Law and Disorder August 26, 2019

Victory In New York City Wikileaks Case

Truth telling journalist and publisher Julian Assange and his organization Wiki-leaks won a significant First Amendment victory in federal court in New York City on July 29.

As reported by Oscar Grendel in the World Socialists Website, “The decision by Judge John Koeltl of the US District Court for the Southern District of New York rejected that Assange colluded with Russia. It upheld his status as a journalist and publisher and dismissed claims that WikiLeaks 2016 publication of the leaked emails from the Democratic National Committee was illegal.

We speak today with WikiLeaks lawyer Josh Dratel, who represented WikiLeaks, about this victory for civil liberties and freedom of the press and the right of people to know.

Assange is in terrible and declining health in Belmarsh prison in London waiting extradition to the United States to be tried on 17 counts of espionage for publishing in 2010 troves of information leaked to him by Chelsea Manning demonstrating United States committed war crimes in Iraq and Afghanistan.

The July 29 victory came about when the Democratic National Committee of the Democratic Party attempted to sue Assange and WikiLeaks for publishing DNC Emails on the 2016 Hillary Clinton campaign. They showed that the DNC rigged the primary election against Sanders. Clinton was exposed for taking a $675,000 speakers fee, which some described as a bribe, from the investment banking house of Goldman Sachs to whom she pledged loyalty.

The case the DNC brought against The Russian federation, WikiLeaks and Assange, among others, in 2016 was thrown out of court, with prejudice, by federal judge John Koeltl, a Clinton appointee. Attorney Joshua Dratel defended WikiLeaks.

Please write Julian Assange at this address:

Mr Julian Assange
DOB: 3/07/1971
HMP Belmarsh
Western Way
London SE28 0EB, UK

(Follow These Details In Preparing Letter)

Guest – Attorney Josh Dratel heads a renowned New York City law firm and has a national reputation as a trial and appellate lawyer. He graduated Harvard law school in 1981. Dratel is the past president of the New York State Association of Criminal Defense Lawyers. His many honors include the Frederick Douglass award and the Clarence Darrow award from the ACLU of Idaho. He is the co-editor of the book The Torture Papers: the Legal Road to Abu Graib.

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The Case Of Espionage And Billionaire Pedophile Jeffrey Epstein

When he was alive, the major news media characteristically covered the story of Jeffrey Epstein’s huge pedophile sex ring for a brief news cycle. He was in a federal jail in Manhattan awaiting trial and was dropped out of public view. The salacious aspects of his story were covered briefly. Then he died under mysterious circumstances. The story was briefly revived but diverted to conditions in the jail. But there is much more to it.

In 2007 Florida federal prosecutor Alex Acosta went along with a plea deal which allowed Epstein to plead guilty to a Florida state charge involving prostitution with children and was given an extraordinary light sentence. Acosta dropped federal charges were dropped.

When questioned about this Acosta told a Senate committee inquiring about his credentials to become the secretary of labor in the Trump administration that he, Acosta , was told to back off because Epstein was part of the “intelligence community.“

Was he part of an espionage and blackmail operation? For whom did he work?

Guest – Phillip Giraldi, former CIA agent and counterterrorism specialist and military intelligence officer with the CIA. He is currently executive director of the Council for the National Interest. Geraldi has a masters degree and a PhD.

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Law and Disorder June 10, 2017

Daniel Ellsberg: Julian Assange’s Case And The Doomsday Machine

Two weeks ago the Trump administration announced it had indicted Julian Assange in the Eastern District of Virginia on 17 counts of violating the 1917 Espionage Act. Assange is currently in the Belmarsh prison hospital in London. If extradited, tried, and convicted he faces 175 years in prison.

The Espionage Act is a 102 year old law used initially to imprison the great socialist Eugene V Debs for an anti-World War I speech he gave in Canton, Ohio and also used to crush the industrial workers of the world, the IWW, a large antiwar union at the time.

In 1971 it was famously used against Daniel Ellsberg who released the Pentagon papers to the New York Times and other media outlets. Lately the Espionage Act has been used against many truth telling whistleblowers during the Obama and Trump administrations.

This is the first time it is being used against a journalist.

Wikileaks Defense Funds:

Guest – Daniel Ellsberg, educated at Harvard and Cambridge and has been an activist since the 1970s. Ellsberg’s latest book, The Doomsday Machine, is an extensive study of nuclear theory and nuclear policy. In 2018 he was awarded the Olaf Palme prize for his “profound humanism and exceptional moral courage.

From 1957-59 he was a Junior Fellow in the Society of Fellows, Harvard University. He earned his Ph.D. in Economics at Harvard in 1962 with his thesis, Risk, Ambiguity and Decision. His research leading up to this dissertation—in particular his work on what has become known as the “Ellsberg Paradox,” first published in an article entitled Risk, Ambiguity and the Savage Axioms—is widely considered a landmark in decision theory and behavioral economics.

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Law and Disorder April 15, 2019

Attorney James Goodale On Julian Assange Arrest

Last week, at the behest of the U.S. government, police entered the Ecuadorian Embassy and arrested Julian Assange on charges of espionage. This case promises to threaten the First Amendment rights of all journalists. We’re honored to have one of the nation’s foremost authorities on First Amendment law, Attorney James Goodale. In the April edition of the Atlantic, he wrote an article titled, Why Julian Assange deserves First Amendment Protection.

Listeners may recall that last fall, a court filing inadvertently suggested that the Justice Department had indicted WikiLeaks founder Julian Assange. The Wall Street Journal, the New York Times, and other outlets reported soon after that Assange had likely been secretly indicted for conspiring with his sources to publish classified government material and hacked documents belonging to the Democratic National Committee, among other things.

Assange started WikiLeaks in 2006 to provide a place for newsworthy information to be confidentially released. The site came gained prominence when Assange obtained thousands of classified documents relating to the Iraq War from US Army soldier Chelsea (born Bradley) Manning.

Guest – Attorney James C. Goodale has represented The New York Times in four of its cases to go to the Supreme Court: the Pentagon Papers case (The New York Times Co. v. The U.S.), The New York Times Co. v. Sullivan (libel), Branzburg v. Hayes (see below) and The New York Times Co. v. Tasini, (digital rights). He developed the argument that the Espionage Act does not apply to publishers or the press.

In a 6-3 decision, the Supreme Court ruled the U.S. Government could not stop the Times from publishing the Pentagon Papers, holding that prior restraints were barred by the First Amendment unless the publication “will surely result in direct, immediate, and irreparable damage to our Nation or its people.” He became known as the “father of the reporter’s privilege.” A prolific writer, he has written two books on the First Amendment, The New York Times v. The U.S. and All About Cable, and approximately 200 articles, particularly on the role of the press in the Information Revolution.

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Al Otro Lado and the Border Crisis

United States President Donald Trump said that we have a “crisis” on the border. He called it an “infestation” and said that “These aren’t people. These are animals.” Last week he fired Kirstjen Nielsen who as the head of the Department for Homeland Security pursued the most aggressive enforcement strategy of any secretary in the history of the organization. Nielsen and the Trump administration has separated children from their parents and instituted an illegal turn back policy using tactics to restrict the numbers of asylum-seekers who want to access the asylum process at points of entry like Tijuana and El Paso.

Tactics used by the administration include lies, intimidating coercion, verbal abuse, physical force, out right denial of access, unreasonable delay, threats, and family separation. The Center for Constitution Rights is currently representing Al Otro Lado, a legal and human rights organization that helps migrants at the border. They are challenging the U S. Customs and Border Patrol on its turnaround policy in a pending lawsuit.

Last month CCR’s chairwoman of the board and Columbia Law Professor Katherine Franke met six students in Tijuana Mexico, across the border from San Diego, California, to advise migrants on what they will face in the hands of US legal authorities.

  • Al Otro Lado provides essential legal support to migrants to prepare them for the asylum process in the U.S. You can support here.
  • Santa Fe Dreamers also provides free legal support to immigrants, with a particular focus on transgender immigrants.
  • Please visit this site if you are interested in contributing to the parole/bail fund for detainees.
  • If you are interested in serving as a sponsor for an asylum seeker.
  • This video offers a very good portrait of the situation at Chaparral where La Lista is maintained and asylum seekers wait for their number to be called.

Guest – Attorney Katherine Franke, is the Sulzbacher Professor of Law, Gender, and Sexuality Studies at Columbia University, where she also directs the Center for Gender and Sexuality Law and is the faculty director of the Law, Rights, and Religion Project (Formerly the Public Rights/Private Conscience Project). She is a member of the Executive Committee for the Institute for Research on Women, Gender and Sexuality, and the Center for Palestine Studies. She is among the nation’s leading scholars writing on law, religion and rights, drawing from feminist, queer, and critical race theory.

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Law and Disorder December 10, 2018

 

How the Rats Re-Formed Congress

A fable is a short tale that anthropomorphizes animals. The animals personify human virtues and vices, and function as an instrument of moral instruction. We mention this because Ralph Nader joins us to discuss his new book How the Rats Re-Formed Congress. It’s a Fable about an invasion of rats in Congress that triggers a peoples’ political revolt. It begins when a Congressional reporter breaks a bizarre story: “Rats have invaded the toilet bowls” of the Speaker of the House and the Minority Leader. A national news frenzy ensues.

Activists seize on the breaking story to organize for a populist agenda. Spontaneous rallies erupt. The activists see the rats upending “business as usual” routines on Capitol Hill as a symbol against lobbyists and corporate Congress. Millions flood into the nation’s capitol to take back Congress from Wall Street. Congressional offices are deluged with citizen rallies and meetings. Members are challenged in primaries. Incumbents join the movement.

Wall Street and its lobbyists warn of economic collapse and mass layoffs if the people’s agenda passes Congress. Corporate front groups are formed to disrupt peaceful crowds. Despite that, corporate lobbyists and think tanks can’t overcome the organized will of the determined citizenry. Tortmuseum.org

Listen to our past interview with Ralph Nader about the Tort Museum.

Guest – Ralph Naderone 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.

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Law and Disorder October 15, 2018

 

The Power of Public Outrage: Laquan McDonald’s Place in History

Jason van Dyke, the Chicago police officer who four years ago shot 17-year-old Laquan McDonald 16 times in the back, was found guilty on October 5th of second-degree murder and 16 counts of aggravated battery by Chicago jury.

This was the first time in 50 years that a Chicago police officer has been found guilty of murdering somebody while he was on duty.

The McDonald murder was massively covered up beginning with the cops who were on the job with van Dyke, the commanding officers of the Chicago police department, up to the office of the Mayor Rahm Emanuel.

Key to the conviction was video footage taken by a police car dash camera. This video was suppressed by the police, and the mayor for three years and only revealed after a massive campaign by a number of Chicago grassroots organizations. Nationally, there have been no convictions in the murders of Eric Gardner, Michael Brown, or Trayvon Martin.

Chicago is one of the most segregated cities in the USA. Recently 50 Chicago schools have been closed as well as many mental health clinics. Even the parking meters have been sold in a wave of divestment from the inner-city.

Guest – Attorney G.Flint Taylor, a graduate of Brown University and Northwestern Law School, is a  founding partner of the People’s Law Office in Chicago, an office which has been dedicated to litigating civil rights, police violence, government misconduct, and death penalty cases for more than 40 years.

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Neo-Colonial Regime Kill Peaceful Ambazonian Protesters in Africa

Ambazonia is an English-speaking territory located between Cameroon and Nigeria in West Africa. Also known as the Southern Cameroons, for most of its recent history it has been under military occupation by the French neo-colonial regime in Cameroon. A majority of Ambazonians reject the legitimacy of this regime and its military control.

In violation of an agreement to create an equal confederacy between the two autonomous states, French Cameroon has been dismantling and defunding Ambazonian systems, and pillaging its resources since the country was created in 1961.

Since December 2016, French Cameroon military has responded to peaceful protests with force, killing over 400 civilians. 200 more have been disappeared and are feared dead. More than 90 villages burnt down, resulting in 60,000 people fleeing to neighboring Nigeria.

More than 2,500 activist and peaceful protesters imprisoned, some tried in military courts, a violation of international law, and some sentenced for terrorism and other unjustifiable charges. Prisoners include prominent nonviolence advocate Julius AyukTabe and 11 of his senior aides, arrested in January 2018, and unlawfully repatriated. Julius’s appeal hearing just happened last Thursday.

On January 26, 2018—with no extradition treaty between Cameroon and Nigeria, and without a presiding judge—Nigeria forcibly handed 10 of the prisoners and 37 other refugees to Cameroon. That was in violation of international law forbidding a country receiving asylum seekers from returning them to a country where they likely face persecution. This action drew condemnation from Amnesty International, the UNHCR, the U.S. Department of State, and other leading human rights advocates. The Ambazonia Prisoners of Conscience Support Network, or APOCS, was recently formed to address this crisis.

Guest – Sphynx Eben, a founding member of APOCS and also a longtime media organizer with the Indymedia Africa Working Group. https://www.facebook.com/apocsnetwork/

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Law and Disorder March 27, 2017

Updates:

  • Michael Smith : Supreme Court Justice Nominee Neil Gorsuch
  • NY Governor Cuomo Proposes Visitation Reduction For Inmates At Max Security Prisons
  • Call Governor Cuomo 518-474-8390 / Contact Information Link

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The Politics Behind ‘Russia-gate’

We are in the midst of what has been referred to as “Russia-gate”. The Democrats with their neoconservative allies and most of the major media are alleging, with no proof, that President Trump has been in collusion with Russia and specifically that Russia helped tilt the election in his favor.  Mainstream journalist and New York Times columnist Thomas Friedman has for example compared the alleged Russian hacking of the Democratic Party emails to be another Pearl Harbor or 911.  This hysteria is extraordinarily dangerous inasmuch as Trump may be put into a position in confronting Russia, the other major nuclear power in the world.

Guest – Robert Parry is a Washington DC investigative journalist and co-founder of Consortium News.  He has covered Washington for nearly 4 decades. One of the many important stories he broke was on the Iran-Contra scandal. His latest book is America’s Stolen Narrative: From Washington and Madison to Nixon, Reagan and the Bushes to Obama.

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Electronic Devices Seized And Data Requested From Inauguration Arrestees

At the Trump inauguration protests earlier this year over 200 people were mass-arrested and charged under the Felony Riot Act, punishable by up to 10 years in prison and a $25,000 fine. Those picked up in the sweep — including journalists, medics and legal observers — had their phones, cameras and other personal belongings confiscated as evidence. Law enforcement is compelling Apple, Facebook and Google to hand over the personal information of many of those arrested. The tech giants appear to be complying, or are willing to comply with these data-mining requests. Several of the persons arrested have been contacted by Facebook and Apple and notified that their personal information has been requested by the United States Attorney’s Office. An Apple customer notice to one noted that: “Apple will be producing the requested data in a timely manner as required by the legal process.” An NLG attorney representing several of the protesters, Mark Goldstone, has said that one of his clients will fight vigorously to prevent the data from being handed over as the phone was not even present at the demonstration.

Cellebrite-Mobile Forensics

Guest –  Stephanie Lacambra, a criminal defense staff attorney for the Electronic Frontier Foundation. Stephanie is a long-time indigent criminal defense trial attorney and immigration defense activist who graduated from UC Berkeley’s Boalt Hall School of Law in 2004. Before coming to EFF, she worked as a Deputy Federal Defender for two years at the Federal Defender’s Office of San Diego trying federal felony cases ranging from illegal entry into the US to drug and alien smuggling.  Then she spent the next decade working at the San Francisco Public Defender’s office trying dozens of cases ranging from robbery to attempted murder. She continues to speak truth to power by protecting individual privacy rights from government overreach as part of the Civil Liberties Team at the EFF.

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