Law and Disorder February 24, 2020

In Defense Of Julian Assange: Attorney Renata Avila

We continue our ongoing coverage of Wikileaks founder Julian Assange, who remains in confinement at London’s high-security Belmarsh prison. Julian is fighting extradition to the United States on 18 charges, including violating the Espionage Act and conspiring to hack government computers. As listeners will recall, the charges are in connection with Wikileaks’ release of thousands of secret cables in 2010.

Guest – Renata Avila, a member of the Julian Assange legal team. Renata is an international Human Rights lawyer from Guatemala, specializing in preserving human rights during the next wave of tech challenges. She is a Board member for Creative Commons, the Common Action Forum and is a Global Trustee of the Think Tank Digital Future Society. She is also a member of the WEF’s Global Future Council on Human Rights and Technology and a Steering Committee Member of the Information Society Advisory Council for the Organization for Economic Co-operation and Development.

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The Prosecution of Julian Assange – CUNY School of Law and UCLA

We listen to two presentations from a panel discussion among leading journalists, attorneys and human rights defenders as the extradition trial in London of WikiLeaks founder Julian Assange is set to begin.

The first speaker is lead attorney Barry Pollack representing Julian Assange speaking at The Prosecution of Julian Assange forum at UCLA.

We then hear from Glen Ford speaking at the CUNY School of Law, Glen is the Executive editor, Black Agenda Report.  He’s a broadcast, print and web pioneer and founding member of the Washington chapter of the National Association of Black Journalists.

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Law and Disorder February 3, 2020

Attorneys-Activists Supporting The Defense of Julian Assange

A recent Washington Post op-ed by NSA whistleblower Edward Snowden connected Brazilian prosecutors’ recent decision to file charges against American investigative journalist Glenn Greenwald with the U.S. government’s efforts to prosecute WikiLeaks founder Julian Assange.

Snowden wrote, in part, “The most essential journalism of every era is precisely that which a government attempts to silence. These prosecutions demonstrate that they are ready to stop the presses—if they can.”

Snowden is among many who have spoken out since Greenwald was charged with cybercrime on January 21. Members of the press and human rights advocates have called his prosecution an attempt to intimidate and retaliate against him and The Intercept for critical reporting” about officials in Brazilian President Bolsonaro’s government.

Both Snowden and Greenwald serve on the board of the Freedom of the Press Foundation. Listeners will recall that Greenwald is one of the journalists to whom Snowden leaked classified materials in 2013.

Snowden, who has lived with asylum protection in Russia since 2013, noted that although even some of Greenwald’s critics have recently supported him, Julian has not experienced such solidarity. The Courage Foundation, though, is advocating on his behalf and running his defense fund as he languishes in a London prison, under conditions that have raised global alarm, while he fights against extradition to the United States. DefendWikileaks.org

Guest – Attorney  Debbie Hrbek, founder of Hrbek Law, is working other legal organizations in the defense of Julian Assange. Hrbek Law represents creative professionals, entrepreneurs and artists, including independent labels, writers and managers.

Guest – NYC attorney Nathan Fuller, Executive Director of the Courage Foundation

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Senate Impeachment Trial Analysis

The Democrats appear to have failed in their effort to remove President Donald Trump from office. The Republicans hold a 53 to 47 majority in the Senate, which is trying Trump. A joke going around is that even if Trump shot a senator on the Senate floor he would still win acquittal by a vote of 53 to 47, unless he shot a Republican. Then the vote would be 52 to 47

Trump was charged with withholding congressionally approved military aid to the Ukraine and trying to enlist help from the president of the Ukraine if he, the Ukrainian president, announced a corruption investigation of Joe Biden.

Secondly, Trump is charged with obstruction of justice because of Trump’s not cooperating with the Democratic Party investigation. The Democrats went after Trump on the narrowest of grounds. Trump’s corruption and war crimes were ignored. Trump’s lawyers defended him on the grounds that even if true he did nothing wrong. Then they asserted that a sitting president can block witnesses at his own impeachment trial, an authoritarian notion that destroys the checks and balances system of our constitution.

The failure of the Democrats to impeach Trump will certainly benefit Trump in the upcoming election.

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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Law and Disorder January 27, 2020

The Founding Myth: Why Christian Nationalism is Un-American

The men who wrote United States Constitution and the first Ten Amendments to it known as the Bill of Rights were mostly not Christians. America was not created as a Christian country. That is a myth. Nor was it founded on Judeo Christian principles. This is another myth. The founding fathers were deists. They were products of the enlightenment. They did not believe in a god that played any role in human affairs. They understood from European history the terrible consequences of not separating church and state.

Today’s Christian nationalists, evangelicals who are in truth white nationalists, are relentless in their attempts to tear down the wall of separation between church and state guaranteed by the first amendment. They want a theocracy where their fundamentalist religion rule us. These people have substantial political power. They are much of Trump’s base.

Guest – Attorney Andrew Seidel, a Constitutional litigator with the Freedom From Religion Foundation and the author of the just published book The Founding Myth: Why Christian Nationalism is Un-American.

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United States Supreme Court Cases Roundup

The Supreme Court is poised to hear several highly charged disputes as the justices return to the bench in 2020. It promises to be one of the most politically volatile terms in recent memory.

Since October, when the term opened, the court has heard high-profile disputes over LGBT rights in the workplace, the scope of the Second Amendment, and the deportation status of nearly 700,000 young undocumented immigrants.

The remaining cases on the court’s docket are equally explosive. The justices will confront novel separation of powers questions, including whether to release to investigators the financial records of Donald Trump. The Court will be asked to draw new lines between church and state. And for the first time since Trump’s two nominees joined the court, the justices will hear a case on abortion. profvwolfe.com

Guest – Attorney Zachary Wolfe teaches writing at George Washington University in Washington D.C., before which he worked at the Partnership for Civil Justice Fund. Zak is the editor of Farnsworth on Contracts and author of Hate Crimes Law.

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Law and Disorder January 20, 2020

Human Rights Attorney Michael Tigar

As we enter into the new decade we look back at where we have been, legally speaking, and where we are headed.

2020 began with President Donald Trump illegally and recklessly ordering the assassination of top Iranian general Qassem Suleimani who was on a peace mission in Iraq at the time he was killed by a US drone.

Although assassination has been secretly used by the US government since the formation of the CIA in 1947, Barack Obama, Trump’s predecessor, began the illegal extra-judicial open assassination of people in what was called “targeted killings.“ This included American citizens.

With regard to deportations, the Obama administration set a record by deporting more than 3 million people. Trump has continued massive deportations but also has illegally frustrated and prevented people fleeing political repression from seeking asylum in America, separating children from families and caging them in a process that continues.

The Authorization for the Use of Military Force was voted on shortly after 9/11 to justify the bombing and invasion of Afghanistan. The AUMF has been used illegally to justify the presence of American troops in the Middle East since then. It was recently renewed.

The Patriot Act has also been renewed, allowing for massive US government surveillance of American citizens in the illegal derogation of their Fourth Amendment right to privacy democratic rights and the rule of law are in obvious, unprecedented, serious jeopardy.

Truth telling whistle blowing Australian journalist Julian Assange, in the most important first amendment civil liberty case, is about to be extradited from London to Virginia where he faces espionage charges. The issue is his right to be a journalist and our right to know. If convicted he will go to prison for life destroying investigative journalism in areas the government deems “national security.“

The peoples’ constitutional right to impeach a president is also in jeopardy. The Democratic party’s attempt to remove Donald Trump from office is sure to fail because of Trump and the Republicans’ refusal to honor the constitution and allow for a fair trial in the Senate.

Trump has appointed hundreds of reactionary judges to the federal trial and appellate benches. A woman’s right to control her own body, decided in the famous case of “Roe vs Wade”, will be decided by the Supreme Court whose ranks have been bolstered by two additional reactionary judges, Gorsuch and Kavanaugh.

The separation of church and state and the separation of powers are also in jeopardy.

Guest – Human rights attorney Michael Tigar, a veteran of 1960s activism. He’s appeared many times before the Supreme Court, taught law at three schools and has written numerous books including the now classic, Law and the Rise of Capitalism and most recently Mythologies of State and Monopoly Power.

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Law and Disorder December 2, 2019

CCR Attorney Brings GTMO Cases To Highest International Court

The International Criminal Court was established in 1998 and began sitting in 2002. To date there are 123 countries who have ratified the Rome Statute that created the ICC and participate in it.

The role of the ICC is to bring to justice the world’s worst crimes known to humankind – war crimes, crimes against humanity, and genocide. The United States of America is not one of the 123 countries who participate in this International Court. But it can still be investigated and tried if the crimes it commits were committed in one of the 123 countries.

Guest – Attorney Katherine Gallagher, senior attorney at The Center for Constitutional Rights will be appearing before the ICC in the Hague in Holland on December 4, 2019. Attorney Gallagher will be representing two men currently being held and indefinitely detained in the US offshore prison camp in Guantánamo Cuba. Katherine works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, and Survivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.

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In Defense of Julian Assange Book Launch

Margaret Kunstler, Aaron Mate, Nathan Fuller, Amy Goodman, and Barry Pollack spoke about the wrongly prosecuted Julian Assange on the occasion of the recent publication by OR Books of In Defense of Julian Assange composed of 39 authors offering a range of insights and perspectives. The event on November 21, 2019 took place at the home of the late Michael Ratner, Assange’s former attorney. We hear from Margaret Kunstler, Barry Pollack, Nathan Fuller and Amy Goodman.

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Law and Disorder November 11, 2019

Victory: Trump Administration Rescinds Planned Anti-Protest Rules

In a stunning victory for free speech, the National Park Service was recently forced to do an about face. It withdrew a proposal that would have place burdensome restrictions on protests on the Mall and other federal land in Washington, DC.

Citing feedback it had received from the public — more than 140,000 comments — the Park Service announced it was ending its effort to rewrite the regulations governing speech and demonstrations on public lands under federal jurisdiction in the nation’s capitol. The proposed new regulations made public in August 2018 by then-Interior Secretary Ryan Zinke would have imposed hefty and unprecedented fees on groups organizing protests on federal park lands in Washington.

The Park Service has the responsibility and the legal obligation to protect First Amendment activity, and so it is good that officials dropped this plan.

Guest – Mara Verheyden-Hilliard, co-founder of the Partnership for Civil Justice Fund in Washington, DC. Over the years, Mara and the Partnership have secured millions of dollars in settlements for police infractions of protesters’ rights at mass assemblies, from the 2000 and 2002 IMF/World Bank protests to cases where law enforcement used false arrest tactics based on political affiliation. She also successfully challenged New York City’s efforts to restrict mass assembly in Central Park.

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United States Officially Recognizes The Armenian Genocide

In a bipartisan rebuke to Turkey after its offensive into northeastern Syria, the U.S. House of Representatives recently approved two measures pushing back at its longtime NATO ally.

The first measure was a symbolic resolution labeling the deaths of roughly 1.5 to 2 million Armenians from 1915 to 1923 in the Ottoman Empire, now modern-day Turkey, as a “genocide.” It passed 405-11, with 3 members voting present. The second measure was a bipartisan bill that imposed sanctions on Turkish officials and prevents the sale of arms to Turkey for use in Syria. That passed overwhelmingly as well: 403-16.

To this day, the Republic of Turkey enforces a gag-rule against U.S. recognition of the Armenian Genocide, despite overwhelming evidence documenting its crimes against humanity.

Despite formal recognition of the Armenian Genocide by the U.S. government in 1951 and 1981, successive U.S. presidential administrations have supported the Turkish government’s revisionism. Fearful of offending Turkey they have opposed passage of Congressional Armenian Genocide resolutions and objected to the use of the word “genocide” to describe systematic destruction of the Armenian people.

A just resolution of the Armenian Genocide would decrease regional tensions, open the door to improved Armenia-Turkey relations, help reform Turkey into a pluralist and tolerant society.

Guest – Aram Hamparian, executive director of the Armenian National Committee of America or ANCA. ANCA is the largest and most influential Armenian American grassroots political organization. Working in coordination with a network of offices, chapters and supporters throughout the United States and affiliated organizations around the world, the ANCA actively advances the concerns of the Armenian American community on a broad range of issues.

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