Civil Liberties, Habeas Corpus, Human Rights, NSA Spying, Supreme Court, Surveillance, Truth to Power
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Update:
- Hosts Discuss Civil Liberties Amid Pandemic
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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
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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.
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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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Censorship, CIA Sponsored Terror, Civil Liberties, Habeas Corpus, Human Rights, Iraq War, NSA Spying, Political Prisoner, Supreme Court, Surveillance, Truth to Power, Uncategorized, War Resister
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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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Civil Liberties, Human Rights, Iraq War, Supreme Court
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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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CIA Sponsored Terror, Civil Liberties, Human Rights, Political Prisoner, Supreme Court, Surveillance, Truth to Power
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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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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Habeas Corpus, Human Rights, Iran, Supreme Court, Truth to Power, War Resister
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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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