Law and Disorder March 20, 2017

Update:

  • Michael Smith Attends Lynne Stewart’s Wake In New York City

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Law and Disorder co-hosts look at the seeds of fascism within the Trump Administration and Attorney Michael Smith references excerpts of the recent article A Short History of the Trump Family by Simon Blumenthal, including the below paragraph.

“Reckoning with Trump means descending into the place that made him. What he represents, above all, is the triumph of an underworld of predators, hustlers, mobsters, clubhouse politicians and tabloid sleaze that festered in a corner of New York City, a vindication of his mentor, the Mafia lawyer Roy Cohn, a figure unknown to the vast majority of enthusiasts who jammed Trump’s rallies and hailed him as the authentic voice of the people.”

October 2006: If It’s Not Facism, What Is It? Who Benefits & Why Now?

There appears to be a major transformation in progress. Bourgeois democracy, however limited and constricted it has been, is being revamped. The separation of powers, first enunciated by the founders, hardly exists any more. The Executive branch has overpowered Congress and the Judiciary. Neither the corporate media, the two party system, nor the unions provide much of a countervailing force. With the defeat of the Soviet Union and the “Socialist Block” imperialism has launched wars to consolidate capitalism and oil control in Yugoslavia, Afganistan, Iraq and Lebanon. Panelists: Mark Crispin Miller, Heidi Boghosian, Bertell Ollman, Moderated by Michael Steven Smith.
The standard of living for the American working class and middle class is being rolled back quickly; only profit margins of the large corporations and the top one per cent are expanding. Democracy is not an abstraction, but a tool and an aspect of the class struggle. Thus we are experiencing a consolidational of wealth and power that is historically qualitatively transformative. Understanding what is going on is the first step in fighting it. We hear an excerpt from Bertel Ollman , professor of politics at NYU, and has written and edited over a dozen books, including Alienation: Marx’s Conception of Man in Capitalist Society, Social and Sexual Revolution: Essays on Marx and Reich, Dialectical Investigations, How to Take an Exam and Remake the World, and most recently Dance of the Dialectic: Steps in Marx’s Method.

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Why The Rise Of Fascism Is Again The Issue

Fascism has taken on many forms through the rise and fall of empires. One aspect of modern day fascism can seen as propaganda, lies and deceit used as political leverage to eventually absorb sovereign states. Our guest John Pilger lays out the swath carved by fascism in the last 70 years in his recent article Why The Rise Of Fascism Is Again The Issue. Using the word carefully, Pilger describes a new kind of fascism, centered in America but based on the big lie of war and aggression. Pilger documents key events from the Holocaust to Libya to Serbia, to Yugoslavia, to Afghanistan in the 1970s, to Vietnam and up to the current revival of fascism in the heart of Europe. We get a historic perspective from John Pilger, going all the way back to the second world war. If you think the wars in Iraq, Afghanistan, Yugoslavia, Libya and now the Ukraine occur by happenstance, you are mistaken says Pilger, an Australian-British journalist based in London. These are part of the American effort to become the global power.

Guest – John Pilger, an Australian-British journalist based in London. John has worked in many facets of journalism, including a correspondent in the Vietnam War, the Middle East Desk for Reuters in London, a documentary film maker, and a producer for the Independent Television Network in London. Pilger is known for his conscience, bravery and acute historical insight.   His articles appear worldwide in newspapers such as the Guardian, the Independent, the New York Times, the Los Angeles Times.

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Law and Disorder March 13, 2017

Hosts Mourn The Passing Of Friend And Colleague Lynne Stewart

Attorneys Heidi Boghosian and Michael Smith remember the courageous people’s lawyer Lynne Stewart.

We listen back to a past interview with Lynne Stewart February 4, 2008.

U.S. Court of Appeals for the Second Circuit Hears Lynne Stewart’s Arguments

Law and Disorder hosts welcome back civil rights attorney Lynne Stewart. Lynne Stewart has been free on bail pending appeal since federal judge John Koeltl gave her a 28 month sentence in October 2006. As you may recall Lynne Stewart was initially facing up to 30 years after being found guilty of conspiring to aid terrorists. She was convicted of distributing press releases on behalf of her jailed client Sheik Omar Abdel Rahman who is serving a life sentence on terror-related charges.

Here on Law and Disorder we’ve followed Lynne Stewart’s case as it contains key breaches of civil liberties such as government eavesdropping into attorney/ client conversations.

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Recognizing 50 Years of The Center For Constitutional Rights And Michael Ratner

Michael Ratner co-founded Law and Disorder Radio radio 13 years ago.  He died last May in New York City of complications after cancer surgery at age 73.  At the time, he was the President of the Center for Constitutional Rights. Some years ago he helped form it’s European counterpart, the European Center for Constitutional and Human Rights. Last year was the 50th anniversary of the founding of the Center for Constitutional Rights.

The held a commemorative conference in Berlin last December on the 50th anniversary of the CCR and honored it’s president, Michael Ratner.  Michael Smith, the co-host along with Heidi Boghosian of Law and Disorder Radiospoke at the conference about Michael Ratner and the four founders of the CCR. He was joined in his presentation by attorney Margaret Ratner Kunstler, a key figure in the early days of the CCR. Today we bring you excerpts from this presentation.

Law and Disorder March 6, 2017

Attorney Kellyanne Conway: Ethics Complaint

President Donald Trump and his main advisor Steve Bannon have declared war on any press that is critical of them. Last week in an historically unprecedented move they banned the New York Times and CNN from a news conference.  President Donald Trump’s spokesperson Kellyanne Conway has countered factual reporting with what she calls “alternative facts”, that is, lies. In order to raise the fear level of the population two weeks ago she falsely claimed a muslim carried out a terrorist massacre in Bowling Green, failing to indicate whether it was Bowling Green, New York, Bowling Green, Ohio, or Bowling Green, Kentucky.  Also that week she promoted Ivana Trump’s product line trying to perk up sales of Trump’s fading brand after her jewelry and dresses were dropped by Nordstrom and other department stores.

Kellyanne Conway is a lawyer who graduated from George Washington School of Law in Washington DC. Lawyers’ unethical and illegal conduct is monitored by the Bar Association there. In response to her unethical conduct a number of law professors who specialize in legal ethics filed a complaint with the association.

Guest – Attorney Ellen Yaroshefsky, a specialist in ethics who teaches at Hofstra Law School. Ellen Yaroshefsky is a former staff attorney and then board member of the Center for constitutional rights.  She is a leader of the National Lawyers Guild. Currently, she is the director of the Monroe Freedman Institute for the Study of Legal Ethics at the law school at Hofstra University.

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Obama v Bahlul Case: First Amendment Protections And More

We are on the verge of unconstrained military power to suppress dissent under Commander-In-Chief Donald Trump.  Section 1021 of the 2012 National Defense Authorization Act would allow him to fully put into effect the military detention of dissenters who oppose government wartime policies or support whistleblowers who bring those policies to light. In the case of ” Hedges versus Obama”,  the Department of Justice argued that “mere expressive activities” could be sufficient grounds for military detention of civilians such as journalists and US citizen Chris Hedges, at the Commander-In-Chief’s discretion. The conspiracy conviction by a Military Commission of Mr. Ali al Bahlul,  who made a movie promoting Al Qaeda, is going before the Supreme Court. He is represented by three attorneys including our guest Attorney Todd Pierce.

Guest -Todd Pierce, an attorney and a retired U.S. Army Judge Advocate General Corps Officer. He served as a military defense counsel before the Military Commissions on teams representing three Guantanamo clients. He remains involved with Guantanamo related issues as co-counsel on a Guantanamo case currently before the appellate courts as well as consulting on related human rights cases. He serves on the Advisory Board of ExposeFacts.org. He writes as a critic of U.S. foreign and national security policy, regularly contributing to Consortiumnews.com, antiwar.com, mondoweiss.net, and other media. He is a member of the Veteran Intelligence Professionals for Sanity and Sam Adams Associates for Integrity in Intelligence and the Consultative Counsel of Lawyers Committee on Nuclear Policy. He currently is working on a Masters Degree in Politics at the New School in New York with a particular focus on the works of Hannah Arendt and her writings on imperialism and totalitarianism.

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Law and Disorder February 27, 2017

My Friend Cayla And Other Toys That Spy

Several consumer advocates are urging retailers including Amazon.com and Walmart to stop selling a doll that can eavesdrop on children and families.

The groups are calling on the retailers to discontinue sales of the doll called My Friend Cayla after filing a complaint in late 2016 with the Federal Trade Commission. The complaint alleges that Cayla and another toy, the I-Que Robot, which isn’t sold in the U.S., can transmit recordings to Nuance Communications, a speech-to-text software company that contracts with military and law enforcement agencies, among others.

The doll, made by interactive toy maker Genesis, are wireless-enabled devices that advocates say can open the door to hackers, and other privacy violations.

In a letter to Amazon’s CEO, Josh Golin, of the Campaign for a Commercial-Free Childhood, wrote “My Friend Cayla poses significant security risks that could place children in physical danger…A stranger or potential predator within a 50-foot range can easily establish a Bluetooth connection with the doll, eavesdrop on the child, and even converse with the child through the doll.”

A similar letter, also signed by the Center for Digital Democracy and the Electronic Privacy Information Center was sent to Walmart, Target, and Toys ‘R’ Us. Toys R Us said the doll is no longer for sale at its stores or through its website.

Guest – Josh Golin, Josh started at CCFC as an intern in 2003 and has been with the organization in a variety of capacities ever since. Most recently, he served as CCFC’s Associate Director organizing CCFC’s advocacy campaigns and developing its communications strategy. His writings about the commercialization of childhood have appeared in a wide range of outlets. He and his wife Jennifer are doing their best to raise their daughter, Clara, commercial-free.

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Dakota Access Pipeline Dispatch #10

In early February, under orders from President Donald Trump, the Army Corp of Engineers approved and easement allowing Energy Transfer Partners to drill under the Missouri River near North Dakota’s Standing Rock Sioux Reservation. Standing Rock and neighboring tribes are trying to halt the project in court and pipeline opponents have embarked on a so called last stand, holding protests and actions across the nation. Authorities had set a deadline of February 22, 2017 for the protesters to clean up and return home. At the main encampment, trucks are hauling away garbage and abandoned goods. Some protesters are relocating to higher ground nearby on the reservation. In preparation for the evacuation dozens of North Dakota police and National Park Service rangers had surrounded the camp.

Water Protectors Legal Collective – NLG

Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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Law and Disorder February 20, 2017

 

The Deep State: The Fall Of The Constitution And The Rise Of The Shadow Government

A century ago, Ferdinand Lundberg wrote the classic book “America’s 60 Families” describing them, their interconnections and the powerful role they played in American governance.  This was in 1965 when the great sociologist C. Wright Mills wrote “The Power Elite” and then William Domhoff wrote “Who Rules America?” Now, Mike Lofgren has made a significant contribution in describing the workings of the American ruling elite with his book The Deep State: The Fall Of The Constitution And The Rise Of The Shadow Government.

Guest – Mike Lofgren worked in Congress for 28 years, 16 of them as a senior analyst at the House and Senate Budget Committees.  He held a top security clearance. He now represents no political party, no business interest, and no ideology. His previous book The Party Is Over was a New York Times bestseller.

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41s1YjDN5-L Sen. John F. Kennedy, (left), and Allen W. Dulles, Central Intelligence Agency (CIA) director, walks towards newsmen on the lawn of the Democratic presidential candidates in Hyannis Port, MA., home on July 23, 1960. The two men held a news conference after Senator Kennedy was briefed by Dulles on international affairs. (AP Photo/WCC)

The Devil’s Chessboard: Allen Dulles, the CIA, and the Rise of America’s Secret Government

As director of the CIA, from 1952 until Kennedy fired him, Allen Dulles has been said to exemplify unbridled authority at the height of the Cold War. Under his leadership the CIA became a lawless force domestically and internationally that engaged, with impunity, in covert acts such as the assassination of foreign leaders including Patrice Lumubo in the Congo and overthrowing the government led by Jacobo Arbenz in Guatemala.

As an attorney for the law firm Sullivan and Cromwell in the 1930s, Dulles protected and promoted Nazi-controlled cartels. He wielded his influence in the Office of Strategic Services during World War II and then in the CIA to shield former Nazis from prosecution for war crimes in the ’40s and ’50s. David Talbot writes in book The Devil’s Chessboard, ” over the final months of the JFK presidency, a clear consensus took shape within the American “deep state” Kennedy was a national security threat. For the good of the country he must be removed and Dulles was the only man with the stature, connections and decisive will to make something of this enormity happen. so he could enlist them to fight communists. In addition to assisting with the assassination of Congo leader Patrice Lumumba, he organized the Bay of Pigs invasion and tried repeatedly to murder Fidel Castro.

Guest – David Talbot, the author of the New York Times bestseller Brothers: The Hidden History of the Kennedy Years and the acclaimed national bestseller Season of the Witch: Enchantment, Terror, and Deliverance in the City of Love. He is the founder and former editor in chief of Salon, and was a senior editor at Mother Jones and the features editor at the San Francisco Examiner. He has written for The New Yorker, Rolling Stone, Time, The Guardian, and other major publications. Talbot lives in San Francisco, California.

Law and Disorder February 13, 2017

  • Updates: Oppressive Regimes Mask Misdeeds Under The Color Of Law

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Protection From Protecting the Nation from Foreign Terrorist Entry

Public backlash to Donald Trump’s executive order “Protecting the Nation from Foreign Terrorist Entry” has been fast and furious. The order’s stated policy is to protect the country from foreign nationals who intend to commit terrorist attacks in the United States. It directs the Secretary of State and the Director of National Intelligence to determine what information is needed from any country to decide if one of its nationals seeking admission is who he claims to be and does not pose a security or public-safety threat. It gives them 30 days to report the results of that determination with a list of countries that do not hand over adequate information.

The Executive Order imposes a 90-day suspension of immigrant and non-immigrant admission of aliens from countries designated in section 217 (1) (12) of the Immigration and Nationality Act, which excludes aliens who have been present in a specified country from participating in the Visa Waiver program.

Guest – Trina Realmuto, Litigation Director at the National Immigration Project. Trina’s work focuses on litigation before the federal courts on issues related to removal defense and government accountability. Previously, she wrote amicus briefs and practice advisories for the American Immigration Council. She also has worked abroad representing non-citizens applying for visas at U.S. embassies and consulates.

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By Source (WP:NFCC#4), Fair use, https://en.wikipedia.org/w/index.php?curid=52390444

Study : Social Media and Fake News in the 2016 Election

The 2016 presidential race was riddled with controversies, perhaps none more relentless than that of so-called “fake news.” A recent study reveals that fabricated news stories were viewed by only a small percentage of Americans and were likely not as influential in the election outcome as has been suggested.

This comes as Facebook and other social media sites have been criticized for permitting made-up stories to be shared on their platforms. Economists Hunt Allcott of New York University and Matthew Gentzkow of Stanford have released their findings in the report,”Social Media and Fake News in the 2016 Election.”

Guest – Hunt Allcott, Associate Professor of Economics at NYU and a Research Associate at the National Bureau of Economic Research. He is a Scientific Director of ideas42, a think tank that applies insights from psychology and economics to business and policy design problems, an Affiliate of Poverty Action Lab, a network of researchers who use randomized evaluations to answer critical policy questions in the fight against poverty, and a Faculty Affiliate of E2e, a group of economists, engineers, and behavioral scientists focused on evaluating and improving energy efficiency policy.

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