Law and Disorder August 31, 2020

Update:

$600M to Settle Flint Water Crisis Litigation

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Julian Assange Update August 2020

President Obama prosecuted and imprisoned more whistleblowers than any other president. But President Trump did one thing that Obama did not do. He indicted Julian Assange for conspiracy under the Espionage Act charging that in 2010 Assange and his publishing organization WikiLeaks released truthful information about American war crimes.

Obama held off making such a charge because the US government has never before gone after a publisher; not even the New York Times for publishing the Pentagon papers.

Assange sits in solitary confinement in the notorious Belmarsh prison in London. He awaits the outcome of the USA’s extradition request.

His partner, Stella Moris, the mother of their two young children said: “Julian is being targeted by the United States for the crime of journalism. He helped expose the war crimes and human rights abuses which the US would have preferred to keep hidden from public view. He revealed the killing of unarmed civilians and the torture of innocent people. No one has been held responsible for the serious crimes Julian has exposed. This extradition aims to entomb and silence him forever.”

He is in bad shape mentally and physically. Nels Melzer, The United Nations Special Rapporteur on Torture visited Julian and reported that he was being tortured by the months on end of solitary confinement. He hasn’t seen his lawyer in five months nor his companion and their two children. He can’t prepare his defense. He was finally given a computer but the keys were glued down. When he last appear in court he could barely pronounce his name. Defend.wikileaks.org

What is at stake is the future of free journalism. Journalists have a right to publish and we, their audience, have a right to learn. This is what the US government is attempting to take away.

Guest – Nathan Fuller, the American head of the London-based Courage Foundation and the director of the newly formed Committee to Defend Julian Assange and Civil Liberties.

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Open Letter To The Anti-Defamation League

The Anti-Defamation League pretends to be a civil rights organization, but the ADL is not an ally. It has a legacy of supporting racist policing, surveillance, colonialism and the silencing of social justice activism. It has branded itself as a civil rights organization in ways that conceal and legitimatize is right wing activities, undermined the rights of Black, immigrant, queer, Muslim, and Arabs.

In August 2020, 100 organizations signed an open letter exposing the ADL. Among the signatory organizations whose work Law And Disorder has covered on this radio program include the Center for Constitutional Rights, the National Lawyers Guild and Palestine Legal.

These 100 organizations signed an open letter announcing the publication of a pamphlet written by a working group with contributions from the American Friends Service Committee, Jewish Voice for Peace, and Palestine Legal.

Guest – Lesley Williams, member of the coordinating committee for Jewish Voice for Peace in Chicago, the advisory board of speakers bureau for Jews Against Anti-Muslim Racism, and a founding member of the Tzedek Chicago, a non-Zionist pro social justice synagogue in Chicago. She is the author of “The Anti-Defamation League Kills the Black Jewish Alliance” and “We Can’t Fight Anti-Semitism and anti-Black Racism in Isolaton“. She works with a local coalition of teachers and activists to bring Palestinian history into school curricula.

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Law and Disorder August 24, 2020

USPS, Election Integrity and the U.S. Postmaster General

Hours after Democrats asked Postal Service officials to testify on Capitol Hill about new policies posing “a grave threat to the integrity of the election,” Nancy Pelosi cut short the House summer recess. Representatives will vote on legislation to block new changes at the USPS that voting advocates assert will undermine casting mail ballots during the pandemic.

As we’ve been reporting, the new postmaster general Louis DeJoy—a staunch Trump supporter—wasted no time enacting such changes as ending overtime pay and removing some sorting machines. Not surprisingly, these changes have created great delays in service. In response, the White House chief of staff has indicated openness to provide emergency funding to help the USPS deal with a surge in mail-in ballots.

DeJoy has significant and personal financial interests in the Postal Service’s corporate rivals and contractors. The November election is expected to bring in up to 80 million ballots by Americans nervous about in person voting because of COVID 19. The Postal Service notified states in July that it might not be able to meet their deadlines for delivering last-minute mail-in ballots. As a result, state attorneys general are considering suing the administration.

President Trump has unabashedly criticized mail voting as vulnerable to fraud. At the same time he requested an absentee ballot from his now home state of Florida.

Guest – Chuck Zlatkin, legislative director of the New York Metro Area Postal Union.

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The Black Alliance For Peace

Politically this is a time of great opportunity and great peril. The economic, racial, and health crisis we have been put in will deepen in the coming months. As the pandemic spreads, the depression gets worse and racist police brutality does not go away. There has been a massive corporate bail out disguised as a stimulus package. It has left millions of people jobless, broke, sick, and facing homelessness.

Trump and his Republican Party, venal and incompetent, have given up trying to contain the pandemic, ameliorate the economic catastrophe, or rein in the police. The Republicans left Washington two weeks ago refusing to pass an economic package that would aid the unemployed, which now number more than 30 million. 175,000 people have already died from COVID-19 and millions face eviction.

The massive demonstrations in the streets, black led with the support of the majority of whites, has been an insurgency unprecedented in American history.

Guest – Ajamu Baraka was the 2016 vice presidential candidate of the Green Party. He is a leader of the Black Alliance for Peace, a contributor to Black Agenda Report and an activist in the Black is Back Coalition.

 

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Law and Disorder August 17, 2020

Gullible’s Travels: A Comical History of the Trump Era

Since Trump began his presidential campaign four years ago comedians have been complaining that because he is so preposterous it’s hard to satirize him, that he is self satirical. This has been true until recently with the publication of Marvin Kitman’s Gullible’s Travels: A Comical History of the Trump Era.

At first Kitman assumed that Trump’s candidacy was a publicity stunt. After he realized it was serious, as a satirist he felt very lucky writing that ”I have never had such a good time observing and writing about the follies of our country.“

He began keeping a comical journal modeled after A Journal of the Plague Year where author Daniel Defoe described the great plague that hit London in 1665.

Guest – humorist and author Marvin Kitman is a former columnist at New York Newsday and a finalist for the Pulitzer prize for criticism. He is the author of, among others, The Man Who Would Not Shut Up: The Rise of Bill O’Reilly and The Making of the President 1789.

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American Spring: Unfolding Crisis

The Chinese word for crisis consists of two characters. One means danger, the other means opportunity. We currently are in an historically unprecedented situation fraught with both danger and possibilities. Russian revolutionary Vladimir Lenin once remarked that sometimes nothing happens in decades and other times decades happen in a few weeks. This is our situation now. We see an American spring unfolding.

The public lynching of George Floyd has triggered massive outpourings in several thousands of American cities, both large and small. Black Lives Matter is supported by a majority of Americans including a majority of whites. This kind of broad solidarity was absent during the time of Rev. Martin Luther King Jr.

The demonstrations are in large part led by people of color, mostly young people. Elected officials and traditional civil rights leaders are not leading the current uprising. As the L.A. Progressive has written, “The gross underlying inequality, racially and more broadly economically, affects every aspect of life in the US. and is the root cause of the volcanic anger irruption against the veneer of obsolete institutions.“

Guest – Glen Ford, editor of the Black Agenda Report. Ford founded the Black Agenda Report and has edited it since 2006. He was a founding member of the Washington chapter of the National Association of Black Journalists and he has delivered presentations at many colleges and universities.

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Law and Disorder July 27, 2020

Democracy, If We Can Keep Keep It: The ACLU’s 100 Year Fight For Rights In America

The American Civil Liberties Union was formed 100 years ago in 1920 in a climate of fear in our country not unlike what exists today. Anarchists and socialists were scapegoated. They were rounded up, tried under the newly passed espionage act, and hundreds were deported or imprisoned, Eugene V Debs being the most prominent.

To mark a century of defense of the first amendment and the Bill of Rights, Ellis Close has written an important history of the ACLU titled Democracy, If We Can Keep Keep It: The ACLU’s 100 year fight for rights in America.  The Los Angeles review of books recently featured an extensive appreciation of Closs’ book written by constitutional lawyer Stephen Rhode.

Guest – Attorney Stephen Rohde has been on the board of the southern California ACLU over 25 years. He has taught constitutional law and has written a number of books on civil liberties.

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Dakota Access Pipeline: Update

July has been a legal roller coaster ride with respect to efforts to shut down the Dakota Access and Keystone XL Pipelines. First, a judge invalidated federal permits saying that the Army Corps of Engineers failed to address the potential damage from oil spills in the Dakota pipeline. He ordered the company Energy Transfer to stop pumping crude oil through South Dakota. On the heels of that order, a federal appellate court temporarily blocked that shutdown.

As for KXL, which would carry tar sands oil from Alberta Canada through Montana and South Dakota before reaching Nebraska, the Supreme Court in early July rejected the Trump administration’s request to allow construction of the KXL Pipeline by TC Energy. A Montana court ruling halting construction therefore still stands.

As listeners will recall, protesters and lawsuits against both pipelines cite the devastation that pipeline leaks would cause to the environment. In the case of tar sands oil, it is thicker, highly volatile, and more corrosive than conventional crude oil. This increases the likelihood of a leak. That renders it far more difficult, if not impossible, to clean up such a spill.

https://www.wecaninternational.org/divest-invest-protect

Guest – Attorney Natali Segovia is the Staff Attorney for the Water Protector Legal Collective – the organization that grew out of the legal tent at Oceti Sakowin camp in the Standing Rock resistance to the Dakota Access Pipeline. She chairs the Indigenous Peoples’ Rights Committee of the National Lawyers Guild and serves on the Board of Directors of the Alliance for Global Justice. She also serves on the Indian Law Section Executive Council of the Arizona State Bar.

 

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Law and Disorder July 20, 2020


Attorney Marjorie Cohn: Trump, Assange, Democracy And Rule of Law

Without democracy and the rule of law there can be no significant social change. However, much democracy was constricted by race and class before the attacks on September 11, 2001 and before Trump, democracy and the rule of law are now facing lethal attacks on many fronts.

Trump has successfully put 198 young, reactionary, and some ignorant judges on the federal bench. He has illegally called out troops to violently disperse peaceful protesters in the park in front of the White House. Trump has threatened the personnel of the International Criminal Court who are attempting to investigate US war crimes in Iraq and Afghanistan. These include the crime of torture. These crimes, perpetrated under the Bush administration, went unprosecuted by President Obama who infamously said “we must look forward not backward.”

Trump’s Justice Department is pursuing and attempting to extradite truth telling whistle blowing journalist Julian Assange who 10 years ago released the “collateral murder” video showing the commission of American war crimes in Iraq, among other embarrassing information. Assange is confined in London’s Belmarsh prison. He is sick, in solitary, and has been psychologically tortured. He faces 175 years in prison in the United States if convicted under the old Espionage Act for activities protected by the first amendment.

Guest – Attorney Marjorie Cohn, professor emerita at the Thomas Jefferson School of Law where she taught for 25 years. She is a former president of the National Lawyers Guild, a criminal defense attorney, a legal scholar, and a political analyst. She writes books and articles and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated at the prestigious Oxford Union.

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Law and Disorder July 13, 2020

Police Unions Are Racist Power Brokers in Opposition to Movement for Black Lives

When they commit violence against civilians, abusive police in the United States are protected in various ways. The power elite, whose property police protect, have given them almost complete legal immunity from successful lawsuits for damages under the doctrine of qualified immunity. When a cop has illegally hurt someone he or she can count on what’s known as – the blue wall of silence – knowing that a fellow officer will not contradict their defense.

What is the role of police unions regarding the protection of police who have abused and even murdered citizens? Police unions act as power brokers in opposition to the rights of victimized citizens. They provide legal defense funds, public relations, and political pressure in defense of abusive cops. And they are a very powerful force in these respects.

The US Congressman from Chicago Bobby Rush has recently said that the Chicago police union, the Fraternal Order of Police, is “the number one cause that prevents police accountability, that protects police corruption, that protects police lawlessness. They are the organized guardians of continuous police lawlessness, police murder, and police brutality. They are the most rabid, racist body of criminal lawlessness in the land and stand shoulder to shoulder with the KKK then and the KKK now.”

Guest – Attorney G. Flint Taylor is a founding partner of the People Law Office in Chicago starting out over 50 years ago representing the family of Black Panther leader Fred Hampton, Who was assassinated by the Chicago Police Department with the help of the FBI. He has represented numerous police torture survivors during the past 33 years. Taylor was one of the lawyers involved in the struggle for reparations and has chronicled the decade long fight against Chicago police torture in his award-winning book “The Torture Machine : Racism and Violence in Chicago.

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First Amendment Auditor: Big Nick South Florida Accountability

Most of the populace, some police officers and federal employees may not realize that its every photographers right to take photos and video of federal buildings on public property. The easing of restrictions began when the New York Civil Liberties Union had looked into several cases of people who were wrongly harassed, detained and arrested by federal agents while photographing or shooting video of federal buildings from public plazas and sidewalks.

In 2010, the NYCLU brought a suit against the US Department of Homeland Security in federal court to end this practice. In October of 2010, a judge actually signed a settlement where the US government agreed that no federal statures or regulations bar people from photographing the exterior of federal buildings.

The US government agreed to issue a directive to members of the Federal Protective Service on photographer’s rights. A decade later, the rights attained in this decision are recently being put to the test in what’s known as First Amendment audits.

Guest – Nick Freeman – First Amendment Auditor with millions in view counts joins us to talk about his work in Fort Lauderdale being part of a long emerging trend to educate local law enforcement about the right to photography and subsequent issues such as police accountability.

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