Law and Disorder March 6, 2017

Attorney Kellyanne Conway: Ethics Complaint

President Donald Trump and his main advisor Steve Bannon have declared war on any press that is critical of them. Last week in an historically unprecedented move they banned the New York Times and CNN from a news conference.  President Donald Trump’s spokesperson Kellyanne Conway has countered factual reporting with what she calls “alternative facts”, that is, lies. In order to raise the fear level of the population two weeks ago she falsely claimed a muslim carried out a terrorist massacre in Bowling Green, failing to indicate whether it was Bowling Green, New York, Bowling Green, Ohio, or Bowling Green, Kentucky.  Also that week she promoted Ivana Trump’s product line trying to perk up sales of Trump’s fading brand after her jewelry and dresses were dropped by Nordstrom and other department stores.

Kellyanne Conway is a lawyer who graduated from George Washington School of Law in Washington DC. Lawyers’ unethical and illegal conduct is monitored by the Bar Association there. In response to her unethical conduct a number of law professors who specialize in legal ethics filed a complaint with the association.

Guest – Attorney Ellen Yaroshefsky, a specialist in ethics who teaches at Hofstra Law School. Ellen Yaroshefsky is a former staff attorney and then board member of the Center for constitutional rights.  She is a leader of the National Lawyers Guild. Currently, she is the director of the Monroe Freedman Institute for the Study of Legal Ethics at the law school at Hofstra University.

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Obama v Bahlul Case: First Amendment Protections And More

We are on the verge of unconstrained military power to suppress dissent under Commander-In-Chief Donald Trump.  Section 1021 of the 2012 National Defense Authorization Act would allow him to fully put into effect the military detention of dissenters who oppose government wartime policies or support whistleblowers who bring those policies to light. In the case of ” Hedges versus Obama”,  the Department of Justice argued that “mere expressive activities” could be sufficient grounds for military detention of civilians such as journalists and US citizen Chris Hedges, at the Commander-In-Chief’s discretion. The conspiracy conviction by a Military Commission of Mr. Ali al Bahlul,  who made a movie promoting Al Qaeda, is going before the Supreme Court. He is represented by three attorneys including our guest Attorney Todd Pierce.

Guest -Todd Pierce, an attorney and a retired U.S. Army Judge Advocate General Corps Officer. He served as a military defense counsel before the Military Commissions on teams representing three Guantanamo clients. He remains involved with Guantanamo related issues as co-counsel on a Guantanamo case currently before the appellate courts as well as consulting on related human rights cases. He serves on the Advisory Board of ExposeFacts.org. He writes as a critic of U.S. foreign and national security policy, regularly contributing to Consortiumnews.com, antiwar.com, mondoweiss.net, and other media. He is a member of the Veteran Intelligence Professionals for Sanity and Sam Adams Associates for Integrity in Intelligence and the Consultative Counsel of Lawyers Committee on Nuclear Policy. He currently is working on a Masters Degree in Politics at the New School in New York with a particular focus on the works of Hannah Arendt and her writings on imperialism and totalitarianism.

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Law and Disorder February 27, 2017

My Friend Cayla And Other Toys That Spy

Several consumer advocates are urging retailers including Amazon.com and Walmart to stop selling a doll that can eavesdrop on children and families.

The groups are calling on the retailers to discontinue sales of the doll called My Friend Cayla after filing a complaint in late 2016 with the Federal Trade Commission. The complaint alleges that Cayla and another toy, the I-Que Robot, which isn’t sold in the U.S., can transmit recordings to Nuance Communications, a speech-to-text software company that contracts with military and law enforcement agencies, among others.

The doll, made by interactive toy maker Genesis, are wireless-enabled devices that advocates say can open the door to hackers, and other privacy violations.

In a letter to Amazon’s CEO, Josh Golin, of the Campaign for a Commercial-Free Childhood, wrote “My Friend Cayla poses significant security risks that could place children in physical danger…A stranger or potential predator within a 50-foot range can easily establish a Bluetooth connection with the doll, eavesdrop on the child, and even converse with the child through the doll.”

A similar letter, also signed by the Center for Digital Democracy and the Electronic Privacy Information Center was sent to Walmart, Target, and Toys ‘R’ Us. Toys R Us said the doll is no longer for sale at its stores or through its website.

Guest – Josh Golin, Josh started at CCFC as an intern in 2003 and has been with the organization in a variety of capacities ever since. Most recently, he served as CCFC’s Associate Director organizing CCFC’s advocacy campaigns and developing its communications strategy. His writings about the commercialization of childhood have appeared in a wide range of outlets. He and his wife Jennifer are doing their best to raise their daughter, Clara, commercial-free.

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Dakota Access Pipeline Dispatch #10

In early February, under orders from President Donald Trump, the Army Corp of Engineers approved and easement allowing Energy Transfer Partners to drill under the Missouri River near North Dakota’s Standing Rock Sioux Reservation. Standing Rock and neighboring tribes are trying to halt the project in court and pipeline opponents have embarked on a so called last stand, holding protests and actions across the nation. Authorities had set a deadline of February 22, 2017 for the protesters to clean up and return home. At the main encampment, trucks are hauling away garbage and abandoned goods. Some protesters are relocating to higher ground nearby on the reservation. In preparation for the evacuation dozens of North Dakota police and National Park Service rangers had surrounded the camp.

Water Protectors Legal Collective – NLG

Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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Law and Disorder February 20, 2017

 

The Deep State: The Fall Of The Constitution And The Rise Of The Shadow Government

A century ago, Ferdinand Lundberg wrote the classic book “America’s 60 Families” describing them, their interconnections and the powerful role they played in American governance.  This was in 1965 when the great sociologist C. Wright Mills wrote “The Power Elite” and then William Domhoff wrote “Who Rules America?” Now, Mike Lofgren has made a significant contribution in describing the workings of the American ruling elite with his book The Deep State: The Fall Of The Constitution And The Rise Of The Shadow Government.

Guest – Mike Lofgren worked in Congress for 28 years, 16 of them as a senior analyst at the House and Senate Budget Committees.  He held a top security clearance. He now represents no political party, no business interest, and no ideology. His previous book The Party Is Over was a New York Times bestseller.

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41s1YjDN5-L Sen. John F. Kennedy, (left), and Allen W. Dulles, Central Intelligence Agency (CIA) director, walks towards newsmen on the lawn of the Democratic presidential candidates in Hyannis Port, MA., home on July 23, 1960. The two men held a news conference after Senator Kennedy was briefed by Dulles on international affairs. (AP Photo/WCC)

The Devil’s Chessboard: Allen Dulles, the CIA, and the Rise of America’s Secret Government

As director of the CIA, from 1952 until Kennedy fired him, Allen Dulles has been said to exemplify unbridled authority at the height of the Cold War. Under his leadership the CIA became a lawless force domestically and internationally that engaged, with impunity, in covert acts such as the assassination of foreign leaders including Patrice Lumubo in the Congo and overthrowing the government led by Jacobo Arbenz in Guatemala.

As an attorney for the law firm Sullivan and Cromwell in the 1930s, Dulles protected and promoted Nazi-controlled cartels. He wielded his influence in the Office of Strategic Services during World War II and then in the CIA to shield former Nazis from prosecution for war crimes in the ’40s and ’50s. David Talbot writes in book The Devil’s Chessboard, ” over the final months of the JFK presidency, a clear consensus took shape within the American “deep state” Kennedy was a national security threat. For the good of the country he must be removed and Dulles was the only man with the stature, connections and decisive will to make something of this enormity happen. so he could enlist them to fight communists. In addition to assisting with the assassination of Congo leader Patrice Lumumba, he organized the Bay of Pigs invasion and tried repeatedly to murder Fidel Castro.

Guest – David Talbot, the author of the New York Times bestseller Brothers: The Hidden History of the Kennedy Years and the acclaimed national bestseller Season of the Witch: Enchantment, Terror, and Deliverance in the City of Love. He is the founder and former editor in chief of Salon, and was a senior editor at Mother Jones and the features editor at the San Francisco Examiner. He has written for The New Yorker, Rolling Stone, Time, The Guardian, and other major publications. Talbot lives in San Francisco, California.

Law and Disorder February 13, 2017

  • Updates: Oppressive Regimes Mask Misdeeds Under The Color Of Law

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Protection From Protecting the Nation from Foreign Terrorist Entry

Public backlash to Donald Trump’s executive order “Protecting the Nation from Foreign Terrorist Entry” has been fast and furious. The order’s stated policy is to protect the country from foreign nationals who intend to commit terrorist attacks in the United States. It directs the Secretary of State and the Director of National Intelligence to determine what information is needed from any country to decide if one of its nationals seeking admission is who he claims to be and does not pose a security or public-safety threat. It gives them 30 days to report the results of that determination with a list of countries that do not hand over adequate information.

The Executive Order imposes a 90-day suspension of immigrant and non-immigrant admission of aliens from countries designated in section 217 (1) (12) of the Immigration and Nationality Act, which excludes aliens who have been present in a specified country from participating in the Visa Waiver program.

Guest – Trina Realmuto, Litigation Director at the National Immigration Project. Trina’s work focuses on litigation before the federal courts on issues related to removal defense and government accountability. Previously, she wrote amicus briefs and practice advisories for the American Immigration Council. She also has worked abroad representing non-citizens applying for visas at U.S. embassies and consulates.

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By Source (WP:NFCC#4), Fair use, https://en.wikipedia.org/w/index.php?curid=52390444

Study : Social Media and Fake News in the 2016 Election

The 2016 presidential race was riddled with controversies, perhaps none more relentless than that of so-called “fake news.” A recent study reveals that fabricated news stories were viewed by only a small percentage of Americans and were likely not as influential in the election outcome as has been suggested.

This comes as Facebook and other social media sites have been criticized for permitting made-up stories to be shared on their platforms. Economists Hunt Allcott of New York University and Matthew Gentzkow of Stanford have released their findings in the report,”Social Media and Fake News in the 2016 Election.”

Guest – Hunt Allcott, Associate Professor of Economics at NYU and a Research Associate at the National Bureau of Economic Research. He is a Scientific Director of ideas42, a think tank that applies insights from psychology and economics to business and policy design problems, an Affiliate of Poverty Action Lab, a network of researchers who use randomized evaluations to answer critical policy questions in the fight against poverty, and a Faculty Affiliate of E2e, a group of economists, engineers, and behavioral scientists focused on evaluating and improving energy efficiency policy.

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Law and Disorder February 6, 2017

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National Lawyers Guild Mass Defense In Action

As confusion quickly spread last week over President Trump’s executive order to temporarily block refugees and deny entry to citizens from seven majority-Muslim countries, protesters converged on airports across the nation. Leaders from tech industries in Silicon Valley came out in opposition to the ban as did recipients at the Screen Actors Guild awards ceremony. Politicians and others called it a dark path for our country, unjust and Anti-American. Defense attorneys set up shop in airport waiting areas, as Customs and Border Protection officials detailed legal permanent residents and visa holders, while denying them access to counsel. Attorneys general from 16 states condemned the order. And National Lawyers Guild Legal Observers and defense attorneys were on full alert, rushing to monitor police activity at airports in cities across the United States.

Guest – King Downing, National Lawyers Guild Mass Defense Attorney. Previously, King directed the Healing Justice Program of the American Friends Service Committee, where he worked on mass incarceration, including solitary confinement, prisoner advocacy and conflict resolution. He is also the former national coordinator of the ACLU’s Campaign Against Racial Profiling, which worked to identify and end “stop and frisk,” including the school-to-prison pipeline and other police abuse.

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Nobody Wanted to Take Us In: The Story of Jared Kushner’s Family, and Mine

Last week President Trump barred entrance to citizens from the predominantly Muslim countries of Iraq, Iran,Syria,Somalia, Yemen, and Libya,  inspiring outrage and acts of solidarity. The conservative Cato Institute showed in a recent study that there were exactly 0 terrorist acts committed by people from these countries from the years 1975 to 2015. Last year alone, some 700 people died falling out of bed. Open immigration to United States was cut off in 1920 by de facto religious quotas excluding people from eastern and southern Europe, that is, Jews and Catholics. At that time Half of the world’s Jews, some 3 million persons, lived in Poland and millions more in the surrounding areas.  Those who did not escape were soon to perish n facist death camps. Rae Kushner, Jared Kushner’s grandmother, lost half her family when most of the 30,000 Jews in her town in Belarus were killed.  She escaped, hiding for a year in the woods, then she was kept in a displaced persons camp, finally in 1948 being allowed into the USA.

Guest – Lizzy Ratner, senior editor at the Nation Magazine. Her family escaped from Bialystok, Poland and came to Cleveland in 1920 before the quotas could exclude them. She recently wrote an article for the Nation Magazine titled Nobody Wanted to Take Us In: The Story of Jared Kushner’s Family, and Mine examingin  the fate of her family and that of the Kushner’s.  Jared Kushner is Donald Trump’s son-in-law and an advisor.  Lizzy Ratner is Michael Ratner’s niece.

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Law and Disorder January 30, 2017

Attorney Jim Lafferty, Los Angeles Protests

Last week president trump the reception of the Dakota Area Pipeline and the Keystone XL pipeline, which will bring dirty tar sand oil from Canada through the USA to the Gulf of Mexico for export. According to James Hansen, the former climate expert for NASA, if this happens it will be “game over for the planet. ” We just learned that Trump is about to sign a package of executive orders threatening Muslims, Arabs, refugees, and immigrants. The women’s march last week after Trump had been in office for two days brought out some for million people across the country voted one half million in Washington DC and 750,000 in Los Angeles. We speak with Los Angeles National Lawyers Guild leader Jim Lafferty, who helped organize the demonstration.

Guest – Jim Lafferty is the former Executive Director of the National Lawyers Guild and a leader of the chapter.  His radio show on KPFK inspired Law and Disorder.   Attorney Jim Lafferty has been active since the civil rights movement in the south in the 60s and was a leader of the  movement against the war in Vietnam. In 2015, Jim Lafferty concluded 25-years as the Executive Director of the National Lawyers Guild in Los Angeles, and is now that organization’s Executive Director Emeritus. For the past 26-years he has hosted a weekly public affairs radio show on Pacifica Radio, The Lawyers Guild Show. He is the Chair of the Board of the Office of the Americas; an elected fellow in the Institute for the Humanities at the University of Southern California; was the co-founder and director of the National Peace Action Coalition during the U.S. war in Vietnam, the group that organized the largest antiwar protests during that war; was the founder and Chair of the Oakland County Branch of the American Civil Liberties Union in Oakland County, Michigan; has been featured in several documentary films, including The Corporation; was the national director of the National Lawyers Guild from 1963-1967; is the author of the afterword in Lawyers You’ll Like; and is the recipient of numerous awards, such as the National Lawyers Guild’s “Law for the People Award”, the Southern California ACLU’s “Defender of Civil Liberties Award”, and the first award from the Los Angeles Coalition to Stop LAPD Spying. As a founding partner of Lafferty, Reosti, Jabara, Papakian, James, Stickgold, Soble and Smith, Mr. Lafferty practiced civil rights, civil liberties, criminal defense, workers’ rights, and military law in Detroit, Michigan.

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Israel And The Palestinian State 2017

The colonial settler state of Israel was formed in 1948 pursuant to a declaration of the United Nations. The declaration  also envisioned a Palestinian state which has so far been prevented by Israel with the support of the United States.  In 1967 the Israeli Army captured the West Bank territory meant to be part of the Palestinian state and has in the last 50 years illegally ruled over a half million settlers who have been placed on the territory. Is it still possible to have a two state solution in the Middle East?  Is it too late?  Have the number of settlers reached a critical mass so that the two state solution is dead? Can the settlers be evacuated? If not, how can there be a Palestinian state?

Guest – Phil Weiss, founder of Mondoweiss, the well read and influential blog. In the past Weiss worked as a mainstream journalist for the Minneapolis Star and the New York Observer, the newspaper owned by Jared Kushner, Donald Trump’s son-in-law who when told that Phil Weiss was not a Zionist, fired him.

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U.S. Drug Policy 2017

With the election of Donald Trump and his selection of  the deeply reactionary former prosecutor and Senator from Alabama Jeffrey Beauregard Sessions as the new Attorney General and chief law-enforcement officer in America the progress in drug policy reform we have had over the last several decades is likely to be reversed. 28 states have legalized some form of medical marijuana and  a number states including Washington, Colorado, and most recently California and Massachusetts have legalized it’s recreational use. But an aggressive attorney general could reverse this.  “Good people don’t smoke marijuana.” said Sessions last year.  He also said that he thought that the KKK was “OK until I found out that they smoke pot.”  Federal law puts marijuana in the same schedule one category as heroin. At his Senate confirmation hearing Sessions would not promise to defer to the states the decision to prosecute people using medical marijuana sanctioned by state law.  He also supports mandatory minimum sentences which fuels mass incarceration and disproportionately targets people of color.

Guest – Ethan Nadelmann the founder and Executive Director of the drug policy alliance joins us today. It is a national advocacy organization for drug law reform that is grounded in science, compassion, and health and human rights.

Ethan was described by Rolling Stone as “the point man” for drug policy reform efforts and “the real drug czar,” Ethan Nadelmann is widely regarded as the outstanding proponent of drug policy reform both in the United States and abroad.Ethan is the founder and executive director of the Drug Policy Alliance, the leading organization in the United States promoting alternatives to the war on drugs.