Last week the Center for Constitutional rights directly challenged the Bush administrations’ use of torture in violation of domestic and international law and the assertion that anyone can be held indefinitely anywhere in the world on the president’s word alone. The case also challenges the 2006 Republican Congress’s attempt to clear the way with its passage of the Military Commissions Act. (Senate Bill 3930)“The precedent set in past Guantanamo Supreme Court cases—that every person detained has the right to a fair hearing, including those jailed at the detention center for almost six years—is a necessity for any country calling itself a nation under law,†CCR President Michael Ratner.This case may determine once and for all whether there is a constitutional right to habeas corpus – that is, a fair hearing before a real court – for everyone detained by the U.S. government at Guantánamo.
Earlier this year Law and Disorder covered the case of Dr. Catherine Wilkerson. Police used excessive force when they attacked peaceful protestors who rallied at a University of Michigan event sponsored by the American Movement for Israel. As the senior medical professional on scene, Dr. Catherine Wilkerson took responsibility for the well-being of a middle-aged man who claimed he couldn’t breath and lost consciousness. She exhorted the police to get off of him, and was allowed to check his pulse and breathing.Wilkerson later protested when Emergency Medical Service (EMS) personnel breached ethical medical practices by forcing ammonia into the man’s nostrils and face. It was at this time that she was physically assaulted and detained by Ann Arbor police.No charges were filed until after Dr. Wilkerson wrote a complaint to authorities about the actions of the police officers. A week since writing the letter, Dr. Wilkerson was charged by the Washtenaw County Prosecutor Brian Mackie’s office, at the request of the UM police, with two attempted felonies—one against Officer Warner and one against the EMS personnel. Check out Counter Punch article.
Guest – Dr. Catherine Wilkerson,a physician who practices primary care at a clinic in Ann Arbor that providing care to underserved members of the community.
Today we welcome back author and journalist Adam Hochschild to talk with us about his recent book Bury the Chains. The book takes the reader back to the late 18th century when a small group of Englishmen put forward the radical notion that slavery was wrong.They proposed that Enlightenment ideals of equality and liberty should extend to African slaves held in British colonies.
Vote down the Attorney General Nomination of Judge Michael Mukasey.
“Michael Mukasey professes ignorance as to whether water-boarding is a form of torture unless he knows “the actual facts and circumstances” of its use. The “facts and circumstances” of water-boarding are quite straightforward. When a person is water-boarded, their head is held under water until the person begins to involuntarily “inhale” water. At that point, the victim is certain they will drown if not allowed to get air. It is a technique from the Spanish Inquisition and illegal under international and domestic law. Instilling fear of imminent death as an interrogation technique is the very essence of torture, and no amount of legal analysis can come to any other conclusion.” Read full CCR Press Release.
Recently, the Foreign Affairs Committee of the U.S. House of Representatives took a major step toward ending U.S. complicity in Turkey’s denial of the Armenian Genocide. Despite an intense campaign of threats and intimidation by the Turkish government and its lobbyists in Washington, DC the Committee adopted HR 106, the Armenian Genocide Resolution.
Introduced on January 30, the resolution calls on the President to ensure that the foreign policy of the United States reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the United States record relating to the Armenian Genocide.
One day after the House Foreign Affairs Committee approved the resolution, 27-21, Turkey withdrew its ambassador for consultations, and Turkish legislators on October 17 authorized the use of military force against Kurdish rebels in northern Iraq, a step that may further destabilize Iraq and disrupt oil supplies. Despite overwhelming evidence documenting the Genocide, the Republic of Turkey continues to pursue a well-funded campaign – in Washington, DC and throughout the world – to deny and ultimately erase from world history the 1.5 million victims of Ottoman Turkey’s and later the Republic of Turkey’s systematic and deliberate massacres and deportations of Armenians between 1915 and 1923. According to the International Association of Genocide Scholars, the historical record on the Armenian genocide is quote – unambiguous.
Since 1982, successive U.S. Administrations, fearful of offending Turkey, have effectively supported the Turkish government’s revisionism by opposing passage of Congressional Armenian Genocide resolutions and objecting to the use of the word “genocide” to describe the systematic destruction of the Armenian people.
Hosts Michael Ratner and Michael Steven Smith interview Henri Alleg for the first half hour. Alleg, a French journalist living in Paris, supported Algerian independence during the French Algerian War (1954-1962). He was arrested by French paratroopers during the Battle of Algiers in June 1957 and interrogated.
Henri Alleg describes to Law and Disorder hosts in this exclusive interview how he was questioned hung from his feet and tortured with a similar brutality and sadism often described by prisoners in Guantanamo and Abu Ghraib. Alleg’s republished book The Question is a moving account of that month of interrogation and his triumpj over his torturers. Jean-Paul Sartre has written the preface that remains a relevant commentary on the moral and political effects of torture on the both the victim and perpetrator.
Guest – Henri Alleg, a French-Algerian journalist, director of the “Alger républicain” newspaper, and a member of the French Communist Party. After Editions de Minuit, a French publishing house, released his memoir La Question in 1958, Alleg gained international recognition for his stance against torture, specifically within the context of the Algerian War.
James Lafferty is currently the Executive Director of the National Lawyers Guild in Los Angeles and host of The Lawyers Guild Show, a weekly public affairs program on Pacifica radio station KPFK, 90.7 FM.
He has served as a chief officer of, and spokesperson for, various national anti-war coalitions, including the National Peace Action Coalition, the anti-Vietnam War coalition that organized the largest protests during that war; the National Coalition for Peace in the Middle East; and, the National Campaign to End U.S. Intervention in the Philippines. In the ‘60s and ‘70s, his law firm, Lafferty, Reosti, Jabara, Papakian & Smith, represented virtually all of the left political movements in and around Detroit, Michigan, during which time he became one of this nation’s leading experts on Selective Service law and military law.
In the early ‘80’s, Mr. Lafferty founded and chaired the largest A.C.L.U. Chapter in the State of Michigan. In New York City, in the late 80’s and early ‘90s, he traveled the world organizing on behalf of the labor rights of merchant seafarers. During this time he also taught a course at the New School for Social Research, entitled, Vietnam: The War at Home and Abroad. More recently, he was the Coordinator of the L.A. Coalition to Stop the Execution of Mumia Abu-Jamal, as well as a member of the national steering committee of the Campaign to Stop the Execution of Mumia Abu-Jamal.
He currently serves on the Board of the L.A.-based Office of the Americas and on the steering committee of the anti-war coalition, International ANSWER/L.A. Mr. Lafferty has recently been elected as a Fellow of the L.A. Institute for the Humanities, at the University of Southern California.
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Government Aims to Block Accountability for Illegal Spying on Americans
The law effectively removes oversight for spying from the Foreign Intelligence Surveillance Act Court or FISA court and leaves it up to the Executive Branch to monitor itself, with Attorney General Gonzales having the primary responsibility for oversight. The arguments are being heard at the Ninth Circuit Court of Appeals in San Francisco
In our ongoing coverage of racial profiling and religious bias since 9/11, we go now to look at a case that ended in a big verdict for an employee who was fired for wearing a head scarf. Recently, a federal jury in Phoenix awarded more than 280 thousand dollars in a religious discrimination suit against Alamo Car Rental. The suit was brought by U.S. Equal Employment Opportunity Commission. Alamo Car Rental was charged on a post-9/11 backlash discrimination based on religion.
The case involved Bilan Nur, a woman of Somali descent who was let go from her customer service position in December 2001 after the Alamo car rental office she worked at in Phoenix refused to let her wear a headscarf to work.
Guest – Valerie Meyer, EEOC Attorney in Phoenix, Arizona.
Recently, the U.S. Court of Appeals for the Second Circuit ruled that former Attorney General John Ashcroft and FBI Director Robert Mueller may be sued from ethnic and religious discrimination after 9/11. Former detainee, Javaid Iqbal was among the hundreds of muslims rounded up after 9/11 being held in maximum security conditions after they were identified as being of high interest to the investigation.
Iqbal, a Pakistani Muslim, was arrested at his Long Island home on Nov. 2, 2001, and was charged with nonviolent federal crimes unrelated to terrorism. Two months later, he was moved to the Metropolitan Detention Center in Brooklyn, where he was held in solitary confinement for more than 150 days without a hearing, his lawsuit alleged.
The 2nd U.S. Circuit Court of Appeals in Manhattan recently recognized that Iqbal had the right not to be subjected to needlessly harsh conditions of confinement, the right to be free from the use of excessive force and the right not to be subjected to ethnic or religious discrimination.
Stanley Aronowitz – Distinguished Professor of Sociology at CUNY Graduate Center. He is Director of The Center for the Study of Culture, Technology and Work. He is also the Founding Editor of Social Text and Situations, was Book Review Editor of Social Policy, and serves on the Editorial Board of Ethnography; Cultural Critique. He has authored and edited 24 books, the most recent being Left Turn: Forging a New Political Future.
Laura Flanders is the host of “RadioNation” heard on Air America Radio . She is the author most recently of Blue Grit: True Democrats Take Back Politics from the Politicians and also BUSHWOMEN: Tales of a Cynical Species, an investigation into the women in George W. Bush’s Cabinet.
Agent Orange, named for the stripes on the barrels that contained it was used to kill the vegetation that hid Viet Cong and North Vietnamese Army unites. It was found to be contaminated with the highly toxic substance, dioxin.
Veterans who believed they and their families had suffered from exposure to Agent Orange sued. In 1984, seven of the chemical companies settled for 180 million dollars but without accepting liability.
Whatever the technical merits of Weinstein’s rulings, a dismissal without a trial is not a suibable outcome. A full trial, with all the scrutiny it can bring to bear on this question, would be a far more preferable closing act to this sad story, both for the American veterans and the Vietnamese civilians.
As the legal struggle continues, there have been bits of progress on cleaning up the mess. Though Washington recognizes some maladies as associated with Agent Orange and does pay some compensation, its contribution to alleviating the problem in Vietnam had been minimal until recently.
We hear the voices from those at the rally sponsored by Vietnam Agent Orange Relief and Responsibility Campaign. Many activists gathered outside the Federal Court to show their support during the oral arguments against the dismissal of lawsuit against companies (Dow, Monsanto) who profited from manufacturing these chemical weapons.
Co-host Michael Smith talks with our own Heidi Boghosian about her recent trip to Cuba and involvement with the defense of the Cuban Five. Heidi will be writing about her meetings with those in Cuba also working on the defense and support of the Cuban Five. An effort to counter the media blackout on this important story. Michael and Heidi also mention the recent news about the release of alleged terrorist Posada Carriles.
Cuban Five background: Five courageous men who uncovered information about plans by anti-Cuban terrorists to commit acts of violence against that island nation. After the Cuban government turned over voluminous documentation of such plans, the five were indicted and tried in Miami on unfounded charges of conspiracy to commit espionage all without one page of evidence to corroborate such charges. The Cuban Five have been imprisoned for 8 years in maximum security facilities spread out across the United States. They’re in such remote locations that even visits from their attorneys are difficult.
In the National Lawyers Guild quarterly magazine, Guild member Cynthia Feathers and her sister Susan, put together a collaborative work describing how the system of the Great Law within the Iroquois Confederacy is a blueprint of the current two houses of US government. The Feathers sisters describe that between 1000 and 1450, the Cayuga,Mohawk, Oneida, Onondaga, and Seneca Nations came together to become the Iroquois Confederacy, and in the early 18th century they were joined by the Tuscaroras.
If the two houses agreed, the Onondaga would implement the unanimous decision, unless they disagreed with the decision and referred the matter back to the Council. Sound familiar? By 1988, the 100th U.S. Congress passed a concurrent resolution acknowledging the contribution of the Six Nations of the Iroquois Confederacy to the development of the U.S. government.
Here on Law and Disorder we have focused a lot of attention to civil liberties and human rights. Today we’re going to look at pending ecological catastrophe from over-fishing. We have with us author and professor Bruce Franklin, author of many books including The Most Important Fish in the Sea: Menhaden in America. In this Island Press publication, Franklin details how critical this fish is to the survival marine ecosystems.
