Law and Disorder July 28, 2008

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House Judiciary Committee Hears Impeachment Resolution.

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.

  1. Conyers Tries To Kill Impeachment Hearings Before They Start.
  2. Impeachment Hearing? – Do Not Accuse, Do Not Name Names, Do Not Say Impeach.
  3. CSPAN Coverage: Watch Impeachment Hearings.

Guest – Ohio Congressman, Dennis J. Kucinich

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The Prosecution of George W. Bush for Murder.

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.
  • George Bush took 908 days off / about 36 percent of his presidency.
  • 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.
  • You have troops over there in Iraq fighting thinking that its payback time … so you have this grotesque spectacle.
  • 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.

Guest – Vincent Bugliosi, former prosecutor and bestselling author of many books including The Prosecution of George W. Bush for Murder.

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Law and Disorder July 21, 2008

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Update: Canadian Rendition Victim Maher Arar

Last month, in the Maher Arar case, the Federal Court of Appeals ruled a 2-1 majority refusing to hold US authorities accountable for complicity in torture abroad. As Law and Disorder listeners may remember, Maher Arar, a Canadian citizen, traveling back to Canada, was picked up at JFK airport in 2002, detained in solitary confinement for 2 weeks by the US government then deported to Syria where he was interrogated and tortured. Cases involving diplomatic assurances in North America.

Last year, a Canadian commission of inquiry cleared Arar of any links to terrorism and he was given a 10.5 million dollar settlement. Since then, the United States refused to clear his name and now this majority decision rules that his constitutional claims can not be heard in federal court for two reasons. The first reason was based on national security, the second because Mr. Arar, a dual citizen of Canada and Syria, does not have constitutional, due process rights.

Guest – Maria LaHood, Attorney with the Center For Constitutional Rights.

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Deepening Economic Crisis: How Deep, Where Is It Headed, Who is Accountable?

To many, the recent economic downturn could be a rough patch to a full collapse as a financial crisis hits the nation’s markets; add in that the United States is nine months into a significant acceleration in expected energy and food price increases. The distressful interaction is known as a “scissors crisis” among economists. We’ll also discuss the economic sub-genres, such as Military Keynesianism, GWOT spending, and housing markets. This, while Californians made a run on IndymacBank, the biggest bank crisis since 1984. Indymac was started by three former high level people from Countrywide.

Quote: “Even though Iraq is a bad idea, the value of the US military to this country is rising not falling.”

Guests – Rick Wolff, Professor of Economics at University of Massachusetts at Amherst Rick teaches at the Brecht Forum and the New School in New York City. (Read Rick’s article, Economic Blues in the Monthly Review)

Max Fraad Wolff , freelance researcher, strategist, and writer in the areas of international finance and macroeconomics. Max’s work can be seen at the Huffington Post, The AsiaTimes, Prudent Bear, SeekingAlpha and many other outlets.

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Law and Disorder July 14, 2008

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Abu Ghraib Torture Lawsuits Target Military Contractors in US Courts.

Four former Abu Ghraib detainees are suing two U.S. military contractor corporations and three individual contractors. The four were wrongly imprisoned, tortured and later released without charge. According to the complaints, the defendants abused detainees physically and mentally and then destroyed documents, videos and photographs; prevented the reporting of the torture and abuse to the International Committee of the Red Cross. They actually hid detainees and other prisoners from the Red Cross; and misled non-conspiring military and government officials about the state of affairs at the Iraq prisons.

The defendants are CACI International Inc. and CACI Premier Technology, Inc., of Arlington, Va.; L-3 Services Inc., an Alexandria, Va.-based division of L-3 Communications Corp. and three individual contractors, Adel Nakhla, of Maryland, Timothy Dugan, of Ohio, and Daniel Johnson, of Seattle.

Guest – Attorney Susan Burke with Burke O’Neil LLC.

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ACLU To Prevent Deportation Of Egyptian To Torture

The American Civil Liberties Union and ACLU of Pennsylvania challenged the government’s efforts to deport an Egyptian torture victim of Sameh Khouzam. The government claims to be relying on unreviewable “diplomatic assurances” from Egypt that it will not torture him upon his return. Last January, in the first decision of its kind, a federal district court sided with the ACLU and ordered the government to stop the deportation of Sameh Khouzam based on such secret and unreliable promises and release him under conditions of supervision.

However, the Bush administration appealed this ruling, claiming that the executive branch has unfettered authority to deport Khouzam and to detain him indefinitely pending his legal proceedings. Khouzam, a Christian who came to the United States in 1998 fleeing religious persecution in Egypt and a charge of murder, was granted protection from deportation under the Convention Against Torture (CAT) in 2004. This after a federal appeals court found that he would likely be tortured if sent back to Egypt.

Guest – Lee Gelernt, senior staff attorney with ACLU who is working on Sameh’s case.

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US Soldiers Lose Haven in Canada

Last week, Courage to Resist, Veterans for Peace, and Project Safe Haven took to the streets of major US cities in a national day of action. Recently, the Canadian Federal Court sided for the first time with a US war resister, disagreeing with the Immigration and Refugee Board decision and ordering a re-hearing for military deserter Joshua Key, his wife Brandi, and their four children.

Josh Key moved to Canada during a 2 week leave from the Army. On July 4th, 2008, Joshua Key won a Federal Court appeal thus forcing the Refugee board to re-examine his asylum claim of conscientious objector and Iraq war veteran. The court ruled that Key had been forced to systematically violate the Geneva Conventions as part of his military service in Iraq and that such misconduct amounts to a legitimate refugee claim.

In another case, former National Guard soldier Corey Glass of Fairmount Indiana is facing deportation from Canada. He was recently told that his application to stay in Canada for “humanitarian and compassionate” reasons has been rejected. This, as Pentagon officials suggest he has been discharged and the U.S. Army is not seeking to persecute Glass. But Glass’ lawyer, Alyssa Manning of Parkdale Legal Community Services, says the reports are untrue. Manning says quote “He would be a felon, he’d be criminally inadmissible to Canada; he’d potentially be imprisoned as well as subjected to non-traditional punishment such as ‘hazing’ (within the military)

Canada: Abide by resolution – Let U.S. war resisters stay!


Guest – Matthis Chiroux with Iraq Veterans Against the War.

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Law and Disorder June 23, 2008

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Brecht ForumCitizen Soldier and Anti War GI’s

We hear excerpts from speeches at the Brecht Forum by our own Michael Smith and Citizen Soldier’s Tod Ensign. The anti-war soldier panel started with Michael Smith describing his work defending anti-war GI’s at Ft. Jackson, South Carolina and the formation of the GI Civil Liberties Defense Committee.

Anti-war GI’s were pivotal to the movement’s success. The growing protests from within the U.S. military today echo the Vietnam War soldiers experience. The panel discusses the role of anti-war GI organizing in the anti-war movements from 1917 to 1968 and to the present.

Tod Ensign is also the co-coordinator of the Different Drummer Café at Fort Drum. A meeting place for soldiers who get immediately deployed to battle after training at Fort Drum. The cafe promotes the free and uncensored exchange of ideas and information among active duty and reserve military personnel and civilians. This includes, issues of war and peace, foreign policy, the military mission of our soldiers both at home and abroad, and the proper balance between the rights of citizen soldiers and military authority in a democratic society.


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World Day in Support of Victims of Torture: Left Forum 2008 – Torture and the Decline of the American Empire. Professor Alfred McCoy Part I

There are several significant events surrounding the US policy on torture taking place this week. Already last week, the US Senate Committee on Armed Services held hearings on the origins of aggressive interrogation techniques. Among the events this week is the fifth session of the United Nations Committee against Torture, Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Geneva.

Amnesty International releases a report on torture and unfair trials in Tunisia’s war on terror, Amnesty International’s Guantanamo prison cell replica opens to the public in Washington, DC, through Sunday, June 29 and there is also the World Day in Support of Victims of Torture.

Professor Al McCoy, author of A Question of Torture, delivers a powerful speech on the history of torture in the United States. This is from this year’s Left Forum on a panel titled, Torture and the Decline of the American Empire. Moderated by our own Michael Steven Smith.

Law and Disorder June 2, 2008

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War Inc.

A radical new satire on U.S war profiteering in Iraq debuted last month. The movie is called War Inc., written by John Cusack and Jeremy Pikser. War Inc. is described as bringing to the screen what Naomi Klein has done in print. In Jeremy Scahill’s review, he writes quote “With 630 corporations like Blackwater and Halliburton on the US government payroll in Iraq getting 40 percent of the more than $2 billion Washington spends every week on the occupation, Cusack’s “futuristic” film is not far from the way things really are. The film stars John Cusack as Brand Hauser, a hit man for hire who is deployed to Turaqistan to a kill a Middle Eastern oil baron.

Guest – Jeremy Pikser, co-writer of the film War Inc., he’s also the co-writer of Bulworth and just finished a screenplay about the CIA coup that overthrew the government of Guatemala in 1954.

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National Lawyers Guild Urges Israel To Permit Richard Falk To Enter Israel

Professor Richard Falk is the recently appointed Special Rapporteur on Human Rights in the Palestinian Territories for the United Nations High Commissioner for Human Rights who has been barred entry to Israel. He’s Professor of International Law at Princeton, will be the Council’s special investigator of Israeli behavior in the territories and this has incited furious objections from Yitzhak Levanon, the Israeli ambassador to the U.N. in Geneva.Falk replaced South African John Dugard, a veteran anti-apartheid activist. Falk is also a member of the Editorial Boards of The Nation and The Progressive. He’s the author of many books including Crimes of War: Iraq

Guest – Richard Falk, Professor Emeritus of International Law at Princeton University and Visiting Distinguished Professor in Global and International Studies at the University of California, Santa Barbara. His books include Religion and Humane Global Governance; Human Rights Horizons; On Humane Governance: Toward a New Global Politics; Explorations at the Edge of Time; Revolutionaries and Functionaries; The Promise of World Order; Indefensible Weapons; Human Rights and State Sovereignty; A Study of Future Worlds; This Endangered Planet; coeditor of Crimes of War.

Law and Disorder May 19, 2008

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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.