Law and Disorder October 14, 2013

Updates:

  • Lynne Stewart Turns 74
  • Phone Campaign For Lynne Stewart To Be Let Out Of Prison Under Compassionate Release
  • Director of Federal Bureau of Prisons – 202-307-3250
  • U.S. Attorney General Eric Holder – 202-353-1555
  • U.S. President Barack Obama – 202-456-1111
  • Che Guevara Anniversary
  • Shocking Statistics On Americans Under 30

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The United States Military Kidnapping In Libya And Failed Kill or?Capture In Somalia

The United States military had gone into 2 parts of Africa. In one case they went into Libya and brazenly seized a man who they claim to be a leader of Al-Qaeda, his name is Abu Anas al-Libi.  He was seized out of Tripoli, Libya. The U.S. also went into Somalia and attacked a house or a compound in apparently an effort to grab or kill  an alleged senior leader of the Somali group al-Shabab. Michael Ratner reports in this update.

Attorney Michael Ratner:

  • It was shocking news to see that the United States think it can go into sovereign countries and kidnap, kill whoever they want. Did the US have the right to go into Libya at all?
  • Article 24 of the UN Charter says that the territorial integrity of the a country is complete, except of the case of self-defense or authorized by the UN.
  • There was no authority by the UN or international law to go into Libya.
  • Then the question came up – Did Libya consent to it?
  • He’s on some U.S. ship. It’s called the San Antonio.
  • They’re keeping him floating on this ship while they’re going to interrogate him.
  • Its true, Obama when he took office 5 years ago, he banned torture and he said all interrogations had to be done according to the Army Field Manual.
  • Annex M allows 3 kinds of techniques that I think constitute cruel and inhuman, degrading treatment and taken together would constitute torture.

Law and Disorder Co-host Attorney Michael Ratner,  President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.

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The United States, Iraq, Afghanistan, Iran, Syria and Israel Part 2

October 7th of 2013 marked the 12th anniversary since the United States invaded Afghanistan as the war drags into its 13th year. The Afghanistan war and the Iraq war have been estimated to cost tax payers up to 6 trillion dollars. This year marks the 10th anniversary of the Iraq War – an illegal war launched despite the global protest in the streets.

Phyllis Bennis:

  • On the one hand it was a huge victory for the U.S. and the anti-war mobilization effort, that we managed to prevent what was a very imminent US strike. The British also had their missiles ready to go. They were very close.
  • In combination with the British Parliament decision to say no, led to a huge shift in what the Obama Administration was prepared to do.
  • It turns out they were prepared to go to war without UN permission. They were ready to do without the UN, without NATO, without the Arab League, but not without the Brits.
  • This was a political decision, this wasn’t rooted in concerns about international law or any kind of strategic or military necessity.
  • When it was turned over to Congress, a lot of organizations mobilized and said you know what, we’re not going to let this happen.
  • Members of Congress were reporting that their emails were running 500 to 1, 800 to 1, 1000 to 1 against US military intervention.
  • What we found is that people were not willing to sign on to another war after so many failed wars in the region.
  • You can call it war fatigue but it’s really about learning a lesson, that war is not an answer to these problems.
  • Given that there have been 100 thousand victims in this war (Syria) about a third of them civilians, about 43 percent regime soldiers and militia, about 18 percent rebel soldiers. The rest were civilians.
  • To claim this was all about the humanitarian consequences, simply, that’s not the case.
  • The voices that have been marginalized the most are the original political opposition in Syria, who were incredibly brave and courageous, still out there fighting.
  • The regime in Syria was forced to sign on to the chemical weapons treaty. That’s huge, there are only 7 countries in the world that had not signed that treaty.
  • Israel of course being another one.
  • The number of people killed with chemical weapons in Syria is tiny compared to the number of people killed with conventional weapons.
  • The five wars in Syria, the regional power struggle, the sectarian war, the US-Russian war, the US-Israel vs. Iran war, those are still underway in Syria.
  • President Rouhani, the new president of Iran, was on a major charm offensive.
  • Rouhani has said ” I have the backing of the Supreme Leader in a new approach to our nuclear negotiations.”
  • There are enormous pressures in the U.S from the arms industry, from AIPAC, from hawks in Congress of all sorts.
  • The Palestinians are the ones that will pay the price if there is an agreement between the US and Iran because the US will be determined to give Israel something.
  • Iraq has become as violent as it was in the height of the sectarian wars of 2006 and 2007.
  • Hundreds of people are being killed on a daily basis. It’s a disaster. Much of that is the result of the exploding war in Syria. Syria and Iraq share a long border. It’s a very porous border.
  • The division of Libya into 2 or 3 regions is a very likely possibility.
  • Saul Landau was a giant in our movement, he made one of the first films about Fidel. It was called Fidel it was made in 1960 a year after the revolution.
  • He died about a month ago after a 2 year battle with a very virulent cancer.
  • Saul had been at IPS almost at the beginning. He wrote the book Assassination on Embassy Row that documented with such precision on how Operation Condor had gone forward.

Guest – Phyllis Bennis, directs the New Internationalism Project at IPS. She is also a fellow of the Transnational Institute in Amsterdam. She has been a writer, analyst, and activist on Middle East and UN issues for many years. In 2001 she helped found and remains on the steering committee of the U.S. Campaign to End Israeli Occupation. She works closely with the United for Peace and Justice anti-war coalition, co-chairs the UN-based International Coordinating Network on Palestine, and since 2002 has played an active role in the growing global peace movement. She continues to serve as an adviser to several top UN officials on Middle East and UN democratization issues.

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Law and Disorder October 7, 2013

Updates:

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The United States, Iraq, Afghanistan, Iran, Syria and Israel

President Barack Obama addressed the 68th session of the United Nations General Assembly last week, near the end of September. His speech reflected some of the shift in global politics in the Middle East, especially in Syria. He also spoke about Iran, and mentioned the usual, “we are determined to prevent Iran from developing a nuclear weapon.” Obama said “we are not seeking regime change we respect the right of the Iranian people to access peaceful nuclear energy.”  However Iran has signed on to the Non-Proliferation Treaty which recognizes the right to develop, research, produce and use nuclear energy for peaceful purposes without discrimination.

William Blum:

  • One must accept the basic premise that the United States wants to dominate the world.
  • In that context it becomes clear that the main problem we have with other countries is one of disobedience.
  • Our closest ally in the Arab world is Saudi Arabia, if that’s not the most oppressive government in the world then damn close to it.
  • We’ve overthrown the 3 leading secular governments of the Middle East. First Iraq, and then Libya, and now we’re in the process to attempt to overthrow the Syrian government.
  • In ’79, the Shah of Iran was overthrown by various forces, but the ones that came to power were the Islamics.
  • It’s a myth that the U.S. was totally opposed to Islam coming to power in Iran then.
  • What Washington feared is the Left coming to power in Iran.
  • The Left, all over the world, are the least likely to be obedient to Washington, to become a client state.
  • So the Left is the first target of U.S foreign policy.
  • Israel fears Iran, in the same way it fears Iraq and Libya. Any country in the Middle East that had some military power and not falling in line as an obedient friend or follower of Israel, that was a target of Israel, which means target of the U.S.
  • The 3 main targets have all been attacked by Washington and that’s where we are today.
  • Cuba then and now has represented what Washington fears greatly, a good alternative to capitalist system.
  • They have inspired people and countries all over the world, especially in Latin America.
  • It’s not very well known that throughout the 70s and into the 80s, Afghanistan had a fairly progressive government. Women had full rights. I’ve seen photos of that time, of women walking around in mini-skirts.
  • What happened to that society and government? Our dear government overthrew it.
  • It’s amazing when we hear people say we have to stay in Afghanistan to help the women there.
  • Saddam Hussein, as much of a dictator as he was, he still ran a welfare state.
  • The people in their daily life were much better off than they are today and there was peace and order
  • Syria is not going to make a good client state to the United States and Israel. Syria is a bit too friendly with Russia.
  • It’s amazing how sensitive we are to those who will not embrace the American empire.
  • Almost all the leading people in Israel except for Netanyahu, they know Iran is not a threat. It’s all hype.
  • Netanyahu needs this hype and the U.S. needs it.
  • There’s a very growing trend now to be turned off by all of this war. The vote in Congress which if it were held would have been against invading Syria.
  • The American public is very tired of these wars.
  • Sign up for the monthly Anti-Empire Report.

Guest – William Blum, has been a freelance journalist in the United States, Europe and South America.  His stay in Chile in 1972-3, writing about the Allende government’s “socialist experiment” and its tragic overthrow in a CIA-designed coup, instilled in him a personal involvement and an even more heightened interest in what his government was doing in various parts of the world. In the mid-1970’s, he worked in London with former CIA officer Philip Agee and his associates on their project of exposing CIA personnel and their misdeeds. His book on U.S. foreign policy, Killing Hope: U.S. Military and CIA Interventions Since World War II, first published in 1995 and updated since, has received international acclaim.

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EFF Fights Back Against NSA Spying

A few shows ago we asked Attorney Carl Messineo with the Partnership for Civil Justice Fund what legal steps are they taking to stem the pervasive breach of civil liberties from the National Security Agency’s massive surveillance program. Our own Heidi Boghosian, author of the book Spying On Democracy: Government Surveillance, Corporate Power and Public Resistance has discussed in detail the public fight back from a legal standpoint.  David Greene, a senior staff attorney with the Electronic Frontier Foundation brings us up to date about ongoing litigation, lawsuits and FOIA requests to continue the fight back against government and corporate spying.

Attorney David Greene:

  • There’s a lot we still don’t know about how much they know about us.
  • We do know that they have several programs to collect communications, data. They have a program called UPSTREAM that collects all internet communications.
  • This actually happens at the fiber level. – where the switching facilities are at the splitter, split the transmissions to where the communications company wants it to go and one that actually goes toward the government.
  • We at EFF have known about that and had a lawsuit pending for 7 years now.
  • Our lawsuit was originally against AT&T and then Congress granted telecoms immunity, so.
  • One of the other things we’ve learned about is a program that also collects internet records called PRISM. PRISM seems to be focused on collecting email correspondence between foreign targets and the United States.
  • They’re basically collecting the call data of every telephone call made in the United States. Right now they’re saying they’re not collecting the content of the calls but only the metadata.
  • They’re also collecting social media data as well and doing things such as social mapping.
  • There are several provisions of the Fourth Amendment and some of the issues here is the prohibition against unreasonable searches and seizures.
  • Basically people’s information is being searched, being seized without a probable cause. A probable cause to believe these people actually did anything wrong.
  • The Electronic Frontier Foundation is an organization that fights for civil liberties in the digital world.
  • Whenever you go up against the government, you’re going to be out resourced.
  • There are many parts about being a free person that requires a person to operate with some degree of privacy from there government.

Guest – Attorney David Greene, Senior Staff Attorney, has significant experience litigating First Amendment issues in state and federal trial and appellate courts and is one of the country’s leading advocates for and commentators on freedom of expression in the arts. David was a founding member, with David Sobel and Shari Steele, of the Internet Free Expression Alliance, and currently serves on the Northern California Society for Professional Journalists Freedom of Information Committee, the steering committee of the Free Expression Network, the governing committee of the ABA Forum on Communications Law, and on advisory boards for several arts and free speech organizations across the country.

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Left Forum 2013: Dr. Harriet Fraad Part 2

We hear part 2 of a presentation from Harriet Fraad,  a hypnotherapist & psychotherapist in Manhattan. She writes regularly for Truthout, Tikkun and The Journal of Psychohistory. Her blog with Richard D. Wolff, Economy and Psychology appears at HarrietFraad.com and RDWolff.com. Her latest book is Bringing It All Back Home ed. Graham Cussano. Her article on Emotional and Sexual Life in a Socialist America written with Tess Fraad Wolff will appear in the book Imagine A Socialist America- (Harper Collins 2013). This panel explores what Socialism could look like in the United States.

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Law and Disorder August 19, 2013

Updates:

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Lynne Stewart: Compassionate Release Decision

Last week Federal District Court Judge Koetl in New York stated he couldn’t consider Lynne Stewart’s request for compassionate release because by law the request needs to come from the Federal Bureau of Prisons. Judge Koetl also pointed out that the Bureau of Prisons didn’t properly consider Lynne’s medical evidence by saying her condition was improving. Meanwhile, Lynne’s doctors have given her a prognosis of 24 to 18 months to live.

Attorney Jill Shellow Levine:

  • One of the things his opinion makes clear (Judge Koetl) is that the Bureau of Prisons under the statute makes a motion, he will swiftly and compassionately view the motion.
  • Our application would have required him to think outside the box. I think he’s reluctant to do that at least now.
  • You can continue your letter writing campaign to the director of the Bureau of Prisons in Washington DC. You can contact your Congress people both on the Senate side and the House side and urge them to get involved and to make known to the director that this is important to them.
  • Those are probably the things that count the most.
  • Please call to push for Lynne’s release from prison.
  • U.S. Bureau of Prisons Director Charles E. Samuels – 202-307-3198  Ext. 3
  • U.S. Attorney General Eric Holder – 202-514-2001
  • President Barack Obama – 202-456-1111
  • Please Write to: Charles E Samuels Jr. / Federal Bureau of Prisons / 320 1st Street Northwest / Washington DC 20534

Guest – Attorney Jill Shellow-Levine, Lynne’s attorney and National Lawyers Guild member.
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One Nation Under Surveillance Campaign: Partnership For Civil Justice Fund

In the wake of leaks about the National Security Agency’s massive surveillance program, many ask what legal steps to stem the pervasive breach of civil liberties. We’ll talk with attorney Carl Messineo from the Partnership for Civil Justice Fund about their campaign One Nation Under Surveillance. Years before 9/11 the Partnership was engaged in litigation and advocacy about the ways in which the government and corporations spy on individuals.

The FOIA request reads in part: “The people of the United States have an urgent need for disclosure of the requested information regarding what appears to be the largest covert surveillance program directed against them in U.S. history. The U.S. government and its agencies that are carrying out these unprecedented surveillance programs are not entitled to hide these programs from the public.”

Attorney Carl Messineo:

  • One Nation Under Surveillance campaign is a composite of multiple programs that the PCJF has undertaken to challenge and to fight against the surveillance state.
  • The program includes public records demands, FOIA requests, lawsuits, litigation as well as campaign and advocacy.
  • We’ve been looking at the issue of anti-terror authorities and surveillance authorities being misused to target law abiding people in the United States and in particular those engaged in political activity, well before even 9/11.
  • These anti-terror and surveillance authorities, while they were pumped up dramatically after 9/11 were actually being utilized to disrupt, to monitor, surveil, peaceful, political activists even before that catastrophic event occurred.
  • The monitoring is done at the behest of private corporations and that’s revealed most clearly in the public records disclosure that we have secured as related to the Occupy Movement.
  • Those documents reveal corporations working hand in glove with law enforcement to surveil, to counter, to disrupt the political messaging that this grassroots peaceful movement had.
  • This is a movement that came about because of tremendous economic insecurity. People are one pay check away from not being able to meet their basic needs.
  • The Wall Street corporations sit in the command centers of law enforcement, so that they have free access to the same flow of information.
  • What Manning and Snowden have revealed to us is really a clarion call to action.
  • What the NSA does intercept comprehensively, gmail communications, telephone logs of all of our communications.
  • Who is that targeting? It’s targeting the law abiding person in the United States. Think about it for a second. What competent terrorist is going to be relying on gmail or google in order to conspire or plan?
  • The “undernet” is not being captured. The virtual private networks.
  • It completely eliminates the concept of privacy. The privacy implications are staggering. It’s all been done secretly, with secret courts in the United States.
  • Senators who had knowledge of this information, and critical of the programs did not possess the First Amendment right to bring or focus attention to these details by citing specifics because they were under gag orders.
  • We certainly know the surveillance complex is massive. Edward Snowden didn’t access the top secret documents that he did by working at the NSA. He had to work as a private contractor at Booz Allen.There’s a huge profit incentive. The use of permanent war. There must be a declaration of war in order for emergency powers that are ancillary to those powers to come into effect.
  • There needs to be public debate before there is war. But a new concept was developed under the Bush Administration and is perpetuated under the current.
  • The notion that there is a permanent state of undeclared war.
  • Anti-crime and anti-terror authorities have been used by the government as tools.
  • This is a predominant threat of having these tools of social and political control out there and systematically deployed so that the government and the corporations with who they work hand and hand, can anticipate, can know and can suppress and disrupt, democratic action. The lifeblood of a democracy.
  • The government governs only by consent and that’s part of the violation here of all of this secrecy.
  • A new debate is starting across this county of how do we seize control over these technologies.
  • What we’re doing at the Partnership for Civil Justice Fund is a combination of activism and litigation.
  • The government has operated in secret because it fears the public’s reaction.
  • We have filed public records demands with the NSA, the FBI, the CIA, with other defense and military entities because that’s who is doing this. It’s coming out of the military.
  • Our requests demand disclosure to the public, what are the record keeping systems, what are the safeguards, what are the rules, what are the authorities?

Guest – Attorney Carl Messineo, legal director and co-founder of the Partnership for Civil Justice Fund.
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The Struggle Continues: Seeking Compensation for Vietnamese Agent Orange Victims, 52 Years On

The long term damage left by Agent Orange upon millions of Vietnamese, and the many thousands of U.S. soldiers has yet to be properly accounted and compensated for.  Agent Orange’s long term damage set upon the ecosystems of Vietnam 52 years later include long term poisoning of soil and ground water, and near permanent destruction of mangrove forests.  Chemical companies such as Monsanto and Dow have profited from defoliant chemical and has paid very little to settle veteran’s lawsuits for Agent Orange related illnesses. Meanwhile, second and third generation of Vietnamese civilians are seriously effected by Agent Orange exposure.

Attorney Marjorie Cohn:

  • Studies show that between 2 million 4 hundred thousand and 4 million 8 hundred thousand Vietnamese and tens of thousands of Americans were exposed to Agent Orange during the spraying of Vietnam from 1961 to 1971.
  • The Department of Veterans Affairs recognizes certain illnesses and diseases as being associated with the use of Agent Orange. Lists diseases. . .
  • During the Nixon Administration there was a promise, in 1973 as part of the Peace Accords that were signed in Paris. The Nixon Administration promised to contribute 3 billion dollars toward reconstruction and healing the wounds of war and that money has not been forthcoming.
  • The chemical companies, Dow and Monsanto paid a pittance to settle a lawsuit to compensate unintended victims for Agent Orange related illnesses.
  • The intended victims, the Vietnamese sued the chemical companies in U.S. Federal Court and were unsuccessful. But the lawsuit spawned to hold the United States accountable for using these dangerous chemicals.
  • HR 2519, The Victims of Agent Orange Relief Act of 2013. It would provide medical and rehabilitative compensation to Vietnamese victims of Agent Orange and medical services for children of U.S. Vietnam veterans and Vietnamese Americans who have been born with these same diseases and birth defects.
  • It would also remediate or clean up hot spots which have been contaminated by dioxin.
  • Dioxin is the culprit in Agent Orange. Dioxin the most toxic chemical known to science.
  • The US government and the chemical companies did know about it (harmful effects) and they covered up a report and it wasn’t until the late sixties that they stopped spraying Agent Orange because of the negative publicity.
  • Now it falls to the Peace Accords in 1973.
  • Vietnam Agent Orange Relief and Responsibility Campaign. I would urge everyone to make sure your Congress person is a co-sponsor of HR 2519. The Victims of Agent Orange Relief Act of 2013.
  • Obama who was 14 at the time of the Vietnam War, has come out with a campaign to which looks to rewrite the history of the Vietnam War in a way that actually lies about what the U.S. did in Vietnam.

Guest – Attorney Marjorie Cohn, professor at Thomas Jefferson School of Law and on the board of the Vietnam Agent Orange Relief and Responsibility Campaign. Her latest article The Struggle Continues: Seeking Compensation for Vietnamese Agent Orange Victims, 52 Years On, details a strategy for compensating victims of the Agent Orange chemical.
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Law and Disorder July 22, 2013

Updates:

  • Michael Ratner: Bradley Manning’s  Defense Makes Case To Dismiss Aiding The Enemy Charge
  • Freedom of the Press Foundation For Transcripts
  • Update: Judge Upholds Aiding The Enemy Charge in Bradley Manning Trial

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NLG Obtains $1.17M, OPD Reforms for Occupy Oakland Protesters and Journalists

In recent weeks, attorneys from the National Lawyers Guild achieved two significant victories for the rights of protesters faced with police brutality and unlawful repression. The first came when the city of Oakland settled a class action lawsuit for more than 1 million dollars. The second victory occurred in early July when Oakland City Council approved a settlement for 1.17 million in another lawsuit arising from police actions at protests. As part of these settlements, the Oakland Police Department is now legally obligated to follow a crowd control policy. This policy which already existed but lacked enforcement outlines limits on police department officer’s use of force and the ability to make mass arrests in protest situations.

Attorney Rachel Lederman:

  • The first case has to do with the demonstration that had occurred on the day Johannes Mesterly was sentenced for the death of Oscar Grant. That’s the BART officer who shot Oscar Grant in the back as he was restrained facedown on the subway platform.
  • There’s a movie out about the last day in the life of Oscar Grant called Fruitvale Station that I would highly recommend seeing it’s playing all over the country now.
  • The death of Oscar Grant sparked a large number of demonstrations. November 5, 2010 was the date that Mesterly was sentenced and he was given a very minimal sentence of involuntary man slaughter of 2 years, 11 months with time served.
  • There was a demonstration planned for that evening it was actually a very small demonstration. OPD had planned to not allow a march after dark.
  • There was a rally that was permitted in downtown Oakland and then about 200 people started marching in the direction of Fruitvale Bart where the shooting had occurred. As soon as the march started the police began to set up for mass arrest.
  • When a police line would be erected in front of the march people would naturally turn another direction. This went on for a while, where the march was re-routed.
  • Eventually the OPD herded people to a residential area where they didn’t intend to go. The police announced it was a crime scene and began arresting everyone.
  • The Oakland City Police have been under consent decree since January 2003 mandating reform process.
  • We’ve had this crowd control policy in place but basically every single provision of the crowd control policy was violated in the Occupy Oakland incident and the Oscar Grant incident.
  • We brought those cases to try to enforce the crowd control policy. A lot has changed in the last six months.
  • There’s also been a new shake up of command (OCP) there’s a new acting chief.

Guest – Rachel Lederman, a California based National Lawyers Guild attorney who worked on both cases.  Rachel first got involved in police misconduct civil rights cases as a result of her criminal defense work with political demonstrators. In 1989, Dennis Cunningham and Rachel Lederman successfully sued the San Francisco Police to obtain justice for AIDS activists who had been brutalized and unlawfully detained in what became known as the “Castro Sweep”.
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Surveillance Blowback: The Making of the U.S. Surveillance State, 1898-2020

What is the history and context of surveillance in the United States? Last week Scott Horton explained how the Foreign Intelligence Surveillance Act court devolved into a panel of judges making decisions in secret that influence federal law. Returning guest Alfred McCoy traces the US surveillance apparatus back to the late 1800s and brings us up to understanding the context of leaked NSA documents by whistle-blower Ed Snowden. In his latest article titled Surveillance Blowback: the Making of the U.S. Surveillance State 1898-2020, Al McCoy,  Professor of History at the University of Wisconsin-Madison details the surveillance timeline beginning with the US occupation of the Philipines and makes the connection to US imperialism abroad and apathy at home.

Professor Alfred McCoy:

  • Four years ago I published a book called Policing America’s Empire which started in the Philipines and started the history of US domestic surveillance through what I call surveillance blowback.
  • It’s the trajectory of history that allows you to see this.
  • In the late 19th century America had what I call our first information regime which was really a brilliant synergy of discoveries.
  • Thomas Edison’s quadruplex telegraph, Remington’s typewriter allowed the transmission around the world, across the nation, absolutely accurately at 40 words a minute.
  • The Gamewell Corporation for a half century during the 19th century was the world leader in the development of police telegraph and telephone communication – those police boxes that used to be on the streets of every American city.
  • The Gamewell Corporation had 900 of these boxes in operation and collectively they sent 41 million messages in the year 1900.
  • When we intervened in the Philippines we were suddenly faced with this massive insurgency, this guerrilla underground. We smashed the regular military formations but we couldn’t break the insurgency.
  • The US military in order to pacify that country created the first field intelligence unit in its 100 year history.
  • They appointed an obscure medical doctor Captain Ralph Van Deman to be the head of the division of military information.
  • He decided he would map the entire Filipino political elite.
  • William Howard Taft passed very draconian sedition and libel legislation and created a powerful colonial secret police called the Philipines constabulary. It took about 10 years to accomplish. 1898-1907
  • We had to track down the politicians (Philipines) we had to manipulate them.
  • 10 years after that process, the US joined WWI. April 1917.
  • The United States was the only army on either side of the battlefield that didn’t have an intelligence service with any description.
  • We turn now to Colonel Van Deman who applied his Philippines experience to developing a very elaborate counter-intelligence apparatus inside the United States.
  • Mr and Mrs Van Deman ran a private intelligence service that had Army file clerks and regular FBI liason officers dropping by.
  • And from their home they compiled files on 250 thousand suspected subversives.
  • They divided the world. Basically, North America, Latin America became the purview of the FBI for counter-intelligence the rest of the world became purview of US military intelligence and of course the CIA and then NSA.
  • That division of the word remain in effect until December 2011.
  • 3 million Afghani iris scans and fingerprints are housed in a main frame computer in West Virginia.
  • So, we developed then, this very efficient system of surveillance and digital monitoring overseas.
  • During the war on terror we now know the Bush Administration beginning October 2001 authorized the NSA to start massive capping of all digital communications.
  • In March of this year, it was 97 billion emails that were tapped by the NSA.
  • This began migrating home very very quickly.
  • When Obama came even though he criticized this illegal wiretapping, when he came in, instead of cutting it back like the Republicans did in the 1920s, he decided to build upon it.
  • What he’s building upon it for is to build an architecture for the exercise of global power through a significant edge or advantage for information control and information warfare.
  • Obama wants to cut back on the appropriations for the big behemoths, the heavy tanks, the big ships and he wants to shift us into an agile form of information warfare and global information control.
  • The NSA is spending 1. 6 Billion dollars for the world’s biggest data farm in Bluffdale, Utah.
  • The National Geo-spatial Intelligence Agency has a nearly 2 billion dollar headquarters with 16 thousand employees in DC.
  • The Obama Administration has launched a new generation of light low cost, very agile satellites that can be remotely controlled from the ground, serving ground force commanders.
  • The Obama Administration is also building an armada of 99 Global Hawk drones with 24 hour flight capacity. These are surveillance drones with a 100 mile ambit for sucking audio communications.
  • With the combination of drones sucking up the local two way radio – cell phone communication with the tapping of the fiber optic cables within the US by the NSA, and internationally by the Five Eyes Coalition, Canad Australia, New Zealand and Britain, means that the NSA will have a total global surveillance system for the first time in human history.

Guest – Alfred McCoy, Professor of History at the University of Wisconsin-Madison. His recent book, Policing America’s Empire: The United States, the Philippines, and the Rise of the Surveillance State (2009), draws together these two strands in his research–covert operations and Philippine political history–to explore the role of police, information, and scandal in the shaping both the modern Philippine state and the U.S. internal security apparatus. In 2011, the Association for Asian Studies awarded Policing America’s Empire the George McT. Kahin Prize, describing the work as “a passionate, elegantly written book.” He’s also the author of  “Torture and Impunity: The U.S. Doctrine of Coercive Interrogation.” Al is also the author of “A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror” and “The Politics of Heroin: CIA Complicity in the Global Drug Trade.  The first edition of his book, published in 1972 as The Politics of Heroin in Southeast Asia, sparked controversy, but is now regarded as the “classic work” about Asian drug trafficking.

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Law and Disorder June 24, 2013

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Historic Vigil And Compassionate Release For Lynne Stewart

It’s been seven weeks since Warden Jody Upton of FMC Carswell approved Compassionate Release for Lynne Stewart. This decision was based on the medical findings of Stage 4 cancer that spread Lynne’s scapula, lymph nodes and lungs. A massive vigil was held last week for Lynne at Federal Bureau of Prisons Headquarters in Washington DC. We’re joined today by former Attorney General of the United States Ramsey Clark who is helping to get Lynne Stewart released from prison.

Attorney Ramsey Clark:

  • The matter is now on the desk of the director of the Federal Bureau of Prisons, it’s been there for about five or six weeks which is intolerably long because everyday counts.
  • Lynne is in physical desperate condition, her cancer is spreading. She has appointments at Sloan Kettering when she gets out that may extend her life.
  • It’s slipping away while the director of the Federal Bureau of Prisons who seems to be opposed of Compassionate Release or any broad application of it, sits on her application.
  • Charles Samuels, seemed to have isolated himself from this issue. Any letters to Director Samuels would be helpful and important.
  • He’s being bombarded but for some reason, he’s holding out because he wants an interpretation of the compassionate release statute that would enable the release of only those who are going to die in the very near future, have no hope of living longer.
  • Right now we have an urgent human matter, a very wonderful human being, mother and grandmother is dying in prison. 
  • Please Write to: Charles E Samuels Jr. / Federal Bureau of Prisons / 320 1st Street Northwest / Washington DC 20534

Guest – Attorney Ramsey Clark was the former Attorney General of the United States, under President Lyndon B. Johnson. He was the first Attorney General at the Justice Department to call for the elimination of the death penalty and all electronic surveillance. After he left the Johnson administration, he became a important critic of the Vietnam War and continued defending the rights of people worldwide, from Palestinians to Iraqis, to anyone who found themselves at the repressive end of government action.
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Whistleblower Cases Update

Attorney Michael Ratner:

  • June 19th Anniversaries: Execution of the Rosenbergs. Julian Assange 1 year at the Ecuadorian embassy.
  • Snowden, we don’t know where he is, massive revelations.
  • The question you should be asking, is Dick Cheney a traitor? Is George Bush a traitor? Aren’t those the real traitors, the real people to be held accountable.
  • We should look at what they told us. Ed Snowden told about a massive domestic surveillance operation.
  • Their job is to tell the American people what they’re doing so we can debate it and discuss it and not put forward basically false stories of who they’ve purportedly stopped.
  • This is about knowing where everyone of us is all the time.
  • Freedom of the Press Foundation – Bradley Manning
  • This is really a war on whistle-blowers and really a war on the United States trying to keep control on all of the information it can and control the internet from the top down.

Richard Falk, U.N. Rapporteur on Palestinian Rights, Calls for Close of UN Watch

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Lakota Indians To File UN Genocide Charges Against US, South Dakota

There was a time in the mid 1800s when the territory of Lakota Indians reached 90 million acres, now they’re separated into tribal councils and relegated to reservations. Their children are seized and put into foster homes of white families. During Republican administrations, more than 700 Lakota children are taken annually by a private corporation called the South Dakota Children’s Home Services. In April, a grassroots movement led by Lakota grandmothers touring the country built support for a formal UN complaint of genocide against the United States government and constituent states.

Attorney Daniel Sheehan:

  • There’s basically a decade involved here during which the state of South Dakota engaged in a systematic program of the removal of Lakota children from their parents, from their extended families and from their entire tribe.
  • Some 740 Lakota children a year during that period were taken from their families and tribes.
  • Over half of them were never returned. 80-90 percent of those children were placed in white foster care.
  • This is clear violation of the Indian Child Welfare Act which was the piece of legislation that mandated that if an Indian child were taken from the child’s parents they were required to be placed with Native American people.
  • This is has been absolutely openly defied by the state of South Dakota.
  • There has been an official notice of intent to file the complaint with the United Nations.
  • We need to understand that there has been a longstanding policy in the Republican Party. When the Republican Party comes into power in Washington DC where they engage in this process to try and assimilate the native tribes.
  • They’re constantly trying to eliminate the ownership of land and integrate them into society, basically to eliminate their culture.
  • That was why the US Congress back in 1978 made the move to establish the American Indian Policy Review Commission and the Indian Child Welfare Act to stop the states from engaging in that type of activity of assimilation.
  • What we’ve seen by William Janklow, a former South Dakota congressman, governor, and attorney general, is the process to attempt to take as many of the children away as they could possibly do and place them in huge group homes such as South Dakota Children Homes Services Inc.
  • There is a subtext to this issue. We’ve discovered that during the Bush Administration from 2001 to 2009 there was systematic program of funneling federal funds into South Dakota to finance the seizure of these children and a substantial portion of that money from the Federal Government was transferred to the pharmaceutical corporations, who were in fact administering involuntarily to these children, pharmaceutical drugs Zoloft, and other psychoactive drugs to control their moods and attitudes.
  • They refuse to give information about who the children are, where they’ve been taken, where they’ve been placed, some of them have been taken out of the state, we traced a number of them to Utah.

Guest – Daniel Sheehan is the lead attorney and general counsel for the Lakota People’s Law Project (LPLP). Currently, LPLP is working in South Dakota to stop violations of the Indian Child Welfare Act (ICWA) and rescue Lakota children from an abusive state care system. Award-winning journalist Laura Sullivan has just completed a hard-hitting investigative series on the situation in Lakota Country airing now on NPR. To learn more about Daniel Sheehan’s work with Lakota Indians, visit the Lakota People’s Law Project website. Sheehan traced the institutionalization of state kidnapping of Native children back to the late William Janklow, a former South Dakota congressman, governor, and attorney general notorious for his role in what the the Lakota refer to as the “Reign of Terror” on the Pine Ridge Reservation in the years following the American Indian Movement-led occupation of Wounded Knee in 1973. According to Sheehan, members of the George W. Bush administration tipped off Janklow on a Texas strategy to grab millions of dollars in federal subsidies by administering a psychological test devised by the Eli Lilly pharmaceutical corporation to children taken into protective custody. Replicating the strategy, South Dakota developed a mental health test failed by 98% of Native children, who then become “special needs” cases under federal law, with the state receiving up to $79,000 for each Indian child and the child being placed involuntarily on psychoactive drugs.

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Law and Disorder June 17, 2013

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Hosts Discussion On Snowden and Manning Cases.

Attorney Michael Ratner:

  • There’s a lot of support out there for what Snowden revealed.
  • This big program of massive surveillance against all of us, internet surveillance, cyber wars, there’s a tremendous amount of support for him. Editorials in the times basically saying it’s not treason.
  • NYTimes:  Snowden not nearly as reckless as Bradley Manning (same position as Faiza Patel at Brennan Center)
  • Protecting Snowden and throwing Bradley Manning and the war crimes he revealed, under the bus.
  • This whole claim that it was a data dump by Bradley Manning that he went into the documents and dumped everything not knowing what was in them is false. I know its false from sitting at the trial.
  • I heard Bradley Manning testify as why he did each set of documents. The Iraq war logs, the Afghanistan war logs, the collateral murder video, the State Department cables.
  • In each case he came with a moral and political reason for doing them.
  • The fact that people are still accusing Bradley Manning of a data dump is outrageous and actually the prosecutors position.
  • Snowden did something really important, we’ve all known or suspected we’re under massive surveillance. We now have it confirmed and its as bad or worse as we could imagine. It’s every phone call we make, everyone, every single phone call in this United States. It’s a surveillance program against us.
  • What Bradley Manning revealed was the U.S. committing war crimes against others.
  • I think its easier for American people to hear, “we’re being surveilled than to care about the fact that America is committing war crimes all over the world” because that actually goes to the heart of an imperialist country.
  • Cypherpunks predicted exactly what happened: Surveillance is now cheap. You get decent quality storage of all German telephone calls on a certain type of computer for 30 million Euros including administrative overhead for pure storage.

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Attorney Heidi Boghosian:

  • It really does away with the standards of reasonable suspicion or probable cause to open an investigation.
  • It’s saying that we’ll open an investigation and this will be on information that hasn’t even happened.
  • Stored Data: The government has access to that. There’s data out there that you can never really get rid of. Corporate intelligence firms or military contractors working with the government comprise about 70 percent what’s given to the intelligence budget.
  • The government has to hire out contractors because they’re the only ones able to use this sophisticated technology.  The data that is collected, stored and resold, contains a high rate of inaccuracy.


Attorney Michael Smith:

  • Booze Allen which is the private contractor that Snowden worked for is part of the Carlyle Group.
  • The Carlyle group is a private equity firm that’s worth a 158 billion dollars. The ruling class in this country own a chunk of the Carlyle Group.
  • Clapper who’s know the head of national intelligence used to be a big executive with Booze Allan.
  • The head of Booze Allan used to be one of the main guys at the National Security Agency.
  • Privatizing Intelligence, the private sector has a duty to its share holders.

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Pardon Ed Snowden
Pardon or Free Bradley Manning
https://petitions.whitehouse.gov/petitions

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America’s Deadliest Export: Democracy

The United States war machine has been on auto pilot for the past 65 years says our guest William Blum he’s author of the recently published America’s Deadliest Export: Democracy – The Truth About U.S. Foreign Policy and Everything Else.  This provocative book exposes the true motives of America’s foreign policy and outlines steps to take action.

William Blum:

  • All this while I was looking to find reasons for it, to explain this weird record.
  • What I was left with to believe that it’s world domination that the U.S. wants for various reasons.
  • Once you understand that, many things become clearer, much less confusing.
  • We’re dealing with a lifetime of indoctrination. It starts in kindergarten. People like you and I have a long battle on our hands to overcome this.
  • We’re subjected to the indoctrination means well and its the most honorable and liberal government in the world.
  • It’s reinforced in high school and college, on television, in the print media,  it’s a major task for the likes of you and I to overcome this upbringing.
  • It’s amazing the number of Americans that have seen through this upbringing despite this upbringing.
  • I think the main to understand with this man called Barack Obama, is that there’s nothing that he strongly believes in except being President of the United States.
  • The man doesn’t have any core beliefs. He’s not anti-empire, he’s not pro-empire, he likes being President.
  • He’ll do and say whatever it takes to remain in that office. In my opinion, in Europe he’d be regarded as center-right.
  • Look at the atrocities we carry out.
  • Samantha Power is the author of a book on humanitarian intervention. Obama appointing these two women with that philosophy shows that he supports that philosophy. We have to assume they’re believers in humanitarian intervention.

Guest – William Blum, has been a freelance journalist in the United States, Europe and South America.  His stay in Chile in 1972-3, writing about the Allende government’s “socialist experiment” and its tragic overthrow in a CIA-designed coup, instilled in him a personal involvement and an even more heightened interest in what his government was doing in various parts of the world. In the mid-1970’s, he worked in London with former CIA officer Philip Agee and his associates on their project of exposing CIA personnel and their misdeeds. His book on U.S. foreign policy, Killing Hope: U.S. Military and CIA Interventions Since World War II, first published in 1995 and updated since, has received international acclaim.

dirtywars1 photo credit - Jay L. Clendenin / Los Angeles Times)

Dirty Wars: The World Is A Battlefield

The new documentary “Dirty Wars: The World Is A Battlefield” is an unique look into the covert wars brought by the United States. The film follows investigative reporter Jeremy Scahill into Afghanistan, Somalia and Yemen and analyzes expanded US drone warfare and the foreign policy that has allowed this destruction to take place. The film’s director Rick Rowley and Scahill went into these covert war zones to speak with families about the what they’ve seen and bring those stories back.  As we’ve reported on Law and Disorder, the Obama Administration has continued to normalize the Bush Administration policies by empowering the Joint Special Operations Command and the use of drones.

Rick Rowley:

  • The film is about the global covert war on terror.
  • Jeremy and I have war reporters for over a decade. I became a war reporter because I thought the global war on terror was the most important story of our generation – killed hundreds of thousands of people cost untold billions yet most of it was unfolding in the shadows.
  • Around the world today there are dozens of wars being fought in our name but without our knowledge and meaningful oversight.
  • When we started shooting this film we thought it was a film just about Afghanistan. What we were seeing is the covert war in Afghanistan was eclipsing the covert war.
  • More Afghans are killed and captured by covert units than by the entire 100 thousand strong NATO force that’s there.
  • So we began to film to see what was up behind that.
  • This is a unit that initially amounted to a few hundred guys who’s supposed to the most high level strategic missions, hostage rescue missions. If a nuclear weapon is stolen from the Ukraine they’d go and recapture it. That’s what they’re supposed to do.
  • They’re doing 15-20 raids a night across Afghanistan, thousands of raids a year, going after mid level Taliban field commanders.
  • The entire war is being fought by this clandestine group that wasn’t really built for this operation.
  • We started to trace where JSOC was operating, that brought us to Yemen, and Somalia. Under the AQNX order, JSOC was authorized to operate in 26 countries clandestinely. Now under Obama 78 countries.
  • I was staggered by the massive scale of this, the wholesale assassination machine.
  • Current kill lists: It’s a permanent cycle of violence that’s being managed around the world.
  • We interview Ron Weiden from the Senate Intelligence Committee. He’s a guy who’s trying to push for more disclosure and transparency in the Senate, but the entire time there’s a lawyer an aide inside the office who has to keep stopping him.
  • There are secret interpretations of laws that exist on the books but would be shocking to the American people if they knew about them.
  • We knocked on so many doors of night raids in Afghanistan, families shared stories with us of the most painful time in their life.
  • They think that if the American people could only hear their story and their story were proven to be true, that somehow it would matter and make a difference.
  • When we started this film 3 years ago, WBAI was talking about drones and kill lists, but it took until 6 months ago for that to work its way to editorial page of the Times and the Post.
  • I’ve been a war reporter for more than a decade.
  • Jeremy got on camera a number of whistle-blowers who are former operators or parts of JSOC, CIA people who are saying these kinds of discussion about blow back are happening inside their institutions.
  • A lot of them talk about this as “mowing the lawn” the jihadists, insurgency will rise up and you go and chop it off but the grass will rise again.
  • That’s permanently managing a level of acceptable chaos and violence. This war remains secret for a reason, that if everyone knew about it there would be a popular outrage.

Guest — Rick Rowley, is a director and cinematographer. Over the course of fifteen years, Richard Rowley, co-founder of Big Noise Films, has made multiple award-winning documentary features including Fourth World War and This Is What Democracy Looks Like. His shorts and news reports are also regularly featured on and commissioned by leading outlets including Al Jazeera, BBC, CBC, CNN International, Democracy Now!, and PBS. Rowley is a co-founder of the Independent Media Center. Rowley has been a Pulitzer Fellow, Rockefeller Fellow, a Jerome Foundation Fellow, and a Sundance Documentary Film Program Fellow.

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