Law and Disorder November 20, 2023

Jewish Voice For Peace Leads US Ceasefire Protests

In 1948, 750 thousand Palestinians were terrorized, murdered and driven out of their homeland in Palestine where they had lived for thousands of years. Many fled to Gaza at the southern end of what is now Israel.

Gaza is tiny strip of land along the Mediterranean and is one of the most densely populated areas in the world. More than 500 of their villages were destroyed and the remaining Palestinians were left to live in 22% of historic Palestine. The process of murder, terror, and displacement is going on again. 1.5 million Palestinians, many of them descendants of the refugees from 1948, have been driven out of northern Gaza. Their homes have been bombed and destroyed, their hospitals, schools, mosques, and churches have been bombed. To date, 11 thousand have been killed, almost half are children.

Israel has cut off clean water, medicine, electricity, fuel and food and ordered Palestinians to get out or be killed. Israeli ground troops are going door to door mopping up those who have not fled.

This genocidal operation has the full support of the American establishment and the corporate media. Israel is a strategic military ally of the United States and gets support from the military industrial complex and right wing Republican oriented American Jews.

But this time there is a push back. Thousands of young American Jews have not been taken in by the propaganda and identify with the new organization Jewish Voice for Peace (JVP)

JVP has organized thousands of people in spectacular demonstrations that have shut down Grand Central Station in New York, blocked entrances to Congress, sat in on the Capital rotunda, and amassed at the Statue of Liberty. These have been some of the largest acts of civil disobedience since the Iraq war, and the largest demonstrations of Jewish people in solidarity with the struggle for Palestine freedom ever.

Guest – Elena Stein, Director of Strategy for Jewish Voice For Peace. She lives in New York.

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What Will It Take To End The War In Gaza?

Israel’s war in Gaza, which has already created a humanitarian disaster of epic proportions, now threatens to spread even more death and destruction as Israel’s military force, the IDF, has now occupied the last hospital in Gaza still barely functioning, as it attempts to operate without electricity or medical supplies. And this at a time when Israel’s IDF forces claim to control all of northern Gaza and Gaza City. Notably, the Israel forces occupying the hospital, despite its earlier claims to the contrary, has failed to produce any proof that the hospital was being used by the forces of Hamas for military purposes.

Of course, for some weeks now, many world leaders and United Nations officials have declared that what Israel is doing in Gaza amounts to genocide. And so far, even efforts at achieving any meaningful pause in the fighting, let alone a real ceasefire, remains beyond reach, still being opposed by Israel and the Biden Administration.

Meanwhile, no one is prepared to predict an end to the slaughter in Gaza, as the civilian death toll continues to grow, and as Gaza’s infrastructure continues to disappear. And so, the protests over the war, the accusations of war crimes and crimes against humanity on the part of Israel continue to grow, as well. Indeed, in the last week there have been huge anti-Israel protests, including a massive one organized by the orthodox Jewish community in the United States. Meanwhile, the Biden Administration is coming under more and more attacks from members of its own Administration. Already more than 400 high level and mid-level government officials in the Biden Administration have sent Biden letters protesting his refusal to ask Israel to declare a ceasefire, and many of them have resigned in protest.

Guest – Attorney Ameena Qazi the Co-Executive Director of the Peace and Justice Law Center in Los Angeles. She formerly served as the Deputy Executive Director and Staff Attorney for the Greater Los Angeles Area Chapter of the Council on American-Islamic Relations (or “C.A.I.R.”), the largest American Muslim civil rights and advocacy group; and Ms. Qazi is also a former Executive Director of the Los Angeles Chapter of the National Lawyers Guild. US Campaign For Palestinian Rights

Hosted by Attorneys Michael Smith and Jim Lafferty

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Law and Disorder November 13, 2023

US Obligation To The International Covenant on Civil and Political Rights

A United Nations body has issued a damning report blasting the United States for its rampant violations of a major human rights treaty that it ratified in 1992. The International Covenant on Civil and Political Rights, or ICCPR, enshrines fair trial rights, the right to life, to vote, and to freedom of expression and assembly. It prohibits torture and cruel, inhuman or degrading treatment or punishment. It also forbids discrimination in the enjoyment of civil and political rights based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (which includes sexual orientation).
The Human Rights Committee is a group of 18 independent experts that monitor the implementation of the ICCPR by its States Parties, each of whom files periodic reports on their progress in implementing the obligations in the treaty.

In its November 3, 2023 report on U.S compliance with the ICCPR, the Human Rights Committee found 30 some violations of the treaty by the United States. Racial discrimination permeated two-thirds of the documented U.S. violations.

In addition to discrimination based on race, the Committee found several instances of discrimination against women, particularly in the area of reproductive rights. The Committee also found discrimination on the basis of real or perceived sexual orientation or gender identity.

Guest – Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the national advisory boards of Assange Defense and Veterans for Peace, and the bureau of the International Association of Democratic Lawyers. Her books include “The United States and Torture: Interrogation, Incarceration, and Abuse” and “Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.” Marjorie is founding dean of the People’s Academy of International Law. Her article about the report of the Human Rights Committee was published last week by Truthout.

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Voices of Mass Incarceration: A Symposium

Opening with a keynote discussion featuring Angela Davis, Pam Africa, Julia Wright, and Johanna Fernández, the event featured two dozen experts and artists working and studying incarceration and its wide-ranging effects on society. The second day of the symposium also marked the opening of the Mumia Abu-Jamal papers for research at the John Hay Library with the launch of the exhibit, Mumia Abu-Jamal: A Portrait of Mass Incarceration. This exhibition centers on the writing, music and art of Mumia Abu-Jamal, whose papers anchor the John Hay Library’s Voices of Mass Incarceration in the United States collection. Mumia has been imprisoned for 43 years for allegedly killing Philadelphia police officer Daniel Faulkner.

One of the panels focused on how systemic changes have strained the existing healthcare system. With 44% of prison detainees receiving a psychiatric diagnosis, prisons are now among the largest providers of healthcare, more so than major hospitals and other care facilities.

We are pleased to bring you the remarks of Hope Metcalf, Lecturer at Yale Law School, on medical care for incarcerated individuals including mental health and hepatitis C. We’ll also hear from Lauren Weinstock, Professor of Psychiatry and Human Behavior at Brown University.

Hosted by attorneys Heidi Boghosian and Marjorie Cohn

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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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