Law and Disorder August 23, 2021

“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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Julian Assange Update: Attorney Marjorie Cohn

The Julian Assange case is the most important civil liberties first amendment freedom to write/freedom to learn case of our times. Democracy cannot thrive without a free press that watches over the government and tells the truth. The government wants secrecy. We need transparency.

Julian Assange was a young Australian computer genius when he figured out a way for whistle blowers to reveal truths of government corruption, duplicity, and war crimes. Whistleblowers could report these things with anonymity.

The great Australian journalist John Pilger describes his accomplishments: “ WikiLeaks, of which Assange is founder and publisher, exposed the secrets and lies that led to the invasion of Iraq, Syria, and Yemen, the murderous role of the Pentagon in dozens of countries, the blueprint for the 20-year catastrophe in Afghanistan, the attempts by Washington to overthrow elected governments such as Venezuela‘s, the collusion between nominal political opponents (Bush and Obama), and the CIA Vault campaign that turned your mobile phone, even your TV set, into a spy in your mitts. And there is much more.“

The US government soon realized Julian Assange had to be crushed and silenced. Years ago the Department of Defense issued orders to smear his name. He was falsely accused of everything from rape to abusing his pet cat. Their smear campaign was largely effective with many leftists and liberals give only lukewarm support to Julian who now sits in solitary in Britain’s infamous Belmarsh prison awaiting extradition to a court in eastern Virginia which will certainly convict him and imprison him for the rest of his life. He faces charges of spying under the 1917 Espionage Act, which was never intended to be used against journalists but is now used regularly against whistleblowers.

He is in terrible physical and psychological shape. A lower court judge in Great Britain recently ruled that it’s likely that he will commit suicide and refused America’s request to extradite him. But an appeals court in Britain wants to take another look at the lower court’s evaluation. A hearing is scheduled for October 27th.

Guest – Attorney Marjorie Cohn  is a retired constitutional law professor from the Thomas Jefferson School of Law in San Diego. She is a past president of the National Lawyers Guild and a regular columnist in the online magazine ”Truthout” where she has a recent column on Julian Assange.

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Law and Disorder August 9, 2021

50th Anniversary Of The Attica Prison Uprising

September 9th marks the 50th anniversary of the Attica prison uprising and the subsequent massacre by New York State police and prison guards. The rebellion at Attica prison, a medieval looking place near Buffalo New York, began on September 9, 1971 and ended four days later with governor Nelson Rockefeller, and aspiring presidential candidate, ordering the massacre. It resulted in the most people ever killed in a civil setting in the history of the USA.

The rebellion was inspiring to many around the country and around the world in that it represented a growing movement fighting for prisoners and human rights.

Civil rights attorneys, many from the National Lawyers Guild, came from around the country to immediately respond to the massacre. They provided legal representation to inmates who were charged with crimes due to their involvement in the rebellion.

Many of the participants, particularly key organizers, were subject to abuse and torture by the prison guards after the rebellion was suppressed.

Guest – attorney Michael Deutsch from the Peoples Law Office in Chicago. He along with the late attorney Elizabeth Fink were the main lawyers for the Attica brothers. He represented several Attica brothers in criminal lawsuits and the brothers in a class action civil rights lawsuit which lasted over 20 years and settled in 1999 for $12 million.

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Cuban Uprising: Analysis

The Cuban revolution of 1959 was a blow to the American empire from which it has never recovered. The Cuban revolution was basically a nationalist one. Before the revolution most of the land was owned by American corporations and the country was run by an American puppet dictator. Cuba nationalized American owned property, which was their right under international law. Cuba offered to reimburse the American owners. They refused and responded by refusing to refine oil for Cuba to purchase. So the Cubans nationalized the American oil refinery. Then the American owned telephone company and the American owned nickel mines and so on. The Cubans took control of their own resources. This was the beginning of the Cuban revolution.

It has been the 61 year policy of USA to destroy and reverse the revolution by setting up a economic financial and commercial blockade of the island. The American policy was cruel and intentionally set out to cause suffering and misery. In this thing have succeeded.

The Cuban people are hungry. Covid19 is spreading on the island. The blockade,which was accelerated under Trump and continued under Biden, is preventing them from even getting adequate number of syringes to vaccinate the population.

Protests broke out on July 11. The protesters were Cuban workers fed up with their terrible conditions, intellectuals protesting restrictions, and American paid for counterrevolutionaries seeking to destabilize the government.

Guest – Arnold August is a Canadian journalist who has traveled often to Cuba and has written three books on the subject including his latest, Cuba – US relations: Obama and Beyond. In recognition of his unending efforts to publicize the realities in Cuba, Arnold August was awarded the Medal of Freedom by the Cuban Institute for Friendship. In March of 2019 August was banned from entering United States on account of his support for Venezuela.

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Law and Disorder August 2, 2021

Project YANO, JROTC, and Textbook Project

The Junior Reserve Officers’ Training Corps, or JROTC, is a federal program sponsored by the US Armed Forces in high schools and some middle schools across the nation and at US military bases globally. It currently teaches its lessons to more than half a million students in approximately 3,400 high schools nationwide.

In recent years, the military and its supporters have been promoting the idea of a significant increase in the number of high schools with JROTC—one proposal calls for expanding up to 6,000. Because of this, one nonprofit decided it was time to examine the textbooks used in JROTC classes to see what they are teaching.

The Project on Youth and Non-Military Opportunities, or Project YANO, is a counter-recruitment organization founded in 1984 and based in San Diego country. It released its findings in early July. Their reviewers have backgrounds in classroom teaching or education activists, or special knowledge of subjects JROTC claims to address, such as civil rights, violence prevention, leadership methods, and world history. Team members included current and retired high school teachers, military veterans, and a documentary film producer.

Guest – Rick Jahnkow, a co-founder and board member of Project YANO. Rick worked for 34 years as the organization’s full-time program coordinator. He has researched and organized around the issues of military recruiting, high school Jr. ROTC, and the general militarization of K-12 schools.

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Freedom House 2021 Report: Democracy Under Siege

What if you could assign a grade to countries based on how free they are? Freedom House, a nonprofit organization founded in 1941, does just that. In 1973, it began using social science analysis methods to assess the level of freedom by nation, attaching a numerical score and ranking them as Free, Partly Free, or Not Free.

The report, known generally as Freedom in the World, has been called the “Michelin Guide to democracy’s development” and “essential reading for policymakers and political leaders.”

The 2021 report, “Democracy Under Seige was written by Amy Slipowitz and Sarah Repucci. They noted that the pandemic, combined with economic and physical insecurity along with violent conflict, struck a heavy blow to defenders of democracy. It shifted the international balance in favor of tyranny.

Incumbent leaders, according to the report, increasingly resorted to force when dealing with opponents while “beleaguered activists—lacking effective international support—faced heavy jail sentences, torture, or murder in many settings.”

Guest – Sarah Repucci, Vice President of Research & Analysis at Freedom House. Sarah oversees Freedom House’s flagship publications Freedom in the World, Freedom on the Net, and Nations in Transit. She advises policymakers and business leaders on democracy and human rights around the world, and her commentary has appeared in the New York Times, the Washington Post, CNN, the BBC, National Public Radio, Foreign Policy, and the Journal of Democracy. She previously worked for Transparency International and the Global Business Initiative on Human Rights, and as an independent consultant for several NGOs, and private businesses.

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Law and Disorder July 26, 2021

Charges Dropped Against Pipeline Activists

The climate movement won a significant victory on July 13 when all charges were dropped against 16 pipeline protesters and a journalist. The local district attorney in Saint Martinsville, Louisiana rejected all criminal charges and vowed not to prosecute them for alleged violations of Louisiana’s anti-protest amendments to their critical infrastructure law.

The Bayou Bridge pipeline is the tail end of the infamous 1172 mile long Dakota access pipeline which brings dirty oil from North Dakota to the Gulf of Mexico. The end of the pipeline runs from Texas to Louisiana.

In 2018, in the midst of fierce opposition to the Bainbridge Pipeline and at the urging of an industry association to Louisiana legislator added pipelines to the definition of critical infrastructure to significantly raise the penalties for people protesting pipeline project. Those found guilty could be punished with five years in prison with or without hard labor.

This critical infrastructure law is part of a national effort to crack down an environmental activists across the US. The law in Louisiana was adopted from model legislation put forward by ALEC, the corporate funded politically conservative group. Similar legislation aimed at pipeline protesters has been introduced more than 23 times in 18 states since 2017 and is in effect in 15.

Karen Savage, an independent journalist who was arrested, said that “the first amendment guarantees water protectors the right to protest and protects my right as a journalist to report those protest without fear of retribution.“

Guest – Anne White Hat, one of the people arrested and charged under the law.  Whitehat Botanicals

Guest – Attorney Pam Spees, one of the team of attorneys that handled the criminal defense case. She’s also representing Anne White Hat in a case challenging the constitutionality of the Louisiana law. Whitehat v. Landry

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Continued Erosion Of Voting Rights In The United States

We are in the middle of a second great disenfranchisement in America. The first was after the Civil War reconstruction ended and Black people were stripped of their right to vote and their ability to hold office. This disenfranchisement lasted almost 100 years until the modern civil rights movement of the 1960s.

Legislatures in Republican run states are imposing new voting restrictions particularly on non-white voters. The Brennan Center found that as of June 20th, 17 states enacted 28 new laws restricting the ability to vote since the start of the year.

Republican run states hastened to restrict voting by mail and in person, voting hours and locations, and the implementation of voter registration and voter ID requirements.

Georgia banned giving food or water to voters waiting in long lines, lines that were caused by reduced access to ballot casting locations in Black precincts. They get away with this by raising the imaginary problem of voter fraud.

The Supreme Court has six reactionary judges and three liberals. Three of the reactionaries were added to the court by Donald Trump. The reactionaries recent decision in Brnovich v Democratic National Committee delivered a huge hit to American democracy, such as it is. The decision makes the Court look like an obvious political institution where justices are simply partisan politicians with robes.

In the recent Brnovich decision, the court eviscerated the strongest remaining sections of the Voting Rights Act rights of 1965 which held that election laws and voting rules that actually had a racially discriminatory impact could be blocked.

The first major blow to the voting rights act was in 2013 when the court held in Shelby versus Holder that federal authorities could no longer block regressive new election laws or voting rules in jurisdictions with histories of discrimination.

“Effectively, most of the Voting Rights Act is now dead,” declared Hamlin University scholar David Schultz who specializes in elections.

Guest – Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught from 1991-2016, and a former president of the National Lawyers Guild. She lectures, writes, and provides commentary for local, regional, national and international media outlets. Professor Cohn has served as a news consultant for CBS News and a legal analyst for Court TV, and a legal and political commentator on the BBC, CNN, NPR, and other major stations.

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Law and Disorder July 12, 2021

Public Intellectual: The Life of a Citizen Pilgrim by Professor Richard Falk

If we are ever to have a world not threatened by catastrophic climate change and devastating nuclear war we will need a world governed by respect for the rule of law, democracy, and the democratic right of peoples to self- determination. After the World War II, the United Nations was established in 1945 in an effort to prevent future wars. In this it has failed. The United States of America has been at war almost every year since its beginning and almost every year since the 50’s starting with Korea, then Vietnam, then Afghanistan, Iraq, Syria, and Libya.

Today the United States has 800 bases abroad in 80 countries. It spends $753 billion a year on the military, which is 53 cents out of every tax dollar.

Michael Ratner, a founder of Law And Disorder Radio and who practiced human rights law internationally, used to say that you cannot have imperialism abroad and democracy at home. He said it was a truth established by the decline of both the Greek and Roman empires thousands of years ago.

Guest – International Law Professor Richard Falk who is still teaching and going strong at age 90. He has recently had published his magnificent memoir titled Public Intellectual: The Life of a Citizen Pilgrim. Professor Falk is a leading international law professor, prominent activist, public author, and a pioneer thinker dedicated to peace and justice. He taught at Princeton University for 40 years and was active in seeking an end to the Vietnam war, a better understanding of Iran, a just solution for Israel/Palestine, and improved democracy everywhere. He also served as the UN Special Rapporteur for Occupied Palestine. He has written 50 books. Since 2009 he has been nominated annually for the Nobel Peace Prize.

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In Defense of Whistleblowers: Attorney Sarah Alexander

James Glenn was working for NetDesign, a Cisco Systems reseller in Denmark when he came across a vulnerability in software made for a line of Cisco’s video surveillance cameras. The flaw made it easy for would-be hackers to access the systems running the devices and to penetrate the systems on a deeper level after gaining entry. Glenn made the discovery after taking part in his company’s “own medicine” initiative, where staffers test equipment and software for security holes. In 2008 he reported the issue to his employer and to Cisco, assuming that he’d be praised for finding the problem. Instead, he was fired.

Cisco Systems is one of the world’s leading information technology and networking companies. With a market cap of close to $195 billion, Cisco dominates the networking and communications devices industry. Glenn notes that he learned the cameras and software were still being used by the Los Angeles International Airport, and in 2010 he spoke with law enforcement personnel about his concerns regarding LAX. According to court filings cited by Glenn’s attorneys, Cisco failed to fix the vulnerability until an updated version of the software was released in 2012. It then took the company 3 more years to release a security advisory to companies using the previous, flawed version of the software.

Stories like this are all too common. Whistleblowers frequently lose their jobs and suffer significant personal hardships as a result of coming forward on behalf of the public’s interest.

Guest – Attorney Sarah Poppy Alexander of the law firm Constantine, Cannon. Poppy represents whistleblowers and government entities in so called “qui tam” lawsuits in both federal and state court, as well as under the IRS and Securities and Exchange Commission’s whistleblower programs. Poppy has been selected to the Northern California Super Lawyers Rising Stars list every year since 2016. Before joining Constantine Cannon, Poppy was an associate attorney at Rosen, Bien, Galvan & Grunfeld LLP, where she worked to ensure prisoners received appropriate medical and mental health care and adequate accommodations for disabilities in jails and prisons. Poppy graduated from Harvard Law School and holds an M.A. in Political Theory from the University of California, Berkeley, and a B.A. from Yale College.

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Law and Disorder June 28, 2021

Building Support To Free Wikileaks’ Julian Assange

Whistle blowing Australian journalist and the publisher of WikiLeaks Julian Assange sits in a jail cell in solitary confinement in London’s infamous Belmarsh prison. There he awaits the decision of the British High Court as to whether at the behest of the Trump and now Biden administrations he will be extradited to the Eastern District of Virginia to stand trial on 17 counts of espionage under the recently resurrected 1917 Espionage Act which was originally enacted to be used against spies. He will certainly be sentenced to imprisonment for the rest of his life at a super maximum-security prison where communications with the outside world will be cut off.

His case is on appeal to the British High Court. At the recent extradition hearing British magistrate Vanessa Baraitser ruled in favor of the United States on all 17 counts of espionage lodged against him by the Trump administration. She did however rule that Julian Assange would be subjected to terrible conditions in American maximum-security prison and therefore should not be extradite. The Biden administration has appealed this ruling.

The charges Assange faces are a major threat to press freedom. James Goodale, who represented the New York Times in the Pentagon papers case, commented, “The charge against Assange for “conspiracy” with a source is the most dangerous I can think of with respect to the first amendment in all my years representing media organizations.”

It is crucial to build support for Assange and preventive his delivery into the hands of the Biden administration and its prosecutors.
Julian Assange’s crime was to expose the war crimes, murder, and the inner workings of the American empire to the world press. He might pay for this embarrassment with his life.

Homerun4Julian.com

Guest – John Shipton, Julian’s father who is visiting the United States from his native Australia touring to raise support for his victimized son.

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Take Me To Your Leader: The Rot of the American Ruling Class

We need to know our enemy because the task of changing society begins with understanding who holds power. In 1915 the great Irish socialist James Connolly said, “O, yes! The ruling class are worthy of study. The natural history of the ruling class is a fascinating interest. You begin with interest, you proceed with awe and admiration, you deepen into hatred, and you wind up with contempt for the nature of the beast. You realize that – the capitalist class is the meanest class that ever grasped the reins of power”.  Jacobin magazine’s Spring 2021 issue is devoted entirely to an examination of the ruling class.

Guest – Doug Henwood who has an article in Jacobin titled Take Me To Your Leader: The Rot of the American Ruling Class. Doug Henwood is the editor of Left Business Review and the host of the radio program Behind the News.

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