Civil Liberties, Criminalizing Dissent, Guantanamo, Habeas Corpus, Human Rights, Iraq Veterans, Iraq War, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
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Abu Ghraib Torture Lawsuits Target Military Contractors in US Courts.
Four former Abu Ghraib detainees are suing two U.S. military contractor corporations and three individual contractors. The four were wrongly imprisoned, tortured and later released without charge. According to the complaints, the defendants abused detainees physically and mentally and then destroyed documents, videos and photographs; prevented the reporting of the torture and abuse to the International Committee of the Red Cross. They actually hid detainees and other prisoners from the Red Cross; and misled non-conspiring military and government officials about the state of affairs at the Iraq prisons.
The defendants are CACI International Inc. and CACI Premier Technology, Inc., of Arlington, Va.; L-3 Services Inc., an Alexandria, Va.-based division of L-3 Communications Corp. and three individual contractors, Adel Nakhla, of Maryland, Timothy Dugan, of Ohio, and Daniel Johnson, of Seattle.
Guest – Attorney Susan Burke with Burke O’Neil LLC.
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ACLU To Prevent Deportation Of Egyptian To Torture
The American Civil Liberties Union and ACLU of Pennsylvania challenged the government’s efforts to deport an Egyptian torture victim of Sameh Khouzam. The government claims to be relying on unreviewable “diplomatic assurances” from Egypt that it will not torture him upon his return. Last January, in the first decision of its kind, a federal district court sided with the ACLU and ordered the government to stop the deportation of Sameh Khouzam based on such secret and unreliable promises and release him under conditions of supervision.
However, the Bush administration appealed this ruling, claiming that the executive branch has unfettered authority to deport Khouzam and to detain him indefinitely pending his legal proceedings. Khouzam, a Christian who came to the United States in 1998 fleeing religious persecution in Egypt and a charge of murder, was granted protection from deportation under the Convention Against Torture (CAT) in 2004. This after a federal appeals court found that he would likely be tortured if sent back to Egypt.
Guest – Lee Gelernt, senior staff attorney with ACLU who is working on Sameh’s case.
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Last week, Courage to Resist, Veterans for Peace, and Project Safe Haven took to the streets of major US cities in a national day of action. Recently, the Canadian Federal Court sided for the first time with a US war resister, disagreeing with the Immigration and Refugee Board decision and ordering a re-hearing for military deserter Joshua Key, his wife Brandi, and their four children.
Josh Key moved to Canada during a 2 week leave from the Army. On July 4th, 2008, Joshua Key won a Federal Court appeal thus forcing the Refugee board to re-examine his asylum claim of conscientious objector and Iraq war veteran. The court ruled that Key had been forced to systematically violate the Geneva Conventions as part of his military service in Iraq and that such misconduct amounts to a legitimate refugee claim.
In another case, former National Guard soldier Corey Glass of Fairmount Indiana is facing deportation from Canada. He was recently told that his application to stay in Canada for “humanitarian and compassionate†reasons has been rejected. This, as Pentagon officials suggest he has been discharged and the U.S. Army is not seeking to persecute Glass. But Glass’ lawyer, Alyssa Manning of Parkdale Legal Community Services, says the reports are untrue. Manning says quote “He would be a felon, he’d be criminally inadmissible to Canada; he’d potentially be imprisoned as well as subjected to non-traditional punishment such as ‘hazing’ (within the military)
Canada: Abide by resolution – Let U.S. war resisters stay!
Guest – Matthis Chiroux with Iraq Veterans Against the War.
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Civil Liberties, Criminalizing Dissent, Green Scare, Guantanamo, Human Rights, RFID, Surveillance, Targeting Muslims, Torture, Truth to Power
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Green Scare: The Case of Briana Waters Update
Briana Waters, 32 was sentenced to six years in federal prison and ordered to pay $6 million in restitution by U.S. District Court Judge Franklin Burgess, who also declined her lawyer’s request that Waters be released on her own recognizance pending appeal. Here on Law and Disorder we’ve discussed how (since December 2005) environmental activists in the United States have been targeted and handed unusually harsh prison sentences. It’s been called Green Scare.
Briana was accused of acting as a lookout in the conspiracy to set fire to the University of Washington’s Center for Urban Horticulture in 2001. This, despite evidence presented by the defense that she was 60 miles away at the time of the arson. Others claimed responsibility for the fire. How the Government Targets Eco-Activists. Listen to NLG event.
Federal “conspiracy law†is often used by prosecutors to take down drug dealers, the same legal approach is used to charge environmental protesters. Once the judge accepts the charge of conspiracy, here-say is admissible making conspiracy and very easy to prove in court.
Last year the NLG established a hotline 1-888-NLG-ECOL for activists who had been targeted by the FBI for environmental activism.
Guest: Ben Rosenfeld, California Civil Rights attorney
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Taking Back The Right To Dissent: The Case of the Bangor Six
Recently, jurors in the Case of the ‘Bangor Six’ brought back a decisive verdict of ‘not guilty.’ The six veterans for peace, anti war protesters were arrested in March of last year after refusing to leave the federal building where their senator, Republican Susan Collins has her office. The six activists were among 12 that say they were protesting Bush’s proposal to increase troops in Iraq to support a military strategy known s the surge and also urged Collins to vote against continued funding for the war. Collins did not vote against funding for the war and did not meet with activists. Six of the activists were later arrested. (Collins Watch)
During this trial, the jury was allowed by the judge to decide whether the defendants believed that they were not guilty in making a conscious choice to break Maine law because they thought international law was being violated. The jurors decided unanimously that the protesters did believe they had the ‘license and privilege’ to act as they did, in rendering the ‘not guilty’ verdict.
Guest – Bar Harbor attorney Lynne Williams, also with Maine Lawyers for Democracy a group of 65 Maine lawyers, calling for the impeachment of President Bush and Vice President Cheney.
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Amnesty International USA: Guantanamo Cell Replica
This past week, Amnesty International USA hauled a life size Guantanamo cell replica to the National mall in Washington DC. Activists and tourists gathered to experience the bleakness of being held in such confinement without hope. The cell replica visited the nation’s capital as a U.S. House Judiciary Subcommittee heard testimony on harsh interrogation techniques from Vice President Dick Cheney’s chief of staff David Addington and former U.S. Justice Department lawyer John Yoo.
We listen to voices of tourists, activists and James Yee, former US Army chaplain, who ministered to Muslim detainees held at Guantánamo Bay Naval base. Yee as listeners may know, was the subject to an intense investigation by the United States. A special thank you to Karen Miller for gathering the audio for this segment.
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Censorship, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Iraq Veterans, Iraq War, Targeting Muslims, Torture, Truth to Power
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Brecht Forum – Citizen Soldier and Anti War GI’s
We hear excerpts from speeches at the Brecht Forum by our own Michael Smith and Citizen Soldier’s Tod Ensign. The anti-war soldier panel started with Michael Smith describing his work defending anti-war GI’s at Ft. Jackson, South Carolina and the formation of the GI Civil Liberties Defense Committee.
Anti-war GI’s were pivotal to the movement’s success. The growing protests from within the U.S. military today echo the Vietnam War soldiers experience. The panel discusses the role of anti-war GI organizing in the anti-war movements from 1917 to 1968 and to the present.
Tod Ensign is also the co-coordinator of the Different Drummer Café at Fort Drum. A meeting place for soldiers who get immediately deployed to battle after training at Fort Drum. The cafe promotes the free and uncensored exchange of ideas and information among active duty and reserve military personnel and civilians. This includes, issues of war and peace, foreign policy, the military mission of our soldiers both at home and abroad, and the proper balance between the rights of citizen soldiers and military authority in a democratic society.
World Day in Support of Victims of Torture: Left Forum 2008 – Torture and the Decline of the American Empire. Professor Alfred McCoy Part I
There are several significant events surrounding the US policy on torture taking place this week. Already last week, the US Senate Committee on Armed Services held hearings on the origins of aggressive interrogation techniques. Among the events this week is the fifth session of the United Nations Committee against Torture, Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Geneva.
Amnesty International releases a report on torture and unfair trials in Tunisia’s war on terror, Amnesty International’s Guantanamo prison cell replica opens to the public in Washington, DC, through Sunday, June 29 and there is also the World Day in Support of Victims of Torture.
Professor Al McCoy, author of A Question of Torture, delivers a powerful speech on the history of torture in the United States. This is from this year’s Left Forum on a panel titled, Torture and the Decline of the American Empire. Moderated by our own Michael Steven Smith.
Censorship, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Military Tribunal, Surveillance, Targeting Muslims, Torture, Truth to Power
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The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction
It was April 13, 1873 in Louisiana when a small army of white ex-Confederate soldiers enraged by freedmen asserting their new rights killed more than 60 African Americans who had occupied a courthouse. Today we talk with author and journalist Charles Lane. His recent book is titled The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction. In the book, Lane uncovers a nearly forgotten historic post civil war massacre of African American men in Colfax, Louisiana and a white lawyer’s epic battle to bring the perpetrators to justice. Reviews call Lane’s book an electrifying piece of historical detective work that captures a gallery of characters from presidents to townspeople and re-creates the bloody days of Reconstruction. Lane discovered the Colfax Massacre case while covering the Supreme Court for The Washington Post.
Guest – Charles Lane, member of the editorial page staff, is the author of “The Day Freedom Died: The Colfax Massacre, the Supreme Court and the Betrayal of Reconstruction.”
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Ann Ginger : Meiklejohn Civil Liberties
Today we’re delighted to have Ann Ginger on the program, she’s a lawyer, teacher, writer, and political activist. She is the founder and the executive director of the Meiklejohn Civil Liberties, a think tank for human rights in Berkeley California. Here on Law and Disorder we’ve examine the practices and laws that have crippled civil and human rights in this country and now we take a look at ways law students and legal workers can bring them back.
Ann Ginger at Meiklejohn Civil Liberties has published Four Little Orange Books. The first is titled: Landmark Cases left Out of your Textbooks, the second is The Living Constitution, the third, Undoing The Bush/Cheney Legacy – Restoring Lost Liberties: A Tool Kit For Congress and fourth, Making the Universal Declaration the Supreme Law of the Land. Ann writes – the roles of successful lawyers and legal workers in the future will not be the same as the roles of successful lawyers before the Bush-Cheney “war on terrorism. “
Guest – Ann Ginger. Ann is Executive Director of Meiklejohn Civil Liberties Institute, a center for peace law and human rights, with archives of historic cases. Founded in 1965, the Institute answers queries of clients and lawyers and trains interns to prepare reports on U.S. compliance with human rights treaties for submission to U.N. committees.
Ann learned early to use the law and history to work for peace and human rights, coming from an Irish Catholic, English Quaker, Russian Jewish, Midwestern newspaper family. As a lawyer, she won a civil liberties case in the U.S. Supreme Court. After her testimony as an expert witness on international law that applies in the U.S., a jury acquitted nuclear weapons protesters in Utah. She is now teaching Peace Law and Human Rights at San Francisco State University and long served on the Peace and Justice Commission that administers the Nuclear Free Zone Ordinance in Berkeley.
Civil Liberties, Human Rights, Iraq War, Targeting Muslims, Torture, Truth to Power
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War Inc.
A radical new satire on U.S war profiteering in Iraq debuted last month. The movie is called War Inc., written by John Cusack and Jeremy Pikser. War Inc. is described as bringing to the screen what Naomi Klein has done in print. In Jeremy Scahill’s review, he writes quote “With 630 corporations like Blackwater and Halliburton on the US government payroll in Iraq getting 40 percent of the more than $2 billion Washington spends every week on the occupation, Cusack’s “futuristic†film is not far from the way things really are. The film stars John Cusack as Brand Hauser, a hit man for hire who is deployed to Turaqistan to a kill a Middle Eastern oil baron.
Guest – Jeremy Pikser, co-writer of the film War Inc., he’s also the co-writer of Bulworth and just finished a screenplay about the CIA coup that overthrew the government of Guatemala in 1954.
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National Lawyers Guild Urges Israel To Permit Richard Falk To Enter Israel
Professor Richard Falk is the recently appointed Special Rapporteur on Human Rights in the Palestinian Territories for the United Nations High Commissioner for Human Rights who has been barred entry to Israel. He’s Professor of International Law at Princeton, will be the Council’s special investigator of Israeli behavior in the territories and this has incited furious objections from Yitzhak Levanon, the Israeli ambassador to the U.N. in Geneva.Falk replaced South African John Dugard, a veteran anti-apartheid activist. Falk is also a member of the Editorial Boards of The Nation and The Progressive. He’s the author of many books including Crimes of War: Iraq
Guest – Richard Falk, Professor Emeritus of International Law at Princeton University and Visiting Distinguished Professor in Global and International Studies at the University of California, Santa Barbara. His books include Religion and Humane Global Governance; Human Rights Horizons; On Humane Governance: Toward a New Global Politics; Explorations at the Edge of Time; Revolutionaries and Functionaries; The Promise of World Order; Indefensible Weapons; Human Rights and State Sovereignty; A Study of Future Worlds; This Endangered Planet; coeditor of Crimes of War.
Civil Liberties, Habeas Corpus, Human Rights, Military Tribunal, Targeting Muslims, Torture
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Deepening Economic Crisis: What Laws Are In Place To Protect Against Economic Fleecing of the United States?
Law and Disorder Encore Interview: Two million families are on the brink of foreclosure, tent cities pop up along US city outskirts, and as UK press declare “depression†in the United States, we talk with Max Fraad Wolff , instructor at the Graduate Program in International Affairs, New School University. The media has reported that millions of US families took out loans to big for their incomes and were foreclosed, but hosts look at The Glass Steagall Act, mortgage sharking and banking predators.
Max is a freelance researcher, strategist, and writer in the areas of international finance and macroeconomics. His work can be seen at the Huffington Post, The AsiaTimes, Prudent Bear, and many other outlets.
Related: People Sleep In Cars In Rich U.S. City
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New York City Law Review Symposium: Preventing Torture
We hear a speech by Margaret Satterwaite on secret detention and extraordinary rendition at the New York City Law Review Symposium titled Preventing Torture. Margaret is the assistant professor of Clinical Law and Faculty Director of the Center for Human Rights and Global Justice at the New York University School of Law. Her current research focuses on human rights in the “war on terror.†She directs the “Black Sites†Litigation Project at NYU and her recent publications include Rendered Meaningless: Extraordinary Rendition and the Rule of Law. Margaret is also co-chair of the Human Rights Interest Group and the American Society of International Law.
Margaret’s speech was part of a panel titled Protected Contexts a look at how states acting through private entities to rendition and also what obligations exist to prevent violence and torture. She was among several speakers we will be presenting in the coming weeks.
More about the Symposium: Preventing Torture
This Symposium brings together leading international and U.S. experts, including former military officials, academics, practitioners, human rights advocates, politicians, journalists, and students to explore recent developments in the international law of torture.
The General Comment addresses key fault lines in the absolute prohibition against torture and ill-treatment that have been opened in the name of counter-terrorism. It also underscores the applicability of the Convention to sexualized and gender violence, where perpetrated by state officials as well as where state officials acquiesce to private violence, including domestic violence.
Speakers will address the authority, adequacy, and policy implications of the General Comment. Since the U.S. is a State party to the CAT, speakers will also address the relevance of the Comment to current laws and practices of the Bush administration and to positive reforms and initiatives needed to bring U.S. law and practice into compliance with its international commitments to eliminate torture and ill-treatment in every sphere.
