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Law and Disorder October 5, 2009

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Lawsuit Brought Against Former US Attorney General John Ashcroft

Last month, a major decision written by a federal judge gives a lawsuit standing that was brought against former US Attorney General John Ashcroft for the illegal and unconstitutional detention of American Muslims. The lawsuit was brought by Abdullah al-Kidd, an American citizen and African American who had coverted to Islam.  In 2003 Al-Kidd was arrested, and detained under abusive conditions without evidence that he did anything wrong. The lawsuit points at the way John Ashcroft abused the material witness statute to “preventively detain” American Muslims.  Ashcroft uses the statute as a pretext to arrest American Muslims without sufficient evidence to establish probable cause. This suit will be a key lawsuit when President Obama presents a proposal for a “preventive detention system.”

Lee Gelernt:

  • Federal Appeals court recognized the abuse of the material witness statute under Ashcroft.
  • Material witness statute, rarely used, limited purpose before 9/11.  If the witness would not testify and needed testimony, they would arrest witness get testimony then release person.
  • If its taking too long, get the person’s deposition, because you simply cannot hold a witness for a long time, because they’re completely innocent.
  • After 9/11 the government used the material witness statute on Muslim men who were suspicious and no probable cause. Probable cause is the bedrock of this country. Mere suspicion is not enough.
  • It turned out that dozens and dozens of men were arrested as mere witnesses, held for months under the most harsh conditions. They have to be unwilling to be a witness, you don’t simply arrest a witness, obstensibly.
  • Abdullah al-Kidd, born in Kansas, spent some time in Los Angeles, and mostly in Seattle. African American born in the United States. His father is a supervisor at the Chino Correctional Institute in California. His mother has done work for IBM for the last thirty years.
  • He was a football player, went to University of Idaho on a football scholarship. Right before 9/11 he converted to Islam, and started working for charitable organizations. After 9/11 he was under surveillance, then arrested, held for 16 days under the very abusive conditions. Restricted for 14 months.
  • FBI agents went to magistrate saying Al-Kidd had a one-way ticket to Saudi Arabia, it turns out after spending time in detention, that it was a round-trip coach ticket.
  • The agents also did not tell the magistrate that he cooperated with the FBI and a native born citizen.
  • Lawsuit is against Attorney General in a personal capacity and two FBI agents who submitted an affadavit, the United States and 3 Wardens. Settled lawsuit against the 3 wardens.
  • FBI Director Mueller, went before Congress to report on the recent successes of the terrorism fight. The first person Mueller mentions is Kalik Sheikh Mohammed, the second person is Abdullah al-Kidd.
  • Bedrock principle: You’re innocent unless the government has probable cause (objective reasonable belief) not law enforcement acting under suspicion. In other countries, people can be arrested on suspicion.

Guest – ACLU Attorney Lee Gelernt, the Deputy Director of the Immigrants’ Rights Project. He has litigated many cases including the Detroit Free Press v. Ashcroft and North Jersey Media Group v. Ashcroft, which involved challenges to the government’s post-September 11 policy of holding secret deportation hearings.

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FOIA Lawsuit to Make Public the FBI’s Domestic Investigative Operational Guidelines

Last month, a Muslim civil rights group filed a lawsuit against the FBI’s refusal to make public its surveillance guidelines of civic and religious organizations in connection with criminal investigations. The group Muslim Advocates, a national legal and educational organization filed a Freedom of Information Act suit against the Department of Justice. The lawsuit is seeking the text of the Domestic Investigative Operational Guidelines. The quote DIOGs which went into effect last December are practical manual interpreting revised surveillance guidelines. The interesting part of this story is that civil rights groups including Muslim Advocates were shown drafts of the FBI surveillance guidelines but were not given a copy.

Farhana Khera:

  • Agent are provocateurs sent into mosques. Muslim Americans should not have to look over their shoulders while they’re praying.
  • Suspicion based on not wrongdoing and criminality, but religion. What concerns us is the set of guidelines issued during the waning days of the Bush Administration, that further and potentially expand FBI powers.
  • We were able to see those guidelines in a meeting with the FBI, but not keep a copy of the guidelines. Those guidelines went into effect 1-2 weeks after that meeting.
  • We sought formal channels to get a copy of those guidelines then filed a FOIA request.
  • It’s been almost a year later, and we still have not got a copy of the guidelines.
  • We would hope that the FBI would be working in consistence with the President’s committment to greater transparency
  • The FBI said our request is under review and may be redacting or blacking out sections of the guidelines.
  • We think the public has a right to know how the powers of the FBI have been expanded and are wielded in our name.  What we saw in the draft guidelines were “gathering data about racial and ethnic communities”  Geo-mapping of communities.
  • Changes made to FBI guidelines under former Attorney General Ashcroft allow line agent FBI to make decisions based on limited evidence of criminality. One example, a prominent Pakistani physician made pro-democracy comments for Pakistan in a US newspaper. Days later he was visited by the FBI who wanted to ask him general political questions about Pakistan and Pakistani leaders.
  • Check out Muslim Advocates “Got Rights?” Video.

Guest – Farhana Khera, first Executive Director of Muslim Advocates and the National Association of Muslim Lawyers (NAML). Prior to joining Muslim Advocates and NAML in 2005, Ms. Khera was Counsel to the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Property Rights. In the Senate, she worked for six years directly for Senator Russell D. Feingold (D_WI), the Chairman of the Constitution Subcommittee. Ms. Khera focused substantially on the USA PATRIOT Act, racial and religious profiling, and other civil liberties issues raised by the government’s anti_terrorism policies since September 11, 2001. She was the Senator’s lead staff member in developing anti_racial profiling legislation and organizing subcommittee hearings on racial profiling.

Law and Disorder September 28, 2009

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G20 Protest Permit Lawsuits : First Amendment Rights Challenge – Jules Lobel

G20 lawsuits filed to allow for peaceful demonstration challenged critical First Amendment rights.  The right to demonstrate.  Lawsuits filed on behalf of 6 activist groups including Code Pink, requested permits, such as permits to use public parks. The lawsuit brought against the city of Pittsburgh and the US Secret Service states protesters will engage in peaceful, constitutionally protected expressive activities.  Jules Lobel, professor of law at the University of Pittsburgh had said to the Pittsburgh Post-Gazette,    “When you have reports of huge numbers of police coming in, it suggests they plan to cordon off much of Pittsburgh and prevent meaningful protest.”

Jules Lobel:

  • Oppressive environment in Pittsburgh once G20 was announced.
  • Heavy police presence, roads are closed, 4 to 5 thousand police from out of Pittsburgh
  • Classified as a National Security event, meaning the US Secret Service controls what’s going to happen
  • Protest groups sent in applications for permits in July and August. The city, either did not respond or stall granted peaceful permits. Groups with long histories of non-violent protests, artists, ecumenical groups, environmental groups that wanted to set up a sustainability fair.
  • Code Pink wanted to set up a tent city in the major park of downtown Pittsburgh. Bail Out The People
  • We went to court because for a long time, the city would not give these groups a permit.
  • In the lawsuit, we demanded that the city give a permit to the groups they’ve been negotiating with and allow the groups to use the park downtown for its protests.
  • As soon as we filed suit the city negotiated much more reasonably, but still refused to grant Code Pink their permit to use the downtown park two days before G20. The court could not find a compelling reason why Code Pink could not use the park, and were granted a permit and had a wonderful tent city in the park.
  • Its always a fight now to get permits, and the courts usually win when they defer to the invocation of  national security.
  • We also asked for overnight camping, far away from the convention center, again, no security concerns.
  • The group feeds demonstrators, they grow organic food, they run a bus on organic fuel, an environmentally safe and sound operation. Here’s what happened:
  • Police were suspicious, the first thing they did was give them a ticket and impounded their bus for parking the bus more than 12 inches from the curb. They got the bus back, paying 220.00.
  • Some industrial artists rented out their lot to the group and allowed buses (which had kitchens in them) to park there. The next day 20 police in full riot gear, broke into the place and demanded to search without a warrant
  • The artist who owns the lot after arguing with police, finally allowed the police to search, they found nothing.
  • Then they sent out building inspectors to where the people were staying and threatened the artists to get rid of these people or face a 1000.00 a day fine. (These are people who are coming to give out free food)
  • They then went to a black community, found an abandoned school and the owner said you can stay here.
  • Before they could pull their buses in, a police and many police cars, stopped them and searched everyone and the buses again. Giving citations for parking wheel up on curb, and saying they needed a bus driver to drive commercial vehicle (their bus)
  • They pressured the owner of the abandoned school, and finally they had to move again. They found a church, the police followed them there. The police tried to get the pastor to evict them, but he wouldn’t.
  • A lawsuit was brought for pattern of harassment and the judge said you can sue for damages  after the G20 Summit.

Guest – Jules Lobel, Vice President of the Center for Constitutional Rights and Professor of Law at the University of Pittsburgh. Through the U.S. Center for Constitutional Rights, Jules Lobel has litigated important issues regarding the application of international law in the U.S. courts. In the late 1980’s, he advised the Nicaraguan government on the development of its first democratic constitution, and has also advised the Burundi government on constitutional law issues.

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The New Domestic Order: Domestic Workers Unite

Domestic workers in New York City are pushing for the passage of their own “Bill of Rights” style protection. Most domestic workers are under paid in the United States, and now for many its especially difficult to make ends meet.  New York’s domestic workers are calling for their own government bailout. The growing movement is made up mostly of women,  it’s multi-ethnic, from countries such as the Philipines, Barbados, Trindad, Jamaica and Nepal.  Some workers were abuse, others have been let go from their jobs without notice or proper compensation.  The ranks of domestic-worker activists are filled with globalization’s refugees writes Lizzy Ratner, correspondent with the Nation Magazine.

EVENT:  Damayan Migrant Workers Association is organizing a workshop on unemployment benefits. October 3, (1-4PM) Held at 53-22 Roosevelt Avenue, Woodside, Queens.

Lizzy Ratner / Linda Abad:

  • Linda Abad: Member of the Damayan Migrant Workers Association working with Domestic Workers Alliance and Domestic Workers United campaigning for the passage of the New York Bill of Rights.
  • New York Bill of Rights, fair labor standards, recognition, and win respect and dignity for the work force for women and some men who work in the homes of American families.
  • There are 200 thousand domestic workers in New York City and about 15 percent are Filipino domestic workers like me.  I’m a part-time housekeeper for a couple on the West Side
  • I was a government employee in the Philippines, I had a home and 2 children. Income was too low to support family. My first job in the U.S. I worked for a family with 3 children in a big house. I started at 7AM and ended at 9PM. It was a big home, I had to take care of children, cook meals. I was getting 225.00 a week.
  • When you’re working in the privacy of homes, you do not have a network, organization.
  • Domestic Workers Bill of Rights, passed the assembly now, not the Senate.
  • Most domestic workers don’t know that under New York law, after working 44 hours, you get time and a half
  • Nine out of 10 domestic workers do not get health insurance, we really need it. We’re exposed to sick children, hazardous cleaning chemicals.
  • The inclusion bill in the New York State assembly does not have health coverage. Many domestic workers work off the books. Domestic Workers United large group of Caribbean and Latina domestic workers.
  • Lizzy Ratner: I was lucky enough to accompany (as a journalist) a large, large group of domestic workers and allies to Albany in Spring 2008.  What I saw inspired me and much of what I learned horrified me. This was the fourth year of pushing for the Domestic Workers Bill of Rights.  If you want rights for domestic workers, you have to organize and begin to change the laws.
  • There was a sense of rebellious exuberance, defiance. Led by women, by women of color, by immigrants, documented and undocumented. Domestic workers have organized in California, Texas, Seattle, Miami, Maryland and New York
  • The United States has come a long way in creating a civilized country, but somehow it’s difficult for lawmakers to see the righteousness of giving dignity and fair standard to this labor force.
  • September 29, another trip to Albany to put pressure on the New York State Senate

Guest – Lizzy Ratner,  journalist/correspondent with the Nation Magazine. Linda Abad,  domestic worker and organizer for the Damayan Migrant Workers Association.

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Law and Disorder September 21, 2009

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United Nations Goldstone Report on Gaza: Operation Cast Lead

Last week, the United Nations commission released a six hundred page report (PDF) that says Israel committed war crimes against the Palestinians in the Gaza Strip.  South African Judge Richard Goldstone who headed the report also says that Israel committed crimes against humanity during the Operation Cast Lead in late December and January. The report also states that the Palestinians committed war crimes by firing rockets into southern Israel. The report confirms that Israel fired the chemical agent white phosphorous in civilian areas, and intentionally fired high-explosive artillery shells upon hospitals. It also claims that Israel used Palestinian civilians as human shields and deliberately attacked Palestinian food supplies in Gaza.

Professor Richard Falk:

  • The report is a real milestone in holding the Israeli government accountable at least at the level of affirming facts for its behavior in the occupied territories. A great contribution to the Palestinian Solidarity Movement.
  • I think the report went a little too far in the objective view, while it didn’t treat them equally, the report gave a lot of detail on the rockets that were fired from Gaza, and allowed a certain impression of symmetry to be formed, which I think is very misleading.
  • The rocket fire is a war crime and should be condemned but at the same time, there was a cease fire in 2008 where the rocket fire was reduced virtually to zero. Hamas tried to extend that cease fire, Israel basically broke it and refused to extend it.
  • Reasons why Israel broke cease fire: It occurred near Israeli elections, change in leadership in the US, overcoming the impression of Israeli defeat in the Lebanon conflict of 2006
  • Israel kept pressing for an opportunity to show it is a formidable power that shouldn’t be challenged, and in that sense the message was as much to Iran as the Palestinians.
  • The report discuss in detail the various incidents in factual detail and confirmed what had been alleged earlier. Attacking civilians who are in complete vulnerability.
  • It was the indiscriminant and disproportionate character of the use of force by Israel, that is the focus of the condemnation that is at the core of the report. The report confirms what had been a journalistic consensus.
  • The report gives credibility to universal jurisdiction. Universal jurisdiction initiatives are appropriate given the findings of the report.  The international criminal court may not be available, but there are other possibilities for ending Israeli impunity and one of them is universal jurisdiction. Countries can push for universal jurisdiction in holding certain Israelis accountable.
  • The report will help legitimize the BDS movement. The blockade still in place.

Guest – Professor Richard Falk, Special Rapporteur on Human Rights in the Palestinian Territories for the United Nations High Commissioner for Human Rights who has been barred entry to Israel. He’s Professor of International Law at Princeton, will be the Council’s special investigator of Israeli behavior in the territories and this has incited furious objections from Yitzhak Levanon, the Israeli ambassador to the U.N. in Geneva. Falk replaced South African John Dugard, a veteran anti-apartheid activist.

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Capitalism Hits The Fan:  A Jobless Economic Recovery

Nearly a year ago, the US government seized mortgage banks Fannie Mae and Freddie Mac, within a week investment bank Lehman Brothers went bankrupt that triggered a global financial panic. In the months that followed financial markets tumbled worldwide.  With trillions vaporized from the world economy, the US is partnering with G20 groups to create global rules that will govern finance. The US economy is just now showing signs of  recovering from one of its deepest economic recession ever.

Rick Wolff:

  • False euphoria about recovery, gamblers come into the market, believing it won’t go lower.
  • Typically however there’s another leg down, we have people investing in a way expecting the market to drop.
  • The whole world went into the toilet (economically) and the Chinese government stock market doubled?
  • The Chinese miracle is based on exports, but in order to have exports, the rest of the world has to be able to buy. The rest of the world has been in the greatest depression at least since the second world war
  • How can the Chinese keep producing if the rest of world in which they sold, can’t buy?
  • My theory is that if the Chinese allow their system to collapse they’d have a domestic impossibility, socially and politically. The Chinese are basically continuing production and storing it. Hold it, and hope against hope, warehouses of toys and everything.  Revealed: The ghost fleet of the recession anchored just east of Singapore
  • Two bubbles, the Chinese bubble and the US treasury bubble.
  • The Federal Reserve prints money, that’s voted on by the Federal Reserve boards. This way they avoid the unpleasantness of having to tax people or borrowing from the private sector
  • One out of 15 people in the US labor force today is unemployed (Bureau of Labor Statistics)
  • Roughly 59 percent of the US is working, every conceivable worker that can be laid off, is being laid off.
  • Is this a real recovery? New businesses? Yes, but workers taking it on the chin.
  • American businesses are discovering everywhere, that the future growth is elsewhere, it’s not in the U.S.
  • The American working class is being pushed down, with the unemployment, the foreclosures.
  • In China and other countries that are desperately poor, there’s a small growing income rich, technical industry, since that’s the only growth anywhere in the world economy, it’s what everyone is excited about, and where everybody is gearing.
  • The Obama Administration ought to question the assumption of focusing all their efforts on restoring credit markets and shoring up banks, bailing out busted insurance companies, etc.
  • Roosevelt hired millions people in the depths of the depression to work on a whole host of projects, Obama hasn’t done a thing about that, nothing.
  • Capitalism Hits the Fan, you can follow how the crisis happened, why it took the forms it did, literally, month by month how it was happening, think about it as a critical analysis, of how we had this crisis, why its not responding to the government, why it is so powerful and global in nature.

Guest – Rick Wolff, Professor of Economics at University of Massachusetts at Amherst. In his new book Capitalism Hits the Fan: The Global Economic Meltdown and What to Do About, Rick takes the reader back to 2005 and step by step reveals how policies, economic structures and wage to profit systems led to a global economic collapse. His books is complimented by the film Capitalism Hits the Fan.

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