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Law and Disorder October 16, 2017


Free Speech on College Campuses

Last week an invited lawmaker was shut down form addressing Texas Southern University after protesters stormed the room calling him a racist. House Representative Briscoe Cain was asked to speak to the Thurgood Marshall School of Law by the Federalist Society about the recent legislative special session. But as he uttered a few words, he was shut down by students and then the University’s President claimed it was an unapproved event. It’s ironic that the school is named for the Supreme Court justice known for his exemplary record of protecting First Amendment rights.

Attorney General Jeff Sessions also recently spoke–uninterrupted–at Georgetown University about free speech on American college campuses. He said, “The right of free speech does not exist only to protect the ideas upon which most of us agree at a given moment in time,” and encouraged students to: “make your voices heard, [and] to defend the rights of others to do the same.” Sessions joins a bipartisan chorus of public officials expressing support for free speech in academic institutions.

This summer, Senators Bernie Sanders and Mitch McConnell condemned efforts to shut down different viewpoints at schools. And in 2015, Barack Obama more than once defended the importance of free speech on campus. “I don’t agree that you, when you become students at colleges, have to be coddled and protected from different points of view,” he said at a September 2015 town hall.

The recent Sessions talk comes amid an uptick (1) in efforts to dis-invite controversial speakers of all ideological persuasions, (2) use of bias response teams to monitor unpopular speech, and (3) in unprecedented violence aimed at silencing off-campus speakers.

These are some of the findings from a recent study produced by The Foundation for Individual Rights in Education. The comprehensive survey on students’ attitudes about free speech measured responses to questions about hate speech, guest speakers on campus, self-expression and reactions to expression of other students.

Guest –Will Creeley, Senior Vice President of Legal and Public Advocacy at the Foundation for Individual Rights in Education. FIRE is a nonpartisan, nonprofit organization dedicated to defending liberty, freedom of speech, due process, academic freedom, legal equality, and freedom of conscience on America’s college campuses.

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Tech Freedom on USA Liberty Act of 2017

Americans whose data is inadvertently swept up while the government monitors foreign intelligence, risk having their information used for non-national-security related purposes.

Two weeks ago draft legislation was introduced to address this, but a broad coalition of civil liberties organizations say it doesn’t go far enough. They are calling on the House to close the so-called “back-door search” loophole by requiring a warrant based on probable cause for any search of information about U.S. citizens and residents.

Similar to the USA Freedom Act of 2015, which ended the practice of bulk surveillance of American citizens under Section 215 of the 2001 PATRIOT Act, the current USA Liberty Act of 2017 would overhaul surveillance that is supposed to be limited to targets outside the U.S. but actually affects Americans. Section 702 expires at the end of December, which is why Congress is reassessing the program.

Currently, FISA surveillance is conducted under a warrant issued annually by the FISA court for a list of foreign intelligence targets. But law enforcement can access, and can use, Americans’ communications swept up in FISA surveillance with no warrant at all. This is even though U.S. persons’ communications require constitutional protections not afforded to foreigners.

The USA Liberty Act adds a warrant-like ‘probable cause’ requirement before law enforcement can search the database, but also includes a sweeping, vague exception for “foreign intelligence information” and does not stop law enforcement from using that information for criminal prosecutions. This is a glaring violation of the Fourth Amendment.

Guest – Austin Carson, Executive Director of TechFreedom joins us to talk about this legislation, and the state of surveillance generally. Tech Freedom is a non-profit, non-partisan technology think tank launched in 2011 that focuses on issues of Internet freedom and technological progress.

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Law and Disorder October 9, 2017


The Rape Of Recy Taylor: A Film By Nancy Buirski

The number of women raped in the Jim Crow south we’re staggering. Because of the danger to their lives and the futility of getting justice most women didn’t report the crimes and their stories when unknown.

Recy Taylor’s story was not part of this hidden history. As a 24 year old she was gang raped by six white man in 1944 in a small rural Alabama town. Mrs. Taylor spoke up and bravely identified her rapists.

The National Association for the Advancement of Colored People, the NAACP, sent Rosa Parks, later of the 1955 Montgomery Alabama bus boycott fame, down to investigate and build a movement to shine a public spotlight on the crime.

She rallied support and triggered an unprecedented outcry for justice. It ultimately was a failed effort. Despite widespread publicity in the black press including newspapers in New York City, Detroit, and Philadelphia plus a massive letter writing campaign which put pressure on the Alabama Governor, two grand juries failed to indict the rapists and an Alabama assistant attorney general issued a report exonerating the criminals.

This is the focal point of a new film titled The Rape of Recy Taylor, written, directed and produced by Nancy Buirski. It recently had its North American premiere at the New York Film Festival.

Guest – Nancy Buirski joins us in the studio. The film won an award at the 74th Venice International Film Festival. Nancy has directed, written, and produced a number of award-winning films and is a member of the American Academy of Motion Picture Arts and Sciences. First look at Nancy Buirski’s documentary. Nancy’s Facebook page. Here is the Facebook documentary link

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Puerto Rico Hurricane Aftermath – Natasha Lycia Ora Bannan

Puerto Rico is the only remaining U S. colony in the western hemisphere. 3.5 million people live on the island. They lack representatives in Congress and the population is barred from voting in the US presidential elections. Although it is $73 billion in debt to American banks,by law it is unable to declare bankruptcy and restructure its debt. President Donald Trump said that the impact of Maria was partly the fault of Puerto Rico falling into a giant amount of debt that it has not repaid. With an already stressed out infrastructure the island in the past three weeks was hit by two extremely powerful hurricanes. Electricity and cell service are down, people are drinking water out of creeks, they have little fuel, little food, and the mayor of San Juan Carmen Yulin Cruz is sleeping on a cot. The mounting death toll is presently at 34.

President Trump accused the San Juan mayor of “poor leadership“ after she criticize the American government for not helping Puerto Rico enough after Hurricane Maria. He said she was “a politically motivated ingrate.” Then he barred her from participating in a group phone call to talk about relief, telling her she could listen but not speak. He accused the Puerto Rican people of being lazy, saying that “they want everything done for them.”

Guest – Attorney Natasha Lycia Ora Bannan, Puerto Rican President of the National Lawyers Guild. She has recently returned from Cuba, which also suffered severely from hurricane Maria, but responded in a much more effective way. Support Puerto Rico to drive donations to the Hurricane Maria Relief and Recovery Fund at www.mariafund.org, set up by Puerto Rican attorney, Xiomara Caro.

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Law and Disorder October 2, 2017


Puerto Rico Disaster Recovery, The Jones Act And Federal Aid

The devastation to Puerto Rico from Hurricane Maria has been likened to the impact of an atomic bomb, destroying the U.S. territory, and leaving nearly 3.5 million U.S citizens without power, limited access to food and water, and a collapsed infrastructure. Donald Trump was quick to blame the island nation for its problems, even highlighting its financial debt to Wall Street.

Puerto Rico has a history of struggling for federal aid for natural disasters contrasted with those on the mainland. The White House response to much-needed funding post-Maria is to wait for a “full assessment” and “fact-finding” process. Early reinforcements from the Federal Emergency Management Agency (FEMA) are appalling, if nonexistent: Diesel fuel for generators is scarce. Towns outside metro areas are unreachable. Hospitals can’t treat patients. Streets are flooded, looting is rampant, highways destroyed. The National Guard, FEMA, Red Cross or federal vehicle have yet to be spotted on the island. None of this is new.

In 1989, when Hurricane Hugo hit South Carolina, Puerto Rico and the USVI, the elder President Bush was criticized for not responding quickly enough. More relief for the Caribbean was added to a bill initially designed to address earthquake damage in California. And when Hurricane Georges pounded Puerto Rico in 1998, it took half a year for the federal government to act on a long-term plan for the island.

A central reason for this is the Jones Act, a century-old shipping law often accused of stifling the Puerto Rican economy. Among other things, the Act requires that domestic shipping be conducted by U.S.-owned, U.S.-made ships staffed by American crews. That means, for example, that all food from the mainland—and Puerto Rico imports 85 percent of what it consumes—must be brought in U.S. ships.

Nydia Velázquez, the Puerto Rico–born congresswoman who represents parts of New York City, says she will ask Congress for a one-year waiver to Jones Act requirements for the territory. That might test Washington’s willingness to change its approach to Puerto Rico and to see if Puerto Ricans’ status as citizens without full rights is really working.

Guest – Carlito Rivera, co-editor of the Old and New website, active with the Campaign to Bring Mumia Home, and a Former member of the Young Lords. CONTACT: El Maestro – Community Center and Boxing Gym in the Bronx, Puerto Rican Nationalist Party Headquarters 646-299-6507.

Since the recording of this interview, President Trump agreed to waive the Jones Act, which will temporarily lift shipping restrictions and allow the people of Puerto Rico to receive necessary aid.

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Burns and Novick: Masters of False Balancing

Ken Burns and Lisa Novick have made an influential documentary called “The Vietnam War” whose 10 episodes have been running on PBS.  Burns said that his film “will inspire our country to begin to talk and think about the Vietnam war in an entirely different way.” Novak said that “we are all searching for some meaning in this terrible tragedy.”

The United States took over the war in 1954 from the defeated French who failed despite massive American support to recolonize Vietnam after World War II. The United States left Vietnam 1975 when they were forced to withdraw troops in the teeth of massive Vietnamese resistance, a huge antiwar movement at home, and the refusal of GIs in Vietnam to continue to fight.

At least 3 million Vietnamese were murdered. 58,200 American soldiers were killed. 19 million gallons of toxic defoliants, 7.5 million tons of bombs, including 400,000 tons of napalm were dropped on the Vietnamese. Without a Navy or Air Force, the Vietnamese resistance lived in tunnels or hid in the jungle.

The CIA’s infamous operative in Vietnam, Colonel Edward Lansdale, who helped install the US supported dictator Diem, quoted Robert Tabors The War of the Flea saying “there is only one means of defeating an insurgent people who will not surrender, and that is extermination. There is only one way to control a territory that harbors resistance, and that is to turn it into a desert.”

The Burns-Novik film’s opening sentence says that the war was started “in good faith by decent people out of fateful misunderstandings, American overconfidence and cold war misunderstandings.” Noam Chomsky, who came to prominence in 1967 as a critic of the war, and who was not interviewed in the film, wrote that the US “went to war in Vietnam for a very good reason. They were afraid Vietnam would be a successful model of independent development and that it would have a virus effect – if that others who may try to follow the same course.”

Guest – Jerry Lembcke, Professor Emeritus of Sociology at Holy Cross College.
Professor Lempke is recognized for work on post-Vietnam War American culture, studies of how we continue to process the war through film, literature, folklore, and of course television documentaries. He is the author and editor of many books, most notably his 1998 book “The Spitting Image: Myth, Memory and the Legacy of Vietnam”. He served as a chaplain’s assistant in Vietnam and is a member of Vietnam Veterans Against the War.

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Law and Disorder September 25, 2017


35th Anniversary of Palestinian Mass Slaughter in Lebanon Refugee Camps

This month marks the 35th anniversary of the mass slaughter of civilian Palestinians by Lebanese fascists in their Lebanon refugee camps of Sabra and Shatila. The Palestinians who lived in the camps had been driven out of their villages in the Galilee by Israel. They had lived there for hundreds of years until the Zionist colonialists expelled them in 1948. The Israeli Army aided in the 1982 slaughter. The 1982 Israeli invasion of Lebanon, which preceded the massacre, was given the greenlight by the United States. Up to 1982, the Palestine Liberation Organization, known as the PLO, had its headquarters in Beruit, Lebanon. This Israeli Army invaded Lebanon and succeeded in driving the PLO out. The United States gave written commitments to the PLO about protecting the civilian population in order to secure the PLO’s evacuation from Beruit the month before the slaughter at Sabra and Shatila camps.

Israeli Defense Minister Ariel Sharon falsely asserted that there were 2000 terrorists in the camps. US Envoy to Lebanon Morris Draper did not dispute this falsehood. Sharon told Draper that ” We will kill them. They will not be left there. You are not going to save them.” Sharon sent Lebonese fascists into the refugee camps. They silently killed hundreds of Palestinians and Lebanese, mostly women and children and old men, using knives and bayonets. The Israeli Army lit up the killing fields with flares. There was such a worldwide outcry that Israel was forced to set up a commission of inquiry. That commission found that Sharon bore “personal responsibility” for the massacre and recommended that he be dismissed from his post as Defense Minister.

The blowback from these events in Lebanon 35 years ago still echo today in the wars America is conducting in Syria and Iraq.

Guest – Rashid Khalidi, Edward Said Professor of Arab Studies at Columbia University. He is the author of “Under Siege: PLO Decision Making During the 1982 War”. and most recently “Brokers of Deceit: How the US Has Undermined Peace in the Middle East.” Professor Khalidi recently had an article on the Sabra and Shatila massacre in The Nation magazine.

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Community Votes

The Queensbridge House public housing project in Long Island City Queens is the largest such complex in the country. With more than 7,000 residents, it’s a community with little faith in civic engagement. Like other public housing communities, and low-income neighborhoods in general, poor people vote at considerably lower rates than wealthier ones. Many feel apathetic, that the system is rigged, and that their votes don’t matter.

One nonprofit in NYC is using innovative partnerships with community-based social service organizations to conduct nonpartisan voter mobilization so more underrepresented citizens participate in our democracy.

Community Votes is trying to change the culture and mindset of large nonprofit social service agencies so they integrate into their day-to-day operations civic engagement activities. These activities include promoting awareness of elections and issues and encouraging voting and other participation in federal, state, and city policy making. A few years ago Community Votes partnered with the Jacob Riis Neighborhood Settlement, a longtime provider of social services in the Queensbridge Houses, to engage in personalized messaging to mobilize voters. The results were a considerably higher rate of voter turnout in the 2014 midterm elections.

Guest – Louisa Hackett is the director of Community Votes. Louisa founded Community Votes in 2013. Through her work at Community Resource Exchange providing consulting services to New York City nonprofit organizations, she recognized the assets direct service organizations have to turn more citizens into voters.

 

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Law and Disorder September 18, 2017


 

Anthropomorphic Climate Disruption

Devastation caused by hurricanes Harvey and Irma have provided ample opportunity for Democrats to press Republicans on climate change — with the catastrophic storms and wild fire giving tens of millions of Americans an up-front glimpse of the types of devastation we are facing.

Oddly, there’s been little talk in the nation’s capital. Aside from a handful of outliers like Hawaiian Sen. Brian Schatz, leading Democratic politicians have been slow to use the tropical storms to denounce President Donald Trump, who has dismissed climate change as a “hoax.”

That’s a contrast from past storms like 2012’s Hurricane Sandy, when Democratic New York Gov. Andrew Cuomo called the disaster a sign that “climate change is a reality.” Even then-New York City Mayor Michael Bloomberg, an independent, cited the storm and climate change at the time among his reasons for endorsing Barack Obama’s reelection as president.

Democrats appear to be heeding the warnings of Trump appointees like EPA Administrator Scott Pruitt, who said last week that it’s “very, very insensitive to the people in Florida” to talk about climate change now.

Guest – Eleanor Stein, teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental and Atmospheric Sciences Department at SUNY. Eleanor Stein is teaching transnational environmental law with a focus on catastrophic climate change. For ten years she served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.

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John Brennan Named Distinguished Fellow for Global Security At Fordham Univerity’s Law School

Labor Day brought an unwelcome surprise to students and alumni of what the Jesuits proudly call The Jesuit University in the City of New York. Fordham University’s Law School announced that it had named former CIA Director John Brennan Distinguished Fellow for Global Security.

Brennan was a senior official in the CIA during the Bush -Cheney administration. The official record shows he was knee-deep into their programs of secret offshore prisons, torture, and kidnapping.

In fact, in late November 2008, when President-elect Obama was about to appoint Brennan director of the CIA, a category-five hurricane of protest made that politically impossible. For example, the American Psychological Association publicly appealed to Obama not to appoint Brennan because of his role in torture.

So, instead, Brennan played the role of national security adviser – a role in which Obama and he worked together, meeting every Tuesday to draw up lists of who would be killed the following week by missiles from drones.

By 2008, Congress had become so inured to such things that Brennan sailed through confirmation and became CIA director for Obama’s second term.

That Fordham has succumbed to what Jesuits like Dan Berrigan call the “celebrity virus” is abundantly clear in Brennan’s appointment. Fordham is proud to claim him as a college alumnus. And without a hint of shame, its law school is also proud to give him a prestigious appointment.

Guest – Ray McGovern, an alumnus of Fordham and was a high-ranking CIA analyst for 27 years. His expertise was Russia and he had one on one briefings daily with President George Bush. He broke with the government under George W. Bush over the cooked intelligence used to rationalize America’s illegal war of aggression against Iraq and helped form the organization Veteran Intelligence Professionals for Sanity.  His group issued a memorandum to President Obama which demonstrated that the Russians did not hack into the computers of the Democratic Party or Hillary Clinton and did not therefore influence the American election.  http://raymcgovern.com/

Law and Disorder September 11, 2017


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Illegal Preventive War

Sixteen years ago today two hijacked planes flew into the twin towers and another one into the Pentagon. Fifteen of the 19 attackers were Saudi Arabians. They were funded by elements of the Saudi Arabian government. Osama bin Laden, a Saudi Arabian fundamentalist from a wealthy Saudi family took responsibility for the attack. He said he did it for three reasons: The American support of Israel against the Palestinians; the presence of US bases near the Saudi Arabian holy cities of Mecca and Medina; and the US economic and trade sanctions against Iraq which killed 600,000 children.

When the attack occurred, the feckless and unpopular George W. Bush had been in office less than a year. He told his national security advisor to figure out a way to blame the attacks on Iraqi dictator Saddam Hussein. A lie was propounded by Bush , his vice president Dick Cheney, and his secretary of defense Donald Rumsfeld that Iraq had contact with Osama bin Laden and that Iraq was developing nuclear weapons, weapons of mass destruction. First, Afghanistan was bombed, even though it’s leaders offered to turn over Osama bin Laden. Then an illegal war was launched against Iraq initiated with horrific bombings called “shock and awe.” In the following years 1 million people were killed in that country. Half of the population are refugees or internally displaced.

In the wake of the 911 attacks, the Patriot Act was hastily pushed through Congress bringing an American police state closer into being. The war on terror was declared even though terror is a tactic and war is traditionally had been fought against other countries. This has given it a permanent character. A campaign of fear was whipped up. Torture and kidnapping by the CIA was instituted. Eventually the United States under President Obama was fighting six were simultaneously in Iraq, Afghanistan, Syria, Yemen, Libya, and Somalia. Trump continues this aggression.

Guest – Ajamu Baraka, a member of board of directors of Cooperation Jackson, in Jackson Mississippi, editor and contributing columnist for Black Agenda Report, and National Organizer for the Black Alliance for Peace. He recently ran for vice president on the Green party ticket. He is a former board member at the Center for Constitutional Rights and a leader of the United National Anti-war Coalition.

U.S. Antiwar Leaders Call for Actions to Oppose the Escalation of the Afghanistan War During the Week of the 16th Anniversary of the Invasion, October 2 – 8.

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The Bronx 120 and Secor 19

A year ago we reported on the largest gang raid in NY history. It took place, pre-dawn, in the Williamsbridge section of the North Bronx, with 700 law enforcement officers arresting 120 young men  indicted on conspiracy charges using the 1970 RICO Act. In one apartment, more than a dozen police threw flash-bang grenades and broke down the front door with assault weapons aimed at a mother and her two daughters, then forced them to crawl down their hall on all fours toward the officers.

At that time, police held a press conference and characterized the young men as “the epitome of organized crime today.” Cooperating federal agencies included the DEA, the ATF, the US attorney general, and ICE’s Homeland Security Investigations. Community members question this portrayal, saying the young men were not highly organized gangsters terrorizing a community; they lacked money and weapons and were living at home with their parents.

Critics claim that applying RICO to street gangs has racist implications. Under RICO, individuals can be found guilty by association. Despite gang-related crime accounting for less than 2 percent of city crime, two weeks after the raid, James O’Neill, now NYPD Commissioner, promised more raids.

He came through with that promise this past April. Multiple arrests were made at the Boston Secor Houses in the Bronx, and federal charges were brought against 19 young persons. They have been charged with racketeering conspiracy, narcotics conspiracy, robbery conspiracy, extortion, and firearms offenses. We’re joined today by a FAMILY MEMBER of one of the young men arrested.

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Law and Disorder September 4, 2017


U.S. Antiwar Leaders Call for Actions to Oppose the Escalation of the Afghanistan War During the Week of the 16th Anniversary of the Invasion, October 2 – 8.

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Confederate Monuments and The Meaning of the Civil War

The American Civil War fought from 1861 to 1865 killed more Americans than all other wars combined. 600,000 Americans died in a war that was fought over whether slavery was to be abolished in the United States. The Confederate General, Robert E Lee, had only an 1100 acre plantation in Virginia and 60 slaves. The value of a slave was about $30,000 in today’s dollar. Jefferson Davis, the president of the Confederacy, owned a 1400 acre cotton plantation in Mississippi.

The institution of slavery was enormously profitable and led to the establishment of America as a leading capitalist power in the world. Slavery was supported in the south not just by the slave owners themselves but by many white persons who by virtue of their skin color saw themselves as superior to blacks. It was widely believed that black people were inferior to white people, both intellectually and morally. Lincoln issued the revolutionary Emancipation Proclamation in 1863, freeing southern slaves. They began taking up arms and fighting against the slaveowners. In the wake of the Civil War biracial democratic institutions were established in the south. This was overthrown shortly thereafter when the Northern capitalists and politician made a deal with the ex-slave owners in the south. Union troops which were supporting the black population were withdrawn.

Thereafter a system of Jim Crowe segregation was instituted and blacks were nearly reenslaved and used as landless sharecroppers or prison laborers. Segregation was reestablished and enforced by massive terror by whites against blacks. The Ku Klux Klan was founded and thousands of lynchings were undertaken, carried out before the white public who assembled in crowds for the event.

Statues of southern generals like Robert E Lee and monuments to the confederacy were erected, not after the Civil War, but many years later to reinforce Jim Crowe and combat the civil rights movement.

Guest – Bruce Carlin Levine – Civil War historian and University of Illinois Professor Emeritus. His latest book titled “Fall of the House of Dixie” is widely appreciated as one of the best books on the Civil war. “Bruce Levine has taught history at the University of California and the University of Illinois. He has written four books on the Civil War, including The Fall of the House of Dixie (Random House, 2005). He’s now writing a book for Simon & Schuster about the radical Republican leader during the Civil War era, Thaddeus Stevens.”

 

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Joe Aripao, Sheriff of Maricopa County Pardoned By President Trump

Last week President Trump pardoned, without him even requesting it, the infamous Joe Aripao, Sheriff of Maricopa County, which includes the heavily Latino community of Phoenix. Arizona. Sheriff Joe was in office for 26 years. Observers have called it a “reign of terror.”

He himself called his jail a “concentration camp.” He kept prisoners outside in tents with temperatures ranging from 40° to over 100°. Prisoners died at an alarming rate, often without explanation. He paraded hundreds of Hispanic prisoners in chains dressed in black and white stripes through the streets of Phoenix. Another time he force them to wear pink underwear.

He was pardoned by President Trump, who praised him lavishly, after a federal judge found him in contempt of court for ordering his department to arrest people soley because they looked Latino and ignoring a court order to stop. Arpaio was about to be sentenced when Trump stepped in and overrode the judge.

Guest – Professor Ellen Yaroshefsky, she teaches ethics at the law school at Hofstra University. She is a former staff attorney and later board member at the Center for Constitution Rights and a leader of the National Lawyers Guild.

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Law and Disorder August 28, 2017


 

Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America

The spectacle of President Donald Trump and the palace intrigue in the White House has served daily to distract people from the political strategy and accomplishments of the radical right, which is taking over the Republican Party.

Over time, the GOP has been transformed into operation conducting a concerted effort to curb democratic rule in favor of capitalist interests in every branch of government, whatever the consequences. It is marching ever closer to the ultimate goal of reshaping the Constitution to protect monied interests. This gradual take over of a major political party happened steadily, over several decades, and often in plain sight.

Duke University Professor Nancy MacLean exposes the architecture of this change and it’s ultimate aim. She has written that “both my research and my observations as a citizen lead me to believe American democracy is in peril”.

Guest – Professor Nancy MacLean, whose new book, Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, has been described by Publishers Weekly as “a thoroughly researched and gripping narrative… [and] a feat of American intellectual and political history.” Booklist called it “perhaps the best explanation to date of the roots of the political divide that threatens to irrevocably alter American government.” The author of four other books, including Freedom is Not Enough: The Opening of the American Workplace (2006) called by the Chicago Tribune “contemporary history at its best,” and Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, named a New York Times “noteworthy” book of 1994, MacLean is the William H. Chafe Professor of History and Public Policy.

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lordsofsecrecy report1a

Senate Intelligence Committee Torture Report: Attorney Scott Horton

Guantanamo suicides, CIA interrogation techniques, CIA ordered physicians who violate the Hippocratic oath, are topics of some recent articles by returning guest attorney Scott Horton. Last month, he was on Democracy Now to debate former CIA General Counsel John Rizzo on the question of declassifying a Senate Select Committee on Intelligence report about the agency’s secret detention and interrogation programs. His book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy will be published January 2015.

Attorney Scott Horton:

  • I think the results flow directly from the media coverage (ABC poll on Torture report)
  • Now major publications and broadcasters that hedged using the word torture have stopped doing that. There are only a handful of media sources that won’t do it. NPR being one of them.
  • The media also presents roughly twice as much time devoted to people justifying the use of torture techniques to those criticizing it.
  • Barack Obama who should lead the push back has gone completely silent. It’s beyond silent he talked about “tortured some folks” making it very casual, and then he said the torturers were patriots.
  • I thought it was electrifying reading. 90 percent of it I’ve heard about before and still when you read them in this clinical, plain, highly factual style and things were developed with a continuous flow with lots of background in decision making in Washington at the top and how all this effected what happened on the ground.
  • As a consumer of Congressional reports this probably the single most impressive Congressional oversight report I’ve ever seen.
  • It’s an excellent example of what the oversight committee should be doing all the time.
  • They’re doing this with respect to a program which was essentially or very largely wrapped up by October 2006.
  • We’re talking about 8 1/2 years ago.
  • They’re only able to do this kind of review in any depth when its historical, not when its real time oversight, that’s disappointing.
  • One thing that emerges from looking at these reports and the military reports is that there is a huge black hole which has never been fully developed and explored and that’s JSOC, its the military intelligence side.
  • That escaped review within the DOD process and it escaped review in CIA process and its clear that there’s a huge amount there.
  • I certainly don’t expect prosecutions to emerge for the next couple of years in the United States, but I see a process setting in that may eventually lead to prosecutions.
  • On the one hand we’re seeing a dangerous deterioration in relations with Russia, is an aggressor, which has seized territory in the heart of Europe, is waging a thinly veiled war on one of its neighbors. That is very unnerving to the major NATO powers.
  • On the other hand there’s never been a period in the history of the alliance when there is so much upset at the United States.
  • That’s come largely from the rise of the surveillance state and the role of the NSA.
  • I was looking at this report, and we know that in 2006, there was an internal review that led the CIA to conclude that these interrogation techniques were ineffective and the CIA internally decided to seek a large part of the authority for EIT’s and operation of black sites rescinded.
  • Another thing that’s very important here from this report, it tells us that Michael Hayden, George Tenant, Porter Goss and other very senior people at the CIA repeatedly intervened to block any form of punishment of people who are involved with torture and running the black sites.
  • That’s important because of the legal document Command Responsibility. The law says when command authority makes a decision not to prosecute and immunize people involved with torture and abuse, that results in the culpability of these crimes migrating up the chain of command.
  • I interviewed CIA agents who were involved in this program, and they told me they’ve all been brought out by legal counsels office and told – they may not leave the country.
  • That means you’ve got roughly 150 CIA agents, including many people near the top of the agency who can’t travel right now.
  • Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy

Guest – Scott Horton, human rights lawyer and contributing editor to Harper’s Magazine. Scott’s column – No Comment. He graduated Texas Law School in Austin with a JD and was a partner in a large New York law firm, Patterson Belknap Webb & Tyler. His new book Lords of Secrecy The National Security Elite and America’s Stealth Foreign Policy.

Law and Disorder August 21, 2017


Charlottesville, VA Protests Clash: Analysis

Donald Trump and extreme right supporters, outright fascists, white nationalists – suffered a huge defeat Saturday, August 12 in Charlotteville Virginia at a rally called Unite The Right.  Anti-fascist demonstrator 32-year-old Charlottesville paralegal Heather Heyerdahl was murdered when a car driven by a Nazi sympathizer from Ohio ran into her. Nineteen other counter-demonstrators were injured, some of them seriously.

As a consequence of the murder and injuries the fascists and white nationalists were socially isolated even as the United Left welcomed support from a large swath of Americans. Demonstrations were held in many cities and towns across the country.

People jeered Trump at his first New York City homecoming. Hundreds gathered at Trump Tower which was protected by police and twelve garbage trucks. During his campaign Trump clearly refused to disavow ultra-right wing support. After the murder he condemned the violence in Charlottesville laying blame on many sides.

Some 500 fascist and white nationalist forces came together in Charlottesville with the intention on violently suppressing their opponents. They unified around their support of keeping a statue of Confederate General and slave owner Robert E Lee who led the Southern Army from 1861 until 1865 when he finally surrendered to Union General Ulysses S. Grant at Appomattox, Maryland. The South had lost its fight to preserve slavery. More than 600,000 Americans died in this war, more than the combined total of all deaths in all subsequent wars. The ultra-right still embraces this lost cause.

Guest – Jeffrey Fogel, a Charlottesville attorney who has practiced criminal law for many years. He served as Legal Director at the Center for Constitutional Rights before moving to Charlottesville, VA where he recently ran for District Attorney. He was on the scene as a National Lawyers Guild attorney on August 12, 2017.

Guest – Jon Kurinsky is a Chicago activist, he recently gave a speech on the topic of fighting the right at the Socialism 2017 conference in Chicago which had a record attendance of more than 2000 people.

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North Korea, the United States, China and Nuclear Weapons

President Donald Trump scared the hell out of us last week with his threat to nuclear bomb North Korea. He promised fire and fury like the world has never seen. He said this at the time of the 72nd anniversary of the US nuclear bombing of the Japanese city of Hiroshima and then, six days later, the Japanese city of Nagasaki. This was done, not to stop the war, which was coming to an end, but to scare the Russians.

These two bombings killed some 160,000 persons instantaneously and tens of thousands died later of nuclear poisoning. So far, this has been the only time nuclear bombs have ever been used.

That United States had previously been at war with North Korea from 1950 to 1953. More than 3 million North Koreans were killed and the country laid to waste. The war never ended, but an armistice was signed in 1953.

North Korea begin its nuclear program in self-defense after George W. Bush in 2004 named it along with Iraq and Iran as part of “the axis of evil.” Then Bush started the war against Iraq, captured and executed it’s leader Saddam Hussein, and destroyed a viable country killing over 1 million people and scattering refugees across the world.

Guest – Richard Becker is the Western Regional Coordinator of the A.N.S.W.E.R.-Act Now to Stop War and End Racism-Coalition. Becker has been a key organizer of many marches, rallies and public forums sponsored by the A.N.S.W.E.R. Coalition opposing U.S., wars, occupations and sanctions against Iraq, Afghanistan, Palestine, Cuba, Venezuela, Syria, Libya and other countries. Becker is the author of Palestine, Israel and the U.S. Empire, published in 2009. He has visited the Middle East on numerous delegations since 1986, including trips to Palestine, Iraq and Syria. Becker represented the ANSWER Coalition in conferences on Palestinian political prisoners in Lebanon in 2014 and Tunisia in 2016. Recent article in the Liberation.

Law and Disorder August 14, 2017


 

U.S. Employees Agree To Be Microchipped

In 2003, 500 of the largest corporations planned to quietly replace universal product codes or barcodes with tiny Radio Frequency IDentifcation (RFID) microchips, creating the Electronic Product Code or EPC. RFID is a technology that tracks items silently and invisibly by radio waves. Over the years, we’ve reported about how RFID chips embedded in consumer products might be used to track people through the things they wear and carry since radio waves travel right through solid objects and can communicate with reading devices that can be hidden almost anywhere.

Corporations have already started embedding RFID microchips into consumer products for many reasons including shipping, inventory and marketing. Some companies have also been very interested in embedding RFID microchips into human flesh.

Years ago, Applied Digital Solutions tried to sell its “Verichip” human implant as a way to store medical information in people–and even to track senior citizens and corpses. Concerned citizens decried the privacy and security issues, forcing name changes and even the selling off of its human chipping business.

Microchip companies with new names and marketing angles are at it again. Recently, fifty employees with the snack kiosk company Three Square Market in Wisconsin agreed to have a microchip embedded into their flesh.

Guest – Liz McIntyre, a consumer privacy expert who is coauthor of a series of books about the societal implications of microchip tracking technology, including Spychips: How Major Corporations and Government Plan to Track your Every Purchase and Watch Your Every Move. She also promotes privacy as a consultant with the search engine StartPage.com

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PTSD Therapy For Human Trafficking Survivors

Nearly all survivors of human trafficking are affected by post traumatic stress syndrome and have difficulty assimilating back into the society. Most have managed to silently cope with the emotional and physical trauma of their past. The New York-based organization Crossing Point Arts was created help survivors heal through the arts, including singing, creative art and poetry.

The group provides free art workshops supervised by Creative Arts Therapists. The strategy is based on providing learn long-term coping mechanisms and better manage their PTSD symptoms.

Crossing Point Arts has reached nearly 2,000 survivors in art workshops. The workshops are held on the premises of local anti-trafficking agencies as part of a comprehensive program for survivors, which includes housing, legal and medical assistance, traditional therapy, educational guidance and a range of emotional support.

Guest – Anne Pollack is the Crossing Point Arts founder and executive director. Anne is a musician, visual artist, writer, student of dance and an activist. YourFluteWorks

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