Civil Liberties, Criminalizing Dissent, Crony Capitalism, Human Rights, Prison Industry, Torture, Truth to Power
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Workers Win Large Settlement at Supplier to Chinese Restaurants After Hard Fought Campaign
A bitterly contested campaign against Pur Pac, a food distribution warehouse giant reached a settlement of 470 thousand dollars for workers who had their wages illegally withheld and more. The workers organized with Focus on the Food chain, Brandworkers and International Workers of the World to challenge sweatshop conditions, wage theft, retaliation and discrimination in the sprawling industrial corridor of food processing and distribution that service New York City markets and restaurants. Daniel Gross, the executive director of Brandworkers said – quote – The conditions in the sector are deplorable and systemic but, as the Pur Pac workers have shown, positive workplace change can and will be won.”
Attorney Daniel Gross:
- Pur Pac is typical of an industrial corridor of food processing and distribution warehouses that service a tremendous amount of food to restaurants and supermarkets in New York. Much of what we eat in restaurants is processed in sweatshops.
- Pur Pac is a distributor of restaurant and food supplies to Chinese Restaurants, cafes and bakeries. They distribute huge quanitities of rice, cooking oil, chopsticks.
- Sweatshop, tremendous amount of wage theft, hundreds of thousands of dollars. Vicious retaliation for workers who stand up for their rights, exhausting long shifts, very heavy work.
- We facilitate worker led, comprehensive campaigns. The company used several tactics to avoid accountability here, the main approach that they used is they engaged in sham sales.
- They would fraudulently transfer assets, rebrand the company. The company was originally called Easy Supply. Easy Supply escaped accountability by purporting to go out of business, now same factory, same trucks, same products was called Sunrise Plus. We caught up with Sunrise Plus and they engaged in another sham sale and that created Pur Pac.
- We were also able to win a binding code of conduct, which creates very powerful protective mechanisms for collective activity, going forward.
- We were able to win recognition for the IWW, as exclusive bargaining agent for Pur Pac workers. It was really the biggest victory for Focus On The Food Chain.
- I was a low wage worker mostly in retail and fast food. I was working at Borders Books and Music and really felt the sting of a multi-national employer which at the time was highly profitable. It didn’t pay a fair wage, offered an insecure and unpredictable schedule.
- It employed a management force that really showed tremendous disrespect for rank and file workers.
- We had 44 Starbucks stores that were infested with rats and insects. We did worker-citizen journalism and we got photos and video of these rats and roaches, we inflated a huge, inflatable rat in front of the stores and shared our video and photographic evidence.
- Starbucks is still engaged in really a scorched Earth effort, complete disrespect for the right to organize and free association.
- The National Labor Relations Board (NLRB) is the administrative agency charged under federal with administering union management affairs. They have jurisdiction over cases under the National Labor Relations Act.
- Mezonos Maven Bakery is a food production sweatshop. Mezonos Maven was cheating workers out of their wages, disrespecting workers, and the workers came together, they didn’t join a union but they came together with community groups, etc. Mezonos Maven, started illegally firing workers.
- When the workers stood up to the most basic worker’s rights, they were subjected to fierce immediate retaliation.
Guest – Attorney Daniel Gross, Executive Director of Brandworkers, a non-profit organization protecting and advancing the rights of retail and food employees.
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Federal Judge Rules Former Mayor Daley Can Be Sued For Alleged Torture Cover Up
We continue to bring updates on the ongoing police torture and abuse scandal revolving around former Chicago police commander Jon Burge. Recently, a federal judge has now ruled that former Chicago Mayor Richard Daley can be allowed to be kept in the lawsuit where he is charged with conspiracy to cover up police abuse and torture. As many listeners may know, Burge has been sentenced to 4 and a half years in prison for obstruction of justice and lying about torturing prisoners to obtain coerced confessions. The People’s Law Office brought the case in 2005 and the city of Chicago refused to settle while pumping hundreds of thousands of dollars into the case.
In the beginning of September, attorney Flint Taylor will depose former mayor Richard Daley which will force him to answer questions about the abuse of African Americans under Burge’s command. This case has already cost Chicago taxpayers more than 43 million dollars in settlements and legal fees. Past shows with Attorney Flint Taylor
Attorney Flint Taylor:
- Daley was the state’s attorney for Cook County for eight years in the 80s during that time he was specifically informed of police torture.
- Instead of doing anything about it and dealing with the torturers, Jon Burge and company, he continued to encourage it by prosecuting men who had been falsely arrested and charged based on tortured confessions sending as many of them to death row.
- When he became mayor, he continued to have an active role in the cover up of the torture practice.
- He had at various times as chief of law enforcement and chief executive of the city of Chicago, the power and obligation to act and if he did, we wouldn’t have had all these men on death row, and in the penitentiary and we wouldn’t have had all these men tortured.
- We brought it several times in lawsuits starting in 2003. Judges had consistently turned their backs on that claim.
- The new Chicago mayor Rahm Emmanuel who has successfully tip toed past this both in his campaign and now as the first 100 days of being mayor had to respond to it.
- They’ve paid over 13 million dollars to defend these civil cases that we’re in. We take the mayor at his word, and we hope this leads to settlements and compensation for the men who’ve been tortured.
- There are six men who have lawsuits in court. Unfortunately because of statute of limitations most torture survivors don’t have lawsuits.
- There are still 15 men behind bars in Illinois, based on tortured confessions that Jon Burge and the Area 2 torturers coerced from them. We’re fighting to have them all get new hearings.
- I don’t know if a Daley denial in some of the actions in this case would tantamount to perjury that Fitzgerald would be interested in.
- There is a major memoranda that was sent from the police superintendent at that time to Daley, a kind of CYA saying “I’ve been giving this powerful evidence of torture from a doctor over at the county hospital.
Guest – Attorney Flint Taylor, a graduate of Brown University and Northwestern University School of Law and a founding partner of the Peoples Law Office. More bio
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Civil Liberties, Crony Capitalism, Guantanamo, Habeas Corpus, Human Rights, Surveillance, Truth to Power
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Updates:
- Tim DeChristopher Sentencing – Bidder # 70
- Aaron Schwartz, Anonymous Activists and Paypal
- Australian Government Seize Profits from David Hicks’ new book – Guantanamo, My Journey
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From Economic to Social Crisis: Deficits, Debt and a Little Class History
We welcome returning guest Rick Wolff, Professor of Economics. We talk with him about his latest article, From Economic to Social Crisis: Deficits, Debt and a Little Class History. Earlier this year Rick pointed out how the Democrats and Republicans debate over spending cuts at around 40 to 60 billion. Rick says the debate is inconsequential, when the federal budget’s projected deficit of $1.5 trillion will carry an annual interest cost of $40-60 billion. Now, as both parties are committed to a broken, corrupt system, Rick points out that historically transitioning to another economic system is not in the public discussion. He says, the tools used to recover from the 1930s economic collapse can’t be used today mainly because of the last 75 years of rising national debt and budget deficit.
Professor Rick Wolff:
- This is mostly theater, the people I talked to in the business of finance and government are quite clear that the United States will work this out.
- It is a sign of the political dysfunction that they can’t do it in a reasonable way.
- It is a normal procedure to periodically ask for the debt ceiling to be raised, so that they can borrow the amount of money stipulated by the budgets they have passed. The sitting president asks for the debt ceiling to be raised, Bush did it eight times. It’s normal.
- The only thing the Democrats have left, to not look defeated, is to make a big deal out of the cuts they’re willing to accept are smaller than the “draconian” version that the Republicans want.
- The Republicans don’t know, the Democrats don’t know (what will happen). They fundamentally don’t care, because they have long ago decided that their political needs and strategies are unhooked from the underlying economic situation.
- We’re spending 3.5 trillion dollars this year as a Federal Government. We’re raising 2 trillion. That means 1.5 trillion has to be borrowed otherwise its not going to happen.
- That’s money that will be used to help old people’s needs, help fight wars in Iraq, Afghanistan, Libya, Pakistan, to help cities and states that need support, etc.
- The actual creditors in the immediate situation have nothing to fear.
- For the rest of the world you have a double whammy, which is what we should be thinking about.
- We have the driver of the world’s economy collapse in 2007/2008 and having been unable to recover since.
- The bottom line is this economy isn’t working well and isn’t solving its crisis. This is now a deeper, longer crisis than any since the Great Depression.
- That means every other player in the world, from a Chinese official, to a Spanish bank to an investor in Brazil has to rethink what he or she thought.
- A thousand small decisions are going to be made a little differently from now on.
- There is no proposal working its way through Congress to provide employment to the tens of millions of people who have no work.
- The president’s statement (is a bipartisan commitment to ignore the problem of unemployment.)
- The most extreme proposal is to cut 4 trillion dollars in the next ten years. This year alone the US deficit will run one thousand five hundred billion. 1.5 trillion.
- The debtors know that at a certain point there’s going to be trouble.
- You can’t continue to cut the masses’ standard of living to make money for big bankers, that’s not a political sustainable program. Not here, not in Greece, not anywhere else.
- The silence of the press here is stunning. There have been multiple general strikes across Europe.
- The greed of the corporations, they’ve had their way for 30 years. Republicans and Democrats alike, have basically gone in the direction they want. Corporate taxes have been cut, regulations relieved, money is everything, wealth is everything, consumption is where you are.
- The smaller business (corporations, etc) are late to party. They still want to get theirs. Those who already got theirs don’t want them to mess up the game. I believe you will see big splits emerging among the Right in America because these are different attitudes.
- They want a stable United States so that they can grow in the rest of the world, because that’s where they think growth is coming.
- They don’t need to maintain the roads like they did, they don’t need to maintain the education in this country.
- You can appeal to them, you need these workers, you need these consumers. No we don’t. We don’t need them as workers, and we don’t expect them to be much in the way of consumers, because they would have to borrow and we’re not going to lend to them.
- They would have to have higher wages, and we’re not going to give that to them. We have no reason to, we have cheaper better workers elsewhere.
- You are subjecting your working class to a major sustained attack on its standard of living. To believe this is all going to happen and they’re quietly going to sink some resignation with no consequence is nutty.
- The attempt to isolate, to freeze, to inoculate the population so they don’t fear what’s coming. It’s falling apart in Europe, but it will fall apart here too.
Guest – Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program in International Affairs of the New School University, New York City. He also teaches classes regularly at the Brecht Forum in Manhattan.
CIA Sponsored Terror, Civil Liberties, Crony Capitalism, Human Rights, Hydraulic Fracturing, Targeting Muslims, Truth to Power
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Natural Gas Drilling Moratorium To Be Lifted in New York
New York Governor Andrew Cuomo is pushing to lift the moratorium on natural gas drilling, known as hydraulic fracturing in New York State. Hydro-fracking as its called is in many opinions an environmentally wreck-less technique to extract natural gas from shale. While the lifting of the moratorium is still months away, it comes despite the massive efforts from environmental and community groups in New York, New Jersey and Pennsylvania who have protected the Marcellus Shale watershed.
In a statement released by the State Department of Environmental Conservation, there will be environmental restrictions placed on the natural gas drilling permits in New York State, such as no drilling within 2000 feet of a public reservoir.
However, ninety percent of the New York City’s drinking water comes from ground zero of where various oil companies want to drill into the Marcelle Shale for natural gas. Every time a well is drilled, the companies use an estimate of 5 to 9 million gallons of water. Each time a well is fractured, it’s another 5-9 million gallons of water, a well can be fractured multiple times. Up to 275 different toxic chemicals are used in the process and after the well is drilled, there are millions of gallons of industrial waste, it’s essentially radioactive water. 40-70 percent of this water stays underground.
The watershed is 13 thousand square miles and includes four and those that want to mine this resource say it will reduce dependence on foreign oil and boost the economy. However, many have shown this statement to be false as the natural gas from the United States is being sold to foreign countries such as Norway and France.
Meanwhile, a lawsuit is pending against several federal agencies affiliated with the Delaware River Basin Commission to block final regulations on hydro-fracking until a full environmental review can be conducted. Past shows on hydro-fracking: Law and Disorder March 21, 2011 / Law and Disorder March 29, 2010
Attorney Jordan Yeager:
- Hydro-fracking is part of a broader industrial practice. Basically what we’re doing is allowing companies to drill down a mile deep through our aquifers, which we all depend on for our drinking water.
- Once they get down there, they start to drill horizontally, they’re aiming for the shale formations underground.
- In order to release the gas from the shale, they blast it with this nasty stuff, chemicals that they don’t want to disclose.
- They’re also developing and industrializing large swaths of land. When they do that they’re polluting the waters of New York and Pennsylvania and every place where this is happening.
- Generally what is proposed is to allow around 85 percent of New York State that has Marcellus Shale to be open to drilling that they would not allow drilling to take place in the New York City and Syracuse watersheds. And they would not allow it to take place within what they primary aquifers and state owned game land.
- But all other places and private land, they would allow it to happen.
- Those people who live in New York City, and in Syracuse, those people would be protected from this activity, but the people in the rest of the state would be subjected to it.
- For every 17 or 18 gas wells that you drill, you can expect to see water contamination from that.
- But then we’d ask why would we allow the rest of New York to be exposed to it?
- In Pennsylvania, its completely ruining the roads in the northern half of the state, its tearing up communities. In Bradford County we had a blowout, not too long ago, which caused damage not only to streams but to drinking water in that area.
- We are going to see continued failures wherever this happens. The question is . . . are we going to allow it to happen? Are we going to force this practice to follow the science and only allow it to happen if the science says it can be done safely? We’re simply not there.
- In Pennsylvania, what we’re seeing is most of those jobs they’re talking about are going to folks outside the state. They’re bringing in people from the western states, who have experience in drilling. You to also look at the broader economic impact. When a community loses its water supply, that is bigger impact than a handful of jobs.
- If we don’t have clean water in order to live and for other businesses to operate, we’re going to see much greater economic damage.
- We’ve been dealing with the Delaware Water Basin Commission to make sure they don’t allow the Delaware River to be poisoned by these activities.
- When the people of Pennsylvania, the people of New York and New Jersey, are fully awakened to the dangers of this activity, we’ll be able to build a movement and reign it in.
- There are dangers associated with these industrial activities, and we have to look at the dangers in the broadest sense.
- Natural gas has been identified by some as a clean fuel, but that’s when they compare it to how it burns and how coal burns. That’s one part of the natural gas story.
- You have to also look at the dangers in the process of extraction. When we drill down a mile deep, we’re finding naturally occurring radioactive material and as part of the drilling process, we’re then bringing that up to the surface.
- Look, we need energy. We need to decide what level of risk we’re comfortable with. In my opinion, we need to be looking at renewable energy, like solar, like wind, get investments, and get them to a larger scale.
- With this new direction from New York, we need to make sure there’s adequate time public participation and what was announced last week, is they would only allow a 60 day public comment period. That’s simply not enough. They haven’t looked at the research that’s been established since they closed the record in 2009.
- The public needs more than 60 days to educate the folks at the state level about what we’ve been learning since December 2009. We ought to be looking at a 6 month period on what was proposed for New York State.
Guest – Attorney Jordan Yeager, a National Lawyers Guild member, a cooperating attorney with the Center for Constitutional Rights and member of Damascus Citizens. Curtin & Heefner LLP recently elected leading public interest attorney Jordan B. Yeager to its partnership. Mr. Yeager is a member of the firm’s Employment and Public Sector Section. Formerly in private practice as the named partner in a public interest law firm, Mr. Yeager served successfully as counsel in several groundbreaking cases, including matters involving constitutional rights issues; claims of reasonable accommodation against a municipal defendant; and the right to a jury trial in a whistle-blower retaliation case.
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Second Austerity Measure Imposed On Greece
Protests and demonstrations continue to erupt in Greece as demonstrators rise up in the streets against deep cuts in services and jobs from austerity. Austerity is the name of the government’s response to the demand of its creditors. Austerity imposes on society a severe regimen of rising taxes, or cut government spending to please and satisfy creditors. Greece as predicted by Economics professor Rick Wolff a year ago has been hit the hardest by the global economic disaster. Why? For many reasons, it has a strong working class, socialist roots and a public sector made primarily of union jobs. The austerity has cut into the working class jobs as the country privatizes the post office, gas, water works and railway. Meanwhile, the wealthy continue to evade taxes in Greece and in the United States. Past shows on Greece: Law and Disorder
Professor Costas Panayotakis:
- I was in Athens that last few days, what you have in the European Union is imbalances that resulted partly from the introduction of the Euro, but also, by the general phenomena in the division of the world of some countries more technologically advanced and others that are not.
- Right now you have a crisis, partly a European crisis, its not that the Greek culture is a pathological culture, as the mainstream media sometimes presents. Each crisis has its specifics, Ireland, Portugal, in Greece, the specificity is that the wealthy are not paying taxes.
- There are tax evasion problems, the problem in Greece is of primarily of revenues rather than spending.
- The mainstream media talks about the “bloated” public sector of Greece. The public sector is aligned with other public sectors in other countries. Now what they’re trying to do of course, traffic out jobs from the public sector to make Greece a public sector a small part of the economy as it is in developing countries in Africa.
- Because its debt has become so unmanageable, there was an austerity pack that was adopted last year that 110 billion dollars. Drastic cuts in public spending, welfare state,
- Now what’s happened as is often the case, with IMF problems, the program didn’t work the way they said it was going to. Now Greece needs another loan to keep servicing its debt. One of the conditions is that Greece has this huge fire sale of all its public assets. The hope is that its going to raise 50 billion Euros.
- Because values in all the public companies have shrunk rapidly, whoever buys them will buy at a really low price. Many Greeks are up in arms about that. Now they see the banks wanting to follow up with more of the same, that’s why 80 percent of the Greeks oppose this policy.
- We had a 2 day general strike last week, a 48 hour general strike had not happened in Greece for decades.
- You also have a demand for real democracy, direct democracy. One of the demands was not to pass the austerity package.
- Every 3 months there are news measures that have to be adopted in order for Greece to get the next installment of the loan. If Greece defaulted on their loan, it would effect the Eurozone in a very direct way, it would effect European banks.
- I think the lesson to take away from this is fighting back is necessary.
Guest – Costas Panayotakis, a professor at the New York City College of Technology.
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Civil Liberties, Climate Change, Crony Capitalism, Supreme Court, Truth to Power
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Updates:
- Food Not Bombs Plans To Sue Orlando Mayor
- Pelican Bay Hunger Strike
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Supreme Court Decision On Climate Change
Last month the Supreme Court, reaffirmed that it is the job of the Environmental Protection Agency to curb carbon pollution under the Clean Air Act. This was decided in the Connecticut v. American Electric Power case which doesn’t allow states to directly bring a lawsuit against five of the largest power companies to regulate their emissions as a public nuisance. As many listeners may know, power plants are the nation’s biggest climate polluters. They can pump more than two billion tons of carbon dioxide into the air each year. Other polluters include automobile emissions and housing stock. Some of the world’s top scientists report that pollution has been linked to climate change.
Law Professor Eleanor Stein:
- In the 2004 case, the court decided the EPA had to assess any air pollutant and decide whether it endangered public health and welfare and if it found that it did, it would have to set limits on that pollutant.
- The EPA had refused to do that, this is the Bush era EPA and said we don’t have the authority under the Clean Air Act to do it, and even if we did, this is essentially a problem for the president to solve, and he’s doing a great job.
- The court found that unsatisfactory and held that the EPA had an obligation to regulate if it found endangerment.
- This case 2011, reaffirmed the central core of the Massachusetts decision, which is the EPA has the authority and the responsibility to regulate green house gases.
- The 2nd Circuit in a ringing militant statement on climate, reversed the district court and squarely held that states could bring this lawsuit which is against the five biggest CO2 emitters in the country, under a common law theory of public nuisance.
- The heart of the petitioners camp were a group of attorneys generals from several states, the fundamental authority of an attorney general is to bring lawsuits in a state against public nuisances of all kinds.
- So they had this idea to elevated this authority into a federal common law claim.
- The court endorses no particular view of the complicated issues related to carbon dioxide emissions.
- For this they cite an article in the New York Times 2 years from Princeton physicist Freeman Dyson who said a lot of climate denier stuff and is kind of a gadfly, who is not a climate scientist.
- In New York City for example, we burn a great deal of natural gas to heat our houses. #6 heating oil both heavy emitter of CO2
- We’re creating a layer that is preventing reflection of solar rays back out into space.
- Much more of it is being trapped into the atmosphere than pre-industrial times.
- There’s uncertainty about how fast and what kind of changes, but there are some things that are confidently predicted. We’re already seeing tremendously fast melting of ice in Greenland and the polar cap.
- There’s no question that this is a product of both rapid industrial development, of uncontrolled growth policies, without any consideration of the impacts of growth, especially when you talk about the disparity of impact.
- www.350.org
Guest – Law Professor and Attorney Eleanor Stein teaches the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, jointly with the Environmental and Atmospheric Sciences Department at SUNY.
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Michigan Citizens File Suit Challenging Unconstitutional Emergency Manager Law
Twenty-eight citizens of Michigan have filed a lawsuit in an effort to bring down the recently signed Emergency Manager Law, claiming it will give Governor Rick Snyder and his appointees vast, unlawful power over financially struggling cities and school districts. Bill Goodman, an attorney with the Sugar Law Center of Detroit, the firm that filed the lawsuit called it a power grab by Lansing politicians. Goodman also said the law violates the state constitution by giving Snyder powers over cities normally granted to the state Legislature. Those powers include replacing elected officials, nullifying collective bargaining agreements, privatizing public services and dissolving cities. Earlier this year we interviewed Zainab Akbar, Legal Fellow at the ACLU of Michigan about the same law being used the mostly black community of Benton Harbor. Democracy Emergency
Attorney John Philo:
- We think this is an important issue, not just for Michigan but nationally. We think this is so viable to our notion of fundamental constitutional rights that we could not let this pass without a legal challenge.
- The first constitutional law violation that we see is that it attacks what is known as the democratic form of government. We all believe we have a right to a democratic form of government, that we can elect our officials at the local, state and federal level. This lawsuit is testing, where is that in the Constitution, where is it recognized?
- We think that people would find it in absurdity that they don’t have that right to vote for their local officials.
- We have a provision in our constitution that says that can’t pass unfunded mandates. They can’t put costs on a local government without providing some revenue stream or providing some mandatory adjustment.
- This legislation puts all the costs on the local government that already find to be in distress.
- In Benton Harbor alone, the salary of the “emergency manager” is running 11 thousand a month.
- That’s before we even get to the consultants and the financial review people that they bring in, the staff.
- There are a number of states looking to pass the emergency managers law.
- This is a nationwide problem that everyone recognizes to regulate banks, and Wall St., and national economic policies that have hit the Midwest hardest and we would say below the belt.
- What will the law do to pensions? Contract rights and pension funds.
- There is a provision that says the state treasurer can request the communities to sort of enter into a consent agreement, before they’ve even been found in financial distress.
- There are citizens, conservation folks, in various places who’ve request the state appoint an emergency manager in their community. This sends the mayor and the city council reeling because they don’t feel they have to.
- They’re acting to prevent this because of the broad discretion given to treasurer and the governor, whether there is a financial situation where they could appoint a manager.
- We’re asking for an order of the court that declares the provisions of Public Act 4 unconstitutional and then an injunction that prevents any further implementation.
- I think people would be shocked if they realize people don’t have a right to elected government.
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Tova Perlmutter:
- We see this litigation as one tool in a broader people’s movement. Here in Detroit we have some phenomenal leaders. The first day we filed was the biggest day in my career.
- We with a lot of help with allies and friends held seven press conferences in cities across the state.
- We blanketed the airways and the press, that’s how we got national coverage as well.
- The Maurice & Jane Sugar Law Center for Economic & Social Justice
- We’ve been around for 20 years, based in Detroit but we do serve folks nationally, our mission is to use legal and other public advocacy to advance the rights of working people and their communities.
- One of the cities that has had the most extreme emergency managers is Pontiac.
- There’s no coincidence here, this is a very clear effort to exert a paternalistic and corporate friendly control over communities that might otherwise be speaking out and exerting autonomy.
- www.democracyemergency.org
Guest – Attorney John Philo -Sugar Law’s Legal Director, is responsible for litigation, legal research, delivery of training, and supervision of all staff and interns working on legal tasks. John is an attorney with over 18 years of experience representing and advocating for workers and other disenfranchised people.
Guest – Tova Perlmutter – Executive Director, has over 20 years experience in administration, communications, fund raising and public education for nonprofit organizations. She obtained professional certification as a Senior Human Resources Professional while working to promote fair employment practices at a major corporation.
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Civil Liberties, Criminalizing Dissent, Crony Capitalism, Death Penalty, Human Rights, Military Tribunal, Political Prisoner, Prison Industry, Targeting Muslims, Torture
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Largest Human Trafficking Case In The US? Workers Lured To U.S. After Hurricane Katrina And Subjected To Abusive Conditions Seek Class Certification
In what may be the largest human trafficking case in US history, Indian guest workers are suing Signal International for human trafficking ad racketeering. Several law firms filed the lawsuit on behalf of seven plaintiffs representing 500 formers guest workers lured into the US after Hurricane Katrina. The guest workers were subjected to racial discrimination, forced labor and other abuse.
Signal is a multi million dollar marine fabrication company with shipyards in Mississippi, Texas and Alabama. They repair and build oil rigs and ships and subcontract with the Dept of Defense and multinational companies. After Hurricane Katrina, Signal’s workforce scattered and they used the government’s guest worker program to import employees as welders and pipe fitters. Between 2004 and 2006 hundreds of Indian men were paid up to 20 thousand dollars each for travel, visa and other fees after being told it would lead to good jobs and permanent US residency.
When the men arrived at Signal they discovered they would not receive green cards, but instead were given 10-month guest worker visas. Signal forced the men to pay $1,050 a month to live in overcrowded, unsanitary and racially segregated labor camps with no visitors allowed. To talk more about this case, we’re joined by Chandra Bhatnagar is a Staff Attorney with the Human Rights Program and Sabulal Vijayan, a former guest worker involved in the lawsuit.
Chandra Bhatnagar:
- Signal used the opportunity of the storm to seek out new labor pools. Signal in partnership with an American labor broker, an American Immigration lawyer and an Indian recruiter, conspired to bring in a group of 500 men from India as H2B guest workers.
- The workers were promised green cards, permanent residency, and the opportunity for long term jobs.
- Sabulal Vijayan: I was working in the middle east, the United Arab Emirates, I saw the ad by Signal that said we would get permanent residency in America. I paid about 18 thousand dollars, I cut my wrists in fear, I tried to kill myself because I spent a bunch of dollars. I was in the hospital for 3 days. I couldn’t go back to my family in India with bare hands, because I spent all the money on this job. Not only me but 500 workers, sold all their land and houses for this job.
- The EEOC, brought a separate lawsuit against Signal, alleging racial and national origin discrimination and hostile work environment.
- Because Sabulal was one of the workers seeking his rights under the law, he was particularly targeted by Signal and rounded up in an early morning raid. The camp was built on a lead contaminated waste site.
- It’s not OSCHA compliant to have 24 guys jammed together in a temporary trailer.
- These are in the United States and in debt. The average income in India is 3000 dollars a year for a ship worker. To pay 20 thousand dollars, you have to sell your property, borrow money from loan sharks. You have to mortgage your whole life for the opportunity to come here. Signal also said if you file a lawsuit, we’ll send all of you back.
- Signal is a marine fabrication company, a multi-million dollar company. They repair and build oil rigs and ships. They have yards in Mississippi, Alabama and Texas. They provide services to the Department of Defense and major corporations.
- It was a conspiracy between the Immigration lawyer, the Indian recruiter, the labor broker and Signal.
- Signal got this vulnerable pool of workers who they could throw away whenever they wanted to.
- You don’t have freedom of contract as a guest worker, you’re the disposable property of the employer.
Guest – Chandra Bhatnagar, ACLU Staff Attorney with the Human Rights Program. He leads the domestic and international advocacy around racial profiling, affirmative action, and juvenile justice issues, and is engaged in federal court litigation and litigation in international tribunals involving the rights of low-wage immigrant workers, undocumented workers, and guest-workers.
Guest – Sabulal Vijayan, guest worker from India, who is involved in the case. Sabulal, a pipefitter, paid nearly 20 thousand dollars to work in the United States as a guest worker. He worked with others in slave labor-like conditions for Signal International.
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Professor John Ehrenberg: Class Warfare Update and Analysis
Returning guest, professor and author John Ehrenberg joins us in the discussion of where the last 3 years the Obama Administration has led the country. The United States is pouring trillions into multiple war theaters, unemployment continues to rise, CEOs of banks and corporations have been rewarded with taxpayer bonuses and bailouts, and a massive unequal distribution of wealth has polarize the country. Meanwhile, the very rights that protect organized labor and the benefits of workers are attacked and disassembled during one of the worst economic downturns to hit the United States. Corporations and the far right wing of the Republican Party are behind some of the union busting yet even President Obama turned his back on supporting union labor demonstrations. Most recent show with John Ehrenberg
Professor John Ehrenberg:
- The elephant in the room that nobody talks about is the role of the state and the role of the government.
- Winner-Take-All Politics: How Washington Made the Rich Richer–and Turned Its Back on the Middle Class
- What you had since the 1980s is a policy pushed by the Republicans and acquiesced by the Democrats of undoing the Great Society. We’ve seen this in the union busting and refusing to tax the rich. It’s been happening because the Republican party is getting more radical.
- The villan in the room is governmental and fiscal policy.
- The top 1 percent of the population received more than a third of all the wealth created in the country from 1979 to the beginning of the recession. The top 1/10 of one percent, that’s one out of every thousand households, received over 20 percent of all the after tax gains between 1979 and 2005.
- It was a conscious policy. It began in the late 70s by business. If you look at the neo-conservatives of that period, their target is the Great Society.
- Basically in the late 60s and the early 70s, the traditional stimulus programs of the Democrats failed.
- Along comes Reagan and he takes on a radical restructuring of the economy.
- Which began this process of shoveling huge amounts of wealth to the rich, hoping that it would trickle down and you’d have sustained growth.
- Consider that Obama is going to raise a billion dollars for his reelection campaign. Where is he going to get it from?
- Look, anybody at this stage of the game who continues to trust the Democratic party to lead the country out of this mess, is a fool.
- The Democratic Party by itself is incapable of democratic initiative and progressive change unless forced to respond from pressure from outside.
- When do they have enough? The answer in 1100 pages of Capital: A Critique of Political Economy is it’s never enough. That the logic of capital is to reduce everybody to starvation and take everything they have.
- This is the motor of the system, this has nothing to do with the Koch Brothers.
- Hopefully people are tired of being pushed around. American exceptionalism, meant that Americans were more tolerant of inequality, than were people from a stronger labor tradition.
- That American’s didn’t care so much if other people got rich as long as they got rich too.
- If you have a situation where Americans are misinformed about the distribution of wealth and are open to appeals to redistribute wealth in the name of fairness and equity, then this is the time for a redistributus Democratic party to step forward.
- If the Democratic Party is even a modicum of sanity in America, it’s because its going to have be pushed again. Pushed and pushed and pushed from outside.
- 55 percent of Republicans want higher taxes on the rich.
- There are local manifestations of outrage and rebellion, in Wisconsin, Indiana, Ft Lauderdale, around different aspects of the mal-distribution of wealth. – but nothing has been coordinated on the national level.
- There are as yet, no forces talking about the system as a whole, as a state.
- There are a lot of indications across the board that people have had enough.
- Go out there and join something and get involved.
- UNICEF publication. The Children Left Behind. Indices: Health, Education, Material Well Being. The United States is last of the 24 countries.
- If you look at the fall of any of the world’s empires, it was a combination of the over reach and the refusal of the rich to pay their share of taxes.
Guest – John Ehrenberg, author of Servants of Wealth, The Rights Assault on Economic Justice, he’s also professor of political science at Long Island University.
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Civil Liberties, Criminalizing Dissent, Crony Capitalism, Green Scare, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power
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Court Vindicates Prisoners in Right to Challenge Federal Experimental Isolation Units Restricting Communication
Last month, the Center for Constitutional Rights won the right for prisoners to challenge a violation of their constitutional rights. Prisoners in 2 experimental federal prison units called “Communications Management Units” or CMUs, will have their claims heard in court. About 70 percent of CMU prisoners are Muslim men. Judge Urbina agreed that the prisoners raised serious constitutional questions about CMUs. The Center for Constitutional Rights filed Aref v. Holder in the D.C. District Court on behalf of current and former prisoners of the units in Terre Haute, IN and Marion, IL; two other plaintiffs are the spouses of those prisoners.
As many listeners may know, these CMUs were secretly opened under the Bush administration in 2006 and 2007. They were designed to monitor and control the communications of certain prisoners and to isolate them from other prisoners and the outside world. The five plaintiffs in Aref were designated to the two CMUs despite having relatively or totally clean disciplinary histories, and none of the plaintiffs have received any communications-related disciplinary infractions in the last decade.
In addition to heavily restricted telephone and visitation access, CMU prisoners are categorically denied any physical contact with family members and are forbidden from hugging, touching or embracing their children or spouses during visits.
Attorney Alexis Agathocleous:
- We’re very troubled about policies and conditions at these units. A number of the restrictions imposed at the CMUs are severe. They are truly cutting people off from their loved ones, they’re community and the outside world
- Blanket ban on physical contact, unparalleled to any other single unit anywhere, including Supermax.
- We feel this needlessly impinges on their right to family integrity and their need to maintain these ties to the outside world.
- What we’re challenging is that there is no due process attached to designation to these (CMU) units.
- Without a disclosure of factual allegations that were used to designate them, without a demonstration of past abuse of communication devices, without a hearing, without an appeal. Once you’re there, no one is told how to earn their transfer to get out. Our clients have benign or in some cases perfectly clean histories.
- What is happening is that Muslim prisoners are being designated there, based on the discriminatory belief that as Muslims they inherently pose a great danger to institutional security, than do other prisoners.
- We’re very concerned also about a pattern of designation of political prisoners and specifically includes environmental and animal rights activists.
- We do believe these are acts of retaliation for protected First Amendment activity, such as speaking out on social justice issues.
- What we’ve asked for in the case is a thorough review of polices and practices in the CMUs.
- What’s next is we’re going into discovery, which is our opportunity to learn a lot more about the CMUs, about their inception, who was involved in designing them and why and about how designations are made.
- CMUs were opened quietly.
Guest – Alexis Agathocleous, staff Attorney at the Center for Constitutional Rights and works on CCR’s Government Misconduct and Racial Justice docket. He is lead counsel in Aref v. Holder, challenging policies and conditions at the federal Bureau of Prisons’ Communications Management Units, and Doe v. Jindal, challenging a Louisiana law that requires individuals convicted of Crime Against Nature to register as sex offenders.
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Financial Regulators Failed: Crooks Go Unpunished
Last week, the Securities and Exchange Commission Friday charged Goldman Sachs & Co. and one of its executives with fraud in a risky offshore deal backed by subprime mortgages that cost investors more than $1 billion. The SEC also contends that Goldman allowed a client, Wall Street hedge fund Paulson & Co., to help select the securities to be sold. Paulson in turn bought insurance against the deal and when the securities sank, losing nearly all value, Paulson then made a $1 billion profit.
While these are not criminal charges, the recently released 650-page report of the Senate Permanent Subcommittee on Investigations, Wall Street and the Financial Crisis (PDF) had exposed the deceptive and risky practices within major financial institutions, that deceived clients and the public. New Economics Perspective Blog
Professor William K. Black:
- Many people still call it the subprime crisis, it would be far better to call it, the liar’s loan crisis.
- Roughly half of all subprime loans by 2006.
- Somewhere between a quarter and 49 percent of new home loans, were in the form of liar’s loans.
- The incidence of fraud when there have been independent studies has ranged from 90 to 100 percent.
- A liar’s loan is when there is no underwriting, no verification of what’s put into the loan application.
- Overwhelmingly, it was the lenders who put the lie is liar’s loans.
- You can sell these loans in the secondary market if they appeared to have 2 characteristics that finance has told us you can’t have simultaneously.
- A premium interest rate and low risk. You could have the best of both worlds. The way to do that was to gimmick two ratios. Debt to income ratio and loan to value ratio.
- Inflating the value of homes, covered up by industry. An honest secure lender would never inflate value.
- It makes perfect sense for a fraudulent company to inflate the value of the house so they can sell the loan on the secondary market for a higher profit.
- Then Attorney General Cuomo, now governor found this as a common practice at Washington Mutual, the biggest bank failure. WAMU had a blacklist of appraisers, you were blacklisted if you refused to inflate value of property. None of these people are being prosecuted.
- In 2004, the FBI testified there was an epidemic of mortgage fraud and predicted that it would cause a financial crisis.
- The Savings and Loans debacle cost 150 billion, the current crisis is costing over 10 trillion.
- The Office of Thrift Supervision, Chainsaw James Gilleran
- Instead of being embarrassed that they were working hand in glove with the lobbyists, they were proud of this and put this in their annual report.
- Geithner and Cuomo urged there not be investigations much less prosecutions of the elite financial frauds because he thought the financial system was too fragile.
- The Justice Department ruined an FBI initiative to try and investigate the elite frauds.
- If you are powerful enough, if you have enough ties, after citizens united, and make enough political contributions, you will not be prosecuted.
- You can’t have crony-capitalism and democracy either.
- Big finance is only supposed to be a middle man, it’s supposed to help the real economy, by simply allocating most efficiently capital to the most productive uses.
- Like any middle man you want absolutely minimal profits going to the middle man.
- Under some measures, finance has 40 percent of the total profits of all American businesses.
- This is the worst group of people you can possibly imagine having power.
- We’ve turned too many of our schools into fraud factories, where we train people how to gimmick accounting.
- Citizen’s United is a fragile case, it doesn’t make much sense in terms of the law.
- What these people are, engines for destroying wealth
- They only get 10 billion, they destroy 10 trillion dollars in wealth. They cost 10 million Americans their jobs.
Guest – William K. Black, a professor of law at University of Missouri, Kansas City who has criticized the absence of any criminal referrals or national task force to effectively punish the elite fraudsters. Professor Black teaches White-Collar Crime, Public Finance, Antitrust, Law & Economics.
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