Law and Disorder October 6, 2025

Taxpayers Against Genocide and the National Lawyers Guild Submit Petition To UN

Eighty years ago, after 2 world wars claimed millions of lives, nations worldwide — including the United States — came together and established the UN system “to save succeeding generations from the scourge of war.” The UN Charter requires that all states settle their disputes peacefully and refrain from the use of armed force, except in self-defense after an armed attack against a UN state by another state, or when the Security Council authorizes it.

But, motivated by American exceptionalism — the notion that the U.S. is unique and morally superior and thus not bound by the rules — successive U.S. governments have violated the commands of the UN Charter and illegally attacked other countries with impunity. Trump has ignored the straightforward rules about the lawful use of force, but he is not the first U.S. president to do so. The last five presidents have launched armed attacks without Security Council approval against countries that had not carried out armed attacks on the U.S. or other UN member countries.

Besides violating the Charter’s prohibition on the use of force, the U.S. government – under both Biden and Trump – has aided and abetted Israel’s commission of genocide in Gaza. As the number of Palestinians killed by Israel exceeds 66,000, and famine has reached the “catastrophic” phase, thousands of taxpayers across the country have united with Palestinian-Americans to file an international legal complaint against the U.S. government for funding Israel’s genocide in Gaza.

An initial petition was filed in the Inter-American Commission on Human Rights in May by Taxpayers Against Genocide and the National Lawyers Guild. It charged the U.S. with aiding and abetting Israel in genocide, war crimes, and crimes against humanity. Tomorrow, the petitioners will file a new petition with the Commission. It includes substantial evidence of the U.S. role in Israel’s campaign of starvation.

Guest – Marjorie Cohn is Professor Emerita at Thomas Jefferson School of Law, Dean of the People’s Academy of International Law, and former president of the National Lawyers Guild. She is a legal political analyst who does commentary and writes columns on Truthout and other outlets, and she a former host on Law and Disorder radio. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Marjorie wrote an article published last week on Truthout about U.S. violations of the UN Charter. Her article about the petition to be filed in the Inter-American Commission will be published tomorrow on Scheer Post.

Lisa Cook is ‘Low Hanging Fruit—While Jerome Powell Is a Bridge Too Far

Sharon Kyle is the publisher of the L.A. Progressive. She has written a couple of fine articles about racism in American life in that publication. One of them, written at the end of August, is titled, Lisa Cook is ‘Low Hanging Fruit—While Jerome Powell Is a Bridge Too Far. She maintains that when political commentators, and the corporate media, describe Cook as “low hanging fruit” they expose the racism in American life and politics.

So, we’ve invited Sharon Kyle to be our guest today to explain her claim of racism in connection with Trump’s efforts to get rid of Cook on the vitally important Federal Reserve Board, and replace her with someone who would do his bidding.

Guest – Sharon Kyle is not only the publisher of the L.A. Progressive, a must read, online daily newsletter for all serious political thinkers and activists in and around L.A. She is also the former president of the Peoples College of Law, a former member of the Board of Directors of the ACLU of Southern California, and is on the editorial board of the BlackCommentator.com.

Remembering Assata Shakur (1947-2025)

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Law and Disorder September 15, 2025

Defending My Enemy: Skokie and the Legacy of Free Speech in America

At the heart of Trump’s blizzard of chaotic, cruel, and corrupt attacks on our democracy is one of the most turbulent, disruptive, and consequential assaults on freedom of speech in American history. Trump and his obedient underlings have enlisted the full force of the federal government’s overwhelming criminal, civil, administrative, immigration, and national security apparatus to illegally crush protest, dissent, and free speech.

On an unprecedented scale, directly and indirectly, Trump is violating the First Amendment rights of every person in the United States to express and receive information and ideas free of government censorship. He is going after the Voice of America, the Smithsonian Museum, the Associated Press, NPR, PBS, ABC, CBS, the Library of Congress, local public libraries, foreign and domestic students, immigrants, colleges and universities, elected officials, law firms, and judges. And by silencing all of these voices, he is denying the constitutional right of every American to hear what those voices have to say.

The United States is in a constitutional crisis. It is imperative that we vigorously defend our rights. The reissuance of the seminal book Defending My Enemy: Skokie and the Legacy of Free Speech in America by Aryeh Neier could not have come at a better time to remind us of the importance of defending the essential freedom upon which all others depend – freedom of speech.

Defending My Enemy was originally published in 1979. At that time Neier was the national executive director of the American Civil Liberties Union, which agreed to represent the Nazis in the Skokie controversy. Defending My Enemy was a brave book when it was originally published, and almost 50 years later it remains an indispensable guide to help us navigate today’s convulsive debates over free speech on American campuses and throughout our society.

This edition of Defending My Enemy is enhanced by a new foreword by Congresswoman Eleanor Holmes Norton, a new afterword by Nadine Strossen, president of the ACLU from 1991 to 2008, and an extensive new chapter by Neier himself offering his views on the contemporary challenges facing free speech in America. In addition to previously serving as Executive Director of the ACLU, Neier co-founded Human Rights Watch, and is President Emeritus of the Open Society Foundations, where he remains active in their work. He has written seven books and over three hundred articles and op-eds on civil and human rights.

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National Guard Occupy The Streets Of DC

Soldiers in uniform are still patrolling the streets of Washington, D.C. They’re not just on guard duty — they’ve been spotted picking up trash, spreading mulch, and even posing with tourists. And now their mission has been extended indefinitely. The Army has ordered nearly a thousand National Guard members to remain on active duty through November 30, 2025. Donald Trump could end it sooner, or push it even further, but for now the deployment is open-ended. Another 1,300 Guard troops from states like Louisiana and Ohio are also staying through December.

The official line is they are tackling “out of control” crime. But many residents and local officials see something else: a military force filling civic space, performing chores that look more like public relations than public safety. Ward 1 Commissioner Peter Wood called the outreach “uncomfortable and concerning,” stressing that soldiers patrolling civilian neighborhoods creates more fear than comfort.

This isn’t just about crime or clean-up crews — it’s about what kind of country we want to be when soldiers become part of daily civic life.

Guest – Attorney Mara Verheyden-Hilliard from the Partnership for Civil Justice Fund and the Center for Protest Law and Litigation in Washington, DC. Mara is one of the nation’s leading litigators defending protesters and winning numerous reforms in police practices at mass assemblies and demonstrations.

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Law and Disorder September 8, 2025

From The Flag To The Cross: Fascism American Style

From The Flag To The Cross: Fascism American Style is the title of a recently published anthology edited by Zachary Sklar and our own Michael Smith. Co-host Jim Lafferty wrote the introduction. The book draws from seven key interviews with prominent socialist thinkers in the United States and Canada. They include Margaret Kimberly, Henry Giroux, Dianne Feeley and Bill Mullen. Bill will also be joining Michael and Jim in the guest seat. He’s Professor Emeritus of American Studies at Purdue University and author of We Charge Genocide! American Fascism and the Rule of Law.

Chris Hedges who is also included in this book, writes “when fascism comes to America, it will be mass of recitations of the pledge of allegiance, the Christian cross and the flag.” We’ll explore these frayed boundaries of Christian fascism, capitalism, and the assaults on free speech and censorship while highlighting the strategies of community based actions.

Guest – Michael Steven Smith is the author, editor, and co-editor of many books, mostly recently Imagine: Living In A Socialist U.S.A. and “The Emerging Police State,” by William M. Kunstler. He has testified before committees of the United States Congress and the United Nations on human rights issues. Mr. Smith lives and had practiced law in New York City with his wife Debby, where on behalf of seriously injured persons he sues insurance companies and occasionally the New York City Police Department.

Guest – Jim Lafferty is the Executive Director Emeritus of the National Lawyers Guild in Los Angeles and the host of The Lawyers Guild Show on Pacifica Radio’s Los Angeles station, KPFK. Jim has been a national leader in the peace and social justice movement for 60-years. He served as a national Coordinator of the National Peace Action Coalition, the group that organized the largest protests against the U.S. war in Vietnam, and in leadership positions in other peace coalitions opposing various imperialist U.S. wars. In the early 1960’s he was the national Director of the National Lawyers Guild during its historic work in the South. In the mid-1960’s until the 1980’s, Jim was in the private practice of law in Detroit, Michigan, where he specialized in Selective Service law, employment discrimination law, and civil rights law. He serves on the governing board of the A.C.L.U. of Southern California, is a member of the steering committee of the national Julian Assange Defense Committee, and a Fellow at the Institute for the Humanities at the University of Southern California.

Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and We Charge Genocide: American Ashes and the Rule of Law. He’s a contributor to the just published Law And Disorder book From the Flag to the Cross: Fascism American Style.

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Law and Disorder September 1, 2025

Paul Le Blanc On Democratic Socialist Trend

In a remarkable come from behind victory in the Democratic primary over disgraced former New York governor Andrew Cuomo, the Democratic Socialist Zorhan Mamdani is likely to become the next mayor of New York City in November when he wins the election. This comes a decade after the Democratic Socialists of America (DSA) exploded onto the stage of US politics. The organization is full of vibrant campaigns, discussion, and experimentation. How can democratic socialists build a working-class political alternative powerful enough to defeat Trump’s authoritarian agenda? How should it relate to the pro capitalist Democratic Party? What strategy can revive the labor movement? What is its vision of democratic socialism? How does it get there?

Guest – Paul Le Blanc – is a retired professor of history from La Roche University in Pittsburgh and he has been active in movements for human rights and economic justice for  more than six decades. Currently a member of Democratic Socialists of America, Solidarity, and the Tempest Collective, he has written and edited many books, including A Short History of the U.S. Working Class. He is a contributor to A User’s Guide to the DSA and recently attended DSA’s bi-annual convention in Chicago.

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Lawyers You’ll Like – Attorney Mel Wulf

Mel Wulf died at age 95 on July 1, 2023. He was one of the great constitutional litigators of his time. He served as Legal Director of the American Civil Liberties Union for 15 years. Today we bring you a re-broadcast of an interview that attorney Michael Ratner, and I, Michael Smith, did with Mel 10 years ago for a segment we called Lawyers You’ll Like. It is a scintillating fast paced discussion with a relevance to our situation now

We’re joined today by Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years. As part of our Lawyers You’ll Like series, we talk with Wulf about his work with the ACLU during the early 60s, and also about the forming of the Lawyers Constitutional Defense Committee.

Attorney Mel Wulf:

  • Phil Agee was a dissident CIA agent who spent decades working against the CIA, published a couple of books.
  • He lost his passport because when the dissidents took over the embassy in Tehran in 1979, the New York Post carried a story accusing Phil of helping the students who’d invaded the embassy to put together all of that written material that had been shredded.
  • It was another New York Post bald faced lie.
  • The State Department, based upon that story revoked his passport.
  • I had represented Phil Agee, I was his principle lawyer for 30 years.
  • Agee was very widely disliked in Washington because he was well known to be a CIA dissident who disclosed the names of many CIA agents.
  • I was for the workers and not for the bosses and I’ve always been for the workers and not for the bosses, which I think is the distinguishing political factor in our world. Which side are you on?
  • I got my Bachelors Degree in ’52 and I had a Navy Commission which I had gotten from the New York State Maritime Academy earlier on.
  • The draft board sent me a 1A notice, I applied to Columbia and when I finished Columbia they sent me another 1A notice because the draft was still on. I spent 2 years in the Navy as a Lieutenant Junior Grade Officer in Southern California.
  • I went to work at the ACLU in 1958 as the assistant legal director, in 1962 I was given the job of the legal director of the ACLU.
  • I had actually been going down to Mississippi from 1961 to 1962, working with then one of the two black lawyers who were practicing in Mississippi.
  • We tried a couple of capitol cases in Mississippi. I continued to argue the systematic exclusion of blacks from the jury.
  • I finally got a case up to the Supreme Court on that issue.
  • Lawyers Constitutional Defense Committee: We had several hundred lawyers who went down to Mississippi for periods of a week or two. They were representing people being arrested during the Mississippi summer.
  • Most of the judges allowed these lawyers to make some sort of presentation.

Guest – Attorney Mel Wulf, former legal director with the American Civil Liberties Union for 15 years. He was a law partner with former US Attorney General Ramsey Clark during the Kennedy Administration and much more. Wulf was part of some of the greatest contributions to the civil rights movement. He’s now retired after practicing law for 54 years.

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Law and Disorder August 25, 2025

The First Amendment Heavily Tested Under Trump Administration

The First Amendment is being tested in many arenas not only in response to various Executive Orders which Donald Trump has issued in his second term, but also in state legislatures which are experimenting with how far the government can go in restricting freedom of speech.

In Free Speech Coalition v. Paxton, the US Supreme Court upheld a Texas law requiring age verification for access to Internet porn sites. In 2024, Mississippi enacted House Bill 1126 after a Mississippi teen became the victim of sextortion on Instagram and died by suicide. That law requires young people to obtain their parents’ consent before they can create social-media accounts. On August 13, the US Supreme Court issued a brief unsigned order allowing that law to go forward despite a lower court injunction.
Meanwhile, South Park is savagely ridiculing Donald Trump, CBS capitulated when Trump sued them over a 60 Minutes segment, and a conservative federal appeals court struck down an injunction for an on-campus drag show. There’s a lot going on when it comes to free speech.

Guest – Robert Corn Revere has been a First Amendment litigator for more than four decades. He is Chief Counsel for the Foundation for Individual Rights and Expression or FIRE. He is the author of The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma, which explores how free expression became a part of America’s identity. FIRE filed an amicus brief in support of Net Choice in one of the cases we’re discussing today.

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Chambers v. Florida and the Criminal Justice Revolution

In 1933, four young Black farm workers in Pompano, Florida, were arrested for the murder of a white shopkeeper. With no lawyers and no meaningful due process, for a week they were held, beaten, threatened with lynching, and ultimately forced to sign confessions. Their convictions and death sentences seemed almost certain in the Jim Crow South. But 7 years later, the U.S. Supreme Court reversed those verdicts in a unanimous ruling, declaring that confessions obtained under psychological coercion rendered them involuntary and violated the 14th Amendment.

In Chambers v. Florida and the Criminal Justice Revolution, author Richard Brust vividly revisits this often-overlooked case. Chambers opened the door to the Warren Court’s criminal procedure revolution, laying the foundation for decisions such as Miranda v. Arizona. The book also highlights the lawyers and communities behind the case. Jacksonville attorney Simuel McGill, one of Florida’s few Black lawyers, kept the appeals alive until the case reached Washington.

Guest – Richard Brust is a journalist and historian whose work focuses on law, politics, and American history. He was a longtime editor for the American Bar Association’s ABA Journal and has written extensively about the courts and the evolution of U.S. legal culture.

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Law and Disorder August 18, 2025

University Capitulates To Censorship Policies

VI. Lenin, the leader of the Russian Revolution, observed that sometimes decades go by without very much happening and other times decades happen within weeks. In a sense we are living through such a time. It is comparable to the great transformation several centuries ago, when feudalism was finally subdued and capitalism flowered. The obligations of the master to the serf were severed and workers were left on their own in the new ruthless capitalist society.

The harshness of capitalism was ameliorated by social legislation, most notably by the reforms instituted in the 1930s in the Roosevelt era when we got Social Security, unemployment compensation, government jobs, workers compensation, and later Medicare and Medicaid and food supplements.

These ameliorative measures are now targeted and have been partially been taken away by the ruling rich, the new kings of capital, the 800 and some billionaires we have in America now and their MAGA movement led by the odious Donald Trump. One of the goals of the MAGA movement,which they’ve been largely successful, has been to dominate relations over the major institutions of our society, including the mass media, the Supreme Court, independent government agencies, major law firms, the Congress, and most lately, the large private universities, such as Harvard and Brown and Columbia.

Guest – retired Columbia University Professor Rashid Khalidi held the Edward Said Chair of Middle Eastern history for nearly two decades. He is the author of numerous books, including The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017. Although retired he had been scheduled to teach his long standing popular class on Middle East history. After Columbia University capitulated to the Trump administration with respect the administration taking control over the university, Professor Khalidi was no longer able to teach his class in an honest unfettered fashion. We discuss the situation and his open letter denouncing the perfidy of acting Columbia University president Carol Shipman in her school’s capitulation and we put this in historical context.

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US-Brazil Relations Diverge

The United States isn’t the only country grappling with profound political polarization. As the 2026 presidential elections in Brazil draw near, the world’s eyes are on the criminal prosecution and house arrest of its former president, the far right, Jair Bolsonaro, sometimes known as the Trump of the Tropics.

In 2022, Bolsonaro lost re-election, but it was by one of the most narrow margins in Brazil’s history. And his supporters and allies continue to hold substantial influence within Brazil’s government. Donald Trump is a personal friend and ally of Bolsonaro, and since the latter’s prosecution, he’s levied massive tariffs against Brazil and imposed sanctions against the country’s chief judge, including revoking his U.S. visa.

Our guest sees the fraying of US-Brazil relations to be troubling. Brazil is the world’s fourth largest democracy and seventh-largest economy. It has the greatest biodiversity on the planet, and is known as the earth’s lungs because it is home to a third of the world’s rain forests. The air we breathe literally depends on Brazil.

Guest – James N. Green is Professor of Brazilian History and Culture at Brown University, and former President of the Brazilian Studies Association. He is the author or co-editor of eleven books on Brazil, including Brazil: Five Centuries of Change; Beyond Carnival: Male Homosexuality in Twentieth-Century Brazil and We Cannot Remain Silent: Opposition to the Brazilian Military Dictatorship in the United States. Professor Green serves as National Co-Coordinator of the US Network for Democracy in Brazil, and he’s the President of the Board of Directors of the Washington Brazil Office.

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