Law and Disorder November 4, 2013

Updates:

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Pan African Solidarity Hague Campaign to Delegitimize the ICC

In the month June last 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 2011 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. 16 months after delivering the petition and sending follow up letters, the Pan African Solidarity Hague Committee haven’t received a response.  The organization is now reaching out to National Lawyers Guild members and law students to help expose the International Criminal Court.

Attorney Roger Wareham:

  • The International Criminal Court was established in 2001-2002, supposedly to replace the different ad-hoc international tribunals that had been set up to deal with war crimes and crimes against humanity.
  • It’s supposed to be even handed, no double standard – everyone is held to the same level of accountability.
  • The membership, you have to sign on to be a part of it. The United States was closely involved in the process of setting up the ICC.
  • The U.S. insisted that it would not be subject to prosecution by the ICC, although under the Security Council of the United Nations could recommend cases for the ICC.
  • Given the plethora of human rights violations and war crimes that have been committed around the world, the only people that the ICC is presently prosecuting are Africans.
  • The only prosecutions have been of Africans.
  • Our involvement in taking it to the ICC was in particular to expose its nature that its really not an international tribunal that would look at the question of war crimes across the board and that its really another instrument in the West’s arsenal of the exploitation of Africa.
  • Ostensibly, dealing with human rights violations, the ICC has zeroed in on Africa.
  • There’s been a response and rebellion among several of the African countries around this clear bias.
  • Three of the five permanent members are not on the ICC, Russia, United States and China.
  • I think what we want to do is we want a single standard or no ICC.
  • Email: [email protected]
  • www.PASHC2012.blogspot.com

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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Lawyers You’ll Like – Attorney Mel Wulf

We’re joined today by Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years. As part of our Lawyers You’ll Like series, we talk with Wulf about his work with the ACLU during the early 60s, and also about the forming of the Lawyers Constitutional Defense Committee.

Attorney Mel Wulf:

  • Phil Agee was a dissident CIA agent who spent decades working against the CIA, published a couple of books.
  • He lost his passport because when the dissidents took over the embassy in Tehran in 1979, the New York Post carried a story accusing Phil of helping the students who’d invaded the embassy to put together all of that written material that had been shredded.
  • It was another New York Post bald faced lie.
  • The State Department, based upon that story revoked his passport.
  • I had represented Phil Agee, I was his principle lawyer for 30 years.
  • Agee was very widely disliked in Washington because he was well known to be a CIA dissident who disclosed the names of many CIA agents.
  • If Snowden went the same route today, he would do even worse in this Supreme Court than I did. That’s why Snowden won’t get his passport, thanks to me.
  • I was for the workers and not for the bosses and I’ve always been for the workers and not for the bosses, which I think is the distinguishing political factor in our world. Which side are you on?
  • I got my Bachelors Degree in ’52 and I had a Navy Commission which I had gotten from the New York State Maritime Academy earlier on.
  • The draft board sent me a 1A notice, I applied to Columbia and when I finished Columbia they sent me another 1A notice because the draft was still on. I spent 2 years in the Navy as a Liuetenant Junior Grade Officer in Southern California.
  • I went to work at the ACLU in 1958 as the assistant legal director, in 1962 I was given the job of the legal director of the ACLU.
  • I had actually been going down to Mississippi from 1961 to 1962, working with then one of the two black lawyers who were practicing in Mississippi.
  • We tried a couple of capitol cases in Mississippi. I continued to argue the systematic exclusion of blacks from the jury.
  • I finally got a case up to the Supreme Court on that issue.
  • Lawyers Constitutional Defense Committee: We had several hundred lawyers who went down to Mississippi for periods of a week or two. They were representing people being arrested during the Mississippi summer.
  • Most of the judges allowed these lawyers to make some sort of presentation.

Guest – Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years.

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Law and Disorder October 28, 2013

Updates:

  • Wikileaks Film titled The Fifth Estate Is A Propaganda Piece Against the Disclosures of Wikileaks
  • Wikileaks Film titled MediaStan Is Produced By Julian Assange

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50th Anniversary of the Kennedy Assassination – Zachary Sklar, Screenwriter of the Film: JFK

November 22, 2013 will mark the 50th anniversary of the assassination of President John F. Kennedy. More than 600 books have been written on this national tragedy and yet the implausible explanations the Warren Commission report put forward remain as the official story. We’re joined today by Zachary Sklar to discuss some of those challenges and his work investigating those involved in the planning and covering up of assassinations.

Zach Sklar:

  • The Warren Commission was a creature appointed by Lyndon Johnson.
  • He persuaded Earl Warren to head this commission against his wishes. He was Chief Justice of the Supreme Court at the time.
  • To bolster him on the commission, the one who did most of the work and guided the findings was Alan Dulles, former CIA directory. A man who’d been fired by John Kennedy after the Bay of Pigs invasion.
  • The other one who was on it was Gerald Ford of course.
  • So, there was a dissenting group of southern Congress people who really didn’t have much power. Ultimately, the power was with Alan Dulles.
  • The CIA had overthrown Mossadegh in Iran, Arbenz in Guatemala, not only overthrowing governments but assassinating leaders.
  • The commission report – that conclusion was decided upon and then they had to come up with some reasons to support it.
  • The reasons were designed by Arlen Specter. He was a staff lawyer at the time and later a Senator from Pennsylvania. He came up with the Magic Bullet Theory.
  • Because the Zapruder film came out with the time frame of 5.62 seconds and there were 3 bullets during that time frame, all the wounds in John Kennedy and John Connelly.
  • Lee Oswald was given a paraffin test the day of his arrest. It was negative. It had proven he’d not fired a rifle that day.
  • According to the Marines, Oswald was a mediocre marksman at best.
  • The rifle that he was supposed to have used. . . if you ask any rifle dealer what the worst rifle, the least accurate rifle you could ever come up with they would tell you its the Mannlicher-Carcano. It’s called the humanitarian rifle by the Italians.
  • All this should’ve been put to rest in 1979 when the House Select Committee on Assassinations investigated and came up with acoustical evidence from a police dictabelt recording and found that there was a 4th shot.
  • If there was a 4th shot, there had to have been a second shooter. If there was a second shooter, there had to have been a conspiracy.
  • Kennedy was well aware that the anti-Communist ideology of the cold warriors was fundamentally flawed. The whole domino theory is fundamentally flawed.
  • After he was killed, very quickly, his (Kennedy’s) policies were reversed by Lyndon Johnson.
  • The fact is that 4 days after he was killed Lyndon Johnson issued National Security Action Memorandum 273 which reversed Kennedy’s order and actually ok’s US military operations in Vietnam.
  • On the very day he was assassinated Kennedy had sent a liaison to Cuba, to negotiate with Fidel Castro.
  • At the top of the list are the leaders of the CIA.
  • You have to understand that the Cold War had gone on for a long time, and people made careers, peoples’ livelihoods depended on the Cold War continuing. Big defense contracts depended on it.
  • A lot of people had the motivation to kill Kennedy.

Guest – Zachary Sklar, Oscar-nominated co-screenwriter of Oliver Stone’s film JFK, and author of the book JFK: The Book of the Film. He’s a journalist, and a professor at the Columbia School of Journalism. He was also a contributor to The Lies of Our Times, a monthly journal dedicated to exposing the truth behind the mainstream media. Zach collaborated with director Oliver Stone on the screenplay of the movie “JFK” and was editor of Jim Garrison’s book “On the Trail of the Assassins.”

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Lawyers You’ll Like: Attorney Bill Schapp

Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since.  Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

Attorney William Schapp:

  • One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
  • It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
  • I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
  • She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
  • I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
  • When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
  • Once you learn that, you learn about the CIA.
  • That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
  • The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
  • We were so successful that Congress passed a law against us.
  • Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
  • They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
  • We thought if we identified these people, it might make their job a little bit harder, which it did.
  • Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
  • He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
  • He was not the person discovering who the under cover people were, Lou Wolf was doing that.
  • Phil wrote articles for us in every issue and we worked very closely with him.
  • Once you start exposing these things, they really don’t have any defense.
  • They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
  • We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
  • They would plant bugs in our attic in Okinawa, things like that.
  • The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
  • Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
  • We were just tired of people thinking that if it was in the New York Times it must be true.
  • The fact is that those people lie all the time.
  • I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.

Guest – Attorney William Schapp graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since.  Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of  media and intelligence.

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Law and Disorder August 19, 2013

Updates:

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Lynne Stewart: Compassionate Release Decision

Last week Federal District Court Judge Koetl in New York stated he couldn’t consider Lynne Stewart’s request for compassionate release because by law the request needs to come from the Federal Bureau of Prisons. Judge Koetl also pointed out that the Bureau of Prisons didn’t properly consider Lynne’s medical evidence by saying her condition was improving. Meanwhile, Lynne’s doctors have given her a prognosis of 24 to 18 months to live.

Attorney Jill Shellow Levine:

  • One of the things his opinion makes clear (Judge Koetl) is that the Bureau of Prisons under the statute makes a motion, he will swiftly and compassionately view the motion.
  • Our application would have required him to think outside the box. I think he’s reluctant to do that at least now.
  • You can continue your letter writing campaign to the director of the Bureau of Prisons in Washington DC. You can contact your Congress people both on the Senate side and the House side and urge them to get involved and to make known to the director that this is important to them.
  • Those are probably the things that count the most.
  • Please call to push for Lynne’s release from prison.
  • U.S. Bureau of Prisons Director Charles E. Samuels – 202-307-3198  Ext. 3
  • U.S. Attorney General Eric Holder – 202-514-2001
  • President Barack Obama – 202-456-1111
  • Please Write to: Charles E Samuels Jr. / Federal Bureau of Prisons / 320 1st Street Northwest / Washington DC 20534

Guest – Attorney Jill Shellow-Levine, Lynne’s attorney and National Lawyers Guild member.
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One Nation Under Surveillance Campaign: Partnership For Civil Justice Fund

In the wake of leaks about the National Security Agency’s massive surveillance program, many ask what legal steps to stem the pervasive breach of civil liberties. We’ll talk with attorney Carl Messineo from the Partnership for Civil Justice Fund about their campaign One Nation Under Surveillance. Years before 9/11 the Partnership was engaged in litigation and advocacy about the ways in which the government and corporations spy on individuals.

The FOIA request reads in part: “The people of the United States have an urgent need for disclosure of the requested information regarding what appears to be the largest covert surveillance program directed against them in U.S. history. The U.S. government and its agencies that are carrying out these unprecedented surveillance programs are not entitled to hide these programs from the public.”

Attorney Carl Messineo:

  • One Nation Under Surveillance campaign is a composite of multiple programs that the PCJF has undertaken to challenge and to fight against the surveillance state.
  • The program includes public records demands, FOIA requests, lawsuits, litigation as well as campaign and advocacy.
  • We’ve been looking at the issue of anti-terror authorities and surveillance authorities being misused to target law abiding people in the United States and in particular those engaged in political activity, well before even 9/11.
  • These anti-terror and surveillance authorities, while they were pumped up dramatically after 9/11 were actually being utilized to disrupt, to monitor, surveil, peaceful, political activists even before that catastrophic event occurred.
  • The monitoring is done at the behest of private corporations and that’s revealed most clearly in the public records disclosure that we have secured as related to the Occupy Movement.
  • Those documents reveal corporations working hand in glove with law enforcement to surveil, to counter, to disrupt the political messaging that this grassroots peaceful movement had.
  • This is a movement that came about because of tremendous economic insecurity. People are one pay check away from not being able to meet their basic needs.
  • The Wall Street corporations sit in the command centers of law enforcement, so that they have free access to the same flow of information.
  • What Manning and Snowden have revealed to us is really a clarion call to action.
  • What the NSA does intercept comprehensively, gmail communications, telephone logs of all of our communications.
  • Who is that targeting? It’s targeting the law abiding person in the United States. Think about it for a second. What competent terrorist is going to be relying on gmail or google in order to conspire or plan?
  • The “undernet” is not being captured. The virtual private networks.
  • It completely eliminates the concept of privacy. The privacy implications are staggering. It’s all been done secretly, with secret courts in the United States.
  • Senators who had knowledge of this information, and critical of the programs did not possess the First Amendment right to bring or focus attention to these details by citing specifics because they were under gag orders.
  • We certainly know the surveillance complex is massive. Edward Snowden didn’t access the top secret documents that he did by working at the NSA. He had to work as a private contractor at Booz Allen.There’s a huge profit incentive. The use of permanent war. There must be a declaration of war in order for emergency powers that are ancillary to those powers to come into effect.
  • There needs to be public debate before there is war. But a new concept was developed under the Bush Administration and is perpetuated under the current.
  • The notion that there is a permanent state of undeclared war.
  • Anti-crime and anti-terror authorities have been used by the government as tools.
  • This is a predominant threat of having these tools of social and political control out there and systematically deployed so that the government and the corporations with who they work hand and hand, can anticipate, can know and can suppress and disrupt, democratic action. The lifeblood of a democracy.
  • The government governs only by consent and that’s part of the violation here of all of this secrecy.
  • A new debate is starting across this county of how do we seize control over these technologies.
  • What we’re doing at the Partnership for Civil Justice Fund is a combination of activism and litigation.
  • The government has operated in secret because it fears the public’s reaction.
  • We have filed public records demands with the NSA, the FBI, the CIA, with other defense and military entities because that’s who is doing this. It’s coming out of the military.
  • Our requests demand disclosure to the public, what are the record keeping systems, what are the safeguards, what are the rules, what are the authorities?

Guest – Attorney Carl Messineo, legal director and co-founder of the Partnership for Civil Justice Fund.
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The Struggle Continues: Seeking Compensation for Vietnamese Agent Orange Victims, 52 Years On

The long term damage left by Agent Orange upon millions of Vietnamese, and the many thousands of U.S. soldiers has yet to be properly accounted and compensated for.  Agent Orange’s long term damage set upon the ecosystems of Vietnam 52 years later include long term poisoning of soil and ground water, and near permanent destruction of mangrove forests.  Chemical companies such as Monsanto and Dow have profited from defoliant chemical and has paid very little to settle veteran’s lawsuits for Agent Orange related illnesses. Meanwhile, second and third generation of Vietnamese civilians are seriously effected by Agent Orange exposure.

Attorney Marjorie Cohn:

  • Studies show that between 2 million 4 hundred thousand and 4 million 8 hundred thousand Vietnamese and tens of thousands of Americans were exposed to Agent Orange during the spraying of Vietnam from 1961 to 1971.
  • The Department of Veterans Affairs recognizes certain illnesses and diseases as being associated with the use of Agent Orange. Lists diseases. . .
  • During the Nixon Administration there was a promise, in 1973 as part of the Peace Accords that were signed in Paris. The Nixon Administration promised to contribute 3 billion dollars toward reconstruction and healing the wounds of war and that money has not been forthcoming.
  • The chemical companies, Dow and Monsanto paid a pittance to settle a lawsuit to compensate unintended victims for Agent Orange related illnesses.
  • The intended victims, the Vietnamese sued the chemical companies in U.S. Federal Court and were unsuccessful. But the lawsuit spawned to hold the United States accountable for using these dangerous chemicals.
  • HR 2519, The Victims of Agent Orange Relief Act of 2013. It would provide medical and rehabilitative compensation to Vietnamese victims of Agent Orange and medical services for children of U.S. Vietnam veterans and Vietnamese Americans who have been born with these same diseases and birth defects.
  • It would also remediate or clean up hot spots which have been contaminated by dioxin.
  • Dioxin is the culprit in Agent Orange. Dioxin the most toxic chemical known to science.
  • The US government and the chemical companies did know about it (harmful effects) and they covered up a report and it wasn’t until the late sixties that they stopped spraying Agent Orange because of the negative publicity.
  • Now it falls to the Peace Accords in 1973.
  • Vietnam Agent Orange Relief and Responsibility Campaign. I would urge everyone to make sure your Congress person is a co-sponsor of HR 2519. The Victims of Agent Orange Relief Act of 2013.
  • Obama who was 14 at the time of the Vietnam War, has come out with a campaign to which looks to rewrite the history of the Vietnam War in a way that actually lies about what the U.S. did in Vietnam.

Guest – Attorney Marjorie Cohn, professor at Thomas Jefferson School of Law and on the board of the Vietnam Agent Orange Relief and Responsibility Campaign. Her latest article The Struggle Continues: Seeking Compensation for Vietnamese Agent Orange Victims, 52 Years On, details a strategy for compensating victims of the Agent Orange chemical.
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Law and Disorder August 12, 2013

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Law and Disorder Co-host and Executive Director of the National Lawyers Guild, Heidi Boghosian Recently Published “Spying on Democracy: Government Surveillance, Corporate Power and Public Resistance.”

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Israel-Palestine Peace Talks

Could the timing of the recent Israel-Palestine peace talks be related to the crisis erupting across the Middle East region?  The escalating war in Syria and the massive coup in Egypt have reflected US strategic failures.  Now, the U.S. led effort to re-start 22 year old peace talks with Israel and Palestine has again raised suspicion of again benefiting the side of Israel.
Interestingly, former U.S. ambassador to Israel and former deputy research director of AIPAC, the pro-Israel lobby, Martin Indyk will be acting as the U.S. envoy in the negotiations. The stated goals of these new peace talks according to our guest Phyllis Bennis, director at the Project Institute for Policy Studies will not end the occupation, or the siege of Gaza, or the decades of dispossession and exile of Palestinian refugees but only current tension and dispute.

Phyllis Bennis:

  • 1947 is when the British really threw up their hands and said we don’t want to be the official colonial power in historic Palestine any more so we’re going to turn it over to the UN.
  • At the end of November in 1947, the UN decided to divide Palestine and make two states.
  • It started out incredibly unfair because what they decided to do is give 55 percent of the land to become a quote Jewish state but that was a time when the Jews amounted to 30 percent of the population.
  • The Palestinians who were 70 percent of the population were supposed to get what was to become a state only 45 percent.
  • The war that broke out that was as much against the British as it was against the Palestinians and what were to become the Israelis but were at the time Zionist militia, the war led to the expulsion, many at gun point of 750 thousand who were driven into exile, off their land. At the end of the war, the Palestinians were left with only 22 percent.
  • The Israelis controlled 78 percent of historic Palestine and all of western Jerusalem. Jerusalem was supposed to be separate under international law, it was called corpus separatum, that was to be governed internationally and not governed by either of these states.
  • That’s what led up to the period from 1948 and 1967. Jordan took over administering the West Bank, and East Jerusalem – and Egypt took over administering the Gaza Strip.
  • In 1967, war breaks out, what became known as the Six Day War. The Egyptian Air Force is the first target of the Israeli military.
  • The Israeli military was really good, they had gotten their arms mainly from France and Czechoslovakia. It’s interesting because in that period from 1948 and 1967, the U.S. supported Israel but it wasn’t the kind of special relationship we see now.
  • At the end of 6 days, they now controlled 100 percent of historic Palestine. They now had been occupying what had been left to the Palestinians after 1948, which meant the West Bank, the Gaza Strip and East Jerusalem.
  • We can look back at this particular process, it goes back 22 years to Madrid Conference of 1991.
  • I was at Madrid, I was really young, Netanyahu, was the spokesperson for the delegation. I went head to head with him at a press conference in Madrid.
  • That led to the Oslo process, and what we have now.  We’ve had the “road map” we’ve had the Anapolis meetings, we had the Y-River Accord.
  • In 1967, the US is desperate for allies it can rely on, against the Soviet Union, against the anti-colonial movements that are springing up across Africa.
  • Here’s Israel that just trounced 6 Arab armies and the Pentagon looked at that and said, we could do business with these people.
  • So the Pentagon starts to build this relationship with Israel that goes beyond joint training. Soon you have the beginning of the interlocking connection between the Israeli military, military producers, war profiteers, military corporations and that gives rise to the whole new influence to the long standing pro-Israel lobby.
  • At the end of the cold war, the value of Israel begins to be a liability. That’s when you see some changes in US policy.
  • Then you have 9/11 and the global war on terror and Israel is a great strategic ally again.  It’s an asset again, not a liability anymore.
  • This idea of land swap is the code word that the U.S. and Israel have been using for the last 7 or 8 years. That is based on the idea that Israel will keep all its major settlement blocs – about 80 percent of the current 600 plus thousand illegal Israeli settlers that are living in illegal Jews-only settlements in the occupied West Bank, and the occupied East Jerusalem.
  • About 80 percent of the settlers would stay, all the major settlement blocs. These are cities of 40-50 thousand people with shopping centers and swimming pools and colleges and industrial zones, with industrial waste going down the hill into Palestinian villages at the bottom.
  • Israel will all of those, Israel will keep all the major water aquifers of the West Bank, and they will call that “land swap” because in return they will give Palestine a few acres of desert land, abutting Gaza or some other land that’s not developed.
  • The Coalition of the US Campaign To End the Israeli Occupation. EndtheOccupation.org
  • The BDS movement. Boycott, Divest and Sanction which is aimed at stopping Israel’s violation of international law. If it doesn’t there will be consequences that we as a civil society can bring in stop buying settlement produced goods. In Europe, the BDS movement has pressured enough countries that the European Union has now issued new guidelines calling to an end of any European Union funding of any institutions or individuals in the occupied territories.

Guest – Phyllis Bennis, directs the New Internationalism Project at IPS. She is also a fellow of the Transnational Institute in Amsterdam. She has been a writer, analyst, and activist on Middle East and UN issues for many years. In 2001 she helped found and remains on the steering committee of the U.S. Campaign to End Israeli Occupation. She works closely with the United for Peace and Justice anti-war coalition, co-chairs the UN-based International Coordinating Network on Palestine, and since 2002 has played an active role in the growing global peace movement. She continues to serve as an adviser to several top UN officials on Middle East and UN democratization issues.

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Green Scare Crackdown and Monsanto Political Prisoner Marie Mason

Long time activist in environmental and labor movements Marie Mason continues to serve out a harsh 22 year prison sentence based on her involvement in two attacks of property damage and arson. Marie Mason is considered an eco-terrorist and is serving the longest sentence of any convicted animal rights or environmental militant. In one of the attacks, Mason and her husband Ambrose set fire to a Michigan State University building, targeting a Monsanto funded office in charge of a genetically modified crop research program to create moth resistant crops for Africa. Marie Mason was later set up by her husband who recorded their conversation that led to her conviction. As we continue to report, since 9/11, environmental radicals have been labeled terrorists, and charged with overly long sentences. This is part of what’s known as the “Green Scare” campaigns that seek to put a chill on dissent.

Peter Werbe:

  • Marie Mason was an environmental activist from the Detroit area.
  • In January 2000 she committed a number of acts the government considered illegal. They were eco-sabotage. Frustrated by her lack of ability, her and others to mobilize great numbers of people to defend the environment against things like genetically modified organisms.
  • She and her husband at the time entered a research lab at Michigan State University and set fire to these records. Arson under the law. She also damaged logging equipment in an area where they were doing clear-cutting.
  • When you get these “frankenstein” genes into the environment, there’s no longer a debate. When you clear cut an old growth forest, that’s the end of debate as well.
  • She was desperate. She actually escaped apprehension until her husband who actually became estranged from her was caught in another matter and ratted her out in 2007.
  • She was brought to trial. He actually wore a wire taping her and going around the country, making 140 other recordings of environmental activists but was only able to ensnare her.
  • She was tried for these acts in Federal Court, and found guilty. She pled guilty. The judge gave her 22 years.
  • She is now the longest serving prisoner of this nature. (Federal Terrorism Enhancement Law) No one was ever injured in any of these.
  • There are these Catholic peace activists who regularly go down to Tennessee to protest against nuclear facilities there and previously they were convicted under misdemeanors. They are now facing up to 15 years in prison on federal charges.
  • Marie Mason appealed her sentence saying it was disproportionate to other federal guidelines for sentencing. Unfortunately, the right-wing Bush appointed judge wrote the sentencing guidelines so she didn’t get anywhere with the Circuit Court of Appeals.
  • She was sent to a federal woman’s facility in Minnesota where she did good work. She was a model prisoner, but one day about two and a half years ago – in the middle of the night she was taken to administrative segregation. The hole.  Held there for a couple of months and suddenly in the middle of the night in chains, taken in a small plane and took off. She said she thought she was going to Guantanamo or something like that.
  • She wound up in the Special Administrative Unit in Carswell Federal Medical Center.  Lynne Stewart is in Carswell but she’s in the general population. Women are sent there with medical difficulties but its a horror show.
  • She was told she was moved because she was recruiting for the Earth Liberation Front, that she maintained a connection via email that was provided by the prison.
  • They don’t want to restrict her communications, they want to see who is writing her.
  • She has written extensively for the Fifth Estate Magazine.
  • Marie’s support is worldwide. SupportMarieMason.org

Guest –  Peter Alexander Werbe,  American radio talk show host and a progressive political activist. His home is Detroit, where he has become a fixture spinning discs and hosting Nightcall Sunday nights on Detroit’s WRIF 101.1 FM. Peter Werbe’s tenure, having commenced in 1970 has resulted in 2 popular radio programs: Nightcall and The Peter Werbe Show.  He currently hosts a Mon-Fri classic (webstream) rock show Deep Trax on WCSX. He is also a staff member of Fifth Estate magazine.

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Left Forum 2013: Dr. Harriet Fraad

We hear an excerpt of a presentation from Harriet Fraad is a hypnotherapist & psychotherapist in Manhattan. She writes regularly for Truthout, Tikkun and The Journal of Psychohistory. Her blog with Richard D. Wolff, Economy and Psychology appears at HarrietFraad.com and RDWolff.com. Her latest book is Bringing It All Back Home ed. Graham Cussano. Her article on Emotional and Sexual Life in a Socialist America written with Tess Fraad Wolff will appear in the book Imagine A Socialist America- (Harper Collins 2013). This panel explores what Socialism could look like in the United States.

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Law and Disorder July 15, 2013

Updates:

  • Prisoner’s Hunger Strike: Pelican Bay Prison, Guantanamo Bay Prison, Palestinians In Israeli Prisons
  • CCR Lawsuit – Pelican Bay Prisoner Class Action
  • 20 Plus Palestinians On Hunger Strike In Israeli Prisons Demand Better Conditions For Pelican Bay Prisoners
  • Federal Judge Gladys Kessler Says the President Is The One To Stop Force Feeding and Release Cleared Guantanamo Bay Detainees
  • Bradley Manning Trial: Important Proceedings During Defense Case At Ft Meade, Maryland

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Secret Federal FISA Court Advocate of National Security State

Here on Law and Disorder we’ve discussed the process of the US government expanding its power to get wiretapping permission from the Foreign Intelligence Surveillance Court or FISA court. This is under a provision called section 215 of the Patriot Act which if listeners might recall was set to expire in 2009. It did not.  We discussed how the FISA court will be accessed by what’s called Lone Wolf Authority or National Security Letter Authority whereby the FBI can write a letter to the court without suspicion of terrorism and get bank, telephone and internet records.

The 11-member FISA Court has been central to allowing a massive surveillance state to exist by granting US agencies such as the NSA access to private telecommunication data. Today, the FISA court essentially operates as an advocate for the national security state. It’s judicial oversight now parallels the Supreme Court. But more troubling,  these FISA Court Justices operate in complete secrecy and base their decisions from hearing only one side the argument, the US government’s.

Attorney Scott Horton:

  • The Nixon Administration attempted to use “intelligence gathering” as a justification. Congress reacted to that by saying we’re not going to agree that the government has the right to wiretap people in the United States on the grounds of intelligence gathering. We’re going to require this judicial check, so Congress created this special court the FISA court.
  • The court has been around for a long time, but its become a far more significant entity doing much more work after 9/11.
  • It has 11 judges. The judges are selected by the Chief Justice of the Supreme Court, John Roberts.
  • The judges are picked from courts all around the country.
  • It’s not a secret court in that we know that it exists. It IS a secret court in that it operates in secret.
  • Literally, the public doesn’t know what papers are filed with it and doesn’t know about its decision.
  • That’s a highly controversial matter because decisions by federal courts constitute law.
  • This means that this court is manufacturing secret law that the people don’t know about.
  • We don’t know the jurisprudence of this court, we don’t know its decisions, we don’t know the full rationale for all its decisions because most of them have been secret.
  • It is very aggressively expanding the power and authority of the NSA in surveillance areas.
  • This is a court picked by Roberts who share his attitude. Out of 11 judges we have 10 Republican appointees. It’s very well known that Roberts in making appointments here looks very closely to select only judges who reflect his attitudes about the national security state.
  • It is a cherry picked court. A movement conservative perspective which is quite hostile to civil liberties.
  • The court has become an advocate for national intelligence services.
  • It really puts the whole institution of the court under a cloud right now.
  • If you want to disperse that cloud you would make sure those judges are representatives of the country.
  • The legal reasoning and interpretation of statutes that should be there for people to see and know and understand and criticize.
  • Telecoms: Here they are service providers dealing with consumers, lying to their clients and allowing the government free access to all this information.
  • That is a criminal act under various statutes of states including New Jersey and Maine. That have rules that say they may not allow governments, investigators access to this information other than pursuant to a government subpoena or court order.
  • This court is sweeping away core rights and making a joke out of the 4th Amendment.
  • Whistle-blower damage control strategy: A program to deflect attention from the disclosures themselves.
  • There is a move afoot to take this out on the American service providers who cooperate with the NSA, Verizon, AT&T. . .Google and so forth.

Guest – Scott Horton, human rights lawyer and contributing editor to Harper’s Magazine. Scott’s column – No Comment. He graduated Texas Law School in Austin with a JD and was a partner in a large New York law firm, Patterson Belknap Webb & Tyler.

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Left Forum 2013: Ron Reosti

Capitalists are not necessary to run firms, nor to run macro-economies and investment says Ron Reosti in his presentation at the Left Forum Panel titled Imagine Living In A Socialist USA, Part 2: Making The American Socialist Revolution.

Speaker – Ron Reosti, his Italian parents imparted to him a working-class identity, a sense of social justice, a belief in the possibility of social change, a commitment to democracy, and a hatred of the undemocratic ruling class. He embraced socialism in his early teens, during the McCarthy era, and has remained committed to that vision. He practices law and is part of the radical community in Detroit.

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Law and Disorder June 24, 2013

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Historic Vigil And Compassionate Release For Lynne Stewart

It’s been seven weeks since Warden Jody Upton of FMC Carswell approved Compassionate Release for Lynne Stewart. This decision was based on the medical findings of Stage 4 cancer that spread Lynne’s scapula, lymph nodes and lungs. A massive vigil was held last week for Lynne at Federal Bureau of Prisons Headquarters in Washington DC. We’re joined today by former Attorney General of the United States Ramsey Clark who is helping to get Lynne Stewart released from prison.

Attorney Ramsey Clark:

  • The matter is now on the desk of the director of the Federal Bureau of Prisons, it’s been there for about five or six weeks which is intolerably long because everyday counts.
  • Lynne is in physical desperate condition, her cancer is spreading. She has appointments at Sloan Kettering when she gets out that may extend her life.
  • It’s slipping away while the director of the Federal Bureau of Prisons who seems to be opposed of Compassionate Release or any broad application of it, sits on her application.
  • Charles Samuels, seemed to have isolated himself from this issue. Any letters to Director Samuels would be helpful and important.
  • He’s being bombarded but for some reason, he’s holding out because he wants an interpretation of the compassionate release statute that would enable the release of only those who are going to die in the very near future, have no hope of living longer.
  • Right now we have an urgent human matter, a very wonderful human being, mother and grandmother is dying in prison. 
  • Please Write to: Charles E Samuels Jr. / Federal Bureau of Prisons / 320 1st Street Northwest / Washington DC 20534

Guest – Attorney Ramsey Clark was the former Attorney General of the United States, under President Lyndon B. Johnson. He was the first Attorney General at the Justice Department to call for the elimination of the death penalty and all electronic surveillance. After he left the Johnson administration, he became a important critic of the Vietnam War and continued defending the rights of people worldwide, from Palestinians to Iraqis, to anyone who found themselves at the repressive end of government action.
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Whistleblower Cases Update

Attorney Michael Ratner:

  • June 19th Anniversaries: Execution of the Rosenbergs. Julian Assange 1 year at the Ecuadorian embassy.
  • Snowden, we don’t know where he is, massive revelations.
  • The question you should be asking, is Dick Cheney a traitor? Is George Bush a traitor? Aren’t those the real traitors, the real people to be held accountable.
  • We should look at what they told us. Ed Snowden told about a massive domestic surveillance operation.
  • Their job is to tell the American people what they’re doing so we can debate it and discuss it and not put forward basically false stories of who they’ve purportedly stopped.
  • This is about knowing where everyone of us is all the time.
  • Freedom of the Press Foundation – Bradley Manning
  • This is really a war on whistle-blowers and really a war on the United States trying to keep control on all of the information it can and control the internet from the top down.

Richard Falk, U.N. Rapporteur on Palestinian Rights, Calls for Close of UN Watch

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Lakota Indians To File UN Genocide Charges Against US, South Dakota

There was a time in the mid 1800s when the territory of Lakota Indians reached 90 million acres, now they’re separated into tribal councils and relegated to reservations. Their children are seized and put into foster homes of white families. During Republican administrations, more than 700 Lakota children are taken annually by a private corporation called the South Dakota Children’s Home Services. In April, a grassroots movement led by Lakota grandmothers touring the country built support for a formal UN complaint of genocide against the United States government and constituent states.

Attorney Daniel Sheehan:

  • There’s basically a decade involved here during which the state of South Dakota engaged in a systematic program of the removal of Lakota children from their parents, from their extended families and from their entire tribe.
  • Some 740 Lakota children a year during that period were taken from their families and tribes.
  • Over half of them were never returned. 80-90 percent of those children were placed in white foster care.
  • This is clear violation of the Indian Child Welfare Act which was the piece of legislation that mandated that if an Indian child were taken from the child’s parents they were required to be placed with Native American people.
  • This is has been absolutely openly defied by the state of South Dakota.
  • There has been an official notice of intent to file the complaint with the United Nations.
  • We need to understand that there has been a longstanding policy in the Republican Party. When the Republican Party comes into power in Washington DC where they engage in this process to try and assimilate the native tribes.
  • They’re constantly trying to eliminate the ownership of land and integrate them into society, basically to eliminate their culture.
  • That was why the US Congress back in 1978 made the move to establish the American Indian Policy Review Commission and the Indian Child Welfare Act to stop the states from engaging in that type of activity of assimilation.
  • What we’ve seen by William Janklow, a former South Dakota congressman, governor, and attorney general, is the process to attempt to take as many of the children away as they could possibly do and place them in huge group homes such as South Dakota Children Homes Services Inc.
  • There is a subtext to this issue. We’ve discovered that during the Bush Administration from 2001 to 2009 there was systematic program of funneling federal funds into South Dakota to finance the seizure of these children and a substantial portion of that money from the Federal Government was transferred to the pharmaceutical corporations, who were in fact administering involuntarily to these children, pharmaceutical drugs Zoloft, and other psychoactive drugs to control their moods and attitudes.
  • They refuse to give information about who the children are, where they’ve been taken, where they’ve been placed, some of them have been taken out of the state, we traced a number of them to Utah.

Guest – Daniel Sheehan is the lead attorney and general counsel for the Lakota People’s Law Project (LPLP). Currently, LPLP is working in South Dakota to stop violations of the Indian Child Welfare Act (ICWA) and rescue Lakota children from an abusive state care system. Award-winning journalist Laura Sullivan has just completed a hard-hitting investigative series on the situation in Lakota Country airing now on NPR. To learn more about Daniel Sheehan’s work with Lakota Indians, visit the Lakota People’s Law Project website. Sheehan traced the institutionalization of state kidnapping of Native children back to the late William Janklow, a former South Dakota congressman, governor, and attorney general notorious for his role in what the the Lakota refer to as the “Reign of Terror” on the Pine Ridge Reservation in the years following the American Indian Movement-led occupation of Wounded Knee in 1973. According to Sheehan, members of the George W. Bush administration tipped off Janklow on a Texas strategy to grab millions of dollars in federal subsidies by administering a psychological test devised by the Eli Lilly pharmaceutical corporation to children taken into protective custody. Replicating the strategy, South Dakota developed a mental health test failed by 98% of Native children, who then become “special needs” cases under federal law, with the state receiving up to $79,000 for each Indian child and the child being placed involuntarily on psychoactive drugs.

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