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Law and Disorder April 15, 2013

SCIGreene russell1

Political Prisoner Russell Maroon Shoatz Update

We welcome back Bret Grote, a member of Russell Maroon Shoatz’s legal team. Political prisoner Russell Maroon Shoatz who has spent 39 years in the US prison system. As many listeners may know, Russell Shoatz has been held under intense lock down spending no more than one hour a day outside of his cell for the past 21 of those years. He was locked up in 1972 for his activity as a member of the Black Liberation Army.  Bret gives us an update in recent developments of the case.

Bret Grote:

  • Almost 2 weeks ago, I went to SCI Greene with a member of the legal team and Maroon’s son, Russell Shoatz III, and when we went into the visitor’s lobby we were informed that he was no longer there.
  • After 18 years at SCI Greene which has the largest restrictive housing units which is the solitary confinement units, he had been transferred to SCI Mahanoy which is where Mumia Abu-Jamal is currently located in the general prison population.
  • He was transferred there Thursday March 28, 2013, we put in calls the next day to inquire what was going on.
  • We actually know this move is in response to the growing pressure campaign that is being waged. The growing support around the country and the legal team having increasing visits.
  • The legal team is Dan Kovalic who represented Maroon in his due process based challenge in solitary confinement in the late 90s. There are also 2 attorneys from a large international litigation firm.
  • There’s Dustin McDaniel, who along with myself has formed an organization called the Abolitionist Law Center and five students working on his case.
  • There was a letter sent to Secretary Wetzel’s office stating that if he’s not released into the general prison population within 30 days a civil action will be filed.
  • The major one is the 8th Amendment on prohibition of cruel and unusual punishment. The law on solitary confinement is not very good but its also emerging in response to the 30 year emergence of this type of supermax style long term lock down as an affirmative policy of prison management.
  • The basic rule of law is that solitary confinement is not unconstitutional per say, but there needs to be a fact specific inquiry into conditions of confinement and also the degree of harm that is imposed upon the prisoner.
  • The prison officials need to demonstrate indifference to the deprivation of basic human needs.
  • There are some other grounds that are being put forward to challenge solitary confinement. One of these is happening in the state of New York right now, where the NYCLU has begun representing an individual who was bringing a case pro se.
  • Duration is one of the considerations that’s supposed to be taken into account by the court.
  • The Supreme Court has been clear that the duration of deprivation is very significant for constitutional purposes.
  • Maroon escaped from prison twice. After solitary confinement he was released in the general prison population at the state correctional institution in Pittsburgh in 1982.
  • At this point Maroon had made a political decision. He had become part of the Pennsylvania Association of Lifers. This was a group approved by the prison authorities. After Maroon became involved and other lifers became involved to take more active role in their interest, more than 100 people began attending meetings there.
  • They put him in solitary confinement based on participation in unauthorized meetings even though all the meeting spaces had to be opened by staff.
  • Since 1989 he’s had only one disciplinary infraction while in the prison.
  • Covering the vent in his cell, it was blowing cold air – SCI Greene.
  • Maroon was constantly engaging all the other prisoners in educational seminars, studying lessons on geography, on history on working with people to transform their criminal consciousness into community oriented activist consciousness.

Guest – Bret Grote, member of the Russell Maroon Shoatz legal team and member of the Abolitionist Law Center.
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MAP3-draft-v1 morning_after_pill_process_large

Court Orders FDA to Remove All Restrictions on the Morning-After Pill

After a multi-year grassroots campaign and an equally long lawsuit, the morning after pill will finally be available to females of all ages on the pharmacy shelf, without a prescription or point of sale or age restriction. This is thanks to a recent federal court reversal of decisions from the FDA and DHHS, under both the Bush and Obama Administrations.  The US now joins at least 63 other countries including the UK, Denmark, France and Ghana in making the morning after pill available without a prescription.

Attorney Andrea Costello:

  • The case was originally file in 2005 and this was after the FDA had really stalled out and delayed for years in its decision making in whether to put the morning after pill over the counter.
  • Originally the morning after pill was prescription only and had to show identification in order to get it.
  • In 2005, the government made a decision to make Plan B available for women over 18.
  • Under President Bush, decisions were made by high level officials within the FDA to deny access to the morning after pill to women and girls. That was really an effort to appease the administration’s constituents.
  • It was based on anti-birth control politics and not science.
  • In 2011 for the first time in history, we saw Health and Human Services under the Obama Administration overruling a decision by the FDA when the FDA decided it wanted to put the morning after pill over the counter without an age restriction.
  • The lawsuit has always asked for unrestricted access to the morning after pill and all forms of the morning after pill meaning emergency contraception for all women and girls in the United States regardless of age without any restriction on how its sold.
  • In the history of our country no one has ever had to show their identification in order to get birth control.
  • I think of this victory as building on the pioneering work of our feminist sisters in the National Lawyers Guild that I’ve had the opportunity and honor to work with.
  • Catherine Roraback and Rhonda Copeland, Carol Sobel, Mara Verheyden-Hilliard
  • We will be looking forward to seeing it in the grocery stores in 30 days.

Guest – Attorney Andrea Costello, Partnership for Civil Justice Fund Senior Staff Attorney representing the NWL Plaintiffs.

armeniadeathmarch NYTimes-Armenian-Gen

It Was Genocide: Armenian Survivor Stories

99 years ago this month marks the beginning of the systematic implementation of a plan to exterminate the Armenian race. Carried out by the Young Turk government of the Ottoman Empire, over half of the Armenians living in the Empire were killed.

To commemorate this, the first genocide of the 20th century, Law and Disorder co-host Heidi Boghosian and producer Geoff Brady present part of the 90-minute program titled, It Was Genocide: Armenian Survivor Stories.

We wish to thank WBAI for their commitment to recognizing the Armenian genocide, and are grateful to the following individuals for opening their hearts and sharing the difficult memories of the past: Jennie Garabedian, Harry Mazadorian, Roxy Garabedian, Lucy Simonian, Roxie Maljanian, Mary Abrahamian, John Maljanian, Agnes Karanian, Ruth Swisher, and Artie Shahverdian.

For stations that want to air full 90 minute documentary

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Law and Disorder April 8, 2013

Updates:

  • Please Sign the Lynne Stewart Compassionate Release Petition
  • Please Also Write to: Charles E Samuels Jr. / Federal Bureau of Prisons /
  • 320 1st Street Northwest / Washington DC 20534
  • Anniversary of Collateral Damage Video Release
  • University Stadium Victory – GeoCorp Prisons

closegtmo

Guantanamo Hunger Strike Update

Attorney Omar Farah speaks with Michael Ratner about a hunger strike at Guantanamo Bay Prison with more than half of prisoners from Camp 5 and 6f participating. Farah says the hunger strike was triggered by an arbitrary crackdown by the prison administration including cell searches and a search of the prisoner’s Qurans. This is viewed as out right desecration. More than half of the entire prison population has been cleared for release by every prominent national security and law enforcement agency in the US government, that includes the DOD, DHS.

Guest – Omar Farah joined the Center for Constitutional Rights in 2012 as a staff attorney in the Guantanamo Global Justice Initiative. Omar was previously in private practice, working mostly in the area of international commercial arbitration. Since 2008, he has represented several prisoners detained at Guantanamo Bay in habeas corpus litigation in federal court.
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brokersofdeceit Palestine_Map_2007_(Settlements) rashidkhalidi11

Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East

While adviser to the Madrid and Washington Palestinian-Israeli negotiations, author and historian Rashid Khalidi collected documents, memos and meeting minutes as a research foundation for his recently published book Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East. The book focuses on 3 periods of opportunity for the United States to broker peace, one in the late seventies, the early nineties and 2010. This critical analysis addresses the basic distortions in language that has corrupted the peace processes. Rashid Khalidi is an American historian of the Middle East, 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, he joins us today to talk about his book and also the ongoing destabilizing hostility in Syria.

Professor Rashid Khalidi:

  • Let me read to you what Orwell says, “the slovenliness of our language makes it easier for us to have foolish thoughts. If thought corrupts language, language can also corrupt thought. Bad usage can spread by tradition and imitation even by people who should and do know better.”
  • The argument I’m making in this book is much of the language used by pundits and politicians about the Middle East and the so called peace process, between the Palestinians and the Israelis is really corrupt language.
  • One of the chapters in the book is devoted to the period when I was an adviser to the Palestinian delegation and negotiations from 1991-1993 starting in Madrid and continuing to Washington.
  • If you go back to Madrid in October 1991, there were under 200 thousand Israelis living in the occupied West Bank and occupied East Jerusalem. Today, there are nearly 600 thousand of them.
  • United States has been responsible for exacerbating the problem in effect by saying the only way to deal with this issue of occupation and settlement is through negotiations mediated by us.
  • The United States in the meantime has put its big thumb on the scale in favor of the Israelis preventing a resolution of the problems.
  • The first episode I talk about in the book has to do with the follow on to Camp David in the wake of the Lebanon War in 1982 when Israel invaded and 50 thousand Palestinians and Lebanese were killed and wounded.
  • I site at great length a now declassified document by a CIA analyst which one of my students actually found.
  • The idea of Palestinian self determination doesn’t exist anywhere in the Oslo Accords signed by the PLO and Israel in 1993 and afterward.
  • Autonomy and self determination are used by people in American political parlance and Israeli political parlance in ways that do violence to the real meanings of these words.
  • Obama fits the pattern of every president since President Carter, with the sole exception of George W. Bush.
  • Obama has adopted wholesale and entire Israeli narrative as to the idea that Israel is the victim.
  • There is a people in existential danger that’s the Palestinians, the people faced with elimination, extermination, not physically but as a collective.
  • Oslo was a terrible deal for the Palestinians. As a result of Palestinian failures since the 90s, a situation has emerged where we have one state and one sovereign body between the Mediterranean and the Jordan River.

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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john20toweryaa portresist2

 Judge Oks Civilians Right to Sue Military For Spying On Peace Activists

In a recent ruling, the Ninth Circuit Court of Appeals ruled that a lawyer’s challenge to military spying on peace activists can proceed. This ruling is the first time a court allowed civilians to sue the military for violating their First and Fourth Amendment rights. National Lawyers Guild attorney Larry Hildes brought the lawsuit Panagacos v Towery in 2009 on behalf of a group of Washington state antiwar activists who discovered they were infiltrated for 2 years by John Towery, an employee at a fusion center inside a local Army base. The antiwar activists group Port Militarization Resistance sought to oppose the wars in Iraq and Afghanistan through civil disobedience. The lawsuit also names, the Army, Navy, Air Force, FBI, CIA, Department of Homeland Security and other law enforcement agencies.

Attorney Larry Hildes:

  • Brendan Dunn was activist in Olympia, he was arrested in Seattle basically for sitting while anarchist.
  • The Olympia Police Department cracked down on the Wobblies and the IWW for having newspaper boxes for which they paid for and took all the papers.
  • We got them back, but Brendan got curious about what was going on, did a state public records act request for all emails and all intelligence to the city of Olympia concerning anarchists or the IWW.
  • What he got back instead was hundreds and hundreds of pages of what are called “force protection memos” and “threat assessments” from Ft. Lewis about Port Militarization Resistance, a group that he was involved with that did protest against the use of public ports for shipment of Striker Brigade equipment to the occupation in Iraq and Afghanistan.
  • He started looking at them and every police department and every military agency from north of Seattle to Portland was on this list. The FBI was on this list, Homeland Security, every branch of the military.
  • It was detailed discussions of what PMR was planning, what they were going to do, how to fight it. The author of a lot of this was John Towery.
  • PMR looked Towery up on Facebook and there’s a picture on Towery’s FB page of John Jacob who had been coming to PMR meetings for several years. Very closely involved with PMR in fact he ran their list serve on Rise Up.
  • So they did some more checking. They looked up his voter registration, they got an address and the address matched John Jacobs.
  • He was 20 years older than everyone else. I don’t know how but he blended in. He went to events, he brought his kids. He was very very good at what he did.
  • Brendan considered him a close friend. Brendan and another member confronted him at a cafe in Tacoma and he said “yes, I’ve been spying on you. I’m doing it for your own good, there are other spies watching you that mean you much more harm than I do.”
  • We do know that the Army at least one more spy. We caught the Coast Guard spy. There were 2 officers from the Tacoma Police Department’s Homeland Security Committee.
  • The police would show up at unannounced demonstrations. The MP’s, local police and state patrols would already be there and everyone would be arrested as they were getting out of their cars.
  • The Portland Militarization Resistance was a few dozen people. They were very creative, they had figured out a choke point for the military.
  • The equipment would go out 3 weeks before the troops. If they couldn’t get the equipment there. They couldn’t send the troops.
  • If they couldn’t send the equipment and the troops then no war.
  • The succeeded in scaring the heck out of the military by these very peaceful acts of civil disobediance.
  • They can’t arrest them before they get to the demonstration or before they even do anything.
  • They think dissent against their wars is the enemy which scares me a great deal.
  • Where else are they doing this, how much are they doing this?

Guest – Attorney Larry Hildes, an NLG member and one of the attorneys involved in bringing the case Panagacos v Towery.

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Law and Disorder April 1, 2013

Updates:

  • MOMA Suggested Donation Lawsuit

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el-igloo1 che-havana

Michael Smith and Dennis James Discuss Cuba Trip

Co-host Michael Smith and attorney Dennis James recently returned from Cuba on a trip led by the Center for Cuban Studies. Dennis is a civil rights lawyer formerly of Detroit and former Executive Director of the National Lawyers Guild.  The trip was undertaken to appreciate the fundamental changes now going on in Cuban law with respect to travel, home, car and business ownership. The discussion leads into the possibilities of an economic rejuvenation in Cuba.

Attorney Dennis James:

  • The people of Cuba had a strong identification with the revolution they made.
  • Cuba is theirs and nobody else is going to tell them how to run it.
  • They have a lot of complaints about shortages, but they’re very appreciative of the basic needs of life that are provided for.
  • The Cuban government did a thorough and multi-level canvassing of the population through its national assembly and committees for the defense of the revolution.
  • Talking to the people on the street, they remember this process that went on.
  • The government watches which enterprises make sense, which ones are succeeding.
  • The ones that are succeeding and paying taxes, employing people are encouraged.
  • Book: The Man Who Loved Dogs
  • Book: Cuba, What Everyone Needs To Know – Julia Sweig
  • There’s a colony of people in Melia Cuba that practice what they call naive art.
  • I think its naive in the sense that it’s self taught.
  • They do wonderful paintings, these are doctors, lawyers, bakers, bus driver, cops, sugar mill workers.
  • Their work is encouraged, given exhibits in Havana.
  • Sandy Levinson – The Center for Cuban Studies.
  • We’re not talking about the flag waving, hammer and sickle brandishing socialist realism of China and Russia, we’re talking about wonderful expressions of culture.

Guest – Dennis James, a civil rights lawyer formerly of Detroit and former Executive Director of the National Lawyers Guild.
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gaymarriageline SupremeCourtJustices

Supreme Court On Gay Marriage

Last week the Supreme Court heard oral arguments on two historic cases that could establish the constitutional right for gay marriage. The first case, Hollingsworth v. Perry is a challenge to California’s voter-approved ban of same-sex unions in 2008. Six months after the California Supreme Court endorsed gay marriage, voters passed Proposition 8 which amended the state’s constitution to only recognize marriages between a man and a woman. Lower courts had declared the gay marriage ban to be unconstitutional.  The second case the Supreme Court heard was a challenge to the 1996 Defense of Marriage Act. This act bars married gay couples from receiving federal marriage benefits such as Social Security and family medical leave.

Professor Katherine Franke:

  • On the Prop 8 case, I would certainly question the issue of standing which the court is from their argument also taking quite seriously.
  • It’s actually an incredibly important issue in civil rights law where groups of people want to assert an interest in an overarching public issue like the right to marry.
  • I’m of the view that this should never have been brought.
  • The movement lawyers really argued for Boise and Olsen not to bring the case. Boise and Olsen lobbied quite hard to keep the movement lawyers out of the case.
  • When the law gets out ahead, and the lawyers get out ahead of the movement that support them, often we do more damage than good when we get to the Supreme Court too soon.
  • We have movement lawyers in the lesbian and gay community and of course they don’t all agree with each other, its a complicated movement. But there was a sense that they were going to go state by state, and build legal consensus around the issue of marriage rights and around a set of arguments that weren’t going to hurt gay and lesbian people who didn’t marry.
  • Boise and Olsen thought they would do a better job raising the issue of marriage than the movement lawyers have. They’re carrying a brief for marriage, not a community who have a diverse set of interests, marriage being only one of them.
  • DOMA, the Defense of Marriage Act is a law that unfortunately President Clinton signed in 1996. It was basically a homophobic cry from the Congress to limit on the federal level any definition of a marriage to between a man and a woman.
  • If you’re a federal employee, if you’re married you can put your spouse and dependent children on you health insurance.
  • If you’re not married, you can’t.
  • Edie Windsor is the plaintiff in the DOMA case but when her partner of many many years past away, Edie inherited under the will, her partner’s property they jointly owned together. Under federal tax law it says if they were strangers to one another, so Edie had to pay about 360 thousand dollars in inheritance taxes for the property she had owned with her partner.
  • There was a coalition of large corporations that filed a brief and said actually
  • The political alignment on this issue has really shifted at a rapid pace in the last year.
  • I direct our center on gender and sexuality law.
  • I’m actually now teaching for the first time a class on the law of occupation so we’re looking at Iraq and Palestine and the United States, Puerto Rico and Hawaii. To understand whether the law can be a force for good when military force is like the Israelis or like the Americans occupying other sovereign states.
  • We’ve got a really great new project engaging tradition and thinking about arguments based in tradition, that have been used traditionally to undermine sexually based justice claims.
  • Those issues come up in the marriage context all over the place.

Guest – Professor Katherine Franke,  the Isidor and Seville Sulzbacher Professor of Law; Director, Center for Gender and Sexuality Law at Columbia Law School.

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