Civil Liberties, Civil Rights, Gaza, genocide, Human Rights, U.S. Militarism, Violations of U.S. and International Law, War Resister
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Chris Hedges: Assessing The Political Landscape In 2026
What we are going to do in this segment of today’s Law and Disorder is learn the thinking of our guest on the following questions. Is there a meaningful ceasefire in Gaza? When will the Palestinians have their own sovereign nation? Is it reasonable to still designate America as a democracy? Is President Trump an authoritarian and would-be dictator? Is it quite possible that the 2026 mid-term elections will be cancelled or so demeaned as to be totally unrepresentative of the true will of the American people?
Guest – Chris Hedges is a Pulitzer Prize winning journalist and author, and the former Middle East correspondent for the New York Times. Among his more than a dozen books are American Fascism: The Christian Right and the War on America; The Greatest Evil Is War; and A Genocide Foretold: Reporting on Survival and Resistance in Occupied Palestine. Chris Hedges is also one of the contributors to the book titled From the Flag to the Cross: Fascism American Style, a book composed of summaries of interviews with guests here on the Law and Disorder radio show, and available for purchase at O/R Books.
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Crossing Hitler: The Man Who Put the Nazis on the Witness Stand
Hitler’s fascist organization came to power in Germany. It employed the violence of Hitler’s storm troopers. There is a parallel today with President Trump’s administration and the MAGA people employing the violence of ICE to terrorize people in our large cities. Hitler tried unsuccessfully to distance himself from the violence of the storm troopers. He was not successful because of the brilliant cross examination by German attorney Hans Litten, who put Hitler on the stand and subjected him to a devastating three hour cross examination. Today we re-broadcast Law and Disorder founding cohost attorney, Michael Ratner’s interview with Benjamin Carter Hett, the history professor who wrote the book Crossing Hitler: The Man Who Put the Nazis on the Witness Stand.
Author Benjamin Hett outlines the fascinating and tragic story of a young lawyer Hans Litten in his recent book Crossing Hitler: The Man Who Put the Nazis on the Witness Stand. Before the Nazis rose to power in the early 1930s, they incited calculated violence among the working class in German taverns. Four Nazi stormtroopers were charged with firing randomly into a dance hall where a communist hiking club were holding a party. Three young men were wounded. Hans Litton was the advocate for the 3 men.
Hans Litten called Hitler to the witness stand to show that the Nazi party was a violent party, and by cross examining Hitler he tried to prove that. Litten forced Hitler to contradict himself, reducing him to humiliating rage that revealed his true intention. At that time, Hitler wanted to be a legal party in Germany and of course you couldn’t be a party that was extra-constitutional and legal but at the same time he didn’t want to disappoint the base of his party which was this violent working class aspect. Two years later, the Nazi Party rose to power.
What came after the Reichstag Fire was the arrest of about 5 thousand people across Germany who the Nazis have identified as opponents or potential opponents. Hans Litten was among them and sent to a concentration camp. Author Benjamin Hett describes a powerful narrative of Hans facing torture yet still telling stories and teaching art to other prisoners. Hans Litten was born in 1903 in Halle in Central Germany, his father was a law professor and Jewish but converted to German evangelical (Lutheran).
Guest – Benjamin Hett, author of Crossing Hitler: The Man Who Put the Nazis on the Witness Stand. Hett is a former trial lawyer, and now Associate Professor of History at Hunter College.
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Civil Liberties, Civil Rights, Gaza, genocide, Human Rights, Surveillance, Targeting Muslims, War Resister
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On Friday, following the taping of this show, the UK High Court ruled that the ban on Palestine Action, which we examine, was unlawful.
Our guest Fahad Ansari released this statement: “With jurors repeatedly refusing to convict individuals for smashing up Israeli weapons factories and now the High Court quashing the government’s proscription of a group dedicated to that goal, it is evident that the British public overwhelmingly opposes Britain’s support for Israeli genocide.”
British Movement Lawyer Exposes Being Targeted By Senior Politicians and Cointel Police
When repressive governments around the world attack their own people and liberal democracies fight back, some of the first responders are movement lawyers. Unlike cowardly law firms that capitulate in advance, as we have seen here in the United States, movement lawyers work hand-in-hand with activists not merely challenging what the government is doing but putting the government itself on trial.
The roots of movement lawyering in the United States can be traced back to the civil rights movements of the 1960s and 1970s, where lawyers challenged laws that upheld segregation and other forms of discrimination. These lawyers used the legal system not just as a passive tool but as an active agent of change. They helped litigate landmark cases that desegregated schools, secured voting rights, dismantled discriminatory laws, challenged draft laws and questioned the legality of the Vietnam War.
The founders of this program Law and Disorder, Michael Ratner, Michael Smith, Jim Lafferty, and Heidi Boghosian are all prominent movement lawyers. But movement lawyers are not confined to the United States.
Guest- Fahad Ansari, is a senior civil liberties solicitor based in London. As a movement lawyer, he developed a niche in representing individuals and communities affected by counter-terrorism legislation, state surveillance, and discriminatory policing. His career has been defined by taking on some of Britain’s most sensitive cases including representing those stripped of their citizenship on grounds of national security and representing Hamas in its 2025 application to be removed from the British government’s list of proscribed terrorist organizations.
The Hamas case resulted in Ansari being smeared by senior politicians and targeted by British counter-terrorism police and the government agency that regulates the practice of law in the UK.
On August 6, 2025, Ansari was stopped by officers at the port of Holyhead as he returned from a family holiday in Ireland with his wife and four children. Ansari said the bulk of the questioning was about Palestine Action, a group recently proscribed under the Terrorism Act. He was also asked about Hamas but refused to answer, citing client confidentiality. Ansari said he was held by police for three hours, fingerprinted, photographed and swabbed for DNA and told to remove his face ID and pin from his phone or face arrest. The following day, the contents of his phone were copied by the police.
Ansari said that “In the decade that I have been involved in national security cases, I have never heard of lawyers in England being targeted to this extent because of their clients. Some have complained that representing Hamas brings the profession into disrepute. Yet, what really undermines the integrity of the profession is when unpopular clients are unable to secure legal representation because of fear of public opprobrium and state intimidation.”
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Michigan Movement Lawyer Mark Fancher
As we celebrate Black History Month, conversations often drift toward a comfortable, sanitized narrative of progress. But our guest today, Mark Fancher, has spent his career in the uncomfortable spaces where the struggle for racial justice remains ongoing, contested, and— for far too many communities—urgent.
Mark recently retired as Senior Staff Attorney with the Racial Justice Project of the ACLU of Michigan. But his commitment to justice did not begin there. A longtime leader in the National Conference of Black Lawyers and an active member of the National Lawyers Guild, he has devoted decades to challenging the systems that produce inequality—not merely documenting them.
In Michigan, those systems are stark, and those injustices are often enforced by the badge. Black residents comprise roughly 14 percent of the state’s population, yet account for nearly half of those incarcerated. That disparity is not incidental. It reflects policies, practices, and policing strategies entrenched over generations. Mark has litigated the human consequences behind those numbers—from confronting a culture of brutality in the City of Taylor, which he described as functioning like an “occupying army,” to defending Black officers such as Johnny Strickland, who faced retaliation within their own departments for speaking out.
Mark is no stranger to the friction that truth-telling provokes. More than a decade ago, at a “Unity Breakfast” in Muskegon, his remarks about white privilege and police misconduct prompted audience members to walk out. He was labeled “divisive.” But as Mark reminded them then—and reminds us now—Dr. King did not preach comfort. He taught the oppressed to confront injustice without fear and without retreat.
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Civil Liberties, Civil Rights, Criminalizing Dissent, Gaza, genocide, Human Rights, Targeting Muslims, Violations of U.S. and International Law, War Resister
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Jewish Voice For Peace: West Bank Divided and Conquered
Our guest today is Leta Hirschmann-Levy, a young Jewish New Yorker, who just returned from a solidarity delegation to the Israeli militarily occupied West Bank of Palestine. Ms. Hirschmann-Levy is a leading activist in Jewish Voice Peace, a writer and an actress. Her grandparents on her mother’s side were German Jewish refugees from the holocaust.
Israel has killed at least 1000 Palestinians in the West Bank and East Jerusalem since October 7, 2023. The murders are part of their project to ethnically cleanse the West Bank and East Jerusalem and make them free of Palestinians. Peace seems less and less possible.
The West Bank was invaded and taken by Israel during the 1967 war, a war that was initiated by Israel against its neighbors, especially Egypt and Syria. The West Bank has been occupied by the Israeli military ever since. It is the longest occupation in history. Despite Israeli propaganda, there’s no such thing as a liberal occupation.
Over 700,000 Israeli settlers have since moved into the occupied territory with the intent of preventing the West Bank from being part of a future Palestinian state, a Palestinian hope which the Israelis have vowed to never allow.
The territory is run on an apartheid basis with complete segregation of Jews and Arabs who are isolated by a 20 foot cement wall that snakes through their land. Arabs must use their own roads, are issued distinct license plates, suffer the indignity of military checkpoints, go to their own schools and live in separate communities at the base of hills occupied by Israeli settlers.
They are constantly surveilled and harassed by the military which keeps thousands of Palestinians, including children, in prison, many tortured and detained with no charges against them. Hundreds of their homes have been destroyed, their ancient olive trees uprooted, and their water supplies stolen. It is this situation that our guest went to observe.
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The Blue Road To Trump Hell: How Corporate Democrats Paved The Way For Autocracy
In 2016, a man famous for humiliating people on television with the catch phrase, “You’re fired,” was elected president of the United States. Many were surprised – chief among them, his opponent, Hillary Clinton.
But others, like our guest for this segment, saw it coming, and believes the Democratic Party could have done so much more than it did to avoid it.
Today, in the midst of Trump presidency #2, the country is as polarized as ever. How did we get here? And where are we headed? Is there a way to avoid the US slipping into a country where only the wealthiest enjoy power, resources, liberty and justice?
Guest – Norman Solomon, author of the new book, The Blue Road to Trump Hell: How Corporate Democrats Paved the Way for Autocracy. Norman is the national director of RootsAction and executive director of the Institute for Public Accuracy. He is the author of more than a dozen books including War Made Invisible: How America Hides the Human Toll of Its Military Machine. Solomon has written about politics for many publications including The Hill, The Nation, the Guardian, Common Dreams, the LA Times and Salon.
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Censorship, Civil Liberties, Criminalizing Dissent, Economics, Freedom Of Speech, Gaza, genocide, Human Rights, U.S. Militarism, Violations of U.S. and International Law
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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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Civil Liberties, Civil Rights, Criminalizing Dissent, Freedom Of Speech, Gaza, genocide, Human Rights, Prison Industry
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From The Flag To The Cross: Fascism American Style: Live Event
From The Flag To The Cross: Fascism American Style is the title of a newly published book edited by Zachary Sklar and our own Michael Smith. 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. Last month publishers OR books held a live book launch event taking place at Live On Avenue C in the East Village. Speakers included economist Rick Wolff, New York-based writer Margaret Kimberly and economist Kshama Sawant.
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What Is Pretrial Justice?
On any given day, roughly 7,000 people are held in New York City jails—mostly at Rikers Island—awaiting trial. Many are there not because they’ve been convicted of a crime, but because they can’t afford bail or have been remanded to custody. Critics argue that New York’s approach to pretrial detention is both unjust and unsustainable and that meaningful reform is long overdue. Detaining people before they’ve been found guilty turns the presumption of innocence upside down.
This system hits Black and Latino New Yorkers hardest. Lower average incomes and heavier policing in their neighborhoods make them far more likely to be jailed pretrial. Beyond the human toll, pretrial detention drives up expenses for staffing, security, medical care, and administration—all paid by taxpayers. And the social costs ripple outward. Lock-up before trial separates families, jeopardizes jobs, housing, and pressures individuals into pleading guilty simply to go home.
Recently, the Pretrial Justice Institute joined forces with NYU’s Center on Race, Inequality, and the Law, and the Bronx Defenders to convene directly impacted people, public defenders, advocates, and service providers to reimagine a more just system. Their report, A City Without Cages: Creating Pretrial Safety and Liberty in NYC, outlines what that future could look like.
Guest – Guisela Marroquín, Executive Director of the Pretrial Justice Institute in New York. There, she leads cross-sector efforts to advance racial equity and transform pretrial systems. Before that, she was Senior Director of Programs at the New York Women’s Foundation.
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Cuba, Executive Branch Law Breaking, Gaza, genocide, Human Rights, Violations of U.S. and International Law, War Resister
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Taxpayers Against Genocide and the National Lawyers Guild Submit Petition To UN
Eighty years ago, after 2 world wars claimed millions of lives, nations worldwide — including the United States — came together and established the UN system “to save succeeding generations from the scourge of war.” The UN Charter requires that all states settle their disputes peacefully and refrain from the use of armed force, except in self-defense after an armed attack against a UN state by another state, or when the Security Council authorizes it.
But, motivated by American exceptionalism — the notion that the U.S. is unique and morally superior and thus not bound by the rules — successive U.S. governments have violated the commands of the UN Charter and illegally attacked other countries with impunity. Trump has ignored the straightforward rules about the lawful use of force, but he is not the first U.S. president to do so. The last five presidents have launched armed attacks without Security Council approval against countries that had not carried out armed attacks on the U.S. or other UN member countries.
Besides violating the Charter’s prohibition on the use of force, the U.S. government – under both Biden and Trump – has aided and abetted Israel’s commission of genocide in Gaza. As the number of Palestinians killed by Israel exceeds 66,000, and famine has reached the “catastrophic” phase, thousands of taxpayers across the country have united with Palestinian-Americans to file an international legal complaint against the U.S. government for funding Israel’s genocide in Gaza.
An initial petition was filed in the Inter-American Commission on Human Rights in May by Taxpayers Against Genocide and the National Lawyers Guild. It charged the U.S. with aiding and abetting Israel in genocide, war crimes, and crimes against humanity. Tomorrow, the petitioners will file a new petition with the Commission. It includes substantial evidence of the U.S. role in Israel’s campaign of starvation.
Guest – Marjorie Cohn is Professor Emerita at Thomas Jefferson School of Law, Dean of the People’s Academy of International Law, and former president of the National Lawyers Guild. She is a legal political analyst who does commentary and writes columns on Truthout and other outlets, and she a former host on Law and Disorder radio. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Marjorie wrote an article published last week on Truthout about U.S. violations of the UN Charter. Her article about the petition to be filed in the Inter-American Commission will be published tomorrow on Scheer Post.
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Lisa Cook is ‘Low Hanging Fruit—While Jerome Powell Is a Bridge Too Far
Sharon Kyle is the publisher of the L.A. Progressive. She has written a couple of fine articles about racism in American life in that publication. One of them, written at the end of August, is titled, Lisa Cook is ‘Low Hanging Fruit—While Jerome Powell Is a Bridge Too Far. She maintains that when political commentators, and the corporate media, describe Cook as “low hanging fruit” they expose the racism in American life and politics.
So, we’ve invited Sharon Kyle to be our guest today to explain her claim of racism in connection with Trump’s efforts to get rid of Cook on the vitally important Federal Reserve Board, and replace her with someone who would do his bidding.
Guest – Sharon Kyle is not only the publisher of the L.A. Progressive, a must read, online daily newsletter for all serious political thinkers and activists in and around L.A. She is also the former president of the Peoples College of Law, a former member of the Board of Directors of the ACLU of Southern California, and is on the editorial board of the BlackCommentator.com.
Remembering Assata Shakur (1947-2025)
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