Civil Liberties, Criminalizing Dissent, Guantanamo, Habeas Corpus, Human Rights, Supreme Court, Torture, Truth to Power
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Updates: Landmark Win: Guantánamo Detainees Have Constitutional Right to Habeas Corpus
Federal jury awards $6.2 million in Taser death lawsuit
Here on Law and Disorder we’ve talked with many guests on the dangers of Taser stun guns. Recently Taser International Inc., the largest stun-gun maker, lost a $6.2 million jury verdict over the death of a California man who died after police shot him multiple times with the weapon. A San Jose, California jury says that Taser failed to warn the police of Salinas, California that prolonged exposure to Tasr’s electric shock could cause a risk of heart attack. The 40 year old victim Robert Heston died February 20, 2005 after his father had called Salinas police because his son was “acting strangely,” and seemed to be on drugs, according to the lawsuit complaint.
This is the first defeat for Taser International in a product-liability claim. Though, a product liability claim, another issue of concern is how police abuse and torture people indiscriminately with tasers.
- Nearly 400 people in the United States have been killed in Taser-related deaths in the past 7 years.
- Stun guns are already widely abused on people who take too long to pull out ID, who are loud in public, elderly, disabled or in the wrong place at the wrong time.
- Medical examiners are afraid to rule Tasers as the primary or contributory cause of death out of fear of retribution. In meetings with coroners, Taser International has actually threatened to sue if stun guns are cited on death certificates.
- Taser International has formed questionable PR ties with law enforcement. It established and funded the Taser Foundation for Fallen Officers in 2004.
- Taser International Slogan: Saving Lives Everday
Guest: Civil rights attorney John Burton who litigated the case. Burton says there are 68 more Taser-related death cases to be litigated.
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The Cuban Five: 11th Circuit Court Upholds Convictions
We’ve been following the case of the Cuban Five for years. Last week, the 11th U.S. District Court of Appeals in Atlanta upheld the convictions of the Cuban Five who are serving long prison sentences charged with spying and conspiracy to commit murder. The Five were falsely accused by the U.S. government of committing espionage conspiracy against the United States, and other related charges.
The Five pointed out vigorously in their defense that they were involved in monitoring the actions of Miami-based terrorist groups, in order to prevent terrorist attacks on their country of Cuba. The Five’s actions were never directed at the U.S. government. They never harmed anyone nor ever possessed nor used any weapons while in the United States. The Cuban Five are five Cuban men who are in U.S. prison, serving four life sentences and 75 years collectively, after being wrongly convicted in U.S. federal court in Miami, on June 8, 2001.
Cuban Five: Gerardo Hernández, Ramón Labañino, Antonio Guerrero, Fernando González and René González.
Guest: Len Weinglass – U.S. Civil Rights Attorney and Activist
Civil Liberties, Criminalizing Dissent, Extraordinary Rendition, Green Scare, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Military Tribunal, Surveillance, Targeting Muslims, Torture, Truth to Power
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Ending The War In Iraq: Tom Hayden
Long time political and social activist Tom Hayden joins Law and Disorder hosts for a lively interview and discussion on specific ways to end the illegal war in Iraq. Tom Hayden is a former California state senator, a passionate anti-war activist and has published an anthology titled “Writings For A Democratic Society” , in it he chronicles key civil rights movements and potent sixties activism. The book is a collection of essays, pamphlets, op-ed pieces from the Port Huron Statement – a manifesto for sixties radicals, to reports on the riots at Chicago’s 1968 Democratic National Convention.
Guest – Tom Hayden, political and social activist, author of Ending The War In Iraq. Tom Hayden’s Blog
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Green Scare: The Case of Briana Waters
Here on Law and Disorder we’ve discussed how since December 2005, environmental activists in the United States have been targeted and handed unusually harsh prison sentences. It’s called Green Scare and more than a year ago the National Lawyer’s Guild sponsored an event titled Green Scare – How the Government Is Targeting Eco-Activists. Listen to it here.
Last year the NLG established a hotline 1-888-NLG-ECOL for activists who had been targeted by the FBI for environmental activism.
We bring this up in context of the case involving Briana Waters. Acting as a lookout, she was accused of conspiring to set fire to the University of Washington’s Center for Urban Horticulture in 2001. This, despite evidence presented by the defense that she was 60 miles away at the time of the arson. Others claimed responsibility for the fire, but Ms. Waters, a 32 year old mother and violin teacher may face a mandatory minimum of 35 years in prison.
Federal “conspiracy law†is used often to prosecute drug dealers and is being used by prosecutors to take down individual environmental protesters. Once the judge accepts the charge of conspiracy, here-say is admissible making conspiracy very easy to prove in court.
Guest: California civil rights attorney Ben Rosenfeld
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An Innocent Man In Guantanamo: Five Years of My Life, Part III
Today we hear excerpts from the third part of the event An Innocent Man In Guantanamo: Five Years of My Life. That’s the title of the memoirs recently released by Murat Kurnaz who was detained at Guantanamo for five years. Kurnaz is a Turkish citizen and legal resident of Germany, he traveled to Pakistan to learn more about his Muslim faith and was later arrested at a checkpoint, handed to the United States and eventually taken to Guantanamo Bay, Cuba. Former US Army Muslim Chaplain of Guantanamo Bay, James Yee voices his concern about other secret prisons in Afghanistan and systematic abuse to prisoners involving IRF teams.
The event presented by Friends of the Library, brought together a panel of lawyers from the U.S. and Germany who fought for Murat’s release and a Guantanamo chaplain who was accused of espionage and imprisoned. The panel was moderated by our own Michael Ratner. Speakers include:
- Baher Azmy – Professor at Seton Hall Law School, where he directs a civil rights clinic and teaches constitutional law. His litigation work on national security and human rights cases emerging from the “war on terror†include lawfulness of extraordinary rendition, torture and indefinite executive detention. In July 2004, Azmy began representation of Murat Kurnaz imprisoned in Guantanamo Bay until his release in August 2006.
- Bernhard Docke – a lawyer since 1983, specializes in criminal law, since 1989 partner of the law firm “Dr. Heinrich Hannover und Partner†in Bremen, Germany. He has been a lawyer for Mr. Kurnaz since 2002.
- Wallace Shawn – an Obie-winning playwright and a stage and screen actor. His plays include The Designated Mourner, Marie and Bruce, The Fever, and Aunt Dan and Lemon. He co-wrote and starred in the art-house classic My Dinner with Andre and he also performed in numerous Woody Allen films including Manhattan and Radio Days. Our Late Night and a Thought in Three Parts: Two Plays will be published in Spring 2008.
- James Yee – the former US Army Muslim Chaplain of Guantanamo Bay. His book, For God And Country, Faith and Patriotism Under Fire, tells the story about being wrongly accused of espionage and imprisoned by the U.S. military. In 2004, the government dropped all charges against him and he received an honorable discharge from the U.S. Army.
- Phillipe Sands – an international lawyer and a professor of law at University College London. He is the author of Lawless World and is frequently a commentator on news and current affairs programs including CNN, MSNBC and BBC World Service. Sands has been involved in many international cases, including the World Court trial of Slobodan Milosevic and the treatment of British detainees at Guantanamo Bay. His article in Vanity Fair “The Green Light,†looks at how high level members of the Bush administration pressured underlings to use torture tactics at Guantanamo. He is also the author of Torture Team: Rumsfeld’s Memo and the Betrayal of American Values.
Civil Liberties, Extraordinary Rendition, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Supreme Court, Targeting Muslims, Torture, Truth to Power
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Updates:
Operation Torch:Â Heavily Armed Subway Patrols Making New York City Safer?
A couple weeks ago our own co-host Heidi Boghosian described how under cover policemen and a K9 unit were intimidating a subway rider on the platform with the dog barking viciously near his face. We’ll follow up on that story and also talk about the teams of police armed with MP5 submachine guns, body armor and bomb sniffing dogs now patrolling the subway systems of New York City. They’re called Torch Teams. Torch, an acronym for Transit Operational Response With Canine and Heavy Weapons. The teams are funded to patrol in 12 hour shifts everyday, Penn Station, Herald Square, Columbus Circle, Rockefeller Center Times Square and Atlantic Avenue in Brooklyn.
Co-host Michael Smith also commented on the use of police car convoys (photo above) that rally at ground zero and run up the FDR with lights blazing. Moore says it’s a federally funded event that acts as “window dressing” but he says, when you see police state displays such as Operation Torch and the police car convoys, know that it is only the tip of the iceberg. We’ll be investigating more on the depth of the police state in weeks to come.
Guest: Jonathan Moore, attorney with the National Police Accountability Project
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Torture and Democracy
Here on Law and Disorder we’ve taken an in depth look at torture with various authors and guests including authors Al McCoy, Marnia Lazreg and Henri Alleg. Today we speak with Reed College professor Darius Rejali, author of the book Torture and Democracy. In this book, Rejali tracks behaviors, trends and traditions that have brought torture to where we see it has emerged today. Rejali, a leading expert on government interrogation techniques, argues that torture is an ancient craft and technique passed on from teacher to apprentice.
Rejali says knowledge of the torture craft often flows both ways between colonial powers and occupied peoples. This is a powerful book filled with information on techniques. One review writes, this book lays the groundwork, torturers and their keepers may find it useful, not as an academic study but as a field manual.
Guest – Professor Darius Rejali
Civil Liberties, Extraordinary Rendition, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Military Tribunal, Targeting Muslims, Torture, Truth to Power
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“Lawyers You’ll Like” Series: Ramsey Clark
Ramsey Clark, former Attorney General of the United States, under President Lyndon B. Johnson. The first Attorney General at the Justice Department to call for the elimination of the death penalty and all electronic surveillance. After he left the Johnson administration, he became a vociferous critic of the Vietnam War and continued on a radical path, defending the underdog, defending the rights of people worldwide, from Palestinians to Iraqis, to anyone who found themselves at the repressive end of government action.
During his years at the Justice Department:
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An Innocent Man In Guantanamo: Five Years of My Life, Part II
Today we hear excerpts from the second part of the event An Innocent Man In Guantanamo: Five Years of My Life. That’s the title of the memoirs recently released by Murat Kurnaz who was detained at Guantanamo for five years. Kurnaz is a Turkish citizen and legal resident of Germany, he traveled to Pakistan to learn more about his Muslim faith and was later arrested at a checkpoint, handed to the United States and eventually taken to Guantanamo Bay, Cuba. We hear part 1 of a 3 part series from this discussion.
The event presented by Friends of the Library, brought together a panel of lawyers from the U.S. and Germany who fought for Murat’s release and a Guantanamo chaplain who was accused of espionage and imprisoned. The panel was moderated by our own Michael Ratner. Speakers include:
- Baher Azmy – Professor at Seton Hall Law School, where he directs a civil rights clinic and teaches constitutional law. His litigation work on national security and human rights cases emerging from the “war on terror†include lawfulness of extraordinary rendition, torture and indefinite executive detention. In July 2004, Azmy began representation of Murat Kurnaz imprisoned in Guantanamo Bay until his release in August 2006.
- Bernhard Docke – a lawyer since 1983, specializes in criminal law, since 1989 partner of the law firm “Dr. Heinrich Hannover und Partner†in Bremen, Germany. He has been a lawyer for Mr. Kurnaz since 2002.
- Wallace Shawn – an Obie-winning playwright and a stage and screen actor. His plays include The Designated Mourner, Marie and Bruce, The Fever, and Aunt Dan and Lemon. He co-wrote and starred in the art-house classic My Dinner with Andre and he also performed in numerous Woody Allen films including Manhattan and Radio Days. Our Late Night and a Thought in Three Parts: Two Plays will be published in Spring 2008.
- James Yee – the former US Army Muslim Chaplain of Guantanamo Bay. His book, For God And Country, Faith and Patriotism Under Fire, tells the story about being wrongly accused of espionage and imprisoned by the U.S. military. In 2004, the government dropped all charges against him and he received an honorable discharge from the U.S. Army.
- Phillipe Sands – an international lawyer and a professor of law at University College London. He is the author of Lawless World and is frequently a commentator on news and current affairs programs including CNN, MSNBC and BBC World Service. Sands has been involved in many international cases, including the World Court trial of Slobodan Milosevic and the treatment of British detainees at Guantanamo Bay. His article in Vanity Fair “The Green Light,†looks at how high level members of the Bush administration pressured underlings to use torture tactics at Guantanamo. He is also the author of Torture Team: Rumsfeld’s Memo and the Betrayal of American Values.
Civil Liberties, Guantanamo, Human Rights, Surveillance, Torture, Truth to Power
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Hosts Update:
Less Lethal Weapons
Here on Law and Disorder we’ve discussed and examined the effects of taser stun guns and related deaths. Late last year, the United Nations panel on torture proclaimed the Taser shock to be torture. We want to look at other “non-lethal†munitions such as acoustic weapons and heat rays known as Active Denial Systems. What are they? What injuries could demonstrators sustain as the military, government agencies and contractors roll out the next generation of weapon category and put them into the hands of local law enforcement.
Guest: Jurgen Altmann. He’s studied physics at the University of Hamburg, Germany. Less-lethal weapons and acoustic weapons have been his primary focus lately. Altmann also examines the interactions between civilian and military technologies in aviation research and development. In recent years, he has studied military uses of, first, microsystems technologies and then nanotechnology, with a view towards preventive arms control. He is a co- founder of the German Research Association Science, Disarmament and International Security FONAS, and currently is a deputy speaker of the Committee Physics and Disarmament of the German Physical Society.
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Colorado ACLU: Early Legal Preparation For August Democratic National Convention, Submits FOIA Request On Denver DNC Budget.
We’ve talked with Jurgen Altman about the types of less lethal weaponry that could be used against protestors. We look now at the context in which these weapons could be deployed. In this election year, St. Paul, Minneapolis and Denver, Colorado will be hosting the Republican National Convention and the Democratic National Convention respectively. In New York during the 2004 Republican National Convention, police violated the rights of thousands of protestors. The violations include roundups of demonstrators spying on non-violent political activists, the use of agent provacateurs and the faking of police video evidence. Sonic weapons were also present in the streets of New York City. For this election year of 2008, lawyers in both cities are working to prevent similar tactics.
Guest: Mark Silverstein Legal Director of the ACLU in Colorado about preparations to protect the rights of demonstrators including protections against less lethal weapons such as Long Range Acoustic weapons and heat rays, known as the Active Denial System.
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Administration Set to Use New Spy Program in U.S. – Local Law Enforcement To Access Military Grade Spy Technology
Civil liberties and privacy concerns are raised as Homeland Security director Michael Chertoff announced the activation of a new domestic satellite surveillance program. Though the department says the program will not intercept communications, these powerful, high resolution satellites can now be used to view and track individuals, homes and vehicles domestically.
Critics cite that Chertoff’s statements mark a determination to coordinate military assets with domestic law enforcement, turning new or undeveloped technologies against Americans without public debate or consent.
Guest: Melissa Ngo, Senior Counsel and Director of EPIC’s Identification and Surveillance Project. EPIC is the Electronic Privacy Information Center. Melissa has focused on federal and state surveillance programs and their costs to civil liberties. She is also the author of a chapter entitled You Are Being Watched But Not Protected: The Myth of Security Under Camera Surveillance in the book “Intersection: Sidewalks & Public Space”
Related stories: Bin Brother is Watching You – Trash Cans With RFID Readers / Concerns raised as government demands universal wiretapping.
Civil Liberties, Death Penalty, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Targeting Muslims, Torture, Truth to Power
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Hosts Update
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An Innocent Man In Guantanamo: Five Years of My Life
Today we hear excerpts from the event An Innocent Man In Guantanamo: Five Years of My Life. That’s the title of the memoirs recently released by Murat Kurnaz who was detained at Guantanamo for five years. Kurnaz is a Turkish citizen and legal resident of Germany, he traveled to Pakistan to learn more about his Muslim faith and was later arrested at a checkpoint, handed to the United States and eventually taken to Guantanamo Bay, Cuba. We hear part 1 of a 3 part series from this discussion.
The event presented by Friends of the Library, brought together a panel of lawyers from the U.S. and Germany who fought for Murat’s release and a Guantanamo chaplain who was accused of espionage and imprisoned. The panel was moderated by our own Michael Ratner. Speakers include:
- Baher Azmy – Professor at Seton Hall Law School, where he directs a civil rights clinic and teaches constitutional law. His litigation work on national security and human rights cases emerging from the “war on terror” include lawfulness of extraordinary rendition, torture and indefinite executive detention. In July 2004, Azmy began representation of Murat Kurnaz imprisoned in Guantanamo Bay until his release in August 2006.
- Bernhard Docke – a lawyer since 1983, specializes in criminal law, since 1989 partner of the law firm “Dr. Heinrich Hannover und Partner” in Bremen, Germany. He has been a lawyer for Mr. Kurnaz since 2002.
- Wallace Shawn – an Obie-winning playwright and a stage and screen actor. His plays include The Designated Mourner, Marie and Bruce, The Fever, and Aunt Dan and Lemon. He co-wrote and starred in the art-house classic My Dinner with Andre and he also performed in numerous Woody Allen films including Manhattan and Radio Days. Our Late Night and a Thought in Three Parts: Two Plays will be published in Spring 2008.
- James Yee – the former US Army Muslim Chaplain of Guantanamo Bay. His book, For God And Country, Faith and Patriotism Under Fire, tells the story about being wrongly accused of espionage and imprisoned by the U.S. military. In 2004, the government dropped all charges against him and he received an honorable discharge from the U.S. Army.
- Phillipe Sands – an international lawyer and a professor of law at University College London. He is the author of Lawless World and is frequently a commentator on news and current affairs programs including CNN, MSNBC and BBC World Service. Sands has been involved in many international cases, including the World Court trial of Slobodan Milosevic and the treatment of British detainees at Guantanamo Bay. His article in Vanity Fair “The Green Light,” looks at how high level members of the Bush administration pressured underlings to use torture tactics at Guantanamo. He is also the author of Torture Team: Rumsfeld’s Memo and the Betrayal of American Values.
Music at Break: Patti Smith – Without Chains
