Censorship, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Iraq War, NSA Spying, Political Prisoner, Prison Industry, Torture, Truth to Power, War Resister
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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.
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Civil Liberties, Criminalizing Dissent, Cuba, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Venezuelan Embassy Protected Against Staged Attacks In DC
Democracy and the rule of law are being rapidly unraveled in our country by President Trump, his advisers, especially convicted war criminal Elliot Abrams, who was put in charge of policy in Venezuela, and John Bolton, who said that if the top 10 floors of United Nations building were lopped off it wouldn’t make any difference, and with the support of the rightist insurgent Republican Party.
The latest example is the American government’s failed attempt military coup in Venezuela and its support of the ongoing attack on the Venezuelan embassy here in Washington DC.
On April 30th, the United States tried and failed to overthrow the democratically elected Venezuelan president Nikolai Maduro. They fail to supplant him with Juan Guaidó, the self-proclaimed a president who’s only real power is outside of Venezuela and comes mostly from the Trump administration.
Back home in Washington DC right wing counterrevolutionaries in support of Juan Guaidó have so far failed in their attempt to take over the Venezuelan embassy. Under centuries of international law the embassy is considered the property of Venezuela itself.
Last week the Washington DC utility company, undoubtedly at the request of the US government, turned off the building’s water electricity supply. Washington DC police and the Secret Service are preventing people from bringing food and water into the embassy. A number of American citizens, acting in support of democracy in Venezuela, entered the building to protect it against an invasion by coup supporters. They are also demonstrating outside of the building. The embassy protectors are being represented by attorney Mara VerhaydenHilliard of the Washington DC Partnership For Civil Justice.
Popular Resistance, Answer Coalition, Code Pink
Guest – Attorney Mara Verheyden-Hilliard has in the past successfully sued both the Washington DC police department and the New York City Police Department for their abuse demonstrators. She is 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.
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Lawyers For The Left: In The Courts, In the Streets And On The Air
Lawyers For The Left: In The Courts, In the Streets And On The Air is the title of the just published book by our own Michael Steven Smith. It profiles the some of the nation’s most effective agents of social change. Michael discusses how he came to write this book and previews several of the lawyers profiled therein.
As Chris Hedges quotes “The lawyers in this book valiantly fought the erosion of justice and assault on the court system.”
Portside Review by Bill Ayers:
Now open Michael Steven Smith’s smart and compelling Lawyers for the Left, and you’ll find yourself plunged into the contradictions and swirling through the vortex where that question—what is the law?—is on everyone’s mind all the time. It takes on a unique urgency and a fresh vitality as it’s debated case by case and issue by issue by these committed advocates battling against a system they see as deeply and unfairly stacked against their clients—Black freedom fighters, Puerto Rican independistas, Indigenous and immigrant rights activists, women warriors, anti-war militants, water defenders, dissidents and radicals. None of the lawyers you’ll meet here holds fast to the traditional view that the law is simply a civilized mechanism for resolving disputes in an intelligent and reasoned way. They agree, rather, that any honest analysis of the law begins elsewhere, noting that in all times and in all places, the law is constructed in the service of whatever social/economic system created it. In other words, the law is a mechanism of control that works to protect and perpetuate existing social relations.
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CIA Sponsored Terror, Climate Change, Guantanamo, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, War Resister
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Lawyers For The Left: In The Courts, In the Streets And On The Air
Lawyers For The Left: In The Courts, In the Streets And On The Air is the title of the just published book by our own Michael Steven Smith. It profiles the some of the nation’s most effective agents of social change. Michael discusses how he came to write this book and previews several of the lawyers profiled therein.
As Chris Hedges quotes “The lawyers in this book valiantly fought the erosion of justice and assault on the court system.”
Portside Review by Bill Ayers:
Now open Michael Steven Smith’s smart and compelling Lawyers for the Left, and you’ll find yourself plunged into the contradictions and swirling through the vortex where that question—what is the law?—is on everyone’s mind all the time. It takes on a unique urgency and a fresh vitality as it’s debated case by case and issue by issue by these committed advocates battling against a system they see as deeply and unfairly stacked against their clients—Black freedom fighters, Puerto Rican independistas, Indigenous and immigrant rights activists, women warriors, anti-war militants, water defenders, dissidents and radicals. None of the lawyers you’ll meet here holds fast to the traditional view that the law is simply a civilized mechanism for resolving disputes in an intelligent and reasoned way. They agree, rather, that any honest analysis of the law begins elsewhere, noting that in all times and in all places, the law is constructed in the service of whatever social/economic system created it. In other words, the law is a mechanism of control that works to protect and perpetuate existing social relations.
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Necessity Defense Upheld In Climate Change Case
In a rare and heartening victory for climate change activists, a Washington state appeals court recently overturned the conviction of a man who employed the so-called necessity defense.
Activist Ken Ward said he had no alternative but to break into a pipeline facility to save the planet from global warming. While several lawyers and clients have presented this strategy in court, it is rarely allowed to proceed.
That’s because in most courts, including federal appeals courts, protesters are unable to meet the threshold burden of showing their actions were in reaction to an imminent threat, like fire chief Steve McQueen blowing up a skyscraper’s water tank to put out a fire in the film The Towering Inferno.
But in his April 8 decision, Judge David Mann ruled that Ward, quote, “reasonably believed the crimes he committed were necessary to minimize the harms that he perceived.”
Last year, Law and Disorder reported on how a Boston prosecutor reduced charges against 13 pipeline protesters who planned to mount a necessity defense, eliminating the possibility of a trial. Even so, West Roxbury Judge Mary Ann Driscoll still found them not guilty for reason of necessity.
In the Washington case, the Court of Appeals reversed the burglary conviction of Ken Ward, saying the trial court judge had violated his Sixth Amendment rights by refusing to allow him to present a “necessity defense” to the jury.
Guest – Ted Hamilton, co-founder and staff attorney of the Climate Defense Center. Ted has studied comparative literature and philosophy at Cornell and Yale, and written about books, politics, and climate change for a variety of publications. During law school he focused on protest defense and growing the climate movement through involvement in the Harvard divestment campaign and internships with the Civil Liberties Defense Center and Climate Disobedience Center.
Censorship, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Human Trafficking, Iraq War, Political Prisoner, Prison Industry, Surveillance, Truth to Power
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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.
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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.
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Civil Liberties, Crony Capitalism, Human Rights, Political Prisoner, Prison Industry, Truth to Power
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Updates:
Attorney Chesa Boudin: Prison and Cash Bail Reform
Recently we have seen people who are progressives run for the office of prosecutor in cities across the country. This is an office which many people associate with police departments with whom they closely work. The new crop of reform minded prosecutors are saying that the criminal justice system is broken, that it is costly, classist, and racist. They say it is ineffective in keeping people safe and that 2/3 of the people convicted wind up back in prison in a few years.
Guest – Attorney Chesa Boudin who is currently an Assistant Public Defender in San Francisco. He is running for the office of district attorney in that city. The ideas for reform in the criminal justice system that he has put forward in his campaign are receiving wide attention and considerable support. Boudin was instrumental in getting the discriminatory practice of cash bail eliminated in San Francisco.
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OxyContin Epidemic And the Sackler Family
In March, the maker of OxyContin and the family that owns the company, reached a $270 million settlement with the state of Oklahoma over the painkiller’s role in the nation’s opioid crisis. Purdue Pharma is based in Stamford, CT and is controlled by the Sackler Family.
The money will go toward creating a National Center for Addiction Studies and Treatment at Oklahoma State University in Tulsa. The deal comes two months before Oklahoma’s lawsuit against Purdue and other pharmaceuticals blamed for the crisis was set to go to trial.
Purdue Pharma introduced OxyContin more than two decades ago, marketing the highly addictive drug aggressively to physicians. It has made billions of dollars from the drug but faces approximately 2,000 lawsuits from state and local governments trying to hold the company responsible for deadly epidemic.
The Centers for Disease Control reports the prescription opioids like OxyContin were a factor in a record 48,000 deaths across the U.S. in 2017.
Purdue Pharma has settled other lawsuits over the years, and three executives pleaded guilty to criminal charges in 2007. But this is the first settlement to come out of the current coast-to-coast wave of litigation that focuses on the company’s more recent conduct and threatens to drive it to bankruptcy.
Guest – Liz Whyte, an award-winning reporter for the investigation news organization the Center for Public Integrity. Politics of Pain Report. She is a reporter for the Consider the Source state politics team, where her investigative work has won awards from the National Press Club, Editor & Publisher, the Association of Health Care Journalists, the New York Press Club and local chapters of the Society of Professional Journalists.
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Crony Capitalism, Human Rights, Iraq War, Political Prisoner, Prison Industry, Torture, Truth to Power, War Resister
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My Lai Memorial Exhibit
The aggressiveness of United States war machine has killed 500,000 people since 911, caused millions of people to be displaced, and all this at a cost of some $6 trillion.
President Trump has said that “all options are on the table” regarding sending troops to Venezuela. His National Security Adviser John Bolton said that Venezuela, Cuba and Nicaragua are part of the “troika of tyranny ” – in the US’s gun sites. After first promising to withdraw troops from Syria, Trump has reversed himself. Troops are still fighting in Afghanistan after 19 years. Iran remains the ultimate target in the Middle East. How did our country get to the state? What was done 50 years ago in the Vietnam era by millions of American citizens which help end in 1975 the American war in that country?
March 18 marks the 51st anniversary of the infamous My Lai Massacre in Vietnam. Their American troops murdered 504 Vietnamese women, old men, children and babies. It marked a turning point in the American peoples’ revulsion and consequent mobilization against the war.
Guest – former Navy Lieutenant Susan Schnall of Veterans for Peace. She became famous in 1968 when she dropped antiwar leaflets from an airplane on navy ships in San Francisco Bay.
Guest – Mac MacDevitt – is an associate member of Chicago Veterans for Peace and Committee Chair of the My Lai Memorial Project. He is an artist, storyteller and educator who came of age and was forever changed during the Vietnam War. He was radicalized by witnessing the wounded fellow protesters, beaten by US Marshals as night fell after the March on the Pentagon in 1967. In 1981 Mac did a social work internship at the VA Hospital in White River Junction, Vermont in the psych department where he experienced vets dealing with ghosts from Vietnam and earlier wars.
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Democracy Denied: Five Lectures on U.S. Politics
The United States is unique among advanced countries in having the greatest inequality, highest poverty rate, highest portion of its population imprisoned, and highest proportion lacking healthcare.
Victor Wallis’ new book Democracy Denied offers a succinct history of several traits unique to the nation.
It came out of a lecture series in China and presents a historically grounded perspective on these traits, including chapters on “American exceptionalism,” on U.S. imperialism, the trajectory of African-descended people in the United States, efforts to develop a socialist alternative to the dominant institutions, and the current configuration of U.S. politics.
Guest – Victor Wallis is a professor in the Liberal Arts department at the Berklee College of Music in Boston. For twenty years he was the managing editor of Socialism and Democracy. He is the author of Red-Green Revolution: The Politics and Technology of Ecosocialism (2018) and of many articles on topics related to environmentalism, social justice, and radical politics. Victor’s activism dates from the 1960s and encompasses issues ranging from U.S. foreign intervention to prisoners’ rights.
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