Law and Disorder Radio

Archive for the 'War Resister' Category


Law and Disorder May 22, 2017


 

Chicago Gang Intervention Programs: BUILD

Attorney General Jeff Sessions recently vowed that the Justice Department has zero tolerance for gang violence. “If you are a gang member, he said, “we will find you,” “We will devastate your networks. We will starve your revenue sources, deplete your ranks, and seize your profits. We will not concede a single block or a street corner to your vicious tactics.” President Trump tweeted his approval of Sessions comments, saying “I promised to get tough and we are!” The administration’s efforts to crack down on gangs will mean more arrests and lengthy incarceration for young persons with little attention being paid to alternatives to detention and programs that will offer productive and meaningful choices.

In Chicago, where gang violence has received a great deal of media attention, one community-based organization has been working in some of the city’s toughest neighborhoods to stem violence before it interferes with young peoples’ potential. In 1969 BUILD began working with gang-affiliated teenagers and now serves nearly 3,000 youth each year offering targeted services designed to prevent kids from joining gangs and also working with gang-involved youth to develop alternatives to this lifestyle. BUILD also works with young persons who are in contact with the justice system to provide alternatives to detention and assist with successful re-entry.

Guest – Martin Anguiano, BUILD’s Manager of Intervention Services . Martin has worked at BUILD since 1994. He oversees BUILD services to young people involved in, or at risk for involvement in, gangs and the juvenile justice system. He is trained in trauma-informed practices and certified in peace circle keeping. Martin holds a B.A. in Psychology from the University of Illinois at Chicago.

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Attorney Jim Lafferty On Trump Administration

Donald Trump has been in office now for over 100 days.  His cabinet and closest advisers constitute a group of generals, multimillionaires, and billionaires. It is the richest cabinet in American history.  His closest advisers and members of his family, an organizational set up that more resembles the mafia than past executive office inhabitants. His predecessor, Barack Obama, was a disappointment to many people who supported him eight years ago. He presided over US wars in the Middle East. His government overthrew the government of Libya,  the Ukraine, and Honduras. Domestically he failed to prosecute those guilty of torture, which is illegal under American and International law. He failed to close the offshore prison in Guantánamo, Cuba. He failed to prosecute the bankers who crashed the American economy in 2008.  He deported more people than any other president in American history. Now, with Donald Trump in office, people are asking the question, is he qualitatively different than Obama.  What is the continuity and what is the discontinuity between the Obama and Trump administrations?

Guest – Los Angeles National Lawyers Guild attorney Jim Lafferty. Jim participated as a lawyer during the civil rights movement in Mississippi.  He is a former executive director of the  National Lawyers Guild. He was a central leader in the movement against the war in Vietnam. For the last 30 years he was the head of theLos Angeles National Lawyers Guild, growing it into one of the most active an influential chapters in the United States.

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Lawyers You’ll Like: Paul Gattone

Arizona has long been Ground Zero for immigration controversies. It’s a state with one of the harshest immigration laws in the country, Senate Bill 1070. In the state capitol of Phoenix, immigrant rights groups have dedicated the past two decades to fighting the notorious Sheriff Joe Arpaio, known for racial profiling, late-night raids and a “tent city” outdoor prison. Arpaio was voted out of office in 2016. But the state still has its share of threats to civil rights.

Guest – Attorney Paul Gattone of Tucson, Arizona. A Chicago native, Paul has spent over two decades in Ariona as a criminal defense attorney at the People’s Law Center and now in private practice. A longtime member of the National Lawyers Guild, Paul’s focus is in advancing and defending civil rights. He and his wife Joy also run a radical bookstore called Revolutionary Grounds.

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Law and Disorder May 15, 2017


Silk Road, Kingpin Charge and Ross Ulbricht

In 2015 a jury found that then 29-year-old Ross Ulbricht had created and run an anonymous digital black market for drugs called Silk Road. The case was a high profile one, and Ulbricht had come to be known by some as the face of the Dark Web. He was convicted on seven charges—including a “kingpin” charge—and Judge Katherine Forrest  imposed two life sentences and 40 years without possibility of parole. Prosecutors had not even sought such a long sentence.

In a 2016 appeal, defense attorneys outlined a litany of improprieties and abuses in the investigation and trial. Perhaps most serious was that the court procluded information about two corrupt federal agents investigating Silk Road who are now both serving prison sentences for corruption.

The defense team maintains that the convictions for Ulbricht should be vacated and that a new trial should be ordered or that he receive re-sentencing before a different judge.

A new book by Nick Bilton called  “American Kingpin: The Epic Hunt for the Criminal Mastermind Behind Silk Road” has received glowing reviews but presents what the Ulbricht family, his legal team, and supporters describe as a fictionalized version of the government’s narrative of the case, It is said that in many instances the author relied on claims that were not charged in trial.

Guest – Ross’s mother, Lyn Ulbricht. Lyn is working to help her son and directs those who want to learn more about her son’s case to the site Free Ross Ulbricht.

 

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Williams v. Pennsylvania: Mumia Abu-Jamal

In  2016 the Supreme Court in Williams v. Pennsylvania held that a prosecutor involved in seeking the death penalty should recuse himself if asked to judge an appeal in the capital case. Two months later, Mumia Abu-Jamal filed an appeal based on that decision, calling into direct question the validity of his criminal conviction, and the denial of his appeals. Ronald Castille, the same prosecutor in the Williams case, was a senior district attorney while Mumia’s case was being tried. He was also the District Attorney of Philadelphia during Mumia’s direct appeals. While serving on the Pennsylvania Supreme Court Castille rejected a recusal motion filed by Mumia’s defense.

On April 24, Mumia’s 63rd birthday, his lawyers were back in court arguing that a Motion for Discovery should be granted to determine the particulars of Castille’s personal involvement in Mumia’s prosecution and appeals.

Judge Leon Tucker ruled in favor of Mumia’s demand for discover and for the DA’s files. The records must be turned over to Mumia’s attorneys by May 30, 2017.

Guest – Attorney Judy Ritter, Professor of Law and Director of the Criminal Defense Clinic at Widener’s Delaware campus. She argued in 2011 before the Third Circuit that the instructions given to the sentencing jurors were unconstitutional. The so-called Mills claim argument succeeded and Mumia, as our listeners know, no longer faces a sentence of death.

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Anatomy of Innocence: Testimonies of the Wrongfully Convicted

Capital punishment has made news headlines over the past few months, as the state of Arkansas rushed to execute six men in a span of several days. For many years, the issue of state sanctioned killings has not received much attention. News of exonerations of innocent men and women are rare.

A new book, Anatomy of Innocence: Testimonies of the Wrongfully Convicted, presents the true stories of 15 exonerees who were wrongfully convicted and thrown into the complex criminal justice system before being among the few to be exonerated.

Edited by Leslie Klinger and Laura Caldwell, the book is unusual in that each exoneree is paired with a high-profile mystery and thriller writer (including Lee Child, Sara Paretsky, Laurie King, Brad Parks and others) to present their narratives. Barry Scheck of the Innocence Project and author Scott Turow also provide commentary.

The book also includes a letter from playwright Arthur Miller, believed to be the first and only unpublished piece since his death. Kirkus Reviews called the compilation “a unique collection of 15 wrongful conviction sagas bound to shake faith in the American criminal justice system.”

Guest – Attorney and author Leslie Klinger, co-editor of Anatomy of Innocence and widely considered to be one of the world’s foremost authorities on Sherlock Holmes, Dracula, H. P. Lovecraft, and 19th-century genre fiction.

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Law and Disorder April 17, 2017


Update:

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US Bombs Syria

Donald Trump made two important promises during his presidential campaign: he vowed to not get involved in the Syrian Civil War where jihadist groups have been trying to overthrow the government of Assad for six years and the second promise he made during his campaign was to better relations with Russia which is a supporter of Assad and a strategic ally. Syria borders Russia to the south and has a warm water Mediterranean port.

Both these promises were broken on April 4, 2017 when President Trump illegally ordered the bombing by 54 Tomahawk missiles of the Shayrat Air Base in eastern Syria. The missile strike violated the United Nations charter, the convention against the use of chemical warfare, and United States law called the War Powers Act, not to mention Article 2 of the US Constitution. In support of his unilateral decision to bomb a sovereign nation with whom the United States is not at war,  President Trump claimed that he was motivated by learning of the horrible death of several children in the farm village of Khan Shaykhun.  The children died of an alleged poison gas attack which Trump claimed was carried out by the Assad government, which denies the charge. Without an impartial objective investigation required by The Chemical Weapons Convention,without going to the United Nations Security Council, and without any evidence, President Trump claimed that sarin, a poisonous nerve gas, was used by the Assad government.

Trump’s former critics who sprung to his defense included Hillary Clinton, Senate Minority Leader Democrat Chuck Schumer, and Republican leaders John McCain and Lindsey Graham, the entire mass media including the New York Times, Washington Post, MSNBC, and CNN.  Television reporter Brian Wilson use the word “beautiful” three times to describe the tomahawk missile explosions. Why did Trump reversed his position of not getting involved in the Syrian civil war? Why did he all the sudden take on Russia, to whom he had pledged better relations?

Guest – Phyllis Bennis directs the New Internationalism Project at IPS, working as a writer, activist and analyst on Middle East and UN issues. She is also a fellow of the Transnational Institute in Amsterdam. In 2001 she helped found and remains active with the U.S. Campaign to End the Israeli Occupation. She works with many anti-war organizations, and writes and speaks widely across the U.S. and around the world as part of the global peace movement. She has served as an informal adviser to several top UN officials on Middle East and UN democratization issues.

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A Chicago Cop is Accused of Framing 51 People For Murder

Fifty years ago the great comedian Lenny Bruce used to crack that “Chicago is so corrupt it’s thrilling.” It has become known as “the conviction capital of the USA.” Today retired Chicago detective is accused of framing at least 51 people for murder, most of them from Humboldt Park in Chicago, a working class predominately Puerto Rican neighborhood. He was on the force from the 1980s through the early 2000’s. Guevara’s alleged misconduct sent 48 men and one woman to be sentenced to a total of more than 2300 years in prison. Three were acquitted. Five received life sentences. Three were sentenced to death, but spared when in 2003 Governor George Ryan, disturbed by a rash of wrongful convictions, commuted all of the death sentences to life in prison or less. Two men died behind bars.The initial work in uncovering Guevara’s misconduct fell by default to a group of women, mostly working class mothers, aunts, and sisters with limited English and limited familiarity with the law.

As investigative reporter Melissa Segura has written in BuzzFeed, “armed with nothing more than dining room tables full of transcripts, police  reports, and post it notes, marking the cracks in cases against their love ones, together they identified patterns running through Guevara’s cases.” They achieved some victories.  They gave information to civil rights attorneys at the Loevy and Loevy Chicago law firm which helped free Juan Johnson who later went on to receive a record $21 million and a judgment against the city of Chicago because of Guevara’s misconduct. So far six men have had their convictions overturned, 12 others have been released, 29 say they were framed remade in prison. Detective Guevara’s Witnesses by Melissa Segura

Guest – Attorney Tara Thompson is the founder of the Exoneration Project at Loevy and Loevy. Following law school Tara worked as an associate in Mayer Brown’s Chicago office, where she represented clients in a variety of litigation matters, including a significant commitment to pro bono representation. She left Mayer Brown in 2006 to clerk for Judge Elaine Bucklo of the United States District Court for the Northern District of Illinois. After completing her clerkship, she joined Loevy & Loevy in 2007.

Guest – Attorney Anand Swaminathan, is litigating the civil damage cases arising from the work of Guevara’s frame ups and which have demonstrated a pattern and practice of police misconduct. Since joining the firm, Anand has worked on a broad range of constitutional and civil rights cases, including wrongful convictions, the denial of medical care to inmates and detainees in jails and prisons, and retaliation for exercising free speech rights. Anand also works extensively on False Claims Act litigation, in which he represents whistle-blowers alleging military and other government contractor fraud, Medicare and Medicaid fraud, construction/contractor (MBE/DBE) fraud, bid-rigging, and tax fraud. Anand also represents whistleblowers in financial fraud cases under the Dodd-Frank financial reform bill, and in complex fraud cases under other federal and state statutes.

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Carl Messineo Consent Decrees and Policing in the U.S.

During the Obama administration, the Justice Department has sought to reform police practices considered discriminatory by using a statutory tool little known by the public and even less well understood. So-called “consent decrees” were established after the Los Angeles Rodney King riots, and allow the Department’s Civil Rights Division to sue local police forces that have been found to have “a pattern and practice” of using excessive force or violating individuals’ rights.

The DOJ launches an investigation into a police department’s operations, frequently after a high-profile incident – such as the 2014 shootings of Michael Brown in Ferguson, MO, and Laquan McDonald in Chicago. If the feds find that the departments operate with an ongoing pattern of abuse, they sue, in essence forcing the law enforcement groups to settle the cases and undergo a change to their culture to a degree deemed sufficient by the court and the DOJ.

Some of the more recent agreements, like those with the Baltimore and Ferguson Police Departments, are better known to the public, but others are not and many haven’t yet seen a resolution. Out of 19 investigations carried out since 2010, six are considered “ongoing.”

Jeff Sessions said in 2008 that “One of the most dangerous, and rarely discussed, exercises of raw power is the issuance of expansive court decrees. Consent decrees have a profound effect on our legal system as they constitute an end run around the democratic process.” The new Attorney General has threatened to do away with them.

Guest – Attorney Carl Messineo, co-founder of The Partnership for Civil Justice Fund, a nonprofit progressive legal organization based in Washington DC. The organization focuses on cases regarding free speech and dissent, domestic spying and surveillance, police misconduct, government transparency, and educating the public about their rights. In the “Founders Message,” the organization states, “As we look to the future, the Partnership will continue to be at the forefront of legal struggle, using the law to defend and create room for the peoples’ movement for progressive social change.”

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Law and Disorder April 10, 2017


 

The Hundred-Year Walk: An Armenian Odyssey

April 24 marks the 101st anniversary of the Armenian genocide. Until recently, most Americans never heard of the genocide and rarely hear the individual stories of those who survived atrocities at the hands of the Ottoman Turks. Journalist Dawn Mackeen came to learn the personal account of her grandfather Stepan Miskjian after reading notebooks that he had kept a century ago chronicling his story. She then embarked on a multi-year journey, using her research skills to scour newspapers and archives around the globe to recreate, and then actually retrace, his steps taken 100 years earlier through Turkey and Syria.

She has written an eye-opening book, The Hundred-Year Walk: An Armenian Odyssey. It recounts not only her grandfather’s experience, but those of the approximately 1.5 million Armenians who were tortured and killed in the genocide that began in 1915. As many Armenian genocide survivors did, Dawn’s grandfather escaped just before the members of his caravan with were massacred by disguising himself as an Arab.

Guest – Dawn Mackeen is an award-winning journalist who spent nearly a decade researching and writing her grandfather’s story. Previously, she covered health and social issues for Salon, SmartMoney, and Newsday, where her investigative series on assisted living facilities’ poor care helped prompt legislative reform. Her work has appeared in the New York Times Magazine, Elle, the Sunday Times Magazine (London), the Los Angeles Times, and elsewhere. She lives in Southern California.

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International Law and the State of Israel: Legitimacy, Exceptionalism and Responsibility

At the request of its member states, the United Nations economic and social commission for Western Asia commissioned a report on Israeli practices towards the Palestinian people and the question of apartheid. Apartheid is a crime against humanity under international law. The report found Israel in violation of three international laws. One of them, the  1998 Rome statute of the international criminal court states that “the crime of apartheid means inhumane acts committed in the context of AN institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.” The commission report concluded that Israel operates in an Apartheid regime against Palestinian citizens of Israel, Palestinians in East Jerusalem, Palestinians in the West Bank and Gaza, and Palestinian refugees and exiles.The commission made recommendations to dismantle the apartheid regime. In response, Israel and its ally the United States of America had to report rejected and caused the resignation of the head of the commission.

We speak with two anti- apartheid activists. Both have just returned from an important conference on Israel held at the University of Cork, in Cork Ireland.  The conference had twice been prevented by pro Israeli forces.

Guest – Richard Falk is the former UN Special Rapporteur on Palestinian human rights and Professor Emeritus of International Law at Princeton University. Since 2002 he has lived in Santa Barbara, California, and taught at the local campus of the University of California in Global and International Studies and since 2005 chaired the Board of the Nuclear Age Peace Foundation.

Guest – Author Joel Kovel, politician, academic, and eco-socialist. He has lectured in psychiatry, anthropology, political science and communication studies. He has published many books including the controversial Overcoming Zionism: Creating a Single Democratic State in Israel/Palestine.

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Partisan Gerrymandering In Wisconsin

In a backlash to the 2008 Obama election victory, two years later, in 2010, the Republican Party of Wisconsin won both houses of the legislature and the governorships. The Republicans then redrew the legislative map making it impossible for the Democratic Party to capture a majority of the legislative seats at any time in the decade,  no matter how many votes they get.  This is called partisan gerrymandering, the process of drawing distorted legislative districts to undermine democracy.  Now, in Wisconsin, instead of voters choosing their legislatures, the legislatures choose the voters. As a consequence people in Wisconsin have had their great university system harmed, right to work laws have been enacted wrecking their unions, and there has been substantial environmental damage.

Guest – Professor William “Bill” Whitford who recently retired as a Law Professor at the University of Wisconsin. He is the lead plaintiff in a federal lawsuit against partisan gerrymandering. His cases is likely to be heard in the Supreme Court. In the case Whitford v Gill 12, Wisconsin voters are challenging the constitutionality of the states Republican drawn legislative maps. Heretofore, the Supreme Court has been unwilling to get involved.  This case may change that and restore a measure of democracy to a broken system  in Wisconsin, and later elsewhere.

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Law and Disorder April 3, 2017


Trial Judge Rules Against 69 Year Old Palestinian Activist Rasmea Odeh

In 1969, when she was a 21 year old college student in Ramallah in the Israeli occupied territories on the West Bank,  Rasmea Odeh, a Palestinian woman, was arrested for killing two Israeli University students with a bomb placed in a supermarket.  She confessed to the crime and served 10 years in prison, getting out in a prisoner swap. She came to United States 20 years ago, obtained citizenship, and settled in Chicago as a community organizer of immigrant Arab women.  Odeh was criminally charged two years ago by the federal government with “unlawful procurement of naturalization.” In her application, she omitted mention of the crime for which she was convicted in Israel. In her defense, she said that she could not remember, that she had post traumatic stress disorder as a result of being tortured in jail for 25 days and forced to sign a false confession. Her expert witness was not allowed to testify as to the PSTD and the torture.  The trial judge’s ruling on this was overturned by a Federal Court of Appeals. Last week she agreed to a plea arrangement where she would be stripped of her citizenship and deported rather than face a 5 to 7 year prison sentence and indefinite detention by ICE. She is 69 years old and does not know where she will be sent inasmuch as she cannot go home.

Guest – Attorney Michael Deutsch  had represented Rasmea Odeh. He is a partner at the Peoples Law Office in Chicago and a former legal director at the  Center for Constitutional Rights. After clerking for United States Court of Appeals Judge Otto Kerner, Mr. Deutsch went into private practice, joining People’s Law Office in 1970 where he has represented political activists and victims of police and government civil rights violations. His advocacy has taken him all around the world, including to hearings in the United Nations. He has tried many civil and criminal cases in federal and state courts, and has written and argued numerous appeals, including several in the United States Supreme Court.

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New York City Titanpointe National Security Agency Protest

There is a massive 550 foot tall gray granite and cement NSA spying hub hidden in plain sight in a windowless skyscraper in downtown Manhattan. At noon on April 15 an action is planned by a group called the Quiet American. It is an arts and politics journal based in Ridgewood, Queens, New York. They will perform a rite of exorcism on the building in order to, as their press release states, “to metaphysically purge the edifice of the data it hoards and to invoke a less maniacal version of citizen-government relations.”

The building is located at 33 Thomas Street where the action will take place. It is a windowless monolith that people say is “creepy as hell” and “a monument to the bottomless fear that locks us in permanent war”. The building was designed to withstand a nuclear assault and sustain its employees working there for two weeks.

Guest –  Eli Smith, a musician and activist from Brooklyn, who has helped organize the event. Eli Smith is also a folklorist and music producer who organizes the annual “Brooklyn Folk Festival”, a huge weekend music gathering now in its ninth year, and coming up at the end of April.

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Lawsuit Forces EPA Head To Release More Emails Exposing Fossil Fuel Ties

Donald Trump’s nominee to head the Environmental Protection Agency, Scott Pruitt, was recently sued by the Center for Media and Democracy to force the release of emails exposing ties with fossil fuel backers and the Oklahoma Office of Attorney General.

The suit, filed on behalf of the Center for Media and Democracy (CMD), seeks an emergency injunction to prevent Pruitt from destroying any documents relevant to the group’s open records requests before his confirmation hearing. Since 2015, CMD filed seven records requests with Pruitt’s office seeking communications with Koch Industries and other coal, oil, and gas corporations as well as the corporate-funded Republican Attorney General’s Association.

Pruitt has yet to turn over a single document, despite acknowledging that his office has 3,000 emails and other documents relevant to CMD’s initial request. The Oklahoma Open Records Act provides that “the people are vested with the inherent right to know and be fully informed about their government . . . so they may efficiently and intelligently exercise their inherent political power.”

The act also mandates that a public body “must provide prompt, reasonable access to its records.” With Pruitt seeking confirmation to become EPA administrator, these public records are essential for the U.S. Senate to do its job.

“There is no valid legal justification for the emails we received last night not being released prior to Pruitt’s confirmation vote other than to evade public scrutiny,” said Arn Pearson, general counsel for CMD. “There are hundreds of emails between the AG’s office, Devon Energy, and other polluters that Senators should have been permitted to review prior to their vote to assess Pruitt’s ties to the fossil fuel industry.”

Guest – Arn Pearson, General Counsel and Policy Advisor from the Center for Media and Democracy. He previously served as the Vice President for Policy and Litigation at Common Cause. Arn has worked for more than 20 years developing federal and state policy and legal strategies around campaign finance reform, government ethics, corporate accountability, and tax reform.

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Law and Disorder March 20, 2017


Update:

  • Michael Smith Attends Lynne Stewart’s Wake In New York City

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Law and Disorder co-hosts look at the seeds of fascism within the Trump Administration and Attorney Michael Smith references excerpts of the recent article A Short History of the Trump Family by Simon Blumenthal, including the below paragraph.

“Reckoning with Trump means descending into the place that made him. What he represents, above all, is the triumph of an underworld of predators, hustlers, mobsters, clubhouse politicians and tabloid sleaze that festered in a corner of New York City, a vindication of his mentor, the Mafia lawyer Roy Cohn, a figure unknown to the vast majority of enthusiasts who jammed Trump’s rallies and hailed him as the authentic voice of the people.”

October 2006: If It’s Not Facism, What Is It? Who Benefits & Why Now?

There appears to be a major transformation in progress. Bourgeois democracy, however limited and constricted it has been, is being revamped. The separation of powers, first enunciated by the founders, hardly exists any more. The Executive branch has overpowered Congress and the Judiciary. Neither the corporate media, the two party system, nor the unions provide much of a countervailing force. With the defeat of the Soviet Union and the “Socialist Block” imperialism has launched wars to consolidate capitalism and oil control in Yugoslavia, Afganistan, Iraq and Lebanon. Panelists: Mark Crispin Miller, Heidi Boghosian, Bertell Ollman, Moderated by Michael Steven Smith.
The standard of living for the American working class and middle class is being rolled back quickly; only profit margins of the large corporations and the top one per cent are expanding. Democracy is not an abstraction, but a tool and an aspect of the class struggle. Thus we are experiencing a consolidational of wealth and power that is historically qualitatively transformative. Understanding what is going on is the first step in fighting it. We hear an excerpt from Bertel Ollman , professor of politics at NYU, and has written and edited over a dozen books, including Alienation: Marx’s Conception of Man in Capitalist Society, Social and Sexual Revolution: Essays on Marx and Reich, Dialectical Investigations, How to Take an Exam and Remake the World, and most recently Dance of the Dialectic: Steps in Marx’s Method.

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Why The Rise Of Fascism Is Again The Issue

Fascism has taken on many forms through the rise and fall of empires. One aspect of modern day fascism can seen as propaganda, lies and deceit used as political leverage to eventually absorb sovereign states. Our guest John Pilger lays out the swath carved by fascism in the last 70 years in his recent article Why The Rise Of Fascism Is Again The Issue. Using the word carefully, Pilger describes a new kind of fascism, centered in America but based on the big lie of war and aggression. Pilger documents key events from the Holocaust to Libya to Serbia, to Yugoslavia, to Afghanistan in the 1970s, to Vietnam and up to the current revival of fascism in the heart of Europe. We get a historic perspective from John Pilger, going all the way back to the second world war. If you think the wars in Iraq, Afghanistan, Yugoslavia, Libya and now the Ukraine occur by happenstance, you are mistaken says Pilger, an Australian-British journalist based in London. These are part of the American effort to become the global power.

Guest – John Pilger, an Australian-British journalist based in London. John has worked in many facets of journalism, including a correspondent in the Vietnam War, the Middle East Desk for Reuters in London, a documentary film maker, and a producer for the Independent Television Network in London. Pilger is known for his conscience, bravery and acute historical insight.   His articles appear worldwide in newspapers such as the Guardian, the Independent, the New York Times, the Los Angeles Times.

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Law and Disorder March 13, 2017


Hosts Mourn The Passing Of Friend And Colleague Lynne Stewart

Attorneys Heidi Boghosian and Michael Smith remember the courageous people’s lawyer Lynne Stewart.

We listen back to a past interview with Lynne Stewart February 4, 2008.

U.S. Court of Appeals for the Second Circuit Hears Lynne Stewart’s Arguments

Law and Disorder hosts welcome back civil rights attorney Lynne Stewart. Lynne Stewart has been free on bail pending appeal since federal judge John Koeltl gave her a 28 month sentence in October 2006. As you may recall Lynne Stewart was initially facing up to 30 years after being found guilty of conspiring to aid terrorists. She was convicted of distributing press releases on behalf of her jailed client Sheik Omar Abdel Rahman who is serving a life sentence on terror-related charges.

Here on Law and Disorder we’ve followed Lynne Stewart’s case as it contains key breaches of civil liberties such as government eavesdropping into attorney/ client conversations.

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Recognizing 50 Years of The Center For Constitutional Rights And Michael Ratner

Michael Ratner co-founded Law and Disorder Radio radio 13 years ago.  He died last May in New York City of complications after cancer surgery at age 73.  At the time, he was the President of the Center for Constitutional Rights. Some years ago he helped form it’s European counterpart, the European Center for Constitutional and Human Rights. Last year was the 50th anniversary of the founding of the Center for Constitutional Rights.

The held a commemorative conference in Berlin last December on the 50th anniversary of the CCR and honored it’s president, Michael Ratner.  Michael Smith, the co-host along with Heidi Boghosian of Law and Disorder Radiospoke at the conference about Michael Ratner and the four founders of the CCR. He was joined in his presentation by attorney Margaret Ratner Kunstler, a key figure in the early days of the CCR. Today we bring you excerpts from this presentation.

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Law and Disorder March 6, 2017


Attorney Kellyanne Conway: Ethics Complaint

President Donald Trump and his main advisor Steve Bannon have declared war on any press that is critical of them. Last week in an historically unprecedented move they banned the New York Times and CNN from a news conference.  President Donald Trump’s spokesperson Kellyanne Conway has countered factual reporting with what she calls “alternative facts”, that is, lies. In order to raise the fear level of the population two weeks ago she falsely claimed a muslim carried out a terrorist massacre in Bowling Green, failing to indicate whether it was Bowling Green, New York, Bowling Green, Ohio, or Bowling Green, Kentucky.  Also that week she promoted Ivana Trump’s product line trying to perk up sales of Trump’s fading brand after her jewelry and dresses were dropped by Nordstrom and other department stores.

Kellyanne Conway is a lawyer who graduated from George Washington School of Law in Washington DC. Lawyers’ unethical and illegal conduct is monitored by the Bar Association there. In response to her unethical conduct a number of law professors who specialize in legal ethics filed a complaint with the association.

Guest – Attorney Ellen Yaroshefsky, a specialist in ethics who teaches at Hofstra Law School. Ellen Yaroshefsky is a former staff attorney and then board member of the Center for constitutional rights.  She is a leader of the National Lawyers Guild. Currently, she is the director of the Monroe Freedman Institute for the Study of Legal Ethics at the law school at Hofstra University.

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Obama v Bahlul Case: First Amendment Protections And More

We are on the verge of unconstrained military power to suppress dissent under Commander-In-Chief Donald Trump.  Section 1021 of the 2012 National Defense Authorization Act would allow him to fully put into effect the military detention of dissenters who oppose government wartime policies or support whistleblowers who bring those policies to light. In the case of ” Hedges versus Obama”,  the Department of Justice argued that “mere expressive activities” could be sufficient grounds for military detention of civilians such as journalists and US citizen Chris Hedges, at the Commander-In-Chief’s discretion. The conspiracy conviction by a Military Commission of Mr. Ali al Bahlul,  who made a movie promoting Al Qaeda, is going before the Supreme Court. He is represented by three attorneys including our guest Attorney Todd Pierce.

Guest -Todd Pierce, an attorney and a retired U.S. Army Judge Advocate General Corps Officer. He served as a military defense counsel before the Military Commissions on teams representing three Guantanamo clients. He remains involved with Guantanamo related issues as co-counsel on a Guantanamo case currently before the appellate courts as well as consulting on related human rights cases. He serves on the Advisory Board of ExposeFacts.org. He writes as a critic of U.S. foreign and national security policy, regularly contributing to Consortiumnews.com, antiwar.com, mondoweiss.net, and other media. He is a member of the Veteran Intelligence Professionals for Sanity and Sam Adams Associates for Integrity in Intelligence and the Consultative Counsel of Lawyers Committee on Nuclear Policy. He currently is working on a Masters Degree in Politics at the New School in New York with a particular focus on the works of Hannah Arendt and her writings on imperialism and totalitarianism.

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Law and Disorder February 27, 2017


My Friend Cayla And Other Toys That Spy

Several consumer advocates are urging retailers including Amazon.com and Walmart to stop selling a doll that can eavesdrop on children and families.

The groups are calling on the retailers to discontinue sales of the doll called My Friend Cayla after filing a complaint in late 2016 with the Federal Trade Commission. The complaint alleges that Cayla and another toy, the I-Que Robot, which isn’t sold in the U.S., can transmit recordings to Nuance Communications, a speech-to-text software company that contracts with military and law enforcement agencies, among others.

The doll, made by interactive toy maker Genesis, are wireless-enabled devices that advocates say can open the door to hackers, and other privacy violations.

In a letter to Amazon’s CEO, Josh Golin, of the Campaign for a Commercial-Free Childhood, wrote “My Friend Cayla poses significant security risks that could place children in physical danger…A stranger or potential predator within a 50-foot range can easily establish a Bluetooth connection with the doll, eavesdrop on the child, and even converse with the child through the doll.”

A similar letter, also signed by the Center for Digital Democracy and the Electronic Privacy Information Center was sent to Walmart, Target, and Toys ‘R’ Us. Toys R Us said the doll is no longer for sale at its stores or through its website.

Guest – Josh Golin, Josh started at CCFC as an intern in 2003 and has been with the organization in a variety of capacities ever since. Most recently, he served as CCFC’s Associate Director organizing CCFC’s advocacy campaigns and developing its communications strategy. His writings about the commercialization of childhood have appeared in a wide range of outlets. He and his wife Jennifer are doing their best to raise their daughter, Clara, commercial-free.

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Dakota Access Pipeline Dispatch #10

In early February, under orders from President Donald Trump, the Army Corp of Engineers approved and easement allowing Energy Transfer Partners to drill under the Missouri River near North Dakota’s Standing Rock Sioux Reservation. Standing Rock and neighboring tribes are trying to halt the project in court and pipeline opponents have embarked on a so called last stand, holding protests and actions across the nation. Authorities had set a deadline of February 22, 2017 for the protesters to clean up and return home. At the main encampment, trucks are hauling away garbage and abandoned goods. Some protesters are relocating to higher ground nearby on the reservation. In preparation for the evacuation dozens of North Dakota police and National Park Service rangers had surrounded the camp.

Water Protectors Legal Collective – NLG

Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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Law and Disorder February 20, 2017


 

The Deep State: The Fall Of The Constitution And The Rise Of The Shadow Government

A century ago, Ferdinand Lundberg wrote the classic book “America’s 60 Families” describing them, their interconnections and the powerful role they played in American governance.  This was in 1965 when the great sociologist C. Wright Mills wrote “The Power Elite” and then William Domhoff wrote “Who Rules America?” Now, Mike Lofgren has made a significant contribution in describing the workings of the American ruling elite with his book The Deep State: The Fall Of The Constitution And The Rise Of The Shadow Government.

Guest – Mike Lofgren worked in Congress for 28 years, 16 of them as a senior analyst at the House and Senate Budget Committees.  He held a top security clearance. He now represents no political party, no business interest, and no ideology. His previous book The Party Is Over was a New York Times bestseller.

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

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

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

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

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

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