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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 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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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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Law and Disorder August 24, 2009

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Remembering Marilyn ClementHealth Care Now

As many listeners may know, Marilyn Clement, a great social activist and founder of Healthcare-NOW died on August 3. Early in her social activism career Marilyn Clement joined the Southern Christian Leadership Conference and worked with Martin Luther King in Atlanta. She moved to New York City after King’s assassination, she was the executive director of the Center for Constitutional Rights and was active with the Women’s International League for Peace and Freedom in Philadelphia. Video Of Marilyn’s Speech June 2009

Mrs. Clement became one of the strongest voices for passing a single payer health care bill. She founded the New York based advocacy organization Health Care Now in 2004. We’re joined by long time friend of Marilyn Clement, Reverend Lucius Walker, founder of Pastors for Peace and executive director of the Interreligious Foundation for Community Organization.

Reverend Lucius Walker:

  • It’s pleasure to talk about someone so rare and wonderful as Marilyn, I first met her in late 1967.
  • She joined the IFCO staff in those early years. I met her in the interview process and felt that she was a remarkable person.
  • She came directly to IFCO from being on a staff with Martin Luther King in Atlanta.
  • She was drafting an program to do outreach to black ministers, black pastors.
  • She sought out the influences that made her radical philosophy possible.
  • She quickly became associate director of IFCO and in the thick of some of the most dynamic movements among people of color and poor whites in the country.
  • She was very key staff in IFCO in helping to stop COINTEL PRO from trying to break IFCO’s back.
  • The IRS ask to audit IFCO’s records. It took them 3 years to examine 18 months of our financial records.
  • It was pure harassment, and she was key in helping us move through that whole process.
  • Founded Health Care Now, that phase of her life began in 1970. She was the first person I heard articulate the concept of single payer healthcare.
  • It (Health Care Now) started in her apartment, that was her office.

Guest – Reverend Lucius Walker – Executive Director of the Interreligious Foundation for Community Organization (IFCO). He was the founding director from 1967 to 1973. He served as Associate General Secretary of the National Council of Churches from 1973 through 1978. In January of 1979 he returned to IFCO, which has the distinction of being the only national ecumenical foundation committed exclusively to support community organizing.

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Victory for Vulcans in NYC Firefighters Case

Last month US District Judge Nicholas Garaufis ruled in favor of the fraternal order of black firefighters, in that New York City has been discriminating against minorities in firefighter hirings. The case, similar to other firefighter cases, brought to light the disparities in the results of hiring 5300 firefighters from 1999 to 2007. Out of the 3,100 black applicants and 4,200 Hispanic applicants who took the exam, only 184 black firefighters and 461 Hispanic firefighters were ultimately appointed. These practices help make New York City the least diverse fire department of any major city in America. 09.07.22_Garaufis Vulcans Opinion.pdf

Center for Constitutional Rights Attorney Darius Charney says, “This is a tremendous victory that we’ve been fighting towards for over seven years and we applaud the court for recognizing that the FDNY written examination has no bearing on whether or not a firefighter is qualified.”

Darius Charney:

  • No other major city worse than NYC. Most civil service jobs were using written tests since the seventies.
  • New York has continued to use a paper and pencil multiple choice test.
  • A reading comprehension test, more akin to SAT. The city says its not feasible to structure other types of tests.
  • Charney: That’s a bogus answer because other cities such as L.A. incorporate other testing methods.
  • the case started in 2002 because we filed a complaint with the EEOC.
  • EEOC found probable cause that New York City had discriminated, made under the Bush Administration.
  • Vulcan society also brought a lawsuit against the fire department in the seventies

Guest – Darius Charney, Staff attorney at the Center for Constitutional Rights in the Racial Justice/Government Misconduct Docket. He is currently lead counsel on Floyd v. City of New York, a federal civil rights class action lawsuit challenging the New York Police Department’s unconstitutional and racially discriminatory stop-and-frisk practices, and Vulcan Society Inc. v. the City of New York, a Title VII class action lawsuit on behalf of African-American applicants to the New York City Fire Department which challenges the racially discriminatory hiring practices of the FDNY.

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Story on Town Hall Riots: Right-Wing Shock Troops Do Corporate America’s Dirty Work

Were the fights and disruptions during the town hall meetings this month carefully organized and meticulously planned? A breaking news story at Alternet titled Story on Town Hall Riots: Right-Wing Shock Troops Do Corporate America’s Dirty Work unearths the massive right wing strategy. Anti government fringe groups have aligned with the health care industry, the GOP and Rupert Murdoch to create the town hall riot spectacles.

Adele Stan:

  • I do think its important to look at the conflagration of interest in this whole thing.
  • You have the corporate health care interest, you have Wall St., you have big media in the form of Rupert Murdoch, you have a Capitol Hill PR firm, that serves all these interests, and then you have these folks on the ground espousing anti-corporate personal belief.
  • Dick Armey, former House Majority Leader, former Congressman from Texas, who works for a lobbying shop called DLA Piper and runs the non-profit called Freedom Works.
  • Freedom Works is one of the major organizers of these town hall protests. DLA Piper, Dick Armey’s day job, represents a number of medical and oil interests.
  • Resist Net – really caught my attention. It’s part of a network called Grassfire.org, and really organizes the far right. Milita types, anti-taxers, etc.
  • Grassfire.org has solid connections to the institutional Republican Party. William Crystal, Peggy Noonan (You Are Terrifying Us)
  • You’ll go to these sites and it will say, Stop Obama care now, and you’ll see a listing of the town hall meetings.
  • Restoretherepublic.com at bottom of protest signs, connects to ResistNet. It’s clever and hard to find the tentacles.

Guest-Adele Stan, AlterNet’s Washington Bureau Chief

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