Law and Disorder June 29, 2015

Updates:

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UN Human Rights Report Finds Israel Committed War Crimes and Unprecedented Devastation in 2014 Gaza War

Recently the United Nations issued a report on Israel’s attack on Gaza in the summer of 2014. The results were devastating again for Israel. The report also covered illegal Israeli settlements as well as house demolitions. Another section dealt with rockets that came from Gaza and went into Israel. What can we expect the result of this report to be? Will it be like the other ones, simply good reading or bad reading and shelved again? Will the UN act to do something with it? Will it go to the International Criminal Court? Again, we don’t know.

Guest – Diana Buttu,  a Palestinian-Canadian lawyer and a former spokesperson for the Palestine Liberation Organization. Best known for her work as a legal adviser and a participant in peace negotiations between Israeli and Palestinian organizations, she has since been associated with Stanford University, Harvard University, and the Institute for Middle East Understanding (IMEU).

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ICE Detention Center Standards Improve, Being Released is Now More Difficult

When women and children from Central America seek asylum and are captured at the US border, some are arrested and sent to a detention center in Artesia, New Mexico. Run by Immigration and Customs Enforcement, there are no legal services providers in the state funded to represent persons in detention. The Obama administration has made clear that immigrants’ cases must be processed as quickly as possible, and that most should be deported, increasing the likelihood that detainees are deprived the chance to exercise their rights.

To help ensure that women in detention get legal help in navigating a complex and difficult-to-understand process, a small group of volunteer attorneys organized by the American Immigration Lawyers Association works at the center 12 hours a day.  The court process in Artesia has been described as a “s#%*show” where judges refuse to let lawyers speak during hearings, detainees clearly worthy of asylum are denied, and no one will articulate the legal basis for judges and asylum officers’ decisions. Most women in detention do not understand that they can ask for time to locate an attorney or that they cannot be deported without having an opportunity to present their case.

Guest – Attorney Laura Lichter, former president of the American Immigration Lawyers Association. (“AILA”), the premier bar association of immigration lawyers and law professors in the U.S. She has been an elected member of AILA’s national leadership for over a decade and has served as the association’s top liaison to the key immigration enforcement bureaus of the Department of Homeland Security and Department of Justice, including Immigration and Customs Enforcement (ICE), which is responsible for immigration investigations, prosecution, detention and removal operations, and the Executive Office of Immigration Review (EOIR), which oversees the nation’s immigration court system. Ms. Lichter is AILA’s liaison to the American Bar Association’s Commission on Immigration and serves on the Federal Bar Association’s Immigration Law Section Advisory Board. Ms. Lichter recently served on the Homeland Security Advisory Council (HSAC) Task Force on ICE’s Secure Communities program, reporting to findings on the ICE enforcement initiative to DHS Secretary Napolitano. Based in Denver, she is the former Chair of AILA’s Colorado Chapter. Ms. Lichter’s practice focuses on the representation of foreign nationals in removal proceedings, contested family and naturalization applications, administrative appeals, and related federal district and appellate court litigation.

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Law and Disorder May 25, 2015

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50 Year Anniversary of the Vietnam War: Professor Susan Schnall

From 1967 to 1969, during the Vietnam War Lieutenant J.G. Susan Schnall was a Navy nurse stationed at a hospital in Oakland California treating wounded marines. She and other soldiers threw anti-war leaflets out of airplane on to an Army base in California. For this she received a general court martial and was discharged from the Navy in 1969. She’s an expert on the effects of Agent Orange. The chemical used by the United States to commit chemical warfare against the Vietnamese people and their land.

Guest- Susan Schnall, co-coordinator of the Vietnam Agent Orange Relief & Responsibility Campaign, chairing the legislative outreach and science group. She is currently a professor in Health Policy and Planning at NYU and a member of Vietnam Veterans Against the War, Veterans for Peace and American Public Health Association. In 1969 she was tried and convicted by a general court martial for her anti-war activities while a member of the US Navy.

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50 Year Anniversary of the Vietnam War: Attorney Jim Lafferty

When the United States government escalated its war in Vietnam in 1965, Detroit Attorney Jim Lafferty who is a leader of the National Lawyers Guild and an attorney representing draft resisters became active in what was unfolded as the mass movement opposing the American war. Jim was one of the five national coordinators of the National Peace Action Coalition and played a central role in the huge anti-war demonstrations in 1967, 1969 and 1971.

Guest – Jim Lafferty, has been a movement lawyer, political organizer, and legal worker for the past 50 years. He served as NLG executive director from 1963 to 1967, during the peak of Guild work in the South. In Detroit, he was a founding partner of Lafferty, Reosti, Jabara, James, Stickgold, Soble and Smith, a law firm which, according to his Red Squad file, represented “every left-wing, civil rights, anti-war, and black nationalist group in Detroit.” Jim is also a strident antiwar activist. He established numerous draft counseling centers in the Midwest, helped organized some of the largest Vietnam War protests, and, when Iraq invasions loomed in both the 90s and the aughts, he coordinated some of the largest anti-war coalitions. Jim has served as the Los Angeles chapter’s Executive Director for over two decades. Most recently, he headed his chapter’s well-publicized support for Occupy LA.

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50 Year Anniversary of the Vietnam War: Doug Rawlings

As we commemorate the 50th anniversary of the American war in Vietnam, many believe that the US government is attempting to reshape the historical record, omitting the perspectives of antiwar protesters and of disaffected and nonconforming soldiers and their families. Also missing are the narratives of Southeast Asians who suffered from misguided and disastrous foreign policies.  Veterans for Peace has launched a Full Disclosure campaign calling on Americans to write letters to the soldiers whose names appear on the Vietnam Veterans Memorial in Washington DC. They urge everyone with a role in the Vietnam war–be it war resister, combatant, family member, conscientious objector or citizen, to share their memories and perspectives.

Guest – Doug Rawlings, founding member of Veterans For Peace and was an active member in early years of the organization, became Maine chapter president for 5 years, and served as chapter secretary.  He was on the planning committee for the  annual PTSD symposia and, planning committee for the 25th anniversary national convention. Rawlings was drafted in the fall, 1968 and served in Vietnam from July 1969 to August, 1970, 7/15th Artillery.  He was a secondary school teacher for six years and has been teaching at the University of Maine at Farmington for close to thirty years.

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Law and Disorder May 18, 2015

Updates:

  • Michael Ratner: This Year Marks Three Years Julian Assange In The Ecuador Embassy
  • Michael Ratner: Assange Is In Embassy Pending Extradition to Sweden Regarding Allegations. No Charges. It’s Essentially Indefinite Detention.
  • Michael Ratner: Wikileaks Posts The BND Transcripts (Germany Holding Inquiry Into NSA Spying) and Searchable Database of Sony Hacked Emails
  • Michael Ratner: Julian Assange Has Strong Proportionality Argument That Could Dismiss Allegations From Sweden.
  • Michael Ratner: The British Have Said If Julian Leaves the Embassy He Will Be Arrested.
  • Michael Ratner: CIA’s Jeffrey Sterling Sentenced to 42 Months for Leaking to New York Times Journalist

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May 8 1945 – End of World War II

Our own Michael Ratner has been in Europe, specifically in Berlin in his capacity as the President of the European Center for Constitutional Human Rights. May 8 is an important day in Europe, because its the day the Nazis were defeated 70 years ago. Michael Ratner was at a celebration during this historic event. We also hear part of a famous poem titled September 1, 1939. That’s the day the Nazis invaded Poland. It’s the day that WWII started. The Nazis had vowed they were going to destroy Poland and destroy Russia. They threw everything they had into it. 150 divisions moving east toward Russia and W.H. Auden, the great poet was sitting in bar on 52nd Street and he reflected on that historic day.

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ECCHR: Bush Torture Team Travel Restriction

Today we can say with some surety that members of the torture team from Bush, Cheney, Rumsfeld, the lawyers and scores if not hundreds of CIA agents are unwilling and afraid and fear going to the European Union and countries in Europe. Why? Because they’re are afraid they’ll be subpoenaed and arrested or otherwise forced to testify about what they did when they were part of the torture team. That result is in large part due to an organization in Europe called the European Center for Constitutional and Human Rights. It along with the Center for Constitutional Rights and others have brought numerous cases throughout Europe to make sure the torture team will be indicted and certainly at a minimum some 12 years later, that they can’t travel to Europe. The ECCHR does other work as well. It litigates and brings cases against corporations involved in labor abuses throughout the world particularly in Pakistan and Bangladesh where sweatshops have killed hundreds of workers.

Guest – Attorney Wolfgang Kaleck, founded the European Center for Constitutional and Human Rights (ECCHR) together with other internationally renowned lawyers in Berlin in 2007. ECCHR is an independent organization that works with lawyers and groups around the world to take legal proceedings against state and non-state actors for their roles in crimes against international law. ECCHR also uses legal instruments to combat inhumane working conditions and other issues in the area of business and human rights. Wolfgang Kaleck has served as General Secretary of the organization since its foundation. Kaleck previously worked as a criminal law attorney at law firm Hummel.Kaleck.Rechtsanwälte, which he co-founded in 1991. Since 1998 he has been an advocate for the Koalition gegen Straflosigkeit (Coalition against Impunity) which fights to hold Argentinian military officials accountable for the murder and disappearance of German citizens during the Argentinian dictatorship. Between 2004 and 2008 he worked with the New York Center for Constitutional Rights (CCR) to pursue criminal proceedings against members of the US military, including former Secretary of Defense Donald Rumsfeld.

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Law and Disorder May 11, 2015

 

Updates:

  • Heidi Boghosian: Attorneys Make United Nations Urgent Appeal Request For Mumia Abu-Jamal

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FiSaraha International Film Festival

Co-host, attorney Michael Ratner recently attended the 11th FiSaraha International Film Festival in Africa’s Western Sahara Desert. He bring us up to date on the festival and the larger issue of Sahrawi refugee camps in Southwestern Algeria. He also reminds about the anniversary of the United States’ contra torture and murder of Ben Linder in Nicaragua.

Law and Disorder Co-host Attorney Michael Ratner,  President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books Who Killed Che? How the CIA Got Away With Murder, The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.

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ACLU Lawsuit To Make Catholic Groups Provide Abortions To “Illegal” Immigrants

After hearing reports that Catholic bishops are prohibiting Catholic charities from allowing undocumented immigrant teenagers in their care to access contraception and abortion services—even in cases of rape—the ACLU recently filed a lawsuit to obtain federal government records. The group seeks documents related to reproductive healthcare policy for unaccompanied immigrant children in the care of federally funded Catholic agencies, which do not believe in abortion.  Nearly 60,000 unaccompanied minors illegally crossed over from Mexico border in 2014. Approximately one third were young girls, an astonishing 80% of whom were victims of sexual assault.

The government contracts with the United States Conference of Catholic Bishops to care for those children until they can either reunite with a relative or face an immigration hearing. In total the Conference has received $73 million overall from the government—with $10 million allocated for the care of unaccompanied minors in 2013 alone.

The Conference has objected to a regulation proposed by the Obama administration mandating that contractors provide abortions to immigrants who have been raped. In response to the ACLU’s request, the Conference asserts that they are within their rights to exercise religious freedom while taking care of the minors.

Guest – Brigitte Amiri, Senior Staff Attorney at the ACLU’s Reproductive Freedom Project.  Brigitte is currently litigating multiple cases, including a challenge to South Dakota’s law that requires women seeking abortion to first visit a crisis pregnancy center before obtaining an abortion, a restriction on Medicaid funding for abortion in Alaska, and a law in Texas that has forced one-third of the abortion providers to close their doors.  Brigitte is also heavily involved in the challenges to the federal contraception benefit, and was one of the coordinators for the amicus briefs in the Supreme Court.  Brigitte is an adjunct assistant professor at New York Law School, and has been an adjunct assistant professor at Hunter College.

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 Proposal To Award Chicago Police Torture Victims Reparations

Victims of police torture under former Chicago Police Commander Jon Burge will share $5.5 million, receive an apology and have their story taught in school under a reparations package proposed recently. The proposal is expected to pass when the council votes on it this month.

More than 100 people who accused Burge and officers under his command of torture—from cattle-prod shockings, phone book beatings prods, and suffocation with bags until false confessions were given—over nearly two decades ending in 1991. While some have already settled for thousands or millions of dollars, the remaining dozens can each receive up to $100,000 under the proposed ordinance. More than $100 million has already been paid over the years in court-ordered judgments, settlements and legal fees. Amnesty International USA lauded the proposal, which it said was unlike anything a U.S. municipality has ever introduced.

Besides a provision that calls for teaching the Burge torture cases to 8th and 10th graders in public school history classes, the ordinance includes a formal apology from the City Council, and psychological counseling and other benefits such as free tuition at community colleges. In recognition that the torture, and in many cases wrongful convictions and lengthy prison sentences, has impacted victims and their families, the ordinance extends some benefits to victims’ children or grandchildren.

Burge, 67, was fired from the Chicago Police Department in 1993. He was never criminally charged with torture, but was convicted in 2010 of lying about torture in a civil case and served 4.5 years in federal custody. Still drawing his pension, he was released from a Florida halfway house in February.

Guest – Attorney  G. Flint Taylor, a graduate of Brown University and Northwestern Law School, is a  founding partner of the People’s Law Office in Chicago, an office which has been dedicated to litigating civil rights, police violence, government misconduct, and death penalty cases for more than 40 years

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Law and Disorder April 20, 2015

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Speaking In Turkish: Denying the Armenian Genocide

To commemorate this, the first genocide of the 20th century, Law and Disorder co-host Heidi Boghosian presents a 60-minute documentary special titled “Speaking In Turkish: Denying the Armenian Genocide.”

Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.

The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.

Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.

As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.

Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.

Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.

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Law and Disorder April 13, 2015

Updates:

  • Michael Ratner: Edward Snowden Bust On Brooklyn War Memorial Replaced By Hologram

 

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Mumia Abu-Jamal Health Crisis Update

Journalist and political prisoner Mumia Abu-Jamal continues to be in serious medical condition at SCI Mahanoy in Frackville, Pennsylvania. He has lost over 50 pounds and his body is covered with a hard, painful layer of jet-black skin that is both bloody and itchy. Last week his blood sugar registered in the mid 200s and continues to fluctuate, with doctors injecting a double shot of insulin right before he was brought out in a wheelchair to see visitors. As of that visit he had not been seen by a diabetes specialist, and there is concern that the insulin injections may result in an overdose or cause organ damage.

Mumia is so weak that when he tried to go to the infirmary’s bathroom, he could not sustain himself on his feet. He slid down to the floor and waited there, helplessly and unable to call for assistance, for 45 minutes until he was found by a doctor and another prisoner.

Support and demands for medical attention and an improved diet continue to pour in from around the globe. Two teachers delivered letters that their students had written to Mumia; one batch from a third grade class taught by Ms. Marylin Zuniga in Orange, New Jersey; the other from a group of high school students in the Philadelphia Student Union, which fights for school reform and is led by Mr. Hiram Rivera.

ACTION: Please call Secretary of Pennsylvania Corrections John E. Wetzel – 717-728-4109. Demand is that Mumia be allowed to see a team of specialist chosen by his family and supporters to assess and evaluate his condition.

Article: A Slow Death for Mumia Abu-Jamal and Thousands of Prisoners in America by Johanna Fernandez and Heidi Boghosian

Guest – Johanna Fernandez, assistant professor of history at Baruch College and an active member of the Campaign to Bring Mumia Home. She received a PhD in History from Columbia University and a BA in Literature and American Civilization from Brown University. Professor Fernández teaches 20th Century U.S. History, the history of social movements, the political economy of American cities, and African-American history.

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Palestinian Refugees in Syria

In a situation the United Nations has described as “beyond inhumane,” last week an estimated 300 ISIS extremists converged on Yarmouk Palestinian refugee camp in Damascus after three days of fighting. Humanitarian aid has failed to reach starving residents there, even as ISIS members, many of whom appear to be Syrian, portrayed the attack as a liberation of the camp’s residents. In fact the residents –3,500 of whom are children—have been under siege and starvation tactics for two years.

Syrian forces control all entrances to the north and east of Yarmouk and have largely resisted pleas by UNRWA for parcels of food and water to be allowed in. Jaysh al-Islam, one of the main Islamist opposition groups fighting against Isis in the camp, reported to the Guardian that 80 ISIS militants had been killed in a period of two days and some of its positions had been seized. Yarmouk, the largest Palestinian camp in Syria, has been a frequent battle zone, pitting regime forces against mainstream and Islamist rebels. Approximately 16,000 residents remain in the settlement, a decrease from 200,000 prior to the war.

Most inhabitants fled to Lebanon where they now live in overcrowded refugee camps. Many are refugees for the second time, having fled what is now Israel in 1967 or 1948. Some have attempted to flee on migrant boats to Europe and Egypt.

Guest – Salim Salamah, the head of the Palestinian League for Human Rights-Syria, and a former Yarmouk resident who fled in October 2012. He’s exiled in Sweden since February 2013 – spokesperson of the Palestinian League for Human Rights/Syria, a grassroots refugee and youth-led human rights collective.

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