Civil Liberties, Criminalizing Dissent, Gaza, Human Rights, Targeting Muslims, Truth to Power, War Resister
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The Irvine 11 Case
In what appears to be a growing government trend of prosecuting outspoken supporters of Palestine, 11 Muslim students were arrested for disrupting a speech–in this case that of the ambassador to the United States, Michael Oren. The incident took place last year on the campus of the University of California at Irvine. The local District Attorney claims that the students had no right to disrupt the event, charging them with conspiracy to shut down the ambassador’s speech, even though he was able to complete the speech. Supporters claim that the Muslim students’ actions are protected by the first Amendment, and that are being charged for being vocal critics of Israel.
Defense attorneys claim that the District Attorney has acted irregularly, first by using an investigative grand jury to look into felony charges, even though the students were charged with two misdemeanors. Second, in the course of the investigation prosecutors obtained vast personal electronic records from Google and Hotmail; they then released some of these documents to the media in what appears to be an attempt to influence public opinion against the 11 students.
Attorney Daniel Mayfield:
- As far as disruptions go it was about the most peaceful you could imagine. Michael Oren is invited to speak on campus, it is a hybrid event. Partially sponsored by off campus organizations and off campus organizations.
- When Mr Oren begins to speak say for a minute or two, the first of the 11 defendants stands up to interrupt him to make a statement about Gaza.
- That person then walks to the edge of the auditorium and submits to an arrest and is removed from the auditorium.
- There are roughly five law enforcement groups present. Campus police, Irvine police, county sherrifs, secret service agents, Israeli agents.
- There’s a lot jeering and clapping on both sides. This happens 11 times.
- After the 11th student stands up, all of the students that are opposed to Mr Oren stand up, start a chant and they leave. Mr Oren then finishes his speech.
- The students are disciplined, the Muslim Student Association at Irvine is ordered off campus for 6 months. By June 2010, everyone thinks the case is over.
- In December of 2010, the District Attorney of Orange County, they convene a Grand Jury.
- Under California law you can only convene a Grand Jury when investigating a felony. They claim they’re investigating a felony. In the affidavits to the judge they swear under penalty of perjury that they’re investigating a felony.
- They call witnesses to this Grand Jury, when they’re challenged, they tell the judge they’re investigating a felony. Then the Grand Jury doesn’t issue an indictment.
- An investigative Grand Jury, not that different from what’s happened in Chicago.
- So the DA has amassed, all of this material, they’ve gotten phone records and email messages.
- They asked Google, Hotmail, Gmail, all of those to turn over the emails and they do. Thousands and thousands of emails, 10 CDs.
- I don’t believe the District Attorney is going to drop these charges. They’ve dumped roughly half a million dollars into this case.
- At this point they’ve assigned 3 deputy attorneys, including 2 of their primary homicide DAs. Pulled off of homicide to work on 2 misdemeanors.
- Our goal is to win this case on motions. Because that meeting was political because poltiical meetings are excluding from the penal code section that we’re interested in here.
- We believe that we can win this case, by arguing on the law before the judge, that they don’t have the right to proceed. The speech by Michael Oren was thought of as a response to the organizing around the Boycott, Divestment, Sanctions work.
Guest – Attorney Daniel Mayfield, one of the attorneys on the legal defense team and co-author of the motion and a National Lawyers Guild member.
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Boycott, Divestment, Sanctions – The Global Struggle for Palestinian Rights by Omar Barghouti
The boycott, divest, sanction movement was launched in 2005. It calls upon conscientious citizens of the world to shoulder the load of responsibility of holding Israel accountable to international law and principles of human rights. The BDS movement urges those citizens to support 3 basic rights. UN sanctioned rights of the Palestinian people, ending the 1967 occupation, and ending the system of racial discrimination in Israel, the right of return of refugees in accordance with UN resolution 194.
In boycotting, corporations and countries around the world are urges to stop buying products that support Israeli infrastructure such as Loreal, Motorola, Caterpillar, and many more. Sanctions, would target those companies exporting to Israel and applying tariffs or trade barriers. Divest or disinvestment, a call to divest from companies, institutions and universities that support Israel’s occupation and lobby power. Co-host Michael Ratner interviewed independent Palestinian commentator and human rights activist Omar Barghouti in the middle of his book tour.
Omar Barghouti:
- The BDS movement was launched in 2005 which calls upon conscientious citizens of the world to shoulder the load of responsibility of holding Israel accountable to international law and principles of human rights.
- The BDS call urges to support 3 basic rights. UN sanctioned rights of the Palestinian people, ending the 1967 occupation, ending the system of racial discrimination in Israel, the right of return of refugees in accordance with UN resolution 194.
- 80 percent of Gazans are refugees. According to International law, they have the right to go back home.
- We look around and look at how International law is being applied in other situations.
- Jewish communities are reclaiming properties stolen by the Nazis or by their collaborators all over Europe.
- Only when it comes to Palestinian refugee rights does it become a demographic threat to Israel.
- There’s some divine right given to Israel to maintain an ethno-centric state, at the expense of applying International law.
- Palestinians of Israel are not considered nationals of Israel. Israel is the only country on Earth that has this two tiered system of nationality. You’re only a national if you’re Jewish.
- Any Jewish person from New York can go tomorrow and can become a national immediately.
- Palestinians in Israel, citizens of Israel, can’t buy, rent or live on about 93 percent of the land.
- Israel’s discrimination acts like a set of sieves, that have finer and finer holes as you move up towards college, filtering out more Palestinians so you have a very small percentage on top.
- Because Palestinians can vote becomes a form of tokenism, when you discrimination in land, jobs, everything.
- Israel is losing the veneer of sophistication and nuance. It’s becoming a brute form of apartheid.
- Loyalty Oath.
- Israel has lost the battle for hearts and minds and its resorting to bigger sticks.
- BDS, in less than six years we’ve achieved more than our comrades in South Africa that lasted 20 years.
- In a study of Israeli academics who had stood up against the occupation: hundreds of academics in a community of 9 thousand have done anything public against the occupation. BDS is not a political party, its not an ideology.
- Those who think they can decide for the Palestinians what our basic rights are, ignoring International law and basic principles of human rights, are racist. BDS is a living movement that is growing tremendously.
Guest – Omar Barghouti, the founding member of the Palestinian Campaign for the Academic and Cultural Boycott of Israel and the Palestinian Civil Society Boycott, Divestment and Sanctions (BDS) campaign.
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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, Gaza, Human Rights, Targeting Muslims, Torture, Truth to Power, War Resister
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The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict.
It’s been more than 2 years since Israel’s Operation Cast Lead, a massive surprise air strike against the Gaza Strip. In its aftermath, researchers began to unearth and document evidence of war crimes, human rights violations. Among those investigations was the Goldstone Report officially titled the Report of the United Nations Fact-Finding Mission on the Gaza. The report is based on a course of investigations that include 188 interviews, the review of 10 thousand pages of documents and the inspection of 1200 photographs. While most war crimes reports fade into the night, The Goldstone Report is kept alive in a recent book titled The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict.
The authors Lizzy Ratner, Adam Horowitz and Philip Weiss have reprinted the central findings of the report and include 11 essays chronicling the report’s ongoing impact. The introduction is written by author Naomi Klein with a forward by Archbishop Desmond Tutu.
The Goldstone Report:
- LR: Operation Cast Lead: I remember thinking, can this just happen? Is there some kind of law that says this can’t happen? Judge Goldstone is South African, he was a member of the Constitutional Court in South Africa. He is seen as someone who really advanced international law.
- He’s a big Zionist. He’s a committed Zionist. In Israel, they loved him before this report.
- He was fast friends with the head of the Supreme Court in Israel.
- He goes to Gaza in 2009. It’s interesting he remark that thought that he would be kidnapped by Hamas. I think what happened, he went and he saw what life was like in Gaza, and had a bit of a conversion.
- This is not somebody you would expect to come out and issue a report like this.
- Our mission was there’s this report out there, it’s controversial, thunderous, it’s convulsive. Not many people have read it. Once we read it, it became clear, it’s contents were extraordinary.
- It lays out the events of Gaza in minute and devastating detail. We wanted to abridge the report and that really forms the core of the book.
- We have a series of 11 different essays. Each take for the Goldstone Report with a different perspective.
- PW: The first and last essays are from Gazans.
- It’s explained in very vivid terms what it’s like to be under assault, to see white phosphorous raining down on this strip, which is tiny, it’s the size of Martha’s Vineyard and Nantucket put together. 1.5 million people.
- Rogi’s thesis just itemizing this assault on Palestinian dignity, saying this is a basic human right, to live in dignity.
- Goldstone: Lack of discrimination between civilians and combatants. A deliberate attack on the civilian infrastructure on the means of life. Israel had several recourses before it launched an all out assault on civilian infrastructure.
- The Goldstone Report contradicts what Israel tends to say. One of things the report makes clear is there had been a cease fire for 6 months before the attack.
- United States – We’re not going to stop you Israel when you inflict collective punishment on 1.5 million people.
- This book really helps give a window into the current perception of the Israel, Palestinian conflict as a whole and how that perception is changing.
- AH: The anti-Goldstone report speeches were very uninformed. They treated him like a witch and ex-communicated him from the Jewish community. Goldstonereportbook.com
- The criminality, the complete selfishness, the utter indifference to other peoples lives.
- I realize how much I was made to hate Arab people and Palestinian people and to think that they were lesser.
- Everything you’ve heard was wrong about them.
- At the heart of it, the Goldstone Report tells the story of people who had to live through a horribly traumatic event. You won’t be able to dismiss 1300 people being killed as people that should have died.
- LR: Stop it Jewish people, you’re doing the wrong thing, you’re behaving in an immoral, unethical way and its wrong. Any human should be offended from what happens in Gaza and what still happens there.
Guests – Lizzy Ratner, Adam Horowitz and Philip Weiss
Lizzy Ratner a journalist here in New York City, her articles appear in many publications including The Nation and Alternet.
Adam Horowitz is an editor and journalist covering American foreign policy in the Middle East, he co-edits the blog Mondoweiss and is a founding member of Jews Against the Occupation.
Phil Weiss, founder of the blog Mondoweiss, is a longtime journalist and regular contributor to the Nation and a fellow at the Nation Institute He’s the author of two books a political novel, Cock-A-Doodle-Doo, and American Taboo, an investigative account of a 1976 murder in the Peace Corps in the Kingdom of Tonga.
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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.
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Gaza, Green Scare, Human Rights, Prison Industry, Surveillance, Truth to Power, Uncategorized
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Lawyers You’ll Like Series: Mara Verheyden Hilliard Part II
Today we’re joined by attorney Mara Verheyden Hilliard co-founder of The Partnership for Civil Justice Legal Defense & Education Fund in the second part of our Lawyers You’ll Like series. Mara and her partner Carl Messineo have worked to defend and advance fundamental civil, constitutional and human rights secured by the U.S. Constitution and under law. We talk about her work, and criminalizing dissent, surveillance, data mining, and FBI harassment. A lot of Mara’s work is at the intersection of first and fourth amendment rights, such as the assault on free speech, assembly and misuse of datamining tools. The Partnership for Civil Justice has many victories, and recently a settlement was reached in a class action lawsuit about the illegality of the arrests of approximately 700 protesters and other persons on Saturday, April 15, 2000 in Washington, D.C.
Attorney Mara Verheyden-Hilliard:
- I co-founded the Partnership for Civil Justice in 1994 with Carl Messenio. We decided we wanted to do this work specifically, Constitutional rights, civic justice, public interest litigation.
- We began this work right after we left law school. We undertook some of the longest running protest cases that we had, in particular, the recently settled class action from the April 2000 mass arrests.
- I grew up in Washington DC and I spent my childhood going to civil rights demonstrations, anti-war demonstrations, having our house filled demonstrators. Both of my parents are deeply political people who care very much about civil rights, liberation struggles and womens’ rights.
- The core of the work we do we recognize as the underlying social justice movement.
- The municipalities, the governments, they want these cases to go on as long as possible, they want to fight a war of attrition, because they want plaintiffs to feel they have to take toothless settlements.
- The fact is the law has changed in DC, we’ve changed the way police operate. They can’t use these tactics, these tactics we took apart piece by piece have been removed from the arsenal of the police department in DC.
- The DC police can’t use the trap and detain tactic, they can’t hold people, they have to release them within 4 hours now. They can’t use the wrist to ankle handcuff mechanism against people anymore.
- Police need to have their badges plainly available and visible, they can’t come out in riot gear to first amendment assemblies. Now we’re seeing this effort (FBI) against solidarity activists with the raids and subpoenas. I think it is outrageous, and baseless for the government to be coming in and targeting people for solidarity work.
- It’s also reflective of the huge security apparatus that was put in place under Bush and is being accelerated under Obama. Those beliefs, that hope, that thought, that you can change the direction of the country that you live in, is absolutely true.
- All you gotta do is look at the past history of the United States, all 150 years.
- Recognize that it’s no fault to hope and to think that an elected official is going to do it, but historically the elected official has never been the one to do it.
Guest – Constitutional Rights Attorney Mara Verheyden Hilliard co-founder of The Partnership for Civil Justice Legal Defense & Education Fund. Mara Verheyden-Hilliard is an activist, Constitutional Rights attorney, and the cofounder of the Partnership for Civil Justice. She is also co-chair of the National Lawyers Guild Mass Defense Committee.
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United States Plays Down UN Report on the Gaza Flotilla Attack
A United Nations fact finding mission into the May 31, 2010 Israeli lethal attacks of ships traveling to Gaza, has reported that Israeli forces violated international law, “including international humanitarian and human rights law.” Eight Turkish activists and one Turkish-American were killed in the raid on board the ships attempting to break the Gaza blockade. The UN Human Rights Council’s investigation judged Israel’s naval blockade of the Palestinian territory to be “unlawful” because there was a humanitarian crisis in Gaza at the time. However, the United States criticized what it termed as the report’s “unbalanced language, tone and conclusions.”
The Center for Constitutional Rights, the Free Gaza Movement and the National Lawyers Guild responded to the report and the comments made by the United States at the Council
“Unfortunately, the United States used the opportunity of the Human Right Council’s discussion on the flotilla fact-finding mission’s report to promote its political agenda instead of engaging on the issue of legal accountability for Israel’s illegal blockade of Gaza and the unlawful attack on the Gaza flotilla,” said CCR attorney Katherine Gallagher. “The U.S. must recognize that there can be no peace without justice, and that until it supports accountability for violations of international law–even when violations committed by Israel – instead of a culture of impunity, it lacks the legitimacy necessary to serve as a broker of peace.”
Attorney Katherine Gallagher:
- There were 6 civilian ships and their goal was to both bring humanitarian aid to Gaza which has been under a Naval blockade by Israel for the last 4 years as well as to challenge the legality.
- The United Nations back in June 2010 set up a fact finding mission. The 3 commissioners traveled to London, to Geneva, Istanbul and Jordan to interview passengers. They met with legal experts and others to analyze the evidence they heard.
- The UN fact finding report was submitted last week, 56 detailed pages of what precisely happened that night on those ships on the night of May 31. It was concluded that the blockade is illegal under international law. It found that the 6 ships traveling to Gaza to break the blockade presented no imminent threat to the Israelis.
- The 3 commissioners have experience in international law matters. One had been a judge on the international criminal court. Their conclusions are grounded in law and not political conclusions. They were peaceful protesters preparing for an attack on the ship.
- It’s hard to see what they find as unbalanced. I think the report is carefully written, it’s cautiously written beginning with an analysis of its own mandate. Turkey very much welcomed the report.
- The bulk of the passengers were detained in Israel, at detention sites that had already been established.
- Confiscated property consists of cameras, computer chips, video equipment. It contains electronic equipment that provides first hand evidence of the flotilla passengers activities and then the attack on the ship.
- In the past 4 months Israel has been in possession of that material.
Guest – Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights, where she focuses on holding individuals, including US and foreign government officials, and corporations, including private military contractors, accountable for serious human rights violations. Among the cases she is working on are Arar v. Ashcroft, Matar v. Dichter, Saleh v. Titan and Estate of Atban v. Blackwater.
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Post Coup Honduran Human Rights Crisis
A human rights crisis continues to get worse in Honduras, more than a year after the June 28, 2009 military coup. People on the front lines that oppose the regime installed after the coup are beaten and illegally detained by the state. Nectali Rodezno, Co-Coordinator of National Front of Lawyers in Resistance Against the Coup in Honduras is among the lawyers dircectly involved in defending those are being abused and whose lives are on the line everyday. To inform people about the ongoing crisis in Honduras, there will be a speaking tour this fall called JUSTICE IN HONDURAS: Witness for Peace Mid-Atlantic Fall Speakers Tour will be November 1 – 22.
Attorney Pam Spees:
- From that moment on you began to see alot of repressive tactics immediately after the coup.
- Immediately, leaders of that resistance were being targeted. There were several key people who were killed in aftermath of the coup. Walter Trochez was a key LGBT activist who was targeted and killed in a very brutal way. You also saw the targeting of labor leaders. The killing continue even in this new de facto administration.
- In March you saw the targeting of journalists. In that month alone, 8 journalists were killed.
- The Honduran judiciary were taking certain steps before the coup to help undermine Zelaya and what he was doing. We’re still learning about how much of this was driven by official US policy.
- Before the coup we had the financial crisis in the US that was effecting food security which was making it difficult everywhere. Zelaya was trying to buffer the Hondurans against this. One of the things he did was raise the minimum wage. He raised it and tied it to the food index.
- The Bolivarian Alliance for the Peoples of Our America
- On June 28, the Honduran resistance has set up its own truth commission, The Alternative Truth Commission. The International Criminal Court is an actor and could investigate and potentially prosecute some of these acts.
- In the US we have the Alien Tort Statute. It’s a very old law that allows non-citizens to bring suit in US courts for violations of international law.
- The courage show by all sectors of this resistance is just incredible. www.resistenciahonduras.net
Guest – Pam Spees, senior staff attorney in the international human rights program at the Center for Constitutional Rights. She has a background in international criminal and human rights law with a gender focus, as well as criminal trial practice.
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Civil Liberties, Gaza, Habeas Corpus, Human Rights, Targeting Muslims, Truth to Power
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Holy Land Foundation Case Update
Hosts talk with Noor Elashi, Noor is the daughter of Holy Land Foundation prisoner Ghassan Elashi. Ghassan is currently being held in the Communications Management Unit in Marion, Illinois and has now had his visitations canceled. Noor says visitations have been cruelly obstructed by a Texas prison guard while at the prison in Seagoville Texas in October 2009. Noor’s brother Omar is 9 and has Down’s syndrome, during a visitation, Omar ran up to his father to give him a hug and the guard says “What Mr. Elashi, you think you’re an exception?” After the visit, the guard filed a complaint against Ghassan for not following instructions. The same prison guard during Thanksgiving that year, prevented his sons from entering the room during a visit. Ghassan called the guard evil and compared him to a guard at Abu Ghraib. The guard filed another complaint. After an internal investigation, Ghassan’s visitations were banned for 6 months. The visitation doesn’t usually apply when an inmate transfers to another prison, but when Ghassan was transferred to the CMU in Marion, the visitation ban was upheld. www.Freedomtogive.com
As many listeners may know, Holy Land Foundation was the largest Muslim charity in the United States, the Bush administration shut it down after the September 11th attacks, and arrested five people from the charity. During the trial, the prosecution used unrelated video of suicide bombers to emotionally sway the jury.
Noor Elashi:
- Book in progress: Eyes Like My Father, A Daughters Narrative of Displacement
- Father was sentenced to 65 years in prison for giving material support in the form of humanitarian aid to Zakat committees – Palestinian charities in the West Bank and Gaza, that prosecutors were alleging were fronts for Hamas.
- These are the very same Zakat committees that USAID, the Red Cross and UN NGOs were giving money to.
- The Holy Land Foundation, co-founded by Ghassan Elashi, was the largest charity in the US until the Bush Administration with an executive order shut it down 3 months after 9/11.
- The material support law is a very flawed law and singles out Muslim charities and with the recent upholding of the material support law by the Supreme Court, I feel that Americans are at risk.
- There were 2 trials (for Ghassan Elashi) the first in 2007 which looked at the Zakat committees. Jury deadlocked on most counts against the HLF. The prosecution showed the jury scenes of terrorism, buses being blown up expecting the jury to be prejudiced by seeing this and convict Ghassan Elashi, and they didn’t.
- In the second trial, the prosecutors were more aggressive, the defense attorneys, families and civil libertarians around the world were flabbergasted, when the jury delivered all guilty verdicts after 9 days of deliberation.
- Trials took place in Dallas, Texas. Ghassan Elashi, Noor’s father and the CEO of the Holy Land Foundation recieved a 65 year sentence. Other fund raiser reps were sentenced between 15 and 20 years.
- Ghassan Elashi currently in a CMU – Communications Management Unit in Marion, Ilinois – termed “little Guantanamos.”
- As far as visitations go, those in and of themselves are cruel and unusual punishment because you travel all that way and you can’t touch, there is a plexi-glass between you and its monitored live in Washington DC.
- Four of the defendants are being held in CMUs, 2 in Marion, Illinois and 2 in Terra Haute, Indiana.
- My father is hopeful and optimistic, he does yoga and pilates, reads the Quran.
- It was New York Senator Chuck Schumer who co-authored the anti-terrorism law in 1996 that strengthened the material support provision.
- I’m the eldest of 3 boys and 3 girls. It’s a double tragedy, these convictions that were made possible by “fear” in the courtroom and the 65 year sentence. Appeal: they have until August 3 to file briefs.
- Humanitarian Law Project Supreme Court Case upheld the material support provision.
- During both trials, the prosecutors brought in an anonymous Israeli intelligence officer who testified under a fake name. He said could smell Hamas.
- During the testimony, the court benches were cleared except for the family.
- Michael Ratner: After 9/11 they made it extremely dangerous to give money to Muslims anywhere in the world.
- Everybody is at risk at this point, even Jimmy Carter
Guest – Noor Elashi, the daughter of Holy Land Foundation prisoner Ghassan Elashi. She is a writer based in Dallas, Texas. After receiving a Bachelor’s degree in journalism from the University of North Texas, she worked for the Fort Worth Star-Telegram. In July 2008, she won the 3rd place Mayborn Literary Nonfiction Award for her manuscript titled “Displaced,” which she plans to expand into a memoir about the displacement of three generations of Palestinians: her grandmother, father, and herself. She can be reached at noorelashi@gmail.com.
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Austerity: Why and for Whom? – Rick Wolff
We are very pleased to have with us Professor Rick Wolff to update us on where we’re in this ongoing global capitalist crisis. Austerity has appeared in the titles of many recent articles on the global capitalist crisis. What is it? Rick Wolff writes in his article titled Austerity: Why and for Whom? the efforts to broaden the recovery beyond one year have failed and that failure has cost Washington trillions in borrowed funds from lenders. Those lenders now demand guarantees that those loans will be repaid to them with interest. The guaranteed demanded by lenders is “austerity.” To collect this austerity, the banks (lenders) want governments to raise taxes or cut government spending or both. Economic Recovery for the Very Few by Rick Wolff. An extreme burden imposed on the global economy. Rick asks, Why not collect austerity from tax exempt multinational corporations, churches and private institutions?
Professor Rick Wolff:
- Governments around the world borrowed enormous amounts of money, never seen before surge of borrowing. The urgency of the second impending crisis of capitalism, the second major collapse of capitalism in 75 years was so intense, the terror in the ranks of business was so complete, that nobody stopped to worry, just lend us lots of money, take toxic assets off our books and so on.
- Suddenly, the creditors who are lending to the governments are beginning to get nervous. They’ve been going to the governments and saying we don’t want to be stuck with a debt that your people might not pay back.
- Lenders: You either have to raise taxes on your people, save it and put it into a special account which will only be used to pay us interest on the principle or you cut your programs, your public services and put that into the same account.
- The name of the government’s response to the demand of its creditors is “austerity.” Imposing on society a severe regimen of rising taxes, or cut government spending to please and satisfy creditors.
- Yale, a multi-billion dollar corporation with billions of annual income, pays no taxes. Rather than increase the taxes of individual persons, why don’t we do what should have done long ago.
- Take a look at California, they’re laying thousands and thousands of state employees.
- No Economic Crisis: Annual world wealth report, the income of the top wealthiest people 2009 rose 17 percent.
- Banks are the buyers of government debt. The bankers produce a crisis, the government bails them out. The government borrows from the banks to bail them out. The bankers know there is popular opposition.
- French action against austerity: trade unions organizing general strike which will close everything in September in France. Will the pressure rise within US politicians to re-negotiate this debt?
- The state of Oregon, the democratic party controls both houses of legislature. To pay for the 700 million dollar gap over a 2 year period they raised taxes on business and wealthy people.
Guest – Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program in International Affairs of the New School University, New York City. He also teaches classes regularly at the Brecht Forum in Manhattan.
