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Law and Disorder January 18, 2016


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NYC Teacher Fired For Lessons About The Central Park Five

An English teacher at a New York City high school claims that she was fired because of a lesson on the so-called Central Park Five which school administrators warned her would “rile up” black students. Jeena Lee-Walker recently filed a lawsuit in federal court against the Dept. of Education and several administrators from the High School for Arts, Imagination and Inquiry after being fired for insubordination and poor evaluations. She claims they were the result of her pushing back on topics like the Central Park Five. Lee-Walker,  who graduated from Barnard and has post-graduate degrees from Harvard and Fordham, began working at the school in 2013 and says she was told to be more “balanced” in covering the Central Park Five case in November of that year.

The  lawsuit claims retaliation against her “violated her First Amendment right to discuss the Central Park Five case, and that the firing violated the city’s contract with the teacher’s union because she was not given a required 60 days notice.” As listeners may recall, the Central Park Five, who were wrongfully jailed for the 1989 rape of a Central Park jogger, received a $42 million settlement from NY City. In 2014, they sued the state seeking $52 million in damages for the emotional trauma of being incarcerated for years for a crime they were coerced into confessing to.

Guest – Attorney Ambrose Wotorson, a Brooklyn based attorney who is representing Jeena Lee-Walker in this case. He’s a trial lawyer focusing employment law and business litigation. Twitter account.

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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

Retired Florida U. S. Senator Bob Graham was the head of the US Senate intelligence committee and also  the chairman of the 9/11 commission of inquiry. He is the leading person trying to get President Obama to release to the public the suppressed 28 pages of the 911 report which have been hidden. Senator Graham contends that the 19 hijackers, 15 of whom who were Saudi Arabians,  could not have pulled off the operation alone and that in fact they were part of a support network involving the Saudi Arabian monarchy and government which helped plan, pay for and execute the complicated 911 plot which, says Senator Graham, would have otherwise been impossible to accomplish. Senator Graham has written the book Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror. It provides a candid insight to the workings of the US in Saudi relations and their implications on US foreign-policy making as it pertains to the middle east and bags tension, contemporary geopolitics.

Guest – Senator Bob Graham, is the former two–term governor of Florida and served for 18 years  in the United States Senate. This is combined with 12 years in the Florida  legislature for a total of 38 years of public service. As Governor and Senator,  Bob Graham was a centrist, committed to bringing his colleagues together behind  programs that served the broadest public interest. He was recognized by the  people of Florida when he received an 83% approval ranking as he concluded  eight years as Governor. Bob Graham retired from public service in January  2005, following his Presidential campaign in 2004.

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Saudi Arabia, Wahhabism and Middle East Geopolitics

We take a deeper look at Saudi Arabia and its relationship first United States and then to the other countries in the Middle East region.

Guest – Professor Rashid Khalidi, a Palestinian American who grew up in New York City. He teaches at Columbia University where he is the Edward Said Professor of Arab studies and the head of the Middle East Institute.  He is the author of a number of books, most recently “The Iron Cage: The Story of the Palestinian Struggle For Statehood. He has written more than 80 scholarly articles on Middle Eastern history and politics as well as op-ed pieces in the New York Times, the Boston Globe, the Los Angeles times, the Chicago Tribune, and The Nation magazine.

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Law and Disorder January 11, 2016


Updates:

  • Volkswagen Could Face Up to $80 Billion in Penalties From U.S. Emissions Lawsuit
  • Co-host Heidi Boghosian Reads A Poem By Bill Ayers

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Lawyers You’ll Like: Attorney Abdeen Jabara

Abdeen Jabara is a New York based civil rights attorney and co-founder of the American-Arab Anti-Discrimination Committee. He was involved in a groundbreaking court case in the 1970s that forced the NSA to acknowledge it had been spying on him since 1967. At the time of the spying, Abdeen was a lawyer in Detroit representing Arab-American clients and people being targeted by the FBI. The disclosure was the first time the NSA admitted it had spied on an American.

He also took on the cases of people harassed by the FBI which had stepped up efforts to surveil Arab activists in the aftermath of the 1967 war, when the U.S. alliance with Israel was solidified. Abdeen was caught up in what was called “Operation Boulder,” a Nixon administration-era program that placed Arabs under surveillance.

Guest – Abdeen Jabara is a member of the legal advisory board for the American Muslim Council, a past president of the Arab-American Anti-Discrimination Committee, a former board member of the Center for Constitutional Rights and former co-counsel with Lynne Stewart for Sheik Omar Abdel-Rahman. He is an active member of the National Lawyers Guild.

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Law and Disorder January 4, 2016


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U.S. Pressed on Israeli Settlement Tax Breaks

The U.S. Treasury has long turned a blind eye to as many as 150 nonprofits that funnel up to $1 billion a year to Israeli settlements, according to a federal complaint filed in December. It now finds itself as a defendant in a just filed a lawsuit by Washington DC attorney Mark McMahon. Rather than engaging in “charitable activities,” these nonprofits—supported by US donations—are allegedly fueling land theft, forcible expulsion of hundreds of thousands of Palestinians from their land, demolition of homes and paramilitary activities carried out by armed Israeli settlers against Palestinian civilians. Some of the tax-exempt entities include the Hebron Fund, the Gush Etzion Foundation, American Friends of Ariel and Friends of the Israeli Defense Forces.

Pro bono attorney for the plaintiffs in the case, Martin McMahon, claims that huge tax deductions are being taken that support ethnic cleansing of Palestinians. Proving the allegations could lead the U.S. to designate these entities as “special designated global terrorists,” stripping them of their tax-exempt status and freezing their assets, he says. In addition to entrenching Israel’s occupation of Palestine, the complaint alleges that these organizations have undermined U.S. foreign policy in support of a Palestinian state and helped breed the conditions from which Palestinian violent resistance emerges. It alleges that the Treasury’s “double standard” in enforcing its own regulations has led to the proliferation of the Israeli settlement enterprise, resulting in up to $1 trillion in lost U.S. tax revenue.

Guest – Attorney Martin McMahon, the founding member and managing partner of Martin F. McMahon & Associates. He has extensive experience in the securities industry, civil rights litigation, and has argued in over 10 appellate cases before the D.C. Court of Appeals and Maryland Court of Appeals.

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Islamophobia 2016

After 9/11, and now in response to recent events around the globe, thousands of innocent Muslims continue to be monitored, entrapped, and arrested in the name of subverting radicalized terrorism. Hateful rhetoric from presidential candidate Donald Trump and others have inflamed anti-Muslim stereotypes and led to numerous instances of hate crimes.

Joining us to discuss law enforcement ideologies and strategies, as well as the general public’s perceptions of Muslims, is Arun Kundnani, author of the 2014 book The Muslims Are Coming! Islamophobia, extremism, and the Domestic War on Terror.

Guest – Arun Kundani – Born and bred in London, Arun moved to New York in 2010 on a fellowship with the Open Society Foundations. He lives in Harlem. He is also the author of The End of Tolerance: Racism in 21st Century Britain, selected as a New Statesman book of the year in 2007. A former editor of the journal Race & Class, he attended Cambridge University, holds a PhD from London Metropolitan University, and teaches at New York University.

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Law and Disorder December 21, 2015


Updates:

  • Co-host Attorney Michael Smith Reflects On The Anti-Union Oppression In Detroit And Wisconsin In The Late 50s

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Trumbo

In the late 1930s and early 40s, many artists, writers, and intellectuals who sympathized with the poor, the labor movement, and the fights against racism and fascism aligned themselves with the Communist Party – which was then following the Stalinist policy of the “popular front”.  Hence, when the governments anti-Communist witch-hunt got underway soon after the end of the second world war in 1946, many in Hollywood were placed under suspicion. Lists of names were drawn up, and those named were subpoenaed by the house committee on un-American activities (HUAC). Novelist and screenwriter Dalton Trumbo had joined the Communist Party in 1943, and he was on that list. In 1947, when called to testify before the HUAC, Trumbo refused to testify on the basis of freedom of association and freedom of thought, both supposedly guaranteed by the First Amendment to the constitution known as the Bill of Rights.  Trumbo spent 11 months in federal prison in Kentucky. He was blacklisted and couldn’t get a job in Hollywood for 13 years, but won Oscars is for two movies that came out under other names. The movie Trumbo starring Bryan Cranston does an effective job of showing the fear of communism that was generated in those dark times and how it decimated Hollywood and was used for thought control.

Guest – Zachary Sklar, Oscar-nominated co-screenwriter of Oliver Stone’s film JFK, and author of the book JFK: The Book of the Film. He’s a journalist, and a professor at the Columbia School of Journalism. He was also a contributor to The Lies of Our Times, a monthly journal dedicated to exposing the truth behind the mainstream media. Zach collaborated with director Oliver Stone on the screenplay of the movie “JFK” and was editor of Jim Garrison’s book “On the Trail of the Assassins.”

Outgoing song – “Nothing” by the Fugs, performed by the Down Hill Strugglers

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Climate Change Conference COP21

The meeting on controlling climate change by reducing greenhouse gases produced by fossil fuels concluded in Paris last week and involved representatives from every nation in the world. The agreement that came out a Paris is widely believed by climate change activists to be not nearly enough; That we need more reductions or our very existence is threatened. Critics of the talks say that it fell short because there were no timetables and no targets and no binding commitments.

Guest – Eleanor Stein, teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental  and Atmospheric Sciences Department at SUNY. Eleanor Stein is teaching transnational  environmental law with a focus on catastrophic climate change. For ten years she served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.

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Law and Disorder December 14, 2015


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Drug Policy Alliance Looking Forward

In slow yet incremental steps, progress is being made toward establishing more sensible and humane drug policies in the United States.

The past half century has been characterized by politically-motivated hysteria around the so-called War on Drugs, resulting in harsh sentencing laws, and a subsequent soaring of mass incarceration rates. Half of the federal prison population is in for drug offenses, and the result has been highly detrimental to families and communities.

Two years ago former Attorney General Eric Holder announced that the Justice Department would begin to reassess the draconian mandatory minimum sentences on non-violent drug offenders that disproportionately target young African American and Latino males. Such public pronouncements, along with continued grassroots organizing, and heightened public awareness that the War on Drugs has been an abysmal failure, are helping to shift the tide in drug policies. The Drug Policy Alliance has made measurable strides in criminal justice reforms such as in helping to  decriminalize marijuana in Colorado and Washington.

Guest – Ethan Nadelmann, founder and executive director of the Drug Policy Alliance, the leading organization in the United States promoting alternatives to the war on drugs. Nadelmann received his B.A., J.D., and Ph.D. in Political Science from Harvard as well as a Masters’ degree in International Relations from the London School of Economics, and taught at Princeton University for seven years. He has authored two books – Cops Across Borders and (with Peter Andreas) Policing The Globe – and his writings have appeared in most major media outlets in the U.S. as well as top academic journals.

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Radicals In America: The US Left Since The Second World War

Radicals in the United States, often controversial and frequently dismissed by the status quo, have nonetheless played a significant role in mobilizing social justice movements.  In the recently published book “Radicals in America: The U.S. Left since the Second World War,” authors Christopher Phelps and Howard Brick have compiled
a comprehensive history of radicalism that includes the 1999 WTO protests in Seattle through the Occupy Wall Street movement.

The list of accomplishments by the Left is significant, including: racial integration, desegregation of the armed forces, the maintenance of labor unions for nearly 50 years until the election of President Ronald Reagan, the rise of feminism, abortion-rights, and the American withdrawal from Vietnam. The authors of Radicals in America explain how successive generations join movements of dissent, face political setbacks and repression and yet still have succeeded in sparking the imagination among mass movements.

Guest – Christopher Phelps, historian of modern American political and intellectual life. Born near Washington, D.C., he has taught at universities in five countries: Britain, the United States, Poland, Hungary, and Canada. He is author of the intellectual biography Young Sidney Hook (Cornell, 1997; 2d ed., Michigan, 2005) and Radicals in America (Cambridge, 2015), a comprehensive history of the American left since the Second World War co-authored with Howard Brick.

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Law and Disorder November 30, 2015


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Lawyers You’ll Like – Attorney  Carol Sobel

As part of our Lawyers You’ll Like series, we’re joined today by civil rights attorney Carol Sobel. Attorney Sobel has spent more than 2 decades working in various positions for the ACLU, including as Senior Staff Attorney. She also chaired the National Lawyers Guild mass defense committee for many years helping coordinate a nationwide defense of Occupy protesters and marshaling legal defense at several Democratic and Republican National conventions.

Carol has been involved in numerous significant cases in federal and state courts including on behalf of homeless individuals on Los Angeles’ skid row. She has been involved in numerous significant cases in federal and state courts. She served as local counsel for the Center for Constitutional Rights in Humanitarian Law Project v. Ashcroft and served on the Rampart Blue Ribbon Panel investigating police corruption in California. A graduate of the Peoples College of Law, since 2002, Carol has been named as one of Los Angeles’ Super Lawyers for Civil Rights.

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The War ISIS Wants: Nafees Hamid

Today we take a look into the psychology of terrorist recruitment and mindset in the wake of the coordinated attacks in Paris carried out by the Islamic state. We also look at the profound allure of the propaganda bringing young Muslims in to join ISIS and become a Mujahid. The transition from regular person to a warrior willing to die for the revolution happens quickly. In the article titled Paris: The War ISIS Wants by Scott Atran and Nafees Hamid, the ISIS movement is described as a trans-national movement, a sub state that doesn’t depend on an infrastructure of a state system. That and ISIS’s unitary message and appeal has created a big problem for the west using military action and ramped up mass surveillance to combat and intercept terrorist acts.

Guest – Nafees Hamid, Social Psychologist Nafees Hamid of University College London, researcher, actor and author of many articles including The War ISIS Wants.

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Law and Disorder November 16, 2015


Updates:

  • University of Illinois Reaches Tentative Settlement With Professor Steven Salaita

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Wedlocked: Law Professor Katherine Franke

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

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

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

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Remembering Attorney Liz Fink

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

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

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Law and Disorder November 9, 2015


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

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

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

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

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

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Palestinian Uprising And The Growing BDS Movement

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

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

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

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Law and Disorder October 19, 2015


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Puerto Rico: The Crisis Is About Colonialism, Not Debt

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

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

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US Intel Vets Decry CIA’s Use of Torture

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

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

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Law and Disorder September 29, 2015


Updates:

  • Hosts Remember People’s Lawyer Liz Fink

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The American Museum of Tort Law

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

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

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The Library Freedom Project Protects Library From DHS Surveillance

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

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

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