Civil Liberties, Civil Rights, Criminalizing Dissent, Human Rights, Truth to Power
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Tompkins Square Park Police Riot 35th Anniversary Special
Thirty five years ago, a singular event occurred in Manhattan’s East Village that would prove transformative to many lives for years to come. Today on Law and Disorder we bring you a special program on the August 1988 Tompkins Square Park Police Riot as recounted by several individuals who were there for the entire event. We share firsthand observations of unbridled police violence, talk about how we came to be there, and discuss how the riot marked the lynchpin to transform an entire neighborhood from a mecca of creativity and political activism, to the new home of TARGET, Starbucks and other hallmarks of American gentrification.
Tompkins Square Park is bounded on the West and East by Avenues A and B, and on the North and South by 10th Street and 7th Streets. It falls in the part of that neighborhood often referred to as Alphabet City, named for its 4 Alphabet numbered avenues, that in the 1960’s and 1970’s were a haven for drug sellers and squatters and a large Puerto Rican community. The park had a history of activism as it was the site of a riot in 1874 on behalf of the city’s labor movement.
In 1988, a homeless encampment was erected in the park, attracting a wide range of activists, squatters, and homeless persons. Several local residents complained and in a controversial move, the local governing body, Community Board 3, on June 28, approved a 1 AM curfew from what had long been a 24-hour open park. The Avenue A Block Association supported the curfew as it represented the few local businesses that existed then. Many residents opposed the curfew, including those who would have to take a longer walk around the park to get home.
The New York City City Parks Department agreed to enforce the curfew, and on July 31, 1998 protesters gathered at a rally there. Police, responding to alleged noise complaints, entered the park. A skirmish ensued, and several civilians and six officers were treated for injuries. Four men were arrested on charges of reckless endangerment and inciting to riot.
Guests – Susan Howard, East Village Community Activist, John McBride, Photographer and Arthur Nersesian, East Village Writer.
Written by Attorney Heidi Boghosian and produced by Geoff Brady.
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Civil Liberties, Civil Rights, Human Rights, U.S. Militarism, Violations of U.S. and International Law, War Resister
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A Few Things Oppenheimer Leaves Out
The atomic bomb was developed by physicist, J, Robert Oppenheimer and his team in Los Alamos, New Mexico. It was dropped unnecessarily on the two Japanese cities of Hiroshima and Nagasaki on August 6 and August 8, 1945. It was a war crime.
The summer blockbuster bio-pic “Oppenheimer“ does not tell this truth to the tens of thousands of people who have gone to see the movie. Historians have established that it was not necessary to stop the war because the Japanese were ready to surrender. Therefore the justification that it saved American lives because troops would not have to fight on the Japanese mainland is false. These two premises, that’s the bomb was necessary, and that it save lives is a lie obscured then, and carried forward until today.
The Cold War against Russia started on August 6 and August 8, 1945 when the US dropped two nuclear weapons on two Japanese cities to scare the Russians. The movie does not show the effects of the nuclear bomb. Between 200 and 300,000 old people, children and women were instantly incinerated. Hundreds of thousands got sick and died from radiation poisoning.
Oppenheimer was a great physicist and a humanist. Although, not a member, he sympathized with the U.S. Communist Party because of their anti-fascism, anti-racism, and union building.
He had second thoughts about what he did in developing the bomb and told President Truman in a meeting at the White House that he felt like he had blood on his hands and that in the future, nuclear weapons should be placed under international controls. Truman threw him out of his office, calling him a crybaby. Because of his association with the Communist Party, Oppenheimer was red baited, denied a security clearance, and ruined. He died age 62, a broken man.
The danger of red baiting in our country now is quite high. Trump is running on a platform, calling for American born socialists to be deported. The US Congress, with the support of many Democrats, overwhelmingly voted for a resolution denouncing what is it called “ the horrors of Socialism.“ Andrew’s Substack article
Guest – Andrew Cockburn, Washington DC-based journalist and author of Spoils of War: Power, Profit, and the American War Machine. Verso Books 2021. Washington Editor at Harper’s Magazine
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Peace Movement Attacks And A Renewed War With Korea?
Many political commentators believe the driving force behind growing U.S. actions and hostility towards China are being carried out in preparation for war with China; war with China if China cannot otherwise be contained as it more and more challenges the might and global reach of the United States. Indeed, China already now has the second largest economy in the world and is on track to soon surpass that of the United States. A McCarthyite redbaiting hit piece on the front page of the New York Times on August 6th, against the peace group CODEPINK, and others who are organizing against the growing demonization of China, is a particularly troubling sign. So, we will ask our guest: is a war with China inevitable? Does not the fact that China, as well as the U.S., are nuclear weaponized nations make such a war unthinkable?
We will also ask our guest Ann Wright about Korea. Korea, with its claimed right to possess nuclear weapons, has also been the target of administrations from both parties. The Korean War ended in 1953. And yet thousands of U.S. troops are still stationed in South Korea and, of course, there is still no peace treaty, no true formal ending of the war, and so the country still remains divided. And those who advocate for peace in Korea are also sharply criticized and redbaited by the U.S. government, and in the press.
Is a renewed war with Korea also a possibility? Col. Wright is also a retired U.S. State Department official, known for her outspoken opposition to the U.S. war in Iraq. Ann Wright received the State Department Award for Heroism, in 1997, for helping to evacuate thousands of people during the war in Sierra Leone.
Guest – Ann Wright is a 29-year US Army/Army Reserves veteran, a retired United States Army colonel and retired U.S. State Department official, known for her outspoken opposition to the Iraq War. She received the State Department Award for Heroism in 1997, after helping to evacuate several thousand people during the civil war in Sierra Leone. She is most noted for having been one of three State Department officials to publicly resign in direct protest of the 2003 Invasion of Iraq. Wright was also a passenger on the Challenger 1, which along with the Mavi Marmara, was part of the Gaza flotilla. She served in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Sierra Leone, Micronesia and Mongolia. In December, 2001 she was on the small team that reopened the US Embassy in Kabul, Afghanistan. She is the co-author of the book “Dissent: Voices of Conscience.” She has written frequently on rape in the military. VoicesofConscience
Hosted by attorneys Michael Smith, Jim Lafferty and Maria Hall
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CIA Sponsored Terror, Civil Liberties, Civil Rights, Human Rights, Targeting Muslims, Truth to Power
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Judge Rejects CACI’s Attempt To Dismiss Torture Case
In April 2003, the George W. Bush administration led an illegal invasion of Iraq based on lies about weapons of mass destruction. That war resulted in the deaths of hundreds of thousands of Iraqis. After the invasion, there was a mass roundup of Iraqis – primarily men and boys – with no plan or proper basis for detention. The United States then turned to contractors (mercenaries) to assist with interrogations and provide interpretation services, many of whom lacked proper training. Indeed, the U.S. wars in Iraq and Afghanistan were the most outsourced in U.S. history. It was against this backdrop that the horrors we all saw in the photos of Abu Ghraib happened.
In Iraq, unlike Guantanamo (and the CIA “blacksites”), there was never any question that the Geneva Conventions applied – and torture was illegal. CACI, a U.S. corporation, contracted with the United States military to provide interrogation services to the U.S. Army at Iraq’s notorious Abu Ghraib prison.
In 2008, Iraqi civilians Suhal Al Shimari, Salah Al-Ejaili, and Asa’ad Al-Zubae filed a lawsuit against CACI under the Alien Tort Statute seeking damages for the torture and abuse they suffered while detained at Abu Ghraib. The three plaintiffs allege that CACI employees conspired with and aided and abetted U.S. military personnel in subjecting them to torture; cruel, inhuman or degrading treatment; and war crimes, in violation of international law. A U.S. Army General called their treatment “sadistic, blatant, and wanton.”
On July 31, U.S. District Judge Leonie Brinkema in the Eastern District of Virginia rejected CACI’s attempts to have the case dismissed.
Guest – Katherine Gallagher is a senior staff attorney at the Center for Constitutional Rights, where she specializes in the enforcement of human rights, including the prohibition against torture. She is one of the attorneys who filed the lawsuit against CACI.
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Three of Newburgh Four Released
On July 25, a judge ordered the compassionate release of three of the so-called “Newburgh Four” — Onta Williams, David Williams, and Laguerre Payen. The men, who are Black Muslims from Newburgh, New York, were convicted and sentenced to 25 years in prison on terrorism charges in 2011.
In the July release order, US District Court Judge Colleen McMahon suggested that the FBI had “invented” a conspiracy. She said that FBI agents had used an “unscrupulous operative” to persuade the four to join in a plan to bomb a synagogue in the Bronx and fire Stinger missiles at military planes at Stewart Airport near Newburgh, New York. While bombs were, in fact, left outside a synagogue in the Riverdale section of the Bronx, they were fakes built by the FBI.
Guest – Kathy Manley, New York appellate attorney joins us to talk about this late-in-coming victory. Among her many victories was the 2015 case of People v. Diack, which struck down county and local sex offender residence restrictions throughout New York State. Kathy works with several civil rights groups, including the Coalition Of Civil Freedoms.
Hosted by Attorneys Heidi Boghosian and Marjorie Cohn
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CIA Sponsored Terror, Civil Liberties, Civil Rights, Criminalizing Dissent, Surveillance, Targeting Muslims, Truth to Power, Violations of U.S. and International Law, War Resister, Whistleblowers
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Lawyers You’ll Like – Attorney Mel Wulf
Mel Wulf died at age 95 on July 1, 2023. He was one of the great constitutional litigators of his time. He served as Legal Director of the American Civil Liberties Union for 15 years. Today we bring you a re-broadcast of an interview that attorney Michael Ratner, and I, Michael Smith, did with Mel 10 years ago for a segment we called Lawyers You’ll Like. It is a scintillating fast paced discussion with a relevance to our situation now
We’re joined today by Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years. As part of our Lawyers You’ll Like series, we talk with Wulf about his work with the ACLU during the early 60s, and also about the forming of the Lawyers Constitutional Defense Committee.
Attorney Mel Wulf:
- Phil Agee was a dissident CIA agent who spent decades working against the CIA, published a couple of books.
- He lost his passport because when the dissidents took over the embassy in Tehran in 1979, the New York Post carried a story accusing Phil of helping the students who’d invaded the embassy to put together all of that written material that had been shredded.
- It was another New York Post bald faced lie.
- The State Department, based upon that story revoked his passport.
- I had represented Phil Agee, I was his principle lawyer for 30 years.
- Agee was very widely disliked in Washington because he was well known to be a CIA dissident who disclosed the names of many CIA agents.
- If Snowden went the same route today, he would do even worse in this Supreme Court than I did. That’s why Snowden won’t get his passport, thanks to me.
- I was for the workers and not for the bosses and I’ve always been for the workers and not for the bosses, which I think is the distinguishing political factor in our world. Which side are you on?
- I got my Bachelors Degree in ’52 and I had a Navy Commission which I had gotten from the New York State Maritime Academy earlier on.
- The draft board sent me a 1A notice, I applied to Columbia and when I finished Columbia they sent me another 1A notice because the draft was still on. I spent 2 years in the Navy as a Liuetenant Junior Grade Officer in Southern California.
- I went to work at the ACLU in 1958 as the assistant legal director, in 1962 I was given the job of the legal director of the ACLU.
- I had actually been going down to Mississippi from 1961 to 1962, working with then one of the two black lawyers who were practicing in Mississippi.
- We tried a couple of capitol cases in Mississippi. I continued to argue the systematic exclusion of blacks from the jury.
- I finally got a case up to the Supreme Court on that issue.
- Lawyers Constitutional Defense Committee: We had several hundred lawyers who went down to Mississippi for periods of a week or two. They were representing people being arrested during the Mississippi summer.
- Most of the judges allowed these lawyers to make some sort of presentation.
Guest – Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years.
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Lawyers You’ll Like: Attorney Bill Schaap
Attorney Bill Schaap, who died in 2016, was a friend and colleague of Mel Wulf’s. Bill and his wife, Ellen Ray published the historic whistleblowing magazine “Covert Action Quarterly“ that exposed to CIA. Then they started Sheridan Square Press. They published a number of memoirs of former CIA agents who revealed the truth about the activities of the CIA. Ex-CIA agent Phil Agee was one of Sheridan Square Press authors. He wrote Inside The Company which exposed the names of some 200 CIA agents involved in nefarious activities in South America. Mel Wulf represented Agee for 30 years and unsuccessfully tried to get his passport back when the government had it taken away.
Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.
Attorney William Schaap:
- One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
- It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
- I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
- She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
- I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
- When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
- Once you learn that, you learn about the CIA.
- That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
- The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
- We were so successful that Congress passed a law against us.
- Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
- They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
- We thought if we identified these people, it might make their job a little bit harder, which it did.
- Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
- He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
- He was not the person discovering who the under cover people were, Lou Wolf was doing that.
- Phil wrote articles for us in every issue and we worked very closely with him.
- Once you start exposing these things, they really don’t have any defense.
- They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
- We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
- They would plant bugs in our attic in Okinawa, things like that.
- The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
- Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
- We were just tired of people thinking that if it was in the New York Times it must be true.
- The fact is that those people lie all the time.
- I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.
Guest – Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.
In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of media and intelligence.
Hosted by attorneys Michael Ratner, Michael Smith and Heidi Boghosian
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Civil Liberties, Civil Rights, Human Rights, Violations of U.S. and International Law
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The Desert and the Sea: 977 Days Captive on the Somali Pirate Coast
In 2012, journalist Michael Scott Moore went to Somalia to research a book on piracy. He was abducted by a gang of Somali pirates, who demanded $20 million from the US government. After protracted negotiations, and a payment of $1.6 million dollars, Moore was released—two and a half years later. His international bestseller, The Desert and the Sea, chronicles his 977 days in captivity.
More than a decade later, this past February, two men were convicted in federal court for helping to carry out his kidnapping.
On April 1, Michael sailed with a German rescue ship The Humanity I to write about migration across the central Mediterranean. In a recent piece published in Foreign Policy, Michael makes the connection between human trafficking and migration/asylum-seeking and pirating.
Guest – Michael Scott Moore, in addition to The Desert and the Sea, he has written the highly acclaimed book, Sweetness and Blood, about the history of surfing. He serves on the board of Hostage US, an organization that supports American hostages and their families.
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Nobody’s Victim: Fighting Psychos, Stalkers, Pervs and Trolls.
In January 2019 New York State passed a bill to outlaw “revenge porn,” joining 41 other states that have passed similar laws. Revenge Porn is the term for the non-consensual sharing on the Internet of sexually explicit photographs or videos. Victims say it can be as damaging as any other form of abuse, but without the legal protections.
Private images can follow victims for years, turning up when employers or romantic partners search for their names on the Internet.
But in New York, victims have experienced years of helplessness in the courts. Prosecutors could not charge offenders for a practice that was not illegal, and judges turned down appeals for help on the grounds of free speech, even while other states were enacting protections. Under New York’s new law, offenders can be punished by up to one year in jail.
The law also allows victims to sue the person who shared the revenge porn, which about a dozen other states also allow. And it would be the first in the nation to allow judges to order websites or social media platforms — in addition to the original poster — to take down the photos or videos.
Most have heard about high-profile instances of sexual images as blackmail or revenge have involving the rich and famous, such as singer Rihanna and actor Jennifer Lawrence. But it affects millions of people, from middle school students to Marines. As many as 10 million Americans have been victims of revenge porn.
Guest – New York Attorney Carrie Goldberg started a law firm to focus on defending victims of the practices. She has just come out with her first book titled Nobody’s Victim: Fighting Psychos, Stalkers, Pervs and Trolls.
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Civil Liberties, Civil Rights, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
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War Made Invisible: How America Hides the Human Toll of its Military Machine
From Afghanistan to Iraq and Syria and on to little known deployments in a range of countries worldwide, the United States has been at perpetual war for at least the past two decades. Yet many of these foreign wars remain off the radar of average Americans.
We speak today with author and political analyst Norman Solomon about his new book War Made Invisible: How America Hides the Human Toll of its Military Machine.
Solomon writes that since the attacks on 9/11, more than 20 years ago, first in the war in Afghanistan, and then Iraq, a hugely consequential shift in (United States) American foreign-policy was set in motion: a perpetual state of war that is almost entirely invisible to the public. Solomon exposes how this happened and what the consequences are, for military and civilian casualties, and the draining of resources at home.
Compliant journalist add to the smokescreen by providing narrow coverage of military engagements, and by repeating the military’s talking points. Meanwhile, the increased use of high technology, air power, and remote drones has put distance between soldiers and the civilians killed in action. Back home, Solomon shows, the cloak of invisibility masks massive Pentagon budgets and receive bi-partisan support even as housing, medical care, education, and infrastructure goes abegging.
Guest – Norman Solomon is cofounder of RootsAction.org executive director of the Institute for Public Accuracy. He’s written many books, but “ War Made Invisible“, is his first one in 15 years. Solomon founded the Institute for Public Accuracy in 1997 and is its executive director. Immersed in anti-war, social justice and environmental movements since the late 1960s, he is the author of a dozen books including “War Made Easy” and “Made Love, Got War.”
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Israel Attacks West Bank City of Jenin
On fourth of July, as we in the US heard fireworks, people in the Palestinian city of Jenin heard real gunfire and fled from real explosions. On July 3, a thousand Israeli Defense Force soldiers descended on the city, with helicopters, drones and bulldozers, to execute a two day bombardment that leveled the city, reduced its buildings to rubble, damaged hospitals, knocked out utilities, and left at least 13 people dead: 12 Palestinians and 1 Israeli soldier. At least 100 were wounded, and now thousands – about 80% of those living in the camp – are without shelter, water or electricity.
UN Secretary General Antonio Guterres immediately condemned Israel for using excessive force and harming civilians. He’s refused to retract his statement even under enormous pressure from Israel’s UN Ambassador, who called Mr. Guterres’ criticism, “shameful, far-fetched and completely detached from reality.”
A handful of Arab countries and a European Union envoy have also criticized Israel. But others… like the US? Well…. its silence speaks volumes.
Guest – Sandra Tamari is a Palestinian organizer and the Executive Director of Adalah Justice Project, a Palestinian advocacy organization that builds toward collective liberation through labor, cultural, and legislative campaigns. She holds a Master’s degree in Arab Studies from Georgetown University. In May 2012, she was jailed and denied entry into Palestine by Israel because of her work to encourage U.S. churches to divest from the occupation.
Hosted by attorneys Michael Smith and Maria Hall
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