Civil Liberties, Human Rights, Surveillance, Truth to Power
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Data Collection Experiment: Google’s SideWalk Labs In Toronto
Last year Law and Disorder featured a segment on Sidewalk Labs, a data-oriented smart city in Toronto. Sidewalk Labs is a firm owned by Google parent company Alphabet. We covered critics’ concerned about residents’ privacy and how data would be used.
Last week, Sidewalk labs has released a 1,500-page development proposal for its planned “smart” neighborhood. They claim it will integrate physical, digital, and policy innovations to take on affordability, sustainability, quality of life and generate economic opportunity. Critics assert, this is an experimental model for a surveillance state and covert data collection.
Sidewalk Lab’s plan is a radical departure from the principles that have guided city planning in Canada since citizen participation and accountability came to the fore in the era of renowned Canadian-American urban planner Jane Jacobs.
Mariana’s recent article.
Guest – Mariana Valverde, Professor at the Centre for Criminology & Sociolegal Studies at the University of Toronto. She’s an urban studies scholar whose research interests include public-private partnerships, governance and infrastructure.
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Impeachment Analysis Of President Donald Trump
Special counsel Robert S. Mueller III’s May statement on his investigation and report revived calls to impeach President Donald Trump. Such calls rest on solid legal ground. There is already more than adequate evidence supporting at least seven articles of impeachment – four more than President Richard M. Nixon would have faced had he not resigned in 1974.
Trump obstructed the administration of justice by attempting to fire Mueller, to curtail his investigation; he ordered White House counsel Donald McGahn to falsify the record to conceal these attempts. He fired FBI Director James B. Comey because of “Comey’s unwillingness to publicly state that Trump was not personally under investigation. He also sought to protect himself from an investigation into his campaign,” because he knew it would uncover facts about the campaign and the President personally that Trump could have understood to be crimes or that would give rise to personal and political concerns.”
He tried to dissuade Michael Flynn, Paul Manafort, Michael Cohen, Roger Stone, and other witnesses from cooperating with the government. The non-cooperation of Manafort and Stone made it impossible to establish the exact nature of the relationship between the Trump campaign and the Russian government.
All of those are violations of Article I of the Constitution, and Trump has violated Articles II through VII, as well.
So the internal debates are not about the legal grounds. They pertain to strategy. And these debates are fracturing alliances among liberals and the left.
Guest – Attorney Abi Hassen is a criminal defense attorney, technologist and co-founder of the Black Movement-Law Project. He was formerly the Mass Defense Coordinator at the National Lawyers Guild and a union and community organizer. His podcast is Against the Law. Against The Law Podcast Link
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq Veterans, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
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Lawyers You’ll Like: Attorney Nancy Hollander
Occasionally Law And Disorder has featured interviews with significant attorneys. We call this segment of the show Lawyers You’ll Like. One such attorney is today’s guest, Nancy Hollander. She has been practicing criminal defense lawyer in Albuquerque, New Mexico and has been a partner since 1980 in the law firm of Freedman, Boyd, Hollander, Goldman, Urias, and Ward.
Nancy Hollander‘s practice has largely been devoted to representing individuals and organizations accused of crimes, including those involving national security issues.
She was one of the attorneys in the landmark Holy Land Five case. She won whistle blower Chelsea Manning’s release in 2017 when President Obama commuted her sentence from 35 years to seven years. Although not currently representing Manning she has met with her recently. Manning has been jailed for two months for refusing to cooperate with a grand jury in Virginia which is investigating Julian Assange of WikiLeaks. Manning released the famous Iraqi war log video showing American war crimes in Iraq to Julian Assange of WikiLeaks. He is in prison in London awaiting extradition and trial in Virginia where he faces 175 years in prison if convicted of Espionage Act violations. She represented Mohamedou Ould Slahi, whose release she obtained after he served 15 years in Guantanamo without ever being charged.
Write to Chelsea Manning:
Chelsea Manning – AO181426
William D. Truesdale Adult Detention Center
2001 Mill Road
Alexandria, Virginia 22314
Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.
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Supreme Court: Cable Companies Can Limit Public Access
Last month United States Supreme Court in a 5 to 4 decision written by Brett Kavanaugh decided that TV cable companies can, in the words of our guest, losing plaintive DeeDee Halleck, “censor whatever, whoever, and whenever they want.”
Cable companies like Manhattan Neighborhood Network can now limit public access that carry TV shows to be available in hundreds of cities and towns.
The Supreme Court held that Manhattan Neighborhood Network is not subject to First Amendment constraints, that the free-speech clause of the First Amendment prohibits only governmental, not private abridgment of speech and that MNN is a private company.
Judges Cavanagh, Robert, Thomas, Alito, and Gorsuch is found against the free-speech argument of Halleck and her co-plaintiff Jesus Melendez. Judge Sotomayor wrote the dissent which was joined in on by Ginsberg, Breyer and Kagan.
Guest – Deedee Halleck one of the plaintiffs in this case and among the top media activists. She’s co-founder of Paper Tiger Television and also the Deep Dish Satellite Network, the first grass roots community television network. She is Professor Emerita in the Department of Communication at the University of California at San Diego.
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Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry
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Keep the Wretches In Order: America’s Biggest Mass Trial, the Rise of the Justice Department, and the Fall of the IWW
Before World War I, the government reaction to labor dissent had been local, ad hoc, and quasi military. Sheriffs, mayors, or governors would elevate strike breakers to deputies or call out the state militia, usually at the bidding of employers.
At the time, one of the nations largest unions was the Industrial Workers of the World, also known as the Wobblies. The IWW had members in critical industries across the country. In April 1917, when the United States entered the war, the government feared the threat of a labor strike from such a large number of workers that would put in danger or even hold up war production.
Officials in the relatively young Department of Justice determined that a more coordinated strategy would be necessary. To prevent stoppages, the DOJ embarked on a sweeping new effort – replacing gunman with lawyers. The department systematically targeted the IWW, resulting in the largest mass trial in US history. The first of four indictments named 166 defendants in September 1917. The Chicago trial started with 112 men accused, sitting on bleachers, with one small defense team and a judge and prosecutors who did not know their names or faces. As the case unfolded, it became an exercise in raw force, raising serious questions about its legitimacy and revealing the fragility of a criminal justice system under pressure from banks and industrialists who supported the war.
Guest – Attorney Dean A. Strang, criminal defense lawyer in Madison, Wisconsin, and an adjunct professor at the University of Virginia School of Law is author of the new book Keep the Wretches In Order: America’s Biggest Mass Trial, the Rise of the Justice Department, and the Fall of the IWW talks about how the case laid the groundwork for a fundamental different strategy to stifle radical threats and played a major role in the shaping of the modern Justice Department. He is also the author of Worse than the Devil: Anarchists, Clarence Darrow, and Justice in a Time of Terror
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Two Members Of MOVE 9 Released From Prison After 40 Years
After 40 years in prison, Janine Phillips Africa and Janet Holloway Africa were recently released from SCI Cambridge Springs in Pennsylvania after a long fight for parole. Members of the so-called Move 9, 63-year-old Jane and 68-year-old Janet were arrested and imprisoned for a crime they say they did not commit after a police siege of their home in August 1978.The two were the last of four women to be paroled or to die behind bars.
Listeners may recall that Move members lived in Philadelphia in a communal house with founder John Africa. Move championed equal treatment for African Americans and an abiding respect for nature and animals.
Their attitudes brought them into conflict with neighbors and police. After a siege lasting several months, on August 8, 1978 officers went in to clear the group from the property. In the melee, Officer James Ramp was shot and killed. Despite the fact that Move claimed they were unarmed and that Officer Ramp was killed by friendly fire, the five men and four women were each sentenced to 30 years to life.
Guest – Attorney Brad Thomson with the People’s Law Office in Chicago. Brad was one of the attorneys securing the women’s release. Brad’s work at People’s Law Office has focused on civil rights litigation against the Chicago Police, including suits for wrongful conviction, false arrest, police shootings and other cases of police brutality. In addition, he has represented prisoners and criminal defendants, focusing on cases of people charged with crimes based on their political activity.
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CIA Sponsored Terror, Civil Liberties, Cuba, Human Rights, Truth to Power, War Resister
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Analyzing Recent Abortion Legislation
Halfway through 2019 nine states have already passed bills to limit abortion. Louisiana recently passed a ban on the medical procedure after a fetal heartbeat is detected. That makes it the 9th state in 2019 year to pass abortion restrictions that could challenge the constitutional right established in Roe v.Wade.
Alabama legislators also recently voted to ban abortions in nearly all cases. Other measures, like Louisiana’s, have limited the procedure to earlier in pregnancy, typically around six weeks.
Georgia, Kentucky, Louisiana, Missouri, Mississippi and Ohio stopped short of outright bans. They’ve passed so-called heartbeat bills that effectively prohibit abortions after six to eight weeks of pregnancy. That’s when doctors usually start detecting a fetal heartbeat. Utah and Arkansas voted to limit the procedure to the middle of the second trimester.
Most other states follow the standard set by the Supreme Court’s 1972 Roe decision, which says abortion is legal until the fetus reaches viability, usually at 24 to 28 weeks.
The latest bans are not yet in effect (Kentucky’s was blocked by a judge), and all bans are expected to face protracted court battles. What does all this mean? More states are considering and will likely pass measures similar to that in Louisiana in an attempt to challenge Roe v. Wade.
Guest – Attorney Elisabeth Smith from the Center for Reproductive Rights. Elisabeth is their Chief Counsel for State Policy. Before that she was Legislative Director at the ACLU of Washington where she was the Legislative Director.
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Cuban Revolution 60th Anniversary And The 1996 Helms-Burton Act
July 26, 2019 marks the 60th anniversary of the Cuban revolution. On that date revolutionary troops led by Fidel Castro and Che Guevara marched into Havana. The American supported dictator Batista fled to the Dominican Republic. Other rich Cubans went to Miami. At that time the wealth of Cuba, it’s vast fertile sugarcane and tobacco fields, it’s oil refinery, its phone company, were owned by US corporations and a handful of wealthy Cubans.
To obstruct the revolution, the US owned oil refinery stopped providing oil so there was no gasoline. In response, the Cuban revolutionaries nationalized the refinery, then the phone company, the nickel mines, and the vast land holdings. This was the beginning of the Cuban revolution The Cuban government offered to pay the owners for the nationalized property in the amount that the owners had listed the properties for tax purposes. The owners refused to take the money. Since then the American government has waged economic warfare on Cuba.
In an escalation of this warfare Last week we saw the instigation of the dormant title III section of the anti-Cuba 1996 Helms-Burton Act. This law permits US citizens to sue anyone anywhere in the world in American Courts for using property legally expropriated by the Cuban government after the revolution. Expropriation of a foreign owned property is legal under international law so long as the owners are compensated.
In addition to the invocation of the Helms-Burton law the US government has ended people to people travel to Cuba and drastically reduced the amount of money Cuban Americans living in the US can remit to their families on the island.
Guest – Netfa Freeman, policy analyst with the Institute for Policy Studies and an Organizer in the International Committee for Peace Justice & Dignity.
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Censorship, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Iraq War, NSA Spying, Political Prisoner, Prison Industry, Torture, Truth to Power, War Resister
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Daniel Ellsberg: Julian Assange’s Case And The Doomsday Machine
Two weeks ago the Trump administration announced it had indicted Julian Assange in the Eastern District of Virginia on 17 counts of violating the 1917 Espionage Act. Assange is currently in the Belmarsh prison hospital in London. If extradited, tried, and convicted he faces 175 years in prison.
The Espionage Act is a 102 year old law used initially to imprison the great socialist Eugene V Debs for an anti-World War I speech he gave in Canton, Ohio and also used to crush the industrial workers of the world, the IWW, a large antiwar union at the time.
In 1971 it was famously used against Daniel Ellsberg who released the Pentagon papers to the New York Times and other media outlets. Lately the Espionage Act has been used against many truth telling whistleblowers during the Obama and Trump administrations.
This is the first time it is being used against a journalist.
Wikileaks Defense Funds:
Guest – Daniel Ellsberg, educated at Harvard and Cambridge and has been an activist since the 1970s. Ellsberg’s latest book, The Doomsday Machine, is an extensive study of nuclear theory and nuclear policy. In 2018 he was awarded the Olaf Palme prize for his “profound humanism and exceptional moral courage.
From 1957-59 he was a Junior Fellow in the Society of Fellows, Harvard University. He earned his Ph.D. in Economics at Harvard in 1962 with his thesis, Risk, Ambiguity and Decision. His research leading up to this dissertation—in particular his work on what has become known as the “Ellsberg Paradox,” first published in an article entitled Risk, Ambiguity and the Savage Axioms—is widely considered a landmark in decision theory and behavioral economics.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Supreme Court, Surveillance, Torture, Truth to Power, War Resister
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Updates:
- Two MOVE9 Members Released From Prison
- Julian Assange Update
- Never Get Rid Of Newspapers…The Headlines Alone Make Them Worth Keeping
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Suicide Increase In The United States
Suicide ranks among the top ten leading causes of death in the United States. As rates have generally fallen in other developed nations, the number of suicides per 100,000 rose over 30 percent between 1999 and 2015.
Those in midlife had the largest uptick in suicide. Researchers find that two social factors have contributed to this trend: the weakening of the social safety net and increasing income inequality.
One study of suicide in the U.S. found that the rising rates were closely linked with reductions in social welfare spending between 1960 and 1995. Such expenditures include Medicaid, a medical assistance program for low income persons; Temporary Assistance for Needy Families, which replaced Aid to Families with Dependent Children; the Supplemental Security Income program for the blind, disabled and elderly; children’s services including adoption, foster care and day care; shelters; and funding of public hospitals for medical assistance other than Medicaid.
While their suicide rates are on the decline, three European nations still have rates higher than the U.S. They are Belgium, Finland and France.
Guest – Stephen Platt, Emeritus Professor of Health Policy Research at the University of Edinburgh, UK. His research focuses on the social, epidemiological and cultural aspects of suicide, self-harm and mental health. He is an adviser on suicide prevention research and policy to NHS Health Scotland and the Scottish Government, the Irish National Office for Suicide Prevention and Samaritans.
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