Law and Disorder March 11, 2024

Legal Analysis Of Recent Supreme Court Decisions

The U.S. Supreme Court, securely under the control of a Super Majority of 6 conservative Republican justices, three of whom were appointed by Donald Trump, continues to play a decisive role in undermining our constitutional democracy.  This ominous trend continues based on three recent key cases, which we’ll be talking about today.

In one, the Court on March 4 rejected a lower court ruling that Trump was ineligible to run for president; in April the court will hear oral arguments on Trump’s claim of absolute immunity from criminal liability; and recently the Justices heard argument over whether social media sites had a right to ban Trump and others under their content moderation standards.

All of these cases arise from the insurrection on Jan. 6, 2021, when a mob of thousands stormed the US Capitol to prevent Joe Biden from being certified as President. That day, and for many months before and after, Donald Trump attempted to interfere with the constitutionally mandated process for the election of the President of the United States. Hanging in the balance of these three cases are some of the most momentous issues facing our democracy.

Guest – Stephen Rohde is a noted constitutional scholar and activist. He is the past Chair of the ACLU Foundation of Southern California; one of the founders and current Chair of Interfaith Communities United for Justice and Peace; and the author of American Words of Freedom and of Freedom of Assembly. Steve Rohde is also a regular contributor to the Los Angeles Review of Books, and to TruthDig, and a leader in the national campaign to free the imprisoned investigative journalist, Julian Assange.

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The Right To Boycott Israel

The First Amendment gives citizens the right to boycott, as well as the right to free speech and assembly and the separation of church and state. The right to boycott is under attack by right wing anti-democratic forces. Anti-boycott bills have been passed in 37 states so far. The main organization behind canceling our constitutional right to boycott Israel for its horrific crimes against Palestinians is the American Legislative Exchange Committee (ALEC). Its a well-funded right wing outfit with considerable power.

Today we speak with leading Palestine solidarity activist Felice Gelman. She helped produce and direct the five minute video called the Right to Boycott. It is a strategic tactic to oppose Israeli crimes against Palestinians.

The boycott started with the Boston Tea Party. The Montgomery Bus Boycott set off the civil rights movement in the south. The Grape Boycott supported Cesar Chavez and the farmworkers in California. The necessity of pushing back against Israel’s genocidal practices has never been more evident.

Guest – Felice Gelman is a coordinator of the Freedom2Boycott NYS Coalition, which has worked for a decade to defeat legislation penalizing boycotts in New York State and recently released a short film The Right to Boycott. She is a board member of the Friends of the Jenin Freedom Theatre, supporting The Freedom Theatre in the West Bank of Occupied Palestine. She was the co-producer of the first full length documentary filmed and directed by Palestinian filmmakers in Gaza, Where Should the Birds Fly?

Hosted by attorneys Michael Smith and Maria Hall

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Law and Disorder February 12, 2024

Unflagging Support For The Military Siege Against Palestinians In Gaza

Several months ago, various Palestinian human rights groups and individuals in Gaza and in the U.S., filed a lawsuit in a U.S. federal court, against President Biden, Secretary of State Blinken, and Secretary of Defense Austin, for their failure to prevent, and their complicity in, the Israeli government’s unfolding genocide against them, their families, and the 2.2 million Palestinians living in Gaza. They were represented by the attorneys at the famed Center for Constitutional Rights in New York City.

After a hearing that included testimony from seven Palestinian plaintiffs and witnesses as to the scale of destruction in Gaza and its impact on them and their families, the court found that Israel’s assault and siege on the Palestinian people in Gaza did, “plausibly” constitute genocide, and the court “implored” the Biden Administration to examine its “unflagging support” for Israel. This constituted a profoundly important finding. But the court nevertheless dismissed the case on the grounds that it lacked jurisdiction over the administration’s conduct of foreign affairs.

What was the testimony of the plaintiffs in this case? What were the legal arguments put forth by their attorneys? Why did the court rule as it did? And what is the significance of the judge’s finding that it was “plausible” that genocide was, indeed, taking place in Gaza and its urging of the Biden Administration to examine what the judge termed, its “unflagging support” for Israel in its war on the Palestinian people? CCR Case

Guest – Attorney Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights . Her areas of legal expertise include matters of torture, war crimes and militarism. Among her many major cases is the case titled, Situation of Afghanistan at the International Criminal Court; and the case titled, Survivors Network of those Abused by Priests-v-Vatican. Prior to her work at the CCR, she worked at the United Nations International Criminal Tribunal for the former Yugoslavia. She is a visiting professor of law at the City University of New York (CUNY) School of Law.

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2024 Could Be The Year America Fends Off Dictatorship Or Invites It In

Some years ago, Michael Ratner, the president of the Center For Constitutional Rights and a co-founder of Law And Disorder interviewed our returning guest attorney Benjamin Carter Hett. Hett is a historian, a professor at Hunter College and a lawyer. He wrote a stellar biography of the great German leftist attorney Hans Litten, who cross-examined Hitler, almost stopping him from coming to power by exposing Hitler’s hypocrisy on using violence.

As Michael wrote about professor Hett’s book “it brings to life the period preceding the takeover of Germany by the Nazis. Litten’s cross examination of Hitler went to the heart of the Nazis attempt to achieve power through violence.” Trump has promised to do the same should he get elected. Professor Hett recently wrote about this in an opinion piece in the Los Angeles Times. In an interview with Fox News host Sean Hannity Trump said he wanted to be a dictator “on the first day” of his new administration.

It has been reported that Trump would invoke the Insurrection Act which would allow him to deploy troops to crush protests, arrest dissidents, and shut down oppositional media. Trump is a fascist. He’s not an advocate of the rule of law or of democracy. He boasts about using violence. In the divorce papers his first wife Ivana Trump filed against him she alleged that he kept a book of Hitler’s speeches at his bed table.

Like Hitler, Trump appeals to his base and their desire for “retribution.” Trump said “we pledge to you that we will root out the Communist and radical left thugs that live like vermin within the confines of our country.” Hitler’s racism was shown by his antisemitism, Trump’s by his hatred of immigrants who he says, echoing Hitler, “will poison” American blood.

Guest – Benjamin Carter Hett is a former trial lawyer. He is now a professor of history at Hunter College and the author of several books, including Crossing Hitler: The Man Who Put The Nazis On The Witness Stand. Most recently he has written an opinion piece in the Los Angeles Times titled 2024 Could Be The Year America Fends Off Dictatorship Or Invites It In.

Hosted by Attorneys Michael Smith and Jim Lafferty

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Law and Disorder February 5, 2024

World Court: South Africa Presents Plausible Case That Israel Committed Genocide

On January 26, the International Court of Justice (ICJ, or World Court) handed down a historic, near unanimous ruling in South Africa’s case against Israel for its genocide against the Palestinians in Gaza. At least 26,422 Palestinians have been killed and 65,087 injured by the Israeli Occupying Forces since Hamas’ October 7 attacks. More than 85% of the Palestinians in Gaza have been displaced.

The World Court concluded that South Africa presented a “plausible” case that Israel is committing genocide in Gaza. The court held that the right of the Palestinians to be free from genocidal acts, and South Africa’s right (as a party to the Genocide Convention) to ensure Israel’s compliance with the convention, could be protected by six provisional measures (an injunction), which the court ordered Israel to take.

South Africa’s ministry of foreign affairs described the court’s decision as “a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people.” The Lawyers for Palestinian Human Rights called the ICJ’s decision “a much-needed light in the darkness,” adding, “It is a historic day for clearly recognizing the fundamental human rights of Palestinians, including their fundamental right to life, and an important vindication of the vital resort to law to uphold fundamental rights.”

Richard Falk, former UN Special Rapporteur on Human Rights in the Occupied Palestinian Territory, said the ICJ’s ruling “marks the greatest moment in the history of the [court]” because “it strengthens the claims of international law to be respected by all sovereign states?—?not just some.” This is particularly significant in light of the recent ruling here in the United States in which the federal district court on January 31 dismissed a lawsuit against Joe Biden, Antony Blinken and Lloyd Austin for their failure to prevent genocide and complicity in genocide by Israel.

Guest – Marjorie Cohn is Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. Marjorie is also professor of law emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She has written several articles about Israel’s genocidal campaign in Gaza for Truthout.

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Judge Dismisses Genocide Case On Behalf Of Palestinian Human Rights Groups

On January 26, just hours after the International Court of Justice found a plausible case that Israel is committing genocide in Gaza, a historic 4-1/2 hour hearing took place in a federal courtroom in Oakland, California. Palestinians who are suing President Joe Biden, Secretary of State Antony Blinken and Defense Secretary Lloyd Austin for failure to prevent genocide and complicity in genocide testified before district court Judge Jeffrey White in a live-streamed session. 1,000 people watched the hearing via Zoom. There were also hundreds of people outside the courthouse during the hearing, standing in solidarity with the Palestinian plaintiffs.

The Center for Constitutional Rights (CCR) filed the lawsuit on behalf of Palestinian human rights organizations Defense for Children International – Palestine and Al-Haq, three Palestinian individuals who live in Gaza, and five Palestinian Americans who have family in Gaza.

The plaintiffs petitioned U.S. District Court Judge Jeffrey White to declare that the United States has violated international law and to issue a preliminary injunction to immediately force Biden, Blinken and Austin to stop providing additional money, weapons, and military and diplomatic support to Israel for its genocide in Gaza.

The defendants have asked Congress to appropriate $14.1 billion in military assistance to Israel — in addition to the $3.8 billion the U.S. already provides to Israel each year. Blinken authorized a $320 million transfer of military equipment to an Israeli manufacturer of precision bomb kits.

On January 31, Judge White dismissed the case because it involved a “political question” which is reserved to the executive and legislative branches. He wrote that “the ongoing military siege in Gaza is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide.” But he concluded this case was a “rare” instance where “the preferred outcome is inaccessible to the court.” He also wrote that the “Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza.”

Guest – Maria LaHood, one of the attorneys who presented the case for the Palestinian plaintiffs, Maria is Deputy Legal Director at CCR, with expertise in constitutional rights and international human rights. Maria works closely with Palestine Legal to support students and others whose speech is being suppressed for their Palestine advocacy around the country. She graduated from the University of Michigan Law School and was named a 2010 Public Justice Trial Lawyer of the Year Finalist.

Hosted by attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz

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Law and Disorder January 29, 2024

 

Israel’s War As A Catalyst For World War

One issue flowing from the Israeli-Palestinian war, at first pretty much ignored, is the danger of the war widening. And as Israel’s war in Gaza drags on, with no end yet in sight, the threat of a much wider war grows stronger. Already the war has resulted in military action in Syria and Iraq, by forces loyal to Iran; U.S. military facilities have been targeted in Iraq by Iranian backed forces; the United States and Great Britain are now regularly bombing Houthi military installations in response to the Houthis militarily disrupting the free flow of shipping in the Gulf region, on behalf of their support for Palestine; and, there are now daily clashes between Hezbollah in Lebanon, and Israel, across their shared border.

So far, the adversaries have been careful to not go beyond an unspoken, but generally recognized “tipping point,” so as not to bring about open nation-on-nation warfare throughout the region. But a “slippery slope” has now been created that many fear could bring about what would amount to a “world war”, even if confined only to that part of the world. And if that happens, who knows how many other nations in the Middle East would end up drawn into such a wider war.

Guest – Richard Becker is the Western Regional Coordinator of the “Act Now to Stop War and End Racism” coalition, or ANSWER. He is the author of the highly praised book, Palestine, Israel, and the U.S. Empire, published in 2013, with an up-dated edition of the book about to be released, as well. He is also the author of the book entitled, The Myth of Democracy and the Rule of the Banks. Richard Becker is also a national leader in the Party for Socialism and Liberation.

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Climate Change And Legal Analysis

While it has been all too slowly, the reality of climate change and what it means for life on our planet, for human lives and the lives of the multitude of other life forms we share this planet with, has become clearer to all who’ve not buried their heads in the sand and closed their eyes and minds to this deadly reality.

For a few decades now we humans have been paying more and more attention to the issue, and have actually instituted some measures aimed at holding climate change in check, but so far with pitifully little effect. In fact, despite these more recent efforts, those greenhouse gases just keep reaching for the sky in greater and greater amounts every year. Is it hopeless? That is, are we humans hopelessly unwilling and unable to do what the science on the matter makes clear must be done if we are not to find ourselves, rather soon, on our way to extinction? Are there, in fact, things we could and should be doing that would actually work?

Guest – Professor Eleanor Stein is a climate change, environmental justice and human rights activist and advocate. She teaches climate change and human rights at the State University of New York, at Albany, and has just recorded a Continuing Legal Education session on this subject for the CUNY Law School. In addition, she facilitates international forums on climate change and energy. And for years, Professor Stein was an Administrative Law Judge at the NY state agency that regulates the energy industry. She guided state policy on recovery from Superstorm Sandy ten years ago. In this regard, her work centered on mediating processes to bring solar and wind energy to the state at scale, at speed, and with justice.

Hosted by attorneys Jim Lafferty and Maria Hall

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Law and Disorder January 22, 2024

South Africa Brings Israel To World Court

On January 11 and 12, South Africa and Israel appeared in a historic case before the International Court of Justice (ICJ), also known as the World Court, in The Hague. South Africa’s legal team made a strong and persuasive argument that Israel is engaging in genocide against the Palestinian people in Gaza. South Africa asked the court to impose nine emergency “provisional measures” aimed at putting an end to the slaughter.

South Africa’s application to the ICJ places Israel’s genocidal acts and omissions in the broader context of Israel’s 75-year apartheid policy, 56-year occupation, and 16-year blockade imposed on the Gaza Strip. This siege was described by the Director of UNRWA Affairs in Gaza as “a silent killer of people.”

South Africa told the court that it “unequivocally condemned the targeting of civilians by Hamas and other Palestinian armed groups and the taking of hostages on 7 October.” But, it continued, “no armed attack on a State’s territory no matter how serious — even an attack involving atrocity crimes — can provide any justification for, or defence to” genocide. Israel “has crossed this line.”

Israel responded by placing responsibility on Hamas for the situation in Gaza. It accused South Africa of an “attempt to weaponize the term genocide.” Israel argued that international humanitarian law is the relevant framework — that Hamas committed war crimes. In Israel’s view, this is not a genocide case; if anyone was the victim of genocide, Israel claims IT was on October 7 when Palestinian resistance forces killed what Israel claims were 1,200 people. However, Hamas is not part of this case, because it is not a state party to the Genocide Convention.

Guest – co-host Marjorie Cohn is Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. Marjorie is also professor of law emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She writes prolifically about Israel’s occupation of Palestinian territory and Israel’s violations of the human rights of the Palestinian people.

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Honoring the Legacy Of Dr. Martin Luther King Jr.

We hear part of an hour long program honoring the life and legacy of the Rev. Dr.Martin Luther King.  Our listeners know all too well that the Nobel Peace Prize laureate was shot on April 4, 1968. Not so well known is the radical Dr. King, who said in the last months of his life that:

“Our only hope today lies in our ability to recapture the revolutionary spirit and go out into a sometimes hostile world, declaring eternal hostility to poverty, racism, and militarism. With this powerful commitment we shall boldly challenge the status quo.”

Joining us are special guests Ruby Sales, a colleague of Dr. King’s and co-founder of the Student Nonviolent Coordinating Committee; and Rev. Dr. Emma Jordan-Simpson, Executive Director of the Fellowship of Reconciliation (F.O.R.). We’re also joined by author and activist Matt Meyer, a board member of the AJMI.

Dr. King began close ties with A.J. Muste and with the F.O.R. during the Montgomery bus boycott, when FOR staff members Bayard Rustin and Glenn Smiley came to Alabama to support local efforts nonviolently challenging racial segregation. Dr. King developed a special relationship with former FOR chairman A.J. Muste, whose absolute pacifism King had, as a theological seminary student, questioned.

Before heading F.O.R., Muste was a prominent labor leader, helping to found the militant Congress of Industrial Organizations (CIO). And Dr. King, of course, was killed exactly one year after taking a staunch anti-Vietnam war position and in the midst of supporting a significant strike of sanitation workers, linking—as he had been—issues of race, class, and violence as King deepened his critique of the roots of oppressive U.S. society.

Guest – Ruby Sales is the founder and director of the “SpiritHouse Project”, a national organization that uses the arts, research, education, action and spirituality to bring diverse peoples together to work for racial, economic and social justice as well as for spiritual maturity. A life-long organizer, scholar and public theologian in the areas of civil, gender and other human rights, she was a member of the Student Non-violent Coordinating Committee and served as national convener of the Make Every Church A Peace Church movement.

Guest – Rev. Dr. Emma Jordan-Simpson is the Executive Pastor of The Concord Baptist Church of Christ, Brooklyn, NY. She has combined pastoral ministry with the social justice community. The former Executive Director of the Children’s Defense Fund she is now the Executive Director of the Fellowship of Reconciliation.

Guest – Matt Meyer is Secretary-General of the International Peace Research Association, Chair of the International Fellowship of Reconciliation’s Financial Advisory Committee, Africa Support Network Coordinator of the War Resisters International, and Senior Research Scholar at U-Mass Amherst. As current National co-chair of FOR and former Chair of the War Resisters League, he is second only to AJ Muste in holding the top post of those two historic US peace organizations. He is author of the recently published White Lives Matter Most And Other “Little” White Lies.

Hosted by attorneys Heidi Boghosian and Marjorie Cohn (also as guest)

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Law and Disorder December 18, 2023

Unwavering U.S. Support Of Israeli War Atrocity

Israel, with indispensable American support, is destroying the people of Gaza. They are being bombed by American planes dropping American bombs and shot at by Israeli soldiers, using American weapons and ammunition. Israel has prevented them from getting food and water, medical supplies and fuel. They are sick and starving. 85% of the population of 2.3 million have had their homes destroyed and are living outside in the cold without food, fuel medicine or clean water

Already some 20,000 Palestinians have been murdered, the majority, women and children. At least 800 children have had their limbs amputated. It is a one-sided war. The American equipped Israeli Air Force and Army is the fourth largest military force in the world. The Palestinians are essentially defenseless against this. They have been herded to the south tip of tiny Gaza, their homes, schools, hospitals pulverized. They are living in the streets, in the cold, with no sanitation, awaiting their certain destruction by starvation, dehydration, and cholera.

The American government has fully supported this genocidal operation with military supplies, diplomatic, cover, and propaganda. Last week, the United States voted to block a cease-fire resolution at the UN Security council – 13 to 1. The US and Israel are looked upon as moral outlaws by the rest of the world.

Why has the American government supported Israel?  What is the history of this support for the Israeli colony which was set up in 1948 in the heart of the Arab world and has been expanding and displacing Palestinians ever since?

Professor Khalidi OpEd LA Times

Guest –  Columbia University Professor Rashid Khalidi is a Palestinian American historian of the Middle East, the Edward Said professor of Modern Arab Studies at Columbia University, and Director of the Middle East Institute of Columbia School of International and Public Affairs. He was educated at Yale and Oxford universities and is the author of many books on the Middle East. He is also the author of Under Siege: PLO Decision Making During the 1982 War, Brokers of Deceit: How the US Has Undermined Peace in the Middle East and recently The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017.

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Anti-Semitic or Pro Palestine, Quick Silencing Of Student Protests

Unless you’ve been living in a cave for the past week or so, you know about the firings and attempted firing of university heads at M.I.T, Harvard, and Penn in the wake of the new Israeli-Palestinian war. At M.I.T. and Penn, their top bosses were, in fact, fired. So far, Claudine Gay at Harvard has held on to her job, but many still think her days there are numbered. The moves to get rid of these university bosses flowed from the claim that they were not strong enough in their condemnation of the October 7th Hamas attack, and of the way their students sloganized in the course of their boisterous on-campus protests against Israel, because of the humanitarian crisis resulting from what Israel is doing in Gaza.

In short, they were deemed to be, if not out and out anti-Semantic themselves, clearly insufficiently pro-Israel in their over-all statements and actions since this latest Israeli/Palestinian war began. Of course, there have been conflicts at many, many other U.S. colleges and university arising from the war, often resulting in the outlawing on campus of campus groups like Students for Justice in Palestine and Jewish Voice for Peace.

Put simply, despite the fact that a very significant pro-Palestine bias may exist among students on our nation’s campuses of higher learning, these students’ grownups know what’s best…and that means unwavering support for Israel and the supportive role played by the U.S. in that war. And it means trying to silence criticism of Israel and bold support for Palestine. Shout our certain slogans, such as “from the river to the sea, Palestine will be free”, or “down with Zionism, down with Israeli apartheid”, or “Israel, Israel you can’t hide, we charge you with genocide”, and the censors won’t be long in attacking you, or simply silencing you.

Aside for my grief and anger over what is happening to the Palestinian people in this war, there are a couple of other aspects of all of this that have me particularly disturbed, have me angry and greatly worried. One is the simplistic, quick to condemn, efforts to shut down the actions and slogans of the pro-Palestinian demonstrators. The other is how reminiscent this is of how the ruling elite in this country went after the leadership, and rank-and-filers, in the anti-Vietnam war movement of the 60’s and early 70’s. Then, the charges were that the slogans and the demonstrations were “anti-American” and, in fact, down right “communistic.” I, along with a handful of other anti-Vietnam War leaders, was then called before the new House Un-American Activities Committee, to testify about the supposed, and I quote, “Soviet money and leadership that was supporting U.S. antiwar groups and coalitions.”

Are today’s pro-Palestinian leaders now to be called to account and asked by the authorities, “are you now or have you ever been, an anti-Zionist”? “Are you getting money from the Islamists?” Yes, the growing danger to free speech in our country, and the right to defend those who the government may disfavor, or claim to be the enemies of our people, is to be greatly feared. It often grows slowly, at first, like some cancerous viruses, but once it gathers strength…well, remember our history.

Guest – Stephen Rohde is a noted constitutional scholar, retired civil rights lawyer and activist. He is the past Chair of the ACLU Foundation of Southern California; the founder and current chair of Interfaith communities United for Justice and Peace; the author of Freedom of Assembly and American Words of Freedom. Steve Rohde is also a regular contributor to the Los Angeles Times Review of Books, TruthDig, and a leader in the national campaign to free imprisoned investigative reporter, Julian Assange.

Hosted by attorneys Michael Smith, Maria Hall and Jim Lafferty

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