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Law and Disorder August 28, 2017


 

Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America

The spectacle of President Donald Trump and the palace intrigue in the White House has served daily to distract people from the political strategy and accomplishments of the radical right, which is taking over the Republican Party.

Over time, the GOP has been transformed into operation conducting a concerted effort to curb democratic rule in favor of capitalist interests in every branch of government, whatever the consequences. It is marching ever closer to the ultimate goal of reshaping the Constitution to protect monied interests. This gradual take over of a major political party happened steadily, over several decades, and often in plain sight.

Duke University Professor Nancy MacLean exposes the architecture of this change and it’s ultimate aim. She has written that “both my research and my observations as a citizen lead me to believe American democracy is in peril”.

Guest – Professor Nancy MacLean, whose new book, Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, has been described by Publishers Weekly as “a thoroughly researched and gripping narrative… [and] a feat of American intellectual and political history.” Booklist called it “perhaps the best explanation to date of the roots of the political divide that threatens to irrevocably alter American government.” The author of four other books, including Freedom is Not Enough: The Opening of the American Workplace (2006) called by the Chicago Tribune “contemporary history at its best,” and Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, named a New York Times “noteworthy” book of 1994, MacLean is the William H. Chafe Professor of History and Public Policy.

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Senate Intelligence Committee Torture Report: Attorney Scott Horton

Guantanamo suicides, CIA interrogation techniques, CIA ordered physicians who violate the Hippocratic oath, are topics of some recent articles by returning guest attorney Scott Horton. Last month, he was on Democracy Now to debate former CIA General Counsel John Rizzo on the question of declassifying a Senate Select Committee on Intelligence report about the agency’s secret detention and interrogation programs. His book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy will be published January 2015.

Attorney Scott Horton:

  • I think the results flow directly from the media coverage (ABC poll on Torture report)
  • Now major publications and broadcasters that hedged using the word torture have stopped doing that. There are only a handful of media sources that won’t do it. NPR being one of them.
  • The media also presents roughly twice as much time devoted to people justifying the use of torture techniques to those criticizing it.
  • Barack Obama who should lead the push back has gone completely silent. It’s beyond silent he talked about “tortured some folks” making it very casual, and then he said the torturers were patriots.
  • I thought it was electrifying reading. 90 percent of it I’ve heard about before and still when you read them in this clinical, plain, highly factual style and things were developed with a continuous flow with lots of background in decision making in Washington at the top and how all this effected what happened on the ground.
  • As a consumer of Congressional reports this probably the single most impressive Congressional oversight report I’ve ever seen.
  • It’s an excellent example of what the oversight committee should be doing all the time.
  • They’re doing this with respect to a program which was essentially or very largely wrapped up by October 2006.
  • We’re talking about 8 1/2 years ago.
  • They’re only able to do this kind of review in any depth when its historical, not when its real time oversight, that’s disappointing.
  • One thing that emerges from looking at these reports and the military reports is that there is a huge black hole which has never been fully developed and explored and that’s JSOC, its the military intelligence side.
  • That escaped review within the DOD process and it escaped review in CIA process and its clear that there’s a huge amount there.
  • I certainly don’t expect prosecutions to emerge for the next couple of years in the United States, but I see a process setting in that may eventually lead to prosecutions.
  • On the one hand we’re seeing a dangerous deterioration in relations with Russia, is an aggressor, which has seized territory in the heart of Europe, is waging a thinly veiled war on one of its neighbors. That is very unnerving to the major NATO powers.
  • On the other hand there’s never been a period in the history of the alliance when there is so much upset at the United States.
  • That’s come largely from the rise of the surveillance state and the role of the NSA.
  • I was looking at this report, and we know that in 2006, there was an internal review that led the CIA to conclude that these interrogation techniques were ineffective and the CIA internally decided to seek a large part of the authority for EIT’s and operation of black sites rescinded.
  • Another thing that’s very important here from this report, it tells us that Michael Hayden, George Tenant, Porter Goss and other very senior people at the CIA repeatedly intervened to block any form of punishment of people who are involved with torture and running the black sites.
  • That’s important because of the legal document Command Responsibility. The law says when command authority makes a decision not to prosecute and immunize people involved with torture and abuse, that results in the culpability of these crimes migrating up the chain of command.
  • I interviewed CIA agents who were involved in this program, and they told me they’ve all been brought out by legal counsels office and told – they may not leave the country.
  • That means you’ve got roughly 150 CIA agents, including many people near the top of the agency who can’t travel right now.
  • Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy

Guest – Scott Horton, human rights lawyer and contributing editor to Harper’s Magazine. Scott’s column – No Comment. He graduated Texas Law School in Austin with a JD and was a partner in a large New York law firm, Patterson Belknap Webb & Tyler. His new book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy.

Law and Disorder August 22, 2016


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The Movement For Black Lives

In response to the ongoing violence by police against Black communities across the United States, more than 50 organizations have come together to express a common vision and agenda for change. The Movement for Black Lives has issued a call to end the war against Black people that includes ending the criminalization, imprisonment and killing, not only of Black individuals, but all oppressed people. Broad areas for reform include economic justice, ending the war on Black people, reparations, invest-divest, community control and political power.

Guest – Donna Murch, Professor of History at Rutgers University and author of Living In The City: Migration, Eduation and the Rise of the Black Panther Party. She also contributed an article to the forthcoming verso press book “False Choice: The Faux Feminism of Hillary Clinton.

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U.S. – Saudi Arabia Arms Deal

Last month Congress narrowly approved the sale of cluster bombs to Saudi Arabia. They are being used in the Saudi war against Yemen and are dropped on civilians. The bombs are manufactured by the General Dynamics Corporation, part of the American military Industrial complex. Now a second arms sale, this one involving tanks and armored personnel carriers, is up for Congressional approval.  A number of peace groups including human rights watch have come out against it. Last week a New York Times editorial stated that “Congress should put the arms sales on hold and President Obama should quietly inform Riyadh that the United States will withdraw crucial assistance if the Saudis do not stop targeting civilians and agree to negotiate peace. ” The Saudi Arabian Monarchy  has been a long time ally of the United States and provides a significant amount of oil to United States as well as being a major purchaser of American corporate made weapons.  They are used in Yemen and illegal under American law.

Guest – Phyllis Bennis directs the New Internationalism Project at IPS, working as a writer, activist and analyst on Middle East and UN issues. She is also a fellow of the Transnational Institute in Amsterdam. In 2001 she helped found and remains active with the U.S. Campaign to End the Israeli Occupation. She works with many anti-war organizations, and writes and speaks widely across the U.S. and around the world as part of the global peace movement. She has served as an informal adviser to several top UN officials on Middle East and UN democratization issues.

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Bush

George W. Bush is now 70 years old and retired on his ranch outside of Crawford Texas.  Many Americans remember him as a clueless figure on the morning of September 11, 2001 reading My Pet Goat to a classroom of children. They think of Bush as a hands-off leader who turned over the reins of power to his Vice President Dick Cheney, Secretary of Defense Donald Rumsfeld, and the head of the CIA George Tenet.  But the major decisions after the attacks on September 11, 2001, including the bombing of Afghanistan, the opening of the Guantánamo offshore prison camp, torture, and the introduction of the Patriot Act, and the war on Iraq were made by George W. Bush, who denominated himself as “the decider.” He had “and unnerving level of certitude” –  as Jean Edward Smith, author of the recent expansive biography called “Bush” has written.  Smith writes that Bush “firmly believed that he was the instrument of God’s will.”

Guest – Professor Jean Edward Smith, is ean Edward Smith is the author of twelve books, including highly acclaimed biographies of Chief Justice John Marshall, General Lucius D. Clay, and Ulysses S. Grant (a 2002 Pulitzer Prize finalist). A graduate of Princeton and Columbia Universities, Smith taught at the University of Toronto for thirty-five years before joining the faculty at Marshall University where he was the John Marshall Professor of Political Science.

Law and Disorder July 11, 2016


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Non-indictment of Hillary Clinton

FBI Director James Comey announced at a press conference last week that the FBI had concluded its investigation of Hillary Clinton’s use of her personal email account for State Department business and that he would recommend no criminal charges against her. Comey said that Clinton’s use of a private email address and server while she was  Secretary of State was “extremely careless.” The investigation found that she had sent eight top secret documents through a hackable email account and that it was possible hostile foreign governments could’ve gained access. Since the announcment the House Oversight and Government Reform Committee chairperson Jason Chaffetz has called for an investigation to whether Clinton lied to Congress. In order to warrant a criminal indictment there had to be evidence that Clinton intentionally transmitted or willfully mishandled classified information.

Guest – Attorney Carey Shenkman, who primarily represent journalists, publishers, and filmmakers at risk of censorship or political persecution. He focuses on First Amendment, international law (particularly freedom of expression and right to protest), journalist and source protection, extradition. Carey had worked for Michael Ratner and now represents Julian Assange.

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Chelsea Manning Alleged Suicide Attempt Update

Lawyers acting for imprisoned Chelsea Manning, the Army soldier who as a truth teller passed evidence of US war crimes on to Wikileaks have expressed fury at the military authorities handling of her medical status amid a swirl of media speculation that she had attempted suicide. Manning who is serving a 35 year sentence for leaking secret diplomatic cables and other official documents has been cut off from contact with her lawyers and all other outside connections for more than 36 hours causing alarm among those closest to her. The sudden severing of contact follows a rash of media reports based on unconfirmed rumors about her medical condition. The Army is refusing to give details about what has happened. Persistent inquiries by the Guardian has produced only a statement from the Dept of Defense that stated the soldier was taken to the hospital in the early hours of Tuesday last week and now he’s been returned to Levenworth Prison.

Guest – Alexa O’Brien researches and writes about national security and capital crimes. Her work has been published in VICE News, The Cairo Review of Global Affairs, Guardian UK, Salon, The Daily Beast, and featured on the BBC, PBS Frontline, On The Media, Democracy Now!, and Public Radio International. In 2013, she was shortlisted for the Martha Gellhorn Prize for Journalism in the UK and listed in The Verge 50. ChelseaManning.org

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Federal Circuit Court: Criminal Defendants No Reasonable Expectation of Privacy On Personal Home Computers

Most of us assume that what we write on our own computers, in our own homes, is completely private. But a recent federal court decision held that criminal defendants have no reasonable expectation of privacy on their personal, home computers. And the government doesn’t need a warrant to hack into an individual’s computer.

In 2014, the FBI hacked–taking over and operating– a child pornography website called Playpen, for two weeks after a Virginia court issued a warrant to do so. Agents used software that bypassed Playpen users’ anonymity, enabling them to be tracked digitally. More than 135 people faced charges.

As courts are grappling to apply traditional rules of criminal procedure and constitutional law in these cases, several bad decisions are being made. At the forefront of educating the public about our digital rights is the Electronic Frontier Foundation, who filed an amicus brief in this case.

Guest – Sophia Cope, Staff Attorney at the Electronic Frontier Foundation. Previously, she worked at the Newspaper Association of America on freedom of the press and digital media issues, with a focus on protecting journalists’  confidential sources.

Law and Disorder June 6, 2016


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Lawyers You’ll Like : Attorney Jim Lafferty

Periodically we feature a segment on Law and Disorder called Lawyers You’ll Like. Our guest today is attorney Jim Lafferty.  Jim has been a lawyer and movement activist in Detroit, New York City, and Los Angeles since the 1960s when he served as executive director of the National Lawyers Guild and carried out civil rights work in the deep South. He was one of the national leaders of the anti-war movement during the Vietnam War.  He also headed up the very successful National Lawyers Guild chapter in Los Angeles for 25 years.

Guest – Jim Lafferty, Executive director of the National Lawyers Guild in Los Angeles and host of The Lawyers Guild Show on Pacifica’s KPFK 90. 7 FM.

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American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes

World War II started on September 1, 1939 when fascist Germany attacked its neighbor Czechoslovakia.  By the end of the war six years later some 80 million people had died and the continent lay devastated. The first trials of 22 Nazi leaders, general’s and bankers wer organized by the victorious allies, America, Britain, Russia, France and took place in Nuremberg Germany.  19 were found guilty and executed.  Robert H Jackson, Associate Justice of the US Supreme Court and Chief Prosecutor for United States and Nuremberg wrote then that “we must not forget that the record on which we judge the defendants today is a record in which we will be judged tomorrow.” A recent article –  Crimes of the War on Terror Should George Bush, Dick Cheney, and Others Be Jailed? 

Intentional war is the greatest of all crimes because it contains with it all the rest of horrible crimes. The United States of America’s intentional war against Iraq, which was motivated to the public with lies about weapons of mass destruction, and which has since spread to six other countries in the Middle East, has resulted in over 1 million deaths, driven millions more from their homes, and destroyed ancient peoples and their cultures.

The United States helped establish the international principles that guided the prosecution of war crimes when Nazi officials were held accountable for their crimes against humanity. But the American government and its legal system have consistently refused to apply the same principles to our own officials. In her book American Nuremberg, Rebecca Gordon indicts the officials who, in a just society, whould be put on trial for war crimes and crimes against humanity.  She acknowledges that the U.S. government is unlikely to do this and proposes an alternative based on the Russell Tribunals held in 1967 exposing American criminality in the war against Vietnam.

Guest – Rebecca Gordon received her B.A. from Reed College and her M.Div. and Ph.D. in Ethics and Social Theory from Graduate Theological Union. She teaches in the Philosophy department at the University of San Francisco and for the university’s Leo T. McCarthy Center for Public Service and the Common Good. Previous publications include Letters From Nicaragua and Cruel and Usual: How Welfare “Reform” Punishes Poor People . Prior to her academic career, Gordon spent a few decades working in a variety of national and international movements for peace and justice. These include the movements for women’s liberation and LGBT rights; movements in solidarity with the struggles of poor people in Central America; the anti-apartheid movement in the United States and South Africa; and movements opposing U.S. wars in Iraq and Afghanistan.

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Law and Disorder May 16, 2016


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Tomas Young’s War

At age 19 Tomas Young joined the Army two days after the 9/11 attacks. For patriotic reasons he wanted to fight in Afghanistan because of that country’s connection to the attack.

He was instead deployed to Iraq, a country that had zero connection to the attacks on September 11, 2001. He was in Iraq but a few days when he was shot in an insurgent ambush while sitting in the back of an open truck driving through an area of unrest in Baghdad.

The first shot severed his spinal cord paralyzing him from the nipples on down. The second shot shattered his knee. He never felt it. Tomas Young lived for nine years with his catastrophic injury. He became a forceful and eloquent spokesman against the war in Iraq.

The movie “body of war” was made about him.  Tomas died of his injuries in 2014 at the age of 34.

Guest – Cathy Smith, a single mother who had cared for her son Tomas and advocated for him.

Guest – Mark Wilkerson spent eight years in the U.S. Army as an AH-1 Cobra & UH-60 Black Hawk helicopter crew chief with the 3rd Infantry & 101st Airborne Divisions. He was deployed with the 101st to Mogadishu, Somalia, for six months in 1993. Mark has three children, Alex, Nick and Sam. He lives in Louisville, Kentucky with his wife Melissa. This is his third book. Phil Donahue and the DONAHUE show have been honored with 20 Daytime Emmy Awards, including nine for Outstanding Host and a George Foster Peabody Broadcasting Journalism Award.

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Surveillance State and Tor

As computer technology has evolved and communications providers have profited, law enforcement and government intelligence organizations increasingly lobby to mandate that data services be engineered to allow them “back door” access to encrypted data.

Even as expansive anti-terrorism legislation provides more ways for the government to harvest our personal data, calls still continue for regulation of technology to ensure extra access channels. With each high-profile criminal attack, on U.S. soil or elsewhere across the world, government efforts to access personal communications gain momentum.

Years ago, many considered TOR, software that enables anonymous communication, to be equivalent to the Dark Net, the nefarious sites and services accessible on the Tor network that promote/enable illegal activity such as drug and gun marketplaces. After Edward Snowden’s massive data release, however, TOR use in the last year has grown quickly.

Guest – Shari Steele, Executive Director of the Tor Project. As the former director of the Electronic Frontier Foundation, Shari built it into the nation’s preeminent digital rights organization.

 

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Law and Disorder April 11, 2016


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From #BlackLivesMatter to Black Liberation

Cornel West calls it the best analysis we have of the Black Lives Matter moment of the long struggle for freedom in America. Keeanga-Yamahtta Taylor’s new book, “From #BlackLivesMatter to Black Liberation,” explores how a new generation of Black radicals–in challenging abusive policing practices, over-imprisonment of Black persons, deeply ingrained stereotypes of African Americans as especially dangerous and devoid of humanity, along with other forms of racist state oppression–is carrying on the fight for Black liberation through renewed activist uprisings. Combining historical accounts with insightful analysis, she demonstrates the interconnection between institutional racism and class oppression, reminding us how inequality and racialized state violence are byproducts of capitalism.

Guest – Keeanga-Yamahtta Taylor is assistant professor in the department of African American Studies at Princeton University. She writes on Black politics, social movements and racial inequality in the United States.
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Black Movement-Law Project

Several attorneys and legal activists involved in Ferguson, Baltimore and Cleveland protests have formed the Black Movement-Law Project. The Project provides legal support to local communities across the nation as they take to the streets to protest police misconduct, and systemic racism.

Their approach to community activism is itself community based: they offer legal and technical assistance based on the premise that local mass movements frequently lack legal expertise. They help arrange rapid responses to support activists on the ground by providing legal observers, know your rights trainings, and jail support. Their national network of human and civil rights attorneys offer assistance to local communities in the form of legal representation and long-term impact litigation.

Guests -Black Movement-Law Project co-founder Abi Hassen. Abi Hassen is an attorney, consultant and cofounder of the Black Movement-Law Project. He was formerly the mass defense coordinator at the National Lawyers Guild. He has a J.D. from New York University School of Law, and an undergraduate degree in computer science from The Evergreen State College. With his extensive background in labor, political and community organizing, Abi has been active at the intersection of law, technology and organizing for social justice for over a decade.

Guest – Black Movement-Law Project co-founder Nathan (Nash) Sheard, is a legal activist and organizer with the BMLP.

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Law and Disorder March 28, 2016


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Seeds Of Fascism In The United States

There has been much discussion in liberal and left circles about whether Donald Trump is a fascist and whether the country is in danger of becoming fascist. It is pointed out the Trump is a demagogue, lies, is for violence, is a racist against Muslims and Mexicans, and is misogynist with respect to women. He is for bringing back torture and and increasing American aggression in Syria.

Guest – Professor Paul LeBlanc, a professor of history at the La Roche College in Pittsburgh and has written and participated in the US labor, radical, and civil rights movement. Professor LeBlanc is the author of books on the European revolutionaries Lenin, Trotsky, and Rosa Luxembourg. With respect to America, he wrote “a short history of the US working class.” And co-authored with economist Michael Yates the highly acclaimed “freedom budget for all Americans: recapturing the promise of the civil rights movement in the struggle for economic justice today.”

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United States, Cuba Relations 2016

The Cuban revolution of 1959 was not just a political revolution. It was a social revolution. The 99% took over the resources of their own country and the 1% fled to Miami.  In response United States began a blockade of Cuba in 1960. A memo written by a senior State Department official laid out American policy. It advocated “a line of action that makes the greatest inroads into denying money and supplies to Cuba, to decrease monetary and real wages, to bring about hunger, desperation and the overthrow of the Castro government. ”

Last year United States reestablished diplomatic relations with Cuba and last week Obama said in Havana that “I affirm that Cuba’s destiny will not be decided by the United States or any other nation.  We talk about the US relations with Cuba and President Obama’s recent visit with Walter Lippman.

Guest – Walter Lippmann, editor of the Cuba News Yahoo News Group.

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8th Annual Brookyn Folk Festival

Co-hosts Michael Smith and Heidi Boghosian are joined by Eli Smith to talk about the upcoming Brooklyn Folk Festival. Eli is a banjo player, writer, researcher and promoter of folk music. He’s a Smithsonian Folkways recording artist and produces two folk festivals annually, the Brooklyn Folk Festival in the Spring and Washington Square Park Folk Festival in the Fall.

 

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Law and Disorder January 18, 2016


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NYC Teacher Fired For Lessons About The Central Park Five

An English teacher at a New York City high school claims that she was fired because of a lesson on the so-called Central Park Five which school administrators warned her would “rile up” black students. Jeena Lee-Walker recently filed a lawsuit in federal court against the Dept. of Education and several administrators from the High School for Arts, Imagination and Inquiry after being fired for insubordination and poor evaluations. She claims they were the result of her pushing back on topics like the Central Park Five. Lee-Walker,  who graduated from Barnard and has post-graduate degrees from Harvard and Fordham, began working at the school in 2013 and says she was told to be more “balanced” in covering the Central Park Five case in November of that year.

The  lawsuit claims retaliation against her “violated her First Amendment right to discuss the Central Park Five case, and that the firing violated the city’s contract with the teacher’s union because she was not given a required 60 days notice.” As listeners may recall, the Central Park Five, who were wrongfully jailed for the 1989 rape of a Central Park jogger, received a $42 million settlement from NY City. In 2014, they sued the state seeking $52 million in damages for the emotional trauma of being incarcerated for years for a crime they were coerced into confessing to.

Guest – Attorney Ambrose Wotorson, a Brooklyn based attorney who is representing Jeena Lee-Walker in this case. He’s a trial lawyer focusing employment law and business litigation. Twitter account.

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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

Retired Florida U. S. Senator Bob Graham was the head of the US Senate intelligence committee and also  the chairman of the 9/11 commission of inquiry. He is the leading person trying to get President Obama to release to the public the suppressed 28 pages of the 911 report which have been hidden. Senator Graham contends that the 19 hijackers, 15 of whom who were Saudi Arabians,  could not have pulled off the operation alone and that in fact they were part of a support network involving the Saudi Arabian monarchy and government which helped plan, pay for and execute the complicated 911 plot which, says Senator Graham, would have otherwise been impossible to accomplish. 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 to the workings of the US in Saudi relations and their implications on US foreign-policy making as it pertains to the middle east and bags tension, contemporary geopolitics.

Guest – Senator Bob Graham, is the former two–term governor of Florida and served for 18 years  in the United States Senate. This is combined with 12 years in the Florida  legislature for a total of 38 years of public service. As Governor and Senator,  Bob Graham was a centrist, committed to bringing his colleagues together behind  programs that served the broadest public interest. He was recognized by the  people of Florida when he received an 83% approval ranking as he concluded  eight years as Governor. Bob Graham retired from public service in January  2005, following his Presidential campaign in 2004.

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Saudi Arabia, Wahhabism and Middle East Geopolitics

We take a deeper look at Saudi Arabia and its relationship first United States and then to the other countries in the Middle East region.

Guest – Professor Rashid Khalidi, a Palestinian American who grew up in New York City. He teaches at Columbia University where he is the Edward Said Professor of Arab studies and the head of the Middle East Institute.  He is the author of a number of books, most recently “The Iron Cage: The Story of the Palestinian Struggle For Statehood. He has written more than 80 scholarly articles on Middle Eastern history and politics as well as op-ed pieces in the New York Times, the Boston Globe, the Los Angeles times, the Chicago Tribune, and The Nation magazine.

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Law and Disorder August 10, 2015


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Lawyers You’ll Like : Attorney Linda Backiel

As part of our Lawyers You’ll Like series today we speak with attorney Linda Backiel. She’s a lawyer and poet living in San Juan, Puerto Rico. She’s played an instrumental role in defending independentistas in the fight against colonialism in Puerto Rico. As part of that struggle she defended those who were ultimately successful in kicking the military out of Vieques. A small island near Puerto Rico. For 40 years of law practice, she devoted much of her energy to the defense of political prisoners often with her friend and mentor, Lenny Weinglass. A Poem For Lenny Weinglass.

Guest – Attorney Linda Backiel, a criminal defense attorney and poet living and practicing law in San Juan, Puerto Rico. Here is Linda Backiel’s transcript  from the talk she gave at the celebration of the 50th anniversary of the Criminal Justice Act.

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Rubin “Hurricane” Carter 1937-2014

In April of this year, celebrated boxer and prisoner-rights activist Rubin “Hurricane” Carter died at the age of 76. He had become an international symbol of racial injustice after his wrongful murder conviction forced him to spend 19 years in prison. Carter was arrested for a triple murder in his hometown of Patterson, New Jersey. He said he was innocent, was convicted by an all white jury, and sentenced to three consecutive life sentences. In 1976, the New Jersey State Supreme Court overturned his conviction on grounds the authorities withheld material evidence from the defense. But Carter was convicted again in a second trial in 1976. In 1985, that conviction was overturned by a U.S. district court judge, who concluded the state made an unconstitutional appeal to racial prejudice. In 1988, the Passaic, New Jersey, Prosecutor’s Office dropped all charges against Carter.

Attorney Myron Beldock:

  • He was a defendant in a criminal case in New Jersey involved the triple shooting and three murders of 3 people in the Lafayette bar in Patterson, New Jersey.
  • He and his co-defendant John Artis were represented at the first trial and they lost, (convicted) and Rubin started his campaign to get out of jail and wrote his book the 16th Round.
  • He was charismatic and powerful, a great thinker, very very intellectually strong person as well as being spiritually strong.
  • Almost a typical case, high profile case, where you get people who are vulnerable and easily manipulated because of their need for their own benefits to falsely testify.
  • We set aside the convictions when we learned about the benefits that were given to the witnesses.
  • We went again to trial in 1975. At that time the atmosphere had changed. There was a new prosecutor, they came up with a theory that it was actually a racial revenge killing.
  • Earlier that night, a white former bar owner had shot and killed the black purchaser of the bar from him.
  • That was always known and there was no motives attributed to the killings in the first trial but the second trial really based on speculation and bias, they argued persuasively to the jury that this was a racial revenge killing.
  • Mr. Bellow who was the supposed eye witness who testified, there were two of them in the first trial, was being questioned by me on the stand as to why he recanted his recantation. The prosecutor persuaded him to again tell the story he told at the first trial, identifying Rubin and John and I was trying to establish that they had falsely manipulated him when I was pulled into the chambers along with my co-counsel Louis Steele who represented John Artis and told that if I question him further, the jury would learn that he passed the lie detector test, supporting what he said at the first trial. Supporting his identification (of Rubin Carter)
  • We did have that test. It seemed like that was the result because that’s the way it was written. In fact that was a fraud.
  • The polygraph results were completely opposite of what they were purported to be.
  • The prosecutors in that case, two of them became judges, rewarded for what they did.
  • Rubin was not a popular person, he had been an outspoken civil rights person.  It was a cesspool of rumors without any evidentiary basis.
  • The entire community there almost in Passaic New Jersey treated us like we were the devil.
  • It was the coldest community reception I ever encountered in any place.
  • Rubin would call every year (from Canada) on the anniversary of his release.  He got a group of Canadian do-gooders and free thinkers to join him in fighting to set aside convictions for people who were wrongly convicted in Canada.
  • He would vet the briefs that we sent. He was a very unusual client.
  • Rubin refused to act as a prisoner because he wasn’t anyone who was guilty he said.
  • So, he didn’t eat prison food, he didn’t take prisoner assignments, he didn’t wear prison clothes and somehow or other he was able to pull that off.
  • People think of it as being another time, I’ve been practicing law long enough and I don’t think anything changes.
  • The same kind of bias runs deep throughout the community its just masked somewhat differently.
  • You make your luck in these cases, you have to forge ahead.
  • His insistence on being an innocent person and will not compromise with the system is the kind of inspiration that pushes us on as lawyers.

Guest – Attorney Myron Beldock, graduated from Erasmus Hall High School in 1946, Hamilton College in 1950 and Harvard Law School in 1958. He served in the U.S. Army from 1951 to 1954 and as an Assistant U.S. Attorney in the Eastern District of New York from 1958 to 1960. After several years as an associate with a small New York City firm and as a single practitioner, he brought together two friends and former Assistant U.S. Attorneys, Elliot Hoffman and Larry Levine, to form Beldock Levine & Hoffman in 1964. He is best described, by his own definition, as an old-time general practitioner. He concentrates on trial and appellate litigation, in state and federal courts, in defense of criminal charges and in pursuing plaintiffs’ civil rights actions based on police and prosecutorial misconduct and employer and governmental discrimination. He regularly consults and defends charges of professional discipline. He represents plaintiffs and defendants in a wide variety of personal and business related matters, working with others in the firm’s various practice areas.

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Law and Disorder April 6, 2015


 

Updates:

  • Attorney Heidi Boghosian Tells Of How She And Johanna Fernandez Found Out Mumia Abu-Jamal Was Rushed To Local Health Facility
  • Campaign To Bring Mumia Home
  • Attorney Michael Ratner: Hobby Lobby State Religious Freedom Acts
  • Attorney Michael Ratner: Palestine Joins The ICC
  • Attorney Michael Ratner: Obama Issues Executive Order On Hackers

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Why The Rise Of Fascism Is Again The Issue

Fascism has taken on many forms through the rise and fall of empires. One aspect of modern day fascism can seen as propaganda, lies and deceit used as political leverage to eventually absorb sovereign states. Our guest John Pilger lays out the swath carved by fascism in the last 70 years in his recent article Why The Rise Of Fascism Is Again The Issue. Using the word carefully, Pilger describes a new kind of fascism, centered in America but based on the big lie of war and aggression. Pilger documents key events from the Holocaust to Libya to Serbia, to Yugoslavia, to Afghanistan in the 1970s, to Vietnam and up to the current revival of fascism in the heart of Europe. We get a historic perspective from John Pilger, going all the way back to the second world war. If you think the wars in Iraq, Afghanistan, Yugoslavia, Libya and now the Ukraine occur by happenstance, you are mistaken says Pilger, an Australian-British journalist based in London. These are part of the American effort to become the global power.

Guest – John Pilger, an Australian-British journalist based in London. John has worked in many facets of journalism, including a correspondent in the Vietnam War, the Middle East Desk for Reuters in London, a documentary film maker, and a producer for the Independent Television Network in London. Pilger is known for his conscience, bravery and acute historical insight.   His articles appear worldwide in newspapers such as the Guardian, the Independent, the New York Times, the Los Angeles Times.

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