Law and Disorder May 27, 2019

Museum of the City of New York

The Museum of the City of New York has two terrific exhibits, one permanent, on social change activism at the Puffin Foundation gallery, the other, just up on May 1st, called “city of workers, city of struggle“, also sponsored by the Puffin Foundation.

The great American social historian Howard Zinn wrote that significant social change comes from below. These two exhibits demonstrate this.

If you live in New York or plan to visit the city you might like to check them out. And for you far away listeners you’ll get a good virtual visit by going to the museums website at mcny.org

The permanent exhibit on social change activism is most relevant in today’s dire times of climate change and threatened nuclear catastrophe. The exhibits show by way of photos, documents, and videos how 14 past struggles were conducted and the gains that were won.

They include exhibits from the movement to abolish slavery, and the civil rights movement up to Black Lives Matter. Other exhibits bring to life anti-nuclear organizing, climate change activism, and the success of the mass mobilizations that won over public opinion and ended the war in Vietnam. Although the activism exhibit is permanent it is not unchanging. Right now a new section has been put up covering the struggle of trans people.

A second gallery exhibit, which opened on May 1, examines how the labor movement transformed New York. Called “city of workers, city of struggle” the exhibit shows how New York City, after two centuries of struggle, became the most unionized large city in the United States.

Guest – Steven H. Jaffe, Ph.D. the curator who organized the labor movement exhibit at the Museum of the City of New York.

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Current Analysis Of U.S. Threats Against Iran

In late 2017 and early 2018 Iran was shaken by a wave series of protests. Economic hardships from austerity measures spawned demonstrations that spread to more than 80 cities and towns, in a public showing of discontent not seen since the 2009 presidential elections there. American policy is aimed at exacerbating the hardships.

After the signing of a historic nuclear agreement in 2015, American and Iranian diplomats grew acquainted in a departure from the past when they weren’t allowed to talk. Many were hopeful that more talks on other topics might happen, including conflicts in Afghanistan, Iran, Syria and Yemen.

But then Donald Trump became president he pulled out of the nuclear deal and blamed Iran for the Middle East’s problems. He added Iran to the list of countries whose citizens would be banned from entering the United States. He designated the Iranian revolutionary guard is a terrorist organization.

He put severe economic sanctions on Iran causing terrible hardships to its citizens. He is trying to limit their sale of oil. He sent an aircraft carrier to the region and recently threatened to obliterate the country.

Guest – Phyllis Bennis  is a fellow of the Institute for Policy Studies, where she works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.

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Law and Disorder May 20, 2019

Venezuelan Embassy Protected Against Staged Attacks In DC

Democracy and the rule of law are being rapidly unraveled in our country by President Trump, his advisers, especially convicted war criminal Elliot Abrams, who was put in charge of policy in Venezuela, and John Bolton, who said that if the top 10 floors of United Nations building were lopped off it wouldn’t make any difference, and with the support of the rightist insurgent Republican Party.

The latest example is the American government’s failed attempt military coup in Venezuela and its support of the ongoing attack on the Venezuelan embassy here in Washington DC.

On April 30th, the United States tried and failed to overthrow the democratically elected Venezuelan president Nikolai Maduro. They fail to supplant him with Juan Guaidó, the self-proclaimed a president who’s only real power is outside of Venezuela and comes mostly from the Trump administration.

Back home in Washington DC right wing counterrevolutionaries in support of Juan Guaidó have so far failed in their attempt to take over the Venezuelan embassy. Under centuries of international law the embassy is considered the property of Venezuela itself.

Last week the Washington DC utility company, undoubtedly at the request of the US government, turned off the building’s water electricity supply. Washington DC police and the Secret Service are preventing people from bringing food and water into the embassy. A number of American citizens, acting in support of democracy in Venezuela, entered the building to protect it against an invasion by coup supporters. They are also demonstrating outside of the building. The embassy protectors are being represented by attorney Mara VerhaydenHilliard of the Washington DC Partnership For Civil Justice.

Popular Resistance, Answer Coalition, Code Pink

Guest – Attorney Mara Verheyden-Hilliard has in the past successfully sued both the Washington DC police department and the New York City Police Department for their abuse demonstrators. She is co-chair of the Guild’s National Mass Defense Committee. co-founder of the Partnership for Civil Justice Fund in Washington, DC, she secured $13.7 million for about 700 of the 2000 IMF/World Bank protesters in Becker, et al. v. District of Columbia, et al., while also winning pledges from the District to improve police training about First Amendment issues. She won $8.25 million for approximately 400 class members in Barham, et al. v. Ramsey, et al. (alleging false arrest at the 2002 IMF/World Bank protests). She served as lead counsel in Mills, et al v. District of Columbia (obtaining a ruling that D.C.’s seizure and interrogation police checkpoint program was unconstitutional); in Bolger, et al. v. District of Columbia.

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Lawyers For The Left: In The Courts, In the Streets And On The Air

Lawyers For The Left: In The Courts, In the Streets And On The Air is the title of the just published book by our own Michael Steven Smith. It profiles the some of the nation’s most effective agents of social change. Michael discusses how he came to write this book and previews several of the lawyers profiled therein.

As Chris Hedges quotes “The lawyers in this book valiantly fought the erosion of justice and assault on the court system.”

Portside Review by Bill Ayers:

Now open Michael Steven Smith’s smart and compelling Lawyers for the Left, and you’ll find yourself plunged into the contradictions and swirling through the vortex where that question—what is the law?—is on everyone’s mind all the time. It takes on a unique urgency and a fresh vitality as its debated case by case and issue by issue by these committed advocates battling against a system they see as deeply and unfairly stacked against their clients—Black freedom fighters, Puerto Rican independistas, Indigenous and immigrant rights activists, women warriors, anti-war militants, water defenders, dissidents and radicals. None of the lawyers you’ll meet here holds fast to the traditional view that the law is simply a civilized mechanism for resolving disputes in an intelligent and reasoned way. They agree, rather, that any honest analysis of the law begins elsewhere, noting that in all times and in all places, the law is constructed in the service of whatever social/economic system created it. In other words, the law is a mechanism of control that works to protect and perpetuate existing social relations.

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Law and Disorder May 6, 2019

Roe v Wade And Recent State Abortion Legislation

In 1973 in the famous Roe versus Wade case the US Supreme Court ruled that a woman’s right to obtain an abortion was protected under the US Constitution.

The core holding in Roe, which remains the law today, is that the government may not prohibit a woman from obtaining an abortion prior to fetal viability and may do so after viability as long as abortion may be available to protect a woman’s life and health.

A woman’s right to make childbearing decisions is in essential part of women’s overall equality. Recent legislation in Ohio bans abortion as early as six weeks into a pregnancy, before many women even know they are pregnant. Kentucky and Mississippi have similar laws and 10 other states are considering them.

Will the Supreme Court take the Ohio case as an opportunity and use it to overturn the 45-year-old Roe versus Wade decision?

Guest – Dr. Vicki Breitbart in the last 40 years, Dr. Breitbart has worked as an educator, researcher, and activist, dedicated to sexual and reproductive justice. Presently, she is an Associate Professor at NYU Silver School of Social Work. Previously, she served as the Director of the graduate program in Health Advocacy at Sarah Lawrence College and has taught at Columbia and CUNY Schools of Public Health. She worked at Planned Parenthood of New York City for over 15 years in various roles including Senior Vice President and Director of the Clinician Training Initiative.

Guest – Lizzy Watson is a staff attorney at the ACLU’s Reproductive Freedom Project at the ACLU’s national office in New York. She litigates cases to defend the right to abortion and contraception for all people regardless of race, ethnicity, economic status, gender identity, or geographic location. Prior to joining the ACLU she provided legal services to low income individuals at the Homeless Action Center in Berkeley, CA.

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Recent United States Aggression Toward Cuba

The United States of America has ratcheted up its ongoing 60 year effort to overthrow the elected government of Cuba and restore an American dominated corporate capitalism to the island. This effort was relaxed a bit under the Obama Administration. That all has changed, dollar remittances from Cubans living in the U.S. to their relatives in Cuba have been drastically cut. Travel to Cuba by Americans which has been considerable is virtually banned.

The Helms-Burton Act of 1996 which was meant to strangle the Cuban economy wasn’t fully enforced until recently. Under the guidance of the ultra-right wing National Security Adviser John Bolton. A 23 year old dormant version of the Helms Burton Act has been invoked. It now allows Cubans who live in America to sue the government of Cuba in American courts to get back their estates, businesses and property holdings which were legally nationalized under the 1959 revolution.

This new aggression is meant to cause such severe hardship to the Cuban people that they will be willing to allow their government to be overthrown.

Guest – Walter Lippmann, editor of the Cuba News Yahoo News Group.

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Law and Disorder April 29, 2019

Lawyers For The Left: In The Courts, In the Streets And On The Air

Lawyers For The Left: In The Courts, In the Streets And On The Air is the title of the just published book by our own Michael Steven Smith. It profiles the some of the nation’s most effective agents of social change. Michael discusses how he came to write this book and previews several of the lawyers profiled therein.

As Chris Hedges quotes “The lawyers in this book valiantly fought the erosion of justice and assault on the court system.”

Portside Review by Bill Ayers:

Now open Michael Steven Smith’s smart and compelling Lawyers for the Left, and you’ll find yourself plunged into the contradictions and swirling through the vortex where that question—what is the law?—is on everyone’s mind all the time. It takes on a unique urgency and a fresh vitality as its debated case by case and issue by issue by these committed advocates battling against a system they see as deeply and unfairly stacked against their clients—Black freedom fighters, Puerto Rican independistas, Indigenous and immigrant rights activists, women warriors, anti-war militants, water defenders, dissidents and radicals. None of the lawyers you’ll meet here holds fast to the traditional view that the law is simply a civilized mechanism for resolving disputes in an intelligent and reasoned way. They agree, rather, that any honest analysis of the law begins elsewhere, noting that in all times and in all places, the law is constructed in the service of whatever social/economic system created it. In other words, the law is a mechanism of control that works to protect and perpetuate existing social relations.

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Necessity Defense Upheld In Climate Change Case

In a rare and heartening victory for climate change activists, a Washington state appeals court recently overturned the conviction of a man who employed the so-called necessity defense.

Activist Ken Ward said he had no alternative but to break into a pipeline facility to save the planet from global warming. While several lawyers and clients have presented this strategy in court, it is rarely allowed to proceed.

That’s because in most courts, including federal appeals courts, protesters are unable to meet the threshold burden of showing their actions were in reaction to an imminent threat, like fire chief Steve McQueen blowing up a skyscraper’s water tank to put out a fire in the film The Towering Inferno.

But in his April 8 decision, Judge David Mann ruled that Ward, quote, “reasonably believed the crimes he committed were necessary to minimize the harms that he perceived.”

Last year, Law and Disorder reported on how a Boston prosecutor reduced charges against 13 pipeline protesters who planned to mount a necessity defense, eliminating the possibility of a trial. Even so, West Roxbury Judge Mary Ann Driscoll still found them not guilty for reason of necessity.

In the Washington case, the Court of Appeals reversed the burglary conviction of Ken Ward, saying the trial court judge had violated his Sixth Amendment rights by refusing to allow him to present a “necessity defense” to the jury.

Guest – Ted Hamilton, co-founder and staff attorney of the Climate Defense Center. Ted has studied comparative literature and philosophy at Cornell and Yale, and written about books, politics, and climate change for a variety of publications.  During law school he focused on protest defense and growing the climate movement through involvement in the Harvard divestment campaign and internships with the Civil Liberties Defense Center and Climate Disobedience Center.

Law and Disorder April 22, 2019

NYTimes Armenian Gen

Speaking In Turkish: Denying the Armenian Genocide

Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.

The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.

Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.

As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.

Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.

Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.

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Law and Disorder April 15, 2019

Attorney James Goodale On Julian Assange Arrest

Last week, at the behest of the U.S. government, police entered the Ecuadorian Embassy and arrested Julian Assange on charges of espionage. This case promises to threaten the First Amendment rights of all journalists. We’re honored to have one of the nation’s foremost authorities on First Amendment law, Attorney James Goodale. In the April edition of the Atlantic, he wrote an article titled, Why Julian Assange deserves First Amendment Protection.

Listeners may recall that last fall, a court filing inadvertently suggested that the Justice Department had indicted WikiLeaks founder Julian Assange. The Wall Street Journal, the New York Times, and other outlets reported soon after that Assange had likely been secretly indicted for conspiring with his sources to publish classified government material and hacked documents belonging to the Democratic National Committee, among other things.

Assange started WikiLeaks in 2006 to provide a place for newsworthy information to be confidentially released. The site came gained prominence when Assange obtained thousands of classified documents relating to the Iraq War from US Army soldier Chelsea (born Bradley) Manning.

Guest – Attorney James C. Goodale has represented The New York Times in four of its cases to go to the Supreme Court: the Pentagon Papers case (The New York Times Co. v. The U.S.), The New York Times Co. v. Sullivan (libel), Branzburg v. Hayes (see below) and The New York Times Co. v. Tasini, (digital rights). He developed the argument that the Espionage Act does not apply to publishers or the press.

In a 6-3 decision, the Supreme Court ruled the U.S. Government could not stop the Times from publishing the Pentagon Papers, holding that prior restraints were barred by the First Amendment unless the publication “will surely result in direct, immediate, and irreparable damage to our Nation or its people.” He became known as the “father of the reporter’s privilege.” A prolific writer, he has written two books on the First Amendment, The New York Times v. The U.S. and All About Cable, and approximately 200 articles, particularly on the role of the press in the Information Revolution.

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Al Otro Lado and the Border Crisis

United States President Donald Trump said that we have a “crisis” on the border. He called it an “infestation” and said that “These aren’t people. These are animals.” Last week he fired Kirstjen Nielsen who as the head of the Department for Homeland Security pursued the most aggressive enforcement strategy of any secretary in the history of the organization. Nielsen and the Trump administration has separated children from their parents and instituted an illegal turn back policy using tactics to restrict the numbers of asylum-seekers who want to access the asylum process at points of entry like Tijuana and El Paso.

Tactics used by the administration include lies, intimidating coercion, verbal abuse, physical force, out right denial of access, unreasonable delay, threats, and family separation. The Center for Constitution Rights is currently representing Al Otro Lado, a legal and human rights organization that helps migrants at the border. They are challenging the U S. Customs and Border Patrol on its turnaround policy in a pending lawsuit.

Last month CCR’s chairwoman of the board and Columbia Law Professor Katherine Franke met six students in Tijuana Mexico, across the border from San Diego, California, to advise migrants on what they will face in the hands of US legal authorities.

  • Al Otro Lado provides essential legal support to migrants to prepare them for the asylum process in the U.S. You can support here.
  • Santa Fe Dreamers also provides free legal support to immigrants, with a particular focus on transgender immigrants.
  • Please visit this site if you are interested in contributing to the parole/bail fund for detainees.
  • If you are interested in serving as a sponsor for an asylum seeker.
  • This video offers a very good portrait of the situation at Chaparral where La Lista is maintained and asylum seekers wait for their number to be called.

Guest – Attorney Katherine Franke, is the Sulzbacher Professor of Law, Gender, and Sexuality Studies at Columbia University, where she also directs the Center for Gender and Sexuality Law and is the faculty director of the Law, Rights, and Religion Project (Formerly the Public Rights/Private Conscience Project). She is a member of the Executive Committee for the Institute for Research on Women, Gender and Sexuality, and the Center for Palestine Studies. She is among the nation’s leading scholars writing on law, religion and rights, drawing from feminist, queer, and critical race theory.

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