Law and Disorder RNC Street Coverage: Audio Document
Heidi Boghosian, Law and Disorder co-host and Executive Director of the National Lawyers Guild took to the streets of St. Paul Minnesota with producer Geoff Brady during the Republican National Convention. We bring you the voices and sounds of protesters, demonstrations, and interviews with legal observers, lead activists and lawyers. We begin this audio document with attorney Bruce Nestor, president of the Minnesota Chapter of the National Lawyers Guild. Amid this heavily militarized area of St. Paul, Bruce Nestor describes how riot police use minivans as quick, efficient transport and the trapping of protesters on a bridge.
Just blocks from the Xcel Center, Heidi catches up with local activists and independent journalists who describe first hand accounts of police confrontations. A local journalist named Nick tells of the launching of paint and flash-bang grenades, the arrests and detainment of journalists and unwarranted use of pepper spray and tasers. On 4pm on Tuesday, marchers rally at Mears Park for the scheduled Poor Peoples March. There we spoke with a New York videographer named Dan, he described the pre-convention raids on I-Witness Video and more accounts of excessive police force. Below is a photo of the pre-convention raids from their website.
National Lawyers Guild attorney Bruce Nestor provides a chronology of events beginning with legal details involving the pre-convention raids on convergence centers. He also analyzes the overall impact of free speech when various factors come together. 1) Demonizing protesters and their message. 2) This allows use of military force by police. 3) Intelligence gathering and targeting lead organizers of alternative press. Combined, these tactics squelch the voice of dissent in all age groups and keep people from exercising their first amendment rights.
Below: Scenes gathered from the streets of St. Paul during the Republican National Convention 2008
“This is not intended to be a mere discussion of violations of law that have occurred,” says convener Lawrence Velvel, dean and cofounder of the school. “It is, rather, intended to be a planning conference at which plans will be laid and necessary organizational structures set up, to pursue the guilty as long as necessary and, if need be, to the ends of the Earth.†related article
Velvel Interview Notes:
Conference will be held in undisclosed location for the time being.
Until people have the fear they will be brought to book if they violate the law in a very serious ways that cause tens of thousands of deaths, what will stop them from doing it in the future?
Unless there is something to look back on, like the Germans and the Japanese apparently know, don’t do it again because people swung.
Who’s to say it won’t happen 20 or 30 years in the future again.
Guest – Lawrence R. Velvel, Dean of Massachusetts School of Law and a professor of law. Mr. Velvel is a 1960 graduate of the University of Michigan and a 1963 graduate of the University of Michigan Law School, where he served on the law review and was elected to the Order of the Coif. He was a law professor from 1966-1978, first at the University of Kansas and then at Catholic University. He has been a partner in major law firms in Washington, D.C., and was the first chief counsel of an organization established to write United States Supreme Court briefs in support of state and local governments. read more.
A Justice Department proposal which could be made public in a month, has given the government even broader license to open terrorism investigations, without any evidence of wrongdoing, relying instead on racial or ethnic profiling. Currently, FBI agents need specific reasons, such as evidence or allegations that a law probably has been violated, to investigate US citizens and legal residents. Last month, The Council on American Islamic Relations decried the forthcoming plan as “unconstitutional and un-American.â€
This proposal is among other aggressive plans the Bush administration has put in place such as new wiretapping regulations and authorizing greater sharing of intelligence information with the local police. The Director of National Intelligence has set up – Information Sharing Environment – where certain police authorities will have access to information produced by the FBI, by the intelligence community and also by police departments around the country.
It is “one stop shopping” for all these different police agencies and even private companies to have access to this highly speculative, accusatory, fragmented and often erroneous information.
Intelligence Fusion Centers – which I think is a real problem, particularly since there’s very little oversight of these centers
there’s no way to correct these watch files, – a main problem with the closed system, where no one has an opportunity to go in and say you got this piece wrong.
Giving the FBI more authority to collect more information isn’t helping the FBI be more effective.
Gathering information about innocent people won’t help find guilty people.
There is no terrorism profile, people are drawn to terrorism for all sorts of reasons.
Terrorism watch list : 1 million individual records – clearly nobody believes there’s a million terrorists out there.
The FBI don’t know to this day, how many national security letters they’ve issued.
Guest – Mike German, attorney with the ACLU and former FBI agent. Mike German is a recognized expert in terrorist group behavior, counter-terrorist operations, and right-wing extremism. He has appeared on Dateline NBC, Paula Zahn Now, CNN, and MSNBC and his commentary has been published in the National Law Journal and the Washington Post. Mike served for sixteen years as a Special Agent with the Federal Bureau of Investigation and is one of the few agents credited with actually having prevented acts of terrorism before it became the FBI’s number one priority.
Human Rights First and Sahr MuhammedAlly have come out with a powerful report detailing the transfer of Guantanamo and Bagram prisoners to be prosecuted at the Afghan National Detention Facility in Kabul known as Block D. The report is titled Arbitrary Justice: Trials of Bagram and Guantanamo in Afghanistan. Among the details, the report describes that more than 250 former Guantánamo and Bagram detainees have been transferred to Block D, a facility built by the US government to hold and prosecute former Guantanamo and Bagram prisoners.
More than 160 have been referred for prosecution. The detainees are being charged under Afghan law for crimes ranging from treason and destruction of government property to threatening the security of Afghanistan. Defendants have been sentenced to terms of imprisonment ranging from 3 to 20 years, their trials last from 30 minutes to an hour.
We want to bring listeners up to date with the case of Mohammed Jawad. He was captured by Afghan police on December 17, 2002, and handed over to US forces the same day. According to his military defense lawyer, Jawad was briefly held at Bagram Air Base and transported to Guantanamo in January 2003. The same time period as portrayed in Taxi To The Dark Side.
Military commissions by executive order: illegal by the Supreme Court decision in Hamdan v Rumsfeld.
In response to Hamdan v Rumsfeld, Congress passed the Military Commissions Act in 2006
MCA 2006: Allows for secret trials / secret parts of trials /denying the accused the right to be tried by an impartial court /allows coerced testimony to be used; usually information gathered from being tortured.
Emi Maclean – “If you think the system is deeply, deeply flawed, look again, when the Dept of Defense couldn’t get what they wanted, they fired a judge. In the case of Omar Katr, the judge had ordered the government to produce information about the conditions of his detention and the conditions of which Omar’s statements were made. Even in a situation where the system is in favor of the government, the judge was replaced when that judge ruled against the government.”
Michael Ratner – “Even if Jawad is acquitted by this show trial, the (Bush) administration still says they can hold people indefinitely.”
Guest – Emi MacLean, staff attorney at the Center For Constitutional Rightsand with the Guantánamo Global Justice Initiative (GGJI) since June 2006. She works on issues related to Guantánamo and other forms of executive detention, including secret prisons and transfers-to-torture. She helps coordinate the pro bono attorneys representing the hundreds of men still detained at Guantánamo and supports CCR’s direct representation of a number of current detainees.
Last year, twenty-eight senior scientists and engineers at Jet Propulsion Laboratory challenged the United States government and the California Institute of Technology in a lawsuit claiming that NASA’s new background investigations were unconstitutional. The scientists include members of the Mars Rover program are fighting Homeland Security Presidential Directive 12 or (HSPD-12). This directive requires all federal employees and contractors to “voluntarily” sign a form allowing the government the right to investigate them “without limit” for two years- even if they leave government work during that time. NASA and Caltech employees were told, non-compliance will result in immediate termination.
In the interview Bob Nelson describes the drama in a Ninth Circuit Court decision: the Ninth Circuit Court of Appeals issued a temporary injunction at 4:40pm. The same day around 5pm, JPL managers were approaching the several hundred JPL employees who were non-compliant and reading them an order saying if you don’t comply by Monday, we will advertise your job. You have until 5pm today to decide.
A few minutes before 5pm Bob Nelson brought in a faxed copy of the order by the Ninth Circuit Court judge and told JPL managers that what they’ve done may be illegal, if you have a problem, consult your lawyer. The Ninth Circuit ruled that NASA and the DOJ were out of order and that Caltech was in the wrong for serving as an enforcer.
The lawsuit caused a lot of interest within Caltech alumni who then wrote to the board of trustees and later began to fund the lawsuit. Nelson says, “You can fight the system of a completely entrenched bureacracy that constantly rewrites the rule in their favor.”
Today we welcome cultural historian H Bruce Franklin, author of many books including The Most Important Fish In The Sea and one we will talk with him today titled War Stars: The Superweapon and The American Imagination. One review writes “this book reveals how and why the American quest for the ultimate defensive weapon, guaranteed to end all war and bring universal triumph to American ideals has led to the creation of forces increasingly capable of automated global annihilation.”
“How did we get to a place where we built weapons capable of destroying our own society, human civilization, possibly exterminating the human species, while always thinking that we’re making ourselves more secure, bringing global peace, bringing democracy to the world?”
Franklin explores the influences of the collective imagination in movies, novels and stories from obscure pre-World War I fiction to modern classics such as Slaughterhouse Five and Dr. Strangelove. War Stars interweaves culture, science, technology and history to demonstrate how the American consciousness shapes ingenious new superweapons while creating its antithesis in art.
Guest – Bruce Franklin, American cultural historian who has authored or edited nineteen books on a range of subjects. As of 2008, he is the John Cotton Dana Professor of English and American Studies at Rutgers University in Newark, New Jersey. He first attained prominence as a Melville scholar and has served as president of the Melville Society. His award-winning books and teaching on science fiction played a major role in establishing academic study of the genre. His books on American prison literature have been said to open an entirely new field of study. His most recent work has focused on relations between the marine environment and American cultural history.
Local police may be finding themselves on the frontlines of domestic counter-terrorism if a program launched recently by the Los Angeles Police Department is adopted in other large cities. Since 9/11 the government has tried to engage local police to do their counter-terrorism work for them, collecting so-called street level intelligence about suspicious activities that might predict another attack.
So far it hasn’t worked out that way. But an LAPD official has devised a possible solution that the LA Times calls “so cheap, so easy to implement and so innovative†that officials in DC are thinking of making it a national model for all police departments. What are the implications of the implications of having local police become intelligence officers. Jim Lafferty, Executive Director of the Los Angeles National Lawyers Guild says to start, many people may find themselves on more lists.
The Iron Heel, written by Jack London was one of the first dystopian novels chronicling a growing police state in the US. Part of the Iron Heel is also newly published in a reader titled The Radical Jack London, edited by Jonah Raskin. Reviews say that Jonah shows London to be America’s leading revolutionary writer at the turn of the twentieth century. Today we are joined in studio by Jonah Raskin and will examine comparisons of what London sets forth in his novel to what has happened to the United States since 9/11.
London set out to travel as a hobo by train, eventually arrested in Erie County, New York and spent time in a penitentiary. He wrote “The Road” which inspired Jack Kerouac. He spoke to bankers and businessmen about socialism and revolution. While wanting to meet the charismatic writer, the businessmen had listened but eventually responded, “we’re going to crush you.” London was a socialist, artist and propagandist.
For nearly eight years, President Bush and Vice President Cheney have manipulated and lied to the U.S., and not without the help of Congress and the mainstream media. Here on Law and Disorder we’ve been with listeners during 4 of those 8 years, chronicling the injustices of the “global war on terror.” Now, in this late stage of the Bush/Cheney administration, Ohio Congressman Dennis Kucinich is pushing for impeachment. Last week the house voted 238 to 180 to send a single article of impeachment to the Judiciary Committee. The same committee that stopped Kucinich’s impeachment effort is allowing a hearing on Bush’s reasoning for taking the country to war in Iraq. In Kucinich’s words it is quote “deceiving Congress with fabricated threats of Iraq WMDs to fraudulently obtain support for an authorization of the use of military force against Iraq.” Kucinich: citizen petition.
If this article of impeachment is tabled, Kucinich says he would then begin to propose other articles. There are 35 articles of impeachment, among them are:
Misleading Congress and the American People About Threats from Iran, and Supporting Terrorist Organizations Within Iran, With the Goal of Overthrowing the Iranian Government
Falsifying Accounts of US Troop Deaths and Injuries for Political Purposes,
Illegal Detention: Detaining Indefinitely And Without Charge Persons Both U.S. Citizens and Foreign Captives, 4. Violation of the Posse Comitatus Act,
Rendition: Kidnapping People and Taking Them Against Their Will to “Black Sites” Located in Other Nations, Including Nations Known to Practice Torture
House Judiciary Chairman John Conyers Jr. told Congressional Quarterly, “We’re not doing impeachment, but he can talk about it.†Kucinich says holding George W. Bush and Dick Cheney accountable now, could prevent an attack on Iran.
Members of the Bush administration may soon be questioning if they will be prosecuted for war crimes. George W. Bush and other senior officials have enjoyed years of immunity from criminal lawsuits but, once out of office, they can be held accountable.
Bugliosi: Will U.S. State Attorney Generals and District Attorneys do the right thing?
In his latest book, The Prosecution of George W. Bush for Murder, Vincent Bugliosi lays out the legal framework of a meticulously researched case that puts George W. Bush on trial in an American courtroom for the murder of nearly 4,000 American soldiers fighting the war in Iraq.
One strategy in The Prosecution of George W. Bush for Murder is to establish jurisdiction in the cases for Attorney Generals in each state and also the approximately 900 district attorneys in the counties of those states. Bugliosi says it’s not unreasonable to believe that at least one prosecutor will be courageous enough to step up. Bugliois says, one of the key pieces of evidence to prosecute George W. Bush is the Manning Memo from January 31, 2003.
Manning Memo: In March 2003, Bush said that if Saddam Hussein did not give up his weapons of mass destruction, Iraq would face war. But earlier, in a January 31 closed-door meeting, Bush told his British buddy Tony Blair that the attack would take place even if no WMDs were found. Indeed, George and Tony candidly conceded that the discovery of such weapons was unlikely. This deliberate deception is revealed in a confidential five-page memo written by David Manning, Blair’s top foreign-policy advisor, who was at the meeting. Manning records that both Bush and Blair were uptight that the WMDs were not going to be found, so George W offered another fabrication to give them an excuse to attack. He suggested that the U.S. would paint one of our own surveillance planes in the colors of the United Nations and fly it over Iraq, hoping that Saddam would be provoked into shooting it down. Then the U.S. and Brits could invade, claiming that they were retaliating for Saddam’s attack on the UN.
Bugliosi: Points To Consider
While young soldiers age 18, 19, who never had a chance to live out their dreams, were getting blown to pieces in Iraq. Bush was having a lot of fun and enjoying life to the very fullest.
Juxtaposing Hussein with 9/11 – then saying later Hussein was involved in a terrorist relationship with Al-Qaeda. Al Qaeda was trained in Iraq in making bombs and poison.
The white paper that congress saw never had the intelligences of the 16 US agencies, that Hussein was not an imminent threat. Opinons were changed into facts while dissenting opinions deleted.
