Law and Disorder January 25, 2016

Updates:

  • Co-host Michael Smith Makes Presidential Election Prediction

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Mumia Abu-Jamal Health Lawsuit Update

For three days in late December, the 3rd Circuit Federal District Court heard Mumia Abu-Jamal’s lawsuit against the Pennsylvania Department of Corrections for refusal to provide him treatment for Hepatitis C.  Testimony from Dr. Paul Noel, Chief Medical Officer of the Pennsylvania DOC revealed that under the DOC’s new protocols only 5 out of an estimated 5,000 prisoners with chronic Hepatitis C were being treated with the new anti-viral drug beginning this fall – less than 1/10th of one percent.

The trial ended with a stunning revelation that the lawyer representing the DOC had knowingly introduced false evidence. Dr. Noel was the final witness; he stated that an affidavit introduced by defense attorney Laura Neal bearing his signature was NOT his actual testimony. It quickly became evident that the DOC attorney had ignored Dr. Noel’s repeated requests not to insert an erroneous paragraph into the document–in other words, she tampered with the evidence.  This same altered affidavit had been a key piece of evidence used by a PA magistrate judge in September to deny Mumia’s injunction against the DOC.

Guest – Bob Boyle, one of Mumia’s attorneys and a long time National Lawyers Guild member.

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Guantanamo Bay Prison: 14 years

As of January 2016 more than 100 men remain at the U.S. military prison at Guantánamo Bay in Cuba. While our own Michael Ratner was president of the Center for Constitutional Rights, a network of hundreds of lawyers were at the forefront of the legal battle against indefinite detention and torture at Guantanamo. After the Center won landmark Supreme Court cases that established U.S. court jurisdiction over the prison and affirming detainee rights to habeas corpus review, hundreds of Muslim men and boys were gradually released from the offshore prison. Keep in mind the majority of the men at that prison weren’t charged with a crime. Many have been cleared for release yet remain trapped by political inaction or other bureaucracy. The pressure from concerned activist groups, organizations and citizens calling on the president of the United States to close Guantanamo has gained momentum.

Guest – Aliya Hussain, the Advocacy Program Manager for the Guantanamo Global Justice Initiative at the Center for Constitutional Rights.

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Drinking Water Crisis in Flint, Michigan

A severe water crisis in the city of Flint, Michigan is attracting mounting concern from around the country. Politicians, celebrities and even presidential candidates are focusing on the toxic tap water in one of Michigan’s biggest and most troubled cities. When the state took charge of the City’s budget during a financial emergency, it decided to temporarily switch Flint’s water source from Lake Huron to the Flint River to save money until a new supply line to Lake Huron was finished. After the April 2014 changeover, residents complained about water looking, smelling, and tasting odd. Virginia Tech researchers revealed that the water was highly corrosive. A class-action lawsuit alleges the state Department of Environmental Quality failed to treat the water for corrosion, as federal law requires, and because so many service lines to Flint are made of lead, the toxic element leached into the water of the city’s homes. Although the city switched back to the Lake Huron water supply in October, the damage was already done to the lead pipes. The state is now handing out filters and bottled water with the National Guard.

Guest – Sheila Foster, the Albert A. Wash Professor of Law at Fordham Law School and Faculty Co-Director of the Urban Law center at Fordham University.

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Law and Disorder January 18, 2016

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NYC Teacher Fired For Lessons About The Central Park Five

An English teacher at a New York City high school claims that she was fired because of a lesson on the so-called Central Park Five which school administrators warned her would “rile up” black students. Jeena Lee-Walker recently filed a lawsuit in federal court against the Dept. of Education and several administrators from the High School for Arts, Imagination and Inquiry after being fired for insubordination and poor evaluations. She claims they were the result of her pushing back on topics like the Central Park Five. Lee-Walker,  who graduated from Barnard and has post-graduate degrees from Harvard and Fordham, began working at the school in 2013 and says she was told to be more “balanced” in covering the Central Park Five case in November of that year.

The  lawsuit claims retaliation against her “violated her First Amendment right to discuss the Central Park Five case, and that the firing violated the city’s contract with the teacher’s union because she was not given a required 60 days notice.” As listeners may recall, the Central Park Five, who were wrongfully jailed for the 1989 rape of a Central Park jogger, received a $42 million settlement from NY City. In 2014, they sued the state seeking $52 million in damages for the emotional trauma of being incarcerated for years for a crime they were coerced into confessing to.

Guest – Attorney Ambrose Wotorson, a Brooklyn based attorney who is representing Jeena Lee-Walker in this case. He’s a trial lawyer focusing employment law and business litigation. Twitter account.

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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

Retired Florida U. S. Senator Bob Graham was the head of the US Senate intelligence committee and also  the chairman of the 9/11 commission of inquiry. He is the leading person trying to get President Obama to release to the public the suppressed 28 pages of the 911 report which have been hidden. Senator Graham contends that the 19 hijackers, 15 of whom who were Saudi Arabians,  could not have pulled off the operation alone and that in fact they were part of a support network involving the Saudi Arabian monarchy and government which helped plan, pay for and execute the complicated 911 plot which, says Senator Graham, would have otherwise been impossible to accomplish. Senator Graham has written the book Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror. It provides a candid insight to the workings of the US in Saudi relations and their implications on US foreign-policy making as it pertains to the middle east and bags tension, contemporary geopolitics.

Guest – Senator Bob Graham, is the former two–term governor of Florida and served for 18 years  in the United States Senate. This is combined with 12 years in the Florida  legislature for a total of 38 years of public service. As Governor and Senator,  Bob Graham was a centrist, committed to bringing his colleagues together behind  programs that served the broadest public interest. He was recognized by the  people of Florida when he received an 83% approval ranking as he concluded  eight years as Governor. Bob Graham retired from public service in January  2005, following his Presidential campaign in 2004.

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Saudi Arabia, Wahhabism and Middle East Geopolitics

We take a deeper look at Saudi Arabia and its relationship first United States and then to the other countries in the Middle East region.

Guest – Professor Rashid Khalidi, a Palestinian American who grew up in New York City. He teaches at Columbia University where he is the Edward Said Professor of Arab studies and the head of the Middle East Institute.  He is the author of a number of books, most recently “The Iron Cage: The Story of the Palestinian Struggle For Statehood. He has written more than 80 scholarly articles on Middle Eastern history and politics as well as op-ed pieces in the New York Times, the Boston Globe, the Los Angeles times, the Chicago Tribune, and The Nation magazine.

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Law and Disorder January 4, 2016

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U.S. Pressed on Israeli Settlement Tax Breaks

The U.S. Treasury has long turned a blind eye to as many as 150 nonprofits that funnel up to $1 billion a year to Israeli settlements, according to a federal complaint filed in December. It now finds itself as a defendant in a just filed a lawsuit by Washington DC attorney Mark McMahon. Rather than engaging in “charitable activities,” these nonprofits—supported by US donations—are allegedly fueling land theft, forcible expulsion of hundreds of thousands of Palestinians from their land, demolition of homes and paramilitary activities carried out by armed Israeli settlers against Palestinian civilians. Some of the tax-exempt entities include the Hebron Fund, the Gush Etzion Foundation, American Friends of Ariel and Friends of the Israeli Defense Forces.

Pro bono attorney for the plaintiffs in the case, Martin McMahon, claims that huge tax deductions are being taken that support ethnic cleansing of Palestinians. Proving the allegations could lead the U.S. to designate these entities as “special designated global terrorists,” stripping them of their tax-exempt status and freezing their assets, he says. In addition to entrenching Israel’s occupation of Palestine, the complaint alleges that these organizations have undermined U.S. foreign policy in support of a Palestinian state and helped breed the conditions from which Palestinian violent resistance emerges. It alleges that the Treasury’s “double standard” in enforcing its own regulations has led to the proliferation of the Israeli settlement enterprise, resulting in up to $1 trillion in lost U.S. tax revenue.

Guest – Attorney Martin McMahon, the founding member and managing partner of Martin F. McMahon & Associates. He has extensive experience in the securities industry, civil rights litigation, and has argued in over 10 appellate cases before the D.C. Court of Appeals and Maryland Court of Appeals.

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Islamophobia 2016

After 9/11, and now in response to recent events around the globe, thousands of innocent Muslims continue to be monitored, entrapped, and arrested in the name of subverting radicalized terrorism. Hateful rhetoric from presidential candidate Donald Trump and others have inflamed anti-Muslim stereotypes and led to numerous instances of hate crimes.

Joining us to discuss law enforcement ideologies and strategies, as well as the general public’s perceptions of Muslims, is Arun Kundnani, author of the 2014 book The Muslims Are Coming! Islamophobia, extremism, and the Domestic War on Terror.

Guest – Arun Kundani – Born and bred in London, Arun moved to New York in 2010 on a fellowship with the Open Society Foundations. He lives in Harlem. He is also the author of The End of Tolerance: Racism in 21st Century Britain, selected as a New Statesman book of the year in 2007. A former editor of the journal Race & Class, he attended Cambridge University, holds a PhD from London Metropolitan University, and teaches at New York University.

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Law and Disorder December 28, 2015

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Mumia Abu-Jamal Lawsuit Update

Mumia Abu-Jamal has gone to federal court in Scranton, Pennsylvania to get an order compelling the state of Pennsylvania to provide him with medical care for Hepatitis C.  Mumia has suffered symptoms of slurred words, elephants skin, scales and bloody cracks in his skin on 90 percent of his body. Other symptoms include extreme weakness, swelling of his limbs and loss of mental acuity. Mumia Abu-Jamal is being represented by Bret Grote of the Abolitionist Law Center and by Robert Boyle a National Lawyers Guild lawyer and prisoner’s rights advocate.

Guest – David Lindorff, is an American investigative reporter, a columnist for CounterPunch, and a contributor to Businessweek, The Nation, Extra! and Salon.com. His work was highlighted by Project Censored 2004, 2011 and 2012. Born in 1949, Lindorff lives just outside Philadelphia. He currently writes for ThisCantBeHappening.

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The General’s Son, Journey of an Israeli in Palestine

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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Trotskyists on Trial: Free Speech and Political Persecution Since the Age of FDR

The American war against Iraq, originally called Operation Iraqi liberation, (O.I.L.) was not fought, as we can clearly see now, to bring freedom and democracy to Iraq. But what about World War II, often called “the good war”?  There were socialists indicted tried and convicted for opposing the American government’s aims in World War II, which they said was an imperialist war for markets and territories. They were falsely accused of conspiracy to overthrow the American government by force and violence,  a thought crime,  and imprisoned in Minnesota before the American government got involved in the war, that is, during peacetime.  This was accomplished by the Roosevelt government, urged on by J Edgar Hoover and the FBI.  The indictments and convictions were secured under the recently passed alien and registration act, known as the Smith Act, named after its sponsor Howard K Smith, a southern anti-labor racist democratic senator.  Back then in 1941 fear was marshaled against socialists union liters who were called subversives just as fear is used now against Muslims and terrorists.

Guest – Professor Donna Haverty-Stacke, is an Associate Professor of History and Roosevelt House Faculty Associate at Hunter College, CUNY where she teaches courses in U.S. cultural, urban and labor history.  She received her BA in American Studies from Georgetown University in May 1994.  As the recipient of the Joseph L. Allbritton Scholarship she studied at Brasenose College, Oxford University where she earned an MSt in Historical Research in 1995 and an MLitt in Modern History in 1997.  She then attended Cornell University, where she graduated with a PhD in History in May 2003.

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Law and Disorder December 21, 2015

Updates:

  • Co-host Attorney Michael Smith Reflects On The Anti-Union Oppression In Detroit And Wisconsin In The Late 50s

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Trumbo

In the late 1930s and early 40s, many artists, writers, and intellectuals who sympathized with the poor, the labor movement, and the fights against racism and fascism aligned themselves with the Communist Party – which was then following the Stalinist policy of the “popular front”.  Hence, when the governments anti-Communist witch-hunt got underway soon after the end of the second world war in 1946, many in Hollywood were placed under suspicion. Lists of names were drawn up, and those named were subpoenaed by the house committee on un-American activities (HUAC). Novelist and screenwriter Dalton Trumbo had joined the Communist Party in 1943, and he was on that list. In 1947, when called to testify before the HUAC, Trumbo refused to testify on the basis of freedom of association and freedom of thought, both supposedly guaranteed by the First Amendment to the constitution known as the Bill of Rights.  Trumbo spent 11 months in federal prison in Kentucky. He was blacklisted and couldn’t get a job in Hollywood for 13 years, but won Oscars is for two movies that came out under other names. The movie Trumbo starring Bryan Cranston does an effective job of showing the fear of communism that was generated in those dark times and how it decimated Hollywood and was used for thought control.

Guest – Zachary Sklar, Oscar-nominated co-screenwriter of Oliver Stone’s film JFK, and author of the book JFK: The Book of the Film. He’s a journalist, and a professor at the Columbia School of Journalism. He was also a contributor to The Lies of Our Times, a monthly journal dedicated to exposing the truth behind the mainstream media. Zach collaborated with director Oliver Stone on the screenplay of the movie “JFK” and was editor of Jim Garrison’s book “On the Trail of the Assassins.”

Outgoing song – “Nothing” by the Fugs, performed by the Down Hill Strugglers

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Climate Change Conference COP21

The meeting on controlling climate change by reducing greenhouse gases produced by fossil fuels concluded in Paris last week and involved representatives from every nation in the world. The agreement that came out a Paris is widely believed by climate change activists to be not nearly enough; That we need more reductions or our very existence is threatened. Critics of the talks say that it fell short because there were no timetables and no targets and no binding commitments.

Guest – Eleanor Stein, teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental  and Atmospheric Sciences Department at SUNY. Eleanor Stein is teaching transnational  environmental law with a focus on catastrophic climate change. For ten years she served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.

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Law and Disorder November 30, 2015

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Lawyers You’ll Like – Attorney  Carol Sobel

As part of our Lawyers You’ll Like series, we’re joined today by civil rights attorney Carol Sobel. Attorney Sobel has spent more than 2 decades working in various positions for the ACLU, including as Senior Staff Attorney. She also chaired the National Lawyers Guild mass defense committee for many years helping coordinate a nationwide defense of Occupy protesters and marshaling legal defense at several Democratic and Republican National conventions.

Carol has been involved in numerous significant cases in federal and state courts including on behalf of homeless individuals on Los Angeles’ skid row. She has been involved in numerous significant cases in federal and state courts. She served as local counsel for the Center for Constitutional Rights in Humanitarian Law Project v. Ashcroft and served on the Rampart Blue Ribbon Panel investigating police corruption in California. A graduate of the Peoples College of Law, since 2002, Carol has been named as one of Los Angeles’ Super Lawyers for Civil Rights.

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The War ISIS Wants: Nafees Hamid

Today we take a look into the psychology of terrorist recruitment and mindset in the wake of the coordinated attacks in Paris carried out by the Islamic state. We also look at the profound allure of the propaganda bringing young Muslims in to join ISIS and become a Mujahid. The transition from regular person to a warrior willing to die for the revolution happens quickly. In the article titled Paris: The War ISIS Wants by Scott Atran and Nafees Hamid, the ISIS movement is described as a trans-national movement, a sub state that doesn’t depend on an infrastructure of a state system. That and ISIS’s unitary message and appeal has created a big problem for the west using military action and ramped up mass surveillance to combat and intercept terrorist acts.

Guest – Nafees Hamid, Social Psychologist Nafees Hamid of University College London, researcher, actor and author of many articles including The War ISIS Wants.

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