Law and Disorder May 4, 2009

Censorship, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Impeachment, Iraq War, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Truth to Power

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Unreasonable Intrusions Report

Last month, the Muslim Advocates released a report titled Unreasonable Intrusions: Investigating the Politics, Faith & Finances of Americans Returning Home. The report documents the systematic and widespread practice of federal agents interrogating Americans returning home after overseas travel at our nation’s borders and international airports. Muslim Advocates, a sister group with the National Association of Muslim Lawyers (NAML), which is a group of approximately 500 Muslim lawyers, law students and other legal professionals.

Farhana Khera:

  • These are folks who are returning home from travel and they’re being stopped at borders, land crossings.
  • After showing valid US passports, federal agents are engaging in very invasive questioning and searches of these Americans.
  • Muslim or those Americans who may look Muslim.
  • The questions (from border agents) go into first amendment protected areas. What mosque do you attend? How often do you pray?
  • We want to educate federal policy makers, members of Congress, Homeland Security and the Obama Administration about this practice.
  • Laptops, cameras and phones searched, in some cases asking about people in images, and how they particular individuals.
  • Again, all of this without any evidence or suspicion.
  • Ninth Circuit Decision US v Arnold, pretty much gives blanket authority to federal agents at the border to search laptops and electronic devices of law abiding Americans.
  • We really need some standards in place that address the need of probable cause and reasonable suspicion before seizing personal data.
  • We believe that Americans have the right to enter the country and not be compelled to answer questions, particularly about first amendment protected beliefs.
  • We are giving practical advice in saying that you think this line of questioning is inappropriate. Get badge #’s of officers who have your stuff, then file a complaint.
  • Traveler’s Privacy Protection Act – Proposed Legislation, to be re-introduced.

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.

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fbi-infiltrator montheilh from OC weekly

FBI Exposed: Federal Judge Orders FBI to Provide Full Muslim Surveillance Records

Last week a federal judge ordered the FBI to submit 100 documents detailing the bureau’s surveillance of Muslim leaders and organizations in Southern California and specifically, documents relating to the Council on American_Islamic Relations of Greater Los Angeles and its executive director. The court’s decision came in response to a 2007 lawsuit filed by the ACLU of Southern California that claimed the government’s incomplete and long_delayed response violated the Freedom of Information Act.

An attorney with the ACLU of Southern California says the surveillance records will show how the FBI infiltrated Southern California mosques and invasively monitored members of the Muslim community as if they were criminals.

“Truth can never be redacted. Only full disclosure will satisfy us and alleviate the pervasive fear in our communities and congregations,” said Shakeel Syed, executive director of the Islamic Shura Council of Southern California, who joins us today.

Shakeel Syed:

Guest – Shakeel Syed, executive director of the Islamic Shura Council of Southern California.

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Law and Disorder April 20, 2009

Afghanistan War, Civil Liberties, Criminalizing Dissent, Human Rights, Surveillance, Truth to Power

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Mumia Exception: Supreme Court Denies Appeal For Mumia Abu-Jamal

In early April the Supreme Court denied a petition for writ of certiorari in the longstanding case of Mumia Abu Jamal. The appeal to the high Court included an examination of the so-called culture of discrimination operative among Philadelphia prosecutors. It cited 11 separate rulings in which federal and Pennsylvania state courts specifically faulted Philadelphia prosecutors for engaging in intentional discrimination during jury selection.  Mumia Exception

Citing dozens of court rulings nationwide, it noted a U.S. Supreme Court ruling where one justice used a statistical study documenting Philadelphia prosecutors purging potential Black jurors at twice the rate of whites during death penalty trials between 1981 and 1997.

Linn Washington:

  • Courts, be they city courts in Philadelphia, apellate courts in Pennsylvania or federal courts at the trial level and appeals level,
  • they will either ignore or alter their established rulings, their precedent . . .when it comes to the Mumia case.
  • In Mumia’s case, we have a situation where police actually, withheld evidence, they altered evidence, we now know this clearly, but the courts have helped suppress that
  • Prison authorities have barred photographing or recording for broadcast purposes of inmates in institutions, just as a way to get at Mumia. You can go in with a notebook and pen.
  • Batson Case: In the first 3 years of prosecution in Mumia’s trial, there was deliberate purging of black people from the jurors, for racially discriminatory purposes.
  • A video tape had surfaced of a training session, a formal training session in the office, where a senior prosecutor was instructing other prosecuters,  on how to purge blacks for juries,  in a way that it would mask what they’re doing and thus get around the Batson ruling.
  • In March 2008, the US Supreme Court issued relief to an inmate on death row in Louisiana, citing Batson, the essence of it was, if there was one provable instance of discrimination against a black juror – you would have a new trial.
  • Two months later, the US Third Circuit, ignored that ruling and created new law, new restriction, higher burden for inmates to raise, in Batson cases.
  • Justice Samuel Alito had initially ruled if one legal juror was discriminated against, it was provable, . . to get a new trial – Batson case.  Then he changed his view.
  • Here we had an award winning journalist, at that time the head of the black journalist association in Philadelphia.
  • This has been fascinating in terms of the police withholding evidence, perjury, intimidating witnesses, prosecuters engaged in egregious misconduct and judges from the trial court level, all the up to the US Supreme Court ignoring their duty to justice
  • Regarding Judge Sabo’s remark ” to fry that n-word” a court stenographer overheard this and years later came forward to make it public.


Guest –  Linn Washington is an Associate Professor of Journalism at Temple University in Philadelphia and a weekly columnist for The Philadelphia Tribune – America’s oldest black owned newspaper. He has reported on the Abu-Jamal case for nearly thirty years. Linn Washington is currently writing a book on police brutality, the thesis is why we have police brutality. We have a continuation of police brutality decade after decade because prosecutors actually aid by ignoring the misconduct of officers.

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Leonard Peltier: Update On A Political Prisoner

Leonard Peltier is a Native American activist who was convicted of killing two FBI agents during a shootout on the Pine Ridge Indian Reservation in 1975. He was recently transferred back to prison in Lewisburg, Pennsylvania after being attacked and beaten. Leonard Peltier was also denied clemency by the Bush Administration, the request had been pending for 8 years.  He is featured in the recently published book, Let Freedom Ring, A Collection of Documents From the Movements to Free US Political Prisoners, brings together the voices of numerous US political prisoners who have taken great risk and sacrifice to stand up for human and civil rights.

Political prisoners such as Leonard Peltier,  receive some of the harshest treatment behind bars, such as torture, inhumane and degrading treatment, they’re also subjected to disproportionately lengthy prison sentences.  Attorney Michael Kuzma will give us an update on Leonard Peltier’s current condition and case.

Michael Kuzmar

  • Two FBI agents, Kohler and Williams allegedly had a warrant they were trying to serve on Jimmy Eagle, who had allegedly stolen some cowboy boots.  They went to execute the warrant, a fire fight erupted and the next thing you know, Joe Stunts and the two agents are dead.  Subsequently, Leonard Peltier, Bob Robado, Dino Butler, were charged with murdering the two agents.
  • For Leonard Peltier’s case it was tragic in that the lead attorney Eliot Takiff, had never tried a murder case before, you had an unfriendly judge and the prosecutors had a field day with ramping up the fear.
  • When Bill Kunstler picked up the case on a Habeas, after losing appeals. It was about the bullet not matching.
  • There was a balistics report that was withheld from defense attorneys in 1977, it was later unearthed by John Privatera and Michael Tigar.
  • When Leonard was arrested on February 6, 1976, he was with an individual named Frank Blackhorse.  Blackhorse was wanted for several offenses and indicted in 1973 for wounding at FBI agent at Wounded Knee.
  • The most curious thing about this case is that Frank Blackhorse is not extradicted, he’s allowed to roam free in Western Canada. Turns out also, Frank Blackhorse isn’t his real name.
  • The head of security for the American Indian Movement was a paid FBI operative.
  • Based on the work I’ve done with the FOIA requests, its clear that along with others in the AIM, Leonard Peltier had been targeted by the FBI under Cointel Pro.
  • We’ve been fighting to get documents that show how the FBI used a host of dirty tricks against Leonard.
  • One of the prosecutors who is now retired, Len Krooks, has publicly stated that they don’t know who shot the agents.
  • What we discovered is that the government turned over 3500 pages of material to Leonard’s defense attorneys and said this is all we have. As a result of a FOIA case brought in the late seventies we discovered the FBI had 18 thousand pages of material.
  • Twelve thousand pages were released, 6 thousand pages withheld. Then as a result of another FOIA request in 2001 we found the FBI had 142, 579 pages of material.
  • We have a suit still pending, we’re waiting for a decision from the court of appeals, for the 8th circuit. We’re trying to get 90 thousand pages, that’s what we’re sueing for.  The government is fighting to hold onto 11 thousand pages of material. The reason they say is that the material if released will hamper the nation’s war on trans-national terrorism.
  • The FBI can’t afford to have this information come out, because if people learned how extensive the informants and under cover agents were
  • Leonard Peltier will be 65 on September 12, 2009. He has diabetes, his eyesight is not the best. There’s no threat whatsoever if Leonard was released today. William Kunstler believed Peltier did not shoot the FBI agents.
  • Leonard is considered to be an old law inmate.
  • Leonard had been in Ft. Leavenworth Prison and was transferred to the Lewisburg Federal Penitentiary. He was then transfere
  • January 13th. Leonard was brutally attacked by two other inmates and suffered a possible concussion, he was kicked around the ribcage, he’s having headaches, his knee was bruised.
  • What we’ve been hoping to do is get Leonard transferred to a medium security prison, he’s eligible.

Guest –  Michael Kuzma, attorney for Leonard Peltier.  As many know, Leonard Peltier is a Native American activist who was convicted of killing two FBI agents during a shootout on the Pine Ridge Indian Reservation in 1975. He was recently transferred back to prison in Lewisburg, Pennsylvania after being attacked and beaten. Leonard Peltier was also denied clemency by the Bush Administration, the request had been pending for 8 years.

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Law and Disorder April 6, 2009

Criminalizing Dissent, Human Rights, Surveillance, Targeting Muslims, Torture

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Code Pink Delegation Returns From Gaza

Recently a delegation from Code Pink and other organizations brought humanitarian and emotional support to women and women organizations in Gaza. They also pressured the US, Egyptian and Israeli governments to lift the blockade against the Palestinians.  According to the United Nations Children’s Fund, the Israeli attack that began on December 27 left over 1,000 dead, including 412 children and 110 women, and more than 5,000 injured which include  – – (1855 children and 795 women).

The UN also reports that hundreds of millions of dollars in humanitarian aid are needed to help Gaza’s 1.4 million people.

Helen Schiff  / Felice Gelman:

  • Helen Schiff: Growing up in Great Neck in the 50s, a lot of Jewish community were liberal and in support of civil rights movement.  I learned about colonialism, and that Israel was created at the behest of US and British colonialism.  I learned that Israel supported the French in Algeria, they supported France and British against Egypt in a war for the Suez Canal.
  • So I realized the Palestinian struggle is a colonial struggle.
  • Code Pink organized a delegation to Gaza and we did bring 10 thousand dollars in aid. We are drawing attention to the blockade also.
  • We throw around the words siege and blockade, modern war doesn’t have sieges.
  • The last siege was the battle of Leningrad, which is people blocked in to an area and attacked with all military armament.
  • Gaza is about the size of Philadelphia. The current number of trucks that bring supplies into Gaza are about 100 a day.  , 8700 supply trucks arrive in Philadelphia, on just one bridge in one day.
  • The claim that Hamas broke the truce by firing missles is false. The truce also meant to open up borders. That hasn’t happen since Hamas were elected.
  • We brought baskets for a thousand women, filled with different products that women would appreciate. We brought this on International Women’s Day.
  • Psychiatrists say that the children of Gaza are exhibiting caged rat syndrome.(PDF link)
  • When you are in Gaza you say to yourself, why does Israel care about Gaza, what’s the big deal?
  • Two things, Gaza is an example to the West Bank and in 1999 natural gas reserves where discovered in the coastal waters of Gaza. 1.4 trillion cubic feet of natural gas. Israel has tried to negiotiate for control of the reserves since 1999.
  • They have two drilling platforms north of Gaza that some believe are slant drilling into the natural gas reserves.
  • The Israelis are wearing down the fighting spirit of the people in Gaza by forbidding pasta, jam, candy and any building materials. Desalinization plants have been bombed, children have kidney disease because Israelis have siphoned off the good water and there’s too much salt seeping into the wells.
  • It was a targeted attempt to breakdown the infrastructure. Wanton killing of civilians and destroying infrastructure.
  • Every single day we were in Gaza there was bombing or shelling. Tunnels being bombed and fishermen being shelled. Permanent tent cities.
  • More delegations planned to visit Gaza to open borders. May 22 – June 14
  • Palestinian Committee For Human Rights – accountability – documenting evidence.ple and billions of dollars will be required to rebuild its shattered buildings and infrastructure.

Guests – Code Pink members/activists Helen Schiff and Felice Gelman, they both had boots on the ground in Gaza and give their first hand accounts of the devastating aftermath.

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Left Forum – Vivek Chibber: American Violence: Actually Existing Barbarism?

This year’s Left Forum panels are addressing the many facets in the  current global economic crisis and subsequent political conditions.  Author and professor Vivek Chibber joins us today in the studio to tell us about the 2009 Left Forum at Pace University and the panel titled American Violence: Actually Existing Barbarism? The panel will explore the roots of violence, military, terrorist, criminal and casual in contemporary society that includes America’s inner cities and prisons.

Vivek Chibber:

  • The Left Forum used to be known as the Socialist Scholars Conference.
  • My panel on America Barbarism is from the annual volume of the Socialist Register, this years theme is around the issue of violence. The various forms violence takes under capitalism.
  • I’ll be focusing on the violence of American foreign policy. Iraq in particular. The motives and interest behind Bush’s invasion of Iraq.
  • Turning Points – theme for Left Forum. We’re seeing tremors in American power, which historically is the time to build progressive movements. Social welfare, pro-labor policies in favor of women, recognizing the plight of minorities.
  • It’s the largest Left Forum conference ever. Everyone realizes that this is a time when we got to get some analysis of what’s going on.
  • Right now, there’s a complete loss of legitimacy for the economic model of neoliberalism and a corresponding loss for all the journalists, the media gurus and intellectuals who were promoting it all this time.
  • If you look carefully at Obama , his primary worry, has been not to take advantage of the opportunity of this crisis to enact any type of progressive social agenda. His main worry is to contain the pressure and not take advantage of that.

Guest – Vivek Chibber,  professor of sociology at NYU and the author of Locked in Place: State_Building and Late Industrialization in India.

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Law and Disorder March 30, 2009

Afghanistan War, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Surveillance, Targeting Muslims, Torture, Truth to Power

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Frances Golden: Jailhouse Lawyers, Prisoners Defending Prisoners Against the United States of America by Mumia Abu Jamal

Frances Golden joins us today to discuss a very well known political prisoner, as we continue our political prisoner series based on the book Let Freedom Ring.  Frances is the literary agent for Mumia Abu Jamal. Mumia as many know, was convicted and sentenced to death for the 1981 murder of police officer Daniel Faulkner.  Mumia was a Black Panther Party activist, cab driver, and journalist.  Since his conviction, Mumia has become an international cultural icon for political prisoners.  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.

We get a another perspective today from Mumia’s literary agent Frances Golden. Frances also visits six death row in a Pittsburgh maximum security prison.  Jailhouse Lawyers, Prisoners Defending Prisoners Against the United States of America by Mumia Abu Jamal.

Frances Golden:

  • Visiting death row inmates happened because I went to visit Mumia as a visitor.
  • I had to become a member of the Pennsylvania prison society.  40 bucks a year you can see any prisoner anywhere.
  • Now, because the PPS applications were flooded to see Mumia, they changed the policy that only Pennsylvania residents can become members of PPS.
  • You have to see more than one prisoner as a PPS member. So, Mumia gave me names of others including Robert Lark aka Sugar Bear.
  • I hope I don’t cry when I say this, out of the 6 death row inmates I see, 5 of them are innocent.
  • You’re behind very thick glass, there are quarter inch thick screens on each side of the cell where your voice can travel through. It’s awful, insulting but it’s what exists on death row.
  • I have a little book with their names in it, with 100 pages(of notes) between each name.
  • The prison system is illegal and inhuman. The person who speaks most clearly about that is Angela Davis.
  • One prisoner nicknamed Slim was on the streets of Philadelphia without a home at 10 years old. Never went to school, got in trouble ended up on death row. He learned to read in prison, he’s a phenomenal jail house lawyer.
  • Two of the five could get out, that’s Sugar Bear and Osiris.
  • I have a prisoner friend whose name is Russel Shoates. He will never be executed but he’s on death row because he escaped 3 times. Russell is shackled and tied to his waist. I dance with them and do yoga. I can’t do that with Russell. I asked the warden to unshackle him.  This man is gentle, he’s small, he’s wickedly intelligent.
  • Philadelphia, the most corrupt city in the United States, from beginning to end. –Judges lock up kids for kickbacks in Pennsylvania

Guest: Frances Golden, activist and literary agent for Mumia Abu-Jamal, Frances is a member of the Pennsylvania Prison Society and visits 6 death row inmates monthly.

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Laura Whitehorn and Susie Day – Let Freedom Ring, A Collection of Documents From the Movements to Free US Political Prisoners.

Among the many contributors to the book Let Freedom Ring is 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 Program. Laura was arrested in 1985, convicted of the 1983 US Capitol bombing and charged with… “conspiracy to oppose, protest and change the policies and practices of the United States government in domestic and international matters by violence and illegal means.” She was sentenced to 20 years in prison, and was released August 1999 after 14 years. Laura lives in New York City and is active in a wide range of progressive issues.

Laura’s partner Susie Day, activist, writer and contributer to Let Freedom Ring also joins Law and Disorder hosts in the studio.

Laura Whitehorn:

  • I’m in my sixties now, I was moved by the Black Liberation struggle and the struggle of the Vietnamese people against the United States.
  • But I ended up spending years in prison later, in a case called the conspiracy case and our indictment was a thing of beauty –  using the words violent and illegal means. It was a series of bombings of buildings. No one was ever hurt, great care was taken. One of the buildings was the U.S. Capitol.
  • But in that period in 1988, we were in the DC jail for 3 years and it was the beginning of the huge epidemic of AIDS in Washington DC.  It was a time of absolute fear, stigma, no drugs to treat HIV, and so we started to learn about HIV and did counseling, almost all the political prisoners had done that.  This is because AIDS is huge in prison. A quarter of the people with AIDS in this country go through the prison system at some point.
  • The fact that the government says there are no political prisoners, it’s a denigration of everything that you stand for. So, it was important that we had a lot of support.
  • There’s a great interest in the sixties movements, the movies and books etc, but that doesn’t translate into the willingness to say enough is enough. People have been in jail since the late sixties and early seventies. How much time do you have to serve in this country, what kind of country do we have?
  • In Europe the maxium is 20 years, sometimes they go farther. That’s a life sentence in Europe, but here, you could have saved the warden’s life but if you were a black panther and go to the parole board, they say you can’t get out.
  • We have Obama, but the same justice system. We have to fight for a new justice system. What happens to political prisoners will happen to everyone else. We were held in preventive detention now everyone knows what it is.
  • The book is a guide in how to raise these cases, who these people are, what kinds of organizations are out there. What can people do?  The Jericho Movement

Susie Day:

  • Before I met Laura Whitehorn, I was sort of intrigued by all the compromises most of us make everyday, for decades.  We cut corners everyday to go to our jobs, to raise kids, to pay the rent, and we support involuntarily things that we abhor. So, I was interested in people who did not compromise. Who lived underground, who would go to extremes of giving up their lives of basic middle class educated comfort. . .and give up their identities to fight an establishment that made it so easy for everyone else to just get along.

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: Susie Day lives in New York City where she writes a humor column for feminist and gay publications. She has also written on U.S. political prisoners and labor issues and thinks her girlfriend, Laura Whitehorn, is hot stuff.  Can’t get enough of Susie?  Read other pieces by Susie Day in MRZine: Susie Day, “Fugitive Offers Reward for Rumsfeld’s Capture” (22 July 2005); “Street Life of a Mad Activist” (28 July 2005);

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Matt Meyer – Let Freedom Ring, A Collection of Documents From the Movements to Free US Political Prisoners.

New York based educator and activist Matt Meyer. Matt is the editor of several books including the recently published Let Freedom Ring, A Collection of Documents From the Movements to Free US Political Prisoners. – The book nicely pulls together two decades of essays, interviews and resolutions of US political prisoners. These are the voices and intimate writings of those who have challenged the US empire from within, Black Panthers, Puerto Rican independentistas, white anti-imperialists, environmental and animal rights militants and Arab and Muslim activists. Meyer is a former public draft registration resister and chair of the War Resisters League.

Matt Meyer:

  • We wanted to bring awareness to that yes, there are political prisoners in the US.
  • There’s been a history to support those movements and free them.
  • This book focuses on the last 25 years as a key era that took us through the late sixties and seventies of social change.
  • The majority of peoples that have been in prison come from the black civil rights liberation movement, come from the American Indian Movement, come from the Puerto Rican and Chicano movements and come from some white allies and supporters.
  • Political prisoners are in jail because of the ideas they’ve had as much as the acts they’ve committed. They’re political actions and beliefs and who are in jail 20, 30 years, incredibly long sentences and harsh conditions.
  • It is also a collection of documents from the movement to free them. For example from the Puerto Rican movement. We have a collection of documents that began to help free 12 Puerto Rican political prisoners – this shows how this came through by a combination of grassroots support and international pressure.
  • This book says to activists and all readers that we can build upon the strategies that have been used in the last 20 years. We can look at some of the documents and get a sense of how to use these strategies today to help not only political prisoners but prisoners in the ever increasing US prison system. There is a growing sense that we should all pay more attention to these folks who are languishing in jail.
  • The fact that the information in this book was not readily available, it was scattered here and there. This volume was designed as a tool with the hope to spark new movements.
  • What can people do?  The Jericho Movement

Guest: Matt Meyer –  Founding PJSA Co-Chair along with USF Dean Jennifer Turpin, Meyer has long worked to bring together academics and activists for lasting social change. A former public draft registration resister and chair of the War Resisters League, he continues to serve as convener of the War Resisters International Africa Working Group. With Bill Sutherland, Meyer authored Guns and Gandhi in Africa: Pan-African Insights on Nonviolence, Armed Struggle and Liberation, of which Archbishop Desmond Tutu wrote, “Sutherland and Meyer have looked beyond the short-term strategies and tactics which too often divide progressive people.

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Law and Disorder March 16, 2009

Afghanistan War, Civil Liberties, Criminalizing Dissent, Extraordinary Rendition, Guantanamo, Habeas Corpus, Human Rights, Iraq Veterans, Iraq War, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture

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13 Million Dollar Payout in May Day LAPD Police Abuse Cases

In a landmark class action lawsuit settlement, the Los Angeles city council agreed to pay nearly 13 million dollars to those injured or mistreated in the 2007 May Day demonstration in MacArthur Park. As the march ended, LAPD riot police were filmed by camera crews using excessive force, firing rubber bullets and striking people with batons. Dozens were injured in the melee and the footage was seen around the world. The 13 million dollar settlement was part of a larger portion of nearly 300 May Day claims.

Carol Sobel:

  • There was an immigrants rights march in MacArthur Park in Los Angeles on May 1st 2007, there has been for the last 7 years. The police didn’t want to give the group a permit to march in the streets.
  • There are about 20 lawyers on this case, the National Lawyers Guild, the Guild’s Police Accountability Project and MALDEF, the Mexican American Legal Defense Education Fund.
  • As around 10 thousand people approached the park, police “forgot” to direct people into the park.
  • The rally was at the Northwest corner of park, so marchers had to cross an 8 lane highway that divides the park. This created chaos of which the problems arose.
  • There was no instruction, people didn’t know where they were supposed to go.
  • Then people got near police on motorcycles, they used their motorcycles to hit protesters. This was happening as an Aztec circle dance performance closed the march and opened the rally.
  • Some protesters through trash, plastic water bottles at police. It was heard that the police said “We need to get rid of these people now.” Police were not giving orders to disperse, they simply said “move”.. to the 10 thousand people in the park.
  • The officers were speaking only English, the crowd spoke almost all Spanish.
  • Families had no idea why the police were coming with riot gear. While police were saying to move, people were thinking, “well I didn’t do anything wrong, they could’nt be talking to me.”
  • So officers began knocking people down and hitting people, firing pellets, it was total chaos.
  • 140 rounds of less lethal munitions were randomly fired into the crowds.
  • The police report also stated there was no probable cause, no reason to go after the marchers.
  • Lesson: It’s very difficult to change the culture of a police department. The police department can’t engage in this behavior, because we can’t afford it as a city.

Guest – California civil rights attorney Carol Sobel, who represented some of the injured. In 2000 Carol was struck by police pellets while serving as a legal observer during the Democratic National Convention.

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Nora Eisenberg: When You Come Home

We’re pleased to have with us Nora Eisenberg, she’s the author of the recent book When You Come Home. It is a powerful novel that acknowledges the physical and psychological effects of veterans returning from Operation Desert Storm-The Persian Gulf War (2 August 1990 – 28 February 1991). In this beautifully written ant-war fiction, Nora delves into the corrosive effects post war combat has on the families and communities that are called on to nurture veterans returning home. Mimi is the main character who’s husband was killed in Vietnam, her 20 year old son Tony, a marine reservist, has returned from the Gulf War and there’s Tony’s childhood sweetheart, Lily who was raised by Mimi after her parents disappeared.

One book review describes When You Come Home this way: “In 1991, troops sent to Iraq for the first Gulf War returned home with a litany of physical, neurological, and psychological symptoms that collectively became known as Gulf War syndrome, a subject seldom dealt with in works of fiction. Eisenberg poignantly demonstrates that casualties of war occur both on and off the battlefield and ironically illustrates the vivid consequences when those in charge of veterans’ postwar care fail to meaningfully “support our troops.”

Nora Eisenberg:

  • The First Gulf War – “The Good War”, 5 weeks of censorship and fabrication. Fabricated by a Washington based PR firm – Hill and Nolton. The campaign was headed by Craig Fuller. Fuller was also Chief of Staff for George H.W. Bush. Fuller took charge of the campaign to impress the public of what villians the Iraqis were.
  • The firm brought this young girl to testify in front of a Congressional Committee – She claimed to work at a maternity ward in Kuwait. “The mean Iraqi soldiers” came in and hurled nearly 300 babies from their incubators and were left to die on the floor.
  • This young girl was part of the Kuwaiti Royal Family, her father was Washington / Kuwait ambassador.
  • All part of a 10 million dollar PR campaign with Hill and Nolton.
  • Aside from the no-fly zones and sanctions, the deaths of Iraqis were massive and continuing.
  • I’ve been following the deteriorating health system in Iraq and the rise of disease leading to the deaths of 2 million Iraqi children.
  • I started writing this book with the “bad” war looming and with a sense that the ’91 war wasn’t over at all.
  • I thought, are we going to kill millions again and get off scott-free, does it really work that way?
  • Gulf War Illness, even among progressive people, there remains very little awareness of what this disease is. It attacks the respiratory system, the nervous system, it’s a neuro-toxic event.
  • These soldiers got sick, immediately. Some say they got sick after swallowing an anti-nerve gas pill.
  • When they were around the insecticides that were soaking the tents, they felt sick immediately, vertigo, stomach cramps.
  • The soldiers loved ones, pets and wives coming down with similar symptoms, by proximity.
  • It’s taken almost 20 years for Congress to say what the veterans already knew, that they were poisoned.
  • A report delivered by high profile doctors at Roberta White say the soldiers were exposed to neuro-toxins. These were not neuro-toxins from Saddam Hussein.
  • Those are main culprits, there are other terrible exposures that came out in a report last November.
  • Such as the exposure to sarin in a weapons depository that affected 2-3 hundred thousand US soldiers.
  • Nearly 15 thousand have died from Gulf War Illness. We have nearly 400 thousand US soldiers coming back as patients / nearly 40 percent are psychiatric patients.

Guest – Nora Eisenberg, New York City novelist and professor of English at the City University of New York (LaGuardia) and directs CUNY’s Faculty Publications Program. The War at Home ws a Washington Post Rave Book of the Year for 2002 and Just the Way You Want Me was awarded the 2004 Gold Prize in General Fiction from Foreword, the weekly of independent publishing. Her short stories, essays, and reviews have appeared in The Village Voice, Partisan Review, the LA Times, Tikkun., and numerous anthologies.

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Law and Disorder February 16, 2009

Civil Liberties, Criminalizing Dissent, Extraordinary Rendition, Guantanamo, Habeas Corpus, Human Rights, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power

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The First 100 Days: Dismantling the Police State in a New Presidency – Part 2

This is the second of a three part special. Law and Disorder hosts bring a series of interviews with key attorneys, authors and activists from the front lines such as the Center For Constitutional Rights, Universities of Law and the National Lawyers Guild. Some of the police state policies are beginning to be reversed such as closing down secret CIA sites, a timeline to shut down Guantanamo, and mandating everyone CIA included follow US Army Field Manual Interrogation tactics.

Recently the Obama Administration defended the telecom wiretapping legislation. Attorney General Eric Holder told Senator Orin Hatch –  “The duty of the Justice Department is to defend statutes that have been passed by Congress.”

CCR staff attorney Shane Kadidal explains in detail the 3 main groups of Guantanamo detainees, the laws that allow for secret sites, FISA wiretapping, National Security letters, data mining and the Patriot Act.

Shane Kadidal:

  • The Three Groups in Guantanamo: First Group – Two dozen genuinely involved with “Al Qaeda” – planning terrorist activities  – the people who would be tried in federal courts if GTMO never existed.
  • Second Group – Shouldn’t have been there in the first place. The US says they may charge as many as 80 people, there are 255 people left, that means there are close to 200 people that the US gov’t will send home. Like the 500 people who have already been sent home from GTMO.
  • Subgroups – there are about 110 Yemenis waiting to return back to Yemen
  • Third group: Guantanamos refugees who come to GTMO from places with horrible human rights records, Syria, Uzbekistan, Tunisia, about 13 countries where we ordinarily give them asylum. We can’t return them in good faith back to the countries they are citizens of. Find traditional asylum accepting countries to send them to largely in Europe.
  • Secret Sites: The next president could decide to end the secret sites – Who is accountable for sending people to black sites to be tortured? – Military Commissions Act gives those involved  immunity from actions that would have been violations of the War Crimes Act or Anti Torture Act
  • Repeal MCA – Once you do that, then any officials participating in the black sites have to worry the rest of their lives of being criminally prosecuted for what they did.
  • Repealing the MCA would restore Habeas Corpus to full flower that Supreme Court did in the case of Razul and proper judicial oversight regarding detentions.
  • Repudiate the whole practice of using black sites and rendition
  • Torture: There is one measure out there to propose that the military revert to the model of the Army Field Manual, that actually has acceptable interrogation tactics. – Done
  • The Army Field Manual was designed by Interrogation experts with long history of experience and know from practical experience that torture doesn’t work in producing reliable information.
  • All of this can be done by executive order, a stroke of the pen as Clinton used to say.
  • FISA – wiretapping – the secret court that approves wiretaps – The historic model was that law enforcement would have to present a little bit of evidence of suspicion and that the court would authorize the person to be wiretapped. You go to the judge you get the order directed to one person.
  • Right now, it’s broader, instead of going to a judge with specific evidence and getting specific authority for a very limited wiretap. Now based on the FISA Amendments Act passed this summer of June 2008, – they seem to want to get authority to do a wholesale authority on wiretapping and they’ll give the judge criteria in very rough terms. The discretion of law enforcement no longer limited.
  • The colonists wrote the fourth amendment with the warrant requirement in it because they were concerned the king had issued these general warrants to allow his agents to run around where there might be violations of the stamp tax act.
  • The Supreme Court may argue that the fourth amendment is outdated and allow the broader wiretap powers.
  • Also, a new president coming in may decide not to use this power, but there is going to be a great deal of inertia from the intelligence agencies who had five or six years of this power under the NSA
  • Its hard to get rid of this entrenched thing, they’ll come to the president with all sorts of arguments.
  • This is an area where Congress would have to step in to restore post Watergate era restrictions that were put in place in the FISA act in 1978
  • Patriot Act – A lot of it hasn’t been used as predicted.
  • Preventive detention – they can hold citizens for 7 days without charge/ but the president asserted executive power to hold citizens and non-citizens without charges for years.
  • Now the Patriot Act looks like a model of checks and balances.
  • National Security letters and Data Mining – The government pulls in huge amounts of data both from private sources and things that can accumulate. We know that they were seeking calling records, the story broke in the middle of 2006 from nearly all the phone companies and they complied.
  • We know they’ve been seeking search terms in various contexts from internet providers, we know they have worked with Swift which processes interbank tranactions to get huge amount of financial transfer data, financial transactions that happen anywhere in the world.
  • They’re putting this into a database to see if they can catch terrorists by applying pattern analysis. The first problem with that is that we don’t know if it works, its likely to have a very false positive rate.
  • Very close to profiling and pull in people who should not be made the targets of suspicion.
  • There is so little human intelligence on the ground, and its tempting for intelligence agencies to look to for technological panacea.

Guest – Shayana Kadidal has been at the Center for Constitutional Rights (CCR) since 2001. Shane is senior managing attorney of the Guantánamo Global Justice Initiative at CCR. In addition to supervising the Guantánamo litigation, he also works on the Center’s case against the NSA’s warrantless surveillance program, CCR v. Bush, and its challenge to the “material support” statute, HLP v. Gonzales. Shane has testified before Congress on the material witness statute and is a contributor to the Center’s book Articles of Impeachment Against George W. Bush, 2006. He graduated from Yale Law School and clerked for a judge of the U.S. Court of Appeals for the First Circuit.

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Mara Verheyden-Hilliard: Criminalizing Dissent

Criminalizing Dissent has chilled most free speech movement in the United States, especially when demonstrators take to the streets. We talk with attorney Mara Verheyden Hilliard co_founder of The Partnership for Civil Justice Legal Defense & Education Fund about criminalizing dissent, surveillance, data mining, fusion centers and the ability to exercise first amendment rights. A recent example were the violations of free speech during the mass arrests of protesters at the 2008 Republican National Convention. The demonizing of protesters and their message in the media will usually allow for the use of military force by police. That combined with intelligence gathering and targeting of lead organizers squelched the voice of dissent in all age groups.

Mara Verheyden Hilliard:

  • A lot of our work is at the intersection of first and fourth amendment rights.
  • PCJ has a class action suit pending from the world bank IMF protest – 8 year drag out tactic.
  • “What they want to do is stage-manage democracy.”
  • Victory: After years of litigation the government has to lift regulations on number of people at the Great Lawn
  • Is it important to say that we don’t want to go back to Jan 19, 2001 just the day before Bush took office- or is there more that we have to do?
  • We think there has to be an audit of every agency’s databases to determine exactly what the databases are.
  • Identify what has been collected, where it has been put, who has access to that information,
  • Then to tell people in the United States individually, what has been collected on them and then to expunge it.
  • For people in their United States, their government collecting information, maintaining information, in these massive database files, that can be used by law enforcement, pulled up in a moment’s notice is really a very dangerous practice.
  • What they’ve done is misuse existing databases and data tools.

Guest – Attorney Mara Verheyden Hilliard co-founder of The Partnership for Civil Justice Legal Defense & Education Fund.

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