Extraordinary Rendition, Supreme Court, Surveillance, Torture, Truth to Power, Uncategorized
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Update – Donald Rumsfeld Resigns
Examining the Foundation of a Police State: Tracking the Disappeared
In this second part of this four-part series, we take a look through the eyes and experiences of our guest attorneys representing “enemy combatants” indefinitely detained in this country and abroad. You’ll hear their first hand accounts of deplorable conditions and torture techniques implemented under the umbrella of twisted legislation.
Rather than setting up a narrow intelligence-based effort to prosecute the perpetrators of a criminal action, the Bush administration exploited the tragic events of 9/11 as an excuse to cast a broad net used to justify the demonization of all Muslims. This, as the use of CIA torture techniques sent shock waves rippling through the conscience of all Americans. You will get the sense of how the US government has institutionalized racial profiling, detention prisons, and torture in its fervent effort to implement the so called war on terror.
In the third part of this series we’ll look at the crackdown of dissent in this country, including how the government has set up a “terrorist” database to categorize and target domestic activists. As attorneys on the front lines we bring you exclusive cases of domestic surveillance of protestors. Our final episode will be devoted to the unjust and illegal war in Iraq. We believe that taken together, the four-part series reveals how the plans for a police state and martial law are being cemented. Law and Disorder will call attention to this emergence by bringing you the voices of strength and opposition from activists, authors and attorneys who are well informed, not silent and standing up against the strangling of democracy.
Since the attacks of September 11, 2001, the United States government has held hundreds of men at Guantanamo Bay as part of its ‘global war on terrorism.’ However, the secrecy and questions about the legality of the imprisonments have drawn concern from lawmakers, foreign governments and human rights groups. The indefinite detentions without trial are seen by many as violations of the Geneva Conventions, they inspire anti-Americanism, and infringe upon the very foundations of our civil rights.
Guest – Gita Guitierezz – attorney with the Center for Constitutional Rights defending Guantanamo Bay detainees. Gita has made more than 10 visits to Guantanamo Bay and has represented prisoners such as Mohamed Mani Ahmad al-Kahtani.
Jarallah Al-Marri
Al-Marri, a 32-year-old father of three, and Qatar citizen. He was taken into custody during an early morning raid in Pakistan in December of 2001, just months after the U.S. attack on Afghanistan. He then spent the next several weeks at the US Air Force Base in Bagram, Afghanistan. Al-Marri has since spent four years in Guantanamo Bay military prison mostly in solitary confinement. For nearly two years his only human contact has been with interrogators, prison guards and our guest Jonathan Hafetz.
Guest – Jonathan Hafetz, associate counsel at the Brennan Center for Justice at NYU School of Law. He is an expert on the history of habeas corpus. His articles and legal briefs on habeas corpus are widely cited by scholars and courts, including the U.S. Supreme Court. Mr. Hafetz’s legal practice focuses on the detention of enemy combatants and other issues of executive power.
Hafetz says Al-Marri interrogators slammed his head into a concrete wall, hit him with a 2-by-4 foot piece of wood, and forced him to remain in physically painful positions for long periods of time.
Jose Padilla
Jose Padilla was first detained in 2002 at Chicago’s O’Hare Airport after he returned from a trip to Pakistan. At the time Attorney General John Ashcroft warned the government had “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive “dirty bomb.” President Bush declared he was an enemy combatant who could be jailed in solitary confinement indefinitely without charges – even though he was a U.S. citizen. Only recently have the “dirty bomb” charges been dropped.
Guest – Andy Patel, one of the attorneys representing Jose Padilla.
Uncategorized
Brothers and Sisters, Comrades!
I had hoped to be able to speak with you all, and hug you all and argue with you all and do some fajitas and mega margaritas with you all, in person, but that is not to be this year. So I am sitting in Brooklyn and thinking of you all as both Ralph and I still float euphorically about 1 foot off the floor after a sentencing reprieve that was as welcome as it was unexpected.
However, rather than bask in the glow I want to seize the time before you to brandish some of the truths that have risen out of this four and a half year struggle with the Government.
First, a” lenient” sentence of twenty eight months and the loss of my calling to be a lawyer is probably still more than enough to chill if not downright put on ice, the criminal defense bar. This was the government motive from the arrest onward and I have little doubt that lawyers in the trenches and our clients will suffer from this announced omnipresence of Big Brother at the counsel table and in the visiting rooms. So the fight continues to the Appeal and the significant Constititutional questions that we will raise and hope to be vindicated on. I believe that it is possible, even in Bush world and what may follow it, that Lynne Stewart will one day be able to walk into a Courtroom as a Counsellor at Law!
My second most important point is that I would not be sitting in Brooklyn writing this except for the most astounding outpouring of People Power- Not only the 1000+ letters, the 800 strong supporters attending at Riverside Church from every part of the fractious Left the night before the sentencing: the singing of the Battle Hymn (with Her Truth rather than His!) as we walked heads high into the Court on Monday. It was also anytime someone talked about the case, or staged a burning of the Constititution in Birmingham (thank you David Gespass!) It was Ian Head who kept us together via the web site and Haydee, who wrote and sweated the joint publication of the pamphlet that put the truth of the conviction to the public. Or those arranged a radio interview (Lafferty this one’s for you and all the others from the Hildes’ in Bellingham Washington to the folks in Chicago, San Diego, Portland, Tucson,Seattle, Long Island, San Francisco, Phoenix, Boston, Philadelphia, Baltimore, Maine and Washington DC who set up the meetings and put us up in style (that sauna in Minneapolis), those who played the DVDs on the campus and who wrote the letters!! Those letters and the outpouring of support enabled and enboldened a United States District Court Judge to state
“It is no exaggeration to say that Ms. Stewart has not only performed a public service to her clients but to the nation.”
It is a victory not only for me personally not to have to end my life in jail but to our brand of lawyering that centers on People, not the corporation.
I spoke to the Guild Convention at its closing in 2003, and I just want to repeat my personal vision expressed there about the renewal of our quests at these gatherings:
We now resume our everyday lives but we have been charged once again, with, and for, our quests, and like Hippolyta and her Amazons; like David going forth to meet Goliath, like Beowulf the dragon slayer, like Queen Zenobia, who made war on the Romans, like Sir Galahad seeking the holy grail. And modern heros, dare I mention? Ho and Mao and Lenin, Fidel and Nelson Mandela and John Brown, Che Guevara who reminds us “At the risk of seeming ridiculous, let me say that the true revolutionary is guided by a great feeling of love.” Our quests like theirs are to shake the very foundations of the continents. We go out to stop police brutality – to rescue the imprisoned – To change the rules for those who have never ever been able to get to the starting line much less run the race, because of color, physical condition, gender, mental impairment.
We go forth to preserve the air and land and water and sky and all the beasts that crawl and fly.
We go forth to safeguard the right to speak and write, to join; to learn, to rest safe at home, to be secure, fed, healthy, sheltered, loved and loving, to be at peace with ones identity.
Until we meet again our quests are formidable. We have in Washington a poisonous government that spreads its venom to the body politic in all corners of the globe. We have war – big war in Iraq, big war in Afghanistan, smaller wars in Columbia, Central America, Southeast Asia. We have detainees and political prisoners at home…..
That was 2003 and now we face a landscape devoid of habeus corpus where our government admits and enjoys rendering and torturing. With all of that
We know we can win. We know we can win because we must win. Arundahti Roy says “WE BE MANY AND THEY BE FEW”
There is a time when History and Justice meet. Let us Dare to Struggle Dare to Win.
Civil Liberties, Death Penalty, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Laying the Foundation for a Police State – Part 1 – Building Blocks
Since July of 2004, Law and Disorder has brought Pacifica listeners the voices of activists, authors and attorneys from the front lines.
In the weeks to come, Law and Disorder hosts will examine in a four part series, the foundation for what many see as a police state in the United States. In this series they will talk with guests about the post 9/11 blueprint of this dictatorship/ police state and how the nefarious turn to war, the use of torture and the domestic propagation of fear unfolded.
Law and Disorder hosts have covered at length topics such as torture, domestic surveillance, criminalizing dissent, racial profiling, indefinite detentions and the destruction of constitutional rights as vital information to bring an understanding to listeners as to how it happened and where we go from here.
In this first series, the hosts begin with a look back at where they were on the day of September 11th, and how the Patriot Act was pushed through the Legislature immediately after the attacks on that day. They look at the racial profiling and roundup of Muslims and the rush to invade Afghanistan and Iraq using the Authorization for Use of Military Force.
Later in the second, third and fourth parts of the series – a discussion on the recent signing of the military commission act of 2006 and the abolishment of habeas corpus. This, as well the Insurrection Act and the buildup of detention prisons in the United States. The plans for a police state and martial law are slowly locking into place. Law and Disorder will bring attention to this emergence by bringing you the voices of strength and opposition from activists, authors and attorneys who are well informed, not silent and standing up against the strangling of democracy.
Co-host Dalia Hashad describes her experiences as an attorney formerly with the ACLU right after September 11th as thousands of Muslim-Americans were rounded up or corralled because of their ethnicity or political affiliation.
Tracked in America – Samina Sundas
Samina Sundas with American Muslim Voice helped her fellow Muslims and Pakistani-Americans integrate into mainstream American society, and her role intensified after 9/11. When the National Security Entry-Exit Registration System (NSEERS, also known as the Special Registration program) was instituted in September 2002, Muslims all over the United States contacted her confused and worried about how it would affect them. She couldn’t get clear answers from federal immigration officials despite several meetings. After that, she set up an ad hoc hotline that has since become part of an organization called American Muslim Voice.
Framework of Police State laws since 9/11
Co-host Michael Ratner leads the way through the timeline from setting up the legal basis for a global war on terror to justifying a secret system of prisons and interrogation techniques that evade historic safeguards in the Geneva Convention.
Guest – Scott Horton, Chair of International Law Committee at the New York City Bar Association and adjunct Professor of Law at Columbia University. He is also the author of over 200 articles and monographs on legal developments in nations in transition.
Civil Liberties, Guantanamo, Surveillance, Torture, Truth to Power
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Law and Disorder hosts welcome back co-host Dalia Hashad. Dalia describes experiences while on a “Taser Tour” through the UK with Amnesty International, an effort to bring awareness among Scottish law enforcement about the use and physical hazards of Taser weapons.
Law and Disorder Taser series – Part 1, Part 2, Part 3
Tracked In America
Here on Law and Disorder we will be showcasing the voices from a documentary project called Tracked in America. The project introduces the stories of 25 individuals who have been targeted by the US government. The stories span from World War I to the post-9/11 reality. This week, Law and Disorder hosts talk with Eric Shaw.
As covered extensively on Law and Disorder, the post-9/11 period has seen a dramatic expansion of government surveillance. Law enforcement has received extensive funding for this purpose. With little regulation and poor understanding of constitutional protections, the authorities have overstepped their bounds, especially in monitoring political activity. Eric Shaw is one of those citizens monitored by the US government.
Eric Shaw joined the U. S. Marines to foster those ideals at home and abroad and when he returned to civilian life years later, he lost respect for the U.S. government during the buildup to the 2003 U.S. invasion of Iraq.
In this interview Eric describes how he organized anti-war demonstrations and the intimidating surveillance tactics. He was stunned when riot police shot at him and other peaceful protesters at a very well known demonstration in Oakland, California but Shaw refuses to be silenced.
Boston subway search policy – No Probable Cause?
The Massachusetts MBTA recently enacted a search policy whereby transit police can search any passenger on the public transit system for any kind of device or substance that could be used as a weapon. They can use canine units to sniff through your belongings, electronic scanners and perhaps most frightening, they can do so without probable cause.
In response to this new search policy, volunteers have formed the Safe-T Coalition to education commuter at selected subway stations about how this recent policy severely infringes our civil liberties. The “T” is what Bostonians call their transit system. The coalition is handing out informational fliers and buttons that read “I Do Not Consent to a Search.”
Guest – Jeff Feuer, co-chair of the Massachusetts Chapter of the National Lawyers Guild.
A Question of Torture – Al McCoy – Station Affiliates
We hear an excerpt from the nearly one hour interview Law and Disorder co-hosts Michael Ratner and Michael Steven Smith conducted with author Al McCoy.A Question of Torture is a revelatory account of the CIA’s secret, fifty-year effort to develop new forms of torture, historian Alfred W. McCoy uncovers the deep, disturbing roots of recent scandals at Abu Ghraib and Guant?namo. Far from aberrations, as the White House has claimed, A Question of Torture shows that these abuses are the product of a long-standing covert program of interrogation.
Developed at the cost of billions of dollars, the CIA’s method combined “sensory deprivation” and “self-inflicted pain” to create a revolutionary psychological approach—the first innovation in torture in centuries. The simple techniques—involving isolation, hooding, hours of standing, extremes of hot and cold, and manipulation of time—constitute an all-out assault on the victim’s senses, destroying the basis of personal identity.
Lynn Stewart Sentencing – WBAI listeners
An afternoon in front of the Daniel Patrick Moynihan Courthouse awaiting Lynne Stewart’s sentencing
Law and Disorder brings you the voices, attorneys and Lynne Stewart’s first statements following her sentencing from the steps of the courthouse near Foley Square in downtown Manhattan, New York City. Hundreds of Lynne Stewart supporters were corralled into a pen on the sidewalk and you’ll hear police shouting at supporters. We begin with comments from demonstrator Irene Sadek, Lynne Stewart supporter – Law and Disorder co-hosts Michael Smith and Michael Ratner, excerpts from the Lynne Stewart press conference and conclude with amazing details from inside the courtroom in an exclusive Law and Disorder debriefing of attorney Jeff Mackler.
Civil Liberties, Extraordinary Rendition, Guantanamo, Torture, Truth to Power
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Updates:
- Military Commissions Act 2006
- Habeas Corpus
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An afternoon in front of the Daniel Patrick Moynihan Courthouse awaiting Lynne Stewart’s sentencing
Law and Disorder brings you the voices, attorneys and Lynne Stewart’s first statements following her sentencing from the steps of the courthouse near Foley Square in downtown Manhattan, New York City. Hundreds of Lynne Stewart supporters were corralled into a pen on the sidewalk and you’ll hear police shouting at supporters. We begin with comments from demonstrator Irene Sadek, Lynne Stewart supporter – Reverend Anthony P. Johnson, Law and Disorder co-hosts Michael Smith and Michael Ratner, Lynne Stewart at press conference and conclude with amazing details from inside the courtroom in an exclusive Law and Disorder debriefing of attorney Jeff Mackler.
“The judge noted her past in issuing sentence saying: “She has represented the poor, the disadvantaged and the unpopular (and she had) enormous skill and dedication (earning little money for doing it). It is no exaggeration to say that Ms. Stewart performed a public service not only to her clients but to the nation.” Judge Koeltl cited the many hundreds of letters of support Stewart received from law professors, former prosecutors, retired judges and former clients. One or more of them came from Ramsey Clark, a man of such enormous stature and eminence himself, he can’t be ignored.”
Read more about Lynne’s case.
Lynne Stewart’s letter to Judge Koetl
“This is it guys, we’re talking about a Police State.” – Michael Ratner
Co-hosts Michael Ratner and Michael Smith discuss several key points inside the Military Commission Act.
The Military Commissions Act was recently signed into law. Law and Disorder hosts Michael Ratner and Michael Smith discuss the implications in the context of what this means for the Habeas Corpus law, US citizens, US non citizens and Guantanamo detainees. Hosts also discuss Halliburton and KBR contracts to build detention centers in the United States. Law and Disorder will have more on detention centers in the weeks to come. Death of Habeas Corpus – Keith Olbermann
