Law and Disorder Radio

Archive for the 'Supreme Court' Category


Law and Disorder July 10, 2017


Law and Disorder Outtakes: Disorderly Bloopers

We first began recording Law and Disorder in 2004, the same year the Republican National Convention—and large protests—were held in New York City. When we started, we had four hosts—Dalia Hashad and Michael Ratner along with Michael Smith and Heidi Boghosian.

After a few years, Dalia moved to California, leaving us with three hosts. In late spring 2016 we lost Michael Ratner to cancer. Now there are just two of us.

It is our special pleasure to share with listeners our first segment of The Disorderly Bloopers, behind-the-scenes audio outtakes from the first years we were on the air.

Law and Disorder was created during the George W. Bush administration to cover what we thought would be some of the darkest days in the nation’s history. As part of our special summer episode we thought these studio snippets might provide a few minutes of much-needed levity.

It’s important to take a few minutes to laugh at ourselves, and to look back at the hundreds of fun days that we here at Law and Disorder have had over the years.This has also been a trip down memory lane for Heidi and Michael as we hear hilarious interchanges with Dalia and Michael Ratner.

As we covered some of the most serious topics in the news, and amidst the enormous respect we had for all of our guests, the four of us wholeheartedly enjoyed a special relationship, along with our longstanding producer Geoff Brady. It’s a relationship that comes from working closely together and respecting each other as colleagues and friends.

—-

Hosts Read Some of the Best Courtroom Transcripts

Q: Doctor, before you performed the autopsy, did you check for a pulse?
A: No.
Q: Did you check for blood pressure?
A: No.
Q: Did you check for breathing?
A: No.
Q: So, then it is possible that the patient was alive when you began the autopsy?
A: No.
Q: How can you be so sure, Doctor?
A: Because his brain was sitting on my desk in a jar.
Q: But could the patient have still been alive nevertheless?
A: It is possible that he could have been alive and practicing law somewhere.

—-

 

The Relevant Lawyer: Reimagining the Future of the Legal Profession

Hosts alternate in reading part of a chapter on Attorney Charles Garry in the book The Relevant Lawyer: Reimagining the Future of the Legal Profession by Paul A. Haskins. Haskins is senior counsel in the American Bar Association Center for Professional Responsibility and lead counsel for the Standing Committee on Professionalism.

——————————————————-

 

Share

Law and Disorder July 3, 2017


 

Jeremy Corbyn Labour Party Victory

One of the bright and hopeful developments in world politics was the wide support that Jeremy Corbyn, the leader of the British Labor Party got in that country’s recent elections. Corbyn ran on an unabashedly left platform. His party recruited tens of thousands of young people before and after the election. Although the conservative Government of Prime Minister Teresa May is still in power this is not likely to last long. To speak with us today about these developments in Great Britain and their relevance to the United States where we saw a similar phenomenon with the rise of Bernie Sanders, is Colin Robinson.

Guest – Colin Robinson is from Liverpool England and he lives in New York City. He’s the publisher of OR Books. Colin Robinson worked as a senior editor at Scribner and was previously managing director of Verso Books and publisher of The New Press. Among the authors he has published are Tariq Ali, Noam Chomsky, Alexander Cockburn, Mike Davis, Norman Finkelstein, Eduardo Galeano, Eric Hobsbawm, Lewis Lapham, Mike Marqusee, Rigoberta Menchú, Matt Taibbi and Jann Wenner.

—-

Raymond Nat Turner

Poem: Low Regard

—-

 

SCOTUS on CCR CASE

Just a few weeks ago the Supreme Court reversed a federal appeals court ruling that former high-level Bush administration officials may be sued for their roles in the post-9/11 profiling and abuse of Muslim, Arab, and South Asian men.

After the 9/11 attacks, hundreds of non-citizens were rounded up solely on the basis of their race, religion, ethnicity, and immigration status. They were held in extremely restrictive confinement and physically and psychologically abused. The Court held that high-level government officials who implement and create clearly unconstitutional policies alleged to be based on national security are nonetheless shielded from liability.

However, the Court did allow plaintiffs the chance to prove their case against Warden Dennis Hasty, finding that complaint’s allegations, “plausibly show the warden’s deliberate indifference” to the abuse plaintiffs suffered while they were held at the MDC. The claims against the Warden will be sent back to the lower courts for an opportunity to show that prison administrators are not entitled to the same immunity given to high-level officials in this case.

Guest – Senior Managing Attorney Shane Kadilal from the Center for Constitutional Rights. His cases there include challenges to the indefinite detention of men at Guantánamo and domestic immigration sweeps. He has been counsel in major CCR cases challenging the material support statute, the low rate of African-American firefighter hiring in New York City, and the NSA’s warrantless surveillance program.

———————————————

Share

Law and Disorder June 19, 2017


Sex Trafficking Lawsuit Against Philadelphia Motel

Prosecutors have dubbed a Northeast Philadelphia motel the city’s “epicenter of human trafficking.” Recently, a lawsuit was brought against the Roosevelt Motel for the pimping of a teenage girl in one of its rooms for a period of two years. It’s the first lawsuit under a 2014 state law permitting victims of sex traffickers to sue hotels and motels where abuse occurs. The suit was filed on behalf of a 17-year-old girl known as M.B., who was sold into sexual slavery at the Northeast Philadelphia motel at age 14. The lawsuit alleges that she was prohibited from leaving and was forced to commit sex acts with approximately 1,000 men. The hotel is known by the District Attorney as the site of most trafficking investigation. The National Human Trafficking Hotline says that 7.5 thousand human trafficking cases were reported in 2016, including 151 in Pennsylvania and 193 in New Jersey. Almost three-quarters of those involve sex trafficking and nearly a third of sex-trafficking cases occurred in hotels and motels.

Guest – Attorney Nadeem Bezar of the law firm Kline & Specter in Philadelphia. His practice concentrates on medical negligence, catastrophic personal injury, and cases involving child abuse and human trafficking, sexual assault and Title IX violations on college and university campuses.

—-

 

Whistle-blower Protections: FBI Director James Comey

Nearly 20 million television viewers tuned in to hear former FBI Director James Comey testify before Congress on June 8, and explain that he recorded his conversations with President Trump because he did not trust him. Despite the Trump administration’s assertions to the contrary, most legal experts say that former FBI Director James Comey’s sharing the memos about his interactions with Donald Trump is perfectly legal. Several whistleblower attorneys are among those asserting that Comey’s handing over memos to a friend to be leaked to the press violated no laws. The information, they say, was neither classified nor secret as a matter of a federal law. And Comey revealed a matter of public interest and had a right to expose these facts anonymously.

Guest – Louis Clark, Executive Director and Chief Executive Officer of the Government Accountability Project in Washington, DC. The G.A.P. is the nation’s leading whistleblower protection and advocacy organization. It litigates whistleblower cases, helps expose wrongdoing to the public, and promotes government and corporate accountability. For four decades, GAP has assisted more than 6,000 whistleblowers.

—-

 

Politics, Influence And Journalism: Attorney Dave Saldana

For many, the word Watergate is synonymous with political corruption. The scandal was revealed when five burglars were caught by Washington police in the Democratic National Committee’s office on Jun 17, 1972, and ended with the resignation of President Nixon in 1974. Richard Nixon was the first American president who felt compelled to resign because of the severity of the situation. The role of the press was critical in the episode, beginning with the Washington Post’s front page reporting. At first, the role of the television—with the notable exception of CBS, was scant.

The credit of responsible reporting goes largely to Washington Post editor Katherine Graham, and the Co-editor, Ben Bradlee as well as reporters Woodward and Bernstein. They covered the story at great threat to their lives and their families. The president and his staff in the White House made every possible effort to resist and downgrade the true news stories of the reporters. The Nixon staff had threatened the journalists with verbal attacks. It also created the Washington Star to counter the Washington Post and anti-government reporting. Nixon also sought the help of Federal Communication Commission to ban two TV channels in Florida. The presidential administration had devised such plans that the government officials began to avoid meeting Woodward and Bernstein.

Guest – Attorney Dave Saldana is an award-winning journalist and attorney, and longtime member of the National Lawyers Guild.

——————————————————-

Share

Law and Disorder February 13, 2017


  • Updates: Oppressive Regimes Mask Misdeeds Under The Color Of Law

—-

Protection From Protecting the Nation from Foreign Terrorist Entry

Public backlash to Donald Trump’s executive order “Protecting the Nation from Foreign Terrorist Entry” has been fast and furious. The order’s stated policy is to protect the country from foreign nationals who intend to commit terrorist attacks in the United States. It directs the Secretary of State and the Director of National Intelligence to determine what information is needed from any country to decide if one of its nationals seeking admission is who he claims to be and does not pose a security or public-safety threat. It gives them 30 days to report the results of that determination with a list of countries that do not hand over adequate information.

The Executive Order imposes a 90-day suspension of immigrant and non-immigrant admission of aliens from countries designated in section 217 (1) (12) of the Immigration and Nationality Act, which excludes aliens who have been present in a specified country from participating in the Visa Waiver program.

Guest – Trina Realmuto, Litigation Director at the National Immigration Project. Trina’s work focuses on litigation before the federal courts on issues related to removal defense and government accountability. Previously, she wrote amicus briefs and practice advisories for the American Immigration Council. She also has worked abroad representing non-citizens applying for visas at U.S. embassies and consulates.

—-

By Source (WP:NFCC#4), Fair use, https://en.wikipedia.org/w/index.php?curid=52390444

Study : Social Media and Fake News in the 2016 Election

The 2016 presidential race was riddled with controversies, perhaps none more relentless than that of so-called “fake news.” A recent study reveals that fabricated news stories were viewed by only a small percentage of Americans and were likely not as influential in the election outcome as has been suggested.

This comes as Facebook and other social media sites have been criticized for permitting made-up stories to be shared on their platforms. Economists Hunt Allcott of New York University and Matthew Gentzkow of Stanford have released their findings in the report,”Social Media and Fake News in the 2016 Election.”

Guest – Hunt Allcott, Associate Professor of Economics at NYU and a Research Associate at the National Bureau of Economic Research. He is a Scientific Director of ideas42, a think tank that applies insights from psychology and economics to business and policy design problems, an Affiliate of Poverty Action Lab, a network of researchers who use randomized evaluations to answer critical policy questions in the fight against poverty, and a Faculty Affiliate of E2e, a group of economists, engineers, and behavioral scientists focused on evaluating and improving energy efficiency policy.

———————————————————

Share

Law and Disorder January 9, 2017


 

Wildlife Preservation And The Trump Administration

The protection of endangered species and wildlife trafficking have not traditionally been big ticket campaign issues for presidential candidates.  However, national security, the economy, trade and the environment are all impacted by wildlife preservation. Illegal wildlife trade–animal smuggling–is a multibillion-dollar business that is fueled on corruption and terrorism and that destabilizes developing countries.

Trafficking of rhinoceros horn, elephant ivory and other products is increasingly becoming organized crime. Despite recent headlines of animals being added to the endangers list, the Trump administration may change how the United States seeks to protect wildlife domestically and internationally. Animals protected by the U.S. Endangered Species Act, which could be weakened by the new president and a Republican-controlled Congress, may be increasingly imperiled.

Guest – Erika Mansourian, Executive Director of Elephant Family-USA, the American arm of the UK-based Elephant Family. Elephant Family’s mission is to save the Asian elephant—massive habitat loss has caused their numbers to plummet, and 90% of wild Asian elephants have been wiped out in the last century. Erika is also on the board of Veterinarians International and Tanzania’s PAMs Foundation, as well as the advisory board of the Humane Society of New York. She’s worked with Animal Defenders International and the David Sheldrick Wildlife Trust.

—-

Lawyers Committee for Nuclear Policy and the Trump Administration

What are the prospects for nuclear arms control with the Trump administration?  The United States is the only country to have used nuclear bombs. It dropped them on two Japanese cities, Hiroshima and several days later on Nagasaki in 1945, in order to intimidate the Russians at the end of World War II. Presently, the United States has 4500 nuclear warheads, 400 of them situated in intercontinental ballistic missiles  and placed on a hair trigger alert. The U.S. also has weapons placed on submarines and on aircraft. Obama has started a process by which one trillion dollars will be spent in the next decade on modernizing Americas nuclear capacity.

Guest – Attorney John Burroughs, Executive Director of the Lawyers Committee for Nuclear Policy. John Burroughs represents LCNP and IALANA in Nuclear Non-Proliferation Treaty review proceedings, the United Nations, and other international forums. Dr. Burroughs is contributor, Unspeakable suffering – the humanitarian impact of nuclear weapons (2013) (available here); contributor, Assuring Destruction Forever: Nuclear Weapon Modernization Around the World (2012) (available here); co-editor and contributor, Nuclear Disorder or Cooperative Security? U.S. Weapons of Terror, the Global Proliferation Crisis, and Paths to Peace (2007) (available here); co-editor and contributor, Rule of Power or Rule of Law? An Assessment of U.S. Policies and Actions Regarding Security-Related Treaties (2003); and author of The Legality of Threat or Use of Nuclear Weapons: A Guide to the Historic Opinion of the International Court of Justice (1998). He has additionally published articles and op-eds in journals and newspapers including the Bulletin of the Atomic Scientists, the World Policy Journal, and Newsday. Dr. Burroughs has taught international law as an adjunct professor at Rutgers Law School, Newark. He has a J.D. and Ph.D. from the University of California at Berkeley and a B.A. from Harvard University.

————————————————-

Share

Law and Disorder July 4, 2016


Updates:

—-

eu-logo 220px-Chris_hedges_blur

Economic and Political Fallout From British Exit

A domino effect has begun as banks and investment firms lose billions in the wake of Great Britain’s decision to leave the European Union. The value of the British pound has dropped more than 9 percent and global financial markets are in free fall. In a recent Truthdig article, 2008 All Over Again, by Chris Hedges, economist Michael Hudson blames the Brexit vote on Hillary Clinton and Barack Obama. He says this a response to the US war policy in the Middle East and Ukraine that destroyed Libya, and turned over weapons to al-Qaida. Those weapons ended up in their war in Syria. The mass exodus of refugees into Europe fueled nationalism and anti-immigrant sentiment. Meanwhile, countries such as France, Austria and the Netherlands are positioning to do the same as the UK. Many suspect the banks will again turn to governments for bail outs as they did in 2008. The question is: how will the American public respond to the effects of ever increasing inequality, destruction of the environment and trade deals that benefit the one percent?

Guest – Chris Hedges, author and journalist, who publishes weekly on Truthdig. He’s written 11 books, including New York Times best seller “Days of Destruction, Days of Revolt” (2012), which he co-authored with the cartoonist Joe Sacco. Other books include “Death of the Liberal Class” (2010), “Empire of Illusion: The End of Literacy and the Triumph of Spectacle” (2009), “I Don’t Believe in Atheists” (2008) and the best selling “American Fascists: The Christian Right and the War on America” (2008). He’s a former war correspondent, specializing in American and Middle Eastern politics and societies.

—-
if-an-agent-knocks-english_w316 margaret_ratner_kunstler

Lawyers You’ll Like – Attorney Margaret Kunstler

For our Lawyers You’ll Like series we’re joined today by civil rights attorney Margaret Kunstler. Throughout her career she has provided support and protected the rights of activists. She’s been a consultant to the Occupy Wall Street and Anonymous protesters. Her book Hell No: Your Right To Dissent in 21st Century America was co-authored with Michael Ratner and it remains a leading handbook for activists. Attorney Margaret Kunstler has advised Wikileaks, Bradley Manning supporters in connection with grand jury subpoenas.

Together with her late husband William Kunstler, the subject of the documentary Disturbing the Universe, Margaret worked on high profile cases including the Virgin Island Five, Attica and Wounded Knee. She is the founder of the William Moses Kunstler Fund for Racial Justice that works to combat racism in the criminal justice system. Margaret was a founding member of the National Lawyers Guild NYC Mass Defense Committee that provides legals observers at demonstrations and represents those arrrested. At the Center for Constitutional Rights, she worked as an attorney and educational director and authored the well known pamphlet “If An Agent Knocks.”
————————————————-
Share

Law and Disorder June 20, 2016


ms mr2 mr_memorial

¡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.

jake2 anaratner2

¡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

—————————————————————————–

Share

Law and Disorder December 7, 2015


RAPP-TAG soros_justice_fellows-2013-mujahid_farid

Release Aging People in Prison Campaign

Mujahid Farid spent 33 years in prison where he was a successful jailhouse lawyer. He is now involved with RAPP(Release Aging People in Prison, RAPPCampaign.com) and has been the organizer of much of the legal response to parole board intransigence. RAPP activists are pushing the parole board to apply the law regarding their hearings, using recognized standards to measure whether an applicant would be a risk to public safety if they were released, rather than their current practice of simply reciting “you have to stay in prison because of the nature of your crime.”

Guest – Laura Whitehorn is a former political prisoner and native New Yorker, who was active in supporting groups such as the Black Panther Party, the Black Liberation Movement and was active with Students for a Democratic Society and the Weather Underground. Laura worked to help expose the FBI’s Counter Intelligence programs.

Guest – Mujahid Farid co-founded the Prisoners AIDS Counseling and Education program and helped design prison-based sociology and theology courses that allowed others to earn college-credited in prison. He also earned four college degrees and other certifications while incarcerated, including his paralegal certificate, NYS Department of Labor Certificate in Human Development Counseling, and NYC Department of Health Certificate in HIV/AIDS Counseling.

—-

rnturner hqdefaultaA

Raymond Nat Turner : New York City Poet

Raymond Nat Turner is an acclaimed New York City poet whose words–both on the page and stage–are powerful, political and timely. Artistic Director of the JazzPoetry Ensemble UpSurge, Turner is a member of the National Writer’s Union’s New York Local Steering Committee who recently read at the Harriet Tubman Centennial Symposium.  He has appeared at numerous festivals and venues around the globe, from the Monterey Jazz Festival to Panafest in Ghana West Africa.

Guest – Raymond Nat Turner, currently Poet-in-Residence at Black Agenda Report, Turner has been the opening act for such people as James Baldwin, Cynthia McKinney, radical sportswriter Dave Zirin and Congresswoman Barbara Lee after her lone vote against attacking Afghanistan.

—-

policeshooting1 policeshooting33

Chicago Mayor Fires Police Superintendent After Massive Public Pressure

Attorney Flint Taylor co-founder of the People’s Law Office in Chicago gives a perspective on the Chicago police shooting of Laquan McDonald. As listeners may know the footage of this shooting was caught on tape and released 13 months later. Last week, Chicago mayor Rahm Emanuel announced that he asked for Chicago Police Superintendent Garry McCarthy’s resignation after massive public protests. The community protests also demanded the resignation of the mayor, the state’s attorney general and other leadership positions.

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

——————————————————————–

Share

Law and Disorder November 16, 2015


Updates:

  • University of Illinois Reaches Tentative Settlement With Professor Steven Salaita

—-

9781479815746_Full photo credit Rainbow flags outside the Supreme Court in 2013. Image: EPA/MICHAEL REYNOLDS

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.

—-

liz-fink_67 liz-white

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.

————————————————————-

 

 

Share

Law and Disorder August 31, 2015


Update:

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

—-

PoliceSpecPros_2 HB in Brooklyn park

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).

—-

61qC5aKZH6L ellenray2

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.

—-

whokilledche_ michaelsmith2

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.

—————————————————

Share
Home Page | Stations | Hosts | Listening Library | Contact | Funding Made Possible By The Puffin Foundation      © 2017 Law and Disorder

Powered by WordPress.
Website design by Canton Becker.
Header Photo: Jim Snapper
Entries (RSS) and Comments (RSS).