Civil Rights, Human Rights, Prison Industry, Supreme Court
Podcast: Play in new window | Download
Two Very Important Supreme Court Decisions
When does the government cross the line from using its highly visible bully pulpit to advocate for policies and principles it has every right to promote into the prohibited zone of threatening to use its awesome powers to punish viewpoints it opposes by coercing others to refrain from doing business with the speaker.
In two very important recent decisions, the U.S. Supreme Court was asked to decide whether it is still the law of the land that a government entity’s “threat of invoking legal sanctions and other means of coercion” against a third party “to achieve the suppression” of disfavored speech violates the First Amendment.
In National Rifle Association v. Vullo, in a rare unanimous opinion written by Justice Sonia Sotomayor, the Court held that “Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”
But the decision in the related case of Murthy v. Missouri, was not unanimous. In that case a federal district judge had ruled that the U.S. Surgeon General (Vivek Murthy) and other government officials violated the First Amendment by seeking to convince social media platforms to remove content the government deemed disinformation about COVID, the 2020 election and other subjects.
But on June 26, the Court punted. A 6 member majority – made up of both conservatives and liberals – held that the plaintiffs did not have standing. In dissent, three conservative justices said they would have found standing and on the merits they would have found a First Amendment violation.
Guest – Attorney David Cole argued the NRA case in the Supreme Court. He’s been the National Legal Director of the American Civil Liberties Union (ACLU) since 2016. He previously served as a staff attorney for the Center for Constitutional Rights. He has litigated a wide array of major civil liberties controversies and has personally argued 8 cases before the US Supreme Court and served as counsel in more than 30.
—-
Abolition Labor: The Fight To End Prison Slavery
Operating in the secrecy of the nation’s more than 1,800 prisons, a kind of shadow slave culture is being fostered. Few Americans are aware of the exploitative and pervasive practice of forced prison labor. The 13th amendment to the US Constitution abolished slavery, but it made one exception: prison labor.
Prisoners are forced to work with minimal or non-existent wages, and often with no labor protections. Understanding the scope and implications of forced prison labor is crucial for anyone concerned with social justice and equity. It calls for a re-examination of our treatment of incarcerated persons and for alternatives that promote fairness for everyone, regardless of their legal status. By shining a light on this issue, we can advocate for reforms that prioritize rehabilitation over punishment and strive towards a more just and humane criminal justice system. A new book, Abolition Labor: The Fight To End Prison Slavery, provides an eye-opening overview of the extent of this problem.
Guest – Andrew Ross is a renowned social activist, author, and Professor of Social and Cultural Analysis at New York University, where he also directs the Prison Research Lab. Andrew has contributed to prominent publications like The Guardian, The New York Times, and The Nation. He has authored or edited over twenty-five books, with the recent work, Abolition Labor, co-authored with Aiyuba Thomas and Tommaso Bardelli.
Guest – Aiyuba Thomas recently earned his M.A. from NYU’s Gallatin School of Individualized Study and is an affiliate of the NYU Prison Research Lab. He currently serves as project manager for the Movements Against Mass Incarceration’s archival oral history project at Columbia University. There, he documents the experiences and challenges faced by those affected by the criminal justice system. His firsthand perspective and his extensive knowledge on the subject makes him a powerful voice in the conversation of abolishing forced prison labor.
—————————————-
Civil Rights, Gaza, genocide, Human Rights, U.S. Militarism, Violations of U.S. and International Law, War Resister, Whistleblowers
Podcast: Play in new window | Download
Freedom For Julian Assange!
After serving 1901 days in solitary confinement in a tiny cell in the infamous Belmarsh prison in London, journalist and publisher Julian Assange is free at last.
Julian gained his freedom pursuit to a plea bargain with the government of the United States which had sought to extradite him and try him under the 1917 Espionage Act. He faced a certain conviction in a hostile Virginia court and 175 years in prison on 17 counts of conspiracy to commit espionage for receiving and publishing information damaging to the United States government.
Julian Assange was forced to plead guilty to one count of espionage in return for the time he has served in prison. Prior to that he was confined for seven years in the Ecuadorian Embassy in London, where he had sought and received political asylum.
The alleged crime he was accused of committing was the receipt and publication in 2010 of the so-called Iraq and Afghanistan war logs which document American government guilt in torture and murder including the 11 civilians and two Reuters journalists.
Julian Assange was sentenced to time served by an American federal court judge on an island in the Pacific Ocean 2000 miles from Australia. Julian Assange will now be living as a free man in Australia with his wife and two children.
Until Julian Assange Is Pardoned Press Freedom Remains At Risk – article by co-host attorney Stephen Rohde
Guest – Randy Credico, a steadfast supporter of Julian Assange. Mr. Credico. hosted the program “ Countdown to Freedom” in support of Julian for many years. He had visited him in Belmarsh prison.
—-
War Crimes, Dictators and the ICC
The International Criminal Court (ICC) along with the International Court of Justice (ICJ) were set up in 1998 in order to help prevent wars and crimes against humanity with the profound understanding that without a system of international law. a future World War III might eliminate humanity.
The United States of America, under Bill Clinton, was one of seven countries that voted against the Rome statute which set up the International Criminal Court. Clinton did eventually sign the statute but George Bush “unsigned“ it and the United States has had a testy relationship with the court. Indeed under Trump, the US imposed sanctions on the court and its prosecutor.
Last month Imran Khan, the chief prosecutor of the International Criminal Court, issued arrest warrants for Israel Prime Minister Benjamin Netanyahu and Yoav Galant, the Israeli Minister of Defense for war crimes and crimes against humanity. The ICC also issued arrest warrants for three top leaders of Hamas.
Guest – Attorney Reed Brody, was a friend, colleague, and mentee of our late cohost Michael Ratner. Reed Brody is the author of the recently published book To Catch a Dictator: The Pursuit and Trial of Hissene Habre. He has worked for many years with Human Rights Watch. Reed Brody has helped pursue the dictators Augusto Pinochet of Chile and Jean-Claude “ Baby Doc” Duvalier of Haiti. He has uncovered atrocities by US backed Contras in Nicaragua, led United Nations missions in El Salvador and the Congo, and exposed Bush administration torture.
—————————————-
Civil Liberties, genocide, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
Podcast: Play in new window | Download
A Brief History of Kill Lists, From Langley to Lavender
Two artificial intelligence systems are being used by Israel and the United States to compile kill lists of Palestinians in Gaza. They are called Lavender and Where’s Daddy. This has led to the indiscriminate slaughter of whole families and has killed mostly women and children. The CIA and the US military have always tried to use the latest data processing technology to identify and kill their enemies. The history of American government assassinations goes back to collaborating with ex-Nazi intelligent officers after World War II.
Guest – Medea Benjamin, is co-founder of the international antiwar organization CODEPINK. She is the author of several books, including, with Nicholas J.S. Davies, War in Ukraine: Making Sense of a Senseless Conflict. She has been an advocate for social justice for more than 40 years. Described as “one of America’s most committed — and most effective — fighters for human rights” by New York Newsday, and “one of the high profile leaders of the peace movement” by the Los Angeles Times, she was one of 1,000 exemplary women from 140 countries nominated to receive the Nobel Peace Prize on behalf of the millions of women who do the essential work of peace worldwide.
—-
A Trend In Abolishing Capital Punishment
A growing number of states have abolished capital punishment in recent years. However, the death penalty remains on the books in 27 states, although the number of executions in American is at an all-time low. It is well documented that the death penalty is riddled with fatal flaws. Literally, the flaws are denying defendants a fair trial and are killing innocent people. An average of 4 wrongly convicted death-row prisoners have been exonerated each year since 1973.
According to recent research, jurors are three times more likely to recommend a death sentence for a black defendant than for a white defendant in a similar case. The death penalty does not serve as a deterrent. A study by the Death Penalty Information Center found that the South has consistently had by far the highest murder rate, yet the South accounts for more than 80% of all executions. The Northeast, which has fewer than 0.5% of all executions, has consistently had the lowest murder rate.
Guest – Mike Farrell is the President of Death Penalty Focus, an organization on whose Board I’ve served for many years. Known to millions as “B.J. Hunnicutt” on television’s historic show “M*A*S*H,” he is also a writer, director and producer. A human rights activist for over 35 years, Mike has taken part in scores of aid missions and human rights delegations to countries all over the world. Mike has visited prisons and been personally involved in numerous death penalty cases across the U.S. for over three decades.
—————————-
CIA Sponsored Terror, Civil Liberties, Extraordinary Rendition, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
Podcast: Play in new window | Download
I Am Gitmo
It’s been 22 years since the United States opened its prison at the Guantanamo Bay Naval Base in Cuba. Specifically, it was four months after the September 11, 2001 attacks on the World Trade Center. And that was when we started seeing images of men and boys arriving there, bound and hooded, in orange jumpsuits, confined indefinitely without charges, legal process or trials…. And it was not long after that we began hearing reports that the US government was using torture, and even that prisoners were dying there – again, without even being charged with any crime let alone tried by any court.
The US justified its tactics as necessary to win the “War on Terror.” But UN Experts and human rights advocates globally have called for the US to close the facility due to its “unrelenting human rights violations.”
In 2009, President Obama took steps to close Guantanamo… but in 2018, Trump signed an executive order to keep it open. President Biden then came in, signaling he’d close it, but the subject has been largely ignored ever since. Today, thirty prisoners remain. Where To Watch I Am Gitmo In Theaters
Guest – Philippe Diaz, a filmmaker is shining a spotlight on the humanity of the men and boys who have lived – and some who have died – in Guantanamo. His latest film, the award-winning I Am Gitmo, is a story about a Muslim schoolteacher in Afghanistan who was accused of being involved in the September 11th attacks and imprisoned in Guantanamo Bay prison without charges or hope of being released. Philippe is not only the writer and director of I Am Gitmo, but he is also the founder of Cinema Libre Studio. CLS is a boutique film company created in 2003 with a consortium of partners to provide an alternative structure for intelligent, independent films to get developed, financed, produced and distributed.
—-
22 Years of Guantánamo Bay Detention Center
The notorious detention center at Guantanamo Bay is high among the most shameful steps taken during George W. Bush’s War on Terror. It remains a symbol of lawlessness and human rights abuses. In a recent letter, 17 US Senators, argued that the detention facility continues to harm U.S. national security by serving as a propaganda tool for America’s enemies and hinder counterterrorism efforts and cooperation with allies.
January 11 2024 marked the 22nd anniversary of Guantánamo’s opening. It has cost the United States $540 million each year. That’s almost a total of $12 billion and counting. There are now still 30 men remaining in detention at Guantánamo—more than half of whom have not been charged with any crime and have been approved by US national security leadership for transfer out of Guantánamo. Some of these men have been approved for transfer for years, and at least one has been approved for transfer for more than a decade, yet these 16 men have continued to languish in indefinite detention. None of the innocent detainees has ever been compensated for their wrongful detention. Sadly, Guantanamo is but one example of the forms of torture which the United States engages in and supports.
Guest – Rev. Ron Stief, an ordained minister in the United Church of Christ, who is the Executive Director of the National Religious Campaign Against Torture (NRCAT), an interfaith organization of more than 325 religious organizations committed to ending U.S.-sponsored torture. Rev. Stief sits on the Steering Committee of Shoulder to Shoulder / Standing with American Muslims Upholding American Values, co-leads the national advocacy strategy of the Washington DC Interreligious Staff Community, and is a member of the Federal Anti-Solitary Task Force which works to end solitary confinement in federal prisons, jails and immigrant detention.
———————
Civil Liberties, Gaza, genocide, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
Podcast: Play in new window | Download
Counter Protest Tactics Attempt To Plague University Anti-Genocide Encampments
As the Israel-Gaza War rages on, protests have spread throughout American campuses as students oppose Israeli’s military onslaught and the tragic humanitarian crisis in Gaza. Student have demanded a ceasefire, an end to US military support for Israel and that universities divest from Israel. In response, University officials have suspended and expelled students, banned pro-Palestinian student groups, called in the police and sent mixed messages on students’ right to free speech. At UCLA, a group of counterprotesters launched a violent attack on pro-Palestinian protesters.
Guest – Salam Al-Marayati, president and co-founder of the Muslim Public Affairs Council, where he oversees MPAC’s groundbreaking civic engagement, public policy, and advocacy work. Salam Al-Marayati is an expert on Islam in the West, Muslim reform movements, human rights, democracy, national security, and Middle East politics. He has spoken at the White House and on Capitol Hill and has represented the U.S. at international human rights and religious freedom conferences. He is very active in interfaith dialogue, which is where I first met him in the wake of 9/11 in my capacity as a leader of Interfaith Communities United for Justice and Peace.
—-
NYU Encampment and Arrests
In early May, New York Police Department officers demolished pro-Palestinian encampments, and arrested 56 student protesters, at New York University and the New School. Officials at both universities enlisted the police their assistance in tearing down the tents.
The NYU encampment was at the John A. Paulson Center on Bleecker Street. Professors there released a statement condemning the decision to call in the municipal police, calling it “another shameful moment in NYU history” that had put students at risk. NYU’s Palestine Solidarity Coalition posted on social media: “We have seen seven months of targeting pro-Palestinian speech on this campus, and thus cannot agree with the admin’s claims of acting in good faith.”
Supporting student protesters at several NYC campuses has been Mumia Abu-Jamal, who has called in to address them from Mahanoy state prison in Pennsylvania. Mumia has told students that they are on the right side of history by electing “not to be silent and to speak out.”
Guest – Xavier Fitzsimmons-Cruz, Xavier recently earned his master’s degree at NYU; this fall he will begin working toward his PhD in history at the City University of New York.
————————————
Civil Liberties, Civil Rights, Human Rights, U.S. Militarism, War Resister
Podcast: Play in new window | Download
We remember cultural historian and scholar Bruce Franklin. H. Bruce Franklin, a regular guest here on Law and Disorder, passed away last week, on May 19, at the age of 90. He was one of the country’s leading historians, and a scholar in American studies, science fiction, and other diverse fields. Bruce Franklin’s memory lives on through his many books, and his hundreds of professional articles.
—
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.
———————————–
