Law and Disorder January 19, 2015

Cuban3Pesos CU-69d

U.S. Cuban Foreign Policy Changes Strategy: Normalizing Relations

Last year, in a sudden reversal of policy, the United States released the remaining three of the Cuban Five who were imprisoned for arrested in the United States while investigating Cuban exile groups accused of terrorism. The release was part of a prisoner exchange announced on when President Barack Obama ordered the restoration of diplomatic relations with Cuba, that has been isolated by a trade embargo for 54 years.

Sandra Levinson:

  • When you’ve lived through 10 or 11 presidents and you’ve seen how bad our policy can be, and also the disappointment that people like me felt, since Obama had been elected, that almost nothing had been done for improving travel for Cuban Americans.
  • The point at which I cried was when he said he was going to open an embassy in Havana, because once you got over the fact, the 3 political prisoners were coming home, that was sheer joy to realize along with the Cubans, they were crying too. They said we’ve finally been recognized as a government.
  • I think it will be great for the Cuban artists.
  • By the second day the people were saying we have to make sure we keep our culture.
  • We have to be sure we keep our country.
  • Cuba needs help with its infrastructure, it doesn’t need McDonald’s
  • We still have the Helms-Burton law. We still have the embargo. I think our next fight is to get rid of the Helms-Burton law because that has done so much to strengthen the embargo.
  • I think the Cubans will attempt to slow the flow of people from the United States to what they can manage.
  • As we all know the infrastructure for tourism is not sufficient to take care of everyone. I’m surprised they didn’t recognize sooner.
  • Clearly its because of US interest that we are doing this. We are not doing this to finally be nice to the Cuban revolution.
  • cubaupdate.org / cubanartspace.net

Guest – Sandra Levinson, President and Executive Director of the Center for Cuban Studies. She was one of the Center’s founders in 1972. In 1991 Levinson spearheaded a lawsuit against the U.S. Treasury Department which resulted in legalizing the importation of original Cuban art.  She is currently directing works at the Cuban Art Space, which she founded in 1999, to properly house and archive the thousands of posters, photographs and artworks which the Center has collected in the past 42 years

——

MR-066-03-2014-07-200x300 nsa-prism-data-flow

Electronic Communications Surveillance

In the recent Monthly Review, there’s an article titled Electronics Communications Surveillance written by attorney Lauren Regan. The article enumerates the various laws, acts and court cases that have led up to collecting information on millions of citizens such as phone, internet, and email habits, credit card and bank records. Nearly all of our on line activity is subject to being surveilled by the state. Lauren breaks it down from Electronic Communications Privacy Act of 1986, an extension of the 1968 Federal Wiretap Act, the FISA Act and on to the USA Patriot Act in 2001. The article is grouped into 3 areas,  wiretaps and “electronic eavesdropping,” stored messages, and pen registers and trap-and-trace devices.

Attorney Lauren Regan:

  • The corporations that are engaged in gray intelligence use the term threat assessment.
  • They look at activist communities even individuals and determine what level of threat they pose to the profit making components of their enterprise.
  • I think its important that activists engage in their own threat assessment as well.
  • In the documents (FOIA requests) we learned that the corporations themselves want to maintain clean hands. They don’t want to get caught spying on Mom and Pop holding a banner on a street corner.
  • They devised this scheme where there is this security firm and public relations firm that kind of open up their own shop next door.
  • They’re often former FBI agents for some of these big corporations and industries. They will collect the intelligence and its up to these PR firms to put it into these “terrorist bulletins.”
  • For a long time we knew that corporations often hired by the government itself but also hired by big industry has been going through open source intelligence. So they’ve been monitoring our websites and social media and email lists and press releases and any other public documents they can get their hands on in their 8 hour paid day.
  • They compile all this information into reports and then they sell it to police or other corporations or the government.
  • They call them issue monitoring or trend analysis. In essence it is attempting to both legitimize and make profit of spying on political groups and political activists.
  • In my experience its less important to focus on the name of the corporation because they’re so slippery and constantly changing their names.
  • The animal rights movement has definitely been a significant target for this type of spying.
  • We were working with a number of different organizations who were afraid. Who were thinking of stopping their campaigns, because they were concerned they were going to be put in prison, that they were going to be labeled terrorists.
  • One of the campaigns out of Pennsylvania, consisted of teachers, doctors, people who were once a week going out on street corners and holding a banner opposing fracking and they found themselves in a terrorist bulletin.
  • Especially when you’re talking about giant coal industries, and tar sands industries. These are gazillion dollar corporations. They’re multinational in scope. They’re working together within their industries which means they have more money and resources to put road blocks in front of regular public interest citizens.
  • There are things that you can do to make life more difficult for those that wish to spy upon you.
  • Thor and VPN are ways to use the internet with less ability to be tracked or surveyed.
  • We represent activists for free and we coordinate legal teams around the country to insure that activists have high quality representation, when they choose to risk their liberty for a cause.

GuestLauren Regan, the founder and executive director of the Civil Liberties Defense Center (CLDC), where she serves as our staff attorney as well. Ms. Regan operates a public interest law firm, The Justice Law Group, specializing in constitutional law, civil rights, and criminal defense. She is a founding board member and past president of the Cascadia Wildlands. She also serves as a Lane County Teen Court judge, Oregon State Bar Leadership Fellow, National Lawyers Guild, Eugene co-chair, and volunteers hundreds of hours a year to various progressive causes.

—–

Prados_F13_C fji

The Family Jewels: The CIA, Secrecy and Presidential Power

The surveillance and torture programs conducted by agents and contractors of the United States Central Intelligence Agency has a long sordid past. One of the first revelations of the CIA’s illegal activities released to the public was released in December 1974 by the New York Times. Details of surveillance, eavesdropping, detention and interrogation shocked readers. It was also became the foundation for deeper research by our next guest John Prados,  a senior fellow of the National Security Archive in Washington, DC. He’s the author of the book The Family Jewels: The CIA, Secrecy and Presidential Power, where Prados recounts secret operations and how Vice President Richard Cheney played a leading role in intelligence abuses. He joins us today to talk about the Senate Select Committee on Intelligence Torture Report and the deeper connections based on his research.

John Prados:

  • A semi-notorious document that was known as the family jewels – this was a record of CIA abuses of the 1950s, 60s, and 70s, when they were spying on American citizens. In fact the revelation was so explosive at that time it lead to multiple investigations of the CIA by the Church Committee, the Pike Committee.
  • I think that the CIA has a preoccupation with image. The episode of the “family jewels” is typical because at the time the intelligence agency’s director was Michael Hayden. Hayden, simultaneous with the release of the document gave a speech taking credit for thinking of releasing the “family jewels” themselves.
  • In my book The Family Jewels I have a couple of chapters that documents this kind of activity.
  • We have been waiting 2 years for the appearance of this report.
  • If you look at the website that’s maintained by former director Hayden, and former director Porter Goss and former director George Tenant, you will see that they posted on their website declassified CIA documents, much more lightly redacted that were released as long ago as last summer.
  • These are the first documents I have seen containing direct Whitehouse action and activity on the torture issue.
  • The best piece of this relates to early 2004, where there was the United Nations international day of support for victims of torture. Tenant sends a memo to Condi Rice and requests that the Whitehouse reconfirm Bush Administration support for the torture program.
  • When that was not immediately forthcoming, they did this again.
  • CIASavesLives.com
  • These things were released as part of the argument that was made by former intelligence officials that torture was approved and legal.
  • Not just damage control but the perpetrators, the agency officials responsible for this program,they know its not legal, they know its morally reprehensible. They’re operating under the fig leaf of this presidential authority and this mumbo jumbo Department of Justice legal memo network.
  • If there’s a breath of questioning it all of a sudden, they’re not covered anymore. That’s the reason for the sensitivity and the reason why the CIA suddenly erupted in this effort to reconfirm these authorities.
  • If you delete material from the documents in such a way that the public can’t tell that the material the CIA got was useful, or misleading everybody.
  • The Senate report is so important because it shows on all of these cases, they took the ones twenty ones, the CIA most claims they got information for them. The report shows that in every one of those cases in fact they were getting information without resorting to the torture.
  • I think we have a challenge. I think we need to work to make a wedge for accountability in this country. I do think Americans are shamed and embarrassed by this behavior. This is not what the United States is about.

Guest- John Prados is an author and analyst of national security based in Washington, DC. He is the author of more than twenty books and many articles on topics of current importance, presidential studies, international security; and diplomatic, intelligence, or military history. His current book is The Family Jewels: The CIA, Secrecy, and Presidential Power (University of Texas Press)Newly appearing in paperback are Islands of Destiny: The Solomons Campaign and the Eclipse of the Rising Sun. In addition Prados is author of titles on national security, the American presidency, and other subjects including Vietnam, the Soviet Union, and World War II. He is also a noted designer of boardgames on military strategy, intelligence, and diplomacy.

—————————————————————–

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic (link is fixed). This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

Law and Disorder January 12, 2015

NORTH CAROLINA DEPARTMENT OF CORRECTION 2070398315

Prison State of America: Chris Hedges, Earl Amin, Amos Caley

Today we hear from 3 extraordinary people that will move you to anger, tears and outrage. Chris Hedges is an award winning journalist and former New York Times Middle East bureau chief . His recent article is Prison State of America outlines in detail how prison workers are gouged by corporate run private prisons. Earl Amin is a former Black Panther who was sentenced to life in prison for conspiracy to commit robbery and served 35 years which is the longest sentence in the state of New Jersey.  Amos Caley is with the Interfaith Prison Coalition and a graduate student in the School of Social Work and is with the National Religious Campaign Against Torture, that exposes the abusive practice of solitary confinement in New Jersey prisons

Chris Hedges:

  • What we’ve seen in the last few years is a steady assault, economic assault against prisoners and their families.
  • Your minimum wage is about $1.30 a day. 8 hours of work, you’re doing prison labor, you work for the state. You’re paid a 1.30.
  • They pay you for 5 days a week. That’s about 28 dollars a month.
  • Deodorant, stamps, toothpaste, all of this stuff has risen by in many cases over 100 percent.
  • Wages in the society at large have remained stagnant and in real terms declined and yet the commissary items have gone through the roof.
  • The standard footwear are Reeboks, which cost 45.00. If you don’t have 45.00, they will sell you these sneakers with cardboard soles. The first time you go out in the yard, they’re shredded.
  • If you don’t have any money, the prison system has thoughtfully provided a loan system so you can go into debt peonage.
  • We have seen private corporations take over the phone system.
  • We have seen the removal of other items like thermals. They used to give two blankets, now they give one.
  • They’ve also privatized the system where you put money on a prisoners account. Jpay. Again charging draconian fees.
  • Remember, we’re talking about very very poor families.
  • What we’re seeing now is larger and larger numbers of people within the system who are not only broken, because most families don’t have the resources to send money in those incarcerated, because most of the incarcerated were the primary wage earner, people are going into debt.
  • You have a 10 thousand dollar fine imposed on you when you’re sentenced. You’re earning 28 dollars a month, you have no outside resources.
  • 25 years later, this is an actual case, you still owe 4 thousand dollars.
  • People are finishing prison in debt. The very forces of predatory capitalism that are destroying working men and women outside the walls of prison, are running rampant inside the walls of prison.
  • That is a kind of window of what’s going to happen to rest of us.
  • Much of the military equipment is produced by federal prisoners – Kevlar jackets, body armor, canteens, etc

Guest – Chris Hedges, Pulitzer-Prize winning author and journalist. He was also a war correspondent, specializing in American and Middle Eastern politics and societies. His most recent book is ‘Death of the Liberal Class (2010). Hedges is also known as the best-selling author of War is a Force That Gives Us Meaning (2002), which was a finalist for the National Book Critics Circle Award for Nonfiction.

—–

Earl Amin:

  • In 1967, I was drafted right out of high school into the Army.
  • I met this white kid from Boston and he said Earl let’s go into town tonight which is Augusta, they some bad cats out there, I want you to meet them.
  • I thought he was talking about Motown, Temptations, I never thought he’d talk about the Black Panthers. I went out there and heard these guys talking about the government.
  • Later on I was transferred to Fort Dix, New Jersey – went to Central Park with my sister, Angela Davis was speaking. I had on my Army uniform. She said brother are you in the Army, I said yea. You been to the South? She said you don’t need to be this army you need to be in our army.
  • I went AWOL that day. I joined the panthers that day until the FBI caught up with me six months later and charged me with being AWOL and sent me to Fort Leavenworth.
  • I stayed there about nine months and they released me, went back to being a panther again, came home.
  • Later on I was involved with something called Operation Breadbasket out of Chicago. We was out there feeding the poor people. I was out there when Fred Hampton was killed.
  • I got arrested for guns. I went back to prison for a few months and came out.
  • Then I got arrested for conspiracy to commit bank robbery, just talking about it. I was given a life sentence.
  • I went to New Jersey State prison, Trenton.
  • I started doing a lot of para-legal work and helping a lot of other people get out of prison.
  • One judge told me if I was sentencing you today, I would give you 3 years.
  • I was the first person in the history of the state to be sentenced to life for a robbery charge.
  • Being 65, I took a job as a construction worker working 2 days a week, barely enough.
  • I was listening to POP, Peoples Organization for Progress, with Larry Ham.
  • For years and years I’ve earned a dollar thirty a day.
  • That’s one of the problems, I’m comin home. I can’t get social security cause I ain’t paid nothing into social security.
  • I can’t get a job because of my age, so what am I supposed to do?
  • If you didn’t work, you didn’t get no toothpaste, you didn’t get no coffee.
  • I personally, filed my own divorce.
  • Rubin Hurricane Carter was my hero. Rubin resisted everything.

Guest – Earl Amin, a former Black Panther who was sentenced to life in prison for conspiracy to commit armed robbery.  Earl has been released from prison after 35 years.

—–

Amos Caley – Interfaith Prison Coalition

  • We’re realizing that talk is cheap. Looking at people who are most affected, and what they’re doing in terms of mobilizing themselves around this, is really a key to creating a sustained grassroots effort against the (predatory capitalist) system.
  • We really have to organize around the demands of the families and the victims.
  • That’s what the Interfaith Prison Coalition is about.
  • One of things we’re doing is mounting a campaign to make it so that prisoners are paid minimum wage.
  • We’re talking about a minimum wage for service workers on the outside, which will have a huge impact.

Guest – Amos Caley, a graduate student in the School of Social Work and is with the National Religious Campaign Against Torture, that exposes the abusive practice of solitary confinement in New Jersey prisons.

————————————————————

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic (link is fixed). This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

 

Law and Disorder January 5, 2015

Updates:

  • Hosts Look Back At Several Legal Cases Of 2014
  • Professor Steven Salaita Case Update
  • Palestinians Join International Criminal Court After UN Rejection
  • Michael Ratner: There Is An Immediate Jurisdiction In The ICC On The Occupied Territories
  • Michael Ratner: Guantanamo Statistics 2015
  • Michael Ratner: Afghanistan War Ends?

—–

spying1L 10_ragcrowleycover_small-634x1024

Dissent Under Surveillance: Heidi Boghosian

“Dissent Under Surveillance” was a panel held on November 7th at the Cooper Union in NY. It featured our own Heidi Boghosian, along with panelists Kevin Gosztola, Lisa Lynch, Ryan Shapiro and Carey Shenkman. Carey has been a guest on Law and Disorder. The panel was part of The Clandestine Reading Room, an exploration of leaked and declassified documents shedding light on government surveillance and secrecy in the US.

—-

report1a tortureandimpunity

How To Read The Senate Report On CIA Torture

We welcome back author and professor of history at the University of Wisconsin, Al McCoy who recently published the article titled How to Read The Senate Report On CIA Torture. He calls it the single most important U.S. government document released to date in this still-young 21st century, yet its not without particular failings. McCoy distills the report into several potent areas. Among them, he points out how the report shows the “perpetrators as mendacious careerists willing to twist any truth to win a promotion or secure a lucrative contract.” Another is that the CIA has now been forced to admit that any link between torture and actionable intelligence is “unknowable.”

Professor Al McCoy:

  • The report gives us a graphic record of just how brutal the CIA interrogations were.
  • For years now we’ve been saying enhanced interrogation techniques or the acronym EIT’s or techniques which some consider to be torture, all kinds of twisted euphemisms. Well now, thanks to the senate report on the CIA on interrogation and incarceration everybody, citizen and senator alike, just say torture.
  • Another aspect that emerges from the report is a graphic description inside the worst of the CIA managed prisons, the salt pit in Afghanistan. The cold and eternal darkness, the capricious brutality of the CIA interrogators. The absolute incompetence from the point of modern incarceration of the CIA junior prison managers who were sent out without training to run this prison.
  • Through all of that the salt pit in Afghanistan can join that long lineage of state human cesspits of suffering.
  • Another thing and I think the most important contribution of the senate report is to establish that all the CIA’s claims that brutal coercive interrogation somehow kept us safe, blocked terrorist plots, led us to Osama Bin Laden.
  • No longer can the CIA claim the techniques work.
  • There’s one little detail that doesn’t seem that important analytically that sticks out and becomes absolutely iconic.
  • The iconic part of that report is the fact that the CIA paid 81 million dollars to 2 retired military psychologists who had no training, no language skills, no nothing. These 2 mediocrities are given 81 million dollars to run the CIA psychological and interrogation program.
  • The Senate tells us there’s this female operative that was responsible for one of the biggest bungles of the war on terror. The seizure off the streets of a German national named el Mazri. He was rendered to the salt pit in Afghanistan and for 4 months he suffered the vicissitudes of that horrific prison, that iconic hell hole. Then the CIA figures out, oops. This is a complete mistake. This guy is not in any way a terrorist, and they literally dump him on a mountain top in Albania with a wad of cash and have a nice day.
  • That operative then also claimed in testimony to the CIA inspector general in 2004 who was investigating the abuses inside the agency’s prisons that these techniques were working. The brutal interrogation, the water boarding of Khalid Sheik Mohammad the top al-Qaeda suspect had led the agency to another suspect named Majid Khan.
  • It turned out that Majid Khan was already in CIA custody before the interrogation. Her statement was completely bogus. Who is this person?
  • The CIA drew upon her primarily we believe to make her this fictional female CIA operative in Zero Dark Thirty this hero, whose almost obsessive pursuit of Osama Bin Laden and her participation in torture sessions led the Navy Seals to kill Osama Bin Laden in Pakistan.
  • Her name is Alfreda Bikowski. She was the one who missed the signals on the 911 plot before it happened.
  • She gave systematic false testimony as I described. She led the CIA on a false goose chase on a supposed terrorist cell in Montana and for all that she’s been promoted to the equivalent of a CIA rank as a one star general.
  • In 2012, this civil servant had bought an 875 thousand dollar house in Virginia, a luxury residence.
  • In short, instead of being reprimanded, demoted, punished for this cacophony of errors, the CIA operative had been rewarded.
  • (the senate report) they don’t really explore the history, they don’t tell us where did this psychological torture come from.
  • Where did this institutional reflex for torture come from? It comes from a 60 year history of the U.S. involvement of torture.
  • The CIA was desperately afraid that the Soviets had somehow cracked the code of human consciousness.
  • The sensory deprivation, the sensory disorientation leads to a very quick breakdown.
  • Torture up to but not death was legal, and that’s what allowed the CIA to do all this.

Guest – Professor Alfred McCoy is the author of two recent books on this subject—Torture and Impunity: The U.S. Doctrine of Coercive Interrogation (University of Wisconsin Press, 2012) and A Question of Torture: CIA Interrogation from the Cold War to the War on Terror. Welcome to Law and Disorder.

———————————————————-

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic (link is fixed). This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

 

 

 

Law and Disorder December 29, 2014

1082119862 Photo by Pete Souza The White House

U.S. Cuban Foreign Policy Changes Strategy: Normalizing Relations

We’re joined today by attorney Michael Krinsky, a partner in the famous law firm of Rabinowitz, Boudin, Standard, Krinsky & Lieberman. This the firm that almost has been from the beginning representing the government of Cuba. We speak with Michael about the dramatic reversal of policy and the recognition by the United States of the Cuban government and the eventual establishment of joint embassies. We also speak about the returning to Cuba of the three remaining anti-terrorist Cuban fighters who have been in American prisons for 16 years. Three men of the Cuban Five. That, plus we discuss the changing of the commercial relationships between the United States and Cuba.

Attorney Michael Kinsky:

  • It was an extraordinary moment. Word got around that Raul Castro was going to talk to the Cuban people on television at Noon, so everyone ran to find a television, including me.
  • I think many people expected Obama to take some minor measures to test the waters perhaps to get things moving.
  • Most people were quite surprised about the tone of his speech and what he said.
  • I happen to be at a conference of US and Cuban scholars, which were talking about US-Cuban relations, that’s where I saw President Castro’s speech. The first thing he said of course was the cuban heroes. The 3 of the remaining Cuban Five and the place broke into pandemonium. People jumped up literally hugging each other. People were crying, then they quieted down and they listened to the next thing.
  • And then when he said President Obama and I have agreed to reestablish normal diplomatic relations. There was silence. Then people half a second later absorbed and again there was a tremendous commotion.
  • People felt a sense of triumph. After 55 years of holding despite the Bay of Pigs, despite the economic blockade, despite the special period when the trade with the Soviet Union collapsed, they had held on. In the end, someone put it, the United States came to us.
  • You could see it in the streets, you could see it in the restaurants, you could see it in the offices. People were happy.
  • They were literally smiling for days afterward.
  • The embargo has been in effect for 54 years. It’s as comprehensive an embargo as this country has ever imposed, as any country has every imposed against any country.
  • It’s not simply the US saying we the United States won’t trade with Cuba. A major part of it is extra-territorial reach. The effort for Cuba to make trade with third countries difficult and impossible.
  • They can’t get US parts for their equipment.
  • They can’t use US dollars for international transactions, which is the currency of international trade.
  • Shipping to Cuba is made extremely difficult because of the US law that says if a ship goes to Cuba it can’t come to the United States for six months.
  • Everyone in Cuba lives on a daily basis what they rightfully call a blockade.
  • A blockade implies an effort to interrupt, disrupt trade between Cuba and a third country.
  • There is nothing there about Cuban products being sold in the United States. It’s all one way.
  • Cubans have developed a lot of innovative medical products that doctors are very excited about.
  • There was nothing in the announcements about regular airplane service between the two countries.
  • (Michael Ratner: The president has the authority to license almost everything, every economic transaction with Cuba at this point)?
  • Right export, import, financial transactions, loans, credits, investments, all of these things are within the president’s licensing authority.
  • The United States did not want a left wing socialist revolution to succeed in the Americas.
  • The theme publicly and internally in the US government, until about 1991, 1992 and then there was a shift. Then for the first time, the United States publicly started talking about the goal of US policy including the blockade was to change the internal character of the Cuban system. The Cuban government.
  • Civil liberties, free elections, free speech – those became for the first time the articulated goals of US policy.
  • Guantanamo Bay used to be a Naval Station for coaling, ships operated on coal then. There was a 99 year lease between a captive Cuban government and the United States.
  • I’m trying to find the right balance between a great deal of enthusiasm and not necessarily skepticism, but caution.
  • It was nice to see the State Department make reference to this, the United States has claims for the nationalization the properties of its companies in Cuba in the early days. Cuba has articulated it has much greater claims against the United States for the blockade and for acts of economic sabotage which have died actually over the years.
  • There are claims on both sides that have been articulated in the past.

Guest – Attorney Michael Krinsky, has been practicing law for forty-five years. For three decades, he has led the Firm’s representation of Cuba and other foreign governments, and their agencies and enterprises, as well as the Firm’s practice in the area of U.S. embargoes and export controls. Mr. Krinsky graduated from the University of Chicago’s College in 1965 and its Law School in 1968. After working with the American Civil Liberties Union in Newark, New Jersey, he joined the Firm in 1971.

——

nws-garner- eric_garner

NYPD Unions Respond To Police Shootings, Says Protests At Fault

In the wake of the killing of two NYPD officers, a rift has widened amid police unions and the mayor of New York City. The New York City Police Benevolent Association Officers has suggested that the recent demonstrations against police misconduct and police violence have played a role in the execution style murders. To discuss the rhetoric from the police union and the tabloid media, we’re joined by attorney Jonathan Moore.

Attorney Jonathan Moore:

  • It is a critical moment here in New York City and around the country on the issue of dealing with over aggressive policing and the militarization of police, I think they go hand in hand.
  • We’ve been fighting this battle in New York for at least 15 years going back to the killing of Amadu Diallo and litigated the stop and frisk cases until the end of last year in to this year.
  • Police unions have been an absolute impediment to any reform of the police department in the city of New York over the last several years.
  • The union of that police department doesn’t reflect the membership anymore. The police department is close to being majority minority. Patrick Lynch is the vestiges of the old guard who never saw a police officer who did anything wrong.
  • The overwhelming majority of these protests have been peaceful and law abiding. They have not been about calling for the death of police officers. They’ve been about calling for fair bias-free, constitutional policing.
  • To use the death of these two officers as an attempt to stifle what as you say is growing mass movement, that hasn’t been seen in many years, is unfortunate and should be resisted.
  • I’m glad that people are out there, these are important issues.
  • The daily use of excessive force that goes on in many communities is never registered, never gathered by the police department. That’s a problem.
  • The systemic problem is a culture within the New York City police department that has adopted an us against them mentality.
  • There has to be a cultural change within the police department.
  • In 2011, the police department was doing close to 700 thousand stops and frisks a year. The fear was that if you impeded the stop and frisks in the way they were doing it. We of course they were doing it based on race, and the federal court found that.
  • Their alarmist response was if we stop doing stop and frisk, the crime rate will soar.
  • They did 50 thousand stop and frisks this year, that’s down 650 thousand. That’s because they made a change. They stopped imposing quotas on police officers.
  • By the way, on the pace of doing 50 thousand this year, and crime is still going down.
  • What does that tell you. It tells you for all these years, they were unnecessarily harassing and stopping and frisking, young black men and young Hispanic men, mostly in our communities for no good reason.
  • These unions blindly defend officers when they engage in misconduct and that hurts all police officers, all correction officers.
  • In an organization like the NYPD of 35 thousand sworn officers, there are going to be people who don’t do what they should do. They should be rooted out and removed from the police department.

Guest – Attorney Jonathan Moore, is a civil rights lawyer known for his work in the stop and frisk suit against the city and representing 3 of the 5 wrongly convicted men in the Central Park jogger case in 1989. He is now representing the family of Eric Garner, a father of six who died from a police choke hold.

—————————————————

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic (link is fixed). This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.

 

Law and Disorder December 22, 2014

Updates:

cubanfive3 cubanfive2

New Cuba-U.S.A. Pact And Remaining Cuban Five Prisoners Released

Attorney Michael Ratner:

  • We’ve been covering this case for years on here. They were wrongfully convicted. They had been sent into Miami to stop Miami-Cuban terrorism against Cuba.
  • The U.S. in a vindictive prosecution had sentenced them for many years, in fact one of them was sentenced to life in prison for conspiracy to commit espionage I think.
  • It’s all part of a larger picture of what’s going on.
  • Cuba in what’s not considered an exchange, of course obviously, released Alan Gross.
  • Obama within limits sounds like he’s going to open relations within a certain way with Cuba and open an embassy in Cuba and Cuba, one in the United States.
  • It’s amazing moment, the revolution took place in 1959, so that’s only 55 years ago approx, the embargo has been in effect since 1961. It’s still in effect of course but this is a really major moment.
  • Attorney Len Weinglass would take 1 or 2 cases at a time, work on them like a dog, whether it was Mumia or in this case the Cuban Five and put every piece, every part of his life into it.

——

Attorney Heidi Boghosian:

  • In the U.S. we continue to see the news portraying the five as spies when like you said they were really here to uncover unlawful activities on the part of the U.S government.
  • They handed over files to the FBI, they were very forthright with the information they gathered.
  • We also know from our interviews with attorney Mara Verheyden-Hilliard and Gloria LaRiva that the U.S. has been paying journalists in Miami to report negatively on the case of the Cuban Five and were doing so at the time of their trial.
  • One of the lawyers we used to interview on this show and a close friend of ours Lenny Weinglass who passed away a couple of years ago was the main lawyer for the Cuban Five. It then became Martin Garbus who carried on the case in an extraordinary way, and I think that all of their work and all of the work of the Committee to Free the Cuban Five has led to result that I think would have been unforeseeable 20 years ago.

——

Civil Forfeiture Cases Follow Up

Michael Ratner Commends Dean of Columbia Law School Canceling Exams Allowing Option To Protest

International Criminal Court: Possible Prosecutions From U.S. Torture In Afghanistan

Happy Birthday Chelsea Manning

ECCHR Calls For 13 CIA Agents To Be Extradited To Germany

ECCHR Complaint Against Bush Era Architects Of Torture

Attorney Michael Ratner:

  • It’s taking the Senate Report they did on detention and going further and saying now we actually have evidence from one of the branches of government admitting that the CIA engaged in this incredibly awful program of torture.
  • Wolfgang Kaleck says there are about 500 CIA agents that should be quaking in their boots about traveling to Europe.

——

lordsofsecrecy report1a

Senate Intelligence Committee Torture Report: Attorney Scott Horton

Guantanamo suicides, CIA interrogation techniques, CIA ordered physicians who violate the Hippocratic oath, are topics of some recent articles by returning guest attorney Scott Horton. Last month, he was on Democracy Now to debate former CIA General Counsel John Rizzo on the question of declassifying a Senate Select Committee on Intelligence report about the agency’s secret detention and interrogation programs. His book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy will be published January 2015.

Attorney Scott Horton:

  • I think the results flow directly from the media coverage (ABC poll on Torture report)
  • Now major publications and broadcasters that hedged using the word torture have stopped doing that. There are only a handful of media sources that won’t do it. NPR being one of them.
  • The media also presents roughly twice as much time devoted to people justifying the use of torture techniques to those criticizing it.
  • Barack Obama who should lead the push back has gone completely silent. It’s beyond silent he talked about “tortured some folks” making it very casual, and then he said the torturers were patriots.
  • I thought it was electrifying reading. 90 percent of it I’ve heard about before and still when you read them in this clinical, plain, highly factual style and things were developed with a continuous flow with lots of background in decision making in Washington at the top and how all this effected what happened on the ground.
  • As a consumer of Congressional reports this probably the single most impressive Congressional oversight report I’ve ever seen.
  • It’s an excellent example of what the oversight committee should be doing all the time.
  • They’re doing this with respect to a program which was essentially or very largely wrapped up by October 2006.
  • We’re talking about 8 1/2 years ago.
  • They’re only able to do this kind of review in any depth when its historical, not when its real time oversight, that’s disappointing.
  • One thing that emerges from looking at these reports and the military reports is that there is a huge black hole which has never been fully developed and explored and that’s JSOC, its the military intelligence side.
  • That escaped review within the DOD process and it escaped review in CIA process and its clear that there’s a huge amount there.
  • I certainly don’t expect prosecutions to emerge for the next couple of years in the United States, but I see a process setting in that may eventually lead to prosecutions.
  • On the one hand we’re seeing a dangerous deterioration in relations with Russia, is an aggressor, which has seized territory in the heart of Europe, is waging a thinly veiled war on one of its neighbors. That is very unnerving to the major NATO powers.
  • On the other hand there’s never been a period in the history of the alliance when there is so much upset at the United States.
  • That’s come largely from the rise of the surveillance state and the role of the NSA.
  • I was looking at this report, and we know that in 2006, there was an internal review that led the CIA to conclude that these interrogation techniques were ineffective and the CIA internally decided to seek a large part of the authority for EIT’s and operation of black sites rescinded.
  • Another thing that’s very important here from this report, it tells us that Michael Hayden, George Tenant, Porter Goss and other very senior people at the CIA repeatedly intervened to block any form of punishment of people who are involved with torture and running the black sites.
  • That’s important because of the legal document Command Responsibility. The law says when command authority makes a decision not to prosecute and immunize people involved with torture and abuse, that results in the culpability of these crimes migrating up the chain of command.
  • I interviewed CIA agents who were involved in this program, and they told me they’ve all been brought out by legal counsels office and told – they may not leave the country.
  • That means you’ve got roughly 150 CIA agents, including many people near the top of the agency who can’t travel right now.
  • Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy

Guest – Scott Horton, human rights lawyer and contributing editor to Harper’s Magazine. Scott’s column – No Comment. He graduated Texas Law School in Austin with a JD and was a partner in a large New York law firm, Patterson Belknap Webb & Tyler. His new book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy.

————————————————————————-

 

Law and Disorder December 15, 2014

report1a cia-black-sites

The Senate Intelligence Committee’s Report On CIA’s Detention & Interrogation

Attorney Michael Ratner:

  • The Senate Committee on Intelligence started the investigation in 2007 after 92 tapes of water-boarding were destroyed by the CIA.
  • That’s where the investigation began. In 2009, the Senate Committee still controlled by the Democrats spent 4 years going through millions of documents at a high cost to try and come out with a report on the CIA’s role on what they called detention and interrogation program.
  • After 4 years they came out with a 6,700 in 2012 and they decided only to release the executive summary.
  • Obama himself actually supported having more and more redactions.
  • The redactions are stupid. Everybody knows in my field knows that Cobalt refers to what’s called the salt pit in Afghanistan which is a CIA run detention facility north of Kabal, or torture facility.
  • Even if lives were saved its flatly illegal. You can’t kill a millions civilians because you want to save some of your soldiers.
  • In the report they said that the CIA said before 911 that torture doesn’t work, its not effective.
  • What Marnia Lazreg said in her book about torture in Algeria – she said it wasn’t really about information and it was about a macho empire that was in decline.
  • What are you saying here – except this is about torturing Muslims, its about empire, and its about telling the world – you fall into our hands, we’re going to torture you.
  • What they did was on the highest levels of the CIA, they went to places like the New York Times and the Washington Post and they wanted to be identified as a high level official and they leaked the stories of what they were doing in a way that would give them credit for it.
  • I’m not hopeless about prosecutions, maybe not here, but somewhere in the world these people will be held accountable.
  • This is only talking about what the CIA did at 9 dark sites around the world. The point I want to make is that there was torture going on at other places.
  • 700 people went through Guantanamo, that’s the Rumsfeld techniques. Torture at Abu Gharib, torture at other U.S. prisons.
  • We’re talking about a very small subset of U.S. torture.
  • CIA sited Israeli Supreme Court ruling to justify torture. The Israeli ruling is that you can’t use torture except where there’s no other available means to prevent harm to other people.
  • There’s no such thing as a ticking time bomb scenario that allows you to use it (torture)
  • Go to CCRJustice.org, sign the petition

Attorney Michael Smith:

  • The lying was more than I thought. The brutality was more than I thought. The corruption was more than I thought.
  • On the lying, the report says no lives were saved as consequence to this program. We knew about water boarding but we didn’t know about rectal feeding or rectal hydration, where they left one man with a prolapsed rectum which means its hanging out.
  • We didn’t know about killing people by chaining them to the floor in a cold room and dousing them with water.
  • This program was run by 2 amateur psychologists, who didn’t know anything about Arab culture, who didn’t know anything about interrogation.
  • They set up a corporation and the government gave them 81 million of our dollars to run this thing from 2001 to 2007, if you do the numbers these guys probably made 5 million dollars a year, less expenses.
  • This is the most violent country in the world. The CIA is the epitome of this. Torture is illegal under American law, under international law. People who do it should be prosecuted.
  • People who authorize it should be prosecuted, and there’s no talk about that.

Attorney Heidi Boghosian:

  • My number one take away is something we’ve been covering for years is that no actionable intelligence came out as a result of these heinous practices.
  • What also offends me greatly is hearing George W. Bush’s response that anyone who buys into this report or gives in credence, is somehow unpatriotic which fits into the whole propaganda that we’ve been fed, that questioning anything the government does, is an offense or an affront.
  • These companies are profiting from torture.

——–

 eric_garner_choke dan-donovan2

Eric Garner’s Public Defender Says Cops and Prosecutors “Are a Team in Every Case”

A recent Vanity Fair article titled Eric Garner’s Public Defender Says Cops and Prosecutors “Are a Team in Every Case” exposes the secrecy and conflicts of interest within investigations of police violence and how seven of the ten most-sued police officers of the 35,000-member New York Police Department happen to be in Staten Island. The article was written by attorneys Bina Ahmad, Joseph Doyle, and Michael Rooney public defenders in Staten Island with The Legal Aid Society. We also get a look inside grand jury proceedings and the often bias investigation from district attorney’s offices when looking into police wrongdoing. What steps are needed to structure fair court proceedings in these cases?

Attorney Bina Ahmad:

  • Seven of the ten most-sued police officers of the 35,000-member New York Police Department happen to be in Staten Island.
  • They still work there, they still testify in court, swear under oath, they’re telling the truth, they’re still violating our clients rights with impunity left and right, commit violent acts against them.
  • The disparate treatment, of not only of the way our clients of color are treated, in a much more brutal way, but also in the way they’re charged and the plea offers that they’re given is very stark and very discriminatory in my mind.
  • Many of us here at Legal Aid and other criminal defense attorneys around the city   . . . we try to get the personnel records of officers who have been accused of brutality or violating people’s Constitutional rights, and (see) what they’ve been disciplined for within the NYPD.
  • Abuses include – strip searching people on the street, full cavity search for people on routine stops, brutalizing people for not complying with a simple order.
  • A few colleagues of mine had represented him (Eric Garner) in the past. Attorney Joseph Doyle was working to take a case to trial for him. A lot of people knew Eric Garner, and they called him the “gentle giant.” A large man, but known to be gentle and sweet, father of six.
  • When the news came out that he was killed, it was incredibly difficult for us. Not only for us but for our clients.
  • To task a local D.A’s office to prosecute one of their own, a local member of the local police department, particularly in such a small borough, you’re expecting them to prosecute a member of their own member of their team.
  • Every judge knows they have to recuse themselves from a case if they have a relationship with any of the parties involved.
  • With the D.A. they don’t have that obligation. They work on cases together. They prep them for testifying at trial to be a prosecution witness.
  • Choke holds were banned as a practice a while ago as part of police protocol. The fact that a police used one was a violation of police protocol.
  • We are not allowed in the grand jury room for any moment except for if your client chooses to testify. If our client chooses to testify, we can’t protect them at all.
  • They take the stand, they’re cross examined by the D.A. Everything they say can and will be used against them later.
  • The D.A. control everything, the narrative, what evidence is shown, what witness testifies, what questions the witness is asked.
  • It would be up to the grand jury to feel empowered to ask more questions.
  • Any eye witness that would come in as a prosecution witness, where they’re supposed to be getting an indictment on a cop. They’ll be testifying for the prosecution but what we’ve seen in these minutes is the way the district attorney these prosecution witnesses – they’re acting like they’re cross examining them.
  • They’re actually trying to break down their testimony or poke holes in their testimony.
  • They suddenly become a defense attorney when the cop is on the line.

Guest – Attorney Bina Ahmad,  staff attorney in the criminal defense practice department of the Legal Aid Society and National Vice President of the National Lawyers Guild.

——–

garner-crowds2 garner-protest2

Foley Square Demonstration: Voices From The Protest

We hear some of the voices of demonstrators assembling at Foley Square during the first protest against the grand jury decision failing to indict those officers responsible for choking Eric Garner to death.

————————————————————————————————-

Donate now!

Please help support Law and Disorder by clicking on Fractured Atlas graphic (link is fixed). This radio show is now a sponsored project of Fractured Atlas, a non-profit arts service organization. Contributions for the charitable purposes of Law and Disorder must be made payable to Fractured Atlas only and are tax-deductible to the extent permitted by law. You can donate as little as 5.00 a month.