Law and Disorder November 21, 2021

Our Class: Trauma and Transformation in an American Prison

American society is in an ever deepening crisis. Half the population is poor or near poor. Three men including Jeff Bezos of Amazon own as much as all these tens of millions of people combined. Climate catastrophe threatens life on our planet. Equally threatening is a very real potential for a nuclear war. Democracy and the rule of law are in free fall.

A manifestation of this societal crisis is our system of mass incarceration. It is the largest in the world, warehousing well over 2 million people. It is, along with militarized police, the primary form of social control, especially for poor people of color, in de-industrialized cities where the poor have been abandoned and are treated little better than human refuse.

Black Americans have especially suffered. They are incarcerated in state prisons at nearly 5 times the rate of white Americans. Nationally, one in 81 Black adults in the U.S. is serving time in state prison. Wisconsin leads the nation in Black imprisonment rates; 1 of every 36 Black Wisconsinites is in prison. In 12 states, more than half the prison population is Black: Alabama, Delaware, Georgia, Illinois, Louisiana, Maryland, Michigan, Mississippi, New Jersey, North Carolina, South Carolina, and Virginia.

Seven states maintain a Black/white disparity larger than 9 to 1: California, Connecticut, Iowa, Maine, Minnesota, New Jersey, and Wisconsin. Chris Hedges has taught in the college degree program offered by Rutgers University in the New Jersey prison system for over a decade.

His new book Our Class: Trauma and Transformation in an American Prison, is the story of a class he taught in East Jersey State Prison. His 28 students, who collectively had spent 515 years in prison, wrote a play about their lives called “Caged.”

The process of writing the play, which was eventually performed at The Passage Theatre in Trenton, New Jersey to sold out audiences and was published by Haymarket Books, ripped down the emotional walls most erect in prison and allowed his students to express in heartbreaking detail the trauma, grief, loss and violence that marked their, as well as the institutionally racist structures, often unseen by those on the outside, which keep the poor poor. And yet, the play they wrote was, at its core, about radical love, the solidarity and bonds that keep them human outside and inside prison walls.

Guest – Chris Hedges spent two decades as a foreign correspondent, 15 of them with The New York Times, covering conflicts in Central America, the Middle East, Africa and the former Yugoslavia. He learned overseas that the evils of empire are the external expression of white supremacy, just as mass incarceration, which he describes as the civil rights issue of our age, is the most brutal internal expression of white supremacy. Prisons , he writes, are the modern iteration of slave plantations. Hedges is the author of 14 books, The winner of a Pulitzer Prize for journalism, a graduate of Harvard Divinity school, and an ordained Presbyterian minister.

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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 November 1, 2021

Moving The Bar: My Life As A Radical Lawyer

Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.

Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.

– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law

Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.

– Attorney Bill Goodman

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Law and Disorder October 25, 2021

Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America

The spectacle of President Donald Trump and the palace intrigue in the White House has served daily to distract people from the political strategy and accomplishments of the radical right, which is taking over the Republican Party.

Over time, the GOP has been transformed into operation conducting a concerted effort to curb democratic rule in favor of capitalist interests in every branch of government, whatever the consequences. It is marching ever closer to the ultimate goal of reshaping the Constitution to protect monied interests. This gradual take over of a major political party happened steadily, over several decades, and often in plain sight.

Duke University Professor Nancy MacLean exposes the architecture of this change and it’s ultimate aim. She has written that “both my research and my observations as a citizen lead me to believe American democracy is in peril”.

Guest – Professor Nancy MacLean, whose new book, Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, has been described by Publishers Weekly as “a thoroughly researched and gripping narrative… [and] a feat of American intellectual and political history.” Booklist called it “perhaps the best explanation to date of the roots of the political divide that threatens to irrevocably alter American government.” The author of four other books, including Freedom is Not Enough: The Opening of the American Workplace (2006) called by the Chicago Tribune “contemporary history at its best,” and Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan,named a New York Times “noteworthy” book of 1994, MacLean is the William H. Chafe Professor of History and Public Policy.

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The Federalist Society: Shifting the U.S. Legal Landscape to the Right

With the recent nomination of conservative attorney Brett Kavanaugh to replace Justice Anthony Kennedy, the United States Supreme Court will have a majority of authoritarian anti-democratic jurists who support a powerful executive. At the same time, Donald Trump has wasted no time in appointing more conservatives to federal judgeships.

More and more we’re hearing that the once little-known Federalist Society is behind these appointments. But it’s now a new development. The Society was formed at Yale University in 1981, and has steadily and quietly been placing its lawyer members in positions of power in the government and judiciary.

In their 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, attorneys Michael Avery and Danielle McLaughlin track the movements of this small group of conservative law students and lawyers and their increasing influence. The Federalist Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Members include economic conservatives, social conservatives, Christian conservatives, and libertarians. One of the things that has made the Federalist Society so very effective is their big picture agenda. While they may have differences of opinion on a range of issues, they have successfully put those aside to advance a far-reaching, long-lasting, and broad conservative agenda. Their agenda is chipping away at social gains made since the 1930s. Medicare and Medicaid and Social Security are on the block. So is Roe v. Wage. Citizen United, holding that corporations are persons and money is free speech, and the union-breaking Janus decision are just the beginning. Other attacks on democracy include voter suppression, voter ID laws, and gerrymandering.

Guest – Attorney Michael Avery, the former president of the National Lawyers Guild, and is an expert in the areas of constitutional law and police misconduct.

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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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