NLG Press Blog2010-03-15T21:17:03ZNLG National OfficeCopyright 2010, NLG National OfficeSPHPBLOGNational Lawyers Guild Files Amicus Brief on Behalf of Professor Ward Churchill Contact: Paige Cram, Communications Coordinator, communications@nlg.org, 212-679-5100, ext. 15
New York—The National Lawyers Guild filed an amicus curiae (“friend of the court”) brief in the Colorado Court of Appeals on February 18 in the case of Churchill v. The University of Colorado in support of the tenured professor who was fired over constitutionally-protected statements.
In the brief, the Guild argues that politically-motivated, wrongful discharges are a threat to academic freedom and the First Amendment rights of all university faculty members. Universities are traditionally a haven for free speech, but allowing the termination of faculty over unpopular, but constitutionally-protected, comments will have a chilling effect on campuses nationwide. The brief notes, “The suppression of free inquiry and critical thinking vitiates the First Amendment and undermines the foundation of higher learning in this country.”
The Board of Regents of the University of Colorado launched an ad hoc investigation into all of Professor Churchill’s writings and public statements after he wrote a post-9/11 op-ed critical of U.S. foreign policy. This is part of an alarming trend, particularly on campuses, by reactionary forces to persecute and expel progressives who voice dissent.
The brief was submitted in conjunction with the Center for Constitutional Rights, Latina/o Critical Legal Theory, Inc, and the Society of American Law Teachers, as well as several individual attorneys.
The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.
###]]>http://www.nlg.org/news/index.php?entry=entry100223-1409242010-02-23T00:00:00Z2010-02-23T00:00:00ZNational Lawyers Guild Calls on Iranian Government Halt Executions and Arbitrary Detentions Contact: Paige Cram, Communications Coordinator, 212-679-5100, ext. 15, communications@nlg.org
New York--On the opening of the United Nations Human Rights Council’s 7th Session Universal Period Review of the Islamic Republic of Iran, the National Lawyers Guild calls upon the Iranian government to halt the execution of and immediately release those detained arbitrarily for engaging in peaceful protest, to investigate reports of their ill-treatment, and to fully respect the Iranian citizens’ right to freedom of expression and assembly.
The National Lawyers Guild reiterates the grave concerns of UN experts about reports of killings, ongoing arrests, use of excessive police force, and the ill-treatment and possible torture of detainees. “We would like to emphasize the UN High Commissioner’s reminder to the government of Iran that it is obligated to protect human rights defenders, as well as the press, from any form of violence, intimidation, or discrimination, and to hold accountable those who engage in such activities,” said Jeanne Mirer, Co-Chair of the National Lawyers Guild International Committee.
“Today, we join international human rights organizations in condemning the extra-judicial executions and arbitrary convictions of political activists aimed at intimidating and silencing the people of Iran,” said Nancy Hormachea, Co-Chair of the Iran Subcommittee of the National Lawyers Guild. “In particular, we are gravely concerned for the fate of at least 16 defendants who face imminent execution or harsh and repressive punishment for participating in peaceful post-June 12th rallies.” More than 3,000 peaceful political activists remain in detention and are at grave risk of mistreatment.
The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.The National Lawyers Guild does not advocate military aggression or sanctions against the Islamic Republic of Iran.
###]]>http://www.nlg.org/news/index.php?entry=entry100218-0850312010-02-18T00:00:00Z2010-02-18T00:00:00ZNational Lawyers Guild Calls on the New York Bar Association to Immediately Rectify its Panel "Sharing Their Points of View: Tips from Both Sides" Contact: Stephanie Morin-Taylor, NLG Anti-Sexism Committee, 347-592-2294 Garrett Wright, NLG Anti-Racism Committee, 646-459-3012
New York--The National Lawyers Guild New York City Chapter (NLG - NYC) and the national NLG Anti-Sexism and Anti-Racism Committees continue to have serious concerns about the upcoming New York State Bar Association (NYSBA) panel previously entitled "Their Point of View: Tips from the Other Side" and currently entitled "Sharing their Points of View: Tips from Both Sides." While the NLG-NYC appreciates NYSBA's recent decision to include women on what had been a male-only panel, the panel remains problematic for the following reasons.
First, the new panel description continues to state that male attorneys will be giving “tips” to women about what they can do to “strengthen their practice”. This suggests that the discussion may still result in the perpetuation of gender stereotypes and a failure to openly address the ways in which sexism delimits the opportunities and experiences of women in the workplace.
Furthermore, any discussion of challenges that women face in the legal profession must also recognize that sexism is shaped by other forms of oppression including discrimination on the basis of race, class, sexual orientation, age, nationality, and physical or mental disability.
Second, to the extent that men can contribute to such a discussion, they should be encouraged to direct their remarks to the ways in which institutionalized, organizational and interpersonal sexism is manifested in the legal profession. We hope this change in focus would result in a greater commitment on the part of men on the panel and in the audience to engage in critical self-reflection and action to fight sexism wherever it exists.
We therefore call upon the NYSBA Committee on Women in the Law to incorporate the foregoing recommendations into the January 26th, 2010 panel.
The National Lawyers Guild is dedicated to the need for basic and progressive change in the structure of our political and economic system. Consistent with its mission to work as a political and social force in the service of the people, the NLG has committees such as the Anti-Sexism and Anti-Racism Committees, which work to eradicate multiple forms of oppression within society and the legal profession.
###]]>http://www.nlg.org/news/index.php?entry=entry100125-0902522010-01-25T00:00:00Z2010-01-25T00:00:00ZNational Lawyers Guild Calls On President Obama to Withdraw Nomination of Sharon Browne to the Legal Services Corporation Contact: Paige Cram, Communications Coordinator, communications@nlg.org, 212-679-5100, ext.15
New York--The National Lawyers Guild (NLG) calls on President Obama to withdraw the nomination of Sharon Browne to the board of directors of the Legal Services Corporation (LSC). On December 17, Obama announced his intention to nominate Ms. Brown, a principal attorney and member of the senior management at the conservative Pacific Legal Foundation and a member of the Civil Rights Practice Group of the Federalist Society.
The Legal Services Corporation is the nation’s principal funder of civil legal aid for the poor. Established by Congress in 1974, it operates by providing grants to—and overseeing—independent nonprofit legal aid programs throughout the US. The LSC operates as a private, nonprofit corporation, with a board of directors composed of 11 members appointed by the president and confirmed by the Senate. By law, the board is bipartisan: no more than six members may be of the same political party.
The Pacific Legal Foundation, in contrast, describes itself as a "public interest legal organization that fights for limited government, property rights, individual rights and a balanced approach to environmental protection." At the PLF, Browne has authored briefs arguing against race-based school district assignment policies. She and the PLF have also been ardent supporters of Prop. 209, the 1996 ballot initiative that ended most affirmative action programs in California.
Not only does the PLF oppose much of what Legal Services stands for, but it has also directly opposed funding for Legal Services agencies. The PLF filed an amicus brief seven years ago in support of litigation challenging the legality of IOLTAs, or Interest on Lawyers Trust Accounts, which are an essential supplementary funding resource for Legal Services agencies around the country.
While this slot on the LSC Board cannot legally go to a Democrat and while the minority members are traditionally selected by the minority party’s congressional leadership, there is no legal bar and ample precedent for naming an independent rather than a member of the opposition party. At the very least, the president is obligated to nominate someone who believes in the importance of ensuring that the poor be afforded the legal services they need. We note, for example, that the recently-deceased former head of the Legal Services Corporation, William McAlpin, was a Republican who fought vigorously to strengthen it.
The National Lawyers Guild calls on President Obama to withdraw Sharon Browne's nomination and either appoint an independent or invite the Senate Minority Leader to offer a candidate who will seek to strengthen the Legal Services Corporation.
The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.
###]]>http://www.nlg.org/news/index.php?entry=entry091222-1110152009-12-22T00:00:00Z2009-12-22T00:00:00ZNational Lawyers Guild Releases Policy Paper on How Corporate Interests Influence State Terrorism Legislation Contact: Paige Cram, 212-679-5100 ext. 15
New York--The National Lawyers Guild has issued a policy paper showing the influence of model legislation drafted by the American Legislative Exchange Council (ALEC), a conservative group of state legislators, on state legislation around the country.
Federal legislation passed in 2006, the Animal Enterprise Terrorism Act (AETA), was largely drafted by ALEC and has drawn a great deal of attention and criticism from animal rights and environmental activists. The Act which purports to protect animal enterprises from so-called “eco-terrorists,” is a vague and unnecessarily broad law that has already been used to restrict First Amendment rights. The Guild’s policy paper, Beyond AETA: How Corporate-Crafted Legislation Brands Activists as Terrorists, explains that AETA is not unique in this respect. Similar bills have been introduced in several state legislatures over the last few years, and most of them stem from the model bill produced by ALEC.
ALEC’s model legislation:
- Suggests adding the phrase “politically motivated” to the definition of an “animal or ecological terrorist organization,” which clearly shows that the bill is designed to suppress speech based on its content. - Defines illegal activity so broadly that anyone using the Internet or email to plan (or even express support for) an act of “animal or ecological terrorism” can be charged. - Creates a “terrorist registry” – an online database open to the public which contains names, addresses and photos of everyone convicted of “animal or ecological terrorism.”
NLG Executive Director Heidi Boghosian said: “Although many states considered and outright rejected the ALEC bill soon after its release, there are still signs that parts of the legislation are being incorporated in some states’ laws that equate animal rights activists with domestic terrorism. The Guild remains vigilant in tracking the development of such overly-broad legislation.”
The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.
### ]]>http://www.nlg.org/news/index.php?entry=entry091214-1025562009-12-14T00:00:00Z2009-12-14T00:00:00ZNational Lawyers Guild Files Amicus Curiae Brief in Hammer v. John D. Ashcroft, et al. Contact: Paige Cram, communications@nlg.org, 212-679-5100, ext. 15
New York--The National Lawyers Guild filed an amicus curiae (“friend of the court”) brief in the Supreme Court on November 27 in the case of Hammer v. John D. Ashcroft, et al., in support of death row inmates’ right to person-to-person meetings with reporters.
The Guild's brief focuses on the fact that the current Bureau of Prison’s (BOP) proscription of in-person communication is inappropriately based on the anticipation that the speech will be offensive to government officials and the public discourse. The BOP’s interest in preserving security within the penal system does not permit it to censor speech absent a legitimate concern to justify the restriction of this fundamental right to free speech and free association.
The general public has a right to hear, through the media, first-hand accounts of current conditions in prison, whether they reveal unsafe and abusive behavior or simply the banal realities of life on death row and what brought them there. In-person communication also affords the wrongly accused a forum to proclaim their innocence. Lack of direct access to the media decreases the chance that claims of innocence will be heard and investigated.
The NLG brief argues that in Hammer v. Ashcroft, the Supreme Court has the opportunity to uphold the fundamental right to free speech and to afford transparency to the penal system’s workings by reversing a recent trend of curtailing inmate’s rights. The brief notes, “This Court’s past decisions granting deference to corrections officials are premised upon a limited judicial role in policymaking. But the wisdom of the Constitution in leaving policy decisions to the more democratically responsive branches is undermined if this Court does not uphold First Amendment principles that ensure an informed public, able to serve as a meaningful check on those branches and the danger of policymaking based on prejudice rather than facts.”
The brief was authored by Professor Zachary Wolfe of the George Washington University and NLG Executive Director Heidi Boghosian.
The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.
View the full text of the amicus brief at www.nlg.org.
### ]]>http://www.nlg.org/news/index.php?entry=entry091201-1125022009-12-01T00:00:00Z2009-12-01T00:00:00ZNational Lawyers Guild Calls for the U.S. to Disavow the Legitimacy of Elections in Honduras Contact: Paige Cram, Communications Coordinator, communications@nlg.org, 212-679-5100 Susan Scott, NLG International Committee, 415 669-1745, syscott@prodigy.net
New York—The National Lawyers Guild calls on President Obama and the U.S. Department of State not to recognize the elections in Honduras, which were conducted under the control of an illegitimate coup government.
In the week leading up to Sunday’s elections, several NLG members went to Honduras to document conditions there. Tanya Brannan and Kevin Breslin reported numerous repressive measures taken by military and police under command of the Coup government. “While CNN reports a 70% turnout at the elections, even the official Honduran electoral agency admits a mere 1.7 million Honduran voted yesterday,” said Brannan. “So even by the government’s own admission, some 70% of Hondurans voted not to legitimize the military coup. Can our government do any less?"
Yesterday, member Tanya Brannan stood outside the U.S. Embassy in Honduras in protest of the U.S. government’s apparent support of the election. The demonstration drew substantial attention from the Honduran national police, including their elite riot squad, the Cobras, who came out in force. As one bystander observed, “The U.S. government has brought out their helicopters and Honduran riot police to repress a handful of their own citizens trying to exercise their right to free speech. What are they afraid of?”
The National Lawyers Guild has been monitoring the situation in Honduras since the military removed the duly elected president, Manuel Zelaya, on June 28. A climate of fear, intimidation and the suppression of the most basic rights of free association and speech has resulted in the closure of media outlets that are opposed to the coup. There has been widespread militarization, along with assassination, detention, threats, rape, surveillance and harassment of the leadership and supporters of the coup resistance.
Having analyzed the legal and constitutional issues involved and sending delegations to Honduras, the NLG has verified that the election of November 29, 2009 was not free, fair or transparent, and the United States government should join the international community in refusing to recognize its legitimacy. It should speak out forcefully against the coup, close down all U.S. military operations in Honduras, and block all U.S. aid and trade that benefits the illegal coup and its supporters.
In August, the NLG sent a joint delegation to Honduras with the Association of American Jurists and International Association of Democratic Lawyers to meet with members of the Honduran Supreme Court and other government officials supporting the coup and leaders of the coup resistance and social movements. Their preliminary report, including an analysis of the constitutional issues, is available on the website of the NLG International Committee: http://www.nlginternational.org/com/main.php?cid=1.
The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.
### ]]>http://www.nlg.org/news/index.php?entry=entry091130-1113592009-11-30T00:00:00Z2009-11-30T00:00:00ZNational Lawyers Guild Stands by Longtime Member Lynne Stewart as she Surrenders to Federal Custody Contact: Paige Cram, 212-679-5100, ext. 15
New York. The National Lawyers Guild issues its continued support of longtime member and former veteran civil rights attorney Lynne Stewart, who was ordered to report to by 5pm to 500 Pearl Street in Manhattan. The U.S. Court of Appeals for the Second Circuit also ordered Judge John G. Koeltl to hold a hearing on December 2 on whether to increase the 28-month sentence he ordered in 2006.
Speaking about the prosecution of Ms. Stewart, National Lawyers Guild President David Gespass said, “We are proud that Lynne has been, is and continues to be a member of the National Lawyers Guild. Her long history of vigorous advocacy on behalf of the most unpopular of clients is an example to all of us and reflects a commitment to justice and due process that is too often only given lip service by the bar.”
Since Lynne Stewart's April 2002 indictment, the National Lawyers Guild has assisted her in launching a broad-based, national education campaign about the impact that her indictment would have on the Sixth Amendment right to an attorney.
NLG Executive Director Heidi Boghosian said, “With the upcoming trial of Khalid Sheikh Mohammed and others, we remain concerned that defense lawyers will shrink from the obligations of vigorous, effective representation. The rule of law requires that everyone, without exception, be provided effective counsel and insuring that will ultimately enhance our liberty and safety.”
The National Lawyers Guild, founded in 1937, is headquartered in New York and has chapters in nearly every state. The Guild has a long history of representing individuals whom the government has deemed a threat to national security. The organization also helped expose illegal FBI and CIA surveillance, infiltration and disruption tactics, leading to enactment of the Freedom of Information Act and other limitations on federal investigative power.
### ]]>http://www.nlg.org/news/index.php?entry=entry091119-1222162009-11-19T00:00:00Z2009-11-19T00:00:00ZNational Lawyers Guild Calls for Immediate and Independent Investigation into Assassination of Imam Luqman Ameen Abdullah by FBI Agents in Dearborn Contact: Paige Cram, Communications Coordinator, 212-679-5100, ext. 15, communications@nlg.org
New York—The National Lawyers Guild (NLG) calls for an immediate and independent investigation into the FBI’s fatal shooting on October 28 of Islamic leader Imam Luqman Ameen Abdullah in Dearborn, Michigan. The FBI killed him during a series of raids of the Masjid Al-Haqq Mosque by federal and local law enforcement officials in which 11 others were arrested. While mainstream media outlets are calling the killing and arrests a counter-terrorism operation, the raids arose out of criminal complaints containing no specific allegations of violations of federal law or acts of terrorism.
All reports from local residents and community leaders indicate that Imam Abdullah and Mosque members were dedicated to improving the community, feeding hungry neighborhood residents and helping young people in need, even letting many sleep in the mosque during inclement weather.
By publicizing the killing and arrests as related to terrorism, absent any such allegations in the complaint, the FBI seems to be engaging in the same tactics used in its Counter Intelligence Program (COINTELPRO), in which it spied on, infiltrated and disrupted political movements. Imam Abdullah had a close relationship with Imam Jamil Abdullah al-Amin, formerly known as H. Rap Brown, who was a field organizer for the Student Nonviolent Coordinating Committee (SNCC) and later served as national chairman of the Black Panther Party (BPP).
The FBI and mainstream media blamed the organizing work of SNCC for the urban rebellions in over 200 cities in the late 1960s. The Black Panther Party was COINTELPRO’s primary target, but it targeted a vast array of others, including Martin Luther King. In light of these events, we cannot trust the claim that COINTELPRO has been abandoned. Many have been imprisoned on spurious charges—Al-Amin, for example, maintains his innocence in the deaths of Atlanta law-enforcement officers and has sought an appeal of his case. Reports indicated that he has been harassed and placed in isolation in the Georgia prison system. Over two dozen BPP members were killed by law enforcement between 1968 and 1971.
The National Lawyers Guild advocated on behalf of, and represented, members of the BPP and other political organizations. The FBI tried to have the Guild labeled as a subversive organization, and for many years spied on and infiltrated the association and its individual members.
Guild president David Gespass said, “It took more than twenty years to prove in court that Fred Hampton and Mark Clark were targeted and murdered by the FBI and Chicago police. We cannot wait that long for the truth of what happened to Imam Abdullah.”
The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.
###]]>http://www.nlg.org/news/index.php?entry=entry091102-0817132009-11-02T00:00:00Z2009-11-02T00:00:00ZNational Lawyers Guild and other human rights groups issue open letter to Eric Holder Contact: Paige Cram, Communications Coordinator, 212-679-5100, communications@nlg.org
New York--Seventeen human rights and civil rights organizations and 45 prominent lawyers and civic leaders have sent a letter to Attorney General Eric Holder last week urging him to appoint a special independent prosecutor to investigate and prosecute Bush officials and lawyers involved in setting illegal interrogation policies.
Holder had expanded the mandate of Justice Department lawyer John Durham to include a preliminary investigation but limited Durham’s focus to a handful of interrogators who exceeded the limits set by the “torture memos.”
The groups and individuals stressed that the special prosecutor should come from outside the Department of Justice and not limit the investigation to low-level operatives, but “should investigate and prosecute all those who ordered, approved, justified, abetted or carried out the torture and abuse.”
The letter cites “political pressure” which has “led to [Holder’s] office taking too narrow an approach to the investigation.”
Signatories of the letter include the National Lawyers Guild, Center for Constitutional Rights, U.S. Human Rights Network, and Psychologists for Social Responsibility, as well as prominent torture survivor Sister Dianna Ortiz. Also signing is the International Association of Democratic Lawyers, the American Association of Jurists and many other international bar associations. They urge Holder to “hold firm against any attempts by former Vice President Dick Cheney, the CIA directors, and the media to silence those who demand that the United States hold accountable those who have committed and authorized torture.”
Both the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Geneva Conventions “expressly require the United States to either extradite or initiate prosecution of persons who are reasonably accused,” the letter says, adding “this is a legal obligation.”
“Whether actionable intelligence was gained is not the issue,” the letter in conclusion reminds the Attorney General, and says that he cannot “pick and choose those laws you will enforce.”
Founded in 1937, the National Lawyers Guild is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York, and it has chapters in every state.