Law and Disorder December 10, 2018

 

How the Rats Re-Formed Congress

A fable is a short tale that anthropomorphizes animals. The animals personify human virtues and vices, and function as an instrument of moral instruction. We mention this because Ralph Nader joins us to discuss his new book How the Rats Re-Formed Congress. It’s a Fable about an invasion of rats in Congress that triggers a peoples’ political revolt. It begins when a Congressional reporter breaks a bizarre story: “Rats have invaded the toilet bowls” of the Speaker of the House and the Minority Leader. A national news frenzy ensues.

Activists seize on the breaking story to organize for a populist agenda. Spontaneous rallies erupt. The activists see the rats upending “business as usual” routines on Capitol Hill as a symbol against lobbyists and corporate Congress. Millions flood into the nation’s capitol to take back Congress from Wall Street. Congressional offices are deluged with citizen rallies and meetings. Members are challenged in primaries. Incumbents join the movement.

Wall Street and its lobbyists warn of economic collapse and mass layoffs if the people’s agenda passes Congress. Corporate front groups are formed to disrupt peaceful crowds. Despite that, corporate lobbyists and think tanks can’t overcome the organized will of the determined citizenry. Tortmuseum.org

Listen to our past interview with Ralph Nader about the Tort Museum.

Guest – Ralph Naderone of the nation’s most effective and well-known social critics. He has raised public awareness and increased government and corporate accountability. As a young lawyer in 1965 he made headlines with his book Unsafe at Any Speed, leading to congressional hearings and passage of a series of life-saving auto safety laws in 1966. His example has inspired a generation of consumer advocates, citizen activists and public interest attorneys. Full biography.

————————-

————————-

Law and Disorder December 3, 2018

 

Death with Dignity

Seventy percent of Americans support the end-of-life option permitting qualified terminally ill people to end their lives through physician-prescribed medications. Despite this, forty-four states don’t have statutes outlining the procedure, and safeguards, for getting medications to hasten inevitable death.

Death with Dignity is a growing movement that works to ensure terminally ill Americans have the freedom to control their end-of-life options, including how they die. Its state-by-state campaign strives to change that.

California, Colorado, Hawaii, Oregon, Vermont, Washington and the District of Columbia have assisted dying statutes. They allow mentally competent, terminally-ill adult state residents to request and receive a prescription medication enabling them to die in a place and time of their choosing.

Guest – Mark Glaze is a strategist in public affairs, advocacy and politics. His clients have included the Open Society Institutes, the American Federation of Teachers, the Human Rights Campaign and Amnesty International. Mark is the former executive director of Everytown for Gun Safety, the nation’s largest gun violence prevention group. After the Newtown mass shooting the Wall Street Journal called him “the face of the gun control movement.”

—-

 

Strongmen

The spectacle and recent emergence of the strong man leader has been seen in a number of countries across the world, not only in the United States. We have witnessed the rise of Modi in India, Duterte in the Philippines, Erdogan in Turkey and Putin in Russia. In the 1920s and 1930s fascist dictators emerged in Germany, Spain, Portugal, and Italy. These men were monsters. The new kind of strongmen are not fascist dictators, but monsters nonetheless. We welcome professor Vijay Prashad who has edited and introduced the recently published book titled Strongmen. The book is a collection of five essays, some of them in the form of a fable, which explains the phenomena of the strong men.

Guest – Professor Vijay Prashad, is the executive director of Tricontinental: Institute for Social Research. He is the author and editor of several books, the most recent is titled Red Star Over the Third World.

Law and Disorder November 26, 2018

 

Impeaching the President: Past, Present and Future

Two U.S. presidents have been impeached: Andrew Johnson in 1868, and Bill Clinton in 1998. Richard Nixon would have been impeached but he resigned in 1974. Rumblings of impeaching the winner of the 2016 president elections even took place before the votes were in. Opponents of Hillary Clinton cited her use of a private e-mail server as Secretary of State as reason. Opponents of Donald Trump cited his business interests disqualified him. Possible criminal activities involving the Trump campaign added fuel to those calls.

Restraints on executive power exist because he greatest risk of tyranny comes from the executive branch. That’s partly because the president is a single person. In contrast, Congress and the Supreme Court must persuade a majority of their colleagues in order to act. As well, presidential authority as commander in chief includes the power to deploy weaponry as the head of the military and law enforcement.

The nation’s founding fathers value checks on tyranny. in part because of oppression by the British monarchy. At the Constitutional Convention some delegates opposed making one person responsible for executing the nation”s laws. While it decided in favor of a one-person executive, it adopted provisions aimed at preventing the president from becoming king-like.

Limits including four-year terms and voter approval to stay in office. The founders knew that even in four years the president could do much damage. So they created a mechanism for quicker replacement of the President if needed. The House of Representatives could “impeach” him, an accusation of wrongdoing that would prompt a trial in the Senate. If the Senate voted by two-thirds vote to convict the president, it would automatically result in removal from office. Impeachment can also be used to remove all federal officers.

Guest – Alan Hirsh,  author of Impeaching the President: Past, Present and Future. Alan is a Lecturer in Humanities and Chair of Justice and Law Studies at Williams College. He’s also the author of For the People: What the Constitution Really Says About Your Rights and A Citizen’s Guide to Impeachment.

—-

RAPP-TAG soros_justice_fellows-2013-mujahid_farid

Remembering Mujahid Farid, Lead Organizer of Release Aging Persons in Prison

Today we remember and celebrate the life of Mujahid Farid who passed away last week in New York. Listeners will recall that Farid had been on Law and Disorder several times in the last few years, along with Laura Whitehorn and Dave George from his organization Release Aging Persons in Prison. In 1978, Farid was sentenced to 15 years to life in prison. He was 28 years old. He first became eligible for parole in 1993. He had earned four college degrees including two masters degrees while incarcerated.  He was denied parole nine times. As we’ve discussed in prior segments, New York state parole commissioners denied his requests as with many others based on the nature of his crime rather than he many accomplishments he made while in prison.

In an article in the Village Voice, Farid noted that he asked the commissioners: “Is there anything I can do to make myself eligible for release?” He didn’t get a response but said he saw disapproving changes in the body language and facial expressions of the commissioners that his question wasn’t welcome. He was denied again. These denials added 18 years to his incarceration.

In 2011, Farid appeared before the parole boar for the tenth time. He stood before two new commissioners who had high rates of granting parole and that year, Farid was released. Farid became a 2013 Soros Justice Fellow. During his confinement, in 1987 Farid was part of a trio that created and proposed the first HIV/AIDS peer education program in New York State prisons, that later developed into the widely acclaimed state-wide program called PACE (Prisoners AIDS Counseling & Education).  Farid participated in the creation of a college certificate program sponsored by New York Theological Seminary, and he taught introduction to sociology courses for people training for Alcohol and Substance Abuse (ASAT) counseling certification.

Since his release Farid initiated two programs designed to have an impact on dismantling mass incarceration: The RAPP Campaign and the Rise & Shine Small Business Coalition, the latter providing support for the creation and start-up of community businesses operating on principles of social entrepreneurship. In 2013 Farid was awarded a joint New York State legislative commendation for his community work and a Citizens Against Recidivism, Inc. award for social activism.

As listeners may recall, the number of people aged 50 and older in New York State, where RAPP was founded, has doubled since 2000; it now exceeds 10,000— which is about 20% of the total incarcerated population. This reflects a national crisis in the prison system and the extension of a culture of revenge and punishment into all areas of our society.

RAPP focuses on aging people in prison, many of whom are long-termers convicted of serious crimes. Many of these human beings have transformed their lives and developed skills and abilities they lacked before incarceration. They could be released from prison with little or no threat to public safety. Yet many are denied release, often for political reasons, and they needlessly remain imprisoned into old age. These elders could return to their communities if current mechanisms such as parole and compassionate release were correctly utilized.

Farid, you are in our thoughts and we send you our love.

Guest – Laura Whitehorn is a former political prisoner and native New Yorker, who was active in supporting groups such as the Black Panther Party, the Black Liberation Movement and was active with Students for a Democratic Society and the Weather Underground. Laura worked to help expose the FBI’s Counter Intelligence programs.

Guest – Mujahid Farid co-founded the Prisoners AIDS Counseling and Education program and helped design prison-based sociology and theology courses that allowed others to earn college-credited in prison. He also earned four college degrees and other certifications while incarcerated, including his paralegal certificate, NYS Department of Labor Certificate in Human Development Counseling, and NYC Department of Health Certificate in HIV/AIDS Counseling.

—————————-

—————————-

Law and Disorder November 19, 2018

 

Crash Course : From the Good War to the Forever War

US Army Ranger turned conscientious objector Rory Fanning recently wrote in this in The Guardian newspaper: “Last week Sunday ,November 11, we celebrated Veterans Day. It used to be called Armistice Day and was a celebration of peace after the slaughter of World War One. Now it is called Veterans Day. The United States has 668 military bases around the globe. The United States has conducted military operations in 2/3 of the world’s countries since September 11, 2001. It has spent 3/4 of $1 trillion each year on it’s military – more than the next 13 countries combined. The US has taken hundreds of thousands of lives around the world these past 14 years and shows no signs of slowing down.“

Guest – H. Bruce Franklin, is one of America’s leading cultural historians, H. Bruce Franklin is the author or editor of nineteen books and more than 300 articles on culture and history published in more than a hundred major magazines and newspapers, academic journals, and reference works. He has given over five hundred addresses on college campuses, on radio and TV shows, and at academic conferences, museums, and libraries, and he has participated in making four films. He has taught at Stanford University, Johns Hopkins, Wesleyan, and Yale and currently is the John Cotton Dana Professor of English and American Studies at Rutgers University in Newark. Before becoming an academic, Franklin worked in factories, was a tugboat mate and deckhand, and flew for three years in the United States Air Force as a Strategic Air Command navigator and intelligence officer. Professor Franklin is touring the country to speak about his just publish book Crash Course : From the Good War to the Forever War. 

—————————

—————————

Law and Disorder November 12, 2018

Update: Hosts Discuss U.S. Primary Election

—-

 

Trump’s Judges Imperil Our Rights for Decades

In less than two years, Donald Trump has two installed not one, but two, right-wing justices on the Supreme Court, ensuring a conservative majority for decades to come.

Republican congressional leadership appropriated (stole?) a high Court appointment from Barack Obama and appointed Neil Gorsuch. Gorsuch has cast the deciding vote in 14 cases that hurt workers, consumers, voters, immigrants and reproductive rights, while upholding abuses of government authority. Notably, he cast the deciding vote to uphold Trump’s Muslim travel ban in Trump v. Hawaii.

Republicans then pushed through the appointment of Brett Kavanaugh, who lied under oath and displayed conduct unbecoming a Justice. Just as Gorsuch has upheld the views of conservative Federalist Society and Heritage Foundation backers, Kavanaugh will surely do the same.

The public is less aware, however, of Trump’s systematic appointment of 29 right-wing judges on the federal circuit courts of appeals. And he hopes to appoint even more by year-end. These circuit court appointees have handed down regressive decisions favoring interests of the rich and upholding unlimited spending in politics. Judges who sit on the circuit courts wield enormous power because most cases are resolved at that level.

Seventh Circuit Judge Amy Coney Barrett, for example, voted in one case to allow a corporation to racially segregate its workplace. She also rejected the asylum claim of an immigrant who alleged he was tortured, without even considering the case merits. In the Sixth Circuit Judge Amul Thapar voted to allow public officials to lead Christian-only prayers at public Board of Commissioners meetings.

These decisions are just the tip of the iceberg.

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/

—-

 

The Nature of American Fascism

One hundred and eleven years ago American socialist and famed novelist Jack London in his book “The Iron Heel” anticipated what we are seeing developing in the USA today. He wrote “There is a shadow of something colossal and menacing that even now is beginning to fall across the land. Call it the shadow of an oligarchy if you will; it is the nearest I dare approximate it. What its nature may be I refuse to imagine. But what I wanted to say was this: you are in a perilous position.“

With our experience with fascism in the 20th century in Germany and Italy and with what we see developing in the USA right now we can clearly imagine what American fascism would look like.

– Socialism would be illegal and it’s proponents imprisoned
– Labor unions would be totally illuminated as an organization for those without property
– Quality public education would be further reduced
– The independence of public universities would be totally undermined
– Billions of dollars would continually being devoted to slick propaganda
– Much of traditional government functions with the exception of the police and the armed forces would be privatized
– The media and the Internet would be put under direct government control
– Minorities, blacks, Muslims, Jews, Mexicans, and LBGTQ people would be scapegoated for societies’ills.
– Women would be denied control over their own bodies
– Church and state would no longer be separated
– The rule of law would be cast aside.

Fascism doesn’t just doesn’t descend on us all at once like the falling of a dark curtain. It creeps in. It has been creeping in over the last 40 years of neoliberalism and with the rise of the ultra right who have taken over the Republican Party. All this was topped off to years ago with the election of Trump. In the last two weeks it has gotten even worse. Two black people were assassinated in Kentucky, 11 Jews were slaughtered inside there Pittsburgh synagogue, Trump canceled a nuclear non-proliferation pact with Russia, he declared himself a nationalist, really a white nationalist, and then sent 14,000 troops to the Mexican border to prevent desperate mostly women and children walking north from Honduras from claiming their lawful ride to asylum, and then he threatened to cancel birthright citizenship, a right guaranteed by the 14th amendment to our constitution.

We know which fascism looks like. We have identified it. But what do we do to fight it?

Guest – Barry Sheppard, is a political writer from Oakland California, a longtime socialist, activist, and author. Contact email: Lundshep@att.net

————————–

————————–

Law and Disorder October 29, 2018

 

What Happened To Journalist Jamal Khashoggi?

This much has become clear: 33-year-old Saudi Arabian crown prince Mohammed bin Salman knew of or directed the gruesome torture, murder, and dismemberment of Saudi journalist and Washington Post columnist Jamal Khashoggi at the Saudi consulate in Istanbul on October 2, 2018.

The US has had an alliance with the Saudi theocratic monarchy since it was forged by President Roosevelt in 1945 at the end of World War II.

The United States needs Saudi Arabia to help rule the Middle East. It needs their cooperation in keeping oil prices low, their petro-dollars, their arms purchases, and it needs Saudi Arabian support for both its planned war against Iran and it’s support for a joint Israeli/American planned effort to permanently repress the Palestinian people, an effort which Trump has put his son-in-law Jared Kushner in charge of. But with the murder of Khashoggi the US/ Saudi alliance is beginning to fray.

Guest – Attorney Abdeen Jabara, the former president of the Arab American Anti-discrimination Committee, a leader of Palestine solidarity work in the National Lawyers Guild. He’s also a former board member at the Center for Constitutional

—-

 

Necessity Defense: Climate Defense Project

Earlier this month a judge dismissed the case against three environmental activists who were charged with damaging a northern Minnesota pipeline in 2016. The defendants call themselves as “valve turners.” They shut off the valves of two Enbridge Energy Company pipelines near Leonard in Clearwater County to protest the oil industry’s contribution to climate change. The action was part of a coordinated effort across several states.

Like the defendants, their 3-person legal team traveled thousands of miles to present their case in the small northwoods town. The team consisted of Kelsey Skaggs from the Climate Defense Project in San Francisco and Twin-Cities based attorney Timothy Phillips along with Oregon-based Lauren Regan.

State representative Pat Garofalo, said: “Today’s decision is irresponsible, and sends the message that protesters are free to engage in reckless, illegal, and dangerous behavior that puts Minnesotans’ safety at risk.” He said this dangerous action needs to be corrected in the next legislative session.” Judge Robert Tiffany dismissed the case at the defense attorneys’ request midway through the second day of trial after County Attorney Alan Rogalla rested his case.

Tiffany granted the dismissal based on arguments from the defense attorneys, one of which was that the prosecution failed to prove the defendants had damaged the actual pipeline rather than merely the chains and locks bound to the pipeline valve. Enbridge supervisor Bill Palmer testified that simply shutting off the valve would not have caused any damage to the pipeline.

Guest – Kelsey Skaggs, Executive Director of the Climate Defense Project.

——————

——————