Law and Disorder May 30, 2022

Right Wing Donors Fund Recall Of San Francisco District Attorney Chesa Boudin

Two years ago, attorney Chesa Boudin was elected by the people of San Francisco to reform the criminal justice system in their city. He was specifically chosen to begin reversing the mass incarceration which has been happening since the 1970s. This mass incarceration was a reaction by right-wing forces to the Civil Rights movement. By the time Chesa Boudin was elected, 2.3 million US citizens were behind bars across the country and another 6 million were on probation or parole. The United States has the highest per capita number of people incarcerated and under governmental supervision than any country in the world.

Chesa promised to begin to reverse this outrage. As an opponent of mass incarceration, his campaign emphasized that 75% of the people arrested in San Francisco are either addicted to drugs or mentally ill or both. He developed diversion programs. He got people into drug rehabilitation and/or psychiatric counseling. He emphasized caring not only for those arrested for crimes but especially for their victims.

He sought to and succeeded in making San Francisco a safer city. Now, after two years of Chesa’s service, crime in San Francisco has largely decreased. As Chesa promised, his office has prosecuted police for misconduct and corporate criminals for white-collar crimes.

Right-wing big money forces from outside San Francisco are attempting to recall Chesa Boudin. The vote will take place on June 7 and early voting has already begun. Rich people who don’t even live in San Francisco have played a big role in the campaign. The right-wing strategy for the recall is the use of fear: Fear of change. Fear of crime. Fear of minorities. Fear of unsheltered people living in the streets.

ChesaBoudin.com

Chesa grew up while both of his parents, David Gilbert and Kathy Boudin (who died on May 1st), were in prison serving long terms. He was raised by friends of his parents, Bill Ayers and Bernadine Dohrn, two professors who adopted him and welcomed him into their blended family. As a young boy, he would fly alone to visit his parents and go through the prison metal detector to have a few hours with them in the visiting room. Chesa is one of a number of progressive DA’s in the United States. The right understands that toppling him is critical in their effort to stop and roll back the movement for criminal justice reform.

Guest – District Attorney Chesa Boudin was sworn in as San Francisco District Attorney in January 2020. He’s a Rhodes Scholar who graduated from Yale Law School. After obtaining his law degree, he worked as a law clerk to the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit, and later for the Honorable Charles Breyer of the United States District Court for the Northern District of California.

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Alternative Media Under Censorship And Oppression

PayPal, YouTube, and Facebook are quashing non-main stream reporting and opinion about the war in Ukraine. Alternative media is in danger of even more extensive suppression. Archival videos of Chris Hedges’ RT show “On Contact“ were removed from YouTube after RT was banned. This included two interviews Hedges did with cohost of Law And Disorder Radio Michael Smith, another covered Law And Disorder Radio founder Michael Ratner‘s memoir. Consortium News, founded by veteran journalist Robert Parry in 1995 and currently run by Joe Lauria, was banned by PayPal in May. This was also done to Julian Assange and WikiLeaks years ago after they revealed US war crimes in Iraq and Afghanistan.

Consortium News apparently offended the big tech company, possibly with US government connivance, by being critical of US policy in Ukraine. PayPal will not reveal its reasons for the ban. Specifically, Consortium News wrote about NATO’s eastward expansion as well as the US role in the violence in the 2014 Maidan Square overthrow of the democratically elected government of Ukraine and replacing it with one more friendly to US interests.

According to Lauria, Consortium News has about 10,000 listeners a day. Sometimes this spikes to 40,000. Their PayPal account had allowed listeners to click on a support button and thus conveniently give money to the organization. PayPal recently informed Joe Lauria that Consortium News has been permanently banned. It would not discuss why.

Are we facing a dystopian future of big tech and government suppression of alternative journalism? Journalist Matt Taibbi has written that “going after cash is a big jump from simply deleting speech, with a much bigger chilling effect.” This, he added, is “especially true” for “the alternative media world, where money has been notoriously tight.”

Guest –  Joe Lauria, Consortium News editor-in-chief. He is a former UN correspondent for The Wall Street Journal, Boston Globe, and numerous other newspapers, including The Montreal Gazette and The Star of Johannesburg. He was an investigative reporter for The Sunday Times of London and began his professional work as a 19-year-old stringer for The New York Times.

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Law and Disorder March 7, 2022

Russian Invasion of Ukraine Analysis

We turn to the on-going war between Russia and Ukraine. Let me introduce this topic by sharing, briefly, a few of my own thoughts on the matter. I believe the Russian invasion and its on-going deadly and destructive military assault in Ukraine is, of course, just plain wrong. I believe it mirrors, albeit to a much lesser extent, America’s deadly and destructive military assaults on Iraq and Afghanistan, to say nothing of Vietnam, Central America and too many other places to recount here. I believe Russia should end its war before its impact spreads far beyond the current conflict; before it provides an even greater opportunity than it already has to the capitalist war profiteers in America, and further emboldens the imperial designs of America, thereby radically changing the future in ways too dire to contemplate.

I believe the severe sanctions imposed on Russia will have little impact on Putin and the Russian oligarchs but will have a devastating impact on the working-class people of Russia, and of the entire world. I believe that the United States bears at least as much blame for the war as does Russia, and probably more. That may, at first blush, seem an odd thing to believe. But if you stay tuned, today’s guest on the war will explain why he and I believe this to be true. Lastly, I am personally saddened, beyond adequate description, over the fact of this new war. It, like America’s illegal and devastating wars in other countries, tells me that since the days of the cave man wielding his club, while the weapons used by warring sides to resolve their differences have advanced and become far more deadly and sophisticated, we humans have not, ourselves, found the way we resolve our disputes beyond that of the cave man with his hand-wielding club.

Guest – Richard Becker is the Western Region Coordinator of the ANSWER Coalition; that is Act Now to Stop War and End Racism. Richard Becker is a regular contributor to The Liberation newspaper, a publication of the Party for Socialism and Liberation, of which he is a member. And Mr. Becker is the author of Palestine, Israel and the US Empire, as well as of the book, The Myth of Democracy and the Rule of the Banks.

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A New Wave Of Book Banning

Book banning is the most widespread form of censorship in the United States. It’s when government officials, private individuals, or organizations remove books from libraries, school reading lists, or bookstores because they object to the content or themes contained therein. Children’s books are the main targets.

Often, complaints are that the book contains is sexually explicit, contains graphic violence, has offensive language, or shows disrespect for parents and family. Censors claim they’re afraid the contents are dangerous for kids, or that they’ll cause young people to raise questions, and incite critical inquiry among children that parents, political groups, or religious organizations deem inappropriate or aren’t ready to address.

Before the 1970s book bans typically focused on obscenity. Lady Chatterley’s Lover by D. H. Lawrence and Ulysses by James Joyce were often banned. From the late 1970s on, attacks focused on ideologies. To Kill A Mockingbird, The Color Purple, The Catcher in the Rye, and Harry Potter are among the 50 of the top banned books in this country.

A new wave of book banning in public and school libraries is sweeping the nation in 2022. It’s been under way since debates have percolated over critical race theory and what students should learn in the classroom. Several states are cutting funding for books written by authors in specific communities.

Guest – Christopher Finan, executive director of the National Coalition Against Censorship. He previously served as president of the American Booksellers Foundation for Free Expression, the bookseller’s voice in the fight against censorship. Before that, he was executive director of Media Coalition, a trade association that defends the First Amendment rights of producers and distributors of media. Christopher is the author of From the Palmer Raids to the Patriot Act: A History of the Fight for Free Speech in America by Beacon Press, which won the 2008 Eli Oboler Award of the American Library Association. His forthcoming book is How Free Speech Saved Democracy.

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Law and Disorder December 6, 2021

Kyle Rittenhouse got away with murder and the growing forces of violent reaction have been emboldened. Trump invited Rittenhouse to Mar-a-Lago and praised him as a “fine young man.” Street thuggery and violence against the opponents of his fascist party was the hallmark of Hitler’s rise to power. His goons, called Brown Shirts, smashed enemies on the left, trade unionist, and socialists. But Hitler always denied that he had any connection with the Brown Shirts, attempting to perpetuate an illusion that he respected the rule of law.

In 1931, two years before Hitler and the German fascists eventually took power, the courageous young German lawyer Hans Litten sued Hitler in Berlin. He put Hitler on the witness stand grilling him for three hours. He showed Hitler to be a liar. By contrast, and as a measure of how serious things have gotten in our country , Kyle Rittenhouse continues to be wildly praised by the right and the fascists, like the Proud Boys with whom he took publicity shots. They all have mobilized behind Rittenhouse. We rebroadcast what we believe to be two profound interviews on what fascism is and how to fight it.

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This is Not Populism : John Bellamy Foster

Is Trump a neofascist? Thoughtful analysts on the left like Cornell West, Noam Chomsky, and Judith Butler think he is. But mainstream liberal commentators refuse to associate the Trump phenomena with fascism. They call him a right wing populist. What is neofascism? Right wing Populism? Does it really matter what Trump is called? The great German playwright and political thinker who lived in Germany during Hitler’s reign, Berthold Brecht, asked in 1935: “How can anyone tell the truth about fascism, unless he’s willing to speak out against capitalism, which brings it fourth?” We speak today with John Bellamy Foster, the editor of the venerable magazine “Monthly Review”. He wrote the lead article in the current June 2017 issue titled “This Is Not Populism.”

Guest – John Bellamy Foster is editor of Monthly Review and professor of sociology at the University of Oregon. He has written widely on political economy and has established a reputation as a major environmental sociologist. He is the author of Marx’s Ecology: Materialism and Nature (2000), The Great Financial Crisis: Causes and Consequences (with Fred Magdoff, 2009), The Ecological Rift: Capitalism’s War on the Earth (with Brett Clark and Richard York, 2010), and The Theory of Monopoly Capitalism: An Elaboration of Marxian Political Economy (New Edition, 2014), among many others.

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Crossing Hitler: The Man Who Put the Nazis on the Witness Stand ms-1.JPG Benjamin Hett

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 November 1, 2021

Moving The Bar: My Life As A Radical Lawyer

Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.

Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.

– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law

Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.

– Attorney Bill Goodman

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Law and Disorder June 14, 2021

Attorney Ron Kuby Updates On Donziger Trial

Three weeks ago, environmental attorney Steven Donziger’s Chevron-funded trial for misdemeanor contempt trial drew to a close. Steven and his defense team are now waiting for what they claim is an inevitable verdict of “guilty” by Chevron-linked Judge Loretta Preska. As Steven has written to his supporters, Preska denied him a jury of unbiased fact finders by ordering a bench trial. She also ruled against Steven and his attorneys on 99% of all their courtroom objections. Steven also notes that Preska—a conservative judge and a former member of the Federalist Society’s advisory board—actually read the newspaper during witness testimony.

The defense team is preparing for its expected appeal after Preska delivers her ruling. They are following up on, and researching, additional revelations of corruption by Chevron and the high-paid lawyers challenging the original multi-billion-dollar fines for Chevron’s toxic pollution in Ecuador.

DonzigerDefense.com

ChevronToxico.com 

ChevronInEcuador.com

Guest – Attorney Ron Kuby, who along with his law partner Rhiya Trevedi and noted First Amendment attorney Martin Garbus, comprise the Donziger defense team. Ron is the former law partner of William Kunstler, and his body of work continues to uphold their tradition of representing the poor, downtrodden, and wrongfully accused.

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Building Support To Free Wikileaks’ Julian Assange

Whistle blowing Australian journalist and the publisher of WikiLeaks Julian Assange sits in a jail cell in solitary confinement in London’s infamous Belmarsh prison. There he awaits the decision of the British High Court as to whether at the behest of the Trump and now Biden administrations he will be extradited to the Eastern District of Virginia to stand trial on 17 counts of espionage under the recently resurrected 1917 Espionage Act which was originally enacted to be used against spies. He will certainly be sentenced to imprisonment for the rest of his life at a super maximum-security prison where communications with the outside world will be cut off.

His case is on appeal to the British High Court. At the recent extradition hearing British magistrate Vanessa Baraitser ruled in favor of the United States on all 17 counts of espionage lodged against him by the Trump administration. She did however rule that Julian Assange would be subjected to terrible conditions in American maximum-security prison and therefore should not be extradite. The Biden administration has appealed this ruling.

The charges Assange faces are a major threat to press freedom. James Goodale, who represented the New York Times in the Pentagon papers case, commented, “The charge against Assange for “conspiracy” with a source is the most dangerous I can think of with respect to the first amendment in all my years representing media organizations.”

It is crucial to build support for Assange and preventive his delivery into the hands of the Biden administration and its prosecutors.
Julian Assange’s crime was to expose the war crimes, murder, and the inner workings of the American empire to the world press. He might pay for this embarrassment with his life.

Homerun4Julian.com

Guest – John Shipton, Julian’s father who is visiting the United States from his native Australia touring to raise support for his victimized son.

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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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