CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Political Prisoner, Supreme Court, Surveillance, Torture, Truth to Power, War Resister
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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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CIA Sponsored Terror, Civil Liberties, Crony Capitalism, Gaza, Habeas Corpus, Human Rights, NSA Spying, Political Prisoner, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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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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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Political Prisoner, Surveillance, Torture
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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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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Truth to Power
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- Attorney Jim Lafferty Commentary on Solitary Confinement
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Steven Donziger Trial Set To Begin This Week
Sixty-year-old environmental lawyer Steven Donziger has been under house arrest without trial for the last 25 months on charges that normally have a max sentence of six months. To date this is the longest sentence imposed in New York on an attorney convicted of contempt. The contempt charges are from Donziger’s refusal to give his cellphone and computer to the court. We’ve been covering Chevron’s retaliation campaign against Donziger after he helped communities in Ecuador’s Amazon win a historic $9.5 billion judgment against the oil giant. His case showed how Chevron for deliberately dumped billions of gallons of carcinogenic oil water onto Indigenous ancestral lands. The multinational corporation enlisted 60 law firms and 2,000 attorneys to block Donziger’s advocacy. In the process they bankrupted his family, and intimidated environmental activists and allies internationally.
At last, Donziger’s trial is set to begin Monday, May 10. This case offers a play-by-play account of a private oil company set out to destroy an altruistic lawyer, environmental justice, corporate accountability, Indigenous rights, and free speech.
DonzigerDefense.com
ChevronToxico.com
ChevronInEcuador.com
Guest – Attorney Martin Garbus, one 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.
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International Commission of Inquiry on Systemic Racist Police Violence in the US
As issues of violent policing nag at the American public’s consciousness, a new report finds the US guilty of crimes against humanity and other violations of international law. On April 27, the International Commission of Inquiry on Systemic Racist Police Violence in the US Released its final Report on Racist Police Violence in the US. The report pulls together weeks of live hearings chronicling cases of people killed by police with African descent. The report also contains recommendations addressed to national and international policy makers.
The International Commission of Inquiry was organized by the National Conference of Black Lawyers, the International Association of Democratic Lawyers, and the National Lawyers Guild. A distinguished panel of international legal experts from eleven countries served as Commissioners. The full 188-page document is available at the Commission’s website as are videos and transcripts from the live hearings in 44 cases.
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.
CIA Sponsored Terror, Civil Liberties, Crony Capitalism, Habeas Corpus, Human Rights, Political Prisoner, Supreme Court, Surveillance, Truth to Power, War Resister
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Sensing Injustice: A Lawyer’s Life And The Battle For Change
We are going to spend the entire hour with attorney Michael Tigar to discuss his just published magnificent memoir Sensing Injustice: A Lawyer’s Life And The Battle For Change.
By the time he was 26, Michael Tigar was a legend in legal circles well before he would take on some of the highest profile cases of his generation. In his first US Supreme Court case, at the age of 28, Tigar won a unanimous victory that freed thousands of Vietnam war resistors from prison. Tigar also led the legal team that secured a judgment against the Chilean Pinochet regime for the 1976 murders of dictator Pinochet opponent Orlando Letelier and his colleague Ronnie Moffit in a Washington, DC car bombing.
He then worked with the lawyers who prosecuted Pinochet for torture and genocide. A relentless fighter of injustice, Tigar has been counsel for Angela Davis, Jamil Abdullah Al-Amin (H.Rap Brown). Tigar the Chicago Eight, and leaders of the Black Panther Party, to name only a few. His book is about stories, people stories of injustice, struggle, and sometimes vindication as he put it. Michael Tigar is a magnificent storyteller with a dry wit and a prodigious memory. Monthly Review link to Sensing Injustice
Guest – Constitutional attorney Michael Tigar, professor emeritus from The Washington College of Law and has taught at the University of Texas and Duke University. He has practice before the Supreme Court, arguing his first case when he was 24 years old. Tigar has written or edited more than a dozen of important books including “Law and the Rise of Capitalism.“ He has worked for over 50 years with movements for social change as a human rights lawyer, law professor, and writer. Since 1996 he has practiced law with his wife Jane B. Tigar. Michael Tigar’s blog Tigarbytes.
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CIA Sponsored Terror, Civil Liberties, Truth to Power
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The 1871 Anti-Klan Act And The NAACP Lawsuit
Black Mississippi Congressman Benny Thompson with the support of the National Association for the Advancement of Colored People (the NAACP) last month sued former president Donald Trump, his disgraced lawyer Rudy Giuliani, the fascist group Proud Boys, and the Oath Keepers, a far right organization of ex-military and policemen.
Thompson used the 1871 Anti-Klan Act as a basis for his lawsuit. He alleges that there was a conspiracy between Trump and the other defendants to stop Congress from doing its business when Trump incited the January 6, 2021 ransacking of the Capitol.
The 1871 Anti-Klan Act was passed for precisely this purpose. 150 years ago, six years after the conclusion of the Civil War, the southern losers who wanted to keep slavery in another form, formed the Ku Klux Klan to murder, terrorize, and harass Black people for registering to vote, voting, running for office or performing their duties after getting elected.
The launching of this lawsuit is an extremely positive development. It’s chances of success would be increased exponentially if the fight was extended beyond the courtroom and masses of people were mobilized behind it. This is a lesson to be learned from Attorney Michael Ratner.
Guest – Black rights and socialist activist Malik Miah, an advisory editor for Against the Current magazine and a regular contributor to the Australian newspaper, “Green Left Weekly”. Malik Miah is a retired airline mechanic and trade unionist at United Airlines in San Francisco.
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Ross Ulbricht: Petition For Clemency
Seven years ago a NY jury found Ross Ulbricht guilty on charges related to operating the Silk Road website. The site was a Tor-hidden site, and used Bitcoin, triggering an all-out FBI search to determine the operator’s identity. The 29-year-old convicted on seven charges, including a kingpin charge, and Judge Katherine Forrest imposed two life sentences and 40 years without the possibility of parole, for the young, nonviolent and first-time offender.
The sentence was far longer than prosecutors sought. The website sold, among other items, illicit substances. Ross wasn’t convicting of selling illegal drugs but rather of creating an e-commerce website that others elected to use for that purpose. At trial, no victims were named; rather rampant corruption, abuse, evidence tampering and several violations of Ross’s rights cast doubt in the legal and technology communities on both the conviction and the extraordinary sentence.
In the 2016 appeal, defense attorneys presented a litany of improprieties in the investigation and the trial itself. One of the consequential of these was the court precluding information about two corrupt federal agents investigating Silk Road who were sent to prison on corruption charges. The Supreme Court refused to consider the case. So supporters spent the past four years preparing to petition Donald Trump for Clemency.
Guest – Ross’s mother, Lyn Ulbricht joins us to talk about a petition for clemency to President Donald Trump. Free Ross Ulbricht.
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