Law and Disorder October 31, 2016

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Green Party Vice Presidential Candidate Ajamu Baraka

Here on Law and Disorder we continue our interviews with candidates other than the two major parties. This week we talk with Green Party Vice Presidential Candidate Ajamu Baraka.

Guest – Ajamu Baraka is a longtime activist, veteran of Black Liberation Movement, Human Rights defender, Former founding director of US Human Rights Network, currently Public Intervenon for Human Rights with Green Shadow Cabinet, member of Coordinating Committee of Black Left Unity Network and Associate Fellow at IPS.  He’s on a long time board member of the Center for Constitutional  Rights and a human rights defender whose experience spans three decades of domestic and international education and activism, Ajamu Baraka is a veteran grassroots organizer whose roots are in the Black Liberation Movement and anti-apartheid and Central American solidarity struggles. Black Agenda Report

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The Connecticut Four

More than ten years ago four librarians in Connecticut fought back after FBI agents handed them National Security Letters seeking library records under the PATRIOT Act, and warned them it was a criminal offense to discuss it with anyone. The letter demanded that the librarians identify patrons who had used library computers online at a specific time a year earlier. Four librarians challenged the legality of the request in a lawsuit, represented by the ACLU. A year later the government withdrew the demand for information and the gag order. The media dubbed them “the Connecticut Four.”

Recently they have reunited to draw attention to attempts by the U.S. Senate to expand the amount and kinds of information that the government may compel libraries and others to divulge. It could force librarians to give the FBI transaction records, such as email metadata, links clicked on to access other websites and the length and time of Internet search sessions.

Guest – George Christian, executive director of the Library Connection and one of the four Connecticut librarians gagged by the FBI. The four librarians, members of the Library Connection, sought help from the ACLU after the FBI demanded patron records through a National Security Letter.

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The Bronx 120

Just before 5 in the morning on April 27, 700 law enforcement officers conducted the largest gang raid in NY history in the Williamsbridge section of the North Bronx. Prosecutors used the 1970 RICO Act, and 78 young men averaging 24 years in age were arrested and indicted 120 on conspiracy charges. All are being detained collectively for 8 murders and firearms and drug charges dating back two decades. In one apartment, more than a dozen police threw flash-bang grenades and broke down the front door with assault weapons aimed at Paula Clarke and her two daughters, then forced them to crawl down their hall on all fours toward the officers.

At a press conference, police characterized the young men as “the epitome of organized crime today.” Cooperating federal agencies included the DEA, the ATF, the US attorney general, and ICE’s Homeland Security Investigations. Community members question this portrayal, saying the young men were not highly organized gangsters terrorizing a community; they lacked money and weapons and were living at home with their parents.

Critics claim that applying RICO to to street gangs has racist implications. Under RICO, individuals can be found guilty by association. Despite gang-related crime accounting for less than 2 percent of city crime, two weeks after the raid, James O’Neill, now NYPD Commissioner, promised 20 more raids before July 4.

The department quadrupled its gang division by launching Operation Crew Cut in 2012. A 2014 initiative has spent over $64.6 million on surveillance cameras and singled out 15 projects as high-crime zones; at least ten of those projects have experienced police raids.

Guest – Cindy Gorn is a former teacher of Urban Studies at Hunter College and a member of the Incarcerated Workers Organizing Committee.

Law and Disorder October 24, 2016

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Dakota Access Pipeline: Dispatch #5

The battle over the construction of the Dakota Access Pipeline continues. Two weeks ago the Federal Court of Appeals in Washington DC dissolved the injunction against the company which is building the pipeline. They plan to complete construction of a 1172 mile subterranean pipeline which will go from the Bakken oil fields in North Dakota through South Dakota, Iowa, and into Illinois. It is 30 inches wide and will carry 470,000 barrels of crude oil a day underneath the Missouri River and through the sacred land of Standing Rock Sioux Indian burial grounds.  Twenty-two percent of the pipeline is already completed, although the Army Corps of Engineers has placed a stay on that part of the pipeline passing through the land it controls which borders both sides of the Missouri River.  If the pipe breaks, which is common, the drinking water of some 15 million people will be imperiled. Knowing this, the government and the pipeline company changed its plans to have the pipeline pass close to the large city of Bismarck, North Dakota and instead rerouted it through Indian lands, in violation of several treaties with the Sioux Indians and international law regarding the rights of indigenous people.

Representatives of someone 180 indigenous tribes from United States of America, Canada, and Latin America and hundreds of other people, calling themselves water protectors, are camped out in North Dakota as the winter sets in to protest the pipeline construction. Last week the charge of participating in a riot was dropped by Judge John Grinsteiner against journalist Amy Goodman of the television and radio show Democracy Now! which is broadcast on nearly 1200 stations. Earlier, the charge of trespass was withdrawn against her. She had been interviewing people and her crew was filming an attack by private pipeline security with dogs biting the Native American protesters.

Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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Gloria La Riva: United States Presidential Candidate

Here on Law and Disorder we continue our interviews with candidates other than the two major parties. This week we talk with Party for Socialism and Labor Presidential Candidate Gloria La Riva.

Guest – Gloria La Riva is a labor, community and anti­-war activist based in San Francisco, California. Born in Albuquerque, N.M., Gloria attended Brandeis University where she was active in affirmative action struggles. Gloria has been a key organizer of many mass demonstrations and other actions opposing the wars and occupation in Central America, Iraq, Palestine, Afghanistan, Yugoslavia and elsewhere. Gloria has worked for decades to defend Cuba’s sovereignty and against the U.S. blockade. She was awarded Cuba’s Friendship Medal in 2010, approved by the Council of State, for her many years of Cuba solidarity, and is the national coordinator of the National Committee to Free the Cuban Five.

Law and Disorder September 26, 2016

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Zachary Sklar: Snowden

National Security Director James Clapper was questioned by Congress. The media was there. He looked at the camera, right in our eyes. The question was: Does the NSA spy on Americans?  He Answered “not wittingly”. This was a lie. The NSA was spying on every computer keystroke and telephone conversation made by every American. Edward Snowden blew the whistle on this totalitarian practice that turned democracy upside down. Instead of the government serving the people the government was spying on the people it should serve.  He has been indicted under the 1917 Espionage Act and is presently living in Russia, stripped of his passport, unable to come home where he faces decades in prison or worse. Oscar-winning film director Oliver Stone’s just released movie tells Edward Snowden’s story.

Guest – Zachary Sklar is a screenwriter, journalist, author, and editor. He is best known as co-writer (with Oliver Stone) of the Academy Award-nominated screenplay for the film JFK. Sklar has edited numerous non-fiction books about U.S. intelligence, including the number-one-bestselling On the Trail of the Assassins by Jim Garrison, from which the film JFK was adapted; Profits of War: Inside the Secret U.S.-Israeli Arms Network by former Israeli intelligence operative Ari Ben-Menashe; and Deadly Deceits: My 25 Years in the CIA by former CIA case officer Ralph McGehee.

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Dakota Pipeline Protests: Legal Update

With winter settling in in North Dakota the construction of the Dakota Access pipeline has been temporarily halted pending governmental reconsiderederation. Representatives of over 100 Native American tribes and several thousand supporters Are camped near the Missouri River, which the pipeline, if it breaks after it is constructed under the river, would pollute ruining the drinking water up to 20 million people who depend on it. The DAPL Company and its parent Texas company have secured some 3 1/2 billion dollars in financing from Goldman Sachs, UPS, the Chase Manhattan Bank, and other banks. The financing may not be forthcoming if the project is stalled too long. In the meantime camp protesters, who call themselves “water protectors ”  are preparing to stay through the upcoming predictably severe North Dakota winter.

Guest – National Lawyers Guild Attorney Jeff Haas, has just returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

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Encrypted Client Communications

As the general public becomes increasingly aware of the value of using open source encrypted communications, several groups of professionals may be among the first to regularly use it in their work. Members of the press already provide open source whistleblower submission systems, such as Secure Drop, to protect the anonymity of anonymous sources. But how do attorneys protect their privileged client communications? Jonathan Stribling-Uss founded Constitutional Communications to teach attorneys, activists and others to use open source encryption for all their communications. The group is aptly named given that “Our current system of Internet communication is not constitutional, especially with respect to attorney/client communications,” according to Stribling-Uss who is also a member of the National Lawyers Guild. The group has already provided intensive training sessions on digital security domestically and internationally for nearly 300 civil society leaders from dozens of countries.

Guest – Attorney Jonathan Stribling-Uss, director of Constitutional Communications, a nonprofit organization that specializes in information security for professionals and civil society organizations. He has led trainings and accredited CLEs (Continuing Legal Education) for hundreds of attorneys and law students on cybersecurity, professional ethics, international law, and attorney-client communications with the NYCLA (New York County) Bar Association, Law For Black Lives, and the Continuing Legal Resource Network at CUNY (City University Of New York). He has also trained journalists, foundations, activists, and technologists from more then 40 countries at the Center for Constitutional Rights, Thoughtworks global corporation, the International Development Exchange, the Legal Clinics of the CUNY School of Law, and The Florestan Fernandes National School in Brazil.

Law and Disorder September 19, 2016

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Attorney Jeff Haas: Bakken Pipeline Construction Temporarily Halted

Last week the US government announced that the construction of the Dakota Access Pipeline under the Missouri River in North Dakota near Sioux Indian lands had been voluntarily suspended. In a joint statement the Department of the Interior, which interacts with Native Americans, the Department of Justice,and the Army Corps of Engineers, which had granted the permit for construction, announced that a reconsideration of the process whereby the US government receives input from  Native Americans was under examination.  So, the fight about water and human rights continues.

Guest – National Lawyers Guild Attorney Jeff Haas, has just returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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U. S. Commission on Civil Rights: Peaceful Coexistence

Recently the U. S. Commission on Civil Rights issued a report called “Peaceful Coexistence:  Reconciling Non-discrimination Principles With Civil Rights  “.
The report discusses how religion is used to deny others’ equality.  The commission’s chairman Martin Castro wrote that the phrases “religious liberty”  and “religious freedom ” are code words hypocritically employed to support discrimination, intolerance, racism, sexism, homophobia, and Christian supremacy.

Guest – Columbia Law Professor Attorney Katherine Franke about the commission’s findings and recommendations and the objections to the reports conclusions. Katherine Franke is the chair of the board of the Center for Constitutional  Rights.  She is the Sulzbacher Professor of Law at Columbia Law School, and also the Faculty Director of the Public Rights/Private Conscience Project, a think tank that brings legal academic expertise to bear on the multiple contexts in which religious liberty rights are in tension with other fundamental rights to equality and liberty. Her book is titled “Wedlocked:  The Perils of Marriage Equality”.

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Ray McGovern: Surveillance, Terrorism, CIA, Manufactured War

Fifteen years have passed since the criminal attack on September 11, 2001.  Today we’ll take a look at some critical changes this country has undergone since. Believing he was doing God’s will, President George W. Bush ordered airstrikes against Afghanistan and then, with intelligence cooked up to fit the plan, brought shock and awe to the people of Iraq,  killing and and displacing more than 1 million people.  The authorization to use military force that he procured from a frightened Congress is still used as a rationale for overseas war. Obama is the only president in American history that has fought  wars for the entire eight years of his presidency. Currently the United States is at war in seven different countries.  At home, draconian legislation such as Patriot Act was quickly passed even though it wasn’t read by most members of Congress. The surveillance budget of the CIA and the NSA tripled. Every keystroke we make on our computers and every phone call we make, are spied on by our own government. We live in a culture of manufactured fear of terrorism, even though more people were killed by toddlers with pistols then terrorists.

Guest – Ray MacGovern, former senior CIA analyst, who was for 27 years an analyst with the CIA giving the first President George Bush his daily intelligence briefing.  He is the cofounder of Veteran Intelligent Professionals for Sanity.  Ray McGovern works for Tell the World, the publishing an arm of the Ecumenical Church of the Savior in the Inner City of Washington DC.

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Law and Disorder August 22, 2016

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The Movement For Black Lives

In response to the ongoing violence by police against Black communities across the United States, more than 50 organizations have come together to express a common vision and agenda for change. The Movement for Black Lives has issued a call to end the war against Black people that includes ending the criminalization, imprisonment and killing, not only of Black individuals, but all oppressed people. Broad areas for reform include economic justice, ending the war on Black people, reparations, invest-divest, community control and political power.

Guest – Donna Murch, Professor of History at Rutgers University and author of Living In The City: Migration, Eduation and the Rise of the Black Panther Party. She also contributed an article to the forthcoming verso press book “False Choice: The Faux Feminism of Hillary Clinton.

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U.S. – Saudi Arabia Arms Deal

Last month Congress narrowly approved the sale of cluster bombs to Saudi Arabia. They are being used in the Saudi war against Yemen and are dropped on civilians. The bombs are manufactured by the General Dynamics Corporation, part of the American military Industrial complex. Now a second arms sale, this one involving tanks and armored personnel carriers, is up for Congressional approval.  A number of peace groups including human rights watch have come out against it. Last week a New York Times editorial stated that “Congress should put the arms sales on hold and President Obama should quietly inform Riyadh that the United States will withdraw crucial assistance if the Saudis do not stop targeting civilians and agree to negotiate peace. ” The Saudi Arabian Monarchy  has been a long time ally of the United States and provides a significant amount of oil to United States as well as being a major purchaser of American corporate made weapons.  They are used in Yemen and illegal under American law.

Guest – Phyllis Bennis directs the New Internationalism Project at IPS, working as a writer, activist and analyst on Middle East and UN issues. She is also a fellow of the Transnational Institute in Amsterdam. In 2001 she helped found and remains active with the U.S. Campaign to End the Israeli Occupation. She works with many anti-war organizations, and writes and speaks widely across the U.S. and around the world as part of the global peace movement. She has served as an informal adviser to several top UN officials on Middle East and UN democratization issues.

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Bush

George W. Bush is now 70 years old and retired on his ranch outside of Crawford Texas.  Many Americans remember him as a clueless figure on the morning of September 11, 2001 reading My Pet Goat to a classroom of children. They think of Bush as a hands-off leader who turned over the reins of power to his Vice President Dick Cheney, Secretary of Defense Donald Rumsfeld, and the head of the CIA George Tenet.  But the major decisions after the attacks on September 11, 2001, including the bombing of Afghanistan, the opening of the Guantánamo offshore prison camp, torture, and the introduction of the Patriot Act, and the war on Iraq were made by George W. Bush, who denominated himself as “the decider.” He had “and unnerving level of certitude” –  as Jean Edward Smith, author of the recent expansive biography called “Bush” has written.  Smith writes that Bush “firmly believed that he was the instrument of God’s will.”

Guest – Professor Jean Edward Smith, is ean Edward Smith is the author of twelve books, including highly acclaimed biographies of Chief Justice John Marshall, General Lucius D. Clay, and Ulysses S. Grant (a 2002 Pulitzer Prize finalist). A graduate of Princeton and Columbia Universities, Smith taught at the University of Toronto for thirty-five years before joining the faculty at Marshall University where he was the John Marshall Professor of Political Science.

Law and Disorder August 15, 2016

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Denied Parole 10 Times, John Mackenzie Found Dead In Cell After 41 Years In Prison

On Thursday morning August 4th 70-year-old John Mackenzie was found dead in his prison cell at the Fishkill Correctional Facility in New York State. Nine days earlier in a two to one decision the parole board denied parole for McKenzie for the 10th time in the past 16 years since he became eligible. More information at RAPP Campaign.

In 1975, when he was 29 years old, Mackenzie was sentenced to 25 years to life for the shooting of a police officer during a burglary. He spent 41 years in prison. Each time Mackenzie appeared before the parole board it held that his crime showed “a serious disrespect for the law. ” It further stated that granting him parole would “undermine respect for the law.” In 2011 pursuant to a New York state executive law the parole board was required to consider not just the nature of the crime, but also factors such as participation in rehabilitation programs, release plans and the risk of recidivism.

His attorney Kathy Manley sued and got a favorable decision from state Supreme Court judge Maria Rosa vacating the 2014 denial of parole and ordering a new parole hearing. The new hearing ruled, again, that he should be denied based on the nature of the crime.

On May 16, 2016 Judge Rosa again ordered a new hearing. This time she said that the parole board members who had ruled against Mackenzie the two other times should not be allowed to sit on the parole board. Judge Rosa also said that a new hearing had to be held immediately and that the parole board would be fined $500 a day until it had a new hearing. “I was optimistic but he couldn’t stand it anymore” said attorney Manley when she learned of his death. Manley practices criminal defense law in Albany New York.

Guest – Attorney Kathy Manley graduated from the State University at Albany in 1988, and spent several years teaching at the Albany Free School. In 1996 she entered Albany Law School, and completed one year there. Kathy then took the unusual step of pursuing a Clerkship with Kindlon Shanks & Associates rather than staying in law school. She completed the three year Clerkship in 2000, successfully passed the bar exam and was admitted as an attorney in 2001.

Kathy’s main interests are criminal defense and constitutional rights. She concentrates on appeals and motions, and has written many winning briefs before the NYS Appellate Division, Third Department and other courts. She has also written many suppression motions successfully challenging illegal searches and seizures. Kathy was involved with a local same sex marriage case, the Aref case (which, among other issues, challenged the NSA warrantless wiretapping program), and is currently involved with cases challenging sex offender residence restrictions and other sex offender issues.

Long an advocate for peace and social justice, Kathy is involved in a number of groups, including the Muslim Solidarity Committee, Project SALAM and the National Coalition to Protect Civil Freedoms (NCPCF). She is also Vice President of the Capital Region chapter of the New York Civil Liberties Union.

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Lawsuit Strategy Over Flint Water Crisis Alleges Federal Racketeering

Michigan Governor Rick Snyder, high-ranking former members of his staff and others are the target of a federal racketeering lawsuit over the city of Flint’s water crisis. The lawsuit, which also targets the city, alleges that the officials tried to balance the City’s budget through a pattern of racketeering activity. It claims they committed mail fraud by continuing to mail water bills to Flint residents, which they allege fraudulently misrepresents that the city is providing safe, clean water to its residents.

A group of 15 citizens filed the lawsuit seeking financial compensation for property damage, loss of business and financial losses and damages for future medical care attributed to the water crisis.

It alleges that officials misrepresented the suitability of the Flint River water as the city’s drinking water source for approximately two years and billed Flint residents at rates that were the highest in the nation for unusable water, yielding $3.3 million surplus and resulting in the city’s budget deficit being reversed.

The lawsuit alleges the defendants committed wire fraud by allowing residents to pay their water bills online or with credit cards despite knowing the water was toxic. RICO lawsuits require attorneys to prove that wrongdoing was part of an ongoing enterprise. If successful, it allows treble damages.

Guest – Attorney Bill Goodman. Bill is the former Legal Director at the Constitutional Rights and a past president of the National Lawyers Guild. He’s also the attorney for a number of victims of water poisoning in Flint, Michigan.

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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

Retired Florida U. S. Senator Bob Graham was the head of the US Senate intelligence committee and also  the chairman of the 9/11 commission of inquiry. He is the leading person trying to get President Obama to release to the public the suppressed 28 pages of the 911 report which have been hidden. Senator Graham contends that the 19 hijackers, 15 of whom who were Saudi Arabians,  could not have pulled off the operation alone and that in fact they were part of a support network involving the Saudi Arabian monarchy and government which helped plan, pay for and execute the complicated 911 plot which, says Senator Graham, would have otherwise been impossible to accomplish. Senator Graham has written the book Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror. It provides a candid insight to the workings of the US in Saudi relations and their implications on US foreign-policy making as it pertains to the middle east and bags tension, contemporary geopolitics.

Guest – Senator Bob Graham, is the former two–term governor of Florida and served for 18 years  in the United States Senate. This is combined with 12 years in the Florida  legislature for a total of 38 years of public service. As Governor and Senator,  Bob Graham was a centrist, committed to bringing his colleagues together behind  programs that served the broadest public interest. He was recognized by the  people of Florida when he received an 83% approval ranking as he concluded  eight years as Governor. Bob Graham retired from public service in January  2005, following his Presidential campaign in 2004.

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