Law and Disorder April 6, 2020

Hosts Updates

  • Chronic Underlying Conditions: Vunerability To Covid-19
  • 10,239 Elderly Prisoners in New York State – Governor Cuomo’s Office – 518-474-8390
  • FOIA Suspended 

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Abuse Of Emergency Powers, The U.S. Constitution And Habeas Corpus

The Department of Justice is now seeking to exploit the coronavirus calamity to get Congress to give it permission to pick up and detain people indefinitely.

At this point the American people have a constitutional right, if arrested, to be brought before a judge and informed of the charges against them so that they may defend themselves. This is known as the right of habeas corpus. It is a right that has its origins in the Magna Carta, the great charter, a British law that goes back to the 13th century. The right of habeas corpus is written into the American Constitution and can only be suspended by Congress.

Historically both the American and the German fascist government led by Adolf Hitler have used crises and the fear that crises generate in the population to expand their powers.

Abraham Lincoln suspended habeas corpus during the Civil War. FDR put 110,000 American citizens of Japanese origin into concentration camps during World War II.

In Germany, Adolph Hitler, who was legally appointed chancellor, used the shock of the Reichstag fire, which had burned down the German parliament, to get his Enabling Law passed. This enabled Hitler, with the support of German big business, to make laws on his own, bypassing the legislature.

What dangers do we face with Donald Trump as president? What does it mean to suspend the right of habeas corpus for the American citizens who oppose Trump and his big business backers.

Defend.Wikileaks.org

Guest – Attorney Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She writes weekly articles for Truth out in the series Human Rights and Global Wrongs. She is currently taking a leading role in the defense of Julian Assange. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. MarjorieCohn

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The Religious South, and Religious Exemptions to Public Health Directives

Last week sheriffs arrested Rodney Howard-Browne, the head of the River at Tampa Bay church in Florida for ignoring local orders against mass gatherings due to the COVID-19 pandemic and for showing “reckless disregard for human life.”

Hillsborough County Sheriff Chad Chronister said he had no choice but to take action against the pastor. “His reckless disregard for human life put hundreds of people from his congregation at risk and thousands of residents who may interact with them this week.” The Sheriff said his office had direct contact with the church, telling it not to pack its pews. Instead he said, the Pastor was encouraging his large congregation to meet at his church.”

Howard-Browne said his church has an absolute, constitutional right to gather for worship. He told his congregation that the church is an essential service.

But religious exemptions during the pandemic will only worsen it and claim more lives. Yet that’s precisely what government officials are doing—ignoring public health warnings and refusing to call on houses of worship to close. Establishing religious exemptions—in this case, by freeing houses of worship from public health order compliance—will only result in more cases of COVID-19 and greater numbers of death cases.

Guest – Attorney David Gespass is a former president of the National Lawyers Guild. He practices law in Birmingham, Alabama.

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Law and Disorder March 30, 2020

  • Hosts Update

Now Is The Time To Fundamentally Transform America

Doug Henwood wrote in a Jacobin magazine article last week that “. . . things could get very ugly, but it is also an opportunity to emerge from this crisis a better country.“

In his article Henwood articulates a vision, “a vision of solidarity and mutual care.“ He believes that millions of lives depend on that. LBO-News.com

Guest – Doug Henwood, his fields of expertise are politics, economics, and finance. He is the publisher of “The Left Business Observer.” Henwood has written four books. His articles have appeared in “The Nation”. the “Los Angeles Times, and “the Guardian“. He hosts the radio show Behind the News each week on the Pacifica station KPFA in Berkeley.

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Aging Prisoners And Prisoner Release During Pandemic

Last week, New York City jails were among the country’s most infected by the virus so far, with at least 38 people testing positive at Rikers Island. Another inmate, became the first in the country to test positive in a federal jail.

In a letter to New York’s criminal justice leaders, Board of Correction interim chairperson Jacqueline Sherman described a jail system in crisis. She said that 12 Department of Correction employees, 5 Correctional Health Services employees, and 21 people in custody at Rikers and city jails had tested positive for the coronavirus.

And at least another 58 were being monitored in the prison’s contagious disease and quarantine units, she said.  Across the nation, several large county and municipal jurisdictions have freed thousands of low-risk inmates from jails, including seniors and those in poor health.

New Jersey plans to release as many as a thousand people from county jails, including inmates jailed for probation violations and those sentenced for low-level offenses. Mayor Bill de Blasio said last week that New York City may release more than 200 inmates. Los Angeles County and Ohio’s Cuyahoga County also have released prisoners.

Prisoner advocacy groups in more than a half-dozen states, including Texas, New York, Illinois, Pennsylvania, Indiana and Michigan, continue to urge governors to release state prisoners, especially elderly inmates, through compassionate release or medical furlough.

Guest – Victor Pate,  the New York statewide organizer for the Halt Solitary campaign. That stands for humane alternative to long-term isolated confinement.

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Law and Disorder March 16, 2020

Basic Legal Rights For Animals: Activists and Advocates

Discussions over whether animals are sentient beings, capable of feeling pain, pleasure or suffering, date back as far as ancient thinkers such as Plutarch, Hippocrates and Pythagoras. They all advocated for the fair treatment of animals. The term animal rights stands for the proposition that non-human animals have the right to be treated, not as property, but rather as the individuals they are, with their own desires and needs.

Animal law is now widely taught in law schools across North America. There are 167 law schools in the U.S. and Canada, and 11 in Australia and New Zealand, teaching courses in animal law. Several legal scholars support extending basic legal rights and to personhood to non-human animals.

Critics of animal rights argue that nonhuman animals are unable to enter into a social contract, and thus cannot have rights. Another argument is that animals may be used as resources as long as they don’t undergo unnecessary suffering.

Certain forms of animal rights activism, such as the destruction of fur farms and animal labs by the ALF or Animal Liberation Front, have also attracted criticism, and prompted Congressional reaction by enacting of harsh laws allowing these activities to be prosecuted as terrorism. These laws include the Animal Enterprise Terrorism Act.

Guest – Attorney Tamara Bedic, chairperson of the National Lawyers Guild Animal Rights Project. She is a graduate of the University of Virginia School of Law and a masters degree from Columbia University-NY University. Tamara practices employment law with a focus on women and harassment in the workplace.

Guest – Phillip Murphy, Philip Murphy is a writer and social justice activist based in the Greater New York City area. He is a co-founder of the Buddhist Action Coalition NYC, a pan-Buddhist social justice organization, and is also a co-founder of the New York chapter of UK-based Animal Rebellion, a global climate and animal justice movement. His recent article, Why Animal Justice is Crucial in Addressing the Climate Emergency was published at the independent global media platform openDemocracy.net. SHAC 7 Documentary

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Law and Disorder March 2, 2020

The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017

There has been a century of war on the Palestinians by Zionists whose goal was to establish a Jewish state on their land.

More than 100 years ago, a Zionist Congress meeting in Vienna sent a delegation of several rabbis to Palestine to report back on what they saw. The rabbis telegraphed: “The bride is beautiful but she is married to another man.“

That is to say, Palestine was already settled by Palestinians who have been there for centuries. Thus the project of the Zionists was to ethnically cleanse Palestine by any means necessary.

It has taken 100 years and six declarations of war and the settler colonial project of the Zionists has been largely successful, so far. Three years ago President Donald Trump put his young son-in-law Jared Kushner in charge of American policy towards the Palestinians. Without consulting them last month Trump announced what he called “the deal of the century“.

The “deal” gave Israel large parts of the west bank of the Jordan River which embraced territory illegally conquered by Israel in the war they started in 1967 and where 600,000 Israelis have been settled since then.

The Palestinians were given several non-contiguous enclaves in the West Bank plus the Gaza Strip and told that those who were displaced in the 1947-48 War and the 1967 war could never come back to the land the Zionists claim was given to their ancestors by a God thousands of years ago. They were told they have four years to accept the offer.

We speak with Rashid Khalidi about his just published landmark history

Guest – Rashid Khalidi, Edward Said Professor of Arab Studies at Columbia University. He is also the author of Under Siege: PLO Decision Making During the 1982 War, Brokers of Deceit: How the US Has Undermined Peace in the Middle East and recently The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017. Professor Khalidi’s article on the Sabra and Shatila massacre in The Nation magazine.

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Venezuelan Embassy Protection Collective Update 2020

In a violation of international law, on May 16, 2019 more than 100 police, many with military gear, invaded the embassy of Venezuela in Washington, DC and arrested four Embassy Protectors who were in the embassy with the permission of the Venezuelan government to protect it from takeover as part of a US coup against the elected Venezuelan government of Nicolas Maduro.

The United States had at that time attempted to install Juan Guida as the president of Venezuela and Guida’s right wing supporters attempted to take over the Venezuelan embassy in Washington DC. Under international law, the embassy is the property of Venezuelan government and is considered untouchable.

The US had attempted to install Juan Guaida as the president of Venezuela and on May 30th right wing coup supporters attempted to take over the Venezuelan embassy in Washington DC. This coincided with another attempted coup by Juan Guaida in Venezuela. Guaido failed in his coup attempt.

The embassy in Washington, DC is the property of Venezuela and under international law the United States must protect and is not allowed to enter it.

A group of Americans known as the Embassy Protection Collective moved into the embassy to prevent its hostile takeover. Up to 70 people were sleeping in the embassy as embassy protectors.

The State Department, Secret Service, and the Metropolitan police force allowed a pro-coup mob to lay siege on the embassy. People were blocked from entering the embassy. Food was prevented from being brought in. The electricity and water were cut off.

Although the coup against the Maduro government failed, the Embassy Protectors were arrested when the US government raided the Venezuelan embassy. The final four Embassy Protectors, Kevin Zeese, Margaret Flowers., Adrian Pine, and David Paul were arrested and face federal prosecution. If convicted they could be imprisoned up to one year and fined up to $100,000 each.

Guest – Kevin Zeese is a US lawyer and political activist. He helped organize the 2011 Occupy encampment in Washington DC. Kevin Zeese is currently the co-director of The Organization Popular Resistance.

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Law and Disorder February 24, 2020

In Defense Of Julian Assange: Attorney Renata Avila

We continue our ongoing coverage of Wikileaks founder Julian Assange, who remains in confinement at London’s high-security Belmarsh prison. Julian is fighting extradition to the United States on 18 charges, including violating the Espionage Act and conspiring to hack government computers. As listeners will recall, the charges are in connection with Wikileaks’ release of thousands of secret cables in 2010.

Guest – Renata Avila, a member of the Julian Assange legal team. Renata is an international Human Rights lawyer from Guatemala, specializing in preserving human rights during the next wave of tech challenges. She is a Board member for Creative Commons, the Common Action Forum and is a Global Trustee of the Think Tank Digital Future Society. She is also a member of the WEF’s Global Future Council on Human Rights and Technology and a Steering Committee Member of the Information Society Advisory Council for the Organization for Economic Co-operation and Development.

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The Prosecution of Julian Assange – CUNY School of Law and UCLA

We listen to two presentations from a panel discussion among leading journalists, attorneys and human rights defenders as the extradition trial in London of WikiLeaks founder Julian Assange is set to begin.

The first speaker is lead attorney Barry Pollack representing Julian Assange speaking at The Prosecution of Julian Assange forum at UCLA.

We then hear from Glen Ford speaking at the CUNY School of Law, Glen is the Executive editor, Black Agenda Report.  He’s a broadcast, print and web pioneer and founding member of the Washington chapter of the National Association of Black Journalists.

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Law and Disorder February 17, 2020

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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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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