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Archive for the 'Prosecution of the Bush Administration' Category


Law and Disorder August 28, 2017


 

Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America

The spectacle of President Donald Trump and the palace intrigue in the White House has served daily to distract people from the political strategy and accomplishments of the radical right, which is taking over the Republican Party.

Over time, the GOP has been transformed into operation conducting a concerted effort to curb democratic rule in favor of capitalist interests in every branch of government, whatever the consequences. It is marching ever closer to the ultimate goal of reshaping the Constitution to protect monied interests. This gradual take over of a major political party happened steadily, over several decades, and often in plain sight.

Duke University Professor Nancy MacLean exposes the architecture of this change and it’s ultimate aim. She has written that “both my research and my observations as a citizen lead me to believe American democracy is in peril”.

Guest – Professor Nancy MacLean, whose new book, Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, has been described by Publishers Weekly as “a thoroughly researched and gripping narrative… [and] a feat of American intellectual and political history.” Booklist called it “perhaps the best explanation to date of the roots of the political divide that threatens to irrevocably alter American government.” The author of four other books, including Freedom is Not Enough: The Opening of the American Workplace (2006) called by the Chicago Tribune “contemporary history at its best,” and Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, named a New York Times “noteworthy” book of 1994, MacLean is the William H. Chafe Professor of History and Public Policy.

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Senate Intelligence Committee Torture Report: Attorney Scott Horton

Guantanamo suicides, CIA interrogation techniques, CIA ordered physicians who violate the Hippocratic oath, are topics of some recent articles by returning guest attorney Scott Horton. Last month, he was on Democracy Now to debate former CIA General Counsel John Rizzo on the question of declassifying a Senate Select Committee on Intelligence report about the agency’s secret detention and interrogation programs. His book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy will be published January 2015.

Attorney Scott Horton:

  • I think the results flow directly from the media coverage (ABC poll on Torture report)
  • Now major publications and broadcasters that hedged using the word torture have stopped doing that. There are only a handful of media sources that won’t do it. NPR being one of them.
  • The media also presents roughly twice as much time devoted to people justifying the use of torture techniques to those criticizing it.
  • Barack Obama who should lead the push back has gone completely silent. It’s beyond silent he talked about “tortured some folks” making it very casual, and then he said the torturers were patriots.
  • I thought it was electrifying reading. 90 percent of it I’ve heard about before and still when you read them in this clinical, plain, highly factual style and things were developed with a continuous flow with lots of background in decision making in Washington at the top and how all this effected what happened on the ground.
  • As a consumer of Congressional reports this probably the single most impressive Congressional oversight report I’ve ever seen.
  • It’s an excellent example of what the oversight committee should be doing all the time.
  • They’re doing this with respect to a program which was essentially or very largely wrapped up by October 2006.
  • We’re talking about 8 1/2 years ago.
  • They’re only able to do this kind of review in any depth when its historical, not when its real time oversight, that’s disappointing.
  • One thing that emerges from looking at these reports and the military reports is that there is a huge black hole which has never been fully developed and explored and that’s JSOC, its the military intelligence side.
  • That escaped review within the DOD process and it escaped review in CIA process and its clear that there’s a huge amount there.
  • I certainly don’t expect prosecutions to emerge for the next couple of years in the United States, but I see a process setting in that may eventually lead to prosecutions.
  • On the one hand we’re seeing a dangerous deterioration in relations with Russia, is an aggressor, which has seized territory in the heart of Europe, is waging a thinly veiled war on one of its neighbors. That is very unnerving to the major NATO powers.
  • On the other hand there’s never been a period in the history of the alliance when there is so much upset at the United States.
  • That’s come largely from the rise of the surveillance state and the role of the NSA.
  • I was looking at this report, and we know that in 2006, there was an internal review that led the CIA to conclude that these interrogation techniques were ineffective and the CIA internally decided to seek a large part of the authority for EIT’s and operation of black sites rescinded.
  • Another thing that’s very important here from this report, it tells us that Michael Hayden, George Tenant, Porter Goss and other very senior people at the CIA repeatedly intervened to block any form of punishment of people who are involved with torture and running the black sites.
  • That’s important because of the legal document Command Responsibility. The law says when command authority makes a decision not to prosecute and immunize people involved with torture and abuse, that results in the culpability of these crimes migrating up the chain of command.
  • I interviewed CIA agents who were involved in this program, and they told me they’ve all been brought out by legal counsels office and told – they may not leave the country.
  • That means you’ve got roughly 150 CIA agents, including many people near the top of the agency who can’t travel right now.
  • Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy

Guest – Scott Horton, human rights lawyer and contributing editor to Harper’s Magazine. Scott’s column – No Comment. He graduated Texas Law School in Austin with a JD and was a partner in a large New York law firm, Patterson Belknap Webb & Tyler. His new book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy.

Law and Disorder July 3, 2017


 

Jeremy Corbyn Labour Party Victory

One of the bright and hopeful developments in world politics was the wide support that Jeremy Corbyn, the leader of the British Labor Party got in that country’s recent elections. Corbyn ran on an unabashedly left platform. His party recruited tens of thousands of young people before and after the election. Although the conservative Government of Prime Minister Teresa May is still in power this is not likely to last long. To speak with us today about these developments in Great Britain and their relevance to the United States where we saw a similar phenomenon with the rise of Bernie Sanders, is Colin Robinson.

Guest – Colin Robinson is from Liverpool England and he lives in New York City. He’s the publisher of OR Books. Colin Robinson worked as a senior editor at Scribner and was previously managing director of Verso Books and publisher of The New Press. Among the authors he has published are Tariq Ali, Noam Chomsky, Alexander Cockburn, Mike Davis, Norman Finkelstein, Eduardo Galeano, Eric Hobsbawm, Lewis Lapham, Mike Marqusee, Rigoberta Menchú, Matt Taibbi and Jann Wenner.

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Poem: Low Regard

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SCOTUS on CCR CASE

Just a few weeks ago the Supreme Court reversed a federal appeals court ruling that former high-level Bush administration officials may be sued for their roles in the post-9/11 profiling and abuse of Muslim, Arab, and South Asian men.

After the 9/11 attacks, hundreds of non-citizens were rounded up solely on the basis of their race, religion, ethnicity, and immigration status. They were held in extremely restrictive confinement and physically and psychologically abused. The Court held that high-level government officials who implement and create clearly unconstitutional policies alleged to be based on national security are nonetheless shielded from liability.

However, the Court did allow plaintiffs the chance to prove their case against Warden Dennis Hasty, finding that complaint’s allegations, “plausibly show the warden’s deliberate indifference” to the abuse plaintiffs suffered while they were held at the MDC. The claims against the Warden will be sent back to the lower courts for an opportunity to show that prison administrators are not entitled to the same immunity given to high-level officials in this case.

Guest – Senior Managing Attorney Shane Kadilal from the Center for Constitutional Rights. His cases there include challenges to the indefinite detention of men at Guantánamo and domestic immigration sweeps. He has been counsel in major CCR cases challenging the material support statute, the low rate of African-American firefighter hiring in New York City, and the NSA’s warrantless surveillance program.

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Law and Disorder June 20, 2016


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¡Michael Ratner Presente!

We hear excerpts from Michael Ratner’s public memorial held in the Great Hall at Cooper Union in Manhattan, New York.  It would have been Michael’s 73rd birthday on June 13, 2016.

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¡Michael Ratner Presente! was co-sponsored by Cooper Union, the Center for Constitutional Rights, Democracy Now!, National Lawyers Guild, The Nation Institute, Nation Magazine, Haymarket Books, and Voices of a People’s History of the United States.

Michael Ratner’s Politics – By Michael Smith

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Law and Disorder May 16, 2016


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Tomas Young’s War

At age 19 Tomas Young joined the Army two days after the 9/11 attacks. For patriotic reasons he wanted to fight in Afghanistan because of that country’s connection to the attack.

He was instead deployed to Iraq, a country that had zero connection to the attacks on September 11, 2001. He was in Iraq but a few days when he was shot in an insurgent ambush while sitting in the back of an open truck driving through an area of unrest in Baghdad.

The first shot severed his spinal cord paralyzing him from the nipples on down. The second shot shattered his knee. He never felt it. Tomas Young lived for nine years with his catastrophic injury. He became a forceful and eloquent spokesman against the war in Iraq.

The movie “body of war” was made about him.  Tomas died of his injuries in 2014 at the age of 34.

Guest – Cathy Smith, a single mother who had cared for her son Tomas and advocated for him.

Guest – Mark Wilkerson spent eight years in the U.S. Army as an AH-1 Cobra & UH-60 Black Hawk helicopter crew chief with the 3rd Infantry & 101st Airborne Divisions. He was deployed with the 101st to Mogadishu, Somalia, for six months in 1993. Mark has three children, Alex, Nick and Sam. He lives in Louisville, Kentucky with his wife Melissa. This is his third book. Phil Donahue and the DONAHUE show have been honored with 20 Daytime Emmy Awards, including nine for Outstanding Host and a George Foster Peabody Broadcasting Journalism Award.

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Surveillance State and Tor

As computer technology has evolved and communications providers have profited, law enforcement and government intelligence organizations increasingly lobby to mandate that data services be engineered to allow them “back door” access to encrypted data.

Even as expansive anti-terrorism legislation provides more ways for the government to harvest our personal data, calls still continue for regulation of technology to ensure extra access channels. With each high-profile criminal attack, on U.S. soil or elsewhere across the world, government efforts to access personal communications gain momentum.

Years ago, many considered TOR, software that enables anonymous communication, to be equivalent to the Dark Net, the nefarious sites and services accessible on the Tor network that promote/enable illegal activity such as drug and gun marketplaces. After Edward Snowden’s massive data release, however, TOR use in the last year has grown quickly.

Guest – Shari Steele, Executive Director of the Tor Project. As the former director of the Electronic Frontier Foundation, Shari built it into the nation’s preeminent digital rights organization.

 

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Law and Disorder March 21, 2016


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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

Retired Florida U. S. Senator Bob Graham was the head of the US Senate intelligence committee and also  the chairman of the 9/11 commission of inquiry. He is the leading person trying to get President Obama to release to the public the suppressed 28 pages of the 911 report which have been hidden. Senator Graham contends that the 19 hijackers, 15 of whom who were Saudi Arabians,  could not have pulled off the operation alone and that in fact they were part of a support network involving the Saudi Arabian monarchy and government which helped plan, pay for and execute the complicated 911 plot which, says Senator Graham, would have otherwise been impossible to accomplish. Senator Graham has written the book Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror. It provides a candid insight to the workings of the US in Saudi relations and their implications on US foreign-policy making as it pertains to the middle east and bags tension, contemporary geopolitics.

Guest – Senator Bob Graham, is the former two–term governor of Florida and served for 18 years  in the United States Senate. This is combined with 12 years in the Florida  legislature for a total of 38 years of public service. As Governor and Senator,  Bob Graham was a centrist, committed to bringing his colleagues together behind  programs that served the broadest public interest. He was recognized by the  people of Florida when he received an 83% approval ranking as he concluded  eight years as Governor. Bob Graham retired from public service in January  2005, following his Presidential campaign in 2004.

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JFK and the Unspeakable: Why He Died and Why It Matters by Jim Douglass

JFK and the Unspeakable is the first book of 3 on the assassinations of the 1960s. Orbis Books has commissioned author James W. Douglass to write about the murders of JFK, Malcolm X and Martin Luther King, and his  the third will be on the assassination of Bobby Kennedy. The heart of JFK the Unthinkable, is not how Kennedy was killed or how Kennedy became a threat to the systemic war machine, but why DID Kennedy die? Author James Douglass says Kennedy knew that he would die and had the guts to stand up to the system and take the hit. This narrative was lost for decades, obscured by disinformation about Kennedy’s character and the conspiracy of his assassination. One review summarizes Douglass’s book in this way : JFK’s belated effort to turn America from an armed culture of victory to a member of an international peaceful world was shot down in Texas for a reason.

Jim Douglass:

  • John F. Kennedy’s experience in WWII:  He was in the South Pacific, he volunteered. He was on that PT boat.
  • What happened on that PT boat, is that it got split into two by a Japanese destroyer. He lost brothers and friends at that time.  An extraordinary experience being adrift on the ocean warning other PT boats. The experience create a distrust in military authority.
  • He said that he wanted to splinter the CIA into a thousand pieces and scatter to the winds.
  • As Kennedy said to his friends, “they figured me all wrong.”
  • The Unspeakable: the kind of evil and deceit that seems to go beyond the capacity of words to describe. The midst of war and nuclear arms race, the assassinations of Kennedy, Martin Luther King and Malcom X that the term was used.
  • JFK’s vision is articulated in the address June 10, 1963, arising from the turnaround of the missile crisis and Bay of Pigs. He wanted to move step by step into a disarmed world.
  • Nikita Khrushchev put that speech all over the Soviet Union.  The Cuban Missile Crisis is a deeply misunderstood part of our history, because it’s usually portrayed as Kennedy going to war with Nikita Khrushchev and beating him.
  • The truth was that Kennedy and Nikita Khrushchev were in over their heads, the US generals wanted nuclear war, because they had more warheads than the Soviets.
  • Nikita Khrushchev: We now have a common enemy from those pushing us toward war.
  • At that point the Cold War turned upside down because Kennedy and Khrushchev became closer to each other than either was toward their own military power system.
  • Vietnam: Kennedy’s military people would not give him an exit policy. He signed the withdrawal order from Vietnam before he was assassinated.
  • His friends said that he had an obsession with death. It was not an obsession but a real assessment that he was going to die. If you try to turn around a national security state that is dominating the world,
  • and you do so as president of the United States, of course you’re going to die. Kennedy knew that.
  • The book is a story on the deliberate destruction of hope, the vision of change, a turning of this country all of which was happening and had to be stopped. US Agencies killed Dr. Martin Luther King – 1999 Verdict
  • We’re in the same scene right now with Petraeus and McChrystal setting up Obama. They were dictating terms to Obama, unlike Kennedy, he did not face them down.
  • We need to get out ahead of Obama so that he can do something.

Guest – James W. Douglassauthor and a longtime peace activist and writer. James and his wife Shelley are co-founders of the Ground Zero Center for Nonviolent Action in Poulsbo, Washington, and Mary’s House, a Catholic Worker house of hospitality in Birmingham, Alabama.

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Law and Disorder January 18, 2016


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NYC Teacher Fired For Lessons About The Central Park Five

An English teacher at a New York City high school claims that she was fired because of a lesson on the so-called Central Park Five which school administrators warned her would “rile up” black students. Jeena Lee-Walker recently filed a lawsuit in federal court against the Dept. of Education and several administrators from the High School for Arts, Imagination and Inquiry after being fired for insubordination and poor evaluations. She claims they were the result of her pushing back on topics like the Central Park Five. Lee-Walker,  who graduated from Barnard and has post-graduate degrees from Harvard and Fordham, began working at the school in 2013 and says she was told to be more “balanced” in covering the Central Park Five case in November of that year.

The  lawsuit claims retaliation against her “violated her First Amendment right to discuss the Central Park Five case, and that the firing violated the city’s contract with the teacher’s union because she was not given a required 60 days notice.” As listeners may recall, the Central Park Five, who were wrongfully jailed for the 1989 rape of a Central Park jogger, received a $42 million settlement from NY City. In 2014, they sued the state seeking $52 million in damages for the emotional trauma of being incarcerated for years for a crime they were coerced into confessing to.

Guest – Attorney Ambrose Wotorson, a Brooklyn based attorney who is representing Jeena Lee-Walker in this case. He’s a trial lawyer focusing employment law and business litigation. Twitter account.

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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

Retired Florida U. S. Senator Bob Graham was the head of the US Senate intelligence committee and also  the chairman of the 9/11 commission of inquiry. He is the leading person trying to get President Obama to release to the public the suppressed 28 pages of the 911 report which have been hidden. Senator Graham contends that the 19 hijackers, 15 of whom who were Saudi Arabians,  could not have pulled off the operation alone and that in fact they were part of a support network involving the Saudi Arabian monarchy and government which helped plan, pay for and execute the complicated 911 plot which, says Senator Graham, would have otherwise been impossible to accomplish. Senator Graham has written the book Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror. It provides a candid insight to the workings of the US in Saudi relations and their implications on US foreign-policy making as it pertains to the middle east and bags tension, contemporary geopolitics.

Guest – Senator Bob Graham, is the former two–term governor of Florida and served for 18 years  in the United States Senate. This is combined with 12 years in the Florida  legislature for a total of 38 years of public service. As Governor and Senator,  Bob Graham was a centrist, committed to bringing his colleagues together behind  programs that served the broadest public interest. He was recognized by the  people of Florida when he received an 83% approval ranking as he concluded  eight years as Governor. Bob Graham retired from public service in January  2005, following his Presidential campaign in 2004.

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Saudi Arabia, Wahhabism and Middle East Geopolitics

We take a deeper look at Saudi Arabia and its relationship first United States and then to the other countries in the Middle East region.

Guest – Professor Rashid Khalidi, a Palestinian American who grew up in New York City. He teaches at Columbia University where he is the Edward Said Professor of Arab studies and the head of the Middle East Institute.  He is the author of a number of books, most recently “The Iron Cage: The Story of the Palestinian Struggle For Statehood. He has written more than 80 scholarly articles on Middle Eastern history and politics as well as op-ed pieces in the New York Times, the Boston Globe, the Los Angeles times, the Chicago Tribune, and The Nation magazine.

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Law and Disorder July 13, 2015


Updates:

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Steven Salaita Hired by American University of Beirut

In what we can view as a major victory for supporters of Palestinian human rights fired Professor Steven Salaita has been hired at the American University in Beirut in the American Studies Department. The American Association of University Professors calls Steven Salaita’s firing one of the significant violations of academic freedom in this decade. Nationwide over 5000 academics pledged to boycott the university resulting in the cancellation of dozens of scheduled talks and conferences at the University of Illinois. The University of Illinois’ action was part of a broader campus crackdown on Palestinian human rights activism that threatens both the foundational role of the university as a place of critical thinking and debate and the ability to advocate for Palestinian rights.

Guest – Professor Steven Salaita,  former associate professor of English at Virginia Tech. He is the author of six books and writes frequently about Arab Americans, Palestine, Indigenous Peoples, and decolonization. His current book project is entitled Images of Arabs and Muslims in the Age of Obama.Steven grew up in Bluefield, Virginia, to a mother from Nicaragua (by way of Palestine) and a father from Madaba, Jordan.  Books by Salaita,   his upcoming book is titled Uncivil Rights and The Limits Of Academic Freedom by Haymarket Press.

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Greece Economic Crisis 2015 Update

Earlier this year we spoke with regular columnist for the National Herald Dan Georgakas about the historic election as the people of Greece voted in the anti-austerity party of Syriza, led by Alexis Tsipiras winning a 149 seats of the 300 seat Parliament. Today, the economic and political state in Greece is in a tremendous state of flux.  Will Greece leave the EU and the Eurozone? Will its debt be written down and restructured?

Guest – Dan Georgakas, regular columnist for the National Herald, the leading Greek American weekly newspapero co-author of Detroit: I Do Mind Dying and coeditor 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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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 May 18, 2015


Updates:

  • Michael Ratner: This Year Marks Three Years Julian Assange In The Ecuador Embassy
  • Michael Ratner: Assange Is In Embassy Pending Extradition to Sweden Regarding Allegations. No Charges. It’s Essentially Indefinite Detention.
  • Michael Ratner: Wikileaks Posts The BND Transcripts (Germany Holding Inquiry Into NSA Spying) and Searchable Database of Sony Hacked Emails
  • Michael Ratner: Julian Assange Has Strong Proportionality Argument That Could Dismiss Allegations From Sweden.
  • Michael Ratner: The British Have Said If Julian Leaves the Embassy He Will Be Arrested.
  • Michael Ratner: CIA’s Jeffrey Sterling Sentenced to 42 Months for Leaking to New York Times Journalist

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May 8 1945 – End of World War II

Our own Michael Ratner has been in Europe, specifically in Berlin in his capacity as the President of the European Center for Constitutional Human Rights. May 8 is an important day in Europe, because its the day the Nazis were defeated 70 years ago. Michael Ratner was at a celebration during this historic event. We also hear part of a famous poem titled September 1, 1939. That’s the day the Nazis invaded Poland. It’s the day that WWII started. The Nazis had vowed they were going to destroy Poland and destroy Russia. They threw everything they had into it. 150 divisions moving east toward Russia and W.H. Auden, the great poet was sitting in bar on 52nd Street and he reflected on that historic day.

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ECCHR: Bush Torture Team Travel Restriction

Today we can say with some surety that members of the torture team from Bush, Cheney, Rumsfeld, the lawyers and scores if not hundreds of CIA agents are unwilling and afraid and fear going to the European Union and countries in Europe. Why? Because they’re are afraid they’ll be subpoenaed and arrested or otherwise forced to testify about what they did when they were part of the torture team. That result is in large part due to an organization in Europe called the European Center for Constitutional and Human Rights. It along with the Center for Constitutional Rights and others have brought numerous cases throughout Europe to make sure the torture team will be indicted and certainly at a minimum some 12 years later, that they can’t travel to Europe. The ECCHR does other work as well. It litigates and brings cases against corporations involved in labor abuses throughout the world particularly in Pakistan and Bangladesh where sweatshops have killed hundreds of workers.

Guest – Attorney Wolfgang Kaleck, founded the European Center for Constitutional and Human Rights (ECCHR) together with other internationally renowned lawyers in Berlin in 2007. ECCHR is an independent organization that works with lawyers and groups around the world to take legal proceedings against state and non-state actors for their roles in crimes against international law. ECCHR also uses legal instruments to combat inhumane working conditions and other issues in the area of business and human rights. Wolfgang Kaleck has served as General Secretary of the organization since its foundation. Kaleck previously worked as a criminal law attorney at law firm Hummel.Kaleck.Rechtsanwälte, which he co-founded in 1991. Since 1998 he has been an advocate for the Koalition gegen Straflosigkeit (Coalition against Impunity) which fights to hold Argentinian military officials accountable for the murder and disappearance of German citizens during the Argentinian dictatorship. Between 2004 and 2008 he worked with the New York Center for Constitutional Rights (CCR) to pursue criminal proceedings against members of the US military, including former Secretary of Defense Donald Rumsfeld.

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Law and Disorder December 22, 2014


Updates:

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New Cuba-U.S.A. Pact And Remaining Cuban Five Prisoners Released

Attorney Michael Ratner:

  • We’ve been covering this case for years on here. They were wrongfully convicted. They had been sent into Miami to stop Miami-Cuban terrorism against Cuba.
  • The U.S. in a vindictive prosecution had sentenced them for many years, in fact one of them was sentenced to life in prison for conspiracy to commit espionage I think.
  • It’s all part of a larger picture of what’s going on.
  • Cuba in what’s not considered an exchange, of course obviously, released Alan Gross.
  • Obama within limits sounds like he’s going to open relations within a certain way with Cuba and open an embassy in Cuba and Cuba, one in the United States.
  • It’s amazing moment, the revolution took place in 1959, so that’s only 55 years ago approx, the embargo has been in effect since 1961. It’s still in effect of course but this is a really major moment.
  • Attorney Len Weinglass would take 1 or 2 cases at a time, work on them like a dog, whether it was Mumia or in this case the Cuban Five and put every piece, every part of his life into it.

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Attorney Heidi Boghosian:

  • In the U.S. we continue to see the news portraying the five as spies when like you said they were really here to uncover unlawful activities on the part of the U.S government.
  • They handed over files to the FBI, they were very forthright with the information they gathered.
  • We also know from our interviews with attorney Mara Verheyden-Hilliard and Gloria LaRiva that the U.S. has been paying journalists in Miami to report negatively on the case of the Cuban Five and were doing so at the time of their trial.
  • One of the lawyers we used to interview on this show and a close friend of ours Lenny Weinglass who passed away a couple of years ago was the main lawyer for the Cuban Five. It then became Martin Garbus who carried on the case in an extraordinary way, and I think that all of their work and all of the work of the Committee to Free the Cuban Five has led to result that I think would have been unforeseeable 20 years ago.

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Civil Forfeiture Cases Follow Up

Michael Ratner Commends Dean of Columbia Law School Canceling Exams Allowing Option To Protest

International Criminal Court: Possible Prosecutions From U.S. Torture In Afghanistan

Happy Birthday Chelsea Manning

ECCHR Calls For 13 CIA Agents To Be Extradited To Germany

ECCHR Complaint Against Bush Era Architects Of Torture

Attorney Michael Ratner:

  • It’s taking the Senate Report they did on detention and going further and saying now we actually have evidence from one of the branches of government admitting that the CIA engaged in this incredibly awful program of torture.
  • Wolfgang Kaleck says there are about 500 CIA agents that should be quaking in their boots about traveling to Europe.

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Senate Intelligence Committee Torture Report: Attorney Scott Horton

Guantanamo suicides, CIA interrogation techniques, CIA ordered physicians who violate the Hippocratic oath, are topics of some recent articles by returning guest attorney Scott Horton. Last month, he was on Democracy Now to debate former CIA General Counsel John Rizzo on the question of declassifying a Senate Select Committee on Intelligence report about the agency’s secret detention and interrogation programs. His book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy will be published January 2015.

Attorney Scott Horton:

  • I think the results flow directly from the media coverage (ABC poll on Torture report)
  • Now major publications and broadcasters that hedged using the word torture have stopped doing that. There are only a handful of media sources that won’t do it. NPR being one of them.
  • The media also presents roughly twice as much time devoted to people justifying the use of torture techniques to those criticizing it.
  • Barack Obama who should lead the push back has gone completely silent. It’s beyond silent he talked about “tortured some folks” making it very casual, and then he said the torturers were patriots.
  • I thought it was electrifying reading. 90 percent of it I’ve heard about before and still when you read them in this clinical, plain, highly factual style and things were developed with a continuous flow with lots of background in decision making in Washington at the top and how all this effected what happened on the ground.
  • As a consumer of Congressional reports this probably the single most impressive Congressional oversight report I’ve ever seen.
  • It’s an excellent example of what the oversight committee should be doing all the time.
  • They’re doing this with respect to a program which was essentially or very largely wrapped up by October 2006.
  • We’re talking about 8 1/2 years ago.
  • They’re only able to do this kind of review in any depth when its historical, not when its real time oversight, that’s disappointing.
  • One thing that emerges from looking at these reports and the military reports is that there is a huge black hole which has never been fully developed and explored and that’s JSOC, its the military intelligence side.
  • That escaped review within the DOD process and it escaped review in CIA process and its clear that there’s a huge amount there.
  • I certainly don’t expect prosecutions to emerge for the next couple of years in the United States, but I see a process setting in that may eventually lead to prosecutions.
  • On the one hand we’re seeing a dangerous deterioration in relations with Russia, is an aggressor, which has seized territory in the heart of Europe, is waging a thinly veiled war on one of its neighbors. That is very unnerving to the major NATO powers.
  • On the other hand there’s never been a period in the history of the alliance when there is so much upset at the United States.
  • That’s come largely from the rise of the surveillance state and the role of the NSA.
  • I was looking at this report, and we know that in 2006, there was an internal review that led the CIA to conclude that these interrogation techniques were ineffective and the CIA internally decided to seek a large part of the authority for EIT’s and operation of black sites rescinded.
  • Another thing that’s very important here from this report, it tells us that Michael Hayden, George Tenant, Porter Goss and other very senior people at the CIA repeatedly intervened to block any form of punishment of people who are involved with torture and running the black sites.
  • That’s important because of the legal document Command Responsibility. The law says when command authority makes a decision not to prosecute and immunize people involved with torture and abuse, that results in the culpability of these crimes migrating up the chain of command.
  • I interviewed CIA agents who were involved in this program, and they told me they’ve all been brought out by legal counsels office and told – they may not leave the country.
  • That means you’ve got roughly 150 CIA agents, including many people near the top of the agency who can’t travel right now.
  • Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy

Guest – Scott Horton, human rights lawyer and contributing editor to Harper’s Magazine. Scott’s column – No Comment. He graduated Texas Law School in Austin with a JD and was a partner in a large New York law firm, Patterson Belknap Webb & Tyler. His new book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy.

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