blog

July 24, 2016

Killing with Robots Increases Militarization of Police

As in many cities around the country, Black Lives Matter held a demonstration in Dallas to protest the police shootings of two more black men, Alton Sterling of Louisiana and Philando Castile of Minnesota. During the demonstration, Micah Xavier Johnson, an Army veteran who served in Afghanistan, mounted his own personal, deadly protest by shooting police officers guarding the nonviolent rally. Five officers were killed and seven wounded.

After negotiating for some time with Johnson, who was holed up in a community college parking garage, police sent in a robot armed with explosives and killed him. Dallas police chief David Brown said, “We saw no other option but to use our bomb robot and place a device on its extension for it to detonate where the subject was,” adding, “Other options would have exposed our officers to grave danger.”

The legal question is whether the officers reasonably believed Johnson posed an imminent threat of death or great bodily injury to them at the time they deployed the robot to kill him.
Johnson was apparently isolated in the garage, posing no immediate threat. If the officers could attach explosives to the robot, they could have affixed a tear gas canister to the robot instead, to force Johnson out of the garage. Indeed, police in Albuquerque used a robot in 2014 to “deploy chemical munitions,” which compelled the surrender of an armed suspect barricaded in a motel room.

Read more

July 6, 2016

How Justice Scalia’s Absence Has Affected the Supreme Court’s Decisions

If Justice Antonin Scalia had survived to participate in the remainder of the 2015-2016 Supreme Court term, his vote would have made a significant difference in the resolution of several cases. Moreover, if the Senate had confirmed Merrick Garland to fill Scalia’s seat, some of those cases might well have turned out differently. From unions’ rights to tribal jurisdiction, immigration and birth control, Scalia’s absence has already impacted a number of important decisions, foreshadowing how the country might be shaped by substantial changes to the court’s makeup over the next president’s term.Read more

Numbers in Obama’s Drone Deaths Report Just Don’t Add Up

More than three years after President Barack Obama pledged to be transparent about the United States’ lethal drone program, his administration has finally come forward with an accounting of the numbers of civilian deaths that resulted from drone strikes between Jan. 20, 2009, and Dec. 31, 2015. But they only cover airstrikes “outside areas of active hostilities,” which encompasses Pakistan, Yemen, Somalia and Libya. Civilian deaths in Afghanistan, Iraq and Syria are not included in the report.

As expected, the administration’s numbers are significantly lower than tallies documented by leading nongovernmental organizations (NGOs), including the London-based Bureau of Investigative Journalism, New America and The Long War Journal. Obama’s Office of the Director of National Intelligence(DNI) sets the figure of “noncombatant deaths” at between 64 and 116. The NGOs , however, estimate between 200 and 1,000 civilian deaths occurred as a result of U.S. drone strikes in the areas, and during the time periods, covered by the DNI report.Read more

June 22, 2016

US Bombing Syrian Troops Would Be Illegal

In an internal “dissent channel cable,” 51 State Department officers called for “targeted military strikes” against the government of Bashar al-Assad in Syria, a proposal that President Barack Obama has thus far resisted. However, were he to accept the cable’s advice, he would risk a dangerous – possibly catastrophic – confrontation with Russia. And, such a use of military force in Syria would violate U.S. and international law.

While the cable decries “the Russian and Iranian governments’ cynical and destabilizing deployment of significant military power to bolster the Assad regime,” the cable calls for the United States to protect and empower “the moderate Syrian opposition,” seeking to overthrow the Syrian government.

However, Assad’s government is the only legitimate government in Syria and, as the sovereign, has the legal right to seek international support as it has from Russia and Iran. There is no such legal right for the United States and other countries, such as Saudi Arabia and Turkey, to arm Syrian rebels to attack Assad’s government.

Read more

June 15, 2016

New York Governor’s Unconstitutional Order Enables Israeli Occupation

Over the past year, several attempts in the New York legislature to pass laws protecting Israel against the boycotts, divestment and sanctions collectively known as “BDS” have failed. BDS punishes Israel for its illegal occupation of Palestinian lands. In an unprecedented end run around the legislative process, Gov. Andrew Cuomo issued an executive order this month that would accomplish just what the legislature has refused to do.

Cuomo’s order directs all agencies under his jurisdiction to discontinue all dealings with companies and organizations that support BDS. It also mandates that Cuomo’s commissioner compile a list of institutions and companies that support a boycott of Israel. The blacklist will be publicly posted. The burden of proving that these entities do not support the boycott is on the companies and institutions themselves.Read more

June 6, 2016

The Racial Divide Between Sanders and Trump

As I sat in the San Diego sunshine yesterday listening to Bernie Sanders outside of Qualcomm Stadium, I was struck by the stunning contrast between the senator and Donald Trump, particularly on the issue of race.

Sanders emphasized racial justice, citing the courage of African Americans and their allies who fought against racism and bigotry during Jim Crow. He talked of the thousands of undocumented workers who are ruthlessly exploited, overworked and underpaid, vowing to end the current deportation policies. Sanders seeks to “unite, not divide families.” And he wants to “fundamentally change” the federal government’s oppressive relationship with the Native American community.Read more

May 16, 2016

Michael Ratner’s Death Is a Loss for Freedom, Peace and Justice

Legendary human rights lawyer Michael Ratner died Wednesday. His pathbreaking legal and political work on behalf of the poor and oppressed around the world is unmatched. His death is an incalculable loss for the cause of freedom, peace and justice.

The last time I saw Michael was shortly before he was diagnosed with cancer. We were in New York for the annual dinner of the National Lawyers Guild (NLG). Both of us had served as NLG presidents, he during the Reagan years, I during the George W. Bush administration. When we met in New York, Michael had just returned from Cuba, where he had a wonderful visit with Gerardo Hernández, one of the Cuban Five. I was about to leave for Cuba, where I would meet with René González and Antonio Guerrero, two other members of the Cuban Five.Read more

May 4, 2016

Obama Can Burnish His Legacy by Meeting With Agent Orange Victims in Vietnam

At the end of May, President Obama will visit Vietnam, where he will have an opportunity to burnish his foreign policy legacy. Obama has taken some bold steps in that direction: He engineered a critical agreement with Iran to defuse its nuclear program, and he recently traveled to Cuba and began the process of normalizing relations between the U.S. and Cuba.

But Obama needs to do more to overcome his hawkish foreign policy legacy. His administration has killed thousands of people — many of them civilians — with drones and manned bombers. The vacuum created by his regime change in Libya destabilized that country and led to the rise of ISIS (also known as Daesh).

With his forthcoming visit to Vietnam, Obama can fortify his legacy by meeting with victims of Agent Orange the United States sprayed on Vietnam during the war. He can then accurately assess the tragic situation the U.S. created there and take steps to remedy it.

Read more

April 18, 2016

Sanders and Clinton: Palestinian Defender vs. Israel Apologist

An amazing thing happened at the prime-time Democratic debate in Brooklyn on Thursday. A few days ahead of Tuesday’s delegate-rich New York primary, presidential candidate Bernie Sanders dared to criticize Israel. Rival Hillary Clinton, on the other hand, stood firm as an uncritical apologist for Israel.

CNN’s Wolf Blitzer asked Sanders to explain his assertion that Israel’s actions during the 2014 Israel-Gaza conflict, after Hamas launched rocket attacks on Israel, was “disproportionate and led to the unnecessary loss of life.” Sanders stated that Israel has the right to defend itself and “to live in peace and security without fear of terrorist attack,” adding, “That is not a debate.”

But Sanders went on to say that 10,000 Palestinian civilians had been wounded and 1,500 were killed. Sanders actually understated the fatalities. According to an independent international commission of inquiry convened by the United Nations Human Rights Council, more than 2,100 Palestinians lost their lives in that conflict.Read more

March 18, 2016

Human Rights Hypocrisy: US Criticizes Cuba

In advance of President Barack Obama’s historic visit to Cuba on March 20, there is speculation about whether he can pressure Cuba to improve its human rights. But a comparison of Cuba’s human rights record with that of the United States shows that the US should be taking lessons from Cuba.

The Universal Declaration of Human Rights contains two different categories of human rights – civil and political rights on the one hand; and economic, social and cultural rights on the other.Read more