Law and Disorder January 30, 2017

Attorney Jim Lafferty, Los Angeles Protests

Last week president trump the reception of the Dakota Area Pipeline and the Keystone XL pipeline, which will bring dirty tar sand oil from Canada through the USA to the Gulf of Mexico for export. According to James Hansen, the former climate expert for NASA, if this happens it will be “game over for the planet. ” We just learned that Trump is about to sign a package of executive orders threatening Muslims, Arabs, refugees, and immigrants. The women’s march last week after Trump had been in office for two days brought out some for million people across the country voted one half million in Washington DC and 750,000 in Los Angeles. We speak with Los Angeles National Lawyers Guild leader Jim Lafferty, who helped organize the demonstration.

Guest – Jim Lafferty is the former Executive Director of the National Lawyers Guild and a leader of the chapter.  His radio show on KPFK inspired Law and Disorder.   Attorney Jim Lafferty has been active since the civil rights movement in the south in the 60s and was a leader of the  movement against the war in Vietnam. In 2015, Jim Lafferty concluded 25-years as the Executive Director of the National Lawyers Guild in Los Angeles, and is now that organization’s Executive Director Emeritus. For the past 26-years he has hosted a weekly public affairs radio show on Pacifica Radio, The Lawyers Guild Show. He is the Chair of the Board of the Office of the Americas; an elected fellow in the Institute for the Humanities at the University of Southern California; was the co-founder and director of the National Peace Action Coalition during the U.S. war in Vietnam, the group that organized the largest antiwar protests during that war; was the founder and Chair of the Oakland County Branch of the American Civil Liberties Union in Oakland County, Michigan; has been featured in several documentary films, including The Corporation; was the national director of the National Lawyers Guild from 1963-1967; is the author of the afterword in Lawyers You’ll Like; and is the recipient of numerous awards, such as the National Lawyers Guild’s “Law for the People Award”, the Southern California ACLU’s “Defender of Civil Liberties Award”, and the first award from the Los Angeles Coalition to Stop LAPD Spying. As a founding partner of Lafferty, Reosti, Jabara, Papakian, James, Stickgold, Soble and Smith, Mr. Lafferty practiced civil rights, civil liberties, criminal defense, workers’ rights, and military law in Detroit, Michigan.

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Israel And The Palestinian State 2017

The colonial settler state of Israel was formed in 1948 pursuant to a declaration of the United Nations. The declaration  also envisioned a Palestinian state which has so far been prevented by Israel with the support of the United States.  In 1967 the Israeli Army captured the West Bank territory meant to be part of the Palestinian state and has in the last 50 years illegally ruled over a half million settlers who have been placed on the territory. Is it still possible to have a two state solution in the Middle East?  Is it too late?  Have the number of settlers reached a critical mass so that the two state solution is dead? Can the settlers be evacuated? If not, how can there be a Palestinian state?

Guest – Phil Weiss, founder of Mondoweiss, the well read and influential blog. In the past Weiss worked as a mainstream journalist for the Minneapolis Star and the New York Observer, the newspaper owned by Jared Kushner, Donald Trump’s son-in-law who when told that Phil Weiss was not a Zionist, fired him.

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U.S. Drug Policy 2017

With the election of Donald Trump and his selection of  the deeply reactionary former prosecutor and Senator from Alabama Jeffrey Beauregard Sessions as the new Attorney General and chief law-enforcement officer in America the progress in drug policy reform we have had over the last several decades is likely to be reversed. 28 states have legalized some form of medical marijuana and  a number states including Washington, Colorado, and most recently California and Massachusetts have legalized it’s recreational use. But an aggressive attorney general could reverse this.  “Good people don’t smoke marijuana.” said Sessions last year.  He also said that he thought that the KKK was “OK until I found out that they smoke pot.”  Federal law puts marijuana in the same schedule one category as heroin. At his Senate confirmation hearing Sessions would not promise to defer to the states the decision to prosecute people using medical marijuana sanctioned by state law.  He also supports mandatory minimum sentences which fuels mass incarceration and disproportionately targets people of color.

Guest – Ethan Nadelmann the founder and Executive Director of the drug policy alliance joins us today. It is a national advocacy organization for drug law reform that is grounded in science, compassion, and health and human rights.

Ethan was described by Rolling Stone as “the point man” for drug policy reform efforts and “the real drug czar,” Ethan Nadelmann is widely regarded as the outstanding proponent of drug policy reform both in the United States and abroad.Ethan is the founder and executive director of the Drug Policy Alliance, the leading organization in the United States promoting alternatives to the war on drugs.

Law and Disorder January 16, 2017

Update:

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Hacktivist Advocate

Long before news reports of Russians hacking, the Democratic National Convention dominated the news, a handful of lawyers across the nation were defending socially-minded hackers, or hacktivists, against harsh computer-related prosecutions. The term hactivism refers to persons who use computers to advance political agendas, often related to freedom of information, free speech and human rights.

Guest – Attorney Jay Leiderman, the Atlantic Magazine has called attorney Jay Leiderman the “Hacktivist’s Advocate” for his work defending individuals accused of computer-related crimes, especially those associated with Anonymous. An experienced defense attorney, Leiderman lectures nationally on a range of criminal defense issues. He is a founding member of the Whistleblower’s Defense League, formed to combat FBI and Justice Department tactics of harassment and over-prosecution to chill and silence those who engage in journalism, Internet activism or dissent.

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Attacks On Journalists, Hackers And Information Activists

In the past decade we have seen an unprecedented attack on hackers, journalists, whistleblowers, and other “information activists” who dare to let the public know what goes on within the corridors of corporate and governmental power structures.

Both sectors have launched an all-ought war on the ability of the public to access newsworthy information. Yet as this takes place, the public is being told that we no longer have a right to privacy, especially online privacy. Here to discuss trends in the laws and the often lawless acts that are used to suppress the public’s right to information and ultimately the possibility of democracy is attorney Abi Hassen.

Guest – Attorney Abi Hassen, is a consultant and cofounder of the Black Movement-Law Project. He was formerly the mass defense coordinator at the National Lawyers Guild. He has a J.D. from New York University School of Law, and an undergraduate degree in computer science from The Evergreen State College. With his extensive background in labor, political and community organizing, Abi has been active at the intersection of law, technology and organizing for social justice for more than a decade.

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Law and Disorder December 5, 2016

Update:

  • Hosts Remember Cuban Prime Minister Fidel Castro

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Remembering Cuban Prime Minister Fidel Alejandro Castro Ruz

When the American supported military dictator of Cuba Fulgencio Batista fled Cuba in January 1959 and the revolutionary government led by Fidel Castro marched into Havana they passed three laws.  The first lowered the age so that Fidel could be prime minister. He was 33 years old.  The second made Che Guevara a citizen of Cuba, he was Argentinian.  And the third was the great agrarian reform law. It took land from the large plantations, owned mostly by American corporations, and distributed it to the people who worked it. The Cuban government had a right to do this under international law. They offered compensation.

The Cuban government said they would reimburse the mostly American corporate land owners the amount that they listed as the value of the land for tax purposes. The corporations would not agree. Instead the American owned oil refinery refused to refine oil.  This would have shut down the Cuban economy. The Cubans responded by nationalizing the oil refinery. Then they nationalized the telephone company, the nickel mines, the automobile assembly plant and so on. The Cuban state took control of their own economy. This became what is known as the historic Cuban socialist revolution. United States policy from that day till now has been to overthrow this revolution and reinstall capitalism.  For 47 years Fidel Castro led the Cuban government in its resistance to American counterrevolutionary activity.

Guest – James Cockcroft, a retired professor and lifelong supporter of the Cuban revolution. A bilingual award-winning author of more than 50 books on Latin America, US hidden history, culture, migration, and human rights,  including most recently “Cuba In My Blood. ”  He has traveled to Cuba many times, has been active in Cuba solidarity work, and has called Fidel Castro a personal friend.  A bilingual poet, three-time Fulbright Scholar, and Honorary Editor of Latin American Perspectives, he serves on the Coordinadora Internacional de Redes en Defensa de la Humanidad, the International Committee for the Freedom of the Cuban Five, and civil society’s Benito Juárez Tribunal (vice-president, 2005) that judged U.S. terrorism against Cuba and International Tribunal of Trade Union Freedom (2009-10) that judged Mexico for its violations of labor and human rights. A Canadian immigrant, he is a member of the UNESCO-sponsored World Council of the José Martí World Solidarity Project, la Table de Concertation de Solidarité Québec-Cuba, la Société Bolivarienne du Québec, la Base de Paix Montréal, le Comité Fabio Di Celmo pour les 5, and the Canada-Cuba Literary Alliance.

Guest – Ike Nahem – A longtime anti-war, socialist, and labor activist Ike Nahem is the coordinator of Cuba Solidarity New York and a founder of the July 26 Coalition. Nahem is an Amtrak Locomotive Engineer and member of the Brotherhood of Locomotive Engineers and Trainmen, a division of the Teamsters Union. He participated in a panel on Latin American politics at the 2011 Left Forum.

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Dakota Access Pipeline: Dispatch #8: UPDATE-Army Will Not Grant Easement For DAPL Crossing

At the time of our weekly dispatch from Standing Rock North Dakota, at least two major developments were unfolding: (1) Governor Jack Dalrymple had recently enacted an emergency evacuation order, citing public safety due to the frigid weather and (2) as many as 2,000 veterans are planning to gather there next week to serve as “human shields” for protesters who have for months clashed with the police over the pipeline construction.

The evacuation order was issued to the hundreds of Dakota Access Pipeline protesters camping on U.S. Army Corps of Engineers’ land near the Missouri River. It was given as a winter storm left least a half foot of snow throughout the central part of the state. It followed an order by the corps that the land will be closed to the public earlier this week. Law enforcement officials have said they would begin blocking supplies, including food, from entering the main protest camp.

The order means that emergency services will not be made available to people at the camp except on a case-by-case basis. The order will remain until he rescinds it.

Standing Rock Tribal Chairman Dave Archambault II called the order “a menacing action meant to cause fear and is a blatant attempt by the state and local officials to usurp and circumvent federal authority.” The Veterans effort is planned as a nonviolent intervention to defend demonstrators from what the group calls “assault and intimidation at the hands of the militarized police force.”

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 November 26, 2016

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The Trump Administration And The Current Police State Apparatus

The movement for social change in the United States has been growing and accelerating in the last five years with the Occupy Movement, Black Lives Matter and now the large encampment and protest of Native Americans and their allies protecting our water in North Dakota. Half of American young people under the age of 29 say they would prefer Socialism. Bernie Sanders, running as a democratic socialist, had received more than 13 million votes. It is a time of great possibilities and simultaneously a time of great danger with the election of Donald Trump. What is the state of democratic rights as we go into the Trump era? Because of the policies of George W. Bush and Barack Obama  Americans are the most spied upon people in the history of the world with government surveilling every keystroke on their computers, social media,  and every email they send.  The ancient right of habeas corpus has been compromised allowing for indefinite detention of American citizens, military commission trials, and imprisonment offshore in Guantánamo Cuba. Extra- judicial assassinations are a regular practice, with American citizens being targeted and killed by drone strikes. Torture carried out by the CIA and private contractors has gone unpunished. The Posse Comitatus Act has been abolished and now the US military will be allowed to perform police functions inside United States.  The police force itself has been militarized and given military grade weapons.  What can the movement for social change expect from the Trump administration?

Guest – Attorney Baher Azmy, Legal Director of the Center for Constitutional Rights. He directs all litigation and advocacy around issues related to the promotion of civil and human rights. At CCR, he has litigated cases related to discriminatory policing practices (stop and frisk), government surveillance, the rights of Guantanamo detainees, and accountability for victims of torture. Baher is currently on leave from his faculty position at Seton Hall University School of Law, where he taught Constitutional Law and directed the Civil Rights and Constitutional Litigation Clinic.

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DAPL Protests Attacks: Oceti Sakowin Encampment

A week ago Sunday the water protectors numbering in the thousands including members of more than 100 Native American tribes at Standing Rock, North Dakota were brutally attacked for over six hours by police and  private security.   They have been camped in the freezing North Dakota weather attempting to halt the construction of a 1200 mile oil pipeline that is scheduled to go through sacred Indian lands and beneath the Missouri River and then through South Dakota, Iowa, and into Illinois. Pipelines frequently break and if and when this one does it will contaminate the water supply of some 15 million people.  Water from the river was sprayed on the protesters in 26° weather causing many of them to get life threatening hypothermia.  Rubber bullets were also shot at the protesters. A long-range sound cannon was employed to disorient them and mace was sprayed in their faces. Several hundred people were injured and more than 100 were arrested.  Although President Obama could stop the pipeline he has so far put off ruling on it’s legality or safety.  The 3.8 billion-dollar pipeline is owned by the energy transfer partners company, an outfit in which  Donald Trump has a large investment. The Norwegian government bank  has recently  pulled out of the project and if the pipeline is not completed soon other investors may bail jeopardizing the entire project. Oectisakowincamp.org

Guest – Angela Bibens, an attorney from Denver, Colorado, Angela practices criminal, juvenile and family law with a specialty in the Indian Child Welfare Act.  She earned her law degree from the University of Denver Sturm College of Law in 2006.  She is a wife and mother of three.  Angela has been the ground coordinator for the Water Protector Legal Collective at Oceti Sakowin Camp near the Standing Rock Sioux Tribe for the past three months.

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Campaign to Bring Home Mumia Abu-Jamal & Inside the Activist Studio 

The New York-Based activist group, the Campaign to Bring Mumia Home, is filming the second episode of an innovative project, Inside the Activist Studio on December 6 at the Schomburg Center for Research in Black Culture. Inspired by the popular television series, Inside the Actors Studio, its inaugural show featured a profile of Sekou Odinga.

The second episode features an interview with longtime activist Ramona Africa, of the MOVE Organization. Ramona was the only adult survivor of the police bombing of the MOVE home in West Philadelphia on May 13, 1985. The bombing caused a fire that the fire department initially allowed to burn and that killed 11 MOVE members, including five children. It devastated the 6200 block of Osage Avenue, destroying 61 homes and damaging many others.

Guest –  Professor Johanna Fernandez, is a native New Yorker. She received a PhD in History from Columbia University and a BA in Literature and American Civilization from Brown University. Professor Fernández teaches 20th Century U.S. History, the history of social movements, the political economy of American cities, and African-American history. She has previously taught at Carnegie Mellon University in Pittsburg, PA and Trinity College in Hartford, CT and is, most recently, the recipient of a Fulbright Scholars grant to the Middle East and North Africa that will take her to Jordan in spring 2011, where she will teach graduate courses in American History.

Guest – Ramona Africa, Minister of Communication for the MOVE organization.

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Law and Disorder November 14, 2016

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Uprooting Entrenched Systems of Power: Chris Hedges

On the morning after the US presidential election, we spoke with Chris Hedges. Chris has written several best-sellers including Wages of Rebellion, The Moral Imperative of Revolt, Empire of Illusion, Days of Destruction, Days of Revolt and War Is A Force That Gives Us Meaning.  In this interview, Chris provides an analysis of entrenched systems of power and shares his thoughts on how we all move forward to challenge a new series of repressive measures.

Guest – Chris Hedges,  author and journalist, who publishes weekly on Truthdig. He’s written 11 books, including New York Times best seller “Days of Destruction, Days of Revolt” (2012), which he co-authored with the cartoonist Joe Sacco. Other books include “Death of the Liberal Class” (2010), “Empire of Illusion: The End of Literacy and the Triumph of Spectacle” (2009), “I Don’t Believe in Atheists” (2008) and the best selling “American Fascists: The Christian Right and the War on America” (2008). He’s a former war correspondent, specializing in American and Middle Eastern politics and societies.

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Syrian Proxy Wars 2016

The horrific situation in Syria is something that the American people don’t know much about. Anti-war movement activists suffer from a lack of decent reporting. Some of the issues we’ll examine are – Is it a proxy war between Middle Eastern governments? Can Isis be reigned in? Should Assad go? Is that any of “our” business? Finally, should the American peace movement be promoting the goal of a weapons of mass destruction free Middle East?

Guest – Phyllis Bennis directs the New Internationalism Project at IPS, working as a writer, activist and analyst on Middle East and UN issues. She is also a fellow of the Transnational Institute in Amsterdam. In 2001 she helped found and remains active with the U.S. Campaign to End the Israeli Occupation. She works with many anti-war organizations, and writes and speaks widely across the U.S. and around the world as part of the global peace movement. She has served as an informal adviser to several top UN officials on Middle East and UN democratization issues.

Protesters demonstrate against the Energy Transfer Partners' Dakota Access pipeline near the Standing Rock Sioux reservation in Cannon Ball, North Dakota standing-rock-r-lederman

Attorney Jeff Haas: Dakota Access Pipeline Dispatch #5

Construction of the Dakota Access Pipeline continues. Two weeks have passed since we last spoke with Attorney Jeff Haas who has been representing the Native Americans and the protesters at Standing Rock. A lot has happened. The company is hellbent in getting that pipeline done and they’ve built it all the way up to the river, even though they don’t have a permit for going under the river yet.

The pipeline goes from North Dakota to South Dakota to Iowa. Winter is setting in. There are 5000 people encamped there. On October 27, 2016 with a huge military force. The governor and the armored police tried without success to roll things back.

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.

Guest – Lyla June Johnston, a writer, a Dine, Chayenne and Scandinavian poet

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 November 7, 2016

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More FDNY Lawsuits

Two years ago the New York Fire Department settled a racial discrimination suit brought by the Center for Constitutional Rights and the United States Department of Justice on behalf of the Vulcans, black fire fighters organization. The court awarded $100 million in back pay and benefits to fire fighters who had been discriminated against and to applicants who’s efforts to join the department had been stymied by what the court ruled was institutional bias. Two weeks ago a second lawsuit was filed by Brooklyn attorney Greg Smith on behalf of 10 African American civilians who work in the non-uniform part of the New York Fire Department. The suit alleges pay discrimination, retaliation for complaints, and harassment of black people working at the fire department.

Guest – Ginger Adams Otis  has been writing about New York City and local politics for more than a decade. She is a staff writer at the NY Daily News. Otis started covering City Hall and the Fire Department when she worked for The Chief-Leader, from there she moved to staff position at the NY Post. She’s also been a radio and print freelancer for WNYC, the Associated Press, BBC, National Public Radio, The Village Voice and national magazines such as The Nation and Ms. She lives in Harlem, NY.Ginger Otis. She’s the author of the book Firefight The Century-Long Battle to Integrate New York’s Bravest. Ms. Otis works as a staff writer for the NY Daily News.

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Anti-SLAPP Legislation

If you have ever left a less than favorable comment on a website such as Yelp or TripAdvisor you should know that some businesses or doctors are suing consumers for their negative reviews. Patients writing about botched surgical procedures or doctors’ billing practices have been sued in small claims court saying the bad reviews cost their practices thousands of dollars.

Two pending federal laws are designed to protect consumers from legal retaliation when they express opinions online.

The Consumer Review Fairness Act, dubbed the “Right to Yelp Act,” would bar companies from including gag clauses in agreements they ask consumers to sign. And the Speak Free Act would create a legal weapon for defendants in lawsuits over their publicly expressed thoughts. Such cases are called SLAPP (strategic lawsuits against public participation). Someone brought into court over their words can invoke the bill’s anti-SLAPP motion to get the case dismissed quickly and force the plaintiff to pay attorney’s fees.

Yelp is among some 40 companies and nonprofits backing the bills, which also have bipartisan support in Congress, where they are expected to move forward this fall. Some, however, find the bills unconstitutional as they might impose barriers to civil rights and public interest litigation.

Guest – Evan Mascagni, policy director at the Public Participation Project. The Project assists individuals and organizations working to pass anti-SLAPP legislation in the states while educating the public regarding SLAPPs and their consequences.

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How the CIA Killed Che: The Murder of A Revolutionary

The Cuban revolution of 1959 was a historical turning point. It ended American corporate and political control of the island’s economy and government and it demonstrated to other Latin American and Caribbean peoples that they could do the same. The American response was quick and deadly.  They overthrew any governments that did not oppose the Cuban revolution. This included Brazil, Argentina, the Dominican Republic, Bolivia and most spectacularly, in 1971, in an effort involving US Secretary of State Henry Kissinger, the democratically elected socialist government of Chile. Che Guevara failed in his attempt to defend the revolution in Cuba by extending it. He started in Bolivia with a band of international revolutionary guerrilla fighters and was quickly discovered, surrounded, and assassinated by Bolivian soldiers trained and organized by the CIA in an operation that was directed right out of the White House. The economic blockade of Cuba by the United States is still in effect.  Left leaning governments in Argentina, Brazil, and Honduras have been replaced by neoliberal capitalists under the favored hand of the American government.

Guest –  Professor Greg Grandin  wrote the introduction to the recently published book by our own Michael Ratner and Michael Steven Smith called “How the CIA Killed Che. Grandin is the author of a number of prize-winning books, including most recently “The Empire of Necessity: Slavery, Freedom, and Deception in the New World,” which won the Bancroft Prize in American History and was shortlisted for the Samuel Johnson Prize in the UK. NPR’s Maureen Corrigan on Fresh Air named The Empire of Necessity as the best book of 2014, both non-fiction and fiction. “Fordlandia: The Rise and Fall of Henry Ford’s Forgotten Jungle City” was a finalist for the Pulitzer Prize in History, as well as for the National Book Award and the National Book Critics Circle Award and was picked by the New York Times, New Yorker, Boston Globe, Chicago Tribune and NPR for their “best of” lists, and Amazon.com named it the best history book of 2009.