CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
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Guantanamo Diary: Mohamedou Ould Slahi
The American offshore prison camp in Guantánamo, Cuba is still operating. After the attacks on September 11, 2001, it was set up as a place where neither American or international law would apply and where prisoners could be brought, tortured, detained forever, and never charged with a crime. Ten years ago, former President Obama promised to close the offshore prison when he ran for office. It remains up and running to this day. Mohamedou Ould Slahi spent 18 years of his life there. He was an electrical engineer from Mauritania in Africa and educated in Germany. He was 32 years old when he was apprehended in his home, taken to Jordan where he was tortured, then to Afghanistan, then to Guantanamo and 16 years later at age 48, he was released. He walked out of Guantanamo Bay Prison in October 2016 without being charged with a crime and returned to his native Mauritania.
While in prison in 2005 he wrote a memoir, in English, one of his four languages. His attorney Nancy Hollander had asked him to do it and she finally got it declassified in 2012 but with heavy redactions. It was made into a book, titled Guantánamo Diary, and published in 2015 and became an international bestseller.
In it, he describes how he was tortured in ways personally approved by then Defense Secretary Donald Rumsfeld. Torture is a criminal act under both US and international law. As many know, Rumsfeld has yet to be prosecuted.
Guest – Mohamedou Ould Slahi joins hosts from his native country of Mauritania where he is a writer. He is the author of Guantanamo Diary.
Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.
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Manhattan Neighborhood Network Supreme Court Case
Is a public-access TV channel run by private nonprofit corporation subject to the First Amendment? The Supreme Court will consider that question in a case involving the Manhattan Neighborhood Network or MNN. In 1991 MNN was designated to operate as a public-access channel in New York City. The Manhattan Borough President has no control over MNN but does pick two of its thirteen board members.
In 2012 Jesus Melendez, an occasional contributor to MNN, was suspended for trying to attend a board meeting. His associate Deedee Halleck then videoed him outside talking about the situation. MNN banned the video from airing. Melendez and Deedee brought a First Amendment claim against MNN asking if the network is a state actor for purposes of their First Amendment rights. The district court said no, noting that, while it was a close call, other circuits had concluded that privately run public-access networks were not state actors.
The Supreme Court hasn’t directly weighed in on this question although Justice Anthony Kennedy, in a 1996 concurrence in a case dealing with laws regulating content on public-access channels, wrote they should be considered state actors who run public fora and thus be subject to the First Amendment. Justice Clarence Thomas disagreed in his concurrence, writing that “franchising authorities require cable operators to create public access channels, but nothing in the record suggests that local franchising authorities take any formal easement or other property interest in those channels that would permit the government to designate that property as a public forum.”
Defenders of MNN claim, that while it’s possible that some public-access channels could be rightly called state actors, the Court should take the case to clarify the state-actor test and to review the Second Circuit’s unnecessarily broad opinion.
Guest – Deedee Halleck one of the plaintiffs in this case and among the top media activists. She’s co-founder of Paper Tiger Television and also the Deep Dish Satellite Network, the first grass roots community television network. She is Professor Emerita in the Department of Communication at the University of California at San Diego.
Guest – Attorney Paul W. Hughes, a partner in the law firm Mayer Brown’s appellate and Supreme Court practice. Paul has handled more than 200 appellate matters, more than 125 of which were in the U.S. Supreme Court. In 2017The American Lawyer named Hughes “Litigator of the Week” in connection with his immigration work.
Civil Liberties, Human Rights, Surveillance, Targeting Muslims, Torture, Truth to Power
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Death with Dignity
Seventy percent of Americans support the end-of-life option permitting qualified terminally ill people to end their lives through physician-prescribed medications. Despite this, forty-four states don’t have statutes outlining the procedure, and safeguards, for getting medications to hasten inevitable death.
Death with Dignity is a growing movement that works to ensure terminally ill Americans have the freedom to control their end-of-life options, including how they die. Its state-by-state campaign strives to change that.
California, Colorado, Hawaii, Oregon, Vermont, Washington and the District of Columbia have assisted dying statutes. They allow mentally competent, terminally-ill adult state residents to request and receive a prescription medication enabling them to die in a place and time of their choosing.
Guest – Mark Glaze is a strategist in public affairs, advocacy and politics. His clients have included the Open Society Institutes, the American Federation of Teachers, the Human Rights Campaign and Amnesty International. Mark is the former executive director of Everytown for Gun Safety, the nation’s largest gun violence prevention group. After the Newtown mass shooting the Wall Street Journal called him “the face of the gun control movement.”
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Strongmen
The spectacle and recent emergence of the strong man leader has been seen in a number of countries across the world, not only in the United States. We have witnessed the rise of Modi in India, Duterte in the Philippines, Erdogan in Turkey and Putin in Russia. In the 1920s and 1930s fascist dictators emerged in Germany, Spain, Portugal, and Italy. These men were monsters. The new kind of strongmen are not fascist dictators, but monsters nonetheless. We welcome professor Vijay Prashad who has edited and introduced the recently published book titled Strongmen. The book is a collection of five essays, some of them in the form of a fable, which explains the phenomena of the strong men.
Guest – Professor Vijay Prashad, is the executive director of Tricontinental: Institute for Social Research. He is the author and editor of several books, the most recent is titled Red Star Over the Third World.
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Guantanamo, Military Tribunal, Political Prisoner, Prison Industry, Targeting Muslims, Torture
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Mumia Abu-Jamal Update October 2018
Last week, attorneys for Mumia Abu Jamal argued in court that conflicts of interest led to unfair rulings against him in his longstanding case. As many know, Abu-Jamal was sentenced to death for the 1981 killing of Philadelphia police officer Daniel Faulkner. The case was riddled with constitutional violations, and his sentence was later commuted to life in prison without parole.
Recently, in the wake of the U.S. Supreme Court’s decision in Williams v. Pennsylvania, Mumia’s attorneys argued that his rights were violated after former district attorney Ron Castille failed to recuse himself in an appeals decision. At the time Castille was a state Supreme Court judge.
Judge Leon Tucker had asked the Philadelphia district attorney’s office to produce an internal memo that might show Castille— back when he was city district attorney — had direct involvement in pursuing Abu-Jamal’s death sentence. If he did, his later denial as Supreme Court justice of Abu-Jamal’s appeal, could be deemed biased.
Defense attorney Judy Ritter said: “Justice Castille has shown himself to be involved in this case, to be biased against a certain class of cases that our client falls into.” The Commonwealth argued that as district attorney, Castille was simply doing his job.
“It’s nothing remarkable that a DA would send a letter to the governor asking him to sign death warrants which the governor was required to do,” said attorney Tracey Kavanaugh. Emotions ran high, both inside and outside of the courtroom. Maureen Faulkner, the widow of Daniel Faulkner, stood up and cried in the middle of court proceedings when the judge announced that both sides would need to wait until December for any possible closure in the case. Presiding Judge Leon Tucker has indicated that he will make a ruling in the case some time after December 3, 2018.
Guest – Professor Johanna Fernandez, is a native New Yorker. She received a PhD in History from Columbia University and a BA in Literature and American Civilization from Brown University. Professor Fernández teaches 20th Century U.S. History, the history of social movements, the political economy of American cities, and African-American history. She has previously taught at Carnegie Mellon University in Pittsburg, PA and Trinity College in Hartford, CT and is, most recently, the recipient of a Fulbright Scholars grant to the Middle East and North Africa that will take her to Jordan in spring 2011, where she will teach graduate courses in American History. She is with the Campaign to Bring Mumia Home.
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In Response to Pittsburgh, We Must Come Together as One
Last week, acts of hatred claimed the lives of 13 innocent persons in the United States. A white supremacist killed two African American persons in Kentucky. An anti-semite killed 11 Jewish persons in a synagogue in Pittsburgh where even more were wounded, including first responders and police officers.
Not surprisingly, the slaughter of the 11 Jews brought forth calls of the need for a strong Israel; the same response that followed anti-Semitic killings in France and Brussels.
It also inflamed political and theological differences between Israelis and American Jews. Israel’s Ashkenazi chief rabbi avoided saying “synagogue” because it is not Orthodox, but Conservative, a liberal branch of Judaism — because it is not Orthodox, but Conservative, one of the liberal branches of Judaism rejected by religious authorities who define the state’s Jewishness.
The attacker’s anti-refugee, anti-Muslim rants prompted some on the Israeli left — like many American Jewish liberals — compare the views of nationalistic leaders who influence their governments.
In Israel, longstanding animosity between left and right has escalated. Orthodox parties are hoping to increase their influence and Jewish law on day to day life; disputes about who cdan serve in the military and what stores can open on the Sabbath are rampant.
Guest – Phyllis Bennis is a fellow of the Institute for Policy Studies, where she works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.
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VICTORY: How Pennsylvania Beat Gerrymandering and How Other States Can Do the Same
An important victory against gerrymandering was recently won in the State of Pennsylvania in the case of League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania.
The first paragraph of the complaint lays it out. “This case is about one of the greatest threats to American democracy today: partisan gerrymandering. A partisan gerrymandering occurs when the political party in control of redistricting redraws congressional or state legislative districts to entrench that party in power and prevent voters affiliated with the minority party from electing candidates of their choice. The result is that general election outcomes are rigged – they are predetermined by partisan actors sitting behind a computer, and not by the voters.“
In Pennsylvania although the Democrats have more supporters than the Republicans Republicans had 13 seats in the US Congress and the Democrats had only five.
The U. S. Supreme Court has not been willing to rule on gerrymandering taking the position that there is no clear way to determine if there has been gerrymandering and therefore it is a non-judicable issue.
To get around this in 2018 Pennsylvania activists engineered a brilliant legal effort in the the state courts of Pennsylvania to attack the lopsided redistricting, and won after fighting pitched battles all the way up to the state Supreme Court. Now activists around the country can do the same. The next congressional redistricting occurs after the 2020 census: progressive need to be ready well before then.
We speak today with constitutional litigator James R. Lieber who has provided a real time report on effective trial lawyers, working to facilitate the will of the people. He explains the strategies of counsel and the evidence presented and has provided a roadmap to social justice litigants for pursuing constitutionally protected claims in state court based on the state constitution and avoiding federal review.
Guest – Attorney James B. Lieber is the author of 3 previous books, and a lawyer who focuses on constitutional, civil rights, and discrimination cases. He has won two cases before the U. S. Supreme Court and is widely published in magazines of national stature.
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Civil Liberties, Criminalizing Dissent, Crony Capitalism, Human Rights, Prison Industry, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Chris Hedges – America: the Farewell Tour
We are living in terrible times. Novelist Barbara Kingsolver has said that “it feels like the end of the world.” Last week hurricane Michael destroyed much of the Florida Panhandle. Before that hurricanes decimated Puerto Rico and before that Houston and before that New Orleans. Climate scientists predict it will only get worse and that we are rapidly running out of time to hold the disaster.
Many people have observed that Trump is a symptom, not the disease. The insurgency in the Republican Party has installed a purposeful, strategic and successful ultra right into power in all three branches of the Federal government and in the legislatures of half the states.
The war in Afghanistan has been pursued for 17 years. Iraq and Libya have been destroyed. The military budget was increased by 10% and is now some $700 billion a year, half of what the government spends all together. Are we on the verge of climate catastrophe, a great economic crash, or the end of the American empire?
Guest – Chris Hedges has written 11 books including the recently published America: the Farewell Tour. Although he is a recipient of the Pulitzer Prize for journalism, Chris Hedges was pushed out of the New York times where he was reporter for publicly criticizing the Iraq war. Pulitzer-Prize winning author and journalist. He was also a war correspondent, specializing in American and Middle Eastern politics and societies. His most recent book is ‘Death of the Liberal Class (2010). Hedges is also known as the best-selling author of War is a Force That Gives Us Meaning (2002), which was a finalist for the National Book Critics Circle Award for Nonfiction.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Crony Capitalism, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Attorney Michael Tigar: The Mythologies of State and Monopoly Power
The American criminal justice system is buttressed, sustained and perpetuated by various myths. These myths dominate legal ideology. The most important of these myths concern racism, criminal justice, free expression, workers’ rights, and international human rights. “Ordinary private law categories of property, contract, and tort perform the same social function,” Michael Tigar writes in his important new book “Mythologies of State and Monopoly Power.“
Michael Tigar has worked for more than 50 years with movements for social change as a human rights lawyer, law professor, and writer. He believes that busting these myths is the work of movement lawyers.
Noam Chomsky has written that “for anyone concerned with the rule of law, or more generally with the real significance of freedom and justice, Michael Tigar’s book is “a highly informed and carefully argued study that should be essential reading.”
The book is beautifully written, learned, and profoundly insightful. In a better world Michael Tigar would be a justice of the United States Supreme Court.
The Michael Tigar Papers Launch University of Texas
Tigarbytes.blogspot.com
Guest – Michael Tigar, emeritus professor of law at Duke University and at Washington College of Law. He has been a lawyer working on social change issues since the 1960s. He has argued numerous cases in United States Supreme Court and many Circuit Courts of Appeal. His books include “Law and the Rise of Capitalism”, “ Fighting Injustice ”, and the forthcoming Mythologist of State and Monopoly Power.“
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Civil Liberties, Criminalizing Dissent, Human Rights, Hydraulic Fracturing, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Torture, Truth to Power
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Green Party Candidate for New York Governor: Howie Hawkins
Former United States President Jimmy Carter has pointedly observed that the United States is not a democracy, it is an oligarchy. That is, it is a country ruled by a handful of rich people, the 1%, at the expense of the vast majority, the 99%, the famous description by the Occupy Movement.
The political and ideological mechanism for keeping this state of affairs Is the two party system in the USA, which in reality, as independent presidential candidate Ralph Nader has written, is really one party of big business with two wings, the Republicans and the Democrats.
Although the two party system was not mentioned in our constitution, state laws make it extraordinarily difficult for a third, independent, party to get on the ballot. Their ideas receive little media exposure reinforcing their exclusion.
This lack of the political process even as we are witnessing a radicalization, especially among young people, has led to a discussion on the left among socialists, democratic socialist, and progressives generally about how to move forward. The main question being debated is “do we support socialists who run on the democratic party ticket“ or do we stay independent of the democratic party or, do we work both inside and outside of the Democratic Party? Ballot Access News
Guest – Howie Hawkins, retired teamster from Syracuse, New York and the Green party candidate for New York governor. He previously ran as a The Green Party’s gubernatorial candidate in 2010 and 2014. During the later campaign he received 5% of the vote. He is the author of the recent article “the case for an independent left party: from the bottom up.“. It was published in Black Agenda Report.
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Nationwide Prison Strike 2018
Slavery never ended, human rights attorney Bryan Stevenson has observed, it just evolved. One form of this evolution is the huge number of African-American men in America’s prisons and the conditions of their confinement.
More than half of America’s 2.3 million prisoners are African-American. Many prisoners, black, brown, and Latino, went on strike on August 21. The strike ended on September 9, 2018. The prisoners did work stoppages, sit-ins, commissary boycotts , and hunger strikes to demand major reforms to our country’s prison and criminal justice systems. They demanded humane living conditions, access to rehabilitation, sentencing reform, and an end of what they termed “modern day slavery.“
Guest – Paul Wright, founder and Executive Director of the Human Rights Defense Center. He is also the editor of Prison Legal News, the longest running independent prisoner rights publication in US history. A former prisoner himself, Paul Wright was behind bars for 17 years in the state of Washington until his release in 2003.
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