CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Prison Industry, Supreme Court, Surveillance, Truth to Power
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Update: U.S. Judge Sides With Chevron, Blocks $9.5 Billion Judgement
What the Chevron oil company is doing to environmental and human rights attorney Steven Donziger is a cautionary tale. Donziger has been under house arrest in New York City wearing an ankle bracelet for the last 10 months. He’s charged with contempt of court for refusing to turn over confidential material on his computer to Chevron’s lawyers. He. goes to trial in September where he is likely to be convicted by a hostile judge.
Donzinger bravely and skillfully succeeded in obtaining a 9 1/2 billion dollar judgment against Chevron. This oil giant company is the epitome of a ruling class institution with its origins in the Rockefeller family. Chevron bought Texaco, which had polluted an area the size of Rhode Island in the Ecuadorian Amazon region. The indigenous people there are plagued with cancer. Five tribes are affected. It’ll cost at least 9 billion to clean up the area. Chevron refuses to pay it and instead has spent over $2 billion in resisting the lawsuit and victimizing Donziger.
Top Federal Judge Louis A. Kaplan of New York‘s Southern District has presided over the case in America where Donziger is seeking to enforce the judgment.
Judge Kaplan has shown pronounced favoritism towards Chevron throughout the progress of the case. Kaplan made public comments about Chevron’s importance to the global economy, expressed skepticism about the Ecuadorian judgment due to what he called the “socialist government” of Raphael Correa, and held investments in multiple funds with Chevron holdings at the time of his rulings.
The Chevron case is the most important environmental and corporate responsibility case of our time.
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.
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The Cooperating Witness: Attorney Michael Avery
As summer begins in the time of COVID-19, many people are returning to or discovering the age-old pleasure of reading. With that in mind, Law & Disorder is delighted to recommend our first thriller read. One of our longtime legal expert guests, civil rights attorney Mike Avery, has written The Cooperating Witness. While Mike has been writing for decades, this is his first nonfiction book. As prestigious as are his other titles—one on the Federalist Society, others on legal topics such as the laws of evidence in Massachusetts—The Cooperating Witness is sure to have far greater appeal to our listeners.
The book starts by introducing readers to Susan Sorella, a law student at Suffolk Law School where Mike used to teach. From the start we learn that Susan is no ordinary student. As she waits on tables at her father’s restaurant in Boston’s North End, the head of the local mob pays her a surprise visit. He is just one of several shady characters Susan will encounter on her quest to help a jaded defense attorney save an innocent man charged with killing the mob’s accountant.
Guest – Mike Avery is a civil rights lawyer. He’s has defended victims of police abuse and racial and sexual discrimination in the last four decades. He has served as the President of the National Lawyers Guild, and the National Police Accountability Project. He co-authored The Federalist Society: How Conservatives Took the Law Back from Liberals, which we have covered on Law and Disorder.
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CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Truth to Power
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Hosts Updates
- Chronic Underlying Conditions: Vunerability To Covid-19
- 10,239 Elderly Prisoners in New York State – Governor Cuomo’s Office – 518-474-8390
- FOIA Suspended
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Abuse Of Emergency Powers, The U.S. Constitution And Habeas Corpus
The Department of Justice is now seeking to exploit the coronavirus calamity to get Congress to give it permission to pick up and detain people indefinitely.
At this point the American people have a constitutional right, if arrested, to be brought before a judge and informed of the charges against them so that they may defend themselves. This is known as the right of habeas corpus. It is a right that has its origins in the Magna Carta, the great charter, a British law that goes back to the 13th century. The right of habeas corpus is written into the American Constitution and can only be suspended by Congress.
Historically both the American and the German fascist government led by Adolf Hitler have used crises and the fear that crises generate in the population to expand their powers.
Abraham Lincoln suspended habeas corpus during the Civil War. FDR put 110,000 American citizens of Japanese origin into concentration camps during World War II.
In Germany, Adolph Hitler, who was legally appointed chancellor, used the shock of the Reichstag fire, which had burned down the German parliament, to get his Enabling Law passed. This enabled Hitler, with the support of German big business, to make laws on his own, bypassing the legislature.
What dangers do we face with Donald Trump as president? What does it mean to suspend the right of habeas corpus for the American citizens who oppose Trump and his big business backers.
Defend.Wikileaks.org
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 writes weekly articles for Truth out in the series Human Rights and Global Wrongs. She is currently taking a leading role in the defense of Julian Assange. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. MarjorieCohn
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The Religious South, and Religious Exemptions to Public Health Directives
Last week sheriffs arrested Rodney Howard-Browne, the head of the River at Tampa Bay church in Florida for ignoring local orders against mass gatherings due to the COVID-19 pandemic and for showing “reckless disregard for human life.”
Hillsborough County Sheriff Chad Chronister said he had no choice but to take action against the pastor. “His reckless disregard for human life put hundreds of people from his congregation at risk and thousands of residents who may interact with them this week.” The Sheriff said his office had direct contact with the church, telling it not to pack its pews. Instead he said, the Pastor was encouraging his large congregation to meet at his church.”
Howard-Browne said his church has an absolute, constitutional right to gather for worship. He told his congregation that the church is an essential service.
But religious exemptions during the pandemic will only worsen it and claim more lives. Yet that’s precisely what government officials are doing—ignoring public health warnings and refusing to call on houses of worship to close. Establishing religious exemptions—in this case, by freeing houses of worship from public health order compliance—will only result in more cases of COVID-19 and greater numbers of death cases.
Guest – Attorney David Gespass is a former president of the National Lawyers Guild. He practices law in Birmingham, Alabama.
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CIA Sponsored Terror, Civil Liberties, Human Rights, Prison Industry, Surveillance, Truth to Power
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Now Is The Time To Fundamentally Transform America
Doug Henwood wrote in a Jacobin magazine article last week that “. . . things could get very ugly, but it is also an opportunity to emerge from this crisis a better country.“
In his article Henwood articulates a vision, “a vision of solidarity and mutual care.“ He believes that millions of lives depend on that. LBO-News.com
Guest – Doug Henwood, his fields of expertise are politics, economics, and finance. He is the publisher of “The Left Business Observer.” Henwood has written four books. His articles have appeared in “The Nation”. the “Los Angeles Times, and “the Guardian“. He hosts the radio show Behind the News each week on the Pacifica station KPFA in Berkeley.
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Aging Prisoners And Prisoner Release During Pandemic
Last week, New York City jails were among the country’s most infected by the virus so far, with at least 38 people testing positive at Rikers Island. Another inmate, became the first in the country to test positive in a federal jail.
In a letter to New York’s criminal justice leaders, Board of Correction interim chairperson Jacqueline Sherman described a jail system in crisis. She said that 12 Department of Correction employees, 5 Correctional Health Services employees, and 21 people in custody at Rikers and city jails had tested positive for the coronavirus.
And at least another 58 were being monitored in the prison’s contagious disease and quarantine units, she said. Across the nation, several large county and municipal jurisdictions have freed thousands of low-risk inmates from jails, including seniors and those in poor health.
New Jersey plans to release as many as a thousand people from county jails, including inmates jailed for probation violations and those sentenced for low-level offenses. Mayor Bill de Blasio said last week that New York City may release more than 200 inmates. Los Angeles County and Ohio’s Cuyahoga County also have released prisoners.
Prisoner advocacy groups in more than a half-dozen states, including Texas, New York, Illinois, Pennsylvania, Indiana and Michigan, continue to urge governors to release state prisoners, especially elderly inmates, through compassionate release or medical furlough.
Guest – Victor Pate, the New York statewide organizer for the Halt Solitary campaign. That stands for humane alternative to long-term isolated confinement.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Prison Industry, Supreme Court, Surveillance, Torture, Truth to Power
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Basic Legal Rights For Animals: Activists and Advocates
Discussions over whether animals are sentient beings, capable of feeling pain, pleasure or suffering, date back as far as ancient thinkers such as Plutarch, Hippocrates and Pythagoras. They all advocated for the fair treatment of animals. The term animal rights stands for the proposition that non-human animals have the right to be treated, not as property, but rather as the individuals they are, with their own desires and needs.
Animal law is now widely taught in law schools across North America. There are 167 law schools in the U.S. and Canada, and 11 in Australia and New Zealand, teaching courses in animal law. Several legal scholars support extending basic legal rights and to personhood to non-human animals.
Critics of animal rights argue that nonhuman animals are unable to enter into a social contract, and thus cannot have rights. Another argument is that animals may be used as resources as long as they don’t undergo unnecessary suffering.
Certain forms of animal rights activism, such as the destruction of fur farms and animal labs by the ALF or Animal Liberation Front, have also attracted criticism, and prompted Congressional reaction by enacting of harsh laws allowing these activities to be prosecuted as terrorism. These laws include the Animal Enterprise Terrorism Act.
Guest – Attorney Tamara Bedic, chairperson of the National Lawyers Guild Animal Rights Project. She is a graduate of the University of Virginia School of Law and a masters degree from Columbia University-NY University. Tamara practices employment law with a focus on women and harassment in the workplace.
Guest – Phillip Murphy, Philip Murphy is a writer and social justice activist based in the Greater New York City area. He is a co-founder of the Buddhist Action Coalition NYC, a pan-Buddhist social justice organization, and is also a co-founder of the New York chapter of UK-based Animal Rebellion, a global climate and animal justice movement. His recent article, Why Animal Justice is Crucial in Addressing the Climate Emergency was published at the independent global media platform openDemocracy.net. SHAC 7 Documentary
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Cuba, Guantanamo, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Surveillance, Truth to Power
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- Michael Smith and Guest Host Natasha Bannan Discuss 61st Anniversary of Cuban Revolution
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Venezuelan Embassy Protectors Could Face Fines And Prison
The first week of January 2020 marks the 61st anniversary of the Cuban revolution. The Cuban people now have some of the best healthcare in the world, free education through college, adequate housing, and a high-level of culture.
The attitude of the American government has been one of almost unrelieved hostility including violence and an ongoing economic, financial, and commercial blockade.
Unable to reverse the Cuban revolution United States sought from the beginning to contain its influence. From the 1960s the governments of Chile, Argentina, Bolivia, Brazil, the Dominican Republic, Uruguay and recently Bolivia were overthrown by American sponsored coups because of their friendly position towards Cuba. As of today the Venezuelan government is being targeted by the United States.
In violation of international law in May of 2019, the United States government attempted but failed to overthrow the democratically elected government of Nicolas Madura in Venezuela.
The United States had at that time attempted to install Juan Guida as the president of Venezuela and Guida’s right wing supporters attempted to take over the Venezuelan embassy in Washington DC. Under international law, the embassy is the property of Venezuelan government and is considered untouchable.
A number of Americans, known as the Embassy Protectors, moved in to the embassy to prevent its hostile takeover. The State Department, Secret Service, and the Metropolitan Police force laid seize to the embassy. Electricity and water were cut off. No food was allowed in.
Although the coup against the Maduro government failed the Embassy Protectors were arrested when the US government raided the Venezuelan embassy. Four of the protectors including today’s Law And Disorder guest Attorney Kevin Zeese were arrested and face trial. If convicted they could be fined up to $250,000 and given a one year prison term. Embassy Protectors
Guest – Kevin Zeese is a US lawyer and political activist. He helped organize the 2011 Occupy encampment in Washington DC. Kevin Zeese is currently the co-director of The Organization Popular Resistance.
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U.S. Anti-Immigration and Just Futures Law
Anti-immigrant discourse and policy has defined a large part of the Trump Administration since 2016. We take a look into attacks against immigrants in the United States and related rule making in the last few months.
Guest – Paromita Shah is the Executive Director of Just Futures Law, a new movement lawyering organization dedicated to ending the deportation and mass incarceration industrial complexes. Paromita has spent over 20 years in providing innovative legal and advocacy support to lawyers and legal advocates, grassroots groups and organizers, in the fight against criminalization and immigration enforcement. She has worked to support immigrant communities impacted by policing and immigration enforcement and has worked on issues like immigration detainers, gangs, and technology surveillance.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Truth to Power, War Resister
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President Donald Trump, Ukraine, The Bidens And Impeachment
The late critic of American politics Gore Vidal often referred to the United States as the United States of amnesia. Even though it was only five years ago in 2014 that the Obama-Biden administration spent $5 billion to help overthrow the democratically elected government of the Ukraine, this fact is omitted in the mainstream press’ coverage of the current Ukraingate impeachment inquiry that the Democratic Party is conducting in the House of Representatives.
The purpose of the American sponsored overthrow of Ukrainian government it is thought by some observers, was to open up the natural resources of the rich Ukraine to American economic interests and secondly to incorporate the Ukraine into the North American Treaty Organization, the military alliance headed by the USA, which sought to further surround Russia militarily on its western border.
After the overthrow, with Joe Biden as then Vice President, his son Hunter got a position on the Board of Directors of Berksema, the large Ukrainian national gas company. Although he knew nothing about the workings of the gas industry Hunter Biden was paid $600,000 a year.
This is the background to President Donald Trump‘s now famous call to the president of the Ukraine asking him to investigate the Bidens. It has been alleged by the Democrats, but not proven, that Trump withheld $400,000,000 American dollars to purchase American weapons until Ukrainian president Zelensky announced a corruption investigation.
Guest – Aaron Maté is a contributing editor at the nation magazine and has the new Internet show Pushback on The Gray Zone. He won the 2019 Izzy Award for achievement in independent media for his coverage of Russiagate.
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The Assassination of Fred Hampton: How the FBI and the Chicago Police Murdered A Black Panther
Around 7AM, 50 years ago on December 4, 1969, attorney Jeff Haas was in a police lockup in Chicago, interviewing the fiancée of Fred Hampton. She was telling him how the police pulled her from the room as Fred Hampton lay unconscious on their bed. She heard one officer say, “He’s still alive.” She then heard two shots. A second officer said, “He’s good and dead now.” She looks at Jeff and asked, “What can you do?”
The Assassination of Fred Hampton: How the FBI and the Chicago Police
Murdered a Black Panther is Haas’s personal account of how he and People’s Law Office partner Flint Taylor went after Hampton’s assassins, and ultimately prevailed over unlimited government resources and an FBI conspiracy. His book isn’t just a story of justice delivered, it also portrays Hampton in a new light as a dynamic community leader and an inspiration in the fight against injustice.
Guest – Jeff Haas is a longtime member of the National Lawyers Guild who has dedicated his career to working for justice. In 1969 he and three other lawyers set up the Peoples Law Office in Chicago, whose clients included the Black Panthers, SDS, and other political activists. Haas went on to handle cases involving prisoners’ rights, police torture, and the wrongfully accused. He lives in Santa Fe, New Mexico, with his wife and children and continues to represent victims of police brutality.
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