Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, NSA Spying, Political Prisoner, Surveillance, Torture, Truth to Power, War Resister
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Non-indictment of Hillary Clinton
FBI Director James Comey announced at a press conference last week that the FBI had concluded its investigation of Hillary Clinton’s use of her personal email account for State Department business and that he would recommend no criminal charges against her. Comey said that Clinton’s use of a private email address and server while she was Secretary of State was “extremely careless.” The investigation found that she had sent eight top secret documents through a hackable email account and that it was possible hostile foreign governments could’ve gained access. Since the announcment the House Oversight and Government Reform Committee chairperson Jason Chaffetz has called for an investigation to whether Clinton lied to Congress. In order to warrant a criminal indictment there had to be evidence that Clinton intentionally transmitted or willfully mishandled classified information.
Guest – Attorney Carey Shenkman, who primarily represent journalists, publishers, and filmmakers at risk of censorship or political persecution. He focuses on First Amendment, international law (particularly freedom of expression and right to protest), journalist and source protection, extradition. Carey had worked for Michael Ratner and now represents Julian Assange.
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Chelsea Manning Alleged Suicide Attempt Update
Lawyers acting for imprisoned Chelsea Manning, the Army soldier who as a truth teller passed evidence of US war crimes on to Wikileaks have expressed fury at the military authorities handling of her medical status amid a swirl of media speculation that she had attempted suicide. Manning who is serving a 35 year sentence for leaking secret diplomatic cables and other official documents has been cut off from contact with her lawyers and all other outside connections for more than 36 hours causing alarm among those closest to her. The sudden severing of contact follows a rash of media reports based on unconfirmed rumors about her medical condition. The Army is refusing to give details about what has happened. Persistent inquiries by the Guardian has produced only a statement from the Dept of Defense that stated the soldier was taken to the hospital in the early hours of Tuesday last week and now he’s been returned to Levenworth Prison.
Guest – Alexa O’Brien researches and writes about national security and capital crimes. Her work has been published in VICE News, The Cairo Review of Global Affairs, Guardian UK, Salon, The Daily Beast, and featured on the BBC, PBS Frontline, On The Media, Democracy Now!, and Public Radio International. In 2013, she was shortlisted for the Martha Gellhorn Prize for Journalism in the UK and listed in The Verge 50. ChelseaManning.org
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Federal Circuit Court: Criminal Defendants No Reasonable Expectation of Privacy On Personal Home Computers
Most of us assume that what we write on our own computers, in our own homes, is completely private. But a recent federal court decision held that criminal defendants have no reasonable expectation of privacy on their personal, home computers. And the government doesn’t need a warrant to hack into an individual’s computer.
In 2014, the FBI hacked–taking over and operating– a child pornography website called Playpen, for two weeks after a Virginia court issued a warrant to do so. Agents used software that bypassed Playpen users’ anonymity, enabling them to be tracked digitally. More than 135 people faced charges.
As courts are grappling to apply traditional rules of criminal procedure and constitutional law in these cases, several bad decisions are being made. At the forefront of educating the public about our digital rights is the Electronic Frontier Foundation, who filed an amicus brief in this case.
Guest – Sophia Cope, Staff Attorney at the Electronic Frontier Foundation. Previously, she worked at the Newspaper Association of America on freedom of the press and digital media issues, with a focus on protecting journalists’ confidential sources.
CIA Sponsored Terror, Criminalizing Dissent, Crony Capitalism, Human Rights, Surveillance, Targeting Muslims, Truth to Power
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NYPD Seizes Millions In Civil Forfeiture
Antiquated civil forfeiture procedures in NYC are causing many, including the city’s poorest, to have assets seized by the NYPD to fill the City’s coffers.
Elected officials are finally calling for the city to reexamine the mechanism that fills the city’s coffers with millions of dollars annually. In what many call a gross violation of civil liberties,the Office of Management and Budget report revealed that the NYPD seized over $5 million dollars through an opaque but common process of civil forfeiture in 2013. That doesn’t even count more than $8 million in cash and property that’s considered “unclaimed.”
Since the administrative code governing forfeiture was written in 1881, several court rulings have modified the procedure. In 1972, the civil rights case of McClendon v. Rosetti established that the city had not been providing due process to predominantly poor and minority New Yorkers when pursuing civil forfeiture. The ruling called the 1881 admin code “unconstitutional” and asked for a lower court to lay out new procedures for the NYPD property clerk. In 1974, the lower court laid out those procedures, making clear that the property clerk must prove that the property was somehow connected to the alleged criminal activity.
Yet forty years later, property clerks still enforce the law arbitrarily. The federal monitor designated by the court’s decision in 1974 has expired, leaving no independent body with oversight over how the NYPD pursues civil forfeiture.
Guest – Attorney Molly Kovel, Legal Director of the Civil Action Practice at The Bronx Defenders. Her practice includes a wide variety of direct legal services and affirmative impact litigation—including representing plaintiffs in Ligon v. City of New York, one of three federal class actions against the NYPD challenging unconstitutional stop and frisk practices. She has represented clients in a wide variety of civil venues in matters related to the collateral consequences of arrests and prosecutions. She has also advised hundreds of clients about the employment and licensing consequences of their criminal records, as well as assisting them in applying for Certificates of Rehabilitation and correcting criminal record errors. She trains criminal defense attorneys, social service providers and community members in these matters.
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Anti-BDS Legislation In New York State
We recently discussed how Israel advocacy groups and state law makers who support them have introduced anti-BDS legislation in up to 21 across the United States of America, including the US Congress. Today we look closely at New York State.
The New York legislature has tried in the past year, without success, to pass laws protecting Israel against the boycotts, divestment and sanctions movement–or BDS–for its illegal occupation of Palestinian lands.
In an unconstitutional move, given that the government may not penalize individuals or entities on the basis of free expression, Governor Andrew Cuomo recently issued an executive order directing all agencies under his jurisdiction to cease in dealing with companies and organizations that support BDS. The order calls for Cuomo’s commissioner to compile a list of institutions and companies that support a boycott of Israel. The list will be publicly posted.
Several organizations, including the National Lawyers Guild, Palestine Legal and CCR wrote in a legal memorandum critical of the anti-BDS bills pending in the New York legislature. More than 100 churches, human rights groups and legal organizations signed a letter to the New York legislature opposing the legislation, saying “it would chill and deter constitutionally protected speech by intimidating people from engaging in political actions for fear of being blacklisted.”
Guest – Dima Khalidi, founder and Director of Palestine Legal and Cooperating Counsel with the Center for Constitutional Rights (CCR). Her work includes providing legal advice to activists, engaging in advocacy to protect their rights to speak out for Palestinian rights, and educating activists and the public about the repression of Palestine advocates.
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Rasmea Odeh Case Update
Over 100 people gathered in Detroit to support Rasmea Odeh as she, her attorneys, and the prosecution appeared before Judge Gershwin Drain for a status conference last week.
Lead attorney Michael Deutsch announced that a tentative date for a new trial has been set for January 10, 2017.
Rasmea was convicted in 2014 of a politically-motivated immigration charge, and sentenced to 18 months in prison and deportation last year. In February of this year, the Sixth Circuit Court of Appeals sent the case back to Judge Drain, saying he had wrongfully barred the testimony of a torture expert that was critical to Rasmea’s defense. At the trial, Rasmea was not allowed to tell the entire story of Israel forcing her to falsely confess to alleged bombings in 1969, when she endured over three weeks of sexual, physical and psychological torture by the Israeli military.
Last week, the government called for a “Daubert Hearing,” to challenge the validity and admissibility of expert testimony (in this case, Fabri’s), and also requested to examine Rasmea with its own expert. If the hearing is granted by Judge Drain, it will happen on November 29 of this year, the International Day of Solidarity with the Palestinian People.
Two other positive developments occurred. Deutsch asked to have Rasmea’s “burdensome reporting requirements” to probation authorities reduced from once a week to once a month. Judge Drain did not object, commenting that his earlier concerns about her being a flight risk “have been alleviated.” He also suggested he would be willing to ease travel restrictions and allow Rasmea to occasionally travel within the U.S. The government wants to speak to the probationary authorities before agreeing to the end of the travel ban.
Guest – Attorney Michael Deutsch, After clerking for United States Court of Appeals Judge Otto Kerner, Mr. Deutsch went into private practice, joining People’s Law Office in 1970 where he has represented political activists and victims of police and government civil rights violations. His advocacy has taken him all around the world, including to hearings in the United Nations. He has tried many civil and criminal cases in federal and state courts, and has written and argued numerous appeals, including several in the United States Supreme Court.
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Why Does The IRS Need Guns?
There is a growing arsenal at paper pushing federal agencies with firearm and arrest authority that have expanded their arsenal since 2006, including the Small Business Administration, Social Security Administration, NOAA, the Education Department, the Department of Energy, the Bureau of Engraving and Printing, the National Institute of Standards and Technology and the Smithsonian Institute.
Special agents at the IRS, for example, have AR-15 military style rifles and nearly 4,000 Dept. of Veterans Affairs personnel are armed.
Recently, the group American Transparency released an oversight report on the federal government’s purchase of guns, ammunition, and military-type equipment. More than $335 million was spent by agencies we traditionally think of as administrative or regulatory, such as the U.S. Mint or the Smithsonian Institution.
Guest – Adam Andrzejewski, in 2007, he founded For The Good of Illinois to educate, engage and empower citizens to demand transparency and accountability. He also founded the transparency website, www.openthebooks.com, and launched it by posting the salaries and pensions of all 1 million Illinois public employees (2011). Today, OpenTheBooks.com is the world’s largest private repository of public spending with 2.6 billion individually captured transactions from the federal government, 48/50 states and 36,000 local units of government across America. Read – Why Does The IRS Need Guns?
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CIA Sponsored Terror, Civil Liberties, Climate Change, Criminalizing Dissent, Crony Capitalism, Cuba, Death Penalty, Extraordinary Rendition, FBI Intrusion, Gaza, Green Scare, Guantanamo, Habeas Corpus, Human Rights, Hydraulic Fracturing, Impeachment, Iran, Iraq Veterans, Iraq War, Military Tribunal, NSA Spying, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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¡Michael Ratner Presente!
We hear excerpts from Michael Ratner’s public memorial held in the Great Hall at Cooper Union in Manhattan, New York. It would have been Michael’s 73rd birthday on June 13, 2016.
¡Michael Ratner Presente! was co-sponsored by Cooper Union, the Center for Constitutional Rights, Democracy Now!, National Lawyers Guild, The Nation Institute, Nation Magazine, Haymarket Books, and Voices of a People’s History of the United States.
Michael Ratner’s Politics – By Michael Smith
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Green Scare, Habeas Corpus, Human Rights, Iraq Veterans, Iraq War, Military Tribunal, Political Prisoner, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Lawyers You’ll Like : Attorney Jim Lafferty
Periodically we feature a segment on Law and Disorder called Lawyers You’ll Like. Our guest today is attorney Jim Lafferty. Jim has been a lawyer and movement activist in Detroit, New York City, and Los Angeles since the 1960s when he served as executive director of the National Lawyers Guild and carried out civil rights work in the deep South. He was one of the national leaders of the anti-war movement during the Vietnam War. He also headed up the very successful National Lawyers Guild chapter in Los Angeles for 25 years.
Guest – Jim Lafferty, Executive director of the National Lawyers Guild in Los Angeles and host of The Lawyers Guild Show on Pacifica’s KPFK 90. 7 FM.
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American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes
World War II started on September 1, 1939 when fascist Germany attacked its neighbor Czechoslovakia. By the end of the war six years later some 80 million people had died and the continent lay devastated. The first trials of 22 Nazi leaders, general’s and bankers wer organized by the victorious allies, America, Britain, Russia, France and took place in Nuremberg Germany. 19 were found guilty and executed. Robert H Jackson, Associate Justice of the US Supreme Court and Chief Prosecutor for United States and Nuremberg wrote then that “we must not forget that the record on which we judge the defendants today is a record in which we will be judged tomorrow.” A recent article – Crimes of the War on Terror Should George Bush, Dick Cheney, and Others Be Jailed?
Intentional war is the greatest of all crimes because it contains with it all the rest of horrible crimes. The United States of America’s intentional war against Iraq, which was motivated to the public with lies about weapons of mass destruction, and which has since spread to six other countries in the Middle East, has resulted in over 1 million deaths, driven millions more from their homes, and destroyed ancient peoples and their cultures.
The United States helped establish the international principles that guided the prosecution of war crimes when Nazi officials were held accountable for their crimes against humanity. But the American government and its legal system have consistently refused to apply the same principles to our own officials. In her book American Nuremberg, Rebecca Gordon indicts the officials who, in a just society, whould be put on trial for war crimes and crimes against humanity. She acknowledges that the U.S. government is unlikely to do this and proposes an alternative based on the Russell Tribunals held in 1967 exposing American criminality in the war against Vietnam.
Guest – Rebecca Gordon received her B.A. from Reed College and her M.Div. and Ph.D. in Ethics and Social Theory from Graduate Theological Union. She teaches in the Philosophy department at the University of San Francisco and for the university’s Leo T. McCarthy Center for Public Service and the Common Good. Previous publications include Letters From Nicaragua and Cruel and Usual: How Welfare “Reform” Punishes Poor People . Prior to her academic career, Gordon spent a few decades working in a variety of national and international movements for peace and justice. These include the movements for women’s liberation and LGBT rights; movements in solidarity with the struggles of poor people in Central America; the anti-apartheid movement in the United States and South Africa; and movements opposing U.S. wars in Iraq and Afghanistan.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, War Resister
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We at Law and Disorder mourn the passing of our friend, co-host and co-producer Michael Ratner on May 11, 2016. Michael’s radical legal and political analysis, and his enormous compassion, was a rarity in the field of legal affairs broadcasting.
We shall miss him dearly.
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Updates:
- Co-host Michael Steven Smith Remembers Kent State Shootings May 4, 1970 and Jackson State University Shootings May 15, 1970.
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Discrediting the Red Scare: The Cold War Trials of James Kutcher, The Legless Veteran
Historian Robert Goldstein has just come out with the book “Discrediting the Red Scare: The Cold War Trials of James Kutcher, The Legless Veteran”. James Kutcher exposed some of the worst abuses of the red scare. His cases got massive publicity and contributed to the red scare’s demise and the discrediting of The Federal Employee Loyalty Program. Kutcher was a socialist in the 1930s and joined a small socialist organization. He was drafted shortly before American entry into World War II. He fought in north Africa and then Italy, where both of his legs were blown to pieces by a German mortar shell in 1943. After having both legs amputated and learning to walk with artificial limbs and two canes. In 1946, Kutcher was hired in a menial position at the veterans administration as a file clerk with no access to national security information.
However, as a result of President Truman’s March 1947 Federal Employee Loyalty Program, and more specifically due to the listing of Kutcher’s organization, the Socialist workers party, and the attorney generals list of subversive organizations mischaracterizing it as seeking to violently overthrow the government Kutcher was fired from his VA position. The government then sought to take away his World War II disability pension and then to evict him and his aged parents from there public housing project in Newark, New Jersey.
Goldstein’s book tells a dramatic story about a shy and timid person with true fortitude who fought for 10 years to establish his and all Americans’ constitutional rights to due process,freedom of speech and association. Robert Goldstein tells the story of a true American hero.
Guest – Robert Justin Goldstein is emeritus professor of political science at Oakland University. His many books include Flag Burning and Free Speech: The Case of Texas v. Johnson and American Blacklist: The Attorney Generals List of Subversive Organizations, both from Kansas.
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Saudi Arabia Threatens To Dump US Assets If Blamed For 911
Phyllis Bennis is a fellow at the Institute for Policy Studies in Washington DC and has written several books on the Middle East. She joins us to to talk about the alleged Saudi Arabian connection to 911 and Obama’s impending meeting with the Saudi Arabian king. The United States Congress is presently considering a bill to lift the sovereign immunity Saudi Arabia enjoys which protects their government from the pending wrongful death lawsuits brought by the families of the September 11, 2001 attack victims . Legislation to do this is backed by both Republicans and Democrats and opposed by the Obama administration.
The Saudi Arabian government has threatened, some have called it black mail, to dispose of the $750 billion in American assets, including treasury bonds, that it owns to protect itself if it’s sovereign immunity is lifted. Saudi Arabia along with Israel is America’s key ally in the Middle East.
Guest – Phyllis Bennis, directs the New Internationalism Project at IPS. She is also a fellow of the Transnational Institute in Amsterdam. She has been a writer, analyst, and activist on Middle East and UN issues for many years. In 2001 she helped found and remains on the steering committee of the U.S. Campaign to End Israeli Occupation. She works closely with the United for Peace and Justice anti-war coalition, co-chairs the UN-based International Coordinating Network on Palestine, and since 2002 has played an active role in the growing global peace movement. She continues to serve as an adviser to several top UN officials on Middle East and UN democratization issues.
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CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Surveillance, Targeting Muslims, War Resister
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Updates:
- Co-hosts Heidi Boghosian and Michael Smith Discuss Raza v. City of New York and Handschu v. Special Services Division Settlements.
- Renaming Law School After Supreme Court Justice Antonin Scalia
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Miko Peled: The General’s Son, Journey of an Israeli in Palestine – Second Edition
Miko Peled comes from a distinguished Zionist family. His grandfather signed in 1948 the Israeli declaration of independence. His father General Matti Peled, was a hero in Israel’s victorious 1967 war against 3 of it’s Arab neighbors. Miko Peled wrote the book “The General’s Son, Journey of an Israeli in Palestine” in 2012. It is an account of his family history and his own personal political and moral evolution. He served in the Israeli Air Force. His sister’s young daughter was killed by a Palestinian in a terrorist attack. His book is considered so important that it has been republished in a new updated second edition. Peled moved from Israel and now lives in San Diego. He believes the only just solution in Israel – Palestine is for the creation of a bi-national state with equal rights for the Palestinian people. He is in New York on tour to promote the second edition of this book.
Guest – Miko Peled is an Israeli writer and activist living in the US. He was born and raised in Jerusalem. His father was the late Israeli General Matti Peled. Driven by a personal family tragedy to explore Palestine, its people and their narrative. He has written a book about his journey from the sphere of the privileged Israeli to that of the oppressed Palestinians. Peled speaks nationally and internationally on the issue of Palestine. He supports the creation of a single democratic state in all of Palestine, and a firm supporter of BDS
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Racism Within Chicago’s Police Department
Chicago Attorney Flint Taylor is a founding partner in the People’s Law Office. He’s been engaged in police abuse litigation since the 1960s when he and his partner Jeff Haas represented the Fred Hampton family after Chairman Hampton, the head of the Black Panther Party was assassinated by the Chicago Police and the FBI. Flint then for 30 years represented the victims of the Jon Burge torture machine. Burge, through the use of torture got false confessions from more than 100 African American men, sending them to prison. Recently, under court order a video was released showing the execution by the Chicago Police of a young black man named Shaquan McDonald. In the wake of the release of the video, Chicago Mayor Rahm Emanuel was forced to fire his police chief and appoint a commission to investigate the lack of accountability and widespread racism in the Chicago Police Department.
Guest – Attorney G.Flint Taylor, a graduate of Brown University and Northwestern Law School, is a founding partner of the People’s Law Office in Chicago, an office which has been dedicated to litigating civil rights, police violence, government misconduct, and death penalty cases for more than 40 years.
