Law and Disorder February 24, 2025

Lawyers Defending American Democracy

The early days of the Trump administration have ushered in a series of assertive executive orders that are rapidly reshaping the federal landscape. While new administrations typically bring change, most Americans expect such shifts to respect the rule of law. Project 2025, however, diverges from legal norms, challenging birthright citizenship, dismantling crucial federal agencies like USAID without congressional approval, and attempting to criminalize support for lawful diversity and anti-bias initiatives.

Today’s guest is Lauren Stiller Rikleen, Executive Director of Lawyers Defending American Democracy. She argues that the media has inadequately covered the full scope of Project 2025’s goals. While the boldness of presidential actions has shocked many, these plans were outlined in the Project’s Mandate for Leadership. Trump’s executive orders threaten protections for workers and marginalized communities and undermine checks and balances that ensure government accountability.

Through these executive orders, the administration is unabashedly aligning the government with conservative ideals at the expense of civil rights and environmental protections. Presidential power is being centralized while erasing decades of legal safeguards against discrimination and environmental harm.

Guest – Lauren Stiller Rikleen is author of four books and editor of the 2023 anthology Her Honor—Stories of Challenge and Triumph from Women Judges, she is also an active member of the American Bar Association. She serves as vice-chair of the Advisory Commission to the Task Force on American Democracy, vice-chair of the Advisory Council to the DEI Center, and co-chair of the Women’s Caucus.

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Trump Executive Orders Dismantle DEI, Critical Race Theory

We are experiencing Donald Trump has launched his second term as President with an avalanche of Executive Orders as part of a calculated Shock and Awe strategy to take over the federal government in defiance of the Constitution, Congress, and maybe even the Supreme Court. One of the most dangerous aspects of that scheme is his plan to dismantle well-established programs and policies that encourage Diversity, Equity, and Inclusion, known as DEI, in American society in general and in education in particular; to ban the teaching of Critical Race Theory; and to either totally eliminate the Department of Education or at a minimum strip it of its key functions and funding.

The Department of Education was established by an Act Congress in 1979, signed by President Jimmy Carter. The Department of Education says its elementary and secondary programs serve more than 50 million students in about 98,000 public schools and 32,000 private schools. It also provides grants, loans, and work-study assistance to more than 12 million post-secondary students.

According to Becky Pringle, the president of the National Education Association, Trump’s expected Executive Order to abolish the Department of Education, if it becomes a reality, “would steal resources from the most vulnerable students, explode class sizes, cut job training programs, make higher ed more expensive and out of reach for middle class families, take away special education services for students with disabilities, and gut student civil rights protections.”

A bill has been introduced in the House of Representatives to eliminate the Department of Education, though since it would require 60 votes in the U.S. Senate to do so, it is unlikely to pass.

Christopher Rufo, a Senior Fellow at the conservative Manhattan Institute, writing in its publication, City Journal, spells out rather clearly why the Right is so determined to shut the department down. After pointing out the areas of its work, Rufo says it engages in “ideological production, which includes an array of programs, grants and civil rights initiatives, and third-party NGO’s that create left-wing content to push on local schools.” And he refers to the Department of Education over-all as “a hotbed of left-wing ideologies.”

Trump has yet to issue his Executive Order on this matter, but he’s already said he wants to put the Department of Education out of business, and transfer some of it duties to other departments.

And so today we spend our entire hour looking at the legality of Trump’s plans to target DEI, Critical Race Theory and the Department of Education and, if he is successful, what will be lost and what it is likely to mean for the state of education in America.

Guest – Stephen Rohde is a civil rights activist, author, and constitutional scholar. He practiced civil rights law for almost 50 years. He currently serves as chair of the Interfaith Communities United for Justice and Peace (aka ICUJP), which was formed in the wake of 9/11 for the purpose of organizing faith-based communities to call for an end to war and violence. He is also a past President of the ACLU Foundation of Southern California, and past Chair of Death Penalty Focus, and Bend the Arc: A Jewish Partnership for Justice. Despite that long list of affiliations, today he’s not speaking on behalf of any of those organizations.

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Law and Disorder January 27, 2025

The First Amendment And TikTok

On January 17, for the first time in modern American history, a unanimous US Supreme Court upheld a sweeping prior restraint on free speech imposed by Congress banning over 170 million users in the United States from having access to the popular social media platform TikTok that the Court itself admitted “allows users to create, publish, view, share, and interact with short videos overlaid with audio and text.” In 2023 alone, U. S. TikTok users uploaded more than 5.5 billion videos, which were in turn viewed more than 13 trillion times around the world. The avoid the ban, the law requires TikTok’s parent company, the China-based ByteDance, to divest its ownership.

From January 18 to 19, the ban was in effect for about 12 hours until Donald Trump tweeted that as President he would grant a stay of execution, pending a potential sale of TikTok. It was only 12 hours some may say, but it is estimated that during that time the ban blocked 6,750,000 videos that would have been viewed over 178,000,000 times worldwide. The ban is easily the most extensive act of censorship in human history.

Shortly after he was sworn in, Trump signed an Executive Order purporting to suspend the ban for 75 days. Serious questions have been raised whether Trump’s order is legal and enforceable. And despite his order, Apple and Google have still not reinstated TikTok at their stores preventing new subscribers from accessing TikTok.

Meanwhile, the First Amendment rights of 170 million TikTok users hang in the balance.

Guest – Ramya Krishnan is a senior staff attorney at the Knight First Amendment Institute at Columbia University and a lecturer in law at Columbia Law School. Her litigation focuses on issues related to government transparency, protest, privacy, and social media. Ramya co-authored the Knight Institute’s amicus brief in TikTok. v. Garland, one of the lawsuits challenging the constitutionality of the TikTok ban which resulted in the Supreme Court’s decision. Read Amicus Brief

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Federal Court Rejects Attempt To Remove Ethnic Studies Curriculum

As Israel’s war in Gaza and the West Bank rages on, the free speech battles here in the United States continue with Congress, state legislatures and college administrators trying to silence pro-Palestinian protests by conflating criticism of Israel with the odious epithet of “antisemitism.” Pro-Palestinian groups are being banned, students are being disciplined, and faculty members are being suspended and fired.

But last November, there was some hopeful news when a federal court rejected attempts by Jewish parents and teachers to remove an ethnic studies curriculum from the Los Angeles Unified School District that they had labelled “antisemitic” and “anti-Zionist.”

On November 30, 2024, in a 49-page ruling, U.S. District Judge Fernando M. Olguin wrote that a system of education “which discovers truth out of a multitude of tongues” must allow teachers and their students “to explore difficult and conflicting ideas.” He added that “we must be careful not to curb intellectual freedom by imposing dogmatic restrictions that chill teachers from adopting the pedagogical methods they believe are most effective,”

The ruling represents a welcome rebuke to the efforts of Republican state legislators and conservative parent groups to try to restrict the teaching of comprehensive American history in public schools, to ban books that examine that history as well as racism, sexism, and LGBTQ issues, and to eliminate programs that seek to ensure diversity, equity, and inclusion in American education.

In 2022, a group calling itself “Concerned Jewish Parents and Teachers of Los Angeles,” comprised of what the lawsuit calls Jewish, Zionist teachers and parents of students sued the Los Angeles Unified School District; United Teachers of Los Angeles; its president Cecily Myart-Cruz; the Liberated Ethnic Studies Model Curriculum Consortium; Theresa Montaño, the Consortium’s secretary; and Guadalupe Carrasco, its co-founder.

To discuss the important free speech and academic freedom issues involved in this case, we’ve invited the lawyer who represented the ethnic studies curriculum, Ms Montano and Ms Carrasco.

Guest – Mark Kleiman is a former activist and organizer and a long-time civil rights and human rights attorney. With extensive experience in whistleblower protection, he has brought cases that exposed massive fraud against public programs and has forced drug companies, nursing home chains, and defense contractors to repay hundreds of millions of dollars. Since 2019 he has devoted thousands of hours to defending activists, scholars, and students who have been attacked for their defense of Palestinian human rights.

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Law and Disorder April 29, 2024

Nationwide Peaceful Protests Against Genocide In Palestine

Around the nation, peaceful campus protests against the Israeli genocide of Palestinians in Gaza are spreading. And they’re meeting with a rash of arrests by local police departments, dozens of school suspensions, and evictions from student dormitories. Many of those evicted have been students of colors, students with disabilities, and first-generation students. In New York, the NYPD arrested 108 students at Columbia University, and gave them 14 minutes to gather their belongings and leave their dormitories. New York University erected a plywood wall around Gould Plaza, an outdoor campus space in Greenwich Village, where police had earlier arrested protesting students.

All this because they took part at the large protest. Officials at Harvard University closed Harvard Yard in anticipation of possible protests and suspended the student group Palestine Solidarity Committee. Police arrested 9 students at the University of Minnesota for their refusal to dismantle a pro-Palestinian encampment. The California campus of Cal Poly Humboldt was shut down after students occupied a building. Shutitdown4Palestine.org

In an April 23 letter to the New York Times, nearly 60parents of students at Columbia and Barnard, from a variety of religious faiths ad social backgrounds wrote that they “find the actions taken by the administration deeply troubling and contrary to the principles of liberty, justice and academic freedom that are fundamental to the mission of higher education.”

Guest – Brian Becker is the director of the Answer Coalition, a founder of the Party for Socialism and Liberation, and host of The Socialist Program.

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Julian Assange Extradition Case Update

Regarded by many as the greatest journalist of our generation for exposing American war crimes Julian Assange is about to be extradited at America’s request to a federal criminal court in Virginia to be tried for his journalistic activities which exposed extensive murderous American crimes and embarrassed US government particularly the CIA.

Julian was a young computer genius in Australia. He figured out a way to receive information from whistleblowers anonymously. This was done in order to protect them when his publication company WikiLeaks revealed to the world the activities of the CIA, the American military and U. S. diplomats.

As published by WikiLeaks the Vault Seven revelations exposed the CIA had developed technologies to turn our cell phone into listening devices, even when turned off and tap our personal computers, and even control our automobiles. WikiLeaks exposed American torture in Afghanistan. They published a video of an American gunship helicopter murdering Iraqi civilians, even children, and two Reuters journalists on the streets of Baghdad.

Julian was given political asylum in the Ecuadorian embassy in London, where he holed up for seven years. Then five years ago the British police at America’s request removed him from the embassy and put him into solitary confinement in the notorious Belmarsh Prison.

Now the United States has succeeded in getting a compliant British court to extradite Julian , despite the law, preventing extradition of political prisoners, especially to a country that has the death penalty, and no guarantee of free speech for foreigners.

Guest – Vincent De Stefano is the National Organizing Director of the U.S. Julian Assange Defense Committee. Mr. De Stefano is on the Southern California ACLU board of directors and executive committee and he has worked with Amnesty International for more than four decades.

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Law and Disorder May 8, 2023

 

Guilty of Journalism

The pending criminal case against journalist Julian Assange is the most significant far reaching First Amendment matter in our lifetime. It will have, in fact it already has had, an impact on publishing and journalism. This is so because it constricts our freedom to know as well as journalists and publishers freedom to publish.

Our government functions as the executive committee of the ruling rich. It intends to keep it this way, in the words of the great civil rights attorney William Kunstler, “by any means necessary and for as long as possible.”

If as is likely the imprisoned journalist Julian Assange is extradited at America’s request from his solitary prison cell in London’s Belmarsh prison where he has been kept for four years and sent to Virginia to be tried for espionage he will be certainly be convicted and sentenced to life in prison.

His victimization is being accomplished under the 1917 Espionage Act, a law originally put into place during World War I to imprison spies. It is now used to get truth tellers like Julian Assange silenced.

Julian Assange Fact Sheet: Why Julian Must Be Freed

Guest – Kevin Gosztola who more than anyone has covered the whistleblower situation since he attended the court martial trial of Sergeant Chelsea Manning. Manning was convicted of giving government secrets to Julian Assange. Kevin Gosztola‘s book “Guilty of Journalism “was published by Seven Stories Press and Censored Press last month.

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Attorney Stephen Rohde: A Set Of Ideas Under Threat

American history has been marked by ongoing conflicts between those who are seeking an open, equal and inclusive society and those who cling to the racist origins of the United States and seek to literally whitewash that history and perpetuate white privilege.
We find ourselves in the midst of one of those conflicts today.  The right of Black people to learn their own history is being denied them. The same is true of anyone who is not heterosexual.

The teaching of critical race theory is increasingly disallowed. The study of human sexuality in schools is being obliterated.  Books are being banned in record numbers, and curricula is being rewritten to conform to a sanitized version of American history.  Seven states, including Florida, Tennessee, Oklahoma and Utah, have already passed laws limiting materials in libraries…and at least 113 bills are pending across the country that would negatively impact libraries or curtail peoples’ freedom to read.

As Jonathan Friedman, the Director of free expression and education at PEN America, a free speech organization said, “People need to understand that it’s not a single book being removed in a single school district, it’s a set of ideas that are under threat just about everywhere.”

Guest – Stephen Rohde is a noted constitutional scholar and activist. He is the past Chair of the ACLU Foundation of Southern California; the founder and current Chair of Interfaith Communities United for Justice and Peace; the author of American Words of Freedom, and of Freedom of Assembly. Steve Rohde is a regular contributor to TruthDig as well as the Los Angeles Review of Books.

Hosted by attorneys Michael Smith and Jim Lafferty

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Law and Disorder May 11, 2020

Library Freedom, TOR And Right To Privacy

Libraries in this country have long been sanctuaries in which to read, think, dream and pursue intellectual pursuits free from judgment or outside intrusion. But historically outside forces HAVE tried to intrude on this sanctitude. During the Cold War, for example, librarians exposed the FBI’s efforts to recruit library staff to spy on certain patrons, especially Russians, through the so-called Library Awareness Program. And after the attacks of September 11, 2001, the USA Patriot Act’s Section 215 has often been dubbed the “library provision” because it allows patron’s library records to be accessed and monitored by law enforcement agencies without a warrant.

In 2015 Law & Disorder reported on a New Hampshire Library that installed the Tor relay node to allow patrons to privately browse computers. Tor is anonymizing software that lets users conduct online searches without being monitored. Soon after, the Department of Homeland Security contacted local officials who visited the library, warning that Tor could aid criminal behavior.

Alison asks to please visit your local library website and facebook pages to increase their usage metrics which in turn help when applying for funding.

Guest – Alison Macrina was one of the people responsible for the New Hampshire library’s privacy tools. Alison is a librarian, privacy rights activist, and the founder and director of the Library Freedom Project, an initiative that helps educate 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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Julian Assange Extradition Update

Wikileaks founder Julian Assange’s extradition hearing began in January but is on hiatus at least until September 2020. At the January appearance, the prosecution pleaded for the media to stop characterizing the US effort as a politicized war on journalism. In response, Julian’s defense provided a comprehensive summary of the many reasons that journalists and human rights activists have called Julian’s indictment a threat to a free press.

James Lewis argued for the Crown Prosecution Service, which acts on behalf of the United States in its extradition request. Lewis explicitly asked journalists covering the case not to report that it represents a matter of free speech or the right to publish. Lewis depicted the indictment as solely a matter of exposing informants in the Iraq and Afghanistan war logs and the State Department cables.

Julian’s defense lawyer Edward Fitzgerald detailed how extradition proceedings constitute an abuse of process. He asserted that they have been brought for ulterior political purposes, as an attack on freedom of speech, and fundamentally misrepresent the facts in order to extradite Julian to the US, where he faces torture, unusual and degrading treatment.

Guest – NYC attorney Nathan Fuller, Executive Director of the Courage Foundation

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Law and Disorder June 18, 2018

 

Mark Crispin Miller – Julian Assange, Voter Fraud and Fake News

WikiLeaks founder the truth telling publisher Julian Assange is in escalating danger of being sent from England to America where he would likely be tried for espionage, a crime that carries the death penalty.

Assange and WikiLeaks have revealed American war crimes in the middle east, CIA global machinations , and the work of Clinton Democrats in preventing the popular Bernie Sanders from heading up the party ticket.

Assange is presently holed up in the Ecuadorian embassy in London where he was granted political asylum six years ago by past leftist president Rafael Correa. But now, with the change of presidents in Ecuador, Assange has been cut off from the outside world. He has no phone, no computer, and no visitors.

The fresh offensive against him occurred the day after American General Joseph DiSalvo, the head of the US Southern Command, the Pentagon’s arm in Latin America, visited the new right wing Ecuadorian President Lenin Moreno. Moreno has said that Assange is “an inherited problem” and is seeking s better relationship with the United States government, to whom he has already granted a military base.

Guest – Mark Crispin Miller who is a professor of media studies at New York University. Professor Miller has frequently spoken about media propaganda, the engineering of consent for empire, fake news, and the destruction of the independent press. He has been awarded a Guggenheim Fellowship for the humanities and is a vigorous defender of Julian Assange and WikiLeaks.

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CCR Delegation To Israel

Like the USA, Israel is a colonial-settler state which, beginning in 1948, 70 years ago, expelled 750,000 native Palestinians, took their land, homes and businesses, and reduced those who remained to abused second class citizens, not unlike what was done to native Americans by white settlers in the USA. Their land was stolen, their tribes uprooted, and their culture practically destroyed.

In 1967 Israel expanded further, militarily occupying Palestinian territories to their north, east, and south, including East Jerusalem.

Last month Attorney and Columbia law professor Katherine Franke, the Chair of the Board of Trustees of the CCR, along with Attorney Vince Warren, the CCR’s Executive Director, headed up a 20 person delegation of American activists who traveled to Israel to report on the human rights situation there. Franke and Warren never made it past the airport in Tel Aviv. They were stopped, questioned , detained for 14 hours, and then deported back to the USA. Franke was told she could never return.

Guest – Attorney Katherine Franke, is the Sulzbacher Professor of Law, Gender, and Sexuality Studies at Columbia University, where she also directs the Center for Gender and Sexuality Law and is the faculty director of the Public Rights/Private Conscience Project. She is a member of the Executive Committee for the Institute for Research on Women, Gender and Sexuality, and the Center for Palestine Studies. She is among the nation’s leading scholars writing on law, religion and rights, drawing from feminist, queer, and critical race theory. She is the author of Wedlocked: The Perils of Marriage Equality. Her next book will be coming out from Haymarket Press in the spring: Repair: Slavery’s Unfinished Business  makes the case for racial reparations in the U.S.