Law and Disorder August 26, 2019

Victory In New York City Wikileaks Case

Truth telling journalist and publisher Julian Assange and his organization Wiki-leaks won a significant First Amendment victory in federal court in New York City on July 29.

As reported by Oscar Grendel in the World Socialists Website, “The decision by Judge John Koeltl of the US District Court for the Southern District of New York rejected that Assange colluded with Russia. It upheld his status as a journalist and publisher and dismissed claims that WikiLeaks 2016 publication of the leaked emails from the Democratic National Committee was illegal.

We speak today with WikiLeaks lawyer Josh Dratel, who represented WikiLeaks, about this victory for civil liberties and freedom of the press and the right of people to know.

Assange is in terrible and declining health in Belmarsh prison in London waiting extradition to the United States to be tried on 17 counts of espionage for publishing in 2010 troves of information leaked to him by Chelsea Manning demonstrating United States committed war crimes in Iraq and Afghanistan.

The July 29 victory came about when the Democratic National Committee of the Democratic Party attempted to sue Assange and WikiLeaks for publishing DNC Emails on the 2016 Hillary Clinton campaign. They showed that the DNC rigged the primary election against Sanders. Clinton was exposed for taking a $675,000 speakers fee, which some described as a bribe, from the investment banking house of Goldman Sachs to whom she pledged loyalty.

The case the DNC brought against The Russian federation, WikiLeaks and Assange, among others, in 2016 was thrown out of court, with prejudice, by federal judge John Koeltl, a Clinton appointee. Attorney Joshua Dratel defended WikiLeaks.

Please write Julian Assange at this address:

Mr Julian Assange
DOB: 3/07/1971
HMP Belmarsh
Western Way
London SE28 0EB, UK

(Follow These Details In Preparing Letter)

Guest – Attorney Josh Dratel heads a renowned New York City law firm and has a national reputation as a trial and appellate lawyer. He graduated Harvard law school in 1981. Dratel is the past president of the New York State Association of Criminal Defense Lawyers. His many honors include the Frederick Douglass award and the Clarence Darrow award from the ACLU of Idaho. He is the co-editor of the book The Torture Papers: the Legal Road to Abu Graib.

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The Case Of Espionage And Billionaire Pedophile Jeffrey Epstein

When he was alive, the major news media characteristically covered the story of Jeffrey Epstein’s huge pedophile sex ring for a brief news cycle. He was in a federal jail in Manhattan awaiting trial and was dropped out of public view. The salacious aspects of his story were covered briefly. Then he died under mysterious circumstances. The story was briefly revived but diverted to conditions in the jail. But there is much more to it.

In 2007 Florida federal prosecutor Alex Acosta went along with a plea deal which allowed Epstein to plead guilty to a Florida state charge involving prostitution with children and was given an extraordinary light sentence. Acosta dropped federal charges were dropped.

When questioned about this Acosta told a Senate committee inquiring about his credentials to become the secretary of labor in the Trump administration that he, Acosta , was told to back off because Epstein was part of the “intelligence community.“

Was he part of an espionage and blackmail operation? For whom did he work?

Guest – Phillip Giraldi, former CIA agent and counterterrorism specialist and military intelligence officer with the CIA. He is currently executive director of the Council for the National Interest. Geraldi has a masters degree and a PhD.

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Law and Disorder April 22, 2019

NYTimes Armenian Gen

Speaking In Turkish: Denying the Armenian Genocide

Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.

The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.

Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.

As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.

Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.

Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.

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Law and Disorder April 15, 2019

Attorney James Goodale On Julian Assange Arrest

Last week, at the behest of the U.S. government, police entered the Ecuadorian Embassy and arrested Julian Assange on charges of espionage. This case promises to threaten the First Amendment rights of all journalists. We’re honored to have one of the nation’s foremost authorities on First Amendment law, Attorney James Goodale. In the April edition of the Atlantic, he wrote an article titled, Why Julian Assange deserves First Amendment Protection.

Listeners may recall that last fall, a court filing inadvertently suggested that the Justice Department had indicted WikiLeaks founder Julian Assange. The Wall Street Journal, the New York Times, and other outlets reported soon after that Assange had likely been secretly indicted for conspiring with his sources to publish classified government material and hacked documents belonging to the Democratic National Committee, among other things.

Assange started WikiLeaks in 2006 to provide a place for newsworthy information to be confidentially released. The site came gained prominence when Assange obtained thousands of classified documents relating to the Iraq War from US Army soldier Chelsea (born Bradley) Manning.

Guest – Attorney James C. Goodale has represented The New York Times in four of its cases to go to the Supreme Court: the Pentagon Papers case (The New York Times Co. v. The U.S.), The New York Times Co. v. Sullivan (libel), Branzburg v. Hayes (see below) and The New York Times Co. v. Tasini, (digital rights). He developed the argument that the Espionage Act does not apply to publishers or the press.

In a 6-3 decision, the Supreme Court ruled the U.S. Government could not stop the Times from publishing the Pentagon Papers, holding that prior restraints were barred by the First Amendment unless the publication “will surely result in direct, immediate, and irreparable damage to our Nation or its people.” He became known as the “father of the reporter’s privilege.” A prolific writer, he has written two books on the First Amendment, The New York Times v. The U.S. and All About Cable, and approximately 200 articles, particularly on the role of the press in the Information Revolution.

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Al Otro Lado and the Border Crisis

United States President Donald Trump said that we have a “crisis” on the border. He called it an “infestation” and said that “These aren’t people. These are animals.” Last week he fired Kirstjen Nielsen who as the head of the Department for Homeland Security pursued the most aggressive enforcement strategy of any secretary in the history of the organization. Nielsen and the Trump administration has separated children from their parents and instituted an illegal turn back policy using tactics to restrict the numbers of asylum-seekers who want to access the asylum process at points of entry like Tijuana and El Paso.

Tactics used by the administration include lies, intimidating coercion, verbal abuse, physical force, out right denial of access, unreasonable delay, threats, and family separation. The Center for Constitution Rights is currently representing Al Otro Lado, a legal and human rights organization that helps migrants at the border. They are challenging the U S. Customs and Border Patrol on its turnaround policy in a pending lawsuit.

Last month CCR’s chairwoman of the board and Columbia Law Professor Katherine Franke met six students in Tijuana Mexico, across the border from San Diego, California, to advise migrants on what they will face in the hands of US legal authorities.

  • Al Otro Lado provides essential legal support to migrants to prepare them for the asylum process in the U.S. You can support here.
  • Santa Fe Dreamers also provides free legal support to immigrants, with a particular focus on transgender immigrants.
  • Please visit this site if you are interested in contributing to the parole/bail fund for detainees.
  • If you are interested in serving as a sponsor for an asylum seeker.
  • This video offers a very good portrait of the situation at Chaparral where La Lista is maintained and asylum seekers wait for their number to be called.

Guest – Attorney Katherine Franke, is the Sulzbacher Professor of Law, Gender, and Sexuality Studies at Columbia University, where she also directs the Center for Gender and Sexuality Law and is the faculty director of the Law, Rights, and Religion Project (Formerly the Public Rights/Private Conscience Project). She is a member of the Executive Committee for the Institute for Research on Women, Gender and Sexuality, and the Center for Palestine Studies. She is among the nation’s leading scholars writing on law, religion and rights, drawing from feminist, queer, and critical race theory.

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Law and Disorder September 3, 2018

 

Beyond Apology: Child Torture and Cover Ups In the Catholic Church

“How does the Catholic Church evaluate cases of pedophilia committed by priests?”  This is the first question posed in the pamphlet titled “Pedophilia and the Priesthood,” written by Monsignor Raffaello Martinelli. The answer reads in part: These crimes of pedophilia have been labeled as “a crime against the most weak,” “a horrendous sin in the eyes of God,” a crime “that damages the Church’s credibility.”

The most severe condemnation, a source of clear and unequivocal blame, is found in the words of Jesus when, identifying himself with the little ones, affirms in the synoptic Gospels:  And whoever receives one child such as this in my name receives me. Whoever causes one of these little ones who believe in me to sin, it would be better for him to have a great millstone hung around his neck and to be drowned in the depths of the sea (Matthew 18:5-6, Mark 9:42, Luke 17:1-2).

In August 2018 it came to light that for over 70 years, Roman Catholic Bishops and other Church officials in Pennsylvania covered up child sexual abuse by more than 300 priests. They dissuaded victims from reporting the abuse and they convinced police not to investigate it. This is all according to a grand jury report issued last month.

The report, initiate by Attorney General Josh Shapiro, is the widest inquiry by a US government agency into Catholic Church sexual abuse of children. It covers six of the state’s eight Catholic dioceses. It found more than 1,000 identifiable victims but says there are likely thousands more whose records have been lost or who were too afraid to come forward. Shapiro said in a press conference that the cover up by senior officials in the church reached at times up to the Vatican.

At the same time, allegations have been raised that Pope Frances knew Cardinal Theorore McCarrick had abused seminarians, but that he lifted penalties imposed on him by Pope Benedict the 16th.

With these news reports, the Catholic Church has been thrown into turmoil. On the one side are traditional members who argue that sexual abuse can be stopped with stricter adherence to church doctrine. On the other side are reformists urging that the church stop condemning homosexuality and permit gay priests to be open about their sexual preferences.

Today on Law and Disorder we bring you a special examination of the continuing revelations into the extent of sexual abuse of children by Catholic priests, and cover-ups of abuse by Church officials.

After PA Grand Jury Report, Survivors Renew Demand For Federal Investigation Into Church Sexual Violence And Cover-Up

Guest – Attorney Pam Spees from the Center for Constitutional Rights. She has worked closely with SNAP, the Survivors Network of those Abused by Priests, since 2011 with the filing of a complaint at the International Criminal Court. The complaint called for an investigation and prosecution of high-level Vatican officials, including then-Pope Benedict, for the widespread and systematic rape and sexual violence within the Catholic Church.

Guest – Peter Isely founding member of End Clergy Abuse, a new global organization, launched in Geneva in June, of survivor leaders and human rights activists from five continents and 28 countries. Peter wrote a 2003 SNAP white paper to the Department of Justice calling for federal intervention into the matter of clergy sexual abuse. He is a survivor of childhood sexual assault by a Wisconsin priest, one of the founding members of SNAP and previous Midwest Director. A graduate of Harvard Divinity School and a psychotherapist in private practice, Peter established and directed the nation’s only inpatient program for victims of clergy sexual trauma at Rogers Memorial Hospital located outside Milwaukee.

New York Attorney General Underwood Announces Clergy Abuse Hotline: 1-800-771-7755 or File Complaint Online 

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Law and Disorder July 23, 2018

Update:

  • Climate Activists Win in Minnesota Supreme Court, Setting Stage for Historic Climate Necessity Trial

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NARSOL: Sex Offender Laws

Tayler Boncal was a 22-year-old student teacher and track coach at Conrad High School in West Hartford. She was arrested this past February and charged with three counts of second-degree sexual assault for having a consensual relationship with an 18-year-old male student. The young man initiated the relationship and was not a member of the track team. If convicted of sexual assault Ms. Boncal will have to register as a sex offender. Doing so will most likely alter the course of her life.

NARSOL, a nationally recognized non-profit dedicated to restoring the civil and constitutional rights of registered sex offenders, believes that criminal charges in this instance are unwarranted. The group contends that any law that allows an adult to be criminally prosecuted for having a consensual relationship with another adult should be abolished.

Guest – Brenda Jones, has been involved in this cause since September of 2009. She has been executive director of state affiliate FAIR (Families Advocating Intelligent Registries) since its inception in 2010 and in 2012 became the first executive director of NARSOL.

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The Federalist Society: Shifting the U.S. Legal Landscape to the Right

With the recent nomination of conservative attorney Brett Kavanaugh to replace Justice Anthony Kennedy, the United States Supreme Court will have a majority of authoritarian anti-democratic jurists who support a powerful executive. At the same time, Donald Trump has wasted no time in appointing more conservatives to federal judgeships.

More and more we’re hearing that the once little-known Federalist Society is behind these appointments. But it’s now a new development. The Society was formed at Yale University in 1981, and has steadily and quietly been placing its lawyer members in positions of power in the government and judiciary.

In their 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, attorneys Michael Avery and Danielle McLaughlin track the movements of this small group of conservative law students and lawyers and their increasing influence. The Federalist Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Members include economic conservatives, social conservatives, Christian conservatives, and libertarians. One of the things that has made the Federalist Society so very effective is their big picture agenda. While they may have differences of opinion on a range of issues, they have successfully put those aside to advance a far-reaching, long-lasting, and broad conservative agenda. Their agenda is chipping away at social gains made since the 1930s. Medicare and Medicaid and Social Security are on the block. So is Roe v. Wage. Citizen United, holding that corporations are persons and money is free speech, and the union-breaking Janus decision are just the beginning. Other attacks on democracy include voter suppression, voter ID laws, and gerrymandering.

Guest – Attorney Michael Avery, the former president of the National Lawyers Guild, and is an expert in the areas of constitutional law and police misconduct.

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Law and Disorder July 2, 2018

 

U.S. Quits UN Human Rights Body

Last week the United States of America became the first country to voluntarily quit the United Nations 47 member main human rights body, primarily over Washington’s claim that the Human Rights Council is biased against Israel.

This was the Trump administration‘s latest snub of the international community. The Human Rights Council is tasked with spotlighting and approving investigations of suspected rights abuses. Never before has a member dropped out voluntarily. Diplomats and activists say that US ambassador Nikki Haley was the driving force behind the decision.

Efforts by the United Nations ambassador Haley to end or water down the routine scrutiny of Israel has failed in recent months at the United Nations General Assembly in New York. The Human Rights Council addresses and array of concerns including discrimination, freedom of expression, the rights of women, LGBT people, and people with disabilities.

Haley declared that “We are withdrawing from the United Nations Human Rights Council, an organization which is not worthy of its name.“

Guest – Phyllis Bennis is a fellow of the Institute for Policy Studies, where she works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.

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Mark Crispin Miller – Julian Assange, Voter Fraud and Fake News

WikiLeaks founder the truth telling publisher Julian Assange is in escalating danger of being sent from England to America where he would likely be tried for espionage, a crime that carries the death penalty.

Assange and WikiLeaks have revealed American war crimes in the middle east, CIA global machinations , and the work of Clinton Democrats in preventing the popular Bernie Sanders from heading up the party ticket.

Assange is presently holed up in the Ecuadorian embassy in London where he was granted political asylum six years ago by past leftist president Rafael Correa. But now, with the change of presidents in Ecuador, Assange has been cut off from the outside world. He has no phone, no computer, and no visitors.

The fresh offensive against him occurred the day after American General Joseph DiSalvo, the head of the US Southern Command, the Pentagon’s arm in Latin America, visited the new right wing Ecuadorian President Lenin Moreno. Moreno has said that Assange is “an inherited problem” and is seeking s better relationship with the United States government, to whom he has already granted a military base.

Guest – Mark Crispin Miller who is a professor of media studies at New York University. Professor Miller has frequently spoken about media propaganda, the engineering of consent for empire, fake news, and the destruction of the independent press. He has been awarded a Guggenheim Fellowship for the humanities and is a vigorous defender of Julian Assange and WikiLeaks.

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