Law and Disorder October 14, 2013

Updates:

  • Lynne Stewart Turns 74
  • Phone Campaign For Lynne Stewart To Be Let Out Of Prison Under Compassionate Release
  • Director of Federal Bureau of Prisons – 202-307-3250
  • U.S. Attorney General Eric Holder – 202-353-1555
  • U.S. President Barack Obama – 202-456-1111
  • Che Guevara Anniversary
  • Shocking Statistics On Americans Under 30

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The United States Military Kidnapping In Libya And Failed Kill or?Capture In Somalia

The United States military had gone into 2 parts of Africa. In one case they went into Libya and brazenly seized a man who they claim to be a leader of Al-Qaeda, his name is Abu Anas al-Libi.  He was seized out of Tripoli, Libya. The U.S. also went into Somalia and attacked a house or a compound in apparently an effort to grab or kill  an alleged senior leader of the Somali group al-Shabab. Michael Ratner reports in this update.

Attorney Michael Ratner:

  • It was shocking news to see that the United States think it can go into sovereign countries and kidnap, kill whoever they want. Did the US have the right to go into Libya at all?
  • Article 24 of the UN Charter says that the territorial integrity of the a country is complete, except of the case of self-defense or authorized by the UN.
  • There was no authority by the UN or international law to go into Libya.
  • Then the question came up – Did Libya consent to it?
  • He’s on some U.S. ship. It’s called the San Antonio.
  • They’re keeping him floating on this ship while they’re going to interrogate him.
  • Its true, Obama when he took office 5 years ago, he banned torture and he said all interrogations had to be done according to the Army Field Manual.
  • Annex M allows 3 kinds of techniques that I think constitute cruel and inhuman, degrading treatment and taken together would constitute torture.

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

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The United States, Iraq, Afghanistan, Iran, Syria and Israel Part 2

October 7th of 2013 marked the 12th anniversary since the United States invaded Afghanistan as the war drags into its 13th year. The Afghanistan war and the Iraq war have been estimated to cost tax payers up to 6 trillion dollars. This year marks the 10th anniversary of the Iraq War – an illegal war launched despite the global protest in the streets.

Phyllis Bennis:

  • On the one hand it was a huge victory for the U.S. and the anti-war mobilization effort, that we managed to prevent what was a very imminent US strike. The British also had their missiles ready to go. They were very close.
  • In combination with the British Parliament decision to say no, led to a huge shift in what the Obama Administration was prepared to do.
  • It turns out they were prepared to go to war without UN permission. They were ready to do without the UN, without NATO, without the Arab League, but not without the Brits.
  • This was a political decision, this wasn’t rooted in concerns about international law or any kind of strategic or military necessity.
  • When it was turned over to Congress, a lot of organizations mobilized and said you know what, we’re not going to let this happen.
  • Members of Congress were reporting that their emails were running 500 to 1, 800 to 1, 1000 to 1 against US military intervention.
  • What we found is that people were not willing to sign on to another war after so many failed wars in the region.
  • You can call it war fatigue but it’s really about learning a lesson, that war is not an answer to these problems.
  • Given that there have been 100 thousand victims in this war (Syria) about a third of them civilians, about 43 percent regime soldiers and militia, about 18 percent rebel soldiers. The rest were civilians.
  • To claim this was all about the humanitarian consequences, simply, that’s not the case.
  • The voices that have been marginalized the most are the original political opposition in Syria, who were incredibly brave and courageous, still out there fighting.
  • The regime in Syria was forced to sign on to the chemical weapons treaty. That’s huge, there are only 7 countries in the world that had not signed that treaty.
  • Israel of course being another one.
  • The number of people killed with chemical weapons in Syria is tiny compared to the number of people killed with conventional weapons.
  • The five wars in Syria, the regional power struggle, the sectarian war, the US-Russian war, the US-Israel vs. Iran war, those are still underway in Syria.
  • President Rouhani, the new president of Iran, was on a major charm offensive.
  • Rouhani has said ” I have the backing of the Supreme Leader in a new approach to our nuclear negotiations.”
  • There are enormous pressures in the U.S from the arms industry, from AIPAC, from hawks in Congress of all sorts.
  • The Palestinians are the ones that will pay the price if there is an agreement between the US and Iran because the US will be determined to give Israel something.
  • Iraq has become as violent as it was in the height of the sectarian wars of 2006 and 2007.
  • Hundreds of people are being killed on a daily basis. It’s a disaster. Much of that is the result of the exploding war in Syria. Syria and Iraq share a long border. It’s a very porous border.
  • The division of Libya into 2 or 3 regions is a very likely possibility.
  • Saul Landau was a giant in our movement, he made one of the first films about Fidel. It was called Fidel it was made in 1960 a year after the revolution.
  • He died about a month ago after a 2 year battle with a very virulent cancer.
  • Saul had been at IPS almost at the beginning. He wrote the book Assassination on Embassy Row that documented with such precision on how Operation Condor had gone forward.

Guest – Phyllis Bennis, directs the New Internationalism Project at IPS. She is also a fellow of the Transnational Institute in Amsterdam. She has been a writer, analyst, and activist on Middle East and UN issues for many years. In 2001 she helped found and remains on the steering committee of the U.S. Campaign to End Israeli Occupation. She works closely with the United for Peace and Justice anti-war coalition, co-chairs the UN-based International Coordinating Network on Palestine, and since 2002 has played an active role in the growing global peace movement. She continues to serve as an adviser to several top UN officials on Middle East and UN democratization issues.

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Law and Disorder October 7, 2013

Updates:

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The United States, Iraq, Afghanistan, Iran, Syria and Israel

President Barack Obama addressed the 68th session of the United Nations General Assembly last week, near the end of September. His speech reflected some of the shift in global politics in the Middle East, especially in Syria. He also spoke about Iran, and mentioned the usual, “we are determined to prevent Iran from developing a nuclear weapon.” Obama said “we are not seeking regime change we respect the right of the Iranian people to access peaceful nuclear energy.”  However Iran has signed on to the Non-Proliferation Treaty which recognizes the right to develop, research, produce and use nuclear energy for peaceful purposes without discrimination.

William Blum:

  • One must accept the basic premise that the United States wants to dominate the world.
  • In that context it becomes clear that the main problem we have with other countries is one of disobedience.
  • Our closest ally in the Arab world is Saudi Arabia, if that’s not the most oppressive government in the world then damn close to it.
  • We’ve overthrown the 3 leading secular governments of the Middle East. First Iraq, and then Libya, and now we’re in the process to attempt to overthrow the Syrian government.
  • In ’79, the Shah of Iran was overthrown by various forces, but the ones that came to power were the Islamics.
  • It’s a myth that the U.S. was totally opposed to Islam coming to power in Iran then.
  • What Washington feared is the Left coming to power in Iran.
  • The Left, all over the world, are the least likely to be obedient to Washington, to become a client state.
  • So the Left is the first target of U.S foreign policy.
  • Israel fears Iran, in the same way it fears Iraq and Libya. Any country in the Middle East that had some military power and not falling in line as an obedient friend or follower of Israel, that was a target of Israel, which means target of the U.S.
  • The 3 main targets have all been attacked by Washington and that’s where we are today.
  • Cuba then and now has represented what Washington fears greatly, a good alternative to capitalist system.
  • They have inspired people and countries all over the world, especially in Latin America.
  • It’s not very well known that throughout the 70s and into the 80s, Afghanistan had a fairly progressive government. Women had full rights. I’ve seen photos of that time, of women walking around in mini-skirts.
  • What happened to that society and government? Our dear government overthrew it.
  • It’s amazing when we hear people say we have to stay in Afghanistan to help the women there.
  • Saddam Hussein, as much of a dictator as he was, he still ran a welfare state.
  • The people in their daily life were much better off than they are today and there was peace and order
  • Syria is not going to make a good client state to the United States and Israel. Syria is a bit too friendly with Russia.
  • It’s amazing how sensitive we are to those who will not embrace the American empire.
  • Almost all the leading people in Israel except for Netanyahu, they know Iran is not a threat. It’s all hype.
  • Netanyahu needs this hype and the U.S. needs it.
  • There’s a very growing trend now to be turned off by all of this war. The vote in Congress which if it were held would have been against invading Syria.
  • The American public is very tired of these wars.
  • Sign up for the monthly Anti-Empire Report.

Guest – William Blum, has been a freelance journalist in the United States, Europe and South America.  His stay in Chile in 1972-3, writing about the Allende government’s “socialist experiment” and its tragic overthrow in a CIA-designed coup, instilled in him a personal involvement and an even more heightened interest in what his government was doing in various parts of the world. In the mid-1970’s, he worked in London with former CIA officer Philip Agee and his associates on their project of exposing CIA personnel and their misdeeds. His book on U.S. foreign policy, Killing Hope: U.S. Military and CIA Interventions Since World War II, first published in 1995 and updated since, has received international acclaim.

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EFF Fights Back Against NSA Spying

A few shows ago we asked Attorney Carl Messineo with the Partnership for Civil Justice Fund what legal steps are they taking to stem the pervasive breach of civil liberties from the National Security Agency’s massive surveillance program. Our own Heidi Boghosian, author of the book Spying On Democracy: Government Surveillance, Corporate Power and Public Resistance has discussed in detail the public fight back from a legal standpoint.  David Greene, a senior staff attorney with the Electronic Frontier Foundation brings us up to date about ongoing litigation, lawsuits and FOIA requests to continue the fight back against government and corporate spying.

Attorney David Greene:

  • There’s a lot we still don’t know about how much they know about us.
  • We do know that they have several programs to collect communications, data. They have a program called UPSTREAM that collects all internet communications.
  • This actually happens at the fiber level. – where the switching facilities are at the splitter, split the transmissions to where the communications company wants it to go and one that actually goes toward the government.
  • We at EFF have known about that and had a lawsuit pending for 7 years now.
  • Our lawsuit was originally against AT&T and then Congress granted telecoms immunity, so.
  • One of the other things we’ve learned about is a program that also collects internet records called PRISM. PRISM seems to be focused on collecting email correspondence between foreign targets and the United States.
  • They’re basically collecting the call data of every telephone call made in the United States. Right now they’re saying they’re not collecting the content of the calls but only the metadata.
  • They’re also collecting social media data as well and doing things such as social mapping.
  • There are several provisions of the Fourth Amendment and some of the issues here is the prohibition against unreasonable searches and seizures.
  • Basically people’s information is being searched, being seized without a probable cause. A probable cause to believe these people actually did anything wrong.
  • The Electronic Frontier Foundation is an organization that fights for civil liberties in the digital world.
  • Whenever you go up against the government, you’re going to be out resourced.
  • There are many parts about being a free person that requires a person to operate with some degree of privacy from there government.

Guest – Attorney David Greene, Senior Staff Attorney, has significant experience litigating First Amendment issues in state and federal trial and appellate courts and is one of the country’s leading advocates for and commentators on freedom of expression in the arts. David was a founding member, with David Sobel and Shari Steele, of the Internet Free Expression Alliance, and currently serves on the Northern California Society for Professional Journalists Freedom of Information Committee, the steering committee of the Free Expression Network, the governing committee of the ABA Forum on Communications Law, and on advisory boards for several arts and free speech organizations across the country.

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Left Forum 2013: Dr. Harriet Fraad Part 2

We hear part 2 of a presentation from Harriet Fraad,  a hypnotherapist & psychotherapist in Manhattan. She writes regularly for Truthout, Tikkun and The Journal of Psychohistory. Her blog with Richard D. Wolff, Economy and Psychology appears at HarrietFraad.com and RDWolff.com. Her latest book is Bringing It All Back Home ed. Graham Cussano. Her article on Emotional and Sexual Life in a Socialist America written with Tess Fraad Wolff will appear in the book Imagine A Socialist America- (Harper Collins 2013). This panel explores what Socialism could look like in the United States.

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Law and Disorder September 16, 2013

Updates:

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Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance Part II

This is part 2 of our interview with our own Heidi Boghosian who wrote the newly published book is titled Spying On Democracy: Government Surveillance, Corporate Power, and Public Resistance and it reveals in detail how the government acquires your information from sources such as telecommunications companies to compile a data base on “persons of interest.” Since ex-CIA staffer Edward Snowden’s release of top secret documents to the Guardian and Washington Post many are now aware of the frequency and scope to which they are being monitored.  What this book has unveiled is how your personal consumer data is being gathered, bundled and sold. The spying, the collecting of phone records, accessing your online activity, all of it is unconstitutional says Heidi Boghosian, co-host of Law and Disorder and the National Lawyers Guild’s Executive Director.

Attorney Heidi Boghosian:

  • They create dossiers of our spending habits, of our communication habits.
  • The corporations benefit from this which makes them create more equipment for surveillance and almost makes it impossible for the government to perform traditional government functions because they’re so reliant on corporate partners.
  • There’s also a revolving door among CEOs of these big companies and high level positions within government intelligence.
  • The National Lawyers Guild was spied on by the FBI. More than 1000 agents were assigned to us for nearly 3 decades. They rummaged through our members garbage. We had an infiltrator in Washington DC serving as a staff person.
  • They tried to label us (and failed) as a subversive organization.
  • The People’s Law Office had also been monitored for years. Apparently across the street from the office an apartment was taken by the FBI who spied on them for their work representing politically active individuals.
  • With all of this spying, the chilling effect of knowing that you may be spied on, you conversations may be listened to, changes the way you do business.
  • I’ve always been interested in cooperation between municipal public police and private security organizations.
  • We’re seeing an entire industry giving birth to Stratfor and other intelligence organizations that exist just to conduct intelligence be it on activists or critics of corporate or government policies, as well as defense contractors beefing up and creating a whole sector of intelligence.
  • They are in big contracts with the US government.
  • One of the problems constitutionally is they’re not held as private businesses to the same strictures as the US Constitution as we saw recently with the Hemisphere program revelations. We have our government paying AT&T staff to sit next to drug enforcement officers and go through AT&T’s files that go back 26 years. They’re not overseen by a judge.
  • My question is how many more agencies of the government are doing this?
  • They are getting access to this information through what’s called administrative subpoenas.
  • Many mannequins have small cameras embedded in the eyeballs.
  • When you’re spying on the fourth estate as its called which is intended to be a watch dog on government you really get to the heart of what democracy is about.
  • Without a free press, we don’t have any chance of preserving those fundamental freedoms of First Amendment association and the ability to bring our grievances to the government for redress.
  • A student group working with the Coalition of Immokalee Workers got suspicious because a new member on their listserve started asking questions and they did some research and found she owned her own private security company, in fact she was spying on them for Burger King.
  • Congress is calling for an investigation for these large data aggragators. Once again, there’s no oversight, there’s no accountability, they go to a variety of sources to gather personal information on us. Some in the public domain, others not.
  • They have vast troves, electronic dossiers on each of us.

Guest – Heidi Boghosian,  executive director of the National Lawyers Guild. She is the co-host of the weekly civil liberties radio show Law and Disorder on Pacifica’s WBAI in New York and over 40 national affiliates. She received her JD from Temple Law School where she was the editor-in-chief of the Temple Political & Civil Rights Law Review. She also holds an MS from Boston University and a BA from Brown University.
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Syria: U.S. Humanitarian Intervention

What is the difference between an illegal war and humanitarian intervention? At the 2005 United Nations World Summit, government leaders agreed unanimously that “each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity.”  If a state fails to protect its own citizens from such atrocity as its known, the agreement implies a collective responsibility of humanitarian intervention upon other agencies.  President Obama has threatened to use military force against Syria and recently commented during a speech that “we cannot and must not turn a blind eye to what happened in Damascus”  The US, however has in the past,  turned a so called blind eye to other alleged chemical weapons attacks in other countries. Why would President Obama now want to go forward with a Navy missile strike in Syria and try to do so without UN Security Council approval?

Ajamu Baracka:

  • There’s no basis in international law that allows the US or any sovereign state to take that kind of unilateral action.
  • This notion of humanitarian intervention and this responsibility to protect, is a particular type of creation that’s been cooked up in the west that has provided some kind of moral justification to engage in unilateral action on behalf of the world community.
  • To circumvent the United Nations and impose their own vision and understanding of international order on any nation they see fit.
  • This is no more than a dressed up, rearticulation of the white man’s burden.
  • This notion that the US and the European, ex-colonial nations, have a right and a responsibility to impose their particular interests and world views on the rest of humanity is a notion that needs to be rejected but its something that many people in the west have embraced.
  • It was the foundation for the NATO intervention of Libya. It has been the justification for intervention in Kosovo.
  • It’s been very skillfully implanted into the minds of many people in this country as a justification for unilateral actions on the part of the US or in conjunction again with European allies.
  • What about the images we were bombarded with, the rows of piled up bodies in Egypt? Why are those lives less important than those who died in Syria?
  • Is it the mode in which they were murdered, gas as opposed to US supplied weapons?
  • I think the US objective is the dismemberment of the Syrian state. They are in almost a win-win situation. Either they affect regime change and allow this motley crew of oppositional forces much aligned with jihadist movements, come to power or they force the state to become a non-functional state.
  • The long term objective is to further isolate Iran, to diminish the power of Russia.
  • Right at the moment when it was clear that the Assad government had turned the tide militarily on the ground, the US decided it was going to intervene to effect the equalization of forces in Syria.
  • The US found itself in a very unique isolated position. Kerry has been given an opportunity to pull back from this ill-advised strike.
  • I think the Obama Administration is one of the most effective weapons ever deployed against the progressive and radical movement here in this country, perhaps in the whole post-war period.
  • He had been the answer to Ronald Reagan, but even a more effective communicator.
  • A more effective demobilzer if you will. (Obama Administration) has demobilized the anti-war movement, it has disarmed radicals, confused traditional liberals.
  • I think we use this last incident to intensify the conversations around exposing the interests of this administration.

Guest – Ajamu Baraka, Longtime activist, veteran of Black Liberation Movement, Human Rights defender, Former founding director of US Human Rights Network, currently Public Intervenon for Human Rights with Green Shadow Cabinet, member of Coordinating Committee of Black Left Unity Network and Associate Fellow at IPS.

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Law and Disorder September 9, 2013

Updates:

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United States Moves To Intervene In Syria Civil War

According to the United Nations, nearly 2 million refugees have fled the civil war and unrest in Syria. Why is the United States moving to intervene? Professor Rashid Khalidi, an historian on the Middle East and the Edward Said Professor of Modern Arab Studies at Columbia University, and director of the Middle East Institute of Columbia’s School of International and Public Affairs joins hosts to discuss the history of the conflict and who stands to gain if the US intervenes.

Professor Rashid Khalidi:

  • This is another case where the United States seems to me at least edging sideways blindly without understanding or thinking, frankly into another regional civil war which has the potential for developing into a regional conflict.
  • We got involved in an Iraqi civil war, we helped create an Iraqi civil war after the occupation of Iraq. We created al-Qaeda and other horrible manifestations as part of the war against the Soviets and then got involved in what is in effect an Afghan civil war.
  • The United States is about to and I hope I’m wrong, put its into a meat grinder and blindly, heedlessly push the button.
  • This is a horrific conflict, with no good guys on either side. You have a horrific regime which very likely used these horrible weapons against the rebels and its own population.
  • You have on the other side people who are not white knights, in fact they just as soon be killing Americans as butchering Shia or cutting the heads off people. Those are the forces that dominate.  Not the opposition to the regime, but the fighting forces.
  • These are people who don’t wish any of us well.
  • The United States is going to war for reasons of imperial overreach, for reasons that have to do with domestic politics.
  • For Iran, the Syrian regime is its most important regional ally.  The Iranians see this as a make or break conflict for their regional influence.
  • At the same time the new Iranian government is clearly interested in cutting a deal with the United States.
  • I think a deal is within reach on nuclear issues and other issues.
  • Israel would probably like to see the Syrian side bleed themselves endlessly.
  • What they’re probably doing is through their supporters in this country, is quietly pushing this president toward an American intervention which is not in the American national interest but in some ways.
  • I was there when he said, ‘I’m not against all wars, I’m against stupid wars.’ This is quintessentially a stupid war.
  • It’s the fifth or the eighth move on each side that has the potential for escalation.
  • There is a consensus of idiocy among the so-called experts.
  • I have to say this, the Israelis encouraged this.
  • It’s a civil war with a lot of bad guys on both sides. That is what we’re about to get directly involved with.
  • Why the United States should be against the Assad regime, its a bad regime, is unclear to me, while its clear to me Israel would like a bunch of tiny, weak, divided, sectarian states such that it could lord over the region completely.
  • Most people in the Arab world have a profound suspicion of the United States, because its joined at the hip with Israel, always, everywhere since time immemorial.
  • On the other hand you have authoritarian regimes, petro-monarchies, Saudi Arabia, the Emirates, Kuwait, Qatar which are hell bent on imposing their regime on Syria.
  • There are a lot of interests tied up in the United States lording it over everybody and acting as if it has the right and the power to decide everything everywhere. We don’t.

Guest – Professor Rashid Khalidi, is the Edward Said Professor of Arab Studies at Columbia University. He received his B.A. from Yale University in 1970, and his D.Phil. from Oxford in 1974.  He is editor of the Journal of Palestine Studies, and was President of the Middle East Studies Association, and an advisor to the Palestinian delegation to the Madrid and Washington Arab-Israeli peace negotiations from October 1991 until June 1993.

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Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance

Our own Heidi Boghosian has written a powerful book on the history of spying, privacy and how public dissent without surveillance is needed in order for a democracy to thrive. The newly published book is titled Spying On Democracy: Government Surveillance, Corporate Power, and Public Resistance and it reveals in detail how the government acquires your information from sources such as telecommunications companies to compile a data base on “persons of interest.” Since ex-CIA staffer Edward Snowden’s release of top secret documents to the Guardian and Washington Post many are now aware of the frequency and scope to which they are being monitored.  What this book has unveiled is how your personal consumer data is being gathered, bundled and sold. The spying, the collecting of phone records, accessing your online activity, all of it is unconstitutional says Heidi Boghosian, co-host of Law and Disorder and the National Lawyers Guild’s Executive Director.

Attorney Heidi Boghosian:

  • They create dossiers of our spending habits, of our communication habits.
  • The corporations benefit from this which makes them create more equipment for surveillance and almost makes it impossible for the government to perform traditional government functions because they’re so reliant on corporate partners.
  • There’s also a revolving door among CEOs of these big companies and high level positions within government intelligence.
  • The National Lawyers Guild was spied on by the FBI. More than 1000 agents were assigned to us for nearly 3 decades. They rummaged through our members garbage. We had an infiltrator in Washington DC serving as a staff person.
  • They tried to label us (and failed) as a subversive organization.
  • The People’s Law Office had also been monitored for years. Apparently across the street from the office an apartment was taken by the FBI who spied on them for their work representing politically active individuals.
  • With all of this spying, the chilling effect of knowing that you may be spied on, you conversations may be listened to, changes the way you do business.
  • I’ve always been interested in cooperation between municipal public police and private security organizations.
  • We’re seeing an entire industry giving birth to Stratfor and other intelligence organizations that exist just to conduct intelligence be it on activists or critics of corporate or government policies, as well as defense contractors beefing up and creating a whole sector of intelligence.
  • They are in big contracts with the US government.
  • One of the problems constitutionally is they’re not held as private businesses to the same strictures as the US Constitution as we saw recently with the Hemisphere program revelations. We have our government paying AT&T staff to sit next to drug enforcement officers and go through AT&T’s files that go back 26 years. They’re not overseen by a judge.
  • My question is how many more agencies of the government are doing this?
  • They are getting access to this information through what’s called administrative subpoenas.
  • Many mannequins have small cameras embedded in the eyeballs.
  • When you’re spying on the fourth estate as its called which is intended to be a watch dog on government you really get to the heart of what democracy is about.
  • Without a free press, we don’t have any chance of preserving those fundamental freedoms of First Amendment association and the ability to bring our grievances to the government for redress.
  • A student group working with the Coalition of Immokalee Workers got suspicious because a new member on their listserve started asking questions and they did some research and found she owned her own private security company, in fact she was spying on them for Burger King.
  • Congress is calling for an investigation for these large data aggragators. Once again, there’s no oversight, there’s no accountability, they go to a variety of sources to gather personal information on us. Some in the public domain, others not.
  • They have vast troves, electronic dossiers on each of us.

Guest – Heidi Boghosian,  executive director of the National Lawyers Guild. She is the co-host of the weekly civil liberties radio show Law and Disorder on Pacifica’s WBAI in New York and over 40 national affiliates. She received her JD from Temple Law School where she was the editor-in-chief of the Temple Political & Civil Rights Law Review. She also holds an MS from Boston University and a BA from Brown University.

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Law and Disorder September 2, 2013

Updates:

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There Is Power In A Union: Labor Songs

Songs of the American labor movement called for fair wages, dignity and voiced grievances. Classic labor songs such as “Which Side Are You On” or “There Is Power In A Union” affirmed the value of the worker to society and expressed hope in their lyrics. Woody Gutherie, Pete Seeger and Joe Hill  were leaders of the movement, and sang songs with a passion and love for their fellow workers.

Peter Siegel:

  • I’ve been singing these songs all my life. My parents sang these songs. I got a guitar when I was about 13 years old. One of the first songs I learned was Talking Union, along with Bird Dog and Don’t Take Your Guns to Town.
  • In recent years, when the state started cracking down on unions. The reporting that was coming through the media about these things, didn’t really explain what a union was and why there unions in the first place, and what the issues were.
  • I think these songs do a very clear and direct job of explaining that.
  • Many of the issues are still the same as they were when these songs were written. Eli and I talked about and got together and decided to make this album.
  • Martin Luther King Jr., talk about the hottest places in hell being reserved for those in times of crisis do nothing.
  • The Death of Mother Jones: I don’t think Gene Autry had a particular connection to that song, he apparently got the song from OK Records, which was his label.
  • Eli plays the steel guitar on our record and sings it beautifully.

Eli Smith:

  • One over-arching aspect of the songs is they give you a feeling of what its like to have a labor movement.
  • And also now to give people a feeling of what it was like in the past because I think America is an amnesiac society.
  • Most of the songs on our album are from 80 to 100 years ago.
  • Which Side Are You On? It’s a song written by Florence Reece, in a traditional style from the heart of Appalachia, in the coal mining region and we rendered in a way that’s as authentic as we can be to that style.

Guest – Peter Siegel is a musician, a record producer and performance artist who has worked with Doc Watson, Hazel Dickens and Roy Buchanan. He’s produced a number of great albums for Nonesuch, Folkways and Rounder Records in the last 50 years.

Guest – Eli Smith is a banjo player, writer and promoter of folk music,  living in New York City. Eli is a Smithsonian Folkways recording artist and produces two folk festivals every year.

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Brandworkers – Focus On The Food Chain

Nearly 35 thousand workers are employed to run New York City’s massive food processing and distribution. The vast majority are immigrant workers from all over the world,  Latin America, the Caribbean, China and Nepal. They depend on this work for their livelihood yet they’re often exploited through wage theft, reckless disregard of health and safety, plus egregious discrimination. We welcome back attorney Daniel Gross, executive director of Brandworkers, a non-profit organization protecting and advancing the rights of retail and food employees. They’ve had numerous victories including recovering unpaid wages and forcing companies such as Flaum Appetizing into full compliance of workplace protections. The efforts to achieve these victories are based on the labor movement of the late 19th century using direct action and everyday solidarity.

Attorney Daniel Gross:

  • That approach worked for several decades. Labor identified itself with having a seat at the table with government and business and frankly lost its sense of being a fighting movement.
  • As many predicted, that arrangement among labor, capital and government wouldn’t hold.
  • Capital and government understood that it was a temporary sessation of hostility to worker’s right to organize.
  • What we see now is the NLRB system come undone.
  • It’s very easy for an employer with the right union-busting attorney to quite effectively undermine the worker’s right to go through the traditional processes we’ve understood for a while to form a union.
  • This multi-billion dollar global union busting industry which is led by law firms.  
  • These folks wake up every day in the morning and seek to undermine working people coming together to do better at work for their families.
  • 93 out of 100 workers today are not in a labor union traditionally and have very little prospect getting in.
  • Starbucks when I realized the traditional model was ineffective.
  • Our members work as bakers, they process seafood, they drive trucks that deliver all kinds of food and beverages to the grocery stores and restaurants, where we all get our food.
  • Our motto is empowering workers to build and lead their own campaigns for justice at work and in the food system.
  • Most recently, we announced a campaign at the Tom Cat bakery.
  • Workers marched and made declaration of dignity, demanding respect from management and an end to an under-payment scheme and hands off the benefits they’ve accrued.

Jose Romero:

  • Flaum Appetizing was a kosher factory, we were working very long hours without being paid overtime, there were no benefits including no vacations.
  • We decided to unite and came together one day during our break, we all met on the patio and decided we were going to confront the boss altogether.
  • This manager would attack us, and yell, call us cockroaches, would hurry us and call us stupid.

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

Guest – Juan Romero from Flaum Appetizing who works as a cook on the West side of Manhattan.

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Farm Workers: Coalition of Immokalee Workers

This year’s Labor Day, farmworkers with the Coalition of Immokalee Workers travel across Florida calling on Publix Supermarkets to join the Fair Food Program. Who are the Coalition of Immokalee workers? They’re a Florida based community organization of mainly immigrants from Latin America and the Caribbean including Mayan Indian and Haitian immigrants who have been working low wage jobs throughout Florida. The farm workers routinely face a number of different kinds of exploitation, poverty, wage theft, physical and verbal abuse as well as sexual harassment of many women working in the fields. Their campaigns focus on the big corporate buyers of the produce that they pick in an effort to improve wages and working conditions in the fields. They started with Taco Bell and from there launched campaigns with McDonald’s, Burger King, since then 11 other companies are cooperating to improving wages and working conditions in their supply chains.  Last year Trader Joe’s and the Coalition of Immokalee Workers signed an agreement that formalized the ways in which the supermarket chain will support the CIW’s Fair Food Program. Their efforts continue to urge Publix and Wendy’s fast food to join up.

Silvia Perez:

  • My experience as a woman working in the fields, its been very difficult for me, we often do the same work that men do in the industry.
  • We face heat exposure and having to work long hours, under the Florida Sun, and also to over fill our buckets to keep extra tomatoes on top for which we were not paid.
  • For many years before the CIW began its Fair Food Program, farm workers were paid an average of 45 cents per 32 lb bucket.
  • That’s been the same wage that farm workers received in Florida for more than 30 years.
  • There was no guaranteed wage that we would receive in the field, we were paid the bucket rate.
  • While there should be a minimum wage and we should get that guarantee to get paid that minimum wage, often times we didn’t receive it.
  • With our campaign for Fair Food, which brought on board 11 major corporations we developed the Fair Food Program, an initiative which is a partnership between farmers, farmworkers and the major retailers and because of that program things are changing.
  • Our organization is not a union, we are a worker and community based organization that was formed by farm workers themselves.
  • In addition to Wendy’s we’ve asked Publix the largest Florida based corporation to come on board as 11 other companies have. Specifically we ask for 2 things, to pay 1 penny more a pound for the tomatoes that they’re buying to go directly to farm workers, and to respect our rights.

Guest – Silvia Perez with the Coalition Immokalee Workers and also CIW campaign organizer Jake Ratner who will translate.

Guest – Jake Ratner, translater and son of co-host Michael Ratner. Jake traveled and studied in Cuba and Bolivia, South America. He now works with the Coalition of the Immokalee Workers.

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Law and Disorder August 26, 2013

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Army PFC Bradley Manning Sentenced To 35 Years

Our own Michael Ratner reports back from Fort Meade, Maryland on the day Army PFC Bradley Manning was sentenced to 35 years in prison for leaking classified information to Wikileaks.  As reported by Michael Ratner, Manning faced a maximum of 90 years in prison after his conviction last month on charges of espionage, theft and fraud.  Now, his sentence goes the Army Court of Criminal Appeals, where he may seek a reduction of his prison term.

Attorney Michael Ratner:

  • 35 years is a completely off the wall sentence. First of all he shouldn’t have been prosecuted at all.
  • That’s been the Center for Constitutional Rights position. That’s my position.
  • He’s a whistle-blower, he exposed torture, criminality, killing of civilians.
  • Then, they over prosecute him, charge him with espionage, make whistle-blowers into spies.
  • They charge him with all these years, then people are relieved when gets 35 years.
  • It’s a very long sentence for someone who actually gave us the truth about Iraq, about Iran, about the helicopter video that killed a Reuters journalist, about the diplomatic cables that gave us the secret war in Yemen, the revelations about the corrupt Ben Ali government in Tunisia that helped bring on the Arab Spring.
  • He’s a hero. The people who committed the crime are sadly still in our government enjoying their lives, they’re the ones that ought to be prosecuted.
  • We’re in a time where there is a sledgehammer taken to whistle-blowers.
  • The demand now is that Obama pardon him or give him clemency. That’s from the Bradley Manning Support Committee.
  • Because of Bradley Manning, people like Ed Snowden came forward. They understood that when they see criminality, they’re young people of conscience and they act on it, and we should be very proud of each of these people.

Law and Disorder Co-host Attorney Michael Ratner,  President Emeritus of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin. Ratner and CCR are currently the attorneys in the United States for publishers Julian Assange and Wikileaks. He was co-counsel in representing the Guantanamo Bay detainees in the United States Supreme Court, where, in June 2004, the court decided his clients have the right to test the legality of their detentions in court. Ratner is also a past president of the National Lawyers Guild and the author of numerous books and articles, including the books The Trial of Donald Rumsfeld: A Prosecution by Book, Against War with Iraq and Guantanamo: What the World Should Know, as well as a textbook on international human rights.
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Journalist Barrett Brown Faces 105 Years In Prison

Journalist Barrett Brown has spent more than 330 days in pre trial detention and faces charges that add up to a 105 year sentence. What Barrett Brown did was merely take a link from a chat room and copied that link then pasted it to a chat room for a wiki-based crowd source group called Project PM.  The link was to the Stratfor hack information of 5 million emails. He needed help to sift through the data and posted the link that was already publicly out there to the attention of the editorial board of Project PM.  There were unencrypted credit card numbers and validation codes within those emails and the government is claiming that Barrett Brown was engaged in credit card fraud. Why go after Barrett Brown? The backstory begins with the Bank of America being concerned that Wikileaks had specific information. They go to the Department of Justice who lead them to a big law firm in Washington DC, then to a private intelligence firm. Meanwhile, a defense fund for Barrett Brown continues to raise money for his case.

Kevin Gallagher:

  • Barrett Brown is an investigative journalist and freelance writer who has had a career writing for the Huffington Post, the Guardian and many other places.
  • Through his observing the media landscape over the last ten years in America, I think he grew very dissatisfied with things so when this phenomenon called anonymous popped up in 2010, making major news headlines, he attached himself to it.
  • All he was doing was looking at this information leaked by Jeremy Hammond out of Stratfor as part of his journalistic inquiry into the world of private intelligence firms.
  • The fact that they can indict someone on identity theft and credit card fraud just for sharing a link of information. . there’s no allegation that he sought to profit from it.
  • Project PM over its lifespan was a number of different things but that’s what it eventually evolved into.
  • A crowd sourced project with a wiki that was devoted to investigating soley, the state corporate alliance on surveillance. This was known as Team Themis, a consortium of these firms.
  • This all started when Wikileaks said it had information from the Bank of America.
  • Barrett was investigating. There are other journalists who do very good work on this. He was one of the most vocal who was involved in investigating all these relationships between the private intel firms and the DOJ. He was using leaked emails to do so.
  • I think they were very upset to see these things revealed.
  • Barrett recognized that this was a threat and he was looking into it.
  • Before the court right now is a motion for a media gag order which was presented by the prosecution which would silence Barrett and his attorneys from making statements to the media.

Guest – Kevin Gallagher, writer, musician and systems administrator based in western Massachusetts. He graduated with a B.A. in English from the University of Massachusetts, Amherst. He’s currently pursuing activism on issues related to digital rights: freedom of information, privacy, and copyright; while also taking an interest in information security. He is the director and founder of Free Barrett Brown, a support network, nonprofit advocacy organization and legal defense fund formed for the purpose of assisting the prominent internet activist and journalist, Barrett Brown, who is the founder of Project PM.

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Native Hawaiian Prisoner Transfer to Arizona Private Prison

Hawaii is know for sending more prisoners across state lines than any other state. According to the Native Hawaiian Legal Corporation, a disproportionate number of those prisoners are Native Hawaiian inmates.  Because of over crowding, Native Hawaiian inmates are transferred from a Hawaii state prison to a for-profit Corrections Corporation of America prison in Arizona. This particular CCA private prison however was built specifically for Native Hawaiian inmates, yet they’re denied cultural and religious rites. Additional transfer impacts include difficult reentry back into Hawaii, away from family and homeland, and no opportunity for proper atonement.

Attorney Sharla Manley:

  • We’ve been involved in a lawsuit for 2 years concerning the impact of Hawaii’s policy of transferring inmates to the mainland. Native Hawaiians.
  • Native Hawaiians are the indigenous people of the state of Hawaii. They have a similar experience to American Indians on the continent.
  • Our firm focuses on Native Hawaiian rights and the focus on what self determination remains despite the history.
  • Native Hawaiians are disproportionately incarcerated. They are transferred more often than any other racial group.
  • The state of Hawaii creates a menu of prisoners, for private prisons to select.
  • Our focus on the transfer is very narrow, the Native Hawaiian prisoners who still want to adhere to native traditions and practices.
  • In Arizona you don’t have access to cultural teachers and spiritual advisers who could provide the kind of guidance or counseling, really the kind of instruction of passing on a tradition.
  • The Native Hawaiian women were being transferred for a period of time, but there were so many sexual assaults, the state finally brought them back.
  • You’re taking away the men, breaking the cultural transmission because many of these men are fathers, grandfathers. Yes they would be in prison here, but there is a difference when your family can see you on the weekends.
  • In effect, it’s a form of cultural genocide.
  • I’m beside myself as to why this hasn’t been rectified at this point. There’s not even a plan really.
  • This is an issue that is personal for me. I am Native Hawaiian, and know what its like to have someone in your community, in your family to be effected by the criminal justice system.

Guest – Attorney Sharla Manley, with the Native Hawaiian Legal Corporation.  Sharla Manley joined NHLC as a staff attorney in 2010. Before joining NHLC, Sharla was an associate at an international law firm in Los Angeles in its global litigation department for over three years. In addition to handling commercial litigation matters, she also took pro bono cases, involving voting rights, asylum, and California’s Unruh Civil Rights Act. Also, Sharla was an associate at a plaintiff-side class action firm where she primarily handled appeals of wage and hour cases before state appellate courts and the Ninth Circuit.  Before law school, Sharla was a policy analyst on Native Hawaiian rights at the Office of Hawaiian Affairs. She focused on water rights and the impact of military activities on cultural resources in Makua Valley.

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Solidarity Sing A Long: Wisconsin Labor Protests Continue

The noontime sing-along has protested Gov. Scott Walker’s policies daily at Wisconsin’s Capitol since March 11, 2011.  However, a new round of arrests began two weeks ago and more than 100 citations have been issued to protesters by Capitol Police.  But this is in addition to nearly 200 citations already since July 2012 when the Department of Administration began enforcing new permitting requirements for gatherings in state facilities. What is the noontime solidarity sing-along protest?

Attorney Jonathan Rosenblum:

  • When you have a new governor who within weeks in office describes his legislation as a bomb,  which was to end collective bargaining for public sector workers.
  • This led to more than a hundred thousand people, multiple times on the square where I’m sitting right now here on Wisconsin Avenue.
  • Beyond the anti-union agenda, this governor has come in with a pedigree from ALEC, the American Legislative Exchange Council. He as a legislator in the same building was a member of ALEC, was a proponent of its agenda.
  • His agenda as it moved along, was to remove vast numbers of children from medicaid, of claiming a jobs agenda would bring Wisconsin to the top in the United States, instead it plunged to the bottom.
  • He eliminated funding for high speed trains, instead the trains for Wisconsin are now sitting in Oregon.
  • The main point about this governor is about closing the doors of this government to the public.
  • Even the union legislation that led to the crowds was passed in violation of a Public Meetings Act.
  • Let me take you to March 11, 2011 when it all started. I was standing there with my friend Steve Burns, folks had slept in the capitol for weeks, the anti-union legislation was passed and signed that day and Steve had printed up a few copies of a songbook that had the dome of the capitol opening up with musical notes on the cover of it and 10 tunes, the classics of the civil rights movement.
  • Several of them modified in the great Wobbly tradition.
  • This sing-along has preceded from that day March 11, 2011 without skipping a beat, every single week day since that date. More than 650 consecutive sing-alongs.
  • The sing-along is a joyful conglomeration. It’s reached about 300-400 daily as the crack down has actually caused a surge of concerned citizens to join us.
  • We Don’t Want Your Millions, Mister.
  • A Long Range Acoustic Device is being used. The police have started to use the recordings of Chief Irwin’s declaration of unlawful assembly to blast into the rotunda so nobody misses it.
  • They use the siren that ramps up to 150 db to disable people. They haven’t put it to that level yet.
  • The State Capitol Police are in a bind. They have their orders, most are executing them with a little more zeal than they should. Some of them seem to be maintaining friendships that they had before with the singers.

Guest – Jonathan Rosenblum, PRWatch.org contributor, an author, award-winning journalist, and practicing lawyer. His book, Copper Crucible: How the Arizona Miners’ Strike of 1983 Recast Labor-Management Relations in America (Cornell University Press, 1995; Second Edition, 1998) was named as one of Princeton University Library’s “Ten Noteworthy Books in Industrial Relations and Labor Economics” in 1996.

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