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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Law and Disorder April 30, 2018

 

Kisela vs Hughes: Qualified Immunity

All too often government officials including law-enforcement agencies get away with gross abuses of power because they invoke the doctrine of qualified immunity. This is a doctrine which protects police who kill civilians.

In the United States, 2,934 civilians were shot and killed by police since 2015. That is nearly 1000 people a year. In most European countries the number of people killed by the police is zero.

The doctrine of qualified immunity prevents government agents from being held personally responsible for constitutional violations unless the violation was of clearly established law. This is something nearly impossible to prove.

A Supreme Court decision two weeks ago in the Kisela vs Hughes case decided against the plaintiff victim of police abuse by a 7 to 2 majority two liberal justices Sotomayor and Ginsberg dissented. They opined that the majority of supreme court judges have established what they called an absolute shield protecting police from what they labeled palpably unreasonable action that will go unpunished.

Guest – Attorney G.Flint Taylor, a graduate of Brown University and Northwestern Law School, is a  founding partner of the People’s Law Office in Chicago, an office which has been dedicated to litigating civil rights, police violence, government misconduct, and death penalty cases for more than 40 years.

Guest – Attorney Ben Elson is a partner at the People’s Law Office. His practice focuses on representing victims of police and other governmental misconduct in civil rights cases, including people who have been wrongfully convicted, subjected to police brutality, and denied medical attention. He has obtained tens of millions of dollars in compensation for his clients through verdicts and settlements.

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Lawyers You’ll Like: Cathleen Caron – Justice In Motion

Attorneys who represent migrant workers face a host of challenges in transnational employment litigation. Some of these challenges range from not being able to obtain a visa for clients posed to begin trial but are physically back at home in Guatemala or another country, and cannot return to testify. Or clients may be entitled to past wages but their US lawyers are unable to find them once they have left the States.

For some lawyers, it’s cost-prohibitive to keep in contact or to track down clients when the case goes to trial and forgo representing them entirely.

This is where the organization Justice in Motion comes in. Their unique cross-borer model helps advocates and migrants overcome these barriers to what they call portable justice. Their mission is to ensure that migrants who suffered exploitation abroad are able to access justice even if they have returned to their home countries. They connect advocates and defenders, and support the development of cases to ensure that transnational litigation is working effectively and smoothly on behalf of migrants. They play a pivotal role in persuading attorneys to work on cases with a transnational dimension, and to not forgo them because of legal or logistical obstacles. This has led to a significant increase in the number of advocates in the region providing transnational legal services to migrants. Justice In Motion 2017 Brochure

Guest – Attorney Cathleen Caron, National Lawyers Guild member, Cathleen is the founding executive director of Justice in Motion, and she’s also one of our Lawyers You’ll Like. Cathleen has more than twenty years of human rights experience in the United States and abroad. Prior to launching Justice in Motion (formerly known as Global Workers Justice Alliance), she was in East Timor where she directed a national needs assessment of the human trafficking situation for the Alola Foundation, chaired by East Timor’s First Lady.

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Law and Disorder April 23, 2018

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 December 4, 2017

Law and Disorder Editorials:

  • Jared Kushner Middle East Policy Advisor

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Free Press: New FCC Rules On Net Neutrality

The Federal Communications Commission recently released a plan to do away with landmark regulations ensuring equal access to the Internet. They pave the way for Internet service companies to charge the public higher rates to see certain content and to even deny access to some websites.

The proposal was made by the FCC chairman, Ajit Pai, an opponent to regulation in general. Pai is the former Associate General Counsel for Verizon Communications, Inc.

The proposal is expected to be approved in mid-December. In his first year Pai, who was appointed by Donald Trump, has already eliminated numerous regulations. The agency has stripped down rules governing TV broadcasters, newspapers and telecom companies designed to protect the public interest. In addition to the net neutrality rollback, the chairman announced a plan to eliminate a rule limiting any corporation from controlling broadcasts that can reach more than 39 percent of American homes.

In a broad brushstroke, the new proposal repeals rules put in place by the Obama administration that prohibit high-speed internet service providers, or I.S.P.s, from slowing down or even stopping the delivery of websites. The Obama rules prevent companies from charging customers extra fees for high-quality streaming and other services. These former rules were drafted to preserve the principle commonly known as “net neutrality” and to prevent practices that would created tiers of access to the Internet.

The plan to repeal existing rules that were passed in 2015 would reverse a hallmark decision by the agency to consider broadband a public utility, as essential to modern lives as phones and electricity. The earlier decision created the legal foundation for the current rules and underscored the importance of high-speed internet service.

Guest – Attorney Gaurav Laroia, Policy Counsel at Free Press. Before joining Free Press, he worked at the Government Accountability Project protecting the rights of national security whistleblowers.

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The Sentencing Project

The United States of America imprisons more of its citizens both in absolute numbers and as a percentage of the population than any other country in the world. Only China comes close. On any given day 2,300,000 Americans are in jail or prison, 70% of them are non-white.

Former Alabama senator Jefferson Beauregard Sessions wants these numbers to rise. He has instructed federal prosecutors to prosecute people for the most serious possible crime and to demand the longest possible sentence.

In the last 30 years the number of people in jail and in prison have skyrocketed by factor of five. Prosecutors are increasingly demanding life sentences without the possibility of parole. Judges have lost their discretion with the implementation of maximum minimum sentencing. The long-term impact of mass incarceration has been devastating, especially to black communities.

Attorney General Sessions has stated that there is “a dangerous permanent rise”
in violent crime, despite FBI data showing a sharp decline in the last 20 years. He has falsely charged that crime increases have been caused by immigrants and that prosecutorial policy under Obama caused crime to increase.

Guest – Marc Mauer, the Executive Director of the Sentencing Project and a central figure in the justice reform movement. The Sentencing Project is a Washington DC based research and advocacy group working to reduce the use of incarceration in the United States and to address racial disparities in the criminal justice system.


Follow Heidi Boghosian on Twitter – @HeidiBoghosian