Law and Disorder October 8, 2012

Updates:

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Universal Jurisdiction: Kiobel v. Royal Dutch Shell / Bush 6 Case In Spain

This week the US Supreme Court will decide if corporations could be held liable in U.S. courts for violations of international human rights law in the land mark case Kiobel v. Royal Dutch Petroleum.  The case was brought by families of seven Nigerians who were executed by a former military government for protesting Shell’s exploration and development and is pushing to hold corporations accountable for human rights violations. The Supreme Court will also consider how the Alien Tort Statute Claim can be used the Kiobel case.  A one sentence law that goes back to 1789 when the first judiciary act was brought in the United States. We’ve discussed this statute with several past guests including attorneys Peter Weiss and Rhonda Copeland who were instrumental in beginning the first cases in which human rights violations, taking place in other countries could actually be litigated in the United States.

We also discuss the recent amicus filing by a group of international human rights organizations and experts before the Spanish Supreme Court. The brief asks the Spanish Supreme Court to overturn a decision not to pursue a criminal case against six former officials from the Bush administration for their role in directing and implementing a systematic torture program.  Past shows with Katherine Gallagher.

Attorney Katherine Gallagher:

  • The Kiobel case has been in US courts since 2004.
  • The claims were brought in the Southern District of New York, under a law from 1789, known as the Alien Tort Statute.
  • This law allows non-US citizens to come into a US federal court and assert violations of the Laws of Nations or International Law.
  • A recent precedence for this is Citizens United, what happened was that the Second Circuit ruled that corporations could not be held liable for these egregious human rights violations under the Alien Tort Statute.
  • The question of corporate liability went up to the Supreme Court first.
  • We had 2 judges from a 3 bunch panel in the Second Circuit suddenly come out in the fall of 2009 and say there is no corporate liability. That is the question that went up to the Supreme Court.
  • Four other circuits had look at this question and they said of course corporations can be held as liable as an individual, a natural person.
  • The Alien Tort Statute allows for a civil suit and civil liability rather than criminal liability.
  • The key case from 1980 that CCR brought, the case of Filartiga, this case which the Supreme Court affirmed in 2004 as being on solid legal basis, claims by a Paraguayan, against a Paraguayan for actions that occurred in Paraguay.
  • So its very strange that the Supreme Court was asking in a very broad fashion whether the ATS could apply to actions that occurred in another country. That is what the bulk of the cases brought under the ATS have been about.
  • Some of the cases where the ATS is used are for some of the most serious violations. Cases of war crimes, crimes against humanity, torture, not your run of the mill case.
  • What the justices seem to coalesce around was the issue of whether there’s an alternate forum. If the claims against Shell could have been brought in the UK or in the Netherlands, maybe they don’t need to be brought in the US.
  • We’ve seen a trend in the last 20 years of other countries adopting stronger laws that allow for redress, and accountability, so we don’t have to be the world’s policeman.
  • There have been 2 cases that percolated up in the last 4 years in Spain.
  • The first is a widespread investigation of the torture program then Judge Balthazar Garzon. This is a case looking at torture in Guantanamo, and potentially in Iraq and Afghanistan, looking at the whole U.S. torture program. That case was brought on by 4 named plaintiffs.
  • That case is very wide ranging, and willing to go up the chain of command as far as the evidence leads.
  • There is a second case that was brought against specific U.S. individuals. They’re known as the Bush 6, including, Jay Bybee, John Yu, David Addington, Alberto Gonzalez. Six men who served as lawyers and argued to have essentially created both the legal structure that enabled the torture program,  providing arguements for immunity and protecting participants of the torture program from accountability.
  • Spain has a long and proud history of upholding International Law. Spain is where we had the case against Augusto Pinochet in the late 90s.
  • We’ll be doing this as long as we need. We need to have accountability, its really critical.

Guest – Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights (CCR), where she focuses on holding individuals, including US and foreign government officials, and corporations, including private military contractors, accountable for serious human rights violations. Among the cases she has worked, or is working, on are international accountability efforts for U.S. officials involved in torture (Spain, Switzerland, Canada); ICC Vatican Officials ProsecutionArar v. Ashcroft, Corrie v. Caterpillar, Matar v. Dichter, Saleh v. TitanAl-Quraishi v. Nakhla and L-3, Estate of Atban v. Blackwater.
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Law and Disorder September 17, 2012

Updates:

  •     US Refuses To Extradite Former Bolivian President
  •     Jose Padilla Re-Sentencing
  •     Ward Churchill Case Update – Are University Board of Regents Immune?
  •     Armenia Protests Extradition of Axe Murderer

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Department of Defense Declassifies Report on Alleged Drugging of Detainees

Hosts discuss a recently declassified report on alleged drugging of Guantanamo detainees with Attorney Shane Kadidal.

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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Adnan Latif – the Face of Indefinite Detention – Dies at Guantánamo

A prisoner held at Guantanamo Bay Naval Base since 2002 died last week. Adnan Farhan Abdul Latif was a 32 year old from Yemen who was allegedly suicidal and mentally ill. Latif won a U.S. court order for his release but it was overturned on appeal.  In 2009, President Obama imposed a moratorium on Guantanamo prisoners from Yemen after a Yemeni trained Nigerian was found with a bomb in his underwear on a Detroit bound plane in 2009.  Latif is the ninth prisoner to die at Guantanamo Bay prison.

Attorney David Remes:

  • We decided to put out a statement by the lawyers.  We wanted to call his family but the government said let the ICRC do it.
  • He was approved in 2004, he was approved in 2007, and approved in 2009 for transfer out of Guantanamo.
  • Adnan filed a habeas corpus petitions in 2004. In 2008 those cases began to move forward, Adnan was among them. He won his habeas case. The whole case against him hinged on an intelligence report that the district court judge said was unreliable. The case was appealed by the Obama Administration.
  • He was a very sweet man, he was small, he was thin.
  • He was very sensitive and a fine poet. He felt everything more keenly, perhaps more keenly than any of the other detainees.
  • He felt that his spirit was being crushed. That he was always being roughed up by the guards. He was on long hunger strikes, he was held in isolation for the majority of his time in Guantanamo.
  • He was mentally very fragile.
  • At one point in my representation of him in 2009, he slit his wrists as I was speaking with him . . by chipping formica from under the table and cutting into his vein let the blood drip into a little cup and then threw his blood on me.
  • I took an inventory of his various bumps, bruises and swellings. It was almost like a doctor’s visit.
  • He was a small guy.
  • He could be very lucid, he was very intelligent.
  • You just have to question the NCIS reports from the beginning.
  • Whatever the conclusions that were announced it was Guantanamo that killed Adnan. It ruined his health, it ruined his spirit, it may have led him to suicide.

Guest – Attorney David Remes,  a human rights lawyer who has been deeply involved in the litigation on behalf of Guantanamo prisoners since 2004. He represents 16 Yemenis and has made several visits to Yemen to press for his clients’ release and brief their families. He was among the first lawyers to visit Guantanamo after the Supreme Court ruled in Rasul v. Bush in 2004 that the prisoners had a right to legal counsel.

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Law and Disorder September 10, 2012

Updates:

  • Bradley Manning Public Access Case: Amicus Brief Filed by Reporters’ Committee for Freedom of the Press
  • Southern Poverty Law Center Lawsuit Against Chemically Spraying Students

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Photo by Edward Linsmier/Getty Images)

Attorney Heidi Boghosian Speech: National Special Security Events – RNC / DNC

We hear a presentation by our own Heidi Boghosian. Heidi spoke at an event sponsored by station affiliate WSLR FM 96.5 – Sarasota, Florida. As the executive director of the National Lawyers Guild, Heidi had coordinated and organized legal observers during the Republican National Convention in Tampa and the Democratic National Convention in Charlotte. While in Florida, Heidi delivered a talk about the eroding civil rights of protesters during National Special Security events, pre-event surveillance and tactical strategies deployed by police.

Heidi Boghosian is the executive director of the National Lawyers Guild, a progressive bar association established in 1937. She has published articles on policing, protest and the First Amendment including Punishing Protest and The Assault on Free Speech, Public Assembly, and Dissent (North River Press, 2004). Her book reviews have been published in The Federal Lawyer magazine and the New York Law Journal.

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CCR Stop and Frisk Suit NYC: Floyd et al. v. New York City

Last month, a federal judge excluded portions of proposed testimony from New York City’s key witness in the Center for Constitutional Right’s Stop and Frisk class action lawsuit Floyd v. City of New York. Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York ruled the defendants’ testimony untested and unreliable.  The ruling supports that there isn’t evidence that the “Stop and Frisk” practice reduces crime.” said CCR Legal Director Vince Warren (quote)  “The ruling soundly rejects the false choice propounded by the NYPD, between living in a safe city and being free of unconstitutional, racially discriminatory policing.”

In 2009 New York City, a record 576,394 people were stopped, 84 percent of whom were Black and Latino residents — although they comprise only about 26 percent and 27 percent of New York City’s total population respectively. Ten years of raw data obtained by court order from the New York City Police Department (NYPD) showed that stop-and-frisks result in a minimal yield of weapons and contraband.

Attorney Darius Charney:

  • When we say “stop” were really talking about a detention of somebody’s liberty by the police. Frisk is a pat down of the outside of somebody’s clothing.
  • For purposes of the 4th Amendment we are talking about a seizure when somebody is stopped, their liberty is taken away from them for a period of time and when they’re frisked, they’re searched.
  • About 99.3 percent of the time the police find no gun.
  • According the Supreme Court in a case they decided about 44 years ago, called Terry v. Ohio, for a police officer to stop someone on the street they have to have what’s called reasonable, articulatable suspicion.
  • It has to be more than a hunch, or a whim or a subjective belief that somebody’s doing something wrong. It has to be articulatable specific facts that the officer is aware of that would cause him or her to reasonably believe that this person has committed a crime, is in the process of committing a crime or is about to commit a crime.
  • If they have reasonable suspicion and they stop to ask you questions, you’re supposed to answer the questions.
  • They may ask you for identification, that’s not against the law in New York state. You don’t have to provide it to them.
  • You’re free to not answer but depending on what the questions are and if you don’t answer them, that may give the officer a basis to have probable cause to arrest you.
  • For the officer to then put their hands on you, they have to have reasonable suspicion that you’re armed and dangerous.
  • It can’t be that they think you have drugs in your pocket. Officers often get angry or irritated if you assert the rights that you have.
  • What commonly happens in New York and other places is that somebody does assert their rights the officer may retaliate against them by issuing them a ticket for disorderly conduct.
  • The person has a right to say “show me your badge” to a plain clothes police officer.
  • Stop and Frisk has increased over 600 percent in New York City.
  • In New York police are arresting 50 thousand people a year with small amounts of marijuana.
  • The New York Police Department Stop and Frisk practices are literally going to be put on trial in a federal court in Manhattan this coming Spring.
  • We were certified for a class action in May, so we have a website for class members. Stopandfrisk
  • In order to fight crime you need to work together with the community and if the community doesn’t trust you, fear you, that’s not going to happen.

Guest – Attorney Darius Charney,  senior staff attorney in the Racial Justice/Government Misconduct Docket.  He is currently lead counsel on Floyd v. City of New York, a federal civil rights class action lawsuit challenging the New York Police Department’s unconstitutional and racially discriminatory stop-and-frisk practices, and Vulcan Society Inc. v. the City of New York, a Title VII class action lawsuit on behalf of African-American applicants to the New York City Fire Department which challenges the racially discriminatory hiring practices of the FDNY.

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Law and Disorder September 3, 2012

Updates

  • Michael Ratner: Update on Verdict – Corrie v State of Israel
  • Cardinal Dolan Who Approved Payoffs For Priests Accused of Sex Abuse To Leave Priesthood Gives Speech At RNC and Closing Speech for DNC

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Islamophobia: Anatomy of an American Panic

In the last few weeks, 8 places of worship connected with South Asians or Middle Easterners have been targets in the United States. As many listeners know, six people were murdered at a Sikh temple in Oak Creek, Wisconsin but later that evening a mosque in Joplin Missouri was burned down. Other targets recently included mosques in Rhode Island, Southern California, Oklahoma City and Dearborn, Michigan. These tragic events mark another wave of existential Muslim threats inciting fear and violence against Middle Eastern people while helping to justify the ongoing war on terror.

According to the University of Maryland’s National Consortium for the Study of Terrorism and Response to Terrorism, since 9/11 to 2010 there have been 155 terror incidents in the U.S., and exactly two of them or 1.3 percent have been attributed to international Islamist terror groups. The majority of events involved individuals such as anti-abortionists, right-wing extremists, or extreme animal rights activists.

The Nation Magazine has highlighted the disproportional focus put on Muslim communities in a special issue titled “Islamophobia: Anatomy of an American Panic.” We talk with journalist Lizzy Ratner and authors Deepa Kumar and Moustafa Bayoumi who contributed articles to the Nation Magazine special.

Lizzy Ratner:

  • The Nation did a special issue about Islamophobia. It came out in the beginning of July. You can still find the majority of the articles online. The real credit has to go to Abdeen Jabara whose idea this really was.
  • The civil rights attorney came to me last year and said the anti-Arab, anti-Muslim has reached fever-pitch.
  • So I began to do some research about what exactly was going on and very quickly compiled a massive roster of possible articles.
  • For the most part, the Left and Progressives have been far too quiet.
  • This bigotry that is flourishing right now has a real history, it’s not a just a product of 9/11 and the post 9/11 era.
  • Some of the seeds of bigotry have to do with the role of the United States historically in the Middle East.
  • Islamophobia served an agenda and a number of purposes.

Guest – New York City journalist Lizzy Ratner has written extensively for the Nation and Alternet on issues involving Islamophobia. Lizzy is also co-editor of The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict.
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Moustafa Bayoumi:

  • I was happy to see that the Nation was happy to take on the question of Islamophobia for a double issue.
  • There’s been a shift in the last ten years from paranoia around security to a paranoia about the basic facts of Muslim life in the United States.
  • In a way you can say it’s a shift from security to culture.
  • At any stage, anything that has to do with a daily concerns about living a life as a Muslim American, somehow now becomes charged with sedition. Part of the funding of the anti-Muslim movement in the United States is basic conservative politics and extreme conservative politics.
  • And also due to the Israel-Palestine conflict. So people who want to come aboard Israel will make a very distorted picture of what Muslim life is like.
  • The NYPD has now a decade long history of “othering” the Muslim-American community.
  • The NYPD had been screening The New Jihad for its new recruits.
  • It’s a crazy film saying that all of the American Muslims are here as a fifth column ready to pounce. It’s a training film for new recruits. That’s true for the Pentagon and the FBI.
  • Muslim Americans are still seen as perpetual foreigners.
  • That Muslim American rights are different than everyone else’s rights.
  • You’re average American consumer of media does not relate to the victims of the Oak Creek massacre because they don’t see them as being part of the American family.
  • They asked American’s in this poll, and 62 percent of the population has never met a Muslim.
  • If you’ve never met a Muslim then it’s very easy to believe all these boogey man ideas. That’s why media plays an important role in this issue.
  • The FBI (training manual) said that it was in the nature of Muslims to try to take over this country.

Guest – Author Moustafa Bayoumi wrote Fear and Loathing of Islam joins us, his book : Being Young and Arab in America, won an American Book Award and the Arab American Book Award for non-fiction. He is also a professor of English at Brooklyn College, City University of New York.

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Deepa Kumar:

  • As of late the anti-Muslim statements coming from Michelle Bachmann, Joe Walsh, all of whom are Republicans, there is a sense of which it is the Republicans who are responsible for Islamophobia, for the demonization of Muslims and so on.
  • This brand of the war on terror gets hatched and part of that was language developed in the 1990s, called the Clash of Civilizations. It was a man named Bernard Lewis who first penned this term.
  • It’s not so much we’re going to carry out revenge on Osama Bin Laden but that we’re going to rescue Afghan women. In the case of Iraq, we’re going to bring democracy when no weapons of mass destruction were found.
  • This rhetoric has a long history it goes back to the 19th century.
  • Both presidents need Islamophobia. They need to generate this fear and hatred of the “Muslim other.”
  • Operation Boulder
  • The Jonathan Institute holds this conference in Jerusalem . . Islamofacism, the roots are sown at that conference.
  • The idea of this menacing Muslim enemy is not new. It was not something created after 9/11 but in fact it goes back a millennium.
  • It’s about political goals but religious rhetoric gets used. Same thing with the re-conquest of Spain.
  • The Islamophobic rhetoric is one that’s mobilized by the elite.
  • I hold both Republicans and Democrats responsible. These rabid right wingers get their confidence from mainstream figures like Walsh, like Bachmann and others.
  • The sad reality is that the Democrats have done nothing to counter this.
  • The Democrats are not an ally in this fight.
  • I take inspiration from 2 movements in the sixties, the civil rights movement and the anti-war movement. I think these 2 strategies need to come together in fighting Islamophobia.
  • We have to take on both the far right and challenge the priorities of empire and bring together a multiracial coalition that can actually change a generation.
  • It was President Clinton with Anti-Terrorism and Effective Death Penalty Act in 1996 which made it legal to actually deport people with secret evidence. We know this lays the basis for the Patriot Act. This has really been a bipartisan project in the interest of empire.

Guest – Deepa Kumar, an Associate Professor of Media Studies and Middle Eastern Studies at Rutgers University. Her work is driven by an active engagement with the key issues that characterize our era–neoliberalism and imperialism. Her first book, Outside the Box: Corporate Media, Globalization and the UPS Strike (University of Illinois Press, 2007), is about the power of collective struggle in effectively challenging the priorities of neoliberalism.

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Law and Disorder August 13, 2012

Updates:

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The Passion of Bradley Manning: The Story of the Suspect Behind the Largest Security Breach in U.S. History.

We continue to look into the the Bradley Manning story, the biggest whistle-blower case in US history. Attorney Chase Madar joins us in the studio, he’s the author of The Passion of Bradley Manning: The Story of the Suspect Behind the Largest Security Breach in U.S. History. The book moves through Manning’s childhood and up to what led him to allegedly upload volumes of classified secret information to Wikileaks. Madar highlights the value of publicly exposing the endless criminal and immoral actions while government secrecy spins out of control, classifying 77 million documents a year. He also asks what can be done to protect Bradley Manning as a whistle-blower. Since his arrest 2 years ago, Manning’s formal court martial proceedings are not scheduled to begin until February 2013, and as many listeners know the most lethal charge is aiding the enemy.

Attorney Chase Madar:

  • I worked as a staff attorney for many years at a great non-profit in Bushwick section of Brooklyn doing all kinds of low tech services for Spanish speaking immigrants.
  • I quit that and have been writing about foreign affairs. I got put on the sight of Bradley Manning by Tom Englehart, who edits the great TomDispatch web project.
  • So many important issues collide in this case, whether its the comparative risk to our security of secrecy versus leaks. How we judge threats, how we misassess threats. How we use solitary confinement as punishment, is it an acceptable punishment?
  • What power does information have anyway? A lot of intellectuals think that information has an incredible catalytic effect.
  • Bradley Manning enlisted in the Army in October 2007. He’s deployed to Iraq after all kinds of training in Army intelligence in 2009.
  • He allegedly begins leaking things in early 2010 and he’s arrested in late May 2010 over 2 years ago now. He was held in solitary confinement, very strict punitive isolation in Quantico Marine Corp base in Virginia, from July 2010 to April 2011.
  • We’re looking at 2.5 years of pretrial confinement.
  • You can divide up the Wikileaks leaks allegedly supplied by Bradley Manning in 3 categories. Iraq material, thousands of war logs: raw reports file by soldiers, Afghan war logs, it’s a composite of a war that’s weirdly aimless.
  • Obama did campaign as the whistle-blower’s best friend, and he has prosecuted twice as many as all previous administrations.
  • Here’s one theory I find persuasive. It’s important for Obama to have the intelligence services on his side. This was a way for him to show the CIA that he would go along them.
  • I would like to see a serious change in foreign policy which has gone off the rails.
  • We haven’t the kind of course correction with Obama that many had hoped for.
  • I hope Wikileaks do disrupt foreign policy more. There’s been all kinds of smack talked about Bradley Manning, he’s a weirdo, a malcontent, he did what he did because he’s screwed up, he did because he’s gay.
  • His motives are very plain to see in the chat logs between him and the informant.
  • The Manning chat logs – they read like a tragic novella.
  • So much of our secrecy law is designed to keep the American public in the dark.
  • I think we have badly confused being clueless with being safe.
  • He comes across as an immensely thoughtful, courageous and very principled young man. In some ways he’s an extreme version of the millennial generation who have a lot of education and potential but find themselves not doing too well.
  • His father was in Naval Intelligence and he’d grown up with a sense of patriotic responsibilities.
  • What makes him turn on the inside and leak these things?
  • He’s asked to look into the arrest and capture by the Iraqi authorities a group of non-violent Iraqi protesters who were handing out pamphlets that were all about corruption in Iraqi government.
  • We are light years away from total transparency.
  • The main thing is to make records of the court proceedings publicly available.
  • I think a guilty conviction and a heavy sentence of at least 50 years is a foregone conclusion.
  • The wages of government secrecy, not security but disaster.
  • It looks like the court martial won’t begin until January or February.
  • Go to the Bradley Manning support network website. Send him a postcard.
  • It’s your patriotic duty to browse the leaks.
  • Legal Atrocities – by Chase Madar

Guest – Attorney Chase Madar , a TomDispatch regular and author of a new book, The Passion of Bradley Manning (OR Books).  Madar tweets @ChMadar. He’s  a contributor to the London Review of Books and Le Monde diplomatique and the author of a new book, The Passion of Bradley Manning (OR Books).

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Law and Disorder August 6, 2012

Updates:

  • Maryland Law Allows Police To Collect DNA During Arrests
  • Heidi Boghosian: National Lawyers Guild Monitoring RNC / DNC Demonstrations
  • In Memory: Michael Nash
  • In Memory: Alexander Cockburn
  • In Memory: Professor John (Tito) Gerassi
  • You Have The Right To Remain Silent Booklet

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Unrepentant Radical Educator: The Writings of John Gerassi

Professor John (Tito) Gerassi, once an editor at Time magazine, then at Newsweek. He obtained his PhD at the London School of Economics and Political Science. He was a long time civil rights and anti-war militant and author / editor of ten books plus scores of articles and pamphlets published on both sides of the Atlantic. He was Professor of Political Science at the City University of New York.  Professor Gerassi discussed his book, Unrepentant Radical Educator: The writings of John Gerassi, edited and with interviews by Tony Monchinski (Transgressions: Cultural Studies and Education) Indypendent Book Review

The book joins personal narratives from Gerassi’s days of journalism and activism, featuring Che Guevara, Fidel Castro, Jerry Rubin, Eldridge Cleaver and others of the era, with  essays on figures such as Sartre, Camus, and Julius and Ethel Rosenberg.  One review writes, (Especially fascinating are the tales of deliberate misreporting by the major media outlets for which he worked, epitomized by the words of owner Henry Luce when Gerassi was hired: “We here at Time believe that objectivity is neither feasible nor desirable.”)

John “Tito” Gerassi:

  • Time Magazine: I hear you’re coming aboard Mr. Gerassi. In the long run, it was great that I got kicked out
  • Met Che Guevara in Uruguay, as a journalist for the New York Times, there was a fight with anti-Castro students, the police were scared, one man fired his gun in the air, it ricocheted and hit and killed a USIS Cuban.
  • Che told me I don’t talk to the imperialist press. At the hotel, they had reserved a large table where all the left-wing characters sat around with Che.  Argentines say chez vous, that’s how Che got his nickname Che.
  • The Great Fear in Latin America – John Gerassi
  • Che Where Are You? Eventually there will be many Che’s.

Guest – Professor John Gerassi, once an editor at Time magazine, then at Newsweek, who obtained his PhD at LSE, is a long time civil rights and anti-war militant. He is the author or editor of ten books and scores of articles and pamphlets published on both sides of the Atlantic. He is currently Professor of Political Science at the City University of New York.

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