J.Patrick O’Connor delivers a powerful interview for the full program. O’Connor lays out the case based on his in-depth research that Mumia Abu Jamal was framed. O’Connor argues that the former black panther journalist did not shoot Philadelphia police officer Daniel Faulkner. The real shooter says O’Connor, was Kenneth Freeman a business partner of Mumia’s brother. Freeman, was found dead in 1985, bound and cuffed in a Philadelphia parking lot after a massive police raid on the counter-culture group MOVE.
One review writes: “In this account of the trial of controversial death row inmate Mumia Abu-Jamal, O’Connor, editor and publisher of crimemagazine.com, clearly lays out his case that Abu-Jamal should receive at least a new trial, if not complete exoneration. O’Connor asserts that Abu-Jamal was framed for the 1981 murder of police officer Daniel Faulkner because of a vendetta by Philadelphia mayor Frank Rizzo and the police due to Abu-Jamal’s defense, as a journalist, of the group MOVE.
Review excerpt by Linn Washington Jr : Carefully citing trial proceedings, O’Connor book lists odious instances of wrongdoing by police prosecutors – accomplished with judicial complicity.
“From the beginning of this case, it was corrupt. It was a railroad job,” O’Connor said recently during a reading/book signing at a small venue on Baltimore Ave in West Philadelphia sponsored by the organization, Journalists for Abu-Jamal. “I wrote the book to show not only that Mumia did not kill Officer Faulkner but to show how and why they framed Mumia,” said O’Connor who lived in the Philadelphia area at the time of the brutal December 1981 crime at the heart of this controversial case.
Guest – J. Patrick O’Connor, editor and publisher of Crime Magazine. He has worked as a reporter for UPI, editor of Cincinnati Magazine, associate editor of TV Guide, and editor and publisher of the Kansas City New Times.
Today we hear excerpts from the event An Innocent Man In Guantanamo: Five Years of My Life. That’s the title of the memoirs recently released by Murat Kurnaz who was detained at Guantanamo for five years. Kurnaz is a Turkish citizen and legal resident of Germany, he traveled to Pakistan to learn more about his Muslim faith and was later arrested at a checkpoint, handed to the United States and eventually taken to Guantanamo Bay, Cuba. We hear part 1 of a 3 part series from this discussion.
The event presented by Friends of the Library, brought together a panel of lawyers from the U.S. and Germany who fought for Murat’s release and a Guantanamo chaplain who was accused of espionage and imprisoned. The panel was moderated by our own Michael Ratner. Speakers include:
Baher Azmy – Professor at Seton Hall Law School, where he directs a civil rights clinic and teaches constitutional law. His litigation work on national security and human rights cases emerging from the “war on terror” include lawfulness of extraordinary rendition, torture and indefinite executive detention. In July 2004, Azmy began representation of Murat Kurnaz imprisoned in Guantanamo Bay until his release in August 2006.
Bernhard Docke – a lawyer since 1983, specializes in criminal law, since 1989 partner of the law firm “Dr. Heinrich Hannover und Partner” in Bremen, Germany. He has been a lawyer for Mr. Kurnaz since 2002.
Wallace Shawn – an Obie-winning playwright and a stage and screen actor. His plays include The Designated Mourner, Marie and Bruce, The Fever, and Aunt Dan and Lemon. He co-wrote and starred in the art-house classic My Dinner with Andre and he also performed in numerous Woody Allen films including Manhattan and Radio Days. Our Late Night and a Thought in Three Parts: Two Plays will be published in Spring 2008.
James Yee – the former US Army Muslim Chaplain of Guantanamo Bay. His book, For God And Country, Faith and Patriotism Under Fire, tells the story about being wrongly accused of espionage and imprisoned by the U.S. military. In 2004, the government dropped all charges against him and he received an honorable discharge from the U.S. Army.
Phillipe Sands – an international lawyer and a professor of law at University College London. He is the author of Lawless World and is frequently a commentator on news and current affairs programs including CNN, MSNBC and BBC World Service. Sands has been involved in many international cases, including the World Court trial of Slobodan Milosevic and the treatment of British detainees at Guantanamo Bay. His article in Vanity Fair “The Green Light,” looks at how high level members of the Bush administration pressured underlings to use torture tactics at Guantanamo. He is also the author of Torture Team: Rumsfeld’s Memo and the Betrayal of American Values.
Today on Law and Disorder we update listeners on the death row case of Troy Anthony Davis. Since our last July report on the case, Davis had a 90 day stay of execution and now on March 17, this year, the Georgia Supreme Court decided 4-3 to deny a new trial for Troy Anthony Davis, despite significant concerns regarding his innocence. Troy Davis was initially sentenced to death in Georgia, for the murder of a police officer. The case against him was built almost entirely of witness testimonies that were full of inconsistencies, even at the time of trial.
Again, there is no physical evidence linking Troy Davis to the crime and no murder weapon has ever been found. Troy Davis was convicted of murder solely on the basis of witness testimony, and seven of the nine non-police witnesses have since recanted or changed their testimony, several citing police coercion. Others have signed affidavits implicating one of the remaining two witnesses as the actual killer.
Guest : Martina Corriea, Troy’s sister, who has been very active in fighting for justice in her brother’s case.
“However narrow and restricitive American bourgeois democracy was before 9/11, it’s jridical and institutional underpinnings have been transformed by the Bush Administration (with the complicity of the Democratic Party) intor what can now most accurately be described as a police state.â€
We hear from C. Clark Kissenger, long time activist, creator of the Not In Our Name project.
Deepening Economic Crisis: What Laws Are In Place To Protect Against Economic Fleecing of the United States?
Two million families are on the brink of foreclosure, tent cities pop up along US city outskirts, and as UK press declare “depression” in the United States, we talk with Max Fraad Wolff , instructor at the Graduate Program in International Affairs, New School University. The media has reported that millions of US families took out loans to big for their incomes and were foreclosed, but hosts look at The Glass Steagall Act, mortgage sharking and banking predators.
Max is a freelance researcher, strategist, and writer in the areas of international finance and macroeconomics. His work can be seen at the Huffington Post, TheAsia Times, Prudent Bear, and many other outlets.
On this last day of 2007, Law and Disorder will look at the stories that have taken civil liberties in this country many steps in the wrong direction. We start with the question of impeachment, what happened, why it stalled, we’ll look at damaging supreme court decisions and draconian legislation that took large bite out of the right to free speech and dissent in this country.
Co-host Michael Ratner enumerates several key stories of torture in 2007, including the destruction of the CIA videotapes, the Mahar Arar case, and the confirmation of Attorney General Michael Mukasey who says he’s not certain if water-boarding is torture.
Law and Disorder hosts then talk about the recent Supreme Court arguments regarding the remaining Guantanamo Bay Cuba detainees and the horrible failure to restore habeas corpus. This case may determine once and for all whether there is a constitutional right to habeas corpus – that is, a fair hearing before a real court – for everyone detained by the U.S. government at Guantánamo.
Increases in surveillance powers were also on the list of wrong-turn stories this year, co-host Heidi Boghosian points out the legislation that extends the Foreign Intelligence Surveillance Act. In the wake of Congress approving a dramatic expansion of U.S. warrant-less wiretapping powers, the Center for Constitutional Rights has argued that the NSA’s program is unconstitutional and should be struck down. The argument in CCR v. Bush comes after Congress and the Bush administration passed the Protect America Act of 2007 which broadly expands the government’s power to spy on Americans without getting court approval.
The 5-4 ruling that race cannot be a factor in the assignment of children to public schools. Free speech not an option for students regarding (Bong Hits For Jesus).
Campaign Finance Reform – The Supreme Court has thrown out part of the McCain-Feingold campaign finance law that placed restrictions on corporations and unions from buying television ads close to elections
The citizens’ ability to challenge government violations of the separation of church and state, Hein v. Freedom from Religion Foundation 5-4, the Justices ruled that taxpayers do not have standing to challenge the White House program on federal aid to faith-based organizations.
“One of the country’s foremost defenders of human rights and civil liberties, Michael Ratner has led the fight to demand due process for Guantánamo detainees, adequate safeguards against intrusive government surveillance, and an end to torture and extraordinary rendition.”
In a recent essay A System of Wholesale Denial of Rights published in the Monthly Review, Research Professor of Law, Michael Tigar describes how the term enemy combatant was created through the rulings in the anti-terrorist case Padilla v. Rumsfeld and the implications for civil liberties and human rights in the United States. Implications that support a system whereby the president can lock up anyone he chooses and never have to explain why to a court.
The Bush Administration has taken the language from those in favor of slavery and oppression of Native Americans. Instead of prisoner, instead defendant, instead of person they create a category of enemy combatant. (Non-People – Invoking the characterization of someone not entitled to claim justice.) Tigar says this is a tactic of repressive governments. Tigar says, the term enemy combatant doesn’t exist in the Constitution or within International Law, therefore enemy combatants have no rights, are denied access to courts and fall under military regime.
Michael Tigar in his article points out the historic parallels such as the Dred Scott case, Japanese internment and the Cherokee Nation.Frederick Douglas and several anti-slavery people thought that it would be possible to make an argument that slavery so violated the norms of the constitution that it had to be illegal everywhere. The Cherokee Nation, says Tigar was classified as “subject people.” Subject People is not found in Article 3 in the Constitution. Therefore, “subject people” are not entitled to sue in federal courts.
Michael Tigar is a Research Professor of Law at Washington College of Law at American University in Washington, D.C., where he teaches Federal Courts, International Human Rights, and Criminal Law. Tigar argued seven cases in front of the US Supreme court, he’s represented many controversial clients since then such as Angela Davis, Terry Nichols, Lynne Stewart and members of the Chicago Seven. He is the author of the recent book, Thinking About Terrorism: The Threat To Civil Liberties in a Time Of National Emergency.
We mark the 40th anniversary of Che Guevara’s murder. He was captured in Bolivia during a military operation supported by the CIA and the U.S. Army Special Forces. Guevara was summarily executed by the Bolivian Army in the town of La Higuera near Vallegrande on October 9, 1967.
Guest – author and professor John Tito Gerassi, about Che Guevara’s influence. Gerassi describes how he was poisoned by the CIA while dining with Fidel Castro and about his guerilla training with Che.
Gerassi currently teaches at Queens College of the City University of New York. Gerassi, born in France in 1931, is the author many books including the Great Fear in Latin America and The Premature Antifascists, the only authorized biography of Jean Paul Sarte.
The Georgia State Board of Pardons and Paroles granted a 90-day stay of execution to Troy Davis. On July 16, less than 24 hours before Troy Davis was scheduled to be executed in Georgia, the state Board of Pardons and Paroles issued a stay of execution, to be not longer than 90 days, “for the purpose of evaluating and analyzing” the information submitted to it during the clemency hearing earlier in the day. Act today to ensure that the the Georgia State Board of Pardons and Paroles grants Troy clemency!
Troy Davis was sentenced to death in Georgia, for the murder of a police officer. The case against him consisted entirely of witness testimonies that were full of inconsistencies, even at the time of trial. Since then, all but two of the states’ nine non-police witnesses from the trial have recanted their testimony. Many state in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis. Listen to Law and Disorder interview with Troy’s sister Martina Correia.
Co-Host Heidi Boghosian and National Lawyers Guild members publish a powerful report chronicling government tactics employed on city, state and federal levels aimed at suppressing public dissent. The report outlines the hierarchy of government attacks on free speech, from sophisticated data collecting agencies to arresting demonstrators without probable cause. Order yours here $3
National Lawyers Guild President, legal scholar and co-author of Cameras in the Courtroom: Television and the Pursuit of Justice, Marjorie Cohn has written a new book titled, Cowboy Republic, Six Ways the Bush Gang Has Defied the Law. She provides an in-depth analysis of six significant ways in which the Bush administration has undermined the rule of law in this country. Professor Cohn details the illegal invasion and occupation of Iraq; the policy of torture; war crimes; the kangaroo courts of Guantanamo; unconstitutional laws; and the unlawful surveillance of American citizens. Her book contains practical ways to strengthen the rule of law domestically and internationally, including both political and legal remedies.
