On this last day of 2007, Law and Disorder will look at the stories that have taken civil liberties in this country many steps in the wrong direction. We start with the question of impeachment, what happened, why it stalled, we’ll look at damaging supreme court decisions and draconian legislation that took large bite out of the right to free speech and dissent in this country.
Co-host Michael Ratner enumerates several key stories of torture in 2007, including the destruction of the CIA videotapes, the Mahar Arar case, and the confirmation of Attorney General Michael Mukasey who says he’s not certain if water-boarding is torture.
Law and Disorder hosts then talk about the recent Supreme Court arguments regarding the remaining Guantanamo Bay Cuba detainees and the horrible failure to restore habeas corpus. This case may determine once and for all whether there is a constitutional right to habeas corpus – that is, a fair hearing before a real court – for everyone detained by the U.S. government at Guantánamo.
Increases in surveillance powers were also on the list of wrong-turn stories this year, co-host Heidi Boghosian points out the legislation that extends the Foreign Intelligence Surveillance Act. In the wake of Congress approving a dramatic expansion of U.S. warrant-less wiretapping powers, the Center for Constitutional Rights has argued that the NSA’s program is unconstitutional and should be struck down. The argument in CCR v. Bush comes after Congress and the Bush administration passed the Protect America Act of 2007 which broadly expands the government’s power to spy on Americans without getting court approval.
The 5-4 ruling that race cannot be a factor in the assignment of children to public schools. Free speech not an option for students regarding (Bong Hits For Jesus).
Campaign Finance Reform – The Supreme Court has thrown out part of the McCain-Feingold campaign finance law that placed restrictions on corporations and unions from buying television ads close to elections
The citizens’ ability to challenge government violations of the separation of church and state, Hein v. Freedom from Religion Foundation 5-4, the Justices ruled that taxpayers do not have standing to challenge the White House program on federal aid to faith-based organizations.
“One of the country’s foremost defenders of human rights and civil liberties, Michael Ratner has led the fight to demand due process for Guantánamo detainees, adequate safeguards against intrusive government surveillance, and an end to torture and extraordinary rendition.”
Incarcerating 2.3 million people isn’t cheap. Paul Wright unearths astonishing facts on the private prison industry and it needs to maintain occupancy rates to make a profit. Prison Profiteers will tell you where your tax dollars are going as you help to bankroll the biggest prison machine the world has ever seen. Prison Profiteers was also written by Tara Herival, co-editor of Prison Nation.
37,000 Americans asked CCR to send a copy of the U.S. Constitution to George W. Bush as an early holiday present in the hope that he might actually read it. Santa made the trip down from the North Pole in his sleigh to try to deliver the law.
United Nations Torture Panel Says Taser Shock Is Torture – Hosts discuss numerous reports of taser-related deaths including the incident in Vancouver, B.C
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Palestinian Activist Sentenced to 11 Years in Prison
Here on Law and Disorder we’ve followed the pivotal moments in the Mohammed Salah case. Earlier this year, Salah was cleared of terrorism charges but recently convicted of lying about his ties to the Palestinian group Hamas. He faces nearly two years in prison. The sentence for a minor charge of obstruction of justice comes as a major setback for prosecutors who have spent a decade investigating charges that could have put Salah behind bars for life.
Recently however Abdelhaleem Ashqar was sentenced to 11 years, 3 months in prison for refusing to testify before a grand jury about activities of Hamas. U.S. District Judge Amy St. Eve told Ashqar that regardless of his political beliefs, he had an obligation to follow U.S. law. She said that once he was granted immunity, he could not refuse to testify before the grand jury.
We hear the first speech by our own co-host Michael Smith based on his own research into Che Guevara’s life. Michael tells the audience at the Brecht Forum about his travels to Cuba, his research work with co-host Michael Ratner and lays out the case of how Che could have been murdered. This was one of 3 compelling speeches held at the Brecht Forum. Author and historian Jane Franklin and attorney/civil rights activist Len Weinglass also spoke – Law and Disorder will air those speeches in the weeks to come.
The Torture of Abdallah Higazy– By Michael Ratner on Justleft.org.Two weeks ago the struggle against the use of torture in the U.S. got a boost, by accident. A federal court in New York City published an opinion in a civil suit that includes a graphic description of the FBI extracting a false confession from a completely innocent man by threatening to have his family tortured. Making such a threat is considered torture. View redacted opinion here.
Ousted Arabic School Principal Debbie Almontaser plans to sue the city for violating her freedom of speech after reapplying for her position last month as principal of Kahlil Gibran International Academy. The ousted principal of the city’s first public Arabic-language school was forced to resign after she was quoted explaining that the word “intifada†literally means “shaking off†in Arabic. This was in reference to a controversy arising over a t-shirt that read “intifada NYC†created and worn by a group called Arab Women Active in the Arts and Media.
Debbie Almontaser says she was forced out under pressure from Mayor Bloomberg and calls the offense a serious injustice to Arab and Muslim communities of New York City. Communities in Support of KGIA
Guests – Donna Nevel and Mona Eldahry who are involved in organizing Debbie Almontaser’s defense.
“This has been a painful book to write,” he said, “and if I have done any justice to the subject, it will be a painful book to read. There is no way around this, nor should there be.” says Marcus Rediker author and history professor at the University of Pittsburgh.
Rediker has scoured through letters, diaries, memoirs, captain’s logbooks, shipping company records to piece together the intimate realities of these 18th-century sailing vessel carrying enslaved Africans. Rediker draws startling parallels to global economy structures then and now, tracing back as New England timber was used to build Slave Ships yet nails and ropes were purchased from Liverpool at discounts, ship captain stock options and more. In his book, Marcus also documents revolts among underpaid sailors and the solidarity that evolves amid slaves and servants.
One review describes Slave Ship as “ a tale of tragedy and terror, but also an epic of resilience, survival, and the creation of something entirely new. Marcus Rediker restores the slave ship to its rightful place alongside the plantation as a formative institution of slavery, a place where a profound and still haunting history of race, class, and modern economy was made.â€
Vote down the Attorney General Nomination of Judge Michael Mukasey.
“Michael Mukasey professes ignorance as to whether water-boarding is a form of torture unless he knows “the actual facts and circumstances” of its use. The “facts and circumstances” of water-boarding are quite straightforward. When a person is water-boarded, their head is held under water until the person begins to involuntarily “inhale” water. At that point, the victim is certain they will drown if not allowed to get air. It is a technique from the Spanish Inquisition and illegal under international and domestic law. Instilling fear of imminent death as an interrogation technique is the very essence of torture, and no amount of legal analysis can come to any other conclusion.” Read full CCR Press Release.
Recently, the Foreign Affairs Committee of the U.S. House of Representatives took a major step toward ending U.S. complicity in Turkey’s denial of the Armenian Genocide. Despite an intense campaign of threats and intimidation by the Turkish government and its lobbyists in Washington, DC the Committee adopted HR 106, the Armenian Genocide Resolution.
Introduced on January 30, the resolution calls on the President to ensure that the foreign policy of the United States reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the United States record relating to the Armenian Genocide.
One day after the House Foreign Affairs Committee approved the resolution, 27-21, Turkey withdrew its ambassador for consultations, and Turkish legislators on October 17 authorized the use of military force against Kurdish rebels in northern Iraq, a step that may further destabilize Iraq and disrupt oil supplies. Despite overwhelming evidence documenting the Genocide, the Republic of Turkey continues to pursue a well-funded campaign – in Washington, DC and throughout the world – to deny and ultimately erase from world history the 1.5 million victims of Ottoman Turkey’s and later the Republic of Turkey’s systematic and deliberate massacres and deportations of Armenians between 1915 and 1923. According to the International Association of Genocide Scholars, the historical record on the Armenian genocide is quote – unambiguous.
Since 1982, successive U.S. Administrations, fearful of offending Turkey, have effectively supported the Turkish government’s revisionism by opposing passage of Congressional Armenian Genocide resolutions and objecting to the use of the word “genocide” to describe the systematic destruction of the Armenian people.
Hosts Michael Ratner and Michael Steven Smith interview Henri Alleg for the first half hour. Alleg, a French journalist living in Paris, supported Algerian independence during the French Algerian War (1954-1962). He was arrested by French paratroopers during the Battle of Algiers in June 1957 and interrogated.
Henri Alleg describes to Law and Disorder hosts in this exclusive interview how he was questioned hung from his feet and tortured with a similar brutality and sadism often described by prisoners in Guantanamo and Abu Ghraib. Alleg’s republished book The Question is a moving account of that month of interrogation and his triumpj over his torturers. Jean-Paul Sartre has written the preface that remains a relevant commentary on the moral and political effects of torture on the both the victim and perpetrator.
Guest – Henri Alleg, a French-Algerian journalist, director of the “Alger républicain” newspaper, and a member of the French Communist Party. After Editions de Minuit, a French publishing house, released his memoir La Question in 1958, Alleg gained international recognition for his stance against torture, specifically within the context of the Algerian War.
Co-hosts Michael Ratner and Michael Smith discuss how Judge Michael Mukasey claims he’s unfamiliar with “water boarding” as a form of torture.
Echoing Michael Mukasey, his friend and associate who likely will soon be the next attorney general, Republican presidential front-runner Rudolph Giuliani claimed Wednesday that he doesn’t know whether waterboarding is torture. Read more by Joe Conason
Michael Smith and Heidi Boghosian speak with CCR attorney Jen Nessel about the launch of Beyond Guantanamo Rescue the Constitution Campaign. Find out more here – CCRJustice.org
A recent Amnesty International study on the sexual violence against indigenous women in the United States exposes a disturbing trend in human rights abuse. The reasons why indigenous women are at particular risk of sexual violence are complex. According to the report, more than one in three Native American and Alaska Native women are survivors of rape. Most of the abused women have not followed through in their cases to seek justice because of a general inaction within the tribal government authority and its chronic under-resourced law enforcement agencies which should protect indigenous women. As one support worker said, “Women don’t report because it doesn’t make a difference. Why report when you are just going to be re-victimized?” Too many times, as the Amnesty Report identifies, those responsible for the violence are able to get away with it.
Guest – Michael Heflin, the Amnesty International USA Campaign Director.
Here on Law and Disorder we continue to look at the issue of Iraq war resisters and conscientious objectors. We’ve interviewed war resistors – their families and discussed conscientious objection. We also look at how legislation has changed for soldiers applying for CO status.
Since the Vietnam War more than 170,000 men were officially recognized as conscientious objectors. But, in 1971 the Supreme Court refused to allow objection to a particular war, a decision affecting thousands of objectors to the Vietnam War. Some 50,000–100,000 men are estimated to have left the United States to avoid being drafted. Now, the US military is all-volunteer. We talk with Citizen Soldiers’ Tod Ensign about what’s changed for Conscientious Objectors since the Vietnam War and compare what it means to be a CO in today’s United States military.
