For nearly eight years, President Bush and Vice President Cheney have manipulated and lied to the U.S., and not without the help of Congress and the mainstream media. Here on Law and Disorder we’ve been with listeners during 4 of those 8 years, chronicling the injustices of the “global war on terror.” Now, in this late stage of the Bush/Cheney administration, Ohio Congressman Dennis Kucinich is pushing for impeachment. Last week the house voted 238 to 180 to send a single article of impeachment to the Judiciary Committee. The same committee that stopped Kucinich’s impeachment effort is allowing a hearing on Bush’s reasoning for taking the country to war in Iraq. In Kucinich’s words it is quote “deceiving Congress with fabricated threats of Iraq WMDs to fraudulently obtain support for an authorization of the use of military force against Iraq.” Kucinich: citizen petition.
If this article of impeachment is tabled, Kucinich says he would then begin to propose other articles. There are 35 articles of impeachment, among them are:
Misleading Congress and the American People About Threats from Iran, and Supporting Terrorist Organizations Within Iran, With the Goal of Overthrowing the Iranian Government
Falsifying Accounts of US Troop Deaths and Injuries for Political Purposes,
Illegal Detention: Detaining Indefinitely And Without Charge Persons Both U.S. Citizens and Foreign Captives, 4. Violation of the Posse Comitatus Act,
Rendition: Kidnapping People and Taking Them Against Their Will to “Black Sites” Located in Other Nations, Including Nations Known to Practice Torture
House Judiciary Chairman John Conyers Jr. told Congressional Quarterly, “We’re not doing impeachment, but he can talk about it.†Kucinich says holding George W. Bush and Dick Cheney accountable now, could prevent an attack on Iran.
Members of the Bush administration may soon be questioning if they will be prosecuted for war crimes. George W. Bush and other senior officials have enjoyed years of immunity from criminal lawsuits but, once out of office, they can be held accountable.
Bugliosi: Will U.S. State Attorney Generals and District Attorneys do the right thing?
In his latest book, The Prosecution of George W. Bush for Murder, Vincent Bugliosi lays out the legal framework of a meticulously researched case that puts George W. Bush on trial in an American courtroom for the murder of nearly 4,000 American soldiers fighting the war in Iraq.
One strategy in The Prosecution of George W. Bush for Murder is to establish jurisdiction in the cases for Attorney Generals in each state and also the approximately 900 district attorneys in the counties of those states. Bugliosi says it’s not unreasonable to believe that at least one prosecutor will be courageous enough to step up. Bugliois says, one of the key pieces of evidence to prosecute George W. Bush is the Manning Memo from January 31, 2003.
Manning Memo: In March 2003, Bush said that if Saddam Hussein did not give up his weapons of mass destruction, Iraq would face war. But earlier, in a January 31 closed-door meeting, Bush told his British buddy Tony Blair that the attack would take place even if no WMDs were found. Indeed, George and Tony candidly conceded that the discovery of such weapons was unlikely. This deliberate deception is revealed in a confidential five-page memo written by David Manning, Blair’s top foreign-policy advisor, who was at the meeting. Manning records that both Bush and Blair were uptight that the WMDs were not going to be found, so George W offered another fabrication to give them an excuse to attack. He suggested that the U.S. would paint one of our own surveillance planes in the colors of the United Nations and fly it over Iraq, hoping that Saddam would be provoked into shooting it down. Then the U.S. and Brits could invade, claiming that they were retaliating for Saddam’s attack on the UN.
Bugliosi: Points To Consider
While young soldiers age 18, 19, who never had a chance to live out their dreams, were getting blown to pieces in Iraq. Bush was having a lot of fun and enjoying life to the very fullest.
Juxtaposing Hussein with 9/11 – then saying later Hussein was involved in a terrorist relationship with Al-Qaeda. Al Qaeda was trained in Iraq in making bombs and poison.
The white paper that congress saw never had the intelligences of the 16 US agencies, that Hussein was not an imminent threat. Opinons were changed into facts while dissenting opinions deleted.
Four former Abu Ghraib detainees are suing two U.S. military contractor corporations and three individual contractors. The four were wrongly imprisoned, tortured and later released without charge. According to the complaints, the defendants abused detainees physically and mentally and then destroyed documents, videos and photographs; prevented the reporting of the torture and abuse to the International Committee of the Red Cross. They actually hid detainees and other prisoners from the Red Cross; and misled non-conspiring military and government officials about the state of affairs at the Iraq prisons.
The American Civil Liberties Union and ACLU of Pennsylvania challenged the government’s efforts to deport an Egyptian torture victim of Sameh Khouzam. The government claims to be relying on unreviewable “diplomatic assurances” from Egypt that it will not torture him upon his return. Last January, in the first decision of its kind, a federal district court sided with the ACLU and ordered the government to stop the deportation of Sameh Khouzam based on such secret and unreliable promises and release him under conditions of supervision.
However, the Bush administration appealed this ruling, claiming that the executive branch has unfettered authority to deport Khouzam and to detain him indefinitely pending his legal proceedings. Khouzam, a Christian who came to the United States in 1998 fleeing religious persecution in Egypt and a charge of murder, was granted protection from deportation under the Convention Against Torture (CAT) in 2004. This after a federal appeals court found that he would likely be tortured if sent back to Egypt.
Josh Key moved to Canada during a 2 week leave from the Army. On July 4th, 2008, Joshua Key won a Federal Court appeal thus forcing the Refugee board to re-examine his asylum claim of conscientious objector and Iraq war veteran. The court ruled that Key had been forced to systematically violate the Geneva Conventions as part of his military service in Iraq and that such misconduct amounts to a legitimate refugee claim.
In another case, former National Guard soldier Corey Glass of Fairmount Indiana is facing deportation from Canada. He was recently told that his application to stay in Canada for “humanitarian and compassionate†reasons has been rejected. This, as Pentagon officials suggest he has been discharged and the U.S. Army is not seeking to persecute Glass. But Glass’ lawyer, Alyssa Manning of Parkdale Legal Community Services, says the reports are untrue. Manning says quote “He would be a felon, he’d be criminally inadmissible to Canada; he’d potentially be imprisoned as well as subjected to non-traditional punishment such as ‘hazing’ (within the military)
Briana Waters, 32 was sentenced to six years in federal prison and ordered to pay $6 million in restitution by U.S. District Court Judge Franklin Burgess, who also declined her lawyer’s request that Waters be released on her own recognizance pending appeal. Here on Law and Disorder we’ve discussed how (since December 2005) environmental activists in the United States have been targeted and handed unusually harsh prison sentences. It’s been called Green Scare.
Briana was accused of acting as a lookout in the conspiracy to set fire to the University of Washington’s Center for Urban Horticulture in 2001. This, despite evidence presented by the defense that she was 60 miles away at the time of the arson. Others claimed responsibility for the fire. How the Government Targets Eco-Activists. Listen to NLG event.
Federal “conspiracy law†is often used by prosecutors to take down drug dealers, the same legal approach is used to charge environmental protesters. Once the judge accepts the charge of conspiracy, here-say is admissible making conspiracy and very easy to prove in court.
Taking Back The Right To Dissent: The Case of the Bangor Six
Recently, jurors in the Case of the ‘Bangor Six’ brought back a decisive verdict of ‘not guilty.’ The six veterans for peace, anti war protesters were arrested in March of last year after refusing to leave the federal building where their senator, Republican Susan Collins has her office. The six activists were among 12 that say they were protesting Bush’s proposal to increase troops in Iraq to support a military strategy known s the surge and also urged Collins to vote against continued funding for the war. Collins did not vote against funding for the war and did not meet with activists. Six of the activists were later arrested. (Collins Watch)
During this trial, the jury was allowed by the judge to decide whether the defendants believed that they were not guilty in making a conscious choice to break Maine law because they thought international law was being violated. The jurors decided unanimously that the protesters did believe they had the ‘license and privilege’ to act as they did, in rendering the ‘not guilty’ verdict.
Guest – Bar Harbor attorney Lynne Williams, also with Maine Lawyers for Democracy a group of 65 Maine lawyers, calling for the impeachment of President Bush and Vice President Cheney.
This past week, Amnesty International USA hauled a life size Guantanamo cell replica to the National mall in Washington DC. Activists and tourists gathered to experience the bleakness of being held in such confinement without hope. The cell replica visited the nation’s capital as a U.S. House Judiciary Subcommittee heard testimony on harsh interrogation techniques from Vice President Dick Cheney’s chief of staff David Addington and former U.S. Justice Department lawyer John Yoo.
We listen to voices of tourists, activists and James Yee, former US Army chaplain, who ministered to Muslim detainees held at Guantánamo Bay Naval base. Yee as listeners may know, was the subject to an intense investigation by the United States. A special thank you to Karen Miller for gathering the audio for this segment.
J.Patrick O’Connor delivers a powerful interview for the full program. O’Connor lays out the case based on his in-depth research that Mumia Abu Jamal was framed. O’Connor argues that the former black panther journalist did not shoot Philadelphia police officer Daniel Faulkner. The real shooter says O’Connor, was Kenneth Freeman a business partner of Mumia’s brother. Freeman, was found dead in 1985, bound and cuffed in a Philadelphia parking lot after a massive police raid on the counter-culture group MOVE.
One review writes: “In this account of the trial of controversial death row inmate Mumia Abu-Jamal, O’Connor, editor and publisher of crimemagazine.com, clearly lays out his case that Abu-Jamal should receive at least a new trial, if not complete exoneration. O’Connor asserts that Abu-Jamal was framed for the 1981 murder of police officer Daniel Faulkner because of a vendetta by Philadelphia mayor Frank Rizzo and the police due to Abu-Jamal’s defense, as a journalist, of the group MOVE.
Review excerpt by Linn Washington Jr : Carefully citing trial proceedings, O’Connor book lists odious instances of wrongdoing by police prosecutors – accomplished with judicial complicity.
“From the beginning of this case, it was corrupt. It was a railroad job,” O’Connor said recently during a reading/book signing at a small venue on Baltimore Ave in West Philadelphia sponsored by the organization, Journalists for Abu-Jamal. “I wrote the book to show not only that Mumia did not kill Officer Faulkner but to show how and why they framed Mumia,” said O’Connor who lived in the Philadelphia area at the time of the brutal December 1981 crime at the heart of this controversial case.
Guest – J. Patrick O’Connor, editor and publisher of Crime Magazine. He has worked as a reporter for UPI, editor of Cincinnati Magazine, associate editor of TV Guide, and editor and publisher of the Kansas City New Times.
It was April 13, 1873 in Louisiana when a small army of white ex-Confederate soldiers enraged by freedmen asserting their new rights killed more than 60 African Americans who had occupied a courthouse. Today we talk with author and journalist Charles Lane. His recent book is titled The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction. In the book, Lane uncovers a nearly forgotten historic post civil war massacre of African American men in Colfax, Louisiana and a white lawyer’s epic battle to bring the perpetrators to justice. Reviews call Lane’s book an electrifying piece of historical detective work that captures a gallery of characters from presidents to townspeople and re-creates the bloody days of Reconstruction. Lane discovered the Colfax Massacre case while covering the Supreme Court for The Washington Post.
Today we’re delighted to have Ann Ginger on the program, she’s a lawyer, teacher, writer, and political activist. She is the founder and the executive director of the Meiklejohn Civil Liberties, a think tank for human rights in Berkeley California. Here on Law and Disorder we’ve examine the practices and laws that have crippled civil and human rights in this country and now we take a look at ways law students and legal workers can bring them back.
Guest – Ann Ginger. Ann is Executive Director of Meiklejohn Civil Liberties Institute, a center for peace law and human rights, with archives of historic cases. Founded in 1965, the Institute answers queries of clients and lawyers and trains interns to prepare reports on U.S. compliance with human rights treaties for submission to U.N. committees.
Ann learned early to use the law and history to work for peace and human rights, coming from an Irish Catholic, English Quaker, Russian Jewish, Midwestern newspaper family. As a lawyer, she won a civil liberties case in the U.S. Supreme Court. After her testimony as an expert witness on international law that applies in the U.S., a jury acquitted nuclear weapons protesters in Utah. She is now teaching Peace Law and Human Rights at San Francisco State University and long served on the Peace and Justice Commission that administers the Nuclear Free Zone Ordinance in Berkeley.
Here on Law and Disorder we’ve discussed how since December 2005, environmental activists in the United States have been targeted and handed unusually harsh prison sentences. It’s called Green Scare and more than a year ago the National Lawyer’s Guild sponsored an event titled Green Scare – How the Government Is Targeting Eco-Activists. Listen to it here.
We bring this up in context of the case involving Briana Waters. Acting as a lookout, she was accused of conspiring to set fire to the University of Washington’s Center for Urban Horticulture in 2001. This, despite evidence presented by the defense that she was 60 miles away at the time of the arson. Others claimed responsibility for the fire, but Ms. Waters, a 32 year old mother and violin teacher may face a mandatory minimum of 35 years in prison.
Federal “conspiracy law†is used often to prosecute drug dealers and is being used by prosecutors to take down individual environmental protesters. Once the judge accepts the charge of conspiracy, here-say is admissible making conspiracy very easy to prove in court.
Today we hear excerpts from the third part of the event An Innocent Man In Guantanamo: Five Years of My Life. That’s the title of the memoirs recently released by Murat Kurnaz who was detained at Guantanamo for five years. Kurnaz is a Turkish citizen and legal resident of Germany, he traveled to Pakistan to learn more about his Muslim faith and was later arrested at a checkpoint, handed to the United States and eventually taken to Guantanamo Bay, Cuba. Former US Army Muslim Chaplain of Guantanamo Bay, James Yee voices his concern about other secret prisons in Afghanistan and systematic abuse to prisoners involving IRF teams.
The event presented by Friends of the Library, brought together a panel of lawyers from the U.S. and Germany who fought for Murat’s release and a Guantanamo chaplain who was accused of espionage and imprisoned. The panel was moderated by our own Michael Ratner. Speakers include:
Baher Azmy – Professor at Seton Hall Law School, where he directs a civil rights clinic and teaches constitutional law. His litigation work on national security and human rights cases emerging from the “war on terror†include lawfulness of extraordinary rendition, torture and indefinite executive detention. In July 2004, Azmy began representation of Murat Kurnaz imprisoned in Guantanamo Bay until his release in August 2006.
Bernhard Docke – a lawyer since 1983, specializes in criminal law, since 1989 partner of the law firm “Dr. Heinrich Hannover und Partner†in Bremen, Germany. He has been a lawyer for Mr. Kurnaz since 2002.
Wallace Shawn – an Obie-winning playwright and a stage and screen actor. His plays include The Designated Mourner, Marie and Bruce, The Fever, and Aunt Dan and Lemon. He co-wrote and starred in the art-house classic My Dinner with Andre and he also performed in numerous Woody Allen films including Manhattan and Radio Days. Our Late Night and a Thought in Three Parts: Two Plays will be published in Spring 2008.
James Yee – the former US Army Muslim Chaplain of Guantanamo Bay. His book, For God And Country, Faith and Patriotism Under Fire, tells the story about being wrongly accused of espionage and imprisoned by the U.S. military. In 2004, the government dropped all charges against him and he received an honorable discharge from the U.S. Army.
Phillipe Sands – an international lawyer and a professor of law at University College London. He is the author of Lawless World and is frequently a commentator on news and current affairs programs including CNN, MSNBC and BBC World Service. Sands has been involved in many international cases, including the World Court trial of Slobodan Milosevic and the treatment of British detainees at Guantanamo Bay. His article in Vanity Fair “The Green Light,†looks at how high level members of the Bush administration pressured underlings to use torture tactics at Guantanamo. He is also the author of Torture Team: Rumsfeld’s Memo and the Betrayal of American Values.
