Law and Disorder September 26, 2022

Chris Hedges: Social Change And Democracy 2022

You can’t have organized activity for social change without democracy. Social change and democracy are bound up with one another. But America is not a democracy. This is by design. It was never intended to be. The founding fathers – there were no founding mothers – wrote a document 245 years ago in Philadelphia that excluded more Americans than it included.

The Supreme Court ruled in the Citizens United case that corporations are people entitled to free speech rights. So they can give as much money as they want to political campaigns. Last month an industrialist gave $1.6 billion to the Republicans. Like Bob Dylan wrote, “money doesn’t talk it swears.“ It is impossible to have a democracy in a country like ours with such vast income and wealth disparity.

The Democratic Party and the Republican Party have a lock on the political process. It is nearly impossible to start a third-party. When Ralph Nader ran the Democrats did everything they could to stop him, launching many lawsuits trying to knock him off state ballots.

Since its founding, the ever-growing effects of unlimited money in elections, the partisan gerrymandering of legislative districts, the fraudulent removal of poor and minority voters from voter registration rolls, reduction in the number of voting locations in minority districts, the unfair advantage given to Canada is favored by corporate America, including America’s corporate media, all combine to leave us with a very unfair and very undemocratic system of governance in America

Guest – Chris Hedges, the most penetrating journalist we have. He once worked for the New York Times and even won a Pulitzer Prize. But he was forced out. He had a show on our RT which was closed down by our government and some 600 of his show “On Contact” were taken off of YouTube.

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The State of Labor Unions And Recent Worker Strikes

For decades now only about 11% of workers in America have been members of unions, whereas previously more than 35% were union members. Various pieces of pro-management legislation and court opinions caused this diminution in union membership and, as a consequence, a weakening of the rights of American workers. But in recent years, as a result of militant fight back efforts by exploited workers in many industries, unions have once again been having some success in organizing efforts at various workplaces, like Amazon, Starbucks, Apple, and Trader Joe’s.

But federal and state laws still create an up-hill fight for those seeking to organize workers into unions, and to win good labor contracts. So today we ask: do these few but growing number of recent labor union victories truly represent a new day for American workers and the unions that serve them? Do these localized labor victories suggest that more and bigger victories for workers are now within reach? Or, have these recent victories been simply exceptions to the still dismal overall state of union organizing in America? Are either of the two capitalist political parties sufficiently committed to advancing the right of workers to organize unions, or is an independent political movement or party needed to make significant union/worker gains? And what about the pending threat of a nation-wide railway worker’s strike? And if the railroad companies and their workers cannot reach a negotiated settlement acceptable to the railway workers, could President Biden step in and use the Railway Labor Act in an effort to prevent a railway strike with its devastating consequences for the U.S. economy?

Guest – Alan Benjamin, long-time union organizer and workers’ advocate. A leader in his own union, he has served on the Executive Council of the San Francisco AFL-CIO Labor Council. He is also one of the principal organizers of the organization known as Labor and Community for an Independent Party, or LCIP.

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Law and Disorder September 19, 2022

CCR And Others Issue Complaint Against U.S. Death By Incarceration

The United States condemns one out of every seven prisoners–or more than 200,000 people– to die in prison, over two-thirds of them people of color. “Death by Incarceration,” or DBI, includes extreme sentences such as life, and life without possibility of parole. DBI violates two treaties the U.S. has ratified, the Convention Against Torture and the Race Convention. DBI “is the devasting consequence of a cruel and racially discriminatory criminal legal system that is designed not to address harm, violence, and its root causes, but to satisfy the political pressure to be tough on crime,” according to a complaint filed with UN special rapporteurs on September 15.

Valerie Kiebala helped bring together organizations including the Center for Constitutional Rights, the Drop LWOP Coalition, and the Abolitionist Law Center, to file the 31-page complaint.

Related Article: Human Rights Groups Urge UN to Call for Abolition of Death by Incarceration by Marjorie Cohn.

Guest – Valerie Kiebala is a writer, organizer, and artist. She is the communications director for Straight Ahead, a nonprofit lobbying organization fighting for the human rights and liberation of incarcerated people. Valerie previously worked as an editorial manager and staff writer for Solitary Watch, a nonprofit organization documenting and exposing the use of solitary confinement across the U.S. Her work has appeared in the Root, the Appeal, Truthout, the Chicago Reporter, and Shadowproof.

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Fog Data Science: Constant Surveillance

Each time we access the internet, we open the door for companies to track our behavior and our location. This information is gathered and sold by data brokers, but not just for the purpose of helping marketers send us targeted ads. Our movement data is also marketed to law enforcement agencies around the nation. State sheriffs, highway patrol, and local police now can trace millions of Americans’ everyday movements dating back several years. One Virginia data broker contracts to sell telephone geolocation data to state and local law enforcement, according to an investigation by the Electronic Frontier Foundation, or EFF.

EFF Staff Technologist Bennett Cyphers led the investigation. He and his team found that Fog Data Science sells access to a database with information about where a person was at any point in time over the past several years. The surveillance isn’t limited to possible crime scenes. It includes homes, churches, workplaces, health clinics—places in which we have constitutionally-protected expectations of privacy.

Guest – Bennett Cyphers is a staff technologist on EFF’s Tech Projects team. He focuses on consumer privacy, competition, and state legislation. He also assists with development of Privacy Badger, a browser add-on that stops advertisers and trackers from secretly tracking your movements.

Hosted by Heidi Boghosian and Marjorie Cohn


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Law and Disorder September 12, 2022

 

Mass Rally Mumia, Assange and Palestine in Berkeley, California September 17, 2022

Veteran socialist and organizer Jeff Mackler initiated a call for a mass rally on September 17, 2022 in Berkeley, California in support of Mumia Abu-Jamal, Julian Assange, and Palestinians. In 1982 radio journalist and Black Panther Mumia Abu -Jamal was wrongfully convicted and sentenced to death for murdering police officer Daniel Faulkner on a Philadelphia Street. He served 28 1/2 years on death row before his sentence was reduced to life in prison. Still in prison, he has served 40 years. An International movement has developed demanding “Free Mumia.”

Award winning Australian journalist and publisher Julian Assange sits in Belmarsh. a maximum security prison in London. In declining mental and physical health,he has been incarcerated for over 1000 days while he awaits extradition to the Northern District federal court in Virginia where he will be tried and certainly convicted of violating the espionage act of 1917. His crime: embarrassing United States by publishing true information about US wars in Iraq and Afghanistan and spying on the American public.

The Gaza Strip imprisons 1 million Palestinians. It is largest open air prison in the world. A month ago the Israeli military killed 49 people, 17 of them children, in military attacks. The weapons were made and supplied by America. North of the Gaza Strip in June in the Israeli militarily occupied territory of the West Bank an Israeli sniper assassinated the beloved veteran Al Jazeera journalist Shireen Abu Akleh who was covering an Israeli army incursion. She had been reporting on the situation of Palestinians In the West Bank for many years.

American ideology has it that our country is a force for good in the world. That it is a democratic society, that it promotes freedom and democracy abroad, and that at home it is a place where hard work leads to success. But the truth is quite different. These myths are increasingly being exposed for what they are.

Recognizing that free journalism is at stake a diverse group of organizations are sponsoring the September 17th mass rally In Berkeley. Mumia will speak via phone. Vincent de Stefano of the Assange Defense Committee will speak. So will Daniel Ellsberg, famous for his release of the Pentagon papers, Susan Schnall, President of Vets for Peace, Mama Pam of Friends of Mumia’s International Family, the great journalist Chris Hedges, Pulitzer Prize winning author Alice walker, and Jeff Mackler among others.

The slogan of the rally is Free Mumia! Free Julian! Free Palestine!

Guest – Jeff Mackler is a founder and leader of the United National Antiwar Coalition (UNAC), hey founder of the Northern California Climate Mobilization, and the national secretary of Socialist Action and it’s two time candidate for the US presidency.

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Analysis: The Taiwan-US Relationship And China

Trips to Taiwan, by Congressional leaders like Nancy Pelosi, followed up by  trips to Taiwan by other members of Congress, has served to push the United States and China closer to a catastrophic conflict. Richard Becker, our guest for this topic today has written, “Pelosi’s decision raises the specter of all-out war between the two world powers. and the consequences of her actions remain to be seen.”

The Biden Administration, which obviously approved of Pelosi’s Taiwan visit, added fuel to the fire by deploying an aircraft carrier off the coast of Taiwan along with accompanying warships.

Pelosi’s argument that the U.S.-Taiwan relationship was based on a shared belief in “self-determination and self-government, democracy and freedom” is ridiculous. The U.S. and other colonial efforts to dismember Taiwan from the rest of China goes back to at least the 19th century. And at the end of World War Two, the U.S. government supported the Nationalist Party of dictator Chiang Kai-Shek in the civil war between his party and the ruling communist party of China; a war that Chiang lost. After Chiang lost that civil war he retreated to the Chinese island of Taiwan, where he ruled as a vicious dictator. Of course, he continued to receive with massive military and diplomatic support from the United States. And even after it was forced to abandon its absurd policy that Taiwan represented the legitimate government of China, the U.S. has maintained its de facto alliance with the regime in Taiwan. And China, which still claims Taiwan as a part of China, has not ruled out eventually bringing Taiwan back under mainland China’s governance, including with the use of force if need be.

Guest – Richard Becker a leader in the Party for Socialism and Liberation. He’s also the Western Regional Coordinator of the ANSWER Coalition, the coalition to end war and end racism; and Mr. Becker is the author of a number of books, including, Storming the Gates: How the Russian Revolution Changed the World, the book,  Palestine: Israel and the U.S. Empire; and the book, The Myth of Democracy and the Rule of the Banks.

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Law and Disorder September 5, 2022

Trump Affidavit Contains Broad-Based Probable Cause of Three Federal Crimes

On August 8, FBI agents seized 33 boxes, containers or items of evidence with more than 100 classified records from Donald Trump’s Mar-a-Lago compound. They included information classified at the highest levels. The Department of Justice had applied for the search warrant after Trump stonewalled them for seven months.

A federal judge found probable cause to believe that agents would find evidence of three federal crimes at Mar-a-Lago. They include a violation of the Espionage Act, which has recently been used to prosecute whistleblowers, publishers and journalists who publicize evidence of government wrongdoing.

Trump claims that the documents are his but in fact they belong to the National Archives. He is seeking the appointment a special master to review the documents for possibly privileged material. Attorney General Merrick Garland will use the seized documents to inform his decision about whether to indict Trump and/or his associates.

Guest – Law and Disorder co-host Marjorie Cohn,  A former criminal defense attorney and professor emerita at Thomas Jefferson School of Law, Marjorie does frequent written and broadcast commentary about these and other legal and political issues.

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Nationalizing The Fossil Fuel Industry

Thomas Hanna has been Research Director for the Democracy Collaborative since 2015, after working for five years as a research assistant to Gar Alperovitz, co-founder of the Democracy Collaborative and well-known historian and political economist. The Democracy Collaborative was founded in 2000 as a research center at the University of Maryland, to develop a theoretical and historical framework for building a truly democratic society, based on the principles of democratic economy, community wealth building and the democratization of ownership.

Hanna’s areas of expertise include public ownership, privatization, local government, democratic ownership and banking. He is the author and editor of a number of books, articles and reports, including Our Common Wealth: The Return of Public Ownership in the United States which was published by Manchester University Press in 2018.

Hanna’s recent article, The Supreme Court is Gutting the Regulatory State. Let’s Look at our Other Options, published in In These Times, provides a fascinating analysis of the historical evolution of the regulatory system in the United States. Since the New Deal and the end of World War II, the use of regulatory legislation has been used to protect capitalism, based on the notion that “the excesses and injustices of capitalism can be ameliorated primarily through state regulation of private enterprise, rather than large-order shifts in the ownerships of these enterprises.” In his article, Hanna articulately explains how these historical attempts to regulate capitalist power within the context of capitalism is destined to fail because of its own structural limitations.

In the wake of the “existential threat of catastrophic climate change and rising tide of right-wing extremism,” we are seeing – predictably – the explicit dismantling of that regulatory system. Hanna explores the recent rulings from the new right-wing majority on the US Supreme Court, particularly the case of West Virginia v. EPA, in which the court literally kneecapped the agency’s ability reduce the devastating effects of corporate pollution in order to protect private profit and “free enterprise.” Hanna explores an alternative vision of creating a system of economic and political democracy based on public and collective ownership of important assets, enterprises and services, including the fossil fuel industry.

Today’s show is hosted by Heidi Boghosian, Marjorie Cohn, and Julie Hurwitz

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