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Law and Disorder February 7, 2011

Updates:

New Vatican Rules On Handling Priest Sexual Abuse Cases

Earlier this year, the Vatican had revised its laws making it easier to discipline sex abuser priests. The new internal of the Vatican will use faster judicial procedures instead of full ecclesiastical trials. Critics of the revisions, say the Vatican merely tweaked the process and the new rules don’t hold bishops accountable for abuse by priests on their watch or require that they report the sexual abuse to the authorities. In the same report was the inclusion that attempting to ordain women as priests was comparable to heresy, apostasy and pedophilia. To many it was a comparison meant to resist any suggestion that pedophilia can be addressed by ending the requirement of celibacy.

Barbara Blaine:

  • SNAP is now a worldwide movement of survivors. We invite supporters join us, we have approximately 10 thousand survivors.  Some are spouses and family members but most are survivors; survivors of sexual abuse by priests or other clergy members.  Sometimes by religious brothers, by nuns, deacons even bishops.
  • We grew in 2002 and 2003 as the headlines were exploding of abuse by priests.
  • We have support group meetings in the United States in about 65 different cities. We were extremely naive, not to mention wounded trying to figure out how to make it from day to day. Its empowering for us if we can protect someone who is 12 or 13 from being abused.
  • Some documents was released in 2009 in Ireland. Those were the result of government investigations into the allegations of priests and other religious figures sexually abusing children.  Victims across Europe, in Germany and Belgium, Austria, Netherlands, England began speaking out and reporting their abuse. In Ireland at the end of 2009, four bishops were resigning their positions.
  • From our perspective, what comes out of the Vatican is a lot of lofty words and empty promises. If you look for concrete action, you’ll see very little if any.  We as victims are devout Catholics and its really incredible for us to comprehend that someone in the position of authority in the church would not want us to be protected.
  • It was heartbreaking and devastating to learn the policy of the church officials is to protect the predators and their assets and their reputations, not the children.
  • They’re accountable to no one and its okay for them to continue and commit these crimes.
  • The vast majority of victims still do not report. More than 5 thousand priests have been identified are sexual offenders who have abused children between 1950 and 2008.
  • 5 percent of priests abusing children. When someone rapes a child they get fired, in the church they get promoted. SNAPnetwork.org / bishopaccountability.org


Attorney Pam Spees:

  • We joined a conversation with SNAP looking for ways to insure accountability for what’s going on.
  • Is there a legal framework that gets at the widespread nature of this. There’s one book out that discusses the 2000 year old paper trail of sexual abuse in the church.
  • You’ll hear things like a cardinal or a pope attempt to make an apology. They’re sorry for what happened to these folks. It didn’t just happen.
  • It shows the lack of attention and lack of awareness of the gravity of what’s going on and a prioritization of the church protecting itself and its power, rather than insuring the protection of the kids in the church and others who are vulnerable to abuse by priests.
  • It also looks like an attempt to decentralize the responsibility. There are key legal experts who have discussed this as crimes against humanity.
  • These are acts that are committed as a widespread or systematic assault or attack on the civilian population.
  • When you’re talking about the massive sustained harm that is being caused here and the lack of awareness and acknowledgment. . it’s really astonishing.
  • The International Criminal Court is a possible venue that has jurisdiction on crimes against humanity.
  • The Church can’t be trusted to police itself.

Guest – Pam Spees, senior staff attorney in the international human rights program at the Center for Constitutional Rights. She has a background in international criminal and human rights law with a gender focus, as well as criminal trial practice

Guest –  Barbara Blaine,  founder of  SNAP, Survivors Network of those Abused by Priests, the nation’s oldest and largest self-help organization for victims of clergy sexual abuse.

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38 years since Roe v. Wade

The politics of abortion continue to divide the country as nearly 38 years have passed since the Roe v Wade decision. January 22, marks the landmark decision by the United States Supreme Court to legalize abortion. Tens of thousands of women have been saved from death and serious injury since abortion became legal in 1973.

Will legal abortions be attacked by the new Congress?  Representative John Boehner and 50 supporters seek to codify the Hyde Amendment with The No Taxpayer Funding for Abortion Act.  Listeners may remember our interview with Rhonda Copelon who filed a nationwide class action lawsuit that stopped Hyde from taking effect in 1976 which would prohibit Medicaid funded abortions for poor women.

Both sides of this controversial issue will be heard during this anniversary, meanwhile the longstanding clash between anti-choice people and abortion clinics continue. In a Bronx abortion clinic for example, police and National Lawyers Guild legal observers monitor the threats against escorts or anyone interfering with those going into the clinic.

Betty Maloney:

  • It’s been over five years that the clinic has been attacked by the right wing.
  • The groups that are out there are funded by Chris Slattery, he runs about 26 crisis pregnancy centers, false clinics throughout the different boroughs and also by the Catholic Church.
  • There are religious rightists out there, praying, harassing, yelling at women as they enter the clinic, and also yelling at their partners as they enter the clinic.
  • They yell, “you’re not a real man.”  “We have alternatives.”
  • They particularly target the Bronx. It’s a poor neighborhood. It’s the outer boroughs.
  • New York Coalition for Abortion Clinic Defense
  • There is a clinic access law and they’re supposed to stay behind barricades, 15 feet away.
  • Dr Emily’s Clinic there have been situations where they (protestors) have changed womens’ minds.
  • We have vests on that indicate we’re escorts. We also act as a guard by putting ourselves between them (the right wing) and the women. We try really not to engage them.
  • Franciscan Monks will say you’re out here because you’re angry and never been loved by a real man. Radical Women – 212-222-0633
  • We’re out there every Saturday from 8AM to NOON.
  • Congress failed by only one vote to sterilize all Japanese women that were interned.

Cristina Lee:

  • I’ve been doing legal observing at the clinic for 6 months. The police are very hands off.
  • We’ve also seen officers who’ve been very very chummy with the anti-choice activists.
  • It doesn’t take much for them to say, you need to be 15 feet back, and they won’t even do that.
  • We have legal observers go to clinic to observe how the police are enforcing the laws, are they enforcing the laws. Franciscan Monks go not just to object but are very abusive verbally.
  • It’s not something that’s happening in the mid West.
  • If you want to get involved as an escort you can go the New City Chapter of the National Lawyers Guild.

Guest – Cristina Lee, law student and National Lawyers Guild legal observer.

Guest – Elizabeth Maloney, member of Radical Women and led a delegation of Radical Women members to Jackson Mississippi to defend the last abortion clinic.  In 1984, the group had helped to get the first conviction of a fire bomber.

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Law and Disorder January 31, 2011

Jon Burge, Former Chicago Police Commander Sentenced to 4 ½ Years

Here on Law and Disorder we’ve reported on the ongoing developments of the Chicago Torture case and former Chicago police commander Jon Burge. Burge has been sentenced to 4 and a half years in prison for obstruction of justice and lying about torturing prisoners to obtain coerced confessions. The People’s Law Office brought the case in 2005 and the city of Chicago refused to settle while pumping hundreds of thousands of dollars into the case. Attorney with the People’s Law Office Flint Taylor says the city has spent over the 10 million dollars in aiding the defense of former Commander Jon Burge. Mr. Burge, who is 63 and in ill health, was fired from the Chicago Police Department in 1993.  Attorney Flint Taylor’s Statement on Burge sentencing.

Attorney Flint Taylor:

  • Burge did not do this alone. Many people working under him or with him, those people are under investigation.
  • The city pours millions of dollars into the defense of Burge with private lawyers.
  • There needs to compensation and treatment for all the men that were tortured that number is in the hundreds.
  • We have a mayoral race here, with 3 Daley clones, none of them have addressed what the judge has said.
  • The judge cited the city and the police department as well as the state’s attorneys office under Richard Daley has a dismal failure of leadership with regard to these cases.
  • To be in the court room and hear a judge adopt our view that we fought so hard for, that was very rewarding.
  • People look at the sentence, it’s a little less than five years, of course you should do much more than that for torture.  The judge had her hands tied in some degree and she went as high as she could, going double on the guidelines that were recommended.
  • We’ve been raising for decades why Richard Daley didn’t prosecute for torture when he was states attorney.
  • The Obama Administration’s failure or refusal to prosecute admitted torturers, I’m talking about Bush who in his book admitted that he authorized water boarding.
  • Chicago is a beacon of light in the fight against torture.
  • We fought for decades here to get the prosecutions, to get the convictions, to get the sentence.

Guest – Attorney Flint Taylor, a graduate of Brown University and Northwestern University School of Law and a founding partner of the Peoples Law Office. More bio

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State of Democratic Rights – Bill Goodman

We’re joined today by attorney Bill Goodman former legal director for the Center for Constitutional Rights. Bill has been an extraordinary public interest lawyer for more than 30 years he’s served as counsel on issues including post-Katrina social justice, public housing, voting rights, the death penalty, living wage and human rights work in Haiti.  Bill delivered a speech recently titled the State of Democratic Rights, defining democracy as we now understand it. Everyone of these defining points has been attacked or undermined and very little has been done to repair them under the Obama Administration.

Attorney Bill Goodman:

  • If you want to define or crystallize what American democracy looks like in maybe 7 concepts you can break down pretty well.
  • People can’t be detained without good cause and without being charged with a crime in front of an independent magistrate.
  • They can’t be tortured or punished in ways that are extreme.
  • They’re allowed to protest publicly. First Amendment rights.
  • People can’t be discriminated against based upon religion.
  • Separation of powers, so that no single branch of government becomes overly important or overreaches.
  • Right to privacy. The government can’t break into our houses, unreasonable search and seizure.
  • The right to free and fair elections and have our votes counted.
  • From a lawyers perspective, what I see is an unwillingness of the courts.
  • It’s shameful that these judges don’t step up to the plate and say that this should not happen and will not happen.
  • Humanitarian Law v. Holder. There’s a very serious attempt to extend the concepts of terrorism to protesters right here in the United States.
  • People who work on behalf of the environment, animal rights.
  • The United States Supreme Court is happy to say that huge corporations can spend as much money as they possibly want to shift and tilt the electoral playing field right here in the United States.
  • In order to strengthen the Constitution we need active aggressive organized movements.
  • Within the end of a generation we can see the end of public education in the United States.

Guest – Bill Goodman, former legal director for the Center for Constitutional Rights has been an extraordinary public interest lawyer for over 30 years, and has served as counsel on issues including post-Katrina social justice, public housing, voting rights, the death penalty, living wage, civil liberties, educational reform, constitutional rights, human rights work in Haiti, and civil disobedience.

Post Coup Aftermath – Honduras: Sarah Hogarth

Today we are joined by legal worker Sarah Hogarth who has recently returned from a human rights delegation to Honduras through the Friendship Office of the Americas. We talk with her about her observations on the post coup human rights crisis in that country. As listeners may know On June 28, 2009, the Honduran military ousted the democratically elected President Manuel Zelaya. Former Parliamentary speaker Roberto Micheletti was sworn in as Zelaya’s replacement. Repressive tactics were used immediately after the coup–people on the front lines who oppose this regime have been beaten and illegally detained by the state. Journalists and LGBT activists were among the first to be targeted and killed. Dr James Cockcroft joins interview.

Sarah Hogarth/ James Cockcroft:

  • The purpose was to meet with the movement leaders and the human rights organizations there.
  • Honduras elections broadly considered to be illegitimate.  The president who was overthrown, brought Honduras into ALBA.
  • The outgoing president was flown out of a US military base in Honduras. The whole world knew this, but the United States said it wasn’t a coup.  Now wikileaks shows that the ambassador was already telling Washington, it’s a coup.
  • Zelaya was not the most radical of political leaders by any stretch.
  • The resistance movement there is truly an inspiration. The new Honduran regime has instituted anti-terrorism legislation.
  • The community radio movement in Honduras is the primary means, to disseminate real news about what’s happening.
  • There was a time after the coup the radio equipment was not only shut down by the military but the equipment destroyed.
  • Withing 48 hours, community radio stations from other Latin American countries rushed to the borders of Honduras to keep communications going into Honduras among the resistors.
  • The people want the money flow to stop funding the new regime.
  • Six thousand Marines were just sent to Costa Rica. Two military bases in Honduras, 6 in Columbia.
  • The whole foreign policy of the United States has been and extension of the Bush policy of militarization of the world.
  • This is being pitched in the context of the war on drugs. Disguise the imperial intervention with the war on drugs.
  • There is an extremely small amount of arable land in Honduras.
  • The level of unity among all these people is truly impressive.
  • Another thing that is discouraging is the extreme privatization that has happened over the past year.
  • They have given away the farm to these large corporations.

Guest – Sarah Hogarth,  human rights activist in New York City. She is a freelance legal worker and writer and has recently returned from a human rights delegation to Honduras through the Friendship Office of the Americas. The delegation met with activists to learn about the human rights situation in Honduras in the one year since the elections in November 2009. In June 2009, democratically elected President of Honduras, Manuel Zelaya, was removed in a military coup d’etat.

Guest – Dr. James Cockcroft, historian and activist, Jim has written 45 books on Latin America. He’s a professor at the State University of New York and is a member of the International Committee for the Freedom of the Cuban Five.

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Law and Disorder January 24, 2011

Updates:

The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict.

It’s been more than 2 years since Israel’s Operation Cast Lead, a massive surprise air strike against the Gaza Strip. In its aftermath, researchers began to unearth and document evidence of war crimes, human rights violations. Among those investigations was the Goldstone Report officially titled the Report of the United Nations Fact-Finding Mission on the Gaza. The report is based on a course of investigations that include 188 interviews, the review of 10 thousand pages of documents and the inspection of 1200 photographs.  While most war crimes reports fade into the night, The Goldstone Report is kept alive in a recent book titled  The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict.

The authors Lizzy Ratner, Adam Horowitz and Philip Weiss have reprinted the central findings of the report and include 11 essays chronicling the report’s ongoing impact.  The introduction is written by author Naomi Klein with a forward by Archbishop Desmond Tutu.

The Goldstone Report:

  • LR: Operation Cast Lead: I remember thinking, can this just happen? Is there some kind of law that says this can’t happen?  Judge Goldstone is South African, he was a member of the Constitutional Court in South Africa. He is seen as someone who really advanced international law.
  • He’s a big Zionist. He’s a committed Zionist. In Israel, they loved him before this report.
  • He was fast friends with the head of the Supreme Court in Israel.
  • He goes to Gaza in 2009. It’s interesting he remark that thought that he would be kidnapped by Hamas. I think what happened, he went and he saw what life was like in Gaza, and had a bit of a conversion.
  • This is not somebody you would expect to come out and issue a report like this.
  • Our mission was there’s this report out there, it’s controversial, thunderous, it’s convulsive. Not many people have read it.  Once we read it, it became clear, it’s contents were extraordinary.
  • It lays out the events of Gaza in minute and devastating detail. We wanted to abridge the report and that really forms the core of the book.
  • We have a series of 11 different essays. Each take for the Goldstone Report with a different perspective.
  • PW: The first and last essays are from Gazans.
  • It’s explained in very vivid terms what it’s like to be under assault, to see white phosphorous raining down on this strip, which is tiny, it’s the size of Martha’s Vineyard and Nantucket put together. 1.5 million people.
  • Rogi’s thesis just itemizing this assault on Palestinian dignity, saying this is a basic human right, to live in dignity.
  • Goldstone: Lack of discrimination between civilians and combatants. A deliberate attack on the civilian infrastructure on the means of life. Israel had several recourses before it launched an all out assault on civilian infrastructure.
  • The Goldstone Report contradicts what Israel tends to say. One of things the report makes clear is there had been a cease fire for 6 months before the attack.
  • United States –  We’re not going to stop you Israel when you inflict collective punishment on 1.5 million people.
  • This book really helps give a window into the current perception of the Israel, Palestinian conflict as a whole and how that perception is changing.
  • AH: The anti-Goldstone report speeches were very uninformed.  They treated him like a witch and ex-communicated him from the Jewish community. Goldstonereportbook.com
  • The criminality, the complete selfishness, the utter indifference to other peoples lives.
  • I realize how much I was made to hate Arab people and Palestinian people and to think that they were lesser.
  • Everything you’ve heard was wrong about them.
  • At the heart of it, the Goldstone Report tells the story of people who had to live through a horribly traumatic event.  You won’t be able to dismiss 1300 people being killed as people that should have died.
  • LR: Stop it Jewish people, you’re doing the wrong thing, you’re behaving in an immoral, unethical way and its wrong. Any human should be offended from what happens in Gaza and what still happens there.

Guests – Lizzy Ratner, Adam Horowitz and Philip Weiss

Lizzy Ratner a journalist here in New York City, her articles appear in many publications including The Nation and Alternet.

Adam Horowitz is an editor and journalist covering American foreign policy in the Middle East, he co-edits the blog Mondoweiss and is a founding member of Jews Against the Occupation.

Phil Weiss, founder of the blog Mondoweiss, is a longtime journalist and regular contributor to the Nation and a fellow at the Nation Institute  He’s the author of two books a political novel, Cock-A-Doodle-Doo, and American Taboo, an investigative account of a 1976 murder in the Peace Corps in the Kingdom of Tonga.

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