Civil Liberties, Criminalizing Dissent, Human Rights, Iraq War, Supreme Court, Truth to Power
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Attorney Flint Taylor Update On The Marcus Smith Case In Greensboro, NC
Police in America kill more than 1500 citizens a year. That’s more than three a day and they’re disproportionately Black. Police killed more than 1500 people the year before the murder of George Floyd and in the year since his murder they’ve killed another 1500.
The latest outrageous case has come to the national fore in Greensboro, North Carolina where eight white cops killed Marcus Smith two years ago by hogtying him causing him to suffocate to death . Now they are being sued and they’re trying to cover it up and trying to silence the Smith family’s attorney Flint Taylor, drive him out of the state, and sanction him with heavy financial penalties.
So instead of banning hogtying, settling the case with the Smith family and issuing an apology, they are trying to silence the messenger.
Hogtying can be lethal. It’s done by handcuffing the victim behind his back, shackling his feet, and then tying the handcuffs to the feet bending him over backwards, chest first, in the street. Marcus Smith’s died of asphyxiation within a minute.
On September 8, 2018 Marcus Smith was suffering from a mental health crisis. He was brutally hogtied by the Greensboro North Carolina police officers. The family’s civil rights case is being litigated by Chicago Peoples Law Office attorneys Flint Taylor and Ben Elson, and by Greensboro lawyer Graham Holt. It is worthy of national attention.
The cops’ lawyers have been paid more than $1 million of taxpayer money to date to defend the case. They have escalated their attacks on the Smith family and are seeking to suppress all the damaging evidence that has come to light during the pretrial discovery in the case.
Guest – Flint Taylor of the Peoples Law Office. Taylor is a nationally recognized civil rights attorney. He represented the family of Fred Hampton demonstrating that the Chicago Police Department and the FBI were responsible for the assassination of the young Black Panther leader. He’s written the book “The Killing Machine: Racism and Police Violence in Chicago”. He is one of the editors of the “Police Misconduct Law Reporter.
His recent publication The Torture Machine: Racism And Police Violence In Chicago.
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Phyllis Bennis: The Influence Of Think Tanks And IPS
With the growth of globalization on the heels of the Cold War, entities called Think Tanks grew rapidly during the late 1980s. Now, there are nearly 2,000 think tanks in the United States alone. Not surprisingly, more than 400 are located in the nation’s capital, with ready access to key policymakers. These entities play an outsized role in shaping the world we live in.
From national defense and technology, to social policy and economics, think tanks perform in-depth research on a range of topics. Some think tanks advocate for change by using this research and analytical reports to influence public opinion and help decision makers create policy agendas. It follows that many think tanks align along party lines. Funding for think tanks usually comes from endowments, government contracts, private donations, and sales of their reports.
While many think tanks are nonprofit organizations, some especially high-profile ideological ones advocate solutions that benefit their corporate donors. Often they are criticized for crossing the line between research and lobbying. Think tanks are classified according to their sources of funding and intended customers. Some think tanks, such as the Rand Corporation, receive direct government assistance; most others are funded by private individuals or corporate donors.
Guest – Phyllis Bennis is a fellow of the Institute for Policy Studies, where she is she is the director of the New Internationalism Project and 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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Afghanistan War, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Prison Industry, Targeting Muslims
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Jodie Foster Plays Attorney Nancy Hollander in The Mauritanian
In 2019 Law & Disorder interviewed Nancy Hollander for our Lawyers You’ll Like series. Nancy secured whistleblower Chelsea Manning’s release in 2017 when President Obama commuted her sentence from 35 to 7 years. Nancy was also an attorney in the landmark Holy Land Five Case. In her law practice she often represents individuals and organizations accused of crimes involving national security.
We also spoke with Nancy in 2018 about her client Mohamedou Ould Slahi, whose release she obtained after he served 15 years in the American offshore prison camp in Guantanamo Bay Cuba, without ever being charged of a crime. Slahi wrote a memoir about his experience in prison called Guantanamo Diary, where he was tortured in ways personally approved by then-Defense Secretary Donald Rumsfeld. Thanks to Nancy Hollander the book was published in 2015 and became an international bestseller. Fast forward to 2021. A new film, The Mauritanian, features Jodi Foster as Nancy. Foster has already won a Golden Globe for her performance, and the film sheds light on Nancy’s tenacious fight to free her client, the secretive prison camp and the illegal practices therein.
Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.
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Stevens Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice by Bruce Levine
The 1861 to 1865 Civil War and the reconstruction period which followed it is widely considered to be the second American revolution. The slave-owning planter class in the south was defeated, at least for a while. Slave labor was abolished, but came back in other forms after reconstruction was crushed by 1877.
The promise of the declaration of independence that all men are equal before the law was fulfilled, at least for a while. Pennsylvania congressman Thaddeus Stevens was the foremost political leader in the struggle, even more than Abraham Lincoln. Stevens helped to bring about the abolition of slavery and was a leader in the effort during Reconstruct to make the United States a biracial democracy This wise and eloquent revolutionary has been vilified and rendered rendered obscure during most of the years since he died 153 years ago.
The distinguished historian Bruce Levine in his just published biography of Stevens “Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice” has secured a place for him alongside his contemporary John Brown in the pantheon of American revolutionary figures.
Guest – Bruce Levine, emeritus professor of history at the University Illinois and the author of four previous books on the Civil War era.
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CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
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Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.
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Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.
– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law
Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.
– Attorney Bill Goodman
Criminalizing Dissent, Human Rights, Iraq War, Political Prisoner, Prison Industry, Torture, Truth to Power, War Resister
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Julian Assange Update With Journalist Kevin Gosztola
The problem of the 2020 United States election between Biden and Trump from the standpoint of defending free national security journalism was that one of them would win. Whereas Trump was a caricatures of the system Biden is its embodiment. He has pledged “nothing will fundamentally change.“ This is the fear of Julian Assange and his defenders.
The Trump administration initiated an indictment against Julian Assange for 17 counts of espionage. Assange revealed U.S. war crimes in Iraq and Afghanistan 10 years ago. Secretary of State Mike Pompeo called his organization, WikiLeaks, which published his whistleblowing articles, “a non-state hostile intelligence entity.”
Biden has called Assange “a high tech terrorist.” Hillary Clinton said “we should drone him.” One of the legal advisors to Biden was a prosecutor in the Eastern District of Virginia and sent whistle blowers, John Karakuo and Jeffery Sterling, to federal prison. He wanted to indict Julian Assange but left office to join a private law firm before he could get around to it
Julian Assange is now in solitary confinement in Britain’s infamous and Covid wracked Belmarsh prison in London. He is in terrible physical and mental shape. The extradition request of the United States has been litigated. We await the judges decision which is expected at January 4.
The defense has submitted their arguments in support of Julian, principally that this is a political prosecution which is illegal under an American British treaty.
Guest – Kevin Gosztola, a journalist who has covered the recent extradition hearing and writing on whistleblowers for many years. He writes for “Substack” and does the podcast “ Unauthorized Disclosure“. He has closely followed the Julian Assange case.
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Release Aging People In Prison Campaign During Covid 19 Risks
As coronavirus positivity rates have been rising nationwide two states—NY and California—have shown vastly different responses. In New York State, nearly 5% of the state’s prisoners have tested positive for Covid 19. Public health experts have warned that to reduce the spread of the virus, prison populations should be cut to 50% capacity.
While Governor Andrew Cuomo has ordered the release of 3,109 New Yorkers, he hasn’t used his power of clemency, either through a pardon of commutation. In stark contrast, Governor Gavin Newsom of California has expedited the release of nearly 9,000 prisoners and issued 55 commutations and 4 medical reprieves between March and November.
In contrast, Andrew Cuomo has granted 2 commutations in January, and another 3 in June. Critics call that number outrageous. Steve Zeidman, who co-directs CUNY Law School’s Defenders Clinic Second Look Project told Gothamist that clemency is “an urgent necessity that is being ignored.” The clinic currently represents 50 people whose clemency petitions await the governor’s decision.
The governor’s office declined to comment on whether he will issue more commutations this year. For the past six holiday seasons, advocates have gathered to plead with Cuomo to commute more sentences. For the most part, he has ignored their pleas.
Guest – Jose Saldana, executive director of Release Aging People in Prison.
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Censorship, CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Iraq War, NSA Spying, Political Prisoner, Supreme Court, Surveillance, Truth to Power, Uncategorized, War Resister
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In Defense Of Julian Assange: Attorney Renata Avila
We continue our ongoing coverage of Wikileaks founder Julian Assange, who remains in confinement at London’s high-security Belmarsh prison. Julian is fighting extradition to the United States on 18 charges, including violating the Espionage Act and conspiring to hack government computers. As listeners will recall, the charges are in connection with Wikileaks’ release of thousands of secret cables in 2010.
Guest – Renata Avila, a member of the Julian Assange legal team. Renata is an international Human Rights lawyer from Guatemala, specializing in preserving human rights during the next wave of tech challenges. She is a Board member for Creative Commons, the Common Action Forum and is a Global Trustee of the Think Tank Digital Future Society. She is also a member of the WEF’s Global Future Council on Human Rights and Technology and a Steering Committee Member of the Information Society Advisory Council for the Organization for Economic Co-operation and Development.
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The Prosecution of Julian Assange – CUNY School of Law and UCLA
We listen to two presentations from a panel discussion among leading journalists, attorneys and human rights defenders as the extradition trial in London of WikiLeaks founder Julian Assange is set to begin.
The first speaker is lead attorney Barry Pollack representing Julian Assange speaking at The Prosecution of Julian Assange forum at UCLA.
We then hear from Glen Ford speaking at the CUNY School of Law, Glen is the Executive editor, Black Agenda Report. He’s a broadcast, print and web pioneer and founding member of the Washington chapter of the National Association of Black Journalists.
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Civil Liberties, Human Rights, Iraq War, Supreme Court
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Attorneys-Activists Supporting The Defense of Julian Assange
A recent Washington Post op-ed by NSA whistleblower Edward Snowden connected Brazilian prosecutors’ recent decision to file charges against American investigative journalist Glenn Greenwald with the U.S. government’s efforts to prosecute WikiLeaks founder Julian Assange.
Snowden wrote, in part, “The most essential journalism of every era is precisely that which a government attempts to silence. These prosecutions demonstrate that they are ready to stop the presses—if they can.”
Snowden is among many who have spoken out since Greenwald was charged with cybercrime on January 21. Members of the press and human rights advocates have called his prosecution an attempt to intimidate and retaliate against him and The Intercept for critical reporting” about officials in Brazilian President Bolsonaro’s government.
Both Snowden and Greenwald serve on the board of the Freedom of the Press Foundation. Listeners will recall that Greenwald is one of the journalists to whom Snowden leaked classified materials in 2013.
Snowden, who has lived with asylum protection in Russia since 2013, noted that although even some of Greenwald’s critics have recently supported him, Julian has not experienced such solidarity. The Courage Foundation, though, is advocating on his behalf and running his defense fund as he languishes in a London prison, under conditions that have raised global alarm, while he fights against extradition to the United States. DefendWikileaks.org
Guest – Attorney Debbie Hrbek, founder of Hrbek Law, is working other legal organizations in the defense of Julian Assange. Hrbek Law represents creative professionals, entrepreneurs and artists, including independent labels, writers and managers.
Guest – NYC attorney Nathan Fuller, Executive Director of the Courage Foundation.
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Senate Impeachment Trial Analysis
The Democrats appear to have failed in their effort to remove President Donald Trump from office. The Republicans hold a 53 to 47 majority in the Senate, which is trying Trump. A joke going around is that even if Trump shot a senator on the Senate floor he would still win acquittal by a vote of 53 to 47, unless he shot a Republican. Then the vote would be 52 to 47
Trump was charged with withholding congressionally approved military aid to the Ukraine and trying to enlist help from the president of the Ukraine if he, the Ukrainian president, announced a corruption investigation of Joe Biden.
Secondly, Trump is charged with obstruction of justice because of Trump’s not cooperating with the Democratic Party investigation. The Democrats went after Trump on the narrowest of grounds. Trump’s corruption and war crimes were ignored. Trump’s lawyers defended him on the grounds that even if true he did nothing wrong. Then they asserted that a sitting president can block witnesses at his own impeachment trial, an authoritarian notion that destroys the checks and balances system of our constitution.
The failure of the Democrats to impeach Trump will certainly benefit Trump in the upcoming election.
Guest – Aaron Maté is a contributing editor at the nation magazine and has the new Internet show Pushback on The Gray Zone. He won the 2019 Izzy Award for achievement in independent media for his coverage of Russiagate.
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