Law and Disorder November 20, 2017

Law and Disorder Editorials:

  • FDA Approves Digital Pill by Heidi Boghosian

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Release Aging People in Prison Campaign

The number of persons 50 years and older in New York State has risen more than 98% since 2000; it now exceeds 10,000—nearly 20% of the total incarcerated population. This reflects a national crisis in the prison system and the extension of a culture of revenge and punishment into all areas of our society.

The organization Release Aging People in Prison, or RAPP, works to end mass incarceration and promote racial justice by getting elderly and infirm people out of prison.

Led by Mujahid Farid, a 2013 Soros Justice Fellow who was incarcerated for 33 years in New York before his release in 2011, RAPP focuses on aging people in prison, many of whom are long-termers convicted of serious crimes. Many of these human beings have transformed their lives and developed skills and abilities they lacked before incarceration. They could be released from prison with little or no threat to public safety. Yet many are denied release, often for political reasons, and they needlessly remain imprisoned into old age. These elders could return to their communities if current mechanisms such as parole and compassionate release were correctly utilized. We also support legislation in New York to correct the parole system and increase the number of releases.

Guest – Mujahid Farid co-founded the Prisoners AIDS Counseling and Education program and helped design prison-based sociology and theology courses that allowed others to earn college-credited in prison. He also earned four college degrees and other certifications while incarcerated, including his paralegal certificate, NYS Department of Labor Certificate in Human Development Counseling, and NYC Department of Health Certificate in HIV/AIDS Counseling.

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Guest – David George, Associate Director of RAPP. In the last few years Dave has organized with and on behalf of currently and formerly incarcerated people, including at the Osborne Association and Correctional Association of New York.

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Perpetual Line Up: Unregulated Police Face Recognition In America

The presence of surveillance cameras across the United States has enabled targeted facial recognition surveillance at essentially any place and any time. Each day law enforcement puts in place more and more cameras, including CCTV cameras, police body cameras, and cameras on drones and other aircraft. The FBI’s Next Generation Biometric Identification Database and its facial recognition unit, FACE Services, can search for and identify nearly 64 million Americans, either from its own databases or through access to state DMV databases of driving license photos.

It’s likely that government agencies will soon be able to pinpoint your location and even with whom you’ve been, just by typing your name into a computer.

The release of Apple’s IPhone X has drawn scrutiny to this technology. Despite civil liberties and privacy concerns, there are few limits on facial recognition technology. In March 2017 Congress held a hearing to discuss the risks of facial recognition surveillance. There is concern that facial recognition can be used to get around existing legal protections against location tracking, opening the door to unprecedented government monitoring an logging of personal associations, including protected First Amendment-related activities. Knowledge of individual’s political, religious and associational activities could lead the way to bias, persecution and abuse.

As with many technological advances, there are benefits, too. Facial recognition can assist in locating missing persons or for other public safety purposes.

Guest – Clare Garvie, Clare is a Law Fellow at the Georgetown Law Center on Privacy and Technology. Her research with the Center is on face recognition use by law enforcement and the disparate impact of payday lending on vulnerable communities. She worked on the Center’s 2016 report on facial recognition technology.

Law and Disorder November 6, 2017

 

Special Prosecutor Mueller Indictments

Paul Manafort, who had been Donald Trump’s campaign manager, was indicted last week by special prosecutor Mueller for 12 counts of money laundering involving at least $18 million, setting up a secret overseas bank accounts through which $75 million flowed, lying to federal authorities and operating as an unregistered foreign agent for the president of the Ukraine, tax evasion, and conspiracy. Also indicted was his colleague Rick Gates.

Manafort was a Washington insider. He graduated from Georgetown Law School and went on to work for Gerald Ford and Ronald Reagan. He then became, by his own description, an influence peddler. He was a political adviser to the vicious dictatorships of Marcos in the Philippines and Mobuto in Zaire helping them avoid trouble with the United States. He made millions of dollars advising the elected head of the government of Ukraine before he was overthrown in a coup approved and supported by the United States, in particular Secretary of State Hillary Clinton who held that position under the Obama administration before she ran for president.

Along with the indictments, it was disclosed that George Papadopoulos, a former volunteer adviser to Trump during his campaign, had pled guilty to lying to the FBI about having ties with the Russians and was cooperating with the prosecution. He had urged Trump to meet with Russian officials.

Guest – Ray McGovern, an alumnus of Fordham and was a high-ranking CIA analyst for 27 years. His expertise was Russia and he had one on one briefings daily with President George Bush. He broke with the government under George W. Bush over the cooked intelligence used to rationalize America’s illegal war of aggression against Iraq and helped form the organization Veteran Intelligence Professionals for Sanity.  His group issued a memorandum to President Obama which demonstrated that the Russians did not hack into the computers of the Democratic Party or Hillary Clinton and did not therefore influence the American election.  http://raymcgovern.com/

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41s1YjDN5-L Sen. John F. Kennedy, (left), and Allen W. Dulles, Central Intelligence Agency (CIA) director, walks towards newsmen on the lawn of the Democratic presidential candidates in Hyannis Port, MA., home on July 23, 1960. The two men held a news conference after Senator Kennedy was briefed by Dulles on international affairs. (AP Photo/WCC)

The Devil’s Chessboard: Allen Dulles, the CIA, and the Rise of America’s Secret Government

The assassination of President John Fitzgerald Kennedy on November 22, 1963, 54 years ago, was a turning point in American and world history. The official story has been put forward in the Warren Commission Report. It stated that Lee Harvey Oswald was the lone assassin and that there was no conspiracy. The official story has been widely debunked: it is not believed by some 60% of the American people.

Oliver Stone’s 1991 movie JFK led to the reopening of the investigation by a Committee of the US House of Representatives. The committee concluded that there was a conspiracy. They passed a law, signed in 1992 by President George HW Bush, which called for the release of all remaining intelligence files on the assassination by October 26, 2017. Last week some of the remaining documents were released. Those documents must be released within six months unless President Trump decides not to. The intelligence agencies have a say in what further documents will be released but it is President Trump’s decision. It is not believed that the release of the documents will contradict the official story that Lee Harvey Oswald was the loan assassin and there was no conspiracy.

James R. Douglas wrote the definitive book on the Kennedy assassination, demonstrating conclusively that was the work of the CIA. Why? Because the intelligence agency wanted to stop Kennedy from withdrawing American troops from the Vietnam war and he wanted and was working towards a peaceful resolution of the cold war with respect to American policy towards both the Soviet Union and Cuba.

Guest – David Talbot, the author of the New York Times bestseller Brothers: The Hidden History of the Kennedy Years and the acclaimed national bestseller Season of the Witch: Enchantment, Terror, and Deliverance in the City of Love. He is the founder and former editor in chief of Salon, and was a senior editor at Mother Jones and the features editor at the San Francisco Examiner. He has written for The New Yorker, Rolling Stone, Time, The Guardian, and other major publications. Talbot lives in San Francisco, California.

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Law and Disorder October 16, 2017

Free Speech on College Campuses

Last week an invited lawmaker was shut down form addressing Texas Southern University after protesters stormed the room calling him a racist. House Representative Briscoe Cain was asked to speak to the Thurgood Marshall School of Law by the Federalist Society about the recent legislative special session. But as he uttered a few words, he was shut down by students and then the University’s President claimed it was an unapproved event. It’s ironic that the school is named for the Supreme Court justice known for his exemplary record of protecting First Amendment rights.

Attorney General Jeff Sessions also recently spoke–uninterrupted–at Georgetown University about free speech on American college campuses. He said, “The right of free speech does not exist only to protect the ideas upon which most of us agree at a given moment in time,” and encouraged students to: “make your voices heard, [and] to defend the rights of others to do the same.” Sessions joins a bipartisan chorus of public officials expressing support for free speech in academic institutions.

This summer, Senators Bernie Sanders and Mitch McConnell condemned efforts to shut down different viewpoints at schools. And in 2015, Barack Obama more than once defended the importance of free speech on campus. “I don’t agree that you, when you become students at colleges, have to be coddled and protected from different points of view,” he said at a September 2015 town hall.

The recent Sessions talk comes amid an uptick (1) in efforts to dis-invite controversial speakers of all ideological persuasions, (2) use of bias response teams to monitor unpopular speech, and (3) in unprecedented violence aimed at silencing off-campus speakers.

These are some of the findings from a recent study produced by The Foundation for Individual Rights in Education. The comprehensive survey on students’ attitudes about free speech measured responses to questions about hate speech, guest speakers on campus, self-expression and reactions to expression of other students.

Guest –Will Creeley, Senior Vice President of Legal and Public Advocacy at the Foundation for Individual Rights in Education. FIRE is a nonpartisan, nonprofit organization dedicated to defending liberty, freedom of speech, due process, academic freedom, legal equality, and freedom of conscience on America’s college campuses.

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Tech Freedom on USA Liberty Act of 2017

Americans whose data is inadvertently swept up while the government monitors foreign intelligence, risk having their information used for non-national-security related purposes.

Two weeks ago draft legislation was introduced to address this, but a broad coalition of civil liberties organizations say it doesn’t go far enough. They are calling on the House to close the so-called “back-door search” loophole by requiring a warrant based on probable cause for any search of information about U.S. citizens and residents.

Similar to the USA Freedom Act of 2015, which ended the practice of bulk surveillance of American citizens under Section 215 of the 2001 PATRIOT Act, the current USA Liberty Act of 2017 would overhaul surveillance that is supposed to be limited to targets outside the U.S. but actually affects Americans. Section 702 expires at the end of December, which is why Congress is reassessing the program.

Currently, FISA surveillance is conducted under a warrant issued annually by the FISA court for a list of foreign intelligence targets. But law enforcement can access, and can use, Americans’ communications swept up in FISA surveillance with no warrant at all. This is even though U.S. persons’ communications require constitutional protections not afforded to foreigners.

The USA Liberty Act adds a warrant-like ‘probable cause’ requirement before law enforcement can search the database, but also includes a sweeping, vague exception for “foreign intelligence information” and does not stop law enforcement from using that information for criminal prosecutions. This is a glaring violation of the Fourth Amendment.

Guest – Austin Carson, Executive Director of TechFreedom joins us to talk about this legislation, and the state of surveillance generally. Tech Freedom is a non-profit, non-partisan technology think tank launched in 2011 that focuses on issues of Internet freedom and technological progress.

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Law and Disorder September 25, 2017

35th Anniversary of Palestinian Mass Slaughter in Lebanon Refugee Camps

This month marks the 35th anniversary of the mass slaughter of civilian Palestinians by Lebanese fascists in their Lebanon refugee camps of Sabra and Shatila. The Palestinians who lived in the camps had been driven out of their villages in the Galilee by Israel. They had lived there for hundreds of years until the Zionist colonialists expelled them in 1948. The Israeli Army aided in the 1982 slaughter. The 1982 Israeli invasion of Lebanon, which preceded the massacre, was given the greenlight by the United States. Up to 1982, the Palestine Liberation Organization, known as the PLO, had its headquarters in Beruit, Lebanon. This Israeli Army invaded Lebanon and succeeded in driving the PLO out. The United States gave written commitments to the PLO about protecting the civilian population in order to secure the PLO’s evacuation from Beruit the month before the slaughter at Sabra and Shatila camps.

Israeli Defense Minister Ariel Sharon falsely asserted that there were 2000 terrorists in the camps. US Envoy to Lebanon Morris Draper did not dispute this falsehood. Sharon told Draper that ” We will kill them. They will not be left there. You are not going to save them.” Sharon sent Lebonese fascists into the refugee camps. They silently killed hundreds of Palestinians and Lebanese, mostly women and children and old men, using knives and bayonets. The Israeli Army lit up the killing fields with flares. There was such a worldwide outcry that Israel was forced to set up a commission of inquiry. That commission found that Sharon bore “personal responsibility” for the massacre and recommended that he be dismissed from his post as Defense Minister.

The blowback from these events in Lebanon 35 years ago still echo today in the wars America is conducting in Syria and Iraq.

Guest – Rashid Khalidi, Edward Said Professor of Arab Studies at Columbia University. He is the author of “Under Siege: PLO Decision Making During the 1982 War”. and most recently “Brokers of Deceit: How the US Has Undermined Peace in the Middle East.” Professor Khalidi recently had an article on the Sabra and Shatila massacre in The Nation magazine.

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Community Votes

The Queensbridge House public housing project in Long Island City Queens is the largest such complex in the country. With more than 7,000 residents, it’s a community with little faith in civic engagement. Like other public housing communities, and low-income neighborhoods in general, poor people vote at considerably lower rates than wealthier ones. Many feel apathetic, that the system is rigged, and that their votes don’t matter.

One nonprofit in NYC is using innovative partnerships with community-based social service organizations to conduct nonpartisan voter mobilization so more underrepresented citizens participate in our democracy.

Community Votes is trying to change the culture and mindset of large nonprofit social service agencies so they integrate into their day-to-day operations civic engagement activities. These activities include promoting awareness of elections and issues and encouraging voting and other participation in federal, state, and city policy making. A few years ago Community Votes partnered with the Jacob Riis Neighborhood Settlement, a longtime provider of social services in the Queensbridge Houses, to engage in personalized messaging to mobilize voters. The results were a considerably higher rate of voter turnout in the 2014 midterm elections.

Guest – Louisa Hackett is the director of Community Votes. Louisa founded Community Votes in 2013. Through her work at Community Resource Exchange providing consulting services to New York City nonprofit organizations, she recognized the assets direct service organizations have to turn more citizens into voters.

 

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Law and Disorder September 18, 2017

 

Anthropomorphic Climate Disruption

Devastation caused by hurricanes Harvey and Irma have provided ample opportunity for Democrats to press Republicans on climate change — with the catastrophic storms and wild fire giving tens of millions of Americans an up-front glimpse of the types of devastation we are facing.

Oddly, there’s been little talk in the nation’s capital. Aside from a handful of outliers like Hawaiian Sen. Brian Schatz, leading Democratic politicians have been slow to use the tropical storms to denounce President Donald Trump, who has dismissed climate change as a “hoax.”

That’s a contrast from past storms like 2012’s Hurricane Sandy, when Democratic New York Gov. Andrew Cuomo called the disaster a sign that “climate change is a reality.” Even then-New York City Mayor Michael Bloomberg, an independent, cited the storm and climate change at the time among his reasons for endorsing Barack Obama’s reelection as president.

Democrats appear to be heeding the warnings of Trump appointees like EPA Administrator Scott Pruitt, who said last week that it’s “very, very insensitive to the people in Florida” to talk about climate change now.

Guest – Eleanor Stein, teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental and Atmospheric Sciences Department at SUNY. Eleanor Stein is teaching transnational environmental law with a focus on catastrophic climate change. For ten years she served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.

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John Brennan Named Distinguished Fellow for Global Security At Fordham Univerity’s Law School

Labor Day brought an unwelcome surprise to students and alumni of what the Jesuits proudly call The Jesuit University in the City of New York. Fordham University’s Law School announced that it had named former CIA Director John Brennan Distinguished Fellow for Global Security.

Brennan was a senior official in the CIA during the Bush -Cheney administration. The official record shows he was knee-deep into their programs of secret offshore prisons, torture, and kidnapping.

In fact, in late November 2008, when President-elect Obama was about to appoint Brennan director of the CIA, a category-five hurricane of protest made that politically impossible. For example, the American Psychological Association publicly appealed to Obama not to appoint Brennan because of his role in torture.

So, instead, Brennan played the role of national security adviser – a role in which Obama and he worked together, meeting every Tuesday to draw up lists of who would be killed the following week by missiles from drones.

By 2008, Congress had become so inured to such things that Brennan sailed through confirmation and became CIA director for Obama’s second term.

That Fordham has succumbed to what Jesuits like Dan Berrigan call the “celebrity virus” is abundantly clear in Brennan’s appointment. Fordham is proud to claim him as a college alumnus. And without a hint of shame, its law school is also proud to give him a prestigious appointment.

Guest – Ray McGovern, an alumnus of Fordham and was a high-ranking CIA analyst for 27 years. His expertise was Russia and he had one on one briefings daily with President George Bush. He broke with the government under George W. Bush over the cooked intelligence used to rationalize America’s illegal war of aggression against Iraq and helped form the organization Veteran Intelligence Professionals for Sanity.  His group issued a memorandum to President Obama which demonstrated that the Russians did not hack into the computers of the Democratic Party or Hillary Clinton and did not therefore influence the American election.  http://raymcgovern.com/

Law and Disorder September 11, 2017

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Illegal Preventive War

Sixteen years ago today two hijacked planes flew into the twin towers and another one into the Pentagon. Fifteen of the 19 attackers were Saudi Arabians. They were funded by elements of the Saudi Arabian government. Osama bin Laden, a Saudi Arabian fundamentalist from a wealthy Saudi family took responsibility for the attack. He said he did it for three reasons: The American support of Israel against the Palestinians; the presence of US bases near the Saudi Arabian holy cities of Mecca and Medina; and the US economic and trade sanctions against Iraq which killed 600,000 children.

When the attack occurred, the feckless and unpopular George W. Bush had been in office less than a year. He told his national security advisor to figure out a way to blame the attacks on Iraqi dictator Saddam Hussein. A lie was propounded by Bush , his vice president Dick Cheney, and his secretary of defense Donald Rumsfeld that Iraq had contact with Osama bin Laden and that Iraq was developing nuclear weapons, weapons of mass destruction. First, Afghanistan was bombed, even though it’s leaders offered to turn over Osama bin Laden. Then an illegal war was launched against Iraq initiated with horrific bombings called “shock and awe.” In the following years 1 million people were killed in that country. Half of the population are refugees or internally displaced.

In the wake of the 911 attacks, the Patriot Act was hastily pushed through Congress bringing an American police state closer into being. The war on terror was declared even though terror is a tactic and war is traditionally had been fought against other countries. This has given it a permanent character. A campaign of fear was whipped up. Torture and kidnapping by the CIA was instituted. Eventually the United States under President Obama was fighting six were simultaneously in Iraq, Afghanistan, Syria, Yemen, Libya, and Somalia. Trump continues this aggression.

Guest – Ajamu Baraka, a member of board of directors of Cooperation Jackson, in Jackson Mississippi, editor and contributing columnist for Black Agenda Report, and National Organizer for the Black Alliance for Peace. He recently ran for vice president on the Green party ticket. He is a former board member at the Center for Constitutional Rights and a leader of the United National Anti-war Coalition.

U.S. Antiwar Leaders Call for Actions to Oppose the Escalation of the Afghanistan War During the Week of the 16th Anniversary of the Invasion, October 2 – 8.

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The Bronx 120 and Secor 19

A year ago we reported on the largest gang raid in NY history. It took place, pre-dawn, in the Williamsbridge section of the North Bronx, with 700 law enforcement officers arresting 120 young men  indicted on conspiracy charges using the 1970 RICO Act. In one apartment, more than a dozen police threw flash-bang grenades and broke down the front door with assault weapons aimed at a mother and her two daughters, then forced them to crawl down their hall on all fours toward the officers.

At that time, police held a press conference and characterized the young men as “the epitome of organized crime today.” Cooperating federal agencies included the DEA, the ATF, the US attorney general, and ICE’s Homeland Security Investigations. Community members question this portrayal, saying the young men were not highly organized gangsters terrorizing a community; they lacked money and weapons and were living at home with their parents.

Critics claim that applying RICO to street gangs has racist implications. Under RICO, individuals can be found guilty by association. Despite gang-related crime accounting for less than 2 percent of city crime, two weeks after the raid, James O’Neill, now NYPD Commissioner, promised more raids.

He came through with that promise this past April. Multiple arrests were made at the Boston Secor Houses in the Bronx, and federal charges were brought against 19 young persons. They have been charged with racketeering conspiracy, narcotics conspiracy, robbery conspiracy, extortion, and firearms offenses. We’re joined today by a FAMILY MEMBER of one of the young men arrested.

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