Civil Liberties, Human Rights, Truth to Power, U.S. Militarism, Violations of U.S. and International Law, War Resister, worker's rights
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From The Flag To The Cross: Fascism American Style
From The Flag To The Cross: Fascism American Style is the title of a recently published anthology edited by Zachary Sklar and our own Michael Smith. Co-host Jim Lafferty wrote the introduction. The book draws from seven key interviews with prominent socialist thinkers in the United States and Canada. They include Margaret Kimberly, Henry Giroux, Dianne Feeley and Bill Mullen. Bill will also be joining Michael and Jim in the guest seat. He’s Professor Emeritus of American Studies at Purdue University and author of We Charge Genocide! American Fascism and the Rule of Law.
Chris Hedges who is also included in this book, writes “when fascism comes to America, it will be mass of recitations of the pledge of allegiance, the Christian cross and the flag.” We’ll explore these frayed boundaries of Christian fascism, capitalism, and the assaults on free speech and censorship while highlighting the strategies of community based actions.
Guest – Michael Steven Smith is the author, editor, and co-editor of many books, mostly recently Imagine: Living In A Socialist U.S.A. and “The Emerging Police State,” by William M. Kunstler. He has testified before committees of the United States Congress and the United Nations on human rights issues. Mr. Smith lives and had practiced law in New York City with his wife Debby, where on behalf of seriously injured persons he sues insurance companies and occasionally the New York City Police Department.
Guest – Jim Lafferty is the Executive Director Emeritus of the National Lawyers Guild in Los Angeles and the host of The Lawyers Guild Show on Pacifica Radio’s Los Angeles station, KPFK. Jim has been a national leader in the peace and social justice movement for 60-years. He served as a national Coordinator of the National Peace Action Coalition, the group that organized the largest protests against the U.S. war in Vietnam, and in leadership positions in other peace coalitions opposing various imperialist U.S. wars. In the early 1960’s he was the national Director of the National Lawyers Guild during its historic work in the South. In the mid-1960’s until the 1980’s, Jim was in the private practice of law in Detroit, Michigan, where he specialized in Selective Service law, employment discrimination law, and civil rights law. He serves on the governing board of the A.C.L.U. of Southern California, is a member of the steering committee of the national Julian Assange Defense Committee, and a Fellow at the Institute for the Humanities at the University of Southern California.
Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and We Charge Genocide: American Ashes and the Rule of Law. He’s a contributor to the just published Law And Disorder book From the Flag to the Cross: Fascism American Style.
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CIA Sponsored Terror, Civil Liberties, Human Rights
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Paul Le Blanc On Democratic Socialist Trend
In a remarkable come from behind victory in the Democratic primary over disgraced former New York governor Andrew Cuomo, the Democratic Socialist Zorhan Mamdani is likely to become the next mayor of New York City in November when he wins the election. This comes a decade after the Democratic Socialists of America (DSA) exploded onto the stage of US politics. The organization is full of vibrant campaigns, discussion, and experimentation. How can democratic socialists build a working-class political alternative powerful enough to defeat Trump’s authoritarian agenda? How should it relate to the pro capitalist Democratic Party? What strategy can revive the labor movement? What is its vision of democratic socialism? How does it get there?
Guest – Paul Le Blanc – is a retired professor of history from La Roche University in Pittsburgh and he has been active in movements for human rights and economic justice for more than six decades. Currently a member of Democratic Socialists of America, Solidarity, and the Tempest Collective, he has written and edited many books, including A Short History of the U.S. Working Class. He is a contributor to A User’s Guide to the DSA and recently attended DSA’s bi-annual convention in Chicago.
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Lawyers You’ll Like – Attorney Mel Wulf
Mel Wulf died at age 95 on July 1, 2023. He was one of the great constitutional litigators of his time. He served as Legal Director of the American Civil Liberties Union for 15 years. Today we bring you a re-broadcast of an interview that attorney Michael Ratner, and I, Michael Smith, did with Mel 10 years ago for a segment we called Lawyers You’ll Like. It is a scintillating fast paced discussion with a relevance to our situation now
We’re joined today by Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years. As part of our Lawyers You’ll Like series, we talk with Wulf about his work with the ACLU during the early 60s, and also about the forming of the Lawyers Constitutional Defense Committee.
Attorney Mel Wulf:
- Phil Agee was a dissident CIA agent who spent decades working against the CIA, published a couple of books.
- He lost his passport because when the dissidents took over the embassy in Tehran in 1979, the New York Post carried a story accusing Phil of helping the students who’d invaded the embassy to put together all of that written material that had been shredded.
- It was another New York Post bald faced lie.
- The State Department, based upon that story revoked his passport.
- I had represented Phil Agee, I was his principle lawyer for 30 years.
- Agee was very widely disliked in Washington because he was well known to be a CIA dissident who disclosed the names of many CIA agents.
- I was for the workers and not for the bosses and I’ve always been for the workers and not for the bosses, which I think is the distinguishing political factor in our world. Which side are you on?
- I got my Bachelors Degree in ’52 and I had a Navy Commission which I had gotten from the New York State Maritime Academy earlier on.
- The draft board sent me a 1A notice, I applied to Columbia and when I finished Columbia they sent me another 1A notice because the draft was still on. I spent 2 years in the Navy as a Lieutenant Junior Grade Officer in Southern California.
- I went to work at the ACLU in 1958 as the assistant legal director, in 1962 I was given the job of the legal director of the ACLU.
- I had actually been going down to Mississippi from 1961 to 1962, working with then one of the two black lawyers who were practicing in Mississippi.
- We tried a couple of capitol cases in Mississippi. I continued to argue the systematic exclusion of blacks from the jury.
- I finally got a case up to the Supreme Court on that issue.
- Lawyers Constitutional Defense Committee: We had several hundred lawyers who went down to Mississippi for periods of a week or two. They were representing people being arrested during the Mississippi summer.
- Most of the judges allowed these lawyers to make some sort of presentation.
Guest – Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years.
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Censorship, Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, Supreme Court
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The First Amendment Heavily Tested Under Trump Administration
The First Amendment is being tested in many arenas not only in response to various Executive Orders which Donald Trump has issued in his second term, but also in state legislatures which are experimenting with how far the government can go in restricting freedom of speech.
In Free Speech Coalition v. Paxton, the US Supreme Court upheld a Texas law requiring age verification for access to Internet porn sites. In 2024, Mississippi enacted House Bill 1126 after a Mississippi teen became the victim of sextortion on Instagram and died by suicide. That law requires young people to obtain their parents’ consent before they can create social-media accounts. On August 13, the US Supreme Court issued a brief unsigned order allowing that law to go forward despite a lower court injunction.
Meanwhile, South Park is savagely ridiculing Donald Trump, CBS capitulated when Trump sued them over a 60 Minutes segment, and a conservative federal appeals court struck down an injunction for an on-campus drag show. There’s a lot going on when it comes to free speech.
Guest – Robert Corn Revere has been a First Amendment litigator for more than four decades. He is Chief Counsel for the Foundation for Individual Rights and Expression or FIRE. He is the author of The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma, which explores how free expression became a part of America’s identity. FIRE filed an amicus brief in support of Net Choice in one of the cases we’re discussing today.
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Chambers v. Florida and the Criminal Justice Revolution
In 1933, four young Black farm workers in Pompano, Florida, were arrested for the murder of a white shopkeeper. With no lawyers and no meaningful due process, for a week they were held, beaten, threatened with lynching, and ultimately forced to sign confessions. Their convictions and death sentences seemed almost certain in the Jim Crow South. But 7 years later, the U.S. Supreme Court reversed those verdicts in a unanimous ruling, declaring that confessions obtained under psychological coercion rendered them involuntary and violated the 14th Amendment.
In Chambers v. Florida and the Criminal Justice Revolution, author Richard Brust vividly revisits this often-overlooked case. Chambers opened the door to the Warren Court’s criminal procedure revolution, laying the foundation for decisions such as Miranda v. Arizona. The book also highlights the lawyers and communities behind the case. Jacksonville attorney Simuel McGill, one of Florida’s few Black lawyers, kept the appeals alive until the case reached Washington.
Guest – Richard Brust is a journalist and historian whose work focuses on law, politics, and American history. He was a longtime editor for the American Bar Association’s ABA Journal and has written extensively about the courts and the evolution of U.S. legal culture.
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Civil Liberties, Civil Rights, Human Rights, Human Trafficking, U.S. Militarism
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The Trump Administration and ACLU Legal Counteraction Strategy
The very day President Donald Trump returned to the White House on January 20, 2025, the American Civil Liberties Union celebrated the beginning of its 106th year. Based on its long experience combating repressive governments, the ACLU had been carefully planning for the possibility of Trump’s reelection. That day it announced that it was fully prepared for the threat Trump posed to our constitutional democracy.
The ACLU recalled that “Since first leaving office in 2020, Trump has threatened to enact policies that would endanger immigrant families, further restrict reproductive health, and weaponize the federal government against protesters and political opponents. Now that he has returned to the White House and will be buoyed by many allies in his cabinet and in Congress, these threats could become real.” And they certainly have.
During the first Trump’s administration, the ACLU took legal action more than 430 times. In the last six months, they have followed a clear playbook to fight back – and win – challenging a wide range of Trump’s policies that are aimed at destroying our civil rights and civil liberties.
Guest – Ben Wizner, Deputy Legal Director of the ACLU, and Director of the ACLU’s Center for Democracy, which encompasses the organization’s work on free speech, privacy, immigrants’ rights, voting rights, human rights, and national security. For more than two decades at the ACLU, Ben has litigated cases involving the right to protest, freedom of expression online, government surveillance practices, airport security policies, targeted killing, and torture. Since July of 2013, he has been the principal legal advisor to NSA whistleblower Edward Snowden and advised Julian Assange. I’ve known Ben since he started at the ACLU of Southern California over 20 years ago. I witnessed how he devotes his keen legal mind and deep compassion to defending the people he represents who are struggle to vindicate their constitutional rights.
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The Mexican Reintegration Project
Immigration news continues to dominate headlines: from the approval of the bill that provides another $170 billion for immigration enforcement to the images of masked men in unmarked vehicles roaming around cities like Houston, Los Angeles, New York and Chicago… and arresting people from their homes, workplaces, or even just off the street.
Now, these controversial strong-arm tactics haven’t been a total success: court battles, community opposition, and even ICE officer burnout are throwing a wrench into the administration’s deportation goals. Yet still, for millions of noncitizens living in the US, it is impossible not to wonder: what happens if I — or my loved one – is taken from our family and home here without notice…. And transplanted to a country where we no longer have roots? Or community? Or safety?
Our guests today, Professors Luz Herrera and Nancy Plankey-Videla, are among a team of researchers who studied what happens when people are deported or otherwise return to Mexico after they’ve made their home in the US. Were they able to find work? Reunite with family? Find support?
Guest – Luz Herrera is an attorney and Law Professor at Texas A&M University Law School. Her roots are in Los Angeles: In 2005, she co-founded Community Lawyers, Inc. in Compton which – 20 years later – continues to provide access to justice and legal help to under-served communities.
Guest – Dr. Nancy Plankey-Videla is associate professor of sociology at Texas A&M University and currently coordinates the Latino/a and Mexican American Studies Program. She’s also the Director of Graduate Studies in the Sociology Dept. and has a joint appointment in the School of Law. Her research and teaching is informed by a global perspective on inequality and agency.
Civil Liberties, Civil Rights, Gaza, genocide, Human Rights, War Resister
The Dual State: A Contribution to Theory of Dictatorship.
The German Jewish lawyer Ernst Fraenkel escaped from fascist Germany and settled in the United States. In 1941 he wrote an extremely important book which we’re going to discuss today. The book is titled The Dual State: A Contribution to Theory of Dictatorship.
The book explains how Hitler availed himself of two systems of law. The first Fraenkel called the normative state. This is your traditional law that regulates things like contracts and property. It was practiced in Nazi Germany and kept things stable. The second Fraenkel called the prerogative state. These are the arbitrary violence and unlawful actions taken by Hitler and the Nazis. These two systems of law existed side-by-side in Germany. This is what we see developing now in the United States of America.
Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and We Charge Genocide: American Ashes and the Rule of Law. He’s a contributor to the just published Law And Disorder book From the Flag to the Cross: Fascism American Style.
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Gaza: Journalists Under Fire
There are so many horrendous consequences from Israel’s genocidal war in Gaza: the tens of thousands of lost lives, with who knows how many thousands still buried under the rubble of war, the intentional starvation of the Palestinian people, the vast destruction of their schools and hospitals and homes and places of business. And then there is the targeting of journalists in Gaza trying to report the news of the war. To date, more of them have already been killed by the Israeli military than were killed in the Civil War, First and Second World wars, the Korean War, the Vietnam War and the war on Afghanistan combined!
So today we cover the story of Israel’s attempt to keep complete and accurate news coverage of the war from the rest of the world, and the costly results of its attempt to do so: the hundreds of lost lives of those brave journalists who are determined to report news of the war no matter what the personal risks and costs may be.
There is now a documentary film that tells the story of what is at stake for the journalists covering the news of the war in Gaza. It is called Gaza: Journalists Under Fire.
Guest – Director and producer Robert Greenwald is the founder of Brave New Films, a nonprofit social justice media organization, and the director of numerous long and short form documentaries including Uncovered: The War on Iraq, Unmanned: Americas Drone Wars, Rethink Afghanistan, and more.
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Civil Liberties, Civil Rights, Economics, Human Rights, police accountability
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AI Generated Police Reports
Police departments across the U.S. are beginning to use artificial intelligence tools like Axon’s “Draft One” to automate the writing of police reports based on body-worn camera audio. While the goal is to save time and reduce paperwork, digital rights advocates are raising serious concerns. The Electronic Frontier Foundation warns that Draft One lacks transparency, making it hard to tell whether errors or biases in reports come from the AI or the officer. They argue this could compromise accountability and justice. The ACLU has also flagged risks tied to AI’s potential for inaccuracy and bias.
Some agencies are moving forward with these tools, but others—like the King County prosecutor’s office in Washington—are banning them outright. As this technology spreads, it’s prompting critical questions: Should AI be trusted to shape official police narratives? And what safeguards are in place to protect the public?
Atlas Of Surveillance
Guest – Beryl Lipton is a Senior Investigative Researcher for the Electronic Frontier Foundation specializing in government transparency and surveillance technology. She leads large-scale public records campaigns and contributes to projects like the Atlas of Surveillance, a searchable database and map that documents the use of surveillance technologies by law enforcement agencies across the United States. Before joining EFF, Beryl worked at MuckRock focusing on prison privatization and public-private partnerships. She serves on the board of Spare Change News and contributes to Gannett New York, where she has helped expose police misconduct records across the state.
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Documentary: The Last Class
We’re pleased to be joined by Heather Kinlaw Lofthouse, the Executive Director of Inequality Media Civic Action. She is the producer of the new documentary, The Last Class, a personal portrait of Robert Reich as he reflects on a period of immense transformation, personally and globally. Reich is of course the well-known political economist, professor, and author, who has worked for four presidents, including as Secretary of Labor for Bill Clinton. He is also the co-founder of Inequality Media Civic Action.
For 40 years, Reich has taught more than 40,000 students and has now retired. Drawing on his lifetime in politics, he has used his class, Wealth and Poverty to offer a deeper look at why inequalities of income and wealth have widened significantly since the late 1970s, and why this poses dangerous risks to our society and democracy itself.
Guest – Heather Kinlaw Lofthouse is the Executive Director of both Inequality Media and Inequality Media Civic Action, nonprofits founded by Robert Reich to make compelling digital content about inequality and threats to American democracy. She serves as Robert Reich’s co-host on the weekly Coffee Klatch podcast, and she produced The Last Class film as part of her new endeavor, CoffeeKlatch Productions.
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