Law and Disorder July 3, 2023

 

Indictments Unsealed Against Julian Assange

Press freedom is under constant attack both in the US and across the world. One of the highest profile battles on this front has been the one waged against award-winning Australian journalist, publisher, and founder of the nonprofit media organization, Wikileaks: Julian Assange.

In 2010, in partnership with five newspapers, Wikileaks published a series of documents and other media provided by US Army intelligence analyst Chelsea Manning, including classified documents evidencing war crimes committed by US forces during its war in Iraq. The US has since unsealed indictments against Assange, charging him with a number of crimes that we’ll be discussing today.

Contact: Vinnie De Stefano
National Organizing Director
Assange Defense
580 N. Sierra Madre Blvd.
Pasadena, CA. 91107

Currently, Assange is languishing in a maximum-security prison in London, struggling to maintain his physical health, his sanity, and his connections with loved ones. And in the meantime, an international movement of human rights and press freedom advocates are desperately fighting for his freedom, and against his potential extradition to the United States.

Guest – Stephen Rohde is a constitutional law scholar, author and past Chair of the ACLU of Southern California. He’s also founder and Chair of Interfaith Communities United for Justice and Peace and a regular contributor to the Los Angeles Review of Books, TruthDig and LA Progressive.

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Weaponizing Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn

Asa Winstanley has written an important book titled Weaponizing Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn. His book has a lessons for those working for social justice in the United States.

Corbyn and the socialists in the Labor party in England were crushed by the mounting of a massive campaign cynically labeling Corbyn as an antisemite. It was a preposterous charge that stuck. The neo- liberal Labor party changed after the influx of several hundred thousand young people and elected long time socialist activist, Jeremy Corbyn as its leader in 2015.

Despite the huge campaign against him, led by the Israeli lobby, Corbyn was almost elected as the Prime Minister in 2017. Had he won, the history, not only of England, but of the world would’ve been different. Over the years Corbyn became popular especially among hundreds of thousands of young people who had recently joined the labor party.

He got his start in the trade union movement. He spoke out against racism and fascism and for immigrant rights. He opposed privatization cuts, and austerity. He campaigned against wars and military occupations. Asa Winstanley writes that “probably more than anything else, Corbyn was known among activists for his involvement in the Palestine, solidarity movement.“

The possibility of Corbyn being elected terrified the right and its allies. The Israeli lobby’s campaign against Corbyn got help from British intelligence, the entire British media, the right wing of the Labor party and even the CIA.

The most powerful, well-healed part of the American pro-Israeli Lobby is AIPAC, The American Israeli Public Affairs Committee. “Justice Democrats” wrote that it is a sinister right wing group. They supported Donald Trump, endorsed 106 insurrection Republicans, and spent millions to defeat progressives targeting and trying to intimidate black and brown women candidates across the country, threatening to spend against them if they even slightly criticize Israel’s far right apartheid policies.“ They conflate criticism of the Israeli apartheid state of with antisemitism.

How Jeremy Corbin Was Ousted By The Israeli Lobby – Michael Smith

Guest – Asa Winstanley is an investigative journalist and author who writes primarily about Palestine and the Israeli lobby. He lives in London. He is an associate editor with “The Electronic Intifada”, the worlds’ leading Palestinian news site in the English language. Asa Winstanley is cohost of The Electronic Intifada.

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Law and Disorder June 24, 2023

Peace Plan? Biden Administration Continues Full Support Of Escalation In Ukraine War

Sixteen months ago, Russia launched an illegal invasion of Ukraine, albeit in the context of a history of threats to its security by NATO countries. It is estimated that as of February, Russia has suffered 189,500 to 223,000 casualties and Ukraine has suffered 124,500 to 131,000 casualties.

Meanwhile, the United States and its allies continue to provide Ukraine with all the weapons it requests and impose increasingly harsh sanctions on Russia. But there appears to be little appetite in the U.S. for a ceasefire and negotiations to end the bloodshed.

Guest – Phyllis Bennis  is a fellow of the Institute for Policy Studies, where she is the director of the New Internationalism Project and works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.

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Peace In Ukraine: Peace Groups Convene In Vienna Austria To End Ukraine War

For the first time since the Russian invasion of Ukraine, peace groups from around the world convened — on June 10 and 11 in Vienna, Austria. Their mission was to discuss creative solutions and to promote negotiations to the Russia-Ukraine war. Groups included the International Peace Bureau, CODEPINK, Europe for Peace, International Fellowship of Reconciliation, Peace in Ukraine Coalition, Campaign for Peace Disarmament and Common Security, and several Austrian peace groups. Conference attendees grappled with controversial issues related to Russia’s aggressive invasion of Ukraine.

Representatives discussed the devastating consequences of this war on their countries. The conference concluded with an urgent global appeal, the “Vienna Declaration for Peace,” calling on all sides to work toward a ceasefire and negotiations. Retired U.S. Army Colonel Ann Wright noted, “For those of us in the U.S., it is important to remind our elected leaders that we want peace in our world, not war, and for them to get moving on peace talks.” The former U.S. diplomat added, “The U.S. is a belligerent in this war, just like Russia and Ukraine, and our taxes are funding the deaths of Ukrainians and Russians.”

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

Hosted by Attorneys Heidi Boghosian and Marjorie Cohn

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Law and Disorder June 19, 2023

 

Remembering South Dakota Senator Jim Abourezk

South Dakota senator Jim Abourezk was an important figure in American politics. He died four months ago at age 92. Abourzeck was the son of immigrants from Lebanon. He grew up on the Rosebud Sioux Indian reservation. Politically he was part of the radicalization of the 60s. He served one term in the US House of Representatives and another in the United States Senate. Elected in 1973, Abourezk fought for policies that are crucially relevant today. He was against American imperial power and opposed the war in Vietnam. He tried to rein in the murderous CIA. He attempted to break up the powerful of big oil companies. He fought for Native American rights, normalization of American relations with Cuba, a government the USA has been trying to overthrow since the Cuban revolution of 1959.

After six years, despite extreme pressure from those who supported him, he left the Senate. disgusted by the power wielded by the monied influence of big business. Jim Abourezk went back to South Dakota and back to the his law practice. Jim Abourezk founded the Arab-American anti-discrimination committee because of the oppression Arabs faced both of United States and abroad, particularly in Palestine.

Guest – Charlie Abourezk, from Rapid City, South Dakota and is a trial attorney, longtime activist and community organizer in the native American community in South Dakota.   He is also a documentary film maker, his most recent is the feature length documentary “A Tattoo On My Heart: The Warriors of Wounded Knee 1973” which played on public television stations around the United States. He is the current Chief Justice of the Rosebud Sioux Tribe’s Supreme Court and a member of the South Dakota Advisory Committee to the US Commission on Civil Rights. His client base is made up largely of Native Americans, tribal schools and Indian tribal governments, but he also represents plaintiffs in civil rights litigation.

Guest – Alya James – Architectural Designer living in New York City.

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Former San Francisco DA Chesa Boudin Teaching At Berkeley Criminal Law and Justice Center

We turn to the subject of the criminal justice system – or, as a growing number of advocates refer to it, the criminal legal system. One reason for the name change is because it’s clear that our system of policing, prosecuting, judging, and sentencing rarely brings about justice. After all, our system was born nearly 250 years ago, at a time when slavery was legal and only white men with property could participate in public life, including voting. Non-white people were thought of as less than human, and women were afforded little if any autonomy apart from the men in their lives.

Since then, we’ve tried to correct course with laws and constitutional amendments that aim to protect everyone equally from the abuse of government power. But real-world statistics show that still – in 2023 – the criminal legal system does not treat all defendants equally, and not all defendants are presumed innocent until proven guilty. Black men, for example, are arrested more, charged more, and given higher sentences than others in similar circumstances.

Guest – Chesa Boudin, founding executive director of Berkeley Law’s new Criminal Law & Justice Center is embarking on a new journey to study, brainstorm, experiment and transform for the better how the criminal legal system operates. He is uniquely suited for this new role, since he’s had experience not only in the public defender’s office representing criminal defendants, but also as the former District Attorney of San Francisco. And he’s unique in the legal profession for another reason: when he was just 14 months of age, he was separated from his parents, radical activists David Gilbert and Kathy Boudin. They were serving very long prison sentences for their part in an armored truck robbery which went astray and where three people killed. He saw firsthand the harmful impact of incarceration on those inside, as well as their families, communities, and society as a whole. These experiences informed his studies as a Rhodes scholar and as a student at Yale, his work as a lawyer, and most importantly, as a devoted husband, father and son. @berkeleylawcljc

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Law and Disorder May 29, 2023

The Nakba Didn’t End in 1948, It Continues to Impact Palestinians Daily

On May 15, Palestinians marked the 75th anniversary of al-Nakba, which means “the catastrophe” in Arabic. On that date in 1948, Israelis ethnically cleansed nearly 750,000 Palestinians from their lands and destroyed more than 500 Palestinian towns and villages. In addition, on May 15, for the first time ever, the UN General Assembly officially condemned the Nakba.

May 15 was also the day that Israel and Palestinian Islamic Jihad agreed to a ceasefire brokered by Egypt to stop the violence that resulted in the deaths of 33 Palestinians and 2 Israelis. The Israeli assault on Gaza was the sixth such attack since 2007, when Israel imposed a permanent siege on Gaza, controlling the ingress and egress of Palestinians.

Israel maintains an illegal occupation of Palestinian territory. And the United States enables this occupation by providing $3.8 billion in military aid to Israel each year.

Guest – Michel Moushabeck, is a Palestinian American writer, editor, translator and musician. He is the founder and publisher of Interlink Publishing, a 36-year-old, Massachusetts-based, independent publishing house. Michel wrote the article titled, “The Nakba Didn’t End in 1948, It Continues to Impact Palestinians Daily,” which was recently published by Truthout.

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Junior ROTC In High Schools: Pressure To Join

On her first day of high school, Andreya Thomas and several other freshmen at Detroit’s Pershing High School learned they were enrolled in a class called J.R.O.T.C., or Junior Reserve Officers’ Training Corps. School administrators told them the program was mandatory.

Funded by the U.S. military, the program required students to wear military uniforms in class, recite patriotic declarations, and obey orders from an instructor who often yelled at them. When several tried to drop the class, school officials refused permission, even though the Pentagon says that requiring students to take the programs runs counter to its guidelines. The New York Times recently learned that thousands of public-school students were enrolled in J.R.O.T.C. either as a requirement or through automatic enrollment. Most of the schools with high enrollment numbers were attended largely by nonwhite students and those from low-income households.

Critics of Junior ROTC say that the program’s militaristic discipline prioritizes obedience over independence and critical thinking. And as we reported earlier on Law and Disorder, and now noted by the Times, the program’s textbooks often rewrite or downplay the failings of the U.S. government. With its concentration in schools with low-income and nonwhite students, some claim J.R.O.T.C. encourages students to enlist in the military rather than explore other routes to college or jobs in the civilian economy.

Guest – Rick Jahnkow works for two San Diego-based anti-militarist organizations, the Project on Youth and Non-Military Opportunities, or YANO, and the Committee Opposed to Militarism and the Draft. We spoke earlier with Rick about YANO’s J.R.O.T.C. textbook review project.

Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz

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Law and Disorder May 22, 2023

American Crusade: How the Supreme Court is Weaponizing Religious Freedom

America was not founded as a Christian nation. Church and state were separated. The founding fathers were mostly deists, not Christians. They did not believe in a personal all powerful God that knew everything and intervened in human affairs

They separated church and state because they understood from European history that bad and bloody results resulted when the government acted in the name of God.

All this is changing in America now under the thumb of a right wing activist politicized majority on our Supreme Court. They were put there by an extremely well funded well organized conglomeration of ultra right wing figures and organizations. They have an agenda and they are carrying it out.

The newest Supreme Court Justice Amy Coney Barrett had a message for new lawyers. She said being a lawyer “is but it means to an end. … and the end is building the kingdom of God.“ This ascendant ultra-right wing can best be described as white Christian nationalists. These white Christian nationalists have won significant victories and are on roll. Taking away a woman’s right to control their own bodies in the recent overturn of Roe versus Wade is just the latest example. They have stacked the federal courts and particularly the Supreme Court where they have a 6 to 3 majority.

Guest – Andrew Seidel, author of American Crusade: How the Supreme Court is Weaponizing Religious Freedom. He is a constitutional attorney with more than a decade of experience arguing about religion and law as a vice president at Americans United for Separation of Church and State and a director at the Freedom From Religion Foundation He is the author of “The Founding Myth” the definitive book which demonstrates that America’s not founded by Christians as a Christian country.

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John Pilger: The Coming War With China

Is China a threat to (the United States)? Is the fear being stirred up about China legitimate? We speak with 83-year-old renowned journalist, author, and documentary filmmaker John Pilger from his home in Australia about his most recent article The Coming War With China.

China has the second largest economy in the world. It will soon be the first. In response to China’s commercial threat the United States of America has responded militarily by surrounding the Chinese industrial heartland with 400 bases in what has been called “a noose“. The USA has some 1100 bases around the world, China has six.

President Obama initiated a multi trillion dollar vast nuclear buildup. This was coordinated with what he termed “a pivot towards Asia.” Most of the U.S. Navy now patrols the waters off of China. Tensions have been exacerbated with respect to who governs Taiwan.

The US Government has shored up it’s military alliances with the surrounding countries around China of South Korea, Japan the Philippines, and Australia, The USA is selling billions of dollars worth of nuclear submarines to Australia.

We live in a country whose government has been in a perpetual war the last 3/4 of a century, except with a brief interlude after its 20 year old war Vietnam ended in defeat. 3 million Vietnamese died in the American war.

Guest – John Pilger covered that war as a young reporter and understood that it was based on the lie that Lyndon Johnson told falsely stating that the North Vietnamese had attacked an American ship in the Gulf of Tonkin. Another 1 million people died in the Iraq war That war was based on the now well known lie that Saddam Hussein had weapons of mass destruction that he was going to use against us and that he was responsible for 911. A similar campaign of fear mongering is going on now about China. The major news media parrot the government’s fact free line that China is our enemy. In his article “The Coming War With China” John Pilger wrote “a US war against China beckons and we have a responsibility to speak out. We know what is coming. Silence must be broken.”

Hosted by attorneys Michael Smith and Maria Hall

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Law and Disorder May 15, 2023

Justice Thomas Fails To Disclose Luxury Gifts From Billionaire Harlan Crow

It has recently come to light that rightwing billionaire and GOP megadonor Harlan Crow paid for decades of luxury travel, gifts, and family property for Clarence Thomas, a member of the U.S. Supreme Court. Crow sits on the board of the neoconservative American Enterprise Institute, a conservative think tank that frequently files amicus briefs in pending Supreme Court cases.

In 2019, Crow flew Thomas to Indonesia in his private jet and funded a nine-day island-hopping cruise aboard Crow’s superyacht, a trip valued at more than $500,000, nearly double Thomas’s annual salary.

But in spite of the Ethics in Government Act’s requirement that federal judges disclose gifts over $415, Thomas failed to file such a disclosure.

In 2004, Thomas refused to recuse himself from a case in which Crow’s real estate company was being sued, despite a federal law requiring federal judges to recuse themselves when their impartiality might reasonably be questioned.

And in 2021 and 2022, Thomas failed to recuse himself from cases involving the January 6 insurrection and Donald Trump’s efforts to overturn the results of the 2020 presidential election, even though Thomas’ wife Ginni was a prominent organizer of the “Stop the Steal” campaign.

FixtheCourt.com

While a Code of Conduct binds lower federal court judges, members of the Supreme Court are bound by no such code of conduct.

Guest – Professor Ellen Yaroshefsky is the Howard Lichtenstein Professor of Legal Ethics and Director of the Monroe Freedman Institute for the Study of Legal Ethics at the Maurice A. Deane School of Law at Hofstra University. Ellen is the longstanding co-chair of the Ethics Advisory Committee of the National Association of Criminal Defense Lawyers and the former co-chair of the American Bar Association’s Ethics, Gideon and Professionalism Committee of the Criminal Justice Section.

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The Right to Housing In California

The state of California has been described as ground zero in a national housing crisis. Plagued by escalating housing costs, lack of affordable housing stock, and stagnating wages, more than half of the country’s unsheltered residents and a quarter of all unhoused people live in California, even though state residents comprise just 12% of the nation’s population. Humanitarian concerns there disproportionately impact Black and Brown residents. To address this crisis, California legislators have introduced constitutional amendment proposals that would enumerate the right to housing in the state constitution.

In a recent report, “Recognizing the Right to Housing,” the ACLU and other organizations assert that guaranteeing every person the right to housing provides an important government obligation and legal tool to ensure that Californians have access to affordable and adequate housing. Such a rights-based approach will bolster California’s existing Housing First policy, based on decades of empirical evidence that houselessness is best remedied by access to permanent and stable housing, with minimal requirements for entry. A 2020 poll shows that 60% of Californians support the constitutional amendment.

Guest – Attorney Kath Rogers from the ACLU of Southern California. Before joining the ACLU, Kath was Program Manager and Adjunct Professor at the University of Southern California, where she co-authored the housing report. She also served as Executive Director of the National Lawyers Guild Los Angeles. Kath’s legal work has included defending unhoused clients and activists, and co-counseling on a federal constitutional class action lawsuit, Arundel v. City of San Diego, challenging the criminalization of houselessness. It resulted in a settlement to change discriminatory policing practices.

Hosted by attorneys Heidi Boghosian and Marjorie Cohn

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