Civil Liberties, Human Rights, Impeachment, Surveillance, Targeting Muslims, Torture, Truth to Power
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Verdict Against Holy Land Charity Could Have a Chilling Effect on the Muslim Community
Last month, a jury in Dallas, Texas found five Palestinian men guilty of more than 100 charges in the nation’s largest terrorism financing trial since 9/11. We talk with Laila Al-Arian, a Washington based journalist, who recently wrote a powerful Alternet article about this case and its impact on Muslim charities.
As many listeners may know, Holy Land was the largest Muslim charity in the United States, the the Bush administration shut it down after the September 11th attacks, and arrested five officials from the charity. In her article Al-Arian describes how the prosecution use unrelated video of suicide bombers to emotionally sway the jury. We’re later joined by Linda Moreno, a defense attorney in the case.
Laila Al-Arian:
- One of the witnesses (in this recent case) was an expert witness, he was a Shin Bet agent.
- The way the US government is trying to prove that these Zakaat Committees are funding Hamas is through the testimony of this Israeli witness. The testimony can’t be authenticated.
- The first time in a US court room that an expert witness, not a fact witness, testified under a pseudonym.
- How do you detect perjury, or how does the defense cross-examine without background.
- Expert witness lied to the jury about the Zakat committees being tied to Hamas
- What you’re really doing is prosecuting an Israeli Palestinian conflict in an American courtroom.
- For Muslims giving charity is a religious obligation.
- There will be an appeal on the grounds of the expert witness Shin Bet agent.
- Joe Lieberman and George Bush commented on the verdict of this case.
- All this does is punish people who are suffering, and punishing those who want to help them.
Linda Moreno:
- The government began its exhibit with a photograph of a bombed out bus, which had nothing to do with the accused in the Holy Land case.
- They also showed video of children doing skits, an art form that is a result of culture under occupation.
- Children in the US get to play violent video games, but they get to turn that off and go back to the safety of their home, go into your bedroom and shut the door. When you’re a Palestinian child, you don’t have that luxury.
- We know because we proved in both trials, that the US Government through USAID and other organizations was giving to the exact same Zakat Committees that were at issue in the indictment of this case.
- And the notion that you have to vet the recipient of charitiable donations, I believe is un-American.
- There’s just something wrong about criminalizing humanitarian aid. Charities under fire.
Guests – Laila Al-Arian, a Washington DC based journalist. Linda Moreno, high profile defense attorney.
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Legislation To Stop Preemptive Pardons
So far George W Bush has issued nearly 170 pardons, they include a Missouri farmer who unintentionally poisoned three bald eagles. Pardons give the recipients greater leeway to find jobs, live in public housing and vote. Many expect that President Bush will pardon himself and other high officials as a shelter from criminal charges and that’s what New York Congressman Jerrold Nadler is trying to prevent. Nadler is the Chair of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, and he’s recently introduced House Resolution 1531 demanding that Bush refrain from issuing pre_emptive pardons of senior officials in his Administration during the final 90 days of office.
New York Congressman Jerrold Nadler:
- No pre-emptive pardons, the president should not do it, it’s a dangerous abuse of pardon power.
- HR 1531 also says that we believe an attorney general should appoint an independent counsel to investigate alleged various crimes, such as warrantless wiretapping, torture, renditions and so forth committed during the Bush administration.
- Premptive Pardons: President Ford pardoned Nixon, for any crimes that he might have committed.
- President H W Bush pardoned Casper Weinberger and various other people for any crimes they might have made. President Carter pardoned anyone who violated the draft laws in evading the draft during the Vietnam War.
- My feeling is the reason for pardons or give the pardon power in the first place is you want to temper justice with mercy.
- It would be an abuse of power before they get convicted of a crime. If he pardoned all the people well, then how do you develop a case.
- I think there should be a commission with supoena power, that can get at the facts, that can have people testify, that can develop more information for prosecutors to use.
- Right now the narrative will be: Nobody did anything wrong, we protected the American people from terrorism.
- We need to educate the American people about why these prosecutions must be done.
- It’s very important for the people in a democratic country to know what was done in their name.
- One of the problems we have in this country today is that everything is secret.
- The resolution will not be passed in this Congress. If Bush exercises pardons, then there’s very little we can do about those pardons. I’m going to introduce a constitutional amendment to restrict the pardon power in the future.
Guest – Congressman Jerrold Nadler – He represents New York’s Eighth Congressional district. The Eighth, one of the most diverse districts in the nation, includes Manhattan’s West Side below 89th Street, Lower Manhattan, and areas of Brooklyn including Borough Park, Coney Island, Brighton Beach, Sea Gate, Bay Ridge, and Bensonhurst.
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Harpers Magazine Panel: Justice After Bush: Prosecuting an Outlaw Administration
We hears excerpts from 2 speakers in the panel. Our own Michael Ratner President, Center for Constitutional Rights and Burt Neuborne, Legal Director, Brennan Center for Justice, New York University. The event discussed methods available to a democracy to prosecute high officials in the Bush Administration and responded to Scott Horton’s Harper’s Magazine cover story called “Justice After Bush: Prosecuting an Outlaw Administration.” We will hear more from the other speakers in the coming weeks.
- Elizabeth Holtzman, Author, The Impeachment of George W. Bush
- Scott Horton, Contributing Editor, Harper’s Magazine
- Jerrold Nadler, Chairman, House Subcommittee on the Constitution
- Antonio Taguba, Major General (U.S. Army Ret.)
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Civil Liberties, Extraordinary Rendition, Habeas Corpus, Human Rights, Supreme Court, Targeting Muslims, Torture, Truth to Power
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Debrief: Vermont Attorney General Candidate Charlotte Dennett
Attorney Charlotte Dennett of Vermont ran for the state attorney general on the platform that if elected she would immediately undertake the prosecution of George W. Bush for the unnecessary deaths of Vermont soldiers in Iraq. Vermont has paid the highest price in deaths per capita in the nation. This strategy is based and outlined in the book, The Prosecution of George W. Bush for Murder, written by Vincent Bugliosi, former prosecutor and bestselling author. The strategy is to establish jurisdiction in the cases for Attorneys General in each state and also the approximately 900 district attorneys in the counties of those states.
Charlotte Dennett:
- We weren’t trying Bush on war crimes. What we were proposing was to prosecute Bush under state murder statutes, criminal statutes.
- William Sorrell, current Vermont Attorney General, in his campaign, claimed that it (prosecution) couldn’t happen in Vermont, if you want to prosecute war crimes you have to do it in the Hague.
- Sorrell repeated this message constantly, making it (prosecution) seem impossible to do in Vermont.
- Sorrell would not acknowledge that, if he did acknowledge then we could establish jurisdiction and moved forward.
- Because he refused to acknowledge it made it look hopeless and ridiculous. I’m afraid a lot of Vermonters got that message.
- A friend of mine told me that when asked if the Obama administration will prosecute Bush, our own senator Patrick Leahy, head of the senate judiciary committee said No it can’t be done. Dont’ roll over on thisIf we keep letting this happen then what kind of society are we going to encourage.
Guest – Charlotte Dennett, attorney, and former investigative reporter for 30 years and has been practicing law in Vermont for 11 years. She helped sue one of the worst polluters of the country, including Du Pont.
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On War Crimes and Torture: Should High Government Officials Be Investigated and Prosecuted?
We hear an excerpt from a debate between our own Michael Ratner and Stuart Taylor at Georgetown University, moderated by David Vladeck, Professor, Georgetown University Law Center. Stuart Taylor is a senior fellow in Governance Studies at the Brookings Institute, he’s a columnist for the National Jornal and contributing editor for Newsweek magazine. The event was titled On War Crimes and Torture: Should High Government Officials Be Investigated and Prosecuted? These issues are moving to the forefront in some media as the Bush Administration comes to a close.
Internet Message Forum On The Debate
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Research Professor of Law, Michael Tigar
Michael Tigar is an expert in Constitutional Law and the Supreme Court. He has represented Terry Nichols of the Oklahoma City Bombing, Angela Davis, and Lynne Stewart. Tigar outlines several steps the Obama Administration must do to turn back the major breaches in U.S. civil liberties.
Michael Tigar:
- There is now a systematic breaking down of all barriers against government intrusion into the private lives of people.
- Alien Enemy Combatants: A creation of a new class of people who are thought to be utterly right-less, both as to whether they can be detained, the conditions of their detention, and the manner in which they can be held and interrogated.
- Meanwhile, we have legal fictions such as the Vice President saying he’s neither a member of the executive or legislative branch, and therefore being subject to the rules of both is subject to the rules of neither.
- We have justice system staffed with people whose only qualification is their asserted ideological purity.
- We have two aggressive wars, all done to the tune of the most massive federal debts in history.
- This, accompanied by the largest transfer of wealth from the poor, and working class to the already wealthy, coupled with the dismantling of regulatory barriers of how greed and avarice operate.
- It is the lack of any significant organized resistance from legislators, and with some few bright exceptions, judges and lawyers that define for us the task that lies ahead.
- Eric Holder, a good lawyer, was among the group of people in the Clinton administration that even though they had all the evidence, that they would not prosecute Pinochet.
- National State Secrets: the case of journalist Quentin Reynolds who took a ride on an Air Force jet and it crashed, his widow sued under the federal tort claims act saying that she thought there was negligence. The United States convinced the Supreme Court that to disclose the reasons why that plane crashed might involve state secrets, and that she should not be able to sue.
- Sixty years later the maintenance file on that plane was on unsealed. It turned out that it was a routine maintenance error that caused the crash. Behind the curtain of states secrets is illegality and mendacity.
- How many years did it take to get Pinochet for any kind of proposed criminal accountability, almost 20, because of states secrets.
- The tort system, that is the way we enforce rules about safe products, it’s the way that we enforce the rules about the toxic substances that poison people, it’s the way that we deal with the kleptocracy that rules wall street.
- It’s so well tested – Marbury v Madison 1803 – Chief Justice Marshall said that he could decide a case was unconstitutional.
Guest – Michael Tigar, a criminal defense attorney who has represented some of the country’s most controversial clients. He is also a member of the Duke University Law School faculty.
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Impeachment, Supreme Court, Targeting Muslims, Torture, Truth to Power
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Michael Ratner and Michael Steven Smith update on the media discussions of whether to prosecute the “torture conspirators”, the details of Attorney General Michael Mukasey’s collapse, and a preventive detention scheme that could replace Guantanamo prison.
- No truth commission. Insist on criminal investigations and prosecutions of torture conspirators.
- Power concedes nothing without demand, it never did and it never will.
- Mukasey gives speech about not prosecuting people during Federalist Society speech, then collapses on the stage.
- A Seattle state court judge in the federalist society audience started yelling, Tyrant! Tyrant! Tyrant!
- This was about law itself, unless you have prosecutions going forward it will happen again.
- How will Guantanamo be closed? CCR general position: Repatriate 95 percent, try the rest in federal court.
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Ali Al-Marri Case Update: Key Police State Building Block At Stake
In June of this year, an en banc Federal Appeals Court in Virginia ruled 5-4 that the Bush Administration could subject Ali Al-Marri to indefinite detention even though he was a resident of the United States. The court in the fourth circuit ruled that US residents could be locked up indefinitely as enemy combatants even though they were never charged with a crime. Al-Marri is the only enemy combatant currently in detention and without charges in the United States.
Jonathan Hafetz:
- Can the president declare legal residents including American citizens, enemy combatants, deprive them a right to a trial and hold them indefinitely.
- This, based on the idea that there is a global and never ending war on terror.
- Though on sovereign soil, no right to habeas corpus. He was declared an enemy combatant, the case was lost in an embank in the fourth circuit
- Why is this case so critical to liberty in the United States . . . ?
- The five judges who ruled against the case, said essentially that there must be this power to effectively detain people in the United States to prevent terrorist attacks.
- Ruling: the president can label legal residents including American citizens an enemy combatant in the United States, without a trial, no habeas, hold them indefinitely.
- It’s the idea of the president to use the military to seize people including citizens from their home or places of work.
- A very dangerous power to allow any president to have, it corrupts the justice system, it can be used as a weapon,
- Seven years of these cases of assertion of executive power, and the courts have not answered this fundamental basic question, who can be detained by the military, who is a soldier and who is a civilian?
- All that is stated is that if someone picks up a weapon on the battlefield, that person can be a soldier, but in the most extreme cases in the war on terror – – such as being picked up in the United States as a soldier in the extended geographic concept of the war on terror – – the courts have not grappled with whether there is habeas in those cases.
- Even the judges who ruled against us did say that it included American citizens.
Guest – Jonathan Hafetz, Staff Attorney at the American Civil Liberties Union, National Security Project.
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Jeremy Scahill: This Is Change? 20 Hawks, Clintonites and Neocons to Watch for in Obama’s White House
As President-elect Barack Obama starts building his administration, many are watching who he selects and how these choices will be consistent with the rhetoric of change. Hosts talk with investigative journalist and author Jeremy Scahill about his recent article calling to question the list of recent appointees to the Obama team. Some have a history of supporting torture, despite Obama calling for the shutting down of Guantanamo, and others have associations with the neo-conservative Project For The New American Century.
Jeremy Scahill:
- Clinton’s policies laid the groundwork for some of the most repressive and violent policies of the Bush era, on Iraq, civil liberties, on economic policy.
- He (Clinton) rained missles down on Iraq, bombed Yugoslavia in 1999 without UN authorization. He pushed through NAFTA and GAT, he launched airstrikes against Sudan and Afghanistan, he militarized the war on drugs, particularly the counterinsurgency war in Latin America. CIA renditions began.
- Obama is taking these same individuals who were part of that bi-partisan war machine and putting them back in prominent positions.
- Obama’s defense secretary – Robert Gates, George HW Bush’s former director of the CIA.
- What message does that send not only to the anti-war people who were a large part of Obama’s base but to those which heard Obama say we’re going to change the way Washington’s foreign policy is run?
- Henry Kissenger says it’s (Obama administration) outstanding.
- The fact that these people are praising Obama, gives us a sense of what to expect from the economic team.
- The message is clear that corporate interests are going to reign supreme, over the interests of ordinary working folks in this country.
- A total contradiction in Obama’s campaign pledge to speak up for the middle class. The reality is is that he is putting together a team with the people who are part of the problem.
- Naomi Klein: Obama represents the status quo, which is not good for people who roll up their sleeves everyday and go to work, or suffering poor
- Eric Holder, attorney general, though better than any AG the Bush Administration has appointed, Holder has worked the Chiquita Banana Co., the most vicious violators of human rights in Latin America.
- I think its incredibly important that we put tremendous pressure on the Justice Department, on the Obama Administration to actually seek out justice.
- Obama Adminstration may not prosecute “torture conspirators.” because they open themselves up to Democratic complicity. Complicity such as voting for the Patriot Act, supporting the illegal, unlawful prison in Guantanamo.
- Former Chief Assistant of the CIA, Brennen steps down from CIA director nomination, a passionate supporter of torture techniques.
- The idea that Obama even keeps him on board as one of the people who is going to decide who runs the intelligence apparatus in this country is shameful.
- It’s Orwellian, you vote for change, and you get torture and skewed intelligence.
- The reality is that Obama is not going to end the occupation in Iraq, he is going to escalate the war in Afghanistan.
- He’s not going to be great at all in holding the Bush officials accountable.
- We need to start building a movement in this country that is independent of electoral politics.
- Ultimately the premier issue of our time – Radical Privatization.
- Yes, its good that John McCain and Sarah Palin are not in power in this country but Obama is not a saint, he is a center democrat, closely tied to the democratic policy elite.
Guest – Jeremy Scahill, investigative journalist and author of Blackwater: The Rise of the World’s Most Powerful Mercenary Army. He is also a Puffin Foundation Writing Fellow at The Nation Institute and a frequent contributor to The Nation. Scahill and colleague Amy Goodman were co-recipients of the 1998 Polk Award for their radio documentary “Drilling and Killing: Chevron and Nigeria’s Oil Dictatorship”, which investigated the Chevron Corporation‘s role in the killing of two Nigerian environmental activists.
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Civil Liberties, Guantanamo, Human Rights, Targeting Muslims, Truth to Power
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Pittsburgh Taser Case: Two Women Bring Lawsuit
Here on Law and Disorder we’ve given periodic updates on key situations regarding tasers. We’ve covered cases in California and Florida, and on Amnesty International’s position. We bring another case where Mike Healey an attorney in Pittsburgh is cooperating with the Center For Constitutional Rights. Taser Shockwave: Taser’s Latest in Taming Dissent – Posted By Dalia Hashad
The case was brought by two people who were tasered multiple times even after they were arrested and put in police custody. Watch Video: Unneccessary Taser Use At Anti-War Demo Warning: Strong language/ Note also, use of canine intimidation.
Past Law and Disorder Taser Segments
Guest – Mike Healey, Pittsburgh attorney cooperating with the Center For Constitutional Rights.
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Mass Transfer Of Detainees From New York City To Texas
Today we’re joined by National Lawyers Guild attorney Maunica Sthanki to discuss the transfer of thousands of prisoners from detention centers in New York City to South Texas. Maunica works in a detention center in South Texas and says that unlike criminal cases, in detention cases there is no right to free court appointed counsel. The detainees are faced with navigating through a complex unfamiliar system. Detainees with mental illness were not always represented by a lawyer.
Maunica is working at Probar, a Texas based legal aid group. She explains the differences of between immigration law and criminal law to detainees. “When New Yorkers (detainees) come down to Texas, they’re used to the legal aid and Santuary for Families and all these non-profit service providers and then they find out I’m the only one to help out.”
Guest – Immigration attorney, Maunica Sthanki, she also describes the severity of the problems that detainess with mental health problems face while in detention centers.
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Civil Liberties, Habeas Corpus, Human Rights, Iraq Veterans, Iraq War, Military Tribunal, Supreme Court, Surveillance, Targeting Muslims, Truth to Power
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Iraq Veterans Against The War: Jose Vasquez
The group Iraq Veterans Against The War or IVAW has emerged as the leading antiwar group in the United States. Recently, thousands of IVAW members held rallies and marches at the RNC and nearly 10 thousand marched at the DNC in Denver. The demonstrations urged presidential candidates to endorse ending the Iraq war and paying reparations to the people of Iraq.
The IVAW also calls for the immediate withdrawal of all occupying forces in Iraq, stopping the corporate pillaging of Iraq, and full benefits, adequate healthcare for returning servicemen and women. IVAW chapters are in 48 states, Canada and DC, members include recent veterans and active duty servicemen and women from all branches of military service, National Guard members, and reservists who have served in the United States military since September 11, 2001.
Guest – Jose Vasquez, a 14 year US Army veteran and conscientious objector. He is an active member of Iraq Veterans Against the War (IVAW) serving as the New York City chapter president. Jose was also a key organizer of Winter Soldier: Iraq and Afghanistan.
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Iraq War – Status of Forces Agreement: Anthony Arnove
Nearly 4,200 US soldiers and 1 million Iraqi civilians have been killed in the US occupation of Iraq since 2003. .Right now there are 75 major US bases in Iraq, 140 thousand US troops and 180 thousand private contractors operating in Iraq. The cost of the Iraq War so far is 3 trillion and this year the monthly average expense is 12 billion dollars.
A pact recently negotiated in secret by the US government intends to extend the US occupation 3 more years in Iraq despite public and Congressional opposition. Tens of thousands of Iraqis have demonstrated against the pact that calls for full US withdrawal by 2012, but the agreement also leaves open the possible later date of withdrawal.
Anthony Arnove:
- Status of Forces Agreement; Orwellian slieght of hand – Combat troop withdrawal only.
- US is currently responsible for the detention of thousands of Iraqis who are being held without trial.
- 14 permanent US bases in Iraq: Areas to project power from in the future.
- Iraq: World’s second largest oil reserves, and world’s most strategic shipping routes.
- In the SOFA agreements, the US is making a condition to pass a national oil law.
- Iraq’s oil is distributed unevenly, leading to regional tensions between Kurdish and Shia regions.
- Obama rhetoric: Blaming the Iraqi people – the Iraqis haven’t spent money or achieved political reconciliation, or passed a national oil law
Guest – Editor and writer, Anthony Arnove, author of Iraq: The Logic Of Withdrawal.
Anthony Arnove Wikipedia Entry:
Arnove is best known for his books on Iraq and the Iraq War. Arnove is the author of the book Iraq: The Logic of Withdrawal, published in hardcover by the New Press and in paperback by Haymarket Books. Arnove toured the country promoting the book in spring 2006 as part of the New Press’ “End the War Tour”.
Arnove is also the editor of Iraq Under Siege, published by South End Press, the co-editor with Howard Zinn of Voices of a People’s History of the United States, published by Seven Stories Press, and the editor of The Essential Noam Chomsky, published by the New Press. He writes frequently for left-wing publications; he is a featured author at ZNet, a columnist for Socialist Worker, and on the editorial board of the International Socialist Review. He has also written for The Nation, In These Times, Le Nouvel Observateur, L’Humanité, and The Financial Times.
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CIA Sponsored Terror, Civil Liberties, Extraordinary Rendition, Habeas Corpus, Human Rights, Iraq Veterans, Iraq War, Military Tribunal, Supreme Court, Surveillance, Targeting Muslims, Truth to Power
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Federal Appeals Court Overturns Two Terrorist Convictions
The 2nd U.S. Circuit Court of Appeals ruled that Sheik Mohammed Ali Al Moayad and Mohammed Mohsen Zayed, convicted of supporting terrorists, can have new trials. The men were convicted in federal court in Brooklyn after a six week trial in early 2005 on charges of conspiring to support Al Qaida and Hamas.
National Lawyers Guild Lawyer, Robert Boyle: This case involved an FBI sting operation where the FBI and the Dept of Justice lured Sheik Mohammed Ali Al Moayad and Mohammed Mohsen Zayed from their native Yemen to Germany.
- They were lured on the promise (…and this was an FBI informant that told them this) that they would provide hundreds of thousands of dollars to Al Moayad’s charitable organizations. The issue was entrapment – set up by the FBI.
- The Sheik went to Germany arrested there in 2003 after meetings with the informant -all recorded. He was brought to trial in Brooklyn but imprisoned in a Florence, Colorado supermax prison.
- The trial judge allowed the government to introduce a host of prejudicial and irrelevant evidence.
- Robert Boyle – “Its rare that they find the cumulative prejudicial evidence as grounds for reversal. This decision is gratifying and unique, its rare to get a reversal in a case where there is alleged terrorism.”
- Extremely similar to Lynne Stewart’s case, if you don’t have direct evidence, prejudice the jury. Raise the spectre of Osama Bin Laden and you hope that the jury overlooks the weaknesses of the government’s case and convicts.
Guest – Lynne Stewart, has also helped set up the Muslim Innocence Project for Muslims caught in similar entrapment.
Guest – Robert Boyle, a national lawyers guild attorney who represented Sheik Mohammed Ali Al Moayad and former civil rights lawyer Lynne Stewart who tells us why this brings other issues to light in her case.
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Luis Posada Carriles: A Tribunal
We hear a speech from Wayne Smith, Senior Fellow, Center for International Policy, he was among three speakers. We e will hear Brian Becker, Director of the A.N.S.W.E.R. Coalition in the weeks to come.
Wayne Smith addressed the failure of the United States, specifically the Bush family to prosecute Luis Posada Carriles on charges of terrorism. The failure to charge Posada with terrorism is an open violation of the Resolution 1373 of the UN Security Council. A resolution George Bush pushed through on the days following the attacks on 9/11.
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Collateral Damage : Chris Hedges
Author, journalist Chris Hedges exposes the dark violence deep within the ranks of the Iraq War. The type of violence and eyewitness accounts you don’t hear about in the media. His book pulls together the 50 stories from by combat veterans as they describe the day to day carnage.
Chris Hedges:
- We wanted to give people a window into the sheer terror that has been visited on Iraqi civilians.
- Convoys have to keep moving: Running over children. If an IED goes off, soldiers lay down withering suppressive fire.
- The Sunnis are building a powerful force and will soon unleash a civil war
- Barack Obama speaks in the same toxic language of war bequeathed to us by the Bush Administration. He wants to expand the war in Afghanistan, he talks about leaving behind troops in the green zone and the super bases and fighting terrorism.
- We have no rights as citizens of this country to debate the terms of this occupation, in post Nuremberg terms this war is a criminal war of aggression.
- Resistance. We find our spiritual worth in our ability to resist and to take moral stance n0 matter how lonely.
Guest – Chris Hedges, author of many books specializing in American and Middle Eastern politics and society. He spent nearly two decades as a foreign correspondent in Central America, the Middle East, Africa and the Balkans and right now, he’s a senior fellow at The Nation Institue in New York City and a lecturer in the Council of the Humanities.
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