Law and Disorder November 13, 2023

US Obligation To The International Covenant on Civil and Political Rights

A United Nations body has issued a damning report blasting the United States for its rampant violations of a major human rights treaty that it ratified in 1992. The International Covenant on Civil and Political Rights, or ICCPR, enshrines fair trial rights, the right to life, to vote, and to freedom of expression and assembly. It prohibits torture and cruel, inhuman or degrading treatment or punishment. It also forbids discrimination in the enjoyment of civil and political rights based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (which includes sexual orientation).
The Human Rights Committee is a group of 18 independent experts that monitor the implementation of the ICCPR by its States Parties, each of whom files periodic reports on their progress in implementing the obligations in the treaty.

In its November 3, 2023 report on U.S compliance with the ICCPR, the Human Rights Committee found 30 some violations of the treaty by the United States. Racial discrimination permeated two-thirds of the documented U.S. violations.

In addition to discrimination based on race, the Committee found several instances of discrimination against women, particularly in the area of reproductive rights. The Committee also found discrimination on the basis of real or perceived sexual orientation or gender identity.

Guest – Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the national advisory boards of Assange Defense and Veterans for Peace, and the bureau of the International Association of Democratic Lawyers. Her books include “The United States and Torture: Interrogation, Incarceration, and Abuse” and “Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.” Marjorie is founding dean of the People’s Academy of International Law. Her article about the report of the Human Rights Committee was published last week by Truthout.

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Voices of Mass Incarceration: A Symposium

Opening with a keynote discussion featuring Angela Davis, Pam Africa, Julia Wright, and Johanna Fernández, the event featured two dozen experts and artists working and studying incarceration and its wide-ranging effects on society. The second day of the symposium also marked the opening of the Mumia Abu-Jamal papers for research at the John Hay Library with the launch of the exhibit, Mumia Abu-Jamal: A Portrait of Mass Incarceration. This exhibition centers on the writing, music and art of Mumia Abu-Jamal, whose papers anchor the John Hay Library’s Voices of Mass Incarceration in the United States collection. Mumia has been imprisoned for 43 years for allegedly killing Philadelphia police officer Daniel Faulkner.

One of the panels focused on how systemic changes have strained the existing healthcare system. With 44% of prison detainees receiving a psychiatric diagnosis, prisons are now among the largest providers of healthcare, more so than major hospitals and other care facilities.

We are pleased to bring you the remarks of Hope Metcalf, Lecturer at Yale Law School, on medical care for incarcerated individuals including mental health and hepatitis C. We’ll also hear from Lauren Weinstock, Professor of Psychiatry and Human Behavior at Brown University.

Hosted by attorneys Heidi Boghosian and Marjorie Cohn

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Law and Disorder October 30, 2023

Trilateral Security Alliance Meet to Request Assange Extradition

Australian Prime Minister Anthony Albanese was in Washington last week meeting with Joe Biden. They discussed AUKUS, the trilateral “security” alliance between the U.S., UK and Australia, which is a bulwark against the perceived threat from China. AUKUS seeks to transfer U.S. and British nuclear submarine technology to Australia. But Australia’s support for a potential U.S. war against China over Taiwan, which China considers part of China, is not a foregone conclusion.

Also reportedly on the agenda for the high-level meeting was the U.S. request for extradition of WikiLeaks founder Julian Assange, who is an Australian citizen. Assange has been held for four years in a high-security London prison. He is facing 175 years in prison if extradited, tried and convicted in the U.S. for charges under the Espionage Act for revealing evidence of U.S. war crimes.

Albanese and a multi-party coalition of the Australian parliament, as well as 90% of the Australian population, want the prosecution of Assange dropped. Assange’s freedom is “widely seen as a test of Australia’s leverage with the Biden administration,” according to the Associated Press.

AssangeDefense.org

Guest – Stephen Rohde, is an author and social justice advocate who practiced civil rights and constitutional law for more than 45 years, including representing two men on California’s death row. He is a founder and current chair of Interfaith Communities United for Justice and Peace, former chair of the ACLU Foundation of Southern California and former national chair of Bend the Arc, a Jewish Partnership for Justice. He is also a board member of Death Penalty Focus and is active in the Los Angeles branch of Assange Defense. Steve is the author of an article published last week by LA Progressive titled, “Is Biden Willing to Damage Relations With a Staunch Ally Like Australia in His Headlong Prosecution of Julian Assange?”

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State Laws Governing Deep Fake Videos

Artificial intelligence-generated fake videos, known as “deepfakes,” have become increasingly prevalent and sophisticated. This technology manipulates both audio and visual elements to fabricate fictitious events. In 2019, Deeptrace, an AI firm, identified a total of 15,000 deepfake videos online. Shockingly, 96% of these were of a pornographic nature, with 99% involving the superimposition of female celebrities’ faces onto pornographic content, also known as “face-swapped pornography,” all done without the celebrities’ consent. However, it’s important to note that non-celebrities are also frequent targets of deepfake abuse. Particularly concerning is the fact that women are often singled out, with AI tools and apps readily available that enable users to digitally remove clothing from their photos or insert their faces into explicit videos. These tools are easily accessible and require no specialized technical skills. Equally troubling is the fact that most of the time the women who are deepfake targets are neither aware of nor consent to their images being used in this way.

Social media platforms have become fertile ground for deepfake scams. Deepfakes are employed for various malicious purposes, including gaining a political advantage, spreading fake news, and disseminating “revenge porn.” In the case of pornographic videos, offenders may use deepfakes to groom, harass, or extort their victims. Additionally, deepfakes can be utilized to bully individuals or steal their identities. It’s worth noting that, although AI-generated deepfakes can appear highly realistic, most of them exhibit certain inconsistencies. These may manifest as peculiar facial features, awkward placements, or unnatural postures and movements. Creating deepfakes is a time-consuming and labor-intensive process, which results in most of them being relatively short in duration.

The prevalence of deepfakes has grown significantly, more than doubling between 2022 and the first quarter of 2023. In response to this trend, the FBI issued a warning in 2023 about “sextortion schemes” in which criminals collect photos and videos from social media platforms to produce “sexually themed” deepfakes, which they then use to extort money from their victims.

Guest – Criminal defense attorney Nicholas Toufexis joins us to talk about the impact off deepfake pornography on victims and the current state of the law governing these videos. Nick is a partner in the Texas law firm Saputo Toufexis Criminal Defense.

Hosted by Attorneys Heidi Boghosian and Marjorie Cohn

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Law and Disorder July 3, 2023

 

Indictments Unsealed Against Julian Assange

Press freedom is under constant attack both in the US and across the world. One of the highest profile battles on this front has been the one waged against award-winning Australian journalist, publisher, and founder of the nonprofit media organization, Wikileaks: Julian Assange.

In 2010, in partnership with five newspapers, Wikileaks published a series of documents and other media provided by US Army intelligence analyst Chelsea Manning, including classified documents evidencing war crimes committed by US forces during its war in Iraq. The US has since unsealed indictments against Assange, charging him with a number of crimes that we’ll be discussing today.

Contact: Vinnie De Stefano
National Organizing Director
Assange Defense
580 N. Sierra Madre Blvd.
Pasadena, CA. 91107

Currently, Assange is languishing in a maximum-security prison in London, struggling to maintain his physical health, his sanity, and his connections with loved ones. And in the meantime, an international movement of human rights and press freedom advocates are desperately fighting for his freedom, and against his potential extradition to the United States.

Guest – Stephen Rohde is a constitutional law scholar, author and past Chair of the ACLU of Southern California. He’s also founder and Chair of Interfaith Communities United for Justice and Peace and a regular contributor to the Los Angeles Review of Books, TruthDig and LA Progressive.

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Weaponizing Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn

Asa Winstanley has written an important book titled Weaponizing Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn. His book has a lessons for those working for social justice in the United States.

Corbyn and the socialists in the Labor party in England were crushed by the mounting of a massive campaign cynically labeling Corbyn as an antisemite. It was a preposterous charge that stuck. The neo- liberal Labor party changed after the influx of several hundred thousand young people and elected long time socialist activist, Jeremy Corbyn as its leader in 2015.

Despite the huge campaign against him, led by the Israeli lobby, Corbyn was almost elected as the Prime Minister in 2017. Had he won, the history, not only of England, but of the world would’ve been different. Over the years Corbyn became popular especially among hundreds of thousands of young people who had recently joined the labor party.

He got his start in the trade union movement. He spoke out against racism and fascism and for immigrant rights. He opposed privatization cuts, and austerity. He campaigned against wars and military occupations. Asa Winstanley writes that “probably more than anything else, Corbyn was known among activists for his involvement in the Palestine, solidarity movement.“

The possibility of Corbyn being elected terrified the right and its allies. The Israeli lobby’s campaign against Corbyn got help from British intelligence, the entire British media, the right wing of the Labor party and even the CIA.

The most powerful, well-healed part of the American pro-Israeli Lobby is AIPAC, The American Israeli Public Affairs Committee. “Justice Democrats” wrote that it is a sinister right wing group. They supported Donald Trump, endorsed 106 insurrection Republicans, and spent millions to defeat progressives targeting and trying to intimidate black and brown women candidates across the country, threatening to spend against them if they even slightly criticize Israel’s far right apartheid policies.“ They conflate criticism of the Israeli apartheid state of with antisemitism.

How Jeremy Corbin Was Ousted By The Israeli Lobby – Michael Smith

Guest – Asa Winstanley is an investigative journalist and author who writes primarily about Palestine and the Israeli lobby. He lives in London. He is an associate editor with “The Electronic Intifada”, the worlds’ leading Palestinian news site in the English language. Asa Winstanley is cohost of The Electronic Intifada.

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Law and Disorder June 5, 2023

The Alliance of Families for Justice

The Alliance of Families for Justice (“AFJ”) was founded seven years ago by attorney Soffiyah Elijah. Its headquarters is in Harlem, a community heavily impacted by mass incarceration. AFJ also has satellite offices in Albany and Ithaca.

AFJ seeks to heal families and individuals who suffer from their own imprisonment or that of a loved one. It seeks moreover to organize and empower them to challenge and change the system of mass incarceration. AFJ’s legal support unit provides free legal representation to incarcerated people and their families. AFJ holds weekly community organizing meetings and family empowerment circles, and monthly healing circles for formerly incarcerated people. Its organizing and advocacy unit spearheads various campaigns including one to #Shutdown Attica and another to end felony disenfranchisement. AFJ’s Youth Empowerment Project has serviced over 400 NYC young people ages 16-24 in its 3yr tenure. All of AFJ’s services are free.

In New York State and most places nationwide incarcerated people lose their voting rights. This is both un-democratic and, because most incarcerated people are Black or Latinix, it is a racist policy and a vestige of Jim Crow laws that permeated New York and most states. The loss of voting rights remains a significant obstacle to criminal justice reform.

Guest – Attorney Soffiyah Elijah, knows intimately what happens to families whose loved ones are put in prison. She has been able through AFJ to support, motivate and educate these families to become advocates for civil rights and justice reform. Attorney Elijah has headed legal clinics at the City University of New York School of Law and has served as the Deputy Director of the Criminal Justice Institute at Harvard University, under Professor Charles Ogletree. She was the first woman and first Black Executive Director of the 170yr old Correctional Association of New York where she helped expose and bring to justice several Attica prison guards for brutally beating a man almost to death.

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Dark Money And Conservative Courts

When Donald Trump became president in 2016, one of the most terrifying prospects was that he could signal a new era for the Supreme Court of the United States – where vacancies would be strategically filled to create one of the most conservative courts in nearly a century, which could roll back constitutional rights and liberties we’ve been taking for granted. Indeed, even though Donald Trump was not re-elected in 2020, the conservative 6-3 majority that exists, and the havoc they are wreaking, could last for decades. While I’m sure Donald Trump would like to take all the credit, the battle to buy Supreme Court influence and push votes to the right long precedes his tenure as president.

Guest – Andrew Perez, has devoted his life and career to exposing the money, influence and secret transactions made among the most powerful people in the world to control the United States laws, government and people. He is an investigative reporter and senior editor for The Lever, which was just awarded the 2023 Izzy Award for outstanding achievement in the independent media by Park Center for Independent Media at Ithaca College for its relentless work “exposing the corrupting influence of corporate power on government and both major parties.” In announcing the award, the Center for Independent Media highlighted Andrew’s work for exposing the largest known political donation in U.S. history — Chicago businessman Barre Seid’s $1.6 billion dark money transfer to conservative operative Leonard Leo who served as Donald Trump’s judicial advisor – and guess who Leonard Leo appears to ready to back now … Republican presidential candidate Ron DeSantis.

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Law and Disorder May 8, 2023

 

Guilty of Journalism

The pending criminal case against journalist Julian Assange is the most significant far reaching First Amendment matter in our lifetime. It will have, in fact it already has had, an impact on publishing and journalism. This is so because it constricts our freedom to know as well as journalists and publishers freedom to publish.

Our government functions as the executive committee of the ruling rich. It intends to keep it this way, in the words of the great civil rights attorney William Kunstler, “by any means necessary and for as long as possible.”

If as is likely the imprisoned journalist Julian Assange is extradited at America’s request from his solitary prison cell in London’s Belmarsh prison where he has been kept for four years and sent to Virginia to be tried for espionage he will be certainly be convicted and sentenced to life in prison.

His victimization is being accomplished under the 1917 Espionage Act, a law originally put into place during World War I to imprison spies. It is now used to get truth tellers like Julian Assange silenced.

Julian Assange Fact Sheet: Why Julian Must Be Freed

Guest – Kevin Gosztola who more than anyone has covered the whistleblower situation since he attended the court martial trial of Sergeant Chelsea Manning. Manning was convicted of giving government secrets to Julian Assange. Kevin Gosztola‘s book “Guilty of Journalism “was published by Seven Stories Press and Censored Press last month.

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Attorney Stephen Rohde: A Set Of Ideas Under Threat

American history has been marked by ongoing conflicts between those who are seeking an open, equal and inclusive society and those who cling to the racist origins of the United States and seek to literally whitewash that history and perpetuate white privilege.
We find ourselves in the midst of one of those conflicts today.  The right of Black people to learn their own history is being denied them. The same is true of anyone who is not heterosexual.

The teaching of critical race theory is increasingly disallowed. The study of human sexuality in schools is being obliterated.  Books are being banned in record numbers, and curricula is being rewritten to conform to a sanitized version of American history.  Seven states, including Florida, Tennessee, Oklahoma and Utah, have already passed laws limiting materials in libraries…and at least 113 bills are pending across the country that would negatively impact libraries or curtail peoples’ freedom to read.

As Jonathan Friedman, the Director of free expression and education at PEN America, a free speech organization said, “People need to understand that it’s not a single book being removed in a single school district, it’s a set of ideas that are under threat just about everywhere.”

Guest – Stephen Rohde is a noted constitutional scholar and activist. He is the past Chair of the ACLU Foundation of Southern California; the founder and current Chair of Interfaith Communities United for Justice and Peace; the author of American Words of Freedom, and of Freedom of Assembly. Steve Rohde is a regular contributor to TruthDig as well as the Los Angeles Review of Books.

Hosted by attorneys Michael Smith and Jim Lafferty

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Law and Disorder February 13, 2023

Black History Month And Racist Police Violence

February is Black History Month in America. And on the very first day of Black History Month this year, Tyre Nichols, a young Black man, was laid to rest in Memphis, Tennessee, having been murdered by police officers of the Memphis police department, as he simply tried to get home.

I find it almost impossible to keep track of all the hundreds of cases of racist police violence against innocent Black and brown men and women in America. At the moment our nation is transfixed and in a state of great anger and anguish over the brutal murder of Tyre Nickols in Memphis, Tennessee. And the killings keep coming. In my city, Los Angeles, we’re outraged by the police murder of Keenan Anderson, the cousin of Black Lives Matter co-founder, Patrice Cullers. Both murders were filmed, and so once again the American people saw with their own eyes just how violent and despicable the police can be; and how indifferent the offending police officers are to the fact that what they are doing is being captured on film for all the world to see.

Now, the overwhelming percentage of victims of police assaults are people of color who’ve been murdered, or otherwise brutalized by white cops. But as the Nichols case demonstrates, police violence is so ingrained in policing in America that Black cops, too, often do not hesitate to employ gross violence in the course of their policing.

What accounts for this epidemic of cop killings of people of color in America? Is it connected to America’s history of Black enslavement? And, if requiring the police to be filmed while making arrests has not ended police violence, what will it take to finally end this epidemic of racist policing?

Guest – Attorney Carl Douglas is a partner in the law firm, Douglas/Hicks, one of Keenan Anderson’s family attorneys who’ve just filed a $50 million dollar claim against the City of Los Angeles for what the LAPD did in the Keenan Anderson case. Attorney Douglas, after working 6 years as a Public Defender, then spent 12 years in the Los Angeles law firm of famed, and now deceased, anti-police abuse attorney Johnnie Cochran. And now, his own law firm, the Douglas/Hicks law firm, specializes in police misconduct and other civil rights cases, criminal defense work, as well as personal injury and employment discrimination cases. In short, he is a true “lawyer for the people”.

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CIA Spied On Julian Assange Embassy Visitors: Lawsuit Update

We speak today with New York City attorney Deborah Hrbek who along with her law partner Margaret Ratner Kunstler are suing the CIA, its former Director Mike Pompeo, and the Company they contracted with to spy for them on Julian Assange and his visitors including attorneys at the Ecuadorian Embassy in London. Assange lived there for seven years having been granted political asylum by the Ecuadorian government. The CIA contract employee DC Global copied information off of their cell phones and computers when they visited their client Julian Assange in the Ecuadorian Embassy in London.

They are demanding an injunction forbidding the CIA to use the private information they stole from their devices. The CIA says that it has every right to do what it did because the plaintiffs had no right to expect privacy.

Julian Assange is one the greatest journalist of our time. His exposures of American war crimes, corruption in the Hillary Clinton presidential campaign, and CIA spying on us using our cell phones and smart TVs was the most embarrassing revelations ever revealed about the American war machine and it’s diplomatic corps.

In retaliation the US establishment and its institutions including both political parties and the intelligence agencies took their revenge on Julian by first smearing him, according to a Defense Department directive, and then threatening him with being charged as a spy under the Espionage Act so that he had to take refuge in the Ecuadorian Embassy.

Then former President Donald Trump indicted Assange for espionage and had their British collaborators remove him from the Ecuadorian Embassy and put him in London’s Belmarsh, a notorious maximum-security prison, where he has been tortured daily for the last three years by being held in solitary confinement and denied adequate medical care.

The United States and its servant the British Crown Prosecutorial Service trashed the rule of law throughout the entire extradition proceeding. They lied about the conditions of confinement Assange would face in United States. Even the trial judge thought he might kill himself. The extradition order is eminent.

AssangeDefense

Guest – Deborah Hrbek is a founding partner at Hrbek Kunstler, a Manhattan entertainment law firm that has represented WikiLeaks in media law matters since 2015. In the course of her work with WikiLeaks journalist and filmmakers she has visited Julian Assange many times, both at the Ecuadorian Embassy at London where he was there as a political Ashlee and in recent years in Belmarsh prison, a maximum-security prison where he has been incarcerated since April 2019. Hrbek is one of the plaintiffs in “Kunstler versus the CIA”, an action that seeks to hold the US government accountable for its illegal activities in connection with its prosecution of Julian Assange.

Hosted by attorneys Michael Smith and Jim Lafferty

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