CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, NSA Spying, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Hosts Mourn The Passing Of Friend And Colleague Lynne Stewart
Attorneys Heidi Boghosian and Michael Smith remember the courageous people’s lawyer Lynne Stewart.
We listen back to a past interview with Lynne Stewart February 4, 2008.
U.S. Court of Appeals for the Second Circuit Hears Lynne Stewart’s Arguments
Law and Disorder hosts welcome back civil rights attorney Lynne Stewart. Lynne Stewart has been free on bail pending appeal since federal judge John Koeltl gave her a 28 month sentence in October 2006. As you may recall Lynne Stewart was initially facing up to 30 years after being found guilty of conspiring to aid terrorists. She was convicted of distributing press releases on behalf of her jailed client Sheik Omar Abdel Rahman who is serving a life sentence on terror-related charges.
Here on Law and Disorder we’ve followed Lynne Stewart’s case as it contains key breaches of civil liberties such as government eavesdropping into attorney/ client conversations.

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Recognizing 50 Years of The Center For Constitutional Rights And Michael Ratner
Michael Ratner co-founded Law and Disorder Radio radio 13 years ago. He died last May in New York City of complications after cancer surgery at age 73. At the time, he was the President of the Center for Constitutional Rights. Some years ago he helped form it’s European counterpart, the European Center for Constitutional and Human Rights. Last year was the 50th anniversary of the founding of the Center for Constitutional Rights.
The held a commemorative conference in Berlin last December on the 50th anniversary of the CCR and honored it’s president, Michael Ratner. Michael Smith, the co-host along with Heidi Boghosian of Law and Disorder Radiospoke at the conference about Michael Ratner and the four founders of the CCR. He was joined in his presentation by attorney Margaret Ratner Kunstler, a key figure in the early days of the CCR. Today we bring you excerpts from this presentation.
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Crony Capitalism, Human Rights, NSA Spying, Political Prisoner, Prison Industry, Surveillance, Torture, Truth to Power, War Resister
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The Deep State: The Fall Of The Constitution And The Rise Of The Shadow Government
A century ago, Ferdinand Lundberg wrote the classic book “America’s 60 Families” describing them, their interconnections and the powerful role they played in American governance. This was in 1965 when the great sociologist C. Wright Mills wrote “The Power Elite” and then William Domhoff wrote “Who Rules America?” Now, Mike Lofgren has made a significant contribution in describing the workings of the American ruling elite with his book The Deep State: The Fall Of The Constitution And The Rise Of The Shadow Government.
Guest – Mike Lofgren worked in Congress for 28 years, 16 of them as a senior analyst at the House and Senate Budget Committees. He held a top security clearance. He now represents no political party, no business interest, and no ideology. His previous book The Party Is Over was a New York Times bestseller.
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The Devil’s Chessboard: Allen Dulles, the CIA, and the Rise of America’s Secret Government
As director of the CIA, from 1952 until Kennedy fired him, Allen Dulles has been said to exemplify unbridled authority at the height of the Cold War. Under his leadership the CIA became a lawless force domestically and internationally that engaged, with impunity, in covert acts such as the assassination of foreign leaders including Patrice Lumubo in the Congo and overthrowing the government led by Jacobo Arbenz in Guatemala.
As an attorney for the law firm Sullivan and Cromwell in the 1930s, Dulles protected and promoted Nazi-controlled cartels. He wielded his influence in the Office of Strategic Services during World War II and then in the CIA to shield former Nazis from prosecution for war crimes in the ’40s and ’50s. David Talbot writes in book The Devil’s Chessboard, ” over the final months of the JFK presidency, a clear consensus took shape within the American “deep state” Kennedy was a national security threat. For the good of the country he must be removed and Dulles was the only man with the stature, connections and decisive will to make something of this enormity happen. so he could enlist them to fight communists. In addition to assisting with the assassination of Congo leader Patrice Lumumba, he organized the Bay of Pigs invasion and tried repeatedly to murder Fidel Castro.
Guest – David Talbot, the author of the New York Times bestseller Brothers: The Hidden History of the Kennedy Years and the acclaimed national bestseller Season of the Witch: Enchantment, Terror, and Deliverance in the City of Love. He is the founder and former editor in chief of Salon, and was a senior editor at Mother Jones and the features editor at the San Francisco Examiner. He has written for The New Yorker, Rolling Stone, Time, The Guardian, and other major publications. Talbot lives in San Francisco, California.
Academic Freedom, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, NSA Spying, Political Prisoner, Surveillance, Truth to Power
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Update:
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Hacktivist Advocate
Long before news reports of Russians hacking, the Democratic National Convention dominated the news, a handful of lawyers across the nation were defending socially-minded hackers, or hacktivists, against harsh computer-related prosecutions. The term hactivism refers to persons who use computers to advance political agendas, often related to freedom of information, free speech and human rights.
Guest – Attorney Jay Leiderman, the Atlantic Magazine has called attorney Jay Leiderman the “Hacktivist’s Advocate” for his work defending individuals accused of computer-related crimes, especially those associated with Anonymous. An experienced defense attorney, Leiderman lectures nationally on a range of criminal defense issues. He is a founding member of the Whistleblower’s Defense League, formed to combat FBI and Justice Department tactics of harassment and over-prosecution to chill and silence those who engage in journalism, Internet activism or dissent.
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Attacks On Journalists, Hackers And Information Activists
In the past decade we have seen an unprecedented attack on hackers, journalists, whistleblowers, and other “information activists” who dare to let the public know what goes on within the corridors of corporate and governmental power structures.
Both sectors have launched an all-ought war on the ability of the public to access newsworthy information. Yet as this takes place, the public is being told that we no longer have a right to privacy, especially online privacy. Here to discuss trends in the laws and the often lawless acts that are used to suppress the public’s right to information and ultimately the possibility of democracy is attorney Abi Hassen.
Guest – Attorney Abi Hassen, is a consultant and cofounder of the Black Movement-Law Project. He was formerly the mass defense coordinator at the National Lawyers Guild. He has a J.D. from New York University School of Law, and an undergraduate degree in computer science from The Evergreen State College. With his extensive background in labor, political and community organizing, Abi has been active at the intersection of law, technology and organizing for social justice for more than a decade.
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Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, NSA Spying, Political Prisoner, Surveillance
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Trumpocalypse
Donald Trump will be sworn into office on January 20 as the 45th President of United States. He will begin his term with a Republican Congress. What can he do? What powers does he possess that would victimize immigrants, women, minorities, the infirmed, political activists, and journalists? We speak today with journalist Max Rivlin- Nadler. He’s the author of the recent article which appeared in The Gothamist called Trumpocalypse Now: What’s The Worst That Could Happen In NYC?
Guest – Max Rivlin-Nadler is an independent journalist based in New York City focused on urban affairs and criminal justice issues. He’s reported on the abuse of civil forfeiture laws by the NYPD, financial mismanagement and environmental neglect by the Port Authority, and the 2016 presidential election. His reporting has appeared in the New York Times, Gothamist, and the Village Voice.
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DAPL Aerial Chemical Attack Report: Oceti Sakowin Encampment
Water Protectors numbering in the thousands including members of more than 100 Native American tribes at Standing Rock, North Dakota have been brutally and continually attacked since they began their encampment months ago. They’re stationed in the freezing North Dakota weather and have succeeded in halting the construction of a 1200 mile oil pipeline that is scheduled to go through sacred Indian lands and beneath the Missouri River and then through South Dakota, Iowa, and into Illinois. Pipelines frequently break and if and when this one does it will contaminate the water supply of some 15 million people. Water from the river was sprayed on the protesters in 26° weather causing many of them to get life threatening hypothermia. Recently there have been reports of low flying aircraft releasing poison on the tents where the people are encamped. There have also been reports of snipers training their rifles on the people in the camp. President Obama has temporarily stopped the construction of the pipeline. Its a 3.8 billion-dollar project owned by the Energy Transfer Partners, an outfit in which Donald Trump has a large investment.
DONATE TO WATER PROTECTORS
Guest – Angela Bibens, an attorney from Denver, Colorado, Angela practices criminal, juvenile and family law with a specialty in the Indian Child Welfare Act. She earned her law degree from the University of Denver Sturm College of Law in 2006. She is a wife and mother of three. Angela has been the ground coordinator for the Water Protector Legal Collective at Oceti Sakowin Camp near the Standing Rock Sioux Tribe for the past three months.
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Zachary Sklar: Snowden
National Security Director James Clapper was questioned by Congress. The media was there. He looked at the camera, right in our eyes. The question was: Does the NSA spy on Americans? He Answered “not wittingly”. This was a lie. The NSA was spying on every computer keystroke and telephone conversation made by every American. Edward Snowden blew the whistle on this totalitarian practice that turned democracy upside down. Instead of the government serving the people the government was spying on the people it should serve. He has been indicted under the 1917 Espionage Act and is presently living in Russia, stripped of his passport, unable to come home where he faces decades in prison or worse. Oscar-winning film director Oliver Stone’s just released movie tells Edward Snowden’s story.
Guest – Zachary Sklar is a screenwriter, journalist, author, and editor. He is best known as co-writer (with Oliver Stone) of the Academy Award-nominated screenplay for the film JFK. Sklar has edited numerous non-fiction books about U.S. intelligence, including the number-one-bestselling On the Trail of the Assassins by Jim Garrison, from which the film JFK was adapted; Profits of War: Inside the Secret U.S.-Israeli Arms Network by former Israeli intelligence operative Ari Ben-Menashe; and Deadly Deceits: My 25 Years in the CIA by former CIA case officer Ralph McGehee.
Censorship, Civil Liberties, Criminalizing Dissent, Crony Capitalism, Human Rights, Political Prisoner, Prison Industry, Surveillance, War Resister
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US Intelligence Vets Dispute Russia Hacking Claims
The major media has been filled daily with stories about how Russia and its Chief of State Vladimir Putin sought to and did influence the American election in favor of Donald Trump. It is alleged by the CIA and other American intelligence agencies, the Russians hacked into the computer systems of the Democratic National Committee and of Hillary Rodham Clinton. This conclusion, it is reported, is based on “overwhelming circumstantial evidence.” American public opinion is been shaped to support aggression against Russia. Despite a promise made to Russia that they would not do it, the promise was broken and NATO now has troops and weapons on the Russian border where military exercises have been carried out. Tensions have been a ratcheted up to an extreme level not known since the heights of the Cold War.
Guest – Ray McGovern, former CIA analyst who briefed President George Bush daily. He broke with the government under George W. Bush over the cooked intelligence used to rationalize America’s illegal war of aggression against Iraq and helped form the organization Veteran Intelligence Professionals for Sanity. Last week his group issued a memorandum to President Obama which demonstrated that the Russians did not hack into the computers of the Democratic Party or Hillary Clinton and did not therefore influence the American election. They asserted that information that came out about the corruption of Hillary Clinton and the Democratic Party was leaked by an insider, not hacked.
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Civil Justice And The Trump Administration
Donald Trump has been critical of the U.S. intelligence community, both as a presidential candidate and as president-elect. He recently said he does not need to receive the presidential intelligence briefing every day, suggesting that such briefings are repetitive and that he is content to rely on those around him on matters of intelligence and national security. Trump’s infrequent briefings to-date are a departure from every modern president except Richard Nixon, who was so skeptical of intelligence agencies that he refused to accept briefings offered by President Johnson, even returning unopened envelopes containing classified material to the CIA.
In Washington DC, the public interest organization the Partnership for Civil Justice Fund has a new message on its website. It reads, in part: “At the PCJF, we stand with all those who are taking those steps forward – steps together – to face down what is coming, to protect those who are most vulnerable, and to make it clear that the people themselves are the force to be reckoned with.”
The PCJF has litigated First Amendment and other cases of constitutional import that have helped preserve and even expand the protections afforded individuals in different jurisdictions.
Guest – Mara Verheyden-Hilliard, co-chair of the Guild’s National Mass Defense Committee. co-founder of the Partnership for Civil Justice Fund in Washington, DC, she secured $13.7 million for about 700 of the 2000 IMF/World Bank protesters in Becker, et al. v. District of Columbia, et al., while also winning pledges from the District to improve police training about First Amendment issues. She won $8.25 million for approximately 400 class members in Barham, et al. v. Ramsey, et al. (alleging false arrest at the 2002 IMF/World Bank protests). She served as lead counsel in Mills, et al v. District of Columbia (obtaining a ruling that D.C.’s seizure and interrogation police checkpoint program was unconstitutional); in Bolger, et al. v. District of Columbia (involving targeting of political activists and false arrest by law enforcement based on political affiliation); and in National Council of Arab Americans, et al. v. City of New York, et al. (successfully challenging the city’s efforts to discriminatorily restrict mass assembly in Central Park’s Great Lawn stemming from the 2004 RNC protests.)
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2016 Political Prisoner Pardons
President of United States under the constitution has the authority to pardon or grant clemency to people after their conviction or even before. This does not include people convicted in state courts, only federal court. Although the United States denies it, it holds many people as political prisoners.
1. Leonard Peltier – We urge President Obama to grant clemency to Leonard Peltier on humanitarian grounds and in the interest of justice. Peltier was a leader of the American Indian movement in the 1970s. At a confrontation at wounded knee South Dakota between AIM and the FBI two FBI agents were killed. The FBI had worked with a corrupt tribal leadership to suppress the American Indian movement. At his trial, the prosecution withheld evidence including potential key ballistic evidence. Leonard has served 40 years in prison and is not eligible for hid parole hearing until 2024. His son recently died and he was not allowed to go to the funeral. He is in very poor shape and his health is deteriorating. Please sign a petition to President Obama at this site.
2. Ethel Rosenberg was electrocuted at Sing Sing prison in 1953 after being convicted of being an atomic bomb spy and part of a ring that gave the secret of the atomic bomb to the Soviet Union. At that time the government knew she was not a spy. She left two boys ages six and 10. There was no secret to the atomic bomb, it was a matter of industrial capacity. The famous Rosenberg case was used to stir up the stereo against Russia. A huge body of evidence demonstrates that Ethel Rosenberg was innocent. Donald Trumps mentor, friend, and attorney Roy Cohn was one of the prosecutors who ruthlessly attacked Ethel and colluded with the judge to have her executed. Listeners can call the Whitehouse at 202-456-1111 or visit this website – Exonerate Ethel, Our Mother
3. Army Sergeant Chelsea Manning has been in Fort Leavenworth prison for six years now, a record for whistleblowers. He was convicted of leaking what has become known as the Iraqi war logs to WikiLeaks, which published them showing the truth about US war crimes in Iraq. Chelsea is a transgendered person whose confinement in an all male prison at Fort Leavenworth has been unusually harsh. This included 11 months of solitary confinement. She has twice attempted suicide. Her sentence is 35 years, the longest ever given to a whistleblower. She has already served more time in prison that any individual in US history who has disclosed information in the public interest. Write or call the Whitehouse.
4. Oscar Lopez, a Puerto Rican political prisoner has served 30 years in prison, convicted of seditious conspiracy – a thought crime involving no actual act – because of his commitment to the independence of Puerto Rico. He was not accused or convicted of causing harm or taking a life. He was sentenced to 70 years and is one of the longest held political prisoners in the world. Oscar served in Vietnam, Was a wooded a bronze star, and came home to Chicago where he became a talented community organizer. He served 12 years in isolation in a Supermax prison. He comes up for parole when he will be 83 years old. A petition asking President Obama to commute Oscar’s sentence can be found at: Oscar’s Story Here boricuahumanrights.org
5. Edward Snowden blew the whistle about the USA’s illegal global master valence system. This scandalized the American government and caused it to partially rein in its surveillance for the first time in four decades. This would not have happened but for Snowdens courageous act, a public service as former Attorney General Eric Holder has admitted. Snowden is facing charges under the espionage act, a world war one law that put another great American hero Eugene Debs in prison for making a speech in opposition to the war. Snowden should be honored for his action, not forced into exile in Russia. The entire establishment favors prosecuting him. President Obama has wrongly stated that he can’t do anything to help Snowden until he has returned to this country and gone on trial. A petition urging the president to pardon Snowden can be found here: pardonsnowden.org
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Censorship, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Surveillance, Targeting Muslims, Truth to Power, Uncategorized, War Resister
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DAPL Pipeline Dispatch # 9
The Standing Rock Sioux Indian tribe of North Dakota and their many allies won a tremendous victory on December 4 2016. They got the oil pipeline stopped, at least for now. It was being built by the Energy Transfer Partners through their sacred lands, without their consultation, in violation of the Treaty of Fort Laramie, and it was planned to be constructed beneath the Missouri River. A Department of the Army announcement stated that it would seek an alternative route for the 1100 mile $3.7 billion project. A break in the pipeline would’ve polluted the drinking water for up to 15 million people. What accounted for this historic victory? What social forces were involved? What is the legal and financial status of the project?
Water Protectors Legal Collective – NLG
Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.
Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez – robin.martinez@martinezlaw.net
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Professor WatchList
In the weeks following the presidential election we’ve heard rumblings in the news about a variety of watch lists. Recently a student organization called Turning Point launched a website called Professor Watchlist. It publishes the names, locations and alleged offenses of liberal academics, with the mission to “expose and document college professors who discriminate against conservative students, promote anti-American values and advance leftist propaganda in the classroom.” Offenses may include: using swear words or asserting that racism exists. Members of the public are invited to submit tips.
Guest – Rebecca Schuman, a columnist for Slate and author of Schadenfreude, A Love Story and Kafka and Wittgenstein. Her recent article in Slate, Oh Good, A Professor Watch List, outlines a number of concerns about this development.
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Poet Raymond Nat Turner Black Listed
We welcome back to Law and Disorder political poet . Turner is the poet in residence of the internet site and radio show Black Agenda Report. He and others have come under attack by an outfit called PropOrNot, a shabby group that created a blacklist that include more than “200 outlets, from the right-wing Drudge Report and Russian government-funded Russia Today, to Wikileaks and an array of marginal conspiracy and far-right sites. The blacklist also includes some of the flagship publications of the progressive left, including Truthdig, Counterpunch, Truthout, Naked Capitalism, and the Black Agenda Report, a leftist African-American opinion hub that is critical of the liberal black political establishment.”
Guest – Raymond Nat Turner, currently Poet-in-Residence at Black Agenda Report, Turner has been the opening act for such people as James Baldwin, Cynthia McKinney, radical sportswriter Dave Zirin and Congresswoman Barbara Lee after her lone vote against attacking Afghanistan.