CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Cuba, Guantanamo, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Surveillance, Truth to Power
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- Michael Smith and Guest Host Natasha Bannan Discuss 61st Anniversary of Cuban Revolution
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Venezuelan Embassy Protectors Could Face Fines And Prison
The first week of January 2020 marks the 61st anniversary of the Cuban revolution. The Cuban people now have some of the best healthcare in the world, free education through college, adequate housing, and a high-level of culture.
The attitude of the American government has been one of almost unrelieved hostility including violence and an ongoing economic, financial, and commercial blockade.
Unable to reverse the Cuban revolution United States sought from the beginning to contain its influence. From the 1960s the governments of Chile, Argentina, Bolivia, Brazil, the Dominican Republic, Uruguay and recently Bolivia were overthrown by American sponsored coups because of their friendly position towards Cuba. As of today the Venezuelan government is being targeted by the United States.
In violation of international law in May of 2019, the United States government attempted but failed to overthrow the democratically elected government of Nicolas Madura in Venezuela.
The United States had at that time attempted to install Juan Guida as the president of Venezuela and Guida’s right wing supporters attempted to take over the Venezuelan embassy in Washington DC. Under international law, the embassy is the property of Venezuelan government and is considered untouchable.
A number of Americans, known as the Embassy Protectors, moved in to the embassy to prevent its hostile takeover. The State Department, Secret Service, and the Metropolitan Police force laid seize to the embassy. Electricity and water were cut off. No food was allowed in.
Although the coup against the Maduro government failed the Embassy Protectors were arrested when the US government raided the Venezuelan embassy. Four of the protectors including today’s Law And Disorder guest Attorney Kevin Zeese were arrested and face trial. If convicted they could be fined up to $250,000 and given a one year prison term. Embassy Protectors
Guest – Kevin Zeese is a US lawyer and political activist. He helped organize the 2011 Occupy encampment in Washington DC. Kevin Zeese is currently the co-director of The Organization Popular Resistance.
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U.S. Anti-Immigration and Just Futures Law
Anti-immigrant discourse and policy has defined a large part of the Trump Administration since 2016. We take a look into attacks against immigrants in the United States and related rule making in the last few months.
Guest – Paromita Shah is the Executive Director of Just Futures Law, a new movement lawyering organization dedicated to ending the deportation and mass incarceration industrial complexes. Paromita has spent over 20 years in providing innovative legal and advocacy support to lawyers and legal advocates, grassroots groups and organizers, in the fight against criminalization and immigration enforcement. She has worked to support immigrant communities impacted by policing and immigration enforcement and has worked on issues like immigration detainers, gangs, and technology surveillance.
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Civil Liberties, Criminalizing Dissent, Cuba, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Venezuelan Embassy Protected Against Staged Attacks In DC
Democracy and the rule of law are being rapidly unraveled in our country by President Trump, his advisers, especially convicted war criminal Elliot Abrams, who was put in charge of policy in Venezuela, and John Bolton, who said that if the top 10 floors of United Nations building were lopped off it wouldn’t make any difference, and with the support of the rightist insurgent Republican Party.
The latest example is the American government’s failed attempt military coup in Venezuela and its support of the ongoing attack on the Venezuelan embassy here in Washington DC.
On April 30th, the United States tried and failed to overthrow the democratically elected Venezuelan president Nikolai Maduro. They fail to supplant him with Juan Guaidó, the self-proclaimed a president who’s only real power is outside of Venezuela and comes mostly from the Trump administration.
Back home in Washington DC right wing counterrevolutionaries in support of Juan Guaidó have so far failed in their attempt to take over the Venezuelan embassy. Under centuries of international law the embassy is considered the property of Venezuela itself.
Last week the Washington DC utility company, undoubtedly at the request of the US government, turned off the building’s water electricity supply. Washington DC police and the Secret Service are preventing people from bringing food and water into the embassy. A number of American citizens, acting in support of democracy in Venezuela, entered the building to protect it against an invasion by coup supporters. They are also demonstrating outside of the building. The embassy protectors are being represented by attorney Mara VerhaydenHilliard of the Washington DC Partnership For Civil Justice.
Popular Resistance, Answer Coalition, Code Pink
Guest – Attorney Mara Verheyden-Hilliard has in the past successfully sued both the Washington DC police department and the New York City Police Department for their abuse demonstrators. She is co-chair of the Guild’s National Mass Defense Committee. co-founder of the Partnership for Civil Justice Fund in Washington, DC, she secured $13.7 million for about 700 of the 2000 IMF/World Bank protesters in Becker, et al. v. District of Columbia, et al., while also winning pledges from the District to improve police training about First Amendment issues. She won $8.25 million for approximately 400 class members in Barham, et al. v. Ramsey, et al. (alleging false arrest at the 2002 IMF/World Bank protests). She served as lead counsel in Mills, et al v. District of Columbia (obtaining a ruling that D.C.’s seizure and interrogation police checkpoint program was unconstitutional); in Bolger, et al. v. District of Columbia.
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Lawyers For The Left: In The Courts, In the Streets And On The Air
Lawyers For The Left: In The Courts, In the Streets And On The Air is the title of the just published book by our own Michael Steven Smith. It profiles the some of the nation’s most effective agents of social change. Michael discusses how he came to write this book and previews several of the lawyers profiled therein.
As Chris Hedges quotes “The lawyers in this book valiantly fought the erosion of justice and assault on the court system.”
Portside Review by Bill Ayers:
Now open Michael Steven Smith’s smart and compelling Lawyers for the Left, and you’ll find yourself plunged into the contradictions and swirling through the vortex where that question—what is the law?—is on everyone’s mind all the time. It takes on a unique urgency and a fresh vitality as it’s debated case by case and issue by issue by these committed advocates battling against a system they see as deeply and unfairly stacked against their clients—Black freedom fighters, Puerto Rican independistas, Indigenous and immigrant rights activists, women warriors, anti-war militants, water defenders, dissidents and radicals. None of the lawyers you’ll meet here holds fast to the traditional view that the law is simply a civilized mechanism for resolving disputes in an intelligent and reasoned way. They agree, rather, that any honest analysis of the law begins elsewhere, noting that in all times and in all places, the law is constructed in the service of whatever social/economic system created it. In other words, the law is a mechanism of control that works to protect and perpetuate existing social relations.
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CIA Sponsored Terror, Climate Change, Guantanamo, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, War Resister
Podcast: Play in new window | Download
Lawyers For The Left: In The Courts, In the Streets And On The Air
Lawyers For The Left: In The Courts, In the Streets And On The Air is the title of the just published book by our own Michael Steven Smith. It profiles the some of the nation’s most effective agents of social change. Michael discusses how he came to write this book and previews several of the lawyers profiled therein.
As Chris Hedges quotes “The lawyers in this book valiantly fought the erosion of justice and assault on the court system.”
Portside Review by Bill Ayers:
Now open Michael Steven Smith’s smart and compelling Lawyers for the Left, and you’ll find yourself plunged into the contradictions and swirling through the vortex where that question—what is the law?—is on everyone’s mind all the time. It takes on a unique urgency and a fresh vitality as it’s debated case by case and issue by issue by these committed advocates battling against a system they see as deeply and unfairly stacked against their clients—Black freedom fighters, Puerto Rican independistas, Indigenous and immigrant rights activists, women warriors, anti-war militants, water defenders, dissidents and radicals. None of the lawyers you’ll meet here holds fast to the traditional view that the law is simply a civilized mechanism for resolving disputes in an intelligent and reasoned way. They agree, rather, that any honest analysis of the law begins elsewhere, noting that in all times and in all places, the law is constructed in the service of whatever social/economic system created it. In other words, the law is a mechanism of control that works to protect and perpetuate existing social relations.
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Necessity Defense Upheld In Climate Change Case
In a rare and heartening victory for climate change activists, a Washington state appeals court recently overturned the conviction of a man who employed the so-called necessity defense.
Activist Ken Ward said he had no alternative but to break into a pipeline facility to save the planet from global warming. While several lawyers and clients have presented this strategy in court, it is rarely allowed to proceed.
That’s because in most courts, including federal appeals courts, protesters are unable to meet the threshold burden of showing their actions were in reaction to an imminent threat, like fire chief Steve McQueen blowing up a skyscraper’s water tank to put out a fire in the film The Towering Inferno.
But in his April 8 decision, Judge David Mann ruled that Ward, quote, “reasonably believed the crimes he committed were necessary to minimize the harms that he perceived.”
Last year, Law and Disorder reported on how a Boston prosecutor reduced charges against 13 pipeline protesters who planned to mount a necessity defense, eliminating the possibility of a trial. Even so, West Roxbury Judge Mary Ann Driscoll still found them not guilty for reason of necessity.
In the Washington case, the Court of Appeals reversed the burglary conviction of Ken Ward, saying the trial court judge had violated his Sixth Amendment rights by refusing to allow him to present a “necessity defense” to the jury.
Guest – Ted Hamilton, co-founder and staff attorney of the Climate Defense Center. Ted has studied comparative literature and philosophy at Cornell and Yale, and written about books, politics, and climate change for a variety of publications. During law school he focused on protest defense and growing the climate movement through involvement in the Harvard divestment campaign and internships with the Civil Liberties Defense Center and Climate Disobedience Center.
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Political Prisoner, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
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Misuse of Grand Juries And The Prosecution Of Chelsea Manning
The Trump administration wants to prosecute the news organization Wikileaks and its founder Julian Assange. In order to do so they have recently jailed whistleblower Chelsea Manning, who has been in solitary confinement since March 8th, 2019 in hopes to squeeze her to get testimony that could be used against Assange. Prolonged solitary confinement is a form of torture.
Chelsea Manning has refused to answer questions of the Government Prosecutor in front of a grand jury. In 2010 Chelsea Manning, then in the Army, released documents to WikiLeaks known as the Iraq War Logs. One of them was a video showing a U.S. Apache attack helicopter killing 12 people, including two Reuters journalists, two children and a passerby who stopped his van to rescue the wounded. She maintains that there’s nothing new to be learned and that she’s already given full testimony.
Chelsea Manning was convicted and served 7 years of a 35 year sentence before her sentence was commuted by Barack Obama. The prosecution of WikiLeaks for accepting leaked secret documents is a threat to press freedom and would criminalize journalism. The government is trying to frame Assange charging him with actively colluding with Manning, not just being a passive recipient of the leak. Historically grand juries have been misused in order to suppress political dissent.
Write to Chelsea Manning in solitary confinement:
Chelsea Manning
Ao181426
William G. Truesdale Adult Detention Center
2001 Mill Rd.
Alexandria, VA 22314
Guest – Attorney Michael Deutsch, an expert on the misuse of grand juries. He is a partner in the Chicago law firm The People’s Law Office and a former director of litigation at the Center for Constitutional Rights. He has represented political activists and victims of government repression. Among his clients have been the Attica prisoners in the 1971 uprising, Puerto Rican independence fighters, members of the black liberation movement, grand jury resistors, and Palestinians falsely accused of terrorism.
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The Brooklyn Folk Festival April 2019
In the political radicalizations and social upheaval’s within the United States of America in the 30s and again in the 60s, we saw an increased interest in folk music. This phenomenon is repeating itself today. We speak today with Eli Smith, the producer of the Brooklyn Folk Festival. He is a banjo player, a folklorist, and a member of the string band The Downhill Strugglers. The Brooklyn Folk Festival is the largest of its type in the country and is now in its 11th year. It takes place in Brooklyn Heights at the historic Saint Ann’s Church this April.
Guest – Eli Smith, a musician, producer and activist from Brooklyn, who has helped organize the event. Eli Smith is also a folklorist and music producer who organizes the annual “Brooklyn Folk Festival.”
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U.S. Appeals Court Opens Abu Ghraib Prison Abuse Case
In 2016, the United States appeals court re-instituted the Abu Ghraib prison abuse case against a private military contractor CACI. Since that time, the plaintiffs have had multiple victories.
The Center for Constitutional Rights is representing the abused prisoners. CCR‘s legal director Baher Azmy said “There is no question that torture is unlawful under domestic, military, and international law. The only issue in this case is whether CACI Will be held accountable – or treated with impunity – for its role in torture at Abu Ghraib. Now, the case is set for trial in Alexandria, Virginia on April 23.
Guest – Attorney Katherine Gallagher filed the case nearly 11 years ago and she is a Senior Staff Attorney at the Center for Constitutional Rights. Katherine works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, and Survivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.
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CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Supreme Court, Truth to Power
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Venezuela Coup d’Etat
The last coup d’état the United States of America sponsored in 2009 in Latin America was under the Obama administration and supported by his Secretary of State Hillary Clinton when they overthrew a mildly social democratic president of Honduras. At that time the USA denied its role.
Today we are witnessing a quite open and blatant coup d’état in oil rich Venezuela against their recently and democratically elected socialist president Nicolas Maduro. The US boldly announced it no longer considered Maduro the legitimate president of his country.
In his stead the USA has recognized Jose Guida, an obscure legislator from the most right wing of the opposition parties after Vice President Mike Pence called him on the phone and gave him the blessings of United States government.
Venezuelan oil assets in the United States which amount to over $7 billion have been frozen. Likewise it’s $1 billion plus bank deposits in the United Kingdom have been seized. The United States has succeeded, in the infamous words of former Secretary of State Henry Kissinger, who engineered the coup against the elected Democratic Socialist President Salvador Allende in Chile on September 11 of 1973, “ to make their economy scream”.
The Venezuelan economy is now half its former size and hobbling along at a depression level. Food and medicine there is increasingly scarce. Tens of thousands of people have been forced to leave their country. Nevertheless, President Maduro has retained popular support including the support of the Venezuelan army.
Guest – Greg Grandin, a professor of history at New York University and a Nation editorial board member, is the author of a number of prize-winning books, including The Empire of Necessity, which won the Bancroft Prize; Fordlandia, which was a finalist for the Pulitzer Prize, the National Book Award, and the National Book Critics Circle Award; Empire’s Workshop; The Last Colonial Massacre; The Blood of Guatemala; and, most recently, Kissinger’s Shadow: The Long Reach of America’s Most Controversial Statesman. His new book, forthcoming this spring, is The End of the Myth: From the Frontier to the Border Wall in the Mind of America.
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United States Executive Authority in Declaring Emergency Powers
U.S. presidents have the discretion to declare a “national emergency.” As soon as he does, he can sidestep many existing limits to presidential authority. In fact, 100 or more special provisions become available to him. Some provide reasonable responses to real emergencies, while others seem to bolster the power of a so-called unitary executive who wants to amassing or retain power. The president can activate laws allowing him to, for example, shut down many kinds of electronic communications inside the U.S. or to freeze Americans’ bank accounts. Other powers are available without a declaration of emergency, including laws that allow the president to deploy troops inside the country to subdue domestic unrest.
The rationale for having emergency powers is simple: The government’s ordinary powers may not be enough in times of crisis, and amending the laws to provide greater ones would take too long. Emergency powers are intended to give a temporary boost until the emergency passes or there is time to change the law through the regular legislative process. The problem comes when presidents don’t have the best interest of the country in mind.
Guest – Andrew Boyd, Counsel in the Brennan Center’s Liberty and National Security Program. Andrew spent 7 years prosecuting senior Khmer Rouge leaders on behalf of the UN for war crimes, crimes against humanity and genocide. He also worked on cases resulting from the 1994 Rwandan genocide at the International Criminal Tribunal for Rwanda.
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CIA Sponsored Terror, Civil Liberties, Crony Capitalism, Habeas Corpus, Supreme Court, Surveillance, Truth to Power, War Resister
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Money And Class In America – Lewis Lapham
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.
