Law and Disorder December 16, 2019

Center For Constitutional Rights Project: ALEC Attacks

On December of 2019, the Center for Constitutional Rights, the CCR, sued in Arizona a number of Arizona lawmakers who are participating in a closed meetings of the American Legislative Exchange Council known as ALEC. ALEC brings together legislators, corporate leaders, conservative activists, and lobbyists to draft and promote model legislation across the country.

On December 4, 2019 the date the suit was filed, ALEC was holding its annual States and Nations Policy Summit in Scottsdale, Arizona, an elite suburb outside of Phoenix.

The complaint asks the court to find that attendance at the closed door meetings for the purpose of deliberation on legislation with corporations and lobbyists by lawmakers from Arizona violates that states’ open meeting law and asks that all notes and materials from the secretive meetings be made accessible to the public and for legislators to be enjoined from attending these meetings in the future.

Dominic Renfrey of the Center for Constitutional Rights said “ALEC’s pay-to- play model strikes at the very heart of democratic lawmaking. And not surprisingly it is people of color and those on the margins that suffer the most from ALEC’s attacks.”

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Guest – Dominic Renfrey who helped organize the lawsuit. He’s the Advocacy Program Manager at the Center for Constitutional Rights. Dominic focuses on the intersection of corporate abuses in various activity areas, including international human rights law, the Occupied Palestinian Territories, the operations of private military corporations, and the interference of corporations in the operations of state agencies and decision-making bodies.

Guest – Jacinta Gonzalez is the Senior Campaign Organizer of Mijente, a plaintiff in the lawsuit, and a part of the National Immigrants Rights movement.

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The Report Movie And CIA OIG Torture Report 

Hosts Heidi Boghosian and Michael Smith talk about the recent film titled The Report where one of the film’s characters plays the Senate investigator who uncovered and documented America’s extensive use of torture.

In the summer of 2009 attorney General Eric Holder appointed special Justice Department prosecutor John Durham to conduct a preliminary investigation into whether federal laws were violated in connection with the interrogation of certain detainees in U.S. custody. In this August 31, 2009 lively first half hour discussion, hosts Michael Ratner, Heidi Boghosian and Michael Smith discuss and detail why the investigation does not go after higher-ups within the US torture program, how tortured confessions are used to support war and that interrogators did not act alone.

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Law and Disorder December 9, 2019

President Donald Trump, Ukraine, The Bidens And Impeachment

The late critic of American politics Gore Vidal often referred to the United States as the United States of amnesia. Even though it was only five years ago in 2014 that the Obama-Biden administration spent $5 billion to help overthrow the democratically elected government of the Ukraine, this fact is omitted in the mainstream press’ coverage of the current Ukraingate impeachment inquiry that the Democratic Party is conducting in the House of Representatives.

The purpose of the American sponsored overthrow of Ukrainian government it is thought by some observers, was to open up the natural resources of the rich Ukraine to American economic interests and secondly to incorporate the Ukraine into the North American Treaty Organization, the military alliance headed by the USA, which sought to further surround Russia militarily on its western border.

After the overthrow, with Joe Biden as then Vice President, his son Hunter got a position on the Board of Directors of Berksema, the large Ukrainian national gas company. Although he knew nothing about the workings of the gas industry Hunter Biden was paid $600,000 a year.

This is the background to President Donald Trump‘s now famous call to the president of the Ukraine asking him to investigate the Bidens. It has been alleged by the Democrats, but not proven, that Trump withheld $400,000,000 American dollars to purchase American weapons until Ukrainian president Zelensky announced a corruption investigation.

Guest – Aaron Maté is a contributing editor at the nation magazine and has the new Internet show Pushback on The Gray Zone. He won the 2019 Izzy Award for achievement in independent media for his coverage of Russiagate.

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The Assassination of Fred Hampton: How the FBI and the Chicago Police Murdered A Black Panther

Around 7AM, 50 years ago on December 4, 1969, attorney Jeff Haas was in a police lockup in Chicago, interviewing the fiancée of Fred Hampton. She was telling him how the police pulled her from the room as Fred Hampton lay unconscious on their bed. She heard one officer say, “He’s still alive.” She then heard two shots. A second officer said, “He’s good and dead now.” She looks at Jeff and asked, “What can you do?”

The Assassination of Fred Hampton: How the FBI and the Chicago Police
Murdered a Black Panther is Haas’s personal account of how he and People’s Law Office partner Flint Taylor went after Hampton’s assassins, and ultimately prevailed over unlimited government resources and an FBI conspiracy. His book isn’t just a story of justice delivered, it also portrays Hampton in a new light as a dynamic community leader and an inspiration in the fight against injustice.

Guest – Jeff Haas is a longtime member of the National Lawyers Guild who has dedicated his career to working for justice. In 1969 he and three other lawyers set up the Peoples Law Office in Chicago, whose clients included the Black Panthers, SDS, and other political activists. Haas went on to handle cases involving prisoners’ rights, police torture, and the wrongfully accused. He lives in Santa Fe, New Mexico, with his wife and children and continues to represent victims of police brutality.

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Law and Disorder December 2, 2019

CCR Attorney Brings GTMO Cases To Highest International Court

The International Criminal Court was established in 1998 and began sitting in 2002. To date there are 123 countries who have ratified the Rome Statute that created the ICC and participate in it.

The role of the ICC is to bring to justice the world’s worst crimes known to humankind – war crimes, crimes against humanity, and genocide. The United States of America is not one of the 123 countries who participate in this International Court. But it can still be investigated and tried if the crimes it commits were committed in one of the 123 countries.

Guest – Attorney Katherine Gallagher, senior attorney at The Center for Constitutional Rights will be appearing before the ICC in the Hague in Holland on December 4, 2019. Attorney Gallagher will be representing two men currently being held and indefinitely detained in the US offshore prison camp in Guantánamo Cuba. Katherine works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, and Survivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.

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In Defense of Julian Assange Book Launch

Margaret Kunstler, Aaron Mate, Nathan Fuller, Amy Goodman, and Barry Pollack spoke about the wrongly prosecuted Julian Assange on the occasion of the recent publication by OR Books of In Defense of Julian Assange composed of 39 authors offering a range of insights and perspectives. The event on November 21, 2019 took place at the home of the late Michael Ratner, Assange’s former attorney. We hear from Margaret Kunstler, Barry Pollack, Nathan Fuller and Amy Goodman.

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Law and Disorder October 28, 2019

Jeremy Hammond Refused To Answer Federal Grand Jury Questions

Imprisoned information activist Jeremy Hammond was recently found in contempt for refusing to answer seven questions in front of a Federal Grand Jury in the Eastern District of Virginia. Earlier this year Chelsea Manning was remanded into custody for failure to provide testimony before the same grand jury.

In late August 2019, Jeremy was removed from the Federal Correctional Institution in Memphis, Tennessee where he was serving a 10-year prison sentence after pleading guilty to charges he hacked the private intelligence contractor Stratfor Global Intelligence. At the time of his transfer Jeremy was enrolled in the Federal Bureau of Prison’s intensive Residential Drug Abuse Program. Participants qualify for early release on completion of the program. Jeremy’s release date was projected to come around mid-December of 2019. Because of his removal from the drug program and the summons to this grand jury his prison time incarcerated could be extended by over two years.

FreeJeremyHammond

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Jeremy is currently confined at William G. Truesdale Correctional Center in Alexandria, VA and will likely remain there for the duration of these proceedings.

Guest – Attorney Sarah Kunstler – Sarah attended law school and graduated from Columbia Law School in 2004. She began practicing law in 2005 and is an attorney at Kunstler Law, helping people with Civil Rights issues.

Guest – Jeremy Hammond is a member of the hacktivist network Anonymous and a gifted computer programmer whose case has attracted the attention of activists, civil libertarians and those concerned about the rights of whistleblowers. He is currently spending a decade in prison for allegedly disclosing information about the private intelligence firm Strategic Forecasting, Inc. (Stratfor), revealing that they had been spying on human rights defenders at the behest of corporations and governments.

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US Abandons Kurds Again

Russia was poised to step into the power vacuum left after President Trump ordered American troops to leave northeast Syria earlier this month, paving the way for a deadly Turkish offensive. U.S. forces only numbered around 1,000, but with their Kurdish partners they were able to beat back ISIS and bring relative stability to a large part of Syria after six years of war.

Thousands of the Kurdish-led fighters died while fighting ISIS, and now say they’ve been betrayed by America.

About 200,000 civilians have fled the clashes with Turkey, and a Kurdish lawmaker called on President Trump to stop what she called “ethnic cleansing” of the Kurds in northern Syria. Turkey insists its offensive has not targeted civilians and views the Kurdish-led forces as terrorists linked to a separatist movement based in southern Turkey.

Erdogan has said if the Kurds aren’t completely out of what he’s called a “safe zone,” stretching across most of Syria’s northern border and about 20 miles south into Syrian territory, his offensive against them will resume. Already it has claimed dozens of civilian lives and has forced hundreds of thousands from their homes.

Syria’s Russian-backed President Bashar Assad has lambasted Turkey for its offensive on his soil, and criticized Syrian Kurds for asking the U..S for help.

Guest – Phyllis Bennis  is a fellow of the Institute for Policy Studies, where she works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.

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Fall Out From US Troop Withdrawal From Syria

The US constitution commands that Congress must declare war before the President, the commander-in-chief of the arm forces, can engage in hostilities.

Moreover, the United Nations charter, to which the United States is a signatory, and which was established after World War II to prevent wars of aggression, requires countries to obtain permission from United Nations Security Council before going to war. There are no exceptions except for self-defense.

Since 2011 United States has had troops in Syria in violation of both the US Constitution and the United Nations charter.

When Donald Trump ran for the presidency in 2016 he criticized the Iraq war. Recently he said that war, commenced in 2003, was based on a lie. The lie was that Saddam Hussein, then leader of that country, had been in possession of weapons of mass destruction and in league with the terrorist organization Al Qaeda. As a result of this lie tens of thousands of lives were lost and millions of people displaced and made into refugees.

Three weeks ago Trump withdrew US troops from neighboring Syria, where they had been sent after the commencement of the war in Iraq. This move was condemned by a lopsided vote in the US in the US House of Representatives, which included many Republicans and was condemned as well in the mainstream media. Trump was accused of betraying the Kurds who live in Northeast Syria and who had fought alongside American troops against the terrorist organization ISIS. After the withdrawal of US troops the Kurds were immediately attacked by forces of neighboring Turkey which has resisted autonomy for the Kurds since the end of World War in 1917.

contact – jmackler (at) lmai (dot) net

Guest – Jeff Mackler, author of “Syria: Anatomy of Another Imperialist War“. He is on the administrative committee and a founder of the United National Antiwar Coalition. Jeff Mackler is Socialist Action’s candidate for the US presidency in 2020.

Law and Disorder October 21, 2019

Impeachment Inquiry With Constitutional Law Professor Marjorie Cohn

Nearly 300 former U.S. national security and foreign policy officials signed an open letter on October 6, calling for an impeachment inquiry into President Donald Trump’s dealings with Ukraine.

The signatures were gathered by National Security Action, an organization that former Obama administration officials formed out of concern for Trump’s “reckless leadership.” The list includes many others who served as career officials in Republican and Democratic administrations.

The former national security professionals said they had largely avoided politics during their public service, but said allegations revealed in the recent whistleblower complaints warranted an additional investigation.

“The revelations of recent days, however, demand a response,” the statement says. “President Trump appears to have leveraged the authority and resources of the highest office in the land to invite additional foreign interference into our democratic processes.”

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 has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. MarjorieCohn

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Trump Impeachment Inquiry

Like President Richard Nixon before him President Donald Trump made the mistake of using his power as president to go after the wrong target.

Nixon had his people burglarize the Democratic Party’s  headquarters in the Watergate complex in Washington DC. President Trump himself used his power to try to get the president of the Ukraine to investigate his, Trump’s, main Democratic Party rival, Joe Biden.

This transgression, not Trump’s caging of children, violating the separation of powers, or violating the emoluments clause of the Constitution, was viewed by the mainstream of the Democratic Party and their leader Nancy Pelosi as a “high crime and misdemeanor” violative of the constitution and worthy of an impeachment inquiry.  Joe Biden is the preferred candidate of the Democratic establishment.

By impeaching Trump they want to preempt any possible attack on Biden, or on themselves, that could emerge from the Ukraine.  It is to be remembered that the Obama Biden Clinton administration orchestrated and overthrew the democratically elected government of Ukraine in 2014, replacing it with the current government, which, for the first time since World War II has actual fascists in the Ukrainian government.

The impeachment process as it gains momentum could spread to other figures in the Trump administration. Trump’s  personal attorney Rudolph Giuliani seems likely to get indicted for violating election finance laws.

The impeachment inquiry could also expose the reality of the democratic party itself which under Obama, Biden, and Hillary Clinton organized the overthrow in 2014 of the democratically elected government of Ukraine and opened the door to American investment in the country, especially in natural gas.  Hunter Biden, Joe’s son, as is now widely known, got a seat on the board of Berksems, the largest natural gas company in the Ukraine. This evident sinecure netted  him $50,000 a month for a period of several years.

Guest – Ron Jacobs, author of Daydream Sunset: Sixties Counterculture in the Seventies published by CounterPunch Books. His latest offering is a pamphlet titled Capitalism: Is the Problem.

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Law and Disorder September 16, 2019

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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North of Havana: The Untold Story of Dirty Politics, Secret Diplomacy, and the Trial of the Cuban Five

North of Havana: The Untold Story of Dirty Politics, Secret Diplomacy, and the Trial of the Cuban Five is the recent publication by our guest attorney Martin Garbus.

This case was one of the most significant ones in recent times. Attorney Len Weinglass had originally taken the case to appeal the matter for already convicted Cuban Five. The appeal was ultimately lost. Weinglass died and his dear friend our guest Martin Garbus stepped in to what looked like a lost cause. Four of the five men were in prison serving long sentences.

Cuba had been an American colony up until 1959 when the widely popular Cuban revolution succeeded in gaining the country’s independence from the USA.

To reverse this has been American policy ever since. The Helms-Burton Act was a counter- revolution as an American government policy written into American law.

Martin Garbus started representing Cuban Five member Gerardo Hernandez who at the time had then been found guilty of conspiracy to commit espionage against United States sometime in the future as well as murder.

Hernandez and his four comrades had been sent from Cuba to Miami by the government of Cuba to spy, not on the United States, but on the counter-revolutionary Cubans in Miami who were launching terrorist activities from Florida directed at persons and property in Cuba, attempting to sabotage the Cuban tourist economy which was in bad shape when a new Russian government cut them off.

The Cubans gathered information on the Miami-based terrorists, compiling a lengthy dossier on their murders activities, and turned it over to the FBI. They asked the US government to stop the terrorists, who were targeting the Cuban tourist industry by planting bombs at the Havana Airport, on buses, and in a hotel, killing an Italian vacationer. But instead of stopping the terrorists the US government used the dossier to figure out the identities of the Cuban five. They were arrested, prosecuted, convicted, and sentenced long prison terms.

While the Cubans were in Miami, a group of counter-revolutionary Cubans calling themselves “Brothers to the Rescue” were provocatively flying small planes over Havana dropping anti-Castro leaflets. They were warned by the Cuban government that if they persisted the planes will be shot down. They persisted. The planes were shot down. Hernandez was convicted of murder although he had no prior knowledge about the shoot down.

Guest – Martin Garbus is one of our great trial lawyers. He has appeared before the United States Supreme Court on leading First Amendment and constitutional law cases.

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