CIA Sponsored Terror, Civil Liberties, Death Penalty, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Prosecution of the Bush Administration, Targeting Muslims, Torture, Truth to Power, War Resister
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Updates:
- Hosts Discuss the Recent Film – Vice
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Philadelphia Judge Rules Mumia Abu-Jamal Can Reargue Case
We are pleased to begin the new year with a major development that might pave the way to freedom for former Black Panther Mumia Abu-Jamal, the award-winning journalist convicted in the 1981 murder of Philadelphia police officer Daniel Faulkner.
In late December, a Philadelphia Common Pleas Court judge ruled that Mumia can reargue his appeal in the case before the Pennsylvania Supreme Court. The decision hinges on a recent Supreme Court Decision with similar facts. Then presiding Chief Justice Ronald Castille failed to excuse himself due to his prior role as Philadelphia district attorney in Mumia’s earlier appeal. Mumia’s attorneys argued that Castille made statements related to persons accused of killing police officers that indicated he should have recused himself. His campaign speeches and letters urged capital punishment in police-killing cases.
As we’ve long reported, Mumia spent nearly three decades on death row before his sentence was thrown out over flawed jury instructions. In 2001, prosecutors agreed to a sentence of life without parole.
Judge Leon Tucker’s decision this past December was split; he denied Mumia’s claim that Castille had, “personal significant involvement” in the case while in the DA’s Office.
Guest – Professor Johanna Fernandez, is a native New Yorker. She received a PhD in History from Columbia University and a BA in Literature and American Civilization from Brown University. Professor Fernández teaches 20th Century U.S. History, the history of social movements, the political economy of American cities, and African-American history. She has previously taught at Carnegie Mellon University in Pittsburg, PA and Trinity College in Hartford, CT and is, most recently, the recipient of a Fulbright Scholars grant to the Middle East and North Africa that will take her to Jordan in spring 2011, where she will teach graduate courses in American History. She is with the Campaign to Bring Mumia Home.
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Anti-War Movement Gains Traction Amid Perpetual War
American wars undertaken in the Middle East have been raging for an historically unprecedented 17 years, ever since the attack on the World Trade Center and the Pentagon on September 11, 2001.
President George W. Bush understood that being at war president would boost his sagging popularity. First, he ordered the attack on Afghanistan on the pretext that it harbored Osama bin Laden and would not give him up.
Then, in 2003, with designs on Iraq’s oil, the United States of America unleashed an illegal war on that country. It was falsely claimed that Iraq had weapons of mass destruction and ties with Al Qaeda. The war involved the bombing of cities and was supposed to be of short duration. Americans were advised that the Iraqi people would welcome the American intervention. Their president Saddam Hussein was captured and executed. Hundreds of thousands of people were killed and hundreds of thousands we’re made refugees.
The entire Middle East was destabilized as the wars spread under the Obama administration. His secretary of state Hillary Clinton planned the aggression against Libya, where its leader Mohamar Qudaffi was captured and bayoneted to death. The country was destroyed. Clinton said at the time “we came, we saw, he died.“
The war was extended Syria, which the United States had coveted since World War II. The United States and Israel failed to kill its leader Bashar Assad but reduced much of the country to ruins and created thousands of refugees Then the United States militarily backed and supplied its Allie Saudi Arabia in its war in Yemen where 85,000 children have died of starvation.
All in all the United States made war on seven middle eastern countries simultaneously. Then, recently, fulfilling a campaign promise, President Donald Trump, the commander-in-chief, ordered the withdrawal of troops from Afghanistan and Syria. He has been opposed in this by the entire establishment, the military, the media, the intelligence agencies, and both the Republican and Democratic parties.
Guest – Ajamu Baraka, an initiator and leader of the Black Alliance for Peace, an organization which is part of the coalition. He has also just returned from a meeting of international leaders because the USA’s involvement of a possible overthrow of the government of Venezuela. Ajamu Baraka helped organize a conference in Baltimore Last month concerning USA’s 800 bases abroad particularly the new ones in Africa.
CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
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Guantanamo Diary: Mohamedou Ould Slahi
The American offshore prison camp in Guantánamo, Cuba is still operating. After the attacks on September 11, 2001, it was set up as a place where neither American or international law would apply and where prisoners could be brought, tortured, detained forever, and never charged with a crime. Ten years ago, former President Obama promised to close the offshore prison when he ran for office. It remains up and running to this day. Mohamedou Ould Slahi spent 18 years of his life there. He was an electrical engineer from Mauritania in Africa and educated in Germany. He was 32 years old when he was apprehended in his home, taken to Jordan where he was tortured, then to Afghanistan, then to Guantanamo and 16 years later at age 48, he was released. He walked out of Guantanamo Bay Prison in October 2016 without being charged with a crime and returned to his native Mauritania.
While in prison in 2005 he wrote a memoir, in English, one of his four languages. His attorney Nancy Hollander had asked him to do it and she finally got it declassified in 2012 but with heavy redactions. It was made into a book, titled Guantánamo Diary, and published in 2015 and became an international bestseller.
In it, he describes how he was tortured in ways personally approved by then Defense Secretary Donald Rumsfeld. Torture is a criminal act under both US and international law. As many know, Rumsfeld has yet to be prosecuted.
Guest – Mohamedou Ould Slahi joins hosts from his native country of Mauritania where he is a writer. He is the author of Guantanamo Diary.
Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.
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Manhattan Neighborhood Network Supreme Court Case
Is a public-access TV channel run by private nonprofit corporation subject to the First Amendment? The Supreme Court will consider that question in a case involving the Manhattan Neighborhood Network or MNN. In 1991 MNN was designated to operate as a public-access channel in New York City. The Manhattan Borough President has no control over MNN but does pick two of its thirteen board members.
In 2012 Jesus Melendez, an occasional contributor to MNN, was suspended for trying to attend a board meeting. His associate Deedee Halleck then videoed him outside talking about the situation. MNN banned the video from airing. Melendez and Deedee brought a First Amendment claim against MNN asking if the network is a state actor for purposes of their First Amendment rights. The district court said no, noting that, while it was a close call, other circuits had concluded that privately run public-access networks were not state actors.
The Supreme Court hasn’t directly weighed in on this question although Justice Anthony Kennedy, in a 1996 concurrence in a case dealing with laws regulating content on public-access channels, wrote they should be considered state actors who run public fora and thus be subject to the First Amendment. Justice Clarence Thomas disagreed in his concurrence, writing that “franchising authorities require cable operators to create public access channels, but nothing in the record suggests that local franchising authorities take any formal easement or other property interest in those channels that would permit the government to designate that property as a public forum.”
Defenders of MNN claim, that while it’s possible that some public-access channels could be rightly called state actors, the Court should take the case to clarify the state-actor test and to review the Second Circuit’s unnecessarily broad opinion.
Guest – Deedee Halleck one of the plaintiffs in this case and among the top media activists. She’s co-founder of Paper Tiger Television and also the Deep Dish Satellite Network, the first grass roots community television network. She is Professor Emerita in the Department of Communication at the University of California at San Diego.
Guest – Attorney Paul W. Hughes, a partner in the law firm Mayer Brown’s appellate and Supreme Court practice. Paul has handled more than 200 appellate matters, more than 125 of which were in the U.S. Supreme Court. In 2017The American Lawyer named Hughes “Litigator of the Week” in connection with his immigration work.
CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Iraq War, Political Prisoner, Torture, Truth to Power, War Resister
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Crash Course : From the Good War to the Forever War
US Army Ranger turned conscientious objector Rory Fanning recently wrote in this in The Guardian newspaper: “Last week Sunday ,November 11, we celebrated Veterans Day. It used to be called Armistice Day and was a celebration of peace after the slaughter of World War One. Now it is called Veterans Day. The United States has 668 military bases around the globe. The United States has conducted military operations in 2/3 of the world’s countries since September 11, 2001. It has spent 3/4 of $1 trillion each year on it’s military – more than the next 13 countries combined. The US has taken hundreds of thousands of lives around the world these past 14 years and shows no signs of slowing down.“
Guest – H. Bruce Franklin, is one of America’s leading cultural historians, H. Bruce Franklin is the author or editor of nineteen books and more than 300 articles on culture and history published in more than a hundred major magazines and newspapers, academic journals, and reference works. He has given over five hundred addresses on college campuses, on radio and TV shows, and at academic conferences, museums, and libraries, and he has participated in making four films. He has taught at Stanford University, Johns Hopkins, Wesleyan, and Yale and currently is the John Cotton Dana Professor of English and American Studies at Rutgers University in Newark. Before becoming an academic, Franklin worked in factories, was a tugboat mate and deckhand, and flew for three years in the United States Air Force as a Strategic Air Command navigator and intelligence officer. Professor Franklin is touring the country to speak about his just publish book Crash Course : From the Good War to the Forever War.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Gaza, Human Rights, Iran, Iraq War, Supreme Court, Truth to Power
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Middle East Round Up: Brian Becker
Iran and Gaza are at both at critical and potentially catastrophic junctures. Iran faces new challenges due to because of Donald Trump’s denunciation of the 2015 nuclear deal with Iran and the re-imposition of sweeping sanctions. As well, recent elections in Iraq pushed Iran’s allies in Iraq’s Shia militias–the Popular Mobilization Forces—into second place by nationalist Moqtada al-Sadr.
The element within the Republican Party with deep pockets is the Republican Jewish Committee. They support Netanyahu and his Likud party. The RJC supported both the blowing up of the Iran deal and the move of the Embassy to Jerusalem. Now they support Netanyahu’s crushing of the Palestinians in Gaza.
Iran also risks being diplomatically out-maneuvered. Israel Prime Minister Benjamin Netanyahu was in Moscow recently, aligning his interests in Syria with Vladimir Putin’s. In what is becoming routine coordination, Israel forewarned Russia of its attacks on Iran. Viewed from Tehran, Russia, Iran’s ostensible brother-in-arms in Syria, is more and more unreliable. Its Saudi foes are greatly encouraged by Trump’s offensive.
Guest – Brian Becker, the National Coordinator of the ANSWER Coalition and a leader of the Party for Socialism and Liberation. Brian has been a central organizer of the mass anti-war demonstrations that have taken place in Washington, D.C. in the past decade.
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Stories From Trailblazing Women Lawyers
Before the Civil War there were six women lawyers in the entire United States of America. By 1890 there were about 200 and by 1900 about 1000. Women then could not even vote.
It was nearly impossible for a woman to get admitted to a law school or find a job when she graduated. Things did not qualitatively change until the late 1960s and 1970s.
By then, as a consequence of a number of factors including the great civil rights movement, the women’s movement, and the empty law school seats created by drafting men to serve in the Vietnam War, women were able to fight discrimination and win law school admission first by protesting in the streets and then through legislation, court decisions, and the actions of a few forward looking politicians.
Now half of the students in American law schools are women. They are professors in those very same places, indeed, the deans of the two most prestigious law schools in America, Harvard and Yale, are women. They are partners in law firms, hold important positions and governmental agencies, and are judges on the bench.
They have made a difference in the measure of social justice obtained by people in this country by advancing peoples’ and women’s rights in education, healthcare, employment, discrimination, family life, and violence against women.
Guest –Jill Norgren, the author of the just published book Stories From Trailblazing Women Lawyers. Ms. Norgren is Professor Emerita of Political Science at John Jay College and the Graduate Center, the City University of New York. She is the author of several books including Rebels at the Bar.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Human Rights, Iraq War, NSA Spying, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Mass Support Needed For Julian Assange
Two weeks ago, WikiLeaks founder and internet publisher Julian Assange , who is holed up in the Ecuadorian embassy in London, had his Internet access cut off due to pressure by the British and American governments on Ecuador. Ecuador had granted him political asylum in their embassy where he has been living in two small sunless rooms for five years. Ecuador gave him political asylum after he sought refuge in the embassy to avoid extradition to Sweden, which would have sent him to the US. Assange was under protracted investigation for a rape claim, made up by the Swedish police and Swedish prosecutor and denied by the purported women victim. Sweden finally dropped the case, but Assange remains subject to arrest in Britain jumping bail.
Assange and WikiLeaks had been steadily revealing the war crimes and illegalities of the American government since it first published the Iraq war logs eight years ago. The war logs included video footage of American soldiers assassinating Iraqi civilians and a Reuters journalist. Chelsea Manning, who was recently released after seven years in prison, furnished WikiLeaks with the war logs.
The United States government is seeking to capture Assange and bring him back to the United States to stand trial for espionage, a crime which carries the death penalty.
Guest – John Pilger, an Australian-British journalist based in London. John has worked in many facets of journalism, including a correspondent in the Vietnam War, the Middle East Desk for Reuters in London, a documentary film maker, and a producer for the Independent Television Network in London. Pilger is known for his conscience, bravery and acute historical insight. His articles appear worldwide in newspapers such as the Guardian, the Independent, the New York Times, the Los Angeles Times.
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You Thought We Wouldn’t Notice: Intellectual Property
Laws protecting artwork and intellectual property are increasingly being put to the test amid claims from rising artists marketing their work online whose work is being copied by others.
Art piracy can include music posters, clothing design, book cover art, signage, record sleeve art, and typography. Under copyright law, one artist using another artist’s idea is generally legal, while one artist using another’s expression of that idea is generally illegal. Only a fact-intensive analysis can provide a bit of clarity, and even that is subject to a judge’s or jury’s review.
Sometimes copyright cases expand into major litigation. A New York judge recently ruled that graffiti, or aerosol artists, were entitled to a $6.7 million verdict after New York developer Gerald Wolkoff destroyed their well-known public work. The claim in the so-called FivePointz case arose under the Visual Artists’ Rights Act, or VARA. It’s the kind of case that attorney Scott Burroughs says rarely goes to trial. Several artists created aerosol art pieces on the walls of an abandoned development in the once downtrodden and now gentrified neighborhood of Long Island City, Queens. Wolkoff destroyed their art as part of a development plan. Read Scott’s Column Above The Law.
Guest – Attorney Scott Burroughs, an advocate for artists’ rights who curates the art law blog You Thought We Wouldn’t Notice and has a weekly copyright law column on legal website Above the Law.
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Academic Freedom, CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power, War Resister
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Victory: West Virginia Teachers’ Strike
After nine days on strike, the West Virginia governor and the state legislature caved, granting the teachers and all school staff a 5% wage increase. The pay raise also covers all state employees.
In an attempt to save face the Republicans talked about funding the pay increase by cutting social services and Medicaid. But there is no such wording in the agreement that was signed by the West Virginia Education Association and the American Federation of Teachers , the two workers organizations.
One strike supporter in West Virginia stated that “At this point the teachers and school staff have all the momentum and they can fight to make sure the funds for the raise come from the rich, not working people when the budget is eventually passed. Strikers here are ecstatic, people are literally hugging strangers, and whipping enjoy. It’s in a stark victory for the working class. Hopefully it will be the first of many to come.”
The strike was caused by decades of stagnating pay and rising health costs. 3/4 of the teachers are women.They played leading roles in the strike. West Virginia, especially its southern counties, have a history of militancy, Especially in the coal mines. Teacher job actions and walkouts spread from these very same southern counties.
The West Virginia teachers have shown Americans what it takes to win a strike. This is especially important when the anticipated Supreme Court ruling in the Janus case comes down. That ruling will likely reduce the power of public employee unions by taking away their right to collect dues.
Guest – Dale Lee is a graduate of Clinch Valley College (Wise, VA) and obtained his special education certification through the West Virginia College of Graduate Studies (WV COGS). He is completing his Master’s degree through Salem International University. A veteran teacher of 22 years, Dale’s assignment was teaching special education at Princeton Senior High School
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Law Firm Files 911 Terror Lawsuit Against Saudi Arabia
Nearly sixteen years have passed since the 911 attacks. The truth of who was behind the attacks has allegedly come out in a class action lawsuit brought by over 6500 victims and survivors. The lawsuit alleges that it was elements of the Saudi Arabian government that attacked the United States on 9/11. The Defendant in the lawsuit is Saudi Arabia. The Saudi Arabian government hired 15 public relations firms to help them deny responsibility. They hired several Washington white shoe high powered connected law firms They hid behind the law of sovereign immunity, which had to be overturned by an act of Congress in order for the lawsuit to proceed. They were helped by the US government in the cover-up by the Bush and Obama administrations.
After more than sixteen years the case is now proceeding rapidly through the Federal courts and will either be dismissed, settled or tried. The object of the lawsuit is to obtain money explained Sharon Pemboli, one of the plaintiffs and leaders of a group of women from New Jersey known as “the Jersey girls” who lobbied to win passage of the law which made the lawsuit possible. She believes that if the Saudi Arabian government is deprived of funds it will not be able to fund Al Qaeda and the extremist Wahhabi clergy responsible for supporting the terrorism of Al Qaeda.
The American public has been led to believe mistakenly that Saddam Hussein and Iraq were behind 911. The attack on Iraq was a war of aggression. At the end of World War II, the United States set up the Nuremberg trials to try Nazi war criminals. They wanted to set forth principles that were not merely “victor’s justice.“ At the Nuremberg trials the Germans were found guilty of starting a war of aggression, which was called the greatest of all crimes because it has contained within it all other crimes.
Guest – Attorney Justin Green, Justin has successfully represented families in many major aviation cases. These include airline disasters, corporate airplane and helicopter accidents, and civil airplane and helicopter accidents. His practice has also included personal injury and wrongful death cases arising from other transportation accidents.
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Lynne Stewart Anniversary 2018
Hosts remember fearless activist and attorney Lynne Stewart. Heidi reads an excerpt from Michael’s yet to be published Lawyers You’ll Like. We’ll also hear a powerful speech by Chris Hedges delivered at Lynne’s memorial.
