Law and Disorder June 25, 2012

Updates:

  • Occupy Chicago Tribune Getting Sued Under World Property Intellectual Organization
  • Julian Assange Applies For Political Asylum – Twitter @justleft / @wlcentral

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Austerity and Coalition Government in Greece

Last week we discussed the popularity of the Syriza Party, Greece’s skyrocketed unemployment and the huge military contracts Greece is locked into with France and Germany.  In part two of our interview with Greek-American National Lawyers Guild attorney Eric Poulos we discuss the assembling of the coalition government in Greece and the economic implication.

Attorney Eric Poulos:

  • New Democracy and Syriza’s the left wing coalition opposed to the bailout got the most votes. New Democracy got about 2 percent more which is the conservative center right party.
  • Syriza got 27 percent. The Social Democrats did terribly and got only 14 percent.
  • The fascist party the Golden Dawn unfortunately kept the same percentage. The one part that lost a lot of votes was the Communist Party.
  • Almost 40 percent of the voters did not vote. I think people are just worn out.
  • Everybody across the board has taken a 15 percent reduction in pay.
  • New Democracy Party will be appointed Prime Minister.
  • Fifty percent of the cops voted for the fascist party – Golden Dawn
  • Greece is a country that was occupied by Hitler and caused untold loss and devastation.
  • This coalition that ran Syriza is a coalition which is 12 or 13 different groups.
  • The election is incredible in that it changed nothing, it changed everything, because the same parties will be ruling.
  • The people of Greece continue to suffer, it doesn’t create one job. It doesn’t help to pay for one prescription.
  • It’s not just Greece, it’s Spain, Italy, Portugal, Ireland too.
  • I think the only hope is that they can hook up with other countries with united action to fight against the European Union policies.
  • There has to be an upsurge in the fight against the fascists in Greece.

Guest – Attorney Eric Poulos, writer and National Lawyers Guild member.

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Reverend Billy and the Spectra Pipeline Protest Event

The plans to bring a 30 inch gas pipeline through the West Village of Manhattan is on the fast track with the support of Mayor Bloomberg.  Spectra Pipeline is the company that will deliver the high pressure natural gas hydrofracked from the Marcellus Shale deposits. A heavily protested and contentious process itself. According to an expert radioactive waste this natural gas can contain radon 70 times above normal. Radon is a tasteless odorless gas created naturally during radioactive decay of uranium, thorium and radium. The EPA reports radon causes 21 thousand deaths from lung cancer each year. NO PIPELINE AT THE HIGHLINE – JULY 1, 2012 worship service and political rally

Reverend Billy:

  • Our basic mission statement . . .stop shopping children. Our basic mission statement has remain the same over 10 years now.  The project of Guiliani and Bloomberg to turn our great city into a suburb.
  • It was WBAI project, Cornell West, Chris Hedges, we sang and were the house choir. The jury of those great peers found Goldman Sachs guilty of robbing from us and charged them with 87 billion dollars I believe.
  • We sat down and lock arms in the old civil rights position. A nice circle of locked arms.
  • Out of the 15 that got arrested, I was about the 8th to leave the fold. I think that eight of them will be the Blankfein 8.  It’s a lifestyle change, if you’re really gonna go all the way with these . . . we weren’t blocking anybody. . it was symbolic.
  • Those ziplock handcuffs they have, they yank on them. In the precinct house an hour later your hand is purple and I had a numb thumb for six months.
  • Sometimes shopping is a chain store that buys sweat shop goods, and sometimes its our consumption of power. How do we heat? How do we use electricity?
  • That of course is decisive in terms of climate change, which has increasingly become everybody’s politics.
  • We’ve kept fracking out of upstate New York to some degree, but Cuomo is going to let it in to some degree.
  •  They want to come from the Far Rockaways with a pipe called the Constitution and they’re coming under the Hudson River and appearing into the Meat Packing district.
  • It’s mysterious Cheney was able to keep the report of what those chemicals are from the American people.
  • We have a 700 seat house there and we’re going to take the audience over two blocks to where the pipeline is to surface.
  • I don’t think the consumer society makes prosperity.
  • A lot of the communities in our country where people are watching television all day, eating sugar and fat and unable to operate, where the kids go into the pipeline of jail. . .needs the energetic compassion of change.
  • We’re becoming our own third world here, we need to pay attention to our communities. Get those Wall Street companies out of our communities and ask ourselves what do we have that makes value here?  Right under foot, right in my neighborhood.
  • It begins with living on less money, but begins with finding value in what we do with our lives.
  • You go up the counties where Cuomo is exploding their aquifers, this just makes it worse.
  • Some people are going to get a 100 thousand dollar check. It reminds me of the wrong person winning the lottery.
  • NO PIPELINE AT THE HIGHLINE – JULY 1, 2012 worship service and political rally

Guest – Reverend Billy, (Bill Talen) A student of the writers Charles Gaines and Kurt Vonnegut, Talen has staged experimental plays, published essays and poems in Philadelphia, New York and California. At Life On the Water, a theater in San Francisco’s Fort Mason Theater, Talen presented artists such as Spalding Gray, Mabou Mines, David Cale, B. D. Wong, Holly Hughes, William Yellow Robe, the Red Eye Collective, Reno, John Trudeau, and Danny Glover reciting the works of Langston Hughes.  This experience in producing led him to the confessional monologue.  After studying with the cleric Reverend Sidney Lanier, Talen invented “a new kind of American preacher.”  Lanier, the cousin of Tennessee Williams and subject of the work Night of the Iguana, was familiar with the re-staging of biblical narratives

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Law and Disorder May 12, 2012

Updates:

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Scapegoat: The Chino Hills Murders and The Framing of Kevin Cooper

Scapegoat: The Chino Hills Murders and The Framing of Kevin Cooper is the title of Patrick O’Connor’s new book. This is an important document chronicling Kevin Cooper’s  controversial conviction and death sentence in 1985.  When O’Connor committed to writing the book, he poured over thousands of case documents from trial transcripts, grisly autopsy photos, appeals and judicial rulings. He then began interviewing those involved in the trial and appeals. The picture began to take shape, a familiar one. The prosecution and the police withheld and destroyed evidence that would have exonerated Kevin Cooper from the brutal murders of the Ryen Family and their guest.

J. Patrick O’Connor:

  • In 2008, the Mumia book that I wrote was coming out and I was in the San Francisco Bay area with (attorney) Jeff Mackler of the Mobilization to Free Mumia.
  • We had about 15 venues that we went to all over the bay area. Invariably, supporters of Kevin Cooper would come to these events and afterwards would take me aside and say you got to write a book about Kevin Cooper.
  • His case is a lot different than Mumia’s but there are a lot of similarities.
  • Once I started reading the transcripts of this trial, I could see there were a lot of things wrong with this case.
  • It took me about 2 and half years from the start to the publication of the book.
  • There was a terrible, in Chino Hills, this is Arabian horse country. This family named the Ryens, they live on a hilltop house with a very big spread, about 15 Arabians. San Bernadino-45 miles east of Los Angeles.
  • In this area, most of the people were either raising horses or grazing cattle. This family was a mom and dad and they were both chiropractors. 41 year old chiropractors, and they had a 10 year old daughter named Jessica and an 8 and a half year old son named Josh.
  • A friend of Josh’s 11 year old Christopher Hughs, spent the night.
  • Around midnight that night, the home was breached. The master bedroom. The family was assaulted with an axe, or a hatchet, I think 2 knives, and an ice pick.
  • It was an incredible fight, these people didn’t stand in line and say I’m next.
  • The father Doug was 6’1″ 190lbs, a former Marine, an MP in the Marines and could take care of himself. The mother 5’8″ very strong, she was the one that could train the horses, these enormous horses that she could control.
  • Both of them kept loaded weapons in the bedroom. The idea that one perpetrator could use 4 weapons to perpetrate this attack is kind of fecitious on its face.
  • What put Kevin Cooper in the crosshairs is 3 miles from Chino Hills is Chino which is home to the California Institute for Men, where every felon in Southern California is sent for classification.
  • Cooper was sent there for 2 burglaries in LA. Escapes and holes up in Chino Hills for the next 2 days, in a house located 125 yards from the Ryen’s house.
  • Josh who had survived, told the deputy sheriff through a hand squeeze method that it was 3 white men.  They put out APBs for 3 white guys.
  • When they discern Kevin Cooper’s prints are all over that hide out house, they discard that information and start planning evidence that would implicate Cooper and making big lies about stuff that would implicate him.
  • He would have been the only African-American in the community.
  • They contaminated the crime scene, there are 2 bathrooms in this house, the cops used one of the bathrooms that had blood in the sink.
  • They don’t type the blood properly, they put blood from all different parts of the room in the same bag.
  • So, there’s no way to track the motions of who died, what was the order of death?
  • They took the walls out, they carted out all the furniture, put it on the front yard. Then they moved it to a warehouse where the air conditioner broke. It went to 120 degrees, they lose all the blood evidence in the warehouse.
  • The night of the murders, Cooper left after 9pm to hitchhike to Mexico. Cooper sees his mugshot on TV, he goes on the lamb.  Cooper is got and convicted, he gets the gas chamber.
  • He came with 3 hours and 45 minutes of being executed because of a moratorium. Kevin Cooper is fifth in line, this moratorium will end in 2013.
  • They had to have the complicity of numerous people inside the sheriff’s department and a very willing DA’s office to perpetrate this fraud on Cooper.

Guest – J.Patrick O’Connor, editor of Crimemagazine.com and the author of The Framing of Mumia Abu-Jamal (2008). He has previously worked as a reporter for UPI, editor of Cincinnati Magazine, associate editor of TV Guide, and editor and publisher of the Kansas City New Times.

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Homeland Security Documents Show Massive Nationwide Monitoring of Occupy Movement

Last month we gave Mara Verheyden-Hilliard and Carl Messinio of the Partnership for Civil Justice the Law and Disorder Tip Of The Hat Award for creative use of FOIA.  The documents obtained by the Department of Homeland Security show a massive nationwide monitoring, surveillance and information sharing between DHS and local authorities.  But its only the tip of the iceberg. The documents are heavily redacted and don’t show the full scale of coordination. “These documents show not only intense government monitoring and coordination in response to the Occupy Movement, but reveal a glimpse into the interior of a vast, tentacled, national intelligence and domestic spying network that the U.S. government operates against its own people,” says Mara Verheyden-Hilliard, she’s the Executive Director of the PCJF.

Attorney Mara Verheyden-Hilliard:

  • We filed a series of FOIA requests and demands in November of last year when it was clear the Occupy movement was being subjected to a coordinated assault.
  • We wanted to expose and uncover the role of the federal government working hand in hand with local police and municipalities to shut down this movement. A movement that is inspiring people all over the country and is a force for social change.
  • What we have is the tip of a very carefully submerged iceberg.
  • What we’ve seen is massive surveillance, coordination, monitoring of peaceful protesters all over the country by the federal government.
  • There is monitoring that’s gone on from Washington DC, to Atlanta, to Detroit, to Dallas, that there is an intense focus going all the way up to high ranking members of the administration.
  • We know that with the creation of the fusion centers and the suspicious reporting activity, the vertical integration of law enforcement and intelligence operatives in the US, that coming from a federal level, from the Department of Homeland Security, with billions of dollars. There is in place where all of the hundreds and thousands of law enforcement officers . . local is almost deputized, where they’re collecting information and feeding data.
  • It’s critical that the people of the United States see this. The way for this to be stopped is to uncover it and expose it.  We see time and again the FBI creating its own terrorist plots, in many times as PR to justify their oppressive apparatus.
  • One of the defining features of the Obama Administration is the fact that it took on this apparatus put in place by the Bush Administration and not only didn’t take it apart, they have deepened it.
  • There is really a structure now in the United States that has the US government spying and collecting data on its own citizens.
  • We have regulation that has been put into place under the Obama Administration where there is growing use of military support for domestic civilian authorities which is very concerning.
  • We can see that the real spark for social change is people getting together for collective action.
  • What we want to accomplish is to keep the streets, sidewalks and parkland open for grassroots democracy and social change and people need the ability to come out and come together and in order to do that without fear that they’re going to be beaten . . or mass arrested.
  • National Special Security Events: The Secret Service and Federal Government becomes the lead coordinating arm and local police work under that umbrella. In Tampa and Charlotte you can see they’re enacting these very repressive ordinances that facially look unconstitutional.
  • The ordinances are trying to stop people from doing things are permitted, that are lawful.
  • There is growing effort to take public space out from under our feet and one way of doing that is to say that there’s going to be an effort to restore the grass, and we fought this battle back in 2004 at the RNC in New York when we came to challenge the effort of New York City to ban mass assembly on the Great Lawn of Central Park.
  • A lot of this effort is to make people feel alone and suffer in silence.

Guest – Mara Verheyden-Hilliard, co-chair of the Guild’s national Mass Defense Committee. Co-founder of the Partnership for Civil Justice Fund in Washington, DC, she recently secured $13.7 million for about 700 of the 2000 IMF/World Bank protesters in Becker, et al. v. District of Columbia, et al., while also winning pledges from the District to improve police training about First Amendment issues. She won $8.25 million for approximately 400 class members in Barham, et al. v. Ramsey, et al. (alleging false arrest at the 2002 IMF/World Bank protests). She served as lead counsel in Mills, et al v. District of Columbia (obtaining a ruling that D.C.’s seizure and interrogation police checkpoint program was unconstitutional); in Bolger, et al. v. District of Columbia (involving targeting of political activists and false arrest by law enforcement based on political affiliation); and in National Council of Arab Americans, et al. v. City of New York, et al. (successfully challenging the city’s efforts to discriminatorily restrict mass assembly in Central Park’s Great Lawn stemming from the 2004 RNC protests.)

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Law and Disorder March 26, 2012

Updates:

  • Bradley Manning Update: Michael Ratner – We Have A Secret Trial Going On Right Now
  • Park Slope Food Co-op Vote
  • Len Weinglass Remembrance

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Leonard Weinglass TV Interview: Cuba 2004

We hear excerpts of an interview with attorney Leonard Weinglass and Miguel Alvarez, adviser on international and political affairs to Ricardo Alarcon, president of Cuba’s National Assembly.  In this interview Len Weinglass discusses his early career representing the first African-American mayor of Newark, New Jersey, Daniel Ellsberg and the Pentagon Paper, plus  crucial turning points that shaped his life story as a people’s lawyer.

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Occupying Wall Street: The Inside Story Of An Action That Changed America – Writers For The 99%

A collective of writers for the 99 percent have created a very interesting new book for OR Books, distributed by Haymarket Books. They’ve employed a  unique writing method to chronicle the many details within the movement of Occupying Wall Street. A team of nearly 60 writers with rotating membership, collaborated on the describing the intricate structures and daily life of the movement such as running the general assembly, how the security and medical center operate and then the stories of the activists involved.

Colin Robinson:

  • We were supportive of what was going on down in Zuccotti and I thought we should do a book about this too.
  • Beginning of October I went down to the trash cans outside my apartment and pulled an old Budweiser carton out of the trash and cut it into the shape of a book cover and wrote on it with a Sharpie, “Occupying Wall Street, By Writers With the 99%.
  • I photographed it with my iPhone at home, and sent it out with a press release, and New York Magazine picked it up saying Occupy Wall Street has a book and it then went everywhere.
  • The journalists were calling me up saying, who are the writers for the 99 percent?
  • So then I had to get some volunteers. We went down to Zuccotti and talked to some of the facilitators down there. They said you should just come to a General Assembly and we’ll put it on the agenda.
  • Tell the GA about the book, get some volunteers and you’ll be fine.
  • So we went down on a Wednesday night, in early October. I was not feeling comfortable about this.
  • I was a little nervous about speaking at the GA to try and get permission to publish the book.
  • They suggested to go to and Education and Empowerment Meeting Committee at 60 Wall Street and take it up there and ask for volunteers there.
  • The following week we went the meeting and the response at that point was not very encouraging.
  • People were suspicious of who we were. Whether this book was going to be seen as the official book of Occupy Wall Street, which we were saying it wasn’t but they thought it would be.  And that it was going to develop an analysis that they didn’t agree with.
  • No, we were saying its going to be descriptive, it’s not analytical. A lot of the twinkling was out flat, some of it was down. In the end, some guy stood up in the back and said I don’t think we should support this.
  • We got blocked, he crossed his arms in front of chest. If this goes through, I’m walking out. We felt really wounded by it.
  • But afterward some people from the committee came up and said we feel badly about the way you were treated, we’ll volunteer to help.  We started meeting weekly at 60 Wall Street and the meetings got bigger and bigger.
  • We came up with a structure, chapter by chapter. There were 2 themes in the book, one was a chronological account of the action. The day the occupation started on September 17.
  • The drilling down of the daily detail for what life is like in the square. We’ve got sections in the book of how the kitchen worked, how the library worked, how the general assembly worked.
  • I thought at first, what I would do would be to interview the people who are volunteering to write, pick the ones who could write well, and as kindly as possible tell the ones who couldn’t write they couldn’t be part of it.
  • I soon realized that was not is the spirit of Occupy Wall Street.
  • We were trying to reproduce the book in a way that reflected the values of Occupy Wall Street that meant it was produced in a very democratic, horizontal fashion. Anyone who wanted to participate could.
  • We came up with a chapter structure, we sent people out into the square and we did about 200 interviews in the square. We allocated the interviews to each chapter and we tried to find 3 or 4 people to write each chapter.
  • The whole book was written by 60 people in 2 weeks. This book absorbed the ethos of Occupy Wall Street.
  • If you repress a little bit of it, its going to spring up somewhere else.

Guest – Colin Robinson,  former Publisher, Verso Press and The New Press, and Scribner senior editor; John Oakes, former Grove Press Editor and founder of 4 Walls, 8 Windows and ORBooks.  He’s written for magazines and newspapers including the New York Times and the London Guardian.

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Law and Disorder March 5, 2012

Updates:

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Judge Dismisses Lawsuit Filed Over Boycott of Israeli Goods

Last month, a judge in Olympia, Washington dismissed a lawsuit tailored to force the Olympia Food Co-op to rescind its boycott of Israeli goods. The judge ruled that the lawsuit brought by opponents of the boycott violated a Washington State law designed to prevent abusive lawsuits which are aimed at suppressing lawful public participation. Interestingly, an investigation by ElectronicIntifada had unearthed that the lawsuit against individuals with the Olympia Food Co-op Board was also planned in collusion with a national anti-Palestinian organization called StandWithUs that was working with the Israeli government. Lawyers with the Center for Constitutional Rights argued that the lawsuit qualified as a SLAPP, that stands for – – Strategic Litigation Against Public Participation.  SLAPPs are lawsuits that target the constitutional rights of free speech and petition in connection with an issue of public concern.

Attorney Maria LaHood:

  • The Olympia Food Co-op is a non-profit in Olympia Washington, that not only makes good food accessible to people, but also encourages economic and social justice in other ways.
  • So it has a long history of doing social justice work, including adopting boycotts.
  • The board decided to boycott Israeli goods in 2010 by consensus. A few months after that there was a co-op election. Three of the five plaintiffs who ended up bringing the lawsuit, members of the co-op, the co-op has about 22 thousand members. They ran for the election opposing the boycott and they lost.
  • They ran for the board on an anti-boycott agenda and not voted in by the members.
  • The board decided to boycott Israeli goods and divest from any Israel investment.
  • One Israeli product: Gluten free ice cream cones,
  • Obviously it had symbolic significance so that the five plaintiffs decided to send a letter to the board promising litigation that would be complicated, burdensome and expensive if the board didn’t end the boycott.
  • CCR got involved and CCR cooperating council to represent the board members and decided to file an anti-SLAP motion as well as a motion to dismiss.
  • Plaintiffs were also seeking discovery which of course they had promised. They started out serving 200 pages of discovery on all 16 defendants and trying to depose all 16 defendants. After we file the anti-SLAPP motion which actually stays discovery, they sought to depose three of the defendants as well as additional document requests.
  • We challenged that discovery request.
  • Olympia, Washington, is where Evergreen College and that’s also where Rachel Corrie is from.
  • Stand With Us is basically an anti-BDS organization.
  • The lawsuit against the co-op board members was actually identified by Stand With Us as one of its projects months before the case was even filed.
  • Stand With Us also produced and posted online an anti-BDS video with four of the five plaintiffs in the case.
  • They described themselves as an international organization ensuring Israel’s side of the story is told.
  • They also have apparently connections as well to the Israeli government.
  • The hearing was last Thursday, there was a great turn out, they had to move us to a bigger court room.
  • The judge ruled that this lawsuit did challenge public participation so it did fall under the anti-SLAPP statute.
  • Boycotts are constitutionally protected under the first amendment.
  • This kind of suit is exactly what this statute was meant to address.
  • We argued that the board under the bylaws has the authority to adopt any policy essentially it wants, that promotes the co-opts mission.
  • He (the judge) did say that it was a nationally recognized movement.
  • The victory here sends a message that you cannot sue to chill free speech issues.

Guest – Senior staff attorney Maria LaHood, who specializes in international human rights litigation, seeking to hold government officials and corporations accountable for torture, extrajudicial killings, and war crimes abroad. Her cases have included Arar v. Ashcroft, against U.S. officials for sending Canadian citizen Maher Arar to Syria where he was tortured and detained for a year; Al-Aulaqi v. Obama, to prevent the “targeted killing” of a U.S. citizen in violation of constitutional and international law;  Matar v. Dichter, against an Israeli official responsible for a “targeted killing” that killed 15 Palestinians; Belhas v. Ya’alon, against a former Israeli official responsible for the 1996 shelling of a United Nations compound in Qana, Lebanon, that killed over 100 civilians; Corrie v. Caterpillar, on behalf of Palestinians killed and injured in home demolitions, and Rachel Corrie, a U.S. human rights defender who was killed trying to protect a home from being demolished; and Wiwa v. Royal Dutch/Shell, for the torture, detention and execution of Ken Saro-Wiwa and other human rights activists and protestors in Nigeria. After graduating from the University of Michigan Law School in 1995, Maria advocated on behalf of affordable housing and civil rights in the San Francisco Bay Area.

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Law and Disorder January 30, 2012

Updates:

  • Michael Smith visits political prisoner David Gilbert and discusses David’s book Love and Struggle.
  • Genocide Bill Angers Turks – It Was Genocide Radio Documentary by Heidi Boghosian
  • Supreme Court: GPS Tracking Device Illegal
  • Lizzy Ratner Co-hosts Beyond the Pale on WBAI

Tariq Ali: Turning Points in the History of Imperialism

Today we’re joined by internationally renowned writer and activist Tariq Ali. Tariq is visiting from London where he is editor of the New Left Review.

A writer and filmmaker, Tariq has written more than 2 dozen books on world history and politics, including The Duel: Pakistan on the Flight Path of American Power, The Obama Syndrome and On History. We talk specifically about several turning points in global history, the Occupy movement and US elections. .

Tariq Ali:

  • The think the first World War was crucial but it wasn’t the war itself it was the consequences of that war. Here you had huge empires.
  • The Russian revolution challenged capitalism frontally and its leaders said we want Europe to be with us, on our own we can’t do it. We need the Germans, we need a German revolution. That frightened the capitalist class globally.
  • Woodrow Wilson, decided that the time had come to intervene. 22 countries came to intervene.
  • This intervention made it impossible for the early infant Soviet Union to achieve what it wanted to achieve.
  • The Second World War was an effort by the German ruling class to get its share of the world market in countries.
  • The US helped rebuild Japan and Germany. They helped build France and Britain by the Marshal Plan and that has never been done by a big imperial power before.
  • They managed to get the Soviet Union to implode by having an arms race. The Russians fell into their trap and decided to go for the arms race, had they not history might have been different.
  • I hope the Chinese do not fall into the same trap, threatened by Obama’s puny little bases in Australia.
  • People, early settlers in the United States got land totally free and they took it and that created the belief in the American psyche of private property.
  • The Soviet Union imploded because the people lost faith in the system.
  • The entire elite in the United States and Western Europe is wedded to the Washington consensus that emerged after the collapse of communism. The center piece of this consensus was a system which believed in market forces. I refer to it as market fundamentalism.
  • We are confronting the extremism of the center and the result of this is no alternatives exist within mainstream politics. The effect that this is having is hollowing out democracy itself.
  • Occupy: What we need is for these movements to call an assembly nationally and discuss a charter of demands for progressive America which need only be ten demands but something around which people can rally. I think its a movement that should be created bearing what the needs of ordinary people are.
  • In order to understand the laws of motion of capital, you have to read Marx. It’s true capitalism has become much much more complex. Zombie capitalism, or fictitious capitalism, where money is used to make more money.
  • It’s not money that’s creating productive goods.
  • I had written a book on South American because I got very engaged in the Venezuela-Boliverian struggle and got to know Chavez very well.
  • If Americans had access to Cuban medicine, the pharmaceutical companies would collapse, they would never let it happen.

Guest – Tariq Ali, writer, journalist and film-maker, born in Lahore and educated at Oxford University. He writes regularly for a range of publications including The Guardian and The London Review of Books.  He has written more than a dozen books including non-fiction as well as scripts for both stage and screen.

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Law and Disorder January 16, 2012

Update:

  • Michael Smith: Newt Gingrich Attacks Capitalism

Occupy Wall Street Parody Papers Spark Legal Action From Big Newspapers

Occupy Wall Street Newspapers such as The Occupied Wall Street Journal or The Occupied Chicago Tribune have prompted lawyers to take Occupy protesters to court. In Chicago, a law firm is attempting to prevent the OWS movement from using The Occupied Chicago Tribune.  We’re joined today by attorney Michael Deutsch with the People’s Law Office who has been involved with this issue in Chicago.

Attorney Michael Deutsch:

  • The Chicago Tribune contacted some of the OWS people and threatened to shut down their website and facebook page and to go into federal court and sue them for trademark infringement.
  • They said the word “Chicago Tribune” is a trademark that belongs solely to the Chicago Tribune and no one else can use it for any purpose or any way.
  • Even if they do sue them I think the publicity not be good for the tribune and good for the occupy people.
  • There is the Lanham Trademark Act that protects them from people appropriating them.
  • There’s also this Dilution Act which prevents people from using or diluting their trademark by using it some unnecessary or dismissive way.
  • When the people of Occupy were first contacted they were fearful of being sued by the Chicago Tribune.
  • They offered to change it to the Occupy Chicago Times but they turned it down and said you can’t use any name that references a newspaper.
  • With Peter Weiss’s help we realized this is a classic parody case, that’s basic First Amendment rights.
  • The law isn’t that clear but the courts usually balance whether there will confusion of the name against First Amendment rights.
  • In their masthead they’re now saying they’re not affiliated with the Chicago Tribune Corporation.
  • Their website is still up, facebook is still up, they haven’t gone to court, so maybe they realize for us its a win / win situation.
  • If we go to court we’re going to win on the legal grounds, plus we’re going to get a lot of publicity.

Guest – Attorney Michael Deutsch, partner with the Peoples Law Office.

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Inside the CIA Black Site in Bucharest

Reporters for German network ARD’s Panorama news magazine and the Associated Press have pieced together key details surrounding the CIA’s operation of a black site in Bucharest, Romania. AP’s Adam Goldman and Matt Apuzzo write:
In northern Bucharest, in a busy residential neighborhood minutes from the center of Romania’s capital city, is a secret that the Romanian government has tried for years to protect. For years, the CIA used a government building — codenamed Bright Light — as a makeshift prison for its most valuable detainees. There, it held Al-Qaida operatives Khalid Sheik Mohammad, the mastermind of 9/11, and others in a basement prison until 2006, the year some were sent to Guantánamo Bay, according to former U.S. intelligence officials familiar with the location and inner workings of the prison.

John Goetz:

  • We’ve had a description of the CIA site, which is where one of the secret prisons were located.
  • We had a description from some that worked there.
  • The prison we’re talking about was used by the CIA in 2004 / 2005.
  • The CIA secret prison was held in a Romanian government organization which gets called either ORNSS or NSA.
  • It’s an organization that is used to get Romania up to speed on NATO classification rules.
  • It’s a building that has a big NATO flag on top of it.
  • In the back section of the building is where the secret prison was located.
  • What I understand is that in Poland, when Bush came over, right after  the beginning of the Iraq War.
  • When they didn’t find weapons of mass destruction, he was there in May and early June 2003.
  • We know that Al-Nashiri in his various times in CIA prisons, that his family members, I believe his mother was threatened with rape. He was water boarded, a drill was used on him.
  • There was a mock execution, things like that. We’re not exactly sure what happened in Poland and Bucharest.
  • There’s a little known site in Bosnia, that was used in days and weeks, right after 9-11.
  • In Bagram, there’s a military prison there and there’s a CIA prison.
  • I do know that in Africa there are prisons that run under a new model, where the state runs the prison and is quarterbacked, is the expression that’s used by the CIA who asks questions through others.
  • It makes it easier to deny.  Many people think . . .oh, the secret prison story is over.
  • The facts are that outside of flight logs and some locations of prisons, no one really knows what happens inside these places.
  • No one knows how they were run, no one knows perimeter security, how food was brought in, it remains a real black box in American history.

Guest – John Goetz, reporter with the German network ARD’s Panorama news magazine.

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70th Anniversary of the First Smith Act Prosecution: Proto-Thought Crime Legislation

This year marks the 70th anniversary of the first Smith Act trial of revolutionaries accused of wanting to overthrow the government. The law was intended to destroy the 100,000-strong American Communist Party however, the Smith Act was first used against the much smaller, revolutionary rival to the Communist Party, the Socialist Workers Party.  Our returning guest, author and activist Joe Allen writes about this 70th anniversary.  The Alien Registration Act of 1940 is also known as the Smith Act after its sponsor Rep. Howard Smith of Virginia, a Democrat and leader of the anti-labor bloc in the House of Representatives. The Smith Act became the legal weapon against critics of the government and stipulates that:

Whoever organizes or helps or attempts to organize any society, group or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group or assembly of persons, knowing the purposes thereof–

Shall be fined under this title or imprisoned not more than 20 years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

Joe Allen:

  • For many people in the United States, the defense of civil liberties, has always been an important and constant feature of our history and most of that time the defense of civil liberties has not been primarily against vigilantism, or rogue elements of the government or corrupt public officials. While that’s an important part of that, it has always been dealing with the actual laws that have been attempting to undermine civil liberties most of the time they’ve been federal laws.
  • You can go back to the Alien Sedition Act of the Adams Administration, the Espionage Act of WWI. They were always used against opponents of the government and not spies as they were sold to people.
  • James Canon was one of the most important figures in American Socialist history, his life traverse the history of the American far left.
  • He began in the IWW. The radical militant trade union that organized the most oppressed sector of American workers.
  • He was a founding member and later a national chair of the American Communist Party.  Like many Wobblies and members of the Communist Party he was very concerned of the civil liberties of radicals and trade union organizers and was the head organizer of International Labor Defense in the 1920s.
  • Canon developing a criticism of and his descent within the American Communist Party as the ILD moved away from its original mission and Canon himself to begin along with a number of significant figures of the American Communist Party and other people who sided with Trotsky in the dispute with Stalin over not only the Soviet Union also the International Communist Movement. He was the founder of early American Trotskyism in the 1920s and 1930s.
  • It was the broad layer of people who were ultimately indicted under the Smith Act in 1941 primarily for advocating the overthrow of the United States government.
  • Smith Act – Proto-Thought Crime Legislation
  • It’s also in a sense a response to a dispute inside the labor movement.
  • The first that a prosecutor tries to do is get a jury that is predisposed of the prosecution and not the defense.
  • That’s one of the great travesties of the Smith Act, not only can you be indicted by the things you do but by the things you say.
  • In that sense it really is a thought-control crime.
  • The most important part of the Smith Act in this country is it effectively destroyed the left in this country during the late 1940s and the early 1950s.

Guest – Joe Allen, a frequent contributor to the International Socialist Review and a long-standing activist, based in Chicago.

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