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Law and Disorder November 7, 2016


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More FDNY Lawsuits

Two years ago the New York Fire Department settled a racial discrimination suit brought by the Center for Constitutional Rights and the United States Department of Justice on behalf of the Vulcans, black fire fighters organization. The court awarded $100 million in back pay and benefits to fire fighters who had been discriminated against and to applicants who’s efforts to join the department had been stymied by what the court ruled was institutional bias. Two weeks ago a second lawsuit was filed by Brooklyn attorney Greg Smith on behalf of 10 African American civilians who work in the non-uniform part of the New York Fire Department. The suit alleges pay discrimination, retaliation for complaints, and harassment of black people working at the fire department.

Guest – Ginger Adams Otis  has been writing about New York City and local politics for more than a decade. She is a staff writer at the NY Daily News. Otis started covering City Hall and the Fire Department when she worked for The Chief-Leader, from there she moved to staff position at the NY Post. She’s also been a radio and print freelancer for WNYC, the Associated Press, BBC, National Public Radio, The Village Voice and national magazines such as The Nation and Ms. She lives in Harlem, NY.Ginger Otis. She’s the author of the book Firefight The Century-Long Battle to Integrate New York’s Bravest. Ms. Otis works as a staff writer for the NY Daily News.

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Anti-SLAPP Legislation

If you have ever left a less than favorable comment on a website such as Yelp or TripAdvisor you should know that some businesses or doctors are suing consumers for their negative reviews. Patients writing about botched surgical procedures or doctors’ billing practices have been sued in small claims court saying the bad reviews cost their practices thousands of dollars.

Two pending federal laws are designed to protect consumers from legal retaliation when they express opinions online.

The Consumer Review Fairness Act, dubbed the “Right to Yelp Act,” would bar companies from including gag clauses in agreements they ask consumers to sign. And the Speak Free Act would create a legal weapon for defendants in lawsuits over their publicly expressed thoughts. Such cases are called SLAPP (strategic lawsuits against public participation). Someone brought into court over their words can invoke the bill’s anti-SLAPP motion to get the case dismissed quickly and force the plaintiff to pay attorney’s fees.

Yelp is among some 40 companies and nonprofits backing the bills, which also have bipartisan support in Congress, where they are expected to move forward this fall. Some, however, find the bills unconstitutional as they might impose barriers to civil rights and public interest litigation.

Guest – Evan Mascagni, policy director at the Public Participation Project. The Project assists individuals and organizations working to pass anti-SLAPP legislation in the states while educating the public regarding SLAPPs and their consequences.

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How the CIA Killed Che: The Murder of A Revolutionary

The Cuban revolution of 1959 was a historical turning point. It ended American corporate and political control of the island’s economy and government and it demonstrated to other Latin American and Caribbean peoples that they could do the same. The American response was quick and deadly.  They overthrew any governments that did not oppose the Cuban revolution. This included Brazil, Argentina, the Dominican Republic, Bolivia and most spectacularly, in 1971, in an effort involving US Secretary of State Henry Kissinger, the democratically elected socialist government of Chile. Che Guevara failed in his attempt to defend the revolution in Cuba by extending it. He started in Bolivia with a band of international revolutionary guerrilla fighters and was quickly discovered, surrounded, and assassinated by Bolivian soldiers trained and organized by the CIA in an operation that was directed right out of the White House. The economic blockade of Cuba by the United States is still in effect.  Left leaning governments in Argentina, Brazil, and Honduras have been replaced by neoliberal capitalists under the favored hand of the American government.

Guest –  Professor Greg Grandin  wrote the introduction to the recently published book by our own Michael Ratner and Michael Steven Smith called “How the CIA Killed Che. Grandin is the author of a number of prize-winning books, including most recently “The Empire of Necessity: Slavery, Freedom, and Deception in the New World,” which won the Bancroft Prize in American History and was shortlisted for the Samuel Johnson Prize in the UK. NPR’s Maureen Corrigan on Fresh Air named The Empire of Necessity as the best book of 2014, both non-fiction and fiction. “Fordlandia: The Rise and Fall of Henry Ford’s Forgotten Jungle City” was a finalist for the Pulitzer Prize in History, as well as for the National Book Award and the National Book Critics Circle Award and was picked by the New York Times, New Yorker, Boston Globe, Chicago Tribune and NPR for their “best of” lists, and Amazon.com named it the best history book of 2009.

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Law and Disorder October 31, 2016


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Green Party Vice Presidential Candidate Ajamu Baraka

Here on Law and Disorder we continue our interviews with candidates other than the two major parties. This week we talk with Green Party Vice Presidential Candidate Ajamu Baraka.

Guest – Ajamu Baraka is a longtime activist, veteran of Black Liberation Movement, Human Rights defender, Former founding director of US Human Rights Network, currently Public Intervenon for Human Rights with Green Shadow Cabinet, member of Coordinating Committee of Black Left Unity Network and Associate Fellow at IPS.  He’s on a long time board member of the Center for Constitutional  Rights and a human rights defender whose experience spans three decades of domestic and international education and activism, Ajamu Baraka is a veteran grassroots organizer whose roots are in the Black Liberation Movement and anti-apartheid and Central American solidarity struggles. Black Agenda Report

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The Connecticut Four

More than ten years ago four librarians in Connecticut fought back after FBI agents handed them National Security Letters seeking library records under the PATRIOT Act, and warned them it was a criminal offense to discuss it with anyone. The letter demanded that the librarians identify patrons who had used library computers online at a specific time a year earlier. Four librarians challenged the legality of the request in a lawsuit, represented by the ACLU. A year later the government withdrew the demand for information and the gag order. The media dubbed them “the Connecticut Four.”

Recently they have reunited to draw attention to attempts by the U.S. Senate to expand the amount and kinds of information that the government may compel libraries and others to divulge. It could force librarians to give the FBI transaction records, such as email metadata, links clicked on to access other websites and the length and time of Internet search sessions.

Guest – George Christian, executive director of the Library Connection and one of the four Connecticut librarians gagged by the FBI. The four librarians, members of the Library Connection, sought help from the ACLU after the FBI demanded patron records through a National Security Letter.

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The Bronx 120

Just before 5 in the morning on April 27, 700 law enforcement officers conducted the largest gang raid in NY history in the Williamsbridge section of the North Bronx. Prosecutors used the 1970 RICO Act, and 78 young men averaging 24 years in age were arrested and indicted 120 on conspiracy charges. All are being detained collectively for 8 murders and firearms and drug charges dating back two decades. In one apartment, more than a dozen police threw flash-bang grenades and broke down the front door with assault weapons aimed at Paula Clarke and her two daughters, then forced them to crawl down their hall on all fours toward the officers.

At a press conference, police characterized the young men as “the epitome of organized crime today.” Cooperating federal agencies included the DEA, the ATF, the US attorney general, and ICE’s Homeland Security Investigations. Community members question this portrayal, saying the young men were not highly organized gangsters terrorizing a community; they lacked money and weapons and were living at home with their parents.

Critics claim that applying RICO to to street gangs has racist implications. Under RICO, individuals can be found guilty by association. Despite gang-related crime accounting for less than 2 percent of city crime, two weeks after the raid, James O’Neill, now NYPD Commissioner, promised 20 more raids before July 4.

The department quadrupled its gang division by launching Operation Crew Cut in 2012. A 2014 initiative has spent over $64.6 million on surveillance cameras and singled out 15 projects as high-crime zones; at least ten of those projects have experienced police raids.

Guest – Cindy Gorn is a former teacher of Urban Studies at Hunter College and a member of the Incarcerated Workers Organizing Committee.

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Law and Disorder October 17, 2016


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Women’s Boat To Gaza: 2016

When the Zionist settlers colonized Palestine they removed 750,000 natives in 1948 and more in the 1967.  Many Palestinians fled to Gaza where 1,900,000 people live in a 5 x 25 mile strip of land in the Mediterranean Sea south of Israel. Gaza is completely blockaded by the Israeli army, Air Force and Navy. The 25 mile stretch of land has been called the largest open air prison.  In 2012 the Israeli Army and Air Force attacked Gaza killing several thousand people, including more than 500 children and destroyed many buildings and the infrastructure of the area like hospitals, schools and the water purification plant. Because of the Israeli blockade, Gaza has yet to be rebuilt.

Ann Wright was on the boat Zaytouna-Oliva as part of the women’s boats to Gaza project. It sailed 1,715 miles from Barcelona Spain to Corsica to Sicily and on towards Gaza. However, the boat was seized by the Israeli Navy on October 5, 2016. They were in international waters 34 miles from Gaza when they were illegally apprehended by the Israeli Navy, taken to Israel, and deported. On board were 13 women from various countries whose mission was to bring hope to the people of Gaza and show they are not forgotten. Ann joins us today to talk about this courageous endeavor of hope and peace. She’s a retired Army Colonel and diplomat who resigned after the beginning of the war on Iraq.  She has since devoted herself to the peace movement.

Guest – Ann Wright is a 29-year US Army/Army Reserves veteran, a retired United States Army colonel and retired U.S. State Department official, known for her outspoken opposition to the Iraq War. She received the State Department Award for Heroism in 1997, after helping to evacuate several thousand people during the civil war in Sierra Leone. She is most noted for having been one of three State Department officials to publicly resign in direct protest of the 2003 Invasion of Iraq. Wright was also a passenger on the Challenger 1, which along with the Mavi Marmara, was part of the Gaza flotilla. She served in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Sierra Leone, Micronesia and Mongolia. In December, 2001 she was on the small team that reopened the US Embassy in Kabul, Afghanistan. She is the co-author of the book “Dissent: Voices of Conscience.” She has written frequently on rape in the military.

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Jeff Mackler : U.S. Presidential Campaign Gains Support

Law and Disorder will be broadcasting interviews with candidates other than the two major parties. We check in with Jeff Mackler who is the National Secretary of Socialist Action and their 2016 presidential candidate. Jeff Mackler is the author of 25 books and pamphlets on a range of key social, economic and political issues. He’s a lifelong anti-war and anti-racist activist and a leader of the United Anti-War Coalition.

Guest – Jeff Mackler, is the National Secretary of Socialist Action and Socialist Action’s candidate for president in 2016. Mackler is the author of some 25 books and pamphlets on a range of key social, political and economic  issues, a lifelong antiwar and anti-racist activist, a leader of the United National Antiwar Coalition and founder of the Northern California Climate Mobilization.

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Law and Disorder June 20, 2016


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¡Michael Ratner Presente!

We hear excerpts from Michael Ratner’s public memorial held in the Great Hall at Cooper Union in Manhattan, New York.  It would have been Michael’s 73rd birthday on June 13, 2016.

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¡Michael Ratner Presente! was co-sponsored by Cooper Union, the Center for Constitutional Rights, Democracy Now!, National Lawyers Guild, The Nation Institute, Nation Magazine, Haymarket Books, and Voices of a People’s History of the United States.

Michael Ratner’s Politics – By Michael Smith

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Law and Disorder March 14, 2016


Update: Co-host Michael Smith’s Parrot Charlie Turns 25

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Green Party 2016 US Presidential Candidate Dr. Jill Stein

Jill Stein is a physician and activist who is seeking the Green Party’s 2016 presidential nomination. She ran for the White House as the Green Party’s candidate in 2012, winning nearly half a million votes.  Stein is a graduate of Harvard College and Harvard Medical School.

Her campaign website urges: It’s time to build a people’s movement to end unemployment and poverty; avert climate catastrophe; build a sustainable, just economy; and recognize the dignity and human rights of every person. The power to create this new world is not in our hopes; it’s not in our dreams — it’s in our hands.

Guest – Dr. Jill Stein, was the Green Party’s 2012 candidate for president of the United States. She is an organizer, physician, and pioneering environmental-health advocate. She has led initiatives promoting healthy communities, local green economies and the revitalization of democracy – addressing issues such as campaign finance reform, green jobs, racially-just redistricting, and the cleanup of incinerators, coal plants, and toxics. She was a principal organizer for the Global Climate Convergence for People, Planet and Peace over Profit. Dr. Jill Stein is a mother, physician, longtime teacher of internal medicine, and pioneering environmental-health advocate. She is the co-author of two widely-praised reports,  In Harm’s Way: Toxic Threats to Child Development, published in 2000, and Environmental Threats to Healthy Aging, published in 2009.  The first of these  has been translated into four languages and is used worldwide. The reports promote green local economies, sustainable agriculture, clean power, and freedom from toxic threats.

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Department of American Indian Studies at the University of Illinois Reduced From Nine To Zero

Professor Robert Warrior is the departing chairman of the Department of American Indian Studies at the University of Illinois. Warrior is a member of the Osage Indian tribe of Oklahoma. He was the chairman of the department that help recruit Professor Steven Salaita to the University of Illinois in 2014. Salaita gave up his tenure in Virginia and was moving to University of Illinois when he was openly critical of the Israeli bombing of Palestinians in Gaza. For this, his tenured position at the University of Illinois was revoked. In the wake of Salaita’s firing, the Department of American Indian Studies at the University of Illinois had dwindled down to zero people from the nine it had just two years ago.

Guest – Professor Robert Warrior is Director of American Indian Studies at the University of Illinois at Urbana-Champaign, where he is Professor of American Indian Studies, English, and History. An enrolled member of the Osage Nation, he is the author of The People and the Word: Reading Native Nonfiction, American Indian Literary Nationalism (with Craig Womack and Jace Weaver), Like a Hurricane: The Indian Movement from Alcatraz to Wounded Knee (with Paul Chaat Smith) and Tribal Secrets: Recovering American Indian Intellectual Traditions. He is also a member of the Native Critics Collective, which published Reasoning Together, a collection of essays focused on Native literary criticism.

Members of the Native American and Indigenous Studies Association selected both The People and the Word and Reasoning Together for its list of the ten most influential books in Native and Indigenous studies in the first decade of the twenty-first century. He and the coauthors of American Indian Literary Nationalism were the inaugural recipients of the Beatrice Medicine Award for Scholarly Writing from the Native American Literature Symposium, and Warriorhas also received awards from the Gustavus Myers Foundation, the NativeAmerican Journalists Association, the Church Press Association, and others.

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Law and Disorder February 1, 2016


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CCR Human Rights Group Returns From Israel

Executive Director of the Center for Constitutional Rights Attorney Vince Warren returned from Palestine Israel last month where he was accompanied by CCR Legal Director Baher Azmy and CCR Deputy Legal Director Maria LaHood.  We talk with Vince Warren about what they saw, with whom they met, and the current activities of the CCR in support of the Palestinian people and human rights in Israel Palestine.

Guest – Vince Warren, Executive Director of the Center for Constitutional Rights. He oversees CCR’s groundbreaking litigation and advocacy work, which includes using international and domestic law to hold corporations and government officials accountable for human rights abuses; challenging racial, gender and LGBT injustice; and combating the illegal expansion of U.S. presidential power and policies such as illegal detention at Guantanamo, rendition, and torture. Prior to his tenure at CCR, Vince was a national senior staff attorney with the American Civil Liberties Union, where he litigated civil rights cases, focusing on affirmative action, racial profiling, and criminal justice reform. Vince was also involved in monitoring South Africa’s historic Truth and Reconciliation Commission hearings, and worked as a criminal defense attorney for the Legal Aid Society in Brooklyn. Vince is a graduate of Haverford College and Rutgers School of Law.

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American Exceptionalism And The Proto-Fascist State

American exceptionalism is a term referencing the special character of the United States as a uniquely free nation based on democratic ideals and personal liberty.  Our guest Todd Pierce has written about this and American militarism on sites such as MondoWeiss.com, Consortiumnews and Truthout. We’ll also talk with him about the Obama Administration’s expression of “American exceptionalism.” How has military rule degenerated the principles within U.S. Constitution? Todd Pierce points out that there is a continuity between the Obama Administration – today’s neoconservatives and the law under fascist Germany in the 30s and 40s.

Guest – Todd Pierce, retired Major in the U.S. Army Judge Advocate General (JAG) Corps in November 2012. His most recent assignment was defense counsel in the Office of Chief Defense Counsel, Office of Military Commissions. In the course of that assignment, he researched and reviewed the complete records of military commissions held during the Civil War and stored at the National Archives in Washington, D.C.

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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 November 23, 2015


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A Good American

Weeks before the September 11 attacks, newly-arrived NSA director General Michael Hayden nixed a highly-effective computer surveillance program called ThinThread. Hayden instead elected to award a $280 million contract to the private Science Applications International Corporation to develop Trailblazer, a program that ultimately cost billions of dollars and that was deemed by anonymous NSA sources as a “wasteful failure” before it was finally abandoned.

A new film by Austrian director Freidrich Moser, “A Good American,” tells the story of the mathematician many consider the best code-breaker the US ever had and how he and a small team within the NSA created ThinThread. It could pick up any electronic signal on Earth, filter for terrorist activity, and render results in real-time, avoiding data overload which has been an life-threatening impediment to national intelligence agencies. ThinThread protected American’s privacy by using an anonymizer so that identities were only revealed after obtaining a court warrant. In a secret test-run in early 2002 of the ThinThread against the pre-9/11-NSA database, the program quickly detected the terrorists’ plans.

Guest – Freidrich Moser, Friedrich holds a university degree (MA) in history and german studies from the University of Salzburg Austria. Friedrich started his professional career as a TV journalist and editor in Bolzano-Bozen Italy. In 2001 he founded blue+green communication. He has made over 20 documentaries most of them as producer director DoP. In 2008 he attended successfully the Documentary Campus, the European Masterschool for non-fiction filmmaking.

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Academic Freedom Case Victory Bittersweet: University of Illinois To Pay $875,000 Settlement To Professor Steven Salaita

University of Illinois trustees have voted to agree to a $875,000 financial settlement with Steven Salaita. Last year, his job offer for a tenured position at the University of Illinois at Urbana-Champaign was withdrawn after he posted tweets harshly critical of the 2014 Israeli assault on Gaza. Under the terms of the settlement, Salaita will not get his job back but will receive $600,000. The rest of the money will go to his legal team. “This settlement is a vindication for me, but more importantly, it is a victory for academic freedom and the First Amendment,” Salaita said in a statement. “The petitions, demonstrations, and investigations, as well as the legal case, have reinvigorated American higher education as a place of critical thinking and rigorous debate, and I am deeply grateful to all who have spoken out.” .

Guest – Maria LaHood – Deputy Legal Director at the Center for Constitutional Rights with expertise in constitutional rights and international human rights. She works to defend the constitutional rights of Palestinian human rights advocates in the United States in cases such as Davis v. Cox, defending Olympia Food Co-op board members for boycotting Israeli goods; Salaita v. Kennedy,representing Steven Salaita, who was terminated from a tenured position for tweets critical of Israel; and CCR v. DOD, seeking U.S. government records under the Freedom of Information Act (FOIA) regarding Israel’s 2010 attack on the flotilla to Gaza. She works closely with Palestine Legal to support students and others whose speech is being suppressed for their Palestine advocacy around the country. She also works on the Right to Heal initiative with Iraqi civil society and Iraq Veterans seeking accountability for the lasting health effects of the Iraq war.

Guest – Anan Swaminathan– joined Loevy & Loevy in 2010. Anand has worked on a broad range of constitutional and civil rights cases, and has worked extensively on False Claims Act litigation, where he has represented whistleblowers alleging defense/military and other government contractor fraud, bid-rigging, Medicare and Medicaid fraud, construction/contractor (MBE/DBE) fraud, and tax fraud. Anand has also represented whistleblowers in financial fraud cases under the Dodd-Frank financial reform bill, and in complex fraud cases under other federal and state statutes.

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CIW Farmworkers Protest Wendy’s Board Chairman Nelson Peltz

We caught up with the Coalition of Immokalee Workers protest in front of the Wendy’s fast food restaurant in midtown Manhattan and spoke with Gerardo Reyes Chávez. Gerardo has worked in the fields since age 11, first as a peasant farmer in Zacatecas, Mexico, and then in the fields of Florida picking oranges, tomatoes, and watermelons. He joined the Coalition of Immokalee Workers, a Florida-based human rights organization, shortly after his arrival in the United States in 2000, when his fellow farm worker roommates, who had previously escaped a violent slavery operation hidden in the swamp south of Immokalee, Florida, invited him to come to the CIW’s Wednesday evening community meetings.

We also spoke with a Rabbi Raphael Kohntraster with T’ruah, a major Jewish ally of the Coalition of Immokalee Workers, inspiring Jewish communities around the country to join and support the human rights of farmworkers and call on grocery stores and restaurant chains to sign onto the Fair Food Program.

(photo credit: Jake Ratner)

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Law and Disorder November 9, 2015


41s1YjDN5-L Sen. John F. Kennedy, (left), and Allen W. Dulles, Central Intelligence Agency (CIA) director, walks towards newsmen on the lawn of the Democratic presidential candidates in Hyannis Port, MA., home on July 23, 1960. The two men held a news conference after Senator Kennedy was briefed by Dulles on international affairs. (AP Photo/WCC)

The Devil’s Chessboard: Allen Dulles, the CIA, and the Rise of America’s Secret Government

As director of the CIA, from 1952 until Kennedy fired him, Allen Dulles has been said to exemplify unbridled authority at the height of the Cold War. Under his leadership the CIA became a lawless force domestically and internationally that engaged, with impunity, in covert acts such as the assassination of foreign leaders including Patrice Lumubo in the Congo and Jacobo Arbenz in Guatemala and the over throw of a number of foreign governments.

As an attorney for the law firm Sullivan and Cromwell in the 1930s, Dulles protected and promoted Nazi-controlled cartels. He wielded his influence in the Office of Strategic Services during World War II and then in the CIA to shield former Nazis from prosecution for war crimes in the ’40s and ’50s. David Talbot writes in book The Devil’s Chessboard, ” over the final months of the JFK presidency, a clear consensus took shape within the American “deep state” Kennedy was a national security threat. For the good of the country he must be removed and Dulles was the only man with the stature, connections and decisive will to make something of this enormity happen. so he could enlist them to fight communists. In addition to assisting with the assassination of Congo leader Patrice Lumumba, he organized the Bay of Pigs invasion and tried repeatedly to murder Fidel Castro.

Guest – David Talbot, the author of the New York Times bestseller Brothers: The Hidden History of the Kennedy Years and the acclaimed national bestseller Season of the Witch: Enchantment, Terror, and Deliverance in the City of Love. He is the founder and former editor in chief of Salon, and was a senior editor at Mother Jones and the features editor at the San Francisco Examiner. He has written for The New Yorker, Rolling Stone, Time, The Guardian, and other major publications. Talbot lives in San Francisco, California.

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Palestinian Uprising And The Growing BDS Movement

This past October more than 49 Palestinians were shot dead by Israeli occupation forces while 500 others were injured by live ammunition and thousands more injured. As a mass popular rebellion, often attracting tens of thousands of Palestinians, asserts its right to self-determination and freedom, Israel has escalated a brutal response, especially in occupied East Jerusalem.

The Palestinian BDS National Committee, a diverse coalition of Palestinian unions and organizations which leads the global BDS movement, recently called for a wave of BDS solidarity with Palestinian popular resistance and to pressure governments, institutions and businesses to end support for Israel’s violations of international law. Tens of thousands of people across 100 cities took to the streets to show Israel that it will be held to account for its crimes against the Palestinians. Despite this, mainstream media coverage remains for the most part biased, echoing Israel’s propaganda.

Guest – Rebecca Vilkomerson, the Executive Director of Jewish Voice for Peace. JVP is a national grassroots organization rooted in Jewish tradition, human rights, and international law that works for a just peace, self-determination and full equality for all people of Palestine and Israel.

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Law and Disorder August 17, 2015


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Professor Steven Salaita Case Moves Forward In Federal Court: First Amendment and Due Process Violations Upheld

There was a major federal court victory in Illinois on the Professor Steven Salaita case last week. Federal judge Harry Daniel Leinenweber ruled that the university had failed in its attempt to get Salaita thrown out of court. He upheld Salaita’s allegations that his First Amendment rights were violated. He upheld Salaita’s allegations that his due process rights were violated. He upheld his allegations that he had a contract and he said this case has to proceed to discovery and I’m not going to throw it out at this point.  The judge took a very strong position with respect to both the contract and freedom of speech. It looks like the University of Illinois is on a losing path. The day after the decision came down, Chancellor Wise who was one of people responsible for firing Professor Steven Salaita, resigned from her job.

Guest – Maria LaHood, Deputy Legal Director at the Center for Constitutional Rights with expertise in constitutional rights and international human rights. She works to defend the constitutional rights of Palestinian human rights advocates in the United States in cases such as Davis v. Cox, defending Olympia Food Co-op board members for boycotting Israeli goods; Salaita v. Kennedy,representing Steven Salaita, who was terminated from a tenured position for tweets critical of Israel; and CCR v. DOD, seeking U.S. government records under the Freedom of Information Act (FOIA) regarding Israel’s 2010 attack on the flotilla to Gaza. She works closely with Palestine Legal to support students and others whose speech is being suppressed for their Palestine advocacy around the country.

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Lawyers You’ll Like: Professor Holly Maguigan

In our Lawyers You’ll Like series we’re joined by Professor Holly Maguigan, Professor of Clinical Law at the New York University School of Law, where she teaches Comparative Criminal Justice Clinic: Focus on Domestic Violence and Evidence. Professor Maguigan is an expert on the criminal trials of battered women. Her research and teaching is interdisciplinary. Professor Maguigan is a member of the Family Violence Prevention Fund’s National Advisory Committee on Cultural Considerations in Domestic Violence cases. She serves on the boards of directors of the National Clearinghouse for the Defense of Battered Women and the William Moses Kunstler Fund for Racial Justice. She is a past co-president of the Society of American Law Teachers, the largest membership organization of law professors in the U.S.

Professor Holly Maguigan:

  • I was doing medieval history and I was at Berkeley. It was 1967 and Oakland stopped the draft.
  • I got very interested in the anti-war politics.
  • I hated lawyers. I really hated lawyers. They were boring. They talked about themselves all the time. They only had stories about their cases and how great they were and they would never post bail when people got arrested.
  • The University of Pennsylvania in Philadelphia is where I stayed for 17 years.
  • First I started out as a public defender. I loved being a public defender, it was the beginning and end of everything I hoped it would be.
  • That’s where I met David Rudovsky and David Kairys. They were then defenders while I was a student.
  • After they went out on their own, they kept inviting me to join them. I kept putting it off because I loved being a defender so much.
  • In Philadelphia there was much more actual litigation, not just motion litigation there’s a lot of that here in New York City but actual trials.
  • You had a sense, there was an analysis that people were doing life on the installment plan and you needed to do what you could to kick them loose any particular time.
  • It was a community in its own odd way and I found it difficult to leave it.
  • I was doing major felonies within a couple of years.
  • David Kairys was very focused on constitutional litigation and government misconduct. He did the Camden 28 which was a big draft resistance case.
  • My interest was more into criminal defense.
  • Grand juries (all over the country) convened to investigate the alleged transportation of Patty Hearst by the SLA from California where she had been captured.
  • He was a killer. (Frank Rizzo) There was no question. More people died in police actions before or since.
  • I don’t mean to suggest that all the police started out as homocidal. This was a situation which from the top down came the message if you’re a good cop then you’re going to take people out however you think you need to.
  • I knew about race and class bias in the court room as much as a white woman who was middle class could know.
  • I was just blown away by what happens when you add hatred of women to hatred of black people and hatred of poor people.
  • Judges would go by me in the hall and say Maguigan, ahem, you didn’t give me anything this Christmas, not even one lousy bottle, you’re not getting any assignments.
  • Judges would do things, like open the drawer in their chambers, and there would be wads of bills, and they’d let you know.
  • I developed a specialty on women who kill men.
  • In the early eighties a group in Philadelphia called Women Against Abuse began working and they did advocacy for battered women accused of crime and meant a huge difference.
  • The battered women cases I was working on were quite consuming because people then didn’t know very much in how to try these cases.
  • The judges expected you to plead insanity or guilty. Reasonable doubt was a consideration at sentencing not at trial.
  • There were cases that did require teams. There was no question.
  • I wanted to be in court. I wanted to be in the presence of that conflict between the authorities and regular people.
  • I went to NYU where I taught in the criminal defense clinic for many years.
  • To see students react to the great stories their clients have is just amazing.
  • SALT (Society of American Law Teachers) is about who gets into law school, what they learn and who teaches them. It’s about access to justice. It’s about relating to law school as a place where you train people to do social justice.  SALT’s focus is on students and teaching.
  • Holly Maguigan to be honored by Society of American Law Teachers.

Guest – Professor Holly Maguigan teaches a criminal defense clinic and one in comparative criminal justice as well as a seminar in global public service lawyering and a course in evidence. She is an expert on the criminal trials of battered women. Her research and teaching are interdisciplinary. Of particular importance in her litigation and scholarship are the obstacles to fair trials experienced by people accused of crimes who are not part of the dominant culture. Professor Maguigan is a member of the Family Violence Prevention Fund’s National Advisory Committee on Cultural Considerations in Domestic Violence cases. She serves on the boards of directors of the National Clearinghouse for the Defense of Battered Women and the William Moses Kunstler Fund for Racial Justice. She is a past co-president of the Society of American Law Teachers, the largest membership organization of law professors in the U.S.

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