Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Truth to Power
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FBI Lies And Patriot Act Abuse
Angry lawmakers are considering setting limits on the Patriot Act after the inspector general of the Justice Department had found the FBI abusing an administrative subpoena called “national security letters.” The FBI used this subpoena to gather phone, bank and credit information on thousands of citizens without court oversight. They also made quote unusual contracts with 3 major phone companies to provide records without any legal process.
Guest – Lisa Graves, Deputy Director of the Center for National Security Studies.
“The Chief Judge of the Foreign Intelligence Surveillance Court (FISC) informed Congress that the court has no objection to sharing with the Senate Judiciary Committee (SJC) the orders authorizing wiretapping of people in the US who have been subject to warrantless wiretapping by the administration. Attorney General Gonzales initially refused to share that information with the Committee, stating during a hearing before the Senate Judiciary Committee that he needed to consult with his “principal,” President Bush. On January 31, 2007, the Attorney General announced that certain documents held by the FISC, such ? including investigators’ applications for permission to spy and court orders ? would be given to “some” lawmakers, such as Senator Patrick Leahy and Senator Arlen Specter, but not all Senators of the SJC or other concerned Members.” – – – Center for National Security Studies.
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Australian Guantanamo Bay Detainee David Hicks Update
David Hicks was the Center for Constitutional Rights’ first client and in the first group of detainees taken to Guant?namo. He is Australian and is now the first person charged before the reconstituted Military Commissions Act. He was charged earlier but those commissions were held illegal by the Supreme Court in the Hamdan case. He has been charged with one count of material aid to terrorism, which is not usually viewed as a war crime. To the extent any crimes are triable by military commissions they must be war crimes. Unlike the UK, the Australia government has willingly gone along with this trial and has not insisted on Hicks’ return.
Guest – Josh Dratel, civilian attorney for David Hicks.
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ACLU Sues Department of Homeland Security For Detaining Children in Prison-Like Conditions.
The Department of Homeland Security and the T. Don Hutto Immigration Detention Facility is facing a federal lawsuit filed by the The American Civil Liberties Union on behalf of children confined at the facility in Tyler, Texas. The ACLU claims adults and children at the center, which used to be a prison, live in jail-like conditions and that the children are not given adequate schooling or medical care.
Read more
Guest – Lisa Graybill, legal director for the ACLU of Texas.
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Guantanamo Bay Lawyers Attacked and Misquoted.
Newspapers run op eds that heavily criticized lawyers representing Guantanamo detainees. Criticism such as they’re quote “keeping the US military from doing its job and repatriating detainees back into action fighting the United States.
Guest – Scott Horton, Chair of International Law Committee at the New York City Bar Association and adjunct Professor of Law at Columbia University
Civil Liberties, Iraq War, Supreme Court, Truth to Power
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Conscientious Objection and Habeas Corpus
Here on Law and Disorder we’ve covered war resistors such as Lt Watada and Jonathan Hutto. Today we look at the case of Augustin Aguayo. A combat medic in the US Army who had filed for conscientious objector status in February 2004 before being deployed to Iraq. Combat Medics are in high demand in Iraq. After filing for conscientious objector. status the Army told Aguayo, quote – ” You didn’t prove your case.”
We talk with attorney Peter Goldberger who filed the Habeas Corpus petition for Augustin Aguayo. He explains why it is increasingly difficult for Conscientious objectors to be honorably discharged from the military. We also hear from Augustin’s wife Helga and their twin 11 year old daughters in a recent speech. They have the support of a number of anti-war groups including anti-war organizations, including Courage to Resist, Military Families Speak Out and Military Counseling Network of Germany.
UPDATE – Agustín Aguayo, was convicted of desertion and missing movement March 6, 2007 in a U.S. military court in Germany. Although faced with a maximum of seven years in prison, Agustín was sentenced to eight months in the brig for following his conscience and refusing to participate in war.
National Lawyers Guild Task Force Citizen Soldier
Canada Rejects Indefinite Detentions
Last month, Canada’s highest court rejected a detention measure called the security certificate system, that would allow Canadian authorities to detain foreign-born terrorism suspects indefinitely without charges while their deportation is being reviewed. Canadian Chief Justice Beverly McLaclin wrote quote – “The overarching principle of fundamental justice that applies here is this: before the state can detain people for significant periods of time, it must accord them a fair judicial process.” This decision strikes a powerful contrast to the Military Commissions Act passed last year in this country, basically stripping federal courts of authority to hear challenges through petitions for writs of habeas corpus.
Amnesty International Canada has long campaigned against the detention measure, and we are pleased to welcome Alex Neve – Secretary General of Amnesty International Canada.
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Left Forum 2007
Cornel West, Professor of Religion and African-American Studies at Princeton University from this weekend’s Left Forum opening plenary. Entitled Forging A Radical Political Future.
Civil Liberties, Supreme Court, Surveillance, Truth to Power
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Illusions of Security: Global Surveillance and Democracy in the Post-9/11 World
Here on Law and Disorder we’ve covered in depth the scope of surveillance bearing down on the lives of people in a post 9/11 society. From intrusive RFID technology to phone companies and airlines handing over private consumer data to the FBI.
Guest – Maureen Webb, Canadian human rights lawyer and author of “Illusions of Security: Global Surveillance and Democracy in the Post-9/11 World” Webb examines how governments worldwide follow the lead of the Bush administration in using quote terrorism as an excuse for public surveillance and information gathering.
“Webb focuses her criticism on the governments of Canada and the United States, but persuasively documents international cooperation on illegal, or at least immoral, high-tech information gathering. Webb devotes substantial space to the National Security Agency of the U.S and its monitoring of international telephone traffic despite apparent lawlessness and ethical violations. Webb also writes in detail about how governments, following the lead of the Bush administration, use “terrorism” as an excuse to “serve agendas that go far beyond security from terrorism–namely the suppression of dissent, harsh immigration and refugee policies, increased law enforcement power.”
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Left Turn: Forging a New Political Future. by Stanley Aronowitz
America is in the midst of a crisis of democracy as we literally descend into an authoritarian state. On Law and Disorder we’ve seen firsthand the casualties of this crisis, from the growing militarization that pervades our lives to a dominant fundamentalism that cuts short critical thinking. Renowned social critic Stanley Aronowitz presents an alternative platform for our future in his recent book, “Left Turn: Forging a New Political Future. As we start the New Year, we can borrow from the historical traditions of the European left, as well as the more recent trends in Latin America that are challenging, head on, the death of socialism.
Guest – Stanley Aronowitz is professor of sociology, cultural studies, and urban education at the CUNY Graduate Center. He is also a veteran political activist and cultural critic and a passionate champion of organized labor. In addition to authoring numerous books, he is a founding editor of Social Text, a journal that is subtitled “Theory, Culture, Ideology.”
Civil Liberties, Climate Change, Supreme Court, Truth to Power, Uncategorized
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Global Warming Litigation – 3 Main Cases
Since 1947, the Doomsday clock has been used as a symbolic reference to measure the degree of nuclear threat. On January 27th of this year it was set to five minutes to midnight. It was advanced by two minutes on January 17, 2007 by experts assessing the dangers posed to civilization from catastrophic climate change.
Meanwhile the Bush administration continues to play down the threats of extreme weather and dramatic shifts in climate. Last May Law and Disorder aired speeches from the Catastrophic Climate Change Forum at Albany Law School including speakers such as Dr. James Hansen, director of the NASA Goddard Institute for Space Studies . Hansen cited hard evidence – building the case that global climate change is at a tipping point and emissions from power plants and vehicles are mainly to blame.
Of the main contributors to this one percent tipping point of greenhouse gases are utility companies, automobile emissions and housing stock. This one percent of man made emissions that can be regulated say attorneys involved in 3 major climate change cases.
Guest – Eleanor Stein Adjunct Professor of Law Albany Law School at Union University
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Soul of Justice: Thelton Henderson’s American Journey
A film documentary that chronicles one man’s influence on the American judicial system. The first black attorney in the Civil Rights Division of the Kennedy Justice Department, Thelton Anderson was later appointed by President Jimmy Carter as one of the first African American federal judges in the United States. His decisions have been informed by a profound sense of fairness, distinguished also by his tenacity in seeing that they are enforced even in the face of great political opposition. Soul of Justice includes rare archival footage, and interviews with lawyers and a Supreme Court justice.
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Guest – Abby Ginzberg, an award winning filmmaker producing films for the last 22 years. Her films focus on race, equality of opportunity and model programs for at-risk youth.
Soul of Justice – NYC screenings: Monday Feb 26, Columbia Law School 116th St. & Amsterdam Ave, 6pm, Rm 107
Tuesday Feb 27, NYU Law School, Tishman Auditorium in Vanderbilt Hall at 40 Washington Square. doors open at 5:30, film at 6pm
Law Students for Government Accountability
LSGA was created out of the Student Hurricane Network run by law students (with some assistance by various attorneys, experienced lobbyists, an international strategy consulting firm, and an international PR firm). Its purpose is 1) to continue to educate the public about the causes and costs of the hurricanes Katrina and Rita to the Gulf Coast region and the nation at large, 2) to obtain the support of the 110th Congress for a Statement of Principles to ensure that such a disaster never happens again on the Gulf Coast through providing its necessary rebuilding and renewal, or any American soil through a comprehensive federal catastrophe prevention and response plan, and 3) work in partnership and solidarity with the thousands of voices advocating for those directly harmed by this disaster to ensure that the legislation passed by Congress provides a clear and coherent plan to prevent this from ever happening again.
Right now, LSGA is working on recruiting 1000 law students to participate in a March 14 National Lobbying Day in DC, to get their representatives to sign the Statement of Principles, guaranteeing wetland restoration, Category 5 levee and flood prevention, improvement of the management of the Mississippi River that would facilitate the restoration of the land and ensure ecological and economic security, the full recovery of New Orleans and the Gulf Coast, and address the underlying issues of poverty and racism.
Guest – Andrew Doss – LSGA Board Member
Iraq War, Supreme Court, Truth to Power
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WBAI Listeners Please Scroll Down For Program Rundown
LA 8
Days after the 20th anniversary of the arrest of the so-called Los Angeles Eight, on January 31, Immigration Judge Bruce Einhorn ordered an end to deportation proceedings against Khader Hamide and Michel Shehadeh, members of the LA8. The government has been seeking to deport Hamide and Shehadeh since January 1987 based on their alleged support for the Popular Liberation Front for Palestine (“PFLP”), a group within the Palestinian Liberation Organization. Judge Einhorn terminated the proceedings because the government’s refused to comply with his 2005 pre-trial order to turn over exculpatory evidence
regarding Hamide and Shehadh’s alleged support for the PFLP.
Guest – San Francisco attorney Marc Van Der Hout of the law firm of Van Der Hout, Brigagliano & Nightingale. Marc has been representing the LA8 on behalf of the National Lawyers Guild since the case began 20 years ago.
King Leopold’s Ghost – Adam Hochschild
Hosts Michael Smith and Heidi Boghosian talk with author Adam Hochschild about the similarities between King Leopold’s disastrous invasion of Congo and the war in Iraq. In an interview George W Bush commented that he couldn’t understand why so many people think he doesn’t read books and toward the end of the interview he mentioned having just finished ‘King Leopold’s Ghost’.”
Guest – Author Adam Hochschild replies to the president in the LA Times. King Leopold’s Ghost is a riveting retelling of the Belgian genocide-for-rubber campaign in the Congo with incredible similarities to war profiteering of today. Read LA Times commentary by Adam Hochschild to the President.
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Michael Schwartz – Iraq, Sectarian Violence and Barack Obama
Anti-war activists and students crammed into a small fifth floor abandoned office to confront and discuss the recent escalation of troops and funding of Iraq War. Mostly standing, they listened to Michael Schwartz professor of Sociology at the State University of New York at Stony Brook. In his talk Schwartz says the United States is fomenting the sectarian violence in Iraq by fighting two sides. Schwartz also comments on a speech Barack Obama delivered regarding Iraq and the withdrawal of troops.
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Margaret Prescod – Friends and Family of Lt Ehren Watada Tour
A military judge in Fort Lewis, Washington, declared a mistrial in the court-martial of Lieut. Ehren Watada, the first commissioned officer prosecuted for refusing to go to Iraq. A new trial is believed to be unlikely before summer, if at all. The mistrial represents a significant victory for Watada, for the rights of military resisters and for the movement of civil resistance to US war crimes in Iraq. We go now to hear a powerful speech by Margaret Prescod one, of the founders of Women of Color in the Global Women’s Strike, and campaign coordinator with Friends and Families of Lt. Watada. Law and Disorder caught up with tour in early December. Since then, the tour garnered incredible support from organizations, politicians, actors and luminaries around the world.
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WBAI Broadcast February 21, 2007
“Servants of Wealth: The Right’s Assault on Economic Justice
“Freedom and democracy” are two words we’ve been hearing from the right wing in this country for 25 years. In their quest to shore up support for the politics of wealth and privilege, the Right has organized patiently and consistently by focusing on a core ideology to amass a formidable base. The Right’s commentary on world affairs, morality, the state, and the economy, though, has had an overarching focus, namely to eliminate social equality as a legitimate public policy goal. Its success has resulted in one of the most dramatic, undemocratic, and insidious transfers of wealth and power in recent American history.
Guest – political scientist John Ehrenberg, author of the book “Servants of Wealth: The Right’s Assault on Economic Justice.” A professor of political science at Long Island University, in this, his third book, critically analyzes the rise of an ideologically coherent Right. He dissects their themes of military weakness, moral decay, racial anxiety, and hostility to social welfare to reveal their central organizing objective of protecting wealth and assaulting equality.
LA 8
Days after the 20th anniversary of the arrest of the so-called Los Angeles Eight, on January 31, Immigration Judge Bruce Einhorn ordered an end to deportation proceedings against Khader Hamide and Michel Shehadeh, members of the LA8. The government has been seeking to deport Hamide and Shehadeh since January 1987 based on their alleged support for the Popular Liberation Front for
Palestine (“PFLP”), a group within the Palestinian Liberation Organization. Judge Einhorn terminated the proceedings because the government’s refused to comply with his 2005 pre-trial order to turn over exculpatory evidence
regarding Hamide and Shehadh’s alleged support for the PFLP.
Guest – San Francisco attorney Marc Van Der Hout of the law firm of Van Der Hout, Brigagliano & Nightingale. Marc has been representing the LA8 on behalf of the National Lawyers Guild since the case began 20 years ago.
King Leopold’s Ghost – Adam Hochschild
Hosts Michael Smith and Heidi Boghosian talk with author Adam Hochschild about the similarities between King Leopold’s disastrous invasion of Congo and the war in Iraq. In an interview George W Bush commented that he couldn’t understand why so many people think he doesn’t read books and toward the end of the interview he mentioned having just finished ‘King Leopold’s Ghost’.”
Guest – Author Adam Hochschild replies to the president in the LA Times. King Leopold’s Ghost is a riveting retelling of the Belgian genocide-for-rubber campaign in the Congo with incredible similarities to war profiteering of today.
Read LA Times commentary by Adam Hochschild to the President.
