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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 June 6, 2016


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Lawyers You’ll Like : Attorney Jim Lafferty

Periodically we feature a segment on Law and Disorder called Lawyers You’ll Like. Our guest today is attorney Jim Lafferty.  Jim has been a lawyer and movement activist in Detroit, New York City, and Los Angeles since the 1960s when he served as executive director of the National Lawyers Guild and carried out civil rights work in the deep South. He was one of the national leaders of the anti-war movement during the Vietnam War.  He also headed up the very successful National Lawyers Guild chapter in Los Angeles for 25 years.

Guest – Jim Lafferty, Executive director of the National Lawyers Guild in Los Angeles and host of The Lawyers Guild Show on Pacifica’s KPFK 90. 7 FM.

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American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes

World War II started on September 1, 1939 when fascist Germany attacked its neighbor Czechoslovakia.  By the end of the war six years later some 80 million people had died and the continent lay devastated. The first trials of 22 Nazi leaders, general’s and bankers wer organized by the victorious allies, America, Britain, Russia, France and took place in Nuremberg Germany.  19 were found guilty and executed.  Robert H Jackson, Associate Justice of the US Supreme Court and Chief Prosecutor for United States and Nuremberg wrote then that “we must not forget that the record on which we judge the defendants today is a record in which we will be judged tomorrow.” A recent article –  Crimes of the War on Terror Should George Bush, Dick Cheney, and Others Be Jailed? 

Intentional war is the greatest of all crimes because it contains with it all the rest of horrible crimes. The United States of America’s intentional war against Iraq, which was motivated to the public with lies about weapons of mass destruction, and which has since spread to six other countries in the Middle East, has resulted in over 1 million deaths, driven millions more from their homes, and destroyed ancient peoples and their cultures.

The United States helped establish the international principles that guided the prosecution of war crimes when Nazi officials were held accountable for their crimes against humanity. But the American government and its legal system have consistently refused to apply the same principles to our own officials. In her book American Nuremberg, Rebecca Gordon indicts the officials who, in a just society, whould be put on trial for war crimes and crimes against humanity.  She acknowledges that the U.S. government is unlikely to do this and proposes an alternative based on the Russell Tribunals held in 1967 exposing American criminality in the war against Vietnam.

Guest – Rebecca Gordon received her B.A. from Reed College and her M.Div. and Ph.D. in Ethics and Social Theory from Graduate Theological Union. She teaches in the Philosophy department at the University of San Francisco and for the university’s Leo T. McCarthy Center for Public Service and the Common Good. Previous publications include Letters From Nicaragua and Cruel and Usual: How Welfare “Reform” Punishes Poor People . Prior to her academic career, Gordon spent a few decades working in a variety of national and international movements for peace and justice. These include the movements for women’s liberation and LGBT rights; movements in solidarity with the struggles of poor people in Central America; the anti-apartheid movement in the United States and South Africa; and movements opposing U.S. wars in Iraq and Afghanistan.

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Law and Disorder May 30, 2016


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Remembering Michael Ratner

Hosts Heidi Boghosian and Michael Smith remember Michael Ratner as cohost, activist, radical attorney, author and close friend. In this show, hosts reflect on Michael’s work and listen back to several monologue updates. They include his work as co-counsel for Wikileaks founder Julian Assange, the Dahiya Doctrine, SNAP- Survivors Network of those Abused by Priests, NSA survelliance in the Bahamas and Guantanamo Bay prisoner exchange.

Michael Ratner (1943-2016) was president emeritus of the Center for Constitutional Rights and author of Guantanamo: What the World Should Know. Michael worked for decades, as a crusader for human rights both at home and abroad litigating many cases against international human rights violators resulting in millions of dollars in judgments for abuse victims and expanding the possibilities of international law. He acted as a principal counsel in the successful suit to close the camp for HIV-positive Haitian refugees on Guantanamo Base, Cuba. Michael Ratner has litigated a dozen cases challenging a President’s authority to go to war, without congressional approval. In the wake of the September 11 attacks, the Center has focused its efforts on the constitutionality of indefinite detention and the restrictions on civil liberties as defined by the unfolding terms of a permanent war. Among his many honors were: Trial Lawyer of the Year from the Trial lawyers for Public Justice, The Columbia Law School Public Interest Law Foundation Award, and the North Star Community Frederick Douglass Award.

 

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Law and Disorder May 2, 2016


Updates:

  • Co-hosts Heidi Boghosian and Michael Smith Discuss Raza v. City of New York and Handschu v. Special Services Division Settlements.
  • Renaming Law School After Supreme Court Justice Antonin Scalia

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Miko Peled: The General’s Son, Journey of an Israeli in Palestine – Second Edition

Miko Peled comes from a distinguished Zionist family.  His grandfather signed in 1948 the Israeli declaration of independence. His father General Matti Peled, was a hero in Israel’s victorious 1967 war against 3 of it’s Arab neighbors. Miko Peled wrote the book “The General’s Son, Journey of an Israeli in Palestine” in 2012. It is an account of his family history and his own personal political and moral evolution. He served in the Israeli Air Force. His sister’s young daughter was killed by a Palestinian in a terrorist attack. His book is considered so important that it has been republished in a new updated second edition. Peled moved from Israel and now lives in San Diego. He believes the only just solution in Israel – Palestine is for the creation of a bi-national state with equal rights for the Palestinian people.  He is in New York on tour to promote the second edition of this book.

Guest – Miko Peled is an Israeli writer and activist living in the US. He was born and raised in Jerusalem. His father was the late Israeli General Matti Peled. Driven by a personal family tragedy to explore Palestine, its people and their narrative. He has written a book about his journey from the sphere of the privileged Israeli to that of the oppressed Palestinians. Peled speaks nationally and internationally on the issue of Palestine. He supports the creation of a single democratic state in all of Palestine, and a firm supporter of BDS

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Racism Within Chicago’s Police Department

Chicago Attorney Flint Taylor is a founding partner in the People’s Law Office. He’s been engaged in police abuse litigation since the 1960s when he and his partner Jeff Haas represented the Fred Hampton family after Chairman Hampton, the head of the Black Panther Party was assassinated by the Chicago Police and the FBI. Flint then for 30 years represented the victims of the Jon Burge torture machine. Burge, through the use of torture got false confessions from more than 100 African American men, sending them to prison. Recently, under court order a video was released showing the execution by the Chicago Police of a young black man named Shaquan McDonald. In the wake of the release of the video, Chicago Mayor Rahm Emanuel was forced to fire his police chief and appoint a commission to investigate the lack of accountability and widespread racism in the Chicago Police Department.

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.

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Law and Disorder April 18, 2016


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Dallas 6 Trial: No Conviction, Ends In Mistrial

In April of 2014 we spoke with Chandre Delaney, an activist and the mother of Carrington Keys, one of the Dallas 6. The Dallas 6 are a group of inmates who in April 2010 protested the ongoing abuse from prison guards while locked in solitary confinement known as the Restrictive Housing Unit at SCI Dallas prison in Pennsylvannia. Abuse included tasering genitals, being hog tied, cutting off clothes and leaving inmates in cages for hours. The inmates protested by placing bedding over the window of their cell doors to attract attention of the prison administrators. Instead of receiving assistance, the inmates were brought up on riot charges.

The Dallas 6 are Andre Jacobs, Anthony Kelly, Anthony Locke, Dwayne Peters, Derek Stanley and Carrington Keys and were forced to stay in solitary confinement for up to 10 years.They presented testimony in December of 2013 describing the details of their abuse in solitary confinement. The trial for the remaining 3 of the Dallas 6 ended in a mistrial.

Guest – Attorney Michael Wiseman who is representing Dwayne Peters of the Dallas 6. Michael is a criminal defense litigator focusing on criminal and capital defense at trial, on appeal and in post conviction proceedings in state and federal court.

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21 States Introduce Anti-BDS Legislation

Israel advocacy groups and state law makers who support them have introduced anti-BDS legislation in New York California Florida and 19 other states across the United States of America, including the US Congress.

BDS – boycott , divestment, and sanction – is a peaceful tactic to pressure Israel to comply with international law and to influence public opinion and policy in the U.S. in favor of respecting the human rights of Palestinians.

The demands of the BDS movement are : Israels’ withdrawal from the territories of the West Bank which they have occupied since 1967 and the right of Palestinians expelled by the Israelis in 1948 and 1967 to return to their homes and equal rights for Palestinians who are citizens of Israel.

Support for BDS is now more widely rooted and impactful than ever before.  Israel and its supporters in the USA are failing to slow down their gradually intensified isolation.
As a result we are seeing well-funded campaigns to silence Israel’s critics.  Journalist Glenn Greenwald has called this “the greatest threat to free speech in the west.”

Guest – Attorney Rahul Saksena with Palestine legal, a group formed by the Center for Constitutional Rights and the National Lawyers Guild to defend the civil rights and civil liberties of critics of the Israeli occupation of Palestine.
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Humanitarian and Economic Crisis in Puerto Rico

There is a humanitarian and economic crisis in Puerto Rico. Puerto Rico has been a colony of the United States since it was invaded in 1898. Puerto Ricans are unable to vote for president or Congress, enter into trade agreements, control their own borders, issue tariffs, or, unlike any other state or city or corporation, they are unable to take advantage of a bankruptcy laws to restructure their debt. There are 3 million people living in Puerto Rico and their government owes $72 billion in bonds bought up by American citizens and corporations. For the last seven years there’s been a fire sale of Puerto Rican assets, including the sale to private interests of the largest airport on the island and the largest highway. Forty percent of the population are unemployed. Three weeks ago Puerto Rican governor Alejandro Padilla signed into law an emergency bill that would allow him to suspend the counties debt repayment. $422 million is due on May 1, 2016.

Guest – Attorney Linda Backiel – long-term National Lawyers Guild member. Linda practices law in San Juan, Puerto Rico.
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Law and Disorder April 11, 2016


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From #BlackLivesMatter to Black Liberation

Cornel West calls it the best analysis we have of the Black Lives Matter moment of the long struggle for freedom in America. Keeanga-Yamahtta Taylor’s new book, “From #BlackLivesMatter to Black Liberation,” explores how a new generation of Black radicals–in challenging abusive policing practices, over-imprisonment of Black persons, deeply ingrained stereotypes of African Americans as especially dangerous and devoid of humanity, along with other forms of racist state oppression–is carrying on the fight for Black liberation through renewed activist uprisings. Combining historical accounts with insightful analysis, she demonstrates the interconnection between institutional racism and class oppression, reminding us how inequality and racialized state violence are byproducts of capitalism.

Guest – Keeanga-Yamahtta Taylor is assistant professor in the department of African American Studies at Princeton University. She writes on Black politics, social movements and racial inequality in the United States.
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Black Movement-Law Project

Several attorneys and legal activists involved in Ferguson, Baltimore and Cleveland protests have formed the Black Movement-Law Project. The Project provides legal support to local communities across the nation as they take to the streets to protest police misconduct, and systemic racism.

Their approach to community activism is itself community based: they offer legal and technical assistance based on the premise that local mass movements frequently lack legal expertise. They help arrange rapid responses to support activists on the ground by providing legal observers, know your rights trainings, and jail support. Their national network of human and civil rights attorneys offer assistance to local communities in the form of legal representation and long-term impact litigation.

Guests -Black Movement-Law Project co-founder Abi Hassen. Abi Hassen is an attorney, consultant and cofounder of the Black Movement-Law Project. He was formerly the mass defense coordinator at the National Lawyers Guild. He has a J.D. from New York University School of Law, and an undergraduate degree in computer science from The Evergreen State College. With his extensive background in labor, political and community organizing, Abi has been active at the intersection of law, technology and organizing for social justice for over a decade.

Guest – Black Movement-Law Project co-founder Nathan (Nash) Sheard, is a legal activist and organizer with the BMLP.

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Law and Disorder March 28, 2016


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Seeds Of Fascism In The United States

There has been much discussion in liberal and left circles about whether Donald Trump is a fascist and whether the country is in danger of becoming fascist. It is pointed out the Trump is a demagogue, lies, is for violence, is a racist against Muslims and Mexicans, and is misogynist with respect to women. He is for bringing back torture and and increasing American aggression in Syria.

Guest – Professor Paul LeBlanc, a professor of history at the La Roche College in Pittsburgh and has written and participated in the US labor, radical, and civil rights movement. Professor LeBlanc is the author of books on the European revolutionaries Lenin, Trotsky, and Rosa Luxembourg. With respect to America, he wrote “a short history of the US working class.” And co-authored with economist Michael Yates the highly acclaimed “freedom budget for all Americans: recapturing the promise of the civil rights movement in the struggle for economic justice today.”

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United States, Cuba Relations 2016

The Cuban revolution of 1959 was not just a political revolution. It was a social revolution. The 99% took over the resources of their own country and the 1% fled to Miami.  In response United States began a blockade of Cuba in 1960. A memo written by a senior State Department official laid out American policy. It advocated “a line of action that makes the greatest inroads into denying money and supplies to Cuba, to decrease monetary and real wages, to bring about hunger, desperation and the overthrow of the Castro government. ”

Last year United States reestablished diplomatic relations with Cuba and last week Obama said in Havana that “I affirm that Cuba’s destiny will not be decided by the United States or any other nation.  We talk about the US relations with Cuba and President Obama’s recent visit with Walter Lippman.

Guest – Walter Lippmann, editor of the Cuba News Yahoo News Group.

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8th Annual Brookyn Folk Festival

Co-hosts Michael Smith and Heidi Boghosian are joined by Eli Smith to talk about the upcoming Brooklyn Folk Festival. Eli is a banjo player, writer, researcher and promoter of folk music. He’s a Smithsonian Folkways recording artist and produces two folk festivals annually, the Brooklyn Folk Festival in the Spring and Washington Square Park Folk Festival in the Fall.

 

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Law and Disorder March 7, 2016


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Law and Disorder hosts Heidi Boghosian and Michael Smith remember New York City Attorney and publisher Bill Schaap.

Bill Schaap died in his home on February 25th after a long illness. He was 75.  After graduating from the University of Chicago Law school in 1964 Schaap worked for the Center for Constitutional Rights on its project in Japan representing antiwar GIs during the Vietnam war. For 20 years he and his companion the late Ellen Ray lived in Washington DC and published and wrote for the magazine “Covert Action Quarterly” which exposed the crimes of the CIA.  In its early years they named CIA agents, until a naming names act was passed by Congress making the exposure of agents a crime. In the early 80s they moved to New York City and founded Sheridan Square Press. They published books about the CIA by former CIA agents.  Most prominently they published New Orleans district attorney Jim Garrison’s book “On the Trail of the Assassins” showing CIA involvement in the Kennedy assassination. The book became a New York Times bestseller and was the basis for the Oliver Stone movie “JFK”.  In the early 90s they founded the Institute For Media Analysis and began publishing the magazine “Lies of Our Times”, a magazine of media criticism. Bill Schaap was a recognized expert in government propaganda and wrote and spoke widely and frequently on the topic.

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Lawyers You’ll Like: Attorney Bill Schaap

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 Schaap:

  • 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 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.

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.

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Clinton Administration Sets Back African-Americans

A recent article by our next guest documents the Clintons shared responsibility for the disastrous policies of mass incarceration and the subsequent war on drugs. A topic Hillary Clinton has been confonted with by Black Lives Matter activists while on the campaign trail. The recently published article in Republic Magazine is titled “The Clinton’s War On Drugs: When Black Lives Didn’t Matter” by Professor Donna Murch.

Guest – Donna Murch, Professor of History at Rutgers University and author of Living In The City: Migration, Eduation and the Rise of the Black Panther Party. She also contributed an article to the forthcoming verso press book “False Choice: The Faux Feminism of Hillary Clinton.

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Law and Disorder February 29, 2016


Update:

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Black Women, LGBT And Police Abuse

Attorney Andrea Ritchie has dedicated the past two decades to challenging abusive and discriminatory policing against women, girls, and lesbian, gay, bisexual, and transgender people of color. An accomplished litigator, she is a highly-respected commentator –and recent Soros Fellow– on policy reforms and litigation strategies addressing the ways in which discriminatory policing impacts women of color.

Guest – Andrea Ritchie is the co-author of Queer (In)Justice: The Criminalization of LGBT People in the United States (published in 2011) and Caught in the Net, a report on women and the so-called war on drugs. She works closely with a range of local and national organizations, including Streetwise & Safe, an organization focused on policing of LGBT youth of color, and is a member of INCITE! She is also involved in #SayHerName, a gender-inclusive racial justice movement that campaigns against police brutality and anti-Black violence against black women. It aims to highlight the gender-specific ways in which police brutality and anti-Black violence disproportionately affect black women, especially black queer women and black trans women. Andrea’s Website.

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Milbank Changes Course on $1M Harvard Law School Gift after Pro-Palestine Event

Today we explore a controversy that has erupted at Harvard Law School when a prominent law firm, Milbank Tweed, discontinued a $1million grant it had given to the school after it learned that its donation helped pay for a panel on Palestine.  We’ll talk to the Harvard Law Student who organized the event, who will explain how students on campuses across the country have been met with fierce efforts to suppress discussion of Palestinian rights.

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Law and Disorder February 22, 2016


Updates:

Co-hosts Heidi Boghosian And Katherine Franke Discuss Past Decisions By The Late Supreme Court Justice Antonin Scalia.

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An Evening of Solidarity: PAROLE FOR THE MOVE 9

We hear select presentations from the many speakers and performances at the Parole For The Move 9 event. In the summer of 2015 supporters of The Move Organization initiated a petition for United States Attorney General Loretta Lynch . The goal of the petition is to push the United States Attorney General to investigate the wrongful and ongoing imprisonment of The  Move 9 who have been imprisoned since August 8th 1978. Last May marked 30 years since the unconscionable bombing and murder of the MOVE family by the U.S. government. Live Stream of the MOVE9 event.

Speakers:

Johanna Fernandez, Campaign to Bring Mumia Home  
Civil Rights Attorney Lynne Stewart
Amina Baraka, Poet/NJ Activist/Movement Leader
James McIntosh, CEMOTAP
Imam Al-Hajj Talib, Mosque of Islamic Brotherhood, Inc.
Harabic Tubman, Existence is Resistance
Calib Maupin, Press TV
Pam Africa, MOVE as Master of Ceremonies

Sponsored by: The MOVE Organization; Resistance in Brooklyn; NYC Leonard Peltier Support Committee; Pro Libertad Freedom Campaign; NYC Coalition to Free Mumia Abu-Jamal; Samidoun Palestinian Prisoner Solidarity Network; Universal Zulu Nation; and many more.

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