Civil Liberties, Supreme Court, Surveillance, Truth to Power
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Laying the Foundation of a Police State – Part III Surveillance and Criminalizing Dissent
Since the summer of 2004, Law and Disorder has brought Pacifica listeners the voices of activists, authors and attorneys from the front lines.
Last week, and in the next three weeks, we examine in a four part series, the foundation for what many view as a police state in the United States. In this series we 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.
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 third part of the series we look at several key issues in the crackdown of dissent in this country including how the government has set up a terrorist database to categorize and target domestic activists. As attorneys on the front lines we bring exclusive cases of domestic surveillance of protestors. In previous shows, Law and Disorder has covered the lawsuits involving NSA wiretapping of phone calls and emails by the Center for Constitutional Rights, EFF and the ACLU. We talk with the ACLU’s Michigan Legal Director about their NSA lawsuit and recent victory
Here on Law and Disorder we’ve covered, directly and indirectly, the resurgence of domestic surveillance since the events of September 11. We’ve seen how the government has loosened restrictions on spying on political activists, both locally and nationally. We’ve seen how this administration has exploited the term “terrorism” to justify a host of insidious and often unlawful practices, from engaging in mass arrests of peaceful protesters in order to collect information about their political affiliations, to categorizing and labeling individuals based on their ideologies, to assembling all this information into a comprehensive terrorism watch list called the Terrorist Screening database.
Co-host Michael Ratner, President of the Center for Constitutional Rights recently returned from Berlin after filing a 380 page complaint in German against former Secretary of Defense Donald Rumsfeld and other Bush Administration officials with war crimes. Read the CCR complaint – documents.
List of International Stories on Google News
NSA’s massive wiretapping program.
Hosts discuss recent Michigan ACLU lawsuit victory against NSA spying.
In the first federal challenge ever argued against the Bush administration’s NSA spying program, U.S. District Court Judge Anna Diggs Taylor rules that the program to monitor the phone calls and e-mails of millions of Americans without warrants is unconstitutional. Calling for a halt to this abuse of presidential power, Judge Taylor states that “there are no hereditary Kings in America and no powers not created by the Constitution,” so all the president’s “inherent powers” must derive from the Constitution.
Guest – Michael J. Steinberg has served as the legal director of the American Civil Liberties Union of Michigan since 1997 where he has worked on numerous high-profile impact cases on a wide range of civil liberties and civil rights issues. He has served as co-counsel on several post-9/11 cases including: the successful Detroit lawsuit challenging the National Security Agency’s warrantless domestic wiretapping; the challenge to Section 215 of the Patriot Act; and the successful challenge to John Ashcroft’s order closing certain immigration proceedings to the press and the public.
Brandon Mayfield Case
In May of 2004, the FBI arrested Mayfield as a material witness in connection with the Madrid bombing attacks and held him for over two weeks before releasing him. Mayfield was never charged, and an FBI internal review later acknowledged serious errors in their investigation.
Guest – Steven Wax, Federal Public Defender for Oregon. FBI apologizes to Oregon Lawyer
Tracked in America – Konstanty Hordynski
UC Santa Cruz Students Against War have turned up on a Pentagon database of protest groups, while a conference of Arab-American scholars at Stanford University was targeted by an FBI Task Force. Konstanty Hordynski, a member of the UC Santa Cruz group that was deemed a “credible threat” by the Pentagon remarked, “When I learned our constitutionally protected advocacy was included on a Pentagon list of monitored events, I was taken aback. I was saddened that the Constitution could be so easily ignored.”
Criminalizing Dissent – Law and Disorder Exclusive
National Lawyers Guild Attorney and Students Investigate Extensive Protestor Database
Today we’d like to connect some of the dots by talking about a companion database, the FBI’s Violent Gang and Terrorist Organization File, or VGTOF. The VGTOF is the Watchlist’s main source of domestic terrorist information. Among other information, the VGTOF includes names of individuals with no criminal history who are being investigated as being politically active or connected with politically active organizations. In 2002 the FBI memo stated that it will include “Anarchists, Animal Rights Extremists, Environmental Extremists, and domestic extremists. Official never have to justify the decision to place someone on the list, a list that can be accessed by virtually every law enforcement official with whom the person comes into contact.
Guests – Attorney Gideon Oliver and law students Grainne O’Neill and Mark Taylor.
Extraordinary Rendition, Supreme Court, Surveillance, Torture, Truth to Power, Uncategorized
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Update – Donald Rumsfeld Resigns
Examining the Foundation of a Police State: Tracking the Disappeared
In this second part of this four-part series, we take a look through the eyes and experiences of our guest attorneys representing “enemy combatants” indefinitely detained in this country and abroad. You’ll hear their first hand accounts of deplorable conditions and torture techniques implemented under the umbrella of twisted legislation.
Rather than setting up a narrow intelligence-based effort to prosecute the perpetrators of a criminal action, the Bush administration exploited the tragic events of 9/11 as an excuse to cast a broad net used to justify the demonization of all Muslims. This, as the use of CIA torture techniques sent shock waves rippling through the conscience of all Americans. You will get the sense of how the US government has institutionalized racial profiling, detention prisons, and torture in its fervent effort to implement the so called war on terror.
In the third part of this series we’ll look at the crackdown of dissent in this country, including how the government has set up a “terrorist” database to categorize and target domestic activists. As attorneys on the front lines we bring you exclusive cases of domestic surveillance of protestors. Our final episode will be devoted to the unjust and illegal war in Iraq. We believe that taken together, the four-part series reveals how the plans for a police state and martial law are being cemented. Law and Disorder will call 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.
Since the attacks of September 11, 2001, the United States government has held hundreds of men at Guantanamo Bay as part of its ‘global war on terrorism.’ However, the secrecy and questions about the legality of the imprisonments have drawn concern from lawmakers, foreign governments and human rights groups. The indefinite detentions without trial are seen by many as violations of the Geneva Conventions, they inspire anti-Americanism, and infringe upon the very foundations of our civil rights.
Guest – Gita Guitierezz – attorney with the Center for Constitutional Rights defending Guantanamo Bay detainees. Gita has made more than 10 visits to Guantanamo Bay and has represented prisoners such as Mohamed Mani Ahmad al-Kahtani.
Jarallah Al-Marri
Al-Marri, a 32-year-old father of three, and Qatar citizen. He was taken into custody during an early morning raid in Pakistan in December of 2001, just months after the U.S. attack on Afghanistan. He then spent the next several weeks at the US Air Force Base in Bagram, Afghanistan. Al-Marri has since spent four years in Guantanamo Bay military prison mostly in solitary confinement. For nearly two years his only human contact has been with interrogators, prison guards and our guest Jonathan Hafetz.
Guest – Jonathan Hafetz, associate counsel at the Brennan Center for Justice at NYU School of Law. He is an expert on the history of habeas corpus. His articles and legal briefs on habeas corpus are widely cited by scholars and courts, including the U.S. Supreme Court. Mr. Hafetz’s legal practice focuses on the detention of enemy combatants and other issues of executive power.
Hafetz says Al-Marri interrogators slammed his head into a concrete wall, hit him with a 2-by-4 foot piece of wood, and forced him to remain in physically painful positions for long periods of time.
Jose Padilla
Jose Padilla was first detained in 2002 at Chicago’s O’Hare Airport after he returned from a trip to Pakistan. At the time Attorney General John Ashcroft warned the government had “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive “dirty bomb.” President Bush declared he was an enemy combatant who could be jailed in solitary confinement indefinitely without charges – even though he was a U.S. citizen. Only recently have the “dirty bomb” charges been dropped.
Guest – Andy Patel, one of the attorneys representing Jose Padilla.
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, Guantanamo, Surveillance, Torture, Truth to Power
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Law and Disorder hosts welcome back co-host Dalia Hashad. Dalia describes experiences while on a “Taser Tour” through the UK with Amnesty International, an effort to bring awareness among Scottish law enforcement about the use and physical hazards of Taser weapons.
Law and Disorder Taser series – Part 1, Part 2, Part 3
Tracked In America
Here on Law and Disorder we will be showcasing the voices from a documentary project called Tracked in America. The project introduces the stories of 25 individuals who have been targeted by the US government. The stories span from World War I to the post-9/11 reality. This week, Law and Disorder hosts talk with Eric Shaw.
As covered extensively on Law and Disorder, the post-9/11 period has seen a dramatic expansion of government surveillance. Law enforcement has received extensive funding for this purpose. With little regulation and poor understanding of constitutional protections, the authorities have overstepped their bounds, especially in monitoring political activity. Eric Shaw is one of those citizens monitored by the US government.
Eric Shaw joined the U. S. Marines to foster those ideals at home and abroad and when he returned to civilian life years later, he lost respect for the U.S. government during the buildup to the 2003 U.S. invasion of Iraq.
In this interview Eric describes how he organized anti-war demonstrations and the intimidating surveillance tactics. He was stunned when riot police shot at him and other peaceful protesters at a very well known demonstration in Oakland, California but Shaw refuses to be silenced.
Boston subway search policy – No Probable Cause?
The Massachusetts MBTA recently enacted a search policy whereby transit police can search any passenger on the public transit system for any kind of device or substance that could be used as a weapon. They can use canine units to sniff through your belongings, electronic scanners and perhaps most frightening, they can do so without probable cause.
In response to this new search policy, volunteers have formed the Safe-T Coalition to education commuter at selected subway stations about how this recent policy severely infringes our civil liberties. The “T” is what Bostonians call their transit system. The coalition is handing out informational fliers and buttons that read “I Do Not Consent to a Search.”
Guest – Jeff Feuer, co-chair of the Massachusetts Chapter of the National Lawyers Guild.
A Question of Torture – Al McCoy – Station Affiliates
We hear an excerpt from the nearly one hour interview Law and Disorder co-hosts Michael Ratner and Michael Steven Smith conducted with author Al McCoy.A Question of Torture is a revelatory account of the CIA’s secret, fifty-year effort to develop new forms of torture, historian Alfred W. McCoy uncovers the deep, disturbing roots of recent scandals at Abu Ghraib and Guant?namo. Far from aberrations, as the White House has claimed, A Question of Torture shows that these abuses are the product of a long-standing covert program of interrogation.
Developed at the cost of billions of dollars, the CIA’s method combined “sensory deprivation” and “self-inflicted pain” to create a revolutionary psychological approach—the first innovation in torture in centuries. The simple techniques—involving isolation, hooding, hours of standing, extremes of hot and cold, and manipulation of time—constitute an all-out assault on the victim’s senses, destroying the basis of personal identity.
Lynn Stewart Sentencing – WBAI listeners
An afternoon in front of the Daniel Patrick Moynihan Courthouse awaiting Lynne Stewart’s sentencing
Law and Disorder brings you the voices, attorneys and Lynne Stewart’s first statements following her sentencing from the steps of the courthouse near Foley Square in downtown Manhattan, New York City. Hundreds of Lynne Stewart supporters were corralled into a pen on the sidewalk and you’ll hear police shouting at supporters. We begin with comments from demonstrator Irene Sadek, Lynne Stewart supporter – Law and Disorder co-hosts Michael Smith and Michael Ratner, excerpts from the Lynne Stewart press conference and conclude with amazing details from inside the courtroom in an exclusive Law and Disorder debriefing of attorney Jeff Mackler.
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, Extraordinary Rendition, Surveillance, Truth to Power
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Freelance journalist Josh Wolf recently spent a month in jail for refusing to comply with a grand jury subpoena to turn over video footage he took at a rally this past July in opposition to the G8 economic summit in Gleneagles, Scotland. The grand jury is investigating a police car incident from the protest. Neither incident was shown in footage that local television stations purchased from Wolf for their broadcast. Wolf claimed a journalist’s right to withhold unpublished material and well as confidential sources. Although he offered to show the tape to the judge who held him in contempt, but the judge would not accept that offer.
Law and Disorder caught up with Josh Wolfe hours before he was to have turned himself in to the Federal Correctional Institution in Dublin. After we spoke to him he was given a two-day extension before he returns to prison for possibly nine months or more.
Attorneys for Wolf, hope to keep their client free while he appeals the case. They plan to ask the full Ninth Circuit appeals court in San Francisco next month to review the case and may also take the case to the U.S. Supreme Court.
In his argument for revoking bail, prosecutor Jeffrey Finigan wrote that Wolf must be jailed because the “coercive intent behind the recalcitrant witness statute is lessened with each passing day.” A journalist’s rights to withhold unpublished material and to defend his sources are protected by California’s shield law, but that law does not apply in federal court.
Law and Disorder also spoke with Tim Karr Campaign Director with Free Press about Josh Wolf’s case, shield laws for journalists and the first amendment implications of the case. Karr oversees Free Press campaigns and outreach efforts, including campaigns on public broadcasting and noncommercial media, fake news and propaganda, journalism in crisis, and the future of the Internet.
Co-host Michael Ratner tells how he argued the case in 1971 that ultimately help create journalist shield laws in New York City. It started when police arrested WBAI station manager Ed Goodman for refusing to turn over taped statements by rebelling prisoners at the “Tombs,” the New York City jail. Pacifica Timeline
On July 31 2006, Fidel Castro delegated his duties as President of the Council of state, first secretary of the Cuban Communist Party and the post of commander in chief of the armed forces to his brother Raúl Castro. Many say the transfer of power is temporary as Castro recovers from intestinal surgery. We look beyond the US media spin at the governmental institution of Cuba and the 46 year old war United States has waged against the communist island.
Guest – Peter Roman, professor and political scientist who teaches at Hostos Community College in New York and author of a number of books including People’s Power: Cuba’s Experience With Representative Government.
This multi-layer book examines the historical and political origins of the theory of People’s Power that underpins the Cuban experience.
