CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Torture, Truth to Power
Podcast: Play in new window | Download
Attorney Marjorie Cohn: Trump, Assange, Democracy And Rule of Law
Without democracy and the rule of law there can be no significant social change. However, much democracy was constricted by race and class before the attacks on September 11, 2001 and before Trump, democracy and the rule of law are now facing lethal attacks on many fronts.
Trump has successfully put 198 young, reactionary, and some ignorant judges on the federal bench. He has illegally called out troops to violently disperse peaceful protesters in the park in front of the White House. Trump has threatened the personnel of the International Criminal Court who are attempting to investigate US war crimes in Iraq and Afghanistan. These include the crime of torture. These crimes, perpetrated under the Bush administration, went unprosecuted by President Obama who infamously said “we must look forward not backward.”
Trump’s Justice Department is pursuing and attempting to extradite truth telling whistle blowing journalist Julian Assange who 10 years ago released the “collateral murder” video showing the commission of American war crimes in Iraq, among other embarrassing information. Assange is confined in London’s Belmarsh prison. He is sick, in solitary, and has been psychologically tortured. He faces 175 years in prison in the United States if convicted under the old Espionage Act for activities protected by the first amendment.
Guest – Attorney Marjorie Cohn, professor emerita at the Thomas Jefferson School of Law where she taught for 25 years. She is a former president of the National Lawyers Guild, a criminal defense attorney, a legal scholar, and a political analyst. She 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 at the prestigious Oxford Union.
——————————-
——————————-
CIA Sponsored Terror, Civil Liberties, Human Rights, NSA Spying, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Truth to Power
Podcast: Play in new window | Download
Police Unions Are Racist Power Brokers in Opposition to Movement for Black Lives
When they commit violence against civilians, abusive police in the United States are protected in various ways. The power elite, whose property police protect, have given them almost complete legal immunity from successful lawsuits for damages under the doctrine of qualified immunity. When a cop has illegally hurt someone he or she can count on what’s known as – the blue wall of silence – knowing that a fellow officer will not contradict their defense.
What is the role of police unions regarding the protection of police who have abused and even murdered citizens? Police unions act as power brokers in opposition to the rights of victimized citizens. They provide legal defense funds, public relations, and political pressure in defense of abusive cops. And they are a very powerful force in these respects.
The US Congressman from Chicago Bobby Rush has recently said that the Chicago police union, the Fraternal Order of Police, is “the number one cause that prevents police accountability, that protects police corruption, that protects police lawlessness. They are the organized guardians of continuous police lawlessness, police murder, and police brutality. They are the most rabid, racist body of criminal lawlessness in the land and stand shoulder to shoulder with the KKK then and the KKK now.”
Guest – Attorney G. Flint Taylor is a founding partner of the People Law Office in Chicago starting out over 50 years ago representing the family of Black Panther leader Fred Hampton, Who was assassinated by the Chicago Police Department with the help of the FBI. He has represented numerous police torture survivors during the past 33 years. Taylor was one of the lawyers involved in the struggle for reparations and has chronicled the decade long fight against Chicago police torture in his award-winning book “The Torture Machine : Racism and Violence in Chicago.
—-
First Amendment Auditor: Big Nick South Florida Accountability
Most of the populace, some police officers and federal employees may not realize that its every photographers right to take photos and video of federal buildings on public property. The easing of restrictions began when the New York Civil Liberties Union had looked into several cases of people who were wrongly harassed, detained and arrested by federal agents while photographing or shooting video of federal buildings from public plazas and sidewalks.
In 2010, the NYCLU brought a suit against the US Department of Homeland Security in federal court to end this practice. In October of 2010, a judge actually signed a settlement where the US government agreed that no federal statures or regulations bar people from photographing the exterior of federal buildings.
The US government agreed to issue a directive to members of the Federal Protective Service on photographer’s rights. A decade later, the rights attained in this decision are recently being put to the test in what’s known as First Amendment audits.
Guest – Nick Freeman – First Amendment Auditor with millions in view counts joins us to talk about his work in Fort Lauderdale being part of a long emerging trend to educate local law enforcement about the right to photography and subsequent issues such as police accountability.
——————————-
——————————-
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Prison Industry, Supreme Court, Surveillance, Truth to Power
Podcast: Play in new window | Download
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.
—-
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.
——————————————
——————————————
CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Truth to Power
Podcast: Play in new window | Download
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
—-
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
—-
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.
————————
————————
Civil Liberties, Habeas Corpus, Human Rights, NSA Spying, Supreme Court, Surveillance, Truth to Power
Podcast: Play in new window | Download
Update:
- Hosts Discuss Civil Liberties Amid Pandemic
—-
United States Executive Authority Declares Emergency Powers
The last point President Trump’s former attorney Michael Cohen made when he testified last year before Congress was that Trump would never leave office voluntarily. With the pandemic of Covid-19 virus upon us, Trump has the perfect excuse. Last week he declared a state of national emergency. This gives him more than 100 additional powers. He can shut down the Internet, he has already banned gatherings of more than 10 people, and he can send in troops anywhere in the country.
What is the current state of our civil rights and civil liberties?
Guest – Stephen Rohde is a constitutional scholar, lecturer, writer, political activist and retired civil rights lawyer. He is a former President of the ACLU of Southern California and Chair of the ACLU Foundation of Southern California. Mr Rohde has served on the Board of Directors of Death Penalty Focus and was a founder and Chair of Interfaith Communities United for Justice and Peace. He is a past chair of Bend the Arc: a Jewish Partnership for Justice. Mr. Rohde is the author of two books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly, and co-author of Foundations of Freedom: A Living History of Our Bill of Rights. He has written for American Prospect, Truth Out, Huffington Post, and the LA Times and is a frequent contributor to the Los Angeles Review of Books
—-
United States Executive Authority in Declaring Emergency Powers
U.S. presidents have the discretion to declare a “national emergency.” As soon as he does, he can sidestep many existing limits to presidential authority. In fact, 100 or more special provisions become available to him. Some provide reasonable responses to real emergencies, while others seem to bolster the power of a so-called unitary executive who wants to amassing or retain power. The president can activate laws allowing him to, for example, shut down many kinds of electronic communications inside the U.S. or to freeze Americans’ bank accounts. Other powers are available without a declaration of emergency, including laws that allow the president to deploy troops inside the country to subdue domestic unrest.
The rationale for having emergency powers is simple: The government’s ordinary powers may not be enough in times of crisis, and amending the laws to provide greater ones would take too long. Emergency powers are intended to give a temporary boost until the emergency passes or there is time to change the law through the regular legislative process. The problem comes when presidents don’t have the best interest of the country in mind.
Guest – Andrew Boyd, Counsel in the Brennan Center’s Liberty and National Security Program. Andrew spent 7 years prosecuting senior Khmer Rouge leaders on behalf of the UN for war crimes, crimes against humanity and genocide. He also worked on cases resulting from the 1994 Rwandan genocide at the International Criminal Tribunal for Rwanda.
————————————————
————————————————
CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Prison Industry, Supreme Court, Surveillance, Torture, Truth to Power
Podcast: Play in new window | Download
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
——————————–
——————————–
