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 November 1, 2021

Moving The Bar: My Life As A Radical Lawyer

Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.

Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.

– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law

Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.

– Attorney Bill Goodman

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Law and Disorder July 12, 2021

Public Intellectual: The Life of a Citizen Pilgrim by Professor Richard Falk

If we are ever to have a world not threatened by catastrophic climate change and devastating nuclear war we will need a world governed by respect for the rule of law, democracy, and the democratic right of peoples to self- determination. After the World War II, the United Nations was established in 1945 in an effort to prevent future wars. In this it has failed. The United States of America has been at war almost every year since its beginning and almost every year since the 50’s starting with Korea, then Vietnam, then Afghanistan, Iraq, Syria, and Libya.

Today the United States has 800 bases abroad in 80 countries. It spends $753 billion a year on the military, which is 53 cents out of every tax dollar.

Michael Ratner, a founder of Law And Disorder Radio and who practiced human rights law internationally, used to say that you cannot have imperialism abroad and democracy at home. He said it was a truth established by the decline of both the Greek and Roman empires thousands of years ago.

Guest – International Law Professor Richard Falk who is still teaching and going strong at age 90. He has recently had published his magnificent memoir titled Public Intellectual: The Life of a Citizen Pilgrim. Professor Falk is a leading international law professor, prominent activist, public author, and a pioneer thinker dedicated to peace and justice. He taught at Princeton University for 40 years and was active in seeking an end to the Vietnam war, a better understanding of Iran, a just solution for Israel/Palestine, and improved democracy everywhere. He also served as the UN Special Rapporteur for Occupied Palestine. He has written 50 books. Since 2009 he has been nominated annually for the Nobel Peace Prize.

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In Defense of Whistleblowers: Attorney Sarah Alexander

James Glenn was working for NetDesign, a Cisco Systems reseller in Denmark when he came across a vulnerability in software made for a line of Cisco’s video surveillance cameras. The flaw made it easy for would-be hackers to access the systems running the devices and to penetrate the systems on a deeper level after gaining entry. Glenn made the discovery after taking part in his company’s “own medicine” initiative, where staffers test equipment and software for security holes. In 2008 he reported the issue to his employer and to Cisco, assuming that he’d be praised for finding the problem. Instead, he was fired.

Cisco Systems is one of the world’s leading information technology and networking companies. With a market cap of close to $195 billion, Cisco dominates the networking and communications devices industry. Glenn notes that he learned the cameras and software were still being used by the Los Angeles International Airport, and in 2010 he spoke with law enforcement personnel about his concerns regarding LAX. According to court filings cited by Glenn’s attorneys, Cisco failed to fix the vulnerability until an updated version of the software was released in 2012. It then took the company 3 more years to release a security advisory to companies using the previous, flawed version of the software.

Stories like this are all too common. Whistleblowers frequently lose their jobs and suffer significant personal hardships as a result of coming forward on behalf of the public’s interest.

Guest – Attorney Sarah Poppy Alexander of the law firm Constantine, Cannon. Poppy represents whistleblowers and government entities in so called “qui tam” lawsuits in both federal and state court, as well as under the IRS and Securities and Exchange Commission’s whistleblower programs. Poppy has been selected to the Northern California Super Lawyers Rising Stars list every year since 2016. Before joining Constantine Cannon, Poppy was an associate attorney at Rosen, Bien, Galvan & Grunfeld LLP, where she worked to ensure prisoners received appropriate medical and mental health care and adequate accommodations for disabilities in jails and prisons. Poppy graduated from Harvard Law School and holds an M.A. in Political Theory from the University of California, Berkeley, and a B.A. from Yale College.

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Law and Disorder May 31, 2021

Palestine Legal Director Speaks On Recent Israel-Palestine Conflict

Zionism, the idea of creating a Jewish homeland in Palestine, was and is a settler colonial project that started 100 years ago. But Zionism had a problem. It’s illustrated by the story of an early Zionist Congress in Vienna sending three rabbis to Palestine to report on what they saw. The rabbis went and reported back that “the bride is beautiful but she’s married to another man.” Palestine was densely populated and had been for thousands of years. It was not, as Zionist propaganda would have it, a land without a people for a people without a land.

The Zionist goal then and now was to get rid of the Arabs. In this they have almost succeeded. But not quite.

The recent 11 day horrific slaughter of Palestinians in Gaza, approved in advance by the Biden administration and conducted by Israel with American supplied weapons started when Israel Prime Minister Benjamin Netanyahu in an effort to consolidate right wing support evicted Palestinians from their homes in a Palestinian neighborhood in Jerusalem. The Prime Minister also had his military invade and shoot up the Al-Asqua mosque in Jerusalem while 300 Palestinians were there praying on the last day of Ramadan. In response on May 18th the Palestinians staged a general strike in Israel proper, the West Bank, and Gaza. This was the first time a general strike had been conducted by the Palestinians against their Zionist and British oppressors since 1936 which which was broken by the British and the Zionists.

The Zionist apparatus in the United States is extremely strong. Through lawsuits and political pressure they have carved out what Michael Ratner called  – the Palestine exception to the First Amendment. Telling the Palestine story is quite difficult. To counter this Michael Ratner set up the organization Palestine Legal in Chicago. It is headed by Palestinian American attorney Dima Khalidi. Before the cease-fire, 1700 people in Gaza were injured and 210 killed, including 65 children.

Guest – Dima Khalidi, founder and Director of Palestine Legal. Her work includes providing legal advice to activists, engaging in advocacy to protect their rights to speak out for Palestinian rights, and educating activists and the public about the repression of Palestine advocates. She most recently has an article published online in Truthout.

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The Dallas 6: Andre Jacobs

In 2014 and 2016,  Law and Disorder covered the case of the Dallas 6. They’re a group of prisoners who in 2010 protested the ongoing abuse from prison guards while locked in solitary confinement at the SCI Dallas prison in Pennsylvania. Abuse there included tasering genitals, being hog tied, cutting off of clothes and leaving the men in cages for hours at a time.

They witnessed another prisoner, Isaac Sanchez, being strapped into a restraint chair for hours even overnight. When guards threatened to do the same to them, the men tried to cover their cell doors with their bedding and refused to leave their cell in an effort to protect themselves and gain the attention of authorities. Prison guards stormed the six cells, armed with batons and electrified equipment. They left the men beaten, bloody, naked, eyes burning, their flesh scorched with pepper spray.

The Dallas 6 are Andre Jacobs, Anthony Kelly, Anthony Locke, Dwayne Peters, Derek Stanley, and Carrington Keys. The six men were forced to remain in the Restrictive Housing Unit, or solitary confinement for up to ten years.

Guest – Andre Jacobs, Andre served more than two decades in prison, was the victim of prolonged and tortuous prison guard abuse, became a successful jailhouse lawyer, and has been released from prison. He started the business Supreme Network Global to help and guide young men and women who have been in similar circumstances.

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Law and Disorder May 24, 2021

  • Commentary: Jim Lafferty On Israeli – Palestinian Conflict

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Steven Donziger Trial: Continuing Coverage Part 2

After five days in court and 650 days on house arrest, environmental lawyer Steven Donziger chose not to take the stand and testify in his own defense. As listeners will recall, Steven was on trial for criminal contempt of court charges. In August 2019, he refused to turn over his computer, cellphone and other electronic devices and he has been detained pretrial for a misdemeanor offense. If convicted, he faces six months in prison.

The attorney who won a multi-billion-dollar settlement against Chevron oil for polluting an area Ecuador the size of Rhode Island and causing the indigenous people thousands of injuries and deaths by cancer and other illnesses, told The Intercept about the decision: “My lawyers said you’d be crazy to testify, so we decided to cut the case short. No need to continue to legitimize what’s essentially a charade.”

Judge Loretta Preska denied Steven a trial by jury, and many contend that a jury of his own peers might have acquitted the human rights defender of all six counts. Attorney and Harvard Law School professor Charles Nesson agrees. “This is a story of the denial of jury trial,” Nesson said. “He’s been effectively convicted and disbarred and more or less bankrupted without any jury. And now he’s about to be convicted. And all of this without a jury.”

DonzigerDefense.com

ChevronToxico.com 

ChevronInEcuador.com

Guest – Attorney Martin Garbusone of three pro bono lawyers representing Donziger in an attempt to get his law license restored. Garbus has a long and distinguished career as a civil rights and first amendment litigator. Attorney Martin Garbus has represented Nelson Mandela, Daniel Ellsberg, and Cesar Chavez and worked in Rwanda, China, and the Soviet Union, among other countries.

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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 February 22, 2021

Chris Hedges: Donald Trump Acquittal, Going Forward

Before going to prison Trump’s attorney and fixer Michael Cohen testified to Congress that Trump would never leave office peaceably. He sure didn’t. He instigated an insurrection on January 6th. His premeditated coup almost succeeded.

His plan appears to be that he would get his followers to prevent the ballot certification of Biden as president and cause enough mayhem to declare martial law. The marauders he sent to the White House hunted for Nancy Pelosi and Mike Pence. They roamed the Capitol chanting “Hang Mike Pence. Hang Mike Pence.” A sturdy gallows was constructed near the Capitol for that purpose.

Reportedly Trump took delight in all of this as it was going on and refused to call off the Capitol sackers or bring in the National Guard. The horrors of that day were dramatically presented by the House trial managers. Comprehensive videos were shown to a national audience. A totally convincing presentation was made. Any right thinking person watching would necessarily conclude that Trump was responsible for what happened. Trump’s defenses were demolished.

It was explained that Constitution allows for illegal and prior cases had established that Trump could be tried even after leaving office. The argument that he had free speech rights was effectively countered. Nevertheless he was not found guilty although seven Republicans refused to go along with their party’s defense of the indefensible. A number of Republican Senators, who were supposed to sit as impartial jury, met with Trumps defense lawyers. Twelve others did not even attend the last day of trial.

After the vote Mitch McConnell, voted to acquit on the spurious grounds that Trump could not be tried since he was no longer in office. He spoke of the possibility of Trump being tried for his crimes. The Republican lead acquittal of Donald Trump will be appreciated as a turning point in American history.  The vote to acquit him will be understood as a moment that democracy and the rule of law were trashed allowing the former president to retain his control over a transformed Republican Party which has become an instrument of demagoguery and white supremacy.

Guest – Chris Hedges, a Pulitzer prize winning journalist and considered by many on the left to be an American moral philosopher. He was forced out of his job at the New York Times for opposing the war in Iraq. Hedges is the author of many books including “American Facists: The Christian Right‘s War on America.“ He is the host of the RT show “On Contact”. His latest book is “America: the Farewell Tour.” He writes a weekly column for “Scheerpost” the latest is titled “Cancel Culture: Where Liberalism Goes to Die.

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ICC Investigation Into War Crimes Proceeds

In 2015, the State of Palestine became a member of the International Criminal Court and granted the Court jurisdiction over crimes committed on the territory of Palestine, including East Jerusalem, since June 13, 2014. The Prosecutor of the ICC opened a preliminary examination into crimes committed in Palestine on January 16, 2015, and the State of Palestine referred the case for investigation in May 2018. During the preliminary examination, Palestinian human rights organizations and victims made submissions describing war crimes and crimes against humanity committed by Israeli officials, including in relation to the 2014 military offensive on Gaza.

In December 2019, the Prosecutor found a reasonable basis to proceed with an investigation into war crimes and crimes against humanity committed on the territory of Palestine – the Gaza Strip and West Bank, including East Jerusalem. victims were invited to submit observations on the Prosecutor’s requests and Center for Constitutional Rights attorney Katherine Gallagher submitted on behalf of twenty Palestinian victims of persecution from all parts of Palestine and the diaspora. A year ago April, CCR joined more than 180 Palestinian, regional, and international human rights organizations in signing an open letter to the ICC prosecutor in support of opening the investigation.

Guest – Attorney Katherine Gallagher, senior attorney at the Center for Constitutional Rights, has appeared before the ICC in the Hague in Holland. She represented two men indefinitely detained in the US offshore prison camp in Guantanamo Bay, Cuba. Katie works on universal jurisdiction ad international criminal law cases involving US and foreign officials and torture and other war crimes.

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