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Law and Disorder December 16, 2013
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NYPD Chief Bill Bratton – Broken Windows – Stop and Frisk
New York City Mayor-elect Bill de Blasio announced Mr. Bratton’s appointment as the new commissioner of the New York Police Department this month. He lauded Mr. Bratton’s work in Los Angeles, saying he could police fairly while still bringing down crime. After a 7 years leading the Los Angeles Police Department there’s been an increase in police presence among the homeless in and around Skid Row, plus excessive stops of pedestrians especially in poorer communities.
- Broken Windows is a program that Bratton began in New York with a sociologist that he worked with.
- It’s basically the theory that if you stop the petty issues, you prevent greater crime.
- I use that example because in Los Angeles that’s exactly what they started doing – arresting people on Skid Row for littering, and littering could be the ashes that fell off their cigarette.
- It didn’t reduce crime, it created a statistical reduction.
- Bratton used to do a radio show Ask The Chief on one of the radio stations (In Los Angeles)
- I sued him early and often on Skid Row in particular.
- They would stop every black man on the street, or someone they thought was homeless, cuff them, twist them. If they didn’t have a good ID they’d take em to the station.
- I do think that Bratton was good for the department at that time, and that he changed, from the time that he came til he left.
- We had one of the biggest police assaults on a peaceful crowd on May 1, 2006.
- The one thing I think is fair to say about Bratton is that he will take direction which is one thing he didn’t do before.
Guest – Attorney Carol Sobel, is a solo practitioner in Santa Monica, California. Prior to going into private practice, she spent 20 years working in various positions for the ACLU, including as Senior Staff Attorney for the last seven years she was at the ACLU. She has been involved in numerous significant cases in federal and state courts. Carol serves as local counsel for the Center for Constitutional Rights in Humanitarian Law Project v. Ashcroft and served on the Rampart Blue Ribbon Panel. Since 2002, she was named as one of Los Angeles’ Super Lawyers for Civil Rights. Attorney Carol Sobel is a graduate of the Peoples College of Law.
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Wikileaks Reveals Quiet Plans and Secret Meetings Behind Trans-Pacific Partnership
Have you heard about the Trans Pacific Partnership? We mentioned it in an update a couple weeks ago. It’s described as an agreement to enhance trade and investments, promote innovation and economic growth among 12 trans-Pacific countries. Those countries include the US, Canada, Japan, Mexico, New Zealand, Australia, Brunei, Chile, Malaysia, Peru, Singapore and Vietnam. As negotiations and talks continue among the countries, much of it is done in secret including an international trade treaty that could have far reaching effects on internet services, copyright law and civil-liberties.
George Kohl:
- It masquerades as a trade deal but its really an economic integration agreement which represents 40 percent of the world’s economy and its a series of countries that circle the Pacific Ocean.
- Its secret negotiations. Unlike most negotiations where you would know what the objectives are of this trade deal. What are the objectives our country is seeking? None of that’s available.
- Congress can’t see what the text is and yet there are 600 corporate lobbyists who get to weigh in and make suggestions.
- It’s a major economic agreement that governs investment. It governs the rights of companies to sue corporations. It governs environmental regulations in our country.
- It governs health and safety regulations here. It will impact food labeling for example.
- We (CWA) were pushing a bill that said if you talk to a call center, you should know where that person works. You should be able to talk to somebody in the United States and that your information should be protected.
- A bill like that could be viewed as interfering with trade and the TPP and the trades that get negotiated would supplant the ability to implement language like that.
- They (TPP) sets up situations that already exist in which companies can sue a country for having environmental protections. Right now there are 14 billion dollars worth of suits where companies are saying my right to gain profit was obstructed by these environmental or other kind of regulations.
- Why is it and who set it up where we open up a trade agreement to Vietnam which pays 20 cents an hour as a minimum wage, which only drive down our wages.
- The objectives that we have in a trade agreement is how do we promote collective bargaining? How do we create growth that benefits working people and that’s not in this picture.
- We’ve got a government that is supposed to be acting of and by the people and instead our government is acting of and by international corporate interests.
- All of this is about creating a structure that lets companies maximize profit but really doesn’t deal with people in their daily lives.
- Where we are at right at this moment is telling Congress that NAFTA didn’t work. There was a promise of 200 thousand jobs, we lost 700 thousand jobs.
- Recently we had a Korea trade deal and promised 70 thousand jobs but we lost 40 thousand jobs.
- People need to reach out to their Congress person now and say be against the Trans-Pacific Partnership.
- You have to ask why is our government acting on behalf of this company (corporations) why isn’t it acting on our behalf?
Guest – George Kohl, Senior Director at the Communications Workers of America.
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Reform Measures For MetaData Collection, the NSA and EPIC
We take a wide look on recent stories about data mining and privacy, data aggregate corporations, the legal fights to protect personal information and the NSA. Recently a Congressional inquiry revealed how local law enforcement made nearly 10 thousand requests last year for what are called “tower dumps.”
- I think that the core issues that were identified in the letter from the six companies are important issues. Especially the issue of ending bulk surveillance, of increasing transparency of the intelligence process and of improving oversight.
- There are reforms in a number of different areas. We’ve been pushing for transparency of NSA intelligence gathering in the context of criminal investigations for example.
- We’ve been pushing on the intelligence and judiciary committees of Congress and the government to provide public accountability for these programs so people can understand how they function.
- The bulk collection of meta data. . . that program needs to end.
- There’s a bill in Congress right now proposed by Senator Leahy and Rep Sensenbrenner that would end the bulk collection of telephone records if passed today.
- There’s a competing bill introduced by Senator Feinstein and other intelligence committee heads that would enshrine the current bulk collection of telephone records in law.
- Its great to have these companies on board for these reforms but at the same time we’ve been pushing for a number of years for these companies to do more themselves to protect their users.
- Housing this data alone, creates the opportunity for government surveillance in the first place.
- The answer has to be transparency and public oversight of the programs.
- The transparency reports that Google and Apple have published have been impressive documents. They’re putting forward the type of data that they collect on users and the type of data that’s turned over to law enforcement.
- Location data is uniquely sensitive in terms of telephone records because it reveals where a person is, where they go, their associations, their behaviors and can also reveal whether they’re in a private place like a home.
- EPIC is a public advocacy organization and we really seek to inform the public about current and important privacy issues.
- One area of our work is the open government field. We file FOIA requests seeking records on government programs, typically federal agencies. We’re looking at what DHS is doing, what the FBI is doing.
- I worked on a case where we were able to get thousands of records from the FBI on cell phone surveillance technology they use called the Stingray.
- It’s a technology that can be used to intercept cell phones or content.
- I believe that we can build a system where we have oversight mechanisms in place that we can all trust.
- Our organization was founded on strong encryption technology in 1990s where the NSA at the time was trying to establish the “Clipper Chip.”
Guest – Attorney Alan Butler, is the EPIC Appellate Advocacy Counsel. He manages the Appellate Docket at EPIC, including the Amicus Program, and authors briefs in significant privacy, civil liberties, and national security law cases. Recent cases include In re EPIC, United States v. Jones, Clapper v. Amnesty International USA, and Maryland v. King. Mr. Butler focuses on a range of privacy law subjects including the Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act (ECPA), location privacy, and other digital Fourth Amendment issues.
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Law and Disorder December 9, 2013
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Updates:
- Djamel Ameziane Sent From Guantánamo Prison to Algeria
- Remembering Nelson Mandela As One Of The Founders Of ANC Military Wing
- Heidi Boghosian Reads From Mandela’s Rivonia Trial Speech
- Audio of Mandela’s Rivonia Trial Speech
- Text of Mandel’s Rivonia Trial Speech
- President Clinton Left Nelson Mandela On The Terrorist Watch List
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Judge Ruling Allows Detroit Bankruptcy To Move Forward
This summer we spoke with retired auto worker and activist Dianne Feeley about the plans to wipe out the pensions and health benefits of all current and retired city workers by emergency manager of Detroit, Kevyn Orr. We also looked at the history of workers in Detroit from the perspective of black workers and the broader pattern of oppression. Last week, a ruling by Judge Stevens W. Rhodes of the U.S. Bankruptcy Court allows the city of Detroit to move forward in the bankruptcy process. The cradle of the American auto industry will now be allowed to pay off debts and restore essential services.
- It is the first time that a bankruptcy judge that pension obligations constitute contractual obligations that are subject to diminution in bankruptcy.
- Although its rattled pensioners nationwide, its really not that extraordinary.
- The healthcare was never protected by the Michigan Constitution. Everyone has always known that healthcare was subject to modification by the city.
- The cuts in health care are going into effect I believe in February for city employees.
- When we’re talking about the pensions we’re talking about the retirees both the firefighters and policemen unions retirees.
- The city maintains that the plans are underfunded by 3.5 billion dollars.
- The union believes that number is vastly inflated based on projected returns that are too low. Whatever the number is its somewhere between 800 million and 3.5 billion.
- The policemen and firefighters don’t have the benefit of social security.
- You’re not talking about a lot of money going to any individual so if you cut the pension to any particular individual its obviously going to be a major cut for that individual.
- The major problem that Detroit has suffered was a vast decline in population.
- It used to be a much larger city. It’s footprint is still a very large city but the number of people living in that footprint is much smaller than it used to be.
- Among that small population there’s an even smaller number of people actually working and paying taxes.
- So the money coming in to meet the obligations of Detroit has been constantly shrinking.
- Detroit’s obligation to retirees in terms of pensions and healthcare is up at 38 percent and rising constantly. – and in addition we had severe mismanagement of city government including criminality. I’m sure everyone knows our former mayor is now in prison.
- My guess is the pensioners will be hit far less severely than the bond holders. Bond holders are making an investment and taking a risk.
- That’s what bankruptcy is about is all people who have done something to become creditors to the city and they’re not going to get what they deserve.
- That’s the problem, everybody is deserving, everybody should get paid.
- The problem is not that the governor has suddenly taken away the democratic rights of Detroit. We’ve had an emergency manager law for many years in the state of Michigan.
- Detroit is the latest and the biggest to have that happen.
- The next stage is a presentation of a plan of adjustment which he will present to creditors at the end of this month and file with the court at the beginning of January.
Guest – Professor Laura Bartell, after graduating from Harvard Law School, where she was an officer on the Harvard Law Review, she clerked for Judge Alvin B. Rubin of the U.S. Court of Appeals for the 5th Circuit in New Orleans. She then entered practice in New York where she became a partner in Shearman & Sterling, specializing in bank financing and bankruptcy work. She is a member of the American Law Institute and American Bankruptcy Institute and has published articles on bankruptcy topics, federal court-awarded attorneys’ fees and costs, and the attorney/client privilege and work-product doctrine. She teaches Property, Secured Transactions, Bankruptcy and Creditors’ Rights and Effective Oral Communication for Lawyers.
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Terrorist Watch Lists and No Fly Lists Cases
How do governments compile lists called no-fly lists of individuals often placed on terrorist watch lists? As we’ve seen, the predictions about individual behavior of Muslims, Communists or Japanese-Americans have often been wildly inaccurate and cause a great deal of harm to these communities. Today to discuss the no-fly list and a recent case proceeding through the courts is returning guest Shane Kadidal senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights in New York City.
- There are broad watch lists and there are lists that people are more familiar with in concept and that’s what being litigated out in California, somebody placed on the no-fly list.
- There are two kinds of no-fly lists, there’s the selectee list where some where on the order of tens of thousands of people are designated for additional security checks when they go through the TSA.
- Then there’s the smaller list which contains several thousand names that sometimes you hear referred to as the no transport list. That’s people who can’t board a flight under any circumstances.
- The US shares its list at times with other countries. We don’t know how much sharing exists.
- The case in California is super interesting because the person who got stopped doesn’t seem like the kind of person that would get stopped except for the fact that she wears a hijab.
- The Terrorism Screening Center is responsible for putting people on the list.
- The interesting thing about this case is that daughter that was put on the list was 14, eight or nine years ago and is now a lawyer in Malaysia and was supposed to testify and was told by Malaysian airlines you are on the no-fly list.
- She’s seeking damages because she couldn’t fly back. This is really the first case to get to trial basically.
- The ACLU has a challenge to which kind of a pure due process challenge case in a case called Lateef v Holder.
- You got put on a list and there’s no real process for challenging those facts.
- If its an accidental match, somebody has the same name as you, or close to you. You can go through this challenge procedure called TRIPP.
- If you win your challenge, they’ll give you a number that you can enter in when you buy your plane ticket.
- CCR along with the Clear Clinic at CUNY Law School filed a case at the beginning of October. The gist of it is that people will end up on the no-fly list and if you complaint about it the FBI will say, if you talk to us you can be taken off the list if you agree to work as an informant on the Muslim community.
- What’s interesting about the couple thousand names (no-fly list) which is much smaller than the number which are on these lists intended to intercept terrorism finance like the list the treasury department maintains like a 500 plus page phone book.
- You can imagine that there might be some logical rationale behind having a short list of people who get a little scrutiny and hope it has more due process than the selectee list has now.
- But the fact that there are some people who are not allowed to fly under any circumstances with any level of search scrutiny that doesn’t seem to make any sense and seems to fit very neatly into our complaint.
- I question if this list can make rational sense.
- Typically if you’re on the no-fly list you get turned away. Typically you don’t get arrested.
- OFAC list, is sort of a list of parties you’re not allowed to do business with. It combines not only sanctions directed at whole countries but also the variety of sanctions directed at terrorism finance.
- This is just like other cases where secrecy is at the core of the defense of the program.
Guest – Shane Kadidal, senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights in New York City. He is a graduate of the Yale Law School and a former law clerk to Judge Kermit Lipez of the United States Court of Appeals for the First Circuit. In his eight years at the Center, he has worked on a number of significant cases in the wake of 9/11, including the Center’s challenges to the detention of prisoners at Guantánamo Bay (among them torture victim Mohammed al Qahtani and former CIA ghost detainee Majid Khan), which have twice reached the Supreme Court, and several cases arising out of the post-9/11 domestic immigration sweeps. He is also counsel in CCR’s legal challenges to the “material support” statute (decided by the Supreme Court last term), to the low rates of black firefighter hiring in New York City, and to the NSA’s warrantless surveillance program.
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Law and Disorder December 2, 2013
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Updates:
- Jeremy Hammond Sentenced to 10 Years With 3 Additional Years of Supervised Probation
- Jeremy Hammond and Barrett Brown Were Outspoken In Exposing Corporate Collusion With The Government In Conducting Intelligence
- Sarah Kunstler Argument On Behalf Of Jeremy Hammond
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The Cuban Five Case Update: Attorney Martin Garbus
We’re joined today by prominent First Amendment attorney Martin Garbus to get an update on the Cuban Five case. Martin joined the case of the Cuban Five last year and had concentrated his efforts to expose how U.S. government paid journalists in Miami received hundreds of thousands of dollars from the office of Cuba broadcasting to slant the story against the Cuban Five. There’s a lot going on with the case lately such as a habeas corpus appeal, and a NSA / FISA related motion.
- In 1996, 4 planes from Cuba shot down Brothers to the Rescue planes that’s a right wing group that operates in Miami and has over the years made intrusions to Cuban air space.
- After years of negotiations with the Cuban government and the American government where the American government said they would everything they could to stop these flights.
- Washington intended to do that but by the time it got down to Miami, the orders were ignored.
- So these planes went up in Feb 1996 and were shot down over Cuban air space.
- At the trial the jury concluded that the planes were shot down over international waters. They also concluded that the defendants in this case played some kind of role in the shoot down.
- Both administrations at the time (Bush / Clinton) wanted to be very hard on left wing Cubans or Cuba itself by pressing this prosecution.
- Although the shoot down was 1996, and the government had all the information it needed, it didn’t arrest these defendants until 2 and half years later.
- There was a conviction, at first the appellate court set aside the conviction. Lenny Weinglass argued that brilliantly in that a motion for change of venue should’ve been granted.
- Ultimately, that’s rejected, the Supreme Court denies cert, I get involved in the habaes corpus petition and that’s what we’re talking about now.
- We’re about to file other papers about NSA surveillance which has been revealed recently arising out of Snowden’s revelations.
- What I’m now telling you has not yet appeared anywhere else.
- The defense lawyers in the case, as they prepared the case itself, from the time they were appointed in 1998, to the time of the conviction, and now, Lenny Weinglass leading the defense, – these lawyers traveled back and forth to Cuba.
- We now understand and this applies to you, this applies to anyone who goes to Cuba.
- Anytime you go to Cuba, you’re picked up by NSA surveillance.
- The NSA listening post, the prime one was in Puerto Rico and it was made up largely of US Navy personnel, assigned to the Naval Security Group which is an NSA component.
- When I got back to the United States (from Cuba) they would continue to monitor me. If I were a defense lawyer, my communications with my client would gathered and sent to the FBI and Department of Justice.
- That’s the motion we’re about to file in the next 2 weeks.
- The Solicitor General, on October about 6 weeks ago, admitted there had been surveillance of cases where there had been convictions.
- Our case presents unique problems, Cuba at that time was designated a terrorist state.
- I’ve got the details in the way information was intercepted.
- A large part of the NSA budget last year I think was 52 billion dollars. 25 percent of it is for the CIA.
- What the CIA was doing under the umbrella of the NSA was exactly what the Church Committee said they couldn’t do.
- Journalists that worked for the Miami Herald or CBS, or local Spanish stations . . on the government payroll.
- The stations or newspapers that hired these journalists, didn’t know that they were also getting monies from the government. In 2006, the Miami Herald found out about it.
- One journalist got 286 thousand dollars.
- If you look at the Radio Marti stories, and you look at the Miami Herald stories, you have the same sentences, same paragraphs and its clear its coming out of a central cookie cutter.
- The Radio Marti budget was 15 million dollars a year.
Guest – Attorney Martin Garbus, one of the country’s leading trial lawyers. He has appeared before the United States Supreme Court and the highest state and federal courts in the nation. Time Magazine has named him “legendary . . . one of the best trial lawyers in the country.” He’s also known as the most prominent First Amendment lawyer.
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The course of events that led to NATO’s intervention in Libya is outlined in our guests Horace Campbell’s recently published book Global NATO and the Catastrophic Failure in Libya: Lessons for Africa in the Forging of African Unity. He traces the origin of the Libya conflict in the context of the Arab Spring uprisings and argues how NATO is used by the North American and European capitalist class to impose its political will on the rest of the world. It’s a new model, he explains, of bombing campaigns, militias, terrorist campaigns and private contractors. This NATO campaign caused many civilian deaths and destroyed Libya’s infrastructure. We talk about the broader attacks on the African continent and the investigations into the US embassy killings.
- The revolutionary upheavals that took place in Tunisia and Egypt have had great implication for all societies in this region.
- Libya which has been underdeveloped politically was a place where the western powers manipulated which was supposed to be an insipient uprising in Benghazi, militarized it and turned it into a base for the destabilization for all of North Africa.
- Today as we speak they continue to manipulate what is going on in the Libyan society.
- The book is called Global NATO because the governments of the North Atlantic region, namely the United States and its western European allies to internationalize the basis for military intervention by this NATO.
- NATO was created by this cold war instrument with a mandate to defend western Europe.
- NATO is in alliance with the most conservative countries in the Middle East called the Gulf Cooperation Council.
- We’ve had an attempt by the Wall Street elements to use NATO as an instrument for the United States military management of the international system.
- Why was NATO intervening? To control the resources of Libya, to destabilize North Africa, to stop the African Union project and to create confusion by supporting the same al-Qaeda elements that they’re supposed to be fighting in the “war on terror.”
- These are the reasons why the Left and the peace movement should have opposed the NATO intervention.
- Just like in Syria and Iran, there’s confusion among the Left and progressive forces about what’s going on.
- We need a resolution with responsibility to protect inside of Libya. To protect from the forces of NATO and to protect the Libyan people from the militias that have been unleashed by al-Qaeda, supported by the CIA and NATO.
- President Obama exercised intense pressure on the South African presidents and other presidents. I think he telephoned directly for them to vote for this resolution.
- The matter of Libya is not over.
- The same NATO that created the problem in Libya, the same United States, France and Britain is now seeking the support of Congress to go into Libya, into the same place that they created the problem.
- The U.S. designs on the continent of Africa is quite confused at the moment. It’s confused because of the assertiveness of the African Union and the African people.
- It turns out as we’ve seen in Libya, that it is the United States and the western forces that are supporting jihadists who are called terrorists. We’ve seen in a place like Somalia where the African people themselves through the African Union have been able to bring some stability to Somalia.
- There’s no military body that monitors the work of private military contractors.
- Now the peace movement should be calling for a reduction in the military budget.
- In the case of Libya, General Petraeus was using Benghazi as a base to recruit conservative Islamic fundamentalists from Libya to go to Syria to fight.
- Here’s a web of conspiracy of military, of Israel, Saudi Arabia and the CIA fomenting instability all across North Africa and the Middle East.
- There was no consulate in Benghazi, this was a CIA facility that was being used to support al-Qaeda elements.
- We have a situation in Libya where the country is in complete disarray. There’s no law, there’s no order. The people of Tripoli demonstrated two weeks ago against these militias and 40 people were killed.
Guest – Professor Horace Campbell is Professor of African American Studies and Political Science at Syracuse University. His recent book is Global NATO and the Catastrophic Failure in Libya. He is author of: Rasta and Resistance From Marcus Garvey to Walter Rodney; Reclaiming Zimbabwe: The Exhaustion of the Patriarchal Model of Liberation; Pan Africanism, Pan Africanists and African Liberation in the 21st Century; and Barack Obama and 21st Century Politics.
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