Civil Liberties, Human Rights, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Moving The Bar: My Life As A Radical Lawyer
Michael Ratner’s memoir Moving The Bar: My Life As A Radical Lawyer will be available at OR Books. As listeners know, Michael Ratner was one of the most important civil rights attorneys in our era. He spent his life fighting on behalf of those who state and empire sought to crush, from the leaders of the prison uprising at Attica to Muslim prisoners held in Guantanamo, to Julian Assange.
Michael Ratner (1943–2016) worked for more than four decades at the Center for Constitutional Rights becoming first the Director of Litigation and then the President of what Alexander Cockburn called “a small band of tigerish people.” He was also the President of the National Lawyers Guild. Michae Ratner handled some of the most significant cases in American history. This book tells why and how he did it. His last case, which he worked on until he died, was representing truth-telling whistleblower and now political prisoner Julian Assange, the editor of WikiLeaks. Ratner “moved the bar” by organizing some 600 lawyers to successfully defend habeas corpus, that is, the ancient right of someone accused of a crime to have a lawyer and to be brought before a judge. Michael had a piece of paper taped on the wall next to his desk at the CCR. It read:
Four Key Principles Of Being A Radical Lawyer:
1. Do not refuse to take a case just because it is long odds of winning in court.
2. Use cases to publicize a radical critique of US policy and to promote revolutionary transformation.
3. Combine legal work with political advocacy.
4. Love people.
We hear interviews about Michael Ratner with Chris Hedges’s show On Contact, Attorneys Eleanor Stein, Richard Levy and David Cole.
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Afghanistan War, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Prison Industry, Targeting Muslims
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Jodie Foster Plays Attorney Nancy Hollander in The Mauritanian
In 2019 Law & Disorder interviewed Nancy Hollander for our Lawyers You’ll Like series. Nancy secured whistleblower Chelsea Manning’s release in 2017 when President Obama commuted her sentence from 35 to 7 years. Nancy was also an attorney in the landmark Holy Land Five Case. In her law practice she often represents individuals and organizations accused of crimes involving national security.
We also spoke with Nancy in 2018 about her client Mohamedou Ould Slahi, whose release she obtained after he served 15 years in the American offshore prison camp in Guantanamo Bay Cuba, without ever being charged of a crime. Slahi wrote a memoir about his experience in prison called Guantanamo Diary, where he was tortured in ways personally approved by then-Defense Secretary Donald Rumsfeld. Thanks to Nancy Hollander the book was published in 2015 and became an international bestseller. Fast forward to 2021. A new film, The Mauritanian, features Jodi Foster as Nancy. Foster has already won a Golden Globe for her performance, and the film sheds light on Nancy’s tenacious fight to free her client, the secretive prison camp and the illegal practices therein.
Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.
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Stevens Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice by Bruce Levine
The 1861 to 1865 Civil War and the reconstruction period which followed it is widely considered to be the second American revolution. The slave-owning planter class in the south was defeated, at least for a while. Slave labor was abolished, but came back in other forms after reconstruction was crushed by 1877.
The promise of the declaration of independence that all men are equal before the law was fulfilled, at least for a while. Pennsylvania congressman Thaddeus Stevens was the foremost political leader in the struggle, even more than Abraham Lincoln. Stevens helped to bring about the abolition of slavery and was a leader in the effort during Reconstruct to make the United States a biracial democracy This wise and eloquent revolutionary has been vilified and rendered rendered obscure during most of the years since he died 153 years ago.
The distinguished historian Bruce Levine in his just published biography of Stevens “Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice” has secured a place for him alongside his contemporary John Brown in the pantheon of American revolutionary figures.
Guest – Bruce Levine, emeritus professor of history at the University Illinois and the author of four previous books on the Civil War era.
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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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CIA Sponsored Terror, Civil Liberties, Human Rights, Prison Industry, Surveillance, Truth to Power, War Resister
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- Commentary By Attorney Jim Lafferty: Christian Nationalism
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Activists Face Felony Charges In Action Denouncing Elijah McClain Murder
On September 17, 2020 at least six anti-racist activists were arrested in an action denouncing the Colorado police, notably for the murder of Elijah McClain. In the summer of 2019, three Aurora Colorado police officers put 23-year-old McClain in a chokehold and medics injected him with ketamine. The young violinist and massage therapist went into cardiac arrest, was pronounced brain dead, and died three days later.
The social justice activists now face a litany of felony charges, and possible decades in prison, on charges that include “kidnapping.” Four of those arrested — Russel Ruch, Lillian House, Joel Northam, and Eliza Lucero — are considered protest leaders and are members of the Party for Socialism and Liberation.
Police made a spectacle of the arrests, sending what many assert is a threatening message to other activists. Police followed Russel Ruch to Home Depot where they arrested him in the parking lot; five police cars surrounded Lillian House as she was driving; and a S.W.A.T team was dispatched to Joel Northam’s home. According to the 30-page arrest affidavits, the police used livestream footage, call transcripts, and social media posts to build a case against those arrested.
Guest – Lillian House, one of the four protest leaders. More information at Denverdefense.org
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The Current Risk of Nuclear War And Treaty Restoration
When Donald Trump was president, the Democrats called him Putin‘s poodle. They falsely claimed that Russia influenced the election and caused Hillary Clinton to lose to Trump. Clinton famously said “all roads lead to Russia.“
But the truth of the matter was quite different. Despite Trump seemingly adoration of Vladimir Putin as a strong man, American policy towards Russia was not completely friendly. The question now is what will Biden do?
The risk of nuclear war with Russia has been a grave concern since the cold war of the 1950s. Under Presidents Donald Trump and Barack Obama American nuclear policies were such that the threat of war including accidental war was never reduced. With Biden as president will this change? Will there be a restoration of nuclear treaties and a de-escalation.
Guest – Ray McGovern former CIA intelligence analyst, Ray briefed President George H. W. Bush every morning on intelligence matters, particularly with respect to Russia. He is a founder of VIPS, Veteran Intelligence Professionals for Sanity and a contributor to the blog Common Dreams.
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Civil Liberties, Gaza, Human Rights, War Resister
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Chris Hedges: Donald Trump Acquittal, Going Forward
Before going to prison Trump’s attorney and fixer Michael Cohen testified to Congress that Trump would never leave office peaceably. He sure didn’t. He instigated an insurrection on January 6th. His premeditated coup almost succeeded.
His plan appears to be that he would get his followers to prevent the ballot certification of Biden as president and cause enough mayhem to declare martial law. The marauders he sent to the White House hunted for Nancy Pelosi and Mike Pence. They roamed the Capitol chanting “Hang Mike Pence. Hang Mike Pence.” A sturdy gallows was constructed near the Capitol for that purpose.
Reportedly Trump took delight in all of this as it was going on and refused to call off the Capitol sackers or bring in the National Guard. The horrors of that day were dramatically presented by the House trial managers. Comprehensive videos were shown to a national audience. A totally convincing presentation was made. Any right thinking person watching would necessarily conclude that Trump was responsible for what happened. Trump’s defenses were demolished.
It was explained that Constitution allows for illegal and prior cases had established that Trump could be tried even after leaving office. The argument that he had free speech rights was effectively countered. Nevertheless he was not found guilty although seven Republicans refused to go along with their party’s defense of the indefensible. A number of Republican Senators, who were supposed to sit as impartial jury, met with Trumps defense lawyers. Twelve others did not even attend the last day of trial.
After the vote Mitch McConnell, voted to acquit on the spurious grounds that Trump could not be tried since he was no longer in office. He spoke of the possibility of Trump being tried for his crimes. The Republican lead acquittal of Donald Trump will be appreciated as a turning point in American history. The vote to acquit him will be understood as a moment that democracy and the rule of law were trashed allowing the former president to retain his control over a transformed Republican Party which has become an instrument of demagoguery and white supremacy.
Guest – Chris Hedges, a Pulitzer prize winning journalist and considered by many on the left to be an American moral philosopher. He was forced out of his job at the New York Times for opposing the war in Iraq. Hedges is the author of many books including “American Facists: The Christian Right‘s War on America.“ He is the host of the RT show “On Contact”. His latest book is “America: the Farewell Tour.” He writes a weekly column for “Scheerpost” the latest is titled “Cancel Culture: Where Liberalism Goes to Die.”
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ICC Investigation Into War Crimes Proceeds
In 2015, the State of Palestine became a member of the International Criminal Court and granted the Court jurisdiction over crimes committed on the territory of Palestine, including East Jerusalem, since June 13, 2014. The Prosecutor of the ICC opened a preliminary examination into crimes committed in Palestine on January 16, 2015, and the State of Palestine referred the case for investigation in May 2018. During the preliminary examination, Palestinian human rights organizations and victims made submissions describing war crimes and crimes against humanity committed by Israeli officials, including in relation to the 2014 military offensive on Gaza.
In December 2019, the Prosecutor found a reasonable basis to proceed with an investigation into war crimes and crimes against humanity committed on the territory of Palestine – the Gaza Strip and West Bank, including East Jerusalem. victims were invited to submit observations on the Prosecutor’s requests and Center for Constitutional Rights attorney Katherine Gallagher submitted on behalf of twenty Palestinian victims of persecution from all parts of Palestine and the diaspora. A year ago April, CCR joined more than 180 Palestinian, regional, and international human rights organizations in signing an open letter to the ICC prosecutor in support of opening the investigation.
Guest – Attorney Katherine Gallagher, senior attorney at the Center for Constitutional Rights, has appeared before the ICC in the Hague in Holland. She represented two men indefinitely detained in the US offshore prison camp in Guantanamo Bay, Cuba. Katie works on universal jurisdiction ad international criminal law cases involving US and foreign officials and torture and other war crimes.
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Civil Liberties, Criminalizing Dissent, Human Rights, Impeachment, Supreme Court, Truth to Power, War Resister
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Paul Robeson: Ballad of an American by Sharon Rudahl
Paul Robeson, like John Brown before him and Malcolm X after him, was an American of great courage and great accomplishments. Like John Brown and Malcolm the powers that be, vilified him and attempted to reduce him to obscurity. Robeson was born the son of a slave in Somerville, New Jersey In 1898. At Rutgers University he was a Phi Beta Kappa, graduated at the top of his class, and delivered the valedictorian speech. He won 16 letters in sports; football, baseball, track and field, and basketball. He had a beautiful bass voice and sang in the choir. He briefly played professional football and graduated from Columbia Law school.
He was an outstanding actor performing on both stage and screen in America and England. As a concert performer he traveled the world singing spirituals, labor songs, and folk songs of American Blacks. He was outspoken in support of civil rights, union struggles, anti-colonialism, and asserted himself as a socialist.
Because of this he was repressed by the reactionary forces in America in a period of time after World War II known as McCarthyism. In August 1949, a concert that he was to headline in Peekskill, New York was broken up by fascists. The next year a national concert tour had to be canceled because theaters refused to book him. His passport was taken away. He couldn’t travel. He was told he could have it back if he promised not to “ criticize the treatment of American Negroes in the US which should not be aired abroad.“
He was heard before the house un-American activities committee in 1956 and asked why he didn’t stay in Russia. He replied “because my father was a slave and my people died to build this country and I’m going to stay here.“ His films and recordings were taken out of circulation and he disappeared from textbooks and halls of fame. Of Paul Robeson, Cornell West has said that “he was an artistic genius moral titan and courageous freedom fighter whom we must never forget.“
Guest – Sharon Rudahl, author and artist who recently published graphic biography “Paul Robeson: Ballad of an American.” The book was edited by Paul Buhle and Lawrence Ware. Sharon Rudahl marched with Martin Luther King as a teenager and began her career as a cartoonist with anti-Vietnam war underground newspapers. She was one of the founders of the 1970s era feminist “Wimmen’s Comix.“ She is best known for her graphic biography “Emma Goldman: A Dangerous Woman.“
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Constitutional Scholar Stephen Rohde On Impeachment
The American people are enmeshed in and victimized by four overlapping, intertwined and perhaps irreversible crises. They are medical, economic, racial, and political. The Covid 19 virus has infected over 25 million people. It has killed at least 430,000 of us and it rages on unchecked. Half the people in the US are poor or near poor. Twenty million or more are unemployed and their numbers are growing. Hunger and homelessness are widespread. Racism has been institutionalized in our country ever since its founding as a white settler colonial state. Politically except for the scattering of a few progressives there really is no party or leadership that represents the interests of the vast majority of our people.
Former president Donald Trump has been impeached by the Democrats in the House and will stand trial in the Senate beginning the week of February 8th.
He received 75 million votes in the 2020 election, more than he received when he won in 2016. Even though he lost last November his power is barely diminished. He will likely be acquitted of the charge of inciting an insurrection on January 6th. With the help of most of the 50 Republican senators the Democrats won’t be able to get the 60 necessary votes to convict him and prevent him from running for president again. Thus he will continue to control the Republican Party.
There is the possibility of his running again that helps keep him as the powerful leader he has become and keeps the Republicans in line, fearful as they are of being primaried and losing their own power and privilege. Only a few Republicans have shown the integrity and courage to oppose this venal, cruel and cunning man.
Guest – Attorney Stephen Rohde is a constitutional scholar, lecturer, writer, political activist and retired civil rights lawyer. He is a founder and Chair of Interfaith Communities United for Justice and Peace, past President of the ACLU of Southern California, and a Past Chair of Bend the Arc: a Jewish Partnership for Justice. He is the author of two books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly and co-author of Foundations of Freedom: A Living History of Our Bill of Rights. He has written for the Los Angeles Times, Huffington Post, Truthout and American Prospect, and is a regular contributor to the Los Angeles Review of Books.
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