Civil Liberties, Guantanamo, Supreme Court, Truth to Power
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Happy New Year from Law and Disorder – Co-host Michael Ratner delivers update on the state of the new US Congress, the Iraq War and Guantanamo.
Venezuelan Election Observers
Ming Alterman, Ellen Meyers and Supreme Court Justice Gustin Reichbach have returned from Venezuela after observing December 3rd elections where voting machines actually print out a paper receipt. The last report from CNE, National Electoral Council from Venezuela at gave Venezuelan President Hugo Chavez Frias the victory with 61.35% of the total counted so far, 75.3%. His counterpart, Manuel Rosales have received 38.39%.Shortly after the partial results were given, Hugo Ch?vez showed up in the Balc?n del Pueblo (The People’s Balcony) in the presidential palace to celebrate his victory and address his followers.
Ming Alterman – Latin American Scholar
Supreme Court Justice Gustin Reichbach – Evaluated whether elections were free and fair; that is whether the election produced an outcome expressing the will of the Venezuelan people.
Ellen Meyers is a founder and senior vice president of Teachers Network, a non-profit organization–by teachers, for teachers–with a 25-year track record of success, dedicated to improving student learning in public schools nationally and internationally. Ellen has written numerous articles that have appeared in major media outlets and has presented at conferences across the country. She has been a newspaper columnist, film producer, political campaign manager, election monitor, community board member, and foundation and federal grants advisor. She has a weekly radio show on WHCR, Harlem Community Radio.
Spoken Word Performance – Katrina
Professor Louie and Fast Eddie deliver a powerful spoken word performance on the devastation of Katrina. These Brooklyn natives poets/musicians weave stream of consciousness style prose with conga. They performed live in the studio at WBAI. To order CDs by Professor Louie and Fast Eddie – call Free Brooklyn Now at 718-768-8728
Uneven Distribution of Wealth?
Michael Smith talks with Professor Rick Wolff, formerly the head of the Economics Department at the University of Massachusetts and currently the NASDAQ professor of Economics at the New School University and Catherine Albisa Executive Director of the National Economics and Social Rights Initiative – NESRI. Albisa is also an attorney specializing in the implementation of human rights standards in the United States. She is the former director of the Human Rights in the US program at the Center for Economic and Social Right and was the Associate Director of the Human Rights Institute at Columbia Law School.
Both guests discuss their reactions to and the implications of the recent 16.2 billion dollar bonus that the investment banking house of Goldman Sachs announced just before Christmas.
More than $50 million went to the Goldman Sachs Chairman alone. Pfizer, the drug company, paid a “severance package” of $200 million to its just-resigned chief executive. Many other large corporations acted similarly. All this is legal, given the laws and rules that corporations win from their political “allies.” Indeed, the latest ruling by the Securities and Exchange Commission (SEC) allows corporations to obscure what they pay top executives (the New York Times, December 27, 2006, page C1, called it “a victory for corporations”).
Read Story Here by Professor Rick Wolff. More stories – here and here.
Civil Liberties, Guantanamo, Supreme Court, Torture, Truth to Power
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Co-hosts Dalia Hashad and Michael Ratner discuss the Hamden Case, the Military Commissions Act of 2006 and Habeas Corpus.
Download/Listen to this segment [15 MB]
Lt. Ehren Watada, the First Commissioned Officer Refuses Iraq Deployment Orders
Lieutenant Ehren Watada is the first commissioned officer to publicly refuse to deploy to what many believe a historic illegal war in Iraq. He is a First Lieutenant in the United States Army, a member of the 3rd Brigade, 2nd Infantry Division Stryker Brigade Combat Team, who in June 2006 publicly refused to deploy to Iraq, saying that he believed the war to be illegal and that it would make him party to war crimes.
Watada is charged with one count of missing troop movement and two counts of speaking contemptuously of the president. The contempt charges were dropped in November.
Recently, a US military prosecutor is seeking testimony from Truthout reporters to prove that Watada engaged in conduct unbecoming an officer, directly related to disparaging statements the Army claims Watada made about the legality of the Iraq War during interviews with Truthout. Ehren Watada faces six years in prison.
Today we speak with Carolyn Ho, the mother of Lt. Ehren Watada, the first officer to publicly refuse to serve in Iraq. Ho is on a tour throughout the country bringing awareness and garnering support for her son’s case.
We also play Lieutenant Watada’s entire speech delivered in August 2006 at the Veterans for Peace National Convention. Just as Watada took the stage and began to speak, more than 50 members of Iraq Veterans Against the War filed in behind him. Watada, surprised by the support, draws a deep breath and begins his speech.
Communities Reeling From Police Shooting “Massacre”
Tens of thousands of protesters silently marched down Manhattan’s Fifth Avenue Saturday as seasonal shoppers looked on. Many held banners and called for the resignation of New York City Police Commissioner Ray Kelly. All of this protesting the fatal police shooting of 23-year-old Sean Bell last month on his wedding day. Bell’s friend and fellow shooting victim Trent Benefield led the march in a wheelchair pushed by the Rev. Al Sharpton.
The death of unarmed Sean Bell, killed by undercover police in a hail of 50 bullets in Queens, New York outraged communities and sent shockwaves through the country. As the investigations into the case proceed, the fallout from the shooting raise new questions about racial profiling and stirred distrust among police and minority communities.
Guest – Roger Wareham attorney and political activist for nearly three decades. He’s a member of the December 12th Movement, organizing in the Black and Latino community around human rights violations, particularly police brutality.
Committee on the Elimination of Racial Discrimination (CERD) – This Convention against Racial Discrimination commits States parties to change national laws and policies that create or perpetuate racial discrimination and aims, among other things, to promote racial equality, which allows the various ethnic groups to enjoy the same social development. The Convention against Racial Discrimination defines racial discrimination as: “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”
Civil Liberties, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Hosts Michael Ratner and Heidi Boghosian list some positive developments in detentions and the US government’s racial profiling of Muslims. Guantanamo Bay detainees are nearing a fifth year of being kept in cages despite the Center for Constitutional Rights winning two Supreme Court cases. By January 11th, 2007, most of the 460 men in Guantanamo Bay detainment camp, Cuba will have been detained five years as the Bush administration insists in holding them without trial. Among the detainees held for five years – David Hicks – an Australian citizen.
From the Washington Post – “It is often said that ‘justice delayed is justice denied.’ Nothing could be closer to the truth with reference to the Guantanamo Bay cases,” U.S. District Judge Gladys Kessler of Washington D.C. wrote in a ruling Friday, spurning the Pentagon’s attempt to deny Bisher Al Rawi, another Afghan man held at Guantanamo, from representing his friend Al Razak. Read story here.
Gladys Kessler – “The Petitioner . . . identifies the legal, cultural, and psychological isolation in which the detainee exists which demonstrate his inability to challenge the legality of his detention. They are as follows: He is a resident of Afghanistan. He has had virtually no contact with the news media or any word from outside the closed Guantanamo prison system for over 3 years. He has had no contact with his friends or family members outside Guantanamo. He is unfamiliar with the United States Court System. He does not speak English.He likely does not know what the term Habeas Corpus means. He has no criminal charges against him.”
Brandon Mayfield update – wrongly arrested by FBI agents after the 2004 Madrid terrorist bombings, has settled his lawsuit against the U.S. government for $2 million. Read story here.
Eric Schlosser on the United States Prison System
We’ve covered in depth on Law and Disorder the US run prison industry abroad, from Guantanamo Bay prison, Cuba, Bagram prison in Afghanistan and Abu Ghraib in Iraq. These are the exports of one of the most highly profitable businesses in the United States. The prison industrial complex in this country has reached record breaking occupancy. Nearly 2.1 million Americans are behind bars, the majority of them nonviolent offenders, they’re usually poor, many have substance abuse problems and many have are mentally ill. This according to exhaustive research by Fast Food Nation author Eric Schlosser who spoke at Bluestockings Bookstore in New York about his compendium on the American Prison system.
Law and Disorder caught up with Eric during this talk and we listen to an excerpt of his one hour speech. In his talk he warns our society of the perils of a profit driven penal system and backs his research with well-documented facts and staggering statistics.
Radio Frequency Identification – Spychips
Here on Law and Disorder we’ve brought you stories about Radio Frequency Identification, a technology that uses tiny computer chips smaller than a grain of sand to track items at a distance. RFID “spy chips” have been hidden in the packaging of Gillette razor products and in other products you might buy at a local Wal-Mart, or Target – and they are already being used to spy on people. Some of the world’s largest product manufacturers have been working behind closed doors since 1999 to develop this technology. They plan to use these remote-readable chips to replace the bar code.
Each tiny chip is hooked up to an antenna that picks up electromagnetic energy beamed at it from a reader device. When it picks up the energy, the chip sends back its unique identification number to the reader device, (which can be located anywhere!) allowing the item to be remotely identified. Spy chips can beam back information anywhere from a couple of inches to up to 20 or 30 feet away.
Guest – Liz McIntyre, co-author of Spychips:How Major Corporations and Government Plan to Track Your Every Move with RFID
Photo from double RFID implantee Amal Graastra.
Recent Legislation – SENATE BANKING COMMITTEE MEMBER DENOUNCES “NO-SWIPE” CREDIT CARDS
A member of the Senate Banking Committee denounced RFID “no-swipe”credit cards at a press conference Sunday. Senator Charles Schumer (D-NY) said contracts for the cards should have warning boxes disclosing “the known weaknesses of the technology.” He cautioned cardholders about their vulnerability to identity thieves, commenting you “may as well put your credit card information on a big sign on your back.”
“No-swipe” or “contactless” credit cards contain RFID microchips that communicate account information silently and invisibly by radio waves. These microchips have earned the nickname “spychips” because the information they contain can be read without an individual’s knowledge or consent.
While Congress is just waking up to the dangers of RFID technology, privacy and civil liberties organizations have been sounding the alarm for years.
Civil Liberties, Death Penalty, Supreme Court, Truth to Power
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Laying the Foundation of a Police State – Part 4 – Iraq
Since the summer of 2004, Law and Disorder has brought Pacifica listeners the voices of activists, authors and attorneys from the front lines.
We’ve examined in a four part radio series, the foundation for what many view as a police state in the United States. In this series we’ve talked with guests about the post 9/11 blueprint of a police state build up and how the nefarious turn to war, the use of torture and the domestic propagation of fear unfolded.
We have examined at length topics such as torture, domestic surveillance, criminalizing dissent, racial profiling, indefinite detentions and the destruction of constitutional rights as vital information to bring an understanding to listeners as to how it happened and where we go from here.
In this fourth part of the series we look at the unjust and illegal war in Iraq.
We believe that taken together, the four-part series chronicle the events, policies and legislation that have shaped a police state in the United States. Law and Disorder calls attention to this emergence by bringing you the voices of strength and opposition from activists, authors and attorneys who are well informed, not silent and standing up against the strangling of democracy.
Iraq: The Logic of Withdrawal
Law and Disorder invite Anthony Arnove back to talk more about his book Iraq: The Logic of Withdrawal, and discuss how is it possible to end the occupation in Iraq. Hosts look at the intentionality of stirring up an unnatural conflict among the Sunnis, Kurds and Shiites and later pull back to discuss the larger picture and draw comparisons to the anti-war movement during the Vietnam conflict.
Guest – Anthony Arnove, author of Iraq: The Logic of Withdrawal, He his also the editor, with Howard Zinn, of Voices of a People’s History of the United States (Seven Stories), the long-awaited primary-source companion to A People’s History of the United States.
Active Duty Anti-War Activist
Jonathan Hutto works and lives on a Norfolk, Virginia based aircraft carrier, the Theodore Roosevelt. Hutto strongly opposes the Iraq war. Supported by antiwar military family and veterans organizations, Hutto and a handful of other service members created a Web site called An Appeal for Redress. This site allows active-duty and reserve troops to e-mail their representatives in Congress for U.S. withdrawal from Iraq. Their message: “Staying in Iraq will not work and is not worth the price. It is time for U.S. troops to come home.” Anti-War Link – Citizen Soldier
The Case of Mohammad Munaf
US citizen Mohammad Munaf has been convicted of a death penalty crime involving his alleged connection with 3 kidnapped Romanian journalists in Iraq. It’s reported that there is little to no evidence against him in this case. Law and Disorder talk with Jonathan Hafetz who with others are trying to make a last ditch effort for appeal to keep Mohammad from being turned over to the Iraqis where it’s likely he will be executed. Originally from Iraq, Munaf immigrated to the United States and became a U.S. citizen in 2000 and in the following year he immigrated to Romania with his wife and three children. . . read more about Mohammad Munaf
Update – The Supreme Court has turned down Mohammad Munaf’s appeal. The US is free to turn Munaf over to the Iraqis where he may be executed.
Guest – Jonathan Hafetz – Associate Counsel at the Brennan Center for Justice at NYU School of Law, and authored the amicus brief of British and American Habeas Corpus Scholars submitted on behalf of the Guant?namo detainees.
Civil Liberties, Supreme Court, Surveillance, Truth to Power
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Laying the Foundation of a Police State – Part III Surveillance and Criminalizing Dissent
Since the summer of 2004, Law and Disorder has brought Pacifica listeners the voices of activists, authors and attorneys from the front lines.
Last week, and in the next three weeks, we examine in a four part series, the foundation for what many view as a police state in the United States. In this series we will talk with guests about the post 9/11 blueprint of this dictatorship/ police state and how the nefarious turn to war, the use of torture and the domestic propagation of fear unfolded.
We have examined at length topics such as torture, domestic surveillance, criminalizing dissent, racial profiling, indefinite detentions and the destruction of constitutional rights as vital information to bring an understanding to listeners as to how it happened and where we go from here.
In this third part of the series we look at several key issues in the crackdown of dissent in this country including how the government has set up a terrorist database to categorize and target domestic activists. As attorneys on the front lines we bring exclusive cases of domestic surveillance of protestors. In previous shows, Law and Disorder has covered the lawsuits involving NSA wiretapping of phone calls and emails by the Center for Constitutional Rights, EFF and the ACLU. We talk with the ACLU’s Michigan Legal Director about their NSA lawsuit and recent victory
Here on Law and Disorder we’ve covered, directly and indirectly, the resurgence of domestic surveillance since the events of September 11. We’ve seen how the government has loosened restrictions on spying on political activists, both locally and nationally. We’ve seen how this administration has exploited the term “terrorism” to justify a host of insidious and often unlawful practices, from engaging in mass arrests of peaceful protesters in order to collect information about their political affiliations, to categorizing and labeling individuals based on their ideologies, to assembling all this information into a comprehensive terrorism watch list called the Terrorist Screening database.
Co-host Michael Ratner, President of the Center for Constitutional Rights recently returned from Berlin after filing a 380 page complaint in German against former Secretary of Defense Donald Rumsfeld and other Bush Administration officials with war crimes. Read the CCR complaint – documents.
List of International Stories on Google News
NSA’s massive wiretapping program.
Hosts discuss recent Michigan ACLU lawsuit victory against NSA spying.
In the first federal challenge ever argued against the Bush administration’s NSA spying program, U.S. District Court Judge Anna Diggs Taylor rules that the program to monitor the phone calls and e-mails of millions of Americans without warrants is unconstitutional. Calling for a halt to this abuse of presidential power, Judge Taylor states that “there are no hereditary Kings in America and no powers not created by the Constitution,” so all the president’s “inherent powers” must derive from the Constitution.
Guest – Michael J. Steinberg has served as the legal director of the American Civil Liberties Union of Michigan since 1997 where he has worked on numerous high-profile impact cases on a wide range of civil liberties and civil rights issues. He has served as co-counsel on several post-9/11 cases including: the successful Detroit lawsuit challenging the National Security Agency’s warrantless domestic wiretapping; the challenge to Section 215 of the Patriot Act; and the successful challenge to John Ashcroft’s order closing certain immigration proceedings to the press and the public.
Brandon Mayfield Case
In May of 2004, the FBI arrested Mayfield as a material witness in connection with the Madrid bombing attacks and held him for over two weeks before releasing him. Mayfield was never charged, and an FBI internal review later acknowledged serious errors in their investigation.
Guest – Steven Wax, Federal Public Defender for Oregon. FBI apologizes to Oregon Lawyer
Tracked in America – Konstanty Hordynski
UC Santa Cruz Students Against War have turned up on a Pentagon database of protest groups, while a conference of Arab-American scholars at Stanford University was targeted by an FBI Task Force. Konstanty Hordynski, a member of the UC Santa Cruz group that was deemed a “credible threat” by the Pentagon remarked, “When I learned our constitutionally protected advocacy was included on a Pentagon list of monitored events, I was taken aback. I was saddened that the Constitution could be so easily ignored.”
Criminalizing Dissent – Law and Disorder Exclusive
National Lawyers Guild Attorney and Students Investigate Extensive Protestor Database
Today we’d like to connect some of the dots by talking about a companion database, the FBI’s Violent Gang and Terrorist Organization File, or VGTOF. The VGTOF is the Watchlist’s main source of domestic terrorist information. Among other information, the VGTOF includes names of individuals with no criminal history who are being investigated as being politically active or connected with politically active organizations. In 2002 the FBI memo stated that it will include “Anarchists, Animal Rights Extremists, Environmental Extremists, and domestic extremists. Official never have to justify the decision to place someone on the list, a list that can be accessed by virtually every law enforcement official with whom the person comes into contact.
Guests – Attorney Gideon Oliver and law students Grainne O’Neill and Mark Taylor.
Extraordinary Rendition, Supreme Court, Surveillance, Torture, Truth to Power, Uncategorized
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Update – Donald Rumsfeld Resigns
Examining the Foundation of a Police State: Tracking the Disappeared
In this second part of this four-part series, we take a look through the eyes and experiences of our guest attorneys representing “enemy combatants” indefinitely detained in this country and abroad. You’ll hear their first hand accounts of deplorable conditions and torture techniques implemented under the umbrella of twisted legislation.
Rather than setting up a narrow intelligence-based effort to prosecute the perpetrators of a criminal action, the Bush administration exploited the tragic events of 9/11 as an excuse to cast a broad net used to justify the demonization of all Muslims. This, as the use of CIA torture techniques sent shock waves rippling through the conscience of all Americans. You will get the sense of how the US government has institutionalized racial profiling, detention prisons, and torture in its fervent effort to implement the so called war on terror.
In the third part of this series we’ll look at the crackdown of dissent in this country, including how the government has set up a “terrorist” database to categorize and target domestic activists. As attorneys on the front lines we bring you exclusive cases of domestic surveillance of protestors. Our final episode will be devoted to the unjust and illegal war in Iraq. We believe that taken together, the four-part series reveals how the plans for a police state and martial law are being cemented. Law and Disorder will call attention to this emergence by bringing you the voices of strength and opposition from activists, authors and attorneys who are well informed, not silent and standing up against the strangling of democracy.
Since the attacks of September 11, 2001, the United States government has held hundreds of men at Guantanamo Bay as part of its ‘global war on terrorism.’ However, the secrecy and questions about the legality of the imprisonments have drawn concern from lawmakers, foreign governments and human rights groups. The indefinite detentions without trial are seen by many as violations of the Geneva Conventions, they inspire anti-Americanism, and infringe upon the very foundations of our civil rights.
Guest – Gita Guitierezz – attorney with the Center for Constitutional Rights defending Guantanamo Bay detainees. Gita has made more than 10 visits to Guantanamo Bay and has represented prisoners such as Mohamed Mani Ahmad al-Kahtani.
Jarallah Al-Marri
Al-Marri, a 32-year-old father of three, and Qatar citizen. He was taken into custody during an early morning raid in Pakistan in December of 2001, just months after the U.S. attack on Afghanistan. He then spent the next several weeks at the US Air Force Base in Bagram, Afghanistan. Al-Marri has since spent four years in Guantanamo Bay military prison mostly in solitary confinement. For nearly two years his only human contact has been with interrogators, prison guards and our guest Jonathan Hafetz.
Guest – Jonathan Hafetz, associate counsel at the Brennan Center for Justice at NYU School of Law. He is an expert on the history of habeas corpus. His articles and legal briefs on habeas corpus are widely cited by scholars and courts, including the U.S. Supreme Court. Mr. Hafetz’s legal practice focuses on the detention of enemy combatants and other issues of executive power.
Hafetz says Al-Marri interrogators slammed his head into a concrete wall, hit him with a 2-by-4 foot piece of wood, and forced him to remain in physically painful positions for long periods of time.
Jose Padilla
Jose Padilla was first detained in 2002 at Chicago’s O’Hare Airport after he returned from a trip to Pakistan. At the time Attorney General John Ashcroft warned the government had “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive “dirty bomb.” President Bush declared he was an enemy combatant who could be jailed in solitary confinement indefinitely without charges – even though he was a U.S. citizen. Only recently have the “dirty bomb” charges been dropped.
Guest – Andy Patel, one of the attorneys representing Jose Padilla.
