Law and Disorder September 16, 2024

Understanding Capitalism

The great German playwright, and political figure, Berthold Brecht, observed that to understand fascism you have to understand capitalism, from whence it springs. Today, it is also helpful for us to understand that the rise of fascism in Germany 100 years ago, has parallels we can see now with the rise of fascism in the United States.

Prior to World War I, which began in 1914, the German working class and middle class were relatively prosperous. The German unions were strong and influential. Prior to World War I, Germany also had the largest and strongest socialist party in the world, and it was the second largest political party in the German Parliament. The German economy was booming. And German culture was the jewel of Europe.

This all came to a crashing end in 1917, when Germany was defeated in what was an inter-imperial war against the United States, France, Great Britain and Russia. The consequences of that defeat brought us fascism and World War II, 20 years later. In the 1920’s, inflation wiped out the savings of the German people. When the depression hit in 1929, the German working class was desperate. The ground was fertile for the rise of Adolf Hitler, a ruthless, cunning and violent demagogue.

Here in the United States, our economy boomed for 100 years, from the end of the Civil War until the 1970s. But since then, American workers have not made any progress. Their wages, in real terms, have not risen in 50 years! “Neo- liberalism”, which is just another word for aggressive capitalism, has wiped out 30 million industrial jobs in the US, starting in the 1980s. Women were driven back into the workforce. People had to work two jobs just to keep up.

In Germany, it was the Jews who were blamed. Here in the US, it is immigrants and people of color who are scapegoated. The demagogue Trump, like Hitler before him, is a captivating speaker and a very effective cult leader, who is now poised to take the power of the government and turn it against “we the people.”

Guest – Richard Wolff is Professor Emeritus from the University of Massachusetts, and the author of the forthcoming book, “Understanding Capitalism”. According to New York Times, Richard Wolff is, probably America’s most prominent Marxist economist.  He is the founder of Democracy at Work and host of their national syndicated show Economic Update. Professor Wolff has authorized numerous books on capitalism and socialism, including most recently “The Sickness is the System: When Capitalism Fails to Save Us From Pandemics or Itself“, “Understanding Socialism“; and “Understanding Marxism”, which can be found at democracyatwork.info.

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Institute for the Critical Study of Zionism

Instead of the socialist ideal of universal human emancipation, that many European Jews supported, Zionist Israel is the outcome of a very different political ideology…an ideology that a relatively small number of middle and upper class European Jews advanced unsuccessfully until after World War II.

The founders of Zionism promoted it as a Jewish solution to the “Jewish problem.” Communists and socialists rejected this self-segregating reliance on Western colonial powers. And the current increasingly pariah status of Israel and its imperial backer, the United States, has proven the fallacy of the Zionist solution.

Israel is the product of a colonial settler ideology that has its roots in the racist and imperialist practices of the European powers of the 19th century. Theodor Herzl, the founder of Zionism, an Austrian /Hungarian journalist, was a great admirer of Cecil Rhodes, the British imperial figure who founded the mineral settler colony of Rhodesia in what became apartheid South Africa.

From its inception, the goal of the Zionists was to overwhelm and displace the indigenous native Arabs in Palestine. As a result, despite its own self-promotion, Israel is not the moral legatee of the victims of the holocaust, much less of the prophets of the Hebrew people who propounded the 10 Commandments.

The horrific slaughter since last October 7th of the Palestinians in Gaza, has been live streamed for people all over the world to see.

Guest – Emmaia Gelman is a professor at Sarah Lawrence College in New York and the founder of the Institute for the Critical Study of Zionism. Her book on the powerful Zionist organization the Anti-Defamation League is about to be published by the University of California press.

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Law and Disorder August 19, 2024

Separation of Powers And Project 2025

The US Constitution created the three branches of the federal government to serve as a check on one another. In particular, the judiciary was intended to ensure that the actions of the Executive and Legislative branches did not violate the Constitution.

But what happens when the Supreme Court is in the grip of a highly partisan, result-oriented super-majority half of whom were appointed by a President who has been convicted of 34 felonies and faces 57 more felony charges in three different criminal prosecutions, but claims absolute immunity for whatever he did while in office?

And on top of all that, this ex-President – Donald Trump – is a nominee for President of the United States and has promised to “terminate” the Constitution.

Meanwhile, in an almost 1000 page blueprint for the next conservative President titled Project 2025, a group of conservative organizations spearheaded by the Heritage Foundation, has laid out a detailed plan under which the President would acquire almost dictatorial power over the entire federal government.

Guest – Marjorie Cohn is professor of law emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She is also Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. She writes frequent articles about the Supreme Court for Truthout.

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Larry Hebert’s Hunger Strike Against US Weapons To Israel

Israel’s deadly and unrelenting assault on Gaza following Hamas’ October 7 attack on Israel has had repercussions around the world. In Gaza itself the death toll is approaching 40,000 and the humanitarian crisis worsens every day. In the United States, as students are headed back to campus, colleges and universities are bracing for a new round of protests and counter protests. Israel’s war in Gaza is dividing the Democratic Party just as Kamala Harris and Tim Walz are seeking to unite their party to stop Donald Trump from returning to the White House. Recent surveys show that 48% of Americans oppose Israel’s military action in Gaza, while 42% support it.

Guest – Larry Hebert [pronounced eh-BEAR], a very unlikely candidate to become an outspoken protestor against US military support for Israel, who would gain nationwide and international attention. Larry Hebert is a 26-year old U.S. Air Force Senior Airman and avionics technician assigned to Naval Station Rota in Spain, having served for 6 years in the military. At 10:00 am on Easter Sunday, March 31, 2024 on Pennsylvania Avenue in front of the White House, Hebert began a hunger strike during an authorized leave from his post. Shortly before his hunger strike, he joined Veterans for Peace, an organization that opposes U.S. military actions.

The organization argues that U.S. weapons shipments to Israel is a violation of U.S. law. In a press release issued by Veterans for Peace, the purpose of Hebert’s hunger strike was described as highlighting “the plight of the starving children of Gaza.” Hebert wore a sign that read, “Active duty airman refuses to eat while Gaza starves,” with a photograph of an emaciated Palestinian infant. Hebert said he was inspired by the self-immolation of 25-year old serviceman Aaron Bushnell, who died on February 25, 2024 outside the Israeli embassy in Washington. Before he died, Bushnell declared he would “no longer be complicit in genocide” in Gaza. Hebert’s hunger strike lasted 9 days but ended abruptly on April 9, when he was ordered to report immediately to Andrews Air Force Base for a return flight to his post in Spain. Hebert is pursuing a release from active duty as a Conscientious Objector.

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Law and Disorder August 12, 2024

 

Healing Divisions Within Jewish Communities Over Israeli War And Destruction

Ever since October 7, the American Jewish community has been deeply divided over how to react to the brutality of what Hamas did that day, the fate of the hostages, Israel’s overwhelming military assault in Gaza, the ensuing humanitarian crisis, the unspeakable death toll suffered by the Palestinians, and the deadly clashes in the West Bank. All of this has spilled over to college campuses across the United States, where pro-Palestinian protestors, including Jews, have been arrested and at UCLA, were attacked by pro-Israel counterprotesters. Many Jews, including family members, can’t talk to each other about any of this. Some observers see a rise in antisemitism, while others complain that political criticism of Israel and its prime minister Benjamin Netanyahu is being conflated with antisemitism, in an effort to silence pro-Palestinian voices.

Guest – Rabbi Sharon Brous is the founding and senior rabbi of IKAR, a leading edge Jewish community based in Los Angeles. She has been named #1 Most Influential Rabbi in the U.S. by Newsweek and The Daily Beast. Rabbi Brous blessed both President Obama and President Biden at their National Inaugural Prayer Services in 2013 and 2021. Her popular 2016 TED Talk is called “Reclaiming Religion.” Her work has been featured in the New York Times, Los Angeles Times and Washington Post. She was featured on the cover of Time magazine, in an issue that examined religious diversity in America.

Rabbi Brous is the author of the national bestselling book The Amen Effect: Ancient Wisdom to Mend our Broken Hearts and World, which we’ll be talking about later in the program. I have know Sharon for almost two decades and I consider her one of the most compassionate people I know with wisdom far beyond her young life.

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Money And Class In America – Remembering Lewis Lapham

On July 23, 2024, Lewis Henry Lapham II passed away in Rome, Italy. A nationally respected journalist and author, of 14 books, Mr. Lapham was also the longtime editor in chief of Harper’s, and then founder and editor of Lapham’s Quarterly, Mr. Lapham offered a critical eye toward US domestic and foreign policies. On January 14, 2019, Michael Smith and I, Heidi Boghosian, interviewed the literary giant after his 1988 book, “Money and Class in America” was republished by OR books. His documentary film, “The American Ruling Class” has become part of the curricula in many of the nation’s schools and colleges. In tribute to Lewis Lapham and his legacy, we’re pleased to rebroadcast a shortened version of our one-hour interview.

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We are especially pleased and honored to spend the hour with our guest Lewis Lapham. After graduating from Yale in 1956 he started out working as a newspaper reporter in San Francisco and then in New York, where he currently lives and works. The editor of Harper’s Magazine for 20 years, Lapham has written 14 books. Currently, he edits “Lapham’s Quarterly.”

Lapham founded the quarterly magazine in an effort to further the consideration of history, which he calls “the advice and counsel of the past.” He sees history as “a guide to understanding and acting on the issues and ideas before us today.”

Major pillars of the rule of law have been defiled since 911. The edifice still stands, the promises remain, but as a nation, we have suffered huge losses. Last spring Lapham’s Quarterly addressed the topic, “The Rule of Law.” His 1988 book “Money and Class In America” was re-published by OR Books last year with a new introduction by Lapham and a forward by Thomas Frank. We speak with him in our studio today about the contradiction between the rule of the monied rich and the rule of law.

Guest – Lewis Lapham is editor and founder of Lapham’s Quarterlysince 2007 and editor of Harper’s Magazinefrom 1975 to 2006, Lewis H. Lapham is a member of the American Society of Magazine Editors Hall of Fame. He is the author of fourteen books, among them Money and Class in America, The Wish for Kings,Waiting for the Barbarians, Theater of War, and Age of Folly. He produced a weekly podcast,The World in Time, for Bloomberg News from 2011 through 2013. His documentary filmThe American Ruling Class has become part of the curriculum in many of the nation’s schools and colleges. A member of the Council on Foreign Relations in New York, Lapham has lectured at Yale, Princeton, Dartmouth, Stanford, the University of Michigan, and the University of Minnesota.

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Law and Disorder July 29, 2024

Ralph Nader On Continuing War In Gaza

The American supported Israeli war against the 2.3 million Palestinians living in Gaza continues on since last October. The area, the size of Philadelphia, has been partially obliterated by American fighter planes, bombs, tanks, artillery shells, and bullets.

The number of dead Palestinians is at least 186,000 according to a recent article in the prestigious British medical journal The Lancet.

Israeli Prime Minister Benjamin Netanyahu recently left Washington DC where he came to solidify support in our Congress. It was his fourth visit. Biden’s support for the genocide has been vigorously challenged by Kamala Harris, his choice to replace him. Her election is doubtful. Donald Trump has vowed to “finish the job.”

Guest – Ralph Nader, in a recent article wrote that the number the number of dead is higher than the 39 thousand figure set by Israel, America, and Hamas. Ralph Nader is an attorney, a significant figure in American politics, and a four-time presidential candidate in parties independent to the Republicans and Democrats. Ralph Nader one of the nation’s most effective and well-known social critics. He has raised public awareness and increased government and corporate accountability. As a young lawyer in 1965 he made headlines with his book Unsafe at Any Speed, leading to congressional hearings and passage of a series of life-saving auto safety laws in 1966. His example has inspired a generation of consumer advocates, citizen activists and public interest attorneys. Full biography.

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Humanitarian Emergency In Gaza

As of June 19, 2024, 37,396 people had been killed in Gaza according to the Gaza Health Ministry, as reported by the UN Office for the Coordination of Humanitarian Affairs. According to a report in Lancet, that number is likely an underestimate. Furthermore, the UN estimates that, by Feb 29, 2024, 35% of buildings in Gaza had been destroyed, so the number of bodies still buried in the rubble is likely substantial, with estimates of more than 10,000.

Even if the conflict ends immediately, there will continue to be many indirect deaths in the coming months and years from causes such as reproductive, communicable, and non-communicable diseases. The total death toll is expected to be large given the intensity of this conflict; destroyed health-care infrastructure; severe shortages of food, water, and shelter; the population’s inability to flee to safe places; and the loss of funding to UNRWA, one of the very few humanitarian organizations still active in Gaza. Experts believe it is not implausible to estimate that up to 186,000 or even more deaths could be attributable to the current conflict in Gaza.

Human rights groups believe an immediate and urgent ceasefire in Gaza is essential, accompanied by measures to enable the distribution of medical supplies, food, clean water, and other resources for basic human needs.

Guest – Professor David Myers is Distinguished Professor of History at UCLA and holds the Sady and Ludwig Kahn Chair in Jewish History. He serves as the director of the UCLA Luskin Center for History and Policy and he also directs the UCLA Initiative to Study Hate. He is the author or editor of many books in the field of Jewish history, including, with Nomi Stolzenberg, American Shtetl: The Making of Kiryas Joel, a Hasidic Village in Upstate New York published by Princeton University Press in 2022. It was awarded the 2022 National Jewish Book Award in American Jewish studies. From 2018-2023, he served as president of the New Israel Fund.

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Law and Disorder July 22, 2024

 

Religious Nationalism and Separation of Church and State

The separation between church and state is a key component of our democracy, ensuring that freedom of belief is a right for all, not a privilege for some. The First Amendment’s establishment clause, “Congress shall make no law respecting an establishment of religion,” has been understood to prohibit the government from establishing an official religion or favoring one religion over others. This interpretation aims to ensure that the government remains neutral in religious matters and does not interfere with or support religious activities, thus maintaining a clear separation between religious institutions and government functions. Despite this, recent rulings by the right-leaning Supreme Court blur the lines between church and state and threaten to undermine this doctrine.

The rise of white Christian nationalism contributes to the degradation of the principle of separation of church and state. This movement reflects broader cultural and demographic trends and exerts significant influence on policy, public discourse, and grassroots movements. Addressing this issue involves understanding the underlying causes and promoting policies that uphold the constitutional commitment to religious neutrality and freedom.

Guest – Attorney Andrew Seidel, is the Vice President for Communications at Americans United for Separation of Church and State, an organization that challenges threats to the First Amendment. He is also the author of two acclaimed books: The Founding Myth: Why Christian Nationalism Is Un-American and American Crusade: How the Supreme Court is weaponizing Religious Freedom.

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Bend The Arc: Jewish Action

Hamas’ brutal attack on Israel on October 7 and Israel’s deadly and sustained military assault on Gaza have had significant consequences in the United States affecting the presidential election and triggering protests and counter-protests at hundreds of college campuses across the country.

It has also presented a serious test for progressive Jews and progressive Jewish organizations in the United States. One of those organizations is Bend the Arc which describes itself as “building a multiracial, multi-ethnic, inter-generational movement of Jews and allies all across the country who are rising up to build an American future free from white supremacy, antisemitism, and racism.” The Bend the Arc family of organizations includes a C3, C4 and a PAC, and in the past, I served as national chair of Bend the Arc’s C3 board and am currently active in its work in the California Chapter.

Until now, Bend the Arc had a strong boundary around working only on domestic economic and racial justice issues.  But that all changed on June 4. On that day, Jamie Beran, CEO of Bend the Arc , sent a letter to President Biden. The letter welcomed Biden’s support for a permanent ceasefire plan in Gaza, but quickly added that, “Time and time again, despite your calls to end this violence, you have not followed through with material action. With over one million Palestinian refugees now being forced to flee Rafah, their last guaranteed refuge, thousands of lives lost, and families of captives being fined in Israel for demanding a ceasefire, it is long past time to end U.S. support for these attacks. Now is the moment to make good on your promise to stop providing offensive weapons to the Israeli military.”

Guest – Jamie Beran, is a leader in the Jewish social justice space. Jamie has built justice organizations that embody their values inside and out. She has held many roles at Bend the Arc in her 15-year tenure, including 9 years of executive leadership, most recently as Chief Operating Officer prior to becoming CEO. Prior to joining Bend the Arc, Jamie was the Leadership Development Director for Habonim Dror North America. Jamie holds a BA from Goucher College and is an alumna of UJA Federation’s and Columbia Business School’s Institute for Jewish Executive Leadership. Jamie lives in Central New Jersey with her husband and two children.

 

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Law and Disorder July 15, 2024

Trump v United States

On July 1, the United States Supreme Court handed down one of the most important decisions in the history of our democracy. In the aptly named case of Trump verses United States, the six arch conservative justices awarded the ex-president – who appointed three of them – a vast and complex criminal immunity scheme.

In three ways the majority delivered Trump a tailor made “Stay-Out-of-Jail” trifecta of expanded constitutional protections for Presidents: First, absolute immunity for crimes committed when a President engages in “core” official acts and a near-conclusive presumption of immunity for other official acts; Second, a brand new rule of criminal procedure making a President’s motives irrelevant; and Third, another new rule excluding evidence of a President’s official acts from a criminal trial for his unofficial acts, which prosecutors offer to prove the ex-president’s prior knowledge and intent.

To help us understand exactly what the Court did and its impact not only on the 91 felony charges currently pending against Trump, but the future of the American presidency and our very democracy, we’ve ask one of our very own co-hosts.

Guest – Stephen Rohde practiced constitutional law for almost 50 years. He’s the author of American Words of Freedom, which examines the Declaration of Independence, the Constitution, and the Bill of Rights. On issues of civil rights, civil liberties and the Americal political system, he is a regular contributor to Truthdig, LA Progressive, Los Angeles Review of Books, and LA Lawyer magazine. This Fall on Ms. Media, he is launching Speaking Freely: A First Amendment Podcast with Stephen Rohde.

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The Palestinian Exception To The First Amendment

The resistance organization Palestine Legal, headquartered in Chicago, was created by our own Michael Ratner and others to resist our governments’ practice of what Michael called “the Palestinian exception to the first amendment.“

This exception to the supposedly protected First Amendment activity of speaking out and organizing by Palestinian solidarity activists is carried out by the repression of the US government nationally and locally. It has never been more ferocious than it is now.

However, the mobilization against the Israeli genocide – carried out with total US support – has not been undeterred by peak anti-Palestinian repression. Palestine Legal has been in the vanguard in defending and promoting the rights of people expressing solidarity with the Palestinians in Gaza.

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. Prior to founding Palestine Legal in 2012, Dima worked with the Center for Constitutional Rights as a cooperating attorney on the Mamilla Cemetery Campaign, submitting a Petition to United Nations officials to stop the desecration of an ancient Muslim cemetery in Jerusalem, and advocating on behalf of Palestinian descendants of individuals interred in the cemetery.

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