Civil Liberties, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Guantanamo/War on Terror/9/11 – Update
Co-host Michael Ratner begins the update in the context of the Supreme Court’s Hamden decision – which essentially says that Geneva conventions apply to people picked up during the “war on terror,” meaning fair trials and being treated humanely. This decision also means that the military commissions set up by the US president are no longer lawful and the actions of torturers, such as the CIA and military personnel at Guantanamo and CIA secret sites could now be charged with war crimes. Today, the president is asking Congress to amend Geneva Conventions and allow illegal military commissions to continue.
To find out more and take action please visit the Center for Constitutional Rights and help stop the fast tracking military commissions bill in Congress that would sink the United States into a police state.
Law and Disorder Exclusive – NSA Spying Lawsuit Oral Arguments
A few weeks ago oral arguments were heard in federal court in a lawsuit brought by the Center for Constitutional Rights. The suit seeks to stop Bush and government agencies from conducting warrantless surveillance of international communications made from the United States, such phone calls and emails. Arguing the case were CCR attorney Shane Kadidal (read Shane’s blog here) and cooperating attorney Michael Avery, president of the National Lawyers Guild. One issue is whether CCR and several of its lawyers has standing to bring the suit. CCR lawyers and Avery have to basically demonstrate a concrete injury from the spying program. CCR lawyers say that their ability to conduct their work has been affected by the chance that their attorney/client communications may be monitored. Meanwhile, government attorneys urged that Judge Gerald Lynch dismiss the case because allowing it to proceed would jeopardize “national security.” It also argued that the government has inherent constitutional power to override national enactments like the Foreign Intelligence Surveillance Act.
Co-hosts Michael Smith and Heidi Boghosian caught up with Shane Kadidal and Michael Avery right after their three hour argument.
Mexico Election Protests and the Forming Of A Shadow Government
Post election street protests and tent cities come to a close in Mexico two months after the razor thing results. An election too close to call had both front running presidential candidates Felipe Calderon and Andres Manuel Lopez Obrador declaring themselves winners, based on their speeches and a number of private exit-polls. In the initial election count that ended July 3, Calderon had an advantage of more than 400 thousand votes or 1.04 percentage points over Lopez Obrador. For the past six weeks sprawling encampments filled the center of Mexico City. Obrador warned he will never acknowledge defeat and is forming a “shadow government.”
Guest – Jim Cockcroft – bilingual award winning author of more than 30 books and countless articles on Latin America, Mexico globalization, labor migration and public policy. Read Jim’s blog here.
No More Deaths – Border Activists Shanti Sellz/Daniel Strauss Case Dismissed.
Here at Law and Disorder we’ve been following the cases of Daniel Strauss and Shanti Sellz, two humanitarian aid activists who work at the Mexican border. More information here at No More Deaths. They provide food and water and if necessary medical assistance to people who are in need crossing the border. In July 2005, they were arrested for transporting three undocumented migrants to a hospital for emergency medical care – for a full background on the case listen to the Law and Disorder interview with Shanti and Daniel here. The case was set to go to trial this October but the judge has recently dropped the case. Co-host Dalia Hashad and WBAI’s Wake Up Call host Deepa Fernandes caught up with Shanti Sellz at the Arizona border.
September 23: Free the Cuban 5: Protest at the White House, DC
Join Law and Disorder hosts in Washington DC to protest the U.S. government releasing terrorist Luis Posada Carriles.
Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Surveillance, Torture, Truth to Power
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Today on Law and Disorder, hosts take a look back at US governments’ domestic and international reaction to the attacks on the World Trade Center and the Pentagon, where an estimated 3000 perished. Stay with us as we begin with the targeting of Muslims and Arab/Americans then discuss the use of secret prisons, NSA spying, Guantanamo and war powers, the Authorization for Use of Military Force.
FBI Roundups, Profiling, Secret Sites, Presidential Powers
Roundup of Muslims – FBI to question 5000–immediate – Special Registration
Ashcroft lifting of FBI Guidelines
Detainee Treatment Act – more info on McCain amendment
Decision justifying torture
Brandon Mayfield
FBI Informant
Spying, NSA, Criminalizing Dissent, Patriot Act
2006 NSA spying—cases and victory
CCR case
EFF case
Broadening of wiretap provisions
Patriot Act – No sunset
Criminal cases—Lynne Stewart
We hear a preview from an interview with Shane Kadidal, attorney with the Center for Constitutional Rights and cooperating attorney Michael Avery, president of the National Lawyers Guild, right after arguing the case brought by the Center for Constitutional Rights seeking to stop Bush and government agencies from conducting warrantless surveillance of international communications of people in the United States.
Guantanamo, Torture, Indefinite Detention, Renditions, Criminal Prosecutions
INS —secret hearings
Abu Gharib photos – Warning – graphic images on this link
Guantanamo – Amnesty Link
CCR link
Torture is not torture – 2004 Truthout story – Marjorie Cohn
Iraq/Afghanistan/ – War
AUMF — Authorization to Use Military Force – translation: Attack anything anywhere if president says it’s related to 9/11.
Attack Afghanistan 2002
Attack Iraq – 2003
Attack Lebanon – 2006
Civil Liberties, Guantanamo, Supreme Court, Torture
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Rewriting Geneva Conventions
Law and Disorder’s Michael Ratner Updates Related article – NY Times
Cuban Five – Eleventh Circuit Court Decision
Recently this month, the Eleventh Circuit decided the case of “US v. Campa” the case of the so-called “Cuban Five. This decision affirmed the trial court’s finding that the venue shouldn’t have been changed from its location in Miami and that new trial should not be ordered. This gives enormous power over to the government to bring politically motivated prosecutions and to select a favorable venue where community prejudice will favor the government, and as in this case, allow the government to obtain a conviction where evidence did not support a conviction. This decision is not the end of the case, however. If the lawyers in the case decide to, they can take it to the US Supreme Court by petitioning the court, by write of certiorari, to hear the case.
To remind listeners, this is the case where five Cuban men have been serving harsh prison sentences after they infiltrated anti-Cuban right wing (terrorist) groups in South Florida, were arrested by US authorities in 1998, and received a highly-politicized trial in Miami that was barely reported on in any US media. We’ve covered developments in this case on Law and Disorder on March 6th of this year and on our August 15th show in 2005.
Guest – Attorney Bruce Nestor, former president of the National Lawyers Guild.
Union organizing at Starbucks
Union member Daniel Gross was fired from his job at Starbucks last week after nearly three years of union organizing. Daniel was terminated when he backed a co-worker and fellow union member at a union picket line and asserted he shouldn’t be fired. Daniel is the fourth Industrial Workers of the World member to be fired by Starbucks in less than a year. Starbucks and other large corporations such as Walmart and Borders have been known to be hostile to the social movements of their workers. This is also a turning point for some card carrying IWW baristas at Starbucks who promise to keep the union organizing alive.
Guest – IWW member Daniel Gross
New York Cyclists’ Civil Liberties At Risk
The NYPD has proposed a rule that would dictate how many people could legally ride their bikes or walk down the sidewalk together without a permit. Since the taping of this interview, the NYPD has retracted their proposal dure to overwhelming response during the public comment period. The proposed rule would have actively discourage cycling and make it more difficult for cyclists to ride together for safety.
Guest – Gideon Oliver, an attorney for Critical Mass
Guest – activist/Law Student Mark Taylor
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Civil Liberties, Torture, Truth to Power
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Court Papers Reveal Political Reasons To Ban Protests in Central Park’s Great Lawn.
Internal emails and memoranda reveal that New York City officials including Mayor Michael Bloomberg were active participants in a pre-arranged plan to deny large political protests on the Great Lawn in Central Park. (Read NY Times article here) In one such email, the Parks Department wrote “it’s very important that we do not permit any big or political events for the between August 23 and September 6, 2004. It’s really important for us to keep track of any large events (over 1,000 people) and any rallies or events that seem sensitive or political in nature.”
Guest – Mara Verheyden Hilliard, one of the attorneys litigating the case, she’s also with the National Lawyers Guild Mass Defense.
Chicago Torture Cases Update – Chicago Mayor Richard Daley Involved.
The case includes a four-year investigation focused on allegations that 148 black men were tortured in Chicago police interrogation rooms in the 1970s and ’80s. The men say detectives under the command of Lt. Jon Burge beat them, used electric shocks, played mock Russian roulette and started to smother at least one to force confessions. Prosecutors described this “type” of criminal justice system where top officials in a position to put a stop to police torture appeared blind to the abuse. Among them Mayor Richard Daley, when he served as Cook County state’s attorney.
Guest – Flint Taylor – attorney with the People’s Law Office
Humanitarian Aid A Crime? – Humanitarian Aid Activists Charged With Felony
Two border activists face 500 thousand dollar fines, felony charges and prison terms up to 15 years for providing humanitarian aid to 3 migrants reported to have been suffering from extreme thirst and hunger. Last summer, Daniel Strauss and Shanti Sellz volunteered in Arizona with the group “No More Deaths”, a network set up primarily to prevent deaths of migrants. Daniel and Shanti were driving the three men to get treatment by volunteer medical professionals in Tucson when they were stopped by the United States Border Patrol and arrested
The two activists Daniel say they will defend their actions in trial and take on the United States. This trial is the first of its kind and will set ground rules for what can and cannot be done to assist people coming into the country.
Civil Liberties, Extraordinary Rendition, Guantanamo, Supreme Court, Torture, Truth to Power
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Updates:
- Supreme Court Update – Hamden v. Rumsfeld.
- Signing Statements
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Israel’s Massive Assault Targeting Lebanese Civilians
Israel has warned hundreds of thousands of Lebanese to leave Southern Lebanon as they continue to target Lebanon’s infrastructure and bomb civilian neighborhoods. Meanwhile, a ground invasion begins, and more than 340 Lebanese have been killed most of have been civilians. We talk with author Phyllis Bennis, a Middle East analyst for Foreign Policy In Focus. She is also a senior analyst at the Institute for Policy Studies and a member of the Iraq Speakers Bureau. Among the issues discussed in this interview are the US origins of Israel’s weaponry and fuel, the language of propaganda from Israel and the Geneva convention law in the context of “an occupying power.” Links – http://www.electronicintifada.net/lebanon/
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During the Law and Disorder panel, Ten Minutes To Midnight, at the Left Forum in New York, our hosts covered a range of issues, among them presidential signing statements. While many people may not have heard of signing statements, they represent a signifcant threat to the separation of powers. The President, literally attaches a statement when he signs newly enacted legislation. These statements lay out his interpretation of the law, which may unfairly influence how the judiciary perceive these laws in the future.
In a report to be released today, an American Bar Association task force will recommend that Congress pass legislation providing for some sort of judicial review of presidential signing statements. Some task force members want to give Congress the right to sue over the signing statements; other task force members will not characterize what sort of judicial review might ultimately emerge.
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Lynne Stewart – Part 1
Law and Disorder recently sat down with convicted civil rights attorney Lynne Stewart to talk about her health, her approaching sentencing this September and the details leading up to her indictment and conviction.
Civil Liberties, Death Penalty, Surveillance, Torture, Truth to Power
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Lawsuits Filed Against NSA
Since its been revealed that the National Security Agency is amassing a colossal database of personal phone records have become public, there have been nearly 20 lawsuits filed against the NSA, AT&T and other telecommunication companies. Here on Law and Disorder we take a look at some recent lawsuits, one involving the Electronic Frontier Foundation and the Center for Constitutional Rights. We also discuss recent bills proposed in the Senate designed to change the Foreign Intelligence Surveillance Act, read more about it here.
Guest – Shane Kadidal lead attorney at CCR on the NSA cases. Read Shane’s latest commentary here.
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Tasers – Part II
This year Amnesty International released a report on Tasers. (download PDF here) The report also looks at the systematic misuse of tasers by police and in prisons. It points out that there is a widespread policy of using tasers as a routine compliance tool on subjects who are passively resisting or “perceived” to not be complying with orders. Taser misuse is increasingly linked with unnecessary punishment, degradation and torture. In part I of the Taser series, Law and Disorder hosts spoke with Ed Jackson. (listen here) This week we go to Portland, Oregon where during Amnesty International’s General Annual Meeting, co-host Dalia Hashad caught up with Amnesty International spokeswoman and Taser expert Mona Cadena in Pioneer Square.
Guest – Mona Cadena – Amnesty International spokeswoman and Taser expert.
Download/Listen [8 MB]
Law and Disorder Hosts Visit Political Prisoners – A Discussion
Co-hosts Heidi Boghosian and Michael Smith talked about their recent visits with political prisoners Mumia Abu- Jamal and David Gilbert. Heidi talks about her visit with Mumia Abu-Jamal on death row in Waynesburg, Pennsylvannia and the the National Lawyers Guild’s plan to file an Amicus Brief in Mumia’s case.
Gilbert was a founding member of Columbia University Students for a Democratic Society and member of The Weather Underground Organization. Following eleven years underground he was arrested with members of the Black Liberation Army and other radicals following a botched armored car robbery in 1981. He is now a well-known prisoner serving time in upstate New York. Read more about David Gilbert here.
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A rare interview with Amnesty International’s former Executive Director William Schulz
Co-host Dalia Hashad interviews Bill Schulz at Pioneer Square before the anti-torture rally. We also listen to Bill Schulz deliver an inspiring outgoing speech during the rally. This is part of hours of amazing audio interviews and speeches from the Amnesty General Meeting, stay tuned for more in the weeks to come.
