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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Law and Disorder July 1, 2024

 

Freedom For Julian Assange!

After serving 1901 days in solitary confinement in a tiny cell in the infamous Belmarsh prison in London, journalist and publisher Julian Assange is free at last.

Julian gained his freedom pursuit to a plea bargain with the government of the United States which had sought to extradite him and try him under the 1917 Espionage Act. He faced a certain conviction in a hostile Virginia court and 175 years in prison on 17 counts of conspiracy to commit espionage for receiving and publishing information damaging to the United States government.

Julian Assange was forced to plead guilty to one count of espionage in return for the time he has served in prison. Prior to that he was confined for seven years in the Ecuadorian Embassy in London, where he had sought and received political asylum.

The alleged crime he was accused of committing was the receipt and publication in 2010 of the so-called Iraq and Afghanistan war logs which document American government guilt in torture and murder including the 11 civilians and two Reuters journalists.

Julian Assange was sentenced to time served by an American federal court judge on an island in the Pacific Ocean 2000 miles from Australia. Julian Assange will now be living as a free man in Australia with his wife and two children.

Until Julian Assange Is Pardoned Press Freedom Remains At Risk – article by co-host attorney Stephen Rohde

Guest – Randy Credico, a steadfast supporter of Julian Assange. Mr. Credico. hosted the program “ Countdown to Freedom” in support of Julian for many years. He had visited him in Belmarsh prison.

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War Crimes, Dictators and the ICC

The International Criminal Court (ICC) along with the International Court of Justice (ICJ) were set up in 1998 in order to help prevent wars and crimes against humanity with the profound understanding that without a system of international law. a future World War III might eliminate humanity.

The United States of America, under Bill Clinton, was one of seven countries that voted against the Rome statute which set up the International Criminal Court. Clinton did eventually sign the statute but George Bush “unsigned“ it and the United States has had a testy relationship with the court. Indeed under Trump, the US imposed sanctions on the court and its prosecutor.

Last month Imran Khan, the chief prosecutor of the International Criminal Court, issued arrest warrants for Israel Prime Minister Benjamin Netanyahu and Yoav Galant, the Israeli Minister of Defense for war crimes and crimes against humanity. The ICC also issued arrest warrants for three top leaders of Hamas.

Guest – Attorney Reed Brody, was a friend, colleague, and mentee of our late cohost Michael Ratner. Reed Brody is the author of the recently published book To Catch a Dictator: The Pursuit and Trial of Hissene Habre. He has worked for many years with Human Rights Watch. Reed Brody has helped pursue the dictators Augusto Pinochet of Chile and Jean-Claude “ Baby Doc” Duvalier of Haiti. He has uncovered atrocities by US backed Contras in Nicaragua, led United Nations missions in El Salvador and the Congo, and exposed Bush administration torture.

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Law and Disorder June 24, 2024

A Brief History of Kill Lists, From Langley to Lavender

Two artificial intelligence systems are being used by Israel and the United States to compile kill lists of Palestinians in Gaza. They are called Lavender and Where’s Daddy. This has led to the indiscriminate slaughter of whole families and has killed mostly women and children. The CIA and the US military have always tried to use the latest data processing technology to identify and kill their enemies. The history of American government assassinations goes back to collaborating with ex-Nazi intelligent officers after World War II.

Guest – Medea Benjamin, is co-founder of the international antiwar organization CODEPINK. She is the author of several books, including, with Nicholas J.S. Davies, War in Ukraine: Making Sense of a Senseless Conflict. She has been an advocate for social justice for more than 40 years. Described as “one of America’s most committed — and most effective — fighters for human rights” by New York Newsday, and “one of the high profile leaders of the peace movement” by the Los Angeles Times, she was one of 1,000 exemplary women from 140 countries nominated to receive the Nobel Peace Prize on behalf of the millions of women who do the essential work of peace worldwide.

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A Trend In Abolishing Capital Punishment

A growing number of states have abolished capital punishment in recent years. However, the death penalty remains on the books in 27 states, although the number of executions in American is at an all-time low. It is well documented that the death penalty is riddled with fatal flaws. Literally, the flaws are denying defendants a fair trial and are killing innocent people. An average of 4 wrongly convicted death-row prisoners have been exonerated each year since 1973.

According to recent research, jurors are three times more likely to recommend a death sentence for a black defendant than for a white defendant in a similar case. The death penalty does not serve as a deterrent. A study by the Death Penalty Information Center found that the South has consistently had by far the highest murder rate, yet the South accounts for more than 80% of all executions. The Northeast, which has fewer than 0.5% of all executions, has consistently had the lowest murder rate.

Guest – Mike Farrell is the President of Death Penalty Focus, an organization on whose Board I’ve served for many years. Known to millions as “B.J. Hunnicutt” on television’s historic show “M*A*S*H,” he is also a writer, director and producer. A human rights activist for over 35 years, Mike has taken part in scores of aid missions and human rights delegations to countries all over the world. Mike has visited prisons and been personally involved in numerous death penalty cases across the U.S. for over three decades.

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Law and Disorder June 3, 2024

Counter Protest Tactics Attempt To Plague University Anti-Genocide Encampments

As the Israel-Gaza War rages on, protests have spread throughout American campuses as students oppose Israeli’s military onslaught and the tragic humanitarian crisis in Gaza. Student have demanded a ceasefire, an end to US military support for Israel and that universities divest from Israel. In response, University officials have suspended and expelled students, banned pro-Palestinian student groups, called in the police and sent mixed messages on students’ right to free speech. At UCLA, a group of counterprotesters launched a violent attack on pro-Palestinian protesters.

Guest – Salam Al-Marayati, president and co-founder of the Muslim Public Affairs Council, where he oversees MPAC’s groundbreaking civic engagement, public policy, and advocacy work. Salam Al-Marayati is an expert on Islam in the West, Muslim reform movements, human rights, democracy, national security, and Middle East politics. He has spoken at the White House and on Capitol Hill and has represented the U.S. at international human rights and religious freedom conferences. He is very active in interfaith dialogue, which is where I first met him in the wake of 9/11 in my capacity as a leader of Interfaith Communities United for Justice and Peace.

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NYU Encampment and Arrests

In early May, New York Police Department officers demolished pro-Palestinian encampments, and arrested 56 student protesters, at New York University and the New School. Officials at both universities enlisted the police their assistance in tearing down the tents.

The NYU encampment was at the John A. Paulson Center on Bleecker Street. Professors there released a statement condemning the decision to call in the municipal police, calling it “another shameful moment in NYU history” that had put students at risk. NYU’s Palestine Solidarity Coalition posted on social media: “We have seen seven months of targeting pro-Palestinian speech on this campus, and thus cannot agree with the admin’s claims of acting in good faith.”

Supporting student protesters at several NYC campuses has been Mumia Abu-Jamal, who has called in to address them from Mahanoy state prison in Pennsylvania. Mumia has told students that they are on the right side of history by electing “not to be silent and to speak out.”

Guest –  Xavier Fitzsimmons-Cruz,  Xavier recently earned his master’s degree at NYU; this fall he will begin working toward his PhD in history at the City University of New York.

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Law and Disorder May 20, 2024

The More Effective Of Two Evils

The extensive growing repression and censorship in our country is manifest daily. Already some 3000 students have been arrested and many of their encampments on college campuses have been violently closed down. The leading newspaper, the New York Times, has instructed reporters not to use the words “genocide” or “ethnic cleansing.” Journalist Chris Hedges has been removed from The Real News Network for interviewing, Dennis Kucinich, the independent candidate for Congress in Ohio and for not supporting the presidential candidacy of Joe Biden.

The necessity for independent political action, independent of both the Republican and the Democratic parties, is the lesson many social activists are drawing. The journalist, Glen Ford, of the Black Agenda Report , coined the phrase “the more effective of two evils” in describing the Democratic Party.

The Democrats are trying to beat people into their camp by haranguing about how horrible Trump is. That’s true. But look at how effective Biden has been in supporting the Israeli genocide. It has only been the independent action of the courageous students that may succeed in tempering the onslaught. It has already had some effect. Activist are now focusing on the fact that it was the Democratic Party on a national and local scale that coordinated attacks on the Palestine solidarity encampments. Just as they did under Obama in closing down Occupy.

The Democrats prevented Bernie Sanders from getting the nomination. Had he not supported the Democrats and became an independent our movement would’ve been much more effective than his lobbing Biden. He has been reduced to the edge of relevance. Significant social change comes from organizing people independently. The rise of the CIO, the civil rights movement and the movement to end the war in Vietnam are illustrations of this truth.

In appreciating the role of the Democratic Party, social activists are increasingly concluding that independent, political action now will help us against Trump should he get elected. Conversely herding people in to supporting the Democratic Party will disarm us.

Guest – Chris Hedges, the journalist and author discusses the collapsing media landscape, what happened to him at The Real News Network and how we preserve journalism. He spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class.
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Early Detection: Catching Cancer When Its Curable

The “war on cancer“ declared by President Richard Nixon over 50 years ago has been a failure. Mortality rates for victims of cancer have not decreased, except for the successful campaign against smoking.

Attorney Michael Ratner, when he was the President of the Center for Constitutional Rights, helped found Law And Disorder radio 20 years ago. We lost him to cancer eight years ago.

Michael’s younger brother Bruce Ratner has co-authored the book Early Detection: Catching Cancer When It’s Curable. It Is dedicated to the memory of Michael Ratner. Bruce and Michael shared similar values. Over the years, cancer rates have pretty much remained the same. Very high. Particularly affected are poor people, rural people, and people of color.

Most money spent on fighting cancer by big pharmaceutical companies goes into researching and developing medicines for late-stage cancers. These medicines have proven to only prolong life for several months. So, what is the answer to truly combating cancer? Early detection. And it must be quite early on.

Funds currently misdirected could be used in this effort. Prostate, breast, colo-rectal, and lung cancers can be detected early. But too often they are not. Even when they are, many people don’t follow up with treatment. A blood test has been developed to identify 50 different cancers. But what’s missing is a massive program of education and organization to catch cancer in its early stages.

Guest – Bruce Ratner studied science at Harvard, graduated from Columbia law school and then taught at NYU Law School. New York City Mayor John Lindsay appointed Bruce to be the Commissioner of Consumer Affairs. Bruce went on to develop real estate in Manhattan and Brooklyn and brought the first professional athletic team, the Brooklyn Nets, to Brooklyn, where he developed the Barclay Center. He also sits on the boards of Weil Cornell Hospital in Memorial Sloan Kettering Hospital. He has initiated the Michael D. Ratner Center for Early Detection of Cancer.

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