Law and Disorder November 26, 2007

Law and Disorder Updates

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Guantanamo Update

Hosts deliver updates on a number of recent news stories about Guantanamo Bay Prison in Cuba, such as the “Camp Delta Standard Operating Procedures Manual” that was leaked recently. Download the manual here. (PDF) According to this manual the Red Cross was not allowed access to certain detainees at Guantanamo. Also among topics discussed, an Amicus Brief that was filed recently and the Supreme Court’s review of the military’s process on how prisoners are released from Guantanamo.

Guest – Shane Kadidal, senior attorney with the Center for Constitutional Rights. Check out Shane’s Blog

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Less Safe, Less Free: Why America Is Losing the War on Terror

Leading constitutional scholars David Cole and Jules Lobel have published a critique of the Bush administration’s post 9-11 policies. It’s called “Less Safe, Less Free: Why America is Losing the War on Terror.”

They point out how less than one-tenth of the detainees in Guantanamo Bay have been found to have links to Al Qaeda or the Taliban. Not one of the 80,000 Arab and Muslim men who underwent Special Registration has been convicted of terrorism-related crimes. Meanwhile, the department of homeland security continues to spend tens of millions installing surveillance camera systems in and throughout US cities.

One review of “Less Safe, Less Free: Why America is Losing the War on Terror.” writes – – “ At home and abroad, the administration has cut corners on fundamental commitments of the rule of law in the name of preventing future attacks—from “water-boarding” detainees, to disappearing suspects into secret CIA prisons, to attacking Iraq against the wishes of the UN Security Council and most of the world when it posed no imminent threat of attacking us.”

Guest – Jules Lobel, vice president of the Center for Constitutional Rights. He’s a law professor and constitutional lawyer teaching at the University of Pittsburgh. Jules Lobel is also expert on emergency powers and the laws governing war.

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A Question of Impeachment

A Question of Impeachment is the title for the Culture Project’s ongoing event series this month and into December. Authors, actors and luminaries gather to explore and debate the case for impeachment of President Bush and Vice President Cheney.

Guests – Olivia Greer, Culture Project Producer and and Allan Buchman, Creative Director at the Culture Project.

Watch – A Question of Impeachment

Law and Disorder October 29, 2007

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US Attorney General Nominee Mukasey DIRECT ACTION PAGE

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Is Water Boarding Torture? Judge Michael Mukasey’s Nomination for Attorney General

Co-hosts Michael Ratner and Michael Smith discuss how Judge Michael Mukasey claims he’s unfamiliar with “water boarding” as a form of torture.

Echoing Michael Mukasey, his friend and associate who likely will soon be the next attorney general, Republican presidential front-runner Rudolph Giuliani claimed Wednesday that he doesn’t know whether waterboarding is torture. Read more by Joe Conason

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Beyond Guantanamo: Rescue the Constitution

Michael Smith and Heidi Boghosian speak with CCR attorney Jen Nessel about the launch of Beyond Guantanamo Rescue the Constitution Campaign. Find out more here – CCRJustice.org

CCR UPDATES:

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Law and Disorder Re-Broadcast from June 11th, 2007

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Maze of Injustice – The failure to protect Indigenous Women from sexual violence in the USA

A recent Amnesty International study on the sexual violence against indigenous women in the United States exposes a disturbing trend in human rights abuse. The reasons why indigenous women are at particular risk of sexual violence are complex. According to the report, more than one in three Native American and Alaska Native women are survivors of rape. Most of the abused women have not followed through in their cases to seek justice because of a general inaction within the tribal government authority and its chronic under-resourced law enforcement agencies which should protect indigenous women. As one support worker said, “Women don’t report because it doesn’t make a difference. Why report when you are just going to be re-victimized?” Too many times, as the Amnesty Report identifies, those responsible for the violence are able to get away with it.


Guest – Michael Heflin, the Amnesty International USA Campaign Director.

Guest – Juskwa Burnett, counselor for the Otoe-Missouria Tribe in Oklahoma. Juskwa Burnett has a long history of working on domestic abuse and sexual assault of Native women.


Listen to or download Maze of Injustice Segment

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Conscientious Objectors from Vietnam to Iraq

Here on Law and Disorder we continue to look at the issue of Iraq war resisters and conscientious objectors. We’ve interviewed war resistors – their families and discussed conscientious objection. We also look at how legislation has changed for soldiers applying for CO status.

Since the Vietnam War more than 170,000 men were officially recognized as conscientious objectors. But, in 1971 the Supreme Court refused to allow objection to a particular war, a decision affecting thousands of objectors to the Vietnam War. Some 50,000–100,000 men are estimated to have left the United States to avoid being drafted. Now, the US military is all-volunteer. We talk with Citizen Soldiers’ Tod Ensign about what’s changed for Conscientious Objectors since the Vietnam War and compare what it means to be a CO in today’s United States military.

Joining us in this discussion is Tod Ensign, lawyer and the director of Citizen Soldier, a support organization for Gis.

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Check out – The Different Drummer Cafe

Law and Disorder September 17, 2007

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Lawyer’s Committee on Nuclear Policy

After the 2001 attacks on the United States, attention has been drawn to marginalize nuclear weapons and increase global cooperation on the control and non-proliferation of nuclear weapons and nuclear material. As of 2006, there are estimated to be at least 25,000 nuclear weapons held by at least eight countries, 96 percent of them in the possession of the United States and Russia

Rather than intensifying such efforts, the U.S. has adopted a policy of elevating the role of nuclear weapons in its overall military strategy. John Burroughs, Executive Director of the Lawyers’ Committee on Nuclear Policy, claims that this will reduce U.S. and global security, not increase it.

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Guest – Dr. John Burroughs, adjunct professor of law at Rutgers Law School and serves as Executive Director for the Lawyer’s Committee on Nuclear Policy. The LCNP was instrumental in bringing the landmark case before the International Court of Justice in 1995 that resulted in the advisory opinion of 1996, which stated that the threat or use of nuclear weapons is illegal.

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He is co-editor of Rule of Power or Rule of Law? An Assessment of U.S. Policies and Actions Regarding Security-Related Treaties, Apex Press, 2003. He has published articles in the Bulletin of the Atomic Scientists and the World Policy Journal, most recently co-authoring “Arms Control Abandoned: The Case of Biological Weapons.”

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University of Michigan Press Halts Distribution of Joel Kovel’s book: Overcoming Zionism, Then Later Resumes Distribution.

Co-hosts Michael Smith and Michael Ratner talk with Joel Kovel about the efforts of the University of Michigan Press to halt and then resume distribution of his book. Read article here: Michigan Resumes Distribution of Anti-Israel Book.

Excerpt from: A Book On Hold

Late last month, the blog, Dissident Veteran for Peace — printed what it says is an e-mail from Pochoda, the press director, to Kovel, explaining why distribution was halted. Pochoda declined to comment on the e-mail, but Kovel said it was accurate. The e-mail reads: “Because it is a distributed title for Pluto Press, no one at UMP had read Overcoming Zionism prior to the Stand/With/Us diatribe. I and others read it after that assault, and had fully expected to gear up for, at least, a free speech defense. Though I had no trouble with the one-state solution your book proposes nor with a Zionist critique, per se … I (and faculty members I asked to read the book, as well) were apalled [sic] by your reckless, viscious [sic], and unmodulated attack on Zionism and all Zionists.”

Related reading – Campus Watch

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Excerpt from Michael Smith’s review of Overcoming Zionism.

How did Kovel, a Jew from Brooklyn, the oldest son of Ukrainian immigrants who did well – moving with Joel to “the purgatory of Baldwin, Long Island” – come to this radical critique and equally radical solution? Joel graduated from Yale and became a successful psychiatrist. He taught at medical school before switching careers and taking a social science professorship at Bard, where for a time he held the Alger Hiss chair. He is still there, the only Marxist on the faculty. This book is not going to further his career.
“What kind of Jew am I?” he asks, and answers “a very bad one.” More accurately, he defines himself as what Isaac Deutscher called “a non-Jewish Jew.” Not that he is not spiritual; he writes of reaching for the infinite. But he is not religious. Being part of a sect is too narrowing and confining. He identifies with the Jewish heretics who transcended Jewry, but who are nonetheless part of the Jewish tradition – he lists Spinoza, Marx, Freud, Proust, Einstein, Kafka, Wittgenstein, and Luxemburg – and for whom “the true glory” of being Jewish is to live “on the margin and across boundaries.”