Law and Disorder July 14, 2008

Hosts Update:

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Abu Ghraib Torture Lawsuits Target Military Contractors in US Courts.

Four former Abu Ghraib detainees are suing two U.S. military contractor corporations and three individual contractors. The four were wrongly imprisoned, tortured and later released without charge. According to the complaints, the defendants abused detainees physically and mentally and then destroyed documents, videos and photographs; prevented the reporting of the torture and abuse to the International Committee of the Red Cross. They actually hid detainees and other prisoners from the Red Cross; and misled non-conspiring military and government officials about the state of affairs at the Iraq prisons.

The defendants are CACI International Inc. and CACI Premier Technology, Inc., of Arlington, Va.; L-3 Services Inc., an Alexandria, Va.-based division of L-3 Communications Corp. and three individual contractors, Adel Nakhla, of Maryland, Timothy Dugan, of Ohio, and Daniel Johnson, of Seattle.

Guest – Attorney Susan Burke with Burke O’Neil LLC.

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ACLU To Prevent Deportation Of Egyptian To Torture

The American Civil Liberties Union and ACLU of Pennsylvania challenged the government’s efforts to deport an Egyptian torture victim of Sameh Khouzam. The government claims to be relying on unreviewable “diplomatic assurances” from Egypt that it will not torture him upon his return. Last January, in the first decision of its kind, a federal district court sided with the ACLU and ordered the government to stop the deportation of Sameh Khouzam based on such secret and unreliable promises and release him under conditions of supervision.

However, the Bush administration appealed this ruling, claiming that the executive branch has unfettered authority to deport Khouzam and to detain him indefinitely pending his legal proceedings. Khouzam, a Christian who came to the United States in 1998 fleeing religious persecution in Egypt and a charge of murder, was granted protection from deportation under the Convention Against Torture (CAT) in 2004. This after a federal appeals court found that he would likely be tortured if sent back to Egypt.

Guest – Lee Gelernt, senior staff attorney with ACLU who is working on Sameh’s case.

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US Soldiers Lose Haven in Canada

Last week, Courage to Resist, Veterans for Peace, and Project Safe Haven took to the streets of major US cities in a national day of action. Recently, the Canadian Federal Court sided for the first time with a US war resister, disagreeing with the Immigration and Refugee Board decision and ordering a re-hearing for military deserter Joshua Key, his wife Brandi, and their four children.

Josh Key moved to Canada during a 2 week leave from the Army. On July 4th, 2008, Joshua Key won a Federal Court appeal thus forcing the Refugee board to re-examine his asylum claim of conscientious objector and Iraq war veteran. The court ruled that Key had been forced to systematically violate the Geneva Conventions as part of his military service in Iraq and that such misconduct amounts to a legitimate refugee claim.

In another case, former National Guard soldier Corey Glass of Fairmount Indiana is facing deportation from Canada. He was recently told that his application to stay in Canada for “humanitarian and compassionate” reasons has been rejected. This, as Pentagon officials suggest he has been discharged and the U.S. Army is not seeking to persecute Glass. But Glass’ lawyer, Alyssa Manning of Parkdale Legal Community Services, says the reports are untrue. Manning says quote “He would be a felon, he’d be criminally inadmissible to Canada; he’d potentially be imprisoned as well as subjected to non-traditional punishment such as ‘hazing’ (within the military)

Canada: Abide by resolution – Let U.S. war resisters stay!


Guest – Matthis Chiroux with Iraq Veterans Against the War.

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Law and Disorder June 16, 2008

Updates: Landmark Win: Guantánamo Detainees Have Constitutional Right to Habeas Corpus


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Federal jury awards $6.2 million in Taser death lawsuit

Here on Law and Disorder we’ve talked with many guests on the dangers of Taser stun guns. Recently Taser International Inc., the largest stun-gun maker, lost a $6.2 million jury verdict over the death of a California man who died after police shot him multiple times with the weapon. A San Jose, California jury says that Taser failed to warn the police of Salinas, California that prolonged exposure to Tasr’s electric shock could cause a risk of heart attack. The 40 year old victim Robert Heston died February 20, 2005 after his father had called Salinas police because his son was “acting strangely,” and seemed to be on drugs, according to the lawsuit complaint.

This is the first defeat for Taser International in a product-liability claim. Though, a product liability claim, another issue of concern is how police abuse and torture people indiscriminately with tasers.

  • Nearly 400 people in the United States have been killed in Taser-related deaths in the past 7 years.
  • Stun guns are already widely abused on people who take too long to pull out ID, who are loud in public, elderly, disabled or in the wrong place at the wrong time.
  • Medical examiners are afraid to rule Tasers as the primary or contributory cause of death out of fear of retribution. In meetings with coroners, Taser International has actually threatened to sue if stun guns are cited on death certificates.
  • Taser International has formed questionable PR ties with law enforcement. It established and funded the Taser Foundation for Fallen Officers in 2004.
  • Taser International Slogan: Saving Lives Everday

Guest: Civil rights attorney John Burton who litigated the case. Burton says there are 68 more Taser-related death cases to be litigated.

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The Cuban Five: 11th Circuit Court Upholds Convictions

We’ve been following the case of the Cuban Five for years. Last week, the 11th U.S. District Court of Appeals in Atlanta upheld the convictions of the Cuban Five who are serving long prison sentences charged with spying and conspiracy to commit murder. The Five were falsely accused by the U.S. government of committing espionage conspiracy against the United States, and other related charges.

The Five pointed out vigorously in their defense that they were involved in monitoring the actions of Miami-based terrorist groups, in order to prevent terrorist attacks on their country of Cuba. The Five’s actions were never directed at the U.S. government. They never harmed anyone nor ever possessed nor used any weapons while in the United States. The Cuban Five are five Cuban men who are in U.S. prison, serving four life sentences and 75 years collectively, after being wrongly convicted in U.S. federal court in Miami, on June 8, 2001.

Cuban Five: Gerardo Hernández, Ramón Labañino, Antonio Guerrero, Fernando González and René González.

Guest: Len Weinglass – U.S. Civil Rights Attorney and Activist

Law and Disorder May 12, 2008

Updates:

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Taking Back The Right To Dissent: The Case of the Bangor Six

Recently, jurors in the Case of the ‘Bangor Six’ brought back a decisive verdict of ‘not guilty.’ The six veterans for peace, anti war protesters were arrested in March of last year after refusing to leave the federal building where their senator, Republican Susan Collins has her office. The six activists were among 12 that say they were protesting Bush’s proposal to increase troops in Iraq to support a military strategy known s the surge and also urged Collins to vote against continued funding for the war. Collins did not vote against funding for the war and did not meet with activists. Six of the activists were later arrested. (Collins Watch)

Now, during this trial, the jury was allowed by the judge to decide whether the defendants believed that they were not guilty in making a conscious choice to break Maine law because they thought international law was being violated. The jurors decided unanimously that the protesters did believe they had the ‘license and privilege’ to act as they did, in rendering the ‘not guilty’ verdict.

Guest – Bar Harbor attorney Lynne Williams, also with Maine Lawyers for Democracy a group of 65 Maine lawyers, calling for the impeachment of President Bush and Vice President Cheney.

List of Bangor Six – Jonathan Kreps, 57, of Appleton, Henry Braun, 77, of Wells, James Freeman, 59, of Verona, Dudley F. Hendrick, 66, of Deer Isle, Douglas Rawlings, 61, of Chesterville, and Robert Shetterly, 61, of Brooksville,
chose to go to trial. The other six pleaded guilty and paid fines.

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2008 Left Forum Opening Plenary: Adam Hochschild and Naomi Klein

We go now to hear two speeches from this year’s Left Forum Opening Plenary from author/ professor Adam Hochschild and writer/ filmmaker Naomi Klein author of The Shock Doctrine. The Left Forum was titled Cracks In The Edifice. The many panels at the 2008 Left Forum addressed and challenged the current economic and political catastrophes in the United States and discussed possibilities for social movements to build better world in its place.

We’ve interviewed Adam previously on Law and Disorder about his books, King Leopold’s Ghost and Bury The Chains: Prophets and Rebels in the Fight to Free an Empire’s Slaves. He’s the co-founder of Mother Jones magazine and teaches at the Graduate School of Journalism at the University of California Berkeley. In his speech Hochschild uses the ideas of early activism to abolish slavery as models for the current civil rights movement.

In her speech, Naomi Klein discusses how the lack of response in the devastation of Hurricane Katrina and the illegal wars in Iraq and Afghanistan are intentional strategies she calls “disaster capitalism.” At the 2008 Left Forum Naomi suggests that many in the United States have woken up to roughshod profiteering of disaster capitalism.

A special thank you to Lisa Rudman with Making Contact for recording the Left Forum Opening Plenary

Law and Disorder May 5, 2008

Updates:

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Operation Torch:  Heavily Armed Subway Patrols Making New York City Safer?

A couple weeks ago our own co-host Heidi Boghosian described how under cover policemen and a K9 unit were intimidating a subway rider on the platform with the dog barking viciously near his face. We’ll follow up on that story and also talk about the teams of police armed with MP5 submachine guns, body armor and bomb sniffing dogs now patrolling the subway systems of New York City. They’re called Torch Teams. Torch, an acronym for Transit Operational Response With Canine and Heavy Weapons. The teams are funded to patrol in 12 hour shifts everyday, Penn Station, Herald Square, Columbus Circle, Rockefeller Center Times Square and Atlantic Avenue in Brooklyn.

Co-host Michael Smith also commented on the use of police car convoys (photo above) that rally at ground zero and run up the FDR with lights blazing. Moore says it’s a federally funded event that acts as “window dressing” but he says, when you see police state displays such as Operation Torch and the police car convoys, know that it is only the tip of the iceberg. We’ll be investigating more on the depth of the police state in weeks to come.

Guest: Jonathan Moore, attorney with the National Police Accountability Project

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Torture and Democracy

Here on Law and Disorder we’ve taken an in depth look at torture with various authors and guests including authors Al McCoy, Marnia Lazreg and Henri Alleg. Today we speak with Reed College professor Darius Rejali, author of the book Torture and Democracy. In this book, Rejali tracks behaviors, trends and traditions that have brought torture to where we see it has emerged today. Rejali, a leading expert on government interrogation techniques, argues that torture is an ancient craft and technique passed on from teacher to apprentice.

Rejali says knowledge of the torture craft often flows both ways between colonial powers and occupied peoples. This is a powerful book filled with information on techniques. One review writes, this book lays the groundwork, torturers and their keepers may find it useful, not as an academic study but as a field manual.

Guest – Professor Darius Rejali

Law and Disorder March 3, 2008

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Civil Rights Attorney Lynne Stewart Describes Larry Davis Case

Today we welcome back civil rights attorney Lynne Stewart to discuss the recent stabbing death of Larry Davis in an upstate New York prison. Davis became known in the 80s when he was suspected of murdering drug dealers in the city. When police raided his apartment, Davis fired a pistol and shotgun from a darkened room and fled.

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After more than a two week NYPD manhunt, Davis was captured. Davis’ legal defense included Lynne Stewart and prominent civil rights attorney Bill Kunstler who provided evidence of a frame up. In a recent New York Times article chronicling Davis’ story, it was written that Davis’ defense was quote made up of assertions without evidence.

Guest – Lynne Stewart

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Film Documentary: Taxi To The Dark Side

Alex Gibney’s Taxi To The Dark Side examines the use of torture by the United States. The horrors of Abu Ghraib , Guantanamo and Bagram prisons are revealed in this movie with disturbing and ugly clarity. Law and Disorder hosts talk about the film with Al McCoy, author of A Question of Torture “A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror” Professor McCoy tells listeners about how medieval water torture exploits the Mammalian diving reflex a “death” experience hard wired into human biology. U.S. Army and CIA interrogation manuals

Guest – Al McCoy, 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.”

Law and Disorder February 25, 2008

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  • Hosts Update: Fidel Castro and Cuba in the news.

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Encore Segment: Naomi Wolf – The End of America: A Letter of Warning to a Young Patriot

Law and Disorder hosts were live in the studio with Naomi Wolf. Naomi Wolf is a feminist, social critic and political activist. The New York Times called her book, The Beauty Myth, one of the most important books of the 20th century. Wolf is the co-founder of The Woodhull Institute for Ethical Leadership, teaching young women to become leaders and agents of change. Naomi Wolf blog in the Huffington Post

Her latest book The End of America: A Letter of Warning to a Young Patriot is a call to return to the beliefs of our founding fathers. Wolf’s new book illustrates ten steps historically taken by leaders who are attempting to dismantle a democracy. Wolf jokingly called it the The Greatest Hits of Facism.

In The End of America, Wolf gives voice to the cause of every American patriot: the preservation of the Constitution and the liberties it embodies and protects.

“Recent history has profound lessons for us in the U.S. today about how fascist, totalitarian, and other repressive leaders seize and maintain power, especially in what were once democracies. The secret is that these leaders all tend to take very similar, parallel steps. The Founders of this nation were so deeply familiar with tyranny and the habits and practices of tyrants that they set up our checks and balances precisely out of fear of what is unfolding today. We are seeing these same kinds of tactics now closing down freedoms in America, turning our nation into something that in the near future could be quite other than the open society in which we grew up and learned to love liberty,” stated Wolf.

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Servants of Wealth: The Right’s Assault on Economic Justice

“Freedom and democracy” are two words we’ve been hearing from the right wing in this country for 25 years. In their quest to shore up support for the politics of wealth and privilege, the Right has organized patiently and consistently by focusing on a core ideology to amass a formidable base. The Right’s commentary on world affairs, morality, the state, and the economy, though, has had an overarching focus, namely to eliminate social equality as a legitimate public policy goal. Its success has resulted in one of the most dramatic, undemocratic, and insidious transfers of wealth and power in recent American history.

Guest – John Ehrenberg, author of the book “Servants of Wealth: The Right’s Assault on Economic Justice.” A professor of political science at Long Island University, in this, his third book, critically analyzes the rise of an ideologically coherent Right. He dissects their themes of military weakness, moral decay, racial anxiety, and hostility to social welfare to reveal their central organizing objective of protecting wealth and assaulting equality.

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