Civil Liberties, Criminalizing Dissent, Gaza, Human Rights, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture
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People v Bush, Charlotte Dennett
Today we talk with former Vermont Attorney General Candidate Charlotte Dennett. Listeners may remember Charlotte ran for office of Attorney General on the platform that if elected she would immediately undertake the prosecution of George W. Bush for the unnecessary deaths of Vermont soldiers in Iraq. The strategy was to establish jurisdiction in the cases for Attorneys General in each state as outlined in The Prosecution of George W. Bush for Murder, written by former prosecutor Vincent Bugliosi. Charlotte Dennett didn’t get the votes to become Vermont’s new attorney general. Now, a year later Charlotte describes from an inside perspective the “accountability movement” in her new book titled The People v. Bush. Is impeachment or prosecution still off the table?
Charlotte Dennett:
- If we don’t act on them now, then the impunity will get worse, we have to clamour for Cheney’s prosecution. We’ve got to keep the pressure on the department of justice. We know that the Spanish prosecutors have done that.
- I’ve come to realize that Obama’s mantra that we have to move forward and not look backward is really translated into: Don’t Prosecute.
- Brennan who was involved with crafting torture policy is playing a role advising Obama not to prosecute.
- It’s up to the accountability movement to step forward. There are going to be major events on March 20th, the anniversary of the war on Iraq.
- In my book the People v. Bush, I’ve got 10 pages in the appendix of all the different resources that people can turn to, to pressure Congress, sign petitions.
- The first half of the book is about my campaign for attorney general in Vermont, where I pledged to prosecute Bush for murder. I also lay out the evidence of how we can still do this, we can still do this by the way.
- I became hooked on accountability, this is a struggle for democracy and the soul of our nation.
- The book also looks at how the Obama Administration deals with the crimes of its predecessors.
- I have to tell you Michael Ratner, you were one of the first people to start raising the alarms (Obama Administration). My book shows the gradual shock and disillusionment of his supporters.
- People are upset that John Yoo, is doing talk shows, he showed up on John Stewart recently (OUCH)
- Regarding Sen. Leahy of Vermont: I tracked his effort to put together a truth commission and not prosecution. There were 37 towns in Vermont, that in their town meetings, voted for impeachment.
Guest – Charlotte Dennett, is an author and attorney who resides in Cambridge Vermont. She and her husband, Gerard Colby, have lived in Vermont since 1984. Charlotte has been practicing law since 1997, representing injured Vermonters in negligence, medical malpractice and wrongful death cases, as well as civil rights litigation and family law, and has argued before the Vermont Supreme Court.
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Lawyers You’ll Like: Center For Constitutional Rights Legal Director, Bill Quiqley
This week, CCR Legal Director Bill Quigley joined Law and Disorder hosts during a marathon 3 hour fund raiser for Pacifica’s WBAI. Bill talked about his trip to Gaza during Operation Cast Lead, his recent trip to Haiti and his death penalty work in Louisiana.
Bill Quigley:
- I went to Gaza with activist Audrey Stewart and Kathy Kelly, an International Peace Activist.
- We went over there, a year ago January, while the bombing was still going on. We were on the Egyptian side of the border where we could see the bombing of Gaza
- There were constant drones going over head, they had aerial balloons that were doing surveillance. It was sort of like a sociopath beating a baby. There was no defense, there was no anti-aircraft, people were literally sitting ducks.
- In my life, it compared to a time when one of my clients was being executed, in death row in Louisiana. To see the apparatus of the state, move into action, very calm, step by step.
- Then with full force and the respect of state behind it, pull on a switch and my client was no more. (at that time) It was a surprise that anyone in the U.S. would support the Palestinians.
- Death Penalty: there really is a community of deathy penalty advocates who train themselves how to communicate with juries. It is trending in the right direction by it still continues as a terrible tool, that the state has an opportunity to use when they choose to.
- Stop and frisk case update: New York is fighting this every step of the way. The term they use to justify this is: Furtive activity
- Culture of Intimidation: If young men don’t look at them the way they want to be looked at, if people don’t recognize their presence with the kind of respect that the police department thinks that they’re entitled to by the mere fact that they’re wearing a uniform and carrying a weapon.
- It is something that clearly could stop if the message was sent from the top.
- But clearly something has a green light from the top to engage in this. Authoritarian order that inconsistent with law and order, with the constitution.
- Endemic: If you have a society that values violence, the violence we institute around the world, the way we support Israel, the way they deal with Palestine. If we value deep racism, then what else what would we expect from a police or a military. The police and military are tools of a violent and racist regime.
- Part of our job is to re-educate police officers. We are going to be engaged in this activity over again, in every city in the country in varying degrees. The root problem is that we have a racist and violent criminal justice system, education system, a racist and marginalizing housing system, employment system.
- Most people don’t have the educational opportunities to know what’s going on with Haiti, Gaza, Iraq and even within our own country. Haiti: You could travel for miles and see no indication that international community even cared about what happened in Haiti. Most people were under a sheet or a blanket, could break some of the sun.
Guest – Bill Quigley. Bill is the Legal Director for the Center for Constitutional Rights, a national legal and educational organization dedicated to advancing and defending the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Bill joined CCR on sabbatical from his position as law professor and Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans. He has been an active public interest lawyer since 1977.
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CIA Sponsored Terror, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
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Elliot Madison: Activist Arrested for Using Twitter To Communicate With G20 Protesters.
Elliot Madison, a social worker and activist was arrested in Pittsburgh last month during the G20 Summit and was charged with hindering apprehension or prosecution, criminal use of a communication facility and possession of instruments of crime. The Pennsylvania State Police say he was found in a hotel room with police scanners and computers while using the social networking site Twitter to communicate police movements to protesters. Madison recently said “They arrested me for doing the same thing everybody else was doing, which was perfectly legal,” he said. “It was crucial for people to have the information we were sending.” Madison’s laywer Martin Stolar told the New York Times “He and a friend were part of a communications network among people protesting the G-20,” Mr. Madison’s lawyer, Martin Stolar, said. “There’s absolutely nothing that he’s done that should subject him to any criminal liability.”
Attorney Martin Stolar:
- It seems it would be helping out the police in a way. They’re saying disperse, don’t go here, don’t go there.
- They selected him for some reason amid all the various people posting things on twitter boards
- They got a search warrant for his hotel room, rousted he and a colleague who was there, arrested Elliot and he was held on a 30 thousand dollar bail.
- Unfortunately, agents of the FBI, and the Joint Terrorism Task Force, showed up at his home in Queens, with a search warrant issued by a Federal Court in Brooklyn, seeking evidence of violating the federal anti-rioting laws. (H.Rap Brown Act) Think about the Chicago 8.
- They spent 16 hours searching his home, grabbing everything in sight, it was terribly unclear what would violate this law. So they took pictures of Lenin, his writings, computers, material from producing a documentary film.
- The warrants seemed properly issued, until I can see the affidavits that underlie the warrant.
- I whipped up some legal papers to show cause and a motion under Federal rules of criminal procedure 41G. A motion for the return of property illegally seized.
- He is accused of posting stuff that is publicly available, that is a police scanner that is posted on the internet, such as a police order to disperse.
- That information is passed on through the Twitter board and that constitutes the crime that he is charged with.
- Law enforcement is targeting those who provide support for lawful demonstrations.
- This case is a first in Pennsylvania and a real stretch in criminal law to penalize what is essentially speech
- In New York, there is potentially a separate investigation in which Elliot is a target
- The so-called Green Revolution in Iran, the demonstrators were using Twitter, in exactly the same way the folks in the G20 used it. When the oppressive government came down on the Iranian students using Twitter, the US State Dept said, wait a minute there are free speech issues here.
Guest – Attorney Martin Stolar, president of the New York chapter of the National Lawyers Guild.
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Supreme Court To Argue Life Without Parole Cases For Children
The Supreme Court will address whether it’s constitutional to sentence a child to be imprisoned for life without parole for an offense committed during adolescence. There will be two main cases the Supreme Court will argue. One is the case involving Joe Sullivan. Joe, at the time, was a mentally disabled 13 year old child living in a home where he was physically and sexually abused. He was convinced to participate in a burglary of a home. The elderly home owner was sexually abused, though she didn’t see her attacker. Joe was tried in an adult court, found guilty and sentenced to life in prison without the possibility of parole. He was fourteen when he was sent to an adult prison, there he was abused and later diagnosed with MS. That is a summary of one of the cases.
Professor Stephen Harper:
- 2400 Kids in jail serving life sentences without parole in the US. 120 of those kids didn’t commit homicides.
- The United States is the only country in the world that sentences children to life, without the possibility of parole
- Part of this sentencing of kids was an accident, they were getting tougher on adults in the early 80s and 90s.
- There should be an opportunity, Sullivan’s lawyer argued that at some point they could be granted parole
- Florida is the number one state that puts children in prison for life without the possibility of parole
Guest – Stephen Harper, Adjunct professor of Juvenile Justice University of Miami school of Law.
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National Lawyers Guild Observes Improper Use of Force by Law Enforcement at the G-20
Many listeners have probably seen the videos of the G20 protesters going up against hundreds of riot police. Some of the most compelling footage were of reckless use of LRAD, the sonic weapons, and the surge of riot police onto the University of Pittsburgh campus. Many students who were not protesting were rounded up, knocked down, tear gassed and beaten by police. We reported last month on the blatant violations of first amendment rights as local police engaged in patterns of harassment on activists such as the group Seeds for Peace. Today we hear first hand accounts of police abuse from our own Heidi Boghosian who was at the marches and demonstrations as a legal observer and we’ll be joined by attorney Joel Kupferman, who was also at the also a legal observer with National Lawyers Guild at the G20 Summit. Read Heidi’s G20 Blog Entry Here
Heidi Boghosian / Joel Kupferman
- LRAD Sonic Weapons combined with order to disperse. You had to cover your ears, some stayed still, paralyzed. We think it’s illegal, it’s and invasion, it’s a weapon.
- One of the legal angles, we’re looking into is the fifth amendment, where we charged Christine Todd Whitman after 9/11 for violating our fifth amendment rights of bodily integrity and in this case, that sound pierced that bodily integrity.
- The manufacturer of the device (LRAD) filed in their SEC filings of Sept 2008 that the device is capable of sufficient acoustic output to cause damage to human hearing or human health, expressing concern that the misuse could lead to lawsuits.
- Private security police forces were employed. They went up the hill, onto the campus and students were just coming out of their dorms, hearing this noise, the helicopters, they didn’t know whether they should stay in their buildings. They started to arrest people who didn’t know what was going on.
- This is the highest police per protester ratio I’ve ever seen, definitely a radicalizing experience for these students, definitely no cause for arrests. Wantonly arresting people in a violent fashion.
- When we spoke to shop owners downtown, there was a hatred, I’ve never seen before. The sympathy came from the neighborhoods of color, it was a climate of fear, they were basically saying, you can’t assemble.
- It almost seemed like it was a police convention. The Pittsburgh Police Department wore military fatigues. I saw more Canine Units there then any other demonstration.
Guest – Attorney Joel Kupferman, National Lawyers Guild Legal Observer /New York Environmental Law and Justice Project
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Guantanamo, Habeas Corpus, Human Rights, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
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Lawsuit Brought Against Former US Attorney General John Ashcroft
Last month, a major decision written by a federal judge gives a lawsuit standing that was brought against former US Attorney General John Ashcroft for the illegal and unconstitutional detention of American Muslims. The lawsuit was brought by Abdullah al-Kidd, an American citizen and African American who had coverted to Islam. In 2003 Al-Kidd was arrested, and detained under abusive conditions without evidence that he did anything wrong. The lawsuit points at the way John Ashcroft abused the material witness statute to “preventively detain” American Muslims. Ashcroft uses the statute as a pretext to arrest American Muslims without sufficient evidence to establish probable cause. This suit will be a key lawsuit when President Obama presents a proposal for a “preventive detention system.”
Lee Gelernt:
- Federal Appeals court recognized the abuse of the material witness statute under Ashcroft.
- Material witness statute, rarely used, limited purpose before 9/11. If the witness would not testify and needed testimony, they would arrest witness get testimony then release person.
- If its taking too long, get the person’s deposition, because you simply cannot hold a witness for a long time, because they’re completely innocent.
- After 9/11 the government used the material witness statute on Muslim men who were suspicious and no probable cause. Probable cause is the bedrock of this country. Mere suspicion is not enough.
- It turned out that dozens and dozens of men were arrested as mere witnesses, held for months under the most harsh conditions. They have to be unwilling to be a witness, you don’t simply arrest a witness, obstensibly.
- Abdullah al-Kidd, born in Kansas, spent some time in Los Angeles, and mostly in Seattle. African American born in the United States. His father is a supervisor at the Chino Correctional Institute in California. His mother has done work for IBM for the last thirty years.
- He was a football player, went to University of Idaho on a football scholarship. Right before 9/11 he converted to Islam, and started working for charitable organizations. After 9/11 he was under surveillance, then arrested, held for 16 days under the very abusive conditions. Restricted for 14 months.
- FBI agents went to magistrate saying Al-Kidd had a one-way ticket to Saudi Arabia, it turns out after spending time in detention, that it was a round-trip coach ticket.
- The agents also did not tell the magistrate that he cooperated with the FBI and a native born citizen.
- Lawsuit is against Attorney General in a personal capacity and two FBI agents who submitted an affadavit, the United States and 3 Wardens. Settled lawsuit against the 3 wardens.
- FBI Director Mueller, went before Congress to report on the recent successes of the terrorism fight. The first person Mueller mentions is Kalik Sheikh Mohammed, the second person is Abdullah al-Kidd.
- Bedrock principle: You’re innocent unless the government has probable cause (objective reasonable belief) not law enforcement acting under suspicion. In other countries, people can be arrested on suspicion.
Guest – ACLU Attorney Lee Gelernt, the Deputy Director of the Immigrants’ Rights Project. He has litigated many cases including the Detroit Free Press v. Ashcroft and North Jersey Media Group v. Ashcroft, which involved challenges to the government’s post-September 11 policy of holding secret deportation hearings.
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FOIA Lawsuit to Make Public the FBI’s Domestic Investigative Operational Guidelines
Last month, a Muslim civil rights group filed a lawsuit against the FBI’s refusal to make public its surveillance guidelines of civic and religious organizations in connection with criminal investigations. The group Muslim Advocates, a national legal and educational organization filed a Freedom of Information Act suit against the Department of Justice. The lawsuit is seeking the text of the Domestic Investigative Operational Guidelines. The quote DIOGs which went into effect last December are practical manual interpreting revised surveillance guidelines. The interesting part of this story is that civil rights groups including Muslim Advocates were shown drafts of the FBI surveillance guidelines but were not given a copy.
Farhana Khera:
- Agent are provocateurs sent into mosques. Muslim Americans should not have to look over their shoulders while they’re praying.
- Suspicion based on not wrongdoing and criminality, but religion. What concerns us is the set of guidelines issued during the waning days of the Bush Administration, that further and potentially expand FBI powers.
- We were able to see those guidelines in a meeting with the FBI, but not keep a copy of the guidelines. Those guidelines went into effect 1-2 weeks after that meeting.
- We sought formal channels to get a copy of those guidelines then filed a FOIA request.
- It’s been almost a year later, and we still have not got a copy of the guidelines.
- We would hope that the FBI would be working in consistence with the President’s committment to greater transparency
- The FBI said our request is under review and may be redacting or blacking out sections of the guidelines.
- We think the public has a right to know how the powers of the FBI have been expanded and are wielded in our name. What we saw in the draft guidelines were “gathering data about racial and ethnic communities” Geo-mapping of communities.
- Changes made to FBI guidelines under former Attorney General Ashcroft allow line agent FBI to make decisions based on limited evidence of criminality. One example, a prominent Pakistani physician made pro-democracy comments for Pakistan in a US newspaper. Days later he was visited by the FBI who wanted to ask him general political questions about Pakistan and Pakistani leaders.
- Check out Muslim Advocates “Got Rights?” Video.
Guest – Farhana Khera, first Executive Director of Muslim Advocates and the National Association of Muslim Lawyers (NAML). Prior to joining Muslim Advocates and NAML in 2005, Ms. Khera was Counsel to the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Property Rights. In the Senate, she worked for six years directly for Senator Russell D. Feingold (D_WI), the Chairman of the Constitution Subcommittee. Ms. Khera focused substantially on the USA PATRIOT Act, racial and religious profiling, and other civil liberties issues raised by the government’s anti_terrorism policies since September 11, 2001. She was the Senator’s lead staff member in developing anti_racial profiling legislation and organizing subcommittee hearings on racial profiling.
Civil Liberties, Criminalizing Dissent, FBI Intrusion, Human Rights, Iraq War, Prosecution of the Bush Administration, Surveillance, Truth to Power
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G20 Protest Permit Lawsuits : First Amendment Rights Challenge – Jules Lobel
G20 lawsuits filed to allow for peaceful demonstration challenged critical First Amendment rights. The right to demonstrate. Lawsuits filed on behalf of 6 activist groups including Code Pink, requested permits, such as permits to use public parks. The lawsuit brought against the city of Pittsburgh and the US Secret Service states protesters will engage in peaceful, constitutionally protected expressive activities. Jules Lobel, professor of law at the University of Pittsburgh had said to the Pittsburgh Post-Gazette, “When you have reports of huge numbers of police coming in, it suggests they plan to cordon off much of Pittsburgh and prevent meaningful protest.”
Jules Lobel:
- Oppressive environment in Pittsburgh once G20 was announced.
- Heavy police presence, roads are closed, 4 to 5 thousand police from out of Pittsburgh
- Classified as a National Security event, meaning the US Secret Service controls what’s going to happen
- Protest groups sent in applications for permits in July and August. The city, either did not respond or stall granted peaceful permits. Groups with long histories of non-violent protests, artists, ecumenical groups, environmental groups that wanted to set up a sustainability fair.
- Code Pink wanted to set up a tent city in the major park of downtown Pittsburgh. Bail Out The People
- We went to court because for a long time, the city would not give these groups a permit.
- In the lawsuit, we demanded that the city give a permit to the groups they’ve been negotiating with and allow the groups to use the park downtown for its protests.
- As soon as we filed suit the city negotiated much more reasonably, but still refused to grant Code Pink their permit to use the downtown park two days before G20. The court could not find a compelling reason why Code Pink could not use the park, and were granted a permit and had a wonderful tent city in the park.
- Its always a fight now to get permits, and the courts usually win when they defer to the invocation of national security.
- We also asked for overnight camping, far away from the convention center, again, no security concerns.
- The group feeds demonstrators, they grow organic food, they run a bus on organic fuel, an environmentally safe and sound operation. Here’s what happened:
- Police were suspicious, the first thing they did was give them a ticket and impounded their bus for parking the bus more than 12 inches from the curb. They got the bus back, paying 220.00.
- Some industrial artists rented out their lot to the group and allowed buses (which had kitchens in them) to park there. The next day 20 police in full riot gear, broke into the place and demanded to search without a warrant
- The artist who owns the lot after arguing with police, finally allowed the police to search, they found nothing.
- Then they sent out building inspectors to where the people were staying and threatened the artists to get rid of these people or face a 1000.00 a day fine. (These are people who are coming to give out free food)
- They then went to a black community, found an abandoned school and the owner said you can stay here.
- Before they could pull their buses in, a police and many police cars, stopped them and searched everyone and the buses again. Giving citations for parking wheel up on curb, and saying they needed a bus driver to drive commercial vehicle (their bus)
- They pressured the owner of the abandoned school, and finally they had to move again. They found a church, the police followed them there. The police tried to get the pastor to evict them, but he wouldn’t.
- A lawsuit was brought for pattern of harassment and the judge said you can sue for damages after the G20 Summit.
Guest – Jules Lobel, Vice President of the Center for Constitutional Rights and Professor of Law at the University of Pittsburgh. Through the U.S. Center for Constitutional Rights, Jules Lobel has litigated important issues regarding the application of international law in the U.S. courts. In the late 1980’s, he advised the Nicaraguan government on the development of its first democratic constitution, and has also advised the Burundi government on constitutional law issues.
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The New Domestic Order: Domestic Workers Unite
Domestic workers in New York City are pushing for the passage of their own “Bill of Rights” style protection. Most domestic workers are under paid in the United States, and now for many its especially difficult to make ends meet. New York’s domestic workers are calling for their own government bailout. The growing movement is made up mostly of women, it’s multi-ethnic, from countries such as the Philipines, Barbados, Trindad, Jamaica and Nepal. Some workers were abuse, others have been let go from their jobs without notice or proper compensation. The ranks of domestic-worker activists are filled with globalization’s refugees writes Lizzy Ratner, correspondent with the Nation Magazine.
EVENT: Damayan Migrant Workers Association is organizing a workshop on unemployment benefits. October 3, (1-4PM) Held at 53-22 Roosevelt Avenue, Woodside, Queens.
Lizzy Ratner / Linda Abad:
- Linda Abad: Member of the Damayan Migrant Workers Association working with Domestic Workers Alliance and Domestic Workers United campaigning for the passage of the New York Bill of Rights.
- New York Bill of Rights, fair labor standards, recognition, and win respect and dignity for the work force for women and some men who work in the homes of American families.
- There are 200 thousand domestic workers in New York City and about 15 percent are Filipino domestic workers like me. I’m a part-time housekeeper for a couple on the West Side
- I was a government employee in the Philippines, I had a home and 2 children. Income was too low to support family. My first job in the U.S. I worked for a family with 3 children in a big house. I started at 7AM and ended at 9PM. It was a big home, I had to take care of children, cook meals. I was getting 225.00 a week.
- When you’re working in the privacy of homes, you do not have a network, organization.
- Domestic Workers Bill of Rights, passed the assembly now, not the Senate.
- Most domestic workers don’t know that under New York law, after working 44 hours, you get time and a half
- Nine out of 10 domestic workers do not get health insurance, we really need it. We’re exposed to sick children, hazardous cleaning chemicals.
- The inclusion bill in the New York State assembly does not have health coverage. Many domestic workers work off the books. Domestic Workers United large group of Caribbean and Latina domestic workers.
- Lizzy Ratner: I was lucky enough to accompany (as a journalist) a large, large group of domestic workers and allies to Albany in Spring 2008. What I saw inspired me and much of what I learned horrified me. This was the fourth year of pushing for the Domestic Workers Bill of Rights. If you want rights for domestic workers, you have to organize and begin to change the laws.
- There was a sense of rebellious exuberance, defiance. Led by women, by women of color, by immigrants, documented and undocumented. Domestic workers have organized in California, Texas, Seattle, Miami, Maryland and New York
- The United States has come a long way in creating a civilized country, but somehow it’s difficult for lawmakers to see the righteousness of giving dignity and fair standard to this labor force.
- September 29, another trip to Albany to put pressure on the New York State Senate
Guest – Lizzy Ratner, journalist/correspondent with the Nation Magazine. Linda Abad, domestic worker and organizer for the Damayan Migrant Workers Association.
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Military Tribunal, Prosecution of the Bush Administration, Targeting Muslims, Torture, Truth to Power
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Updates:
- States increase opposition to money making traffic cameras: lawsuits.
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Alfred McCoy: CIA OIG Report PDF
Last month, marked the release of the CIA’s Office of Inspector General report investigating the use of “enhanced interrogation techniques” against detainees. The nearly fifty percent redacted report focused on incidents which exceeded the torture guidelines written in the Office of Legal Counsel torture memos. In the report, waterboarding a detainee 183 times was noted with only a concern, and highlighted abuses include faking the execution of a detainee by (quote) “contractors” without training and pointing an unloaded gun to a prisoners head. This report was not released with John Yoo’s torture memos. A move which could’ve helped prosecute torture architects such as Yoo and other Office of Legal Counsel lawyers who violated their professional ethical duties when they wrote memos claiming the administration’s proposed torture techniques were legal. Hear Al McCoy speak at Left Forum
Al McCoy:
- The chronology is important, the report is an investigation into excesses.
- The report also looks at the period ranging from 12 to 18 months when the alternative methods were authorized by President Bush – “enhanced interrogation techniques”
- For the first time in the history of the CIA, they were authorized to operate their own prisons, the so-called 8 black sites that operated from Thailand to Lithuania
- (Inspector General investigators) They opened up these secret sites and started collecting these detainees before they had clear guidelines and supervision
- Torture is seductive, erotic to the human mind, a process of which we know very little.
- Under US law section 23.40 of the Federal Code, psychological torture is legalized, there are only 4 things you can’t do under US law. One of them is death threats and death threats against a third party
- One of those hapless field agents that went over the top will take the fall. Yet, we know former Defense secretary authorized extraordinary techniques and his directions went down through the chain of command, it got all the way down to Abu Ghraib (prison photos link), where those soldiers were actually complying with those directives.
- The directives were illegal. You should be prosecuting the person who gave those orders at the top of the chain of command.
- In this case instead of having bad apples in military parlance, we’re going to have “rogue agents.”
- The stages of a country ruling with impunity – we’re not talking about a change of regime and then a tribunal, this is assuming continuity of government. (Clinton/Bush/Obama)
- It was necessary for our security: Dick Cheney’s latest argument – “so what, it made us safe.”
- We may have done these crimes but we now need to pull together and develop ourselves as a nation.
- The CIA had two distinguished cognitive scientists at Cornell University medical center in New York City, Doctors Henkel and Wolf. Ultimately they found the most devasting mode of torture is forced standing.
- Stand for hours motionless, sometimes days at a time, fluids flow to the legs, kidneys shut down, hallucinations begin, it’s incredibly painful.
- What they found back in the 1950s is you can make people do forced confessions, but its not very good in extracting objective information.
- Colin Powell’s former military aid, charged that Cheney in particular ordered this torture and extracted the false information – specifically with Ibn al-Shaykh al–Libi a prisoner whose false confession was used to link Saddam Hussein and Al-Queda.
- The best we can hope for is a Congressional Review, perhaps a Senate inquiry into the Bush years, that would look at the origin of the policy, the full nature of the policy, and whether or not it worked, not only gains but the costs. A serious, sober politically objective honest inquiry, apart from the prosecutions that may come from the Special prosecutor. Check out Progress Report’s – Accountability
- Within the American Psychological Association, these are not medical practicioners, they don’t take the Hippocratic Oath. It’s one branch of the medical community, the psychologists.
Guest – Professor of history at the University of Wisconsin-Madison. Author of “A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror” and also “The Politics of Heroin: CIA Complicity in the Global Drug Trade.
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Labor Law Reform: Employee Free Choice Act
The Employee Free Choice Act is a proposed legislative bill that would speed up the process for employees to form a union. Under current labor law, workers can select union representation either through an election or something called card check, – a majority sign up. The US National Labor Relations Board will only certify a union as the exclusive representative of employees only if it is selected by a secret ballot NLRB election or if the employer agrees to a card check process. The catch is, that companies can refuse to bargain with a union chosen by a card check process even if 100 percent of employees want the union. Right now, the choice to use an election process or majority sign up is controlled by the companies.
The Employee Free Choice Act would change this process and take away employers’ ability to decide whether to use only the card check process or secret ballot election. This would make it much quicker process for employees who needed to form a union. This labor reform law has not been proposed without a fight, nearly 200 million is funding a misinformation campaign back by groups such as the Chamber of Commerce. Read Abby’s Public Eye article here.
Abby Scher:
- In the fifties, unions represented a third of the labor force, now they represent 12 percent.
- Employers have a lot of time to beat back the union. The Center for Responsive Politics found that the Chamber of Commerce spent 400 thousand dollars a day in opposition.
- The chamber of commerce is the largest lobby group in the country
- You can hear the rhetoric in their misinformation campaign. ..“EFCA is unAmerican, it takes away the secret ballot, unionists are thugs that will coerce workers into giving up their individual rights.”
- It’s harsh rhetoric from what you would consider a main stream group
- The national right to work committee since the fifties has flipped the script.
- Two phone calls have gotten attention, Bank of America and Citigroup . . .the center for Union Facts, – Rick Berman and Bernie Marcus talking about how EFCA would destroy capitalism and tried to motivate people on the call to give to Republican candidates
- Chamber of Commerce front group – Alliance to Save Main Street Jobs. In the misinformation campaign, the chamber of commerce is saying that EFCA will hurt small businesses, because everyone loves small businesses.
- They retained this woman to do a study about how EFCA would destroy 600 thousand jobs. This woman’s specialty is intellectual property, this is not her background, she is a gun for hire.
- It (her research) was easily debunked but you still hear people citing that study.
- Surprisingly, unions are growing. Big businesses are the threat against small businesses, not unions.
- I encourage everyone to subscribe to the AFL-CIO blog
- Unions help workers bargain for better wages, people have money to spend, buying power, quality of life.
Guest – Abby Scher, Editorial Director of the Public Eye. Check out Abby Scher on Making Contact’s Radio Feature
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CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Prosecution of the Bush Administration, Targeting Muslims, Torture, Truth to Power
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CIA OIG Report PDF
Attorney General Eric Holder appoints special Justice Department prosecutor John Durham to conduct a preliminary investigation into whether federal laws were violated in connection with the interrogation of certain detainees in U.S. custody. In this lively first half hour discussion, hosts Michael Ratner, Heidi Boghosian and Michael Smith discuss and detail why the investigation does not go after higher-ups within the US torture program, how tortured confessions are used to support war and that interrogators did not act alone.
- CIA OIG Report (PDF): Released because of requests by the ACLU / CCR / Amnesty International / Physicans For Human Rights
- Office of Legal Counsel Torture Memo Authors Should Be Prosecuted.
- Sham and Diversions: Special Prosecutor not “independent”
- 500 Year Setback: Doctors evaluating limits of torture
- Doctors, lawyers, officials, CIA, government agents involved.
- Torture report also reveal Cheney lies that intel was extracted from torture.
- CIA OIG Report Press Release
- Like a rat through a maze trying to find their way around the language
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Jacob Ratner: Bolivia Debrief (photos courtesy of Jake Ratner)
We are very pleased to have with us Jake Ratner, our own Michael Ratner’s son, that is fresh off the plane from Bolivia. Jake is entering his final year at the University of Pennsylvania and shares with us some of his experiences from his three month stay with a Bolivian family. Experiences include, the Aymara indigenous culture, economics and socialism among the classes of people in Bolivia and comparisons to Cuban culture.
Jake Ratner:
- Working at a Bolivian Womens Prison
- Working with NGO helping women’s prison, teaching workshops, replacing faulty lighting etc
- San Pedro’s Mens Prison in La Paz: The prison is self functioning, the prisoners run small businesses and pay rent for their cells.
- That kind of autonomy was also in the women’s prison.
- When you go into the prison it’s like a small Bolivian village, there’s a fountain, kids running around.
- The spirit of rebellion is completely related to their culture, a culture of collective reasoning and resistance to the imposing power.
- Many women in prisons acted as drug mules. Drug laws in Bolivia, similar to Rockefeller drug laws in New York.
- El Alto, one of the poorest cities in Bolivia, extreme poverty. No plumbing. The eat a lot of freeze dried potatoes.
- Former Bolivian president Gonzalo Sánchez de Lozada Sánchez Bustamante made back room deals with Bolivia’s natural gas resources. Bolivians took to the streets, many were killed. A lawsuit is pending.
- El Alto, Bolivia is a “city” of roughly 800 thousand people that sits on a plateau above La Paz. It has been growing at an exponential rate and will soon supersede the population of La Paz
- Bolivia Social Security system: Bonos – payments to lower income families.
Guest – Jake Ratner, son of co-host Michael Ratner. He is in his last year at the University of Pennsylvania. Jake has traveled to and studied in Cuba. Check out Jake’s Flickr page here.
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