Law and Disorder October 31, 2011

Updates:

  • UN Votes 186-2 To Lift Cuba Embargo – US and Israel
  • Anxiety Over Economy: Concentration Of Wealth Seen As Key Issue At A Volatile Time
  • OWS Albany Arrest Controversy

Occupy Des Moines Arrests

Police abuse of authority including excessive use of force are on the increase as more Occupy movements around the country are forced to disperse. Last week, 37 demonstrators were arrested in Des Moines, Iowa when 24 state troopers closed in on the Occupy movement there, arbitrarily enforcing curfew in a local park.  Still more people were arrested in the downtown area that same night. While capturing his friend being pepper sprayed in the face on video, and then arrested, an officer directed Justin Norman to back off the sidewalk into another area. Justin was then arrested for trespassing and interfering with official acts. The officer grabbed his camera, but other protesters were able to wrestle it away from him.

Justin Norman:

  • There’s an 11:00 PM curfew at the park that’s normally not enforced. Some of the people said they would walk their dogs in the park after 11:00 and no one cared. The Iowa State Patrol brought out about 24 state troopers.
  • I was down there doing some video taping. The protesters began to sit as the police approached.
  • The police began to be strangely brutal with some of the protesters.
  • One of the leaders of the chant was asked if would like to be arrested or go. He said he would go. As he was leaving they shoved him on the ground and cut open his knees.
  • They dragged him off to a police van anyway. Another person was shoved to the ground, the state trooper stepped on his head and struck him the face multiple times.
  • Another guy I believe is a ten year Air Force veteran, was refusing to leave the park, arms linked with another protester, in response, one of the state troopers maced him in the face.
  • I was videotaping him from the edge of the sidewalk, the state trooper told me to step back, back into the park.  I’m about 20 feet from the trooper and he’s still telling me to move back.
  • He tells me if I don’t continue to move back, I’m going to be charged with interference and trespassing.
  • They arrested me and tried to take my camera. They took the camera and I yelled out to one of my friends and ran up and tore the camera out of the troopers hands.
  • I do a demonstration against torture on a regular basis in west Des Moines.
  • People got a bit frightened by the police brutality they witnessed and they decided to apply for a permit in the park. They stayed there for about 3 days, the permit expired in 3 days.

Guest – Justin Norman, activist who has filmed police misconduct, including recent raid on OWS movement in Des Moines, Iowa.

Guantanamo Murder Case: Al-Zahrani v. Rumsfeld

Last week, Center for Constitutional Rights attorney Pardiss Kebriaei present oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit in the case of Al-Zahrani v. Rumsfeld. The case is a civil action filed on behalf of two men who died at Guantanamo Bay Prison in June 2006. There deaths, highly questionable and last year, four soldiers came forward with eye-witness accounts suggesting a cover up of the cause of the deaths and that they may have killed at a black site in Guantanamo.  The military has maintained that the deaths were suicides, having once famously called them “acts of asymmetrical warfare.”  Also, CCR attorneys have pointed to other documented examples of deaths and killings covered-up by the military in the recent past, including the falsification of records in the death of former football player Pat Tillman and the premeditated murders of Afghan civilians by members of the Army’s Bravo Company.  Our own Michael Ratner has recently returned from Norway after meeting with family members of one of the men.  Scott Horton article

Attorney Pardiss Kebriaei:

  • This case is on behalf of the families of 2 of the 3 who died in June 2006. They were high profile deaths, the military came out immediately and said they were suicides that the men had died from creating nooses from bed sheets and hung themselves in their room.
  • Then there were offensive remarks made by government spokespeople, they called them asymmetric warfare.
  • They saw this as an attack, the fact that these men for having taking their own lives, from having been detained without charge in solitary confinement for 4 years, as an attack on the US government.
  • They were characterized as a good PR move. These were military and Department of State spokespeople.
  • Yasir was 17, he was from Saudi Arabia, he was, almost like everyone there not charged, held for almost 4 years. He was apparently a long time hunger striker.
  • Along with the torture and solitary they were subjected to in terms of their condition, just the torture they were subjected to in general, they were forced into restraint chairs. Restrained at five points, their forehead, shoulders wrists and ankles, had a tube inserted up their nose and a liter of fluid pumped into their stomachs.
  • In 2008 from a Freedom of Information Act litigation, the government was finally compelled to produced its information, investigation into these deaths.  Supporting the claim that the deaths were suicides.
  • Our clients were really disadvantaged to find out what’s really going on. I don’t think they believed these were suicides.
  • The case was dismissed because the case raised special factors of national security and the military and foreign policy that were issues that were within the realm of political branches and basically not the business of courts to interfere in.
  • It’s not enough to criticize the administrations anymore because the courts are accepting those arguments.
  • If you’re DC, the district courts and the circuit courts in particular have been accepting those arguments.
  • In 2010, 4 soldiers stationed at Guantanamo at the time came forward with eye witness accounts and were actually on duty on the night of the deaths.
  • One of the soldiers came forward with direct evidence of a cover up of the actual cause the deaths.  They were transported to “Camp No”
  • Hickman reported hearing screams for Camp No. They reported seeing plain clothes officers sometimes going there. It was thought to be a site possibly run by the CIA or used by the CIA or Joint Special Operations Command forces of the military who are again, not accountable.
  • The disdain from the DC Circuit Court for this case and every case coming out of Guantanamo was absolutely evident from the moment I opened my mouth.

Guest – Attorney Pardiss Kebriaei, she joined the Center Constitutional Rights in July 2007. Since then, her work has focused on representing men detained at Guantánamo Bay in their habeas corpus challenges, before international human rights tribunals, in diplomatic advocacy with foreign governments to secure resettlement for men who cannot return home, and in post-release reintegration efforts. Her clients have included men from Yemen, Syria, Algeria, and Afghanistan. Her work includes seeking accountability for torture and arbitrary detention at Guantánamo.

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Law and Disorder October 10, 2011

Updates:

Saul Landau – Will the Real Terrorist Please Stand Up

We welcome back internationally known scholar and film maker, Saul Landau. We talk with Saul about his recent article, A Judge Grants Dubious Probation and his film, Will the Real Terrorist Please Stand Up? In his article, Saul writes about the release of Cuban Five member Rene Gonzalez who was released on parole in Miami for 3 years. Miami isn’t a good place for an admitted Cuban agent, Saul writes, and he’s a man who infiltrated the anti-Castro Brothers to the Rescue; his life would be in danger from Cuban exile terrorist groups.  Earlier this year, Gonzalez had asked the court to allow him to return to Cuba where his family lives.  As many listeners may remember the Cuban Five are five Cuban men who are in U.S. prison, serving four life sentences and 75 years collectively after being wrongly convicted in U.S. federal court. They were accused of committing espionage conspiracy against the United States.

Saul Landau:

  • The classification of terrorist fall into 3 categories.  The good, the bad and the crazy.
  • The good terrorists are freedom fighters. Those are people still walking around Miami because they’ve directed their violence against Cuba, who is a bad guy.
  • Then there are the bad terrorists and of course they’re all Muslims. Then there are the other terrorists who are neither good or bad, simply crazy like the guy who did the Oklahoma City bombing and this Norwegian guy who did this massacre.
  • The idea in the film “Will The Real Terrorist Please Stand Up” is that people don’t know what the Cuban Revolution was and they don’t much about US policy. Ironically, Cuba is now showing this film in their high schools having found out their own students are ignorant about their own history.
  • Cuba had very little recourse over terrorism for decades, other than to infiltrate the groups that were planning violence against Cuba and try therefore to impede their terrorist actions.
  • The Cuban Five were looking for information that would help them stop bombings in Cuba.
  • They were spying on Cuban exile groups that were based in south Florida.
  • When the Soviets went away in 1991, Cuba had very little recourse in terms of economic survival other than tourism. As she began to get her tourism revved up, so to did the Cuban exiles in Miami start to level their guns; deterring tourists from going.
  • Posada Carriles: We have interviews of him in the film, and of course he denies he did any of it in the New York Times.
  • He gets honored, he got the keys to Hialeah, Florida for doing things he denies he has done. If he hasn’t done all these things, why would they honor him?
  • Posada Carriles and Orlando Bosch hired two Venezuelans to plant bombs in an airplane bathroom, which would go off after the two bombers left the plane.
  • The Venezuelans confessed they were hired by Posada and Orlando. The Venezuelan police arrested them. They both got out for weird reasons. Posada escaped with the help of a 50 thousand dollar bribe to the warden of the prison.
  • When Posada got out he went to work for Col. Oliver North. His next job was financed by the Cuban American National Foundation, which was the heart of the anti-Castro lobby. Orlando Bosch died after getting honored at the University of Miami.  Orlando Bosch was pardoned by George HW Bush.
  • Rene Gonzales: Essentially she’s put a bulls eye on his chest.
  • After the United States assassinates a U.S. citizen abroad because it is said he planning terrorist acts against the United States. Under that precedent would Cuba not have the same right to send assassins into Miami and gun a whole bunch of people who are Cuban citizens in the United States who are plotting against Cuba?
  • People can screen the film at CinemaLibreStudio.com

Guest – Saul Landau, a senior fellow at the Institute for Policy Studies at the Berkeley Graduate School of Journalism, has produced more than 40 films in his career, most concerned with human rights. His latest documents 50 years of US-Cuba relations in which violent Cuban exiles–backed by the CIA–tried to dislodge Cuba’s government, and of five Cuban spies, now in US prisons, who tried to stop this US-sponsored terrorism.

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Occupy Wall Street: Liberty Square, New York City

We go now to hear a wide range of voices from One Liberty Plaza at the Occupy Wall Street encampment.  During these interviews, the Occupy Wall Street movement remained a collective with people of many political persuasions.  In this early period of  austerity measures, they call themselves the 99% that will no longer tolerate the greed and corruption of the 1% and claim they’re using the revolutionary Arab Spring strategy to achieve results and encourage the use of nonviolence and civil disobedience.

Our own Heidi Boghosian spoke with activists, union workers, a lawyer and many more about where the movement is going, the support for it and a focus on demands such as pushing for the redistribution of wealth from the top 1 percent of Americans.

 

Law and Disorder September 19, 2011

 Updates:

Medical Professionals Complicit In US Torture Policy

As many listeners know, health professionals were front and center and complicit in the US policy of torture. The torturers relied heavily on medical opinion. Medical professionals provided sanitizing and rationalization for the infamous torture memos. During water boarding procedures, a doctor would be present.  Psychologists were directly involved in the supervision, design and execution of torture at US military and intelligence facilities. This is a violation of state laws and professional ethics. These “health professionals” that were involved with torture still hold their professional licenses to practice.  Meanwhile a legal battle continues against the Louisiana Psychology Board for refusing to investigate professional misconduct allegations against Dr. Larry James.  He’s a retired US Army Colonel and high ranking adviser on interrogations for the US military in Guantanamo Bay.

We talk more about this case and the breach of ethics in the medical profession since 9/11 with Dr. Stephen Soldz, former president of Psychologists for Social Responsibility. Stephen is a psychologist, psychoanalyst and public health researcher in Boston, he is also co-author of PHR’s report in Experiments in Torture.

Stephen Soldz :

  • Psychologists played a central role, there were 2 professions, one was lawyers, the other less well known was psychologists.  It turns out that it was psychologists that designed and implemented, the enhanced interrogation torture program, who monitored it, who trained others in it and who researched it and provided all the legal protection.
  • It’s believed that it was psychologist James Mitchell who was present there, who was in charge.
  • There’s the CIA program that was for so called high value detainees in CIA custody in various secret prisons called black sites.  This is where the psychologists were central, they designed the whole thing.
  • There was a black site at Guantanamo where a few people were held at various points.
  • Guantanamo was technically under the military control, not CIA control.
  • The CIA: like I said the psychologists designed this stuff, it was quite brutal. Forcing people to stand, shackling them up, with their arms out, naked in cold air. For 7 days at a time.
  • Being forced to stand day after day is extraordinarily painful. Think about having to do that without using the toilet, with liquid food being forced into you. They at times used small boxes where a person could neither stand or sit.
  • The boxes were banged on at times, they would throw people against walls, with special devices around their neck supposedly to protect them from permanent damage.  There were various slaps that were authorized.
  • The American Psychology Association has an ethics code and its binding on all members.  Not all psychologists are members, but all the states base their own ethics code for licensed psychologists upon that of the APA, some mandate it exactly some adopt their own.
  • The CIA and military insist that the psychologists that do this stuff be licensed by the state.
  • Many of them are APA, so the APA ethics are intimately involved here.
  • The APA equivocated and formed a task force. They said that psychologists had an obligation to keep interrogations, safe legal and effective. This language it turns out was taken from the Bush torture memos at the Justice Department. The task force was dominated by the military.
  • They claim to be resolutely against torture, they make statement after statement. Psychologists shouldn’t be safety officers.
  • In all 3 states, lawyers have joined my colleagues to force the APA board to do their job. The board doesn’t have the leeway to dismiss claims of torture without clearly investigating them.
  • Larry James was a Biscuit 1 and later served at Abu Ghraib after the scandals there, he claims to have been the person who cleaned it up.
  • He admits that he observed abuse by other people and didn’t report it to the commanders.
  • He’s now out of the military and the Dean of the School of Psychology at Wright State University in Ohio.
  • It’s rather sad, instead investigating what did or did not happen, they attack those who raise issues about Colonel James.
  •  Physicians For Human Rights / When Healers Harm

Guest – former President of Psychologists for Social Responsibility, Stephen Soldz is a psychologist, psychoanalyst, and public health researcher in Boston, and was a co-author of PHR’s report Experiments in Torture. He is the Director of the Center for Research, Evaluation, and Program Development at the Boston Graduate School of Psychoanalysis. He was Adjunct Assistant Professor of Psychology (Psychiatry) at Harvard Medical School, and has taught at the University of Massachusetts Boston, Boston College, and Boston University.

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Guantanamo Bay and Offshore Prisons

The Obama Administration has allowed the Bush policy to continue allowing for the practice of torture, rendition and secret prisons to continue.  We talk about the ongoing practice of torture, secret sites and Guantanamo Bay. There are 3 groups at Guantanamo, the first is 2 dozen that are genuinely Al Qaeda. The second group shouldn’t have been there in first place, around 200 of them will be sent home. The third group are refugees who are from countries with horrible human rights records.

Attorney Vince Warren:

  • What role do the people play in order to stop this? (wars) We are at war to make war is what the public has bought into. By using the war paradigm, the president seized power that belonged to Congress, seized power that belonged to the Courts and seized power that belonged to the people.
  • You can’t be at war with the “concept” of terror.
  • Prior to 9-11 when terrorism would happen. There was an investigation, an indictment, prosecution and if there was a case, they were to be convicted.
  • As of 2011, more people in Guantanamo have died than have been referred for criminal charges.
  • We shouldn’t fool ourselves into thinking that this was a genuine reaction to a tragic event.
  • This aggressive war(s) that are based on lies, without any legitimate security threat, is a crime.
  • The other piece since 9-11 is the interesting double speak.  Torture and aggressive war become justifications since 9-11.
  • The Bush Justice Department said that the law simply does not just apply to the President, when he’s acting as Commander In Chief.  It doesn’t matter if Congress passed a law that we expect the President to be bound, the Justice Department said he could ignore it if it didn’t fit in to what he wanted to do.
  • That led to the Bush lawyers counseling him that he could ignore a law that said torture was illegal or could ignore a law that says the government can’t wiretap without a warrant.
  • President Obama talked very big about ending torture and about ending these policies.
  • What is happening now in the United States is that local police forces, immigration forces, private contractors are colluding and conspiring to infiltrate political movements and largely peaceful political movements.
  • – in order to “uproot the terrorist.”
  • Course there are no terrorists there, what there are are people who have a very vibrant and credible claim.
  • Myself and a number of other human rights people went to a meeting with President Obama in May 2009.  I was shocked at how President Obama completely understood the legal issues we were raising.
  • The very next day he essentially came out with a preventive detention scheme. An indefinite detention scheme in Guantanamo.
  • What really troubled me is that he knows. He knows precisely what the right thing to do is.
  • This thing is not going to fix itself. CCR Facebook – Twitter @theCCR

Guest – Attorney Vince Warren, Executive Director of the Center for Constitutional Rights,  a national legal and educational organization dedicated to advancing and defending the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Vince oversees CCR’s groundbreaking litigation and advocacy work which includes using international and domestic law to hold corporations and government officials accountable for human rights abuses; challenging racial, gender and LGBT injustice; and combating the illegal expansion of U.S. presidential power and policies such as illegal detention at Guantanamo, rendition and torture.

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Law and Disorder September 12, 2011

Updates:

The State of Perpetual War

Since September 11, 2001 the US global war on terror has reached beyond Afghanistan and Iraq.  The US constructed the largest embassy ever in Baghdad to control the resources of Iraq.  Meanwhile strikes against Pakistan, Yemen, and Somalia, led an air war against Libya without any Congressional authorization continue as pointed out by author Anthony Arnove.  In his article titled  The 10th Anniversary of 9/11 Arnove describes US foreign policy of preventive war and how the US continues to  use drone strikes against Pakistan, Yemen and Somalia.  Now other countries are adopting the preventive war idea to fight (quote) terrorism. Today, the Obama Adminstration has gone beyond the Bush policies as trillions are spent on perpetual war while schools, health care and social needs crumble.

Anthony Arnove:

  • 911 was seized upon by the Bush Administration as an opportunity.  Condoleezza Rice specifically used the word opportunity to describe the geo-political shifts that she saw occurring in the wake of 9-11.
  • We’ve seen the invasion of Iraq, the invasion of Afghanistan, covert operations and Arab bombardment of dozens of countries. There’s an estimate now that this year the US will be operating in 120 countries in some capacity through use of commandos.
  • You’ve seen increased troop levels in Afghanistan so that even with the current so called draw down of the troops in Afghanistan, even with the reductions that are currently being undertaken, we’re still going to be ahead of the number of troops that were in Afghanistan at the end of the Bush Administration.
  • Withdrawal, the word no longer has any meaning. It actually means slight reduction of troops after they’ve been increased.
  • There are 46 thousand active duty troops in Iraq. The claim is that those 46 thousand will leave at the end of 2011 after an agreement reached under pressure from social movements in Iraq.
  • Then you look at the military installations that scatter the country, they’re not going to walk away from that easily.
  • In Afghanistan, they’re literally talking about dates as far as 2024 in terms of troops on the ground involved in a number of capacities.
  • I think Libya is truly an opportunistic action by the United States concerned its losing control in the middle east. You’ve had uprisings and revolutions that have toppled governments aligned with the United States.
  • The US has been so contemptuous of the freedoms of people around the world. So contemptuous of democracy, so contemptuous of people fighting for self determination.
  • So contemptuous of nationalist movements that would have put resources into the control of the people.
  • The actions of the Bush Administration and now Obama have only made us more hated, and made the world more dangerous.
  • They claim they’re making the world more safe, and protecting us. The reality is the opposite.
  • At least Barack Obama will be more responsive to social movements, we’ll be able to pressure him. It is clear that is not the case, there has been a demobilizing of sections of the anti-war movement who define the political horizons as the debate between the Republicans and Democrats.
  • The anti-war movement has been silenced.
  • The people who most vociferously supported invading Iraq, claimed there would be weapons of mass destruction, all of those things we now know to be lies, those people are regularly asked to be commentators on Iraq and Afghanistan.
  • Yet the people who got it right, saying this is what will happen if we invade, those people are never heard from.
  • The gap between what the elite are doing and what they are saying, and what is in their interest and the interest of ordinary people has never been wider.
  • On October 6, 2011, a number organizations have called for demonstrations in Washington DC and solidarity actions in other cities.  On October 15 actions have been called for by the United National Anti-War Coalition.  NationalPeaceConference.org

Guest – Editor and writer Anthony Arnove. He is best known for his books on Iraq and the Iraq War. Arnove is the author of the book Iraq: The Logic of Withdrawal, published in hardcover by the New Press and in paperback by Haymarket Books. Arnove toured the country promoting the book in spring 2006 as part of the New Press’ “End the War Tour”.

Arnove is also the editor of Iraq Under Siege, published by South End Press, the co-editor with Howard Zinn of Voices of a People’s History of the United States, published by Seven Stories Press, and the editor of The Essential Noam Chomsky, published by the New Press. He writes frequently for left-wing publications; he is a featured author at ZNet, a columnist for Socialist Worker, and on the editorial board of the International Socialist Review.


The Guantanamo Syndrome

Attorney Michael Ratner:

  • Pinochet’s Operation Condor was to round up opponents all over the world to torture and imprison them. This is now an American Operation Condor.
  • AUMF and Military Order #1 allow the administration to use drones around the world. This is the key piece of legislation. Out of the AUMF came military order # 1, November 13, 2001. The president can arrest anybody, they can be kept anywhere, American citizen or not.
  • From there flows the Guantanamo Syndrome. Habeas Corpus, a person who’s the prisoner of the executive can go to court and say put the executive on the defensive. Why am I being held? You have to have a legal basis.
  • After many years of litigation representing this incommunicado people at Guantanamo, we ended up representing their parents or relatives, because we couldn’t represent them, the Supreme Court finally said, it’s a Constitutional right to go to court to test your detention. They said that about the people in Guantanamo in particular, they didn’t say that about the people in Baghram or other places.
  • Once we won that right, the Bush Administration and the Obama Administration went into court and completely opposed that right having any meaning.  It is really an unrecognizable world from what we had ten years ago.

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Audio Collage

  • Surveillance State: The 51st State
  • Targeting Muslims Since 9-11

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Law and Disorder September 5, 2011

Updates:

Workers Win Large Settlement at Supplier to Chinese Restaurants After Hard Fought Campaign

A bitterly contested campaign against Pur Pac, a food distribution warehouse giant reached a settlement of 470 thousand dollars for workers who had their wages illegally withheld and more. The workers organized with Focus on the Food chain, Brandworkers and International Workers of the World to challenge sweatshop conditions, wage theft, retaliation and discrimination in the sprawling industrial corridor of food processing and distribution that service New York City markets and restaurants.  Daniel Gross, the executive director of Brandworkers said – quote – The conditions in the sector are deplorable and systemic but, as the Pur Pac workers have shown, positive workplace change can and will be won.”

Attorney Daniel Gross:

  • Pur Pac is typical of an industrial corridor of food processing and distribution warehouses that service a tremendous amount of food to restaurants and supermarkets in New York. Much of what we eat in restaurants is processed in sweatshops.
  • Pur Pac is a distributor of restaurant and food supplies to Chinese Restaurants, cafes and bakeries. They distribute huge quanitities of rice, cooking oil, chopsticks.
  • Sweatshop, tremendous amount of wage theft, hundreds of thousands of dollars. Vicious retaliation for workers who stand up for their rights, exhausting long shifts, very heavy work.
  • We facilitate worker led, comprehensive campaigns. The company used several tactics to avoid accountability here, the main approach that they used is they engaged in sham sales.
  • They would fraudulently transfer assets, rebrand the company. The company was originally called Easy Supply. Easy Supply escaped accountability by purporting to go out of business, now same factory, same trucks, same products was called Sunrise Plus. We caught up with Sunrise Plus and they engaged in another sham sale and that created Pur Pac.
  • We were also able to win a binding code of conduct, which creates very powerful protective mechanisms for collective activity, going forward.
  • We were able to win recognition for the IWW, as exclusive bargaining agent for Pur Pac workers. It was really the biggest victory for Focus On The Food Chain.
  • I was a low wage worker mostly in retail and fast food. I was working at Borders Books and Music and really felt the sting of a multi-national employer which at the time was highly profitable. It didn’t pay a fair wage, offered an insecure and unpredictable schedule.
  • It employed a management force that really showed tremendous disrespect for rank and file workers.
  • We had 44 Starbucks stores that were infested with rats and insects. We did worker-citizen journalism and we got photos and video of these rats and roaches, we inflated a huge, inflatable rat in front of the stores and shared our video and photographic evidence.
  • Starbucks is still engaged in really a scorched Earth effort, complete disrespect for the right to organize and free association.
  • The National Labor Relations Board (NLRB) is the administrative agency charged under federal with administering union management affairs. They have jurisdiction over cases under the National Labor Relations Act.
  • Mezonos Maven Bakery is a food production sweatshop. Mezonos Maven was cheating workers out of their wages, disrespecting workers, and the workers came together, they didn’t join a union but they came together with community groups, etc.  Mezonos Maven, started illegally firing workers.
  • When the workers stood up to the most basic worker’s rights, they were subjected to fierce immediate retaliation.

Guest – Attorney Daniel Gross, Executive Director of Brandworkers, a non-profit organization protecting and advancing the rights of retail and food employees.

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Federal Judge Rules Former Mayor Daley Can Be Sued For Alleged Torture Cover Up

We continue to bring updates on the ongoing police torture and abuse scandal revolving around former Chicago police commander Jon Burge. Recently, a federal judge has now ruled that former Chicago Mayor Richard Daley can be allowed to be kept in the lawsuit where he is charged with conspiracy to cover up police abuse and torture. As many listeners may know,  Burge has been sentenced to 4 and a half years in prison for obstruction of justice and lying about torturing prisoners to obtain coerced confessions. The People’s Law Office brought the case in 2005 and the city of Chicago refused to settle while pumping hundreds of thousands of dollars into the case.

In the beginning of September, attorney Flint Taylor will depose former mayor Richard Daley which will force him to answer questions about the abuse of African Americans under Burge’s command. This case has already cost Chicago taxpayers more than 43 million dollars in settlements and legal fees.  Past shows with Attorney Flint Taylor

Attorney Flint Taylor:

  • Daley was the state’s attorney for Cook County for eight years in the 80s during that time he was specifically informed of police torture.
  • Instead of doing anything about it and dealing with the torturers, Jon Burge and company, he continued to encourage it by prosecuting men who had been falsely arrested and charged based on tortured confessions sending as many of them to death row.
  • When he became mayor, he continued to have an active role in the cover up of the torture practice.
  • He had at various times as chief of law enforcement and chief executive of the city of Chicago, the power and obligation to act and if he did, we wouldn’t have had all these men on death row, and in the penitentiary and we wouldn’t have had all these men tortured.
  • We brought it several times in lawsuits starting in 2003. Judges had consistently turned their backs on that claim.
  • The new Chicago mayor Rahm Emmanuel who has successfully tip toed past this both in his campaign and now as the first 100 days of being mayor had to respond to it.
  • They’ve paid over 13 million dollars to defend these civil cases that we’re in.  We take the mayor at his word, and we hope this leads to settlements and compensation for the men who’ve been tortured.
  • There are six men who have lawsuits in court. Unfortunately because of statute of limitations most torture survivors don’t have lawsuits.
  • There are still 15 men behind bars in Illinois, based on tortured confessions that Jon Burge and the Area 2 torturers coerced from them.  We’re fighting to have them all get new hearings.
  • I don’t know if a Daley denial in some of the actions in this case would tantamount to perjury that Fitzgerald would be interested in.
  • There is a major memoranda that was sent from the police superintendent at that time to Daley, a kind of CYA saying “I’ve been giving this powerful evidence of torture from a doctor over at the county hospital.

Guest – Attorney Flint Taylor, a graduate of Brown University and Northwestern University School of Law and a founding partner of the Peoples Law Office. More bio

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Law and Disorder August 22, 2011

Updates:


Cruel Solitary Confinement In Pennsylvania Prisons

Earlier this year the National Lawyers Guild called on Superintendent Louis Folino to support the Program Review Board’s recommendation to release Russell Maroon Shoatz into the general prison population at SCI Greene in Waynesburg, Pennsylvania.

Jerome Coffey, a political prisoner currently being held in Pennsylvania’s SCI Forrest.  Jerome’s social work while in prison include sending clothes to villages in Uganda and to women prisoners in the Philippines. That work has labeled him an instigator and he’s been placed in solitary confinement for more than 5 and a half years.

Bret Grote:

  • The Human Rights Coalition was founded by state prisoners at the State Correctional Institution in Greene, Pennsylvania in 2000. The Pittsburgh chapter where I work was founded in 2006-2007.
  • The main mission of the Human Rights Coalition was to bring the voices of the most excluded from criminal, legal, criminal justice discussions, namely those of prisoners, their family members and effected communities.
  • We base our work in building relationships with prisoners and to bring support and advocacy to those most impacted by the prison system and that has led us straight into solitary confinements where people’s lives are being micro-managed down to the most minute details.
  • The justifications for solitary confinement shift from to another, it used to be based on escapes.  Now that Russell Maroon Shoatz is approaching his 70th birthday, they’re claiming its because of his past efforts of organizing hunger strikes, and they cite an incident where he was forced to defend himself against another prisoner.
  • In Maroon’s case he met with a prisoner mental health staff person because there was some movement towards releasing him from solitary confinement that ended up being blocked.
  • This staff person told him there was an allegation that he tried to organize an armed prison uprising in the 80’s. This has been following him around for over 25 years in his file, but he has not been able to challenge this because he was not informed of this at all.
  • He is not represented by legal counsel. He is ripe for representation under the 8th amendment clause of cruel and unusual punishment.
  • The prison authorities typical treatment for somebody who is the restrictive housing unit is a cursory interview at the cell, maybe once every 30 days with a staff worker, which is to say they’re not really giving them effective mental health treatment.
  • You spend 23 hours in the cell, maybe 24 if the guards don’t take you to yard or shower.
  • The things that one may witness on the whole are constant screaming, banging, and yelling and crying and cursing and talking to one’s self by prisoners who are psychologically disturbed.  According to the figures up to 2500 or 3000 prisoners can be in solitary confinement on any given day in Pennsylvania. The total prisoner population in Pennsylvania is 52 thousand.
  • We are constantly looking for serious and committed civil and human rights lawyers to work with us. We have a massive body of evidence.  The solitary confinement system is an invisible system inside of a larger invisible system of the prisons.

Guest – Bret Grote, law student and volunteer with the Human Rights Coalition, an organization bringing the voices of the most excluded from criminal, legal, criminal justice discussions, namely those of prisoners, their family members and effected communities.  The HRC works to build relationships with prisoners and  bring support and advocacy to those most impacted by the prison system.
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Andre Jacobs

Andre Jacobs is another Pennsylvania state prisoner in solitary confinement. Andre, a 27 year-old jailhouse lawyer, has been held in retaliatory solitary confinement for more than 8 years. In 2009, Andre was awarded 185 thousand dollars in a case against the Pennsylvania Department of Corrections, an action that has resulted in his being singled him out for abuse within the prison system. In January of this year, he was physically abused, issued death threats and denied medical treatment.

Liz Springer:

  • It’s been rough, there had been days where I thought he wasn’t going to make it. I thought I was going to get a call saying he was dead. I send him inspiration cards, and support him, send him some Bible verses to keep him strong.
  • There have been times he said to me, I can’t do it no longer, I can’t do it.
  • They were beatin’ him in the court room. They said he had an attitude and when he was leaving the court room, I witnessed them beating him, and I said, “I love you Andre.” He turned around and said “I love you too.”
  • They started beating him because they said he wasn’t supposed to speak to me.
  • He lost that case because the guards got on the stand and said he hurt one of the guard’s wrist.
  • He ended up with 18 years because of that. Lately he has a little hope.
  • He was strapped to a chair for 12 hours not being able to move anything but his head. Didn’t eat, had to go the bathroom and he just went.

Guest – Liz Springer, activist and the grandmother of Andre Jacobs.
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Russell Maroon Shoatz

As many listeners may know, former Black Panther Russell Shoatz has been in prison since 1972, and the past 21 of those years has been spent in solitary confinement.  He’s 67, his spirit unbroken and in addition to his record of good conduct, members of the Pennsylvania Prison Society who visit Mr. Shoatz regularly attest to his peaceful disposition.  Earlier this year the National Lawyers Guild called on Superintendent Louis Folino to support the Program Review Board’s recommendation to release Russell Maroon Shoatz into the general prison population at SCI Greene in Waynesburg, Pennsylvania. His daughter Theresa Shoatz joins us talk more about his advocacy work and life as a political prisoner.

Theresa Shoatz:

  • The solitary confinement has had the worst effect on us. Within the 39 years we was able to have contact visits.
  • The unit he’s in now, there’s no contact, you’re behind a glass when you visit.
  • He’s had grandchildren since that time, and he hasn’t touched the grandchildren either. Our family is dedicated to visiting him, every 3 months.
  • Russell Shoatz being known throughout the country.  I notice now, his conversations are laid back, he’s not as upbeat as he used to be.
  • He keeps stressing almost on our weekly calls, you gotta get me outta here.
  • They told me Daddy’s a leader, I said no, he’s a grandfather.  The Panthers didn’t say we want to battle the police. They said, we want to educate our youth, we want to feed them, we want to take control of our community. When it became war, and the Panthers were under attack, they said we got to protect ourselves.
  • That’s what happened, and of course, Daddy’s a political prisoner. He took a stand and stood on the front line for his people and his community.
  • I had a little attitude with him, I said why would you leave us, this was some years ago. He said,  (I did it for my people. How could I allow you to be raised in that type of system?) It hit me like a ton of bricks.
  • The guards, they called themselves the “wolfpack” when you’d see them comin, they would roll one pants leg all the up to the knee.
  • I went to Governor’s office, the Governor of Pennsylvania. I was on trains, back and forth.
  • It’s the same thing, when our people get in the streets and march, you really can’t do one march.
  • At SCI Greene, over 20 young men in their 20’s hung themselves there (lynching) within a short time of solitary confinement.
  • Daddy was constantly yelling to the guys, what to do. They come in strollin. Strollin down the solitary unit.
  • This prison bubble is going to burst. There are people fighting on all levels, this prison bubble is going to burst.
  • It’s going to end, we’re going to make sure of that.

Guest – Theresa Shoatz, daughter of political prisoner Russell Shoatz and activist with the Human Rights Coalition.

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