Civil Liberties, Human Rights
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Federal Death Penalty Analysis Under President Trump
Donald Trump is on a killing spree, according to an article by noted death penalty expert Austin Sarat in the Guardian. After a 17-year hiatus, Attorney General William Barr restarted the federal death penalty by executing Daniel Lewis Lee on July 14, 2020, even though Lee’s ringleader accomplice received life in prison. Thus far the administration has put ten persons to death with three more executions on the docket in the days before Joe Biden’s inauguration. A new DOJ rule allows the US to use more methods for executions, including firing squads, gas, and electrocution.
William Barr says his justice department is simply upholding existing law. But the timing of the executions is just weeks before Joe Biden takes office, and the uptick in numbers is a departure in past practice. After the Supreme Court reinstated the federal death penalty in 1988, federal executions have been rare.
Guest – Attorney Marc Bookman, an internationally recognized expert in the field of capital litigation. Marc is the Co-Founder and the current executive director of the Atlantic Center for Capital Representation. From 1993 to 2010, he served in the Homicide Unit of the Defender Association of Philadelphia. He has taught at countless death penalty conferences and hands-on trainings across the nation. Marc has published widely on various aspects of capital jurisprudence. He earned his BA from the University of Pennsylvania, and his JD from the University of North Carolina.
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Technology and Activism
During the Trump administration the United States has witnessed an uptick in dissent and activism after a rash of attacks on social services and human rights. As we’ve seen throughout history, a groundswell of youth activism has led the way in fighting for climate protection, racial justice, gun control, and many other critical issues. Driving this increase in activism is accessibility and advancement of specific technologies that help people use mass communication tools more easily and affordably.
At the same time, in the past four years Donald Trump installed a new FCC head with ties to big tech. One of the first orders of business was to get rid of net neutrality—the principle that Internet providers treat all users equally. That means that big tech can’t slow down a student or community blog while affording wealthier companies and advertisers with high speed service. Trump has also banned TikTok and WeChat, and his Commerce Department added the Chinese tech giant Huawei to its “entity list,” which curbed the company’s ability to use American-origin chips, software and other technology.
During the Covid pandemic, the shift to online learning and online physicians’ appointment has witnessed a dramatic increase in cyberattacks which pose a threat to the overall security of our virtual world.
Guest – Ken Montenegro, Technology Director at the Center of Constitutional Right. Before he was the Information Technology Director at Asian Americans Advancing Justice in Los Angeles. He is a long-time activist with grassroots communities and movements, in particular around immigration and racist policing. Montenegro is also the current Executive Vice President of the National Lawyers Guild. He’s a co-founder of the Stop LAPD Spying Coalition and one of the founding members of the Radical Connections Network.
Civil Liberties, Human Rights, Prison Industry, Supreme Court, Truth to Power
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- Commentary from Attorney Jim Lafferty, Host of the Lawyers Guild Show
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The Aftermath And Momentous Turning Points
The year 2020 will be seen as historically momentous, as a turning point in American history. The summer saw mobilizations of tens of millions of people, white and Black, mostly young, from small towns and large cities,under Black leadership and under the banner of Black Lives Matter. This tremendous mobilization was a reaction to the systemic racism and gross inequality that exists in the United States.
The manifestations were followed by the defeat of the cruel racist billionaire demagogue Donald Trump by 6 million votes in the fall election. All the institutions of the ruling elite collaborated to bring about Trump’s defeat. The main stream media, the CIA, the FBI, renegade Republicans, and 131 billionaires all supported Joseph Biden.
Only a tiny number of people refused to support either party candidate. Most of the progressive movement was swept back into the Democratic party seeing it is the lesser of two evils and hoping that change could be wrought from the inside. Will it? Where does social change come from? Historically the Democratic Party has been the graveyard of social movements. Will this continue to be the case?
After he won, Biden posted that “I am the guy that ran against the socialist, OK. I’m the guy that’s the moderate.“
Guest – Jeff Mackler. Jeff is a longtime California bay area socialist activist, he recently authorized “A Manifesto for Our Times: The Challenge to Abolish Systematic Racism“. He is the chair of the Mobilization to Free Mumia Abu Jamal and active in the defense of Julian Assange.
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Complaint Filed Against Judge Demanding Release of Attorney In Chevron Case
Dozens of legal organizations representing more than 500,000 lawyers along with more than 200 individual lawyers submitted a judicial complaint against Judge Lewis A. Kaplan in New York. The violations were directed at human rights lawyer Steven Donziger whose case we’ve been following on Law and Disorder. Donziger, listeners will recall, won a historic judgment against Chevron in Ecuador to clean up the pollution caused by decades of oil drilling with no environmental controls.
The complaint was filed by the National Lawyers Guild and the International Association of Democratic Lawyers (IADL). The Chief Judge of the Second Circuit Court of Appeals, Robert Katzmann, has a duty to read the complaint and determine if he will appoint a committee to investigate and issue findings.
The complaint documents is a pattern of ethics violations committed by Judge Kaplan, a former tobacco industry lawyer.
Kaplan denied Donziger a jury trial, put in place a series of unusual courtroom tactics, severely restricted Donziger’s ability to mount a defense, and detained him at home for more than one year on contempt charges that were rejected by the U.S. Attorney. Kaplan allowed Donziger to be prosecuted by a private law firm that has Chevron as a client. He imposed enormous fines on Donziger that have all but bankrupted him.
The complaint alleges that the “statements and actions of Judge Kaplan over the last ten years show him to have taken on the role of counsel for Chevron … rather than that of a judge adjudicating a live controversy before him.”
Despite accepting jurisdiction in Ecuador, Chevron came back to the US and filed a civil “racketeering” case against the Donziger and all 47 named plaintiffs. They potentially sought $60 billion in damages — the highest personal liability in US history. Judge Kaplan denied Donziger a jury and let Chevron pay a witness at least $2 million while moving him and his entire family from Ecuador to the US. Chevron lawyers coached the witness, Alberto Guerra, for 53 days before Kaplan let him testify against Donziger; Guerra later admitted under oath that he had lied on the stand. Kaplan also refused to let Donziger testify on direct examination.
Twenty-nine Nobel laureates and several human rights organizations have criticized the harassment of Donziger by judicial authorities and have demanded his immediate release.
DonzigerDefense.com
ChevronToxico.com
ChevronInEcuador.com
MakeChevronCleanUp
Guest – Lauren Regan, a member of Steven Donziger’s defense team. She is also executive director of the Civil Liberties Defense Center and a member of the National Lawyers Guild.
Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Supreme Court
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Christian Nationalism Vs The U.S. Constituton
Two weeks ago the United States Supreme Court made a 5 to 4 decision in the case of the Roman Catholic Diocese of Brooklyn and Agadith Israel of America versus Governor Mario Cuomo which reversed a precedent and crashed through the wall separating church and state.
The men who wrote United States Constitution and the Bill of Rights,which separated church and state, were mostly non-Christians. America was not created as a Christian country. That is a myth. Nor was it founded on Judeo Christian principles. This is another myth. The founding fathers were deists. They were products of the enlightenment. They did not believe in a god that played any role in human affairs. They understood from European history the terrible consequences of not separating church and state.
Today’s Christian nationalists and evangelicals, mostly Trump supporters, are relentless in their attempts to tear down the wall of separation. These people have substantial political power. They are much of Trump’s base. They succeeded in getting Amy Comey Barrett appointed to the Supreme Court.
Two weeks ago she along with four reactionary Catholic judges, Alito, Kavanaugh ,Thomas and Gorsuch, prevented Governor Cuomo and his scientific advisors from limiting the number of people who attend Roman Catholic and ultra Orthodox Jewish services in Brooklyn. This decision will cost lives in New York and nationally as it ties the hands of governments trying to limit the human toll of the COVID-19 pandemic.
Guest – Attorney Andrew Seidel, a Constitutional litigator with the Freedom From Religion Foundation and the author of the just published book The Founding Myth: Why Christian Nationalism is Un-American.
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Matt Meyer: Movement Building Post-Trump
In a 2018 Gallup poll half of Americans called the state of moral values in the United States “poor,” and 37 percent say moral values are “only fair.” Over the past four years, a perfect storm of incompetence, misinformation, and reckless decisions by Donald Trump have left a stain not just on moral values but also on democratic institutions and the rule of law. In a chillingly politicized decision, for example, the new overtly right-wing Supreme Court has signaled its preference for religion over public health in its first opinion limiting states’ rights to protect residents from the Covid-19 virus.
As we transition from what no doubt will go down in history as the worst presidential administration in American history, much of the nation is plagued by widespread depression and hopelessness. But bad times for the country provide new opportunities for social justice organizing.
Longtime activist and writer Matt Meyer’s recent blog for Waging NonViolence is called “6 ways to stay focused on movement-building amid the post-election chaos.” He offers concrete suggestions—in effect a moral assignment for the masses– for surviving, and acting—in the wake of four exhausting years under a divisive narcissist.
For more information on David Gilbert
Guest – Matt Meyer, author of several books on resistance and social change chiefly published by PM Press and Africa World Press. He is the Secretary General of the International Peace Research Association, a long-time leader of both the War Resisters League and Fellowship of Reconciliation, the Senior Research Scholar of the Resistance Studies Initiative, and an advisory board member of Waging Nonviolence. He is also on the board of the New York-based A.J. Muste Institute, funding grassroots activist initiatives for half a century.
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Criminalizing Dissent, Human Rights, Iraq War, Political Prisoner, Prison Industry, Torture, Truth to Power, War Resister
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Julian Assange Update With Journalist Kevin Gosztola
The problem of the 2020 United States election between Biden and Trump from the standpoint of defending free national security journalism was that one of them would win. Whereas Trump was a caricatures of the system Biden is its embodiment. He has pledged “nothing will fundamentally change.“ This is the fear of Julian Assange and his defenders.
The Trump administration initiated an indictment against Julian Assange for 17 counts of espionage. Assange revealed U.S. war crimes in Iraq and Afghanistan 10 years ago. Secretary of State Mike Pompeo called his organization, WikiLeaks, which published his whistleblowing articles, “a non-state hostile intelligence entity.”
Biden has called Assange “a high tech terrorist.” Hillary Clinton said “we should drone him.” One of the legal advisors to Biden was a prosecutor in the Eastern District of Virginia and sent whistle blowers, John Karakuo and Jeffery Sterling, to federal prison. He wanted to indict Julian Assange but left office to join a private law firm before he could get around to it
Julian Assange is now in solitary confinement in Britain’s infamous and Covid wracked Belmarsh prison in London. He is in terrible physical and mental shape. The extradition request of the United States has been litigated. We await the judges decision which is expected at January 4.
The defense has submitted their arguments in support of Julian, principally that this is a political prosecution which is illegal under an American British treaty.
Guest – Kevin Gosztola, a journalist who has covered the recent extradition hearing and writing on whistleblowers for many years. He writes for “Substack” and does the podcast “ Unauthorized Disclosure“. He has closely followed the Julian Assange case.
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Release Aging People In Prison Campaign During Covid 19 Risks
As coronavirus positivity rates have been rising nationwide two states—NY and California—have shown vastly different responses. In New York State, nearly 5% of the state’s prisoners have tested positive for Covid 19. Public health experts have warned that to reduce the spread of the virus, prison populations should be cut to 50% capacity.
While Governor Andrew Cuomo has ordered the release of 3,109 New Yorkers, he hasn’t used his power of clemency, either through a pardon of commutation. In stark contrast, Governor Gavin Newsom of California has expedited the release of nearly 9,000 prisoners and issued 55 commutations and 4 medical reprieves between March and November.
In contrast, Andrew Cuomo has granted 2 commutations in January, and another 3 in June. Critics call that number outrageous. Steve Zeidman, who co-directs CUNY Law School’s Defenders Clinic Second Look Project told Gothamist that clemency is “an urgent necessity that is being ignored.” The clinic currently represents 50 people whose clemency petitions await the governor’s decision.
The governor’s office declined to comment on whether he will issue more commutations this year. For the past six holiday seasons, advocates have gathered to plead with Cuomo to commute more sentences. For the most part, he has ignored their pleas.
Guest – Jose Saldana, executive director of Release Aging People in Prison.
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Civil Liberties, Criminalizing Dissent, Human Rights, Supreme Court, Truth to Power
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Human Rights Attorney Steven Donziger Faces Contempt Trial Without Jury, Before Federalist Society Judge
Since the inception of Law And Disorder Radio 15 years ago we have endeavored to chronicle the decline of democracy and the rule of law in our country. A low point has been reached with the prosecution of human rights ex-attorney Steven Donziger who goes to trial in January. He is charged with criminal contempt. He will be tried without the benefit of a jury before Federalist Society right wing pro-corporate Judge Loretta Presca in the Southern District of New York.
Three decades ago Donziger successfully brought a lawsuit against the oil giant Chevron which had contaminated in the area of Ecuador the size of Rhode Island. He won over $9 billion in an Ecuadorian court. Chevron has not paid a penny of the judgment nor has it cleaned up the area it ruined. Lives of thousands of indigenous Ecuadorians have been wrecked by the cancer causing pollution.
Donziger has been targeted by Chevron which has spent hundreds of millions of dollars and used over 2000 lawyers to prevent the paying of the judgment and to victimize Donziger. It attempted to send a message to environmentalists that we will crush you if you try to protect yourself from us. When federal Judge Louis Kaplan, a former tobacco company attorney, found Donziger in contempt of court for refusing to turn over his computer and cell phone to Chevron’s attorneys on the grounds that it contained privileged information on his clients, Kaplan caused Donziger to be disbarred and put under house arrest. Kaplun assigned his friend Judge Presca to try the contempt case against Donziger without a jury. The trial starts in New York City in January.
Guest – Steven Donziger is a renowned advocate, writer, and public speaker with a focus on addressing human rights abuses and corporate malfeasance. He is part of the team working with indigenous and farmer communities in an area of the Ecuadorian Amazon rainforest suffering from high cancer rates and other health ailments related to the massive oil pollution caused by Texaco, now owned by Chevron. In 2011, the affected communities won a historic $9.5 billon judgment against Chevron for the environmental cleanup of what experts consider to be one of the worst oil-related catastrophes in the world. Known for his “Herculean tenacity” (Business Week), Steven has represented the affected communities since first visiting the region in 1993. Steven also founded Project Due Process, a legal advocacy group for Cuban detainees who arrived in the United States in the Mariel boatlift.
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The Dangerous Case of Donald Trump
Two years ago a Yale School of Medicine professor and psychiatrist told Congress that President Trump is mentally unstable, could be dangerous, and could even be involuntarily committed. Bandy Lee argued in briefings that Trump should undergo a capacity evaluation to assess his fitness for duty. Lee argues that Trump may actually be a dangerous person—one who’s shown a “pattern of violent behavior and violent tendencies”—and she’s considered whether the president should be involuntarily committed to a hospital mental-health program. “We can forcibly commit somebody and could be held legally liable if we don’t when the signs are obvious,” Lee told the Atlantic Magazine.
In Trump’s case, the pattern of violent behavior” includes incendiary tweets, comments about groping women on Access Hollywood, his encouraging violence against protesters at campaign rallies, and his defense of white nationalists. Democrat Jamie Raskin of Maryland, one of a dozen lawmakers who have met with Lee, proposed creating an independent commission to determine presidential capacity. “The framers foresaw a time when this could become an issue,” Raskin has said, referring to the 25th Amendment. “And we simply have to have the courage and sense of responsibility to implement the procedure they set up.” Lee has noted that this is a matter of human survival, and that psychiatrists “could be held legally liable if we don’t [speak out] when the signs are obvious.”
Guest – Professor Bandy Lee, forensic psychiatrist, an expert in violence, president of the World Mental Health Coalition and editor of “The Dangerous Case of Donald Trump.”
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Civil Liberties, Human Rights, Supreme Court, Truth to Power, War Resister
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Democrats, Republicans, Vote Counts And The Green Party
We are recording this interview with Margaret Kimberley on November 4th, the day after the election. Over 90 million people voted early. Their ballots are still being counted. Trump doesn’t want them counted and is relying on the Supreme Court to back him up just like the Supreme Court in the year 2000 stopped the counting of ballots in Dade County Florida, thus allowing George W. Bush to steal the election. Trump wants to be able to say, as former Nicaraguan dictator Somoza bragged, “It is true you won the voting. But I won the counting.” The overwhelming consensus on the left was to hold your nose, vote for Biden, and then attempt to influence him when he takes office. Biden kept a low profile during the campaign. He didn’t have much to say programmatically. His strongest appeal was that he was not Trump, whom Noam Chomsky called the most.
The eco-socialist Green Party led by Howie Hawkins and Angela Walker got very little attention from neither the main stream press nor the left of center media. His campaign was vilified with critics stating that a vote for the Greens was tantamount to a vote for Trump. The Democratic Party in Wisconsin went so far as to help successfully prevent Hawkins and Walker from staying on the ballot in that state after Walker changed her home address after her papers were filed. Regardless of how people on the left voted, the immediate question, which is always the key political question, is what are we to do next?
Guest – Green Party supporter Margaret Kimberley, senior editor at the Black Agenda Report and the author of the widely read book ”Prejudential”.
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Pre-Election Unrest and Aftermath
Days before last week’s November 3 presidential election, businesses across the nation boarded up storefronts in anticipation of violent protests. Cities prepared for election-related unrest as activists get ready for what could be weeks of sustained street actions, depending on how the vote count goes and how President Donald Trump acts after his repeated refusals to say if he will accept election results.
At the time of this recording, not surprisingly, results from several states were still pending.
We can be sure, however, that even if Joe Biden is declared the winner, Donald Trump will challenge the results as fraudulent, laying the groundwork for a series of protracted legal battles. But a larger issue remains: While mass uprisings in the streets have altered the social discourse around racism, several larger issues are still at play, determined to keep Donald Trump in office.
Guest – Mara Verheyden-Hilliard with the Partnership for Civil Justice Fund. Mara is one of the nation’s pre-eminent authorities on the policing of First Amendment protected activities including the right to peaceably assemble and associate.
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