Law and Disorder May 31, 2010

billquigleyhosts1

No End In Sight, Number One In War

What will you remember on Memorial Day?   US law officially proclaims Memorial Day “as a day of prayer for permanent peace.” – However, the US is much closer to permanent war than permanent peace – writes Bill  Quigley,  legal director of the Center for Constitutional Rights in his recent article titled No End In Sight, Number One In War. The  article outlines, the rising costs of war, the damage to country and who reaping massive profits. At what point do we begin to transition to permanent peace?

Bill Quigley:

  • Yes, politicians are making hay from the permanent war, but there’s also a lot of people who are making an awful lot of money from the US military.
  • We discount the role they’re playing, in keeping the US constantly fearful and preparing for and perpetrating war in every place across the globe.
  • This is something that people are afraid to talk about.
  • The “Axis of Evil” spends less than one percent of what the US spends. This coming year the US will spend 708 billion dollars on war and another $125 billion for Veterans Affairs.
  • Al-Qaeda spends less than one percent of one percent of what the US spends.
  • You have to ask yourself “why?” Why are people in the United States more afraid than anybody in the whole world? Fanning the flames of fear. Behind the scenes are huge corporations that are making billions of dollars.
  • We talk about Blackwater, but there are a couple corporations that dwarf Blackwater.
  • Lockheed Martin, a huge corporation that runs almost entirely on tax payer money. 140 thousand employees.
  • A corporation totally reliant on the United States Congress. You spend 125 thousand lobbying Congress and Congress doesn’t get some benefit from that.
  • The US is spending 10 times more on the military than China.  Who is calling for accountability on this spending?

Guest – Bill Quigley. Bill is the Legal Director for the Center for Constitutional Rights, a national legal and educational organization dedicated to advancing and defending the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Bill joined CCR on sabbatical from his position as law professor and Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans. He has been an active public interest lawyer since 1977.

korea1a cheonan

End The Korean War

Hosts get an update on the uneasy tensions between North and South Korea. A multinational investigation concluded last week that a North Korean submarine had torpedoed the 1200 ton warship called the Cheonan back in March killing 45 people. North Korea denies involvement in the sinking, South Korean defense ministry denies that any of its ships had crossed “Northern Limit Line.”  Meanwhile, the threat of sanctions against the already oppressed North Korean population escalate. South Korea and the Obama administration have agreed to initiate joint anti-submarine military exercises near North Korean border.  Right now, there are almost 29,000 U.S. troops in South Korea.

Eric Sirotkin:

  • When you look into the history of the conflict, and we are still technically at war, as an armistice doesn’t technically end a war only stops the shooting.
  • These kind of incidences occur because you don’t have a peace regimen to fall back on.
  • There is a very conservative South Korean government. Very hawkish toward the North
  • The intitial report of them torpedoing the boat, there are a lot of questions, there are people who are writing about Tonkin Bay, and thinking about.
  • You have a choice to march toward war or go toward peace.
  • The United States at this point is ramping up the rhetoric.
  • Before this situation with the South and the North, we had a lot more exchanges and things were going in a positive direction.  If you think there’s no exit strategy after Iraq, look at Korea, sixty years later.
  • We’re working with a campaign to end the Korean War.

Guest – Attorney Eric Sirotkin, is a member of the National Lawyers Guild and helped found Korean Peace Project. Eric Sirotkin, the founder and Director of Ubuntuworks,  LLC mixes his experience as a human rights lawyer, film producer, author and peacemaker. Over the years his peacemaking activities have taken him around the world, including India, Peru, Cuba, South Africa, Japan, North and South Korea, France,  Netherlands, Canada and China.  He contributed to dialogue on the new Constitution in South Africa, was a UN sponsored election observer at President Mandela’s election and coordinated an international monitoring Project of the South African Truth and Reconciliation Commission.

——

Omar_Khadr Alleged_Khadr_3

Omar Khadr, First Military Commission Trial Under Obama

Last week the first military tribunal opened under the Obama administration. It is the case of Omar Khadr, the Canadian citizen, military prosecutors say that Omar Kadr threw a grenade that killed a US Special Forces medic in Afghanistan and helped build roadside bombs to use against American soldiers. We look at why the Obama Administration is putting a detainee on trial who was 15 when he was captured and whether the self – incriminating statements he has made can be used as evidence.  Unless the Prime Minister acts to request repatriation, Khadr could face conviction by a jury of U.S. military officers based on evidence extracted by torture.

Attorney Jonathan Hafetz:

  • International law is very clear on how you treat child soldiers. In 2001, military commissions were struck down by the Supreme Court, in 2006 in the Hamdan Case, Congress created them again.
  • The hope was that Obama was going to close this chapter and end military commissions.
  • Obama suspended military commissions for 4 months and brought it back.
  • You have huge issues in Khadr’s case. He was a child soldier. He was accused of killing an American soldier in a fire fight. Number one, the US doesn’t seem to have any credible evidence not derived from torture or other abuse that Khadr actually killed the serviceman.
  • Even if they had evidence that Khadr was responsible for the death of this serviceman, it’s not a war crime. It’s part of war but not a war crime.  The US government’s theory of war is totally distorted.
  • On the day of the first war crimes trial of a juvenile in US history, the day its starts and new rules are handed out, I don’t think they had enough copies to give to all the council.

Guest – Jonathan Hafetz, attorney with the ACLU’s National Security Project.

——————————————————

Law and Disorder May 10, 2010

Updates:

—-

noaa

Update on BP Oil Disaster in the Gulf of Mexico

There are reports that nearly 200 thousand gallons of crude oil is spilling into the Gulf of Mexico each day as engineers work to cap the well head. Meanwhile an oil dispersant is deployed on the water surface to break up the oil slick before it reaches sensitive estuaries and shoreline.  On the edge of what human engineering can accomplish, BP says it would use a giant, 100-ton dome-like device placed over the wellhead that might collect oil gushing out of the well.

Jackie Savitz:

  • 200 thousand gallons per day, possibly 10 times more than that. It’s been gushing for almost 2 weeks.
  • May take another week to stop, not guaranteed. Back up plan could take months.
  • Gulf of Mexico: rich area biologically, a lot of our shellfish come from there. Many of the species that make their home in the Gulf are endangered, such as sea turtles, North Atlantic Right Whale, Bluefin Tuna, Snapper, Grouper
  • In many cases, these animals are using the Gulf as a nursery. We may never fully know the impacts on populations of these animals. Fishing ban.
  • Why do they let companies like BP drill in these dangerous circumstances that can pose these types of impacts without a plan?  The public was convinced on offshore drilling by 3 myths. 1. Lower the price of gas at pump. 2 Energy Independence. 3. Drilling was safe.
  • Why would we let these companies gamble with our lifestyle with no actual return.
  • We’re looking at a potential reset moment. Politicians respond to public sentiment.
  • We’re working toward a ban on exploratory drilling. This was an exploratory well.

Guest – Jackie Savitz,  Senior Campaign Director for Oceana’s Pollution Campaigns. Savitz has shaped and led campaigns and projects dealing with global warming pollution from ships, mercury contamination of fish, and cruise ship pollution among other issues.  Savitz has a background in marine biology and environmental toxicology combined with more than fifteen years of policy analysis experience through which she has developed expertise on a variety of pollution issues involving toxic contamination, water pollution and air pollution

————

fingerprint ice

ICE Media Spin / Immigration Law Movement

Center for Constitutional Rights staff attorney, Sunita Patel joins us today to give an update on the recent six-page internal memo from United States Immigration and Customs Enforcement (ICE) that was leaked to the press. The memo was a response to civil rights groups Uncovering the Truth on ICE and Police Collaboration, but specifically aiming at their campaign of week long rallies in 14 cities. The week of advocacy was launched on Tuesday in conjunction with a FOIA lawsuit filed in the Southern District of New York by the National Day Laborer Organizing Network, the Center for Constitutional Rights  and the Immigration Justice Clinic of Benjamin Cardozo School of Law to demand records relating to the Secure Communities program.

Sunita Patel:

  • ICE launches media offensive against community organizations. Exposed:  DHS plans to publish Op Eds by the head of ICE.
  • DHS interface with local law enforcement – incentives to racial profile to determine status that could lead to:  Non citizens to stay in jail even if there is police misconduct or unlawful arrest
  • We want more information so communities can make reasonable decisions.
  • FOIA lawsuit requests information on “Secure Communities” Program, a finger printing system operating inside jails. To be deployed to all jails in US by 2013.
  • We want to stop these collaborations with local law enforcements, they make the community less safe and less secure.

Guest – Sunita Patel, Center for Constitutional Rights  Staff Attorney, she is involved with racial profiling, immigrant rights and other human rights litigation. Prior to her position at CCR, she held a Soros Justice Fellowship at The Legal Aid Society, Immigration Law Unit in New York where she represented immigrant detainees in removal proceedings and worked with criminal justice and human rights groups to create independent community oversight for detention operations through public accountability boards

———————

mondo and ed2 JFKfelt2

Omaha Two / Black Panthers

We talk today with Claus Walischewski, a representative of Amnesty International in Germany. Claus has been working with Amnesty International following and investigating the case of 2 former Black Panthers Ed Poindexter and Mondo we Langa (David Rice). The case is known as the Omaha 2. Amnesty International has found that the two men were unjustly convicted of murder and have been in prison since the 1970s. Amnesty has called for a retrial or release for these men.

Claus Walischewski:

  • We don’t call them political prisoners because in the US you can have a fair trial.
  • They were both Black Panthers in Omaha in the 1970s.
  • The police answered a 9/11 call and went to a vacant building, there was a bomb in a suitcase, the police picked it up, it detonated, and the policeman was killed.  The police thought it was the Black Panthers.
  • Information that the FBI were working COINTELPRO in Omaha during this time.
  • An individual named Dwayne Peak was arrested for the crime, and named the two Black Panthers.
  • When he saw the 2 men and was asked if they were involved, he said “no.”
  • The 9/11 call was not Dwayne Peak’s voice, it’s the voice of a much older man, not a 15 year old.
  • Analysis has shown it’s not the same voice, still no re-trial. Caught and arrested in 1970, Poindexter 62, Mondo 67.  I’ve visted them 10 years ago, they’re both very educated, no threat to anybody.

Guest – Claus Walischewski, a representative of Amnesty International

—————————————————

Law and Disorder April 19, 2010

Updates:

—–

flashpoints2

Israeli Policy and Palestinian Children – Nora Barrows-Friedman

We talk today with the Nora Barrows-Friedman, she is the host of radio show Flashpoints at KPFA in Berkeley California.  Nora spent the last month in the occupied West Bank and East Jerusalem. She’s been investigating stories about the ongoing violations of Palestinian human rights and has been frequently traveling to Palestine since 2004. Today we look specifically at the Israeli policy against children from arresting, detaining, interrogating, torturing, imprisoning and beating children, some as young as 10. Nora says  International laws designed to protect children — including the UN convention on the rights of the child are being circumvented and violated on a daily.

Nora Barrows Friedman:

  • Kids randomly picked off the street, allegedly for throwing stones. The Israeli punishment is 10 years in prison for a child.
  • Israeli military can arrest (Palestinian only) children as young as 12.  Right now there are 300 Palestinian children in Israeli prisons.
  • Hebron is a city where settlers have been given half of the old city, a settlement colony is inside the Palestinian community
  • These two young children were followed and taken into a military center inside the settlement colony.
  • This whole family had been destoryed by these illegal actions against these 2 brothers. The only recourse this family has is to take it to the Israeli military court.  Motive: trying to get Palestinian families to leave.
  • This family lives in an area where settlers have their eye on, seems to be very deliberate.
  • There are hundreds of women in Israeli prisons, there’s a story where a woman gave birth in the prison, and the baby is now a prisoner.

Guest – Nora Barrows Friedman: Senior producer and co-host of KPFA’s Flashpoints.

————-

nuclear_weapons-atomic yucca Yucca-mountain

Obama’s Plan for Elimination of Nation-Controlled Nuclear Power

Nine nations now have a combined total of more than 22 thousand nuclear weapons. The United States has about 5 thousand nuclear weapons,  500 of them are land based warheads which can fly in three to four minutes after the order is given. President Obama recently hosted a nuclear security summit in DC with more than 45 foreign leaders, he traveled to Prague and signed a treaty that would cut the combined US and Russian stockpile by a third. Meanwhile, the US nuclear stockpiles have been shrinking for the last 40 years. We talk more about the current nuclear disarmament effort with attorney Peter Weiss is Vice-President, former President, of the International Association of Lawyers Against Nuclear Arms.

Peter Weiss:

  • Leave the doomsday clock where it is. Reaffirming of the status quo.  The agreement with Russia in reducing the nuclear weapons allowed to each country from 2200 to 1500.  They count all the warheads on a bomber plane as one, instead of 10 or 12 weapons.
  • Jimmy Carter: A single nuclear armed submarine had enough weaponry to destroy every Russian city of 100 thousand or more.
  • Nuclear Posture Review – Zero document / “It’s difficult to operationalize a vision.”
  • Obviously there is a great danger of loose nukes.  No one seems ready to adopt an anti-nuclear convention except the countries that don’t have nuclear weapons.
  • Conference in Riverside Church on May 1, 2010, United For Peace and Justice
  • The anti-nuke movment will be re-energized.
  • The US wants to be the sole repository of weapons grade nuclear material, committment from Chile, and Canada, to ship WGNM to the US.   That’s kind of weird isn’t it?

Guest – Peter Weiss, former Vice President, Center for Constitutional Rights and Vice President, of the International Association of Lawyers Against Nuclear Arms.

——

why human rights2 dees

Why Human Rights are Indispensable to Financial Regulation

Today we speak with Radhika Balakrishnan, Professor of Economics and International Studies at Marymount Manhattan College, about her recent article in the Huffington Post titled Why Human Rights are Indispensable to Financial Regulation. Balakrishnan enumerates the global human fallout from the world financial crisis. The World Bank estimates an additional 400 thousand children will die before their fifth birthday, while those responsible for the turmoil are benefiting from bailouts and promotions. She references the Universal Declaration of Human Rights and its inclusion of economic and social rights, that is the right to work, to education, to rest, to an adequate standard of living. Dr. Balakrishnan has also outlined steps for meaningful reform that we will also examine today.  She is currently working on a project trying to use human rights norms to evaluate and construct macroeconomic policy.

Radhika Barakrishnan:

  • We pretend there is no criteria regulating (economic policies)  We argue in our piece, that human rights have a way to set up an ethical basis and framework. Most people don’t know that human rights include economic and social rights.
  • In the United States the assumption is you can vote the people in to give you social and economic rights.
  • The idea that the market is this Greek Oracle that we can’t question. . . is a problem.
  • We’re saying there is a form of biased market regulation, where the state has the interest of the financiers and the banks.
  • and not those of the working people and the working class.  One example is the minimum wage.
  • The Federal Reserve has a dual mandate, one is to have price stability, the other is the right to work.
  • In the United States, we have not signed the Convenant on Economic and Human Rights.
  • The Federal Reserve is a government agency and the fact that they act in a cloak of secrecy is a real problem.
  • I think there is a great case to be brought, as far as freedom of information.
  • What kind of financial models are they using to make their decisions? This cloak of secrecy because you independence to make monetary policy?  But independence doesn’t mean secret.
  • Their Board of Governors are from the commercial banks, whose interest will they work for?
  • Bailout Bill – TARP / This went to financial agencies to give them the money. 720 Billion dollars overnighted to the Federal Reserve has not gone out?   The Stimulus Money, for employment creation, though it was used for tax cuts.
  • Congress did not extend unemployment benefits for Spring recess.
  • The United States is coming up for the Universal Periodic Review in the Human Rights Council of Geneva
  • The Center for Women’s Global Leadership

Guest – Radhika Balakrishnan, Executive Director of the Center for Women’s Global Leadership and Professor in Women’s and Gender Studies. She has a Ph.D. in Economics from Rutgers University. Previously, she was Professor of Economics and International Studies at Marymount Manhattan College. She has worked at the Ford Foundation as a program officer in the Asia Regional Program. She is currently the Chair of the Board of the US Human Rights Network and on the Board of the Center for Constitutional Rights. She has published in the field of gender and development.

——————————————————————————

Law and Disorder April 12, 2010

Updates:

—————-

newjimcrow michellealexander2

The New Jim Crow: Mass Incarceration in the Age of ColorblindnessMichelle Alexander

Michelle Alexander, author of the new book The New Jim Crow: Mass Incarceration in the Age of Colorblindness joins hosts. Michelle book has been called an incisive critique of racial caste system in America. As many celebrate the “triumph over race” with the election Barack Obama, the majority of young black men in the US are locked behind bars or permenantly labeled felons.  Michelle Alexander, a former litigator who is a legal scholar, argues that the civil rights community—and all of us— are challenged to place mass incarceration at the forefront of a new movement for racial justice in America.

Michelle Alexander:

  • I began in my own research to question the prevailing political media narrative about the reasons of people of color and ghetto communities cycle through the criminal justice system today, it is not as it appears.
  • I argue that in a few decades after the collapse of Jim Crow, we as a nation, have managed to re-create as a racial caste in America, in some major American cities, the majority of African American men, are locked behind bars, labeled felons for life.
  • Legally discriminated in employment, housing, access to education, and public benefits.  We have not ended racial caste, we redesigned it.
  • The Drug War was declared in relation to racial politics, not drug crime. About 30 million were arrested for drug offenses after the launch of the drug war. Most were for marijuana possession, now considered less harmful than alcohol or tobacco.
  • Drug markets like American society generally are segregated by race and class
  • The Supreme Court has made it virtually impossible for these cases to be brought.
  • Baldus Study: McKleskey v Kemp
  • Finding proof of conscious intentional discrimination is nearly impossible. Severe racial disparities are of no consequence, immunized not just the death penalty.
  • I wrote this book, largely because I was deeply troubled by the failure of civil rights organizations and black leadership in this country to place mass incarceration and the war on drugs at the top of our racial justice agenda.
  • Ten of millions of people in the United States are now regulated permanently to an under-caste, who are barred by law from seeking jobs or housing, public benefits, food stamps.
  • Prisons have been holding many rural towns together as jobs have disappeared. The majority of people put behind bars are non-violent offenders.  Every race suffers from this drug war, there are white people doing decades in prison for drug possession charges. The suffering of the drug crosses the color lines, and we got to be able to galvanize a level of public awareness and support.
  • Something akin to a racial caste system is alive and well in the United States.

Guest – Professor Michelle Alexander,  joined the OSU faculty in 2005. She holds a joint appointment with the Moritz College of Law and the Kirwan Institute for the Study of Race and Ethnicity. Prior to joining the OSU faculty, she was a member of the Stanford Law School faculty, where she served as Director of the Civil Rights Clinic.

Professor Alexander has significant experience in the field of civil rights advocacy and litigation. She has litigated civil rights cases in private practice as well as engaged in innovative litigation and advocacy efforts in the non-profit sector. For several years, Professor Alexander served as the Director of the Racial Justice Project for the ACLU of Northern California.

———

Ayman gazajanuary aljazeera222

Ayman Mohyeldin, Al-Jazeera TV correspondent

Ayman joins hosts in the studio. He is an Al Jazeera TV correspondent and  former CNN producer based in Baghdad.  He was the only news producer allowed to observe and report on the US handover of Saddam Hussein to an Iraqi judge.  Ayman has been stationed in the Gaza Strip since May 2008, where he has covered the Gaza siege.  Ayman talks with hosts about his experience covering the destruction during Operation Cast Lead. Filmmakers and producers are working on a documentary film about Ayman’s war reporting in Palestine. Facebook link

Ayman Mohyeldin:

  • Saturday December 27th, 2008,  I had been based in Gaza. It had been quiet in Gaza up to November 4th.
  • We started hearing the first wave of Israeli air-strikes that destroyed government buildings, police station within minutes. It kicked of a series of air strikes throughout the day. 200 hundred Palestinians were killed that day.
  • We really saw everything, I can’t begin to describe the horrors of what we saw. On the first day we went to the main Gaza hospital.
  • People of Gaza were trapped in a territory subjected to a very modern sophisticated, well trained and equipped Army.
  • By Israel’s own admission rocket fire into Israel had dropped 98 percent 4 months ago (before Operation CastLead)
  • What were the real reasons for the attack, the war was unnecessary given what was achieved in the 4 months prior.
  • The siege on Gaza has allowed Hamas to tighten it’s grip on Gaza.  The siege has not punished Hamas.
  • Palestinians have recycled the rubber and steel from the destruction.
  • I was standing on a rooftop and they were dropping hundreds of leaflets from planes, that read “your area is going to be attacked, if have any information about Hamas, please call this number.”
  • Goldstone Report: Israel while bombing did not distinguish between military and civilian targets. Not a mistake.
  • Targets include – Mosques, schools, ambulance drivers, government buildings, ministries, Palestinian Legislative Council Building.
  • Gaza, historically was not an affluent place, it was a merchant trade route from Africa into Asia and Europe.
  • Stunted growth is starting to appear among Palestinian children.
  • Gaza: Desperate, frustrated, a sense of abandonment by the international community.

Guest- Ayman Mohyeldin, Arab American journalist based in the Middle East and is the Gaza Correspondent for the English language channel Al-Jazeera. Previously a producer with CNN and NBC, Ayman was one of the first western journalists allowed to enter and report on the handing over and trial of the deposed President of Iraq Saddam Hussein by the Iraqi Interim Government for crimes against humanity

———————-

Law and Disorder April 5, 2010

Updates:

—–

TakeBackLand.preview takeback

Take Back The Land and The Center For Constitutional Rights Delegation To South Africa

The national movement, Take Back the Land has demanded housing for the homeless in Miami, New York City and is in South Africa to engage in anti-eviction and land reform work. Lawyers with the Center for Constitutional Rights will also join Take Back the Land and provide legal support to the social justice movements. The two groups will be in Cape Town with the Anti-Eviction Campaign and 3 days in Durban with Abahlali bs Mjondolo or (ABM). Among the core beliefs of this project called the Center for Pan African Development are, land is an essential element of liberation, the black community must collectively control land in the black community and the path to liberation is pave through self-determination, not the accommodation of those in power.

Sunita Patel:

  • The history of Apartheid is so connected to land and redistribution of land. We spent a few days in Cape Town with the Anti-Eviction Campaign. We traveled to Durban and visited with ABM there. Throughout the trip activists and community members had shared stories of displacement and mass evictions at the government’s hands, without any redress.  We have a lot to learn from the movement in South Africa.
  • In the United States, we can’t think beyond the private ownership of land.
  • Housing is not a constitutionally protected right. Where we can gain from international human rights law, we need to infuse that into our work.  The Universal Declaration of Human Rights, recognizes housing as a human right.
  • South African Constitution states in articles 26 and 33 affording one house for one family.

Guest – CCR staff attorney, Sunita Patel is involved with racial profiling, immigrant rights and other human rights litigation. Prior to her position at CCR, she held a Soros Justice Fellowship at The Legal Aid Society, Immigration Law Unit in New York where she represented immigrant detainees in removal proceedings and worked with criminal justice and human rights groups to create independent community oversight for detention operations through public accountability boards.

————–

arefCMU terrehaute

CCR Challenges Experimental Prison Units that Restrict Communication

The Center for Constitutional Rights filed a lawsuit challenging violations of fundamental constitutional rights, including the right to due process, at two experimental federal prison units called “Communications Management Units” (CMUs). The units are being used overwhelmingly to hold Muslim prisoners and prisoners with unpopular political beliefs.

CCR filed Aref v. Holder in the D.C. District Court on behalf of five current and former prisoners of the units in Terre Haute, IN and Marion, IL; two other plaintiffs are the spouses of prisoners. The CMUs were secretly opened under the Bush administration in 2006 and 2007 respectively and were designed to monitor and control the communications of certain prisoners and to isolate them from other prisoners and the outside world.  More about Aref

Rachel Meeropol:

  • It’s the first time we’ve seen units like this in the federal system. The Bureau of Prisons secretly created these prisons in 2006 and 2007 under the Bush Administration.
  • The bureau of prisons initially offered a public comment period and were flooded with comments of what a bad idea this is. They withdrew the public comment and continued to build the prison in secret.
  • There’s no meaningful process at all as to who should be put in this unit.
  • The Bureau of Prisons has published very broad criteria about the types of individuals, it thinks belongs there.
  • The criteria is so broad it could encompass tens of thousands of prisoners.
  • When we look at who is being sent the unit, it’s mostly Middle Eastern Muslims, African Americans who have converted to Islam in prison, and also a lot of people with unpopular political views.
  • One of our clients Daniel McGowan, is an environmental activist who is serving a term in prison. He never violated a prison rule, he was a low security prison for the first part of his sentence, and then without any reason, he is moved to this highly restricted unit.
  • The CMU is an experiment in social isolation. Very few opportunities for visits. Uniquely cruel for individuals who have to undergo it.
  • Bad public policy, these individuals are going to be released at some point.
  • We are seeking to challenge the extreme limitations on their phone calls and visits.
  • Most inmates get 300 minutes a month of phone calls, my clients for years had only one 15 minute call a week.
  • For prisoners with large families, this is incredibly difficult. It seems to me this is truly about silencing advocacy from inside the prison.
  • Some of our clients including Mr Aref were convicted on terrorism related charges, in his case material support.
  • When prisons move prisoners into the CMU of extremely restricted confinement without any process or explanation, of course leads to putting prisoners in the CMU for discriminatory or retaliatory reasons.

Guest – Rachel Meeropol has worked at the Center for Constitutional Rights (CCR) since 2002. She is the co-editor and primary author of the Jailhouse Lawyers Handbook, a widely-requested resource for prisoners, and the editor of America’s Disappeared: Secret Imprisonment, Detainees, and the “War on Terror,” (Seven Stories Press, 2005).

—————–

lynne-steve lejlaandfamily

FBI Entrapment: Personal Stories of Preemptive Prosecution

We go now to hear segments from the event titled FBI Entrapment: Personal Stories of Preemptive Prosecution sponsored by the National Lawyers Guild, Middle Eastern Law Students Association (MELSA), Islamic Law Students Association (ILSA) and Law Students for Human Rights.

Families and community members gathered in a room at NYU to discuss their cases, and how their family members were entrapped by FBI informants and agent provocateur tactics.  As we have reported in the past years, the FBI have used these tactics to target Muslims and others by offering money and assets within impoverished communities. Some FBI groups target mosques and incite violent action.  Most informants are felons, that have made plea-deals with the FBI.  As we have seen, these stories make headlines across the country on Memorial Day or the 4th of July, meanwhile, these men implicated in the FBI stings are serving long sentences. We get an inside perspective from their families. We hear from Lynne Jackson and Attorney Stephen Downs from Project Salam. We also hear from 12 year old Lejla Duka, and her cousin, family members with the Fort Dix Five case.

Lynne Jackson / Attorney Stephen Downs

  • CCR filed Aref v. Holder in the D.C. District Court
  • Aref/Hossain have left behind 2 families, 10 children, ranging in ages 4-16 years old.
  • What is going on with our country?
  • We formed Project Salam, we need to look at all these case together, there are hundreds of cases.
  • We’ve had no response at all from President Obama or Attorney General Holder
  • The Cheney one percent doctrine. If there is one percent chance that a Muslim will commit a terrorist act down the road you have to take them out.
  • One of the worst things you can do as Muslim is be generous. The government made good use of the material support for terrorism statute.
  • Certainly from my point of view, as a lawyer I assume every conversation I have is being monitored. I think all of you should to.
  • Check out prisoner database at CMU’s (PDF)

Lynne Jackson, volunteer and co-founder of Project Salam,  Attorney Stephen Downs, a retired New York State attorney and a volunteer attorney for the Yassin Aref case. Listen to last year’s Law and Disorder interview.

————————————————————————–

Law and Disorder March 22, 2010

lawfareproject1 lawfareproject3

Inside the Lawfare Project: Netanyahu’s Attack on Human Rights NGO’s Hits the States

Earlier this month, the Lawfare Project,  a not-for-profit organization described as dedicated to raising awareness about the abuse of the law and legal systems, held an event at the New York Lawyers Association. The project’s goals state:  to facilitate a response to the perversion and misapplication of human rights law, mobilize resources and bring interested parties together in a common forum.

Max Blumenthal, award-winning journalist, was there, and reports back in his recent article,  Inside the Lawfare Project: Netanyahu’s Attack on Human Rights NGO’s Hits the States. Our own Michael Ratner and the Center for Constitutional Rights was also a target. Blumenthal writes, The Center for Constitutional Rights was singled out because its founder, Michael Ratner, went on the recent Gaza Freedom March with Code Pink.  None of the factual documentation these groups released was challenged by the NGO Monitor report or in Herzberg’s presentation. Instead, the groups and their leadership are being targeted with a scattershot of accusations that recall McCarthyism in its crudest form.

Max Blumenthal:

  • This conference was convened at the New York Lawyers Association, with the Dean of the Columbia University Law School presiding over it.
  • Politicians, neo-conservative think tank heads, and Israeli high officials, convening basically to bash the Goldstone Report which they consider to be the zenith of law fare against Israel.
  • To bash the human rights groups that contributed data to the Goldstone Report.
  • Law fare: Using law as a means to conduct foreign policy. Past manifestations of law fare, used by British to legitimatize laws to break up their colonies.
  • Law fare Project, singled out human rights groups such as the Center for Constitutional Rights and Michael Ratner
  • Israel is going further and further outside of the scope of international law.  Instead of Israel having to deny charges of war crimes in a public forum they attack Judge Goldstone.
  • PR firms associated with the Lawfare Project. 5wPR, which used to represent birth right of Israel. The firm is run by Ronn Torossian, who has been involved with settler attacks on Palestinians.
  • They’re being funded by the law firm of Pat Robertson. The American Center for Law and Justice.
  • This is I think really an effort of public diplomacy by the Israeli government funded by right wing Jewish and Christian Zionists interests.
  • The NGO monitor headed by Gerald Steinberg, who is notorious in helping to de-fund, and de-legitimatize all Israel human rights groups. Israel had its first human rights march this year.
  • Human rights group members in Israel, have their homes graffit’d with “price tag”, settler slang for you’ll be assassinated.
  • In addition, you Michael Ratner were singled out as a traitor to the United States of America, openly and you’re in this NGO monitor black list. Put together by NGO monitor legal advisor, Ann Herzberg, you are accused of NGO lawfare. You and Human Rights Watch.
  • We heard David Matas who is a Canadian lawyer, says this is equivalent to anti-Semitic gangs beating up Jews in the street, – – because International law is the legacy of the holocaust, it should always side with Israel.
  • Michael Ratner: Israel wants an exemption. I’ve gone after human rights violaters in nearly every country in the world. We do a little bit of work on human rights violations in Gaza and the West Bank and all of a sudden I’m an enemy of United States, I’m anti-Semitic.
  • They’re seeking emotional and subtle ethnic justification for their defense without debating the Goldstone Report.
  • I think it puts Jews in danger, when they claim the Gaza assault which killed more than 700 civilians is somehow a reflection of the Jewish ethos.
  • The image of it is intended to intimidate those who want to speak out, especially in the Jewish community but haven’t done so yet.  We sound hopeful on this show, but this is a time for deep, deep concern.
  • People are wondering, where’s the Palestinian Ghandi?  My father was a White House advisor, my mother worked in the White House, my father worked in the Washington Press Corp Israel is in the grip of a mass psychosis.
  • In the youth of Israel, we’re seeing a trend in favoring apartheid.

GuestMax Blumenthal,  award-winning journalist and bestselling author whose articles and video documentaries have appeared in The New York Times, The Los Angeles Times, The Daily Beast, The Nation, The Huffington Post, Salon.com, Al Jazeera English and many other publications. He is a writing fellow for the Nation Institute. His book, Republican Gomorrah: Inside The Movement That Shattered The Party, is a New York Times and Los Angeles Times bestseller.

———

gibran gibran2

Khalil Gibran International Academy Principal Discriminated Against.

Last week the Equal Employment Opportunity Commission found that the Department of Education discriminated against interim principal Debbie Almontaser in 2007 when they forced her to resign from Khalil Gibran International Academy. The school was envisioned to provide knowledge and understanding of Arab language and culture and controversy arose before its doors opened.  As we covered in November of 2007, Almontaser was forced to resign after she was quoted explaining in the New York Post that the word “intifada” literally means “shaking off” in Arabic. This was in reference to a controversy stirring over a t-shirt that read “Intifada NYC” created and worn by a group called Arab Women Active in the Arts and Media. Almontaser came under criticism by the community for not denouncing it. The EEOC ruling calls on the Department of Education to reach a “just resolution”  as well as meet Almontaser’s demand, of a reinstatement, back pay, damages and legal costs. Communities In Support of KGIA

Alan Levine / Mona Eldahry:

  • DOE had capitulated to mob pressure, to community prejudice, when the firestorm erupted after the New York Post article, August 2007.
  • DOE, instead of quelling the fire, days went by and the fire grew. Debbie Almontaser’s qualifications were questioned, she was told if she didn’t resign the school would be closed.
  • Debbie was out of central casting for the position, she couldn’t have been more perfect for it. The DOE knew about that record, that’s why they selected Debbie as principal for Khalil Gibran International Academy.
  • The EEOC found that because the DOE capitulated, they became the discriminator.
  • Mona : The t-shirts in question, had nothing to do with Debbie, but somehow she was associated with them. The DOE required Debbie to do this interview with the New York Post, not with the Times.
  • The Post misquoted and misrepresented her as the EEOC found.
  • Alan: The DOE had succumbed to the kind of prejudice that the Khalil Gibran International Academy was intended to dispel.
  • The claim is based on that Debbie Almontaser was attacked by a bigoted community based on being an American Muslim and a government agency to its great shame capitulated to that prejudice.
  • Certainly the DOE could have expected a strong reaction from the Arab-American community.
  • Alan: The DOE investigation is accessible to us, what people said in this investigation will be part of the record in this case (federal)  The EEOC is the premier agency in the country for evaluating employment discrimination claims.

Guests, attorney Alan Levine and Mona Eldahry,  co-founder of Arab Women Active In the Arts.

——————————————————–