Burge torture taxpayer tab eclipses $210M — and counting

This article was originally published on InjusticeWatch

Follow this link to read all of Flint’s taxpayer charts that were referenced in this article.

By Flint Taylor | June 14, 2022

Fifteen years ago, my colleagues at the People’s Law Office and I were engaged in a legal and political battle with the city of Chicago over police torture. Then-corporation counsel Mara Georges was threatening to renege on a settlement agreement that had been reached on behalf of several torture survivors who had been awarded innocence pardons by former Gov. George Ryan.

Seeking to bolster our public case that a settlement was more fiscally responsible than continuing to fight the individual lawsuits in court, we filed a Freedom of Information Act request for attorneys’ fees and costs paid to private counsel to defend Jon Burge, his band of henchmen, and the city in these cases. The total to that point was $10 million. Add to that the $7 million that Cook County taxpayers kicked in to finance a four-year investigation of Burge torture by special prosecutors that was widely condemned as a whitewash, and the tab for police torture in Chicago, as of September 2007, was roughly $17 million.

Fast-forward 15 years, and the city and county are repeating the same approach to police torture cases. The city is currently fighting seven lawsuits filed by torture survivors in federal court. And the county’s special prosecutor continues to fight tooth and nail to maintain convictions that were obtained through alleged torture.

The only thing that has changed is the total cost to taxpayers, which has now ballooned to more than $210 million — and counting.

How have we reached this figure? Through public-records requests and available data, we tallied the total amount paid in defense and special prosecutor fees, settlements, state Court of Claims and Torture Commission expenditures, and pensions to alleged torturers. This figure doesn’t include the unknown amount that the federal government expended in successfully prosecuting Burge and later investigating, but refusing to indict, his two self-anointed “right-hand men.”

A pie chart showing the amount paid for settlements, verdicts and reparations ($108.2 million), pension payments ($38.7 million), Chicago lawyers' fees ($37.5 million), Cook County lawyers' fees ($19.5 million) and state torture commission and court of claims ($7.9 million).

City of Chicago ‘pinstripe patronage’ ($37.5 million)

“Pinstripe patronage,” so dubbed by legendary Chicago attorney R. Eugene Pincham, has long been an important aspect of the city and county’s response to police violence litigation. In the 1970s, they collectively expended more than $2 million in defense of Cook County State’s Attorney Edward Hanrahan and the Chicago police officials who planned and carried out the fatal raid on the apartment of Black Panther Party leader Fred Hampton. In the 1980s, the Chicago City Council appointed former prosecutor William Kunkle to represent Burge in Andrew Wilson’s federal torture case, and the parade of private lawyers in the Burge cases has continued to this day.

Read More

Burge squad gone, but the cases live on

Demond Weston’s petitions for relief were routinely denied. But that was before the full extent of Chicago police torture under disgraced commander Jon Burge was known, and before the three Burge subordinates who questioned Weston were accused of torturing confessions out of suspects in a series of other cases.

The total pinstripe patronage now stands at $37.5 million. Three enterprising lawyers, Andrew Hale, Terry Burns, and James Sotos, and their associates are by far the leaders in collecting fees to defend the city in police misconduct lawsuits. Collectively, they have taken home $21 million in defense of the Burge torture cases (and, as remarkably, $116 million in total taxpayer-funded fees and costs from 261 police misconduct cases since 2004).

Cook County special prosecutors and ‘pinstripe patronage’ ($19.5 million)

The Cook County Board and Cook County State’s Attorney’s Office have also practiced pinstripe patronage by hiring outside lawyers (often former prosecutors) to represent the county in the Burge cases. In 2002, Circuit Judge Paul Biebel, in charge of the court’s criminal division, appointed two former state’s attorneys, Edward Egan and Robert Boyle, to investigate the mounting allegations of torture and abuse by Burge and his crew. Four years and $7 million later, they finished their investigation with a report that exonerated former State’s Attorneys Richard M. Daley and Richard Devine while invoking the statute of limitations as a rationale for not returning any indictments.

In 2009, another special prosecutor was appointed, this time to resist the claims of torture that were being heard in the Cook County criminal courts, a task that the private law firm headed by Michael O’Rourke took on with a vigor that has rivaled that of their city defense brethren. The county has paid these private lawyers more than $8.5 million since 2009, according to my calculations based on the monthly meetings of the Cook County Finance Committee (curiously, the running total posted by the committee in its monthly agenda is about a million dollars less).

The county also pays private lawyers to represent former prosecutors who are sued for their alleged roles in the conspiracy to torture and cover up. Together with settlements in those cases, the county has paid another $4 million in public monies. Thus, the county has expended at least $19.5 million in opposing claims of torture in the criminal courts and otherwise furthering the cover-up of the Burge torture scandal.

Pensions to Burge and his alleged co-conspirators ($38.7 million)

Despite public outcry, Burge continued to collect his pension after he was fired by the Chicago Police Department, convicted by a federal jury for lying about torture, and served 54 months for perjury in Butner federal penitentiary. Those payments had amounted to more than $900,000 when he died without beneficiaries in September 2018. His two foremost “right-hand men,” John Byrne and Peter Dignan, who have been found to be torturers by Office of Professional Standards investigators and a federal civil jury, have collected an additional $2.65 million. When all the detectives and supervisors who have been found or repeatedly accused of torture and cover-up are included, the number balloons to $43 million.

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Several Area 2 commanders and police superintendents — most notably Phil Cline, LeRoy Martin Sr. and Fred Rice — also played important roles in the torture scandal, and their pensions add another $5.3 million to the mix. All totaled, these pensions amount to $48.37 million, approximately 80% of which has been funded by the city.

City settlements, verdicts, and reparations ($108.2 million)

While spending taxpayer money without compunction to defend police torture, city leaders have shown an opposite attitude when addressing the damage that the Burge torture scandal has visited on its African American victims. After its unsuccessful attempt to renege on the 2006 group settlement, city lawyers during the Richard M. Daley and Rahm Emanuel administrations employed a similar strategy in almost all the successive cases that were brought by exonerated torture survivors — fight the case tooth and nail, racking up million of dollars in fees, and then reluctantly settle the case as the trial date neared. After Emanuel, under intense pressure, agreed to a historic reparations package that included financial compensation to 57 torture survivors who had no legal recourse and made a full-throated admission of culpability, one would have thought that the days of the city insisting in court that there was no systemic torture had finally come to an end.

Read More

The Stanley Wrice Jury Returns

Civil rights lawyer Flint Taylor questions why the Lightfoot administration has hired lawyers who aggressively challenge in court the credibility of defendants’ contentions they were tortured into confessing by members of the crew of former Chicago police commander Jon Burge.

Unfortunately, Mayor Lori Lightfoot, in stark contrast to her repeated public condemnations of the pattern and practice of torture under Burge, has doubled down on the city’s defense of police torture. In 2020, for the first time since 1989, the city took a police torture case to trial, defending notorious Burge henchmen Byrne and Dignan in the Stanley Wrice case. The jury handed the city a resounding defeat — a $5.2 million verdict. After blustering that it would appeal, the city quietly settled last year for just over $6 million.

Since 2005, the city has now settled 19 cases for a total $101.25 million. When the $5.5 million in reparations and the $1.4 million obtained in the 1990s are added, the total awarded adds up to $108.15 million, with at least seven cases still pending.

State torture commission and court of claims ($7.9 million)

In 2009, the state of Illinois passed the Torture Inquiry and Relief Commission Act, thanks to the organizing of Black People Against Police Torture and state legislators Kwame Raoul and Art Turner. The TIRC Act provided for administrative review of Burge-era police torture cases and empowered the commission to send meritorious claims of torture back to the Cook County criminal courts for new hearings. The commission, whose scope has subsequently been expanded, has sent numerous cases back to the courts, and many survivors have been afforded new trials. To date, the TIRC has cost state taxpayers $4.5 million.

The state Court of Claims is tasked by law to award a legislatively determined amount to those Illinois prisoners who were wrongfully convicted and were subsequently determined to be innocent. To date, 16 Burge torture survivors who have received a judicially awarded certificate of innocence or an executive innocence pardon have received a combined $3.4 million from the Court of Claims for a total of 378.5 years of wrongful incarceration. This figure does not include the million of dollars expended to house these innocent men.

Seven pending police torture cases

The total expenditures are staggering. And the end is not in sight.

Seven Burge-era torture survivors are currently seeking damages in federal court — all but one of them have been declared innocent after decades in prison. To date, Lightfoot, the State’s Attorney’s Office and the Cook County Board have lawyered up, committing untold additional millions to continue defending the indefensible.

Three of the cases merit special mention. Robert Smith, James Gibson, and Jackie Wilson spent a collective 98 years behind bars and have been found to be innocent of the crimes for which they were convicted. Not only have they sued their alleged torturers and the prosecutors who allegedly collaborated with them, but they also have sued the city for its admitted pattern and practice of torture under Burge.

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‘Who is James Gibson?’ Exonerated Chicago police torture survivor reflects on identity, faith, and reentry after 29 years in prison

Gibson, 54, spent nearly 30 years behind bars after he says he was beaten into confessing to two 1989 murders. In an essay, Gibson recounts how his wrongful conviction and long fight for freedom robbed him of his identity, and how he’s trying to move forward.

In Smith’s case, one of the defendants is Cline, who replaced Burge as the Area 2 crimes lieutenant in 1986 and later ascended to become the superintendent. According to Smith’s allegations, Cline did nothing to investigate or stop the pattern and practice of torture but rather perjured himself to cover for one of the detectives who physically abused Smith. Cline, now the executive director of the Chicago Police Memorial Foundation, has denied the allegations.

In the Gibson case, the city’s pinstripers have followed a well-worn path: They moved to bifurcate the pattern and practice claim from the underlying torture claims to avoid admitting in court what the city’s policymakers have repeatedly admitted publicly. The judge denied their motion and will now decide whether to grant summary judgment on the issue of whether there was a policy and practice of torture — a motion, supported by an amicus brief signed by 47 business and civic leaders, which I hope will hoist the city on its own policymakers’ petard.

In the Jackie Wilson case (Full disclosure: I am one of his lawyers), a parade of prosecutors — from the assistant state’s attorney who had been previously found by special prosecutors Egan and Boyle to have lied when he denied his involvement in the torture to the prosecutors who wrongfully prosecuted Wilson three separate times — are named as conspiring co-defendants. Several of these former prosecutors are now the subjects of another special prosecutor’s investigation into their alleged perjury and obstruction of justice. Wilson is not only armed with a certificate of innocence but also with detailed findings by the criminal court judge who ultimately dismissed his case that he was tortured as part of the pattern and practice at Area 2. So far, the city and county’s response, no doubt influenced by Cline and the Fraternal Order of Police, has been to double down with eight sets of private lawyers who are throwing all sorts of highly questionable arguments at the wall, including a frivolous challenge by one of the prosecutor’s lawyers to the TIRC’s right to refer meritorious cases to the criminal courts.

It is now 50 years since Burge and his crew tortured their first Black victims, yet the city and its mayor, aligned with the Fraternal Order of Police, and the county and its state’s attorney, aligned with old-guard prosecutors who reigned under Daley, Devine, and Anita Alvarez, continue to deny, obstruct, and spend taxpayer dollars in state and federal court in an unending and unconscionable effort to deny freedom and compensation to those torture survivors who so richly deserve some modicum of justice.

Until the political powers that be remove themselves from the wrong side of history, the Burge torture scandal will drag on, and the taxpayers will continue to involuntarily fund the torture deniers who are responsible for this shameful chapter of racist police and prosecutorial violence and cover-up.

Flint Taylor is a founding partner of the People’s Law Office in Chicago and has represented dozens of clients in torture and other police misconduct cases. He is the author of “The Torture Machine: Racism and Police Violence in Chicago.”

FATHER OF JOSEPH LOPEZ FILES CIVIL RIGHTS SUIT

The father of Joseph Lopez, and his attorneys, Flint Taylor and Ben Elson of the People’s Law Office and Greensboro attorney Graham Holt, have today filed a Federal Civil Rights lawsuit against Greensboro police officer Matthew Hamilton, and the City of Greensboro for Hamilton’s fatal shooting of Joseph Lopez on November 21, 2021.
       The complaint, which was drafted after attorney Holt obtained a Court order and viewed the GPD body worn camera (BWC) footage of the shooting, alleges that

  • without justification, Defendant Hamilton released his police dog into the room where Joseph was sitting.
  • The dog unjustifiably attacked Joseph who yelled out in distress
  • Seconds later, Defendant Hamilton walked through the door, pulled his handgun from his holster, stepped into the room, and without saying anything, shot Joseph once square in the face with his service handgun
  • Joseph died at the scene as a result of the hollow-point gunshot wound.
  • Immediately after fatally shooting Joseph Lopez square in the face, Defendant Hamilton exclaimed “Oh s**** . . . f***.”
  • Joseph was unarmed, was sitting in a chair approximately 15 feet away from Hamilton, he made no verbal or physical threats to Defendant Hamilton or others, and presented no immediate danger to Defendant Hamilton or others.
  • Hamilton and his fellow officers engaged in a cover-up of Hamilton’s shooting which the medical examiner’s investigator nonetheless classified as a “homicide/murder.”


         The complaint also names the City of Greensboro on the basis that the GPD had in place several related policies, practices, and customs, including

  • An unconstitutional pattern and practice of using excessive and deadly force disproportionately against persons of color;
  • Failing to properly discipline GPD officers who engage in excessive and/or deadly use of force and by otherwise publicly covering-up the true nature of these incidents;
  • Failing to properly train and supervise GPD officers in the specific areas of use of canines, use of deadly force in circumstances when a citizen is unarmed and presents no danger to himself, the officers involved, or any other person, and in de-escalation tactics.

               Chicago attorney Flint Taylor, on behalf of Joseph’s father, called out the GPD and the Guilford County District Attorneys’ Office for their failure to act in response to this egregious police shooting: More than six months after this homicide-murder, It is outrageous that officer Hamilton remains on the police force. He should be fired for unjustifiably taking an innocent man’s life. He should be criminally charged by the District Attorney, and the City of Greensboro should take whatever steps are necessary to make the BWC videos available for the public to see for themselves what happened on November 21, 2021.

To learn more about this case read the Triad City Beat article.

A Tribute to Iconic People’s Lawyer Dennis Cunningham (1936-2022)

By Flint Taylor

PLO Office 1976

On March 5, 2022, Dennis Cunningham, who was the epitome of a true and uncompromising people’s lawyer, transitioned peacefully at his son’s home in Los Angeles, California.

Dennis was a unique and brilliant human being, who proudly wore his radical politics on his sleeve and never shied away from writing about, speaking on, or putting into action his passionately held and thoroughly analyzed beliefs.

At the age of fifteen Dennis attended the University of Chicago as part of a Ford Foundation program for students who had completed two years of high school. After graduating, he traveled around Europe for several months in a battered Vespa, going over the Alps and the Dolomites to Rome, hanging out with numerous people, including jazz musicians, most notably saxophonist Dexter Gordon. He worked as a copyboy for the Chicago Sun Times, worked as a reporter for a small Iowa newspaper, and returned to Chicago to be involved in the starting of Chicago’s famed Second City, where he worked as a bartender and improv actor.

Inspired by the 1963 March on Washington, which he called “the engine of my enlightenment”, Dennis went to work for the City of Chicago’s Human Relations Commission, investigating housing discrimination, while attending Loyola of Chicago’ Law School at night. He left the City job when he realized, in the wake of Chicago Mayor Richard J.  Daley’s response to Dr. King’s 1967 march for open housing, that he was working “for the wrong side.” He was sworn in as a lawyer in November of 1967, just in time to represent persons arrested in the uprising that followed the assassination of Dr. King and the Chicago police riot at the 1968 Democratic National Convention. As Dennis recently described it:

a zillion people got busted [at the convention]. Three weeks later [attorney] Ted [Stein] and I are sitting there, the two of us, and everybody left town, and we had like 300 cases. . . I started going to court. I had really good luck then because I got to try a lot of cases, and they were all bench trials.

Shortly thereafter, filmmaker Howard Alk introduced Dennis to Fred Hampton and Bobby Rush, who were starting the Illinois Chapter of the Black Panther Party. Soon after that, Fred requested that Dennis represent him in a multi-defendant mob action case that arose from a demonstration against a segregated swimming pool in Fred’s home town of Maywood, Illinois. As Dennis described the experience:

This guy, Ivory (a co-defendant) was represented by (notable Black attorney) James Montgomery, who I vaguely knew. But there he was, and I’m like thank goodness I have someone to watch what he does, and have half a clue as to what I’m supposed to do, and that’s the way it went. . . I don’t have a lot of memory about how the trial went except that I gave a rousing closing argument, which Fred really liked, that sounded really good. Montgomery later acknowledged that it was good, and we got a not guilty, that was really sweet. A big relief I’ll tell you that. I sure didn’t want to lose that case.

At about this time, Dennis was talking to two other young lawyers, Skip Andrew and Don Stang, about starting a law collective, which they decided they would “boldly” name the People’s Law Office. With Fred Hampton and the Black Panther Party, Cha-Cha Jiminez and the Young Lords, and SDS members as clients who were regularly subjected to arrests and police violence, Dennis, Andrew and Stang, together with attorney Jeff Haas, and law students Seva Dubuar, Flint Taylor, Ray McClain and Jack Welch, opened the People’s Law Office in August of 1969.

When the Chicago police murdered Fred Hampton and Mark Clark in a pre-dawn raid in December of 1969, Dennis took a leading role in coordinating the legal and political effort that the People’s Law Office, the Panthers, and the Black community of Chicago mounted to expose the lies that the raiding police and the conspiring Cook County prosecutors were loudly trumpeting in the media and in the courts. A few years later, the PLO, lead by Dennis, Haas and Taylor, undertook the Herculean task of uncovering and exposing the FBI and its Cointelpro program’s central role in the assassination of Fred Hampton, a legal and political battle that spanned more than a decade and included an 18-month Federal civil rights trial.  As Taylor described Dennis’ role:

He was an advisor, a mentor, an inspiration; he always had the big picture, he always thought about, and knew about what one move would lead to with regard to the next move . . . his involvement was crucial to our plotting out and making our 13- year fight to expose the FBI’s role in the assassination.

Also in the early 1970s, Dennis became involved in the 30-year struggle to defend the Attica Brothers and to expose the truth in the wake of the 1971 prison rebellion and the law enforcement massacre that followed. Michael Deutsch, who was recruited to the People’s Law Office in 1970 and worked side by side with Dennis during the series of criminal and civil legal battles, incapsulated Dennis’ leading role:

Dennis had the unique ability of bringing the political essence to the courtroom, not only in court but also in his written advocacy. He was a master at capturing the political nature of the case. For the 30 years we worked on Attica, Dennis was a key person in organizing the Brothers, in putting forth the Brothers’ position, in helping to maintain unity among the Brothers. He related to the Brothers in a way they could trust and know that he believed in their struggle.

In Chicago, Dennis also represented numerous leaders and members of the SDS-Weathermen, and Rising Up Angry, and later provided counsel to arrested FALN members and Palestinian liberation hero Rasmea Odeh. One of the most famous of those clients, Bernardine Dohrn, eloquently linked Dennis’ acting background to his unique lawyering skills:

I picture him as lanky redheaded hipster, coolly unlawyerly, Darrow returned as Nelson Algren. Dennis was a performance of understated defiance, hurling himself into history on the side of the dispossessed. Dennis does law as the theater of improv. He was an early practitioner of the disciplined art of spontaneity, schooled in the improvisational acting techniques of Viola Spolin and Paul Sills at Second City and the Compass Players. Perhaps Dennis is the singular fusion of improv and the practice of law, taking the drama of legal performance into the uncharted territories of jazz riffs and invention. His skills of listening, clarity and confidence, of wit and speed, are seen in today’s progeny of poetry slams, hip hop and rap performances.

In the early 1980s, Dennis moved to San Francisco where he continued his career as a people’s lawyer, while maintaining a close working and comradely relationship with the People’s Law Office. With other Bay area lawyers, he represented protesters who were subjected to mass arrest at the 1984  Democratic Party convention; during anti-nuke actions at the Livermore Laboratory; at anti-apartheid demonstrations; and at Central American solidarity actions. He also represented folks arrested during the police sweep of Castro Street in 1987; at the Rodney King verdict protests in 1992; and during actions by Food Not Bombs, Act Up, and others. Dennis also defended classical violinist Nicholas Leiser, who persisted in playing his violin in BART stations despite repeated arrests, and brought a case that established the right of musicians to play in such public places. After defending Religious Witness with the Homeless for multiple sit-ins, leading Sister Bernie Galvin of Religious Witness called Dennis “the world’s greatest lawyer.” Remarkably generous in practicing people’s law, he represented numerous prisoners without fee, and was a charter member of the Fleagle Aid group that dispensed free legal advice at a Berkeley flea market during the late 1980s.

 In 1992, Dennis and Ben Rosenfeld brought a case against FBI agents and Oakland police officers involved in the frame-up and media smear of Earth First! activists Judi Bari and Darryl Cherney, after a car-bomb assassination attempt against Judi in May 1990. The attack came at the start of Redwood Summer, a planned season of mass protest and direct action against the destruction of old-growth forests. Dennis and Ben were part of a legal team that brought the case to trial in 2002, and won a $4.4 million verdict with eighty percent of the award assigned to plaintiffs’ first amendment claims that the sensational false arrest after the bombing was a latter-day Cointelpro operation. Dennis’ youngest daughter, Bernadine Mellis, documented the Bari case and Dennis’ role in it in the award-winning film The Forest for the Trees.

Following the Bari case, the legal team was recruited to represent plaintiffs in the “pepper spray” case, where locked-down forest-protection protesters in Humboldt County had refused orders to unlock themselves, and had pepper spray daubed in their eyes by police. After two hung juries, a third jury compromised on a 2005 verdict for nominal damages of one dollar per plaintiff. A later settlement of the Plaintiffs’ claim for attorneys’ fees brought the case to a final resolution. In typical Cunningham fashion, Dennis shared his hard-earned fee with his clients.

Dennis, a career-long active member of the National Lawyers Guild, was one of the originators of the Guild’s National Police Accountability Project, and was honored first in Boston by the national Guild, and later by the Guild’s San Francisco chapter who awarded him the 2007 Spirit of Justice Award. Importantly, he was also supported without fail by his remarkable family, particularly including his daughters Delia, Miranda and Bernardine, and his son Joe.

As the tributes continue roll in from clients, friends, colleagues, and so many others whose lives Dennis touched, former People’s Law Office lawyer Jeffrey Haas aptly summed up Dennis’ legal career:

In court and in his writing Dennis was brilliant, imaginative, a visionary, often histrionic, and a passionate defender of many Movement leaders and causes.

He was, without a doubt, a true people’s lawyer.

Note: the author gratefully acknowledges the use of information from the Anti-Imperialist News article of March 7, 2022 entitled Dennis Cunningham – transitions at the age of 86 on March 5 as well as other interviews, tributes and collective recollections.

In Dennis’ memory, his family has organized a donation pool via the National Lawyers Guild to the Water Protector Legal Collective: www.nlg.org/donate/waterprotectorlegal/

NLG Convention 2013 San Juan Puerto Rico

Statement by the Marcus Deon Smith Legal Team

As a result of much blood, sweat and tears by the Marcus Smith family, community activists, and the Smith legal team, the Greensboro City Council voted last evening to settle the Marcus Deon Smith case by releasing the following joint statement:

The City of Greensboro and the family of Marcus Deon Smith have reached an agreement to resolve the lawsuit brought by the Estate of Marcus Deon Smith. Importantly to these parties, the total settlement of $2,570,000 (the majority of which will be paid by the City of Greensboro and the remainder by Guilford County) will financially benefit both the parents of Marcus Deon Smith and his children, and will formally acknowledge with a commemorative plaque that Marcus Deon Smith’s life mattered. These parties will soon request judicial approval of the settlement and dismissal of the lawsuit, without any findings of wrongdoing or liability. After the settlement is concluded, these parties intend to move forward in the spirit of respect and reconciliation.

While the details of the agreement are still confidential,we on the legal team and on behalf of the Smith family want to thank the activists of Greensboro and all those of goodwill in the Greensboro community for standing shoulder to shoulder with us in this long struggle for transparency and justice in the Marcus Deon Smith case. We are gratified that this agreement will honor Marcus’s deep love for his children and that the City of Greensboro will formally recognize that Marcus Deon Smith’s life matters.  

The Smith Legal Team 
Flint Taylor and Ben Elson of the People’s Law Office and Graham Holt 

LIFETIMES OF LEGAL ACTIVISM: THE ATTICA LAWYERS 50 YEARS LATER

In the wake of the deadliest prison riot in U.S. history, a group of radical, young lawyers banded together to defend the inmates. It became a lifelong commitment, and an experience still profoundly affecting their lives.

This article was originally published in The News Station on September 9th 2021, by Gabriel Pietrorazio. Follow this link to read the full article.

GLOBAL WAR ON TERRORISM AND COUNTERTERRORISM AT HOME

This speech Initially was presented on August 25, 2021 at a gathering of peace groups in Chicago, IL by People’s Law Office Attorney Michael Deutsch

Next month there will be remembrances and memorials across this country about the people who lost their lives here on 9/11. It would appropriate and necessary that we also reflect on the illegal invasion and occupation of Afghanistan and Iraq and the unspeakable deaths and destruction caused by this Global War on Terror [GWOT] – over 1 million Iraqis; 300,000 Afghanis;80,000 Pakistanis; and countless more in Yemen, Somalia, Libya, Syria, and Niger dead, and more we don’t even know about.

Today, I want to focus on the other aspect of this forever war.  We can see very clearly now over the last two decades, that it was not terrorism, but U.S. counterterrorism/insurgency, that has upended fundamental U.S. constitutional rights and international human rights law, and in many ways has created the situation which threatens the fabric of our so-called fragiledemocracy. In the 60’s the anti-war movement called for bringing the war home. Now in some perverse way we have brought the GWOT home.

First let me be clear, if anyone has any doubt, the policies and practices of counterterrorism were and are bipartisan, supported and expanded by presidents and members of both political parties. In fact, in 1996 even before 9/11, Clinton — supported by Congress (91 to 8) — passed the “Anti-Terrorism and Effective Death Penalty Act,” described as an “act to deter terrorism.”  It remains today (with higher penalties) one of the main legal structures to prosecute and imprison Muslims, Palestinians opposing Occupation, and others resisting U.S supported oppressive governments. Under this law the Secretary of State is empowered to make a list of Foreign Terrorist Organizations (FTO) with a limited right to challenge such designation. It also criminalizes any act that is considered to provide “material support” for such a designated group (there are several hundred on such a list) which includes First Amendment activity (charitable giving, providing human rights training or assisting groups making claims of human rights violations) if considered “under the direction of or in conjunction with an FTO,”  with penalties of up to 20 years in jail.  The designated FTOs consisted of only groups that oppose U.S. occupation or policies, or authoritarian allies of the U.S, ignoring those that were clearly involved in terrorism like the Israeli Defense Force[IDF], the Mujahedin-e-Khalq [MEK] or even Israeli settler groups.

 Under this law, the government need not show that such support was for acts of violence or otherwise illegal acts. For one example, the leaders of the Holy Land Foundation, which was the largest U.S. based Muslim charity supporting humanitarian needs throughout the Middle East, including Palestinians living on Occupation, were sentenced to up to 65 years in prison after two trials in Texas. Hundreds of others, mostly Muslims living in the U.S., have been imprisoned under this statute.

Days after 9/11, Congress passed the “Authorization for the Use of Military Force” [AUMF] against those involved in 9/11, without naming a specific enemy or geographical or temporal limitations. This authorization continues in effect today. This has been interpreted by the government to extend not only those involved in 9/11, but what it characterized as “associated forces.” In 2002 the Congress passed another authorization prior to its invasion of Iraq. This overbroad interpretation gives the government a blank check to use military force Libya, Somalia, Niger, Iran, or anywhere else who were clearly not “associated forces,” thus emasculating Congress’ power to declare war and allowing for endless wars. It is believed that since 9/11 U.S. military force has been used in 19 different countries.

 After the military authorization, Bush moved swiftly to carry out the military invasion of Afghanistan, ostensibly to capture Osama bin Laden and Al Qaeda, who escaped to Pakistan. Hundreds of Afghanis were captured and sent to secret U.S. black sites, or were sent to other countries to be horrifically tortured, under what was denominated as “extraordinary rendition.”

In addition, illegal secret surveillance was conducted, seizing the contents of millions of phone calls, and other communications from abroad, in violation of Constitution and without out authorization of the FISA law created in 1978 which required approval of all foreign intelligence by a special court with secret proceedings. 

 In order to avoid federal and military law prohibiting torture, to say nothing of the Constitution, Bush had his lackeys in the OLC (John Yoo, now a law professor and Jay Bybee, a judge on the CA 9th Circuit) to define torture as “causing organ failure, death or irreversible psychological damage.”     Those captured and tortured (many totally innocent) who were perceived as high value detainees were then sent to Guantanamo prison, an occupied Cuban territory, and detain indefinitely without charges. As part of the WOT hundreds more were captured after the invasion of Iraq, under the lie that Sadaam was involved with 9/11, and had weapons of mass destruction, were imprisoned at Abu Ghraib in Iraq where they were humiliated by soldier guards forced to be nude in front of female soldiers and physically and repeatedly abused and forced feed to stop the hunger protests

Within two months of 9/11, the 300 page U.S Patriot Act (was it already drafted before 9/11?) was passed, legalizing broad unconstitutional powers of surveillance, that up till then had been done secretly in a program not even known to many members of NSA, called Stellarwind. The Act created powers to secretly spy on U.S. citizens and collect billions of metadata phone records (the numbers, dates, and names of the senders and receivers of every phone call made in the U.S. and abroad. Shockingly, Director Michael Hayden, was quoting as saying, “We kill people based on metadata.”

The Act also authorized National Security Letters, whichempower  federal agents to obtain private telecommunications and customer records held by banks and other financial institutions, and business records of Americans, without judicial authority, and which gag victims of such searches, prohitibing them from speaking publicly about it. In challenging any judicial oversight to surveillance, William Barr, then general counsel for Verizon, stated that the FISA court was too restrictive and that judges were not competent to make decisions about surveillance. 

The Act also permitted physical or electronic searches called “sneak and peek,” which allowed for agents with a warrant to enter a home in the absence of the resident or seize telecommunications and delay in notifying the target of the searches.  In addition, under Section 702 of Patriot Act, all data collected from social media platforms (Google, Facebook, Microsoft) (Surveillance Capitalism) were authorized to be automatically turned over to the NSA.   

In addition, the government was allowed to invoke the States Secrets Privilege to prevent any civil suits that challenged torture or surveillance. By 2012 the FISA Court was bullied into holding that collection of metadata about phone calls was legal under FISA, but the secret taping of the contents of phone calls was still going on. 

At the same time the shockingly narrow definitions to condone torture and secret surveillance were being carried out, there was growing anti-Muslim campaign in the U.S. The Islamophobes were fanning the flames of fear and hatred. The FBI and Security State focused on Muslims living in America. The FBI organized 15,000 informants dedicated to infiltrating the Islamic community centers, Mosques and schools, looking to spy on and entrap Muslims, with phony or exaggerated terrorism charges.

Tens of Muslims were detained without charges under the Material Witness Statute, falsely claiming that if they were not detained, these people were likely to flee. Hundreds were charged and convicted of providing “material support” or other criminal charges, and then offered reduced charges in exchange for information or for acting as informants.

Anti-Sharia laws were proposed in 30 states. Enflamed by fear of Muslim Terrorism, concerted efforts on social media platforms and by right wing media that Islam = terrorismwere beginning to grow roots in the U.S., which as we know had a long history of racism and fear of the other. Nativist anger was on the rise.

But wait — a new president was elected — a constitutional law professor who called the Iraq war a stupid war and talked about hope and change; the “hope” that the counterterrorism and the attack on our civil liberties at home would be ended. But alas that was not to be.

It turned out, Barack Obama wanted a sustainable GWOT, but without fear and Muslim hatred.  He tried to moderate the war on terror under the naive fallacy that destruction abroad would not damage U.S. democracy.

The third day in office he initiated drone attacks in Afghanistan that killed nine civilians.  And every third day throughout his tenure he approved or had subordinates approve murderous drone attacks. He opted for a “cleaner way”to kill the believed terrorists by air, and over his years in office he was responsiblefor over 1,000 strikes, killing 4,000 including at least 500 civilians. Since it was all done in secrecy, we really will never know the real totals. Drones attacked  mosques, funerals and weddings, signature strikes which did not target a specific target but focused on general targets. Murder without due process, even including U.S. citizens. Drone use was the centerpiece of his counterterrorism strategy. The head of the drone strikes was the former head of the CIA counterterrorism center.

In 2012 Obama signed into law the National Defense Authorization Act, which specifically allowed the apprehension and indefinite detention without trial of anyone, including U.S. citizens, suspected of threatening the security of the homeland. He promised to close Guantanamo but failed to do so (he had the crazy idea to put them in a prison in Illinois, rather than give them immediate Article III trials or release them.). But he backed off of that promise when he received some opposition from Congress, and Guantanamo was never closed.

He sanctioned military trials and secret surveillance. Despite all his efforts to placate the security state, and the anti-Muslim nativists, many attacked him calling as secret Muslim and supporter of the terrorist networks.

He, like Bush, failed to make the GWOT respect the constitution;instead he allowed the constitution to respect the law on terror. He charged six whistleblowers with the 1917 espionage Act, including Snowden, Chelsea Manning, and an FBI agent who released information on CIA torture —  invoking this 100 year old law more than all the prior presidents combined.

He refused to hold accountable those who planned and carried out torture, spouting the absurd idea that we should look forward not backward, and essentially providing immunity to all those who organized the torture. He directed his Justice Department to appeal favorable lower court rulings to allow habeas corpus rights to prisoners at Guantanamo and Bagram, and defended a suit against an airline involved in carrying out renditions for torture. 

The fear and hate towards Muslims was growing, and now, with the protests of police killings in Ferguson and other places, supporters of the Black Lives Matter movementwere being called terrorists, as wer the amorphous Antifa.  Connected to all this fear and hatred was the growing anti-immigrant movement. “Terrorists” were coming in over the southern border, and Obama responded by deporting almost two million immigrants and locking up unaccompanied children. Many in the white population argued that dangerous immigrants were coming here to replace them. And our history of genocide against Native people and racial bigotry and violence was alive and growing. The war against terrorism was brought home after years of brutal, murderous counterterrorism.

Should anyone had been surprised that all this fear of terrorism and racial hatred did not bring us Donald J. Trump?  The liberals who supported Obama were now forced to see the security state as the savior of U.S. democracy. The CIA, U.S. Attorneys, and the FBI were the heroes. Ask yourself how many times you saw one of them as a talking head on TV defending the rule of law and the constitution in opposition to Trump. But did we forget all they did in the past to undermine the rule of law and the constitution? The question has been asked: “does the evacuation of Iraq and now Afghanistan bring an end to the GWOT?” I submit to you until we eliminate the U.S. interests in policing the world with drones and other forms of air power, and the U.S. ends its lust to control the Middle East, Latin America and Africa, the GWOT abroad and the war at home will continue, and the rule of law and the constitution will continue to be trampled.

Johnny Plummer Wins His Appeal!

Another Burge Torture Survivor Will Finally Get His Day in Court

On Friday, August 20, 2021, the Illinois Appellate Court ruled in Johnny Plummer’s favor granting him a hearing so that he can present newly discovered evidence in support of his allegations that he was tortured at Area 3 Police Headquarters by detectives working under the supervision of the notorious former Commander Jon Burge and that these detectives withheld evidence exonerating him of this murder.

In August of 1991, Johnny, aged 15, was transported to Area 3 Police Headquarters, and questioned about the murder of Michael Engram. Johnny has consistently alleged he was tortured into confessing to this murder by Detectives Michael Kill and Kenneth Boudreau when they hit him with a flashlight; punched him in the face; pulled his hair; handcuffed him to a radiator and ring in the wall; and threatened he would be raped in prison. After he was tortured and interrogated for 39 hours, he agreed to sign a statement because he was scared, tired, and wanted the torture and interrogation to end.

In 1995, the chief piece of evidence used to convict him of this murder was his coerced confession.

In 2016, Johnny filed a successive post-conviction petition. In support of his claims, he attached evidence demonstrating that 72 people have accused Kill and Boudreau of using torture and abuse to extract their confessions: 2o of whom have been exonerated or acquitted of the crimes they confessed to; 8 were granted reparations from the City of Chicago; and scores of others had their allegations of coercion deemed credible by the Illinois Torture Inquiry and Relief Commission (TIRC), judicial decisions, and prior findings by the Office of Professional Standards.

The Illinois Appellate Court, citing a “multitude of evidence” and “abundance of exhibits,” noted that the “trial court found that there was no question that Detectives Kill and Boudreau engaged in a pattern and practice of abuse.” The Appellate Court also found that Johnny presented “evidence of a systematic pattern of similar abuse by Detectives Kill and Boudreau . . . The alleged pattern of abuse could be used to impeach Detective Kill’s credibility and bolster defendant’s credibility. The proposed evidence places such a weight on the scales of justice that it significantly undercuts this court’s confidence in the guilty verdict. Thus, we find that this evidence is so conclusive in nature, that if these reports were allowed at defendant’s motion to suppress, it would have likely changed the outcome on retrial”.

The Court also found that Johnny presented sufficient evidence demonstrating that Detectives Kill and Boudreau withheld exculpatory evidence demonstrating that there were alternative suspects who may have committed the murder. If this evidence was presented at his trial, it could have changed the result.

There was no physical evidence linking Johnny to this crime, and his conviction was predicated upon his alleged coerced confession and two tentative eyewitnesses, one of whom did not see the shooting and the other who cannot reliably claim Johnny committed the murder.

This win in the Appellate Court is a crucial step for Johnny in securing a modicum of justice in his case. We are hopeful that this decision will help Johnny and other police torture survivors interrogated at Area 3 Police Headquarters who have had less success securing their dates in court despite newly discovered evidence in support of their allegations of torture and coercion.

To read the full decision you can find it here.

It is the fruit of a collective effort by countless people including, Johnny; his mother Jeanette Plummer, who has been a tireless advocate on his behalf; lawyers and legal workers at the People’s Law Office and Roderick and Solange MacArthur Justice Center who represented Johnny in the trial court and on appeal (Joey Mogul argued the case in the appellate and trial courts and filed the petition in trial court; Megha Ram authored the appellate briefs), attorneys at Edelson P.C. (Daniel J. Schneider) and Mayer Brown authored amicus briefs, as well as several organizers and organizations who have supported Johnny, the reparations campaign for Burge torture justice survivors and the on-going efforts for justice for all police torture survivors.

Organizations who supported Johnny’s appeal include: The Chicago Torture Justice Center, Chicago Torture Justice Memorials, Mamas Activating Movements for Abolition and Solidarity (MAMAS), South Siders Organized for Unity and Liberation (“SOUL”), Chicago Alliance Against Racist and Political Repression (CAARPR), The NAACP – Westside Branch, Black Lives Matter Chicago, Chicago Urban League, Chicago Community Bond Fund, Westside Justice Center, Judicial Accountability Project, Brighton Park Neighborhood Council (BPNC), American Friends Service Committee Chicago, She Votes Illinois.

Victory in Chicago Freedom School’s Lawsuit Against the City of Chicago

Today, we are proud to announce a victory in Chicago Freedom School’s lawsuit against the City of Chicago.

Today, the City of Chicago rescinded the cease and desist order it issued to the Chicago Freedom School on May 30, 2020!

On May 30, CFS, located in the South Loop, opened its space to provide support (including take-out pizza and store bought snacks for free) and rides home to Black and Brown young people protesting the racist police murders in downtown Chicago.

CPD officers and members of the Department of Business Affairs and Consumer Protection (BACP) showed up at CFS’s door and aggressively demanded to search the premises asserting that CFS was “housing and feeding protestors,” insinuating that was a crime which it is not.

After searching the premises, BACP members issued CFS an illegal “Cease and Desist” order falsely claiming the CFS was “preparing and serving food” on its premises without a commercial Retail Food Establishment License. CFS staff were threatened with arrest and the CFS fined if they continue to provide youth participants commercially prepared food, thereby shutting down this not for profit organization.

Joey Mogul of People’s Law Office and Sheila Bedi of the Community Justice and Civil Rights Clinic of Pritzker Northwestern School of Law filed a lawsuit in federal court on June 25, 2020 challenging the violations of CFS’s, Executive Director Tony Alvarado-Rivera’s and Wellness Director Jacqulyn Hamilton’s constitutional rights and demanding a preliminary injunction to prevent the enforcement of this illegal cease and desist order.

Today, the BACP formally rescinded the cease and desist order.

Check out CFS’s statement about this victory.

We are proud to represent CFS and we are inspired by their work in supporting young Black and Brown people in the City and their courage in standing up to the City of Chicago, CPD and BACP to demand respect for their rights and work.

Chicago Freedom School files lawsuit against City of Chicago, Chicago Police Officers and City Officials after retaliatory raid, “cease & desist” order, and threats of arrest.

On May 30, 2020, the Chicago Freedom School, located in the South Loop, opened its space to provide support (including take-out pizza and store bought snacks) and rides home to Black and Brown young people protesting the racist police murders in downtown Chicago.

At 11 p.m., several Chicago Police Officers and members of the Department of Business Affairs and Consumer Protection (BACP) showed up at CFS’ door and aggressively demanded to search the premises asserting that CFS was “housing and feeding protestors.”

“Many youth who had just experienced police violence while protesting said violence, came to CFS to use the bathroom, drink water, and get connected to a ride home – since the Mayor had just instituted a curfew, raised the bridges, and shut down the CTA.  We chose to open our doors for immediate safety because we are dedicated to young people’s well-being,” says Wellness Director Jacqulyn Hamilton. “The City & Police colluding to search CFS that night, without a warrant, and threaten to arrest staff present, including myself, for daring to serve pizza – was in character for how this City and police treat Black & Brown young people – with disdain.” 

After searching the premises, BACP members issued CFS a “Cease and Desist” order falsely claiming the CFS was “preparing and serving food” on its premises without a Retail Food Establishment License. The order directed the CPD to arrest CFS employees if they continue to provide youth participants commercially prepared food and fine CFS $500-1,000 each day it continues to provide food, thereby effectively shutting down this small, not-for-profit organization.

“We appreciate the love & support we have received from our community, in light of our mistreatment at the hands of the City of Chicago and the Chicago Police Department. We are bringing this lawsuit to ensure that none of our programs, young people, or staff are at continued risk, and to affirm our support for the righteous protests against police violence against Black people and for the defunding of police,” says incoming Executive Director, Tony Alvarado-Rivera.

Chicago Freedom School Executive Director, Tony Alvarado-Rivera addressing the media.

The lawsuit seeks to stop the City from enforcing this order. The suit also seeks vindication and damages as the search and order are attempts by City and CPD officials to retaliate against the CFS for exercising its 1st Amendment rights to support young people and to support the protests against racist police violence. Read the filed complaint here.

Plaintiffs’ attorneys are Joey Mogul of the People’s Law Office and Sheila Bedi of the Community Justice and Civil Rights Clinic at the Northwestern Pritzker School of Law.

People’s Law Office summer 2020 intern Avneet Chawla, legal worker Kris Clutter and attorney Joey Mogul. Photo by the wonderful Debbie Southorn

“We are outraged that the CPD and BACP illegally raided the CFS’s premises and issued an illegal, unconstitutional, and frankly bogus, cease and desist order to the CFS” said Joey Mogul and Sheila Bedi. “The Chicago Freedom School provided critical support to young Black and Brown people on May 30th. They should be revered for their work, not threatened with arrest and being shut down.”

The Chicago Freedom School is a non-profit organization, inspired by the Mississippi Freedom Schools of the Civil Rights era, which provides a space where young people and adult allies can study the work of past movements, deepen their understanding of current social problems, build new coalitions, and develop strategies for change.  Learn more at ChicagoFreedomSchool.org

Cook County Public Defender, Community Groups, and Defense Attorneys File Lawsuit Against City of Chicago for Denying People in Police Custody Access to Counsel and Phones

The Cook County Public Defender on Monday joined a broad coalition of community groups, activists, and attorneys in filing a lawsuit against the City of Chicago for denying people in police custody access to counsel and phones.

The lawsuit further states that the City’s history of unlawful refusals became more widespread following the COVID-19 pandemic and the recent citywide protests over police brutality and racism. Follow the link to view the filed lawsuit.

“Since 1963, the law has required that every person arrested is entitled to communicate with their loved ones and counsel,” said Cook County Public Defender Amy Campanelli. “For seven decades, Chicago police have not been held accountable for this systemic violation of human rights. If the police just followed the law, we would no longer be the false confession capital of the world and communities would have greater trust for and cooperation with the Chicago Police Department.” PD QUOTE

Under Illinois law, people who are arrested have the right to communicate and consult with an attorney and the right to make phone calls within an hour of arriving at their first place of custody.  However, the Chicago Police Department has a long history of depriving arrestees access to a phone to reach out to counsel or loved ones.

On Friday, May 29, and throughout that following weeks, more than 2,600 demonstrators were arrested by CPD and many were denied access to counsel. The lawsuit details how CPD systemically impeded attorneys from finding and talking to their clients.

In filing the suit, the Public Defender joins a coalition that includes Black Lives Matter Chicago, Stop Chicago, #LetUsBreathe Collective, UMedics, and GoodKids MadCity. Each organization has members who were detained and denied their right to make a phone call and contact their attorneys. The National Lawyers Guild Chicago, also a plaintiff in the suit, has been denied access to clients in police stations, including during the recent protests. 

”On Sunday May 31st, I was slammed to the ground and beaten with batons by CPD while trying to protect my brother and his fiancée, #LetUsBreathe co-founders Damon Williams and Jennifer Pagán, and our comrade Christopher Brown,” said Kristiana Colon of the #LetUsBreathe Collective. “Horrified by the excessive force and unjust targeting of my family and fellow organizers, I did my best to intervene and was injured in the process. When I arrived at 51st & Wentworth to try and locate them, the supervising officer told me they weren’t there. I asked again if he was telling the truth and he said he had no reason to lie to me. After several hours of fear and confusion, it turned out they were there after all, but were denied access to counsel for several more hours. Our organization supports mutual aid efforts across the South & West sides, and had to redirect our time and resources to a rapid response rally to get our people out of jail. This is one of the many ways superfluous police encounters are a theft of the energy that should be spent on keeping people safe.”

“I sat in the hospital handcuffed to a wheelchair for nearly 8 hours before I saw a lawyer,” said activist and artist Damon Williams, who was arrested following a protest on May 31, 2020. “I hadn’t slept. I thought I was alone. I was afraid I would be locked up with no end in sight. I wasn’t the only person in custody crying out for information and asking to talk to my lawyer. I have nightmares about being in custody and terrified that I’d be locked up without any explanation or contact with the outside world.”

The City and the Chicago Police Department has cynically used  the ongoing COVID-19 pandemic as an excuse to deny people their rights while under arrest.  After Gov. Pritzker issued his stay-at-home order on March 20, the Public Defender was forced to curtail in-person attorney-client visits, and informed CPD that all attorney-client conversations would take place by phone until further notice. CPD refused to coordinate mandatory confidential telephone visits for clients in custody unless and until the Public Defender agreed that CPD would not be liable if they overheard any attorney-client conversations. The Public Defender alternatively asked for virtual visits with clients, similar to the system used by the Cook County State’s Attorney to talk to its witnesses. That request was denied.  

Between April 16, 2020 and June 5, 2020, the Public Defender’s Office surveyed 1,468 people in bond court. Nearly a quarter (23%) stated that CPD never offered them access to a phone at any point while they were detained at the police station. Those who were allowed phone access were forced to wait an average of 4.2 hours.

“Denying phone access is a key CPD scare tactic to impede access to counsel,” said Alexa Van Brunt of the MacArthur Justice Center, which represents the plaintiffs. “The result is that detainees are cut off entirely, without legal guidance or protection from police coercion.”

The recent practice is just an exacerbation of the decades-long practice to deny arrestees access to attorneys and phone calls. It is a practice that was called out by the current Mayor when she was part of the Police Accountability Task Force that formed following the shooting of Laquan McDonald.

“We had documented for decades how the denial of phone access leads to false arrests, false charges and wrongful convictions, and costs the City money,” explained First Defense Legal Aid Executive Director Eliza Solowiej, who served on the Task Force with the current Mayor, and was part of the team that found that requiring access to phones with in a hour of arrest (as required by state law) would be one of the foundational reforms to ending police misconduct.

Plaintiffs have filed a writ of mandamus in the Circuit Court of Cook County Chancery Division to force the City to comply with Illinois law governing access to counsel and to phones.

Plaintiffs are represented by Brendan Shiller of Shiller Preyar Jarard & Samuels, Craig Futterman of the Mandel Legal Aid Clinic at the University of Chicago Law School, Alexa Van Brunt of the Roderick and Solange MacArthur Justice Center, Sheila A. Bedi of the Community Justice and Civil Rights Clinic at the Northwestern Pritzker School of Law, Joey L. Mogul of the People’s Law Office, and Daniel Massoglia of First Defense Legal Aid