Law and Disorder March 25, 2024

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.

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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.

 

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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.

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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

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Law and Disorder July 25, 2022

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.

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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.

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Law and Disorder April 18, 2022

Federal Case Against Donald Trump

There is a great deal of speculation as to whether former president Donald Trump will eventually be indicted for crimes allegedly committed while he was the president. Well, in what might prove to be the most serious blow yet to Trump’s effort to stay out of jail, on March 28th, a federal judge ruled that both former president Trump and Atty. John Eastman who had advised him on how to overturn the 2020 election had most likely committed felonies, including obstructing the work of Congress and conspiring to defraud the United States. The ruling represents a highly significant breakthrough for the House committee investigating the January 6th attack on the Capitol. Judge David O. Carter found that the actions taken by Trump and Eastman amounted to “a coup in search of a legal theory.”

The judge’s ruling may be the House committee’s biggest win to date, as it suggests that the investigators have already built a case strong enough to convince a federal judge of Trump’s culpability in the January 6th insurrection.

Specifically, the ruling means that the House committee will now receive more than 100 emails related to the legal strategy proposed by Eastman to pressure Vice President Mike Pence not to certify electors from swing states when Congress convened on January 6, and thus to not certify the electoral vote. In making his ruling Judge Carter said, “Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history.”

Just how significant is this federal court ruling? What would a federal prosecutor need to show a judge and jury to be able to hold Trump liable for his actions around January 6th? And what about other actions by the former president while in office that many criminal law experts claim were illegal? And, of course, what role will politics ultimately play in determining whether Trump ever stands trial and is convicted by a jury?

Guest – Attorney Michael Tigar. Michael Tigar has been acting professor of law at UCLA, the Jos. D. Jamil Chair of Law at the University of Texas, and the holder of an endowed professorship at Washington College of Law. He is the author of numerous books, including Thinking About Terrorism: The Threat to Civil Liberties in Times if National Emergency and most recently, Sensing Injustice: A Lawyer’s Life in the Battle for Change. He has also represented such notable clients as The Washington Post, Rep. Ron Dellums, and Lynne Stewart.

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Russia, Ukraine War Analysis

And now to the matter of Russia’s war in Ukraine and the role of a free press in war time. Today, much is made of the fact that in Putin’s Russia, little or no accurate news of the war is reaching the Russian people. Instead, what they read in their newspapers or hear on their radios and see on their televisions is no more or less than what Putin wants them to read or see or hear. Meanwhile, here in the United States, the American people are provided with virtually non-stop newspaper and live eve-witness television coverage of the war in Ukraine; “coverage” that comes from reporters and others, often in real time, and on the ground in the middle of Putin’s war. Surely the dramatically contrasting way in which the Russian people and the American people are experiencing the war via the media must play a major role in how the two peoples feel about the war. So, too, how the US wars in Iraq and Afghanistan were covered by the US media must have played a role in how we, the American people, felt about those wars. Well, today we look at the role a nation’s media can play in shaping public support for or against a war that is being fought by that nation.

Guest – Norman Solomon is truly one of America’s true champions of a free and honest press, free and honest in war time as well as in peacetime. Mr. Solomon is one of the founders of F.A.I.R., or Fairness and Accuracy in Reporting, which has proved to be a powerful watchdog of the US media. Norman Solomon is also the co-founder of the internet news and opinion source, RootsAction.org. He is, of course, the author of too many articles to recite here. He is also the author of a number of books, including “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death;” and “Made Love, Got War: Close Encounters with America’s Warfare State.”

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Law and Disorder November 29, 2021

Attorney Jim Lafferty Commentary On Rittenhouse Case

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Victims of Agent Orange Relief Act of 2021

The Vietnam War ended in 1975, but Vietnamese people today continue to suffer the effects of Agent Orange, the deadly dioxin-containing chemical weapon that the U.S. sprayed over 12 percent of South Vietnam from 1961-1971, poisoning both the people and the land. The defoliant was used to more effectively prosecute the war against the Vietnamese people, exposing their hideouts, destroying their crops and food.

Descendants of approximately 2 to 4 million Vietnamese people, hundreds of thousands of U.S. Vietnam veterans, and Vietnamese-Americans who were exposed to the toxin continue to record disproportionate rates of congenital disabilities and higher rates of many diseases.

U.S. veterans receive some compensation from the U.S. government, but very little assistance has been given to the Vietnamese people, who were the intended victims of the defoliant Agent Orange. Thus, on May 25, Rep. Barbara Lee (D-California) introduced H.R. 3518, the Victims of Agent Orange Relief Act of 2021, in the House of Representatives. The Vietnam Agent Orange Relief & Responsibility Campaign (for which I serve as co-coordinator) assisted Lee in drafting the bill.

Lee said, “The United States has a moral responsibility to compensate the victims of the Agent Orange campaign. In the same way we are focused on beginning to repair the damage of systemic racism in the form of reparations, and the war on drugs with restorative justice, it is also our responsibility to try and atone for this disgraceful campaign during the Vietnam War.”

Susan Schnall is  co-coordinator of the Vietnam Agent Orange Relief and Responsibility Campaign. She was an active duty Navy nurse during the conflict in Vietnam and in 1969, she was tried and found guilty by general court martial of conduct unbecoming an officer for dropping anti-war flyers over military bases in the San Francisco Bay area and an aircraft, and wearing her uniform in the GI and Veterans March for Peace demonstration in San Francisco.

Guest – Susan Schnall is a member of Vietnam Veterans Against the War and the American Public Health Association. She is also President of the New York City Veterans for Peace chapter and a board member of national Veterans For Peace. Susan organized and led a delegation of Science/Public Health professionals to Vietnam in 2013 to survey the land that had been contaminated by the US use of Agent Orange/dioxin and visit the people who had been harmed by the chemicals. In 2006, Susan was awarded the medal for peace and friendship between peoples by the Vietnam Union of Friendship Organizations.

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The U.S. Role In Cuba Destabilization

First the Trump and now the Biden administration have accelerated their efforts to destabilize and overthrow the Cuban socialist government with the aim of reestablishing capitalism on the island.

This effort is 62 years old going back to 1959 when a popular revolution lead by Fidel Castro and Che Guevara succeeded in getting rid of the U. S. imposed dictator Batista. The still popular revolution  has improved the lives of the Cuban people. Back in 1959 Cuba was a U S. colony.  Its resources were owned by US corporations, its dictatorial government was a puppet of the United States.

The population, both urban and rural, was desperately poor. These were the people who made the revolution.  The new government instituted land reform. They offered to pay the US corporations for the value of the land. The corporations refused so the Cuban government nationalized the land and  re-distributed it to the peasantry, as was their legal right.

In retaliation, the US-owned oil refinery was shut down, crippling the Cuban economy. So the Cubans nationalized the oil refinery, the telephone company, the nickel mines and so on. This all came under control of the Cuban people. This is the essence of the Cuban revolution. The US Government immediately instituted its policy, which continues to this day, of isolation and aggression. It started in 1960, a year after revolution. President Dwight D Eisenhower, pursuant to a 1960 memo written by a senior state department official, the US Government instituted a financial, economic, and commercial blockade of Cuba which is enshrined in our law and continues to this day.

Trump introduced some 200 new measures to overthrow the Cuban revolution. Biden continued this effort with even more measures. The US government and its counter-revolutionary supporters in South Florida promoted the recent July 11 demonstrations in cities throughout the island. These demonstrations were joined by many Cubans who have valid criticisms about bureaucracy, mismanagement, and corruption in the Cuban government. For example, there are long lines people have to wait in to buy food and a lot of items are unavailable.

The situation of the Cuban people is one of hardship brought about by the 60 year old commercial and economic blockade set up at United States. Their suffering has been further exacerbated of course by the pandemic. Cubans suffer a shortage of food and medicine and a blow to the economy which was largely based on tourism. The US counter-revolutionary efforts involve a massive spending of money on social media and a direct  role in organizing opponents of the Cuban government. After the July demonstrations a new one was planned for November 15. It was a total flop.

Guest – Attorney Art Heitzer, author and head of the Cuba subcommittee of the National  Lawyers  Guild.

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