Law and Disorder February 9, 2009

The First 100 Days: Dismantling the Police State in a New Presidency – Part 1

This is the first 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.

We define the current laws in place that now constitute a police state. Then we look at the steps the Obama Administration must take to turn back the major breaches in civil liberties such as the Patriot Act One and Two, the Military Commissions Act, FBI Guidelines and legal provisions that allow for torture. As you’ll hear, some attorneys believe much of the dismantling can be done by executive order.

We begin with a description of what we have seen since September 11, 2001 and precursors such as the Effective Death Penalty Act, the earlier renditions under Clinton’s administration. Then, right after 9/11 came the overreaching of executive power in the form of signing statements that misuse the war powers resolution to detain, torture and try so_called enemy combatants. This includes racial profiling against Muslims here and abroad, massive surveillance capacities and warrant_less wiretapping.

The dismantling of police state blocks in the new presidency will take attention to detail to ensure a full restoration of democracy that will ultimately allow for social progress. In the next hour we look at some remedies and solutions to reverse laws that have created domestic enemy combatants, Guantanamo Bay prison, Renditions, Secret CIA sites, Torture, Kangaroo Courts: Special Trials, FISA, domestic surveillance, private military contractors.

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Executive Director of the Center for Constitutional Rights, Vince Warren discusses the abuse of preventive detention, torture, rendition and states secrets. Hosts cite recent examples of deep surveillance on peaceful protesters and the unprecedented collusion between federal, state and local law enforcement. Warren points out the importance of rolling back the police state measures put in place by the Bush administration, in that No president has ever given back the power a previous president has given him.

Vincent Warren:

  • Torture/rendition/states secrets / right to dissent / the abuse of preventive detention.
  • Torture top of list, the export of torture and CIA black sites.
  • torture crimes at this time are unprosecutable adn its up to the president to
  • Close Guantanamo prison – send prisoners back to countries they came from, repatriate.
  • CCR and civil proceedings – hold accountable, the Bush administration to declare what they’ve done unconstitutional, damages to clients CCR represents and injunctive relief, future deterrents
  • Universal jurisdiction stems from the Nuremberg principles that say a crime that is committed against a person anywhere is prosecutable anywhere.
  • Countries such as Germany Spain and France have statutes for human rights abuse survivors to bring cases for prosecution.
  • States secrets privilege, the privilige that the government has routinely invoked in a range of CCR cases, whenever the government says states secrets, the courts, including the supreme courts usually kick the case. The remedy?
  • Congress can create a statute that limits the use of a states secrets power in order to make it consistent for truth telling and accountability.
  • No president has ever given back the power a previous president has given him.
  • The abuse of preventive detention, fusion centers – intelligence gathering and data mining – the concern is that no one can monitor and again its done in secrecy. no oversight, more preemptive law enforcement
  • The irony here is that government usually acts as if one hand doesn’t know what the other hand is doing, unless they’re coming down on our constitutional rights, then they’re all on the same page.

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Naomi Wolf : 10 Steps

We’re joined by author and activist Naomi Wolf. She is the author of seven books, and the groundbreaking book The End of America: A Letter of Warning To A Young Patriot. In the book, Naomi addresses ten steps that societies, dictators, and sometimes democracies use to close an open society to move it toward facsism. We want to re-visit those ten steps.

Naomi Wolf:

  • A small group of people used the law to subvert the law. Reichstag Fire, then disembowel their own Constitution.
  • Initial thinking inspired from my friend who is the daughter of holocaust survivors, she said the Bush strategies echo early 1930s Germany.
  • Enabling Acts in Germany gave the power to the state to read a person’s mail, listen to their phone calls and read their telegrams. This, in the alleged interest of national security and the fight against terrorism.
  • Nazis used to unload the coffins of the war dead at night.
  • A would-be dictator sought to close an open society or crush a democracy movement. Mussolini in 1920, the great evil pioneer. Hitler studied Mussolini, Stalin studied Hitler.
  • I looked at Russia, studied Czechoslovakia in the 60’s, Pinochet’s coup in 1973, the Chinese crackdown on democracy in the 80s.
  • What I saw was there was a blueprint. The blueprint has 10 steps. The 10 steps have been codified, they teach them at the School of the Americas.
  • To help would be Latin-American dictators to overthrow their own governments. What terrified me is that those ten steps are being put in place by the Bush Administration.
  • The Ten Steps
  1. Invoke a terrifying internal and external enemy
  2. Create a gulag
  3. Develop a thug caste
  4. Set up an internal surveillance system
  5. Harass citizens’ groups
  6. Engage in arbitrary detention and release
  7. Target key individuals
  8. Control the press
  9. Dissent equals treason
  10. Suspend the rule of law

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Law and Disorder January 12, 2009

Updates:

Saul Landau – Cuba 50th Anniversary

Then and now, Venezuela and Cuba, 1960_2008

Hosts talk with author and internationally known scholar Saul Landau about his recent article titled Then and Now, Venezuela and Cuba, 1960-2008 and the Cuban 50th Anniversary.
Saul Landau:

  • It’s almost a miracle the revolution in Cuba survived 50 years, considering the United States was determined to destroy it.
  • In light of all that the Cuban revolution emerges as something miraculous.
  • One looks at Cuba today, one finds lots of despair, especially after 3 brutal hurricanes.
  • You see Cubans hanging out in the street in the middle of the work day, drinking beer, not exactly a sign of high spirited socialist morality.
  • Some are plotting to go to Florida, where they still think there’s some paradise waiting for them. Some do succeed, cleaning the toilets at the Miami airport.
  • I kept saying to myself, if someone came over from Europe to the United States in 1862, they would say “Oh, this place had so much promise.”
  • I see the Cuban Revolution as a total success, in the sense it achieved all of its goals and then some.
  • When I first went to Cuba, I was 24 at the time, the kids were running ministries and it was creative anarchy.
  • Pre – Bay of Pigs: Cuba survived so many US based sabotages, terrorist attacks were launched from the United States.
  • Some were assassination attempts on Fidel Castro, some were attempts to burn down Cuban installations.
  • Fidel set out the goals of the Cuban Revolution that were established in the 1860s with the first war of Cuban Independence against Spain.
  • Which meant not taking crap from the United States. However, anyone who defied the United States was removed from office by the Marines, or overthrown by a coup backed by the US.
  • Removed from office in Domican Republican in 1965, Removed from office in Brasil in 1964, Ghiannah, the coup in Chile.
  • Here Fidel stands for Cuban sovereignty which means disobedience.
  • Today Cuba has 70 thousand doctors. 20 thousand in Venezuela, plus Cubans were actors on the world stage.
  • Cuban soldiers helping stop apartheid in Southern Angola in 1986-87, and paved the way for independence in Angola and the release of Nelson Mandela.
  • The Cuban Revolution WAS successful. Now, there are many professionals, such as engineers and doctors working as cab drivers or making pizza. The salary and wage structure are not just.
  • When the Soviet Union collapsed, the Cuban economy tanked and Cubans were on their own. They’ve buying and selling illegally, which in the last 18 years, has had a corrosive effect. Each Cuban has had to have some sort of hustle in order to get along. Cuba must begin to make reforms now.
  • Upsides: They can’t get evicted or homes foreclosed on them/ Access to the best medical care.
  • A gerontocracy has been running Cuba for security reasons and they have to hand the car keys over to their middle aged kids.
  • You have no right to practice opposition politics. Which is a minus. When you have highly educated people without access to the internet, creativity and productivity suffers.
  • Ironically, the US and Cuba military have had good relations.
  • Once the travel ban and embargo is dropped, and a million Americans come pouring in with fat wallets, the state has basically lost control of the economy.
  • If they can’t trust the citizens to back up the system that has given them these rights, the right to housing, jobs, education, medical care etc.
  • The counter-revolution was exported to Florida, (Republican Cubans – Miami) that’s where they are.
  • Obama Administration – look for travel ban lifted for Cuban Americans. For the first time the President of the United States will owe nothing to the Cubans in Miami.
  • Raul Castro has offered a swap of prisoners with new president
  • Monroe Doctrine Funeral : Established 1823, written by John Quincy Adams, essentially saying that European colonial powers should stay out of Latin America

GuestSaul Landau, an internationally known scholar, author, commentator, and filmmaker on foreign and domestic policy issues. Landau’s most widely praised achievements are the over forty films he has produced on social, political and historical issues, and worldwide human rights. Landau has written over ten books, short stories and poems. His films include: Fidel, 1968 /Cuba and Fidel 1974, / The Uncompromising Revolution, 1990. To order films send email to RoundWorldProductions at gmail.com

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RNC 8: Terrorism Charges Filed, Free Speech Chilled

Eight alleged leaders of the Republican National Convention protest organization called the RNC Welcoming Committee have been charged under the 2002 Minnesota Patriot Act with Conspiracy to Riot in Furtherance of Terrorism. The RNC 8, may each face up to 7 and a half years in prison for their alleged roles in the RNC protest activities. The charges against the RNC 8 follow a year’s worth of investigation by the Ramsey County Sheriff’s Department with coordination of state and federal agencies that had infiltrated and collected information on the group.

The RNC 8 are Monica Bicking, Eryn Trimmer, Luce Guillen Givins, Erik Oseland, Nathanael Secor, Robert Czernik, Garrett Fitzgerald, and Max Spector

According to Bruce Nestor, Minnesota Chapter president of the National Lawyers Guild, police did not find evidence of bomb making materials during the raids only common household items such as paint and computers. The National Lawyers Guild also mentions that police used paid informants that alleged the protesters intended to sabotage airports.

  • RNC Welcoming Committee: anti-authoritarian anarchist group. It is an open, public organization with a website and press releases.
  • Originally charged with conspiracy to riot in furtherance of terrorism.
  • Now, the Ramsey County attorney Susan Gertner in St. Paul Minnesota has added 3 more charges.
  1. Conspiracy to riot in furtherance of terrorism, second degree.
  2. Conspiracy to damage property in furtherance of terrorism.
  3. Conspiracy to damage property criminal charge.
  • With these charges the RNC 8 could get 20 years each under Minnesota patriot act style statute.
  • Includes property damage as an act of terrorism /some plate glass windows broken, some police cars damaged.
  • No property damaged occurred before the RNC 8 were arrested. Evidence Project – National Lawyers Guild

Guest – Gena Berglund with the Minnesota chapter of the National Lawyers Guild.

Harpers Magazine Panel: Justice After Bush: Prosecuting an Outlaw Administration

We hear from Elizabeth Holtzman, Author of The Impeachment of George W. Bush. The panelists at the event discussed methods available to a democracy to prosecute high officials in the Bush Administration and responded to Scott Horton’s Harper’s Magazine cover story called “Justice After Bush: Prosecuting an Outlaw Administration.”

Elizabeth Holtzman:

  • When the president takes the oath of office, treaties are the law of the land.
  • The president is responsible for carrying out the Geneva conventions.
  • The idea to torture in order to get information is not accurate. As a prosecutor, we handle murders, rapes, robberies, everyday in New York City and around this country.
  • We don’t get the information to solve these crimes by beating it out of people, we do it through smart detective work and we do it through careful investigation.
  • The idea that we can handle local crimes without torture or crimes of war is nonsensical .
  • It’s important for us not to get into this trap of the ticking clock. When you’re dealing with a serial rapists or murderer you got a ticking clock too.
  • We manage to deal with that everyday without torturing people in this country.
  • Impeachment: A person can be impeached after he or she has left office.
  • Statute: The Anti-Torture Act, it is a convention against torture making it a US crime. Which makes torture a felony prosecutable in the USA.
  • If death results from torture, there’s a death penalty, which means there is not statute of limitations.
  • Which means that somewhere down the line as long as these people are alive, they can be prosecuted and brought to justice.
  • The War Crimes Act of 1996, which makes it a federal crime to deal in a cruel and inhuman way with detainees. This can be prosecuted in federal courts.
  • So, whether “water boarding” is torture or not, is irrelevant under the War Crimes Act.
  • That’s why Alberto Gonzales, wanted to opt out of the Geneva Conventions with respect to the members of Al-Quaeda.
  • A little problem: The Supreme Court in the summer of 2006 ruled: the Geneva Convention applies to all US detainees. War Crimes Act liability.
  • While passing the Military Commissions Act, they also slipped in that the War Crimes Act would be in effect retroactively.
  • We need to restore the War Crimes Act because it has no statute of limitations. Restore as it was before October 2006, That will allow us no matter what to bring the prosecutions that need to be brought.

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Law and Disorder December 29, 2008

Host Updates:

  • Dick Cheney, Stalin and Hitler Torture Guidelines Traced Back to Chicago.

Naomi Wolf – Give Me Liberty: A Handbook for American Revolutionaries

Law and Disorder hosts welcome back Naomi Wolf to the studio. Naomi is the author of seven books, and the groundbreaking book The End of America: A Letter of Warning To A Young Patriot, which was also turned into a feature documentary now playing in theaters. In the book, Naomi addresses ten steps that societies, dictators, and sometimes democracies use to close an open society to move it toward facsism. Her new book is titled Give Me Liberty: A Handbook for American Revolutionaries which is a call to action for every person, activist or not. When you ask that question “What Can I Do?” The answers are outlined in Give Me Liberty.

Naomi Wolf:

  • A small group of people used the law to subvert the law. Reichstag Fire, then disembowel their own Constitution.
  • Initial thinking inspired from my friend who is the daughter of holocaust survivors, she said the Bush strategies echo early 1930s Germany.
  • Enabling Acts in Germany gave the power to the state to read a person’s mail, listen to their phone calls and read their telegrams. This, in the alleged interest of national security and the fight against terrorism.
  • Nazis used to unload the coffins of the war dead at night.
  • A would-be dictator sought to close an open society or crush a democracy movement. Mussolini in 1920, the great evil pioneer. Hitler studied Mussolini, Stalin studied Hitler.
  • I looked at Russia, studied Czechoslovakia in the 60’s, Pinochet’s coup in 1973, the Chinese crackdown on democracy in the 80s.
  • What I saw was there was a blueprint. The blueprint has 10 steps. The 10 steps have been codified, they teach them at the School of the Americas.
  • To help would be Latin-American dictators to overthrow their own governments. What terrified me is that those ten steps are being put in place by the Bush Administration.
  • The Ten Steps
  1. Invoke a terrifying internal and external enemy
  2. Create a gulag
  3. Develop a thug caste
  4. Set up an internal surveillance system
  5. Harass citizens’ groups
  6. Engage in arbitrary detention and release
  7. Target key individuals
  8. Control the press
  9. Dissent equals treason
  10. Suspend the rule of law

Give Me Liberty: A Handbook For American Revolutionaries

Naomi Wolf:

  • I like most Americans felt frustrated, helpless and powerless, I saw that they felt depressed and as if they had no authority. More depressed than in baby democracies like Sierra Leone
  • I went back, just as I studied closing societies, I looked at how people dismantled tyranny and win back a republic.
  • I drew on some remarkable historians who have established that this idea of liberty were brought forth by ordinary people. They meant to bequeath us with these core American values.
  • What I’ve learned is that we’ve (U.S) been brainwashed for the last 30 years, as part of a systematic effort from a vested interested to get us to forget our leadership role as citizens.
  • We’re really expected to lead the nation and have a whole arsenal of tools at our disposal.
  • There’s a section called fake patriotism, where I talk about the false ideology that leads you away from core texts such as the Bill of Rights that tells you how to overthrow the government to dismantle tyranny.
  • The message I categorically got from the founders was . . we were expected to totally take over the power and not leave it to the pundits to have the debates, not leave it to constitutional scholars, or politicians.
  • Just calling your congressperson isn’t enough, you conform yourself into democracy commando teams of 20 to 30 people.
  • Strategically intervene into the election cycle so you have more power, than lobbyists and special interests.
  • You can stop complaining about the media and become the media, write your own op eds.
  • Tools and information are deliberately kept out of people’s hands.
  • People think there’s a brick wall whenever they pick up these tools, but its a Potemkin village.
  • They don’t want us to engage.
  • A Constitutional amendment that would drive a national referendum to bypass corrupt Congress to make law such as capping Campaign Finance
  • Direct Action Activism. It always works to have thousands of people in the streets.
  • But the kind of protest that always works is illegal. The thing that broke up the Soviet Union, we’re not allowed to do in the United States.
  • Political Marches Today: I went from point A to point B but I feel like I didn’t do anything. You didn’t. The only protest that’s effective is protest that stops traffic. By definition, you can’t get a permit for stopping traffic.
  • These horrible laws in the ten steps are still on the books and its going to take a mass movement to reverse them because Obama is not powerful enough to dismantle them.
  • We need to legislate on the city council level and on the federal level, that our police can’t accept Homeland Security money, tasers, microwave technology and rubber bullets.
  • All the cold war weapons manufacturers have shifted into building surveillance and security technologies. Their lobbyists sit down with Homeland Security and write the laws. That pressure is not going away.
  • Barack Obama does not have the power to stop Boeing, Raytheon and AT&T. The population is the back bone for what the next president can do.

Guest – Naomi Wolf, American author, political consultant and intellectual. She is the author of The End of America: A Letter of Warning To A Young Patriot. It’s an impassioned call to return to the beliefs of the Founding Fathers. In the book, Wolf shows how events in the last six years echo those taken throughout history to build some of the worst dictatorships. A documentary film titled End of America was released this fall along with her follow up book Give Me Liberty: A Handbook For American Revolutionaries.

Naomi Wolf is the co-founder of the Woodhull Institute for Ethical Leadership.

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Related News Stories:

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Law and Disorder December 1, 2008

Host Updates:

Michael Ratner and Michael Steven Smith update on the media discussions of whether to prosecute the “torture conspirators”, the details of Attorney General Michael Mukasey’s collapse, and a preventive detention scheme that could replace Guantanamo prison.

  • No truth commission. Insist on criminal investigations and prosecutions of torture conspirators.
  • Power concedes nothing without demand, it never did and it never will.
  • Mukasey gives speech about not prosecuting people during Federalist Society speech, then collapses on the stage.
  • A Seattle state court judge in the federalist society audience started yelling, Tyrant! Tyrant! Tyrant!
  • This was about law itself, unless you have prosecutions going forward it will happen again.
  • How will Guantanamo be closed? CCR general position: Repatriate 95 percent, try the rest in federal court.

Related Articles:

ali al-marri riot-police.JPG Jonathan Hafetz

Ali Al-Marri Case Update: Key Police State Building Block At Stake

In June of this year, an en banc Federal Appeals Court in Virginia ruled 5-4 that the Bush Administration could subject Ali Al-Marri to indefinite detention even though he was a resident of the United States. The court in the fourth circuit ruled that US residents could be locked up indefinitely as enemy combatants even though they were never charged with a crime. Al-Marri is the only enemy combatant currently in detention and without charges in the United States.

Jonathan Hafetz:

  • Can the president declare legal residents including American citizens, enemy combatants, deprive them a right to a trial and hold them indefinitely.
  • This, based on the idea that there is a global and never ending war on terror.
  • Though on sovereign soil, no right to habeas corpus. He was declared an enemy combatant, the case was lost in an embank in the fourth circuit
  • Why is this case so critical to liberty in the United States . . . ?
  • The five judges who ruled against the case, said essentially that there must be this power to effectively detain people in the United States to prevent terrorist attacks.
  • Ruling: the president can label legal residents including American citizens an enemy combatant in the United States, without a trial, no habeas, hold them indefinitely.
  • It’s the idea of the president to use the military to seize people including citizens from their home or places of work.
  • A very dangerous power to allow any president to have, it corrupts the justice system, it can be used as a weapon,
  • Seven years of these cases of assertion of executive power, and the courts have not answered this fundamental basic question, who can be detained by the military, who is a soldier and who is a civilian?
  • All that is stated is that if someone picks up a weapon on the battlefield, that person can be a soldier, but in the most extreme cases in the war on terror – – such as being picked up in the United States as a soldier in the extended geographic concept of the war on terror – – the courts have not grappled with whether there is habeas in those cases.
  • Even the judges who ruled against us did say that it included American citizens.

Guest – Jonathan Hafetz, Staff Attorney at the American Civil Liberties Union, National Security Project.

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Jeremy Scahill: This Is Change? 20 Hawks, Clintonites and Neocons to Watch for in Obama’s White House

As President-elect Barack Obama starts building his administration, many are watching who he selects and how these choices will be consistent with the rhetoric of change. Hosts talk with investigative journalist and author Jeremy Scahill about his recent article calling to question the list of recent appointees to the Obama team. Some have a history of supporting torture, despite Obama calling for the shutting down of Guantanamo, and others have associations with the neo-conservative Project For The New American Century.

Jeremy Scahill:

  • Clinton’s policies laid the groundwork for some of the most repressive and violent policies of the Bush era, on Iraq, civil liberties, on economic policy.
  • He (Clinton) rained missles down on Iraq, bombed Yugoslavia in 1999 without UN authorization. He pushed through NAFTA and GAT, he launched airstrikes against Sudan and Afghanistan, he militarized the war on drugs, particularly the counterinsurgency war in Latin America. CIA renditions began.
  • Obama is taking these same individuals who were part of that bi-partisan war machine and putting them back in prominent positions.
  • Obama’s defense secretary – Robert Gates, George HW Bush’s former director of the CIA.
  • What message does that send not only to the anti-war people who were a large part of Obama’s base but to those which heard Obama say we’re going to change the way Washington’s foreign policy is run?
  • Henry Kissenger says it’s (Obama administration) outstanding.
  • The fact that these people are praising Obama, gives us a sense of what to expect from the economic team.
  • The message is clear that corporate interests are going to reign supreme, over the interests of ordinary working folks in this country.
  • A total contradiction in Obama’s campaign pledge to speak up for the middle class. The reality is is that he is putting together a team with the people who are part of the problem.
  • Naomi Klein: Obama represents the status quo, which is not good for people who roll up their sleeves everyday and go to work, or suffering poor
  • Eric Holder, attorney general, though better than any AG the Bush Administration has appointed, Holder has worked the Chiquita Banana Co., the most vicious violators of human rights in Latin America.
  • I think its incredibly important that we put tremendous pressure on the Justice Department, on the Obama Administration to actually seek out justice.
  • Obama Adminstration may not prosecute “torture conspirators.” because they open themselves up to Democratic complicity. Complicity such as voting for the Patriot Act, supporting the illegal, unlawful prison in Guantanamo.
  • Former Chief Assistant of the CIA, Brennen steps down from CIA director nomination, a passionate supporter of torture techniques.
  • The idea that Obama even keeps him on board as one of the people who is going to decide who runs the intelligence apparatus in this country is shameful.
  • It’s Orwellian, you vote for change, and you get torture and skewed intelligence.
  • The reality is that Obama is not going to end the occupation in Iraq, he is going to escalate the war in Afghanistan.
  • He’s not going to be great at all in holding the Bush officials accountable.
  • We need to start building a movement in this country that is independent of electoral politics.
  • Ultimately the premier issue of our time – Radical Privatization.
  • Yes, its good that John McCain and Sarah Palin are not in power in this country but Obama is not a saint, he is a center democrat, closely tied to the democratic policy elite.

Guest – Jeremy Scahill, investigative journalist and author of Blackwater: The Rise of the World’s Most Powerful Mercenary Army. He is also a Puffin Foundation Writing Fellow at The Nation Institute and a frequent contributor to The Nation. Scahill and colleague Amy Goodman were co-recipients of the 1998 Polk Award for their radio documentary “Drilling and Killing: Chevron and Nigeria’s Oil Dictatorship”, which investigated the Chevron Corporation‘s role in the killing of two Nigerian environmental activists.

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Law and Disorder November 24, 2008

Host Updates:

Watch: Michael Ratner – Should High Gov’t Officials Be Investigated and Prosecuted? – Quicktime

Related New:

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Mara Verheyden Hilliard: Inauguration 2009 and the Partnership For Civil Justice

Hosts talk with Mara 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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Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law http://michaelstevensmith.com/ Heidi Boghosian Daniel Gross - Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law

Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law

Law and Disorder hosts welcome back attorney, author and union activist Daniel Gross who has co-written with author, lawyer and historian Staughton Lynd the recently published, Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law.

Daniel Gross:

  • Led movement to unionize baristas at Starbucks
  • Subtitle of the book –“building solidarity while staying clear of the law”
  • We try to show in the book how the law represses and co-ops solidarity amongst rank and file workers.
  • It is the rank and file that transform both work and society.
  • A union is a group of workers standing together to take direct action.
  • We shouldn’t let the government or employer define whether we are a labor union or not.
  • Book chapter – No One Is Illegal – practicing solidarity unionism.
  • The risks are so high for immigrants to come to this country, often you’ll see a tremendous willingness to fight back.
  • In the current economic crisis, I think there’s a lot of opportunity for rank and file upsurges.
  • We will also see repression at this time to avoid a fundamental transformation of society
  • Organize for transformational demands – demands that spark more collective activity and also question the fundamental role of corporations in our lives.
  • In the union solidarity model, workers themselves operate and control there own campaigns.
  • A handful of shop workers on the floor who are challenging the boss, speaking out publically and a resource that other co-workers can go to. That’s a real power on the shop floor.

Guest – Daniel Gross, attorney, author and union activist. Daniel works with Brandworkers International, a New York-based not-for-profit organization powered by a global network of committed individuals, advocates, lawyers, and organizers who believe in holding corporations accountable to workers and communities.

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Law and Disorder October 27, 2008

Updates:

troy-and-mom.jpg troy-demo.jpg troy-davis-faces.JPG

Stay Issued In Case of Troy Davis

Monday, October 27 was the day set for the execution of Troy Davis. A third stay has been issued by the U.S. Court of Appeals for the 11th Circuit. A 3 judge panel ordered attorneys to draft briefs that address whether Troy Davis can meet requirements for a next round of appeals. Attorneys have 15 days to file briefs.

Two weeks ago the Supreme Court refused to hear Troy Davis’ death penalty appeal, despite broad out pouring of support from former President Jimmy Carter, the European Parliament, Archbishop Desmond Tutu, to Jessie Jackson Jr. and this list goes on.

Lawyers Launch New Appeal Effort

Guest – Jessie Cohn with the Death Penalty Abolition Campaign Amnesty International USA

jon burge apollo beach exit florida Jon Burge - AP photo

Former Chicago Police Commander Jon Burge Arrested

Former Chicago Police Commander Jon Burge was arrested last week near Tampa Florida on charges of obstruction of justice and perjury. The sixty year old retiree was picked up in his Apollo Beach home for allegedly lying about whether he tortured suspects in Chicago decades ago. According to People’s Law Office Attorney Flint Taylor, torture techniques included electric shocks and dry submarino, (suffocating with bags)

Under Seventh Circuit law if there’s a conspiracy to cover up the evidence in a civil case to show fraud then you can bring the case again. The People’s Law Office brought the case in 2005 and the city of Chicago refused to settle the case while pumping hundreds of thousands of dollars in that case. Flint Taylor says the city has spent over the 10 million dollars in aiding the defense of Commander Jon Burge.

Guest – G. Flint Taylor, attorney at the Peoples Law Office.Taylor, a graduate of Brown University and Northwestern University School of Law and a founding partner of the People’s Law Office.

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Luis Posada Carriles: A Tribunal

We hear the last of the speeches from this tribunal. Brian Becker, Director, A.N.S.W.E.R. Coalition.

From the New York Daily News: “It took years, but he is finally going to be charged in the U.S. for his crimes – even if only symbolically. It will occur here, in New York, when a tribunal composed of scholars and human rights activists take up the case of international terrorist Luis Posada Carriles, a man who is responsible for a long list of murderous attacks.

Posada, though, is a very lucky man. Despite his dark history, Posada remains free to roam Miami’s sunny streets and happily lives at home with his family. His rap sheet is long and deadly.  A convicted terrorist in two countries – he escaped Venezuela and was pardoned in Panama – Posada is considered the mastermind behind the 1976 bombing of Cubana Airlines Fight 455, which killed the 73 passengers on board, including the Cuban national fencing team. He is believed responsible for a string of hotel bombings in Cuba, resulting in the death of Italian tourist Fabio diCelmo. But these are only two examples of his treachery. Posada later boasted about the diCelmo killing in a New York Times interview, which should give everybody a clear idea of what kind of person this man is.

Inexplicably, the Justice Department has refused to classify the former CIA operative as a terrorist. The reason may have to be found in Posada’s long and extensive ties with the CIA and several other nation’s intelligence agencies.”