Afghanistan War, Civil Liberties, FBI Intrusion, Human Rights, Iraq War, Supreme Court, Surveillance, Targeting Muslims, Truth to Power, War Resister
Podcast: Play in new window | Download
New Time: Law and Disorder Broadcasts at 9AM on WBAI Listen here
Updates:
- 9-11 Anniversary/ Patriot Act / AUMF / Preventive Detention /Surveillance
- North Carolina terrorists / Consequences of cooperating with FBI
- Spanish prosecution update / Change in universal jurisdiction law / Trying to narrow law at behest of Israelis and Chinese
—–

Rethinking Afghanistan
Last week, Defense Secretary Robert Gates affirmed the US miltary commitment in Afghanistan, as thousands of additional troops are deployed. To give us a perspective we are joined by Norman Soloman, executive director of the Institute for Public Accuracy. Solomon is also the author of “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” and has written several articles about his experiences in Afghanistan. Solomon has returned from a visit to Kabul in late August. His articles have detailed the war torn landscapes, stunning civilian casualties and the desperate living conditions of Afghani children. Previous Law and Disorder Shows on Afghanistan
Norman Solomon
- It’s worse than the mainline media would tell us.
- People who do go to Afghanistan, travel in a bubble, taken around by the Pentagon and learn very little, often not speaking to any Afghans who aren’t part of Karzai government.
- The intention of the Obama Administration is to wage war in Afghanistan, and humanitarian aid and assistance is an after thought.
- It’s in the foreground for PR, but the suffering is way beyond the number of people killed that’s being reported
- Afghans are outraged at the US killing civilians and outraged at the air war
- There are no Al-Qaeda in in Afghanistan, that’s been true for a while.
- This is a prescription for endless war, repetition compulsion.
- The agenda is less defensive and high blown, they have to do with geo-political positioning which is primary.
- Recommended Book: Descent Into Chaos: The United States and the Failure of Nation Building in Pakistan, Afghanistan and Central Asia.
- Afghanistan War is a humanitarian disaster that continues to unfold.
- The solution has to do with humanitarian and military activity being inverted.
Guest – Norman Solomon, executive director of the Institute for Public Accuracy. Solomon is also the author of “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” and has written several articles about his experiences in Afghanistan. Solomon returned from a visit to Kabul in late August.
—–

T.Bishop – photo by: Eric Thompson
The Will To Resist: Soldiers Who Refuse to Fight in Iraq and Afghanistan
The majority of the United States has opposed the continued occupation of Iraq and as the Pentagon decides to send more US troops to Afghanistan, there is a growing public distrust surrounding this recent escalation of war. Is there also a growing resistance among the ranks of US soldiers? The mainstream media has failed to report on the increasing number of soldiers taking a public stand and finding ingenious ways to express defiance. Author Dahr Jamail has compiled a report of dissent within the military in his recent book The Will To Resist: Soldiers Who Refuse to Fight in Iraq and Afghanistan. Watch Winter Soldier Coverage
Dahr Jamail:
- In the last decade, 50 thousand troops have gone AWOL. In 2007, a 42 percent increase of troops going AWOL in the US Army. Nearly 8 thousand troops each year going AWOL.
- Increase in troops contacting groups such as Courage To Resist and IVAW
- Soldiers resisting are often quickly processed through to shut them up
- Massive escalation in Afghanistan – more than 60 thousand troops. 131 thousand troops still in Iraq.
- McCrystal was advised that after the surge is done, add 45 thousand more troops.
- Lack of quality treatment for PTSD and Traumatic Brain Injury are not lost on the military, they know and understand.
- The Will To Resist focuses on active duty troops and veterans, the lead chapter is about resistance on the ground in Iraq.
- Search and avoid missions, IED lottery, we would find an open field, park there and call in every hour, saying yes we’re still looking for weapons caches.
- We often see a demoralized unit being sent in to an extremely bad situation, when it gets time to gear up, the troops are sitting there and the commander sees them and rather than risk media exposure, he’ll cancel the mission.
- A lot of people still in Canada.
- Soldiers are not informed that they can refuse an unlawful order and that they can apply for conscientious objector status. Two resisters from Fort Hood, SP4 Victor Augusto and Sgt Travis Bishop.
Guest- Dahr Jamail, he currently writes for the Inter Press Service, Le Monde Diplomatique, and many other outlets. His stories have also been published with The Nation, The Sunday Herald in Scotland, Al-Jazeera, the Guardian, Foreign Policy in Focus, and the Independent.
————————————————————————–
Afghanistan War, CIA Sponsored Terror, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Military Tribunal, Prosecution of the Bush Administration, Targeting Muslims, Torture, Truth to Power
Podcast: Play in new window | Download
Updates:
- States increase opposition to money making traffic cameras: lawsuits.
——–

Alfred McCoy: CIA OIG Report PDF
Last month, marked the release of the CIA’s Office of Inspector General report investigating the use of “enhanced interrogation techniques” against detainees. The nearly fifty percent redacted report focused on incidents which exceeded the torture guidelines written in the Office of Legal Counsel torture memos. In the report, waterboarding a detainee 183 times was noted with only a concern, and highlighted abuses include faking the execution of a detainee by (quote) “contractors” without training and pointing an unloaded gun to a prisoners head. This report was not released with John Yoo’s torture memos. A move which could’ve helped prosecute torture architects such as Yoo and other Office of Legal Counsel lawyers who violated their professional ethical duties when they wrote memos claiming the administration’s proposed torture techniques were legal. Hear Al McCoy speak at Left Forum
Al McCoy:
- The chronology is important, the report is an investigation into excesses.
- The report also looks at the period ranging from 12 to 18 months when the alternative methods were authorized by President Bush – “enhanced interrogation techniques”
- For the first time in the history of the CIA, they were authorized to operate their own prisons, the so-called 8 black sites that operated from Thailand to Lithuania
- (Inspector General investigators) They opened up these secret sites and started collecting these detainees before they had clear guidelines and supervision
- Torture is seductive, erotic to the human mind, a process of which we know very little.
- Under US law section 23.40 of the Federal Code, psychological torture is legalized, there are only 4 things you can’t do under US law. One of them is death threats and death threats against a third party
- One of those hapless field agents that went over the top will take the fall. Yet, we know former Defense secretary authorized extraordinary techniques and his directions went down through the chain of command, it got all the way down to Abu Ghraib (prison photos link), where those soldiers were actually complying with those directives.
- The directives were illegal. You should be prosecuting the person who gave those orders at the top of the chain of command.
- In this case instead of having bad apples in military parlance, we’re going to have “rogue agents.”
- The stages of a country ruling with impunity – we’re not talking about a change of regime and then a tribunal, this is assuming continuity of government. (Clinton/Bush/Obama)
- It was necessary for our security: Dick Cheney’s latest argument – “so what, it made us safe.”
- We may have done these crimes but we now need to pull together and develop ourselves as a nation.
- The CIA had two distinguished cognitive scientists at Cornell University medical center in New York City, Doctors Henkel and Wolf. Ultimately they found the most devasting mode of torture is forced standing.
- Stand for hours motionless, sometimes days at a time, fluids flow to the legs, kidneys shut down, hallucinations begin, it’s incredibly painful.
- What they found back in the 1950s is you can make people do forced confessions, but its not very good in extracting objective information.
- Colin Powell’s former military aid, charged that Cheney in particular ordered this torture and extracted the false information – specifically with Ibn al-Shaykh al–Libi a prisoner whose false confession was used to link Saddam Hussein and Al-Queda.
- The best we can hope for is a Congressional Review, perhaps a Senate inquiry into the Bush years, that would look at the origin of the policy, the full nature of the policy, and whether or not it worked, not only gains but the costs. A serious, sober politically objective honest inquiry, apart from the prosecutions that may come from the Special prosecutor. Check out Progress Report’s – Accountability
- Within the American Psychological Association, these are not medical practicioners, they don’t take the Hippocratic Oath. It’s one branch of the medical community, the psychologists.
Guest – Professor of history at the University of Wisconsin-Madison. Author of “A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror” and also “The Politics of Heroin: CIA Complicity in the Global Drug Trade.
———————————–

Labor Law Reform: Employee Free Choice Act
The Employee Free Choice Act is a proposed legislative bill that would speed up the process for employees to form a union. Under current labor law, workers can select union representation either through an election or something called card check, – a majority sign up. The US National Labor Relations Board will only certify a union as the exclusive representative of employees only if it is selected by a secret ballot NLRB election or if the employer agrees to a card check process. The catch is, that companies can refuse to bargain with a union chosen by a card check process even if 100 percent of employees want the union. Right now, the choice to use an election process or majority sign up is controlled by the companies.
The Employee Free Choice Act would change this process and take away employers’ ability to decide whether to use only the card check process or secret ballot election. This would make it much quicker process for employees who needed to form a union. This labor reform law has not been proposed without a fight, nearly 200 million is funding a misinformation campaign back by groups such as the Chamber of Commerce. Read Abby’s Public Eye article here.
Abby Scher:
- In the fifties, unions represented a third of the labor force, now they represent 12 percent.
- Employers have a lot of time to beat back the union. The Center for Responsive Politics found that the Chamber of Commerce spent 400 thousand dollars a day in opposition.
- The chamber of commerce is the largest lobby group in the country
- You can hear the rhetoric in their misinformation campaign. ..“EFCA is unAmerican, it takes away the secret ballot, unionists are thugs that will coerce workers into giving up their individual rights.”
- It’s harsh rhetoric from what you would consider a main stream group
- The national right to work committee since the fifties has flipped the script.
- Two phone calls have gotten attention, Bank of America and Citigroup . . .the center for Union Facts, – Rick Berman and Bernie Marcus talking about how EFCA would destroy capitalism and tried to motivate people on the call to give to Republican candidates
- Chamber of Commerce front group – Alliance to Save Main Street Jobs. In the misinformation campaign, the chamber of commerce is saying that EFCA will hurt small businesses, because everyone loves small businesses.
- They retained this woman to do a study about how EFCA would destroy 600 thousand jobs. This woman’s specialty is intellectual property, this is not her background, she is a gun for hire.
- It (her research) was easily debunked but you still hear people citing that study.
- Surprisingly, unions are growing. Big businesses are the threat against small businesses, not unions.
- I encourage everyone to subscribe to the AFL-CIO blog
- Unions help workers bargain for better wages, people have money to spend, buying power, quality of life.
Guest – Abby Scher, Editorial Director of the Public Eye. Check out Abby Scher on Making Contact’s Radio Feature
———————————————————-
CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Prosecution of the Bush Administration, Targeting Muslims, Torture, Truth to Power
Podcast: Play in new window | Download

CIA OIG Report PDF
Attorney General Eric Holder appoints special Justice Department prosecutor John Durham to conduct a preliminary investigation into whether federal laws were violated in connection with the interrogation of certain detainees in U.S. custody. In this lively first half hour discussion, hosts Michael Ratner, Heidi Boghosian and Michael Smith discuss and detail why the investigation does not go after higher-ups within the US torture program, how tortured confessions are used to support war and that interrogators did not act alone.
- CIA OIG Report (PDF): Released because of requests by the ACLU / CCR / Amnesty International / Physicans For Human Rights
- Office of Legal Counsel Torture Memo Authors Should Be Prosecuted.
- Sham and Diversions: Special Prosecutor not “independent”
- 500 Year Setback: Doctors evaluating limits of torture
- Doctors, lawyers, officials, CIA, government agents involved.
- Torture report also reveal Cheney lies that intel was extracted from torture.
- CIA OIG Report Press Release
- Like a rat through a maze trying to find their way around the language
———

Jacob Ratner: Bolivia Debrief (photos courtesy of Jake Ratner)
We are very pleased to have with us Jake Ratner, our own Michael Ratner’s son, that is fresh off the plane from Bolivia. Jake is entering his final year at the University of Pennsylvania and shares with us some of his experiences from his three month stay with a Bolivian family. Experiences include, the Aymara indigenous culture, economics and socialism among the classes of people in Bolivia and comparisons to Cuban culture.
Jake Ratner:
- Working at a Bolivian Womens Prison
- Working with NGO helping women’s prison, teaching workshops, replacing faulty lighting etc
- San Pedro’s Mens Prison in La Paz: The prison is self functioning, the prisoners run small businesses and pay rent for their cells.
- That kind of autonomy was also in the women’s prison.
- When you go into the prison it’s like a small Bolivian village, there’s a fountain, kids running around.
- The spirit of rebellion is completely related to their culture, a culture of collective reasoning and resistance to the imposing power.
- Many women in prisons acted as drug mules. Drug laws in Bolivia, similar to Rockefeller drug laws in New York.
- El Alto, one of the poorest cities in Bolivia, extreme poverty. No plumbing. The eat a lot of freeze dried potatoes.
- Former Bolivian president Gonzalo Sánchez de Lozada Sánchez Bustamante made back room deals with Bolivia’s natural gas resources. Bolivians took to the streets, many were killed. A lawsuit is pending.
- El Alto, Bolivia is a “city” of roughly 800 thousand people that sits on a plateau above La Paz. It has been growing at an exponential rate and will soon supersede the population of La Paz
- Bolivia Social Security system: Bonos – payments to lower income families.
Guest – Jake Ratner, son of co-host Michael Ratner. He is in his last year at the University of Pennsylvania. Jake has traveled to and studied in Cuba. Check out Jake’s Flickr page here.
———-

————————————————-
Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Prison Industry, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
Podcast: Play in new window | Download

Naomi Wolf – Guantanamo Bay: The Inside Story
Has President Obama begun to honor his promise to close Guantanamo detention camp and undo secretive detention and interrogation policies within the year? Author and political consultant Naomi had to find out for herself. She is back from Cuba and wrote a highly descriptive narrative-style article of the trip titled Guantanamo Bay: An Inside Story. Naomi takes the reader into a surreal world where detainee handlers and lawyers flatly contradict each other and prisoners are viewed from a safari-tour distance.
Naomi Wolf:
- In order to close down an open society, you need secret prisons where torture takes place to create a police state.
- I’ve admired the work at CCR, and I thought since we have a new president I should go down to Guantanamo and see for myself if anything has changed.
- Getting off the plane in Cuba: It was like the Soviet Union in 1948, I was immediately separated from Pardiss Kebriaei. (CCR Attorney)
- Journalists are shadowed, literally every they’re there. Not only do they keep lawyers from doing their jobs, they keep journalists from doing their jobs.
- They literally treat detainees like animals in a cage. Any action that would humanize the detainees is categorically forbidden. They showed us camp x-ray first – the dog kennel-like cages.
- Running around these cages are rats the size of bulldogs.
- I went into another room and there was a huge pile of chairs. I looked closely at the legs and arms of chairs, there were duct tape marks as if someone were taped to the chair for interrogation.
- It was clear that the Obama Team wanted to communicate there was a kinder, gentler Guantanamo.
- Mohammad Al Anashi – alleged suicide. Banality of Evil
- Their bodies are crimes scenes but they can’t talk about what happened to them because it’s classified.
Guest – Naomi Wolf, author of seven books, and the groundbreaking book The End of America: A Letter of Warning To A Young Patriot, which was also turned into a feature documentary. In the book, Naomi addresses ten steps that societies, dictators, and sometimes democracies use to close an open society to move it toward facsism. Her new book is titled Give Me Liberty: A Handbook for American Revolutionaries which is a call to action for every person, activist or not. When you ask that question “What Can I Do?” The answers are outlined in Give Me Liberty.
Listen to past Law and Disorder shows with Naomi Wolf.
————–

Mohammed Jawad
The Obama Administration proposed a new strategy last week for continuing the detention of Mohammed Jawad, he’s an Afghani being held for allegedly wounding two US soldiers with a grenade in 2002. Jawad may have been as young as 12 when he was picked up in 2002. Last month, the Obama administration conceded defeat when US District Judge Ellen Segal Huvelle told Justice Department lawyers that the case for holding Jawad was quote riddled with holes. Now, the Obama administration under pressure to release Jawad to Afghanistan, is asking to hold Jawad and try the case in a US District Court. A military judge has already ruled that his confession to Afghanistan authorities had been coerced by torture because they threatened to arrest and kill his family.
Jonathan Hafetz:
- Mohammed Jawad, arrested in Afghanistan in 2002 for allegedly throwing a grenade in a crowded market place that injured 2 US service members and their Afghan interpreter.
- Following his arrest, he was beaten and tortured by corrupt Afghan police who also threatened to kill him and his family if didn’t confess to throwing grenade.
- He was then turned over to Americans who continued to torture and terrify him. They then obtained a different false confession.
- He was taken to Bagram Prison at the peak of torture and abuse in December 2002.
- He was then rendered from his home country and taken to Guantanamo in February 2003.
- Mohammad Jawad suffered psychological stress, was observed to be in a trance state, then psychologists saw this as an opportunity to completely break him.
- He was sleep deprived, moved 110 times during a 2 week period.
- Fall of 2008, a military judge threw out false confessions that Jawad made to Afghan and US officials.
- By the end of 2008, the military commissions case was literally on life support, meanwhile Jawad enter’s his seventh year of detention.
- Even after a judge dismissed the coerced torture evidence, Obama administration still tried to use this evidence against Jawad.
- The case now under US District Judge Ellen Segal Huvelle; had granted Habeas petition, ordered Jawad to be released.
- New law: Before transferring a detainee from GTMO to another country, the president must provide notice to Congress. The power to decide release of Guantanamo prisoners still in Executive Branch of US Government.
Guest – Jonathan Hafetz, attorney with the ACLU’s National Security Project and one of Jawad’s lawyers. Jonathan Hafetz blasted the Obama administration for its “pathetic attempt to prolong an outrageous case and to manipulate the court system.”
—————————————————————————–
Afghanistan War, CIA Sponsored Terror, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims
Podcast: Play in new window | Download
Host Updates:
Segments This Week:
——-

Washington DC Check Points Not Legal: Mara Verheyden-Hilliard
Last summer, D.C. police set up checkpoints around the city’s Trinidad neighborhood and denied access to drivers who refused to disclose their destination. The purpose of the checkpoints, according to the Metropolitan Police Department, was to deter violence after a string of drive-by shootings in 2008. Recently, a federal appeals court ruled that these checkpoints are unconstitutional. In the opinion, Chief Judge David Sentelle of the D.C. Circuit Court of Appeals wrote that “citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access.” The Partnership for Civil Justice
Mara Verheyden-Hilliard:
- We do think if we had not succeeded with this case, it would have been a model in implementation in urban environments throughout the U.S.
- In the District of Columbia, last summer the mayor and the attorney general deployed an extraordinary checkpoint program. It was really a blockade or barricade program.
- It was the sealing off of an entire neighborhood, police setting up check points and not letting anyone through without being interrogated. It’s an interrogation and seizure program.
- The police would question you, as to where you were going, who you were visiting, demand that you provide identity information, information on your associates, information on what you were doing, who you knew.
- You could not continue to drive on this public roadway unless you proved to the satisfaction of the police, a legitimate reason to travel further. When we challenged them, they stayed in court, they defended the program, saying it was absolutely constitutional.
- Plaintiffs included a 50 year old resident, a retired DC school teacher. He would have to be stopped at the checkpoint to get to his own home. Visitors were reluctant to come over, to avoid getting tangled with the police. Racial profiling, police misconduct, abuse of power.
- It’s not nearly that your stopped by the police and you can explain your way in. The police set up 6 defined categories of legitmate reasons for entering. Visiting a friend is not a legitimate reason.
- If crime became the prevention for fundamental fourth amendment rights, then there wouldn’t be any fourth amendment rights to speak of.
- The issue is you have the right to travel down a public roadway without being seized by the police without any allegation of criminal activity or suspicion of criminal wrong doing.
- The Trinidad neighborhood is on the cusp of gentrification. We’re seeing a lot of these programs happening in areas that are moving toward gentrification.
- The community wants geniune responses to crime in their neighborhoods, this program was not only unconstitutional but ineffective.
- We believe they were collecting information at the checkpoints and collecting a criminal database.
- We demanded that they cease that activity and expunge the information collected in the database.
- They were sending in tag readers, they’re mounting cameras on government vehicles, they do a mass scan on license tags and suck up information on where you are.
Guest – Mara Verheyden-Hilliard is an attorney and co-founder of the Partnership for Civil Justice, which represented three drivers challenging the checkpoints.
—————-

Jewish Fast For Gaza
A group of American Rabbis have launched a water-only fast, aimed at breaking the Jewish Community’s silence over Israel’s collective punishment of Palestinians. The initiative, called Jewish Fast For Gaza includes Reform, Reconstructionist, Orthodox and Conservative rabbis who call for lifting the blockade on Gaza. They plan to fast the third Thursday of each month, lasting from sunrise to sunset.
Rabbi Brian Walt:
- This idea of a fast in a time of trouble is an ancient tradition. We were stunned by the silence among the Rabbis.
- So we decided to gather together as a Minyan, to break the silence in our community.
- It’s not a Jewish-only initiative, it’s a Jewish initiated event to draw people of all faiths.
- The state that is the state of the Jewish people is preventing food from reaching children whose growth is stunted by these actions. To be silent in the face of that as a Rabbi, is inconceivable to me.
- Can’t one separate out, an opinion about a government and collective punishment of a whole people?
- Four goals: Lifting Israeli blockade, bring in food, make peace with your enemies.
- Does Israel recognize the Palestinian people?
- Why is Israel asking two things of it’s partner that its not prepared to do?
- It’s a pretext because Israel doesn’t want to negotiate. If Israel doesn’t want to negotiate, they’ll say the other side doesn’t want to, it’s a trick that Israel has done for decades.
- Anyone can join the fast, nearly 600 have joined. 70 Rabbis so far.
- The most vile and violent responses we get come from Israel.
- I grew up under apartheid in South Africa in a very Zionist family with deep connections in Israel.
Guest – Rabbi Brian Walt, co-coordinator of Jewish Fast For Gaza. Rabbi Walt is also the founding executive director of Rabbis for Human Rights-North America and Rabbi Emeritus of Congregation Mishkan Shalom, a synagogue in Philadelphia, PA. He is dedicated to the integration of spiritual life and social justice. Born in Cape Town, South Africa, he was active in the struggle against Apartheid. He is a member of the board of the National Religious Campaign against Torture.
———————————————
Civil Liberties, Criminalizing Dissent, Human Rights, Prosecution of the Bush Administration, Supreme Court, Targeting Muslims, Truth to Power
Podcast: Play in new window | Download
Host Updates:
Segments This Week:
WBAI Listener Rundown
—–

French Company, Veolia Abandons Light Rail Project Linking Illegal Jewish Settlements
A French multinational company, Veolia Transport, contracted to build a light rail tramway system linking west Jerusalem to illegal Jewish settlements has abandoned the project. The rail system would have grouped more Jewish settlements into the State of Israel and help annex the Palestinian territory of east Jerusalem. The victory came about from years of coordination by the French, Dutch and British groups, as well as the Palestinian BDS National Committee.
Omar Barghouti:
- Israel has not found an effective weapon to counter the civil non-violent weapon of the Palestinians.
- BDS is a movement based on Palestinian rights, to live without occupation, without colonization, without apartheid and the system of discrimination.
- A colony is a base for settlers who have are aggressive / military and confiscate more Palestinian land. Stealing more land, stealing water, cutting Palestinian trees, doing very nasty colonial acts.
- Boycott Divest and Sanction / BDS movement – Motorola / Israeli fruit and vegetables in Europe
- Divest, is when you pressure a university like Hampshire College to divest from companies profiting from the occupation. Also churches and unions can be pressured and levied. Sanction is a boycott by state. A decision by sovereign governments to isolate another government. Sanctions take a long time to get going.
- Veolia is part of a consortium that is contracted to build a light rail to connect illegal Israeli colonies with Jerusalem.
- International support for the Derail Veolia campaign came from Australia, Sweden, Britain, France and Tehran.
- Veolia lost 8 billion in contracts mainly due to the boycott movement.
- Veolia has not withdrawn yet, its a very technical process requiring Israeli approval. But Veolia has said it can’t sustain the losses and has considered withdrawing.
- This victory told us that you can’t censor yourself. Veolia says it will sell its 5 percent share in the consortium light rail.
- The project is illegal, that’s why people didn’t have to think twice to stop it. Israel’s reaction to Veolia withdrawal and BDS movement, very hush hush, which was intentional.
- The boycott campaign is impacting Israeli produce. Israeli barcodes begin with “729.” The BDS movement is growing in Indonesia, Brazil, Venezuela.
Guest – Omar Barghouti, founding committee member of the Palestinian Campaign for the Academic and Cultural Boycott of Israel. Omar is a Palestinian political analyst and doctoral student of philosophy (ethics) at Tel Aviv University. His articles have appeared in the Al-Ahram Weekly, Z-Magazine, and Counterpunch.
—–

Ricci v. DeStefano
Last month, the Supreme Court ruled 5-4 in Ricci v. DeStefano that a group of white firefighters and one Hispanic had been discriminated against when the city threw out a 2003 lieutenants’ promotion exam after African-American firefighters scored lower than required. The higher scoring firefighters say the decision is unfair and compared it to (quote) reverse discrimination. The high court declared that white firefighters in Connecticut were unfairly denied promotion because of their race, ruling against minorities and overturning Supreme Court nominee Judge Sotomayor’s earlier ruling. Title VII
Attorney Richard Levy:
- The question: When can an employer set aside a hiring test or procedure because it has adverse impacts on a minority group?
- In the Connecticut firefighters case, whites passed the exam at levels twice that of blacks and hispanics.
- The city decided to take a look at the test, considering the adverse impact on minority officers in the fire department.
- The city held a number of hearings that determined that the test should not be certified. As a result a group of white firefighters backed by their unions, sued the city.
- They said, wait, now you’re discriminating against whites because we studied and passed, and black and latinos did not, doesn’t mean that the test is bad.
- The test had a 60 percent written component and 40 percent oral component. (Test questions were not reviewed by anyone in the New Haven fire department)
- The test was created in a way that purportedly measured firefighter skills. However, oral skills in the field are much more important than written.
- Title VII says that you have to look at exams that are neutral on their face, but not neutral on their outcome.
- The Supreme Court says you can’t just throw out a test because blacks didn’t do well, suppose it’s a test that is fair and necessary for job performance? You are then discriminating against those who took the test and did well to perform the job.
- Supreme Court: What should the standard be. A new standard. Must have a strong basis in evidence that the test is not valid.
- Five of the nine justices changed the standard. It raises the standard for a city to do what its supposed to do.
- The Supreme Court did not allow the case go back to the city where they could show “strong basis in evidence”
- A result oriented outcome, an activist right wing bench changing the law, and the parties are not allowed to present evidence in light of the new law.
- Forty percent black in Connecticut. Their fire department has 30 percent black incumbency.
- NYC is 28 percent black, the fire department is 3 percent black incumbency. Levy Ratner is challenging the NYC test. (entirely written some physical, no oral component) CCR Firefighters Case in NY. Vulcan society brought the case several years ago.
Guest – Richard A. Levy (Cornell, B.A., 1964, NYU School of Law, J.D., 1968) is a senior partner at LR. He has practiced labor, employment, employee benefits and civil rights law since 1971. During law school he was associate editor of the Annual Survey of American Law. A member of the United States Supreme Court Bar, Levy has lectured at conferences for the NLRB, AFL -CIO, Practicing Law Institute and has published articles on labor law and civil rights litigation. He has served on the Lawyers Advisory Panel of the AFL -CIO.
Richard Levy has litigated a number of important employment discrimination class actions. These include Grant v. Bethlehem Steel, 635 F.2d 1007 (2d Cir. 1980) (finding prima facie case of disparate treatment and disparate impact in failure to promote black ironworkers into supervisory jobs); Latino Officers Association v. City of New York, 209 F.R.D. 79 (S.D.N.Y. 2002) (class action challenge to disparate discipline in the New York Police Department, with settlement for up to $20 million in damages and injunctive relief) and most recently, United States v. City of New York, 2009 U.S. Dist. LEXIS 39514 (E.D.N.Y. 2009) (representing class of African-American applicants for entry-level firefighter jobs with City of New York ).
——————————————————————————–