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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 31, 2010

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No End In Sight, Number One In War

What will you remember on Memorial Day?   US law officially proclaims Memorial Day “as a day of prayer for permanent peace.” – However, the US is much closer to permanent war than permanent peace – writes Bill  Quigley,  legal director of the Center for Constitutional Rights in his recent article titled No End In Sight, Number One In War. The  article outlines, the rising costs of war, the damage to country and who reaping massive profits. At what point do we begin to transition to permanent peace?

Bill Quigley:

  • Yes, politicians are making hay from the permanent war, but there’s also a lot of people who are making an awful lot of money from the US military.
  • We discount the role they’re playing, in keeping the US constantly fearful and preparing for and perpetrating war in every place across the globe.
  • This is something that people are afraid to talk about.
  • The “Axis of Evil” spends less than one percent of what the US spends. This coming year the US will spend 708 billion dollars on war and another $125 billion for Veterans Affairs.
  • Al-Qaeda spends less than one percent of one percent of what the US spends.
  • You have to ask yourself “why?” Why are people in the United States more afraid than anybody in the whole world? Fanning the flames of fear. Behind the scenes are huge corporations that are making billions of dollars.
  • We talk about Blackwater, but there are a couple corporations that dwarf Blackwater.
  • Lockheed Martin, a huge corporation that runs almost entirely on tax payer money. 140 thousand employees.
  • A corporation totally reliant on the United States Congress. You spend 125 thousand lobbying Congress and Congress doesn’t get some benefit from that.
  • The US is spending 10 times more on the military than China.  Who is calling for accountability on this spending?

Guest – Bill Quigley. Bill is the Legal Director for the Center for Constitutional Rights, a national legal and educational organization dedicated to advancing and defending the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Bill joined CCR on sabbatical from his position as law professor and Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans. He has been an active public interest lawyer since 1977.

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End The Korean War

Hosts get an update on the uneasy tensions between North and South Korea. A multinational investigation concluded last week that a North Korean submarine had torpedoed the 1200 ton warship called the Cheonan back in March killing 45 people. North Korea denies involvement in the sinking, South Korean defense ministry denies that any of its ships had crossed “Northern Limit Line.”  Meanwhile, the threat of sanctions against the already oppressed North Korean population escalate. South Korea and the Obama administration have agreed to initiate joint anti-submarine military exercises near North Korean border.  Right now, there are almost 29,000 U.S. troops in South Korea.

Eric Sirotkin:

  • When you look into the history of the conflict, and we are still technically at war, as an armistice doesn’t technically end a war only stops the shooting.
  • These kind of incidences occur because you don’t have a peace regimen to fall back on.
  • There is a very conservative South Korean government. Very hawkish toward the North
  • The intitial report of them torpedoing the boat, there are a lot of questions, there are people who are writing about Tonkin Bay, and thinking about.
  • You have a choice to march toward war or go toward peace.
  • The United States at this point is ramping up the rhetoric.
  • Before this situation with the South and the North, we had a lot more exchanges and things were going in a positive direction.  If you think there’s no exit strategy after Iraq, look at Korea, sixty years later.
  • We’re working with a campaign to end the Korean War.

Guest – Attorney Eric Sirotkin, is a member of the National Lawyers Guild and helped found Korean Peace Project. Eric Sirotkin, the founder and Director of Ubuntuworks,  LLC mixes his experience as a human rights lawyer, film producer, author and peacemaker. Over the years his peacemaking activities have taken him around the world, including India, Peru, Cuba, South Africa, Japan, North and South Korea, France,  Netherlands, Canada and China.  He contributed to dialogue on the new Constitution in South Africa, was a UN sponsored election observer at President Mandela’s election and coordinated an international monitoring Project of the South African Truth and Reconciliation Commission.

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Omar Khadr, First Military Commission Trial Under Obama

Last week the first military tribunal opened under the Obama administration. It is the case of Omar Khadr, the Canadian citizen, military prosecutors say that Omar Kadr threw a grenade that killed a US Special Forces medic in Afghanistan and helped build roadside bombs to use against American soldiers. We look at why the Obama Administration is putting a detainee on trial who was 15 when he was captured and whether the self – incriminating statements he has made can be used as evidence.  Unless the Prime Minister acts to request repatriation, Khadr could face conviction by a jury of U.S. military officers based on evidence extracted by torture.

Attorney Jonathan Hafetz:

  • International law is very clear on how you treat child soldiers. In 2001, military commissions were struck down by the Supreme Court, in 2006 in the Hamdan Case, Congress created them again.
  • The hope was that Obama was going to close this chapter and end military commissions.
  • Obama suspended military commissions for 4 months and brought it back.
  • You have huge issues in Khadr’s case. He was a child soldier. He was accused of killing an American soldier in a fire fight. Number one, the US doesn’t seem to have any credible evidence not derived from torture or other abuse that Khadr actually killed the serviceman.
  • Even if they had evidence that Khadr was responsible for the death of this serviceman, it’s not a war crime. It’s part of war but not a war crime.  The US government’s theory of war is totally distorted.
  • On the day of the first war crimes trial of a juvenile in US history, the day its starts and new rules are handed out, I don’t think they had enough copies to give to all the council.

Guest – Jonathan Hafetz, attorney with the ACLU’s National Security Project.

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Law and Disorder May 24, 2010

Updates:

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Labor Relations at the American Red Cross and It’s Impact on Employee and Donor Safety (PDF)

Hosts look at a suprising report detailing the cost cutting efforts within America’s premier disaster relief and blood donor organization, the American Red Cross. Award winning Washington based reporter Philip Dine has put together an investigative summary titled – (PDF)Labor Relations at the American Red Cross and It’s Impact on Employee and Donor Safety that enumerates the effects of cut backs that have led to bad labor relations, bungled disaster relief, mishandled blood supplies and federal fines. The investigation examines a far less publicized issue that involves the treatment of Red Cross employees and the impact this has on the organization’s work, with high turnover, younger employees and lower wages.

Philip Dine:

  • Over the years, the Feds saw that the Red Cross was not living up to its promises.
  • Red Cross labor relations: For years the Red Cross has been intent on degrading the training and expertise of the employees.
  • At one point you needed doctors on site for blood drives, then it became registered nurses, then it became nurses on call, and then non-medically trained supervisors.
  • It seems that the Red Cross wants to have more management control and lower pay and that basically means a disposable work force.
  • Management mess: 10 Executive directors in 12 years.
  • High turnover at the top, a budget deficit, despite the main money maker – the blood supply which they get for free. It accounts for 2/3 of revenue.  Calling for an audit
  • Workers increasingly hired from fast food outlets with no experience, workers see co-workers improperly inserting needles into people. More articles
  • I’ve been covering labor for 25 years/ Please contact Philip Dine directly at – philipmdine@aol.com

Guest – Philip Dine author of “State of the Unions: How Labor Can Strengthen the Middle Class, Improve Our Economy, and Regain Political Influence.”  Philip Dine is teaching a labor-management course at the George Washington University School of Business this fall.  State of the Unions has won honorable mention for best book about labor or work of the past five years from the United Association for Labor Education.

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Medical Students Advocate Against Health Professional Participation in Torture

Last year it was confirmed that doctors and psychologists were directly involved in the supervision, design and execution of torture at U.S. military and intelligence facilities. This is a violation of state laws and professional ethics. These “health professionals” that were involved in the torture still hold their professional licenses to practice. Legislation introduced in New York by Assemblyman Richard Gottfried and Senator Tom Duane would reinforce existing ethical and legal responsibilities by prohibiting state-licensed doctors and other health professionals from participating in such practices. The law would also call for legal protection to resist and report any involvement in acts of torture and abuse. Last week, medical students and health professionals descended on Albany to meet with law makers to advocate the passage of this historic legislation. Physicians For Human Rights / When Healers Harm

Dr.Allen Keller:

  • If you’re a health professional that participated in torture, you can lose your license.
  • Health professionals were front and center and complicit in this policy of torture.
  • Medical professionals provided sanitizing and rationalization for those infamous torture memos.
  • During water-boarding there would be a doctor there. This is clearly a breach of medical and professional ethics.
  • Licenses issued by the state.  Torturers relied heavily on medical opinion.
  • The state chapter of the New York Psychological Association has endorsed this bill.
  • What I believe is that the interrogator looks at the health professional and says, well, if it gets out of hand, the medical professional will stop me.
  • Suvivorsoftorture.org – The Bellevue/NYU Program for Survivors of Torture provides comprehensive medical and mental health care, as well as social and legal services to survivors of torture and war traumas and their family members. In the past year alone we provided these multidisciplinary services to more than 600 people from 70 countries.

Guest – Dr. Allen Keller, founder and director of the Bellevue/NYU Program for Survivors of Torture. In addition to serving as a primary care physician for many patients in the Program (Dr. Keller speaks French and Spanish). Dr. Keller oversees and coordinates the provision of medical services for Program patients, working with other primary care physicians and medical specialists affiliated with the program.

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Law and Disorder May 17, 2010

Updates:

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Kagan “Loves” the Federalist Society

Hosts discuss Elena Kagan’s background with Francis Boyle, Professor of law at the University of Illinois. Boyle is author of “Tackling America’s Toughest Questions.” In his article titled  – – Supreme Court Pick: Kagan “Loves” the Federalist Society, – – Boyle notes Kagan explicitly endorsed the Bush administration’s bogus category of ‘enemy combatant,’ whose implementation has been a war crime in its own right. He also writes that “Kagan has actually said ‘I love the Federalist Society.’  Almost all of the Bush administration lawyers responsible for its war and torture memos are members of the Federalist Society.  Read – Dean Elena Kagan: Harvard’s Gitmo Kangaroo Law School — The School for Torturers

Law Professor, Francis Boyle:

  • She has fully defended the hideous Bush atrocities, civil rights, human rights, civil liberties.
  • No retreat or abandonment of the Bush positions.
  • She (Kagan) did write this tome in the Harvard Law Review, equivalent to the Federalist Society, unitary executive power theory of the presidency.
  • She’d be a total disaster on the cases that really count for the future of the US Constitution and the Bill of Rights.
  • She’s a neo-conservative and has no qualifications to speak of.
  • (She) hired Jack Goldsmith, author of torture memos and helped set up kangaroo court system in Guantanamo. We are still fighting Kagan supporting the Bush war on terrorism.
  • Kagan stated on National Public Radio on December 22, 2009, “I Love The Federalist Society”
  • Obama and his people know that Kagan will be the spear carrier for presidential powers on the Supreme Court
  • This is a very dangerous time for the future of our republic and Constitution.  The statement that she cares for the common people. . . she’s an elitist snob.
  • There she is promoting globalization at Harvard Law School?? Hiring people to teach “globaloney” just to lick the boots of Larry Summers?  While dean at Harvard Law School, she was moonlighting at Goldman Sachs payroll.
  • This is all incredibly incestuous. Unlike Bush who wasn’t a lawyer, Obama taught Constitutional Law at the University of Chicago Law School, he should know better.

Guest – Professor Francis Boyle, A scholar in the areas of international law and human rights, Professor Boyle received a J.D. degree magna cum laude and A.M. and Ph.D. degrees in political science from Harvard University. Prior to joining the faculty at the College of Law, he was a teaching fellow at Harvard and an associate at its Center for International Affairs. He also practiced tax and international tax with Bingham, Dana & Gould in Boston.

He has written and lectured extensively in the United States and abroad on the relationship between international law and politics. His eleventh  book, Breaking All the Rules: Palestine, Iraq, Iran and the Case for Impeachment was recently published by Clarity Press. His Protesting Power: War, Resistance and Law has been used successfully in  anti-war protest trials.

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In Memory of Attorney Rhonda Copelon

Hosts talk with Cathy Albisa, executive director of the National Economic and Social Rights Initiative. about the human rights legacy of Rhonda Copelon.  Rhonda had a huge influence on changing international law for human rights.  She founded the International Women’s Human Rights Law Clinic.  

Lawyers You’ll Like series with Rhonda Copelon. Part 1 Part 2.

Attorney Cathy Albisa:

  • I worked with Rhonda at CUNY,  we both co-counseled with CCR on a couple of cases.
  • I met Rhonda on a car ride, a 25 hour car ride. We spent 25 hours talking about human rights in the United States.  Rhonda had a huge influence on NESRI
  • Rhonda never stopped lamenting Harris v McRae, she was still furious and outraged.
  • The assumption embedded in that case is the court is saying, we’re not responsible as a society, the poverty of this woman.  Copeland Fund For Gender Justice.  Rhonda thought it was critical that a progressive gender perspective be embedded into some body of work that really looked at these gender issues in a cross cutting way, that understood the relevance of poverty, the relevance of race, the relevance of sexual minorities.
  • Rhonda was not a wealthy woman, she was a law professor and saved her money. She gave 1 million dollars for this fund and that was everything. The case that she says always saved my life was Filártiga v. Peña-Irala.
  • She founded the International Women’s Human Rights Law Clinic. What she did with that clinic is challenge the traditional model of human rights law coming out of the United States.
  • She made no claims of being objective, she was on the side of victims, of people with similar politics to her own.
  • This changed international law. Rhonda: Don’t disregard the banal, the ordinary things that actually represent deep violations.
  • The way Rhonda went about things, she merged intellectual capital with a strategic ferocity and personal good will and relationship building.
  • She thought it was very important that people understand they’re part of a broad social justice and human rights movement.Cathy Albisa joins us today to talk about her work with the National Economic and Social Rights Initiative and Rhonda’s work as legal adviser to the Women’s Caucus for Gender Justice.

Guest- Cathy Albisa, is a constitutional and human rights lawyer with a background on the right to health. Ms. Albisa also has significant experience working in partnership with community organizers in the use of human rights standards to strengthen advocacy in the United States. She co-founded NESRI along with Sharda Sekaran and Liz Sullivan in order to build legitimacy for human rights in general, and economic and social rights in particular, in the United States.

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