Law and Disorder February 24, 2020

In Defense Of Julian Assange: Attorney Renata Avila

We continue our ongoing coverage of Wikileaks founder Julian Assange, who remains in confinement at London’s high-security Belmarsh prison. Julian is fighting extradition to the United States on 18 charges, including violating the Espionage Act and conspiring to hack government computers. As listeners will recall, the charges are in connection with Wikileaks’ release of thousands of secret cables in 2010.

Guest – Renata Avila, a member of the Julian Assange legal team. Renata is an international Human Rights lawyer from Guatemala, specializing in preserving human rights during the next wave of tech challenges. She is a Board member for Creative Commons, the Common Action Forum and is a Global Trustee of the Think Tank Digital Future Society. She is also a member of the WEF’s Global Future Council on Human Rights and Technology and a Steering Committee Member of the Information Society Advisory Council for the Organization for Economic Co-operation and Development.

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The Prosecution of Julian Assange – CUNY School of Law and UCLA

We listen to two presentations from a panel discussion among leading journalists, attorneys and human rights defenders as the extradition trial in London of WikiLeaks founder Julian Assange is set to begin.

The first speaker is lead attorney Barry Pollack representing Julian Assange speaking at The Prosecution of Julian Assange forum at UCLA.

We then hear from Glen Ford speaking at the CUNY School of Law, Glen is the Executive editor, Black Agenda Report.  He’s a broadcast, print and web pioneer and founding member of the Washington chapter of the National Association of Black Journalists.

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Law and Disorder February 17, 2020

When at Times the Mob Is Swayed, A Citizen’s Guide to Defending Our Republic

Trump was elected by about 25% of the eligible voters. Half of the voters who could have, didn’t vote. He lost the popular election by 3 million votes. Since then, this appalling man has proceeded to aggrandize his power. Backed by large corporations to whom he gave huge tax breaks and for whom he cut regulations, the military to which he just gave a $750 billion budget, a Republican Supreme Court and the right wing media such as Sinclair Broadcasting and Fox News he has maintained a steady base of support in the population.

Increasing a sense of dread has spread across our country, it appears possible that Trump may get reelected. Democracy and the rule of law are increasingly threatened.

Guest – Constitutional Lawyer, Burt Neuborne is the former legal director of the American Civil Liberties Union and has argued many cases before the US Supreme Court. Attorney Neuborne’s book “When at Times the Mob is Swayed” has been recently published by the New Press. He is currently the Norman Dorsen Professor of Civil Liberties at NYU School of Law.

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Amazon Ring Of Surveillance

When it comes to e-commerce, the multinational tech company Amazon.com has laid claim to a huge corner on the market. Now, it’s venturing into the business of surveillance.

Amazon is aggressively pursuing law enforcement partnerships. More than 400 police departments across the nation have already joined forces with the tech giant’s so-called smart doorbell program, called Ring. Part of Amazon’s outreach strategy in gaining new police partners is to play on fears of increasing property crime.

Ring doesn’t just show you who is at your door. It films and records any interaction or movement at owners’ doors, then alerts users’ phones. With partnerships between mega corporations and law enforcement to use new surveillance systems in the public–leaving out community input–come a host of civil liberties concerns, including racial profiling.

Guest – Matthew Guariglia of the Electronic Frontier Foundation. Matthew is a policy analyst working on issues of surveillance and privacy at the local, state, and federal level. He is a frequent contributor to the Freedom of Information-centered outlet Muckrock and his bylines have appeared in the Washington Post and Motherboard.

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Law and Disorder February 10, 2020

Prejudential: Black America and the Presidents

America was settled and set up as a slave owning country. When it broke free of England it was finally able to expand westward, across the Appalachian mountains, committing genocide against the native Indian population. This is the sordid and hidden root history that truth telling historians have revealed to us.

In her new book Prejudential: Black America and the Presidents, author Margaret Kimberley explores America’s relationship with race through the lens of the presidents who have been chosen to represent all the people.

Ten of the 12 initial presidents of the USA were slave owners. Andrew Jackson, whose picture graces our twenty dollar bill, was an Indian killer. Lincoln was never an abolitionist. He wanted America for white people only and had a plan to send the formerly enslaved out of the country. One such plan briefly came to fruition in Haiti.

What about Presidents Roosevelt, Johnson, Clinton and Obama? Were they more sympathetic to the interest of black Americans?

Guest – Margaret Kimberley, a New York-based writer and activist. She has been an editor and senior columnist for Black Agenda Report since it’s inception in 2006. She is a contributor to the anthology In Defense of Julian Assange.

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Unchained At Last: Unarrange A Marriage; Rearrange A Life

Worldwide, increasing numbers of women and men are putting off marriage until they are older. Many are forgoing it altogether. In Denmark, for example, among women in their late 30s or early 40s, 29 percent are unmarried. That’s true for 18 percent in Italy, 22 percent in Lebanon; and 32 percent in Libya.

That’s why the following statistic is so shocking: Each year, before they reach the age of 18, 12 million girls will marry. It happens in every country, and cuts across religions, ethnic, and cultural divides. Over 650 million women alive today were married as girls.

Child marriage is a human rights violation. It places girls’ well-being and personal development at risk. Child brides are often isolated and feel disempowered. They are deprived of their fundamental rights to health, education and safety. Children aren’t physically or emotionally ready to become wives and mothers.

They have heightened health risks, from life-threatening complications in pregnancy and childbirth, to being victims of domestic violence or of contracting HIV/AIDS. They have limited access to education and economic opportunities, and a higher chance of living in poverty.

Guest – Fraidy Reiss, the founder and executive director of Unchained at Last. The nonprofit helps girls and women plan escapes from forced marriages and then rebuild their lives.

 

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Law and Disorder February 3, 2020

Attorneys-Activists Supporting The Defense of Julian Assange

A recent Washington Post op-ed by NSA whistleblower Edward Snowden connected Brazilian prosecutors’ recent decision to file charges against American investigative journalist Glenn Greenwald with the U.S. government’s efforts to prosecute WikiLeaks founder Julian Assange.

Snowden wrote, in part, “The most essential journalism of every era is precisely that which a government attempts to silence. These prosecutions demonstrate that they are ready to stop the presses—if they can.”

Snowden is among many who have spoken out since Greenwald was charged with cybercrime on January 21. Members of the press and human rights advocates have called his prosecution an attempt to intimidate and retaliate against him and The Intercept for critical reporting” about officials in Brazilian President Bolsonaro’s government.

Both Snowden and Greenwald serve on the board of the Freedom of the Press Foundation. Listeners will recall that Greenwald is one of the journalists to whom Snowden leaked classified materials in 2013.

Snowden, who has lived with asylum protection in Russia since 2013, noted that although even some of Greenwald’s critics have recently supported him, Julian has not experienced such solidarity. The Courage Foundation, though, is advocating on his behalf and running his defense fund as he languishes in a London prison, under conditions that have raised global alarm, while he fights against extradition to the United States. DefendWikileaks.org

Guest – Attorney  Debbie Hrbek, founder of Hrbek Law, is working other legal organizations in the defense of Julian Assange. Hrbek Law represents creative professionals, entrepreneurs and artists, including independent labels, writers and managers.

Guest – NYC attorney Nathan Fuller, Executive Director of the Courage Foundation

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Senate Impeachment Trial Analysis

The Democrats appear to have failed in their effort to remove President Donald Trump from office. The Republicans hold a 53 to 47 majority in the Senate, which is trying Trump. A joke going around is that even if Trump shot a senator on the Senate floor he would still win acquittal by a vote of 53 to 47, unless he shot a Republican. Then the vote would be 52 to 47

Trump was charged with withholding congressionally approved military aid to the Ukraine and trying to enlist help from the president of the Ukraine if he, the Ukrainian president, announced a corruption investigation of Joe Biden.

Secondly, Trump is charged with obstruction of justice because of Trump’s not cooperating with the Democratic Party investigation. The Democrats went after Trump on the narrowest of grounds. Trump’s corruption and war crimes were ignored. Trump’s lawyers defended him on the grounds that even if true he did nothing wrong. Then they asserted that a sitting president can block witnesses at his own impeachment trial, an authoritarian notion that destroys the checks and balances system of our constitution.

The failure of the Democrats to impeach Trump will certainly benefit Trump in the upcoming election.

Guest – Aaron Maté is a contributing editor at the nation magazine and has the new Internet show Pushback on The Gray Zone. He won the 2019 Izzy Award for achievement in independent media for his coverage of Russiagate.

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Law and Disorder January 27, 2020

The Founding Myth: Why Christian Nationalism is Un-American

The men who wrote United States Constitution and the first Ten Amendments to it known as the Bill of Rights were mostly not 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, evangelicals who are in truth white nationalists, are relentless in their attempts to tear down the wall of separation between church and state guaranteed by the first amendment. They want a theocracy where their fundamentalist religion rule us. These people have substantial political power. They are much of Trump’s base.

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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United States Supreme Court Cases Roundup

The Supreme Court is poised to hear several highly charged disputes as the justices return to the bench in 2020. It promises to be one of the most politically volatile terms in recent memory.

Since October, when the term opened, the court has heard high-profile disputes over LGBT rights in the workplace, the scope of the Second Amendment, and the deportation status of nearly 700,000 young undocumented immigrants.

The remaining cases on the court’s docket are equally explosive. The justices will confront novel separation of powers questions, including whether to release to investigators the financial records of Donald Trump. The Court will be asked to draw new lines between church and state. And for the first time since Trump’s two nominees joined the court, the justices will hear a case on abortion. profvwolfe.com

Guest – Attorney Zachary Wolfe teaches writing at George Washington University in Washington D.C., before which he worked at the Partnership for Civil Justice Fund. Zak is the editor of Farnsworth on Contracts and author of Hate Crimes Law.

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Law and Disorder January 20, 2020

Human Rights Attorney Michael Tigar

As we enter into the new decade we look back at where we have been, legally speaking, and where we are headed.

2020 began with President Donald Trump illegally and recklessly ordering the assassination of top Iranian general Qassem Suleimani who was on a peace mission in Iraq at the time he was killed by a US drone.

Although assassination has been secretly used by the US government since the formation of the CIA in 1947, Barack Obama, Trump’s predecessor, began the illegal extra-judicial open assassination of people in what was called “targeted killings.“ This included American citizens.

With regard to deportations, the Obama administration set a record by deporting more than 3 million people. Trump has continued massive deportations but also has illegally frustrated and prevented people fleeing political repression from seeking asylum in America, separating children from families and caging them in a process that continues.

The Authorization for the Use of Military Force was voted on shortly after 9/11 to justify the bombing and invasion of Afghanistan. The AUMF has been used illegally to justify the presence of American troops in the Middle East since then. It was recently renewed.

The Patriot Act has also been renewed, allowing for massive US government surveillance of American citizens in the illegal derogation of their Fourth Amendment right to privacy democratic rights and the rule of law are in obvious, unprecedented, serious jeopardy.

Truth telling whistle blowing Australian journalist Julian Assange, in the most important first amendment civil liberty case, is about to be extradited from London to Virginia where he faces espionage charges. The issue is his right to be a journalist and our right to know. If convicted he will go to prison for life destroying investigative journalism in areas the government deems “national security.“

The peoples’ constitutional right to impeach a president is also in jeopardy. The Democratic party’s attempt to remove Donald Trump from office is sure to fail because of Trump and the Republicans’ refusal to honor the constitution and allow for a fair trial in the Senate.

Trump has appointed hundreds of reactionary judges to the federal trial and appellate benches. A woman’s right to control her own body, decided in the famous case of “Roe vs Wade”, will be decided by the Supreme Court whose ranks have been bolstered by two additional reactionary judges, Gorsuch and Kavanaugh.

The separation of church and state and the separation of powers are also in jeopardy.

Guest – Human rights attorney Michael Tigar, a veteran of 1960s activism. He’s appeared many times before the Supreme Court, taught law at three schools and has written numerous books including the now classic, Law and the Rise of Capitalism and most recently Mythologies of State and Monopoly Power.

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