Law and Disorder January 2, 2023

Cars and Jails: Freedom, Dreams, Debt and Carcerality

What is the connection between cars and jails? Every day more than 50,000 Americans are pulled over by police officers while driving. Most of them will come away from this encounter owing money to the municipality or county in which they were stopped. Some will be arrested. They will join the nearly 9,000,000 Americans to cycle through our countries’ jails each year.

Police can choose from hundreds of traffic code violations to make a pretext stop and conduct a vehicle search. This may result in a fine or or an arrest.

American consumer lore has long held the automobile to be “freedom machine” consecrating the mobility of a free people. Yet paradoxically, the car also functions at the crossroads of two great systems of unfreedom and immobility – the credit economy and the American carceral system.

Guest – Andrew Ross who along with his co-author Julie Livingston has investigated this paradox and written the book “Cars and Jails: Freedom, Dreams, Debt and Carcerality”. It was just published by OR Books. The book shows how the long arms of debt and the carceral state operate in tandem in the daily life of car use and ownership. Andrew Ross is a professor of social and cultural analysis at New York University, and a social activist and analyst. He has authored and edited numerous books and has written for the New York Times, the Guardian, The Nation, and Al Jazeera.

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Remembering Michael Ratner

Hosts Heidi Boghosian and Michael Smith remember Michael Ratner as cohost, activist, radical attorney, author and close friend. In this show, hosts reflect on Michael’s work and listen back to several monologue updates. They include his work as co-counsel for Wikileaks founder Julian Assange, the Dahiya Doctrine, SNAP- Survivors Network of those Abused by Priests, NSA survelliance in the Bahamas and Guantanamo Bay prisoner exchange.

Michael Ratner (1943-2016) was president emeritus of the Center for Constitutional Rights and author of Guantanamo: What the World Should Know. Michael worked for decades, as a crusader for human rights both at home and abroad litigating many cases against international human rights violators resulting in millions of dollars in judgments for abuse victims and expanding the possibilities of international law. He acted as a principal counsel in the successful suit to close the camp for HIV-positive Haitian refugees on Guantanamo Base, Cuba. Michael Ratner has litigated a dozen cases challenging a President’s authority to go to war, without congressional approval. In the wake of the September 11 attacks, the Center has focused its efforts on the constitutionality of indefinite detention and the restrictions on civil liberties as defined by the unfolding terms of a permanent war. Among his many honors were: Trial Lawyer of the Year from the Trial lawyers for Public Justice, The Columbia Law School Public Interest Law Foundation Award, and the North Star Community Frederick Douglass Award.

Hosted by Attorneys Michael Smith and Heidi Boghosian

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Law and Disorder January 6, 2020

  • Michael Smith and Guest Host Natasha Bannan Discuss 61st Anniversary of Cuban Revolution

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Venezuelan Embassy Protectors Could Face Fines And Prison

The first week of January 2020 marks the 61st anniversary of the Cuban revolution. The Cuban people now have some of the best healthcare in the world, free education through college, adequate housing, and a high-level of culture.

The attitude of the American government has been one of almost unrelieved hostility including violence and an ongoing economic, financial, and commercial blockade.

Unable to reverse the Cuban revolution United States sought from the beginning to contain its influence. From the 1960s the governments of Chile, Argentina, Bolivia, Brazil, the Dominican Republic, Uruguay and recently Bolivia were overthrown by American sponsored coups because of their friendly position towards Cuba. As of today the Venezuelan government is being targeted by the United States.

In violation of international law in May of 2019, the United States government attempted but failed to overthrow the democratically elected government of Nicolas Madura in Venezuela.

The United States had at that time attempted to install Juan Guida as the president of Venezuela and Guida’s right wing supporters attempted to take over the Venezuelan embassy in Washington DC. Under international law, the embassy is the property of Venezuelan government and is considered untouchable.

A number of Americans, known as the Embassy Protectors, moved in to the embassy to prevent its hostile takeover. The State Department, Secret Service, and the Metropolitan Police force laid seize to the embassy. Electricity and water were cut off. No food was allowed in.

Although the coup against the Maduro government failed the Embassy Protectors were arrested when the US government raided the Venezuelan embassy. Four of the protectors including today’s Law And Disorder guest Attorney Kevin Zeese were arrested and face trial. If convicted they could be fined up to $250,000 and given a one year prison term. Embassy Protectors

Guest – Kevin Zeese is a US lawyer and political activist. He helped organize the 2011 Occupy encampment in Washington DC. Kevin Zeese is currently the co-director of The Organization Popular Resistance.

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U.S. Anti-Immigration and Just Futures Law

Anti-immigrant discourse and policy has defined a large part of the Trump Administration since 2016. We take a look into attacks against immigrants in the United States and related rule making in the last few months.

Guest – Paromita Shah is the Executive Director of Just Futures Law, a new movement lawyering organization dedicated to ending the deportation and mass incarceration industrial complexes. Paromita has spent over 20 years in providing innovative legal and advocacy support to lawyers and legal advocates, grassroots groups and organizers, in the fight against criminalization and immigration enforcement. She has worked to support immigrant communities impacted by policing and immigration enforcement and has worked on issues like immigration detainers, gangs, and technology surveillance.

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Law and Disorder July 29, 2019

Gov. Ricardo A. Rosselló Announces Resignation After Massive Protest Fills Streets

President Donald Trump’s recent attacks on four congresswomen, people of color, telling them “to go back home” echoes the dehumanizing demagoguery of fascist strong men who use race baiting to scapegoat and divide and conquer. Victimizing Latinos has been a strategy of Trump’s ever since the election when he called Mexicans criminals and rapists.

After Hurricane Maria wrecked the American colony of Puerto Rico in 2015 killing nearly 3000 people and severely damaging the electrical grid, Trump went to San Juan and was videoed throwing rolls of paper towels to people.

Guest – Attorney Natasha Bannan, former National Lawyers Guild director. She currently works as associate counsel at the New York City-based Latino Justice. She graduated from CUNY Law School where she was editor in chief of the CUNY Law Review. She wrote an article for this journal titled Puerto Rico’s Odious Debt: The Economic Crisis Of Colonialism. She is also on the Board of Directors of the Center for Constitutional Rights.

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Venezuelan Embassy: Embassy Protection Collective Update

In a violation of international law, on May 16, 2019 more than 100 police, many with military gear, invaded the embassy of Venezuela in Washington, DC and arrested four Embassy Protectors who were in the embassy with the permission of the Venezuelan government to protect it from takeover as part of a US coup against the elected Venezuelan government of Nicolas Maduro.

The US had attempted to install Juan Guaido as the president of Venezuela and on May 30th right wing coup supporters attempted to take over the Venezuelan embassy in Washington DC. This coincided with another attempted coup by Juan Guaido in Venezuela. Guaido failed in his coup attempt.

The embassy in Washington, DC is the property of Venezuela and under international law the United States must protect and is not allowed to enter it.

A group of Americans known as the Embassy Protection Collective moved into the embassy to prevent its hostile takeover. Up to 70 people were sleeping in the embassy as embassy protectors.

The State Department, Secret Service, and the Metropolitan police force allowed a pro-coup mob to lay siege on the embassy. People were blocked from entering the embassy. Food was prevented from being brought in. The electricity and water were cut off.

Although the coup against the Maduro government failed, the Embassy Protectors were arrested when the US government raided the Venezuelan embassy. The final four Embassy Protectors, Kevin Zeese, Margaret Flowers., Adrian Pine, and David Paul were arrested and face federal prosecution. If convicted they could be imprisoned up to one year and fined up to $100,000 each.

Guest – Kevin Zeese is a US lawyer and political activist. He helped organize the 2011 Occupy encampment in Washington DC. Kevin Zeese is currently the co-director of The Organization Popular Resistance.

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Law and Disorder June 17, 2019

Analyzing Recent Abortion Legislation 

Halfway through 2019 nine states have already passed bills to limit abortion. Louisiana recently passed a ban on the medical procedure after a fetal heartbeat is detected. That makes it the 9th state in 2019 year to pass abortion restrictions that could challenge the constitutional right established in Roe v.Wade.

Alabama legislators also recently voted to ban abortions in nearly all cases. Other measures, like Louisiana’s, have limited the procedure to earlier in pregnancy, typically around six weeks.

Georgia, Kentucky, Louisiana, Missouri, Mississippi and Ohio stopped short of outright bans. They’ve passed so-called heartbeat bills that effectively prohibit abortions after six to eight weeks of pregnancy. That’s when doctors usually start detecting a fetal heartbeat. Utah and Arkansas voted to limit the procedure to the middle of the second trimester.

Most other states follow the standard set by the Supreme Court’s 1972 Roe decision, which says abortion is legal until the fetus reaches viability, usually at 24 to 28 weeks.

The latest bans are not yet in effect (Kentucky’s was blocked by a judge), and all bans are expected to face protracted court battles. What does all this mean? More states are considering and will likely pass measures similar to that in Louisiana in an attempt to challenge Roe v. Wade.

Guest – Attorney Elisabeth Smith from the Center for Reproductive Rights. Elisabeth is their Chief Counsel for State Policy. Before that she was Legislative Director at the ACLU of Washington where she was the Legislative Director.

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Cuban Revolution 60th Anniversary And The 1996 Helms-Burton Act

July 26, 2019 marks the 60th anniversary of the Cuban revolution. On that date revolutionary troops led by Fidel Castro and Che Guevara marched into Havana. The American supported dictator Batista fled to the Dominican Republic. Other rich Cubans went to Miami. At that time the wealth of Cuba, it’s vast fertile sugarcane and tobacco fields, it’s oil refinery, its phone company, were owned by US corporations and a handful of wealthy Cubans.

To obstruct the revolution, the US owned oil refinery stopped providing oil so there was no gasoline. In response, the Cuban revolutionaries nationalized the refinery, then the phone company, the nickel mines, and the vast land holdings. This was the beginning of the Cuban revolution The Cuban government offered to pay the owners for the nationalized property in the amount that the owners had listed the properties for tax purposes. The owners refused to take the money. Since then the American government has waged economic warfare on Cuba.

In an escalation of this warfare Last week we saw the instigation of the dormant title III section of the anti-Cuba 1996 Helms-Burton Act. This law permits US citizens to sue anyone anywhere in the world in American Courts for using property legally expropriated by the Cuban government after the revolution. Expropriation of a foreign owned property is legal under international law so long as the owners are compensated.

In addition to the invocation of the Helms-Burton law the US government has ended people to people travel to Cuba and drastically reduced the amount of money Cuban Americans living in the US can remit to their families on the island.

Guest – Netfa Freeman, policy analyst with the Institute for Policy Studies and an Organizer in the International Committee for Peace Justice & Dignity.

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Law and Disorder May 20, 2019

Venezuelan Embassy Protected Against Staged Attacks In DC

Democracy and the rule of law are being rapidly unraveled in our country by President Trump, his advisers, especially convicted war criminal Elliot Abrams, who was put in charge of policy in Venezuela, and John Bolton, who said that if the top 10 floors of United Nations building were lopped off it wouldn’t make any difference, and with the support of the rightist insurgent Republican Party.

The latest example is the American government’s failed attempt military coup in Venezuela and its support of the ongoing attack on the Venezuelan embassy here in Washington DC.

On April 30th, the United States tried and failed to overthrow the democratically elected Venezuelan president Nikolai Maduro. They fail to supplant him with Juan Guaidó, the self-proclaimed a president who’s only real power is outside of Venezuela and comes mostly from the Trump administration.

Back home in Washington DC right wing counterrevolutionaries in support of Juan Guaidó have so far failed in their attempt to take over the Venezuelan embassy. Under centuries of international law the embassy is considered the property of Venezuela itself.

Last week the Washington DC utility company, undoubtedly at the request of the US government, turned off the building’s water electricity supply. Washington DC police and the Secret Service are preventing people from bringing food and water into the embassy. A number of American citizens, acting in support of democracy in Venezuela, entered the building to protect it against an invasion by coup supporters. They are also demonstrating outside of the building. The embassy protectors are being represented by attorney Mara VerhaydenHilliard of the Washington DC Partnership For Civil Justice.

Popular Resistance, Answer Coalition, Code Pink

Guest – Attorney Mara Verheyden-Hilliard has in the past successfully sued both the Washington DC police department and the New York City Police Department for their abuse demonstrators. She is co-chair of the Guild’s National Mass Defense Committee. co-founder of the Partnership for Civil Justice Fund in Washington, DC, she secured $13.7 million for about 700 of the 2000 IMF/World Bank protesters in Becker, et al. v. District of Columbia, et al., while also winning pledges from the District to improve police training about First Amendment issues. She won $8.25 million for approximately 400 class members in Barham, et al. v. Ramsey, et al. (alleging false arrest at the 2002 IMF/World Bank protests). She served as lead counsel in Mills, et al v. District of Columbia (obtaining a ruling that D.C.’s seizure and interrogation police checkpoint program was unconstitutional); in Bolger, et al. v. District of Columbia.

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Lawyers For The Left: In The Courts, In the Streets And On The Air

Lawyers For The Left: In The Courts, In the Streets And On The Air is the title of the just published book by our own Michael Steven Smith. It profiles the some of the nation’s most effective agents of social change. Michael discusses how he came to write this book and previews several of the lawyers profiled therein.

As Chris Hedges quotes “The lawyers in this book valiantly fought the erosion of justice and assault on the court system.”

Portside Review by Bill Ayers:

Now open Michael Steven Smith’s smart and compelling Lawyers for the Left, and you’ll find yourself plunged into the contradictions and swirling through the vortex where that question—what is the law?—is on everyone’s mind all the time. It takes on a unique urgency and a fresh vitality as its debated case by case and issue by issue by these committed advocates battling against a system they see as deeply and unfairly stacked against their clients—Black freedom fighters, Puerto Rican independistas, Indigenous and immigrant rights activists, women warriors, anti-war militants, water defenders, dissidents and radicals. None of the lawyers you’ll meet here holds fast to the traditional view that the law is simply a civilized mechanism for resolving disputes in an intelligent and reasoned way. They agree, rather, that any honest analysis of the law begins elsewhere, noting that in all times and in all places, the law is constructed in the service of whatever social/economic system created it. In other words, the law is a mechanism of control that works to protect and perpetuate existing social relations.

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Law and Disorder October 30, 2017

 

 

Cuban US Embassy Sonic Weapons Scare

The Trump administration is considering closing the recently reopened US Embassy in Havana after several unexplained incidents that allegedly hurt American diplomats in Cuba. Some lawmakers are calling for the ouster of all Cuban diplomats from the US in addition to the 15 they’ve kicked out of the country. Its a move that would have significant diplomatic implications.

US Secretary of State Rex Tillerson made these suggestions recently. His comments were the strongest indication yet that the US might mount a major diplomatic response, potentially jeopardizing the historic restart of relations between the Cuba and US governments. The two reopened embassies in Washington and Havana in 2015 after roughly a half-century of estrangement.

Of the 21 medically confirmed US victims, some have permanent hearing loss or concussions while others have suffered nausea, headaches and ear-ringing. Some are having problems with concentration or common word recall.

Some victims felt vibrations or heard loud sounds mysteriously audible in only parts of rooms, leading investigators to consider the possibility of a sonic attack. Others heard nothing but later developed symptoms.

The US State Department has emphasized that the US still does not know what has occurred. Cuba has denied any involvement and has said that it wants to help the US resolve the matter.

Investigators have explored the possibility of an electromagnetic weapon, or an advanced spying operation gone awry. The US has not ruled out that a third country or even a rogue faction of Cuba’s national security services may be involved.

Guest – Sandra Levinson, President and Executive Director of the Center for Cuban Studies. She was one of the Center’s founders in 1972. In 1991 Levinson spearheaded a lawsuit against the U.S. Treasury Department which resulted in legalizing the importation of original Cuban art.  She is currently directing works at the Cuban Art Space, which she founded in 1999, to properly house and archive the thousands of posters, photographs and artworks which the Center has collected in the past 42 years.

Contact the Center for Cuban Studies at 212.242.0559.

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Trump in the White House: Tragedy and Farce

The great issues of our times are the return of fascism to the United States and Europe, climate change, and the stagnation of the world capitalist economy. These great issues are pressing and interconnected.

We used to think that the experience of World War II guaranteed that no politician would ever advocate the ideas of fascism.

But the election of Donald Trump a year ago has caused a serious reconsideration of fascism and it’s relationship to capitalism and to democracy.

The neoliberals paved the way for Trump. Now he and the forces aligned with him have put our democratic institutions under attack in order to protect the rule of the wealthy. The attacks include the right to vote, labor unions, public education, an independent news media, independent public universities, the privatization of much of traditional governmental functions and making it almost impossible to launch a new political party.

The election of Trump is a political development that for concrete sociological reasons allows us to see it for what it is, as a type of neo-fascism. Only by identifying the phenomena correctly can we effectively fight it.

Jack London wrote a century ago in his famous book The Iron Heel that “There is a shadow of something colossal and menacing that even now is beginning to fall across the land. Call it the shadow of an oligarchy, if you will; it is the nearest I dare approximate it. What is nature may be I refuse to imagine. But what I want to say was this: You are in a perilous position.”

Guest – John Bellamy Foster is editor of Monthly Review and professor of sociology at the University of Oregon. He has written widely on political economy and has established a reputation as a major environmental sociologist. He is the author of Marx’s Ecology: Materialism and Nature (2000), The Great Financial Crisis: Causes and Consequences (with Fred Magdoff, 2009), The Ecological Rift: Capitalism’s War on the Earth (with Brett Clark and Richard York, 2010), and The Theory of Monopoly Capitalism: An Elaboration of Marxian Political Economy (New Edition, 2014), among many others.