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Law and Disorder is a weekly independent civil liberties radio program airing on more than 150 stations and on Apple podcast. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.
Law and Disorder May 13, 2013
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Updates:
- Guantanamo Hunger Strike Update:
- Lynne Stewart Petition For Compassionate Release
- Michael Ratner Visits Julian Assange: Kissinger Documents
- Chris Hedges: The Death of Truth
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MOVE Bombing: 28th Anniversary
This week marks the 28th anniversary of an armed police mission in Philadelphia that ended in a helicopter bombing of the headquarters of the group known as MOVE. The fire commissioner in that city allowed a fire to rage unabated at 6221 Osage Avenue in West Philadelphia, killing six adults and five children, destroying 65 homes and leaving more than 200 people homeless. Despite two Grand Jury investigations, and a commission finding that top officials were grossly negligent, no one from city government was ever criminally charged. A recent film called Let the Fire Burn, chronicles the events leading up to the conflagration.
- The government, through the media had mislead people to believe that what happened in May of 1985 was because of complaints from neighbors which is absolutely not true.
- What happened on May 13, 1985 happened because of our unrelenting fight for the release of our innocent sisters and brothers known as the MOVE 9 who were arrested in August 1978.
- After years of abuse, physical abuse, judicial abuse by this system, MOVE babies being killed through miscarriage and a 3 week old baby being trampled to death by police, after countless unprovoked beatings of MOVE men and women, children, even pregnant women, MOVE people took a stand and said listen, we are uncompromisingly opposed to violence, we’re a peaceful people. We’re not stupid and we’re not masochistic or suicidal.
- We do believe in self defense which is the law, the law of life. There is not a species on this Earth that doesn’t defend itself, when threatened, when attacked.
- When MOVE took that stand, the government became enraged.
- They alleged housing code violations, and they wanted MOVE to move out of the home based on housing code violations.
- MOVE people wouldn’t go along with that. A judge gave MOVE people til August 1 to get out.
- On August 2, 1985, a judge issued warrants on any MOVE people he knew of including people he knew were not in the house.
- After the warrants were issued, hundreds and hundreds of cops were sent out to our home.
- They shot thousands of bullets into that house. The fire department used deluge hoses to flood our home.
- The officer that was killed was standing on street level while everybody including the police acknowledged that all MOVE people were in the basement of our home.
- This policeman was shot from a bullet traveling on a downward angle.
- Hours after I was arrested on August 17, the city sent a demolition team out and completely demolished MOVE’s home which was the scene of the crime.
- The MOVE 9 trial was a bench trial, not a jury trial.
- They did it to silence our righteous protest and our unrelenting fight for the release of our family the MOVE 9.
- They came out to our home on Mother’s Day, May 12 1985, with warrants they obtained on May 11.
- The Fire Department as in 1978 was their first mode of attack.
- They came out there to kill, that’s the bottom line.
- When their ten thousand rounds of bullets didn’t kill us, the water hoses, the tear gas didn’t do the job, they concocted a bomb made from powerful military explosives, C4.
- They got the C4 from the federal government, from the FBI.
- The state police helicopter flew over our home without any warning, and two Philadelphia Police bomb squad police officers dropped that bomb on the roof our home. It ignited a fire. They made a conscious decision not to put the fire out.
Guest – Ramona Africa, the sole adult survivor of the 1985 police bombing of the home occupied by members of the MOVE organization. Email Ramona – onamovelleja (at) gmail.com
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Assata Shakur Placed On FBI Terror List
Last week, the FBI placed Assata Shakur on its Most Wanted Terrorists list, while the state of New Jersey raised the bounty on her head to 2 million dollars. These actions fall on the 40th anniversary of the 1973 shoot out in in which police allege Shakur killed a police officer during a traffic stop on the New Jersey turnpike. Assata also known as JoAnne Deborah Byron is an African American activist was a member of the Black Panther Party and the Black Liberation Army. Assata Shakur: Understanding the politics behind the FBI’s new attack.
- I think why a 65 year old grandmother has been put on the FBI terrorist list is a reflection of the United States government’s fear of that which opposes it.
- Assata Shakur was part of the 60s movements . . . a movement that the Nixon administration attempted to criminalize, to say that political dissent and political opposition to the US government and its imperial moves around the world.
- She does fit the profile of what the US government has been trying to perpetuate for the last 30 years, in a sense an extension of COINTELPRO.
- One person’s terrorist is another person’s freedom fighter.
- Assata Shakur, her actions and beliefs is certainly not something that is beyond the pale but the US government view her as a terrorist.
- By placing her on this terrorist list, it’s a way of criminalizing dissent.
- Assata’s trial was moved several times, it was placed in counties that were mostly wealthy, mostly white where pre-trial publicity around the case had biased people in a major way against Assata Shakur.
- When the government wants to put someone away and they know they don’t have the evidence they want to do everything possible to both manipulate the venue and also bring in people whose predisposition will make them more likely to believe the government’s version of events.
- Assata was in a position to be put in prison for the rest of her life in these human-breaking conditions.
- The day before this happened, the US government refused to remove Cuba from the state sponsors of terrorism list. This is used in part for keeping Cuba on that list.
- Also to give a chilling effect to progressive movements in the United States.
- The US seems to be redefining what are terrorist actions and what its responses are.
- The lock down of Boston, the reclassification of Assata Shakur, the issuing of the drone memo of what eminence actually means.
- The US is attempting to create enough ambiguity in the statutes.
Guest – Eugene Puryear, Eugene is a writer and on the editorial board of the Liberation, Newspaper of the Party for Socialism and Liberations.
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CIW – Fair Food Program: Wendy’s
Last year Trader Joe’s and the Coalition of Immokalee Workers signed an agreement that formalized the ways in which Trader Joe’s support the CIW’s Fair Food Program, a hard won victory.. Since then efforts have turned to companies such as Publix supermarkets in Florida and the Wendy’s fast food chain. Recently, Fair Food activists across the country visited their local Wendy’s to deliver a message: It’s time to join the rest of the fast-food industry and support the Fair Food Program.
Emilio Faustino:
Translator Joe Parker:
- We’re farm workers who come from the town Immokalee, Florida that’s based in the Southwestern part of the state. Our community is a farm worker community and for many years we faced 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.
- We began our campaign focused on the big corporate buyers of the produce that we pick back in 2001 in an effort to improve wages and working conditions in the fields, we began with Taco Bell and from there had campaigns with McDonald’s, Burger King, until as you said 11 other companies came to the table to dialogue with farm workers and work to improving those wages and working conditions in their supply chains.
- We’re here in New York focused on Wendy’s fast food chain. For a number of years the coalition has been sending letters to the fast food chain asking them to join the Fair Food program. We launched a public campaign with them earlier this year but thus far they have ignored us.
- We want Wendy’s to do what most of these corporations have done, that’s pay one penny more for each tomato that they buy.
- We’re here for the Wendy’s shareholder action, and we’re going to be organizing an protest on Saturday, May 18, at 2PM at Union Square to send a message to company’s investors that this is something that farmworkers in Wendy’s supply chain really deserve. There will also be a number of actions taking place that day all over the country in a number of communities standing together with the CIW.
- Contact: www.ciw-online.org, email: workers@ciw-online.org, 239-657-8311
Guest – Emelio Faustino, farm worker, CIW activist living in Florida. He is among other workers picking tomatoes by hand for 10-12 hours per day, while getting paid 50 cents per bin, or about 200 to 283 dollars per week.
Guest – Joe Parker, CIW spokesman and translator.
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Law and Disorder May 6, 2013
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IRS Allows Private Prison Corporation Tax Exemption Status
Billboard companies, casinos and private prisons are among many American corporations declaring the status of special trusts in order to avoid paying federal taxes. The Corrections Corporation of America which owns and operates 44 prisons and detention centers in the United States has quietly received permission by the Internal Revenue Service to switch it’s status saving millions on taxes. These special trust structures however are usually reserved by funds holding real estate. As we’ve discussed on Law and Disorder handing over state related tasks such as running penal institutions to the private sector is often at the expense of the inmates’ welfare.
- REIT is increasingly popular these days as an investment choice by both some institutions and individuals.
- REIT’s by law have advantageous tax treatment, its a legal structure of ownership and it requires you to get a better tax structure to pay out 90 percent of your earnings in dividends.
- What you have is individuals and institutions, looking to get an income on their wealth and finding it difficult to find appealing incomes on that wealth.
- This drives them into the area of REIT, its a unit investment trust.
- The tax rates on dividends and capital gains are lower, than say the people who work for a living in standard jobs are then compensated then taxed.
- This was probably made famous in a comment by Warren Buffet who wrote a famous letter and proposed a solution now called the Buffet Rule.
- Tax based on labor income vs. investment income
- The real estate class of investments enjoys any number of special abilities to generate income and pay less taxes. One of them is ensconced in the law of Real Estate Investment.
- The Corrections Corporation of America, private prisons – – if they are a unit investment trust, and they do get their income from rents, from a variety or type, from a property or type, its a prison, then they can get tax exempt treatment.
- Once you have a popular with investors category that can also receive advantageous tax treatment, then teams of lawyers will go out and get to work with economists and accountants and figure out how to shove everything they possibly can into that bucket.
- The regulators are usually a bit behind, in the staffing and acumen of their various attorneys. We call it regulation arbitrage.
- Anytime you can take a series of assets and reduce the tax burden on those assets, it means the various state and local authorities depending or needing those tax revenues, will go without.
- We’ll see more regressive taxes, in terms of more lottery tickets sold, hitting the general public for more money or reducing services.
- Part of what we’re seeing here is privatization of public assets.
- The United States of America has a fairly high corporate tax rate, legal not effective. 35 percent corporate tax rate.
- Once you’re a multinational enterprise you will try to pay taxes in whatever jurisdiction has the lowest rate.
- At one point in the 50s and 60s corporations paid about 30 percent of their income to the federal government in taxes. As we sit and chat now in New York City, they pay about 8 percent of the taxes.
- Tax avoidance strategy, Dutch Double Irish, its done by most of the leading tech companies. Maybe most aggressively pursued by Apple.
- Hundreds of thousands of people make a good living helping people pay less taxes.
- We now know its hundreds of billions of dollars in money that the government didn’t collect.
- The middle, upper middle class American is paying virtually the entire tax bill.
- Very very affluent Americans are able to off-load significant portions of their tax liability and large corporations.
Guest – Max Wolff – teacher of economics in the New School University Graduate Program in International Affairs. He’s
Senior Analyst & Chief Economist at Greencrest Capital. Mr. Wolff is an economist specializing in international finance and macroeconomics. Before joining Greencrest Capital he spent four years as the senior hedge fund analyst at the Beryl Consulting Group, LLC. Mr. Wolff teaches finance and statistical research methods in the New School University’s Graduate Program in International Affairs. Mr. Wolff’s financial markets and macroeconomics work appears regularly in Seeking Alpha, The Wall Street Journal, Reuters, Bloomberg, The BBC, Russia Today TV, and Al Jazeera English.
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Bush Library Direct Action: We Will Not Be Silent
Late last month in Dallas, Texas, four living presidents and countless dignitaries attended the opening of the Bush Library. In response to the library opening, relegated to the so called free speech zone across the street were the members of the white masked group, March of the Dead. While George W. Bush was being celebrated a procession of We Will Not Be Silent marchers carried the names of many who lost their lives in Afghanistan, Iraq, Bagram, Abu Ghraib and Guantanamo prisons. The marchers also carried names of civilians, US military and detainees tortured to death because of war crimes committed by the Bush Administration. WeWillNotBeSilent.net
- We made some signs just for this and the one we designed was The Bush Library: A Crime Against the Mind.
- Hearing that the library was opening, this was several years ago, I felt compelled that we had to be there.
- The organizing force behind this were people in Dallas.
- They organized something called the people’s response.
- We were invited to do something we did in Washington, the March of the Dead.
- So, the March of the Dead returned to the opening of the Bush Library.
- We searched names that lost their lives in prisons under the Bush regime.
- They call it a “free speech zone” which is really Orwellian, we call it a “no speech zone” where they try to render us invisible.
- We were across a highway, several lane highway. They even tried to take that away. They tried to use an old ordinance – you can’t hold a sign within 75 feet of a highway.
- A lot of people now know the truth about Iraq, that we shouldn’t have gone in there.
- There were no weapons of mass destruction, no imminent threat.
- Lawrence B. “Larry” Wilkerson is a retired United States Army Colonel and former chief of staff to United States Secretary of State Colin Powell says we invaded Iraq because of oil.
- We have a war criminal that is being honored by 4 other living presidents. I can understand his father showing up, but Barack Obama, Clinton, Carter, caught in pictures that the media showed, laughing and joking around . . ?
- This man gave orders to torture people and admitted with his vice president on a book tour.
- How do you follow, with having men admit publicly that they did water-board, water boarding is torture, torture is a crime and the law is not coming to prosecute them.
- That’s a crime against our mind too and our intelligence.
- I also look at Lynne Stewart as another casualty in Bush’s war on terror.
- Sign Lynne Stewart Petition For Her Compassionate Release
- We pulled up right to the prison (where Lynne Stewart is currently being held) and about 15 of us came together, 2 of us from New York carrying signs that said “release Lynne Stewart, compassion, the right to justice, “
Guest – Laurie Arbieter helped coordinate the direct action at the opening of the George W. Bush Library, Laurie is an artist/activist and creator of the “We Will Not Be Silent” collective.
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Law and Disorder April 29, 2013
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Updates:
- Public Safety Exception to Miranda
- Sign Lynne Stewart Petition For Her Compassionate Release
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The Federalist Society: How Conservatives Took the Law Back from Liberals
Has the Department of Justice been taken over by a conservative organization little known to the average citizen? In the recently published book titled The Federalist Society: How Conservatives Took the Law Back from Liberals authored by attorney Michael Avery and Danielle McLaughlin track the movements of a small group of conservative law students and their influence. The Federalist Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Members include economic conservatives, social conservatives, Christian conservatives, and libertarians. They all differ with each other on significant issues, but cooperate in advancing a broad conservative agenda.
Attorney Michael Avery:
- I saw how much power and influence the Federalist Society had during the years George W. Bush was president and at the same time I realized most people don’t know very much about them.
- They remained under the radar, I thought it was important to tell their story.
- They came along just at the right time for them, it was really kind of a perfect storm for them. Ronald Reagan was in the White House, you had a general renaissance of conservative thought that was promoted by people like Bill Buckley in the National Review, you had resistance to school integration and forced bussing. So there was a backlash waiting to happen against some of the things that happened in the law.
- It’s very important to recognize the role Ed Meese played. First he was counselor to the president then he was attorney general, later he became a principle figure at the Heritage Society.
- Many people are open members of the Federalist Society, others not so much but through a variety of sources I think we’re very confident that the people in that appendix either are members or very close to the society and sometimes I call that list the 100 most powerful people in the country and most of them you never heard of.
- About half the members that George W. Bush appointed to the Federal Court of Appeals were members of the Federalist Society.
- This battle over whether the government is able regulate private property has been one of the principle ideological battles of American Constitutional law since the end of the 19th century.
- They argue that property rights are a natural right that everybody is entitled to.
- It’s better to tolerate disagreement than to try to be 100 percent correct all the time.
Attorney Danielle McLaughlin:
- The substantive areas of law that we’re seeing this test cases brought in are very much reflective of the core values of the society. Those are notions of small government in particular small federal government. The idea that the state exists to preserve freedom.
- Many are involved in public interest law firms who go out and find plaintiffs and challenge regulation at the state level and in many cases have been successful in challenging laws in opposition to their world view all the way up to the Supreme Court.
- They really worked this very large network that they developed.
- Olen Foundation says here’s some money go out and build an institution.
- The Federalist Society today is not handicapped by having to report back or meet short term goals. The conservative funders believed in long term institution building.
- There are Federalist Society student groups on the campus of every single accredited and some unaccredited law schools. There are lawyer chapters in every single major city. There are affiliated Federalist Society groups outside the country.
Guest – Civil rights lawyer Michael Avery, professor at Suffolk University Law School and former president of the National Lawyers Guild from 2003 to 2006.
Guest – Co-author and attorney Danielle McLauglin, member of the Litigation and Dispute resolution group.
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The Stalinist Legacy: Its Impact on Twentieth Century World Politics
We go now to hear a presentation by internationally acclaimed Pakistani writer and film maker Tariq Ali during a New York City book launch of his new book The Stalinist Legacy: Its Impact on Twentieth Century World Politics. Karl Marx’s often quoted observation “History weighs like a nightmare on the brain of the living” is so true. Even 20 years after the Soviet Union’s collapse, activists are still confronted by the legacy of Stalinism at the same time capitalism has failed millions of working people in the United States and across the world.
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