Law and Disorder December 2, 2013

Updates:

  • Jeremy Hammond Sentenced to 10 Years With 3 Additional Years of Supervised Probation
  • Jeremy Hammond and Barrett Brown Were Outspoken In Exposing Corporate Collusion With The Government In Conducting Intelligence
  • Sarah Kunstler Argument On Behalf Of Jeremy Hammond

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The Cuban Five Case Update: Attorney Martin Garbus

We’re joined today by prominent First Amendment attorney Martin Garbus to get an update on the Cuban Five case. Martin joined the case of the Cuban Five last year and had concentrated his efforts to expose how U.S. government paid journalists in Miami received hundreds of thousands of dollars from the office of Cuba broadcasting to slant the story against the Cuban Five. There’s a lot going on with the case lately such as a habeas corpus appeal, and a NSA / FISA related motion.

Attorney Martin Garbus:

  • In 1996, 4 planes from Cuba shot down Brothers to the Rescue planes that’s a right wing group that operates in Miami and has over the years made intrusions to Cuban air space.
  • After years of negotiations with the Cuban government and the American government where the American government said they would everything they could to stop these flights.
  • Washington intended to do that but by the time it got down to Miami, the orders were ignored.
  • So these planes went up in Feb 1996 and were shot down over Cuban air space.
  • At the trial the jury concluded that the planes were shot down over international waters. They also concluded that the defendants in this case played some kind of role in the shoot down.
  • Both administrations at the time (Bush / Clinton) wanted to be very hard on left wing Cubans or Cuba itself by pressing this prosecution.
  • Although the shoot down was 1996, and the government had all the information it needed, it didn’t arrest these defendants until 2 and half years later.
  • There was a conviction, at first the appellate court set aside the conviction. Lenny Weinglass argued that brilliantly in that a motion for change of venue should’ve been granted.
  • Ultimately, that’s rejected, the Supreme Court denies cert, I get involved in the habaes corpus petition and that’s what we’re talking about now.
  • We’re about to file other papers about NSA surveillance which has been revealed recently arising out of Snowden’s revelations.
  • What I’m now telling you has not yet appeared anywhere else.
  • The defense lawyers in the case, as they prepared the case itself, from the time they were appointed in 1998, to the time of the conviction, and now, Lenny Weinglass leading the defense, – these lawyers traveled back and forth to Cuba.
  • We now understand and this applies to you, this applies to anyone who goes to Cuba.
  • Anytime you go to Cuba, you’re picked up by NSA surveillance.
  • The NSA listening post, the prime one was in Puerto Rico and it was made up largely of US Navy personnel, assigned to the Naval Security Group which is an NSA component.
  • When I got back to the United States (from Cuba) they would continue to monitor me. If I were a defense lawyer, my communications with my client would gathered and sent to the FBI and Department of Justice.
  • That’s the motion we’re about to file in the next 2 weeks.
  • The Solicitor General, on October about 6 weeks ago, admitted there had been surveillance of cases where there had been convictions.
  • Our case presents unique problems, Cuba at that time was designated a terrorist state.
  • I’ve got the details in the way information was intercepted.
  • A large part of the NSA budget last year I think was 52 billion dollars. 25 percent of it is for the CIA.
  • What the CIA was doing under the umbrella of the NSA was exactly what the Church Committee said they couldn’t do.
  • Journalists that worked for the Miami Herald or CBS, or local Spanish stations . . on the government payroll.
  • The stations or newspapers that hired these journalists, didn’t know that they were also getting monies from the government. In 2006, the Miami Herald found out about it.
  • One journalist got 286 thousand dollars.
  • If you look at the Radio Marti stories, and you look at the Miami Herald stories, you have the same sentences, same paragraphs and its clear its coming out of a central cookie cutter.
  • The Radio Marti budget was 15 million dollars a year.

Guest – Attorney Martin Garbus, one of the country’s leading trial lawyers. He has appeared before the United States Supreme Court and the highest state and federal courts in the nation. Time Magazine has named him “legendary . . . one of the best trial lawyers in the country.” He’s also known as the most prominent First Amendment lawyer.

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Global NATO and the Catastrophic Failure in Libya: Lessons for Africa in the Forging of African Unity

The course of events that led to NATO’s intervention in Libya is outlined in our guests Horace Campbell’s recently published book Global NATO and the Catastrophic Failure in Libya: Lessons for Africa in the Forging of African Unity. He traces the origin of the Libya conflict in the context of the Arab Spring uprisings and argues how NATO is used by the North American and European capitalist class to impose its political will on the rest of the world. It’s a new model, he explains, of bombing campaigns, militias, terrorist campaigns and private contractors. This NATO campaign caused many civilian deaths and destroyed Libya’s infrastructure. We talk about the broader attacks on the African continent and the investigations into the US embassy killings.

Professor Horace Campbell:

  • The revolutionary upheavals that took place in Tunisia and Egypt have had great implication for all societies in this region.
  • Libya which has been underdeveloped politically was a place where the western powers manipulated which was supposed to be an insipient uprising in Benghazi, militarized it and turned it into a base for the destabilization for all of North Africa.
  • Today as we speak they continue to manipulate what is going on in the Libyan society.
  • The book is called Global NATO because the governments of the North Atlantic region, namely the United States and its western European allies to internationalize the basis for military intervention by this NATO.
  • NATO was created by this cold war instrument with a mandate to defend western Europe.
  • NATO is in alliance with the most conservative countries in the Middle East called the Gulf Cooperation Council.
  • We’ve had an attempt by the Wall Street elements to use NATO as an instrument for the United States military management of the international system.
  • Why was NATO intervening? To control the resources of Libya, to destabilize North Africa, to stop the African Union project and to create confusion by supporting the same al-Qaeda elements that they’re supposed to be fighting in the “war on terror.”
  • These are the reasons why the Left and the peace movement should have opposed the NATO intervention.
  • Just like in Syria and Iran, there’s confusion among the Left and progressive forces about what’s going on.
  • We need a resolution with responsibility to protect inside of Libya. To protect from the forces of NATO and to protect the Libyan people from the militias that have been unleashed by al-Qaeda, supported by the CIA and NATO.
  • President Obama exercised intense pressure on the South African presidents and other presidents. I think he telephoned directly for them to vote for this resolution.
  • The matter of Libya is not over.
  • The same NATO that created the problem in Libya, the same United States, France and Britain is now seeking the support of Congress to go into Libya, into the same place that they created the problem.
  • The U.S. designs on the continent of Africa is quite confused at the moment. It’s confused because of the assertiveness of the African Union and the African people.
  • It turns out as we’ve seen in Libya, that it is the United States and the western forces that are supporting jihadists who are called terrorists. We’ve seen in a place like Somalia where the African people themselves through the African Union have been able to bring some stability to Somalia.
  • There’s no military body that monitors the work of private military contractors.
  • Now the peace movement should be calling for a reduction in the military budget.
  • In the case of Libya, General Petraeus was using Benghazi as a base to recruit conservative Islamic fundamentalists from Libya to go to Syria to fight.
  • Here’s a web of conspiracy of military, of Israel, Saudi Arabia and the CIA fomenting instability all across North Africa and the Middle East.
  • There was no consulate in Benghazi, this was a CIA facility that was being used to support al-Qaeda elements.
  • We have a situation in Libya where the country is in complete disarray. There’s no law, there’s no order. The people of Tripoli demonstrated two weeks ago against these militias and 40 people were killed.

Guest – Professor Horace Campbell  is Professor of African American Studies and Political Science at Syracuse University. His recent book is Global NATO and the Catastrophic Failure in Libya. He is author of: Rasta and Resistance From Marcus Garvey to Walter Rodney; Reclaiming Zimbabwe: The Exhaustion of the Patriarchal Model of Liberation; Pan Africanism, Pan Africanists and African Liberation in the 21st Century; and Barack Obama and 21st Century Politics.

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Law and Disorder November 11, 2013

Updates:

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Lawyers You’ll Like: Attorney Brigitt Keller

On our Lawyers You’ll Like series we’re joined today by Attorney Brigitt Keller. She’s the Executive Director of the National Police Accountability Project (NPAP).  Brigitt holds a law degree from Fribourg University Law School in her native Switzerland and an LLM in American Law from Boston University.  She is admitted to practice law in New York.  Prior to attending law school, Brigitt counseled victims of domestic violence and was instrumental in founding the Swiss National Council of Women’s Shelters.  In addition to her engagement for NPAP, Brigitt is a fellow at the International Center for Conciliation and occasionally teaches conflict resolution workshops.

Attorney Brigitt Keller:

  • NPAP’s mission is to hold law enforcement officers including prison personnel accountable for civil rights violations and police misconduct and brutality.
  • As an organization we provide training and support for civil rights attorneys, legal workers and community activists.
  • We also work with other organizations with similar efforts to change policy and practices and provide relevant information to the public.
  • We see increasing disproportionate measures taken by police.
  • The police (NYPD) no longer stop people when there is suspicious activity. They preventively sweep up hundreds of thousands of young men of color.
  • When tasers were initially brought on the market, they were really sold to the public with the argument that they would be used instead of firearms.
  • What we observe today and this counts for all over the country is that tasers are used in cases where there would never ever be a justification for the use of a firearm.
  • When you think about why should we have police, its really to protect the people of this country,
  • Young people of color have a very good sense of when policing is legitimate and when its not legitimate.
  • These strategies make the community very unsafe. People will not call the police if the police behaves like an occupying army.
  • I find the involvement of community activists and families of victims incredibly important.
  • There is a different awareness today about police misconduct.
  • I want to make clear that damage has been done already – that the fact that the judge was recused from the case with in my opinion, no valid reason. Secondly, the police are allowed to violate the rights of New Yorkers until the stay will be lifted.
  • My interest in the law started initially by working for 7 years in a shelter for domestic violence victims.
  • Police violence is something truly international. Even in a country like Switzerland where crime numbers are pretty low, there is police violence.
  • I find it important that there is no abuse of power and police violence is abuse of power.
  • www.nlg-npap.org

Guest – Attorney Brigett Keller – Executive Director of the National Police Accountability Project (NPAP).  Brigitt holds a law degree from Fribourg University Law School in her native Switzerland and an LLM in American Law from Boston University.  She is admitted to practice law in New York.  Prior to attending law school, Brigitt counseled victims of domestic violence and was instrumental in founding the Swiss National Council of Women’s Shelters.  In addition to her engagement for NPAP, Brigitt is a fellow at the International Center for Conciliation and occasionally teaches conflict resolution workshops.

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A Panel Discussion: Militarizing, Domestic Spying, and the Boycott of Israel

We hear a presentation by Anna Calcutt (New Yorkers Against the Cornell-Technion Partnership – NYACT), NYC-based BDS activist, will supply background on the conception and planning of the Cornell-Technion campus in NYC, along with reasons to oppose The Technion–including its deep-rooted ties with the Israeli weapons industry and military, the growth of the anti-Technion campaign, and what needs to be done next.

Recorded by Deep Dish TV

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Law and Disorder November 4, 2013

Updates:

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Pan African Solidarity Hague Campaign to Delegitimize the ICC

In the month June last year, the Pan-African Solidarity Hague Committee delivered a petition to the International Criminal Court at the Hague, Netherlands demanding they prosecute the United States, Great Britain, France, Italy, Canada, and NATO for war crimes and crimes against humanity in Libya, Cote d’lvoire, Haiti and the US. This campaign began in May of 2011 when thousands gathered to protest the US/NATO bombing of Libya, attacks on Zimbabwe and the racist assault against African-Americans in the United States. 16 months after delivering the petition and sending follow up letters, the Pan African Solidarity Hague Committee haven’t received a response.  The organization is now reaching out to National Lawyers Guild members and law students to help expose the International Criminal Court.

Attorney Roger Wareham:

  • The International Criminal Court was established in 2001-2002, supposedly to replace the different ad-hoc international tribunals that had been set up to deal with war crimes and crimes against humanity.
  • It’s supposed to be even handed, no double standard – everyone is held to the same level of accountability.
  • The membership, you have to sign on to be a part of it. The United States was closely involved in the process of setting up the ICC.
  • The U.S. insisted that it would not be subject to prosecution by the ICC, although under the Security Council of the United Nations could recommend cases for the ICC.
  • Given the plethora of human rights violations and war crimes that have been committed around the world, the only people that the ICC is presently prosecuting are Africans.
  • The only prosecutions have been of Africans.
  • Our involvement in taking it to the ICC was in particular to expose its nature that its really not an international tribunal that would look at the question of war crimes across the board and that its really another instrument in the West’s arsenal of the exploitation of Africa.
  • Ostensibly, dealing with human rights violations, the ICC has zeroed in on Africa.
  • There’s been a response and rebellion among several of the African countries around this clear bias.
  • Three of the five permanent members are not on the ICC, Russia, United States and China.
  • I think what we want to do is we want a single standard or no ICC.
  • Email: D12M@aol.com
  • www.PASHC2012.blogspot.com

Guest – Attorney Roger Wareham, a member of the December 12th Movement, an organization of African people which organizes in the Black and Latino community around human rights violations, particularly police terror. Wareham is also the International Secretary-General of the International Association Against Torture (AICT), a non-governmental organization that has consultative status before the United Nations.

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Lawyers You’ll Like – Attorney Mel Wulf

We’re joined today by Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years. As part of our Lawyers You’ll Like series, we talk with Wulf about his work with the ACLU during the early 60s, and also about the forming of the Lawyers Constitutional Defense Committee.

Attorney Mel Wulf:

  • Phil Agee was a dissident CIA agent who spent decades working against the CIA, published a couple of books.
  • He lost his passport because when the dissidents took over the embassy in Tehran in 1979, the New York Post carried a story accusing Phil of helping the students who’d invaded the embassy to put together all of that written material that had been shredded.
  • It was another New York Post bald faced lie.
  • The State Department, based upon that story revoked his passport.
  • I had represented Phil Agee, I was his principle lawyer for 30 years.
  • Agee was very widely disliked in Washington because he was well known to be a CIA dissident who disclosed the names of many CIA agents.
  • If Snowden went the same route today, he would do even worse in this Supreme Court than I did. That’s why Snowden won’t get his passport, thanks to me.
  • I was for the workers and not for the bosses and I’ve always been for the workers and not for the bosses, which I think is the distinguishing political factor in our world. Which side are you on?
  • I got my Bachelors Degree in ’52 and I had a Navy Commission which I had gotten from the New York State Maritime Academy earlier on.
  • The draft board sent me a 1A notice, I applied to Columbia and when I finished Columbia they sent me another 1A notice because the draft was still on. I spent 2 years in the Navy as a Liuetenant Junior Grade Officer in Southern California.
  • I went to work at the ACLU in 1958 as the assistant legal director, in 1962 I was given the job of the legal director of the ACLU.
  • I had actually been going down to Mississippi from 1961 to 1962, working with then one of the two black lawyers who were practicing in Mississippi.
  • We tried a couple of capitol cases in Mississippi. I continued to argue the systematic exclusion of blacks from the jury.
  • I finally got a case up to the Supreme Court on that issue.
  • Lawyers Constitutional Defense Committee: We had several hundred lawyers who went down to Mississippi for periods of a week or two. They were representing people being arrested during the Mississippi summer.
  • Most of the judges allowed these lawyers to make some sort of presentation.

Guest – Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years.

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Law and Disorder October 28, 2013

Updates:

  • Wikileaks Film titled The Fifth Estate Is A Propaganda Piece Against the Disclosures of Wikileaks
  • Wikileaks Film titled MediaStan Is Produced By Julian Assange

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50th Anniversary of the Kennedy Assassination – Zachary Sklar, Screenwriter of the Film: JFK

November 22, 2013 will mark the 50th anniversary of the assassination of President John F. Kennedy. More than 600 books have been written on this national tragedy and yet the implausible explanations the Warren Commission report put forward remain as the official story. We’re joined today by Zachary Sklar to discuss some of those challenges and his work investigating those involved in the planning and covering up of assassinations.

Zach Sklar:

  • The Warren Commission was a creature appointed by Lyndon Johnson.
  • He persuaded Earl Warren to head this commission against his wishes. He was Chief Justice of the Supreme Court at the time.
  • To bolster him on the commission, the one who did most of the work and guided the findings was Alan Dulles, former CIA directory. A man who’d been fired by John Kennedy after the Bay of Pigs invasion.
  • The other one who was on it was Gerald Ford of course.
  • So, there was a dissenting group of southern Congress people who really didn’t have much power. Ultimately, the power was with Alan Dulles.
  • The CIA had overthrown Mossadegh in Iran, Arbenz in Guatemala, not only overthrowing governments but assassinating leaders.
  • The commission report – that conclusion was decided upon and then they had to come up with some reasons to support it.
  • The reasons were designed by Arlen Specter. He was a staff lawyer at the time and later a Senator from Pennsylvania. He came up with the Magic Bullet Theory.
  • Because the Zapruder film came out with the time frame of 5.62 seconds and there were 3 bullets during that time frame, all the wounds in John Kennedy and John Connelly.
  • Lee Oswald was given a paraffin test the day of his arrest. It was negative. It had proven he’d not fired a rifle that day.
  • According to the Marines, Oswald was a mediocre marksman at best.
  • The rifle that he was supposed to have used. . . if you ask any rifle dealer what the worst rifle, the least accurate rifle you could ever come up with they would tell you its the Mannlicher-Carcano. It’s called the humanitarian rifle by the Italians.
  • All this should’ve been put to rest in 1979 when the House Select Committee on Assassinations investigated and came up with acoustical evidence from a police dictabelt recording and found that there was a 4th shot.
  • If there was a 4th shot, there had to have been a second shooter. If there was a second shooter, there had to have been a conspiracy.
  • Kennedy was well aware that the anti-Communist ideology of the cold warriors was fundamentally flawed. The whole domino theory is fundamentally flawed.
  • After he was killed, very quickly, his (Kennedy’s) policies were reversed by Lyndon Johnson.
  • The fact is that 4 days after he was killed Lyndon Johnson issued National Security Action Memorandum 273 which reversed Kennedy’s order and actually ok’s US military operations in Vietnam.
  • On the very day he was assassinated Kennedy had sent a liaison to Cuba, to negotiate with Fidel Castro.
  • At the top of the list are the leaders of the CIA.
  • You have to understand that the Cold War had gone on for a long time, and people made careers, peoples’ livelihoods depended on the Cold War continuing. Big defense contracts depended on it.
  • A lot of people had the motivation to kill Kennedy.

Guest – Zachary Sklar, Oscar-nominated co-screenwriter of Oliver Stone’s film JFK, and author of the book JFK: The Book of the Film. He’s a journalist, and a professor at the Columbia School of Journalism. He was also a contributor to The Lies of Our Times, a monthly journal dedicated to exposing the truth behind the mainstream media. Zach collaborated with director Oliver Stone on the screenplay of the movie “JFK” and was editor of Jim Garrison’s book “On the Trail of the Assassins.”

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Lawyers You’ll Like: Attorney Bill Schapp

Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since.  Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

Attorney William Schapp:

  • One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
  • It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
  • I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
  • She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
  • I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
  • When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
  • Once you learn that, you learn about the CIA.
  • That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
  • The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
  • We were so successful that Congress passed a law against us.
  • Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
  • They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
  • We thought if we identified these people, it might make their job a little bit harder, which it did.
  • Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
  • He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
  • He was not the person discovering who the under cover people were, Lou Wolf was doing that.
  • Phil wrote articles for us in every issue and we worked very closely with him.
  • Once you start exposing these things, they really don’t have any defense.
  • They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
  • We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
  • They would plant bugs in our attic in Okinawa, things like that.
  • The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
  • Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
  • We were just tired of people thinking that if it was in the New York Times it must be true.
  • The fact is that those people lie all the time.
  • I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.

Guest – Attorney William Schapp graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since.  Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of  media and intelligence.

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Law and Disorder August 19, 2013

Updates:

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Lynne Stewart: Compassionate Release Decision

Last week Federal District Court Judge Koetl in New York stated he couldn’t consider Lynne Stewart’s request for compassionate release because by law the request needs to come from the Federal Bureau of Prisons. Judge Koetl also pointed out that the Bureau of Prisons didn’t properly consider Lynne’s medical evidence by saying her condition was improving. Meanwhile, Lynne’s doctors have given her a prognosis of 24 to 18 months to live.

Attorney Jill Shellow Levine:

  • One of the things his opinion makes clear (Judge Koetl) is that the Bureau of Prisons under the statute makes a motion, he will swiftly and compassionately view the motion.
  • Our application would have required him to think outside the box. I think he’s reluctant to do that at least now.
  • You can continue your letter writing campaign to the director of the Bureau of Prisons in Washington DC. You can contact your Congress people both on the Senate side and the House side and urge them to get involved and to make known to the director that this is important to them.
  • Those are probably the things that count the most.
  • Please call to push for Lynne’s release from prison.
  • U.S. Bureau of Prisons Director Charles E. Samuels – 202-307-3198  Ext. 3
  • U.S. Attorney General Eric Holder – 202-514-2001
  • President Barack Obama – 202-456-1111
  • Please Write to: Charles E Samuels Jr. / Federal Bureau of Prisons / 320 1st Street Northwest / Washington DC 20534

Guest – Attorney Jill Shellow-Levine, Lynne’s attorney and National Lawyers Guild member.
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One Nation Under Surveillance Campaign: Partnership For Civil Justice Fund

In the wake of leaks about the National Security Agency’s massive surveillance program, many ask what legal steps to stem the pervasive breach of civil liberties. We’ll talk with attorney Carl Messineo from the Partnership for Civil Justice Fund about their campaign One Nation Under Surveillance. Years before 9/11 the Partnership was engaged in litigation and advocacy about the ways in which the government and corporations spy on individuals.

The FOIA request reads in part: “The people of the United States have an urgent need for disclosure of the requested information regarding what appears to be the largest covert surveillance program directed against them in U.S. history. The U.S. government and its agencies that are carrying out these unprecedented surveillance programs are not entitled to hide these programs from the public.”

Attorney Carl Messineo:

  • One Nation Under Surveillance campaign is a composite of multiple programs that the PCJF has undertaken to challenge and to fight against the surveillance state.
  • The program includes public records demands, FOIA requests, lawsuits, litigation as well as campaign and advocacy.
  • We’ve been looking at the issue of anti-terror authorities and surveillance authorities being misused to target law abiding people in the United States and in particular those engaged in political activity, well before even 9/11.
  • These anti-terror and surveillance authorities, while they were pumped up dramatically after 9/11 were actually being utilized to disrupt, to monitor, surveil, peaceful, political activists even before that catastrophic event occurred.
  • The monitoring is done at the behest of private corporations and that’s revealed most clearly in the public records disclosure that we have secured as related to the Occupy Movement.
  • Those documents reveal corporations working hand in glove with law enforcement to surveil, to counter, to disrupt the political messaging that this grassroots peaceful movement had.
  • This is a movement that came about because of tremendous economic insecurity. People are one pay check away from not being able to meet their basic needs.
  • The Wall Street corporations sit in the command centers of law enforcement, so that they have free access to the same flow of information.
  • What Manning and Snowden have revealed to us is really a clarion call to action.
  • What the NSA does intercept comprehensively, gmail communications, telephone logs of all of our communications.
  • Who is that targeting? It’s targeting the law abiding person in the United States. Think about it for a second. What competent terrorist is going to be relying on gmail or google in order to conspire or plan?
  • The “undernet” is not being captured. The virtual private networks.
  • It completely eliminates the concept of privacy. The privacy implications are staggering. It’s all been done secretly, with secret courts in the United States.
  • Senators who had knowledge of this information, and critical of the programs did not possess the First Amendment right to bring or focus attention to these details by citing specifics because they were under gag orders.
  • We certainly know the surveillance complex is massive. Edward Snowden didn’t access the top secret documents that he did by working at the NSA. He had to work as a private contractor at Booz Allen.There’s a huge profit incentive. The use of permanent war. There must be a declaration of war in order for emergency powers that are ancillary to those powers to come into effect.
  • There needs to be public debate before there is war. But a new concept was developed under the Bush Administration and is perpetuated under the current.
  • The notion that there is a permanent state of undeclared war.
  • Anti-crime and anti-terror authorities have been used by the government as tools.
  • This is a predominant threat of having these tools of social and political control out there and systematically deployed so that the government and the corporations with who they work hand and hand, can anticipate, can know and can suppress and disrupt, democratic action. The lifeblood of a democracy.
  • The government governs only by consent and that’s part of the violation here of all of this secrecy.
  • A new debate is starting across this county of how do we seize control over these technologies.
  • What we’re doing at the Partnership for Civil Justice Fund is a combination of activism and litigation.
  • The government has operated in secret because it fears the public’s reaction.
  • We have filed public records demands with the NSA, the FBI, the CIA, with other defense and military entities because that’s who is doing this. It’s coming out of the military.
  • Our requests demand disclosure to the public, what are the record keeping systems, what are the safeguards, what are the rules, what are the authorities?

Guest – Attorney Carl Messineo, legal director and co-founder of the Partnership for Civil Justice Fund.
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The Struggle Continues: Seeking Compensation for Vietnamese Agent Orange Victims, 52 Years On

The long term damage left by Agent Orange upon millions of Vietnamese, and the many thousands of U.S. soldiers has yet to be properly accounted and compensated for.  Agent Orange’s long term damage set upon the ecosystems of Vietnam 52 years later include long term poisoning of soil and ground water, and near permanent destruction of mangrove forests.  Chemical companies such as Monsanto and Dow have profited from defoliant chemical and has paid very little to settle veteran’s lawsuits for Agent Orange related illnesses. Meanwhile, second and third generation of Vietnamese civilians are seriously effected by Agent Orange exposure.

Attorney Marjorie Cohn:

  • Studies show that between 2 million 4 hundred thousand and 4 million 8 hundred thousand Vietnamese and tens of thousands of Americans were exposed to Agent Orange during the spraying of Vietnam from 1961 to 1971.
  • The Department of Veterans Affairs recognizes certain illnesses and diseases as being associated with the use of Agent Orange. Lists diseases. . .
  • During the Nixon Administration there was a promise, in 1973 as part of the Peace Accords that were signed in Paris. The Nixon Administration promised to contribute 3 billion dollars toward reconstruction and healing the wounds of war and that money has not been forthcoming.
  • The chemical companies, Dow and Monsanto paid a pittance to settle a lawsuit to compensate unintended victims for Agent Orange related illnesses.
  • The intended victims, the Vietnamese sued the chemical companies in U.S. Federal Court and were unsuccessful. But the lawsuit spawned to hold the United States accountable for using these dangerous chemicals.
  • HR 2519, The Victims of Agent Orange Relief Act of 2013. It would provide medical and rehabilitative compensation to Vietnamese victims of Agent Orange and medical services for children of U.S. Vietnam veterans and Vietnamese Americans who have been born with these same diseases and birth defects.
  • It would also remediate or clean up hot spots which have been contaminated by dioxin.
  • Dioxin is the culprit in Agent Orange. Dioxin the most toxic chemical known to science.
  • The US government and the chemical companies did know about it (harmful effects) and they covered up a report and it wasn’t until the late sixties that they stopped spraying Agent Orange because of the negative publicity.
  • Now it falls to the Peace Accords in 1973.
  • Vietnam Agent Orange Relief and Responsibility Campaign. I would urge everyone to make sure your Congress person is a co-sponsor of HR 2519. The Victims of Agent Orange Relief Act of 2013.
  • Obama who was 14 at the time of the Vietnam War, has come out with a campaign to which looks to rewrite the history of the Vietnam War in a way that actually lies about what the U.S. did in Vietnam.

Guest – Attorney Marjorie Cohn, professor at Thomas Jefferson School of Law and on the board of the Vietnam Agent Orange Relief and Responsibility Campaign. Her latest article The Struggle Continues: Seeking Compensation for Vietnamese Agent Orange Victims, 52 Years On, details a strategy for compensating victims of the Agent Orange chemical.
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Law and Disorder August 12, 2013

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Law and Disorder Co-host and Executive Director of the National Lawyers Guild, Heidi Boghosian Recently Published “Spying on Democracy: Government Surveillance, Corporate Power and Public Resistance.”

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Israel-Palestine Peace Talks

Could the timing of the recent Israel-Palestine peace talks be related to the crisis erupting across the Middle East region?  The escalating war in Syria and the massive coup in Egypt have reflected US strategic failures.  Now, the U.S. led effort to re-start 22 year old peace talks with Israel and Palestine has again raised suspicion of again benefiting the side of Israel.
Interestingly, former U.S. ambassador to Israel and former deputy research director of AIPAC, the pro-Israel lobby, Martin Indyk will be acting as the U.S. envoy in the negotiations. The stated goals of these new peace talks according to our guest Phyllis Bennis, director at the Project Institute for Policy Studies will not end the occupation, or the siege of Gaza, or the decades of dispossession and exile of Palestinian refugees but only current tension and dispute.

Phyllis Bennis:

  • 1947 is when the British really threw up their hands and said we don’t want to be the official colonial power in historic Palestine any more so we’re going to turn it over to the UN.
  • At the end of November in 1947, the UN decided to divide Palestine and make two states.
  • It started out incredibly unfair because what they decided to do is give 55 percent of the land to become a quote Jewish state but that was a time when the Jews amounted to 30 percent of the population.
  • The Palestinians who were 70 percent of the population were supposed to get what was to become a state only 45 percent.
  • The war that broke out that was as much against the British as it was against the Palestinians and what were to become the Israelis but were at the time Zionist militia, the war led to the expulsion, many at gun point of 750 thousand who were driven into exile, off their land. At the end of the war, the Palestinians were left with only 22 percent.
  • The Israelis controlled 78 percent of historic Palestine and all of western Jerusalem. Jerusalem was supposed to be separate under international law, it was called corpus separatum, that was to be governed internationally and not governed by either of these states.
  • That’s what led up to the period from 1948 and 1967. Jordan took over administering the West Bank, and East Jerusalem – and Egypt took over administering the Gaza Strip.
  • In 1967, war breaks out, what became known as the Six Day War. The Egyptian Air Force is the first target of the Israeli military.
  • The Israeli military was really good, they had gotten their arms mainly from France and Czechoslovakia. It’s interesting because in that period from 1948 and 1967, the U.S. supported Israel but it wasn’t the kind of special relationship we see now.
  • At the end of 6 days, they now controlled 100 percent of historic Palestine. They now had been occupying what had been left to the Palestinians after 1948, which meant the West Bank, the Gaza Strip and East Jerusalem.
  • We can look back at this particular process, it goes back 22 years to Madrid Conference of 1991.
  • I was at Madrid, I was really young, Netanyahu, was the spokesperson for the delegation. I went head to head with him at a press conference in Madrid.
  • That led to the Oslo process, and what we have now.  We’ve had the “road map” we’ve had the Anapolis meetings, we had the Y-River Accord.
  • In 1967, the US is desperate for allies it can rely on, against the Soviet Union, against the anti-colonial movements that are springing up across Africa.
  • Here’s Israel that just trounced 6 Arab armies and the Pentagon looked at that and said, we could do business with these people.
  • So the Pentagon starts to build this relationship with Israel that goes beyond joint training. Soon you have the beginning of the interlocking connection between the Israeli military, military producers, war profiteers, military corporations and that gives rise to the whole new influence to the long standing pro-Israel lobby.
  • At the end of the cold war, the value of Israel begins to be a liability. That’s when you see some changes in US policy.
  • Then you have 9/11 and the global war on terror and Israel is a great strategic ally again.  It’s an asset again, not a liability anymore.
  • This idea of land swap is the code word that the U.S. and Israel have been using for the last 7 or 8 years. That is based on the idea that Israel will keep all its major settlement blocs – about 80 percent of the current 600 plus thousand illegal Israeli settlers that are living in illegal Jews-only settlements in the occupied West Bank, and the occupied East Jerusalem.
  • About 80 percent of the settlers would stay, all the major settlement blocs. These are cities of 40-50 thousand people with shopping centers and swimming pools and colleges and industrial zones, with industrial waste going down the hill into Palestinian villages at the bottom.
  • Israel will all of those, Israel will keep all the major water aquifers of the West Bank, and they will call that “land swap” because in return they will give Palestine a few acres of desert land, abutting Gaza or some other land that’s not developed.
  • The Coalition of the US Campaign To End the Israeli Occupation. EndtheOccupation.org
  • The BDS movement. Boycott, Divest and Sanction which is aimed at stopping Israel’s violation of international law. If it doesn’t there will be consequences that we as a civil society can bring in stop buying settlement produced goods. In Europe, the BDS movement has pressured enough countries that the European Union has now issued new guidelines calling to an end of any European Union funding of any institutions or individuals in the occupied territories.

Guest – Phyllis Bennis, directs the New Internationalism Project at IPS. She is also a fellow of the Transnational Institute in Amsterdam. She has been a writer, analyst, and activist on Middle East and UN issues for many years. In 2001 she helped found and remains on the steering committee of the U.S. Campaign to End Israeli Occupation. She works closely with the United for Peace and Justice anti-war coalition, co-chairs the UN-based International Coordinating Network on Palestine, and since 2002 has played an active role in the growing global peace movement. She continues to serve as an adviser to several top UN officials on Middle East and UN democratization issues.

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Green Scare Crackdown and Monsanto Political Prisoner Marie Mason

Long time activist in environmental and labor movements Marie Mason continues to serve out a harsh 22 year prison sentence based on her involvement in two attacks of property damage and arson. Marie Mason is considered an eco-terrorist and is serving the longest sentence of any convicted animal rights or environmental militant. In one of the attacks, Mason and her husband Ambrose set fire to a Michigan State University building, targeting a Monsanto funded office in charge of a genetically modified crop research program to create moth resistant crops for Africa. Marie Mason was later set up by her husband who recorded their conversation that led to her conviction. As we continue to report, since 9/11, environmental radicals have been labeled terrorists, and charged with overly long sentences. This is part of what’s known as the “Green Scare” campaigns that seek to put a chill on dissent.

Peter Werbe:

  • Marie Mason was an environmental activist from the Detroit area.
  • In January 2000 she committed a number of acts the government considered illegal. They were eco-sabotage. Frustrated by her lack of ability, her and others to mobilize great numbers of people to defend the environment against things like genetically modified organisms.
  • She and her husband at the time entered a research lab at Michigan State University and set fire to these records. Arson under the law. She also damaged logging equipment in an area where they were doing clear-cutting.
  • When you get these “frankenstein” genes into the environment, there’s no longer a debate. When you clear cut an old growth forest, that’s the end of debate as well.
  • She was desperate. She actually escaped apprehension until her husband who actually became estranged from her was caught in another matter and ratted her out in 2007.
  • She was brought to trial. He actually wore a wire taping her and going around the country, making 140 other recordings of environmental activists but was only able to ensnare her.
  • She was tried for these acts in Federal Court, and found guilty. She pled guilty. The judge gave her 22 years.
  • She is now the longest serving prisoner of this nature. (Federal Terrorism Enhancement Law) No one was ever injured in any of these.
  • There are these Catholic peace activists who regularly go down to Tennessee to protest against nuclear facilities there and previously they were convicted under misdemeanors. They are now facing up to 15 years in prison on federal charges.
  • Marie Mason appealed her sentence saying it was disproportionate to other federal guidelines for sentencing. Unfortunately, the right-wing Bush appointed judge wrote the sentencing guidelines so she didn’t get anywhere with the Circuit Court of Appeals.
  • She was sent to a federal woman’s facility in Minnesota where she did good work. She was a model prisoner, but one day about two and a half years ago – in the middle of the night she was taken to administrative segregation. The hole.  Held there for a couple of months and suddenly in the middle of the night in chains, taken in a small plane and took off. She said she thought she was going to Guantanamo or something like that.
  • She wound up in the Special Administrative Unit in Carswell Federal Medical Center.  Lynne Stewart is in Carswell but she’s in the general population. Women are sent there with medical difficulties but its a horror show.
  • She was told she was moved because she was recruiting for the Earth Liberation Front, that she maintained a connection via email that was provided by the prison.
  • They don’t want to restrict her communications, they want to see who is writing her.
  • She has written extensively for the Fifth Estate Magazine.
  • Marie’s support is worldwide. SupportMarieMason.org

Guest –  Peter Alexander Werbe,  American radio talk show host and a progressive political activist. His home is Detroit, where he has become a fixture spinning discs and hosting Nightcall Sunday nights on Detroit’s WRIF 101.1 FM. Peter Werbe’s tenure, having commenced in 1970 has resulted in 2 popular radio programs: Nightcall and The Peter Werbe Show.  He currently hosts a Mon-Fri classic (webstream) rock show Deep Trax on WCSX. He is also a staff member of Fifth Estate magazine.

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Left Forum 2013: Dr. Harriet Fraad

We hear an excerpt of a presentation from Harriet Fraad is a hypnotherapist & psychotherapist in Manhattan. She writes regularly for Truthout, Tikkun and The Journal of Psychohistory. Her blog with Richard D. Wolff, Economy and Psychology appears at HarrietFraad.com and RDWolff.com. Her latest book is Bringing It All Back Home ed. Graham Cussano. Her article on Emotional and Sexual Life in a Socialist America written with Tess Fraad Wolff will appear in the book Imagine A Socialist America- (Harper Collins 2013). This panel explores what Socialism could look like in the United States.

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