Civil Liberties, Criminalizing Dissent, FBI Intrusion, Guantanamo, Habeas Corpus, Human Rights, Prison Industry, Supreme Court, Targeting Muslims, Torture, Truth to Power
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Wisconsin Labor Demonstrations Update
Organized labor is in the cross-hairs to be taken apart by the American elite. Last month, 10 thousand people continued a multi- day occupation of the Wisconsin State Capitol building while tens of thousands chanted outside. Meanwhile the country is gripped by the drama unfolding in Wisconsin and it has inspired unions in other states to move in solidarity. Among those states are Montana, Indiana, Ohio, Michigan, Pennsylvania and New Jersey. Listeners may remember that Wisconsin trade unions have already conceded to wage and benefit cuts. Now the state is voting to repeal Section 11170, the Public Employee Bargaining Chapter. Update: Wisconsin GOP Allows State To Fire Employees For Strikes, Walkouts
Attorney Lester Pines:
- Governor Walker is clearly a stocking horse for the far right wing of the Republican Party.
- I’m not surprised at his behavior, he behaved this way as a Milwaukee County executive.
- I told people he was going to try to repeal section 11170 which is the Public Employee Bargaining Chapter
- What’s at stake is an attempt by the governor and the legislature to strike at the heart of the Wisconsin tradition of organized labor.
- Public employee bargaining has been in Wisconsin for 50 years. This is an attempt to tear apart generations of how Wisconsin operated.
- On a federal level, this is an attempt to wipe away outside groups that democratic and progressive candidates.
- Wisconsin has a bi-annual budget. The legislation is part of budget repair bill. In that legislation is a bill to eliminate all collective bargaining for all municipal and school district employees as well as for state employees.
- There will be no bargaining if this bill passes. The only thing that can be bargained with is wages.
- The bill also imposes a cap on wages. These are designed to essentially make it impossible for public employee unions to function in any meaningful way.
- Scott Walker didn’t talk about what he would actually do.
- If we look at the mass demonstrations in Madison. These are the biggest demonstrations I’ve ever seen here.
- Impeachment is impossible because Republicans control the legislature and Senate, however he can be recalled.
- The Democrats can’t be arrested in a criminal sense,
- Governor Scott Walker has reignited the progressive movement in Wisconsin.
- Until you get these Republicans out of office they’re going to do a lot of damage. They’re nihilists. They care nothing for public services. They care only for what their corporate puppeteers want them to do.
- It looks like this whole anti-public union movement was actually planned out amongst all these new governors.
Guest – Labor attorney Lester Pines, in practice since 1975, he leads the Litigation area, concentrating in civil trials, criminal defense, labor & employment, and business. A Fellow in the American College of Trial Lawyers, Mr. Pines is a highly respected civil and criminal litigator who has appeared in courts throughout Wisconsin and litigated federal matters in Wisconsin, Illinois, Iowa, Ohio and New York.
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Human Rights Crisis Continues In Puerto Rico
More than a year ago nearly 100 thousand people took to the streets of San Juan, Puerto Rico to protest the lay off of about 17 thousand public employees. The demonstration shut down all state-owned enterprises including the island’s schools and colleges. Two days before that strike the governor passed a bill aimed at dismantling the Bar Association. Protesters were warned that if they stopped commerce, particularly the docks and airports, that action would be sanctionable to federal law. Now, as human rights violations continue, as students and faculty demonstrate against dismantling of progressive curriculum and tuition hikes. ACLU of Puerto Rico, “Human Rights Crisis in Puerto Rico: First Amendment Under Siege.” Law and Disorder Interview with Judy Berkan October 2009
Attorney Judy Berkan:
- Wholesale attack on institutions of Puerto Rican society where any dissent could be lodged.
- The Puerto Rican Bar Association, a real forum for those without a voice. Attacks have come to the Bar Association, elimination of mandatory Bar membership and imposed draconian restrictions upon the Bar Association. They took away a great deal of our funding.
- The president of the Puerto Rican Bar Association was jailed for speaking out against a lawsuit that could take away life insurance from poor lawyers.
- There’s a one month prohibition on leafleting and expression in the University of Puerto Rico.
- The closing of the legislative chambers. Right now there is a US Department of Justice investigation and talk of a trusteeship of the police department here.
- The use of the tactical operations of the police to repress dissent has been intensified.
- All of our public spaces are being closed off to legitimate dissent, while people engaged in peaceful dissent are being attacked.
- Austerity: Part of the remedy of the economic crisis there was an increase in tuition of 800.00. But much more at stake.
- More than that there is question of the vision the University of Puerto Rico will take in the future.
- The emphasis appears to be on privatization as it is throughout the government. We been suffering these programs since 2009.
- We were the guinea pigs. There’s more violence here, if we occupied the state house here, we would’ve been met with pepper spray, gas and beatings as we were when we attempted to demonstrate outside the state house last June.
- The economic programs are really the model that’s being used by Republican governors in the US
- The University situation is really wallowing in the wind without a real solution.
- The Bar Association and their presence is very crucial to public debate in Puerto Rico.
- I think people are getting tired, we do have 2 more years left of this administration.
- The police department is still in the hands of a former FBI agent who has openly encouraged violence against protesters. We have a raging crime rate.
- What’s distressing for all of us here who care about these matters is the media black out in the United States.
- Are we training people to be managers at McDonald’s or are we training people to think about the future of Puerto Rico?
Guest – Attorney Judith Berkan, is a partner in the San Juan law firm of Berkan/Mendez. She specializes in government misconduct litigation and employment discrimination cases. Berkan worked as an attorney in New Haven, Connecticut before going to Puerto Rico as the staff attorney for the Puerto Rico Legal Project of the National Lawyers Guild, now the Puerto Rico Civil Rights Institute. For twenty-seven years, she has been teaching, primarily in the Constitutional Law area, at the Inter American University Law School in San Juan, Puerto Rico.
A frequent speaker and author of many articles on civil rights issues, she was the President of the Human Rights Commission of the Puerto Rico Bar Association in the mid-1990?s and a member of the Commonwealth Supreme Court’s task force on gender discrimination.
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Left Forum 2011
The 2011 Left Forum convenes this Spring, March the 18 to the 20th. This is the largest annual conference of a broad spectrum of left and progressive intellectuals, activists, academics, organizations and the interested public. Conference participants come together to engage a wide range of critical perspectives on the world, to discuss differences, commonalities, and alternatives to current predicaments, and to share ideas for understanding and transforming the world.
Guest – Stanley Aronowitz Distinguished Professor of Sociology at CUNY Graduate Center, where he is Director of The Center for the Study of Culture, Technology and Work. He has taught at Staten Island Community College, University of California-Irvine, University of Paris, Columbia University, and University of Wisconsin.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Gaza, Human Rights, Surveillance, Targeting Muslims
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Middle East Protests – Israel / Palestine
Uprisings have continued to sweep through the middle east from Tunisia, Egypt, Libya, Bahrain, Yemen, Iran, Iraq and China. Economic hardships and desperate living conditions are partly the cause for some of the mass protests. In one article describing the Wisconsin protests, the journalist wrote, there were many voices this last month that raised the cry, “We are all Egyptians!”
Governments are said to be scrambling to squelch popular dissent. How will these protests begin to reshape countries in the middle east and and what government structures are standing by to replace decadent tyrannies and corrupt monarchies? How are Palestinians in Gaza and the West Bank responding to the massive dissent in nearby Arab countries?
Ali Abunimah:
- The events over the past weeks have been historic and we still don’t know how they’re all going to play out.
- The aspirations of Tunisians, Egyptians, Libyans, Jordanians, Palestinians are very clear.
- What remains to be seen is if they succeed in completing the revolutions. There is a strong counter-revolutionary push, not just from old regime elements but also from the United States.
- The mass uprising was sudden, but its important to know that there were Egyptian activists risking their lives for many many years to lay the ground for the uprising.
- The upper echelons of the Army are fully implicated in the old regime.
- You have a parade of Americans going to Egypt trying to minimize any shift in the region away from the Israeli-American axis and more into an independent orbit.
- The only guarantee is the continued mobilization of Egyptian people, of Egyptian workers.
- One of the myths in the American media is that this uprising is entirely about internal domestic issues.
- The Rafah crossing into Palestine needs to be open permanently, the situation at the border normalized.
- Egypt’s revolution and Israel: “Bad for the Jews” Ilan Pappe, The Electronic Intifada, 14 February 2011
- The view from Israel is that if they indeed succeed, the Tunisian and Egyptian revolutions are very bad. They make the Israeli occupation and apartheid policies in Palestine look like the acts of a typical “Arab” regime.
- The war in Gaza probably could not have been carried out without Egyptian complicity.
- In Palestine, the complete death of the peace process. The Palestine Papers – revealed by Al Jazeera.
- You can’t have functioning democracy and normal politics under Israel’s occupation.
- Your rights are not given to you from above, you have to fight for them.
Guest – Ali Abunimah, a Palestinian American journalist and author of One Country, A Bold Proposal to End the Israeli-Palestinian Impasse and a co-founder of The Electronic Intifada, a not-for-profit, independent online publication about the Israeli-Palestinian Conflict. Born in Washington D.C., he spent his early years in the United Kingdom and Belgium before returning to the United States to attend college.
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Cracks In The Neo-Liberal Empire
Political unrest in North Africa continue to ripple through the Middle East with some of the biggest anti-government demonstration yet in Bahrain. Meanwhile, the protests in Libya have turned deadly as the regime’s military has killed hundreds of demonstrators. New York Professor of Middle Eastern and Islamic Studies and History Zachary Lockman joins us with an analysis on the mass protests. In Egypt, Lockman says the old political parties in Egypt have no credibility.
Professor Zachary Lockman:
- Egypt: There were huge labor strikes going back to 2008. One of the groups that launched on January 25, called itself the April 6 youth movement – called itself that because there was supposed to be a big general strike of textile workers in 2008.
- The tremendous demand from Egyptians which help fuel the uprising, for some kind of change to the neo-liberal economic policies that Mubarak regime implemented 20 years ago.
- Egypt back in the 50s and 60s under the Nassir government carried through a series of social reforms.
- The largest estates held by the largest land owners were broken up, and millions of landless peasants even if they didn’t get land, they could farm some land and have reasonable security.
- Those kinds of things were rolled back in the 1990s under pressure from the IMF and the World Bank and with the approval of US government.
- Which means these farmers were kicked off the land in large number and ended up having to move to the cities in search of work for meager wages.
- Much of the public sector was privatized at fire sale prices to cronies of Mubarak.
- This is an opportunity when millions of Egyptian workers see an opportunity to create their own independent trade union movement. One doesn’t want to downplay the heroism of the young people who took to the streets on January 25.
- Mubarak was told to go by the generals who were told to preserve as much of the regime as possible in the face of this popular uprising. The generals now running Egypt are products of the Mubarak regime. The danger is that we’ll have the Mubarak regime without Mubarak.
- There is a new independent federation trade union being established in different industries. (Egypt)
- If there is something that approaches a more representative, democratic government, that government will be less likely to take orders from Washington in the way that Mubarak was very happy to.
- We’ve been waiting for something like this for decades, and in Egypt’s case for 30 years.
- It opens up dramatic new possibilities on a world scale. That boogieman of Islamic threat used to justify autocratic regimes which has been used across the region, is still there but as we’ve seen in Egypt and elsewhere, it’s time to put it aside.
- Since the 1970s, Saudi Arabia which has been on the defensive of more nationalist Pan Arab forces asserted it’s influence to buy friends and intimidate enemies and has been the bulwark of this conservative autocratic origin in the region.
Guest – Professor Zachary Lockman, New York Professor of Middle Eastern and Islamic Studies and History. He is the author of many books including Contending Visions of the Middle East: The History and Politics of Orientalism and “Explorations in the Field: Lost Voices and Emerging Practices in Egypt, 1882-1914.”Background: My main research and teaching field is the socioeconomic, cultural and political history of the modern Middle East, particularly the Mashriq. Under the influence of the “new social history” and “history from below” movements of the 1960s and 1970s, I did my doctoral dissertation on the emergence and evolution of a working class and labor movement in Egypt from the late nineteenth century until the Second World War; it was published in 1987 in a book co-authored with Joel Beinin. Harvard University, Ph. D., 1983.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Torture, Truth to Power
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Jon Burge, Former Chicago Police Commander Sentenced to 4 ½ Years
Here on Law and Disorder we’ve reported on the ongoing developments of the Chicago Torture case and former Chicago police commander Jon Burge. 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. Attorney with the People’s Law Office Flint Taylor says the city has spent over the 10 million dollars in aiding the defense of former Commander Jon Burge. Mr. Burge, who is 63 and in ill health, was fired from the Chicago Police Department in 1993. Attorney Flint Taylor’s Statement on Burge sentencing.
Attorney Flint Taylor:
- Burge did not do this alone. Many people working under him or with him, those people are under investigation.
- The city pours millions of dollars into the defense of Burge with private lawyers.
- There needs to compensation and treatment for all the men that were tortured that number is in the hundreds.
- We have a mayoral race here, with 3 Daley clones, none of them have addressed what the judge has said.
- The judge cited the city and the police department as well as the state’s attorneys office under Richard Daley has a dismal failure of leadership with regard to these cases.
- To be in the court room and hear a judge adopt our view that we fought so hard for, that was very rewarding.
- People look at the sentence, it’s a little less than five years, of course you should do much more than that for torture. The judge had her hands tied in some degree and she went as high as she could, going double on the guidelines that were recommended.
- We’ve been raising for decades why Richard Daley didn’t prosecute for torture when he was states attorney.
- The Obama Administration’s failure or refusal to prosecute admitted torturers, I’m talking about Bush who in his book admitted that he authorized water boarding.
- Chicago is a beacon of light in the fight against torture.
- We fought for decades here to get the prosecutions, to get the convictions, to get the sentence.
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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State of Democratic Rights – Bill Goodman
We’re joined today by attorney Bill Goodman former legal director for the Center for Constitutional Rights. Bill has been an extraordinary public interest lawyer for more than 30 years he’s served as counsel on issues including post-Katrina social justice, public housing, voting rights, the death penalty, living wage and human rights work in Haiti. Bill delivered a speech recently titled the State of Democratic Rights, defining democracy as we now understand it. Everyone of these defining points has been attacked or undermined and very little has been done to repair them under the Obama Administration.
Attorney Bill Goodman:
- If you want to define or crystallize what American democracy looks like in maybe 7 concepts you can break down pretty well.
- People can’t be detained without good cause and without being charged with a crime in front of an independent magistrate.
- They can’t be tortured or punished in ways that are extreme.
- They’re allowed to protest publicly. First Amendment rights.
- People can’t be discriminated against based upon religion.
- Separation of powers, so that no single branch of government becomes overly important or overreaches.
- Right to privacy. The government can’t break into our houses, unreasonable search and seizure.
- The right to free and fair elections and have our votes counted.
- From a lawyers perspective, what I see is an unwillingness of the courts.
- It’s shameful that these judges don’t step up to the plate and say that this should not happen and will not happen.
- Humanitarian Law v. Holder. There’s a very serious attempt to extend the concepts of terrorism to protesters right here in the United States.
- People who work on behalf of the environment, animal rights.
- The United States Supreme Court is happy to say that huge corporations can spend as much money as they possibly want to shift and tilt the electoral playing field right here in the United States.
- In order to strengthen the Constitution we need active aggressive organized movements.
- Within the end of a generation we can see the end of public education in the United States.
Guest – Bill Goodman, former legal director for the Center for Constitutional Rights has been an extraordinary public interest lawyer for over 30 years, and has served as counsel on issues including post-Katrina social justice, public housing, voting rights, the death penalty, living wage, civil liberties, educational reform, constitutional rights, human rights work in Haiti, and civil disobedience.
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Post Coup Aftermath – Honduras: Sarah Hogarth
Today we are joined by legal worker Sarah Hogarth who has recently returned from a human rights delegation to Honduras through the Friendship Office of the Americas. We talk with her about her observations on the post coup human rights crisis in that country. As listeners may know On June 28, 2009, the Honduran military ousted the democratically elected President Manuel Zelaya. Former Parliamentary speaker Roberto Micheletti was sworn in as Zelaya’s replacement. Repressive tactics were used immediately after the coup–people on the front lines who oppose this regime have been beaten and illegally detained by the state. Journalists and LGBT activists were among the first to be targeted and killed. Dr James Cockcroft joins interview.
Sarah Hogarth/ James Cockcroft:
- The purpose was to meet with the movement leaders and the human rights organizations there.
- Honduras elections broadly considered to be illegitimate. The president who was overthrown, brought Honduras into ALBA.
- The outgoing president was flown out of a US military base in Honduras. The whole world knew this, but the United States said it wasn’t a coup. Now wikileaks shows that the ambassador was already telling Washington, it’s a coup.
- Zelaya was not the most radical of political leaders by any stretch.
- The resistance movement there is truly an inspiration. The new Honduran regime has instituted anti-terrorism legislation.
- The community radio movement in Honduras is the primary means, to disseminate real news about what’s happening.
- There was a time after the coup the radio equipment was not only shut down by the military but the equipment destroyed.
- Withing 48 hours, community radio stations from other Latin American countries rushed to the borders of Honduras to keep communications going into Honduras among the resistors.
- The people want the money flow to stop funding the new regime.
- Six thousand Marines were just sent to Costa Rica. Two military bases in Honduras, 6 in Columbia.
- The whole foreign policy of the United States has been and extension of the Bush policy of militarization of the world.
- This is being pitched in the context of the war on drugs. Disguise the imperial intervention with the war on drugs.
- There is an extremely small amount of arable land in Honduras.
- The level of unity among all these people is truly impressive.
- Another thing that is discouraging is the extreme privatization that has happened over the past year.
- They have given away the farm to these large corporations.
Guest – Sarah Hogarth, human rights activist in New York City. She is a freelance legal worker and writer and has recently returned from a human rights delegation to Honduras through the Friendship Office of the Americas. The delegation met with activists to learn about the human rights situation in Honduras in the one year since the elections in November 2009. In June 2009, democratically elected President of Honduras, Manuel Zelaya, was removed in a military coup d’etat.
Guest – Dr. James Cockcroft, historian and activist, Jim has written 45 books on Latin America. He’s a professor at the State University of New York and is a member of the International Committee for the Freedom of the Cuban Five.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Right-Wing Firms Train Public Servants on Terror Threats
There is a sprawling hidden world of counter-terrorism organizations growing beyond control in the United States. Twenty-four of them were created by the end of 2001, including the Office of Homeland Security and the Foreign Terrorist Asset Tracking Task Force. The next year, 37 more were created to track weapons of mass destruction and collect threat tips. By 2009, nearly 260 organizations were created as 854 thousand civil servants, military personnel and private contractors with top-secret security clearances monitor national security concerns. However, according to a report from the Public Research Associates, those same concerns have bolstered a class of self-proclaimed terrorism experts who decry Islam as an evil religion of terrorists and routinely brand Muslims as primitive, vengeful, duplicitous, and belligerent people who oppress women and gays, and have values irreconcilable with “western Judeo-Christian civilization.”
In fact, when PRA discovered earlier this year that the Massachusetts Bay Transportation Authority (MBTA) had contracted with Security Solutions International to conduct a training on radical Islam, they notified the Muslim American Society, ACLU, and our other advocacy partners, who used PRA’s research to compel the MBTA to cancel the agency’s training.
Chip Berlet :
- As part of the Homeland Security Initiatives and working with the FBI in other aspects of the national security apparatus, there was a need to train thousands as part of a local state and federal counter-terrorism “experts.”
- Some of these trainings are quite good. The problem is that there are a handful of groups that train hundreds and hundreds of local, state and federal counter-terrorism experts, with rhetoric that is basically Islamophobic.
- In the late 1970s there was an attempt to restrain this illegal surveillance. I’d have to say right now it’s worse.
- What used to be done illegally and covertly is now done ostensibly legally and openly and in fact proudly by both Democrats and Republicans who should be ashamed.
- The whole strategic suspicious reporting initiative which basically is a pipeline for unverified rumor and innuendo through local police departments up through a chain of information agencies to the federal government. We know in Europe this kind of reporting is unconstitutional and bad for society.
- Now, everyone that was considered illegal and unconstitutional for which there were Congressional hearings and reforms under Jimmy Carter, now we do it.
- In proper training that is actually looking for criminal activity, not people of color who wear garb that we’re scared of. What’s going on here is untrained, badly trained officers are reporting the names of people up into a huge infrastructure of information data storage, based on bias they’ve not been trained to resist or confront within themselves.
- We described this whole process as a platform for prejudice in a report by Tom Cincotta
- Tom has on his wall a wall chart of all the agencies of this information reporting system and it has 150 dots so inter-connected, no one can control this.
- I’m urging people to form broad coalitions across the political spectrum.
Guest – Chip Berlet, (senior analyst) is a veteran freelance writer and photographer who specializes in investigating right-wing social movements, apocalyptic scapegoating and conspiracism, and authoritarianism. A PRA staffer since 1982, he has written, edited and co-authored numerous articles on right-wing activity and government repression for publications as varied as the Boston Globe, the New York Times, The Progressive, The Nation, The Humanist, and the St. Louis Journalism Review.
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Lawyers You’ll Like – Sally Frank
For our Lawyers You’ll Like series, we’re delighted to have with us attorney, activist and Drake University law professor Sally Frank. Sally specializes in family law and domestic violence. Her activism began when she was a student at Princeton University. She filed suit against the Cottage Club, the Ivy Club and the Tiger Inn because they refused to admit her as a member based on gender. 13 years later she won the case and the three eating clubs became coed. Now Sally Frank lectures on women in law and encourages law students to be activists.
Attorney Sally Frank:
- They (Princeton) had 13 eating clubs and 3 of them were all male.
- I sued three of the clubs and the University, it began when I was a 19 year old junior at Princeton in 1979.
- My problem with it was they were very important institutions on campus, they ratified discrimination. A couple of them were the most prestigious clubs, if the most prestigious people discriminated, that kinda made it ok and it radiated it back onto to the campus in other aspects of life.
- The question was whether they were public accommodations or not.
- When I was in 5th grade I watched Inherit The Wind five times.
- Seeing William Kunstler and the Chicago 8 and how he supported the protesters and the rights of the people, and how Clarence Darrow did, made me want to be a people’s lawyer. Clerk for Emily Goodman as first job out of law school. I learned so much from her, I learned how to make a record.
- The Joint Terrorism Task Force began to investigate the peace movement in Des Moines, Iowa.
- There was question that my email was being watched. They subpoenaed 4 peace activists to a grand jury. Drake University was subpoenaed for information on the National Lawyers Guild members.
- After I found out about the Drake subpoena, there was a gag order on the subpoena.
- Leading up to 2008 RNC in Minneapolis, FBI leaving cards with peace activists in Iowa. What was going on here was an intelligence gathering that we were able to stop.
- Do not talk to the FBI, NSA, ICE. It’s very hard for people who were brought up to be polite, not to answer a question.
- We lived in a condo on the 8th floor and Bush came to the senior citizens center next door. We unfurled a banner from the balcony, a half hour before Bush was expected and we got a knock on the door by the secret service.
- I checked with the ACLU and they couldn’t bust in. Exigent circumstances.
- Most of what I do are civil cases.
- There’s certainly more government resentment and government attitude.
Guest – Attorney Sally Frank, longtime activist and law professor at Drake University. As a lawyer and law professor, Sally Frank represents protesters, victims of discrimination and poor people in housing. In her teaching and practice, Sally has helped the disenfranchised in family law and domestic abuse cases. “This is the work of the public interest lawyer. We see the problems of the system and work with our clients and others to achieve justice for them and for society as a whole.”
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Gaza, Human Rights, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power, War Resister
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Ohio Supermax: Hunger Strike In Long Term Solitary Confinement
In an Ohio Super Max prison, 4 prisoners facing execution are confined to permanent restrictive solitary confinement. They’re on a hunger strike, bringing attention to their requests to simply be placed on death row. What’s the difference? Death row isn’t as restrictive as permanent solitary confinement. Jules Lobel, Vice President of the Center for Constitutional Rights and Professor of Law at the University of Pittsburgh explains in detail the differences of regular prison, death row and solitary confinement conditions.
Jules is working to defend the prisoners, he says that long term, essentially permanent and very harsh solitary confinement is both cruel and unusual punishment that violates due process requirement of annual review. The state of Ohio has decided to keep these four in solitary confinement permanently. It’s not only in Ohio, permanent solitary confinement is becoming a problem nationally, particularly with people convicted of terrorism related offenses, including material aid to terrorism.
Jules Lobel:
Guest – Jules Lobel, through the U.S. Center for Constitutional Rights, Jules has litigated important issues regarding the application of international law in the U.S. courts. In the late 1980’s, he advised the Nicaraguan government on the development of its first democratic constitution, and has also advised the Burundi government on constitutional law issues. Professor Lobel is editor of a text on civil rights litigation and of a collection of essays on the U.S. Constitution, A Less Than Perfect Union (Monthly Review Press, 1988). He is author of numerous articles on international law, foreign affairs, and the U.S. Constitution in publications including Yale Law Journal, Harvard International Law Journal, Cornell Law Review, and Virginia Law Review. He is a member of the American Society of International Law
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Defending Grand Jury Protesters
As many listeners know, last September in a nationally coordinated raid, the FBI targeted anti-war and Palestinian solidarity activists, raided their homes and subpoenaed them to appear before a grand jury. The 13 people all of whom were critical of US foreign policy, later withdrew and asserted their right to remain silent. But in early December of 2010 subpoenas were reissued against 4 of those targeted in the raids. Three women in Minneapolis, Tracy Molm, Anh Pham, and Sara Martin were sent reactivated subpoenas by Fitzgerald’s office and new Grand Jury dates.
We’re joined by Chicago based journalist and activist Maureen Murphy who also received a new subpoena. Maureen is managing editor at the website Electronic Intifada, though the site is not being targeted in the FBI probe. In a statement, the Electronic Intifada said, quote, “Although The Electronic Intifada itself has not been a target, we consider the grand jury investigation and all of the subpoenas to be part of a broad attack on the anti-war and Palestine solidarity movements and a threat to all of our rights.”
We are also joined by regular guest, attorney Michael Deutsch from the People’s Law Office and is working with the defense committee.
Maureen Murphy:
- I don’t know why its happening, we do know that no crime has been identified. There’s nothing written on my subpoena that I need to bring any documents.
- We believe that the government is subpoenaing us so that we come before a grand jury and name names, and tell them how we organize so they can further disrupt their movement. I’m one of 23 activists now who have gotten the knock at the door. My subpoena says nothing but show up, so I think this is really a fishing expedition.
- In one home they took everything with the word Palestine on it.
- The government has expended a lot of resources on an investigation of a group that has always worked pubicly to advocate for a more just US policy. I was visited by the FBI on December 21, 2010.
- A national committee that has formed around the raids and subpoenas is calling for a day of action January 25, in front of federal buildings and FBI headquarters.
- I’ve already stated that I’m not going to testify.
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Michael Deutsch:
- In December the FBI went out with a stack of subpoenas, and wound up subpoenaing 9 additional people in the Chicago area which then makes 23.
- These people who are subpoenaed are all active in Palestinian support work. Arab American Action Network, Palestinian Support Group. This next wave of subpoenas are people who are they’re trying to gather information from.
- I’ve never in all my experience seen so many people subpoenaed to a grand jury.
- A lot of the Palestine support work has gone on in Chicago.
- Originally 14 people were subpoenaed and each one through their lawyer said they weren’t not going to voluntarily come in. Now they haven’t decided to enforce the subpoena, they said well get back to you when we decide what we’re going to do.
- There are 23 people lined up trying to figure out what the next step of the government is.
- These prosecutors don’t seem to know who they’re dealing with. They see the grand jury as a tool of oppression.
- I believe that the Israeli security apparatus is involved in supplying information to the US government.
- There’s no evidence here of any type of violence or weapons. We’re dealing with advocacy and associations.
- Despite Holder v the Humanitarian Law Project, we believe that it’s a total violation of the First Amendment.
- The underlying tenor is going after people because of their political ideology.
Guest – Maureen Murphy is a journalist and Palestine solidarity activist from Chicago. She spent a few years living and traveling throughout the Middle East, interning for the Palestinian human rights organization Al-Haq in the occupied West Bank in 2004-06 before she was denied entry and deported by the Israeli government. She also lived in Lebanon in 2007, learning about the human rights situation for Palestine refugees and the impact of U.S. foreign policy there.
Guest – Michael Deutsch, attorney with the People’s Law Office in Chicago.
Criminalizing Dissent, FBI Intrusion, Surveillance, Targeting Muslims, Truth to Power
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Holder Calls Terrorism Sting Operations ‘Essential’
US Attorney General Eric Holder delivered a 20 minute speech last week at the annual dinner of Muslim Advocates a national legal advocacy and civil rights organization. While speaking to a room of nearly 300 Muslim community leaders, Holder defended the sting operation in the Oregon bombing case and called it a “successful undercover operation.” The room fell silent. Holder continued by saying if you think its entrapment, you simply don’t have the facts straight.
Farhana Khera president of Muslim Advocates and a previous guest on Law and Disorder, criticized Holder’s comments saying the FBI is getting people involved with terrorism who wouldn’t have otherwise and resources are being diverted that could be used for actual threats. Holder continued to justify the counter terrorism techniques including sending informers into mosques to find a would-be terrorists and creating elaborate sting operations.
We’ve looked into some of the “undercover operations” and in those cases informants were used, often immigrants offered large sums of money, or plea deals for whatever crime they committed if they agree to work with the FBI. Those cases include the Newburgh Four, the Fort Dix Five and Yassir Aref in Albany. The sting operations create fear among Muslim communities and help prop up the wars raging in Afghanistan, Pakistan, Yemen and Iraq.
Dalia Hashad:
- There are 3 things that need to happen for someone to be entrapped by law enforcement.
- The idea of committing the crime had to come from government agents, not from the person accused of committing the crime. The government agent persuaded the person into committing the crime.
- The person wasn’t willing to commit the crime before the government agents spoke to them.
- These cases look the same because the FBI go after the same type of guy.
- I don’t like to get into the details of these cases because the narrative is controlled by the FBI.
- Eric Holder had no business being invited and headlining the event.
- Eric Holder Entraps at Muslim Advocates Dinner
- The FBI has more than 100 Joint Terrorism Task Forces, which includes more than 10 thousand FBI agents.
- They partner with other agents, even IRS agents.
- We basically have law enforcement agents out there spying on people who’ve done nothing wrong.
Zaher Billoo:
- I went to this dinner thinking, what are people going to be talking about, are people going to be afraid of hate crimes? People were more worried about the FBI’s tactics than anything.
- The concern is, instead of getting them the help that they need, and preventing an incident and hopefully bettering the community for that, what we’re seeing is the FBI converting them into operational terrorists
- One of the troubles of the war on terror is that we can’t prove whether its successful or not but we want to continue to spend money on it.
- This type of incident justifies that type of offense. The counterproductive measure here is that it puts the community on guard.
- Instead of building relationships with the community they’re trying to work with, they’re burning bridges. This conversation about informants, not knowing who you can trust or who you can candidly speak with, is reminiscent of some of the regimes that people were escaping.
- It’s nothing new. We continue to fall into these patterns.
- An important thing for us as activists and advocates for the community is to insure we’re making these parallels and building coalitions based on that.
- In this last year, people have started to say that it feels as though it’s as bad here as it was a year ago.
- The anti-Muslim sentiment is stronger now in 2010 than it was in 2001.
Guest – former Law and Disorder co-host, Dalia Hashad, attorney and independent consultant specializing in human rights and civil rights. She has run programs at Amnesty International and the ACLU, and she has served as a human rights legal adviser in the Occupied Palestinian Territories. At Amnesty International, Ms. Hashad was the Director of the USA Program, focusing on racial profiling, criminal justice and national security. She also served as AIUSA’s policy specialist in global identity discrimination, addressing issues of race, sexual orientation, religion and gender.
Guest- Attorney Zahra Billoo, executive director of CAIR San Francisco Bay Area CAIR ( the Council on American-Islamic Relations.) Zahra started as an intern for a local chapter of the California Faculty Association, a labor union for California State University (CSU) faculty members. Zahra has also worked as Field Organizer for the Service Employees International Union, and was awarded Peggy Browning Fund Fellowship to work with the National Employment Law Project. Zahra graduated Cum Laude from California State University, Long Beach with a B.S. in Human Resources Management and B.A. in Political Science. She completed her law degree at the University of California, Hastings College of Law.
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Entrapped, a documentary film exposing the FBI
We’ve discussed the many cases of FBI entrapment here on the show and we are delighted to have with us Big Noise film maker and producer for Democracy Now, Anjali Kamat. Anjali had recently finished the film titled, Entrapped, a documentary examing the role of the FBI and government agencies funding and entrapping people by infiltrating specific ethnic and religious communities. She had traveled through Muslim communities in New York and New Jersey interviewing families of those Muslim men arrested on terrorism charges. Recent cases such as the Fort Dix Five, the Newburgh Four and Yassin Aref in Albany are highlighted in the film.
Anjali Kamat:
- I did the film as a piece of investigating reporting for Democracy Now along with from Big Noise Films. It’s available at Big Noise Films and Democracy Now DVD
- We had a screening at a restaurant off of Coney Island Avenue, hosted by the Coney Island Avenue Project.
- When these cases come about, they’re often talked about as sting operations. The FBI has been doing undercover work and they discovered this terrorist plot.
- They’re on the evening news, talking about how much safer we all are now as a result of the FBI’s excellent work.
- When you dig a little deeper you realize it’s not really a sting, in most cases. It can be called entrapment.
- Informants: In the cases I looked at, there was a Pakistani immigrant and an Egyptian immigrant, they are offered large sums of money, offered at times a plea deal for whatever crime they committed if they agree to work for the FBI.
- There are 3 cases I looked at, 3 out of dozens of cases. The first case took place in Albany in 2004 that involves a Bangladeshi pizza owner and a Kurdish Imam. They were both convicted and their prison time was reduced from 30 years to 15 years, because the case was very thin and there was an outpouring of community support.
- The second case is the Ft Dix Case, which took place in Pennsylvania. All five of the men were convicted. They are serving life sentences. Four out of the five men were ethnic Albanians from Macedonia. They were construction workers, their father had a roofing business. The fourth was a Palestinian American. Informant encouraged Palestinian American to download more and more jihadi videos.
- These videos are key because they are what was shown at the trial to the jury. The third case, the sentencing hasn’t happened yet. The Newburgh four.
- On the domestic front it allows the government to show its being tough on terror at a time when there is no evidence of where Osama Bin Laden is. At a time when the democrats seem very weak on a number of fronts.
- Another use of this is to create fear among Muslim communities. Now there’s a great sense of doubt whenever someone new comes into the community. Could this person be a government informant?
- It helps justify the wars that are continuing abroad.
Guest – Anjali Kamat, independent radio and print journalist from south India. She has lived in Egypt and Jordan and reported on movements for justice across the Middle East and South Asia. Her work has appeared in Corpwatch, Left Turn, and Samar magazine, and national newspapers in India and Egypt (The Hindu, Frontline, Outlook, and Al-Ahram Weekly). In addition to producing Democracy Now!, she co-hosts and co-produces a weekly radio show on WBAI called Global Movements Urban Struggles.
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