Civil Liberties, Death Penalty, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Laying the Foundation for a Police State – Part 1 – Building Blocks
Since July of 2004, Law and Disorder has brought Pacifica listeners the voices of activists, authors and attorneys from the front lines.
In the weeks to come, Law and Disorder hosts will examine in a four part series, the foundation for what many see as a police state in the United States. In this series they 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.
Law and Disorder hosts have covered 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 first series, the hosts begin with a look back at where they were on the day of September 11th, and how the Patriot Act was pushed through the Legislature immediately after the attacks on that day. They look at the racial profiling and roundup of Muslims and the rush to invade Afghanistan and Iraq using the Authorization for Use of Military Force.
Later in the second, third and fourth parts of the series – a discussion on the recent signing of the military commission act of 2006 and the abolishment of habeas corpus. This, as well the Insurrection Act and the buildup of detention prisons in the United States. The plans for a police state and martial law are slowly locking into place. Law and Disorder will bring 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.
Co-host Dalia Hashad describes her experiences as an attorney formerly with the ACLU right after September 11th as thousands of Muslim-Americans were rounded up or corralled because of their ethnicity or political affiliation.
Tracked in America – Samina Sundas
Samina Sundas with American Muslim Voice helped her fellow Muslims and Pakistani-Americans integrate into mainstream American society, and her role intensified after 9/11. When the National Security Entry-Exit Registration System (NSEERS, also known as the Special Registration program) was instituted in September 2002, Muslims all over the United States contacted her confused and worried about how it would affect them. She couldn’t get clear answers from federal immigration officials despite several meetings. After that, she set up an ad hoc hotline that has since become part of an organization called American Muslim Voice.
Framework of Police State laws since 9/11
Co-host Michael Ratner leads the way through the timeline from setting up the legal basis for a global war on terror to justifying a secret system of prisons and interrogation techniques that evade historic safeguards in the Geneva Convention.
Guest – Scott Horton, Chair of International Law Committee at the New York City Bar Association and adjunct Professor of Law at Columbia University. He is also the author of over 200 articles and monographs on legal developments in nations in transition.
Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power, Uncategorized
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Law and Disorder would like to thank the listeners of WBAI for their support of listener sponsored radio!
Law and Disorder welcomes KWMD in Alaska to the affiliate list
Brecht Forum – If It’s Not Facism, What Is It? Who Benefits & Why Now?
Panelists: Mark Crispin Miller, Heidi Boghosian, Bertell Ollman, Moderated by Michael Steven Smith
There appears to be a major transformation in progress. Bourgeois democracy, however limited and constricted it has been, is being revamped. The separation of powers, first enunciated by the founders, hardly exists any more. The Executive branch has overpowered Congress and the Judiciary. Neither the corporate media, the two party system, nor the unions provide much of a countervailing force. With the defeat of the Soviet Union and the “Socialist Block” imperialism has launched wars to consolidate capitalism and oil control in Yugoslavia, Afganistan, Iraq and Lebanon. The standard of living for the American working class and middle class is being rolled back quickly; only profit margins of the large corporations and the top one per cent are expanding. Democracy is not an abstraction, but a tool and an aspect of the class struggle. Thus we are experiencing a consolidational of wealth and power that is historically qualitatively transformative. Understanding what is going on is the first step in fighting it.
This week we hear talks from:
Mark Crispin Miller NYU professor of media studies and author of Fooled Again: How the Right Stole the 2004 Elections and Why They’ll Steal the Next One Too.
Bertel Ollman – We hear an excerpt from Bertel Ollman, professor of politics at NYU, and has written and edited over a dozen books, including Alienation: Marx’s Conception of Man in Capitalist Society, Social and Sexual Revolution: Essays on Marx and Reich, Dialectical Investigations, How to Take an Exam and Remake the World, and most recently Dance of the Dialectic: Steps in Marx’s Method. He is also founder of The International Endowment for Democracy
More on the Military Commissions Act of 2006 and the resulting demise of Habeas Corpus. During the WBAI fundraiser Michael Smith and Heidi Boghosian talked with attorney and incoming National Lawyer’s Guild president Marjorie Cohn.
Guest – Marjorie Cohn – attorney and incoming National Lawyer’s Guild president
Update on the Military Commissions Act – It allows over-arching executive power and is by definition a police state – “no meaningful distinction between the law and the exercise of political power by the executive.” Below are points highlighted from this CCR article.
- Shortly after September 11, 2001, hundreds of non-citizens were swept up in the United States and detained in connection to the terrorism investigation without any evidence to connect them to terrorism or crime.
- These men were arrested and detained based on their Muslim faith, their Arab or South Asian descent, and their immigration status, rather than any evidence to connect them to terrorism.
- The “9-11 detainees” were imprisoned in the United States until they were cleared of any connection to terrorism by the FBI. This clearance usually took months, and some detainees were held for over a year.
- During the detention period, many men were held in the most restrictive confinement that exists in the federal system. They were locked down 23 to 24 hours a day, hand-cuffed and shackled, deprived of sleep, beaten and verbally harassed, and denied the opportunity to practice their religion.
- Since the men were released, at least two federal court judges have ruled that the treatment of the detainees would constitute violations of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution.
- This provision allows any one of them to be imprisoned indefinitely without their day in court. Now, they could be investigated, detained, interrogated, and tortured without judicial remedy. While U.S. law prohibits torture, this bill would deny access to the courts to bring a torture claim.
CENTER FOR CONSTITUTIONAL RIGHTS CONDEMNS DEFEAT OF SPECTER AMENDMENT TO PRESERVE HABEAS
Civil Liberties, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Guantanamo/War on Terror/9/11 – Update
Co-host Michael Ratner begins the update in the context of the Supreme Court’s Hamden decision – which essentially says that Geneva conventions apply to people picked up during the “war on terror,” meaning fair trials and being treated humanely. This decision also means that the military commissions set up by the US president are no longer lawful and the actions of torturers, such as the CIA and military personnel at Guantanamo and CIA secret sites could now be charged with war crimes. Today, the president is asking Congress to amend Geneva Conventions and allow illegal military commissions to continue.
To find out more and take action please visit the Center for Constitutional Rights and help stop the fast tracking military commissions bill in Congress that would sink the United States into a police state.
Law and Disorder Exclusive – NSA Spying Lawsuit Oral Arguments
A few weeks ago oral arguments were heard in federal court in a lawsuit brought by the Center for Constitutional Rights. The suit seeks to stop Bush and government agencies from conducting warrantless surveillance of international communications made from the United States, such phone calls and emails. Arguing the case were CCR attorney Shane Kadidal (read Shane’s blog here) and cooperating attorney Michael Avery, president of the National Lawyers Guild. One issue is whether CCR and several of its lawyers has standing to bring the suit. CCR lawyers and Avery have to basically demonstrate a concrete injury from the spying program. CCR lawyers say that their ability to conduct their work has been affected by the chance that their attorney/client communications may be monitored. Meanwhile, government attorneys urged that Judge Gerald Lynch dismiss the case because allowing it to proceed would jeopardize “national security.” It also argued that the government has inherent constitutional power to override national enactments like the Foreign Intelligence Surveillance Act.
Co-hosts Michael Smith and Heidi Boghosian caught up with Shane Kadidal and Michael Avery right after their three hour argument.
Mexico Election Protests and the Forming Of A Shadow Government
Post election street protests and tent cities come to a close in Mexico two months after the razor thing results. An election too close to call had both front running presidential candidates Felipe Calderon and Andres Manuel Lopez Obrador declaring themselves winners, based on their speeches and a number of private exit-polls. In the initial election count that ended July 3, Calderon had an advantage of more than 400 thousand votes or 1.04 percentage points over Lopez Obrador. For the past six weeks sprawling encampments filled the center of Mexico City. Obrador warned he will never acknowledge defeat and is forming a “shadow government.”
Guest – Jim Cockcroft – bilingual award winning author of more than 30 books and countless articles on Latin America, Mexico globalization, labor migration and public policy. Read Jim’s blog here.
No More Deaths – Border Activists Shanti Sellz/Daniel Strauss Case Dismissed.
Here at Law and Disorder we’ve been following the cases of Daniel Strauss and Shanti Sellz, two humanitarian aid activists who work at the Mexican border. More information here at No More Deaths. They provide food and water and if necessary medical assistance to people who are in need crossing the border. In July 2005, they were arrested for transporting three undocumented migrants to a hospital for emergency medical care – for a full background on the case listen to the Law and Disorder interview with Shanti and Daniel here. The case was set to go to trial this October but the judge has recently dropped the case. Co-host Dalia Hashad and WBAI’s Wake Up Call host Deepa Fernandes caught up with Shanti Sellz at the Arizona border.
September 23: Free the Cuban 5: Protest at the White House, DC
Join Law and Disorder hosts in Washington DC to protest the U.S. government releasing terrorist Luis Posada Carriles.
Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Today on Law and Disorder, hosts take a look back at US governments’ domestic and international reaction to the attacks on the World Trade Center and the Pentagon, where an estimated 3000 perished. Stay with us as we begin with the targeting of Muslims and Arab/Americans then discuss the use of secret prisons, NSA spying, Guantanamo and war powers, the Authorization for Use of Military Force.
FBI Roundups, Profiling, Secret Sites, Presidential Powers
Roundup of Muslims – FBI to question 5000–immediate – Special Registration
Ashcroft lifting of FBI Guidelines
Detainee Treatment Act – more info on McCain amendment
Decision justifying torture
Brandon Mayfield
FBI Informant
Spying, NSA, Criminalizing Dissent, Patriot Act
2006 NSA spying—cases and victory
CCR case
EFF case
Broadening of wiretap provisions
Patriot Act – No sunset
Criminal cases—Lynne Stewart
We hear a preview from an interview with Shane Kadidal, attorney with the Center for Constitutional Rights and cooperating attorney Michael Avery, president of the National Lawyers Guild, right after arguing the case brought by the Center for Constitutional Rights seeking to stop Bush and government agencies from conducting warrantless surveillance of international communications of people in the United States.
Guantanamo, Torture, Indefinite Detention, Renditions, Criminal Prosecutions
INS —secret hearings
Abu Gharib photos – Warning – graphic images on this link
Guantanamo – Amnesty Link
CCR link
Torture is not torture – 2004 Truthout story – Marjorie Cohn
Iraq/Afghanistan/ – War
AUMF — Authorization to Use Military Force – translation: Attack anything anywhere if president says it’s related to 9/11.
Attack Afghanistan 2002
Attack Iraq – 2003
Attack Lebanon – 2006
Civil Liberties, Guantanamo, Supreme Court, Torture
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Rewriting Geneva Conventions
Law and Disorder’s Michael Ratner Updates Related article – NY Times
Cuban Five – Eleventh Circuit Court Decision
Recently this month, the Eleventh Circuit decided the case of “US v. Campa” the case of the so-called “Cuban Five. This decision affirmed the trial court’s finding that the venue shouldn’t have been changed from its location in Miami and that new trial should not be ordered. This gives enormous power over to the government to bring politically motivated prosecutions and to select a favorable venue where community prejudice will favor the government, and as in this case, allow the government to obtain a conviction where evidence did not support a conviction. This decision is not the end of the case, however. If the lawyers in the case decide to, they can take it to the US Supreme Court by petitioning the court, by write of certiorari, to hear the case.
To remind listeners, this is the case where five Cuban men have been serving harsh prison sentences after they infiltrated anti-Cuban right wing (terrorist) groups in South Florida, were arrested by US authorities in 1998, and received a highly-politicized trial in Miami that was barely reported on in any US media. We’ve covered developments in this case on Law and Disorder on March 6th of this year and on our August 15th show in 2005.
Guest – Attorney Bruce Nestor, former president of the National Lawyers Guild.
Union organizing at Starbucks
Union member Daniel Gross was fired from his job at Starbucks last week after nearly three years of union organizing. Daniel was terminated when he backed a co-worker and fellow union member at a union picket line and asserted he shouldn’t be fired. Daniel is the fourth Industrial Workers of the World member to be fired by Starbucks in less than a year. Starbucks and other large corporations such as Walmart and Borders have been known to be hostile to the social movements of their workers. This is also a turning point for some card carrying IWW baristas at Starbucks who promise to keep the union organizing alive.
Guest – IWW member Daniel Gross
New York Cyclists’ Civil Liberties At Risk
The NYPD has proposed a rule that would dictate how many people could legally ride their bikes or walk down the sidewalk together without a permit. Since the taping of this interview, the NYPD has retracted their proposal dure to overwhelming response during the public comment period. The proposed rule would have actively discourage cycling and make it more difficult for cyclists to ride together for safety.
Guest – Gideon Oliver, an attorney for Critical Mass
Guest – activist/Law Student Mark Taylor
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Civil Liberties, Extraordinary Rendition, Supreme Court, Surveillance, Truth to Power
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State Secrets Panel – Center forState Secrets Panel – Center for Constitutional Rights
We bring the voices of lawyers who are suing the government for keeping state secrets. What is a state secrets privilege and why should we be concerned? State secrets have been used by the Bush administration to dismiss public interest lawsuits, such as when in April of this year the Electronic Frontier Foundation challenged the legality of the NSA’s domestic spying program or the wrongfully-accused and tortured victim Maher Arar who sought to sue Attorney General John Ashcroft for his role in deporting him to Syria to face torture and extract false confessions.
Most recent, the Justice Department moved to preempt the Center for Constitutional Rights challenge to warrantless domestic surveillance by invoking the state secrets privilege. The Bush Administration is arguing that CCR’s case could reveal secrets regarding U.S. national security, and thus the presiding judge must dismiss it without reviewing the evidence. We go now and listen to a segment of the State Secrets panel.
We play excerpts from a speech by Bill Goodman, legal director with the Center for Constitutional Rights where he’s led a team of attorneys challenging the worst excesses of the Bush administration since 9/11 and representing Guantanamo detainees before the Supreme Court. Bill Goodman was one of the first to take on the Patriot act and having a portion of it ruled unconstitutional. He also sued against private military contractors at Abu Garaib.
We also hear from Center for Constitutional Rights staff attorney Shane Kadidal. He breaks down the history of the state secrets privilege and how the Bush administration is using it. Shane has worked on a number of cases since September 11th, including working on two cases of citizens detained as enemy combatants and a case on behalf of a class of hundreds of immigrants held in detention long after their final deportation. He’s also counsel on CCRs pending challenge to the NSA’s warrantless surveillance program in CCR versus Bush.
Amnesty International’s General Meeting – Audio Collage
During this year’s Amnesty International’s General Meeting in Portland, Oregon, Law and Disorder co-host Dalia Hashad and producer Geoff Brady collected audio from various interviews, panels and rallies being held at the 2006 General Meeting.
In this recording many Amnesty International staff members and activists gathered to speak out, listen and share their stories. This is an audio compilation from the anti-torture rally in Portland’s historic Pioneer Square mixed and produced by Geoff Brady
Attorney Paul L. Mills on Tasers – Part III
In our last interview from the Law and Disorder Taser series, co-host Dalia Hashad talked with Paul L. Mills, attorney and co-director with L.A. Police Watch about how police misuse the Taser weapon, the case of a 33 year old man who while being handcuffed was stunned by police with a Taser and later died and the future of Taser include wireless implants into human beings.
Lynne Stewart – Part 2
Law and Disorder recently sat down with convicted civil rights attorney Lynne Stewart to talk about her health, her approaching sentencing this September and the details leading up to her indictment and conviction. We play the second part of that interview.
