Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Political Prisoner, Surveillance, Targeting Muslims, Torture
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Update:
- Michael Smith: Newt Gingrich Attacks Capitalism
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Occupy Wall Street Parody Papers Spark Legal Action From Big Newspapers
Occupy Wall Street Newspapers such as The Occupied Wall Street Journal or The Occupied Chicago Tribune have prompted lawyers to take Occupy protesters to court. In Chicago, a law firm is attempting to prevent the OWS movement from using The Occupied Chicago Tribune. We’re joined today by attorney Michael Deutsch with the People’s Law Office who has been involved with this issue in Chicago.
Attorney Michael Deutsch:
- The Chicago Tribune contacted some of the OWS people and threatened to shut down their website and facebook page and to go into federal court and sue them for trademark infringement.
- They said the word “Chicago Tribune” is a trademark that belongs solely to the Chicago Tribune and no one else can use it for any purpose or any way.
- Even if they do sue them I think the publicity not be good for the tribune and good for the occupy people.
- There is the Lanham Trademark Act that protects them from people appropriating them.
- There’s also this Dilution Act which prevents people from using or diluting their trademark by using it some unnecessary or dismissive way.
- When the people of Occupy were first contacted they were fearful of being sued by the Chicago Tribune.
- They offered to change it to the Occupy Chicago Times but they turned it down and said you can’t use any name that references a newspaper.
- With Peter Weiss’s help we realized this is a classic parody case, that’s basic First Amendment rights.
- The law isn’t that clear but the courts usually balance whether there will confusion of the name against First Amendment rights.
- In their masthead they’re now saying they’re not affiliated with the Chicago Tribune Corporation.
- Their website is still up, facebook is still up, they haven’t gone to court, so maybe they realize for us its a win / win situation.
- If we go to court we’re going to win on the legal grounds, plus we’re going to get a lot of publicity.
Guest – Attorney Michael Deutsch, partner with the Peoples Law Office.
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Inside the CIA Black Site in Bucharest
Reporters for German network ARD’s Panorama news magazine and the Associated Press have pieced together key details surrounding the CIA’s operation of a black site in Bucharest, Romania. AP’s Adam Goldman and Matt Apuzzo write:
In northern Bucharest, in a busy residential neighborhood minutes from the center of Romania’s capital city, is a secret that the Romanian government has tried for years to protect. For years, the CIA used a government building — codenamed Bright Light — as a makeshift prison for its most valuable detainees. There, it held Al-Qaida operatives Khalid Sheik Mohammad, the mastermind of 9/11, and others in a basement prison until 2006, the year some were sent to Guantánamo Bay, according to former U.S. intelligence officials familiar with the location and inner workings of the prison.
John Goetz:
- We’ve had a description of the CIA site, which is where one of the secret prisons were located.
- We had a description from some that worked there.
- The prison we’re talking about was used by the CIA in 2004 / 2005.
- The CIA secret prison was held in a Romanian government organization which gets called either ORNSS or NSA.
- It’s an organization that is used to get Romania up to speed on NATO classification rules.
- It’s a building that has a big NATO flag on top of it.
- In the back section of the building is where the secret prison was located.
- What I understand is that in Poland, when Bush came over, right after the beginning of the Iraq War.
- When they didn’t find weapons of mass destruction, he was there in May and early June 2003.
- We know that Al-Nashiri in his various times in CIA prisons, that his family members, I believe his mother was threatened with rape. He was water boarded, a drill was used on him.
- There was a mock execution, things like that. We’re not exactly sure what happened in Poland and Bucharest.
- There’s a little known site in Bosnia, that was used in days and weeks, right after 9-11.
- In Bagram, there’s a military prison there and there’s a CIA prison.
- I do know that in Africa there are prisons that run under a new model, where the state runs the prison and is quarterbacked, is the expression that’s used by the CIA who asks questions through others.
- It makes it easier to deny. Many people think . . .oh, the secret prison story is over.
- The facts are that outside of flight logs and some locations of prisons, no one really knows what happens inside these places.
- No one knows how they were run, no one knows perimeter security, how food was brought in, it remains a real black box in American history.
Guest – John Goetz, reporter with the German network ARD’s Panorama news magazine.
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70th Anniversary of the First Smith Act Prosecution: Proto-Thought Crime Legislation
This year marks the 70th anniversary of the first Smith Act trial of revolutionaries accused of wanting to overthrow the government. The law was intended to destroy the 100,000-strong American Communist Party however, the Smith Act was first used against the much smaller, revolutionary rival to the Communist Party, the Socialist Workers Party. Our returning guest, author and activist Joe Allen writes about this 70th anniversary. The Alien Registration Act of 1940 is also known as the Smith Act after its sponsor Rep. Howard Smith of Virginia, a Democrat and leader of the anti-labor bloc in the House of Representatives. The Smith Act became the legal weapon against critics of the government and stipulates that:
Whoever organizes or helps or attempts to organize any society, group or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group or assembly of persons, knowing the purposes thereof–
Shall be fined under this title or imprisoned not more than 20 years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
Joe Allen:
- For many people in the United States, the defense of civil liberties, has always been an important and constant feature of our history and most of that time the defense of civil liberties has not been primarily against vigilantism, or rogue elements of the government or corrupt public officials. While that’s an important part of that, it has always been dealing with the actual laws that have been attempting to undermine civil liberties most of the time they’ve been federal laws.
- You can go back to the Alien Sedition Act of the Adams Administration, the Espionage Act of WWI. They were always used against opponents of the government and not spies as they were sold to people.
- James Canon was one of the most important figures in American Socialist history, his life traverse the history of the American far left.
- He began in the IWW. The radical militant trade union that organized the most oppressed sector of American workers.
- He was a founding member and later a national chair of the American Communist Party. Like many Wobblies and members of the Communist Party he was very concerned of the civil liberties of radicals and trade union organizers and was the head organizer of International Labor Defense in the 1920s.
- Canon developing a criticism of and his descent within the American Communist Party as the ILD moved away from its original mission and Canon himself to begin along with a number of significant figures of the American Communist Party and other people who sided with Trotsky in the dispute with Stalin over not only the Soviet Union also the International Communist Movement. He was the founder of early American Trotskyism in the 1920s and 1930s.
- It was the broad layer of people who were ultimately indicted under the Smith Act in 1941 primarily for advocating the overthrow of the United States government.
- Smith Act – Proto-Thought Crime Legislation
- It’s also in a sense a response to a dispute inside the labor movement.
- The first that a prosecutor tries to do is get a jury that is predisposed of the prosecution and not the defense.
- That’s one of the great travesties of the Smith Act, not only can you be indicted by the things you do but by the things you say.
- In that sense it really is a thought-control crime.
- The most important part of the Smith Act in this country is it effectively destroyed the left in this country during the late 1940s and the early 1950s.
Guest – Joe Allen, a frequent contributor to the International Socialist Review and a long-standing activist, based in Chicago.
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Civil Liberties, Criminalizing Dissent, Gaza, Guantanamo, Habeas Corpus, Human Rights, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Ten Year Anniversary of Guantanamo Bay Prison
Co-host Michael Ratner and president emeritus of the Center for Constitutional Rights gives listeners an overview of the habeas corpus legal battles to close Guantanamo Bay prison and an in depth look at the corrosive effect the offshore prison has had on civil rights, and the U.S. Constitution. Despite the fact that the U.S. government has itself cleared more than half of these men for release, and despite President Obama’s promise on his second day in office to close Guantánamo within a year, it has been almost twelve months since anyone has been released.
This is the longest period of time that has elapsed since the prison’s opening without a single person being set free.The Obama administration has also extended some of the worst aspects of the Guantánamo system by continuing indefinite detentions without charge or trial, employing illegitimate military commissions to try some suspects, and blocking accountability for torture.
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International People’s Tribunal on “War Crimes and Other Violations of International Law
International People’s Tribunal on “War Crimes and Other Violations of International Law” to be held on January 14, 2012 at 12 pm at Columbia Law School. The event will provide an excellent opportunity for students interested in gaining an understanding the theory and the practical application of international law in the real world.
Attorney Roger Wareham:
- The genesis of the tribunal began during the intervention in Libya.
- Back in May the December 12th movement always has a celebration of Malcolm X’s birthday, May 19.
- This is part an ongoing campaign to re-colonize the African continent.
- Libya was important to that for a number reasons. Libya has some of the best crude oil in the world that requires the least amount of production in terms of transforming it into gasoline.
- Col. Gaddafi stood for the proposition that there would be a United States of Africa.
- Libya had the highest standard of living on the African continent.
- What we hope to come out of this is fashion a petition to take before the International Criminal Court.
- The plan is we’ll going to take at least a 400 people strong delegation to the Hague in June to present a petition to the prosecutor, requesting they prosecute the heads of NATO, Britain, Canada, Italy, for war crimes.
- Saturday January 14, 2012 / Columbia University Law School / 435 West 116th Street / 718-398-1766 / iptribunal2012@gmail.com
Guest – Roger Wareham, lawyer and political activist of over four decades. He is a member of the December 12th Movement, an organization of African people which organizes in the Black and Latino community around human rights violations, particularly police terror. Wareham is also the International Secretary-General of the International Association Against Torture (AICT), a non-governmental organization that has consultative status before the United Nations.
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Cornell and The Technion of Israel To Build Campus On Governor’s Island
As many listeners may know, Cornell University is joining with Technion-Israel Institute of Technology in a plan to build a campus in New York City. Critics however, point out Technion’s involvement with the Israeli Defense Force in the development of repressive technology that would further perpetuate crimes against Palestinians. Through cooperative research with Israeli defense companies such as Elbit, Rafael, McGill and Concordia, Technion is involved in asymmetrical robotic warfare with faceless human targets who can be killed by remote control.
To talk more about this, we’re joined today by David Klein, a professor at California State University in Northridge and a member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel.
Professor David Klein:
- It is a collaboration between Cornell University and Technion which is like Israel’s MIT.
- There’s a 350 million dollar grant from a philanthropist, which has been supplemented with 100 million dollars in public money.
- I’m a member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel.
- The demands that we have are ending the occupation and colonization all Arab lands and dismantling the apartheid wall.
- Recognizing the fundamental rights of Arab / Palestinian citizens of Israel to full equality.
- Respecting and promoting the rights of Palestinian refugees to return to their homes and property as stipulated in UN resolution 194.
- Technion is deeply complicit with Israel’s military and provides the military with technology to carry out ethnic cleansing of Palestinians.
- Participants in a joint military and university program for science students, who will later be integrated into the Army’s research and development units, wear uniforms throughout their years of study.
- It’s particularly strong in developing robotic weapons systems, which include aerial drones, and unmanned combat vehicle technology.
- I think Bloomberg is supportive of the apartheid system in Israel. He wouldn’t view this as a problem like much of the rest of the world does.
- The crime of apartheid is an international crime against humanity.
- In addition to aerial drones, Technion makes the Black D9 Bulldozer, it makes the Stealth UVA Drone, which is a drone that can fly almost 3000km without refueling.
- It’s making something called the Dragonfly UVA mini-drone, which is a tiny drone with a 9 inch wingspan. It can fly into people’s bedroom windows and kill em.
- Technion is involved in asymmetrical robotic warfare with faceless human targets who can be killed by remote control.
- Israel is arguably the most racist country at this time, due to the apartheid system that it has.
Guest – David Klein, member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel (www.usacbi.org), and is a professor of mathematics at California State University, Northridge (CSUN). He received his Ph.D. in Applied Mathematics from Cornell University. His professional interests include mathematical physics, climate science, and mathematics education in the public schools. He is the faculty advisor for the campus student groups, Students for Justice in Palestine and the CSUN Green Party. David Klein’s website
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CCR Lawsuit: Stop and Frisk NYC
Last year, a federal judge rejected a move by the City of New York to stop a lawsuit filed by the Center for Constitutional Rights challenging the New York City Police Department’s Stop and Frisk policy. Judge Shir Scheindlin pointed out the seriousness of numerous claims that the NYPD disproportionately and illegally targeting communities of color. In 2009 New York City, a record 576,394 people were stopped, 84 percent of whom were Black and Latino residents — although they comprise only about 26 percent and 27 percent of New York City’s total population respectively. The year 2009 was not an anomaly. Ten years of raw data obtained by court order from the New York City Police Department (NYPD) show that stop-and-frisks result in a minimal yield of weapons and contraband.
Attorney Darius Charney:
- Stop and Frisk is a city wide epidemic. We’ve gone from 90 thousand in 2002 to 700 thousand this year. They’re stopping 2000 people a day, primarily young males of color but also females of color.
- There are really know criteria as far as we can tell. There are guidelines that have been laid out by the courts in the last forty years. The police don’t follow those guidelines. They’re suppose to reasonable suspicion of criminal activity.
- They’re stopping people for what’s called “furtive movements” whatever that means.
- The other one is “high crime neighborhood.” The court had ruled that this is unconstitional, you can’t use the basis of a high crime neighborhood to stop and search them.
- Yet again, the police are doing that hundreds of thousands of times a year.
- The two allegations we made is that the NYPD has a widespread policy and practice of stopping and frisking New Yorkers without reasonable suspicion which violates the fourth Amendment of the Constitution and then on the basis of race which violates the Equal Protection clause of the 14th Amendment of the Constitution.
- The blacker or browner that neighborhood is, the more stops that are going to be done in that neighborhood.
- The other part is the weapon recovery rate, the police department justifies this program by saying, we’re trying to get guns off the street.
- Last year in 2010, they stopped over 600 thousand people. The number of guns recovered in those 600 thousand stops was 1200 guns.
- Relief sought in class action suit: Outside independent oversight of the police department.
Guest – Darius Charney, senior staff attorney in the Racial Justice/Government Misconduct Docket. He is currently lead counsel on Floyd v. City of New York, a federal civil rights class action lawsuit challenging the New York Police Department’s unconstitutional and racially discriminatory stop-and-frisk practices, and Vulcan Society Inc. v. the City of New York, a Title VII class action lawsuit on behalf of African-American applicants to the New York City Fire Department which challenges the racially discriminatory hiring practices of the FDNY.
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Green Scare, Guantanamo, Habeas Corpus, Human Rights, Surveillance, Targeting Muslims, Torture, Truth to Power
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Updates:
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Medical Professionals Complicit In US Torture Policy
As many listeners know, health professionals were front and center and complicit in the US policy of torture. The torturers relied heavily on medical opinion. Medical professionals provided sanitizing and rationalization for the infamous torture memos. During water boarding procedures, a doctor would be present. Psychologists were directly involved in the supervision, design and execution of torture at US military and intelligence facilities. This is a violation of state laws and professional ethics. These “health professionals” that were involved with torture still hold their professional licenses to practice. Meanwhile a legal battle continues against the Louisiana Psychology Board for refusing to investigate professional misconduct allegations against Dr. Larry James. He’s a retired US Army Colonel and high ranking adviser on interrogations for the US military in Guantanamo Bay.
We talk more about this case and the breach of ethics in the medical profession since 9/11 with Dr. Stephen Soldz, former president of Psychologists for Social Responsibility. Stephen is a psychologist, psychoanalyst and public health researcher in Boston, he is also co-author of PHR’s report in Experiments in Torture.
Stephen Soldz :
- Psychologists played a central role, there were 2 professions, one was lawyers, the other less well known was psychologists. It turns out that it was psychologists that designed and implemented, the enhanced interrogation torture program, who monitored it, who trained others in it and who researched it and provided all the legal protection.
- It’s believed that it was psychologist James Mitchell who was present there, who was in charge.
- There’s the CIA program that was for so called high value detainees in CIA custody in various secret prisons called black sites. This is where the psychologists were central, they designed the whole thing.
- There was a black site at Guantanamo where a few people were held at various points.
- Guantanamo was technically under the military control, not CIA control.
- The CIA: like I said the psychologists designed this stuff, it was quite brutal. Forcing people to stand, shackling them up, with their arms out, naked in cold air. For 7 days at a time.
- Being forced to stand day after day is extraordinarily painful. Think about having to do that without using the toilet, with liquid food being forced into you. They at times used small boxes where a person could neither stand or sit.
- The boxes were banged on at times, they would throw people against walls, with special devices around their neck supposedly to protect them from permanent damage. There were various slaps that were authorized.
- The American Psychology Association has an ethics code and its binding on all members. Not all psychologists are members, but all the states base their own ethics code for licensed psychologists upon that of the APA, some mandate it exactly some adopt their own.
- The CIA and military insist that the psychologists that do this stuff be licensed by the state.
- Many of them are APA, so the APA ethics are intimately involved here.
- The APA equivocated and formed a task force. They said that psychologists had an obligation to keep interrogations, safe legal and effective. This language it turns out was taken from the Bush torture memos at the Justice Department. The task force was dominated by the military.
- They claim to be resolutely against torture, they make statement after statement. Psychologists shouldn’t be safety officers.
- In all 3 states, lawyers have joined my colleagues to force the APA board to do their job. The board doesn’t have the leeway to dismiss claims of torture without clearly investigating them.
- Larry James was a Biscuit 1 and later served at Abu Ghraib after the scandals there, he claims to have been the person who cleaned it up.
- He admits that he observed abuse by other people and didn’t report it to the commanders.
- He’s now out of the military and the Dean of the School of Psychology at Wright State University in Ohio.
- It’s rather sad, instead investigating what did or did not happen, they attack those who raise issues about Colonel James.
- Physicians For Human Rights / When Healers Harm
Guest – former President of Psychologists for Social Responsibility, Stephen Soldz is a psychologist, psychoanalyst, and public health researcher in Boston, and was a co-author of PHR’s report Experiments in Torture. He is the Director of the Center for Research, Evaluation, and Program Development at the Boston Graduate School of Psychoanalysis. He was Adjunct Assistant Professor of Psychology (Psychiatry) at Harvard Medical School, and has taught at the University of Massachusetts Boston, Boston College, and Boston University.
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Guantanamo Bay and Offshore Prisons
The Obama Administration has allowed the Bush policy to continue allowing for the practice of torture, rendition and secret prisons to continue. We talk about the ongoing practice of torture, secret sites and Guantanamo Bay. There are 3 groups at Guantanamo, the first is 2 dozen that are genuinely Al Qaeda. The second group shouldn’t have been there in first place, around 200 of them will be sent home. The third group are refugees who are from countries with horrible human rights records.
Attorney Vince Warren:
- What role do the people play in order to stop this? (wars) We are at war to make war is what the public has bought into. By using the war paradigm, the president seized power that belonged to Congress, seized power that belonged to the Courts and seized power that belonged to the people.
- You can’t be at war with the “concept” of terror.
- Prior to 9-11 when terrorism would happen. There was an investigation, an indictment, prosecution and if there was a case, they were to be convicted.
- As of 2011, more people in Guantanamo have died than have been referred for criminal charges.
- We shouldn’t fool ourselves into thinking that this was a genuine reaction to a tragic event.
- This aggressive war(s) that are based on lies, without any legitimate security threat, is a crime.
- The other piece since 9-11 is the interesting double speak. Torture and aggressive war become justifications since 9-11.
- The Bush Justice Department said that the law simply does not just apply to the President, when he’s acting as Commander In Chief. It doesn’t matter if Congress passed a law that we expect the President to be bound, the Justice Department said he could ignore it if it didn’t fit in to what he wanted to do.
- That led to the Bush lawyers counseling him that he could ignore a law that said torture was illegal or could ignore a law that says the government can’t wiretap without a warrant.
- President Obama talked very big about ending torture and about ending these policies.
- What is happening now in the United States is that local police forces, immigration forces, private contractors are colluding and conspiring to infiltrate political movements and largely peaceful political movements.
- – in order to “uproot the terrorist.”
- Course there are no terrorists there, what there are are people who have a very vibrant and credible claim.
- Myself and a number of other human rights people went to a meeting with President Obama in May 2009. I was shocked at how President Obama completely understood the legal issues we were raising.
- The very next day he essentially came out with a preventive detention scheme. An indefinite detention scheme in Guantanamo.
- What really troubled me is that he knows. He knows precisely what the right thing to do is.
- This thing is not going to fix itself. CCR Facebook – Twitter @theCCR
Guest – Attorney Vince Warren, Executive Director of the Center for Constitutional Rights, a national legal and educational organization dedicated to advancing and defending the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Vince oversees CCR’s groundbreaking litigation and advocacy work which includes using international and domestic law to hold corporations and government officials accountable for human rights abuses; challenging racial, gender and LGBT injustice; and combating the illegal expansion of U.S. presidential power and policies such as illegal detention at Guantanamo, rendition and torture.
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Afghanistan War, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Green Scare, Guantanamo, Habeas Corpus, Human Rights, Iraq Veterans, Iraq War, Political Prisoner, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Updates:
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The State of Perpetual War
Since September 11, 2001 the US global war on terror has reached beyond Afghanistan and Iraq. The US constructed the largest embassy ever in Baghdad to control the resources of Iraq. Meanwhile strikes against Pakistan, Yemen, and Somalia, led an air war against Libya without any Congressional authorization continue as pointed out by author Anthony Arnove. In his article titled The 10th Anniversary of 9/11 Arnove describes US foreign policy of preventive war and how the US continues to use drone strikes against Pakistan, Yemen and Somalia. Now other countries are adopting the preventive war idea to fight (quote) terrorism. Today, the Obama Adminstration has gone beyond the Bush policies as trillions are spent on perpetual war while schools, health care and social needs crumble.
Anthony Arnove:
- 911 was seized upon by the Bush Administration as an opportunity. Condoleezza Rice specifically used the word opportunity to describe the geo-political shifts that she saw occurring in the wake of 9-11.
- We’ve seen the invasion of Iraq, the invasion of Afghanistan, covert operations and Arab bombardment of dozens of countries. There’s an estimate now that this year the US will be operating in 120 countries in some capacity through use of commandos.
- You’ve seen increased troop levels in Afghanistan so that even with the current so called draw down of the troops in Afghanistan, even with the reductions that are currently being undertaken, we’re still going to be ahead of the number of troops that were in Afghanistan at the end of the Bush Administration.
- Withdrawal, the word no longer has any meaning. It actually means slight reduction of troops after they’ve been increased.
- There are 46 thousand active duty troops in Iraq. The claim is that those 46 thousand will leave at the end of 2011 after an agreement reached under pressure from social movements in Iraq.
- Then you look at the military installations that scatter the country, they’re not going to walk away from that easily.
- In Afghanistan, they’re literally talking about dates as far as 2024 in terms of troops on the ground involved in a number of capacities.
- I think Libya is truly an opportunistic action by the United States concerned its losing control in the middle east. You’ve had uprisings and revolutions that have toppled governments aligned with the United States.
- The US has been so contemptuous of the freedoms of people around the world. So contemptuous of democracy, so contemptuous of people fighting for self determination.
- So contemptuous of nationalist movements that would have put resources into the control of the people.
- The actions of the Bush Administration and now Obama have only made us more hated, and made the world more dangerous.
- They claim they’re making the world more safe, and protecting us. The reality is the opposite.
- At least Barack Obama will be more responsive to social movements, we’ll be able to pressure him. It is clear that is not the case, there has been a demobilizing of sections of the anti-war movement who define the political horizons as the debate between the Republicans and Democrats.
- The anti-war movement has been silenced.
- The people who most vociferously supported invading Iraq, claimed there would be weapons of mass destruction, all of those things we now know to be lies, those people are regularly asked to be commentators on Iraq and Afghanistan.
- Yet the people who got it right, saying this is what will happen if we invade, those people are never heard from.
- The gap between what the elite are doing and what they are saying, and what is in their interest and the interest of ordinary people has never been wider.
- On October 6, 2011, a number organizations have called for demonstrations in Washington DC and solidarity actions in other cities. On October 15 actions have been called for by the United National Anti-War Coalition. NationalPeaceConference.org
Guest – Editor and writer Anthony Arnove. He is best known for his books on Iraq and the Iraq War. Arnove is the author of the book Iraq: The Logic of Withdrawal, published in hardcover by the New Press and in paperback by Haymarket Books. Arnove toured the country promoting the book in spring 2006 as part of the New Press’ “End the War Tour”.
Arnove is also the editor of Iraq Under Siege, published by South End Press, the co-editor with Howard Zinn of Voices of a People’s History of the United States, published by Seven Stories Press, and the editor of The Essential Noam Chomsky, published by the New Press. He writes frequently for left-wing publications; he is a featured author at ZNet, a columnist for Socialist Worker, and on the editorial board of the International Socialist Review.
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The Guantanamo Syndrome
Attorney Michael Ratner:
- Pinochet’s Operation Condor was to round up opponents all over the world to torture and imprison them. This is now an American Operation Condor.
- AUMF and Military Order #1 allow the administration to use drones around the world. This is the key piece of legislation. Out of the AUMF came military order # 1, November 13, 2001. The president can arrest anybody, they can be kept anywhere, American citizen or not.
- From there flows the Guantanamo Syndrome. Habeas Corpus, a person who’s the prisoner of the executive can go to court and say put the executive on the defensive. Why am I being held? You have to have a legal basis.
- After many years of litigation representing this incommunicado people at Guantanamo, we ended up representing their parents or relatives, because we couldn’t represent them, the Supreme Court finally said, it’s a Constitutional right to go to court to test your detention. They said that about the people in Guantanamo in particular, they didn’t say that about the people in Baghram or other places.
- Once we won that right, the Bush Administration and the Obama Administration went into court and completely opposed that right having any meaning. It is really an unrecognizable world from what we had ten years ago.
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Audio Collage
- Surveillance State: The 51st State
- Targeting Muslims Since 9-11
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Civil Liberties, Criminalizing Dissent, Death Penalty, Guantanamo, Habeas Corpus, Human Rights, Political Prisoner, Torture, Truth to Power
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Cruel Solitary Confinement In Pennsylvania Prisons
Earlier this year the National Lawyers Guild called on Superintendent Louis Folino to support the Program Review Board’s recommendation to release Russell Maroon Shoatz into the general prison population at SCI Greene in Waynesburg, Pennsylvania.
Jerome Coffey, a political prisoner currently being held in Pennsylvania’s SCI Forrest. Jerome’s social work while in prison include sending clothes to villages in Uganda and to women prisoners in the Philippines. That work has labeled him an instigator and he’s been placed in solitary confinement for more than 5 and a half years.
Bret Grote:
- The Human Rights Coalition was founded by state prisoners at the State Correctional Institution in Greene, Pennsylvania in 2000. The Pittsburgh chapter where I work was founded in 2006-2007.
- The main mission of the Human Rights Coalition was to bring the voices of the most excluded from criminal, legal, criminal justice discussions, namely those of prisoners, their family members and effected communities.
- We base our work in building relationships with prisoners and to bring support and advocacy to those most impacted by the prison system and that has led us straight into solitary confinements where people’s lives are being micro-managed down to the most minute details.
- The justifications for solitary confinement shift from to another, it used to be based on escapes. Now that Russell Maroon Shoatz is approaching his 70th birthday, they’re claiming its because of his past efforts of organizing hunger strikes, and they cite an incident where he was forced to defend himself against another prisoner.
- In Maroon’s case he met with a prisoner mental health staff person because there was some movement towards releasing him from solitary confinement that ended up being blocked.
- This staff person told him there was an allegation that he tried to organize an armed prison uprising in the 80’s. This has been following him around for over 25 years in his file, but he has not been able to challenge this because he was not informed of this at all.
- He is not represented by legal counsel. He is ripe for representation under the 8th amendment clause of cruel and unusual punishment.
- The prison authorities typical treatment for somebody who is the restrictive housing unit is a cursory interview at the cell, maybe once every 30 days with a staff worker, which is to say they’re not really giving them effective mental health treatment.
- You spend 23 hours in the cell, maybe 24 if the guards don’t take you to yard or shower.
- The things that one may witness on the whole are constant screaming, banging, and yelling and crying and cursing and talking to one’s self by prisoners who are psychologically disturbed. According to the figures up to 2500 or 3000 prisoners can be in solitary confinement on any given day in Pennsylvania. The total prisoner population in Pennsylvania is 52 thousand.
- We are constantly looking for serious and committed civil and human rights lawyers to work with us. We have a massive body of evidence. The solitary confinement system is an invisible system inside of a larger invisible system of the prisons.
Guest – Bret Grote, law student and volunteer with the Human Rights Coalition, an organization bringing the voices of the most excluded from criminal, legal, criminal justice discussions, namely those of prisoners, their family members and effected communities. The HRC works to build relationships with prisoners and bring support and advocacy to those most impacted by the prison system.
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Andre Jacobs
Andre Jacobs is another Pennsylvania state prisoner in solitary confinement. Andre, a 27 year-old jailhouse lawyer, has been held in retaliatory solitary confinement for more than 8 years. In 2009, Andre was awarded 185 thousand dollars in a case against the Pennsylvania Department of Corrections, an action that has resulted in his being singled him out for abuse within the prison system. In January of this year, he was physically abused, issued death threats and denied medical treatment.
Liz Springer:
- It’s been rough, there had been days where I thought he wasn’t going to make it. I thought I was going to get a call saying he was dead. I send him inspiration cards, and support him, send him some Bible verses to keep him strong.
- There have been times he said to me, I can’t do it no longer, I can’t do it.
- They were beatin’ him in the court room. They said he had an attitude and when he was leaving the court room, I witnessed them beating him, and I said, “I love you Andre.” He turned around and said “I love you too.”
- They started beating him because they said he wasn’t supposed to speak to me.
- He lost that case because the guards got on the stand and said he hurt one of the guard’s wrist.
- He ended up with 18 years because of that. Lately he has a little hope.
- He was strapped to a chair for 12 hours not being able to move anything but his head. Didn’t eat, had to go the bathroom and he just went.
Guest – Liz Springer, activist and the grandmother of Andre Jacobs.
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Russell Maroon Shoatz
As many listeners may know, former Black Panther Russell Shoatz has been in prison since 1972, and the past 21 of those years has been spent in solitary confinement. He’s 67, his spirit unbroken and in addition to his record of good conduct, members of the Pennsylvania Prison Society who visit Mr. Shoatz regularly attest to his peaceful disposition. Earlier this year the National Lawyers Guild called on Superintendent Louis Folino to support the Program Review Board’s recommendation to release Russell Maroon Shoatz into the general prison population at SCI Greene in Waynesburg, Pennsylvania. His daughter Theresa Shoatz joins us talk more about his advocacy work and life as a political prisoner.
Theresa Shoatz:
- The solitary confinement has had the worst effect on us. Within the 39 years we was able to have contact visits.
- The unit he’s in now, there’s no contact, you’re behind a glass when you visit.
- He’s had grandchildren since that time, and he hasn’t touched the grandchildren either. Our family is dedicated to visiting him, every 3 months.
- Russell Shoatz being known throughout the country. I notice now, his conversations are laid back, he’s not as upbeat as he used to be.
- He keeps stressing almost on our weekly calls, you gotta get me outta here.
- They told me Daddy’s a leader, I said no, he’s a grandfather. The Panthers didn’t say we want to battle the police. They said, we want to educate our youth, we want to feed them, we want to take control of our community. When it became war, and the Panthers were under attack, they said we got to protect ourselves.
- That’s what happened, and of course, Daddy’s a political prisoner. He took a stand and stood on the front line for his people and his community.
- I had a little attitude with him, I said why would you leave us, this was some years ago. He said, (I did it for my people. How could I allow you to be raised in that type of system?) It hit me like a ton of bricks.
- The guards, they called themselves the “wolfpack” when you’d see them comin, they would roll one pants leg all the up to the knee.
- I went to Governor’s office, the Governor of Pennsylvania. I was on trains, back and forth.
- It’s the same thing, when our people get in the streets and march, you really can’t do one march.
- At SCI Greene, over 20 young men in their 20’s hung themselves there (lynching) within a short time of solitary confinement.
- Daddy was constantly yelling to the guys, what to do. They come in strollin. Strollin down the solitary unit.
- This prison bubble is going to burst. There are people fighting on all levels, this prison bubble is going to burst.
- It’s going to end, we’re going to make sure of that.
Guest – Theresa Shoatz, daughter of political prisoner Russell Shoatz and activist with the Human Rights Coalition.
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Civil Liberties, Crony Capitalism, Guantanamo, Habeas Corpus, Human Rights, Surveillance, Truth to Power
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Updates:
- Tim DeChristopher Sentencing – Bidder # 70
- Aaron Schwartz, Anonymous Activists and Paypal
- Australian Government Seize Profits from David Hicks’ new book – Guantanamo, My Journey
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From Economic to Social Crisis: Deficits, Debt and a Little Class History
We welcome returning guest Rick Wolff, Professor of Economics. We talk with him about his latest article, From Economic to Social Crisis: Deficits, Debt and a Little Class History. Earlier this year Rick pointed out how the Democrats and Republicans debate over spending cuts at around 40 to 60 billion. Rick says the debate is inconsequential, when the federal budget’s projected deficit of $1.5 trillion will carry an annual interest cost of $40-60 billion. Now, as both parties are committed to a broken, corrupt system, Rick points out that historically transitioning to another economic system is not in the public discussion. He says, the tools used to recover from the 1930s economic collapse can’t be used today mainly because of the last 75 years of rising national debt and budget deficit.
Professor Rick Wolff:
- This is mostly theater, the people I talked to in the business of finance and government are quite clear that the United States will work this out.
- It is a sign of the political dysfunction that they can’t do it in a reasonable way.
- It is a normal procedure to periodically ask for the debt ceiling to be raised, so that they can borrow the amount of money stipulated by the budgets they have passed. The sitting president asks for the debt ceiling to be raised, Bush did it eight times. It’s normal.
- The only thing the Democrats have left, to not look defeated, is to make a big deal out of the cuts they’re willing to accept are smaller than the “draconian” version that the Republicans want.
- The Republicans don’t know, the Democrats don’t know (what will happen). They fundamentally don’t care, because they have long ago decided that their political needs and strategies are unhooked from the underlying economic situation.
- We’re spending 3.5 trillion dollars this year as a Federal Government. We’re raising 2 trillion. That means 1.5 trillion has to be borrowed otherwise its not going to happen.
- That’s money that will be used to help old people’s needs, help fight wars in Iraq, Afghanistan, Libya, Pakistan, to help cities and states that need support, etc.
- The actual creditors in the immediate situation have nothing to fear.
- For the rest of the world you have a double whammy, which is what we should be thinking about.
- We have the driver of the world’s economy collapse in 2007/2008 and having been unable to recover since.
- The bottom line is this economy isn’t working well and isn’t solving its crisis. This is now a deeper, longer crisis than any since the Great Depression.
- That means every other player in the world, from a Chinese official, to a Spanish bank to an investor in Brazil has to rethink what he or she thought.
- A thousand small decisions are going to be made a little differently from now on.
- There is no proposal working its way through Congress to provide employment to the tens of millions of people who have no work.
- The president’s statement (is a bipartisan commitment to ignore the problem of unemployment.)
- The most extreme proposal is to cut 4 trillion dollars in the next ten years. This year alone the US deficit will run one thousand five hundred billion. 1.5 trillion.
- The debtors know that at a certain point there’s going to be trouble.
- You can’t continue to cut the masses’ standard of living to make money for big bankers, that’s not a political sustainable program. Not here, not in Greece, not anywhere else.
- The silence of the press here is stunning. There have been multiple general strikes across Europe.
- The greed of the corporations, they’ve had their way for 30 years. Republicans and Democrats alike, have basically gone in the direction they want. Corporate taxes have been cut, regulations relieved, money is everything, wealth is everything, consumption is where you are.
- The smaller business (corporations, etc) are late to party. They still want to get theirs. Those who already got theirs don’t want them to mess up the game. I believe you will see big splits emerging among the Right in America because these are different attitudes.
- They want a stable United States so that they can grow in the rest of the world, because that’s where they think growth is coming.
- They don’t need to maintain the roads like they did, they don’t need to maintain the education in this country.
- You can appeal to them, you need these workers, you need these consumers. No we don’t. We don’t need them as workers, and we don’t expect them to be much in the way of consumers, because they would have to borrow and we’re not going to lend to them.
- They would have to have higher wages, and we’re not going to give that to them. We have no reason to, we have cheaper better workers elsewhere.
- You are subjecting your working class to a major sustained attack on its standard of living. To believe this is all going to happen and they’re quietly going to sink some resignation with no consequence is nutty.
- The attempt to isolate, to freeze, to inoculate the population so they don’t fear what’s coming. It’s falling apart in Europe, but it will fall apart here too.
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.
