Law and Disorder October 29, 2018

 

What Happened To Journalist Jamal Khashoggi?

This much has become clear: 33-year-old Saudi Arabian crown prince Mohammed bin Salman knew of or directed the gruesome torture, murder, and dismemberment of Saudi journalist and Washington Post columnist Jamal Khashoggi at the Saudi consulate in Istanbul on October 2, 2018.

The US has had an alliance with the Saudi theocratic monarchy since it was forged by President Roosevelt in 1945 at the end of World War II.

The United States needs Saudi Arabia to help rule the Middle East. It needs their cooperation in keeping oil prices low, their petro-dollars, their arms purchases, and it needs Saudi Arabian support for both its planned war against Iran and it’s support for a joint Israeli/American planned effort to permanently repress the Palestinian people, an effort which Trump has put his son-in-law Jared Kushner in charge of. But with the murder of Khashoggi the US/ Saudi alliance is beginning to fray.

Guest – Attorney Abdeen Jabara, the former president of the Arab American Anti-discrimination Committee, a leader of Palestine solidarity work in the National Lawyers Guild. He’s also a former board member at the Center for Constitutional

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Necessity Defense: Climate Defense Project

Earlier this month a judge dismissed the case against three environmental activists who were charged with damaging a northern Minnesota pipeline in 2016. The defendants call themselves as “valve turners.” They shut off the valves of two Enbridge Energy Company pipelines near Leonard in Clearwater County to protest the oil industry’s contribution to climate change. The action was part of a coordinated effort across several states.

Like the defendants, their 3-person legal team traveled thousands of miles to present their case in the small northwoods town. The team consisted of Kelsey Skaggs from the Climate Defense Project in San Francisco and Twin-Cities based attorney Timothy Phillips along with Oregon-based Lauren Regan.

State representative Pat Garofalo, said: “Today’s decision is irresponsible, and sends the message that protesters are free to engage in reckless, illegal, and dangerous behavior that puts Minnesotans’ safety at risk.” He said this dangerous action needs to be corrected in the next legislative session.” Judge Robert Tiffany dismissed the case at the defense attorneys’ request midway through the second day of trial after County Attorney Alan Rogalla rested his case.

Tiffany granted the dismissal based on arguments from the defense attorneys, one of which was that the prosecution failed to prove the defendants had damaged the actual pipeline rather than merely the chains and locks bound to the pipeline valve. Enbridge supervisor Bill Palmer testified that simply shutting off the valve would not have caused any damage to the pipeline.

Guest – Kelsey Skaggs, Executive Director of the Climate Defense Project.

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Law and Disorder September 24, 2018

 

Bolton Threatens ICC Over Probes Into US War Crimes

On September 10, 2018 in Washington DC, President Donald Trump‘s national security adviser John Bolton gave an important and widely publicized speech to the rightist Federalist Society threatening International Criminal Court judges and court personnel if they dared to probe into U.S. torture practices in Afghanistan and three European black sites. The United States is being investigated for torturing captives in Afghanistan, Poland, Estonia, and Lithuania. The charges have been documented by the U.S. Senate in its report of December 14, 2017.

The International Criminal Court is also investigating Israeli war crimes in Gaza where in 2014, 3000 people including more than 500 children were killed by Israeli invaders. This has been documented by the United Nations’ Goldstone Report.

Bolton said that “the United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court including tariffs and prosecution.“

He added that “if the court comes after us, Israel, or other allies we will not sit quietly.“

Bolton also announced that the US is shutting down a Palestinian diplomatic office in Washington because Palestinians have indicated that they will request that the ICC prosecute American ally Israel for war crimes and crimes against humanity.

In addition, the United States has cut off payments to the United Nations organization that has provided funds for refugees displaced by Israel when it conquered Palestine in the 1948 war. The funds were used for schools and hospitals in the West Bank and Gaza.

Guest – Attorney Reed Brody, with Human Rights Watch, is a former colleague Michael Ratner, Brody has spent much of his career prosecuting international war criminals for crimes that the International Criminal Court investigators are contemplating with respect to the United States and Israel.

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Protect The Protest Coalition Launches To Fight Against SLAPPs

Anti-corporate sentiment in the United States of America is getting increasingly wide and deep. This is especially true when it comes to corporate responsibility for environmental degradation.

The most spectacular example of this is the nationwide mobilization in support of the water protectors at Standing Rock a year ago. The Energy Partners Transfer Corporation was attempting to build a pipeline through land sacred to native peoples in North Dakota. The pipeline went under the Missouri River threatening the water supply.

One of the many organizations supporting the Water Protectors was Greenpeace . As a consequence, they were sued by Energy Transfer Partners and accused of racketeering under the RICO act, a law originally passed to be used against organized crime.

The suit was designed to tie up the resources of Greenpeace , harass them, and cost them money. The lawyers for the corporation are the same firm used by Donald Trump. These legal actions by big corporations are called SLAPP suits. This stands for Strategic Litigation Against Public Participation.

In recent times these lawsuits have been proliferating. Two weeks ago 18 organizations including the Center for Constitutional Rights banded together to fight back.

Guest – Attorney Deepa Panmanabha, the assistant general counsel with Greenpeace since 2011 and is based in Washington DC. Deepa is involved in defending Greenpeace against two lawsuits attempted to silence the organizations advocacy work brought by Resolute Forest Products and Energy Transfer Partners. She also advises on a variety of legal matters and managers criminal law cases where green peas after this engage in civil disobedience. Deepa represents Greenpeace USA in the Protect the Protest Task Force, a recently formed coalition created to confront corporations that file lawsuits design to silence dissent and provide resources to individuals and groups facing these suits.

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Law and Disorder July 23, 2018

Update:

  • Climate Activists Win in Minnesota Supreme Court, Setting Stage for Historic Climate Necessity Trial

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NARSOL: Sex Offender Laws

Tayler Boncal was a 22-year-old student teacher and track coach at Conrad High School in West Hartford. She was arrested this past February and charged with three counts of second-degree sexual assault for having a consensual relationship with an 18-year-old male student. The young man initiated the relationship and was not a member of the track team. If convicted of sexual assault Ms. Boncal will have to register as a sex offender. Doing so will most likely alter the course of her life.

NARSOL, a nationally recognized non-profit dedicated to restoring the civil and constitutional rights of registered sex offenders, believes that criminal charges in this instance are unwarranted. The group contends that any law that allows an adult to be criminally prosecuted for having a consensual relationship with another adult should be abolished.

Guest – Brenda Jones, has been involved in this cause since September of 2009. She has been executive director of state affiliate FAIR (Families Advocating Intelligent Registries) since its inception in 2010 and in 2012 became the first executive director of NARSOL.

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The Federalist Society: Shifting the U.S. Legal Landscape to the Right

With the recent nomination of conservative attorney Brett Kavanaugh to replace Justice Anthony Kennedy, the United States Supreme Court will have a majority of authoritarian anti-democratic jurists who support a powerful executive. At the same time, Donald Trump has wasted no time in appointing more conservatives to federal judgeships.

More and more we’re hearing that the once little-known Federalist Society is behind these appointments. But it’s now a new development. The Society was formed at Yale University in 1981, and has steadily and quietly been placing its lawyer members in positions of power in the government and judiciary.

In their 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, attorneys Michael Avery and Danielle McLaughlin track the movements of this small group of conservative law students and lawyers and their increasing influence. The Federalist Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Members include economic conservatives, social conservatives, Christian conservatives, and libertarians. One of the things that has made the Federalist Society so very effective is their big picture agenda. While they may have differences of opinion on a range of issues, they have successfully put those aside to advance a far-reaching, long-lasting, and broad conservative agenda. Their agenda is chipping away at social gains made since the 1930s. Medicare and Medicaid and Social Security are on the block. So is Roe v. Wage. Citizen United, holding that corporations are persons and money is free speech, and the union-breaking Janus decision are just the beginning. Other attacks on democracy include voter suppression, voter ID laws, and gerrymandering.

Guest – Attorney Michael Avery, the former president of the National Lawyers Guild, and is an expert in the areas of constitutional law and police misconduct.

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Law and Disorder October 30, 2017

 

 

Cuban US Embassy Sonic Weapons Scare

The Trump administration is considering closing the recently reopened US Embassy in Havana after several unexplained incidents that allegedly hurt American diplomats in Cuba. Some lawmakers are calling for the ouster of all Cuban diplomats from the US in addition to the 15 they’ve kicked out of the country. Its a move that would have significant diplomatic implications.

US Secretary of State Rex Tillerson made these suggestions recently. His comments were the strongest indication yet that the US might mount a major diplomatic response, potentially jeopardizing the historic restart of relations between the Cuba and US governments. The two reopened embassies in Washington and Havana in 2015 after roughly a half-century of estrangement.

Of the 21 medically confirmed US victims, some have permanent hearing loss or concussions while others have suffered nausea, headaches and ear-ringing. Some are having problems with concentration or common word recall.

Some victims felt vibrations or heard loud sounds mysteriously audible in only parts of rooms, leading investigators to consider the possibility of a sonic attack. Others heard nothing but later developed symptoms.

The US State Department has emphasized that the US still does not know what has occurred. Cuba has denied any involvement and has said that it wants to help the US resolve the matter.

Investigators have explored the possibility of an electromagnetic weapon, or an advanced spying operation gone awry. The US has not ruled out that a third country or even a rogue faction of Cuba’s national security services may be involved.

Guest – Sandra Levinson, President and Executive Director of the Center for Cuban Studies. She was one of the Center’s founders in 1972. In 1991 Levinson spearheaded a lawsuit against the U.S. Treasury Department which resulted in legalizing the importation of original Cuban art.  She is currently directing works at the Cuban Art Space, which she founded in 1999, to properly house and archive the thousands of posters, photographs and artworks which the Center has collected in the past 42 years.

Contact the Center for Cuban Studies at 212.242.0559.

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Trump in the White House: Tragedy and Farce

The great issues of our times are the return of fascism to the United States and Europe, climate change, and the stagnation of the world capitalist economy. These great issues are pressing and interconnected.

We used to think that the experience of World War II guaranteed that no politician would ever advocate the ideas of fascism.

But the election of Donald Trump a year ago has caused a serious reconsideration of fascism and it’s relationship to capitalism and to democracy.

The neoliberals paved the way for Trump. Now he and the forces aligned with him have put our democratic institutions under attack in order to protect the rule of the wealthy. The attacks include the right to vote, labor unions, public education, an independent news media, independent public universities, the privatization of much of traditional governmental functions and making it almost impossible to launch a new political party.

The election of Trump is a political development that for concrete sociological reasons allows us to see it for what it is, as a type of neo-fascism. Only by identifying the phenomena correctly can we effectively fight it.

Jack London wrote a century ago in his famous book The Iron Heel that “There is a shadow of something colossal and menacing that even now is beginning to fall across the land. Call it the shadow of an oligarchy, if you will; it is the nearest I dare approximate it. What is nature may be I refuse to imagine. But what I want to say was this: You are in a perilous position.”

Guest – John Bellamy Foster is editor of Monthly Review and professor of sociology at the University of Oregon. He has written widely on political economy and has established a reputation as a major environmental sociologist. He is the author of Marx’s Ecology: Materialism and Nature (2000), The Great Financial Crisis: Causes and Consequences (with Fred Magdoff, 2009), The Ecological Rift: Capitalism’s War on the Earth (with Brett Clark and Richard York, 2010), and The Theory of Monopoly Capitalism: An Elaboration of Marxian Political Economy (New Edition, 2014), among many others.

Law and Disorder October 2, 2017

Puerto Rico Disaster Recovery, The Jones Act And Federal Aid

The devastation to Puerto Rico from Hurricane Maria has been likened to the impact of an atomic bomb, destroying the U.S. territory, and leaving nearly 3.5 million U.S citizens without power, limited access to food and water, and a collapsed infrastructure. Donald Trump was quick to blame the island nation for its problems, even highlighting its financial debt to Wall Street.

Puerto Rico has a history of struggling for federal aid for natural disasters contrasted with those on the mainland. The White House response to much-needed funding post-Maria is to wait for a “full assessment” and “fact-finding” process. Early reinforcements from the Federal Emergency Management Agency (FEMA) are appalling, if nonexistent: Diesel fuel for generators is scarce. Towns outside metro areas are unreachable. Hospitals can’t treat patients. Streets are flooded, looting is rampant, highways destroyed. The National Guard, FEMA, Red Cross or federal vehicle have yet to be spotted on the island. None of this is new.

In 1989, when Hurricane Hugo hit South Carolina, Puerto Rico and the USVI, the elder President Bush was criticized for not responding quickly enough. More relief for the Caribbean was added to a bill initially designed to address earthquake damage in California. And when Hurricane Georges pounded Puerto Rico in 1998, it took half a year for the federal government to act on a long-term plan for the island.

A central reason for this is the Jones Act, a century-old shipping law often accused of stifling the Puerto Rican economy. Among other things, the Act requires that domestic shipping be conducted by U.S.-owned, U.S.-made ships staffed by American crews. That means, for example, that all food from the mainland—and Puerto Rico imports 85 percent of what it consumes—must be brought in U.S. ships.

Nydia Velázquez, the Puerto Rico–born congresswoman who represents parts of New York City, says she will ask Congress for a one-year waiver to Jones Act requirements for the territory. That might test Washington’s willingness to change its approach to Puerto Rico and to see if Puerto Ricans’ status as citizens without full rights is really working.

Guest – Carlito Rivera, co-editor of the Old and New website, active with the Campaign to Bring Mumia Home, and a Former member of the Young Lords. CONTACT: El Maestro – Community Center and Boxing Gym in the Bronx, Puerto Rican Nationalist Party Headquarters 646-299-6507.

Since the recording of this interview, President Trump agreed to waive the Jones Act, which will temporarily lift shipping restrictions and allow the people of Puerto Rico to receive necessary aid.

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Burns and Novick: Masters of False Balancing

Ken Burns and Lisa Novick have made an influential documentary called “The Vietnam War” whose 10 episodes have been running on PBS.  Burns said that his film “will inspire our country to begin to talk and think about the Vietnam war in an entirely different way.” Novak said that “we are all searching for some meaning in this terrible tragedy.”

The United States took over the war in 1954 from the defeated French who failed despite massive American support to recolonize Vietnam after World War II. The United States left Vietnam 1975 when they were forced to withdraw troops in the teeth of massive Vietnamese resistance, a huge antiwar movement at home, and the refusal of GIs in Vietnam to continue to fight.

At least 3 million Vietnamese were murdered. 58,200 American soldiers were killed. 19 million gallons of toxic defoliants, 7.5 million tons of bombs, including 400,000 tons of napalm were dropped on the Vietnamese. Without a Navy or Air Force, the Vietnamese resistance lived in tunnels or hid in the jungle.

The CIA’s infamous operative in Vietnam, Colonel Edward Lansdale, who helped install the US supported dictator Diem, quoted Robert Tabors The War of the Flea saying “there is only one means of defeating an insurgent people who will not surrender, and that is extermination. There is only one way to control a territory that harbors resistance, and that is to turn it into a desert.”

The Burns-Novik film’s opening sentence says that the war was started “in good faith by decent people out of fateful misunderstandings, American overconfidence and cold war misunderstandings.” Noam Chomsky, who came to prominence in 1967 as a critic of the war, and who was not interviewed in the film, wrote that the US “went to war in Vietnam for a very good reason. They were afraid Vietnam would be a successful model of independent development and that it would have a virus effect – if that others who may try to follow the same course.”

Guest – Jerry Lembcke, Professor Emeritus of Sociology at Holy Cross College.
Professor Lempke is recognized for work on post-Vietnam War American culture, studies of how we continue to process the war through film, literature, folklore, and of course television documentaries. He is the author and editor of many books, most notably his 1998 book “The Spitting Image: Myth, Memory and the Legacy of Vietnam”. He served as a chaplain’s assistant in Vietnam and is a member of Vietnam Veterans Against the War.

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Law and Disorder September 18, 2017

 

Anthropomorphic Climate Disruption

Devastation caused by hurricanes Harvey and Irma have provided ample opportunity for Democrats to press Republicans on climate change — with the catastrophic storms and wild fire giving tens of millions of Americans an up-front glimpse of the types of devastation we are facing.

Oddly, there’s been little talk in the nation’s capital. Aside from a handful of outliers like Hawaiian Sen. Brian Schatz, leading Democratic politicians have been slow to use the tropical storms to denounce President Donald Trump, who has dismissed climate change as a “hoax.”

That’s a contrast from past storms like 2012’s Hurricane Sandy, when Democratic New York Gov. Andrew Cuomo called the disaster a sign that “climate change is a reality.” Even then-New York City Mayor Michael Bloomberg, an independent, cited the storm and climate change at the time among his reasons for endorsing Barack Obama’s reelection as president.

Democrats appear to be heeding the warnings of Trump appointees like EPA Administrator Scott Pruitt, who said last week that it’s “very, very insensitive to the people in Florida” to talk about climate change now.

Guest – Eleanor Stein, teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental and Atmospheric Sciences Department at SUNY. Eleanor Stein is teaching transnational environmental law with a focus on catastrophic climate change. For ten years she served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.

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John Brennan Named Distinguished Fellow for Global Security At Fordham Univerity’s Law School

Labor Day brought an unwelcome surprise to students and alumni of what the Jesuits proudly call The Jesuit University in the City of New York. Fordham University’s Law School announced that it had named former CIA Director John Brennan Distinguished Fellow for Global Security.

Brennan was a senior official in the CIA during the Bush -Cheney administration. The official record shows he was knee-deep into their programs of secret offshore prisons, torture, and kidnapping.

In fact, in late November 2008, when President-elect Obama was about to appoint Brennan director of the CIA, a category-five hurricane of protest made that politically impossible. For example, the American Psychological Association publicly appealed to Obama not to appoint Brennan because of his role in torture.

So, instead, Brennan played the role of national security adviser – a role in which Obama and he worked together, meeting every Tuesday to draw up lists of who would be killed the following week by missiles from drones.

By 2008, Congress had become so inured to such things that Brennan sailed through confirmation and became CIA director for Obama’s second term.

That Fordham has succumbed to what Jesuits like Dan Berrigan call the “celebrity virus” is abundantly clear in Brennan’s appointment. Fordham is proud to claim him as a college alumnus. And without a hint of shame, its law school is also proud to give him a prestigious appointment.

Guest – Ray McGovern, an alumnus of Fordham and was a high-ranking CIA analyst for 27 years. His expertise was Russia and he had one on one briefings daily with President George Bush. He broke with the government under George W. Bush over the cooked intelligence used to rationalize America’s illegal war of aggression against Iraq and helped form the organization Veteran Intelligence Professionals for Sanity.  His group issued a memorandum to President Obama which demonstrated that the Russians did not hack into the computers of the Democratic Party or Hillary Clinton and did not therefore influence the American election.  http://raymcgovern.com/