Law and Disorder November 24, 2008

Host Updates:

Watch: Michael Ratner – Should High Gov’t Officials Be Investigated and Prosecuted? – Quicktime

Related New:

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Mara Verheyden Hilliard: Inauguration 2009 and the Partnership For Civil Justice

Hosts talk with Mara about criminalizing dissent, surveillance, data mining, fusion centers and the ability to exercise first amendment rights. A recent example were the violations of free speech during the mass arrests of protesters at the 2008 Republican National Convention. The demonizing of protesters and their message in the media will usually allow for the use of military force by police. That combined with intelligence gathering and targeting of lead organizers squelched the voice of dissent in all age groups.

Mara Verheyden Hilliard:

  • A lot of our work is at the intersection of first and fourth amendment rights.
  • PCJ has a class action suit pending from the world bank IMF protest – 8 year drag out tactic.
  • “What they want to do is stage-manage democracy.”
  • Victory: After years of litigation the government has to lift regulations on number of people at the Great Lawn
  • Is it important to say that we don’t want to go back to Jan 19, 2001 just the day before Bush took office- or is there more that we have to do?
  • We think there has to be an audit of every agency’s databases to determine exactly what the databases are.
  • Identify what has been collected, where it has been put, who has access to that information,
  • Then to tell people in the United States individually, what has been collected on them and then to expunge it.
  • For people in their United States, their government collecting information, maintaining information, in these massive database files, that can be used by law enforcement, pulled up in a moment’s notice is really a very dangerous practice.
  • What they’ve done is misuse existing databases and data tools.

Guest – Attorney Mara Verheyden Hilliard co-founder of The Partnership for Civil Justice Legal Defense & Education Fund.

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Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law http://michaelstevensmith.com/ Heidi Boghosian Daniel Gross - Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law

Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law

Law and Disorder hosts welcome back attorney, author and union activist Daniel Gross who has co-written with author, lawyer and historian Staughton Lynd the recently published, Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law.

Daniel Gross:

  • Led movement to unionize baristas at Starbucks
  • Subtitle of the book –“building solidarity while staying clear of the law”
  • We try to show in the book how the law represses and co-ops solidarity amongst rank and file workers.
  • It is the rank and file that transform both work and society.
  • A union is a group of workers standing together to take direct action.
  • We shouldn’t let the government or employer define whether we are a labor union or not.
  • Book chapter – No One Is Illegal – practicing solidarity unionism.
  • The risks are so high for immigrants to come to this country, often you’ll see a tremendous willingness to fight back.
  • In the current economic crisis, I think there’s a lot of opportunity for rank and file upsurges.
  • We will also see repression at this time to avoid a fundamental transformation of society
  • Organize for transformational demands – demands that spark more collective activity and also question the fundamental role of corporations in our lives.
  • In the union solidarity model, workers themselves operate and control there own campaigns.
  • A handful of shop workers on the floor who are challenging the boss, speaking out publically and a resource that other co-workers can go to. That’s a real power on the shop floor.

Guest – Daniel Gross, attorney, author and union activist. Daniel works with Brandworkers International, a New York-based not-for-profit organization powered by a global network of committed individuals, advocates, lawyers, and organizers who believe in holding corporations accountable to workers and communities.

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Law and Disorder October 27, 2008

Updates:

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Stay Issued In Case of Troy Davis

Monday, October 27 was the day set for the execution of Troy Davis. A third stay has been issued by the U.S. Court of Appeals for the 11th Circuit. A 3 judge panel ordered attorneys to draft briefs that address whether Troy Davis can meet requirements for a next round of appeals. Attorneys have 15 days to file briefs.

Two weeks ago the Supreme Court refused to hear Troy Davis’ death penalty appeal, despite broad out pouring of support from former President Jimmy Carter, the European Parliament, Archbishop Desmond Tutu, to Jessie Jackson Jr. and this list goes on.

Lawyers Launch New Appeal Effort

Guest – Jessie Cohn with the Death Penalty Abolition Campaign Amnesty International USA

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Former Chicago Police Commander Jon Burge Arrested

Former Chicago Police Commander Jon Burge was arrested last week near Tampa Florida on charges of obstruction of justice and perjury. The sixty year old retiree was picked up in his Apollo Beach home for allegedly lying about whether he tortured suspects in Chicago decades ago. According to People’s Law Office Attorney Flint Taylor, torture techniques included electric shocks and dry submarino, (suffocating with bags)

Under Seventh Circuit law if there’s a conspiracy to cover up the evidence in a civil case to show fraud then you can bring the case again. The People’s Law Office brought the case in 2005 and the city of Chicago refused to settle the case while pumping hundreds of thousands of dollars in that case. Flint Taylor says the city has spent over the 10 million dollars in aiding the defense of Commander Jon Burge.

Guest – G. Flint Taylor, attorney at the Peoples Law Office.Taylor, a graduate of Brown University and Northwestern University School of Law and a founding partner of the People’s Law Office.

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Luis Posada Carriles: A Tribunal

We hear the last of the speeches from this tribunal. Brian Becker, Director, A.N.S.W.E.R. Coalition.

From the New York Daily News: “It took years, but he is finally going to be charged in the U.S. for his crimes – even if only symbolically. It will occur here, in New York, when a tribunal composed of scholars and human rights activists take up the case of international terrorist Luis Posada Carriles, a man who is responsible for a long list of murderous attacks.

Posada, though, is a very lucky man. Despite his dark history, Posada remains free to roam Miami’s sunny streets and happily lives at home with his family. His rap sheet is long and deadly.  A convicted terrorist in two countries – he escaped Venezuela and was pardoned in Panama – Posada is considered the mastermind behind the 1976 bombing of Cubana Airlines Fight 455, which killed the 73 passengers on board, including the Cuban national fencing team. He is believed responsible for a string of hotel bombings in Cuba, resulting in the death of Italian tourist Fabio diCelmo. But these are only two examples of his treachery. Posada later boasted about the diCelmo killing in a New York Times interview, which should give everybody a clear idea of what kind of person this man is.

Inexplicably, the Justice Department has refused to classify the former CIA operative as a terrorist. The reason may have to be found in Posada’s long and extensive ties with the CIA and several other nation’s intelligence agencies.”

Law and Disorder September 8, 2008

Updates:

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Law and Disorder RNC Street Coverage: Audio Document

Heidi Boghosian, Law and Disorder co-host and Executive Director of the National Lawyers Guild took to the streets of St. Paul Minnesota with producer Geoff Brady during the Republican National Convention. We bring you the voices and sounds of protesters, demonstrations, and interviews with legal observers, lead activists and lawyers. We begin this audio document with attorney Bruce Nestor, president of the Minnesota Chapter of the National Lawyers Guild. Amid this heavily militarized area of St. Paul, Bruce Nestor describes how riot police use minivans as quick, efficient transport and the trapping of protesters on a bridge.

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Just blocks from the Xcel Center, Heidi catches up with local activists and independent journalists who describe first hand accounts of police confrontations. A local journalist named Nick tells of the launching of paint and flash-bang grenades, the arrests and detainment of journalists and unwarranted use of pepper spray and tasers. On 4pm on Tuesday, marchers rally at Mears Park for the scheduled Poor Peoples March. There we spoke with a New York videographer named Dan, he described the pre-convention raids on I-Witness Video and more accounts of excessive police force. Below is a photo of the pre-convention raids from their website.

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National Lawyers Guild attorney Bruce Nestor provides a chronology of events beginning with legal details involving the pre-convention raids on convergence centers. He also analyzes the overall impact of free speech when various factors come together. 1) Demonizing protesters and their message. 2) This allows use of military force by police. 3) Intelligence gathering and targeting lead organizers of alternative press. Combined, these tactics squelch the voice of dissent in all age groups and keep people from exercising their first amendment rights.

Below: Scenes gathered from the streets of St. Paul during the Republican National Convention 2008

Law and Disorder August 11, 2008

Updates:

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Jet Propulsion Engineers Win Injunction Over “Unconstitutional” Background Checks

Last year, twenty-eight senior scientists and engineers at Jet Propulsion Laboratory challenged the United States government and the California Institute of Technology in a lawsuit claiming that NASA’s new background investigations were unconstitutional. The scientists include members of the Mars Rover program are fighting Homeland Security Presidential Directive 12 or (HSPD-12). This directive requires all federal employees and contractors to “voluntarily” sign a form allowing the government the right to investigate them “without limit” for two years- even if they leave government work during that time. NASA and Caltech employees were told, non-compliance will result in immediate termination.

In the interview Bob Nelson describes the drama in a Ninth Circuit Court decision: the Ninth Circuit Court of Appeals issued a temporary injunction at 4:40pm. The same day around 5pm, JPL managers were approaching the several hundred JPL employees who were non-compliant and reading them an order saying if you don’t comply by Monday, we will advertise your job. You have until 5pm today to decide.

A few minutes before 5pm Bob Nelson brought in a faxed copy of the order by the Ninth Circuit Court judge and told JPL managers that what they’ve done may be illegal, if you have a problem, consult your lawyer. The Ninth Circuit ruled that NASA and the DOJ were out of order and that Caltech was in the wrong for serving as an enforcer.

The lawsuit caused a lot of interest within Caltech alumni who then wrote to the board of trustees and later began to fund the lawsuit. Nelson says, “You can fight the system of a completely entrenched bureacracy that constantly rewrites the rule in their favor.”

Guest – Robert Nelson, Senior Research Scientist at Jet Propulsion Laboratories and lead plaintiff in the JPL case.

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H.Bruce Franklin – War Stars: The Super Weapon and The American Imagination

Today we welcome cultural historian H Bruce Franklin, author of many books including The Most Important Fish In The Sea and one we will talk with him today titled War Stars: The Superweapon and The American Imagination. One review writes “this book reveals how and why the American quest for the ultimate defensive weapon, guaranteed to end all war and bring universal triumph to American ideals has led to the creation of forces increasingly capable of automated global annihilation.”

H.B. Franklin Interview Notes:

Franklin explores the influences of the collective imagination in movies, novels and stories from obscure pre-World War I fiction to modern classics such as Slaughterhouse Five and Dr. Strangelove. War Stars interweaves culture, science, technology and history to demonstrate how the American consciousness shapes ingenious new superweapons while creating its antithesis in art.

Guest – Bruce Franklin,  American cultural historian who has authored or edited nineteen books on a range of subjects. As of 2008, he is the John Cotton Dana Professor of English and American Studies at Rutgers University in Newark, New Jersey. He first attained prominence as a Melville scholar and has served as president of the Melville Society. His award-winning books and teaching on science fiction played a major role in establishing academic study of the genre. His books on American prison literature have been said to open an entirely new field of study. His most recent work has focused on relations between the marine environment and American cultural history.

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Law and Disorder June 23, 2008

Updates:

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Brecht ForumCitizen Soldier and Anti War GI’s

We hear excerpts from speeches at the Brecht Forum by our own Michael Smith and Citizen Soldier’s Tod Ensign. The anti-war soldier panel started with Michael Smith describing his work defending anti-war GI’s at Ft. Jackson, South Carolina and the formation of the GI Civil Liberties Defense Committee.

Anti-war GI’s were pivotal to the movement’s success. The growing protests from within the U.S. military today echo the Vietnam War soldiers experience. The panel discusses the role of anti-war GI organizing in the anti-war movements from 1917 to 1968 and to the present.

Tod Ensign is also the co-coordinator of the Different Drummer Café at Fort Drum. A meeting place for soldiers who get immediately deployed to battle after training at Fort Drum. The cafe promotes the free and uncensored exchange of ideas and information among active duty and reserve military personnel and civilians. This includes, issues of war and peace, foreign policy, the military mission of our soldiers both at home and abroad, and the proper balance between the rights of citizen soldiers and military authority in a democratic society.


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World Day in Support of Victims of Torture: Left Forum 2008 – Torture and the Decline of the American Empire. Professor Alfred McCoy Part I

There are several significant events surrounding the US policy on torture taking place this week. Already last week, the US Senate Committee on Armed Services held hearings on the origins of aggressive interrogation techniques. Among the events this week is the fifth session of the United Nations Committee against Torture, Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Geneva.

Amnesty International releases a report on torture and unfair trials in Tunisia’s war on terror, Amnesty International’s Guantanamo prison cell replica opens to the public in Washington, DC, through Sunday, June 29 and there is also the World Day in Support of Victims of Torture.

Professor Al McCoy, author of A Question of Torture, delivers a powerful speech on the history of torture in the United States. This is from this year’s Left Forum on a panel titled, Torture and the Decline of the American Empire. Moderated by our own Michael Steven Smith.

Law and Disorder June 9, 2008

Updates:

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The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction

It was April 13, 1873 in Louisiana when a small army of white ex-Confederate soldiers enraged by freedmen asserting their new rights killed more than 60 African Americans who had occupied a courthouse. Today we talk with author and journalist Charles Lane. His recent book is titled The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction. In the book, Lane uncovers a nearly forgotten historic post civil war massacre of African American men in Colfax, Louisiana and a white lawyer’s epic battle to bring the perpetrators to justice. Reviews call Lane’s book an electrifying piece of historical detective work that captures a gallery of characters from presidents to townspeople and re-creates the bloody days of Reconstruction. Lane discovered the Colfax Massacre case while covering the Supreme Court for The Washington Post.

Guest – Charles Lane, member of the editorial page staff, is the author of “The Day Freedom Died: The Colfax Massacre, the Supreme Court and the Betrayal of Reconstruction.”

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Ann Ginger : Meiklejohn Civil Liberties

Today we’re delighted to have Ann Ginger on the program, she’s a lawyer, teacher, writer, and political activist. She is the founder and the executive director of the Meiklejohn Civil Liberties, a think tank for human rights in Berkeley California. Here on Law and Disorder we’ve examine the practices and laws that have crippled civil and human rights in this country and now we take a look at ways law students and legal workers can bring them back.

Ann Ginger at Meiklejohn Civil Liberties has published Four Little Orange Books. The first is titled: Landmark Cases left Out of your Textbooks, the second is The Living Constitution, the third, Undoing The Bush/Cheney Legacy – Restoring Lost Liberties: A Tool Kit For Congress and fourth, Making the Universal Declaration the Supreme Law of the Land. Ann writes – the roles of successful lawyers and legal workers in the future will not be the same as the roles of successful lawyers before the Bush-Cheney “war on terrorism. “

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Guest – Ann Ginger. Ann is Executive Director of Meiklejohn Civil Liberties Institute, a center for peace law and human rights, with archives of historic cases. Founded in 1965, the Institute answers queries of clients and lawyers and trains interns to prepare reports on U.S. compliance with human rights treaties for submission to U.N. committees.

Ann learned early to use the law and history to work for peace and human rights, coming from an Irish Catholic, English Quaker, Russian Jewish, Midwestern newspaper family. As a lawyer, she won a civil liberties case in the U.S. Supreme Court. After her testimony as an expert witness on international law that applies in the U.S., a jury acquitted nuclear weapons protesters in Utah. She is now teaching Peace Law and Human Rights at San Francisco State University and long served on the Peace and Justice Commission that administers the Nuclear Free Zone Ordinance in Berkeley.