Law and Disorder September 9, 2019

  • Updates: Host Reunion: Epstein Update

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CCR Update With Legal Director Baher Azmy

Three years ago Donald Trump ran on a racist nativist platform scapegoating Muslims and Mexicans. He lost the popular vote but won the election through the electoral college and began implementing his scapegoating. First he banned Muslims because the Supreme Court ignored his campaign statements and ruling that he had a right to do it under national security.

The Trump policy has been deliberately cruel, separating children from families, caging immigrants in cold cement floored cells, rightly called concentration camps, and now attempting to deny non-citizens who are here illegally, medical care and other benefits.

Guest – Attorney Baher Azmy legal director of the Center for Constitutional Rights. The CCR is involved in a number of cases seeking to protect immigrants. We will also speak with Attorney Azmy about the current status of the offshore prison island in Guantánamo Bay Cuba and the men who are trapped there in limbo, who have yet to receive trials. Last, we will speak with him about the Al Shamari v. CACI case where the US government farmed out torture to a private corporation.

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Update: Venezuela Under Economic Embargo

In the midst of escalating U.S. aggression toward Venezuela, antiwar activist Gloria LaRiva recently spent a month in that country to observe firsthand the impact on its people.

Gloria joins us today to discuss the crucial issues facing Venezuelans: the U.S. economic sanctions, the U.S. media blockade, and the people’s organizing efforts to overcome the aggression. She’ll talk about the Bolivarian revolution, and how Venezuela is holding up under an economic embargo. https://www.answercoalition.org/

Guest – Gloria LaRiva is an American socialist activist with the Party for Socialism and Liberation and the Peace and Freedom Party. She ran for president in 2008 and again in 2016 with Eugene Puryear and Dennis Banks as her running mates. She has been a driving force in the campaign to Free the Cuban Five and a longtime friend of Law and Disorder. Liberationnews.org

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Law and Disorder September 2, 2019

The Movie SKIN and One People’s Project

In the recently-released 2019 movie SKIN, skinhead Bryon Widner’s body is covered in racist tattoos, each marking a hate crime he committed. His parents Shareen and Fred “Hammer” Krager, run a kind of camp that recruits and trains young men—often lost and hungry–to become white supremacists.

Bryon meets and falls in love with single mother Julie Price. When he begins to realize he wants to give up his hateful habits, he faces a host of difficulties, one of which is the long and painful process of removing many of the hate tattoos that cover his body.

The film follows writer-director Guy Nattiv’s Oscar-winning short film of the same name. In the narrative version, actor Mike Colter plays the film’s true hero, Daryle Lamont Jenkins, who has devoted his life to helping people escape neo-Nazi groups.

Guest – Daryle Lamont Jenkins, founder of One People’s Project, is able to join us in the studio today. Since 1988 Daryle has been documenting and writing about right wing individuals and organizations even back while he was serving as a police officer in the U.S. Air Force. In 2000, he founded One People’s Project out of a counter-protest to a rally in Morristown, NJ. The organization quickly gained the reputation of publicly documenting hate groups and their activities.

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Reforming Sex Offender Laws

The U.S. legal system and sentencing practices rely too often on emotion rather than facts when it comes to defendants with developmental disabilities charged with sex offenses. Sentences for possessing child pornography are severe, and don’t take into account a defendant’s lack of awareness or inability to understand the societal values being punished. This is true for individuals on the autism spectrum whose social intelligence quotient may lag their intelligence quotient.

Two professors want to change that.

St. Francis College professor Emily Horowitz and co-editor and law professor Larry Dubin make the case for reform in their book Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses.

Guest – Professor Emily Horowitz discusses her book and work related to sex offender laws in the United States. Dr. Horowitz is chair of the Department of Sociology and Criminal Justice at St. Francis. She is the author of Protecting Our Kids? How Sex Offender Laws Are Failing Us and founder and co-director of the St. Francis Post-Prison program. Her research on the sex offense registry been widely cited.

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Law and Disorder August 26, 2019

Victory In New York City Wikileaks Case

Truth telling journalist and publisher Julian Assange and his organization Wiki-leaks won a significant First Amendment victory in federal court in New York City on July 29.

As reported by Oscar Grendel in the World Socialists Website, “The decision by Judge John Koeltl of the US District Court for the Southern District of New York rejected that Assange colluded with Russia. It upheld his status as a journalist and publisher and dismissed claims that WikiLeaks 2016 publication of the leaked emails from the Democratic National Committee was illegal.

We speak today with WikiLeaks lawyer Josh Dratel, who represented WikiLeaks, about this victory for civil liberties and freedom of the press and the right of people to know.

Assange is in terrible and declining health in Belmarsh prison in London waiting extradition to the United States to be tried on 17 counts of espionage for publishing in 2010 troves of information leaked to him by Chelsea Manning demonstrating United States committed war crimes in Iraq and Afghanistan.

The July 29 victory came about when the Democratic National Committee of the Democratic Party attempted to sue Assange and WikiLeaks for publishing DNC Emails on the 2016 Hillary Clinton campaign. They showed that the DNC rigged the primary election against Sanders. Clinton was exposed for taking a $675,000 speakers fee, which some described as a bribe, from the investment banking house of Goldman Sachs to whom she pledged loyalty.

The case the DNC brought against The Russian federation, WikiLeaks and Assange, among others, in 2016 was thrown out of court, with prejudice, by federal judge John Koeltl, a Clinton appointee. Attorney Joshua Dratel defended WikiLeaks.

Please write Julian Assange at this address:

Mr Julian Assange
DOB: 3/07/1971
HMP Belmarsh
Western Way
London SE28 0EB, UK

(Follow These Details In Preparing Letter)

Guest – Attorney Josh Dratel heads a renowned New York City law firm and has a national reputation as a trial and appellate lawyer. He graduated Harvard law school in 1981. Dratel is the past president of the New York State Association of Criminal Defense Lawyers. His many honors include the Frederick Douglass award and the Clarence Darrow award from the ACLU of Idaho. He is the co-editor of the book The Torture Papers: the Legal Road to Abu Graib.

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The Case Of Espionage And Billionaire Pedophile Jeffrey Epstein

When he was alive, the major news media characteristically covered the story of Jeffrey Epstein’s huge pedophile sex ring for a brief news cycle. He was in a federal jail in Manhattan awaiting trial and was dropped out of public view. The salacious aspects of his story were covered briefly. Then he died under mysterious circumstances. The story was briefly revived but diverted to conditions in the jail. But there is much more to it.

In 2007 Florida federal prosecutor Alex Acosta went along with a plea deal which allowed Epstein to plead guilty to a Florida state charge involving prostitution with children and was given an extraordinary light sentence. Acosta dropped federal charges were dropped.

When questioned about this Acosta told a Senate committee inquiring about his credentials to become the secretary of labor in the Trump administration that he, Acosta , was told to back off because Epstein was part of the “intelligence community.“

Was he part of an espionage and blackmail operation? For whom did he work?

Guest – Phillip Giraldi, former CIA agent and counterterrorism specialist and military intelligence officer with the CIA. He is currently executive director of the Council for the National Interest. Geraldi has a masters degree and a PhD.

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Law and Disorder August 5, 2019

 

The Silk Road and Ross Ulbricht

It’s been four years since a jury found that then 29-year-old Ross Ulbricht guilty on charges related to operating a Dark Website called the Silk Road that sold, among other things, illicit drugs.

The case was a high profile one, and Rosshad come to be known by some as the face of the Dark Web. He was convicted on seven charges—including a “kingpin” charge—and now-retired Judge Katherine Forrest imposed two life sentences and 40 years… Ross is a young, non-violent, first-time offender serving two life sentences, plus forty years, without parole. He was not convicted of selling drugs or illegal items himself, but rather of creating an e-commerce website that others chose to use for that purpose. No victim was named at trial, and prosecutors had not even sought such a long sentence.

Corruption, abuse, evidence tampering and multiple violations of Ross’s rights cast serious doubt on the legitimacy of Ross’s conviction and sentence within the legal community and with the public.

In a 2016 appeal, defense attorneys outlined a litany of improprieties and abuses in the investigation and trial. Perhaps most serious was that the court precluded information about two corrupt federal agents investigating Silk Road who are now both serving prison sentences for corruption. Last year the Supreme Court denied to consider the case.

Guest – Ross’s mother, Lyn Ulbricht joins us to talk about a petition for clemency to President Donald Trump. Free Ross Ulbricht.

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Attorney Client Privilege

What is the attorney-client privilege? And to whom does it apply? Generally speaking, the privilege is owned by the client and unless the client waived her rights her lawyer is barred not only from revealing any information about the client but even revealing who the client is.

An exception in the case of the FBI raid and Donald Trumps attorneys Office, Home, and hotel room was made on the grounds that there is a fraud exception to the attorney-client privilege. Defenders of the attorney-client privilege, even if it has to do with protecting Donald Trump, have argued that it is illegal and unprincipled for the Justice Department to get a search warrant from a federal magistrate and violate the principle.

Guest – Minneapolis Attorney Carla Kjellberg, has worked with victims of child sexual assault who have sued priests, litigated sensitive family law matters, and worked with unions and political activists.

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Law and Disorder July 22, 2019

Bronx 120 Report 2019 Questions Largest Gang Take Down

Three years ago, on April 27, 2016, SWAT teams and about 700 NYPD officers, with federal law enforcement present, raided the Eastchester Gardens public housing project and nearby homes in the Bronx. One hundred 20 people, almost all young black and Latino men, who were indicted after the pre-dawn raid. Prosecutors called the “largest gang take-down in New York City history.” At the time we covered it on Law and Disorder.

Preet Bharara, then U.S. Attorney for the Southern District of New York, said the 120 were members of two violent, rival street gangs that had “wreaked havoc” in the neighborhood for years and were responsible for at least eight murders. The NYPD police commissioner at the time, William Bratton said: “These gang members do not belong on our streets…Instead they belong exactly where they are going, to federal prison, for many years, where they won’t be surrounded by their buddies, they won’t be close to their families, and they’ll no longer be free to terrorize the neighborhoods in which they grew up.”

Visit – Bronx120.Report

Although the press covered the raids for a few days, over the past 3 years, few journalists have followed up. A new report, published prior to the raid’s third anniversary reveals troubling facts about the prosecution. It also raises questions about due process, the abuse of federal conspiracy charges, and the criminalization of social relationships in communities of color.

Guest – Babe Howell, a co-author of the report and a professor at CUNY School of Law. Professor Howell studies gang policing practices and teaches Criminal Law, Criminal Trial Advocacy and Lawyering Skills. A graduate of Harvard College, Professor Howell received her J.D. from New York University School of Law where she was a Root-Tilden Snow Public Interest Scholar.

Professor Howell’s scholarship focuses on the intersection of the criminal justice system and race. She is particularly interested in the effects of policing of minor offenses and alleged gang affiliations and the impact such policing has on the legitimacy of the criminal justice system and communities of color.

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Period Equity Tax

Thousands of health and personal care items in the United States are exempt from sales tax. That includes items like shampoo, chapstick, and Viagra. But notably missing from that list are menstrual products. To-date only nine states include tampons and sanitary pads from their tax exempt list. Seven more have introduced legislation aimed at doing the same. Three of the seven — Nebraska, Virginia and Arizona — introduced their legislation this year.

In her book, Periods Gone Public, Jennifer Weiss-Wolf chronicles what she calls a lack of “period equity.” She writes that managing menstruation “is a critical aspect of the lives and civic participation of more than half the population,” and should be considered when making policy.

Much of her advocacy has focused on fighting against what’s dubbed the “tampon tax.” It’s an example of women paying a premium for various products, known as the “pink tax.”

While there is no specific tax on tampons, in states that don’t tax medical and health supplies, tampons are excluded from those tax-exempt categories.

Guest – Jennifer Weiss-Wolf, a leading voice for equitable menstrual policy in America, her 2017 book Periods Gone Public lays out a pro-active policy agenda. A frequent contributor to the New York Times, Time, Newsweek, the Nation and other publications, she serves on the boards of Support the Girls,The Cup, and Girls Helping Girls. Period., and is an Advisory Board member of ZanaAfrica Foundation, which provides menstrual health education and products to girls in Kenya. An attorney with expertise in nonprofit management and development, she is a vice president of the Brennan Center for Justice at NYU School of Law.

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Law and Disorder July 15, 2019

The Decline And Fall Of The American Empire

If a modern day Gibbons were to write about the decline and fall of the American empire she would surely feature Trump’s bringing road crushing Abrams tanks and F15 fighter planes into Washington DC. Gibbons wrote about Julius Caesar who brought his imperialistic troops into Rome. To do so they had to cross the Rubicon river. This ended the Roman Republic. Today, July 4, 2019 symbolically marks the American crossing of the Rubicon. You can’t have democracy at home and imperialism abroad. That was the lesson of Gibbons’ three volume history. But that won’t be discussed“ on Fox and Friends” so Trump will remain ignorant. The rest of us should be scared.

If there is a shattering event in our country those tanks and planes will be aimed at us.

Michael Steven Smith – July 4, 2019

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Autonomous Weapons Systems And Laws of War

The Pentagon is developing for future deployment a variety of autonomous weapons systems. They are known as “killer robots“.

They will be active in the air, on the land, and on the sea. Killer robot deployment potentially conflicts with the laws of war. The Navy, the Air Force, and the Army will all have them. The robots will use algorithms and artificial intelligence. Once deployed they can operate for months on their own, monitoring, selecting, and destroying targets, including people.  CampaignToStopKillerRobots.orgArmscontrol.org 

Guest – Professor Michael Klare, Five College professor emeritus of peace and world security studies, and director of the Five College Program in Peace and World Security Studies (PAWSS), holds a B.A. and M.A. from Columbia University and a Ph.D. from the Graduate School of the Union Institute. He has written widely on U.S. military policy, international peace and security affairs, the global arms trade, and global resource politics. His books include American Arms Supermarket (1984), Low-Intensity Warfare (1988), Peace and World Security Studies: A Curriculum Guide (Fifth Edition, 1989; Sixth Edition, 1994), World Security: Challenges for a New Century (First Edition, 1991; Second Edition, 1994; Third Edition, 1998), Rogue States and Nuclear Outlaws (1995), Light Weapons and Civil Conflict (1999), Resource Wars (2001),Blood and Oil (2004), and The Race for What’s Left (2012). His articles have appeared in many journals, including Arms Control Today, Bulletin of the Atomic Scientists, Current History, Foreign Affairs, Harper’s, The Nation, Scientific American, and Technology Review.

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Supreme Court On Partisan Gerrymandering And The Census Question

The underlying premise of our radio program Law and Disorder is in the words of our founder attorney Michael Ratner that democracy and the rule of law are increasingly becoming incompatible with capitalism and imperialism. A terrible example of this is the recent Supreme Court decision on partisan gerrymandering. The majority decision, written by chief justice John Roberts, was joined by his fellow four right wing pro-corporate authoritarian judges Thomas, Alito, Gorsuch and Kavanaugh.

In its unprecedented decision in Rucho v. Common Cause and Camon v. Bemusement Roberts wrote that supreme court would not get involved in election rigging matters, although majority rule is a foundation of American democracy.

In addition to gerrymandering, another anti-democratic strategy practiced historically in the US has been voter suppression. Most infamously, the Democrats did this during the Jim Crow era to prevent recently freed slaves from voting.

Currently the Republican Commerce Secretary Wilbur Ross attempted to suppress votes by including a citizenship question on the census, which occurs every 10 years, and which determines money allocations among other things. In this instance the Supreme Court recently ruled that the question cannot be asked.

Guest – Attorney Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, JURIST, Truthdig, Portside, Alternet, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Her website is http://marjoriecohn.com/