Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Supreme Court
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Christian Nationalism Vs The U.S. Constituton
Two weeks ago the United States Supreme Court made a 5 to 4 decision in the case of the Roman Catholic Diocese of Brooklyn and Agadith Israel of America versus Governor Mario Cuomo which reversed a precedent and crashed through the wall separating church and state.
The men who wrote United States Constitution and the Bill of Rights,which separated church and state, were mostly non-Christians. America was not created as a Christian country. That is a myth. Nor was it founded on Judeo Christian principles. This is another myth. The founding fathers were deists. They were products of the enlightenment. They did not believe in a god that played any role in human affairs. They understood from European history the terrible consequences of not separating church and state.
Today’s Christian nationalists and evangelicals, mostly Trump supporters, are relentless in their attempts to tear down the wall of separation. These people have substantial political power. They are much of Trump’s base. They succeeded in getting Amy Comey Barrett appointed to the Supreme Court.
Two weeks ago she along with four reactionary Catholic judges, Alito, Kavanaugh ,Thomas and Gorsuch, prevented Governor Cuomo and his scientific advisors from limiting the number of people who attend Roman Catholic and ultra Orthodox Jewish services in Brooklyn. This decision will cost lives in New York and nationally as it ties the hands of governments trying to limit the human toll of the COVID-19 pandemic.
Guest – Attorney Andrew Seidel, a Constitutional litigator with the Freedom From Religion Foundation and the author of the just published book The Founding Myth: Why Christian Nationalism is Un-American.
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Matt Meyer: Movement Building Post-Trump
In a 2018 Gallup poll half of Americans called the state of moral values in the United States “poor,” and 37 percent say moral values are “only fair.” Over the past four years, a perfect storm of incompetence, misinformation, and reckless decisions by Donald Trump have left a stain not just on moral values but also on democratic institutions and the rule of law. In a chillingly politicized decision, for example, the new overtly right-wing Supreme Court has signaled its preference for religion over public health in its first opinion limiting states’ rights to protect residents from the Covid-19 virus.
As we transition from what no doubt will go down in history as the worst presidential administration in American history, much of the nation is plagued by widespread depression and hopelessness. But bad times for the country provide new opportunities for social justice organizing.
Longtime activist and writer Matt Meyer’s recent blog for Waging NonViolence is called “6 ways to stay focused on movement-building amid the post-election chaos.” He offers concrete suggestions—in effect a moral assignment for the masses– for surviving, and acting—in the wake of four exhausting years under a divisive narcissist.
For more information on David Gilbert
Guest – Matt Meyer, author of several books on resistance and social change chiefly published by PM Press and Africa World Press. He is the Secretary General of the International Peace Research Association, a long-time leader of both the War Resisters League and Fellowship of Reconciliation, the Senior Research Scholar of the Resistance Studies Initiative, and an advisory board member of Waging Nonviolence. He is also on the board of the New York-based A.J. Muste Institute, funding grassroots activist initiatives for half a century.
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Criminalizing Dissent, Human Rights, Iraq War, Political Prisoner, Prison Industry, Torture, Truth to Power, War Resister
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Julian Assange Update With Journalist Kevin Gosztola
The problem of the 2020 United States election between Biden and Trump from the standpoint of defending free national security journalism was that one of them would win. Whereas Trump was a caricatures of the system Biden is its embodiment. He has pledged “nothing will fundamentally change.“ This is the fear of Julian Assange and his defenders.
The Trump administration initiated an indictment against Julian Assange for 17 counts of espionage. Assange revealed U.S. war crimes in Iraq and Afghanistan 10 years ago. Secretary of State Mike Pompeo called his organization, WikiLeaks, which published his whistleblowing articles, “a non-state hostile intelligence entity.”
Biden has called Assange “a high tech terrorist.” Hillary Clinton said “we should drone him.” One of the legal advisors to Biden was a prosecutor in the Eastern District of Virginia and sent whistle blowers, John Karakuo and Jeffery Sterling, to federal prison. He wanted to indict Julian Assange but left office to join a private law firm before he could get around to it
Julian Assange is now in solitary confinement in Britain’s infamous and Covid wracked Belmarsh prison in London. He is in terrible physical and mental shape. The extradition request of the United States has been litigated. We await the judges decision which is expected at January 4.
The defense has submitted their arguments in support of Julian, principally that this is a political prosecution which is illegal under an American British treaty.
Guest – Kevin Gosztola, a journalist who has covered the recent extradition hearing and writing on whistleblowers for many years. He writes for “Substack” and does the podcast “ Unauthorized Disclosure“. He has closely followed the Julian Assange case.
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Release Aging People In Prison Campaign During Covid 19 Risks
As coronavirus positivity rates have been rising nationwide two states—NY and California—have shown vastly different responses. In New York State, nearly 5% of the state’s prisoners have tested positive for Covid 19. Public health experts have warned that to reduce the spread of the virus, prison populations should be cut to 50% capacity.
While Governor Andrew Cuomo has ordered the release of 3,109 New Yorkers, he hasn’t used his power of clemency, either through a pardon of commutation. In stark contrast, Governor Gavin Newsom of California has expedited the release of nearly 9,000 prisoners and issued 55 commutations and 4 medical reprieves between March and November.
In contrast, Andrew Cuomo has granted 2 commutations in January, and another 3 in June. Critics call that number outrageous. Steve Zeidman, who co-directs CUNY Law School’s Defenders Clinic Second Look Project told Gothamist that clemency is “an urgent necessity that is being ignored.” The clinic currently represents 50 people whose clemency petitions await the governor’s decision.
The governor’s office declined to comment on whether he will issue more commutations this year. For the past six holiday seasons, advocates have gathered to plead with Cuomo to commute more sentences. For the most part, he has ignored their pleas.
Guest – Jose Saldana, executive director of Release Aging People in Prison.
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Civil Liberties, Criminalizing Dissent, Human Rights, Supreme Court, Truth to Power
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Human Rights Attorney Steven Donziger Faces Contempt Trial Without Jury, Before Federalist Society Judge
Since the inception of Law And Disorder Radio 15 years ago we have endeavored to chronicle the decline of democracy and the rule of law in our country. A low point has been reached with the prosecution of human rights ex-attorney Steven Donziger who goes to trial in January. He is charged with criminal contempt. He will be tried without the benefit of a jury before Federalist Society right wing pro-corporate Judge Loretta Presca in the Southern District of New York.
Three decades ago Donziger successfully brought a lawsuit against the oil giant Chevron which had contaminated in the area of Ecuador the size of Rhode Island. He won over $9 billion in an Ecuadorian court. Chevron has not paid a penny of the judgment nor has it cleaned up the area it ruined. Lives of thousands of indigenous Ecuadorians have been wrecked by the cancer causing pollution.
Donziger has been targeted by Chevron which has spent hundreds of millions of dollars and used over 2000 lawyers to prevent the paying of the judgment and to victimize Donziger. It attempted to send a message to environmentalists that we will crush you if you try to protect yourself from us. When federal Judge Louis Kaplan, a former tobacco company attorney, found Donziger in contempt of court for refusing to turn over his computer and cell phone to Chevron’s attorneys on the grounds that it contained privileged information on his clients, Kaplan caused Donziger to be disbarred and put under house arrest. Kaplun assigned his friend Judge Presca to try the contempt case against Donziger without a jury. The trial starts in New York City in January.
Guest – Steven Donziger is a renowned advocate, writer, and public speaker with a focus on addressing human rights abuses and corporate malfeasance. He is part of the team working with indigenous and farmer communities in an area of the Ecuadorian Amazon rainforest suffering from high cancer rates and other health ailments related to the massive oil pollution caused by Texaco, now owned by Chevron. In 2011, the affected communities won a historic $9.5 billon judgment against Chevron for the environmental cleanup of what experts consider to be one of the worst oil-related catastrophes in the world. Known for his “Herculean tenacity” (Business Week), Steven has represented the affected communities since first visiting the region in 1993. Steven also founded Project Due Process, a legal advocacy group for Cuban detainees who arrived in the United States in the Mariel boatlift.
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The Dangerous Case of Donald Trump
Two years ago a Yale School of Medicine professor and psychiatrist told Congress that President Trump is mentally unstable, could be dangerous, and could even be involuntarily committed. Bandy Lee argued in briefings that Trump should undergo a capacity evaluation to assess his fitness for duty. Lee argues that Trump may actually be a dangerous person—one who’s shown a “pattern of violent behavior and violent tendencies”—and she’s considered whether the president should be involuntarily committed to a hospital mental-health program. “We can forcibly commit somebody and could be held legally liable if we don’t when the signs are obvious,” Lee told the Atlantic Magazine.
In Trump’s case, the pattern of violent behavior” includes incendiary tweets, comments about groping women on Access Hollywood, his encouraging violence against protesters at campaign rallies, and his defense of white nationalists. Democrat Jamie Raskin of Maryland, one of a dozen lawmakers who have met with Lee, proposed creating an independent commission to determine presidential capacity. “The framers foresaw a time when this could become an issue,” Raskin has said, referring to the 25th Amendment. “And we simply have to have the courage and sense of responsibility to implement the procedure they set up.” Lee has noted that this is a matter of human survival, and that psychiatrists “could be held legally liable if we don’t [speak out] when the signs are obvious.”
Guest – Professor Bandy Lee, forensic psychiatrist, an expert in violence, president of the World Mental Health Coalition and editor of “The Dangerous Case of Donald Trump.”
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Supreme Court, Truth to Power
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Attorney Michael Tigar: Sensing Justice
Democracy and the rule of law have been in decline long before the Trump administration came at the office. The decline is accelerating. We can trace it back at least 19 years to the terrorist attack on the World Trade Center. The Patriot Act resulted and put in place the surveillance state making Americans the most spied on people in history.
The Supreme Court decision in Citizens United allowed for dark money guided by the right wing Federalist Society to pack the federal judiciary with 200+ Trump appointed right wing judges, Amy Comey Barrett being the latest. Local police forces have been militarized and we have seen the results of this in the Black Lives Matter uprisings since June.
The attack on democracy has been bipartisan. The Obama administration claimed the right to assassinate anyone without due process including American citizens, even children. They put more whistleblowers in prison than ever before. Trump initiated the unprecedented prosecution of Julian Assange, a whistleblowing publisher who exposed US war crimes. Now Trump, with the backing of the Republican Party and gun toting militias have promised not to honor the results of the upcoming election if he loses.
Guest – Constitutional attorney Michael Tigar, professor emeritus from The Washington College of Law and has taught at the University of Texas and Duke University. He is the author of Mythologies of State and Monopoly Power. He has practice before the Supreme Court, arguing his first case when he was 24 years old. Tigar has written or edited more than a dozen of important books including “Law and the Rise of Capitalism.“ Since 1996 he has practiced law with his wife Jane B. Tigar. Michael Tigar’s blog Tigarbytes.
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The Chicago Seven: Attorney Bill Kunstler At Carolines Comedy Club
We hear part of the presentation by William Kunstler at Carolines Comedy Club in 1995.
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Civil Liberties, Criminalizing Dissent, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Torture, Truth to Power
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Pen Pal: Prison Letters From a Free Spirit on Slow Death Row
Tiyo Attalla Salah-El died in 2018 on “ Slow Death Row” while serving a life sentence in a Pennsylvania prison. He was a man with a dizzying array of talents and vocations: author, scholar, teacher, musician, and activist: he was the founder of the Coalition for the Abolition of Prisons. He was also an extraordinarily eloquent correspondent.
Today we are going to talk with his friend Paul Alan Smith about the letters that Smith exchanged with Tiyo which were written over a decade and a half. We will also speak with Paul’s friend the actor Carl Weathers who read the letters for the audiobook. The book is called Pen Pal: Prison Letters From a Free Spirit on Slow Death Row. It has a preface by Mike Africa, Jr.
Guest – Carl Weathers, multi-talented director, actor and former professional football athlete. Carl Weathers learned about the life and letters of Tiyo and read the letters for the audio book version of Pen Pal.
Guest – Paul Alan Smith, an agent and manager representing directors working in both film and TV. He’s most recently known as the founder of New Deal Mfg. Co., which seeks to shift representation to a more client-centric approach, rather than focusing on the needs of corporations.
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Chris Hedges Analysis Of Pre-Election Society In The United States
We are living in extraordinary times. At the same time we face both tremendous danger and extraordinary opportunity. The danger comes from a failed state, a failed racist capitalist state they cannot afford safety let alone opportunity to its citizens. Our opportunity comes from the massive social mobilizations that we have not seen in 75 years. A young generation has risen up. White people are involved with black people who are providing leadership. Perhaps 20 million have taken to the streets.
Trump is desperate and resorts to stoking fear of violence, race baiting, lying, explaining to his followers that all the unrest is due to agitators, antifa, Marxist and socialists.
The Democratic Party has chosen to oppose Trump with Joe Biden. The best you can say about him is that he’s not Trump. He has vowed to veto a medicare for all bill if it comes across his desk and has suggested that police violence could be curbed if they shot people in the legs, not the chest. He is for giving police departments more money. The worst you can say about Biden and the Democratic Party is that they are not a bulwark against fascism.
The big financial backers of the Democratic Party crushed the Sanders campaign indicating they would rather have Trump than a social democrat who would cost them money and raise expectations. Sanders for his part missed his historic moment, twice, when he refused to break from the Democratic Party in both 2016 and 2020.
Instead he performs the function of a sheepdog herding people back into a moribund capitalist party that has nothing to offer as a way out of the combined climate, economic, race, the health crisis, and nuclear annihilation and nuclear annihilation
Guest – Chris Hedges about where we are at, how we got here, and what to do next. Chris Hedges is a Pulitzer Prize winning journalist. He was the foreign correspondent for the New York Times for 15 years and served as middle eastern bureau chief. He is the host of Emmy award nominated RT America show On Contact and the author of numerous books Including America: The Fairwell Tour, Empire of Illusion, and American Fascists: The Christian Right and the War on America.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Surveillance, Torture, Truth to Power, War Resister
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The Sickness is the System: When Capitalism Fails To Save Us From Pandemics or Itself
COVID-19 did not cause the current economic devastation to billions of people around the world. It triggered the crisis. It illuminated the inherent instability in the capitalist system itself. Capitalism exacerbates unemployment, inequality, racism, and patriarchy and threatens the health and safety of workers and our communities.
We are in the worst economic crisis since the great depression of 90 years ago. Half of the American population is poor or near poor. Twenty million people are unemployed. It is estimated that 400,000 Americans will die from COVID-19 by the end of the year. Most of these people will be Black, Latino, the poor and the elderly.
The large corporations have bought out both the Republican and Democratic parties. Neither one of these parties has put forward an effective plan on what to do to get us out of this catastrophic situation.
Guest – Professor Richard Wolff, author of The Sickness is the System: When Capitalism Fails To Save Us From Pandemics or Itself. Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program of International Affairs of the New School University, New York City. His previous books are Understanding Socialism and Understanding Marxism.
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Julian Assange Extradition Case Update
The decline of democracy and the rule of law, already advanced under Obama , has accelerated under Trump. By his own admission it is widely known that President Trump will not consent to leaving office if he loses the election. What is not so widely known is the case that he caused to be prosecuted against journalist and whistleblower Julian Assange.
Assange is being railroaded in the Old Bailey courthouse in London in an effort by US government, in collaboration with its British ally, to extradite Assange and send him to the federal court in the Eastern District of Virginia to be tried under the 1917 Espionage Act.
Assange told the truth about American war crimes in Iraq and Afghanistan back in 2010. He is 49 years old and in terrible mental and physical health. If he loses and is sent to the Eastern District of Virginia for trial and successfully prosecuted, which is a given, it will be the death of free journalism and a blow to the first amendment which is a keystone of our democracy because it involves the right to learn.
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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