CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
Podcast: Play in new window | Download
Guantanamo Diary: Mohamedou Ould Slahi
The American offshore prison camp in Guantánamo, Cuba is still operating. After the attacks on September 11, 2001, it was set up as a place where neither American or international law would apply and where prisoners could be brought, tortured, detained forever, and never charged with a crime. Ten years ago, former President Obama promised to close the offshore prison when he ran for office. It remains up and running to this day. Mohamedou Ould Slahi spent 18 years of his life there. He was an electrical engineer from Mauritania in Africa and educated in Germany. He was 32 years old when he was apprehended in his home, taken to Jordan where he was tortured, then to Afghanistan, then to Guantanamo and 16 years later at age 48, he was released. He walked out of Guantanamo Bay Prison in October 2016 without being charged with a crime and returned to his native Mauritania.
While in prison in 2005 he wrote a memoir, in English, one of his four languages. His attorney Nancy Hollander had asked him to do it and she finally got it declassified in 2012 but with heavy redactions. It was made into a book, titled Guantánamo Diary, and published in 2015 and became an international bestseller.
In it, he describes how he was tortured in ways personally approved by then Defense Secretary Donald Rumsfeld. Torture is a criminal act under both US and international law. As many know, Rumsfeld has yet to be prosecuted.
Guest – Mohamedou Ould Slahi joins hosts from his native country of Mauritania where he is a writer. He is the author of Guantanamo Diary.
Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.
—-
Manhattan Neighborhood Network Supreme Court Case
Is a public-access TV channel run by private nonprofit corporation subject to the First Amendment? The Supreme Court will consider that question in a case involving the Manhattan Neighborhood Network or MNN. In 1991 MNN was designated to operate as a public-access channel in New York City. The Manhattan Borough President has no control over MNN but does pick two of its thirteen board members.
In 2012 Jesus Melendez, an occasional contributor to MNN, was suspended for trying to attend a board meeting. His associate Deedee Halleck then videoed him outside talking about the situation. MNN banned the video from airing. Melendez and Deedee brought a First Amendment claim against MNN asking if the network is a state actor for purposes of their First Amendment rights. The district court said no, noting that, while it was a close call, other circuits had concluded that privately run public-access networks were not state actors.
The Supreme Court hasn’t directly weighed in on this question although Justice Anthony Kennedy, in a 1996 concurrence in a case dealing with laws regulating content on public-access channels, wrote they should be considered state actors who run public fora and thus be subject to the First Amendment. Justice Clarence Thomas disagreed in his concurrence, writing that “franchising authorities require cable operators to create public access channels, but nothing in the record suggests that local franchising authorities take any formal easement or other property interest in those channels that would permit the government to designate that property as a public forum.”
Defenders of MNN claim, that while it’s possible that some public-access channels could be rightly called state actors, the Court should take the case to clarify the state-actor test and to review the Second Circuit’s unnecessarily broad opinion.
Guest – Deedee Halleck one of the plaintiffs in this case and among the top media activists. She’s co-founder of Paper Tiger Television and also the Deep Dish Satellite Network, the first grass roots community television network. She is Professor Emerita in the Department of Communication at the University of California at San Diego.
Guest – Attorney Paul W. Hughes, a partner in the law firm Mayer Brown’s appellate and Supreme Court practice. Paul has handled more than 200 appellate matters, more than 125 of which were in the U.S. Supreme Court. In 2017The American Lawyer named Hughes “Litigator of the Week” in connection with his immigration work.
Civil Liberties, Human Rights, Surveillance, Targeting Muslims, Torture, Truth to Power
Podcast: Play in new window | Download
Death with Dignity
Seventy percent of Americans support the end-of-life option permitting qualified terminally ill people to end their lives through physician-prescribed medications. Despite this, forty-four states don’t have statutes outlining the procedure, and safeguards, for getting medications to hasten inevitable death.
Death with Dignity is a growing movement that works to ensure terminally ill Americans have the freedom to control their end-of-life options, including how they die. Its state-by-state campaign strives to change that.
California, Colorado, Hawaii, Oregon, Vermont, Washington and the District of Columbia have assisted dying statutes. They allow mentally competent, terminally-ill adult state residents to request and receive a prescription medication enabling them to die in a place and time of their choosing.
Guest – Mark Glaze is a strategist in public affairs, advocacy and politics. His clients have included the Open Society Institutes, the American Federation of Teachers, the Human Rights Campaign and Amnesty International. Mark is the former executive director of Everytown for Gun Safety, the nation’s largest gun violence prevention group. After the Newtown mass shooting the Wall Street Journal called him “the face of the gun control movement.”
—-
Strongmen
The spectacle and recent emergence of the strong man leader has been seen in a number of countries across the world, not only in the United States. We have witnessed the rise of Modi in India, Duterte in the Philippines, Erdogan in Turkey and Putin in Russia. In the 1920s and 1930s fascist dictators emerged in Germany, Spain, Portugal, and Italy. These men were monsters. The new kind of strongmen are not fascist dictators, but monsters nonetheless. We welcome professor Vijay Prashad who has edited and introduced the recently published book titled Strongmen. The book is a collection of five essays, some of them in the form of a fable, which explains the phenomena of the strong men.
Guest – Professor Vijay Prashad, is the executive director of Tricontinental: Institute for Social Research. He is the author and editor of several books, the most recent is titled Red Star Over the Third World.
CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Iraq War, Political Prisoner, Torture, Truth to Power, War Resister
Podcast: Play in new window | Download
Crash Course : From the Good War to the Forever War
US Army Ranger turned conscientious objector Rory Fanning recently wrote in this in The Guardian newspaper: “Last week Sunday ,November 11, we celebrated Veterans Day. It used to be called Armistice Day and was a celebration of peace after the slaughter of World War One. Now it is called Veterans Day. The United States has 668 military bases around the globe. The United States has conducted military operations in 2/3 of the world’s countries since September 11, 2001. It has spent 3/4 of $1 trillion each year on it’s military – more than the next 13 countries combined. The US has taken hundreds of thousands of lives around the world these past 14 years and shows no signs of slowing down.“
Guest – H. Bruce Franklin, is one of America’s leading cultural historians, H. Bruce Franklin is the author or editor of nineteen books and more than 300 articles on culture and history published in more than a hundred major magazines and newspapers, academic journals, and reference works. He has given over five hundred addresses on college campuses, on radio and TV shows, and at academic conferences, museums, and libraries, and he has participated in making four films. He has taught at Stanford University, Johns Hopkins, Wesleyan, and Yale and currently is the John Cotton Dana Professor of English and American Studies at Rutgers University in Newark. Before becoming an academic, Franklin worked in factories, was a tugboat mate and deckhand, and flew for three years in the United States Air Force as a Strategic Air Command navigator and intelligence officer. Professor Franklin is touring the country to speak about his just publish book Crash Course : From the Good War to the Forever War.
—————————
—————————
Civil Liberties, Human Rights, Prison Industry, Supreme Court, Surveillance, Torture, War Resister
Podcast: Play in new window | Download
Update: Hosts Discuss U.S. Primary Election
—-
Trump’s Judges Imperil Our Rights for Decades
In less than two years, Donald Trump has two installed not one, but two, right-wing justices on the Supreme Court, ensuring a conservative majority for decades to come.
Republican congressional leadership appropriated (stole?) a high Court appointment from Barack Obama and appointed Neil Gorsuch. Gorsuch has cast the deciding vote in 14 cases that hurt workers, consumers, voters, immigrants and reproductive rights, while upholding abuses of government authority. Notably, he cast the deciding vote to uphold Trump’s Muslim travel ban in Trump v. Hawaii.
Republicans then pushed through the appointment of Brett Kavanaugh, who lied under oath and displayed conduct unbecoming a Justice. Just as Gorsuch has upheld the views of conservative Federalist Society and Heritage Foundation backers, Kavanaugh will surely do the same.
The public is less aware, however, of Trump’s systematic appointment of 29 right-wing judges on the federal circuit courts of appeals. And he hopes to appoint even more by year-end. These circuit court appointees have handed down regressive decisions favoring interests of the rich and upholding unlimited spending in politics. Judges who sit on the circuit courts wield enormous power because most cases are resolved at that level.
Seventh Circuit Judge Amy Coney Barrett, for example, voted in one case to allow a corporation to racially segregate its workplace. She also rejected the asylum claim of an immigrant who alleged he was tortured, without even considering the case merits. In the Sixth Circuit Judge Amul Thapar voted to allow public officials to lead Christian-only prayers at public Board of Commissioners meetings.
These decisions are just the tip of the iceberg.
Guest – Attorney Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, JURIST, Truthdig, Portside, Alternet, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Her website is http://marjoriecohn.com/
—-
The Nature of American Fascism
One hundred and eleven years ago American socialist and famed novelist Jack London in his book “The Iron Heel” anticipated what we are seeing developing in the USA today. He wrote “There is a shadow of something colossal and menacing that even now is beginning to fall across the land. Call it the shadow of an oligarchy if you will; it is the nearest I dare approximate it. What its nature may be I refuse to imagine. But what I wanted to say was this: you are in a perilous position.“
With our experience with fascism in the 20th century in Germany and Italy and with what we see developing in the USA right now we can clearly imagine what American fascism would look like.
– Socialism would be illegal and it’s proponents imprisoned
– Labor unions would be totally illuminated as an organization for those without property
– Quality public education would be further reduced
– The independence of public universities would be totally undermined
– Billions of dollars would continually being devoted to slick propaganda
– Much of traditional government functions with the exception of the police and the armed forces would be privatized
– The media and the Internet would be put under direct government control
– Minorities, blacks, Muslims, Jews, Mexicans, and LBGTQ people would be scapegoated for societies’ills.
– Women would be denied control over their own bodies
– Church and state would no longer be separated
– The rule of law would be cast aside.
Fascism doesn’t just doesn’t descend on us all at once like the falling of a dark curtain. It creeps in. It has been creeping in over the last 40 years of neoliberalism and with the rise of the ultra right who have taken over the Republican Party. All this was topped off to years ago with the election of Trump. In the last two weeks it has gotten even worse. Two black people were assassinated in Kentucky, 11 Jews were slaughtered inside there Pittsburgh synagogue, Trump canceled a nuclear non-proliferation pact with Russia, he declared himself a nationalist, really a white nationalist, and then sent 14,000 troops to the Mexican border to prevent desperate mostly women and children walking north from Honduras from claiming their lawful ride to asylum, and then he threatened to cancel birthright citizenship, a right guaranteed by the 14th amendment to our constitution.
We know which fascism looks like. We have identified it. But what do we do to fight it?
Guest – Barry Sheppard, is a political writer from Oakland California, a longtime socialist, activist, and author. Contact email: [email protected]
————————–
————————–
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Guantanamo, Military Tribunal, Political Prisoner, Prison Industry, Targeting Muslims, Torture
Podcast: Play in new window | Download
Mumia Abu-Jamal Update October 2018
Last week, attorneys for Mumia Abu Jamal argued in court that conflicts of interest led to unfair rulings against him in his longstanding case. As many know, Abu-Jamal was sentenced to death for the 1981 killing of Philadelphia police officer Daniel Faulkner. The case was riddled with constitutional violations, and his sentence was later commuted to life in prison without parole.
Recently, in the wake of the U.S. Supreme Court’s decision in Williams v. Pennsylvania, Mumia’s attorneys argued that his rights were violated after former district attorney Ron Castille failed to recuse himself in an appeals decision. At the time Castille was a state Supreme Court judge.
Judge Leon Tucker had asked the Philadelphia district attorney’s office to produce an internal memo that might show Castille— back when he was city district attorney — had direct involvement in pursuing Abu-Jamal’s death sentence. If he did, his later denial as Supreme Court justice of Abu-Jamal’s appeal, could be deemed biased.
Defense attorney Judy Ritter said: “Justice Castille has shown himself to be involved in this case, to be biased against a certain class of cases that our client falls into.” The Commonwealth argued that as district attorney, Castille was simply doing his job.
“It’s nothing remarkable that a DA would send a letter to the governor asking him to sign death warrants which the governor was required to do,” said attorney Tracey Kavanaugh. Emotions ran high, both inside and outside of the courtroom. Maureen Faulkner, the widow of Daniel Faulkner, stood up and cried in the middle of court proceedings when the judge announced that both sides would need to wait until December for any possible closure in the case. Presiding Judge Leon Tucker has indicated that he will make a ruling in the case some time after December 3, 2018.
Guest – Professor Johanna Fernandez, is a native New Yorker. She received a PhD in History from Columbia University and a BA in Literature and American Civilization from Brown University. Professor Fernández teaches 20th Century U.S. History, the history of social movements, the political economy of American cities, and African-American history. She has previously taught at Carnegie Mellon University in Pittsburg, PA and Trinity College in Hartford, CT and is, most recently, the recipient of a Fulbright Scholars grant to the Middle East and North Africa that will take her to Jordan in spring 2011, where she will teach graduate courses in American History. She is with the Campaign to Bring Mumia Home.
—-
In Response to Pittsburgh, We Must Come Together as One
Last week, acts of hatred claimed the lives of 13 innocent persons in the United States. A white supremacist killed two African American persons in Kentucky. An anti-semite killed 11 Jewish persons in a synagogue in Pittsburgh where even more were wounded, including first responders and police officers.
Not surprisingly, the slaughter of the 11 Jews brought forth calls of the need for a strong Israel; the same response that followed anti-Semitic killings in France and Brussels.
It also inflamed political and theological differences between Israelis and American Jews. Israel’s Ashkenazi chief rabbi avoided saying “synagogue” because it is not Orthodox, but Conservative, a liberal branch of Judaism — because it is not Orthodox, but Conservative, one of the liberal branches of Judaism rejected by religious authorities who define the state’s Jewishness.
The attacker’s anti-refugee, anti-Muslim rants prompted some on the Israeli left — like many American Jewish liberals — compare the views of nationalistic leaders who influence their governments.
In Israel, longstanding animosity between left and right has escalated. Orthodox parties are hoping to increase their influence and Jewish law on day to day life; disputes about who cdan serve in the military and what stores can open on the Sabbath are rampant.
Guest – Phyllis Bennis is a fellow of the Institute for Policy Studies, where she works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.
—-
VICTORY: How Pennsylvania Beat Gerrymandering and How Other States Can Do the Same
An important victory against gerrymandering was recently won in the State of Pennsylvania in the case of League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania.
The first paragraph of the complaint lays it out. “This case is about one of the greatest threats to American democracy today: partisan gerrymandering. A partisan gerrymandering occurs when the political party in control of redistricting redraws congressional or state legislative districts to entrench that party in power and prevent voters affiliated with the minority party from electing candidates of their choice. The result is that general election outcomes are rigged – they are predetermined by partisan actors sitting behind a computer, and not by the voters.“
In Pennsylvania although the Democrats have more supporters than the Republicans Republicans had 13 seats in the US Congress and the Democrats had only five.
The U. S. Supreme Court has not been willing to rule on gerrymandering taking the position that there is no clear way to determine if there has been gerrymandering and therefore it is a non-judicable issue.
To get around this in 2018 Pennsylvania activists engineered a brilliant legal effort in the the state courts of Pennsylvania to attack the lopsided redistricting, and won after fighting pitched battles all the way up to the state Supreme Court. Now activists around the country can do the same. The next congressional redistricting occurs after the 2020 census: progressive need to be ready well before then.
We speak today with constitutional litigator James R. Lieber who has provided a real time report on effective trial lawyers, working to facilitate the will of the people. He explains the strategies of counsel and the evidence presented and has provided a roadmap to social justice litigants for pursuing constitutionally protected claims in state court based on the state constitution and avoiding federal review.
Guest – Attorney James B. Lieber is the author of 3 previous books, and a lawyer who focuses on constitutional, civil rights, and discrimination cases. He has won two cases before the U. S. Supreme Court and is widely published in magazines of national stature.
—————————————–
—————————————–
Censorship, CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Torture, War Resister
Podcast: Play in new window | Download
The Power of Public Outrage: Laquan McDonald’s Place in History
Jason van Dyke, the Chicago police officer who four years ago shot 17-year-old Laquan McDonald 16 times in the back, was found guilty on October 5th of second-degree murder and 16 counts of aggravated battery by Chicago jury.
This was the first time in 50 years that a Chicago police officer has been found guilty of murdering somebody while he was on duty.
The McDonald murder was massively covered up beginning with the cops who were on the job with van Dyke, the commanding officers of the Chicago police department, up to the office of the Mayor Rahm Emanuel.
Key to the conviction was video footage taken by a police car dash camera. This video was suppressed by the police, and the mayor for three years and only revealed after a massive campaign by a number of Chicago grassroots organizations. Nationally, there have been no convictions in the murders of Eric Gardner, Michael Brown, or Trayvon Martin.
Chicago is one of the most segregated cities in the USA. Recently 50 Chicago schools have been closed as well as many mental health clinics. Even the parking meters have been sold in a wave of divestment from the inner-city.
Guest – Attorney G.Flint Taylor, a graduate of Brown University and Northwestern Law School, is a founding partner of the People’s Law Office in Chicago, an office which has been dedicated to litigating civil rights, police violence, government misconduct, and death penalty cases for more than 40 years.
—-
Neo-Colonial Regime Kill Peaceful Ambazonian Protesters in Africa
Ambazonia is an English-speaking territory located between Cameroon and Nigeria in West Africa. Also known as the Southern Cameroons, for most of its recent history it has been under military occupation by the French neo-colonial regime in Cameroon. A majority of Ambazonians reject the legitimacy of this regime and its military control.
In violation of an agreement to create an equal confederacy between the two autonomous states, French Cameroon has been dismantling and defunding Ambazonian systems, and pillaging its resources since the country was created in 1961.
Since December 2016, French Cameroon military has responded to peaceful protests with force, killing over 400 civilians. 200 more have been disappeared and are feared dead. More than 90 villages burnt down, resulting in 60,000 people fleeing to neighboring Nigeria.
More than 2,500 activist and peaceful protesters imprisoned, some tried in military courts, a violation of international law, and some sentenced for terrorism and other unjustifiable charges. Prisoners include prominent nonviolence advocate Julius AyukTabe and 11 of his senior aides, arrested in January 2018, and unlawfully repatriated. Julius’s appeal hearing just happened last Thursday.
On January 26, 2018—with no extradition treaty between Cameroon and Nigeria, and without a presiding judge—Nigeria forcibly handed 10 of the prisoners and 37 other refugees to Cameroon. That was in violation of international law forbidding a country receiving asylum seekers from returning them to a country where they likely face persecution. This action drew condemnation from Amnesty International, the UNHCR, the U.S. Department of State, and other leading human rights advocates. The Ambazonia Prisoners of Conscience Support Network, or APOCS, was recently formed to address this crisis.
Guest – Sphynx Eben, a founding member of APOCS and also a longtime media organizer with the Indymedia Africa Working Group. https://www.facebook.com/apocsnetwork/
——————-
——————-
