Afghanistan War, Civil Liberties, Criminalizing Dissent, Human Rights, Iraq War, Prison Industry, Surveillance, Truth to Power
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Census Bureau Case: Johnson v. Locke
Earlier this year, thousands of people of color who applied with the 2010 Census were deemed ineligible or deterred from the application process. The Center for Constitutional Rights co-counsel Outten & Golden and others filed a federal lawsuit in the Southern District of New York against the Census Bureau for race and national origin discrimination in the hiring of temporary workers. In Johnson et al. v. Locke, CCR says that the U.S. Census Bureau’s practice of running job applicants’ names through the FBI criminal records database-a notoriously inaccurate and incomplete database-disproportionally excludes applicants of color and deters them from completing the application process. Basically, anyone with an arrest will not be eligible, including those arrested and not charged in a demonstration for example.
This practice directly undermines the Census Bureau’s self-avowed commitment to hiring temporary workers from within historically under counted communities, such as low-income people of color and immigrants.
African Americans, Latinos and Native Americans are subject to exceedingly disproportionate rates of contact with the criminal justice system, from disparate rates of stops-and-frisks and arrests, to higher conviction rates and harsher criminal penalties. Lawsuit Website.
Sam Miller:
- I’m one of the litigators of a class action lawsuit against the Census Bureau based on its hiring practices for those who would be doing the counting process.
- The Census Bureau eliminates virtually anyone who has ever been arrested.
- I was arrested for civil-disobedience and if I were to go to the Census and apply for a job and I were to get a letter that your name popped up on the FBI database, you have to get an official court record of your arrest and if you can’t do it. You’re out.
- You get a form letter that says you’re flagged for having some criminal record. Roughly one quarter of the adult US population has a record in the FBI database. The FBI database is flawed with an enormous amount of errors in it. It includes things like an arrest without a prosecution, juvenile records, expungments.
- Tens and even hundreds of thousands of people effected by hiring policy.
- This is what we call a disparate impact lawsuit. The challenge to the policy is, here you have a policy that is checking people’s criminal background and excluding them on the basis of that background. The discrimination occurs because of the enormous disparity that’s in the criminal justice process.
- I believe this is the largest employment discrimination case for many years. We’re talking about 700 thousand were excluded from these jobs, just on the basis of this form letter that went out.
- This information came to us in the Spring 2010 and we got the litigation underway as fast as we could.
- What were looking for now is to change their policy and practice. They can’t deny people employment based on arrest records where there’s never been a prosecution, there’s never been a conviction.
- We’re also asking for damages. We have a class of over 100 thousand people who should be compensated for the jobs they should have gotten. My concern is it’s the tip of the iceberg, that there is a broader problem within the federal government. We learned that the Census Bureau did it the same way 10 years ago.
- The standard question employers should is has there ever been a conviction, it should not be has there ever been an arrest because that’s irrelevant.
- My hope is that word of how completely outrageous the policy in the Census Bureau is gets up high into the government, whether its the Secretary of Commerce, the White House. Credit history is also a very significant issue that’s related.
- The New Jim Crow by Michelle Alexander – furthering the under caste.
Guest – Attorney Sam Miller, with co-counsel Outten & Golden. For more than two decades, he has represented plaintiffs in individual and class action civil rights cases.Prior to joining O&G in July 2009, Sam was the Legal Director at the Center for Constitutional Rights, where he directed a twenty-person legal staff in domestic impact litigation (including a recent victory against the New York City Fire Department based on class-wide race discrimination), international human rights litigation (including a recent multi-million dollar settlement against Shell Oil for human rights abuses and environmental degradation in Nigeria), and the Guantànamo Global Justice Initiative.
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FBI Inappropriately Tracked Domestic Advocacy Groups
In the last year we’ve reported on the FBI’s over-reaching authority in cases that profile Muslims and the use of informants to entrap people on terrorism charges. Now, in a report released by the Justice Department the FBI is exposed for inappropriately targeting left leaning groups after 9/11. Among those groups surveilled are PETA, Greenpeace and the Catholic Worker. In the case of The Catholic Worker, the OIG report concluded that the FBI inappropriately characterized” certain “nonviolent civil disobedience” as terrorism-related. The Catholic Worker is a group committed to “nonviolence, voluntary poverty, prayer and hospitality for the homeless.
The four year internal investigation “found no evidence that the FBI had any information at the time of the event that any terrorism suspect would be present at the event.” There are many other examples. The report concluded, that FBI Director Robert Mueller “unintentionally provided inaccurate testimony to Congress” in 2006 about an anti-war rally in Pittsburgh four years earlier. Download PDF Copy of Report
Thomas Cincotta:
- This report was prompted by media reports of FBI surveillance of domestic political organizations.
- These reports came to light through several FOIA requests. The report illustrates a really broad scope of authority that the FBI has right now.
- This report covers from 2001-2006. Sheds a lot of light on what the FBI is doing and what they’re characterizing these days as terrorism. There seems to be some disconnect with reality here because of who the FBI is choosing to investigate.
- Half of the report focused on the investigation of a pacifist group in Pittsburgh called the Thomas Merton Center.
- Why did the FBI focus on an anti war group? These terms forceful and violent spelled out in FBI policy, so there’s a lot of discretion to slap this terrorism label on their investigations which can be extraordinarily prejudicial to their targets.
- An example of the broad definition of terrorism, the FBI made a determination in the case of the Catholic Worker, that spilling human blood on the walls and an American flag were forceful acts and damage to government property. They are immediately put on the VGTOF. The VGTOF list is used by all of the screening centers and by TSA, Customs Bureau. . .
- There’s a complete disconnect here in what the common notion of what terror is is. Michael Ratner: This verifies what we been thinking about for 10 or 11 years.
- There’s an emphasis on ideology, which is a very sloppy way to do criminal law enforcement work. It has a very predictive quality. Meaning, organization X has said this, espouses this in its philosophy that means we can expect that intends to do Y. This report demonstrates we can’t trust the FBI to police themselves.
- We need mechanisms in place so when people are targeted unfairly by the government they can be held to account. Minnesota blog on RNC arrests.
Guest – Thomas Cincotta, Project director with the Political Research Associates. A criminal defense lawyer, he led the Denver chapter of the National Lawyers Guild in support of peace groups and others during the 2008 Democratic National Convention, and connected progressive lawyers with other community efforts around sentencing reform, immigrant rights, and police misconduct. He also represented migrant farm workers and served on the board of El Centro Humanitario, Denver’s first day laborer center. He currently serves on the NLG’s national board and international committee. Before becoming a lawyer, Cincotta worked as a labor representative for UNITE HERE Local 217 in Providence, Rhode Island.
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Afghanistan War, CIA Sponsored Terror, Criminalizing Dissent, Human Rights, Iraq Veterans, Iraq War, Targeting Muslims, Torture, Truth to Power, War Resister
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The United States and Yemen: Destroying Lives in the Name of National Security
We hear the voices of leading Yemeni activists and a Center For Constitutional Rights attorney speak on state violence, targeted killings, and human rights abuses enabled by the so-called “War on Terror” from the Brecht Forum event titled The United States and Yemen: Destroying Lives in the Name of National Security. The event was co-sponsored by the International Federation for Human Rights and the Brecht Forum. We hear first from Pardiss Kebriaei staff attorney at the Center for Constitutional Rights. Pardiss is working on a lawsuit to challenge a U.S. government kill-list and the targeting of a U.S. citizen now in Yemen and far from any armed conflict with the United States.
We hear from Tawakkol Karman chairwoman of the Yemeni non-government organization Women Journalists Without Chains, which campaigns for freedom of the press in Yemen and against human rights violations. She is a very prominent young activist, and Reporters Without Borders chose her in 2009 as one of the top seven women who have led change in the world. Karman is among the activists who in 2007 launched the “Phase of Protests and Sit-ins” in Yemen, holding regular sit-ins in the capital’s Freedom Square to demand democratic reforms and an end to human rights violations—including the harassment and imprisonment of journalists and dissidents, closure of critical newspapers, and censorship of news articles. A special thanks to Leili Kashani Education and Outreach Associate for the Guantánamo Global Justice Initiative at the Center for Constitutional Rights.
Also on the panel, to be heard soon, Ezz-Adeen Al-Asbahi, president of Human Rights Information & Training Center (HRITC), a non-governmental organization which seeks to enhance human rights in Yemen and the Arab World, focusing on the Gulf States in particular. HRITC has consultative status with the United Nations, offers training courses and forums on human rights, publishes a quarterly human rights magazine called Our Rights, and has published 30 books on law and human rights. Al-Asbahi is also the coordinator of a large regional network of human rights activists in the Gulf States and the Peninsula, and the president of a Yemeni network of human rights organizations which includes six Yemeni NGOs. A journalist and researcher, he has published eight books on literature and human rights. He is also the head of the civil society sector of the Supreme National Authority to Combat Corruption.
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Troops out of Iraq, Permanent Bases and Privatizing the Occupation.
While many reports claim most US troops are leaving Iraq, there will still be 50 thousand troops remaining, 4 thousand will be replaced by 7 thousand security contractors. These are armed private contractors, former military with specialized skills in weaponry, radar and explosives. They will have less accountability in war zones. Meanwhile, massive permanent US bases remain including the world’s largest US Embassy in Bagdhad, Iraq. As the occupation in Iraq is privatized, veterans return back to the US. We’re joined today by conscientious objecter and Executive Director of Iraq Veterans Against the War, Jose Vasquez. Jose joined IVAW in June 2005 and co-founded the NYC chapter serving as the president. He also served on the interim board of directors and was elected to the first official board in 2006. He helped organize numerous actions and events including the Veterans’ and Survivors’ March to New Orleans, Operation First Casualty in NYC, and Winter Soldier: Iraq and Afghanistan.
Jose Vasquez:
- IVAW is a membership based organization, we are all folks who’ve served since September 11th.
- We call for the immediate withdrawal of all occupying forces from Iraq. We also have the same resolution for Afghanistan. We also want reparations for the Iraqis and full benefits for returning service members.
- I signed up right out of high school, graduated in ’92. I went straight in to active duty, I served 4 years as a Calvary Scout. Got out went to school and the Army Reserves as a medic.
- I had been in the military for a while before September 11th. I had a pretty good understanding of what our relationship was to Iraq. It was confusing to me, I was facing deployment. I stumbled across Democracy Now and I just started listening to that show religiously.
- By 2004, I was so upset about the Iraq War, I didn’t care what happened, I was not going to this.
- I started researching conscientious objection, six months later I filed for CO status. It took 27 months to get an answer.
- The Obama Administration has a finger on the pulse in terms of marketing hope. What they’re skimming over is how contractors are on the ground (in Iraq)
- From the perspective of an Iraqi, Americans running around with guns has not diminished that much.
- I think we owe the people of Iraq a lot. This mostly has to do with the US positioning itself to access the resources that they have.
- Stop the deployment of PTSD troops
Guest – Jose Vasquez, Jose was born in Bronx, NY and grew up in Southern California from the age of nine. After graduating high school in 1992, he enlisted in the U.S. Army serving over four years of active duty as a cavalry scout assigned to the 2nd Battalion, 69th Armor Regiment, 24th Infantry Division at Fort Benning, GA, and the 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division at Schofield Barracks, HI. He was honorably discharged in December 1996 at the rank of specialist (E-4).
Civil Liberties, Criminalizing Dissent, Cuba, Human Rights, Iraq War, Targeting Muslims, Truth to Power
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Climate Ground Zero – Update with Jimmy Tobias
We get an update from Mountaintop Removal activist Jimmy Tobias. Jimmy was arrested this summer with others for using direct action to shut down a coal mining mountaintop removal effort in Virginia. He was held on a 3500.00 bail and later released. A New York Times editorial states that movement to slow down and stop the mountaintop removal mining in that area is gaining traction and the Obama Administration is restricting permits for mountaintop removal mining. Recent Action.
Jimmy Tobias:
- I’m in Rockcreek, West Virginia where the campaign houses are located. The campaign houses have a big role, but there a million other things people work on.
- At the moment we’re gearing up for a mass mobilization in Washington, that will take place between the 25 and the 27 of September. Appalachia Rising. We’re focused on bringing national attention to the issue.
- I’ve been loathe to put my faith in the EPA to solve these problems. Their actions have been really ambiguous. They go back and forth and its really hard to get a sense of the ultimate outcome of their actions (EPA)
- My passion is for the local organizing, because that will make it or break it basically. We have four campaign houses, a big outdoor kitchen, everyone eats together, organizes together, works on different aspects of the campaign. The civil dis-obediance campaign is called Climate Ground Zero.
- Coal River Mountain Watch, Sludge Safety Project, Mountain Justice.
Guest – Jimmy Tobias, activist and direct action protester against Mountaintop Removal.
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Blackwater Reaches Deal on U.S. Export Violations
The private security company formerly called Blackwater Worldwide has reached an agreement with the State Department for hundreds of violations of US export control regulations. The company now called US Training Services will pay the US government 42 million dollars in fines to avoid criminal charges on export violations. Violations include shipping weapons to Iraq hidden inside containers of dog food. There are other legal troubles facing Blackwater officials, but the company continues to obtain government contracts. Last June, Blackwater was awarded a 120 million dollar contract to provide security at a State Department regional office in Afghanistan and the CIA renewed the firm’s 100 million dollar security contract in Kabul.
Jeremy Scahill:
- This is a company that has been repeatedly involved with criminal activity, with murder and has gotten off scott-free. It has been shielded by its handlers at the State Department or at the DOD.
- The idea that this company can pay what amounts to 146 thousand dollars per violation is outrageous.
- The real meat of it is the murder they’re involved with, the human rights violations.
- What would it take for this company to be completely knocked off the US Government payroll?
- US operations in Afghanistan now, have become so dependent on Blackwater, both in the CIA and State Department. Eric Prince, the owner of Blackwater who has since fled to the United Arabs Emirates, which has no extradition with the United States. He moved there after five of his top deputies were indicted on conspiracy and weapons charges. This is a man who knows where the bodies are buried, he was working for the CIA, for the Joint Special Operations Command. They (Blackwater) could reveal details of action that would horrify the average American if they knew this was being done in their name.
- After 9/11, Eric Prince cut a deal with the number 3 man at the CIA, Alvin Buzzy Krongard. Find Fix and Finish Operation.
- There are also cases of I’ve heard of Blackwater working inside of Syria.
- Two former Blackwater employees, a man and a woman, the man worked in war zones, the woman worked on the financial side. They have filed a whistleblower case against Blackwater, alleging extrajudicial killings and bilking US taxpayers. Susan Burke recently deposed Eric Prince.
- Blackwater is involved with secret assassination programs in countries around the world, where we aren’t at war, where we aren’t informing those countries.
- The only serious challenges to Blackwater, aka Xe, aka US Training Services are people like Michael Ratner and Susan Burke. Bill: Stop Outsourcing Security Act.
Guest – Jeremy Scahill is the author of the international best-seller Blackwater: The Rise of the World’s Most Powerful Mercenary Army. He is a frequent contributor to The Nation magazine and a correspondent for the national radio and TV program Democracy Now! He is currently a Puffin Foundation Writing Fellow at The Nation Institute. Scahill has won numerous awards for his reporting, including the prestigious George Polk Award, which he won twice. While a correspondent for Democracy Now!, Scahill reported extensively from Iraq through both the Clinton and Bush administrations.
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Cuba Travel Ban
Will the Obama Administration come to a decision on how much to enable travel to Cuba. The Administration could simply reinstate President Clinton’s policy which is a costly case by case application or grant general licenses to the remaining 11 categories of travel to Cuba. General license would include schools, cultural institutions, Chambers of Commerce, religious bodies, World Affairs Councils, humanitarian organizations and more.
Sandra Levinson:
- The travel regs are not really travel regs. They are regulations set up by the US Treasury Department at the instigation of the US State Department. You can’t spend money in Cuba.
- President Carter lifted the travel ban, there were direct flights to Cuba during the brief time he was president.
- During the Clinton Administration, we were able to take a number of trips. Ban in effect for a number of rationales, we don’t wanna give money to Castro. It always surprised me that William F. Buckley was in support of ending the travel ban to Cuba.
- We can always do professional trips. I’m leading a trip for professional artists.
- Lawyers traveling to Cuba fall under the general license, it’s by assertion. You simply say as legal professionals you’re doing legal research.
- We’ve been to Cuba so much, our travel is not formal, it’s intimate.
- Although the food and medicine embargo was lifted several years ago, the regulations about payment are so tough on the Cubans, everyone else can buy on credit. The Cubans can’t, they have to buy up front, before a ship leaves US territory with the food, with the medicine.
- I fell in love with Cuba, I arrived on July 4, 1969. I was there for six weeks. Socialism with salsa.
- On the fifth day of my first trip, Fidel Castro taught me how to cut sugar cane. I think he is the one of the smartest leaders we’ve had in this hemisphere. I think he’s been in power that long, because we have not had relations with Cuba.
Guest – Sandra Levinson, Executive Director of the Center for Cuban Studies in New York City and Director of the Center’s Cuban Art Space. Facebook link
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Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Military Tribunal, Political Prisoner, Prison Industry, Supreme Court, Targeting Muslims, Torture, Truth to Power
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In the Land of the Free, a film by Vadim Jean
Director Vadim George joins us to discuss his recent documentary film “In the Land of the Free.” As many listeners may know, the Angola 3 are Robert King, Albert Woodfox and Herman Wallace. Each had arrived to the Louisiana State Penitentiary in the late 1960s. While in prison, and in contact with Black Panthers, the men helped build a prison chapter of the Black Panthers. They organized inmates to end systematic rape and violence and worked as jailhouse lawyers. The men have spent a combined century in solitary confinement in the Angola prison. Vadim’s powerful documentary explores the issues of accountability and examines the biases against the sentencing of African Americans compared to Whites and Latinos. The film is narrated by Samuel L. Jackson, and it’s noted toward the end, that there is a pending civil suit ‘Wilkerson, Wallace and Woodfox’ vs the State of Louisiana, ruled by the US Supreme Court and to go to trial based that their 30+ years in solitary confinement is “inhumane and unconstitutional”. This case could stop long-term solitary confinement in US prisons.
Vadim Jean:
- I was friends with Anita Roddick, she knew Robert King, and when she passed away in 2007, Robert King was one of the speakers at her memorial. They wouldn’t let me film in the prison.
- The Angola 3 came together in the New Orleans parrish prison in the 1970s.
- The criminals were put in with the Black Panthers and the Black Panthers educated the criminals.
- In the 1970s Angola was the bloodiest prison in America.
- Robert King was told why he was kept in solitary confinement after 25 years in CCR (solitary confinement)
- Because he was being investigated for the murder of Brent Miller, which happened when he wasn’t even in the prison. They’re incredible human beings. They’re strong men. They’re self educated, in prison.
- I think they have their side, the fact that they know they’re innocent, and that makes you strong, that’s made them incredibly strong. They refused to be beaten.
- Robert is free. His conviction was overturned in 2001. People have reacted strongly to the film.
- I’ve tended to make drama comedies. I made a completely mad film called Jiminy Glick in Lalawood with Martin Short.
- I made this film for Anita. (Anita Roddick) The Roddick Foundation.
Guest – Vadim Jean, began his career directing commercials for products such as Blockbuster Video, Woolworths, The Observer and Mercury 121 Mobile Phones. He then moved on to music videos for Elton John and Oasis before co-directing his first feature film, Leon the Pig Farmer (1992). For his work he won an Evening Standard British Film Award for Most Promising Newcomer, a Chaplin Award for Best First Feature at the Edinburgh International Film Festival.
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Law and Disorder Barack Obama Series – CCR Staff Attorney Shane Kadidal
We’re joined by Center for Constitutional Rights staff attorney Shane Kadidal to give us an overview on several critical topics we’ve been following over the years here on Law and Disorder. We look at what is happening in Guantanamo right now, the Obama policy of preventive detentions and the state of Habeas Corpus in the United States. In January of 2009 Barack Obama issued orders to close Guantanamo Bay prison. There was talk of transferring prisoners to a supermax prison in the United States. Military tribunals move forward for Guantanamo prisoners.
Shane Kadidal:
- What we won is the right to get into court and challenge the legality of your detention. CCR won that in 2008
- Obama gets into office and says he’s going to close Guantanamo Bay Prison in a year.
- Obama to set up expert agency to decide what to do with people in Guantanamo prison
- About 50 cases have gone forward and we (CCR) won 72 percent of the cases
- About 180 left in Guantanamo. Obama has improved physical conditions for detainees in Guantanamo, but they’re still stuck there. Nothing much has changed, we see stasis, there isn’t much political movement.
- About a month into the administration, the Obama Department of Justice says our position is the same as the Bush administrations on Bagram AFB prison
- We’re taking the same legal position about executive power as the previous administration – state’s secrets about rendition
- Six hundred people in Bagram right now. Bagram is an active war zone, can’t have courts interferring
- About 30 of the remaining 180 in Guantanamo will be charged. Most of the people brought there were innocent. The victim of profiling policies.
- General Stone says 400 of the 600 hundred in Bagram Prison have done nothing and should be released immediately. Task Force report on Guantanamo prisoners. 10 percent leaders of Al-Qaeda, 20 percent had a logistics role, others are low level soldiers. This is false.
- There are innocent people in Guantanamo, who have been there for 8 years.
- We still have a military commissions, an indefinite detention system. Lieberman proposing to strip citizenship from terrorism suspects so they can be interrogated without Miranda warnings.
- Moving Guantanamo Prison to Thomson Prison in Illinois.
- Obama as committed to removing checks on executive power
Guest – Shane Kadidal senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights in New York City. He is a graduate of the Yale Law School and a former law clerk to Judge Kermit Lipez of the United States Court of Appeals for the First Circuit.
Past shows with Shane Kadidal
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Surveillance, Torture, Truth to Power
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Puerto Rican Political Prisoner Released Today After 30 Years
Last week Puerto Rican community activist Carlos Alberto Torres was released from a federal prison in Pekin, Ill after serving 30 years as a political prisoner. Torres was convicted of seditious conspiracy – conspiring to use force against the lawful authority of the United States over Puerto Rico. Torres was punished for being a member of an armed clandestine organization called the FALN – Fuerzas Armadas de Liberación Nacional (English: “Armed Forces of National Liberation) which had claimed responsibility for bombings in Chicago that resulted in no deaths. He wasn’t accused of the bombings only of being a member of FALN.
In 1898 Puerto Rico was ceded to the US by Spain as war bounty in the treaty that ended the Spanish-American War. Still, the US has occupied it since. Torres was sentenced to 78 years in prison but used international law in his defense. Torres argued that the courts of the colonizing country may not criminalize captured anti-colonial combatants, but must turn them over to an impartial international tributnal to have their status adjudicated.
There was an outpouring of support to free Carlos. His attorney, National Lawyers Guild member Jan Susler of Chicago, notes, “Carlos is being released from prison due to the unflagging support of the Puerto Rican independence movement and others who work for human rights. The more than 10,000 letters of support from the U.S., Puerto Rico, Mexico and other countries sent a strong message to the Parole Commission.”
Jan Susler:
- Carlos got a disproportionate sentence, a punishment for who he was politically. He did 30 years, standing tall and maintaining his political integrity.
- People stop him on the street, and embrace him.
- The bombing in which he was accused of was only property damage. If he had killed or injured someone and convicted as a social prisoner, he would gotten a less sentence and served far less time.
- He was always treated more harshly than the other prisoners.
- Right after 9/11, the US rounded up political prisoners and put them in the hole for months.
- You’re always watched, you’re always monitored. Every prisoner has access to email, Carlos did not.
Carlos Torres:
Guest – Attorney Jan Susler joined People’s Law Office in 1982 after a six year stint as Clinical Law Professor at Prison Legal Aid, the legal clinic at Southern Illinois University’s School of Law. Her long history of work on behalf of political prisoners and prisoners’ rights includes litigation, advocacy and educational work around USP Marion and the Women’s High Security Unit at Lexington, KY. Her practice at PLO focuses on police misconduct civil rights litigation, which has lately included wrongful conviction litigation on behalf of people exonerated after serving many years in prison, innocent. Her work with the Puerto Rican Independence Movement and with progressive movements challenging U.S. foreign and domestic policies has been a constant throughout her 30 years as a lawyer.
Guest – Carlos Alberto Torres member of Puerto Rico’s independence movement and the longest-serving Puerto Rican political prisoner. He was convicted and sentenced to 78 years in a U.S. federal prison for seditious conspiracy – conspiring to use force against the lawful authority of the United States over Puerto Rico. He served 30 years, being released on July 26, 2010.
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CCR and ACLU Sue Obama Over Limits On Lawyers Seeking To Represent Suspect on Administration “Kill List”
The Center for Constutional Rights and the ACLU have filed a lawsuit challenging the Obama administration’s authority to use the military and the CIA to kill the radical Muslim cleric Anwar al-Awlaki. He’s an American citizen, accused of terrorism but hasn’t recieved a trial. He is believed to be hiding in Yemen. Because it would be against the law to challenge the government’s attempt to kill al-Awlaki, the lawsuit was filed against the Treasury department, that challenged a regulation that would require the Center and the ACLU to obtain its permission in order to provide uncompensated legal services for Mr al-Awlaki.
Vince Warren, the executive director of the Center for Constitutional Rights, argued that international law did not permit a government to kill people far from combat zones, and in the case of a US citizen, Vince said that such a policy also violates the Constitution’s Fifth Amendment — and is a dangerous precedent.
CCR Attorney Pardiss Kebriaei:
- The case that we filed last week was a challenge to a regulatory scheme under the Department of Treasury and OFAC which prohibits transactions with anyone designated as a terrorist by the government. That includes pro-bono legal services.
- Al-Awlaki is the subject of an assassination order by the president, ordering and authorizing the CIA and Special Forces to target and kill him.
- OFAC powers go back to the 1970s IEEPA, the International Emergency Economic Powers Act.
- All we have against this guy are allegations.
- The CIA, which is one of the agencies that carries out these killings has primarily used drones. We think that drones would be the primary way that this killing would be carried out.
Guest – CCR staff attorney Pardiss Kebriaei joined the Guantánamo Global Justice Initiative at the Center for Constitutional Rights (CCR) in July 2007. She provides direct representation to several of CCR’s clients at Guantánamo and helps coordinate CCR’s network of hundreds of pro bono counsel representing other prisoners. She also focuses on using international human rights mechanisms to bring international pressure to bear on the U.S. government and hold other governments accountable for their role in the violations at Guantánamo.
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CCR Attorney Legal Observer Arrested in Arizona Immigration Protests
Legal observers from the National Lawyers Guild and the Center for Constitutional Rights were arrested last week during mass demonstrations of protesters who opposed Federal law 287G, Arizona law SB 1070. What happened? CCR Legal Director Bill Quigley told the media, Arizona is starting to act like Mississippi in the civil rights days. Among those arrested were National Lawyers Guild officer Roxana Orrell and CCR staff attorney Sunita Patel.
Sunita Patel:
- It was my first time in Maricopa County. Sheriff Joe Arpaio is known for branding the most horrible incarnation of 287G and ICE police collaboration.
- 287G is the statute by which this program is authorized by Congress. He also has what’s called a secure communities program which allows for the identification of anyone who is a non-citizen through a finger printing system. 287G allows for local agencies to implement immigration law through a memorandum of understanding with the federal government.
- At the same time he implements what’s called “crime suppression sweeps” Where he takes his units and regular citizens to sweep through neighborhoods.
- I spent the night in jail, I hadn’t planned on it. It was really an honor to be in solidarity with the rest of the protesters. I was charged with obstruction of a highway and public thoroughfare and failure to obey a police officer. People in Arizona call it a war zone when it comes to immigration enforcement.
- Arizona has also become the site for a spark of incredible activism and the growth of an incredible human rights movement.
Guest – CCR Staff Attorney Sunita Patel with racial profiling, immigrant rights and other human rights litigation. Prior to her position at CCR, she held a Soros Justice Fellowship at The Legal Aid Society, Immigration Law Unit in New York where she represented immigrant detainees in removal proceedings and worked with criminal justice and human rights groups to create independent community oversight for detention operations through public accountability boards. Sunita is a former law clerk for the Honorable Judge Ivan L. R. Lemelle in the Eastern District of Louisiana.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Guantanamo, Habeas Corpus, Human Rights, Targeting Muslims, Torture, Truth to Power
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Lynne Stewart Heard A Death Sentence Today
As many listeners know Judge John G Koeltl sentenced defendant, Lynne Stewart: 120 months incarceration in the Danbury Federal Correctional Institution Connecticut on five counts to be served concurrently. Lynne Stewart is 70 years old, she’s a breast cancer survivor with other pending health issues. We’re joined by Vinie Burrows today, she is the UN representative for the Women’s International Democratic Federation and the founding member of the Granny Peace Bridgade. Vinie Burrows made powerful statements in her article titled Lynne Stewart Heard A Death Sentence Today that calls terrorism by its real name under the draconian Patriot Act.
Vinie writes, “over and over again in his remarks leading up to the sentencing, Judge Koeltl used the term “terrorist enhancement.” Those warning words bring up the specter of some of the nastiest aspects of the Cold War and its present re-incarnation in the Patriot Act which by expanding law enforcement’s surveillance and investigative powers represents a significant threat to civil liberties. Read the official text… “Uniting and Strengthening America by providing Appropriate Tools Required to Intercept and Obstruct Terrorism. The Sentencing of Lynne Stewart by Michael Steven Smith.
Vinie Burrows:
- Being at Lynne Stewart’s court hearing was useful to see the judge, to see the players, the 2 prosecuting lawyers and to see Lynne Stewart who made a marvelous opening statement. It was one of the great speeches before the bar
- I felt as he was reading, Judge Koeltl was responding to each dictate of the appellate court.
- We have to define terror. We can’t go by what the legislative, judicial and now executive define as terror. We’re looking in the wrong places for terror. A single mother with 3 children living in a shelter, she knows terror. When she doesn’t know where her next meal is coming from, that’s terror.
- When her home is foreclosed on, that’s terror, and of course our banks are the biggest terror of all.
- We can’t even think of Lynne Stewart when we talk of terror, she is a human rights defender. She’s been deprived of the ability to defend human rights.
- I think we have to go to “who are the terrorists?” who are the victims of terror?
- We have to talk about the state, the state usually the perpetrator of human rights violations.
- The state must recognize that poverty is a weapon of mass destruction.
- I think we need to talk about the Universal Declaration of Human Rights as a legal basis to mount some sort of appeal.
- Michael Ratner: This is the Time of the Toad (A Study of Inquisition In America)
- Lynne Stewart has another appeal against this severe sentence.
Guest – Vinie Burrows is an award-winning Broadway actress. She has been active at the United Nations Economic and Social Council on the issues of the status of women and Southern Africa. Burrows won the Paul Robeson Award in 1986. She was to appear in a show titled Sister! Sister! at the University of Delaware in Newark in November 1991. She was to be a panelist in the 2000-2001 African Diaspora lecture series at the Center for Ideas and Society in Riverside, California.
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Mountain Top Removal Activists Arrested For Direct Action In Virginia (Updated)
Last week 4 activists with Climate Ground Zero and Mountain Justice were arrested for using direct action to shut down a coal mining mountaintop removal effort in Virginia. Two of the 4 activists locked themselves to heavy machinery in the coal mining pit and were later arrested. The activists say they are drawing public attention to the dangers associated with the Brushy Fork Sludge Impoundment, which contain up to 8 billion gallons of toxic coal waste. The area is unstable, Brushy Fork’s foundation is built on a honeycomb of abandoned underground mines. If the foundation were to collapse, as others have, the toxic slurry could engulf communities nearly 14 miles away, according to Marfork Coal Co.’s emergency warning plan. Meanwhile, one of the activists, Jimmy Tobias was still in jail during this interview and is now released.
Dea Goblirsch:
- Mountain top removal is a destruction form of coal mining that uses explosives, that blow up the tops of mountains to get to the coal seams beneath. It’s cheaper and more efficient than underground mining, it also employs fewer miners.
- So far there have more than 800 miles of peaks flattened. They also take the rubble from the tops of mountains and dump it into nearby valleys. They are called valley fills. The creation of the valley fills cover up the headwater streams.
- A lot of these valleys feed into water systems that supply water to the Eastern United States.
- Brushy Fork is the largest earthen dam in the Western Hemisphere.
- Coal River Mountain was the highest elevation in the area that hadn’t been mountaintop removal mined.
- You can’t always see mountain top mining from the roadside, they tend to keep a veil of trees.
- The work we’re doing is primarily civil disobedience and direct action. Tree sits within the blast range. Bails and sentencing are widely uneven.
- Community groups to start sustainable energy initiatives in Appalachia, we see this happening in Kentucky, and Virginia and other parts of the coal mining region.
- A woman publicly slapped Judy Bonds, the director of Coal River Mountain Watch.
- A strip miner threatened to slit the throat of a child
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Katie Huscsza:
- We attached ourselves to the high wall miner (equipment) for 4 hours.
- Me and Colin were charged with trespassing, conspiracy and obstruction.
- There are around 30 people this summer actively working to stop mountain top removal.
- We I first learned about it (MTR) I almost didn’t believe that something so awful and destructive could be taking place
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Guest – Dea Goblirsch with Climate Ground Zero and Katie Huscsza, also with CGZ had locked herself to highwall coal mining machines, arrested and released on bail.
Music interludes in this segment by Canton Becker
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