Hosts Update on spy legislation that would give immunity to utility telecom companies in recent eavesdropping bill. Companies such as Verizon would be protected from lawsuits after handing private consumer data (emails / phone conversations) to the federal government without a warrant.
USA vs. Al-Arian is the name of the new documentary that chronicles the arrest and trial of Dr. Sami Al0Arian, a Palestinian computer engineer and former university professor, who was convicted of conspiracy to aid terrorism. Norwegian film-maker Line Halvorsen interviews law professors and reporters and most of Al-Arian’s family to assemble a disturbing picture of a paranoid post-9/11 climate. The film tells the story from the day the FBI storms into Al-Arian’s home to arrest him in February of 2003. Hosts talk with Dr. Al-Arian’s oldest daughter Laila live in studio.
In the film we see the jury found Al-Arian not guilty on all counts yet, the judge hands down a prison sentence and deportation. Dr Al-Arian is still in prison.
Guest – Laila Al-Arian, Dr. Al-Arian’s oldest daughter
Rediker has scoured through letters, diaries, memoirs, captain’s logbooks, shipping company records to piece together the intimate realities of these 18th-century sailing vessel carrying enslaved Africans. Rediker draws startling parallels to global economy structures then and now, tracing back as New England timber was used to build Slave Ships yet nails and ropes were purchased from Liverpool at discounts, ship captain stock options and more. In his book, Marcus also documents revolts among underpaid sailors and the solidarity that evolves amid slaves and servants.
One review describes Slave Ship as “ a tale of tragedy and terror, but also an epic of resilience, survival, and the creation of something entirely new. Marcus Rediker restores the slave ship to its rightful place alongside the plantation as a formative institution of slavery, a place where a profound and still haunting history of race, class, and modern economy was made.â€
A delegation from the National Lawyers Guild has released a preliminary report on its findings regarding the impacts of the Proclamation of the Emergency in Pakistan. The report found that anything short of restoring the judges deposed on last November 2007 will have long lasting negative impacts on the judiciary and rule of law in Pakistan. The delegation also noted structural problems in the pre-election climate such as lack of an independent judiciary, allowing free and fair elections nearly impossible. Here is the NLG Pakistan Delegation report.
The delegation’s findings are based on over 50 interviews with political party leaders, lawyers, members of civil society, government officials, judges, students and journalists in Lahore, Karachi, Peshawar, Quetta and Islamabad.
Guest – David Gespass, the Vice President of the National Lawyers Guild, he has led a delegation of American lawyers to Pakistan to show solidarity with the Pakistani lawyers demanding a return to the rule of law and to oversee and assist with preparations for the upcoming election in that country.
Here on Law and Disorder we’ve covered in depth the scope of surveillance bearing down on the lives of people in a post 9/11 society. From intrusive RFID technology to phone companies and airlines handing over private consumer data to the FBI. Webb constructs a clear sense of the emerging panopticon singularity. The Panopticon Singularity bears a strong resemblance to the concept of “ubiquitous law enforcement.”
Excerpt from book: “Surveillance in a world of risk preemption requires that everyone be evaluated as a potential suspect in order to eliminate risk to the furthest degree possible. In this paradigm, the criminal law and due process protections that have been developed over centuries in democratic societies – such as the presumption of innocence; habeas corpus and rights against arbitrary, indefinite detention; attorney-client privilege; public trial; the right to know the evidence against one and to respond; the right against unreasonable search and seizure; and the right to remain silent – are viewed as intolerable risks.”
Guest – Canadian human rights lawyer Maureen Webb, she is the author of Illusions of Security: Global Surveillance and Democracy in the Post-9/11 World. In the book, Webb examines how governments worldwide follow the lead of the Bush administration in using quote terrorism as an excuse for public surveillance and information gathering.
U.S. Court of Appeals for the Second Circuit Hears Lynne Stewart’s Arguments
Law and Disorder hosts welcome back civil rights attorney Lynne Stewart. Lynne Stewart has been free on bail pending appeal since federal judge John Koeltl gave her a 28 month sentence in October 2006. As you may recall Lynne Stewart was initially facing up to 30 years after being found guilty of conspiring to aid terrorists. She was convicted of distributing press releases on behalf of her jailed client Sheik Omar Abdel Rahman who is serving a life sentence on terror-related charges.
Here on Law and Disorder we’ve followed Lynne Stewart’s case as it contains key breaches of civil liberties such as government eavesdropping into attorney/ client conversations.
Pro-independence Puerto Ricans subpoenaed by NYC grand jury
Three Puerto Rican activists and artists have been ordered to appear before a Brooklyn federal grand jury. The activists are graphic designer Tania Frontera, social worker Christopher Torres and filmmaker Julio Antonio Pabon.
Federal grand jury investigations are secret by law. There are indications that it is part of a probe into the Popular Boricua Army (EPB)-Macheteros, a rebel pro-independence group whose leader, Filiberto Ojeda Rios, was killed by FBI agents in Puerto Rico on Sept. of 2005. The FBI is also trying to locate Hector Rivera, one of the founders of the Welfare Poets, a New York-based collective of activists and poets, in order to serve him with a subpoena. Supporters of the three activists speculated that the FBI had aimed at harassing the Puerto Rican legal movement to obtain independence for the U.S. territory.
On this last day of 2007, Law and Disorder will look at the stories that have taken civil liberties in this country many steps in the wrong direction. We start with the question of impeachment, what happened, why it stalled, we’ll look at damaging supreme court decisions and draconian legislation that took large bite out of the right to free speech and dissent in this country.
Co-host Michael Ratner enumerates several key stories of torture in 2007, including the destruction of the CIA videotapes, the Mahar Arar case, and the confirmation of Attorney General Michael Mukasey who says he’s not certain if water-boarding is torture.
Law and Disorder hosts then talk about the recent Supreme Court arguments regarding the remaining Guantanamo Bay Cuba detainees and the horrible failure to restore habeas corpus. This case may determine once and for all whether there is a constitutional right to habeas corpus – that is, a fair hearing before a real court – for everyone detained by the U.S. government at Guantánamo.
Increases in surveillance powers were also on the list of wrong-turn stories this year, co-host Heidi Boghosian points out the legislation that extends the Foreign Intelligence Surveillance Act. In the wake of Congress approving a dramatic expansion of U.S. warrant-less wiretapping powers, the Center for Constitutional Rights has argued that the NSA’s program is unconstitutional and should be struck down. The argument in CCR v. Bush comes after Congress and the Bush administration passed the Protect America Act of 2007 which broadly expands the government’s power to spy on Americans without getting court approval.
The 5-4 ruling that race cannot be a factor in the assignment of children to public schools. Free speech not an option for students regarding (Bong Hits For Jesus).
Campaign Finance Reform – The Supreme Court has thrown out part of the McCain-Feingold campaign finance law that placed restrictions on corporations and unions from buying television ads close to elections
The citizens’ ability to challenge government violations of the separation of church and state, Hein v. Freedom from Religion Foundation 5-4, the Justices ruled that taxpayers do not have standing to challenge the White House program on federal aid to faith-based organizations.
“One of the country’s foremost defenders of human rights and civil liberties, Michael Ratner has led the fight to demand due process for Guantánamo detainees, adequate safeguards against intrusive government surveillance, and an end to torture and extraordinary rendition.”
Leading constitutional scholars David Cole and Jules Lobel have published a critique of the Bush administration’s post 9-11 policies. It’s called “Less Safe, Less Free: Why America is Losing the War on Terror.”
They point out how less than one-tenth of the detainees in Guantanamo Bay have been found to have links to Al Qaeda or the Taliban. Not one of the 80,000 Arab and Muslim men who underwent Special Registration has been convicted of terrorism-related crimes. Meanwhile, the department of homeland security continues to spend tens of millions installing surveillance camera systems in and throughout US cities.
One review of “Less Safe, Less Free: Why America is Losing the War on Terror.” writes – – “ At home and abroad, the administration has cut corners on fundamental commitments of the rule of law in the name of preventing future attacks—from “water-boarding†detainees, to disappearing suspects into secret CIA prisons, to attacking Iraq against the wishes of the UN Security Council and most of the world when it posed no imminent threat of attacking us.â€
A Question of Impeachment is the title for the Culture Project’s ongoing event series this month and into December. Authors, actors and luminaries gather to explore and debate the case for impeachment of President Bush and Vice President Cheney.
Guests – Olivia Greer, Culture Project Producer and and Allan Buchman, Creative Director at the Culture Project.
Law and Disorder hosts talk with Daniel Ellsberg about his recent speech. Ellsberg, former Defense Department analyst who leaked the secret Pentagon Papers in 1971, describes to listeners a dire scenario if the Bush administration attacks Iran.
Excerpt from his speech – “If there’s another 9/11 under this regime it means that they switch on full extent all the apparatus of a police state that has been patiently constructed, largely secretly at first but eventually leaked out and known and accepted by the Democratic people in Congress, by the Republicans and so forth.
Guest – Daniel Ellsberg, served in the Pentagon in 1964 under Secretary of Defense Robert McNamara. He then served for two years in Vietnam working for General Edward Lansdale as a civilian in the State Department, and became aware that the Vietnam War was unwinnable.
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The National Lawyers’ Guild Calls for Demonstrations in Solidarity with Lawyers in Pakistan
Co-hosts Heidi Boghosian and Michael Smith speak with lawyers and activists on the street. The National Lawyers Guild, NYC-NLG Chapter, Center for Constitutional Rights, SALT, Alliance for Justice, have called for demonstrations at Pakistani Consulates in New York City, Washington, D.C., Chicago, San Francisco, Los Angeles & Boston in solidarity with Lawyers in Pakistan.
Speakers include NLG NYC Chapter President Daniel L. Meyers; Michael Heflin, Amnesty International USA; Jeannie Mirer, Secretary General, International Association of Democratic Lawyers.
The National Lawyers Guild demands that President Musharraf immediately withdraw the emergency declaration of November 3, 2007, the Provisional Constitutional Order No. 1 of 2007 (PCO), which suspends Pakistan’s Constitution. This declaration includes suspension of the right to life and liberty, freedom of speech, assembly and association, and equal protection of the law, all of which are guaranteed by the International Covenant on Civil and Political Rights.
James P. Cannon and the Origins of the American Revolutionary Left, 1890-1928 is meticulously and creatively researched. Palmer’s book situates American communism’s formative decade in the dynamics of a specific political and economic context, never losing sight of the mobilizations and militant strikes of the period. This study also locates this historical drama–to an unprecedented degree–alongside the personal life and particular experience of a native son of working-class radicalism. – University of Illinois Press
Guest – Bryan Palmer Canada Research Chair at Trent University and the editor of Labour/Le Travail. He is also the author of ten books, including Descent into Discourse and Cultures of Darkness.
I am writing this on November 13th. That day probably has little significance for most readers of this blog. But it is a day, as they say, that should live in infamy. On that date in 2001, two months after 9/11, President Bush issued Military Order Number 1.Read More . . . .
