Law and Disorder January 31, 2022

Twenty Years Later Guantanamo Is Everywhere

The George W. Bush administration used the terrorist attacks on 9/11 to launch his so-called “Global War on Terror.” Under the guise of fighting terrorism, Bush illegally invaded two countries, instituted an unlawful dragnet of Arab men and boys in the United States, and opened a sinister prison camp at Guantanamo Bay, Cuba in January 2002.

Nearly 800 men and boys were sent to Guantanamo, where many of them were subjected to torture and cruel treatment, and held indefinitely – many without charges, in violation of US and international law. Much of this mistreatment was documented in the “Guantanamo Files,” 779 secret files published in 2011 by WikiLeaks. It was documented as well in the report of the Senate Select Committee on Intelligence. The 6,700-page report remains secret but the 499-page executive summary was published in 2014.

By locating the prison in Cuba, Bush sought to preclude any judicial review of the detention of the detainees. Most of them had no connection to terrorism. Locked away in Guantanamo for years, detainees lost hope. The only power they had was to refuse food. Many of them engaged in a hunger strike but were violently force-fed, a practice that amounts to torture.

The widely esteemed lawyer and co-founder of Law and Disorder, Michael Ratner, was Legal Director of the Center for Constitutional Rights when the center filed the landmark case of Rasul v. Bush. It went to the Supreme Court, which ruled that Bush could not prevent detainees from challenging the legality of their detention in US courts. But 20 years later, Guantanamo remains open and 39 men are still there.

We are fortunate to have Baher Azmy with us today to discuss Guantanamo and the “war on terror” which continues today, with very little pushback from the American public.

Guest – Baher Azmy is Legal Director of the Center for Constitutional Rights, where he directs all litigation around issues related to the promotion of civil and human rights. He is also professor of law at Seton Hall University.

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Dangerous Influence of Right Wing Propaganda

Hosts examine the over-all current role of the corporate, mainstream media in America today, in particular the increasing power and danger of the right-wing media. And to do so we are very fortunate to have as our guest today, Jeff Cohen.

Guest – Jeff Cohen is a highly regarded progressive critic of the media. Indeed, he was recently quoted in an important article in the Washington Post about the disclosure that FOX News hosts were advising the White House during the January 6th insurrection. Jeff Cohen, along with Martin Lee, were the co-founders of Fairness and Accuracy in Reporting, or “F.A.I.R.,” which is the anti-corporate media group that monitors and reports on the mainstream media’s bias, spin and misinformation. Jeff Cohen is also a lecturer on these matters and the author of the book, Cable News Confidential.

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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 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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Law and Disorder July 26, 2021

Charges Dropped Against Pipeline Activists

The climate movement won a significant victory on July 13 when all charges were dropped against 16 pipeline protesters and a journalist. The local district attorney in Saint Martinsville, Louisiana rejected all criminal charges and vowed not to prosecute them for alleged violations of Louisiana’s anti-protest amendments to their critical infrastructure law.

The Bayou Bridge pipeline is the tail end of the infamous 1172 mile long Dakota access pipeline which brings dirty oil from North Dakota to the Gulf of Mexico. The end of the pipeline runs from Texas to Louisiana.

In 2018, in the midst of fierce opposition to the Bainbridge Pipeline and at the urging of an industry association to Louisiana legislator added pipelines to the definition of critical infrastructure to significantly raise the penalties for people protesting pipeline project. Those found guilty could be punished with five years in prison with or without hard labor.

This critical infrastructure law is part of a national effort to crack down an environmental activists across the US. The law in Louisiana was adopted from model legislation put forward by ALEC, the corporate funded politically conservative group. Similar legislation aimed at pipeline protesters has been introduced more than 23 times in 18 states since 2017 and is in effect in 15.

Karen Savage, an independent journalist who was arrested, said that “the first amendment guarantees water protectors the right to protest and protects my right as a journalist to report those protest without fear of retribution.“

Guest – Anne White Hat, one of the people arrested and charged under the law.  Whitehat Botanicals

Guest – Attorney Pam Spees, one of the team of attorneys that handled the criminal defense case. She’s also representing Anne White Hat in a case challenging the constitutionality of the Louisiana law. Whitehat v. Landry

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Continued Erosion Of Voting Rights In The United States

We are in the middle of a second great disenfranchisement in America. The first was after the Civil War reconstruction ended and Black people were stripped of their right to vote and their ability to hold office. This disenfranchisement lasted almost 100 years until the modern civil rights movement of the 1960s.

Legislatures in Republican run states are imposing new voting restrictions particularly on non-white voters. The Brennan Center found that as of June 20th, 17 states enacted 28 new laws restricting the ability to vote since the start of the year.

Republican run states hastened to restrict voting by mail and in person, voting hours and locations, and the implementation of voter registration and voter ID requirements.

Georgia banned giving food or water to voters waiting in long lines, lines that were caused by reduced access to ballot casting locations in Black precincts. They get away with this by raising the imaginary problem of voter fraud.

The Supreme Court has six reactionary judges and three liberals. Three of the reactionaries were added to the court by Donald Trump. The reactionaries recent decision in Brnovich v Democratic National Committee delivered a huge hit to American democracy, such as it is. The decision makes the Court look like an obvious political institution where justices are simply partisan politicians with robes.

In the recent Brnovich decision, the court eviscerated the strongest remaining sections of the Voting Rights Act rights of 1965 which held that election laws and voting rules that actually had a racially discriminatory impact could be blocked.

The first major blow to the voting rights act was in 2013 when the court held in Shelby versus Holder that federal authorities could no longer block regressive new election laws or voting rules in jurisdictions with histories of discrimination.

“Effectively, most of the Voting Rights Act is now dead,” declared Hamlin University scholar David Schultz who specializes in elections.

Guest – Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught from 1991-2016, and a former president of the National Lawyers Guild. She lectures, writes, and provides commentary for local, regional, national and international media outlets. Professor Cohn has served as a news consultant for CBS News and a legal analyst for Court TV, and a legal and political commentator on the BBC, CNN, NPR, and other major stations.

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Law and Disorder June 28, 2021

Building Support To Free Wikileaks’ Julian Assange

Whistle blowing Australian journalist and the publisher of WikiLeaks Julian Assange sits in a jail cell in solitary confinement in London’s infamous Belmarsh prison. There he awaits the decision of the British High Court as to whether at the behest of the Trump and now Biden administrations he will be extradited to the Eastern District of Virginia to stand trial on 17 counts of espionage under the recently resurrected 1917 Espionage Act which was originally enacted to be used against spies. He will certainly be sentenced to imprisonment for the rest of his life at a super maximum-security prison where communications with the outside world will be cut off.

His case is on appeal to the British High Court. At the recent extradition hearing British magistrate Vanessa Baraitser ruled in favor of the United States on all 17 counts of espionage lodged against him by the Trump administration. She did however rule that Julian Assange would be subjected to terrible conditions in American maximum-security prison and therefore should not be extradite. The Biden administration has appealed this ruling.

The charges Assange faces are a major threat to press freedom. James Goodale, who represented the New York Times in the Pentagon papers case, commented, “The charge against Assange for “conspiracy” with a source is the most dangerous I can think of with respect to the first amendment in all my years representing media organizations.”

It is crucial to build support for Assange and preventive his delivery into the hands of the Biden administration and its prosecutors.
Julian Assange’s crime was to expose the war crimes, murder, and the inner workings of the American empire to the world press. He might pay for this embarrassment with his life.

Homerun4Julian.com

Guest – John Shipton, Julian’s father who is visiting the United States from his native Australia touring to raise support for his victimized son.

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Take Me To Your Leader: The Rot of the American Ruling Class

We need to know our enemy because the task of changing society begins with understanding who holds power. In 1915 the great Irish socialist James Connolly said, “O, yes! The ruling class are worthy of study. The natural history of the ruling class is a fascinating interest. You begin with interest, you proceed with awe and admiration, you deepen into hatred, and you wind up with contempt for the nature of the beast. You realize that – the capitalist class is the meanest class that ever grasped the reins of power”.  Jacobin magazine’s Spring 2021 issue is devoted entirely to an examination of the ruling class.

Guest – Doug Henwood who has an article in Jacobin titled Take Me To Your Leader: The Rot of the American Ruling Class. Doug Henwood is the editor of Left Business Review and the host of the radio program Behind the News.

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Law and Disorder June 14, 2021

Attorney Ron Kuby Updates On Donziger Trial

Three weeks ago, environmental attorney Steven Donziger’s Chevron-funded trial for misdemeanor contempt trial drew to a close. Steven and his defense team are now waiting for what they claim is an inevitable verdict of “guilty” by Chevron-linked Judge Loretta Preska. As Steven has written to his supporters, Preska denied him a jury of unbiased fact finders by ordering a bench trial. She also ruled against Steven and his attorneys on 99% of all their courtroom objections. Steven also notes that Preska—a conservative judge and a former member of the Federalist Society’s advisory board—actually read the newspaper during witness testimony.

The defense team is preparing for its expected appeal after Preska delivers her ruling. They are following up on, and researching, additional revelations of corruption by Chevron and the high-paid lawyers challenging the original multi-billion-dollar fines for Chevron’s toxic pollution in Ecuador.

DonzigerDefense.com

ChevronToxico.com 

ChevronInEcuador.com

Guest – Attorney Ron Kuby, who along with his law partner Rhiya Trevedi and noted First Amendment attorney Martin Garbus, comprise the Donziger defense team. Ron is the former law partner of William Kunstler, and his body of work continues to uphold their tradition of representing the poor, downtrodden, and wrongfully accused.

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Building Support To Free Wikileaks’ Julian Assange

Whistle blowing Australian journalist and the publisher of WikiLeaks Julian Assange sits in a jail cell in solitary confinement in London’s infamous Belmarsh prison. There he awaits the decision of the British High Court as to whether at the behest of the Trump and now Biden administrations he will be extradited to the Eastern District of Virginia to stand trial on 17 counts of espionage under the recently resurrected 1917 Espionage Act which was originally enacted to be used against spies. He will certainly be sentenced to imprisonment for the rest of his life at a super maximum-security prison where communications with the outside world will be cut off.

His case is on appeal to the British High Court. At the recent extradition hearing British magistrate Vanessa Baraitser ruled in favor of the United States on all 17 counts of espionage lodged against him by the Trump administration. She did however rule that Julian Assange would be subjected to terrible conditions in American maximum-security prison and therefore should not be extradite. The Biden administration has appealed this ruling.

The charges Assange faces are a major threat to press freedom. James Goodale, who represented the New York Times in the Pentagon papers case, commented, “The charge against Assange for “conspiracy” with a source is the most dangerous I can think of with respect to the first amendment in all my years representing media organizations.”

It is crucial to build support for Assange and preventive his delivery into the hands of the Biden administration and its prosecutors.
Julian Assange’s crime was to expose the war crimes, murder, and the inner workings of the American empire to the world press. He might pay for this embarrassment with his life.

Homerun4Julian.com

Guest – John Shipton, Julian’s father who is visiting the United States from his native Australia touring to raise support for his victimized son.

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