Civil Liberties, Civil Rights, Criminalizing Dissent, Human Rights, NSA Spying, Right To Dissent, Supreme Court, U.S. Militarism
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Encroaching Fascism In The United States
An American form of fascism is unfolding in our country. What exactly is it and what can we do to fight it?
We see a massive political effort to legitimatize and normalize white minority rule. Things are happening rapidly. A year ago our capital was attacked pursuant to a plan to reverse the results of the election. Soon the Supreme Court will likely overrule the almost 50 year precedent set by Roe v Wade on the question of a woman’s right to control her own body. Voting rights have been and will continue to be extremely restricted particularly in communities of color. Irrational and magical thinking has been legitimatized. More than 900 thousand people have unnecessarily died of Covid. There has developed in our country a culture of cruelty manifested by Trump, but initiated in CIA torture and detention camps for Muslim men and boys in Abu Ghraib and Guantánamo.
It didn’t start after 9/11 with the wars against Afghanistan and Iraq. It goes back further than that. America has been prosecuting wars abroad during our entire lifetimes. The provocations against Russia regarding NATO military encroachment on its borders are the latest chapter in almost continual and seemingly endless wars. A lesson of history since Greek and Roman times is that you can’t have imperialism abroad and democracy at home.
Guest – Professor Henry A. Giroux currently holds the McMaster University chair for a Scholarship in the Public Interest in the English and Cultural Studies Department. He has written many books, most recently The Public in Peril: Trump and the Menace of American Authoritarianism and American Nightmare: Facing the Challenge of Facism.
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The Inauthentic Opposition Within The Empire
The January 6th event last year was a peculiar kind of coup, not one that would install an authoritarian figure, but one that was designed to keep him in his job. It almost worked, but not quite. Trump had support but not enough in the right places. There wasn’t enough support for him in the military, the national security establishment, nor in the corporate elite, nor in the media. That doesn’t mean that we are out of danger.
We are seeing the success of a creeping homegrown Christianized form of fascism in our country. A particular American form. 150 million people live in red states. The far right has seized local politics. The majority of legislatures and the governorships in 22 states as compared to 15 by the Democrats. Thirteen are divided.
Nineteen states have passed voter suppression and voter nullification laws as documented by the Brennen Center at NYU School of Law. In the face of this the Democratic Party has been supine. They will not mobilize the American people. The late political philosopher Sheldon Wolin has called the Democratic Party “the Inauthentic Opposition.“ The Democrats function as a junior partner of the Republicans.
As Noam Chomsky has stated, the January 6 events show that the “limited political democracy that still exists is hanging by a delicate thread.“ The Republicans have rejected democratic, with a small “D”, politics. What are the reasons for The growth of Christian fascism? What might be in store for us? What is to be done?
Guest – Roger D. Harris is closely affiliated with the Task Force on the Americas and The US Peace Council. He is a leader of the California Peace and Freedom Party, the only socialist party in the state to hold ballot status.
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Censorship, Civil Liberties, Human Rights, Military Tribunal, Racist Police Violence, Right To Dissent, Truth to Power
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Kyle Rittenhouse got away with murder and the growing forces of violent reaction have been emboldened. Trump invited Rittenhouse to Mar-a-Lago and praised him as a “fine young man.” Street thuggery and violence against the opponents of his fascist party was the hallmark of Hitler’s rise to power. His goons, called Brown Shirts, smashed enemies on the left, trade unionist, and socialists. But Hitler always denied that he had any connection with the Brown Shirts, attempting to perpetuate an illusion that he respected the rule of law.
In 1931, two years before Hitler and the German fascists eventually took power, the courageous young German lawyer Hans Litten sued Hitler in Berlin. He put Hitler on the witness stand grilling him for three hours. He showed Hitler to be a liar. By contrast, and as a measure of how serious things have gotten in our country , Kyle Rittenhouse continues to be wildly praised by the right and the fascists, like the Proud Boys with whom he took publicity shots. They all have mobilized behind Rittenhouse. We rebroadcast what we believe to be two profound interviews on what fascism is and how to fight it.
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This is Not Populism : John Bellamy Foster
Is Trump a neofascist? Thoughtful analysts on the left like Cornell West, Noam Chomsky, and Judith Butler think he is. But mainstream liberal commentators refuse to associate the Trump phenomena with fascism. They call him a right wing populist. What is neofascism? Right wing Populism? Does it really matter what Trump is called? The great German playwright and political thinker who lived in Germany during Hitler’s reign, Berthold Brecht, asked in 1935: “How can anyone tell the truth about fascism, unless he’s willing to speak out against capitalism, which brings it fourth?” We speak today with John Bellamy Foster, the editor of the venerable magazine “Monthly Review”. He wrote the lead article in the current June 2017 issue titled “This Is Not Populism.”
Guest – John Bellamy Foster is editor of Monthly Review and professor of sociology at the University of Oregon. He has written widely on political economy and has established a reputation as a major environmental sociologist. He is the author of Marx’s Ecology: Materialism and Nature (2000), The Great Financial Crisis: Causes and Consequences (with Fred Magdoff, 2009), The Ecological Rift: Capitalism’s War on the Earth (with Brett Clark and Richard York, 2010), and The Theory of Monopoly Capitalism: An Elaboration of Marxian Political Economy (New Edition, 2014), among many others.
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Crossing Hitler: The Man Who Put the Nazis on the Witness Stand
Author Benjamin Hett outlines the fascinating and tragic story of a young lawyer Hans Litten in his recent book Crossing Hitler: The Man Who Put the Nazis on the Witness Stand. Before the Nazis rose to power in the early 1930s, they incited calculated violence among the working class in German taverns. Four Nazi stormtroopers were charged with firing randomly into a dance hall where a communist hiking club were holding a party. Three young men were wounded. Hans Litton was the advocate for the 3 men.
Hans Litten called Hitler to the witness stand to show that the Nazi party was a violent party, and by cross examining Hitler he tried to prove that. Litten forced Hitler to contradict himself, reducing him to humiliating rage that revealed his true intention. At that time, Hitler wanted to be a legal party in Germany and of course you couldn’t be a party that was extra-constitutional and legal but at the same time he didn’t want to disappoint the base of his party which was this violent working class aspect. Two years later, the Nazi Party rose to power.
What came after the Reichstag Fire was the arrest of about 5 thousand people across Germany who the Nazis have identified as opponents or potential opponents. Hans Litten was among them and sent to a concentration camp. Author Benjamin Hett describes a powerful narrative of Hans facing torture yet still telling stories and teaching art to other prisoners.
Hans Litten was born in 1903 in Halle in Central Germany, his father was a law professor and Jewish but converted to German evangelical (Lutheran).
Guest – Benjamin Hett, author of Crossing Hitler: The Man Who Put the Nazis on the Witness Stand. Hett is a former trial lawyer, and now Associate Professor of History at Hunter College.
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Civil Liberties, Right To Dissent, Truth to Power, Uncategorized, Whistleblowers
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Highlighting PETA Cases And Inherent Animal Protections
Each year, December 10 marks International Animal Rights Day to draw attention to the prevalent use and abuse of non-human animals. That’s the same day that Human Rights Day is observed, marking the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights.
Non-human animals are sentient. That means they have a capacity to experience feelings, and to be responsive to or conscious of sense impressions. Sentient beings experience emotions such as happiness, joy, and gratitude, as well as pain, suffering, and grief. Animal rights or animal welfare activists urge society to stop thinking of animals as human property and as companions rather than pets. They urge abstention from all animal use, including meat, leather, milk, wool and silk, while also calling for an end to experimentation on animals. Other efforts include seeking an end to using animals for laboratory experimentation and for sporting events and entertainment.
Scientists at People for the Ethical Treatment of Animals, or PETA, have written an authoritative report from dozens of studies, some funded by the National Institutes of Health, that show sentience across the animal kingdom. It compiles evidence from dozens of studies—some funded by the federal National Institutes of Health—that show sentience across the animal kingdom. The report concludes that because other animals experience emotions as humans do, it is unethical to subject them to the trauma and emotional distress of experimentation.
Guest – Asher Smith is Director of Litigation at the PETA Foundation. He has helped secure the rescue of 25 big cats from roadside zoos featured in the Netflix series Tiger King. More recently he has focused on freeing 30 barn owls from a laboratory at Johns Hopkins University.
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.
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More PETA Cases, Speciesism and Long Range Animal Protection
With more than 9 million members and supporters worldwide, People for the Ethical Treatment of Animals (PETA) is the largest animal rights organization in the world. It opposes speciesism, the human-held belief that all other animal species are inferior. PETA’s work encompasses four areas in which animals have been suffering the most intensely and over the longest periods of time. They are in research laboratories, the food industry, the clothing trade, and the entertainment business. PETA conducts public education, investigative news gathering and reporting, research, animal rescue, legislation, and protest campaigns.
Guest – Jared Goodman, PETA Foundation Vice President and Deputy General Counsel for Animal Law. He describes what speciesism is and how it has informed PETA’s work since its founding in 1980.
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Censorship, Civil Liberties, Civil Rights, Gaza, Guantanamo, Habeas Corpus, Human Rights, Impeachment, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Racist Police Violence, Right To Dissent, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, U.S. Militarism, Violations of U.S. and International Law, War Resister, Whistleblowers
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Moving The Bar: My Life As A Radical Lawyer
Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.
Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.
– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law
Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.
– Attorney Bill Goodman
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Civil Liberties, Civil Rights, Criminalizing Dissent, Human Rights, Right To Dissent, Supreme Court, Truth to Power
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Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America
The spectacle of President Donald Trump and the palace intrigue in the White House has served daily to distract people from the political strategy and accomplishments of the radical right, which is taking over the Republican Party.
Over time, the GOP has been transformed into operation conducting a concerted effort to curb democratic rule in favor of capitalist interests in every branch of government, whatever the consequences. It is marching ever closer to the ultimate goal of reshaping the Constitution to protect monied interests. This gradual take over of a major political party happened steadily, over several decades, and often in plain sight.
Duke University Professor Nancy MacLean exposes the architecture of this change and it’s ultimate aim. She has written that “both my research and my observations as a citizen lead me to believe American democracy is in peril”.
Guest – Professor Nancy MacLean, whose new book, Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, has been described by Publishers Weekly as “a thoroughly researched and gripping narrative… [and] a feat of American intellectual and political history.” Booklist called it “perhaps the best explanation to date of the roots of the political divide that threatens to irrevocably alter American government.” The author of four other books, including Freedom is Not Enough: The Opening of the American Workplace (2006) called by the Chicago Tribune “contemporary history at its best,” and Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan,named a New York Times “noteworthy” book of 1994, MacLean is the William H. Chafe Professor of History and Public Policy.
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The Federalist Society: Shifting the U.S. Legal Landscape to the Right
With the recent nomination of conservative attorney Brett Kavanaugh to replace Justice Anthony Kennedy, the United States Supreme Court will have a majority of authoritarian anti-democratic jurists who support a powerful executive. At the same time, Donald Trump has wasted no time in appointing more conservatives to federal judgeships.
More and more we’re hearing that the once little-known Federalist Society is behind these appointments. But it’s now a new development. The Society was formed at Yale University in 1981, and has steadily and quietly been placing its lawyer members in positions of power in the government and judiciary.
In their 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, attorneys Michael Avery and Danielle McLaughlin track the movements of this small group of conservative law students and lawyers and their increasing influence. The Federalist Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Members include economic conservatives, social conservatives, Christian conservatives, and libertarians. One of the things that has made the Federalist Society so very effective is their big picture agenda. While they may have differences of opinion on a range of issues, they have successfully put those aside to advance a far-reaching, long-lasting, and broad conservative agenda. Their agenda is chipping away at social gains made since the 1930s. Medicare and Medicaid and Social Security are on the block. So is Roe v. Wage. Citizen United, holding that corporations are persons and money is free speech, and the union-breaking Janus decision are just the beginning. Other attacks on democracy include voter suppression, voter ID laws, and gerrymandering.
Guest – Attorney Michael Avery, the former president of the National Lawyers Guild, and is an expert in the areas of constitutional law and police misconduct.
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CIA Sponsored Terror, Civil Liberties, Civil Rights, Habeas Corpus, Human Rights, Political Prisoner, Right To Dissent, Truth to Power, Violations of U.S. and International Law, War Resister, Whistleblowers
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- Alarming Growth In Urban Homeless: Commentary by Attorney Jim Lafferty
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Judge Rules Attorney Donziger Guilty of Six Contempt Charges; Faces Jail Time
Steven Donziger, who listeners will recall has been embroiled in a decades long fight against Chevron over their pollution in the Amazon rainforest the size of Rhode Island, was found guilty this July of criminal contempt by US district judge Loretta Preska. She ruled that Steven was guilty of six contempt charges for refusing to turn over evidence in a complex legal case that has pitted the lawyer directly against Chevron.
In a 245-page judgement, Judge Preska said Steven had “repeatedly and willfully” defied court orders adding that “it’s time to pay the piper,” with Steven facing six months in jail.
It has now been two years since Steven has been wearing a monitoring bracelet and under house arrests in his NYC home. He said he expected the decision and will appeal.
In 2016, US judge Lewis Kaplan granted Chevron seizure of the lawyer’s laptop and phone. When Steven appealed, he was slapped with the contempt charges and placed under house arrest.
Judge Preska’s judgment explicitly denies the lawyer has been the victim of a conspiracy, however. “Contrary to Mr Donziger’s assertion that his conviction was ‘pre-ordained’, the court finds him guilty on each count for one reason and one reason only: Mr Donziger did that with which he is charged. Period,” she wrote.
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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Samuel Moyn’s Unprincipled Attack on Human Rights Giant Michael Ratner is Shameful
A controversy was ignited two weeks ago when the New York Review of Books published an article by Yale Law Professor Samuel Moyn. The article singled out human rights attorney Michael Ratner, the cofounder of Law Disorder Radio. Ratner was the longtime president of the Center for Constitution Rights. He died five years ago. Professor Moyn uses him as a whipping boy to support his bizarre theory that punishing war crimes prolonged the wars in the Middle East by making them more palatable.
Professor Moyn disingenuously claims that enforcing the conventions against torture and opposing illegal war are mutually exclusive.
Moyn’s book Humane: How the United States abandoned Peace and Reinvented War was recently published. It was a chapter from this book that appeared in the New York Review of Books. Moyn makes the false and astonishing claim that “no one perhaps has done more than Ratner to enable a novel sanitize version of permanent war.”
Moyn wrote that Ratner and the CCR prolonged the Middle Eastern wars by suing the Bush- Cheney administration to stop them from abolishing the right of habeas corpus for Muslims the American government had imprisoned on its offshore prison in Guantánamo. The right of habeas corpus is ancient. It allows for a person held by the government to be informed of the charges against him, to be allowed to have a lawyer, and to be given a trial.
Guest – Marjorie Cohn, former criminal law defense attorney and professor emeritus at the Thomas Jefferson school of Law. She was the past president of the National Lawyer Guild and is a member of the bureau of the International Association of Democratic Lawyers. Professor Cohn has published four books about the war on terror. Last week she had published an article in the prestigious online magazine Jurist titled Samuel Moyn’s Unprincipled Attack on Human Rights Giant Michael Ratner is Shameful.
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