Law and Disorder April 25, 2011

Updates:

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Court Vindicates Prisoners in Right to Challenge Federal Experimental Isolation Units Restricting Communication

Last month, the Center for Constitutional Rights won the right for prisoners to challenge a violation of their constitutional rights. Prisoners in 2 experimental federal prison units called “Communications Management Units” or CMUs, will have their claims heard in court.  About 70 percent of CMU prisoners are Muslim men.  Judge Urbina agreed that the prisoners raised serious constitutional questions about CMUs.  The Center for Constitutional Rights filed Aref v. Holder in the D.C. District Court on behalf of current and former prisoners of the units in Terre Haute, IN and Marion, IL; two other plaintiffs are the spouses of those prisoners.

As many listeners may know, these CMUs were secretly opened under the Bush administration in 2006 and 2007. They were designed to monitor and control the communications of certain prisoners and to isolate them from other prisoners and the outside world.  The five plaintiffs in Aref were designated to the two CMUs despite having relatively or totally clean disciplinary histories, and none of the plaintiffs have received any communications-related disciplinary infractions in the last decade.

In addition to heavily restricted telephone and visitation access, CMU prisoners are categorically denied any physical contact with family members and are forbidden from hugging, touching or embracing their children or spouses during visits.

Attorney Alexis Agathocleous:

  • We’re very troubled about policies and conditions at these units. A number of the restrictions imposed at the CMUs are severe. They are truly cutting people off from their loved ones, they’re community and the outside world
  • Blanket ban on physical contact, unparalleled to any other single unit anywhere, including Supermax.
  • We feel this needlessly impinges on their right to family integrity and their need to maintain these ties to the outside world.
  • What we’re challenging is that there is no due process attached to designation to these (CMU) units.
  • Without a disclosure of factual allegations that were used to designate them, without a demonstration of past abuse of communication devices, without a hearing, without an appeal. Once you’re there, no one is told how to earn their transfer to get out. Our clients have benign or in some cases perfectly clean histories.
  • What is happening is that Muslim prisoners are being designated there, based on the discriminatory belief that as Muslims they inherently pose a great danger to institutional security, than do other prisoners.
  • We’re very concerned also about a pattern of designation of political prisoners and specifically includes environmental and animal rights activists.
  • We do believe these are acts of retaliation for protected First Amendment activity, such as speaking out on social justice issues.
  • What we’ve asked for in the case is a thorough review of polices and practices in the CMUs.
  • What’s next is we’re going into discovery, which is our opportunity to learn a lot more about the CMUs, about their inception, who was involved in designing them and why and about how designations are made.
  • CMUs were opened quietly.

Guest – Alexis Agathocleous, staff Attorney at the Center for Constitutional Rights and works on CCR’s Government Misconduct and Racial Justice docket.  He is lead counsel in Aref v. Holder, challenging policies and conditions at the federal Bureau of Prisons’ Communications Management Units, and Doe v. Jindal, challenging a Louisiana law that requires individuals convicted of Crime Against Nature to register as sex offenders.

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Financial Regulators Failed: Crooks Go Unpunished

Last week, the Securities and Exchange Commission Friday charged Goldman Sachs & Co. and one of its executives with fraud in a risky offshore deal backed by subprime mortgages that cost investors more than $1 billion. The SEC also contends that Goldman allowed a client, Wall Street hedge fund Paulson & Co., to help select the securities to be sold. Paulson in turn bought insurance against the deal and when the securities sank, losing nearly all value, Paulson then made a $1 billion profit.

While these are not criminal charges, the recently released 650-page report of the Senate Permanent Subcommittee on Investigations, Wall Street and the Financial Crisis (PDF) had exposed the deceptive and risky practices within major financial institutions, that deceived clients and the public.  New Economics Perspective Blog

Professor William K. Black:

  • Many people still call it the subprime crisis, it would be far better to call it, the liar’s loan crisis.
  • Roughly half of all subprime loans by 2006.
  • Somewhere between a quarter and 49 percent of new home loans, were in the form of liar’s loans.
  • The incidence of fraud when there have been independent studies has ranged from 90 to 100 percent.
  • A liar’s loan is when there is no underwriting, no verification of what’s put into the loan application.
  • Overwhelmingly, it was the lenders who put the lie is liar’s loans.
  • You can sell these loans in the secondary market if they appeared to have 2 characteristics that finance has told us you can’t have simultaneously.
  • A premium interest rate and low risk. You could have the best of both worlds. The way to do that was to gimmick two ratios. Debt to income ratio and loan to value ratio.
  • Inflating the value of homes, covered up by industry. An honest secure lender would never inflate value.
  • It makes perfect sense for a fraudulent company to inflate the value of the house so they can sell the loan on the secondary market for a higher profit.
  • Then Attorney General Cuomo, now governor found this as a common practice at Washington Mutual, the biggest bank failure.  WAMU had a blacklist of appraisers, you were blacklisted if you refused to inflate value of property. None of these people are being prosecuted.
  • In 2004, the FBI testified there was an epidemic of mortgage fraud and predicted that it would cause a financial crisis.
  • The Savings and Loans debacle cost 150 billion, the current crisis is costing over 10 trillion.
  • The Office of Thrift Supervision, Chainsaw James Gilleran
  • Instead of being embarrassed that they were working hand in glove with the lobbyists, they were proud of this and put this in their annual report.
  • Geithner and Cuomo urged there not be investigations much less prosecutions of the elite financial frauds because he thought the financial system was too fragile.
  • The Justice Department ruined an FBI initiative to try and investigate the elite frauds.
  • If you are powerful enough, if you have enough ties, after citizens united, and make enough political contributions, you will not be prosecuted.
  • You can’t have crony-capitalism and democracy either.
  • Big finance is only supposed to be a middle man, it’s supposed to help the real economy, by simply allocating most efficiently capital to the most productive uses.
  • Like any middle man you want absolutely minimal profits going to the middle man.
  • Under some measures, finance has 40 percent of the total profits of all American businesses.
  • This is the worst group of people you can possibly imagine having power.
  • We’ve turned too many of our schools into fraud factories, where we train people how to gimmick accounting.
  • Citizen’s United is a fragile case, it doesn’t make much sense in terms of the law.
  • What these people are, engines for destroying wealth
  • They only get 10 billion, they destroy 10 trillion dollars in wealth. They cost 10 million Americans their jobs.

Guest –  William K. Black, a professor of law at University of Missouri, Kansas City who has criticized the absence of any criminal referrals or national task force to effectively punish the elite fraudsters.  Professor Black teaches White-Collar Crime, Public Finance, Antitrust, Law & Economics.

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Law and Disorder April 18, 2011

Updates:

The Muslim Peace Coalition and the United National Antiwar Coalition

Last week, activists took to the streets in a mass anti-war demonstration in the streets of New York and around the country. We talk with one of the organizers. Imam Abdul Malik Mujahid, founder of the Muslim Peace Coalition who joins us to discuss his work as executive producer of Chicago’s Radio Islam.  He’s among the most well-known Muslim activists in the country and has recently completed a 3 state tour having addressed dozens of mosques demanding an end to the ongoing attacks and spying on Muslim communities.

Malik Mujahid:

  • 700 thousand Muslims have been interviewed by the FBI. Most of the mosques have been checked out for atomic bombs.  What they think is a Muslim could be a brown skinned guy, who is Hindu, or could be Latino.
  • Once you start doing injustice in one group, it doesn’t stay in one group. At this moment there’s quite a bit of inhumanity toward undocumented workers which are in larger numbers.
  • The personal cost is very high. A Yale University research, says that 50 percent of Arab Americans have clinical signs of depression. Muslims are last to hired and first to be fired.
  • People can get out of this when they realize there’s a criminalization in the inner city.
  • Latinos the largest minority in this country lives in a state of fear, becaust they may be mistaken for undocumented and green card holder.
  • 75 Pecent of Latinos stopped or arrested for suspect of documentation actually are quite legal citizens from several generations.
  • The whole thing is based on a myth that Muslims were responsible for 911 and the continued terrorist attacks.
  • War and terrorism are connected through occupation. We say that the hate in the country is rising, we’re becoming an unwelcoming nation. I visited the 1199 in New York and I was surprised how welcoming they were.
  • 2.5 million Americans became new gun owners last year.

Guest – Imam Abdul Malik Mujahid is founding Chairman of Sound Vision Foundation, the leading producer of educational content on Islam and Muslims. He is also executive producer of the daily Radio Islam talk show on WCEV 1450 AM in Chicago. Imam Mujahid serves as Chair of the Council for a Parliament of the World’s Religions, the premiere interfaith organization in the world. He is former Chairperson of the Council of Islamic Organizations of Greater Chicago.

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Queer (In)Justice: The Criminalization of LGBT People in the United States

We’re joined today by two of the three authors of book titled Queer (In)Justice: The Criminalization of LGBT People in the United States. Joey Mogul, director of the DePaul Civil Rights Clinic and partner with the People’s Law Office, and Andrea Ritchie, a Police Misconduct Attorney.  The criminalization of LGBT people is explained in the book with acute detail and historical research.  The book reveals that continual targeting of queers by law enforcement is not an accident  but part of a larger systemic issue.  The cases covered in this searing book show how the legal system routinely discriminates against those identified as queers.  But there’s more to it than that, other factors such as poverty, race and class also make them a target. We learn more about the book and how this discrimination is viewed within the mainstream gay community.

Attorneys Joey Mogul / Andrea Ritchie:

  • The term trans-gender is an umbrella term, that is inclusive of gender identities.  It encompasses people who are born with a particular genitalia, but whose gender expression or identity is different from their anatomy.
  • We use the term criminal legal system because the system has produced anything but justice for people who fall under the umbrella of LGB or T.
  • Sometimes its a cop writing you a ticket for disorderly conduct, because they perceive your expression in a public space to be disorderly.
  • Once they get to the police precinct and they don’t know which box to check, that can result in being searched. Not for any lawful purpose as contraband, weapons but to determine what your anatomy is because they feel like that’s relevant in which box to check for you.
  • What we’re seeing nationwide is police officers unsure of someone’s identity, police stations nationwide have no guidelines in determining someones gender. What we’re seeing is these genital checks.
  • There have been transgender women who’ve been searched in San Francisco, who’ve not only experienced these humiliating strip searches but then have been forced to dance or masterbate, in front of these officers.
  • They want to humiliate and punish based on their gender identity.
  • Really things are getting better for a small minority of LGTB and the vast majority end up facing these patterns of criminalization.  In the court systems, we’re seeing individuals whose sexual orientations or gender identity is being used against them.
  • Archetype of queers as a security threat.  We talk about prisons as queer spaces in that, we see prisons being used as a tool to say that gay people are the predators.
  • My home is the People’s Law Office. The work I do is police and government misconduct cases and I do death penalty cases. But I’m queer. I do hold myself out to the queer community and I do get these cases.
  • Walking While Trans. One encounter with a cop can change your whole life.
  • It’s really important for us to reach out to Guild Members, this is state sponsored homophobia and trans-phobia.

Guest – Attorney Andrea Ritchie,  is a police misconduct attorney and organizer in New York City.

Guest – Attorney Joey Mogul, a partner at the People’s Law Office in Chicago and director of the Civil Rights Clinic at DePaul University’s College of Law. She  focuses on civil rights cases involving police misconduct, criminal cases brought against individuals engaged in street demonstrations and other forms of First Amendment expression, and capital defense cases.

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Law and Disorder April 4, 2011

Updates:

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In Memory of Attorney Leonard Weinglass

Hosts remember one of the great civil rights attorneys, Leonard Weinglass from his early years as a lawyer in the Air Force to his big cases.  Michael Smith shares a great anecdote. Len vigorously defended a black soldier and upset the Air Force brass. They sent him to Iceland for 2 years. Much later in the late fifties,  he moved to Newark, NJ, set up a one man office and represented black people in police abuse cases.

The remarkable and heroic progressive lawyer Len Weinglass died on March 23.  Among his cases were the Chicago 8, the Ellsberg case and the Cuban 5.   He was our close comrade and will be missed by his friends and all those seeking a better world. – Michael Ratner.

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A Poem for Len Weinglass by Linda Backiel

Almost Ready

“I have everything almost ready for the spring,”

you said. Brush cut, brambles cleared, new trees

planted. A lop-sided smile flit across your silver

stubble beard, a late winter field momentarily lit

by a break in a fleet of migrating clouds.

click for more

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Universal Jurisdiction: Attorney Wolfgang Kaleck

Co-host Michael Ratner interviews attorney Wolfgang Kaleck, German civil rights attorney and General Secretary for the European Center for Constitutional and Human Rights. They discuss the effectiveness of Universal Jurisdiction cases. The cases that helped international human rights prosecutions.  Specifically the cases in Argentina against corporations that profited from dictatorships and human rights abuses and how Argentina can be used as a model to bring cases against other powerful leaders or corporations.  Optimism overcomes cynicism, Wolfgang says its not easy, it’s work bringing cases against the powerful of the world.

Attorney Wolfgang Kaleck:

  • I have the privilege to work on behalf of Germans and Argentinian victims of the Dirty War between 1976 and 1983 in Argentina.
  • The Argentinian cases and the Chilean cases were the most important phase in universal jurisdiction.
  • We filed cases in Germany, Italy and France.
  • The idea to file Argentinian and Chilean cases in European courts was not to try Argentinians and Chileans in Europe but to impose accountability in Chile and Argentina.
  • That’s what people call the Pinochet Effect.
  • In 2005 and 2006 when the amnesty laws were abolished. If you go to Buenos Aries now you will observe military junta tribes from Monday to Friday and you will police officers, military leaders, torturers, guards.
  • At this point, special prosecutors and parts of the civil society are demanding an investigation and prosecution into crimes committed by corporations who aided and abetted the dictatorship, or who profited from the dictatorship.
  • The history in Argentina, 30 thousand people disappeared, 100 thousand were tortured.
  • The human rights movement in Argentina was so strong, that they maintained a certain presence, a certain public attention.
  • For us, Argentina is like the blue print. They inspired the human rights movement not only in Europe
  • I filed a case at Mercy Dispense because in Buenos Aires, 15 trade unionists were disappeared. We filed the criminal case in Germany against a German-Argentinian manager who had duel citizenship which allowed us to bring the case in Germany. Then we filed a case in the US, an alien tort claims which is still pending. We filed a case in Argentina which is still pending.
  • One line is to blame the torturers and the torturer leaders, we want to talk about why these human rights violations have been committed. Why the Argentinian military took the decision to oppress their populations and our explanation is that they wanted to install a political and economic system which needed the extermination of the trade unionists.
  • Actually to demand accountability and do these investigations is trauma work. Society that hasn’t dealt with its past has some problems in the present. Argentina is worth studying as an example.
  • Universal Jurisdiction is showing its limits. So far it was very difficult to bring cases against the powerful of the world.
  • The suspicion that the criminal justice system is just another tool of the powerful against the powerless,
  • We have to try to bring cases against the powerful, Russian, China, the US, or Sri Lanka or Israel, who all undertake actions to avoid prosecution.
  • We are very optimistic that some investigation will be carried out in Spain but some people are over-pessimistic, because even now, we achieved that several former US officials, or from the CIA or from the Army, or politicians can’t travel anymore, without running the risk to be arrested.
  • We achieved something, I’m also not satisfied from it but still its more than we thought possible.
  • President Bush wanted to go to Switzerland.
  • It’s always an argument against those cynical people who say nothing is possible. Yes there is, something is possible. We do have to struggle to maintain this, the whole international criminal justice system is at stake.

Guest – Attorney Wolfgang Kaleck, a German civil rights attorney. He is also the General Secretary for the European Center for Constitutional and Human Rights. On November 14, 2006, Kaleck sought criminal prosecution charges in German court against a number of US officials and military personnel in connection with alleged human rights abuses at the prison facilities at Abu Gharib and Guantanamo Bay on behalf of eleven plaintiffs. Approximately 30 human rights activists and organizations participated as co-plaintiffs

Law and Disorder March 21, 2011

Updates:

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In Memory:

The remarkable and heroic progressive lawyer Len Weinglass died on March 23.  Among his cases were the Chicago 8, the Ellsberg case and the Cuban 5.  Listen to the 4 interviews Law and Disorder did with him over the last 4 years.  He was our close comrade and will be missed by his friends and all those seeking a better world. – Michael Ratner.

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Death Penalty Abolished In Illinois

Last week, Governor Pat Quinn of Illinois signed into law SB3539, which repeals the death penalty in that state. This development is yet another in what appears to be signal a trend of moving away from capital punishment. Early last year we covered the American Law Institute’s declaration that the death penalty in this country has been a failure. Listeners may recall that the A.L.I. created the intellectual framework and justification for the current capital justice system. The movement away from this most final form of punishment seems to be due in large part to the public’s increased awareness about its inherent flaws such as great racial disparity on who gets executed and for what reason. Publicity around exonerations stemming from DNA evidence has also added to general awareness of procedural errors in the system.

Attorney Charles Hoffman:

  • In 2003, Governor Ryan cleared out death row, he granted to the 167 men and women on death row and pardoned four.
  • that prompted the legislature to pass a modicum of reform. The governor afterward assembled a commission that recommended 85 reforms.
  • The legislature passed five or six.  The legislature also created a death penalty reform study commission.
  • One of the reforms was that all confessions in police custody had to be videotaped in murder cases.
  • No matter what safeguards you implement, there’s no system that can prevent the conviction and condemning of an innocent person.
  • Prosecutors around the state were asking for the death penalty in cases that weren’t death penalty prosecutions just so the state would bear the costs rather than the county.
  • The legislature is cash-strapped and we were wasting millions and millions of dollars prosecuting capital cases when here in Illinois we have the very strict alternative of life without parole.
  • Final Report: Death Penalty Legislative Study Committee. Illinois Death Penalty Reform Study Commission PDF
  • After Governor Ryan cleared out death row in 2003, Illinois put 17 men on death row. 2 had committed suicide, which left 15 on death row when Governor Quinn signed the abolition bill and also granted sentence commutation to all 15. He commuted their death sentences to life without parole.
  • As the problems with the death penalty have been exposed, the arbitrariness, the racism, as mistakes have gone into public consciousness, juries have been rejecting the death penalty.
  • Illinois has become the 16th state to abolish the death penalty, following on the heels of New Mexico, New Jersey and New York. The federal government and the military do have it.
  • The “deathbelt” in this country is in the South and Texas, and is just a legacy of slavery in this country.
  • Most executions occur in former slave states. One obvious flaw of the death penalty, studies have shown the death penalty is most likely to be inflicted in a case when the victim is white and the odds go up even further if the defendant is black or Hispanic.
  • Its very gratifying to get rid of this barbaric practice. I represented 35 men and women who were sentenced to death. I do the direct appeals. I’ve had one client executed, I’ve had one client go home.
  • Some states have made illegal purchases of the drug. (lethal injection drug shortage)
  • Some states are using just one drug, a massive overdose of a barbiturate.
  • Life without parole is very draconian, it means there’s no prospect for rehabilitation.

Guest – Assistant Defender in the Supreme Court Unit at the Office of the State Appellate Defender, and member of the board of directors of the Illinois Coalition to Abolish the Death Penalty.

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Communities Battle Against Gas Drilling To Protect Water, Way of Life

Environmental community groups from New York, New Jersey and Pennsylvania continue to band together and try to protect the Marcellus Shale watershed from natural gas drilling and hydraulic fracturing. The EPA has stated it will investigate how hydraulic fracturing impacts water supplies and water quality in New York State yet the drilling moratorium ends this June.  The shale is believed to hold some of the world’s largest deposits of natural gas, and those that want to mine this resource say it will reduce dependence on foreign oil and boost the economy.   However, many have shown this statement to be false as the natural gas from the United States is being sold to foreign countries such as Norway and France.

Ninety percent of the New York City’s drinking water comes from ground zero of where various oil companies want to drill into the Marcelle Shale for natural gas. Environmental and public health costs are enormous for each well. Every time a well is drilled, the companies use an estimate of 5 to 9 million gallons of water. Each time a well is fractured, it’s another 5-9 million gallons of water, a well can be fractured multiple times.  Up to 275 different toxic chemicals are used in the process and after the well is drilled, there are millions of gallons of industrial waste, it’s essentially radioactive water.  40-70 percent of this water stays underground. The hydro-fracturing process has no federal regulating body.  Some of the companies involved are Halliburton, Chesapeake Energy, Fortuna, and Talisman Hess.

Tracy Carluccio:

  • My organization has been working on the issue for a few years to try to keep gas drilling from moving ahead.
  • Right now there is a moratorium in place on the Delaware River Watershed. It took a year and a half to get that into place. Regulatory measures that are in place now for gas drilling are not doing their job.
  • The bottom line is we’re facing an industry that wants to move ahead.
  • The industry is very strong. There are international concerns.
  • They’re backed by the government in many ways, they enjoy subsidies.
  • This industry is going to move like heck to drill everyplace gas can be gotten.
  • The Delaware River Watershed has its origins in the Catskill region of New York State.
  • The east and west branches come together in Hancock, New York.
  • 330 miles from Hancock to the Atlantic Ocean.
  • The watershed is 13 thousand square miles and includes four states. It’s overseen by an agency that was born out of water wars.
  • Back in the 1950s, all the states were suing each other about who would get water for development.
  • In 1961, there was a Supreme Court decree and compact and President Kennedy signed a document that began the Delaware River Basin Commission. As a result of this compact, a large part of the Delaware River goes to New York City.
  • There have been regulations federally (Represented by the Army Corp of Engineers) and regionally laid out by the Delaware River Basin Commission
  • New York moratorium on gas drilling is tied to late June when there is supposed to be a new draft of the Draft Supplemental Generic Environmental Impact Statement on high volume hydraulic fracturing.
  • In order to crack the rock to get at the gas is intrinsically polluting and there’s no way out of that.
  • The question of how to stop it is tied to the scientific analysis free from bias.
  • Without that bottom up movement, without that cry for government regulators, the industry would be moving ahead exactly as planned.

Guest – Tracy Carluccio, deputy director with Delaware Riverkeeper Network. Delaware Riverkeeper –  a watershed wide advocacy program, Delaware Riverkeeper Network takes a strong stance on regional and local issues that threaten water quality and the ecosystems of the Delaware River and its watershed. In fact, Delaware Riverkeeper Network is the only advocacy organization working throughout the entire Delaware River Watershed.

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Farmworkers, Consumers Protest Trader Joe’s Demanding Fair Labor Standards for Farmworkers

Late last month, a busload of farm workers from Florida joined members of the NYC Community Farm worker Alliance at Trader Joe’s Upper West Side store.  Men and women who pick tomatoes under very harsh conditions demand to be treated more humanely and with improved farm labor wages. Our own Michael Ratner was at the demonstration, we hear some of the interviews.

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Law and Disorder March 14, 2011

Updates:

Wisconsin Labor Demonstrations Update

Organized labor is in the cross-hairs  to be taken apart by the American elite.  Last month, 10 thousand people continued a multi- day occupation of the Wisconsin State Capitol building while tens of thousands chanted outside. Meanwhile the country is gripped by the drama unfolding in Wisconsin and it has inspired unions in other states to move in solidarity. Among those states are Montana, Indiana, Ohio, Michigan, Pennsylvania and New Jersey.  Listeners may remember that Wisconsin trade unions have already conceded to wage and benefit cuts.  Now the state is voting to repeal Section 11170,  the Public Employee Bargaining Chapter.   Update: Wisconsin GOP Allows State To Fire Employees For Strikes, Walkouts

Attorney Lester Pines:

  • Governor Walker is clearly a stocking horse for the far right wing of the Republican Party.
  • I’m not surprised at his behavior, he behaved this way as a Milwaukee County executive.
  • I told people he was going to try to repeal section 11170 which is the Public Employee Bargaining Chapter
  • What’s at stake is an attempt by the governor and the legislature to strike at the heart of the Wisconsin tradition of organized labor.
  • Public employee bargaining has been in Wisconsin for 50 years. This is an attempt to tear apart generations of how Wisconsin operated.
  • On a federal level, this is an attempt to wipe away outside groups that democratic and progressive candidates.
  • Wisconsin has a bi-annual budget. The legislation is part of budget repair bill. In that legislation is a bill to eliminate all collective bargaining for all municipal and school district employees as well as for state employees.
  • There will be no bargaining if this bill passes. The only thing that can be bargained with is wages.
  • The bill also imposes a cap on wages. These are designed to essentially make it impossible for public employee unions to function in any meaningful way.
  • Scott Walker didn’t talk about what he would actually do.
  • If we look at the mass demonstrations in Madison. These are the biggest demonstrations I’ve ever seen here.
  • Impeachment is impossible because Republicans control the legislature and Senate, however he can be recalled.
  • The Democrats can’t be arrested in a criminal sense,
  • Governor Scott Walker has reignited the progressive movement in Wisconsin.
  • Until you get these Republicans out of office they’re going to do a lot of damage. They’re nihilists. They care nothing for public services.  They care only for what their corporate puppeteers want them to do.
  • It looks like this whole anti-public union movement was actually planned out amongst all these new governors.

Guest – Labor attorney Lester Pines, in practice since 1975, he leads the Litigation area, concentrating in civil trials, criminal defense, labor & employment, and business.  A Fellow in the American College of Trial Lawyers, Mr. Pines is a highly respected civil and criminal litigator who has appeared in courts throughout Wisconsin and litigated federal matters in Wisconsin, Illinois, Iowa, Ohio and New York.

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Human Rights Crisis Continues In Puerto Rico

More than a year ago nearly 100 thousand people took to the streets of San Juan, Puerto Rico to protest the lay off of about 17 thousand public employees. The demonstration shut down all state-owned enterprises including the island’s schools and colleges. Two days before that strike the governor passed a bill aimed at dismantling the Bar Association. Protesters were warned that if they stopped commerce, particularly the docks and airports, that action would be sanctionable to federal law. Now, as human rights violations continue, as students and faculty demonstrate against dismantling of progressive curriculum and tuition hikes.  ACLU of Puerto Rico, “Human Rights Crisis in Puerto Rico: First Amendment Under Siege.” Law and Disorder Interview with Judy Berkan October 2009

Attorney Judy Berkan:

  • Wholesale attack on institutions of Puerto Rican society where any dissent could be lodged.
  • The Puerto Rican Bar Association, a real forum for those without a voice.  Attacks have come to the Bar Association, elimination of mandatory Bar membership and imposed draconian restrictions upon the Bar Association. They took away a great deal of our funding.
  • The president of the Puerto Rican Bar Association was jailed for speaking out against a lawsuit that could take away life insurance from poor lawyers.
  • There’s a one month prohibition on leafleting and expression in the University of Puerto Rico.
  • The closing of the legislative chambers.  Right now there is a US Department of Justice investigation and talk of a trusteeship of the police department here.
  • The use of the tactical operations of the police to repress dissent has been intensified.
  • All of our public spaces are being closed off to legitimate dissent, while people engaged in peaceful dissent are being attacked.
  • Austerity: Part of the remedy of the economic crisis there was an increase in tuition of 800.00. But much more at stake.
  • More than that there is question of the vision the University of Puerto Rico will take in the future.
  • The emphasis appears to be on privatization as it is throughout the government. We been suffering these programs since 2009.
  • We were the guinea pigs. There’s more violence here, if we occupied the state house here, we would’ve been met with pepper spray, gas and beatings as we were when we attempted to demonstrate outside the state house last June.
  • The economic programs are really the model that’s being used by Republican governors in the US
  • The University situation is really wallowing in the wind without a real solution.
  • The Bar Association and their presence is very crucial to public debate in Puerto Rico.
  • I think people are getting tired, we do have 2 more years left of this administration.
  • The police department is still in the hands of a former FBI agent who has openly encouraged violence against protesters.  We have a raging crime rate.
  • What’s distressing for all of us here who care about these matters is the media black out in the United States.
  • Are we training people to be managers at McDonald’s or are we training people to think about the future of Puerto Rico?

Guest – Attorney Judith Berkan, is a partner in the San Juan law firm of Berkan/Mendez.  She specializes in government misconduct litigation and employment discrimination cases. Berkan worked as an attorney in New Haven, Connecticut before going to Puerto Rico as the staff attorney for the Puerto Rico Legal Project of the National Lawyers Guild, now the Puerto Rico Civil Rights Institute.  For twenty-seven years, she has been teaching, primarily in the Constitutional Law area, at the Inter American University Law School in San Juan, Puerto Rico.

A frequent speaker and author of many articles on civil rights issues, she was the President of the Human Rights Commission of the Puerto Rico Bar Association in the mid-1990?s and a member of the Commonwealth Supreme Court’s task force on gender discrimination.

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Left Forum 2011

The 2011 Left Forum convenes this Spring, March the 18 to the 20th.  This is the largest annual conference of a broad spectrum of left and progressive intellectuals, activists, academics, organizations and the interested public. Conference participants come together to engage a wide range of critical perspectives on the world, to discuss differences, commonalities, and alternatives to current predicaments, and to share ideas for understanding and transforming the world.

Guest – Stanley Aronowitz Distinguished Professor of Sociology at CUNY Graduate Center, where he is Director of The Center for the Study of Culture, Technology and Work. He has taught at Staten Island Community College, University of California-Irvine, University of Paris, Columbia University, and University of Wisconsin.

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Law and Disorder March 7, 2011

Updates:

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Middle East Protests – Israel / Palestine

Uprisings have continued to sweep through the middle east from Tunisia, Egypt, Libya, Bahrain, Yemen, Iran, Iraq and China.  Economic hardships and desperate living conditions are partly the cause for some of the mass protests. In one article describing the Wisconsin protests, the journalist wrote, there were many voices this last month that raised the cry, “We are all Egyptians!”

Governments are said to be scrambling to squelch popular dissent. How will these protests begin to reshape countries in the middle east and and what government structures are standing by to replace decadent tyrannies and corrupt monarchies?  How are Palestinians in Gaza and the West Bank responding to the massive dissent in nearby Arab countries?

Ali Abunimah:

  • The events over the past weeks have been historic and we still don’t know how they’re all going to play out.
  • The aspirations of Tunisians, Egyptians, Libyans, Jordanians, Palestinians are very clear.
  • What remains to be seen is if they succeed in completing the revolutions. There is a strong counter-revolutionary push, not just from old regime elements but also from the United States.
  • The mass uprising was sudden, but its important to know that there were Egyptian activists risking their lives for many many years to lay the ground for the uprising.
  • The upper echelons of the Army are fully implicated in the old regime.
  • You have a parade of Americans going to Egypt trying to minimize any shift in the region away from the Israeli-American axis and more into an independent orbit.
  • The only guarantee is the continued mobilization of Egyptian people, of Egyptian workers.
  • One of the myths in the American media is that this uprising is entirely about internal domestic issues.
  • The Rafah crossing into Palestine needs to be open permanently, the situation at the border normalized.
  • Egypt’s revolution and Israel: “Bad for the Jews”  Ilan Pappe, The Electronic Intifada, 14 February 2011
  • The view from Israel is that if they indeed succeed, the Tunisian and Egyptian revolutions are very bad. They make the Israeli occupation and apartheid policies in Palestine look like the acts of a typical “Arab” regime.
  • The war in Gaza probably could not have been carried out without Egyptian complicity.
  • In Palestine, the complete death of the peace process. The Palestine Papers – revealed by Al Jazeera.
  • You can’t have functioning democracy and normal politics under Israel’s occupation.
  • Your rights are not given to you from above, you have to fight for them.

Guest – Ali Abunimah, a Palestinian American journalist and author of One Country, A Bold Proposal to End the Israeli-Palestinian Impasse and a co-founder of The Electronic Intifada,  a not-for-profit, independent online publication about the Israeli-Palestinian Conflict. Born in Washington D.C., he spent his early years in the United Kingdom and Belgium before returning to the United States to attend college.

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Cracks In The Neo-Liberal Empire

Political unrest in North Africa continue to ripple through the Middle East with some of the biggest anti-government demonstration yet in Bahrain.  Meanwhile, the protests in Libya have turned deadly as the regime’s military has killed hundreds of demonstrators.  New York Professor of Middle Eastern and Islamic Studies and History Zachary Lockman joins us with an analysis on the mass protests. In Egypt, Lockman says the old political parties in Egypt have no credibility.

Professor Zachary Lockman:

  • Egypt: There were huge labor strikes going back to 2008. One of the groups that launched on January 25, called itself the April 6 youth movement – called itself that because there was supposed to be a big general strike of textile workers in 2008.
  • The tremendous demand from Egyptians which help fuel the uprising, for some kind of change to the neo-liberal economic policies that Mubarak regime implemented 20 years ago.
  • Egypt back in the 50s and 60s under the Nassir government carried through a series of social reforms.
  • The largest estates held by the largest land owners were broken up, and millions of landless peasants even if they didn’t get land, they could farm some land and have reasonable security.
  • Those kinds of things were rolled back in the 1990s under pressure from the IMF and the World Bank and with the approval of US government.
  • Which means these farmers were kicked off the land in large number and ended up having to move to the cities in search of work for meager wages.
  • Much of the public sector was privatized at fire sale prices to cronies of Mubarak.
  • This is an opportunity when millions of Egyptian workers see an opportunity to create their own independent trade union movement.  One doesn’t want to downplay the heroism of the young people who took to the streets on January 25.
  • Mubarak was told to go by the generals who were told to preserve as much of the regime as possible in the face of this popular uprising. The generals now running Egypt are products of the Mubarak regime.  The danger is that we’ll have the Mubarak regime without Mubarak.
  • There is a new independent federation trade union being established in different industries. (Egypt)
  • If there is something that approaches a more representative, democratic government, that government will be less likely to take orders from Washington in the way that Mubarak was very happy to.
  • We’ve been waiting for something like this for decades, and in Egypt’s case for 30 years.
  • It opens up dramatic new possibilities on a world scale.  That boogieman of Islamic threat used to justify autocratic regimes which has been used across the region, is still there but as we’ve seen in Egypt and elsewhere, it’s time to put it aside.
  • Since the 1970s, Saudi Arabia which has been on the defensive of more nationalist Pan Arab forces asserted it’s influence to buy friends and intimidate enemies and has been the bulwark of this conservative autocratic origin in the region.

Guest – Professor Zachary Lockman, New York Professor of Middle Eastern and Islamic Studies and History. He is the  author of many books including Contending Visions of the Middle East: The History and Politics of Orientalism and “Explorations in the Field: Lost Voices and Emerging Practices in Egypt, 1882-1914.”Background:  My main research and teaching field is the socioeconomic, cultural and political history of the modern Middle East, particularly the Mashriq. Under the influence of the “new social history” and “history from below” movements of the 1960s and 1970s, I did my doctoral dissertation on the emergence and evolution of a working class and labor movement in Egypt from the late nineteenth century until the Second World War; it was published in 1987 in a book co-authored with Joel Beinin.  Harvard University, Ph. D., 1983.

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