is lead counsel in Aref v. Holder, challenging policies and conditions at the federal Bureau of Prisons’ Communications Management Units, and Doe v. Jindal, challenging a Louisiana law that requires individuals convicted of Crime Against Nature to register as sex offenders.

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Financial Regulators Failed: Crooks Go Unpunished

Last week, the Securities and Exchange Commission Friday charged Goldman Sachs & Co. and one of its executives with fraud in a risky offshore deal backed by subprime mortgages that cost investors more than $1 billion. The SEC also contends that Goldman allowed a client, Wall Street hedge fund Paulson & Co., to help select the securities to be sold. Paulson in turn bought insurance against the deal and when the securities sank, losing nearly all value, Paulson then made a $1 billion profit.

While these are not criminal charges, the recently released 650-page report of the Senate Permanent Subcommittee on Investigations, Wall Street and the Financial Crisis (PDF) had exposed the deceptive and risky practices within major financial institutions, that deceived clients and the public.  New Economics Perspective Blog

Professor William K. Black:

• Many people still call it the subprime crisis, it would be far better to call it, the liar’s loan crisis.
• Roughly half of all subprime loans by 2006.
• Somewhere between a quarter and 49 percent of new home loans, were in the form of liar’s loans.
• The incidence of fraud when there have been independent studies has ranged from 90 to 100 percent.
• A liar’s loan is when there is no underwriting, no verification of what’s put into the loan application.
• Overwhelmingly, it was the lenders who put the lie is liar’s loans.
• You can sell these loans in the secondary market if they appeared to have 2 characteristics that finance has told us you can’t have simultaneously.
• A premium interest rate and low risk. You could have the best of both worlds. The way to do that was to gimmick two ratios. Debt to income ratio and loan to value ratio.
• Inflating the value of homes, covered up by industry. An honest secure lender would never inflate value.
• It makes perfect sense for a fraudulent company to inflate the value of the house so they can sell the loan on the secondary market for a higher profit.
• Then Attorney General Cuomo, now governor found this as a common practice at Washington Mutual, the biggest bank failure.  WAMU had a blacklist of appraisers, you were blacklisted if you refused to inflate value of property. None of these people are being prosecuted.
• In 2004, the FBI testified there was an epidemic of mortgage fraud and predicted that it would cause a financial crisis.
• The Savings and Loans debacle cost 150 billion, the current crisis is costing over 10 trillion.
• The Office of Thrift Supervision, Chainsaw James Gilleran
• Instead of being embarrassed that they were working hand in glove with the lobbyists, they were proud of this and put this in their annual report.
• Geithner and Cuomo urged there not be investigations much less prosecutions of the elite financial frauds because he thought the financial system was too fragile.
• The Justice Department ruined an FBI initiative to try and investigate the elite frauds.
• If you are powerful enough, if you have enough ties, after citizens united, and make enough political contributions, you will not be prosecuted.
• You can’t have crony-capitalism and democracy either.
• Big finance is only supposed to be a middle man, it’s supposed to help the real economy, by simply allocating most efficiently capital to the most productive uses.
• Like any middle man you want absolutely minimal profits going to the middle man.
• Under some measures, finance has 40 percent of the total profits of all American businesses.
• This is the worst group of people you can possibly imagine having power.
• We’ve turned too many of our schools into fraud factories, where we train people how to gimmick accounting.
• Citizen’s United is a fragile case, it doesn’t make much sense in terms of the law.
• What these people are, engines for destroying wealth
• They only get 10 billion, they destroy 10 trillion dollars in wealth. They cost 10 million Americans their jobs.

Guest -  William K. Black, a professor of law at University of Missouri, Kansas City who has criticized the absence of any criminal referrals or national task force to effectively punish the elite fraudsters.  Professor Black teaches White-Collar Crime, Public Finance, Antitrust, Law & Economics.

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 Law and Disorder March 21, 2011: Play Now | Play in Popup | Download

Updates:

• Bradley Manning Update
• State Department Spokesman P.J. Crowley Resigned Over Controversial Comments
• CCR Lawsuit – Aref, et al. v. Holder, et al.

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In Memory:

The remarkable and heroic progressive lawyer Len Weinglass died on March 23.  Among his cases were the Chicago 8, the Ellsberg case and the Cuban 5.  Listen to the 4 interviews Law and Disorder did with him over the last 4 years.  He was our close comrade and will be missed by his friends and all those seeking a better world. – Michael Ratner.

• Len Weinglass November 9, 2009
• Len Weinglass June 29, 2009
• Len Weinglass June 16, 2008
• Len Weinglass September 24, 2007
  

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Death Penalty Abolished In Illinois

Last week, Governor Pat Quinn of Illinois signed into law SB3539, which repeals the death penalty in that state. This development is yet another in what appears to be signal a trend of moving away from capital punishment. Early last year we covered the American Law Institute’s declaration that the death penalty in this country has been a failure. Listeners may recall that the A.L.I. created the intellectual framework and justification for the current capital justice system. The movement away from this most final form of punishment seems to be due in large part to the public’s increased awareness about its inherent flaws such as great racial disparity on who gets executed and for what reason. Publicity around exonerations stemming from DNA evidence has also added to general awareness of procedural errors in the system.

Attorney Charles Hoffman:

• In 2003, Governor Ryan cleared out death row, he granted to the 167 men and women on death row and pardoned four.
• that prompted the legislature to pass a modicum of reform. The governor afterward assembled a commission that recommended 85 reforms.
• The legislature passed five or six.  The legislature also created a death penalty reform study commission.
• One of the reforms was that all confessions in police custody had to be videotaped in murder cases.
• No matter what safeguards you implement, there’s no system that can prevent the conviction and condemning of an innocent person.
• Prosecutors around the state were asking for the death penalty in cases that weren’t death penalty prosecutions just so the state would bear the costs rather than the county.
• The legislature is cash-strapped and we were wasting millions and millions of dollars prosecuting capital cases when here in Illinois we have the very strict alternative of life without parole.
• Final Report: Death Penalty Legislative Study Committee. Illinois Death Penalty Reform Study Commission PDF
• After Governor Ryan cleared out death row in 2003, Illinois put 17 men on death row. 2 had committed suicide, which left 15 on death row when Governor Quinn signed the abolition bill and also granted sentence commutation to all 15. He commuted their death sentences to life without parole.
• As the problems with the death penalty have been exposed, the arbitrariness, the racism, as mistakes have gone into public consciousness, juries have been rejecting the death penalty.
• Illinois has become the 16th state to abolish the death penalty, following on the heels of New Mexico, New Jersey and New York. The federal government and the military do have it.
• The “deathbelt” in this country is in the South and Texas, and is just a legacy of slavery in this country.
• Most executions occur in former slave states. One obvious flaw of the death penalty, studies have shown the death penalty is most likely to be inflicted in a case when the victim is white and the odds go up even further if the defendant is black or Hispanic.
• Its very gratifying to get rid of this barbaric practice. I represented 35 men and women who were sentenced to death. I do the direct appeals. I’ve had one client executed, I’ve had one client go home.
• Some states have made illegal purchases of the drug. (lethal injection drug shortage)
• Some states are using just one drug, a massive overdose of a barbiturate.
• Life without parole is very draconian, it means there’s no prospect for rehabilitation.

Guest – Assistant Defender in the Supreme Court Unit at the Office of the State Appellate Defender, and member of the board of directors of the Illinois Coalition to Abolish the Death Penalty.

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Communities Battle Against Gas Drilling To Protect Water, Way of Life

Environmental community groups from New York, New Jersey and Pennsylvania continue to band together and try to protect the Marcellus Shale watershed from natural gas drilling and hydraulic fracturing. The EPA has stated it will investigate how hydraulic fracturing impacts water supplies and water quality in New York State yet the drilling moratorium ends this June.  The shale is believed to hold some of the world’s largest deposits of natural gas, and those that want to mine this resource say it will reduce dependence on foreign oil and boost the economy.   However, many have shown this statement to be false as the natural gas from the United States is being sold to foreign countries such as Norway and France.

Ninety percent of the New York City’s drinking water comes from ground zero of where various oil companies want to drill into the Marcelle Shale for natural gas. Environmental and public health costs are enormous for each well. Every time a well is drilled, the companies use an estimate of 5 to 9 million gallons of water. Each time a well is fractured, it’s another 5-9 million gallons of water, a well can be fractured multiple times.  Up to 275 different toxic chemicals are used in the process and after the well is drilled, there are millions of gallons of industrial waste, it’s essentially radioactive water.  40-70 percent of this water stays underground. The hydro-fracturing process has no federal regulating body.  Some of the companies involved are Halliburton, Chesapeake Energy, Fortuna, and Talisman Hess.

Tracy Carluccio:

• My organization has been working on the issue for a few years to try to keep gas drilling from moving ahead.
• Right now there is a moratorium in place on the Delaware River Watershed. It took a year and a half to get that into place. Regulatory measures that are in place now for gas drilling are not doing their job.
• The bottom line is we’re facing an industry that wants to move ahead.
• The industry is very strong. There are international concerns.
• They’re backed by the government in many ways, they enjoy subsidies.
• This industry is going to move like heck to drill everyplace gas can be gotten.
• The Delaware River Watershed has its origins in the Catskill region of New York State.
• The east and west branches come together in Hancock, New York.
• 330 miles from Hancock to the Atlantic Ocean.
• The watershed is 13 thousand square miles and includes four states. It’s overseen by an agency that was born out of water wars.
• Back in the 1950s, all the states were suing each other about who would get water for development.
• In 1961, there was a Supreme Court decree and compact and President Kennedy signed a document that began the Delaware River Basin Commission. As a result of this compact, a large part of the Delaware River goes to New York City.
• There have been regulations federally (Represented by the Army Corp of Engineers) and regionally laid out by the Delaware River Basin Commission
• New York moratorium on gas drilling is tied to late June when there is supposed to be a new draft of the Draft Supplemental Generic Environmental Impact Statement on high volume hydraulic fracturing.
• In order to crack the rock to get at the gas is intrinsically polluting and there’s no way out of that.
• The question of how to stop it is tied to the scientific analysis free from bias.
• Without that bottom up movement, without that cry for government regulators, the industry would be moving ahead exactly as planned.

Guest – Tracy Carluccio, deputy director with Delaware Riverkeeper Network. Delaware Riverkeeper -  a watershed wide advocacy program, Delaware Riverkeeper Network takes a strong stance on regional and local issues that threaten water quality and the ecosystems of the Delaware River and its watershed. In fact, Delaware Riverkeeper Network is the only advocacy organization working throughout the entire Delaware River Watershed.

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Farmworkers, Consumers Protest Trader Joe’s Demanding Fair Labor Standards for Farmworkers

Late last month, a busload of farm workers from Florida joined members of the NYC Community Farm worker Alliance at Trader Joe’s Upper West Side store.  Men and women who pick tomatoes under very harsh conditions demand to be treated more humanely and with improved farm labor wages. Our own Michael Ratner was at the demonstration, we hear some of the interviews.

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