Civil Liberties, Human Rights, Political Prisoner, Prison Industry, Surveillance, Truth to Power
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The Torture Machine: Racism and Police Violence in Chicago
Although torture is illegal under both American law and international law the USA has practiced torture for the last half century from Vietnam to Afghanistan, from Iraq to Guantánamo Cuba, and here at home in Chicago, Illinois.
President Obama refused to prosecute the torturers of the Bush era. Bush’s Vice President Dick Cheney greenlighted the torture saying we must go over to the darkside.
President Trump, who approves of waterboarding and worse, said during his campaign that torture works. It doesn’t. Tortured people will say anything to relieve their agony.
Over 100 Black men in Chicago were tortured in the 1970s and 1980s. They confessed to crimes although many of them were innocent. But in Chicago, unlike under President Obama who refused to enforce the law saying that “we must look forward not backward”, something was done about it.
Our guest attorney Flint Taylor, his office the People’s Law Office, many groups in the community, several dedicated journalists, law students, and even Amnesty International worked together and won an historic victory.
What they did and how they did it is the story told in Flint Taylor‘s new book, a tour de force, published by Haymarket Books, called The Torture Machine: Racism and Police Violence in Chicago.
For the first time in American history reparations were paid to Black persons. The torture ringleader Police Commander John Birge was sent to prison. Every Chicago public school student is now taught about what happened in their city. A monument for the victims has been put up and free college tuition and psychological counseling are available to the victims.
Guest – Flint Taylor is a founding partner of the Peoples Law Office. He was one of the lawyers for the families of slain Black Panther leaders Fred Hampton and Mark Clark, has represented many survivors of Chicago police torture over the past 30 years, and was also trial co-counsel in the landmark civil rights case against the KKK, Nazis, and Greensboro, North Carolina police in the murder of five anti-Klan demonstrators.
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Eugene V Debs: A Graphic Biography
Eugene V. Debs, the greatest American Socialist and the foremost agitator for socialism that we have ever had , is back in the public guy eye again after a century. Back then, with Debs as it’s outstanding spokesman, socialism began for the first time to get a hearing in this country.
Debs talked about a new social order based on cooperation and comradeship. He and the newspaper “Appeal to Reason“ for which she wrote inspired a whole generation of native radicals with the great promise of socialism.
Socialism is no longer a dirty word. Google reports that the word “socialism“ got more hits than any other word last year. A 2016 poll showed Democratic primary voters “in every age group, every gender, and every race view socialism favorably.“ Candidates are openly advocating for socialism and getting elected.
In 1894 Debs, though not yet a socialist but an militant beloved labor leader, was jailed for six months after leading the nations railroad workers in a failed strike against the powerful railroad owners. He was defended by the magnificent attorney Clarence Darrow.
In 1919 Debs was again convicted, this time for violating the Espionage Act which was used against war war one antiwar activists. He was incarcerated for a second time at age 63. He was given a 10 year sentence of hard labor in a federal penitentiary in Atlanta, Georgia. His crime was making a speech opposing America’s participation in World War I.
It is the Espionage Act which will be used against WikiLeaks publisher and truth teller Julian Assange if United States Government is Able to arrest him and London where he has been granted political asylum in the embassy.
Deb’s Socialist Party of America was formed in 1901 and heralded a wave of broad popular support for the ideas of socialism. We see this phenomena currently unfolding in these dire times of permanent war and austerity.
Paul Buhle along with Attorney Dave Nance are authors of the just published by Verso Press book Eugene V Debs: a Graphic Biography.
Guest – Paul Buhle, formally a senior lecturer at Brown University, produces radical comics. He founded the journal “Radical America” and co-edited with Dan Georgakas and Mari Jo Buhle, the invaluable “Encyclopedia of the American Left”.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal
In the overburdened U.S. criminal justice system, with its burgeoning prison population, we hear a lot about felony convictions. Felonies are crimes usually punishable by a term of more than one year, or the death penalty. What we don’t hear much about are misdemeanors, low level offenses punishable by fines or short terms of imprisonment in local jails.
With ten million petty cases filed annually, most U.S. convictions are misdemeanors. Unlike felonies, however, their processing is typically informal and deregulated. Much like fast-food justice, they have high-volume arrests, weak prosecutorial screening, an overtaxed defense bar, and high plea rates. There is often little meaningful scrutiny to see if convictions are supported by evidence. Innocent people who can’t afford bail often plead guilty just to get out of jail.
What the result of misdemeanor convictions? It’s pretty serious: stigma of a criminal record, misdemeanants are often heavily fined, incarcerated, and/or lose jobs, housing, and educational opportunities. Petty convictions are more frequent and burdensome even as we devote fewer institutional resources to ensuring their validity.
The misdemeanor phenomenon has profound systemic implications. It invites skepticism about whether thousands of individual misdemeanants are actually guilty. It reveals an important structural feature of the criminal system: that due process and rule-of-law wane at the bottom of the penal pyramid where offenses are pettiest and defendants are poorest. Misdemeanor processing is the way poor defendants of color are swept up into the criminal system with little or no regard for actual guilt.
In her new book, Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal, Law Professor Alexandra Natapoff takes an in-depth look at the misdemeanor process is an institutional gateway that explains many of the criminal system’s dynamics and dysfunctions.
Guest – Alexandra Napatoff, University of California Irvine law professor and a member of the American Law Institute. She’s also a former federal public defender, a community organizer, and the recipient of an Open Society Institute Community Fellowship.
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Kings Bay Plowshares 7
In our society nuclear weapons that can destroy all creation are taken as a normal, even an inevitable, part of life. In a dramatic action to break what they call “the crime of silence“ seven Catholic peace activists entered the Kings Bay trident submarine base in Georgia last April to perform an act of symbolic disarmament.
They used hammers to follow the prophecy of Isaiah “to beat swords into plowshares” and poured blood to make holy what was evil in a sacramental action.
Kings Bay is homeport to six ballistic missile trident submarines, each of which deploy 16 trident missile’s carrying four or more warheads of at least 100 kilotons. The Hiroshima bomb was 14 kilotons. Each submarine thus has the distructive power of at least 500 Hiroshima bombs.
The plowshares seven face up to 25 years in federal prison. Their trial is coming up in the next month. Theirs was the latest of 100 plowshares actions around the world since 1980.
Guest – Martha Hennessey, Kings Bay Plowshares 7 co-defendant, activist and volunteer with the New York Catholic Worker.
Guest – Carmen Trotta, Kings Bay Plowshares 7 co-defendant, activist and volunteer with the New York Catholic Worker.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Truth to Power, War Resister
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Honoring the Legacy Of Dr. Martin Luther King Jr.
Today on Law and Disorder we bring you a special hour-long program honoring the life and legacy of the Rev. Dr. Martin Luther King. Our listeners know all too well that the Nobel Peace Prize laureate was shot on April 4, 1968–51 years ago. Not so well known is the radical Dr. King, who said in the last months of his life that:
“Our only hope today lies in our ability to recapture the revolutionary spirit and go out into a sometimes hostile world, declaring eternal hostility to poverty, racism, and militarism. With this powerful commitment we shall boldly challenge the status quo.”
Joining us are special guests Ruby Sales, a colleague of Dr. King’s and co-founder of the Student Nonviolent Coordinating Committee; and Rev. Dr. Emma Jordan-Simpson, Executive Director of the Fellowship of Reconciliation (F.O.R.). We’re also joined by author and activist Matt Meyer, a board member of the AJMI.
Dr. King began close ties with A.J. Muste and with the F.O.R. during the Montgomery bus boycott, when FOR staff members Bayard Rustin and Glenn Smiley came to Alabama to support local efforts nonviolently challenging racial segregation. Dr. King developed a special relationship with former FOR chairman A.J. Muste, whose absolute pacifism King had, as a theological seminary student, questioned.
Before heading F.O.R., Muste was a prominent labor leader, helping to found the militant Congress of Industrial Organizations (CIO). And Dr. King, of course, was killed exactly one year after taking a staunch anti-Vietnam war position and in the midst of supporting a significant strike of sanitation workers, linking—as he had been—issues of race, class, and violence as King deepened his critique of the roots of oppressive U.S. society.
Guest – Ruby Sales is the founder and director of the “SpiritHouse Project”, a national organization that uses the arts, research, education, action and spirituality to bring diverse peoples together to work for racial, economic and social justice as well as for spiritual maturity. A life-long organizer, scholar and public theologian in the areas of civil, gender and other human rights, she was a member of the Student Non-violent Coordinating Committee and served as national convener of the Make Every Church A Peace Church movement.
Guest – Rev. Dr. Emma Jordan-Simpson is the Executive Pastor of The Concord Baptist Church of Christ, Brooklyn, NY. She has combined pastoral ministry with the social justice community. The former Executive Director of the Children’s Defense Fund she is now the Executive Director of the Fellowship of Reconciliation.
Guest – Matt Meyer is Secretary-General of the International Peace Research Association, Chair of the International Fellowship of Reconciliation’s Financial Advisory Committee, Africa Support Network Coordinator of the War Resisters International, and Senior Research Scholar at U-Mass Amherst. As current National co-chair of FOR and former Chair of the War Resisters League, he is second only to AJ Muste in holding the top post of those two historic US peace organizations. He is author of the recently published White Lives Matter Most And Other “Little” White Lies.
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CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
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Guantanamo Diary: Mohamedou Ould Slahi
The American offshore prison camp in Guantánamo, Cuba is still operating. After the attacks on September 11, 2001, it was set up as a place where neither American or international law would apply and where prisoners could be brought, tortured, detained forever, and never charged with a crime. Ten years ago, former President Obama promised to close the offshore prison when he ran for office. It remains up and running to this day. Mohamedou Ould Slahi spent 18 years of his life there. He was an electrical engineer from Mauritania in Africa and educated in Germany. He was 32 years old when he was apprehended in his home, taken to Jordan where he was tortured, then to Afghanistan, then to Guantanamo and 16 years later at age 48, he was released. He walked out of Guantanamo Bay Prison in October 2016 without being charged with a crime and returned to his native Mauritania.
While in prison in 2005 he wrote a memoir, in English, one of his four languages. His attorney Nancy Hollander had asked him to do it and she finally got it declassified in 2012 but with heavy redactions. It was made into a book, titled Guantánamo Diary, and published in 2015 and became an international bestseller.
In it, he describes how he was tortured in ways personally approved by then Defense Secretary Donald Rumsfeld. Torture is a criminal act under both US and international law. As many know, Rumsfeld has yet to be prosecuted.
Guest – Mohamedou Ould Slahi joins hosts from his native country of Mauritania where he is a writer. He is the author of Guantanamo Diary.
Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.
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Manhattan Neighborhood Network Supreme Court Case
Is a public-access TV channel run by private nonprofit corporation subject to the First Amendment? The Supreme Court will consider that question in a case involving the Manhattan Neighborhood Network or MNN. In 1991 MNN was designated to operate as a public-access channel in New York City. The Manhattan Borough President has no control over MNN but does pick two of its thirteen board members.
In 2012 Jesus Melendez, an occasional contributor to MNN, was suspended for trying to attend a board meeting. His associate Deedee Halleck then videoed him outside talking about the situation. MNN banned the video from airing. Melendez and Deedee brought a First Amendment claim against MNN asking if the network is a state actor for purposes of their First Amendment rights. The district court said no, noting that, while it was a close call, other circuits had concluded that privately run public-access networks were not state actors.
The Supreme Court hasn’t directly weighed in on this question although Justice Anthony Kennedy, in a 1996 concurrence in a case dealing with laws regulating content on public-access channels, wrote they should be considered state actors who run public fora and thus be subject to the First Amendment. Justice Clarence Thomas disagreed in his concurrence, writing that “franchising authorities require cable operators to create public access channels, but nothing in the record suggests that local franchising authorities take any formal easement or other property interest in those channels that would permit the government to designate that property as a public forum.”
Defenders of MNN claim, that while it’s possible that some public-access channels could be rightly called state actors, the Court should take the case to clarify the state-actor test and to review the Second Circuit’s unnecessarily broad opinion.
Guest – Deedee Halleck one of the plaintiffs in this case and among the top media activists. She’s co-founder of Paper Tiger Television and also the Deep Dish Satellite Network, the first grass roots community television network. She is Professor Emerita in the Department of Communication at the University of California at San Diego.
Guest – Attorney Paul W. Hughes, a partner in the law firm Mayer Brown’s appellate and Supreme Court practice. Paul has handled more than 200 appellate matters, more than 125 of which were in the U.S. Supreme Court. In 2017The American Lawyer named Hughes “Litigator of the Week” in connection with his immigration work.
Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Truth to Power
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Impeaching the President: Past, Present and Future
Two U.S. presidents have been impeached: Andrew Johnson in 1868, and Bill Clinton in 1998. Richard Nixon would have been impeached but he resigned in 1974. Rumblings of impeaching the winner of the 2016 president elections even took place before the votes were in. Opponents of Hillary Clinton cited her use of a private e-mail server as Secretary of State as reason. Opponents of Donald Trump cited his business interests disqualified him. Possible criminal activities involving the Trump campaign added fuel to those calls.
Restraints on executive power exist because he greatest risk of tyranny comes from the executive branch. That’s partly because the president is a single person. In contrast, Congress and the Supreme Court must persuade a majority of their colleagues in order to act. As well, presidential authority as commander in chief includes the power to deploy weaponry as the head of the military and law enforcement.
The nation’s founding fathers value checks on tyranny. in part because of oppression by the British monarchy. At the Constitutional Convention some delegates opposed making one person responsible for executing the nation”s laws. While it decided in favor of a one-person executive, it adopted provisions aimed at preventing the president from becoming king-like.
Limits including four-year terms and voter approval to stay in office. The founders knew that even in four years the president could do much damage. So they created a mechanism for quicker replacement of the President if needed. The House of Representatives could “impeach” him, an accusation of wrongdoing that would prompt a trial in the Senate. If the Senate voted by two-thirds vote to convict the president, it would automatically result in removal from office. Impeachment can also be used to remove all federal officers.
Guest – Alan Hirsh, author of Impeaching the President: Past, Present and Future. Alan is a Lecturer in Humanities and Chair of Justice and Law Studies at Williams College. He’s also the author of For the People: What the Constitution Really Says About Your Rights and A Citizen’s Guide to Impeachment.
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Remembering Mujahid Farid, Lead Organizer of Release Aging Persons in Prison
Today we remember and celebrate the life of Mujahid Farid who passed away last week in New York. Listeners will recall that Farid had been on Law and Disorder several times in the last few years, along with Laura Whitehorn and Dave George from his organization Release Aging Persons in Prison. In 1978, Farid was sentenced to 15 years to life in prison. He was 28 years old. He first became eligible for parole in 1993. He had earned four college degrees including two masters degrees while incarcerated. He was denied parole nine times. As we’ve discussed in prior segments, New York state parole commissioners denied his requests as with many others based on the nature of his crime rather than he many accomplishments he made while in prison.
In an article in the Village Voice, Farid noted that he asked the commissioners: “Is there anything I can do to make myself eligible for release?” He didn’t get a response but said he saw disapproving changes in the body language and facial expressions of the commissioners that his question wasn’t welcome. He was denied again. These denials added 18 years to his incarceration.
In 2011, Farid appeared before the parole boar for the tenth time. He stood before two new commissioners who had high rates of granting parole and that year, Farid was released. Farid became a 2013 Soros Justice Fellow. During his confinement, in 1987 Farid was part of a trio that created and proposed the first HIV/AIDS peer education program in New York State prisons, that later developed into the widely acclaimed state-wide program called PACE (Prisoners AIDS Counseling & Education). Farid participated in the creation of a college certificate program sponsored by New York Theological Seminary, and he taught introduction to sociology courses for people training for Alcohol and Substance Abuse (ASAT) counseling certification.
Since his release Farid initiated two programs designed to have an impact on dismantling mass incarceration: The RAPP Campaign and the Rise & Shine Small Business Coalition, the latter providing support for the creation and start-up of community businesses operating on principles of social entrepreneurship. In 2013 Farid was awarded a joint New York State legislative commendation for his community work and a Citizens Against Recidivism, Inc. award for social activism.
As listeners may recall, the number of people aged 50 and older in New York State, where RAPP was founded, has doubled since 2000; it now exceeds 10,000— which is about 20% of the total incarcerated population. This reflects a national crisis in the prison system and the extension of a culture of revenge and punishment into all areas of our society.
RAPP focuses on aging people in prison, many of whom are long-termers convicted of serious crimes. Many of these human beings have transformed their lives and developed skills and abilities they lacked before incarceration. They could be released from prison with little or no threat to public safety. Yet many are denied release, often for political reasons, and they needlessly remain imprisoned into old age. These elders could return to their communities if current mechanisms such as parole and compassionate release were correctly utilized.
Farid, you are in our thoughts and we send you our love.
Guest – Laura Whitehorn is a former political prisoner and native New Yorker, who was active in supporting groups such as the Black Panther Party, the Black Liberation Movement and was active with Students for a Democratic Society and the Weather Underground. Laura worked to help expose the FBI’s Counter Intelligence programs.
Guest – Mujahid Farid co-founded the Prisoners AIDS Counseling and Education program and helped design prison-based sociology and theology courses that allowed others to earn college-credited in prison. He also earned four college degrees and other certifications while incarcerated, including his paralegal certificate, NYS Department of Labor Certificate in Human Development Counseling, and NYC Department of Health Certificate in HIV/AIDS Counseling.
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Civil Liberties, Human Rights, Prison Industry, Supreme Court, Surveillance, Torture, War Resister
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Update: Hosts Discuss U.S. Primary Election
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Trump’s Judges Imperil Our Rights for Decades
In less than two years, Donald Trump has two installed not one, but two, right-wing justices on the Supreme Court, ensuring a conservative majority for decades to come.
Republican congressional leadership appropriated (stole?) a high Court appointment from Barack Obama and appointed Neil Gorsuch. Gorsuch has cast the deciding vote in 14 cases that hurt workers, consumers, voters, immigrants and reproductive rights, while upholding abuses of government authority. Notably, he cast the deciding vote to uphold Trump’s Muslim travel ban in Trump v. Hawaii.
Republicans then pushed through the appointment of Brett Kavanaugh, who lied under oath and displayed conduct unbecoming a Justice. Just as Gorsuch has upheld the views of conservative Federalist Society and Heritage Foundation backers, Kavanaugh will surely do the same.
The public is less aware, however, of Trump’s systematic appointment of 29 right-wing judges on the federal circuit courts of appeals. And he hopes to appoint even more by year-end. These circuit court appointees have handed down regressive decisions favoring interests of the rich and upholding unlimited spending in politics. Judges who sit on the circuit courts wield enormous power because most cases are resolved at that level.
Seventh Circuit Judge Amy Coney Barrett, for example, voted in one case to allow a corporation to racially segregate its workplace. She also rejected the asylum claim of an immigrant who alleged he was tortured, without even considering the case merits. In the Sixth Circuit Judge Amul Thapar voted to allow public officials to lead Christian-only prayers at public Board of Commissioners meetings.
These decisions are just the tip of the iceberg.
Guest – Attorney Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, JURIST, Truthdig, Portside, Alternet, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Her website is http://marjoriecohn.com/
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The Nature of American Fascism
One hundred and eleven years ago American socialist and famed novelist Jack London in his book “The Iron Heel” anticipated what we are seeing developing in the USA today. He wrote “There is a shadow of something colossal and menacing that even now is beginning to fall across the land. Call it the shadow of an oligarchy if you will; it is the nearest I dare approximate it. What its nature may be I refuse to imagine. But what I wanted to say was this: you are in a perilous position.“
With our experience with fascism in the 20th century in Germany and Italy and with what we see developing in the USA right now we can clearly imagine what American fascism would look like.
– Socialism would be illegal and it’s proponents imprisoned
– Labor unions would be totally illuminated as an organization for those without property
– Quality public education would be further reduced
– The independence of public universities would be totally undermined
– Billions of dollars would continually being devoted to slick propaganda
– Much of traditional government functions with the exception of the police and the armed forces would be privatized
– The media and the Internet would be put under direct government control
– Minorities, blacks, Muslims, Jews, Mexicans, and LBGTQ people would be scapegoated for societies’ills.
– Women would be denied control over their own bodies
– Church and state would no longer be separated
– The rule of law would be cast aside.
Fascism doesn’t just doesn’t descend on us all at once like the falling of a dark curtain. It creeps in. It has been creeping in over the last 40 years of neoliberalism and with the rise of the ultra right who have taken over the Republican Party. All this was topped off to years ago with the election of Trump. In the last two weeks it has gotten even worse. Two black people were assassinated in Kentucky, 11 Jews were slaughtered inside there Pittsburgh synagogue, Trump canceled a nuclear non-proliferation pact with Russia, he declared himself a nationalist, really a white nationalist, and then sent 14,000 troops to the Mexican border to prevent desperate mostly women and children walking north from Honduras from claiming their lawful ride to asylum, and then he threatened to cancel birthright citizenship, a right guaranteed by the 14th amendment to our constitution.
We know which fascism looks like. We have identified it. But what do we do to fight it?
Guest – Barry Sheppard, is a political writer from Oakland California, a longtime socialist, activist, and author. Contact email: Lundshep@att.net
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