Law and Disorder June 15, 2020

Aerial Investigation Research Pilot Program And Persistent Tracking

As the nation erupts in protests against racially-infused police violence, the Baltimore Police Department has just launched a six-month, day-time aerial surveillance experiment. A Texas billionaire has funded the project that is being operated by an Ohio-based company, Persistent Surveillance Systems. The plane flies overhead and records the movements of everyone in the city.

Michael Harrision, Baltimore Police Commissioner, has justified the nearly $4 million experiment by saying, “There is no expectation of privacy on a public street, a sidewalk.”

The Aerial Investigation Research Pilot Program is, by contract, limited to monitoring such felony crimes as robberies, car jackings, shootings and homicides. Images recorded are, in theory, to be used solely in criminal investigations and will be stored for 45 days. A first prong of the program was conducted covertly in 2016 under a different police commissioner.

The ACLU of Maryland calls this initiative the most comprehensive surveillance of a U.S. city in history. ACLU Senior Staff attorney David Rocah said, “It’s the virtual equivalent of having a police officer follow a resident every time they walk out the door, and if that happened in real life, all of us would understand the huge privacy implications in doing that.”

Guest – ACLU Senior Staff attorney David Rocah has worked on a number of significant cases involving free speech, police misconduct, privacy, election law and more. In 2011 he was an inaugural recipient of the James Baldwin Medal for Civil Rights. David previously worked as a Senior Trial attorney in the Civil Rights Division at the US Dept of Justice, focusing on police misconduct and conditions in prisons, jails and other state institutions.

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President Trump Withdraws From The Treaty On Open Skies – PART 2

The chance for nuclear war which would destroy human life on Earth has never been higher. Just last week President Donald Trump withdrew America from The Treaty On Open Skies.  This treaty is an agreement between 34 nations that allows each country to fly over each other’s territories. The treaty is designed to provide transparency and mutual observation of military developments. He also withdrew from the Intermediary Intermediary Ballistic Missile treaty with Russia. As a consequence the Bulletin of Atomic Scientists has pushed the hands of its doomsday clock on its magazine forward to almost midnight

Shortly after taking office Trump pulled out of the Iran nuclear deal. Trump enjoys the financial and political backing of big business, the banks, the hedge funds, and the military industrial complex. These money interests profit greatly from the nuclear rearmament which is now going on. First under Obama and then Trump $1 trillion is planned to be spent over the next 30 years for a new generation of nuclear weapons, including low yield ones, which are likely to be used.

Whistleblowing truth teller Daniel Ellsberg has recently written the grimly important book The Doomsday Machine. He believes that so far, avoidance of a nuclear war has been miraculous and that the danger is as present today as it was during the Cold War. He thinks seeking profit in spite of the risk of nuclear winter is “institutional madness.“

Guest – Paul Jay is the editor of the blog the theanalysis.news. We will discuss with him the kind of movement that is needed to reverse the nuclear arms race as well as to bring about a democratic organization of the economy.

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Law and Disorder January 20, 2020

Human Rights Attorney Michael Tigar

As we enter into the new decade we look back at where we have been, legally speaking, and where we are headed.

2020 began with President Donald Trump illegally and recklessly ordering the assassination of top Iranian general Qassem Suleimani who was on a peace mission in Iraq at the time he was killed by a US drone.

Although assassination has been secretly used by the US government since the formation of the CIA in 1947, Barack Obama, Trump’s predecessor, began the illegal extra-judicial open assassination of people in what was called “targeted killings.“ This included American citizens.

With regard to deportations, the Obama administration set a record by deporting more than 3 million people. Trump has continued massive deportations but also has illegally frustrated and prevented people fleeing political repression from seeking asylum in America, separating children from families and caging them in a process that continues.

The Authorization for the Use of Military Force was voted on shortly after 9/11 to justify the bombing and invasion of Afghanistan. The AUMF has been used illegally to justify the presence of American troops in the Middle East since then. It was recently renewed.

The Patriot Act has also been renewed, allowing for massive US government surveillance of American citizens in the illegal derogation of their Fourth Amendment right to privacy democratic rights and the rule of law are in obvious, unprecedented, serious jeopardy.

Truth telling whistle blowing Australian journalist Julian Assange, in the most important first amendment civil liberty case, is about to be extradited from London to Virginia where he faces espionage charges. The issue is his right to be a journalist and our right to know. If convicted he will go to prison for life destroying investigative journalism in areas the government deems “national security.“

The peoples’ constitutional right to impeach a president is also in jeopardy. The Democratic party’s attempt to remove Donald Trump from office is sure to fail because of Trump and the Republicans’ refusal to honor the constitution and allow for a fair trial in the Senate.

Trump has appointed hundreds of reactionary judges to the federal trial and appellate benches. A woman’s right to control her own body, decided in the famous case of “Roe vs Wade”, will be decided by the Supreme Court whose ranks have been bolstered by two additional reactionary judges, Gorsuch and Kavanaugh.

The separation of church and state and the separation of powers are also in jeopardy.

Guest – Human rights attorney Michael Tigar, a veteran of 1960s activism. He’s appeared many times before the Supreme Court, taught law at three schools and has written numerous books including the now classic, Law and the Rise of Capitalism and most recently Mythologies of State and Monopoly Power.

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Law and Disorder January 13, 2020

Assassination of Iranian General Qasem Soleimani: Geopolitical Discussion

An assassination is a political murder. Last week, President Donald Trump assassinated General Qasem Soleimani when he was at the airport in Baghdad, Iraq. Soleimani was the second most important leader of Iran. This action is in violation of both American and international law.

Trump ordered the illegal assassination without advising Congress, which is also illegal in violation of the War Powers Act. President Trump however did first advise Israel, Saudi Arabia, and United Arab Emirates, countries which have long favored provoking a war with Iran.

Currently the United States has imposed harsh economic sanctions on the Iranian people hoping they will turn against their government. President Trump called Soleimani a terrorist with the blood of hundreds of Americans on his hands and that he was planning an imminent attack. If Iran should respond to the murder Trump has threatened, in violation of international law, to destroy 52 of Iran’s ancient cultural heritage sites. The US President has sent 3000 additional troops to a wreck because he was sick and threatened to impose sanctions on Iraq if they expel American troops.

Listen To May 27, 2019 Interview With Phyllis On Threats Against Iran.

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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Disrupt, Discredit, and Divide: How the New FBI Damages Democracy

The FBI is suffering a crisis of credibility, making news headlines not for solving crimes but for agency shortfalls and blunders. From Bureau officials lying to cover up leaks, to retaliation against Internal whistle-blowers, to agents facing criminal charges on obstruction to leaking classified material, something is clearly amiss inside the nation’s top law enforcement agency. There have also been several public failures—overlooked warnings in the Parkland, Florida school killings, delays in Olympic doctor Larry Nassar’s sexual misconduct probe, and misconduct by agents after armed militia standoffs in Nevada and Oregon.

That’s why Mike German’s new book, Disrupt, Discredit, and Divide: How the New FBI Damages Democracy, feels especially timely. German is a former FBI undercover special agent whose assignments included infiltrating white nationalist organizations.

Disrupt, Discredit and Divide focuses on how the Bureau transformed after the attacks of September 11, 2001. It went, German asserts, from being a law enforcement agency to a covert domestic intelligence agency, unparalleled in U.S. history. He discusses how leaders took advantage of fears of terrorism to remove longstanding legal checks and balances on agents. By focusing on national security over law enforcement, the Bureau has in fact undermined public confidence in justice and the rule of law.

Guest – Mike German is a fellow with the Liberty and National Security program at the Brennan Center for Justice at NYU Law School. He has worked at the ACLU and served 16 years as an FBI special agent. He is also the author of Thinking Like a Terrorist.

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Law and Disorder September 23, 2019

When at Times the Mob Is Swayed, A Citizen’s Guide to Defending Our Republic

Trump was elected by about 25% of the eligible voters. Half of the voters who could have, didn’t vote. He lost the popular election by 3 million votes. Since then, this appalling man has proceeded to aggrandize his power. Backed by large corporations to whom he gave huge tax breaks and for whom he cut regulations, the military to which he just gave a $750 billion budget, a Republican Supreme Court and the right wing media such as Sinclair Broadcasting and Fox News he has maintained a steady base of support in the population.

Increasing a sense of dread has spread across our country, it appears possible that Trump may get reelected. Democracy and the rule of law are increasingly threatened.

Guest – Constitutional Lawyer, Burt Neuborne is the former legal director of the American Civil Liberties Union and has argued many cases before the US Supreme Court. Attorney Neuborne’s book “When at Times the Mob is Swayed” has been recently published by the New Press. He is currently the Norman Dorsen Professor of Civil Liberties at NYU School of Law.

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Prominent Environmental Activist Maggy Hurchalla Loses Appeal Of 4.4 Million Dollar Jury Verdict

Issues of the environment, citizen advocacy, and the public’s right to know are converging in two South Florida court cases. One involves 78-year-old Maggy Hurchalla, a former Everglades Coalition’s Conservationist of the Year and winner of a National Wetlands Award from the Environmental Law Institute. Now she owes a developer $4.4 million for speaking out about a critical local environmental issue.

In 2012 Hurchalla learned that Lake Point Restoration was considering conveying water to West Palm Beach for a fee. She complained about the company’s operation in emails to Martin Country commissioners and after Lake Point lost out on some contracts. Lake Point claims Maggy lied and was intent on hurting the company.

In a second related case, the nonprofit Everglades Law Center requested a transcript of a closed door meeting of South Florida Water Management’s governing board. The response? They were hauled into court, with Maggie Hurchalla added to the lawsuit.

Guest – Professor Richard Grosso, director of environmental and land use practice at NOVA Southeastern University. Professor Grosso is a widely recognized legal expert, practicing attorney and policy advocate, with over 30 years of experience litigating and advocating on statewide and south Florida environmental issues.

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Law and Disorder July 15, 2019

The Decline And Fall Of The American Empire

If a modern day Gibbons were to write about the decline and fall of the American empire she would surely feature Trump’s bringing road crushing Abrams tanks and F15 fighter planes into Washington DC. Gibbons wrote about Julius Caesar who brought his imperialistic troops into Rome. To do so they had to cross the Rubicon river. This ended the Roman Republic. Today, July 4, 2019 symbolically marks the American crossing of the Rubicon. You can’t have democracy at home and imperialism abroad. That was the lesson of Gibbons’ three volume history. But that won’t be discussed“ on Fox and Friends” so Trump will remain ignorant. The rest of us should be scared.

If there is a shattering event in our country those tanks and planes will be aimed at us.

Michael Steven Smith – July 4, 2019

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Autonomous Weapons Systems And Laws of War

The Pentagon is developing for future deployment a variety of autonomous weapons systems. They are known as “killer robots“.

They will be active in the air, on the land, and on the sea. Killer robot deployment potentially conflicts with the laws of war. The Navy, the Air Force, and the Army will all have them. The robots will use algorithms and artificial intelligence. Once deployed they can operate for months on their own, monitoring, selecting, and destroying targets, including people.  CampaignToStopKillerRobots.orgArmscontrol.org 

Guest – Professor Michael Klare, Five College professor emeritus of peace and world security studies, and director of the Five College Program in Peace and World Security Studies (PAWSS), holds a B.A. and M.A. from Columbia University and a Ph.D. from the Graduate School of the Union Institute. He has written widely on U.S. military policy, international peace and security affairs, the global arms trade, and global resource politics. His books include American Arms Supermarket (1984), Low-Intensity Warfare (1988), Peace and World Security Studies: A Curriculum Guide (Fifth Edition, 1989; Sixth Edition, 1994), World Security: Challenges for a New Century (First Edition, 1991; Second Edition, 1994; Third Edition, 1998), Rogue States and Nuclear Outlaws (1995), Light Weapons and Civil Conflict (1999), Resource Wars (2001),Blood and Oil (2004), and The Race for What’s Left (2012). His articles have appeared in many journals, including Arms Control Today, Bulletin of the Atomic Scientists, Current History, Foreign Affairs, Harper’s, The Nation, Scientific American, and Technology Review.

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Supreme Court On Partisan Gerrymandering And The Census Question

The underlying premise of our radio program Law and Disorder is in the words of our founder attorney Michael Ratner that democracy and the rule of law are increasingly becoming incompatible with capitalism and imperialism. A terrible example of this is the recent Supreme Court decision on partisan gerrymandering. The majority decision, written by chief justice John Roberts, was joined by his fellow four right wing pro-corporate authoritarian judges Thomas, Alito, Gorsuch and Kavanaugh.

In its unprecedented decision in Rucho v. Common Cause and Camon v. Bemusement Roberts wrote that supreme court would not get involved in election rigging matters, although majority rule is a foundation of American democracy.

In addition to gerrymandering, another anti-democratic strategy practiced historically in the US has been voter suppression. Most infamously, the Democrats did this during the Jim Crow era to prevent recently freed slaves from voting.

Currently the Republican Commerce Secretary Wilbur Ross attempted to suppress votes by including a citizenship question on the census, which occurs every 10 years, and which determines money allocations among other things. In this instance the Supreme Court recently ruled that the question cannot be asked.

Guest – Attorney Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, JURIST, Truthdig, Portside, Alternet, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Her website is http://marjoriecohn.com/

Law and Disorder October 29, 2018

 

What Happened To Journalist Jamal Khashoggi?

This much has become clear: 33-year-old Saudi Arabian crown prince Mohammed bin Salman knew of or directed the gruesome torture, murder, and dismemberment of Saudi journalist and Washington Post columnist Jamal Khashoggi at the Saudi consulate in Istanbul on October 2, 2018.

The US has had an alliance with the Saudi theocratic monarchy since it was forged by President Roosevelt in 1945 at the end of World War II.

The United States needs Saudi Arabia to help rule the Middle East. It needs their cooperation in keeping oil prices low, their petro-dollars, their arms purchases, and it needs Saudi Arabian support for both its planned war against Iran and it’s support for a joint Israeli/American planned effort to permanently repress the Palestinian people, an effort which Trump has put his son-in-law Jared Kushner in charge of. But with the murder of Khashoggi the US/ Saudi alliance is beginning to fray.

Guest – Attorney Abdeen Jabara, the former president of the Arab American Anti-discrimination Committee, a leader of Palestine solidarity work in the National Lawyers Guild. He’s also a former board member at the Center for Constitutional

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Necessity Defense: Climate Defense Project

Earlier this month a judge dismissed the case against three environmental activists who were charged with damaging a northern Minnesota pipeline in 2016. The defendants call themselves as “valve turners.” They shut off the valves of two Enbridge Energy Company pipelines near Leonard in Clearwater County to protest the oil industry’s contribution to climate change. The action was part of a coordinated effort across several states.

Like the defendants, their 3-person legal team traveled thousands of miles to present their case in the small northwoods town. The team consisted of Kelsey Skaggs from the Climate Defense Project in San Francisco and Twin-Cities based attorney Timothy Phillips along with Oregon-based Lauren Regan.

State representative Pat Garofalo, said: “Today’s decision is irresponsible, and sends the message that protesters are free to engage in reckless, illegal, and dangerous behavior that puts Minnesotans’ safety at risk.” He said this dangerous action needs to be corrected in the next legislative session.” Judge Robert Tiffany dismissed the case at the defense attorneys’ request midway through the second day of trial after County Attorney Alan Rogalla rested his case.

Tiffany granted the dismissal based on arguments from the defense attorneys, one of which was that the prosecution failed to prove the defendants had damaged the actual pipeline rather than merely the chains and locks bound to the pipeline valve. Enbridge supervisor Bill Palmer testified that simply shutting off the valve would not have caused any damage to the pipeline.

Guest – Kelsey Skaggs, Executive Director of the Climate Defense Project.

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