Law and Disorder November 3, 2008

Updates:

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Iraq Veterans Against The War: Jose Vasquez

The group Iraq Veterans Against The War or IVAW has emerged as the leading antiwar group in the United States. Recently, thousands of IVAW members held rallies and marches at the RNC and nearly 10 thousand marched at the DNC in Denver. The demonstrations urged presidential candidates to endorse ending the Iraq war and paying reparations to the people of Iraq.

The IVAW also calls for the immediate withdrawal of all occupying forces in Iraq, stopping the corporate pillaging of Iraq, and full benefits, adequate healthcare for returning servicemen and women. IVAW chapters are in 48 states, Canada and DC, members include recent veterans and active duty servicemen and women from all branches of military service, National Guard members, and reservists who have served in the United States military since September 11, 2001.

Guest – Jose Vasquez, a 14 year US Army veteran and conscientious objector. He is an active member of Iraq Veterans Against the War (IVAW) serving as the New York City chapter president. Jose was also a key organizer of Winter Soldier: Iraq and Afghanistan.

from Arab American news photo from Arab American News online New in paperback Iraq: The Logic of Withdrawal

Iraq War – Status of Forces Agreement: Anthony Arnove

Nearly 4,200 US soldiers and 1 million Iraqi civilians have been killed in the US occupation of Iraq since 2003. .Right now there are 75 major US bases in Iraq, 140 thousand US troops and 180 thousand private contractors operating in Iraq. The cost of the Iraq War so far is 3 trillion and this year the monthly average expense is 12 billion dollars.

A pact recently negotiated in secret by the US government intends to extend the US occupation 3 more years in Iraq despite public and Congressional opposition. Tens of thousands of Iraqis have demonstrated against the pact that calls for full US withdrawal by 2012, but the agreement also leaves open the possible later date of withdrawal.

Anthony Arnove:

  • Status of Forces Agreement; Orwellian slieght of hand – Combat troop withdrawal only.
  • US is currently responsible for the detention of thousands of Iraqis who are being held without trial.
  • 14 permanent US bases in Iraq: Areas to project power from in the future.
  • Iraq: World’s second largest oil reserves, and world’s most strategic shipping routes.
  • In the SOFA agreements, the US is making a condition to pass a national oil law.
  • Iraq’s oil is distributed unevenly, leading to regional tensions between Kurdish and Shia regions.
  • Obama rhetoric: Blaming the Iraqi people – the Iraqis haven’t spent money or achieved political reconciliation, or passed a national oil law

Guest – Editor and writer, Anthony Arnove, author of Iraq: The Logic Of Withdrawal.

Anthony Arnove Wikipedia Entry:

Arnove is best known for his books on Iraq and the Iraq War. Arnove is the author of the book Iraq: The Logic of Withdrawal, published in hardcover by the New Press and in paperback by Haymarket Books. Arnove toured the country promoting the book in spring 2006 as part of the New Press’ “End the War Tour”.

Arnove is also the editor of Iraq Under Siege, published by South End Press, the co-editor with Howard Zinn of Voices of a People’s History of the United States, published by Seven Stories Press, and the editor of The Essential Noam Chomsky, published by the New Press. He writes frequently for left-wing publications; he is a featured author at ZNet, a columnist for Socialist Worker, and on the editorial board of the International Socialist Review. He has also written for The Nation, In These Times, Le Nouvel Observateur, L’Humanité, and The Financial Times.

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Law and Disorder October 20, 2008

Updates:

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Federal Appeals Court Overturns Two Terrorist Convictions

The 2nd U.S. Circuit Court of Appeals ruled that Sheik Mohammed Ali Al Moayad and Mohammed Mohsen Zayed, convicted of supporting terrorists, can have new trials. The men were convicted in federal court in Brooklyn after a six week trial in early 2005 on charges of conspiring to support Al Qaida and Hamas.

National Lawyers Guild Lawyer, Robert Boyle: This case involved an FBI sting operation where the FBI and the Dept of Justice lured Sheik Mohammed Ali Al Moayad and Mohammed Mohsen Zayed from their native Yemen to Germany.

  • They were lured on the promise (…and this was an FBI informant that told them this) that they would provide hundreds of thousands of dollars to Al Moayad’s charitable organizations. The issue was entrapment – set up by the FBI.
  • The Sheik went to Germany arrested there in 2003 after meetings with the informant -all recorded. He was brought to trial in Brooklyn but imprisoned in a Florence, Colorado supermax prison.
  • The trial judge allowed the government to introduce a host of prejudicial and irrelevant evidence.
  • Robert Boyle – “Its rare that they find the cumulative prejudicial evidence as grounds for reversal. This decision is gratifying and unique, its rare to get a reversal in a case where there is alleged terrorism.”
  • Extremely similar to Lynne Stewart’s case, if you don’t have direct evidence, prejudice the jury. Raise the spectre of Osama Bin Laden and you hope that the jury overlooks the weaknesses of the government’s case and convicts.

Guest – Lynne Stewart, has also helped set up the Muslim Innocence Project for Muslims caught in similar entrapment.

Guest – Robert Boyle, a national lawyers guild attorney who represented Sheik Mohammed Ali Al Moayad and former civil rights lawyer Lynne Stewart who tells us why this brings other issues to light in her case.

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Luis Posada Carriles: A Tribunal

We hear a speech from Wayne Smith, Senior Fellow, Center for International Policy, he was among three speakers. We e will hear Brian Becker, Director of the A.N.S.W.E.R. Coalition in the weeks to come.

Wayne Smith addressed the failure of the United States, specifically the Bush family to prosecute Luis Posada Carriles on charges of terrorism. The failure to charge Posada with terrorism is an open violation of the Resolution 1373 of the UN Security Council. A resolution George Bush pushed through on the days following the attacks on 9/11.

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Collateral Damage : Chris Hedges

Author, journalist Chris Hedges exposes the dark violence deep within the ranks of the Iraq War. The type of violence and eyewitness accounts you don’t hear about in the media. His book pulls together the 50 stories from by combat veterans as they describe the day to day carnage.

Chris Hedges:

  • We wanted to give people a window into the sheer terror that has been visited on Iraqi civilians.
  • Convoys have to keep moving: Running over children. If an IED goes off, soldiers lay down withering suppressive fire.
  • The Sunnis are building a powerful force and will soon unleash a civil war
  • Barack Obama speaks in the same toxic language of war bequeathed to us by the Bush Administration. He wants to expand the war in Afghanistan, he talks about leaving behind troops in the green zone and the super bases and fighting terrorism.
  • We have no rights as citizens of this country to debate the terms of this occupation, in post Nuremberg terms this war is a criminal war of aggression.
  • Resistance. We find our spiritual worth in our ability to resist and to take moral stance n0 matter how lonely.

Guest – Chris Hedges, author of many books specializing in American and Middle Eastern politics and society. He spent nearly two decades as a foreign correspondent in Central America, the Middle East, Africa and the Balkans and right now, he’s a senior fellow at The Nation Institue in New York City and a lecturer in the Council of the Humanities.

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Law and Disorder September 29, 2008

Updates:

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Lawyer’s You’ll Like: Rhonda Copelon

Attorney Rhonda Copelon is a professor at the Law School of the City University of New York and director of the school’s International Human Rights Law Clinic. Rhonda is also the Legal Advisor to the Women’s Caucus for Gender Justice.

From Article on New International Criminal Court: “The breadth and specificity of gender crimes in the court’s enabling statutes are directly attributable to a global caucus of women that formed in 1997 in the face of apathy and active resistance to prosecuting gender-based crimes. “Women made a huge difference,” said Rhonda Copeland, a professor at the Law School of the City University of New York and director of the school’s International Human Rights Law Clinic.

“They made it impossible to ignore that women have been left out of justice and that we have to be in it,” Copelon said. “If there were nobody there saying ‘this is violence,’ I don’t know how it would have happened.”Rhonda shares with listeners, her history of fighting for the constitutionality of the abortion cases in New York City and its effect on poor women in a pre-Roe v Wade climate. She also discuss the Harlem 6 case. This is the first part of the interview with Rhonda Copelon.

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Bill Would Let Insurers Track Where, When, How You Drive

A bill proposed by the California legislature would allow insurance companies to install black boxes on vehicles that track milage but also measure more sensitive information such as how aggressive you drive. The bill is structured so that insurance companies can encourage people to drive less with lower insurance. Consumer watchdogs say drivers shouldn’t have to choose between fair insurance rates and protecting their privacy when there are less intrusive ways to collect data.

Under the proposed bill titled AB 2800, the “black box” would allow insurance companies to track how fast drivers accelerate, where motorists go and which neighborhoods they drive through. The device would also monitor whether they come to a full stop at a stop sign; and when they apply their brakes. Privacy protection groups are also watching as similar proposals are being introduced in other states.

Guest – Carmen Balber, Consumer Advocate with Consumerwatchdog.org

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Bush Proposes To Bypass Endangered Species Act Experts

Currently under the Endangered Species Act, federal agencies are required to consult with federal wildlife experts to make sure activities such as mining, logging and road construction do not threaten endangered species. Now, the Bush administration has proposed a new plan that will give federal agencies the decision of whether they want expert consultation to determine if activities will affect endangered species.

Thousands of these consultations happen each year and federal wildlife experts have finely tuned their knowledge of protecting endangered species in the last twenty years. Critics say the proposal is a disturbing reversal.

Guest – Joel Kupferman, executive director and head attorney of the New York Environmental Law and Justice Project

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Law and Disorder September 1, 2008

Updates

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The Prosecution of President Bush and Other Administration Officials for War Crimes

This month, Larry Velvel, dean and co-founder of Massachusetts School of Law at Andover will hold a conference to plan the prosecution of President Bush and other administration officials for war crimes. The conference will take on the issues of both domestic and international crimes committed by high level Bush officials, including Federal judges and members of Congress. A coordinating committee of legal groups will also be created, among the legal groups are the Center for Constitutional Rights, ACLU, National Lawyers Guild. Official Site

“This is not intended to be a mere discussion of violations of law that have occurred,” says convener Lawrence Velvel, dean and cofounder of the school. “It is, rather, intended to be a planning conference at which plans will be laid and necessary organizational structures set up, to pursue the guilty as long as necessary and, if need be, to the ends of the Earth.” related article

Velvel Interview Notes:

  • Conference will be held in undisclosed location for the time being.
  • Until people have the fear they will be brought to book if they violate the law in a very serious ways that cause tens of thousands of deaths, what will stop them from doing it in the future?
  • Unless there is something to look back on, like the Germans and the Japanese apparently know, don’t do it again because people swung.
  • Who’s to say it won’t happen 20 or 30 years in the future again.

Guest – Lawrence R. Velvel, Dean of Massachusetts School of Law and a professor of law. Mr. Velvel is a 1960 graduate of the University of Michigan and a 1963 graduate of the University of Michigan Law School, where he served on the law review and was elected to the Order of the Coif. He was a law professor from 1966-1978, first at the University of Kansas and then at Catholic University. He has been a partner in major law firms in Washington, D.C., and was the first chief counsel of an organization established to write United States Supreme Court briefs in support of state and local governments. read more.

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New Guidelines Would Give F.B.I. Broader Powers

A Justice Department proposal which could be made public in a month, has given the government even broader license to open terrorism investigations, without any evidence of wrongdoing, relying instead on racial or ethnic profiling. Currently, FBI agents need specific reasons, such as evidence or allegations that a law probably has been violated, to investigate US citizens and legal residents. Last month, The Council on American Islamic Relations decried the forthcoming plan as “unconstitutional and un-American.”

This proposal is among other aggressive plans the Bush administration has put in place such as new wiretapping regulations and authorizing greater sharing of intelligence information with the local police. The Director of National Intelligence has set up – Information Sharing Environment – where certain police authorities will have access to information produced by the FBI, by the intelligence community and also by police departments around the country.
It is “one stop shopping” for all these different police agencies and even private companies to have access to this highly speculative, accusatory, fragmented and often erroneous information.

Intelligence Fusion Centers – which I think is a real problem, particularly since there’s very little oversight of these centers
there’s no way to correct these watch files, – a main problem with the closed system, where no one has an opportunity to go in and say you got this piece wrong.

Related Article : Colorado ‘fusion center’ to step up intelligence gathering during DNC

Mike German Quotes:

  • Giving the FBI more authority to collect more information isn’t helping the FBI be more effective.
  • Gathering information about innocent people won’t help find guilty people.
  • There is no terrorism profile, people are drawn to terrorism for all sorts of reasons.
  • Terrorism watch list : 1 million individual records – clearly nobody believes there’s a million terrorists out there.
  • The FBI don’t know to this day, how many national security letters they’ve issued.

Guest – Mike German, attorney with the ACLU and former FBI agent. Mike German is a recognized expert in terrorist group behavior, counter-terrorist operations, and right-wing extremism. He has appeared on Dateline NBC, Paula Zahn Now, CNN, and MSNBC and his commentary has been published in the National Law Journal and the Washington Post. Mike served for sixteen years as a Special Agent with the Federal Bureau of Investigation and is one of the few agents credited with actually having prevented acts of terrorism before it became the FBI’s number one priority.

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Law and Disorder August 18, 2008

Updates:

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CCR Campaign: The First 100 Days

Vincent Warren, Executive Director of the Center for Constitutional Rights talks with hosts about the CCR campaign titled the First 100 Days. Warren says there is a clear opportunity for the next president to steer things in a new direction, to repudiate the executive orders that have been put in place by George W. Bush, and by the sidestepping of the Justice Department. A lot of the reversal can be done without Congress because they are executive orders. The First 100 Days campaign will put this information(PDF) in the hands of the people to make the next administration accountable. Law and Disorder will have more programming on the First 100 Days.

Guest – Vincent Warren, Executive Director of the Center for Constitutional Rights

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20 Years Later: Dozens of Black Men Remain Behind Bars In Chicago After Being Tortured

According to the People’s Law Office in Chicago, at least 24 African American men are still serving sentences for crimes they say they confessed to after being tortured by Chicago Police officers. The happened when the Chicago police precinct was under Commander Jon Burge in the early 70’s to the 1992. Jon Burge is a Vietnam Vet who is said to have brought back torture to Chicago. People’s Law Office Attorney Flint Taylor says Burge shot through the ranks all the way to commander, primarily by leading a band of torturers. They used methods such as electric shock, dry submarino, (suffocating with bags)

Flint Taylor on the Daryl Cannon Torture Case:

  • Flint Taylor represents torture victim Daryl Cannon who the city has admitted they tortured and settled for 3 thousand dollars twenty years ago before any evidence of the systemic torture came out.
  • Under Seventh Circuit law if there’s a conspiracy to cover up the evidence in a civil case to show fraud then you can bring the case again. The PLO brought the case in 2005 and the city of Chicago still refuses to settle the case and they’re pumping hundreds of thousands of dollars in that case.
  • They’re over the 10 million dollar mark and pumping more in to the defense of Commander Jon Burge. We’ve calculated the pensions that have been paid to Burge and the 25 other implicated torturers; its over 25 million because statute of limitations have no remedy.

The Peoples Law Office attorneys are also battling to get the remaining men off of death row and to get them hearings. They’re also battling to get the states attorney and DA to Richard Daily former Chicago mayor and Richard Devine to the carpet because they had evidence to prosecute Burge criminally, thus allowing torture ring to continue.

The Committee of Torture in the United Nations has connected the torture brought back to the U.S. in Chicago with torture in Guantanamo and other black sites around the world.

Guest – G. Flint Taylor, attorney at the Peoples Law Office.Taylor, a graduate of Brown University and Northwestern University School of Law and a founding partner of the People’s Law Office.

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Beyond Guantanamo Speech: Pardiss Kebriaei

We hear from Pardiss Kebriaei, Staff Attorney, Guantánamo Global Justice Initiative, at the Center For Constitutional Rights who spoke at the event titled, Beyond Guantanamo.

Now that key rulings issued by the Supreme Court affirm the constitutional rights of Guantánamo detainees to challenge their detention in the federal courts, what does the future hold for Guantanamo detainees and the rule of law? In the cases of Boumediene v. Bush and Al Odah v. United States, the June 2008 Supreme Court ruling has undone the attempts of the Bush administration and Congress to suspend the fundamental right of habeas corpus. Closing Guantanamo is on top of the list of actions in the First 100 Days for the next U.S. President’s Administration.

Among the speakers:

  • Vincent Warren, Executive Director, CCR,
  • Stephen Abraham, Guantánamo whistleblower, attorney, and U.S. Army reserve officer who served on a military “combatant status review tribunal”
  • Baher Azmy, Professor of Law, Seton Hall University and habeas counsel to Guantánamo detainees

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Law and Disorder July 21, 2008

Updates:

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Update: Canadian Rendition Victim Maher Arar

Last month, in the Maher Arar case, the Federal Court of Appeals ruled a 2-1 majority refusing to hold US authorities accountable for complicity in torture abroad. As Law and Disorder listeners may remember, Maher Arar, a Canadian citizen, traveling back to Canada, was picked up at JFK airport in 2002, detained in solitary confinement for 2 weeks by the US government then deported to Syria where he was interrogated and tortured. Cases involving diplomatic assurances in North America.

Last year, a Canadian commission of inquiry cleared Arar of any links to terrorism and he was given a 10.5 million dollar settlement. Since then, the United States refused to clear his name and now this majority decision rules that his constitutional claims can not be heard in federal court for two reasons. The first reason was based on national security, the second because Mr. Arar, a dual citizen of Canada and Syria, does not have constitutional, due process rights.

Guest – Maria LaHood, Attorney with the Center For Constitutional Rights.

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Deepening Economic Crisis: How Deep, Where Is It Headed, Who is Accountable?

To many, the recent economic downturn could be a rough patch to a full collapse as a financial crisis hits the nation’s markets; add in that the United States is nine months into a significant acceleration in expected energy and food price increases. The distressful interaction is known as a “scissors crisis” among economists. We’ll also discuss the economic sub-genres, such as Military Keynesianism, GWOT spending, and housing markets. This, while Californians made a run on IndymacBank, the biggest bank crisis since 1984. Indymac was started by three former high level people from Countrywide.

Quote: “Even though Iraq is a bad idea, the value of the US military to this country is rising not falling.”

Guests – Rick Wolff, Professor of Economics at University of Massachusetts at Amherst Rick teaches at the Brecht Forum and the New School in New York City. (Read Rick’s article, Economic Blues in the Monthly Review)

Max Fraad Wolff , freelance researcher, strategist, and writer in the areas of international finance and macroeconomics. Max’s work can be seen at the Huffington Post, The AsiaTimes, Prudent Bear, SeekingAlpha and many other outlets.

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