Law and Disorder April 16, 2012

Updates:

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Truth and Consequences: The U.S. vs. Bradley Manning

In the past year, we’ve covered Wikileaks and specifically the Bradley Manning case in our updates.  We talk today with Greg Mitchell co-author of the new published book, Truth and Consequences: The U.S. vs. Bradley Manning.  In the first part of the book titled Solitary Man, Greg Mitchell gives readers a detailed look into the character of Bradley Manning. The second part of the book details the Bradley Manning trials written by co-author Kevin Gosztola.  Hard journalism let the voices of friends and family document the important details in Manning’s life leading up to Wikileaks and then the book dives into the complexities of the trial. In the preface Greg writes “Ultimate truths, in this case, may lead to ultimate consequences for one who would not be silent.

Greg Mitchell:

  • The second half of the book is really the only thing out there that covers in depth what has happened to him in the last few months.
  • Namely his court martial proceedings after he was imprisoned for a year and a half. His first hearing was last December.  He is awaiting what is expected to come out as a formal court martial in August. If it does start in August, it will be well over 2 years since he was arrested.
  • A lot of the charges are related to passing along to Wikileaks, this classified secret information. Course the most dynamite charge is that he gave aid to the enemy.
  • Who is the enemy? The government was forced to say that it was Al-Qaeda. That charge potentially carries the death sentence.
  • They’re interested in punishing Manning, the big fish they’re after is Julian Assange.
  • Last year there was global outrage when he was kept in solitary confinement, being forced to sleep naked, and stand at attention naked.
  • All the top media outlets had a falling out with Wikileaks, and I think there’s a spill over from that.
  • There hasn’t been any media coverage that really probes into what’s going on here.
  • Over and over he (Bradley Manning) cited his outrage at what he was seeing in those cables and in Iraq, and things he was asked to participate in.
  • The court martial will be extremely embarrassing to the military because they gave him access to these documents.
  • He was a kid who grew up in Oklahoma, his parents eventually got divorced. He was a computer nerd, growing up. He realized in his teens, he was gay.
  • He wasn’t a longtime peacenik or things like that, he always had some social conscience, and when he got to Iraq, he saw things that upset him.
  • It may have never come out, that he would be arrested, except that he had these online chats with Adrien Lamo, who is a convicted hacker. Lamo decided Manning was talking too much about what he did and went to the authorities.
  • The Manning case shows this incredible legacy of our wars in Iraq and Afghanistan, which have gone on for a decade, its never ending and yet the American public has never been brought face to face with what the US has done in those countries, civilian casualties.

Guest – Greg Mitchell writes daily for The Nation magazine’s web site.  He is the author of more than a dozen books, including The Campaign of the Century (winner of the Goldsmith Book Prize), So Wrong for So Long: How the Press, the Pundits and the President Failed on Iraq,  Why Obama Won, Tricky Dick and the Pink Lady, The Age of WikiLeaks, and with Robert Jay Lifton, Hiroshima in America and Who Owns Death?   His most recent books are Atomic Cover-up and Journeys With Beethoven.   He was the editor of Editor & Publisher from 2002 to 2009.  He also served as longtime editor of Nuclear Times magazine, and before that was senior editor at the legendary Crawdaddy.  Hundreds of his articles have appeared in leading publications and he has served as chief adviser for two award-winning documentaries.

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Lawyers You’ll Like – Attorney Natsu Saito

For our Lawyers You’ll Like series, we welcome back attorney and professor Natsu Saito. In our last interview, Professor Saito mentioned how the current system of international law evolved from the a broader agreement between the European colonial powers based on how they were not going to destroy each other in the process of taking over the rest of the world. It is this duality that Natsu writes about in her book Meeting the Enemy: American Exceptionalism and International Law.  Professor Saito joined the College of Law faculty in 1994 and teaches international law, human rights, race and the law, immigration, criminal procedure, and professional responsibility. Her scholarship focuses on the legal history of race in the United States, the plenary power doctrine as applied to immigrants, American Indians, and U.S. territorial possessions, and the human rights implications of U.S. governmental policies, particularly with regard to the suppression of political dissent.

Professor Natsu Saito:

  • The duality that the US does exempt itself (from international law) very consistently and very frequently and yet promotes international law very strongly and relies upon it.
  • It has relied upon certain premises that are fundamental to the whole outlook and paradigm of colonialism – which is that there is a higher good, a more civilized approach the US embodies.
  • The law doesn’t apply because we have a higher aim of civilization and that justifies not playing by the rules.
  • The United States making others comply with human rights standards while exempting itself
  • Moving humanity toward this higher goal is so critical because if you strip that away and you look at the realities on the ground, you see what has been termed Western civilization has been incredibly barbaric.
  • In order to get around that analysis, you have to say it was for a higher good.
  • I think the “left” tends to accept the general framework, and to make particular criticisms of policies and practices that are obviously problematic. The US government engaging in torture for example, but each instant is accepted as anomalous instead of the larger picture.
  • It is too frightening even for the people on the left to deal with the reality that this is a country that sits on occupied land, illegally occupied by its own rules. People on the left want to make it a kinder, gentler colonialism.
  • I started out thinking I was writing a book about the failure of the United States failure to comply with international law, as I got into it, the more interesting questions were the push / pull dynamics between reliance on international law
  • The current system of international law evolved from the international law which was the agreement between the European colonial powers of how they were not going to destroy each other in the process of taking over the rest of the world.

Guest – Professor Natsu Saito, Department of Ethnic Studies, University of Colorado. Co-Sponsors: UCI Department of Asian American Studies; UCI Department of Planning, Policy, and Design; UCI Department of Criminology, Law and Society; The Center for Unconventional Security Affairs; The Center for Research on Latinos in a Global Society. Legal scholar Dr. Natsu Saito delivered a lecture on homeland security. Her lecture examined the implications of the USA Patriot Act on Civil liberties for immigrant groups and for the rest of the population

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Law and Disorder September 12, 2011

Updates:

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.


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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Law and Disorder August 8, 2011

A People’s History of the Egyptian Revolution

Egypt’s revolution didn’t suddenly happen overnight, there was long important history. Beginning with Egypt and Israel signing the Camp David Accords in 1979 Egypt was rewarded with billions in US military aid that paved the way for neo-liberal style policies under Hosni Mubarak.  By 2000, the first signs of widespread opposition started in solidarity with the Palestinian Intifada. The protests centered around poverty, corruption and need for democracy.  A second wave of mass opposition ignited in 2003 in response to the US invasion of Iraq and Egypt’s support for the war.  Then the April 6 movement rose in 2008, protesting against rising food costs and low wages. By 2010 social media and blogs were outlets for organizing and dissent.

Guest – Co-writer of the article and founder of Left Turn Magazine Rami El-Amine.
Guest – Activist Mostafa Henaway who also contributed to the article A People’s History of the Egyptian Revolution.

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Former U.S. Attorney General Ramsey Clark on War of Aggression in Libya

As many listeners know, the military operation in Libya is not a humanitarian intervention, it is part of the global war and effort to militarize North Africa.  The Chinese have sizable interests in Libya in the battle for oil. Meanwhile, the Gaddafi leadership has continued to function despite the NATO bombing campaign in the last four months and the loss of significant parts of the the country. Congresswoman Cynthia McKinney had recently returned from a fact finding mission in Tripoli during a time of intense bombing.  She has organized speakers to discuss how billions are spent in this military operation while we’re being told there are no funds available for jobs, health care and education. Former US Attorney General Ramsey Clark was among the speakers, he’s been following the US and NATO involvement in brutal attempts to overthrow the Gaddafi government.

Attorney Ramsey Clark:

  • The reality is that its a war of aggression, which the Nuremberg charter and judgement defined as a supreme international crime.
  • What we’ve done is used the appearance of a civil war, people rising up against their own government, to wage a massive assault. – really unrelated to their activities, the first place we hit was Tripoli, they were no where near Tripoli and we bombed the daylights out of it.
  • The bombing is spreading away from the compound, its hitting areas outside of the city.  Interesting to note, people are still fleeing from Iraq to Syria. It’s safer in Syria, we read in our newspapers it’s violent in Syria.
  • If you go back to Rwanda, and remember how everybody was outraged afterward but nobody intervened.
  • A clearer illustration is what’s happening in the Democratic Republic of Congo, where hundreds of thousands of people have died and are dying by armed troops. Nobody bothers to intervene.
  • What you do is, you want to go in anyway, you use humanitarian intervention as justification.
  • The poor Congress is defaulting on its responsibility. The military budget exceeds all of the civilian budget. They can gloss over it but until we address the issue of US military expenditures, our country will be a threat to peace in the world.
  • We spend more on the military then the rest of the world combined.  It’s almost impossible to think that the United States will curtail its foreign aggressions, while the military expenditures are at what they are.
  • We’ve got in the Pacific Ocean today, 8 Trident nuclear submarines, the cost is enormous each one carries 140-145 nuclear warheads, anyone of which can destroy the biggest city in the country and go beyond it, their largest warhead will leave a crater with a 25 mile diameter.
  • Hard to sleep in Tripoli and other places that are under direct attack by us.
  • We tolerated him for 40 years while he created the highest standard of living in all of Africa. Highest per capita income, highest levels of education.  Health care and more public housing then they can use for their own citizens. – almost enough for their foreign labor. He doesn’t submit to the will of the United States.
  • Sub-Sahara Africa primarily, all the places on Earth are dying.  It’s not just the conditions of weather in East Africa, but everyplace you go, structure’s crumbling. The chaos seems to be spreading and we seem to prefer it.
  • Rebel Forces: It’s a group that doesn’t always know each other and doesn’t always like each other.
  • We took out all of Gaddafi’s planes which was easy to do. It’s easy to hit his armor.
  • They’ve held their own against the might of West Europe and the United States for months and months.
  • We (U.S.Government) agreed to pay without admitting liability 300 million dollars for the people killed in 1986 by our bombing.
  • People have to organize and rise up. I don’t think we’re going to get anything accomplished as far as peace and reduction of US militarization except by an enormous demand by the people.
  • We can cut 90 percent of the military spending in my opinion and be safer, and not be engages in all these interventions – which we can’t handle anymore.

Guest – Attorney Ramsey Clark was the former Attorney General of the United States, under President Lyndon B. Johnson. He was 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 important critic of the Vietnam War and continued defending the rights of people worldwide, from Palestinians to Iraqis, to anyone who found themselves at the repressive end of government action.

National Lawyers Guild Lawyers Victorious in Internet Free Speech Case

At a 2008, Sunday Service at the Mount Hope Baptist Church in Lansing, Michigan, members of the queer rights group Bash Back! disrupted the service to protest anti-gay policies. Months later, the church and the Alliance Defense Fund, a reactionary Christian nonprofit organization, sued Bash Back! and 15 named activists under the Freedom of Access to Clinic Entrances Act. The church and Defense Fund subpoenaed identifying information in an attempt to find out the protesters’ identities; Risup.net, a provider of online communication tools for individuals and groups working for social change, was the only email provider to challenge the subpoenas. Federal judge Richard A. Jones ruled that Riseup.net did not have to turn over the records, finding that “the Users’ First Amendment right to speak anonymously online outweighs Mount Hope’s right to discovery.” National Lawyers Guild members Larry Hildes of Bellingham, Washington, Devin Theriot-Orr of Seattle, and Mark Sniderman of Indiana successfully defended several activists who received subpoenas from Mt. Hope Baptist Church demanding they turn over their internet account records.  Once again, this shows how readily corporations share private personal data on activists with the government or other private entities.

Attorney Larry Hildes:

  • This church is particularly virulent with their ministry aimed at turning gay people straight.
  • The group picketed outside and tried to pass out leaflets inside.  Two women ran to the front of the sanctuary and kissed each other at the alter.
  • Mount Hope Baptist Church called the police. The police showed up and said there’s no criminal activity here.
  • The Alliance Defense Fund, a huge fundamentalist law firm and fund raising empire in Scottsdale, Arizona contacted the church and said we’ll take on your case.
  • They sued the Bash Back folks under the “Faith Act”  – Freedom To Access To Clinics Act. They sued them and settled for 2500.00 and a consent decree that they would never disrupt a religious service in the United States again.
  • In the meantime they went to look for anyone connected with Bash Back in any way. They went to Yahoo and subpoenaed records from list-serves and Yahoo without telling anybody gave them what they wanted.
  • Then they went after RiseUp and RiseUp prides themselves on two things, the internet voice of the left and privacy for their subscribers.
  • Riseup attorney Devin Theriot-Orr outlined the internet case law, there is some good law.
  • In order to engage in free speech you need to have some degree of security and safety that your privacy is going to be protected otherwise, it chills the climate so that very few people are going to be able to take that risk.
  • The victory is that there is a first amendment right to be on a list-serve of a group, even a group whose actions can be seen as civil disobedience or illegal. Your information is still protected and private and the Freedom of Association Privilege goes to that.
  • We were awarded by the court 28 thousand dollars in fees.

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Attorney Devin Theriot-Orr:

  • I’m the pro-bono lawyer for RiseUp.net. The identity information of subscribers is protected by a longstanding precedent going back to 2001.
  • Obviously the first amendment has its limits, you can’t speak anonymously about threatening to kill people.
  • One of the caveats of the first amendment is that if you have a bona fide law suit and you’re  trying to uncover the identity of the defendants there’s a whole balancing test to go through before you should be able to identify the defendants.
  • They also provided identical subpoenas to Yahoo and Google, and even though these companies are located in silicon valley with very good federal benches, and they’re in the ninth circuit, its kind of amazing to me that other companies don’t take a stronger stance to protect their users privacy.
  • We’re hoping this is a warning to overly zealous attorneys who are abusing discovery process.

Guest – Attorney Larry Hildes, National Lawyers Guild attorney in the case, Bellingham Washington.

Guest – Attorney Devin Theriot-Orr,  National Lawyers Guild attorney in Seattle and pro-bono attorney for RiseUp.net.

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Law and Disorder July 18, 2011

Updates:

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The People’s Lawyer:  The Center for Constitutional Rights and the Fight for Social Justice, From Civil Rights to Guantánamo

The People’s Lawyer by author and Guild writer Albert Ruben, is the first comprehensive history on the Center For Constitutional Rights and tells the Center’s story from the civil rights era to today’s legal battles on habeas corpus, torture and Guantanamo Bay Prison. The book highlights critical legal fights taken on by CCR revealing innovative tactics that have evolved within the radical organization. Albert Ruben points how the Center for Constitutional Rights continues to fight with the same spirit, audacity and courage it was founded with.  As many listeners may know, CCR has been an important corner stone to this radio show because our own Michael Ratner has been with the Center for 4 decades.

Albert Ruben:

  • The founders (of CCR) were 4 in number. They were Arthur Kinoy, Morton Stavis, Bill Kunstler and Ben Smith. Smith was a Southerner, he had an office in New Orleans, and Stavis, William Kunstler, and Arthur Kinoy were northerners who were working for civil rights in the South.
  • They were all working their separate beats, they all knew each other and were in communication about the work they were doing. They decided that they needed something, primarily financially, to keep their work going.
  • So they got in touch with a lawyer they all knew with financial means named Robert Boem. They incorporated it in New Jersey, and it became ultimately the Center for Constitutional Rights.
  • They had a very small office at the beginning with one lawyer in Newark.
  • The anti-war movement, the McShirley Case. It threw the Center into the government misconduct orbit. It was in the course of litigating that the Center became aware that the Federal Government was not going to be on the side of the angels.
  • (From Wikipedia)  Dombrowski alleged that members of his organization, the Southern Conference Educational Fund, were subjected to continuous harassment, including arrests without intent to prosecute, and seizures of necessary internal documents. Furthermore, the State was threatening to use anti-subversion statutes to prosecute the organization, which was a group of Southern liberals dedicated to fighting for civil rights for Blacks in the South.
  • The Dombrowski case, allowed the Center and a lot of lawyers to use that decision to challenge cases that brought against civil rights attorneys and a lot of people who were working in the South and caught up in state laws, that were using anti-red laws to take them out of state courts and bring them into federal courts.
  • So, the Center lawyers were very acutely aware that they had on their side the federal courts. What happened with McShurley, was that it overturned that faith in the federal court system. The case led the Center to realize that government misconduct was an area that would be of interest. They could no longer count on federal court to be their allies.
  • There were women on the staff of the Center who were both Center lawyers as their occupation but they were also women, and as women they were caught up in the womens movement. They brought the two together.
  • It was the early days of the womens movement.  The Center didn’t see itself as a place that would take on criminal law, it was more of a movement organization.  The politics of the founders were central to their beings. They made their politics guide them in whether a case was something that they should adopt.
  • Part of the Center for Constitutional Right’s mission was educational, that’s not understood I think.

Guest – Albert Ruben, screen and television writer and has served as an officer of the Writers Guild of America East.

TO END ALL WARS: A Story of Loyalty and Rebellion 1914-1918

We welcome returning guest Adam Hochschild, historian and author of the new book TO END ALL WARS: A Story of Loyalty and Rebellion 1914-1918. In the book, Hochschild has focused on the antiwar movement in Great Britain. Near the beginning of World War I, 20 thousand British men refused the military draft on principle, others were conscientious objectors and nearly 6 thousand of the men were sent to prison.  Hochschild relied on personal letters, diaries and memoirs to assemble this unique historic report on Britain’s powerful anti-war movement. The book also unearths how anti-war activists were monitored constantly by civilian and military intelligence as agent provocateurs bragged about their accomplishments. To End All Wars is a compelling account of the heroic anti-war struggle while top writers in that period such as Rudyard Kipling and H.G. Wells, contributed rhetoric to support the war propaganda.

Adam Hochschild:

  • I always like to think we can learn things from history.  I think you learn to be inspired by people who stuck to their ideals, even in very difficult times,
  • I thought it would be a challenge to write a book centering around people who I admire tremendously although they lost, the cause that they were struggling for. I’ve always been fascinated by the first World War, which remade the world for the worst in every conceivable way and killed around 20 million people in the process.
  • I’ve been particularly struck by those resisted that war on both sides, who said this war is not worth these millions of lives and we’re not going to fight.
  • I wanted to talk about 2 different people in this war, the generals who fought this terrible war filled with illusions, that the next battle would bring a great victory, and then I was also fascinated by these pacifists and war resistors.
  • 20 thousand men of military age, refused to go into the British Army.  The largest outright refusals in any of the warring countries.  Of that number many of them accepted alternative service under conscientious objector. Driving ambulances, or work in war industry factory.
  • Many men refused that and more than six thousand went to prison.
  • Aggression among Germany and Austria-Hungary did really ignite the war. You can’t really say its a war between good guys and bad guys, because the allies at first were Britain and France allied with Russia. The absolute last remaining monarchy in Europe.
  • Wonderful trilogy of novels by Pat Barker, The Eye In the Doors.  Had I been alive in that time in 1917, I would like so many people did at that time, who greeted the Russian Revolution with enormous hope.
  • I guess I’m thinking more than anything else, of the way the first world war, made the second world war almost certain.  There was something about the way the war ended that gave rise to bitterness and the Nazis in Germany.
  • Right up to the very last minute, the German people were fed a diet of totally triumphant propaganda.
  • Eugene Debbs got up of his sick bed to do a speaking tour against the war. The Wilson administration charged him with subversion, he was still in prison when got nearly a million votes for president of a Socialist party ticket.
  • Illusion that the war is going to solve more problems than it causes. Another illusion is that it will be over quickly, you remember George Bush on the aircraft carrier.

Guest – Adam Hochschild, award-winning author and journalist who has written for The New Yorker, Harper’s, The New York Review of Books, and The New York Times Magazine. His books, King Leopold’s Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa (1998) and Bury the Chains (2005) were finalists for the National Book Award and have won numerous other prizes. Hochschild teaches narrative writing at the Graduate School of Journalism at the University of California at Berkeley.

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Law and Disorder May 9, 2011

Updates:

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Guantánamo Leaks Must Be Met By Release of Obama Task Force Assessments

The 759 Guantanamo files that were classified “secret” cover nearly every inmate since the camp opened in 2002. The documents obtained by the New York Times and the Guardian last month, reveal how children, the elderly and mentally ill were wrongfully held. The documents also reveal that many prisoners were sent to Guantanamo for nearly nothing or to be interrogated. What did these documents reveal?

Attorney Shane Kadidal:

  • These stories started on Monday morning, because administration officials gave out a briefing saying that the nickname of Osama’s couriers was given out by one of the detainees.
  • Assuming information taken from Khalid Sheikh Mohammed
  • We do know it took eight months from the time they identified this compound to the point they decided to strike at it.  I think its clear, they relied on a whole slew of information from a variety of sources.
  • We already know the true name of the courier, which is more important than a nickname came from agents on the ground and electronic surveillance.
  • 172 detainees, 90 cleared from release, 2/3 of those from Yemen have been indefinitely suspended for repatriation because of the “underwear bomber.”
  • The problem is so much of (media) attention is focused on the ones that will never be released.
  • WikiLeaks – 2400 pages of documents almost all risk assessments of about 740 detainees who’ve been to Guantanamo
  • They represent the Defense Departments best case for detaining someone.
  • You have these long analysis of very shady facts, not detailing where allegations are coming from.
  • If you look at the documents as a whole, it shows that most of the detainees were held on flimsy, unreliable information.
  • The documents show that people were interrogated in GTMO about nothing to do with terrorist attacks in the United States. You had Samuel Hodge interrogated about the inner workings of Al-Jazzera
  • Everyone ended up with the categorization of high or medium risk
  • When you see a leak of this magnitude, the only corrective is to release more information and that’s what we’ve called for at CCR.
  • The government quickly emailed us – They said consistent with the security clearances you signed on for, you have to treat this information as classified (leaked documents) even though its been scattered to the winds on every newspaper on Earth.

Guest – Attorney Shane Kadidal, senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights in New York City. He is a graduate of the Yale Law School and a former law clerk to Judge Kermit Lipez of the United States Court of Appeals for the First Circuit. In his eight years at the Center, he has worked on a number of significant cases in the wake of 9/11, including the Center’s challenges to the detention of prisoners at Guantánamo Bay (among them torture victim Mohammed al Qahtani and former CIA ghost detainee Majid Khan), which have twice reached the Supreme Court, and several cases arising out of the post-9/11 domestic immigration sweeps.

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Green Is The New Red: An Insiders Account of A Social Movement Under Siege

We welcome Will Potter award-winning independent journalist and now the leading authority on “eco-terrorism.” He’s the author of the new book ,Green Is the New Red: An Insider’s Account of a Social Movement Under Siege, and it reveals a complex environmental movement emerging amid police state pressure. As we’ve reported here on Law and Disorder, environmental activism have been labeled terrorism under certain interpretation of the Patriot Act, essentially criminalizing dissent and chilling free speech in this country at a critical time.  Our guest was an FBI target for merely leafleting against animal testing, and he was threatened to be put on the domestic terrorist watch list if didn’t comply with FBI demands. We talk more about that, the environmentalist movements and his new book.

Will Potter:

  • My background is in mainstream newspapers. As I was working as a reporter at the Chicago Tribune, about 9 months after 9/11. I was covering breaking news, blood and guts.
  • I decided to go out leafleting on a campaign I became aware of against a controversial animal testing company.
  • Couple weeks later the FBI knocks on my door telling me I need to become a government informant and help infiltrate animal rights and environmental groups and if I didn’t they’d put me on the domestic terrorist list.
  • It scared the tar out of me. I wish I could say it didn’t.
  • Afterward it really lit a fire under me to figure out what was going on.
  • One of the reasons I started the website was because of this new law being considered called the Animal Enterprise Terrorism Act.
  • What I decided to do with the book is tell the personal stories of the people involved.
  • I followed Daniel McGowan a few days before his sentence to how he ended up in this facility, his own journey as an activist. Daniel was convicted of serious crimes, two arsonists that didn’t harm anyone and he was labeled a terrorist.
  • The book looks at the wide range of activity being labeled “eco-terrorism”
  • The FBI has labeled the environmental and animal rights movement the number one domestic terrorism threat.
  • These corporate campaigns were pushed for so long through the courts, politicians, and the press that over time they began to dovetail with government policy.
  • The Animal Enterprise Terrorism Act is so broad it can even wrap up non-violent civil disobedience as terrorism, only if its directed at what is called animal enterprises.
  • The real power of this is fear.
  • The activists who are really effective and pushing the boundary are the ones being labeled eco-terrorists.
  • I recently wrote about 3 bills that are under consideration for the Huffington Post. What Is Big Ag Trying To Hide.

Guest – Will Potter,  award-winning independent journalist based in Washington, D.C., who focuses on “eco-terrorism,” the animal rights and environmental movements, and civil liberties post-9/11. Will’s work has appeared in publications including the Chicago Tribune, the Huffington Post, and the Vermont Law Review, and he has testified before the U.S. Congress about his reporting. He is the author of Green Is The New Red: An insider’s account of a social movement under siege forthcoming from City Lights Books.

Law and Disorder March 28, 2011

Updates:

“Operation Libya” and the Battle for Oil: Redrawing the Map of Africa

The US and allied air strikes on Libya will have far reaching geopolitical and economic implications. Libya is the among the world’s largest oil economies with near 3.5 percent of global oil reserves, twice that of the United States. What’s going here? As Professor Michel Chossudovsky writes in his article “Operation Libya” and the Battle for Oil: Redrawing the Map of Africa.” there is no such thing as a just war. This is part of US imperialism as drafted in the 2000 Report of the Project of the New American Century entitled “Rebuilding Americas’ Defenses.” One of the main components of this military agenda is: to “Fight and decisively win in multiple, simultaneous theater wars”. Libya counts as the fourth theater of war along with Palestine, Afghanistan, Iraq. In all of this the mainstream media has used a massive disinformation in justifying this military agenda.

Professor Michel Chossudovsky:

  • This is not a humanitarian intervention. It is a carefully planned military operation.  This was on the drawing board of the Pentagon, well before the protest movements in Egypt.
  • It is a war theater, and should be viewed in the broader context of the war theater, namely Iraq, Afghanistan and Palestine.  It opens up a new area of militarization in North Africa. It has devastating consequences and is part of a global war.
  • The object of coming to the rescue of civilians by bombing with cruise missiles is an absurd proposition. They’re bombing civilian infrastructure. The same agenda as the previous war theaters, they have a list of targets and go ahead and bomb.  This whole notion of responsibility to protect is nonsense.
  • They’re getting away with it because the media is lying through their teeth.
  • Clearly there are Al-Qaeda elements that are supported by the CIA. Two years ago, the Gaddafi government made a deal with the CIA. We know that Al-Qaeda is an intelligence asset. It can be used precisely to create these conditions of insurrection as occurred in Bosnia and in Kosovo. We have to investigate a little more, who is behind the insurgency.  The insurgency is not there to win a civil war, the insurgency is there to create a pretext for an intervention.
  • I suspect this opposition is heavily divided in any event. Obama has ordered drone attacks in Pakistan.
  • The Chinese have sizable interests in Libya. This is also directed against France and Italy, its France and Belgium that are being shoved out of Central Africa.
  • Libya borders on Niger, its the entry into central Africa. Niger is important because it has large reserves of Uranium, which is in the hands of a French conglomerate.
  • The conquest of Libya is the battle for oil, the same logic as Iraq.
  • I estimated that Muslim countries have about 65-75 percent of global oil reserves. That is why we’re demonizing Muslims, they happen to inhabit.
  • Bahrain and Yemen peaceful protesters getting hit with nerve gas.

Guest – Professor Michel Chossudovsky, director of Global Research.ca , Center for Research on Globalization. An independent research and media organization based in Montreal,  Quebec, Canada.

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Community Service Society Report: Black Youth Unemployment

Unemployment in a jobless economic recovery has hit young African American men the hardest according to a recent report by the Community Service Society. PDF The highest unemployment rate in 2009 was among men 16-24 years of age—their overall unemployment rate hit 24.6 percent during the recession. Breaking it down by race, young black men had the highest unemployment rate in this group at 33.5 percent.  While only one in four black men ages 16-24 have a job in the city, that figure drops to an astounding one in ten for young black men without a high school diploma.

“The recession has created a landscape of the unemployed and underemployed with particular catastrophic consequences for young African American men,” said David R. Jones, president and CEO of the Community Service Society of New York. “We have long known the struggles of the more than 200,000 youth in New York City who are out of work and out of school. Now young black men between 16 and 24 years have become the banner of hopelessness, particularly here in New York City.”

David R. Jones:

  • Those who’ve never made the connection to work or those who’ve ceased trying. We’re talking hundreds of thousands of people involved here. African Americans constitute about a third of New Yorkers.
  • I think people have to recognize we’re in something totally new.
  • At least anecdotally, the Great Depression didn’t have this kind of impact on the black community that this recession is having on them.
  • New York in the Great Depression was a segregated city, were working exclusively in black communities or trades that were circumscribed.
  • You get pullman porters and restaurant work which were the reserves for African Americans before the civil rights movement hit. The homeless of New York were white on Bowery.
  • While we’re seeing a better recovery, the number of long term unemployed is actually greater than New York than other municipalities.
  • The trouble is you start to lose job skills, you lose hope, all sorts of with friends and employment start to disintegrate.
  • We did a report on security guards and I went back to look at it. There are 63 thousand security guards in the city of New York and virtually none of them are unionized, their average wage was $10 an hour, no health insurance, no paid sick leave.
  • New York has an usually high concentration of the working poor.
  • We’ve been focusing all our efforts, in terms of how we deal with poverty on the issue of on this nexus between work and getting to a position where they can support themselves and their families.
  • This is not limited to the South Bronx or Crown Heights, this is a national phenomenon.
  • We know when we did our report on disconnected youth, we had 200 thousand disconnected youth in New York, there were nearly 5 million disconnected youth scattered across the country before the recession.
  • We’re never going to go back, to the unemployment levels that we found unacceptable in New York of 5% again. That we’re going to back down from the 9.5 %.
  • It was always the expectation, if you worked really hard, there’s was going to be a way, sort of a seat at the table here. New York has one of the highest recidivism rates, we’re doing a couple of things, we’re making it impossible to get work,  once you’ve been incarcerated.
  • We are going to get a group of young people who feel betrayed.
  • I think this scapegoating that has taken on a really powerful voice, is partially because people want to blame someone for why they can’t get employment.

Guest – David Jones, President and Chief Executive Officer of the Community Service Society of New York , a nonpartisan, not-for-profit organization that promotes economic advancement and full civic participation for low-income New Yorkers.

Mr. Jones, an outspoken advocate for low-income New Yorkers, writes bi-weekly newspaper columns in the New York Amsterdam News and El Diario/La Prensa and a weekly blog on the Huffington Post website that serve to educate the public and government officials on issues of importance to minority and poor communities.

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