Civil Liberties, Criminalizing Dissent, Extraordinary Rendition, Guantanamo, Habeas Corpus, Human Rights, Surveillance, Targeting Muslims, Torture, Truth to Power
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Host Updates:
- Dick Cheney, Stalin and Hitler Torture Guidelines Traced Back to Chicago.
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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.
- Invoke a terrifying internal and external enemy
- Create a gulag
- Develop a thug caste
- Set up an internal surveillance system
- Harass citizens’ groups
- Engage in arbitrary detention and release
- Target key individuals
- Control the press
- Dissent equals treason
- 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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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Impeachment, Supreme Court, Targeting Muslims, Torture, Truth to Power
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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:
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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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Censorship, Civil Liberties, Criminalizing Dissent, Guantanamo, Habeas Corpus, Human Rights, Supreme Court, Surveillance, Truth to Power
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Watch: Michael Ratner – Should High Gov’t Officials Be Investigated and Prosecuted? – Quicktime
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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
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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Censorship, Criminalizing Dissent, Death Penalty, Guantanamo, Habeas Corpus, Human Rights, Military Tribunal, Prison Industry, Torture, Truth to Power
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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
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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.â€
Civil Liberties, Criminalizing Dissent, Impeachment, Iraq War, Truth to Power
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David Swanson: Vermont AG Candidate Backs Prosecution of President Bush for Murder
Hosts Michael Ratner and Michael Smith check back with journalist David Swanson about the War Crimes Conference. David was at the conference, there was a great turnout at the event and thousands viewed online. One strategy in The Prosecution of George W. Bush for Murder is to establish jurisdiction in the cases for Attorney Generals in each state and also the approximately 900 district attorneys in the counties of those states.
Bugliosi says it’s not unreasonable to believe that at least one prosecutor will be courageous enough to step up. She did, her name is Charlotte Dennett, Progressive Party candidate for Vermont attorney general. Dennett says if elected she would prosecute Bush for murder, appoint Bugliosi as a special prosecutor to hold Bush accountable for deaths stemming for the Iraq war.
How to make a citizen’s arrest of a war criminal.
Guest – David Swanson, creator of many media-based websites including ConvictBushCheney.org he has worked as a newspaper reporter and as a communications director, with jobs including press secretary for Dennis Kucinich’s 2004 presidential campaign.
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Economic and Political Analysis: Historic Financial Crisis and Bailout
Michael Smith and Michael Ratner host a lively discussion with economist Max Wolff and political science professor and author John Ehrenberg. Max Wolff begins with an anatomy of the financial collapses – “Low wage growth for majority of Americans, meanwhile global capacity for productive enterprise has skyrocketed and the way to make money is to find something to produce for very low wages. This creates a classic problem of insufficient aggregate demand. We can make it cheap, we can find this 11 year old in the rain forest to work in the factory for 39 cents an hour. Not successful if you can’t find a buyer. So, your success breeds a nightmare, the nightmare is resolved by international financial markets and growing debt.”
In the last half hour John Ehrenberg joins in. He says the US needs a new New Deal, and though this is a dangerous time, it could be an opportunity for strong social movements. The Republican vetting of Palin is a major concern – “The sneering contemptuous disdain for serious thought or consideration for deliberation.” Faux populism that rewards capital and punishes labor and yet coming forward as a party for the common man.
Guest – Max Fraad Wolff , freelance researcher, strategist, and writer in the areas of international finance and macroeconomics. Max’s work can be seen at the Huffington Post, The AsiaTimes, Prudent Bear, SeekingAlpha and many other outlets.
Guest – John Ehrenberg, author of the book “Servants of Wealth: The Right’s Assault on Economic Justice.†A professor of political science at Long Island University, in this, his third book, critically analyzes the rise of an ideologically coherent Right. He dissects their themes of military weakness, moral decay, racial anxiety, and hostility to social welfare to reveal their central organizing objective of protecting wealth and assaulting equality.
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Afghanistan War, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Impeachment, Iran, Iraq War, Military Tribunal, Supreme Court, Surveillance, Targeting Muslims, Truth to Power
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Updates

The Prosecution of President Bush and Other Administration Officials for War Crimes
This month, Larry Velvel, dean and co-founder of Massachusetts School of Law at Andover will hold a conference to plan the prosecution of President Bush and other administration officials for war crimes. The conference will take on the issues of both domestic and international crimes committed by high level Bush officials, including Federal judges and members of Congress. A coordinating committee of legal groups will also be created, among the legal groups are the Center for Constitutional Rights, ACLU, National Lawyers Guild. Official Site
“This is not intended to be a mere discussion of violations of law that have occurred,” says convener Lawrence Velvel, dean and cofounder of the school. “It is, rather, intended to be a planning conference at which plans will be laid and necessary organizational structures set up, to pursue the guilty as long as necessary and, if need be, to the ends of the Earth.†related article
Velvel Interview Notes:
- Conference will be held in undisclosed location for the time being.
- Until people have the fear they will be brought to book if they violate the law in a very serious ways that cause tens of thousands of deaths, what will stop them from doing it in the future?
- Unless there is something to look back on, like the Germans and the Japanese apparently know, don’t do it again because people swung.
- Who’s to say it won’t happen 20 or 30 years in the future again.
Guest – Lawrence R. Velvel, Dean of Massachusetts School of Law and a professor of law. Mr. Velvel is a 1960 graduate of the University of Michigan and a 1963 graduate of the University of Michigan Law School, where he served on the law review and was elected to the Order of the Coif. He was a law professor from 1966-1978, first at the University of Kansas and then at Catholic University. He has been a partner in major law firms in Washington, D.C., and was the first chief counsel of an organization established to write United States Supreme Court briefs in support of state and local governments. read more.
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New Guidelines Would Give F.B.I. Broader Powers
A Justice Department proposal which could be made public in a month, has given the government even broader license to open terrorism investigations, without any evidence of wrongdoing, relying instead on racial or ethnic profiling. Currently, FBI agents need specific reasons, such as evidence or allegations that a law probably has been violated, to investigate US citizens and legal residents. Last month, The Council on American Islamic Relations decried the forthcoming plan as “unconstitutional and un-American.â€
This proposal is among other aggressive plans the Bush administration has put in place such as new wiretapping regulations and authorizing greater sharing of intelligence information with the local police. The Director of National Intelligence has set up – Information Sharing Environment – where certain police authorities will have access to information produced by the FBI, by the intelligence community and also by police departments around the country.
It is “one stop shopping” for all these different police agencies and even private companies to have access to this highly speculative, accusatory, fragmented and often erroneous information.
Intelligence Fusion Centers – which I think is a real problem, particularly since there’s very little oversight of these centers
there’s no way to correct these watch files, – a main problem with the closed system, where no one has an opportunity to go in and say you got this piece wrong.
Related Article : Colorado ‘fusion center’ to step up intelligence gathering during DNC
Mike German Quotes:
- Giving the FBI more authority to collect more information isn’t helping the FBI be more effective.
- Gathering information about innocent people won’t help find guilty people.
- There is no terrorism profile, people are drawn to terrorism for all sorts of reasons.
- Terrorism watch list : 1 million individual records – clearly nobody believes there’s a million terrorists out there.
- The FBI don’t know to this day, how many national security letters they’ve issued.
Guest – Mike German, attorney with the ACLU and former FBI agent. Mike German is a recognized expert in terrorist group behavior, counter-terrorist operations, and right-wing extremism. He has appeared on Dateline NBC, Paula Zahn Now, CNN, and MSNBC and his commentary has been published in the National Law Journal and the Washington Post. Mike served for sixteen years as a Special Agent with the Federal Bureau of Investigation and is one of the few agents credited with actually having prevented acts of terrorism before it became the FBI’s number one priority.
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