Law and Disorder Radio

Archive for the 'Targeting Muslims' Category


Law and Disorder February 16, 2015


photo4a Teresa_Sheehan_photo-cropped

City and County of San Francisco v. Sheehan

In early December of 2014, the Supreme court agreed to hear the case City and County of San Francisco v. Sheehan. The case involves San Francisco police officers who reported to a group home to transport Teresa Sheehan, who was known to be mentally ill, to mental health facility. The situation ended with police firing six shots on Sheehan. She survived and filed a lawsuit arguing that officers had a responsibility under federal law to consider her mental disability. The case is not about police criminal liability, this one is about whether police are obligated to take special precautions in using deadly force, and also in entering an individual’s home without a warrant or permission. Read Michael Avery’s observation about details of case.

Attorney Michael Avery:

  • Teresa Sheehan is a woman in her mid-fifties who was living in a group home in San Francisco, a home for people with mental disabilities.
  • Officers came to the house and ended up shooting her five times at point blank range.
  • The case raises some issues for the federal courts in which the lower courts are in disagreement, and the court (Supreme Court) took the case hoping to resolve those disagreements.
  • The police came because the social worker had become concerned with Ms Sheehan, and wanted to send her to a hospital for 72 hours of evaluation and requested the assistance of the police in transporting her to the hospital.
  • Ms. Sheehan on the other hand didn’t want to be taken to the hospital, didn’t want the social worker in her room, did not want the police in her room, she just wanted to be left alone.
  • In the course of asserting her right to be left alone, she threatened the police and the social worker with a knife.
  • The police then ended up breaking through her door. Forcing open her door and when she was standing there with the knife, they tried to pepper spray her. That didn’t seem to have much effect on her and so they shot her five times.
  • Miraculously she survived but now she’s permanently disabled and disfigured. One of the bullets entered the left side of her temple, shattered her eye socket and then exited through her mouth causing serious injuries to her jaw.
  • Officers encounter people with mental disabilities extremely frequently. In large cities and towns in the United States its estimated 1 out every 15 people that the police interact with has some form of mental illness.
  • Officers are trained to try to diffuse the incident, not to threaten the person, to ask open ended questions, to listen to what the person has to say, try to establish some rapport with the person, respect the person’s space and not crowd the person, and at the same allow the incident to go on as long as it has to in order to have a peaceful resolution.
  • Several years ago I wrote an article called Unreasonable Seizures of Unreasonable People making the point that officers ought to be held to standard that requires them to follow their own training.
  • When I saw this case was in the courts, I volunteered to provide some assistance to the lawyers in connection with the brief they were writing.
  • There are two claims in the case. One is a claim under the Fourth Amendment of the Bill of Rights, which is the part that says government cannot make unreasonable searches of our home or seizures of our person and the other is a claim under the Americans With Disabilities Act.
  • In effect they discriminated against her on the basis of her disability by not following their training and not making the accommodations that they were trained to make for a mentally ill person.
  • Secondly, the argument is, when they forced open the door to her apartment and entered and used deadly force against her, they were not behaving reasonably and that again is based on the same idea it would have been reasonable to follow their training. Frankly, they just threw their training out the window.
  • Oral argument is scheduled for March 23, 2015.

Guest – Civil rights lawyer Michael Avery,  professor at Suffolk University Law School and former president of the National Lawyers Guild from 2003 to 2006. He’s also worked with the National Police Accountability Project.

—-

philadelphiafreedom1 davidkairys11

Lawyers You’ll Like: David Kairys

David Kairy began his career at the Philadelphia public defender’s office in the late 1960s. Since then, he’s been a leader in effort to fight discrimination and protect individual rights, now he’s regarded as one of the nation’s preeminent civil rights attorneys. David is a professor at the University of Temple Law School, where he teaches civil rights and constitutional law. He has written several books, including Philadelphia Freedom: Memoir of a Civil Rights Lawyer, which was published last year.

David Kairys:

  • We were of a number of young firms dedicated to civil rights and representation of progressive groups.
  • The Camden 28, caught in the act of breaking into a Camden, New Jersey draft board and destroying all of the files. This was a Catholic Left action.
  • FBI had informant in the group, who the FBI was paying on an hourly rate. The informant supplied the means to make the action happen.
  • One hundred FBI agents sat around and waited til they destroyed all the files in the office.  Many of the 28 were priests. There were more than 300 draft board raids during Vietnam.
  • Father Michael Doyle said when your government is napalming children, the place you should be is in jail.
  • Father Doyle and I strategized a way to start talking to the FBI informant Bob Hardy and eventually got an affidavit saying that the FBI manufactured this crime.
  • I filed the affidavit and it was on the front page of the New York Times.

Guest – David Kairys, Professor of Law, the first James E. Beasley Chair (2001-07), and one of the nation’s leading civil rights lawyers. He authored Philadelphia Freedom, Memoir of a Civil Rights Lawyer and With Liberty and Justice for Some and co-authored the bestselling progressive critique of the law, The Politics of Law, and authored With Liberty and Justice for Some and over 35 articles and book chapters. His columns have appeared in major periodicals, and he has been profiled in the Chronicle of Higher Education, Wall Street Journal, and Philadelphia Inquirer Sunday Magazine. Kairys’s Public Nuisance Theory.

——————————————————-

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic. This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

Share

Law and Disorder February 9, 2015


Coming Up Next Week Police Shooting Reaches Supreme Court Exclusive Michael Avery Interview

MV5BMjMzNTU4NDAzM15BMl5BanBnXkFtZTgwNTI4NzgzMTE@._V1_SX214_AL_ johnbonnieraines

1971

On March 8th 1971, a group of anonymous individuals calling themselves the Citizen’s Commission to Investigate the FBI, broke into an FBI field office in Media, Pennsylvania. They stole thousands of government documents. Among the documents was proof that the FBI under J. Edgar Hoover, was spying on law abiding citizens. The program is known as COINTELPRO and it was used to monitor, manipulate and disrupt social and political movements in the United States. The Citizens’ Commission to Investigate the FBI has been documented recently in a highly acclaimed film titled 1971, directed by Johanna Hamilton.

Johanna Hamilton:

  • I consider myself to have the good fortune to have known Betty Medsger, the author of the Burglary, for many years.
  • She and I had a personal relationship that long predated our professional collaboration.
  • Over time she came to share the outlines of the story with me and it sounded completely remarkable.
  • She introduced me to a few members of the Citizens Commission to Investigate the FBI. The 40th anniversary was approaching.
  • They wanted the story, which was so little known, to have a larger life.
  • To be clear, Betty worked many years on the book. She’s done remarkable and profound research and I joined much later and was the net beneficiary of so much of her research.
  • There were four years where we worked in tandem.
  • When I showed the film to the Citizens Commission, while the credits rolled, Keith (Keith Forsyth – the lock picker) especially, he got up and said, good job.
  • It’s a period of history I’ve been fascinated with since I was a teenager. It was the story of these extraordinary ordinary individuals who had put everything on the line and taken such great personal risk to benefit democracy.
  • They trained themselves for one night of crime. They steal all the documents in the office, leak them to the press. They send them to major newspapers, and to a couple politicians. In the end, the Washington Post is the only newspaper that decides to publish the first stories.
  • Those first stories reveal with out question illegal government spying on citizens who are going about their daily lives and exercising their First Amendment rights.
  • Betty wrote the first stories in the Washington Post and the story fades a little from the headlines. The Pentagon Papers explode 3 or 4 months later. Daniel Ellsberg is on the scene.
  • Then our story picks up again.
  • It seems inconceivable now but Hoover had been director for over 50 years, and that’s no longer possible.
  • Some people who seen the film before say they were really moved by the Church Committee hearings.
  • Attorney David Kairys is a huge figure in Philadelphia and yes back in the day he was contacted by two members of the Citizens Commission. He didn’t know what they had done, but if they got caught, they could call him day or night.
  • We were reaching the tail end, or we thought we were reaching the tail end of the film when the Snowden revelations happened.
  • The Snowden revelations were one thing, absolute bombshell, but prior to that we had a couple of other instances. Back in 2011, September, there were raids all across the country, animal rights activists, environmental groups. One night Brian Williams introduced the news and described these raids and said you know its reminiscent of Hoover back in the 1970s.
  • We had whole scenes cut together with that footage and debated and deliberated on that. In the end erred on the side of excluding it.
  • It’s opening here in New York City and will start rolling out across the country. If you check our website we update the cities that it will show at. It will be on PBS, Independent Lens at the end of May. 1971Film.com

Guest – Johanna Hamilton, director of the film 1971. She also co-produced Pray the Devil Back to Hell, which won Best Documentary at the Tribeca Film Festival in 2008 and was shortlisted for an Academy Award. Johanna has produced nonfiction programs for PBS, The History Channel, National Geographic, A&E, Discovery Channel, and The Washington Post/Newsweek Productions, including September’s Children, a documentary for PBS exploring how children around the world are affected by terrorism and war.

—–

Nyle Every-28-hours

Inspiring, and Awakening Political Activism in Youth

Young people across the nation have played a critical role in taking to the streets to protest social inequities, from Ferguson, Missouri to New York City. In a recent article in the journal Socialism and Democracy, “The Roots of Mass Incarceration: Locking Up Black Dissidents and Punishing the Poor,” writer, activist and youth pastor Nyle Fort describes how he became politically active and who inspired him. We talk with Nyle about the status of protest in this country, the forces of oppression, how young people are involved and how he helps inspire them.

Nyle Fort:

  • I graduated from Morehouse College and ended up going to seminary. I was already a licensed and ordained preacher but I wasn’t politicized yet.
  • I had already been involved in the community via the church doing speaking engagements with youth and things like that.
  • It wasn’t until I got into Princeton Theological Seminary that I began to get politicized.
  • The way that it happened was I was taking an introductory seminary class called Systematic Theology with a professor Mark Taylor. In that class he actually had Mumia Abu-Jamal call in live from death row.
  • When I heard him speak, I stopped in my seat. This man who I knew nothing of was speaking to me that was moving, not only me but I could tell the entire classroom and doing so by a 6 foot, by 10 foot cell. A cell that he had been in for 30 years, longer than I had been alive.
  • Two weeks later I found myself through Mark Taylor at my first rally December 9, 2011. Two days after Mumia had been released from death row.
  • I read the New Jim Crow very quickly, then Angela Davis’ works. That was really the beginning for me.
  • I entered activism through a prison abolitionist lens, through Mumia.
  • The rally for me was an embodiment of the things Mumia was talking about.
  • I preach. I was at First Baptist Church in Lincoln Gardens. It’s one of the largest black churches in New Jersey. My style of ministry was evolving as I was being radicalized and politicized.
  • I tried to do a lot of social justice work. We were writing letters to our incarcerated brothers and sisters as forms of religious activism.
  • I discovered a prophetic religious tradition that comes from a black liberation theological perspective.
  • When I was on the bus ride back from Ferguson I was really mad. Mad as hell because I felt there was a relative silence from the church, particularly the black church.
  • I believe in love not as a word but as a work.
  • When I engage with youth, I try to practice a love that is material. I tell young people, I love you more than they hate you.
  • We have to deal the trauma and the pain that we inherit as black people living in the western world and all around the world.
  • Love for me is a critical, not a politic that we can talk about, but a practice we can embody and engage in everyday. That has material life.
  • We’re going to take Cornell West’s worlds seriously that justice is what love looks like in public, then we have to have a love that’s expansive enough to be material and to be felt.
  • Black Lives Matter particularly as a network has articulated a feminist politic, a black feminist politic, a queer politic that is forcing us to live out our intersectionality.
  • What we’re not talking about enough is that’s messy, and its not romantic.
  • I think of oppression as institutionalized lovelessness. Let’s love each other in ways that causes each other to act.
  • Twitter – @nylefort

Guest – Nyle Fort – Nyle is a Master’s of Divinity candidate at Princeton Theological Seminary, a youth pastor, freelance writer, and grassroots community organizer based in Newark, New Jersey. He was very active during the protests in Ferguson, Missouri and New York City.

—————————————————————-

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic. This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

Share

Law and Disorder February 2, 2015


EP-131109714.jpg&maxW=960 Sept9attica2

Special on Mass Incarceration : Socialism and Democracy – Lessons from Attica: From Prisoner Rebellion to Mass Incarceration and Back

Fyodor Dostoevsky’s observed that “the degree of civilization in a society can be judged by entering its prisons.” Our guest Dr. Heather Ann Thompson reports in her recent article Lessons from Attica: From Prisoner Rebellion to Mass Incarceration and Back, that according to the Prison Policy Initiative, by 2011 the United States was confining “more than 2.4 million people in 1719 state prisons, 102 federal prisons, 2259 juvenile correctional facilities, 3283 local jails, and 79 Indian Country jails as well as in military prisons, immigration detention facilities, civil commitment centers, and prisons in the U.S. territories.

Dr. Heather Ann Thompson:

  • Its important to really examine the broader history of prisons and criminal justice because trying to explain how we became the world’s outlier with so many incarcerated and such a hugely disproportionate number being persons of color, we have a lot to explain.
  • Something very clearly happened after the 1960s to our criminal justice system, even more specifically after 1971. Clearly it had a lot to do with the rebellions of that period.
  • Sorting all that out is what I’ve been doing for the last decade.
  • Just like had happened after the civil war, sort of the first great moment of civil rights unrest in this country when we had 4 million newly freed African Americans demanding a real voice in our society, and meaningful equality.
  • The response of that society, in that case, in the South, was to change all the laws. To all of a sudden criminalize black spaces in new ways and almost overnight southern prison institutions not only exploded in population but they went from being all white to all black.
  • You fast forward to the 1960s and I think something similar happened.
  • Many northern politicians begin to conflate urban protest and unrest, the slow pace of the equality and gains with crime, and began a war on crime in 1964 with Lyndon Johnson before there was immediately impressive rise in crime.
  • We need to know much more about the people that were inside the prison walls.
  • What happened in the American prison system that we see today, what seems to be the ultimate control, the ultimate punitive penal state.
  • One of the long standing lawyers in this case Elizabeth Fink fought this battle on behalf of the Attica brothers for decades and decades. These are the people who are the real repository of that history.
  • My role as a scholar, what I tried to do was rescue for the American public, some of those hidden histories. You had a 4 day congregating thousands, 1300 men inside of a penal institution that were willing to stand together and black, Puerto Rican, white and say to the state, we’re willing to negotiate with you logically and in good faith to try to improve the conditions under which we live.
  • What made it so really remarkable was the world’s attention was focused on it. Everybody was watching Attica.
  • But ultimately, New York state was unwilling to give in on the most important demand which was amnesty.
  • Amnesty for which once they surrendered, they would not be charged for any riot-related crimes that the state would alleged they’d committed and an assurance that they would not have reprisals.
  • They – state troopers- retook the prison in an utter brutal fashion. They mowed down people first with tear gas then guns, handguns, deer slugs, shot guns, killing scores of people, wounding scores of people.
  • Then, realizing the blood bath, officials stood outside and told the world, that the prisoners are the ones that killed the hostages, and from then on tried to control the story, cover up what really happened, that began the 40 year saga of trying to tell the truth of what happened at Attica.
  • Had I not met people like Elizabeth Fink who could help me understand this story and had I not spent ten years digging in every knook and cranny to try to uncover the story, this would have been a difficult story to tell because the state has gone to enormous lengths to keep a lid on it.

Guest – Dr. Heather Ann Thompson, is a native Detroiter currently  on faculty in the Departments of African American Studies and History at Temple University. In 2015 she will be joining the faculty of the University of Michigan in Ann Arbor. Thompson has just completed the first comprehensive history of the Attica Prison Rebellion of 1971 and its legacy for Pantheon Books.

—–

salaita__large salaita2

Professor Sues University of Illinois Over Firing for “Uncivil” Gaza Tweets

We bring you to a press conference held in New York City last week at the Center for Constitutional Rights. The Center is representing Professor Steven Salaita along with the Chicago civil rights law firm of Loevy & Loevy. Salaita was hired and then discharged before he could even start his job last summer at the University of Illinois. He was hired by the American Indian Studies program after a thorough vetting. After Israel attacked Gaza where some 2000 people were killed including 500 children. Salaita tweeted several what were termed “uncivil” messages on his twitter account. This was brought to the attention of Zionist donors to the University of Illinois who then pressured Chancellor Phyllis Wise to rescind the hiring. Professor Salaita’s case is probable the most important case in 50 years, not since the 60s when the Supreme Court overturned the non-communist loyalty oath has an issue of this importance arisen. Some 6000 professors have vowed to boycott the University of Illinois.

——-

361634_Greece-Election.JPEG-0a85e 000a1258-642

Greece’s Left-Wing Coalition Wins Majority

Last week in a historic election, the Greek people voted in the anti-austerity party of Syriza, led by Alexis Tsipiras winning a 149 seats of the 300 seat Parliament. In the previous 8 years, the Greek people have demonstrated massively, occupied government buildings and have gone on more than 30 general strikes. Now they’ve formed a party to take back power in government to effectuate a program that will call for cancellation of debt, nationalization of the banks, and expropriating closed factories. Will their attempt to alleviate much of the misery of the Greek population succeed? We’ll see.

Dan Georgakas:

  • Austerity in Greece means 26 percent unemployment for at least 3 years, 60 percent unemployment for people under 30 which has caused 200 thousand college graduates to leave the country in the last 2 years.
  • Greece had the lowest pensions in the EU.
  • Wages which were the lowest in Europe were cut about a third.
  • Prices in Greece are about the same in the EU elsewhere.
  • 300 thousand businesses failed as of 2013.
  • What austerity does, having taken away people’s money is raise the property tax and raise the gas and electric taxes.
  • It’s a pretty desperate situation, food lines, there’s been a mass movement from the bottom.
  • There are a lot of small left wing parties in Greece.
  • What Syriza did was put together a coalition of left parties. That was very difficult to do because within the coalition there are Trotskyists, there are Euro-communists, environmentalists, anarcho-syndicalists and so getting to all those people into one room and agreeing on a program is not a very easy thing to do.
  • But Syriza itself isn’t there for a traditional party. It is a coalition of parties that probably will transform in time perhaps into a coherent party.
  • I would say that if anything characterizes the profile of Syriza its very anti-Stalinist. It wants to go from the base up and talks a lot about horizontalism.
  • It’s quite a weak economy and say it will take decades to repair.
  • In the minds of the leadership is capitalism and prosperity are incompatible.
  • The steps they want to take are very modest, beginning with changing some of the cuts they made in the past, and beginning to deal with the corruption and tremendous waste of money.
  • Same day he was inaugurated, he (Alexis Tsipras) went to Kaisariani where 300 Greeks were massacred by the Nazis as they were departing Athens. Most of the people massacred were communists or resistance fighters. Going there after being sworn as prime minister and laying a rose on the graves, he really served notice on the Germans that the days of us kowtowing and being bullied by you are really over and don’t you dare call us pigs anymore.
  • People who contact me say that people are euphoric in Athens.
  • We realize that the loans to Greece are really self serving. For instance, Goldman Sachs, arranged for Greece to enter the Eurozone in the first place by totally fraudulent cash arrangement.
  • They loaned Greece money at a special rate so Greece could pay off its debt to look like it was solvent and then issued new bonds at even higher rates.
  • pressproject.gr

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.

—————————————————————-

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic. This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

Share

Law and Disorder January 19, 2015


Cuban3Pesos CU-69d

U.S. Cuban Foreign Policy Changes Strategy: Normalizing Relations

Last year, in a sudden reversal of policy, the United States released the remaining three of the Cuban Five who were imprisoned for arrested in the United States while investigating Cuban exile groups accused of terrorism. The release was part of a prisoner exchange announced on when President Barack Obama ordered the restoration of diplomatic relations with Cuba, that has been isolated by a trade embargo for 54 years.

Sandra Levinson:

  • When you’ve lived through 10 or 11 presidents and you’ve seen how bad our policy can be, and also the disappointment that people like me felt, since Obama had been elected, that almost nothing had been done for improving travel for Cuban Americans.
  • The point at which I cried was when he said he was going to open an embassy in Havana, because once you got over the fact, the 3 political prisoners were coming home, that was sheer joy to realize along with the Cubans, they were crying too. They said we’ve finally been recognized as a government.
  • I think it will be great for the Cuban artists.
  • By the second day the people were saying we have to make sure we keep our culture.
  • We have to be sure we keep our country.
  • Cuba needs help with its infrastructure, it doesn’t need McDonald’s
  • We still have the Helms-Burton law. We still have the embargo. I think our next fight is to get rid of the Helms-Burton law because that has done so much to strengthen the embargo.
  • I think the Cubans will attempt to slow the flow of people from the United States to what they can manage.
  • As we all know the infrastructure for tourism is not sufficient to take care of everyone. I’m surprised they didn’t recognize sooner.
  • Clearly its because of US interest that we are doing this. We are not doing this to finally be nice to the Cuban revolution.
  • cubaupdate.org / cubanartspace.net

Guest – Sandra Levinson, President and Executive Director of the Center for Cuban Studies. She was one of the Center’s founders in 1972. In 1991 Levinson spearheaded a lawsuit against the U.S. Treasury Department which resulted in legalizing the importation of original Cuban art.  She is currently directing works at the Cuban Art Space, which she founded in 1999, to properly house and archive the thousands of posters, photographs and artworks which the Center has collected in the past 42 years

——

MR-066-03-2014-07-200x300 nsa-prism-data-flow

Electronic Communications Surveillance

In the recent Monthly Review, there’s an article titled Electronics Communications Surveillance written by attorney Lauren Regan. The article enumerates the various laws, acts and court cases that have led up to collecting information on millions of citizens such as phone, internet, and email habits, credit card and bank records. Nearly all of our on line activity is subject to being surveilled by the state. Lauren breaks it down from Electronic Communications Privacy Act of 1986, an extension of the 1968 Federal Wiretap Act, the FISA Act and on to the USA Patriot Act in 2001. The article is grouped into 3 areas,  wiretaps and “electronic eavesdropping,” stored messages, and pen registers and trap-and-trace devices.

Attorney Lauren Regan:

  • The corporations that are engaged in gray intelligence use the term threat assessment.
  • They look at activist communities even individuals and determine what level of threat they pose to the profit making components of their enterprise.
  • I think its important that activists engage in their own threat assessment as well.
  • In the documents (FOIA requests) we learned that the corporations themselves want to maintain clean hands. They don’t want to get caught spying on Mom and Pop holding a banner on a street corner.
  • They devised this scheme where there is this security firm and public relations firm that kind of open up their own shop next door.
  • They’re often former FBI agents for some of these big corporations and industries. They will collect the intelligence and its up to these PR firms to put it into these “terrorist bulletins.”
  • For a long time we knew that corporations often hired by the government itself but also hired by big industry has been going through open source intelligence. So they’ve been monitoring our websites and social media and email lists and press releases and any other public documents they can get their hands on in their 8 hour paid day.
  • They compile all this information into reports and then they sell it to police or other corporations or the government.
  • They call them issue monitoring or trend analysis. In essence it is attempting to both legitimize and make profit of spying on political groups and political activists.
  • In my experience its less important to focus on the name of the corporation because they’re so slippery and constantly changing their names.
  • The animal rights movement has definitely been a significant target for this type of spying.
  • We were working with a number of different organizations who were afraid. Who were thinking of stopping their campaigns, because they were concerned they were going to be put in prison, that they were going to be labeled terrorists.
  • One of the campaigns out of Pennsylvania, consisted of teachers, doctors, people who were once a week going out on street corners and holding a banner opposing fracking and they found themselves in a terrorist bulletin.
  • Especially when you’re talking about giant coal industries, and tar sands industries. These are gazillion dollar corporations. They’re multinational in scope. They’re working together within their industries which means they have more money and resources to put road blocks in front of regular public interest citizens.
  • There are things that you can do to make life more difficult for those that wish to spy upon you.
  • Thor and VPN are ways to use the internet with less ability to be tracked or surveyed.
  • We represent activists for free and we coordinate legal teams around the country to insure that activists have high quality representation, when they choose to risk their liberty for a cause.

GuestLauren Regan, the founder and executive director of the Civil Liberties Defense Center (CLDC), where she serves as our staff attorney as well. Ms. Regan operates a public interest law firm, The Justice Law Group, specializing in constitutional law, civil rights, and criminal defense. She is a founding board member and past president of the Cascadia Wildlands. She also serves as a Lane County Teen Court judge, Oregon State Bar Leadership Fellow, National Lawyers Guild, Eugene co-chair, and volunteers hundreds of hours a year to various progressive causes.

—–

Prados_F13_C fji

The Family Jewels: The CIA, Secrecy and Presidential Power

The surveillance and torture programs conducted by agents and contractors of the United States Central Intelligence Agency has a long sordid past. One of the first revelations of the CIA’s illegal activities released to the public was released in December 1974 by the New York Times. Details of surveillance, eavesdropping, detention and interrogation shocked readers. It was also became the foundation for deeper research by our next guest John Prados,  a senior fellow of the National Security Archive in Washington, DC. He’s the author of the book The Family Jewels: The CIA, Secrecy and Presidential Power, where Prados recounts secret operations and how Vice President Richard Cheney played a leading role in intelligence abuses. He joins us today to talk about the Senate Select Committee on Intelligence Torture Report and the deeper connections based on his research.

John Prados:

  • A semi-notorious document that was known as the family jewels – this was a record of CIA abuses of the 1950s, 60s, and 70s, when they were spying on American citizens. In fact the revelation was so explosive at that time it lead to multiple investigations of the CIA by the Church Committee, the Pike Committee.
  • I think that the CIA has a preoccupation with image. The episode of the “family jewels” is typical because at the time the intelligence agency’s director was Michael Hayden. Hayden, simultaneous with the release of the document gave a speech taking credit for thinking of releasing the “family jewels” themselves.
  • In my book The Family Jewels I have a couple of chapters that documents this kind of activity.
  • We have been waiting 2 years for the appearance of this report.
  • If you look at the website that’s maintained by former director Hayden, and former director Porter Goss and former director George Tenant, you will see that they posted on their website declassified CIA documents, much more lightly redacted that were released as long ago as last summer.
  • These are the first documents I have seen containing direct Whitehouse action and activity on the torture issue.
  • The best piece of this relates to early 2004, where there was the United Nations international day of support for victims of torture. Tenant sends a memo to Condi Rice and requests that the Whitehouse reconfirm Bush Administration support for the torture program.
  • When that was not immediately forthcoming, they did this again.
  • CIASavesLives.com
  • These things were released as part of the argument that was made by former intelligence officials that torture was approved and legal.
  • Not just damage control but the perpetrators, the agency officials responsible for this program,they know its not legal, they know its morally reprehensible. They’re operating under the fig leaf of this presidential authority and this mumbo jumbo Department of Justice legal memo network.
  • If there’s a breath of questioning it all of a sudden, they’re not covered anymore. That’s the reason for the sensitivity and the reason why the CIA suddenly erupted in this effort to reconfirm these authorities.
  • If you delete material from the documents in such a way that the public can’t tell that the material the CIA got was useful, or misleading everybody.
  • The Senate report is so important because it shows on all of these cases, they took the ones twenty ones, the CIA most claims they got information for them. The report shows that in every one of those cases in fact they were getting information without resorting to the torture.
  • I think we have a challenge. I think we need to work to make a wedge for accountability in this country. I do think Americans are shamed and embarrassed by this behavior. This is not what the United States is about.

Guest- John Prados is an author and analyst of national security based in Washington, DC. He is the author of more than twenty books and many articles on topics of current importance, presidential studies, international security; and diplomatic, intelligence, or military history. His current book is The Family Jewels: The CIA, Secrecy, and Presidential Power (University of Texas Press)Newly appearing in paperback are Islands of Destiny: The Solomons Campaign and the Eclipse of the Rising Sun. In addition Prados is author of titles on national security, the American presidency, and other subjects including Vietnam, the Soviet Union, and World War II. He is also a noted designer of boardgames on military strategy, intelligence, and diplomacy.

—————————————————————–

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic (link is fixed). This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

Share

Law and Disorder January 5, 2015


Updates:

  • Hosts Look Back At Several Legal Cases Of 2014
  • Professor Steven Salaita Case Update
  • Palestinians Join International Criminal Court After UN Rejection
  • Michael Ratner: There Is An Immediate Jurisdiction In The ICC On The Occupied Territories
  • Michael Ratner: Guantanamo Statistics 2015
  • Michael Ratner: Afghanistan War Ends?

—–

spying1L 10_ragcrowleycover_small-634x1024

Dissent Under Surveillance: Heidi Boghosian

“Dissent Under Surveillance” was a panel held on November 7th at the Cooper Union in NY. It featured our own Heidi Boghosian, along with panelists Kevin Gosztola, Lisa Lynch, Ryan Shapiro and Carey Shenkman. Carey has been a guest on Law and Disorder. The panel was part of The Clandestine Reading Room, an exploration of leaked and declassified documents shedding light on government surveillance and secrecy in the US.

—-

report1a tortureandimpunity

How To Read The Senate Report On CIA Torture

We welcome back author and professor of history at the University of Wisconsin, Al McCoy who recently published the article titled How to Read The Senate Report On CIA Torture. He calls it the single most important U.S. government document released to date in this still-young 21st century, yet its not without particular failings. McCoy distills the report into several potent areas. Among them, he points out how the report shows the “perpetrators as mendacious careerists willing to twist any truth to win a promotion or secure a lucrative contract.” Another is that the CIA has now been forced to admit that any link between torture and actionable intelligence is “unknowable.”

Professor Al McCoy:

  • The report gives us a graphic record of just how brutal the CIA interrogations were.
  • For years now we’ve been saying enhanced interrogation techniques or the acronym EIT’s or techniques which some consider to be torture, all kinds of twisted euphemisms. Well now, thanks to the senate report on the CIA on interrogation and incarceration everybody, citizen and senator alike, just say torture.
  • Another aspect that emerges from the report is a graphic description inside the worst of the CIA managed prisons, the salt pit in Afghanistan. The cold and eternal darkness, the capricious brutality of the CIA interrogators. The absolute incompetence from the point of modern incarceration of the CIA junior prison managers who were sent out without training to run this prison.
  • Through all of that the salt pit in Afghanistan can join that long lineage of state human cesspits of suffering.
  • Another thing and I think the most important contribution of the senate report is to establish that all the CIA’s claims that brutal coercive interrogation somehow kept us safe, blocked terrorist plots, led us to Osama Bin Laden.
  • No longer can the CIA claim the techniques work.
  • There’s one little detail that doesn’t seem that important analytically that sticks out and becomes absolutely iconic.
  • The iconic part of that report is the fact that the CIA paid 81 million dollars to 2 retired military psychologists who had no training, no language skills, no nothing. These 2 mediocrities are given 81 million dollars to run the CIA psychological and interrogation program.
  • The Senate tells us there’s this female operative that was responsible for one of the biggest bungles of the war on terror. The seizure off the streets of a German national named el Mazri. He was rendered to the salt pit in Afghanistan and for 4 months he suffered the vicissitudes of that horrific prison, that iconic hell hole. Then the CIA figures out, oops. This is a complete mistake. This guy is not in any way a terrorist, and they literally dump him on a mountain top in Albania with a wad of cash and have a nice day.
  • That operative then also claimed in testimony to the CIA inspector general in 2004 who was investigating the abuses inside the agency’s prisons that these techniques were working. The brutal interrogation, the water boarding of Khalid Sheik Mohammad the top al-Qaeda suspect had led the agency to another suspect named Majid Khan.
  • It turned out that Majid Khan was already in CIA custody before the interrogation. Her statement was completely bogus. Who is this person?
  • The CIA drew upon her primarily we believe to make her this fictional female CIA operative in Zero Dark Thirty this hero, whose almost obsessive pursuit of Osama Bin Laden and her participation in torture sessions led the Navy Seals to kill Osama Bin Laden in Pakistan.
  • Her name is Alfreda Bikowski. She was the one who missed the signals on the 911 plot before it happened.
  • She gave systematic false testimony as I described. She led the CIA on a false goose chase on a supposed terrorist cell in Montana and for all that she’s been promoted to the equivalent of a CIA rank as a one star general.
  • In 2012, this civil servant had bought an 875 thousand dollar house in Virginia, a luxury residence.
  • In short, instead of being reprimanded, demoted, punished for this cacophony of errors, the CIA operative had been rewarded.
  • (the senate report) they don’t really explore the history, they don’t tell us where did this psychological torture come from.
  • Where did this institutional reflex for torture come from? It comes from a 60 year history of the U.S. involvement of torture.
  • The CIA was desperately afraid that the Soviets had somehow cracked the code of human consciousness.
  • The sensory deprivation, the sensory disorientation leads to a very quick breakdown.
  • Torture up to but not death was legal, and that’s what allowed the CIA to do all this.

Guest – Professor Alfred McCoy is the author of two recent books on this subject—Torture and Impunity: The U.S. Doctrine of Coercive Interrogation (University of Wisconsin Press, 2012) and A Question of Torture: CIA Interrogation from the Cold War to the War on Terror. Welcome to Law and Disorder.

———————————————————-

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic (link is fixed). This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

 

 

 

Share

Law and Disorder December 15, 2014


report1a cia-black-sites

The Senate Intelligence Committee’s Report On CIA’s Detention & Interrogation

Attorney Michael Ratner:

  • The Senate Committee on Intelligence started the investigation in 2007 after 92 tapes of water-boarding were destroyed by the CIA.
  • That’s where the investigation began. In 2009, the Senate Committee still controlled by the Democrats spent 4 years going through millions of documents at a high cost to try and come out with a report on the CIA’s role on what they called detention and interrogation program.
  • After 4 years they came out with a 6,700 in 2012 and they decided only to release the executive summary.
  • Obama himself actually supported having more and more redactions.
  • The redactions are stupid. Everybody knows in my field knows that Cobalt refers to what’s called the salt pit in Afghanistan which is a CIA run detention facility north of Kabal, or torture facility.
  • Even if lives were saved its flatly illegal. You can’t kill a millions civilians because you want to save some of your soldiers.
  • In the report they said that the CIA said before 911 that torture doesn’t work, its not effective.
  • What Marnia Lazreg said in her book about torture in Algeria – she said it wasn’t really about information and it was about a macho empire that was in decline.
  • What are you saying here – except this is about torturing Muslims, its about empire, and its about telling the world – you fall into our hands, we’re going to torture you.
  • What they did was on the highest levels of the CIA, they went to places like the New York Times and the Washington Post and they wanted to be identified as a high level official and they leaked the stories of what they were doing in a way that would give them credit for it.
  • I’m not hopeless about prosecutions, maybe not here, but somewhere in the world these people will be held accountable.
  • This is only talking about what the CIA did at 9 dark sites around the world. The point I want to make is that there was torture going on at other places.
  • 700 people went through Guantanamo, that’s the Rumsfeld techniques. Torture at Abu Gharib, torture at other U.S. prisons.
  • We’re talking about a very small subset of U.S. torture.
  • CIA sited Israeli Supreme Court ruling to justify torture. The Israeli ruling is that you can’t use torture except where there’s no other available means to prevent harm to other people.
  • There’s no such thing as a ticking time bomb scenario that allows you to use it (torture)
  • Go to CCRJustice.org, sign the petition

Attorney Michael Smith:

  • The lying was more than I thought. The brutality was more than I thought. The corruption was more than I thought.
  • On the lying, the report says no lives were saved as consequence to this program. We knew about water boarding but we didn’t know about rectal feeding or rectal hydration, where they left one man with a prolapsed rectum which means its hanging out.
  • We didn’t know about killing people by chaining them to the floor in a cold room and dousing them with water.
  • This program was run by 2 amateur psychologists, who didn’t know anything about Arab culture, who didn’t know anything about interrogation.
  • They set up a corporation and the government gave them 81 million of our dollars to run this thing from 2001 to 2007, if you do the numbers these guys probably made 5 million dollars a year, less expenses.
  • This is the most violent country in the world. The CIA is the epitome of this. Torture is illegal under American law, under international law. People who do it should be prosecuted.
  • People who authorize it should be prosecuted, and there’s no talk about that.

Attorney Heidi Boghosian:

  • My number one take away is something we’ve been covering for years is that no actionable intelligence came out as a result of these heinous practices.
  • What also offends me greatly is hearing George W. Bush’s response that anyone who buys into this report or gives in credence, is somehow unpatriotic which fits into the whole propaganda that we’ve been fed, that questioning anything the government does, is an offense or an affront.
  • These companies are profiting from torture.

——–

 eric_garner_choke dan-donovan2

Eric Garner’s Public Defender Says Cops and Prosecutors “Are a Team in Every Case”

A recent Vanity Fair article titled Eric Garner’s Public Defender Says Cops and Prosecutors “Are a Team in Every Case” exposes the secrecy and conflicts of interest within investigations of police violence and how seven of the ten most-sued police officers of the 35,000-member New York Police Department happen to be in Staten Island. The article was written by attorneys Bina Ahmad, Joseph Doyle, and Michael Rooney public defenders in Staten Island with The Legal Aid Society. We also get a look inside grand jury proceedings and the often bias investigation from district attorney’s offices when looking into police wrongdoing. What steps are needed to structure fair court proceedings in these cases?

Attorney Bina Ahmad:

  • Seven of the ten most-sued police officers of the 35,000-member New York Police Department happen to be in Staten Island.
  • They still work there, they still testify in court, swear under oath, they’re telling the truth, they’re still violating our clients rights with impunity left and right, commit violent acts against them.
  • The disparate treatment, of not only of the way our clients of color are treated, in a much more brutal way, but also in the way they’re charged and the plea offers that they’re given is very stark and very discriminatory in my mind.
  • Many of us here at Legal Aid and other criminal defense attorneys around the city   . . . we try to get the personnel records of officers who have been accused of brutality or violating people’s Constitutional rights, and (see) what they’ve been disciplined for within the NYPD.
  • Abuses include – strip searching people on the street, full cavity search for people on routine stops, brutalizing people for not complying with a simple order.
  • A few colleagues of mine had represented him (Eric Garner) in the past. Attorney Joseph Doyle was working to take a case to trial for him. A lot of people knew Eric Garner, and they called him the “gentle giant.” A large man, but known to be gentle and sweet, father of six.
  • When the news came out that he was killed, it was incredibly difficult for us. Not only for us but for our clients.
  • To task a local D.A’s office to prosecute one of their own, a local member of the local police department, particularly in such a small borough, you’re expecting them to prosecute a member of their own member of their team.
  • Every judge knows they have to recuse themselves from a case if they have a relationship with any of the parties involved.
  • With the D.A. they don’t have that obligation. They work on cases together. They prep them for testifying at trial to be a prosecution witness.
  • Choke holds were banned as a practice a while ago as part of police protocol. The fact that a police used one was a violation of police protocol.
  • We are not allowed in the grand jury room for any moment except for if your client chooses to testify. If our client chooses to testify, we can’t protect them at all.
  • They take the stand, they’re cross examined by the D.A. Everything they say can and will be used against them later.
  • The D.A. control everything, the narrative, what evidence is shown, what witness testifies, what questions the witness is asked.
  • It would be up to the grand jury to feel empowered to ask more questions.
  • Any eye witness that would come in as a prosecution witness, where they’re supposed to be getting an indictment on a cop. They’ll be testifying for the prosecution but what we’ve seen in these minutes is the way the district attorney these prosecution witnesses – they’re acting like they’re cross examining them.
  • They’re actually trying to break down their testimony or poke holes in their testimony.
  • They suddenly become a defense attorney when the cop is on the line.

Guest – Attorney Bina Ahmad,  staff attorney in the criminal defense practice department of the Legal Aid Society and National Vice President of the National Lawyers Guild.

——–

garner-crowds2 garner-protest2

Foley Square Demonstration: Voices From The Protest

We hear some of the voices of demonstrators assembling at Foley Square during the first protest against the grand jury decision failing to indict those officers responsible for choking Eric Garner to death.

————————————————————————————————-

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic (link is fixed). This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

 

Share

Law and Disorder December 1, 2014


Updates:

  • Hosts Discuss Mass Demonstrations In Wake Of Ferguson Grand Jury Verdict

—-

FERGUSONBLOG-NYC2-blog480 images

Mumia Abu Jamal Responds To Grand Jury Not Indicting Ferguson Police Officer Darren Wilson

We talk today about the wide scale pattern of police violence against people of color in the context of the grand jury decision in St. Louis, Missouri to not indict Ferguson police officer Darren Wilson for the fatal shooting of Michael Brown, an unarmed 18 year old African American. The decision sparked more outrage within the community of Ferguson and launched tens of thousands into the streets in cities across the country. The grand jury is comprised of 12 members and 10 out of the 12 would have to agree to indict. The grand jury had a number of choices, such as first degree murder, second degree murder, voluntary manslaughter or involuntary manslaughter. First degree murder would have required evidence that Wilson set out to kill Brown. Second degree murder charges were possible, but this choice was unlikely if jurors decided that Wilson was negligent when he shot Brown, they could have gone with a charge of voluntary or involuntary manslaughter.

Mumia Abu Jamal:

  • When you think back through American history, there are actually few periods where you see this range of protest.
  • You’ll see throughout the 20th century protest. Think about April 4, 1968, the day Martin Luther King Jr. was killed and you saw protests all across the country over hundred cities.
  • And look what happened a few hours ago, perhaps a greater range of protest in over 170 cities tells you I think better than anything I can say, that things are very bad indeed for the African American community and their expectation of justice in this system.
  • Think about the weather, people coming out in the dire cold, right, to protest at night. That’s not an easy thing, people don’t do that easily and they do it at considerable risk and some danger.
  • That speaks to the depth of the feeling in their hearts that something is broken in the American justice system.
  • The recent midterm election was the lowest turnout since the 1940s. That says something about American discontent with the political system.
  • It actually reminds me about the demonstrations before the 2003 Iraq War, where all around the world in hundreds of countries you saw demonstrations that were unprecedented.
  • People feel that. Now that can dissipate until a new provocation.
  • This is the time where organizers should be on their p’s and q’s and out there taking phone numbers and taking emails and building lists.
  • To stand up at this moment, the first African American president in America’s history and talk about that people need to observe and respect the rule of law is I think frankly absurd.
  • Barack Hussein Obama was born August 4, 1961. In that year there were about 20 states that made it illegal for a white person to marry a black person.
  • People went to jail for what they called interracial fornication.
  • When you talk about the rule of law, you have to talk about the rule of right and the rule of wrong.
  • To quote John Africa, who said just cause its legal don’t make it right.
  • We live in a country that legalized slavery.
  • Many things are done in the name of law, but they’re wrong, they’re simply wrong.
  • I was reading in the USA Today last week, (I’m little behind in my reading) they said 461 people were killed by police in 2013.
  • This is something that’s systemic in the United States, and the people are trying to draw attention and I don’t think its successful, but its a damn good beginning.

Guest – Mumia Abu-Jamal is a renowned journalist from Philadelphia who has been in prison since 1981 and was on death row since 1983 for allegedly shooting Philadelphia police officer Daniel Faulkner. After decades of appeals, he left death row in 2012 but is still facing a life sentence. He is known as the “Voice of the Voiceless” for his award-winning reporting on police/state violence brutality and other social and racial epidemics that plague communities of color in Philadelphia and throughout the world.

—-

carol-thomasSM carole-hinder

Civil Forfeiture: Federal Government Seizes Property Of Business Owners

In May of 2013, two Internal Revenue Service agents seized the checking account of Carole Hinders and the 32 thousand dollar balance. Hinders was accuses of structuring her deposits to be less than 10 thousand dollars to avoid filing required government reports. This is a tactic often used by drug dealers and other criminals to move money around without detection. However, Carl Hinders owns a Mexican restaurant and her business is cash only. She did explain to the IRS agents that she made deposits almost daily to avoid having thousands of cash on hand. Hinders wasn’t charged with a crime, yet the IRS still seized the money. There are many cases of civil forfeiture similar to Carol’s where the property is taken without proper due process and investigation.

Attorney Larry Salzman:

  • Civil forfeiture is a set of laws that allow government agencies to take your property when they suspect its been involved in crime but they don’t need to charge you with any crime to take that property.
  • One of the incredible things about civil forfeiture is that the agencies that seize your money based on a mere suspicion actually get to keep that money to fund their agencies.
  • That’s true in most states and also for the federal law.
  • Every state is engaged in civil forfeiture. Minnesota had a reform. They no longer use strictly civil forfeiture, they’ll only take your property after you’ve been convicted of a criminal offense.
  • The federal government uses it (civil forfeiture) almost every major agency of the federal government, the Drug Enforcement Administration, the IRS, the DHS, ICE.
  • You can’t have both civil forfeiture and an impartial enforcement of the law if the agencies enforcing that law get the money.
  • In federal cases there’s another lack of due process. The federal agencies seize cash like a bank account, the law doesn’t provide any prompt post seizure hearings. So, there’s no right for you to quickly contest the validity of the seizure. You might wait a hear without your money before you get to see a judge.
  • It’s very hard to get it back because it means mounting a full scale defense in state or federal court against well funded prosecutors.
  • There’s that financial incentive, so the government is doing more and more of these civil forfeitures as their budgets are coming under constraint.
  • If local law enforcement involves themselves in a federal forfeiture action, they’ll get paid a bounty by the feds for their participation. That becomes a very meaningful part of police department budgets.
  • That equitable sharing program has ballooned from nothing to something over 450 million dollars a year given to local police departments.
  • We’re seeing it again with another set of clients. We have 3 brothers who own a convenient store distribution business on Long Island, the IRS again took 446 thousand dollars from them.
  • This is a modest business almost all of that money was money that was owed to vendors for inventory. They grabbed their bank account when it was its fullest basically. The allegation again was structuring.
  • There’s not even a civil forfeiture action that’s been filed, that’s a violation of law in itself the government’s committed.
  • Many of the worst aspects of civil forfeiture were ushered in on the premise that they were needed to combat drug trafficking but now we see civil forfeiture being used to treat legitimate small businesses like criminals, just because they’re making frequent cash deposits.

Guest – Attorney Larry Salzman is with the Institute for Justice. He joined the Institute in April 2011 and litigates cutting-edge constitutional cases protecting individual rights, including free speech, property rights, and economic liberties, in federal and state courts. He is originally from San Diego. His commitment to both entrepreneurship and law is reflected in his career prior to joining IJ.  Larry co-founded an ecommerce company with his family in 2000, while attending law school at night, and returned to the business for several years as CEO upon its sale in 2007. During the interim, he was an attorney with Pacific Legal Foundation, in Sacramento, California, litigating property rights cases in federal and state courts, and served as a clerk to Judge Bohdan A. Futey on the United States Court of Federal Claims. Larry received his law degree in 2002 from the University of San Diego, where he was Assistant Editor of the San Diego Law Review. He received an undergraduate degree in Finance from Arizona State University in 1993.

——————————————————————————————————————————–

Share

Law and Disorder November 24, 2014


Updates:

  • RE/MAX Cashes In On Israel’s Illegal Settlements – Code Pink Calls For RE/MAX Boycott Campaign
  • US Senate Votes Down USA Freedom Act
  • Michael Ratner: President Obama Doesn’t Need Legislation To Stop The NSA, He Can Simply Direct the NSA Not To Collect Meta-Data

—–

salaitapstr salaita2

Academic Freedom Case Gains Traction

Since the University of Illinois at Urbana-Champaign Board of Trustees rejected Professor Steven Salaita’s candidacy for a tenured faculty appointment to the American Indian studies program, Salaita has been giving presentations about his case and the importance of academic freedom. Initially we reported here on Law and Disorder that Professor Salaita was un-hired from the American Indian Studies program at the University of Illinois at Urbana-Champaign because of his statements on social media criticizing Israel’s conduct of military operations in Gaza. Emails within the University revealed under Freedom of Information Act Requests show that it was outside pressure from donors that influenced the University of Illinois Chancellor’s decision to dehire Salaita.

Professor Salaita:

  • My Dad grew up in Jordan, my Mom in Nicaragua. I grew up in West Virginia.
  • I got my undergraduate and Master’s degree from a small regional college in south west Virginia called Radford University and I got my PhD in Native American Studies from the University of Oklahoma.
  • My interest in Native American studies developed from a Native American novel course I took in college. It generated a profound interest in the histories of settlement and dispossession in North America which struck me as similar in important ways to the forms of dispossession that Palestinians have suffered in the Middle East.
  • I submitted my application in October of 2012. I was offered the job in September of 2013. Signed the contract of October of 2013.
  • The contract was countersigned by university officials and it was made formal. At that point it was announced that I had accepted the job.
  • The process was nearly 2 years long from submission of the application to the signing of the contract.
  • Any search process in the humanities or social sciences starts with a search committee of 4-6 people. They’ll look over a candidate’s cover letter. They’ll examine a candidate’s scholarship and they’ll examine that scholarship in detail.
  • Once the search committee has made its selection it has to go to other committees throughout the university.  A committee composed of representatives from the college. In my case the college of liberal arts and sciences.
  • Because I was coming in with tenure I also had to be vetted by external referees, anywhere from 4 to 6. They basically read all of my scholarship. I had to send them all of my books, all of my scholarly articles, my teaching dossier.
  • Given the statements that Israeli leaders have made, “mowing the lawn in Gaza”, “putting the people in Gaza on a diet” and their long standing discourse about demographic threats and a surplus of Palestinians . . . its hard not to think about those statements and debates when Israel carpet bombs an area twice the size of Washington DC land area that’s also home to 1.8 million people – you can’t help but think its a sort of violence informed by something worse than mere military strategy.
  • A right-wing website run by (nominally) Tucker Carlson, the bow-tied gentleman formerly of Crossfire. He’s like he came out of a Republican lab. He wears a bow-tie his name is Tucker.
  • His website the Daily Caller, ended up publishing a standard right wing hit piece. We’ve seen them all. Salaita, his tweets are horrible, blah, blah, blah, and by the way he’s going to start a job at the University of Illinois.
  • Then the local rag in Urbana Champaign, the News Gazette picked up on the Daily Caller story and the controversy gained steam. The next thing I know I’m receiving an unceremonious termination letter from the chancellor.
  • She said she didn’t expect trustee approval so there was no need to show up.
  • They called me uncivil then it morphed into anti-semitic.
  • Uncivil – – It’s a term that’s deeply rooted in colonial violence, that always implies something sinister without ever having to explain its intent or its meaning.
  • It’s a wonderful term for shutting down debate. The entire southern hemisphere was colonized based on notions that they were uncivilized.
  • The support has been phenomenal. Sixteen departments at the University of Illinois have voted no confidence in the chancellor and the board of trustees.
  • I’ve also received support from the Center For Constitutional Rights, the Modern Language Association, a number of trade unions have passed resolutions condemning the university’s decision and demanding my reinstatement.
  • The impulse seems to shut down the debate or discussion before it even begins.
  • First of all we feel that its a matter of great import to the public interest that the university administration has arbitrarily taken an action that has had negative consequences for the reputation of the university and its ability to function normally.
  • As you know the university is undergoing a boycott. It’s normal functions are being disrupted.
  • Support Steven Salaita

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

—-

torture_doctors coaltiion

Independent Investigation of APA Ties with Torturers Under Bush Administration

The nation’s largest organization of psychologists is set to conduct an independent review into whether it colluded with or supported the government’s use of torture in the interrogation of prisoners during the Bush administration. In 2011 we reported on health professionals being front and center and complicit in the US policy of torture. The torturers relied heavily on medical opinion. Medical professionals provided sanitizing and rationalization for the infamous torture memos. During water boarding procedures, a doctor would be present. Psychologists were directly involved in the supervision, design and execution of torture at US military and intelligence facilities. This is a violation of state laws and professional ethics. These “health professionals” that were involved with torture still hold their professional licenses to practice.

Dr. Stephen Soldz:

  • At this point I think we all know there was a program of torture in the Bush Administration. CIA and the DOD at Guantanamo. Less known was that psychologists were central to it.
  • In the CIA, they designed the torture, they were also essential to the legal protection. The Justice Department torture memos basically said that if a health professional, a psychologist or physician is there and says that the interrogation won’t cause severe and long lasting mental harm, than it isn’t torture even if it causes harm.
  • In other words, their presence was a get out of jail free card.
  • As far as we can see it was central to the Bush Administration’s plans to indemnify themselves while engaging in torture.
  • The American Psychological Association apparently worked with the Bush Administration to provide protection for the psychologists who were involved.
  • The ethics code had been changed in such a way that it allowed psychologists to disobey the ethics code and follow governmental orders.
  • This was actually done before 911 and passed after 911.
  • We have been concerned if they (APA) had been complicit in various ways.       James Risen from the New York Times just published his new book Pay Any Price and one chapter in there provided direct documentary evidence that APA officials were working with the CIA and the Whitehouse to manipulate the ethics code to apparently allow psychologists to participate.
  • Michael Ratner: There was a committee appointed from the APA to look into the APA’s role as I recall . . . Dr Stephen Soldz: . . . to decide on whether psychologists participating in a national security interrogation was ethical – was consistent with the APA’s ethics code.
  • They (APA) were not directly involved as far as we know in torture, they were more involved in doing what the CIA and the White House wanted in terms of manipulating ethical understandings.
  • We, Amnesty and CCR have called for an independent investigation of the APA for a number of years. We’re glad the APA board has recognized the need.
  • They appointed a Chicago attorney who is a specialist in public corruption. We are cautiously optimistic but we have some concerns.
  • Its inappropriate for the APA board to appoint its own investigator of whether the APA did something wrong.
  • The time frame they gave of 5 months is awfully short for an investigation of this magnitude. We’re hopeful that the investigation will be wide ranging and comprehensive which is what is needed.
  • If the accusations in Risen’s book pan out, you have to look at his office (APA CEO) If he knew that means he approved of it. If he didn’t know that means he was incompetent.
  • This has been the issue that has divided the APA in the last decade.
  • What was most needed by the intelligence community was that it was ethical for the psychologist to participate in the interrogation.
  • One of the key people who was in the Bush White House at this time who is implicated is Susan Brandon who is now a top official in Obama’s high value detainee interrogation group.
  • If the Republicans win, torture will probably come back.
  • Since the Nuremberg trials where Nazi doctors were executed for conducting unethical experiments, informed consent has been the backbone of human subjects research.
  • Yet the APA put in this clause – – if laws or institutional regulations (that’s a very broad category institutional regulations) don’t require informed consent and psychologists don’t have to do it.
  • If my drug company says I don’t need informed consent . . .there’s no reason why the APA should get rid of informed consent for anything but the most trivial and harmless research.
  • They’ve never explained where this comes from and its still in effect.
  • Ethicalpsychology.org

Guest - Dr. Stephen Soldz,  psychologist, psychoanalyst, and public health researcher in Boston, and was a co-author of PHR’s report Experiments in Torture. He is the Director of the Center for Research, Evaluation, and Program Development at the Boston Graduate School of Psychoanalysis. He was Adjunct Assistant Professor of Psychology (Psychiatry) at Harvard Medical School, and has taught at the University of Massachusetts Boston, Boston College, and Boston University.

———————————————————————————
Donate now!

Please help support Law and Disorder. This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

Share

Law and Disorder November 17, 2014


Updates:

  • Michael Ratner: U.S. President Barack Obama To Seek Additional War Powers From Congress

——

IDFboat snapshot-20

ICC Says Gaza Still Occupied, Israel May Have Committed War Crimes, But Court Refuses To Hear

Attorney Michael Ratner:

  • When I’m in Berlin I see there’s a ICC decision by the prosecutor.
  • People probably remember the attack on the Gaza flotilla, particularly the Mavi Marmara. One of 8 boats that were sent from Europe and other places, Turkey, to try and break the blockade that Israel had imposed on Gaza.
  • Israel has been blockading Gaza forever essentially but it put in a very serious naval blockade in 2009 and no boats from the Mediterranean could approach within 20 miles of what Israel called its blockade.
  • The Gaza Flotilla was established in 2010 to try and break the blockade it had 8 ships, one was named the Rachel Corrie.
  • They were at least 80 miles away from Gaza, hadn’t even got into the blockaded territory when the Israeli commandos, the IDF made a raid on those boats.
  • Particularly on the Mavimarmara which was a Turkish boat – the fact that the boat was registered in Comoros gave the ICC jurisdiction over the raid.
  • People may recall the raid. Israeli commandos shimmied down on ropes from helicopters on to the Mavimarmara and they killed 9 people. A tenth died later.
  • Ultimately, Comoros made a complaint to the ICC that – Israel attacked this flotilla even outside the 20 mile blockade zone, they committed war crimes. War crimes in that they were attacking civilian boats. War crimes in that they were killing civilians.
  • Here I am sitting in Berlin thinking about the 76 anniversary of Kristallnacht, the tearing down of that wall, Raji Sourani from Gaza not being able to get in, and this ICC decision comes down.
  • The ICC prosecutor says there’s a reasonable basis that war crimes were committed by the IDF in their attack on the Gaza Flotilla.
  • The next sentence said as part of that finding Gaza was an occupied territory of Israel. That’s of great significance because when you’re an occupying force the laws of war apply. If you commit war crimes, if you kill people – civilians or intentionally targeting them or attack civilian objects.
  • The third sentence is while we find that there was a reasonable basis that the IDF committed war crimes and that Israel continues to occupy Gaza despite its claim in 2005 that it left Gaza we are not going to take jurisdiction and further investigate the case, because the crimes were not essentially severe enough, big enough, enough of them . . . and therefore we’re not going to take this case.
  • To look at them in an isolated way and not part of a stream of war crimes Israel has been committing since 1948 is outrageous.
  • The Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia

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

———

DSC_2420 fennerty-deutsch-odeh

U.S. Government Finds 67-year-old Palestinian-American Rasmea Odeh Guilty

Earlier this summer we reported on Rasmea Odeh’s case. She’s a 67 year-old Palestinian American, community activist and teacher. In the fall of 2013, she was arrested by Department of Homeland Security for failing to disclose a 1969 conviction in an Israeli military court and charged with unlawful procurement of naturalization. Odeh, her father and fiancee were brutally tortured in an Israeli prison in 1969, which was related to a bombing in a Jerusalem supermarket. Israelis extracted a confession from Odeh and she spent 10 years in an Israeli prison where she was tortured and sexually assaulted.

Last week, Rasmea Odeh was found guilty of one count of Unlawful Procurement of Naturalization. For over a year, Rasmea, her supporters, and her legal team have been battling this unjust government prosecution, saying from the start that the immigration charge was nothing but a pretext to attack this icon of the Palestine liberation movement. And although there is real anger and disappointment in the jury’s verdict, it was known as early as October 27th that she would not get a full and fair trial, because Judge Gershwin Drain made it nearly impossible for her defense.

 Attorney Michael Deutsch:

  • This case emanates from the FBI and the US Attorney in Chicago investigating the work of the Arab American Action Network and other people who were doing Palestine solidarity work in the Chicago area and throughout the Midwest.
  • They were bringing speakers here from Palestine to educate people
  • As a result of that work they were targeted by the FBI. Ultimately in September of 2010, the homes 7 activists were invaded. All their political material was taken. There was a Grand Jury that convened and 23 activists were subpoenaed and they also sought the records of the Arab American Action Network.
  • The U.S. Attorney of Chicago sent a request to Washington to look into the records of Odeh in Israel.
  • After several years, the Israelis came up with documents that showed she was arrested in 1969, put on trial by a military tribunal in the Occupied Territories.
  • . . found guilty, horrifically tortured, confessed as did her co-defendants, sentenced to life in prison, put in an Israeli prison, tried to escape in 1975, caught in a tunnel, trying to get out.
  • As a result of this they looked at her Naturalization application and saw that she said no as to whether she had ever been arrested, convicted or in prison and the commenced a criminal investigation and indicted her 9 years after she had gotten her citizenship. Months before a statute of limitations would have run on this charge.
  • We put forward a multi-level defense. One, we said that anything that was produced by the military court, the military judicial system was illegitimate, illegal – you’re tried by soldiers posing as judges. We said that she had been horrifically tortured and we had someone evaluate her over many days and hours, this woman who is one of the leading experts on torture said she (Rasmea) still suffers from PTSD.
  • That would have caused her when she filled out the application to cognitively block what had happened to her 40 years prior in Israel and therefore she wasn’t intentionally lying.
  • The judge refused all our motions, all our defense. He wouldn’t let her (Rasmea) testify about her torture, about her condition, or her innocence. All that was blocked by motions of the government.
  • We went to trial basically with our hands tied behind our backs.
  • What was a shock to me was the judge locked her up, pending sentencing. Now she sits in a county jail in Port Huron, Michigan for five months before the sentencing and obviously if the judge is not going to give her bail pending sentencing, he’s not going to give her bail pending appeal.
  • Judge Gershwin Drain who is African American who at first was kind of sympathetic and supportive and initially said we were allowed to put on our PTSD expert and put on a PTSD defense. Then all of a sudden the government put a move to reconsider, he changed his mind and basically gutted our trial.
  • We know of efforts all over the country to suppress student activity (around issues of Israel – Palestine)
  • We have to convince the judge to let her out on an appeal bond. Even after all that if she’s sentenced, she’s going to go to prison and then when she’s done with her prison sentence, they’re going to put in her into immigration prison and they’re going to deport her.

Guest – Attorney Michael Deutsch, after clerking for United States Court of Appeals Judge Otto Kerner, Mr. Deutsch went into private practice, joining People’s Law Office in 1970 where he has represented political activists and victims of police and government civil rights violations. His advocacy has taken him all around the world, including to hearings in the United Nations. He has tried many civil and criminal cases in federal and state courts, and has written and argued numerous appeals, including several in the United States Supreme Court.

—–

FoodChainsTheatricalPoster-e sanjayfilm2

Food Chains Documentary Film Opens Nationwide This Week

The documentary film Food Chains opens nationwide in the United States this month. The film brings you into the world of a Florida farmworker led effort to hold responsible the 4 trillion dollar global supermarket industry. The CIW is doing so through the Fair Food program. That’s the program which partners growers and retailers to improve working conditions for farm laborers in the United States. For years, farmworkers often endure abuse, wage theft, and have been beaten and sexually harassed. Food Chains’ producers include Eva Longoria and Eric Schlosser.  Find out about screenings and action to take at www.ciw-online.org

Saturday November 22 – 1:00pm: Screening of Food Chains & Post-film Panel CIW-Quad Cinema (34 W 13th St)  Food Chains also playing on Sat. Nov 22 at 7:45pm

Protest & March to Wendy’s Meet at Union Square Wendy’s (20 E. 14th St) Facebook

Guest – Gerardo  Reyes Chavez, has worked in the fields since age 11, first as a farmer in Zacatecas, Mexico, and then in the fields of Florida picking oranges, tomatoes, and watermelons. He joined the Coalition of Immokalee Workers, a Florida-based human rights organization, shortly after his arrival in the United States in 2000, when his fellow farm worker roommates, who had previously escaped a violent slavery operation hidden in the swamp south of Immokalee, Florida, invited him to come to the CIW’s Wednesday evening community meetings.

——————————————————————————

Donate now!

Please help support Law and Disorder, the show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law.

Share

Law and Disorder November 3, 2014


Updates

  • Michael Ratner Reports On An Important Break In The Julian Assange Case
  • Michael Ratner: Longest Case Of Pre-Trial Investigation In Swedish History In Which The Prosecutor Has Simply Sat On Her Hands.
  • Michael Ratner: What Sweden Did Here Is Divert Attention From The Underlying Problem
  • Michael Smith: United Nations And The Cuban Embargo Vote 2014
  • Michael Ratner: Israeli Business Men Are All Over Cuba

——-

nisour3 susan

Blackwater Guards Found Guilty in 2007 Baghdad Killings

Since 2003, private military contractors have been awarded millions of dollars each year by the U.S. Government in contracts. Many of the military contractor personnel have engaged in atrocious war crimes with zero accountability. Last week a federal jury convicted 4 former Blackwater private security contractors on manslaughter charges and 1 for manslaughter and murder of 17 Iraqis in Baghdad on September 16, 2007. The men were prosecuted under the Military Extraterritorial Jurisdiction Act, a law that allows the U.S. courts to hear cases against contractors to the U.S. Department of Defense for crimes committed overseas. The men were originally hired as private security guards for U.S government employees. Lawyers for Blackwater, now known as Academi LLC argued that the men were simply returning fire to protect themselves.Several civil cases filed by victims injured in the shootings were settled in 2010.

Attorney Susan Burke:

  • I think the verdict sends a very loud and large message to the globe that the American judicial system can operate properly.
  • That American juries understand when they see war crimes, they understand when they hear about a massacre.
  • We began working before the Abu-Ghraib photos were leaked. It began when Bob Woodward wrote a story for the Washington Post that revealed that the Bush Administration had decided to use torture as an instrument in the war.
  • We viewed this outsourcing as a potential weak flank in a sense in order to use legal mechanisms, lawsuits in order to prevent this country from departing with its values.
  • We were putting the evidence together before the photos leaked and suddenly we had a lot more evidence to sue the 2 government contractors L3 and CACI that were involved in the Abu-Ghraib torture.
  • The Blackwater case fits into that rubrick where we brought several different law suits along with the Center for Constitutional Rights. We brought the seven law suits for the victims of the Nisour Square massacre as well as for many other victims.
  • If you think about we’re going to the home turf of the wrong doers. The corporations are based in Virginia actually, and so we sued them in their home turf.
  • There’s one (civil) case remaining that’s now being handled by Baher Azmy at CCR and they just got a win from the Fourth Circuit – again getting permission for the case to proceed.
  • The vast majority of victims have settled with L3 paying 5.25 million.
  • Blackwater is a mercenary company that basically earned over a billion dollars from the State Department.
  • They were not at Abu Ghraib rather they were providing security for all of the diplomats and other Americans in Iraq.
  • At the time they were owned by Erik Prince, operated without any oversight from the State Department and they were involved with a significant number of instances were unnecessary and excessive force was used.
  • Erik Prince ended up entering into a settlement and all of those folks obtained compensation.
  • Prince then sold the company, retained a revenue stream but the company became Academi.
  • As a nation we continue to use these mercenaries and we continue to lack any regulation or oversight.       Unfortunately, things didn’t change under the Obama Administration and under Secretary Clinton at the State Department
  • What’s happened is there’s this terrible pattern where these companies have a lot of political influence and they continue to get enormous contracts and the State Department continues to outsource security without have a vibrant, or robust oversight function.
  • Blackwater vehicles rolled into Nisour Square and they began to open fire with heavy automatic weaponry and they simply began to spray indiscriminatly. They began to shoot all over Nisour Square killing people nearby and injuring people as they fled. No provocation, no real reason they began shooting.
  • One of the Blackwater men, a man named Jeremy Ridgeway actually stepped and told the truth early on, pled guilty and explained how this was in fact just indiscriminate shooting for no reason.
  • In order to properly handle these matters I ended up creating my own firm.

Guest – Attorney Susan Burke, represented plaintiffs in those civil cases and she joins us today to talk about criminal case, the sentence and the supporting evidence.

——

dronebook 130423_drones

Drones and Targeted Killing: Legal, Moral and Geopolitical Issues

A powerful analysis on the use of drones for targeted assassination by the Obama Administration is explored in Professor Marjorie Cohn’s newly published book titled Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. It’s a collection of various disciplines including sociologists, legal scholars, and human rights activists that examine aspects of the U.S. policy of targeted killings with drones and other methods. The book documents civilian casualties, and discuses the first U.S. targeted killing lawsuit by the lawyer who brought the case.

Attorney Marjorie Cohn:

  • Drones have become the Obama Administration’s preferred weapon of choice.
  • We rarely see images of the victims of drone strikes the overwhelming majority of whom are civilians.
  • We don’t hear their stories because the media sanitizes their stories.
  • We really don’t have a sense of the devastation that is reeked by drones.
  • I thought it was important to put together a collection of different aspects of this drone policy. Is it legal? Is it moral? What are the political ramifications? Does it make us safer? Does it make us less safe?
  • That Authorization for the Use of Military Force was very limited, it was only limited to groups and countries that supported the 911 attacks and Congress specifically rejected the Bush Administrations request for open ended military authority to deter and preempt any future acts of terrorism against the United States – and yet the Obama Administration has been relying on this as its legal authority.
  • Targeted extrajudicial killings off the battle field are illegal.
  • Richard Falk, the U.N. Special Rapporteur to the Palestinian Occupied Territories wrote a very and interesting and provocative chapter called Why Drones Are More Dangerous Than Nuclear Weapons.
  • Medea Benjamin talked about stories of victims in Pakistan and Yemen and the tolls drones take on communities. The horror, the terror that children are sleeping with drones hovering overhead.
  • Pardiss Kebriaei with the Center for Constitutional Rights that handled the first targeted killing case in the United States writes a chapter.
  • Tom Hayden writes the conclusion about stopping the drones.
  • Phyllis Bennis from the Institute of Policy Studies talks about the assassination as essential to the U.S. war strategy due to the militarization of our foreign policy.
  • John Quigley from Ohio State University talks about the blowback from drones and how they actually make us less safe because when people see their families blown up, they resent the United States even more.
  • He talks about the history of U.S. foreign policy and the resentment its caused in those countries against the United States.
  • He (Barack Obama) has even expanded the use of drones in Iraq and Syria. He’s also using piloted aircraft. He’s also using the AUMF which does not apply at all.
  • This ISIS and Khorasan, the current groups doing horrible things over there are not covered by the Authorization for the Use Of Military Force.
  • He’s actually acting beyond what Congress has authorized to say nothing of it violating the U.N. charter.
  • Only 4 percent of victims in Pakistan were members or even associated with Al-Qaeda which means the overwhelming number of 2400 who have been killed in Pakistan by drone strikes are civilians.
  • The FAA Modernization and Reform Act of 2012 requires the FAA to integrate into U.S. airspace by September of 2015 to legalize commercial drones and some government agencies to use small drones. This is very very worrisome because of the privacy considerations primarily.
  • There are two different drone strikes the U.S. carries out. One is called personality strikes, where they target suspected bad guys. They call them militants. That could mean anything.
  • No due process, just take em out.
  • The other type of attack is called signature strikes. That is a strike that is carried out in an area of suspicious activity. If you’re a male between the ages of 16-65 in a area of suspicious activity than you’re fair game, even though the Obama Administration doesn’t know your identity.
  • First, there must be a legal basis for using lethal force, whether it is against a senior operational leader of a terrorist organization or the forces that organization is using or intends to use to conduct terrorist attacks.
  • Second, the United States will use lethal force only against a target that poses a continuing, imminent threat to U.S. persons. It is simply not the case that all terrorists pose a continuing, imminent threat to U.S. persons; if a terrorist does not pose such a threat, the United States will not use lethal force.
  • Third, the following criteria must be met before lethal action may be taken:
  • Near certainty that the terrorist target is present;
  • Near certainty that non-combatants will not be injured or killed;
  • An assessment that capture is not feasible at the time of the operation;
  • An assessment that the relevant governmental authorities in the country where action is contemplated cannot or will not effectively address the threat to U.S. persons; andAn assessment that no other reasonable alternatives exist to effectively address the threat to U.S. persons.
  • Finally, whenever the United States uses force in foreign territories, international legal principles, including respect for sovereignty and the law of armed conflict, impose important constraints on the ability of the United States to act unilaterally – and on the way in which the United States can use force. The United States respects national sovereignty and international law.

Guest – Attorney Marjorie Cohn  former president of the National Lawyers Guild. She lectures throughout the world on international human rights and U.S. foreign policy. A news consultant for CBS News and a legal analyst for Court TV, she also provides legal and political commentary on BBC, CNN, MSNBC, Fox News, NPR, Air America and Pacifica Radio.   In addition, Professor Cohn is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Cameras in the Courtroom: Television and the Pursuit of Justice and Rules of Disengagement: The Politics and Honor of Military Dissent. Her latest book, The United States and Torture: Interrogation, Incarceration and Abuse, was published in January 2011 by NYU Press.

—————————————————————–

Share
Home Page | Stations | Hosts | Listening Library | Contact Us     © 2015 Law and Disorder

Powered by WordPress.
Website design by Canton Becker.
Header Photo: Jim Snapper
Entries (RSS) and Comments (RSS).