Afghanistan War, Censorship, Civil Liberties, Climate Change, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Surveillance, Targeting Muslims, Torture, Truth to Power
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Updates:
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Capitalism Hits the Fan: The Global Economic Meltdown and What to Do About It (THE BOOK)
Today we welcome back Rick Wolff, Professor of Economics at the University of Massachusetts to discuss his new book titled Capitalism Hits the Fan: The Global Economic Meltdown and What to Do About It. In his book, Rick takes the reader back to 2005 and step by step reveals how policies, economic structures and wage-to-profit systems led to a global economic collapse.
Rick Wolff will give us an update on why the media claims the recession is over, he also tells us if there be another leg down as predicted in the September 21st interview. Another leg down meaning, will the economy continue to drop? This was mentioned because of the way people were investing, investing in a way that expected the market to drop.
Rick Wolff:
- The origin of the economic crisis goes deep into history. It’s one of the key things that people don’t understand or want to face. Roots of a System’s Crisis
- We were a country founded by foreigners coming here, they got rid of the indigenous population. They established a mix system. Capitalism on one hand, with employers and employees, and then self employed farmers and small crafts people, and in the Southern US, slavery.
- When the dust cleared, capitalism came through, it destroyed slavery and suboridinated the self employed to be small and on the margins.
- For 150 years – 1820-1970 the growth of capital was outrunning the available labor supply. Laborers had options, could go West.
- For 150 years, the goods and services a person could buy from an hour of their wages kept going up. It produced a strange and unusual notion that you were blessed, if you worked hard you would make more money.
- That Americans could have a dream like that. . their children could have a better life and deliver on the promise.
- It drew millions of immigrants from all over the world etc.
- Then after the 1970s capitalism reminded us that it is not a guarantee that if you work hard you will be rewarded.
- In the last 30 years wages have not anymore gone up. It’s a sea change in our culture’s history.
- Wages stayed the same for these reasons:
- The arrival of the computer that substituted people for machines on a mammoth scale
- The movement of corporations to other parts of the world to take advantage of cheaper labor.
- Women and immigrants moving into the paid labor force. This plunged the US economy into a disaster zone.
- The end of rising wages. Americans today work 20 percent more hours a week, than their counterparts in France, Germany or Italy. They are exhausted physically. The families are in disarray.
- Then to consume more, live the American dream, they borrowed on credit, the likes of which no working class in the history of the world has ever done.
- The average debt of US family in the 1920s equaled about 1/3 of its annual income. In 2007, the level of debt equaled 125 percent of annual income. At the same time, the last 30 years have been greatest boom of profitability of American corporations.
- Where did the money come from to lend unprecedented amounts? The money came from the boom in profits made possible by there no longer being a rise in wages. You not only get the profitability of a flat wage situation but you get the added income from the interest that comes from lending.
- The reforms and regulations we’ve seen, don’t work. The only thing that got Americans working again after a 10 year depression – 1929-1939, was not economic reform and regulation, it was something called WWII.
- Corporations used their profits to weaken reform laws, buy politicians, create army of Lobbyists.
- The American people MUST demand different responses to this crisis than what there was in the past.
- Handing corporations the citizen’s tax money as bail out is folly.
- We have 15 million adults looking for work, 10 million more are discouraged and have given up.
- The first thing this government should do is provide work for the unemployed.
- Not bailing out the banks. The private sector has failed in the United States.
- The government should support enterprises that workers run them, form them as their own enterprises in a collective way that is different from capitalist corporations
- Let workers choose if they want to work for an enterprise run by workers or capitalists. Let us as consumers choose from good and services produced in a non-capitalist way alongside the capitalist.
Guest – Rick Wolff, Professor of Economics at University of Massachusetts at Amherst. In his new book Capitalism Hits the Fan: The Global Economic Meltdown and What to Do About, Rick takes the reader back to 2005 and step by step reveals how policies, economic structures and wage to profit systems led to a global economic collapse.
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Amy Goodman: Breaking the Sound Barrier.
Today, we’re very pleased to talk with award-winning investigative journalist and syndicated columnist, author and the host/executive producer of Democracy Now! Amy Goodman. Her new book titled Breaking the Sound Barrier is a collection of wide-ranging articles reminding the reader of what true independent journalism can do. Amy’s style of journalism breaks through the corporate media noise with stories from community organizers in New Orleans to the brave soldiers resisting war in Iraq and Afghanistan. Truthout
Author and journalist Chris Hedges writes : “Amy Goodman is one of the most important voices in America. She defies the noise and clamor of celebrity gossip. She challenges the manipulation of information and dissemination of lies by the power elite. She refuses to pander to a culture where news is seen as another form of entertainment designed to bolster corporate profits. She holds steadfast to the core values of our trade. Her integrity and honesty remind us that a culture that cannot distinguish between illusion and reality dies.”
Amy Goodman:
- Picasso’s famous anti-war painting Guernica in front of the UN Security Council. When Colin Powell went to the UN and they had a press conference, this painting was the backdrop and so they shrouded it in a blue curtain. We have to rip that shroud every which way, we have to tear it, because that’s what journalism is all about.
- Most of the voices in these columns are the people we interview on Democracy Now. The media is ahistoric, it whites out history. How are young people supposed to figure out what to do when they have no sense of what came before? What are the models, what works, what doesn’t work?
- Look at the money shifting from those who least have it to those who most have it, whether we’re talking about the economic meltdown. Obama surrounding himself by the Goldman Sachs folks.
- The model of community organizing has to be adopted by people all over the country.
- It’s not going to happen because there’s one person in the white house.
- The people with money and power walking the halls of the west wing, whispering in the commander in chief’s ear, and he says, if I do that, they will storm the Bastille.
- If there’s no one out there that he’s pointing at, we’re all in very big trouble.
- Breaking the Sound Barrier is the name of the column I do every week and the column appears in more than a hundred newspapers around the country. I think it is very important for people who consider themselves activists in this country hold their leaders accountable.
- It’s the right for people to conduct their lives in this country without being spied on or infiltrated.
Guest – Amy Goodman, host and executive producer of Democracy Now!, a national, daily, independent, award-winning news program airing on over 800 TV and radio stations in North America. Time Magazine named Democracy Now! its “Pick of the Podcasts,” along with NBC’s Meet the Press.
Goodman is the first journalist to receive the Right Livelihood Award, widely known as the ‘Alternative Nobel Prize’ for “developing an innovative model of truly independent grassroots political journalism that brings to millions of people the alternative voices that are often excluded by the mainstream media.” She is also one of the the first recipients, along with Salon.com blogger Glenn Greenwald, of the Park Center for Independent Media’s Izzy Award, named for the great muckraking journalist I.F. Stone.
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Civil Liberties, Criminalizing Dissent, Extraordinary Rendition, Guantanamo, Habeas Corpus, Human Rights, Torture, Truth to Power
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Updates
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ENCORE: Cuban Five Update: The Re-sentencing of Antonio Guerrero
Earlier this month, Federal Judge Joan A Lenardo replaced the life sentence for Antonio Guerrero, one of the Cuban Five. Mr. Guerrero, a United States citizen, was convicted of spying for Cuba while working at the Naval Air Station in Key West. His sentence was reduced to almost 22 years, which means he could be out of prison in nearly seven years. Mr Guerrero’s attorneys had asked for the sentence to be reduced to 240 months, but Judge Lenardo set it at 262 months.
Mr. Guerrero’s lawyer, Len Weinglass told the New York Times, it was an odd decision, he said “You have a man who was on a military base but who didn’t take a single classified document and no one testified that he injured U.S. national security, but the judge still rejects the prosecutors’ request to lighten the sentence.” Transcript of Hearing
Len Weinglass:
- Antonio Guerrero who I represent, was originally sentenced to life in prison.
- The appellate courts reduced the life sentence for the conspiracy to commit espionage against 3 of the Cuban Five
- The decision only remanded life sentences for ultimately 2 of the Cuban Five including Antonio Guerrero
- We returned to Miami for the re-sentencing on October 13. Prior to the re-sentencing, we negotiated with the government on the issue of re-sentencing alone, making it clear there was no admission of guilt on the underlying charge, which we are still contesting on a later collateral attack.
- We agreed that it should come down from a life sentence to a period of 20 years.
- In Miami, the judge took the very unusual step of setting the agreement aside, and set the term to 21 years and 10 months.
- You can’t give a life sentence ( in this case) on what they intended to get, you can only give a life sentence on top secret information they did get. So, the original life sentence was wrong.
- When we got into the re-sentencing hearing, she got back to her original position as if the appellate court hadn’t ruled.
- I got very upset, the courtroom was packed. Packed with the same old crowd. The crowd in Miami that backs these para-miltary forces, they put the widows up front.
- I got upset at what I sought to be a climate that was being generated in that hearing and so I reminded the judge very forcibly that she was sentencing an individual not a country.
- I had given the court government documents from the Bureau of Prisons, all of them saying that Antonio Guerrero who was serving a faulty life sentence, and sent to a maxium security prison, which he shouldn’t have been sent, because the sentence was wrong.
- But the warden, his counselor and the supervisor of the unit, all extolled his behavior and most significantly pointed out that he had helped save a number of inmates all of whom were doing life sentences, from an encouragable future, by training them in English and Math and overseeing them getting their GED.
- At that time, she was about to pronounce sentence, then she stopped, walked off the bench.
- When the judge came back, the first thing she did is recite a Supreme Court decision, all federal judges must sentence an individual according to his character.
- Antonio was 39 when he was arrested and he will be nearly 60 when he is released. That’s the heart of a lifetime.
- There was no acknowledgment of context here. That this was provoked by a pattern of violence by the US directed at Cuba. Where more than 3000 people have died in the past 40 years from violence coming from Southern Florida.
- The Cuban Five performed their task, nobody was harmed, no property damaged and they end up with life sentences for that operation.
- It came to light that the federal government was paying members of the press in Miami as part of their anti-Castro campaign to write articles about this case that were highly prejudicial. People who were reporters but were on the federal payroll.
- Can the government be responsible for creating a prejudicial atmosphere?
- He was at the most hard-nosed prison and after seven years the warden of that prison wrote the Regional Bureau of Prisons, asking that Antonio be released from that prison. He doesn’t belong, there, he is a lovely sensitive man.
Guest – Attorney Len Weinglass, who represented the Cuban Five, as William Kunstler’s younger partner, Len Weinglass was considered the work horse of the defense team. He’s worked on a number of political cases including the Pentagon Papers trial and the Angela Davis case. He’s a Yale Law School graduate and former U.S. Air Force Captain.
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Will The Sun Set On Surveillance? Patriot Act Reform
Recently, the House of Representatives introduced their own USA Patriot Act reform bill, responding to the Patriot Act renewal bill approved by tthe Senate Judiciary Committee. The Electronic Frontier Foundation says it’s a significant improvement over the earlier Senate bill that gave more authority to government spying power. The renewal bill was introduced by House Judiciary Committee Chairman John Conyers, Jr. and others including Civil Liberties Subcommittee Chairman Jerrold Nadler; and Crime, Terrorism, and Homeland Security Subcommittee Chairman Bobby Scott. These bills are proposals that could pave the way to dismantle the broad surveillance and overreaching executive power currently intact.
Kevin Bankston:
- Patriot passed after 9/11/2001 – a lot of the provisions were set to expire in 2005, most of those were renewed, but there were 3 provisions left to expire in the end of 2009.
- Provisions that expanded the government’s power to get orders from the Foreign Intelligence Surveillance Court or any tangible thing, mostly business records. They’re mostly called section 215 orders, under the Patriot Act section 215.
- Roving wiretaps, more accurately roving “john doe” wiretaps. One that doesn’t name target, or address of target. (These sound the like the warrants our founders rebeled against)
- Lone Wolf authority, whereby the government can get wiretapping authorities from the FISA court for people who are unrelated to any foreign power but are suspect to engage in or preparing to engage in crimes related to terrorism.
- The Lone Wolf authority begins to un-moor from the Foreign Intelligence Surveillance Court – it looks to be unconstitutional under the fourth amendment. Most in Obama Administration want this to expire.
- Those are the 3 set to expire. Though worrisome, more worrisome is the National Security Letter Authority, whereby the FBI can write a letter to the court, without suspicion of terrorism, and get bank, telephone and internet records.
- The Justice Act – Senator Feingold / Durman – reform patriot act authorities- including FISA surveillance act passed last summer, which allows foreign surveillance of Americans.
- Also, repealing telecom immunity – Reforming the Patriot Act without addressing FISA is like rearranging deck chairs on the Titanic.
- Unfortunately, Senator Leheay, instead of sponsoring Feingold’s Justice Act reform bill, came out with his own bill that didn’t address the FISA amendment acts at all. That was the bill the Judiciary Committee considered 6 weeks ago.
- The Republicans offered to remove reforms to the already watered down bill, and the Republicans say they got their reforms from the Obama Administration. The Obama Administration is not only falling down on its promise to reform the Patriot Act, it is working through Republicans to make these bills even worse.
- So that’s when the USA Patriot Act reform bill, responding to the Patriot Act renewal bill approved by the Senate Judiciary Committee was proposed.
- We have 2 lawsuits, the first was brought against AT&T in early 2006 based on news reports and whistle blower evidence based on an AT&T technician info, that the NSA had backdoor access to key domestic communication switches.
- Whereby the NSA was sucking up millions upon millions of communications and then sorting out the stuff they were interesting in.
- If the telecom companies aren’t willing to say “NO” when the government secretly comes to them and asks them to break the law, then all of our privacy is in big trouble.
- We sued AT&T and then Congress passed this Telecom Immunity last summer, and our case along with others were dismissed. If the Repealing of the Telecom Immunity passes, our cases will be revived.
- Obama can end the Telcom Immunity right now, and have Attorney General Holder withdraw the certification on which the immunity is based.
Guest – Kevin Bankston, senior staff attorney specializing in free speech and privacy law, was the Electronic Frontier Foundation’s Equal Justice Works/Bruce J. Ennis Fellow for 2003-05. His fellowship project focused on the impact of post-9/11 anti-terrorism laws and surveillance initiatives on online privacy and free expression. Before joining EFF, Kevin was the Justice William J. Brennan First Amendment Fellow for the American Civil Liberties Union in New York City. At the ACLU, Kevin litigated Internet-related free speech cases, including First Amendment challenges to both the Digital Millennium Copyright Act (Edelman v. N2H2, Inc.) and a federal statute regulating Internet speech in public libraries (American Library Association v. U.S.). Kevin received his J.D. in 2001 from the University of Southern California Law Center, and received his undergraduate degree from the University of Texas in Austin.
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Afghanistan War, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Surveillance, Targeting Muslims, Torture, Truth to Power
Podcast: Play in new window | Download
Listen to Law and Disorder live Monday November 9 at 9:00AM EST WBAI 99.5 FM: At 9:30 AM Michael Ratner Interviews Democracy Now’s Amy Goodman on her new book Breaking the Sound Barrier – Based on her columns for King Features Syndicate, this wide-ranging new collection of articles breaks through the corporate media’s lies, sound-bites, and silence. In place of the usual suspects— the “experts” who, in Goodman’s words, “know so little about so much, explain the world to us, and get it so wrong”
Updates:
Michael Ratner Update: Congress Should Not Reject Goldstone Report
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FBI Threaten Deportation To Muslim Man Refusing To Be Secret Informant
It was in 2004, that the FBI began to apply intense pressure on Foad Farahi to become a secret informant and spy on members of his mosque. Farahi, an Imam in Miami Florida refused. As many listeners may know, an imam is among the designated leaders in a community or mosque who leads prayers during gatherings and helps others understand the teachings of Islam. The FBI saw Farahi to be in a unique position to know local Muslim men. Farahi had met several South Floridians who allegedly had links to terrorism, including Jose Padilla.
Farahi refused to become a secret informant and the FBI knew he was in a vulnerable position. His student visa expired and he had applied for political asylum that could allow him to stay in the U.S. indefinitely. More than 2 years had past and in 2007, two agents showed up again asking Farahi to become an informant, he refused. In late 2007 Farahi was at a routine hearing for his political asylum case when he was told by his attorney that the ICE has a file with evidence that he is involved with a terrorist case. He was later presented with an ultimatum to drop the asylum case and leave the United States voluntarily, or be charged as a terrorist. Farahi agreed to voluntarily leave the US, but his passport expired, that gave him a little more time, and he later realized the government was bluffing and then hired attorney Ira Kurzban, a well-known advocate for immigrants’ rights.
(Law and Disorder archive Targeting Muslims Page 1 / Page 2)
Kurzban asked the Board of Immigration Appeals to throw out Farahi’s voluntary departure order, they refused. The legal battle has put Farahi’s immigration status in limbo. Kurzban told the Miami Times quote I think the real issue is, does the government have the right to pressure people… to make them informants?” —- “It’s clearly modus operandi of the FBI to recruit people who are going to be informants and to use whatever leverage they can.”
Ira Kurzban:
- Foad as an Imam, did not want to spy on others, but said to the FBI he would help them anyway he could.
- He was then put into removal (deportation) proceedings.
- The guilt by association method that the FBI has been using as an intimidation tactic is very reminiscent of the McCarthy period.
- The judge who originally denied Foad’s hearing was dismissed.
- We are now at the 11th Circuit of Appeals and an oral argument has been set.
- Immigrantslist.org – Political Action Committee
- This case represents a much broader pattern by the FBI and the government in trying to intimidate people into working as informants.
- They’re desperate to get informants but they’re using upstanding citizens to do bad things.
- The tragedy is that they’re turning people who are friendly to the United States into enemies.
Guest – Attorney Ira Kurzban, an adjunct faculty member in Immigration and Nationality Law at the University of Miami School of Law and Nova Southeastern University School of Law and has lectured and published extensively in the field of immigration law, including articles in the Harvard Law Review, San Diego Law Review and other publications.
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Michael Steven Smith – In Memory of Bob Boehm, Center for Constitutional Rights Vice President
On the recent eighth anniversary of the events of September 11th, our own Michael Steven Smith, draws a balance sheet on the state of democratic rights in America. He spoke to a captive audience on the long standing Five Towns Forum on Long Island in honor of recently deceased Center for Constitutional Rights Vice President Bob Boehm.
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Cuban Five Update: The Re-sentencing of Antonio Guerrero
Earlier this month, Federal Judge Joan A Lenardo replaced the life sentence for Antonio Guerrero, one of the Cuban Five. Mr. Guerrero, a United States citizen, was convicted of spying for Cuba while working at the Naval Air Station in Key West. His sentence was reduced to almost 22 years, which means he could be out of prison in nearly seven years. Mr Guerrero’s attorneys had asked for the sentence to be reduced to 240 months, but Judge Lenardo set it at 262 months.
Mr. Guerrero’s lawyer, Len Weinglass told the New York Times, it was an odd decision, he said “You have a man who was on a military base but who didn’t take a single classified document and no one testified that he injured U.S. national security, but the judge still rejects the prosecutors’ request to lighten the sentence.” Transcript of Hearing
Len Weinglass:
- Antonio Guerrero who I represent, was originally sentenced to life in prison.
- The appellate courts reduced the life sentence for the conspiracy to commit espionage against 3 of the Cuban Five
- The decision only remanded life sentences for ultimately 2 of the Cuban Five including Antonio Guerrero
- We returned to Miami for the re-sentencing on October 13. Prior to the re-sentencing, we negotiated with the government on the issue of re-sentencing alone, making it clear there was no admission of guilt on the underlying charge, which we are still contesting on a later collateral attack.
- We agreed that it should come down from a life sentence to a period of 20 years.
- In Miami, the judge took the very unusual step of setting the agreement aside, and set the term to 21 years and 10 months.
- You can’t give a life sentence ( in this case) on what they intended to get, you can only give a life sentence on top secret information they did get. So, the original life sentence was wrong.
- When we got into the re-sentencing hearing, she got back to her original position as if the appellate court hadn’t ruled.
- I got very upset, the courtroom was packed. Packed with the same old crowd. The crowd in Miami that backs these para-miltary forces, they put the widows up front.
- I got upset at what I sought to be a climate that was being generated in that hearing and so I reminded the judge very forcibly that she was sentencing an individual not a country.
- I had given the court government documents from the Bureau of Prisons, all of them saying that Antonio Guerrero who was serving a faulty life sentence, and sent to a maxium security prison, which he shouldn’t have been sent, because the sentence was wrong.
- But the warden, his counselor and the supervisor of the unit, all extolled his behavior and most significantly pointed out that he had helped save a number of inmates all of whom were doing life sentences, from an encouragable future, by training them in English and Math and overseeing them getting their GED.
- At that time, she was about to pronounce sentence, then she stopped, walked off the bench.
- When the judge came back, the first thing she did is recite a Supreme Court decision, all federal judges must sentence an individual according to his character.
- Antonio was 39 when he was arrested and he will be nearly 60 when he is released. That’s the heart of a lifetime.
- There was no acknowledgment of context here. That this was provoked by a pattern of violence by the US directed at Cuba. Where more than 3000 people have died in the past 40 years from violence coming from Southern Florida.
- The Cuban Five performed their task, nobody was harmed, no property damaged and they end up with life sentences for that operation.
- It came to light that the federal government was paying members of the press in Miami as part of their anti-Castro campaign to write articles about this case that were highly prejudicial. People who were reporters but were on the federal payroll.
- Can the government be responsible for creating a prejudicial atmosphere?
- He was at the most hard-nosed prison and after seven years the warden of that prison wrote the Regional Bureau of Prisons, asking that Antonio be released from that prison. He doesn’t belong, there, he is a lovely sensitive man.
Guest – Attorney Len Weinglass, who represented the Cuban Five, as William Kunstler’s younger partner, Len Weinglass was considered the work horse of the defense team. He’s worked on a number of political cases including the Pentagon Papers trial and the Angela Davis case. He’s a Yale Law School graduate and former U.S. Air Force Captain.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Supreme Court, Surveillance, Truth to Power
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Host Updates:
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Gaza Update: Code Pink Member Kitt Kittredge
Last month, the United Nations commission released the Goldstone Report, a scathing six hundred page account detailing how Israel committed war crimes against the Palestinians in the Gaza Strip. South African Judge Richard Goldstone who headed the report says the Israeli Defense Force and Israeli commanders must stand trial for war crimes committed during Operation Cast Lead earlier this year. Recently, Israeli Prime Minister Benjamin Netanyahu said he would never allow any Israel’s leaders or soldiers to be put on trial for war crimes. He called the Goldstone report a kangaroo court against Israel. War crimes are war crimes as many see it.
Meanwhile, living conditions in the Gaza Strip deteriorate, salt water has contaminated a large percentage of drinking water, damaging kidney function among the Palestinian children. Many who can afford it are trying to leave the region. To give us an update on the living conditions, we catch up with Code Pink member Kitt Kittredge, who has recently returned from Gaza.
Kitt Kittredge:
- It turned my stomach to think that we were handing off a less better world to our children
- So I thought I should step into the more active role of a concerned citizen and I found Code Pink.
- The conditions are deteriorating, it is a place under siege as you know, I consider it a very slow, deliberate strangulation of Palestine. Because it is a slow strangulation, it doesn’t make the news as would a total annihilation
- The biggest thing is they’re demoralized, depressed and diminished sense of hope.
- Unemployment is up more than it was in March, and women are bearing the burden of that.
- Goods are less available, and they are extremely expensive, Israel determines what goes in and when.
- Less than 15 percent of what is really needed.
- The water out of the tap is salty, the showers are cold. The salt water is coming into the wells, the desalinization plant was destroyed, and now the children are drinking the salt water, and they have severe kidney damage.
- It was very exciting to go to Gaza in September and work with the Palestinians on the Gaza Freedom March scheduled for December 31, 2009
- International Surge To End the Siege – GazaFreedomMarch.org
Guest – Kitt Kittredge – Code Pink member, recently returned from the Gaza Strip.
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Decriminalization of Drug Possession
Decriminalization of drug possession has now gone into effect for 150 million Latin Americans. Earlier this month, Mexico decriminalized the possession of a small amount of all drugs and days later, the Argentine Supreme Court declared unconstitutional their own law that criminalized drug possession. Embedded in the recent legislation, Mexico’s decriminalization laws also allow for state and local authorities to arrest and prosecute drug offenders and allows them to make undercover drug buys.
“What’s happened in Mexico and now Argentina is very consistent with the broader trend in Europe and Latin America in terms of decriminalizing small amounts of drugs and promoting alternatives to incarceration and a public health approach for people struggling with drug addiction,” said Ethan Nadelmann, executive director of the Drug Policy Alliance. International Drup Policy Reform Conference Nov 12 – 14, 2009.
Ethan Nadelmann:
- I think people understood that this was a good idea all along, sensible re-prioritization of police resources, treat addiction as a health issue, not a criminal issue.
- Many people who are getting away with drug possession don’t really have a drug problem and shouldn’t be a concern of the state.
- It doesn’t require people to be tossed into rehab regardless if whether or not they have a drug problem
- This applies to any drug (Mexico law)
- It’s part of that human rights, civil liberties tradition that exists in various languages in many parts of the world.
- Two thirds of Americans say, someone who’s been picked up on possession of drugs and clearly has an addiction, should not be sent to jail,
- More than 70 percent of the American people say that a small amount of marijuana possession should be decriminalized
- My job is to mentor and hand off the baton to the second and third generation,
- I look at drug policy reform as a movement for individual freedom and social justice
- New York City, marijuana arrest capital of the world / 40,000 marijuana arrests per year / Targeting young black and brown men
- Easy arrests, easy overtime pay, not contributing to public safety in any way even as its really screwing with hundreds and thousands of peoples lives.
Guest – Ethan Nadelmann, executive director of the Drug Policy Alliance says that the global consensus on drug policy is changing as countries seek to counteract prison overcrowding, rise in organized crime and drug violence.
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Food Not Bombs Surveillance: Criminalizing Lawful Non-violent Protest
Since 9/11, the government has stepped up its surveillance of a range of individuals and organizations, including volunteer-based groups. After providing free vegetarian food in hundreds of communities worldwide, Food Not Bombs has found itself a part of the domestic terrorism dragnet. Co-founded by Keith McHenry and seven friends, the group is dedicated to non-violent social change, and recovers food that would otherwise be discarded to serve hot free meals to the homeless, disaster survivors, rescue workers and others.
Keith McHenry – Food Not Bombs:
- We started out in Cambridge, MA. I was a produce worker and I was throwing out a lot of produce every morning. It occurred to us that we could take some of that produce and give it to battered women shelters and homeless shelters.
- We could also promote vegetarian eating and animal rights.
- We now share vegetarian meals in a thousand cities every week. We’re in Iceland, Poland has 12 chapters.
- I got arrested in 1988 for serving food without a permit. I ended up facing 25 to life under California’s 3 strikes law. They didn’t mind that we were feeding people, but we were making a political statement and that’s not allowed.
- Political Statement: Money and resources can go more toward feeding the hungry, healthcare and education. Diverting some of the money from the military to domestic human needs.
- Anonymous people would go to the state government, or city officials in different communities and file complaints against us.
- In Albuquerque, New Mexico, we started to get fined 500.00 a day, everyday we served, because of this anonymous complaint.
- We found out that it was military personnel who objected to our statement.
- In Flagstaff, Arizona, you can serve the food but you can’t have the Food Not Bombs banner and literature.
- Last week in Lancaster, Pennsylvania, similar complaints. Turned out the anonymous tipster was the manufacturer of landmines. This was a quarter mile away from where we were sharing free meals.
- A Lancaster health department official came by, without a thermometer to test the pH of the food, and said it was fine we were feeding people we had to get rid of the literature.
- We’re seeing this all over, including letters from the state of New Mexico, ordering me to stop all chapters serving free food.
- In Connecticut, I started getting emails ordering to stop all chapters.
- I think its the federal government, Homeland Security, and the intelligence unit of Chevron Oil, have all been involved in harrasing Food Not Bombs.
- We were first declared a terrorist organization in 1988.
- I’ve been under intense stress for a number of years, with informants trying to force me out of Food Not Bombs.
- I lost a couple of friends, who had committed suicide, as a result of this tension created in San Francisco, Food Not Bombs in particular.
- When I was facing the 3 strikes case in California, there was a man who turned out to be an FBI agent, was hanging out with my wife.
- He was hanging out at the California street bus stop, and he became friends with my wife, and ended up having an affair with her, during the time I was incarcerated and we had no idea whether I would get out of prison.
- Everything that we were saying in our house was being monitored.
- In one case, my home phone had become a pay phone. The Food Not Bombs hotline. To dial out, he was asked to deposit 35 cents. I would dial 611 Pacific Bell phone repair and they would tell me it was a pay phone.
- We’ve had a huge number of informants joining Food Not Bombs.
- When someone at a Food Not Bombs meeting is joking about violence, you have to distance yourself from that person. You don’t need to call them out and say you’re an infiltrator.
Guest – Keith McHenry, co-founder of Food Not Bombs. Keith has been arrested more than 100 times for making a political statement of sharing free food in San Francisco and he has spent more than 500 nights in jail for peaceful protest.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Guantanamo, Habeas Corpus, Human Rights, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
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Lawsuit Brought Against Former US Attorney General John Ashcroft
Last month, a major decision written by a federal judge gives a lawsuit standing that was brought against former US Attorney General John Ashcroft for the illegal and unconstitutional detention of American Muslims. The lawsuit was brought by Abdullah al-Kidd, an American citizen and African American who had coverted to Islam. In 2003 Al-Kidd was arrested, and detained under abusive conditions without evidence that he did anything wrong. The lawsuit points at the way John Ashcroft abused the material witness statute to “preventively detain” American Muslims. Ashcroft uses the statute as a pretext to arrest American Muslims without sufficient evidence to establish probable cause. This suit will be a key lawsuit when President Obama presents a proposal for a “preventive detention system.”
Lee Gelernt:
- Federal Appeals court recognized the abuse of the material witness statute under Ashcroft.
- Material witness statute, rarely used, limited purpose before 9/11. If the witness would not testify and needed testimony, they would arrest witness get testimony then release person.
- If its taking too long, get the person’s deposition, because you simply cannot hold a witness for a long time, because they’re completely innocent.
- After 9/11 the government used the material witness statute on Muslim men who were suspicious and no probable cause. Probable cause is the bedrock of this country. Mere suspicion is not enough.
- It turned out that dozens and dozens of men were arrested as mere witnesses, held for months under the most harsh conditions. They have to be unwilling to be a witness, you don’t simply arrest a witness, obstensibly.
- Abdullah al-Kidd, born in Kansas, spent some time in Los Angeles, and mostly in Seattle. African American born in the United States. His father is a supervisor at the Chino Correctional Institute in California. His mother has done work for IBM for the last thirty years.
- He was a football player, went to University of Idaho on a football scholarship. Right before 9/11 he converted to Islam, and started working for charitable organizations. After 9/11 he was under surveillance, then arrested, held for 16 days under the very abusive conditions. Restricted for 14 months.
- FBI agents went to magistrate saying Al-Kidd had a one-way ticket to Saudi Arabia, it turns out after spending time in detention, that it was a round-trip coach ticket.
- The agents also did not tell the magistrate that he cooperated with the FBI and a native born citizen.
- Lawsuit is against Attorney General in a personal capacity and two FBI agents who submitted an affadavit, the United States and 3 Wardens. Settled lawsuit against the 3 wardens.
- FBI Director Mueller, went before Congress to report on the recent successes of the terrorism fight. The first person Mueller mentions is Kalik Sheikh Mohammed, the second person is Abdullah al-Kidd.
- Bedrock principle: You’re innocent unless the government has probable cause (objective reasonable belief) not law enforcement acting under suspicion. In other countries, people can be arrested on suspicion.
Guest – ACLU Attorney Lee Gelernt, the Deputy Director of the Immigrants’ Rights Project. He has litigated many cases including the Detroit Free Press v. Ashcroft and North Jersey Media Group v. Ashcroft, which involved challenges to the government’s post-September 11 policy of holding secret deportation hearings.
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FOIA Lawsuit to Make Public the FBI’s Domestic Investigative Operational Guidelines
Last month, a Muslim civil rights group filed a lawsuit against the FBI’s refusal to make public its surveillance guidelines of civic and religious organizations in connection with criminal investigations. The group Muslim Advocates, a national legal and educational organization filed a Freedom of Information Act suit against the Department of Justice. The lawsuit is seeking the text of the Domestic Investigative Operational Guidelines. The quote DIOGs which went into effect last December are practical manual interpreting revised surveillance guidelines. The interesting part of this story is that civil rights groups including Muslim Advocates were shown drafts of the FBI surveillance guidelines but were not given a copy.
Farhana Khera:
- Agent are provocateurs sent into mosques. Muslim Americans should not have to look over their shoulders while they’re praying.
- Suspicion based on not wrongdoing and criminality, but religion. What concerns us is the set of guidelines issued during the waning days of the Bush Administration, that further and potentially expand FBI powers.
- We were able to see those guidelines in a meeting with the FBI, but not keep a copy of the guidelines. Those guidelines went into effect 1-2 weeks after that meeting.
- We sought formal channels to get a copy of those guidelines then filed a FOIA request.
- It’s been almost a year later, and we still have not got a copy of the guidelines.
- We would hope that the FBI would be working in consistence with the President’s committment to greater transparency
- The FBI said our request is under review and may be redacting or blacking out sections of the guidelines.
- We think the public has a right to know how the powers of the FBI have been expanded and are wielded in our name. What we saw in the draft guidelines were “gathering data about racial and ethnic communities” Geo-mapping of communities.
- Changes made to FBI guidelines under former Attorney General Ashcroft allow line agent FBI to make decisions based on limited evidence of criminality. One example, a prominent Pakistani physician made pro-democracy comments for Pakistan in a US newspaper. Days later he was visited by the FBI who wanted to ask him general political questions about Pakistan and Pakistani leaders.
- Check out Muslim Advocates “Got Rights?” Video.
Guest – Farhana Khera, first Executive Director of Muslim Advocates and the National Association of Muslim Lawyers (NAML). Prior to joining Muslim Advocates and NAML in 2005, Ms. Khera was Counsel to the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Property Rights. In the Senate, she worked for six years directly for Senator Russell D. Feingold (D_WI), the Chairman of the Constitution Subcommittee. Ms. Khera focused substantially on the USA PATRIOT Act, racial and religious profiling, and other civil liberties issues raised by the government’s anti_terrorism policies since September 11, 2001. She was the Senator’s lead staff member in developing anti_racial profiling legislation and organizing subcommittee hearings on racial profiling.
Civil Liberties, Criminalizing Dissent, FBI Intrusion, Human Rights, Iraq War, Prosecution of the Bush Administration, Surveillance, Truth to Power
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Updates:
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G20 Protest Permit Lawsuits : First Amendment Rights Challenge – Jules Lobel
G20 lawsuits filed to allow for peaceful demonstration challenged critical First Amendment rights. The right to demonstrate. Lawsuits filed on behalf of 6 activist groups including Code Pink, requested permits, such as permits to use public parks. The lawsuit brought against the city of Pittsburgh and the US Secret Service states protesters will engage in peaceful, constitutionally protected expressive activities. Jules Lobel, professor of law at the University of Pittsburgh had said to the Pittsburgh Post-Gazette, “When you have reports of huge numbers of police coming in, it suggests they plan to cordon off much of Pittsburgh and prevent meaningful protest.”
Jules Lobel:
- Oppressive environment in Pittsburgh once G20 was announced.
- Heavy police presence, roads are closed, 4 to 5 thousand police from out of Pittsburgh
- Classified as a National Security event, meaning the US Secret Service controls what’s going to happen
- Protest groups sent in applications for permits in July and August. The city, either did not respond or stall granted peaceful permits. Groups with long histories of non-violent protests, artists, ecumenical groups, environmental groups that wanted to set up a sustainability fair.
- Code Pink wanted to set up a tent city in the major park of downtown Pittsburgh. Bail Out The People
- We went to court because for a long time, the city would not give these groups a permit.
- In the lawsuit, we demanded that the city give a permit to the groups they’ve been negotiating with and allow the groups to use the park downtown for its protests.
- As soon as we filed suit the city negotiated much more reasonably, but still refused to grant Code Pink their permit to use the downtown park two days before G20. The court could not find a compelling reason why Code Pink could not use the park, and were granted a permit and had a wonderful tent city in the park.
- Its always a fight now to get permits, and the courts usually win when they defer to the invocation of national security.
- We also asked for overnight camping, far away from the convention center, again, no security concerns.
- The group feeds demonstrators, they grow organic food, they run a bus on organic fuel, an environmentally safe and sound operation. Here’s what happened:
- Police were suspicious, the first thing they did was give them a ticket and impounded their bus for parking the bus more than 12 inches from the curb. They got the bus back, paying 220.00.
- Some industrial artists rented out their lot to the group and allowed buses (which had kitchens in them) to park there. The next day 20 police in full riot gear, broke into the place and demanded to search without a warrant
- The artist who owns the lot after arguing with police, finally allowed the police to search, they found nothing.
- Then they sent out building inspectors to where the people were staying and threatened the artists to get rid of these people or face a 1000.00 a day fine. (These are people who are coming to give out free food)
- They then went to a black community, found an abandoned school and the owner said you can stay here.
- Before they could pull their buses in, a police and many police cars, stopped them and searched everyone and the buses again. Giving citations for parking wheel up on curb, and saying they needed a bus driver to drive commercial vehicle (their bus)
- They pressured the owner of the abandoned school, and finally they had to move again. They found a church, the police followed them there. The police tried to get the pastor to evict them, but he wouldn’t.
- A lawsuit was brought for pattern of harassment and the judge said you can sue for damages after the G20 Summit.
Guest – Jules Lobel, Vice President of the Center for Constitutional Rights and Professor of Law at the University of Pittsburgh. Through the U.S. Center for Constitutional Rights, Jules Lobel has litigated important issues regarding the application of international law in the U.S. courts. In the late 1980’s, he advised the Nicaraguan government on the development of its first democratic constitution, and has also advised the Burundi government on constitutional law issues.
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The New Domestic Order: Domestic Workers Unite
Domestic workers in New York City are pushing for the passage of their own “Bill of Rights” style protection. Most domestic workers are under paid in the United States, and now for many its especially difficult to make ends meet. New York’s domestic workers are calling for their own government bailout. The growing movement is made up mostly of women, it’s multi-ethnic, from countries such as the Philipines, Barbados, Trindad, Jamaica and Nepal. Some workers were abuse, others have been let go from their jobs without notice or proper compensation. The ranks of domestic-worker activists are filled with globalization’s refugees writes Lizzy Ratner, correspondent with the Nation Magazine.
EVENT: Damayan Migrant Workers Association is organizing a workshop on unemployment benefits. October 3, (1-4PM) Held at 53-22 Roosevelt Avenue, Woodside, Queens.
Lizzy Ratner / Linda Abad:
- Linda Abad: Member of the Damayan Migrant Workers Association working with Domestic Workers Alliance and Domestic Workers United campaigning for the passage of the New York Bill of Rights.
- New York Bill of Rights, fair labor standards, recognition, and win respect and dignity for the work force for women and some men who work in the homes of American families.
- There are 200 thousand domestic workers in New York City and about 15 percent are Filipino domestic workers like me. I’m a part-time housekeeper for a couple on the West Side
- I was a government employee in the Philippines, I had a home and 2 children. Income was too low to support family. My first job in the U.S. I worked for a family with 3 children in a big house. I started at 7AM and ended at 9PM. It was a big home, I had to take care of children, cook meals. I was getting 225.00 a week.
- When you’re working in the privacy of homes, you do not have a network, organization.
- Domestic Workers Bill of Rights, passed the assembly now, not the Senate.
- Most domestic workers don’t know that under New York law, after working 44 hours, you get time and a half
- Nine out of 10 domestic workers do not get health insurance, we really need it. We’re exposed to sick children, hazardous cleaning chemicals.
- The inclusion bill in the New York State assembly does not have health coverage. Many domestic workers work off the books. Domestic Workers United large group of Caribbean and Latina domestic workers.
- Lizzy Ratner: I was lucky enough to accompany (as a journalist) a large, large group of domestic workers and allies to Albany in Spring 2008. What I saw inspired me and much of what I learned horrified me. This was the fourth year of pushing for the Domestic Workers Bill of Rights. If you want rights for domestic workers, you have to organize and begin to change the laws.
- There was a sense of rebellious exuberance, defiance. Led by women, by women of color, by immigrants, documented and undocumented. Domestic workers have organized in California, Texas, Seattle, Miami, Maryland and New York
- The United States has come a long way in creating a civilized country, but somehow it’s difficult for lawmakers to see the righteousness of giving dignity and fair standard to this labor force.
- September 29, another trip to Albany to put pressure on the New York State Senate
Guest – Lizzy Ratner, journalist/correspondent with the Nation Magazine. Linda Abad, domestic worker and organizer for the Damayan Migrant Workers Association.
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