Law and Disorder November 29, 2010

Updates:

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Afghanistan Invasion/Occupation To End Beyond 2014

Thousands took to the streets of London last week to protest against the war in Afghanistan and Iraq, as Nato leaders agreed a strategy to withdraw their troops from the country. US President Barack Obama was expected to announce an exit strategy from Afghanistan at the NATO summit in Lisbon, instead he postponed troop withdrawal beyond 2014. Vice President Joe Biden told one media source “Daddy is going to start to take the training wheels off in October — I mean in next July, so you’d better practice riding.”

Jerry Gordon:

  • End date 2014, there’s nothing firm about it. “2014 is a goal not a guarantee.”
  • Everything is tentative, nothing is concrete. They are pursuing what has been called an “endless war.”
  • what is less known is the US Government supported the Taliban, because their priority was a stable government in Kabul, that would permit the construction of a pipeline.
  • They needed a pipeline to transfer these giant hydro-carbon reserves, we’re talking about 206 trillion cubic feet of natural gas and 60 to 200 billion gallons of oil reserves.
  • This was all before 2001, it was planned. There’s plenty of evidence. There’s a long speech in the Congressional Record in 1998 about the critical importance of building a new pipeline in Afghanistan.
  • This is all geo-political and economic, it’s empire building.
  • It became converted into a war on terror, after 9/11.
  • At the same time there’s no money to pay unemployment compensation and all the urgent social needs at home to put people back to work
  • The anti-war movement needs to reiterate the origins of the war and the rationale.
  • There’s no draft, only a small percent of the population has placed Afghanistan at the top of the priority list.
  • Past anti-war movements: We had a mass base among the students. We need to tie the war to the economic crisis, bring the war dollars home.
  • Rethink Afghanistan: Destroys Failed Logic of War by Jeremy Scahill
  • When they kill leaders, they get replaced, and it generates recruiting among the insurgents.
  • US Law Labor Against the War was able to get the AFL-CIO to take a position of rapid withdrawal from Iraq.
  • Our biggest problem in terms of constituencies, we do not have a mass base. It’s the students the labor movement and the religious community. Everything is imploding in this country.
  • Contact Jerry Gordon – natassembly(at)aol.com

Guest – Jerry Gordon,  the main organizer of the well attended anti-war conference in Albany last summer.  He was the leader in the anti-Vietnam movement and recently retired from the SEIU.

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CAIR Files Suit Against Oklahoma Vote Opposing Sharia Law

In November, 70 percent of Oklahoma approved ballot initiative “Question 755? — or the “Save Our State” constitutional amendment — which bans Sharia from being considered in Oklahoma courts. The ballot states that Oklahoma courts must “rely on federal and state law when deciding cases” and forbids them from “considering or using international law” and “from considering or using Sharia Law.”

Recently, Muneer Awad, executive director of CAIR-OKC filed a lawsuit challenging the constitutionality of State Question 755, and an Oklahoma City judge extended a temporary ban on implementation of a constitutional amendment.  U.S. District Judge Vicki Miles-LaGrange said she will rule after weighing the issues. Muneer Awad, who is Muslim says the amendment demonizes his faith.
Muneer Awad:

  • Labeling Islam as a unique threat to Oklahoma courts. It was a clear message that Islam is a threat to Oklahoma.
  • I think what happened is a handful of politicians realized that Islamophobia is politically popular.
  • I can count on one hand how many politicians didn’t vote to put this on the ballot.
  • Those politicians were attacked during the campaign as being people that wanted to bring Sharia to Oklahoma so terrorists can use Islamic law in our courts
  • If we don’t act now our state will be in peril. There are politicians that deliberately misinform people, that deliberately lie to people in order to gain political popularity in the polls.
  • There are a number of non-Muslim Oklahomans that are concerned by State Question 755 and the perception and effect it has on Oklahoma.
  • We’re trying to remind people that this isn’t a reasonable conclusion people made after a lot of thought and reasonable research. These were people that were misled by politicians that have lied to us.

Guest – Muneer Awad, executive director of CAIR-OKC

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The Mendacity of Hope: Barack Obama and the Betrayal of American Liberalism.

In a scathing attack from the left, former editor in chief of Harper’s magazine, Roger Hodge offers a powerful critique of President Barack Obama in his new book, The Mendacity of Hope: Barack Obama and the Betrayal of American Liberalism. Hodge articulates what many of listeners may already know. President Obama has served the corporate masters. Hodge draws a list of examples, such as cheerleading globalization, designing a health care plan where insurance companies make a killing, extrajudicial assassination of American citizens, boundless state secrecy, and unlimited corporate bailouts, to name a few.
In explaining the book, Hodge told Harper’s magazine in an interview, he used 18th century reflections to James Madison, whose philosophy aligned with republicans such as Machiavelli and James Harrington in the argument that a moderate balance of wealth must be maintained, that too great a distinction between the rich and poor would naturally lead to the decay of republican governance.

Roger Hodge:

  • Obama’s most enthusiastic supporters have really been lying to themselves.
  • Part of the book is an argument against this tendency for people to deny what’s going on right in front of them.
  • We ran a piece in Harper’s by Ken Silverstein, a great investigative reporter who argued, this guy is a conventional machine Democrat.
  • He set up shop. Come to me corporate America with your problems and I will try to solve them.
  • You listen to this inspiring rhetoric, if you look at it on paper, there wasn’t a lot of content there.
  • When it comes to an Obama / McCain-Palin – there’s an arguement to be made constitutionally we might be better off with the Republicans.
  • Corporate backers: FIRE sector. Finance/Insurance/Real Estate.
  • The number one corporate backer was Goldman Sachs. Goldman Sachs collectively gave Obama, almost 1 million dollars but invested only 230 thousand dollars for McCain.
  • Obama’s backers also included, Morgan Stanley, Citi-Group is up there with 750 thousand, JP Morgan Chase . . they don’t do this out of the goodness of their hearts.
  • They expect to get something, and as we saw in the rolling bailouts, the financial sector got tremendous return on investments.
  • Democratic think tanks set the stage for the financial crisis that we’re still living through, by deregulating finance, by breaking down the New Deal protection, repealing the Glass-Steagal Act, and deregulating derivatives with the Commodities Futures Modernization Act.
  • The old idea, that unfortunately is still with us, that the democrats are the liberal party, the party of the common man who are fighting the big business bad guys in the Republican party is really a myth, and it’s a pernicious myth.
  • Health Care was a bailout for the insurance companies, Obama and his team always saw that as a bargaining chip, they never really planned on pushing that through. Having health insurance does not guarantee health care.
  • Rahm Emanuel, this is a guy without principles, he’s all about winning and raising money.
  • You can say, at least he’s tough, but he didn’t fight for anything worth fighting for.
  • A president surrounds himself with people who are ill-liberal, who are completely compromised by their connections with Wall Street.
  • We have to gain some leverage over our representatives.  It’s a real double bind. People don’t want to reckon with the sheer awfulness of the our political culture.

Guest – Roger Hodge, former editor of Harper’s Magazine from March 2006 through January 2010. Hodge attended the University of the South, where he majored in comparative literature. He began graduate work at the New School for Social Research and completed a master’s degree in philosophy, but joined Harper’s before finishing his dissertation. Hodge first came to Harper’s as an intern in 1996 and was subsequently hired as a fact checker. Hodge edited the Harper’s Reading section from 1999 until 2003.

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Law and Disorder November 15, 2010

Updates:

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Drone Based Targeted Killings of U.S. citizens. Anwar Al-Aulaqi

Can the Obama Administration or any future administration use lethal force against US citizens who the executive office unilaterally determines as a threat to the nation? Not yet, but in recent government arguments, in the Anwar Al-Aulaqi case, the executive branch would have unreviewable authority to carry out targeted killings of Americans deemed to be enemies of the state. The ACLU and the Center for Constitutional Rights filed a lawsuit in the U.S. District Court for the District of Columbia on August 30, and the government filed its reply brief on September 25.

The ACLU and CCR were retained by Nasser Al-Aulaqi to bring a lawsuit in connection with the government’s decision to authorize the targeted killing of his son, U.S. citizen Anwar Al-Aulaqi, whom the CIA and Defense Department have targeted for death.

Pardiss Kebriaei:

  • This will be our first chance to defend our motion for a preliminary injunction and respond to the government’s arguments.  The sum and substance of the government’s arguments is that there should be no rule for the court at all in the question we presented. Whether the government has authority to execute one of its citizens without any kind of due process.
  • There should be absolutely no judicial review at all. They have not got into the merits of why they believe they should have this authority.  They assert the US is involved in a global war against Al-Qaeda, by virtue of the war the US has the ability to target any suspect of Al-Qaeda.
  • Outside of Iraq and Afghanistan, the question of whether armed conflict exists, is a factual objective question. It’s not a matter of which the president declares and that the level of hostilities and the organization of groups in Yemen are just not such that they to the level of war.
  • Anwar Al-Alwaqi is not Al-Qaeda, he is associated with Al-Qaeda.
  • The US is not only claiming broad authority geographically but global authority in terms of any and all groups they deem somehow linked to Al-Qaeda.
  • They’re claiming AUMF but they’re also claiming a very vague principle of self defense which is tricky. They are claiming self defense under article 51 of the UN charter.
  • They’re going around criminal law and claiming un-reviewable authority to carry out global assassination. This is an escalation of what we saw under the Bush Administration with global detention authority, this is global killing authority.
  • The authority could reach any citizen they deem a threat to national security. It could reach someone in the United States, the full contours of the government’s arguments would be that the decision to kill is for the executive to determine and that should be an un-reviewable decision.
  • The mechanized disconnected nature of the killing is alarming, both by an accountability point of view and a moral point of view.
  • The drone project is operated by the CIA and by a covert unit in the Department of Defense called the Joint Special Operations Command.
  • Documenting them is incredibly hard, but yet you have the expansion of the war and killings, in this shadow war way. You have this parallel secret war being conducted by the CIA and JSOC largely through the use of unmanned drones. What we have here is the pre-determination of the ability to kill.
  • There’s been a steady increase of rhetoric about Yemen and an escalation in the language of war.

Guest – Pardiss Kebriaei, she joined the Center Constitutional Rights in July 2007. Since then, her work has focused on representing men detained at Guantánamo Bay in their habeas corpus challenges, before international human rights tribunals, in diplomatic advocacy with foreign governments to secure resettlement for men who cannot return home, and in post-release reintegration efforts. Her clients have included men from Yemen, Syria, Algeria, and Afghanistan. Her work includes seeking accountability for torture and arbitrary detention at Guantánamo.
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Justice On Trial: Documentary on Mumia Abu-Jamal

We’re pleased to have with us today the director Kouross Esmaeli of the new documentary Justice On Trial. The film focuses on the case of Mumia Abu-Jamal, one of the most scrutinized and contested legal cases in American history. Justice on Trial examines the facts of the case, the judicial bias, racial discrimination in jury selection, prosecutorial misconduct and tampering with evidence to obtain a conviction. The injustices and problems in Mumia’s case as many listeners know, are common within the criminal justice system in the United States.

Kouross Esmaeli:

  • I tried to get an interview with the wife of the police officer who was killed on the night of December 9, 1981
  • I thought it was important to show what drives that side  I came to realize that Tigre Hill was making a film (about Mumia, titled Barrel of A Gun) that was propaganda for the other side.
  • We had to make sure that film doesn’t become the voice of the nation.
  • (Film includes photos 12 minutes after shooting occurred)
  • The photos were discovered by an activist and scholar in Germany.  He found them online, Michael met the photographer in the US, and realized there were 22 photographs from that night.
  • They were offered to the prosecution, they refused.
  • What the photographs show is incredible, they show a roving police hat.
  • Officer Faulkner’s hat is placed in different spots on the crime scene.
  • They show police handling the gun that was supposedly used in this crime. Handling it without gloves.
  • There’s this push to kill Mumia and silence him physically. I’m interested to know what drives these people.
  • For a screening in your area contact – – Kouross by email – – Kouross@bignoisefilms.org

Guest – Kouross Esmaeli, independent filmmaker and journalist.

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Final Verdict : What Really Happened in the Rosenberg Case.

In 1965, Walter and Miriam Schneir published Invitation to an Inquest, it was among the first critical accounts of the Julius and Ethel Rosenberg case. They were executed in 1953 for passing atom bomb secrets to Soviet Russia. In that book the Schneirs presented exhaustive evidence that key witnesses in the trial had changed their story after prompting from prosecutors. Their conclusion was, the Rosenbergs were innocent. Now after 30 years, Walter Schneir returned to the case with new evidence. Schneir had found that Julius Rosenber was marginally involved in the atom bomb spy ring and Ethel wasn’t involved at all. However they both lied about not knowing about espionage because of their earlier activities in World War II. All of this unravels in the Final Verdict : What Really Happened in the Rosenberg Case.

Miriam Schneir:

  • The case began in 1950, 60 years ago. American cities were vulnerable to nuclear attacks. In that climate the Rosenbergs were arrested. The legal charge was conspiracy to commit espionage. During the trial, they were charged with stealing the secrets of the atomic bomb.
  • The principle witnesses were Ethel Rosenberg’s brother, David Greenglass and his wife Ruth.
  • David was in the Army and serendipitously was sent to Los Alamos, where the atomic bomb was being constructed.
  • Julius was a spy during the wartime years. Ethel did nothing, she was not a spy.
  • In a report by the Atomic Energy Commission, Greenglass was ranked as the least effective atomic spies back then. There was a lot of effort on the part of the Department of Justice to convict these people.
  • This case is relevant today in a larger frame work.
  • We can see that the Rosenberg case is like the Dreyfus case or the Sacco and Vanzetti case.
  • It’s essential that leftists of each generation should keep that history alive.
  • Now it’s Islam fundamentalism. That’s not to say there was no danger.
  • You see the government use the courts to advance policies.
  • On a personal level, Walter and I learned from the Freedom of Information documents we recieved, on the basis of the Meeropol suit, that while we were researching an Invitation to an Inquest, the FBI had been track our activities.
  • We were just two writers who were trying to research a book, they were tapping our phones, and finally they placed us as well as thousands of others on an index of people who would be detained in the event of a national emergency.
  • After the book was published, an FBI memo, directed that the book should be smothered and forced out of the public eye.

Guest – Miriam Schneir, editor of Feminism in Our Time: The Essential Writings, World War II to the Present and Feminism: The Essential Historical Writings. In addition to Invitation to an Inquest, she is also the co-author of “Remember the Ladies”: Women in America, 1750–1815.

Walter Schneir, a freelance writer on law, politics, and science. He is the co-author, with his wife Miriam Schneir, of Invitation to an Inquest, long considered the definitive book on the Rosenberg case. He is also the editor of Telling it Like it was: The Chicago Riots, an early account of the 1968 Democratic Convention.  He died in April 2009 soon after completing this work.

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Law and Disorder November 8, 2010

Updates:

Oklahoma:Voters Approve Sharia Law Ban

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French Labor Activism, US Labor Passivism

In the United States, unemployment rose from its level in 2008 (5.8 %) to its level in the second quarter of 2010 (9.7 %).  These are numbers never seen before. However, by comparison, French unemployment rose from 7.4 % in 2008 to 9.2 % in the second quarter of 2010.  This data from the Bureau of Labor Statistics show unemployment had risen further and faster in the US than in France across in the last 3 years. This is found in Economics Professor Rick Wolff’s article French Labor Activism, US Labor Passivism.

Yet French workers are in the streets by the millions demonstration against anti-worker “austerity policies.” Government policies that could cut workers payroll or the services that are provided to the public. Meanwhile US workers are taking it sitting down, there’s no resistance. In California, there’s now a 22 percent unemployment and it takes the average unemployed American about 35 weeks to find a job.  US states and towns cut payrolls and public services and as President Obama’s special commission gets ready to reduce social security benefits to the American people.  Consider that in September 2010, according to the BLS, while the total US private sector added 64,000 jobs, state and local governments fired 77,000 people.

Rick Wolff:

  • This is a tsunami of a political movement.  All the six different organizations of trade unions have unified in organizing and moving these demonstrations.  They haven’t unified on anything for a long time. They’ve drawn in students.
  • Sarkozy almost in a way provoked the students to join the demonstrations in huge numbers.
  • The students quickly understood that if the older workers stayed in their jobs an extra 2 years, those are jobs they’re not going to get. 70 percent of the French people support demonstrations. What we see now is a minority government, isolated, entrenched.
  • If you want to see a movement that is doing something, mobilizing mass opinion, you got it.
  • If you read what the French are saying, it’s this. We’ve already paid for the crisis, with unemployment, lost homes, insecure jobs.
  • We’ve done our part, we’ve accepted that. We’ve drawn our line in the sand. We’re not gonna pay for fixing this mess from which have suffered.  Why is this relevant? It is exactly like the United States.
  • The atrophy of left here is much more palpable, then what happened there.  We’ve had a much worse decline of our trade union movement then they did.
  • We have to create anew the organizations that could bring people together into an effective coalition. The last thing we need is 800 single issued groups, cultivating its own garden and not talking to the other.

Guest-Richard D. Wolff, Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program in International Affairs of the New School University, New York City. He also teaches classes regularly at the Brecht Forum in Manhattan.

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Entrapment and Conviction of the Newburgh Four

Last week, the four men accused of planting bombs outside synagogues in the Bronx and plotting to fire missiles at military planes were convicted in a case that was the test of the entrapment defense. The jury of the Newburgh 4 trial convicted James Cromitie, David Williams, Onta Williams and Laguerre Payen of plotting to bomb synagogues and shoot military planes. Cromitie and David Williams were also convicted of conspiring to kill officers and employees of the government. Sentencing is scheduled for March. The four face life sentences.

It wasn’t difficult for Shahed Hussain, a government agent provocateur who was facing incarceration, to offer food, money, marijuana, cars and vacations to the four men and ultimately coercing them to collaborate on so-called “terror plots.”

According to a press release by Project Salam (Support And Legal Advocacy for Muslims) The defendants had absolutely no intention to commit any terrorist crimes until the FBI agent provocateur, Shahed Hussain, promised them each $5,000––and in one case $250,000––if they did his bidding.  He posed as a rich man who could give the defendants everything they’d ever wanted. He chose the targets, he told them how it would all work, and the FBI paid for everything. The four defendants were petty criminals, none of whom had a car or even a driver’s license. When the so-called leader, James Cromitie, decided to back away from Hussain’s scheme and refused to answer his calls for about a month, Hussain said, “Brother, I told you you could have $250,000, but you don’t want it.” Cromitie’s response: “OK, I’m in.”

Attorney Steve Downs:

  • We were really surprised, we thought the edge had been reached here.  They (Newburgh Four) were convicted of participating in this plot that had been cooked up, manufactured by the FBI
  • These are four individuals who had no way to undertake any kind of terrorist plot. They had no automobile, no driver’s license, no money, no training, they had nothing.  The FBI simply provided everything, including driving them to a spot where all they had to do is deliver a package, outside of building to complete this crime which the FBI concocted.  There’s no other way to look at it.
  • There is the pre-disposition idea and that comes from the ready-response argument. That has simply been misused.
  • Example: Would like a loan of 5 thousand dollars, or a gift of 5 thousand dollars? Then only afterward you find out this “gift” has to do with money laundering.
  • In the meantime, the person is being asked to make a ready-response. In the Newburgh case, Shahed Hussien, the informant, suggested an illegal plot. The main person he was working on James Crominic, essentially backed out of it.
  • There’s a six week period that James didn’t correspond with the government at all. Then finally, Shahed called and said look you’ve got 250 thousand dollars here if you go through with this.
  • These people had been somewhat exposed to Islam in prison, but didn’t know much about the religion.
  • One of them had a crack-cocaine problem, another had mental problems, very serious mental problems.
  • You could’ve gone to any place in upstate New York and found somebody who would grab at a deal like this.
  • It was a lot of money for potentially very little activity.
  • The building that was going to blow up would be unoccupied, the plane was on the ground without people in it.
  • They were paid to make a political statement and not to kill anybody.
  • These things are very very cleverly crafted by the FBI.
  • Because people don’t know much about Islam, the government is free to play upon stereotypes and fears that people have.

Guest – Attorney Steve Downs, retired chief attorney with the New York Commission on Judicial Conduct, is a founder of Project SALAM (Support and Legal Advocacy for Muslims).

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Law and Disorder October 25, 2010

Updates:

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Rachel Corrie Lawsuit In Israel

Rachel Corrie, an American student activist and human rights defender from Olympia, Washington, was crushed to death on March 16, 2003, by a Caterpillar D9R bulldozer while nonviolently protesting Palestinian home demolitions with fellow members of the International Solidarity Movement.

The first phase of the trail began in March 2010, when the Corrie family presented its witnesses, including several of Rachel’s colleagues from ISM who witnessed her killing. During the second phase of the trial, which began last month, the government presented several witnesses, including the Israeli military police investigator who headed the investigation into Rachel’s death, and the bulldozer operators who struck and killed her.

The lawsuit charges that Rachel’s killing was intentional. It also charges that the Israeli government was negligent for allowing Israeli soldiers and military commanders to act recklessly using an armored military bulldozer without regard to the presence of unarmed, nonviolent civilians in Rafah, Gaza Strip.  Lastly the lawsuit alleges that the Israeli military failed to take appropriate and necessary measures to protect Rachel’s life, in violation of obligations under Israeli and international law.

Katherine Gallagher:

  • Rachel had been serving as a peace activist with the Palestinian International Solidarity Movement.
  • The case is unfortunately taking quite a while, it was filed back in 2005, then the evidentiary phase opened in 2010.  At that point the Corrie’s were able to call their own witnesses. They also called an expert who could speak about how to conduct a proper investigation.
  • The investigator testimony revealed huge errors in the way the investigation was carried out.
  • Errors include: The bulldozer was removed from the scene of the killing. There were investigators in the case who never went to the scene of the crime.
  • On October 7, right before testimony, it was permitted that soldiers involved in the incident be allowed to testify behind a screen.
  • This is an extraordinary step, the family if unable to see those soldiers who are able to provide some answers even through their body language as they testify.
  • For the Corries who have waited 7 and a half years for some answers, that they won’t be able to assess the credibility by his body language is a significant blow.
  • When you say the name Rachel Corrie in Israel, people know who she is.
  • CCR Lawsuit: Caterpillar had aided and abetted war crimes and other serious violations of international law.
  • It struck how Jerusalem has changed. There’s been a massive amount of construction in the old city and particularly around East Jerusalem.

Guest – Katherine Gallagher,  Senior Staff Attorney at the Center for Constitutional Rights, where she focuses on holding individuals, including US and foreign government officials, and corporations, including private military contractors, accountable for serious human rights violations. Among the cases she is working on are Arar v. Ashcroft, Matar v. Dichter, Saleh v. Titan and Estate of Atban v. Blackwater.

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You Can’t Be President: The Outrageous Barriers to Democracy in America

John Rick MacArthur is the president and publisher of Harper’s Magazine. He’s an award winning journalist and author. We want to talk with Rick about his third book titled You Can’t Be President: The Outrageous Barriers to Democracy in America and explore the topic of who finances the Republican and Democratic parties. A recent book review states, that it (quote) advances a familiar argument: that moneyed and privileged interests, rather than the needs and opinions of ordinary citizens, dominate contemporary American politics. MacArthur, begins by lamenting the lack of basic comprehension of the Constitution and American government on the part of the political and media elite. The book also criticizes Barack Obama and Hillary Clinton.

Rick MacArthur:

  • There are two balance sheets, there’s one with regard to the people of the United States and the other which I talk about in You Can’t Be President is the internal party structure.
  • The balance sheet for the people is bad, we are now enmeshed even more in a self destructive war if possible than Iraq was.  Afghanistan is a disaster and you don’t have to ask a peacenik.
  • You have a fake health care reform which really reinforced the power of the insurance companies.
  • You have a very feeble reform of Wall Street. You have a continuation of anti-labor,orthodox “free trade” policies.  You have the continued corruption of the lobby system in Washington.
  • Coming from Chicago, if Obama attacked the lobby system it would be like committing political suicide.
  • Obama broke every record in corporate fund raising, PAC fund raising. He raised money from Jack Abramoff’s old law firm.
  • In sum, he’s (Obama) has been an anti-reformer, anti-progressive.
  • On civil liberties, if you criticize Bush it’s great, if you criticize Obama, you can hear a pin drop.
  • I met someone who did a tour of the new prison in Baghram, Afghanistan. He said it was terrifying.
  • You have to understand that the Chicago machine, is the most powerful local machine in the country.
  • Almost every important job in the county is held by a Democrat. The mayor of Chicago is very much like the dictator of Chicago.  Obama came out of the most intolerant, the most monopolistic, one sided political machine in the country.
  • Murdoch’s bundled campaign contributions were 50/50 between Clinton and Obama.
  • I don’t see why we can’t organize around an opposition candidate, raise some money.
  • I think what you’re seeing is disillusionment among the party leadership with Obama, because he hasn’t delivered the goods.
  • They wanted Obama to deliver the 2016 Olympics to Chicago.
  • Obama is a tremendously prudent and cautious politician, there’s no audacity at all.

Guest – John Rick MacArthur, an American journalist and author of books about US politics. He is the president of Harper’s Magazine.  MacArthur has been a reporter for The Wall Street Journal (1977), the Washington Star (1978), The Bergen Record (1978–1979), Chicago Sun-Times (1979–1982), and an assistant foreign editor at United Press International (1982).

Law and Disorder October 18, 2010

Updates:

  1. Anwar Al-Aulaqi Case – Drones Targeting US Citizens – Obama Wants To Dismiss CCR/ACLU Case
  2. CCR Guantanamo So Called Suicide Cases
  3. Supreme Court Will Not Review Case On Feds Wiretapping Guantanamo Lawyers
  4. Bombing of the USS Cole – Could Prosecutors Use The Fruit From the Poisonous Tree?

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NYC NLG Street Law and Racial Profiling Program

Today we’re joined by Paula Segal and Gabriela Lopez with the New York City Lawyers Guild Street Law Clinic Program. The project sends groups of attorneys to conduct “Street Law” workshops with a range of students in high school. We’re also joined by students from the Aarturo A. Schomburg Satellite Academy High School who were part of the street law classes.

Street Law Students:

  • In my neighborhood it’s really common for the Police to bother you for no reason. I don’t think they had the right to go into my pockets unless they had reasonable suspicion. This happens at least 3 times a week.
  • One time they took me into the precinct, took my picture, ran my fingerprints.
  • I was getting off the train and these two big police men were getting off the train and they stopped me. They said we have her on the walkie-talkie.  This women said take off your sneakers. She kept asking, where is it? Where is it? That’s when she started to get physical and she lifted up my shirt. “If you don’t f-in’ tell me where it’s at, I’m going to strip search you. It happened on Elder Avenue, next to the 6 train.
  • They say no, we’re not going to touch you, then he throws me on the car.
  • You guys are unfolding my socks right now, and I don’t like this. There’s a certain way that I fold my socks.
  • After they find nothing, they say you should change your attitude. I said, you should change your attitude.
  • A lot of cops judge character, when I see cops, you have to give them an expression. Hey look I’m out here, I’m not tryin to get in that car.
  • I’m thinking about the cops catching the real villans. If you’re really guilty you’re going to get hassled, if you’re not guilty,then you can be free.  The advice I get from the street law project is not consenting to the search.
  • From my knowledge, the cops need a certain amount of arrests at the end of the month, so they’ll pick on anybody.  They curse a lot. Undercover cops, they’ll probably have on a hoodie, try to fit in with everybody else, it just don’t work.
  • Law Student Paula Segal: We focus on giving people tools to walk away, to avoid arrest.
  • Law Student, Street Law Coordinator Gabriella Lopez: Last year we went to more than sixty different sites. Sixty to Seventy different trainings that occured last year.
  • Email the Street Law Team – streetlawteam@gmail.com

Guests – Paula Segal and Gabriela Lopez with the New York City Lawyers Guild Street Law Clinic Program. Aarturo A. Schomburg Satellite Academy High School Students: Charisma Whaley / Joseph Campbell / Kiara Avila / Stephanie Colon / Jonathan Jeffries.

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iosbaker FBI

Grand Juries Historically and the Minneapolis / Chicago FBI Raids

A total of 12 people were served with subpoenas during last months FBI raids in Minneapolis and Chicago. The FBI targeted anti-war peace activists and key organizers of demonstrations and marches who have been asked to appear before a grand jury. What is a grand jury? Historically, a grand jury was supposed to be citizens coming together to determine if charges should be filed criminally against someone. Today, it’s very different. It’s mostly a rubber stamp for what the prosecutors want. If you refuse to testify at a grand jury, you can be taken to a judge to answer questions. If you refuse to answer those questions you could be put in jail.

Margaret Ratner-Kunstler:

  • If you were subpoenaed before a grand jury in 1968 and you asserted your grand jury right, then that really was the end of your participation in the grand jury.
  • You asserted immunity and if you we’re given immunity, you couldn’t be indicted.
  • Immunity: Nothing you say could be used against you, but anything you testified about could not be the subject of a criminal indictment against you.  Your words could not be held against you, or the fruits of those words. But it’s so easy to get around that, by a prosecutor saying, this didn’t come from this.
  • If you then refused to testify given this minor immunity, you could be subject to imprisonment.
  • If you refuse to testify you’re brought back before the judge and the judge then holds you in “civil contempt.”
  • The grand jury is usually about 18 months. The grand jury in Chicago is a special grand jury which means it’s twice as long.
  • That’s important because if you’re held in civil contempt, the keys to the jail are in your pocket. You’re in jail for as long as you refuse to testify.
  • If you say something you could wave your fifth amendment right by already saying something.
  • The recent FBI raids represents the tremendous see-change we have in terms of the ability for people to actively oppose this government’s policy.
  • In 1983, there were many groups in this country who were joining forces with progressive groups in Central America.  You had the Committee in Solidarity With the People Of El Salvador.
  • Each of the 11 individual persons subpeoned wrote letters to the Attorney General saying that they would assert their fifth amendment right and that they would not testify.
  • If they can’t get you on a federal charge it’s often that they’re looking for a mistake you made in conversation, even an informal conversation with a federal official.

Guest – Magaret Ratner-Kunstler, an attorney in private practice. As education director at the Center for Constitutional Rights, she originated the Movement Support Network and authored “If an Agent Knocks.” Kunstler is the President of the William Moses Kunstler Fund for Racial Justice, a foundation established in 1995 in the memory of her late husband to combat racism in the criminal justice system.

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Law and Disorder September 20, 2010

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The United States and Yemen: Destroying Lives in the Name of National Security

We hear the voices of leading Yemeni activists and a Center For Constitutional Rights attorney speak on state violence, targeted killings, and human rights abuses enabled by the so-called “War on Terror” from the Brecht Forum event titled The United States and Yemen: Destroying Lives in the Name of National Security. The event was co-sponsored by the International Federation for Human Rights and the Brecht Forum.  We hear first from Pardiss Kebriaei staff attorney at the Center for Constitutional Rights.  Pardiss is working on a lawsuit to challenge a U.S. government kill-list and the targeting of a U.S. citizen now in Yemen and far from any armed conflict with the United States.

We hear from Tawakkol Karman chairwoman of the Yemeni non-government organization Women Journalists Without Chains, which campaigns for freedom of the press in Yemen and against human rights violations. She is a very prominent young activist, and Reporters Without Borders chose her in 2009 as one of the top seven women who have led change in the world. Karman is among the activists who in 2007 launched the “Phase of Protests and Sit-ins” in Yemen, holding regular sit-ins in the capital’s Freedom Square to demand democratic reforms and an end to human rights violations—including the harassment and imprisonment of journalists and dissidents, closure of critical newspapers, and censorship of news articles.  A special thanks to Leili Kashani Education and Outreach Associate for the Guantánamo Global Justice Initiative at the Center for Constitutional Rights.

Also on the panel, to be heard soon, Ezz-Adeen Al-Asbahi,  president of Human Rights Information & Training Center (HRITC), a non-governmental organization which seeks to enhance human rights in Yemen and the Arab World, focusing on the Gulf States in particular. HRITC has consultative status with the United Nations, offers training courses and forums on human rights, publishes a quarterly human rights magazine called Our Rights, and has published 30 books on law and human rights. Al-Asbahi is also the coordinator of a large regional network of human rights activists in the Gulf States and the Peninsula, and the president of a Yemeni network of human rights organizations which includes six Yemeni NGOs. A journalist and researcher, he has published eight books on literature and human rights. He is also the head of the civil society sector of the Supreme National Authority to Combat Corruption.

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Troops out of Iraq, Permanent Bases and Privatizing the Occupation.

While many reports claim most US troops are leaving Iraq, there will still be 50 thousand troops remaining, 4 thousand will be replaced by 7 thousand security contractors. These are armed private contractors, former military with specialized skills in weaponry, radar and explosives. They will have less accountability in war zones. Meanwhile, massive permanent US bases remain including the world’s largest US Embassy in Bagdhad, Iraq. As the occupation in Iraq is privatized, veterans return back to the US. We’re joined today by conscientious objecter and Executive Director of Iraq Veterans Against the War, Jose Vasquez. Jose joined IVAW in June 2005 and co-founded the NYC chapter serving as the president. He also served on the interim board of directors and was elected to the first official board in 2006. He helped organize numerous actions and events including the Veterans’ and Survivors’ March to New Orleans, Operation First Casualty in NYC, and Winter Soldier: Iraq and Afghanistan.

Jose Vasquez:

  • IVAW is a membership based organization, we are all folks who’ve served since September 11th.
  • We call for the immediate withdrawal of all occupying forces from Iraq. We also have the same resolution for Afghanistan.  We also want reparations for the Iraqis and full benefits for returning service members.
  • I signed up right out of high school, graduated in ’92. I went straight in to active duty, I served 4 years as a Calvary Scout.  Got out went to school and the Army Reserves as a medic.
  • I had been in the military for a while before September 11th. I had a pretty good understanding of what our relationship was to Iraq.  It was confusing to me, I was facing deployment. I stumbled across Democracy Now and I just started listening to that show religiously.
  • By 2004, I was so upset about the Iraq War, I didn’t care what happened, I was not going to this.
  • I started researching conscientious objection, six months later I filed for CO status. It took 27 months to get an answer.
  • The Obama Administration has a finger on the pulse in terms of marketing hope. What they’re skimming over is how contractors are on the ground (in Iraq)
  • From the perspective of an Iraqi, Americans running around with guns has not diminished that much.
  • I think we owe the people of Iraq a lot. This mostly has to do with the US positioning itself to access the resources that they have.
  • Stop the deployment of PTSD troops

Guest – Jose Vasquez, Jose was born in Bronx, NY and grew up in Southern California from the age of nine. After graduating high school in 1992, he enlisted in the U.S. Army serving over four years of active duty as a cavalry scout assigned to the 2nd Battalion, 69th Armor Regiment, 24th Infantry Division at Fort Benning, GA, and the 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division at Schofield Barracks, HI. He was honorably discharged in December 1996 at the rank of specialist (E-4).