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Law and Disorder November 16, 2015


  • University of Illinois Reaches Tentative Settlement With Professor Steven Salaita


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Wedlocked: Law Professor Katherine Franke

While the movement for marriage equality by the LGBT rights community has been a leading civil rights issue of the 21st century, it’s not the first movement seeking the right to marry. Slaves who were freed in the 1860s also organized for, and ultimately won, the right to marry at the end of the Civil War. As Professor Katherine Franke argues in her new book, WEDLOCKED: The Perils of Marriage Equality: How African Americans and Gays Mistakenly Thought the Right to Marry Would Set Them Free, tying the definition of free and equal citizenship so intimately to the institution of marriage presents its own set of problems.

In Wedlocked, Professor Franke meticulously compares firsthand accounts of African Americans’ struggle for freedom and civil rights with lessons for today’s marriage equality movement. This association offers two lessons: first, be careful what you wish for, as the backlash against new rights holders may set back the larger cause for equality; and second, the two movements for marriage rights may help expose the differences between racism and homophobia.

Guest – Professor Katherine Franke is the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School, where she directs the Center for Gender and Sexuality Law. She is among the nation’s leading scholars in the area of feminism, sexuality and race.


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Remembering Attorney Liz Fink

Civil rights and criminal defense attorney Liz Fink was remembered last week at the Union Theological Seminary in New York City.  She was best remembered for the work she began as a young woman when prisoners rioted and took over a part of Attica Prison in 1971. Liz got involved when Senator Nelson Rockefeller, who was running for president and didn’t want anything unseemly to happen in his state, ordered the retaking of the Attica Prison. Forty-three people were killed including a number of prison guards.

Liz Fink was on the defense team for those charged with crimes and then she brought an offensive civil suit against Rockefeller and the other state and prison officials who were responsible for these murders. Three decades later the suit was settled for $12 million. Liz Fink was also a long time member of the National Lawyers Guild. We hear selected speeches from the event remembering Attorney Liz Fink.





Law and Disorder November 2, 2015

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Tapping In To The Flow: NSA Global Surveillance

We spoke with the director of the Library Freedom Project about a New Hampshire library standing its ground by using the TOR browser to protect the anonymity of its patrons from DHS surveillance. A victory yes, but also another stark reminder of what society now confronts while under a total surveillance state. Government spying technology has quietly built up its networks and invisible webs of surveillance. It’s mostly unseen, data passing through the air, cables behind walls, in the ground and underwater.  Trevor Paglen brings these images and concepts into the public consciousness in his recent exhibit at a New York City Chelsea gallery.

Guest – Trevor Paglen has photographed and written about drones, military black sites and satellites. He’s an artist, image maker, journalist and engineer. He holds a PhD in experimental geography and contributed research and cinematography to the Academy Award-winning film Citizen Four.


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National Lawyers Guild Convention 2015

Natasha Bannan is the president of the National Lawyers Guild, as well as a human rights lawyer and Associate Counsel at LatinoJustice PRLDEF. At that national civil rights organization she works with low-wage Latina immigrant workers, and on the domestic implementation of human rights norms. Previously, she worked in the International Women’s Human Rights Clinic at CUNY School of Law and at the Center for Reproductive Rights. While attending CUNY School of Law, she was Editor-in-Chief of the CUNY Law Review and a Fellow at the Center for Latino and Latina Rights and Equality.

Guest – Natasha Lycia Ora Bannan, president of the National Lawyers Guild has advocated before international and regional human rights bodies on issues including colonialism, sexual violence in armed conflict, reproductive rights violations and hate crimes.  She has written several articles and reports, specifically on gender and human rights. Natasha also co-chairs the National Lawyers Guild’s Subcommittee on Puerto Rico.




Law and Disorder October 19, 2015

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Puerto Rico: The Crisis Is About Colonialism, Not Debt

The commonwealth of Puerto Rico is in a social and financial crisis owing some 73 billion dollars to U.S. banks, hedge funds and vulture funds.  The people of Puerto Rico are extraordinarily impoverished particularly the children. Last August the government of Puerto Rico failed to make a 58 million dollar debt payment on what they call a moral obligation bond held by U.S. banks and corporations. The crisis reflects centuries long colonialism and in particular the last centuries of American policies toward Puerto Rico which favored American investments which were then taken out of the island.

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


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US Intel Vets Decry CIA’s Use of Torture

Former CIA leaders responsible for allowing torture to become part of the 21st Century landscape are seeking to rehabilitate their sullied reputations with the release of the book, Rebuttal: The CIA Responds to the Senate Intelligence Committee’s Study of Its Detention and Interrogation Program. They claim that the primary allegations against them stem from a partisan report issued by Democrats from the Senate Intelligence Committee.  In fact, the Senate Intelligence report on torture enjoyed bipartisan support. But if the public doesn’t carefully read the extensively footnoted Senate Intelligence Committee report it may be easy for many to believe that the CIA officers are victims of a political witch hunt. As well, these officers seem to rely on the erroneous fact that a segment of the population continue to believe that the practice of torture is effective is gleaning information important to national security.

Guest – Raymond L. McGovern retired CIA officer turned political activist. McGovern was a Federal employee under seven U.S. presidents in the past 27 years.  Ray’s opinion pieces have appeared in many leading newspapers here and abroad.  His website writings are posted first on, and are usually carried on other websites as well.  He has debated at the Oxford Forum and appeared on Charlie Rose, The Newshour, CNN, and numerous other TV & radio programs and documentaries. Ray has lectured to a wide variety of audiences here and abroad.   Ray studied theology and philosophy (as well as his major, Russian) at Fordham University, from which he holds two degrees.  He also holds a Certificate in Theological Studies from Georgetown University.



Law and Disorder October 12, 2015

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Uncivil Rites: Palestine and the Limits of Academic Freedom

Just before the start of the 2014 academic year, the board of trustees at the University of Illinois at Urbana-Champaign revoked a tenured professorship of renowned American Indian studies professor Steven Salaita. The abrupt termination of employment was in response to Salaita’s public tweets criticizing the Israeli government’s summer assault on Gaza. Enormous public outcry followed the scholar’s firing, with thousands petitioning for his reinstatement, and more than five thousand scholars pledging to boycott UIUC. The case raises significant questions about academic freedom, free speech on campus, and the growing movement for justice in Palestine.  In his new book Uncivil Rites, Salaita brings personal reflection and political critique to bear on his high-profile and controversial termination. He deftly positions his case at the intersection of important issues affecting higher education and social justice activism.

Guest – Steven Salaita holds the Edward W. Said Chair of American Studies at the American University of Beirut. The author of six other books, he is a columnist for Electronic Intifada and a member of the Organizing Committee of the US Campaign for the Academic and Cultural Boycott of Israel (USACBI).

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The Palestine Exception to Free Speech: A Movement Under Attack in the US

A new report, “The Palestine Exception to Free Speech: A Movement Under Attack in the US,” released by Palestine Legal and the Center for Constitutional Rights, documents for the first time the widespread and growing suppression of Palestinian human rights advocacy in the US. A companion video features students and scholars discussing the backlash they have experienced for engaging in Palestine advocacy.

Palestine Legal, a nonprofit organization dedicated to protecting the civil rights of people in the U.S., responded to nearly 300 incidents over an 18-month period. Eighty-five percent of the incidents—which included baseless legal complaints, administrative disciplinary actions, firings, harassment, and false accusations of terrorism and antisemitism—targeted students and scholars. Driven by a network of Israel advocacy organizations, these efforts target the movement for Palestinian rights in the U.S., which has grown significantly over the last decade.

The report includes case studies and testimony from advocates targeted for their speech. It outlines a notable increase in federal and state legislative efforts to condemn or restrict advocacy for Palestinian human rights, including legislation that conflates criticism of Israeli policy with antisemitism.

Guest – Dima Khalidi is the founder and Director of Palestine Legal and Cooperating Counsel with the Center for Constitutional Rights (CCR). Her work includes providing legal advice to activists, engaging in advocacy to protect their rights to speak out for Palestinian rights, and educating activists and the public about the repression of Palestine advocates. Dima has a JD from DePaul University College of Law with a concentration in International Law, an MA in Comparative Legal Studies from the University of London – School of Oriental and African Studies, and a BA in History and Near Eastern Studies from the University of Michigan.



Law and Disorder October 5, 2015

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New York City Councilors Issue Proclamation Honoring Ethel Rosenberg on her 100th Birthday

The Rosenberg atomic spy case of 1951 was one of the most famous political trials in American history.  Both Julius and Ethel Rosenberg were from New York and had been active in the American Communist Party.  When they were arrested in 1950  it was at the height of the hysteria during the infamous red hunting McCarthy decade.  In 1950 the Russians first tested their atomic bomb and United States initiated the Korean War to roll back the revolution there.  The effects the cold war and the execution of the Rosenbergs was devastating to the Left.  Ethel and Julius were electrocuted to death at Sing Sing prison two years later.  At the sentencing, federal judge Irving Kaufman said that the Rosenbergs were guilty of facilitating the death of some 50,000 American soldiers in the Korean War and President Eisenhower. Declining to grant clemency, he said they might be responsible for the death of tens of millions of people in an atomic war. The government tried to get Julius Rosenberg to confess and give names. A representative from the Attorney General’s office visited him at Sing Sing prison. Rosenberg said no. He said “We are the victims of a most monstrous frame up.”

Subsequent scholarship has shown that Ethel Rosenberg was totally innocent and that Julius Rosenberg was not an atomic bomb spy and that there was no secret to the atomic bomb, it was a question of industrial technique.

Now, 62 years, later Ethel Rosenberg was honored by the New York city Council on the steps of City Hall September 28 with a proclamation of her innocence. It would have been her one hundredth birthday. We hear audio excerpts from the press conference and from Michael Smith and Heidi Boghosian speaking with Robbie Meeropol,  Meriam Moscowitz and  Attorney Danny Myers.



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In a twist on the confidential informant genre, the new film (T)ERROR chronicles a Bureau investigation without the FBI knowing it’s being watched. Filmmakers David Felix Sutcliffe and Lyric Cabral follow ex-con Saeed “Shariff” Torres, who claims to have made hundreds of thousands of dollars a year befriending Muslim targets accused of pro-terrorism inclinations. Shariff alienated a Brooklyn community of Muslim friends by helping convict jazz bassist Tarik Shah just for talking about training members of Al Qaeda. In 2005 Shariff revealed to filmmaker Cabral that he was an FBI informant. He later agreed to let her and Sutcliffe film details of his work without the FBI’s knowledge.  The movie shows how Shariff was directed to befriend Khalifah Al-Akili, a white Muslim convert who has publicly made pro-terrorist statements. After Shariff and the FBI trying to get Khalifah to shift from words to deeds, he goes public with suspicions that the FBI has targeted him.

Guest – David Felix Sutcliffe, is a Sundance award winning documentary filmmaker. In 2013, he was included in Filmmaker Magazine’s annual list of “25 New Faces of Independent Film.” His first film, ADAMA (PBS, 2011), is an hour-long documentary that explores the story of a 16-year-old Muslim girl growing up in Harlem who was arrested by the FBI on suspicion of being a “potential suicide bomber.” (T)ERROR, co-directed with acclaimed photojournalist Lyric R. Cabral, is his feature-length documentary debut, and marks the first time that filmmakers have had access to an active FBI informant in a domestic counterterrorism investigation. (T)ERROR premiered at the 2015 Sundance Film Festival where it won a Special Jury Prize for Break Out First Feature.


Law and Disorder September 29, 2015


  • Hosts Remember People’s Lawyer Liz Fink


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The American Museum of Tort Law

After trial lawyers told him they had no place to display exhibits they had used in court, Ralph Nadar realized that there isn’t a single museum devoted to the law in the United States. That’s about to change. The consumer advocate is opening the American Museum of Tort Law in his hometown of Winsted, Connecticut to celebrate victories of the law over corporate power. The museum will span the history of tort law – civil law that seeks relief for people injured by wrongful acts of others – and host exhibits on significant cases such as the 1998 national settlement with tobacco companies. Nader said it may also host artifacts including a Chevrolet Corvair – the car featured in his 1965 book “Unsafe at Any Speed,” which made him a household name.

Guest – Ralph Nader, attorney, political activist, consumer advocate, presidential candidate and author who among many accomplishments is responsible for 8 major federal consumer protection laws and helped established the PIRGS – Public Interest Research Groups.


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The Library Freedom Project Protects Library From DHS Surveillance

With a population just above13,000 people,  the quaint town of Lebanon, New Hampshire is nestled not far from the Connecticut river in the northwest corner of the state – a few miles from Dartmouth College. In July, the local library set up a system to protect the privacy of patrons using its computers by installing Tor, the platform that routes users’ Internet traffic through various relay points, making warrantless surveillance of browsing habits and traffic more difficult.  The Kilton Library’s Tor relay node attracted the attention of the Department of Homeland Security, which contacted local officials and law enforcement, warning that Tor could aid criminal behavior. In response, the library intially took down the relay, but later changed its mind and reinstalled it.

Guest – Alison Macrina is a librarian, privacy rights activist, and the founder and director of the Library Freedom Project, an initiative which aims to make real the promise of intellectual freedom in libraries by teaching librarians and their local communities about surveillance threats, privacy rights and law, and privacy-protecting technology tools to help safeguard digital freedoms.



Law and Disorder September 21, 2015


  • Heidi Boghosian Reports Back On A Visit With Mumia Abu-Jamal
  • ACTION: Please call Secretary of Pennsylvania Corrections John E. Wetzel  717-728-2573
  • Also call John Kerestes Superintendent At SCI Mahanoy 570-773-2158


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Recent Victory In Washington State Outlawing Charter Schools

After nearly a year of deliberation, the Washington State Supreme Court recently ruled 6-3 that charter schools are unconstitutional. The ruling is believed to be one of the first of its kind in the country  and overturns the law voters narrowly approved in 2012 allowing publicly funded, but privately operated, schools. The parties have 20 days to ask the court for reconsideration before the ruling becomes final. In the ruling, Chief Justice Barbara Madsen wrote that charter schools aren’t so-called “common schools” because they’re governed by appointed, rather than elected, boards. Therefore, she wrote: “money that is dedicated to common schools is unconstitutionally diverted to charter schools.” The ruling represents a victory for the coalition that filed the suit in July 2013, asking a judge to declare the law unconstitutional for what they described as improperly diverting public-school funds to private organizations that are not subject to local voter control.  Lawyers from the Attorney General’s Office are reviewing the decision, as is the governor’s office.

Guest – Michelle Fein, author of “Charter Schools and the Corporate Makeover of Public Education: What’s at Stake?” Michelle Fein has a Master’s degree in Education with a specialty in interdisciplinary curriculum, social studies and science. She has taught for more than 15 years in private, charter and public schools and was the director of a local charter school for four years.


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Ending Long Term Solitary Confinement in California Prisons

After years of litigation by the Center for Constitutional Rights, hunger strikes and protracted debate, the state of California has finally agreed to move thousands of prison inmates out of solitary confinement. Last week a legal settlement between the state and a group of inmates held in isolation for a decade or more at Pelican Bay State Prison will end the use of solitary confinement to control prison gangs. Jules Lobel, the lead attorney and president of CCR, calls this a dramatic step forward.   Legal challenges to the states’ reliance on solitary confinement have been mounted since a panel of experts told the state corrections department that the high numbers of inmates in lengthy isolation did little to improve prison security.  The state has agreed to create small, high-security units that house inmates deemed most dangerous in a group setting where they are entitled to many of the same privileges as other prisoners: contact visits, phone calls and educational and rehabilitation programs. Inmates found guilty of specified offenses — including murder, attempted murder, drug trafficking, arson, and extortion — are confined in security housing at Corcoran State Prison.

Large isolation units such as the one at Pelican Bay were built in the 1980s in response to high rates of inmates and officers being killed. California has moved over 1,000 prisoners from solitary into general population in the last two years, with little problem.The majority of the several thousand gang-associated prisoners who have been either kept in isolation a decade or more, or have gone at least two years without a major rule violation, will move back to general population. The state prison guard union, which tried unsuccessfully to intervene in the case, says the state may return to the 70s and 80s environment where inmates and staff were killed at high rates. California once led the nation in the use of solitary confinement but Texas is no #1. California has some 6,400 inmates in isolation units, a number that shrank for two years as the state changed its criteria for behavior considered gang activity and began removing prisoners. California has segregation units at several prisons, but the largest and most notorious is at Pelican Bay, near the Oregon border. Inmates spend nearly 23 hours a day in windowless cells that face a concrete wall. Forensic psychiatrists testified on behalf of the inmates that such conditions cause psychological damage. The UN has called it torture.  Joining us to discuss this hard-won victory is Jules Lobel.

Guest – Attorney Jules Lobel, has litigated important issues regarding the application of international law in the U.S. courts. In the late 1980’s, he advised the Nicaraguan government on the development of its first democratic constitution, and has also advised the Burundi government on constitutional law issues.  Professor Lobel is editor of a text on civil rights litigation and of a collection of essays on the U.S. Constitution, A Less Than Perfect Union (Monthly Review Press, 1988). He is author of numerous articles on international law, foreign affairs, and the U.S. Constitution in publications including Yale Law Journal, Harvard International Law Journal, Cornell Law Review, and Virginia Law Review. He is a member of the American Society of International Law.



Law and Disorder September 14, 2015

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Remembering Richard X Clark

Civil rights activist and author Richard X. Clark was born on July 29, 1946 in New York City. He was raised in foster homes in the New York neighborhoods of Jamaica, Queens, and the Bronx. Clark graduated from DeWitt Clinton High School and enlisted in the United States Navy, where he served until 1968. In 1969, Clark was arrested on charges of attempted robbery and was sentenced to four years in prison. From 1969 to 1972, he served time at multiple state prisons including Sing Sing Correctional Facility, Elmira Correctional Facility, Auburn Correctional Facility, Wallkill Correctional Facility, and the Attica Correctional Facility in Attica, New York. Appalled by prison conditions at Attica, Clark became a Muslim minister and became active in black Muslim political groups. In September of 1971, he was one of the leaders of the Attica Prison riot, which took the lives of forty-three men. During the riot, Clark was head of the inmates’ internal security and served as a liaison between the inmates of D-yard and the authorities.

After his release in 1972, Clark moved to Greensboro, North Carolina and authored the book, The Brothers of Attica, which was published in 1973. Twenty years later, Clark relocated to New York City and became a case manager for Phase Piggy Bank, a Harlem-based organization that provides drug and alcohol rehabilitation.

Guest – Attorney Daniel Alterman has been practicing law for over forty years.  He was admitted to the New York Bar in 1969, the U.S. Supreme Court, the U.S. Court of Appeals for the Second Circuit, the U.S. District Courts of the Southern and Eastern Districts of New York.  Since 1971, Mr. Alterman has been a member of the Board of Cooperative Attorneys of the Center for Constitutional Rights.  Among his proudest achievements are working for the prisoners at Attica in 1971, and representing black editors and reporters who successfully sued the New York Daily News in 1987.


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Coddling Of The American Mind: Attorney Greg Lukianoff

Coddling of the American Mind is the title of an article in the recent Atlantic Magazine by attorney Greg Lukianoff and Jonathan Haidt. It examines a particular movement arising that’s been described as “undirected” and driven largely by students that essentially scrubs campuses clean of words, ideas, and subjects that might cause discomfort or give offense. Law and Disorder hosts also take a look at the legal cases being brought by students.

Guest – Greg Lukianoff, President and CEO of FIRE, The Foundation for Individual Rights in Education. He’s the author of Unlearning Liberty: Campus Censorship and the End of American Debate  and Freedom From Speech  and has published articles in The Wall Street Journal, The Washington Post, The New York Times, The Los Angeles Times, TIME, The Boston Globe, Forbes, the New York Post, U.S. News & World Report, The Stanford Technology Law Review, The Chronicle of Higher Education, Reason, CNET, The Daily Caller, Congressional Quarterly, The Charleston Law Review, and numerous other publications. He is a blogger for The Huffington Post and


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Detroit Shuts Water Off To 53 Thousand Residents In Move To Privatization

It has to be one of the country’s worst humanitarian and public health crisis. In Detroit, an estimated 53,000-plus thousand residential customers of Detroit Water and Sewer have had their water shut off without notice from the City. It is unknown precisely how many of Detroit’s children, elderly, disabled people, or other at risk persons are living without water. That’s because no state or local government has made a comprehensive count and assessment of everyone who has been affected.

High bills in the city were often the product of irresponsible behavior by landlords as well as leaky, aging water infrastructure. Water and sewage rates have increased nearly 9% in 2014 and were scheduled to increase nearly 17% in 2015. The city, recovering from enormous debt, has responded with “payment plans” and other measures to address the problem. None have worked. In July 2014 a civil lawsuit was filed pro bono on behalf of 10 families whose water was shut off. The lead plaintiff in Lyda v. City of Detroit, had her water shut off after her landlord didn’t pay the water bill. She sent her four children to live with relatives because lack of water makes a home uninhabitable under Detroit ordinances. She feared that protective services would take children away because state law gives agencies the right to remove children living in uninhabitable homes.

Guest – Attorney Alice Jennings is a founder of the firm Edwards & Jennings, P.C., specializing in civil rights and employment law, where she has been a partner since 1981. Formerly, she worked as an associate attorney and partner at the firm Philo, Atkinson, Darling, Steinberg, Harper & Edwards, P.C., specializing in workers’ compensation and personal injury. She is a current member and former chairperson of the State Bar of Michigan, serving on the Civil Liberties Committee from 1994-1995. In 2015, Alice was the honoree at the National Lawyers Guild Detroit and Michigan Chapter’s annual event.



Law and Disorder September 7, 2015

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Securing The Iran Nuclear Deal

Phyllis Bennis joins us today to talk about the Iran Nuclear Deal. We get her perspective on this topic in the context of a broader geopolitical front including ongoing wars, the increased US funding of Israel and challenges to Iran from Saudi Arabia.

Guest – Phyllis Bennis, directs the New Internationalism Project at IPS. She is also a fellow of the Transnational Institute in Amsterdam. She has been a writer, analyst, and activist on Middle East and UN issues for many years. In 2001 she helped found and remains on the steering committee of the U.S. Campaign to End Israeli Occupation. She works closely with the United for Peace and Justice anti-war coalition, co-chairs the UN-based International Coordinating Network on Palestine, and since 2002 has played an active role in the growing global peace movement. She continues to serve as an adviser to several top UN officials on Middle East and UN democratization issues.


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Lawyers You’ll Like: Attorney Bill Schapp

Attorney William Schaap graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

Attorney William Schapp:

  • One of first cases at this big Wall Street firm, they had some outside counsel working on it, one of whom was David Lubel, and Dave Lubel who had I think been a recruiter for the Communist Party in his youth, was always good at spotting somebody who was always worth recruiting and he started to tell me there was this convention of this lawyers group.
  • It was this 1967 Lawyers Guild Convention in New York. He dragged me to one event, I met Bill Kunstler, I met Arthur Kinoy, I met Victor Rabbinowitz. I’d been on Wall Street for a year or two, I said I didn’t know there were lawyers like this.
  • I joined the same day and met Bernadine Dorhn and a few weeks she called me and said we need your help.
  • She said you gotta defend a bunch of Columbia students. The next thing I knew the riot started at Columbia and she said you have to go down there and defend them.
  • I signed up to be staff counsel on the National Lawyers Guild Military Law Project in Okinawa, Japan.
  • When you work overseas in that kind of a climate with the military you learn a lot fast about American imperialism.
  • Once you learn that, you learn about the CIA.
  • That led us to originally working on Counter Spy magazine and then on Covert Action Magazine.
  • The original purpose was to expose the CIA. We worked with Lou Wolf who is an expert in uncovering CIA agents in US embassies, not through any classified documents but because if you knew how to read the paperwork and State Department things, you could tell who are the “ringers.”
  • We were so successful that Congress passed a law against us.
  • Our goal was to make these people ineffective because the only way most CIA could work, particularly the ones that were assigned to an embassy was to have to pretend to be something else.
  • They were all third assistant political secretaries and those were all phony things. Their job was to finagle their way into various community organizations in whatever foreign capital they were posted to recruit people to turn against their own countries and become traitors to their own countries, to become spies for the U.S.
  • We thought if we identified these people, it might make their job a little bit harder, which it did.
  • Of course, the problem with that is the government said we were trying to get them killed which we weren’t trying to do and nobody we did expose ever did get killed.
  • He (Philip Agee) had been an adviser to Counter Spy. Counter Spy folded when Welch got killed, cause the pressure was too much and started Covert Action Quarterly.
  • He was not the person discovering who the under cover people were, Lou Wolf was doing that.
  • Phil wrote articles for us in every issue and we worked very closely with him.
  • Once you start exposing these things, they really don’t have any defense.
  • They tried to catch us in something phony. We would get tips that would turn out to be CIA trying to get us to print some story that wasn’t true so they could then discredit us.
  • We had more interference from the government when we were doing military law work, before Covert Action Quarterly.
  • They would plant bugs in our attic in Okinawa, things like that.
  • The Intelligence Identity Protection Act has 2 parts. One makes it a crime for someone in the government who has classified information to reveal someone’s identity. The second part makes it a crime to reveal the identity of someone you did not learn from classified information or you position. (But if you were in the business of exposing these people . . .)
  • Regarding his newsletter The Lies of Our Times – It was in the 90s, from 1990 to 1995 I think. To a certain extent, the abuses we were crying about got a little bit less over time because that’s sometimes the helpful result of that kind of exposure.
  • We were just tired of people thinking that if it was in the New York Times it must be true.
  • The fact is that those people lie all the time.
  • I think we’ve gotten to a point where people recognize that the government lies to them and that there’s an awful lot that goes on that they don’t know.

Guest – Attorney William Schapp graduated from the University of Chicago Law School in 1964 and has been a practicing lawyer since. Bill specialized in military law and practiced in Asia and Europe. He later became the editor in chief of the Military Law Reporter in Washington for a number of years. In the 70’s and 80’s he was a staff counsel of the Center for Constitutional Rights in New York City. In the late 80s, he was an adjunct professor at John J. College of Criminal Justice of the City University of New York where he taught courses on propaganda and disinformation.

In addition to being a practicing lawyer, Bill was a journalist, publisher and a writer specializing in intelligence as it relates to media. He was the co-publisher of a magazine called the Covert Action Quarterly for more than 20 years. He also published a magazine on propaganda and disinformation titled Lies Of Our Times. Attorney Bill Schapp has written numerous articles and edited many books on the topic of media and intelligence.



Law and Disorder August 31, 2015


  • Remembering Julian Bond, Social Activist, Civil Rights Leader, Politician, Professor and Author.


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Heidi Boghosian: Prevent Police Killings Before They Happen

America has awakened in the past year to the epidemic of police killings of unarmed civilians, many of whom are African-American. The list of names grows longer by the week — Eric Garner, Michael Brown, Tamir Rice, Freddie Gray, Rekia Boyd, John Crawford and Sandra Bland to name several recently. Each time one of these criminal acts is committed, a cry goes up to prosecute the police officer responsible and bring justice to the victim. Read More.

Attorney Heidi Boghosian is the executive director of the A.J. Muste Memorial Institute, a nonprofit charitable foundation providing support to the nonviolent movement for social change. Before that she was executive director of the National Lawyers Guild. She is author of the book “Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance” (City Lights, 2013).


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Ellen Ray: Co-Publisher of Covert Action Information Bulletin

Last week family and friends gathered at St Marks In The Bowery Church to remember documentary filmmaker, publisher, journalist and activist Ellen Ray.  Ellen Ray was co-publisher of the magazine Covert Action Information Bulletin, which exposed CIA covert actions around the world, publishing the names of hundreds of CIA agents. As a result, the law changed (The Intelligence Identities Protection Act of 1982)  making it illegal. As head of Sheridan Square Press, Ellen Ray published the memoir of New Orleans District Attorney Jim Garrison, which became the basis of Oliver Stone’s film, “JFK.” Ray is survived by her husband, attorney Bill Schaap, she was 75. Text of the speech by Michael Smith. Here is the video produced Joe Friendly.


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Different Ways to Skin a Cat: From the US Assassination of Che to Obama’s Recognition of Cuba

We hear a speech delivered by our own Michael Smith at Socialism Conference in Chicago titled Different Ways to Skin a Cat: From the US Assassination of Che to Obama’s Recognition of Cuba. The highpoint of U.S. counter-revolutionary policy towards Latin America came with its murder of Che Guevara, in Bolivia and the overthrow of governments including Allende’s in Chile, thus isolating Cuba throughout Latin America. Now the U.S. is isolated and the American government has had to change its tactics. The strategy of overthrowing the gains of the Cuban revolution and capitalist restoration remain.


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