Law and Disorder November 15, 2021

Public Hostage, Public Ransom:, Ending Institutionalization in America

In the 1970s the shocking horrors of Willowbrook State School on Staten Island in New York City were exposed to the entire world. Some 30,000 disabled people lived in an isolated place segregated from the rest of society and horribly abused and neglected daily.

Dr. William Branston worked there and blew the whistle, telling the truth about this horrific place, the Willowbrook hell hole.

The mistreatment of disabled people and elderly persons’ mistreatment is facilitated because the institutions that has them get Medicaid funding. It is a national scandal. Willowbrook is seen as a turning point in the beginning of the disability rights movement in the United States.

The ancient Greek philosopher Aristotle said “life in the community is a necessary condition for a persons complete flourishing as a human being.“ This Is what needs to be done. Re-integrating these people into the community is the goal today across the USA.

We are joined in this interview by my friend and colleague attorney Richard Levy. It was Richard‘s law firm, Eisner and Levy represented Dr. Branston in a class action lawsuit against the state of New York.

Guest – Dr. William Bronston, author of Public Hostage, Public Ransom:, Ending Institutionalization in America. Dr. Bronston is an advocate for deinstitutionalization. He was a physician at Willowbrook State School in New York; medical director and consultant for the California Department of Developmental Services.

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The Movement To Ban Killer Drones

On October 29, as Joe Biden pulled U.S. forces out of Afghanistan, his administration launched a hellfire missile from an MQ-9 Reaper drone in Kabul that killed 10 civilians, including seven children, and then lied about it. They called it a “righteous strike” conducted in self-defense.

Nearly three weeks later, an extensive investigation by The New York Times revealed that the target of the drone strike, Zemari Ahmadi, was a U.S. aid worker, not an ISIS operative, and the “explosives” in the Toyota that the drone targeted were most likely water bottles.

Now an “independent Pentagon review” has concluded that no crimes were committed by U.S. forces, even though footage showed a child present minutes before the drone attack. The Air Force Inspector General admitted that 9 seconds before the strike, the surveillance video showed the presence of 4 children in the strike zone. But under international law, a targeted killing is only legal if it’s necessary to protect life, and no other means — including capture or nonlethal incapacitation — is available to protect life.

Nick Mottern is co-coordinator of Ban Killer Drones.org. He said, “The Pentagon’s assertion that no one did anything illegal to cause the drone deaths of the Ahmadi family members is a shameful side-stepping and a further cover-up of who made what decisions and why in this horrible slaughter. We need to see all the records surrounding this incident, including those that may help us to know the role of President Biden, if any.”

Ban Killer Drones.org is calling for reparation payments of at least $3 million for each of the 10 members of the Ahmadi family.

Meanwhile, although Biden withdrew the troops from Afghanistan, he has pledged to continue “over-the-horizon” operations from afar. Biden is following in the footsteps of his predecessors who all used drone strikes which killed untold numbers of civilians.

The drone that killed the Ahmadi family was operating out of Creech Air Base in Nevada. Ban Killer Drones helped organize the annual Shut Down Creech Week from Sep. 26 through Oct. 2.

Guest – Nick Mottern. Nick has been an tireless organizer of the movement to ban armed drones.

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Law and Disorder October 18, 2021

  • Editorial By Attorney Heidi Boghosian: Facebook’s Duty to Protect WhatsApp

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FBI Evidence Demonstrates Saudi Arabia’s Involvement in September 11 Attacks

The events on September 11, 2001 were a crushing blow to democracy and the rule of law in our country. The attacks paved the way for two illegal wars, first the American war against Afghanistan and then Iraq. It open the way for the national security state to develop expansively and implement a vast surveillance program on American citizens.

The attack on the World Trade Center and on the Pentagon happened 20 years ago and in retrospect was a turning point in American history. Law And Disorder Radio was launched three years after that event. Our mission was to defend both democracy and the rule of law.

The attacks were a crime against humanity. But instead of treating them as a crime it was turned into an occasion to launch aggressive and illegal wars. The Nuremberg trials against the Nazis who started World War II defined aggressive war as the ultimate crime because it held within it all lesser crimes.

In our show today we examine the new evidence on who was responsible for the attacks on September 11, 2001. The new evidence is a six year old FBI report released on President Biden’s order last month. Biden was told by the families of the victims of 9/11 that unless this report was released he was not welcome at any of the memorial services.

The FBI report demonstrates the complicity of the government of Saudi Arabia in the attacks. It was two Saudi Arabian government officials that helped the first two hijackers when they came to America. They were given money and help to get into flight school. They then hijacked American Airlines plane and flew it into. Senator Bob Graham was the head of the Intelligence Committee that investigated what happened on September 11th, 2001. Whistle blower Thomas Drake was a top official at the National Security Agency.

Guest – Paul Jay is the editor of the blog the theanalysis.news. We will discuss with him the kind of movement that is needed to reverse the nuclear arms race as well as to bring about a democratic organization of the economy.

Law and Disorder October 11, 2021

Julian Assange: October 26 Appeal

Julian Assange was a young computer genius, an Australian citizen, the publisher of Wiki leaks, an award-winning journalist, and the person responsible for embarrassing the United States by publishing material on American war crimes in Iraq and Afghanistan. He figured out a way to receive information from whistle blowers and publish the information anonymously in order to protect them.

When Mike Pompeo was Trump’s Director of the CIA he called WikiLeaks, which was founded by Julian Assange, “a hostile non-state intelligence agency.” Pompeo suggested that Julian Assange be kidnapped from the Ecuadorian embassy in London, where he had received political asylum, rendered, and assassinated.

What has been the reaction of the major news media to this extraordinary revelation? Will this affect the US governments continued efforts to have him extradited to the United States where he would be tried for espionage?

Assange is presently being held in solitary confinement in London‘s infamous Belmarsh prison. In earlier developments, Judge Vanessa Baraitser ruled that he could not be extradited to United States in defiance of the American request because she feared his prison confinement in an American maximum-security prison might cause him to commit suicide.

Her decision is on appeal by the Biden U.S. Justice Department and will be heard by the British High Court on October 26th.

In response to the revelations about Pompeo, Julian’s American attorney Barry Pollack said that “the extreme nature of the type of government misconduct that Yahoo News reported would certainly be an issue and potentially grounds for dismissal.“ He believes that Assange was targeted by both Trump and Biden like Nixon had targeted Daniel Ellsberg for his release of the Pentagon during the Vietnam war. In Ellsberg’s case the presiding judge dropped all charges against him.

Assange Defense

@defenseassange – Nathan Fuller twitter

Defend.wikileaks.org

Guest – Attorney Nathan Fuller who has been attending Julian Assange’s extradition hearing in London.  He leads the London-based Courage Foundation and the director of the newly formed Committee to Defend Julian Assange and Civil Liberties.

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Host Discussion: Challenges To Roe v. Wade And Donziger Case Updates

Last week thousands demonstrated across the country over woman’s right to choose. The demonstrations took place one month after Texas had enacted its infamous heart beat law which is nearly a total ban on abortion. It prohibits abortion after 6 weeks, when most women don’t know they’re pregnant. Currently the law established by Roe v Wade, defends women and affords them to get an abortion during the first two trimesters of their pregnancy. One in four women in the United States has had an abortion. The first thing the fascist Hitler government did in 1933 when in came to power was to lock up all the family planning clinics. Anti-abortion laws disproportionately attack black, brown and poor women. The Women’s Health Protection Act which would codify Roe v. Wade has passed the House and is now in the Senate where it will likely lose. Coming up in the Supreme Court is the Jackson Healthcare Case which originated in Mississippi. That state passed a law limiting the first 15 weeks of pregnancy. The first direct challenge to Roe v. Wade.

Guest – Marjorie Cohn, former criminal law defense attorney and professor emeritus at the Thomas Jefferson school of Law. She was the past president of the National Lawyer Guild and is a member of the bureau of the International Association of Democratic Lawyers. Professor Cohn has published four books about the war on terror. Last week she had published an article in the prestigious online magazine Jurist titled Samuel Moyn’s Unprincipled Attack on Human Rights Giant Michael Ratner is Shameful.

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Law and Disorder October 4, 2021

 

Post Occupation Afghanistan 2021

Afghanistan had a progressive modernizing government in the 1970s. It was headed by the Afghan Communist Party which was semi-independent of the Soviet Union. Women had the right to go to school. They did not wear burkas. They wore blue uniforms. Women had the right to a job. The infrastructure in Afghanistan was being built up with a lot of money from the Soviet Union.

But the Afghan people fell victim to the Cold War against Communism. The United States armed the Islamic fundamentalist Mujadaheen, in what became a full-scale civil war. They got help from the reactionary Pakistanis. The Afghan government invited the Soviet Union into Afghanistan. The Soviet Union got tied down in the battle and eventually withdrew. It so exhausted the Soviet Union economically and politically that by 1991, the Soviet government collapsed. President Jimmy Carter’s Secretary of State Zbignew Brzezinski, bragged about this as a great success for US policy.

The Taliban won the civil war, including with a promise to end the shelling of Kabul, and came to power in Afghanistan. Osama bin Laden located himself and his Al-Qaeda followers in that country. When the Twin Towers and the Pentagon were struck by Al-Qaeda on 9/11, and so many people in the US were paralyzed with grief and fear, the only response offered to the American people was revenge. This paved the way for the US invasion of Afghanistan, which soon won overwhelming popular support.

The US government was not really interested in bringing democracy to or preserving women’s rights in Afghanistan. The United States allied with the warlords of the Northern Alliance, showering them with money. Afghanistan became a tremendous supplier of heroin to the world market. Thousands of US soldiers died, tens of thousands were wounded, trillions of dollars were spent. The war was unwinnable. First Donald Trump announced he would withdraw US forces, then Joe Biden took US troops out of that country. What does the future hold for Afghanistan?

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

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Law and Disorder September 27, 2021

  • Alarming Growth In Urban Homeless: Commentary by Attorney Jim Lafferty

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Judge Rules Attorney Donziger Guilty of Six Contempt Charges; Faces Jail Time

Steven Donziger, who listeners will recall has been embroiled in a decades long fight against Chevron over their pollution in the Amazon rainforest the size of Rhode Island, was found guilty this July of criminal contempt by US district judge Loretta Preska. She ruled that Steven was guilty of six contempt charges for refusing to turn over evidence in a complex legal case that has pitted the lawyer directly against Chevron.

In a 245-page judgement, Judge Preska said Steven had “repeatedly and willfully” defied court orders adding that “it’s time to pay the piper,” with Steven facing six months in jail.

It has now been two years since Steven has been wearing a monitoring bracelet and under house arrests in his NYC home. He said he expected the decision and will appeal.

In 2016, US judge Lewis Kaplan granted Chevron seizure of the lawyer’s laptop and phone. When Steven appealed, he was slapped with the contempt charges and placed under house arrest.

Judge Preska’s judgment explicitly denies the lawyer has been the victim of a conspiracy, however. “Contrary to Mr Donziger’s assertion that his conviction was ‘pre-ordained’, the court finds him guilty on each count for one reason and one reason only: Mr Donziger did that with which he is charged. Period,” she wrote.

DonzigerDefense.com

ChevronToxico.com 

ChevronInEcuador.com

Guest – Attorney Martin Garbusone of three pro bono lawyers representing Donziger in an attempt to get his law license restored. Garbus has a long and distinguished career as a civil rights and first amendment litigator. Attorney Martin Garbus has represented Nelson Mandela, Daniel Ellsberg, and Cesar Chavez and worked in Rwanda, China, and the Soviet Union, among other countries.

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Samuel Moyn’s Unprincipled Attack on Human Rights Giant Michael Ratner is Shameful

A controversy was ignited two weeks ago when the New York Review of Books published an article by Yale Law Professor Samuel Moyn. The article singled out human rights attorney Michael Ratner, the cofounder of Law Disorder Radio. Ratner was the longtime president of the Center for Constitution Rights. He died five years ago. Professor Moyn uses him as a whipping boy to support his bizarre theory that punishing war crimes prolonged the wars in the Middle East by making them more palatable.

Professor Moyn disingenuously claims that enforcing the conventions against torture and opposing illegal war are mutually exclusive.

Moyn’s book Humane: How the United States abandoned Peace and Reinvented War was recently published. It was a chapter from this book that appeared in the New York Review of Books. Moyn makes the false and astonishing claim that “no one perhaps has done more than Ratner to enable a novel sanitize version of permanent war.”

Moyn wrote that Ratner and the CCR prolonged the Middle Eastern wars by suing the Bush- Cheney administration to stop them from abolishing the right of habeas corpus for Muslims the American government had imprisoned on its offshore prison in Guantánamo. The right of habeas corpus is ancient. It allows for a person held by the government to be informed of the charges against him, to be allowed to have a lawyer, and to be given a trial.

Guest – Marjorie Cohn, former criminal law defense attorney and professor emeritus at the Thomas Jefferson school of Law. She was the past president of the National Lawyer Guild and is a member of the bureau of the International Association of Democratic Lawyers. Professor Cohn has published four books about the war on terror. Last week she had published an article in the prestigious online magazine Jurist titled Samuel Moyn’s Unprincipled Attack on Human Rights Giant Michael Ratner is Shameful.

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Law and Disorder September 20, 2021

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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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“I Have Nothing to Hide” and 20 Other Myths About Surveillance and Privacy

Should we give up our privacy all together because we think we have nothing to hide? This is the perhaps the most pervasive of the myths about surveillance and privacy that Heidi Boghosian explores in her new book titled I Have Nothing to Hide and 20 Other Myths About Surveillance and Privacy.

Other popular misconceptions detailed in the book include the notion that surveillance makes the nation safer, no one wants to spy on kids, police don’t monitor social media, metadata doesn’t reveal much about me, Congress and the courts protect us from surveillance, and there’s nothing I can do to stop surveillance.

Privacy is a fundamental right, and one that we often take for granted in the digital era. In her new book from Beacon Press, Heidi debunks some of the reasons these myths have evolved and why we unquestioningly believe them. She warns of the dangers they present to our freedoms and suggests ways to protect ourselves from the government and corporations.

Guest – Attorney Heidi Boghosian is a New York City attorney, activist, and nonprofit director. She currently runs the A.J. Muste Memorial Institute, a charitable organization providing support to activist organizations. Before that she was executive director of the National Lawyers Guild. Her book I Have Nothing to Hide: And 20 Other Myths About Surveillance and Privacy was published in July 2021 (Beacon Press) and her earlier book Spying on Democracy was published in 2013.

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