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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 February 11, 2013
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Updates:
- NLG-NYC Attorneys Challenge NYPD Surveillance of Muslim Communities
- Center for Constitutional Rights Responds to Newly Released Targeted Killing White Paper
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Senate Votes To Extend Warrantless Wiretaps For Five More Years: No Oversight, No Transparency
Days before 2012 drew to a close, the U.S. Senate voted 73-23 to reauthorize the FISA Amendments Act of 2008 for five more years. This is the unconstitutional spying bill that violates the Fourth Amendment and gives vast unmonitored authority to the National Security Agency to conduct dragnet surveillance of American’s’ international emails and phone calls.
Michelle Richardson:
- The Senate took up the FISA Reauthorization Bill right at the end of the year and they did consider a handful of very moderate amendments that wouldn’t have actually interfered with the collection of information but would make it more transparent to Congress.
- In an open and free democracy there should be no secret law.
- The original FISA was much more targeted. It required a more traditional probable cause, finding an individualized warrant before you could go up and tap a phone.
- After 911 Congress started systematically lowering the standard for obtaining this information.
- They made it easier so you could go around the court, and do it administratively.
- They lowered the standard so there’s no longer a probable cause. The FISA Amendment Act is probably the biggest change in the last decade.
- You no longer have to name who you’re going to tap, the phone number or stated facility.
- Instead we’re going to do these programmatic orders so the court is no longer involved in deciding who will be tapped.
- I’m not going to tap a specific American, but I want information about Yemen.
- Theoretically this isn’t turned into the United States at any specific person. We think its being used for bulk collection.
- The way the internet works now, sometimes your communication will travel around the world before landing next door.
- A lot of times the equipment is intentionally built so the government can tap directly into the system.
- FISA – Foreign intelligence which includes the undefined national defense of the United States.
- I think there is reason to believe this is a self correcting situation and that people will start looking at this technology and understand more about what’s out there.
Guest – Michelle Richardson is a Legislative Counsel with the ACLU Washington Legislative Office where she focuses on national security and government transparency issues such as the Patriot Act, FISA, cybersecurity, state secrets and the Freedom of Information Act. Before coming to the ACLU in 2006, Richardson served as counsel to the House Judiciary Committee where she specialized in national security, civil rights and constitutional issues for Democratic Ranking Member John Conyers.
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Boycott Divestment Sanction Controversy At Brooklyn College
Last month, a backlash of controversy erupted after the announcement of a student group at CUNY’s Brooklyn College, Students for Justice in Palestine will host two speakers who will discuss their views on the BDS movement. The BDS movement as many listeners may know calls for boycott, divestment and sanctions against Israel in protest of the government’s oppressive policies toward the Palestinian people. The speakers are Palestinian BDS advocate Omar Barghouti and University of California Berkeley philosopher and BDS supporter Judith Butler. The event was co-sponsored by numerous student and community groups, as well as Brooklyn College’s political science department.
The backlash included a threat by New York City Council members and Congressman Jerry Nadler to defund Brooklyn College and opinion pieces by Harvard Law Professor Alan Dershowitz who called the event a “propaganda hate orgy,” another daily newspaper labeled it “Israel-bashing.
Omar Barghouti:
- Specifically the BDS call said that Israel and institutions and corporations that are complicit in Israel’s violations of International Law should be boycotted, divested from and eventually sanctioned in order to achieve the 3 basic rights of the Palestinian people under International Law.
- Ending the occupation of 1967, which include the illegal colonies, the wall, ending the system of discrimination within Israel itself which meets the UN definition of apartheid, the third is the right of return for refugees which is their basic inalienable right under international law.
- In order to achieve these 3 basic rights, we absolutely need international solidarity as was done in the anti-apartheid movement in South Africa, we can’t do it alone.
- Your tax money is funding Israel occupation and apartheid. You have an obligation to question where your money is going to and how its being used to oppress us.
- I think that the New York Times editorial supported having a debate at Brooklyn College says it all. We could have never imagined such a thing, a year ago.
- The government of South Africa’s ruling party the ANC endorsed BDS this last December.
- Many Jewish groups have joined BDS campaigns and are leading BDS campaigns.
- Bullying is one thing and response from critics is another. We’re very open to debate but no one would debate us.
- They’re running scared of debate.
- Not every event, every talk has to be balanced.
- The balance is overall. Those accusing this panel of being imbalanced themselves like Dershowitz, always speak solo, unopposed, espousing the most extreme ideas like torture, a war crime.
- They’re twisting the very definition of academic freedom.
- Human rights are difficult. If you have a master slave relationship and the slave insists on freedom and nothing less than freedom that upsets the order.
- Did equality in Alabama delegitamize whites? It delegitamized apartheid in the South.
- We’re delegitamizing the Israel’s occupation, apartheid and denial of Palestinian rights. We’re insisting on our rights. We’re not delegitamizing any people.
- We’re delegitamizing an order that’s illegal by definition. Apartheid is illegal. Occupation is illegal. Building colonies on occupied territories is illegal. Ethnic cleansing is illegal.
- It’s not a blanket boycott against every company that’s complicit because that wouldn’t work.
- BDS is about context sensitivity, graduality and sustainability.
- You’ve got to address the most sinister companies as it were. The most seriously involved in human rights violations and move toward others, to teach others a lesson.
- There’s a big campaign against soda stream led by an Interfaith coalition because Soda Stream is manufactured in an illegal settlement in the occupied territories.
- We need coresistance, not coexistance until we end oppression.
- www.BDSMovement.net / www.PACBI.org
- www.WhoProfits.org
- Dissent and any argument against Israeli policies is almost becoming illegitimate in this country. It’s a new McCarthyism that the Israeli lobby is leading.
Guest – Omar Barghouti, the founding member of the Palestinian Campaign for the Academic and Cultural Boycott of Israel and the Palestinian Civil Society Boycott, Divestment and Sanctions (BDS) campaign.
Listen to Law and Disorder May 2011 Show with Guest Omar Barghouti
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Law and Disorder February 4, 2013
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Updates:
- Long Distance Revolutionary: A Journey With Mumia-Abu-Jamal
- Freedom 7 Case Challenging NDAA of 2013 – Pack the Courtroom: Wednesday February 6th, 2013, 10:00 AM – Room 1505, 40 Foley Square
- CCR and NLG Team Up To Provide Legal Support For Palestinian Activism: Palestinelegalsupport.org
- Obama Administration GTMO Office Vanishes
- Michael Ratner’s Sundance Film Festival Report: Occupy 99 Percent / CIA Propaganda Film: Manhunt
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Central Park Five Civil Suit
On April 19, 1989 a group of five black and Latino teenagers were arrested and convicted for the brutal rape of a white female jogger in Central Park, New York City. It was one of the highest profile criminal cases in the city. A New York court overturned the convictions of the five teenagers after a serial rapist confessed to the crimes. By this time of this confession, the five defendants had already served sentences of 7and 13 years. Now, the city of New York is refusing to settle a $250 million decade-long federal civil rights suit brought by the defendants. Attorney Roger Wareham talks more about the case and the Ken Burns documentary on the Central Park Five that could provide footage for the federal civil lawsuit.
Attorney Roger Wareham:
- I’m part of a team of lawyers among five firms that represent the five defendants.
- She almost died. She lost 75 percent of the blood in her body that night.
- The police at some point arrested 30 youths who had allegedly been in the park earlier that night. Some of them were charged with attacking people jogging in the park.
- Most of them had been released, these five were in custody.
- Maybe four or five hours after they were arrested the police received word of this woman who was near death.
- So they held these five children for questioning which basically became and interrogation, which basically became a coerced false confession where each one of them implicated the other ones in the rape and attack of this woman.
- Even though none of them knew each other or what actually happened because they didn’t do it, they just wanted to go home.
- By the time the parents became part of the process, the false statements had already been elicited.
- Especially when a black man is a accused of touching, raping a white woman, logic, justice, objectivity, evidence goes out the window and there’s a presumption of guilt.
- They went to trial and were convicted even though there was no forensic evidence.
- Once they were released from prison they had to register as sexual predators.
- Thirteen years after their conviction, the person who actually committed the crime came forward and admitted he’d done it.
- He was arrested after a failed attempt at a rape. There was an m.o. that he employed with the rapes that he conducted.
- I’m part of a political organization called the December 12 Movement.
- Manhattan’s District Attorney’s office had done a very thorough investigation and this is the same office that had prosecuted them.
- They put forth a really damning affirmation in support of our motion basically admitting they had prosecuted the wrong people, errors had been made. It was clear that the one and only perpetrator was Mateas Raes and they were not going to retry the case.
- Their convictions were overturned 10 years ago, in December 2002.
- Why hasn’t it been settled? You look to Police Commissioner Kelly who endorsed the report.
- Subpoenaing the outtakes is a reflection of their desperation. See, they know the truth. They’re floundering around looking for different straws to grab at.
- Contact the December 12th Movement directly at 718-398-1766.
Guest – Attorney Roger Wareham is a lawyer and political activist of over four decades. He is a member of the December 12th Movement, an organization of African people which organizes in the Black and Latino community around human rights violations, particularly police terror. Wareham is also the International Secretary-General of the International Association Against Torture (AICT), a non-governmental organization that has consultative status before the United Nations.
Since 1989, he has annually presented evidence of human rights violations facing people of color in the United States and other parts of the world at assemblies of the United Nations’ Human Rights Council (formerly the Commission on Human Rights) and its other bodies that meet in Geneva, Switzerland. His work was instrumental in having Mr. Maurice Glele, the U.N. Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance; conduct the first U.N. investigation of the United States in history. Roger Wareham was an active organizer of and participant in the United Nations’ World Conference against Racism held from August 30 – September 7, 2001 in Durban, South Africa.
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Law and Disorder January 28, 2013
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Mass Incarceration Epidemic
On January 19, the Malcolm X Commemoration Committee 1199 SEIU activists presented the 17th Annual Dinner Tribute to the Families of our Political Prisoners & Prisoners of War. It was called Transforming Solidarity: Working Together to End Political Imprisonment and Mass Imprisonment and was held at the Martin Luther King, Jr. Labor Center in NYC.
- The Republican Party begins to craft an ideological backlash against an emerging civil rights and black power movement.
- The Republican presidential candidate at the time Barry Goldwater in a speech begins to link crime to the activism of civil rights protesters that are being incarcerated in the south.
- He is deploying one of the most atrocious fears of the white supremacist South in the post-reconstruction era to delegitamize these protests. That black men are going to rape white women.
- What we see happening in the 1960s is that fear is manufactured by these P.R. firms that are working in consultation with Republican leaders but also with police organizations, the Fraternal Order of Police, and the Police Benevolent Association.
- 1968 saw and huge amount of riots especially in the aftermath of Martin Luther King Jr’s assassination.
- The criminalization of black and Latino protesters was the major strategy used to delegitamate the aspirations and the politics of this emerging revolutionary class.
- The Omnibus Crime Control and Safe Streets Act of 1968 legalized wire-tapping and bugging by federal agents and local police without a court order.
- It also legalized on the stop search and seizure by police.
- The police are exempt from the 1964 Civil Rights Act.
- What is the purpose of this crime mania and moral panic? It’s to delegitamize the influence of black and Latino radicals of the working class of color in the nation.
- In 1970s, the apparatus of mass incarceration emerges.
- This apparatus is being deployed against the most vulnerable sections of American society in urban centers. African-Americans and Latinos that are being devastated by a crisis of de-industrialization.
- The poorest people of color are likely to resist, and this class is going to be controlled.
- It was a fabricated crisis of crime that never existed.
- Fear atomizes people they don’t start thinking in terms of community but individual.
- Crime becomes a code word for African Americans, Latinos and increasingly immigrants.
- The Black Panther Party had an analysis of oppression and inequality that addressed its root causes. It identified capitalism which is driven by profit rather than need as the problem.
- But also they had a newspaper and this is important around the issue of mass incarceration.
- Crime is an ideological wedge that is crafted by the Republican Party and the new Right in this nation for the purposes of social control.
Guest – Johanna Fernández, a native New Yorker. She received a PhD in History from Columbia University and a BA in Literature and American Civilization from Brown University. Professor Fernández teaches 20th Century U.S. History, the history of social movements, the political economy of American cities, and African-American history. She has previously taught at Carnegie Mellon University in Pittsburg, PA and Trinity College in Hartford, CT and is, most recently, the recipient of a Fulbright Scholars grant to the Middle East and North Africa that will take her to Jordan in spring 2011, where she will teach graduate courses in American History.
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Policing Trends at National Special Security Events
On January 21, 2013, more than 3 thousand law enforcement officers and nearly 13 thousand military troops were activated and deployed to the Washington Mall. This magnitude of security at President Barack Obama’s 2013 inauguration raised the water mark of militarized police mobilization for National Special Security Events (NSSEs) High tech weaponry, mobile checkpoints and a large uniformed presence have become common sights at major sporting events, nominating conventions and international summits. NSSEs were created under President Bill Clinton, a designation that requires federal and local law enforcement to collaborate on event security under the management of the Secret Service. The report was issued by the National Lawyers Guild on NSSE trends is the Guild’s senior researcher.
- The idea that this much security, this kind of multi-level, multi-agency is necessary is the assumption that these events are high profile, will have a lot of people and therefore are likely targets for terrorist attacks.
- There’s been about 40 NSSE’s since the designation was created and these include events like president inaugurations, state funerals, the annual State of the Union address, the Superbowl, Olympics, all International monetary organization meetings and of course the Democratic and Republican National Conventions.
- All to often we’re finding that protesters who are engaging in constitutionally protected and legitimate protest activities are lumped into this security threat.
- Over time, we’ve (NLG) have not only done legal support, we’ve also done a lot of research and writing and analysis of the different kinds of trends we see evolving.
- We wanted to use the RNC and the DNC in 2012 as case studies to look at some disturbing changing trends and express our concern that these security measures are simply becoming more normalized.
- Several months before an NSSE, the local government overrides city codes to create exceptional circumstances for these particular events. That means creating a security zone around the event itself, then limiting How When and Where people can protest within that zone.
- That can lead to limiting the times of demonstrations, the amount of people, the special permitting processes to prohibiting everyday, household items being allowed in the zone.
- What we see leading up to NSSE and this has been very consistent is the DHS and FBI circulating unsubstantiated reports that violent anarchists and outside agitators are plotting to come to these cities really to cause harm and injury – to bring explosive devices, to injure police.
- FBI informants and agents and undercover police were crucial to both encouraging and helping to set up these plots which they then use as evidence later.
- We’re asking law enforcement to stop spreading these unsubstantiated threats of protester violence before NSSEs and acknowledge that most of the violence that has taken place at NSSEs in the past has been on the part of police and not the protesters.
- The combined total of the security budget for the RNC and DNC was 100 million dollars. 50 million dollars going to each city.
- We see the continuation of the militarization of police departments and the NSSEs are playing a part in them.
Guest – Traci Yoder, National Lawyers Guild senior researcher. Before coming to the National Office, she coordinated the NLG Philadelphia Chapter. She holds master’s degrees in Library and Information Studies and Anthropology, with a focus in the latter degree on gender studies and East Africa. In Philadelphia, Traci worked on many projects in addition to the NLG, including the Wooden Shoe Book Collective and the Radical Archives of Philadelphia.








