CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Iran, Iraq War, Truth to Power, War Resister
Podcast: Play in new window | Download
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.
—-
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.
———————————
———————————
Afghanistan War, CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq Veterans, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
Podcast: Play in new window | Download
Lawyers You’ll Like: Attorney Nancy Hollander
Occasionally Law And Disorder has featured interviews with significant attorneys. We call this segment of the show Lawyers You’ll Like. One such attorney is today’s guest, Nancy Hollander. She has been practicing criminal defense lawyer in Albuquerque, New Mexico and has been a partner since 1980 in the law firm of Freedman, Boyd, Hollander, Goldman, Urias, and Ward.
Nancy Hollander‘s practice has largely been devoted to representing individuals and organizations accused of crimes, including those involving national security issues.
She was one of the attorneys in the landmark Holy Land Five case. She won whistle blower Chelsea Manning’s release in 2017 when President Obama commuted her sentence from 35 years to seven years. Although not currently representing Manning she has met with her recently. Manning has been jailed for two months for refusing to cooperate with a grand jury in Virginia which is investigating Julian Assange of WikiLeaks. Manning released the famous Iraqi war log video showing American war crimes in Iraq to Julian Assange of WikiLeaks. He is in prison in London awaiting extradition and trial in Virginia where he faces 175 years in prison if convicted of Espionage Act violations. She represented Mohamedou Ould Slahi, whose release she obtained after he served 15 years in Guantanamo without ever being charged.
Write to Chelsea Manning:
Chelsea Manning – AO181426
William D. Truesdale Adult Detention Center
2001 Mill Road
Alexandria, Virginia 22314
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.
—-
Supreme Court: Cable Companies Can Limit Public Access
Last month United States Supreme Court in a 5 to 4 decision written by Brett Kavanaugh decided that TV cable companies can, in the words of our guest, losing plaintive DeeDee Halleck, “censor whatever, whoever, and whenever they want.”
Cable companies like Manhattan Neighborhood Network can now limit public access that carry TV shows to be available in hundreds of cities and towns.
The Supreme Court held that Manhattan Neighborhood Network is not subject to First Amendment constraints, that the free-speech clause of the First Amendment prohibits only governmental, not private abridgment of speech and that MNN is a private company.
Judges Cavanagh, Robert, Thomas, Alito, and Gorsuch is found against the free-speech argument of Halleck and her co-plaintiff Jesus Melendez. Judge Sotomayor wrote the dissent which was joined in on by Ginsberg, Breyer and Kagan.
Guest – Deedee Halleck one of the plaintiffs in this case and among the top media activists. She’s co-founder of Paper Tiger Television and also the Deep Dish Satellite Network, the first grass roots community television network. She is Professor Emerita in the Department of Communication at the University of California at San Diego.
—————————–
—————————–
Censorship, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Iraq War, NSA Spying, Political Prisoner, Prison Industry, Torture, Truth to Power, War Resister
Podcast: Play in new window | Download
Daniel Ellsberg: Julian Assange’s Case And The Doomsday Machine
Two weeks ago the Trump administration announced it had indicted Julian Assange in the Eastern District of Virginia on 17 counts of violating the 1917 Espionage Act. Assange is currently in the Belmarsh prison hospital in London. If extradited, tried, and convicted he faces 175 years in prison.
The Espionage Act is a 102 year old law used initially to imprison the great socialist Eugene V Debs for an anti-World War I speech he gave in Canton, Ohio and also used to crush the industrial workers of the world, the IWW, a large antiwar union at the time.
In 1971 it was famously used against Daniel Ellsberg who released the Pentagon papers to the New York Times and other media outlets. Lately the Espionage Act has been used against many truth telling whistleblowers during the Obama and Trump administrations.
This is the first time it is being used against a journalist.
Wikileaks Defense Funds:
Guest – Daniel Ellsberg, educated at Harvard and Cambridge and has been an activist since the 1970s. Ellsberg’s latest book, The Doomsday Machine, is an extensive study of nuclear theory and nuclear policy. In 2018 he was awarded the Olaf Palme prize for his “profound humanism and exceptional moral courage.
From 1957-59 he was a Junior Fellow in the Society of Fellows, Harvard University. He earned his Ph.D. in Economics at Harvard in 1962 with his thesis, Risk, Ambiguity and Decision. His research leading up to this dissertation—in particular his work on what has become known as the “Ellsberg Paradox,” first published in an article entitled Risk, Ambiguity and the Savage Axioms—is widely considered a landmark in decision theory and behavioral economics.
———————-
———————-
Censorship, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Human Trafficking, Iraq War, Political Prisoner, Prison Industry, Surveillance, Truth to Power
Podcast: Play in new window | Download
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.
—-
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.
——————
——————
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Political Prisoner, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power
Podcast: Play in new window | Download
Misuse of Grand Juries And The Prosecution Of Chelsea Manning
The Trump administration wants to prosecute the news organization Wikileaks and its founder Julian Assange. In order to do so they have recently jailed whistleblower Chelsea Manning, who has been in solitary confinement since March 8th, 2019 in hopes to squeeze her to get testimony that could be used against Assange. Prolonged solitary confinement is a form of torture.
Chelsea Manning has refused to answer questions of the Government Prosecutor in front of a grand jury. In 2010 Chelsea Manning, then in the Army, released documents to WikiLeaks known as the Iraq War Logs. One of them was a video showing a U.S. Apache attack helicopter killing 12 people, including two Reuters journalists, two children and a passerby who stopped his van to rescue the wounded. She maintains that there’s nothing new to be learned and that she’s already given full testimony.
Chelsea Manning was convicted and served 7 years of a 35 year sentence before her sentence was commuted by Barack Obama. The prosecution of WikiLeaks for accepting leaked secret documents is a threat to press freedom and would criminalize journalism. The government is trying to frame Assange charging him with actively colluding with Manning, not just being a passive recipient of the leak. Historically grand juries have been misused in order to suppress political dissent.
Write to Chelsea Manning in solitary confinement:
Chelsea Manning
Ao181426
William G. Truesdale Adult Detention Center
2001 Mill Rd.
Alexandria, VA 22314
Guest – Attorney Michael Deutsch, an expert on the misuse of grand juries. He is a partner in the Chicago law firm The People’s Law Office and a former director of litigation at the Center for Constitutional Rights. He has represented political activists and victims of government repression. Among his clients have been the Attica prisoners in the 1971 uprising, Puerto Rican independence fighters, members of the black liberation movement, grand jury resistors, and Palestinians falsely accused of terrorism.
—-
The Brooklyn Folk Festival April 2019
In the political radicalizations and social upheaval’s within the United States of America in the 30s and again in the 60s, we saw an increased interest in folk music. This phenomenon is repeating itself today. We speak today with Eli Smith, the producer of the Brooklyn Folk Festival. He is a banjo player, a folklorist, and a member of the string band The Downhill Strugglers. The Brooklyn Folk Festival is the largest of its type in the country and is now in its 11th year. It takes place in Brooklyn Heights at the historic Saint Ann’s Church this April.
Guest – Eli Smith, a musician, producer and activist from Brooklyn, who has helped organize the event. Eli Smith is also a folklorist and music producer who organizes the annual “Brooklyn Folk Festival.”
—-
U.S. Appeals Court Opens Abu Ghraib Prison Abuse Case
In 2016, the United States appeals court re-instituted the Abu Ghraib prison abuse case against a private military contractor CACI. Since that time, the plaintiffs have had multiple victories.
The Center for Constitutional Rights is representing the abused prisoners. CCR‘s legal director Baher Azmy said “There is no question that torture is unlawful under domestic, military, and international law. The only issue in this case is whether CACI Will be held accountable – or treated with impunity – for its role in torture at Abu Ghraib. Now, the case is set for trial in Alexandria, Virginia on April 23.
Guest – Attorney Katherine Gallagher filed the case nearly 11 years ago and she is a Senior Staff Attorney at the Center for Constitutional Rights. Katherine works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, and Survivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.
———————
———————
Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Guantanamo, Human Rights, Iraq War, Political Prisoner, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
Podcast: Play in new window | Download
U.S. Peace Council Returns From Venezuela
The Trump administration is attempting to illegally overthrow the democratically elected government of Venezuela and its president Nicolas Maduro.
The effort is being led by Trump’s recently appointed envoy Elliot Abrams, the notorious convicted perjurer who was complicit during the Reagan Administration in the massacre and cover up of the mass slaughter of indigenous people in central America.
John Bolton is working alongside Abrams. He recently showed the American government’s intent by flashing a hand written sign on a yellow pad stating “5000 troops to Venezuela.“ Showing his contempt for international law, he famously said that if the top part of the United Nations building was lopped off it would not make any difference.
So far the United States has been unable to topple all the Venezuelan government. Unable to win over the Venezuelan military the United States is now embargoing Venezuela, which is a form of a medieval siege, aimed at depriving Venezuelans of food and medicine. The U.S. government and its ally Great Britain have frozen Venezuelan assets held abroad and prevented trade with the country, whose economy has shrunk dramatically.
The United States has secured support for it’s coup attempt from the right wing governments in Argentina, Brazil, and Chile as well as the countries of the European Union.
Guest – Ajamu Baraka has recently returned from Venezuela. He is on the steering committee of the US Peace Council, which organized the trip. Baraka is the national organizer of the Black Alliance for Peace, writes for the Black Agenda Report, and was the 2016 Green party candidate for vice president.
—-
Reprieve: UK Human Rights Group
A year after the death penalty was abolished in the United Kingdom, in 1999, human rights attorney Clive Stafford Smith founded the nonprofit organization Reprieve. Smith has represented over 300 prisoners facing the death penalty in the southern United States and has helped secure the release of 65 Guantanamo Bay prisoners, and others internationally who claim that the United States government has tortured them.
Reprieve currently works to represent 15 prisoners in Guantánamo Bay, as well as an evolving caseload of death row clients around the world. It investigates international complicity in extraordinary renditions, and has recently started working in Pakistan with the Foundation for Fundamental Rights to begin discussions on the use of drones there.
Guest – Katie Taylor, a Deputy Director at Reprieve who coordinates the Life After Guantanamo Project. Katie has worked at WarChild UK and in Palestine on human and childrens’ rights issues for several local and international agencies.
—————–
—————–
