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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 September 14, 2009

New Time: Law and Disorder Broadcasts at 9AM on WBAI Listen here

Updates:

  • 9-11 Anniversary/ Patriot Act / AUMF / Preventive Detention /Surveillance
  • North Carolina terrorists / Consequences of cooperating with FBI
  • Spanish prosecution update / Change in universal jurisdiction law / Trying to narrow law at behest of Israelis and Chinese

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afghanistan-war civilian-casualties

Rethinking Afghanistan

Last week, Defense Secretary Robert Gates affirmed the US miltary commitment in Afghanistan, as thousands of additional troops are deployed.  To give us a perspective we are joined by Norman Soloman, executive director of the Institute for Public Accuracy.  Solomon is also the author of “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” and has written several articles about his experiences in Afghanistan. Solomon has returned from a visit to Kabul in late August.  His articles have detailed the war torn landscapes, stunning civilian casualties and the desperate living conditions of Afghani children.  Previous Law and Disorder Shows on Afghanistan

Norman Solomon

  • It’s worse than the mainline media would tell us.
  • People who do go to Afghanistan, travel in a bubble, taken around by the Pentagon and learn very little, often not speaking to any Afghans who aren’t part of  Karzai government.
  • The intention of the Obama Administration is to wage war in Afghanistan, and humanitarian aid and assistance is an after thought.
  • It’s in the foreground for PR, but the suffering is way beyond the number of people killed that’s being reported
  • Afghans are outraged at the US killing civilians and outraged at the air war
  • There are no Al-Qaeda in in Afghanistan, that’s been true for a while.
  • This is a prescription for endless war, repetition compulsion.
  • The agenda is less defensive and high blown, they have to do with geo-political positioning which is primary.
  • Recommended Book: Descent Into Chaos: The United States and the Failure of Nation Building in Pakistan, Afghanistan and Central Asia.
  • Afghanistan War is a humanitarian disaster that continues to unfold.
  • The solution has to do with humanitarian and military activity being inverted.

Guest – Norman Solomon, executive director of the Institute for Public Accuracy. Solomon is also the author of “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” and has written several articles about his experiences in Afghanistan.  Solomon returned from a visit to Kabul in late August.

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T.Bishop – photo by: Eric Thompson

The Will To Resist: Soldiers Who Refuse to Fight in Iraq and Afghanistan

The majority of the United States has opposed the continued occupation of Iraq and as the Pentagon decides to send more US troops to Afghanistan, there is a growing public distrust surrounding this recent escalation of war.  Is there also a growing resistance among the ranks of US soldiers? The mainstream media has failed to report on the increasing number of soldiers taking a public stand and finding ingenious ways to express defiance.  Author Dahr Jamail has compiled a report of dissent within the military in his recent book The Will To Resist: Soldiers Who Refuse to Fight in Iraq and Afghanistan. Watch Winter Soldier Coverage

Dahr Jamail:

  • In the last decade, 50 thousand troops have gone AWOL. In 2007, a 42 percent increase of troops going AWOL in the US Army. Nearly 8 thousand troops each year going AWOL.
  • Increase in troops contacting groups such as Courage To Resist and IVAW
  • Soldiers resisting are often quickly processed through to shut them up
  • Massive escalation in Afghanistan – more than 60 thousand troops. 131 thousand troops still in Iraq.
  • McCrystal was advised that after the surge is done, add 45 thousand more troops.
  • Lack of quality treatment for PTSD and Traumatic Brain Injury are not lost on the military, they know and understand.
  • The Will To Resist focuses on active duty troops and veterans, the lead chapter is about resistance on the ground in Iraq.
  • Search and avoid missions, IED lottery, we would find an open field, park there and call in every hour, saying yes we’re still looking for weapons caches.
  • We often see a demoralized unit being sent in to an extremely bad situation, when it gets time to gear up, the troops are sitting there and the commander sees them and rather than risk media exposure, he’ll cancel the mission.
  • A lot of people still in Canada.
  • Soldiers are not informed that they can refuse an unlawful order and that they can apply for conscientious objector status. Two resisters from Fort Hood, SP4 Victor Augusto and Sgt Travis Bishop.

Guest- Dahr Jamail, he currently writes for the Inter Press Service, Le Monde Diplomatique, and many other outlets. His stories have also been published with The Nation, The Sunday Herald in Scotland, Al-Jazeera, the Guardian, Foreign Policy in Focus, and the Independent.

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Law and Disorder September 7, 2009

Updates:

  • States increase opposition to money making traffic cameras: lawsuits.

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Alfred McCoy: CIA OIG Report PDF

Last month, marked the release of the CIA’s Office of Inspector General report investigating the use of “enhanced interrogation techniques” against detainees. The nearly fifty percent redacted report focused on incidents which exceeded the torture guidelines written in the Office of Legal Counsel torture memos.    In the report, waterboarding a detainee 183 times was noted with only a concern, and highlighted abuses include faking the execution of a detainee by (quote) “contractors” without training and pointing an unloaded gun to a prisoners head.  This report was not released with John Yoo’s torture memos. A move which could’ve helped prosecute torture architects such as Yoo and other Office of Legal Counsel lawyers who violated their professional ethical duties when they wrote memos claiming the administration’s proposed torture techniques were legal.  Hear Al McCoy speak at Left Forum

Al McCoy:

  • The chronology is important, the report is an investigation into excesses.
  • The report also looks at the period ranging from 12 to 18 months when the alternative methods were authorized by President Bush  – “enhanced interrogation techniques”
  • For the first time in the history of the CIA, they were authorized to operate their own prisons, the so-called 8 black sites that operated from Thailand to Lithuania
  • (Inspector General investigators) They opened up these secret sites and started collecting these detainees before they had clear guidelines and supervision
  • Torture is seductive, erotic  to the human mind, a process of which we know very little.
  • Under US law section 23.40 of the Federal Code, psychological torture is legalized, there are only 4 things you can’t do under US law.  One of them is death threats and death threats against a third party
  • One of those hapless field agents that went over the top will take the fall. Yet, we know former Defense secretary authorized extraordinary techniques and his directions went down through the chain of command, it got all the way down to Abu Ghraib (prison photos link), where those soldiers were actually complying with those directives.
  • The directives were illegal. You should be prosecuting the person who gave those orders at the top of the chain of command.
  • In this case instead of having bad apples in military parlance, we’re going to have “rogue agents.”
  • The stages of a country ruling with impunity –  we’re not talking about a change of regime and then a tribunal, this is assuming continuity of government. (Clinton/Bush/Obama)
  • It was necessary for our security: Dick Cheney’s latest argument – “so what, it made us safe.”
  • We may have done these crimes but we now need to pull together and develop ourselves as a nation.
  • The CIA had two distinguished cognitive scientists at Cornell University medical center in New York City, Doctors Henkel and Wolf. Ultimately they found the most devasting mode of torture is forced standing.
  • Stand for hours motionless, sometimes days at a time, fluids flow to the legs, kidneys shut down, hallucinations begin, it’s incredibly painful.
  • What they found back in the 1950s is you can make people do forced confessions, but its not very good in extracting objective information.
  • Colin Powell’s former military aid, charged that Cheney in particular ordered this torture and extracted the false information – specifically with Ibn al-Shaykh alLibi a prisoner whose false confession was used to link Saddam Hussein and Al-Queda.
  • The best we can hope for is a Congressional Review, perhaps a Senate inquiry into the Bush years, that would look at the origin of the policy, the full nature of the policy, and whether or not it worked, not only gains but the costs. A serious, sober politically objective honest inquiry, apart from the prosecutions that may come from the Special prosecutor.  Check out Progress Report’s – Accountability
  • Within the American Psychological Association, these are not medical practicioners, they don’t take the Hippocratic Oath. It’s one branch of the medical community, the psychologists.

Guest – Professor of history at the University of Wisconsin-Madison.  Author of “A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror” and also “The Politics of Heroin: CIA Complicity in the Global Drug Trade.

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chamber of commerce EFCA-ad

Labor Law Reform: Employee Free Choice Act

The Employee Free Choice Act is a proposed legislative bill that would speed up the process for employees to form a union.  Under current labor law, workers can select union representation either through an election or something called card check, – a majority sign up.  The US National Labor Relations Board will only certify a union as the exclusive representative of employees only if it is selected by a secret ballot NLRB election or if the employer agrees to a card check process.  The catch is, that companies can refuse to bargain with a union chosen by a card check process even if 100 percent of employees want the union.  Right now, the choice to use an election process or majority sign up is controlled by the companies.

The Employee Free Choice Act would change this process and take away employers’ ability to decide whether to use only the card check process or secret ballot election.  This would make it much quicker process for employees who needed to form a union.  This labor reform law has not been proposed without a fight, nearly 200 million is funding a misinformation campaign back by groups such as the Chamber of Commerce. Read Abby’s Public Eye article here.

Abby Scher:

  • In the fifties, unions represented a third of the labor force, now they represent 12 percent.
  • Employers have a lot of time to beat back the union.  The Center for Responsive Politics found that the Chamber of Commerce spent 400 thousand dollars a day in opposition.
  • The chamber of commerce is the largest lobby group in the country
  • You can hear the rhetoric in their misinformation campaign. ..“EFCA is unAmerican, it takes away the secret ballot, unionists are thugs that will coerce workers into giving up their individual rights.”
  • It’s harsh rhetoric from what you would consider a main stream group
  • The national right to work committee since the fifties has flipped the script.
  • Two phone calls have gotten attention, Bank of America and Citigroup . . .the center for Union Facts,  – Rick Berman and Bernie Marcus talking about how EFCA would destroy capitalism and tried to motivate people on the call to give to Republican candidates
  • Chamber of Commerce front group – Alliance to Save Main Street Jobs. In the misinformation campaign, the chamber of commerce is saying that EFCA will hurt small businesses, because everyone loves small businesses.
  • They retained this woman to do a study about how EFCA would destroy 600 thousand jobs. This woman’s specialty is intellectual property, this is not her background, she is a gun for hire.
  • It (her research) was easily debunked but you still hear people citing that study.
  • Surprisingly, unions are growing. Big businesses are the threat against small businesses, not unions.
  • I encourage everyone to subscribe to the AFL-CIO blog
  • Unions help workers bargain for better wages, people have money to spend, buying power, quality of life.

Guest – Abby Scher, Editorial Director of the Public Eye. Check out Abby Scher on Making Contact’s Radio Feature

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Law and Disorder August 31, 2009

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CIA OIG Report PDF

Attorney General Eric Holder appoints special Justice Department prosecutor John Durham to conduct a preliminary investigation into whether federal laws were violated in connection with the interrogation of certain detainees in U.S. custody.  In this lively first half hour discussion, hosts Michael Ratner, Heidi Boghosian and Michael Smith discuss and detail why the investigation does not go after higher-ups within the US torture program, how tortured confessions are used to support war and that interrogators did not act alone.

  • CIA OIG Report (PDF): Released because of requests by the ACLU / CCR / Amnesty International / Physicans For Human Rights
  • Office of Legal Counsel Torture Memo Authors Should Be Prosecuted.
  • Sham and Diversions: Special Prosecutor not “independent”
  • 500 Year Setback: Doctors evaluating limits of torture
  • Doctors, lawyers, officials, CIA, government agents involved.
  • Torture report also reveal Cheney lies that intel was extracted from torture.
  • CIA OIG Report Press Release
  • Like a rat through a maze  trying to find their way around the language

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Photo by Jake Ratner Photo by Jake Ratner

Jacob Ratner:  Bolivia Debrief (photos courtesy of Jake Ratner)

We are very pleased to have with us Jake Ratner, our own Michael Ratner’s son, that is fresh off the plane from Bolivia.  Jake is entering his final year at the University of Pennsylvania and shares with us some of his experiences from his three month stay with a Bolivian family.  Experiences include, the Aymara indigenous culture, economics and socialism among the  classes of people in Bolivia and comparisons to Cuban culture.

Jake Ratner:

  • Working at a Bolivian Womens Prison
  • Working with NGO helping women’s prison, teaching workshops, replacing faulty lighting etc
  • San Pedro’s Mens Prison in La Paz: The prison is self functioning, the prisoners run small businesses and pay rent for their cells.
  • That kind of autonomy was also in the women’s prison.
  • When you go into the prison it’s like a small Bolivian village, there’s a fountain, kids running around.
  • The spirit of rebellion is completely related to their culture, a culture of collective reasoning and resistance to the imposing power.
  • Many women in prisons acted as drug mules. Drug laws in Bolivia, similar to Rockefeller drug laws in New York.
  • El Alto, one of the poorest cities in Bolivia, extreme poverty. No plumbing. The eat a lot of freeze dried potatoes.
  • Former Bolivian president Gonzalo Sánchez de Lozada Sánchez Bustamante made back room deals with Bolivia’s natural gas resources.  Bolivians took to the streets, many were killed. A lawsuit is pending.
  • El Alto, Bolivia is a “city” of roughly 800 thousand people that sits on a plateau above La Paz. It has been growing at an exponential rate and will soon supersede the population of La Paz
  • Bolivia Social Security system:  Bonos – payments to lower income families.

Guest – Jake Ratner, son of co-host Michael Ratner.  He is in his last year at the University of Pennsylvania. Jake has traveled to and studied in Cuba.  Check out Jake’s Flickr page here.

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Lawyer in Bolivia working on case - photo by Jake bolivia photo by Jake Ratner

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