Law and Disorder October 28, 2024

Special Report: Global Threats To Freedom Of Expression Arising From Gaza Conflict

On top of the devastating humanitarian crisis and the issues of genocide and violations of human rights in Gaza and the West Bank, there has been an unprecedented attack on freedom of the press and freedom of expression globally prompted by that war.

In August, Irene Khan the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression issued an alarming report examining the impact of the conflict in Gaza on freedom of expression throughout the world. The report highlighted “attacks on journalists and media restrictions, endangering access to information about the conflict globally; suppression of protests and dissent and undermining of academic and artistic freedoms in polarized political environment; and restrictions on legitimate political expression in the name of fighting terrorism and antisemitism.”

The Special Rapporteur assessed the compliance of States, social media companies and other private actors with international human rights standards, online and offline, and she found “an extensive pattern of unlawful, discriminatory and disproportionate restrictions on advocacy for the rights of Palestinian people.”

The report emphasized “the importance of freedom of opinion and expression – enjoyed on an equal basis by all sides – as an invaluable tool for fighting hate and encouraging mutual respect and dialogue.” Based on her detailed findings, the Special Rapporteur called on States, social media companies and other private actors to reject double standards on human rights and made concrete recommendations for them to uphold the right to freedom of opinion and expression equally for all.

Guest – Irene Khan, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Appointed on August 1, 2020, Ms Khan is the first woman to hold this position since the establishment of the mandate in 1993. UN Special Rapporteurs are independent human rights experts with a mandate to report and advise on human rights from a thematic perspective. As part of her role, Ms Khan conducts country visits, acts on individual cases and sends official communications to governments, and presents thematic reports to the UN General Assembly.

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A History Of Anti-Black Racism

National chauvinism and racism are essential features of fascism. The practice of white racism in the United States during the Jim Crow era was something that Hitler’s party in Germany studied and emulated. This kind of anti-black racism went on in the United States from shortly after the Civil War up until the 1960s. It has never really gone away as the mass mobilizations of the Black Lives Matter movement has recently demonstrated. This Black resistance, this fight back, will be a central aspect of anti-fascist activity in the future.

Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and his new book published last month We Charge Genocide: American Ashes and the Rule of Law.

 

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Law and Disorder September 9, 2024

 

September 11, 2001: Lessons Learned And Overlooked

It has been 23 years ago this week since the attacks on September 11, 2001 in New York City, the Pentagon, and Shanksville, PA, killing nearly 3,000 people and injuring more than 6,000. On that day, the United States had a choice: The George W Bush administration could have treated the attacks as a violation of US and international law, launched a criminal investigation, and brought the perpetrators to justice in accordance with the rule of law. Instead, President Bush waged endless wars against Afghanistan and Iraq, pushed through Congress the USA Patriot Act, opened the notorious detention center at Guantanamo Bay which remain to this day, rounded up Muslims and South Asians for indefinite detention, initiated a wave of civil liberties and human rights violations, and committed wholesale torture against detainees and others.

To assess the legacy of 9/11 and the lessons learned and the lessons overlooked, we’ve invited someone who was at the center of Bush’s War on Terror. John Kiriakou is a journalist, former CIA counterterrorism officer, former senior investigator for the Senate Foreign Relations Committee, and former counterterrorism consultant for ABC News.

In 2007, Kiriakou blew the whistle on the CIA’s torture program, telling ABC News that the CIA tortured prisoners, that torture was official U.S. government policy, and that the policy had been approved by President George W. Bush. He knew what he was talking about. In 2002, he was responsible for the capture in Pakistan of Abu Zubaydah, then believed to be the third-ranking official in al-Qaeda.

He became the sixth whistleblower indicted by the Obama administration under the Espionage Act of 1917 — a law designed to punish spies. He served 23 months in prison as a result of his revelations.

In 2012, the Ralph Nader family honored Kiriakou with the Joe A. Callaway Award for Civic Courage, an award given to individuals who “advance truth and justice despite the personal risk it creates.” He won the PEN Center USA’s prestigious First Amendment Award in 2015, the first Blueprint International Whistleblowing Prize for Bravery and Integrity in the Public Interest in 2016, and also in 2016 the Sam Adams Award for Integrity in Intelligence, given by retired CIA, FBI, and NSA officers.

Guest – John Kiriakou is the author of eight books, including The Reluctant Spy: My Secret Life in the CIA’s War on Terror; and The CIA Insider’s Guide to the Iran Crisis. I met John in 2017 and we collaborated on companion reviews or the Los Angeles Review of Books of the book with the euphemisitic title Enhanced Interrogation written by James E. Mitchell and Bill Harlow, the architects of the American torture system.

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COP 29 Held In Azerbaijan Dictatorship

This year the UN Climate Conference — known as COP29 — will be hosted by the petrol-dictatorship of Azerbaijan. As COP29 delegates prepare to attend talks in Baku, the international community has a chance to shine a spotlight on Azerbaijan’s abysmal human rights record, notably the blockade and ethnic cleansing of Nagorno-Karabakh’s (Artsakh’s) Armenian population last year, and amid the government’s escalating domestic crackdown on freedom of speech, assembly and the press.

Ironically, Azerbaijan’s dictator Ilham Aliyev allocated $1 million to the UN Human Settlements Program, one day before a UN mission visited the Artsakh region who reported ‘no irregularities’ despite the territory being depopulated by Azerbaijan’s military invasion.

As one of the world’s top environmental and fossil fuel polluters, during its invasion of Nagorno-Karabakh, Azerbaijan used the outlawed, lethal and environmentally hazardous White Phosphorus as a chemical weapon on the native Armenian population and their highly forested environment. In that fatal siege, which liquidated all native Armenians, the Azeri government-sponsored blockaders posed as climate activists, while punishing true protesters of lethal pollution, in Azerbaijan, especially journalists and activists in advance of COP29.

Guest – Karnig Kerkonian, one of 23 legal advisors representing the Republic of Armenia at the ICJ (International Court of Justice) in 2021. Karnig’s team presented their case against Azerbaijan, calling on the Tribunal to take provisional measures “as a matter of extreme urgency” to “protect and preserve Armenia’s rights and the rights of Armenians from further harm.” Azerbaijan has ignored the ICJ’s November 2023 ruling to “take all necessary measures to prevent and punish acts of vandalism and desecration affecting Armenian cultural heritage, including but not limited to churches and other places of worship, monuments, landmarks, cemeteries and artifacts.” Attorney Kerkonian has also represented the Armenian community of Old Jerusalem in recent Israeli settler incursions upon the Armenian Quarter.

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Law and Disorder September 2, 2024

Present Danger Of Fascism In The United States

The rise of Donald Trump and his MAGA supporters has transformed American politics, perhaps more than anything else has since the gathering of forces of the rebellious slave owners in the south, a century and a half ago. His first four years in office were chaotic, uninformed programmatically, and not animated by any kind of cadre of capable administrators. It was, instead, full of his statements and actions that many critics deemed to be racist, sexist and Xenophobic.

He lost the election in 2020, although he received 74 million votes! As he runs for the Presidency again, this time he is talking rather openly about wanting dictatorial authority, if he is elected again.

And this time if he does win, he now has the aid of the right-wing Heritage Foundation, which has produced the 900-page “Project for 2025” document on how to radically change our country so as to make it far, far more conservative, providing far fewer rights to the American people, and allowing any president so inclined, to run the country as an authoritarian, a virtual dictator. He has an authoritarian right wing Supreme Court, which in its latest decision, aptly named “Donald Trump versus the United States of America,” has given the presidency carte blanche immunity, placing the president above the law, allowing the president to do almost anything he or she wants to do, as long as it’s deemed to be “an official presidential act”.

Today’s program is the lead off to a series of shows on fascism, how to resist it, and how to defend against it. I will be conducting this series with my co-host, Michael Smith, who cannot be with us today due to illness.

Guest – Chris Hedges, the journalist and author spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class.

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Guantanamo Bay Prison: 30 Suspects Remain

Once a front-page story, the U.S. prison on Guantanamo Bay is seldom in the news these days or, apparently, on the minds of the American people. But it certainly should be. Because the history and on-going operation of Guantanamo Bay Prison, or “GITMO” as it is often called, exposes the lie behind our claim to be a nation governed by the “rule of law”. Condemned by Human Rights Watch, Amnesty International, and many other such groups, it is a permanent stain on the character of the American people.

Since 2002, at the height of its operation, close to 800 captives from many different Muslim nations were held there under tortuous conditions as “suspects” rather than being classified as “prisoners of war”, which they clearly were, and accorded all of the rights they were entitled to as prisoners of war. The youngest was 13 years old! In fact, 21 of the detainees were children. All of the detainees were subjected to barbaric forms of torture. Some committed suicides. Hundreds were convicted in sham trials and in illegitimate military tribunals. Many, if not most suspects, clearly bore no responsibility for combat operations in the Muslim nations where we were waging war.

Today, about 30 suspects remain in the U.S. prison on Guantanamo Bay. Sixteen are “cleared for release”, but it has not yet been made clear to what country they can be released. Three have not been charged, nor have they been cleared for release. And nobody can reasonably predict when, if ever, they will be freed. And in the latest shameful twist, Defense Secretary Lloyd Austin has now upended a plea deal for the three prisoners accused of plotting the 9/11 attacks. It would have allowed the men to plead guilty and be sentenced to life in prison…and instead, given Austin’s intervention, they will now face the death penalty if they are tried and convicted.

Clearly, GITMO is a consequence of America’s imperialist wars in Muslim countries, wars for those Muslim countries’ oil, and for geopolitical gain. Of course, over the many years of these wars, U.S. presidents have repeatedly claimed that we are not at war with Islam. Well, tell that to the families of the millions of dead and wounded Muslims our bombing and invasion of Iraq and Afghanistan caused; tell it to the thousands of Muslims forbidden to enter America through travel bans; tell it to the countless numbers of Muslim citizens and residents of America, who’ve been discriminated against at work or in public; tell it to the Muslim children attacked on their way to school and called “terrorists;” or, tell it to the Muslim worshipers whose mosques have been infiltrated by government spies.

And…for that matter… tell it, as well, to the Palestinian Muslims. Because America’s desire for Mideast oil is also a big reason why Israel exists in the Middle East. A big reason why the United States has partnered with it in its war on the Palestinian people, and why we’ve sent billions in military aid to Israel over the years to keep Israel secure in its role as our “advanced military force” in the oil rich Middle East.

Guest – Shane Kadidal, a Senior Managing Attorney of the Guantanamo Project, at the famed Center for Constitutional Rights in New York, where he has worked on several significant cases arising in the wake of 9/11, including the Center’s legal challenges to the indefinite detention of men at Guantanamo.

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Law and Disorder June 17, 2024

Defense for Children International – Palestine v. Biden

There are defendants in a lawsuit brought in the northern district of California called Defense for Children International– Palestine v. Biden. The plaintiffs are represented by the Center for Constitutional Rights and attorney Marc Vander Hout. We’re going to talk about this lawsuit against President Biden, Secretary of State Blinken, and Secretary of Defense Austin. This lawsuit follows a January 2024 historic hearing that included testimony from some Palestinian plaintiffs and witnesses to the scale of destruction in Gaza and its impact on their families and communities.

Last week, a federal trial court in northern California found that Israel’s assault and siege of the Palestinian people in Gaza, possibly constituted genocide and implored the Biden administration to explain its “unflagging support“ for Israel. Notwithstanding these findings, the court denied the Center for Constitutional Rights‘ preliminary injunction motion and granted the government’s motion to dismiss the case on the grounds that it lacked jurisdiction over the administration of foreign relations.
The CCR appealed the decision. The appeal was argued on June 10, 2024.

Guest – Attorney Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights . Her areas of legal expertise include matters of torture, war crimes and militarism. Among her many major cases is the case titled, Situation of Afghanistan at the International Criminal Court; and the case titled, Survivors Network of those Abused by Priests-v-Vatican. Prior to her work at the CCR, she worked at the United Nations International Criminal Tribunal for the former Yugoslavia.

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A Century Of Repression: The Espionage Act And Freedom Of The Press

These are dire times for freedom of speech around the world. According to a recently-released report, more than half of the world’s population now lives in countries that are in a state of “crisis” regarding freedom of speech. This is occurring during a year that has been marred by attacks on investigative journalism all over the world, which we have especially seen in elections in Mexico and India, as well as in the United States.

Against this backdrop, the United States is only adding gasoline to a media-freedom fire by pursuing an ongoing prosecution and attempting to extradite WikiLeaks publisher Julian Assange under a 100-year-old US law called the Espionage Act of 1917. This prosecution threatens to set a dangerous precedent for journalists everywhere during these perilous times.

Guest – Carey Shenkman, is a constitutional lawyer and serves on a panel of experts at Columbia University’s Global Freedom of Expression Program. He is co-author, along with Ralph Engelman, of A Century Of Repression: The Espionage Act And Freedom Of The Press. Carey has recently been appointed Legal and Policy Advisor to the UN Special Rapporteur on Freedom of Expression. [Source for 50% figure – Global Expression Report, published by the London-based free speech organization ARTICLE 19] https://www.globalexpressionreport.org/

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Law and Disorder June 10, 2024

I Am Gitmo

It’s been 22 years since the United States opened its prison at the Guantanamo Bay Naval Base in Cuba. Specifically, it was four months after the September 11, 2001 attacks on the World Trade Center. And that was when we started seeing images of men and boys arriving there, bound and hooded, in orange jumpsuits, confined indefinitely without charges, legal process or trials…. And it was not long after that we began hearing reports that the US government was using torture, and even that prisoners were dying there – again, without even being charged with any crime let alone tried by any court.

The US justified its tactics as necessary to win the “War on Terror.” But UN Experts and human rights advocates globally have called for the US to close the facility due to its “unrelenting human rights violations.”

In 2009, President Obama took steps to close Guantanamo… but in 2018, Trump signed an executive order to keep it open. President Biden then came in, signaling he’d close it, but the subject has been largely ignored ever since. Today, thirty prisoners remain. Where To Watch I Am Gitmo In Theaters

Guest – Philippe Diaz, a filmmaker is shining a spotlight on the humanity of the men and boys who have lived – and some who have died – in Guantanamo. His latest film, the award-winning I Am Gitmo, is a story about a Muslim schoolteacher in Afghanistan who was accused of being involved in the September 11th attacks and imprisoned in Guantanamo Bay prison without charges or hope of being released. Philippe is not only the writer and director of I Am Gitmo, but he is also the founder of Cinema Libre Studio. CLS is a boutique film company created in 2003 with a consortium of partners to provide an alternative structure for intelligent, independent films to get developed, financed, produced and distributed.

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22 Years of Guantánamo Bay Detention Center

The notorious detention center at Guantanamo Bay is high among the most shameful steps taken during George W. Bush’s War on Terror. It remains a symbol of lawlessness and human rights abuses. In a recent letter, 17 US Senators, argued that the detention facility continues to harm U.S. national security by serving as a propaganda tool for America’s enemies and hinder counterterrorism efforts and cooperation with allies.

January 11 2024 marked the 22nd anniversary of Guantánamo’s opening. It has cost the United States $540 million each year. That’s almost a total of $12 billion and counting. There are now still 30 men remaining in detention at Guantánamo—more than half of whom have not been charged with any crime and have been approved by US national security leadership for transfer out of Guantánamo. Some of these men have been approved for transfer for years, and at least one has been approved for transfer for more than a decade, yet these 16 men have continued to languish in indefinite detention. None of the innocent detainees has ever been compensated for their wrongful detention. Sadly, Guantanamo is but one example of the forms of torture which the United States engages in and supports.

Guest – Rev. Ron Stief, an ordained minister in the United Church of Christ, who is the Executive Director of the National Religious Campaign Against Torture (NRCAT), an interfaith organization of more than 325 religious organizations committed to ending U.S.-sponsored torture. Rev. Stief sits on the Steering Committee of Shoulder to Shoulder / Standing with American Muslims Upholding American Values, co-leads the national advocacy strategy of the Washington DC Interreligious Staff Community, and is a member of the Federal Anti-Solitary Task Force which works to end solitary confinement in federal prisons, jails and immigrant detention.

 

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Law and Disorder May 6, 2024

Police, Politics And Violent Repression Against Pro-Palestine Student Protest

During the Occupy Wall Street protests of late 2011 and early 2012, the FBI treated the Occupy movement as a domestic terrorist threat. That was even though the Bureau acknowledged that organizers were calling for peaceful protests. Massive resources were deployed to track the movement, and FBI and counter-terrorism agents around the nation coordinated with local and federal law enforcement to track and gather intelligence, effectively serving as an arm for private business.

More than a decade later, college administrators are calling local armed police—some in riot gear—to arrest and in many instances brutalize hundreds of pro-Palestinian protesters in actions and encampments sweeping the nation. More than 1,000 protesters have been arrested over the last two weeks on campuses in states including Texas, Utah, Virginia, North Carolina, New Mexico, Connecticut, Louisiana, California and New Jersey. At UCLA, last week, after pro-Israel supporters carrying symbols of radical Jewish groups, not of student age, allegedly threw fireworks into a solidarity encampment, students defending the camp were attacked with stones and sticks. Yet, after an hour of violence, police standing nearby failed to intervene.

Guest – attorney Mara Verheyden-Hilliard from the Partnership for Civil Justice Fund and the Center for Protest Law and Litigation in Washington, DC. Mara is one of the nation’s leading litigators defending protesters and winning numerous reforms in police practices at mass assemblies and demonstrations.

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Legacy of Protest At Columbia University

One of the great events of the 60s is the Columbia student takeover of several key buildings on their campus in protest of the university’s complicity in the war against the Vietnamese people. The takeover was also a protest to building a gym in a public park in Harlem adjacent to Columbia University, considered to be a racist act.

The student actions at Columbia brought down a terrific repression. Hundreds of students were arrested and beaten. Our own Michael Ratner, a cofounder of Law and Disorder, and a law student at Columbia, was also beaten by the police. For Michael, there was no turning back. He went on to become one of the great movement lawyers of his generation.

Guest – anti-Vietnam war activist Eleanor Stein, like Michael, she was a student at the law school. Eleanor Stein went on to become an attorney, she is a climate change, environmental justice and human rights activist and advocate. She teaches climate change and human rights at the State University of New York, at Albany, and has just recorded a Continuing Legal Education session on this subject for the CUNY Law School. In addition, she facilitates international forums on climate change and energy. And for years, Professor Stein was an Administrative Law Judge at the NY state agency that regulates the energy industry.

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