Civil Liberties, Extraordinary Rendition, Guantanamo, Torture, Truth to Power
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Updates:
- Military Commissions Act 2006
- Habeas Corpus
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An afternoon in front of the Daniel Patrick Moynihan Courthouse awaiting Lynne Stewart’s sentencing
Law and Disorder brings you the voices, attorneys and Lynne Stewart’s first statements following her sentencing from the steps of the courthouse near Foley Square in downtown Manhattan, New York City. Hundreds of Lynne Stewart supporters were corralled into a pen on the sidewalk and you’ll hear police shouting at supporters. We begin with comments from demonstrator Irene Sadek, Lynne Stewart supporter – Reverend Anthony P. Johnson, Law and Disorder co-hosts Michael Smith and Michael Ratner, Lynne Stewart at press conference and conclude with amazing details from inside the courtroom in an exclusive Law and Disorder debriefing of attorney Jeff Mackler.
“The judge noted her past in issuing sentence saying: “She has represented the poor, the disadvantaged and the unpopular (and she had) enormous skill and dedication (earning little money for doing it). It is no exaggeration to say that Ms. Stewart performed a public service not only to her clients but to the nation.” Judge Koeltl cited the many hundreds of letters of support Stewart received from law professors, former prosecutors, retired judges and former clients. One or more of them came from Ramsey Clark, a man of such enormous stature and eminence himself, he can’t be ignored.”
Read more about Lynne’s case.
Lynne Stewart’s letter to Judge Koetl
“This is it guys, we’re talking about a Police State.” – Michael Ratner
Co-hosts Michael Ratner and Michael Smith discuss several key points inside the Military Commission Act.
The Military Commissions Act was recently signed into law. Law and Disorder hosts Michael Ratner and Michael Smith discuss the implications in the context of what this means for the Habeas Corpus law, US citizens, US non citizens and Guantanamo detainees. Hosts also discuss Halliburton and KBR contracts to build detention centers in the United States. Law and Disorder will have more on detention centers in the weeks to come. Death of Habeas Corpus – Keith Olbermann
Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power, Uncategorized
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Law and Disorder would like to thank the listeners of WBAI for their support of listener sponsored radio!
Law and Disorder welcomes KWMD in Alaska to the affiliate list
Brecht Forum – If It’s Not Facism, What Is It? Who Benefits & Why Now?
Panelists: Mark Crispin Miller, Heidi Boghosian, Bertell Ollman, Moderated by Michael Steven Smith
There appears to be a major transformation in progress. Bourgeois democracy, however limited and constricted it has been, is being revamped. The separation of powers, first enunciated by the founders, hardly exists any more. The Executive branch has overpowered Congress and the Judiciary. Neither the corporate media, the two party system, nor the unions provide much of a countervailing force. With the defeat of the Soviet Union and the “Socialist Block” imperialism has launched wars to consolidate capitalism and oil control in Yugoslavia, Afganistan, Iraq and Lebanon. The standard of living for the American working class and middle class is being rolled back quickly; only profit margins of the large corporations and the top one per cent are expanding. Democracy is not an abstraction, but a tool and an aspect of the class struggle. Thus we are experiencing a consolidational of wealth and power that is historically qualitatively transformative. Understanding what is going on is the first step in fighting it.
This week we hear talks from:
Mark Crispin Miller NYU professor of media studies and author of Fooled Again: How the Right Stole the 2004 Elections and Why They’ll Steal the Next One Too.
Bertel Ollman – We hear an excerpt from Bertel Ollman, professor of politics at NYU, and has written and edited over a dozen books, including Alienation: Marx’s Conception of Man in Capitalist Society, Social and Sexual Revolution: Essays on Marx and Reich, Dialectical Investigations, How to Take an Exam and Remake the World, and most recently Dance of the Dialectic: Steps in Marx’s Method. He is also founder of The International Endowment for Democracy
More on the Military Commissions Act of 2006 and the resulting demise of Habeas Corpus. During the WBAI fundraiser Michael Smith and Heidi Boghosian talked with attorney and incoming National Lawyer’s Guild president Marjorie Cohn.
Guest – Marjorie Cohn – attorney and incoming National Lawyer’s Guild president
Update on the Military Commissions Act – It allows over-arching executive power and is by definition a police state – “no meaningful distinction between the law and the exercise of political power by the executive.” Below are points highlighted from this CCR article.
- Shortly after September 11, 2001, hundreds of non-citizens were swept up in the United States and detained in connection to the terrorism investigation without any evidence to connect them to terrorism or crime.
- These men were arrested and detained based on their Muslim faith, their Arab or South Asian descent, and their immigration status, rather than any evidence to connect them to terrorism.
- The “9-11 detainees” were imprisoned in the United States until they were cleared of any connection to terrorism by the FBI. This clearance usually took months, and some detainees were held for over a year.
- During the detention period, many men were held in the most restrictive confinement that exists in the federal system. They were locked down 23 to 24 hours a day, hand-cuffed and shackled, deprived of sleep, beaten and verbally harassed, and denied the opportunity to practice their religion.
- Since the men were released, at least two federal court judges have ruled that the treatment of the detainees would constitute violations of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution.
- This provision allows any one of them to be imprisoned indefinitely without their day in court. Now, they could be investigated, detained, interrogated, and tortured without judicial remedy. While U.S. law prohibits torture, this bill would deny access to the courts to bring a torture claim.
CENTER FOR CONSTITUTIONAL RIGHTS CONDEMNS DEFEAT OF SPECTER AMENDMENT TO PRESERVE HABEAS
Civil Liberties, Extraordinary Rendition, Guantanamo, Torture, Truth to Power
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Co-host Michael Ratner, and President of the Center for Constitutional Rights updates Law and Disorder listeners on the Military Commissions Act. Michael Ratner with other attorneys from CCR spent the last week in Washington DC garnering support from Senators to oppose the Bush administration’s rush to pass the Military Commissions Act through Congress. Ratner adds that the passing of this Act allows over-arching executive power and is by definition a police state – “no meaningful distinction between the law and the exercise of political power by the executive.” Below are points highlighted from this CCR article.
- Shortly after September 11, 2001, hundreds of non-citizens were swept up in the United States and detained in connection to the terrorism investigation without any evidence to connect them to terrorism or crime.
- These men were arrested and detained based on their Muslim faith, their Arab or South Asian descent, and their immigration status, rather than any evidence to connect them to terrorism.
- The “9-11 detainees” were imprisoned in the United States until they were cleared of any connection to terrorism by the FBI. This clearance usually took months, and some detainees were held for over a year.
- During the detention period, many men were held in the most restrictive confinement that exists in the federal system. They were locked down 23 to 24 hours a day, hand-cuffed and shackled, deprived of sleep, beaten and verbally harassed, and denied the opportunity to practice their religion.
- Since the men were released, at least two federal court judges have ruled that the treatment of the detainees would constitute violations of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution.
- This provision allows any one of them to be imprisoned indefinitely without their day in court. Now, they could be investigated, detained, interrogated, and tortured without judicial remedy. While U.S. law prohibits torture, this bill would deny access to the courts to bring a torture claim.
CENTER FOR CONSTITUTIONAL RIGHTS CONDEMNS DEFEAT OF SPECTER AMENDMENT TO PRESERVE HABEAS
Progressive human rights attorney Lynne Stewart, accused of aiding terrorists, faces 30 years in prison. On Tuesday, April 9, 2002, she was arrested and agents searched her Manhattan office for documents. The government calls her a terrorist because of her legal work with Omar Abdel Rahman, a convicted Egyptian Islamic scholar and has demanded that Judge John Koeltl sentence her to Federal Prison for 30 Years.
We are really glad to have Lynne back with us in the studio again, the cold truth of this reality is that Lynne Stewart will be sentenced on Monday October 16th, fourteen days from today. Again as many listeners know this is a landmark case, an obvious attempt by the U.S. government to silence dissent, curtail vigorous defense lawyers, and instill fear in those who would stand up against the U.S. government’s racism, and seek to help Arabs and Muslims being prosecuted for free speech. Please visit Lynne Stewart’s website for events leading up to sentencing.
Sunday October 15 – Riverside Church, between 120 & 122nd Street and Riverside Drive, Manhattan 4:00 pm
RALLY AND TRIBUTE; On the eve of the sentencing, a show of support and love for Lynne Stewart. A tribute to her legal career and to her political life.
Monday October 16 – Tom Paine Park (Foley Square) Centre St and Worth St, Manhattan 8a.m., 9 am
Rally to accompany Lynne Stewart to Court. Demonstrate your support. You cannot be too “busy” for this historic moment. One to tell your grandchildren about. Crucial to the atmosphere of outraged citizenry we need.
The War At Home
Here on Law and Disorder we’ve talked at length about the legislation and policy the US government is installing to create what amounts to be a police state in this country.
Guest – Jack Rasmus, journalist and author of THE WAR AT HOME: The Corporate Offensive From Ronald Reagan to George W. Bush. The War At Home examines the relationship between the emerging police state and the great shift in wealth, salaries, earnings, diminution of health care, pensions, destruction of the unions, and all the rest that started under Reagan.
We’ll also talk with author about class struggle and the relationship between democratic rights and the ability to make social change. Jack Rasmus is also an economics and labor journalist for Z magazine and the Dispatcher.
Cuban Five Update – Co-Host Heidi Boghosian, Executive Director of the National Lawyers Guild recently spoke at events supporting the release of the Cuban Five. In the past few weeks, events have been held around the country over the plight of the Cuban Five. Five courageous men who uncovered information about plans by anti-Cuban terrorists to commit acts of violence against that island nation. After the Cuban government turned over voluminous documentation of such plans, the five were indicted and tried in Miami on unfounded charges of conspiracy to commit espionage all without one page of evidence to corroborate such charges. The Cuban Five have been imprisoned for 8 years in maximum security facilities spread out across the United States. They’re in such remote locations that even visits from their attorneys are difficult. There’s also a media blackout on this story. Law and Disorder hopes this will change especially in light of recent revelations that the Bush Administration has poured hundreds of thousands of dollars into paying Miami journalists to plant misleading and erroneous stories on Cuba issues. In Washington DC a large rally to the White House attracted 600 marchers and was followed by a panel of speakers including Len Weinglass.
We hear an excerpt from a speech delivered by Heidi Boghosian at the Church of the Intercession. The event featured Esteban Lazo Hernandez, Vice President of the Cuban Council of State, director of its International Relations Committee and long time revolutionary leader. He was joined by Cuban Foreign Minister Felipe Perez Roque. We will hear more of their speeches in the weeks to come.
Civil Liberties, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Guantanamo/War on Terror/9/11 – Update
Co-host Michael Ratner begins the update in the context of the Supreme Court’s Hamden decision – which essentially says that Geneva conventions apply to people picked up during the “war on terror,” meaning fair trials and being treated humanely. This decision also means that the military commissions set up by the US president are no longer lawful and the actions of torturers, such as the CIA and military personnel at Guantanamo and CIA secret sites could now be charged with war crimes. Today, the president is asking Congress to amend Geneva Conventions and allow illegal military commissions to continue.
To find out more and take action please visit the Center for Constitutional Rights and help stop the fast tracking military commissions bill in Congress that would sink the United States into a police state.
Law and Disorder Exclusive – NSA Spying Lawsuit Oral Arguments
A few weeks ago oral arguments were heard in federal court in a lawsuit brought by the Center for Constitutional Rights. The suit seeks to stop Bush and government agencies from conducting warrantless surveillance of international communications made from the United States, such phone calls and emails. Arguing the case were CCR attorney Shane Kadidal (read Shane’s blog here) and cooperating attorney Michael Avery, president of the National Lawyers Guild. One issue is whether CCR and several of its lawyers has standing to bring the suit. CCR lawyers and Avery have to basically demonstrate a concrete injury from the spying program. CCR lawyers say that their ability to conduct their work has been affected by the chance that their attorney/client communications may be monitored. Meanwhile, government attorneys urged that Judge Gerald Lynch dismiss the case because allowing it to proceed would jeopardize “national security.” It also argued that the government has inherent constitutional power to override national enactments like the Foreign Intelligence Surveillance Act.
Co-hosts Michael Smith and Heidi Boghosian caught up with Shane Kadidal and Michael Avery right after their three hour argument.
Mexico Election Protests and the Forming Of A Shadow Government
Post election street protests and tent cities come to a close in Mexico two months after the razor thing results. An election too close to call had both front running presidential candidates Felipe Calderon and Andres Manuel Lopez Obrador declaring themselves winners, based on their speeches and a number of private exit-polls. In the initial election count that ended July 3, Calderon had an advantage of more than 400 thousand votes or 1.04 percentage points over Lopez Obrador. For the past six weeks sprawling encampments filled the center of Mexico City. Obrador warned he will never acknowledge defeat and is forming a “shadow government.”
Guest – Jim Cockcroft – bilingual award winning author of more than 30 books and countless articles on Latin America, Mexico globalization, labor migration and public policy. Read Jim’s blog here.
No More Deaths – Border Activists Shanti Sellz/Daniel Strauss Case Dismissed.
Here at Law and Disorder we’ve been following the cases of Daniel Strauss and Shanti Sellz, two humanitarian aid activists who work at the Mexican border. More information here at No More Deaths. They provide food and water and if necessary medical assistance to people who are in need crossing the border. In July 2005, they were arrested for transporting three undocumented migrants to a hospital for emergency medical care – for a full background on the case listen to the Law and Disorder interview with Shanti and Daniel here. The case was set to go to trial this October but the judge has recently dropped the case. Co-host Dalia Hashad and WBAI’s Wake Up Call host Deepa Fernandes caught up with Shanti Sellz at the Arizona border.
September 23: Free the Cuban 5: Protest at the White House, DC
Join Law and Disorder hosts in Washington DC to protest the U.S. government releasing terrorist Luis Posada Carriles.
Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Today on Law and Disorder, hosts take a look back at US governments’ domestic and international reaction to the attacks on the World Trade Center and the Pentagon, where an estimated 3000 perished. Stay with us as we begin with the targeting of Muslims and Arab/Americans then discuss the use of secret prisons, NSA spying, Guantanamo and war powers, the Authorization for Use of Military Force.
FBI Roundups, Profiling, Secret Sites, Presidential Powers
Roundup of Muslims – FBI to question 5000–immediate – Special Registration
Ashcroft lifting of FBI Guidelines
Detainee Treatment Act – more info on McCain amendment
Decision justifying torture
Brandon Mayfield
FBI Informant
Spying, NSA, Criminalizing Dissent, Patriot Act
2006 NSA spying—cases and victory
CCR case
EFF case
Broadening of wiretap provisions
Patriot Act – No sunset
Criminal cases—Lynne Stewart
We hear a preview from an interview with Shane Kadidal, attorney with the Center for Constitutional Rights and cooperating attorney Michael Avery, president of the National Lawyers Guild, right after arguing the case brought by the Center for Constitutional Rights seeking to stop Bush and government agencies from conducting warrantless surveillance of international communications of people in the United States.
Guantanamo, Torture, Indefinite Detention, Renditions, Criminal Prosecutions
INS —secret hearings
Abu Gharib photos – Warning – graphic images on this link
Guantanamo – Amnesty Link
CCR link
Torture is not torture – 2004 Truthout story – Marjorie Cohn
Iraq/Afghanistan/ – War
AUMF — Authorization to Use Military Force – translation: Attack anything anywhere if president says it’s related to 9/11.
Attack Afghanistan 2002
Attack Iraq – 2003
Attack Lebanon – 2006
Civil Liberties, Guantanamo, Supreme Court, Torture
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Rewriting Geneva Conventions
Law and Disorder’s Michael Ratner Updates Related article – NY Times
Cuban Five – Eleventh Circuit Court Decision
Recently this month, the Eleventh Circuit decided the case of “US v. Campa” the case of the so-called “Cuban Five. This decision affirmed the trial court’s finding that the venue shouldn’t have been changed from its location in Miami and that new trial should not be ordered. This gives enormous power over to the government to bring politically motivated prosecutions and to select a favorable venue where community prejudice will favor the government, and as in this case, allow the government to obtain a conviction where evidence did not support a conviction. This decision is not the end of the case, however. If the lawyers in the case decide to, they can take it to the US Supreme Court by petitioning the court, by write of certiorari, to hear the case.
To remind listeners, this is the case where five Cuban men have been serving harsh prison sentences after they infiltrated anti-Cuban right wing (terrorist) groups in South Florida, were arrested by US authorities in 1998, and received a highly-politicized trial in Miami that was barely reported on in any US media. We’ve covered developments in this case on Law and Disorder on March 6th of this year and on our August 15th show in 2005.
Guest – Attorney Bruce Nestor, former president of the National Lawyers Guild.
Union organizing at Starbucks
Union member Daniel Gross was fired from his job at Starbucks last week after nearly three years of union organizing. Daniel was terminated when he backed a co-worker and fellow union member at a union picket line and asserted he shouldn’t be fired. Daniel is the fourth Industrial Workers of the World member to be fired by Starbucks in less than a year. Starbucks and other large corporations such as Walmart and Borders have been known to be hostile to the social movements of their workers. This is also a turning point for some card carrying IWW baristas at Starbucks who promise to keep the union organizing alive.
Guest – IWW member Daniel Gross
New York Cyclists’ Civil Liberties At Risk
The NYPD has proposed a rule that would dictate how many people could legally ride their bikes or walk down the sidewalk together without a permit. Since the taping of this interview, the NYPD has retracted their proposal dure to overwhelming response during the public comment period. The proposed rule would have actively discourage cycling and make it more difficult for cyclists to ride together for safety.
Guest – Gideon Oliver, an attorney for Critical Mass
Guest – activist/Law Student Mark Taylor
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