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Law and Disorder March 5, 2012

Updates:

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Judge Dismisses Lawsuit Filed Over Boycott of Israeli Goods

Last month, a judge in Olympia, Washington dismissed a lawsuit tailored to force the Olympia Food Co-op to rescind its boycott of Israeli goods. The judge ruled that the lawsuit brought by opponents of the boycott violated a Washington State law designed to prevent abusive lawsuits which are aimed at suppressing lawful public participation. Interestingly, an investigation by ElectronicIntifada had unearthed that the lawsuit against individuals with the Olympia Food Co-op Board was also planned in collusion with a national anti-Palestinian organization called StandWithUs that was working with the Israeli government. Lawyers with the Center for Constitutional Rights argued that the lawsuit qualified as a SLAPP, that stands for – – Strategic Litigation Against Public Participation.  SLAPPs are lawsuits that target the constitutional rights of free speech and petition in connection with an issue of public concern.

Attorney Maria LaHood:

  • The Olympia Food Co-op is a non-profit in Olympia Washington, that not only makes good food accessible to people, but also encourages economic and social justice in other ways.
  • So it has a long history of doing social justice work, including adopting boycotts.
  • The board decided to boycott Israeli goods in 2010 by consensus. A few months after that there was a co-op election. Three of the five plaintiffs who ended up bringing the lawsuit, members of the co-op, the co-op has about 22 thousand members. They ran for the election opposing the boycott and they lost.
  • They ran for the board on an anti-boycott agenda and not voted in by the members.
  • The board decided to boycott Israeli goods and divest from any Israel investment.
  • One Israeli product: Gluten free ice cream cones,
  • Obviously it had symbolic significance so that the five plaintiffs decided to send a letter to the board promising litigation that would be complicated, burdensome and expensive if the board didn’t end the boycott.
  • CCR got involved and CCR cooperating council to represent the board members and decided to file an anti-SLAP motion as well as a motion to dismiss.
  • Plaintiffs were also seeking discovery which of course they had promised. They started out serving 200 pages of discovery on all 16 defendants and trying to depose all 16 defendants. After we file the anti-SLAPP motion which actually stays discovery, they sought to depose three of the defendants as well as additional document requests.
  • We challenged that discovery request.
  • Olympia, Washington, is where Evergreen College and that’s also where Rachel Corrie is from.
  • Stand With Us is basically an anti-BDS organization.
  • The lawsuit against the co-op board members was actually identified by Stand With Us as one of its projects months before the case was even filed.
  • Stand With Us also produced and posted online an anti-BDS video with four of the five plaintiffs in the case.
  • They described themselves as an international organization ensuring Israel’s side of the story is told.
  • They also have apparently connections as well to the Israeli government.
  • The hearing was last Thursday, there was a great turn out, they had to move us to a bigger court room.
  • The judge ruled that this lawsuit did challenge public participation so it did fall under the anti-SLAPP statute.
  • Boycotts are constitutionally protected under the first amendment.
  • This kind of suit is exactly what this statute was meant to address.
  • We argued that the board under the bylaws has the authority to adopt any policy essentially it wants, that promotes the co-opts mission.
  • He (the judge) did say that it was a nationally recognized movement.
  • The victory here sends a message that you cannot sue to chill free speech issues.

Guest – Senior staff attorney Maria LaHood, who specializes in international human rights litigation, seeking to hold government officials and corporations accountable for torture, extrajudicial killings, and war crimes abroad. Her cases have included Arar v. Ashcroft, against U.S. officials for sending Canadian citizen Maher Arar to Syria where he was tortured and detained for a year; Al-Aulaqi v. Obama, to prevent the “targeted killing” of a U.S. citizen in violation of constitutional and international law;  Matar v. Dichter, against an Israeli official responsible for a “targeted killing” that killed 15 Palestinians; Belhas v. Ya’alon, against a former Israeli official responsible for the 1996 shelling of a United Nations compound in Qana, Lebanon, that killed over 100 civilians; Corrie v. Caterpillar, on behalf of Palestinians killed and injured in home demolitions, and Rachel Corrie, a U.S. human rights defender who was killed trying to protect a home from being demolished; and Wiwa v. Royal Dutch/Shell, for the torture, detention and execution of Ken Saro-Wiwa and other human rights activists and protestors in Nigeria. After graduating from the University of Michigan Law School in 1995, Maria advocated on behalf of affordable housing and civil rights in the San Francisco Bay Area.

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Law and Disorder February 27, 2012

Updates:

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Egypt Places Travel Ban On US Citizens: NDI / IRI and Freedom House

Egypt Places Travel Ban and Charges Against US Citizens Working With NDI / IRI and Freedom House In the last few weeks, the military backed Egyptian government has targeted the National Democratic Institute, the International Republican Institute and Freedom House–U.S. government funded groups working in Egypt. These groups have often come under attack as tools of US foreign policy. For example the IRI was blamed for playing a role in the coup against President Aristide of Haiti. As part of its crackdown, the Egyptian authorities raided the offices of some of these organizations and brought charges against at least 16 US citizens, six of whom remain in Egypt.

Three of them including the son of the US Transportation Secretary, Sam LaHood have taken refuge at the US embassy. They’re cases have been referred to criminal courts in Egypt. Recently, Egypt refused to back down despite a US threat to cut aid. We bring you two perspectives on the NDI/IRI and the charges against them.  Paul Sullivan from the National Defense University raises serious questions as to whether these US funded organizations should be in Egypt at all.  Then,  Sally Sami, a human rights activist, is unwilling to be as critical presumably because she sees the crackdown as past of a larger crackdown on democracy advocates in Egypt even if NDI and IRI are not playing a constructive role.

Professor Paul Sullivan:

  • Essentially these NGOs are not registered in this country. There was an NGO law in 2002 that required these NGOs to register. 
  • These NGOs state they did put in the documents to register and they didn’t hear anything back and assumed everything was going well.  
  • They’re also unlicensed. That is also true.
  • They’re funded by the US government. The required duties is to train people in exactly what voting is, what is democratic development.  
  • One of the charges that has been leveled against them is paying political certain parties and of course both these groups deny it. Freedom House, the third one involved also denies it.
  • There are certain charges that neither the IRI or the NDI deny.
  • The emotions are very high, and the issues are becoming more hardened on both sides.
  • When Mubarak was in charge, these organizations were in a wink and a nod were allowed to be in the country.
  • Now some of the NGOs that had nothing to do with anything political are now having a difficult time even on the streets of Egypt.
  • There has always been a certain degree of anti-Americanism in Egypt.  This is starting to stoke anti-Egyptian sentiment on the Hill and in the public. . .many of whom don’t understand Egypt as people who’ve live there, such as I understand Egypt, really quite wonderful people.
  • It’s much more important to build friendships, to build relations, to help them get jobs. Investment, education, and human development, and leave the politics to the country.

Guest – Professor Paul Sullivan, professor of economics at the National Defense University (NDU) since July 1999. He is an Adjunct Professor of Security Studies and Science, Technology and International Affairs at Georgetown University, where he teaches classes on global energy and security, energy security in the Middle East, and natural resources and conflict in Africa and the Middle East. Dr. Sullivan was the Vice President, Programs, for the United Nations Association, National Capitol Area, where he was a strategic leader and adviser for the many programs and committees run by UNA-NCA during June 2010 to June 2011.

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We get another perspective on the ground in Cairo, Egypt. Sally Sami, former director with the Cairo Center for Human Rights Studies and human rights activist.

Sally Sami:

  • We’re talking about a moment, a time when the essence of the revolution itself is being stolen.
  • We see a revolution that is being arrested, attacked, harassed.
  • It seems like we’re being punished for taking the stand, for continuing it to be outspoken about the violations that are taking place, even after the revolution.
  • One of the worst attacks was during a Christian protest, and people were killed enmass, we’ve seen this becoming more and more frequent.
  • The continued denial of taking the responsibility to the protect the lives of Egyptians.
  • We want it clear that should not be any double standards, its a human rights thing, ok? There shouldn’t be any double standards.
  • Some countries deserve human rights, some don’t, it depends on the concept of national security, until now we don’t know what it means.

Guest – Sally Sami, former director with the Cairo Center for Human Rights Studies and human rights activist.

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Law and Disorder February 20, 2012

 

Greece, the EU, the United States and Fight Back

The huge and sustained fight back against massive austerity cuts continues in Greece, in that small southern European country of 11 million people, half of whom live in Athens, there’s been a wave of general strikes going back to August of last year. Not only are the economic powers that be particularly in Germany forcing terrible cut backs on the standard of living of the Greek people, there also hollowing out democracy in that country. The country, after all, the birth place of democracy. Despite their efforts, the Left in Greece has grown enormously and now rivals in size the combination of the right wing parties. What happens in Greece is going to have a ripple effect in other European countries particularly, Portugal, Italy, Spain, Ireland and Hungary.

Professor Rick Wolff:

  • In Europe, we see the rich countries working really hard to punish the debtors.
  • Not to ask what the conditions were that got them into debt, not to admit that for the years these people were in debt, they paid off handsomely to the creditors in high interest rates.
  • Nor is there any examination of the conditions under which this happened so that there’s nothing being done to change those conditions.
  • We are instead engaged in a vicious punishment of a small country, 11 million people. It’s attempt to terrorize the rest of Europe into thinking of not resisting.
  • Those that are closest to Greece that are in trouble are the following: Portugal, Spain, Ireland, Italy, Hungary.
  • How did it come that the Germans are doing so well and the Greeks so badly?
  • The Europeans as a people had gone through 2 of the worst wars human beings had ever experienced, fought overwhelmingly on European soil.
  • So they embarked on a unity starting in 1945 and came about in the 1990s. Took them a long time.
  • In order for a unified Europe to be, a source of peace and prosperity, it’d have to balance out the rich and the poor.
  • Who were the poor ones coming into the European Union. Greece and Portugal and Spain, and later eastern Europe.
  • None of that was done under the unified Europe the equalizing process. The Germans the French and the Dutch were terrified of unity, they wanted the big market, but they were afraid that businessmen would move production from the high wage parts of Europe, Germany, Scandinavia, etc. to the poorer places where wages were lower.
  • The extreme example is Greece. They lost out, they had to pay high European prices, they are stuck with the currency of Europe, they’re buying more German products, as their own industries disintegrate.
  • German wealthy people took the profits they earned and lent them to the Greeks and the other southern Europeans. To blame the borrower and exonerate yourself as the lender is to not see the entire disaster.
  • This is capitalism delivering a disaster to the majority of people.
  • Greece is also a population coming out of shock and its very very angry.
  • A socialist party that imposed austerity on the mass of the people has now got the people’s response, 8 percent support you.
  • It’s hard to imagine that you’re not moving toward a fundamental civil conflict.
  • Workers taking over the enterprises is number one. Number two there ought to be a nationalization of wealth in this society, so that its redistributed in a way that makes society fair and equitable.
  • Socialism has its problems too, but we have a capitalism that is becoming intolerable for tens of millions of people.
  • We have to recognize that not making a dramatic break is plunging people into an even greater degree of risk.
  • The Iowa Farmer’s Militia issued a decree. The next judge that authorizes a foreclosure, we’re going to kill him.
  • Roosevelt had to mobilize the Army and the National Guard to protect the judges.
  • This is a re-run of an old movie and it never ends well.

Guest –  Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program in International Affairs of the New School University, New York City. He also teaches classes regularly at the Brecht Forum in Manhattan.
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Why I’m Suing Barack Obama: Chris Hedges

In March of this year, the latest version of the National Defense Authorization Act signed by President Barack Obama on Dec 31, 2011 will take effect.  As many listeners know, this act authorizes the military for the first time in more than 200 years to begin domestic policing. That means the military can indefinitely detain without trial any US citizen deemed to be a terrorist or an accessory to terrorism. You could then be shipped to a black site or offshore prison. We’ve discussed in past shows the vague premise of materially aiding terrorism or in this bill the terms “substantially supported,” “directly supported” or “associated forces.” We’re joined today by returning guest Chris Hedges to talk about his recent article Why I’m Suing Barack Obama which examines why the National Defense Authorization Act was passed.

Chris Hedges:

  • It turns over almost 200 years of legal precedence so that the military is allowed to engage in domestic policing.
  • Diane Feinstein had proposed that US citizens be exempt from this piece of legislation both the Obama Whitehouse and the Democratic Party rejected that.
  • Obama issued a signing statement saying this will not be used against American citizens.
  • That fact is that it can be legally used against American citizens.
  • There was an opportunity to protect American citizens and due process, the chose not to do that.
  • It expands this endless war on terror.
  • There are all sorts of nebulous terms such as associated forces, substantially supported.
  • When you look at the criteria by which Americans can be investigated by our security and surveillance state, its amorphous and frightening.
  • People who have lost fingers on a hand, people who hoard more than 7 days of food in their house, water proof ammunition. I come from rural parts of Maine, that’s probably most of my family.
  • Its a very short step to adding the obstructionist tactics to the Occupy Movement.
  • The very agencies that are being pulled into domestic policing, especially the Pentagon, didn’t push for the bill.
  • They approached me and said they needed a credible plaintiff, because I had been the Middle East Bureau Chief for the New York Times.
  • I spent considerable time with both individuals and organizations that are considered by the US State Department to be either terrorists or terrorist groups.
  • I’m trying to be proactive, I’m trying to fight it while we can still fight it. The reason we filed in the Southern District Court is because they have a fairly good record of at least being open to issues of civil liberties.

Guest – Chris Hedges, American journalist, author, and war correspondent, specializing in American and Middle Eastern politics and societies. His most recent book is ‘Death of the Liberal Class (2010). Hedges is also known as the best-selling author of War is a Force That Gives Us Meaning (2002), which was a finalist for the National Book Critics Circle Award for Nonfiction.

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Immokalee Workers: Trader Joe’s Victory, Campaign Turns To Publix Supermarkets

Earlier this month, Trader Joe’s and the Coalition of Immokalee Workers (CIW) announced they have signed an agreement that will formalize the ways in which Trader Joe’s will work with the CIW and Florida tomato growers to support the CIW’s Fair Food Program.  The efforts to push the farm worker living standards above slave labor is gathering momentum in Florida. Now efforts turn to Publix supermarkets. The 28 billion dollar supermarket giant has refused to pay a single penny more to help end farm worker poverty.  The Fair Food Program campaign has shifted its focus onto Publix and we get an update from Jake Ratner and CIW member Elbin Perez.

Elbin Perez:

  • We finally won with Trader Joe’s and its extremely important for us.
  • One of the main tactics we use is protest. We were planning an enormous protest the day Trader Joe’s opened their first Florida store about 30 miles from Immokalee in Naples.
  • With that pressure, the day before they opened the store, they signed an agreement with us.
  • Historically some received some poverty wages there are no rights in the fields and workers have had no voice in the work place. What are rights without enforcement.
  • Workers are now seeing an increase in their paychecks in the form of a bonus that they are receiving from companies like Trader Joe’s.
  • Currently we’re also asking Publix to do the same thing and to sign on to the Fair Food Agreement.
  • What we’re calling for is a fast. A fast to begin outside of the Publix headquarters which is located in Lakeland Florida. There refusal to participate in these agreements will result in more hunger from more workers.

Guest – Elbin Perez, Coalition of Immokalee Workers member.

Translator:  Jake Ratner -son of co-host Michael Ratner. Jake graduated from the University of Pennsylvania. He’s traveled and studied in Cuba and Bolivia, South America. He now works with the Coalition of the Immokalee Workers.

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