Civil Liberties, Criminalizing Dissent, FBI Intrusion, Human Rights, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Truth to Power
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Appeal Denied In Holy Land Foundation Case
Last week, the Fifth Circuit dismissed the appeal for the Holy Land Foundation case. This decision affirmed the conviction of Ghassan Elashi, the co-founder of the Holy Land Foundation for Relief and Development. As many listeners may know, the Holy Land Foundation was considered the largest Muslim charity in the United States before the Bush administration shut it down after the September 11 attacks. In May 2009, a federal judge in Dallas handed down sentences ranging from 15 to 65 years in prison to five of the charity’s founders and former fundraisers. Over a year before, a federal jury returned guilty verdicts on all 108 counts against the Foundation and the five former officers on charges of providing material support to Hamas after the U.S. government designated it a foreign terrorist organization in 1995. During that trial, the prosecution used unrelated video of suicide bombers to emotionally sway the jury.
Ghassan Elashi was then sentenced to 65 years in prison for giving material support in the form of humanitarian aid to Zakat committees – Palestinian charities in the West Bank and Gaza, that prosecutors were alleging were fronts for Hamas. Ghassan is being held in the Communications Management Unit in Marion, Illinois.
Noor Elashi:
- One of the arguments the defense lawyers made is that USAID, which is a government agency sent money to the same exact Zakat Committees which are these distribution centers in Palestine that the Holy Land Foundation sent charity to.
- That was their main charge, they were charged with giving material support in the form of humanitarian aid to Zakat Committees which the prosecutors were claiming were fronts for Hamas.
- In their appeal, one of their main arguments is that these Zakat Committees received money from many NGOs including an American agency.
- Another argument in the appeal was for the first time in US history, an expert witness who was an Israeli intelligence officer who testified under a fake name was allowed to testify under a pseudonym.
- My father recently had a phone call ban, because he put his name on a yoga mat, and it was considered destruction of government property.
- Our defense attorneys are not going to quit. They will ask the entire panel of appellate judges to re-hear the case, if that is denied, they’ll take the case to the Supreme Court.
- The foreign policy and politics of this country have been very favorable to Israel.
- FreedomToGive.com
Guest – Noor Elashi – the daughter of Holy Land Foundation prisoner Ghassan Elashi. She is a writer based in Dallas, Texas. After receiving a Bachelor’s degree in journalism from the University of North Texas, she worked for the Fort Worth Star-Telegram. In July 2008, she won the 3rd place Mayborn Literary Nonfiction Award for her manuscript titled “Displaced,” which she plans to expand into a memoir about the displacement of three generations of Palestinians: her grandmother, father, and herself. She can be reached at noorelashi@gmail.com.
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Event In Philadelphia Marks 30 Years of Mumia Abu-Jamal’s Incarceration
On December 7, the Philadelphia District Attorney’s Office announced that it will not seek another death sentence for Mumia Abu-Jamal. Under Pennsylvania law, Mr. Abu-Jamal will now be sentenced to life imprisonment without the possibility of parole in the Philadelphia County Court of Common Pleas. The National Lawyers Guild commented that while there is overwhelming doubt about what the state claims to be the facts in this case, even those allegations never supported a capital charge. That it has taken three decades to remove death from the table is astonishing.
The Guild has long maintained that Mr. Abu-Jamal is entitled to a new and fair trial. Procedural irregularities plagued his case from the outset, including blatant constitutional violations, from the judge allowing the prosecution to admit evidence of his affiliation with the Black Panther Party, in violation of the Supreme Court case Dawson v. Delaware, to the use of a faulty sentencing form that misled jurors during the penalty phase, in violation of the Supreme Court case Mills v. Maryland.
A great deal of relevant evidence has never been reviewed by any court, much less presented to a jury. This evidence includes several photographs of the crime scene which impeach the testimony of a police officer who was a key eyewitness and proof that another individual was present, and fled, the scene of the shooting.
Mr. Abu-Jamal was charged at a time when, it was later revealed, there was extensive corruption within the Philadelphia Police Department. In 1995, then-District Attorney Lynne Abraham promised the city that she would dismiss any case in which there was evidence of police perjury or purposeful misreporting of facts. Given the history of police misconduct in Philadelphia when Abu-Jamal was arrested, and the specific instances of police perjury in his case, the National Lawyers Guild has urged current District Attorney Seth Williams to act on his predecessor’s unfulfilled pledge.
Two days after the DA’s announcement, and commemorating International Human Rights Day, a free forum was held at the National Constitution Center in Philadelphia to mark the 30th anniversary of Mumia Abu-Jamal’s incarceration, justice. Twelve-hundred Mumia supporters met to reinvigorate the movement for justice for Abu-Jamal and to say no to life in prison for the political prisoner. “Because for 30 years Abu-Jamal has been unconstitutionally imprisoned in death row torture, justice for Mumia will not be served by life imprisonment, but by freedom,” said Dr. Johanna Fernandez, professor of history at Baruch College of the City University of New York and a co-producer of the forum. Fernandez wrote and produced a documentary, which debuted at the Constitution Center in 2010 on Abu-Jamal’s case. “Justice on Trial: The Case of Mumia Abu-Jamal,” examines evidence pointing to Abu-Jamal’s innocence and exposes the inequities of the American justice system.
Speakers:
The December 9 forum was co-sponsored by Educators for Mumia Abu-Jamal, the National Lawyers Guild and International Family and Friends of Mumia Abu-Jamal.
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Civil Liberties, Criminalizing Dissent, Crony Capitalism, Green Scare, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power
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Court Vindicates Prisoners in Right to Challenge Federal Experimental Isolation Units Restricting Communication
Last month, the Center for Constitutional Rights won the right for prisoners to challenge a violation of their constitutional rights. Prisoners in 2 experimental federal prison units called “Communications Management Units” or CMUs, will have their claims heard in court. About 70 percent of CMU prisoners are Muslim men. Judge Urbina agreed that the prisoners raised serious constitutional questions about CMUs. The Center for Constitutional Rights filed Aref v. Holder in the D.C. District Court on behalf of current and former prisoners of the units in Terre Haute, IN and Marion, IL; two other plaintiffs are the spouses of those prisoners.
As many listeners may know, these CMUs were secretly opened under the Bush administration in 2006 and 2007. They were designed to monitor and control the communications of certain prisoners and to isolate them from other prisoners and the outside world. The five plaintiffs in Aref were designated to the two CMUs despite having relatively or totally clean disciplinary histories, and none of the plaintiffs have received any communications-related disciplinary infractions in the last decade.
In addition to heavily restricted telephone and visitation access, CMU prisoners are categorically denied any physical contact with family members and are forbidden from hugging, touching or embracing their children or spouses during visits.
Attorney Alexis Agathocleous:
- We’re very troubled about policies and conditions at these units. A number of the restrictions imposed at the CMUs are severe. They are truly cutting people off from their loved ones, they’re community and the outside world
- Blanket ban on physical contact, unparalleled to any other single unit anywhere, including Supermax.
- We feel this needlessly impinges on their right to family integrity and their need to maintain these ties to the outside world.
- What we’re challenging is that there is no due process attached to designation to these (CMU) units.
- Without a disclosure of factual allegations that were used to designate them, without a demonstration of past abuse of communication devices, without a hearing, without an appeal. Once you’re there, no one is told how to earn their transfer to get out. Our clients have benign or in some cases perfectly clean histories.
- What is happening is that Muslim prisoners are being designated there, based on the discriminatory belief that as Muslims they inherently pose a great danger to institutional security, than do other prisoners.
- We’re very concerned also about a pattern of designation of political prisoners and specifically includes environmental and animal rights activists.
- We do believe these are acts of retaliation for protected First Amendment activity, such as speaking out on social justice issues.
- What we’ve asked for in the case is a thorough review of polices and practices in the CMUs.
- What’s next is we’re going into discovery, which is our opportunity to learn a lot more about the CMUs, about their inception, who was involved in designing them and why and about how designations are made.
- CMUs were opened quietly.
Guest – Alexis Agathocleous, staff Attorney at the Center for Constitutional Rights and works on CCR’s Government Misconduct and Racial Justice docket. He is lead counsel in Aref v. Holder, challenging policies and conditions at the federal Bureau of Prisons’ Communications Management Units, and Doe v. Jindal, challenging a Louisiana law that requires individuals convicted of Crime Against Nature to register as sex offenders.
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Financial Regulators Failed: Crooks Go Unpunished
Last week, the Securities and Exchange Commission Friday charged Goldman Sachs & Co. and one of its executives with fraud in a risky offshore deal backed by subprime mortgages that cost investors more than $1 billion. The SEC also contends that Goldman allowed a client, Wall Street hedge fund Paulson & Co., to help select the securities to be sold. Paulson in turn bought insurance against the deal and when the securities sank, losing nearly all value, Paulson then made a $1 billion profit.
While these are not criminal charges, the recently released 650-page report of the Senate Permanent Subcommittee on Investigations, Wall Street and the Financial Crisis (PDF) had exposed the deceptive and risky practices within major financial institutions, that deceived clients and the public. New Economics Perspective Blog
Professor William K. Black:
- Many people still call it the subprime crisis, it would be far better to call it, the liar’s loan crisis.
- Roughly half of all subprime loans by 2006.
- Somewhere between a quarter and 49 percent of new home loans, were in the form of liar’s loans.
- The incidence of fraud when there have been independent studies has ranged from 90 to 100 percent.
- A liar’s loan is when there is no underwriting, no verification of what’s put into the loan application.
- Overwhelmingly, it was the lenders who put the lie is liar’s loans.
- You can sell these loans in the secondary market if they appeared to have 2 characteristics that finance has told us you can’t have simultaneously.
- A premium interest rate and low risk. You could have the best of both worlds. The way to do that was to gimmick two ratios. Debt to income ratio and loan to value ratio.
- Inflating the value of homes, covered up by industry. An honest secure lender would never inflate value.
- It makes perfect sense for a fraudulent company to inflate the value of the house so they can sell the loan on the secondary market for a higher profit.
- Then Attorney General Cuomo, now governor found this as a common practice at Washington Mutual, the biggest bank failure. WAMU had a blacklist of appraisers, you were blacklisted if you refused to inflate value of property. None of these people are being prosecuted.
- In 2004, the FBI testified there was an epidemic of mortgage fraud and predicted that it would cause a financial crisis.
- The Savings and Loans debacle cost 150 billion, the current crisis is costing over 10 trillion.
- The Office of Thrift Supervision, Chainsaw James Gilleran
- Instead of being embarrassed that they were working hand in glove with the lobbyists, they were proud of this and put this in their annual report.
- Geithner and Cuomo urged there not be investigations much less prosecutions of the elite financial frauds because he thought the financial system was too fragile.
- The Justice Department ruined an FBI initiative to try and investigate the elite frauds.
- If you are powerful enough, if you have enough ties, after citizens united, and make enough political contributions, you will not be prosecuted.
- You can’t have crony-capitalism and democracy either.
- Big finance is only supposed to be a middle man, it’s supposed to help the real economy, by simply allocating most efficiently capital to the most productive uses.
- Like any middle man you want absolutely minimal profits going to the middle man.
- Under some measures, finance has 40 percent of the total profits of all American businesses.
- This is the worst group of people you can possibly imagine having power.
- We’ve turned too many of our schools into fraud factories, where we train people how to gimmick accounting.
- Citizen’s United is a fragile case, it doesn’t make much sense in terms of the law.
- What these people are, engines for destroying wealth
- They only get 10 billion, they destroy 10 trillion dollars in wealth. They cost 10 million Americans their jobs.
Guest – William K. Black, a professor of law at University of Missouri, Kansas City who has criticized the absence of any criminal referrals or national task force to effectively punish the elite fraudsters. Professor Black teaches White-Collar Crime, Public Finance, Antitrust, Law & Economics.
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CIA Sponsored Terror, Civil Liberties, Death Penalty, Human Rights, Political Prisoner, Targeting Muslims, Truth to Power
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Drone Based Targeted Killings of U.S. citizens. Anwar Al-Aulaqi
Can the Obama Administration or any future administration use lethal force against US citizens who the executive office unilaterally determines as a threat to the nation? Not yet, but in recent government arguments, in the Anwar Al-Aulaqi case, the executive branch would have unreviewable authority to carry out targeted killings of Americans deemed to be enemies of the state. The ACLU and the Center for Constitutional Rights filed a lawsuit in the U.S. District Court for the District of Columbia on August 30, and the government filed its reply brief on September 25.
The ACLU and CCR were retained by Nasser Al-Aulaqi to bring a lawsuit in connection with the government’s decision to authorize the targeted killing of his son, U.S. citizen Anwar Al-Aulaqi, whom the CIA and Defense Department have targeted for death.
Pardiss Kebriaei:
- This will be our first chance to defend our motion for a preliminary injunction and respond to the government’s arguments. The sum and substance of the government’s arguments is that there should be no rule for the court at all in the question we presented. Whether the government has authority to execute one of its citizens without any kind of due process.
- There should be absolutely no judicial review at all. They have not got into the merits of why they believe they should have this authority. They assert the US is involved in a global war against Al-Qaeda, by virtue of the war the US has the ability to target any suspect of Al-Qaeda.
- Outside of Iraq and Afghanistan, the question of whether armed conflict exists, is a factual objective question. It’s not a matter of which the president declares and that the level of hostilities and the organization of groups in Yemen are just not such that they to the level of war.
- Anwar Al-Alwaqi is not Al-Qaeda, he is associated with Al-Qaeda.
- The US is not only claiming broad authority geographically but global authority in terms of any and all groups they deem somehow linked to Al-Qaeda.
- They’re claiming AUMF but they’re also claiming a very vague principle of self defense which is tricky. They are claiming self defense under article 51 of the UN charter.
- They’re going around criminal law and claiming un-reviewable authority to carry out global assassination. This is an escalation of what we saw under the Bush Administration with global detention authority, this is global killing authority.
- The authority could reach any citizen they deem a threat to national security. It could reach someone in the United States, the full contours of the government’s arguments would be that the decision to kill is for the executive to determine and that should be an un-reviewable decision.
- The mechanized disconnected nature of the killing is alarming, both by an accountability point of view and a moral point of view.
- The drone project is operated by the CIA and by a covert unit in the Department of Defense called the Joint Special Operations Command.
- Documenting them is incredibly hard, but yet you have the expansion of the war and killings, in this shadow war way. You have this parallel secret war being conducted by the CIA and JSOC largely through the use of unmanned drones. What we have here is the pre-determination of the ability to kill.
- There’s been a steady increase of rhetoric about Yemen and an escalation in the language of war.
Guest – Pardiss Kebriaei, she joined the Center Constitutional Rights in July 2007. Since then, her work has focused on representing men detained at Guantánamo Bay in their habeas corpus challenges, before international human rights tribunals, in diplomatic advocacy with foreign governments to secure resettlement for men who cannot return home, and in post-release reintegration efforts. Her clients have included men from Yemen, Syria, Algeria, and Afghanistan. Her work includes seeking accountability for torture and arbitrary detention at Guantánamo.
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Justice On Trial: Documentary on Mumia Abu-Jamal
We’re pleased to have with us today the director Kouross Esmaeli of the new documentary Justice On Trial. The film focuses on the case of Mumia Abu-Jamal, one of the most scrutinized and contested legal cases in American history. Justice on Trial examines the facts of the case, the judicial bias, racial discrimination in jury selection, prosecutorial misconduct and tampering with evidence to obtain a conviction. The injustices and problems in Mumia’s case as many listeners know, are common within the criminal justice system in the United States.
Kouross Esmaeli:
- I tried to get an interview with the wife of the police officer who was killed on the night of December 9, 1981
- I thought it was important to show what drives that side I came to realize that Tigre Hill was making a film (about Mumia, titled Barrel of A Gun) that was propaganda for the other side.
- We had to make sure that film doesn’t become the voice of the nation.
- (Film includes photos 12 minutes after shooting occurred)
- The photos were discovered by an activist and scholar in Germany. He found them online, Michael met the photographer in the US, and realized there were 22 photographs from that night.
- They were offered to the prosecution, they refused.
- What the photographs show is incredible, they show a roving police hat.
- Officer Faulkner’s hat is placed in different spots on the crime scene.
- They show police handling the gun that was supposedly used in this crime. Handling it without gloves.
- There’s this push to kill Mumia and silence him physically. I’m interested to know what drives these people.
- For a screening in your area contact – – Kouross by email – – Kouross@bignoisefilms.org
Guest – Kouross Esmaeli, independent filmmaker and journalist.
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Final Verdict : What Really Happened in the Rosenberg Case.
In 1965, Walter and Miriam Schneir published Invitation to an Inquest, it was among the first critical accounts of the Julius and Ethel Rosenberg case. They were executed in 1953 for passing atom bomb secrets to Soviet Russia. In that book the Schneirs presented exhaustive evidence that key witnesses in the trial had changed their story after prompting from prosecutors. Their conclusion was, the Rosenbergs were innocent. Now after 30 years, Walter Schneir returned to the case with new evidence. Schneir had found that Julius Rosenber was marginally involved in the atom bomb spy ring and Ethel wasn’t involved at all. However they both lied about not knowing about espionage because of their earlier activities in World War II. All of this unravels in the Final Verdict : What Really Happened in the Rosenberg Case.
Miriam Schneir:
- The case began in 1950, 60 years ago. American cities were vulnerable to nuclear attacks. In that climate the Rosenbergs were arrested. The legal charge was conspiracy to commit espionage. During the trial, they were charged with stealing the secrets of the atomic bomb.
- The principle witnesses were Ethel Rosenberg’s brother, David Greenglass and his wife Ruth.
- David was in the Army and serendipitously was sent to Los Alamos, where the atomic bomb was being constructed.
- Julius was a spy during the wartime years. Ethel did nothing, she was not a spy.
- In a report by the Atomic Energy Commission, Greenglass was ranked as the least effective atomic spies back then. There was a lot of effort on the part of the Department of Justice to convict these people.
- This case is relevant today in a larger frame work.
- We can see that the Rosenberg case is like the Dreyfus case or the Sacco and Vanzetti case.
- It’s essential that leftists of each generation should keep that history alive.
- Now it’s Islam fundamentalism. That’s not to say there was no danger.
- You see the government use the courts to advance policies.
- On a personal level, Walter and I learned from the Freedom of Information documents we recieved, on the basis of the Meeropol suit, that while we were researching an Invitation to an Inquest, the FBI had been track our activities.
- We were just two writers who were trying to research a book, they were tapping our phones, and finally they placed us as well as thousands of others on an index of people who would be detained in the event of a national emergency.
- After the book was published, an FBI memo, directed that the book should be smothered and forced out of the public eye.
Guest – Miriam Schneir, editor of Feminism in Our Time: The Essential Writings, World War II to the Present and Feminism: The Essential Historical Writings. In addition to Invitation to an Inquest, she is also the co-author of “Remember the Ladies”: Women in America, 1750–1815.
Walter Schneir, a freelance writer on law, politics, and science. He is the co-author, with his wife Miriam Schneir, of Invitation to an Inquest, long considered the definitive book on the Rosenberg case. He is also the editor of Telling it Like it was: The Chicago Riots, an early account of the 1968 Democratic Convention. He died in April 2009 soon after completing this work.
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Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Military Tribunal, Political Prisoner, Prison Industry, Supreme Court, Targeting Muslims, Torture, Truth to Power
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In the Land of the Free, a film by Vadim Jean
Director Vadim George joins us to discuss his recent documentary film “In the Land of the Free.” As many listeners may know, the Angola 3 are Robert King, Albert Woodfox and Herman Wallace. Each had arrived to the Louisiana State Penitentiary in the late 1960s. While in prison, and in contact with Black Panthers, the men helped build a prison chapter of the Black Panthers. They organized inmates to end systematic rape and violence and worked as jailhouse lawyers. The men have spent a combined century in solitary confinement in the Angola prison. Vadim’s powerful documentary explores the issues of accountability and examines the biases against the sentencing of African Americans compared to Whites and Latinos. The film is narrated by Samuel L. Jackson, and it’s noted toward the end, that there is a pending civil suit ‘Wilkerson, Wallace and Woodfox’ vs the State of Louisiana, ruled by the US Supreme Court and to go to trial based that their 30+ years in solitary confinement is “inhumane and unconstitutional”. This case could stop long-term solitary confinement in US prisons.
Vadim Jean:
- I was friends with Anita Roddick, she knew Robert King, and when she passed away in 2007, Robert King was one of the speakers at her memorial. They wouldn’t let me film in the prison.
- The Angola 3 came together in the New Orleans parrish prison in the 1970s.
- The criminals were put in with the Black Panthers and the Black Panthers educated the criminals.
- In the 1970s Angola was the bloodiest prison in America.
- Robert King was told why he was kept in solitary confinement after 25 years in CCR (solitary confinement)
- Because he was being investigated for the murder of Brent Miller, which happened when he wasn’t even in the prison. They’re incredible human beings. They’re strong men. They’re self educated, in prison.
- I think they have their side, the fact that they know they’re innocent, and that makes you strong, that’s made them incredibly strong. They refused to be beaten.
- Robert is free. His conviction was overturned in 2001. People have reacted strongly to the film.
- I’ve tended to make drama comedies. I made a completely mad film called Jiminy Glick in Lalawood with Martin Short.
- I made this film for Anita. (Anita Roddick) The Roddick Foundation.
Guest – Vadim Jean, began his career directing commercials for products such as Blockbuster Video, Woolworths, The Observer and Mercury 121 Mobile Phones. He then moved on to music videos for Elton John and Oasis before co-directing his first feature film, Leon the Pig Farmer (1992). For his work he won an Evening Standard British Film Award for Most Promising Newcomer, a Chaplin Award for Best First Feature at the Edinburgh International Film Festival.
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Law and Disorder Barack Obama Series – CCR Staff Attorney Shane Kadidal
We’re joined by Center for Constitutional Rights staff attorney Shane Kadidal to give us an overview on several critical topics we’ve been following over the years here on Law and Disorder. We look at what is happening in Guantanamo right now, the Obama policy of preventive detentions and the state of Habeas Corpus in the United States. In January of 2009 Barack Obama issued orders to close Guantanamo Bay prison. There was talk of transferring prisoners to a supermax prison in the United States. Military tribunals move forward for Guantanamo prisoners.
Shane Kadidal:
- What we won is the right to get into court and challenge the legality of your detention. CCR won that in 2008
- Obama gets into office and says he’s going to close Guantanamo Bay Prison in a year.
- Obama to set up expert agency to decide what to do with people in Guantanamo prison
- About 50 cases have gone forward and we (CCR) won 72 percent of the cases
- About 180 left in Guantanamo. Obama has improved physical conditions for detainees in Guantanamo, but they’re still stuck there. Nothing much has changed, we see stasis, there isn’t much political movement.
- About a month into the administration, the Obama Department of Justice says our position is the same as the Bush administrations on Bagram AFB prison
- We’re taking the same legal position about executive power as the previous administration – state’s secrets about rendition
- Six hundred people in Bagram right now. Bagram is an active war zone, can’t have courts interferring
- About 30 of the remaining 180 in Guantanamo will be charged. Most of the people brought there were innocent. The victim of profiling policies.
- General Stone says 400 of the 600 hundred in Bagram Prison have done nothing and should be released immediately. Task Force report on Guantanamo prisoners. 10 percent leaders of Al-Qaeda, 20 percent had a logistics role, others are low level soldiers. This is false.
- There are innocent people in Guantanamo, who have been there for 8 years.
- We still have a military commissions, an indefinite detention system. Lieberman proposing to strip citizenship from terrorism suspects so they can be interrogated without Miranda warnings.
- Moving Guantanamo Prison to Thomson Prison in Illinois.
- Obama as committed to removing checks on executive power
Guest – Shane Kadidal senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights in New York City. He is a graduate of the Yale Law School and a former law clerk to Judge Kermit Lipez of the United States Court of Appeals for the First Circuit.
Past shows with Shane Kadidal
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Surveillance, Torture, Truth to Power
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Puerto Rican Political Prisoner Released Today After 30 Years
Last week Puerto Rican community activist Carlos Alberto Torres was released from a federal prison in Pekin, Ill after serving 30 years as a political prisoner. Torres was convicted of seditious conspiracy – conspiring to use force against the lawful authority of the United States over Puerto Rico. Torres was punished for being a member of an armed clandestine organization called the FALN – Fuerzas Armadas de Liberación Nacional (English: “Armed Forces of National Liberation) which had claimed responsibility for bombings in Chicago that resulted in no deaths. He wasn’t accused of the bombings only of being a member of FALN.
In 1898 Puerto Rico was ceded to the US by Spain as war bounty in the treaty that ended the Spanish-American War. Still, the US has occupied it since. Torres was sentenced to 78 years in prison but used international law in his defense. Torres argued that the courts of the colonizing country may not criminalize captured anti-colonial combatants, but must turn them over to an impartial international tributnal to have their status adjudicated.
There was an outpouring of support to free Carlos. His attorney, National Lawyers Guild member Jan Susler of Chicago, notes, “Carlos is being released from prison due to the unflagging support of the Puerto Rican independence movement and others who work for human rights. The more than 10,000 letters of support from the U.S., Puerto Rico, Mexico and other countries sent a strong message to the Parole Commission.”
Jan Susler:
- Carlos got a disproportionate sentence, a punishment for who he was politically. He did 30 years, standing tall and maintaining his political integrity.
- People stop him on the street, and embrace him.
- The bombing in which he was accused of was only property damage. If he had killed or injured someone and convicted as a social prisoner, he would gotten a less sentence and served far less time.
- He was always treated more harshly than the other prisoners.
- Right after 9/11, the US rounded up political prisoners and put them in the hole for months.
- You’re always watched, you’re always monitored. Every prisoner has access to email, Carlos did not.
Carlos Torres:
Guest – Attorney Jan Susler joined People’s Law Office in 1982 after a six year stint as Clinical Law Professor at Prison Legal Aid, the legal clinic at Southern Illinois University’s School of Law. Her long history of work on behalf of political prisoners and prisoners’ rights includes litigation, advocacy and educational work around USP Marion and the Women’s High Security Unit at Lexington, KY. Her practice at PLO focuses on police misconduct civil rights litigation, which has lately included wrongful conviction litigation on behalf of people exonerated after serving many years in prison, innocent. Her work with the Puerto Rican Independence Movement and with progressive movements challenging U.S. foreign and domestic policies has been a constant throughout her 30 years as a lawyer.
Guest – Carlos Alberto Torres member of Puerto Rico’s independence movement and the longest-serving Puerto Rican political prisoner. He was convicted and sentenced to 78 years in a U.S. federal prison for seditious conspiracy – conspiring to use force against the lawful authority of the United States over Puerto Rico. He served 30 years, being released on July 26, 2010.
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CCR and ACLU Sue Obama Over Limits On Lawyers Seeking To Represent Suspect on Administration “Kill List”
The Center for Constutional Rights and the ACLU have filed a lawsuit challenging the Obama administration’s authority to use the military and the CIA to kill the radical Muslim cleric Anwar al-Awlaki. He’s an American citizen, accused of terrorism but hasn’t recieved a trial. He is believed to be hiding in Yemen. Because it would be against the law to challenge the government’s attempt to kill al-Awlaki, the lawsuit was filed against the Treasury department, that challenged a regulation that would require the Center and the ACLU to obtain its permission in order to provide uncompensated legal services for Mr al-Awlaki.
Vince Warren, the executive director of the Center for Constitutional Rights, argued that international law did not permit a government to kill people far from combat zones, and in the case of a US citizen, Vince said that such a policy also violates the Constitution’s Fifth Amendment — and is a dangerous precedent.
CCR Attorney Pardiss Kebriaei:
- The case that we filed last week was a challenge to a regulatory scheme under the Department of Treasury and OFAC which prohibits transactions with anyone designated as a terrorist by the government. That includes pro-bono legal services.
- Al-Awlaki is the subject of an assassination order by the president, ordering and authorizing the CIA and Special Forces to target and kill him.
- OFAC powers go back to the 1970s IEEPA, the International Emergency Economic Powers Act.
- All we have against this guy are allegations.
- The CIA, which is one of the agencies that carries out these killings has primarily used drones. We think that drones would be the primary way that this killing would be carried out.
Guest – CCR staff attorney Pardiss Kebriaei joined the Guantánamo Global Justice Initiative at the Center for Constitutional Rights (CCR) in July 2007. She provides direct representation to several of CCR’s clients at Guantánamo and helps coordinate CCR’s network of hundreds of pro bono counsel representing other prisoners. She also focuses on using international human rights mechanisms to bring international pressure to bear on the U.S. government and hold other governments accountable for their role in the violations at Guantánamo.
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CCR Attorney Legal Observer Arrested in Arizona Immigration Protests
Legal observers from the National Lawyers Guild and the Center for Constitutional Rights were arrested last week during mass demonstrations of protesters who opposed Federal law 287G, Arizona law SB 1070. What happened? CCR Legal Director Bill Quigley told the media, Arizona is starting to act like Mississippi in the civil rights days. Among those arrested were National Lawyers Guild officer Roxana Orrell and CCR staff attorney Sunita Patel.
Sunita Patel:
- It was my first time in Maricopa County. Sheriff Joe Arpaio is known for branding the most horrible incarnation of 287G and ICE police collaboration.
- 287G is the statute by which this program is authorized by Congress. He also has what’s called a secure communities program which allows for the identification of anyone who is a non-citizen through a finger printing system. 287G allows for local agencies to implement immigration law through a memorandum of understanding with the federal government.
- At the same time he implements what’s called “crime suppression sweeps” Where he takes his units and regular citizens to sweep through neighborhoods.
- I spent the night in jail, I hadn’t planned on it. It was really an honor to be in solidarity with the rest of the protesters. I was charged with obstruction of a highway and public thoroughfare and failure to obey a police officer. People in Arizona call it a war zone when it comes to immigration enforcement.
- Arizona has also become the site for a spark of incredible activism and the growth of an incredible human rights movement.
Guest – CCR Staff Attorney Sunita Patel with racial profiling, immigrant rights and other human rights litigation. Prior to her position at CCR, she held a Soros Justice Fellowship at The Legal Aid Society, Immigration Law Unit in New York where she represented immigrant detainees in removal proceedings and worked with criminal justice and human rights groups to create independent community oversight for detention operations through public accountability boards. Sunita is a former law clerk for the Honorable Judge Ivan L. R. Lemelle in the Eastern District of Louisiana.
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