Law and Disorder November 6, 2023

Israel’s Unfolding Crime of Genocide of the Palestinian People & U.S. Failure to Prevent and Complicity in Genocide

We’re now in week four of Israel’s massive military assault against the people of Gaza and the West Bank, which began in response to Hamas’s brutal attacks in Southern Israel on Oct. 7th, which killed 1,400 people and resulted in more than 200 people being taken hostage.

Israel contends the military bombardments are justified as self-defense. But others, such as Secretary General of the United Nations Antonio Guterres, insist that although the attacks by Hamas on Oct. 7 were “appalling,” Israel’s “collective punishment” of civilians cannot be justified under humanitarian laws.

Worse, according to the global charity Save the Children, in the past three weeks, more children have been killed in Gaza than in all of the world’s conflicts combined in each of the past three years. Defense for Children International-Palestine reported that 40% of the Palestinians killed in Gaza are children, and that as of October 30, Israeli forces have killed at least 3,450 kids, and over 1,000 more are missing.

On October 18, 2023, the Center for Constitutional Rights (also known as CCR) published an emergency legal briefing called, Israel’s Unfolding Crime of Genocide of the Palestinian People & U.S. Failure to Prevent and Complicity in Genocide. The 44-page document provides a sobering legal and historical analysis of the current situation in Israel, the West Bank and Gaza.

We are so grateful to have with us two members of CCR’s legal team working on the legal analysis of genocide.

Guest – Astha Sharma Pokharel, CCR staff attorney who specializes in international humans rights and in challenging racial and environmental injustice, and has represented individuals targeted for their Palestine solidarity advocacy.

Guest – Sadaf Doost, an attorney and Bertha Justice Fellow at CCR. Sadaf focuses on human rights in the context of Afghanistan and Palestine, and challenges unlawful detentions at Guantánamo Bay and environmental racism in Cancer Alley.

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Class Action Anti-Trust Case Against Metropolitan Museum of Art

George Grosz was a German artist whose work very effectively satirized the new Nazi regime in Germany for the thugs and buffoons that they were. As a consequence, he was forced to flee to New York City, where he taught for many years at the prestigious Art Student League. Our guest today, Bob Cenedella, was his student and later a teacher at the league. Like his mentor, Bob Cenedella is a political person and a fine artist. His work has not been acquired by any museum. Nor does he have representation by a gallery.

Five years ago Cenedella brought a class action anti-trust lawsuit against the Metropolitan Museum, the Museum of Modern Art and others in New York City. The basis of his lawsuit brought on behalf of himself and others, was that the museums, along with the galleries and auction houses control the art market and made it almost impossible for artists who expressed political sensibilities to be recognized or adequately compensated.

In his lawsuit, Cenedella says that “ I, firmly believe it has become my duty and responsibility to expose, what I believe to be, the corporate museum cartel for the role they play in the manipulation of the overall art market. The system today – put in place by galleries, auction houses, and art critics– has nothing to do with talent, development of skill, or maturation of the art world. I am taking extreme, legal measures – suing the museums – not just for myself, but for the innumerable other deserving artist as well.” Contemporary art has become a “Con”and “temporary .“

Guest – Robert Cenedella has been a member of the New York City contemporary art scene for more than four decades. He studied with George Grosz at the Art Students League of New York where he taught for many years. Cenedella‘s art work, as M.K. Flavell writes in her biography of Georg Grosz. “Chronicles the every day life and the change in rituals and mythologies of sex, sports, art, politics, money, making in contemporary America, with a combination of imaginative, vitality, precision, and humor.“ His lawsuit was dismissed by a federal court in New York City. Contact : artmutt (at) aol (dot) com

Hosted by attorneys Michael Smith and Maria Hall

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Law and Disorder October 30, 2023

Trilateral Security Alliance Meet to Request Assange Extradition

Australian Prime Minister Anthony Albanese was in Washington last week meeting with Joe Biden. They discussed AUKUS, the trilateral “security” alliance between the U.S., UK and Australia, which is a bulwark against the perceived threat from China. AUKUS seeks to transfer U.S. and British nuclear submarine technology to Australia. But Australia’s support for a potential U.S. war against China over Taiwan, which China considers part of China, is not a foregone conclusion.

Also reportedly on the agenda for the high-level meeting was the U.S. request for extradition of WikiLeaks founder Julian Assange, who is an Australian citizen. Assange has been held for four years in a high-security London prison. He is facing 175 years in prison if extradited, tried and convicted in the U.S. for charges under the Espionage Act for revealing evidence of U.S. war crimes.

Albanese and a multi-party coalition of the Australian parliament, as well as 90% of the Australian population, want the prosecution of Assange dropped. Assange’s freedom is “widely seen as a test of Australia’s leverage with the Biden administration,” according to the Associated Press.

AssangeDefense.org

Guest – Stephen Rohde, is an author and social justice advocate who practiced civil rights and constitutional law for more than 45 years, including representing two men on California’s death row. He is a founder and current chair of Interfaith Communities United for Justice and Peace, former chair of the ACLU Foundation of Southern California and former national chair of Bend the Arc, a Jewish Partnership for Justice. He is also a board member of Death Penalty Focus and is active in the Los Angeles branch of Assange Defense. Steve is the author of an article published last week by LA Progressive titled, “Is Biden Willing to Damage Relations With a Staunch Ally Like Australia in His Headlong Prosecution of Julian Assange?”

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State Laws Governing Deep Fake Videos

Artificial intelligence-generated fake videos, known as “deepfakes,” have become increasingly prevalent and sophisticated. This technology manipulates both audio and visual elements to fabricate fictitious events. In 2019, Deeptrace, an AI firm, identified a total of 15,000 deepfake videos online. Shockingly, 96% of these were of a pornographic nature, with 99% involving the superimposition of female celebrities’ faces onto pornographic content, also known as “face-swapped pornography,” all done without the celebrities’ consent. However, it’s important to note that non-celebrities are also frequent targets of deepfake abuse. Particularly concerning is the fact that women are often singled out, with AI tools and apps readily available that enable users to digitally remove clothing from their photos or insert their faces into explicit videos. These tools are easily accessible and require no specialized technical skills. Equally troubling is the fact that most of the time the women who are deepfake targets are neither aware of nor consent to their images being used in this way.

Social media platforms have become fertile ground for deepfake scams. Deepfakes are employed for various malicious purposes, including gaining a political advantage, spreading fake news, and disseminating “revenge porn.” In the case of pornographic videos, offenders may use deepfakes to groom, harass, or extort their victims. Additionally, deepfakes can be utilized to bully individuals or steal their identities. It’s worth noting that, although AI-generated deepfakes can appear highly realistic, most of them exhibit certain inconsistencies. These may manifest as peculiar facial features, awkward placements, or unnatural postures and movements. Creating deepfakes is a time-consuming and labor-intensive process, which results in most of them being relatively short in duration.

The prevalence of deepfakes has grown significantly, more than doubling between 2022 and the first quarter of 2023. In response to this trend, the FBI issued a warning in 2023 about “sextortion schemes” in which criminals collect photos and videos from social media platforms to produce “sexually themed” deepfakes, which they then use to extort money from their victims.

Guest – Criminal defense attorney Nicholas Toufexis joins us to talk about the impact off deepfake pornography on victims and the current state of the law governing these videos. Nick is a partner in the Texas law firm Saputo Toufexis Criminal Defense.

Hosted by Attorneys Heidi Boghosian and Marjorie Cohn

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Law and Disorder October 9, 2023

Homelessness, Free Speech Cases Before U.S. Supreme Court

Today we look at two issues coming before the Supreme Court in its just opened 2023-24 term. First, we’ll discuss two cases whose outcome will determine the future of free speech online, when it considers the constitutionality of laws passed in Texas and Florida that, if allowed to stand, will severely restrict social media companies from removing certain political posts or social media accounts.

We then take up the matter of whether or not the Court agrees to hear a case where California’s Governor Newson, and officials from other states, ask the Supreme Court to overrule Martin-v-Boise, a Federal Appeals Court case protecting the rights of the unhoused to sleep outside on public property if there are no adequate alternatives available.

Guest – Stephen Rohde, a noted constitutional scholar and activist. He is the past chair of the ACLU Foundation of Southern California; the founder and current chair of Interfaith Communities United for Justice and Peace; the author of American Words of Freedom and the book, Freedom of Assembly. Steve Rohde is also a regular contributor to the Los Angeles Review of Books, TruthDig, and a leader in the national campaign to free imprisoned investigative journalist, Julian Assange.

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Right Wing Billionaires Want New US Constitution

Our current Constitution was written in Philadelphia in 1787. It could be replaced by something draconian. We are in eminent danger of the curtailment of the federal government’s ability to protect the environment, consumers and civil rights. This includes barring Congress from delegating rule making to federal agencies like the Environmental Protection Agency and placing caps on federal spending that would trigger massive cuts.

Now right wing billionaires such as Charles Koch, a fossil fuel industry giant, and right wing foundations, think tanks, and organizations have been steadily organizing at the state legislative level to call a new Constitutional convention and replace what we’re living under now with something very bad.

If this happens, such a convention would allow an unelected, unaccountable delegates free reign, to rewrite our Constitution – imposing an extreme right wing agenda on the entire nation, with no recourse or oversight

This could all happen by 2025. All it takes is 2/3 of the states to declare they want a new Constitutional convention. The right wingers are only six states shy at this point.

Guest – David Armiak is research director with the Center for Media and Democracy. David joined CMD in 2015 and has conducted extensive investigations on dark money, corporate corruption, and right-wing networks. He is responsible for filing and analyzing hundreds of public records requests every year.

Hosted by attorneys Michael Smith and Jim Lafferty

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Law and Disorder October 2, 2023

Tens of Thousands Of Armenians Forced To Flee Their Homes

Two weeks ago, the small mountainous Republic of Artsakh was vanquished by Azeri military forces. It happened with such haste that thousands of its predominantly ethnic Armenian population had just minutes to abandon their homes.. This followed on the heels of an Azerbaijani blockade that left Armenians without food, fuel, and medicine. Artsakh has been the site of a decades-long protracted battle between Muslim and Turkish Azerbaijanis and Christian Armenians. The conflict began when Armenia and Azerbaijan were under Soviet rule. After both nations gained independence, the conflict escalated into full scale war. That war ended in 1994, with an independent Artsakh, the Armenian name for Nagorno-Karabakh, and Armenia in control of a wide swath of Azerbaijan.

Unverified reports of mass killings and rape roused fears of a repeat of the 1915 Armenian genocide by the Ottoman Empire. The first genocide of the 20th century, it was the systematic destruction of the Armenian people and identity during World War I. The genocide ended more than 2,000 years of Armenian civilization in eastern Anatolia. Along with the mass murder of Assyrian/Syriac and Greek Orthodox Christians, it enabled the creation of the Republic of Turkey. While the Turkish government denies the slaughter of Armenians was genocide, as of 2023, 34 countries have recognized the events as such.

Guest – Alex Galitsky is the Programs Director at the Armenian National Committee of America. Alex’s opinions and analysis have been published in major media outlets, including Newsweek, the Los Angeles Times, Foreign Policy, and The Hill. He has worked at the local, state, and federal levels to advance policy and legislation to protect the rights of the Armenian people nationally and internationally. ANCA Action Center

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National Museum of the American Latino Controversy

In 2020, Congress appropriated funding to create a National Museum of the American Latino. Last year, the Smithsonian Institution opened a temporary preview exhibition inside the National Museum of American History. The show was slated to be the largest federally funded Smithsonian exhibit on Latino civil rights history. The nation’s top Latino historians and veterans of the movement gave input. It was to feature student walkouts, school integration initiatives, and environmental and immigration activism.

Instead, it has become the focus of controversy within the Latino community over how Latinos in the United States should be portrayed. The Smithsonian has nixed the show; in its place will be an exhibit on salsa and Latin music.

That’s because Republican lawmakers and others challenge what one conservative writer described last year in The Hill as an “unabashedly Marxist portrayal of history.” Right-wing Latino political activists and Cuban-American politicians like Florida Congressman Mario Diaz-Balart voted to defund the museum.

The controversy comes as the Smithsonian is trying to raise funds to build the museum at estimated $800 million. Of this, $58 million has been raised to date.

Two historians were hired to develop the exhibit on the Latino civil rights movement of the 1960s for the museum. Felipe Hinojosa a history professor at Baylor University in Texas and Johanna Fernández, the associate professor of history at the City University of New York’s Baruch College.

Guest – Professor Felipe Hinojosa is the author of Apostles of Change: Latino Radical Politics, Church Occupations, and the Fight to Save the Barrio. His research areas include Chicana/o and Latina/o Studies, American Religion, Race and Ethnicity, and Social Movements. Prof. Hinojosa serves on the Advisory Board for the interdisciplinary, peer-reviewed, and online moderated forum Latinx Talk

Hosted by attorney Heidi Boghosian

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Law and Disorder September 18, 2023

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.

Hosted by attorneys Heidi Boghosian and Marjorie Cohn

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Law and Disorder September 11, 2023

Can President Donald Trump Be President Again?

Last year the U.S. Supreme Court became the most conservative it has been in 90 years, with conservative justices controlling decisions with a comfortable 6-3 majority. We can no longer take any Constitutional “rights” or “liberties” we thought we had for granted. Prior Supreme Court rulings that aimed at ensuring fairness, equal opportunity, reproductive freedom, and a participatory government—including for those who were not born into the favored, elite classes—are now at great risk.

Today, with the help of Stephen Rohde, our favorite constitutional scholar as our guest, we examine two very important constitutional issues: first, the question of: “How safe is freedom of the press in our country today?” We do this by looking at the new challenges being leveled at the landmark 1964 case, New York Times v. Sullivan, a case granting protection to a newspaper when it prints a libelous story about a public official or public figure but does so without actual malice. Is that press protection about to disappear? Then, we change gears a bit and ask our guest about the currently much-discussed question flowing from the fact that former President Donald Trump, now faces criminal charges for seeking to overturn the 2020 presidential election.

The question stemming from this is: “Does Sec. Three of the 14th Amendment to our Constitution stating that any American official who takes an oath to uphold the Constitution is disqualified from holding any future office if they, and I quote, “engaged in insurrection or rebellion” or provided “aid and comfort to our enemies” mean that Trump is now disqualified from becoming president again? The Constitution does not spell out how to enforce this ban, It was applied twice in the late 1800’s, when it was used against former members of the Confederacy. Today, a number of State Attorneys Generals, and others, are contemplating this question and, in a few cases, preparing to take the matter to court, given their belief that Trump should now, because of his actions on and around the January 6th insurrection, be disqualified from holding any future federal office.

Guest – Stephen Rohde recently published a fabulous review of a new book by Samantha Barbas, titled Actual Malice: Civil Rights and Freedom of the Press in New York v. Sullivan. Steve Rohde is a writer, lecturer, and political activist who practiced civil rights, civil liberties, and intellectual property law for almost 50 years. He is past Chair of the ACLU Foundation of Southern California and a co-founder and current chair of Interfaith Communities United for Justice and Peace, while also playing a leadership role in many other organizations. He writes book reviews for the Los Angeles Review of Books, Ms. Magazine, and Truthdig.org. And his articles appear regularly in many online publications.

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A Sleeping Giant In American Politics

We are in the midst of a labor upsurge. One with the promise of delivering not only better wages, and working conditions, but the prospects of wider positive social change. There is a new fighting spirit in the land, expressed by this rise in labor militancy.

We can look back five years ago to the beginning of the upsurge in teacher militancy in red states such as West Virginia, Kentucky, Wyoming, and Arizona, where teachers struck, often illegally, to better not only their situation, but that of the communities they lived in. This upsurge has continued.

Recently, we have seen the great success of the Amazon warehouse workers in Staten Island, coming together to form a union and Starbucks workers across the country have also unionized. Meanwhile, the writers and actors in the Hollywood movie and television industry have been on strike for several months. The Democratic party, which get a lot of money from the entertainment industry, has not lifted a finger to help them.

The unemployment rates for actors is 90% and only 2% of them can make a living out of acting.“Euphoria“ star Sydney Sweeney said “They no longer pay actors what they used to and with streamers you no longer get substantial residuals.” Eighty percent of the union makes less than $26,000 a year, not enough to qualify for union health insurance.

The captains of finance and industry run and control the Democratic Party. They made sure that Bernie Sanders did not get the nomination in 2016 and 2020. The leadership of the labor movement most often supports the Democratic party, explaining that they are the lesser of two evils. The late great journalist, Glen Ford called the Democratic Party, “the more effective of two evils“. He would have cited as proof of this the Biden administration’s recent intervention which prevented the powerful railroad workers union from going on strike this summer.

Guest – Al Bradbury is the editor of Labor Notes and an advocate and practitioner of labor militancy. Labor Notes is a media and organizational project since 1978 that has been the voice of union activists who want to put the movement back into the labor movement. Editor, Al Bradbury join the staff of Labor Notes in 2012 after working with hospital workers as a researcher and organizer for the Service Employees local 49 in Oregon.

Hosted by Attorneys Michael Smith, Jim Lafferty and Maria Hall

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