Civil Liberties, Supreme Court, Surveillance, Torture, Truth to Power
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Muhammad Salah Cleared Of Federal Charges
For more than a year, Law and Disorder has followed the case of Muhammad Salah and co-defendant Abdelhaleem Ashqar. In a major victory both were recently acquitted on charges that they engaged in a “racketeering conspiracy” to provide support to the Palestinian organization Hamas in the early 90s. The two were convicted of several lesser charges unrelated to terrorism. Salah says his confession to Israeli Security agents was false and the end product of 53 days in custody, during which Salah’s lawyers say he was tortured. He was kept awake, beaten and forced to sit in excruciating positions for long periods of time.
Guest – Michael Deutsch from the People’s Law Office in Detroit. Mr. Deutsch says this verdict is a significant breakthrough in that the jurors were not swayed by government attempts to apply the terrorism label without adequate evidence.
Dear listeners to send letters of support – Please make them out to the Honorable Amy J. St. Eve Addressed to: Michael Deutsch People’s Law Office 1180 N. Milwaukee Chicago, IL 60622
Coerced confessions based on torture are at the center of many cases discussed on this program. From French revolutionary Henri Alleg to the recent victory in the Muhammad Salah case in Chicago. Black Panthers were no exception, in the early seventies eight former Black Panthers were arrested in California, New York and Florida on charges related to the 1971 killing of a San Francisco police officer. Two men charged have been held as political prisoners for over 30 years ? Herman Bell and Jalil Muntaqim are both in New York State prisons. But a judge tossed out the charges, finding that Taylor and his two co-defendants made confessions after police in New Orleans tortured them for several days employing electric shock, cattle prods, beatings, sensory deprivation, plastic bags and hot, wet blankets for asphyxiation.
Guest – attorney Bob Bloom speaks on new developments in the case.
To hear the voices of Harold Taylor, John Bowman and Hank Jones describe how they were tortured visit the Listening Library and scroll down here the event from March 2006 at the Riverside Church sponsored by the Center for Constitutional Rights.
US Government Not Allowing Families of Cuban Five Prisoners Visitation
Amnesty International calls for temporary visas to be granted to two wives of the ‘Cuban Five’
In the past month several legal developments have occurred in the case of the Cuban Five. In January the defense argued four key issues in a supplement brief. Those issues are: first, the conspiracy to commit murder charge should be discharged; second, the conspiracy to espionage should be reversed for insufficiency of evidence; third, the sentencing on the espionage charges were grossly out of line with existing law; and forth, the prosecution committed misconduct. Finally application of the Classified Information Procedures Act provisions was wrong in this case. Here’s the situation: If the two judges can’t agree, the chief judge of the 11th Circuit appoints a third judge to join in the decision-making. You must have two judges in agreement in order to have a valid decision by the appellate court. If the two judges agree, however, that’s the end of it. For more information visit They Will Return.
Guest – Leonard Weinglass, lawyer for Antonio Guerrero, to talk about yet an additional aspect that has plagued the case since the five were incarcerated: the US government’s failure to allow families to visit the Five.
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Jimmy Carter’s Recent Book – Palestine: Peace Not Apartheid – Drawing Criticism
With the release of former President Jimmy Carter’s new book, Palestine: Peace Not Apartheid, controversy has arisen about the use of the word “apartheid” to describe the occupied Palestinian territories. The contention is that Carter begins with the premise, “inside Israel there is equality while in the occupied Palestinian territories there is not.”
Guest – Jamil Dakwar, a former senior attorney with Adalah: The Legal Center for Arab Minority Rights in Israel.
Just as the US and Europe once opposed apartheid in South Africa, Israel’s discrimination against Palestinians must be similarly exposed and dismantled. – – Read Jamil Dakwar’s commentary It’s Simple Apartheid.
Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Torture, Truth to Power
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Guantanamo – Five Years
January 11th marks five years of detainment for the more than 400 people at Guantanamo. For the full hour, Law and Disorder co-host and President of the Center for Constitutional Rights, Michael Ratner takes listeners through the history and chronology of the US involvement at the Guantanamo Bay detainment camp. Michael Ratner begins with the US acquiring the 4500 square mile base near a harbor at the southeastern end of Cuba.
Guantanamo – A Law Free Zone – Haitian Camps – Read more
In the last quarter of the 20th century, the Guantanamo Bay Naval Base was used to house Cuban and Haitian refugees. In the early 1990s, it held refugees who fled Haiti after military forces overthrew democratically elected President Jean-Bertrand Aristide. These refugees were held in a detainment area called Camp Bulkeley until United States District Court
Storming The Court – We hear a clip from an interview with attorney and author Brandt Goldstein. Before Guantanamo Bay, Cuba became notorious for its human rights violations against Muslims, it was the holding center for thousands of HIV-positive Haitian refugees. More than ten years ago a team of Yale law students and activists took up this cause. They worked victoriously to stop the US government from detaining these refugees indefinitely at Guant?namo, without charges or access to counsel.
David Hicks – Australian prisoner held at Guant?namo Bay, Cuba. He’s been detained for more than five years as an “unlawful combatant” and thus, it was claimed, outside the normal protections of U.S. law and those provisions of the Geneva Conventions which are specific to soldiers of an official military organization. His trial before a U.S. military commission was due to begin in November 2005. However, proceedings were cancelled following the Supreme Court Hamdan v. Rumsfeld ruling invalidating the constitutionality of the commission process.
Bounty Hunter – U.S. PSYOPS distributed flyers and leaflets
How did prisoners get to Guantanamo?
Many Guantanamo prisoners were rounded up by bounty hunters and sold to the U.S. It’s unknown how many were victims of being in the wrong place at the wrong time. In the days during and following the Afghan invasion, the U.S. military blanketed parts of Afghanistan and Pakistan with flyers encouraging people to turn in suspects, in return for large sums of money. “Get wealth and power beyond your dreams,” read one flyer. “You can receive millions of dollars helping the anti-Taliban forces catch al-Qaeda and Taliban murderers.”
See more PSYOPS leaflets/flyers here
How other prisoners arrived at GTMO
Uiger Muslims Transferred From Guantanamo To Albania – Recently, the Uiger Muslims were quietly sent to Albania to a larger compound. It was explained to Law and Disorder that in Albania, the Uigers can move about freely within the compound and cannot leave. We play a clip from the January 2006 interview with attorney Sabin Willet.
We play a clip from a Law and Disorder interview with Tausif Paracha. His Uncle, Saifullah Paracha, 58 was “kidnapped” and is detained in Guantanamo and Tausif’s cousin Uzair Paracha, 24 is detained in one of New York’s worst prisons. You can read more about this case at www.freeparachas.org
Mark P. Denbeaux – Seton Hall Report – One of most comprehensive reports of who is at Guantanamo.
Describe Guantanamo Bay, Cuba
Gita Guitierezz – attorney with the Center for Constitutional Rights defending Guantanamo Bay detainees gives listeners a first hand description of the camp.
Torture
Co-host Michael Ratner describes his experience of first learning that the US military was involved with torturing detainees. Torture, including waterboarding and sleep deprivation.
Tipton Three is the name given to three young men from Tipton, United Kingdom, who were held in extrajudicial detention for 2 years in Guant?namo Bay detainment camps
Evidence of Torture – Gita Guitierezz – in an interview last November we listen to a clip where Gita describes how her client Mohamed Mani Ahmad al-Kahtani. was sleep deprived and tortured.
Torture and Waterboarding; ancient practice – Henri Alleg, Author of The Question – We listen to a clip of Henri Alleg describing waterboarding. He was revived then brought to the brink of death, then revived again. An similar brutality and sadism often described by prisoners in Guantanamo and Abu Ghraib. Hosts Michael Ratner and Michael Steven Smith interview Henri Alleg a French journalist living in Paris. He supported Algerian independence during the French Algerian War (1954-1962). He was arrested by French paratroppers during the Battle of Algiers in June 1957 and interrogated.
Fighting back in the Courts, Congress and in the Streets
The effort to get Guantanamo closed down and to get prisoners the rights they’re entitled under International Law and the Constitution. It’s a difficult fight explains co-host Michael Ratner but the opposition is growing.
We hear clips from a demonstration against the Guantanamo Prison Camp in Herald Square and also from Amnesty International’s anti-torture rally in Portland, Oregon, recorded from interviews by co-host Dalia Hashad. Amnesty International staff members and activists who gathered to speak out, listen and share their stories.
Take Action Now – Fight Back – Thursday January 11, 2007
Witness Against Torture – Fight Back – January 11, 2007 Thursday: The 5 year anniversary of the first prisoners being brought to Guant?namo. March, Press Conference and Nonviolent Direct Action in Washington, DC. Endorsed by Center for Constitutional Rights, CodePink, Network of Spiritual Progressives, Pax Christi USA, School of Americas Watch, United for Peace and Justice and other groups such as FIDH and Reprieve.
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.
