Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Extraordinary Rendition, FBI Intrusion, Habeas Corpus, Human Rights, Military Tribunal, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Updates:
- Michael Ratner: Bradley Manning’s Defense Makes Case To Dismiss Aiding The Enemy Charge
- Freedom of the Press Foundation For Transcripts
- Update: Judge Upholds Aiding The Enemy Charge in Bradley Manning Trial
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NLG Obtains $1.17M, OPD Reforms for Occupy Oakland Protesters and Journalists
In recent weeks, attorneys from the National Lawyers Guild achieved two significant victories for the rights of protesters faced with police brutality and unlawful repression. The first came when the city of Oakland settled a class action lawsuit for more than 1 million dollars. The second victory occurred in early July when Oakland City Council approved a settlement for 1.17 million in another lawsuit arising from police actions at protests. As part of these settlements, the Oakland Police Department is now legally obligated to follow a crowd control policy. This policy which already existed but lacked enforcement outlines limits on police department officer’s use of force and the ability to make mass arrests in protest situations.
Attorney Rachel Lederman:
- The first case has to do with the demonstration that had occurred on the day Johannes Mesterly was sentenced for the death of Oscar Grant. That’s the BART officer who shot Oscar Grant in the back as he was restrained facedown on the subway platform.
- There’s a movie out about the last day in the life of Oscar Grant called Fruitvale Station that I would highly recommend seeing it’s playing all over the country now.
- The death of Oscar Grant sparked a large number of demonstrations. November 5, 2010 was the date that Mesterly was sentenced and he was given a very minimal sentence of involuntary man slaughter of 2 years, 11 months with time served.
- There was a demonstration planned for that evening it was actually a very small demonstration. OPD had planned to not allow a march after dark.
- There was a rally that was permitted in downtown Oakland and then about 200 people started marching in the direction of Fruitvale Bart where the shooting had occurred. As soon as the march started the police began to set up for mass arrest.
- When a police line would be erected in front of the march people would naturally turn another direction. This went on for a while, where the march was re-routed.
- Eventually the OPD herded people to a residential area where they didn’t intend to go. The police announced it was a crime scene and began arresting everyone.
- The Oakland City Police have been under consent decree since January 2003 mandating reform process.
- We’ve had this crowd control policy in place but basically every single provision of the crowd control policy was violated in the Occupy Oakland incident and the Oscar Grant incident.
- We brought those cases to try to enforce the crowd control policy. A lot has changed in the last six months.
- There’s also been a new shake up of command (OCP) there’s a new acting chief.
Guest – Rachel Lederman, a California based National Lawyers Guild attorney who worked on both cases. Rachel first got involved in police misconduct civil rights cases as a result of her criminal defense work with political demonstrators. In 1989, Dennis Cunningham and Rachel Lederman successfully sued the San Francisco Police to obtain justice for AIDS activists who had been brutalized and unlawfully detained in what became known as the “Castro Sweep”.
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Surveillance Blowback: The Making of the U.S. Surveillance State, 1898-2020
What is the history and context of surveillance in the United States? Last week Scott Horton explained how the Foreign Intelligence Surveillance Act court devolved into a panel of judges making decisions in secret that influence federal law. Returning guest Alfred McCoy traces the US surveillance apparatus back to the late 1800s and brings us up to understanding the context of leaked NSA documents by whistle-blower Ed Snowden. In his latest article titled Surveillance Blowback: the Making of the U.S. Surveillance State 1898-2020, Al McCoy, Professor of History at the University of Wisconsin-Madison details the surveillance timeline beginning with the US occupation of the Philipines and makes the connection to US imperialism abroad and apathy at home.
Professor Alfred McCoy:
- Four years ago I published a book called Policing America’s Empire which started in the Philipines and started the history of US domestic surveillance through what I call surveillance blowback.
- It’s the trajectory of history that allows you to see this.
- In the late 19th century America had what I call our first information regime which was really a brilliant synergy of discoveries.
- Thomas Edison’s quadruplex telegraph, Remington’s typewriter allowed the transmission around the world, across the nation, absolutely accurately at 40 words a minute.
- The Gamewell Corporation for a half century during the 19th century was the world leader in the development of police telegraph and telephone communication – those police boxes that used to be on the streets of every American city.
- The Gamewell Corporation had 900 of these boxes in operation and collectively they sent 41 million messages in the year 1900.
- When we intervened in the Philippines we were suddenly faced with this massive insurgency, this guerrilla underground. We smashed the regular military formations but we couldn’t break the insurgency.
- The US military in order to pacify that country created the first field intelligence unit in its 100 year history.
- They appointed an obscure medical doctor Captain Ralph Van Deman to be the head of the division of military information.
- He decided he would map the entire Filipino political elite.
- William Howard Taft passed very draconian sedition and libel legislation and created a powerful colonial secret police called the Philipines constabulary. It took about 10 years to accomplish. 1898-1907
- We had to track down the politicians (Philipines) we had to manipulate them.
- 10 years after that process, the US joined WWI. April 1917.
- The United States was the only army on either side of the battlefield that didn’t have an intelligence service with any description.
- We turn now to Colonel Van Deman who applied his Philippines experience to developing a very elaborate counter-intelligence apparatus inside the United States.
- Mr and Mrs Van Deman ran a private intelligence service that had Army file clerks and regular FBI liason officers dropping by.
- And from their home they compiled files on 250 thousand suspected subversives.
- They divided the world. Basically, North America, Latin America became the purview of the FBI for counter-intelligence the rest of the world became purview of US military intelligence and of course the CIA and then NSA.
- That division of the word remain in effect until December 2011.
- 3 million Afghani iris scans and fingerprints are housed in a main frame computer in West Virginia.
- So, we developed then, this very efficient system of surveillance and digital monitoring overseas.
- During the war on terror we now know the Bush Administration beginning October 2001 authorized the NSA to start massive capping of all digital communications.
- In March of this year, it was 97 billion emails that were tapped by the NSA.
- This began migrating home very very quickly.
- When Obama came even though he criticized this illegal wiretapping, when he came in, instead of cutting it back like the Republicans did in the 1920s, he decided to build upon it.
- What he’s building upon it for is to build an architecture for the exercise of global power through a significant edge or advantage for information control and information warfare.
- Obama wants to cut back on the appropriations for the big behemoths, the heavy tanks, the big ships and he wants to shift us into an agile form of information warfare and global information control.
- The NSA is spending 1. 6 Billion dollars for the world’s biggest data farm in Bluffdale, Utah.
- The National Geo-spatial Intelligence Agency has a nearly 2 billion dollar headquarters with 16 thousand employees in DC.
- The Obama Administration has launched a new generation of light low cost, very agile satellites that can be remotely controlled from the ground, serving ground force commanders.
- The Obama Administration is also building an armada of 99 Global Hawk drones with 24 hour flight capacity. These are surveillance drones with a 100 mile ambit for sucking audio communications.
- With the combination of drones sucking up the local two way radio – cell phone communication with the tapping of the fiber optic cables within the US by the NSA, and internationally by the Five Eyes Coalition, Canad Australia, New Zealand and Britain, means that the NSA will have a total global surveillance system for the first time in human history.
Guest – Alfred McCoy, Professor of History at the University of Wisconsin-Madison. His recent book, Policing America’s Empire: The United States, the Philippines, and the Rise of the Surveillance State (2009), draws together these two strands in his research–covert operations and Philippine political history–to explore the role of police, information, and scandal in the shaping both the modern Philippine state and the U.S. internal security apparatus. In 2011, the Association for Asian Studies awarded Policing America’s Empire the George McT. Kahin Prize, describing the work as “a passionate, elegantly written book.” He’s also the author of “Torture and Impunity: The U.S. Doctrine of Coercive Interrogation.” Al is also the author of “A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror” and “The Politics of Heroin: CIA Complicity in the Global Drug Trade. The first edition of his book, published in 1972 as The Politics of Heroin in Southeast Asia, sparked controversy, but is now regarded as the “classic work” about Asian drug trafficking.
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CIA Sponsored Terror, Civil Liberties, Crony Capitalism, Guantanamo, Habeas Corpus, Human Rights, Military Tribunal, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture
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Updates:
- Prisoner’s Hunger Strike: Pelican Bay Prison, Guantanamo Bay Prison, Palestinians In Israeli Prisons
- CCR Lawsuit – Pelican Bay Prisoner Class Action
- 20 Plus Palestinians On Hunger Strike In Israeli Prisons Demand Better Conditions For Pelican Bay Prisoners
- Federal Judge Gladys Kessler Says the President Is The One To Stop Force Feeding and Release Cleared Guantanamo Bay Detainees
- Bradley Manning Trial: Important Proceedings During Defense Case At Ft Meade, Maryland
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Secret Federal FISA Court Advocate of National Security State
Here on Law and Disorder we’ve discussed the process of the US government expanding its power to get wiretapping permission from the Foreign Intelligence Surveillance Court or FISA court. This is under a provision called section 215 of the Patriot Act which if listeners might recall was set to expire in 2009. It did not. We discussed how the FISA court will be accessed by what’s called Lone Wolf Authority or National Security Letter Authority whereby the FBI can write a letter to the court without suspicion of terrorism and get bank, telephone and internet records.
The 11-member FISA Court has been central to allowing a massive surveillance state to exist by granting US agencies such as the NSA access to private telecommunication data. Today, the FISA court essentially operates as an advocate for the national security state. It’s judicial oversight now parallels the Supreme Court. But more troubling, these FISA Court Justices operate in complete secrecy and base their decisions from hearing only one side the argument, the US government’s.
Attorney Scott Horton:
- The Nixon Administration attempted to use “intelligence gathering” as a justification. Congress reacted to that by saying we’re not going to agree that the government has the right to wiretap people in the United States on the grounds of intelligence gathering. We’re going to require this judicial check, so Congress created this special court the FISA court.
- The court has been around for a long time, but its become a far more significant entity doing much more work after 9/11.
- It has 11 judges. The judges are selected by the Chief Justice of the Supreme Court, John Roberts.
- The judges are picked from courts all around the country.
- It’s not a secret court in that we know that it exists. It IS a secret court in that it operates in secret.
- Literally, the public doesn’t know what papers are filed with it and doesn’t know about its decision.
- That’s a highly controversial matter because decisions by federal courts constitute law.
- This means that this court is manufacturing secret law that the people don’t know about.
- We don’t know the jurisprudence of this court, we don’t know its decisions, we don’t know the full rationale for all its decisions because most of them have been secret.
- It is very aggressively expanding the power and authority of the NSA in surveillance areas.
- This is a court picked by Roberts who share his attitude. Out of 11 judges we have 10 Republican appointees. It’s very well known that Roberts in making appointments here looks very closely to select only judges who reflect his attitudes about the national security state.
- It is a cherry picked court. A movement conservative perspective which is quite hostile to civil liberties.
- The court has become an advocate for national intelligence services.
- It really puts the whole institution of the court under a cloud right now.
- If you want to disperse that cloud you would make sure those judges are representatives of the country.
- The legal reasoning and interpretation of statutes that should be there for people to see and know and understand and criticize.
- Telecoms: Here they are service providers dealing with consumers, lying to their clients and allowing the government free access to all this information.
- That is a criminal act under various statutes of states including New Jersey and Maine. That have rules that say they may not allow governments, investigators access to this information other than pursuant to a government subpoena or court order.
- This court is sweeping away core rights and making a joke out of the 4th Amendment.
- Whistle-blower damage control strategy: A program to deflect attention from the disclosures themselves.
- There is a move afoot to take this out on the American service providers who cooperate with the NSA, Verizon, AT&T. . .Google and so forth.
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.
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Left Forum 2013: Ron Reosti
Capitalists are not necessary to run firms, nor to run macro-economies and investment says Ron Reosti in his presentation at the Left Forum Panel titled Imagine Living In A Socialist USA, Part 2: Making The American Socialist Revolution.
Speaker – Ron Reosti, his Italian parents imparted to him a working-class identity, a sense of social justice, a belief in the possibility of social change, a commitment to democracy, and a hatred of the undemocratic ruling class. He embraced socialism in his early teens, during the McCarthy era, and has remained committed to that vision. He practices law and is part of the radical community in Detroit.
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Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Prison Industry, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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US State Department’s Office of Guantanamo Closure
The US State Department’s Office of Guantanamo Closure was shut down in January and is now in the process of reopening. President Obama recently appointed Clifford Sloan, a Washington lawyer to run the special envoy. Meanwhile attorney Pardiss Kebriaei has recently returned from the military-run prison in Guantanamo Bay Cuba, and joins us to discuss the conditions there, including the hunger strike. Attorney Pardiss Kebriaei has represented men detained at Guantanamo in habaes corpus challenges.
Attorney Pardiss Kebriaei:
- CCR represents 8 men still detained at the base right now. We’ve represented dozens, we’ve coordinated the representation of dozens. Some men who’ve been cleared by the Obama Administration, who were cleared in 2009, and 2010, they include men who’ve never been charged, that’s the group we represent.
- There are 166 people who remain, more than half of them 86 have been told by President Obama and his people that they don’t need to be there.
- I met with 3 men, all Yemeni. 2 have been cleared. All of them are on hunger strike.
- It’s shocking to think of how much things have regressed since the strike has progressed.
- In 2008 when I started going down to the base, most people were held in solitary confinement. That is what conditions are again now in 2013. Right now in Camp 6 there are at least 76 men who are sitting in 22 hour a day isolation.
- Recreation time is 2 hours in a cage outside.
- There is also an access to council issue right now. Searches are humiliating, equivalent to being sexually assaulted when they’re moved out of their cells.
- The practice of force feeding is unequivocally a violation of international medical, ethical standards.
- The United States is alone in thinking this in its position that this is a humane and acceptable practice.
- Out of 800 held at Guantanamo, fewer than 2 dozen charged. The rest have all been held without charge.
- Obama pointed the finger at Congress and said Congress determined it would not allow me to close Guantanamo.
- Congress did pass the NDAA in 2011 that would make transfers more difficult but it didn’t take power away from the president.
- It specifically provided a national security waiver provision. Yet Obama has been saying for years because of the NDAA he has been effectively prohibited from transferring anyone and that’s is just not true.
Guest – Attorney 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.
Past Law and Disorder Interview With Pardiss Kebriaei.
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Why Does The City of Detroit Plan To Cut 9 Billion In Retiree Pensions and Healthcare?
The emergency manager of Detroit Kevyn Orr recently announced a plan that would wipe out the pensions and health benefits of all current and retired city workers. The plan eliminates 9 billion dollars in worker benefits, effectively condeming nearly 20 thousand retirees to poverty. Orr is a wealthy Wall Street lawyer who played a key role in restructuring the auto industry carried out by the Obama Administration. Many see this plan as part of the worldwide assault on working class people. How are workers responding to these aggressive cuts? We also listen to Dianne’s presentation at the Left Forum 2013 in New York City.
Dianne Feeley:
- He is attempting shock therapy. Basically he wants to take all of the resources that can be used in Detroit and outsource them and do away with them as in the case of the pensions and health care benefits.
- He suggested to make the city owned art work from the Detroit Institute of Arts available to also be used for this debt which grows by the day. They were talking about 15 billion dollars, now they’re talking about 20 billion.
- The neo-liberals plan is a 3 part plan. First to develop a cheaper and more flexible work force. Meaning reducing pensions, reducing the power of unions.
- The second is transferring public resources into private hands. The third is to appropriate profitable resources. For example we have a lighting department, which has been under funded for 40 years because DTE Energy has tried to prevent development of infrastructure. Now it’s in very bad shape.
- In many of these countries Greece, Portugal, Brazil, there’s a technocrat put in charge in our case its an Emergency Manager.
- More than 50 percent of the African Americans in Michigan have lost their vote through the imposition of Emergency Managers in our cities.
- It’s important to understand we only have 10 thousand city employees left. They’ve already had their pay cut 10 percent.
- Now what they’re trying to do is get rid of the medical care for the retirees.
Guest – Dianne Feeley, retired auto worker who currently serves as an editor of Against the Current, a socialist magazine. She is an advocate for auto workers and has written recently about the U.S. auto industry, arguing that the government should buy Chrysler and General Motors and turn them into a public trust.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Prison Industry, RFID, Supreme Court, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Historic Vigil And Compassionate Release For Lynne Stewart
It’s been seven weeks since Warden Jody Upton of FMC Carswell approved Compassionate Release for Lynne Stewart. This decision was based on the medical findings of Stage 4 cancer that spread Lynne’s scapula, lymph nodes and lungs. A massive vigil was held last week for Lynne at Federal Bureau of Prisons Headquarters in Washington DC. We’re joined today by former Attorney General of the United States Ramsey Clark who is helping to get Lynne Stewart released from prison.
Attorney Ramsey Clark:
- The matter is now on the desk of the director of the Federal Bureau of Prisons, it’s been there for about five or six weeks which is intolerably long because everyday counts.
- Lynne is in physical desperate condition, her cancer is spreading. She has appointments at Sloan Kettering when she gets out that may extend her life.
- It’s slipping away while the director of the Federal Bureau of Prisons who seems to be opposed of Compassionate Release or any broad application of it, sits on her application.
- Charles Samuels, seemed to have isolated himself from this issue. Any letters to Director Samuels would be helpful and important.
- He’s being bombarded but for some reason, he’s holding out because he wants an interpretation of the compassionate release statute that would enable the release of only those who are going to die in the very near future, have no hope of living longer.
- Right now we have an urgent human matter, a very wonderful human being, mother and grandmother is dying in prison.
- Please Write to: Charles E Samuels Jr. / Federal Bureau of Prisons / 320 1st Street Northwest / Washington DC 20534
Guest – Attorney Ramsey Clark was the former Attorney General of the United States, under President Lyndon B. Johnson. He was the first Attorney General at the Justice Department to call for the elimination of the death penalty and all electronic surveillance. After he left the Johnson administration, he became a important critic of the Vietnam War and continued defending the rights of people worldwide, from Palestinians to Iraqis, to anyone who found themselves at the repressive end of government action.
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Whistleblower Cases Update
Attorney Michael Ratner:
- June 19th Anniversaries: Execution of the Rosenbergs. Julian Assange 1 year at the Ecuadorian embassy.
- Snowden, we don’t know where he is, massive revelations.
- The question you should be asking, is Dick Cheney a traitor? Is George Bush a traitor? Aren’t those the real traitors, the real people to be held accountable.
- We should look at what they told us. Ed Snowden told about a massive domestic surveillance operation.
- Their job is to tell the American people what they’re doing so we can debate it and discuss it and not put forward basically false stories of who they’ve purportedly stopped.
- This is about knowing where everyone of us is all the time.
- Freedom of the Press Foundation – Bradley Manning
- This is really a war on whistle-blowers and really a war on the United States trying to keep control on all of the information it can and control the internet from the top down.
Richard Falk, U.N. Rapporteur on Palestinian Rights, Calls for Close of UN Watch
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Lakota Indians To File UN Genocide Charges Against US, South Dakota
There was a time in the mid 1800s when the territory of Lakota Indians reached 90 million acres, now they’re separated into tribal councils and relegated to reservations. Their children are seized and put into foster homes of white families. During Republican administrations, more than 700 Lakota children are taken annually by a private corporation called the South Dakota Children’s Home Services. In April, a grassroots movement led by Lakota grandmothers touring the country built support for a formal UN complaint of genocide against the United States government and constituent states.
Attorney Daniel Sheehan:
- There’s basically a decade involved here during which the state of South Dakota engaged in a systematic program of the removal of Lakota children from their parents, from their extended families and from their entire tribe.
- Some 740 Lakota children a year during that period were taken from their families and tribes.
- Over half of them were never returned. 80-90 percent of those children were placed in white foster care.
- This is clear violation of the Indian Child Welfare Act which was the piece of legislation that mandated that if an Indian child were taken from the child’s parents they were required to be placed with Native American people.
- This is has been absolutely openly defied by the state of South Dakota.
- There has been an official notice of intent to file the complaint with the United Nations.
- We need to understand that there has been a longstanding policy in the Republican Party. When the Republican Party comes into power in Washington DC where they engage in this process to try and assimilate the native tribes.
- They’re constantly trying to eliminate the ownership of land and integrate them into society, basically to eliminate their culture.
- That was why the US Congress back in 1978 made the move to establish the American Indian Policy Review Commission and the Indian Child Welfare Act to stop the states from engaging in that type of activity of assimilation.
- What we’ve seen by William Janklow, a former South Dakota congressman, governor, and attorney general, is the process to attempt to take as many of the children away as they could possibly do and place them in huge group homes such as South Dakota Children Homes Services Inc.
- There is a subtext to this issue. We’ve discovered that during the Bush Administration from 2001 to 2009 there was systematic program of funneling federal funds into South Dakota to finance the seizure of these children and a substantial portion of that money from the Federal Government was transferred to the pharmaceutical corporations, who were in fact administering involuntarily to these children, pharmaceutical drugs Zoloft, and other psychoactive drugs to control their moods and attitudes.
- They refuse to give information about who the children are, where they’ve been taken, where they’ve been placed, some of them have been taken out of the state, we traced a number of them to Utah.
Guest – Daniel Sheehan is the lead attorney and general counsel for the Lakota People’s Law Project (LPLP). Currently, LPLP is working in South Dakota to stop violations of the Indian Child Welfare Act (ICWA) and rescue Lakota children from an abusive state care system. Award-winning journalist Laura Sullivan has just completed a hard-hitting investigative series on the situation in Lakota Country airing now on NPR. To learn more about Daniel Sheehan’s work with Lakota Indians, visit the Lakota People’s Law Project website. Sheehan traced the institutionalization of state kidnapping of Native children back to the late William Janklow, a former South Dakota congressman, governor, and attorney general notorious for his role in what the the Lakota refer to as the “Reign of Terror” on the Pine Ridge Reservation in the years following the American Indian Movement-led occupation of Wounded Knee in 1973. According to Sheehan, members of the George W. Bush administration tipped off Janklow on a Texas strategy to grab millions of dollars in federal subsidies by administering a psychological test devised by the Eli Lilly pharmaceutical corporation to children taken into protective custody. Replicating the strategy, South Dakota developed a mental health test failed by 98% of Native children, who then become “special needs” cases under federal law, with the state receiving up to $79,000 for each Indian child and the child being placed involuntarily on psychoactive drugs.
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Afghanistan War, Civil Liberties, Criminalizing Dissent, Death Penalty, Extraordinary Rendition, Guantanamo, Habeas Corpus, Human Rights, Military Tribunal, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power, War Resister
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Updates:
- FDNY Lawsuit Update
- Guatemalan Genocide Verdict Overturned
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We Steal Secrets: The Story of Wikileaks – Michael Ratner
Our own Michael Ratner delivers a critical review of the film documentary “We Steal Secrets: The Story of Wikileaks” by director Alex Gibney. The annotated transcript, reveals errors, rank speculation and a focus on personality that detracts from the important revelations by Manning and published by WikiLeaks. Bradley Manning’s 12-week trial commences on Monday (3 June) and the film may have been released to take advantage of that date. Manning may face life in prison and could potentially face the death penalty. Julian Assange remains in the Ecuadorian embassy legitimately fearful that extradition to Sweden is a one way ticket to the US and potential for life in prison.
Attorney Michael Ratner, attorney in the US for Julian Assange and Wikileaks:
- (The film) does a great disservice to Bradley Manning and Julian Assange.
- I think it trivializes the incredible courage that both of them had as well as what was revealed by the documents.
- Julian Assange declined an interview by Alex Gibney and no one currently associated with Wikileaks participated in the film. This may explain in part Gibney’s poor treatment of Julian Assange.
- What grabs you immediately is the title, “We Steal Secrets: The Story of Wikileaks.” Wikileaks is a publisher. Yet the title implies that the story of Wikileaks is the story of it stealing secrets.
- That implication plays into the government’s theory that somehow Wikileaks and Julian Assange are co-conspirators with Bradley Manning in taking secrets. The film does so in other places as well.
- A second criticism is that part of the film focuses on Bradley Manning’s psychological problems and implies that those are the basis for Manning’s revelation of documents.
- Gibney has said as much in interviews given after the film: “I think it raises big issues about who whistleblowers are, because they are alienated people who don’t get along with people around them, which motivates them to do what they do.”
- In fact, Manning gave an incredibly moving political explanation for each leak of documents; an explanation not covered in any detail in the film.
- Third, Gibney claims Wikileaks is dead. Nothing could be more of fable.
- Since December 2011 Wikileaks has released the SpyFiles, the Stratfor emails dubbed the GIFiles, the Syria Files and in April 2013 both Cablegate and 1.7 million Kissinger Cables in an easily searchable Plus Public Library of US Diplomacy.
- Fourth, somehow, Gibney claims there are no charges filed against Julian Assange. How does he know that? It’s a secret Grand Jury, and if there’s an indictment, it’s going to be a sealed indictment because an indictment is not made public when a person is not in custody. In fact, there is significant, irrefutable evidence of an on going investigation and its likely there is a sealed indictment.
- Gibney diminishes the risk to Julian Assange if he were sent to the United States because he wants to claim that Assange is in the embassy to avoid going to Sweden to answer questions about sexual misconduct allegations. But it does not work. Were Sweden to guarantee Assange would not be sent to US he would go there to answer questions.
- Assange has also offered to answer those questions in the embassy–Sweden has refused. In the end, the problem is the United States–Gibney, in his effort to demean Assange, needs to play down the huge risk he faces in the US.
Law and Disorder Co-host Attorney Michael Ratner, President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.
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Palestinian Prisoners Legal Support: Addameer
On the 17th of April, hundreds of Palestinians filled the streets in the West Bank in protest to mark Palestinian Prisoners Day. Right now there nearly 5000 Palestinian security prisoners in Israeli jails, 14 of them are women. More than half have been convicted, 33 percent have not been sentenced and 3 percent are being held in administrative detention. 235 of Palestinian prisoners are minors ranging in age from 14 to 18. As many listeners may know, Palestinian activists are often targeted and detained. In prison, tactics are used such as solitary confinement and forbidding family contact.
Attorney Sahar Francis:
- Currently there are still 4900 Palestinians inside Israeli prisons. Most of them are adults. There are 236 minors under age 18. 14 women and 14 Parliamentarians.
- The majority of them I would say were arrested because of political activism and being involved in the peaceful struggle, and resistance especially in the last couple of years against the wall, the checkpoints, the settlements, land confiscation, house demolition all these practices of the occupation.
- Including Jerusalem residents, they would be arrested inside Israel but they could be subjected to 2 different legal systems. The Israeli legal system or the military system that applies just to the Occupied Territories.
- Settlers are not subjected to the military court system that is imposed on the Palestinians in the Occupied Territories.
- It’s violation of International Law to move them to prisons inside Israel. This is what Israel was doing since 1995.
- They moved the prisoners from prisons inside the Occupied Territories to prisons inside Israel and this is a violation for the 4th Geneva Convention Act actually.
- The number of Palestinian prisoners decreased compared to previous years, 2005, 2006.
- Since 1967 til today more than 750 thousand Palestinians were arrested. It’s almost hitting every Palestinian house. It’s estimated to be about 40 percent of the Palestinian men population that were at least once incarcerated in their life.
- In the 7 years of Oslo, Israel kept 1500 political prisoners.
- Now I can say that the majority of the prisoners would be sentenced for periods less than 10 years.
- There’s around 430 of them sentenced for life.
- We still have cases of families where they have 4 sons or 5 sons in the same time in prison.
- In some cases they (the sons) would be distributed in all prisons, in north, south of Israel and the mother would be traveling all the way trying to visit them.
- The women prisoners number was much higher we used to have 120 female prisoners.
- Most of them involved in political activism, mainly supporting their brothers or husbands in their political activism or in stop cases involved in trying to stop soldiers.
- Addamer was established in 1991 by ex Palestinian political prisoners and lawyers who were aiming to give legal support for free to Palestinian prisoners in military court system.
- Our focus is on political arrests. We have 8 members in Addamer. We are members of the Israeli Bar Association and members of the Palestinian Bar Association.
- Most of the cases in military court would end in plea bargain without exhausting the system because neither the system or the lawyers don’t have much trust in the system.
- You could end up being interrogated in the detention centers inside Israel and they will decide whether to transfer the case for the civil prosecution or the military prosecution.
- You can have a person 90 days before charging them (military system) Civil system it’s 35 days.
- Law In These Parts – Film Documentary.
- Regarding torture and terms such as enhanced interrogation techniques : In our place its called moderate physical pressure.
- We can’t sue them because the prosecutors claim out of necessity we used the torture.
- Seeing the photos of Abu-Ghraib with this sack on the detainee’s heads, this was used in the Palestinians case since the early years of the occupation.
- This is the method that was used to prevent them from breathing, from sleeping, and they were tied to these kindergarten small chairs with the sack on their head, with playing music 24 hours a day. Then after in this position for 2 weeks, the interrogator shake you.
- We’re promoting Boycott Divest and Sanction.
Guest – Sahar Francis, human rights lawyer and director of the Palestinian NGO Addamer. (Arabic for conscience) Prisoners Support and Human Rights Association is a Palestinian non-governmental, civil institution which focuses on human rights issues. Established in 1992 by a group of activists interested in human rights, the center offers support to Palestinian prisoners, advocates the rights of political prisoners, and works to end torture through monitoring, legal procedures and solidarity campaigns.It’s an organization offering legal services to political prisoners under Israeli occupation and represents prisoners in Israeli military and civil courts.
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Guantanamo, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Updates:
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MOVE Bombing: 28th Anniversary
This week marks the 28th anniversary of an armed police mission in Philadelphia that ended in a helicopter bombing of the headquarters of the group known as MOVE. The fire commissioner in that city allowed a fire to rage unabated at 6221 Osage Avenue in West Philadelphia, killing six adults and five children, destroying 65 homes and leaving more than 200 people homeless. Despite two Grand Jury investigations, and a commission finding that top officials were grossly negligent, no one from city government was ever criminally charged. A recent film called Let the Fire Burn, chronicles the events leading up to the conflagration.
Ramona Africa:
- The government, through the media had mislead people to believe that what happened in May of 1985 was because of complaints from neighbors which is absolutely not true.
- What happened on May 13, 1985 happened because of our unrelenting fight for the release of our innocent sisters and brothers known as the MOVE 9 who were arrested in August 1978.
- After years of abuse, physical abuse, judicial abuse by this system, MOVE babies being killed through miscarriage and a 3 week old baby being trampled to death by police, after countless unprovoked beatings of MOVE men and women, children, even pregnant women, MOVE people took a stand and said listen, we are uncompromisingly opposed to violence, we’re a peaceful people. We’re not stupid and we’re not masochistic or suicidal.
- We do believe in self defense which is the law, the law of life. There is not a species on this Earth that doesn’t defend itself, when threatened, when attacked.
- When MOVE took that stand, the government became enraged.
- They alleged housing code violations, and they wanted MOVE to move out of the home based on housing code violations.
- MOVE people wouldn’t go along with that. A judge gave MOVE people til August 1 to get out.
- On August 2, 1985, a judge issued warrants on any MOVE people he knew of including people he knew were not in the house.
- After the warrants were issued, hundreds and hundreds of cops were sent out to our home.
- They shot thousands of bullets into that house. The fire department used deluge hoses to flood our home.
- The officer that was killed was standing on street level while everybody including the police acknowledged that all MOVE people were in the basement of our home.
- This policeman was shot from a bullet traveling on a downward angle.
- Hours after I was arrested on August 17, the city sent a demolition team out and completely demolished MOVE’s home which was the scene of the crime.
- The MOVE 9 trial was a bench trial, not a jury trial.
- They did it to silence our righteous protest and our unrelenting fight for the release of our family the MOVE 9.
- They came out to our home on Mother’s Day, May 12 1985, with warrants they obtained on May 11.
- The Fire Department as in 1978 was their first mode of attack.
- They came out there to kill, that’s the bottom line.
- When their ten thousand rounds of bullets didn’t kill us, the water hoses, the tear gas didn’t do the job, they concocted a bomb made from powerful military explosives, C4.
- They got the C4 from the federal government, from the FBI.
- The state police helicopter flew over our home without any warning, and two Philadelphia Police bomb squad police officers dropped that bomb on the roof our home. It ignited a fire. They made a conscious decision not to put the fire out.
Guest – Ramona Africa, the sole adult survivor of the 1985 police bombing of the home occupied by members of the MOVE organization. Email Ramona – onamovelleja (at) gmail.com
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Assata Shakur Placed On FBI Terror List
Last week, the FBI placed Assata Shakur on its Most Wanted Terrorists list, while the state of New Jersey raised the bounty on her head to 2 million dollars. These actions fall on the 40th anniversary of the 1973 shoot out in in which police allege Shakur killed a police officer during a traffic stop on the New Jersey turnpike. Assata also known as JoAnne Deborah Byron is an African American activist was a member of the Black Panther Party and the Black Liberation Army. Assata Shakur: Understanding the politics behind the FBI’s new attack.
Eugene Puryear:
- I think why a 65 year old grandmother has been put on the FBI terrorist list is a reflection of the United States government’s fear of that which opposes it.
- Assata Shakur was part of the 60s movements . . . a movement that the Nixon administration attempted to criminalize, to say that political dissent and political opposition to the US government and its imperial moves around the world.
- She does fit the profile of what the US government has been trying to perpetuate for the last 30 years, in a sense an extension of COINTELPRO.
- One person’s terrorist is another person’s freedom fighter.
- Assata Shakur, her actions and beliefs is certainly not something that is beyond the pale but the US government view her as a terrorist.
- By placing her on this terrorist list, it’s a way of criminalizing dissent.
- Assata’s trial was moved several times, it was placed in counties that were mostly wealthy, mostly white where pre-trial publicity around the case had biased people in a major way against Assata Shakur.
- When the government wants to put someone away and they know they don’t have the evidence they want to do everything possible to both manipulate the venue and also bring in people whose predisposition will make them more likely to believe the government’s version of events.
- Assata was in a position to be put in prison for the rest of her life in these human-breaking conditions.
- The day before this happened, the US government refused to remove Cuba from the state sponsors of terrorism list. This is used in part for keeping Cuba on that list.
- Also to give a chilling effect to progressive movements in the United States.
- The US seems to be redefining what are terrorist actions and what its responses are.
- The lock down of Boston, the reclassification of Assata Shakur, the issuing of the drone memo of what eminence actually means.
- The US is attempting to create enough ambiguity in the statutes.
Guest – Eugene Puryear, Eugene is a writer and on the editorial board of the Liberation, Newspaper of the Party for Socialism and Liberations.
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CIW – Fair Food Program: Wendy’s
Last year Trader Joe’s and the Coalition of Immokalee Workers signed an agreement that formalized the ways in which Trader Joe’s support the CIW’s Fair Food Program, a hard won victory.. Since then efforts have turned to companies such as Publix supermarkets in Florida and the Wendy’s fast food chain. Recently, Fair Food activists across the country visited their local Wendy’s to deliver a message: It’s time to join the rest of the fast-food industry and support the Fair Food Program.
Emilio Faustino:
Translator Joe Parker:
- We’re farm workers who come from the town Immokalee, Florida that’s based in the Southwestern part of the state. Our community is a farm worker community and for many years we faced a number of different kinds of exploitation, poverty, wage theft, physical and verbal abuse as well as sexual harassment of many women working in the fields.
- We began our campaign focused on the big corporate buyers of the produce that we pick back in 2001 in an effort to improve wages and working conditions in the fields, we began with Taco Bell and from there had campaigns with McDonald’s, Burger King, until as you said 11 other companies came to the table to dialogue with farm workers and work to improving those wages and working conditions in their supply chains.
- We’re here in New York focused on Wendy’s fast food chain. For a number of years the coalition has been sending letters to the fast food chain asking them to join the Fair Food program. We launched a public campaign with them earlier this year but thus far they have ignored us.
- We want Wendy’s to do what most of these corporations have done, that’s pay one penny more for each tomato that they buy.
- We’re here for the Wendy’s shareholder action, and we’re going to be organizing an protest on Saturday, May 18, at 2PM at Union Square to send a message to company’s investors that this is something that farmworkers in Wendy’s supply chain really deserve. There will also be a number of actions taking place that day all over the country in a number of communities standing together with the CIW.
- Contact: www.ciw-online.org, email: workers@ciw-online.org, 239-657-8311
Guest – Emelio Faustino, farm worker, CIW activist living in Florida. He is among other workers picking tomatoes by hand for 10-12 hours per day, while getting paid 50 cents per bin, or about 200 to 283 dollars per week.
Guest – Joe Parker, CIW spokesman and translator.
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