lawanddisorder: Recent Episodes
None
Follow lawanddisorder, filter it, and define how you want to receive the news (via Email, RSS, Telegram, WhatsApp etc.)
Cuba: The Capital of 21st Century Communism
On July 20th, Secretary of State Marco Rubio and the State Department released a 100-page McCarthyite propaganda report. It is a document that seeks to serve as the ideological justification for an escalating assault on Cuba, the Cuba solidarity movement and all political dissent on the left. The report casts a wide net of unfounded accusations, maliciously painting over 40 left-leaning social movement organizations and individuals as purported Cuban “front groups” while employing guilt-by-association tactics to smear even elected officials such as New York Mayor Zohran Mamdani and Los Angeles Mayor Karen Bass.
Among the organizations cited is the National Lawyers Guild, an association of attorneys, law students and legal workers, of which all of the hosts here on Law and Disorder are members. It goes so far as to cite reports from the long-discredited House Un-American Activities Committee, reviving Cold War conspiracy theories from the 1950s and repackaging them for the present.
As our guest today writes, “These accusations are not meant to be rational. They, like the charges that our elections are manipulated, are transparent excuses to go after institutions and individuals that are seen as threatening Trump and the Republican Party’s absolute grip on power.”
Guest – Chris Hedges is a Pulitzer Prize winning journalist and author, and the former Middle East correspondent for the New York Times. Among his more than a dozen books are American Fascism: The Christian Right and the War on America; The Greatest Evil Is War; and A Genocide Foretold: Reporting on Survival and Resistance in Occupied Palestine. Chris Hedges is also one of the contributors to the book titled From the Flag to the Cross: Fascism American Style, a book composed of summaries of interviews with guests here on the Law and Disorder radio show, and available for purchase at O/R Books.
—-
Khalil v Trump
Mahmood Khalil, a recent Columbia University graduate and legal permanent resident has sued senior Trump administration officials and private anti-Palestinian groups for conspiring to target, detain, and attempt to deport him because of his identity and his advocacy for Palestinian rights. He is represented by the Center for Constitutional Rights and the law firm of Beldock, Levine and Hoffman.
The lawsuit argues that government officials and private actors, including the Heritage Foundation, Betar and Canary Mission violated the Ku Klux Klan Act of 1871 and the US Constitution when they coordinated to suppress political speech and support of Palestinian rights through the weaponization of immigration enforcement and baseless, pretrial accusations of terrorism and antisemitism.
Mahmoud‘s arrest, detention, and attempted deportation were part of a broader strategy to criminalized solidarity, chill speech and make an example of those who speak out against the subjugation of Palestinians. This case is about more than one person or one freedom movement. Is about whether government power can be weaponized by private actors to target human rights defenders and strip people of their constitutional rights.
Guest – New York attorney Adina Marx-Padare. She is a justice fellow at the Center for Constitutional Rights ( CCR). She graduated.CUNY law school and worked at Bronx Defenders.
—————————–
Challenges To The Trump Administration’s Executive Orders
The legal system is straining as it tries to hold the Trump administration accountable for its unprecedented assault on our constitutional rights. Close to a thousand lawsuits have been filed challenging Trump’s Executive Orders and their implementation, plus more than ten thousand separate habeas corpus petitions filed by people targeted by Trump’s immigration crackdown.
We take a deeper look at some of these legal and political developments. We’re joined by our very own co-host Steve Rohde, who practiced constitutional law for almost 50 years. He is a former Chair of the ACLU Foundation of Southern California, the author or two books and numerous articles on the courts and the law.
Guest – Stephen Rohde is a journalist, lecturer and political activist. For almost 50 years, he practiced civil rights, civil liberties, and intellectual property law and has won significant First Amendment victories in state and federal appellate courts.Steve is past chair of the ACLU Foundation of Southern California and Chair Emeritus of Bend the Arc, a Jewish Partnership for Justice. He is a founder and current chair of Interfaith Communities United for Justice and Peace; and a member of the Board of Directors of Death Penalty Focus. He is the Special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council.Steve is the author of the books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly and numerous articles and book reviews on civil liberties and constitutional history. He is co-author of Foundations of Freedom published by the Constitutional Rights Foundation. Steve is also the host of Speaking Freely: A First Amendment Podcast exploring the most important Supreme Court cases in the area of free speech and free press.
—-
Student Journalism Supported By Law Center
Student journalism is one of the most vital—and often overlooked—front lines in the fight for a free press. Across the country, student reporters expose such topics as sexual misconduct, financial mismanagement, and government secrecy. Yet without the institutional legal backing enjoyed by newsrooms, they frequently face censorship, retaliation, and lawsuit threats from administrators and public officials.
For more than fifty years, the Student Press Law Center has stood as the nation’s leading legal advocate for student journalists. Founded in 1974, the nonprofit offers free legal help via a nationwide hotline, advises on First Amendment issues—from libel to public records access—and spearheads the “New Voices” movement for state-level legal protections.
Guest – SPLC staff attorney Jonathan Gaston-Falk. A former student journalist himself at York High School in Virginia, Jonathan joined the center in March 2022 after a five-year tenure leading the Education Law Unit at the Legal Aid Society of Rochester, New York. There, he advocated for student free speech rights before school boards and the state Commissioner of Education.
———————–
Unitary Executive Theory
The US Supreme Court just ended a momentous term further entrenching the reactionary Republican agenda. Our sometimes consideration of relevant court cases and other legal developments, today includes a review of the conservative legal doctrine known as the Unitary Executive Theory, now favored by the conservative majority on the Supreme Court, and the conservative doctrine of Originalism. We’ll also look at a new opinion poll of Americans showing that at least half of Americans disapprove of the job the Supreme Court is doing.
Guest – Stephen Rohde is the author of two books and numerous articles and book reviews on constitutional law and history. He is the former president of the ACLU Foundation of Southern California and is a special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council. He is host of the new podcast Speaking Freely produced by MS Studios and is available on Spotify and I Heart radio and other streaming platforms. Steve Rohde is also, of course, one of the co-hosts here on the Law and Disorder radio show.
—-
Hold Your Representative Accountable
A dozen years ago, two professors from prestigious universities, Martin Gillens and Benjamin Gage conducted a study of decision-making in our government. Their conclusion was a bombshell destroying as it did the myth that America is a majoritarian democracy. Their conclusion, in the most widely cited quote from their study, was that “the preferences of the average American appear to have only a minuscule, nearly 0 statistically, non-significant impact on public policy.”
So who decides the policies of the government? Not us. It is the economic leaders, the business interests and the organized lobbies that call the shots. The American people by and large are way to the left of their government. However, they are ignorant of the true record of the Congress people who claim to represent them. What can be done about this?
Guest – Felice Gelman is a long time movement activist and part of The Network For Voter Education, a non-partisan effort that has created an Internet tool called yourreprecord.org which people can use to look up the true record of members of Congress.
————————-
PEN America Writer’s Organization President Resigns Amid Controversy
On July 9, 2026, a long-simmering controversy burst into the headlines pitting allies of robust freedom of expression against each other over how writers, publishers and literary agents should respond to Israel’s genocide in Gaza. The dispute came down to a fundamental question: Should a boycott be imposed on Israeli writers? The dispute was so divisive that Professor Dinaw Mengestu resigned as president of the free expression group PEN America.
Guest – Professor Dinaw Mengestu is the John D. and Catherine T. MacArthur Professor of the Humanities and Director of the Written Arts Program at Bard College, where he has taught since 2016. He is the author of three novels, all of which were named New York Times Notable Books. A native of Ethiopia, he came with his family to the United States at the age of two. Professor Mengestu is also a freelance journalist. His articles and fiction have appeared in the New York Times, New Yorker, Harper’s, Granta, Jane, and Rolling Stone. He is a 2012 MacArthur Fellow and recipient of a Lannan Literary Fellowship for Fiction, National Book Foundation 5 Under 35 Award, Guardian First Book Award, and Los Angeles Times Book Prize, among other honors. He was elected President of PEN America in December 2025, having served on its Board of Directors for about a decade.
—-
Sex Work: It’s Just a Job
For decades, debates over sex work have been shaped by criminal law, morality, and public safety. Supporters of tougher enforcement argue that prostitution fuels exploitation and human trafficking. Advocates for decriminalization contend that criminal penalties often make sex workers less safe and discourage people from seeking help when they need it. It’s a conversation that raises difficult questions about policing, labor, consent, and human rights.
A 2025 documentary, Sex Work: It’s Just a Job, enters that debate. The film was directed by documentary filmmaker Tami Gold from the Film Department at Hunter College. Through the voices of current and former sex workers, organizers, and researchers, it explores the movement to decriminalize sex work and the broader social consequences. The film also distinguishes consensual sex work from human trafficking.
Guest – Sociologist Alex Vitale, Professor at Brooklyn College and the CUNY Graduate Center, and co-producer of the film. The populations and advocates for decriminalization and non-police safety interventions in the documentary is inspired by Vitale’s book The End of Policing, which argues that criminalizing sex work harms vulnerable.
————-
The Power Of Labor And A Workers’ Party
The forces of the gathering authoritarian storm in our country are evident in many ways. It is manifesting itself in powerful and continuing nationalism, in disdain for human rights, in the entwinement of government and religion, in a controlled mass media, in the protection of corporate power and the suppression of labor power and in the encouragement of violence.
The power of labor has been channeled into the Democratic and Republican Party, the twin parties of capitalism. We need a workers ‘ party, but we don’t even have the nucleus of one. Race and gender are formative in the building of authoritarian regimes. We see this in the United States. Haitians, who are Black, have been accused of eating cats and dogs. Women’s right to control their own bodies is under attack from the Supreme Court on down and women are marked as “childless cat ladies” and told to stay home and bear children.
Guest – Dianne Feeley is an editor of the magazine Against the Current. She is a leader of Solidarity, a socialist feminist organization. Dianne lives in Detroit where she has been an activist for many years in the United Automobile Workers union.
—-
Complicity In Genocide: CCR Case Against The Biden Administration Update
Last fall, the internationally acclaimed Center for Constitutional Rights in New York City filed a lawsuit in federal court on behalf of several Palestinian groups and individuals against President Joe Biden, Secretary of State Anthony Blinken, and Defense Secretary Lloyd Austin, alleging that Israel’s actions in Gaza have amounted to genocide and that Biden, Austin, and Blinken have failed their obligation under international law to prevent Israel from committing genocide in Gaza.
The lawsuit claimed that the 1948 International Convention Against Genocide requires the US and other countries to use their power and influence to stop the killing. and the lawsuit asked the court to bar the US from providing weapons, money, and support to Israel. At the time of the filing of that lawsuit here on Law and Disorder, we spoke with an attorney from CCR about the case. Since that time there have been a number of developments in the case.
Guest – Attorney Maria LaHood, the Deputy Legal Director of the Center for Constitutional Rights, or CCR, to join us to bring us up to date on where the lawsuit now stands. Much of Maria LaHood’s own work at CCR is on behalf of defending the constitutional rights of Palestinian advocates in the United States, such as in the case of Davis v. Cox. She was involved in defending the Olympia Food Co-op board members for deciding to boycott Israeli goods and the case of Awad v. Fordham, compelling the university to recognize Students for Justice in Palestine as a student club.
—————————-
The Center for Climate Integrity
Today, we’re delving into a legacy of deception and destruction. For more than 50 years, Big Oil companies like ExxonMobil, Chevron, and BP have known that burning fossil fuels would raise global temperatures. Yet, instead of taking responsibility or warning the public, they have orchestrated campaigns of denial, disinformation, and delay.
As a result, we are living with unprecedented climate disasters. Following the hottest year on record in 2023, extreme weather events have intensified, from record-breaking wildfires scorching California and Canada, to catastrophic hurricanes pounding the Gulf Coast. During this past June, nearly 5 billion people globally faced intense heat over nine days, with more than 60% of the world’s population encountering temperatures made at least three times more likely by climate change. These events not only devastate ecosystems and communities, but they also cost taxpayers billions of dollars in damage and recovery.
Guest – Corey Riday-White, Managing Attorney at the Center for Climate Integrity, an organization that is fighting to hold Big Oil accountable for its deceit. The Center is supporting litigation efforts in several states, aiming to force fossil fuel companies to pay for the damage they’ve caused. Let’s hear more about their approach, and how the legal system might be used to confront this ongoing climate crisis.
—-
Surveillance Dragnet: Geofence Warrants
Recently, the Fifth Circuit Court of Appeals handed down a landmark decision in U.S. v. Jamarr Smith, holding that geofence warrants are “categorically prohibited by the Fourth Amendment.” What is a Geofence Warrant? They compel companies such as Google to hand over data on every device in a particular geographical area over a set period of time. Not surprisingly they are a controversial tool in law enforcement’s investigative arsenal.
Privacy experts argue they amount to a dragnet search that violates the privacy of countless innocent individuals. Proponents, on the other hand, see them as necessary for solving crimes in our digital world. The Fifth Circuit ruling is a major development in the ongoing debate over privacy and mass surveillance.
Guest – Alan Butler, the executive director of the Electronic Privacy Information Center or EPIC, in Washington, DC. EPIC has been at the forefront of legal battles to improve data protection standards to protect individual rights in the rapidly advancing surveillance state. Alan Butler is Chair of the Privacy and Information Protection Committee of the American Bar Association Section on civil Rights and Social Justice. He has authored briefs on behalf of EPIC in significant privacy cases, including an amicus brief in Riley v. California that was cited in the Supreme Court’s unanimous landmark ruling that the warrantless search and content seizure of cell phones during an arrest is unconstitutional.
———————-
Understanding Capitalism
The great German playwright, and political figure, Berthold Brecht, observed that to understand fascism you have to understand capitalism, from whence it springs. Today, it is also helpful for us to understand that the rise of fascism in Germany 100 years ago, has parallels we can see now with the rise of fascism in the United States.
Prior to World War I, which began in 1914, the German working class and middle class were relatively prosperous. The German unions were strong and influential. Prior to World War I, Germany also had the largest and strongest socialist party in the world, and it was the second largest political party in the German Parliament. The German economy was booming. And German culture was the jewel of Europe.
This all came to a crashing end in 1917, when Germany was defeated in what was an inter-imperial war against the United States, France, Great Britain and Russia. The consequences of that defeat brought us fascism and World War II, 20 years later. In the 1920’s, inflation wiped out the savings of the German people. When the depression hit in 1929, the German working class was desperate. The ground was fertile for the rise of Adolf Hitler, a ruthless, cunning and violent demagogue.
Here in the United States, our economy boomed for 100 years, from the end of the Civil War until the 1970s. But since then, American workers have not made any progress. Their wages, in real terms, have not risen in 50 years! “Neo- liberalism”, which is just another word for aggressive capitalism, has wiped out 30 million industrial jobs in the US, starting in the 1980s. Women were driven back into the workforce. People had to work two jobs just to keep up.
In Germany, it was the Jews who were blamed. Here in the US, it is immigrants and people of color who are scapegoated. The demagogue Trump, like Hitler before him, is a captivating speaker and a very effective cult leader, who is now poised to take the power of the government and turn it against “we the people.”
Guest – Richard Wolff is Professor Emeritus from the University of Massachusetts, and the author of the forthcoming book, “Understanding Capitalism”. According to New York Times, Richard Wolff is, probably America’s most prominent Marxist economist. He is the founder of Democracy at Work and host of their national syndicated show Economic Update. Professor Wolff has authorized numerous books on capitalism and socialism, including most recently “The Sickness is the System: When Capitalism Fails to Save Us From Pandemics or Itself“, “Understanding Socialism“; and “Understanding Marxism”, which can be found at democracyatwork.info.
—-
Institute for the Critical Study of Zionism
Instead of the socialist ideal of universal human emancipation, that many European Jews supported, Zionist Israel is the outcome of a very different political ideology…an ideology that a relatively small number of middle and upper class European Jews advanced unsuccessfully until after World War II.
The founders of Zionism promoted it as a Jewish solution to the “Jewish problem.” Communists and socialists rejected this self-segregating reliance on Western colonial powers. And the current increasingly pariah status of Israel and its imperial backer, the United States, has proven the fallacy of the Zionist solution.
Israel is the product of a colonial settler ideology that has its roots in the racist and imperialist practices of the European powers of the 19th century. Theodor Herzl, the founder of Zionism, an Austrian /Hungarian journalist, was a great admirer of Cecil Rhodes, the British imperial figure who founded the mineral settler colony of Rhodesia in what became apartheid South Africa.
From its inception, the goal of the Zionists was to overwhelm and displace the indigenous native Arabs in Palestine. As a result, despite its own self-promotion, Israel is not the moral legatee of the victims of the holocaust, much less of the prophets of the Hebrew people who propounded the 10 Commandments.
The horrific slaughter since last October 7th of the Palestinians in Gaza, has been live streamed for people all over the world to see.
Guest – Emmaia Gelman is a professor at Sarah Lawrence College in New York and the founder of the Institute for the Critical Study of Zionism. Her book on the powerful Zionist organization the Anti-Defamation League is about to be published by the University of California press.
—————————-
September 11, 2001: Lessons Learned And Overlooked
It has been 23 years ago this week since the attacks on September 11, 2001 in New York City, the Pentagon, and Shanksville, PA, killing nearly 3,000 people and injuring more than 6,000. On that day, the United States had a choice: The George W Bush administration could have treated the attacks as a violation of US and international law, launched a criminal investigation, and brought the perpetrators to justice in accordance with the rule of law. Instead, President Bush waged endless wars against Afghanistan and Iraq, pushed through Congress the USA Patriot Act, opened the notorious detention center at Guantanamo Bay which remain to this day, rounded up Muslims and South Asians for indefinite detention, initiated a wave of civil liberties and human rights violations, and committed wholesale torture against detainees and others.
To assess the legacy of 9/11 and the lessons learned and the lessons overlooked, we’ve invited someone who was at the center of Bush’s War on Terror. John Kiriakou is a journalist, former CIA counterterrorism officer, former senior investigator for the Senate Foreign Relations Committee, and former counterterrorism consultant for ABC News.
In 2007, Kiriakou blew the whistle on the CIA’s torture program, telling ABC News that the CIA tortured prisoners, that torture was official U.S. government policy, and that the policy had been approved by President George W. Bush. He knew what he was talking about. In 2002, he was responsible for the capture in Pakistan of Abu Zubaydah, then believed to be the third-ranking official in al-Qaeda.
He became the sixth whistleblower indicted by the Obama administration under the Espionage Act of 1917 — a law designed to punish spies. He served 23 months in prison as a result of his revelations.
In 2012, the Ralph Nader family honored Kiriakou with the Joe A. Callaway Award for Civic Courage, an award given to individuals who “advance truth and justice despite the personal risk it creates.” He won the PEN Center USA’s prestigious First Amendment Award in 2015, the first Blueprint International Whistleblowing Prize for Bravery and Integrity in the Public Interest in 2016, and also in 2016 the Sam Adams Award for Integrity in Intelligence, given by retired CIA, FBI, and NSA officers.
Guest – John Kiriakou is the author of eight books, including The Reluctant Spy: My Secret Life in the CIA’s War on Terror; and The CIA Insider’s Guide to the Iran Crisis. I met John in 2017 and we collaborated on companion reviews or the Los Angeles Review of Books of the book with the euphemisitic title Enhanced Interrogation written by James E. Mitchell and Bill Harlow, the architects of the American torture system.
—-
COP 29 Held In Azerbaijan Dictatorship
This year the UN Climate Conference — known as COP29 — will be hosted by the petrol-dictatorship of Azerbaijan. As COP29 delegates prepare to attend talks in Baku, the international community has a chance to shine a spotlight on Azerbaijan’s abysmal human rights record, notably the blockade and ethnic cleansing of Nagorno-Karabakh’s (Artsakh’s) Armenian population last year, and amid the government’s escalating domestic crackdown on freedom of speech, assembly and the press.
Ironically, Azerbaijan’s dictator Ilham Aliyev allocated $1 million to the UN Human Settlements Program, one day before a UN mission visited the Artsakh region who reported ‘no irregularities’ despite the territory being depopulated by Azerbaijan’s military invasion.
As one of the world’s top environmental and fossil fuel polluters, during its invasion of Nagorno-Karabakh, Azerbaijan used the outlawed, lethal and environmentally hazardous White Phosphorus as a chemical weapon on the native Armenian population and their highly forested environment. In that fatal siege, which liquidated all native Armenians, the Azeri government-sponsored blockaders posed as climate activists, while punishing true protesters of lethal pollution, in Azerbaijan, especially journalists and activists in advance of COP29.
Guest – Karnig Kerkonian, one of 23 legal advisors representing the Republic of Armenia at the ICJ (International Court of Justice) in 2021. Karnig’s team presented their case against Azerbaijan, calling on the Tribunal to take provisional measures “as a matter of extreme urgency” to “protect and preserve Armenia’s rights and the rights of Armenians from further harm.” Azerbaijan has ignored the ICJ’s November 2023 ruling to “take all necessary measures to prevent and punish acts of vandalism and desecration affecting Armenian cultural heritage, including but not limited to churches and other places of worship, monuments, landmarks, cemeteries and artifacts.” Attorney Kerkonian has also represented the Armenian community of Old Jerusalem in recent Israeli settler incursions upon the Armenian Quarter.
————————
Present Danger Of Fascism In The United States
The rise of Donald Trump and his MAGA supporters has transformed American politics, perhaps more than anything else has since the gathering of forces of the rebellious slave owners in the south, a century and a half ago. His first four years in office were chaotic, uninformed programmatically, and not animated by any kind of cadre of capable administrators. It was, instead, full of his statements and actions that many critics deemed to be racist, sexist and Xenophobic.
He lost the election in 2020, although he received 74 million votes! As he runs for the Presidency again, this time he is talking rather openly about wanting dictatorial authority, if he is elected again.
And this time if he does win, he now has the aid of the right-wing Heritage Foundation, which has produced the 900-page “Project for 2025” document on how to radically change our country so as to make it far, far more conservative, providing far fewer rights to the American people, and allowing any president so inclined, to run the country as an authoritarian, a virtual dictator. He has an authoritarian right wing Supreme Court, which in its latest decision, aptly named “Donald Trump versus the United States of America,” has given the presidency carte blanche immunity, placing the president above the law, allowing the president to do almost anything he or she wants to do, as long as it’s deemed to be “an official presidential act”.
Today’s program is the lead off to a series of shows on fascism, how to resist it, and how to defend against it. I will be conducting this series with my co-host, Michael Smith, who cannot be with us today due to illness.
Guest – Chris Hedges, the journalist and author spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class.
—-
Guantanamo Bay Prison: 30 Suspects Remain
Once a front-page story, the U.S. prison on Guantanamo Bay is seldom in the news these days or, apparently, on the minds of the American people. But it certainly should be. Because the history and on-going operation of Guantanamo Bay Prison, or “GITMO” as it is often called, exposes the lie behind our claim to be a nation governed by the “rule of law”. Condemned by Human Rights Watch, Amnesty International, and many other such groups, it is a permanent stain on the character of the American people.
Since 2002, at the height of its operation, close to 800 captives from many different Muslim nations were held there under tortuous conditions as “suspects” rather than being classified as “prisoners of war”, which they clearly were, and accorded all of the rights they were entitled to as prisoners of war. The youngest was 13 years old! In fact, 21 of the detainees were children. All of the detainees were subjected to barbaric forms of torture. Some committed suicides. Hundreds were convicted in sham trials and in illegitimate military tribunals. Many, if not most suspects, clearly bore no responsibility for combat operations in the Muslim nations where we were waging war.
Today, about 30 suspects remain in the U.S. prison on Guantanamo Bay. Sixteen are “cleared for release”, but it has not yet been made clear to what country they can be released. Three have not been charged, nor have they been cleared for release. And nobody can reasonably predict when, if ever, they will be freed. And in the latest shameful twist, Defense Secretary Lloyd Austin has now upended a plea deal for the three prisoners accused of plotting the 9/11 attacks. It would have allowed the men to plead guilty and be sentenced to life in prison…and instead, given Austin’s intervention, they will now face the death penalty if they are tried and convicted.
Clearly, GITMO is a consequence of America’s imperialist wars in Muslim countries, wars for those Muslim countries’ oil, and for geopolitical gain. Of course, over the many years of these wars, U.S. presidents have repeatedly claimed that we are not at war with Islam. Well, tell that to the families of the millions of dead and wounded Muslims our bombing and invasion of Iraq and Afghanistan caused; tell it to the thousands of Muslims forbidden to enter America through travel bans; tell it to the countless numbers of Muslim citizens and residents of America, who’ve been discriminated against at work or in public; tell it to the Muslim children attacked on their way to school and called “terrorists;” or, tell it to the Muslim worshipers whose mosques have been infiltrated by government spies.
And…for that matter… tell it, as well, to the Palestinian Muslims. Because America’s desire for Mideast oil is also a big reason why Israel exists in the Middle East. A big reason why the United States has partnered with it in its war on the Palestinian people, and why we’ve sent billions in military aid to Israel over the years to keep Israel secure in its role as our “advanced military force” in the oil rich Middle East.
Guest – Shane Kadidal, a Senior Managing Attorney of the Guantanamo Project, at the famed Center for Constitutional Rights in New York, where he has worked on several significant cases arising in the wake of 9/11, including the Center’s legal challenges to the indefinite detention of men at Guantanamo.
—————————
Book Banning, Censorship And Freedom Of Speech
Americans have a love-hate relationship with freedom of speech: They love to protect their own free speech and they hate to protect the free speech of those they disagree with. The First Amendment to the US Constitution was intended to protect freedom of speech and freedom of the press, yet throughout American history, governments at all levels have censored speech and tried to muzzle the press.
The anti-censorship group PEN America, in a survey of the 2022-23 school year, found that “freedom to read is under assault in the United States — particularly in public schools — curtailing students’ freedom to explore words, ideas, and books.” Authors whose books are targeted are most frequently female, people of color, and/or LGBTQ+ individuals.
According to the American Library Association, the number of titles targeted for censorship surged 65 percent in 2023 compared to 2022, reaching the highest levels it has ever documented. According to Deborah Caldwell-Stone, director of ALA’s Office for Intellectual Freedom, “Each demand to ban a book is a demand to deny each person’s constitutionally protected right to choose and read books that raise important issues and lift up the voices of those who are often silenced.”
Guest – Robert Corn-Revere is Chief Counsel for the Foundation for Individual Rights and Expression, known as “FIRE.” He has practiced First Amendment law for 40 years. From 1989 to 1994, Corn-Revere served as legal advisor and later chief counsel to the Chairman of the Federal Communications Commission.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues and is regularly listed as a leading First Amendment and media lawyer by various national publications. He co-authored the three-volume treatise, “Modern Communication Law.” In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. I reviewed “The Mind of the Censor” for Los Angeles Review of Books and called it an “entertaining, enlightening, and timely book.”
—-
Disappeared: Criminalizing The Unhoused
Late this June, the U.S. Supreme Court ruled that cities can punish people for sleeping in public places. In a 6-3 decision along ideological lines, the Court overturned lower court rulings that held it is cruel and unusual punishment under the Eighth Amendment to penalize people for sleeping outside if they had nowhere else to go. This ruling now allows localities the right to dismantle encampments of tents and cardboard coverings, even when there is no locally available housing or shelter.
Human Rights Watch has condemned this ruling and released a comprehensive report titled, You Have to Move! The Cruel and Ineffective Criminalization of Unhoused People in Los Angeles. The report documents the experiences of persons living on the streets, in vehicles, in temporary shelters, and in parks as they struggle to survive. In Los Angeles alone, tens-of-thousands of people are living in the streets, with death rates among the unhoused population reaching alarming levels. Governor Gavin Newsom, a supporter of the Court’s decision, has urged all local jurisdictions in California to destroy unhoused encampments. Several cities in the state have already begun doing so.
Western Regional Advocacy Project
The lack of housing is a national crisis, and this ruling raises the risk of increased use of such punitive tactics not only in Los Angeles but across the entire country.
Guest – John Raphling, Senior Researcher in the U.S. Program of Human Rights Watch and author of the report we’ve mentioned. Before joining Human Rights Watch, John spent years as a Deputy Public Defender in Los Angeles. He has represented political and community activists targeted for their activism, and homeless people prosecuted for crimes related to their status. John is also a member of the National Lawyers Guild.
———————————–
Separation of Powers And Project 2025
The US Constitution created the three branches of the federal government to serve as a check on one another. In particular, the judiciary was intended to ensure that the actions of the Executive and Legislative branches did not violate the Constitution.
But what happens when the Supreme Court is in the grip of a highly partisan, result-oriented super-majority half of whom were appointed by a President who has been convicted of 34 felonies and faces 57 more felony charges in three different criminal prosecutions, but claims absolute immunity for whatever he did while in office?
And on top of all that, this ex-President – Donald Trump – is a nominee for President of the United States and has promised to “terminate” the Constitution.
Meanwhile, in an almost 1000 page blueprint for the next conservative President titled Project 2025, a group of conservative organizations spearheaded by the Heritage Foundation, has laid out a detailed plan under which the President would acquire almost dictatorial power over the entire federal government.
Guest – Marjorie Cohn is professor of law emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She is also Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. She writes frequent articles about the Supreme Court for Truthout.
—-
Larry Hebert’s Hunger Strike Against US Weapons To Israel
Israel’s deadly and unrelenting assault on Gaza following Hamas’ October 7 attack on Israel has had repercussions around the world. In Gaza itself the death toll is approaching 40,000 and the humanitarian crisis worsens every day. In the United States, as students are headed back to campus, colleges and universities are bracing for a new round of protests and counter protests. Israel’s war in Gaza is dividing the Democratic Party just as Kamala Harris and Tim Walz are seeking to unite their party to stop Donald Trump from returning to the White House. Recent surveys show that 48% of Americans oppose Israel’s military action in Gaza, while 42% support it.
Guest – Larry Hebert [pronounced eh-BEAR], a very unlikely candidate to become an outspoken protestor against US military support for Israel, who would gain nationwide and international attention. Larry Hebert is a 26-year old U.S. Air Force Senior Airman and avionics technician assigned to Naval Station Rota in Spain, having served for 6 years in the military. At 10:00 am on Easter Sunday, March 31, 2024 on Pennsylvania Avenue in front of the White House, Hebert began a hunger strike during an authorized leave from his post. Shortly before his hunger strike, he joined Veterans for Peace, an organization that opposes U.S. military actions.
The organization argues that U.S. weapons shipments to Israel is a violation of U.S. law. In a press release issued by Veterans for Peace, the purpose of Hebert’s hunger strike was described as highlighting “the plight of the starving children of Gaza.” Hebert wore a sign that read, “Active duty airman refuses to eat while Gaza starves,” with a photograph of an emaciated Palestinian infant. Hebert said he was inspired by the self-immolation of 25-year old serviceman Aaron Bushnell, who died on February 25, 2024 outside the Israeli embassy in Washington. Before he died, Bushnell declared he would “no longer be complicit in genocide” in Gaza. Hebert’s hunger strike lasted 9 days but ended abruptly on April 9, when he was ordered to report immediately to Andrews Air Force Base for a return flight to his post in Spain. Hebert is pursuing a release from active duty as a Conscientious Objector.
———————–
Healing Divisions Within Jewish Communities Over Israeli War And Destruction
Ever since October 7, the American Jewish community has been deeply divided over how to react to the brutality of what Hamas did that day, the fate of the hostages, Israel’s overwhelming military assault in Gaza, the ensuing humanitarian crisis, the unspeakable death toll suffered by the Palestinians, and the deadly clashes in the West Bank. All of this has spilled over to college campuses across the United States, where pro-Palestinian protestors, including Jews, have been arrested and at UCLA, were attacked by pro-Israel counterprotesters. Many Jews, including family members, can’t talk to each other about any of this. Some observers see a rise in antisemitism, while others complain that political criticism of Israel and its prime minister Benjamin Netanyahu is being conflated with antisemitism, in an effort to silence pro-Palestinian voices.
Guest – Rabbi Sharon Brous is the founding and senior rabbi of IKAR, a leading edge Jewish community based in Los Angeles. She has been named #1 Most Influential Rabbi in the U.S. by Newsweek and The Daily Beast. Rabbi Brous blessed both President Obama and President Biden at their National Inaugural Prayer Services in 2013 and 2021. Her popular 2016 TED Talk is called “Reclaiming Religion.” Her work has been featured in the New York Times, Los Angeles Times and Washington Post. She was featured on the cover of Time magazine, in an issue that examined religious diversity in America.
Rabbi Brous is the author of the national bestselling book The Amen Effect: Ancient Wisdom to Mend our Broken Hearts and World, which we’ll be talking about later in the program. I have know Sharon for almost two decades and I consider her one of the most compassionate people I know with wisdom far beyond her young life.
—-
Money And Class In America – Remembering Lewis Lapham
On July 23, 2024, Lewis Henry Lapham II passed away in Rome, Italy. A nationally respected journalist and author, of 14 books, Mr. Lapham was also the longtime editor in chief of Harper’s, and then founder and editor of Lapham’s Quarterly, Mr. Lapham offered a critical eye toward US domestic and foreign policies. On January 14, 2019, Michael Smith and I, Heidi Boghosian, interviewed the literary giant after his 1988 book, “Money and Class in America” was republished by OR books. His documentary film, “The American Ruling Class” has become part of the curricula in many of the nation’s schools and colleges. In tribute to Lewis Lapham and his legacy, we’re pleased to rebroadcast a shortened version of our one-hour interview.
—-
We are especially pleased and honored to spend the hour with our guest Lewis Lapham. After graduating from Yale in 1956 he started out working as a newspaper reporter in San Francisco and then in New York, where he currently lives and works. The editor of Harper’s Magazine for 20 years, Lapham has written 14 books. Currently, he edits “Lapham’s Quarterly.”
Lapham founded the quarterly magazine in an effort to further the consideration of history, which he calls “the advice and counsel of the past.” He sees history as “a guide to understanding and acting on the issues and ideas before us today.”
Major pillars of the rule of law have been defiled since 911. The edifice still stands, the promises remain, but as a nation, we have suffered huge losses. Last spring Lapham’s Quarterly addressed the topic, “The Rule of Law.” His 1988 book “Money and Class In America” was re-published by OR Books last year with a new introduction by Lapham and a forward by Thomas Frank. We speak with him in our studio today about the contradiction between the rule of the monied rich and the rule of law.
Guest – Lewis Lapham is editor and founder of Lapham’s Quarterlysince 2007 and editor of Harper’s Magazinefrom 1975 to 2006, Lewis H. Lapham is a member of the American Society of Magazine Editors Hall of Fame. He is the author of fourteen books, among them Money and Class in America, The Wish for Kings,Waiting for the Barbarians, Theater of War, and Age of Folly. He produced a weekly podcast,The World in Time, for Bloomberg News from 2011 through 2013. His documentary filmThe American Ruling Class has become part of the curriculum in many of the nation’s schools and colleges. A member of the Council on Foreign Relations in New York, Lapham has lectured at Yale, Princeton, Dartmouth, Stanford, the University of Michigan, and the University of Minnesota.
——————-
The California Criminal Legal System Reconsideration
In recent years, District Attorneys around the country in Los Angeles, Philadelphia, San Francisco, and elsewhere have broken the law and order mold as they look for better ways to address public safety, crime, prosecution, and sentencing in America, including a wholesale reconsideration of the death penalty.
To examine the criminal legal system in the United States, we’ve invited one of the leading progressive prosecutors in America, George Gascon, the District Attorney of Los Angeles County, to join us.
Guest – Attorney George Gascon began his career in law enforcement at the Los Angeles Police Department where he worked his way up the ranks from patrol officer to Assistant Chief of Police, overseeing operations for the more than 9,000 LAPD officers Then, in 2006, he was tapped to be Chief of Police in Mesa, Arizona, where he stood up to the hateful and anti-immigrant policies of then-Maricopa County Sheriff Joe Arpaio. In 2009, then-Mayor Gavin Newsom appointed Gascón to be San Francisco’s Chief of Police. Two years later, Newsom again turned to Gascón to fill a vacancy created when then-District Attorney Kamala Harris was elected California Attorney General. Gascón was re-elected San Francisco District Attorney twice.
He was the first Latino to hold that office, and the nation’s first Police Chief to become District Attorney. On December 7, 2020, he took office as the DA of LA County. He is also a former board member of the Council of State Governments Justice Center, a graduate of the FBI’s National Executive Institute and a former member of the Harvard University Kennedy School of Government’s Executive Session on Policing and Public Safety.
—-
Maintaining Innocence Under Threat Of Execution: Bill Clark
We may be witnessing the dying days of the death penalty in the United States. 23 states have ended the use of capital punishment, while it remains on the books in 27 states, yet the number of executions are in decline. The U.S. public sector and political leaders are beginning to understand what abolitionists have always known: The death penalty is a relic of our racist past yet discrimination on the basis of race continues to plague the system. 55.8 percent of those executed are white, but 33.9 percent are Black and 8.4 percent are Latino/a, which is gruesomely out of proportion to the national population. Currently, 42 percent of death row inmates are white but a shameful 41 percent are Black.
Today, on Law and Disorder we are focusing on the state of California, where there are 650 inmates on death row, the largest number in the Western Hemisphere. 13 men have been executed since 1978. The last execution was in 2006. Due to a combination of court rulings and a moratorium imposed by Gov Gavin Newsom in 2019, there have been no executions in California in the last 18 years. Five inmates have been officially found innocent, all of whom were people of color. They join the 200 exonorees nationwide. Despite the moratorium in California, 17 people have still been sentenced to death in California — 80% of whom are Black or Latino.
The California Supreme Court is currently deciding whether to take up a historic petition filed in April by a coalition of civil rights and justice organizations arguing that racial discrimination in the administration of the death penalty in California violates the equal protection guarantee of the state constitution. The petition to the state Supreme Court cites more than a dozen studies showing race discrimination. One looked at more than 55,000 homicide cases in California between 1979 and 2018 and found that Black individuals were more than twice as likely to receive a death sentence as white individuals, while Hispanic individuals were 1.5 times more likely to receive a death sentence. California Attorney General Rob Bonta agreed in his response to the petition that the evidence of racial discrimination in capital punishment is “profoundly disturbing.”
So those are some of the facts which describe the capital punishment system in California and the Nation. But today on Law and Disorder we want to go beyond those raw statistics and take a look at the human cost of the death penalty by talking to someone who has been living under the threat of execution for 33 years. Bill Clark’s Film Project
Guest – Bill Clark joins us by phone from prison in Vacaville, California, where he has been housed since March of this year after his transfer from San Quentin, where he was incarcerated for 26 years. I have known Bill for 24 years. Despite his situation, he is a hopeful, resilient and creative person. He was convicted of two murders in the early 1990s and has steadfastly maintained his innocence as he continues to challenge his convictions and death sentences.
————————————
Ralph Nader On Continuing War In Gaza
The American supported Israeli war against the 2.3 million Palestinians living in Gaza continues on since last October. The area, the size of Philadelphia, has been partially obliterated by American fighter planes, bombs, tanks, artillery shells, and bullets.
The number of dead Palestinians is at least 186,000 according to a recent article in the prestigious British medical journal The Lancet.
Israeli Prime Minister Benjamin Netanyahu recently left Washington DC where he came to solidify support in our Congress. It was his fourth visit. Biden’s support for the genocide has been vigorously challenged by Kamala Harris, his choice to replace him. Her election is doubtful. Donald Trump has vowed to “finish the job.”
Guest – Ralph Nader, in a recent article wrote that the number the number of dead is higher than the 39 thousand figure set by Israel, America, and Hamas. Ralph Nader is an attorney, a significant figure in American politics, and a four-time presidential candidate in parties independent to the Republicans and Democrats. Ralph Nader one of the nation’s most effective and well-known social critics. He has raised public awareness and increased government and corporate accountability. As a young lawyer in 1965 he made headlines with his book Unsafe at Any Speed, leading to congressional hearings and passage of a series of life-saving auto safety laws in 1966. His example has inspired a generation of consumer advocates, citizen activists and public interest attorneys. Full biography.
—-
Humanitarian Emergency In Gaza
As of June 19, 2024, 37,396 people had been killed in Gaza according to the Gaza Health Ministry, as reported by the UN Office for the Coordination of Humanitarian Affairs. According to a report in Lancet, that number is likely an underestimate. Furthermore, the UN estimates that, by Feb 29, 2024, 35% of buildings in Gaza had been destroyed, so the number of bodies still buried in the rubble is likely substantial, with estimates of more than 10,000.
Even if the conflict ends immediately, there will continue to be many indirect deaths in the coming months and years from causes such as reproductive, communicable, and non-communicable diseases. The total death toll is expected to be large given the intensity of this conflict; destroyed health-care infrastructure; severe shortages of food, water, and shelter; the population’s inability to flee to safe places; and the loss of funding to UNRWA, one of the very few humanitarian organizations still active in Gaza. Experts believe it is not implausible to estimate that up to 186,000 or even more deaths could be attributable to the current conflict in Gaza.
Human rights groups believe an immediate and urgent ceasefire in Gaza is essential, accompanied by measures to enable the distribution of medical supplies, food, clean water, and other resources for basic human needs.
Guest – Professor David Myers is Distinguished Professor of History at UCLA and holds the Sady and Ludwig Kahn Chair in Jewish History. He serves as the director of the UCLA Luskin Center for History and Policy and he also directs the UCLA Initiative to Study Hate. He is the author or editor of many books in the field of Jewish history, including, with Nomi Stolzenberg, American Shtetl: The Making of Kiryas Joel, a Hasidic Village in Upstate New York published by Princeton University Press in 2022. It was awarded the 2022 National Jewish Book Award in American Jewish studies. From 2018-2023, he served as president of the New Israel Fund.
————————
Religious Nationalism and Separation of Church and State
The separation between church and state is a key component of our democracy, ensuring that freedom of belief is a right for all, not a privilege for some. The First Amendment’s establishment clause, “Congress shall make no law respecting an establishment of religion,” has been understood to prohibit the government from establishing an official religion or favoring one religion over others. This interpretation aims to ensure that the government remains neutral in religious matters and does not interfere with or support religious activities, thus maintaining a clear separation between religious institutions and government functions. Despite this, recent rulings by the right-leaning Supreme Court blur the lines between church and state and threaten to undermine this doctrine.
The rise of white Christian nationalism contributes to the degradation of the principle of separation of church and state. This movement reflects broader cultural and demographic trends and exerts significant influence on policy, public discourse, and grassroots movements. Addressing this issue involves understanding the underlying causes and promoting policies that uphold the constitutional commitment to religious neutrality and freedom.
Guest – Attorney Andrew Seidel, is the Vice President for Communications at Americans United for Separation of Church and State, an organization that challenges threats to the First Amendment. He is also the author of two acclaimed books: The Founding Myth: Why Christian Nationalism Is Un-American and American Crusade: How the Supreme Court is weaponizing Religious Freedom.
—-
Bend The Arc: Jewish Action
Hamas’ brutal attack on Israel on October 7 and Israel’s deadly and sustained military assault on Gaza have had significant consequences in the United States affecting the presidential election and triggering protests and counter-protests at hundreds of college campuses across the country.
It has also presented a serious test for progressive Jews and progressive Jewish organizations in the United States. One of those organizations is Bend the Arc which describes itself as “building a multiracial, multi-ethnic, inter-generational movement of Jews and allies all across the country who are rising up to build an American future free from white supremacy, antisemitism, and racism.” The Bend the Arc family of organizations includes a C3, C4 and a PAC, and in the past, I served as national chair of Bend the Arc’s C3 board and am currently active in its work in the California Chapter.
Until now, Bend the Arc had a strong boundary around working only on domestic economic and racial justice issues. But that all changed on June 4. On that day, Jamie Beran, CEO of Bend the Arc , sent a letter to President Biden. The letter welcomed Biden’s support for a permanent ceasefire plan in Gaza, but quickly added that, “Time and time again, despite your calls to end this violence, you have not followed through with material action. With over one million Palestinian refugees now being forced to flee Rafah, their last guaranteed refuge, thousands of lives lost, and families of captives being fined in Israel for demanding a ceasefire, it is long past time to end U.S. support for these attacks. Now is the moment to make good on your promise to stop providing offensive weapons to the Israeli military.”
Guest – Jamie Beran, is a leader in the Jewish social justice space. Jamie has built justice organizations that embody their values inside and out. She has held many roles at Bend the Arc in her 15-year tenure, including 9 years of executive leadership, most recently as Chief Operating Officer prior to becoming CEO. Prior to joining Bend the Arc, Jamie was the Leadership Development Director for Habonim Dror North America. Jamie holds a BA from Goucher College and is an alumna of UJA Federation’s and Columbia Business School’s Institute for Jewish Executive Leadership. Jamie lives in Central New Jersey with her husband and two children.
—————————————
Trump v United States
On July 1, the United States Supreme Court handed down one of the most important decisions in the history of our democracy. In the aptly named case of Trump verses United States, the six arch conservative justices awarded the ex-president – who appointed three of them – a vast and complex criminal immunity scheme.
In three ways the majority delivered Trump a tailor made “Stay-Out-of-Jail” trifecta of expanded constitutional protections for Presidents: First, absolute immunity for crimes committed when a President engages in “core” official acts and a near-conclusive presumption of immunity for other official acts; Second, a brand new rule of criminal procedure making a President’s motives irrelevant; and Third, another new rule excluding evidence of a President’s official acts from a criminal trial for his unofficial acts, which prosecutors offer to prove the ex-president’s prior knowledge and intent.
To help us understand exactly what the Court did and its impact not only on the 91 felony charges currently pending against Trump, but the future of the American presidency and our very democracy, we’ve ask one of our very own co-hosts.
Guest – Stephen Rohde practiced constitutional law for almost 50 years. He’s the author of American Words of Freedom, which examines the Declaration of Independence, the Constitution, and the Bill of Rights. On issues of civil rights, civil liberties and the Americal political system, he is a regular contributor to Truthdig, LA Progressive, Los Angeles Review of Books, and LA Lawyer magazine. This Fall on Ms. Media, he is launching Speaking Freely: A First Amendment Podcast with Stephen Rohde.
—-
The Palestinian Exception To The First Amendment
The resistance organization Palestine Legal, headquartered in Chicago, was created by our own Michael Ratner and others to resist our governments’ practice of what Michael called “the Palestinian exception to the first amendment.“
This exception to the supposedly protected First Amendment activity of speaking out and organizing by Palestinian solidarity activists is carried out by the repression of the US government nationally and locally. It has never been more ferocious than it is now.
However, the mobilization against the Israeli genocide – carried out with total US support – has not been undeterred by peak anti-Palestinian repression. Palestine Legal has been in the vanguard in defending and promoting the rights of people expressing solidarity with the Palestinians in Gaza.
Guest – Dima Khalidi, founder and Director of Palestine Legal. Her work includes providing legal advice to activists, engaging in advocacy to protect their rights to speak out for Palestinian rights, and educating activists and the public about the repression of Palestine advocates. Prior to founding Palestine Legal in 2012, Dima worked with the Center for Constitutional Rights as a cooperating attorney on the Mamilla Cemetery Campaign, submitting a Petition to United Nations officials to stop the desecration of an ancient Muslim cemetery in Jerusalem, and advocating on behalf of Palestinian descendants of individuals interred in the cemetery.
———————————–
Two Very Important Supreme Court Decisions
When does the government cross the line from using its highly visible bully pulpit to advocate for policies and principles it has every right to promote into the prohibited zone of threatening to use its awesome powers to punish viewpoints it opposes by coercing others to refrain from doing business with the speaker.
In two very important recent decisions, the U.S. Supreme Court was asked to decide whether it is still the law of the land that a government entity’s “threat of invoking legal sanctions and other means of coercion” against a third party “to achieve the suppression” of disfavored speech violates the First Amendment.
In National Rifle Association v. Vullo, in a rare unanimous opinion written by Justice Sonia Sotomayor, the Court held that “Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”
But the decision in the related case of Murthy v. Missouri, was not unanimous. In that case a federal district judge had ruled that the U.S. Surgeon General (Vivek Murthy) and other government officials violated the First Amendment by seeking to convince social media platforms to remove content the government deemed disinformation about COVID, the 2020 election and other subjects.
But on June 26, the Court punted. A 6 member majority – made up of both conservatives and liberals – held that the plaintiffs did not have standing. In dissent, three conservative justices said they would have found standing and on the merits they would have found a First Amendment violation.
Guest – Attorney David Cole argued the NRA case in the Supreme Court. He’s been the National Legal Director of the American Civil Liberties Union (ACLU) since 2016. He previously served as a staff attorney for the Center for Constitutional Rights. He has litigated a wide array of major civil liberties controversies and has personally argued 8 cases before the US Supreme Court and served as counsel in more than 30.
—-
Abolition Labor: The Fight To End Prison Slavery
Operating in the secrecy of the nation’s more than 1,800 prisons, a kind of shadow slave culture is being fostered. Few Americans are aware of the exploitative and pervasive practice of forced prison labor. The 13th amendment to the US Constitution abolished slavery, but it made one exception: prison labor.
Prisoners are forced to work with minimal or non-existent wages, and often with no labor protections. Understanding the scope and implications of forced prison labor is crucial for anyone concerned with social justice and equity. It calls for a re-examination of our treatment of incarcerated persons and for alternatives that promote fairness for everyone, regardless of their legal status. By shining a light on this issue, we can advocate for reforms that prioritize rehabilitation over punishment and strive towards a more just and humane criminal justice system. A new book, Abolition Labor: The Fight To End Prison Slavery, provides an eye-opening overview of the extent of this problem.
Guest – Andrew Ross is a renowned social activist, author, and Professor of Social and Cultural Analysis at New York University, where he also directs the Prison Research Lab. Andrew has contributed to prominent publications like The Guardian, The New York Times, and The Nation. He has authored or edited over twenty-five books, with the recent work, Abolition Labor, co-authored with Aiyuba Thomas and Tommaso Bardelli.
Guest – Aiyuba Thomas recently earned his M.A. from NYU’s Gallatin School of Individualized Study and is an affiliate of the NYU Prison Research Lab. He currently serves as project manager for the Movements Against Mass Incarceration’s archival oral history project at Columbia University. There, he documents the experiences and challenges faced by those affected by the criminal justice system. His firsthand perspective and his extensive knowledge on the subject makes him a powerful voice in the conversation of abolishing forced prison labor.
—————————————-
Freedom For Julian Assange!
After serving 1901 days in solitary confinement in a tiny cell in the infamous Belmarsh prison in London, journalist and publisher Julian Assange is free at last.
Julian gained his freedom pursuit to a plea bargain with the government of the United States which had sought to extradite him and try him under the 1917 Espionage Act He faced a certain conviction in a hostile Virginia court and 175 years in prison on 17 count of conspiracy to commit espionage for receiving and publishing information damaging to the United States government.
Julian Assange was forced to plead guilty to one count of espionage in return for the time he has served in prison. Prior to that he was confined for seven years in the Ecuadorian Embassy in London, where he had sought and received political asylum.
The alleged crime he was accused of committing was the receipt and publication in 2010 of the so-called Iraq and Afghanistan war logs which document American government guilt in torture and murder including the 11 civilians and two Reuters journalists.
Julian Assange was sentenced to time served by an American federal court judge on an island in the Pacific Ocean 2000 miles from Australia. Julian Assange will now be living as a free man in Australia with his wife and two children.
Guest – Randy Credico, a steadfast supporter of Julian Assange. Mr. Credico. hosted the program “ Countdown to Freedom” in support of Julian for many years. He had visited him in Belmarsh prison.
—-
War Crimes, Dictators and the ICC
The International Criminal Court (ICC) along with the International Court of Justice (ICJ) were set up in 1998 in order to help prevent wars and crimes against humanity with the profound understanding that without a system of international law a future World War III might eliminate humanity.
The United States of America, under Bill Clinton, was one of seven countries that voted against the Rome statute which set up the International Criminal Court. Clinton did eventually sign the statute but George Bush “unsigned“ it and the United States has had a testy relationship with the court. Indeed under Trump, the US imposed sanctions on the court and its prosecutor.
Last month Imran Khan, the chief prosecutor of the International Criminal Court, issued arrest warrants for Israel Prime Minister Benjamin Netanyahu and Yoav Galant, the Israeli Minister of Defense for war crimes and crimes against humanity. The ICC also issued arrest warrants for three top leaders of Hamas.
Guest – Attorney Reed Brody, was a friend, colleague, and mentee of our late cohost Michael Ratner. Reed Brody is the author of the recently published book To Catch a Dictator: The Pursuit and Trial of Hissene Habre. He has worked for many years with Human Rights Watch. Reed Brody has helped pursue the dictators Augusto Pinochet of Chile and Jean-Claude “ Baby Doc” Duvalier of Haiti. He has uncovered atrocities by US backed Contras in Nicaragua, led United Nations missions in El Salvador and the Congo, and exposed Bush administration torture.
—————————————-
A Brief History of Kill Lists, From Langley to Lavender
Two artificial intelligence systems are being used by Israel and the United States to compile kill lists of Palestinians in Gaza. They are called Lavender and Where’s Daddy. This has led to the indiscriminate slaughter of whole families and has killed mostly women and children. The CIA and the US military have always tried to use the latest data processing technology to identify and kill their enemies. The history of American government assassinations goes back to collaborating with ex-Nazi intelligent officers after World War II.
Guest – Medea Benjamin, is co-founder of the international antiwar organization CODEPINK. She is the author of several books, including, with Nicholas J.S. Davies, War in Ukraine: Making Sense of a Senseless Conflict. She has been an advocate for social justice for more than 40 years. Described as “one of America’s most committed — and most effective — fighters for human rights” by New York Newsday, and “one of the high profile leaders of the peace movement” by the Los Angeles Times, she was one of 1,000 exemplary women from 140 countries nominated to receive the Nobel Peace Prize on behalf of the millions of women who do the essential work of peace worldwide.
—-
A Trend In Abolishing Capital Punishment
A growing number of states have abolished capital punishment in recent years. However, the death penalty remains on the books in 27 states, although the number of executions in American is at an all-time low. It is well documented that the death penalty is riddled with fatal flaws. Literally, the flaws are denying defendants a fair trial and are killing innocent people. An average of 4 wrongly convicted death-row prisoners have been exonerated each year since 1973.
According to recent research, jurors are three times more likely to recommend a death sentence for a black defendant than for a white defendant in a similar case. The death penalty does not serve as a deterrent. A study by the Death Penalty Information Center found that the South has consistently had by far the highest murder rate, yet the South accounts for more than 80% of all executions. The Northeast, which has fewer than 0.5% of all executions, has consistently had the lowest murder rate.
Guest – Mike Farrell is the President of Death Penalty Focus, an organization on whose Board I’ve served for many years. Known to millions as “B.J. Hunnicutt” on television’s historic show “MAS*H,” he is also a writer, director and producer. A human rights activist for over 35 years, Mike has taken part in scores of aid missions and human rights delegations to countries all over the world. Mike has visited prisons and been personally involved in numerous death penalty cases across the U.S. for over three decades.
—————————-
Defense for Children International – Palestine v. Biden
There are defendants in a lawsuit brought in the northern district of California called Defense for Children International– Palestine v. Biden. The plaintiffs are represented by the Center for Constitutional Rights and attorney Marc Vander Hout. We’re going to talk about this lawsuit against President Biden, Secretary of State Blinken, and Secretary of Defense Austin. This lawsuit follows a January 2024 historic hearing that included testimony from some Palestinian plaintiffs and witnesses to the scale of destruction in Gaza and its impact on their families and communities.
Last week, a federal trial court in northern California found that Israel’s assault and siege of the Palestinian people in Gaza, possibly constituted genocide and implored the Biden administration to explain its “unflagging support“ for Israel. Notwithstanding these findings, the court denied the Center for Constitutional Rights‘ preliminary injunction motion and granted the government’s motion to dismiss the case on the grounds that it lacked jurisdiction over the administration of foreign relations.
The CCR appealed the decision. The appeal was argued on June 10, 2024.
Guest – Attorney Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights . Her areas of legal expertise include matters of torture, war crimes and militarism. Among her many major cases is the case titled, Situation of Afghanistan at the International Criminal Court; and the case titled, Survivors Network of those Abused by Priests-v-Vatican. Prior to her work at the CCR, she worked at the United Nations International Criminal Tribunal for the former Yugoslavia.
—-
A Century Of Repression: The Espionage Act And Freedom Of The Press
These are dire times for freedom of speech around the world. According to a recently-released report, more than half of the world’s population now lives in countries that are in a state of “crisis” regarding freedom of speech. This is occurring during a year that has been marred by attacks on investigative journalism all over the world, which we have especially seen in elections in Mexico and India, as well as in the United States.
Against this backdrop, the United States is only adding gasoline to a media-freedom fire by pursuing an ongoing prosecution and attempting to extradite WikiLeaks publisher Julian Assange under a 100-year-old US law called the Espionage Act of 1917. This prosecution threatens to set a dangerous precedent for journalists everywhere during these perilous times.
Guest – Carey Shenkman, is a constitutional lawyer and serves on a panel of experts at Columbia University’s Global Freedom of Expression Program. He is co-author, along with Ralph Engelman, of A Century Of Repression: The Espionage Act And Freedom Of The Press. Carey has recently been appointed Legal and Policy Advisor to the UN Special Rapporteur on Freedom of Expression. [Source for 50% figure – Global Expression Report, published by the London-based free speech organization ARTICLE 19] https://www.globalexpressionreport.org/
——————————————–
I Am Gitmo
It’s been 22 years since the United States opened its prison at the Guantanamo Bay Naval Base in Cuba. Specifically, it was four months after the September 11, 2001 attacks on the World Trade Center. And that was when we started seeing images of men and boys arriving there, bound and hooded, in orange jumpsuits, confined indefinitely without charges, legal process or trials…. And it was not long after that we began hearing reports that the US government was using torture, and even that prisoners were dying there – again, without even being charged with any crime let alone tried by any court.
The US justified its tactics as necessary to win the “War on Terror.” But UN Experts and human rights advocates globally have called for the US to close the facility due to its “unrelenting human rights violations.”
In 2009, President Obama took steps to close Guantanamo… but in 2018, Trump signed an executive order to keep it open. President Biden then came in, signaling he’d close it, but the subject has been largely ignored ever since. Today, thirty prisoners remain. Where To Watch I Am Gitmo In Theaters
Guest – Philippe Diaz, a filmmaker is shining a spotlight on the humanity of the men and boys who have lived – and some who have died – in Guantanamo. His latest film, the award-winning I Am Gitmo, is a story about a Muslim schoolteacher in Afghanistan who was accused of being involved in the September 11th attacks and imprisoned in Guantanamo Bay prison without charges or hope of being released. Philippe is not only the writer and director of I Am Gitmo, but he is also the founder of Cinema Libre Studio. CLS is a boutique film company created in 2003 with a consortium of partners to provide an alternative structure for intelligent, independent films to get developed, financed, produced and distributed.
—-
22 Years of Guantánamo Bay Detention Center
The notorious detention center at Guantanamo Bay is high among the most shameful steps taken during George W. Bush’s War on Terror. It remains a symbol of lawlessness and human rights abuses. In a recent letter, 17 US Senators, argued that the detention facility continues to harm U.S. national security by serving as a propaganda tool for America’s enemies and hinder counterterrorism efforts and cooperation with allies.
January 11 2024 marked the 22nd anniversary of Guantánamo’s opening. It has cost the United States $540 million each year. That’s almost a total of $12 billion and counting. There are now still 30 men remaining in detention at Guantánamo—more than half of whom have not been charged with any crime and have been approved by US national security leadership for transfer out of Guantánamo. Some of these men have been approved for transfer for years, and at least one has been approved for transfer for more than a decade, yet these 16 men have continued to languish in indefinite detention. None of the innocent detainees has ever been compensated for their wrongful detention. Sadly, Guantanamo is but one example of the forms of torture which the United States engages in and supports.
Guest – Rev. Ron Stief, an ordained minister in the United Church of Christ, who is the Executive Director of the National Religious Campaign Against Torture (NRCAT), an interfaith organization of more than 325 religious organizations committed to ending U.S.-sponsored torture. Rev. Stief sits on the Steering Committee of Shoulder to Shoulder / Standing with American Muslims Upholding American Values, co-leads the national advocacy strategy of the Washington DC Interreligious Staff Community, and is a member of the Federal Anti-Solitary Task Force which works to end solitary confinement in federal prisons, jails and immigrant detention.
;
———————
Counter Protest Tactics Attempt To Plague University Anti-Genocide Encampments
As the Israel-Gaza War rages on, protests have spread throughout American campuses as students oppose Israeli’s military onslaught and the tragic humanitarian crisis in Gaza. Student have demanded a ceasefire, an end to US military support for Israel and that universities divest from Israel. In response, University officials have suspended and expelled students, banned pro-Palestinian student groups, called in the police and sent mixed messages on students’ right to free speech. At UCLA, a group of counterprotesters launched a violent attack on pro-Palestinian protesters.
Guest – Salam Al-Marayati, president and co-founder of the Muslim Public Affairs Council, where he oversees MPAC’s groundbreaking civic engagement, public policy, and advocacy work. Salam Al-Marayati is an expert on Islam in the West, Muslim reform movements, human rights, democracy, national security, and Middle East politics. He has spoken at the White House and on Capitol Hill and has represented the U.S. at international human rights and religious freedom conferences. He is very active in interfaith dialogue, which is where I first met him in the wake of 9/11 in my capacity as a leader of Interfaith Communities United for Justice and Peace.
—-
NYU Encampment and Arrests
In early May, New York Police Department officers demolished pro-Palestinian encampments, and arrested 56 student protesters, at New York University and the New School. Officials at both universities enlisted the police their assistance in tearing down the tents.
The NYU encampment was at the John A. Paulson Center on Bleecker Street. Professors there released a statement condemning the decision to call in the municipal police, calling it “another shameful moment in NYU history” that had put students at risk. NYU’s Palestine Solidarity Coalition posted on social media: “We have seen seven months of targeting pro-Palestinian speech on this campus, and thus cannot agree with the admin’s claims of acting in good faith.”
Supporting student protesters at several NYC campuses has been Mumia Abu-Jamal, who has called in to address them from Mahanoy state prison in Pennsylvania. Mumia has told students that they are on the right side of history by electing “not to be silent and to speak out.”
Guest – Xavier Fitzsimmons-Cruz, Xavier recently earned his master’s degree at NYU; this fall he will begin working toward his PhD in history at the City University of New York.
————————————
We remember cultural historian and scholar Bruce Franklin. H. Bruce Franklin, a regular guest here on Law and Disorder, passed away last week, on May 19, at the age of 90. He was one of the country’s leading historians, and a scholar in American studies, science fiction, and other diverse fields. Bruce Franklin’s memory lives on through his many books, and his hundreds of professional articles.—Crash Course : From the Good War to the Forever War
US Army Ranger turned conscientious objector Rory Fanning recently wrote in this in The Guardian newspaper: “Last week Sunday ,November 11, we celebrated Veterans Day. It used to be called Armistice Day and was a celebration of peace after the slaughter of World War One. Now it is called Veterans Day. The United States has 668 military bases around the globe. The United States has conducted military operations in 2/3 of the world’s countries since September 11, 2001. It has spent 3/4 of $1 trillion each year on it’s military – more than the next 13 countries combined. The US has taken hundreds of thousands of lives around the world these past 14 years and shows no signs of slowing down.“
Guest – H. Bruce Franklin, is one of America’s leading cultural historians, H. Bruce Franklin is the author or editor of nineteen books and more than 300 articles on culture and history published in more than a hundred major magazines and newspapers, academic journals, and reference works. He has given over five hundred addresses on college campuses, on radio and TV shows, and at academic conferences, museums, and libraries, and he has participated in making four films. He has taught at Stanford University, Johns Hopkins, Wesleyan, and Yale and currently is the John Cotton Dana Professor of English and American Studies at Rutgers University in Newark. Before becoming an academic, Franklin worked in factories, was a tugboat mate and deckhand, and flew for three years in the United States Air Force as a Strategic Air Command navigator and intelligence officer. Professor Franklin is touring the country to speak about his just publish book Crash Course : From the Good War to the Forever War.
———————————–
The More Effective Of Two Evils
The extensive growing repression and censorship in our country is manifest daily. Already some 3000 students have been arrested and many of their encampments on college campuses have been violently closed down. The leading newspaper, the New York Times, has instructed reporters not to use the words “genocide” or “ethnic cleansing.” Journalist Chris Hedges has been removed from The Real News Network for interviewing, Dennis Kucinich, the independent candidate for Congress in Ohio and for not supporting the presidential candidacy of Joe Biden.
The necessity for independent political action, independent of both the Republican and the Democratic parties, is the lesson many social activists are drawing. The journalist, Glen Ford, of the Black Agenda Report , coined the phrase “the more effective of two evils” in describing the Democratic Party.
The Democrats are trying to beat people into their camp by haranguing about how horrible Trump is. That’s true. But look at how effective Biden has been in supporting the Israeli genocide. It has only been the independent action of the courageous students that may succeed in tempering the onslaught. It has already had some effect. Activist are now focusing on the fact that it was the Democratic Party on a national and local scale that coordinated attacks on the Palestine solidarity encampments. Just as they did under Obama in closing down Occupy.
The Democrats prevented Bernie Sanders from getting the nomination. Had he not supported the Democrats and became an independent our movement would’ve been much more effective than his lobbing Biden. He has been reduced to the edge of relevance. Significant social change comes from organizing people independently. The rise of the CIO, the civil rights movement and the movement to end the war in Vietnam are illustrations of this truth.
In appreciating the role of the Democratic Party, social activists are increasingly concluding that independent, political action now will help us against Trump should he get elected. Conversely herding people in to supporting the Democratic Party will disarm us.
Guest – Chris Hedges, the journalist and author discusses the collapsing media landscape, what happened to him at The Real News Network and how we preserve journalism. He spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class.
—-
Early Detection: Catching Cancer When Its Curable
The “war on cancer“ declared by President Richard Nixon over 50 years ago has been a failure. Mortality rates for victims of cancer have not decreased, except for the successful campaign against smoking.
Attorney Michael Ratner, when he was the President of the Center for Constitutional Rights, helped found Law And Disorder radio 20 years ago. We lost him to cancer eight years ago.
Michael’s younger brother Bruce Ratner has co-authored the book Early Detection: Catching Cancer When It’s Curable. It Is dedicated to the memory of Michael Ratner. Bruce and Michael shared similar values. Over the years, cancer rates have pretty much remained the same. Very high. Particularly affected are poor people, rural people, and people of color.
Most money spent on fighting cancer by big pharmaceutical companies goes into researching and developing medicines for late-stage cancers. These medicines have proven to only prolong life for several months. So, what is the answer to truly combating cancer? Early detection. And it must be quite early on.
Funds currently misdirected could be used in this effort. Prostate, breast, colo-rectal, and lung cancers can be detected early. But too often they are not. Even when they are, many people don’t follow up with treatment. A blood test has been developed to identify 50 different cancers. But what’s missing is a massive program of education and organization to catch cancer in its early stages.
Guest – Bruce Ratner studied science at Harvard, graduated from Columbia law school and then taught at NYU Law School. New York City Mayor John Lindsay appointed Bruce to be the Commissioner of Consumer Affairs. Bruce went on to develop real estate in Manhattan and Brooklyn and brought the first professional athletic team, the Brooklyn Nets, to Brooklyn, where he developed the Barclay Center. He also sits on the boards of Weil Cornell Hospital in Memorial Sloan Kettering Hospital. He has initiated the Michael D. Ratner Center for Early Detection of Cancer.
————————————–
Free Speech: Protest Testing The Limits Of Protection
As controversy rages over protests, encampments, and arrests at hundreds of college campuses around the country, in reaction to the war in the Middle East, free speech is once again at the forefront of national debate. Time and again in American history, the nation has been gripped by the complex question of whether certain speech is or is not protected by the First Amendment. Recently, college presidents have been under fire for failing to protect free speech or for going too far in tolerating free speech. Some have been forced to resign and others have called in the police. Students have been attacked; others have been suspended; student political organizations have been banned. What’s going on and where does the First Amendment fit into all this?
Guest – Nadine Strossen, a leading expert on constitutional law and the First Amendment. Nadine Strossen is Professor of Law Emerita at New York Law School and served as President of the American Civil Liberties Union from 1991 until 2008. She is a Senior Fellow with the Foundation for Individual Rights and Education and is on the advisory boards of the ACLU, Academic Freedom Alliance, Heterodox Academy, National Coalition Against Censorship, and the University of Austin. The National Law Journal has named Strossen one of America’s “100 Most Influential Lawyers,” and in 2023, the National Coalition Against Censorship selected her for its Judy Blume Lifetime Achievement Award for Free Speech.
She is the author of HATE: Why We Should Resist It with Free Speech, Not Censorship (2018) and Free Speech: What Everyone Needs to Know® (2023). Her book Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights was named a New York Times “notable book” of 1995, and was republished this year as part of the New York University Press “Classic” series.
——————————–
Police, Politics And Violent Repression Against Pro-Palestine Student Protest
During the Occupy Wall Street protests of late 2011 and early 2012, the FBI treated the Occupy movement as a domestic terrorist threat. That was even though the Bureau acknowledged that organizers were calling for peaceful protests. Massive resources were deployed to track the movement, and FBI and counter-terrorism agents around the nation coordinated with local and federal law enforcement to track and gather intelligence, effectively serving as an arm for private business.
More than a decade later, college administrators are calling local armed police—some in riot gear—to arrest and in many instances brutalize hundreds of pro-Palestinian protesters in actions and encampments sweeping the nation. More than 1,000 protesters have been arrested over the last two weeks on campuses in states including Texas, Utah, Virginia, North Carolina, New Mexico, Connecticut, Louisiana, California and New Jersey. At UCLA, last week, after pro-Israel supporters carrying symbols of radical Jewish groups, not of student age, allegedly threw fireworks into a solidarity encampment, students defending the camp were attacked with stones and sticks. Yet, after an hour of violence, police standing nearby failed to intervene.
Guest – attorney Mara Verheyden-Hilliard from the Partnership for Civil Justice Fund and the Center for Protest Law and Litigation in Washington, DC. Mara is one of the nation’s leading litigators defending protesters and winning numerous reforms in police practices at mass assemblies and demonstrations.
—-
Legacy of Protest At Columbia University
One of the great events of the 60s is the Columbia student takeover of several key buildings on their campus in protest of the university’s complicity in the war against the Vietnamese people. The takeover was also a protest to building a gym in a public park in Harlem adjacent to Columbia University, considered to be a racist act.
The student actions at Columbia brought down a terrific repression. Hundreds of students were arrested and beaten. Our own Michael Ratner, a cofounder of Law and Disorder, and a law student at Columbia, was also beaten by the police. For Michael, there was no turning back. He went on to become one of the great movement lawyers of his generation.
Guest – anti-Vietnam war activist Eleanor Stein, like Michael, she was a student at the law school. Eleanor Stein went on to become an attorney, she is a climate change, environmental justice and human rights activist and advocate. She teaches climate change and human rights at the State University of New York, at Albany, and has just recorded a Continuing Legal Education session on this subject for the CUNY Law School. In addition, she facilitates international forums on climate change and energy. And for years, Professor Stein was an Administrative Law Judge at the NY state agency that regulates the energy industry.
—————————-
Nationwide Peaceful Protests Against Genocide In Palestine
Around the nation, peaceful campus protests against the Israeli genocide of Palestinians in Gaza are spreading. And they’re meeting with a rash of arrests by local police departments, dozens of school suspensions, and evictions from student dormitories. Many of those evicted have been students of colors, students with disabilities, and first-generation students. In New York, the NYPD arrested 108 students at Columbia University, and gave them 14 minutes to gather their belongings and leave their dormitories. New York University erected a plywood wall around Gould Plaza, an outdoor campus space in Greenwich Village, where police had earlier arrested protesting students.
All this because they took part at the large protest. Officials at Harvard University closed Harvard Yard in anticipation of possible protests and suspended the student group Palestine Solidarity Committee. Police arrested 9 students at the University of Minnesota for their refusal to dismantle a pro-Palestinian encampment. The California campus of Cal Poly Humboldt was shut down after students occupied a building. Shutitdown4Palestine.org
In an April 23 letter to the New York Times, nearly 60parents of students at Columbia and Barnard, from a variety of religious faiths ad social backgrounds wrote that they “find the actions taken by the administration deeply troubling and contrary to the principles of liberty, justice and academic freedom that are fundamental to the mission of higher education.”
Guest – Brian Becker is the director of the Answer Coalition, a founder of the Party for Socialism and Liberation, and host of The Socialist Program.
—-
Julian Assange Extradition Case Update
Regarded by many as the greatest journalist of our generation for exposing American war crimes Julian Assange is about to be extradited at America’s request to a federal criminal court in Virginia to be tried for his journalistic activities which exposed extensive murderous American crimes and embarrassed US government particularly the CIA.
Julian was a young computer genius in Australia. He figured out a way to receive information from whistleblowers anonymously. This was done in order to protect them when his publication company WikiLeaks revealed to the world the activities of the CIA, the American military and U. S. diplomats.
As published by WikiLeaks the Vault Seven revelations exposed the CIA had developed technologies to turn our cell phone into listening devices, even when turned off and tap our personal computers, and even control our automobiles. WikiLeaks exposed American torture in Afghanistan. They published a video of an American gunship helicopter murdering Iraqi civilians, even children, and two Reuters journalists on the streets of Baghdad.
Julian was given political asylum in the Ecuadorian embassy in London, where he holed up for seven years. Then five years ago the British police at America’s request removed him from the embassy and put him into solitary confinement in the notorious Belmarsh Prison.
Now the United States has succeeded in getting a compliant British court to extradite Julian , despite the law, preventing extradition of political prisoners, especially to a country that has the death penalty, and no guarantee of free speech for foreigners.
Guest – Vincent De Stefano is the National Organizing Director of the U.S. Julian Assange Defense Committee. Mr. De Stefano is on the Southern California ACLU board of directors and executive committee and he has worked with Amnesty International for more than four decades.
——————————————
The RSS feed URL you're currently using https://follow.it/lawanddisorder will stop working shortly. Please add /rss at the and of the URL, so that the URL will be https://follow.it/lawanddisorder/rss
It Was Genocide: Armenian Survivor Stories
Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.
The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.
Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.
As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.
Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.
Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.
—————————————–
Deluge: Gaza and Israel from Crisis to Cataclysm
In the last six months of the war by Israel against the Palestinian population of Gaza, a truth has become quite clear: The war is not one of self-defense. And moreover, the October 7 attack by Hamas in southern Israel is being used by the Netanyahu government as a pretext for ethnically cleansing the 2.2 million Palestinians who live there, and get them out of the Gaza Strip.
Israel, like America, is a colonial settlers state. It was built on top of an indigenous population whose removal was necessary to establish the new state of Israel. The Palestinians, who were the majority, never got their own state. Three quarters of 1 million of them were driven out, many ended up as refugees in the Gaza Strip.
The Palestinians in Gaza are now being systematically slaughtered by Israel and United States, which is a full partner in the whole operation, supplying weapons, money, and diplomatic cover.
The Israeli military is the fourth most powerful military in the world. Most of the native population has been driven into a tiny corner in the southern village of Rafa where Israel and America plan an imminent invasion. This, despite the story, spun by the Biden administration, they are trying to “moderate“ Israel. This is perception management. Israel is using starvation as a weapon. The Palestinian people are plagued by famine and disease. Israel is allowing food in at an inadequate trickle.
The United States ended its funding of the main United Nations support organization even as it continues, contrary to American law, to ship weapons to Israel, including 2000 pound bombs, 500 pound bombs, and jet fighters to deliver them.
Israel and the United States have crippled the United Nations and undermined international law. The International Court of Justice , the highest court in the world,ruled that Israel was “plausibly committing” a genocide. This ruling has been ignored by Israel and the United States.
Guest – OR Books associate editor Jamie Stern Weiner author of the recently published book Deluge: Gaza and Israel from Crisis to Cataclysm. His previous books include Moment of Truth: Tackling Israel-Palestine’s Toughest Questions and Antisemitism and the Labour Party.
—-
Pro-Palestine Protestors Target of Covert Israel Campaign
Well, the cat is now definitely “out of the bag”. What many of us have long suspected, our guest today has now documented. It is that the Israeli government created a task force to plan and carry out a covert campaign to disrupt and punish pro-Palestinian protesters on the college and university campuses of the United States. And the plan is in full operation. It was first reported in the Israeli website Ynetnews, one of the largest and greatly respected media outlets in Israel.
So far, the western media has largely ignored this shocking news. The task force is chaired by Foreign Minister Eli Cohen and led by various senior government officials. The task force has been in operation for some years and has already achieved some success in its efforts to stifle the growing anti-Israeli, pro-Palestinian movement in the United States.
Guest – Professor William Robinson is the Distinguished Professor of Sociology and Global and International Studies, and Latin American and Iberian Studies. He is also a member of the Affiliated Faculty, Chicana and Chicano Studies, all at the University of California, at Santa Barbara. Prof. Robinson’s most recent books are: The Global Police State, the book Global Civil War, and the book Can Global Capitalism Endure? And in 2017 he and Maryam Griffin together published: We Will Not Be Silenced: The Academic Repression of Israel’s Critics.
—————————–
Sexting Among Teens, A Felony
Because teenagers spend a good deal of their time online and on social media platforms, awareness has risen about related risks such as cyberbullying, shaming, and online predation. But then there’s sexting, the sharing between teens of explicit images. A study in the Journal of American Medical Association revealed that sexting is common among adolescents, with at least 1 in 4 teens receiving explicit texts and emails.
What we don’t hear much about are the legal consequences of such communications. In half of the states in this country, criminal laws classify the act of “sexting” among minors as a felony. New York, California, New Jersey, and Michigan are among those states. Their laws consider the exchange, possession, distribution, or production of explicit images of minors through sexting as felony offenses under certain circumstances. The specific criteria and penalties vary from state to state.
Teenagers who engage in sexting rarely realize the consequences of their actions. Since teens are minors, sharing nude or explicit or suggestive photos of themselves or their friends is considered child pornography. That means that possessing or sending the photos may amount to criminal possession or distribution of child pornography. If convicted for one of these offenses, young people may face severe penalties and life-long consequences.
Guest – Attorney Andy Stengel is a criminal defense attorney and former prosecutor in the Manhattan District Attorney’s Office who has also worked in the executive and legislative branches of New York State government and for the Brennan Center for Justice.
—-
No Business With Genocide
April is Earth Month, a time to think twice about our relationship with — and responsibility to — our planet and the ecosystem we rely on, and of course, our fellow living beings. With technology and social media, we have unprecedented access to information and images from all over the world. But witnessing natural disasters, wars and other untold suffering can be debilitating. Thankfully, there are people like today’s guest, to remind us that we, individually and collectively, have so much power to change the course of history and create a healthier world for future generations.
Guest – Simon Billenness, an advocate for environmental sustainability, human rights, corporate governance, and social justice. Described by the New York Times as “a super-specialist” in human rights advocacy, Simon has, for more than two decades, advised investors, non-profits, universities, communities, and unions in holding corporations accountable. He is currently the Executive Director of the International Campaign for the Rohingya and for the coalition-led campaign, No Business With Genocide. He also serves on the Business and Human Rights Co-group of Amnesty International USA.
———————————————
Chris Hedges: Israel’s Trojan Horse
The Israeli military is the fourth most powerful military in the world. In the last six months it has turned the Gaza Strip into a howling wilderness. Most of us 2.2 million inhabitants have been driven into a tiny corner in the south in the city of Rafa where they face an invasion planned by Israel with American support. Israel sent a delegation to Washington last week. The story spun by the Biden administration is that they are working with Israel to try to “moderate” Israel. This is perception management.
Meanwhile, in another PR move, the United States, announced that it is building a temporary pier on the Mediterranean shore of Gaza to facilitate the importation of food stuffs. But it doesn’t say that the pier will facilitate the export of Palestinians in to permanent exile.
Israel is using starvation as a weapon of war. The United States is not serious about getting food for Palestinians. It continues to supply the Israelis with weapons, including opening up its weapons storage facility in Israel for the Israelis to freely use.
Contrary to American law, the Biden administration, has circumvented Congress 100 times to send even more weapons and bombs which have killed more than 32,000 people and injured another 70,000 while destroying most of the homes in Gaza, their hospitals, schools, mosques , water and sanitation plants, and electrical infrastructure.
Israel’s reaction to the judgment of International Court Of Justice, the highest court in the world, was to ignore their founding of “plausible, genocide“ and to ignore their decisions – taken together amount to a cease-fire. Israel’s goal is to ethnically cleanse Gaza and resettle it with their own people. Last week Trump’s son-in-law Jared Kushner gave his opinion on the subject calling the western shore of Gaza “good beachfront property“ most suitable for development now that the Palestinians have been driven out of their homes.
Defenders of Israel say that Israel is acting in self-defense, that Iran and Hezbollah in Lebanon are behind Hamas, and that in any case the figures of death and injury of Palestinians are lies perpetrated by the Gaza Ministry of Health, which is controlled by Hamas.
Guest – Chris Hedges, award-winning journalist and political writer. Chris Hedges reported for The New York Times from 1990 to 2005 and served as the Times’ Middle East Bureau Chief and Balkan Bureau Chief during the wars in the former Yugoslavia. In 2001 Hedges was one of the Times’ writers on an entry that received the 2002 Pulitzer Prize for Explanatory Reporting. Prior to his work for the Times, he worked as a freelance war correspondent in Central America for the Christian Science Monitor, NPR and the Dallas Morning News. His books include “Death of the Liberal Class”, “War on America”, “Days of Destruction, Days of Revolt”, and his book “War Is a Force That Gives US Meaning”, which was a finalist for the national Book Critics Circle Award for Non-Fiction.
—-
Billionaires, Economies And Elections
There were 614 billionaires in America four years ago before the pandemic. Now there are 737. Their total wealth is more than $5 trillion. In the last four years they went from having 2,947,000,000,000 to having 5,529,000,000,000. The golden rule in the United States is that he who has the gold makes the rules. A corollary to this rule is – follow the money.
The immense concentration of wealth among a handful of billionaires in America has destroyed every institution in our country from education to politics. What effect does it have on elections? We have two parties. Both support capitalism which has resulted in having two parties of big money. They make it nearly impossible to challenge their hegemony by forming a third party.
The Supreme Court decision in Citizens United ruled that corporations are people. Thus, they can exercise their free speech rights and donate an unlimited amount of money to preserve and advance their perceived interests. In 1937 the great political journalist Ferdinand Lundburg analyzed wealth and class in the USA in his book America’s 60 Families. He wrote about how they functioned for the purpose of gaining and keeping political and economic power.
In 1968 Lundburg published The Rich and the Super Rich. It shows how the ruling elite controls the mainstream media and the US economy and have virtually uncontested influence over American political institutions. The infamous names of the ruling class back then were Rockefeller, Ford, Vanderbilt, Melon, Dupont, Guggenheim, Whitney, and Astor. They made their money in oil, steel, chemicals, that is to say, basic industry. But their wealth was relatively small compared to today’s economic titans who have made their money in tech industries and speculation.
Guest – Patrick Martin, senior editor at the world socialist web site where he covers a range of political issues in the United States.
————————————-
I Dare Say: A Gerald Horne Reader
Angela Davis once stated “radical simply means grasping things at the root.” This makes understanding possible. What are the roots of our present dilemma? Where did capitalism come from? And what accounts for its great success? Where did racism come from? When was it implanted? Why are alternatives to the capitalist Democratic and Republican parties so feeble?
What did Malcolm X really stand for and what did he try to accomplish before he was assassinated at age 39, the same age that his contemporary Martin Luther King was assassinated five years later? How does this contribute to the weakness of our movement?
This weakness can be traced back most immediately to the anti-Communist witchhunt of the 1940s and 1950s and the destruction of the left-wing; of our once powerful trade unions beginning in 1947.
The danger that Malcolm X. presented to the powers that be are best understood by his internationalism, his reaching out to leaders in Africa, his desire to go to the United Nations to mobilize against American racism.
Today’s political activists are drawn to the works of historians to appreciate where we are at, how we got here, and what to do next.
Guest – Gerald Horne has written about these profound events. His reader I Dare Say has just been published by OR books. Cornell West called Gerald Horne is “one of the great historians of our time.“ Horne approaches his study of history as a politically engaged scholar with an insightful and necessary partisan stance. He graduated from both the University of California law school and Columbia University where he got his PhD in history. Horne has been active as a leader of the National Conference of Black Lawyers and is the author of 40 books as far reaching as the origins of capitalism, racism, settler colonialism, boxing and jazz. He is currently a chaired professor of African-American history at the University of Houston.
—-
Attorney Michael Deutsch on Repression of the Pro-Palestinian Movement
Historically, when the people of our nation rise up in massive opposition to policies and actions undertaken by their government that are deemed essential to its foreign or domestic policies, various governmental agencies invariably begin the process of trying to shut down or seriously weaken the peoples’ movements against those policies and actions. That’s what happened in the 1960’s and early ‘70’s, during the movement against the U.S. war in Vietnam. In the ‘60’s when the movement for civil rights was so active in our nation. Or more recently in response to the movement on behalf of immigrants’ rights. And so it is not surprising that the pro-Palestinian movement in the United States, which in the wake of how Israel is conducting its war in Gaza, has exponentially increased in size and in public view, would immediately become the focus of renewed governmental, as well as private, repression in America. Colleges and universities shut down groups like Students for Justice in Palestine and Jewish Voice for Peace; college presidents were called to testify before Congress about what they were, or were not, doing to combat alleged increases in anti-Semitism on their campuses; the U.S. House of Representatives initiated, and continues, an investigation of the pro-Palestinian movement; private employers have withdrawn job offers to students and others who joined the anti-Israel protests; and authors and speakers deemed too supportive of the Palestinian cause continue to be disinvited or banned from speaking at public forums.
Secrets And Lies: The Persecution Of Muhammad Salah
Often, governmental efforts to intimidate or undermine these peace and social justice movements include actions that are not visible to the general public. Secret actions. Actions such as sending undercover agents into the targeted protest groups in order to disrupt the group. Electronic spying on the groups and group leaders escalates. And, as the case with the movement now protesting Israel’s actions in its war in Gaza, a war backed by the United States both politically and militarily, various U.S. policing agencies are now consulting with, visiting with, and working in concert with governmental agencies in Israel.
Guest – Michael Deutsch, a lawyer with the famed human and civil rights People’s Law Office in Chicago, Illinois. Michael has also served as the Legal Director for the Center for Constitutional Rights in New York City. In the course of his career, he has been a criminal defense lawyer for the rebelling prisoners at Attica, and later was a coordinator in the Attica civil lawsuit where, after two decades of litigation there was a settlement of 12 million dollars in damages. Mr. Deutsch has also represented Black Panther Party members, Puerto Rican Nationalist prisoners in the 1950’s, who won an unconditional sentence commutation from President Carter in 1979; and more recently Michael represented Rasmea Odeh, the Deputy Director of the Arab-American Action Network, a former Palestinian prisoner and torture survivor.
——————————————-
SCOTUS Oral Arguments Social Media Platforms
Earlier this month, the Supreme Court heard oral arguments about two different state laws that would regulate how large tech companies control what content can appear on their sites. The laws would compel companies to carry all users’ viewpoints and would preclude them from de-platforming political candidates. The Florida law at issue in Moody v. NetChoice and its Texas counterpart in NetChoice v. Paxton represent challenges by tech lobbying groups, NetChoice and the Computer and Communications Information Association. The plaintiffs claim the laws violate their First Amendment rights to make editorial choices about what content to permit or prohibit.
Most members of the Supreme Court seemed to indicate that, in some contexts, the Florida and Texas laws likely violate the First Amendment rights of the social media firms. They also expressed concern that blocking the laws entirely might go too far.
Republican legislators in the two states passed the laws aimed at what they say are efforts to stifle conservative voices on platforms like Facebook and YouTube. In part, the laws came about after platforms banned Donald Trump for violating their rules against inciting violence in his posts related to the Jan. 6, 2021 Capitol insurrection.
The plaintiffs assert that it will be virtually impossible for platforms to monitor and prevent hate speech, pro-terrorism advocacy and content that could harm children.
Potentially pivotal members of the court included conservative Amy Coney Barrett and her liberal counterpart Ketanji Brown Jackson. They said the correct course for the court was murky because large social media platforms play many different roles. While the platforms primarily curate speech crafted by users and enjoy broad First Amendment protection for doing so, the sites also provide services, like private messaging, that don’t involve much, if any, editorial supervision by the sites. Barrett and Jackson suggested that such services are similar to telephone or internet providers and can be subject to more government regulation.
Guest – Attorney and Professor Zachary Wolfe at George Washington University in Washington D.C.
—-
Robin Anderson on US-Israel Media Genocide Complicity
International humanitarian aid organizations have been documenting and warning that Israel was committing crimes of war after bombing Gaza after the October 7, 2023 Hamas attacks. Yet major media outlets and social media platforms have consistently ignored their on-the-ground reports.
As Israel’s attacks escalated into acts of genocide, corporate media coverage has largely framed such violence as defensive and justified. Glaringly absent has been reporting on Israel’s long-established use of violence and deprivation against Palestinians in Gaza, the West Back and Occupied East Jerusalem. As we’ve been covering on Law and Disorder, 50 years after Israel occupied the West Bank and Gaza Strip, it has systematically repressed and abused the rights of the Palestinian population. It is long recognized by most state and international bodies have long recognized that Israeli settlements are illegal under international law. Israeli violence has long been aggressive, a fact well documented but rarely discussed is establishment media.
What factors have contributed to Israel avoiding moral and legal culpability for its acts of genocide? As it turns out, there are many, from Israel employing propaganda, falsifying evidence, to the censorship and silencing of US journalists and commentators as well as repression of dissident voices online and off. And powerful Israeli lobbying forces have effectively silenced any criticism of Israel.
Guest – Robin Andersen is Professor Emerita of Media Studies at Fordham University. She writes media criticism for Fairness and Accuracy in Reporting (FAIR), and other outlets, and works with Project Censored as a contributor to the annual State of the Free Press book. Her work 0n the current Israeli bombing of Gaza has appeared in numerous publications. She is a guest columnist for Al Jazeera Arabic. Her book, A Century of Media, A Century of War, won the Alpha Sigma Nu book award in 2007. Robin’s Substack Page
Hosted by attorneys Michael Smith and Heidi Boghosian
——————————–
Legal Analysis Of Recent Supreme Court Decisions
The U.S. Supreme Court, securely under the control of a Super Majority of 6 conservative Republican justices, three of whom were appointed by Donald Trump, continues to play a decisive role in undermining our constitutional democracy. This ominous trend continues based on three recent key cases, which we’ll be talking about today.
In one, the Court on March 4 rejected a lower court ruling that Trump was ineligible to run for president; in April the court will hear oral arguments on Trump’s claim of absolute immunity from criminal liability; and recently the Justices heard argument over whether social media sites had a right to ban Trump and others under their content moderation standards.
All of these cases arise from the insurrection on Jan. 6, 2021, when a mob of thousands stormed the US Capitol to prevent Joe Biden from being certified as President. That day, and for many months before and after, Donald Trump attempted to interfere with the constitutionally mandated process for the election of the President of the United States. Hanging in the balance of these three cases are some of the most momentous issues facing our democracy.
Guest – Stephen Rohde is a noted constitutional scholar and activist. He is the past Chair of the ACLU Foundation of Southern California; one of the founders and current Chair of Interfaith Communities United for Justice and Peace; and the author of American Words of Freedom and of Freedom of Assembly. Steve Rohde is also a regular contributor to the Los Angeles Review of Books, and to TruthDig, and a leader in the national campaign to free the imprisoned investigative journalist, Julian Assange.
—-
The Right To Boycott Israel
The First Amendment gives citizens the right to boycott, as well as the right to free speech and assembly and the separation of church and state. The right to boycott is under attack by right wing anti-democratic forces. Anti-boycott bills have been passed in 37 states so far. The main organization behind canceling our constitutional right to boycott Israel for its horrific crimes against Palestinians is the American Legislative Exchange Committee (ALEC). Its a well-funded right wing outfit with considerable power.
Today we speak with leading Palestine solidarity activist Felice Gelman. She helped produce and direct the five minute video called the Right to Boycott. It is a strategic tactic to oppose Israeli crimes against Palestinians.
The boycott started with the Boston Tea Party. The Montgomery Bus Boycott set off the civil rights movement in the south. The Grape Boycott supported Cesar Chavez and the farmworkers in California. The necessity of pushing back against Israel’s genocidal practices has never been more evident.
Guest – Felice Gelman is a coordinator of the Freedom2Boycott NYS Coalition, which has worked for a decade to defeat legislation penalizing boycotts in New York State and recently released a short film The Right to Boycott. She is a board member of the Friends of the Jenin Freedom Theatre, supporting The Freedom Theatre in the West Bank of Occupied Palestine. She was the co-producer of the first full length documentary filmed and directed by Palestinian filmmakers in Gaza, Where Should the Birds Fly?
Hosted by attorneys Michael Smith and Maria Hall
——————————
The Trillion Dollar Silencer: Why There Is So Little Anti-War Protest in the United States
As the notion of perpetual war and a militarized society are normalized, notably absent are antiwar protests by faith-based organizations, civil rights groups, academics, and others. The Trillion Dollar Silencer details this absence while laying bare the devastation wrought in the United States and abroad by the military industrial complex.
Author Joan Roelofs delves into the pervasive role of military contractors and bases that have come to be economic hubs of their regions. She discusses how state and local governments are intertwined with the Department of Defense (DoD), including economic development commissions at all levels. Contracts and grants to universities, colleges, and faculty come from the DoD and its agencies, such as the Defense Advanced Research Projects Agency. The Minerva Initiative funds social scientists for military research. Civilian jobs in the DoD provide opportunities for scientists, engineers, policy analysts, and others. The Reserve Officers’ Training Corps (ROTC) programs are subsidized by the DoD.
In addition to businesses large and small, nonprofits receive DoD contracts and grants, including environmental and charitable organizations such as The Nature Conservancy and Goodwill Industries. Individuals, arts institutions, charities, churches, and universities share in the profitability of military-related investments. Pension funds for public and private employees and unions are replete with military stocks. In other words, the military industrial complex is so embedded in our political economy that it has become virtually impossible to find any sector of our society that is not intertwined with militarism.
Guest – Joan Roelofs, Professor Emerita of Political Science at Keene State College. She teaches in the Cheshire Academy for Lifelong Learning and writes for scholarly and political publications. Joan is the author of “Foundations and Public Policy: The Mask of Pluralism,” and “Greening Cities: Building Just and Sustainable Communities.” She has been an anti-war activist ever since she protested the Korean War.
Hosted by attorneys Heidi Boghosian and Julie Hurwitz
————————-
The World Supports Julian Assange
In the past few days, the case of imprisoned journalist Julian Assange, the co-founder of WikiLeaks, who published the truth about the multitude of war crimes committed by United States and its allies, in the course of their wars in Iraq and Afghanistan, was back in court in London, where Assange is fighting extradition back to the United States. He is charged in the U.S. under an obscure section of the 1917 U.S. Espionage Act. As Megan Specia, writing in the New York Times put it, the two-day hearing “will determine whether he has exhausted his right to appeal within the U.K. and whether he could be one step closer to being sent back to the United States.” And she added, “and whether or not the people of the United States are one step closer to losing what is left of a free press in America, and with it what is left of our democracy.”
Assange has been effectively incarcerated for years now, the last five of which in solitary confinement in a notoriously horrid British prison in London, where both his physical and mental health have been steadily deteriorating. Indeed, a lower court judge in his extradition case had ruled against extraditing him because of the strong likelihood he would die in an equally horrid U.S. prison.
A nationwide and world-wide movement to free Julian Assange has been fighting for Assange’s freedom for years now. Virtually all of the world’s leading associations of journalists, and human rights organizations have called for an end to the U.S. government’s prosecution and persecution of Assange. As have major U.S. and foreign newspapers. Assange is an Australian citizen, and the Australian government has called for his release; Australian Prime minister Albanese says he did so when he recently met with President Biden.
Well, why did the Trump Administration decide to prosecute Assange in the first place, and as we now know, at one point plot to murder him? Why did the Obama Administration decide not to continue with the prosecution, and why has the Biden Administration nevertheless continued to do so?
And if Julian Assange loses this his last appeal within the British courts, does he have any remaining legal remedy?
Guest – Chris Hedges, award-winning journalist and political writer. Chris Hedges reported for The New York Times from 1990 to 2005 and served as the Times’ Middle East Bureau Chief and Balkan Bureau Chief during the wars in the former Yugoslavia. In 2001 Hedges was one of the Times’ writers on an entry that received the 2002 Pulitzer Prize for Explanatory Reporting. Prior to his work for the Times, he worked as a freelance war correspondent in Central America for the Christian Science Monitor, NPR and the Dallas Morning News. His books include “Death of the Liberal Class”, “War on America”, “Days of Destruction, Days of Revolt”, and his book “War Is a Force That Gives US Meaning”, which was a finalist for the national Book Critics Circle Award for Non-Fiction.
—-
Flint Taylor Representing Malcom X’s Family In Reinvestigation Case
An assassination is a political murder. Malcolm X was assassinated on February 22, 1965 when he was speaking in the afternoon at the Audubon Ballroom in New York City. The New York Police Department and the FBI were involved. J. Edgar Hoover, the Director of the FBI, said “. . . we must stop the rise of a new black messiah.”
Days before the murder the NYPD arrested two of Malcolm’s bodyguards who would’ve protected him that afternoon. Two of the men who were convicted of the murder and who each served over 20 years in prison have been exonerated and released. One person, the trigger man, was convicted and served 45 years. But others involved have gone free as a result of withholding information by the police and the FBI.
Civil rights lawyer Ben Crump, who represented the family of George Floyd, has been retained by Malcolm X’s daughters to pursue the matter. On his team are attorneys Flint Taylor, Ben Elson, and Roy Hamlin. The function of the FBI and police departments nationwide is to protect the status quo. Hoover and the NYPD recognized the threat Malcolm posed with his newly formed Organization of African -American Unity.
Malcolm X was rapidly evolving into a socialist revolutionary. He had said with respect to the capitalist order that it could not produce social justice, that a chicken cannot lay a duck egg and if it ever did, it would be a pretty revolutionary chicken. Malcolm was killed on February 22, 1965. The FBI had opened a file on him in 1953. Thereafter he was under constant surveillance. In 1964 the head of the FBI, J. Edgar Hoover, commanded “do something about Malcolm X.“ Malcolm was assassinated the next year.
Malcolm X stood for Black consciousness, unity in action, solidarity with those struggling against imperialism worldwide, independence from the two capitalist political parties, and a deep sense of love for people.
Guest – Flint Taylor of the Peoples Law Office. Taylor is a nationally recognized civil rights attorney. He represented the family of Fred Hampton demonstrating that the Chicago Police Department and the FBI were responsible for the assassination of the young Black Panther leader. He’s written the book “The Killing Machine: Racism and Police Violence in Chicago”. He is one of the editors of the “Police Misconduct Law Reporter. He’s the author of The Torture Machine: Racism And Police Violence In Chicago.
Hosted by attorneys Michael Smith, Maria Hall and Jim Lafferty
——————————–
Disqualification Clause In Trump v. Anderson
On February 8, the Supreme Court heard oral arguments in Trump v. Anderson. The Colorado Supreme Court had held that Donald Trump’s participation in the January 6 insurrection makes him ineligible to be president, under the Disqualification Clause in Section 3 of the 14th Amendment to the Constitution. At issue is whether the Colorado court erred in holding that Donald Trump is disqualified from the office of the presidency.
During the arguments, with the exception of Sonia Sotomayor, all of the members of the Supreme Court – many of whom identify as originalists — signaled that they are prepared to ignore the command of the Disqualification Clause and refuse to allow Colorado to exclude Trump from the ballot.
Section 3 was enacted by Congress in the wake of the Civil War to disqualify people from holding office who had served in government prior to the war, but then supported the Confederacy. Nevertheless, during the Trump v. Anderson oral arguments, the Supreme Court members all but ignored the January 6 insurrection, the greatest threat to the survival of the Republic since the Civil War.
Guest – Marjorie Cohn is Professor of Law Emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. Marjorie is also Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. She writes frequent articles about the Supreme Court for Truthout.
—-
Pro-Israel Media Bias in US Newspapers
Analysis of the coverage of Israel’s war on Gaza by three major newspapers—The New York Times, Washington Post, and Los Angeles Times—reveals consistent bias against Palestinians, according to a recent report by the Intercept. The analysis, which examined more than 1,000 articles from these publications during the first six weeks of Israel’s assault, focused on usage of key terms and their contextual framing.
The study uncovered significant disparities in the reporting of casualties and the emotional language used. Terms like “slaughter” and “massacre” were disproportionately applied when describing the killing of Israelis compared to Palestinians. For instance, editors and reporters used the word “slaughter” 60 times to describe the killing of Israelis, but only used it once when referring to Palestinians. The word “massacre” was used 125 times to describe the killing of Israelis but only used twice for Palestinians. The term “horrific” was used 36 times in the context of Israeli casualties compared to just 4 times for Palestinians.
Despite the fact that Israel’s genocide in Gaza has caused an unprecedented loss of life among children—with more than 10,000 reported fatalities as of the present—only two headlines out of more than 1,100 news articles in the study mentioned the word “children” in connection with Gazan victims. Similarly, the plight of journalists, with more than 100 Palestinian reporters killed due to the Israeli bombardment, received scant attention. The word “journalists” and its iterations, such as “reporters” and “photojournalists,” appeared in only 9 headlines in over 1,100 articles.
Guest – Mischa Geracoulis is a journalist and critical media literacy expert. Mischa is the Curriculum Development Coordinator at Project Censored, and serves on the editorial board of the Censored Press and The Markaz Review. She writes about journalistic ethics and standards, press and academic freedoms, identity and culture, and the protracted disinformation campaign against the Armenian Genocide.
Hosted by attorneys Heidi Boghosian and Marjorie Cohn.
—————————————
Unflagging Support For The Military Siege Against Palestinians In Gaza
Several months ago, various Palestinian human rights groups and individuals in Gaza and in the U.S., filed a lawsuit in a U.S. federal court, against President Biden, Secretary of State Blinken, and Secretary of Defense Austin, for their failure to prevent, and their complicity in, the Israeli government’s unfolding genocide against them, their families, and the 2.2 million Palestinians living in Gaza. They were represented by the attorneys at the famed Center for Constitutional Rights in New York City.
After a hearing that included testimony from seven Palestinian plaintiffs and witnesses as to the scale of destruction in Gaza and its impact on them and their families, the court found that Israel’s assault and siege on the Palestinian people in Gaza did, “plausibly” constitute genocide, and the court “implored” the Biden Administration to examine its “unflagging support” for Israel. This constituted a profoundly important finding. But the court nevertheless dismissed the case on the grounds that it lacked jurisdiction over the administration’s conduct of foreign affairs.
What was the testimony of the plaintiffs in this case? What were the legal arguments put forth by their attorneys? Why did the court rule as it did? And what is the significance of the judge’s finding that it was “plausible” that genocide was, indeed, taking place in Gaza and its urging of the Biden Administration to examine what the judge termed, its “unflagging support” for Israel in its war on the Palestinian people? CCR Case
Guest – Attorney Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights . Her areas of legal expertise include matters of torture, war crimes and militarism. Among her many major cases is the case titled, Situation of Afghanistan at the International Criminal Court; and the case titled, Survivors Network of those Abused by Priests-v-Vatican. Prior to her work at the CCR, she worked at the United Nations International Criminal Tribunal for the former Yugoslavia. She is a visiting professor of law at the City University of New York (CUNY) School of Law.
—-
2024 Could Be The Year America Fends Off Dictatorship Or Invited In
Some years ago, Michael Ratner, the president of the Center For Constitutional Rights and a co-founder of Law And Disorder interviewed our returning guest attorney Benjamin Carter Hett. Hett is a historian, a professor at Hunter College and a lawyer. He wrote a stellar biography of the great German leftist attorney Hans Litten, who cross-examined Hitler, almost stopping him from coming to power by exposing Hitler’s hypocrisy on using violence.
As Michael wrote about professor Hett’s book “it brings to life the period preceding the takeover of Germany by the Nazis. Litten’s cross examination of Hitler went to the heart of the Nazis attempt to achieve power through violence.” Trump has promised to do the same should he get elected. Professor Hett recently wrote about this in an opinion piece in the Los Angeles Times. In an interview with Fox News host Sean Hannity Trump said he wanted to be a dictator “on the first day” of his new administration.
It has been reported that Trump would invoke the Insurrection Act which would allow him to deploy troops to crush protests, arrest dissidents, and shut down oppositional media. Trump is a fascist. He’s not an advocate of the rule of law or of democracy. He boasts about using violence. In the divorce papers his first wife Ivana Trump filed against him she alleged that he kept a book of Hitler’s speeches at his bed table.
Like Hitler, Trump appeals to his base and their desire for “retribution.” Trump said “we pledge to you that we will root out the Communist and radical left thugs that live like vermin within the confines of our country.” Hitler’s racism was shown by his antisemitism, Trump’s by his hatred of immigrants who he says, echoing Hitler, “will poison” American blood.
Guest – Benjamin Carter Hett is a former trial lawyer. He is now a professor of history at Hunter College and the author of several books, including Crossing Hitler: The Man Who Put The Nazis On The Witness Stand. Most recently he has written an opinion piece in the Los Angeles Times titled 2024 Could Be The Year America Fends Off Dictatorship Or Invites In.
Hosted by Attorneys Michael Smith and Jim Lafferty
————————————–
World Court: South Africa Presents Plausible Case That Israel Committed Genocide
On January 26, the International Court of Justice (ICJ, or World Court) handed down a historic, near unanimous ruling in South Africa’s case against Israel for its genocide against the Palestinians in Gaza. At least 26,422 Palestinians have been killed and 65,087 injured by the Israeli Occupying Forces since Hamas’ October 7 attacks. More than 85% of the Palestinians in Gaza have been displaced.
The World Court concluded that South Africa presented a “plausible” case that Israel is committing genocide in Gaza. The court held that the right of the Palestinians to be free from genocidal acts, and South Africa’s right (as a party to the Genocide Convention) to ensure Israel’s compliance with the convention, could be protected by six provisional measures (an injunction), which the court ordered Israel to take.
South Africa’s ministry of foreign affairs described the court’s decision as “a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people.” The Lawyers for Palestinian Human Rights called the ICJ’s decision “a much-needed light in the darkness,” adding, “It is a historic day for clearly recognizing the fundamental human rights of Palestinians, including their fundamental right to life, and an important vindication of the vital resort to law to uphold fundamental rights.”
Richard Falk, former UN Special Rapporteur on Human Rights in the Occupied Palestinian Territory, said the ICJ’s ruling “marks the greatest moment in the history of the [court]” because “it strengthens the claims of international law to be respected by all sovereign states?—?not just some.” This is particularly significant in light of the recent ruling here in the United States in which the federal district court on January 31 dismissed a lawsuit against Joe Biden, Antony Blinken and Lloyd Austin for their failure to prevent genocide and complicity in genocide by Israel.
Guest – Marjorie Cohn is Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. Marjorie is also professor of law emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She has written several articles about Israel’s genocidal campaign in Gaza for Truthout.
—-
Judge Dismisses Genocide Case On Behalf Of Palestinian Human Rights Groups
On January 26, just hours after the International Court of Justice found a plausible case that Israel is committing genocide in Gaza, a historic 4-1/2 hour hearing took place in a federal courtroom in Oakland, California. Palestinians who are suing President Joe Biden, Secretary of State Antony Blinken and Defense Secretary Lloyd Austin for failure to prevent genocide and complicity in genocide testified before district court Judge Jeffrey White in a live-streamed session. 1,000 people watched the hearing via Zoom. There were also hundreds of people outside the courthouse during the hearing, standing in solidarity with the Palestinian plaintiffs.
The Center for Constitutional Rights (CCR) filed the lawsuit on behalf of Palestinian human rights organizations Defense for Children International – Palestine and Al-Haq, three Palestinian individuals who live in Gaza, and five Palestinian Americans who have family in Gaza.
The plaintiffs petitioned U.S. District Court Judge Jeffrey White to declare that the United States has violated international law and to issue a preliminary injunction to immediately force Biden, Blinken and Austin to stop providing additional money, weapons, and military and diplomatic support to Israel for its genocide in Gaza.
The defendants have asked Congress to appropriate $14.1 billion in military assistance to Israel — in addition to the $3.8 billion the U.S. already provides to Israel each year. Blinken authorized a $320 million transfer of military equipment to an Israeli manufacturer of precision bomb kits.
On January 31, Judge White dismissed the case because it involved a “political question” which is reserved to the executive and legislative branches. He wrote that “the ongoing military siege in Gaza is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide.” But he concluded this case was a “rare” instance where “the preferred outcome is inaccessible to the court.” He also wrote that the “Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza.”
Guest – Maria LaHood, one of the attorneys who presented the case for the Palestinian plaintiffs, Maria is Deputy Legal Director at CCR, with expertise in constitutional rights and international human rights. Maria works closely with Palestine Legal to support students and others whose speech is being suppressed for their Palestine advocacy around the country. She graduated from the University of Michigan Law School and was named a 2010 Public Justice Trial Lawyer of the Year Finalist.
Hosted by attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
———————————–
Israel’s War As A Catalyst For World War
One issue flowing from the Israeli-Palestinian war, at first pretty much ignored, is the danger of the war widening. And as Israel’s war in Gaza drags on, with no end yet in sight, the threat of a much wider war grows stronger. Already the war has resulted in military action in Syria and Iraq, by forces loyal to Iran; U.S. military facilities have been targeted in Iraq by Iranian backed forces; the United States and Great Britain are now regularly bombing Houthi military installations in response to the Houthis militarily disrupting the free flow of shipping in the Gulf region, on behalf of their support for Palestine; and, there are now daily clashes between Hezbollah in Lebanon, and Israel, across their shared border.
So far, the adversaries have been careful to not go beyond an unspoken, but generally recognized “tipping point,” so as not to bring about open nation-on-nation warfare throughout the region. But a “slippery slope” has now been created that many fear could bring about what would amount to a “world war”, even if confined only to that part of the world. And if that happens, who knows how many other nations in the Middle East would end up drawn into such a wider war.
Guest – Richard Becker is the Western Regional Coordinator of the “Act Now to Stop War and End Racism” coalition, or ANSWER. He is the author of the highly praised book, Palestine, Israel, and the U.S. Empire, published in 2013, with an up-dated edition of the book about to be released, as well. He is also the author of the book entitled, The Myth of Democracy and the Rule of the Banks. Richard Becker is also a national leader in the Party for Socialism and Liberation.
—-
Climate Change And Legal Analysis
While it has been all too slowly, the reality of climate change and what it means for life on our planet, for human lives and the lives of the multitude of other life forms we share this planet with, has become clearer to all who’ve not buried their heads in the sand and closed their eyes and minds to this deadly reality.
For a few decades now we humans have been paying more and more attention to the issue, and have actually instituted some measures aimed at holding climate change in check, but so far with pitifully little effect. In fact, despite these more recent efforts, those greenhouse gases just keep reaching for the sky in greater and greater amounts every year. Is it hopeless? That is, are we humans hopelessly unwilling and unable to do what the science on the matter makes clear must be done if we are not to find ourselves, rather soon, on our way to extinction? Are there, in fact, things we could and should be doing that would actually work?
Guest – Professor Eleanor Stein is a climate change, environmental justice and human rights activist and advocate. She teaches climate change and human rights at the State University of New York, at Albany, and has just recorded a Continuing Legal Education session on this subject for the CUNY Law School. In addition, she facilitates international forums on climate change and energy. And for years, Professor Stein was an Administrative Law Judge at the NY state agency that regulates the energy industry. She guided state policy on recovery from Superstorm Sandy ten years ago. In this regard, her work centered on mediating processes to bring solar and wind energy to the state at scale, at speed, and with justice.
Hosted by attorneys Jim Lafferty and Maria Hall
——————————–
South Africa Brings Israel To World Court
On January 11 and 12, South Africa and Israel appeared in a historic case before the International Court of Justice (ICJ), also known as the World Court, in The Hague. South Africa’s legal team made a strong and persuasive argument that Israel is engaging in genocide against the Palestinian people in Gaza. South Africa asked the court to impose nine emergency “provisional measures” aimed at putting an end to the slaughter.
South Africa’s application to the ICJ places Israel’s genocidal acts and omissions in the broader context of Israel’s 75-year apartheid policy, 56-year occupation, and 16-year blockade imposed on the Gaza Strip. This siege was described by the Director of UNRWA Affairs in Gaza as “a silent killer of people.”
South Africa told the court that it “unequivocally condemned the targeting of civilians by Hamas and other Palestinian armed groups and the taking of hostages on 7 October.” But, it continued, “no armed attack on a State’s territory no matter how serious — even an attack involving atrocity crimes — can provide any justification for, or defence to” genocide. Israel “has crossed this line.”
Israel responded by placing responsibility on Hamas for the situation in Gaza. It accused South Africa of an “attempt to weaponize the term genocide.” Israel argued that international humanitarian law is the relevant framework — that Hamas committed war crimes. In Israel’s view, this is not a genocide case; if anyone was the victim of genocide, Israel claims IT was on October 7 when Palestinian resistance forces killed what Israel claims were 1,200 people. However, Hamas is not part of this case, because it is not a state party to the Genocide Convention.
Guest – co-host Marjorie Cohn is Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. Marjorie is also professor of law emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She writes prolifically about Israel’s occupation of Palestinian territory and Israel’s violations of the human rights of the Palestinian people.
—-
Honoring the Legacy Of Dr. Martin Luther King Jr.
We hear part of an hour long program honoring the life and legacy of the Rev. Dr.Martin Luther King. Our listeners know all too well that the Nobel Peace Prize laureate was shot on April 4, 1968. Not so well known is the radical Dr. King, who said in the last months of his life that:
“Our only hope today lies in our ability to recapture the revolutionary spirit and go out into a sometimes hostile world, declaring eternal hostility to poverty, racism, and militarism. With this powerful commitment we shall boldly challenge the status quo.”
Joining us are special guests Ruby Sales, a colleague of Dr. King’s and co-founder of the Student Nonviolent Coordinating Committee; and Rev. Dr. Emma Jordan-Simpson, Executive Director of the Fellowship of Reconciliation (F.O.R.). We’re also joined by author and activist Matt Meyer, a board member of the AJMI.
Dr. King began close ties with A.J. Muste and with the F.O.R. during the Montgomery bus boycott, when FOR staff members Bayard Rustin and Glenn Smiley came to Alabama to support local efforts nonviolently challenging racial segregation. Dr. King developed a special relationship with former FOR chairman A.J. Muste, whose absolute pacifism King had, as a theological seminary student, questioned.
Before heading F.O.R., Muste was a prominent labor leader, helping to found the militant Congress of Industrial Organizations (CIO). And Dr. King, of course, was killed exactly one year after taking a staunch anti-Vietnam war position and in the midst of supporting a significant strike of sanitation workers, linking—as he had been—issues of race, class, and violence as King deepened his critique of the roots of oppressive U.S. society.
Guest – Ruby Sales is the founder and director of the “SpiritHouse Project”, a national organization that uses the arts, research, education, action and spirituality to bring diverse peoples together to work for racial, economic and social justice as well as for spiritual maturity. A life-long organizer, scholar and public theologian in the areas of civil, gender and other human rights, she was a member of the Student Non-violent Coordinating Committee and served as national convener of the Make Every Church A Peace Church movement.
Guest – Rev. Dr. Emma Jordan-Simpson is the Executive Pastor of The Concord Baptist Church of Christ, Brooklyn, NY. She has combined pastoral ministry with the social justice community. The former Executive Director of the Children’s Defense Fund she is now the Executive Director of the Fellowship of Reconciliation.
Guest – Matt Meyer is Secretary-General of the International Peace Research Association, Chair of the International Fellowship of Reconciliation’s Financial Advisory Committee, Africa Support Network Coordinator of the War Resisters International, and Senior Research Scholar at U-Mass Amherst. As current National co-chair of FOR and former Chair of the War Resisters League, he is second only to AJ Muste in holding the top post of those two historic US peace organizations. He is author of the recently published White Lives Matter Most And Other “Little” White Lies.
Hosted by attorneys Heidi Boghosian and Marjorie Cohn (also as guest)
———————————–
Human Rights Lawyer Says UN Failed To Protect Palestinians
The Israeli air and ground war against 2.3 million Palestinians imprisoned in the Gaza Strip is in its is 98th day. Ralph Nader stated on Democracy Now that the reported 23,000 deaths of Palestinians is vastly understated. He estimated a true count to be around 100,000. Moreover, he projected, that because of disease and starvation 500,000 people in Gaza will likely die this year.
International human rights lawyer Craig Mokhiber resigned from the United Nations on October 28, 2023.
He had worked for the UN for more than three decades, and was the director of its human rights agency in New York. In his resignation letter he wrote that the UN had failed in its duty to protect Palestinians. Mokhiber accused the US, the UK, and much of Europe, of being “wholly complicit in the horrific assault” in Gaza.
Last week South Africa filed a lawsuit against the government of Israel in the International Court of Justice for the crime of genocide. The ICJ is the court of the United Nations. John Kirby, a spokesperson for the United States, called the lawsuit “counterproductive, without any basis in fact, whatsoever“.
Guest – Attorney Craig Mokhiber, graduated from the University of Buffalo Law School and has lived in the Gaza Strip. Mr. Craig Mokhiber is a Director in the New York Office of the High Commissioner for Human Rights (OHCHR). A lawyer and specialist in international human rights law, policy and methodology, he has served the UN since 1992. As chief of the Human Rights and Development Team in the 1990s, he led the development of OHCHR’s original work on human rights-based approaches to development and human rights-sensitive definitions of poverty.
—
CIA Operations Subject To Discovery In Assange Attorneys’ Spying Case
On December 19th, a federal court in New York rendered a decision of profound importance, having to do with claims of illegal actions by the CIA, and others, brought by attorneys representing the world-renowned journalist and founder of WikiLeaks, Julian Assange. Assange is currently imprisoned in London awaiting a final ruling in the U.S. government’s efforts to extradite him back to the United States and stand trial for violations of the Espionage Act of 1917, for having published documents exposing U.S. war crimes in connection with America’s wars in the Middle East. In their lawsuit against the CIA, former CIA head Mike Pompeo, and others, Assange’s attorneys alleged that the CIA violated the attorneys’ constitutional rights by subjecting them to illegal surveillance during their visits with Assange while he was staying in the Ecuadorian Embassy in London, where he had been granted asylum.
While the other claims of the attorneys were dismissed by the court, the CIA was not dismissed from the lawsuit. And so, the plaintiffs have won a rare opportunity for the clandestine operations of the CIA, which prides itself on secrecy, to now be subjected to public scrutiny and accountability through discovery actions in connection with the plaintiff’s claims.
The importance, the significance of this victory against the CIA cannot be overstated. And to help us understand how this victory came to pass, what the alleged abuses of the CIA were that led the judge to deny the attempt of the CIA to be dismissed from the lawsuit.
Guest – Vincent de Stefano, the chief organizer for the National Defense Committee for Julian Assange. Mr. De Stefano is a life-long social justice activist and a founding member of the Southern California Assange Defense Committee, as well as an Executive Board member of the national Assange defense committee. He is the former President of the Pasadena/Foothills Chapter of the ACLU and a board member of the Southern California ACLU Affiliate. Vince De Stefano has worked with Amnesty International for over 4 decades, and in 2019 was recognized by Amnesty as their Urgent Letter Writer of the Year.
Hosted by Attorneys Michael Smith, Maria Hall and Jim Lafferty
———————————————-
Israel Is Terrified The World Court Will Decide Its Committing Genocide
Since Hamas killed 1,200 Israelis on October 7, Israel has launched a full-scale genocide against the Palestinian people in Gaza. As of this broadcast, Israeli forces have killed at least 22,100 Gazans, about 9,100 of whom are children. At least 57,000 persons have been wounded and at least 7,000 are reported missing. Untold numbers of people are trapped beneath the rubble. Israel has expelled and forcibly displaced more than 85% of Gaza’s population from their homes, and has cut off their access to food, water, fuel and electricity.
Although the International Criminal Court (ICC) has been investigating what it refers to as the “Situation in the State of Palestine” for nearly three years, calls for prosecution of Israeli officials have been ignored. This blind eye comes as the chief prosecutor of the ICC demonstrates blatant bias in favor of Israel.
The ICC’s Rome Statute provides for the prosecution of individuals who commit, or aid and abet the commission of genocide. By contrast, the International Court of Justice (ICJ or “World Court”) — the judicial arm of the UN system — resolves disputes between countries.All the 153 countries that have ratified the 1948 Genocide Convention have a duty to prevent and punish genocide and they can submit the issue of Israel’s genocide to the ICJ.
On December 29, South Africa launched a well-documented case at the ICJ, alleging that Israel’s military campaign in Gaza amounts to genocide. South Africa is asking the court to order provisional measures to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention.” It also asks the court “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.”
A hearing in the ICJ on South Africa’s application is scheduled for January 11 and 12. Other parties to the Genocide Convention are being approached to join South Africa’s petition.
Marjorie’s recent article : Israel Is Terrified The World Court Will Decide Its Committing Genocide
Guest – Marjorie Cohn – Law and Disorder co-host Marjorie Cohn, who is Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. She is Professor of Law Emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild and she has written extensively about the Israeli genocide in Gaza for Truthout.
—-
Remembering Australian Journalist John Pilger
Today we re-broadcast a recent interview we did with the great Australian journalist John Pilger about his film titled The Coming War On China. With the exception of a short break at the conclusion in 1975 of the Vietnamese war, the United States has been at war continually. The momentum of what President Eisenhower warned us against and described as being led by, “the military industrial complex” has been going on with successive wars against Afghanistan, Iraq, Libya and now the American proxy war in Ukraine. The military industrial complex has been augmented by support from the CIA, Congress, and the corporate media.
As Pilger demonstrates, the United States, is building up for a war against China. This build up is both military and ideological and shaped by hostile propaganda. In this respect, an alarming full page New York Times article, 11 weeks in the making, and written by seven reporters, appeared on August 5, 2023. The article targeted the American peace organization CODEPINK as well as one of its financial backers. It is a hit piece that has alarmed many of us in the movement. John Pilger gives us the background to it.
Guest – John Pilger covered that war as a young reporter and understood that it was based on the lie that Lyndon Johnson told falsely stating that the North Vietnamese had attacked an American ship in the Gulf of Tonkin. Another 1 million people died in the Iraq war That war was based on the now well known lie that Saddam Hussein had weapons of mass destruction that he was going to use against us and that he was responsible for 911. A similar campaign of fear mongering is going on now about China. The major news media parrot the government’s fact free line that China is our enemy. In his article “The Coming War With China” John Pilger wrote “a US war against China beckons and we have a responsibility to speak out. We know what is coming. Silence must be broken.”
Hosted by attorneys Michael Smith, Maria Hall, Heidi Boghosian and Marjorie Cohn
—————————————-
What Kind Of Nation?
What kind of nation cuts off of food, water, medicine, electricity, and fuel to 2 1/3 million Palestinians and then bombs them as they sit trapped in the open air prison which is the Gaza Strip? What kind of national leader in his capacity as Israeli Minister of Defense, says “We are fighting human animals and we are acting accordingly.“ Israeli Prime Minister, Benjamin Netanyahu promised that “We will turn Gaza into a deserted island.”
What kind of a nation vetoes a cease-fire as the US did in a 13 to 1 vote when it was proposed at the United Nations Security Council? The Israeli and American nations finds themselves morally isolated on the world stage.
The American government supplies the weapons of war to a nation that has so far annihilated at least 20,000 people, including 8000 children. The Israelis use weapons made in the US and paid for by our tax dollars.
American foreign policy is driven by the military industrial complex. It’s a country whose weapons industry is closely allied with the weapons industry of Israel and a country whose government is heavily influenced by the Israeli lobby, a lobby that should be forced to register as an agent of a foreign country.
Guest – Aaron Maté about the continuing genocide in Gaza, which is now approaching 100 days. He is a journalist with The Gray Zone where he hosts “Pushback“. He is the co-host of Useful Idiots. In 2019 Aaron Maté won the Izzy award for outstanding achievement in independent media for his Russiagate coverage in The Nation.
—-
Unilateral Sanity Could Save The World: Nothing Can Be Changed Until Its Faced
As we begin 2024, the Bulletin of Atomic Scientists just reset its nuclear doomsday clock for the 24th time in its 76-year history. They created the doomsday clock just after WW2 to visually represent the threat of global nuclear annihilation. Although the precise time won’t be announced until later this month, the most recent change was just one year ago: in January 2023, when the clock was moved forward to 90 seconds til midnight – the closest to midnight ever.
What will 2024 bring? Will we get swept up in momentum and fervor toward global catastrophe? Or can we muster the will and courage to act … and try to save one another – other animals, the earth, and ourselves?
In his article, Unilateral Sanity Could Save the World, our guest: author and political analyst Norman Solomon, invokes Antonio Gramsci’s philosophy of keeping a “pessimism of the intellect,” but “an optimism of the will.”
Guest – Norman Solomon is a long-time associate of Fairness and Accuracy in Reporting, the national director of RootsAction.org, and the Executive Director of the Institute for Public Accuracy. His books include War Made Easy: How Presidents and Pundits Keep Spinning Us to Death; and his latest book, War Made Invisible: How American Hides the Human Toll of its Military Machine which was published by the New Press in June 2023.
Hosted by attorneys Michael Smith and Maria Hall
—————————–
Enforcing Insurrection Clause Against Former President Donald Trump
On December 19, Colorado’s top court became the first in the nation to rule that Donald Trump is disqualified from holding office because he engaged in insurrection against the Constitution on January 6, 2021. With this ruling, the Colorado secretary of state will exclude Trump’s name from the state’s Republican primary ballot.
Voters in three other states are also challenging Trump’s eligibility to appear on primary ballots based on the 14th Amendment’s Disqualification clause. It disqualifies from office any individual who has taken an oath to support the Constitution and then “engaged in insurrection or rebellion against the same.”
In last week’s Colorado decision, a four-justice majority wrote that they were “mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.” As the other three cases are being decide, some are concerned that enforcing the constitutional accountability clause could escalate political violence.
In a recent Newsweek editorial, Praveen Fernandes emphasized the importance of judges heeding the warning of legal scholar Sherrilyn Ifill. She notes that when judges have hesitated in the past to apply the provisions of the 14th Amendment, it has had the effect of undermining our democracy’s promise.
Guest – Praveen Fernandes serves as the vice president at the Constitutional Accountability Center in Washington, DC. The center is a public interest law firm and think tank committed to realizing the progressive ideals embedded in the Constitution’s text and history. Praveen brings to the table nearly two decades of experience working on issues related to law, democracy, and civil rights, both within and outside the government.
—-
Legacy of Peace and the Treaty of Ghent
On February 17, 1815, the United States and Great Britain both ratified the Ghent Treaty in Washington, officially ending the War of 1812. That year, David Low Dodge founded New York Peace Society, the nation’s first formal peace movement. It was followed by the Massachusetts Peace Society. England founded a peace movement around the same time, with Switzerland and France following suit in 1821 and 1830, respectively. Most other European countries established peace movements after 1850.
Successful nonviolent protest strategies in the U.S. are most often associated with the Civil Rights Movement in the South during the 1950s and ‘60s. Leaders such as Ella Baker, Martin Luther King, Jr., A.J. Muste, Bayard Rustin and John Lewis dedicated their lives to th philosophy of non-violence and studied its successful use by Mohandas Gandhi to free India from Britain’s colonial grip.
But as war and carnage wages in the Middle East and in Ukraine, and as political violence is on the uptick in the U.S., peaceful protests don’t seem to be as impactful as in earlier decades. Law & Disorder takes a look at the state of peace studies and peace actions in the United States and abroad.
Guest – Matt Meyer, historian and organizer, serves as Secretary-General of the International Peace Research Association. It is the world’s leading consortium of university-based professors, scholars, students and community leaders. Matt is also the Senior Research Scholar of the University of Massachusetts/Amherst’s Resistance Studies Initiative and has been active with the War Resisters’ International and the International Fellowship of Reconciliation, and he serves on the A.J. Muste Institute board. The author/editor of more than a dozen books, Matt’s work focuses on 21st Century Decolonization, African Peace Studies, the Strategies and Tactics of Movement-building, the significance of support for political prisoners, and the Abolition of White Supremacy. SpiritofMandela
—————————–
Unwavering U.S. Support Of Israeli War Atrocity
Israel, with indispensable American support, is destroying the people of Gaza. They are being bombed by American planes dropping American bombs and shot at by Israeli soldiers, using American weapons and ammunition. Israel has prevented them from getting food and water, medical supplies and fuel. They are sick and starving. 85% of the population of 2.3 million have had their homes destroyed and are living outside in the cold without food, fuel medicine or clean water
Already some 20,000 Palestinians have been murdered, the majority, women and children. At least 800 children have had their limbs amputated. It is a one-sided war. The American equipped Israeli Air Force and Army is the fourth largest military force in the world. The Palestinians are essentially defenseless against this. They have been herded to the south tip of tiny Gaza, their homes, schools, hospitals pulverized. They are living in the streets, in the cold, with no sanitation, awaiting their certain destruction by starvation, dehydration, and cholera.
The American government has fully supported this genocidal operation with military supplies, diplomatic, cover, and propaganda. Last week, the United States voted to block a cease-fire resolution at the UN Security council – 13 to 1. The US and Israel are looked upon as moral outlaws by the rest of the world.
Why has the American government supported Israel? What is the history of this support for the Israeli colony which was set up in 1948 in the heart of the Arab world and has been expanding and displacing Palestinians ever since?
Professor Khalidi OpEd LA Times
Guest – Columbia University Professor Rashid Khalidi is a Palestinian American historian of the Middle East, the Edward Said professor of Modern Arab Studies at Columbia University, and Director of the Middle East Institute of Columbia School of International and Public Affairs. He was educated at Yale and Oxford universities and is the author of many books on the Middle East. He is also the author of Under Siege: PLO Decision Making During the 1982 War, Brokers of Deceit: How the US Has Undermined Peace in the Middle East and recently The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017.
—-
Anti-Semitic or Pro Palestine, Quick Silencing Of Student Protests
Unless you’ve been living in a cave for the past week or so, you know about the firings and attempted firing of university heads at M.I.T, Harvard, and Penn in the wake of the new Israeli-Palestinian war. At M.I.T. and Penn, their top bosses were, in fact, fired. So far, Claudine Gay at Harvard has held on to her job, but many still think her days there are numbered. The moves to get rid of these university bosses flowed from the claim that they were not strong enough in their condemnation of the October 7th Hamas attack, and of the way their students sloganized in the course of their boisterous on-campus protests against Israel, because of the humanitarian crisis resulting from what Israel is doing in Gaza.
In short, they were deemed to be, if not out and out anti-Semantic themselves, clearly insufficiently pro-Israel in their over-all statements and actions since this latest Israeli/Palestinian war began. Of course, there have been conflicts at many, many other U.S. colleges and university arising from the war, often resulting in the outlawing on campus of campus groups like Students for Justice in Palestine and Jewish Voice for Peace.
Put simply, despite the fact that a very significant pro-Palestine bias may exist among students on our nation’s campuses of higher learning, these students’ grownups know what’s best…and that means unwavering support for Israel and the supportive role played by the U.S. in that war. And it means trying to silence criticism of Israel and bold support for Palestine. Shout our certain slogans, such as “from the river to the sea, Palestine will be free”, or “down with Zionism, down with Israeli apartheid”, or “Israel, Israel you can’t hide, we charge you with genocide”, and the censors won’t be long in attacking you, or simply silencing you.
Aside for my grief and anger over what is happening to the Palestinian people in this war, there are a couple of other aspects of all of this that have me particularly disturbed, have me angry and greatly worried. One is the simplistic, quick to condemn, efforts to shut down the actions and slogans of the pro-Palestinian demonstrators. The other is how reminiscent this is of how the ruling elite in this country went after the leadership, and rank-and-filers, in the anti-Vietnam war movement of the 60’s and early 70’s. Then, the charges were that the slogans and the demonstrations were “anti-American” and, in fact, down right “communistic.” I, along with a handful of other anti-Vietnam War leaders, was then called before the new House Un-American Activities Committee, to testify about the supposed, and I quote, “Soviet money and leadership that was supporting U.S. antiwar groups and coalitions.”
Are today’s pro-Palestinian leaders now to be called to account and asked by the authorities, “are you now or have you ever been, an anti-Zionist”? “Are you getting money from the Islamists?” Yes, the growing danger to free speech in our country, and the right to defend those who the government may disfavor, or claim to be the enemies of our people, is to be greatly feared. It often grows slowly, at first, like some cancerous viruses, but once it gathers strength…well, remember our history.
Guest – Stephen Rohde is a noted constitutional scholar, retired civil rights lawyer and activist. He is the past Chair of the ACLU Foundation of Southern California; the founder and current chair of Interfaith communities United for Justice and Peace; the author of Freedom of Assembly and American Words of Freedom. Steve Rohde is also a regular contributor to the Los Angeles Times Review of Books, TruthDig, and a leader in the national campaign to free imprisoned investigative reporter, Julian Assange.
Hosted by attorneys Michael Smith, Maria Hall and Jim Lafferty
———————————————-
Sealed Search Warrant After Raiding Journalist’s Home Leaves News Gatherers Timid
At 6 a.m. on May 8, seven FBI agents with guns drawn raided the home newsroom of Florida journalist Tim Burke. For nearly 10 hours, they seized computers, phones, video equipment and other devices. The raid came on the heels of Burke’s obtaining outtakes of Tucker Carlson’s interview with Ye (formerly known as Kanye West). In those outtakes, Ye made antisemitic and other offensive remarks. The FBI investigation involves alleged violations of the Computer Fraud and Abuse Act, or CFAA.
It is not clear why prosecutors believe Burke, who runs the media company Burke Communications, broke the law. That’s because the government successfully fought to keep the affidavit supporting the search warrant sealed from public view. As listeners may recall, the CFAA is the federal law that prohibits unauthorized access to a computer. Burke has said he got the outtakes from websites where Fox News uploaded unencrypted live streams to URLs that anyone could access, using publicly accessible login credentials.
In response to the raid, more than 50 organizations sent a letter to the Department of Justice in October demanding transparency about the government’s basis for believing that Burke’s newsgathering broke the law. Florida’s First Amendment Foundation and the ACLU took the lead on the letter, with the Committee to Protect Journalists, Reporters Without Borders, PEN America, the Electronic Frontier Foundation and the Society of Professional Journalists, among others, also signing on.
Guest – Seth Stern, Advocacy Director at the Freedom of the Press Foundation (FPF). Prior to joining FPF, Seth practiced media and First Amendment law in Chicago for more than a decade. Before that, he worked as a reporter and editor in the Chicago and Atlanta areas.
—-
The SuperMajority : How the Supreme Court Divided America,
In late June 2022, a package of Supreme Court decisions drastically altered the nation’s legal landscape and divided the nation. It took just three days to roll back some of the most consequential gains for civil rights, voting, the separation of church and state, a woman’s right to choose, and more.
In his new book The SuperMajority : How the Supreme Court Divided America, Michael Waldman offers an in-depth analysis of the 2022 key rulings and the radical ways in which they were crafted. He provides historical context for how the Supreme Court has amassed power far beyond what the Framers intended, and how the current supermajority ascended to the high court. Waldman also points to previous Courts (on both the right and the left) that overreached and describes their consequences for the country. Significantly, he writes that the seizure of so much power by a few members of the Court, and their energetic wielding of it, poses a crisis for U.S. democracy.
A backlash against the Court is underway. Rather than seeking a supermajority of their own, Waldman writes that, “Liberals must fall out of love with the Supreme Court.” He recommends reform measures to curb the Court’s power while applying other pressure points – such as in the court of public opinion.
Guest – Michael Waldman is the president and CEO of the Brennan Center for Justice at NYU Law School, a nonpartisan law and policy institute. An expert on the Constitution and the courts, Waldman served on President Joe Biden’s commission on the Supreme Court. He is the author of The Fight to Vote and The Second Amendment: A Biography. Waldman was director of speechwriting during the Clinton administration. Sign up for newsletter – Briefing
Hosted by attorneys Heidi Boghosian and Marjorie Cohn
———————————–
Can President Donald Trump Be President Again?
Last year the U.S. Supreme Court became the most conservative it has been in 90 years, with conservative justices controlling decisions with a comfortable 6-3 majority. We can no longer take any Constitutional “rights” or “liberties” we thought we had for granted. Prior Supreme Court rulings that aimed at ensuring fairness, equal opportunity, reproductive freedom, and a participatory government—including for those who were not born into the favored, elite classes—are now at great risk.
Today, with the help of Stephen Rohde, our favorite constitutional scholar as our guest, we examine two very important constitutional issues: first, the question of: “How safe is freedom of the press in our country today?” We do this by looking at the new challenges being leveled at the landmark 1964 case, New York Times v. Sullivan, a case granting protection to a newspaper when it prints a libelous story about a public official or public figure but does so without actual malice. Is that press protection about to disappear? Then, we change gears a bit and ask our guest about the currently much-discussed question flowing from the fact that former President Donald Trump, now faces criminal charges for seeking to overturn the 2020 presidential election.
The question stemming from this is: “Does Sec. Three of the 14th Amendment to our Constitution stating that any American official who takes an oath to uphold the Constitution is disqualified from holding any future office if they, and I quote, “engaged in insurrection or rebellion” or provided “aid and comfort to our enemies” mean that Trump is now disqualified from becoming president again? The Constitution does not spell out how to enforce this ban, It was applied twice in the late 1800’s, when it was used against former members of the Confederacy. Today, a number of State Attorneys Generals, and others, are contemplating this question and, in a few cases, preparing to take the matter to court, given their belief that Trump should now, because of his actions on and around the January 6th insurrection, be disqualified from holding any future federal office.
Guest – Stephen Rohde recently published a fabulous review of a new book by Samantha Barbas, titled Actual Malice: Civil Rights and Freedom of the Press in New York v. Sullivan. Steve Rohde is a writer, lecturer, and political activist who practiced civil rights, civil liberties, and intellectual property law for almost 50 years. He is past Chair of the ACLU Foundation of Southern California and a co-founder and current chair of Interfaith Communities United for Justice and Peace, while also playing a leadership role in many other organizations. He writes book reviews for the Los Angeles Review of Books, Ms. Magazine, and Truthdig.org. And his articles appear regularly in many online publications.
—-
A Sleeping Giant In American Politics
We are in the midst of a labor upsurge. One with the promise of delivering not only better wages, and working conditions, but the prospects of wider positive social change. There is a new fighting spirit in the land, expressed by this rise in labor militancy.
We can look back five years ago to the beginning of the upsurge in teacher militancy in red states such as West Virginia, Kentucky, Wyoming, and Arizona, where teachers struck, often illegally, to better not only their situation, but that of the communities they lived in. This upsurge has continued.
Recently, we have seen the great success of the Amazon warehouse workers in Staten Island, coming together to form a union and Starbucks workers across the country have also unionized. Meanwhile, the writers and actors in the Hollywood movie and television industry have been on strike for several months. The Democratic party, which get a lot of money from the entertainment industry, has not lifted a finger to help them.
The unemployment rates for actors is 90% and only 2% of them can make a living out of acting.“Euphoria“ star Sydney Sweeney said “They no longer pay actors what they used to and with streamers you no longer get substantial residuals.” Eighty percent of the union makes less than $26,000 a year, not enough to qualify for union health insurance.
The captains of finance and industry run and control the Democratic Party. They made sure that Bernie Sanders did not get the nomination in 2016 and 2020. The leadership of the labor movement most often supports the Democratic party, explaining that they are the lesser of two evils. The late great journalist, Glen Ford called the Democratic Party, “the more effective of two evils“. He would have cited as proof of this the Biden administration’s recent intervention which prevented the powerful railroad workers union from going on strike this summer.
Guest – Al Bradbury is the editor of Labor Notes and an advocate and practitioner of labor militancy. Labor Notes is a media and organizational project since 1978 that has been the voice of union activists who want to put the movement back into the labor movement. Editor, Al Bradbury join the staff of Labor Notes in 2012 after working with hospital workers as a researcher and organizer for the Service Employees local 49 in Oregon.
Hosted by Attorneys Michael Smith, Jim Lafferty and Maria Hall
——————————————
Tompkins Square Park Police Riot 35th Anniversary Special
Thirty five years ago, a singular event occurred in Manhattan’s East Village that would prove transformative to many lives for years to come. Today on Law and Disorder we bring you a special program on the August 1988 Tompkins Square Park Police Riot as recounted by several individuals who were there for the entire event. We share firsthand observations of unbridled police violence, talk about how we came to be there, and discuss how the riot marked the lynchpin to transform an entire neighborhood from a mecca of creativity and political activism, to the new home of TARGET, Starbucks and other hallmarks of American gentrification.
Tompkins Square Park is bounded on the West and East by Avenues A and B, and on the North and South by 10th Street and 7th Streets. It falls in the part of that neighborhood often referred to as Alphabet City, named for its 4 Alphabet numbered avenues, that in the 1960’s and 1970’s were a haven for drug sellers and squatters and a large Puerto Rican community. The park had a history of activism as it was the site of a riot in 1874 on behalf of the city’s labor movement.
In 1988, a homeless encampment was erected in the park, attracting a wide range of activists, squatters, and homeless persons. Several local residents complained and in a controversial move, the local governing body, Community Board 3, on June 28, approved a 1 AM curfew from what had long been a 24-hour open park. The Avenue A Block Association supported the curfew as it represented the few local businesses that existed then. Many residents opposed the curfew, including those who would have to take a longer walk around the park to get home.
The New York City City Parks Department agreed to enforce the curfew, and on July 31, 1998 protesters gathered at a rally there. Police, responding to alleged noise complaints, entered the park. A skirmish ensued, and several civilians and six officers were treated for injuries. Four men were arrested on charges of reckless endangerment and inciting to riot.
Guests – Susan Howard, East Village Community Activist, John McBride, Photographer and Arthur Nersesian, East Village Writer.
- Support Law and Disorder With A Donation.
Written by Attorney Heidi Boghosian and produced by Geoff Brady.
———————————————-
A Few Things Oppenheimer Leaves Out
The atomic bomb was developed by physicist, J, Robert Oppenheimer and his team in Los Alamos, New Mexico. It was dropped unnecessarily on the two Japanese cities of Hiroshima and Nagasaki on August 6 and August 8, 1945. It was a war crime.
The summer blockbuster bio-pic “Oppenheimer“ does not tell this truth to the tens of thousands of people who have gone to see the movie. Historians have established that it was not necessary to stop the war because the Japanese were ready to surrender. Therefore the justification that it saved American lives because troops would not have to fight on the Japanese mainland is false. These two premises, that’s the bomb was necessary, and that it save lives is a lie obscured then, and carried forward until today.
The Cold War against Russia started on August 6 and August 8, 1945 when the US dropped two nuclear weapons on two Japanese cities to scare the Russians. The movie does not show the effects of the nuclear bomb. Between 200 and 300,000 old people, children and women were instantly incinerated. Hundreds of thousands got sick and died from radiation poisoning.
Oppenheimer was a great physicist and a humanist. Although, not a member, he sympathized with the U.S. Communist Party because of their anti-fascism, anti-racism, and union building.
He had second thoughts about what he did in developing the bomb and told President Truman in a meeting at the White House that he felt like he had blood on his hands and that in the future, nuclear weapons should be placed under international controls. Truman threw him out of his office, calling him a crybaby. Because of his association with the Communist Party, Oppenheimer was red baited, denied a security clearance, and ruined. He died age 62, a broken man.
The danger of red baiting in our country now is quite high. Trump is running on a platform, calling for American born socialists to be deported. The US Congress, with the support of many Democrats, overwhelmingly voted for a resolution denouncing what is it called “ the horrors of Socialism.“ Andrew’s Substack article
Guest – Andrew Cockburn, Washington DC-based journalist and author of Spoils of War: Power, Profit, and the American War Machine. Verso Books 2021. Washington Editor at Harper’s Magazine
Support Law and Disorder
—-
Peace Movement Attacks And A Renewed War With Korea?
Many political commentators believe the driving force behind growing U.S. actions and hostility towards China are being carried out in preparation for war with China; war with China if China cannot otherwise be contained as it more and more challenges the might and global reach of the United States. Indeed, China already now has the second largest economy in the world and is on track to soon surpass that of the United States. A McCarthyite redbaiting hit piece on the front page of the New York Times on August 6th, against the peace group CODEPINK, and others who are organizing against the growing demonization of China, is a particularly troubling sign. So, we will ask our guest: is a war with China inevitable? Does not the fact that China, as well as the U.S., are nuclear weaponized nations make such a war unthinkable?
We will also ask our guest Ann Wright about Korea. Korea, with its claimed right to possess nuclear weapons, has also been the target of administrations from both parties. The Korean War ended in 1953. And yet thousands of U.S. troops are still stationed in South Korea and, of course, there is still no peace treaty, no true formal ending of the war, and so the country still remains divided. And those who advocate for peace in Korea are also sharply criticized and redbaited by the U.S. government, and in the press.
Is a renewed war with Korea also a possibility? Our guest, as I said is none other than Col. Ann Wright, now retired. Col. Wright is also a retired U.S. State Department official, known for her outspoken opposition to the U.S. war in Iraq. Ann Wright received the State Department Award for Heroism, in 1997, for helping to evacuate thousands of people during the war in Sierra Leone.
Guest – Ann Wright is a 29-year US Army/Army Reserves veteran, a retired United States Army colonel and retired U.S. State Department official, known for her outspoken opposition to the Iraq War. She received the State Department Award for Heroism in 1997, after helping to evacuate several thousand people during the civil war in Sierra Leone. She is most noted for having been one of three State Department officials to publicly resign in direct protest of the 2003 Invasion of Iraq. Wright was also a passenger on the Challenger 1, which along with the Mavi Marmara, was part of the Gaza flotilla. She served in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Sierra Leone, Micronesia and Mongolia. In December, 2001 she was on the small team that reopened the US Embassy in Kabul, Afghanistan. She is the co-author of the book “Dissent: Voices of Conscience.” She has written frequently on rape in the military. VoicesofConscience
Hosted by attorneys Michael Smith, Jim Lafferty and Maria Hall
——————————————–
Judge Rejects CACI’s Attempt To Dismiss Torture Case
In April 2003, the George W. Bush administration led an illegal invasion of Iraq based on lies about weapons of mass destruction. That war resulted in the deaths of hundreds of thousands of Iraqis. After the invasion, there was a mass roundup of Iraqis – primarily men and boys – with no plan or proper basis for detention. The United States then turned to contractors (mercenaries) to assist with interrogations and provide interpretation services, many of whom lacked proper training. Indeed, the U.S. wars in Iraq and Afghanistan were the most outsourced in U.S. history. It was against this backdrop that the horrors we all saw in the photos of Abu Ghraib happened.
In Iraq, unlike Guantanamo (and the CIA “blacksites”), there was never any question that the Geneva Conventions applied – and torture was illegal. CACI, a U.S. corporation, contracted with the United States military to provide interrogation services to the U.S. Army at Iraq’s notorious Abu Ghraib prison.
In 2008, Iraqi civilians Suhal Al Shimari, Salah Al-Ejaili, and Asa’ad Al-Zubae filed a lawsuit against CACI under the Alien Tort Statute seeking damages for the torture and abuse they suffered while detained at Abu Ghraib. The three plaintiffs allege that CACI employees conspired with and aided and abetted U.S. military personnel in subjecting them to torture; cruel, inhuman or degrading treatment; and war crimes, in violation of international law. A U.S. Army General called their treatment “sadistic, blatant, and wanton.”
On July 31, U.S. District Judge Leonie Brinkema in the Eastern District of Virginia rejected CACI’s attempts to have the case dismissed.
Guest – Katherine Gallagher is a senior staff attorney at the Center for Constitutional Rights, where she specializes in the enforcement of human rights, including the prohibition against torture. She is one of the attorneys who filed the lawsuit against CACI.
—-
Three of Newburgh Four Released
On July 25, a judge ordered the compassionate release of three of the so-called “Newburgh Four” — Onta Williams, David Williams, and Laguerre Payen. The men, who are Black Muslims from Newburgh, New York, were convicted and sentenced to 25 years in prison on terrorism charges in 2011.
In the July release order, US District Court Judge Colleen McMahon suggested that the FBI had “invented” a conspiracy. She said that FBI agents had used an “unscrupulous operative” to persuade the four to join in a plan to bomb a synagogue in the Bronx and fire Stinger missiles at military planes at Stewart Airport near Newburgh, New York. While bombs were, in fact, left outside a synagogue in the Riverdale section of the Bronx, they were fakes built by the FBI.
Guest – Kathy Manley, New York appellate attorney joins us to talk about this late-in-coming victory. Among her many victories was the 2015 case of People v. Diack, which struck down county and local sex offender residence restrictions throughout New York State. Kathy works with several civil rights groups, including the Coalition Of Civil Freedoms.
Hosted by Attorneys Heidi Boghosian and Marjorie Cohn
——————————–
The Coming War On China
Today we re-broadcast a recent interview we did with the great Australian journalist John Pilger about his film titled The Coming War On China. With the exception of a short break at the conclusion in 1975 of the Vietnamese war, the United States has been at war continually. The momentum of what President Eisenhower warned us against and described as being led by, “the military industrial complex” has been going on with successive wars against Afghanistan, Iraq, Libya and now the American proxy war in Ukraine. The military industrial complex has been augmented by support from the CIA, Congress, and the corporate media.
As Pilger demonstrates, the United States, is building up for a war against China. This build up is both military and ideological and shaped by hostile propaganda. In this respect, an alarming full page New York Times article, 11 weeks in the making, and written by seven reporters, appeared on August 5, 2023. The article targeted the American peace organization CODEPINK as well as one of its financial backers. It is a hit piece that has alarmed many of us in the movement. John Pilger gives us the background to it.
Guest – John Pilger covered that war as a young reporter and understood that it was based on the lie that Lyndon Johnson told falsely stating that the North Vietnamese had attacked an American ship in the Gulf of Tonkin. Another 1 million people died in the Iraq war That war was based on the now well known lie that Saddam Hussein had weapons of mass destruction that he was going to use against us and that he was responsible for 911. A similar campaign of fear mongering is going on now about China. The major news media parrot the government’s fact free line that China is our enemy. In his article “The Coming War With China” John Pilger wrote “a US war against China beckons and we have a responsibility to speak out. We know what is coming. Silence must be broken.”
—-
Greenwashing Climate Change
As the US presidential election season heats up, so too does the planet. July 2023 was the Earth’s hottest month on record, and as climate scientist Friederike Otto told the Associated Press, “We should not care about July because it’s a record, but because it won’t be a record for long. It’s an indicator of how much we have changed the climate. We are living in a very different world, one that our societies are not adapted to live in very well.”
Indeed, millions of people are suffering at this very moment because of extreme weather, including unrelenting, deadly heat. One might expect that during election season, presidential candidates would be champing at the bit to promote their fabulous plans to save human life on earth, or at least slow its demise, right? I mean, who else has so much influence over changing the course of history than the President of the United States? Well, on the GOP side, the presidential hopefuls have mostly ignored the climate crisis, and some even dismiss it outright as a left-wing hoax.
On the Democrats’ side, we have Joe Biden. Now Biden does not shy away from admitting we have a problem. He appeared for an exclusive interview on the Weather Channel last week, calling climate change the number one issue facing humanity, and that combating climate change is a “core tenet of his presidency.”
Well, it might be a core tenet – a core principle and belief – but has that translated into action? When push comes to shove, in the office of President – and before that in the office of Vice President – has Joe Biden done everything he can to save humanity? Or is he just stating the obvious, because it’s what he thinks that’s what voters want to hear, but is he in any rush to make changes that might alienate big oil and other corporate interests? And what about when he was Vice President, during the Obama administration, which set the stage for the Biden presidency? Do we even remember anymore?
Guest – Andrew Perez, not only remembers, but he has tracked and documented the forks in the road where the Obama Administration could have, but chose not to, take actions that could have slowed the warming of our planet. Andrew Perez is an investigative reporter and senior editor for The Lever, which was just awarded the 2023 Izzy Award for outstanding achievement by Park Center for Independent Media at Ithaca College for its relentless work “exposing the corrupting influence of corporate power on government and both major parties.” The Center specifically highlighted Andrew’s work for exposing the largest known political donation in U.S. history — Chicago businessman Barre Seid’s $1.6 billion dark money transfer to conservative operative Leonard Leo who served as Donald Trump’s judicial advisor. Andrew relentlessly pursues hypocrisy and corruption among all of the powers-that-be, wherever they fall on the political spectrum: left-right-or-center.
Hosted by attorneys Michael Smith and Maria Hall
—————————–
– A Message From The Law and Disorder Hosts
Julian Assange and Press Freedom
Facing the possibility of Wikileaks publisher Julian Assange’s imminent extradition to the United States, Reporters Without Borders recently launched a week of advocacy meetings and a mobile truck through the streets of Washington DC to urgently call for his release.
The actions were organized after UK High Court Judge Jonathan Swift in June rejected Assange’s appeal against the UK’s order of extradition to the United States. Assange, who is being targeted for revealing evidence of U.S. war crimes, is the first publisher prosecuted under the Espionage Act for disclosing government secrets. He faces a maximum sentence of 175 years in prison.
Rebecca Vincent, Director of Campaigns for Reporters Without Borders said: “US policymakers still have the power and the opportunity to make a difference in this case and take a stand for the protection of journalism and press freedom. Our call on the Biden administration is more urgent than ever before: drop the charges, close this case, and free Assange!”
Reporters Without Borders is the only non-governmental organization to have monitored Assange’s entire extradition proceedings despite extensive barriers to observation. In April 2023, its Secretary-General Christophe Deloire and Rebecca Vincent were arbitrarily barred from visiting Assange in Belmarsh prison where he’s been held for more than four years. Reporters Without Borders continues to seek access to the prison and campaign globally for Assange’s release.
Guest – Clayton Weimers, executive director of the US office of Reporters Without Borders. Clayton was previously the organization’s Washington-Based Deputy Director for Advocacy.
—-
Agent Orange Day: 63rd Anniversary
Although the Vietnam War ended in 1975, Vietnamese people today continue to suffer the debilitating effects of Agent Orange. That’s the deadly dioxin-containing chemical weapon that the U.S. military sprayed over 12 percent of South Vietnam from 1961-1971. Agent Orange poisoned both the people and the land of Vietnam. On August 10, “Agent Orange Day,” we mark the 63rd anniversary of the first spraying of the toxic chemical on Vietnam.
Descendants of the roughly 2 to 4 million Vietnamese people, hundreds of thousands of U.S. Vietnam veterans, and Vietnamese-Americans exposed to Agent Orange and other toxins still suffer. They register disproportionate rates of congenital disabilities and higher rates of several diseases. U.S. veterans receive some limited compensation from the U.S. government, but very little if any assistance has been given to the Vietnamese people, the intended victims targets of the defoliant Agent Orange.
The Victims of Agent Orange Relief Act of 2023 will be introduced in the House of Representatives by Rep. Barbara Lee (D-California). If passed, the bill would increase benefits to children of veterans exposed to Agent Orange. It would also expand research about Agent Orange and its effects on the health of exposed individuals; and provide medical, housing and poverty reduction aid to Vietnamese people, and their children, affected by exposure. And it would help to clean up the many remaining dioxin “hot spots” in Vietnam.
Guest – Paul Cox served in the U.S. Marines during the Vietnam War. He now serves on the board of the Vietnam Agent Orange Relief and Responsibility Campaign, a project of Veterans for Peace (on whose board Paul also sits). We are fortunate to have Paul with us today to discuss the horrific legacy of what the Vietnamese people call “The American War” and the campaign to provide compensation for the victims of Agent Orange. HR3518 Victims Of Agent Orange Relief Act 2021 / VN-agentorange.org
Hosted by attorneys Heidi Boghosian, Marjorie Cohn, and Julie Hurwitz
———————————-
Lawyers You’ll Like – Attorney Mel Wulf
Mel Wulf died at age 95 on July 1, 2023. He was one of the great constitutional litigators of his time. He served as Legal Director of the American Civil Liberties Union for 15 years. Today we bring you a re-broadcast of an interview that attorney Michael Ratner, and I, Michael Smith, did with Mel 10 years ago for a segment we called Lawyers You’ll Like. It is a scintillating fast paced discussion with a relevance to our situation now
We’re joined today by Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years. As part of our Lawyers You’ll Like series, we talk with Wulf about his work with the ACLU during the early 60s, and also about the forming of the Lawyers Constitutional Defense Committee.
Attorney Mel Wulf:
- Phil Agee was a dissident CIA agent who spent decades working against the CIA, published a couple of books.
- He lost his passport because when the dissidents took over the embassy in Tehran in 1979, the New York Post carried a story accusing Phil of helping the students who’d invaded the embassy to put together all of that written material that had been shredded.
- It was another New York Post bald faced lie.
- The State Department, based upon that story revoked his passport.
- I had represented Phil Agee, I was his principle lawyer for 30 years.
- Agee was very widely disliked in Washington because he was well known to be a CIA dissident who disclosed the names of many CIA agents.
- If Snowden went the same route today, he would do even worse in this Supreme Court than I did. That’s why Snowden won’t get his passport, thanks to me.
- I was for the workers and not for the bosses and I’ve always been for the workers and not for the bosses, which I think is the distinguishing political factor in our world. Which side are you on?
- I got my Bachelors Degree in ’52 and I had a Navy Commission which I had gotten from the New York State Maritime Academy earlier on.
- The draft board sent me a 1A notice, I applied to Columbia and when I finished Columbia they sent me another 1A notice because the draft was still on. I spent 2 years in the Navy as a Liuetenant Junior Grade Officer in Southern California.
- I went to work at the ACLU in 1958 as the assistant legal director, in 1962 I was given the job of the legal director of the ACLU.
- I had actually been going down to Mississippi from 1961 to 1962, working with then one of the two black lawyers who were practicing in Mississippi.
- We tried a couple of capitol cases in Mississippi. I continued to argue the systematic exclusion of blacks from the jury.
- I finally got a case up to the Supreme Court on that issue.
- Lawyers Constitutional Defense Committee: We had several hundred lawyers who went down to Mississippi for periods of a week or two. They were representing people being arrested during the Mississippi summer.
- Most of the judges allowed these lawyers to make some sort of presentation.
Guest – Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years.
—-
Lawyers You’ll Like: Attorney Bill Schaap
Attorney Bill Schaap, who died in 2016, was a friend and colleague of Mel Wulf’s. Bill and his wife, Ellen Ray published the historic whistleblowing magazine “Covert Action Quarterly“ that exposed to CIA. Then they started Sheridan Square Press. They published a number of memoirs of former CIA agents who revealed the truth about the activities of the CIA. Ex-CIA agent Phil Agee was one of Sheridan Square Press authors. He wrote Inside The Company which exposed the names of some 200 CIA agents involved in nefarious activities in South America. Mel Wulf represented Agee for 30 years and unsuccessfully tried to get his passport back when the government had it taken away.
Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.
Attorney William Schaap:
- One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
- It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
- I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
- She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
- I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
- When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
- Once you learn that, you learn about the CIA.
- That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
- The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
- We were so successful that Congress passed a law against us.
- Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
- They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
- We thought if we identified these people, it might make their job a little bit harder, which it did.
- Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
- He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
- He was not the person discovering who the under cover people were, Lou Wolf was doing that.
- Phil wrote articles for us in every issue and we worked very closely with him.
- Once you start exposing these things, they really don’t have any defense.
- They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
- We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
- They would plant bugs in our attic in Okinawa, things like that.
- The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
- Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
- We were just tired of people thinking that if it was in the New York Times it must be true.
- The fact is that those people lie all the time.
- I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.
Guest – Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.
In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of media and intelligence.
Hosted by attorneys Michael Ratner, Michael Smith and Heidi Boghosian
————————————–
The Desert and the Sea: 977 Days Captive on the Somali Pirate Coast
In 2012, journalist Michael Scott Moore went to Somalia to research a book on piracy. He was abducted by a gang of Somali pirates, who demanded $20 million from the US government. After protracted negotiations, and a payment of $1.6 million dollars, Moore was released—two and a half years later. His international bestseller, The Desert and the Sea, chronicles his 977 days in captivity.
More than a decade later, this past February, two men were convicted in federal court for helping to carry out his kidnapping.
On April 1, Michael sailed with a German rescue ship The Humanity I to write about migration across the central Mediterranean. In a recent piece published in Foreign Policy, Michael makes the connection between human trafficking and migration/asylum-seeking and pirating.
Guest – Michael Scott Moore, in addition to The Desert and the Sea, he has written the highly acclaimed book, Sweetness and Blood, about the history of surfing. He serves on the board of Hostage US, an organization that supports American hostages and their families.
—
Nobody’s Victim: Fighting Psychos, Stalkers, Pervs and Trolls.
In January 2019 New York State passed a bill to outlaw “revenge porn,” joining 41 other states that have passed similar laws. Revenge Porn is the term for the non-consensual sharing on the Internet of sexually explicit photographs or videos. Victims say it can be as damaging as any other form of abuse, but without the legal protections.
Private images can follow victims for years, turning up when employers or romantic partners search for their names on the Internet.
But in New York, victims have experienced years of helplessness in the courts. Prosecutors could not charge offenders for a practice that was not illegal, and judges turned down appeals for help on the grounds of free speech, even while other states were enacting protections. Under New York’s new law, offenders can be punished by up to one year in jail.
The law also allows victims to sue the person who shared the revenge porn, which about a dozen other states also allow. And it would be the first in the nation to allow judges to order websites or social media platforms — in addition to the original poster — to take down the photos or videos.
Most have heard about high-profile instances of sexual images as blackmail or revenge have involving the rich and famous, such as singer Rihanna and actor Jennifer Lawrence. But it affects millions of people, from middle school students to Marines. As many as 10 million Americans have been victims of revenge porn.
Guest – New York Attorney Carrie Goldberg started a law firm to focus on defending victims of the practices. She has just come out with her first book titled Nobody’s Victim: Fighting Psychos, Stalkers, Pervs and Trolls.
—————————-
War Made Invisible: How America Hides the Human Toll of its Military Machine
From Afghanistan to Iraq and Syria and on to little known deployments in a range of countries worldwide, the United States has been at perpetual war for at least the past two decades. Yet many of these foreign wars remain off the radar of average Americans.
We speak today with author and political analyst Norman Solomon about his new book War Made Invisible: How America Hides the Human Toll of its Military Machine.
Solomon writes that since the attacks on 9/11, more than 20 years ago, first in the war in Afghanistan, and then Iraq, a hugely consequential shift in (United States) American foreign-policy was set in motion: a perpetual state of war that is almost entirely invisible to the public. Solomon exposes how this happened and what the consequences are, for military and civilian casualties, and the draining of resources at home.
Compliant journalist add to the smokescreen by providing narrow coverage of military engagements, and by repeating the military’s talking points. Meanwhile, the increased use of high technology, air power, and remote drones has put distance between soldiers and the civilians killed in action. Back home, Solomon shows, the cloak of invisibility masks massive Pentagon budgets and receive bi-partisan support even as housing, medical care, education, and infrastructure goes abegging.
Guest – Norman Solomon is cofounder of RootsAction.org executive director of the Institute for Public Accuracy. He’s written many books, but “ War Made Invisible“, is his first one in 15 years. Solomon founded the Institute for Public Accuracy in 1997 and is its executive director. Immersed in anti-war, social justice and environmental movements since the late 1960s, he is the author of a dozen books including “War Made Easy” and “Made Love, Got War.”
—-
Israel Attacks West Bank City of Jenin
On fourth of July, as we in the US heard fireworks, people in the Palestinian city of Jenin heard real gunfire and fled from real explosions. On July 3, a thousand Israeli Defense Force soldiers descended on the city, with helicopters, drones and bulldozers, to execute a two day bombardment that leveled the city, reduced its buildings to rubble, damaged hospitals, knocked out utilities, and left at least 13 people dead: 12 Palestinians and 1 Israeli soldier. At least 100 were wounded, and now thousands – about 80% of those living in the camp – are without shelter, water or electricity.
UN Secretary General Antonio Guterres immediately condemned Israel for using excessive force and harming civilians. He’s refused to retract his statement even under enormous pressure from Israel’s UN Ambassador, who called Mr. Guterres’ criticism, “shameful, far-fetched and completely detached from reality.”
A handful of Arab countries and a European Union envoy have also criticized Israel. But others… like the US? Well…. its silence speaks volumes.
Guest – Sandra Tamari is a Palestinian organizer and the Executive Director of Adalah Justice Project, a Palestinian advocacy organization that builds toward collective liberation through labor, cultural, and legislative campaigns. She holds a Master’s degree in Arab Studies from Georgetown University. In May 2012, she was jailed and denied entry into Palestine by Israel because of her work to encourage U.S. churches to divest from the occupation.
Hosted by attorneys Michael Smith and Maria Hall
———————-
How Affirmative Action Programs In Colleges and Universities Were Overturned
On June 28, the Supreme Court made front page headlines for gutting race-based affirmative action in colleges and universities. The decision rejected race-conscious admissions at Harvard College and the University of North Carolina. The Court’s conservative supermajority ruled in favor of Students for Fair Admissions, a nonprofit founded in 2014, that sued Harvard and the University of North Carolina over their admissions programs. The group, headed by right-wing activist Edward Blum, alleged that the programs violated Title VI of the Civil Rights Act of 1964 by discriminating against Asian American applicants in favor of white applicants.
Paving the way for overturning 40-years of legal precedent was one group that we’ve covered for years on Law and Disorder: The Federalist Society for Law and Public Policy Studies. This conservative, libertarian organization advocates for a textualist and originalist interpretation of the U.S. Constitution. Over several decades, until recently working under the radar, the Federalist Society has dramatically altered the legal landscape in this country.
Guest – civil rights attorney Michael Avery, co-author with Danielle McLaughlin of the 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, and a recent article in Truthout co-authored with Prof. Mark Brodin on the Federalist Society’s attacks on affirmative action. Professor Emeritus at Suffolk University Law School, Michael was president of the National Lawyers Guild and served as president of the board of the National Police Accountability Project.
—-
Here’s What “Moore v. Harper” Means for Voting Rights Going Forward
On June 27, the U.S. Supreme Court decided a case that protected voting rights from an obscure theory that could have eliminated the right of state courts to review new voting provisions enacted by state legislatures.
In Moore v. Harper, a 6-member majority of the high court rejected the “independent state legislature” doctrine. Conservative legislators in North Carolina had sought to maintain an extreme gerrymandered congressional map they had drawn that favored Republicans.
Although Chief Justice John Roberts has a track record of decisions that weakened the right to vote, he wrote the Court’s opinion in Moore, as well as in Allen v. Milligan on June 8, both of which strengthen voting rights.
Guest – Marjorie Cohn wrote the article titled, Here’s What “Moore v. Harper” Means for Voting Rights Going Forward, that was published by Truthout. Marjorie is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the Bureau of the International Association of Democratic Lawyers. She is also on the advisory boards of Veterans for Peace, Assange Defense, and the American Association of Jurists. She writes frequent articles and provides commentary about legal and political issues. Marjorie’s most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.
Hosted by attorneys Heidi Boghosian and Marjorie Cohn
———————————–
Indictments Unsealed Against Julian Assange
Press freedom is under constant attack both in the US and across the world. One of the highest profile battles on this front has been the one waged against award-winning Australian journalist, publisher, and founder of the nonprofit media organization, Wikileaks: Julian Assange.
In 2010, in partnership with five newspapers, Wikileaks published a series of documents and other media provided by US Army intelligence analyst Chelsea Manning, including classified documents evidencing war crimes committed by US forces during its war in Iraq. The US has since unsealed indictments against Assange, charging him with a number of crimes that we’ll be discussing today.
Contact: Vinnie De Stefano National Organizing Director Assange Defense 580 N. Sierra Madre Blvd. Pasadena, CA. 91107 vinnie@assangedefense.org Currently, Assange is languishing in a maximum-security prison in London, struggling to maintain his physical health, his sanity, and his connections with loved ones. And in the meantime, an international movement of human rights and press freedom advocates are desperately fighting for his freedom, and against his potential extradition to the United States.
Guest – Stephen Rohde is a constitutional law scholar, author and past Chair of the ACLU of Southern California. He’s also founder and Chair of Interfaith Communities United for Justice and Peace and a regular contributor to the Los Angeles Review of Books, TruthDig and LA Progressive.
—-
Weaponizing Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn
Asa Winstanley has written an important book titled Weaponizing Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn. His book has a lessons for those working for social justice in the United States.
Corbyn and the socialists in the Labor party in England were crushed by the mounting of a massive campaign cynically labeling Corbyn as an antisemite. It was a preposterous charge that stuck. The neo- liberal Labor party changed after the influx of several hundred thousand young people and elected long time socialist activist, Jeremy Corbyn as its leader in 2015.
Despite the huge campaign against him, led by the Israeli lobby, Corbyn was almost elected as the Prime Minister in 2017. Had he won, the history, not only of England, but of the world would’ve been different. Over the years Corbyn became popular especially among hundreds of thousands of young people who had recently joined the labor party.
He got his start in the trade union movement. He spoke out against racism and fascism and for immigrant rights. He opposed privatization cuts, and austerity. He campaigned against wars and military occupations. Asa Winstanley writes that “probably more than anything else, Corbyn was known among activists for his involvement in the Palestine, solidarity movement.“
The possibility of Corbyn being elected terrified the right and its allies. The Israeli lobby’s campaign against Corbyn got help from British intelligence, the entire British media, the right wing of the Labor party and even the CIA.
The most powerful, well-healed part of the American pro-Israeli Lobby is AIPAC, The American Israeli Public Affairs Committee. “Justice Democrats” wrote that it is a sinister right wing group. They supported Donald Trump, endorsed 106 insurrection Republicans, and spent millions to defeat progressives targeting and trying to intimidate black and brown women candidates across the country, threatening to spend against them if they even slightly criticize Israel’s far right apartheid policies.“ They conflate criticism of the Israeli apartheid state of with antisemitism.
Guest – Asa Winstanley is an investigative journalist and author who writes primarily about Palestine and the Israeli lobby. He lives in London. He is an associate editor with “The Electronic Intifada”, the worlds’ leading Palestinian news site in the English language. Asa Winstanley is cohost of The Electronic Intifada.
——————————
Peace Plan? Biden Administration Continues Full Support In Escalating Ukraine War
Sixteen months ago, Russia launched an illegal invasion of Ukraine, albeit in the context of a history of threats to its security by NATO countries. It is estimated that as of February, Russia has suffered 189,500 to 223,000 casualties and Ukraine has suffered 124,500 to 131,000 casualties.
Meanwhile, the United States and its allies continue to provide Ukraine with all the weapons it requests and impose increasingly harsh sanctions on Russia. But there appears to be little appetite in the U.S. for a ceasefire and negotiations to end the bloodshed.
Guest – Phyllis Bennis is a fellow of the Institute for Policy Studies, where she is the director of the New Internationalism Project and works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.
—-
Peace In Ukraine: Peace Groups Convene In Vienna Austria To End Ukraine War
For the first time since the Russian invasion of Ukraine, peace groups from around the world convened — on June 10 and 11 in Vienna, Austria. Their mission was to discuss creative solutions and to promote negotiations to the Russia-Ukraine war. Groups included the International Peace Bureau, CODEPINK, Europe for Peace, International Fellowship of Reconciliation, Peace in Ukraine Coalition, Campaign for Peace Disarmament and Common Security, and several Austrian peace groups. Conference attendees grappled with controversial issues related to Russia’s aggressive invasion of Ukraine.
Representatives discussed the devastating consequences of this war on their countries. The conference concluded with an urgent global appeal, the “Vienna Declaration for Peace,” calling on all sides to work toward a ceasefire and negotiations. Retired U.S. Army Colonel Ann Wright noted, “For those of us in the U.S., it is important to remind our elected leaders that we want peace in our world, not war, and for them to get moving on peace talks.” The former U.S. diplomat added, “The U.S. is a belligerent in this war, just like Russia and Ukraine, and our taxes are funding the deaths of Ukrainians and Russians.”
Guest – Medea Benjamin, co-founder of the international antiwar organization CODEPINK. She is the author of several books, including, with Nicholas J.S. Davies, War in Ukraine: Making Sense of a Senseless Conflict. She has been an advocate for social justice for more than 40 years. Described as “one of America’s most committed — and most effective — fighters for human rights” by New York Newsday, and “one of the high profile leaders of the peace movement” by the Los Angeles Times, she was one of 1,000 exemplary women from 140 countries nominated to receive the Nobel Peace Prize on behalf of the millions of women who do the essential work of peace worldwide.
————————-
Remembering South Dakota Senator Jim Abourezk
South Dakota senator Jim Abourezk was an important figure in American politics. He died four months ago at age 92. Abourzeck was the son of immigrants from Lebanon. He grew up on the Rosebud Sioux Indian reservation. Politically he was part of the radicalization of the 60s. He served one term in the US House of Representatives and another in the United States Senate. Elected in 1973, Abourezk fought for policies that are crucially relevant today. He was against American imperial power and opposed the war in Vietnam. He tried to rein in the murderous CIA. He attempted to break up the powerful of big oil companies. He fought for Native American rights, normalization of American relations with Cuba, a government the USA has been trying to overthrow since the Cuban revolution of 1959.
After six years, despite extreme pressure from those who supported him, he left the Senate. disgusted by the power wielded by the monied influence of big business. Jim Abourezk went back to South Dakota and back to the his law practice. Jim Abourezk founded the Arab-American anti-discrimination committee because of the oppression Arabs faced both of United States and abroad, particularly in Palestine.
Guest – Charlie Abourezk, from Rapid City, South Dakota and is a trial attorney, longtime activist and community organizer in the native American community in South Dakota. He is also a documentary film maker, his most recent is the feature length documentary “A Tattoo On My Heart: The Warriors of Wounded Knee 1973” which played on public television stations around the United States. He is the current Chief Justice of the Rosebud Sioux Tribe’s Supreme Court and a member of the South Dakota Advisory Committee to the US Commission on Civil Rights. His client base is made up largely of Native Americans, tribal schools and Indian tribal governments, but he also represents plaintiffs in civil rights litigation.
Guest – Alya James – Architectural Designer living in New York City.
—-
Former San Francisco DA Chesa Boudin Teaching At Berkeley Criminal Law and Justice Center
We turn to the subject of the criminal justice system – or, as a growing number of advocates refer to it, the criminal legal system. One reason for the name change is because it’s clear that our system of policing, prosecuting, judging, and sentencing rarely brings about justice. After all, our system was born nearly 250 years ago, at a time when slavery was legal and only white men with property could participate in public life, including voting. Non-white people were thought of as less than human, and women were afforded little if any autonomy apart from the men in their lives.
Since then, we’ve tried to correct course with laws and constitutional amendments that aim to protect everyone equally from the abuse of government power. But real-world statistics show that still – in 2023 – the criminal legal system does not treat all defendants equally, and not all defendants are presumed innocent until proven guilty. Black men, for example, are arrested more, charged more, and given higher sentences than others in similar circumstances.
Guest – Chesa Boudin, founding executive director of Berkeley Law’s new Criminal Law & Justice Center is embarking on a new journey to study, brainstorm, experiment and transform for the better how the criminal legal system operates. He is uniquely suited for this new role, since he’s had experience not only in the public defender’s office representing criminal defendants, but also as the former District Attorney of San Francisco. And he’s unique in the legal profession for another reason: when he was just 14 months of age, he was separated from his parents, radical activists David Gilbert and Kathy Boudin. They were serving very long prison sentences for their part in an armored truck robbery which went astray and where three people killed. He saw firsthand the harmful impact of incarceration on those inside, as well as their families, communities, and society as a whole. These experiences informed his studies as a Rhodes scholar and as a student at Yale, his work as a lawyer, and most importantly, as a devoted husband, father and son. @berkeleylawcljc
—————————————
The SuperMajority : How the Supreme Court Divided America,
In late June 2022, a package of Supreme Court decisions drastically altered the nation’s legal landscape and divided the nation. It took just three days to roll back some of the most consequential gains for civil rights, voting, the separation of church and state, a woman’s right to choose, and more.
In his new book The SuperMajority : How the Supreme Court Divided America, Michael Waldman offers an in-depth analysis of the 2022 key rulings and the radical ways in which they were crafted. He provides historical context for how the Supreme Court has amassed power far beyond what the Framers intended, and how the current supermajority ascended to the high court. Waldman also points to previous Courts (on both the right and the left) that overreached and describes their consequences for the country. Significantly, he writes that the seizure of so much power by a few members of the Court, and their energetic wielding of it, poses a crisis for U.S. democracy.
A backlash against the Court is underway. Rather than seeking a supermajority of their own, Waldman writes that, “Liberals must fall out of love with the Supreme Court.” He recommends reform measures to curb the Court’s power while applying other pressure points – such as in the court of public opinion.
Guest – Michael Waldman is the president and CEO of the Brennan Center for Justice at NYU Law School, a nonpartisan law and policy institute. An expert on the Constitution and the courts, Waldman served on President Joe Biden’s commission on the Supreme Court. He is the author of The Fight to Vote and The Second Amendment: A Biography. Waldman was director of speechwriting during the Clinton administration. Sign up for newsletter – Briefing
—-
First Amendment Auditor: Big Nick South Florida Accountability
Most of the populace, some police officers and federal employees may not realize that its every photographers right to take photos and video of federal buildings on public property. The easing of restrictions began when the New York Civil Liberties Union had looked into several cases of people who were wrongly harassed, detained and arrested by federal agents while photographing or shooting video of federal buildings from public plazas and sidewalks.
In 2010, the NYCLU brought a suit against the US Department of Homeland Security in federal court to end this practice. In October of 2010, a judge actually signed a settlement where the US government agreed that no federal statures or regulations bar people from photographing the exterior of federal buildings.
The US government agreed to issue a directive to members of the Federal Protective Service on photographer’s rights. A decade later, the rights attained in this decision are recently being put to the test in what’s known as First Amendment audits.
Guest – Nick Freeman – First Amendment Auditor with millions in view counts joins us to talk about his work in Fort Lauderdale being part of a long emerging trend to educate local law enforcement about the right to photography and subsequent issues such as police accountability.
——————————————-
The Alliance of Families for Justice
The Alliance of Families for Justice (“AFJ”) was founded seven years ago by attorney Soffiyah Elijah. Its headquarters is in Harlem, a community heavily impacted by mass incarceration. AFJ also has satellite offices in Albany and Ithaca.
AFJ seeks to heal families and individuals who suffer from their own imprisonment or that of a loved one. It seeks moreover to organize and empower them to challenge and change the system of mass incarceration. AFJ’s legal support unit provides free legal representation to incarcerated people and their families. AFJ holds weekly community organizing meetings and family empowerment circles, and monthly healing circles for formerly incarcerated people. Its organizing and advocacy unit spearheads various campaigns including one to #Shutdown Attica and another to end felony disenfranchisement. AFJ’s Youth Empowerment Project has serviced over 400 NYC young people ages 16-24 in its 3yr tenure. All of AFJ’s services are free.
In New York State and most places nationwide incarcerated people lose their voting rights. This is both un-democratic and, because most incarcerated people are Black or Latinix, it is a racist policy and a vestige of Jim Crow laws that permeated New York and most states. The loss of voting rights remains a significant obstacle to criminal justice reform.
Guest – Attorney Soffiyah Elijah, knows intimately what happens to families whose loved ones are put in prison. She has been able through AFJ to support, motivate and educate these families to become advocates for civil rights and justice reform. Attorney Elijah has headed legal clinics at the City University of New York School of Law and has served as the Deputy Director of the Criminal Justice Institute at Harvard University, under Professor Charles Ogletree. She was the first woman and first Black Executive Director of the 170yr old Correctional Association of New York where she helped expose and bring to justice several Attica prison guards for brutally beating a man almost to death.
—-
Dark Money And Conservative Courts
When Donald Trump became president in 2016, one of the most terrifying prospects was that he could signal a new era for the Supreme Court of the United States – where vacancies would be strategically filled to create one of the most conservative courts in nearly a century, which could roll back constitutional rights and liberties we’ve been taking for granted. Indeed, even though Donald Trump was not re-elected in 2020, the conservative 6-3 majority that exists, and the havoc they are wreaking, could last for decades. While I’m sure Donald Trump would like to take all the credit, the battle to buy Supreme Court influence and push votes to the right long precedes his tenure as president.
Guest – Andrew Perez, has devoted his life and career to exposing the money, influence and secret transactions made among the most powerful people in the world to control the United States laws, government and people. He is an investigative reporter and senior editor for The Lever, which was just awarded the 2023 Izzy Award for outstanding achievement in the independent media by Park Center for Independent Media at Ithaca College for its relentless work “exposing the corrupting influence of corporate power on government and both major parties.” In announcing the award, the Center for Independent Media highlighted Andrew’s work for exposing the largest known political donation in U.S. history — Chicago businessman Barre Seid’s $1.6 billion dark money transfer to conservative operative Leonard Leo who served as Donald Trump’s judicial advisor – and guess who Leonard Leo appears to ready to back now … Republican presidential candidate Ron DeSantis.
———————————-
The Nakba Didn’t End in 1948, It Continues to Impact Palestinians Daily
On May 15, Palestinians marked the 75th anniversary of al-Nakba, which means “the catastrophe” in Arabic. On that date in 1948, Israelis ethnically cleansed nearly 750,000 Palestinians from their lands and destroyed more than 500 Palestinian towns and villages. In addition, on May 15, for the first time ever, the UN General Assembly officially condemned the Nakba.
May 15 was also the day that Israel and Palestinian Islamic Jihad agreed to a ceasefire brokered by Egypt to stop the violence that resulted in the deaths of 33 Palestinians and 2 Israelis. The Israeli assault on Gaza was the sixth such attack since 2007, when Israel imposed a permanent siege on Gaza, controlling the ingress and egress of Palestinians.
Israel maintains an illegal occupation of Palestinian territory. And the United States enables this occupation by providing $3.8 billion in military aid to Israel each year.
Guest – Michel Moushabeck, is a Palestinian American writer, editor, translator and musician. He is the founder and publisher of Interlink Publishing, a 36-year-old, Massachusetts-based, independent publishing house. Michel wrote the article titled, “The Nakba Didn’t End in 1948, It Continues to Impact Palestinians Daily,” which was recently published by Truthout.
—-
Junior ROTC In High Schools: Pressure To Join
On her first day of high school, Andreya Thomas and several other freshmen at Detroit’s Pershing High School learned they were enrolled in a class called J.R.O.T.C., or Junior Reserve Officers’ Training Corps. School administrators told them the program was mandatory.
Funded by the U.S. military, the program required students to wear military uniforms in class, recite patriotic declarations, and obey orders from an instructor who often yelled at them. When several tried to drop the class, school officials refused permission, even though the Pentagon says that requiring students to take the programs runs counter to its guidelines. The New York Times recently learned that thousands of public-school students were enrolled in J.R.O.T.C. either as a requirement or through automatic enrollment. Most of the schools with high enrollment numbers were attended largely by nonwhite students and those from low-income households.
Critics of Junior ROTC say that the program’s militaristic discipline prioritizes obedience over independence and critical thinking. And as we reported earlier on Law and Disorder, and now noted by the Times, the program’s textbooks often rewrite or downplay the failings of the U.S. government. With its concentration in schools with low-income and nonwhite students, some claim J.R.O.T.C. encourages students to enlist in the military rather than explore other routes to college or jobs in the civilian economy.
Guest – Rick Jahnkow works for two San Diego-based anti-militarist organizations, the Project on Youth and Non-Military Opportunities, or YANO, and the Committee Opposed to Militarism and the Draft. We spoke earlier with Rick about YANO’s J.R.O.T.C. textbook review project.
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
—————————————————-
American Crusade: How the Supreme Court is Weaponizing Religious Freedom
America was not founded as a Christian nation. Church and state were separated. The founding fathers were mostly deists, not Christians. They did not believe in a personal all powerful God that knew everything and intervened in human affairs
They separated church and state because they understood from European history that bad and bloody results resulted when the government acted in the name of God.
All this is changing in America now under the thumb of a right wing activist politicized majority on our Supreme Court. They were put there by an extremely well funded well organized conglomeration of ultra right wing figures and organizations. They have an agenda and they are carrying it out.
The newest Supreme Court Justice Amy Coney Barrett had a message for new lawyers. She said being a lawyer “is but it means to an end. … and the end is building the kingdom of God.“ This ascendant ultra-right wing can best be described as white Christian nationalists. These white Christian nationalists have won significant victories and are on roll. Taking away a woman’s right to control their own bodies in the recent overturn of Roe versus Wade is just the latest example. They have stacked the federal courts and particularly the Supreme Court where they have a 6 to 3 majority.
Guest – Andrew Seidel, author of American Crusade: How the Supreme Court is Weaponizing Religious Freedom. He is a constitutional attorney with more than a decade of experience arguing about religion and law as a vice president at Americans United for Separation of Church and State and a director at the Freedom From Religion Foundation He is the author of “The Founding Myth” the definitive book which demonstrates that America’s not founded by Christians as a Christian country.
—-
John Pilger: The Coming War With China
Is China a threat to (the United States)? Is the fear being stirred up about China legitimate? We speak with 83-year-old renowned journalist, author, and documentary filmmaker John Pilger from his home in Australia about his most recent article The Coming War With China.
China has the second largest economy in the world. It will soon be the first. In response to China’s commercial threat the United States of America has responded militarily by surrounding the Chinese industrial heartland with 400 bases in what has been called “a noose“. The USA has some 1100 bases around the world, China has six.
President Obama initiated a multi trillion dollar vast nuclear buildup. This was coordinated with what he termed “a pivot towards Asia.” Most of the U.S. Navy now patrols the waters off of China. Tensions have been exacerbated with respect to who governs Taiwan.
The US Government has shored up it’s military alliances with the surrounding countries around China of South Korea, Japan the Philippines, and Australia, The USA is selling billions of dollars worth of nuclear submarines to Australia.
We live in a country whose government has been in a perpetual war the last 3/4 of a century, except with a brief interlude after its 20 year old war Vietnam ended in defeat. 3 million Vietnamese died in the American war.
Guest – John Pilger covered that war as a young reporter and understood that it was based on the lie that Lyndon Johnson told falsely stating that the North Vietnamese had attacked an American ship in the Gulf of Tonkin. Another 1 million people died in the Iraq war That war was based on the now well known lie that Saddam Hussein had weapons of mass destruction that he was going to use against us and that he was responsible for 911. A similar campaign of fear mongering is going on now about China. The major news media parrot the government’s fact free line that China is our enemy. In his article “The Coming War With China” John Pilger wrote “a US war against China beckons and we have a responsibility to speak out. We know what is coming. Silence must be broken.”
Hosted by attorneys Michael Smith and Maria Hall
————————–
Justice Thomas Fails To Disclose Luxury Gifts From Billionaire Harlan Crow
It has recently come to light that rightwing billionaire and GOP megadonor Harlan Crow paid for decades of luxury travel, gifts, and family property for Clarence Thomas, a member of the U.S. Supreme Court. Crow sits on the board of the neoconservative American Enterprise Institute, a conservative think tank that frequently files amicus briefs in pending Supreme Court cases.
In 2019, Crow flew Thomas to Indonesia in his private jet and funded a nine-day island-hopping cruise aboard Crow’s superyacht, a trip valued at more than $500,000, nearly double Thomas’s annual salary.
But in spite of the Ethics in Government Act’s requirement that federal judges disclose gifts over $415, Thomas failed to file such a disclosure.
In 2004, Thomas refused to recuse himself from a case in which Crow’s real estate company was being sued, despite a federal law requiring federal judges to recuse themselves when their impartiality might reasonably be questioned.
And in 2021 and 2022, Thomas failed to recuse himself from cases involving the January 6 insurrection and Donald Trump’s efforts to overturn the results of the 2020 presidential election, even though Thomas’ wife Ginni was a prominent organizer of the “Stop the Steal” campaign.
FixtheCourt.com
While a Code of Conduct binds lower federal court judges, members of the Supreme Court are bound by no such code of conduct.
Guest – Professor Ellen Yaroshefsky is the Howard Lichtenstein Professor of Legal Ethics and Director of the Monroe Freedman Institute for the Study of Legal Ethics at the Maurice A. Deane School of Law at Hofstra University. Ellen is the longstanding co-chair of the Ethics Advisory Committee of the National Association of Criminal Defense Lawyers and the former co-chair of the American Bar Association’s Ethics, Gideon and Professionalism Committee of the Criminal Justice Section.
—-
The Right to Housing In California
The state of California has been described as ground zero in a national housing crisis. Plagued by escalating housing costs, lack of affordable housing stock, and stagnating wages, more than half of the country’s unsheltered residents and a quarter of all unhoused people live in California, even though state residents comprise just 12% of the nation’s population. Humanitarian concerns there disproportionately impact Black and Brown residents. To address this crisis, California legislators have introduced constitutional amendment proposals that would enumerate the right to housing in the state constitution.
In a recent report, “Recognizing the Right to Housing,” the ACLU and other organizations assert that guaranteeing every person the right to housing provides an important government obligation and legal tool to ensure that Californians have access to affordable and adequate housing. Such a rights-based approach will bolster California’s existing Housing First policy, based on decades of empirical evidence that houselessness is best remedied by access to permanent and stable housing, with minimal requirements for entry. A 2020 poll shows that 60% of Californians support the constitutional amendment.
Guest – Attorney Kath Rogers from the ACLU of Southern California. Before joining the ACLU, Kath was Program Manager and Adjunct Professor at the University of Southern California, where she co-authored the housing report. She also served as Executive Director of the National Lawyers Guild Los Angeles. Kath’s legal work has included defending unhoused clients and activists, and co-counseling on a federal constitutional class action lawsuit, Arundel v. City of San Diego, challenging the criminalization of houselessness. It resulted in a settlement to change discriminatory policing practices.
Hosted by attorneys Heidi Boghosian and Marjorie Cohn
———————————————–
Guilty of Journalism
The pending criminal case against journalist Julian Assange is the most significant far reaching First Amendment matter in our lifetime. It will have, in fact it already has had, an impact on publishing and journalism. This is so because it constricts our freedom to know as well as journalists and publishers freedom to publish.
Our government functions as the executive committee of the ruling rich. It intends to keep it this way, in the words of the great civil rights attorney William Kunstler, “by any means necessary and for as long as possible.”
If as is likely the imprisoned journalist Julian Assange is extradited at America’s request from his solitary prison cell in London’s Belmarsh prison where he has been kept for four years and sent to Virginia to be tried for espionage he will be certainly be convicted and sentenced to life in prison.
His victimization is being accomplished under the 1917 Espionage Act, a law originally put into place during World War I to imprison spies. It is now used to get truth tellers like Julian Assange silenced.
Julian Assange Fact Sheet: Why Julian Must Be Freed
Guest – Kevin Gosztola who more than anyone has covered the whistleblower situation since he attended the court martial trial of Sergeant Chelsea Manning. Manning was convicted of giving government secrets to Julian Assange. Kevin Gosztola‘s book “Guilty of Journalism “was published by Seven Stories Press and Censored Press last month.
—-
Attorney Stephen Rohde: A Set Of Ideas Under Threat
American history has been marked by ongoing conflicts between those who are seeking an open, equal and inclusive society and those who cling to the racist origins of the United States and seek to literally whitewash that history and perpetuate white privilege.
We find ourselves in the midst of one of those conflicts today. The right of Black people to learn their own history is being denied them. The same is true of anyone who is not heterosexual.
The teaching of critical race theory is increasingly disallowed. The study of human sexuality in schools is being obliterated. Books are being banned in record numbers, and curricula is being rewritten to conform to a sanitized version of American history. Seven states, including Florida, Tennessee, Oklahoma and Utah, have already passed laws limiting materials in libraries…and at least 113 bills are pending across the country that would negatively impact libraries or curtail peoples’ freedom to read.
As Jonathan Friedman, the Director of free expression and education at PEN America, a free speech organization said, “People need to understand that it’s not a single book being removed in a single school district, it’s a set of ideas that are under threat just about everywhere.”
Guest – Stephen Rohde is a noted constitutional scholar and activist. He is the past Chair of the ACLU Foundation of Southern California; the founder and current Chair of Interfaith Communities United for Justice and Peace; the author of American Words of Freedom, and of Freedom of Assembly. Steve Rohde is a regular contributor to TruthDig as well as the Los Angeles Review of Books.
Hosted by attorneys Michael Smith and Jim Lafferty
————————-
Biden Hypocritically Slams Arrest of US Journalist in Russia But Pursues Assange
May 3rd marks the 30th anniversary of World Press Freedom Day, established by the UN to remind governments about the necessity to respect their commitment to freedom of the press.
The Biden administration touts press freedom but continues the Trump administration’s efforts to extradite Julian Assange from the UK to the United States for trial on Espionage Act charges that could lead to 175 years in prison. Assange is being prosecuted for obtaining and publishing classified military and diplomatic documents evidencing US war crimes in Iraq and Afghanistan. He is the first publisher to be charged under the Espionage Act for revealing state secrets.
The Biden administration hypocritically criticizes Russia for arresting Evan Gershkovich, a US journalist, for espionage while trying to extradite and try Assange, who is an Australian citizen. Both men are journalists detained in a foreign country on espionage charges for doing what journalists do.
Julian Assange Fact Sheet: Why Julian Must Be Freed
Guest – Marjorie Cohn is a member of the national advisory board of Assange Defense. She is professor emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. Her new article about Assange and Gershkovich was just published by Truthout.
—-
Citizen Spies: The Long Rise of America’s Surveillance Society
The U.S. Department of Homeland Security’s program “If You See Something, Say Something,” launched in 2010, urges citizens to be aware of and to report, potential threats. Examples of suspicious activity include unattended packages or baggage; circumstances that appear out of the ordinary, like an open door that is usually closed; a person asking for detailed information about a building’s layout or purpose, and changes in security protocol or shifts. Also of concern is any person seen loitering around a building, writing notes, sketches, and taking photographs or measurements.
The DHS website is careful to note that, “Factors such as race, ethnicity, and/or religious affiliation are not suspicious.” Yet as listeners know, incidents of ethnic profiling are many, including one in which a Southwest Airlines passenger was taken off a flight for speaking Arabic.
The history of citizen spying and reporting on others is not new in this country. And the “See Something” campaign isn’t the only civilian spying program around. Many jurisdictions have Neighborhood Watch programs. The U.S. Department of Justice’s National Neighborhood Watch initiative enlists community members to assist crime prevention and to prepare neighborhoods for disasters and emergency response.
Guest – Joshua Reeves author of Citizen Spies, The Long Rise of America’s Surveillance Society . He is associate professor of New Media Communications and Speech Communication at Oregon State University, where he’s also a fellow in their Center for the Humanities. An associate editor of the journal Surveillance and Society, he’s also written the just-released book, Killer Apps: War, Media, Machine.
Hosted by attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
—————————–
Workers’ Rights And Leadership Moving Forward
Ex-president Donald Trump was indicted three weeks ago in New York City by progressive prosecutor Alvin Bragg on 34 separate counts for paying hush money to two women before the 2020 election. The charges are serious and provable. These are the first; there will likely be three even more serious indictments in other jurisdictions. Although Trump looks like the Republican nominee for the 2024 presidential election, the accumulation of charges against him will both narrow but harden, invigorate, and mobilize his political support.
Trump is the most prominent figure in what has quite accurately been described as an American version of fascism called white Christian nationalism. These forces have captured half the state houses in the country, many courts, and many local governments all the way down to school boards. Bertold Brecht, the great German playwright and political thinker, observed during the rise of Hitler and fascism in Germany that in order to understand fascism you must understand capitalism from which it springs.
Under a viral form of capitalism. known as neoliberalism, inequality of wealth has reached enormous proportions. Half the population of our country are poor or near poor. Healthcare, education and housing go abegging with 15 million people about to lose their health care and hundreds of thousands of others sleeping on the streets
Sections of the American working class are fighting back. Workers are organizing in Amazon and Starbucks. 9000 of them are on strike at Rutgers University. United Automobile Workers are gearing up for a strike. Polls show that most working people would like to be in a union.
But Americans are fighting back with one hand tied behind their backs. They have no independent working class party that defends their interests Both the Republican and Democratic parties are Corporate capitalist parties. In fact, last year, the Democratic Party received more massive dark money than Republicans.
Fascism is characteristically antiworker, anti-democratic, racist, nationalistic, misogynist, and violent. It is irrational. It believes in a make-believe past when America was once great.
Guest – Paul Street, historian and activist has written 10 books, most recently “ This Happened Here : Neoliberalis, Amiericaners, and the Trumping of America”. He wrote the introduction to “Imagine: Living in a Socialist USA“ co-edited by Law And Disorder cohost Michael Steven Smith. He writes regularly for “Counterpunch“ and manages “The Paul Street Report” on Substack.
—-
Mumia Abu Jamal’s New Trial, Exculpatory Evidence
American political prisoner Mumia Abu-Jamal has served over 40 years in Pennsylvania’s harshest prisons; 16 of them on death row -for the murder of a
Philadelphia police officer that he did not commit. His trial was a sham from day one. The judge who convicted him was overheard promising, “I’m going to help fry the N-word“.
Before Mumia’s conviction, he was a nationally broadcast, award winning radio journalist, and the head of the Philadelphia Association of Black Journalists. He reported on the murderous racial violence of the Philadelphia police department and its notorious Police Chief, and later Mayor, Frank Rizzo. Mumia had been a member of the Philadelphia chapter of the Black Panther Party. While in prison, Mumia has written 13 books and had a weekly radio show, “Live from Death Row“. He holds a master’s degree and is working on a PhD in history.
Most recently, Mumia’s attorneys have sought a new trial for him based on their discovery of exculpatory evidence clearly supporting his innocence. The newly discovered evidence had been wrongly kept from Mumia’s lawyers at the time of his trial, being deliberately buried in the prosecutor’s files. This evidence documented that key witnesses had received promises of money and favorable treatment in their own criminal cases, in exchange for their perjured testimony in Mumia’s original trial. The petition also documented the unconstitutional practice of striking Black jurors during Mumia’s original trial.
But sadly, despite the obvious significance of this newly discovered evidence, his petition for a new trial has been denied.
Guest – Noelle Hanrahan, is a Pennsylvania attorney and longtime supporter of Mumia, and the producer the long-running radio show, “Prison Radio“. She was in the courtroom when the newly discovered evidence was presented in support of Mumia’s petition for a new trial, and again when it was recently denied. Prison Radio
Hosted by attorneys Michael Smith and Jim Lafferty
—————————-
It Was Genocide: Armenian Survivor Stories
Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.
The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.
Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.
As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.
Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.
Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.
—————————————–
UN Report Sounds Alarm On Climate Change
A new flagship United Nations report on climate change shows that harmful carbon emissions have never been higher in human history. And that this is proof that the world is on a fast track to disaster, with scientists arguing that it’s now or never to limit global warming to 1.5 degrees. Indeed, the report’s scientists claim that at the dismal rate matters to address climate change are now going, the world has but ten years—ten years–until catastrophic climate change is irreversible.
Or as the UN’s General Secretary Gutierrez puts it, the planet is now “nearing the point of no return.” In a Washington Post op-ed article, Gutierrez described the latest IPCC report as a “litany of broken promises,” which revealed a “yawning gap between climate pledges, and reality.” Indeed, the reality is that despite ever-increasing awareness of the consequences of climate change and the central role humans play–given our continuing use of fossil fuels, in bringing the change about–the amount of greenhouse gas emissions released into the atmosphere every year continue to rise every year and are each year greater than the prior year. For as Gutierrez wrote, corporations and high-emitting governments have not just turned a blind eye to the problem, “they are adding fuel to the flames by continuing to invest in climate-choking industries.”
Already millions of the world’s people have been displaced by climate change, and the world now experiences a greater and greater increase in severe storms, unprecedented heat waves, widespread water shortages, and the extinction of millions of species of plants and animals.
Guest – Eleanor Stein, professor of law at Albany Law School, where she teaches Transnational Environmental Law is the author of Ecological Sensitivity and Global Warming: An International Human Rights Violation? For ten years Eleanor Stein served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.
NY Times ON CLIMATE newsletter with Somini Sengupta, climate writings in NYT by David Wallace-Wells; NOT TOO LATE by Solnit and Lutunatabua; FALTER by Bill McKibben and all his current writings (and his breakthrough 1989 book on climate, The End of Nature and its sequel, EAARTH); Elizabeth Kolbert in The New Yorker; Websites of WEACT (We Act for Environmental Justice), www.weact.org; UPROSE (United Puerto Ricans of Sunset Park), www.UPROSE.org, NYC-EJA, NYC Environmental Justice Alliance, www.nyceja.org.
—-
CCR Lawsuit: Louisiana’s Cancer Alley
The call it “cancer alley.” It is the 135 mile long strip along both sides the Mississippi river between Baton Rouge, Louisiana south down to New Orleans
In an environmental racism case, three Louisiana organizations sued on March 21 in Federal District court in New Orleans against the Parish Council of St. Jame’s Parish. A Parish is a county in New Orleans and the Parish Council is their government.
The predominantly white Parish Council granted a permit for a company to build $9 billion petrochemical plant to make plastics. The plant is expected to spew 6000 tons a year of cancer-causing chemicals into the atmosphere.
The lawsuit seeks to protect Black neighborhoods and is asking for a moratorium on the building of more hazardous petrochemical plants where people live and breathe and where Black people are getting sick and dying in disproportionate numbers.
Guest – Attorney Astha Sharma Pokharel of the Center or Constitutional Right where she specializes in international human rights law and in challenging racial and environmental injustice. In the “cancer rally“ lawsuit she represents the Mount Trump Baptist Church and inclusive Louisiana. A project at the Tulane law school represents RISE St. James. These are the three Black neighborhood organizations that are plaintiffs in the lawsuit.
—————————–
You Might Go to Prison, Even Though You’re Innocent
There is a common belief that if you’re arrested, you are probably guilty because “where there’s smoke, there’s fire.” People assume that only the guilty confess to crimes because why would an innocent person confess to a crime they didn’t commit? And when a person pleads guilty or is convicted by a jury, that’s the end of the matter, in the minds of most people.
In fact, many innocent people are arrested, especially people of color, due to racial profiling and other forms of discrimination by law enforcement. Implicit bias often infects the case as it moves through the criminal legal system – from the initial police stop, to interrogation, arrest, charging, trial and sentencing. This is particularly tragic when a person is charged with a capital crime for which the death penalty is imposed and that sentence is carried out.
However, it is estimated that 10,000 to 20,000 people are currently serving time in prison after being convicted of crimes they did not commit, largely due to prosecutorial misconduct and police misconduct. Unfortunately, even when exonerated, the psychological and physical damage done is so extensive that many people are never able to fully recover from the trauma. In addition, when the wrongful conviction is solely the result of prosecutorial misconduct, those convicted have no legal recourse to be compensated for the wrong done to them because of prosecutorial immunity.
Guest – Justin Brooks criminal defense attorney and law professor has spent decades working to free innocent people from prison. The Founding Director of the California Innocence Project, Brooks is the author of the provocative new book, “You Might Go to Prison, Even Though You’re Innocent.” In it, he discusses false identifications, junk science, lying snitches, and incompetent defense lawyers – which too often lead to the imprisonment of innocent people.
—-
Expert Panel On Grutter v. Bollinger
Last October, Law and Disorder aired a segment exploring the possibility that the Supreme Court might be poised to overrule Grutter v. Bollinger and gut affirmative action. That’s the landmark 2003 case that held that the 14th Amendment allows public universities to consider race as a factor to assemble a diverse student body.
Around the time of our interview, the National Lawyers Guild New York City Chapter and the Society of American Law Teachers, or SALT, held an educational panel exploring the two affirmative action cases that the Supreme Court will decide by June or July. As many await the high court’s decision, we are pleased to present excerpts from this panel.
The speakers are Victor Goode, former Executive Director of the National Conference of Black Lawyers and Professor Emeritus at CUNY School of Law. Corinthia Carter is a board member of the NLG-NYC Chapter Foundation and president of the Legal Services Staff Association of the UAW. Rounding out the panel is law professor Vinay Harpalani from the New Mexico School of Law and a member of SALT’s board of governors. The panel was moderated by Olympia Duhart, co-president of SALT and a law professor at Nova Southeastern University College of Law.\
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
————————
Economic Update: Banking Collapse Contagion?
On March 10, 2023, the Silicon Valley Bank, the most important bank in Silicon Valley, failed. This bank held the money of some of the wealthiest people in the world, venture capitalists who invested in tech businesses.
The government bailed it out hoping to prevent the crisis from becoming a nationwide contagion like the one in 2008 when even larger banks failed. As a consequence in 2008, 8.7 million people lost their jobs. Unemployment jumped to 10%. There was a 1/3 drop in the value of homes and 10 million people lost their homes. The government did nothing to help them.
After the Silicon Valley Bank crashed the Signature Bank in New York crashed followed by the Republic Bank and then Credit Suisse. We speak with the economics professor Richard Wolff on why the economy was threatened with collapse and what must be done to protect us from the unstable banking system.
Guest – Richard Wolff is emerita professor of economics at the University of Massachusetts where he taught for for 35 years and a visiting professor at the Graduate Program in International Affairs at the Nee School University, NYC. He is the founder of Democracy at Work and host of their national syndicated show Economic Update. Professor Wolff has authorized numerous books on capitalism and socialism, including most recently “The Sickness is the System: When Capitalism Fails to Save Us From Pandemics or Itself“, “Understanding Socialism“; and “Understanding Marxism”, which can be found at democracyatwork.info.
—-
Upcoming Supreme Court Cases
The ever more conservative and activist Supreme Court has already heard arguments this term in a number of cases of vital importance. The cases involve the legality of President Biden’s student debt relief plan, the fate of the Consumer Financial Protection Bureau and other independent agencies, and the liability of social media cites where it is claimed that Google’s algorithms sent people to a hateful site that the plaintiffs in the case claim led to an Islamic State attack that killed their child.
Also of concern is the Supreme Court’s refusal to take an appeal from a lower count opinion upholding the State of Kansas law forbidding the State from doing business with any company that refuses to certify it does not support the boycott, divestment and sanctions, or “BDS” movement against Israel. And there is the Helaman Hansen case that addresses the question of whether the First Amendment permits criminal punishment of speech that merely encourages a noncitizen to remain in the United States, without any requirement of intent to further illegal conduct, and when remaining in the United States unlawfully is itself not a crime.
Julian Assange Movie – Ithaka
Click on Image for Screening Locations
Guest – Attorney Stephen Rohde is a noted constitutional scholar and activist. He is the past Chair of the ACLU Foundation of Southern California; the founder and current Chair of Interfaith Communities United for Justice and Peace; the author of American Words of Freedom, and of Freedom of Assembly. Steve Rohde is a regular contributor to TruthDig as well as the Los Angeles Review of Books, and is a leader in the national campaign to free the imprisoned investigative journalist, Julian Assange.
——————————–
My Country Is the World: Staughton Lynd’s Writings, Speeches, and Statements against the Vietnam War
Staughton Lynd was an activist, historian and attorney who became a leading critic of the U.S. war in Vietnam which claimed the lives of more than 3 million Vietnamese people and 58,000 Americans. He argued that the United States was committing war crimes and crimes against humanity and should immediately and fully withdraw from Vietnam.
Lynd traveled to Hanoi with Tom Hayden and Herbert Aptheker at the end of 1965 to the beginning of 1966 to try to open diplomatic channels between the U.S. and the Vietnamese. For that effort, he was denied tenure at Yale University and his passport was revoked. Lynd and his wife Alice worked in the draft resistance movement and advocated civil disobedience including the non-payment of taxes to confront the war machine.
Guest – Luke Stewart is a historian and has collected many of Lynd’s writings and speeches against the Vietnam War and published an important book called “My Country Is the World: Staughton Lynd’s Writings, Speeches, and Statements against the Vietnam War.”
—-
Detroit Poet Warrior: Dr. Gloria Aneb House
Around Detroit, one woman has touched many lives in many ways: artistically, intellectually and spiritually. A poet-warrior on the front lines of the fight for social justice, Dr. Gloria Aneb House has lived for decades at the intersection of art, education and urgent political movements — from the 1960s free speech movement in Berkeley, and the civil rights struggles organizing sharecroppers in Alabama and her involvement in SNCC, to the movement for justice for Cuba, and the anti-war movement, to the current movement to end racist police brutality. During Detroit’s water shutoffs, and other human rights and anti-war causes, she was in the streets protesting.
Among other accomplishments, she taught and fought discriminatory policies at Wayne State University for 27 years, and then went on to develop and direct the African American Studies major at the University of Michigan-Dearborn for 10 years, until her retirement in 2014. She has also been an instrumental leader in the efforts to win freedom for several political prisoners over the years, including former Black Panther Ahmad Rahman.
Guest – Dr. Gloria Aneb House has published several books of poetry since the 1980s under her chosen African name Aneb Kgositsile. She has also published essays and books since the early 1980s and taught at universities from Michigan to South Africa. Among her many awards, she received the Kresge Eminent Artist Award in 2019.
Hosted by attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
——————————–
Zachary Sklar: The Work: A Jigsaw Memoir
Screenwriter and journalist Zachary Sklar grew up in Hollywood as, in his words, “a child of the blacklist.” His fine book The Work: A Jigsaw Memoir has just been published. We will speak with him today.
In the 1950s, Zach’s father George Sklar, a playwright and screenwriter, was blacklisted from the movie industry for his past membership in the Communist Party. His mother, Miriam Blecher, was a modern dancer in the Martha Graham company and founding director of The New Dance Group. During the McCarthy era, many of their friends were hauled in front of the House Committee on Un-American Activities, calIed HUAC. Several of them fled the country. Others were imprisoned. As a result, Zach grew up in an atmosphere of all-pervasive fear.
Richard Nixon rode to power on fear. After he retired, a reporter asked him what his secret was. He replied instantly, “It was fear, fear, and they don’t teach you that in the Boy Scouts.”
Zach’s beautiful collection of personal essays tells his story of how he overcame the fear he experienced as a child growing up in Hollywood during the blacklist years.
Guest – Zachary Sklar is a writer, editor, and teacher. A graduate of the Columbia Graduate School of Journalism, he has taught magazine writing at that institution and also has served as the executive editor of The Nation magazine. Zach Sklar edited several books about the CIA for Sheridan Square Press, including Ari Ben-Menashe’s Profits of War and New Orleans district attorney Jim Garrison’s bestselling On the Trail of the Assassins, which makes the case that the CIA was behind the assassination of President John F. Kennedy. Zach later co-wrote with Oliver Stone the Oscar-nominated screenplay for the movie JFK. He has been a creative adviser at Sundance Screenwriting Labs for more than two decades, and currently teaches screenwriting for the Harlem Dramatic Writing Workshop in New York. Zach Sklar was a friend of our show’s co-founder Michael Ratner and edited Michael’s memoir Moving the Bar: My Life as a Radical Lawyer.
—-
Exploiting The Labor Of Migrant Children
The New York Times headline, in its February 25th edition, says it all: “Alone and Exploited, Migrant Children Work Brutal Jobs Across the U.S.” Yes, last year 130,000 unaccompanied minors entered the United States, and last year the federal agency responsible for placing these children in suitable situations as their cases are processed, lost track of at least 85,000 of them. But we know where all too many of them can be found: working 10-12 hours a day in violation of our nation’s child labor laws in the American supply chain for many major brands and retailers…retailers like Ford and General Motors. Retailers like Walmart and General Mills, whose brands include Cheerios, Lucky Charms and Nature Valley, and PepsiCo, which owns Frito-Lay and Quaker Oats…and the list goes on.
So, underaged children, here in the U.S., and needing to earn money to send to their destitute families back home, or pay off the smuggler who brought them to the United States, are working under long, unsafe and exploited conditions, for some of America’s largest corporations. Never mind that the federal child labor provisions, authorized by the Fair Labor Standards Act of 1938, also known as the “child labor laws,” were enacted to ensure that when minors do work, the work is safe and does not jeopardize their health, well-being or educational opportunities, and that sets age limits for various types of work.
As we will shortly learn from our guest for this topic today, that Act is being violated over and over again in 2023. Twelve-year old roofers in Florida and Tennessee, underage slaughterhouse workers in Biden’s home state, Delaware, and children sawing planks of wood on overnight shifts in South Dakota. The shame of this should be mind boggling for the American people. But as we now begin interviewing today’s guest, this is still the despicable reality of the lives of these minors now in our country.
Guest – Professor Sara Rogerson, the Director of the Justice Center at Albany Law School, where she is also the faculty Director of the Immigration Law Clinic, in which students represent immigrant victims of crime. Her scholarship addresses flaws in the administration of immigration laws and policy, including intersections with domestic violence and international law. SSRN.com
————————————–
The Trillion Dollar Silencer: Why There Is So Little Anti-War Protest in the United States
As the notion of perpetual war and a militarized society are normalized, notably absent are antiwar protests by faith-based organizations, civil rights groups, academics, and others. A new book, “The Trillion Dollar Silencer,” details this absence while laying bare the devastation wrought in the United States and abroad by the military industrial complex.
Author Joan Roelofs delves into the pervasive role of military contractors and bases that have come to be economic hubs of their regions. She discusses how state and local governments are intertwined with the Department of Defense (DoD), including economic development commissions at all levels. Contracts and grants to universities, colleges, and faculty come from the DoD and its agencies, such as the Defense Advanced Research Projects Agency. The Minerva Initiative funds social scientists for military research. Civilian jobs in the DoD provide opportunities for scientists, engineers, policy analysts, and others. The Reserve Officers’ Training Corps (ROTC) programs are subsidized by the DoD.
In addition to businesses large and small, nonprofits receive DoD contracts and grants, including environmental and charitable organizations such as The Nature Conservancy and Goodwill Industries. Individuals, arts institutions, charities, churches, and universities share in the profitability of military-related investments. Pension funds for public and private employees and unions are replete with military stocks. In other words, the military industrial complex is so embedded in our political economy that it has become virtually impossible to find any sector of our society that is not intertwined with militarism.
Guest – Joan Roelofs, Professor Emerita of Political Science at Keene State College. She teaches in the Cheshire Academy for Lifelong Learning and writes for scholarly and political publications. Joan is the author of “Foundations and Public Policy: The Mask of Pluralism,” and “Greening Cities: Building Just and Sustainable Communities.” She has been an anti-war activist ever since she protested the Korean War.
Hosted by attorneys Heidi Boghosian and Julie Hurwitz
—————————————–
How The United States Took Out The Nordstream Pipeline
The war in Ukraine is illegal. It’s a violation of international law. Peace forces in the United States are demanding a ceasefire and negotiations and the recognition of Russia’s legitimate security concerns. At the same time, we recognize that the Russians were provoked by the United States and NATO in to invading Ukraine, having placed so many military bases and bombs on Russia’s border.
The latest development of enormous economic and political consequences is the American blowing up of the two pipelines that provided cheap Russian natural gas to Europe. The great investigative journalist, Seymour Hersh, has recently discovered and published a hugely significant investigative article on Substack, proving that the United States,despite its vehement denials, was in fact, responsible for the blowing up the pipelines.
This was done to prevent the integration of Russia into the European economy. Because now the United States and Norway sell liquefied natural gas and natural gas, to Western Europe at four or five times the price of Russian gas.
Guest – Seymour Hersh, has won a Pulitzer Prize and five Polk awards, beginning with his expose of the My Lai massacre in Vietnam where American troops killed 500 women, children and old men. His important articles were published in the New York Times, the New Yorker, and other mainstream media outlets. But his article on the US blowing up of the two pipelines had to be self-published on his Substack platform.
—-
Denouncing The Horrors Of Socialism
On February 2nd of this year, the now Republican-controlled U.S. House of Representatives passed a resolution “ denouncing the horrors of socialism.” It passed overwhelmingly in a 328–86–14 vote. More than half of the Democrats voted for it, while 86 voted against it and 14 voted “present“. The resolution is made up of lies and half truths. We urge listeners to read it for themselves. It is online. The resolution is three pages in length and 99% of it consists of a series of whereas clauses pointing out with the Republican authors of the resolution believe are examples of the “horribles” of Socialism.
What is socialism? Socialism has never really existed anywhere yet there have been attempts starting with the great Russian revolution of 1917 which effectively ended the slaughter of World War I. It was overthrown in 1991 when the USA and others successfully restored capitalism. What would a socialist society be like? First of all it would be democratic politically and economically and it would not be run by the one percent.
America has a rich history of electing people with a socialist vision. Socialism would illuminate racism and economic want. It would provide for education and healthcare, housing and employment for everybody. Production would be for human needs, not for profit. It would clean up the environment and eliminate the threat of catastrophic man-made climate change.
Guest – Jeff Mackler is the National Secretary of Socialist Action and was their candidate for president in 2016 and in 2020. Mr. Mackler also serves on the Administrative Committee of the United National Anti-war Coalition, or “UNAC”. He is the Director of the Mobilization to Free Mumia Abu-Jamal and a steering committee member of the National Julian Assange Defense Committee. A lifelong activist, Jeff Mackler is the author of 25 books and pamphlets and political, economic, and anti-US imperial war movements.
Hosted by attorneys Michael Smith and Jim Lafferty
——————————
Ending Structural Police Violence And Abuse
On January 7, after an unlawful traffic stop, several police officers in the SCORPION unit of the Memphis Police Department beat, kicked, punched and tased Tyre Nichols, who posed no threat to the public or the officers. He died in the hospital 3 days later. SCORPION, which was disbanded following Nichols’s death, stands for Street Crimes Operation to Restore Peace in our Neighborhoods. In reality, SCORPION’s targets – as with similar such units around the country — were primarily Black men. Far from restoring peace, these officers escalated the violence and killed Nichols. The officers later lied about stopping him for reckless driving and the police chief admitted there was no legal basis for stopping Nichols.
One month later, in his State of the Union address, President Joe Biden introduced Nichols’s parents who were in the audience and he called for police reforms. We all know that racist police violence is nothing new. It has shown itself over and over throughout our history, and has led to calls for reform of the police, and abolition. But structural and systemic racism and police violence persist nevertheless.
In spite of the worldwide outrage at the public execution of George Floyd in 2020, and several superficial reforms, police killings continue to increase, not decrease.
Guest – Jonathan Moore, civil rights attorney in New York City who, since the late 1970’s, has specialized in police and governmental misconduct, employment discrimination, First Amendment advocacy, and international human rights. Jonathan represents the family of Eric Garner, who was killed in broad daylight in 2014 by the New York City police for allegedly selling loose cigarettes. He was also the lead attorney in the New York “stop and frisk” case in 2013 that led to the historic ruling that banned the practice as unconstitutional. And he represented the Exonerated Five (formerly known as the Central Park Five) in their successful wrongful conviction case against the City of New York.
—-
The Secret Files: Bill de Blasio, the NYPD, and the Broken Promises of Police Reform
The issue of police reform looms large across the nation, with daily reports and images of lethal police violence against Black and Brown persons striking a collective raw nerve. A new book by journalist Michael Hayes reads like both an investigative report and a gripping saga of the nation’s largest police department. Its protagonists are the New York City Police Department (NYPD), its powerful union, Black and Latino New Yorkers, and the Mayor. The book is “The Secret Files: Bill de Blasio, the NYPD, and the Broken Promises of Police Reform.”
Bill de Blasio, mayor from 2014 to 2021, focused his campaign on making the NYPD more accountable to the public. Previously, while serving on the City Council, he introduced legislation to expand the purview and clout of the watchdog agency, the Civilian Complaint Review Board. While in office, de Blasio tried to end the NYPD’s long-standing “stop and frisk” policy, among other pernicious practices. But from the beginning of his tenure, after two officers were fatally shot in Brooklyn in December 2014, the police department and its union doubled down in opposition to reform. One example was to effectively prevent public disclosure of internal investigation files or the identities of police officers known to be the subjects of those investigations.
Guest – Michael Hayes, in addition to his recently released book, Michael has long reported on the policies and practices of U.S. police departments and covered major criminal trials across the country.
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
—————————————
Black History Month And Racist Police Violence
February is Black History Month in America. And on the very first day of Black History Month this year, Tyre Nichols, a young Black man, was laid to rest in Memphis, Tennessee, having been murdered by police officers of the Memphis police department, as he simply tried to get home.
I find it almost impossible to keep track of all the hundreds of cases of racist police violence against innocent Black and brown men and women in America. At the moment our nation is transfixed and in a state of great anger and anguish over the brutal murder of Tyre Nickols in Memphis, Tennessee. And the killings keep coming. In my city, Los Angeles, we’re outraged by the police murder of Keenan Anderson, the cousin of Black Lives Matter co-founder, Patrice Cullers. Both murders were filmed, and so once again the American people saw with their own eyes just how violent and despicable the police can be; and how indifferent the offending police officers are to the fact that what they are doing is being captured on film for all the world to see.
Now, the overwhelming percentage of victims of police assaults are people of color who’ve been murdered, or otherwise brutalized by white cops. But as the Nichols case demonstrates, police violence is so ingrained in policing in America that Black cops, too, often do not hesitate to employ gross violence in the course of their policing.
What accounts for this epidemic of cop killings of people of color in America? Is it connected to America’s history of Black enslavement? And, if requiring the police to be filmed while making arrests has not ended police violence, what will it take to finally end this epidemic of racist policing?
Guest – Attorney Carl Douglas is a partner in the law firm, Douglas/Hicks, one of Keenan Anderson’s family attorneys who’ve just filed a $50 million dollar claim against the City of Los Angeles for what the LAPD did in the Keenan Anderson case. Attorney Douglas, after working 6 years as a Public Defender, then spent 12 years in the Los Angeles law firm of famed, and now deceased, anti-police abuse attorney Johnnie Cochran. And now, his own law firm, the Douglas/Hicks law firm, specializes in police misconduct and other civil rights cases, criminal defense work, as well as personal injury and employment discrimination cases. In short, he is a true “lawyer for the people”.
—-
CIA Spied On Julian Assange Embassy Visitors: Lawsuit Update
We speak today with New York City attorney Deborah Hrbek who along with her law partner Margaret Ratner Kunstler are suing the CIA, its former Director Mike Pompeo, and the Company they contracted with to spy for them on Julian Assange and his visitors including attorneys at the Ecuadorian Embassy in London. Assange lived there for seven years having been granted political asylum by the Ecuadorian government. The CIA contract employee DC Global copied information off of their cell phones and computers when they visited their client Julian Assange in the Ecuadorian Embassy in London.
They are demanding an injunction forbidding the CIA to use the private information they stole from their devices. The CIA says that it has every right to do what it did because the plaintiffs had no right to expect privacy.
Julian Assange is one the greatest journalist of our time. His exposures of American war crimes, corruption in the Hillary Clinton presidential campaign, and CIA spying on us using our cell phones and smart TVs was the most embarrassing revelations ever revealed about the American war machine and it’s diplomatic corps.
In retaliation the US establishment and its institutions including both political parties and the intelligence agencies took their revenge on Julian by first smearing him, according to a Defense Department directive, and then threatening him with being charged as a spy under the Espionage Act so that he had to take refuge in the Ecuadorian Embassy.
Then former President Donald Trump indicted Assange for espionage and had their British collaborators remove him from the Ecuadorian Embassy and put him in London’s Belmarsh, a notorious maximum-security prison, where he has been tortured daily for the last three years by being held in solitary confinement and denied adequate medical care.
The United States and its servant the British Crown Prosecutorial Service trashed the rule of law throughout the entire extradition proceeding. They lied about the conditions of confinement Assange would face in United States. Even the trial judge thought he might kill himself. The extradition order is eminent.
AssangeDefense
Guest – Deborah Hrbek is a founding partner at Hrbek Kunstler, a Manhattan entertainment law firm that has represented WikiLeaks in media law matters since 2015. In the course of her work with WikiLeaks journalist and filmmakers she has visited Julian Assange many times, both at the Ecuadorian Embassy at London where he was there as a political Ashlee and in recent years in Belmarsh prison, a maximum-security prison where he has been incarcerated since April 2019. Hrbek is one of the plaintiffs in “Kunstler versus the CIA”, an action that seeks to hold the US government accountable for its illegal activities in connection with its prosecution of Julian Assange.
Hosted by attorneys Michael Smith and Jim Lafferty
——————————————-
The Movement To Stop “Cop City”
Less than two weeks after Atlanta police fatally shot an environmental activist, officials held a news conference to announce they are moving forward with plans to build a massive police and firefighter training center. Protesters have dubbed the $90 million Atlanta Public Safety Training Center “Cop City.”
Plans to build the training center have met with opposition from the local community and out-of-staters. Trees would be felled, undermining the city’s efforts to save its tree canopy and increasing the risk of flooding. Others oppose the center for its practice of “urban warfare” and its proximity to poor and majority-Black neighborhoods. The Atlanta Police and Fire Chiefs claim the center will replace substandard trainings and boost morale. The police department especially has had difficulty hiring and retaining officers.
The January 31 news conference came nearly two weeks after the January 18 police killing of an activist known as Tortuguita, after officials claimed that the 26-year-old shot a state trooper. Officers said they fired in self-defense, but protesters question the police narrative, noting the lack of body camera footage of the shooting. Joining us to talk about Stop Cop City and the national epidemic of police violence is Kamau Franklin.
Guest – Kamau Franklin is a former practicing attorney from New York, the founder of the national grassroots organization Community Movement Builders, and co-host of the podcast “Renegade Culture.”
—-
No Equal Justice: The Legacy of Civil Rights
Professor Peter Hammer is the Director of the Damon J Keith Center for Civil Rights at Wayne State Law School, and has long been a strong advocate for shining light on the intersection of race, class, power and the law. He has published scores of articles and books covering such critical issues as the Flint Water Crisis, the Detroit Future Cities, healthcare, education, racism and capitalism, among others.
What brings us here today is that he and his colleague, Professor Emeritus Edward Littlejohn, recently wrote a critically acclaimed book No Equal Justice: The Legacy of Civil Rights Icon George W. Crockett Jr, just released in 2022. This book tells the amazing story of George W. Crockett and his trailblazing life. He was the grandson of a slave and son of a carpenter. Crockett became the only Black graduate of University of Michigan Law School in 1934, the first Black man to work as a staff attorney for the United Auto Workers in the 1940’s, the first Black law partner in the first integrated law firm in the country in the 1950’s, one of the first Black men to be elected as a judge on Detroit’s criminal court in the 1960’s, and the oldest African American ever elected to the U.S. Congress.
He was also, along with Ernie Goodman and Maurice Sugar, one of the founders of the National Lawyers Guild, the first integrated bar association in the country, in which he played a critical role during the civil rights movement of the 1960’s, including the creation of the NLG Committee to Assist Southern Lawyers.
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
———————————-
The January 6 Report
The January 6 Report” by the House January 6 Committee has just been published by Harpercollins. It is a page turner. Most strikingly, the report documents the multi-pronged attack that Trump plotted. The crucial point made by the January 6 Committee report is demonstrating the profound misconception to view the January 6 invasion of the Capitol as merely a group of Trump supporters gone wild. The plot was not limited to the January 6 violence at the Capitol.
Rather, as the report documents, January 6 was a culmination of months of plotting by Trump to overthrow a lawful election and stay in power. He came very close to accomplishing a coup d’état, a blow against the state. Democracy in the United States, however limited, would’ve ended.
The American constitution was written in Philadelphia in 1787. Benjamin Franklin was there. When they concluded Franklin famously said “we have a republic, if we can keep it.“ Can we keep it? Will Trump be indicted by the Department of Justice and convicted for the criminal activity he orchestrated in order to keep himself in power, after losing the election two years ago by seven million votes? If he is not indicted, what will be the impact on the future of democracy in the United States?
Guest – attorney Stephen Rohde who recently reviewed The January 6 Report with a forward by the author Ari Melber. Rohde’s review appeared in “ Truthdig” and in the LA Progressive“. Attorney Stephen Rohde is a constitutional scholar, past Chair of the ACLU Foundation of California, an author of books on the Constitution, who frequently reviews books for the Los Angeles Review of Books. And Mr. Rohde is a leader in the national campaign to free the imprisoned investigative journalist Julian Assange.
—-
Martin Luther King Jr. : A Dream Realized
We take a look at where the long struggle to end racial injustice stands in the United States today. Oh, some progress has surely been made, but to say we’ve a very long way to go before Martin Luther King Jr.’s dream can be considered “realized” is both true and also a sad and gross understatement; a sad commentary on the role that white privilege and racial hatred continue to play in the United States, hundreds of years since our founding.
Guest – Attorney Sharon Kyle is the publisher and co-founder of the LA Progressive on-line newsletter and a former president of the Peoples College of Law, a law school in Los Angeles established by the National Lawyers Guild and other minority bar associations. Sharon Kyle is a member of the board of the ACLU Affiliate of Southern California and is its representative to the national board of the ACLU. Sharon Kyle is also an active member of the Los Angeles area Julian Assange Defense Committee; a member of the editorial board of the Black Commentator.com. Years before immersing herself in the law and social justice, Sharon Kyle was a member of several space flight teams at NASA’s Jet Propulsion Laboratory.
——————————-
The Supreme Court Is About To Eviscerate The Right To Strike
Sixty-four years ago, workers and unions gained protection from state lawsuits while pursuing unfair labor practice claims with the federal National Labor Relations Board (NLRB). On January 10, the Supreme Court heard oral arguments in a case that threatens to unravel those protections. A company called Glacier Northwest is suing the International Brotherhood of Teamsters Local Union No. 174, after 85 truck drivers walked off the job. If the high Court rules in favor of Glacier, unions will have to defend against costly lawsuits. And that will likely discourage them from going on strike. A Court decision is expected by the end of June.
Seventy-one percent of the U.S. public supports labor unions. That’s the highest number since 1965. And with an increase in economic inequality, union strikes are on the uptick.
Founded in 1903, the International Brotherhood of Teamsters represents 1.2 million workers in the U.S., Canada, and Puerto Rico. Teamsters President Sean O’Brien remarked that: “Workers in America have the fundamental right to strike, and American workers have died on picket lines to protect it.” In recent years, however, the ultra-right-wing Supreme Court majority has issued decisions systematically eroding these rights.
Guest – Attorney Marjorie Cohn is a legal and political analyst who provides commentary on local, national and international media. She is professor emerita at Thomas Jefferson School of Law, a member of the bureau of the International Association of Democratic Lawyers and the board of Veterans for Peace. Her most recent book is “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.” Marjorie Cohn at Truthout
—-
Free Range Kids
You may have heard about the shaming of parents who let their son or daughter walk to school by themselves, or ride public transportation alone. They’re often ridiculed on social media and cast as neglectful. But in some instances, the consequences have gone beyond public shaming.
In 2015 parents in Silver Spring, Maryland made national headlines they were investigated for child neglect for letting their children, ages 6 and 10, walk home from a park by themselves.
In another case Lenore Skenazy, a former New York Daily News columnist was called America’s worst mom after writing a column in 2008 about why she let her 9-year-old son ride the subway by himself.
Last year, Utah passed a law making it not a crime for parents to let their children play in a park without supervision or walk home alone from school. This is hopeful news for our guest Lenore Skenazy who has been advocating for so-called free range parenting laws for many years.
Under the law, neglect does not include allowing a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities such as going to and from school by walking, running or bicycling, going to nearby stores or recreational facilities and playing outside.
A recent U.S. Census showed that 7 million of the nation’s 38 million children between the ages of 5 and 14 are left home alone on a regular basis, while the average time spent alone is six hours per week. Only a few states legislate an age under which kids may not be home alone.
Guest – Lenore Skenazy – New York City columnist-turned-reality TV show host got that title after letting her 9-year-old son take the subway, alone. In response to the enormous media blowback, she founded the book and blog, “Free-Range Kids,” which launched the anti-helicopter parenting movement. She has lectured internationally, including talks at Microsoft Headquarters and the Sydney Opera House, and has written for everyone from The Wall Street Journal to Mad Magazine. Yep. The Mad Magazine. And she’s a graduate of Yale.
Hosted by attorneys Heidi Boghosian and Marjorie Cohn
————————————–
The Sickness is the System: When Capitalism Fails to Save Us from Pandemics or Itself
We all know almost instinctively that there is a connection between politics and economics. Today we talk with Professor Richard Wolff about that connection. We live in a world in economic turmoil, all the more so because of the US and NATO proxy war against Russia in Ukraine.
At home in the United States, we have the greatest wealth disparity and income disparity in a century. When Standard Old,now Exxon, owner John D. Rockefeller died he was worth $3 billion. Now Jeff Bezos is worth about $180 billion. There has not been a national increase in the minimum wage of $7.25 an hour in decades. Half the people in America are poor or near poor.
There has been a dramatic increase in labor militancy by American workers not seen since just before and just after World War II. US world hegemony is starting to fray even as the military budget increases.
This month Congress passed a budget bill with half of it going to the military. The military received 45 billion dollars more than they even asked for. What is going on? What are the prospects for political action independent of these two capitalist parties?
Guest – Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst, and a Visiting Professor in the Graduate Program in International Affairs of the New School University, NYC. He is the founder of Democracy at Work and host of their nationally syndicated show Economic Update. His latest book is The Sickness is the System: When Capitalism Fails to Save Us from Pandemics or Itself, which can be found along with his other books Understanding Socialism and Understanding Marxism at www.democracyatwork.info.
—-
Israel’s Far Right Agenda
As reported in the New York Times, less than two weeks into its tenure, Israel’s new and extreme neo-fascist right-wing government has already undertaken a wave of items from its far-right agenda. Items that are designed to weaken the judiciary, entrench Israel’s control of the West Bank, and bifurcate the military’s chain of command so as to give far-right ministers greater control of matters related to Israel’s occupation.
It is likely to have profoundly negative implications for the Palestinian people, as well as profound implications for the already dismal chances of finding a peaceful resolution of the decades long Israeli/Palestinian conflict. Even a great numbers of Israelis have grave concerns about its new government and what its announced plans may mean for them.
Guest – Sandra Tamari is a Palestinian organizer and the Executive Director of Adalah Justice Project. She was the Co-chair of the Steering Committee for the U.S. Campaign for Palestinian Rights from 2015-2018 and a lead organizer of the Palestinian contingent to Ferguson, Missouri, in 2014.
———————————-
You Might Go to Prison, Even Though You’re Innocent
There is a common belief that if you’re arrested, you are probably guilty because “where there’s smoke, there’s fire.” People assume that only the guilty confess to crimes because why would an innocent person confess to a crime they didn’t commit? And when a person pleads guilty or is convicted by a jury, that’s the end of the matter, in the minds of most people.
In fact, many innocent people are arrested, especially people of color, due to racial profiling and other forms of discrimination by law enforcement. Implicit bias often infects the case as it moves through the criminal legal system – from the initial police stop, to interrogation, arrest, charging, trial and sentencing. This is particularly tragic when a person is charged with a capital crime for which the death penalty is imposed and that sentence is carried out.
However, it is estimated that 10,000 to 20,000 people are currently serving time in prison after being convicted of crimes they did not commit, largely due to prosecutorial misconduct and police misconduct. Unfortunately, even when exonerated, the psychological and physical damage done is so extensive that many people are never able to fully recover from the trauma. In addition, when the wrongful conviction is solely the result of prosecutorial misconduct, those convicted have no legal recourse to be compensated for the wrong done to them because of prosecutorial immunity.
Guest – Justin Brooks criminal defense attorney and law professor has spent decades working to free innocent people from prison. The Founding Director of the California Innocence Project, Brooks is the author of the provocative new book, “You Might Go to Prison, Even Though You’re Innocent.” In it, he discusses false identifications, junk science, lying snitches, and incompetent defense lawyers – which too often lead to the imprisonment of innocent people.
—–
Junior ROTC In High Schools: Pressure To Join
On her first day of high school, Andreya Thomas and several other freshmen at Detroit’s Pershing High School learned they were enrolled in a class called J.R.O.T.C., or Junior Reserve Officers’ Training Corps. School administrators told them the program was mandatory.
Funded by the U.S. military, the program required students to wear military uniforms in class, recite patriotic declarations, and obey orders from an instructor who often yelled at them. When several tried to drop the class, school officials refused permission, even though the Pentagon says that requiring students to take the programs runs counter to its guidelines. The New York Times recently learned that thousands of public-school students were enrolled in J.R.O.T.C. either as a requirement or through automatic enrollment. Most of the schools with high enrollment numbers were attended largely by nonwhite students and those from low-income households.
Critics of Junior ROTC say that the program’s militaristic discipline prioritizes obedience over independence and critical thinking. And as we reported earlier on Law and Disorder, and now noted by the Times, the program’s textbooks often rewrite or downplay the failings of the U.S. government. With its concentration in schools with low-income and nonwhite students, some claim J.R.O.T.C. encourages students to enlist in the military rather than explore other routes to college or jobs in the civilian economy.
Guest – Rick Jahnkow works for two San Diego-based anti-militarist organizations, the Project on Youth and Non-Military Opportunities, or YANO, and the Committee Opposed to Militarism and the Draft. We spoke earlier with Rick about YANO’s J.R.O.T.C. textbook review project.
—————————————–
Cars and Jails: Freedom, Dreams, Debt and Carcerality
What is the connection between cars and jails? Every day more than 50,000 Americans are pulled over by police officers while driving. Most of them will come away from this encounter owing money to the municipality or county in which they were stopped. Some will be arrested. They will join the nearly 9,000,000 Americans to cycle through our countries’ jails each year.
Police can choose from hundreds of traffic code violations to make a pretext stop and conduct a vehicle search. This may result in a fine or or an arrest.
American consumer lore has long held the automobile to be “freedom machine” consecrating the mobility of a free people. Yet paradoxically, the car also functions at the crossroads of two great systems of unfreedom and immobility – the credit economy and the American carceral system.
Guest – Andrew Ross who along with his co-author Julie Livingston has investigated this paradox and written the book “Cars and Jails: Freedom, Dreams, Debt and Carcerality”. It was just published by OR Books. The book shows how the long arms of debt and the carceral state operate in tandem in the daily life of car use and ownership. Andrew Ross is a professor of social and cultural analysis at New York University, and a social activist and analyst. He has authored and edited numerous books and has written for the New York Times, the Guardian, The Nation, and Al Jazeera.
—-
Remembering Michael Ratner
Hosts Heidi Boghosian and Michael Smith remember Michael Ratner as cohost, activist, radical attorney, author and close friend. In this show, hosts reflect on Michael’s work and listen back to several monologue updates. They include his work as co-counsel for Wikileaks founder Julian Assange, the Dahiya Doctrine, SNAP- Survivors Network of those Abused by Priests, NSA survelliance in the Bahamas and Guantanamo Bay prisoner exchange.
- EFF: Rest In Power
- CCR Statement
- Guardian: Michael Ratner – Wikileaks
- New York Times: Michael Ratner
Michael Ratner (1943-2016) was president emeritus of the Center for Constitutional Rights and author of Guantanamo: What the World Should Know. Michael worked for decades, as a crusader for human rights both at home and abroad litigating many cases against international human rights violators resulting in millions of dollars in judgments for abuse victims and expanding the possibilities of international law. He acted as a principal counsel in the successful suit to close the camp for HIV-positive Haitian refugees on Guantanamo Base, Cuba. Michael Ratner has litigated a dozen cases challenging a President’s authority to go to war, without congressional approval. In the wake of the September 11 attacks, the Center has focused its efforts on the constitutionality of indefinite detention and the restrictions on civil liberties as defined by the unfolding terms of a permanent war. Among his many honors were: Trial Lawyer of the Year from the Trial lawyers for Public Justice, The Columbia Law School Public Interest Law Foundation Award, and the North Star Community Frederick Douglass Award.
Hosted by Attorneys Michael Smith and Heidi Boghosian
——————————
Alternatives to Policing
One of the pressing issues of the day is policing in America, notably how to confront the disproportionate unconstitutional use of force, shootings, arrests and prosecutions of Black African Americans and other people of color, with impunity. Can it be reformed? Or, must it be dismantled? On December 6 our own Julie Hurwitz facilitated a panel discussion at Wayne State Law School called “Alternatives to Policing.” It was sponsored by the NLG, Mich Coalition for Human Rights, Coalition for Police Transparency and Accountability and the Damon J. Keith Center for Civil Rights.
The panelists at this event:
Erin Keith: Managing Policy Counsel for Detroit Justice Center and an outspoken advocate on behalf of the Abolition/Defund movement, presents a thoughtful and clearheaded analysis of the fact-based evidence in support of this movement.
Michigan Congresswoman Rashida Tlaib: Discusses her efforts to fight from within US legislature to redirect resources away from policing and toward a broader understanding of “public safety” to include the need to confront head-on poverty, homelessness, health care, mental illness and the criminalization of people of color.
Andrea Ritchie: Attorney, writer, gay activist, and nationally recognized expert on policing and criminalization; Addresses the particular impact that policing in America has on Black/Women/Queer/trans people, and discusses her recently released book “No More Police.”
Michigan State Senator Stephanie Chang: discusses her efforts within the Michigan legislature to introduce state-wide laws that would create a modicum of accountability around: the use of force, decertification of “bad cops”, choke holds, no-knock warrants, foot pursuits and body worn cameras.
Alternatives To Policing Video
Hosted by Attorneys Heidi Boghosian and Julie Hurwitz
——————————-
The Greatest Evil is War
United States has been at war almost continuously over the last 80 years. Chris Hedges has titled his latest book, The Greatest Evil is War. He is our guest today. What is the driving force behind this nearly a century of war? Who is responsible? What are the institutions in United States that carry it on? What is to be done about it?
What forces in our country can stop the slaughter and the constant waste of resources that is consuming us and threatening us with the possibility of nuclear war, which would wipe out all life on our planet. Today we will explore the economic, institutional, and ideological underpinnings of the American war machine. We will talk about the military industrial complex about which Eisenhower warned us. We will talk about its handmaidens, the media, Congress, the universities and the think tanks which advocate for war.
We will talk about the political consequences of permanent war and the fascist direction America is increasingly going in. Most profoundly we will talk about capitalism and fascism from which it springs. And finally we will talk about the social forces necessary to stop and reverse war.
Guest – Chris Hedges spent two decades as a foreign correspondent, 15 of them with The New York Times, covering conflicts in Central America, the Middle East, Africa and the former Yugoslavia. He learned overseas that the evils of empire are the external expression of white supremacy, just as mass incarceration, which he describes as the civil rights issue of our age, is the most brutal internal expression of white supremacy. Prisons , he writes, are the modern iteration of slave plantations. Hedges is the author of 14 books, The winner of a Pulitzer Prize for journalism, a graduate of Harvard Divinity school, and an ordained Presbyterian minister. chrishedges.substack.com
—-
American political prisoner Mumia Abu-Jamal has served 40 years Is Pennsylvania’s harshest prisons-16 of them on death row -for the murder of a Philadelphia police officer which he did not commit
The judge who convicted him was overheard promising“I’m going to help fry the N-word“.
Mumia is an important figure in African-American history. Before his conviction he was a nationally broadcast award winning radio journalist and the head of the Philadelphia Association of Black journalists. He reported on the murderous racial violence of the Philadelphia police department and it’s notorious Police Chief and then Mayor Frank Rizzo.
He had been a member of the Philadelphia chapter of the Black Panther Party. While in prison Mumia has written 13 books and had a weekly radio show “ Live from Death Row“. He holds a masters degree and is working on a PhD in history.
On October 26, 2022 Mumia’s attorneys appeared in court in an effort to get him a new trial. His defense petition included newly discovered evidence that had been buried in the prosecutor’s files. This evidence documented a key witness receiving promises of money for their testimony and evidence of favorable treatment of another in a criminal case. The petition also documented the unconstitutional practice of striking Black jurors during Mumia’s original trial.
Judge Lucretia Clemons preliminarily denied his constitutional right to present this information. She is likely to finalize this ruling on his upcoming court date in Philadelphia on December 9, 2022.
Guest – Noelle Hanrahan is the director of Prison Radio, a multimedia production studio that brings to the public the voices of incarcerated women, men and children. She seeks to honor the agency and humanity of prisoners by bringing their uncensored essays into mainstream discourse. She has produced over 3,500 multimedia recordings from over 100 prison radio correspondents, including the critically acclaimed work of Mumia Abu-Jamal. In 1995, she brought out of prison his first book, Live From Death Row (Harper Perennial), which became a best seller. In 2013, she co-produced the theatrically released feature documentary Mumia: Long Distance Revolutionary (Street Legal Cinema/First Run Features). She received her BA in Gender, Race and Class in the 19th and 20th Centuries from Stanford University, and an MA in Criminal Justice from Boston University. She also holds private investigator licenses in Pennsylvania and Rhode Island.
————————————–
War in Ukraine: Making Sense of a Senseless Conflict
Since February 24, 2022, the day that Russia illegally invaded Ukraine, hundreds of thousands of Ukrainians and Russians have been killed or otherwise become casualties. Eight million Ukrainians have been forced to flee their homes, and hundreds of thousands of Russians have fled conscription. Millions of people in Ukraine have no heat, electricity or water and temperatures are below freezing. The war has devastated 35% of Ukraine’s economy.
Western sanctions on Russia have led to skyrocketing inflation in Europe, and a dangerous squeeze on energy supplies is crippling manufacturing. The war has also devastated infrastructure, reducing electrical grids, railways, apartment buildings and oil depots to rubble. It has filled the air with pollutants and toxic waste that is contaminating rivers and groundwater.
The war is also exacerbating the climate crisis. The fossil fuel industry is profiting from the sanctions which provide it with an excuse to increase dirty energy exploration and production.
The Western media portrays the war as a conflict between the evil empire Russia and the innocent Ukraine. Lost in the heartbreaking images, however, is a nuanced understanding of the context for the war, what caused it, and how it can be ended. The role of the United States in the historical backdrop to the war and the current U.S. resistance to a peaceful settlement are absent from the coverage in the corporate and even much of the alternative media.
Guest – CodePink co-founder Medea Benjamin, who has co-authored with Nicolas Davies the new book, “War in Ukraine: Making Sense of a Senseless Conflict.” Medea is one of the leading activists of our time. Wherever people are hurting, we can expect to see Medea and CodePink there.
—-
Disengaging from Violent Far Right Extremism
Since 2019, the number of white nationalist networks in the United States has been declining. More centralized ones, however, are supplanting them. An example of this, according to the Southern Poverty Law Center, is how founders of the podcast platform The Right Stuff have switched from organizing “pool party” groups to focusing on building the racist and antisemitic National Justice Party.
Many prominent leaders in this new iteration of white nationalism say their primary goal is to challenge “Conservatism, Inc.” Live-streamer Nick Fuentes is one. He recently dined with Donald Trump and Kanye West at Mar-a-Lago and was present outside the U.S. Capitol on Jan. 6, 2021. Fuentes seeks to harness the grievances of Trump supporters into an overtly ethno-nationalist political movement, forming the Republican party’s core.
Ideas once confined to the organized white power movement are now openly discussed within the broader political right. The so-called “great replacement” conspiracy, holding that white people are being systematically replaced across the Western world by “multiculturalists” and Jews, is routinely cited as a reality by some elected officials and media pundits.
Guest – Patrick Riccards is the CEO of Life After Hate, an organization that helps people leave the violent far right. Founded in 2011 by former violent extremists, it’s the only nationally recognized and federally funded nonprofit positioned to assist those wishing to disengage from violent far right extremism. An expert in education, Patrick also founded the Driving Force Institute for Public Engagement, an initiative aimed at transforming how U.S. history and civics are taught. An award-winning writer, Patrick serves on the boards of several nonprofits.
Hosted by attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
—————————————————
Books Unbanned
Authoritarian institutions and regimes ban books. They tell people what they can and cannot read. The Catholic Church once banned the book by mathematician Johannes Kepler which demonstrated that the earth travels around the sun and not vice versa.
Many of us know about the bonfires of banned books by the “degenerate Jews” Sigmund Freud and Karl Marx that the Fascist Hitler regime lit with a frenzy.
Can this happen in America? It has already started. Many state legislatures have moved to ban books. Some 250 titles have been put on a list of books that cannot be assigned to grade schoolers and highschoolers including such classics in the American canon as “To Kill a Mockingbird”’ and even “ Catcher in the Rye”
The censors don’t want to encourage free spirits. They don’t like criticism. For them the ideal citizen does not think for himself or herself, keeps her mouth shut, and goes along.
The Brooklyn public library is fighting for the rights of teenagers and young adults to read what they like, discover themselves, and form their own opinions. The library launched a campaign called “Books Unbanned” in response to the increasingly coordinated and effective effort to remove books from shelves which tackle a wide range of topics.
There were 1597 individual book challenges last year, the highest of 20 years since the American Library Association has been keeping track.
The Brooklyn public library is the sixth largest in the country. It started defending the right to read last April by giving free library cards to young people in every state in the union. So far 5100 cards have been given out. 52,000 e-books or audiobooks have been checked out. The books that are most frequently challenged are those on sexuality and those on racism.
Guest – Nick Higgins, Chief Librarian at Brooklyn Public Library, leading the development of transformative library services and spaces for the borough’s residents at 61 sites. Along with providing traditional programs and experiences for Brooklynites, Nick and his team have expanded the Library’s reach by creating unique programs for older adults, individuals and families impacted by the justice system, immigrants, and people experiencing homelessness. Nick holds a BA in Literature from Hunter College and a MLS from the Pratt Institute. Booksunbanned@bklynlibrary.org
—-
Law and Disorder hosts Heidi Boghosian and Michael Smith remember New York City Attorney and publisher Bill Schaap.
Bill Schaap died in his home on February 25th after a long illness. He was 75. After graduating from the University of Chicago Law school in 1964 Schaap worked for the Center for Constitutional Rights on its project in Japan representing antiwar GIs during the Vietnam war. For 20 years he and his companion the late Ellen Ray lived in Washington DC and published and wrote for the magazine “Covert Action Quarterly” which exposed the crimes of the CIA. In its early years they named CIA agents, until a naming names act was passed by Congress making the exposure of agents a crime. In the early 80s they moved to New York City and founded Sheridan Square Press. They published books about the CIA by former CIA agents. Most prominently they published New Orleans district attorney Jim Garrison’s book “On the Trail of the Assassins” showing CIA involvement in the Kennedy assassination. The book became a New York Times bestseller and was the basis for the Oliver Stone movie “JFK”. In the early 90s they founded the Institute For Media Analysis and began publishing the magazine “Lies of Our Times”, a magazine of media criticism. Bill Schaap was a recognized expert in government propaganda and wrote and spoke widely and frequently on the topic.
—-
Lawyers You’ll Like: Attorney Bill Schaap
Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.
Attorney William Schaap:
- One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
- It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
- I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
- She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
- I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
- When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
- Once you learn that, you learn about the CIA.
- That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
- The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
- We were so successful that Congress passed a law against us.
- Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
- They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
- We thought if we identified these people, it might make their job a little bit harder, which it did.
- Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
- He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
- He was not the person discovering who the under cover people were, Lou Wolf was doing that.
- Phil wrote articles for us in every issue and we worked very closely with him.
- Once you start exposing these things, they really don’t have any defense.
- They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
- We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
- They would plant bugs in our attic in Okinawa, things like that.
- The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
- Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
- We were just tired of people thinking that if it was in the New York Times it must be true.
- The fact is that those people lie all the time.
- I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.
Guest – Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.
In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of media and intelligence.
—————————-
Can A Lawsuit Against The CIA Affect U.S. Extradition Attempt of Julian Assange?
In August 2022, a group of U.S. citizen attorneys and journalists sued the CIA and its former director Mike Pompeo. They alleged that the CIA, during Pompeo’s tenure, spied on them during meetings with Julian Assange at the Ecuadorian Embassy in London. The WikiLeaks founder sheltered there for 7 years in an effort to avoid extradition to the United States.. Assange is charged with 17 counts under the Espionage Act for revealing evidence of U.S. war crimes. If convicted, he faces 175 years in prison.
The lawsuit says that the CIA violated the privacy rights of those journalists and lawyers. Plaintiffs include journalists Charles Glass and John Goetz, and New York City attorneys Margaret Kunstler and Deborah Hrbek, who have represented Assange. The suit seeks compensatory and punitive damages for the plaintiffs for the violations of their rights. It also seeks the removal of any information held by the CIA which was collected from them during their visits to see Assange and prevention of the release of any this information to a third party.
The CIA, as listeners may know, is prohibited from collecting intelligence on U.S. citizens, although several lawmakers have alleged that the agency maintains a secret repository of Americans’ communications data. Richard Roth, the lead attorney in this case, had this to say: “The United States Constitution shields American citizens from U.S. government overreach even when the activities take place in a foreign embassy in a foreign country.”
Journalists and lawyers visiting Assange were required to surrender their electronic devices to Undercover Global before each visit. U.C. Global is a private security company which was providing security to the embassy. The lawsuit alleged that the company copied that information and handed it over to the CIA.
In early November, Deborah Hrbek and our own Marjorie Cohn discussed the lawsuit and the case against Assange, in a program sponsored by the First Unitarian Society of Milwaukee. For our show today, we’re delighted to bring you their remarks and answers to several audience questions. Deborah Hrbek starts off the event. In addition to being a member of the Assange defense team, her law practice focuses on entertainment and small business law. Marjorie is a member of the national advisory board of Assange Defense.
Hosted by Attorney Heidi Boghosian
—————————————–
To Catch a Dictator: The Pursuit and Trial of Hissene Habre
Human rights attorney Reed Brody’s page turning book To Catch a Dictator: The Pursuit and Trial of Hissene Habre is being released in November 2022. Habre was the dictator of Chad, a landlocked country in central Africa from 1982 to 1990. He was deposed by a coup and exiled to nearby Senegal.
Attorney Reed Brody of Human Rights Watch led a coalition of human rights activists, lawyers, and victims which brought Habre to justice. The lead trial lawyer for the victims was African attorney Jacqueline Moudeina.
Habre was found guilty in a courtroom in Dakar, Senegal in May 2016 of rape, sexual slavery, torture, and the killing of over 40,000 citizens of Chad. He was the first former head of state to be convicted of crimes against humanity in the courts of another country.
We speak today with Reed Brody who worked for 18 years with Human Rights Watch alongside Hissene Habre’s victims.
Guest – Reed Brody has helped pursue dictators Augusto Pinochet of Chile, Jean Claude “baby doc” Duvalier of Haiti, and Yahya Jamaeh of Ghana. He also uncovered atrocities of US backed contras in Nicaragua, led UN missions in El Salvador, in the Congo, and exposed Bush – administration torture.
—-
Fairness and Accuracy In Election Coverage
Virtually everyone agrees that the mainstream corporate media in the United States plays a major role in who wins elections. But on the right, a great many are convinced that what they characterize as the “liberal media” is not to be believed, thanks to Trump and his cries of “the lying media”, while on the left, most argue that since the mainstream media is corporate, it operates for the benefit of those candidates most likely to advance the interests of corporate America.
So today we examine the role played by the mainstream media in our elections. How truthful is its election reporting? What role does “social media” play in the electoral process? If, indeed, the mainstream media plays a role in our elections, is it, in fact, a decisive role? And if it is, how does it do that? Well, if you stay tuned, I truly believe you will be surprised by some of what you learn today. I say that because today we’ve got the perfect guest to help us examine this topic in all of its permutations. He is Norman Solomon, certainly one of America’s true champions of a free and honest press.
Guest – Norman Solomon is a longtime associate of Fairness and Accuracy in Reporting (“F.A.I.R.”), which has proved to be a powerful watchdog of the American media. Norman Solomon is the co-founder of the online activist organization RootsAction.org, and he is also the Executive Director of the Institute for Public Accuracy. He is, of course, the author of too many articles to recite here, as well as a number of books, including “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death;” also, the book “Made Love, Got War: Close Encounters with America’s Warfare State.”
A Poem by Raymond Nat Turner About L.A. City Council
Hosted by Attorneys Michael Smith and Jim Lafferty
———————————–
Israel Authorizes Military to Kill Palestinians With Drones
In October, the Israeli government announced that commanders of the Israeli Occupying Forces have been authorized to use armed drones to kill Palestinians in several parts of the occupied West Bank, with the approval of Chief of Staff-Lt. Gen. Aviv Kohavi.
Since 2008, the Israeli Air Force has been killing Palestinians in Gaza with drones, especially during protests against the Annexation Wall and colonies. Drones have also been used to fire gas bombs and live rounds at residents in cities, towns, and refugee camps of occupied Jerusalem. Drones are employed for surveillance, but this is the first time that weaponized drones will be used in the occupied West Bank. Drones make up 80% of the total flight hours in the Israeli Air Force.
Here to discuss this disturbing development is our own Marjorie Cohn, who recently published an article in Truthout titled Israel Authorizes Military to Kill Palestinians With Drones in the West Bank.
Guest – Attorney Marjorie Cohn is a legal and political analyst who provides commentary on local, national and international media. She is professor emerita at Thomas Jefferson School of Law, a member of the bureau of the International Association of Democratic Lawyers and the board of Veterans for Peace. Her most recent book is “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.”
—-
State Of The Free Press: The News That Didn’t Make the News And Why 2023
The United States has a disinformation problem so endemic that the government says it threatens our national security. Effective solutions have proven elusive. When the Department of Homeland Security created a disinformation board in April, critics from all sides denounced it as a potential tool of censorship. That’s no surprise given that censorship is on the minds of many. During the past school year, more than 1,600 books were banned, according to a PEN America report. And the “cancel culture” movement teeters between a tool of accountability and outright shaming, often with little regard for the truth.
Since 1976, one group has been working to raise awareness about censorship in our society, and the urgent need for media literacy. Founded as a media research program, Project Censored focused on student media literacy and critical thinking skills as applied to the US news media. In 1993, the Project began publishing an annual book with a list of what it considered the most significant but most under-reported news stories of the year.
Dr. Andy Lee Roth is associate director of Project Censored. Along with Mickey Huff, he co-edits the State of the Free Press Yearbook series. He also helps coordinate the Project’s Campus Affiliates Program, which links students at faculty at several dozen US college and university campuses in the collective effort to identify and vet important but under reported news stories.
Guest – Andy Lee Roth joins us to talk about the 2023 edition of State Of The Free Press: The News That Didn’t Make the News and Why, that will hit bookstores in December. In addition, the Censored Press and Triangle Square Books for Young Readers recently published The Media and Me. It contains critical thinking skills, practical tools and real-life perspectives, intended to help young adult readers become independent media users.
Hosted by Attorneys Heidi Boghosian and Marjorie Cohn
—-
To Govern the Globe: World Orders and Catastrophic Change
Today we speak with University of Wisconsin history professor Alfred McCoy about his new book “To Govern the Globe: World Orders and Catastrophic Change.” The United States of America has been governing the globe now for 80 years, since World War II. This is about to end. By 2030, China will have the world’s largest economy and hold more riches than the U.S., which is deeply in debt.
The America we know will change drastically as a world power just as the previous world powers, the British, and before them the Dutch, and before them the Spanish and the Portuguese, all saw their empires end.
Climate change will upend the world. It has already started. The effects of climate change on the population of the world, especially China, will be catastrophic. The great coastal city of Shanghai, where 18 million people reside, will sink, uprooting millions of the 400 million Chinese people in the North China Plain.
What can we learn from the demise of the great world powers in the past? Where is the United States headed and how soon? What might be done to ameliorate this dire future? Only a prodigious historian could undertake to answer these questions.
Guest – Alfred W McCoy holds the Fred Harvey Harrington chair of history at the University of Wisconsin. He has written 20 books, including “The Politics of Heroin in Southeast Asia,” for which he became well-known, and recently, “In the Shadows of the American Century.”
—–
The Federalist Society, Charles Koch, The Bradley Foundation and The U.S. Supreme Court
The nation is still reeling from the Trump administration’s assaults to the rule of law, and their ripple effects on democratic institutions. But these attacks were the result of strategic planning over decades, and the handiwork of networks of well-funded think tanks and lobbyists. Some of the country’s richest and most conservative individuals are, with so-called Dark Money, anonymously supporting these efforts.
Chief among these forces is the Federalist Society. Not well known until recently, the Society has worked quietly since the Reagan administration to overhaul the Supreme Court into a bastion of conservatism. Enriched with Dark Money, it’s had an outsized impact on the composition of the federal and the Supreme Court. Recently, we’ve witnessed how hard-fought social gains of the 20th century have been taken away from Americans, and landmark Supreme Court decisions have been overruled such as Roe v. Wade and a woman’s right to reproductive freedom, and Lemon v. Kurtzman, guaranteeing the separation of church and state.
Guest – Attorney Lisa Graves, is the founder, director, and editor-in-chief of True North Research. Her analysis of such research has been cited by every major newspaper in the country. She has served as a senior advisor in all three branches of government. Lisa served as chief counsel for the US Senate Judiciary Committee for Senator Patrick Leahy. She was also a career deputy assistant attorney general the US Department of Justice. Lisa has spent the past 12 years examining the impact of dark money on judicial selection.
Hosted by Attorneys Michael Smith, Marjorie Cohn and Heidi Boghosian
—————————————————-
Project Blueprint: Haiti
Haiti is a nation in crisis, spiraling out of control since last year’s assassination of its president, Jovenet Moise. The government has cratered, and 200 violent gangs have seized control. There’s no fuel, and food and water are hard to come by. Businesses and schools are shuttered and hospitals, banks, and grocery stores teeter on the brink of closure. Clean water is scarce, and Haiti faces another cholera outbreak. An estimated one million people are starving in the middle of Haiti’s biggest city. Kidnappings, human trafficking, homicides and sexual and gender-based violence are rampant.
Last week, the UN Security Council unanimously adopted a resolution demanding an immediate end to violence and criminal activity in Haiti. It calls for sanctions on groups and individuals threatening peace and stability in the impoverished nation. The sanctions resolution implicated Jimmy “Barbecue” Cherizier, whose gang has blockaded a central fuel terminal. Cherizier is a former police officer leading a group of gangs known as the G9 Family and Allies. He now faces asset freeze, an arms embargo and a travel ban.
Institute For Justice and Democracy In Haiti
Guest – Human rights attorney Brian Concannon, Executive Director of Project Blueprint, and the founder and former Executive Director of the Institute for Justice and Democracy in Haiti. Brian has been qualified as an expert witness on conditions in the country of Haiti in more than 40 cases in courts both in the United States and Canada.
—-
A Century of Repression: The Espionage Act and Freedom of the Press
For more than a century, the 1917 Espionage Act has been used by the United States government to target critics of its foreign and military policy. From suppressing criticism of U.S. participation in World War I to present-day attempts to silence whistleblowers, political dissidents and journalists who expose our nation’s war crimes, the Espionage Act is a dangerous weapon in the federal government’s legal arsenal. It has been employed to limit freedom of speech, freedom of the press, and freedom of information.
In their new book, A Century of Repression: The Espionage Act and Freedom of the Press, Ralph Engelman and Carey Shenkman trace the use of the Espionage Act against Eugene Debs, Daniel Ellsberg, Edward Snowden, Chelsea Manning and Julian Assange, among others. During World Wars I and II, the Act was primarily directed at political opposition to government policies. During the Cold War, it was used to criminalize leaks, manipulate the flow of information, and mold public opinion. And during the “War on Terror,” the Act has been used as a means to combat digital disclosure and journalism.
Journalist Julian Assange, founder and publisher of WikiLeaks, is currently locked up in a maximum security prison in London while the Biden administration attempts to have him extradited to the United States to stand trial on Espionage Act charges that could result in 175 years in prison. The basis for the indictment against him is WikiLeaks’ revelation of U.S. war crimes in Iraq and Afghanistan.
Guest – Carey Shenkman is a constitutional lawyer and litigator focusing on freedom of expression, transparency and technology. He serves on the panel of experts at Columbia University’s Global Freedom of Expression Program, and consults on media rights issues before the United Nations and around the world.
————————————–
Capitalism in the Anthropocene: Ecological Ruin or Ecological Revolution
Time is running out for humanity to avoid a catastrophic planetary tipping point. The globalized system of capital accumulation has induced humanity to foul it’s on nest. The result is a planetary emergency that threatens all present and future generations and thrown into question the continuation of civilization and ultimately the very survival of humanity itself. Only by addressing the social aspects of the current planetary environment is it possible to develop the ecological and social resources for a new journey of hope.
The United Nations international panel on climate change, the IPPC, predicts that as a result of the increase in greenhouse gases by the year 2050 there will be 1 billion climate refugees. Temperatures must be held within a 1.5 Celsius increase. If it goes up, as predicted, an increase of 4 degrees would end civilization.
The crises we are in our multiple. Species extinction, ocean acidification, sea level rise depletion of soil, forest fires, broiling heat waves, hurricanes and drought have plagued us in the last few years. One third of Pakistan was underwater.
Guest – John Bellamy Foster, editor of Monthly Review magazine and a professor emeritus of sociology at the University of Oregon. He has written many books including The Robbery of Nature“ and “The Return of Nature. His most recent book is Capitalism in the Anthropocene: Ecological Ruin or Ecological Revolution.
—-
Impending Threats To American Democracy
In a recent New York Times article, by David Leonhardt, titled A Crisis Coming: The Two Twin Threats to American Democracy, Leonhardt, after first identifying the first threat being that things are now in place where for the first time in U.S. history, a legitimately elected president will not be able to take office, he identifies the second threat, as follows: “The second threat to democracy is chronic but also growing: the power to set government policy is becoming increasingly disconnected from public opinion. The run of Supreme Court decisions—both sweeping and, according to polls, unpopular—highlight this disconnect. Although the Democratic Party has won the popular vote in seven of the past eight elections, a Supreme Court dominated by Republican appointees seems poised to shape American politics for years, if not decades.”
And another headline in a recent edition of the New York Times reads, “Three Huge Supreme Court Cases That Could Change America.” And that article is simply one of many, of late, warning of how the ever-more conservative, indeed one could say, “reactionary” Supreme Court, in its just opened fall term, may well change America in a number of vastly different ways…and ways inconsistent with the majority political views of the American people.
Guest – Steve Rohde is the past chair of the ACLU Foundation of Southern California, the founder and current chair of Interfaith Communities United for Justice and Peace. He is a widely recognized expert on the U.S. Constitution, as well as a political activist. He is a prolific author. His books include American Words of Freedom and the book Freedom of Assembly. He has written numerous book reviews and articles on civil liberties and constitutional law, and his book reviews can be found frequently in the Los Angeles Review of Books.
Hosted by Attorneys Michael Smith and Jim Lafferty
————————————————-
Supreme Court May Outlaw Affirmative Action
In 2003, the Supreme Court held in the case of Grutter v. Bollinger that the 14th Amendment allows public universities to consider race as a factor to assemble a diverse student body. The Court reaffirmed that holding in 2016. There are now two cases pending on the Court’s docket that it may well use to overrule Grutter and gut affirmative action. The Court will hear oral argument in these two cases on October 31.
The Students for Fair Admissions is suing Harvard and the University of North Carolina-Chapel Hill, asking the Court to overturn Grutter. The group says its mission is helping “to restore colorblind principles to our nation’s schools, colleges and universities.”
“Colorblind” is a euphemism for allowing the conditions that created the racial inequality and unequal opportunity to continue.
UNC-Chapel Hill, wrote education journalist Nick Anderson in the Washington Post, was “founded to educate the enslaving elite of this Southern state, allied for generations with the cause of white supremacy, roiled by racial tensions in recent years over the fate of a Confederate monument and treatment of Black faculty members.”
On October 4, the Court heard oral argument in Merrill v. Milligan, which the conservative majority will likely use to uphold Alabama’s racist gerrymandered district map. During the argument, Justice Ketanji Brown Jackson mentioned the “race-conscious” goal of the drafters of the 14th Amendment, who were “trying to ensure that people who had been discriminated against … were actually brought equal to everyone else in society.” “That’s not a race-neutral or race-blind idea,” Jackson said.
With the radical right-wing supermajority on the Supreme Court, it is likely that the Court will outlaw affirmative action, using the so-called “colorblind” rationale.
Guest – Jason Williamson is Executive Director of the Center on Race, Inequality, and the Law at New York University School of Law. He teaches a course in Social Justice Lawyering and runs the Racial Justice Clinic.
—-
Up Against the Law: Radical Lawyers and Social Movements, 1960s-1970s
The 1960s and 1970s weren’t just the time when protesters took to the streets to fight for civil rights, and against the Vietnam War. It was also a period when radical lawyers defended dissidents and worked closely with them to bring their messages into the nation’s courtrooms and into the public sphere.
Luca Falciola has just published a book about the militant attorneys who fought for social change arm-in-arm with activists. Breaking from the traditional role of attorneys, they identified with their clients and their causes, and challenged the conservative rules and trappings of the legal profession. The book is titled Up Against the Law: Radical Lawyers and Social Movements, 1960s-1970s, published by the University of North Carolina Press.
At the heart of this work is the history of the National Lawyers Guild. Founded in 1937, the Guild was established as an alternative to the American Bar Association which was not racially integrated. Since Law & Disorder Radio began airing in 2005, its cohosts have been longtime Guild members and leaders. Many of our guests are Guild members as well.
Guest – Luca Falciola is a lecturer at Columbia University. His publications include the award-winning book about the Movement of 1977 in Italy, and several articles on various aspects of contentious politics between the 1960s and the 1980s.
Hosted by Attorneys Heidi Boghosian and Marjorie Cohn
—————————————
A Unified Movement of Peace
The world today is threatened with war, poverty, displacement and hunger like no other time since 1937 when World War II began with the Japanese invasion of China. Within four years the war had spread leading to the death of tens of millions of people. This included 50 million Russians, 400,000 Americans and finally hundreds of thousands of Japanese civilians in 1945 when the US initiated the nuclear age with the bombing of Hiroshima and Nagasaki demonstrating American power to the Russians. This initiated the Cold War which is now in a second stage. It must be stopped.
The American wars in Vietnam and Iraq were based on lies. We were told in 1965 by President Lyndon Johnson that the Vietnamese had attacked American ships in the Gulf of Tonkin. This was a lie. In 2003 we were lied to by President George W. Bush who told us that Saddam Hussein had weapons of mass destruction.
The proxy war in Ukraine against Russia is based on the ubiquitous lie that the Russians were unprovoked. It threatens to spin out of control. Why are we again in this situation and what can we do about it? What is desperately needed is a unified American peace movement.
Guest – Ray McGovern former CIA intelligence analyst, Ray briefed President George H. W. Bush every morning on intelligence matters, particularly with respect to Russia. He is a founder of VIPS, Veteran Intelligence Professionals for Sanity and a contributor to the blog Common Dreams.
—-
Doctors Lose Licenses For Properly Prescribing Opioids
The CDC wrongly thought pain management doctors were over prescribing opioids. The CDC issued guidelines in 2016 put limits on the amount of opioids doctors could prescribe thinking that high doses of Oxycontin lead to addiction and death. These guidelines were disastrous for chronic pain patients. Many were driven to buy illegal drugs on the street which were laced with poisonous fentanyl. In 2021 this led to 100,000 deaths in the United States.
Several insurance companies encouraged the CDC to impose limits on doctors prescribing Oxycontin and to taper their patients. Opioids are very expensive. The insurance companies were fortified in their erroneous belief by the efforts of a certain organization of doctors who are not pain management specialists.
When the CDC guidelines were exceeded, the Department of Justice threatened to indict doctors and got them to stop practicing medicine. The doctors gave up their medical licenses and licenses to prescribe narcotics. Some were prosecuted. Some went to prison. Some endured large fines. Seventeen hundred out of 6000 pain management doctors were removed from the practice of medicine.
Doctors who refused to taper were victimized. These doctors correctly believed that their patients were dependent on high dosages of opioids but were not drug addicts. These doctors understood that denying their patients high dosages of opioids would lead to suicides and deaths by overdose from street drugs.
The United States Supreme Court recently ruled in the case of The United States v Ruan that doctors have the right to treat their patients as they see fit without government interference, they ruled 9 to 0 that doctors who prescribed opioids in good faith did not have the requisite mindset, mens rea, to be found guilty of over prescribing.
Guest – Kelly Dineen Gillespie is a professor of law and the Director of the health law program at Creighton University School of Law. She teaches health law and bioethics. Dr. Gillespie holds a PhD in health care ethics as well as a law degree. Before attending law school she worked as a nurse in neurosurgery and transplant ICUs. She co-wrote two friend of the court briefs in the significant Ruan v United States case on behalf of professors of health law and policy before the US Supreme Court regarding criminal distribution under the Controlled Substance Act as applied to doctors‘ prescriptions. In June 2022, the Supreme Court adopted much of the reasoning advanced in these briefs in a unanimous decision supporting doctors.
————————————
Analysis: States Respond To Overruling Of Roe v. Wade
Since June, when the right-wing majority of the U.S. Supreme Court overruled Roe v. Wade and retracted the constitutional right to abortion, many states have enacted onerous restrictions or outright bans on abortion. In states like California, the right to abortion has been safeguarded by legislation and judicial interpretations of the California Constitution. But if in the future, Republican governors in California appoint a majority of conservative “justices” to the state supreme court, the right to abortion will be imperiled.
On November 8, voters in three states – California, Michigan and Vermont – will decide whether to enshrine the right to abortion in their state constitutions. People in Kentucky will vote on an amendment that specifically excludes the right to abortion from constitutional protection. In August, Kansas voters rejected a similar amendment that would have explicitly said that its constitution does not provide the right to abortion.
Guest – Law and Disorder co-host and legal scholar Marjorie Cohn discusses why it’s crucial that states amend their constitutions to protect the right to abortion. Marjorie is professor emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild, who writes a regular column at Truthout called “Human Rights and Global Wrongs.” She has published several books and does political and legal media commentary for local, national and international media outlets.
—-
Attorney Deborah LaBelle: Planned Parenthood v. State of Michigan
Deborah LaBelle is a Michigan attorney and writer whose work centers on constitutional and civil rights in class actions and community representation utilizing a human rights framework. Ms. LaBelle has been lead counsel in over a dozen class action lawsuits that have successfully expanded the civil and constitutional rights of her clients in both federal and state courts, including before the U.S. Supreme Court and in international fora.
Ms. LaBelle has been the recipient of numerous awards, including the National Lawyers Guild’s Law for the People Award, the National Trial Lawyer of the Year Award from Public Justice Foundation, and the Federal Bar Association’s Wade McCree Jr. Award; Michigan ACLU Civil Libertarian of the Year Award; as well as several others too long to list here.
She is currently co-counsel (with me and others) on the Flint Water class action litigation – a case in which we successfully argued to the Michigan Supreme Court that our state constitution has embedded within it the fundamental due process right to bodily integrity.
What brings her here today, is Ms. LaBelle’s most recent involvement in the historic case of Planned Parenthood v. State of Michigan. This case was triggered by the nation-wide crisis created by the U.S. Supreme Court in its reversal of Roe v. Wade in Dobbs v. Jackson. Dobbs awoke a long-dormant 1931 felony statute in Michigan which criminalizes all medical and legal actions taken to support a person who seeks or needs an abortion. This month, in the Planned Parenthood case, the Michigan Court of Claims issued a historic state-wide injunction against that criminal law, holding that it violated the now-recognized Michigan constitutional right to bodily integrity. While this injunction is still in effect (and inevitably on its way to being appealed), we have seen another pro-choice victory in Michigan, that is, successfully getting Proposition 3, a constitutional amendment referendum, on the ballot that would explicitly recognize the constitutional right to abortion in Michigan.
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
——————————
Chris Hedges: Social Change And Democracy 2022
You can’t have organized activity for social change without democracy. Social change and democracy are bound up with one another. But America is not a democracy. This is by design. It was never intended to be. The founding fathers – there were no founding mothers – wrote a document 245 years ago in Philadelphia that excluded more Americans than it included.
The Supreme Court ruled in the Citizens United case that corporations are people entitled to free speech rights. So they can give as much money as they want to political campaigns. Last month an industrialist gave $1.6 billion to the Republicans. Like Bob Dylan wrote, “money doesn’t talk it swears.“ It is impossible to have a democracy in a country like ours with such vast income and wealth disparity.
The Democratic Party and the Republican Party have a lock on the political process. It is nearly impossible to start a third-party. When Ralph Nader ran the Democrats did everything they could to stop him, launching many lawsuits trying to knock him off state ballots.
Since its founding, the ever-growing effects of unlimited money in elections, the partisan gerrymandering of legislative districts, the fraudulent removal of poor and minority voters from voter registration rolls, reduction in the number of voting locations in minority districts, the unfair advantage given to Canada is favored by corporate America, including America’s corporate media, all combine to leave us with a very unfair and very undemocratic system of governance in America
Guest – Chris Hedges, the most penetrating journalist we have. He once worked for the New York Times and even won a Pulitzer Prize. But he was forced out. He had a show on our RT which was closed down by our government and some 600 of his show “On Contact” were taken off of YouTube.
—-
The State of Labor Unions And Recent Worker Strikes
For decades now only about 11% of workers in America have been members of unions, whereas previously more than 35% were union members. Various pieces of pro-management legislation and court opinions caused this diminution in union membership and, as a consequence, a weakening of the rights of American workers. But in recent years, as a result of militant fight back efforts by exploited workers in many industries, unions have once again been having some success in organizing efforts at various workplaces, like Amazon, Starbucks, Apple, and Trader Joe’s.
But federal and state laws still create an up-hill fight for those seeking to organize workers into unions, and to win good labor contracts. So today we ask: do these few but growing number of recent labor union victories truly represent a new day for American workers and the unions that serve them? Do these localized labor victories suggest that more and bigger victories for workers are now within reach? Or, have these recent victories been simply exceptions to the still dismal overall state of union organizing in America? Are either of the two capitalist political parties sufficiently committed to advancing the right of workers to organize unions, or is an independent political movement or party needed to make significant union/worker gains? And what about the pending threat of a nation-wide railway worker’s strike? And if the railroad companies and their workers cannot reach a negotiated settlement acceptable to the railway workers, could President Biden step in and use the Railway Labor Act in an effort to prevent a railway strike with its devastating consequences for the U.S. economy?
Guest – Alan Benjamin, long-time union organizer and workers’ advocate. A leader in his own union, he has served on the Executive Council of the San Francisco AFL-CIO Labor Council. He is also one of the principal organizers of the organization known as Labor and Community for an Independent Party, or LCIP.
—————————————-
CCR And Others Issue Complaint Against U.S. Death By Incarceration
The United States condemns one out of every seven prisoners–or more than 200,000 people– to die in prison, over two-thirds of them people of color. “Death by Incarceration,” or DBI, includes extreme sentences such as life, and life without possibility of parole. DBI violates two treaties the U.S. has ratified, the Convention Against Torture and the Race Convention. DBI “is the devasting consequence of a cruel and racially discriminatory criminal legal system that is designed not to address harm, violence, and its root causes, but to satisfy the political pressure to be tough on crime,” according to a complaint filed with UN special rapporteurs on September 15.
Valerie Kiebala helped bring together organizations including the Center for Constitutional Rights, the Drop LWOP Coalition, and the Abolitionist Law Center, to file the 31-page complaint.
Related Article: Human Rights Groups Urge UN to Call for Abolition of Death by Incarceration by Marjorie Cohn.
Guest – Valerie Kiebala is a writer, organizer, and artist. She is the communications director for Straight Ahead, a nonprofit lobbying organization fighting for the human rights and liberation of incarcerated people. Valerie previously worked as an editorial manager and staff writer for Solitary Watch, a nonprofit organization documenting and exposing the use of solitary confinement across the U.S. Her work has appeared in the Root, the Appeal, Truthout, the Chicago Reporter, and Shadowproof.
—-
Fog Data Science: Constant Surveillance
Each time we access the internet, we open the door for companies to track our behavior and our location. This information is gathered and sold by data brokers, but not just for the purpose of helping marketers send us targeted ads. Our movement data is also marketed to law enforcement agencies around the nation. State sheriffs, highway patrol, and local police now can trace millions of Americans’ everyday movements dating back several years. One Virginia data broker contracts to sell telephone geolocation data to state and local law enforcement, according to an investigation by the Electronic Frontier Foundation, or EFF.
EFF Staff Technologist Bennett Cyphers led the investigation. He and his team found that Fog Data Science sells access to a database with information about where a person was at any point in time over the past several years. The surveillance isn’t limited to possible crime scenes. It includes homes, churches, workplaces, health clinics—places in which we have constitutionally-protected expectations of privacy.
Guest – Bennett Cyphers is a staff technologist on EFF’s Tech Projects team. He focuses on consumer privacy, competition, and state legislation. He also assists with development of Privacy Badger, a browser add-on that stops advertisers and trackers from secretly tracking your movements.
Hosted by Heidi Boghosian and Marjorie Cohn
——————————————
Mass Rally Mumia, Assange and Palestine in Berkeley, California September 17, 2022
Veteran socialist and organizer Jeff Mackler initiated a call for a mass rally on September 17, 2022 in Berkeley, California in support of Mumia Abu-Jamal, Julian Assange, and Palestinians. In 1982 radio journalist and Black Panther Mumia Abu -Jamal was wrongfully convicted and sentenced to death for murdering police officer Daniel Faulkner on a Philadelphia Street. He served 28 1/2 years on death row before his sentence was reduced to life in prison. Still in prison, he has served 40 years. An International movement has developed demanding “Free Mumia.”
Award winning Australian journalist and publisher Julian Assange sits in Belmarsh. a maximum security prison in London. In declining mental and physical health,he has been incarcerated for over 1000 days while he awaits extradition to the Northern District federal court in Virginia where he will be tried and certainly convicted of violating the espionage act of 1917. His crime: embarrassing United States by publishing true information about US wars in Iraq and Afghanistan and spying on the American public.
The Gaza Strip imprisons 1 million Palestinians. It is largest open air prison in the world. A month ago the Israeli military killed 49 people, 17 of them children, in military attacks. The weapons were made and supplied by America. North of the Gaza Strip in June in the Israeli militarily occupied territory of the West Bank an Israeli sniper assassinated the beloved veteran Al Jazeera journalist Shireen Abu Akleh who was covering an Israeli army incursion. She had been reporting on the situation of Palestinians In the West Bank for many years.
American ideology has it that our country is a force for good in the world. That it is a democratic society, that it promotes freedom and democracy abroad, and that at home it is a place where hard work leads to success. But the truth is quite different. These myths are increasingly being exposed for what they are.
Recognizing that free journalism is at stake a diverse group of organizations are sponsoring the September 17th mass rally In Berkeley. Mumia will speak via phone. Vincent de Stefano of the Assange Defense Committee will speak. So will Daniel Ellsberg, famous for his release of the Pentagon papers, Susan Schnall, President of Vets for Peace, Mama Pam of Friends of Mumia’s International Family, the great journalist Chris Hedges, Pulitzer Prize winning author Alice walker, and Jeff Mackler among others.
The slogan of the rally is Free Mumia! Free Julian! Free Palestine!
Guest – Jeff Mackler is a founder and leader of the United National Antiwar Coalition (UNAC), hey founder of the Northern California Climate Mobilization, and the national secretary of Socialist Action and it’s two time candidate for the US presidency.
—-
Analysis: The Taiwan-US Relationship And China
Trips to Taiwan, by Congressional leaders like Nancy Pelosi, followed up by trips to Taiwan by other members of Congress, has served to push the United States and China closer to a catastrophic conflict. Richard Becker, our guest for this topic today has written, “Pelosi’s decision raises the specter of all-out war between the two world powers. and the consequences of her actions remain to be seen.”
The Biden Administration, which obviously approved of Pelosi’s Taiwan visit, added fuel to the fire by deploying an aircraft carrier off the coast of Taiwan along with accompanying warships.
Pelosi’s argument that the U.S.-Taiwan relationship was based on a shared belief in “self-determination and self-government, democracy and freedom” is ridiculous. The U.S. and other colonial efforts to dismember Taiwan from the rest of China goes back to at least the 19th century. And at the end of World War Two, the U.S. government supported the Nationalist Party of dictator Chiang Kai-Shek in the civil war between his party and the ruling communist party of China; a war that Chiang lost. After Chiang lost that civil war he retreated to the Chinese island of Taiwan, where he ruled as a vicious dictator. Of course, he continued to receive with massive military and diplomatic support from the United States. And even after it was forced to abandon its absurd policy that Taiwan represented the legitimate government of China, the U.S. has maintained its de facto alliance with the regime in Taiwan. And China, which still claims Taiwan as a part of China, has not ruled out eventually bringing Taiwan back under mainland China’s governance, including with the use of force if need be.
Guest – Richard Becker a leader in the Party for Socialism and Liberation. He’s also the Western Regional Coordinator of the ANSWER Coalition, the coalition to end war and end racism; and Mr. Becker is the author of a number of books, including, Storming the Gates: How the Russian Revolution Changed the World, the book, Palestine: Israel and the U.S. Empire; and the book, The Myth of Democracy and the Rule of the Banks.
————————————-
Trump Affidavit Contains Broad-Based Probable Cause of Three Federal Crimes
On August 8, FBI agents seized 33 boxes, containers or items of evidence with more than 100 classified records from Donald Trump’s Mar-a-Lago compound. They included information classified at the highest levels. The Department of Justice had applied for the search warrant after Trump stonewalled them for seven months.
A federal judge found probable cause to believe that agents would find evidence of three federal crimes at Mar-a-Lago. They include a violation of the Espionage Act, which has recently been used to prosecute whistleblowers, publishers and journalists who publicize evidence of government wrongdoing.
Trump claims that the documents are his but in fact they belong to the National Archives. He is seeking the appointment a special master to review the documents for possibly privileged material. Attorney General Merrick Garland will use the seized documents to inform his decision about whether to indict Trump and/or his associates.
Guest – Law and Disorder co-host Marjorie Cohn, A former criminal defense attorney and professor emerita at Thomas Jefferson School of Law, Marjorie does frequent written and broadcast commentary about these and other legal and political issues.
—-
Nationalizing The Fossil Fuel Industry
Thomas Hanna has been Research Director for the Democracy Collaborative since 2015, after working for five years as a research assistant to Gar Alperovitz, co-founder of the Democracy Collaborative and well-known historian and political economist. The Democracy Collaborative was founded in 2000 as a research center at the University of Maryland, to develop a theoretical and historical framework for building a truly democratic society, based on the principles of democratic economy, community wealth building and the democratization of ownership.
Hanna’s areas of expertise include public ownership, privatization, local government, democratic ownership and banking. He is the author and editor of a number of books, articles and reports, including Our Common Wealth: The Return of Public Ownership in the United States which was published by Manchester University Press in 2018.
Hanna’s recent article, The Supreme Court is Gutting the Regulatory State. Let’s Look at our Other Options, published in In These Times, provides a fascinating analysis of the historical evolution of the regulatory system in the United States. Since the New Deal and the end of World War II, the use of regulatory legislation has been used to protect capitalism, based on the notion that “the excesses and injustices of capitalism can be ameliorated primarily through state regulation of private enterprise, rather than large-order shifts in the ownerships of these enterprises.” In his article, Hanna articulately explains how these historical attempts to regulate capitalist power within the context of capitalism is destined to fail because of its own structural limitations.
In the wake of the “existential threat of catastrophic climate change and rising tide of right-wing extremism,” we are seeing – predictably – the explicit dismantling of that regulatory system. Hanna explores the recent rulings from the new right-wing majority on the US Supreme Court, particularly the case of West Virginia v. EPA, in which the court literally kneecapped the agency’s ability reduce the devastating effects of corporate pollution in order to protect private profit and “free enterprise.” Hanna explores an alternative vision of creating a system of economic and political democracy based on public and collective ownership of important assets, enterprises and services, including the fossil fuel industry.
———————————————————-
Israeli Forces Raid and Shutter Seven Palestinian Human Rights Organizations
On August 18, the Israeli military raided the offices of seven leading Palestinian human rights and civil society organizations, ransacking and shuttering them. Three days later, the Israeli Occupying Forces summoned the directors of two of the groups for interrogation.
Last October, Israeli Defense Minister Benny Gantz reported that Israel had baselessly designated six of the groups as “terrorist organizations” because they had links to the Popular Front for the Liberation of Palestine (PFLP), a leftist political party with a military wing. In November, the Israeli military commander in the occupied West Bank declared the six to be “unlawful associations.” But in the ensuing months, Israel has failed to come forward with competent evidence that links the six groups to the PFLP. A new classified report from the CIA says it could find no evidence to support the terrorist designations.
Progressive organizations in Israel and the United States condemned the raids. But the Biden administration has refused to denounce them, stating that it is awaiting further information from Israel.
Guest – Law and Disorder co-host Marjorie Cohn is interviewed about the ramifications of the terrorist designations and recent raids on the organizations. She is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of Jewish Voice for Peace and the bureau of the International Association of Democratic Lawyers.
—–
A New Wave Of Book Banning
Book banning is the most widespread form of censorship in the United States. It’s when government officials, private individuals, or organizations remove books from libraries, school reading lists, or bookstores because they object to the content or themes contained therein. Children’s books are the main targets.
Often, complaints are that the book contains is sexually explicit, contains graphic violence, has offensive language, or shows disrespect for parents and family. Censors claim they’re afraid the contents are dangerous for kids, or that they’ll cause young people to raise questions, and incite critical inquiry among children that parents, political groups, or religious organizations deem inappropriate or aren’t ready to address.
Before the 1970s book bans typically focused on obscenity. Lady Chatterley’s Lover by D. H. Lawrence and Ulysses by James Joyce were often banned. From the late 1970s on, attacks focused on ideologies. To Kill A Mockingbird, The Color Purple, The Catcher in the Rye, and Harry Potter are among the 50 of the top banned books in this country.
A new wave of book banning in public and school libraries is sweeping the nation in 2022. It’s been under way since debates have percolated over critical race theory and what students should learn in the classroom. Several states are cutting funding for books written by authors in specific communities.
Guest – Christopher Finan, executive director of the National Coalition Against Censorship. He previously served as president of the American Booksellers Foundation for Free Expression, the bookseller’s voice in the fight against censorship. Before that, he was executive director of Media Coalition, a trade association that defends the First Amendment rights of producers and distributors of media. Christopher is the author of From the Palmer Raids to the Patriot Act: A History of the Fight for Free Speech in America by Beacon Press, which won the 2008 Eli Oboler Award of the American Library Association. His forthcoming book is How Free Speech Saved Democracy.
———————————
Lawsuit Against CIA Filed By Journalists and Lawyers For Alleged Spying During Assange Visits
Journalist Julian Assange, co-founder of WikiLeaks, is in a London prison fighting extradition to the United States. Donald Trump’s CIA director Mike Pompeo was angered by the 2017 WikiLeaks revelation of the CIA’s “Vault 7” program (whereby the CIA was able to tap into people’s cell phones and smart TVs, turning them into listening devices). The Trump administration filed an indictment against Assange which takes aim at him and WikiLeaks for their 2010 exposure of U.S. war crimes in Iraq, Afghanistan and Guantanamo Bay.
The Biden administration is pursuing Assange’s extradition and prosecution. If he is extradited, tried and convicted, Assange could receive 175 years in prison.
When Assange was living in the Ecuadorian embassy in London under a grant of asylum, the CIA hired UC Global, a private security company, to spy on Assange and his visitors and turn over images from the cellphones and laptops of lawyers, journalists and doctors to the CIA.
On August 15, some of the lawyers and journalists who visited Assange sued the CIA and Pompeo in US District Court for violation of their Fourth Amendment rights. They are requesting money damages, an injunction to prevent the CIA from revealing their private communications, and the purging of CIA files of this information.
The lawsuit against the CIA was filed by The Roth Law Firm in New York City.
Guest Attorney Richard Roth, the lead lawyer who represents the plaintiffs. Highly regarded for his successful and creative representation, Roth’s clients include celebrities, nationally recognized artists, singers, actors, songwriters and Hall of Fame and all-star athletes, directors, producers and professional sports organizations. Roth worked in the U.S. Attorney’s office and interned for a judge on the Second Circuit Court of Appeal. The recipient of numerous awards, Roth is a frequent media commentator .
—-
Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror
September 11 will mark the 21st anniversary of the terrorist attack on the World Trade Center and the Pentagon by 19 hijackers. They provided a pretext for the US’s 20-year war in Afghanistan and its subsequent invasion of Iraq, an illegal US war of aggression which was based on a lie that Iraq had weapons of mass destruction. That war killed more than 1 million people.
Today we rebroadcast the Law And Disorder interview we did with retired Florida Senator, the courageous Bob Graham. Graham did more than anyone to expose the connection between the horrific criminal attacks and the complicity of the Saudi government.
The Kingdom of Saudi Arabia has been a US ally in the Middle East for decades. Twenty-one years ago, Saudi officials gave financial, logistical, and other support to the 9/11 hijackers. Fifteen of the 19 men were Saudis.
This explosive history was documented in 2002 in the 28-page final section of the report of The Joint Commission of Inquiry of the Senate and the House, which Senator Graham chaired. These 28 pages were hidden and not declassified and released until July 15, 2016. They were released because of the efforts of Senator Graham and the families of the 9/11 victims. By blocking the release of these pages, Senator Graham states, the US government sent a message to the Saudi government that “they can do anything.”
Graham’s prediction was borne out by the 2018 assassination of the journalist and Saudi citizen Jamal Khashoggi who was murdered and dismembered in the Saudi Arabian embassy in Turkey, by order of Saudi Prince Mohammed bin Salman.
Nevertheless, last month, President Joe Biden traveled to Saudi Arabia to meet with Mohammed bin Salman and greeted him not with a customary handshake but with a collegial fist bump. This occurred despite Biden’s earlier declaration that “Khashoggi was in fact murdered and dismembered and I believe at the order of this crown prince.” Oil and arm sales are the reasons why the United States continues to embrace Saudi Arabia as a close ally. Saudi Arabia has the second largest supply of reserve oil in the world. The US needs it now because of Russia’s war in Ukraine. According to the US State Department statement of May 11, 2022, “Saudi Arabia is the United States‘ largest foreign military sales (FMS) customer with more than $100 billion in FMS cases.”
Law and Disorder co-hosts Heidi Boghosian and Michael Smith interviewed Senator Bob Graham before the missing 28 pages of the 9/11 report were finally released. These pages confirmed Senator Graham‘s belief that the hijackers could not have pulled off the operation alone. It reveals that the hijackers were part of a support network involving the Saudi monarchy and government which helped plan, pay for, and execute the complicated 9/11 plot.
Senator Graham has written the book “Intelligence Matters: the CIA, the FBI, Saudi Arabia, and the Failure of America’s war on Terror.” It provides a candid insight into US and Saudi relations.
Guest – Senator Bob Graham is the former two-term governor of Florida and served for 18 years in the US Senate in addition to 12 years in the Florida Legislature for a total of 38 years of public service. As governor and senator, Graham was a centrist, committed to bringing his colleagues together behind programs that serve the broader public interest. He was recognized by the people of Florida when he received an 83% approval rating as he concluded eight years as governor. Bob Graham retired from public service in January 2005.
—————————————-
White Nationalism and the Republican Party: Toward Minority Rule in America
White supremacy has been a guiding principle of the United States since its birth. From the genocide of the Indians to the pernicious institution of slavery, racism has permeated every aspect of this nation. After the short-lived period of Reconstruction, Jim Crow followed and it continues to animate race relations in the U.S. While the Civil Rights Movement led to the Civil Rights Act and the Voting Rights Act, the Republican Party and now the right-wing Supreme Court have adopted policies to undermine the protections of the promise of racial equality. False claims that the 2020 election was stolen from Donald Trump and the ensuing attempted insurrection have shaken the institutions of democracy to their core.
Trump rode racism and nativism to the presidency, making it the nucleus of his reign. After descending the escalator to announce his presidential campaign, Trump singled out Mexico, declaring, “They’re bringing drugs; they’re bringing crime. They’re rapists.” One of his first acts as president was the creation of the “Muslim Ban,” which married white supremacy with nativism.
White nationalism didn’t begin with Trump. Barry Goldwater, George Wallace, Richard Nixon and Ronald Reagan planted the seeds for Trump to adopt white supremacy as the explicit centerpiece of his campaign and his presidency. Whether or not Trump runs for president in 2024, Trumpism is unfortunately alive and well in our political system.
Political science scholar John Ehrenberg has just published a book titled “White Nationalism and the Republican Party: Toward Minority Rule in America.” In it, he explains how Trump weaponized the use of race, drawing on his Republican predecessors.
Guest – John Ehrenberg, Senior Professor Emeritus and former Chair of the Political Science Department at Long Island University in New York. He has devoted his life to research and writing about political ideologies and the history of political thought. He is the author of “Civil Society: The Critical History of an Idea, Proudhon and His Age” and “The Dictatorship of the Proletariat: Marxism’s Theory of Socialist Democracy.” Full disclosure: In the 1960s, John and I both participated in the Stanford University honors program called Social Thought and Institutions.
—-
The Federalist Society, Charles Koch, The Bradley Foundation and The U.S. Supreme Court
The nation is still reeling from the Trump administration’s assaults to the rule of law, and their ripple effects on democratic institutions. But these attacks were the result of strategic planning over decades, and the handiwork of networks of well-funded think tanks and lobbyists. Some of the country’s richest and most conservative individuals are, with so-called Dark Money, anonymously supporting these efforts.
Chief among these forces is the Federalist Society. Not well known until recently, the Society has worked quietly since the Reagan administration to overhaul the Supreme Court into a bastion of conservatism. Enriched with Dark Money, it’s had an outsized impact on the composition of the federal and the Supreme Court. Recently, we’ve witnessed how hard-fought social gains of the 20th century have been taken away from Americans, and landmark Supreme Court decisions have been overruled such as Roe v. Wade and a woman’s right to reproductive freedom, and Lemon v. Kurtzman, guaranteeing the separation of church and state.
Guest – Attorney Lisa Graves, is the founder, director, and editor-in-chief of True North Research. Her analysis of such research has been cited by every major newspaper in the country. She has served as a senior advisor in all three branches of government. Lisa served as chief counsel for the US Senate Judiciary Committee for Senator Patrick Leahy. She was also a career deputy assistant attorney general the US Department of Justice. Lisa has spent the past 12 years examining the impact of dark money on judicial selection.
—————————————————-
January 6 Committee Has Provided Sufficient Evidence for Garland to Indict Trump
During the course of eight public hearings, the House of Representatives Select Committee to Investigate the January 6 Attack presented overwhelming evidence of former President Donald `Trump’s guilt of at least 2 federal crimes and crimes in the state of Georgia. Although it has been more than 2 years since Trump initiated his wide-ranging conspiracy to overturn the results of the 2020 presidential election, Attorney General Merrick Garland still has not indicted the ex-president.
Through the testimony primarily of Trump loyalists, the Committee demonstrated that Trump was the fulcrum of a multipronged conspiracy to fraudulently declare himself the winner of the election. The Committee has provided Garland with more than enough evidence to indict Trump. But will Garland bring charges against Trump?
Guest – Marjorie Cohn, is a former criminal defense attorney, professor emerita at Thomas Jefferson School of Law and past president of the National Lawyers Guild. She has published several books and writes a regular column for Truthout. Her most recent piece is titled, “January 6 Committee Has Provided Sufficient Evidence for Garland to Indict Trump.”
—-
Lawyers You’ll Like: Attorney Bill Goodman (Hosted By Attorneys Marjorie Cohn and Julie Hurwitz)
Bill Goodman, the son of Ernie Goodman, who was one of the founding members of the National Lawyers Guild, is a legend in his own right. A past national president of the NLG, one of the founding officers of the NLG National Police Accountability Project, the former Legal Director of the Center for Constitutional Rights, and a founding board member of the Sugar Law Center for Economic and Social Justice, Bill was also a partner in the first racially integrated law firm in the United States. He is currently a partner in the Detroit civil rights firm, Goodman Hurwitz & James, where he continues to work tirelessly for the rights of victims of government and corporate abuse. Bill is also an adjunct professor of law at Wayne State Law School, where he teaches Constitutional Litigation. Bill has successfully litigated numerous police and government misconduct cases as well as other high-profile cases on behalf of prisoners, toxic tort victims, the wrongfully convicted and victims of racism, always in the pursuit of constitutional, social and economic justice.
Full disclosure, Bill is also my law partner in Goodman Hurwitz & James and a former long-term partner in life – we’ve known each other a long time! We’ll discuss two cases that have been brought to confront the unconstitutional and inhumane conduct of individual police officers, but more importantly, the historically unconstitutional and inhumane ways in which police departments institutionally tolerate, promote and reward such behavior by their officers.
——————————————
Remembering The Life Of Glen Ford
Glen Ford died last July 28 of lung cancer. I knew Glen the last seven years of his life. I first met him in 2014 after a speech that he gave at Harlem’s Riverside Church church on the occasion of the 7th anniversary of the Black Agenda Report of which he was the executive editor. The two other editors were Margaret Kimberley, who has taken over as the editor, and the late Bruce Dixon of Chicago who died two years ago. They were a formidable threesome. That night he spoke about what he called the Black misleadership class, a description he coined, and how it was an enemy of the movement. He said the Democratic party, which they populate, was not the lesser of two evils but the most effective of two evils. In particular, he zeroed in on New Jersey Senator Cory Booker. I kept in touch with Glen. He was a guest on Law And Disorder several times. I helped assemble a selection of his writings titled The Black Agenda which will very soon be published by OR books. Two months ago the publisher of OR books, Colin Robinson and I drove out to New Jersey to visit Glen.
He had just got out of the hospital where they took fluid out of his cancerous lung. He was somewhat frail but pretty chipper. We ate bagels and cream cheese at the dining room table and talked politics for two hours. As we left Colin remarked that it was a shame we hadn’t recorded our conversation. Glen was brilliant. Glen was the real thing. A Black nationalist and a socialist, as he described himself. He was a former Black Panther and usually wore a black beret when he spoke. He ended his speeches with his right arm held high in the air saying “power to the people.“
—-
The Black Misleadership Class Versus the Movement and its Legacy
We go now to hear Glen Ford speaking at the Black Agenda Report 7th anniversary gathering at Harlem’s Riverside Church. The theme of the event was ““The Black Misleadership Class Versus the Movement and its Legacy.” Ford gives strong criticism of newly elected New Jersey Senator Cory Booker as the essence of Black misleadership, showing the many ties of the current Newark mayor to corporate America.
Guest – Glen Ford, editor of the Black Agenda Report. Ford founded the Black Agenda Report and has edited it since 2006. He was a founding member of the Washington chapter of the National Association of Black Journalists and he has delivered presentations at many colleges and universities.
——————————————–
The Case Of Bernina Mata And Clemency
In 1998, Bernina Mata was convicted of first-degree murder in the killing of John Draheim, who she’d met at a local bar. After he tried to rape her, she fought back in defense and stabbed him. At trial, prosecutors portrayed Mata as a man-hating lesbian, and literally described her as a “hard core lesbian” who they claimed killed because the victim made an unwanted sexual pass at her. They claimed Mata’s sexuality was the motive and showed the jury books from her apartment—Call Me Lesbian, Homosexualities, and Best Lesbian Reading —to support their theory. Prosecutors claimed that “a normal heterosexual person would not be so offended by the (victim’s) conduct as to murder.”
The jury found Mata guilty and sentenced her to death. In 2003, her sentence was commuted from death to life in prison after former Governor George Ryan commuted the sentences of everyone on death row in that state in response to a historic organizing clemency campaign. Now, Mata’s defense team – are asking Illinois Governor J.B. Pritzker to grant her release from prison. They filed a petition for executive clemency, saying her case was plagued by racism and anti-lesbian oppression.
FreeBernina
Guests – Attorney Joey Mogul and Deana Lewis, Joey Mogul is a partner at the People’s Law Office and has represented Mata since 2002. Deana Lewis is an Associate Director at the Institute for Research on Race and Public Policy at the University of Illinois at Chicago. Deana is involved in the work of several Chicago community and national organizing collectives including Love & Protect, Just Practice Collaborative, and Survived & Punished.
—-
Joanne Page: The Fortune Society
Each year in the United States, more than 600,000 individuals are released from state and federal prisons. A staggering 6.9 million people are on probation, in jail, in prison, or on parole. On top of that, an additional nine million persons cycle through local jails.
As grim as these numbers are, more sobering is the fact that more than two-thirds of prisoners are rearrested within 3 years of their release. Half of those are reincarcerated.
Why is this recidivism rate so high? It has much to do with the failure of re-entry support programs. We have the world’s largest carceral state but no effective support system for people finishing their sentences and re-entering society. Consequently, crime rates soar, more individuals are victims of crime, families and communities suffer when we fail to deal with the consequences of over-incarceration. When reentry fails, the costs are high — more crime, more victims, and more pressure on already-strained state and municipal budgets. There is also more family distress and community instability. Community reintegration impacts several larger areas such as community health, education, employment, family relationships and housing.
In every aspect, failure to support recently released individuals is costly to society.
Guest – JoAnne Page is the President and CEO of the NY-based Fortune Society. Policymakers and researchers frequently cite the organization for its pioneering work. A graduate of Yale Law School, Page cultivated and created many of Fortune’s signature programs including substance abuse treatment, counseling, family services, HIV/AIDS health services, mental health programs, job training and employment services, parenting initiatives, and supportive and permanent housing. Page is a leading authority on issues including prison reform, solitary confinement, wrongful convictions, the over-incarceration of young men of color, sentencing reform, violence prevention, homeless housing, effective policing strategies, legislation, sex offender registries, and more.
————————
Far Right Supreme Court Decisions Not Seen Since 1931
During its last term, the Supreme Court demonstrated that it is the most right-wing court since 1931. In cases involving reproductive rights, entanglement of church and state, the right to carry guns, and the ability of congressionally-mandated administrative agencies to regulate climate change, the high court’s conservative members handed down reactionary rulings. The court has agreed to hear a case next term that could radically change our electoral system.
Guest – Stephen Rohde is an author and social justice advocate who practiced civil rights and constitutional law for more than 45 years, including representing two men on California’s death row. He is the former chair of the ACLU Foundation of Southern California and former national chair of Bend the Arc, a Jewish Partnership for Justice. He is also a board member of Death Penalty Focus.
—-
ALEC: A Decade Of Government Influence
The United States underwent a “public interest” revolution in the 1960s and early 1970s. In the first half of the ’60s, Congress passed precedent-setting environmental laws, including the Clean Air Act, the Clean Water Act, and the Water Quality Act. And in just three years, from 1969 to 1972, the federal government adopted a raft of new environmental, public health, workplace and consumer protections and established new agencies to administer them, including the Environmental Protection Agency and the Occupational Safety and Health Administration.
That revolution sparked a counterrevolution that is still reverberating today. Wealthy conservatives, corporations and libertarian foundations poured money into new think tanks and advocacy groups, including the Heritage Foundation and Charles Koch’s Cato Institute. A less-well-known group, the American Legislative Exchange Council, was founded around the same time. It goes by its acronym, ALEC.
Unlike Heritage and Cato, ALEC—a network of nearly 300 corporations, trade groups, law firms, and libertarian foundations—operates at the state level. The group provides state legislators with a variety of ready-made bills that, among other things, roll back voting rights, thwart efforts to address climate change, and bolster corporate profits.
State lawmakers introduced nearly 2,900 bills based on ALEC’s recommendations from 2010 through 2018, according to an investigation by USA Today, the Arizona Republic and the Center for Public Integrity. More than 600 of them became law.
Lately ALEC has been coaching state legislators on how to spin the recent Supreme Court decision overturning Roe v. Wade. ALEC has also been working behind the scenes to amplify the false GOP narrative on voter fraud. Writer Elliott Negin has been following ALEC off and on for the last decade, and he recently posted an essay that explains in detail how ALEC turns disinformation into law. We are fortunate to have Elliott as our guest today.
Guest – Elliott Negin is a senior writer at the Union of Concerned Scientists, a national science advocacy organization. Prior to joining UCS in 2007, he was the Washington communications director for the Natural Resource Defense Council, a former news editor at National Public Radio, the managing editor of American Journalism Review, and the editor of Nuclear Times and Public Citizen magazines.
—————————————————
Kennedy v. Bremerton School District: Rights To Religious Expression In The Workplace
On June 27, 2022, the U.S. Supreme Court handed down the case of Kennedy v. Bremerton School District. At issue was school employees’ First Amendment rights to religious expression while on the job. The Court held that a school district infringed on football coach Joseph Kennedy’s First Amendment rights when it disciplined him for engaging in “private” prayer. Kennedy was a coach at the Bremerton School District in Washington State. After games, he knelt on the field with some students joining him in prayer.
That so-called private prayer occurred on the 50-yard line. The school district forbade the coach to pray on the field after games. It did allow him to pray in a private location behind closed doors. After Coach Kennedy continued on the field to give his thanks to God, the school district placed him on administrative leave. It gave him a poor evaluation, despite a history of positive ones. Kennedy did not return the following year and sued, seeking reinstatement. He also relocated to Florida. The Supreme Court upheld Kennedy’s right to pray in public on the field after the game.
Guest – Andrew Seidel is a constitutional attorney and vice president of strategic communications at Americans United for Separation of Church and State, which litigated Kennedy v. Bremerton. He’s also the author of several books including The Founding Myth: Why Christian Nationalism is Un-American and American Crusade: How the Supreme Court is Weaponizing Religious Freedom, which hits shelves in September and explains a lot of what is happening at the court right now.
—–
Attorney John Philo: Sugar Law Center
Maurice Sugar was a workers’ lawyer and a socialist, one of the founding members of the National Lawyers Guild, the first General Counsel to the United Auto Workers and a staunch defender of working people’s rights. He was also a talented poet and songwriter of political songs and poems. In the 1950’s, during the height of the Cold War, Walter Reuther was elected President of the UAW. His first official action was to fire Sugar. Maurice and his wife Jane Sugar, who was an activist and union organizer of teachers, homesteaded over 100 acres of property in the Black Lake area of Michigan. At their deaths – he in the 1970s and she in the 1980s – a trust was created which formed the financial seed money for the founding of the Maurice and Jane Sugar Law Center for Economic and Social Justice in Detroit, Michigan.
In 1990, shortly after the death of Jane Sugar, a group of National Lawyers Guild national leaders, including NLG founding member Ernie Goodman, former National President Bill Goodman – both Trustees of the M & J Trust – and former national president Debra Evenson, used the endowment from the Sugar Trust to establish the Sugar Law Center. It brought to life a long-standing vision of creating a national public interest project of the NLG that would tackle the critical questions of the intersection between civil rights and economic justice. The Sugar Law Center began with a primary focus on plant closings and worker dislocation and Julie Hurwitz was the founding Director. Now, 32 years later, as a nationally recognized public interest workers rights’ law project, the work of the Sugar Law Center has expanded to take on issues of runaway corporate power, racism, community dislocation, gentrification, poverty, environmental injustice; women’s rights and many others.
Guest – Executive Director of the Sugar Law Center, John Philo. John has litigated cases in dozens of states representing low-wage workers, communities, and injured persons on matters of employment, constitutional, and tort law. John is also a former president of the Detroit Chapter of the National Lawyers Guild, and a contributing author to the National Lawyers Guild’s Employee and Union Member Guide to Labor Law and the Institute of Continuing Legal Education’s Torts: Michigan Law and Practice.
—————————————-
Lead Up To Roe v. Wade Overturn
Since Roe v. Wade was decided in 1973, its opponents have mounted a sustained effort to overturn it. The Heritage Foundation and the Federalist Society (which is funded largely with untraceable dark money by wealthy right-wingers, climate damaging industries and conservative think tanks) compiled lists of anti-choice judges. Samuel Alito was helped into his seat on the court by Leonard Leo, former executive vice president of the Federalist Society.
The same funding sources power the Attorney General’s Association, which is made up of 27 right wing attorneys general. The attorneys general bring their lawsuits in front of sympathetic judges whose appointments were secured by the same entities that supported them.
Donald Trump drew his three Supreme Court nominees – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – from those lists. In spite of their promises to adhere to stare decisis (which means respect for the court’s precedents) Gorsuch, Kavanaugh and Barrett all voted to overturn Roe v. Wade and Planned Parenthood v. Casey (which reaffirmed the central holding of Roe in 1992).
On June 24, five right-wing Christian zealots on the court ruled in Dobbs v. Jackson Women’s Health Organization that abortion is no longer a fundamental constitutional right. Samuel Alito wrote the majority opinion and Clarence Thomas joined it as well. Chief Justice John Roberts did not vote to overturn Roe and Casey.
Alito’s draft opinion, which was leaked to Politico in May, largely became the majority opinion in Dobbs. After oral argument in December, Alito, Thomas, Gorsuch, Kavanaugh and Barrett indicated in a straw poll that they were inclined to overturn Roe and Casey.
Although we knew that the court would likely erase the right to abortion, it still came as a shock when they actually did that in the Dobbs case.
The fallout has been swift. Twenty-six states have laws that could ban or severely limit abortion. Thirteen states had “trigger laws” that would immediately ban abortion. Five states with pre-Roe abortion bans could enforce them. And 14 states would ban abortions before fetal viability. Bans and restrictions on abortion would disproportionately affect poor women and people of color.
Guest – Law and Disorder co-host Marjorie Cohn, who has written extensively about the Supreme Court and reproductive rights, predicting in several articles that the Supreme Court would overrule Roe v. Wade. Marjorie is a former criminal defense attorney, professor emerita at Thomas Jefferson School of Law and past president of the National Lawyers Guild. She has published several books and she writes a regular column for Truthout.
—-
Labor Notes Conference 2022
We live in ominous times. But one extremely hopeful development was the well-attended Labor Notes conference in Chicago over the June 19th weekend. Upwards of 4,000 mostly young workers from across the country came to the labor conference which was distinguished by its militancy and enthusiasm.
Speakers at the Friday night rally included Chris Smalls, the Amazon Labor Union president who recently led the historic Amazon warehouse workers’ organizing drive on Staten Island.
Amazon is owned by Jeff Bezos, a multibillionaire and the second richest person in the United States. Also speaking was Michelle Eisen, the Starbucks barista from Buffalo who is helping to organize Starbucks workers. Starting at zero, 160 stores have unionized in the last six months.
Speaking last was Bernie Sanders who has personally donated tens of thousands of dollars to union organizing. He spoke about the income and money inequality in the U.S. Sanders said that between Bezos and Elon Musk (the world’s richest man), the two own more than the bottom 40% of the entire U.S. population and he added that the top one percent in our country own more than the bottom 90%. He said that after the pharmaceutical company Moderna received $3 billion in Covid money from the government, its recently retired CEO got a golden parachute worth $900 million.
This is why the Labor Notes conference was organized – to explore and struggle against such wealth inequality. The organizers understand that workers produce all wealth and that we can’t fight the one percent in the traditional ways.
The old bureaucrats and labor liberals in the AFL-CIO held a convention the week before in Philadelphia. They believe in “a fair day’s wages for a fair day’s work.” The new militants who attended the Labor Notes conference understand that they may have to break the law, fight injunctions, risk fines, and mobilize sympathizers and other unions as well as the population in general. They believe in class struggle unionism.
Guest – Joshua DeVries is a long time rank and file union activist who attended the conference from his hometown of Austin, Texas. Joshua DeVries has been a local officer in Amalgamated Transit union and the Association of Flight Attendants as well as an organizer with the AFA. He writes for the magazine “Against The Current.”
———————————————
Extradition Of Journalist Julian Assange
On June 17, Priti Patel, the UK Home Secretary, ordered the extradition of journalist Julian Assange to the United States to stand trial on Espionage Act charges that could lead to 175 years in prison. The Obama administration, which prosecuted more whistleblowers than all prior presidents combined, decided not to file criminal charges against Assange. But Donald Trump’s regime indicted Assange for revealing evidence of U.S. war crimes in Iraq, Afghanistan and Guantanamo. And Joe Biden’s government is continuing to pursue the extradition of Assange to the United States.
Assange has been confined in the UK for more than a decade. If he is extradited to the United States, he will be tried in the Eastern District of Virginia, one of the most conservative districts in the country. The judge to whom his case has been assigned jailed Chelsea Manning for refusing to appear before a grand jury investigating Assange.
Assange will appeal Patel’s decision. But if he is ultimately extradited, tried and convicted, it will pose a major threat to investigative journalism. People around the world are supporting Assange but the Biden administration is continuing Trump’s campaign to extradite Assange and try him in the United States.
Guest – Kevin Gosztola, an American journalist who writes about whistleblowers, WikiLeaks, national security and civil liberties. Kevin is managing editor of Shadowproof and he curates The Dissenter. He is producer and host of the weekly podcast Unauthorized Disclosure and co-author of Truth and Consequences: The US vs. Bradley Manning. Kevin has covered the Assange case extensively.
—-
Chicago Torture Cases Cost Taxpayers 210 Million
Sixty years ago, the great social satirist and comedian Lenny Bruce quipped that “Chicago is so corrupt, it is thrilling.“ Today the corruption may not be so transparent but the amount of money spent to protect and defend cops who kill and torture people is staggering.
A few years ago, the city of Chicago sold its parking meters to a private corporation even as it was closing public schools and mental health clinics ostensibly for lack of funding. But as of now and for the last 15 years, Chicago, Cook County and the State of Illinois has spent at least $212 million of taxpayer money for expenses in torture cases involving the infamous Chicago torturing cop, Jon Burge, and his crew. They operated in Chicago’s brutal Area 2 where they extracted false confessions from more than 125 African-American men through the use of torture.
$37.5 million of the $212 million has gone to what has been called “pinstripe patronage lawyers,“ who defended the police torturers. $19-1/2 million has been spent on special prosecutors in Cook County where Chicago is located. At least $38.7 million has been applied to pension payments for the offending cops, $7.9 million has been spent on the state Torture Commission and Court of Claims payouts, and finally, $108.2 million has gone for settlements, verdicts, and reparations. And the cases, and the payments, continue to this day and will continue into the future.
Guest – Chicago civil rights attorney Flint Taylor who led the litigation against Jon Burge and his torture crew. Taylor is a founding partner of the People’s Law Office in Chicago and has represented dozens of clients subjected to torture and other police misconduct. He is the author of The Torture Machine: Racism and Police Violence in Chicago. His most recent case involves the police murder of Joseph Lopez in Greensboro, North Carolina.
————————————-
The Menace of American Authoritarianism
Law And Disorder Radio was launched 18 years ago by four lawyers for the purpose of defending democracy and the rule of law.
This was just after the United States attacked Iraq under the false pretense that Iraq harbored weapons of mass destruction.
We have seen democracy and the rule of law consistently disintegrating. Starting perhaps 40 years ago under the Reagan administration, this disintegration has brought us to the crisis of today. A committee of the House of Representatives is actually holding televised hearings on the attempted coup d’état by the last president, Donald Trump.
At the first hearing, it was demonstrated that Trump planned to ignore the results of an election which he lost by 7 million votes. The insurrection that he initiated was unsuccessful. The Capitol was attacked after Trump incited the insurrectionists and Trump did nothing to stop it for over three hours. When Vice President Mike Pence refused to go along with Trump’s scheme to overthrow the election results, Trump suggested that hanging Pence was a good idea. The insurrectionists had built a gallows on the grounds of the Capitol.
What has brought us to this critical point?
We live in a country where inequality is increasing, where, as Bob Dylan wrote, “money doesn’t talk; it swears.“ Nearly half the population is poor or near poor. Neoliberalism, an extreme form of capitalism, has taken hold and hollowed out the country. Schools have been privatized and there is no national healthcare system. Students are 1.7 trillion dollars in debt just as a result of attending college. The country’s infrastructure is crumbling, there’s no decent railroad service, there are mass shootings almost every day, and the US government is spending $813 billion on war this year. The United States refuses to help negotiate a peace agreement between Russia and Ukraine. The twin threats of nuclear war and climate catastrophe hang over our heads. Things are dreadful. We have reached a point summarized by the great Italian revolutionary Antonio Gramsci, who was imprisoned by a fascist dictator. Gramsci famously wrote from his prison cell: “The old world is dying, and the new world struggles to be born: now is the time of monsters.”
Guest – Professor Henry A. Giroux currently holds the McMaster University chair for a Scholarship in the Public Interest in the English and Cultural Studies Department. He has written many books, most recently The Public in Peril: Trump and the Menace of American Authoritarianism and American Nightmare: Facing the Challenge of Facism.
—-
Lawyers You’ll Like: Professor Holly Maguigan
In our Lawyers You’ll Like series we’re joined by Professor Holly Maguigan, Professor of Clinical Law at the New York University School of Law, where she teaches Comparative Criminal Justice Clinic: Focus on Domestic Violence and Evidence. Professor Maguigan is an expert on the criminal trials of battered women. Her research and teaching is interdisciplinary. Professor Maguigan is a member of the Family Violence Prevention Fund’s National Advisory Committee on Cultural Considerations in Domestic Violence cases. She serves on the boards of directors of the National Clearinghouse for the Defense of Battered Women and the William Moses Kunstler Fund for Racial Justice. She is a past co-president of the Society of American Law Teachers, the largest membership organization of law professors in the U.S.
Professor Holly Maguigan:
- I was doing medieval history and I was at Berkeley. It was 1967 and Oakland stopped the draft.
- I got very interested in the anti-war politics.
- I hated lawyers. I really hated lawyers. They were boring. They talked about themselves all the time. They only had stories about their cases and how great they were and they would never post bail when people got arrested.
- The University of Pennsylvania in Philadelphia is where I stayed for 17 years.
- First I started out as a public defender. I loved being a public defender, it was the beginning and end of everything I hoped it would be.
- That’s where I met David Rudovsky and David Kairys. They were then defenders while I was a student.
- After they went out on their own, they kept inviting me to join them. I kept putting it off because I loved being a defender so much.
- In Philadelphia there was much more actual litigation, not just motion litigation there’s a lot of that here in New York City but actual trials.
- You had a sense, there was an analysis that people were doing life on the installment plan and you needed to do what you could to kick them loose any particular time.
- It was a community in its own odd way and I found it difficult to leave it.
- I was doing major felonies within a couple of years.
- David Kairys was very focused on constitutional litigation and government misconduct. He did the Camden 28 which was a big draft resistance case.
- My interest was more into criminal defense.
- Grand juries (all over the country) convened to investigate the alleged transportation of Patty Hearst by the SLA from California where she had been captured.
- He was a killer. (Frank Rizzo) There was no question. More people died in police actions before or since.
- I don’t mean to suggest that all the police started out as homocidal. This was a situation which from the top down came the message if you’re a good cop then you’re going to take people out however you think you need to.
- I knew about race and class bias in the court room as much as a white woman who was middle class could know.
- I was just blown away by what happens when you add hatred of women to hatred of black people and hatred of poor people.
- Judges would go by me in the hall and say Maguigan, ahem, you didn’t give me anything this Christmas, not even one lousy bottle, you’re not getting any assignments.
- Judges would do things, like open the drawer in their chambers, and there would be wads of bills, and they’d let you know.
- I developed a specialty on women who kill men.
- In the early eighties a group in Philadelphia called Women Against Abuse began working and they did advocacy for battered women accused of crime and meant a huge difference.
- The battered women cases I was working on were quite consuming because people then didn’t know very much in how to try these cases.
- The judges expected you to plead insanity or guilty. Reasonable doubt was a consideration at sentencing not at trial.
- There were cases that did require teams. There was no question.
- I wanted to be in court. I wanted to be in the presence of that conflict between the authorities and regular people.
- I went to NYU where I taught in the criminal defense clinic for many years.
- To see students react to the great stories their clients have is just amazing.
- SALT (Society of American Law Teachers) is about who gets into law school, what they learn and who teaches them. It’s about access to justice. It’s about relating to law school as a place where you train people to do social justice. SALT’s focus is on students and teaching.
- Holly Maguigan to be honored by Society of American Law Teachers.
Guest – Professor Holly Maguigan teaches a criminal defense clinic and one in comparative criminal justice as well as a seminar in global public service lawyering and a course in evidence. She is an expert on the criminal trials of battered women. Her research and teaching are interdisciplinary. Of particular importance in her litigation and scholarship are the obstacles to fair trials experienced by people accused of crimes who are not part of the dominant culture. Professor Maguigan is a member of the Family Violence Prevention Fund’s National Advisory Committee on Cultural Considerations in Domestic Violence cases. She serves on the boards of directors of the National Clearinghouse for the Defense of Battered Women and the William Moses Kunstler Fund for Racial Justice. She is a past co-president of the Society of American Law Teachers, the largest membership organization of law professors in the U.S.
———————————————–
- Michael Smith Commentary – Recall Of District Attorney Chesa Boudin
—-
Opposition Grows Against Florida’s Don’t Say Gay Law
In April, Florida Gov. Ron DeSantis signed into law the Parental Rights in Education bill, known as the “Don’t Say Gay” law.
The bill bans instruction or classroom discussion about LGBTQ issues in kindergarten through third grade. Older students may discuss gay and transgender issues if they are “age appropriate or developmentally appropriate.” Florida’s legislators believe that classroom education about sexual orientation and gender shouldn’t start at an early age, and that parents can have the final say about what their children learn and when.
Sex education has already been banned in Florida and many other states until the fifth grade. Critics contend the new law focuses on a problem that doesn’t exist for the state’s youngest students. By limiting discussions about LGBTQ issues, it could stifle conversations for kids who need to process their own gender or sexual-identity questions, they say.
Many school librarians have accused their schools of removing race- and LGBTQ-related books from their shelves to avoid a fight. The Washington Post reported that schools with small budgets cannot afford to contest court challenges that the law will surely draw. Some schools are reportedly peeling off rainbow safe-space stickers from windows. As with other restrictive laws, the chilling effect is already being seen in schools across the nation.
Joining us today is K&L Gates attorney Michael Komo – a triple alumnus of George Washington University. Michael is well known for his work on behalf of the LGBTQ community and has been recognized at the local, state, and federal level, with accolades including Pittsburgh Magazine’s 2021 40 under 40 honorees and City and State PA’s 2022 Pride Power 100 honorees. He co-founded the LGBTQIA+ Anti-Human Trafficking Initiative with the FBI, started the Pride Night Series for Pittsburgh’s professional sports teams, and serves as the chair of the LGBT Rights Committee of the Allegheny County Bar Association.
Guest – attorney Michael Komo is well known for his work on behalf of the LGBTQ community, with accolades including Pittsburgh Magazine’s 2021 40 under 40 honorees. He co-founded the LGBTQIA+ Anti-Human Trafficking Initiative with the FBI, started the Pride Night Series for Pittsburgh’s professional sports teams, and serves as the chair of the LGBT Rights Committee of the Allegheny County Bar Association.
—-
Investigating The Assassination Of Palestinian American Journalist Shireen Abu Aqleh
The Zionist colonial settler state of Israel is not the moral legatee of the victims of the Holocaust much less the moral legatee of the ancient prophets of the Jewish people.
Never has this been more evident than last month with the exposure of the Israeli army’s assassination of the beloved Palestinian American journalist Shireen Abu Aqleh. Assassination is a political murder.
Shireen had covered the Israeli military’s occupation of the West Bank for Al Jazeera for 25 years. The day she was killed she was reporting on the Israeli military invasion of Jenin, an Arab town on the West Bank occupied by the Israeli army for 55 years. She was wearing a helmet and a protective vest marked “PRESS.”
It is the practice of the Israeli army to shoot journalists and otherwise suppress the truth of their war crimes including the illegal theft of Palestinian lands. Israel’s brutal occupation has been going on since it illegally seized the West Bank as a prize of the 1967 war between Israel and three of its neighbors. Since then the Israeli military has ruled the native Arabs. Shireen is the 86th journalist to be killed while covering Israel’s illegal occupation since 1967.
The murder of Shireen was not adequately exposed by the U.S. press. The United States supports Israel politically, ideologically, economically, and morally. The U.S. gives the state of Israel more than $3.8 billion a year in weapons. Shireen was killed by a high-velocity armor-piercing 5.56 mm bullet fired from a Ruger Mini-14 semi automatic rifle – a weapon made in the U.S.
Israel has refused to conduct an investigation of Shireen’s assassination, because it “would provoke opposition and controversy within the IDF [Israeli Defense Force] and in Israeli society in general,” according to the Israeli government. Although complaints have been filed in the International Criminal Court against Israel, the court does not appear to have the political will to thoroughly investigate those charges.
There is an apocryphal story of three rabbis dispatched from a Zionist congress in Vienna many years ago to report back on the situation in Palestine. They reported back that the bride is beautiful but she’s married to another man.
The claim of the Zionist is that Israel was built on a land without a people for a people without a land. This is Israeli propaganda. This propaganda is less and less swallowed by the new generations in the United States and Europe as they witness Israel taking over more and more of historic Palestine and attempting to prevent the truth of what they are doing from coming out.
Guest – Columbia University Professor Rashid Khalidi is a Palestinian American historian of the Middle East, the Edward Said professor of Modern Arab Studies at Columbia University, and Director of the Middle East Institute of Columbia School of International and Public Affairs. He was educated at Yale and Oxford universities and is the author of many books on the Middle East. He is also the author of Under Siege: PLO Decision Making During the 1982 War, Brokers of Deceit: How the US Has Undermined Peace in the Middle East and recently The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017.
—————————————–
Illegal People: How Globalization Creates Migration and Criminalizes Immigrants
California has a water crisis that is rooted in racism. About 1 million Californians in 130 communities still do not have access to clean, safe drinking water. Most of these people live in rural areas primarily populated by farmworker families.
This inequality can be traced to the Great Migration of African Americans from the South to the North at the beginning of the 20th Century. Met with discriminatory real estate practices, they were forced to build or rent homes in colonias with no water mains, sewer lines or lighting.
That racist legacy continues to plague people (primarily of Mexican descent) who live in San Joaquin Valley, one of the richest agricultural areas in the world. Growers who pump large amounts of water from the soil are at the top of the chain when it comes to water access. Next come residences and businesses. At the bottom of the water access chain are the residents of the colonias.
But the people are organizing and they have achieved a victory in their decade-long struggle for equal access to water.
Photojournalist David Bacon has documented this shameful inequality and the legislation the people have secured in his article, “The Color of Water,” which was published in April by The Nation and the Economic Hardship Reporting Project.
Guest – David Bacon is an author, political activist, and former union organizer who has focused on labor issues, particularly those related to immigrant labor. He is Senior Fellow at the Oakland Institute and the author of several books and numerous articles. His most recent book is “More Than a Wall/Mas que un muro” which documents the communities on either side of the Mexico/U.S. border in photographs and journalism.
—-
Disturbing Shift Away From Passwords And Into Biometric ID Systems
Are passwords becoming obsolete? Recently our own Heidi Boghosian published an op-ed in the Los Angeles Times on the disturbing shift away from passwords to fingerprints, eye scans, and other biometrics authentication systems. A consortium of businesses is working with security experts to develop more secure ways to access online accounts. Each year the United States loses TRILLIONS of dollars from avoidable data breaches. And that figure is growing. Compromised login credentials are responsible for at least one fifth of all these breaches.
Enter the FIDO Alliance, or “Fast Identity Online.” Alliance members Google, Apple and Microsoft are working on enabling a password-free world, suggesting users switch to a simple verification of their fingerprint or face—or biometrics.
What are the benefits and risks of such a transition? Heidi is here to fill us in on some biometrics basics, and to demystify how new password-less systems might work, and when we can expect to see them.
Guest – Attorney Heidi Boghosian is executive director of the A.J. Muste Memorial Institute, a charitable organization providing support to activist organizations. Before that she was executive director of the National Lawyers Guild. Her book is coming out in July 2021(Beacon Press). She received her JD from Temple Law School where she was editor-in-chief of the Temple Political & Civil Rights Law Review. She has an MS from Boston University’s College of Communication and a BA from Brown University. Heidi is the author of the 2013 book, Spying on Democracy, and the recent book I Have Nothing to Hide”: And 20 Other Myths About Surveillance and Privacy.
——————————————–
Supreme Court Justice Samuel Alito’s Leaked Draft Opinion
In 1973, the Supreme Court held in Roe v. Wade that the Constitution protects a woman’s right to abortion until the fetus becomes viable, that is, when it can survive outside the womb (which is about 23 weeks of pregnancy). Nearly 20 years later in Planned Parenthood v. Casey, the Court reaffirmed the central holding of Roe and said restrictions that placed an “undue burden” on a woman’s right to abortion were unconstitutional.
In perhaps the most significant leak in the history of the Supreme Court, Politico published a draft opinion that Samuel Alito wrote in Dobbs v. Jackson Women’s Health Organization, which would overturn Roe and Casey. At least four other members of the Court would have to sign Alito’s draft in order to overrule the constitutional right to abortion.
But Politico also reported that, in a straw poll following oral argument in December, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett voted to overrule Roe, Casey and the constitutional right to abortion, and they all continue to hold that position. The Court will issue its final opinion in Dobbs by the end of June.
Although two-thirds of the American people believe that Roe should not be overturned, it appears that the Supreme Court is poised to do just that. Moreover, if the Court says that abortion is not a constitutional right, many other so-called “unenumerated rights” that are not specifically mentioned in the Constitution will also be in jeopardy.
Guest – Erwin Chemerinsky, Dean of Berkeley Law School. Dean Chemerinsky is one of the nation’s preeminent constitutional scholars. He has written 14 books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. He also represents clients and has argued several times before the Supreme Court.
—-
Government Agencies Delay Food Safety FOIA Requests Part 2
The US Freedom of Information Act is a 1967 federal law requiring federal agencies to disclose information to the public. The logic being: “a government of, by and for the people, is transparent and accountable to those people.” In the last half-century, FOIA requests have became critical tools for both journalists and activists seeking to illuminate federal agency activities.
However, since 2014 it’s gotten harder to wrest information from recalcitrant government agencies. Federal agencies began both heavily redacting information, or ignoring requests entirely. Delays have also been noticeably lengthier. The law gives agencies 20 business days to respond. Yet by 2019, the average wait time for a reply to your FOIA request was nearly six months (177 days).
Today’s guest experienced this frustrating process— waiting seven years for the US Fish and Wildlife service to respond. He filed his FOIA in 2014, receiving nothing for ten months, and finally a reply with much the data blacked out. This forced him to sue.
Guest – Attorney Nicholas Arrivo, managing attorney and champion of endangered species at Humane Society of the U.S.
————————
Right Wing Donors Fund Recall Of San Francisco District Attorney Chesa Boudin
Two years ago, attorney Chesa Boudin was elected by the people of San Francisco to reform the criminal justice system in their city. He was specifically chosen to begin reversing the mass incarceration which has been happening since the 1970s. This mass incarceration was a reaction by right-wing forces to the Civil Rights movement. By the time Chesa Boudin was elected, 2.3 million US citizens were behind bars across the country and another 6 million were on probation or parole. The United States has the highest per capita number of people incarcerated and under governmental supervision than any country in the world.
Chesa promised to begin to reverse this outrage. As an opponent of mass incarceration, his campaign emphasized that 75% of the people arrested in San Francisco are either addicted to drugs or mentally ill or both. He developed diversion programs. He got people into drug rehabilitation and/or psychiatric counseling. He emphasized caring not only for those arrested for crimes but especially for their victims.
He sought to and succeeded in making San Francisco a safer city. Now, after two years of Chesa’s service, crime in San Francisco has largely decreased. As Chesa promised, his office has prosecuted police for misconduct and corporate criminals for white-collar crimes.
Right-wing big money forces from outside San Francisco are attempting to recall Chesa Boudin. The vote will take place on June 7 and early voting has already begun. Rich people who don’t even live in San Francisco have played a big role in the campaign. The right-wing strategy for the recall is the use of fear: Fear of change. Fear of crime. Fear of minorities. Fear of unsheltered people living in the streets.
ChesaBoudin.com
Chesa grew up while both of his parents, David Gilbert and Kathy Boudin (who died on May 1st), were in prison serving long terms. He was raised by friends of his parents, Bill Ayers and Bernadine Dohrn, two professors who adopted him and welcomed him into their blended family. As a young boy, he would fly alone to visit his parents and go through the prison metal detector to have a few hours with them in the visiting room. Chesa is one of a number of progressive DA’s in the United States. The right understands that toppling him is critical in their effort to stop and roll back the movement for criminal justice reform.
Guest – District Attorney Chesa Boudin was sworn in as San Francisco District Attorney in January 2020. He’s a Rhodes Scholar who graduated from Yale Law School. After obtaining his law degree, he worked as a law clerk to the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit, and later for the Honorable Charles Breyer of the United States District Court for the Northern District of California.
—-
Alternative Media Under Censorship And Oppression
PayPal, YouTube, and Facebook are quashing non-main stream reporting and opinion about the war in Ukraine. Alternative media is in danger of even more extensive suppression. Archival videos of Chris Hedges’ RT show “On Contact“ were removed from YouTube after RT was banned. This included two interviews Hedges did with cohost of Law And Disorder Radio Michael Smith, another covered Law And Disorder Radio founder Michael Ratner‘s memoir. Consortium News, founded by veteran journalist Robert Parry in 1995 and currently run by Joe Lauria, was banned by PayPal in May. This was also done to Julian Assange and WikiLeaks years ago after they revealed US war crimes in Iraq and Afghanistan.
Consortium News apparently offended the big tech company, possibly with US government connivance, by being critical of US policy in Ukraine. PayPal will not reveal its reasons for the ban. Specifically, Consortium News wrote about NATO’s eastward expansion as well as the US role in the violence in the 2014 Maidan Square overthrow of the democratically elected government of Ukraine and replacing it with one more friendly to US interests.
According to Lauria, Consortium News has about 10,000 listeners a day. Sometimes this spikes to 40,000. Their PayPal account had allowed listeners to click on a support button and thus conveniently give money to the organization. PayPal recently informed Joe Lauria that Consortium News has been permanently banned. It would not discuss why.
Are we facing a dystopian future of big tech and government suppression of alternative journalism? Journalist Matt Taibbi has written that “going after cash is a big jump from simply deleting speech, with a much bigger chilling effect.” This, he added, is “especially true” for “the alternative media world, where money has been notoriously tight.”
Guest – Joe Lauria, Consortium News editor-in-chief. He is a former UN correspondent for The Wall Street Journal, Boston Globe, and numerous other newspapers, including The Montreal Gazette and The Star of Johannesburg. He was an investigative reporter for The Sunday Times of London and began his professional work as a 19-year-old stringer for The New York Times.
————————————————
Michael Smith Editorial On Kathy Boudin
—-
Landmark Case Roe v. Wade Analysis
In headline news, on May 3 a leaked draft Supreme Court opinion was published in Politico. Samuel Alito’s draft decision in Dobbs v. Jackson Women’s Health Organization would overrule the landmark cases of Roe v. Wade and Planned Parenthood v. Casey. Alito writes that abortion is no longer a constitutional right and he leaves it up to the states to enact and enforce laws restricting a woman’s right to choose.
Alito wrote that “Roe and Casey must be overruled,” finding no constitutional right to abortion. If four more conservative members of the Supreme Court agree — which Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett reportedly do at the present time—all reproductive and privacy rights will be imperiled.
If the court overrules Roe, it’s expected that half the states will outlaw or severely limit abortion. Thirteen states with so-called “trigger laws” would immediately ban the procedure. Five states that have pre-Roe abortion bans could once again enforce them. And 14 states would ban abortions before fetal viability.
Prohibition of and restrictions on abortion would disproportionately affect poor women and people of color. People suffering early miscarriages or ectopic pregnancies could be adversely affected if Roe is overturned. Fertility procedures such as in-vitro fertilization, egg extractions and stem cell procedures could be outlawed. Other “unenumerated” rights not specifically mentioned in the Constitution would be jeopardized. They include the right to travel, the right to vote and the right to interracial marriage.
Guest – Attorney Marjorie Cohn – Professor emerita at Thomas Jefferson School of Law where she taught from 1991-2016, a former criminal defense attorney, and past president of the National Lawyers Guild. She lectures, writes, and provides commentary for local, regional, national and international media. On May 6, Marjorie published an article on Truthout titled: Will Demise of “Roe” Be a Death Knell for Contraception, Marriage Rights?
—-
Government Agencies Delay Food Safety FOIA Requests
The US Freedom of Information Act is a 1967 federal law requiring federal agencies to disclose information to the public. The logic being: “a government of, by and for the people, is transparent and accountable to those people.” Getting the act passed was a democratic victory of the movement in the 60s. Over the last half-century, FOIA requests became critical tools for both journalists and activists seeking to illuminate federal agency activities.
The problem is– it’s getting harder to wrest information from recalcitrant government agencies. Federal agencies began both heavily redacting information, or ignoring requests entirely. And delays got noticeably lengthier. The law gives agencies 20 business days to respond. But in 2019, the average wait time for a reply to your FOIA request was nearly six months (177 days).
This forces public safety groups to begin expensive and lengthy lawsuits to get data that’s rightfully ours. Today’s guest has experienced this frustrating process—first requesting information; then waiting years for respective agencies to respond; receiving either no reply or replies with much the data blacked out; and finally, being forced to sue.
Guest – Zach Corrigan, is a champion of food safety and senior attorney at Food and Water Watch. Back in 2018, Mr. Corrigan became concerned when Trump both removed 40% of the federal inspectors and allowed for faster slaughter lines in our nation’s hog slaughterhouses. Letting hog slaughterhouses regulate themselves makes foodborne illness nearly inevitable, because Trump’s new rules precluded adequate safety testing. COVID itself should have taught us that human health is inexorably linked to the health of all other animals and the environment. Yet even the Biden administration is pandering to the meat industry by deregulating it.
———————————–
- Roe v. Wade Editorial by Attorney Jim Lafferty
—-
Paralysis In The US Antiwar Movement
The proxy war between the United States and Russia has been going on in Ukraine, according to some, since February. Others argue it’s been happening since 2014 with the U.S.-organized coup which overthrew the elected government of Ukraine and replaced it with a government more favorable to U.S. interests.
The corporate news media in the United States have downplayed the U.S. role in the 2014 coup, which brought fascists into a European country‘s government for the first time since World War II. At that point, the coup government launched a military action against the Russian speaking population of the eastern Donbas region which had declared its independence by a popular vote. This military action by Ukrainian forces resulted in 14,000 deaths.
It is the position of many antiwar activists in the United States that Russia initiated a war of aggression by invading Ukraine this past February. Other antiwar activists say that Russia acted in self-defense, considering what happened in 2014, the expansion of NATO and military bases up to Russia’s borders; they have refused to outright condemn the Russian invasion.
This disagreement has caused a paralysis in the U.S. peace movement. Moreover, the United States has supplied the Ukrainian government with billions of dollars worth of weapons and has demonstrated no inclination to support a cease-fire or a negotiated settlement.
Some have observed that the United States will fight the Russians to the last drop of Ukrainian blood.
The danger of a nuclear conflagration between the United States and Russia, the world’s two most heavily nuclear armed countries, increases daily. The United States has now articulated its goal in the war: to subjugate the Russians and overthrow the Putin government.
For its part, the Ukrainian government is under tremendous pressure from right-wing forces in the country (the same forces that participated with rifle fire in the 2014 coup) to refrain from engaging in peace discussions. The Ukrainian government is operating under martial law and has banned all opposition parties, including socialists and those advocating for negotiations and peace. Repression in Ukraine is being carried out by the SUB, the Ukraine political police, with advice from the CIA.
What will it take to mobilize antiwar Americans so they act together in a unified way? What demands should they raise?
Guest – Medea Benjamin is the co-founder of the women-led peace group CODEPINK and the co-founder of the human rights group Global Exchange. She serves on the CODEPINK Board of Directors and has been an advocate for social justice for more than 40 years. Described as “one of America’s most committed — and most effective — fighters for human rights” by New York Newsday, and “one of the high profile leaders of the peace movement” by the Los Angeles Times, she was one of 1,000 exemplary women from 140 countries nominated to receive the Nobel Peace Prize on behalf of the millions of women who do the essential work of peace worldwide.
—-
Free Speech And Censorship In The United States
We are taught from a very young age that one of the many blessings of living in an open and democratic nation is that we all have the right to say publicly what is on our mind; that free speech is one of the great hallmarks of our democracy. And yet, throughout our nation’s history there have been periods of time when the constitutional guaranty of free speech has been under serious assault. And this is one of those times. Less than 50% of students, as well as all other American adults, feel the right of free speech is fully secure in the United States today. And I’m afraid they are correct.
In recent years a number of public opinion surveys have disclosed that a goodly number of Americans believe people with hateful or very controversial views that might unduly excite people, or insult people, should not be allowed to express those views in the public arena. And this is true of both liberals and conservatives. At least one in four college students think it’s fine to ban highly controversial speakers from their college campus and, in fact, one in six students believe that if all else fails, they can resort to physical intervention to prevent them from speaking on campus.
Well, as the old adage about it not being legally permissible to shout “fire” in a crowded movie theater, what are the limits on free speech today? Should racist speech be allowed? How about misogynous speech? Or pro-Palestinian and anti-Israel speech? Does the fact that our nation is very divided, very tribal today, inform the answers to such questions? Well, we’ve a lot to cover today. Let’s get started.
Guest – Attorney Nadine Strossen is the New York Law School’s John Marshall ll Professor of Law, Emerita. From 1991-2008 she served as the president of the American Civil Liberties Union, the first woman to do so. When she stepped down as ACLU president in 2008, three US Supreme Court Justices participated in her farewell and tribute luncheon: Ruth Bader Ginsburg, David Souter and Antonin Scalia. Her 2018 book, is “HATE: Why We Should Resist It With Free Speech, Not Censorship,” and her earlier book, “Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights,” was named a “notable book of 1995 by the New York Times.
—————————
US Petitions The ICC For War Crimes
As the war in Ukraine continues to rage, the U.S. Senate passed a resolution that “encourages member states to petition the [International Criminal Court] or other appropriate international tribunal to take any appropriate steps to investigate war crimes and crimes against humanity committed by the Russian Armed Forces.” Yet the United States has consistently undermined the ICC. The U.S. government thinks the ICC is reliable enough to try Russians but not U.S. or Israeli officials.
Today on Law and Disorder we will examine the matter of what constitutes war crimes, whether war crimes have been committed by either side in Russia’s war in Ukraine, and the role of the International Criminal Court in adjudicating whether or not war crimes have in fact been committed.
Guest – Marjorie Cohn – Law and Disorder co-host, professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, a member of the advisory board of Veterans for Peace, and the bureau of the International Association of Democratic Lawyers. She writes a regular column on Truthout and provides frequent legal and political commentary for local, national and international media. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.
—-
Beyond Fossil Law: Climate, Courts, and the Fight for a Sustainable Future
The technology exists to halt and reverse the ongoing catastrophe of climate change. What is lacking is the political will to do it.
It is legal in the United States to put millions of tons of poison into the air but it is illegal to disrupt this ecocide. Our courts and Congress defend this ecocide. What is to be done?
In 2016, four people known as “the valve turners“ shut down four pipelines in the states of Washington, Montana, Minnesota, and North Dakota. They were arrested and tried. How did the valve turners defend themselves? They mounted the defense of necessity.
The necessity defense is the legal concept that a person can commit a minor crime in order to prevent a larger one. In this case the valve turners admitted to trespass on oil pipeline company property in order to prevent their ongoing contribution to the crisis of climate change.
Guest – Attorney Ted Hamilton, author of the just-published book, “Beyond Fossil Law: Climate, Courts, and the Fight for a Sustainable Future.“ Bill McKibben describes Ted Hamilton book as “a sweeping account of how the legal system enables the ongoing destruction of the planet.“. Ted Hamilton is a climate movement lawyer, writer, and literary scholar. After law school, he co-founded the Climate Defense Project, which provides legal assistance to climate justice activists including the valve turners. He lives in Worcester, Massachusetts.
—————————————-
Radio Documentary – It Was Genocide: Armenian Survivor Stories
Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.
The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.
Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.
As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.
Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.
Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.
—-
Horrors Of Adana by Bedross Der Matossian
In April 1909, a few years before the 1914 Ottoman massacre of Armenians, two massacres killed more than 20,000 Christians, primarily Armenians. They transpired in Adana, situated on the Mediterranean cost of southern Anatolia. Images of the area after the attacks show unprecedented destruction of a formerly prosperous city. Armenian churches, businesses, and homes were destroyed, and the violence quickly spread across the province and extended outside its eastern borders into the province of Aleppo.
Despite the magnitude of these devastating atrocities, no one was held accountable. In fact, they have have remained largely absent from history books. But that’s about to change.
Guest – Bedross Der Matossian has written a meticulously-researched examination of these events. It’s called The Horrors of Adana: Revolution and Violence in the Early Twentieth Century, and it’s published by Stanford University Press. It’s a detailed exploration of the twin massacres and the events and the economic and sociopolitical transformations leading up to them. He is Associate Professor at the University of Nebraska, Lincoln, and the president of the Society for Armenian Studies. He is the author and co-editor of several books including the award-winning book, Shattered Dreams of Revolution: From Liberty to Violence in the Late Ottoman Empire.
——————————-