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Law and Disorder is a weekly independent civil liberties radio program airing on more than 150 stations and on Apple podcast. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.

Law and Disorder March 2, 2026

 

Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance

Civil liberties attorney Cindy Cohn is widely recognized as one of the leading voices on digital freedom in the United States. As she prepares to step down as executive director of the Electronic Frontier Foundation, or EFF, she leaves behind a 25-year legacy at the forefront of the fight for online rights. Over the years, she has helped shape some of the most important debates around encryption, government surveillance, and freedom on the internet.

Cohn first rose to national prominence in the 1990s as lead counsel for the EFF and PhD student Daniel Bernstein in Bernstein v. Department of Justice. That was the landmark case establishing that computer code is protected speech under the First Amendment. During the height of the so-called “crypto wars,” that decision helped free encryption from government control and shaped the security of the modern internet.

As legal director, and then as executive director, at EFF, Cindy has led major legal challenges to NSA mass surveillance. She as defended independent security researchers, fought government overreach justified in the name of national security, and pushed back against expanding corporate data collection. A central voice at the intersection of law and technology she has shaped debates over encryption, privacy, online speech, and civil liberties in the digital age. Her new book, Privacy’s Defender, published by MIT Press, reflects on those battles and what comes next.

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Furious Minds: The Making of the MAGA New Right

By all that is right and just, we will be rid of Donald J. Trump as President of the United States on January 20, 2029. But we will not be rid of the tremendous damage he is causing to our country. And we will not be rid of the cruel, populist, racist, White Christian, patriarchal, and nationalist MAGA New Right ideology that now dominates the Republican Party. Even after Trump decamps to Mar-a-Largo, MAGA will continue to pose an existential threat to our constitutional democracy.

We need to fully understand that there is an extensive, well-financed ideological structure made up of think tanks, publications, university institutes, and PhDs, that provide an intellectual patina to this dangerous movement. Unless the pro-democracy resistance exposes and dismantles the MAGA New Right, it will find replacements for Trump and will continue to wreck havoc, destroying the lives of people in the United States and around the world.

Guest – Laura K. Field is the author of the revealing new book Furious Minds: The Making of the MAGA New Right. Field holds a PhD in government from the University of Texas at Austin, and has written for The New Republic, Politico, and The Bulwark. Field’s exposure of the ideological foundations of the MAGA New Right is based on copious research and her own experiences while she was embedded in that movement. She says she is grateful she “extracted” herself from that world as she saw how untethered the mostly privileged male purveyors of MAGA’s dangerous tenets are from the everyday struggles of real people. She realized how dedicated they are to eliminating the hard-fought advances our pluralistic society has won based on the values of equality, compassion, and justice.

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Law and Disorder February 23, 2026

Chris Hedges: Assessing The Political Landscape In 2026

What we are going to do in this segment of today’s Law and Disorder is learn the thinking of our guest on the following questions. Is there a meaningful ceasefire in Gaza? When will the Palestinians have their own sovereign nation? Is it reasonable to still designate America as a democracy? Is President Trump an authoritarian and would-be dictator? Is it quite possible that the 2026 mid-term elections will be cancelled or so demeaned as to be totally unrepresentative of the true will of the American people?

Guest – Chris Hedges is a Pulitzer Prize winning journalist and author, and the former Middle East correspondent for the New York Times. Among his more than a dozen books are American Fascism: The Christian Right and the War on America; The Greatest Evil Is War; and A Genocide Foretold: Reporting on Survival and Resistance in Occupied Palestine. Chris Hedges is also one of the contributors to the book titled From the Flag to the Cross: Fascism American Style, a book composed of summaries of interviews with guests here on the Law and Disorder radio show, and available for purchase at O/R Books.

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Crossing Hitler: The Man Who Put the Nazis on the Witness Stand  Michael Ratner Benjamin Hett

Crossing Hitler: The Man Who Put the Nazis on the Witness Stand

Hitler’s fascist organization came to power in Germany. It employed the violence of Hitler’s storm troopers. There is a parallel today with President Trump’s administration and the MAGA people employing the violence of ICE to terrorize people in our large cities. Hitler tried unsuccessfully to distance himself from the violence of the storm troopers. He was not successful because of the brilliant cross examination by German attorney Hans Litten, who put Hitler on the stand and subjected him to a devastating three hour cross examination. Today we re-broadcast Law and Disorder founding cohost attorney, Michael Ratner’s interview with Benjamin Carter Hett, the history professor who wrote the book Crossing Hitler: The Man Who Put the Nazis on the Witness Stand.

Author Benjamin Hett outlines the fascinating and tragic story of a young lawyer Hans Litten in his recent book Crossing Hitler: The Man Who Put the Nazis on the Witness Stand. Before the Nazis rose to power in the early 1930s, they incited calculated violence among the working class in German taverns. Four Nazi stormtroopers were charged with firing randomly into a dance hall where a communist hiking club were holding a party. Three young men were wounded. Hans Litton was the advocate for the 3 men.

Hans Litten called Hitler to the witness stand to show that the Nazi party was a violent party, and by cross examining Hitler he tried to prove that. Litten forced Hitler to contradict himself, reducing him to humiliating rage that revealed his true intention. At that time, Hitler wanted to be a legal party in Germany and of course you couldn’t be a party that was extra-constitutional and legal but at the same time he didn’t want to disappoint the base of his party which was this violent working class aspect. Two years later, the Nazi Party rose to power.

What came after the Reichstag Fire was the arrest of about 5 thousand people across Germany who the Nazis have identified as opponents or potential opponents. Hans Litten was among them and sent to a concentration camp. Author Benjamin Hett describes a powerful narrative of Hans facing torture yet still telling stories and teaching art to other prisoners. Hans Litten was born in 1903 in Halle in Central Germany, his father was a law professor and Jewish but converted to German evangelical (Lutheran).

Guest – Benjamin Hett, author of Crossing Hitler: The Man Who Put the Nazis on the Witness Stand. Hett is a former trial lawyer, and now Associate Professor of History at Hunter College.

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Law and Disorder February 16, 2026

On Friday, following the taping of this show, the UK High Court ruled that the ban on Palestine Action, which we examine, was unlawful.

Our guest Fahad Ansari released this statement: “With jurors repeatedly refusing to convict individuals for smashing up Israeli weapons factories and now the High Court quashing the government’s proscription of a group dedicated to that goal, it is evident that the British public overwhelmingly opposes Britain’s support for Israeli genocide.”

British Movement Lawyer Exposes Being Targeted By Senior Politicians and Cointel Police

When repressive governments around the world attack their own people and liberal democracies fight back, some of the first responders are movement lawyers. Unlike cowardly law firms that capitulate in advance, as we have seen here in the United States, movement lawyers work hand-in-hand with activists not merely challenging what the government is doing but putting the government itself on trial.

The roots of movement lawyering in the United States can be traced back to the civil rights movements of the 1960s and 1970s, where lawyers challenged laws that upheld segregation and other forms of discrimination. These lawyers used the legal system not just as a passive tool but as an active agent of change. They helped litigate landmark cases that desegregated schools, secured voting rights, dismantled discriminatory laws, challenged draft laws and questioned the legality of the Vietnam War.

The founders of this program Law and Disorder, Michael Ratner, Michael Smith, Jim Lafferty, and Heidi Boghosian are all prominent movement lawyers. But movement lawyers are not confined to the United States.

Guest- Fahad Ansari, is a senior civil liberties solicitor based in London. As a movement lawyer, he developed a niche in representing individuals and communities affected by counter-terrorism legislation, state surveillance, and discriminatory policing. His career has been defined by taking on some of Britain’s most sensitive cases including representing those stripped of their citizenship on grounds of national security and representing Hamas in its 2025 application to be removed from the British government’s list of proscribed terrorist organizations.

The Hamas case resulted in Ansari being smeared by senior politicians and targeted by British counter-terrorism police and the government agency that regulates the practice of law in the UK.

On August 6, 2025, Ansari was stopped by officers at the port of Holyhead as he returned from a family holiday in Ireland with his wife and four children. Ansari said the bulk of the questioning was about Palestine Action, a group recently proscribed under the Terrorism Act. He was also asked about Hamas but refused to answer, citing client confidentiality. Ansari said he was held by police for three hours, fingerprinted, photographed and swabbed for DNA and told to remove his face ID and pin from his phone or face arrest. The following day, the contents of his phone were copied by the police.

Ansari said that “In the decade that I have been involved in national security cases, I have never heard of lawyers in England being targeted to this extent because of their clients. Some have complained that representing Hamas brings the profession into disrepute. Yet, what really undermines the integrity of the profession is when unpopular clients are unable to secure legal representation because of fear of public opprobrium and state intimidation.”

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Michigan Movement Lawyer Mark Fancher 

As we celebrate Black History Month, conversations often drift toward a comfortable, sanitized narrative of progress. But our guest today, Mark Fancher, has spent his career in the uncomfortable spaces where the struggle for racial justice remains ongoing, contested, and— for far too many communities—urgent.
Mark recently retired as Senior Staff Attorney with the Racial Justice Project of the ACLU of Michigan. But his commitment to justice did not begin there. A longtime leader in the National Conference of Black Lawyers and an active member of the National Lawyers Guild, he has devoted decades to challenging the systems that produce inequality—not merely documenting them.

In Michigan, those systems are stark, and those injustices are often enforced by the badge. Black residents comprise roughly 14 percent of the state’s population, yet account for nearly half of those incarcerated. That disparity is not incidental. It reflects policies, practices, and policing strategies entrenched over generations. Mark has litigated the human consequences behind those numbers—from confronting a culture of brutality in the City of Taylor, which he described as functioning like an “occupying army,” to defending Black officers such as Johnny Strickland, who faced retaliation within their own departments for speaking out.

Mark is no stranger to the friction that truth-telling provokes. More than a decade ago, at a “Unity Breakfast” in Muskegon, his remarks about white privilege and police misconduct prompted audience members to walk out. He was labeled “divisive.” But as Mark reminded them then—and reminds us now—Dr. King did not preach comfort. He taught the oppressed to confront injustice without fear and without retreat.

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