Law and Disorder June 9, 2008 [57:06m]: Play Now | Play in Popup | Download

Updates:

• U.S. Politicians and Scholars Are Helping Turkey Cover up WWI Armenian Genocide
• Cluster bomb ban treaty approved: US, China and Russia Oppose
• CCR Report: U.S. Government Allows Security Forces from Brutal Human Rights Abusing Regimes to Threaten Prisoners at Guantánamo

The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction

It was April 13, 1873 in Louisiana when a small army of white ex-Confederate soldiers enraged by freedmen asserting their new rights killed more than 60 African Americans who had occupied a courthouse. Today we talk with author and journalist Charles Lane. His recent book is titled The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction. In the book, Lane uncovers a nearly forgotten historic post civil war massacre of African American men in Colfax, Louisiana and a white lawyer’s epic battle to bring the perpetrators to justice. Reviews call Lane’s book an electrifying piece of historical detective work that captures a gallery of characters from presidents to townspeople and re-creates the bloody days of Reconstruction. Lane discovered the Colfax Massacre case while covering the Supreme Court for The Washington Post.

Guest - Charles Lane, member of the editorial page staff, is the author of “The Day Freedom Died: The Colfax Massacre, the Supreme Court and the Betrayal of Reconstruction.”

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Ann Ginger : Meiklejohn Civil Liberties

Today we’re delighted to have Ann Ginger on the program, she’s a lawyer, teacher, writer, and political activist. She is the founder and the executive director of the Meiklejohn Civil Liberties, a think tank for human rights in Berkeley California. Here on Law and Disorder we’ve examine the practices and laws that have crippled civil and human rights in this country and now we take a look at ways law students and legal workers can bring them back.

Ann Ginger at Meiklejohn Civil Liberties has published Four Little Orange Books. The first is titled: Landmark Cases left Out of your Textbooks, the second is The Living Constitution, the third, Undoing The Bush/Cheney Legacy - Restoring Lost Liberties: A Tool Kit For Congress and fourth, Making the Universal Declaration the Supreme Law of the Land. Ann writes - the roles of successful lawyers and legal workers in the future will not be the same as the roles of successful lawyers before the Bush-Cheney “war on terrorism. “

Guest - Ann Ginger. Ann is Executive Director of Meiklejohn Civil Liberties Institute, a center for peace law and human rights, with archives of historic cases. Founded in 1965, the Institute answers queries of clients and lawyers and trains interns to prepare reports on U.S. compliance with human rights treaties for submission to U.N. committees.

Ann learned early to use the law and history to work for peace and human rights, coming from an Irish Catholic, English Quaker, Russian Jewish, Midwestern newspaper family. As a lawyer, she won a civil liberties case in the U.S. Supreme Court. After her testimony as an expert witness on international law that applies in the U.S., a jury acquitted nuclear weapons protesters in Utah. She is now teaching Peace Law and Human Rights at San Francisco State University and long served on the Peace and Justice Commission that administers the Nuclear Free Zone Ordinance in Berkeley.

 

 Law and Disorder May 19, 2008 [57:37m]: Play Now | Play in Popup | Download

Ending The War In Iraq: Tom Hayden

Long time political and social activist Tom Hayden joins Law and Disorder hosts for a lively interview and discussion on specific ways to end the illegal war in Iraq. Tom Hayden is a former California state senator, a passionate anti-war activist and has published an anthology titled “Writings For A Democratic Society” , in it he chronicles key civil rights movements and potent sixties activism. The book is a collection of essays, pamphlets, op-ed pieces from the Port Huron Statement - a manifesto for sixties radicals, to reports on the riots at Chicago’s 1968 Democratic National Convention.

Guest - Tom Hayden, political and social activist, author of Ending The War In Iraq. Tom Hayden’s Blog

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Green Scare: The Case of Briana Waters

Here on Law and Disorder we’ve discussed how since December 2005, environmental activists in the United States have been targeted and handed unusually harsh prison sentences. It’s called Green Scare and more than a year ago the National Lawyer’s Guild sponsored an event titled Green Scare - How the Government Is Targeting Eco-Activists. Listen to it here.

Last year the NLG established a hotline 1-888-NLG-ECOL for activists who had been targeted by the FBI for environmental activism.

We bring this up in context of the case involving Briana Waters. Acting as a lookout, she was accused of conspiring to set fire to the University of Washington’s Center for Urban Horticulture in 2001. This, despite evidence presented by the defense that she was 60 miles away at the time of the arson. Others claimed responsibility for the fire, but Ms. Waters, a 32 year old mother and violin teacher may face a mandatory minimum of 35 years in prison.

Federal “conspiracy law” is used often to prosecute drug dealers and is being used by prosecutors to take down individual environmental protesters. Once the judge accepts the charge of conspiracy, here-say is admissible making conspiracy very easy to prove in court.

Guest: California civil rights attorney Ben Rosenfeld

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An Innocent Man In Guantanamo: Five Years of My Life, Part III

Today we hear excerpts from the third part of the event An Innocent Man In Guantanamo: Five Years of My Life. That’s the title of the memoirs recently released by Murat Kurnaz who was detained at Guantanamo for five years. Kurnaz is a Turkish citizen and legal resident of Germany, he traveled to Pakistan to learn more about his Muslim faith and was later arrested at a checkpoint, handed to the United States and eventually taken to Guantanamo Bay, Cuba. Former US Army Muslim Chaplain of Guantanamo Bay, James Yee voices his concern about other secret prisons in Afghanistan and systematic abuse to prisoners involving IRF teams.

The event presented by Friends of the Library, brought together a panel of lawyers from the U.S. and Germany who fought for Murat’s release and a Guantanamo chaplain who was accused of espionage and imprisoned. The panel was moderated by our own Michael Ratner. Speakers include:

• Baher Azmy - Professor at Seton Hall Law School, where he directs a civil rights clinic and teaches constitutional law. His litigation work on national security and human rights cases emerging from the “war on terror” include lawfulness of extraordinary rendition, torture and indefinite executive detention. In July 2004, Azmy began representation of Murat Kurnaz imprisoned in Guantanamo Bay until his release in August 2006.
• Bernhard Docke - a lawyer since 1983, specializes in criminal law, since 1989 partner of the law firm “Dr. Heinrich Hannover und Partner” in Bremen, Germany. He has been a lawyer for Mr. Kurnaz since 2002.
• Wallace Shawn - an Obie-winning playwright and a stage and screen actor. His plays include The Designated Mourner, Marie and Bruce, The Fever, and Aunt Dan and Lemon. He co-wrote and starred in the art-house classic My Dinner with Andre and he also performed in numerous Woody Allen films including Manhattan and Radio Days. Our Late Night and a Thought in Three Parts: Two Plays will be published in Spring 2008.
• James Yee - the former US Army Muslim Chaplain of Guantanamo Bay. His book, For God And Country, Faith and Patriotism Under Fire, tells the story about being wrongly accused of espionage and imprisoned by the U.S. military. In 2004, the government dropped all charges against him and he received an honorable discharge from the U.S. Army.
• Phillipe Sands - an international lawyer and a professor of law at University College London. He is the author of Lawless World and is frequently a commentator on news and current affairs programs including CNN, MSNBC and BBC World Service. Sands has been involved in many international cases, including the World Court trial of Slobodan Milosevic and the treatment of British detainees at Guantanamo Bay. His article in Vanity Fair “The Green Light,” looks at how high level members of the Bush administration pressured underlings to use torture tactics at Guantanamo. He is also the author of Torture Team: Rumsfeld’s Memo and the Betrayal of American Values.

 

 Law and Disorder May 12, 2008 [57:57m]: Play Now | Play in Popup | Download

Updates:

• Massive Civil Disobediance Protesting The Murder Of Sean Bell
• Lawyers Continue Move To Get Torture Memo Author Yoo Tried As War Criminal
• NYCLU Study: NYPD Arrests And Jails Nearly 400 Thousand For Marijuana In 10 Years.

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Taking Back The Right To Dissent: The Case of the Bangor Six

Recently, jurors in the Case of the ‘Bangor Six’ brought back a decisive verdict of ‘not guilty.’ The six veterans for peace, anti war protesters were arrested in March of last year after refusing to leave the federal building where their senator, Republican Susan Collins has her office. The six activists were among 12 that say they were protesting Bush’s proposal to increase troops in Iraq to support a military strategy known s the surge and also urged Collins to vote against continued funding for the war. Collins did not vote against funding for the war and did not meet with activists. Six of the activists were later arrested. (Collins Watch)

Now, during this trial, the jury was allowed by the judge to decide whether the defendants believed that they were not guilty in making a conscious choice to break Maine law because they thought international law was being violated. The jurors decided unanimously that the protesters did believe they had the ‘license and privilege’ to act as they did, in rendering the ‘not guilty’ verdict.

Guest - Bar Harbor attorney Lynne Williams, also with Maine Lawyers for Democracy a group of 65 Maine lawyers, calling for the impeachment of President Bush and Vice President Cheney.

List of Bangor Six - Jonathan Kreps, 57, of Appleton, Henry Braun, 77, of Wells, James Freeman, 59, of Verona, Dudley F. Hendrick, 66, of Deer Isle, Douglas Rawlings, 61, of Chesterville, and Robert Shetterly, 61, of Brooksville,
chose to go to trial. The other six pleaded guilty and paid fines.

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2008 Left Forum Opening Plenary: Adam Hochschild and Naomi Klein

We go now to hear two speeches from this year’s Left Forum Opening Plenary from author/ professor Adam Hochschild and writer/ filmmaker Naomi Klein author of The Shock Doctrine. The Left Forum was titled Cracks In The Edifice. The many panels at the 2008 Left Forum addressed and challenged the current economic and political catastrophes in the United States and discussed possibilities for social movements to build better world in its place.

We’ve interviewed Adam previously on Law and Disorder about his books, King Leopold’s Ghost and Bury The Chains: Prophets and Rebels in the Fight to Free an Empire’s Slaves. He’s the co-founder of Mother Jones magazine and teaches at the Graduate School of Journalism at the University of California Berkeley. In his speech Hochschild uses the ideas of early activism to abolish slavery as models for the current civil rights movement.

In her speech, Naomi Klein discusses how the lack of response in the devastation of Hurricane Katrina and the illegal wars in Iraq and Afghanistan are intentional strategies she calls “disaster capitalism.” At the 2008 Left Forum Naomi suggests that many in the United States have woken up to roughshod profiteering of disaster capitalism.

A special thank you to Lisa Rudman with Making Contact for recording the Left Forum Opening Plenary

 

 Law and Disorder February 25, 2008 [58:00m]: Play Now | Play in Popup | Download

• Hosts Update: Fidel Castro and Cuba in the news.
  

Encore Segment: Naomi Wolf - The End of America: A Letter of Warning to a Young Patriot

Law and Disorder hosts were live in the studio with Naomi Wolf. Naomi Wolf is a feminist, social critic and political activist. The New York Times called her book, The Beauty Myth, one of the most important books of the 20th century. Wolf is the co-founder of The Woodhull Institute for Ethical Leadership, teaching young women to become leaders and agents of change. Naomi Wolf blog in the Huffington Post

Her latest book The End of America: A Letter of Warning to a Young Patriot is a call to return to the beliefs of our founding fathers. Wolf’s new book illustrates ten steps historically taken by leaders who are attempting to dismantle a democracy. Wolf jokingly called it the The Greatest Hits of Facism.

In The End of America, Wolf gives voice to the cause of every American patriot: the preservation of the Constitution and the liberties it embodies and protects.

“Recent history has profound lessons for us in the U.S. today about how fascist, totalitarian, and other repressive leaders seize and maintain power, especially in what were once democracies. The secret is that these leaders all tend to take very similar, parallel steps. The Founders of this nation were so deeply familiar with tyranny and the habits and practices of tyrants that they set up our checks and balances precisely out of fear of what is unfolding today. We are seeing these same kinds of tactics now closing down freedoms in America, turning our nation into something that in the near future could be quite other than the open society in which we grew up and learned to love liberty,” stated Wolf.

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Servants of Wealth: The Right’s Assault on Economic Justice

“Freedom and democracy” are two words we’ve been hearing from the right wing in this country for 25 years. In their quest to shore up support for the politics of wealth and privilege, the Right has organized patiently and consistently by focusing on a core ideology to amass a formidable base. The Right’s commentary on world affairs, morality, the state, and the economy, though, has had an overarching focus, namely to eliminate social equality as a legitimate public policy goal. Its success has resulted in one of the most dramatic, undemocratic, and insidious transfers of wealth and power in recent American history.

Guest - John Ehrenberg, author of the book “Servants of Wealth: The Right’s Assault on Economic Justice.” A professor of political science at Long Island University, in this, his third book, critically analyzes the rise of an ideologically coherent Right. He dissects their themes of military weakness, moral decay, racial anxiety, and hostility to social welfare to reveal their central organizing objective of protecting wealth and assaulting equality.

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 Law and Disorder Dec.31, 2007 [58:33m]: Play Now | Play in Popup | Download

On this last day of 2007, Law and Disorder will look at the stories that have taken civil liberties in this country many steps in the wrong direction. We start with the question of impeachment, what happened, why it stalled, we’ll look at damaging supreme court decisions and draconian legislation that took large bite out of the right to free speech and dissent in this country.

We begin by checking in with John Nirenberg, he’s marching from Boston to Washington DC. His goal, to walk 485 miles to deliver his message of impeachment to Nancy Pelosi. Nirenberg explains to hosts how after reading The Lucifer Effect: Understanding How Good People Turn Evil. One slogan from www.marchinmyname.org reads. . . “when voting isn’t enough, when letter writing isn’t enough, when signing petitions isn’t enough, when outrage isn’t enough.”

Guest - John Nirenberg former Professor of Organizational Behavior. He started his career as a Social Studies and American History teacher.

Impeachment?

Hosts discuss the “magnificent failure on impeachment followed by the continued approval for war funding in Iraq and Afghanistan and connect it with the Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq.

Co-host Michael Ratner enumerates several key stories of torture in 2007, including the destruction of the CIA videotapes, the Mahar Arar case, and the confirmation of Attorney General Michael Mukasey who says he’s not certain if water-boarding is torture.

Law and Disorder hosts then talk about the recent Supreme Court arguments regarding the remaining Guantanamo Bay Cuba detainees and the horrible failure to restore habeas corpus. This case may determine once and for all whether there is a constitutional right to habeas corpus - that is, a fair hearing before a real court - for everyone detained by the U.S. government at Guantánamo.

Increases in surveillance powers were also on the list of wrong-turn stories this year, co-host Heidi Boghosian points out the legislation that extends the Foreign Intelligence Surveillance Act. In the wake of Congress approving a dramatic expansion of U.S. warrant-less wiretapping powers, the Center for Constitutional Rights has argued that the NSA’s program is unconstitutional and should be struck down. The argument in CCR v. Bush comes after Congress and the Bush administration passed the Protect America Act of 2007 which broadly expands the government’s power to spy on Americans without getting court approval.

Hosts also examine the Violent Radicalization and Homegrown Terrorism Prevention Act. Legislation that appears an effort to re-create the House Committee on Un-American Activities, which was a standing commission in the fifties and sixties to root out “un-American” ideas among political activists. This, with the John Warner National Defense Authorization Act for FY 2007 is key to installing the police state apparatus and declaring martial law.

The New Supreme Court: The Trifecta 2007

• The 5-4 ruling that race cannot be a factor in the assignment of children to public schools. Free speech not an option for students regarding (Bong Hits For Jesus).
• Campaign Finance Reform - The Supreme Court has thrown out part of the McCain-Feingold campaign finance law that placed restrictions on corporations and unions from buying television ads close to elections
• The citizens’ ability to challenge government violations of the separation of church and state, Hein v. Freedom from Religion Foundation 5-4, the Justices ruled that taxpayers do not have standing to challenge the White House program on federal aid to faith-based organizations.
• On a lighter note, Supreme Court justices overturned a U.S. appeals court ruling that judges cannot hand down a lighter punishment because they disagree with wide disparities for crack and powder cocaine sentences. Blacks account for about 80 percent of the federal crack cocaine convictions.

Michael Ratner’s Acceptance Speech

We end this year-end program with an acceptance speech delivered by co-host, attorney, author and Center for Constitutional Rights President Michael Ratner. Michael received the 2007 Puffin/Nation Prize for Creative Citizenship.

“One of the country’s foremost defenders of human rights and civil liberties, Michael Ratner has led the fight to demand due process for Guantánamo detainees, adequate safeguards against intrusive government surveillance, and an end to torture and extraordinary rendition.”

 

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Lawyers You’ll Like: James Lafferty Executive Dir. of the National Lawyers Guild in Los Angeles

James Lafferty is currently the Executive Director of the National Lawyers Guild in Los Angeles and host of The Lawyers Guild Show, a weekly public affairs program on Pacifica radio station KPFK, 90.7 FM.

He has served as a chief officer of, and spokesperson for, various national anti-war coalitions, including the National Peace Action Coalition, the anti-Vietnam War coalition that organized the largest protests during that war; the National Coalition for Peace in the Middle East; and, the National Campaign to End U.S. Intervention in the Philippines. In the ‘60s and ‘70s, his law firm, Lafferty, Reosti, Jabara, Papakian & Smith, represented virtually all of the left political movements in and around Detroit, Michigan, during which time he became one of this nation’s leading experts on Selective Service law and military law.

In the early ‘80’s, Mr. Lafferty founded and chaired the largest A.C.L.U. Chapter in the State of Michigan. In New York City, in the late 80’s and early ‘90s, he traveled the world organizing on behalf of the labor rights of merchant seafarers. During this time he also taught a course at the New School for Social Research, entitled, Vietnam: The War at Home and Abroad. More recently, he was the Coordinator of the L.A. Coalition to Stop the Execution of Mumia Abu-Jamal, as well as a member of the national steering committee of the Campaign to Stop the Execution of Mumia Abu-Jamal.

He currently serves on the Board of the L.A.-based Office of the Americas and on the steering committee of the anti-war coalition, International ANSWER/L.A. Mr. Lafferty has recently been elected as a Fellow of the L.A. Institute for the Humanities, at the University of Southern California.

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Government Aims to Block Accountability for Illegal Spying on Americans

In the wake of Congress approving a dramatic expansion of U.S. warrant-less wiretapping powers, the Center for Constitutional Rights has argued that the NSA’s program is unconstitutional and should be struck down. The argument in CCR v. Bush comes after Congress and the Bush administration passed the Protect America Act of 2007 which broadly expands the government’s power to spy on Americans without getting court approval.

The law effectively removes oversight for spying from the Foreign Intelligence Surveillance Act Court or FISA court and leaves it up to the Executive Branch to monitor itself, with Attorney General Gonzales having the primary responsibility for oversight. The arguments are being heard at the Ninth Circuit Court of Appeals in San Francisco

Guest - Shayana Kadidal attorney with the Center for Constitutional Rights.

Check out Shane’s Blog - “Something remarkable and disturbing is happening in this case and in others across the country” challenging the NSA’s warrantless spying on Americans, wrote the lawyers in the case in Oregon challenging NSA surveillance of domestic attorney-client phone calls. “The executive branch of our federal government, disregarding the admonition that ‘[d]emocracies die behind closed doors,’ is attempting to draw a veil of secrecy over judicial proceedings to determine whether the warrantless eavesdropping program, itself kept secret for years, is unlawful.”

 

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Prison Legal News Settlement

When we think of doctor closing a wound many things come to mind - sutures, staples, band aids or the like. It might astound many to learn that some doctors use Krazy glue on inmate patients. During a time when government transparency is nearly obsolete, we find the few that act as beacons of hope. When he first requested the records for medical malpractice cases involving inmates in 2000, Paul Wright never imagined how much trouble it would be.

After six years of legal battles over alterations to original documents and failure to produce crucial records in a timely fashion, Mr. Wright finally has his records, a story and the biggest public records related settlement in Washington state history of $541,000.

Guest - Paul Wright, editor of Prison Legal News, a publication that looks into our correctional facilities and reports on prisoner’s rights. Paul is also on the board of the National Lawyers Guild.

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Police Brutality - Dr. Catherine Wilkerson Case

Police used excessive force when they attacked peaceful protestors who rallied at a University of Michigan event sponsored by the American Movement for Israel. As the senior medical professional on scene, Dr. Catherine Wilkerson took responsibility for the well-being of a middle-aged man who claimed he couldn’t breath and lost consciousness. She exhorted the police to get off of him, and was allowed to check his pulse and breathing.

Wilkerson later protested when Emergency Medical Service (EMS) personnel breached ethical medical practices by forcing ammonia into the man’s nostrils and face. It was at this time that she was physically assaulted and detained by Ann Arbor police.

No charges were filed until after Dr. Wilkerson wrote a complaint to authorities about the actions of the police officers. A week since writing the letter, Dr. Wilkerson was charged by the Washtenaw County Prosecutor Brian Mackie’s office, at the request of the UM police, with two attempted felonies—one against Officer Warner and one against the EMS personnel.

DEFEND CATHERINE WILKERSON

Guest - Buck Davis, he’s a National Lawyer’s Guild attorney with the Police Accountability Project working on this case.

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Hear and watch video of incident

 

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Troy Anthony Davis Update: 90 Days Stay of Execution

The Georgia State Board of Pardons and Paroles granted a 90-day stay of execution to Troy Davis. On July 16, less than 24 hours before Troy Davis was scheduled to be executed in Georgia, the state Board of Pardons and Paroles issued a stay of execution, to be not longer than 90 days, “for the purpose of evaluating and analyzing” the information submitted to it during the clemency hearing earlier in the day. Act today to ensure that the the Georgia State Board of Pardons and Paroles grants Troy clemency!

Fax your message to: State Board of Pardons & Paroles - 404-651-8502.

Troy Davis was sentenced to death in Georgia, for the murder of a police officer. The case against him consisted entirely of witness testimonies that were full of inconsistencies, even at the time of trial. Since then, all but two of the states’ nine non-police witnesses from the trial have recanted their testimony. Many state in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis. Listen to Law and Disorder interview with Troy’s sister Martina Correia.

Vatican Urges Georgia To Spare Inmate

Where is the justice for me? The case of Troy Davis facing execution in Georgia

Dalia Hashad, co-host and Director of Amnesty International’s USA program gives us this update.

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National Lawyers Guild Report: Punishing Protests - Government Tactics That Suppress Free Speech

Co-Host Heidi Boghosian and National Lawyers Guild members publish a powerful report chronicling government tactics employed on city, state and federal levels aimed at suppressing public dissent. The report outlines the hierarchy of government attacks on free speech, from sophisticated data collecting agencies to arresting demonstrators without probable cause. Order yours here $3

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Marjorie Cohn - Cowboy Republic, Six Ways the Bush Gang Has Defied the Law.

National Lawyers Guild President, legal scholar and co-author of Cameras in the Courtroom: Television and the Pursuit of Justice, Marjorie Cohn has written a new book titled, Cowboy Republic, Six Ways the Bush Gang Has Defied the Law. She provides an in-depth analysis of six significant ways in which the Bush administration has undermined the rule of law in this country. Professor Cohn details the illegal invasion and occupation of Iraq; the policy of torture; war crimes; the kangaroo courts of Guantanamo; unconstitutional laws; and the unlawful surveillance of American citizens. Her book contains practical ways to strengthen the rule of law domestically and internationally, including both political and legal remedies.

Guest - Marjorie Cohn - President of the National Lawyers Guild.

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Visit Co-Host Michael Ratner’s Blog - JustLeft.org