Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Torture, Truth to Power
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The Federalist Society: How Conservatives Took the Law Back from Liberals
Has the Department of Justice been taken over by a conservative organization little known to the average citizen? In the recently published book titled The Federalist Society: How Conservatives Took the Law Back from Liberals authored by attorney Michael Avery and Danielle McLaughlin track the movements of a small group of conservative law students and their influence. The Federalist Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Members include economic conservatives, social conservatives, Christian conservatives, and libertarians. They all differ with each other on significant issues, but cooperate in advancing a broad conservative agenda.
Attorney Michael Avery:
- I saw how much power and influence the Federalist Society had during the years George W. Bush was president and at the same time I realized most people don’t know very much about them.
- They remained under the radar, I thought it was important to tell their story.
- They came along just at the right time for them, it was really kind of a perfect storm for them. Ronald Reagan was in the White House, you had a general renaissance of conservative thought that was promoted by people like Bill Buckley in the National Review, you had resistance to school integration and forced bussing. So there was a backlash waiting to happen against some of the things that happened in the law.
- It’s very important to recognize the role Ed Meese played. First he was counselor to the president then he was attorney general, later he became a principle figure at the Heritage Society.
- Many people are open members of the Federalist Society, others not so much but through a variety of sources I think we’re very confident that the people in that appendix either are members or very close to the society and sometimes I call that list the 100 most powerful people in the country and most of them you never heard of.
- About half the members that George W. Bush appointed to the Federal Court of Appeals were members of the Federalist Society.
- This battle over whether the government is able regulate private property has been one of the principle ideological battles of American Constitutional law since the end of the 19th century.
- They argue that property rights are a natural right that everybody is entitled to.
- It’s better to tolerate disagreement than to try to be 100 percent correct all the time.
Attorney Danielle McLaughlin:
- The substantive areas of law that we’re seeing this test cases brought in are very much reflective of the core values of the society. Those are notions of small government in particular small federal government. The idea that the state exists to preserve freedom.
- Many are involved in public interest law firms who go out and find plaintiffs and challenge regulation at the state level and in many cases have been successful in challenging laws in opposition to their world view all the way up to the Supreme Court.
- They really worked this very large network that they developed.
- Olen Foundation says here’s some money go out and build an institution.
- The Federalist Society today is not handicapped by having to report back or meet short term goals. The conservative funders believed in long term institution building.
- There are Federalist Society student groups on the campus of every single accredited and some unaccredited law schools. There are lawyer chapters in every single major city. There are affiliated Federalist Society groups outside the country.
Guest – Civil rights lawyer Michael Avery, professor at Suffolk University Law School and former president of the National Lawyers Guild from 2003 to 2006.
Guest – Co-author and attorney Danielle McLauglin, member of the Litigation and Dispute resolution group.
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The Stalinist Legacy: Its Impact on Twentieth Century World Politics
We go now to hear a presentation by internationally acclaimed Pakistani writer and film maker Tariq Ali during a New York City book launch of his new book The Stalinist Legacy: Its Impact on Twentieth Century World Politics. Karl Marx’s often quoted observation “History weighs like a nightmare on the brain of the living” is so true. Even 20 years after the Soviet Union’s collapse, activists are still confronted by the legacy of Stalinism at the same time capitalism has failed millions of working people in the United States and across the world.
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Civil Liberties, Cuba, Human Rights, Supreme Court, Truth to Power
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- MOMA Suggested Donation Lawsuit
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Michael Smith and Dennis James Discuss Cuba Trip
Co-host Michael Smith and attorney Dennis James recently returned from Cuba on a trip led by the Center for Cuban Studies. Dennis is a civil rights lawyer formerly of Detroit and former Executive Director of the National Lawyers Guild. The trip was undertaken to appreciate the fundamental changes now going on in Cuban law with respect to travel, home, car and business ownership. The discussion leads into the possibilities of an economic rejuvenation in Cuba.
Attorney Dennis James:
- The people of Cuba had a strong identification with the revolution they made.
- Cuba is theirs and nobody else is going to tell them how to run it.
- They have a lot of complaints about shortages, but they’re very appreciative of the basic needs of life that are provided for.
- The Cuban government did a thorough and multi-level canvassing of the population through its national assembly and committees for the defense of the revolution.
- Talking to the people on the street, they remember this process that went on.
- The government watches which enterprises make sense, which ones are succeeding.
- The ones that are succeeding and paying taxes, employing people are encouraged.
- Book: The Man Who Loved Dogs
- Book: Cuba, What Everyone Needs To Know – Julia Sweig
- There’s a colony of people in Melia Cuba that practice what they call naive art.
- I think its naive in the sense that it’s self taught.
- They do wonderful paintings, these are doctors, lawyers, bakers, bus driver, cops, sugar mill workers.
- Their work is encouraged, given exhibits in Havana.
- Sandy Levinson – The Center for Cuban Studies.
- We’re not talking about the flag waving, hammer and sickle brandishing socialist realism of China and Russia, we’re talking about wonderful expressions of culture.
Guest – Dennis James, a civil rights lawyer formerly of Detroit and former Executive Director of the National Lawyers Guild.
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Supreme Court On Gay Marriage
Last week the Supreme Court heard oral arguments on two historic cases that could establish the constitutional right for gay marriage. The first case, Hollingsworth v. Perry is a challenge to California’s voter-approved ban of same-sex unions in 2008. Six months after the California Supreme Court endorsed gay marriage, voters passed Proposition 8 which amended the state’s constitution to only recognize marriages between a man and a woman. Lower courts had declared the gay marriage ban to be unconstitutional. The second case the Supreme Court heard was a challenge to the 1996 Defense of Marriage Act. This act bars married gay couples from receiving federal marriage benefits such as Social Security and family medical leave.
Professor Katherine Franke:
- On the Prop 8 case, I would certainly question the issue of standing which the court is from their argument also taking quite seriously.
- It’s actually an incredibly important issue in civil rights law where groups of people want to assert an interest in an overarching public issue like the right to marry.
- I’m of the view that this should never have been brought.
- The movement lawyers really argued for Boise and Olsen not to bring the case. Boise and Olsen lobbied quite hard to keep the movement lawyers out of the case.
- When the law gets out ahead, and the lawyers get out ahead of the movement that support them, often we do more damage than good when we get to the Supreme Court too soon.
- We have movement lawyers in the lesbian and gay community and of course they don’t all agree with each other, its a complicated movement. But there was a sense that they were going to go state by state, and build legal consensus around the issue of marriage rights and around a set of arguments that weren’t going to hurt gay and lesbian people who didn’t marry.
- Boise and Olsen thought they would do a better job raising the issue of marriage than the movement lawyers have. They’re carrying a brief for marriage, not a community who have a diverse set of interests, marriage being only one of them.
- DOMA, the Defense of Marriage Act is a law that unfortunately President Clinton signed in 1996. It was basically a homophobic cry from the Congress to limit on the federal level any definition of a marriage to between a man and a woman.
- If you’re a federal employee, if you’re married you can put your spouse and dependent children on you health insurance.
- If you’re not married, you can’t.
- Edie Windsor is the plaintiff in the DOMA case but when her partner of many many years past away, Edie inherited under the will, her partner’s property they jointly owned together. Under federal tax law it says if they were strangers to one another, so Edie had to pay about 360 thousand dollars in inheritance taxes for the property she had owned with her partner.
- There was a coalition of large corporations that filed a brief and said actually
- The political alignment on this issue has really shifted at a rapid pace in the last year.
- I direct our center on gender and sexuality law.
- I’m actually now teaching for the first time a class on the law of occupation so we’re looking at Iraq and Palestine and the United States, Puerto Rico and Hawaii. To understand whether the law can be a force for good when military force is like the Israelis or like the Americans occupying other sovereign states.
- We’ve got a really great new project engaging tradition and thinking about arguments based in tradition, that have been used traditionally to undermine sexually based justice claims.
- Those issues come up in the marriage context all over the place.
Guest – Professor Katherine Franke, the Isidor and Seville Sulzbacher Professor of Law; Director, Center for Gender and Sexuality Law at Columbia Law School.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Extraordinary Rendition, FBI Intrusion, Habeas Corpus, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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The Search for Colonel James Steele: US Special Forces Veterans Links General Petraeus With Torture In Iraq
A 15-month investigation and documentary film by the Guardian and BBC Arabic James Steele: America’s Mystery Man In Iraq has revealed how US colonel James Steele, a veteran of American proxy wars in El Salvador and Nicaragua, played a key role in training and overseeing US-funded special police commandos who ran a network of torture centers in Iraq. Steele and another special forces veteran retired Colonel James Coffman reported directly to General David Petraeus. Petraeus as listeners may know was tasked with organizing Iraqi security services.
Patrick Farrelly:
- The projections that they made about being welcome in Iraq were just not true.
- It looked like the insurgency at that point in 2004 was just getting off the ground.
- This is where they turned to General Petraeus, I know he’s seen in the think tanks in Washington as the scholar warrior.
- Rumsfeld called upon him to go back into Iraq and to organize a pretty massive police force in Iraq.
- He hooked up with 2 people there, Colonel James Coffman and Colonel James Steele.
- Mill Group is essentially a bunch of military advisers who are training the Salvadorian security forces to fight the guerrillas.
- Colonel James Steele was the guy in charge of the American advisers who were training these people and also directing these forces.
- Counter-insurgency force went from 400 to 17 thousand.
- What the United States needs really badly is intelligence, they need to know who the insurgence are and where they can get them.
- That’s Steele’s expertise, having these guys on the ground, they draw in thousands of people and basically torture them for information.
- It’s Steele’s job to collate that information so that they can then hand it over to the US military. The US can then go after the insurgence informed for the first time.
- Part of the Wikileaks discovery, in terms of the war-logs which was released by Bradley Manning to wikileaks, shows this entire pattern of US soldiers coming across these detention centers,
- – they’re giving consistent reports of seeing torture of seeing abuse.
- Frontline: The Gangs Of Iraq.
- It’s a production line. These young men come in, these people were hung up on ceilings, nails pulled out with pliers, it was water boarding.
- They turned the city library (in Iraq) into a torture center.
- It became this interrogation and torture mill, that no doubt produced a lot of information.
- For empire, people like James Steele are very very important.
- Empires tend to roam into other people’s countries, and you know.
- Where did the sectarian civil war come from? Who played a part in bringing this about?
- James Steele, lives in Texas, at one point he was Vice President of Enron.
- The public is not really aware of what’s being done in the name of US taxpayers in foreign lands.
- I think its clear that the Sunni community is completely disenfranchised. I think its still in a state of terror.
Guest – Patrick Farelly, a TV, radio and print journalist who has worked in the US and Ireland. Farrelly was producer of Michael Moore’s Emmy award-winning NBC/BBC2 series TV Nation and later Bravo/Channel 4 co-production Awful Truth. He was the founding editor of the New York based weekly newspaper Irish Voice and has also been features editor of the New York Post. He has also worked for HBO, Discovery, PBS and Irish broadcasters RTE and TG4.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Political Prisoner, Surveillance, Torture, Truth to Power
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Sequester As A Form Of Austerity In The United States
We welcome Economics Professor and radio host Rick Wolff back on the show to discuss the current billion dollar cuts known as the sequester. The sequester is a massive reduction in US military and domestic spending of up to 85 billion dollars. This is a massive austerity policy that will send ripple effects throughout the US economy. Meanwhile, our guest Professor Rick Wolff points to corporations continuing to use cheap labor that is substituted for “costly” workers in the US and Europe. Professor Rick Wolff has exposed the flawed system of modern capitalism for many years, he joins us today to discuss the new austerity, called sequester as the inequalities of wealth continue to widen. Rick Wolff and Bill Moyers Interview.
Professor Rick Wolff:
- We’ve had basically the same story for most of the last five years. This crisis technically started in the last quarter of 2007.
- If you are an employer, at least a big one, and if you are an owner of shares of stock, you’ve now come back, its taken six years to do it, you’ve now recovered where you were.
- No one predicted a crisis of this depth.
- They are a tiny portion of the American people, those employers and those share holders.
- The unemployment rate before this began averaged under five percent.
- At the worst moment of this crisis in 2009, 2010, unemployment hit 10 percent. Where are we today? Barely under 8 percent.
- Every single family in the United States on average has a person in it, that is going through this process (unemployment) and is therefore becoming a burden to the rest of the family.
- This is a stock market that seems to believe that it doesn’t have to worry about where the mass of people are, doesn’t have to worry about their diminished purchasing power.
- The United States is pursuing an austerity policy.
- Austerity is a very simple idea, it has 2 parts. You raise taxes on average (income) people. Part 2 is you cut government spending throughout the economy.
- That’s what they’ve been doing in Greece for the last 3 years. That’s what they’ve been doing in England and France, and Portugal and Italy and on and on and on.
- . . and we’re doing it too.
- Austerity has been agreed to by Republicans and Democrats alike. There is no debate in this country at least as far as the 2 parties are concerned about austerity.
- The only disagreement Republicans and Democrats have is about what tax increases and cutbacks are going to be done.
- This crazy behavior in which people who can’t agree, punish themselves by not agreeing by agreeing to do something they couldn’t agree to do.
- Fiscal Cliff: All couples that earn more than 450 thousand dollars a year, that was the cut off. Anybody earning less than 450 thousand is 99 percent of our people, were not affected by this “tax the rich” only those above 450. Here’s what happened to them, instead of the 35 percent rate they paid in 2012 under the deal that was struck it was raised to 39.6 percent.
- No rich person in that category will do anything but laugh all the way to the bank, that this was called an attack on the rich.
- You’re not taxing the rich, not even close.
- Payroll tax increase to 6.2 percent. Social Security tax.
- Sequester: All it meant was if the government didn’t reach an agreement, the way they did it the last minute for taxes, these automatic cuts that were automatically written in 2011 when this whole thing was set up,
- would kick in. Well they failed to reach an agreement, and this sequester went into effect on March 1.
- You should be aware that at any time, Congress can make an agreement which supercedes all of this.
- The military does not want or need a good bit of the spending geared up to be given to it.
- It’s not the military that wants it, its the Congressional representation from the companies with the military contracts who want it. So we have this bizarre display, we’ve had it for years, in which the military gives testimony, we don’t need this program.
- The Congress men and women sit their and listen and vote it in anyway. They want the jobs and prospects of the defense contractors who are funding their political campaigns to be protected.
- If you raise payroll taxes which they did, you are damaging the economy in a straight forward, obvious way.
- With more people unemployed, they don’t earn and income, they don’t pay an income tax.
- This is the policy that was followed in Greece, they’ve been collapsing ever since.
- Last weekend was the largest demonstrations in Lisbon, in the history of Portugal.
- Nobody on Wall Street knows what’s going to happen 3 months from now.
- We are not going to escape the turmoil, Occupy was the first sign of that.
Guest – Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program in International Affairs of the New School University, New York City. He also teaches classes regularly at the Brecht Forum in Manhattan.
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Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Torture
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Coding Freedom: The Ethics and Aesthetics of Hacking
In the past 2 years, we’ve discussed in many interviews and updates, the attacks on whistle-blowers and hackers. The emerging movement of programmers, hackers, open source software, online communities has challenged and exposed corporate and government control and surveillance, making them targets of prosecution. As many may know, our own Michael Ratner has represented whistle-blower Julian Assange, computer activist Jeremy Hammond, and has been a legal adviser to many others including the late Aaron Swartz. Today we talk with author Gabriella Coleman about her recently published book Encoding Freedom: The Ethics and Aesthetics of Hacking. It’s a good place to start for those learning about the political significance of free software, intellectual property and the morality of computer hacking.
Gabriella Coleman:
- When you utter the word hacker, usually the image that pops into people’s minds is nefarious criminal. That can be the case but really hackers are composed of an extremely lively group of individuals who tend to be computer programmers and network administrators, who actually are committed to a range of civil liberties such as free speech and privacy. Especially in the last decade they’ve been involved in political activities as well.
- They’re quite a bit of diversity among hackers, technically.
- Hackers – are keenly aware of the issues such as censorship, which impact the present and the future of the internet. Some hackers are committed to insuring internet freedoms for their own productive autonomy.
- Beyond productive autonomy they’re really starting to care about the broader issues relating to internet freedoms and how they relate to democracy at large.
- In order for software to be made, it must be written in a programming language such as C++, Python and Pearl and its written in source code. These are the underlying directions of software.
- A very prominent group of hackers who are committed to always having access to source code have actually reinvented the law to make sure that that source code is eternally available. They’re very much against copyrights and patents and have created something called a copyleft to make sure the source code that powers software is always accessible to them.
- Proprietary software such as the Microsoft Operating System is behind lock and key. We don’t have access to the underlying directions.
- There’s a contingent within the hacker world who believe that access is not only good for the sake of improving technology but is the morally right thing to do.
- That its a collaborative process, that everyone should have access to it. There are other hackers that are a little less concerned about the ethics of access and they’re more concerned about the pragmatics.
- I originally thought that these free software developers who were part of these large projects such as Debion, were raging Leftists. The project itself had collected people from all political orientations.
- Anonymous is a digital phenomena somewhat composed of hackers but not exclusively so, who has engaged in an enormous amount of political activities. They are innovating in the realm of direct action related to digital protest.
- Some will engage in hacking to get information about corporate corruption to leak to the world at large. They also engage in distributed denial of service attacks where a website is so overloaded with requests it comes off line.
- Free software, in order for it to be free speech is also like free beer, you have to make the source code available. But that doesn’t stop people from charging money for support or services.
- In the case of SOPA being passed, there was massive outcry, and massive organization to do something about it to stop it in its tracks. It came from different quarters of society, it came from corporate giants such as google, it came from the Electronic Frontier Foundation, and there was a huge black out where people took down their websites. It had a massive effect and stopped it in its tracks.
- I’m currently working on a book on Anonymous. That should be definitely done by 2013.
Guest – Gabriella Coleman, Wolfe Chair in Scientific and Technological Literacy in the Art History and Communication Studies Department at McGill University. Trained as an anthropologist, she researches, writes, and teaches on hackers and digital activism. Her first book on Free Software, “Coding Freedom: The Aesthetics and the Ethics of Hacking” has been published with Princeton University Press. It is available for purchase and you can download a copy on here.
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Long Distance Revolutionary: A Journey with Mumia Abu-Jamal
The new documentary, “Long Distance Revolutionary: A Journey with Mumia Abu-Jamal,” is premiering across the country. The film includes interviews from Cornel West, Alice Walker, Ruby Dee, Dick Gregory, Amy Goodman, Michael Parenti, writers Tariq Ali, and Michelle Alexander. This film beautifully captures the importance of Mumia Abu-Jamal’s life as an American journalist, and radical. He published seven books in prison including the best selling “Live From Death Row.”
In Chris Hedges’ review he points out what Cornel West says in the film: “The state is very clever in terms of keeping track, especially [of] the courageous and visionary ones, the ones that are long-distance runners. You can keep track of them, absorb ’em, dilute ’em, or outright kill ’em—you don’t have to worry about opposition to ’em.”
Steve Vittoria:
- The arc of Mumia’s life and the body of his work which is remarkable under harsh and draconian conditions is much more than December 9, 1981. I’ve always seen his life as more than one moment.
- I wanted to tap into what I found was clearly a unique story. Here’s a young man who early on realized he was a revolutionary by the time he was 15 years old.
- He’s writing remarkable work for the Black Panther Party and their newspaper. By 26, he’s a vibrant radio broadcaster and journalist in Philadelphia, reaches NPR and All Things Considered.
- After incarceration, he publishes 7 or 8 books.
- I did from a creative standpoint and a very practical standpoint.
- I wanted to tell a really good story. Any filmmaker, that’s job number one. Mumia, you just have to turn the camera on and you can tell a great story.
- If the film starts to win awards and get fawned over then something’s wrong.
- My favorite interview in the film is Mumia’s sister Lydia Barashango who unfortunately passed away a few months after we interviewed her from her bout with cancer. She went to great lengths to secure her baby brother’s legacy.
- Trying to find what it was like as a young African-American kid growing up in one of the great racist northern cities of Philadelphia, what it was like
- I didn’t realize how funny he could be. He’s kind of a science fiction nerd. He calls himself a nerd.
- Mumia has a very strict schedule for work.
Guest – Steve Vittoria, the writer, director, producer and editor of Long Distance Revolutionary: A Journey with Mumia Abu-Jamal. The film premiered in theaters in New York City earlier this month.
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