Civil Liberties, Extraordinary Rendition, Guantanamo, Torture, Truth to Power
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Co-host Michael Ratner, and President of the Center for Constitutional Rights updates Law and Disorder listeners on the Military Commissions Act. Michael Ratner with other attorneys from CCR spent the last week in Washington DC garnering support from Senators to oppose the Bush administration’s rush to pass the Military Commissions Act through Congress. Ratner adds that the passing of this Act allows over-arching executive power and is by definition a police state – “no meaningful distinction between the law and the exercise of political power by the executive.” Below are points highlighted from this CCR article.
- Shortly after September 11, 2001, hundreds of non-citizens were swept up in the United States and detained in connection to the terrorism investigation without any evidence to connect them to terrorism or crime.
- These men were arrested and detained based on their Muslim faith, their Arab or South Asian descent, and their immigration status, rather than any evidence to connect them to terrorism.
- The “9-11 detainees” were imprisoned in the United States until they were cleared of any connection to terrorism by the FBI. This clearance usually took months, and some detainees were held for over a year.
- During the detention period, many men were held in the most restrictive confinement that exists in the federal system. They were locked down 23 to 24 hours a day, hand-cuffed and shackled, deprived of sleep, beaten and verbally harassed, and denied the opportunity to practice their religion.
- Since the men were released, at least two federal court judges have ruled that the treatment of the detainees would constitute violations of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution.
- This provision allows any one of them to be imprisoned indefinitely without their day in court. Now, they could be investigated, detained, interrogated, and tortured without judicial remedy. While U.S. law prohibits torture, this bill would deny access to the courts to bring a torture claim.
CENTER FOR CONSTITUTIONAL RIGHTS CONDEMNS DEFEAT OF SPECTER AMENDMENT TO PRESERVE HABEAS
Progressive human rights attorney Lynne Stewart, accused of aiding terrorists, faces 30 years in prison. On Tuesday, April 9, 2002, she was arrested and agents searched her Manhattan office for documents. The government calls her a terrorist because of her legal work with Omar Abdel Rahman, a convicted Egyptian Islamic scholar and has demanded that Judge John Koeltl sentence her to Federal Prison for 30 Years.
We are really glad to have Lynne back with us in the studio again, the cold truth of this reality is that Lynne Stewart will be sentenced on Monday October 16th, fourteen days from today. Again as many listeners know this is a landmark case, an obvious attempt by the U.S. government to silence dissent, curtail vigorous defense lawyers, and instill fear in those who would stand up against the U.S. government’s racism, and seek to help Arabs and Muslims being prosecuted for free speech. Please visit Lynne Stewart’s website for events leading up to sentencing.
Sunday October 15 – Riverside Church, between 120 & 122nd Street and Riverside Drive, Manhattan 4:00 pm
RALLY AND TRIBUTE; On the eve of the sentencing, a show of support and love for Lynne Stewart. A tribute to her legal career and to her political life.
Monday October 16 – Tom Paine Park (Foley Square) Centre St and Worth St, Manhattan 8a.m., 9 am
Rally to accompany Lynne Stewart to Court. Demonstrate your support. You cannot be too “busy” for this historic moment. One to tell your grandchildren about. Crucial to the atmosphere of outraged citizenry we need.
The War At Home
Here on Law and Disorder we’ve talked at length about the legislation and policy the US government is installing to create what amounts to be a police state in this country.
Guest – Jack Rasmus, journalist and author of THE WAR AT HOME: The Corporate Offensive From Ronald Reagan to George W. Bush. The War At Home examines the relationship between the emerging police state and the great shift in wealth, salaries, earnings, diminution of health care, pensions, destruction of the unions, and all the rest that started under Reagan.
We’ll also talk with author about class struggle and the relationship between democratic rights and the ability to make social change. Jack Rasmus is also an economics and labor journalist for Z magazine and the Dispatcher.
Cuban Five Update – Co-Host Heidi Boghosian, Executive Director of the National Lawyers Guild recently spoke at events supporting the release of the Cuban Five. In the past few weeks, events have been held around the country over the plight of the Cuban Five. Five courageous men who uncovered information about plans by anti-Cuban terrorists to commit acts of violence against that island nation. After the Cuban government turned over voluminous documentation of such plans, the five were indicted and tried in Miami on unfounded charges of conspiracy to commit espionage all without one page of evidence to corroborate such charges. The Cuban Five have been imprisoned for 8 years in maximum security facilities spread out across the United States. They’re in such remote locations that even visits from their attorneys are difficult. There’s also a media blackout on this story. Law and Disorder hopes this will change especially in light of recent revelations that the Bush Administration has poured hundreds of thousands of dollars into paying Miami journalists to plant misleading and erroneous stories on Cuba issues. In Washington DC a large rally to the White House attracted 600 marchers and was followed by a panel of speakers including Len Weinglass.
We hear an excerpt from a speech delivered by Heidi Boghosian at the Church of the Intercession. The event featured Esteban Lazo Hernandez, Vice President of the Cuban Council of State, director of its International Relations Committee and long time revolutionary leader. He was joined by Cuban Foreign Minister Felipe Perez Roque. We will hear more of their speeches in the weeks to come.
Civil Liberties, Extraordinary Rendition, Surveillance, Truth to Power
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Freelance journalist Josh Wolf recently spent a month in jail for refusing to comply with a grand jury subpoena to turn over video footage he took at a rally this past July in opposition to the G8 economic summit in Gleneagles, Scotland. The grand jury is investigating a police car incident from the protest. Neither incident was shown in footage that local television stations purchased from Wolf for their broadcast. Wolf claimed a journalist’s right to withhold unpublished material and well as confidential sources. Although he offered to show the tape to the judge who held him in contempt, but the judge would not accept that offer.
Law and Disorder caught up with Josh Wolfe hours before he was to have turned himself in to the Federal Correctional Institution in Dublin. After we spoke to him he was given a two-day extension before he returns to prison for possibly nine months or more.
Attorneys for Wolf, hope to keep their client free while he appeals the case. They plan to ask the full Ninth Circuit appeals court in San Francisco next month to review the case and may also take the case to the U.S. Supreme Court.
In his argument for revoking bail, prosecutor Jeffrey Finigan wrote that Wolf must be jailed because the “coercive intent behind the recalcitrant witness statute is lessened with each passing day.” A journalist’s rights to withhold unpublished material and to defend his sources are protected by California’s shield law, but that law does not apply in federal court.
Law and Disorder also spoke with Tim Karr Campaign Director with Free Press about Josh Wolf’s case, shield laws for journalists and the first amendment implications of the case. Karr oversees Free Press campaigns and outreach efforts, including campaigns on public broadcasting and noncommercial media, fake news and propaganda, journalism in crisis, and the future of the Internet.
Co-host Michael Ratner tells how he argued the case in 1971 that ultimately help create journalist shield laws in New York City. It started when police arrested WBAI station manager Ed Goodman for refusing to turn over taped statements by rebelling prisoners at the “Tombs,” the New York City jail. Pacifica Timeline
On July 31 2006, Fidel Castro delegated his duties as President of the Council of state, first secretary of the Cuban Communist Party and the post of commander in chief of the armed forces to his brother Raúl Castro. Many say the transfer of power is temporary as Castro recovers from intestinal surgery. We look beyond the US media spin at the governmental institution of Cuba and the 46 year old war United States has waged against the communist island.
Guest – Peter Roman, professor and political scientist who teaches at Hostos Community College in New York and author of a number of books including People’s Power: Cuba’s Experience With Representative Government.
This multi-layer book examines the historical and political origins of the theory of People’s Power that underpins the Cuban experience.
Civil Liberties, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Guantanamo/War on Terror/9/11 – Update
Co-host Michael Ratner begins the update in the context of the Supreme Court’s Hamden decision – which essentially says that Geneva conventions apply to people picked up during the “war on terror,” meaning fair trials and being treated humanely. This decision also means that the military commissions set up by the US president are no longer lawful and the actions of torturers, such as the CIA and military personnel at Guantanamo and CIA secret sites could now be charged with war crimes. Today, the president is asking Congress to amend Geneva Conventions and allow illegal military commissions to continue.
To find out more and take action please visit the Center for Constitutional Rights and help stop the fast tracking military commissions bill in Congress that would sink the United States into a police state.
Law and Disorder Exclusive – NSA Spying Lawsuit Oral Arguments
A few weeks ago oral arguments were heard in federal court in a lawsuit brought by the Center for Constitutional Rights. The suit seeks to stop Bush and government agencies from conducting warrantless surveillance of international communications made from the United States, such phone calls and emails. Arguing the case were CCR attorney Shane Kadidal (read Shane’s blog here) and cooperating attorney Michael Avery, president of the National Lawyers Guild. One issue is whether CCR and several of its lawyers has standing to bring the suit. CCR lawyers and Avery have to basically demonstrate a concrete injury from the spying program. CCR lawyers say that their ability to conduct their work has been affected by the chance that their attorney/client communications may be monitored. Meanwhile, government attorneys urged that Judge Gerald Lynch dismiss the case because allowing it to proceed would jeopardize “national security.” It also argued that the government has inherent constitutional power to override national enactments like the Foreign Intelligence Surveillance Act.
Co-hosts Michael Smith and Heidi Boghosian caught up with Shane Kadidal and Michael Avery right after their three hour argument.
Mexico Election Protests and the Forming Of A Shadow Government
Post election street protests and tent cities come to a close in Mexico two months after the razor thing results. An election too close to call had both front running presidential candidates Felipe Calderon and Andres Manuel Lopez Obrador declaring themselves winners, based on their speeches and a number of private exit-polls. In the initial election count that ended July 3, Calderon had an advantage of more than 400 thousand votes or 1.04 percentage points over Lopez Obrador. For the past six weeks sprawling encampments filled the center of Mexico City. Obrador warned he will never acknowledge defeat and is forming a “shadow government.”
Guest – Jim Cockcroft – bilingual award winning author of more than 30 books and countless articles on Latin America, Mexico globalization, labor migration and public policy. Read Jim’s blog here.
No More Deaths – Border Activists Shanti Sellz/Daniel Strauss Case Dismissed.
Here at Law and Disorder we’ve been following the cases of Daniel Strauss and Shanti Sellz, two humanitarian aid activists who work at the Mexican border. More information here at No More Deaths. They provide food and water and if necessary medical assistance to people who are in need crossing the border. In July 2005, they were arrested for transporting three undocumented migrants to a hospital for emergency medical care – for a full background on the case listen to the Law and Disorder interview with Shanti and Daniel here. The case was set to go to trial this October but the judge has recently dropped the case. Co-host Dalia Hashad and WBAI’s Wake Up Call host Deepa Fernandes caught up with Shanti Sellz at the Arizona border.
September 23: Free the Cuban 5: Protest at the White House, DC
Join Law and Disorder hosts in Washington DC to protest the U.S. government releasing terrorist Luis Posada Carriles.
Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Today on Law and Disorder, hosts take a look back at US governments’ domestic and international reaction to the attacks on the World Trade Center and the Pentagon, where an estimated 3000 perished. Stay with us as we begin with the targeting of Muslims and Arab/Americans then discuss the use of secret prisons, NSA spying, Guantanamo and war powers, the Authorization for Use of Military Force.
FBI Roundups, Profiling, Secret Sites, Presidential Powers
Roundup of Muslims – FBI to question 5000–immediate – Special Registration
Ashcroft lifting of FBI Guidelines
Detainee Treatment Act – more info on McCain amendment
Decision justifying torture
Brandon Mayfield
FBI Informant
Spying, NSA, Criminalizing Dissent, Patriot Act
2006 NSA spying—cases and victory
CCR case
EFF case
Broadening of wiretap provisions
Patriot Act – No sunset
Criminal cases—Lynne Stewart
We hear a preview from an interview with Shane Kadidal, attorney with the Center for Constitutional Rights and cooperating attorney Michael Avery, president of the National Lawyers Guild, right after arguing the case brought by the Center for Constitutional Rights seeking to stop Bush and government agencies from conducting warrantless surveillance of international communications of people in the United States.
Guantanamo, Torture, Indefinite Detention, Renditions, Criminal Prosecutions
INS —secret hearings
Abu Gharib photos – Warning – graphic images on this link
Guantanamo – Amnesty Link
CCR link
Torture is not torture – 2004 Truthout story – Marjorie Cohn
Iraq/Afghanistan/ – War
AUMF — Authorization to Use Military Force – translation: Attack anything anywhere if president says it’s related to 9/11.
Attack Afghanistan 2002
Attack Iraq – 2003
Attack Lebanon – 2006
Civil Liberties, Surveillance, Truth to Power
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Hurricane Katrina Aftermath – One Year Later
This week marks the one year anniversary of Hurricane Katrina, the category five monster hurricane that pounded the gulf coast killing more than 1300 people and leaving hundreds of thousands displaced. In New Orleans more than 200 thousand people have not been able to return home.
Environmental Human Rights also pose a serious risk as New Orleans residents have been urged by government agencies to move back into their homes. This, despite contaminants that have leached deep into the soil and mold in the air. According to Reuters, Asian tsunami relief workers who visited New Orleans this summer were shocked at the lack of recovery.
Guest – Attorney Jaribu Hill, Executive Director with the Mississippi Worker’s Center for Human Rights / Read Jaribu Hill’s Congressional Testimony here
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Guest – Cholene Espinoza, author of Through The Eye of The Storm – A Book Dedicated To Rebuilding What Katrina Washed Away. Cholene Espinoza was the second woman to fly the U-2 reconnaissance aircraft in the U.S. Air Force She is also a Captain for United Airlines on the Airbus 320 and 319.
A Rare Report From Inside Lebanon During the Israeli Bombardment
It’s been more than two weeks since the UN cease-fire has been in effect on Israel’s month-long war that has the lives of 1300 Lebanese civilians. More residents in southern Lebanon have buried their dead. The largest funeral took place in Qana where an Israeli airstrike on the town in late July killed 29 people – the majority of them women and children. Border skirmishes continue as the truce is in its 15th day.
Guest – International Solidarity Movement founder Huwaida Arraf. She has spent the last few weeks in Lebanon establishing an international civilian presence and supporting Lebanese civilians in confronting the Israeli aerial bombardment in southern Lebanon.
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Federal Judge Says NSA Spying Unconstitutional
U.S. District Judge Anna Diggs Taylor ruled last week that the government’s warrantless surveillance program is unconstitutional and ordered an immediate end to it. Taylor is the first judge to strike down the National Security Agency’s program, which she says violates the rights to free speech and privacy, as well as the constitutional separation of powers.
So far, the Bush administration and the federal judge agreed to allow the program to hold off on enforcing the ruling for the time being, meanwhile the warrantless eavesdropping will probably continue.
Guest – Attorney Melissa Goodman with the National ACLU
Guest – Shane Kadidal, staff attorney with the Center for Constitutional Rights.
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