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.org / Armscontrol.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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Law and Disorder May 21, 2018

 

Middle East Round Up: Brian Becker

Iran and Gaza are at both at critical and potentially catastrophic junctures. Iran faces new challenges due to because of  Donald Trump’s denunciation of the 2015 nuclear deal with Iran and the re-imposition of sweeping sanctions. As well, recent elections in Iraq pushed Iran’s allies in Iraq’s Shia militias–the Popular Mobilization Forces—into second place by nationalist Moqtada al-Sadr.

The element within the Republican Party with deep pockets is the Republican Jewish Committee. They support Netanyahu and his Likud party. The RJC supported both the blowing up of the Iran deal and the move of the Embassy to Jerusalem. Now they support Netanyahu’s crushing of the Palestinians in Gaza.

Iran also risks being diplomatically out-maneuvered. Israel Prime Minister Benjamin Netanyahu was in Moscow recently, aligning his interests in Syria with Vladimir Putin’s. In what is becoming routine coordination, Israel forewarned Russia of its attacks on Iran. Viewed from Tehran, Russia, Iran’s ostensible brother-in-arms in Syria, is more and more unreliable. Its Saudi foes are greatly encouraged by Trump’s offensive.

Guest – Brian Becker, the National Coordinator of the ANSWER Coalition and a leader of the Party for Socialism and Liberation. Brian has been a central organizer of the mass anti-war demonstrations that have taken place in Washington, D.C. in the past decade.

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Stories From Trailblazing Women Lawyers

Before the Civil War there were six women lawyers in the entire United States of America. By 1890 there were about 200 and by 1900 about 1000. Women then could not even vote.

It was nearly impossible for a woman to get admitted to a law school or find a job when she graduated. Things did not qualitatively change until the late 1960s and 1970s.

By then, as a consequence of a number of factors including the great civil rights movement, the women’s movement, and the empty law school seats created by drafting men to serve in the Vietnam War, women were able to fight discrimination and win law school admission first by protesting in the streets and then through legislation, court decisions, and the actions of a few forward looking politicians.

Now half of the students in American law schools are women. They are professors in those very same places, indeed, the deans of the two most prestigious law schools in America, Harvard and Yale, are women. They are partners in law firms, hold important positions and governmental agencies, and are judges on the bench.

They have made a difference in the measure of social justice obtained by people in this country by advancing peoples’ and women’s rights in education, healthcare, employment, discrimination, family life, and violence against women.

Guest –Jill Norgren, the author of the just published book Stories From Trailblazing Women Lawyers. Ms. Norgren is Professor Emerita of Political Science at John Jay College and the Graduate Center, the City University of New York. She is the author of several books including Rebels at the Bar.

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Law and Disorder May 7, 2018

 

Political Analysis: United States Attacks On Syria

The recent American cruise missile attack on alleged chemical war infrastructure in Douma, Syria have been defended as legitimate, if not legal. Trump called Syrian president Assad “ an animal“ who gassed his own people and had to be deterred from further attacks on them.

Critics of the attack have said that it violated both American and international law and risked nuclear warfare. They argued that our Constitution states that only Congress can declare war, that there was no question of self-defense, that the United States was under attack, and that in any case The United Nations charter, to which the United States is a signatory, precludes what United States did. The UN charter is a treaty which binds America and is part of American law.

Guest – Attorney Marjorie Cohn, professor emerita at Thomas Jefferson School of Law and former NLG president. My book, ‘Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues,’ was recently published in a second, updated edition. marjoriecohn.com.

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Inside Iran: The Real History And Politics Of The Islamic Republic Of Iran

Medea Benjamin presented a powerful book talk at the A.J Muste Memorial Institute. Medea was introduced by our own Heidi Boghosian.

Medea Benjamin is the co-founder of the women-led peace group CODEPINK and the co-founder of the human rights group Global Exchange. 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. She received numerous prices, including: the Martin Luther King, Jr. Peace Prize from the Fellowship of Reconciliation, the Peace Prize by the US Peace Memorial, the Gandhi Peace Award, and the Nuclear Age Peace Foundation Award. She is a former economist and nutritionist with the United Nations and World Health Organization.

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