Civil Liberties, Civil Rights, Human Rights, Human Trafficking, U.S. Militarism
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The Trump Administration and ACLU Legal Counteraction Strategy
The very day President Donald Trump returned to the White House on January 20, 2025, the American Civil Liberties Union celebrated the beginning of its 106th year. Based on its long experience combating repressive governments, the ACLU had been carefully planning for the possibility of Trump’s reelection. That day it announced that it was fully prepared for the threat Trump posed to our constitutional democracy.
The ACLU recalled that “Since first leaving office in 2020, Trump has threatened to enact policies that would endanger immigrant families, further restrict reproductive health, and weaponize the federal government against protesters and political opponents. Now that he has returned to the White House and will be buoyed by many allies in his cabinet and in Congress, these threats could become real.” And they certainly have.
During the first Trump’s administration, the ACLU took legal action more than 430 times. In the last six months, they have followed a clear playbook to fight back – and win – challenging a wide range of Trump’s policies that are aimed at destroying our civil rights and civil liberties.
Guest – Ben Wizner, Deputy Legal Director of the ACLU, and Director of the ACLU’s Center for Democracy, which encompasses the organization’s work on free speech, privacy, immigrants’ rights, voting rights, human rights, and national security. For more than two decades at the ACLU, Ben has litigated cases involving the right to protest, freedom of expression online, government surveillance practices, airport security policies, targeted killing, and torture. Since July of 2013, he has been the principal legal advisor to NSA whistleblower Edward Snowden and advised Julian Assange. I’ve known Ben since he started at the ACLU of Southern California over 20 years ago. I witnessed how he devotes his keen legal mind and deep compassion to defending the people he represents who are struggle to vindicate their constitutional rights.
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The Mexican Reintegration Project
Immigration news continues to dominate headlines: from the approval of the bill that provides another $170 billion for immigration enforcement to the images of masked men in unmarked vehicles roaming around cities like Houston, Los Angeles, New York and Chicago… and arresting people from their homes, workplaces, or even just off the street.
Now, these controversial strong-arm tactics haven’t been a total success: court battles, community opposition, and even ICE officer burnout are throwing a wrench into the administration’s deportation goals. Yet still, for millions of noncitizens living in the US, it is impossible not to wonder: what happens if I — or my loved one – is taken from our family and home here without notice…. And transplanted to a country where we no longer have roots? Or community? Or safety?
Our guests today, Professors Luz Herrera and Nancy Plankey-Videla, are among a team of researchers who studied what happens when people are deported or otherwise return to Mexico after they’ve made their home in the US. Were they able to find work? Reunite with family? Find support?
Guest – Luz Herrera is an attorney and Law Professor at Texas A&M University Law School. Her roots are in Los Angeles: In 2005, she co-founded Community Lawyers, Inc. in Compton which – 20 years later – continues to provide access to justice and legal help to under-served communities.
Guest – Dr. Nancy Plankey-Videla is associate professor of sociology at Texas A&M University and currently coordinates the Latino/a and Mexican American Studies Program. She’s also the Director of Graduate Studies in the Sociology Dept. and has a joint appointment in the School of Law. Her research and teaching is informed by a global perspective on inequality and agency.
Civil Liberties, Civil Rights, Gaza, genocide, Human Rights, War Resister
The Dual State: A Contribution to Theory of Dictatorship.
The German Jewish lawyer Ernst Fraenkel escaped from fascist Germany and settled in the United States. In 1941 he wrote an extremely important book which we’re going to discuss today. The book is titled The Dual State: A Contribution to Theory of Dictatorship.
The book explains how Hitler availed himself of two systems of law. The first Fraenkel called the normative state. This is your traditional law that regulates things like contracts and property. It was practiced in Nazi Germany and kept things stable. The second Fraenkel called the prerogative state. These are the arbitrary violence and unlawful actions taken by Hitler and the Nazis. These two systems of law existed side-by-side in Germany. This is what we see developing now in the United States of America.
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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Gaza: Journalists Under Fire
There are so many horrendous consequences from Israel’s genocidal war in Gaza: the tens of thousands of lost lives, with who knows how many thousands still buried under the rubble of war, the intentional starvation of the Palestinian people, the vast destruction of their schools and hospitals and homes and places of business. And then there is the targeting of journalists in Gaza trying to report the news of the war. To date, more of them have already been killed by the Israeli military than were killed in the Civil War, First and Second World wars, the Korean War, the Vietnam War and the war on Afghanistan combined!
So today we cover the story of Israel’s attempt to keep complete and accurate news coverage of the war from the rest of the world, and the costly results of its attempt to do so: the hundreds of lost lives of those brave journalists who are determined to report news of the war no matter what the personal risks and costs may be.
There is now a documentary film that tells the story of what is at stake for the journalists covering the news of the war in Gaza. It is called Gaza: Journalists Under Fire.
Guest – Director and producer Robert Greenwald is the founder of Brave New Films, a nonprofit social justice media organization, and the director of numerous long and short form documentaries including Uncovered: The War on Iraq, Unmanned: Americas Drone Wars, Rethink Afghanistan, and more.
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Civil Liberties, Civil Rights, Economics, Human Rights, police accountability
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AI Generated Police Reports
Police departments across the U.S. are beginning to use artificial intelligence tools like Axon’s “Draft One” to automate the writing of police reports based on body-worn camera audio. While the goal is to save time and reduce paperwork, digital rights advocates are raising serious concerns. The Electronic Frontier Foundation warns that Draft One lacks transparency, making it hard to tell whether errors or biases in reports come from the AI or the officer. They argue this could compromise accountability and justice. The ACLU has also flagged risks tied to AI’s potential for inaccuracy and bias.
Some agencies are moving forward with these tools, but others—like the King County prosecutor’s office in Washington—are banning them outright. As this technology spreads, it’s prompting critical questions: Should AI be trusted to shape official police narratives? And what safeguards are in place to protect the public?
Atlas Of Surveillance
Guest – Beryl Lipton is a Senior Investigative Researcher for the Electronic Frontier Foundation specializing in government transparency and surveillance technology. She leads large-scale public records campaigns and contributes to projects like the Atlas of Surveillance, a searchable database and map that documents the use of surveillance technologies by law enforcement agencies across the United States. Before joining EFF, Beryl worked at MuckRock focusing on prison privatization and public-private partnerships. She serves on the board of Spare Change News and contributes to Gannett New York, where she has helped expose police misconduct records across the state.
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Documentary: The Last Class
We’re pleased to be joined by Heather Kinlaw Lofthouse, the Executive Director of Inequality Media Civic Action. She is the producer of the new documentary, The Last Class, a personal portrait of Robert Reich as he reflects on a period of immense transformation, personally and globally. Reich is of course the well-known political economist, professor, and author, who has worked for four presidents, including as Secretary of Labor for Bill Clinton. He is also the co-founder of Inequality Media Civic Action.
For 40 years, Reich has taught more than 40,000 students and has now retired. Drawing on his lifetime in politics, he has used his class, Wealth and Poverty to offer a deeper look at why inequalities of income and wealth have widened significantly since the late 1970s, and why this poses dangerous risks to our society and democracy itself.
Guest – Heather Kinlaw Lofthouse is the Executive Director of both Inequality Media and Inequality Media Civic Action, nonprofits founded by Robert Reich to make compelling digital content about inequality and threats to American democracy. She serves as Robert Reich’s co-host on the weekly Coffee Klatch podcast, and she produced The Last Class film as part of her new endeavor, CoffeeKlatch Productions.
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Academic Freedom, Civil Liberties, Civil Rights, Human Rights, Immigration, police accountability
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American Association of University Professors v. Rubio
Sadly, listeners to Law & Disorder are all too familiar with how the Trump administration has systematically created a climate of repression and fear on our university campuses. Federal agencies are attempting to deport multiple individuals for their pro-Palestinian advocacy, including Mahmoud Khalil, a leader of the pro-Palestinian protests at Columbia University. These actions have sent chills through the community of noncitizen students and faculty on campuses around the country, causing some to pull out of academic conferences, stay home from protests, and withdraw from other forms of public advocacy and engagement.
While Khalil and other students are actively pursuing their own lawsuits and habeas corpus petitions defending their own First Amendment rights, the Knight First Amendment Institute at Columbia University has filed an innovative lawsuit attacking the Trump administration from a different angle. On March 25, 2025, the Knight Institute filed a lawsuit on behalf of the American Association of University Professors (AAUP), AAUP’s Harvard, NYU, and Rutgers campus chapters, and the Middle East Studies Association, alleging that the Trump administration’s policy of arresting, detaining, and deporting noncitizen students and faculty who participate in pro-Palestinian activism, chills noncitizens from speaking and, by extension, robs these organizations and their U.S. citizen members of noncitizens’ perspectives on a matter of significant public debate. The suit seeks a court order declaring that the policy is unlawful and enjoining the federal government from enforcing it.
In the lawsuit, titled American Association of University Professors v. Rubio, US District Judge William G. Young in Mass. denied the government’s motion to dismiss and set a trial for July 7.
Guest – Xiangnong (George) Wang is a staff attorney at the Knight First Amendment Institute at Columbia University. He first joined the Institute as a legal fellow from 2020 to 2021 before serving as a law clerk to the Hon. William J. Kayatta, Jr. of the U.S. Court of Appeals for the First Circuit. Wang received a B.A. in public policy from Stanford University and a J.D. from Yale Law School.
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Police Accountability Enforcement In Louisville, KY
In the wake of Breonna Taylor’s 2020 murder, the city of Louisville created the Office of Inspector General to provide independent oversight of the Louisville Metro Police Department. In 2021, Ed Harness was appointed the city’s first Inspector General, tasked with investigating police misconduct and recommending policy reforms. His term ends this November, and community groups—including the Louisville NAACP—are calling for his reappointment.
But questions remain about how local reforms will be enforced, especially as the federal government steps back. A recent executive order gives the U.S. Attorney General authority to unilaterally end consent decrees, raising concerns about long-term accountability.
Guest – Ed Harness is a former U.S. Army Military Police officer and Milwaukee police officer, Ed previously served as Executive Director of the Civilian Police Oversight Agency in Albuquerque and led the Dispute Resolution Division of the Wisconsin Better Business Bureau. In addition to his duties in Louisville, he serves as a Board Member at Large for the National Association for Civilian Oversight of Law Enforcement (NACOLE).
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CIA Sponsored Terror, Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, Targeting Muslims, U.S. Militarism, War Resister
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Dangerous Threshold: Long Range Implications Of Bombing Iran’s Nuclear Facilities
In a dangerous escalation of U.S. foreign policy, Donald Trump announced on June 22 that the U.S. had bombed 13 Iranian nuclear facilities in support of Israel. The Israeli-Iranian conflict has already left hundreds dead—including scores of civilians—and now risks igniting a wider regional, if not global, war.
While Trump claimed to broker a ceasefire, Israeli missiles struck Iranian targets just hours later. Iran denied any retaliation but was quickly blamed for alleged missile fire—charges used to justify further Israeli attacks. Trump publicly rebuked both nations, saying he’s “not happy with Israel,” even as White House officials praised his supposed diplomatic intervention. With the region in crisis, global powers maneuvering, and questions mounting over legality and legitimacy, we examine the broader implications for peace, international law, and U.S. democracy. BreakthroughNews
Guest – Brian Becker, national coordinator of the ANSWER Coalition and a longtime critic of U.S. imperialism and military intervention. A leader of the Party for Socialism and Liberation, he’s also a leading voice in the movement to end the occupation of Palestine.
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Cyber Citizens: Saving Democracy with Digital Literacy
Cyber Citizens: Saving Democracy with Digital Literacy is a new book by our own co-host Heidi Boghosian. Heidi explains how the erosion of civics education combined with widespread digital illiteracy, leaves Americans vulnerable to manipulation—by Big Tech, foreign adversaries, extremist movements, and even our own government. She argues that we’re not just under-informed—we’re being actively rewired by the very systems we depend on daily.
Yet people are fighting back and taking cyber citizenship seriously. They include librarians teaching patrons to use Tor, activists leveraging open-source tools, educators using justice-themed games to teach critical thinking, and whistleblowers risking everything to expose abuses by governments and tech giants. Heidi’s earlier books include Spying on Democracy and I Have Nothing to Hide, and her writing has appeared in outlets like the LA Times, the Philadelphia Inquirer, and the ABA Human Rights Journal. She’s on the Advisory Board of the Georgetown Center on Privacy and Technology and the Media Freedom Foundation.
Guest – Heidi Boghosian is executive director of the A.J. Muste Foundation for Peace and Justice, a charitable organization providing support to activist organizations. Before that she was executive director of the National Lawyers Guild. Her book ““I Have Nothing to Hide”: And 20 Other Myths About Surveillance and Privacy was published in 2021 (Beacon Press). She received her JD from Temple Law School where she was editor-in-chief of the Temple Political & Civil Rights Law Review. She has an MS from Boston University’s College of Communication and a BA from Brown University.
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Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, Right To Dissent, Surveillance, U.S. Militarism
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Law Firms Targeted By Trump Administration
Trump and the MAGA movement behind him have taken huge steps to upend and overturn the kind of democracy, however limited by race and class, that we have lived with since our independence from England some 250 years ago. In order to secure their rule, these fascists, like those in the Hitler movement 90 years ago, attempted to get control of the various apparatuses of our society. They aimed at the major media, the universities, the states like California, the scientific establishment, the medical profession, the cultural apparatus, the top brass in the military, and the big law firms.
Hitler’s fascist party in Germany called this effort “bringing it into line”. What we are going to examine today is Trump’s efforts to dominate the major law firms in America. He has succeeded in dominating some, but not all, of these law firms, which are known as “big law.“ The resistance has been impressive and a tribute to the spirit of fairness in the American legal tradition.
What did Trump do? He told the big law firms that he would sign an executive order banning them from federal buildings, including the courthouses where they practiced. Further, he would take away their security clearances and he would cancel any contracts they had with the federal government. This was calculated to break these firms and they knew it. A target was the venerable firm of Paul Weiss, established in 1875, which was active in the civil rights movement in the 50s. It helped to win the landmark desegregation victory in “Brown vs the Board of Education.” Paul Weiss initially tried to resist. It asked other firms for help. But to no avail.
The other firms refused and instead began to pick off their clients. Faced with financial ruin Paul Weiss gave in and agreed to donate millions of dollars in free legal work to projects of Trump‘s choice. So did other famous firms. Collectively, these firms agreed to furnish Trump with over $1 billion in pro bono assistance to Trump and his projects, like defending cops in cases of police abuse and murder, as in the George Floyd case.
Guest – Los Angeles attorney John Burton was the president of the Board of Directors of the National Police Accountability Project, an organization representing more than 600 police misconduct, lawyers and other professionals throughout the United States. He established his law firm in 1984. Mr. Burton has covered the story for the World Socialist Website. As he has written, the battle Trump started is not over. Four judges have ruled against him. 24 friend of the court amicus briefs have been filed. 1000 law firms have come on board.
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Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens
Among the tsunami of Trump‘s executive orders is EO number 14288. Trump signed it on April 25, 2025. It is ominous. The order is titled Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens.
It orders review and likely cancellation of police/citizen consent decrees like the one the movement in Minneapolis won against the Minneapolis Police Department after they murdered George Floyd several years ago. It militarizes law-enforcement by distributing military assets to local police forces and encouraging coordination between the Department of Defense and Federal-local law-enforcement. One of its core objectives is to establish pro bono representation by some of the biggest law firms in America to help shield offending police from suits against them for abuse of local citizens. Trump previously secured agreements with these firms to provide over $1 billion with a representation for free to entities that he designates.
Guest – Russ Bellant has researched rightist, fascist, and the Nazi forces in the United States for over 50 years. He has published articles in many magazines and has written three books based on his research. They include Old Nazis, The New Right and the Republican Party and The Religious Right In Michigan Politics. Email: RussBellant (at) gmail.com (reply that you want to be on the email list)
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