Civil Liberties, Criminalizing Dissent, Human Rights, NSA Spying, Political Prisoner, Prison Industry, RFID, Supreme Court, Surveillance, Truth to Power
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Law and Disorder Editorials:
- FDA Approves Digital Pill by Heidi Boghosian
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Release Aging People in Prison Campaign
The number of persons 50 years and older in New York State has risen more than 98% since 2000; it now exceeds 10,000—nearly 20% of the total incarcerated population. This reflects a national crisis in the prison system and the extension of a culture of revenge and punishment into all areas of our society.
The organization Release Aging People in Prison, or RAPP, works to end mass incarceration and promote racial justice by getting elderly and infirm people out of prison.
Led by Mujahid Farid, a 2013 Soros Justice Fellow who was incarcerated for 33 years in New York before his release in 2011, RAPP focuses on aging people in prison, many of whom are long-termers convicted of serious crimes. Many of these human beings have transformed their lives and developed skills and abilities they lacked before incarceration. They could be released from prison with little or no threat to public safety. Yet many are denied release, often for political reasons, and they needlessly remain imprisoned into old age. These elders could return to their communities if current mechanisms such as parole and compassionate release were correctly utilized. We also support legislation in New York to correct the parole system and increase the number of releases.
Guest – Mujahid Farid co-founded the Prisoners AIDS Counseling and Education program and helped design prison-based sociology and theology courses that allowed others to earn college-credited in prison. He also earned four college degrees and other certifications while incarcerated, including his paralegal certificate, NYS Department of Labor Certificate in Human Development Counseling, and NYC Department of Health Certificate in HIV/AIDS Counseling.
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Guest – David George, Associate Director of RAPP. In the last few years Dave has organized with and on behalf of currently and formerly incarcerated people, including at the Osborne Association and Correctional Association of New York.
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Perpetual Line Up: Unregulated Police Face Recognition In America
The presence of surveillance cameras across the United States has enabled targeted facial recognition surveillance at essentially any place and any time. Each day law enforcement puts in place more and more cameras, including CCTV cameras, police body cameras, and cameras on drones and other aircraft. The FBI’s Next Generation Biometric Identification Database and its facial recognition unit, FACE Services, can search for and identify nearly 64 million Americans, either from its own databases or through access to state DMV databases of driving license photos.
It’s likely that government agencies will soon be able to pinpoint your location and even with whom you’ve been, just by typing your name into a computer.
The release of Apple’s IPhone X has drawn scrutiny to this technology. Despite civil liberties and privacy concerns, there are few limits on facial recognition technology. In March 2017 Congress held a hearing to discuss the risks of facial recognition surveillance. There is concern that facial recognition can be used to get around existing legal protections against location tracking, opening the door to unprecedented government monitoring an logging of personal associations, including protected First Amendment-related activities. Knowledge of individual’s political, religious and associational activities could lead the way to bias, persecution and abuse.
As with many technological advances, there are benefits, too. Facial recognition can assist in locating missing persons or for other public safety purposes.
Guest – Clare Garvie, Clare is a Law Fellow at the Georgetown Law Center on Privacy and Technology. Her research with the Center is on face recognition use by law enforcement and the disparate impact of payday lending on vulnerable communities. She worked on the Center’s 2016 report on facial recognition technology.
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
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Updates:
- Co-host Attorney Heidi Boghosian Discusses Robert “Sugar Bear” Lark Case
- Government Targeting Black Resistance Groups
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Victory In Al Shimari v CACI
President Trump told us during the campaign that he was in favor of torture because “it works.“ The Center for Constitutional Rights recently won a significant round in a case against a private military contractor, CACI who had tortured three of its clients at the infamous Abu Graib prison in Iraq in 2003 and 2004.
When he was president of the Center for Constitutional Rights, Michael Ratner maintained that if the torturers were not prosecuted, the practice of torture would be repeated. In fact none of the architects were held accountable in court. That is why the this recent procedural victory by CCR, in the case of Al Shimari is so important.
Guest – Attorney Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights. She 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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International Association of Lawyers Against Nuclear Arms: North Korea
Not since the Cuban missile crisis of 1962, 55 years ago, has the prospect of nuclear war seemed so frightening. President Donald Trump, who alone can commence a nuclear attack, has threatened North Korea with “fire and fury.“ North Korea has a population of 25 million people.
Gabriel Sherman writing recently in the magazine Vanity Fair said that the situation with Trump has gotten so out of control that Trump’s Chief of Staff, General John Kelly, and his Secretary of Defense, General Jim Mattis, have discussed ways to stop Trump should he order a nuclear attack.
Obviously, the solution to winding down the escalating confrontation needs to be one of diplomacy. But when Secretary of State, Rex Tillerson, the chief diplomat in America, attempted to do just that President Trump said publicly that “you are wasting your time.“
Guest – Peter Weiss, distinguished international lawyer and President Emeritus of the International Association of Lawyers Against Nuclear Arms and its US affiliate, the Lawyers Committee on Nuclear Policy. He helped draft their October 10th, 2017 statement North Korea: Solution or Disaster. Peter Weiss was a founder of the Center for Constitutional Rights and its former Vice President.
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CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Iran, Iraq War, Prison Industry, Surveillance, Targeting Muslims, Torture, War Resister
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35th Anniversary of Palestinian Mass Slaughter in Lebanon Refugee Camps
This month marks the 35th anniversary of the mass slaughter of civilian Palestinians by Lebanese fascists in their Lebanon refugee camps of Sabra and Shatila. The Palestinians who lived in the camps had been driven out of their villages in the Galilee by Israel. They had lived there for hundreds of years until the Zionist colonialists expelled them in 1948. The Israeli Army aided in the 1982 slaughter. The 1982 Israeli invasion of Lebanon, which preceded the massacre, was given the greenlight by the United States. Up to 1982, the Palestine Liberation Organization, known as the PLO, had its headquarters in Beruit, Lebanon. This Israeli Army invaded Lebanon and succeeded in driving the PLO out. The United States gave written commitments to the PLO about protecting the civilian population in order to secure the PLO’s evacuation from Beruit the month before the slaughter at Sabra and Shatila camps.
Israeli Defense Minister Ariel Sharon falsely asserted that there were 2000 terrorists in the camps. US Envoy to Lebanon Morris Draper did not dispute this falsehood. Sharon told Draper that ” We will kill them. They will not be left there. You are not going to save them.” Sharon sent Lebonese fascists into the refugee camps. They silently killed hundreds of Palestinians and Lebanese, mostly women and children and old men, using knives and bayonets. The Israeli Army lit up the killing fields with flares. There was such a worldwide outcry that Israel was forced to set up a commission of inquiry. That commission found that Sharon bore “personal responsibility” for the massacre and recommended that he be dismissed from his post as Defense Minister.
The blowback from these events in Lebanon 35 years ago still echo today in the wars America is conducting in Syria and Iraq.
Guest – Rashid Khalidi, Edward Said Professor of Arab Studies at Columbia University. He is the author of “Under Siege: PLO Decision Making During the 1982 War”. and most recently “Brokers of Deceit: How the US Has Undermined Peace in the Middle East.” Professor Khalidi recently had an article on the Sabra and Shatila massacre in The Nation magazine.
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Community Votes
The Queensbridge House public housing project in Long Island City Queens is the largest such complex in the country. With more than 7,000 residents, it’s a community with little faith in civic engagement. Like other public housing communities, and low-income neighborhoods in general, poor people vote at considerably lower rates than wealthier ones. Many feel apathetic, that the system is rigged, and that their votes don’t matter.
One nonprofit in NYC is using innovative partnerships with community-based social service organizations to conduct nonpartisan voter mobilization so more underrepresented citizens participate in our democracy.
Community Votes is trying to change the culture and mindset of large nonprofit social service agencies so they integrate into their day-to-day operations civic engagement activities. These activities include promoting awareness of elections and issues and encouraging voting and other participation in federal, state, and city policy making. A few years ago Community Votes partnered with the Jacob Riis Neighborhood Settlement, a longtime provider of social services in the Queensbridge Houses, to engage in personalized messaging to mobilize voters. The results were a considerably higher rate of voter turnout in the 2014 midterm elections.
Guest – Louisa Hackett is the director of Community Votes. Louisa founded Community Votes in 2013. Through her work at Community Resource Exchange providing consulting services to New York City nonprofit organizations, she recognized the assets direct service organizations have to turn more citizens into voters.
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CIA Sponsored Terror, Civil Liberties, Crony Capitalism, Human Rights, Prison Industry, Surveillance, Truth to Power
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U.S. Antiwar Leaders Call for Actions to Oppose the Escalation of the Afghanistan War During the Week of the 16th Anniversary of the Invasion, October 2 – 8.
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Confederate Monuments and The Meaning of the Civil War
The American Civil War fought from 1861 to 1865 killed more Americans than all other wars combined. 600,000 Americans died in a war that was fought over whether slavery was to be abolished in the United States. The Confederate General, Robert E Lee, had only an 1100 acre plantation in Virginia and 60 slaves. The value of a slave was about $30,000 in today’s dollar. Jefferson Davis, the president of the Confederacy, owned a 1400 acre cotton plantation in Mississippi.
The institution of slavery was enormously profitable and led to the establishment of America as a leading capitalist power in the world. Slavery was supported in the south not just by the slave owners themselves but by many white persons who by virtue of their skin color saw themselves as superior to blacks. It was widely believed that black people were inferior to white people, both intellectually and morally. Lincoln issued the revolutionary Emancipation Proclamation in 1863, freeing southern slaves. They began taking up arms and fighting against the slaveowners. In the wake of the Civil War biracial democratic institutions were established in the south. This was overthrown shortly thereafter when the Northern capitalists and politician made a deal with the ex-slave owners in the south. Union troops which were supporting the black population were withdrawn.
Thereafter a system of Jim Crowe segregation was instituted and blacks were nearly reenslaved and used as landless sharecroppers or prison laborers. Segregation was reestablished and enforced by massive terror by whites against blacks. The Ku Klux Klan was founded and thousands of lynchings were undertaken, carried out before the white public who assembled in crowds for the event.
Statues of southern generals like Robert E Lee and monuments to the confederacy were erected, not after the Civil War, but many years later to reinforce Jim Crowe and combat the civil rights movement.
Guest – Bruce Carlin Levine – Civil War historian and University of Illinois Professor Emeritus. His latest book titled “Fall of the House of Dixie” is widely appreciated as one of the best books on the Civil war. “Bruce Levine has taught history at the University of California and the University of Illinois. He has written four books on the Civil War, including The Fall of the House of Dixie (Random House, 2005). He’s now writing a book for Simon & Schuster about the radical Republican leader during the Civil War era, Thaddeus Stevens.”
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Joe Aripao, Sheriff of Maricopa County Pardoned By President Trump
Last week President Trump pardoned, without him even requesting it, the infamous Joe Aripao, Sheriff of Maricopa County, which includes the heavily Latino community of Phoenix. Arizona. Sheriff Joe was in office for 26 years. Observers have called it a “reign of terror.”
He himself called his jail a “concentration camp.” He kept prisoners outside in tents with temperatures ranging from 40° to over 100°. Prisoners died at an alarming rate, often without explanation. He paraded hundreds of Hispanic prisoners in chains dressed in black and white stripes through the streets of Phoenix. Another time he force them to wear pink underwear.
He was pardoned by President Trump, who praised him lavishly, after a federal judge found him in contempt of court for ordering his department to arrest people soley because they looked Latino and ignoring a court order to stop. Arpaio was about to be sentenced when Trump stepped in and overrode the judge.
Guest – Professor Ellen Yaroshefsky, she teaches ethics at the law school at Hofstra University. She is a former staff attorney and later board member at the Center for Constitution Rights and a leader of the National Lawyers Guild.
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Gaza, Guantanamo, Human Rights, Military Tribunal, NSA Spying, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America
The spectacle of President Donald Trump and the palace intrigue in the White House has served daily to distract people from the political strategy and accomplishments of the radical right, which is taking over the Republican Party.
Over time, the GOP has been transformed into operation conducting a concerted effort to curb democratic rule in favor of capitalist interests in every branch of government, whatever the consequences. It is marching ever closer to the ultimate goal of reshaping the Constitution to protect monied interests. This gradual take over of a major political party happened steadily, over several decades, and often in plain sight.
Duke University Professor Nancy MacLean exposes the architecture of this change and it’s ultimate aim. She has written that “both my research and my observations as a citizen lead me to believe American democracy is in peril”.
Guest – Professor Nancy MacLean, whose new book, Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, has been described by Publishers Weekly as “a thoroughly researched and gripping narrative… [and] a feat of American intellectual and political history.” Booklist called it “perhaps the best explanation to date of the roots of the political divide that threatens to irrevocably alter American government.” The author of four other books, including Freedom is Not Enough: The Opening of the American Workplace (2006) called by the Chicago Tribune “contemporary history at its best,” and Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, named a New York Times “noteworthy” book of 1994, MacLean is the William H. Chafe Professor of History and Public Policy.
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Senate Intelligence Committee Torture Report: Attorney Scott Horton
Guantanamo suicides, CIA interrogation techniques, CIA ordered physicians who violate the Hippocratic oath, are topics of some recent articles by returning guest attorney Scott Horton. Last month, he was on Democracy Now to debate former CIA General Counsel John Rizzo on the question of declassifying a Senate Select Committee on Intelligence report about the agency’s secret detention and interrogation programs. His book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy will be published January 2015.
Attorney Scott Horton:
- I think the results flow directly from the media coverage (ABC poll on Torture report)
- Now major publications and broadcasters that hedged using the word torture have stopped doing that. There are only a handful of media sources that won’t do it. NPR being one of them.
- The media also presents roughly twice as much time devoted to people justifying the use of torture techniques to those criticizing it.
- Barack Obama who should lead the push back has gone completely silent. It’s beyond silent he talked about “tortured some folks” making it very casual, and then he said the torturers were patriots.
- I thought it was electrifying reading. 90 percent of it I’ve heard about before and still when you read them in this clinical, plain, highly factual style and things were developed with a continuous flow with lots of background in decision making in Washington at the top and how all this effected what happened on the ground.
- As a consumer of Congressional reports this probably the single most impressive Congressional oversight report I’ve ever seen.
- It’s an excellent example of what the oversight committee should be doing all the time.
- They’re doing this with respect to a program which was essentially or very largely wrapped up by October 2006.
- We’re talking about 8 1/2 years ago.
- They’re only able to do this kind of review in any depth when its historical, not when its real time oversight, that’s disappointing.
- One thing that emerges from looking at these reports and the military reports is that there is a huge black hole which has never been fully developed and explored and that’s JSOC, its the military intelligence side.
- That escaped review within the DOD process and it escaped review in CIA process and its clear that there’s a huge amount there.
- I certainly don’t expect prosecutions to emerge for the next couple of years in the United States, but I see a process setting in that may eventually lead to prosecutions.
- On the one hand we’re seeing a dangerous deterioration in relations with Russia, is an aggressor, which has seized territory in the heart of Europe, is waging a thinly veiled war on one of its neighbors. That is very unnerving to the major NATO powers.
- On the other hand there’s never been a period in the history of the alliance when there is so much upset at the United States.
- That’s come largely from the rise of the surveillance state and the role of the NSA.
- I was looking at this report, and we know that in 2006, there was an internal review that led the CIA to conclude that these interrogation techniques were ineffective and the CIA internally decided to seek a large part of the authority for EIT’s and operation of black sites rescinded.
- Another thing that’s very important here from this report, it tells us that Michael Hayden, George Tenant, Porter Goss and other very senior people at the CIA repeatedly intervened to block any form of punishment of people who are involved with torture and running the black sites.
- That’s important because of the legal document Command Responsibility. The law says when command authority makes a decision not to prosecute and immunize people involved with torture and abuse, that results in the culpability of these crimes migrating up the chain of command.
- I interviewed CIA agents who were involved in this program, and they told me they’ve all been brought out by legal counsels office and told – they may not leave the country.
- That means you’ve got roughly 150 CIA agents, including many people near the top of the agency who can’t travel right now.
- Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy
Guest – Scott Horton, human rights lawyer and contributing editor to Harper’s Magazine. Scott’s column – No Comment. He graduated Texas Law School in Austin with a JD and was a partner in a large New York law firm, Patterson Belknap Webb & Tyler. His new book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy.
Civil Liberties, Habeas Corpus, Human Rights, Iraq War, NSA Spying, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, War Resister
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Jeremy Corbyn Labour Party Victory
One of the bright and hopeful developments in world politics was the wide support that Jeremy Corbyn, the leader of the British Labor Party got in that country’s recent elections. Corbyn ran on an unabashedly left platform. His party recruited tens of thousands of young people before and after the election. Although the conservative Government of Prime Minister Teresa May is still in power this is not likely to last long. To speak with us today about these developments in Great Britain and their relevance to the United States where we saw a similar phenomenon with the rise of Bernie Sanders, is Colin Robinson.
Guest – Colin Robinson is from Liverpool England and he lives in New York City. He’s the publisher of OR Books. Colin Robinson worked as a senior editor at Scribner and was previously managing director of Verso Books and publisher of The New Press. Among the authors he has published are Tariq Ali, Noam Chomsky, Alexander Cockburn, Mike Davis, Norman Finkelstein, Eduardo Galeano, Eric Hobsbawm, Lewis Lapham, Mike Marqusee, Rigoberta Menchú, Matt Taibbi and Jann Wenner.
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Raymond Nat Turner
Poem: Low Regard
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SCOTUS on CCR CASE
Just a few weeks ago the Supreme Court reversed a federal appeals court ruling that former high-level Bush administration officials may be sued for their roles in the post-9/11 profiling and abuse of Muslim, Arab, and South Asian men.
After the 9/11 attacks, hundreds of non-citizens were rounded up solely on the basis of their race, religion, ethnicity, and immigration status. They were held in extremely restrictive confinement and physically and psychologically abused. The Court held that high-level government officials who implement and create clearly unconstitutional policies alleged to be based on national security are nonetheless shielded from liability.
However, the Court did allow plaintiffs the chance to prove their case against Warden Dennis Hasty, finding that complaint’s allegations, “plausibly show the warden’s deliberate indifference” to the abuse plaintiffs suffered while they were held at the MDC. The claims against the Warden will be sent back to the lower courts for an opportunity to show that prison administrators are not entitled to the same immunity given to high-level officials in this case.
Guest – Senior Managing Attorney Shane Kadilal from the Center for Constitutional Rights. His cases there include challenges to the indefinite detention of men at Guantánamo and domestic immigration sweeps. He has been counsel in major CCR cases challenging the material support statute, the low rate of African-American firefighter hiring in New York City, and the NSA’s warrantless surveillance program.
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