Law and Disorder September 30, 2019

Power of Attorney: Can Progressive Prosecutors Achieve Meaningful Criminal Justice Reform?

Can progressive prosecutors achieve meaningful criminal justice reform? Returning guest reporter Andrew Cockburn addresses this question in his recent article in Harper’s magazine titled Power of Attorney.

Attorney Dave Clegg, running for the office of prosecutor in Ulster County, has written that prosecutors are the most powerful elected officials people probably know the least about. They are the gatekeepers to the criminal justice system. People don’t realize how the DAs decisions impact people facing the criminal justice system and the long-term consequences suffered by their families and communities.

A DA serves with broad discretion and little oversight. For decades harsh decisions by “tough on crime“ DAs have made the USA the world leader in over-incarceration. Most District Attorney races go unchallenged and DAs can remain entrenched in power for decades. DAs have been active roadblocks to justice reform efforts, transparency, and change.

Hopeful prosecutors with good ideas have been running in cities across the country. What reforms are they advocating? What kind of resistance are they coming up against? The Daily Appeal

Guest – Andrew Cockburn, the Washington editor of Harper’s magazine discusses the appearance of progressives running for prosecutors in cities as diverse as San Francisco California, Philadelphia Pennsylvania, Baltimore Maryland, Queens New York, and Ulster county New York.

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The CIA as Organized Crime: How Illegal Operations Corrupt America and the World

In 1947 Congress passed the National Security Act which led to formation of the National Security Council and, under its direction, the CIA. Its original mandate was to collect and analyze strategic information for use in war. Though shrouded in secrecy, some CIA activities—such as covert military and cybersecurity operations—have drawn public scrutiny and criticism.

In 1948 the Security Council approved a secret directive, NSC 10/2, authorizing the CIA to carry out an array of covert operations. This essentially allowed the CIA to become a paramilitary organization. Before he died, George F. Kennan, the diplomat and Cold War strategist who sponsored the directive said that “in light of latter history, it was the greatest mistake I ever made.”

Since NSC 10/2 authorized violation of international law it also established an official policy of lying so as to cover up the lawbreaking.

Guest – Douglas Valentine, author of The CIA as Organized Crime: How Illegal Operations Corrupt America and the World. Mr. Valentine’s rare access to CIA officials has resulted in portions of his research materials being archived at the National Security Archive, Texas Tech University’s Vietnam Center and John Jay College. He has written three books on CIA operations, including The Phoenix Program which documented the CIA’s elaborate system of population surveillance, control, entrapment, imprisonment, torture and assassination in Vietnam. His new book describes how many of these practices remain operational today.

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Law and Disorder September 23, 2019

When at Times the Mob Is Swayed, A Citizen’s Guide to Defending Our Republic

Trump was elected by about 25% of the eligible voters. Half of the voters who could have, didn’t vote. He lost the popular election by 3 million votes. Since then, this appalling man has proceeded to aggrandize his power. Backed by large corporations to whom he gave huge tax breaks and for whom he cut regulations, the military to which he just gave a $750 billion budget, a Republican Supreme Court and the right wing media such as Sinclair Broadcasting and Fox News he has maintained a steady base of support in the population.

Increasing a sense of dread has spread across our country, it appears possible that Trump may get reelected. Democracy and the rule of law are increasingly threatened.

Guest – Constitutional Lawyer, Burt Neuborne is the former legal director of the American Civil Liberties Union and has argued many cases before the US Supreme Court. Attorney Neuborne’s book “When at Times the Mob is Swayed” has been recently published by the New Press. He is currently the Norman Dorsen Professor of Civil Liberties at NYU School of Law.

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Prominent Environmental Activist Maggy Hurchalla Loses Appeal Of 4.4 Million Dollar Jury Verdict

Issues of the environment, citizen advocacy, and the public’s right to know are converging in two South Florida court cases. One involves 78-year-old Maggy Hurchalla, a former Everglades Coalition’s Conservationist of the Year and winner of a National Wetlands Award from the Environmental Law Institute. Now she owes a developer $4.4 million for speaking out about a critical local environmental issue.

In 2012 Hurchalla learned that Lake Point Restoration was considering conveying water to West Palm Beach for a fee. She complained about the company’s operation in emails to Martin Country commissioners and after Lake Point lost out on some contracts. Lake Point claims Maggy lied and was intent on hurting the company.

In a second related case, the nonprofit Everglades Law Center requested a transcript of a closed door meeting of South Florida Water Management’s governing board. The response? They were hauled into court, with Maggie Hurchalla added to the lawsuit.

Guest – Professor Richard Grosso, director of environmental and land use practice at NOVA Southeastern University. Professor Grosso is a widely recognized legal expert, practicing attorney and policy advocate, with over 30 years of experience litigating and advocating on statewide and south Florida environmental issues.

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Law and Disorder September 16, 2019

Amazon Ring Of Surveillance

When it comes to e-commerce, the multinational tech company Amazon.com has laid claim to a huge corner on the market. Now, it’s venturing into the business of surveillance.

Amazon is aggressively pursuing law enforcement partnerships. More than 400 police departments across the nation have already joined forces with the tech giant’s so-called smart doorbell program, called Ring. Part of Amazon’s outreach strategy in gaining new police partners is to play on fears of increasing property crime.

Ring doesn’t just show you who is at your door. It films and records any interaction or movement at owners’ doors, then alerts users’ phones. With partnerships between mega corporations and law enforcement to use new surveillance systems in the public–leaving out community input–come a host of civil liberties concerns, including racial profiling.

Guest – Matthew Guariglia of the Electronic Frontier Foundation. Matthew is a policy analyst working on issues of surveillance and privacy at the local, state, and federal level. He is a frequent contributor to the Freedom of Information-centered outlet Muckrock and his bylines have appeared in the Washington Post and Motherboard.

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North of Havana: The Untold Story of Dirty Politics, Secret Diplomacy, and the Trial of the Cuban Five

North of Havana: The Untold Story of Dirty Politics, Secret Diplomacy, and the Trial of the Cuban Five is the recent publication by our guest attorney Martin Garbus.

This case was one of the most significant ones in recent times. Attorney Len Weinglass had originally taken the case to appeal the matter for already convicted Cuban Five. The appeal was ultimately lost. Weinglass died and his dear friend our guest Martin Garbus stepped in to what looked like a lost cause. Four of the five men were in prison serving long sentences.

Cuba had been an American colony up until 1959 when the widely popular Cuban revolution succeeded in gaining the country’s independence from the USA.

To reverse this has been American policy ever since. The Helms-Burton Act was a counter- revolution as an American government policy written into American law.

Martin Garbus started representing Cuban Five member Gerardo Hernandez who at the time had then been found guilty of conspiracy to commit espionage against United States sometime in the future as well as murder.

Hernandez and his four comrades had been sent from Cuba to Miami by the government of Cuba to spy, not on the United States, but on the counter-revolutionary Cubans in Miami who were launching terrorist activities from Florida directed at persons and property in Cuba, attempting to sabotage the Cuban tourist economy which was in bad shape when a new Russian government cut them off.

The Cubans gathered information on the Miami-based terrorists, compiling a lengthy dossier on their murders activities, and turned it over to the FBI. They asked the US government to stop the terrorists, who were targeting the Cuban tourist industry by planting bombs at the Havana Airport, on buses, and in a hotel, killing an Italian vacationer. But instead of stopping the terrorists the US government used the dossier to figure out the identities of the Cuban five. They were arrested, prosecuted, convicted, and sentenced long prison terms.

While the Cubans were in Miami, a group of counter-revolutionary Cubans calling themselves “Brothers to the Rescue” were provocatively flying small planes over Havana dropping anti-Castro leaflets. They were warned by the Cuban government that if they persisted the planes will be shot down. They persisted. The planes were shot down. Hernandez was convicted of murder although he had no prior knowledge about the shoot down.

Guest – Martin Garbus is one of our great trial lawyers. He has appeared before the United States Supreme Court on leading First Amendment and constitutional law cases.

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Law and Disorder September 9, 2019

  • Updates: Host Reunion: Epstein Update

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CCR Update With Legal Director Baher Azmy

Three years ago Donald Trump ran on a racist nativist platform scapegoating Muslims and Mexicans. He lost the popular vote but won the election through the electoral college and began implementing his scapegoating. First he banned Muslims because the Supreme Court ignored his campaign statements and ruling that he had a right to do it under national security.

The Trump policy has been deliberately cruel, separating children from families, caging immigrants in cold cement floored cells, rightly called concentration camps, and now attempting to deny non-citizens who are here illegally, medical care and other benefits.

Guest – Attorney Baher Azmy legal director of the Center for Constitutional Rights. The CCR is involved in a number of cases seeking to protect immigrants. We will also speak with Attorney Azmy about the current status of the offshore prison island in Guantánamo Bay Cuba and the men who are trapped there in limbo, who have yet to receive trials. Last, we will speak with him about the Al Shamari v. CACI case where the US government farmed out torture to a private corporation.

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Update: Venezuela Under Economic Embargo

In the midst of escalating U.S. aggression toward Venezuela, antiwar activist Gloria LaRiva recently spent a month in that country to observe firsthand the impact on its people.

Gloria joins us today to discuss the crucial issues facing Venezuelans: the U.S. economic sanctions, the U.S. media blockade, and the people’s organizing efforts to overcome the aggression. She’ll talk about the Bolivarian revolution, and how Venezuela is holding up under an economic embargo. https://www.answercoalition.org/

Guest – Gloria LaRiva is an American socialist activist with the Party for Socialism and Liberation and the Peace and Freedom Party. She ran for president in 2008 and again in 2016 with Eugene Puryear and Dennis Banks as her running mates. She has been a driving force in the campaign to Free the Cuban Five and a longtime friend of Law and Disorder. Liberationnews.org

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Law and Disorder September 2, 2019

The Movie SKIN and One People’s Project

In the recently-released 2019 movie SKIN, skinhead Bryon Widner’s body is covered in racist tattoos, each marking a hate crime he committed. His parents Shareen and Fred “Hammer” Krager, run a kind of camp that recruits and trains young men—often lost and hungry–to become white supremacists.

Bryon meets and falls in love with single mother Julie Price. When he begins to realize he wants to give up his hateful habits, he faces a host of difficulties, one of which is the long and painful process of removing many of the hate tattoos that cover his body.

The film follows writer-director Guy Nattiv’s Oscar-winning short film of the same name. In the narrative version, actor Mike Colter plays the film’s true hero, Daryle Lamont Jenkins, who has devoted his life to helping people escape neo-Nazi groups.

Guest – Daryle Lamont Jenkins, founder of One People’s Project, is able to join us in the studio today. Since 1988 Daryle has been documenting and writing about right wing individuals and organizations even back while he was serving as a police officer in the U.S. Air Force. In 2000, he founded One People’s Project out of a counter-protest to a rally in Morristown, NJ. The organization quickly gained the reputation of publicly documenting hate groups and their activities.

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Reforming Sex Offender Laws

The U.S. legal system and sentencing practices rely too often on emotion rather than facts when it comes to defendants with developmental disabilities charged with sex offenses. Sentences for possessing child pornography are severe, and don’t take into account a defendant’s lack of awareness or inability to understand the societal values being punished. This is true for individuals on the autism spectrum whose social intelligence quotient may lag their intelligence quotient.

Two professors want to change that.

St. Francis College professor Emily Horowitz and co-editor and law professor Larry Dubin make the case for reform in their book Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses.

Guest – Professor Emily Horowitz discusses her book and work related to sex offender laws in the United States. Dr. Horowitz is chair of the Department of Sociology and Criminal Justice at St. Francis. She is the author of Protecting Our Kids? How Sex Offender Laws Are Failing Us and founder and co-director of the St. Francis Post-Prison program. Her research on the sex offense registry been widely cited.

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