Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Military Tribunal, Supreme Court, Torture, Truth to Power
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Kagan “Loves” the Federalist Society
Hosts discuss Elena Kagan’s background with Francis Boyle, Professor of law at the University of Illinois. Boyle is author of “Tackling America’s Toughest Questions.” In his article titled – – Supreme Court Pick: Kagan “Loves” the Federalist Society, – – Boyle notes Kagan explicitly endorsed the Bush administration’s bogus category of ‘enemy combatant,’ whose implementation has been a war crime in its own right. He also writes that “Kagan has actually said ‘I love the Federalist Society.’ Almost all of the Bush administration lawyers responsible for its war and torture memos are members of the Federalist Society. Read – Dean Elena Kagan: Harvard’s Gitmo Kangaroo Law School — The School for Torturers
Law Professor, Francis Boyle:
- She has fully defended the hideous Bush atrocities, civil rights, human rights, civil liberties.
- No retreat or abandonment of the Bush positions.
- She (Kagan) did write this tome in the Harvard Law Review, equivalent to the Federalist Society, unitary executive power theory of the presidency.
- She’d be a total disaster on the cases that really count for the future of the US Constitution and the Bill of Rights.
- She’s a neo-conservative and has no qualifications to speak of.
- (She) hired Jack Goldsmith, author of torture memos and helped set up kangaroo court system in Guantanamo. We are still fighting Kagan supporting the Bush war on terrorism.
- Kagan stated on National Public Radio on December 22, 2009, “I Love The Federalist Society”
- Obama and his people know that Kagan will be the spear carrier for presidential powers on the Supreme Court
- This is a very dangerous time for the future of our republic and Constitution. The statement that she cares for the common people. . . she’s an elitist snob.
- There she is promoting globalization at Harvard Law School?? Hiring people to teach “globaloney” just to lick the boots of Larry Summers? While dean at Harvard Law School, she was moonlighting at Goldman Sachs payroll.
- This is all incredibly incestuous. Unlike Bush who wasn’t a lawyer, Obama taught Constitutional Law at the University of Chicago Law School, he should know better.
Guest – Professor Francis Boyle, A scholar in the areas of international law and human rights, Professor Boyle received a J.D. degree magna cum laude and A.M. and Ph.D. degrees in political science from Harvard University. Prior to joining the faculty at the College of Law, he was a teaching fellow at Harvard and an associate at its Center for International Affairs. He also practiced tax and international tax with Bingham, Dana & Gould in Boston.
He has written and lectured extensively in the United States and abroad on the relationship between international law and politics. His eleventh book, Breaking All the Rules: Palestine, Iraq, Iran and the Case for Impeachment was recently published by Clarity Press. His Protesting Power: War, Resistance and Law has been used successfully in anti-war protest trials.
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In Memory of Attorney Rhonda Copelon
Hosts talk with Cathy Albisa, executive director of the National Economic and Social Rights Initiative. about the human rights legacy of Rhonda Copelon. Rhonda had a huge influence on changing international law for human rights. She founded the International Women’s Human Rights Law Clinic.
Lawyers You’ll Like series with Rhonda Copelon. Part 1 / Part 2.
Attorney Cathy Albisa:
- I worked with Rhonda at CUNY, we both co-counseled with CCR on a couple of cases.
- I met Rhonda on a car ride, a 25 hour car ride. We spent 25 hours talking about human rights in the United States. Rhonda had a huge influence on NESRI
- Rhonda never stopped lamenting Harris v McRae, she was still furious and outraged.
- The assumption embedded in that case is the court is saying, we’re not responsible as a society, the poverty of this woman. Copeland Fund For Gender Justice. Rhonda thought it was critical that a progressive gender perspective be embedded into some body of work that really looked at these gender issues in a cross cutting way, that understood the relevance of poverty, the relevance of race, the relevance of sexual minorities.
- Rhonda was not a wealthy woman, she was a law professor and saved her money. She gave 1 million dollars for this fund and that was everything. The case that she says always saved my life was Filártiga v. Peña-Irala.
- She founded the International Women’s Human Rights Law Clinic. What she did with that clinic is challenge the traditional model of human rights law coming out of the United States.
- She made no claims of being objective, she was on the side of victims, of people with similar politics to her own.
- This changed international law. Rhonda: Don’t disregard the banal, the ordinary things that actually represent deep violations.
- The way Rhonda went about things, she merged intellectual capital with a strategic ferocity and personal good will and relationship building.
- She thought it was very important that people understand they’re part of a broad social justice and human rights movement.Cathy Albisa joins us today to talk about her work with the National Economic and Social Rights Initiative and Rhonda’s work as legal adviser to the Women’s Caucus for Gender Justice.
Guest- Cathy Albisa, is a constitutional and human rights lawyer with a background on the right to health. Ms. Albisa also has significant experience working in partnership with community organizers in the use of human rights standards to strengthen advocacy in the United States. She co-founded NESRI along with Sharda Sekaran and Liz Sullivan in order to build legitimacy for human rights in general, and economic and social rights in particular, in the United States.
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Civil Liberties, Criminalizing Dissent, Human Rights, Iraq War, Torture, Truth to Power
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Citizen’s Battle Against Haliburton Gas Drilling Heats Up
Environmental community groups from New York, New Jersey and Pennsylvania gathered last week in Philadelphia, pulling together strategies to protect the Marcellus Shale watershed from natural gas drilling and hydraulic fracturing. 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. The environmental and public health costs are too high say opponents. They point out that gas drilling causes increased runoff because the water used in drilling won’t be returned to streams.There will be more erosion, water quality will worsen. The lesson is clear from other locations that had the same drilling. Near the Jonah gas field in Wyoming, there was a drop in wildlife of 50%, an increase in crime, loss of businesses, a drop in property values, accidents like wildfires, more traffic, and a greater need for emergency services are some of the impacts of gas drilling. Damascus Citizens Man lights tap water on fire – video
Late last week, the EPA stated it will investigate how hydraulic fracturing will impact water supplies and water quality in New York State. The Upper Delaware River Watershed Basin is the source of pure water for 20 million people in Philadelphia, New York City and half of New Jersey. 171 products and 245 chemicals are used among millions of gallons of water and sand. Halliburton’s gas well drilling process is now exempt from the Safe Drinking Water Act, The Clean Air Act and The Right To Know Act.
Susan Blankensop:
- I live in New York City and I have a part time residency in Pennsylvania.
- In January of 2008, some neighbors of mine starting speaking about these land-men who were coming around the neighborhoods speaking to private land owners, and offering them money for their mineral rights under their land.
- It was all secretive, they said don’t tell your neighbor because I’m offering you a better deal.
- Then we started hearing about this Marcellus Shale and natural gas deposits, hydro fracturing and horizontal drilling. They’re offering 3500.00 an acre with 18 percent royalties.
- Haliburton is the company that developed Hydro-fracturing is where they drill down into these deep shale levels. They go vertically down about a mile then bore horizontally and start setting off mini-explosions. Other companies involved – Chesapeake Energy /Fortuna – Now Talisman Hess
- Explosions – a high velocity mixture of water, chemicals and sand, creating fissures, then the gas escapes up the well. Each time they drill a well, they use an estimate of 5 to 9 million gallons of water, just to drill one well. Each time they fracture a well, it’s another 5-9 million gallons of water, and they can fracture a well multiple times.
- Huge amounts of water, where are they getting the water? Huge amounts of chemicals, 275 different toxic chemicals. After they drill the well, they end up with millions of gallons of industrial waste, this radioactive water. 40-70 percent of it stays underground.
- 90 percent of the New York City’s drinking water comes from ground zero of where Haliburton wants to drill into the Marcelle Shale for natural gas.
- MILLIONS OF ACRES HAVE ALREADY BEEN GIVEN UP FOR DRILLING
- The land owners stand to gain from this, but everybody is going to be affected by the contamination of the water. It’s going to turn the countryside into an industrial zone.
- TIMETABLE: In New York State, they’re (drilling companies) are waiting for the DEC guidelines.
- However, the EPA, came out with a statement, saying that those guidelines were totally inadequate. (No long term, cumulative effects of contamination) The hydro-fracturing, has no federal regulating body.
- Movie Documentary – – Gas Land, Directed by Josh Fox
- Organizing – at this point – stay as local as you can. Each area is different.
- Natural gas burns relatively cleaner than oil and coal, but it’s still a hydrocarbon. It’s still polluting, and the extraction process is highly contaminating.
- NYH2O – Events: Thursday, April 1, 2010 at 7 PM / John Jay College, Gerald W. Lynch Theater /899 10th Avenue @59th Street, NYC
- Symposium and Public Programs for Natural Gas – April 14-15, Cooper Union
Guest – Susan Blankensop, public speaker and member of Damascus citizens a non-profit advocacy group.
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Left Forum: How to Make a Revolution in the US
We hear from our own co-host Michael Smith and Historian Paul LeBlanc who spoke at the Left Forum panel titled, How to Make a Revolution in the U.S. Paul teaches history and political science at LaRoche College.
Historian Paul LeBlanc:
- One percent of the families own 40 percent of the wealth, top 20 percent own 80 percent of the wealth.
- Economic power translates into political power. This is an international reality, this inequality of wealth and power. A revolution involves flipping this.
- So that there is an equal share of wealth and power. An economic democracy that is equal in power throughout the world. The oppressed workers no longer accepting the rulership over them, that’s a revolution and that’s what we need. We have crisis, and capitalism generates crisis.
- The movie Children of Men, shows global demonstrations, but they didn’t change the balance of power in society.
- People who are struggling for social change, can be co-opted by those who have power to repress, make adjustments. We have to oppose Imperialism, extraction industries, for those who own and control multi-national corporations, which exist not to meet the needs of the people of the Earth but to maximize profits for those who have economic power.
- They will do WHATEVER is necessary to maintain power and profit. They’re doing it in Iraq and Afghanistan and threatning to do the same in other regions.
- We have a responsibility to oppose that. Building anti-war movement. I think I’m going to die before we make the revolution. We need to replace Capitalism.
- They thought Obama would end the wars. Obama wanted to be president of the United States empire.
- Anti-war movement weakened. There is a lack of cadre. People who know how make a leaflet, organize a meeting. Who know how to use a series of meetings that will result in a demonstration, and that demonstration will be part of an overarching strategy, that will build an increasing militant and radical majority. We need to develop cadre. A strategic perspective that fights for victories in the here and now.
Speakers – Michael Steven Smith and Historian Paul LeBlanc. Professor LeBlanc graduated from University of Pittsburgh – B.A., M.A., Ph.D. He’s written many books including, “Black Liberation and the American Dream” (2003) / “U.S. Labor in the Twentieth Century” (edited with John Hinshaw, 2000) / “A Short History of the U.S. Working Class” (1999) and “Rosa Luxemburg: Reflections and Writings” (1999)”
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Civil Liberties, Criminalizing Dissent, Gaza, Human Rights, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture
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People v Bush, Charlotte Dennett
Today we talk with former Vermont Attorney General Candidate Charlotte Dennett. Listeners may remember Charlotte ran for office of Attorney General on the platform that if elected she would immediately undertake the prosecution of George W. Bush for the unnecessary deaths of Vermont soldiers in Iraq. The strategy was to establish jurisdiction in the cases for Attorneys General in each state as outlined in The Prosecution of George W. Bush for Murder, written by former prosecutor Vincent Bugliosi. Charlotte Dennett didn’t get the votes to become Vermont’s new attorney general. Now, a year later Charlotte describes from an inside perspective the “accountability movement” in her new book titled The People v. Bush. Is impeachment or prosecution still off the table?
Charlotte Dennett:
- If we don’t act on them now, then the impunity will get worse, we have to clamour for Cheney’s prosecution. We’ve got to keep the pressure on the department of justice. We know that the Spanish prosecutors have done that.
- I’ve come to realize that Obama’s mantra that we have to move forward and not look backward is really translated into: Don’t Prosecute.
- Brennan who was involved with crafting torture policy is playing a role advising Obama not to prosecute.
- It’s up to the accountability movement to step forward. There are going to be major events on March 20th, the anniversary of the war on Iraq.
- In my book the People v. Bush, I’ve got 10 pages in the appendix of all the different resources that people can turn to, to pressure Congress, sign petitions.
- The first half of the book is about my campaign for attorney general in Vermont, where I pledged to prosecute Bush for murder. I also lay out the evidence of how we can still do this, we can still do this by the way.
- I became hooked on accountability, this is a struggle for democracy and the soul of our nation.
- The book also looks at how the Obama Administration deals with the crimes of its predecessors.
- I have to tell you Michael Ratner, you were one of the first people to start raising the alarms (Obama Administration). My book shows the gradual shock and disillusionment of his supporters.
- People are upset that John Yoo, is doing talk shows, he showed up on John Stewart recently (OUCH)
- Regarding Sen. Leahy of Vermont: I tracked his effort to put together a truth commission and not prosecution. There were 37 towns in Vermont, that in their town meetings, voted for impeachment.
Guest – Charlotte Dennett, is an author and attorney who resides in Cambridge Vermont. She and her husband, Gerard Colby, have lived in Vermont since 1984. Charlotte has been practicing law since 1997, representing injured Vermonters in negligence, medical malpractice and wrongful death cases, as well as civil rights litigation and family law, and has argued before the Vermont Supreme Court.
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Lawyers You’ll Like: Center For Constitutional Rights Legal Director, Bill Quiqley
This week, CCR Legal Director Bill Quigley joined Law and Disorder hosts during a marathon 3 hour fund raiser for Pacifica’s WBAI. Bill talked about his trip to Gaza during Operation Cast Lead, his recent trip to Haiti and his death penalty work in Louisiana.
Bill Quigley:
- I went to Gaza with activist Audrey Stewart and Kathy Kelly, an International Peace Activist.
- We went over there, a year ago January, while the bombing was still going on. We were on the Egyptian side of the border where we could see the bombing of Gaza
- There were constant drones going over head, they had aerial balloons that were doing surveillance. It was sort of like a sociopath beating a baby. There was no defense, there was no anti-aircraft, people were literally sitting ducks.
- In my life, it compared to a time when one of my clients was being executed, in death row in Louisiana. To see the apparatus of the state, move into action, very calm, step by step.
- Then with full force and the respect of state behind it, pull on a switch and my client was no more. (at that time) It was a surprise that anyone in the U.S. would support the Palestinians.
- Death Penalty: there really is a community of deathy penalty advocates who train themselves how to communicate with juries. It is trending in the right direction by it still continues as a terrible tool, that the state has an opportunity to use when they choose to.
- Stop and frisk case update: New York is fighting this every step of the way. The term they use to justify this is: Furtive activity
- Culture of Intimidation: If young men don’t look at them the way they want to be looked at, if people don’t recognize their presence with the kind of respect that the police department thinks that they’re entitled to by the mere fact that they’re wearing a uniform and carrying a weapon.
- It is something that clearly could stop if the message was sent from the top.
- But clearly something has a green light from the top to engage in this. Authoritarian order that inconsistent with law and order, with the constitution.
- Endemic: If you have a society that values violence, the violence we institute around the world, the way we support Israel, the way they deal with Palestine. If we value deep racism, then what else what would we expect from a police or a military. The police and military are tools of a violent and racist regime.
- Part of our job is to re-educate police officers. We are going to be engaged in this activity over again, in every city in the country in varying degrees. The root problem is that we have a racist and violent criminal justice system, education system, a racist and marginalizing housing system, employment system.
- Most people don’t have the educational opportunities to know what’s going on with Haiti, Gaza, Iraq and even within our own country. Haiti: You could travel for miles and see no indication that international community even cared about what happened in Haiti. Most people were under a sheet or a blanket, could break some of the sun.
Guest – Bill Quigley. Bill is the Legal Director for the Center for Constitutional Rights, a national legal and educational organization dedicated to advancing and defending the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Bill joined CCR on sabbatical from his position as law professor and Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans. He has been an active public interest lawyer since 1977.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Gaza, Human Rights, Prison Industry, Truth to Power
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The War Before: The Story of Black Panther and Political Prisoner Safiya Bukhari – By Laura Whitehorn
We’re delighted to have political activist and former Weather Underground member Laura Whitehorn back with us to talk about her new book titled, The War Before. In the book about Laura introduces us to Safiya Bukhari, a member of the Black Panther Party in the late 1960s. The War Before traces Safiya’s life’s commitment of organizing around the rights of the oppressed. Through Safiya’s personal writings, we hear her unique perspective of what had happened to the Black Panther Party and her personal insights into the incarceration of outspoken radicals. Safiya, herself a longtime political prisoner and jailhouse activist, died in 2003. It was at the request of Safiya’s daughter Wonda Jones, that Laura assembled and edited the War Before.
Laura Whitehorn/Sundiata Sadiq:
- When I was first in prison there was no library. Nothing. Whoever we were as political prisoners, we would have met Safiya. When she got out of prison in 1983, she made it her business to go and fight for every political prisoner in this country, that she could get to who wanted to be part of a movement to free political prisoners.
- Safiya: The fight for the freedom of political prisoners can’t be separate from the fight against repression in general whomever that is effecting. If she were alive today, I’m sure she would have been at the rally for Fahad Hashmi and fighting for the rights of immigrant detainees.
- Safiya: Political prisoners will continue to arise if people oppose the government.
- This book began with Wonda Jones (Safiya’s daughter) Wonda in some ways has been working on this book for her entire life.
- Safiya was aware all the time that the “freedom and democracy” that this country promotes as its image only exists on the suffering of so many people. Her politics were a challenge to the government all along, her being was a challenge.
- Some of these are essays, some of these are speeches. Safiya was investigating, she was questioning, she was willing to look at herself, what each of us brings into a movement. There is a connection between her humility, her honesty and her commitment.
- Sundiata: I became close to Herman Ferguson and Safiya.
- Laura: I was in prison when Jericho was founded.
- Sundiata: I was asked to get Sofiya into the Sing Sing Prison to talk to the brothers.
- They had to remove her (Safiya) uterus because of fibroids.
- In the February issue of the Monthly Review we have an excerpt of Sofiya’s chapters. It’s about post traumatic stress symptoms in the Black Panther party. When I was putting this manuscript together and re-read it, I thought, I would like people to read this book from beginning to end.
Guest: Laura Whitehorn – revolutionary ex-political prisoner and native New Yorker Laura Whitehorn. Since the 1960s Laura was active in supporting groups such as the Black Panther Party, the Black Liberation Movement and was active with Students for a Democratic Society and the Weather Underground. Laura also worked to expose the FBI’s Counter Intelligence.
Guest – Sundiata Sadiq. (Walter Brooks) He is a leading member of the Free Mumia Abu-Jamal Coalition in New York City and was a close friend of Safiya Bukhari for many years. Sudiata has been politically active since the late sixties, and he was also the president of the Ossining, New York Chapter of the NAACP.
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Educators for Mumia Abu-Jamal: Johanna Fernandez
The U.S. Supreme Court recently re-opened the possibility that Pennsylvania may execute award-winning journalist and world-renowned “Voice of the Voiceless” Mumia Abu-Jamal. The high Court referred his case back to the Third Circuit to reconsider its 2008 decision that Mumia could have a new penalty phase hearing in light of the Court’s ruling in the Ohio case of Smith v. Spisak. Spisak’s jury-imposed death sentence had been reversed when his attorneys, like Mumia’s, successfully invoked a critical 1988 Supreme Court decision in the Mills V. Maryland case. Mills rejected the idea that jurors had to be unanimous on the mitigating circumstances that existed in a case. Before Mills, juries had little or no alternative but to impose death if even one juror blocked consideration of a mitigating circumstance. The High Court’s recent decision in Mills will now make it easier to obtain death sentences in capital cases; Mumia’s attorneys will argue that his case is distinguishable from Spisak’s.
Mumia as many know, was convicted and sentenced to death for the 1981 murder of police officer Daniel Faulkner. A previous guest here on Law and Disorder, author/ journalist J. Patrick O’Connor who wrote The Framing of Mumia Abu Jamal, says the real shooter was Kenneth Freeman a business partner of Mumia’s brother. Freeman, was found dead in 1985, bound and cuffed in a Philadelphia parking lot.
Professor Johanna Fernandez:
- Educators for Mumia Abu-Jamal emerged in the 1990s to build a profile for Mumia on college campuses among educators and students.
- We’re also making the movement mainstream in pointing out what’s wrong with the criminal justice system.
- We’re getting a hip hop show for schools for spring break (Pennsylvania colleges)
- We want to educate young people and students in a nation that incarcerates 3 million people. That’s the size of San Francisco.
- I’ve known Mumia for about five years. I have used Mumia in the classroom live through phone conference. He speaks on issues such as the Vietnam War, the civil rights movement, the Black Panther Party and the criminal justice system today. These live conferences are incredibly powerful.
- Conversations with Mumia are intense, we talk about politics, Obama. We talk a lot about what life is like on death row. His cell is the size of a small bathroom. He’s only allowed 20 books at any given time. His cell is messy because he’s a researcher, a writer.
- Mumia: food is horrendous. They’re allowed to buy food, MRE style pre-packaged dry food. The servicing of inmates in this country is a billion dollar industry.
- What’s interesting about his situation is the state has tried to strip him of his intellectual vitality. Although they have failed, he’s written six books from death row, he’s got his radio journals.
- The first thing the movement is asking people to do is to arm themselves with the facts of the case. Then you can sign a petition. There’s another petition calling for Obama to make a statement on the case.
- If you’re a student or a university professor we are asking you to help us organize a large town hall meeting, for April 3, 2010 (likely in NYC) Mumia’s case should be taken up during Black History Month by colleges all over the city.
Guest – Educators for Mumia member Johanna Fernandez. Johanna Fernandez is a native New Yorker. She received a Ph.D. in History from Columbia University and a B.A. in Literature and American Civilization from Brown University.
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Gaza Freedom March Report Back Speeches
We hear another strong speech from Palestinian teacher and filmmaker Fida Qishta. Fida is from Rafah, Southern Gaza.
Gaza Freedom March Commitments Include:
- Palestinian Self-Determination
- Ending the Occupation
- Equal Rights for All within historic Palestine
- The full Right of Return for Palestinian refugees
From: Waging Nonviolence blog. The Egyptian government didn’t let most of the over 1,300 protesters from around the world into Gaza for the planned march, but those at Judson said that they witnessed a new stage in the emergence of a global movement, facilitated by the Internet, that may well be poised to end the international support that makes Israel’s policies possible. The lynchpin of the movement, the Cairo Declaration of the Gaza Freedom March, was drafted by would-be marchers while they waited in Egypt.
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Censorship, Civil Liberties, Criminalizing Dissent, Gaza, Human Rights, Targeting Muslims, Truth to Power
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Gaza Freedom March Report Back Speeches
We hear strong speeches detailing the experience at the Gaza Freedom March by Ali Abunimah, co-founder of the Electronic Intifada and author of One Country: A Bold Proposal to End the Israeli-Palestinian Conflict and our own co-host Michael Ratner, president of the Center for Constitutional Rights. As many listeners know, hundreds of activists with the Gaza Freedom Marchers returned from Israel, Palestine and Egypt from the largest international mobilization of people in solidarity. The Egyptian authorities refused to allow the 1,365 participants from 43 countries to enter the Gaza Strip, but later 100 people were let in to Gaza.
Michael Ratner’s Article: From Hebron to Yad Vashem: Jewish Sorrow Justifying the Sorrow of Others
Gaza Freedom March Commitments Include:
- Palestinian Self-Determination
- Ending the Occupation
- Equal Rights for All within historic Palestine
- The full Right of Return for Palestinian refugees
From: Waging Nonviolence blog. The Egyptian government didn’t let most of the over 1,300 protesters from around the world into Gaza for the planned march, but those at Judson said that they witnessed a new stage in the emergence of a global movement, facilitated by the Internet, that may well be poised to end the international support that makes Israel’s policies possible. The lynchpin of the movement, the Cairo Declaration of the Gaza Freedom March, was drafted by would-be marchers while they waited in Egypt.
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Faculty for Israeli-Palestinian Peace
In the wake of Gaza Siege earlier this year, many groups such as Code Pink have brought delegations of people to Israel to visit and bring support to Palestinian refugees and families. Today we talk with Joel Bitar, he’s a student who traveled to Israel with the group Faculty for Israeli-Palestinian Peace. The group is an international network of academics and students supporting a complete end to the illegal Israeli occupation of lands seized in 1967. Last summer, Joel was among many who visited Israeli universities, the Israeli settlements in the West Bank, and stayed with Palestinian families. These delegations call on the international academic community to take a stand in supporting the end to occupation in Gaza and the West Bank.
Joel Bitar:
- Most of my life I tried to hide my Palestinian identity and this trip was all about confronting and realizing who I am. For so long, especially after 9/11 it wasn’t respectable to be an Arab in America.
- I was kind of ashamed of my Dad’s history and culture for a long time. This trip was about inner healing and understanding where I came from.
- I went to the West Bank for a month and a half.
- It’s all about fitting in and surviving, being a confrontational force in a culture is something I didn’t have the courage to do unfortunately. My family has been apolitical. Doing activism around this (Gaza) has been unifying for my family.
- It’s enabled us to confront all the awful aspects of American culture and society.
- What happened in Gaza, shook me, woke me up. I’ve been doing a lot of investigating about the conflict, it seemed so mystical and mysterious. I read a couple books, it’s really not that complicated, it’s very simple. Palestine Peace Not Apartheid – Jimmy Carter / The Israel Lobby and US Foreign Policy.
- I learned about Norman Finkelstein and conflict between him and Alan Dershwitz.
- Simple in terms of the law. The law is very clear. You can’t acquire territory by force. Something you learn when you’re growing up, don’t bully people, don’t take their stuff.
- We visited numerous hot spots of the occupation, we went to Hebron, which is under vicious occupation by Israeli soldiers.
- 8 Meter high concrete slabs in many places. 85 percent of the wall runs on Palestinian land.
- Duel road systems and duel license plates.
- My Palestinian family pay taxes but don’t get the benefits of the taxes, they’re living in an imposed ghetto.
- They don’t have access to water 24/7 like every other Jew in the settlement. There’s garbage everywhere.
- We’ve been doing a lot of work with the Gaza Freedom March, with the anti-war movement at Hunter.
- A lot of the Jews who do an iota of research at Hunter know that what Israel did was awful. Breaking The Silence Report
Guest: Joel Bitar, a Hunter College student who traveled to Israel with the group Faculty for Israeli-Palestinian Peace. The group is an international network of academics and students supporting a complete end to the illegal Israeli occupation of lands seized in 1967. Joel is active with the Hunter College Campus Anti-War Network.
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Afghanistan War, Civil Liberties, Criminalizing Dissent, Death Penalty, FBI Intrusion, Human Rights, Prison Industry, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
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The Death Penalty Loses Support of The American Law Institute
In late 2009, the American Law Institute, which created the intellectual structure for the current capital justice system for nearly 50 years, essentially announced that its project has failed. The American Law Institute or A.L.I. is made up of around 4 thousand judges, lawyers and law professors, streamlines law and model codes to provide coherence in a federal legal system that is usually taking a varied approach. In a 1962 Model Code, the best legal minds of the institute framed a way for the death penalty to be carried out fairly, it then was re-instated in 1976. Now, the same people disavow the structure saying there is no fair system of capital punishment. The New York Times, in one article wrote (quote) the institute’s move represents a tectonic shift in legal theory. The article also points out that capital punishment was plagued by problems including racial disparities.
David Seth Michaels:
- American Law Institute, the intellectual group that tries to cobble together federal law in the United States including capital punishment. The capital punishment rules that they invented fifty years ago, have been the groundwork on which everything has happened since.
- So, it comes as a bit of a shock that fifty years later, they say “oh, oh.” It doesn’t work. It won’t work, we can’t make it work, so we’re going to fold up our tents. We won’t have anything else to do with it.
- Unworkable elements in the system: They’re troubled by the racial disparity on who gets executed, there’s tremendous disparity that is regional across the U.S. The prospect of capital punishment is ridiculously expensive. There’s risk of executing innocent people and politics of appointed judges who wantonly convict.
- It’s one of these circumstances that it is irreparably falling apart, broken. Everywhere you turn you find horrendous errors, egregious discrimination.
- The murder rate is higher in places where they have the death penalty than places where they don’t have the death penalty. Public support for the death penalty has been slowly and gradually decreasing.
- In the early 70s I became concerned about conditions in the prisons and mental hospitals in Tennesee and Mississippi. This is after the restoration of the death penalty in 1976.
- I can’t wait for the day that capital punishment is abolished. This system can’t die soon enough. You got nobody supporting the death penalty on an intellectual basis.
- National Coalition Against the Death Penalty.
Guest – Attorney David Seth Michaels. David has represented clients for 30 years, clients such as prison inmates in Mississippi and Tennessee. He’s worked with Brooklyn Legal Services B and with the Federal Defenders Service Appeals. He is also a novelist, has his own practice in New York.
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Lawyers You’ll Like: Jim Lafferty Part II
We’re delighted to have back with us attorney Jim Lafferty for the second half of our Lawyers You’ll Like series. He is the Executive Director of the National Lawyers Guild in Los Angeles and host of The Lawyers Guild Show, a weekly public affairs program on Pacifica radio sister station KPFK, 90.7 FM in L.A.
He has served as a chief officer of, and spokesperson for, various national anti-war coalitions, including the National Peace Action Coalition, the anti-Vietnam War coalition that organized the largest protests during that war; the National Coalition for Peace in the Middle East; and, the National Campaign to End U.S. Intervention in the Philippines. In the 60s and 70s, his law firm, Lafferty, Reosti, Jabara, Papakian & Smith, represented virtually all of the left political movements in and around Detroit, Michigan, during which time he became one of this nation’s leading experts on Selective Service law and military law.
In the early 80’s, Mr. Lafferty founded and chaired the largest A.C.L.U. Chapter in the State of Michigan. In New York City, in the late 80’s and early 90’s, he traveled the world organizing on behalf of the labor rights of merchant seafarers. During this time he also taught a course at the New School for Social Research, entitled, Vietnam: The War at Home and Abroad. More recently, Jim Lafferty was the Coordinator of the L.A. Coalition to Stop the Execution of Mumia Abu-Jamal, as well as a member of the national steering committee of the Campaign to Stop the Execution of Mumia Abu-Jamal.
Jim Lafferty:
- The man who was presented to me as my uncle, when I was sixteen he died, my mother acknowledged that he was my father. A friend of mine, she was a white nurse and she was married to a white school teacher and had a 3 year old daughter.
- She divorced that man and married a black surgeon. Her mother and former husband wanted custody feeling it was inappropriate for child to be raised in biracial home. George Crockett was one of the lawyers in the National Lawyers Guild in Michigan, took the case only if I clerked and read every opinion on domestic relations given down by the Michigan Supreme Court.
- We lost that case, and I continued working with that firm. They made a movie about that called “One Potato, Two Potato”
- The firm had been lawyers for UAW. I had gone down South to work with the lawyers guild in 1963, I was taking depositions for the Freedom Democratic Party. That’s where I met Mary Robinson.
- Bill Kunstler and Arthur Kinoy / Bill Kunstler’s book (1966) Deep In My Heart
- Michael Smith: Jeff Haas says Fred Hampton had Bill’s book, Deep In My Heart on his bed.
- When you finally take a stand, even though it leads to your incarceration and apparent lack of freedom, you’re finally free. Anti-war movements: Some friends of mine ran as peace candidates just to bring up the question of the war. We ran the entire campaign for 3300.00. Including 10 small billboards. Later we put together the Detroit Coalition to End the War in Vietnam Now.
- I wasn’t representing people anymore, but as the head of this coalition, you were doing public speaking, and getting an appreciation for what the power of people could do. To the credit of those lawyers who were winning those victories, even then they were saying to younger lawyers like me, but the real important thing is what goes on in the streets.
- Los Angeles Chapter of the National Lawyers Guild, – Labor Movement is vital. The anti-war movement is vibrant. You can’t blame the young activists for not knowing history, because nobody’s bothered to teach them. I’d like to see the movement coalesce around a meaningful left socialist third party.
- On the issue of the war, we’re worse off than we were with Bush.
- Healthcare plan: boondoggle for insurance companies, if you insure people who haven’t been insured, the profits of insurance companies aren’t gonna go down, you and I will pay more. Whereas the government should be paying more. NY Times article: putting aside the public option, you get past it by not dealing with it.
Guest – Attorney Jim Lafferty, Executive Director of the National Lawyers Guild in Los Angeles and host of The Lawyers Guild Show, a weekly public affairs program on Pacifica radio sister station KPFK, 90.7 FM in L.A.
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