City News NATIONAL LAWYERS GUILD – NYC CHAPTER FALL 2012

SPECIAL OCCUPY EDITION Mass Defense Support for OWS Criminal Cases BY Ben Meyers, Mass Defense Coordinator “It’s going to be a long day for you guys – they’ve already started arresting people downtown,” the senior court officer told me on the

By Griffin Lotz/RollingStone.com © 2012 morning of November 17. Two days after the raid on , this was a day of mass demonstrations confronting the injustices of global capital at its symbolic center in the Financial District. Twelve blocks from Wall Street at the Criminal Court, it was also the arraignment day for 30 of more than 700 people arrested on the Bridge six weeks earlier. We were standing outside the Ben Meyers legal observing at Pussy Riot Solidarity Demo, August 17, 2012 fifth floor courtroom where a small team of volunteers were expedit- ing the defendants’ court appearances. And the officer was right, it was a long day in the middle of a very long week. On the morning of the park’s eviction, as hundreds of arrests were taking place all Resistance Builds to over downtown and Guild attorneys were arguing for an emergency injunction against the City, there had been almost 60 arraignments of Bridge arrestees, and an equivalent number were arraigned the next Stop and Frisk day as well. Through careful planning and the labors of a dedicated by meghan maurus cadre of people, though, we were able to keep track of who was being Since 1968 New York’s Mass Defense Committee has represented represented by which lawyers, whether they accepted the prosecution’s people arrested exercising their First Amendment rights. And, the offer, and if not, when they would next be due in court. All this infor- commitment has been in high gear over the past year as NLG attorneys mation was sent back to the Chapter office and logged into a database have supported and/or represented literally thousands of folks arrested created for this purpose. This was one of the ways in which the Mass at protests in . While our work representing Occupy Defense Coordination Committee (MDCC) supported the attorneys Wall Street demonstrators has received the most attention, we have who were representing protesters arrested at . also represented dozens of individuals involved in smaller, but no less continued on page 9 important activist movements. The movement to Stop Stop and Frisk has been among the most effective protest movements in the city. The INSIDE THIS ISSUE: Mass Defense Committee has provided substantial support to that Special OWS Report...... 3-11 movement over the last year. Feds Stage First Annual Fbi Muslim Conference...... 14 Over the years an amazing resistance movement against Mass Muslim Defense Project...... 15 Incarceration and the Prison Industrial Complex has been built in New York City, and throughout the country. One chapter of this fight Jazz Hayden’s Struggle...... 16 occurred on October 21, 2011 when around two hundred people Guild in Action...... 17 gathered at the State Office Building on Adam Clayton Powell Jr. Blvd Lynne Stewart Speaks from Behind the Prison Wall...... 18 and 125th St. Those in attendance were from a large cross section of Member News...... 19 New York. Some were connected to community groups, including A Portrait of Gus Reichbach...... 21 Stop Stop and Frisk and the Stop Mass Incarceration Network. Others Remembering Richard Bellman...... 22 were from the community policed by the 28th precinct who were just David G. Lubell and the Guild...... 22 passing by and were drawn in by the signs and speakers. After a series Law Student News...... 23 of speakers and chants these folks marched down to the 28th precinct Anti-Racism Committee Update...... 23 chanting “We won’t stop until we stop stop and frisk,” and other Spring Fling 2012...... 24 chants. Folks joined the march as it progressed. When they arrived From the Archives...... 26 continued on page 12 NATIONAL LAWYERS GUILD New York City News

EDITORIAL BOARD Bruce K. Bentley Nora Carroll Michael Fahey NLG-NYC Aaron Frishberg Setareh Ghandehari Susan C. Howard Paul Mills Graphic Design: Judith Rew holiday party CHAPTER OFFICERS President Wednesday, December 19, 2012 • 6:30-9:30pm Gideon Orion Oliver Vice Presidents Bruce K. Bentley Lamis Deek MUSIC • FOOD • DRINKS • CHEER Treasurer Sarah Kunstler New York County Surrogates Court EXECUTIVE COMMITTEE Bina Ahmad 31 Chambers St., corner of Chambers and Center Susan Barrie Robert J. Boyle Courtroom of Hon. Kristin Booth Glen, Room 503 Nora Carroll Deborah Diamant Hillary Exter Please RSVP to [email protected] or 212-679-6018 Aaron Frishberg Vance Gathing Polly Halfkenny Susan C. Howard Amanda Jack Margaret Ratner Kunstler Joel R. Kupferman Yetta G. Kurland Congratulations to Our Cristina Lee Carl Lipscombe Meghan Maurus 2012 Law Graduates! Sally Mendola Ben Meyers Alexander Sascha Bollag, NYU Eugene Grinberg, NYLS Steven Miklosey, Seton Hall Daniel L. Meyers Ann M. Schneider Lee Brannon, Fordham Julia Hernandez, CUNY Katherine Moore, Columbia Geoff Schotter Valerie Brender, NYU Jessica Heyman, NYU David Morales, Columbia Heidi J. Siegfried Kevin Burke, BLS Amanda R. Izenson, NYLS Megan Neal, CUNY Martin R. Stolar Arthur Burkle, Fordham Frederic Beach Jennings V, John Nicodemo, Touro Eileen Weitzman Garrett Wright Jeannine Cahill, PACE Fordham Maggie Palmer, CUNY Chapter Coordinator Dana Capone, NYLS Shannon Karam, BLS Susanna Park, NYU Susan C. Howard Lucas Christiansen, BLS Corey Klein, Seton Hall Daniel Pearlstein, Cardozo Mass Defense Coordinator Ben Meyers Delco L. Cornett, NYLS Frances M. Kreimer, NYU Stephanie Pell, Cardozo COMMITTEE CONTACTS Amy Lien Cross, Cardozo Jesse Ladner, BLS Victoria R. Ply, Cardozo Anti-Racism Committee Briana Cummings, Columbia Robin Gordon Leavitt, CUNY Dave Pollock, Cardozo Garrett Wright Lauren K. Dasse, CUNY Cristina Lee, BLS Emily Powers, BLS Anti-Repression Committee Robert J. Boyle Adero Davis, U. of London Puichun Li, BLS Hannah Roth, BLS Environmental Justice Committee Blakeley Decktor, CUNY Courtney Libon, Fordham Ilana Rubin, Hofstra Joel Kupferman Feminist Caucus Benjamin N. Dictor, Cardozo Gabriela Lopez, CUNY Eben H. Saling, BLS [email protected] Kelly Fay-Rodriguez, CUNY Erika Lorshbough, BLS Caryn Schreiber, BLS Housing Committee Steven Dobkin Michael Figura, CUNY Diana Marin, Fordham Richard Semegram, CUNY Labor and Employment Committee Flavia Franco, Hofstra Awinna Martinez, Rutgers- Adam Shoop, CUNY Cristina Gallo Dustin Frankel, NYU Newark Phillip Starkweather, Cardozo Mass Defense Committee Bruce Bentley Eliza Gabai, Cardozo Elise McCaffrey, CUNY Celeste Tesoriero, St. John’s Military Law Committee Margaret Garrett, BLS Devin McDougall, Columbia David Urena, Fordham Aaron Frishberg Muslim Defense Committee Rachel Goldberg, NYU Michele McGuinness, CUNY Rebecca Wallach, CUNY Beena Ahmad & Bina Ahmad Allana Golovko-Rosen, BLS Zoe Meier, Indiana U. Kimberly Walters, Columbia Next Generation Committee [email protected] Matthew Gore, McGill Moira Meltzer-Cohen, CUNY Dana B. Wolfe, BLS

2 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 Jail Support for OWS Arestees by Rose Regina Lawrence step up to do jail support, and no meetings to shift. The core jail support team went on “Jail support” is an umbrella term refer- other than for specific, immediate planning. strike, telling activists that they needed to ring to various services activists provide for The goal was to make it as easy as possible to learn and use the skills and legal knowledge each other when arrested. Most of the time do jail support for the first time and to lower we had been teaching. As we prepare for the it means having people waiting with food, the threshold for participation. The remote one-year anniversary of the start of OWS, the cigarettes, a friendly face, and basic medical coordination phone line also served as a way jail support line is back up and running and assistance. It is a way that we take care of each that we could walk new people through the jail we are again rethinking how to build a system other so we can come back again to make our support processes and respond easily wherever that meets the needs of the movement. voices heard. and whenever the calls started coming in. As with any major projects, there were ups, I started attending protests in New York Our model diverged radically from how downs, and notable events somewhere in the City a decade ago, like many others, to oppose street medics tend to run jail support. When middle. Sometimes, we did really well and globalization from above, to stop unpro- we found out about arrests, we sent out texts knew exactly where every arrestee was. Other voked acts of war by the United States, and and tweets looking for volunteers, lined up times, there was confusion and people were angry that the Republican party chose to hold coverage, stayed in contact until everyone was released without support. Fundamentally, their convention in NYC to further capitalize released, and passed legal information back to jail support is trying to work with a system on the city and nation’s trauma. While the that does not want to work with us. The motivations for all of the rallies and marches NYPD learned about what we do and tried to were ongoing, the events themselves were Fundamentally, jail support is trying frustrate the support and solidarity the com- finite in length, conceived and planned for to work with a system that does not munity was offering by transferring arrestees that day. We went to pre-protest skill-shares, want to work with us. multiple times, giving out false information formed affinity groups, had phone check-ins on arrestee location, stonewalling lawyers and with people off-site in case we all got arrested family members looking to confirm the pres- or separated, and always brought markers the NLG-NYC chapter office. As our relation- ence of arrestees at precincts, and directly for writing the NLG’s phone number on ship with the Guild grew and we realized that threatening, sometimes arresting, people on our arms. Just as older activists shared this there was a serious lack of legal literacy, we jail support. We also began seeing increasing knowledge with us, we passed it along to new started seeing ourselves as activists working in usage of questioning for investigations, mali- activists. At this time, the majority of jail sup- resistance to the dehumanizing systems of the cious use of psych holds, and a continued port was organized by activist street medics, police state. Many people helped, but a core refusal to provide access to medical care for not legal activists. group of about a dozen amazing people spent many hours or sometimes at all. These are Occupy Wall Street was different than any an astronomical number of hours through not new behaviors for the NYPD. Many of us of that. It was spontaneous and rapid, with bad weather and late into the night waiting for came from relative privilege regarding police the planning and build-up taking months the release of arrestees. interactions. Through jail support we saw the instead of years. People who had never been Neither Erick nor I thought that we would real impact of the NYPD’s practices. politically active heard about it and showed still be coordinating jail support for OWS We will need jail support as long as we have up without basic orientation to street activ- seven months later. Actions did not slow a judicial system based on a punitive model, ism and without people they already knew down significantly until the mid-winter, at and policing is a major means of social control and trusted. These experiential differences which point the issue of planning for May of communities of color, Muslim communi- combined with the nature of occupation as Day already loomed large. OWS kept moving ties, and political activists. I look forward to a tactic lead to radically different jail support and shifting, setting up durable presences in seeing the new ways that activists, the Guild, needs than anything I had ever heard about, Union Square, at Federal Hall, and outside and target communities are working together let alone experienced. Trinity Wall Street. Again, jail support found to take on a system that was not built in the Initially, jail support shared the general itself in a situation where the system needed public interest. spontaneity of OWS. There was a table for the legal working group in Zuccotti and jail support happened largely through word of mouth. People had effectively self-organized to meet most basic needs, like kitchen, sanita- tion, medical, and comfort, but jail support Attention Guild Members! was always a scramble and we will never know just how many people were released without Re-up in ’12! support early on. While waiting for arrestees to be released from the 7th Precinct in early Don’t let 2012 come to an end October, Erick Setterlund and I sat down and started putting together a plan for a differ- without renewing your membership in the NLG-NYC! ent way of responding to arrests. The three basic ideas that we started with were: remote Make an early commitment to fulfill your New Year’s resolution to get coordination and dispatch using a Google active in the Guild! You can now pay your dues or make a contribution Voice number that could be easily transferred online by going to http://nlgnyc.org/how-to-join/online-membership-form/. between coordinators, premade bins of sup- plies with instructions so that anyone could

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 3 ows: Transmissions from the Frontline Photos by Jefferson Siegel.

Left Front to Right: Gabriela Lopez, April Rohman, Moira “Mo” Meltzer-Cohen Virginia Wilber, Garrett Wright, Damian Treffs, Sonya Mehta, Ben Meyers; Left Rear to Right: Bryan Marina Sherrif and Bruce Bentley Hoben, Arielle Adams, Geoff Schotter, Garrett Kaske, Damian Treffs

I started as an LO nine months ago on worst job market for new law school grads in An OWS recollection. On many evenings, D17, at the foot of the ladder over the fence recent history. So I put on my green hat and Liberty Plaza would enter moments of tense at Duarte Square. Since then, I’ve seen a lot went downtown to a park I had never really stillness before an almost certain show of of political repression and gratuitous violence noticed before, catching the very end of a force heralded by the purposeful moving by police. I have also seen activists turn to march to Wall Street. The crowd was small, to and fro by the NYPD and other agents humor, kindness, and solidarity to respond but people responded to my presence right of the state. Legal observers, myself among to violence as they continue their fight for away, telling me about some questionable them, would be gathering in twos and threes, social and economic justice. When we arrive arrests of chalkers, and of individuals discussing where to position, checking time, with our green hats and these brave people violently grabbed by police from across location, making notes. Trying to stay a thank us for being there, I feel proud to be metal barricades. But the most compelling step ahead. Those who for days or weeks part of the NLG and to bear witness to the aspect of the scene was the fact that people had been engaged in the creation of spaces courage of OWS activists. – Dan Shockley were listening to each other: most of the and forms of protest against capital and activity in the park seemed to consist of inequality could be seen passing markers OWS, Day Three: On September small-group conversations in which the from person to person, after writing the 19, 2011, I received a Mass Defense email participants were actively, meaningfully NLG-NYC Chapter number on each others’ requesting LOs at Zuccotti for the “US Days engaged. I returned the next day and the days arms. In those moments, I felt proud to of Rage” actions, and another from a Philly after, and on the following Saturday when I wear the neon-green hat, standing alongside law student in the park, worried that “a lot observed the arrests of scores of people near so many other green-hatted friends and of trained NY-area LO’s just don’t know Union Square, my post-bar funk had totally colleagues, forming part of a thin green line, that this event is happening.” Seven weeks dissipated. I knew that in the combination itself part of a legal support effort revealing earlier, I had taken the NY bar exam, and of OWS and the NLG, there was important, an inspiring radical and progressive legal was in a mighty funk, struggling to find meaningful work to be done. I had indeed community in NYC. Most importantly, I work, let alone “meaningful” work, in the found an Occupation.—Ben Meyers felt that being there was genuinely helpful: on those days and nights overflowing with continued on next page Honor Roll of NLG-NYC Mass Defense Volunteers

Diana Adams Jeremy Bingham Cynthia Chagallo Tor Ekeland Natalie Goncharov Beena Ahmad Kelsey Bissonette Breanne Chappell Tristan Ellis Debbie Gordon Bina Ahmad Matthew Blair Brian Chelcun Jeff Eloy Loren Gordon Zainab Akbar Robert Boyle David Cianci Steve Falla-Riff Alex Gorman Zainah Alfi Matt Bray Jorge Cisneros Christopher Farrighetti Mike Haber Danny Alterman Ari Brochin Cardozo Law Clinic Tiffany Fermiano Polly Halfkenny Paul Altesman Diane Brody Fordham Law Clinic Columbia Fiero Frank Handelman Judith Anderson Leslie Brody Pace Law Clinic Elizabeth Fink Sarah Hansel Noha Arafa Melissa Broudo Elena Cohen Andrew Fitzgerald Mimi Hart Todd Arena Martin Brown Tim Collins Cassie Fleming David Harvey Gabe Armas-Cerdona Mary Bruch Sal Compoccia Alex Franco Abi Hassen Brian Baum Naomi Brussel Gary Cutler Julie Fry Ian Head Peter Beadle Gregg Butterfield Jeremy Dack Cristina Gallo Rebecca Heinegg Peter Beattie Rita Cant Jeff Deutch Peggy Garry Cindy Helfman Tamara Bedic Dana Capone Deborah Diamant Paul Gebhart Rachel Herger Bruce Bentley Nora Carroll Mitchell Dinnerstein Risa Gerson Julia Hernandez Erin Berman Sundrop Carter Ari Douglas Arsalan Ghelieh Paul Higgins Joel Bharyan Christina Castro Ian Drieblatt Allana Golovko-Rosen Thomas Hillgardner Zack Biesanz Antonia Cedrone Jethro Eisenstein Alexandra Goncalves-Pena continued on next page

4 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 ows: Transmissions from the Frontline Photos by Jefferson Siegel.

Cynthia Trinh and Ed Westfield Jr. front Rosa Squillacote and Jorge Cisneros Matthew Main and Garrett Wright Damian Treffs and Marina Sheriff rear continued from previous page refusing to obey police order, blocking Hi. I was legal observing today, and possibility, while this group or that prepared vehicular traffic, occupying roadway, wanted to notify you that I’m OK and to march off or stand their ground, someone blah blah. I scanned the list of names and finishing for the evening. I observed a would walk by, nod, and say “thank you for contacts, which should be quite legible. 16 TARU officer filming the demonstration on being here.” Of course, there’s no place I’d year old kid was released to his parents who 46th St, between 6th and 7th Aves, facing rather have been. – Damian Treffs were very thankful of the NLG support. toward 7th Ave. Officer’s name is ______I have a couple folks taking names/ TARU number ______. September 18, 2011—My thanks to contact info for the rest of the folks getting Please let me know when you get a new you and to the NYC Guild again for released. I am trying to get over a cold so I shipment of hats; I felt a bit vulnerable out the opportunity to come up to NYU from needed to leave then. Should have you the there today!—Andrew Meyer the Charging Bull, do my LO training and rest of the 65 tomorrow. Let me know if return to the first day of Occupy Wall Street there’s anything else. Solidarity, Alex I was surprised by how knowledgeable with a new hat! It was an amazing, intense so many members of Occupy Wall introduction to what being a legal observer is About 200 occupiers remain in the Street were of the law. I think a part of it all about. A month into being a 1L, I can say park. A few dozen police and private security was definitely a combination of mistrust in that although the curriculum and culture are present (less than usual). Meetings still going the legal community and lack of availability difficult for me, the chance to be a part of an on. Much discussion re personal items lost/ of lawyers to them previously. But another organization like the NLG reminds me that destroyed during raid and possible legal side to that is hey, these activists are taking it’s all worthwhile.—Max McCauley options, organization issues, and formation of back the law into their hands. They’re sick smaller outreach groups in NYC communities. of being told that issues that effect them so Hi Susan & Ben, Alex v.S. reporting in. A church (could not hear name) in the completely are beyond their comprehension. Left at around 2pm. Lots of love amongst the Rockaways (I think Arverne) now has twenty I’m not saying every occupier should go protester support crew—a beautiful thing! beds open for OWS. The food was reported teach a law class, but they’re making it Releasing everyone with disorderlies—i.e. to be very good. Over 2,500 meals served. work.—Celeste Tesoriero Happy TDay! —Jane Levitt

Honor Roll continued from previous page

John Hirsch Sheyda Joolharzadeh Margaret Ratner Kunster Jane Levitt Devin McDougall Brian Hobson Matthew Junell Sarah Kunstler Jessica Levy Emi McLaine Charles Hochbaum Erica Kagan Joel Kupferman Jordana Lipscombe Carole Mehlman Sarah Hogarth Alison Kaplan Yetta Kurland Carol Lipton Moira Meltzer-Cohen Harriet Holtzman Garrett Kaske Justin LaMort Zach Liszka Annie Meredith Jessica Horani Lauren Katzman Jesse Lander Deborah Lolai Andrew Meyer Adam Horowitz Paul Keefe Maryna Lansky Gaberial Lopez Ben Meyers Deborah Hrbek Paul Keefe Elizabeth Latimer Dana Lowery Paul Mills Annie Hsu Gloria Keum Rose Regina Lawrence Thomas Luckini Neville Mitchell Kevin Hsu Sarai King Martin J. Leahy Timothy Lunceford Anthony Mohen Daetan Huck Noah Kinigstein Cristina Lee Max MacCaley Jane Moisan Jill Humpries Aaron Kleinbaum Steven Lee Elena Madison Guido Moreira Daniel Hupert Matthaw Kohut Matthew Lepacek Elliot Madison Anthony Morin Claire Huyenga Stephanie Kozic Brian Lesser Peter Madison Stas Moroz Diego Iniguez Elissa Krauss Pat Levasseur Matthew Main Bita Mostofi Asher Ireland Frances Kriemer Ursula Levelt Ariana Marmoa Edward Mostollere Amanda Jack Nan Kripke Alan Levine Jonas Martin Jamie Munro Frank Jenkins Nan Kripke Arnold Levine Meghan Maurus Caroline Nagy Sherman Jones Sarah Knuckey Zarah Levin-Fragasso Jim McCormick continued on next page

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 5 2012 Occupy Timeline: The Chapter Mobilizes Photos by Jefferson Siegel.

Cristina Gallo Cynthia Trinh, Virgina Wilber, Marina Sherrif, Joel Stephanie Kozic, Jonathan Fogel, Jessica Charniga, Kupferman, Damian Treffs, Peter Beadle, Columbia Robert Hupf, Garrett Wright, Marc Steier, Andrew Fiero, and Rob Nahoum Sawtelle, Nan Kripke, Jill Humphries, Jonathan Wallace, Marina Sherrif and Zarah Levin-Fragasso The Occupy Wall Street movement began on July 13, 2011 with a call by the Canadian magazine Adbusters: “Alright you 90,000 redeemers, rebels and radicals out there, are you ready for a Tahrir moment? Occupy Wall Street!” The response from chapter members, both long-time stalwarts and newly active, has been extraordinary. Following is a brief timeline of a some of the highlights:

µ September 1, an organizer with “U.S. Day µ September 8, the Mass Defense Committee µ In the early morning of September 17, of Rage”, an affinity group working with drafts a legal fact sheet for the GA on sleep NLG legal observers are dispatched to the “General Assembly of NYC” (GA) calls protests. Wall Street, only to find that police have the chapter for legal support for a demon- established a “frozen zone” at , µ , and stration and occupation of Wall Street on September 10 Susan Howard Heidi blocking protestors access to the area. 6 attend a GA in Tompkins September 17. Demonstrations are also Boghosian arrests are reported throughout the morn- Square Park to answer questions, give out planned for San Francisco, Los Angeles, ing. With access to Wall Street blocked, Know Your Rights materials and let orga- Austin, and Seattle. protestors gather in nearby Zuccotti Park, nizers know the NLG-NYC will be there. and begin occupation.The hotline begins to µ On September 1 and 3, the GA begins trial Upon arrival, instead of seeing the familiar ring with reports of arrests, police brutality sleep protests on Wall Street, resulting in a faces of long time activists, the majority and harassment, but unlike other reports, dozen arrests. attending the GA are fresh faced students, the GA media collective are live streaming many organizing their first protest. The video of the incidents and uploading them chapter hotline number is given out and to web, enabling hotline staff to view the begins to echo among the crowd, using the protests in real time. people’s mic, 212-679-6018. continued on next page

Honor Roll continued from previous page

Rob Nahoum Scott Pilutik Geoff Schooter Marc Steier Andre Vital Sam Natale Henry M. Pita Luke Schram Jean Stevens Jonathan Vorm Anders Nelson Lou Posner Paula Segal Martin R. Stolar Jonathan Wallace Terri Nilliasca Milo Primeaux Eric Setterlund Jason Stowe Rebecca Wallach Christine O’Heron Robert Quackenbush Rosalie Sewell Jonathan Stribling-Uss Jen Waller Gideon Oliver Karena Rahall Hasan Shafiqullah Danielle Sucher Stephen Walsh Jeff Olshansky Vanessa Ramos Nirah Shah Mark Taylor Evelyn Weiss Gideon Oliver Orion David Rankin Marina Sherrif Ionna Tchoukleva Eileen Weitzman Eric Orzick Michael Ratner Julia Shindel Nathan Tempey Charles Wertheimer Tamra Otten Omari Reid Dan Shockley Susan Tipograph Ed Westfield, Jr. Scott Paltrowitz Olivia Reyes Brian Shupak Leah Todd Zachery Whiting Sunita Patel Nina Roark Franklin Siegel Damian Treffs Odette Wilkins Harpreet Paul Stephanie Robbins Jeffrey Silberstein Cynthia Trinh Damon Worden Sarah Paule Michael Rooney Retu Singla Jack Tuckner Garrett Wright Vik Pawar Ivan Rubin Marina Sitrin Joseph Turco Ellen Yaroshefsky Flora Pereira Betzabeth Sanchez Michael Steven Smith Sary Udashkin Bruce Young Lorna Peterson Maureen Sandefer Paige Spencer John Upton Sarah Young Lorna Peterson Renee Sandefer Summer Star Alex Van-Schaick Wilfred Zamora Natalie Phelps Allen Kennedy Schaffer Wylie Stecklow Jason Veney Nikki Zeichner Zamela Vigirolamo 6 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 2012 Occupy Timeline: The Chapter Mobilizes Photos by Jefferson Siegel.

Garrett Wright foreground, Lee Brannon, background Marina Sheriff, Max McCauley, Damian Treffs, Virginia Wilber, Ed Westfield Jr., Marina Sheriff, Christine O’Heron (OWS Mutant Legal), Frank Jenkins, Dan Shockley and Paul Altesman Naomi Brussel, Jonathan Wallace and Nina Roark continued from previous page Bob Boyle, Gideon Oliver, Rebecca µ October 9, an emergency Mass Defense Committee meeting is called to organize µ September 17, Police begin daily arrests of Heinegg and Deborah Diamant, among members to take on the growing work, occupiers, at Zuccotti Park and routinely an ever growing roster of Guild attorneys, including court coordination, arraignment, during daily marches to Wall Street. begin taking on cases. civil litigation, criminal defense, office Charges include chalking the sidewalk µ September 26, the chapter hotline number staffing, legal observing, tabling and (graffiti), disorderly conduct (obscene is so widely disseminated it results in calls mentoring. language or gesture, blocking the roadway, for help from across the country. The blocking pedestrian traffic), resisting arrest, chapter urges the National Mass Defense µ October 13, Brookfield Properties issues a unreasonable noise (drumming) and Committee to respond to occupations notice to vacate 1/3 of the park for repair parading without a permit. NLG-NYC spreading across the country. The Mass and cleaning the following morning. legal observers begin nearly 24/7 coverage at Defense Committee begins holding Chapter President Gideon Oliver, with the Zuccotti Park and at daily direct actions. weekly legal observer trainings as the legal Liberty Park Legal Working Group submits a letter to Brookfield Properties advising µ September 20, at the evening GA, the community responds to calls for support. them of OWS measures to keep the park OWS legal action group recommends that µ October 1, 30 legal observers accompany clean. 21 legal observers report in. NLG-NYC, CCR and NYCLU sign off on a march from Zuccotti Park to Cadman all proposed legal actions and the Liberty Plaza. Walking onto the roadway of the µ October 14, on the morning of the Park Legal Working Group (LPLWG) is Brooklyn Bridge, protestors are corralled by scheduled “cleaning” hundreds of protestors formed. Seven protestors are arrested in police and forced to a halt. Protestors are not arrive at Zuccotti Park in solidarity with Zuccotti Park for using tarps and tents. allowed to proceed or exit and everyone on the occupiers. 30 legal observers report in and NLG-NYC attorneys were on the scene. µ September 22, a rally and demonstration the bridge is eventually arrested, including a Brookfield and NYPD back down and to protest the execution of Troy Davis legal observer. Approximately 750 arrests are cancel the cleaning. On a OWS march to marches from Union Square to Zuccotti reported. Teams of Guild members are sent the Wall Street Bull, reports of police abuse Park. A huge police presence accompanies out to police precincts across the boroughs and misconduct are widespread; a legal the march and police swarm the park in to do jail support. The majority of arrestees observer is injured by a police scooter. 15 what becomes a daily show of force. Four are released in the wee hours of the morning arrests are reported. organizers are arrested. from precincts from Bed-Stuy to One Police Plaza. Guild attorneys handle the µ October 15, on a march to , µ September 24, unsigned notices announc- arraignments of arrestees held over. OWS protestors are again kettled and reports of ing new park rules are passed out by Jail Support is formed. OWS Bail Support excessive force by police are rampant, a Brookfield Properties security officers at is formed. CUNY Law grad Ben Meyers returning Marine repudiates the NYPD Zuccotti Park. New rules include no tents or begins volunteering at the chapter office. violence. 20 legal observers report 56 arrests. tarps and no lying down, but the occupa- µ October 5, NYU walk out and TWU and tion continues to use tents and tarps, and µ October 21, the first Stop Stop & Frisk Labor Unions rally and march from Foley the occupation grows. On a march through Action at 28th precinct ends in 37 arrests. Square to Zuccotti Park and Brooklyn the West Village, protestors are penned in 2 legal observers report in. Guild attorneys Bridge. 50 NLG legal observers provide and kettled. Lt. Anthony Bologna uses pep- handle the arraignments. per spray on marchers and others penned support. 12 arrests are reported. The in on University Place. 90 protestors are chapter begins staffing a daily legal table µ October 25, the chapter puts out a call arrested. Susan Howard works the phones in Zuccotti Park to do intake, answer to the legal community to “Join the Legal for 72 hours, compiling a list of arrestees questions and give out KYR materials. The Team” to expand legal support. for Mass Defense attorneys. Guild members table is coordinated and staffed by Deborah continued on next page David Rankin and Robert Quackenbush Hrbek, Margaret Ratner Kunstler and coordinate arraignments. Martin Stolar, Pat Levasseur and a long list of illustrious Guild members.

fall 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 7 2012 Occupy Timeline: The Chapter Mobilizes Photos by Jefferson Siegel.

Jonathan Moore and Alexandra Goncalves-Pena Sarah Knuckey and Scott Pilutik Garrett Wright foreground, Peter Beadle background

continued from previous page legal observers report 260 arrests. Within µ March 17, OWS Spring Procession to hours of the raid, Guild attorneys file an µ October 26, 11 arrested on a march and Zuccotti Park results in 79 arrests. 14 legal rally in solidarity with police abuse in Order to Show Cause and get a Temporary observers report in. Guild attorneys and Oakland. 4 legal observers report in. Restraining Order, blocking the eviction, Legal Aid take on the arraignments. but on return to Zuccotti Park, the park µ , Occupy Union Square begins, µ October 28, FDNY and NYPD enter is barricaded and police refuse to allow March 20 Zuccotti Park and confiscate generators. protestors to return. Later that day, the resulting in 8 arrests. Occupiers move sleep Within hours, the LPLWG submit a letter TRO is denied. Guild attorneys take on the protests to the sidewalks. 3 legal observers to the FDNY demanding the generators’ arraignments. and Gideon Oliver report in. immediate return. µ May 1, & OWS General Strike, µ November 16, NLG-NYC Legal Table 42 legal observers, with Team Leader µ October 30 & November 4, arrestee/ volunteers move to 60 Wall Street. Marc attorney meetings are scheduled at Judson Steier, are dispatched from Bryant Park µ Church to organize new attorneys, do November 17, OWS and labor march to roaming demonstrations throughout intake of arrestees and answer basic legal and rally in a 99% day of action. 30 legal midtown, Madison Square Park, Union questions. Dozens of Guild attorneys observers report 253 arrests, Guild attorneys Square and the , 89 arrests respond and hundreds of protestors attend. take on the arraignments. are reported. µ , Stop Stop and Frisk Action µ µ October 31, NLG legal observers march November 19 June 13, a March in Solidarity with Quebec in the Parade with Occupy at 105th precinct results in 20 arrests. Student Strikers result in 13 arrests. 3 legal observers report in. Halloween µ November 24, The People’s Kitchen hold Thanksgiving Dinner in Zuccotti Park. µ µ November 1, Ben Meyers is hired as Mass June 17, at a Fathers’ Day Stop Stop and Defense Coordinator. Stop Stop & Frisk 3 legal observers report in. Frisk Silent March, 24 legal observers report 8 arrests action at 73rd precinct ends in 27 arrests. µ December 1, Bina Ahmad is hired as Civil Litigation Coordinator. µ µ November 3, on the first big OWS return Meghan Maurus August 31, Occupation of Hot & Crusty in is hired as Arraignment Coordinator. date, Mass Defense Coordinators Ben Elena Solidarity with workers fired after winning and are hired as Court Meyers, Elena Cohen, Cristina Lee, Judith Cohen Cristina Lee union recognition results in 6 arrests. Coordinators. Anderson and Erin Berman work the halls µ September 15, at OWS Anniversary of 100 Centre Street, checking in protes- µ December 17, during a OWS march and Actions, 14 legal observers report 36 arrests. tors, assigning Guild attorneys and tracking rally to Duarte Park, protestors, including µ cases. clergy, enter the park, owned by Trinity September 16, OWS sleep protest at City Church. 16 legal observers report 73 arrests Hall Plaza results in 19 arrests. µ November 13, Muslim Defense Project disseminates Know Your Rights materials and reports of police abuse are widespread. µ September 17, on the one year anniversary of OWS, 30 legal observers, lead by Team in Bay Ridge Brooklyn. µ December 31, OWS Prison Solidarity march results in 66 arrests. Leader Marc Steier, are dispatched from µ November 15, at approximately 1am Gideon Oliver and 6 legal observers report in. Bowling Green at locations throughout the police stage a surprise raid of Zuccotti Park, financial district. By day’s end, 185 arrests evicting the occupation and dumping all are reported, reports of indiscriminate possessions in waiting garbage trucks. 26 arrests and excessive force continue.

8 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 Mass Defense Support continued from page 1 The MDCC emerged from the challenge and locations of the people arrested, and briefs useful for various protest-related charges. presented by the huge numbers of arrests would make calls to determine the precincts Volunteers have also coordinated legal research around OWS. By November 1st, there had at which the people were being held and teams to write briefs on specific legal questions, already been over a thousand arrests reported if they were likely to be released from the and have (to a limited extent) helped establish to the Chapter office, with more occurring precinct. They would then fax letters of rep- mentoring relationships between new and expe- nearly every day. All of these cases would resentation, alert activist jail support and bail rienced attorneys to continue broadening the be given similar court dates, and with Guild fund managers to the arrest, inform volunteer panel of attorneys with mass defense experience. attorneys representing the majority of these, attorneys of potential arraignment needs, and The MDCC also organized numerous it was essential that we develop a way to make make sure all the relevant parties had current meetings of arrestees and of defense attor- sense of the chaos in the hallways on large information about the defendants as this neys. At the arrestee meetings, attended by return dates. To accomplish this, several dif- information changed. If necessary, the on- several hundred people at Judson Church ferent roles emerged. One person would check call person often also did the arraignments, and at several union halls, Guild attorneys defendants in upon their arrival and make many of which happened just minutes before would describe the typical sequence of a case, sure we had their correct contact info. A sec- the court closed at 1 AM. And whether the answer dozens of questions, and provide a ond person would assign clients to attorneys protesters were released from the precinct space where defendants from the same mass more or less in the order of their arrival, listing or from the court, activist jail support would arrests could share their perspectives about the names on bright yellow sheets that would be ready for their release and provide the their experiences. For many people, their be collected at the end of the day with dis- physical comfort and other kinds of support protest arrests were the first time they had positions and dates filled in. Another person needed in those moments. been arrested, and these meetings served would sit in the courtroom marking down dis- Once arrestees had been arraigned, the an important community-education func- positions on a form as cases came before the MDCC continued this support by expediting tion. Not only were attorneys able to answer judge, which would later be checked against large return dates at court. Through much general questions about such matters as the the info on the yellow sheets. Still another of the winter and spring, most cases related consequences of taking an ACD, immigra- person would address whatever other ques- to the Occupy movement were assigned to a tion issues related to an arrest, and whether to tions or problems emerged on a given day, single courtroom, known as “Jury 7,” located post accounts of their activities on Facebook, from defendants, lawyers, or court personnel. on the fourth floor of the Summons Court but more-seasoned activists could use this as All told, the presence of MDCC people in the at 346 Broadway, and presided over initially an opportunity to connect the issues around court made it possible for dozens of Guild by Judge Neil Ross, and later by Michael Occupy with other social justice issues, such attorneys to efficiently appear in literally thou- Sciarrino Jr. Defendants appearing at Jury 7 as over-policing in communities of color. sands of court appearances, while continuing would have to go through a second security These meetings also helped attorneys without the Mass Defense strategy of pushing the limits checkpoint and deposit their cell phones and much mass defense experience get a bet- of the court through sheer volume of cases. laptops with a property clerk before entering ter understanding of their clients’ concerns. The practices of the MDCC were devel- a long hallway dedicated to Occupy cases. This also supplemented the productive dis- oped over a series of meetings which happened Some return dates would involve as many cussions at the defense attorney meetings, regularly throughout the winter and into as 100 defendants, and MDCC volunteers which concerned questions about procedural the spring. At these meetings, the needs of would know whom to expect, how to reach and strategic issues related to the cases, and activists (pre- and post-arrest) and attorneys them if they were at risk of a warrant for where the perspectives of both well-seasoned were brought to the table, and procedures to non-appearance, and which attorneys were criminal defense attorneys and fresh-eyed meet these needs were developed. The general representing them. Defendants would report newcomers could be brought to the table for kinds of support we have been able to provide in with the volunteer on duty, which helped the mutual edification of all present. include tracking people in custody between attorneys immeasurably when it came time to As of this writing, there are well over a arrest and release, helping to expedite court gather up all their defendants for appearances hundred trials scheduled for the fall and win- appearances post-arraignment, providing and attorney-client conferences. The hall- ter months, many of which are consolidations various kinds of support to attorneys repre- way outside of Jury 7, incidentally, became of multiple defendants. The MDCC will be senting protesters, and hosting meetings for a de facto OWS meeting space, playing host assisting with the preparation for these trials, all concerned to share information and expe- to many informal conversations and small and will be in and around the courtrooms to riences concerning mass defense. assemblies while defendants waited to make help in whatever ways are necessary. At the The most ambitious aspect of this was their appearances inside the much-too-small same time, police continue to arrest protest- the mechanism for tracking people between courtroom. Although Jury 7 stopped operat- ers, who will continue to return to court for their arrest and their release, which relied on ing in this way at the end of June, the MDCC multiple appearances, and the cycle will con- volunteers to be “on call” whenever arrests continues to provide the same support to tinue. Mass defense coordination operates at were reported to the Chapter office, which defendants and attorneys on large return all phases of this cycle, and will continue to do could happen at any hour of the day or night. dates at Manhattan Criminal Court, and will so in order to support a strong legal defense Depending on a number of different factors, do so as cases move into the trial phase over to a robust culture of resistance and political those arrested would either be released from the fall and winter months. dissent in New York City. the precinct stationhouse after several hours Between court appearances, the MDCC has Ben Meyers began answering phones at the with a later court date for arraignment, or also been supportive of the mass defense attor- Chapter office on the day of the Brooklyn Bridge would be transferred to Central Booking for neys through a number of mechanisms. Much arrests, and continues to organize legal support processing and arraignment before release. of this has been in the online arena, such as for protesters and their attorneys with the Mass The on-call person would be given the names dedicated email lists and a digital archive of Defense Coordinating Committee. fall 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 9 Reflecting on “Suppressing Protest: Human Rights Violations in the U.S. Response to Occupy Wall Street” by Sarah Knuckey other find the officer’s name, and desire to tive be undone. The refrain of city authorities In July 2012, the ‘Protest and Assembly use available channels to seek accountability. – “The protesters are a danger! Our policing Rights Project’ – a national consortium of Yet lines of other officers prevented both legal is lawful and proper!” – was countered by the human rights and civil liberties lawyers, pro- observers and protesters from obtaining the facts. fessors, and law students at law school clinics officer’s name. And incredibly, a senior officer We also aimed to support individual across the U.S. – released a 132 page report helped the perpetrator escape the scene in an political subjecthood by securing a path documenting protest rights violations by NYC NYPD van. through which personal narratives could be authorities in their response to Occupy Wall Shortly after, the police, by threatening expressed. The injustices of impunity and Street. It was the first in a series of reports exam- arrest while wielding their batons, prevented non-recognition – especially in the face of ining the responses of U.S. cities. Based on 8 the same group of peaceful protesters from abuses by the state – exacerbate the original months of investigations, the report documented accessing a public park, open to other New rights violations. We aimed through inter- extensive violations, including excessive police Yorkers and tourists. The protesters pres- views and public reporting to support or force, unjustified arrests, abuse of journalists, ent responded with clear assertions of their facilitate individuals overcoming some of the unlawful closure of public space, pervasive sur- rights. But the rights here were so demon- disempowering and alienating effects of wit- veillance, and impunity for abuse in New York strably anemic. They could be articulated and nessing or experiencing abuse, and often not City. The report called for a full review of the claimed; one could discursively form oneself being able to address it. city’s response, the creation of an independent as a political subject able to assert rights on Through our inter-disciplinary research, inspector general for the police, investigations the street. It could be empowering to a certain methodologies, and public reporting, we had and prosecutions of officers, and the creation of extent to wield the language of rights against other related aims. We aimed to participate new NYPD protest policing guidelines to protect the officers unlawfully denying you peaceful in the larger project of bringing human rights against rights violations. The report also called assembly. But the material consequences? At “home” to the U.S., and to clarify and articu- for federal intervention, in the absence of an that moment, your rights exist, if anywhere, late the international law binding upon the adequate NYC response, and was submitted as only in language. They are irrelevant to the U.S. Crucially, we also wanted to show clearly a complaint to the Department of Justice and protection of your body. To actually seek to to the many other countries watching NYPD the United Nations. The report is available at: exercise rights in that moment would have policing that its practices breached interna- http://chrgj.org/wp-content/uploads/2012/10/ been to risk physical harm, and would cer- tional law and should not be followed. This suppressingprotest.pdf. tainly have led to arrest. became a key goal after other countries began N+1 asked one of the report’s primary The Protest and Assembly Rights Project to copy abusive NYPD policing, and rhe- authors, Sarah Knuckey, a human rights law- came together in early 2012 in response to torically attempt to justify their own abuses of yer, professor at NYU School of Law, and hundreds of such moments. It grew out of protest rights by pointing to NYPD practices. National Lawyers Guild legal observer to reflect a desire to document and publicize rights We also aimed to teach our students how on the project, why the report was written, what violations, to apply political pressure to stop to be social justice advocates, to deepen and the response to it has been since it was pub- abuses, and to make protest rights meaningful promote careful investigation methods that lished, and what the next steps are. where they matter – in the streets, in parks, others could also use (attentive to legal risks, in daily interactions with the state. New York retraumatization, standards of proof), and to At an Occupy protest one evening this past City authorities committed injustices against analyze current abuses in their historical and summer, I was legal observing and watched Occupy Wall Street protesters constantly, got international contexts and thus to make vis- as police tackled a peaceful protester to the away with it, and made people afraid to exer- ible the complex web in which any individual ground and proceeded to aggressively cuff cise their expression and assembly rights. The abuse is situated. him as he screamed in pain. His offence, pervasive pattern of abusive policing has had We intended to make clear the deeply apparently, was crossing the street at the both an immediate and long-term impact of important value of “assembly,” beyond pro- wrong time. I knelt down, a few feet from suppressing protest. Our report documented testing for or against something. Occupy’s the protester’s face, to document what was extensive chilling effects – people became, use of public space was about far more than happening, and to speak to him so that in quite justifiably, afraid of being arbitrarily expressing pre-determined ideas. It was about the midst of the violence against his body he arrested, constantly surveilled, or physically bringing people together, to deliberate, to could at least hear a voice seeking his name injured while simply gathering with others in exchange ideas, to organize, to model par- and assuring legal assistance. As I did, I saw an public spaces or while attempting to report on ticipatory democracy, and to create the space NYPD officer pull back his boot and kick the the protests. needed to formulate grievances and goals. already restrained protester hard in the face. The core goal of our research and report These broader aspects of political assembly With others, I jumped up and tried to record was to document precisely, objectively, and are also protected by law, and crucial in a the badge number and name of the officer. comprehensively what was happening at the healthy democracy. The officer turned away, hiding himself from micro incident level, and to illuminate and Most importantly, we want our docu- those who had witnessed him so blatantly clearly convey the patterns of government mentation and analysis to be leveraged in the abuse his power. In the midst of shock at the abuse. In one sense, this is a simple act pursuit of meaningful material impacts. We brutality of boot to flesh, there was empathy of witnessing, truth-telling, and historical wanted to produce a careful and thorough from those near, vocalized rage, impotence record-making. We believed it essential that report that would make our conclusions and and frustration at being unable to stop the the wrongs of the state be clearly articulated, recommendations unimpeachable, and thus abuse, strangers coming together to help each and that its attempts to monopolize the narra- continued on next page

10 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 Suppressing Protest continued from previous page force a serious government response. The as it could also readily reform its stop and of the authorities only reinforces a central ambitious aim, then, is to contribute to the frisk and surveillance policies. We can imag- finding of our report: the NYPD engages in ongoing efforts of many to reform the NYPD. ine this city responding to peaceful protests undemocratic policing, underpinned by per- These include legal, policy, and grassroots as they are required to by domestic and inter- vasive impunity for official abuse. The Mayor organizing efforts around stop and frisk, the national law – by actively facilitating them, or and the NYPD have so insulated themselves widespread surveillance of Muslim popula- simply leaving them alone. The City does not, from the basic precepts of democratically tions, and other discriminatory, unjustified, not because this is not feasible, but because of accountable policing that they don’t think and unlawful practices. limited incentives for truly accountable polic- they even have to answer documented allega- Any effort to support the achievement ing, and because those at the top have little tions of abuse. of long-term reform in policing practices interest in seeing meaningful and growing To begin to address the NYPD’s lack of requires understanding the nature and dynam- protests on the streets of New York. accountability and transparency in its policies ics of current abuses, and their immediate as The most important question then is to and actions, we are seeking police documents well as deep-seated structural causes. It also consider what pressures can be brought to through freedom of information requests. To necessitates developing a map of the pressure bear to force a change in political will so that tackle the lack of oversight of the police force, points and nodes, networks, actors, laws, and accountable and rights-respecting policing is we will continue to work with others who are institutions that can be leveraged to force real created in New York. When the report was pushing for an independent inspector general change in policing practices. This is why our published, there was widespread and favorable for the NYPD. And because NYC authori- report had such lengthy context analysis, and media coverage, and resulting public pressure ties seem unwilling to reform themselves, why we submitted it as a formal complaint on authorities. Many individuals and groups we are seeking federal intervention from the to a range of NYC, federal and international from across the U.S. and beyond contacted Department of Justice. With respect to indi- authorities. It is also why we see it as one piece us, expressing their gratitude, sharing similar vidual abuses, we will continue on-site legal in a much longer-term strategy for reform. abuses faced in other locations, wanting to observing with the National Lawyers Guild, Police abuses are always the result of a collaborate on initiatives in New York and in and will testify in court about any unjusti- myriad of factors (e.g. simple incompetence, other cities. We also received requests to use fied arrests or use of force we witnessed. Our individual “bad apples,” poor training, cul- the report in education materials for police, project will also be releasing over the next tures of impunity, poor oversight structures, and our report is cited as evidence of protest few months further reports on responses a lack of civilian accountability). In New suppression in ongoing federal litigation. in other cities, including Boston, Charlotte, York, the key factor is the failure of political But New York City authorities said noth- Oakland and San Francisco. And, impor- will on the part of senior officials. The police ing. What kind of a government is handed a tantly, because the kinds of abuses we have department could readily change course and report detailing hundreds of abuses of its citi- seen here in NYC are far from isolated, we conduct rights-respecting protest policing – zens, and does absolutely nothing? The silence have requested hearings in November this year before the Inter-American Commission on Human Rights, the regional human rights Mass Incarceration Committee Comes to New York City body for the Americas, on the criminaliza- tion of dissent across the region. We hope to North American assembly-line justice and over-incarceration is much in the pub- bring together representatives from across the lic eye of late, from Michelle Alexander’s surprise bestseller The New Jim Crow to the Americas – e.g. from the US, Canada, Mexico, Supreme Court ordering California to release over 30,000 inmates. A new committee Chile, Ecuador – to testify about the trends of of the National Lawyers Guild is taking aim at the prison system and challenging mass protest policing, and to work at the regional incarceration nationwide. level to promote rights-respecting policing. The Mass Incarceration Committee, formally recognized by the National Executive Peaceful protests and political assemblies are Committee this past April 2012, hopes to actively participate in the public discourse fundamental and necessary in all democracies, about mass incarceration. Since forming, the committee has met via monthly conference and key to democratic reform and socioeco- calls, and has extended our reach and membership to all jailhouse lawyer members of nomic justice. If we let the abuses of the past the Guild. year remain unaddressed, we will not only In New York City, the Committee will hold an inaugural meeting this fall. Local allow impunity to be further entrenched, but activities thus far include endorsing the Close Attica event of September 14 at Riverside we will see the NYPD’s protest suppression tac- Church, writing a letter to District Attorney Cyrus Vance asking him to drop charges tics spread, repeat, and stymie future social and against local activist Jazz Hayden, and participating in meetings and demonstrations economic justice movements. Indeed, we have organized by the Jail Action Coalition (activism and advocacy to improve conditions already seen other police departments copy the in local jails and Rikers Island). Also this fall, the Committee will co-sponsor a screen- NYPD’s abuses. It is common the world over ing of Philadelphia Guild member Matthew Pillischer’s film, “Broken on All Sides.” for a government that is unable to defend or New York City members are also serving on a Rapid Response Network of Committee explain its abuses to simply ignore allegations members that is being formed to quickly issue public responses such as press releases and calls for change, in the hope that they will or endorsements. go away. But the city’s abuses and non-respon- For more information or to be added to the listserv, please email Nora Carroll at carroll. siveness have only strengthened our resolve [email protected] or go to http://lists.nationallawyersguild.org/mailman/listinfo/massin- to work with others to upend the structures carceration. enabling official impunity and anti-democratic practices.

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 11 Stop & Frisk continued from page 1 Jefferson Siegal they lined up in front of the police station Justice Douglas’ words doors and arrests began shortly thereafter. ring true today, and on NLG legal observers Judith Anderson, Oct. 21 hundreds of Cristina Lee, and several others, in their New Yorkers came out conspicuous green hats, watched, recorded to join a growing chorus the events, and took down names as the of voices saying enough; arrests took place. The arrestees were taken stop stop and frisk! to the 33rd precinct and the LOs followed. After filing motions I arrived as those arrested were slowly being and numerous court Meghan Maurus and Marty Stolar released with Desk Appearance Tickets, which dates we all found our- instructed them to come back to court on a selves in room 535 in 100 Centre Street, through a separate metal detector outside the future date. As they were being released their Manhattan Criminal Court. There were 20 courtroom. They had to check in all of their names and dates when they needed to return people standing ready for trial along with electronic devices. When was read to court were recorded by an LO. All but two four NLG attorneys: Ari Brochin, Paul Mills, there was a total of 15 officers lining the sides people were released that night. The next day Marty Stolar and myself. Motions to dismiss of the room. It chilled the entire proceeding. myself and one other NLG attorney went had been denied. The District Attorney had The promise of an open and public courtroom requested four trials with five defendants each. was certainly curtailed by the extra security. John Hector, a recently released We countered with a request for one trial. But the defendants’ message came through: Navy veteran, testified to the Those arrested had been arrested together. stop the illegal, racist and immoral practice of Their trial was meant to bring greater atten- stop and frisk. That message was underlined indignity of arriving back in New tion to their cause and message. One trial by another message reiterated time and time York at the end of his service, only with twenty defendants was better suited to again by Dr. , one of the defen- to be illegally stopped, searched and that goal. On the eve of trial the judge denied dants, who said, “[W]e are here because we a motion requesting the use of the necessity love these young brothers and sisters of all ritually humiliated by the NYPD. defense. With that the trial began. colors, and especially the black and brown The trial lasted five days. Over those five ones who are subjected to being stopped and down and arraigned the last two people. days all but one of the defendants testified. frisked through no fault of their own.” The folks were out there that day to high- The testimony was powerful. One by one each Through it all the courtroom was packed light NYPD’s use of stops and frisks. It is individual stood up in front of a packed court with comrades, press and lawyers who worth recalling the narrow exception that the and told their story of how they came to be stopped by the court to watch the proceeding. Supreme Court believed it was crafting in Terry involved in stopping the racist, immoral and More than once I was asked “what exactly is v. Ohio. In that case, the Court ruled that a illegal practice of stop and frisks in New York mass defense? And, why put so much time police officer, fearing for his or her personal City. The Reverend Earl Kooperkamp, who for and effort into it?” My representation of those safety, could stop an individual and conduct years served an Episcopal Church in , protesting stop and frisk policy of the New a pat-down of the individual’s outer layer talked about seeing his congregants harassed York City Police Department offers at least of clothing in order to search for weapons, and humiliated by the police, and the negative one answer. even without suspicion amounting to prob- effects for young men growing up to see the able cause. Even under Terry, every stop that police as an enemy. John Hector, a recently The Reverend Earl Kooperkamp is not occasioned by an immediate fear for released Navy veteran, testified to the indignity talked about seeing his congregants police officer safety is a violation of the Fourth of arriving back in New York at the end of his harassed and humiliated by the Amendment rights of the frisked individual. service, only to be illegally stopped, searched Many of us know the numbers, but they always and ritually humiliated by the NYPD. Elaine police, and the negative effects for bear to be repeated. In 2011, the New York City Brower testified as the daughter, mother, and young men growing up to see the Police Department made 685,724 stops. That sister of police officers about the toll that police as an enemy. is the equivalent of one stop every 46 seconds. Stop and Frisk has taken on the officers of the The vast majority of those stopped are innocent NYPD, who are often forced by NYPD policy First, dissent, or even comment, is often of any crime. A total of 0.13% of stops result in to violate their moral convictions. Professor met with swift and harsh rebuke. The NYPD the recovery of firearms, and only 2.4% of stops Cornel West invoked the Reverend Dr. Martin sends out the Tactical Assistance Response recover contraband. Furthermore these inef- Luther King, Gandhi, Heschel, and John Unit, or TARU, to film protests. They send fectual stops are disproportionately conducted Coltrane to articulate the moral imperative out officers from the Intelligence Unit, and against people of color; 87% of individuals are of ending Stop & Frisk. The defendants repre- officers from the Legal Bureau. The police Black or Latino. Justice Douglas wrote in his sented a cross section of New York. All of them not only seek to create fissures among protest dissent to Terry v. Ohio, “[T]o give the police told powerful and moving stories. groups, they also at times violate their very greater power than a magistrate is to take a long At the conclusion of the trial Judge right to protest, and use unnecessary physical step down the totalitarian path. Perhaps such Mandelbaum sentenced all but one defendant force. Importantly for all of us to remember is a step is desirable to cope with modern forms to time served on a disorderly conduct charge. that many of our clients are those the police of lawlessness. But if it is taken, it should be Noteworthy was the amount of security. In see as most marginalized whether it be peo- the deliberate choice of the people through a addition to going through security downstairs, ple of color, immigrants, or homeless folks. constitutional amendment.” (392 U.S. 1, at 38). defendants and spectators were required to go continued on next page

12 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 The Stop & Frisk Trial Don’t Send Your Condolences by Marty Stolar participation in and contributions to the stop & frisk program Guilty verdicts were delivered in the recent trial of 20 activist were, not surprisingly, blocked by the court. Nonetheless, the issue protesters accused of disorderly conduct for their participation in remained front and center. a demonstration last Fall in front of the 28th Precinct in Harlem The defense case, which lasted almost 3 days, consisted of about the NYPD’s racist “stop & frisk” policies. If you followed the defendants testifying about who they were and why they had news, you knew that Prof. Cornel West, Rev. Stephen Phelps, Rev. become involved in the protest. Testimony included statements Earl Kooperkamp, Randy Credico, Carl Dix, Debra Sweet and oth- about how each had been personally affected by the policies and ers had begun trial on a Monday morning and held court all week why they thought there was a serious enough public and personal until the verdicts were announced Friday afternoon. issue to risk arrest in protest of them. The testimony was moving, The fact of a conviction is completely irrelevant to the outcome thoughtful, political, funny, intellectual, plain-spoken, etc. There of the proceedings from the point of view of the 20 defendants and was amazing splendor in the variety of brave and committed indi- their 4 lawyers. For them, the trial was an overwhelming victory. viduals who stood up to protest and vowed to continue to do so. It The protest had started with a rally at the State Office Building was as powerful a statement as ever has been made in a courtroom. in Harlem, continued with a march across , and ended Defense summations again mixed legal argument with the at the 28th Pct. on Frederick Douglas Boulevard and 122nd Street. politics of the protest. All of the lawyers spoke about the perceived There, a group of more than 200 made noise, chanted slogans, and failures in the prosecution’s proof, the legitimacy of the protest, held signs and banners urging the NYPD to “Stop Stop & Frisk”. and the fundamental truth of the message the protesters were car- A smaller group of about 30 then lined up along the walls and rying – that the NYPD’s stop & frisk policies had to be stopped. outer doorway of the precinct carrying their message with them. Their eloquence and arguments were a resounding condemnation After about a half-hour, they declined a request by the precinct of police misconduct. captain to discontinue their protest and were arrested. All but two When the judge convicted them all of at least one count of received Desk Appearance Tickets and were charged with two disorderly conduct (a few were acquitted on one count), we asked counts of disorderly conduct: one for blocking access to the precinct for immediate sentencing. After many defendants spoke from the and the other for refusing the Captain’s “lawful order” to disperse. heart of their feelings about the trial and the protest, the judge gave All but the 20 on trial accepted ACD’s. all but one “time served”. The one was given two days community In this context, a good political trial uses the proceeding as a service because she had fought with the judge while testifying. It platform to continue to deliver the message which sparked the was a Friday afternoon and all of the defendants and their lawyers protest in the first place—a continuation of the protest in the walked out of the courtroom proud of what they had accomplished courtroom. That is exactly what happened in this case: for 5 days since the trial began on Monday. 20 staunch opponents of the NYPD stop & frisk policies, along with The trial was a success and the convictions merely a sidelight their 4 lawyers, held forth about the inherent evils of the policies. to the 20 people who had willingly risked arrest and conviction in Opening statements provided a window not only into the First order to bring their concerns to the City’s and country’s attention. Amendment nature of the protest which led to the arrests but The trial was the platform to allow them to push the political mes- also into the policy itself and its racist and oppressive effects. The sage another step. As political lawyers, this is what we do and we openings also previewed the legal arguments to be made that the did it very well. defendants had not been guilty of all of the elements of the charged Send congratulations instead. offenses. Throughout the prosecution’s presentation of a dozen witnesses, The NLG-NYC Mass Defense Committee attorneys who tried the rigorous cross-examination revealed a number of weaknesses in the case were Paul Mills, Ari Brochin, Meghan Maurus, and Martin R. prosecution’s proof. Cross about the individual police officers’ Stolar.

Stop & Frisk continued from previous page

Having LOs on the scene, having lawyers at have many lessons to learn from those who the Mayor to end Stop & Frisk. Statistics were the ready, having the hotline up and going have come before us in this organization. This published showing a significant drop in Stop gives these folks a chance at fighting back. trial also brought attention to the message of and Frisks in recent months. Though Stop As a defender of the First Amendment right those who were arrested. The trial received and Frisk continues, and the movement to to protest I often feel it is a race against time coverage in the Times, the Post, the Daily stop it continues, the movement has achieved to document, give notice of representation News, and dozens of other print and internet measurable progress. NLG attorneys have and make ourselves seen and heard by police news outlets. It allowed the demonstrators to played, and continue to play, a major role in and courts to protect the rights of protesters. make their point twice. Shortly after the trial, those accomplishments. Yes, we are here. And, certainly times are Mayor Bloomberg said at a press conference I was proud to take part in this trial. And, not unique. Dissent, or even comment, has that the city needed to mend, not end Stop as Marty Stolar wrote in an eloquent letter always been the subject of repression. We and Frisk. The Times editorial page called on after the verdict, we did not lose.

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 13 Taking Surveillance, Infiltration, and Entrapment to the Next Level: Feds Stage First Annual Fbi Muslim Youth Conference in Brooklyn

By Garrett Wright bershops, and other centers of community life. On May 14, 2011, just a few months before the Associated Press In this context of ongoing police surveillance and entrapment, revealed the existence of the NYPD’s covert spying program against the FBI Muslim Youth Conference was utterly surreal. The Muslim Muslims, the FBI descended on Kingsborough Community College students in attendance ranged in age from approximately five to for the “First Annual FBI Muslim Youth Day.” The event was eighteen years old. Most of the students were brought by school buses organized by Mohammad “Mo” Razvi of the Council of Peoples to the conference, whereupon they were escorted by agents in FBI Organizations (COPO) and was sponsored by multiple government windbreakers into the conference space. Although COPO had tables agencies, including DOJ, DHS/ICE, New York State Police, US Secret set up for approximately 200 students, the room was never filled to Service, and The Port Authority of NY & NJ. The event also had mas- more than half of that capacity. While we waited for the Master of sive corporate sponsorship, including Fox News Corporation, L’Oreal, Ceremonies (FBI Supervisory Special Agent Tim Screen) to take the Macy’s, Burger King, the Mets, and DC Comics. Flyers for the confer- stage, students milled around the many tables staffed by federal, state, ence proclaimed that students would be able to learn more about the and city law enforcement agencies. This included multiple FBI tables FBI, its work, and job opportunities with the agency. such as the FBI SWAT Team and Bomb Squad. Young children tried This unholy monstrosity of repressive state and corporate power on bulletproof flak jackets and saw displays of weapons, including was planned in secret by COPO, who invited only a handful of Islamic schools and mosques. In fact, word about the event only started get- ting out to the larger NYC Muslim community a few days before the event. When I arrived at the registration table the morning of the conference, I was almost turned away because I hadn’t registered days in advance of the event. I also overheard Mr. Razvi instruct the registration staff not to permit any students from campus Muslim organizations to enter the conference. The secrecy is not surprising Photo by Garrett Wright – many Muslim, Arab, and South Asian organizations are opposed to such open “partnerships” with the FBI and other law enforcement agencies, and for good reason. As all Guilders know, the FBI has a long and sordid history of illegally waging war on political opponents of the U.S. government’s domestic and foreign policies, beginning with the Palmer raids against socialists, anarchists, and trade union leaders, and continuing with the emergence of Red Squads and McCarthyism. This was followed by the murderous COINTELPRO operations against the Puerto Rican Independista movement, , American FBI helicopter arriving at conference Indian Movement, Young Lords, Brown Berets, Red Guard Party, Students for a Democratic Society, and many other groups that were what appeared to be a grenade. organizing for radical social change in the 1960s and 1970s. Many I saw several teenage boys express their enthusiasm for the guns, of these operations were done in close coordination with state and striking simulated rifle firing poses. My immediate thought was of how local law enforcement agencies, such as the NYPD’s Special Services racism and Islamophobia would surely affect how their behavior was Division. perceived by others in the room – including, of course, the legions of Today, the FBI and state and local law enforcement agencies con- FBI agents. If these young men were white and making gun gestures tinue to flagrantly violate the law in their attacks on Muslim, Arab, and talked excitedly about explosions, the law enforcement commu- and South Asian communities, as well as animal rights, environmen- nity (and indeed all dominant U.S. institutions) would applaud such tal, and international solidarity activists. This includes a coordinated “G.I. Joe” enthusiasm. But because they are brown-skinned Muslim campaign of entrapment against vulnerable individuals who showed youth, their behavior is very likely to result in them being identified no inclination of pursuing attacks in the U.S. until government-paid by the FBI as “potential terrorists” and as persons who should come informants concocted plans out of whole cloth and tirelessly pressed under increased surveillance and possibly even entrapment. these plots until they were finally set into motion. Many of the targeted The program for the afternoon included more pitches for FBI individuals who have been caught up in these entrapment schemes recruitment (including a promotional video showing the training of are struggling at the extreme margins of our economy, and have been agents at Quantico that depicted FBI agents getting sprayed in the face lured into participation through offers by informants to pay for things with pepper spray as one of their final tests) and a ridiculous anti-gang like urgently needed medical procedures for their families. video that the Mets would surely not have approved, as the main mes- As discussed in greater detail in the article written by the NLG-NYC sage seemed to be that any item of clothing with a pro sports team has Muslim Defense Project for this newsletter, the NYPD (with the appar- been appropriated by at least one gang somewhere in the country. This ent advice of the CIA) has for the last decade been running an illegal, was followed by the presenting agent summing up the video with the multistate surveillance program wherein undercover officers and following kernel of wisdom: “Gangs – bad! School – good!” Although informants have amassed detailed files about thousands of Muslims the event was also advertised as having a “Know Your Rights” com- who were covertly spied upon in restaurants, schools, mosques, bar- continued on next page

14 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 Muslim Defense Project: Movement-Building in Muslim Communities in a Time of Surveillance

By Bina Ahmad, Beena Ahmad, work we have done during our first year of Deborah Diamant, Gaby Lopez, existence at a major panel scheduled for the and the NLG-NYC Muslim Friday session of the NLG national conven- Defense Project tion.The panel will also be a dialogue seeking One year ago in the fall of 2011, the to understand lessons from cases involving Associated Press confirmed what many Muslims and Muslim communities across Muslims already knew — the NYPD had the country. NLG-NYC Vice President and been spying on their communities, religious MDP member Lamis Deek will be sharing leaders, and youth. What we learned is that her experience litigating and representing the NYPD, with the help of the CIA, which is the Arab and Muslim community in New prohibited from conducting domestic surveil- York City. Fahd Ahmed will speak on his lance, had established an extensive apparatus, experience as the Legal Policy Director of complete with a Demographics Unit, which DRUM (Desis Rising Up and Moving), an sent undercover officers into mosques, organization recently targeted by the NYPD. cafes, neighborhoods, student groups, and Beena Ahmad, Bina Ahmad, Abi Hassan, and Midwest-based Michael Deutsch will speak bookstores to infiltrate and spy on Muslim Gabriela Lopez about his work representing activists caught residents in this city and far beyond its limits. is not isolation and silence. Rather, coming up in the FBI’s sweep and issuance of grand It is notable that this program never produced together and speaking out are the only checks jury subpoenas to Palestinian human rights a single lead. on these gross abuses of state power. In our and Colombian human rights activists. It was out of this climate of repression, trainings, we have also tried to connect the California-based attorney Reem Salahi will fear, and government-sanctioned racial and current targeting of Muslims to the state’s speak about her work representing the Irvine religious profiling that the National Lawyers historical attack on the civil rights movement 11 in their fight against the suppression Guild New York City Chapter’s Muslim as well as its present day treatment of its other of Muslim and Palestinian human rights Defense Project (“MDP”) was formed one “adversaries,” i.e., the stop and frisk practices students’ free speech rights. MDP members year ago. Putting the Guild’s radical history committed against the Black and Latino com- Bina Ahmad and Beena Ahmad will discuss into practice, MDP seeks to lend support to munities in New York and the FBI’s targeting their on the ground work in New York City the struggle in a way that places movement- of Palestinian, animal rights and environ- with the Muslim community, particularly building at the heart of our efforts. mental groups. Our work has also included the development and implementation of In collaboration with the Council on providing legal and activist support for those their Know Your Rights workshop tailored American-Islamic Relations (“CAIR”), we Muslims or Palestinian human rights activ- specifically for the Muslim community. began reaching out to the local Muslim com- ists facing government persecution in the We add our voices to others around the munity in the New York area. We spent courts, such as Michael Williams and Ahmed country that unequivocally condemn all prac- months formulating, researching, and tailor- Ferhani. We have stood in solidarity with the tices that rely on stereotypes, , ing a Know Your Rights curriculum that local Muslim community by attending and and profiling. We recognize that the persecu- provides a realistic assessment of the dangers speaking at rallies calling for NYPD police tion of any group that stands in opposition of interacting with law enforcement officials, commissioner Ray Kelly’s resignation, and to the state, whether intentionally or not, is in consideration of their repressive tactics, through press releases and public statements, an attack against us all. To learn more about without the presence of an attorney. But, ulti- such as statements supporting the Egyptian the Muslim Defense Project, please visit www. mately, the message that we also hope to send revolution. nlgnyc.org/mdp or call the MDP hotline at is that the answer to the state’s surveillance This October, we will be sharing the 212-470-3431. FBI continued from previous page ponent led by the FBI, thankfully this did not rent FBI as one of the worst perpetrators of annual” conference occurred on May 19, actually make it onto the agenda. anti-Arab and anti-South Asian racism and 2012. Once again, the event appears to have The only good comment made by any Islamophobia. While Senator Schumer and been planned in secret by the feds and COPO, of the speakers at the event came from (now ex-) Congressperson Weiner were also with only a slight tweak to the event’s title Congressperson Yvette Clark, who talked listed as speakers on the program agenda, they (“Muslim Youth Career Day”) but with the about fighting discrimination after 9/11 were no-shows. same law enforcement agencies featured as and made a thinly veiled reference to the After the main program, students were the only career options for Muslim youth. racism of law enforcement during the man- then taken on a tour outdoors to see even The NLG-NYC Muslim Defense Project is hunt for , when many African bigger law enforcement equipment, including ready to publicly oppose any such future American women who wore their hair natu- boats and a FBI helicopter. The entire event conferences and to continue our work rally were stopped and interrogated by cops from start to finish was filmed by FBI agents. of attempting to counteract the illegal who mistook them for her. Unfortunately, While this was the “first annual” FBI surveillance and entrapment of Muslims in the Congressperson did not identify the cur- Muslim Youth Day, it seems that the “second NYC and throughout the United States.

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 15 Jazz Hayden’s Struggle: A Primer for Understanding the Bankruptcy of the Prison Industrial Complex

By Johanna Fernandez Assistant Professor of History at Baruch College of the City University of New York and writer and producer of “Justice on Trial: The Case of Mumia Abu Jamal.” A local campaign to end the controver- sial practice of Stop and Frisk and to end mass incarceration is gathering steam in New York as one of its most vocal members, 71-year old Joseph “Jazz” Hayden, awaits a Grand Jury hearing scheduled for Thursday, September 13. After more than eight months of court continuances in this case, Manhattan District Attorney Cyrus Vance has decided not to drop the charges against Mr. Hayden. Hayden, a longtime Harlem activist, is fac- ing two felony weapons charges that could result in a lengthy sentence of up to 14 years which have drawn large numbers of supporters years in prison on various charges (including in prison. His supporters argue that these both inside the courtroom and in concurrent three years at Attica from 1968 until his con- charges represent nothing less than police press conferences and rallies outside of 100 viction was reversed), Hayden is an impressive reprisal against Hayden’s video documenta- Centre Street. The last court appearance on autodidact with a M.A. in Theology. He tion of Stop and Frisk. A review of the public July 31, 2012 was covered by NY1 and drew lectures eloquently around the country in record points to the baseless character of the over 100 activists from different organizations defense of civil rights and on the moral and charges leveled against him. including representatives from the NAACP political bankruptcy of mass incarceration. Hayden’s most recent odyssey in the courts Legal Defense Fund. Recently, on August 31, Like , Hayden’s life has evolved began on the night of December 2, 2011 when Hayden’s supporters held a rally at the 32nd profoundly from hustler to incisive social he was stopped by police in Harlem while Precinct in Harlem, which is one of four critic and social justice advocate. But as he driving home after a meeting at The Riverside precincts in New York that ranked highest notes, “People tend to see you for one chapter Church, where he is a member of its Prison for use of force during Stop and Frisk. The in your life,” and as Officer Thorn reminds Ministry. What followed was an unlawful stop 32nd Precinct was also where Hayden was us, the State won’t pardon his rap sheet, even and search during which the police retrieved processed and held for 48 hours while officers if he’s done his time. a penknife and a commemorative, miniature searched the bowels of his car to produce the Hayden’s story is especially compelling baseball bat replica from Hayden’s vehicle. For penknife and miniature baseball bat. It was because the years of his incarceration span this, the former prisoner and founder of The also there that after a clash with his arresting the period during which the prison system in Riverside Church’s Campaign to End the New officer, Aaron Thorn, Hayden’s blood pres- the United States was transformed from a sys- Jim Crow, was arrested and charged with two sure shot up so high that he had to be taken to tem that incarcerated approximately 300,000 counts of possession of dangerous weapons. Harlem Hospital, where he was observed and people in 1970 to one that now incarcerates Hayden is just one of dozens of New York billed for the ambulance that took him there. 25% of the world’s prisoners. City activists facing criminal charges believed When Hayden was pulled over last While Hayden was not overtly political in to be retaliatory. Hayden has become known December on 132nd Street and Adam Clayton 1968 when he arrived at Attica, his political for the copwatch video clips he posts on Powell Boulevard, the arresting Officer Thorn understanding of the world changed quickly his website, allthingsharlem.com, which have knew exactly who he was. Thorn recognized as he joined the prisoner-run study groups been shown on NY1. The Village Voice notes him from an encounter four months ear- that culminated in the uprising of 1971. It was that Hayden’s age and profile as former-pris- lier when Hayden, armed with his flipcam, in Attica that he began to understand “that oner-turned-model-citizen and civil rights recorded a plain-clothed Officer Thorn mass incarceration was a push back to the advocate, make him “an unlikely character stopping two motorists in Harlem. In that successes of the civil rights movement.” in the long-running controversy over the contentious exchange between Hayden and Jazz Hayden has been monitored by the NYPD’s stop-and-frisk campaign.” the officer, Officer Thorn is on camera say- NYPD and is being framed by the courts An online petition calling on DA Cyrus ing to Hayden,“You done selling drugs yet because, if unchecked, his unrelenting oppo- Vance to drop the charges against Hayden, or what? I know your rap sheet.” Later in the sition to the degradation that working class has already gathered over 2,000 signatures. same tape, the same officer is heard saying: black and Latino people suffer daily in this The DA has also received dozens of letters “Go sell some more drugs, Sir. We know your city at the hands of the police and courts, can attesting to Hayden’s character from local, background. I know who you are.” set off a firestorm with greater consequences national, and international citizens, among That statement by Officer Thorn offers a for the status quo. them NYS Assemblyman Keith L.T. Wright – window into the Orwellian limits of American also chair of the Manhattan Democratic Party democracy, historically demarcated in the For information about the Campaign – and author Michelle Alexander. United States by race, class, and political To Keep Jazz Hayden Free and to sign the Since his arrest in December, Hayden has orientation. petition go to http://www.facebook.com/ had three continuance proceedings, all of Despite having spent approximately 20 events/264443250337092/

16 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 guild in action

In anticipation of the demonstrations A contingent from the chapter marched Lippman’s announcement that New York planned to mark the anniversary of Occupy behind the NLG-NYC banner in the Silent will require future applicants to perform Wall Street the weekend of September 15-17, March Against Stop & Frisk on Father’s 50 hours of pro bono service, and urged the chapter held a legal observer training on Day, June 17 from in Harlem to Judge Lippman to convene Chief Judges from September 13 at the new CUNY Law School. Mayor Bloomberg’s East Side townhouse. state courts around the country push for full federal funding for the Legal Services In August the chapter endorsed the Stop The chapter endorsed the Global 24-hour Corporation, and to require lawyers to Haiti Deportations campaign to urge the hunger strike in front of Israeli embassies perform legal services for the poor as part of United States to cease all deportations to post- and consulates on May 17 in support of the periodic renewal of their law licenses. earthquake Haiti, where conditions remain Palestinian civil society’s call for support for dire, including one of the largest cholera hunger-striking Palestinian prisoners who are in On April 26 the chapter’s Caucus, epidemics in modern history. Nearly 400,000 administrative detention without charge or trial, TUPOCC, Anti-Racism and Anti-Sexism people are still living in tent-camps. subject to secret evidence and secret allegations. committees joined a demand that Hennepin County Minnesota drop charges against CeCe On August 19, the Eid feast commemorat- The chapter endorsed the Tale of Two McDonald, a black, who is ing the end of the month of , the Cities May 12 rally at to oppose serving a 41 month sentence for acting in self- NLG-NYC Muslim Defense Project issued the racially biased, illegal and costly mari- defense against a 2011 attack by a group of a statement in solidarity with all Muslims: juana arrest crusade and stop-and-frisk racist homophobes. “Today, merely gathering as a Muslim has practices of Mayor Bloomberg’s NYPD. The become an act of courage in the face of ter- rally was sponsored by the Riverside Church The chapter was a sponsor of the April 21 ror. Indeed, the last few weeks have been Prison Ministry’s Campaign to End the New Freedom Ride to Washington, D.C in support marked by horrifying instances of hatred Jim Crow. of the Cuban 5, Cuban nationals who were around the United States. These are not ran- falsely prosecuted and imprisoned for terror- dom or isolated but have been fomented by The Next Generation Committee ism against the USA as a result of their efforts politicians, law enforcement officials, and (NextGen)’s May Happy Hour was held at to investigate and prevent terrorism against sanctioned by judges. The New York City the Double Down Saloon on . Cuba by Miami-based extremist groups such Police Department, with Commissioner Ray as Alpha 66 and Brothers to the Rescue. Kelly at the helm, continues to promote At its 14th Annual Banquet at the Brooklyn its ‘radicalization’ theory, connecting all Bridge Marriott Hotel on May 12, the New The NLG-NYC Muslim Defense Muslims to terrorism, which it uses to justify York chapter of the Council on American Committee joined a broad range of activ- the wholesale surveillance of communities, Islamic Relations (CAIR-New York) pre- ist groups at a March 28 press conference with an army of informants and spies in areas sented its Steward of Justice Award to the at One Police Plaza concerning revelations extending far beyond New York City.” New York City chapter for “brilliant work that government surveillance programs have in defending the Constitution through legal expanded far past Muslim communities and On August 9 the NextGen Committee and observation at demonstrations, representa- have spied on local community organiza- the Anti-Racism Committee met at Berry Park tion of clients being harassed and abused by tions. Documents obtained by the Associated in Williamsburg for a Happy Hour to fete law enforcement, and the many other services Press reveal that the scope of the NYPD’s those who recently finished the bar exam and offered by your talented attorneys.” Intelligence Division surveillance program to raise funds for a travel stipend to the NLG’s was not developed as a response to security October convention in Pasadena for mem- On May 9, the Chapter Executive Committee threats, but as a way of keeping track of those bers of The United People of Color Caucus wrote to the Editors of the Village Voice wel- who have actively opposed Bloomberg/Kelly (TUPOCC) of the Guild. NextGen held its coming its coverage of the injustices of the NYC police-state policies. (The NYPD acknowl- September 13 Happy Hour at Bar Great Harry bail system and its recognition of the work of edged in court testimony unsealed on June 28 on Smith Street in Carroll Gardens. the NLG-NYC in representing Occupy Wall that its secret Demographics Unit has never Street arrestees. The letter noted that the Voice generated a lead or triggered a terrorism On July 23 the NLG-NYC Labor and article omitted the invaluable contributions of investigation.) Employment Committee issued a statement the Legal Aid Society in representing the OWS in solidarity with the 8,500 workers locked arrestees while continuing its day-to-day efforts On March 27 the Labor and Employment out by Con Ed, and encouraged attendance at to represent indigent arrestees, most of whom Committee and CUNY Law’s Community their support demonstrations. are targets of a racist NYPD that engages in Legal Resource Network presented Occupy predatory policing against African-American, Labor Law! A CLE with: Mario Dartayet- NYC-NLG endorsed the 8th annual Latino, Asian, and Arab communities through Rodriguez, Director of Organizing at DC June 22 Trans Day of Action, the Audre its unconstitutional stop-and-frisk program. 37 and OWS activist; Bennet D. Zurofsky, Lorde Project’s yearly march and rally in The letter also noted that NLG-NYC attorneys, labor lawyer; James Gray Pope, Rutgers : “We demand an legal workers, law students, and jailhouse law- Professor of Law; and E. Tammy Kim, Staff end to profiling, harassment and brutality at yers work in virtually every field of law, not only Attorney Urban Justice Center/OWS activ- the hands of the police. We demand access the mass defense of demonstrators. ist. The program was moderated by Daniel to respectful and safe housing. We demand Gross, Executive Director, Brandworkers access to the NYC LGBT Center without fear On May 2, President Gideon Oliver and International and held at the SEIU 1199’s of harassment, or censorship. We demand the Vice President Lamis Deek wrote to the New MLK Auditorium on West 43d Street. full legalization of all immigrants.” York Times praising Chief Judge Jonathan continued on page 18

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 17 Lynne Stewart Speaks from Behind the Prison Wall On June 28 the U.S. Court of Appeals for bladder and an absence of discomfort from a the Second Circuit affirmed the 2010 decision distended uterus. (I know that this is more of District Court Judge John Koeltl to increase information than many of you want—my Lynne Stewart’s 28-month jail sentence to ten male supporters particularly !!!) I feel better years. Lynne’s courageous advocacy has made and stronger every day and am, of course, her the target of a politically-motivated prosecu- determined to deal with healing naturally. I Photo by Paul L. Mills tion and vindictive sentencing. Lynne’s “crime” am not here to praise the great care I received was making a press release to Reuters News on (still had my feet shackled, belly chained and behalf of her client Dr. Omar Abdel Rahman, cuffed; no contact with anyone who might an Egyptian Muslim cleric. The Court of be worrying about me etc. from the Bureau Appeals rejected the argument that the increase of Prisons; I can tell plenty of horror stories Left to right (front): Lynne Stewart, Daniel Meyers, of her sentence was unconstitutional because it about the care of the women in here); but (back) Ralph Poynter (behind Lynne), David Gespass was in retaliation for her First Amendment- I have come through and am ready to soon protected statements made outside of court, in resume STRUGGLE. Ralph paid me an In any event, we also go forward after the en response to right-wing political pressure, and unscheduled visit this weekend gave me a real banc to the next “legal” stage of the case... extremely excessive for a 71 year old in poor boost and will be more than happy to report the certiorari petition for my entire case to health. Lynne is presently in Carswell Medical further on this positive health development !!! the United States Supreme Court. As should Facility in Texas. Her family continues to hope THAT SAID, the bitter occurrence was of be remembered, from that April day in 2002 that she will be transferred to Danbury, the clos- course, the snide and unsubstantiated opin- when Attorney General Ashcroft rode into est facility to New York. Lynne welcomes mail ion of the Second Circuit (posted on my NY and announced a “significant arrest and at 53504-054, FMC Carswell, Federal Medical website) denying any relief from the draco- indictment,” this is the case that has the Bill Center, P.O. Box 27137, Fort Worth, TX 76127. nian sentence change imposed the second of Rights affronted on almost every issue. As Visit her website lynnestewart.org. time around. A blow, but not mortal. We my colleague and brother, Attorney Michael Lynne issued the following statement on July will do an appeal to all of the Judges of the Smith said to me then, there are First, Fourth, 2, 2012: Second Circuit sitting en banc, to reverse. Fifth, Sixth, Eighth Amendment violations The past week has confronted me with Hopefully and we always hope, those Judges and that’s just for starters. We are going to changes both bitter and sweet and I want will take a different viewpoint. In reading the confront the Government and the Supremes to share with all of you my outlook. On the opinion there is a hypocritical view expressed and hopefully raise the awareness of the legal “sweet” side (because as progressive leftists, that the first Judge Koeltl sentence and opin- and the community at large to the terrible we always try to assuage the bitter!) the best ion is all wrong but the second sentence and infringements and danger to all if my case and most important news is that I have opinion (as orchestrated by their remand) is not reversed. Back now to the fundamen- had my long awaited surgery, more prob- was all right. Will the real decision maker tals and as Ralph says, “We’ve got them lematic than the Doctor expected, spent a please stand up?? Also, the moral underpin- right where we want them”!! We fight on. few days in hospital in Fort Worth and at ning of their entire prosecution is now more In closing I have to say that any weakness in Carswell prison and am in a slow recovery questionable with the newly elected President my body should not be mistaken for a weak- back in my unit. I have been given a walker of Egypt demanding the return of my “ter- ness in my spirit or will. When I signed on to insure that I don’t have a fall as the opera- rorist” client Sheik Omar Abdel Rahman. If for this struggle back in 1962, to rescue my tion left me anemic and I sometimes am a he is a hero of the Arab Spring then my aid country and all its people from the powers little dizzy and weak...BUT THE GREAT was a positive thing—yes??? Certainly not that would ruin, twist and destroy us all, it THING IS THAT I AM CURED AND AM the criminal support the US government wasn’t for a week or a day but always—until FUNCTIONING NORMALLY, with a rebuilt gave to the 40 year Dictator Mubarak !!! we win. I welcome your support and love. Guild in Action continued from page 17 The chapter endorsed the rally against the for its unconstitutional surveillance of the Museum Team, OWS Sustainability, CUNY Prison Industrial Complex on February 20 at Muslim and Arab communities. LGBT Taskforce, Trinity Place Shelter, Black the Lincoln Correctional Facility on West 110th Women’s Blueprint, Washington Irving Street “in solidarity with the Pelican Bay hunger Between September 2011 and February High School, CUNY General Strikers, Bronx strike, with brothers and sisters who are dispos- 2012, the Street Law Committee recruited Leadership Academy, Martin Van Buren sessed by the criminal INJUSTICE system, and and trained approximately 60 new trainers High School, and New Alternatives NYC. with political prisoners everywhere.” at five “trainings for workshop facilitators” at The Street Law Committee is compiling data Brooklyn Law School, Cardozo Law School, on rates of stop and frisk in communities of The chapter joined the Muslim Bar CUNY, Fordham, and NYU. They also hosted color, and will pilot a “Street Team” initiative, Association of New York and the civil rights approximately 35 trainings for communi- which will place trainers in high traffic areas organization Muslim Advocates in a let- ties most vulnerable to police misconduct, to provide one minute, one-on-one ‘Know ter to the Attorneys General of New York including twelve Occupy Wall Street related Your Rights’ trainings and conduct street the- State and the United States demanding a trainings. Some of the groups that have hosted ater style workshops. To get their bi-monthly federal civil rights investigation of the NYPD trainings are: Catholic Charities Brooklyn, e-newsletter contact: streetlaw at nlgnyc.org.

18 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 member news

Jeanne Mirer received the Debra Evenson On August 3, Tamar Kraft-Stolar, Director In April, Suzanne Adely, Lamis Deek, and Venceremos International Committee Award of the Women in Prison Project of the NLG president Azadeh Shahshahani joined an at the NLG convention. In addition to Correctional Association of New York, mod- NLG delegation of US lawyers, activists, and being co-chair of the Guild’s International erated a CLE webcast promoting pro bono scholars to investigate the role and respon- Committee, Jeanne is currently president of representation of incarcerated people in civil sibility of the US government and American the International Association of Democratic rights suits. corporations in human rights abuses in Egypt, Lawyers, a member of the board of the Sugar as well as the ways in which over 30 years of US Joel Kupferman led a panel on “The Law Center, and a founding board member military and economic intervention has vio- Environment and Economics” at the Union of the International Commission for Labor lated Egypt’s popular sovereignty and locked for Radical Political Economics (URPE) sum- Rights. She has authored and co-authored the country in a web of debt. Lamis was one mer conference Political Economy of the 99% countless white papers, briefs, and articles on of the speakers at a July 10 report-back held at on July 14 at the Epworth Center in High topics ranging from the human right to peace, ACTWU’s headquarters. Falls, NY. to Agent Orange, to drones, to women’s The American-Arab Anti-Discrimination rights, to labor law and international law. Committee presented its firstCivil Rights Among her clients are Vietnamese victims Pioneer Award for lifetime achievement to of Agent Orange who have taken to court Abdeen Jabara at its June convention in the U.S. chemical companies that profited Washington, DC. from manufacturing the poison. She practices labor, employment and civil rights law in In June, Civil Court Judge Rita Mella, a NYC with Eisner & Mirer P.C. long-time Guild member, announced her candidacy for Surrogate’s Court Judge in New NLG-NYC President Gideon Oliver was a York County. participant in a panel discussion on September 21 at NYU Law School: A Conversation with Richard Levy is representing black NYFD Pussy Riot’s Russian Attorneys. The program firefighters of the Vulcan Society in a lawsuit was sponsored by NYU’s Department of in which SDNY Judge Garaufis has found Performance Studies and Center for Human that NYC used application exams despite Rights and Global Justice. knowing that they had a disparate impact on minorities. (The argument before the Second Garrett Wright and former NLG-NYC Circuit on June 27 was actually interrupted chapter President Harvey Epstein received by a fire drill.) Ally of the Year awards from the Northwest Bronx Community and Clergy Coalition at its Baby Dante (b. Jan. 19, 2012 to proud parents Nora On June 25, the New York Law Journal 38th annual gala on September 21. Carroll and Colin Asher, 8 lbs.6 oz., legal observed published a letter from Susan Tipograph @ occupy in the womb) charging that meaningful discovery is unavail- Marc Alain Steier is the new Director able in NYC criminal cases, and has gotten of Legal Affairs for the Correction Officers On September 8, workers at the Hot and worse since Cyrus Vance Jr. has become New Benevolent Association. NLG law students Crusty restaurant chain declared victory after York County District Attorney. or new practitioners interested in seeking a long and determined struggle. The workers internship opportunities in labor-side union had won an election for union representation On May 31 in the SDNY, Jonathan Moore, experience may forward résumés to him at on May 24, after a campaign citing overtime Michael Spiegel, and Chris Dunn argued [email protected]. People of color and and minimum wage violations, non-com- motions for summary judgment for the plain- members of the GLBT community especially pliance with health and safety codes, and tiffs in the civil rights cases arising from the encouraged to apply. verbal abuse and sexual harassment of protests at the 2004 Republican National Convention. The City is defending its “no On August 28, Bob Boyle, chair of the employees, but the prior owner abruptly summons” policy which led to hundreds chapter’s anti-repression committee, led a sold the business on August 31 and locked of people who had been arrested on minor workshop at Brecht Forum on grand juries: out its 23 employees. “After a workplace charges being warehoused in barbaric condi- “What they are, how they operate, what your occupation, a week of targeted direct action, tions at the infamous Pier 57. The City claims rights are, and how to support grand jury round-the-clock picketing and an outpour- that there is a concept known as “group prob- resisters”. ing of community support, the new owners of the coffee and pastry shop will recognize able cause” which lets it escape liability for a Former NLG-NYC president Risa Gerson, their independent union and rehire everyone mass arrest. who was director of the wrongful conviction – yes everyone! An extraordinary agreement NYU Law School hosted Police Misconduct reinvestigation project at the Office of the allows the union to control the rehiring of the Litigation: Overcoming Increasing Challenges Appellate Defender, has been named direc- mostly immigrant workforce. No one is to be to Plaintiffs Claims on June 29. Among the tor of quality enhancement for appellate and victimized!” The employees were represented speakers at the CLE program were Alan post-conviction representation for the NYS by the Hot and Crusty Workers Association Levine on choosing venue; former chapter Office of Indigent Legal Services. In her new with assistance from the grassroots commu- member and current professor at UTexas position, she will lead and oversee efforts to nity group Laundry Workers Center. Jeanne law school Jen Laurin on litigation in the US improve the quality of Article 18-B appellate Mirer of Eisner & Mirer provided the legal Supreme Court; and Jeffrey Rothman on and post-conviction representation through- representation, assisted by Cardozo NLG electronic discovery and protective orders. out the state. member Ben Dictor. continued on next page

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 19 member news continued from previous page On May 8 the Second Circuit affirmed an Noah Kinigstein’s paintings were fea- On May 20, citing unfair labor practices, NLRB ruling that Starbucks employees Joseph tured in a show entitled “Penumbras and an NLRB administrative law judge overturned Agins and Daniel Gross had been illegally Emanations” in conjunction with the the unsuccessful union election last year at a fired. The opinion said that the two employ- Open Artist Studio Tour on April 27. Long Island Target store and ordered a new ees, who were active in union-organizing Cardozo Law School held an Alternative election. EC member Geoff Schotter, counsel efforts and had clashed with supervisors, had Labor Organizing panel on April 24. Panelists to the United Food and Commercial Workers been fired in violation of the National Labor were Bhairavi Desai of the NY Taxi Workers Union Local 1500, proved that Target had Relations Act because their termination had Alliance; Daniel Gross from Brandworkers; illegally intimidated workers for months lead- been due to their labor organizing. Helen Schaub, VP of SEIU 1199; and Barbara ing up to the vote. In his role as Executive Director of Young, organizer at the National Domestic On May 15 SDNY Judge Shira Brandworkers, Daniel Gross announced on Workers Alliance. Scheindlin granted class-action status to a May 7 that Flaum Appetizing, a Brooklyn- Liz Fink and Sarah Kunstler spoke at the lawsuit challenging the NYPD’s stop-and- based manufacturer of kosher foods, has Left Forum at Pace University on March 18. frisk tactics. Saying that she was giving voice agreed to pay $577,000 in unpaid wages The program “Attica is All of Us” honored to the voiceless, Judge Scheindlin wrote that and compensation to 20 former workers, those who died during the retaking of Attica, she was disturbed by the city’s “deeply trou- most of them Mexican immigrants, and to and documented the fight back against mass bling apathy towards New Yorkers’ most a binding code of conduct ensuring that incarceration and our racial caste system. fundamental constitutional rights.” The case Flaum will comport with all workplace rights was filed in January 2008 by the Center for going forward. The settlement came after Bob Boyle was a panelist at an anti-repres- Constitutional Rights. Jonathan Moore rep- a four year joint project by Focus on the sion/know your rights training on March 9 at resents one of the plaintiffs. Food Chain, Brandworkers, and the NYC Judson Memorial Church. Industrial Workers of the World. “Many rab- At a press conference outside the In March, Aaron Frishberg, assisted by bis and community members stood with the Brooklyn Federal Courthouse on May 14, St. John’s law student Celeste Tesoriero and workers of Flaum and will continue to ener- Evelyn Warren and Michael Tarif Warren the Guild’s Military Law Committee, negoti- getically support an ethical food system,” said announced that their case against the City ated an administrative discharge for a Fort Rabbi Ari Hart, co-founder of Uri L’Tzedek of New York and the NYPD officers who Drum soldier facing a summary court martial (Awaken to Justice), an Orthodox social jus- beat and arrested them five years ago had for unauthorized absence/long-term AWOL, tice organization. “The Torah calls on us to been settled for $360,000. In June 2007, the originally charged as desertion. fight for justice.” Warrens were driving in Brooklyn when Margaret Kunstler appeared on WNYC they saw police tackle and handcuff a young On May 9 the Brecht Forum showed radio station on February 26 with Cornel man and begin kicking him in the head. The Will the Real Terrorists Please Stand Up?, a West and Tavis Smiley. They discussed Warrens pulled over and respectfully asked film by Saul Landau which documents that Occupy Wall Street, Bradley Manning, the why the police were battering someone who US-backed violence against Cuba has contin- racist stop and frisk policies of the NYPD, was obviously helpless. The police responded ued for decades. Commentary in the film is and the current trend towards an authoritar- by punching both Tarif and Evelyn in the provided by Michael Smith. ian state. face, and pulling Tarif out of the car caus- State Senator Liz Krueger announced on ing injuries to his shoulder and head. The Supreme Court Justice Bill Mogulescu was April 26 that the NYS Unified Court System Warrens were charged with resisting arrest, a panelist at the CUNY Law School program information will no longer sell the names obstructing government administration, and “Incarcerated until Proven Guilty” on February of tenants who have been parties in hous- disorderly conduct—charges which were 23. Panelists discussed the populations most ing court actions, which Krueger hopes will eventually dismissed after prosecutors con- negatively impacted by the repressive restric- greatly curb the discriminatory practice of fessed to the judge that they had no evidence. tions on bail, the different forms of bail tenant blacklisting. Steve Dobkin, James “What they want is to frighten people so no available, judicial training on bail setting, and Fishman, and chapter coordinator Susan one stops and bears witness,” Evelyn said. alternatives to the money bail system. Howard were instrumental in this campaign “If people have the courage to say ‘No, what by a coalition of tenants’ advocates. On February 22 Jeanne Mirer hosted an you’re doing is wrong and I’m not going to informal gathering at her apartment for Julio move on,’ then maybe one day, something Moreira, an activist lawyer who is president will change. Then maybe one day, we will all of the International Association of Peoples’ live in the same city.” Lawyers in Brazil. He was in New York to Jonathan Moore reports that on May 10 speak on the issue of violence against migrants the City of New York agreed to a payment at the conference of the American Association of almost $400,000 to 15 people who were of Geographers. arrested in NYC during the February 2003 Human rights attorney Radhika Sainath rally against the Iraq war. “Although we were was arrested and deported from Bahrain disappointed that the court refused to cer- while acting as an observer with the Witness tify the case as a class action (very difficult Bahrain initiative. Radhika was arrested in after the Wal-Mart decision) we are gratified Manama on February 11 in the midst of a that our 15 plaintiffs, who showed incredible Marty Stolar and grandson Elliott Stolar Kraft- police attack on a nonviolent march. She was patience and perseverance over the last nine Cuthbertson, born 9/22/11 to daughter Tamar deported the next day. years, have finally prevailed.” Kraft-Stolar and Douglas Cuthbertson

20 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 A Portrait of Gus Reichbach compiled and edited by Danny Alterman and Emily Goodman

GUSTIN L. REICHBACH, 1946, Brooklyn, Herman, Lee, Midwood, Buffalo, AEPi, Columbia, Character Committee, Ellen, Hope Isadora, , Judicial politics, Vito, Rivera, Brooklyn Friends, Hunter, Wesleyan, NYU, Buenos Aires, Civil Court, Criminal Court, Supreme Court, Bill, Ruth, Ibiza, Gaspard, Newsweek, Rabinowitz, Rachel, Seth, Elisha, Gaby, Steve aka Eliahu, seders, Wildorfs, United Nations, Mexico, spas, Kosovo, Camp Thoreau, Phi Beta Kappa, O’Dwyer, Kunstler, Ho Chi Minh, A Steady Rain, Bernadine, Attica, Big Black, Abbie, Miami, Concorde, Pikus, Nations, Business Class, Brutus, Neon, White Street, Casey, lofts, artists, OCA, China, Berlin, Tanya, SDS, Beijing Zoo, San Amsterdam, resplendent, velvet Jonah, Jomo, Judaism, bench trials, Francisco, Costa Rica, Viet Cong, jacket, cape, cufflinks, golf, Eleanor, Donita, Ireland, James March 2003 demo, Iraq, Golden custom shirts, leather pants, Ellen, Joyce, safari, Michael, Catskills, Gate Park, Hugh Jackman, Odeon, Malta, Blue High Tops, Grove Press, Kathy, Brian, Angela, Daniel Craig, Levin, Peyser, Tuxedo, working out, Marcia, Lincoln Center, Ulysses, Wellfleet, Kennedy, Ayers, portrait, Levy, Ellen, Pearl, IBEW, Lawyers Rabbi Joe, Marijuana, BAM, Ellen, Garbus, Ellen, Hope, Norway, Guild, Weathermen, Judy, Suzie, Hope, Kamins, Schmitt, Tomei, Corfu, Kathy, March 24, July Paul, Steve, Cochecton, Peter Criminal Bar, Brooklyn Bar, Pamela, 24, Stolar, Brower, Tucker, Luger’s, private bills, Franklin, Richie, McIsaac, Scheck, rabbit Sandler, Crane, Cohn, Lefcourts, Bruce,Weinglass, Hope, Puerto stew, hunting, University Review, Venezuela, Chavez, Cuba, Rico, Ming, Mickey, condoms, Bali, FBI, line-ups, Westside Arts, Veronica, Heywood, Gulielmetti, Golden Gate Park, Daily News, Rim I, Jack Weinstein, Hope, City Bernstein, Wagner, Wilk, Lewis, Pataki, Ratners, , Council, acid, venison, Vietnam, Scales of Justice, Danny, Emily, silk scarves, vests, three-piece Michael, weddings, bow & arrow, LIJ, MSKCC, Dr. O’Reilly, NED, suits, Bruce, bikes, Rudd, Li Morocco, Cairo, Giza, Didi, Nancy, Dr. Oz, Dr. Wang, Germany, Wah, Leonard Cohen, Havanese, Paris, Israel, venison, red wine, vaccinations, chemo, radiation, Steve Ben, fedoras, cigars, New publicity, chef, Sartre, Jerry Brown, diets, pills, CtScans, MRI, hospice, York Times, NOLA, Robeson, Spectator, Bridgit, Commune, morphine, methadone, Mambo, judicial plates, Spring Street, Tribeca, West 93rd, hack license, The Tree, Ellen, Hope, Farewell, , Austerlitz, acid, Ray Kelly, Ellen, Hope, United 2012

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 21 Remembering Richard Bellman Dick and I go back to 1966. I was a Mt. Laurel case where the state Supreme National Association for the Advancement Court adopted the far reaching zoning fair of Colored People (NAACP) attorney about share principle, and the Huntington case, to begin a public school desegregation where the Second Circuit adopted his racial trial in South Bend Indiana. The NAACP impact argument when deciding a zoning General Counsel, Robert L. Carter, had just discrimination case. Other of his housing hired Dick, who had worked for the United cases built in affirmative action principles States Commission on Civil Rights, devel- and set plaintiff liberal standards of proof. oping evidence for voting rights cases in When local fair housing centers needed an Mississippi, to join our staff of three over- attorney Dick was there. To Janet Hansen worked attorneys. “Get on a plane and join and the organizers of Long Island Housing Lewis,” Carter told him. So Dick appeared Services as well as Marty Needelman, Foster in South Bend a day before the trial started. Maer and Rick Wagner at Brooklyn Legal With him rounding up rebellious teachers Services, Dick was their man, sometimes and me putting them on the witness stand pulling me into his battles, but always ready to testify about the horrors of the system’s to go it alone. Larry Grosberg was also Lewis & Dick in Bridgehampton, NY, 1994 one overcrowded, broken down 99% black among the many attorneys who called on school, we finally forced the school board Dick to add his expertise to precedent- a no nonsense battler who not only knew to close the school and assign the children setting housing cases. After our last law the law but spent his life trying to make to surrounding white schools. firm finally broke up, despite suffering from it. Perhaps, as mutual friends reported to Dick and I had clicked in South Bend Parkinson’s, Dick moved on to work at the me, he was a little rough on the basketball and we drew ever closer over the next Anti-Discrimination Center and for the courts, but my sources said, he always 45 years. After leaving the NAACP, past five years joined the LatinoJustice/ played clean. If an adversary caught an Dick became the housing and zoning PRLDEF legal team. Indefatigable, Dick elbow, that was because they did not know discrimination lawyer for two small non- died on the way to work this April. enough to stay out of his way as he drove to profits, The National Committee Against In his private life as a husband to artist basket. Yes, sports was a part of Dick’s life, Discrimination in Housing and Suburban Barbara Beck and father to his attorney son as was driving at breakneck speed, playing Action. During those years and in a series Jedd, who now handles mortgage fraud the violin, progressive politics, literature, art of small firms, he became the leading hous- cases for the Attorney General’s and, of course, the New York City chapter ing and zoning discrimination lawyer in office, as well as to me and his closest of the National Lawyers Guild where he was America, with me at times as his sidekick. friends, Dick was a gentle, loving man, a lifelong member. From Florida to California and here in New a man whom everyone who knew him Dick’s Guild friends will miss him York, he tried the most challenging and respected and trusted. In preparing a case deeply. But one thing is for sure, we will difficult cases, including the New Jersey for trial and in court, however, Dick was never forget him.— Lewis M. Steel

David G. Lubell and the Guild by Jonathan Lubell position and issued honorable discharges. David was particularly involved in the Ironically, to this date, the Army contends Guild’s work defending students who had that it does not have records concerning been charged with misconduct in their dem- David or Jonathan’s service. onstrations, etc., against the Viet Nam War David accompanied James Baldwin, cli- and the right-wing policies of the colleges. ent and friend, to the Southern Regions David represented former New York State with regard to organizing around Civil Judge, Gus Reichbach, at a hearing conducted Rights issues. Other activities stimulated by Columbia University. He also represented and led by David resulted in the Guild particular activities at Columbia University, becoming a basic “safe haven” for the Rev. which the university targeted as contrary to Dr. Martin Luther King, Jr.’s movement, as the school’s right-wing positions. well as the Guild. On a side note, David and Jonathan con- Through the Guild, David did legal rep- sistently opposed to be compelled to join struggle with the government in which the resentation for Huey Newton and the Black the armed services during the Viet Nam Army first refused to issue an honorable Panther Party. War. Others influenced by the politics of discharge to David and Jonathan. Several David was dearly loved for his outstand- the Guild joined in the opposition to partic- years later, after the United States Supreme ing legal work, humanity, the care and ipate in the war. In fact, there was ongoing Court Decision, the Army changed its concern of family, friends and clients.

22 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 law student news

Amy Lien Cross of the Cardozo chapter On October 4, the Anti-Racism Committee Director of the Chinatown Tenants Union; was awarded the NLG’s 2012 C.B. King Law and the NLG Chapters of CUNY and New Shafaq Islam, Staff Attorney at the Urban Student Award. Amy is a former public school York Law Schools co-sponsored a training/ Justice Center; and Jane Landry-Reyes, teacher, and founded Cardozo’s Suspension CLE for National Lawyers Guild lawyers, legal Senior Staff Attorney, Housing Unit at South Representation Project to enable law students workers, and law students: Fighting the City as Brooklyn Legal Services to use their skills to represent students fac- Landlord: Defending Public Housing Residents in ing suspension. She is a Know Your Rights NYCHA Administrative Termination Proceedings. Brooklyn Law School’s Public Service trainer with the NLG Street Law Project, Office and the BLS NLG Chapter honored and she started an NLG CopWatch team in On September 29 the chapter held its Professor Jonathan Askin, and alumnae Lamis Brooklyn. C. B. King (1923-1988) was an annual DisOrientation program for incom- Deek, Elizabeth Fink, and Cristina Lee, at an intrepid African American lawyer and a leader ing law students: “Law school—expensive, April 16 reception and alum-student mixer of the civil rights struggle in Georgia. competitive, hierarchical, mind-crushing, celebrating distinguished members of the BLS ulcer-inducing. What about values? Fighting NLG Community. The NLG national office has approved the the system? Having a life? It IS possible! It’s return of the NLG chapters at Seton Hall and not you, it’s the law school. Learn how to On February 28 Fordham Law NLG Rutgers Law Schools to the city chapter. survive law school with your social justice Chapter presented Indefinite Detention in the goals, self and spirit intact.” Panels held at Obama Era? A Discussion on the National NYU Law School included Alternative careers: Defense Authorization Act of 2012 with co-ops, start-ups, and solos; Mediation and Professor Martha Rayner, “Come learn about Earmark Your Mindfulness in the Law 101; Pro bono proj- the new law potentially authorizing the deten- ect trainings in street law, legal observer, and tion of US citizens without trial.” Contribution to the immigration court observer; Stop & Frisk; and anti-racist work in the law—all followed by a New York Law School NLG member NYC Chapter! happy hour reception! Andy Izenson organized a panel discussion at When you make a donation to the Guild, NYLS on April 13 called Radicalizing Consent: other than your regular dues payment, On May 17, the Anti-Racism Committee Towards Implementing an Affirmative Consent and you want to support the work of the and the NLG Chapters of CUNY and NYU Model in New York’s Rape Law on reforming NYC Chapter, you need to earmark the Law Schools co-sponsored a training/CLE: New York’s rape laws “by replacing the failed contribution. You can do this by writing Gentrification, Displacement, and Resistance: and obsolete policy of ‘no means no’ embed- “NYC Chapter” in the memo section of An Introduction to Housing Organizing and ded in the NYPL with the affirmative consent your check or money order. Eviction Defense in NYC. The program was policy of ‘yes means yes’!” held at NYU School of Law and was open That way your contribution will go to to all NLG lawyers, legal workers, and law The chapter had an informational table at work at the grassroots! students. Speakers included Esther Wang, the NYU Career Fair on February 9 and 10. ANTI-RACISM COMMITTEE UPDATE In 2012, the Anti-Racism Committee of the New York City Chapter (“ARC”) is continuing its efforts to strengthen the chapter’s commit- ment to challenging institutional, cultural, and interpersonal racism in the Guild, the legal profession, and the city at large. This year, ARC has hosted a successful CLE entitled “Gentrification, Displacement, and Resistance: An Introduction to Housing Organizing and Eviction Defense in NYC.” (On Youtube in two parts. Part One. Part Two.) Another CLE is planned for October 4 at This year, ARC partnered with the Next Gen Committee for the August 9 New York Law School addressing the topic of defending New York fundraiser held at at Berry Park in Williamsburg, Brooklyn. City Housing Authority (NYCHA) public housing residents in evic- tion proceedings. “Broken on All Sides,” a documentary about mass incarceration and For the third year in a row, ARC also hosted a successful fund- racism. raiser for the TUPOCC travel stipend fund, which provides funding ARC members have been active in the newly-constituted Anti- to assist lawyers, legal workers, and law students of color in attending Oppression Committee of the NLG-NYC Executive Committee, the NLG Convention. This year, ARC partnered with the Next Gen focusing on internal Guild issues, as well as the Muslim Defense Committee for this fundraiser, which was held on August 9 at Berry Project, which conducts Know Your Rights trainings at masjids and Park in Williamsburg, Brooklyn. Special thanks to NYC artist Patrick has established an emergency hotline for the Muslim community in Way, who generously donated one of his prints to be raffled off at the the New York City region. fundraiser. Join us! To subscribe to the NLG-NYC ARC listserv, please email Also this fall, ARC plans to assist with a screening of the film Garrett Wright at [email protected]

FALL 2012 www.nlgnyc.org • National Lawyers Guild-NYC News • 23 Thanks for making this year’s Spring Fling the most successful ever Honoring Bina Ahmad, Cristina Lee, Meghan Maurus, Martin R. Stolar and the OWS Work of the Chapter plus a Special Tribute to Emily Jane Goodman

Lou Steel, Kitty and Myron Beldock and Norm Siegel Photos by Jamie Fishman / jamiefishmanphotographycom

NLG/OWS Volunteers and Honorees take Center Stage

yvonne lewis, Debra James and Sheila Abdus-Salaam Gideon Orion Oliver and Lamis Deek Danny Alterman and Gus Reichbach

Dawn Kelly and Sam Himmelstein Harvey Epstein and Anita Eliot Stan Mark and Paul Schneyer

Hamra and Bina Ahmad Franklin Siegel, Ellen Chapnick and Marty Stolar Robert Markfield, Craig Kaplan and Robert Cantor

24 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012 Cristina Lee Ellen Meyers,EmilyJaneGoodmanandDannyAlterman FALL 2012 Barbara Tanaka,SarahKunstler,LamisDeekandCristinaLee Nomsa MazwaiandNomisupasta Remarks byEmilyJaneGoodman Remarks byBinaAhmad Part 123 miss thefling?v iew theProgramYouTube on Rose ReginaLawrence,MarcSteierandDawnKelly

Photo credit: John McBride Tribute toGusReichbach Remarks byMeghanaurusPart1&2 Paula Segal,RebeccaHeineggandMoiraMeltzer-Cohen Remarks byCristinaLee Part 12 Elsie Chandler,MartyStolar,MegMaurus,andDeborahMaurus • Natio nal • www.nl gnyc.org Frank HandelmanandDannyAlterman Recognition ofNLG-NYC/OWSVolunteers Videographer: Caroline Goodman-Thomases Remarks byMartin.Stolar and KeviBrannelly Risa Gerson,NatashaLyciaOraBannan Dante CarrollandMozhdehHickson • 25 • News Guild-NYC Lawyers

Photos by Jamie Fishman / jamiefishmanphotographycom From the Archives (From the NLG-NYC Dinner Journal 1996)

26 • National Lawyers Guild-NYC News • www.nlgnyc.org fall 2012