Civil Liberties, Death Penalty, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Truth to Power
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U.S. Judge Sides With Chevron, Blocks $9.5 Billion Judgement, Donziger Arrested.
In 2012 the Ecuadorian Supreme Court ordered the oil giant Chevron to pay $9.5 billion in damages to five indigenous tribes of the Amazon rain forest. It was one of the largest judgments in history.
The court ruled that Chevron systematically contaminated a patch of the Amazon forest the size of Rhode Island. The people there are suffering from cancer and other diseases and forced to drink toxic water and grow crops on poisoned land.
Chevron retaliated. They sued in federal court in the Southern District of New York, got Judge Louis Kaplan, an extremely pro corporate judge, who sided with the second largest oil company in the world, blocked the judgment from being enforced, and instead had the peoples’ attorney Steven Donziger charged with racketeering arrested, confined to his home, forced to wear an ankle bracelet, and suspended from the practice of law.
On March 4, 2019 the judge declared the judgment null and void. He said it was the fruit of an illegal shakedown, the result of “a five-year effort to extort and defraud Chevron.“ Donziger responded saying that the judge was an accomplice in “the biggest corporate retaliation campaign in history.“ He told Rolling Stone magazine that “Chevron has spent over $2 billion trying to wear us out and shut us down.”
The oil companies sole witness to its central charge of bribery was a corrupt Ecuadorian ex-judge named Alberto Guerra. They gave him $2 million, got him American citizenship, and installed him and his family in a home in the United States.
ChevronToxico.com
ChevronInEcuador.com
Guest – Attorney Martin Garbus, one of three pro bono lawyers representing Donziger in an attempt to get his law license restored.
Guest – Paul Paz y Miño, Associate Director at Amazon Watch since 2007, and a professional human rights, corporate accountability and environmental justice advocate.
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McCarthyism vs. Clinton Jencks By Raymond Caballero
Clinton Jencks was a decorated World War II hero, who in 1950 led a local of the International Union of Mine, Mill, and Smelter Workers in the famed Empire Zinc strike. It was memorialized in the blacklisted 1954 film Salt of the Earth—in which wives and mothers replaced strikers on the picket line after an injunction barred the miners themselves. Jencks was also a target of Senator Joe McCarthy’s anticommunist hysteria in which thousands lost their jobs, careers and reputations, even though none had committed a crime. Three years after the strike, Jencks was arrested and charged with falsely denying that he was a Communist. He was sentenced to five years in prison.
The Supreme Court in Jencks v. United States (1957), overturned his conviction in a landmark decision that mandated providing an accused person any previously hidden witness statements so that cross-examinations could be effective. In the new book McCarthyism vs. Clinton Jencks, scholar Raymond Caballero reveals for the first time that the FBI and the prosecution knew all along that Clinton Jencks was innocent.
Jencks’s case typified the era, exposing the myriad of injustices many suffered at the hands of McCarthyism. His journey for justice offers a new window into the McCarthy era’s oppression, which irrevocably damaged the lives, careers, and reputations of thousands of Americans.’
Guest – Raymond Caballero, author of Orozco: The Life and Death of a Mexican Revolutionary. Human rights attorney Michael E. Tigar wrote the introduction to McCarthyism vs. Clinton Jencks.
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Civil Liberties, Human Rights, Prison Industry, Truth to Power
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Power of Attorney: Can Progressive Prosecutors Achieve Meaningful Criminal Justice Reform?
Can progressive prosecutors achieve meaningful criminal justice reform? Returning guest reporter Andrew Cockburn addresses this question in his recent article in Harper’s magazine titled Power of Attorney.
Attorney Dave Clegg, running for the office of prosecutor in Ulster County, has written that prosecutors are the most powerful elected officials people probably know the least about. They are the gatekeepers to the criminal justice system. People don’t realize how the DAs decisions impact people facing the criminal justice system and the long-term consequences suffered by their families and communities.
A DA serves with broad discretion and little oversight. For decades harsh decisions by “tough on crime“ DAs have made the USA the world leader in over-incarceration. Most District Attorney races go unchallenged and DAs can remain entrenched in power for decades. DAs have been active roadblocks to justice reform efforts, transparency, and change.
Hopeful prosecutors with good ideas have been running in cities across the country. What reforms are they advocating? What kind of resistance are they coming up against? The Daily Appeal
Guest – Andrew Cockburn, the Washington editor of Harper’s magazine discusses the appearance of progressives running for prosecutors in cities as diverse as San Francisco California, Philadelphia Pennsylvania, Baltimore Maryland, Queens New York, and Ulster county New York.
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The CIA as Organized Crime: How Illegal Operations Corrupt America and the World
In 1947 Congress passed the National Security Act which led to formation of the National Security Council and, under its direction, the CIA. Its original mandate was to collect and analyze strategic information for use in war. Though shrouded in secrecy, some CIA activities—such as covert military and cybersecurity operations—have drawn public scrutiny and criticism.
In 1948 the Security Council approved a secret directive, NSC 10/2, authorizing the CIA to carry out an array of covert operations. This essentially allowed the CIA to become a paramilitary organization. Before he died, George F. Kennan, the diplomat and Cold War strategist who sponsored the directive said that “in light of latter history, it was the greatest mistake I ever made.”
Since NSC 10/2 authorized violation of international law it also established an official policy of lying so as to cover up the lawbreaking.
Guest – Douglas Valentine, author of The CIA as Organized Crime: How Illegal Operations Corrupt America and the World. Mr. Valentine’s rare access to CIA officials has resulted in portions of his research materials being archived at the National Security Archive, Texas Tech University’s Vietnam Center and John Jay College. He has written three books on CIA operations, including The Phoenix Program which documented the CIA’s elaborate system of population surveillance, control, entrapment, imprisonment, torture and assassination in Vietnam. His new book describes how many of these practices remain operational today.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Human Trafficking, Political Prisoner, Prison Industry, Targeting Muslims, Torture, Truth to Power, War Resister
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- Updates: Host Reunion: Epstein Update
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CCR Update With Legal Director Baher Azmy
Three years ago Donald Trump ran on a racist nativist platform scapegoating Muslims and Mexicans. He lost the popular vote but won the election through the electoral college and began implementing his scapegoating. First he banned Muslims because the Supreme Court ignored his campaign statements and ruling that he had a right to do it under national security.
The Trump policy has been deliberately cruel, separating children from families, caging immigrants in cold cement floored cells, rightly called concentration camps, and now attempting to deny non-citizens who are here illegally, medical care and other benefits.
Guest – Attorney Baher Azmy legal director of the Center for Constitutional Rights. The CCR is involved in a number of cases seeking to protect immigrants. We will also speak with Attorney Azmy about the current status of the offshore prison island in Guantánamo Bay Cuba and the men who are trapped there in limbo, who have yet to receive trials. Last, we will speak with him about the Al Shamari v. CACI case where the US government farmed out torture to a private corporation.
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Update: Venezuela Under Economic Embargo
In the midst of escalating U.S. aggression toward Venezuela, antiwar activist Gloria LaRiva recently spent a month in that country to observe firsthand the impact on its people.
Gloria joins us today to discuss the crucial issues facing Venezuelans: the U.S. economic sanctions, the U.S. media blockade, and the people’s organizing efforts to overcome the aggression. She’ll talk about the Bolivarian revolution, and how Venezuela is holding up under an economic embargo. https://www.answercoalition.org/
Guest – Gloria LaRiva is an American socialist activist with the Party for Socialism and Liberation and the Peace and Freedom Party. She ran for president in 2008 and again in 2016 with Eugene Puryear and Dennis Banks as her running mates. She has been a driving force in the campaign to Free the Cuban Five and a longtime friend of Law and Disorder. Liberationnews.org
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Censorship, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Human Trafficking, Political Prisoner, Prison Industry, Torture, Truth to Power
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Victory In New York City Wikileaks Case
Truth telling journalist and publisher Julian Assange and his organization Wiki-leaks won a significant First Amendment victory in federal court in New York City on July 29.
As reported by Oscar Grendel in the World Socialists Website, “The decision by Judge John Koeltl of the US District Court for the Southern District of New York rejected that Assange colluded with Russia. It upheld his status as a journalist and publisher and dismissed claims that WikiLeaks 2016 publication of the leaked emails from the Democratic National Committee was illegal.
We speak today with WikiLeaks lawyer Josh Dratel, who represented WikiLeaks, about this victory for civil liberties and freedom of the press and the right of people to know.
Assange is in terrible and declining health in Belmarsh prison in London waiting extradition to the United States to be tried on 17 counts of espionage for publishing in 2010 troves of information leaked to him by Chelsea Manning demonstrating United States committed war crimes in Iraq and Afghanistan.
The July 29 victory came about when the Democratic National Committee of the Democratic Party attempted to sue Assange and WikiLeaks for publishing DNC Emails on the 2016 Hillary Clinton campaign. They showed that the DNC rigged the primary election against Sanders. Clinton was exposed for taking a $675,000 speakers fee, which some described as a bribe, from the investment banking house of Goldman Sachs to whom she pledged loyalty.
The case the DNC brought against The Russian federation, WikiLeaks and Assange, among others, in 2016 was thrown out of court, with prejudice, by federal judge John Koeltl, a Clinton appointee. Attorney Joshua Dratel defended WikiLeaks.
Please write Julian Assange at this address:
Mr Julian Assange
DOB: 3/07/1971
HMP Belmarsh
Western Way
London SE28 0EB, UK
(Follow These Details In Preparing Letter)
Guest – Attorney Josh Dratel heads a renowned New York City law firm and has a national reputation as a trial and appellate lawyer. He graduated Harvard law school in 1981. Dratel is the past president of the New York State Association of Criminal Defense Lawyers. His many honors include the Frederick Douglass award and the Clarence Darrow award from the ACLU of Idaho. He is the co-editor of the book The Torture Papers: the Legal Road to Abu Graib.
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The Case Of Espionage And Billionaire Pedophile Jeffrey Epstein
When he was alive, the major news media characteristically covered the story of Jeffrey Epstein’s huge pedophile sex ring for a brief news cycle. He was in a federal jail in Manhattan awaiting trial and was dropped out of public view. The salacious aspects of his story were covered briefly. Then he died under mysterious circumstances. The story was briefly revived but diverted to conditions in the jail. But there is much more to it.
In 2007 Florida federal prosecutor Alex Acosta went along with a plea deal which allowed Epstein to plead guilty to a Florida state charge involving prostitution with children and was given an extraordinary light sentence. Acosta dropped federal charges were dropped.
When questioned about this Acosta told a Senate committee inquiring about his credentials to become the secretary of labor in the Trump administration that he, Acosta , was told to back off because Epstein was part of the “intelligence community.“
Was he part of an espionage and blackmail operation? For whom did he work?
Guest – Phillip Giraldi, former CIA agent and counterterrorism specialist and military intelligence officer with the CIA. He is currently executive director of the Council for the National Interest. Geraldi has a masters degree and a PhD.
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Civil Liberties, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Truth to Power
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The Silk Road and Ross Ulbricht
It’s been four years since a jury found that then 29-year-old Ross Ulbricht guilty on charges related to operating a Dark Website called the Silk Road that sold, among other things, illicit drugs.
The case was a high profile one, and Rosshad come to be known by some as the face of the Dark Web. He was convicted on seven charges—including a “kingpin” charge—and now-retired Judge Katherine Forrest imposed two life sentences and 40 years… Ross is a young, non-violent, first-time offender serving two life sentences, plus forty years, without parole. He was not convicted of selling drugs or illegal items himself, but rather of creating an e-commerce website that others chose to use for that purpose. No victim was named at trial, and prosecutors had not even sought such a long sentence.
Corruption, abuse, evidence tampering and multiple violations of Ross’s rights cast serious doubt on the legitimacy of Ross’s conviction and sentence within the legal community and with the public.
In a 2016 appeal, defense attorneys outlined a litany of improprieties and abuses in the investigation and trial. Perhaps most serious was that the court precluded information about two corrupt federal agents investigating Silk Road who are now both serving prison sentences for corruption. Last year the Supreme Court denied to consider the case.
Guest – Ross’s mother, Lyn Ulbricht joins us to talk about a petition for clemency to President Donald Trump. Free Ross Ulbricht.
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Attorney Client Privilege
What is the attorney-client privilege? And to whom does it apply? Generally speaking, the privilege is owned by the client and unless the client waived her rights her lawyer is barred not only from revealing any information about the client but even revealing who the client is.
An exception in the case of the FBI raid and Donald Trumps attorneys Office, Home, and hotel room was made on the grounds that there is a fraud exception to the attorney-client privilege. Defenders of the attorney-client privilege, even if it has to do with protecting Donald Trump, have argued that it is illegal and unprincipled for the Justice Department to get a search warrant from a federal magistrate and violate the principle.
Guest – Minneapolis Attorney Carla Kjellberg, has worked with victims of child sexual assault who have sued priests, litigated sensitive family law matters, and worked with unions and political activists.
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CIA Sponsored Terror, Civil Liberties, FBI Intrusion, Human Rights, Prison Industry, Truth to Power
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Bronx 120 Report 2019 Questions Largest Gang Take Down
Three years ago, on April 27, 2016, SWAT teams and about 700 NYPD officers, with federal law enforcement present, raided the Eastchester Gardens public housing project and nearby homes in the Bronx. One hundred 20 people, almost all young black and Latino men, who were indicted after the pre-dawn raid. Prosecutors called the “largest gang take-down in New York City history.” At the time we covered it on Law and Disorder.
Preet Bharara, then U.S. Attorney for the Southern District of New York, said the 120 were members of two violent, rival street gangs that had “wreaked havoc” in the neighborhood for years and were responsible for at least eight murders. The NYPD police commissioner at the time, William Bratton said: “These gang members do not belong on our streets…Instead they belong exactly where they are going, to federal prison, for many years, where they won’t be surrounded by their buddies, they won’t be close to their families, and they’ll no longer be free to terrorize the neighborhoods in which they grew up.”
Visit – Bronx120.Report
Although the press covered the raids for a few days, over the past 3 years, few journalists have followed up. A new report, published prior to the raid’s third anniversary reveals troubling facts about the prosecution. It also raises questions about due process, the abuse of federal conspiracy charges, and the criminalization of social relationships in communities of color.
Guest – Babe Howell, a co-author of the report and a professor at CUNY School of Law. Professor Howell studies gang policing practices and teaches Criminal Law, Criminal Trial Advocacy and Lawyering Skills. A graduate of Harvard College, Professor Howell received her J.D. from New York University School of Law where she was a Root-Tilden Snow Public Interest Scholar.
Professor Howell’s scholarship focuses on the intersection of the criminal justice system and race. She is particularly interested in the effects of policing of minor offenses and alleged gang affiliations and the impact such policing has on the legitimacy of the criminal justice system and communities of color.
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Period Equity Tax
Thousands of health and personal care items in the United States are exempt from sales tax. That includes items like shampoo, chapstick, and Viagra. But notably missing from that list are menstrual products. To-date only nine states include tampons and sanitary pads from their tax exempt list. Seven more have introduced legislation aimed at doing the same. Three of the seven — Nebraska, Virginia and Arizona — introduced their legislation this year.
In her book, Periods Gone Public, Jennifer Weiss-Wolf chronicles what she calls a lack of “period equity.” She writes that managing menstruation “is a critical aspect of the lives and civic participation of more than half the population,” and should be considered when making policy.
Much of her advocacy has focused on fighting against what’s dubbed the “tampon tax.” It’s an example of women paying a premium for various products, known as the “pink tax.”
While there is no specific tax on tampons, in states that don’t tax medical and health supplies, tampons are excluded from those tax-exempt categories.
Guest – Jennifer Weiss-Wolf, a leading voice for equitable menstrual policy in America, her 2017 book Periods Gone Public lays out a pro-active policy agenda. A frequent contributor to the New York Times, Time, Newsweek, the Nation and other publications, she serves on the boards of Support the Girls,The Cup, and Girls Helping Girls. Period., and is an Advisory Board member of ZanaAfrica Foundation, which provides menstrual health education and products to girls in Kenya. An attorney with expertise in nonprofit management and development, she is a vice president of the Brennan Center for Justice at NYU School of Law.
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