CIA Sponsored Terror, Civil Liberties, Civil Rights, Human Rights, Targeting Muslims, Truth to Power
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Judge Rejects CACI’s Attempt To Dismiss Torture Case
In April 2003, the George W. Bush administration led an illegal invasion of Iraq based on lies about weapons of mass destruction. That war resulted in the deaths of hundreds of thousands of Iraqis. After the invasion, there was a mass roundup of Iraqis – primarily men and boys – with no plan or proper basis for detention. The United States then turned to contractors (mercenaries) to assist with interrogations and provide interpretation services, many of whom lacked proper training. Indeed, the U.S. wars in Iraq and Afghanistan were the most outsourced in U.S. history. It was against this backdrop that the horrors we all saw in the photos of Abu Ghraib happened.
In Iraq, unlike Guantanamo (and the CIA “blacksites”), there was never any question that the Geneva Conventions applied – and torture was illegal. CACI, a U.S. corporation, contracted with the United States military to provide interrogation services to the U.S. Army at Iraq’s notorious Abu Ghraib prison.
In 2008, Iraqi civilians Suhal Al Shimari, Salah Al-Ejaili, and Asa’ad Al-Zubae filed a lawsuit against CACI under the Alien Tort Statute seeking damages for the torture and abuse they suffered while detained at Abu Ghraib. The three plaintiffs allege that CACI employees conspired with and aided and abetted U.S. military personnel in subjecting them to torture; cruel, inhuman or degrading treatment; and war crimes, in violation of international law. A U.S. Army General called their treatment “sadistic, blatant, and wanton.”
On July 31, U.S. District Judge Leonie Brinkema in the Eastern District of Virginia rejected CACI’s attempts to have the case dismissed.
Guest – Katherine Gallagher is a senior staff attorney at the Center for Constitutional Rights, where she specializes in the enforcement of human rights, including the prohibition against torture. She is one of the attorneys who filed the lawsuit against CACI.
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Three of Newburgh Four Released
On July 25, a judge ordered the compassionate release of three of the so-called “Newburgh Four” — Onta Williams, David Williams, and Laguerre Payen. The men, who are Black Muslims from Newburgh, New York, were convicted and sentenced to 25 years in prison on terrorism charges in 2011.
In the July release order, US District Court Judge Colleen McMahon suggested that the FBI had “invented” a conspiracy. She said that FBI agents had used an “unscrupulous operative” to persuade the four to join in a plan to bomb a synagogue in the Bronx and fire Stinger missiles at military planes at Stewart Airport near Newburgh, New York. While bombs were, in fact, left outside a synagogue in the Riverdale section of the Bronx, they were fakes built by the FBI.
Guest – Kathy Manley, New York appellate attorney joins us to talk about this late-in-coming victory. Among her many victories was the 2015 case of People v. Diack, which struck down county and local sex offender residence restrictions throughout New York State. Kathy works with several civil rights groups, including the Coalition Of Civil Freedoms.
Hosted by Attorneys Heidi Boghosian and Marjorie Cohn
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CIA Sponsored Terror, Civil Liberties, Civil Rights, Criminalizing Dissent, Surveillance, Targeting Muslims, Truth to Power, Violations of U.S. and International Law, War Resister, Whistleblowers
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Lawyers You’ll Like – Attorney Mel Wulf
Mel Wulf died at age 95 on July 1, 2023. He was one of the great constitutional litigators of his time. He served as Legal Director of the American Civil Liberties Union for 15 years. Today we bring you a re-broadcast of an interview that attorney Michael Ratner, and I, Michael Smith, did with Mel 10 years ago for a segment we called Lawyers You’ll Like. It is a scintillating fast paced discussion with a relevance to our situation now
We’re joined today by Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years. As part of our Lawyers You’ll Like series, we talk with Wulf about his work with the ACLU during the early 60s, and also about the forming of the Lawyers Constitutional Defense Committee.
Attorney Mel Wulf:
- Phil Agee was a dissident CIA agent who spent decades working against the CIA, published a couple of books.
- He lost his passport because when the dissidents took over the embassy in Tehran in 1979, the New York Post carried a story accusing Phil of helping the students who’d invaded the embassy to put together all of that written material that had been shredded.
- It was another New York Post bald faced lie.
- The State Department, based upon that story revoked his passport.
- I had represented Phil Agee, I was his principle lawyer for 30 years.
- Agee was very widely disliked in Washington because he was well known to be a CIA dissident who disclosed the names of many CIA agents.
- If Snowden went the same route today, he would do even worse in this Supreme Court than I did. That’s why Snowden won’t get his passport, thanks to me.
- I was for the workers and not for the bosses and I’ve always been for the workers and not for the bosses, which I think is the distinguishing political factor in our world. Which side are you on?
- I got my Bachelors Degree in ’52 and I had a Navy Commission which I had gotten from the New York State Maritime Academy earlier on.
- The draft board sent me a 1A notice, I applied to Columbia and when I finished Columbia they sent me another 1A notice because the draft was still on. I spent 2 years in the Navy as a Liuetenant Junior Grade Officer in Southern California.
- I went to work at the ACLU in 1958 as the assistant legal director, in 1962 I was given the job of the legal director of the ACLU.
- I had actually been going down to Mississippi from 1961 to 1962, working with then one of the two black lawyers who were practicing in Mississippi.
- We tried a couple of capitol cases in Mississippi. I continued to argue the systematic exclusion of blacks from the jury.
- I finally got a case up to the Supreme Court on that issue.
- Lawyers Constitutional Defense Committee: We had several hundred lawyers who went down to Mississippi for periods of a week or two. They were representing people being arrested during the Mississippi summer.
- Most of the judges allowed these lawyers to make some sort of presentation.
Guest – Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years.
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Lawyers You’ll Like: Attorney Bill Schaap
Attorney Bill Schaap, who died in 2016, was a friend and colleague of Mel Wulf’s. Bill and his wife, Ellen Ray published the historic whistleblowing magazine “Covert Action Quarterly“ that exposed to CIA. Then they started Sheridan Square Press. They published a number of memoirs of former CIA agents who revealed the truth about the activities of the CIA. Ex-CIA agent Phil Agee was one of Sheridan Square Press authors. He wrote Inside The Company which exposed the names of some 200 CIA agents involved in nefarious activities in South America. Mel Wulf represented Agee for 30 years and unsuccessfully tried to get his passport back when the government had it taken away.
Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.
Attorney William Schaap:
- One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
- It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
- I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
- She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
- I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
- When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
- Once you learn that, you learn about the CIA.
- That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
- The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
- We were so successful that Congress passed a law against us.
- Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
- They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
- We thought if we identified these people, it might make their job a little bit harder, which it did.
- Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
- He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
- He was not the person discovering who the under cover people were, Lou Wolf was doing that.
- Phil wrote articles for us in every issue and we worked very closely with him.
- Once you start exposing these things, they really don’t have any defense.
- They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
- We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
- They would plant bugs in our attic in Okinawa, things like that.
- The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
- Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
- We were just tired of people thinking that if it was in the New York Times it must be true.
- The fact is that those people lie all the time.
- I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.
Guest – Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.
In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of media and intelligence.
Hosted by attorneys Michael Ratner, Michael Smith and Heidi Boghosian
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Civil Liberties, Civil Rights, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
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War Made Invisible: How America Hides the Human Toll of its Military Machine
From Afghanistan to Iraq and Syria and on to little known deployments in a range of countries worldwide, the United States has been at perpetual war for at least the past two decades. Yet many of these foreign wars remain off the radar of average Americans.
We speak today with author and political analyst Norman Solomon about his new book War Made Invisible: How America Hides the Human Toll of its Military Machine.
Solomon writes that since the attacks on 9/11, more than 20 years ago, first in the war in Afghanistan, and then Iraq, a hugely consequential shift in (United States) American foreign-policy was set in motion: a perpetual state of war that is almost entirely invisible to the public. Solomon exposes how this happened and what the consequences are, for military and civilian casualties, and the draining of resources at home.
Compliant journalist add to the smokescreen by providing narrow coverage of military engagements, and by repeating the military’s talking points. Meanwhile, the increased use of high technology, air power, and remote drones has put distance between soldiers and the civilians killed in action. Back home, Solomon shows, the cloak of invisibility masks massive Pentagon budgets and receive bi-partisan support even as housing, medical care, education, and infrastructure goes abegging.
Guest – Norman Solomon is cofounder of RootsAction.org executive director of the Institute for Public Accuracy. He’s written many books, but “ War Made Invisible“, is his first one in 15 years. Solomon founded the Institute for Public Accuracy in 1997 and is its executive director. Immersed in anti-war, social justice and environmental movements since the late 1960s, he is the author of a dozen books including “War Made Easy” and “Made Love, Got War.”
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Israel Attacks West Bank City of Jenin
On fourth of July, as we in the US heard fireworks, people in the Palestinian city of Jenin heard real gunfire and fled from real explosions. On July 3, a thousand Israeli Defense Force soldiers descended on the city, with helicopters, drones and bulldozers, to execute a two day bombardment that leveled the city, reduced its buildings to rubble, damaged hospitals, knocked out utilities, and left at least 13 people dead: 12 Palestinians and 1 Israeli soldier. At least 100 were wounded, and now thousands – about 80% of those living in the camp – are without shelter, water or electricity.
UN Secretary General Antonio Guterres immediately condemned Israel for using excessive force and harming civilians. He’s refused to retract his statement even under enormous pressure from Israel’s UN Ambassador, who called Mr. Guterres’ criticism, “shameful, far-fetched and completely detached from reality.”
A handful of Arab countries and a European Union envoy have also criticized Israel. But others… like the US? Well…. its silence speaks volumes.
Guest – Sandra Tamari is a Palestinian organizer and the Executive Director of Adalah Justice Project, a Palestinian advocacy organization that builds toward collective liberation through labor, cultural, and legislative campaigns. She holds a Master’s degree in Arab Studies from Georgetown University. In May 2012, she was jailed and denied entry into Palestine by Israel because of her work to encourage U.S. churches to divest from the occupation.
Hosted by attorneys Michael Smith and Maria Hall
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Civil Liberties, Civil Rights, Human Rights, Targeting Muslims, War Resister
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The Nakba Didn’t End in 1948, It Continues to Impact Palestinians Daily
On May 15, Palestinians marked the 75th anniversary of al-Nakba, which means “the catastrophe” in Arabic. On that date in 1948, Israelis ethnically cleansed nearly 750,000 Palestinians from their lands and destroyed more than 500 Palestinian towns and villages. In addition, on May 15, for the first time ever, the UN General Assembly officially condemned the Nakba.
May 15 was also the day that Israel and Palestinian Islamic Jihad agreed to a ceasefire brokered by Egypt to stop the violence that resulted in the deaths of 33 Palestinians and 2 Israelis. The Israeli assault on Gaza was the sixth such attack since 2007, when Israel imposed a permanent siege on Gaza, controlling the ingress and egress of Palestinians.
Israel maintains an illegal occupation of Palestinian territory. And the United States enables this occupation by providing $3.8 billion in military aid to Israel each year.
Guest – Michel Moushabeck, is a Palestinian American writer, editor, translator and musician. He is the founder and publisher of Interlink Publishing, a 36-year-old, Massachusetts-based, independent publishing house. Michel wrote the article titled, “The Nakba Didn’t End in 1948, It Continues to Impact Palestinians Daily,” which was recently published by Truthout.
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Junior ROTC In High Schools: Pressure To Join
On her first day of high school, Andreya Thomas and several other freshmen at Detroit’s Pershing High School learned they were enrolled in a class called J.R.O.T.C., or Junior Reserve Officers’ Training Corps. School administrators told them the program was mandatory.
Funded by the U.S. military, the program required students to wear military uniforms in class, recite patriotic declarations, and obey orders from an instructor who often yelled at them. When several tried to drop the class, school officials refused permission, even though the Pentagon says that requiring students to take the programs runs counter to its guidelines. The New York Times recently learned that thousands of public-school students were enrolled in J.R.O.T.C. either as a requirement or through automatic enrollment. Most of the schools with high enrollment numbers were attended largely by nonwhite students and those from low-income households.
Critics of Junior ROTC say that the program’s militaristic discipline prioritizes obedience over independence and critical thinking. And as we reported earlier on Law and Disorder, and now noted by the Times, the program’s textbooks often rewrite or downplay the failings of the U.S. government. With its concentration in schools with low-income and nonwhite students, some claim J.R.O.T.C. encourages students to enlist in the military rather than explore other routes to college or jobs in the civilian economy.
Guest – Rick Jahnkow works for two San Diego-based anti-militarist organizations, the Project on Youth and Non-Military Opportunities, or YANO, and the Committee Opposed to Militarism and the Draft. We spoke earlier with Rick about YANO’s J.R.O.T.C. textbook review project.
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
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Civil Liberties, Civil Rights, Cuba, Gaza, Guantanamo, Human Rights, Prison Industry, Racist Police Violence, Supreme Court, Targeting Muslims, Torture, Truth to Power, U.S. Militarism, Violations of U.S. and International Law, War Resister, Whistleblowers
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Cars and Jails: Freedom, Dreams, Debt and Carcerality
What is the connection between cars and jails? Every day more than 50,000 Americans are pulled over by police officers while driving. Most of them will come away from this encounter owing money to the municipality or county in which they were stopped. Some will be arrested. They will join the nearly 9,000,000 Americans to cycle through our countries’ jails each year.
Police can choose from hundreds of traffic code violations to make a pretext stop and conduct a vehicle search. This may result in a fine or or an arrest.
American consumer lore has long held the automobile to be “freedom machine” consecrating the mobility of a free people. Yet paradoxically, the car also functions at the crossroads of two great systems of unfreedom and immobility – the credit economy and the American carceral system.
Guest – Andrew Ross who along with his co-author Julie Livingston has investigated this paradox and written the book “Cars and Jails: Freedom, Dreams, Debt and Carcerality”. It was just published by OR Books. The book shows how the long arms of debt and the carceral state operate in tandem in the daily life of car use and ownership. Andrew Ross is a professor of social and cultural analysis at New York University, and a social activist and analyst. He has authored and edited numerous books and has written for the New York Times, the Guardian, The Nation, and Al Jazeera.
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Remembering Michael Ratner
Hosts Heidi Boghosian and Michael Smith remember Michael Ratner as cohost, activist, radical attorney, author and close friend. In this show, hosts reflect on Michael’s work and listen back to several monologue updates. They include his work as co-counsel for Wikileaks founder Julian Assange, the Dahiya Doctrine, SNAP- Survivors Network of those Abused by Priests, NSA survelliance in the Bahamas and Guantanamo Bay prisoner exchange.
Michael Ratner (1943-2016) was president emeritus of the Center for Constitutional Rights and author of Guantanamo: What the World Should Know. Michael worked for decades, as a crusader for human rights both at home and abroad litigating many cases against international human rights violators resulting in millions of dollars in judgments for abuse victims and expanding the possibilities of international law. He acted as a principal counsel in the successful suit to close the camp for HIV-positive Haitian refugees on Guantanamo Base, Cuba. Michael Ratner has litigated a dozen cases challenging a President’s authority to go to war, without congressional approval. In the wake of the September 11 attacks, the Center has focused its efforts on the constitutionality of indefinite detention and the restrictions on civil liberties as defined by the unfolding terms of a permanent war. Among his many honors were: Trial Lawyer of the Year from the Trial lawyers for Public Justice, The Columbia Law School Public Interest Law Foundation Award, and the North Star Community Frederick Douglass Award.
Hosted by Attorneys Michael Smith and Heidi Boghosian
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Censorship, Civil Liberties, Civil Rights, Human Rights, Targeting Muslims
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Israeli Forces Raid and Shutter Seven Palestinian Human Rights Organizations
On August 18, the Israeli military raided the offices of seven leading Palestinian human rights and civil society organizations, ransacking and shuttering them. Three days later, the Israeli Occupying Forces summoned the directors of two of the groups for interrogation.
Last October, Israeli Defense Minister Benny Gantz reported that Israel had designated six of the groups as “terrorist organizations” because they had links to the Popular Front for the Liberation of Palestine (PFLP), a leftist political party with a military wing. In November, the Israeli military commander in the occupied West Bank declared the six to be “unlawful associations.” But in the ensuing months, Israel has failed to come forward with competent evidence that links the six groups to the PFLP. A new classified report from the CIA says it could find no evidence to support the terrorist designations.
Progressive organizations in Israel and the United States condemned the raids. But the Biden administration has refused to denounce them, stating that it is awaiting further information from Israel.
Guest – Law and Disorder co-host Marjorie Cohn is interviewed about the ramifications of the terrorist designations and recent raids on the organizations. She is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of Jewish Voice for Peace and the bureau of the International Association of Democratic Lawyers.
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A New Wave Of Book Banning
Book banning is the most widespread form of censorship in the United States. It’s when government officials, private individuals, or organizations remove books from libraries, school reading lists, or bookstores because they object to the content or themes contained therein. Children’s books are the main targets.
Often, complaints are that the book contains is sexually explicit, contains graphic violence, has offensive language, or shows disrespect for parents and family. Censors claim they’re afraid the contents are dangerous for kids, or that they’ll cause young people to raise questions, and incite critical inquiry among children that parents, political groups, or religious organizations deem inappropriate or aren’t ready to address.
Before the 1970s book bans typically focused on obscenity. Lady Chatterley’s Lover by D. H. Lawrence and Ulysses by James Joyce were often banned. From the late 1970s on, attacks focused on ideologies. To Kill A Mockingbird, The Color Purple, The Catcher in the Rye, and Harry Potter are among the 50 of the top banned books in this country.
A new wave of book banning in public and school libraries is sweeping the nation in 2022. It’s been under way since debates have percolated over critical race theory and what students should learn in the classroom. Several states are cutting funding for books written by authors in specific communities.
Guest – Christopher Finan, executive director of the National Coalition Against Censorship. He previously served as president of the American Booksellers Foundation for Free Expression, the bookseller’s voice in the fight against censorship. Before that, he was executive director of Media Coalition, a trade association that defends the First Amendment rights of producers and distributors of media. Christopher is the author of From the Palmer Raids to the Patriot Act: A History of the Fight for Free Speech in America by Beacon Press, which won the 2008 Eli Oboler Award of the American Library Association. His forthcoming book is How Free Speech Saved Democracy.
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