Law and Disorder August 20, 2012

Updates:

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A Challenge to a Brutal Anti-Latino Law

Sheriff Joe Arpaio recently went on trial in Arizona for discriminating against Latinos and for usurping federal authority with roundups of undocumented immigrants. In a related action, a coalition of groups is asking a federal court to block enforcement of Section 2(B) of SB 1070, the Arizona law that compels all law enforcement agencies in that state to enforce the Arpaio model.

In June the Supreme Court rejected the premise of SB 1070 on grounds that making foreign policy – of which immigration law is a part – is a federal government’s domain. However, the Court upheld the law’s “show me your papers” section that requires officers to check the immigration status of anyone they stop, arrest or detain on another basis if the officer has a “reasonable suspicion” the person is in the country illegally.

The motion to block Section 2(B) “involves additional claims, evidence, and irreparable injuries beyond what the Supreme Court had before it.” The challenge explains harms so obvious and unconstitutional that the judge does not need extensive proof of the section’s impact to enjoin it. The Legislature “explicitly intended Section 2(B) to codify the practices” of Arpaio, the motion says, even after his powers had been restricted by earlier investigations into and challenges to his racial profiling. The practices include prolonged stops and detentions of Latinos to check their status or for other immigration-related purposes.

The plaintiffs are also asking the court to enjoin another Arizona law, which turns alleged violations of a federal anti-harboring law into a state crime. Courts have enjoined similar laws in Georgia, Alabama and South Carolina since, like Arizona’s, they were clearly pre-empted by federal law.

Lena Graber:

  • The law enforcement in Joe Arpaio’s district have been really outspoken about their intention to stop Latinos and fight immigration.
  • The issues around racial profiling are really huge. I think it’s worth separating out the different lawsuits that are going on.
  • Sheriff Joe Arpaio runs this incredibly punitive jail where they barely feed people enough it’s a 120 degrees, and he’s been sued literally thousands of times for the conditions of his jail.
  • Thats been going on since he was elected in the early nineties.
  • In the last several years he’s really gotten on this tough on immigration, let’s do sweeps through the Latino neighborhood.
  • The ACLU and other civil rights groups filed a lawsuit against him for racial discrimination, violation of equal protection, and violation of civil rights.
  • They filed that 2007, about six months later the Department of Justice initiated a civil rights investigation into Joe Arpaio and his operations in Arizona.
  • In the meantime the state of Arizona passed SB 1070.
  • There are both civil rights groups and non profits filing one lawsuit and the federal government filing a parallel.
  • The Arizona Supreme Court recently ruled on the Arizona law, not on Joe Arpaio, where they struck down most of the law and upheld “show me your papers.”
  • The federal government did not argue that the law was unconstitutional because of racial discrimination.
  • Litigation tends to effect the way law enforcement operate pretty dramatically.
  • Joe Arpaio has been elected five times.
  • The federal government has been very slow on the game to chastise Joe Arpaio.
  • The Department of Homeland Security formed their largest 287G agreement with Sheriff Joe for his deputies to be trained to enforce federal immigration law. At that point the violations really started to go through the roof.

Guest – Lena Graber, a Soros Criminal Justice Fellow who focuses on detention and deportation and state and local enforcement.  Lena Graber’s work seeks to reduce the government’s abuse of immigration detainers–a tool used to maintain custody of potentially deportable individuals in local jails or prisons nationwide.  Lena previously worked at the National Immigration Forum in Washington, D.C.
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Mondoweiss: Israel Trip and the Future of Palestine

We welcome back returning guest Philip Weiss, the founder and co-editor of Mondoweiss.net, a news website devoted to covering American foreign policy in the Middle East. Philip has recently returned from a trip to Israel and was struck by the ongoing apartheid against Palestinians. During his trip, he traveled an Israeli’s only road. He saw the massive barrier in the West Bank. He toured many Israeli settlements, such as Ma’ale Adumim, the first settlement to be declared a city. Interestingly Philip also saw some of the fund raiser entourage of Republican presidential candidate Mitt Romney while in Jerusalem.  We talk with him about his trip and the future of the Palestinian state.

Philip Weiss:

  • The last few times I’ve come back I felt a real sense of bleakness.
  • When you’re there and you see just how much force is arrayed on one side and the status quo is of complete inequality.
  • The sense of martial law is overwhelming. Spiritually, it’s awful.
  • When you’re over there you see there is very little left in terms of contiguous territory in the West Bank to create a viable state.
  • You see the settlements all around you, giant swimming pools next to villages with walls around them, to separate themselves from Palestine villages in occupied land.
  • Jeff Halper says the 2 state solution is dead.
  • Area C is ours they say.
  • I saw one ad on my commute here today that read – It’s Not Islamaphobia to Blame Islam for Terrorism.
  • This is extremism, it’s intolerance, it’s racism.
  • It’s statements that we would not accept, that have become off limits in American discourse in almost any other context.
  • One thing I saw there was the separation, the complete separation of two societies.
  • You really get a sense of ethnic purity at work.
  • The denial of that humanity is so profound and offensive.
  • I’ve been struck by the famous Arab hospitality in that region.
  • The sense of sovereignty and domination is profound.
  • It’s hard sometimes to meet people’s eyes, because you know that you’re an author of their humiliation and this human being with a lot of dignity has suddenly become humiliated before your eyes and it’s upsetting.
  • John Brown said the idea that all people are created equal is the exact same idea as do unto others as you would have them do unto you.
  • It’s kinda scary to think that a bunch of Americans to send a signal to Obama would have to go raise a million dollars at the King David hotel in Jerusalem and have Romney talk about Iran and he’s with Netanyahu on Iran. These were powerful political signals being sent while I was there.
  • I think Romney is behaving in an irresponsible manner. It seems like he’s being used in this situation.  Within the Israeli security establishment there is some sense it does not want this attack.
  • They don’t care about Iran, they care about cleansing the West Bank of Palestinians.
  • If there is a war with Iran it’s a perfect opportunity and a crisis to push more Palestinians out of area C into the cities.
  • I’m for BDS. Every time I go there I’m upset by what I see. The question is that whether the South African connection is kicking in. (BDS Collective)
  • I get a lot of criticism from Jews for exposing my people to danger.
  • Jeff Halper studies the occupation and knows it in a granular way.

Guest – Philip Weiss founder of Mondoweiss, longtime journalist and regular contributor to the Nation and a fellow at the Nation Institute.  Philip is the author of two books a political novel, Cock-A-Doodle-Doo, and American Taboo, an investigative account of a 1976 murder in the Peace Corps in the Kingdom of Tonga.  Weiss is one of the editors of The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict.

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Law and Disorder August 13, 2012

Updates:

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The Passion of Bradley Manning: The Story of the Suspect Behind the Largest Security Breach in U.S. History.

We continue to look into the the Bradley Manning story, the biggest whistle-blower case in US history. Attorney Chase Madar joins us in the studio, he’s the author of The Passion of Bradley Manning: The Story of the Suspect Behind the Largest Security Breach in U.S. History. The book moves through Manning’s childhood and up to what led him to allegedly upload volumes of classified secret information to Wikileaks. Madar highlights the value of publicly exposing the endless criminal and immoral actions while government secrecy spins out of control, classifying 77 million documents a year. He also asks what can be done to protect Bradley Manning as a whistle-blower. Since his arrest 2 years ago, Manning’s formal court martial proceedings are not scheduled to begin until February 2013, and as many listeners know the most lethal charge is aiding the enemy.

Attorney Chase Madar:

  • I worked as a staff attorney for many years at a great non-profit in Bushwick section of Brooklyn doing all kinds of low tech services for Spanish speaking immigrants.
  • I quit that and have been writing about foreign affairs. I got put on the sight of Bradley Manning by Tom Englehart, who edits the great TomDispatch web project.
  • So many important issues collide in this case, whether its the comparative risk to our security of secrecy versus leaks. How we judge threats, how we misassess threats. How we use solitary confinement as punishment, is it an acceptable punishment?
  • What power does information have anyway? A lot of intellectuals think that information has an incredible catalytic effect.
  • Bradley Manning enlisted in the Army in October 2007. He’s deployed to Iraq after all kinds of training in Army intelligence in 2009.
  • He allegedly begins leaking things in early 2010 and he’s arrested in late May 2010 over 2 years ago now. He was held in solitary confinement, very strict punitive isolation in Quantico Marine Corp base in Virginia, from July 2010 to April 2011.
  • We’re looking at 2.5 years of pretrial confinement.
  • You can divide up the Wikileaks leaks allegedly supplied by Bradley Manning in 3 categories. Iraq material, thousands of war logs: raw reports file by soldiers, Afghan war logs, it’s a composite of a war that’s weirdly aimless.
  • Obama did campaign as the whistle-blower’s best friend, and he has prosecuted twice as many as all previous administrations.
  • Here’s one theory I find persuasive. It’s important for Obama to have the intelligence services on his side. This was a way for him to show the CIA that he would go along them.
  • I would like to see a serious change in foreign policy which has gone off the rails.
  • We haven’t the kind of course correction with Obama that many had hoped for.
  • I hope Wikileaks do disrupt foreign policy more. There’s been all kinds of smack talked about Bradley Manning, he’s a weirdo, a malcontent, he did what he did because he’s screwed up, he did because he’s gay.
  • His motives are very plain to see in the chat logs between him and the informant.
  • The Manning chat logs – they read like a tragic novella.
  • So much of our secrecy law is designed to keep the American public in the dark.
  • I think we have badly confused being clueless with being safe.
  • He comes across as an immensely thoughtful, courageous and very principled young man. In some ways he’s an extreme version of the millennial generation who have a lot of education and potential but find themselves not doing too well.
  • His father was in Naval Intelligence and he’d grown up with a sense of patriotic responsibilities.
  • What makes him turn on the inside and leak these things?
  • He’s asked to look into the arrest and capture by the Iraqi authorities a group of non-violent Iraqi protesters who were handing out pamphlets that were all about corruption in Iraqi government.
  • We are light years away from total transparency.
  • The main thing is to make records of the court proceedings publicly available.
  • I think a guilty conviction and a heavy sentence of at least 50 years is a foregone conclusion.
  • The wages of government secrecy, not security but disaster.
  • It looks like the court martial won’t begin until January or February.
  • Go to the Bradley Manning support network website. Send him a postcard.
  • It’s your patriotic duty to browse the leaks.
  • Legal Atrocities – by Chase Madar

Guest – Attorney Chase Madar , a TomDispatch regular and author of a new book, The Passion of Bradley Manning (OR Books).  Madar tweets @ChMadar. He’s  a contributor to the London Review of Books and Le Monde diplomatique and the author of a new book, The Passion of Bradley Manning (OR Books).

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Law and Disorder July 16, 2012

Updates:

Campaign To Release Russell Shoatz From Solitary Confinement Into General Population

Last year, the National Lawyers Guild called on Superintendent Louis Folino to support the Program Review Board’s recommendation to release Russell Maroon Shoatz into the general prison population at SCI Greene in Waynesburg, Pennsylvania. As many listeners may know, Russell Maroon Shoatz has been held as a political prisoner under intense lockdown spending no more than one hour a day outside of his cell for the past 21 of those years. He was locked up in 1972 for his activity as a member of the Black Liberation Army. We follow up on the international campaign to release Shoatz. The effort was launched in New York City and London and sponsored by the Scientific Soul Sessions.

Theresa Shoatz:

  • He goes before the Program Review Board every 90 days, its about 68 visits since he’s been in solitary confinement. He hasn’t had any infractions in 30 years.
  • If you look at that, they don’t intend to release him into general population.
  • It’s a check-off, how has response been around the guards? What’s your response when you’re taken to the shower?
  • Russell had become disappointed with the Program Review Committee and said “I’m not going anymore.”
  • I called the Program Review Committee at SCI Greene, and said we’re getting tired of this no-movement forward.
  • They said they look down on that as not cooperating with the prison. We look at as they’re not cooperating with all the rules they set forth. There is a step down program, they don’t use it as much as they should.
  • When you talk about holding one person in solitary confinement, he has to be transferred, whatever his movement, to the shower, to the one hour cage, it takes two guards.
  • SCI Greene released at least 20 prisoners from solitary confinement who they had no intention of releasing but because the state budget is in jeopardy now.
  • They left Daddy back there. Daddy’s approaching 70 years of age, he hasn’t had an infraction in 30 years, you would’ve thought he’d be the perfect person for this step down program, and we questioned that.
  • When I talk to the staff in solitary confinement, they all say he needs to be general population.
  • Superintendent Folino retires in 2 years and I think he may want to slide out without releasing him into population.
  • Russell escaped in 1977, in the 80s, he was in population at SCI Pittsburgh.
  • He had been voted the first black president of the Lifers Association.
  • Folino states that he is a leader and he is to remain in solitary. The director of the Program Review Committee actually stated that he is a leader. Obviously Theresa, you don’t know he’s a leader?
  • Outside of him being a leader, he’s been able to withstand this 23 hour a day lockdown.
  • I do see there are some changes with Russell. I’m talking emotionally, he’s very distraught now.
  • I’m shocked that he hasn’t totally broken down.
  • He gets a lot of mail. He’s busy with letter writing.
  • I found there have been a lot of suicides in SCI Greene’s solitary confinement unit. Boys in their twenties hanging themselves. You don’t hear about it.
  • This is torture. In 2005, there were 80 thousand people in solitary confinement.
  • Juan Mendez’s report on Russell Maroon Shoatz
  • My focus is on getting Maroon into population. I’m concerned with stopping the expansion of prisons being built. It costs millions of dollars to build new prisons, instead of using that for education for prisoners being released.
  • Put that money back into public schools instead of building new prisons.
  • We’re being assaulted by this present day prison system and our government nor our state seems to mind locking up folks or taking away money from our public school education and putting it into prisons.
  • Congressional Hearing on Solitary Confinement
  • hrcoalition.org / Russell Maroon Shoatz

Guest – Theresa Shoatz,  a Philadelphia-based prison justice activist and the daughter of Russell Shoatz.

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Glenn Greenwald:  Challenging the Surveillance State, Breeding Conformists

Glenn Greenwald,  author and contributor (columnist and blogger) to Salon.com. During his book tour for the release of With Liberty and Justice for Some, (paper back release) he gave a impactful speech in Chicago titled Challenging the Surveillance State.

 

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Law and Disorder June 18, 2012

Updates:

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Quebec Students Protests: Largest Act of Civil Disobedience In Canadian History

Social unrest in Montreal continues unabated with nightly protests as thousands fill the streets in what is now the largest act of civil disobedience in Canadian history. Protests against tuition hikes and austerity are evolving into community assemblies,  and also into increasingly popular pots and pans protests. These larger protests against tuition hikes and austerity turn into community assemblies and also the loud pots and pans protests. In response, police randomly searching and detaining people wearing the red square in solidarity of the movement and try to break up each emerging protest.

Gabriel Nadeau – Dubois:

  • The strikes started in the beginning of February, and the debate about tuition hikes became a larger debate about privatization.  It started as a student strike and is now a popular movement.
  • The context in Quebec is the reason we were able to build a movement. There has been so much dissatisfaction toward the government in the last 10 years.
  • Many other workers saw an opportunity to go into the street because a lot of people were very angry.
  • Bill 78 is a special law. This bill has 3 major sections.
  • The first section suspends the Winter semester with the objective to stop the student strikes.
  • Now we’re in sort of a lock out these days.  The Winter semester will start in August.
  • The main objective of the bill is to break the mobilization.
  • We have seen thousands of illegal protests of civil disobedience.
  • Last week there were hundreds of police in the subway station, who were systematically and illegally searching the students and the citizens who were wearing the red square.
  • The bad thing about too many protests is the citizens get used to seeing police brutality.
  • We currently contesting the law in front of the court. We are trying to suspend the law and declare it unconstitutional.
  • We are planning 2 major protests this summer one on June 22, 2012 and one on July 22.
  • What we’re asking for is still very simple stop the increase of tuition fees in order to keep the universities accessible to everyone

Guest – Gabriel Nadeau – Dubois, the co- spokesperson of the Coalition off the Solidarity Trade Union Association for Student (aka CLASS), which is opposed, since the beginning of this year , with rising tuition fees in Quebec decreed by the Jean Charest government.

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Austerity and Second Round of Elections in Greece

The elections in Greece have just occurred. We talk with Greek-American National Lawyers Guild attorney Eric Poulos about the left, right and center parties in Greece. Eric explains party platforms and makes a few predictions on election outcomes.

Attorney Eric Poulos:

  • Greece has got money from the European Union, not to bail out Greece, it’s a misnomer in the press, it’s to bail out the banks.  It’s going to pay off debt service to banks.
  • There’s no stimulus to create jobs in Greece, jobs are being lost.
  • Unemployment is up 20-25 percent, among youth it’s 50 percent.
  • If they can, Greeks are leaving the country, taking their money out of the banks.
  • Pharmacies are not filling prescriptions, doctors are not getting reimbursed from the state.
  • Political party Syriza emerged from the last election. This is run off election from one that occurred in May where there was no clear victor.
  • Syriza’s a left wing party that emerged from almost obscurity. Syriza is made up of many forces. It’s a coalition.
  • Looks like the right wing party might be gaining votes. Syriza wants to cancel the memorandum which triggered the loan from the EU.
  • It wants a moratorium on the payment of the debt, and it has various measures to deal with corruption, it wants remove immunity.
  • The memorandum imposed austerity measures which Greece has tried to fulfill, and has resulted in devastation.
  • Even the mainstream parties that agreed with the memorandum say they want to renegotiate that agreement.
  • Greece has huge military contracts with German and French defense contractors, which they will not let Greece out of.  The far left says to cancel those contracts. 
  • There is an out and out fascist party that got almost 7 percent of the vote. Golden Dawn.
  • There’s a huge anti-immigrant sentiment that these far right parties have tapped into.
  • I think conservatives will gain. I think Syriza will gain

Guest – Attorney Eric Poulos, writer and National Lawyers Guild member.
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Cuban Five Case Update: Government Paid Media Helped Shape Public Perception

The Cuban Five were convicted 14 years ago this month on conspiracy to commit espionage at some time in the future.  Recently, prominent First Amendment attorney Martin Garbus joined the case of the five.  He’s concentrating his legal efforts on US government paid journalists in Miami who received hundreds and thousands of dollars of payments from the office of Cuba broadcasting. A fact unknown to the defense at the time of the trial.  The reporters covered the case in an almost hysterical and prejudicial fashion.

Attorney Martin Garbus:

  • We’re trying to get all the facts nailed down on the paid journalists issue.
  • The motion is to get discovery of those facts and then to proceed to the hearings to reverse the convictions.
  • What we’ve been trying to do for the last 15 years is trying to get these facts and we’ve failed to do it.
  • What you have is a cauldron, when this is in the public debate. It’s not the just the question of the media being influenced, not just the question of the jury pool being saturated,
  • its not just the question of the jurors themselves being saturated.
  • We understand that the government was paying people who were on major newspapers, major media, substantial sums of money to write stories to get indictments, as well as convictions, and to influence the whole question of how you charge people.
  • In a normal world, these defendants would not have been charged.
  • It’s not just the question of the media effecting the jury pool, it goes long before that.
  • Given the circumstances, one would expect the prosecutors to try and get the highest charges that they could.
  • It’s government legal influence at every single part of the legal process.
  • You had both governments trying to de-fang very bad situations.
  • Instead of stopping the planes, they chose instead 18-17 months later, they chose to arrest these five people whose names they knew because it was part of the cooperation pact.
  • There were many people in Miami who didn’t like the idea of the Cuban government and the American government through government representatives, trying to cut back the Miami terrorists.
  • A lot of them became rogue agents and trying to ruin whatever cooperation there was.
  • Its seems apparent that it was purely a political prosecution.
  • There’s a reason why the government has been withholding documents.
  • I don’t know of any other case where you’re going to get an accumulation of facts in a situation that’s as explosive as this, given the traditional historic politics as what was going on at that time.
  • You had two judges saying this was a fire storm.

Guest – Attorney Martin Garbus, one of the country’s leading trial lawyers. He has appeared before the United States Supreme Court and the highest state and federal courts in the nation. Time Magazine has named him “legendary . . . one of the best trial lawyers in the country.” He’s also known as the most prominent First Amendment lawyer.

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Law and Disorder May 12, 2012

Updates:

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Scapegoat: The Chino Hills Murders and The Framing of Kevin Cooper

Scapegoat: The Chino Hills Murders and The Framing of Kevin Cooper is the title of Patrick O’Connor’s new book. This is an important document chronicling Kevin Cooper’s  controversial conviction and death sentence in 1985.  When O’Connor committed to writing the book, he poured over thousands of case documents from trial transcripts, grisly autopsy photos, appeals and judicial rulings. He then began interviewing those involved in the trial and appeals. The picture began to take shape, a familiar one. The prosecution and the police withheld and destroyed evidence that would have exonerated Kevin Cooper from the brutal murders of the Ryen Family and their guest.

J. Patrick O’Connor:

  • In 2008, the Mumia book that I wrote was coming out and I was in the San Francisco Bay area with (attorney) Jeff Mackler of the Mobilization to Free Mumia.
  • We had about 15 venues that we went to all over the bay area. Invariably, supporters of Kevin Cooper would come to these events and afterwards would take me aside and say you got to write a book about Kevin Cooper.
  • His case is a lot different than Mumia’s but there are a lot of similarities.
  • Once I started reading the transcripts of this trial, I could see there were a lot of things wrong with this case.
  • It took me about 2 and half years from the start to the publication of the book.
  • There was a terrible, in Chino Hills, this is Arabian horse country. This family named the Ryens, they live on a hilltop house with a very big spread, about 15 Arabians. San Bernadino-45 miles east of Los Angeles.
  • In this area, most of the people were either raising horses or grazing cattle. This family was a mom and dad and they were both chiropractors. 41 year old chiropractors, and they had a 10 year old daughter named Jessica and an 8 and a half year old son named Josh.
  • A friend of Josh’s 11 year old Christopher Hughs, spent the night.
  • Around midnight that night, the home was breached. The master bedroom. The family was assaulted with an axe, or a hatchet, I think 2 knives, and an ice pick.
  • It was an incredible fight, these people didn’t stand in line and say I’m next.
  • The father Doug was 6’1″ 190lbs, a former Marine, an MP in the Marines and could take care of himself. The mother 5’8″ very strong, she was the one that could train the horses, these enormous horses that she could control.
  • Both of them kept loaded weapons in the bedroom. The idea that one perpetrator could use 4 weapons to perpetrate this attack is kind of fecitious on its face.
  • What put Kevin Cooper in the crosshairs is 3 miles from Chino Hills is Chino which is home to the California Institute for Men, where every felon in Southern California is sent for classification.
  • Cooper was sent there for 2 burglaries in LA. Escapes and holes up in Chino Hills for the next 2 days, in a house located 125 yards from the Ryen’s house.
  • Josh who had survived, told the deputy sheriff through a hand squeeze method that it was 3 white men.  They put out APBs for 3 white guys.
  • When they discern Kevin Cooper’s prints are all over that hide out house, they discard that information and start planning evidence that would implicate Cooper and making big lies about stuff that would implicate him.
  • He would have been the only African-American in the community.
  • They contaminated the crime scene, there are 2 bathrooms in this house, the cops used one of the bathrooms that had blood in the sink.
  • They don’t type the blood properly, they put blood from all different parts of the room in the same bag.
  • So, there’s no way to track the motions of who died, what was the order of death?
  • They took the walls out, they carted out all the furniture, put it on the front yard. Then they moved it to a warehouse where the air conditioner broke. It went to 120 degrees, they lose all the blood evidence in the warehouse.
  • The night of the murders, Cooper left after 9pm to hitchhike to Mexico. Cooper sees his mugshot on TV, he goes on the lamb.  Cooper is got and convicted, he gets the gas chamber.
  • He came with 3 hours and 45 minutes of being executed because of a moratorium. Kevin Cooper is fifth in line, this moratorium will end in 2013.
  • They had to have the complicity of numerous people inside the sheriff’s department and a very willing DA’s office to perpetrate this fraud on Cooper.

Guest – J.Patrick O’Connor, editor of Crimemagazine.com and the author of The Framing of Mumia Abu-Jamal (2008). He has previously worked as a reporter for UPI, editor of Cincinnati Magazine, associate editor of TV Guide, and editor and publisher of the Kansas City New Times.

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Homeland Security Documents Show Massive Nationwide Monitoring of Occupy Movement

Last month we gave Mara Verheyden-Hilliard and Carl Messinio of the Partnership for Civil Justice the Law and Disorder Tip Of The Hat Award for creative use of FOIA.  The documents obtained by the Department of Homeland Security show a massive nationwide monitoring, surveillance and information sharing between DHS and local authorities.  But its only the tip of the iceberg. The documents are heavily redacted and don’t show the full scale of coordination. “These documents show not only intense government monitoring and coordination in response to the Occupy Movement, but reveal a glimpse into the interior of a vast, tentacled, national intelligence and domestic spying network that the U.S. government operates against its own people,” says Mara Verheyden-Hilliard, she’s the Executive Director of the PCJF.

Attorney Mara Verheyden-Hilliard:

  • We filed a series of FOIA requests and demands in November of last year when it was clear the Occupy movement was being subjected to a coordinated assault.
  • We wanted to expose and uncover the role of the federal government working hand in hand with local police and municipalities to shut down this movement. A movement that is inspiring people all over the country and is a force for social change.
  • What we have is the tip of a very carefully submerged iceberg.
  • What we’ve seen is massive surveillance, coordination, monitoring of peaceful protesters all over the country by the federal government.
  • There is monitoring that’s gone on from Washington DC, to Atlanta, to Detroit, to Dallas, that there is an intense focus going all the way up to high ranking members of the administration.
  • We know that with the creation of the fusion centers and the suspicious reporting activity, the vertical integration of law enforcement and intelligence operatives in the US, that coming from a federal level, from the Department of Homeland Security, with billions of dollars. There is in place where all of the hundreds and thousands of law enforcement officers . . local is almost deputized, where they’re collecting information and feeding data.
  • It’s critical that the people of the United States see this. The way for this to be stopped is to uncover it and expose it.  We see time and again the FBI creating its own terrorist plots, in many times as PR to justify their oppressive apparatus.
  • One of the defining features of the Obama Administration is the fact that it took on this apparatus put in place by the Bush Administration and not only didn’t take it apart, they have deepened it.
  • There is really a structure now in the United States that has the US government spying and collecting data on its own citizens.
  • We have regulation that has been put into place under the Obama Administration where there is growing use of military support for domestic civilian authorities which is very concerning.
  • We can see that the real spark for social change is people getting together for collective action.
  • What we want to accomplish is to keep the streets, sidewalks and parkland open for grassroots democracy and social change and people need the ability to come out and come together and in order to do that without fear that they’re going to be beaten . . or mass arrested.
  • National Special Security Events: The Secret Service and Federal Government becomes the lead coordinating arm and local police work under that umbrella. In Tampa and Charlotte you can see they’re enacting these very repressive ordinances that facially look unconstitutional.
  • The ordinances are trying to stop people from doing things are permitted, that are lawful.
  • There is growing effort to take public space out from under our feet and one way of doing that is to say that there’s going to be an effort to restore the grass, and we fought this battle back in 2004 at the RNC in New York when we came to challenge the effort of New York City to ban mass assembly on the Great Lawn of Central Park.
  • A lot of this effort is to make people feel alone and suffer in silence.

Guest – Mara Verheyden-Hilliard, co-chair of the Guild’s national Mass Defense Committee. Co-founder of the Partnership for Civil Justice Fund in Washington, DC, she recently secured $13.7 million for about 700 of the 2000 IMF/World Bank protesters in Becker, et al. v. District of Columbia, et al., while also winning pledges from the District to improve police training about First Amendment issues. She won $8.25 million for approximately 400 class members in Barham, et al. v. Ramsey, et al. (alleging false arrest at the 2002 IMF/World Bank protests). She served as lead counsel in Mills, et al v. District of Columbia (obtaining a ruling that D.C.’s seizure and interrogation police checkpoint program was unconstitutional); in Bolger, et al. v. District of Columbia (involving targeting of political activists and false arrest by law enforcement based on political affiliation); and in National Council of Arab Americans, et al. v. City of New York, et al. (successfully challenging the city’s efforts to discriminatorily restrict mass assembly in Central Park’s Great Lawn stemming from the 2004 RNC protests.)

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Law and Disorder May 7, 2012

Updates:

  • Michael Smith and Heidi Boghosian Discuss May Day Events
  • Michael Smith Reads A May Day Letter From Lynne Stewart
  • Retired Chemistry Professor Tried For Jury Tampering Represents Self and Wins.
  • Federal Lawsuit Filed Against NYPD For Improper Use Of Barricades
  • Four City Council Members File Suit Against NYPD For Police Abuse

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Former Head of CIA Clandestine Service Justifies Torture On CBS 60 Minutes

In a recent interview on CBS news, former head of the CIA’s clandestine service Jose Rodriguez discussed the destruction of 92 tapes in which terrorism suspects were subjected to water boarding and other forms of torture. Rodriguez told CBS that he destroyed the tapes to protect the people who worked for him at various black sites. But critics say Rodriguez is afraid of criminal prosecution because those 92 tapes contained compelling evidence of criminality and are a threat to Rodriguez and those who approved the use of torture.  Rodriguez,  a thirty-year veteran of the CIA, and spent most of his entire career in Latin America, supports the idea that torture works to get information.

Attorney Scott Horton:

  • We know the government in response to FOIA requests, and litigation requests has released photographs and tapes repeatedly in the past, and always obliterates the faces involved, so of course the identities are not released.
  • Obama announced in his speech from Kabul, al-Qaeda’s been defeated. It’s a faint shadow of what it was before.
  • The tapes contained evidence of crimes, it showed water boarding and other torture techniques. It documented those techniques, and that presented a risk to Jose Rodriguez and to the the people up above Rodriguez who are responsible for putting through torture policy.
  • George Tenet was involved, Bybee, a judge in the Ninth Circuit in Las Vegas, John Yoo who is a professor at the University of California, Steven Bradbury who is now a partner in a law firm in Washington DC and then it went into the White House where it went into the National Security Council.
  • The trail consistently leads straight into the office of former Vice President Dick Cheney. He was the key mover for the introduction of torture policy.
  • Domestically, we have an anti-torture statute that includes for conspiracy to torture, both of those things were violated. They apply outside of the United States, so they would have applied to the conduct of a CIA agent operating in Poland or Thailand for instance.
  • Jose Rodriguez: He’s trying to make money, he’s selling a book, what you saw was a 36 minute advertisement for his book, published by an affiliate of CBS.
  • Beyond that I’d say he’s trying to build sympathy and beat back calls for his own prosecution.
  • I think this was an ill advised strategy and I think he confessed to criminal conduct in the course of this interview.
  • At one point they claimed that they were able to track down and pick up Jose Padilla through the use of water boarding, which is very very interesting because Padilla was arrested and in custody before the first case of water boarding was applied.
  • Mitt Romney has been out there punching away constantly on the advocacy of torture and the response from the Obama campaign has been silence. Silence.
  • The guy came across to me as something of a psychopath (Jose Rodriguez)

Guest –  New York attorney Scott Horton, Scott is known for his work in human rights law and the law of armed conflict. Scott is also the contributing editor to Harper’s Magazine.

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Common Cause Files IRS Whistleblower Complaint Against ALEC

The American Legislative Exchange Council, or ALEC, is a tax exempt charity that spends millions of dollars annually to lobby for hundreds of bills in state legislatures around the United States. It came to the attention of the public for having drafted and pressured passage of the so-called stand your ground legislation after the shooting death of Trayvon Martin in February. The watchdog group Common Cause has asked the IRS to review ALEC’s status claiming that ALEC is “a corporate lobby masquerading as a charity,” and that contributors should not be allowed to claim the gifts as charitable contributions.

Nick Surgey:

  • ALEC describes itself as nonpartisan although the majority are members of the Republican Party.
  • It’s concerning from a tax perspective, ALEC is operating as 501c non-profit, which means its a charity.
  • Therefore corporations who are members of ALEC are allowed to take a tax deduction, when they contribute up to hundreds of thousands of dollars.
  • If Visa, Verizon or Amazon then those lobbying would not be tax deductible, they would be subject to tax, but they do the same lobbying through ALEC.
  • All of those contributions are subsidized by us – the tax payer. And that’s wrong.
  • We shouldn’t be subsidizing the activities of any corporation.
  • Until recently ALEC operated 9 Task Forces, they were forced to close one 2 weeks ago.
  • Stand Your Ground Bill / Drafted by the NRA, lobbied by them and presented to legislators in Florida 2005.
  • The NRA took it to ALEC, who they’re a member of, Walmart chaired the taskforce. Walmart the largest retailer of weapons in the United States.
  • The Stand Your Ground bill is now law in 20 states.
  • ALEC organizes around these 9 task forces. They have bills that really cover almost every policy area.
  • Other areas include rolling back environmental protection, they have a commerce task force, where a lot of anti-union bills, the right to work legislation, it comes from that task force.
  • Corporations will use the state essentially to lobby on their behalf.
  • Common Cause has a very good picture of what ALEC has been doing in the last 2 years and this formed the basis of this massive IRS submission.
  • One document are these scorecards which they send to their corporate members, where they celebrate the success that they have. Some of the early scorecards, they mapped out the complete picture of the United States and where all of their model bills have been introduced.
  • A source provided us with emails going between ALEC and state legislators. We were very greatful to be represented pro-bono by one of the country’s leading whistle-blower firms, Phillips and Cohen.
  • Voter ID has been increasingly connected to ALEC.
  • We believe the bigger fraud is disenfranchising millions of predominantly African American, elderly or young student voters.  In wasn’t until 2009 when ALEC took it up, that it really injected energy into it at the state level and its been introduced in 34 states. (Voter ID)
  • ALEC has an ability to take a law, not always a new law and sell it to their almost 2000 state legislator members.
  • ALEC has about a third of all state legislators in the entire country as members.
  • There was a fracking bill, and it was sponsored by Exxon Mobile.
  • ALECExposed.org

Guest –   Nick Surgey, Nick conducted the research helping to expose the American Legislative Exchange Council.  Nick joined Common Cause in March 2011 as a Legal Associate.  He formerly worked at the British Refugee Council in Leeds, England, where he advocated on behalf of asylum seekers. He previously worked at an immigration law firm, as an elected student union officer and as a paid campaigner. Nick holds an undergraduate degree in History and Politics and a post-graduate diploma in law.
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