Law and Disorder February 6, 2012

Updates:

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Weapons of Mass Destruction Part 2: Iran

Similar to accusing the Iraqi government for stockpiling weapons of mass destruction as a pretext for a military invasion, Israeli and US intelligence assert that Iran is bent on becoming a nuclear weapons state by enriching uranium. This narrative as many listeners know has been going for many years  In the New York Times article titled Confronting Iran In A Year of Elections, New York Time’s chief Washington correspondent David Sanger platforms his article on the assumption there is evidence Iran is making nuclear weapons. We talk today with Professor Bill Beeman author of The “Great Satan” vs. the “Mad Mullahs”: How the United States and Iran Demonize Each Other. Beeman has criticized the New York Times and other media for falsely claiming there is evidence Iran is developing nuclear weapons. He also points out that Iran has a right to enrich uranium for peaceful purposes and that their facilities are monitored by the International Atomic Energy Agency.

Professor William Beeman:

  • First of all its very important to understand there is no evidence anywhere that Iran has a nuclear weapons program.  Every report from the IAEA has reaffirmed that Iran has not diverted any nuclear material for military purposes, including the last report in November 2011.
  • The news media, especially the New York Times, I must tell you has distorted the IAEA report in order to make it seem as if Iran is building nuclear weapons.
  • We have no evidence to the contrary.
  • The New York Times article written by an Israeli journalist not only has actually attracted hundreds and hundreds of objections.  Because of its war mongering tone and because it contains a lot of inaccuracies.
  • Clapper claims Iran is most likely to attack the United States based on the incident that took place a few months ago.
  • There are some countries like Japan that have said outright that they intend to develop the capacity to construct nuclear weapons.  Iran has said it doesn’t intend to do this.
  • The United States is not coming after Japan. . or Brazil which has issued a similar statement or any of the 20 countries that don’t have weapons but are now enriching uranium.
  • When Colin Powell went before the United Nations saying Iraq had weapons of mass destruction I wrote a column saying its simply not true.
  • That got me on the Bill O’Reilly show where I had a big arguement with him about this.
  • I said simply show us the actual proof.
  • My feeling at the time was that Colin Powell had been badly misused by the Bush administration in order to sell a false picture of what was actually going on in Iraq.
  • Iran was given uranium many years ago during the time of the Shah to use in a medical reactor to develop isotopes for the treatment of cancer.
  • Every scrap of uranium that they’ve been working with is under inspection.
  • The IAEA is watching the process as it goes on every day.
  • They say if Iran wants to wipe Israel off the map they’re probably going to use nuclear weapons.
  • The joke is of course we knew Iran was enriching uranium, because we started the enriching program 40 years ago.
  • The idea that it was carried out in secret, quite frankly revealed the extraordinary ignorance of the Bush Administration.
  • They have a continual drum beat to attack Iran. The aim is not to stop Iran’s nuclear program because Iran’s nuclear program is anemic. The aim is regime change.

Guest – Professor William O. Beeman, Professor and Chair of Anthropology and specialist in Middle East Studies at the University of Minnesota, Minneapolis-St. Paul Minnesota, formerly of Brown University. It includes current publications on Middle Eastern affairs, especially Iran, Iraq, Afghanistan and the Persian Gulf region; anthropology; linguistics; performance; opera; things Japanese and Central Asian.

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Law and Disorder January 30, 2012

Updates:

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

Tariq Ali: Turning Points in the History of Imperialism

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

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

Tariq Ali:

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

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

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Law and Disorder January 23, 2012

Updates:

  • Heidi Boghosian: Mumia Abu-Jamal Update
  • Support Mumia Here
  • Michael Smith: Occupy Chicago Tribune Lawsuit Is On
  • Michael Ratner: Tenth Anniversary of Guantanamo Prison: Cage Prisoners
  • Movie: Death In Camp Delta
  • Iranian Scientist Murdered: Mossad, CIA, ISI
  • Covert War Against Iran
  • Michael Ratner Speaks At Occupy London About Bradley Manning Case
  • Julian Assange Extradition
  • Judge Goes Forward With Investigation Of Guantanamo Torture Cases
  • UK Transferring People To Qaddafi To Be Tortured

Newly Launched Whistle Blower Site – Honest Appalachia

Activists in Virginia have launched a website appealing to whistleblowers wanting to reveal evidence of corporate and government wrongdoing. The site is called honestappalachia.org, it uses a security technology to protect citizens who upload documents and it keeps their identity hidden if there’s legal action. Inspired by Wikileaks, honestapplachia is a low cost model that can be adapted by others worldwide.

Jimmy Tobias:

  • The site is meant to be a resource for whistle blowers, that allows them to anonymously upload documents to our site. We will take those documents and vet them, and distribute them to journalists.
  • SOPA is definitely a risk to transparency and whistle blower resources on the web.
  • You go on our site, and you read our submission guide which is a step by step.
  • The guide will tell you to download TOR. A simple piece of software which routes your activity through servers across the world, which essentially makes your activity anonymous.
  • Your IP address basically gets lost in the crowd. We will never know who you are uploading to our site.
  • We also encrypt the documents we receive.
  • We have information on our site where others can take our open source software and use 80 percent of it.
  • Our project is focusing outreach in Ohio, Pennsylvania, West Virginia, Kentucky, Tennessee, North Carolina, Virginia, also includes Georgia and South Carolina.
  • We’re really hoping to receive documents about wrongdoing at the state and local level of government, from corporations in the region.
  • Appalachia is a very industrialized region but its also very rural.
  • We were funded with a grant from the Sunlight Foundation.
  • Generally there’s a lot of cozy relationships in the states, between industry and government.
  • We’re focusing on a broad array whether they’re coal or gas companies, banks, zoning boards, state and local governments, anything that could engage in corruption at the expense of the public.

Guest – Jim Tobias, activist and direct action protester.

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Law and Disorder January 16, 2012

Update:

  • Michael Smith: Newt Gingrich Attacks Capitalism

Occupy Wall Street Parody Papers Spark Legal Action From Big Newspapers

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

Attorney Michael Deutsch:

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

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

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Inside the CIA Black Site in Bucharest

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

John Goetz:

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

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

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

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

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

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

Joe Allen:

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

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

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Law and Disorder January 9, 2012

Ten Year Anniversary of Guantanamo Bay Prison

Co-host Michael Ratner and president emeritus of the Center for Constitutional Rights gives listeners an overview of the habeas corpus legal battles to close Guantanamo Bay prison and an in depth look at the corrosive effect the offshore prison has had on civil rights, and the U.S. Constitution. Despite the fact that the U.S. government has itself cleared more than half of these men for release, and despite President Obama’s promise on his second day in office to close Guantánamo within a year, it has been almost twelve months since anyone has been released.

This is the longest period of time that has elapsed since the prison’s opening without a single person being set free.The Obama administration has also extended some of the worst aspects of the Guantánamo system by continuing indefinite detentions without charge or trial, employing illegitimate military commissions to try some suspects, and blocking accountability for torture.

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International People’s Tribunal on “War Crimes and Other Violations of International Law

International People’s Tribunal on “War Crimes and Other Violations of International Law” to be held on January 14, 2012 at 12 pm at Columbia Law School.  The event will provide an excellent opportunity for students interested in  gaining an understanding the theory and the practical application of international law in the real world.

Attorney Roger Wareham:

  • The genesis of the tribunal began during the intervention in Libya.
  • Back in May the December 12th movement always has a celebration of Malcolm X’s birthday, May 19.
  • This is part an ongoing campaign to re-colonize the African continent.
  • Libya was important to that for a number reasons. Libya has some of the best crude oil in the world that requires the least amount of production in terms of transforming it into gasoline.
  • Col. Gaddafi stood for the proposition that there would be a United States of Africa.
  • Libya had the highest standard of living on the African continent.
  • What we hope to come out of this is fashion a petition to take before the International Criminal Court.
  • The plan is we’ll going to take at least a 400 people strong delegation to the Hague in June to present a petition to the prosecutor, requesting they prosecute the heads of NATO, Britain, Canada, Italy, for war crimes.
  • Saturday January 14, 2012 / Columbia University Law School / 435 West 116th Street / 718-398-1766 / iptribunal2012@gmail.com

Guest – Roger Wareham, lawyer and political activist of over four decades. He is a member of the December 12th Movement, an organization of African people which organizes in the Black and Latino community around human rights violations, particularly police terror. Wareham is also the International Secretary-General of the International Association Against Torture (AICT), a non-governmental organization that has consultative status before the United Nations.

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Cornell and The Technion of Israel To Build Campus On Governor’s Island

As many listeners may know, Cornell University is joining with Technion-Israel Institute of Technology in a plan to build a campus in New York City.  Critics however, point out Technion’s involvement with the Israeli Defense Force in the development of repressive technology that would further perpetuate crimes against Palestinians. Through cooperative research with Israeli defense companies such as Elbit, Rafael, McGill and Concordia, Technion is involved in asymmetrical robotic warfare with faceless human targets who can be killed by remote control.

To talk more about this, we’re joined today by David Klein,  a professor at California State University in Northridge and a member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel.

Professor David Klein:

  • It is a collaboration between Cornell University and Technion which is like Israel’s MIT.
  • There’s a 350 million dollar grant from a philanthropist, which has been supplemented with 100 million dollars in public money.
  • I’m a member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel. 
  • The demands that we have are ending the occupation and colonization all Arab lands and dismantling the apartheid wall.
  • Recognizing the fundamental rights of Arab / Palestinian citizens of Israel to full equality.
  • Respecting and promoting the rights of Palestinian refugees to return to their homes and property as stipulated in UN resolution 194.
  • Technion is deeply complicit with Israel’s military and provides the military with technology to carry out ethnic cleansing of Palestinians.
  • Participants in a joint military and university program for science students, who will later be integrated into the Army’s research and development units, wear uniforms throughout their years of study.
  • It’s particularly strong in developing robotic weapons systems, which include aerial drones, and unmanned combat vehicle technology.
  • I think Bloomberg is supportive of the apartheid system in Israel. He wouldn’t view this as a problem like much of the rest of the world does.
  • The crime of apartheid is an international crime against humanity.
  • In addition to aerial drones, Technion makes the Black D9 Bulldozer, it makes the Stealth UVA Drone, which is a drone that can fly almost 3000km without refueling.
  • It’s making something called the Dragonfly UVA mini-drone, which is a tiny drone with a 9 inch wingspan. It can fly into people’s bedroom windows and kill em.
  • Technion is involved in asymmetrical robotic warfare with faceless human targets who can be killed by remote control.
  • Israel is arguably the most racist country at this time, due to the apartheid system that it has.

Guest – David Klein, member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel (www.usacbi.org), and is a professor of mathematics at California State University, Northridge (CSUN).  He received  his Ph.D. in Applied Mathematics from Cornell University. His professional interests include mathematical physics, climate science, and mathematics education in the public schools.  He is the faculty advisor for the campus student groups, Students for Justice in Palestine and the CSUN Green Party.  David Klein’s website

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CCR Lawsuit: Stop and Frisk NYC

Last year, a federal judge rejected a move by the City of New York to stop a lawsuit filed by the Center for Constitutional Rights challenging the New York City Police Department’s Stop and Frisk policy. Judge Shir Scheindlin pointed out the seriousness of numerous claims that the NYPD disproportionately and illegally targeting communities of color.   In 2009 New York City, a record 576,394 people were stopped, 84 percent of whom were Black and Latino residents — although they comprise only about 26 percent and 27 percent of New York City’s total population respectively. The year 2009 was not an anomaly. Ten years of raw data obtained by court order from the New York City Police Department (NYPD) show that stop-and-frisks result in a minimal yield of weapons and contraband.

Attorney Darius Charney:

  • Stop and Frisk is a city wide epidemic.  We’ve gone from 90 thousand in 2002 to 700 thousand this year. They’re stopping 2000 people a day, primarily young males of color but also females of color.
  • There are really know criteria as far as we can tell. There are guidelines that have been laid out by the courts in the last forty years. The police don’t follow those guidelines. They’re suppose to reasonable suspicion of criminal activity.
  • They’re stopping people for what’s called “furtive movements” whatever that means.
  • The other one is “high crime neighborhood.” The court had ruled that this is unconstitional, you can’t use the basis of a high crime neighborhood to stop and search them.
  • Yet again, the police are doing that hundreds of thousands of times a year.
  • The two allegations we made is that the NYPD has a widespread policy and practice of stopping and frisking New Yorkers without reasonable suspicion which violates the fourth Amendment of the Constitution and then on the basis of race which violates the Equal Protection clause of the 14th Amendment of the Constitution.
  • The blacker or browner that neighborhood is, the more stops that are going to be done in that neighborhood.
  • The other part is the weapon recovery rate, the police department justifies this program by saying, we’re trying to get guns off the street.
  • Last year in 2010, they stopped over 600 thousand people. The number of guns recovered in those 600 thousand stops was 1200 guns.
  • Relief sought in class action suit: Outside independent oversight of the police department.

Guest –  Darius Charney,  senior staff attorney in the Racial Justice/Government Misconduct Docket.  He is currently lead counsel on Floyd v. City of New York, a federal civil rights class action lawsuit challenging the New York Police Department’s unconstitutional and racially discriminatory stop-and-frisk practices, and Vulcan Society Inc. v. the City of New York, a Title VII class action lawsuit on behalf of African-American applicants to the New York City Fire Department which challenges the racially discriminatory hiring practices of the FDNY.

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