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Law and Disorder September 24, 2012

Updates:

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The Russell Tribunal on Palestine

The Russell Tribunal on Palestine is holding its fourth and last session in New York City, October 6 through the 7th. This public session focuses on the denial of the Palestinian right to self determination and the role of the US and the United Nations. This tribunal will draw attention to the ongoing Israeli occupation of Palestinian Territories and how Israel continues to act with impunity under international law. There will be many speakers at this event including Ilan Pappe, Noam Chomsky, and Cynthia McKinney. We talk today with Pulitzer Prize winning novelist and poet Alice Walker and Dennis Banks, a Native American leader, activist and author. Both of whom will be speaking at the tribunal.

Alice Walker:

  • Citizens around the world are very concerned that nothing seems to move forward between the Israelis and the Palestinians.
  • The traditional one (tribunal) that came into being because of Vietnam and the American war against the Vietnamese people.
  • I was in Gaza shortly after the bombing and that would’ve made anyone want to have a tribunal because it was so completely devastating and horrible.
  • The Israelis just sailed along as if everything was ok to kill 1400 people and 300 children, destroy the water system. We don’t have a lot of power in terms of making things change, but I think consciousness is our only hope in any case.
  • The UN has been relatively helpless against the US and Israeli veto of their resolution. We want to look at – Why is that?
  • How is it that we can’t get any movement in the UN toward justice for the Palestinian people?
  • I think the United States and Israel are in agreement they want that territory.
  • We have to remember this is an entrenched long standing pattern of how you treat indigenous people when you want what they have.
  • In this country what they did is destroy the Indians.
  • The Palestinians are just seen as obstructions to this grand vision. When people say real politic, they mean no matter what they have to do to implement their plan. Their plan whatever it is is supreme.
  • They just gonna do that if it takes 100 years, 200 years.
  • I remember sitting in Gaza after the bombing. The thing that got me was they bombed this school, not only a school but it was the American school.
  • We must as human beings gather together. Gather ourselves and address these issues of destruction and they’re coming faster and faster.

Guest – Alice Walker, American author, poet, and activist. She has written both fiction and essays about race and gender. She is best known for the critically acclaimed novel The Color Purple (1982) for which she won the National Book Award and the Pulitzer Prize.
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Dennis Banks:

  • It seems that they’re taking a page out of Native American history and using it over there.
  • You look at the burning of the sweat lodges. The whole experiment to take Native people away their parents and destroy them, put them in foster homes, boarding schools, military boarding schools.
  • And keep them there for five, six, seven years. In my case it was six years before I was even allowed to see my parents.
  • The whole thing is all over again.
  • What can I say to warn people, to warn people about the future?
  • I know they’re gonna dispossess the land from the Palestinians.
  • I will not forgive the government for what it did not only to me but to thousands of thousands of young Native children.
  • I’m speaking against the American people, I’m speaking against the policies of the American government.

Guest – Dennis Banks, a Native American leader, teacher, lecturer, activist and author, is an Anishinaabe born on Leech Lake Indian Reservation in northern Minnesota. Banks is also known as Nowa Cumig (Naawakamig in the Double Vowel System). His name in the Ojibwe language means “In the Center of the Ground.” He has been a longtime leader of the American Indian Movement, which he cofounded in 1968 with Native Americans in Minneapolis.

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Chicago Teacher Strike

The Chicago teachers, with deep community support, have won a good victory last week  in their ten day strike.  their victory, while not complete, defends one of the great gains of the American people, public education, against the neo-liberal goal of supplanting it with private for profit  non union charter schools.  The teachers strike was about more than wages and hours.  They fought against the dismantling of public schools in favor of for profit charter schools, a project that both the democrats from Obama down to Chicago Mayor Rahm Emannuel, champion.

The teachers demanded smaller class size, school aids, school supplies, and an end to the use of standardized tests. The new leadership of the teachers union gained its strength by being democratic and being rooted in the community, largely Black and Latino,  and allied with the families of the students they teach.  They began organizing in defense of their students 3 years ago.

Debby Pope:

  • I started out the week as a strike coordinator. We went out and worked with 8 to 12 schools in a particular area on the picket lines and then someone else moved in to a communications role.
  • Right now I’m working in a grievance department working on contract enforcement issues.
  • I think the fundamental issue is the defense of public education and the defense of teaching as a profession.
  • Let me make it clear that we were not legally able to bargain on some of the issues I talk about due to restrictive labor laws in Illinois.
  • They have made over a hundred charter schools in Chicago in the last decade or so.
  • They’ve eliminated bargaining in those schools, they’ve eliminated Chicago Teacher’s Union membership, they’ve eliminated the decent working conditions and the rights that we’ve fought for.
  • They’ve given the billionaire business men a huge control over their schools.
  • They have systematically defunded neighborhood schools.
  • They allowed our buildings to crumble. They’ve given us computers that are decades old.
  • This is an example of how they’ve been starving the public schools and then blaming us when the schools don’t work.
  • We went out to the schools. We started contract action committees in all the schools. We helped teachers to understand what their rights were.
  • We resumed our place as one of the largest unions in Illinois as a part of the labor movement.
  • Is a teacher’s effectiveness related to his or her class size?
  • Can a teacher teach 40 kids as well he or she can teach 25 kids?
  • We want a better school day with a richer curriculum with art, music and drama.
  • The enemies of poor children, the enemies of public education, the enemies of giving every child an opportunity are within both parties.
  • We put ourselves in a position where the schools are failing.
  • We blamed the schools for failing when in fact as a society set them up to fail.
  • Then of course the billionaire rescuers . . . came in and said Oh my God look at what a mess the schools are. We have to privatize them, we have to charter them. We have to turn them into little business models.
  • These people believe in factory schools.
  • The next fight on the horizon is against school closings.

Guest – Debby Pope, member of the executive board Chicago Teachers Union and delegate. Debby Pope is a retired teacher and currently works on the CTU grievance board in contract dispute.

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Law and Disorder September 17, 2012

Updates:

  •     US Refuses To Extradite Former Bolivian President
  •     Jose Padilla Re-Sentencing
  •     Ward Churchill Case Update – Are University Board of Regents Immune?
  •     Armenia Protests Extradition of Axe Murderer

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Department of Defense Declassifies Report on Alleged Drugging of Detainees

Hosts discuss a recently declassified report on alleged drugging of Guantanamo detainees with Attorney Shane Kadidal.

Guest – Attorney 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.

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Adnan Latif – the Face of Indefinite Detention – Dies at Guantánamo

A prisoner held at Guantanamo Bay Naval Base since 2002 died last week. Adnan Farhan Abdul Latif was a 32 year old from Yemen who was allegedly suicidal and mentally ill. Latif won a U.S. court order for his release but it was overturned on appeal.  In 2009, President Obama imposed a moratorium on Guantanamo prisoners from Yemen after a Yemeni trained Nigerian was found with a bomb in his underwear on a Detroit bound plane in 2009.  Latif is the ninth prisoner to die at Guantanamo Bay prison.

Attorney David Remes:

  • We decided to put out a statement by the lawyers.  We wanted to call his family but the government said let the ICRC do it.
  • He was approved in 2004, he was approved in 2007, and approved in 2009 for transfer out of Guantanamo.
  • Adnan filed a habeas corpus petitions in 2004. In 2008 those cases began to move forward, Adnan was among them. He won his habeas case. The whole case against him hinged on an intelligence report that the district court judge said was unreliable. The case was appealed by the Obama Administration.
  • He was a very sweet man, he was small, he was thin.
  • He was very sensitive and a fine poet. He felt everything more keenly, perhaps more keenly than any of the other detainees.
  • He felt that his spirit was being crushed. That he was always being roughed up by the guards. He was on long hunger strikes, he was held in isolation for the majority of his time in Guantanamo.
  • He was mentally very fragile.
  • At one point in my representation of him in 2009, he slit his wrists as I was speaking with him . . by chipping formica from under the table and cutting into his vein let the blood drip into a little cup and then threw his blood on me.
  • I took an inventory of his various bumps, bruises and swellings. It was almost like a doctor’s visit.
  • He was a small guy.
  • He could be very lucid, he was very intelligent.
  • You just have to question the NCIS reports from the beginning.
  • Whatever the conclusions that were announced it was Guantanamo that killed Adnan. It ruined his health, it ruined his spirit, it may have led him to suicide.

Guest – Attorney David Remes,  a human rights lawyer who has been deeply involved in the litigation on behalf of Guantanamo prisoners since 2004. He represents 16 Yemenis and has made several visits to Yemen to press for his clients’ release and brief their families. He was among the first lawyers to visit Guantanamo after the Supreme Court ruled in Rasul v. Bush in 2004 that the prisoners had a right to legal counsel.

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Law and Disorder September 10, 2012

Updates:

  • Bradley Manning Public Access Case: Amicus Brief Filed by Reporters’ Committee for Freedom of the Press
  • Southern Poverty Law Center Lawsuit Against Chemically Spraying Students

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Photo by Edward Linsmier/Getty Images)

Attorney Heidi Boghosian Speech: National Special Security Events – RNC / DNC

We hear a presentation by our own Heidi Boghosian. Heidi spoke at an event sponsored by station affiliate WSLR FM 96.5 – Sarasota, Florida. As the executive director of the National Lawyers Guild, Heidi had coordinated and organized legal observers during the Republican National Convention in Tampa and the Democratic National Convention in Charlotte. While in Florida, Heidi delivered a talk about the eroding civil rights of protesters during National Special Security events, pre-event surveillance and tactical strategies deployed by police.

Heidi Boghosian is the executive director of the National Lawyers Guild, a progressive bar association established in 1937. She has published articles on policing, protest and the First Amendment including Punishing Protest and The Assault on Free Speech, Public Assembly, and Dissent (North River Press, 2004). Her book reviews have been published in The Federal Lawyer magazine and the New York Law Journal.

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CCR Stop and Frisk Suit NYC: Floyd et al. v. New York City

Last month, a federal judge excluded portions of proposed testimony from New York City’s key witness in the Center for Constitutional Right’s Stop and Frisk class action lawsuit Floyd v. City of New York. Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York ruled the defendants’ testimony untested and unreliable.  The ruling supports that there isn’t evidence that the “Stop and Frisk” practice reduces crime.” said CCR Legal Director Vince Warren (quote)  “The ruling soundly rejects the false choice propounded by the NYPD, between living in a safe city and being free of unconstitutional, racially discriminatory policing.”

In 2009 New York City, a record 576,394 people were stopped, 84 percent of whom were Black and Latino residents — although they comprise only about 26 percent and 27 percent of New York City’s total population respectively. Ten years of raw data obtained by court order from the New York City Police Department (NYPD) showed that stop-and-frisks result in a minimal yield of weapons and contraband.

Attorney Darius Charney:

  • When we say “stop” were really talking about a detention of somebody’s liberty by the police. Frisk is a pat down of the outside of somebody’s clothing.
  • For purposes of the 4th Amendment we are talking about a seizure when somebody is stopped, their liberty is taken away from them for a period of time and when they’re frisked, they’re searched.
  • About 99.3 percent of the time the police find no gun.
  • According the Supreme Court in a case they decided about 44 years ago, called Terry v. Ohio, for a police officer to stop someone on the street they have to have what’s called reasonable, articulatable suspicion.
  • It has to be more than a hunch, or a whim or a subjective belief that somebody’s doing something wrong. It has to be articulatable specific facts that the officer is aware of that would cause him or her to reasonably believe that this person has committed a crime, is in the process of committing a crime or is about to commit a crime.
  • If they have reasonable suspicion and they stop to ask you questions, you’re supposed to answer the questions.
  • They may ask you for identification, that’s not against the law in New York state. You don’t have to provide it to them.
  • You’re free to not answer but depending on what the questions are and if you don’t answer them, that may give the officer a basis to have probable cause to arrest you.
  • For the officer to then put their hands on you, they have to have reasonable suspicion that you’re armed and dangerous.
  • It can’t be that they think you have drugs in your pocket. Officers often get angry or irritated if you assert the rights that you have.
  • What commonly happens in New York and other places is that somebody does assert their rights the officer may retaliate against them by issuing them a ticket for disorderly conduct.
  • The person has a right to say “show me your badge” to a plain clothes police officer.
  • Stop and Frisk has increased over 600 percent in New York City.
  • In New York police are arresting 50 thousand people a year with small amounts of marijuana.
  • The New York Police Department Stop and Frisk practices are literally going to be put on trial in a federal court in Manhattan this coming Spring.
  • We were certified for a class action in May, so we have a website for class members. Stopandfrisk
  • In order to fight crime you need to work together with the community and if the community doesn’t trust you, fear you, that’s not going to happen.

Guest – Attorney Darius Charney,  senior staff attorney in the Racial Justice/Government Misconduct Docket.  He is currently lead counsel on Floyd v. City of New York, a federal civil rights class action lawsuit challenging the New York Police Department’s unconstitutional and racially discriminatory stop-and-frisk practices, and Vulcan Society Inc. v. the City of New York, a Title VII class action lawsuit on behalf of African-American applicants to the New York City Fire Department which challenges the racially discriminatory hiring practices of the FDNY.

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