Law and Disorder January 12, 2009

Updates:

Saul Landau – Cuba 50th Anniversary

Then and now, Venezuela and Cuba, 1960_2008

Hosts talk with author and internationally known scholar Saul Landau about his recent article titled Then and Now, Venezuela and Cuba, 1960-2008 and the Cuban 50th Anniversary.
Saul Landau:

  • It’s almost a miracle the revolution in Cuba survived 50 years, considering the United States was determined to destroy it.
  • In light of all that the Cuban revolution emerges as something miraculous.
  • One looks at Cuba today, one finds lots of despair, especially after 3 brutal hurricanes.
  • You see Cubans hanging out in the street in the middle of the work day, drinking beer, not exactly a sign of high spirited socialist morality.
  • Some are plotting to go to Florida, where they still think there’s some paradise waiting for them. Some do succeed, cleaning the toilets at the Miami airport.
  • I kept saying to myself, if someone came over from Europe to the United States in 1862, they would say “Oh, this place had so much promise.”
  • I see the Cuban Revolution as a total success, in the sense it achieved all of its goals and then some.
  • When I first went to Cuba, I was 24 at the time, the kids were running ministries and it was creative anarchy.
  • Pre – Bay of Pigs: Cuba survived so many US based sabotages, terrorist attacks were launched from the United States.
  • Some were assassination attempts on Fidel Castro, some were attempts to burn down Cuban installations.
  • Fidel set out the goals of the Cuban Revolution that were established in the 1860s with the first war of Cuban Independence against Spain.
  • Which meant not taking crap from the United States. However, anyone who defied the United States was removed from office by the Marines, or overthrown by a coup backed by the US.
  • Removed from office in Domican Republican in 1965, Removed from office in Brasil in 1964, Ghiannah, the coup in Chile.
  • Here Fidel stands for Cuban sovereignty which means disobedience.
  • Today Cuba has 70 thousand doctors. 20 thousand in Venezuela, plus Cubans were actors on the world stage.
  • Cuban soldiers helping stop apartheid in Southern Angola in 1986-87, and paved the way for independence in Angola and the release of Nelson Mandela.
  • The Cuban Revolution WAS successful. Now, there are many professionals, such as engineers and doctors working as cab drivers or making pizza. The salary and wage structure are not just.
  • When the Soviet Union collapsed, the Cuban economy tanked and Cubans were on their own. They’ve buying and selling illegally, which in the last 18 years, has had a corrosive effect. Each Cuban has had to have some sort of hustle in order to get along. Cuba must begin to make reforms now.
  • Upsides: They can’t get evicted or homes foreclosed on them/ Access to the best medical care.
  • A gerontocracy has been running Cuba for security reasons and they have to hand the car keys over to their middle aged kids.
  • You have no right to practice opposition politics. Which is a minus. When you have highly educated people without access to the internet, creativity and productivity suffers.
  • Ironically, the US and Cuba military have had good relations.
  • Once the travel ban and embargo is dropped, and a million Americans come pouring in with fat wallets, the state has basically lost control of the economy.
  • If they can’t trust the citizens to back up the system that has given them these rights, the right to housing, jobs, education, medical care etc.
  • The counter-revolution was exported to Florida, (Republican Cubans – Miami) that’s where they are.
  • Obama Administration – look for travel ban lifted for Cuban Americans. For the first time the President of the United States will owe nothing to the Cubans in Miami.
  • Raul Castro has offered a swap of prisoners with new president
  • Monroe Doctrine Funeral : Established 1823, written by John Quincy Adams, essentially saying that European colonial powers should stay out of Latin America

GuestSaul Landau, an internationally known scholar, author, commentator, and filmmaker on foreign and domestic policy issues. Landau’s most widely praised achievements are the over forty films he has produced on social, political and historical issues, and worldwide human rights. Landau has written over ten books, short stories and poems. His films include: Fidel, 1968 /Cuba and Fidel 1974, / The Uncompromising Revolution, 1990. To order films send email to RoundWorldProductions at gmail.com

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RNC 8: Terrorism Charges Filed, Free Speech Chilled

Eight alleged leaders of the Republican National Convention protest organization called the RNC Welcoming Committee have been charged under the 2002 Minnesota Patriot Act with Conspiracy to Riot in Furtherance of Terrorism. The RNC 8, may each face up to 7 and a half years in prison for their alleged roles in the RNC protest activities. The charges against the RNC 8 follow a year’s worth of investigation by the Ramsey County Sheriff’s Department with coordination of state and federal agencies that had infiltrated and collected information on the group.

The RNC 8 are Monica Bicking, Eryn Trimmer, Luce Guillen Givins, Erik Oseland, Nathanael Secor, Robert Czernik, Garrett Fitzgerald, and Max Spector

According to Bruce Nestor, Minnesota Chapter president of the National Lawyers Guild, police did not find evidence of bomb making materials during the raids only common household items such as paint and computers. The National Lawyers Guild also mentions that police used paid informants that alleged the protesters intended to sabotage airports.

  • RNC Welcoming Committee: anti-authoritarian anarchist group. It is an open, public organization with a website and press releases.
  • Originally charged with conspiracy to riot in furtherance of terrorism.
  • Now, the Ramsey County attorney Susan Gertner in St. Paul Minnesota has added 3 more charges.
  1. Conspiracy to riot in furtherance of terrorism, second degree.
  2. Conspiracy to damage property in furtherance of terrorism.
  3. Conspiracy to damage property criminal charge.
  • With these charges the RNC 8 could get 20 years each under Minnesota patriot act style statute.
  • Includes property damage as an act of terrorism /some plate glass windows broken, some police cars damaged.
  • No property damaged occurred before the RNC 8 were arrested. Evidence Project – National Lawyers Guild

Guest – Gena Berglund with the Minnesota chapter of the National Lawyers Guild.

Harpers Magazine Panel: Justice After Bush: Prosecuting an Outlaw Administration

We hear from Elizabeth Holtzman, Author of The Impeachment of George W. Bush. The panelists at the event discussed methods available to a democracy to prosecute high officials in the Bush Administration and responded to Scott Horton’s Harper’s Magazine cover story called “Justice After Bush: Prosecuting an Outlaw Administration.”

Elizabeth Holtzman:

  • When the president takes the oath of office, treaties are the law of the land.
  • The president is responsible for carrying out the Geneva conventions.
  • The idea to torture in order to get information is not accurate. As a prosecutor, we handle murders, rapes, robberies, everyday in New York City and around this country.
  • We don’t get the information to solve these crimes by beating it out of people, we do it through smart detective work and we do it through careful investigation.
  • The idea that we can handle local crimes without torture or crimes of war is nonsensical .
  • It’s important for us not to get into this trap of the ticking clock. When you’re dealing with a serial rapists or murderer you got a ticking clock too.
  • We manage to deal with that everyday without torturing people in this country.
  • Impeachment: A person can be impeached after he or she has left office.
  • Statute: The Anti-Torture Act, it is a convention against torture making it a US crime. Which makes torture a felony prosecutable in the USA.
  • If death results from torture, there’s a death penalty, which means there is not statute of limitations.
  • Which means that somewhere down the line as long as these people are alive, they can be prosecuted and brought to justice.
  • The War Crimes Act of 1996, which makes it a federal crime to deal in a cruel and inhuman way with detainees. This can be prosecuted in federal courts.
  • So, whether “water boarding” is torture or not, is irrelevant under the War Crimes Act.
  • That’s why Alberto Gonzales, wanted to opt out of the Geneva Conventions with respect to the members of Al-Quaeda.
  • A little problem: The Supreme Court in the summer of 2006 ruled: the Geneva Convention applies to all US detainees. War Crimes Act liability.
  • While passing the Military Commissions Act, they also slipped in that the War Crimes Act would be in effect retroactively.
  • We need to restore the War Crimes Act because it has no statute of limitations. Restore as it was before October 2006, That will allow us no matter what to bring the prosecutions that need to be brought.

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Law and Disorder January 5, 2009

Israel Attacks: Discussion with Author Joel Kovel and Guild Attorney Audrey Bomse

Last week Israel launched what has been described as one of the bloodiest attacks on Palestinians in Gaza since 1948. Protesters demonstrated worldwide as Israeli air strikes continued. Nearly 400 Palestinians have been killed and thousands injured from the bombing campaign. Targets of the strike include a Hamas building and an Islamic university. Gaza is approximately 146 square miles with a population density of 1.5 million, 2/3 of whom are refugees.  Israel Lets Palestinians Flee; UN Warns of Crisis.

Guest – Author Joel Kovel, politician, academic, and eco-socialist. He has lectured in psychiatry, anthropology, political science and communication studies. He has published many books including the controversial Overcoming Zionism: Creating a Single Democratic State in Israel/Palestine.

Guest – Audrey Bomse, a Lawyers Guild attorney working with the Palestinian Human Rights Monitoring Group. Audrey has used her 25 years of civil rights legal experience to help establish training programs for attorneys representing prisoners in Israeli military courts and to produce ground_breaking public documents, such as a report published in conjunction with the Mandela Institute for Human Rights on the status of Palestinian prisoners. Audrey was also recently detained at Israel’s Ben Gurion Airport for 4 days.

Joel Kovel:

  • The Israeli invasion has been going on for 110 years.
  • People have been mystified because of the power of the propaganda system.
  • Zionism predates it Israel nearly 50 years, and is the driving force to remove non-Jewish from historic Palestine.
  • The logic of the force of Zionism, moves back to the early settlers who were not armed, and relied on devious means and foreign powers. = Terror Strategy
  • Balfour Declaration – To gather patrons for Israel. The US is the mega-patron.
  • In 1937 when there was a great Arab uprising, the Peel Commission decided on partitioning the state into Arab/Muslim and Jewish/Zionist.
  • There was consternation because the Zionists wanted the whole thing. Ben Gurion at the time, said don’t worry, once we get a state, we will continue the process of acquiring the whole thing.
  • Ilan Pappe, author of The Ethnic Cleansing of Palestine
  • Unless you see it as a long range project, you’re going to be lost, with the notions of let’s have a cease fire or let the sides get together, negotiate.
  • You can’t conceive that the Israelis will negotiate in good faith once you realize how embedded this drive to eliminate everything non-jewish from Palestine.
  • So eventually, you have a concentration of a million and a half people in this very small part of southwestern Israel.
  • Then you have a democratically elected Hamas, elected because it was militant, it wouldn’t go along.
  • These 1.5 million people are now led by a group of people that can’t be bought off.
  • The U.S. not only provide Israel with the F16s, helicopters and cluster bombs, but also impunity.
  • This impunity includes the media, Hollywood, and universities.
  • A great conservative political philosopher said, “in a society, power consists of the capacity to give names and enforce definitions.”
  • Encouraging, boycott, divestment and sanction. Human Rights organizations release dependence on Israeli based funding. Human Rights groups do not condemn the occupation.
  • The apparatus is woven through the society, not that it can’t be dealt with, but it must be dealt with in the manner of which it exists.

Audrey Bomse:

  • Since the Hamas election in August 2007, there’s been a closure that’s getting tighter, first when Hamas took over,with the support of the quartet, the UN, the US, the EU and Russia.
  • They started cutting travel in and out of Gaza, and cutting the basic necessities out of Gaza.
  • This type of abuse was permitted by the world community.
  • Special Rappateur Richard Falk called the abuse a crime against humanity.
  • I see the cease fire as ending in November, not December. When Israel provoked a Hamas reaction.
  • Israel investigated tunnels out of Gaza during cease fire, killed 6 Hamas militants.
  • Hamas reacted with a flurry of rockets sent in to Israel. By the December 9 cease fire,
  • More rockets came from Gaza and Israel was able to portray itself as the victim.
  • I’m not supporting sending rockets into civilian areas, this is the inevitable situation Gaza is placed in.
  • They have to accept the circumstances or resist in anyway they can, which they do, and Israel uses that as an excuse to escalate, which they’re doing now.
  • I was involved with the Free Gaza Movement on the boat to Gaza, before the recent attacks. We brought in 5 tons of medical supplies and Palestinian doctors.
  • Very limited food, no milk available, there’s just enough food brought in to prevent massive starvation and widespread disease. I want to emphasize that this is a man-made catastrophe, its the consequence of a political policy.

Amnesty International USA: Gaza By The Numbers

Zahir Janmohamed, Advocacy Director with Amnesty International USA of the Middle East has posted a powerful article on the Amnesty International USA blog, where he’s documented the tremendous humanitarian catastrophe that the Israeli blockade has caused for the people in Gaza.

Zahir Janomohamed:

  • Price of food: Palestinian families in Gaza spend 37 percent of their income on food in 2004, in 2007, households spent 62 percent on food.
  • Prices of wheat rose 34 percent in a period of 2 months in 2008.
  • Richard Falk called the Gaza occupation a crime against humanity before the bombings.
  • In my mind the assault on Gaza was going on all of 2007 and 2008. Hospitals don’t have electricity, students dropping out of school because there are no textbooks.
  • For Israel to commit these attacks on this population at this time, it’s like attacking New Orleans during Katrina’s aftermath.
  • Gaza is basically a prison. They eat and move based on factors outside of their control.
  • Amnesty Report of March 2008 – Gaza Strip: A Humanitarian Implosion.
  • International law stipulates that these attacks be done so that civilian targets are severely avoided.
  • This is not possible in Gaza. To my mind, Israel broke the cease fire agreement, in early December, there were tons of supplies headed to Gaza from Libya that were blocked.
  • Number of Israelis killed by rocket fire in 2008 . . 11 , Nearly 400 Palestinians killed in seconds.
  • Israel has sort of carte blanche by the international community. Israel: If you test us, we’ll engage in collective punishment.
  • US supplies bunker buster bombs, approved by Congress in September 2008
  • The US policy on Israel is whatever Israel wants to do it can do.

Guest – Zahir Janmohamed, Advocacy Director with Amnesty International USA of the Middle East. Zahir is also the associate editor of altmuslim since 2004, works as the advocacy director for Middle East Programs at Amnesty International USA, and is the co-founder of the Qunoot Foundation, a Washington DC non-profit that seeks to promote socio-political education within the Muslim community.

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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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