Law and Disorder June 10, 2024

I Am Gitmo

It’s been 22 years since the United States opened its prison at the Guantanamo Bay Naval Base in Cuba. Specifically, it was four months after the September 11, 2001 attacks on the World Trade Center. And that was when we started seeing images of men and boys arriving there, bound and hooded, in orange jumpsuits, confined indefinitely without charges, legal process or trials…. And it was not long after that we began hearing reports that the US government was using torture, and even that prisoners were dying there – again, without even being charged with any crime let alone tried by any court.

The US justified its tactics as necessary to win the “War on Terror.” But UN Experts and human rights advocates globally have called for the US to close the facility due to its “unrelenting human rights violations.”

In 2009, President Obama took steps to close Guantanamo… but in 2018, Trump signed an executive order to keep it open. President Biden then came in, signaling he’d close it, but the subject has been largely ignored ever since. Today, thirty prisoners remain. Where To Watch I Am Gitmo In Theaters

Guest – Philippe Diaz, a filmmaker is shining a spotlight on the humanity of the men and boys who have lived – and some who have died – in Guantanamo. His latest film, the award-winning I Am Gitmo, is a story about a Muslim schoolteacher in Afghanistan who was accused of being involved in the September 11th attacks and imprisoned in Guantanamo Bay prison without charges or hope of being released. Philippe is not only the writer and director of I Am Gitmo, but he is also the founder of Cinema Libre Studio. CLS is a boutique film company created in 2003 with a consortium of partners to provide an alternative structure for intelligent, independent films to get developed, financed, produced and distributed.

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22 Years of Guantánamo Bay Detention Center

The notorious detention center at Guantanamo Bay is high among the most shameful steps taken during George W. Bush’s War on Terror. It remains a symbol of lawlessness and human rights abuses. In a recent letter, 17 US Senators, argued that the detention facility continues to harm U.S. national security by serving as a propaganda tool for America’s enemies and hinder counterterrorism efforts and cooperation with allies.

January 11 2024 marked the 22nd anniversary of Guantánamo’s opening. It has cost the United States $540 million each year. That’s almost a total of $12 billion and counting. There are now still 30 men remaining in detention at Guantánamo—more than half of whom have not been charged with any crime and have been approved by US national security leadership for transfer out of Guantánamo. Some of these men have been approved for transfer for years, and at least one has been approved for transfer for more than a decade, yet these 16 men have continued to languish in indefinite detention. None of the innocent detainees has ever been compensated for their wrongful detention. Sadly, Guantanamo is but one example of the forms of torture which the United States engages in and supports.

Guest – Rev. Ron Stief, an ordained minister in the United Church of Christ, who is the Executive Director of the National Religious Campaign Against Torture (NRCAT), an interfaith organization of more than 325 religious organizations committed to ending U.S.-sponsored torture. Rev. Stief sits on the Steering Committee of Shoulder to Shoulder / Standing with American Muslims Upholding American Values, co-leads the national advocacy strategy of the Washington DC Interreligious Staff Community, and is a member of the Federal Anti-Solitary Task Force which works to end solitary confinement in federal prisons, jails and immigrant detention.

 

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Law and Disorder July 17, 2023

War Made Invisible: How America Hides the Human Toll of its Military Machine

From Afghanistan to Iraq and Syria and on to little known deployments in a range of countries worldwide, the United States has been at perpetual war for at least the past two decades. Yet many of these foreign wars remain off the radar of average Americans.

We speak today with author and political analyst Norman Solomon about his new book War Made Invisible: How America Hides the Human Toll of its Military Machine.

Solomon writes that since the attacks on 9/11, more than 20 years ago, first in the war in Afghanistan, and then Iraq, a hugely consequential shift in (United States) American foreign-policy was set in motion: a perpetual state of war that is almost entirely invisible to the public. Solomon exposes how this happened and what the consequences are, for military and civilian casualties, and the draining of resources at home.

Compliant journalist add to the smokescreen by providing narrow coverage of military engagements, and by repeating the military’s talking points. Meanwhile, the increased use of high technology, air power, and remote drones has put distance between soldiers and the civilians killed in action. Back home, Solomon shows, the cloak of invisibility masks massive Pentagon budgets and receive bi-partisan support even as housing, medical care, education, and infrastructure goes abegging.

Guest – Norman Solomon is cofounder of RootsAction.org executive director of the Institute for Public Accuracy. He’s written many books, but “ War Made Invisible“, is his first one in 15 years. Solomon founded the Institute for Public Accuracy in 1997 and is its executive director. Immersed in anti-war, social justice and environmental movements since the late 1960s, he is the author of a dozen books including “War Made Easy” and “Made Love, Got War.”

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Israel Attacks West Bank City of Jenin

On fourth of July, as we in the US heard fireworks, people in the Palestinian city of Jenin heard real gunfire and fled from real explosions. On July 3, a thousand Israeli Defense Force soldiers descended on the city, with helicopters, drones and bulldozers, to execute a two day bombardment that leveled the city, reduced its buildings to rubble, damaged hospitals, knocked out utilities, and left at least 13 people dead: 12 Palestinians and 1 Israeli soldier. At least 100 were wounded, and now thousands – about 80% of those living in the camp – are without shelter, water or electricity.

UN Secretary General Antonio Guterres immediately condemned Israel for using excessive force and harming civilians. He’s refused to retract his statement even under enormous pressure from Israel’s UN Ambassador, who called Mr. Guterres’ criticism, “shameful, far-fetched and completely detached from reality.”

A handful of Arab countries and a European Union envoy have also criticized Israel. But others… like the US? Well…. its silence speaks volumes.

Guest – Sandra Tamari is a Palestinian organizer and the Executive Director of Adalah Justice Project, a Palestinian advocacy organization that builds toward collective liberation through labor, cultural, and legislative campaigns. She holds a Master’s degree in Arab Studies from Georgetown University. In May 2012, she was jailed and denied entry into Palestine by Israel because of her work to encourage U.S. churches to divest from the occupation.

Hosted by attorneys Michael Smith and Maria Hall

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Law and Disorder March 22, 2021

Jodie Foster Plays Attorney Nancy Hollander in The Mauritanian

In 2019 Law & Disorder interviewed Nancy Hollander for our Lawyers You’ll Like series. Nancy secured whistleblower Chelsea Manning’s release in 2017 when President Obama commuted her sentence from 35 to 7 years. Nancy was also an attorney in the landmark Holy Land Five Case. In her law practice she often represents individuals and organizations accused of crimes involving national security.

We also spoke with Nancy in 2018 about her client Mohamedou Ould Slahi, whose release she obtained after he served 15 years in the American offshore prison camp in Guantanamo Bay Cuba, without ever being charged of a crime. Slahi wrote a memoir about his experience in prison called Guantanamo Diary, where he was tortured in ways personally approved by then-Defense Secretary Donald Rumsfeld. Thanks to Nancy Hollander the book was published in 2015 and became an international bestseller. Fast forward to 2021. A new film, The Mauritanian, features Jodi Foster as Nancy. Foster has already won a Golden Globe for her performance, and the film sheds light on Nancy’s tenacious fight to free her client, the secretive prison camp and the illegal practices therein.

Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.

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Stevens Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice by Bruce Levine

The 1861 to 1865 Civil War and the reconstruction period which followed it is widely considered to be the second American revolution. The slave-owning planter class in the south was defeated, at least for a while. Slave labor was abolished, but came back in other forms after reconstruction was crushed by 1877.

The promise of the declaration of independence that all men are equal before the law was fulfilled, at least for a while. Pennsylvania congressman Thaddeus Stevens was the foremost political leader in the struggle, even more than Abraham Lincoln.  Stevens helped to bring about the abolition of slavery and was a leader in the effort during Reconstruct to make the United States a biracial democracy   This wise and eloquent revolutionary has been vilified and rendered rendered obscure during most of the years since he died 153 years ago.

The distinguished historian Bruce Levine in his just published biography of Stevens “Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice” has secured a place for him alongside his contemporary John Brown in the pantheon of American revolutionary figures.

Guest – Bruce Levine, emeritus professor of history at the University Illinois and the author of four previous books on the Civil War era.

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Law and Disorder February 1, 2021

Attorney Mara Verheyden-Hilliard: Law Enforcement Caught Off Guard On January 6th?

Many are saying that the police were caught off guard when rioters stormed the nation’s capitol on January 6, 2021, leaving four people dead. It was the most significant breach of Congress in more than 200 years, and pro-Trump rioters promised that it won’t be the last. In their violent and lawless efforts to upend what they called a fraudulent election, they faced minimal police resistance. Far-right mobs smashed windows and doors, stormed the Capitol behind a traitorous, terrorist Confederate flag, and broke into the Senate chamber.

Unlike Black Lives Matter protesters and legions of peaceful protesters before them, police have consistently used potentially lethal weapons to disburse and social justice mass demonstrations. But how could the Capitol be unprepared? Word on social media and in the news was that fascists planned to converge in throngs prior to the changing of presidential administrations.

Guest – Attorney Mara Verheyden-Hilliard, with the Partnership for Civil Justice Fund, that is partnering with the newly-formed Center for Protest Law and Litigation, to demand a fully public investigation into law enforcement’s handling of the riot on the Capitol Building on that day that shocked much of the nation.

Fred Hampton: The Fight For Truth

Fred Hampton was the young dynamic leader of the Chicago chapter of the Black Panther Party. On December 4, 1969 he was assassinated. An assassination is a political murder. He was assassinated as part of FBI leader J. Edgar Hoover‘s Cointelpro program. Cointelpro was initiated by Hoover to disrupt, destroy and neutralize the Party and the civil rights movement. Malcolm X and Martin Luther King had already been killed under suspicious circumstances.

Chicago attorney Flint Taylor of the Peoples Law Office, who along with Jeff Haas, Dennis Cunningham, and Morton Stavis of the Center for Constitutional Rights was part of a team that after 13 years of litigation were able to prove that the FBI, the Chicago police, and the Chicago States Attorney were guilty of killing Fred Hampton, his fellow Black Panther Mark Clark, and wounding several others.

The murders took place in a pre-dawn raid on Hampton‘s apartment. An FBI informer, William O’Neal, supplied the killers with a map of the apartment showing where Fred was sleeping. and drugged, probably by O’Neal, when the police opened fire with a hail of 90 bullets. A Chicago police officer fired two shots into Hampton’s head at close range as he lay in bed.

It has recently been disclosed that O’Neal’s control control agent. Roy Mitchell, was paid a bonus for his and O’Neal’s role in the assassination, and that Hoover, and his top lieutenants William Sullivan and George Moore, were aware of O’Neal’s activities and authorized this award directly after the raid. What are the lessons we can learn from this? Is the FBI still carrying on Cointelpro type operations? How do we protect ourselves?

Guest – Attorney Flint TaylorFlint and Jeff Haas have recently written an article about the new information which can be found on Truthout and the Black Agenda Report. Flint, welcome back to Law And Disorder.

 

 

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Law and Disorder January 11, 2021

Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.

Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.

– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law

Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.

– Attorney Bill Goodman