Censorship, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Torture, Truth to Power
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Attorney Ron Kuby Updates On Donziger Trial
Three weeks ago, environmental attorney Steven Donziger’s Chevron-funded trial for misdemeanor contempt trial drew to a close. Steven and his defense team are now waiting for what they claim is an inevitable verdict of “guilty” by Chevron-linked Judge Loretta Preska. As Steven has written to his supporters, Preska denied him a jury of unbiased fact finders by ordering a bench trial. She also ruled against Steven and his attorneys on 99% of all their courtroom objections. Steven also notes that Preska—a conservative judge and a former member of the Federalist Society’s advisory board—actually read the newspaper during witness testimony.
The defense team is preparing for its expected appeal after Preska delivers her ruling. They are following up on, and researching, additional revelations of corruption by Chevron and the high-paid lawyers challenging the original multi-billion-dollar fines for Chevron’s toxic pollution in Ecuador.
DonzigerDefense.com
ChevronToxico.com
ChevronInEcuador.com
Guest – Attorney Ron Kuby, who along with his law partner Rhiya Trevedi and noted First Amendment attorney Martin Garbus, comprise the Donziger defense team. Ron is the former law partner of William Kunstler, and his body of work continues to uphold their tradition of representing the poor, downtrodden, and wrongfully accused.
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Building Support To Free Wikileaks’ Julian Assange
Whistle blowing Australian journalist and the publisher of WikiLeaks Julian Assange sits in a jail cell in solitary confinement in London’s infamous Belmarsh prison. There he awaits the decision of the British High Court as to whether at the behest of the Trump and now Biden administrations he will be extradited to the Eastern District of Virginia to stand trial on 17 counts of espionage under the recently resurrected 1917 Espionage Act which was originally enacted to be used against spies. He will certainly be sentenced to imprisonment for the rest of his life at a super maximum-security prison where communications with the outside world will be cut off.
His case is on appeal to the British High Court. At the recent extradition hearing British magistrate Vanessa Baraitser ruled in favor of the United States on all 17 counts of espionage lodged against him by the Trump administration. She did however rule that Julian Assange would be subjected to terrible conditions in American maximum-security prison and therefore should not be extradite. The Biden administration has appealed this ruling.
The charges Assange faces are a major threat to press freedom. James Goodale, who represented the New York Times in the Pentagon papers case, commented, “The charge against Assange for “conspiracy” with a source is the most dangerous I can think of with respect to the first amendment in all my years representing media organizations.”
It is crucial to build support for Assange and preventive his delivery into the hands of the Biden administration and its prosecutors.
Julian Assange’s crime was to expose the war crimes, murder, and the inner workings of the American empire to the world press. He might pay for this embarrassment with his life.
Homerun4Julian.com
Guest – John Shipton, Julian’s father who is visiting the United States from his native Australia touring to raise support for his victimized son.
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Civil Liberties, Gaza, Human Rights, Political Prisoner, Prison Industry, Truth to Power, War Resister
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- Commentary: Jim Lafferty On Israeli – Palestinian Conflict
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Steven Donziger Trial: Continuing Coverage Part 2
After five days in court and 650 days on house arrest, environmental lawyer Steven Donziger chose not to take the stand and testify in his own defense. As listeners will recall, Steven was on trial for criminal contempt of court charges. In August 2019, he refused to turn over his computer, cellphone and other electronic devices and he has been detained pretrial for a misdemeanor offense. If convicted, he faces six months in prison.
The attorney who won a multi-billion-dollar settlement against Chevron oil for polluting an area Ecuador the size of Rhode Island and causing the indigenous people thousands of injuries and deaths by cancer and other illnesses, told The Intercept about the decision: “My lawyers said you’d be crazy to testify, so we decided to cut the case short. No need to continue to legitimize what’s essentially a charade.”
Judge Loretta Preska denied Steven a trial by jury, and many contend that a jury of his own peers might have acquitted the human rights defender of all six counts. Attorney and Harvard Law School professor Charles Nesson agrees. “This is a story of the denial of jury trial,” Nesson said. “He’s been effectively convicted and disbarred and more or less bankrupted without any jury. And now he’s about to be convicted. And all of this without a jury.”
DonzigerDefense.com
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. Garbus has a long and distinguished career as a civil rights and first amendment litigator. Attorney Martin Garbus has represented Nelson Mandela, Daniel Ellsberg, and Cesar Chavez and worked in Rwanda, China, and the Soviet Union, among other countries.
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Take Me To Your Leader: The Rot of the American Ruling Class
We need to know our enemy because the task of changing society begins with understanding who holds power. In 1915 the great Irish socialist James Connolly said, “O, yes! The ruling class are worthy of study. The natural history of the ruling class is a fascinating interest. You begin with interest, you proceed with awe and admiration, you deepen into hatred, and you wind up with contempt for the nature of the beast. You realize that – the capitalist class is the meanest class that ever grasped the reins of power”. Jacobin magazine’s Spring 2021 issue is devoted entirely to an examination of the ruling class.
Guest – Doug Henwood who has an article in Jacobin titled Take Me To Your Leader: The Rot of the American Ruling Class. Doug Henwood is the editor of Left Business Review and the host of the radio program Behind the News.
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Civil Liberties, Human Rights, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Moving The Bar: My Life As A Radical Lawyer
Michael Ratner’s memoir Moving The Bar: My Life As A Radical Lawyer will be available at OR Books. As listeners know, Michael Ratner was one of the most important civil rights attorneys in our era. He spent his life fighting on behalf of those who state and empire sought to crush, from the leaders of the prison uprising at Attica to Muslim prisoners held in Guantanamo, to Julian Assange.
Michael Ratner (1943–2016) worked for more than four decades at the Center for Constitutional Rights becoming first the Director of Litigation and then the President of what Alexander Cockburn called “a small band of tigerish people.” He was also the President of the National Lawyers Guild. Michae Ratner handled some of the most significant cases in American history. This book tells why and how he did it. His last case, which he worked on until he died, was representing truth-telling whistleblower and now political prisoner Julian Assange, the editor of WikiLeaks. Ratner “moved the bar” by organizing some 600 lawyers to successfully defend habeas corpus, that is, the ancient right of someone accused of a crime to have a lawyer and to be brought before a judge. Michael had a piece of paper taped on the wall next to his desk at the CCR. It read:
Four Key Principles Of Being A Radical Lawyer:
1. Do not refuse to take a case just because it is long odds of winning in court.
2. Use cases to publicize a radical critique of US policy and to promote revolutionary transformation.
3. Combine legal work with political advocacy.
4. Love people.
We hear interviews about Michael Ratner with Chris Hedges’s show On Contact, Attorneys Eleanor Stein, Richard Levy and David Cole.
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Afghanistan War, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Prison Industry, Targeting Muslims
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Jodie Foster Plays Attorney Nancy Hollander in The Mauritanian
In 2019 Law & Disorder interviewed Nancy Hollander for our Lawyers You’ll Like series. Nancy secured whistleblower Chelsea Manning’s release in 2017 when President Obama commuted her sentence from 35 to 7 years. Nancy was also an attorney in the landmark Holy Land Five Case. In her law practice she often represents individuals and organizations accused of crimes involving national security.
We also spoke with Nancy in 2018 about her client Mohamedou Ould Slahi, whose release she obtained after he served 15 years in the American offshore prison camp in Guantanamo Bay Cuba, without ever being charged of a crime. Slahi wrote a memoir about his experience in prison called Guantanamo Diary, where he was tortured in ways personally approved by then-Defense Secretary Donald Rumsfeld. Thanks to Nancy Hollander the book was published in 2015 and became an international bestseller. Fast forward to 2021. A new film, The Mauritanian, features Jodi Foster as Nancy. Foster has already won a Golden Globe for her performance, and the film sheds light on Nancy’s tenacious fight to free her client, the secretive prison camp and the illegal practices therein.
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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Stevens Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice by Bruce Levine
The 1861 to 1865 Civil War and the reconstruction period which followed it is widely considered to be the second American revolution. The slave-owning planter class in the south was defeated, at least for a while. Slave labor was abolished, but came back in other forms after reconstruction was crushed by 1877.
The promise of the declaration of independence that all men are equal before the law was fulfilled, at least for a while. Pennsylvania congressman Thaddeus Stevens was the foremost political leader in the struggle, even more than Abraham Lincoln. Stevens helped to bring about the abolition of slavery and was a leader in the effort during Reconstruct to make the United States a biracial democracy This wise and eloquent revolutionary has been vilified and rendered rendered obscure during most of the years since he died 153 years ago.
The distinguished historian Bruce Levine in his just published biography of Stevens “Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice” has secured a place for him alongside his contemporary John Brown in the pantheon of American revolutionary figures.
Guest – Bruce Levine, emeritus professor of history at the University Illinois and the author of four previous books on the Civil War era.
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CIA Sponsored Terror, Civil Liberties, Human Rights, Prison Industry, Surveillance, Truth to Power, War Resister
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- Commentary By Attorney Jim Lafferty: Christian Nationalism
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Activists Face Felony Charges In Action Denouncing Elijah McClain Murder
On September 17, 2020 at least six anti-racist activists were arrested in an action denouncing the Colorado police, notably for the murder of Elijah McClain. In the summer of 2019, three Aurora Colorado police officers put 23-year-old McClain in a chokehold and medics injected him with ketamine. The young violinist and massage therapist went into cardiac arrest, was pronounced brain dead, and died three days later.
The social justice activists now face a litany of felony charges, and possible decades in prison, on charges that include “kidnapping.” Four of those arrested — Russel Ruch, Lillian House, Joel Northam, and Eliza Lucero — are considered protest leaders and are members of the Party for Socialism and Liberation.
Police made a spectacle of the arrests, sending what many assert is a threatening message to other activists. Police followed Russel Ruch to Home Depot where they arrested him in the parking lot; five police cars surrounded Lillian House as she was driving; and a S.W.A.T team was dispatched to Joel Northam’s home. According to the 30-page arrest affidavits, the police used livestream footage, call transcripts, and social media posts to build a case against those arrested.
Guest – Lillian House, one of the four protest leaders. More information at Denverdefense.org
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The Current Risk of Nuclear War And Treaty Restoration
When Donald Trump was president, the Democrats called him Putin‘s poodle. They falsely claimed that Russia influenced the election and caused Hillary Clinton to lose to Trump. Clinton famously said “all roads lead to Russia.“
But the truth of the matter was quite different. Despite Trump seemingly adoration of Vladimir Putin as a strong man, American policy towards Russia was not completely friendly. The question now is what will Biden do?
The risk of nuclear war with Russia has been a grave concern since the cold war of the 1950s. Under Presidents Donald Trump and Barack Obama American nuclear policies were such that the threat of war including accidental war was never reduced. With Biden as president will this change? Will there be a restoration of nuclear treaties and a de-escalation.
Guest – Ray McGovern former CIA intelligence analyst, Ray briefed President George H. W. Bush every morning on intelligence matters, particularly with respect to Russia. He is a founder of VIPS, Veteran Intelligence Professionals for Sanity and a contributor to the blog Common Dreams.
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Civil Liberties, Human Rights, Human Trafficking, Political Prisoner, Prison Industry
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Joanne Page: The Fortune Society
Each year in the United States, more than 600,000 individuals are released from state and federal prisons. A staggering 6.9 million people are on probation, in jail, in prison, or on parole. On top of that, an additional nine million persons cycle through local jails.
As grim as these numbers are, more sobering is the fact that more than two-thirds of prisoners are rearrested within 3 years of their release. Half of those are reincarcerated.
Why is this recidivism rate so high? It has much to do with the failure of re-entry support programs. We have the world’s largest carceral state but no effective support system for people finishing their sentences and re-entering society. Consequently, crime rates soar, more individuals are victims of crime, families and communities suffer when we fail to deal with the consequences of over-incarceration. When reentry fails, the costs are high — more crime, more victims, and more pressure on already-strained state and municipal budgets. There is also more family distress and community instability. Community reintegration impacts several larger areas such as community health, education, employment, family relationships and housing.
In every aspect, failure to support recently released individuals is costly to society.
Guest – JoAnne Page is the President and CEO of the NY-based Fortune Society. Policymakers and researchers frequently cite the organization for its pioneering work. A graduate of Yale Law School, Page cultivated and created many of Fortune’s signature programs including substance abuse treatment, counseling, family services, HIV/AIDS health services, mental health programs, job training and employment services, parenting initiatives, and supportive and permanent housing. Page is a leading authority on issues including prison reform, solitary confinement, wrongful convictions, the over-incarceration of young men of color, sentencing reform, violence prevention, homeless housing, effective policing strategies, legislation, sex offender registries, and more.
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Alison Cornyn: The Incorrigibles
People in America are currently living through multiple crises. The economy is in tatters with unemployment very high. The health situation is a disaster with over a third of 1 million people dead from Covid and tens of millions uninsured.
The educational system has been ravaged, underfunded, inflicted with charter schools. Billionaire right-wing secretary of Education Betsy DeVos has only recently resigned. Almost half of the population is living in poverty. Families are in bad shape with suicides, drug addiction, and divorces soaring. Many don’t have enough food and homelessness is rapidly increasing. All this within the framework of a divided society, deeply impacted by racism.
How does this affect young people? And especially rebellious teenage girls? What laws apply to young people? How are they treated in a criminal justice system, historically and currently? What do we know about the level of abuse and neglect including sexual abuse?
Guest – Alison Cornyn, is a Brooklyn-based interdisciplinary artist, activist, and educator. She has focused her career on social justice issues. A special interest of Allison Cornyn’s has been the criminal justice system treatment of “wayward” teenage girls. She has focused her career on social justice issues and teaches in New York at the School of Visual Art’s Design for Social Innovation Program.
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