Civil Liberties, Civil Rights, Gaza, genocide, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
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Unflagging Support For The Military Siege Against Palestinians In Gaza
Several months ago, various Palestinian human rights groups and individuals in Gaza and in the U.S., filed a lawsuit in a U.S. federal court, against President Biden, Secretary of State Blinken, and Secretary of Defense Austin, for their failure to prevent, and their complicity in, the Israeli government’s unfolding genocide against them, their families, and the 2.2 million Palestinians living in Gaza. They were represented by the attorneys at the famed Center for Constitutional Rights in New York City.
After a hearing that included testimony from seven Palestinian plaintiffs and witnesses as to the scale of destruction in Gaza and its impact on them and their families, the court found that Israel’s assault and siege on the Palestinian people in Gaza did, “plausibly” constitute genocide, and the court “implored” the Biden Administration to examine its “unflagging support” for Israel. This constituted a profoundly important finding. But the court nevertheless dismissed the case on the grounds that it lacked jurisdiction over the administration’s conduct of foreign affairs.
What was the testimony of the plaintiffs in this case? What were the legal arguments put forth by their attorneys? Why did the court rule as it did? And what is the significance of the judge’s finding that it was “plausible” that genocide was, indeed, taking place in Gaza and its urging of the Biden Administration to examine what the judge termed, its “unflagging support” for Israel in its war on the Palestinian people? CCR Case
Guest – Attorney Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights . Her areas of legal expertise include matters of torture, war crimes and militarism. Among her many major cases is the case titled, Situation of Afghanistan at the International Criminal Court; and the case titled, Survivors Network of those Abused by Priests-v-Vatican. Prior to her work at the CCR, she worked at the United Nations International Criminal Tribunal for the former Yugoslavia. She is a visiting professor of law at the City University of New York (CUNY) School of Law.
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2024 Could Be The Year America Fends Off Dictatorship Or Invites It In
Some years ago, Michael Ratner, the president of the Center For Constitutional Rights and a co-founder of Law And Disorder interviewed our returning guest attorney Benjamin Carter Hett. Hett is a historian, a professor at Hunter College and a lawyer. He wrote a stellar biography of the great German leftist attorney Hans Litten, who cross-examined Hitler, almost stopping him from coming to power by exposing Hitler’s hypocrisy on using violence.
As Michael wrote about professor Hett’s book “it brings to life the period preceding the takeover of Germany by the Nazis. Litten’s cross examination of Hitler went to the heart of the Nazis attempt to achieve power through violence.” Trump has promised to do the same should he get elected. Professor Hett recently wrote about this in an opinion piece in the Los Angeles Times. In an interview with Fox News host Sean Hannity Trump said he wanted to be a dictator “on the first day” of his new administration.
It has been reported that Trump would invoke the Insurrection Act which would allow him to deploy troops to crush protests, arrest dissidents, and shut down oppositional media. Trump is a fascist. He’s not an advocate of the rule of law or of democracy. He boasts about using violence. In the divorce papers his first wife Ivana Trump filed against him she alleged that he kept a book of Hitler’s speeches at his bed table.
Like Hitler, Trump appeals to his base and their desire for “retribution.” Trump said “we pledge to you that we will root out the Communist and radical left thugs that live like vermin within the confines of our country.” Hitler’s racism was shown by his antisemitism, Trump’s by his hatred of immigrants who he says, echoing Hitler, “will poison” American blood.
Guest – Benjamin Carter Hett is a former trial lawyer. He is now a professor of history at Hunter College and the author of several books, including Crossing Hitler: The Man Who Put The Nazis On The Witness Stand. Most recently he has written an opinion piece in the Los Angeles Times titled 2024 Could Be The Year America Fends Off Dictatorship Or Invites It In.
Hosted by Attorneys Michael Smith and Jim Lafferty
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CIA Sponsored Terror, Civil Liberties, Civil Rights, Human Rights, Targeting Muslims, Truth to Power
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Judge Rejects CACI’s Attempt To Dismiss Torture Case
In April 2003, the George W. Bush administration led an illegal invasion of Iraq based on lies about weapons of mass destruction. That war resulted in the deaths of hundreds of thousands of Iraqis. After the invasion, there was a mass roundup of Iraqis – primarily men and boys – with no plan or proper basis for detention. The United States then turned to contractors (mercenaries) to assist with interrogations and provide interpretation services, many of whom lacked proper training. Indeed, the U.S. wars in Iraq and Afghanistan were the most outsourced in U.S. history. It was against this backdrop that the horrors we all saw in the photos of Abu Ghraib happened.
In Iraq, unlike Guantanamo (and the CIA “blacksites”), there was never any question that the Geneva Conventions applied – and torture was illegal. CACI, a U.S. corporation, contracted with the United States military to provide interrogation services to the U.S. Army at Iraq’s notorious Abu Ghraib prison.
In 2008, Iraqi civilians Suhal Al Shimari, Salah Al-Ejaili, and Asa’ad Al-Zubae filed a lawsuit against CACI under the Alien Tort Statute seeking damages for the torture and abuse they suffered while detained at Abu Ghraib. The three plaintiffs allege that CACI employees conspired with and aided and abetted U.S. military personnel in subjecting them to torture; cruel, inhuman or degrading treatment; and war crimes, in violation of international law. A U.S. Army General called their treatment “sadistic, blatant, and wanton.”
On July 31, U.S. District Judge Leonie Brinkema in the Eastern District of Virginia rejected CACI’s attempts to have the case dismissed.
Guest – Katherine Gallagher is a senior staff attorney at the Center for Constitutional Rights, where she specializes in the enforcement of human rights, including the prohibition against torture. She is one of the attorneys who filed the lawsuit against CACI.
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Three of Newburgh Four Released
On July 25, a judge ordered the compassionate release of three of the so-called “Newburgh Four” — Onta Williams, David Williams, and Laguerre Payen. The men, who are Black Muslims from Newburgh, New York, were convicted and sentenced to 25 years in prison on terrorism charges in 2011.
In the July release order, US District Court Judge Colleen McMahon suggested that the FBI had “invented” a conspiracy. She said that FBI agents had used an “unscrupulous operative” to persuade the four to join in a plan to bomb a synagogue in the Bronx and fire Stinger missiles at military planes at Stewart Airport near Newburgh, New York. While bombs were, in fact, left outside a synagogue in the Riverdale section of the Bronx, they were fakes built by the FBI.
Guest – Kathy Manley, New York appellate attorney joins us to talk about this late-in-coming victory. Among her many victories was the 2015 case of People v. Diack, which struck down county and local sex offender residence restrictions throughout New York State. Kathy works with several civil rights groups, including the Coalition Of Civil Freedoms.
Hosted by Attorneys Heidi Boghosian and Marjorie Cohn
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Civil Liberties, Gaza, Human Rights, War Resister
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Chris Hedges: Donald Trump Acquittal, Going Forward
Before going to prison Trump’s attorney and fixer Michael Cohen testified to Congress that Trump would never leave office peaceably. He sure didn’t. He instigated an insurrection on January 6th. His premeditated coup almost succeeded.
His plan appears to be that he would get his followers to prevent the ballot certification of Biden as president and cause enough mayhem to declare martial law. The marauders he sent to the White House hunted for Nancy Pelosi and Mike Pence. They roamed the Capitol chanting “Hang Mike Pence. Hang Mike Pence.” A sturdy gallows was constructed near the Capitol for that purpose.
Reportedly Trump took delight in all of this as it was going on and refused to call off the Capitol sackers or bring in the National Guard. The horrors of that day were dramatically presented by the House trial managers. Comprehensive videos were shown to a national audience. A totally convincing presentation was made. Any right thinking person watching would necessarily conclude that Trump was responsible for what happened. Trump’s defenses were demolished.
It was explained that Constitution allows for illegal and prior cases had established that Trump could be tried even after leaving office. The argument that he had free speech rights was effectively countered. Nevertheless he was not found guilty although seven Republicans refused to go along with their party’s defense of the indefensible. A number of Republican Senators, who were supposed to sit as impartial jury, met with Trumps defense lawyers. Twelve others did not even attend the last day of trial.
After the vote Mitch McConnell, voted to acquit on the spurious grounds that Trump could not be tried since he was no longer in office. He spoke of the possibility of Trump being tried for his crimes. The Republican lead acquittal of Donald Trump will be appreciated as a turning point in American history. The vote to acquit him will be understood as a moment that democracy and the rule of law were trashed allowing the former president to retain his control over a transformed Republican Party which has become an instrument of demagoguery and white supremacy.
Guest – Chris Hedges, a Pulitzer prize winning journalist and considered by many on the left to be an American moral philosopher. He was forced out of his job at the New York Times for opposing the war in Iraq. Hedges is the author of many books including “American Facists: The Christian Right‘s War on America.“ He is the host of the RT show “On Contact”. His latest book is “America: the Farewell Tour.” He writes a weekly column for “Scheerpost” the latest is titled “Cancel Culture: Where Liberalism Goes to Die.”
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ICC Investigation Into War Crimes Proceeds
In 2015, the State of Palestine became a member of the International Criminal Court and granted the Court jurisdiction over crimes committed on the territory of Palestine, including East Jerusalem, since June 13, 2014. The Prosecutor of the ICC opened a preliminary examination into crimes committed in Palestine on January 16, 2015, and the State of Palestine referred the case for investigation in May 2018. During the preliminary examination, Palestinian human rights organizations and victims made submissions describing war crimes and crimes against humanity committed by Israeli officials, including in relation to the 2014 military offensive on Gaza.
In December 2019, the Prosecutor found a reasonable basis to proceed with an investigation into war crimes and crimes against humanity committed on the territory of Palestine – the Gaza Strip and West Bank, including East Jerusalem. victims were invited to submit observations on the Prosecutor’s requests and Center for Constitutional Rights attorney Katherine Gallagher submitted on behalf of twenty Palestinian victims of persecution from all parts of Palestine and the diaspora. A year ago April, CCR joined more than 180 Palestinian, regional, and international human rights organizations in signing an open letter to the ICC prosecutor in support of opening the investigation.
Guest – Attorney Katherine Gallagher, senior attorney at the Center for Constitutional Rights, has appeared before the ICC in the Hague in Holland. She represented two men indefinitely detained in the US offshore prison camp in Guantanamo Bay, Cuba. Katie works on universal jurisdiction ad international criminal law cases involving US and foreign officials and torture and other war crimes.
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CIA Sponsored Terror, Civil Liberties, Human Rights, NSA Spying, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Targeting Muslims, Truth to Power, War Resister
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CCR Attorney Brings GTMO Cases To Highest International Court
The International Criminal Court was established in 1998 and began sitting in 2002. To date there are 123 countries who have ratified the Rome Statute that created the ICC and participate in it.
The role of the ICC is to bring to justice the world’s worst crimes known to humankind – war crimes, crimes against humanity, and genocide. The United States of America is not one of the 123 countries who participate in this International Court. But it can still be investigated and tried if the crimes it commits were committed in one of the 123 countries.
Guest – Attorney Katherine Gallagher, senior attorney at The Center for Constitutional Rights will be appearing before the ICC in the Hague in Holland on December 4, 2019. Attorney Gallagher will be representing two men currently being held and indefinitely detained in the US offshore prison camp in Guantánamo Cuba. Katherine works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, and Survivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.
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In Defense of Julian Assange Book Launch
Margaret Kunstler, Aaron Mate, Nathan Fuller, Amy Goodman, and Barry Pollack spoke about the wrongly prosecuted Julian Assange on the occasion of the recent publication by OR Books of In Defense of Julian Assange composed of 39 authors offering a range of insights and perspectives. The event on November 21, 2019 took place at the home of the late Michael Ratner, Assange’s former attorney. We hear from Margaret Kunstler, Barry Pollack, Nathan Fuller and Amy Goodman.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Political Prisoner, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
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Misuse of Grand Juries And The Prosecution Of Chelsea Manning
The Trump administration wants to prosecute the news organization Wikileaks and its founder Julian Assange. In order to do so they have recently jailed whistleblower Chelsea Manning, who has been in solitary confinement since March 8th, 2019 in hopes to squeeze her to get testimony that could be used against Assange. Prolonged solitary confinement is a form of torture.
Chelsea Manning has refused to answer questions of the Government Prosecutor in front of a grand jury. In 2010 Chelsea Manning, then in the Army, released documents to WikiLeaks known as the Iraq War Logs. One of them was a video showing a U.S. Apache attack helicopter killing 12 people, including two Reuters journalists, two children and a passerby who stopped his van to rescue the wounded. She maintains that there’s nothing new to be learned and that she’s already given full testimony.
Chelsea Manning was convicted and served 7 years of a 35 year sentence before her sentence was commuted by Barack Obama. The prosecution of WikiLeaks for accepting leaked secret documents is a threat to press freedom and would criminalize journalism. The government is trying to frame Assange charging him with actively colluding with Manning, not just being a passive recipient of the leak. Historically grand juries have been misused in order to suppress political dissent.
Write to Chelsea Manning in solitary confinement:
Chelsea Manning
Ao181426
William G. Truesdale Adult Detention Center
2001 Mill Rd.
Alexandria, VA 22314
Guest – Attorney Michael Deutsch, an expert on the misuse of grand juries. He is a partner in the Chicago law firm The People’s Law Office and a former director of litigation at the Center for Constitutional Rights. He has represented political activists and victims of government repression. Among his clients have been the Attica prisoners in the 1971 uprising, Puerto Rican independence fighters, members of the black liberation movement, grand jury resistors, and Palestinians falsely accused of terrorism.
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The Brooklyn Folk Festival April 2019
In the political radicalizations and social upheaval’s within the United States of America in the 30s and again in the 60s, we saw an increased interest in folk music. This phenomenon is repeating itself today. We speak today with Eli Smith, the producer of the Brooklyn Folk Festival. He is a banjo player, a folklorist, and a member of the string band The Downhill Strugglers. The Brooklyn Folk Festival is the largest of its type in the country and is now in its 11th year. It takes place in Brooklyn Heights at the historic Saint Ann’s Church this April.
Guest – Eli Smith, a musician, producer and activist from Brooklyn, who has helped organize the event. Eli Smith is also a folklorist and music producer who organizes the annual “Brooklyn Folk Festival.”
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U.S. Appeals Court Opens Abu Ghraib Prison Abuse Case
In 2016, the United States appeals court re-instituted the Abu Ghraib prison abuse case against a private military contractor CACI. Since that time, the plaintiffs have had multiple victories.
The Center for Constitutional Rights is representing the abused prisoners. CCR‘s legal director Baher Azmy said “There is no question that torture is unlawful under domestic, military, and international law. The only issue in this case is whether CACI Will be held accountable – or treated with impunity – for its role in torture at Abu Ghraib. Now, the case is set for trial in Alexandria, Virginia on April 23.
Guest – Attorney Katherine Gallagher filed the case nearly 11 years ago and she is a Senior Staff Attorney at the Center for Constitutional Rights. Katherine works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, and Survivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.
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