Civil Liberties, Criminalizing Dissent, Crony Capitalism, Green Scare, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power
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Court Vindicates Prisoners in Right to Challenge Federal Experimental Isolation Units Restricting Communication
Last month, the Center for Constitutional Rights won the right for prisoners to challenge a violation of their constitutional rights. Prisoners in 2 experimental federal prison units called “Communications Management Units” or CMUs, will have their claims heard in court. About 70 percent of CMU prisoners are Muslim men. Judge Urbina agreed that the prisoners raised serious constitutional questions about CMUs. The Center for Constitutional Rights filed Aref v. Holder in the D.C. District Court on behalf of current and former prisoners of the units in Terre Haute, IN and Marion, IL; two other plaintiffs are the spouses of those prisoners.
As many listeners may know, these CMUs were secretly opened under the Bush administration in 2006 and 2007. They were designed to monitor and control the communications of certain prisoners and to isolate them from other prisoners and the outside world. The five plaintiffs in Aref were designated to the two CMUs despite having relatively or totally clean disciplinary histories, and none of the plaintiffs have received any communications-related disciplinary infractions in the last decade.
In addition to heavily restricted telephone and visitation access, CMU prisoners are categorically denied any physical contact with family members and are forbidden from hugging, touching or embracing their children or spouses during visits.
Attorney Alexis Agathocleous:
- We’re very troubled about policies and conditions at these units. A number of the restrictions imposed at the CMUs are severe. They are truly cutting people off from their loved ones, they’re community and the outside world
- Blanket ban on physical contact, unparalleled to any other single unit anywhere, including Supermax.
- We feel this needlessly impinges on their right to family integrity and their need to maintain these ties to the outside world.
- What we’re challenging is that there is no due process attached to designation to these (CMU) units.
- Without a disclosure of factual allegations that were used to designate them, without a demonstration of past abuse of communication devices, without a hearing, without an appeal. Once you’re there, no one is told how to earn their transfer to get out. Our clients have benign or in some cases perfectly clean histories.
- What is happening is that Muslim prisoners are being designated there, based on the discriminatory belief that as Muslims they inherently pose a great danger to institutional security, than do other prisoners.
- We’re very concerned also about a pattern of designation of political prisoners and specifically includes environmental and animal rights activists.
- We do believe these are acts of retaliation for protected First Amendment activity, such as speaking out on social justice issues.
- What we’ve asked for in the case is a thorough review of polices and practices in the CMUs.
- What’s next is we’re going into discovery, which is our opportunity to learn a lot more about the CMUs, about their inception, who was involved in designing them and why and about how designations are made.
- CMUs were opened quietly.
Guest – Alexis Agathocleous, staff Attorney at the Center for Constitutional Rights and works on CCR’s Government Misconduct and Racial Justice docket. He is lead counsel in Aref v. Holder, challenging policies and conditions at the federal Bureau of Prisons’ Communications Management Units, and Doe v. Jindal, challenging a Louisiana law that requires individuals convicted of Crime Against Nature to register as sex offenders.
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Financial Regulators Failed: Crooks Go Unpunished
Last week, the Securities and Exchange Commission Friday charged Goldman Sachs & Co. and one of its executives with fraud in a risky offshore deal backed by subprime mortgages that cost investors more than $1 billion. The SEC also contends that Goldman allowed a client, Wall Street hedge fund Paulson & Co., to help select the securities to be sold. Paulson in turn bought insurance against the deal and when the securities sank, losing nearly all value, Paulson then made a $1 billion profit.
While these are not criminal charges, the recently released 650-page report of the Senate Permanent Subcommittee on Investigations, Wall Street and the Financial Crisis (PDF) had exposed the deceptive and risky practices within major financial institutions, that deceived clients and the public. New Economics Perspective Blog
Professor William K. Black:
- Many people still call it the subprime crisis, it would be far better to call it, the liar’s loan crisis.
- Roughly half of all subprime loans by 2006.
- Somewhere between a quarter and 49 percent of new home loans, were in the form of liar’s loans.
- The incidence of fraud when there have been independent studies has ranged from 90 to 100 percent.
- A liar’s loan is when there is no underwriting, no verification of what’s put into the loan application.
- Overwhelmingly, it was the lenders who put the lie is liar’s loans.
- You can sell these loans in the secondary market if they appeared to have 2 characteristics that finance has told us you can’t have simultaneously.
- A premium interest rate and low risk. You could have the best of both worlds. The way to do that was to gimmick two ratios. Debt to income ratio and loan to value ratio.
- Inflating the value of homes, covered up by industry. An honest secure lender would never inflate value.
- It makes perfect sense for a fraudulent company to inflate the value of the house so they can sell the loan on the secondary market for a higher profit.
- Then Attorney General Cuomo, now governor found this as a common practice at Washington Mutual, the biggest bank failure. WAMU had a blacklist of appraisers, you were blacklisted if you refused to inflate value of property. None of these people are being prosecuted.
- In 2004, the FBI testified there was an epidemic of mortgage fraud and predicted that it would cause a financial crisis.
- The Savings and Loans debacle cost 150 billion, the current crisis is costing over 10 trillion.
- The Office of Thrift Supervision, Chainsaw James Gilleran
- Instead of being embarrassed that they were working hand in glove with the lobbyists, they were proud of this and put this in their annual report.
- Geithner and Cuomo urged there not be investigations much less prosecutions of the elite financial frauds because he thought the financial system was too fragile.
- The Justice Department ruined an FBI initiative to try and investigate the elite frauds.
- If you are powerful enough, if you have enough ties, after citizens united, and make enough political contributions, you will not be prosecuted.
- You can’t have crony-capitalism and democracy either.
- Big finance is only supposed to be a middle man, it’s supposed to help the real economy, by simply allocating most efficiently capital to the most productive uses.
- Like any middle man you want absolutely minimal profits going to the middle man.
- Under some measures, finance has 40 percent of the total profits of all American businesses.
- This is the worst group of people you can possibly imagine having power.
- We’ve turned too many of our schools into fraud factories, where we train people how to gimmick accounting.
- Citizen’s United is a fragile case, it doesn’t make much sense in terms of the law.
- What these people are, engines for destroying wealth
- They only get 10 billion, they destroy 10 trillion dollars in wealth. They cost 10 million Americans their jobs.
Guest – William K. Black, a professor of law at University of Missouri, Kansas City who has criticized the absence of any criminal referrals or national task force to effectively punish the elite fraudsters. Professor Black teaches White-Collar Crime, Public Finance, Antitrust, Law & Economics.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Guantanamo, Habeas Corpus, Human Rights, Political Prisoner, Surveillance, Targeting Muslims, Torture, Truth to Power
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In Memory:
The remarkable and heroic progressive lawyer Len Weinglass died on March 23. Among his cases were the Chicago 8, the Ellsberg case and the Cuban 5. Listen to the 4 interviews Law and Disorder did with him over the last 4 years. He was our close comrade and will be missed by his friends and all those seeking a better world. – Michael Ratner.
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Death Penalty Abolished In Illinois
Last week, Governor Pat Quinn of Illinois signed into law SB3539, which repeals the death penalty in that state. This development is yet another in what appears to be signal a trend of moving away from capital punishment. Early last year we covered the American Law Institute’s declaration that the death penalty in this country has been a failure. Listeners may recall that the A.L.I. created the intellectual framework and justification for the current capital justice system. The movement away from this most final form of punishment seems to be due in large part to the public’s increased awareness about its inherent flaws such as great racial disparity on who gets executed and for what reason. Publicity around exonerations stemming from DNA evidence has also added to general awareness of procedural errors in the system.
Attorney Charles Hoffman:
- In 2003, Governor Ryan cleared out death row, he granted to the 167 men and women on death row and pardoned four.
- that prompted the legislature to pass a modicum of reform. The governor afterward assembled a commission that recommended 85 reforms.
- The legislature passed five or six. The legislature also created a death penalty reform study commission.
- One of the reforms was that all confessions in police custody had to be videotaped in murder cases.
- No matter what safeguards you implement, there’s no system that can prevent the conviction and condemning of an innocent person.
- Prosecutors around the state were asking for the death penalty in cases that weren’t death penalty prosecutions just so the state would bear the costs rather than the county.
- The legislature is cash-strapped and we were wasting millions and millions of dollars prosecuting capital cases when here in Illinois we have the very strict alternative of life without parole.
- Final Report: Death Penalty Legislative Study Committee. Illinois Death Penalty Reform Study Commission PDF
- After Governor Ryan cleared out death row in 2003, Illinois put 17 men on death row. 2 had committed suicide, which left 15 on death row when Governor Quinn signed the abolition bill and also granted sentence commutation to all 15. He commuted their death sentences to life without parole.
- As the problems with the death penalty have been exposed, the arbitrariness, the racism, as mistakes have gone into public consciousness, juries have been rejecting the death penalty.
- Illinois has become the 16th state to abolish the death penalty, following on the heels of New Mexico, New Jersey and New York. The federal government and the military do have it.
- The “deathbelt” in this country is in the South and Texas, and is just a legacy of slavery in this country.
- Most executions occur in former slave states. One obvious flaw of the death penalty, studies have shown the death penalty is most likely to be inflicted in a case when the victim is white and the odds go up even further if the defendant is black or Hispanic.
- Its very gratifying to get rid of this barbaric practice. I represented 35 men and women who were sentenced to death. I do the direct appeals. I’ve had one client executed, I’ve had one client go home.
- Some states have made illegal purchases of the drug. (lethal injection drug shortage)
- Some states are using just one drug, a massive overdose of a barbiturate.
- Life without parole is very draconian, it means there’s no prospect for rehabilitation.
Guest – Assistant Defender in the Supreme Court Unit at the Office of the State Appellate Defender, and member of the board of directors of the Illinois Coalition to Abolish the Death Penalty.
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Communities Battle Against Gas Drilling To Protect Water, Way of Life
Environmental community groups from New York, New Jersey and Pennsylvania continue to band together and try to protect the Marcellus Shale watershed from natural gas drilling and hydraulic fracturing. The EPA has stated it will investigate how hydraulic fracturing impacts water supplies and water quality in New York State yet the drilling moratorium ends this June. The shale is believed to hold some of the world’s largest deposits of natural gas, and those that want to mine this resource say it will reduce dependence on foreign oil and boost the economy. However, many have shown this statement to be false as the natural gas from the United States is being sold to foreign countries such as Norway and France.
Ninety percent of the New York City’s drinking water comes from ground zero of where various oil companies want to drill into the Marcelle Shale for natural gas. Environmental and public health costs are enormous for each well. Every time a well is drilled, the companies use an estimate of 5 to 9 million gallons of water. Each time a well is fractured, it’s another 5-9 million gallons of water, a well can be fractured multiple times. Up to 275 different toxic chemicals are used in the process and after the well is drilled, there are millions of gallons of industrial waste, it’s essentially radioactive water. 40-70 percent of this water stays underground. The hydro-fracturing process has no federal regulating body. Some of the companies involved are Halliburton, Chesapeake Energy, Fortuna, and Talisman Hess.
Tracy Carluccio:
- My organization has been working on the issue for a few years to try to keep gas drilling from moving ahead.
- Right now there is a moratorium in place on the Delaware River Watershed. It took a year and a half to get that into place. Regulatory measures that are in place now for gas drilling are not doing their job.
- The bottom line is we’re facing an industry that wants to move ahead.
- The industry is very strong. There are international concerns.
- They’re backed by the government in many ways, they enjoy subsidies.
- This industry is going to move like heck to drill everyplace gas can be gotten.
- The Delaware River Watershed has its origins in the Catskill region of New York State.
- The east and west branches come together in Hancock, New York.
- 330 miles from Hancock to the Atlantic Ocean.
- The watershed is 13 thousand square miles and includes four states. It’s overseen by an agency that was born out of water wars.
- Back in the 1950s, all the states were suing each other about who would get water for development.
- In 1961, there was a Supreme Court decree and compact and President Kennedy signed a document that began the Delaware River Basin Commission. As a result of this compact, a large part of the Delaware River goes to New York City.
- There have been regulations federally (Represented by the Army Corp of Engineers) and regionally laid out by the Delaware River Basin Commission
- New York moratorium on gas drilling is tied to late June when there is supposed to be a new draft of the Draft Supplemental Generic Environmental Impact Statement on high volume hydraulic fracturing.
- In order to crack the rock to get at the gas is intrinsically polluting and there’s no way out of that.
- The question of how to stop it is tied to the scientific analysis free from bias.
- Without that bottom up movement, without that cry for government regulators, the industry would be moving ahead exactly as planned.
Guest – Tracy Carluccio, deputy director with Delaware Riverkeeper Network. Delaware Riverkeeper – a watershed wide advocacy program, Delaware Riverkeeper Network takes a strong stance on regional and local issues that threaten water quality and the ecosystems of the Delaware River and its watershed. In fact, Delaware Riverkeeper Network is the only advocacy organization working throughout the entire Delaware River Watershed.
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Farmworkers, Consumers Protest Trader Joe’s Demanding Fair Labor Standards for Farmworkers
Late last month, a busload of farm workers from Florida joined members of the NYC Community Farm worker Alliance at Trader Joe’s Upper West Side store. Men and women who pick tomatoes under very harsh conditions demand to be treated more humanely and with improved farm labor wages. Our own Michael Ratner was at the demonstration, we hear some of the interviews.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Gaza, Human Rights, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power, War Resister
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Ohio Supermax: Hunger Strike In Long Term Solitary Confinement
In an Ohio Super Max prison, 4 prisoners facing execution are confined to permanent restrictive solitary confinement. They’re on a hunger strike, bringing attention to their requests to simply be placed on death row. What’s the difference? Death row isn’t as restrictive as permanent solitary confinement. Jules Lobel, Vice President of the Center for Constitutional Rights and Professor of Law at the University of Pittsburgh explains in detail the differences of regular prison, death row and solitary confinement conditions.
Jules is working to defend the prisoners, he says that long term, essentially permanent and very harsh solitary confinement is both cruel and unusual punishment that violates due process requirement of annual review. The state of Ohio has decided to keep these four in solitary confinement permanently. It’s not only in Ohio, permanent solitary confinement is becoming a problem nationally, particularly with people convicted of terrorism related offenses, including material aid to terrorism.
Jules Lobel:
Guest – Jules Lobel, through the U.S. Center for Constitutional Rights, Jules has litigated important issues regarding the application of international law in the U.S. courts. In the late 1980’s, he advised the Nicaraguan government on the development of its first democratic constitution, and has also advised the Burundi government on constitutional law issues. Professor Lobel is editor of a text on civil rights litigation and of a collection of essays on the U.S. Constitution, A Less Than Perfect Union (Monthly Review Press, 1988). He is author of numerous articles on international law, foreign affairs, and the U.S. Constitution in publications including Yale Law Journal, Harvard International Law Journal, Cornell Law Review, and Virginia Law Review. He is a member of the American Society of International Law
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Defending Grand Jury Protesters
As many listeners know, last September in a nationally coordinated raid, the FBI targeted anti-war and Palestinian solidarity activists, raided their homes and subpoenaed them to appear before a grand jury. The 13 people all of whom were critical of US foreign policy, later withdrew and asserted their right to remain silent. But in early December of 2010 subpoenas were reissued against 4 of those targeted in the raids. Three women in Minneapolis, Tracy Molm, Anh Pham, and Sara Martin were sent reactivated subpoenas by Fitzgerald’s office and new Grand Jury dates.
We’re joined by Chicago based journalist and activist Maureen Murphy who also received a new subpoena. Maureen is managing editor at the website Electronic Intifada, though the site is not being targeted in the FBI probe. In a statement, the Electronic Intifada said, quote, “Although The Electronic Intifada itself has not been a target, we consider the grand jury investigation and all of the subpoenas to be part of a broad attack on the anti-war and Palestine solidarity movements and a threat to all of our rights.”
We are also joined by regular guest, attorney Michael Deutsch from the People’s Law Office and is working with the defense committee.
Maureen Murphy:
- I don’t know why its happening, we do know that no crime has been identified. There’s nothing written on my subpoena that I need to bring any documents.
- We believe that the government is subpoenaing us so that we come before a grand jury and name names, and tell them how we organize so they can further disrupt their movement. I’m one of 23 activists now who have gotten the knock at the door. My subpoena says nothing but show up, so I think this is really a fishing expedition.
- In one home they took everything with the word Palestine on it.
- The government has expended a lot of resources on an investigation of a group that has always worked pubicly to advocate for a more just US policy. I was visited by the FBI on December 21, 2010.
- A national committee that has formed around the raids and subpoenas is calling for a day of action January 25, in front of federal buildings and FBI headquarters.
- I’ve already stated that I’m not going to testify.
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Michael Deutsch:
- In December the FBI went out with a stack of subpoenas, and wound up subpoenaing 9 additional people in the Chicago area which then makes 23.
- These people who are subpoenaed are all active in Palestinian support work. Arab American Action Network, Palestinian Support Group. This next wave of subpoenas are people who are they’re trying to gather information from.
- I’ve never in all my experience seen so many people subpoenaed to a grand jury.
- A lot of the Palestine support work has gone on in Chicago.
- Originally 14 people were subpoenaed and each one through their lawyer said they weren’t not going to voluntarily come in. Now they haven’t decided to enforce the subpoena, they said well get back to you when we decide what we’re going to do.
- There are 23 people lined up trying to figure out what the next step of the government is.
- These prosecutors don’t seem to know who they’re dealing with. They see the grand jury as a tool of oppression.
- I believe that the Israeli security apparatus is involved in supplying information to the US government.
- There’s no evidence here of any type of violence or weapons. We’re dealing with advocacy and associations.
- Despite Holder v the Humanitarian Law Project, we believe that it’s a total violation of the First Amendment.
- The underlying tenor is going after people because of their political ideology.
Guest – Maureen Murphy is a journalist and Palestine solidarity activist from Chicago. She spent a few years living and traveling throughout the Middle East, interning for the Palestinian human rights organization Al-Haq in the occupied West Bank in 2004-06 before she was denied entry and deported by the Israeli government. She also lived in Lebanon in 2007, learning about the human rights situation for Palestine refugees and the impact of U.S. foreign policy there.
Guest – Michael Deutsch, attorney with the People’s Law Office in Chicago.
Climate Change, Criminalizing Dissent, Extraordinary Rendition, Human Rights, Political Prisoner, Prison Industry, Torture
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Economic Recovery? Austerity in the US and Abroad
In our previous interview with Professor of Economics, Rick Wolff, we talked about austerity, that is imposing on society a severe regimen of rising taxes, or cut government spending to please and satisfy creditors. Massive protests erupt against austerity in Greece, Portugal, Ireland and soon maybe Spain, as governments raise college tuition, taxes, retirement ages plus cutting worker benefits and wages. These austerity measures are about to hit the United States. Veiled in the recent tax deal with the Republicans is a decision Americans will need to make. Higher taxes or cut services? With growing debts made worse by Obama’s tax deal, the US moves quickly toward austerity while the political establishment and the media mostly pretend all is well says Rick Wolff.
Professor Rick Wolff:
- In order to get anything through, the President had to accomodate the richest people in the United States and the biggest corporations. I’m going to allow you to pass even more wealth to your children or the people who inherit your estate. Here’s an extra gift, the estate tax.
- These are the people who did the best over the last 30 years. Wage earners and salary earners went nowhere, but people rich enough to own shares in the stock market made out like bandits.
- Estate tax, you can earn money for the state to run services we all need by taxing the super-rich so they’re not quite so far ahead. What this last bill does . . rich people in America were already allowed to leave 3.5 million dollars for each person (husband/wife) to their children or anyone else and the federal government wouldn’t touch it.
- Less than one half percent of Americans who even have this amount of money.
- This new law raises the amount from 7 million per couple to 10 million per couple. The new tax law also reduces the amount to pay from 45 to 35 percent. A gift in the millions for the super-rich.
- Translating into billions of dollars that are now going to be saved by the richest people in the United States. We’re going to be talking about the difficulties the government has in doing things because it doesn’t have money. The government just gave away the store to richest one half of one percent.
- What the rich do when they get a break like this, and when you turn to Wall Street, the hottest investments are in other parts of the world. Funding economic development in other parts of the world.
- Unemployment is as high as it was a year ago. Foreclosures are running at a multi-million dollar clip per year.
- Last month the Federal Reserve decided to print another 600 million dollars. My view is we’ve got years of unemployment ahead of us, years of a disasterous housing market, very few signs of recovery.
- The worst has yet to hit. It takes time for states to crumble.
- The municipal bond market, the debts of cities and towns are going to see significant default.
- You need organization to act in historic moments that moments where people need action.
- The flow of jobs from the United States to other parts of the world is continuing. American corporations don’t see the US as a “growth area.” They’re focused elsewhere.
- We’re becoming a society where large numbers of people are living on the margins. It’s a new experience in this country after a century of being a little different from that.
Guest – Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program in International Affairs of the New School University, New York City. He also teaches classes regularly at the Brecht Forum in Manhattan.
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Two Year Evaluation of the Obama Administration
There is a long list of items progressive Americans had hoped to accomplish through the Obama Administration. In our interview with Roger Hodge, author of The Mendacity of Hope: Barack Obama and the Betrayal of American Liberalism, Hodge says Obama didn’t fight for anything worth fighting for. With corporate backers such as Goldman Sachs, Morgan Stanley and Citi-Group, the Obama Administration has been severely compromised. These corporations expect something in return. The Obama Administration has been criticized for expanded the wars abroad from Iraq, Afghanistan, Pakistan and Yemen, criticized for continuing the Guantanamo detention policies, the Wall Street bailouts and bargaining with the Healthcare bill as a bailout for insurance companies. In this aftermath of 2010 and we look back to 2008.
Nellie Hester Bailey:
- A browner hue of imperialism. The policy of the US government at home and abroad would remain the same. When we look at the platform of then presidential candidate Barack Obama, he made very clear that he was a centrist candidate. In many instances to the right of Hillary Clinton, if one can imagine that.
- We were never taken in, mesmerized, blinded . . we knew very well who he was.
- He has proven to be much worse than anticipated. Not for me but for my colleagues who were cautiously optimistic.
- On January 20th, President Obama is going to deliver his State of the Union Address. Everyone expects this is going to be the prelude for another deadly compromise for the working class.
- There was a study done in the Guardian newspaper and amazingly African Americans were more optimistic about their economic situation and felt much more secure under Barack Obama’s administration than ever before. When in fact just the opposite is true.
- African Americans have lost trillions of dollars in the housing crisis, the mortgage scam.
- We have to remember it was President Barack Obama that gave the banks a free ride.
- We have added 9 billion dollars to the deficit with this tax cut deal, that is extending the tax cuts to the 2 percent of the wealthy. We are supposed to believe that he did this for us? The poor and the working class?
- Unlike the right wing, I believe he will be a one term president.
- What we need for the working poor and African Americans is the blinders to be pulled off, so people can see what it is that we are dealing with. When you look at the report from the CDC where have a 50 percent increase in the number of people that are uninsured.
- The work force is being reduced, we are expected to work longer hours, we are expected to retire later in life, we are being worked to death. These are the undeniable realities.
- You can no longer herd the people like sheep into this nightmare of compromise.
- After 2 years, I think progressives for Obama need to step back and realize their responsibility for building a working class people, multi-racial movement.
- You have to commit to a movement, you don’t do that as an individual.
- Open Letter to encourage self-proclaimed left leaders such as Bill Fletcher, Tom Hayden and Barbara Ehrenreich to move from critical support into active opposition of the administrations agenda.
- I co-host a program with Glen Ford who is the Executive editor of Black Agenda Report.
- Black Agenda Report, we air on Mondays at 5 PM.
Guest – Nellie Hester Bailey, human rights activist who has worked in peace and justice movements for over forty years. From her early organizing with the Student Non-violent Coordinating Committee, to tenant rights and anti-war struggles, to advocacy on behalf of women Bailey has been at the forefront of social justice and social change organizing. Bailey co-founded the Harlem Tenants Council (HTC) in 1994. She currently serves as Director of the tenant led grassroots organization based on the self-determination tradition of radical activism that provides anti-displacement organizing for poor and working class families primarily in Central Harlem
Bailey is co-founder of Blacks in Solidarity Against the War that in 2005 help stage the largest anti-war demonstration in Harlem since the invasion of Iraq. A founding member of Cuba Solidarity New York, Bailey traveled to Cuba on three separate occasions.
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CIA Sponsored Terror, Civil Liberties, Human Rights, Political Prisoner, Truth to Power, War Resister
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Updates:
- Much like the Russian Revolutionaries who opened the books on the Czars’ secret diplomacy and like the Pentagon papers on the Vietnam War, Wikileaks has done a great public service.
- US citizens now have access to the truth, that’s the basis of democracy.
- Julian Assange denied bail.
- Documents show utter duplicity of US government: Hypocritical and lying about fundamentals of democracy.
- Amazon / Paypal / Mastercard quit Wikileaks.
- Isolating, labeling, calling terrorists, but there’s a huge groundswell of support for Wikileaks.
- Wikileaks have struck a real blow against an imperial government.
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US Congress to Increase Aggression against Venezuela, ALBA Countries
Last week, members of the extreme Latin American right wing held a meeting in Washington with high-level representatives of the US Congress. The event is evidence of an escalation in US aggression toward the region, writes Eva Golinger in her article US Congress to Increase Aggression against Venezuela, ALBA Countries.
The countries in the region include Venezuela, Cuba, Bolivia, Ecuador and Nicaragua – all members of the Bolivarian Alliance of the Peoples of Our America (ALBA) and they were the topic of debates in the meetings that centered around 3 main questions. – and included “debates” centered around three primary questions:
- Are democracy and human rights in danger under the “21st Century Socialism” of Venezuela, Ecuador, and Bolivia?
- Does the ALBA Alliance of Cuba, Venezuela, Bolivia, Ecuador and Nicaragua constitute a threat to US interests and inter-American security?
- Is current US policy toward the region equipped to respond to the erosion of democracy and the pernicious influence of such hostile actors as Iran, foreign and domestic terrorist groups, and narcotics traffickers?
US Congress members at the meeting include House Foreign Affairs Committees, including Elliot Engel, New York democrat and current chairman of the House Foreign Affairs Subcommittee on the Western Hemisphere; Connie Mack, Florida republican and incoming chairman of the same committee; Ileana Ros-Lehtinen, and many more who met with the extreme Latin American right wing responsible for coup d’état’s terrorism and destabilzation.
Eva concludes in her article that this event is proof following the November 2 elections, that Washington’s policies toward Latin America will be more aggressive in the near future.
Eva Golinger:
- The meeting took place in the US Capitol Visiting Center on November 17th 2010, and it was titled Danger in the Andes: Threats to Democracy, Human Rights and Inter-American Security.
- The meeting counted on the participation of several figures, personalities in Latin America from the extreme right.
- There were some people from Bolivia who attempted to overthrow the Morales administration.
- One member participating in the meeting at the US Congress in November was involved with directly in an attempt to assassinate the president of Bolivia. Louis Nunez
- In Latin America there’s been a shift toward more progressive governments and policies, regional integration but at the same time an increased assault on Latin American stability and democracy coming from forces that either held power in prior years or want to take power in the region.
- We’ve seen five coups in the past ten years. Venezuela in 2002, Haiti in 2004, Bolivia in 2008, Honduras in 2009, and Ecuador this year.
- Two of those were successful, Haiti and Honduras. All right wing coups backed by the United States.
- The decision that they (Latin American right wing) came to at the meeting is that the US isn’t doing enough.
- The policy toward Cuba is equated directly with Venezuela, and the policy of Venezuela is going to Ecuador and Bolivia because they all form part of this regional block called ALBA.
- If we have people like Connie Mack running the Subcommittee on Foreign Relations on Latin America who declared in that conference in the Congress last month that with the new Republican majority they need to take action and confront Hugo Chavez head on.
- There are right wing governments in Latin America, we’ve got Peru, Columbia and Chile, but they also rejected the coup attempts.
- Honduras Wikileak memo: The document was an internal memo sent from a US ambassador to the US Secretary of State. It said that the coup that took place June 2009 against President Manuel Zelaya was completely illegal, had no constitutional foundation. It is completely the contrary position the US assumed publicly. The US State Department never declared formally the events as a coup d’état.
- The basis of my work is to use the US Freedom of Information Act to try to declassify US documents, not obtained illegally. One piece of evidence that was demonstrated irrefutably is the increase in funding coming out using US tax payer dollars to fund organizations and political groups in Latin America that are trying to destabilize democratically elected governments.
Guest – Eva Golinger – winner of the International Award for Journalism in Mexico (2009), named “La Novia de Venezuela” by President Hugo Chávez, is an Attorney and Writer from New York, living in Caracas, Venezuela since 2005 and author of the best-selling books, “The Chávez Code: Cracking US Intervention in Venezuela” “Bush vs. Chávez: Washington’s War on Venezuela” ,“The Empire’s Web: Encyclopedia of Interventionism and Subversion.” Since 2003, Eva, a graduate of Sarah Lawrence College and CUNY Law School in New York, has been investigating, analyzing and writing about US intervention in Venezuela using the Freedom of Information Act (FOIA) to obtain information about the US Government’s efforts to destabilize progressive movements in Latin America.
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CIA Sponsored Terror, Civil Liberties, Death Penalty, Human Rights, Political Prisoner, Targeting Muslims, Truth to Power
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Drone Based Targeted Killings of U.S. citizens. Anwar Al-Aulaqi
Can the Obama Administration or any future administration use lethal force against US citizens who the executive office unilaterally determines as a threat to the nation? Not yet, but in recent government arguments, in the Anwar Al-Aulaqi case, the executive branch would have unreviewable authority to carry out targeted killings of Americans deemed to be enemies of the state. The ACLU and the Center for Constitutional Rights filed a lawsuit in the U.S. District Court for the District of Columbia on August 30, and the government filed its reply brief on September 25.
The ACLU and CCR were retained by Nasser Al-Aulaqi to bring a lawsuit in connection with the government’s decision to authorize the targeted killing of his son, U.S. citizen Anwar Al-Aulaqi, whom the CIA and Defense Department have targeted for death.
Pardiss Kebriaei:
- This will be our first chance to defend our motion for a preliminary injunction and respond to the government’s arguments. The sum and substance of the government’s arguments is that there should be no rule for the court at all in the question we presented. Whether the government has authority to execute one of its citizens without any kind of due process.
- There should be absolutely no judicial review at all. They have not got into the merits of why they believe they should have this authority. They assert the US is involved in a global war against Al-Qaeda, by virtue of the war the US has the ability to target any suspect of Al-Qaeda.
- Outside of Iraq and Afghanistan, the question of whether armed conflict exists, is a factual objective question. It’s not a matter of which the president declares and that the level of hostilities and the organization of groups in Yemen are just not such that they to the level of war.
- Anwar Al-Alwaqi is not Al-Qaeda, he is associated with Al-Qaeda.
- The US is not only claiming broad authority geographically but global authority in terms of any and all groups they deem somehow linked to Al-Qaeda.
- They’re claiming AUMF but they’re also claiming a very vague principle of self defense which is tricky. They are claiming self defense under article 51 of the UN charter.
- They’re going around criminal law and claiming un-reviewable authority to carry out global assassination. This is an escalation of what we saw under the Bush Administration with global detention authority, this is global killing authority.
- The authority could reach any citizen they deem a threat to national security. It could reach someone in the United States, the full contours of the government’s arguments would be that the decision to kill is for the executive to determine and that should be an un-reviewable decision.
- The mechanized disconnected nature of the killing is alarming, both by an accountability point of view and a moral point of view.
- The drone project is operated by the CIA and by a covert unit in the Department of Defense called the Joint Special Operations Command.
- Documenting them is incredibly hard, but yet you have the expansion of the war and killings, in this shadow war way. You have this parallel secret war being conducted by the CIA and JSOC largely through the use of unmanned drones. What we have here is the pre-determination of the ability to kill.
- There’s been a steady increase of rhetoric about Yemen and an escalation in the language of war.
Guest – Pardiss Kebriaei, she joined the Center Constitutional Rights in July 2007. Since then, her work has focused on representing men detained at Guantánamo Bay in their habeas corpus challenges, before international human rights tribunals, in diplomatic advocacy with foreign governments to secure resettlement for men who cannot return home, and in post-release reintegration efforts. Her clients have included men from Yemen, Syria, Algeria, and Afghanistan. Her work includes seeking accountability for torture and arbitrary detention at Guantánamo.
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Justice On Trial: Documentary on Mumia Abu-Jamal
We’re pleased to have with us today the director Kouross Esmaeli of the new documentary Justice On Trial. The film focuses on the case of Mumia Abu-Jamal, one of the most scrutinized and contested legal cases in American history. Justice on Trial examines the facts of the case, the judicial bias, racial discrimination in jury selection, prosecutorial misconduct and tampering with evidence to obtain a conviction. The injustices and problems in Mumia’s case as many listeners know, are common within the criminal justice system in the United States.
Kouross Esmaeli:
- I tried to get an interview with the wife of the police officer who was killed on the night of December 9, 1981
- I thought it was important to show what drives that side I came to realize that Tigre Hill was making a film (about Mumia, titled Barrel of A Gun) that was propaganda for the other side.
- We had to make sure that film doesn’t become the voice of the nation.
- (Film includes photos 12 minutes after shooting occurred)
- The photos were discovered by an activist and scholar in Germany. He found them online, Michael met the photographer in the US, and realized there were 22 photographs from that night.
- They were offered to the prosecution, they refused.
- What the photographs show is incredible, they show a roving police hat.
- Officer Faulkner’s hat is placed in different spots on the crime scene.
- They show police handling the gun that was supposedly used in this crime. Handling it without gloves.
- There’s this push to kill Mumia and silence him physically. I’m interested to know what drives these people.
- For a screening in your area contact – – Kouross by email – – Kouross@bignoisefilms.org
Guest – Kouross Esmaeli, independent filmmaker and journalist.
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Final Verdict : What Really Happened in the Rosenberg Case.
In 1965, Walter and Miriam Schneir published Invitation to an Inquest, it was among the first critical accounts of the Julius and Ethel Rosenberg case. They were executed in 1953 for passing atom bomb secrets to Soviet Russia. In that book the Schneirs presented exhaustive evidence that key witnesses in the trial had changed their story after prompting from prosecutors. Their conclusion was, the Rosenbergs were innocent. Now after 30 years, Walter Schneir returned to the case with new evidence. Schneir had found that Julius Rosenber was marginally involved in the atom bomb spy ring and Ethel wasn’t involved at all. However they both lied about not knowing about espionage because of their earlier activities in World War II. All of this unravels in the Final Verdict : What Really Happened in the Rosenberg Case.
Miriam Schneir:
- The case began in 1950, 60 years ago. American cities were vulnerable to nuclear attacks. In that climate the Rosenbergs were arrested. The legal charge was conspiracy to commit espionage. During the trial, they were charged with stealing the secrets of the atomic bomb.
- The principle witnesses were Ethel Rosenberg’s brother, David Greenglass and his wife Ruth.
- David was in the Army and serendipitously was sent to Los Alamos, where the atomic bomb was being constructed.
- Julius was a spy during the wartime years. Ethel did nothing, she was not a spy.
- In a report by the Atomic Energy Commission, Greenglass was ranked as the least effective atomic spies back then. There was a lot of effort on the part of the Department of Justice to convict these people.
- This case is relevant today in a larger frame work.
- We can see that the Rosenberg case is like the Dreyfus case or the Sacco and Vanzetti case.
- It’s essential that leftists of each generation should keep that history alive.
- Now it’s Islam fundamentalism. That’s not to say there was no danger.
- You see the government use the courts to advance policies.
- On a personal level, Walter and I learned from the Freedom of Information documents we recieved, on the basis of the Meeropol suit, that while we were researching an Invitation to an Inquest, the FBI had been track our activities.
- We were just two writers who were trying to research a book, they were tapping our phones, and finally they placed us as well as thousands of others on an index of people who would be detained in the event of a national emergency.
- After the book was published, an FBI memo, directed that the book should be smothered and forced out of the public eye.
Guest – Miriam Schneir, editor of Feminism in Our Time: The Essential Writings, World War II to the Present and Feminism: The Essential Historical Writings. In addition to Invitation to an Inquest, she is also the co-author of “Remember the Ladies”: Women in America, 1750–1815.
Walter Schneir, a freelance writer on law, politics, and science. He is the co-author, with his wife Miriam Schneir, of Invitation to an Inquest, long considered the definitive book on the Rosenberg case. He is also the editor of Telling it Like it was: The Chicago Riots, an early account of the 1968 Democratic Convention. He died in April 2009 soon after completing this work.
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