Law and Disorder February 26, 2024

 

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

——————————–

Law and Disorder February 12, 2024

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 Invites It 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 It In.

Hosted by Attorneys Michael Smith and Jim Lafferty

————————————–

Law and Disorder January 8, 2024

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

—————————————-

 

Law and Disorder November 6, 2023

Israel’s Unfolding Crime of Genocide of the Palestinian People & U.S. Failure to Prevent and Complicity in Genocide

We’re now in week four of Israel’s massive military assault against the people of Gaza and the West Bank, which began in response to Hamas’s brutal attacks in Southern Israel on Oct. 7th, which killed 1,400 people and resulted in more than 200 people being taken hostage.

Israel contends the military bombardments are justified as self-defense. But others, such as Secretary General of the United Nations Antonio Guterres, insist that although the attacks by Hamas on Oct. 7 were “appalling,” Israel’s “collective punishment” of civilians cannot be justified under humanitarian laws.

Worse, according to the global charity Save the Children, in the past three weeks, more children have been killed in Gaza than in all of the world’s conflicts combined in each of the past three years. Defense for Children International-Palestine reported that 40% of the Palestinians killed in Gaza are children, and that as of October 30, Israeli forces have killed at least 3,450 kids, and over 1,000 more are missing.

On October 18, 2023, the Center for Constitutional Rights (also known as CCR) published an emergency legal briefing called, Israel’s Unfolding Crime of Genocide of the Palestinian People & U.S. Failure to Prevent and Complicity in Genocide. The 44-page document provides a sobering legal and historical analysis of the current situation in Israel, the West Bank and Gaza.

We are so grateful to have with us two members of CCR’s legal team working on the legal analysis of genocide.

Guest – Astha Sharma Pokharel, CCR staff attorney who specializes in international humans rights and in challenging racial and environmental injustice, and has represented individuals targeted for their Palestine solidarity advocacy.

Guest – Sadaf Doost, an attorney and Bertha Justice Fellow at CCR. Sadaf focuses on human rights in the context of Afghanistan and Palestine, and challenges unlawful detentions at Guantánamo Bay and environmental racism in Cancer Alley.

—-

Class Action Anti-Trust Case Against Metropolitan Museum of Art

George Grosz was a German artist whose work very effectively satirized the new Nazi regime in Germany for the thugs and buffoons that they were. As a consequence, he was forced to flee to New York City, where he taught for many years at the prestigious Art Student League. Our guest today, Bob Cenedella, was his student and later a teacher at the league. Like his mentor, Bob Cenedella is a political person and a fine artist. His work has not been acquired by any museum. Nor does he have representation by a gallery.

Five years ago Cenedella brought a class action anti-trust lawsuit against the Metropolitan Museum, the Museum of Modern Art and others in New York City. The basis of his lawsuit brought on behalf of himself and others, was that the museums, along with the galleries and auction houses control the art market and made it almost impossible for artists who expressed political sensibilities to be recognized or adequately compensated.

In his lawsuit, Cenedella says that “ I, firmly believe it has become my duty and responsibility to expose, what I believe to be, the corporate museum cartel for the role they play in the manipulation of the overall art market. The system today – put in place by galleries, auction houses, and art critics– has nothing to do with talent, development of skill, or maturation of the art world. I am taking extreme, legal measures – suing the museums – not just for myself, but for the innumerable other deserving artist as well.” Contemporary art has become a “Con”and “temporary .“

Guest – Robert Cenedella has been a member of the New York City contemporary art scene for more than four decades. He studied with George Grosz at the Art Students League of New York where he taught for many years. Cenedella‘s art work, as M.K. Flavell writes in her biography of Georg Grosz. “Chronicles the every day life and the change in rituals and mythologies of sex, sports, art, politics, money, making in contemporary America, with a combination of imaginative, vitality, precision, and humor.“ His lawsuit was dismissed by a federal court in New York City. Contact : artmutt (at) aol (dot) com

Hosted by attorneys Michael Smith and Maria Hall

————————————–

Law and Disorder September 25, 2023

Assange: Journalism Is Not A Crime

Julian Assange is the greatest journalist of our time. By publishing the truth about secret government surveillance of American citizens and American war crimes in Iraq and Afghanistan and other places the American government and the CIA have plotted to kidnap and kill him.

They initially smeared his name falsely, accusing him of being a rapist, forced him to get political asylum in the Ecuadorian embassy in London where they videotaped conversations with his lawyers and stole the contents of their phones and computers. At his extradition hearing in London, where the British government did the bidding of the US, they kept him incommunicado in a glass box and the judge made her decisions before she heard the evidence.

They have had him imprisoned in torturous solitary in the notorious Belmarsh prison in London for four years. He could be extradited to the United States any minute from now to stand trial on the false accusation of espionage to which he answers “journalism is not a crime.“ He will certainly be convicted and entombed in what amounts to a death sentence.

The rule of law is crashing in our country. What is being done to Julian Assange is being done in the name of the law.

Guest – Craig Murray has written the most penetrating and eloquent accounts of Julian Assange’s predicament. Murray was the former British ambassador to Uzbekistan. He was fired for blowing the whistle on his country’s practice of torture. He himself has recently served four months of solitary confinement in prison, where he was put, he believes, to prevent him from testifying at the trial of David Morales – whose company contracted with the CIA to spy on Julian and his attorneys. This alone should’ve caused the case against Julian to be dismissed.

—-

UAW Organized Labor Strike 2023

It’s no secret that the size and strength of the union movement is not, today, what it has been in the past. Where once more than 30% of the U.S. private workforce was unionized, today it’s only about 5 or 6 percent, with another 33% of workers in unionized government jobs. Harsh, pro-employer labor laws are a big reason for the decline in unionized jobs, as is the change in the percentage of manufacturing jobs in the U.S.

But in the last few years, despite the harsh laws governing union organizing, we’ve witnessed a surge in militant and successful strikes by workers. Nurses, schoolteachers, more recently the UPS workers, and now the strike by the United Auto Workers. Today we examine the UAW strike, the new way it is being conducted, and to learn what it can tell us about this increased union militancy, why it’s happening now, and what it portends for the future.

And our guest for this topic could not be a better person to help us understand the UAW strike, and the increased militancy of workers and union actions across the United States, in general.

Guest – Dianne Feeley, a 60’s radical who started off working with the Catholic Worker movement in New York City. Ms. Feeley is, herself, a retired auto worker, and former member of the UAW Local 22 in Detroit, Michigan. She is currently a leader in the socialist, feminist organization Solidarity, and writes regularly for both the Jacobin Magazine and the magazine, Against the Current.

Hosted by attorney Jim Lafferty

———————————