Law and Disorder April 8, 2013

Updates:

  • Please Sign the Lynne Stewart Compassionate Release Petition
  • Please Also Write to: Charles E Samuels Jr. / Federal Bureau of Prisons /
  • 320 1st Street Northwest / Washington DC 20534
  • Anniversary of Collateral Damage Video Release
  • University Stadium Victory – GeoCorp Prisons

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Guantanamo Hunger Strike Update

Attorney Omar Farah speaks with Michael Ratner about a hunger strike at Guantanamo Bay Prison with more than half of prisoners from Camp 5 and 6f participating. Farah says the hunger strike was triggered by an arbitrary crackdown by the prison administration including cell searches and a search of the prisoner’s Qurans. This is viewed as out right desecration. More than half of the entire prison population has been cleared for release by every prominent national security and law enforcement agency in the US government, that includes the DOD, DHS.

Guest – Omar Farah joined the Center for Constitutional Rights in 2012 as a staff attorney in the Guantanamo Global Justice Initiative. Omar was previously in private practice, working mostly in the area of international commercial arbitration. Since 2008, he has represented several prisoners detained at Guantanamo Bay in habeas corpus litigation in federal court.
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Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East

While adviser to the Madrid and Washington Palestinian-Israeli negotiations, author and historian Rashid Khalidi collected documents, memos and meeting minutes as a research foundation for his recently published book Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East. The book focuses on 3 periods of opportunity for the United States to broker peace, one in the late seventies, the early nineties and 2010. This critical analysis addresses the basic distortions in language that has corrupted the peace processes. Rashid Khalidi is an American historian of the Middle East, the Edward Said Professor of Modern Arab Studies at Columbia University, and director of the Middle East Institute of Columbia’s School of International and Public Affairs, he joins us today to talk about his book and also the ongoing destabilizing hostility in Syria.

Professor Rashid Khalidi:

  • Let me read to you what Orwell says, “the slovenliness of our language makes it easier for us to have foolish thoughts. If thought corrupts language, language can also corrupt thought. Bad usage can spread by tradition and imitation even by people who should and do know better.”
  • The argument I’m making in this book is much of the language used by pundits and politicians about the Middle East and the so called peace process, between the Palestinians and the Israelis is really corrupt language.
  • One of the chapters in the book is devoted to the period when I was an adviser to the Palestinian delegation and negotiations from 1991-1993 starting in Madrid and continuing to Washington.
  • If you go back to Madrid in October 1991, there were under 200 thousand Israelis living in the occupied West Bank and occupied East Jerusalem. Today, there are nearly 600 thousand of them.
  • United States has been responsible for exacerbating the problem in effect by saying the only way to deal with this issue of occupation and settlement is through negotiations mediated by us.
  • The United States in the meantime has put its big thumb on the scale in favor of the Israelis preventing a resolution of the problems.
  • The first episode I talk about in the book has to do with the follow on to Camp David in the wake of the Lebanon War in 1982 when Israel invaded and 50 thousand Palestinians and Lebanese were killed and wounded.
  • I site at great length a now declassified document by a CIA analyst which one of my students actually found.
  • The idea of Palestinian self determination doesn’t exist anywhere in the Oslo Accords signed by the PLO and Israel in 1993 and afterward.
  • Autonomy and self determination are used by people in American political parlance and Israeli political parlance in ways that do violence to the real meanings of these words.
  • Obama fits the pattern of every president since President Carter, with the sole exception of George W. Bush.
  • Obama has adopted wholesale and entire Israeli narrative as to the idea that Israel is the victim.
  • There is a people in existential danger that’s the Palestinians, the people faced with elimination, extermination, not physically but as a collective.
  • Oslo was a terrible deal for the Palestinians. As a result of Palestinian failures since the 90s, a situation has emerged where we have one state and one sovereign body between the Mediterranean and the Jordan River.

Guest – Professor Rashid Khalidi, is the Edward Said Professor of Arab Studies at Columbia University. He received his B.A. from Yale University in 1970, and his D.Phil. from Oxford in 1974.  He is editor of the Journal of Palestine Studies, and was President of the Middle East Studies Association, and an advisor to the Palestinian delegation to the Madrid and Washington Arab-Israeli peace negotiations from October 1991 until June 1993.
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 Judge Oks Civilians Right to Sue Military For Spying On Peace Activists

In a recent ruling, the Ninth Circuit Court of Appeals ruled that a lawyer’s challenge to military spying on peace activists can proceed. This ruling is the first time a court allowed civilians to sue the military for violating their First and Fourth Amendment rights. National Lawyers Guild attorney Larry Hildes brought the lawsuit Panagacos v Towery in 2009 on behalf of a group of Washington state antiwar activists who discovered they were infiltrated for 2 years by John Towery, an employee at a fusion center inside a local Army base. The antiwar activists group Port Militarization Resistance sought to oppose the wars in Iraq and Afghanistan through civil disobedience. The lawsuit also names, the Army, Navy, Air Force, FBI, CIA, Department of Homeland Security and other law enforcement agencies.

Attorney Larry Hildes:

  • Brendan Dunn was activist in Olympia, he was arrested in Seattle basically for sitting while anarchist.
  • The Olympia Police Department cracked down on the Wobblies and the IWW for having newspaper boxes for which they paid for and took all the papers.
  • We got them back, but Brendan got curious about what was going on, did a state public records act request for all emails and all intelligence to the city of Olympia concerning anarchists or the IWW.
  • What he got back instead was hundreds and hundreds of pages of what are called “force protection memos” and “threat assessments” from Ft. Lewis about Port Militarization Resistance, a group that he was involved with that did protest against the use of public ports for shipment of Striker Brigade equipment to the occupation in Iraq and Afghanistan.
  • He started looking at them and every police department and every military agency from north of Seattle to Portland was on this list. The FBI was on this list, Homeland Security, every branch of the military.
  • It was detailed discussions of what PMR was planning, what they were going to do, how to fight it. The author of a lot of this was John Towery.
  • PMR looked Towery up on Facebook and there’s a picture on Towery’s FB page of John Jacob who had been coming to PMR meetings for several years. Very closely involved with PMR in fact he ran their list serve on Rise Up.
  • So they did some more checking. They looked up his voter registration, they got an address and the address matched John Jacobs.
  • He was 20 years older than everyone else. I don’t know how but he blended in. He went to events, he brought his kids. He was very very good at what he did.
  • Brendan considered him a close friend. Brendan and another member confronted him at a cafe in Tacoma and he said “yes, I’ve been spying on you. I’m doing it for your own good, there are other spies watching you that mean you much more harm than I do.”
  • We do know that the Army at least one more spy. We caught the Coast Guard spy. There were 2 officers from the Tacoma Police Department’s Homeland Security Committee.
  • The police would show up at unannounced demonstrations. The MP’s, local police and state patrols would already be there and everyone would be arrested as they were getting out of their cars.
  • The Portland Militarization Resistance was a few dozen people. They were very creative, they had figured out a choke point for the military.
  • The equipment would go out 3 weeks before the troops. If they couldn’t get the equipment there. They couldn’t send the troops.
  • If they couldn’t send the equipment and the troops then no war.
  • The succeeded in scaring the heck out of the military by these very peaceful acts of civil disobediance.
  • They can’t arrest them before they get to the demonstration or before they even do anything.
  • They think dissent against their wars is the enemy which scares me a great deal.
  • Where else are they doing this, how much are they doing this?

Guest – Attorney Larry Hildes, an NLG member and one of the attorneys involved in bringing the case Panagacos v Towery.

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Law and Disorder March 18, 2013

Updates:

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The Search for Colonel James Steele: US Special Forces Veterans Links General Petraeus With Torture In Iraq

A 15-month investigation and documentary film by the Guardian and BBC Arabic James Steele: America’s Mystery Man In Iraq has revealed how  US colonel James Steele, a veteran of American proxy wars in El Salvador and Nicaragua, played a key role in training and overseeing US-funded special police commandos who ran a network of torture centers in Iraq. Steele and another special forces veteran retired Colonel James Coffman reported directly to General David Petraeus. Petraeus as listeners may know was tasked with organizing Iraqi security services.

Patrick Farrelly:

  • The projections that they made about being welcome in Iraq were just not true.
  • It looked like the insurgency at that point in 2004 was just getting off the ground.
  • This is where they turned to General Petraeus, I know he’s seen in the think tanks in Washington as the scholar warrior.
  • Rumsfeld called upon him to go back into Iraq and to organize a pretty massive police force in Iraq.
  • He hooked up with 2 people there, Colonel James Coffman and Colonel James Steele.
  • Mill Group is essentially a bunch of military advisers who are training the Salvadorian security forces to fight the guerrillas.
  • Colonel James Steele was the guy in charge of the American advisers who were training these people and also directing these forces.
  • Counter-insurgency force went from 400 to 17 thousand.
  • What the United States needs really badly is intelligence, they need to know who the insurgence are and where they can get them.
  • That’s Steele’s expertise, having these guys on the ground, they draw in thousands of people and basically torture them for information.
  • It’s Steele’s job to collate that information so that they can then hand it over to the US military. The US can then go after the insurgence informed for the first time.
  • Part of the Wikileaks discovery, in terms of the war-logs which was released by Bradley Manning to wikileaks, shows this entire pattern of US soldiers coming across these detention centers,
  • – they’re giving consistent reports of seeing torture of seeing abuse.
  • Frontline: The Gangs Of Iraq.
  • It’s a production line. These young men come in, these people were hung up on ceilings, nails pulled out with pliers, it was water boarding.
  • They turned the city library (in Iraq) into a torture center.
  • It became this interrogation and torture mill, that no doubt produced a lot of information.
  • For empire, people like James Steele are very very important.
  • Empires tend to roam into other people’s countries, and you know.
  • Where did the sectarian civil war come from? Who played a part in bringing this about?
  • James Steele, lives in Texas, at one point he was Vice President of Enron.
  • The public is not really aware of what’s being done in the name of US taxpayers in foreign lands.
  • I think its clear that the Sunni community is completely disenfranchised. I think its still in a state of terror.

Guest – Patrick Farelly, a TV, radio and print journalist who has worked in the US and Ireland. Farrelly was producer of Michael Moore’s Emmy award-winning NBC/BBC2 series TV Nation and later Bravo/Channel 4 co-production Awful Truth. He was the founding editor of the New York based weekly newspaper Irish Voice and has also been features editor of the New York Post. He has also worked for HBO, Discovery, PBS and Irish broadcasters RTE and TG4.

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Law and Disorder January 14, 2013

Updates:

  • Guantanamo Bay Prison 11th Anniversary
  • Abu Ghraib Settlement: Defense Contractor Engility Holdings Pays $5M To Iraqi Torture Detainees
  • Stop and Frisk Lawyers Praise Decision Finding NYPD Stops Unconstitutional
  • Bradley Manning Case: Judge Gives 112 Days of Sentence If Convicted
  • Law and Disorder Tip of the Hat: New Yorkers Respond to Hateful Subway Ads & Declare Them War Propaganda
  • In Memory of Adnan Latif, A Cleared Guantanamo Detainee Who Was Found Dead In His Cell

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Obama to Nominate John Brennan, ‘Kill List’ Architect, as New CIA Chief

As many listeners know, President Barack Obama has nominated John Brennan as director of the CIA. Brennan is currently Deputy National Security Advisor for Homeland Security and Counterterrorism. In this capacity Brennan meets with the president daily and is governed the administration’s program of extrajudicial assassinations known as the “kill list.”

In 2011 and 2012, Brennan used his position to “re-organize” the process by which people outside of war zones were put on the list of drone targets.  Basically, this “reorganization” gave the White House the power to secretly determine who would die in the US assassination program overseas.

We welcome back retired CIA officer, Ray McGovern, now a political activist. McGovern was a federal employee under seven U.S. presidents in the past 27 years.  Ray McGovern’s article on Consortium News: The Grilling That Brennan Deserves.

Ray McGovern:

  • After 9-11, the acceptance of things like torture has become even more widespread.
  • I spent a little time in Germany and I know about Gestapo tactics, and it seem to me that enhanced interrogation techniques sounded very familiar, and indeed its right out of the Gestapo lexicon.
  • The immediate post World War II experience was very vivid.
  • Obama is very fastidious in looking over this “kill list.” He’s got his own priest.
  • It did me great good to know there were a handful at least of Fordham students that stood with their back to Brennan and protested vigorously against not being the commencement speaker but awarded the Doctorate of Humane Letters.
  • He openly advocated kidnapping, the euphemism there is extraordinary rendition.
  • There are black prisons all over Europe and Asia where these people were kept and tortured.
  • He was an open advocate of at least the kidnapping and he was there. He was at the right hand of George Tenet so to speak.
  • I have good information that Brennan was among those in the White House basement supervising the demonstration of “enhanced interrogation techniques” that Condeleeza Rice arranged for all the personages there.
  • It’s all a master weaving, webbing of deceit and John Brennan is at the bottom of it.
  • He was a classis example of a failed analyst. Why did he get where he is?
  • He made an important friend George Tenet.
  • Is Brennan suggesting that Muslims are hard wired to want to knock down planes over Detroit.
  • I have very good information in that report that Brennan is the prime mover in all these abuses.
  • It’s not about success, it’s about principle here.
  • I like Dr. King’s motto, there is such a thing is too late. Sometimes you really have to put your body into it.
  • Unless we act, nothing will be achieved.
  • There are 2 CIAs. The one that Truman set up to give him honest answers to what’s going on in the world.
  • To speak without fear or favor, to tell ’em the truth. That’s the one I worked in. That’s the one I could with career protection knock noses out of joint in the Pentagon and the State Department. I could do that.

Guest – Raymond L. McGovern retired CIA officer turned political activist. McGovern was a Federal employee under seven U.S. presidents in the past 27 years.  Ray’s opinion pieces have appeared in many leading newspapers here and abroad.  His website writings are posted first on consortiumnews.com, and are usually carried on other websites as well.  He has debated at the Oxford Forum and appeared on Charlie Rose, The Newshour, CNN, and numerous other TV & radio programs and documentaries. Ray has lectured to a wide variety of audiences here and abroad.   Ray studied theology and philosophy (as well as his major, Russian) at Fordham University, from which he holds two degrees.  He also holds a Certificate in Theological Studies from Georgetown University.

A Catholic, Mr. McGovern has been worshipping for over a decade with the ecumenical Church of the Saviour and teaching at its Servant Leadership School.  He was co-director of the school from 1998 to 2004.  Ray came from his native New York to Washington in the early Sixties as an Army infantry/intelligence officer and then served as a CIA analyst from the administration of  John F. Kennedy to that of George H. W. Bush. Ray’s duties included chairing National Intelligence Estimates and preparing the President’s Daily Brief, which he briefed one-on-one to President Ronald Reagan’s most senior national security advisers from 1981 to 1985.

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Law and Disorder December 24, 2012

Updates:

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Political Prisoner Lynne Stewart – December 2012 Update

Criminal defense attorney, political prisoner and good friend, Lynne Stewart continues to inspire  people around her while serving a 10 year sentence at the Federal Medical Center in Fort Worth Texas.  As many listeners know, Lynne was convicted on charges related to materially aiding terrorism, related to her representation of Omar Abdel Rahman.  Her original 2 year sentence was increased to 10  years after the government pressured the trial judge to reconsider his sentencing decision.

Co-host Michael Smith reads a few paragraphs from a recent letter by Lynne.  Lynne Stewart turned 73 this past October, she’s a breast cancer survivor and has recently come out of surgery.  She says she’s feeling better and ready to take on the next step in her case.

“I am now beginning my fourth (4th) year of imprisonment.  It does not get better and I have to gut check myself regularly to be certain that I am resisting the pervasive institutionalization that takes place.  A certain degree of reclusiveness  with the help of good books, interesting people to correspond with, writing on topics of public interest, seems to work for me.  Of course I still am working with any woman who needs help but I know that my sometimes truth-telling self is not what folks here want to hear.  I do try to give folks whatever comfort I can.  An old timer here, 18 years in, has begun an initiative to mobilize for prison reform by getting people on the outside to sign off on her well written petition to the White House.  She is straight out of the courage and style of the old southern civil rights struggle but has now dedicated herself to this.  The demands are modest. I have placed her petition on this, my website.  Please sign on.”

Guest – Ralph Poynter, activist and Lynne’s partner. Please write to Lynne Stewart: #53504-054 / Federal Medical Center, Carswell / PO Box 27137 / Ft. Worth, TX 76127

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Michael Ratner Speech On Bradley Manning in Washington DC.

We hear a speech by our own Michael Ratner delivered at the Bradley Manning support event.  Michael Ratner, President Emeritus of the Center for Constitutional Rights, who represents WikiLeaks and Julian Assange.  Attorney David Coombs also speaks about the case of his client, Bradley Manning. He is preceded by Emma Cape of the Bradley Manning Support Network.  The event was held at All Souls Church Unitarian in Washington DC, December 2012.

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Law and Disorder October 22, 2012

Updates:

Russell Tribunal on Palestine Findings

We follow up on the findings of the Russell Tribunal on Palestine. As many listeners may know, the tribunal was created in response to the international community’s inaction regarding Israel’s recognized violations of international law.  Jury and speakers included Angela Davis, Noam Chomsky, Ilan Pappe, Peter Hansen, Diana Buttu, Phyllis Bennis, Katie Gallagher and Russell Means.

Attorney Noura Erakat:

  • Each of the sessions focuses on a different component of the problems that has led to a failure to achieve a solution to what some may describe as the Palestinian-Israeli conflict.
  • More specifically to achieve Palestinian self-determination and equality with their Jewish-Israeli counterparts.
  • The first tribunal explored the EU complicity. A condition for Israel’s acceptance into the United Nations was its acceptance of returning refugees to their homes per UN Resolution 194.
  • Since the 1967 war they’ve been supported by unequivocal US financial, military and diplomatic support.
  • Corporate complicity:  The corporations that are involved in funding the Israeli military arsenal and its construction arsenal to expand its colonial settlements in the Occupied Territory as well as building a wall deemed illegal by the National Court of Justice.
  • This fourth and final session brought everything back to the U.S.
  • To New York specifically because the U.S. has proven to be the primary obstacle in resolving this conflict.
  • Consider first that Israel has received 115 billion dollars in aid since World War 2. Making it the highest recipient of US foreign aid.
  • In addition to that Israel receives approximately 3 billion dollars a year. It receives money without any review in US law, specifically the Arms Export Control Act which conditions that all US aid to foreign countries must be used to further human rights or in self defense.
  • The US is shielding Israeli responsibility in the UN Security Council
  • The resolution process is stonewalled internationally.
  • One of the things that we’d love to do is remove the veto power from the five permanent members of the UN Security Council.
  • BDS Movement: 2011 – Dock Workers refused unload Israeli products from a boat.
  • EndtheOccupation.org

Guest – Attorney Noura Erakat, human rights attorney and activist. She is currently a Abraham L. Freedman Teaching Fellow at Temple University, Beasley School of Law and the U.S. based Legal Advocacy Consultant for the Badil Resource Center for Palestinian Refugee and Residency Rights. She has taught international human rights law in the Middle East at Georgetown University since Spring 2009. Noura also has helped seed BDS campaigns as a national grassroots organizer with the US Campaign to End the Israeli Occupation.

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Russell Tribunal on Palestine: Ilan Pappé Speech

The final session of the Tribunal focused on the responsibility of the United States of America and the United Nations regarding the Israeli breaches of international law towards Palestine and Palestinians. There is now a situation in which Israel has achieved a status of immunity and impunity, facilitated by the US, despite its complete disregard for the norms and standards of international law.

Speaker – Ilan Pappé, an Israeli historian and activist. He is currently a professor with the College of Social Sciences and International Studies at the University of Exeter in the UK, director of the university’s European Centre for Palestine Studies, and co-director of the Exeter Centre for Ethno-Political Studies. He is the author of The Ethnic Cleansing of Palestine (2006), The Modern Middle East (2005), A History of Modern Palestine: One Land, Two Peoples (2003), and Britain and the Arab-Israeli Conflict (1988)

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Law and Disorder October 8, 2012

Updates:

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Universal Jurisdiction: Kiobel v. Royal Dutch Shell / Bush 6 Case In Spain

This week the US Supreme Court will decide if corporations could be held liable in U.S. courts for violations of international human rights law in the land mark case Kiobel v. Royal Dutch Petroleum.  The case was brought by families of seven Nigerians who were executed by a former military government for protesting Shell’s exploration and development and is pushing to hold corporations accountable for human rights violations. The Supreme Court will also consider how the Alien Tort Statute Claim can be used the Kiobel case.  A one sentence law that goes back to 1789 when the first judiciary act was brought in the United States. We’ve discussed this statute with several past guests including attorneys Peter Weiss and Rhonda Copeland who were instrumental in beginning the first cases in which human rights violations, taking place in other countries could actually be litigated in the United States.

We also discuss the recent amicus filing by a group of international human rights organizations and experts before the Spanish Supreme Court. The brief asks the Spanish Supreme Court to overturn a decision not to pursue a criminal case against six former officials from the Bush administration for their role in directing and implementing a systematic torture program.  Past shows with Katherine Gallagher.

Attorney Katherine Gallagher:

  • The Kiobel case has been in US courts since 2004.
  • The claims were brought in the Southern District of New York, under a law from 1789, known as the Alien Tort Statute.
  • This law allows non-US citizens to come into a US federal court and assert violations of the Laws of Nations or International Law.
  • A recent precedence for this is Citizens United, what happened was that the Second Circuit ruled that corporations could not be held liable for these egregious human rights violations under the Alien Tort Statute.
  • The question of corporate liability went up to the Supreme Court first.
  • We had 2 judges from a 3 bunch panel in the Second Circuit suddenly come out in the fall of 2009 and say there is no corporate liability. That is the question that went up to the Supreme Court.
  • Four other circuits had look at this question and they said of course corporations can be held as liable as an individual, a natural person.
  • The Alien Tort Statute allows for a civil suit and civil liability rather than criminal liability.
  • The key case from 1980 that CCR brought, the case of Filartiga, this case which the Supreme Court affirmed in 2004 as being on solid legal basis, claims by a Paraguayan, against a Paraguayan for actions that occurred in Paraguay.
  • So its very strange that the Supreme Court was asking in a very broad fashion whether the ATS could apply to actions that occurred in another country. That is what the bulk of the cases brought under the ATS have been about.
  • Some of the cases where the ATS is used are for some of the most serious violations. Cases of war crimes, crimes against humanity, torture, not your run of the mill case.
  • What the justices seem to coalesce around was the issue of whether there’s an alternate forum. If the claims against Shell could have been brought in the UK or in the Netherlands, maybe they don’t need to be brought in the US.
  • We’ve seen a trend in the last 20 years of other countries adopting stronger laws that allow for redress, and accountability, so we don’t have to be the world’s policeman.
  • There have been 2 cases that percolated up in the last 4 years in Spain.
  • The first is a widespread investigation of the torture program then Judge Balthazar Garzon. This is a case looking at torture in Guantanamo, and potentially in Iraq and Afghanistan, looking at the whole U.S. torture program. That case was brought on by 4 named plaintiffs.
  • That case is very wide ranging, and willing to go up the chain of command as far as the evidence leads.
  • There is a second case that was brought against specific U.S. individuals. They’re known as the Bush 6, including, Jay Bybee, John Yu, David Addington, Alberto Gonzalez. Six men who served as lawyers and argued to have essentially created both the legal structure that enabled the torture program,  providing arguements for immunity and protecting participants of the torture program from accountability.
  • Spain has a long and proud history of upholding International Law. Spain is where we had the case against Augusto Pinochet in the late 90s.
  • We’ll be doing this as long as we need. We need to have accountability, its really critical.

Guest – Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights (CCR), where she focuses on holding individuals, including US and foreign government officials, and corporations, including private military contractors, accountable for serious human rights violations. Among the cases she has worked, or is working, on are international accountability efforts for U.S. officials involved in torture (Spain, Switzerland, Canada); ICC Vatican Officials ProsecutionArar v. Ashcroft, Corrie v. Caterpillar, Matar v. Dichter, Saleh v. TitanAl-Quraishi v. Nakhla and L-3, Estate of Atban v. Blackwater.
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