Civil Liberties, Habeas Corpus, Human Rights, Prison Industry, Surveillance, Torture, War Resister
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Russia, the United States and NATO Summit Trip Debrief
Noam Chomsky has recently written with alarm about the two threats facing humanity – climate change and nuclear war. The likelihood of a nuclear war has increased he wrote because of NATO military buildup and expansion east to the Russian border thus breaking a promise the U S made to Russia when East and West Germany were unified. Moreover under Secretary of State Hillary Clinton the U S spent 5 billion dollars in successfully overthrowing the democratically elected government of the Ukraine, a country bordering Russia on its south western frontier. The Center for Citizen Initiatives
Guest – Ann Wright, has just returned from Russia. Wright was in the US army for 25 years and then in the diplomatic corp. Ann Wright grew up in Bentonville, Arkansas, and attended the University of Arkansas, where she received a master’s and a law degree. She also has a master’s degree in national security affairs from the U.S. Naval War College. After college, she spent thirteen years in the U.S. Army and sixteen additional years in the Army Reserves, retiring as a Colonel. She is airborne-qualified.
In 1987, Col.Wright joined the Foreign Service and served as U.S. Deputy Ambassador in Sierra Leone, Micronesia, Afghanistan, and Mongolia. She received the State Department’s Award for Heroism for her actions during the evacuation of 2,500 people from the civil war in Sierra Leone, at the time the largest evacuation since Saigon. She was on the first State Department team to go to Afghanistan and helped reopen the Embassy there in December 2001. Her other overseas assignments include Somalia, Kyrgyzstan, Grenada, Micronesia, and Nicaragua. On March 19, 2003, the eve of the U.S. invasion of Iraq, Ann Wright cabled a letter of resignation to Secretary of State Colin Powell, stating that without the authorization of the UN Security Council, the invasion and occupation of a Muslim, Arab, oil-rich country would be a violation of international law. Voices of Conscience.
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The Chilcot Report
Great Britain has just released the Chilcot report. It exposes the role of British Prime Minister Tony Blair in taking his country into the war against Iraq, joining the US in illegally overthrowing Saddam Hussein and beginning a war that has been ongoing since 2004, destroying that country and destabilizing the Middle East leading to wars. In Libya, Syria and Yemen. The Chilcot Report reinforces the observation of Robert Breedlove, the head of MI 5, the British CIA, after a visit to the USA, before the war began, that the USA was dishonesty manufacturing “intelligence ” and that Saddam Hussein had no weapons of mass destruction and was of no danger.
Guest – Professor Robin Andersen, teaches communications at Fordham University in New York and writes for Fairness and Accuracy In Media, FAIR, the media watchdog group.
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Roger Wareham: Systemic Police Violence Against Black Communities
New York’s attorney general Eric Schneiderman is investigating an off-duty NYPD officer’s fatal shooting of 37-year old Delrawn Small in Brooklyn, after he and his girlfriend and 3 children celebrated the Fourth of July holiday. Shortly after midnight Small and an undercover officer, driving his personal vehicle, were involved in a traffic dispute.The officer shot three times with his service weapon, killing Small. Authorities justified the attack by claiming Small had punched Isaacs in the face. But surveillance footage later released showed that the police had lied about the incident and show that Small was shot within one second after approaching Isaac’s unmarked car.
Zaquanna Albert, Small’s girlfriend, witnessed the attack from the car, along with their 4-month-old child. On Monday, the NYPD announced that it had stripped Isaacs of his gun. He has been placed on modified duty and will, for now, be restricted to desk work.
Guest – Attorney Roger Wareham who is representing Delrawn Small. A longtime human rights attorney, Roger has represented many Black political prisoners in federal lawsuits across the country, and was co-counsel in representing three of the young men wrongfully convicted in the Central Park Jogger case.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Habeas Corpus, Human Rights, Military Tribunal, Political Prisoner, Surveillance, Targeting Muslims, Torture, Truth to Power
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Updates:
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Central Park Five Civil Suit
On April 19, 1989 a group of five black and Latino teenagers were arrested and convicted for the brutal rape of a white female jogger in Central Park, New York City. It was one of the highest profile criminal cases in the city. A New York court overturned the convictions of the five teenagers after a serial rapist confessed to the crimes. By this time of this confession, the five defendants had already served sentences of 7and 13 years. Now, the city of New York is refusing to settle a $250 million decade-long federal civil rights suit brought by the defendants. Attorney Roger Wareham talks more about the case and the Ken Burns documentary on the Central Park Five that could provide footage for the federal civil lawsuit.
Attorney Roger Wareham:
- I’m part of a team of lawyers among five firms that represent the five defendants.
- She almost died. She lost 75 percent of the blood in her body that night.
- The police at some point arrested 30 youths who had allegedly been in the park earlier that night. Some of them were charged with attacking people jogging in the park.
- Most of them had been released, these five were in custody.
- Maybe four or five hours after they were arrested the police received word of this woman who was near death.
- So they held these five children for questioning which basically became and interrogation, which basically became a coerced false confession where each one of them implicated the other ones in the rape and attack of this woman.
- Even though none of them knew each other or what actually happened because they didn’t do it, they just wanted to go home.
- By the time the parents became part of the process, the false statements had already been elicited.
- Especially when a black man is a accused of touching, raping a white woman, logic, justice, objectivity, evidence goes out the window and there’s a presumption of guilt.
- They went to trial and were convicted even though there was no forensic evidence.
- Once they were released from prison they had to register as sexual predators.
- Thirteen years after their conviction, the person who actually committed the crime came forward and admitted he’d done it.
- He was arrested after a failed attempt at a rape. There was an m.o. that he employed with the rapes that he conducted.
- I’m part of a political organization called the December 12 Movement.
- Manhattan’s District Attorney’s office had done a very thorough investigation and this is the same office that had prosecuted them.
- They put forth a really damning affirmation in support of our motion basically admitting they had prosecuted the wrong people, errors had been made. It was clear that the one and only perpetrator was Mateas Raes and they were not going to retry the case.
- Their convictions were overturned 10 years ago, in December 2002.
- Why hasn’t it been settled? You look to Police Commissioner Kelly who endorsed the report.
- Subpoenaing the outtakes is a reflection of their desperation. See, they know the truth. They’re floundering around looking for different straws to grab at.
- Contact the December 12th Movement directly at 718-398-1766.
Guest – Attorney Roger Wareham is a lawyer and political activist of over four decades. He is a member of the December 12th Movement, an organization of African people which organizes in the Black and Latino community around human rights violations, particularly police terror. Wareham is also the International Secretary-General of the International Association Against Torture (AICT), a non-governmental organization that has consultative status before the United Nations.
Since 1989, he has annually presented evidence of human rights violations facing people of color in the United States and other parts of the world at assemblies of the United Nations’ Human Rights Council (formerly the Commission on Human Rights) and its other bodies that meet in Geneva, Switzerland. His work was instrumental in having Mr. Maurice Glele, the U.N. Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance; conduct the first U.N. investigation of the United States in history. Roger Wareham was an active organizer of and participant in the United Nations’ World Conference against Racism held from August 30 – September 7, 2001 in Durban, South Africa.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Torture
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Remembering the Life and Influence of Aaron Swartz
Last week, computer activist and programmer Aaron Swartz allegedly took his own life. Swartz as many listeners may know helped develop RSS, essentially revolutionizing how people use the internet and was the key architect of Creative Commons. He believed information should be free and used his tech-saviness to promote his views. Many blame his unnecessary death on the stress of being the target of federal prosecutors who went after him for covertly downloading millions of public domain academic journals on the MIT campus using a non-profit university research portal. It’s unclear if Swartz broke any laws, MIT provided free access to anybody on campus including visitors without campus affiliation. Swartz has had run ins with the law before in connection with hacktivist activity and would’ve faced a 35 year sentence. Petition to remove US District Attorney Carmen Ortiz from office.
Karl Fogel:
- He’s portrayed as a technical whiz kid, a genius who knew how the internet worked.
- He was a very precocious and very technically adept person who started doing significant work on internet standards and access to information and moving information around communication networks at the age of 13.
- They didn’t know he was 13 until they held an in person conference.
- No one knew he was a kid, he was so widely read and very able to express himself.
- He was a very good organizer of people who were themselves.
- Aaron helped develop this standard. RSS – Really Simple Syndication Format is a means of having a website notify people via an efficient and timely information push mechanism.
- Stop Online Piracy Act, a clampdown on websites that provide access to information in ways that terms of service or restrictive laws in Aaron’s opinion don’t permit.
- Creative Commons is another organization that promotes much loser and more permissive copyright regulations and gives authors and creators of content tools like more liberal licenses to release their content under.
- All of these things he did have one thing in common, giving people access to knowledge.
- Information that is often artificially restricted.
- The wires of the internet are perfectly willing to carry any piece of information. When they don’t its because a human has decided we’re going to block access.
- He’s talking about access to scholarly articles that were funded by tax payer dollars.
- You can think of Reddit as a kind of early facebook in that it gave people an online surface to share conversations on the internet.
- Demand Progress that Aaron helped start that organized a massive protest around SOPA, the Stop Online Piracy Act.
- He was intensely collaborative. He was often an engine of what was moving.
- Questioncopyright.org is founded to change the way the debate of copyright law and copyright practices happen.
- If you talk to people about copyright, they say artists have to make living. People shouldn’t steal stuff.
- It’s not about attribution. It was instituted initially as a regulation to help support the publishing industry and was lobbied for by the publishing industry 300 years ago.
- Aaron understood that and understood that poor frames of debate was causing us to have increasing restrictive laws in an age where we have this gigantic worldwide copy machine.
- CFAA, two parties sharing information with each other, it criminalizes that.
- He was always referred to as a hacker, meaning someone who breaks in and does damage to computers. That’s inaccurate. What these laws say is someone knowingly uses a computer network to use someone else’s server in a way that that person didn’t intend. In other words if you violate terms of service. Everyone clicks through.
- Making criminalized and punishable by jail is ridiculous.
- He was opposed to artificial scarcity. It bothered his sense of justice that we were behaving as if there was a scarcity. It was always portrayed as young hacker steals computer files from MIT.
- What the facts of the case are, he wanted to download a lot of articles from JSTORE. These are articles were available for free. However they put a limit on how many you can download from a given address and time.
- He found a tactical way to work around it by getting into a network closet and using a computer that changes its network address. Yes, he engaged in very mild, non-malicious subterfuge.
- Alex Stamos article: The Truth About Aaron Swartz’s Crime
- He was doing research on the effects of funding on academic research. He wanted to do it in a big data approach.
- He needed these millions of articles in order to write programs to parse them and look for conclusions and funders to do a gigantic database.
- It makes me angry that they (prosecutors) knew what they were doing, they knew what Aaron’s intentions were.
- Their careers should be over. I know that’s cruel to say, but they should go no further.
- I wrote that there might have been something illegal about it but its a bad law.
- Acting for Aaron and Open Access – Adi Kamdar
Guest – Karl Fogel co-founded Cyclic Software in 1995, a company offering commercial CVS support. In 1999 he added support for CVS anonymous read-only repository access, inaugurating a new standard for access to development sources in open source projects. That same year, he wrote Open Source Development with CVS (published by Coriolis), now in its third edition via Paraglyph Press. He has also written Producing Open Source Software, from O’Reilly Media. From 2000-2006, he worked for CollabNet, Inc., managing the creation and development of Subversion, a open source version control system meant to replace CVS as the de facto standard among open source projects. After a brief stint at Google in 2006 as an Open Source Program Specialist, he left to become editor of QuestionCopyright.org. He also participates in various open source projects as a module maintainer, patch contributor, and documentation writer.
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Speech by Former Attorney General of the United States Ramsey Clark
We hear speech delivered by Ramsey Clark at Riverside Church in Harlem celebrating his 85th birthday. Ramsey Clark is a former Attorney General of the United States, under President Lyndon B. Johnson. The first Attorney General at the Justice Department to call for the elimination of the death penalty and all electronic surveillance.
During his years at the Justice Department:
After he left the Johnson administration, he became a vociferous critic of the Vietnam War and continued on a radical path, defending the underdog, defending the rights of people worldwide, from Palestinians to Iraqis, to anyone who found themselves at the repressive end of government action.
Past Law and Disorder Interviews with former US Attorney Ramsey Clark:
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CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Iraq War, Military Tribunal, Prison Industry, Supreme Court, Torture
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Updates:
- Michael Ratner: Update on Julian Assange
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Attorney Martin Garbus and the Cuban Five
Earlier this summer we talked with renowned First Amendment and civil rights attorney Martin Garbus about joining the Cuban Five’s legal defense team. He recently filed an affidavit in the Miami Federal District Court based on US government misconduct of paying Miami journalists during the Cuban Five’s prosecution 14 years ago. As many listeners may know, these paid reporters covered the Cuban Five case in an almost hysterical fashion. The affidavit supports Cuban Five defendant Gerardo Hernández’ habeas corpus appeal and seeks the overturning of his wrongful conviction.
Attorney Martin Garbus:
- We’re saying that every person involved in the payments, the government, Radio Marti, the persons who received the payments. The journalists also violated the law.
- I think it is jury tampering. We’re saying that every dollar that was paid is a violation of the integrity of a jury trial. There were many millions of dollars.
- We’re saying that the jury trial was destroyed by a propaganda machine.
- The government then says, well you have to prove that. There are several different allegations.
- There is Radio Marti. In 1996, just about the time of the shoot down Radio Marti moves from Washington to Miami.
- It’s the only Voice of America station if you will that doesn’t operate out of Washington.
- It shows that the government was willing to give the Cuban exiles control over Radio Marti.
- In 1996, its recognized that Radio Marti is totally internal to effect the Cuban exile population in Miami.
- They then go to the newspapers, the Miami Herald, the Nuevo Herald and they (Radio Marti) start to give those journalists money.
- We filed an 80 page affidavit with hundreds of pages of exhibits.
- We’ve gone through relentlessly of payments made by Radio Marti by the government to journalists. We’ve come up with 11 journalists who have received close to a million dollars.
- The articles that they wrote should be read fairly carefully.
- They make the argument that the people who are being tried in the case were the early landing force for a Cuban invasion.
- American money is being given to writers who are then attacking America which has prosecuted people who have killed Americans. We’re trying to vacate the conviction.
Guest – Attorney Martin Garbus, one of the country’s leading trial lawyers. He has appeared before the United States Supreme Court and the highest state and federal courts in the nation. Time Magazine has named him “legendary . . . one of the best trial lawyers in the country.” He’s also known as the most prominent First Amendment lawyer.
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Washington DC Court Ruling on CO2
In April 2007, the US Supreme Court handed down its first decision related to climate change issues. The case was Massachusetts v. EPA and the high Court held that the Clean Air Act authorized the Environmental Protection Agency to regulate greenhouse gas emissions IF the agency determined that these emissions posed a danger to human health and welfare. The EPA did in fact make such an “endangerment” finding, and then proceeded to begin the process of adopting regulations to limit greenhouse gas emissions.
The initial lawsuit was brought by the Coalition for Responsible Regulation, which includes a range of petroleum-based industries, and supported by several states, including Texas, Alabama, Georgia, Nebraska, North Dakota, South Carolina, and Virginia. The EPA, on the other hand, was joined by California, New York, Delaware, Iowa, Maryland, Illinois, Maine, Massachusetts, New Mexico, Oregon, Vermont, Rhode Island, Washington and New York City. These three rules were challenged on various grounds – in the end the Court upheld the EPA’s action and resoundingly affirmed the agency’s authority and obligation to regulate greenhouse gas emissions.
Law Professor Eleanor Stein:
- Rolling Stone: The New Math of Green House Gas and Warming.
- Greenhouse gases are chemical substances, usually referred to a basket of six which contribute to the warming of the Earth because as they accumulate in the atmosphere they prevent the refraction of the Sun’s energy away from the Earth and back into space.
- Of these six substances the one often discussed is carbon dioxide which is the most plentiful, methane is among the most potent. Recent court case – The Coalition For Responsible Regulation Against the EPA – it was decided in the D.C. circuit a month ago.
- The Massachusetts case at the Supreme Court was about specifically regulation of emissions from new motor vehicles.
- Once the court ordered the EPA to do its endangerment investigation, it did so and made an endangerment finding in 2009. It found that greenhouse gas emissions were a danger to human health and welfare.
- The EPA was then required to regulate emissions of new motor vehicles. They did that adopting a set of rules known as the Tailpipe Rules.
- The EPA went on to adopt a set of rules for stationary sources ie, coal powerplants, those rules are known as the Timing and Tailoring Rules.
- Endangerment Finding / Tailpipe Rule / Timing and Tailoring Rule
- The current ruling of the D.C. court upholding the three rules – is a tremendous affirmation of current climate science, its a rejection of a lot of climate denial and other industry.
- The most extensive discussion is their analysis of the Endangerment Finding, which is the EPA’s analysis of the climate science.
- The Tailpipe Rule went into effect January 1, 2011. This will make a contribution to reducing emissions.
Guest – Law professor Eleanor Stein teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental and Atmospheric Sciences Department at SUNY.
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Pan African Solidarity Hague Committee Serves The ICC
In June of this year, the Pan-African Solidarity Hague Committee delivered a petition to the International Criminal Court at the Hague, Netherlands demanding they prosecute the United States, Great Britain, France, Italy, Canada, and NATO for war crimes and crimes against humanity in Libya, Cote d’lvoire, Haiti and the US. This campaign began in May of last year when thousands gathered to protest the US/NATO bombing of Libya, attacks on Zimbabwe and the racist assault against African-Americans in the United States. The evidence presented made a prima facie case of crimes committed and was the basis of the petition served this year.
Attorney Roger Wareham:
- The United States was very involved in the process of setting up the ICC.
- There are approximately 116 countries that have signed on at this point. Which means there are about one third of the countries in world who have not signed on.
- After 10 years the court came forward with its first conviction. It was a citizen of the Democratic Republic of Congo convicted of crimes against humanity.
- It’s record has been really a court to prosecute Africans.
- Of the cases that are in front of it now, all of them are Africans.
- It’s as if people who’ve violated human rights don’t exist outside the African continent.
- As one observer had said this is really an African criminal court and not an international criminal court.
- With the international criminal court, non governmental organizations can bring charges, bring communications saying we think there’s enough evidence to begin an investigation and prosecute.
- The ICC had taken out a warrant against Khaddafi saying he was a human rights violator, committed crimes against humanity, war crimes.
- In May 2011 when it was clear they were trying to effect regime change and assassinate Colonel Khadaffi we began a campaign to expose that. We saw the same pattern in terms of what happened to President Aristides in 2004.
- After the August 2011 rally we had the people’s tribunal in January 2012.
- In June 2012 we hand delivered the petition to the ICC. We asked to speak to the chief prosecutor. She declined to meet with us for some reason.
- They don’t want to deal with prosecuting anybody from the West.
- A communication was brought to the ICC for the war crimes from Operation Cast Lead. Two years later the ICC declined the petition. I think their technicality was Gaza wasn’t a state.
- There is a campaign by the West to re-colonize the African continent for its resources, to remove those heads of state that are obstacles Western re-penetration.
Guest – Attorney Roger Wareham, a member of the December 12th Movement, an organization of African people which organizes in the Black and Latino community around human rights violations, particularly police terror. Wareham is also the International Secretary-General of the International Association Against Torture (AICT), a non-governmental organization that has consultative status before the United Nations.
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Civil Liberties, Criminalizing Dissent, Gaza, Guantanamo, Habeas Corpus, Human Rights, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Ten Year Anniversary of Guantanamo Bay Prison
Co-host Michael Ratner and president emeritus of the Center for Constitutional Rights gives listeners an overview of the habeas corpus legal battles to close Guantanamo Bay prison and an in depth look at the corrosive effect the offshore prison has had on civil rights, and the U.S. Constitution. Despite the fact that the U.S. government has itself cleared more than half of these men for release, and despite President Obama’s promise on his second day in office to close Guantánamo within a year, it has been almost twelve months since anyone has been released.
This is the longest period of time that has elapsed since the prison’s opening without a single person being set free.The Obama administration has also extended some of the worst aspects of the Guantánamo system by continuing indefinite detentions without charge or trial, employing illegitimate military commissions to try some suspects, and blocking accountability for torture.
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International People’s Tribunal on “War Crimes and Other Violations of International Law
International People’s Tribunal on “War Crimes and Other Violations of International Law” to be held on January 14, 2012 at 12 pm at Columbia Law School. The event will provide an excellent opportunity for students interested in gaining an understanding the theory and the practical application of international law in the real world.
Attorney Roger Wareham:
- The genesis of the tribunal began during the intervention in Libya.
- Back in May the December 12th movement always has a celebration of Malcolm X’s birthday, May 19.
- This is part an ongoing campaign to re-colonize the African continent.
- Libya was important to that for a number reasons. Libya has some of the best crude oil in the world that requires the least amount of production in terms of transforming it into gasoline.
- Col. Gaddafi stood for the proposition that there would be a United States of Africa.
- Libya had the highest standard of living on the African continent.
- What we hope to come out of this is fashion a petition to take before the International Criminal Court.
- The plan is we’ll going to take at least a 400 people strong delegation to the Hague in June to present a petition to the prosecutor, requesting they prosecute the heads of NATO, Britain, Canada, Italy, for war crimes.
- Saturday January 14, 2012 / Columbia University Law School / 435 West 116th Street / 718-398-1766 / iptribunal2012@gmail.com
Guest – Roger Wareham, lawyer and political activist of over four decades. He is a member of the December 12th Movement, an organization of African people which organizes in the Black and Latino community around human rights violations, particularly police terror. Wareham is also the International Secretary-General of the International Association Against Torture (AICT), a non-governmental organization that has consultative status before the United Nations.
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Cornell and The Technion of Israel To Build Campus On Governor’s Island
As many listeners may know, Cornell University is joining with Technion-Israel Institute of Technology in a plan to build a campus in New York City. Critics however, point out Technion’s involvement with the Israeli Defense Force in the development of repressive technology that would further perpetuate crimes against Palestinians. Through cooperative research with Israeli defense companies such as Elbit, Rafael, McGill and Concordia, Technion is involved in asymmetrical robotic warfare with faceless human targets who can be killed by remote control.
To talk more about this, we’re joined today by David Klein, a professor at California State University in Northridge and a member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel.
Professor David Klein:
- It is a collaboration between Cornell University and Technion which is like Israel’s MIT.
- There’s a 350 million dollar grant from a philanthropist, which has been supplemented with 100 million dollars in public money.
- I’m a member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel.
- The demands that we have are ending the occupation and colonization all Arab lands and dismantling the apartheid wall.
- Recognizing the fundamental rights of Arab / Palestinian citizens of Israel to full equality.
- Respecting and promoting the rights of Palestinian refugees to return to their homes and property as stipulated in UN resolution 194.
- Technion is deeply complicit with Israel’s military and provides the military with technology to carry out ethnic cleansing of Palestinians.
- Participants in a joint military and university program for science students, who will later be integrated into the Army’s research and development units, wear uniforms throughout their years of study.
- It’s particularly strong in developing robotic weapons systems, which include aerial drones, and unmanned combat vehicle technology.
- I think Bloomberg is supportive of the apartheid system in Israel. He wouldn’t view this as a problem like much of the rest of the world does.
- The crime of apartheid is an international crime against humanity.
- In addition to aerial drones, Technion makes the Black D9 Bulldozer, it makes the Stealth UVA Drone, which is a drone that can fly almost 3000km without refueling.
- It’s making something called the Dragonfly UVA mini-drone, which is a tiny drone with a 9 inch wingspan. It can fly into people’s bedroom windows and kill em.
- Technion is involved in asymmetrical robotic warfare with faceless human targets who can be killed by remote control.
- Israel is arguably the most racist country at this time, due to the apartheid system that it has.
Guest – David Klein, member of the Organizing Committee of the U.S. Campaign for the Academic and Cultural Boycott of Israel (www.usacbi.org), and is a professor of mathematics at California State University, Northridge (CSUN). He received his Ph.D. in Applied Mathematics from Cornell University. His professional interests include mathematical physics, climate science, and mathematics education in the public schools. He is the faculty advisor for the campus student groups, Students for Justice in Palestine and the CSUN Green Party. David Klein’s website
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CCR Lawsuit: Stop and Frisk NYC
Last year, a federal judge rejected a move by the City of New York to stop a lawsuit filed by the Center for Constitutional Rights challenging the New York City Police Department’s Stop and Frisk policy. Judge Shir Scheindlin pointed out the seriousness of numerous claims that the NYPD disproportionately and illegally targeting communities of color. In 2009 New York City, a record 576,394 people were stopped, 84 percent of whom were Black and Latino residents — although they comprise only about 26 percent and 27 percent of New York City’s total population respectively. The year 2009 was not an anomaly. Ten years of raw data obtained by court order from the New York City Police Department (NYPD) show that stop-and-frisks result in a minimal yield of weapons and contraband.
Attorney Darius Charney:
- Stop and Frisk is a city wide epidemic. We’ve gone from 90 thousand in 2002 to 700 thousand this year. They’re stopping 2000 people a day, primarily young males of color but also females of color.
- There are really know criteria as far as we can tell. There are guidelines that have been laid out by the courts in the last forty years. The police don’t follow those guidelines. They’re suppose to reasonable suspicion of criminal activity.
- They’re stopping people for what’s called “furtive movements” whatever that means.
- The other one is “high crime neighborhood.” The court had ruled that this is unconstitional, you can’t use the basis of a high crime neighborhood to stop and search them.
- Yet again, the police are doing that hundreds of thousands of times a year.
- The two allegations we made is that the NYPD has a widespread policy and practice of stopping and frisking New Yorkers without reasonable suspicion which violates the fourth Amendment of the Constitution and then on the basis of race which violates the Equal Protection clause of the 14th Amendment of the Constitution.
- The blacker or browner that neighborhood is, the more stops that are going to be done in that neighborhood.
- The other part is the weapon recovery rate, the police department justifies this program by saying, we’re trying to get guns off the street.
- Last year in 2010, they stopped over 600 thousand people. The number of guns recovered in those 600 thousand stops was 1200 guns.
- Relief sought in class action suit: Outside independent oversight of the police department.
Guest – Darius Charney, senior staff attorney in the Racial Justice/Government Misconduct Docket. He is currently lead counsel on Floyd v. City of New York, a federal civil rights class action lawsuit challenging the New York Police Department’s unconstitutional and racially discriminatory stop-and-frisk practices, and Vulcan Society Inc. v. the City of New York, a Title VII class action lawsuit on behalf of African-American applicants to the New York City Fire Department which challenges the racially discriminatory hiring practices of the FDNY.
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