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Law and Disorder July 4, 2016



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Economic and Political Fallout From British Exit

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

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

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Lawyers You’ll Like – Attorney Margaret Kunstler

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

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

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



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.



Law and Disorder May 30, 2016


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.



Law and Disorder May 23, 2016

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A Full Life: James Connolly, The Irish Rebel

Executed by a British firing squad on May 12, 1916 for his role in organizing the Easter Rising, James Connolly was one of the most prominent radical organizers and agitators of his day. Born in Scotland in 1868 to Irish immigrant parents Connolly spent most of adult life organizing for labor unions and Socialist organizations in Ireland, Scotland and the United States. Despite attending school for only a few years, Connolly became a leading Socialist writer and theoretician, founding and editing newspapers including The Socialist Scotland, The Harp in the United States, and the Worker’s Republic in Ireland. As a labor organizer, Connolly stressed the importance of direct action, broad working class unity and a commitment to ending labor’s exploitation. As a Socialist agitator, Connolly saw economic and political independence as inextricably intertwined. The pamphlet, A Full Life: James Connolly, The Irish Rebel is the first graphic treatment on Connolly’s life. Its been issued on the centenary of the Easter Rising.

Guest – Paul Buhle, formerly a senior lecturer at Brown University, produces radical comics. He founded the SDS Journal Radical America and the archive Oral History of the American Left and, with Mari Jo Buhle, is coeditor of the Encyclopedia of the American Left. He lives in Madison.
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Songs of Freedom: The James Connolly Songs of Freedom Band

Songs of Freedom is the name of the songbook initially edited by James Connolly and reedited by Mat Calahan and republished by PM Press. Connolly’s introduction is better known than the collection for which it was written contained in his oft quoted maxim “Until the movement is marked the joyous defiant singing of revolutionary songs, it lacks one of the most distinctive marks of a popular revolutionary movement. It is the dogma of a few and not the faith of the multitude. Songs of Freedom is the celebration of the life and work of James Connolly, the Irish revolutionary Socialist martyred by the British government for his role in the Eastern Rising of 1916. Songs of Freedom the CD, makes contemporary music out of old revolutionary songs. The band turns the timeless lyrics of James Connolly into timeless manifestos of today.

Guest – Mat Calahan is a musician and author originally from San Francisco, where he founded Komotion International. He is the author of three books, Sex, Death & the Angry Young Man, Testimony, and The Trouble With Music. He currently resides in Bern, Switzerland.



Law and Disorder May 16, 2016

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Tomas Young’s War

At age 19 Tomas Young joined the Army two days after the 9/11 attacks. For patriotic reasons he wanted to fight in Afghanistan because of that country’s connection to the attack.

He was instead deployed to Iraq, a country that had zero connection to the attacks on September 11, 2001. He was in Iraq but a few days when he was shot in an insurgent ambush while sitting in the back of an open truck driving through an area of unrest in Baghdad.

The first shot severed his spinal cord paralyzing him from the nipples on down. The second shot shattered his knee. He never felt it. Tomas Young lived for nine years with his catastrophic injury. He became a forceful and eloquent spokesman against the war in Iraq.

The movie “body of war” was made about him.  Tomas died of his injuries in 2014 at the age of 34.

Guest – Cathy Smith, a single mother who had cared for her son Tomas and advocated for him.

Guest – Mark Wilkerson spent eight years in the U.S. Army as an AH-1 Cobra & UH-60 Black Hawk helicopter crew chief with the 3rd Infantry & 101st Airborne Divisions. He was deployed with the 101st to Mogadishu, Somalia, for six months in 1993. Mark has three children, Alex, Nick and Sam. He lives in Louisville, Kentucky with his wife Melissa. This is his third book. Phil Donahue and the DONAHUE show have been honored with 20 Daytime Emmy Awards, including nine for Outstanding Host and a George Foster Peabody Broadcasting Journalism Award.


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Surveillance State and Tor

As computer technology has evolved and communications providers have profited, law enforcement and government intelligence organizations increasingly lobby to mandate that data services be engineered to allow them “back door” access to encrypted data.

Even as expansive anti-terrorism legislation provides more ways for the government to harvest our personal data, calls still continue for regulation of technology to ensure extra access channels. With each high-profile criminal attack, on U.S. soil or elsewhere across the world, government efforts to access personal communications gain momentum.

Years ago, many considered TOR, software that enables anonymous communication, to be equivalent to the Dark Net, the nefarious sites and services accessible on the Tor network that promote/enable illegal activity such as drug and gun marketplaces. After Edward Snowden’s massive data release, however, TOR use in the last year has grown quickly.

Guest – Shari Steele, Executive Director of the Tor Project. As the former director of the Electronic Frontier Foundation, Shari built it into the nation’s preeminent digital rights organization.




Law and Disorder May 9, 2016


We at Law and Disorder mourn the passing of our friend, co-host and co-producer Michael Ratner on May 11, 2016. Michael’s radical legal and political analysis, and his enormous compassion, was a rarity in the field of legal affairs broadcasting.

We shall miss him dearly.



  • Co-host Michael Steven Smith Remembers Kent State Shootings May 4, 1970 and Jackson State University Shootings May 15, 1970.


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Discrediting the Red Scare: The Cold War Trials of James Kutcher, The Legless Veteran

Historian Robert Goldstein has just come out with the book “Discrediting the Red Scare: The Cold War Trials of James Kutcher, The Legless Veteran”. James Kutcher exposed some of the worst abuses of the red scare. His cases got massive publicity and contributed to the red scare’s demise and the discrediting of The Federal Employee Loyalty Program. Kutcher was a socialist in the 1930s and joined a small socialist organization. He was drafted shortly before American entry into World War II. He fought in north Africa and then Italy, where both of his legs were blown to pieces by a German mortar shell in 1943. After having both legs amputated and learning to walk with artificial limbs and two canes. In 1946,  Kutcher was hired in a menial position at the veterans administration as a file clerk with no access to national security information.

However, as a result of President Truman’s March 1947 Federal Employee Loyalty Program, and more specifically due to  the listing of Kutcher’s organization, the Socialist workers party, and the attorney generals list of subversive organizations mischaracterizing it as seeking to violently overthrow the government Kutcher was fired from his VA position. The government then sought to take away his World War II disability pension and then to evict him and his aged parents from there public housing project in Newark, New Jersey.

Goldstein’s book tells a dramatic story about a shy and timid person with true fortitude who fought for 10 years to establish his and all Americans’ constitutional rights to due process,freedom of speech and association.  Robert Goldstein tells the story of a true American hero.

Guest – Robert Justin Goldstein is emeritus professor of political science at Oakland University. His many books include Flag Burning and Free Speech: The Case of Texas v. Johnson and American Blacklist: The Attorney Generals List of Subversive Organizations, both from Kansas.

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Saudi Arabia Threatens To Dump US Assets If Blamed For 911

Phyllis Bennis is a fellow at the Institute for Policy Studies in Washington DC and has written several books on the Middle East. She joins us to to talk about the alleged Saudi Arabian connection to 911 and Obama’s impending meeting with the Saudi Arabian king. The United States Congress is presently considering a bill to lift the sovereign immunity Saudi Arabia enjoys which protects their government from the pending wrongful death lawsuits brought by the families of the September 11, 2001 attack victims . Legislation to do this is backed by both Republicans and Democrats and opposed by the Obama administration.

The Saudi Arabian government has threatened, some have called it black mail, to dispose of the $750 billion in American assets, including treasury bonds, that it owns to protect itself if it’s sovereign immunity is lifted. Saudi Arabia along with Israel is America’s key ally in the Middle East.

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



Law and Disorder May 2, 2016


  • 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.


Law and Disorder April 25, 2016

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Speaking In Turkish: Denying the Armenian Genocide

To commemorate this, the first genocide of the 20th century, Law and Disorder co-host Heidi Boghosian presents a 60-minute documentary special titled “Speaking In Turkish: Denying the Armenian Genocide.”

Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.

The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.

Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.

As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.

Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.

Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.


Law and Disorder April 4, 2016

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Urban Word: NYC

Spoken word—it’s the oral art of word play, intonation and inflection. From hip-hop, to poetry slams, to prose monologues, it came into popularity in the 1970s around the time Gil Scott-Heron recorded “The Revolution Will Not Be Televised.” Speeches by Dr. Martin Luther King, Junior, Booker T. Washington and others in the civil rights movement incorporated elements of oration. In the 1980s, spoken word poetry competitions emerged. In New York, the Nuyorican Poets Cafe on East Third Street was founded in 1973, and is one of the country’s oldest venues for spoken word poetry.

Spoken word is also engaging thousands of young people across the country in expressing themselves and developing leadership skills. One of the nation’s top rated literary arts programs is the nonprofit organization Urban Word NYC, which has ranked among the top 5 slam poetry teams in the nation for each of the past 11 years. They showcase the voices of New York City youth by providing platforms for leadership and teaching critical literacy skills through uncensored writing, college prep and performance opportunities. They’re getting ready for the 18th Annual NYC Teen Poetry Grand Slam on April 16 at the Apollo Theater.

Guests – Urban Word’s chief operating officer Adam Falkner, and Willy Luperon, a young poet and program alum who is currently serving as the organization’s media coordinator.


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Coddling Of The American Mind: Attorney Greg Lukianoff

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

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

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