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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 15, 2008

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Police Tactics Used During The RNC: Legal Analysis

Law and Disorder hosts debrief activist Laurie Arbieter who was among the demonstrators protesting during the Republican National Convention. Laurie was among a group of activists pulled over in St. Paul, held at gunpoint and let go. We later talk with Bruce Nestor, president of the Minnesota chapter of the National Lawyers Guild. Bruce gives us the background on the terrorism charges brought against 8 members of a prominent activist group. Most of the 8 defendants were arrested during the pre-emptive house raids and face up to seven years in prison. Ramsey County authorities have described the charges as “ in furtherance of terrorism,” based on the 2002 Minnesota version of the Patriot Act.

Guest – Laurie Arbieter, artist/activist and creator of the “We Will Not Be Silent” T-shirt series.

Guest – Bruce Nestor, president of the Minnesota chapter of the National Lawyers Guild

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David Swanson: Why We’re Planning to Prosecute Cheney and Bush

In an article published on the website – AfterDowningStreet, author David Swanson lays out another powerful case as to why it is critical to hold leadership accountable for war crimes. He explains that if much needed change is made in the United States such as a transparent electoral process, eliminating secret government and constitutional amendments, it would still not be enough to “chain the dogs of war.”  Hosts discuss with David Swanson about why it’s critical to hold a conference to plan the prosecution of Bush and Cheney.

War Crimes Conference Archive

Guest – David Swanson, creator of many media-based websites including MeetWithCindy.org and KatrinaMarch.org, he has worked as a newspaper reporter and as a communications director, with jobs including press secretary for Dennis Kucinich’s 2004 presidential and three years as communications coordinator for ACORN (the Association of Community Organizations for Reform Now)

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The Trial of Donald Rumsfeld: A Prosecution by BookMichael Ratner

We are very pleased to talk with our own Michael Ratner, president of the Center for Constitutional Rights about his recent book The Trial of Donald Rumsfeld: A Prosecution by Book. Michael’s book exposes how hundreds of individuals were victims of gruesome crimes inside the secret prisons in Iraq, Afghanistan and Cuba while under International and American law. Michael Ratner not only levels the charge against former US secretary of defense Donald Rumsfeld but lists others to be guilty of the US War Crimes Act of 1996 such as David Addington, George Tenet, Alberto Gonzales, and John Yoo.

The case is presented in shocking detail, it’s a blueprint for prosecuting war criminals and a powerful reference tool for holding the Bush administration’s rogue leadership accountable. One review states that it quote “presents a case that a prosecutor could bring against Donald Rumsfeld were he not shielded by dubious immunity doctrines crafted by the Bush administration and the judges it has appointed.”

Guest – Michael Ratner – president of the Center for Constitutional Rights and author of many books including, Guantanamo: What the World Should Know. Michael has worked for decades, as a crusader for human rights both at home and abroad litigating many cases against international human rights violators resulting in millions of dollars in judgments for abuse victims and expanding the possibilities of international law. He acted as a principal counsel in the successful suit to close the camp for HIV-positive Haitian refugees on Guantanamo Base, Cuba. Over the years, he has litigated a dozen cases challenging a President’s authority to go to war, without congressional approval. In the wake of the September 11 attacks, the Center has focused its efforts on the constitutionality of indefinite detention and the restrictions on civil liberties as defined by the unfolding terms of a permanent war. Among his many honors are: Trial Lawyer of the Year from the Trial lawyers for Public Justice, The Columbia Law School Public Interest Law Foundation Award, and the North Star Community Frederick Douglass Award.

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Law and Disorder September 8, 2008

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Law and Disorder RNC Street Coverage: Audio Document

Heidi Boghosian, Law and Disorder co-host and Executive Director of the National Lawyers Guild took to the streets of St. Paul Minnesota with producer Geoff Brady during the Republican National Convention. We bring you the voices and sounds of protesters, demonstrations, and interviews with legal observers, lead activists and lawyers. We begin this audio document with attorney Bruce Nestor, president of the Minnesota Chapter of the National Lawyers Guild. Amid this heavily militarized area of St. Paul, Bruce Nestor describes how riot police use minivans as quick, efficient transport and the trapping of protesters on a bridge.

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Just blocks from the Xcel Center, Heidi catches up with local activists and independent journalists who describe first hand accounts of police confrontations. A local journalist named Nick tells of the launching of paint and flash-bang grenades, the arrests and detainment of journalists and unwarranted use of pepper spray and tasers. On 4pm on Tuesday, marchers rally at Mears Park for the scheduled Poor Peoples March. There we spoke with a New York videographer named Dan, he described the pre-convention raids on I-Witness Video and more accounts of excessive police force. Below is a photo of the pre-convention raids from their website.

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National Lawyers Guild attorney Bruce Nestor provides a chronology of events beginning with legal details involving the pre-convention raids on convergence centers. He also analyzes the overall impact of free speech when various factors come together. 1) Demonizing protesters and their message. 2) This allows use of military force by police. 3) Intelligence gathering and targeting lead organizers of alternative press. Combined, these tactics squelch the voice of dissent in all age groups and keep people from exercising their first amendment rights.

Below: Scenes gathered from the streets of St. Paul during the Republican National Convention 2008

Law and Disorder September 1, 2008

Updates

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The Prosecution of President Bush and Other Administration Officials for War Crimes

This month, Larry Velvel, dean and co-founder of Massachusetts School of Law at Andover will hold a conference to plan the prosecution of President Bush and other administration officials for war crimes. The conference will take on the issues of both domestic and international crimes committed by high level Bush officials, including Federal judges and members of Congress. A coordinating committee of legal groups will also be created, among the legal groups are the Center for Constitutional Rights, ACLU, National Lawyers Guild. Official Site

“This is not intended to be a mere discussion of violations of law that have occurred,” says convener Lawrence Velvel, dean and cofounder of the school. “It is, rather, intended to be a planning conference at which plans will be laid and necessary organizational structures set up, to pursue the guilty as long as necessary and, if need be, to the ends of the Earth.” related article

Velvel Interview Notes:

  • Conference will be held in undisclosed location for the time being.
  • Until people have the fear they will be brought to book if they violate the law in a very serious ways that cause tens of thousands of deaths, what will stop them from doing it in the future?
  • Unless there is something to look back on, like the Germans and the Japanese apparently know, don’t do it again because people swung.
  • Who’s to say it won’t happen 20 or 30 years in the future again.

Guest – Lawrence R. Velvel, Dean of Massachusetts School of Law and a professor of law. Mr. Velvel is a 1960 graduate of the University of Michigan and a 1963 graduate of the University of Michigan Law School, where he served on the law review and was elected to the Order of the Coif. He was a law professor from 1966-1978, first at the University of Kansas and then at Catholic University. He has been a partner in major law firms in Washington, D.C., and was the first chief counsel of an organization established to write United States Supreme Court briefs in support of state and local governments. read more.

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New Guidelines Would Give F.B.I. Broader Powers

A Justice Department proposal which could be made public in a month, has given the government even broader license to open terrorism investigations, without any evidence of wrongdoing, relying instead on racial or ethnic profiling. Currently, FBI agents need specific reasons, such as evidence or allegations that a law probably has been violated, to investigate US citizens and legal residents. Last month, The Council on American Islamic Relations decried the forthcoming plan as “unconstitutional and un-American.”

This proposal is among other aggressive plans the Bush administration has put in place such as new wiretapping regulations and authorizing greater sharing of intelligence information with the local police. The Director of National Intelligence has set up – Information Sharing Environment – where certain police authorities will have access to information produced by the FBI, by the intelligence community and also by police departments around the country.
It is “one stop shopping” for all these different police agencies and even private companies to have access to this highly speculative, accusatory, fragmented and often erroneous information.

Intelligence Fusion Centers – which I think is a real problem, particularly since there’s very little oversight of these centers
there’s no way to correct these watch files, – a main problem with the closed system, where no one has an opportunity to go in and say you got this piece wrong.

Related Article : Colorado ‘fusion center’ to step up intelligence gathering during DNC

Mike German Quotes:

  • Giving the FBI more authority to collect more information isn’t helping the FBI be more effective.
  • Gathering information about innocent people won’t help find guilty people.
  • There is no terrorism profile, people are drawn to terrorism for all sorts of reasons.
  • Terrorism watch list : 1 million individual records – clearly nobody believes there’s a million terrorists out there.
  • The FBI don’t know to this day, how many national security letters they’ve issued.

Guest – Mike German, attorney with the ACLU and former FBI agent. Mike German is a recognized expert in terrorist group behavior, counter-terrorist operations, and right-wing extremism. He has appeared on Dateline NBC, Paula Zahn Now, CNN, and MSNBC and his commentary has been published in the National Law Journal and the Washington Post. Mike served for sixteen years as a Special Agent with the Federal Bureau of Investigation and is one of the few agents credited with actually having prevented acts of terrorism before it became the FBI’s number one priority.

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