Law and Disorder November 6, 2023

Israel’s Unfolding Crime of Genocide of the Palestinian People & U.S. Failure to Prevent and Complicity in Genocide

We’re now in week four of Israel’s massive military assault against the people of Gaza and the West Bank, which began in response to Hamas’s brutal attacks in Southern Israel on Oct. 7th, which killed 1,400 people and resulted in more than 200 people being taken hostage.

Israel contends the military bombardments are justified as self-defense. But others, such as Secretary General of the United Nations Antonio Guterres, insist that although the attacks by Hamas on Oct. 7 were “appalling,” Israel’s “collective punishment” of civilians cannot be justified under humanitarian laws.

Worse, according to the global charity Save the Children, in the past three weeks, more children have been killed in Gaza than in all of the world’s conflicts combined in each of the past three years. Defense for Children International-Palestine reported that 40% of the Palestinians killed in Gaza are children, and that as of October 30, Israeli forces have killed at least 3,450 kids, and over 1,000 more are missing.

On October 18, 2023, the Center for Constitutional Rights (also known as CCR) published an emergency legal briefing called, Israel’s Unfolding Crime of Genocide of the Palestinian People & U.S. Failure to Prevent and Complicity in Genocide. The 44-page document provides a sobering legal and historical analysis of the current situation in Israel, the West Bank and Gaza.

We are so grateful to have with us two members of CCR’s legal team working on the legal analysis of genocide.

Guest – Astha Sharma Pokharel, CCR staff attorney who specializes in international humans rights and in challenging racial and environmental injustice, and has represented individuals targeted for their Palestine solidarity advocacy.

Guest – Sadaf Doost, an attorney and Bertha Justice Fellow at CCR. Sadaf focuses on human rights in the context of Afghanistan and Palestine, and challenges unlawful detentions at Guantánamo Bay and environmental racism in Cancer Alley.

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Class Action Anti-Trust Case Against Metropolitan Museum of Art

George Grosz was a German artist whose work very effectively satirized the new Nazi regime in Germany for the thugs and buffoons that they were. As a consequence, he was forced to flee to New York City, where he taught for many years at the prestigious Art Student League. Our guest today, Bob Cenedella, was his student and later a teacher at the league. Like his mentor, Bob Cenedella is a political person and a fine artist. His work has not been acquired by any museum. Nor does he have representation by a gallery.

Five years ago Cenedella brought a class action anti-trust lawsuit against the Metropolitan Museum, the Museum of Modern Art and others in New York City. The basis of his lawsuit brought on behalf of himself and others, was that the museums, along with the galleries and auction houses control the art market and made it almost impossible for artists who expressed political sensibilities to be recognized or adequately compensated.

In his lawsuit, Cenedella says that “ I, firmly believe it has become my duty and responsibility to expose, what I believe to be, the corporate museum cartel for the role they play in the manipulation of the overall art market. The system today – put in place by galleries, auction houses, and art critics– has nothing to do with talent, development of skill, or maturation of the art world. I am taking extreme, legal measures – suing the museums – not just for myself, but for the innumerable other deserving artist as well.” Contemporary art has become a “Con”and “temporary .“

Guest – Robert Cenedella has been a member of the New York City contemporary art scene for more than four decades. He studied with George Grosz at the Art Students League of New York where he taught for many years. Cenedella‘s art work, as M.K. Flavell writes in her biography of Georg Grosz. “Chronicles the every day life and the change in rituals and mythologies of sex, sports, art, politics, money, making in contemporary America, with a combination of imaginative, vitality, precision, and humor.“ His lawsuit was dismissed by a federal court in New York City. Contact : artmutt (at) aol (dot) com

Hosted by attorneys Michael Smith and Maria Hall

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Law and Disorder October 30, 2023

Trilateral Security Alliance Meet to Request Assange Extradition

Australian Prime Minister Anthony Albanese was in Washington last week meeting with Joe Biden. They discussed AUKUS, the trilateral “security” alliance between the U.S., UK and Australia, which is a bulwark against the perceived threat from China. AUKUS seeks to transfer U.S. and British nuclear submarine technology to Australia. But Australia’s support for a potential U.S. war against China over Taiwan, which China considers part of China, is not a foregone conclusion.

Also reportedly on the agenda for the high-level meeting was the U.S. request for extradition of WikiLeaks founder Julian Assange, who is an Australian citizen. Assange has been held for four years in a high-security London prison. He is facing 175 years in prison if extradited, tried and convicted in the U.S. for charges under the Espionage Act for revealing evidence of U.S. war crimes.

Albanese and a multi-party coalition of the Australian parliament, as well as 90% of the Australian population, want the prosecution of Assange dropped. Assange’s freedom is “widely seen as a test of Australia’s leverage with the Biden administration,” according to the Associated Press.

AssangeDefense.org

Guest – Stephen Rohde, is an author and social justice advocate who practiced civil rights and constitutional law for more than 45 years, including representing two men on California’s death row. He is a founder and current chair of Interfaith Communities United for Justice and Peace, former chair of the ACLU Foundation of Southern California and former national chair of Bend the Arc, a Jewish Partnership for Justice. He is also a board member of Death Penalty Focus and is active in the Los Angeles branch of Assange Defense. Steve is the author of an article published last week by LA Progressive titled, “Is Biden Willing to Damage Relations With a Staunch Ally Like Australia in His Headlong Prosecution of Julian Assange?”

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State Laws Governing Deep Fake Videos

Artificial intelligence-generated fake videos, known as “deepfakes,” have become increasingly prevalent and sophisticated. This technology manipulates both audio and visual elements to fabricate fictitious events. In 2019, Deeptrace, an AI firm, identified a total of 15,000 deepfake videos online. Shockingly, 96% of these were of a pornographic nature, with 99% involving the superimposition of female celebrities’ faces onto pornographic content, also known as “face-swapped pornography,” all done without the celebrities’ consent. However, it’s important to note that non-celebrities are also frequent targets of deepfake abuse. Particularly concerning is the fact that women are often singled out, with AI tools and apps readily available that enable users to digitally remove clothing from their photos or insert their faces into explicit videos. These tools are easily accessible and require no specialized technical skills. Equally troubling is the fact that most of the time the women who are deepfake targets are neither aware of nor consent to their images being used in this way.

Social media platforms have become fertile ground for deepfake scams. Deepfakes are employed for various malicious purposes, including gaining a political advantage, spreading fake news, and disseminating “revenge porn.” In the case of pornographic videos, offenders may use deepfakes to groom, harass, or extort their victims. Additionally, deepfakes can be utilized to bully individuals or steal their identities. It’s worth noting that, although AI-generated deepfakes can appear highly realistic, most of them exhibit certain inconsistencies. These may manifest as peculiar facial features, awkward placements, or unnatural postures and movements. Creating deepfakes is a time-consuming and labor-intensive process, which results in most of them being relatively short in duration.

The prevalence of deepfakes has grown significantly, more than doubling between 2022 and the first quarter of 2023. In response to this trend, the FBI issued a warning in 2023 about “sextortion schemes” in which criminals collect photos and videos from social media platforms to produce “sexually themed” deepfakes, which they then use to extort money from their victims.

Guest – Criminal defense attorney Nicholas Toufexis joins us to talk about the impact off deepfake pornography on victims and the current state of the law governing these videos. Nick is a partner in the Texas law firm Saputo Toufexis Criminal Defense.

Hosted by Attorneys Heidi Boghosian and Marjorie Cohn

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Law and Disorder October 21, 2023

 

American Jews Redefining Judaism

Israeli war planes are bombing the northern half of the Gaza Strip, reducing everything – hospitals, mosques, schools, homes – to rubble. Those who survive the march south may be driven into the Sinai desert. More than 1 million Palestinians had lived there. They have been ordered to vacate their homes and walk south on pain of death. Food, water, electricity, and medical supplies have been cut off to these people, half of whom are children. This is being facilitated by American military, financial, diplomatic, and media support.

Guest – Rabbi Brant Rosen is the leader of the congregation Tzedek Chicago whose members are not Zionists and who oppose the historic Zionist project of dispossessing the native Palestinians forcing them out of their homeland. The attention of the world today is focused on the tiny northern half of the Gaza Strip. Tsedek Chicago’s website states that “during the course of his rabbinate, Rabbi Brant Rosen became an increasingly vocal activist for justice and human rights, particularly in Israel/Palestine. After publicly wrestling with his relationship with Israel and openly questioning his lifelong Zionism, he eventually became a prominent Jewish presence in the Palestine solidarity movement cofounding the Jewish Voice for Peace rabbinical council .“

Rabbi Brant’s writings have appeared in many journals and publications, including Newsweek, the Chicago Tribune, the Jewish Forward, Tikkun, and Truthout. Tikkun, magazine editor Rabbi Michael Lerner wrote that Rabbi Brant Rosen is “at once a courageous rabbi and the voice of a new generation of American Jews who are refusing to allow the right wing voice of the Jewish world to define Judaism.“

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Christian Fascism Poised To Reshape The United States

Our guest today claims that we are far down the road that leads to fascism in the United States, and he places the blame at the feet of the liberal class to halt the corporate assault on working people that has spawned an ascendant Christian fascism that is poised to seize power and radically reshape America. As he says in his article of October 8th, “the parting gift, I expect, of the bankrupt liberalism of the Democratic Party will be a Christianized fascist state.

The Liberal class, a creature of corporate power, captive to the war industry and the security state, unable or unwilling to ameliorate the prolonged economic security and misery of the working class, blinded by a self-righteous woke ideology that reeks of hypocrisy and disingenuousness and bereft of any political vision, is the bedrock on which the Christian fascists, who have coalesced in cult-like mobs around Donald Trump, have built their terrifying movement.”

Guest – Chris Hedges, award-winning journalist and political writer reported for The New York Times from 1990 to 2005 and served as the Times’ Middle East Bureau Chief and Balkan Bureau Chief during the wars in the former Yugoslavia. In 2001 Hedges was one of the Times’ writers on an entry that received the 2002 Pulitzer Prize for Explanatory Reporting. Prior to his work for the Times, he worked as a freelance war correspondent in Central America for The Christian Science Monitor, NPR, and the Dallas Morning News. His books include Death of the Liberal Class, War on America, Days of Destruction, Days of Revolt, and his book War Is a Force That Gives Us Meaning, which was a finalist for the National Book Critics Circle Award for Nonfiction.

Hosted by attorneys Michael Smith and Jim Lafferty

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Law and Disorder October 16, 2023

International Community Call For Cease Fire As Civilians Targeted And Generations Under Siege In Israel, Gaza

On October 7, Hamas fired 2,000 missiles from the Gaza Strip into Israel, and sent hundreds of fighters into Israel, killing hundreds of Israeli civilians. Israel retaliated with overwhelming force – bombing Gazan civilians, homes, mosques, hospitals, schools and civilian buildings. As we record this interview on October 11, Israel is reportedly planning to mount a ground offensive in Gaza with 360,000 Israeli reserve troops poised to invade.

As of today, at least 1,200 Israelis and 950 Palestinians have been killed and tens of hundreds have been wounded on both sides.

Israeli Prime Minister Benjamin Netanyahu declared war on Hamas but Israel’s actions reveal that Israel is mounting war on the Palestinian people as a whole – especially in Gaza.

Targeting civilians constitutes a war crime under the Geneva Convention, regardless of who commits them.  And if we’re serious about stopping all war crimes, it’s crucial that we under the context. Hamas’s offensive was launched in the context of decades of the Israeli apartheid regime and settler colonialism.

Guest – Phyllis Bennis, a fellow at the Institute for Policy Studies, who serves as the International Adviser for Jewish Voice for Peace, and is a member of the national board of Veterans for Peace. Her most recent book is the 7th updated edition of “Understanding the Palestinian-Israeli Conflict: A Primer,” published in 2018. Phyllis wrote a new article in The Hill titled As Israel and Gaza Erupt, The US Must Commit To Ending The Violence – All The Violence.

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Investigating The Assassination Of Palestinian American Journalist Shireen Abu Aqleh

The Zionist colonial settler state of Israel is not the moral legatee of the victims of the Holocaust much less the moral legatee of the ancient prophets of the Jewish people. Never has this been more evident than with the exposure of the Israeli army’s assassination of the beloved Palestinian American journalist Shireen Abu Aqleh. Assassination is a political murder.

Shireen had covered the Israeli military’s occupation of the West Bank for Al Jazeera for 25 years. The day she was killed she was reporting on the Israeli military invasion of Jenin, an Arab town on the West Bank occupied by the Israeli army for 55 years. She was wearing a helmet and a protective vest marked “PRESS.”

It is the practice of the Israeli army to shoot journalists and otherwise suppress the truth of their war crimes including the illegal theft of Palestinian lands. Israel’s brutal occupation has been going on since it illegally seized the West Bank as a prize of the 1967 war between Israel and three of its neighbors.  Since then the Israeli military has ruled the native Arabs. Shireen is the 86th journalist to be killed while covering Israel’s illegal occupation since 1967.

The murder of Shireen was not adequately exposed by the U.S. press. The United States supports Israel politically, ideologically, economically, and morally.  The U.S. gives the state of Israel more than $3.8 billion a year in weapons. Shireen was killed by a high-velocity armor-piercing 5.56 mm bullet fired from a Ruger Mini-14 semi automatic rifle – a weapon made in the U.S.

Israel has refused to conduct an investigation of Shireen’s assassination, because it “would provoke opposition and controversy within the IDF [Israeli Defense Force] and in Israeli society in general,” according to the Israeli government. Although complaints have been filed in the International Criminal Court against Israel, the court does not appear to have the political will to thoroughly investigate those charges.

There is an apocryphal story of three rabbis dispatched from a Zionist congress in Vienna many years ago to report back on the situation in Palestine. They reported back that the bride is beautiful but she’s married to another man.

The claim of the Zionist is that Israel was built on a land without a people for a people without a land. This is Israeli propaganda. This propaganda is less and less swallowed by the new generations in the United States and Europe as they witness Israel taking over more and more of historic Palestine and attempting to prevent the truth of what they are doing from coming out.

Guest –  Columbia University Professor Rashid Khalidi is a Palestinian American historian of the Middle East, the Edward Said professor of Modern Arab Studies at Columbia University, and Director of the Middle East Institute of Columbia School of International and Public Affairs. He was educated at Yale and Oxford universities and is the author of many books on the Middle East. He is also the author of Under Siege: PLO Decision Making During the 1982 War, Brokers of Deceit: How the US Has Undermined Peace in the Middle East and recently The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017.

Hosted by attorneys Heidi Boghosian, Michael Smith and Marjorie Cohn

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Law and Disorder October 9, 2023

Homelessness, Free Speech Cases Before U.S. Supreme Court

Today we look at two issues coming before the Supreme Court in its just opened 2023-24 term. First, we’ll discuss two cases whose outcome will determine the future of free speech online, when it considers the constitutionality of laws passed in Texas and Florida that, if allowed to stand, will severely restrict social media companies from removing certain political posts or social media accounts.

We then take up the matter of whether or not the Court agrees to hear a case where California’s Governor Newson, and officials from other states, ask the Supreme Court to overrule Martin-v-Boise, a Federal Appeals Court case protecting the rights of the unhoused to sleep outside on public property if there are no adequate alternatives available.

Guest – Stephen Rohde, a noted constitutional scholar and activist. He is the past chair of the ACLU Foundation of Southern California; the founder and current chair of Interfaith Communities United for Justice and Peace; the author of American Words of Freedom and the book, Freedom of Assembly. Steve Rohde is also a regular contributor to the Los Angeles Review of Books, TruthDig, and a leader in the national campaign to free imprisoned investigative journalist, Julian Assange.

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Right Wing Billionaires Want New US Constitution

Our current Constitution was written in Philadelphia in 1787. It could be replaced by something draconian. We are in eminent danger of the curtailment of the federal government’s ability to protect the environment, consumers and civil rights. This includes barring Congress from delegating rule making to federal agencies like the Environmental Protection Agency and placing caps on federal spending that would trigger massive cuts.

Now right wing billionaires such as Charles Koch, a fossil fuel industry giant, and right wing foundations, think tanks, and organizations have been steadily organizing at the state legislative level to call a new Constitutional convention and replace what we’re living under now with something very bad.

If this happens, such a convention would allow an unelected, unaccountable delegates free reign, to rewrite our Constitution – imposing an extreme right wing agenda on the entire nation, with no recourse or oversight

This could all happen by 2025. All it takes is 2/3 of the states to declare they want a new Constitutional convention. The right wingers are only six states shy at this point.

Guest – David Armiak is research director with the Center for Media and Democracy. David joined CMD in 2015 and has conducted extensive investigations on dark money, corporate corruption, and right-wing networks. He is responsible for filing and analyzing hundreds of public records requests every year.

Hosted by attorneys Michael Smith and Jim Lafferty

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Law and Disorder October 2, 2023

Tens of Thousands Of Armenians Forced To Flee Their Homes

Two weeks ago, the small mountainous Republic of Artsakh was vanquished by Azeri military forces. It happened with such haste that thousands of its predominantly ethnic Armenian population had just minutes to abandon their homes.. This followed on the heels of an Azerbaijani blockade that left Armenians without food, fuel, and medicine. Artsakh has been the site of a decades-long protracted battle between Muslim and Turkish Azerbaijanis and Christian Armenians. The conflict began when Armenia and Azerbaijan were under Soviet rule. After both nations gained independence, the conflict escalated into full scale war. That war ended in 1994, with an independent Artsakh, the Armenian name for Nagorno-Karabakh, and Armenia in control of a wide swath of Azerbaijan.

Unverified reports of mass killings and rape roused fears of a repeat of the 1915 Armenian genocide by the Ottoman Empire. The first genocide of the 20th century, it was the systematic destruction of the Armenian people and identity during World War I. The genocide ended more than 2,000 years of Armenian civilization in eastern Anatolia. Along with the mass murder of Assyrian/Syriac and Greek Orthodox Christians, it enabled the creation of the Republic of Turkey. While the Turkish government denies the slaughter of Armenians was genocide, as of 2023, 34 countries have recognized the events as such.

Guest – Alex Galitsky is the Programs Director at the Armenian National Committee of America. Alex’s opinions and analysis have been published in major media outlets, including Newsweek, the Los Angeles Times, Foreign Policy, and The Hill. He has worked at the local, state, and federal levels to advance policy and legislation to protect the rights of the Armenian people nationally and internationally. ANCA Action Center

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National Museum of the American Latino Controversy

In 2020, Congress appropriated funding to create a National Museum of the American Latino. Last year, the Smithsonian Institution opened a temporary preview exhibition inside the National Museum of American History. The show was slated to be the largest federally funded Smithsonian exhibit on Latino civil rights history. The nation’s top Latino historians and veterans of the movement gave input. It was to feature student walkouts, school integration initiatives, and environmental and immigration activism.

Instead, it has become the focus of controversy within the Latino community over how Latinos in the United States should be portrayed. The Smithsonian has nixed the show; in its place will be an exhibit on salsa and Latin music.

That’s because Republican lawmakers and others challenge what one conservative writer described last year in The Hill as an “unabashedly Marxist portrayal of history.” Right-wing Latino political activists and Cuban-American politicians like Florida Congressman Mario Diaz-Balart voted to defund the museum.

The controversy comes as the Smithsonian is trying to raise funds to build the museum at estimated $800 million. Of this, $58 million has been raised to date.

Two historians were hired to develop the exhibit on the Latino civil rights movement of the 1960s for the museum. Felipe Hinojosa a history professor at Baylor University in Texas and Johanna Fernández, the associate professor of history at the City University of New York’s Baruch College.

Guest – Professor Felipe Hinojosa is the author of Apostles of Change: Latino Radical Politics, Church Occupations, and the Fight to Save the Barrio. His research areas include Chicana/o and Latina/o Studies, American Religion, Race and Ethnicity, and Social Movements. Prof. Hinojosa serves on the Advisory Board for the interdisciplinary, peer-reviewed, and online moderated forum Latinx Talk

Hosted by attorney Heidi Boghosian

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