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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 March 8, 2010

Updates:

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Mass Demonstration Planned: March Forward

On Saturday March 20, there will be a massive National March and Rally in Washington DC organized against the Iraq and Afghanistan wars, while fighting for social and economic justice at home. The demonstrations will pull together veterans, active-duty service members and those have served in the US military. Other mass rallies will be held on the same day in San Francisco, and Los Angeles. The day before on Friday March 19, there will be a day of action and outreach.  Today Michael Prysner joins us to give us more information and details on this mass demonstration. Michael recently delivered a powerful speech as an IVAW member.  From Michael’s speech, ” Our real enemies are not those living in a distant land whose names or policies we don’t understand; The real enemy is a system that wages war when it’s profitable, the CEOs who lay us off our jobs when it’s profitable, the Insurance Companies who deny us Health care when it’s profitable, the Banks who take away our homes when it’s profitable. Our enemies are not several hundred thousands away. They are right here in front of us.”

Mike Prysner:

  • I’m a co-founder of March Forward, it’s also an affiliate with the ANSWER coalition which is Act Now To Stop War End Racism. We know now that there are more people who are becoming tired of the wars and watching 500 million dollars a day squandered on these senseless wars and occupations.
  • On March 20, you’re going to see thousands of people from all over the country. We’re coming off of a year of President Obama being elected. Many people thought that they were voting for an to the war, and change to the colonial policies of the US government.
  • So, change comes not from an election, but through a struggle and mass movement.  We need to be there on the anniversary of the criminal invasion of Iraq.
  • Demands: US out of Iraq and Afghanistan. An immediate end to occupations. Freedom for Palestine, reparations for Haiti, money for jobs, education, housing and health care, not for war.
  • WAR: This is about the United States expanding its reach economically, to seize the local economies and natural resources and the markets of these countries.  These wars are for empire to expand US business interests.
  • I went to Iraq in 2003 during the invasion, and then month after month I thought we were there for a very different purpose. There was a growing frustration within the military, people don’t want to go and kill and be killed.  People join the military because they need access to a job, education, health care.
  • It was the Iraqi children that I saw, that cried and screamed at us, I dragged from their houses during raids. It was innocent Iraqis that were shot. This is what turned me around.
  • Seeing their faces, that made me realize that we were not the liberators that we thought we were going to be.
  • Afghanistan: Soldiers are used as bait. They are put at an outpost and wait to get attacked. They get attacked and call in air strikes.  Soldiers are put in danger, without any real expressed purpose. Now the Generals have warned us that we should be braced for hundreds of casualties every month.
  • We have these 2 things, the horrible deaths and destruction and then no reason why. It’s cloaked in chauvinism and racism, and that’s the only justification.

Guest – Michael Prysner, lead coordinator of March Forward and Iraq Veterans Against the War member.

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John Brown’s Farm Faces Possible Closure – Update

Today we look into the possible closure of the John Brown Farm State Historic Site in North Elba, New York.  State lawmakers have announced that budget cuts could result in the closure of the farm where the famed abolitionist lived with his family and is now buried. There are others buried there, those that perished in Brown’s 1859 raid on a federal arsenal in Harper’s Ferry.  Historic sites and parks are often the first casualties of budget cuts.  In one scenario, the New York legislature would have to approve a proposed transfer of 5 million dollars from the Environmental Protection Fund to shore up the budget cuts that would affect New York parks including John Brown’s farm.  Meanwhile, many New York residents are pulling together to speak out and save this historic area.  John Brown’s Body – song Recent News: John Brown Resolution Introduced by Senator

Louis DeCaro:

  • The land was given to John Brown by Gerrit Smith who gave land grants to many including “free blacks” from New York State.  The area was nicknamed Tim Buk Tu. John Brown lived up there in a rented farm, but later his son in law built the farm house that is there (1854)
  • He was somewhat of a black nationalist as well as being a forerunner in the civil rights movement. He supported black self determination.  Some people had said it was an underground railroad stop and it really wasn’t.
  • For years, African American churches made trips to the farm, John Brown was buried there, of course after being hanged in W. Virginia in 1859.  It’s a spiritual experience, you ascend this road, you get to the top, you see the farm house there. There’s a great boulder where John Brown loved to sit on this boulder and read his Bible.
  • I brought Charles 37X up there as an elderly man in 1999. I’ll never forget the impact this had, the connections he made up there.  It’s marginalized in American memory.
  • I believe as we progress as a society that this will a place that’s more treasured.
  • There’s optimism but still the real possibility (of the farm to be closed)
  • Write to:  Assembly woman Teresa Sayward / 940 Legislative Office Bldg / Albany NY / 12248 / EMAIL: sayward@assembly.state.ny.us
  • State Senator Betty Little / Room 506 / Legislative Office Bldg / Albany NY / 12247/ EMAIL: little@senate.state.ny.us

Guest – Louis A. DeCaro, Jr. Ph.D., is Assistant Professor of History at Alliance Theological Seminary’s New York City campus, and is also the pastor of an urban church. Of course, he often dreams of being a full-time researcher and student of the life and letters of John Brown the abolitionist.  His latest work is entitled, “John Brown: The Man Who Lived” (Lulu, 2009), a collection of essays prepared in honor of the sesquicentennial of the Harper’s Ferry Raid and the hanging of John Brown. Lou’s previous works on the abolitionist are “John Brown–the Cost of Freedom” (International Publishers, 2007)–which features new insights based on cutting edge research and transcriptions of twenty John Brown letters, and ‘Fire from the Midst of You’: A Religious Life of John Brown” (New York University Press, 2002). He is also a contributor to “The Afterlife of John Brown,” edited by Eldrid Herrington and Andrew Taylor (2005), and Jean Libby’s monumental “John Brown Photo Chronology” (2009).

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Law and Disorder March 1, 2010

Updates:

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People v Bush, Charlotte Dennett

Today we talk with former Vermont Attorney General Candidate Charlotte Dennett. Listeners may remember Charlotte ran for office of Attorney General on the platform that if elected she would immediately undertake the prosecution of George W. Bush for the unnecessary deaths of Vermont soldiers in Iraq. The strategy was to establish jurisdiction in the cases for Attorneys General in each state as outlined in The Prosecution of George W. Bush for Murder, written by former prosecutor Vincent Bugliosi. Charlotte Dennett didn’t get the votes to become Vermont’s new attorney general.  Now, a year later Charlotte describes from an inside perspective the “accountability movement” in her new book titled The People v. Bush.  Is impeachment or prosecution still off the table?

Charlotte Dennett:

  • If we don’t act on them now, then the impunity will get worse, we have to clamour for Cheney’s prosecution. We’ve got to keep the pressure on the department of justice. We know that the Spanish prosecutors have done that.
  • I’ve come to realize that Obama’s mantra that we have to move forward and not look backward is really translated into: Don’t Prosecute.
  • Brennan who was involved with crafting torture policy is playing a role advising Obama not to prosecute.
  • It’s up to the accountability movement to step forward.  There are going to be major events on March 20th, the anniversary of the war on Iraq.
  • In my book the People v. Bush, I’ve got 10 pages in the appendix of all the different resources that people can turn to, to pressure Congress, sign petitions.
  • The first half of the book is about my campaign for attorney general in Vermont, where I pledged to prosecute Bush for murder.   I also lay out the evidence of how we can still do this, we can still do this by the way.
  • I became hooked on accountability, this is a struggle for democracy and the soul of our nation.
  • The book also looks at how the Obama Administration deals with the crimes of its predecessors.
  • I have to tell you Michael Ratner, you were one of the first people to start raising the alarms (Obama Administration). My book shows the gradual shock and disillusionment of his supporters.
  • People are upset that John Yoo, is doing talk shows, he showed up on John Stewart recently (OUCH)
  • Regarding Sen. Leahy of Vermont: I tracked his effort to put together a truth commission and not prosecution.  There were 37 towns in Vermont, that in their town meetings, voted for impeachment.

Guest – Charlotte Dennett, is an author and attorney who resides in Cambridge Vermont. She and her husband, Gerard Colby, have lived in Vermont since 1984. Charlotte has been practicing law since 1997, representing injured Vermonters in negligence, medical malpractice and wrongful death cases, as well as civil rights litigation and family law, and has argued before the Vermont Supreme Court.

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Lawyers You’ll Like: Center For Constitutional Rights Legal Director,  Bill Quiqley

This week, CCR Legal Director Bill Quigley joined Law and Disorder hosts during a marathon 3 hour fund raiser for Pacifica’s WBAI. Bill talked about his trip to Gaza during Operation Cast Lead, his recent trip to Haiti and his death penalty work in Louisiana.

Bill Quigley:

  • I went to Gaza with activist Audrey Stewart and Kathy Kelly, an International Peace Activist.
  • We went over there, a year ago January, while the bombing was still going on.  We were on the Egyptian side of the border where we could see the bombing of Gaza
  • There were constant drones going over head, they had aerial balloons that were doing surveillance. It was sort of like a sociopath beating a baby. There was no defense, there was no anti-aircraft, people were literally sitting ducks.
  • In my life, it compared to a time when one of my clients was being executed, in death row in Louisiana.  To see the apparatus of the state, move into action, very calm, step by step.
  • Then with full force and the respect of state behind it, pull on a switch and my client was no more. (at that time) It was a surprise that anyone in the U.S. would support the Palestinians.
  • Death Penalty: there really is a community of deathy penalty advocates who train themselves how to communicate with juries.  It is trending in the right direction by it still continues as a terrible tool, that the state has an opportunity to use when they choose to.
  • Stop and frisk case update: New York is fighting this every step of the way. The term they use to justify this is: Furtive activity
  • Culture of Intimidation: If young men don’t look at them the way they want to be looked at, if people don’t recognize their presence with the kind of respect that the police department thinks that they’re entitled to by the mere fact that they’re wearing a uniform and carrying a weapon.
  • It is something that clearly could stop if the message was sent from the top.
  • But clearly something has a green light from the top to engage in this. Authoritarian order that inconsistent with law and order, with the constitution.
  • Endemic: If you have a society that values violence, the violence we institute around the world, the way we support Israel, the way they deal with Palestine.  If we value deep racism, then what else what would we expect from a police or a military. The police and military are tools of a violent and racist regime.
  • Part of our job is to re-educate police officers. We are going to be engaged in this activity over again, in every city in the country in varying degrees.  The root problem is that we have a racist and violent criminal justice system, education system, a racist and marginalizing housing system, employment system.
  • Most people don’t have the educational opportunities to know what’s going on with Haiti, Gaza, Iraq and even within our own country.  Haiti: You could travel for miles and see no indication that international community even cared about what happened in Haiti.  Most people were under a sheet or a blanket, could break some of the sun.

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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Law and Disorder February 22, 2010

Updates:

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CCR’s Second Stop and Frisk Lawsuit: Floyd, et al. v. City of New York

In the beginning of 2009, statistics show that 84 percent of the people who were stopped and frisked by the New York City Police Department were black or Hispanic. Very few stops yielded any contraband or weapons. Critics call these stops, racially oriented harrassement and despicable. Not everyone stopped by police is frisked however. About 59.4 percent of all Hispanics stopped were also frisked, 56.6 percent of blacks stopped were frisked and 46 percent of whites stopped were frisked. Whites had composed less than 16 percent of these stops in early 2009. The New York City Police Department insists the stops help fight crime. The Center for Constitutional Rights has filed a class-action lawsuit against the city and the Police Department over the stops.  Please visit MalcolmXGrassRootsMovement.

Plaintiff David Floyd:

  • The case is surrounding stop and frisk cases, particularly in black and Latino communities.
  • I’ve been stopped in community over the past couple years.  I live in Parkchester in the Bronx.
  • Both times, I was stopped, I was going about my daily life, I work and go to school.  The second time I was stopped, was on the premises where I live.  The first time I was stopped, they gave no probable cause and I asked for names and badge numbers.
  • The second time they said there were a string of robberies in the neighborhood.  It’s a script that we found, the police go by continually.
  • It’s almost as if you’re walking down the street and somebody jumps up out of no where to rob you. They go in your pockets, they take your wallet, but in this instance, what they try to walk away with is your dignity.
  • There are ways to very calmly challenge and ask questions but they don’t like that.  I ask “why is it that I’m being stopped, do you have probable cause?”   Part of our response as a community has to support young people, anyone and everyone who are getting stopped illegally.
  • You should make sure that they know, that you know your rights.  People have cameras now, we need to make sure we document this constantly. Community members become activists so that internationally, there’s a voice that comes out.
  • The securities industry is benefiting from tactics being used against black people here in the United States. Tactics that are being used against Palestinians, Iraqis, Afghans.  The tactics that the NYPD think are successful are being exported into other cities.  There is a veil of accountability with the CCRB
  • Challenging state violence is the responsibility of those who go through it.

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Sunita Patel:

  • The important thing to remember is that the Constitution requires that police have a reasonable suspicion that a crime is about to be committed.  In 2005, there were 4 hundred thousand stops.
  • We also allege in our lawsuit that there is a failure to train and discipline police officers, that goes all the way up.  It’s important that there is still this historic memory of Amu Dudiallo, Abner Louima.
  • We are also seeking more accountability within the CCRB, the Civilian Complaint Review Board, the body to hear civilian complaints regarding the NYPD.  We think the CCRB should have it’s own prosecutorial or enforcement powers.  There is a sense in the community, how can we bring change about when the system is so amomous?
  • We also think there has to be a change in the way that police train rookie cops and undercover police officers that are flooding communities.  Make the Road By Walking / Malcolm X Grassroots Movement
  • We don’t have the breakdown of arrests racially, yet.  The number of stop and frisks are on the rise and we should take a stand against it.  We think we will be able to obtain information about widespread practices

Guest – Sunita Patel,  Center for Constitutional Rights staff attorney,  Sunita is involved with racial profiling, immigrant rights and other human rights litigation.

Guest – David Floyd, plaintiff in the case and Bronx resident. MalcolmXGrassRootsMovement

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Chris Hedges – Empire of Illusion: The End of Literacy and the Triumph of Spectacle

We are delighted to have back with us, award winning journalist and author Chris Hedges. His new book Empire of Illusion: The End of Literacy and the Triumph of Spectacle thoughtfully examines the erosion of American culture and levels a heavy criticism. Chris Hedges says we are living in a totalitarian society that is image based. This image is not benign, he says. It is skillfully manipulated by for-profit corporations to get us to do things not in our interest. Right now, 40 million Americans are illiterate.  In this media landscape, nuanced discussions of ideas are replaced by carnival barking and interruption, meanwhile newspapers and publishing companies are in decline.  Hedges has called it a slow motion coup d’etat where democracy and the Constitution are held up as ideals while the levers of power are driven by destructive forces.

Chris Hedges:

  • I think the best way to see how illusionned we are as a culture is through prism of popular entertainment.
  • We’re of course a completely pornified society. The largest users of porn on the internet are teenagers.
  • What are the messages being pumped out whether its the WWF or porn.
  • Porn isn’t the back lit shaved bodies of the playboy channel. It’s violence and not simulated violence.
  • The women are popping pain pills and require surgery after sex.   When you look at the stills from Abu Gharib, they could be stills from a set of a porn film, and I don’t think that is accidental.
  • The narrative that we use to explain ourselves to ourselves is no longer print based.
  • 42 million in the US illiterate, 50 million semi-illiterate.
  • 80 percent of American households didn’t buy a book last year. The danger of that is the images we are fed are skillfully done by those with an agenda and power.  It is meant to confuse a brand with knowledge and not see the underlying structures of the corporate state.
  • We are a culture severing ourselves from verifiable fact and replacing it with a culture where lies become true where opinions and facts are interchangable.
  • Intellectual thought by its nature is subversive, because it questions structures and assumptions.
  • I think there has been tremendous cultural transformation, with the rise of the corporate state.  Our form of inverted totalitarianism, which has been designed to shut out the bottom two thirds of the country.
  • The jobs that we are shedding are not coming back, we are entering a form of neo-feudalism.
  • A dream is something you strive towards, an illusion is something you live in.
  • The system has been so ethically perverted by corporations, that we now sit by passively and allow our for-profit health care industry to legally hold sick children hostage while parents bankrupt themselves trying to save their sons or daughters.
  • What kind of society I would like to see is one wresting back the government from the hands of the corporations.  Once somebody is dead, they’re not worth anything in a commodity culture.
  • We have to walk out of the mainstream, don’t fall for this what Ralph Nader calls the least worst.

Guest – Chris Hedges, the author of many books specializing in American and Middle Eastern politics and society. He spent nearly two decades as a foreign correspondent in Central America, the Middle East, Africa and the Balkans. He was also the Middle East bureau chief for The New York Times.

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