CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Torture, Uncategorized, War Resister
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Gina Haspel, Rule of Law And Torture
Nazi generals and Nazi leaders were prosecuted at the end of World War II for war crimes and crimes against humanity and genocide. These crimes were incorporated into international law.
The chief prosecutor was Robert Jackson, a Supreme Court judge. The Nazis defended themselves by arguing that they were just following orders. This defense was deemed unavailing. In many cases, they were found guilty and sentenced to lengthy prison terms or hung. He said that the war crimes tribunal at Nirenberg was not merely victors’ justice. But that the principles it followed would be universal and applied in the future, to all countries including the USA. And indeed, the United States signed on to the Geneva Conventions and Convention Against Torture and incorporate both the crimes and the concept of universal jurisdiction into its law.
Gina Haspel has been nominated by President Donald Trump to head the CIA. She is a war criminal. She violated both international and national law by running a black site secret detention center in Thailand where men were tortured. Although there were several court orders that the evidence be preserved, Gina Haspel had the videotapes of torture destroyed.
John Brennan, Obama’s ex head of the CIA, who was involved in the torture program, recently came to her defense, stating that she was just following orders: The Nazi defense.
Trump supports torture. He believes that torture works. This is both immoral and untrue. He says he is for waterboarding and worse. He now has a subordinate with whom he is in agreement.
Obama refused to prosecute the lawbreakers. Instead he threw CIA whistleblower John Kiriakou in prison for two years for disclosing American torture. He said we must look forward, not backward. This greenlighted what is going on now with Haspel.
Michael Ratner warned us about this eventuality. The European Center for Human and Constitutional Rights may seek Haspel’s arrest if she goes to Germany.
Such is the irony of history that the German fascist government that perpetrated the greatest crimes against humanity has been superseded by an American government which condones and is perpetuating them as well.
Guest – John Kiriakou, a former CIA agent, he is the author of Doing Time Like a Spy: How the CIA Taught Me to Survive and Thrive in Prison. He spent 15 years working for the CIA including the period following September 11 2001. The next year he was invited to be certified in enhanced interrogation techniques and said no, rightly recognizing it as sanctioned torture. He was privy to all the details of the American torture program and personally knew Gina Haspel. In 2007 when ABC News asked him to rebut charges that he tortured and Al Qaeda prisoner he went on the air and disclose details about American torture policy. For this the CIA had him tried and convicted. He spent 23 months in prison.
Guest – Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights. She works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, andSurvivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.
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The National Immigration Project And Protecting Haitian Refugees
The National Immigration Project of the National Lawyers Guild filed a lawsuit in Brooklyn on March 15 to block President Trump’s cancellation of temporary protected status which had been granted to more than 50,000 Haitian refugees because of the terrible conditions in that country since the hurricane in 2010. The National Immigration Project declared President Trump’s actions to be unlawful, racially motivated, and evidence of a complete lack of knowledge of immigration law.
The TPS program exempts from deportation people from countries in turmoil due to war, natural disasters, and other extraordinary conditions.
The suit alleges that the federal government was arbitrary and capricious in his decision to end the program and was motivated by Donald Trump’s “racial and national origin animus towards patients.” The suit cites Trump’s demeaning remarks towards Haitians and Haiti. He has said that Haitians have AIDS and Haiti is a “s&*t hole” country. The Trump administration‘s position is that protecting Haitians is no longer necessary because conditions in Haiti have improved.
Guest – National Lawyers Guild Attorney Sejal Zota is the Legal Director of the National Immigration Project of the Guild. Sejal works on issues of removal defense, post-conviction, enforcement, and immigration consequences of crimes through litigation, education, and technical assistance. Previously, Sejal taught and wrote about the impacts of immigration on state and local government at University of North Carolina’s School of Government. She also regularly trained and advised defense attorneys throughout North Carolina on the immigration consequences of crime, and is the lead author of Immigration Consequences of a Criminal Conviction in North Carolina.
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Brooklyn Folk Festival 2018
Co-host Michael Smith reminds listeners of this year’s Brooklyn Folk Festival.
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Academic Freedom, CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power, War Resister
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Victory: West Virginia Teachers’ Strike
After nine days on strike, the West Virginia governor and the state legislature caved, granting the teachers and all school staff a 5% wage increase. The pay raise also covers all state employees.
In an attempt to save face the Republicans talked about funding the pay increase by cutting social services and Medicaid. But there is no such wording in the agreement that was signed by the West Virginia Education Association and the American Federation of Teachers , the two workers organizations.
One strike supporter in West Virginia stated that “At this point the teachers and school staff have all the momentum and they can fight to make sure the funds for the raise come from the rich, not working people when the budget is eventually passed. Strikers here are ecstatic, people are literally hugging strangers, and whipping enjoy. It’s in a stark victory for the working class. Hopefully it will be the first of many to come.”
The strike was caused by decades of stagnating pay and rising health costs. 3/4 of the teachers are women.They played leading roles in the strike. West Virginia, especially its southern counties, have a history of militancy, Especially in the coal mines. Teacher job actions and walkouts spread from these very same southern counties.
The West Virginia teachers have shown Americans what it takes to win a strike. This is especially important when the anticipated Supreme Court ruling in the Janus case comes down. That ruling will likely reduce the power of public employee unions by taking away their right to collect dues.
Guest – Dale Lee is a graduate of Clinch Valley College (Wise, VA) and obtained his special education certification through the West Virginia College of Graduate Studies (WV COGS). He is completing his Master’s degree through Salem International University. A veteran teacher of 22 years, Dale’s assignment was teaching special education at Princeton Senior High School
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Law Firm Files 911 Terror Lawsuit Against Saudi Arabia
Nearly sixteen years have passed since the 911 attacks. The truth of who was behind the attacks has allegedly come out in a class action lawsuit brought by over 6500 victims and survivors. The lawsuit alleges that it was elements of the Saudi Arabian government that attacked the United States on 9/11. The Defendant in the lawsuit is Saudi Arabia. The Saudi Arabian government hired 15 public relations firms to help them deny responsibility. They hired several Washington white shoe high powered connected law firms They hid behind the law of sovereign immunity, which had to be overturned by an act of Congress in order for the lawsuit to proceed. They were helped by the US government in the cover-up by the Bush and Obama administrations.
After more than sixteen years the case is now proceeding rapidly through the Federal courts and will either be dismissed, settled or tried. The object of the lawsuit is to obtain money explained Sharon Pemboli, one of the plaintiffs and leaders of a group of women from New Jersey known as “the Jersey girls” who lobbied to win passage of the law which made the lawsuit possible. She believes that if the Saudi Arabian government is deprived of funds it will not be able to fund Al Qaeda and the extremist Wahhabi clergy responsible for supporting the terrorism of Al Qaeda.
The American public has been led to believe mistakenly that Saddam Hussein and Iraq were behind 911. The attack on Iraq was a war of aggression. At the end of World War II, the United States set up the Nuremberg trials to try Nazi war criminals. They wanted to set forth principles that were not merely “victor’s justice.“ At the Nuremberg trials the Germans were found guilty of starting a war of aggression, which was called the greatest of all crimes because it has contained within it all other crimes.
Guest – Attorney Justin Green, Justin has successfully represented families in many major aviation cases. These include airline disasters, corporate airplane and helicopter accidents, and civil airplane and helicopter accidents. His practice has also included personal injury and wrongful death cases arising from other transportation accidents.
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Lynne Stewart Anniversary 2018
Hosts remember fearless activist and attorney Lynne Stewart. Heidi reads an excerpt from Michael’s yet to be published Lawyers You’ll Like. We’ll also hear a powerful speech by Chris Hedges delivered at Lynne’s memorial.
CIA Sponsored Terror, Civil Liberties, Human Rights, NSA Spying, Political Prisoner, Surveillance, Truth to Power
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The Freedom Fast and Time’s Up Wendy’s March
Immokalee, Florida was the site of some of the most brutal human rights atrocities in the United States. One third of all the nation’s tomatoes are grown there. Since 1997, the Justice Department has prosecuted seven slavery cases in Florida, four involving tomato harvesters. More than 1,200 persons have been freed from agricultural slavery rings in Florida during the last 10 to 15 years.
Workers report brutal beatings, being shackled in chains at night, not receiving regular pay, and having to share small quarters with dozens of others in a mobile home for $200.00 a month. They work without breaks, in the beating sun for 10 to 12 hours a day, seven days a week.
In 1993 a small group of workers who had been meeting in a church founded the Coalition of Immokalee Workers. Their mission was to improve the lives of tomato pickers in Southern Florida. After years of organizing in Immokalee, the Coalition launched its first boycott of a national of a fast food company—Taco Bell—in 2001. Four years later, the company agreed to support wage increases and workplace protections for tomato pickers. Since then, food corporations, including McDonald’s, Burger King, Whole Foods, Subway, and Walmart have followed suit. Today, 14 of the world’s largest food retailers and restaurants have signed fair food agreements with the CIW.
In May the Coalition will receive the Abraham Lincoln Brigade Archives and/Puffin Award for Human Rights Activism for their continued efforts to protect the rights of agricultural workers, prevent involuntary servitude, and create a food supply chain that is fair from bottom to top.
Guest – Lupe Gonzalo is a senior staff member and leader of the Coalition of Immokalee Workers (CIW). She has worked in the agricultural fields of the United States for the last 12 years as a migrant farmworker, including in the harvesting of tomatoes, citrus, peppers, and many other vegetables and fruits. As part of the Fair Food Program education team, Lupe and her colleagues conduct workers’ rights education in seven states along the East Coast throughout the year
Guest – Patricia Cipollitti, Patricia organizes alongside faith communities as part of her staff role within the Alliance for Fair Food. The Alliance for Fair Food is a national network of people working in partnership with the Coalition of Immokalee Workers for farmworker justice.
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The Prometheus Radio Project And LPFM
Where do you turn on your radio dial to hear diverse viewpoints, community voices, or even local musicians? If you’re like thousands across the country you might tune into Low Power FM or LPFM noncommercial broadcast stations. They operate at a lower transmission power and serve smaller areas than full power stations.
In 1999, the Federal Communications Commission launched the low power FM radio service, opening up an opportunity for community radio broadcasting in more than two decades. LPFM’s broadcast from 10 to 100 watts and are run by non-profit organizations, unions, schools, churches, and other local, non-commercial organizations. Today there are more than 800 low power radio stations on the air, committing to giving 8 hours a day of air time to local voices.
Law and Disorder is thrilled to be carried on several LPFM stations but it hasn’t been an easy road. Early on, corporate sponsored big broadcasters have pushed Congress to limit low power radio as soon as it started. Fortunately, The Prometheus Radio Project fought for years to support the Local Community Radio Act that would return authority to the FCC, and allow them to license low power stations in cities for the first time.
Guest – Paul Bane got hooked on Grassroots Radio by listening to Boulder’s KGNU in the mid 90’s. That also led him into activism for global economic dignity in the “Seattle-era” street movement. Along the way he also stood against police brutality, for an end of racism toward Native Americans and others, an end of media bias including that at NPR, of discrimination and dehumanization aimed at women, LGBT, and undocumented immigrants. When he co-founded Grassroots Radio station KRFC between 1997 and 2003, he also co-founded its news collective. After chatting with Prometheus at Grassroots Radio Coalition conferences for a decade or so and leaving his Fortune 100 R&D job, Paul volunteered at Prometheus in 2010 and is currently our nerdiest engineer. His electrical engineering degree and ham radio experience comes in handy for FCC application engineering, station design, construction and troubleshooting. Paul also created and maintains the free-to-use RFree software to make application engineering easier.
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CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Truth to Power
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Update:
- Attorney Heidi Boghosian and Professor Johanna Fernandez Discuss Potential New Trial For Mumia Abu-Jamal
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Loaded: A Disarming History of the Second Amendment
In her engaging new book Loaded: A Disarming History of the Second Amendment, Roxanne Dunbar-Ortiz chronicles the history of American gun culture and its casualties. From Andrew Jackson, the slave trade, the extermination of indigenous populations, domestic terrorist organizations such as the KKK to serial killings, U.S. history is rife with violence. What is the underpinning for such violence?
Dunbar-Ortiz argues that it is the Second Amendment of the United States Constitution and the resulting gun culture that it spawned. She lays out an array of historical facts and figures that will be new information for many readers. In doing so she provokes questions about the American ethos to help inform pressing issues confronting the nation, from mass shootings in schools to police killings with impunity.
In her meticulously researched book, Dunbar-Ortiz investigates the dynamics of armed struggle within the U.S., their motivations and their contemporary relevance.
Publishers Weekly writes: “In her trenchant analysis of the Second Amendment, Dunbar-Ortiz avoids a legalistic approach and eschews the traditional view that links the amendment to citizens” need to protect themselves from a tyrannical government. Instead, she argues that the Second Amendment was passed to facilitate the genocide of Native Americans in order to steal their land and to provide a means for slaveholders to control their human property.”
Guest – Roxanne Dunbar-Ortiz, historian, author, memoirist, and speaker who researches Western Hemisphere history and international human rights. Her 1977 book The Great Sioux Nation was the fundamental document at the First United Nations Conference on Indians in the Americas, held at the United Nations’ headquarters in Geneva. Her other books include Outlaw Woman, and the acclaimed An Indigenous People’s History of the United States. Her newest book Loaded: A Disarming History of the Second Amendment, is published by City Lights.
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Bearing Faith: The Limits of Catholic Health Care for Women of Color
Catholic affiliated hospitals set strict guidelines that prohibit doctors from providing contraceptives, sterilization, abortion, and fertility services regardless of their patients wishes or their doctors’ medical judgment or the standard of care in the medical profession.
A just released report titled Bearing Faith: The Limits of Catholic Health Care for Women of Color by the Columbia Law School’s Public Rights/Private Conscience Project in partnership with Public Health Solutions shows that in many states women of color are far more likely than white women to give birth at Catholic hospitals. These women are at greater risk of having their health needs undermined because these health needs have been determined by the religious beliefs of male bishops rather than the medical judgment of their doctors.
This religious overreach undermines fundamental rights to equality and liberty and violates the establishment clause of the First Amendment which seeks to separate church from state.
Guest – Attorney Elizabeth Reiner Platt. Director of the Public Rights/Private Conscience Project at the Center for Gender and Sexuality Law at Columbia Law School. Before joining Columbia, she was a Staff Attorney at MFY Legal Services Mental Health Law Project.
Guest – Kira Shepherd, Director of the Racial Justice Program at the Public Rights/Private Conscience Project at the Center for Gender and Sexuality Law at Columbia Law School. Before joining Columbia Law School she was the Executive Director and Director of Campaigns at The Black Institute (TBI), an action think tank that leads advocacy work in the areas of immigration, education, the environment, and economic justice.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Guantanamo, Human Rights, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Torture, Uncategorized, War Resister
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Nuclear Posture Review
Not since 1953 when the United States and the Soviet Union exploded thermonuclear bombs has the world been such a powder keg. Last week the Pentagon released its Nuclear Posture Review. It seeks to make use of nuclear weapons more acceptable and plausible. It recommends the spending of $1 trillion to upgrade America’s nuclear arsenal and it appears to end the United State’s commitment to pursue nuclear disarmament.
Last November Senator Bob Corker, a Republican from Tennessee, convened a hearing of the Senate Foreign Relations Committee on the limits of presidential authority to use nuclear weapons. President Trump had been making incendiary comments about North Korea, threatening to totally destroy the country and to unleash fire and fury like the world has never seen.
There are no reliable limits on the president‘s power to order use of nuclear weapons. The International Court of Justice declared in 1996 ruled that the use or threat of use of nuclear weapons is illegal under international law. The United States is not legally bound by the ICJ opinion. Moreover, the United Nations last summer adopted a Treaty On the Prohibition of Nuclear Weapons. It states that the use of nuclear weapons would be against the principles of humanity in the dictates of public conscience. The United States is not legally bound by the new UN treaty either. The United States under President Obama and now Trump has vowed to increase the size of America’s nuclear arsenal. The United States will not agree to simply declare that it is against the first use nuclear weapons.
Guest – Attorney John Burroughs, Executive Director of the Lawyers Committee for Nuclear Policy. John Burroughs represents LCNP and IALANA in Nuclear Non-Proliferation Treaty review proceedings, the United Nations, and other international forums. Dr. Burroughs is contributor, Unspeakable suffering – the humanitarian impact of nuclear weapons (2013) (available here); contributor, Assuring Destruction Forever: Nuclear Weapon Modernization Around the World (2012) (available here); co-editor and contributor, Nuclear Disorder or Cooperative Security? U.S. Weapons of Terror, the Global Proliferation Crisis, and Paths to Peace (2007) (available here); co-editor and contributor, Rule of Power or Rule of Law? An Assessment of U.S. Policies and Actions Regarding Security-Related Treaties (2003); and author of The Legality of Threat or Use of Nuclear Weapons: A Guide to the Historic Opinion of the International Court of Justice (1998). He has additionally published articles and op-eds in journals and newspapers including the Bulletin of the Atomic Scientists, the World Policy Journal, and Newsday. Dr. Burroughs has taught international law as an adjunct professor at Rutgers Law School, Newark. He has a J.D. and Ph.D. from the University of California at Berkeley and a B.A. from Harvard University.
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Injustice: The Story of the Holy Land Five Foundation
In July 2004 federal agents raided the homes of five Palestinian-American families, arresting the five dads. The first trial of the Holy Land Foundation Five ended in a hung jury. The second, marked by highly questionable procedures, resulted in very lengthy sentences for supporting terrorism by donating to charities with whom the US government itself and several respected international agencies work.
Capitalizing on post 911 Islamaphobic hysteria, the US government used secret evidence and conflated charity with terrorism to convict the five men of providing material support for terrorism.
The destruction of the Holy Land Foundation, the largest Muslim charity in the United States, constitutes one of the great judicial injustices in the so called war on terror
of which there have been many. The US government, relying on the testimony of anonymous Israeli security experts, convicted the five men of the crime of providing humanitarian aid to Palestinians suffering under an illegal and punishing occupation.
This case is one of several repressive post 911 US prosecutions that have been brought with the assistance of Israeli security police, targeting US-based Palestinian Muslim activists.
Guest – Miko Peled is an Israeli writer and activist living in the US. He was born and raised in Jerusalem. His father was the late Israeli General Matti Peled. Driven by a personal family tragedy to explore Palestine, its people and their narrative. He has written a book about his journey from the sphere of the privileged Israeli to that of the oppressed Palestinians. Peled speaks nationally and internationally on the issue of Palestine. He supports the creation of a single democratic state in all of Palestine, and a firm supporter of BDS. Author of Injustice: The Story of the Holy Land Five Foundation and The General’s Son: Journey of an Israeli in Palestine.
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Human Rights, NSA Spying, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Attorney Prevails Against CFAA Charges In Click Fraud Trial
In a trial that was closely watched by cybersecurity experts, Italian citizen Fabio Gasperini was charged for allegedly violating the Computer Fraud and Abuse Act, or CFAA. Computer experts claimed it was the first so-called “click fraud” trial and would test the U.S. government’s ability to link individuals to complex cybercrimes.
As covered before on Law and Disorder, the CFAA is an antiquated law passed in 1986 before personal computers and smart devices were omnipresent in all aspects of our lives. It affords law enforcement extremely wide latitude to prosecute virtually any computer-related activity, including violations of Terms of Service agreements. Each offense can bring up to 20 years in prison, and when multiple counts are charged individuals can face decades behind bars.
In 2017 Simone Bertollini became the first known attorney to prevail against CFAA charges. His 34-year-old client, Mr. Gasperini, was found not guilty on several felony counts of wire fraud, computer intrusion and money laundering for which he faced 70 years in prison; he was convicted on only one count of computer intrusion, a misdemeanor, which is current being appealed. Mr. Bertollini disputed prosecutors’ version of events and noted that none of the expert witnesses had ever seen the botnet that Gasperini allegedly used. He also questioned how he could be charged with conspiracy when no conspirators were named or charged. Cross Examination Transcript
Guest – Attorney Simone Bertollini – After graduating from law school in Rome, Italy, Simone moved to the United States where he graduated with a Juris Doctor degree, becoming one of the very few Italian lawyers in New York with full academic qualifications in both Italy and the United States. Simone first came to the United States with an F-1 student Visa to attend law school. After, he started his own legal practice, and obtained E-2 Treaty Investor Visa status. Later, Simone became a Lawful Permanent Resident, and now he is a proud American citizen. In the course of his career, Simone handled hundreds of immigration cases, including removal proceedings and federal appellate matters. Simone has also substantial criminal jury trial experience.
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Electronic Frontier Foundation on NSA Spying Extension
A few weeks ago the U.S. Congress voted to pass a bill extending, for another six years, the NSA’s practice of Internet surveillance. Cindy Cohn, executive director of the Electronic Frontier Foundation, called this “a significant blow against the basic human right to read, write, learn, and associate free of government’s prying eyes.” The vote happened without public debate on a matter of great public concern.
The legislation in question allowing warrantless surveillance is Section 702 of the FISA Amendments Act. The Act is intended to target foreigners abroad. In practice it puts a great deal of our internet activities to government scrutiny, as they pass through key internet checkpoints, and as they are stored by providers like Google and Facebook. The NSA is thus able to gather and store private communications of countless non-suspect Americans.
Guest – Cindy Cohn, Executive Director of the Electronic Frontier Foundation. From 2000-2015 she served as EFF’s Legal Director as well as its General Counsel. Ms. Cohn first became involved with EFF in 1993, when EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography.
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