Law and Disorder December 2, 2019

CCR Attorney Brings GTMO Cases To Highest International Court

The International Criminal Court was established in 1998 and began sitting in 2002. To date there are 123 countries who have ratified the Rome Statute that created the ICC and participate in it.

The role of the ICC is to bring to justice the world’s worst crimes known to humankind – war crimes, crimes against humanity, and genocide. The United States of America is not one of the 123 countries who participate in this International Court. But it can still be investigated and tried if the crimes it commits were committed in one of the 123 countries.

Guest – Attorney Katherine Gallagher, senior attorney at The Center for Constitutional Rights will be appearing before the ICC in the Hague in Holland on December 4, 2019. Attorney Gallagher will be representing two men currently being held and indefinitely detained in the US offshore prison camp in Guantánamo Cuba. Katherine works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, and Survivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.

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In Defense of Julian Assange Book Launch

Margaret Kunstler, Aaron Mate, Nathan Fuller, Amy Goodman, and Barry Pollack spoke about the wrongly prosecuted Julian Assange on the occasion of the recent publication by OR Books of In Defense of Julian Assange composed of 39 authors offering a range of insights and perspectives. The event on November 21, 2019 took place at the home of the late Michael Ratner, Assange’s former attorney. We hear from Margaret Kunstler, Barry Pollack, Nathan Fuller and Amy Goodman.

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Law and Disorder November 4, 2019

Kings Bay Plowshare 7 Face Sentencing After Powerful Testimony

In our society nuclear weapons that can destroy all creation are taken as a normal, even an inevitable, part of life. In a dramatic action to break what they call “the crime of silence“ seven Catholic peace activists entered the Kings Bay Trident Submarine Base in Georgia last April to perform an act of symbolic disarmament. They were arrested, tried two weeks ago and quickly convicted on October 24, 2019 in a Georgia court. They face more than 25 years in prison.

Kings Bay is home port to six ballistic missile Trident submarines, each of which deploy 16 Trident missile’s carry in four or more warheads of at least 100 kilotons. The Hiroshima bomb was 14 kilotons. Each submarine thus has the destructive power of at least 500 Hiroshima bombs.

Past interviews with Kings Bay Plowshare 7 Members:

October 7, 2019

February 18, 2019

Guest – Attorney Bill Quigley. Bill is the former legal director at the Center for Constitutional Rights, and is currently a law professor and Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans. Bill has been an active public interest and human rights lawyer since 1977. Bill has served as counsel with a wide range of public interest organizations on issues including Katrina social justice issues, public housing, voting rights, death penalty, living wage, human rights, civil liberties, educational reform, constitutional rights and civil disobedience. Bill has litigated numerous cases with the NAACP Legal Defense and Educational Fund, Inc.He practices and teachers law in New Orleans.

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Potential Retrial For Imam Jamil Al-Amin (H. Rap Brown)

“His voice had power. His booming delivery was infused with rousing socio-political rhetoric. With a rhythmic cadence, tone, and inflection, his voice kept a beat. It emboldened a generation of black youth, and frightened the white establishment.”

Those words by Obaid Siddiqui for Medium describe a former Minister of Justice for the Black Panther Party, known in the 1960s and 70s as H. Rap Brown. Once the chairperson of the Student Nonviolent Coordinating Committee, Imam Jamil Al-Amin was one of the original four targets of the FBI’s infamous COINTELPRO program. The Bureau called for the “neutralization” of Al-Amin and other prominent black leaders such as Martin Luther King Jr and Stokely Carmichael. The FBI compiled enormous files on Al-Amin and his community.

Now 76 years old, he is serving a life sentence for what many claim was the wrongful conviction in 2002 for shooting two deputy sheriffs in Atlanta, Georgia on the night of March 16, 2000. This, despite a man named Otis Jackson confessing to the shooting. Investigative journalist Hamzah Raza reported on Otis Jackson and his confession that could exonerate Al-Amin.

Al-Amin was transferred from the ADX SuperMax prison in Florence, Colorado to Butner Federal Medical Center in North Carolina after being diagnosed with multiple myeloma. He is currently being held at the United States Penitentiary in Tucson, Arizona. https://www.kundnani.org/jamilalamin/

Guest – Arun Kundnani, Adjunct Professor of Media, Culture, and Communication at New York University, and teaches terrorism studies at John Jay College. He is the author of The Muslims Are Coming: Islamophobia and He is the author of The End of Tolerance: Racism in 21st Century Britain.

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Law and Disorder October 28, 2019

Jeremy Hammond Refused To Answer Federal Grand Jury Questions

Imprisoned information activist Jeremy Hammond was recently found in contempt for refusing to answer seven questions in front of a Federal Grand Jury in the Eastern District of Virginia. Earlier this year Chelsea Manning was remanded into custody for failure to provide testimony before the same grand jury.

In late August 2019, Jeremy was removed from the Federal Correctional Institution in Memphis, Tennessee where he was serving a 10-year prison sentence after pleading guilty to charges he hacked the private intelligence contractor Stratfor Global Intelligence. At the time of his transfer Jeremy was enrolled in the Federal Bureau of Prison’s intensive Residential Drug Abuse Program. Participants qualify for early release on completion of the program. Jeremy’s release date was projected to come around mid-December of 2019. Because of his removal from the drug program and the summons to this grand jury his prison time incarcerated could be extended by over two years.

FreeJeremyHammond

HackThisSite

Jeremy is currently confined at William G. Truesdale Correctional Center in Alexandria, VA and will likely remain there for the duration of these proceedings.

Guest – Attorney Sarah Kunstler – Sarah attended law school and graduated from Columbia Law School in 2004. She began practicing law in 2005 and is an attorney at Kunstler Law, helping people with Civil Rights issues.

Guest – Jeremy Hammond is a member of the hacktivist network Anonymous and a gifted computer programmer whose case has attracted the attention of activists, civil libertarians and those concerned about the rights of whistleblowers. He is currently spending a decade in prison for allegedly disclosing information about the private intelligence firm Strategic Forecasting, Inc. (Stratfor), revealing that they had been spying on human rights defenders at the behest of corporations and governments.

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US Abandons Kurds Again

Russia was poised to step into the power vacuum left after President Trump ordered American troops to leave northeast Syria earlier this month, paving the way for a deadly Turkish offensive. U.S. forces only numbered around 1,000, but with their Kurdish partners they were able to beat back ISIS and bring relative stability to a large part of Syria after six years of war.

Thousands of the Kurdish-led fighters died while fighting ISIS, and now say they’ve been betrayed by America.

About 200,000 civilians have fled the clashes with Turkey, and a Kurdish lawmaker called on President Trump to stop what she called “ethnic cleansing” of the Kurds in northern Syria. Turkey insists its offensive has not targeted civilians and views the Kurdish-led forces as terrorists linked to a separatist movement based in southern Turkey.

Erdogan has said if the Kurds aren’t completely out of what he’s called a “safe zone,” stretching across most of Syria’s northern border and about 20 miles south into Syrian territory, his offensive against them will resume. Already it has claimed dozens of civilian lives and has forced hundreds of thousands from their homes.

Syria’s Russian-backed President Bashar Assad has lambasted Turkey for its offensive on his soil, and criticized Syrian Kurds for asking the U..S for help.

Guest – Phyllis Bennis  is a fellow of the Institute for Policy Studies, where she works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.

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Fall Out From US Troop Withdrawal From Syria

The US constitution commands that Congress must declare war before the President, the commander-in-chief of the arm forces, can engage in hostilities.

Moreover, the United Nations charter, to which the United States is a signatory, and which was established after World War II to prevent wars of aggression, requires countries to obtain permission from United Nations Security Council before going to war. There are no exceptions except for self-defense.

Since 2011 United States has had troops in Syria in violation of both the US Constitution and the United Nations charter.

When Donald Trump ran for the presidency in 2016 he criticized the Iraq war. Recently he said that war, commenced in 2003, was based on a lie. The lie was that Saddam Hussein, then leader of that country, had been in possession of weapons of mass destruction and in league with the terrorist organization Al Qaeda. As a result of this lie tens of thousands of lives were lost and millions of people displaced and made into refugees.

Three weeks ago Trump withdrew US troops from neighboring Syria, where they had been sent after the commencement of the war in Iraq. This move was condemned by a lopsided vote in the US in the US House of Representatives, which included many Republicans and was condemned as well in the mainstream media. Trump was accused of betraying the Kurds who live in Northeast Syria and who had fought alongside American troops against the terrorist organization ISIS. After the withdrawal of US troops the Kurds were immediately attacked by forces of neighboring Turkey which has resisted autonomy for the Kurds since the end of World War in 1917.

contact – jmackler (at) lmai (dot) net

Guest – Jeff Mackler, author of “Syria: Anatomy of Another Imperialist War“. He is on the administrative committee and a founder of the United National Antiwar Coalition. Jeff Mackler is Socialist Action’s candidate for the US presidency in 2020.

Law and Disorder October 21, 2019

Impeachment Inquiry With Constitutional Law Professor Marjorie Cohn

Nearly 300 former U.S. national security and foreign policy officials signed an open letter on October 6, calling for an impeachment inquiry into President Donald Trump’s dealings with Ukraine.

The signatures were gathered by National Security Action, an organization that former Obama administration officials formed out of concern for Trump’s “reckless leadership.” The list includes many others who served as career officials in Republican and Democratic administrations.

The former national security professionals said they had largely avoided politics during their public service, but said allegations revealed in the recent whistleblower complaints warranted an additional investigation.

“The revelations of recent days, however, demand a response,” the statement says. “President Trump appears to have leveraged the authority and resources of the highest office in the land to invite additional foreign interference into our democratic processes.”

Guest – Attorney Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. MarjorieCohn

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Trump Impeachment Inquiry

Like President Richard Nixon before him President Donald Trump made the mistake of using his power as president to go after the wrong target.

Nixon had his people burglarize the Democratic Party’s  headquarters in the Watergate complex in Washington DC. President Trump himself used his power to try to get the president of the Ukraine to investigate his, Trump’s, main Democratic Party rival, Joe Biden.

This transgression, not Trump’s caging of children, violating the separation of powers, or violating the emoluments clause of the Constitution, was viewed by the mainstream of the Democratic Party and their leader Nancy Pelosi as a “high crime and misdemeanor” violative of the constitution and worthy of an impeachment inquiry.  Joe Biden is the preferred candidate of the Democratic establishment.

By impeaching Trump they want to preempt any possible attack on Biden, or on themselves, that could emerge from the Ukraine.  It is to be remembered that the Obama Biden Clinton administration orchestrated and overthrew the democratically elected government of Ukraine in 2014, replacing it with the current government, which, for the first time since World War II has actual fascists in the Ukrainian government.

The impeachment process as it gains momentum could spread to other figures in the Trump administration. Trump’s  personal attorney Rudolph Giuliani seems likely to get indicted for violating election finance laws.

The impeachment inquiry could also expose the reality of the democratic party itself which under Obama, Biden, and Hillary Clinton organized the overthrow in 2014 of the democratically elected government of Ukraine and opened the door to American investment in the country, especially in natural gas.  Hunter Biden, Joe’s son, as is now widely known, got a seat on the board of Berksems, the largest natural gas company in the Ukraine. This evident sinecure netted  him $50,000 a month for a period of several years.

Guest – Ron Jacobs, author of Daydream Sunset: Sixties Counterculture in the Seventies published by CounterPunch Books. His latest offering is a pamphlet titled Capitalism: Is the Problem.

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Law and Disorder October 14, 2019

U.S. Judge Sides With Chevron, Blocks $9.5 Billion Judgement, Donziger Arrested.

In 2012 the Ecuadorian Supreme Court ordered the oil giant Chevron to pay $9.5 billion in damages to five indigenous tribes of the Amazon rain forest. It was one of the largest judgments in history.

The court ruled that Chevron systematically contaminated a patch of the Amazon forest the size of Rhode Island. The people there are suffering from cancer and other diseases and forced to drink toxic water and grow crops on poisoned land.

Chevron retaliated. They sued in federal court in the Southern District of New York, got Judge Louis Kaplan, an extremely pro corporate judge, who sided with the second largest oil company in the world, blocked the judgment from being enforced, and instead had the peoples’ attorney Steven Donziger charged with racketeering arrested, confined to his home, forced to wear an ankle bracelet, and suspended from the practice of law.

On March 4, 2019 the judge declared the judgment null and void. He said it was the fruit of an illegal shakedown, the result of “a five-year effort to extort and defraud Chevron.“ Donziger responded saying that the judge was an accomplice in “the biggest corporate retaliation campaign in history.“ He told Rolling Stone magazine that “Chevron has spent over $2 billion trying to wear us out and shut us down.”

The oil companies sole witness to its central charge of bribery was a corrupt Ecuadorian ex-judge named Alberto Guerra. They gave him $2 million, got him American citizenship, and installed him and his family in a home in the United States.

ChevronToxico.com 

ChevronInEcuador.com

Guest – Attorney Martin Garbusone of three pro bono lawyers representing Donziger in an attempt to get his law license restored.

Guest – Paul Paz y Miño, Associate Director at Amazon Watch since 2007, and a professional human rights, corporate accountability and environmental justice advocate.

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McCarthyism vs. Clinton Jencks By Raymond Caballero

Clinton Jencks was a decorated World War II hero, who in 1950 led a local of the International Union of Mine, Mill, and Smelter Workers in the famed Empire Zinc strike. It was memorialized in the blacklisted 1954 film Salt of the Earth—in which wives and mothers replaced strikers on the picket line after an injunction barred the miners themselves. Jencks was also a target of Senator Joe McCarthy’s anticommunist hysteria in which thousands lost their jobs, careers and reputations, even though none had committed a crime. Three years after the strike, Jencks was arrested and charged with falsely denying that he was a Communist. He was sentenced to five years in prison.

The Supreme Court in Jencks v. United States (1957), overturned his conviction in a landmark decision that mandated providing an accused person any previously hidden witness statements so that cross-examinations could be effective. In the new book McCarthyism vs. Clinton Jencks, scholar Raymond Caballero reveals for the first time that the FBI and the prosecution knew all along that Clinton Jencks was innocent.
Jencks’s case typified the era, exposing the myriad of injustices many suffered at the hands of McCarthyism. His journey for justice offers a new window into the McCarthy era’s oppression, which irrevocably damaged the lives, careers, and reputations of thousands of Americans.’

Guest – Raymond Caballero, author of Orozco: The Life and Death of a Mexican Revolutionary. Human rights attorney Michael E. Tigar wrote the introduction to McCarthyism vs. Clinton Jencks.

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Law and Disorder September 30, 2019

Power of Attorney: Can Progressive Prosecutors Achieve Meaningful Criminal Justice Reform?

Can progressive prosecutors achieve meaningful criminal justice reform? Returning guest reporter Andrew Cockburn addresses this question in his recent article in Harper’s magazine titled Power of Attorney.

Attorney Dave Clegg, running for the office of prosecutor in Ulster County, has written that prosecutors are the most powerful elected officials people probably know the least about. They are the gatekeepers to the criminal justice system. People don’t realize how the DAs decisions impact people facing the criminal justice system and the long-term consequences suffered by their families and communities.

A DA serves with broad discretion and little oversight. For decades harsh decisions by “tough on crime“ DAs have made the USA the world leader in over-incarceration. Most District Attorney races go unchallenged and DAs can remain entrenched in power for decades. DAs have been active roadblocks to justice reform efforts, transparency, and change.

Hopeful prosecutors with good ideas have been running in cities across the country. What reforms are they advocating? What kind of resistance are they coming up against? The Daily Appeal

Guest – Andrew Cockburn, the Washington editor of Harper’s magazine discusses the appearance of progressives running for prosecutors in cities as diverse as San Francisco California, Philadelphia Pennsylvania, Baltimore Maryland, Queens New York, and Ulster county New York.

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The CIA as Organized Crime: How Illegal Operations Corrupt America and the World

In 1947 Congress passed the National Security Act which led to formation of the National Security Council and, under its direction, the CIA. Its original mandate was to collect and analyze strategic information for use in war. Though shrouded in secrecy, some CIA activities—such as covert military and cybersecurity operations—have drawn public scrutiny and criticism.

In 1948 the Security Council approved a secret directive, NSC 10/2, authorizing the CIA to carry out an array of covert operations. This essentially allowed the CIA to become a paramilitary organization. Before he died, George F. Kennan, the diplomat and Cold War strategist who sponsored the directive said that “in light of latter history, it was the greatest mistake I ever made.”

Since NSC 10/2 authorized violation of international law it also established an official policy of lying so as to cover up the lawbreaking.

Guest – Douglas Valentine, author of The CIA as Organized Crime: How Illegal Operations Corrupt America and the World. Mr. Valentine’s rare access to CIA officials has resulted in portions of his research materials being archived at the National Security Archive, Texas Tech University’s Vietnam Center and John Jay College. He has written three books on CIA operations, including The Phoenix Program which documented the CIA’s elaborate system of population surveillance, control, entrapment, imprisonment, torture and assassination in Vietnam. His new book describes how many of these practices remain operational today.

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