04/24/14 [captioning made possible by democracy now!] >> 04/24/14 04/24/14 democracy now! test isfrom pacifica, this democracy now. that we simply do not have an answer to, and we are unable to debate unless and until the administration releases its full legal justification, not just its summary defense. >> the government must release the legal memo that provides the

legal rationale for killing u.s. citizens overseas. so rules a federal court. we will speak with the aclu which sued for the document. then, silence. thehe only other check on secrets of the government, the only other place to articulate what is at stake for me personally as american or what were the larger stakes for america was the court of public opinion. that's how far would you go to tell the truth? that's a question posed by a new documentary that follows three national security whistleblowers who fight to repeal the darkest corners of america's war on terror. but first, for american muslims are suing the government for placing them on the u.s. no-fly list after they refused to be government informant. we will speak with one of the men placed on the list. all that and more coming up.

to democracy now, democracynow.org come of the war and peace report. amy goodman.'m a federal court has ordered the government to release parts of the legal memo that provide elite the rational -- it will whiten the -- criteria for clemency. the fair sentencing act of 2010 and reduced sentencing disparities between users of crack cocaine and powder cocaine to address a racial imbalance and prison terms but the law did not apply retroactively. the deputy attorney general james cole says the new policy is a matter of basic fairness. >> these defendants were properly held accountable for the criminal conduct. however, some of them simply because the operation of sentencing laws on the books at received substantial

sentences that are disproportionate to what they would have received today. correcting these sentences is simply a matter of fairness that is fundamental to our principles of the department and a commitment that all department of justice employees stand behind. >> the move marks the most substantial clemency effort sent resident jimmy carter offered a reprieve to those who avoided the vietnam war draft. but while tens of thousands of prisoners may be eligible for the new clemency guidelines, experts warn a lengthy review process and other restrictions could lead to just hundreds being released. , executive director of the drug policy alliance called the shift a small step forward saying "we've had a significant rhetorical shift in the war on drugs but a moderate policy shift." obama and drug reform advocates are calling on congress to take additional action with major sentencing reforms. but it will regulators are unveiling new rules today that would effectively abandon net

neutrality. the concept of a free and open internet. the federal communications commission will let internet providers charge media companies extra fees to receive preferential treatment, such as faster speeds for their products and content. under previous regulations struck down earlier this year, providers were forced to provide all content at equal speed. in a statement, the media reform group freed fresh and -- announced the decision saying "giving the green light to pay for priorities ins will be a disaster for startups, nonprofits, and everyday internet users who cannot afford these unnecessary told. these users wall be pushed onto the internet dirt road, while deep pocketed internet companies enjoy the benefits of the newly created fast lanes. ." the new rules will fight -- will likely face a court challenge. we will have more on the willing on friday show. the two leading palestinian factions have announced a

reconciliation deal aimed at healing a seven-year rift. the agreement between the palestinian authority and hamas calls for the formation of a consensus government within five weeks followed by elections in the months. hamas prime minister ismaiel haniyeh helped unveil the deal in gaza. >> this is good news to tell our palestinian nation in the country and in the diaspora about the end of the era of division. resident abbas will start the discussion to form unity government and you should announcement within the legal time, within five weeks. >> the two sides have been at odds since hamas lorton -- for today u.s.-backed who by the pa seven years ago. the israeli government has announced the new agreement. on wednesday, israeli prime minister benjamin netanyahu said the palestinian authority needs

to choose between peace talks and hamas. >> wanting to relaunch the negotiations with the palestinians. every time we get to that point he stacks on additional conditions which it knows will not be met. instead of moving into peace with us, he is moving into peace with hamas and he has to choose. does he want peace with hamas or peace with israel. you can at one another the other. >> the u.s. brokered talks have faltered over israel's continued settlement building in the occupied west bank. the obama administration is seeking to be the framework heal before a self-imposed deadline at the end of the month. on tuesday, the state department criticized the palestinian reconciliation effort, saying it would seriously complicate peace talks. the u.s. and israel have long called on hamas to renounce violence, recognize israel's right to exist and follow pre-existing agreements that without asking israel to reciprocate. a shooting at a hospital and the afghan capital of kabul has killed three american doctors.

the shooter is said to be an afghan security guard who worked at the facility. others were wounded. a spokesperson for the afghan interior ministry announced the attack. the attacker was a security guard, and he opened fire on foreign nationals who were there. unfortunately, three of them were killed. one was injured. and the injured have been taken to the hospital. the police arrested the attacker as well. we will investigate to find out the motives. >> the hospital is run by cure international, a us-based christian group. violence has broken out in eastern ukraine today following the collapse every -- every week and trees. the ukrainian government says its forces have killed five pro-russian separatists in the eastern town of slovyansk. ukrainian troops have reportedly seized separatist check with an ordered others to vacate the government buildings they have occupied for weeks.

speaking today on a visit to japan, president obama says russia has violated the spirit of last week's truce deal and warned it faces new u.s. sanctions. obama also offered public support for japan in its battle with china over a group of islands in the east china sea. obama said the islets are covered by a defense pact between the u.s. and japan. our treatyeiterate commitments to japan security is absolutely salute an article five covers all territories under japan's administration, including the islands could >> japan is the first in obama's for country asian tour. he is expected to discuss the transpacific partnership, the secretive deal among pacific rim countries to establish a free-trade zone encompassing nearly 40% of the global economy. woulds say the tpp further entrench the failures of nafta, the north american free trade agreement, which went into effect 20 years ago, and cause

mass displacement in mexico. protest against the tpp intensified ahead of obama's a visit with several march is in the streets of tokyo. to see our coverage of the tpp as well as our coverage of the broadcast from japan -- you can .o to democracynow.org mississippi governor phil bryant has signed into law a measure banning abortion at 20 weeks, with no exception for rape in. the bill takes effect 20 weeks after a woman's last scheduled period, two weeks earlier than the 20 we dance cap and other states. a law with a similar cut off in arizona has been permanently blocked by court heard georgia governor nathan deal and that in a measure that allows for a massive expansion of guns in public spaces. under the new law, legal owners will have an easier time bringing guns into bars, churches, government buildings, and schools. >> the second amendment should never be an afterthought. it should reside at the weefront of our minds as

craft, pass, & laws. our state has some of the best protections for gun owners in the united eight, and today we strengthen those rights guaranteed by our country's most revered founding document. >> the oklahoma supreme court has reversed a decision that stated executions of two death row prisoners challenging secrecy over the drugs to be used in their lethal injections. the court granted the stay just this week pending the outcome of the prisoners challenged, but on wednesday, the court abruptly ruled the prisoners, clayton lockett and charles warner, are not entitled to know the source of the drugs that will end their lives. the decision follows an unprecedented and potentially illegal decision by oklahoma governor mary fallin that overruled the court's initial state. some republican lawmakers even called for the judges of removal from the bench. the prisoners and all scheduled for execution next week. -- a texas told

couple has won more than 2.9 million dollars judgment against the energy come to me aruba petroleum for disruptive frack -- fracking neverland. the jury found the company intentionally created a private nuisance through its drilling and fracking operations near their home. the pollution was so bad the parrs had to flee their home for months at a time. he says the kids must first fracking verdict in u.s. history. a former oil executive meanwhile has joined calls for a ban on fracking in new york. speaking this week, and longtime executive vice president of mobile oil said "making fracking safe is simply not possible, not with the current technology or the inadequate regulations being proposed." jailed ruled request for --stleblower chelsea manning the name changed to reflect her desire to live as a woman.

she remains in fort leavenworth where she is serving a 35 year sentence for leaking government files. the third anniversary of the collapse of the garment factory in bangladesh. the implosion of the eight story 35 garmentilled 11 workers and injured more than 2500. on the eve of the anniversary, family members of the victims joined with workers and protesters outside the site of the collapsed factory. ever presented a from the united original garment workers call for compensation to victims and families in accordance with international conventions. are demanding for family members to get the appropriate compensation as part of the international labor organization convention. pain and suffering.

market,of the global they should get the compensation and is globally standard -- the -- should pay the contribution to the trust fund. >> and those are some of the headlines. this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman. >> and i'm juan gonzalez. welcome to all of our listeners and viewers around the country and around the world. we begin today's show with the story of four american muslims who say they were placed on the u.s. no-fly list by the fbi after they refused to become government informants. they say they were barred from flying not because they were accused of any crime, but because they refused government request to spy on their own communities. on tuesday night, the men filed a lawsuit seeking their removal from the no-fly list as well as a new legal mechanism to challenge layson on it. the new york times reports of the list, officially called the

database, screening has grown to at least 700,000 people. the government refuses to reveal who was on the list, how one can get off it, and what criteria are used to play someone on it in the first place. >> the more we are joined by naveed shinwari, one of the four american muslims filing the lawsuit. also with us is shayana kadidal from the center for constitutional right. ccr is exempt -- represented the four men along with the city university of new york's creating law enforcement accountability and responsibility program, or clear. tell us your story. what happened? you, first welcome for having us. i have been a big fan of the show since college days.

in october 2011, i went on a haj religious program is with my mother. afghanistan and that is where i got married. on the way back, late february 2012, i was trying to get a boarding pass. i've flight was from couple to dubai and in houston. i was denied a boarding pass in dubai. i was told i had to go outside and meet with u.s. immigration /consulate. i had to obtain a temporary visa outmy mother and i, we went of the airport. then i was interrogated by two fbi agents roughly for about four hours and i was pressured

to give them everything that i know in order to go back home. give them,re that i the better chance of me of coming back home. i was told to take a lie detector test, and they want to i refuse,s -- which because i was very truthful with them from the beginning. , welly, after five days were able to -- we had to buy new tickets, and we were able to come to the u.s. then i was interrogated at the airport in washington by a couple of fbi agents. and then i had several visits in my house. in march of 2012, i found out that i was on the no-fly list geared i had a flight to orlando for a job. was escortedt, i by police officers telling me i could not fly anymore.

>> when you say they interrogated you the first time around, what kinds of questions were they asking you? >> and they told me -- tell us everything. where have you been, have you attended any training camps in ,fghanistan or even to pakistan and to all of those questions my answer was negative. if you met individuals that pose , threat to national security and my answer was negative. what are your feelings about being on the no-fly list? how has it affected your life? where is your wife know, by the way? --t's she is in afghanistan >> she is in afghanistan and 26 months i have not seen her. i spent a month with her and i had to leave and ever since then i have not been able to go back. kadidal, what is the

legality of this? >> i think it is completely illegal. most people find out they are on the list the same way naveed d id, they are denied boarding. sometimes a gate agent will say you're on the list. there is a process to challenge anomaly through the department of homeland security but when you file a complaint you never told whether or not you are on the list or whether you were removed. the government never tells us what the criteria of being on the list is. we think it has something to do with what the ui threat to civil aviation, whatever that means, but they never sort of published a definition and never resented it evident that they used to put you on their. a lot of times i do not think the government knows what evidence they used because the field level fbi agency for all practical purposes can nominate somebody like naveed, those who interviewed him in dubai can do it at their own discretion just like a new york city beat cop can put you on the list. it is basically a rubber stamp, the level of review.

you get the situation that is right before abuse. and like our other clients, i think the fbi put him on the list basically because they knew there was no process where you could challenge it and where he could get off, other than coming to court, like we have now. they could use it very effectively to twist their arms to spy on completely innocent members of the muslim community. client issue of your being asked to spy on their communities, can you elaborate on that? answered allnaveed the questions negatively and still on the list. they are asking people not to spy on friends and family acquaintances who the government suspects of involvement in crime or terrorism, that asking them to troll the community for information. the same totality that underlies the nsa surveillance programs. every information is civil. -- civil society and the figure out one wanted a later.

>> aviation security specialists winn told a news station that people are not one of the list arbitrarily. >> something has arisen in his background that has restricted movement on the u.s. carrier. >> your response? let's quickly -- >> the most obvious is to look at a case just located on the west coast with the government evokingars thought -- every secrecy document to resist telling a former stanford phd student whether or not she was on the list. it turns out they had accidentally put her on a list because it yet agent had incompetently checked yes instead of not checking it. they took her off the list in 2005 but yet they fought for eight years in court to avoid having to tell her that and to really avoid telling the public and made a spectacular mistake here >> in december we talked about the hidden cost of being

placed on the no fly list, r ahina uber haim, who sued the u.s. government after her name was placed on the list and she was barred flying back from malaysia to united states. this is her attorney. >> people are harmed for being on these watch lists. they are being harmed and not being allowed to fly and also be subject to a lot more scrutiny from law enforcement officers every time they run into them. if you are on a watchlist like this and you are stopped for speeding, the officer runs your license through a pewter system and you are informed you are netlist and naturally you will be much more likely to be arrested and received a certain kind of treatment. those are more due process rights that may be infringed, those are kind of the obvious costs of terrorist watch list. the hidden costs of the systemic

cost that people do not talk about as much. such as the effect on policy. one of the striking things about these watch lists is that as far as we know, there is absolutely no mechanism for the agencies who run them to assess how well they are doing. there is nothing built in the system for people to review and say 10 years ago we thought this was a bad guy. how did that turn out? did our projection pan out? if it didn't pan out, maybe you would -- we were doing something wrong. what can we change? one of the hidden costs is the bloating of the watchlist with lots and lots of people who are most likely or even definitely not harmful and do not pose a threat. give us the impression that the main danger we face today is terrorism. >> that was anya bernstein, attorney for the only person who has been able to successfully

challenge the on the no-fly list. the impact on you and other people you personally have been acquainted with who have also been placed on the no-fly list? .> it is very frustrating you feel helpless. no one will tell you how you can gawk -- get off of it. and it has a profound impact on people's lives. big effect on my life, this is one, and so of the reasons why i wanted to come out, was there might be a lot of people that are afraid to speak up. out andnted to come show to everyone that, you know what, you don't have to be afraid in this country and you can come out and speak your

mind. we have to come together in order to resolve this best of these kinds of programs and these assorted issues. >> can you describe the other men who are suing? seen his wife and 26 months and we have another plaintiff who has not seen his wife or three small borders for five years because he is on a no-fly list. all of our clients have family overseas -- pakistani american, afghan american, yemeni american. another client has a 93-year-old grandmother in pakistan was begging to see him because she is gravely ill and she cannot travel here. this woman raised in and he cannot flight back there because he is on this list did it is devastating. and as astigmatic element to it, too. there are people in the community who have turned away from some of our clients because they wonder why the government put them on this list. surely there must be some reason. >> can you talk about this and the context of the other instances of surveillance of the

muslim community in the united states? obviously in new york city, we have been notorious example now stopped by the de blasio administration of conducting random surveillances of the muslim community? 9/11, 1312 years since years -- we have a huge and very well financed infrastructure for counted -- for counterterrorism and it generates the pressure to reduce result. fbi agents feel pressure to hit numerical quotas to reduce a certain number of "informers." does not matter whether they have any crime or terrorism or whether people they name -- they noted, either. again, it is surveilling the community for surveillance sake. activistpalestinian says he was mysteriously questioned by the fbi after a tribute to the middle east. he later found himself on a no-fly list trying to fly to san

diego from costa rica. a law student reportedly returned to california by flying to mexico and then walking across the border. he addressed supporters after returning home. >> i am happy to be home, finally it might own home town where i was born and raised. using the bloodshot eyes. i am still going through it. it was very tiring and depressing. very disappointing for this to happen to anybody am especially if they were born and raised here. kevin is a u.s. citizen, so he holds a business conference. talkingyou are here publicly. what about the repercussions for you? are you concerned about any, about how people will view you? >> even within my household, they were not in favor of me coming out. they thought that this might make the situation difficult in

bringing your wife here in the future. if that is even within my house. outside, many friends and family were against this as well, too. but in every civil rights case, or whenever civil rights are violated or abused, people have to speak out. if i don't do it, who else will do it? 16,000 to 21,000 people on the list of majority are innocent and don't know what they have done wrong. we need openness to this program. >> we want to thank you for coming to democracy now and telling your story. is one of four america muslims who filed a he has not seen his

wife and one of two years. shayna tidied out, senior managing attorney for the center for constitutional rights. this is democracy now. when we come back, a federal court has ruled a memo must be released that explains the rationale for killing the awlakis as well as other american citizens. stay with us. [♪] [musical break] [musical break]

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