Civil Liberties, Climate Change, Human Rights, Iran, Supreme Court, Truth to Power, War Resister
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When at Times the Mob Is Swayed, A Citizen’s Guide to Defending Our Republic
Trump was elected by about 25% of the eligible voters. Half of the voters who could have, didn’t vote. He lost the popular election by 3 million votes. Since then, this appalling man has proceeded to aggrandize his power. Backed by large corporations to whom he gave huge tax breaks and for whom he cut regulations, the military to which he just gave a $750 billion budget, a Republican Supreme Court and the right wing media such as Sinclair Broadcasting and Fox News he has maintained a steady base of support in the population.
Increasing a sense of dread has spread across our country, it appears possible that Trump may get reelected. Democracy and the rule of law are increasingly threatened.
Guest – Constitutional Lawyer, Burt Neuborne is the former legal director of the American Civil Liberties Union and has argued many cases before the US Supreme Court. Attorney Neuborne’s book “When at Times the Mob is Swayed” has been recently published by the New Press. He is currently the Norman Dorsen Professor of Civil Liberties at NYU School of Law.
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Prominent Environmental Activist Maggy Hurchalla Loses Appeal Of 4.4 Million Dollar Jury Verdict
Issues of the environment, citizen advocacy, and the public’s right to know are converging in two South Florida court cases. One involves 78-year-old Maggy Hurchalla, a former Everglades Coalition’s Conservationist of the Year and winner of a National Wetlands Award from the Environmental Law Institute. Now she owes a developer $4.4 million for speaking out about a critical local environmental issue.
In 2012 Hurchalla learned that Lake Point Restoration was considering conveying water to West Palm Beach for a fee. She complained about the company’s operation in emails to Martin Country commissioners and after Lake Point lost out on some contracts. Lake Point claims Maggy lied and was intent on hurting the company.
In a second related case, the nonprofit Everglades Law Center requested a transcript of a closed door meeting of South Florida Water Management’s governing board. The response? They were hauled into court, with Maggie Hurchalla added to the lawsuit.
Guest – Professor Richard Grosso, director of environmental and land use practice at NOVA Southeastern University. Professor Grosso is a widely recognized legal expert, practicing attorney and policy advocate, with over 30 years of experience litigating and advocating on statewide and south Florida environmental issues.
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CIA Sponsored Terror, Civil Liberties, Human Rights, Supreme Court, Truth to Power
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The Movie SKIN and One People’s Project
In the recently-released 2019 movie SKIN, skinhead Bryon Widner’s body is covered in racist tattoos, each marking a hate crime he committed. His parents Shareen and Fred “Hammer” Krager, run a kind of camp that recruits and trains young men—often lost and hungry–to become white supremacists.
Bryon meets and falls in love with single mother Julie Price. When he begins to realize he wants to give up his hateful habits, he faces a host of difficulties, one of which is the long and painful process of removing many of the hate tattoos that cover his body.
The film follows writer-director Guy Nattiv’s Oscar-winning short film of the same name. In the narrative version, actor Mike Colter plays the film’s true hero, Daryle Lamont Jenkins, who has devoted his life to helping people escape neo-Nazi groups.
Guest – Daryle Lamont Jenkins, founder of One People’s Project, is able to join us in the studio today. Since 1988 Daryle has been documenting and writing about right wing individuals and organizations even back while he was serving as a police officer in the U.S. Air Force. In 2000, he founded One People’s Project out of a counter-protest to a rally in Morristown, NJ. The organization quickly gained the reputation of publicly documenting hate groups and their activities.
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Reforming Sex Offender Laws
The U.S. legal system and sentencing practices rely too often on emotion rather than facts when it comes to defendants with developmental disabilities charged with sex offenses. Sentences for possessing child pornography are severe, and don’t take into account a defendant’s lack of awareness or inability to understand the societal values being punished. This is true for individuals on the autism spectrum whose social intelligence quotient may lag their intelligence quotient.
Two professors want to change that.
St. Francis College professor Emily Horowitz and co-editor and law professor Larry Dubin make the case for reform in their book Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses.
Guest – Professor Emily Horowitz discusses her book and work related to sex offender laws in the United States. Dr. Horowitz is chair of the Department of Sociology and Criminal Justice at St. Francis. She is the author of Protecting Our Kids? How Sex Offender Laws Are Failing Us and founder and co-director of the St. Francis Post-Prison program. Her research on the sex offense registry been widely cited.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Supreme Court, Surveillance, Truth to Power
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Trump in the White House: Tragedy and Farce
The great issues of our times are the return of fascism to the United States and Europe, climate change, and the stagnation of the world capitalist economy. These great issues are pressing and interconnected.
We used to think that the experience of World War II guaranteed that no politician would ever advocate the ideas of fascism.
But the election of Donald Trump a year ago has caused a serious reconsideration of fascism and it’s relationship to capitalism and to democracy.
The neoliberals paved the way for Trump. Now he and the forces aligned with him have put our democratic institutions under attack in order to protect the rule of the wealthy. The attacks include the right to vote, labor unions, public education, an independent news media, independent public universities, the privatization of much of traditional governmental functions and making it almost impossible to launch a new political party.
The election of Trump is a political development that for concrete sociological reasons allows us to see it for what it is, as a type of neo-fascism. Only by identifying the phenomena correctly can we effectively fight it.
Jack London wrote a century ago in his famous book The Iron Heel that “There is a shadow of something colossal and menacing that even now is beginning to fall across the land. Call it the shadow of an oligarchy, if you will; it is the nearest I dare approximate it. What is nature may be I refuse to imagine. But what I want to say was this: You are in a perilous position.”
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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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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Civil Liberties, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Truth to Power
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The Silk Road and Ross Ulbricht
It’s been four years since a jury found that then 29-year-old Ross Ulbricht guilty on charges related to operating a Dark Website called the Silk Road that sold, among other things, illicit drugs.
The case was a high profile one, and Rosshad come to be known by some as the face of the Dark Web. He was convicted on seven charges—including a “kingpin” charge—and now-retired Judge Katherine Forrest imposed two life sentences and 40 years… Ross is a young, non-violent, first-time offender serving two life sentences, plus forty years, without parole. He was not convicted of selling drugs or illegal items himself, but rather of creating an e-commerce website that others chose to use for that purpose. No victim was named at trial, and prosecutors had not even sought such a long sentence.
Corruption, abuse, evidence tampering and multiple violations of Ross’s rights cast serious doubt on the legitimacy of Ross’s conviction and sentence within the legal community and with the public.
In a 2016 appeal, defense attorneys outlined a litany of improprieties and abuses in the investigation and trial. Perhaps most serious was that the court precluded information about two corrupt federal agents investigating Silk Road who are now both serving prison sentences for corruption. Last year the Supreme Court denied to consider the case.
Guest – Ross’s mother, Lyn Ulbricht joins us to talk about a petition for clemency to President Donald Trump. Free Ross Ulbricht.
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Attorney Client Privilege
What is the attorney-client privilege? And to whom does it apply? Generally speaking, the privilege is owned by the client and unless the client waived her rights her lawyer is barred not only from revealing any information about the client but even revealing who the client is.
An exception in the case of the FBI raid and Donald Trumps attorneys Office, Home, and hotel room was made on the grounds that there is a fraud exception to the attorney-client privilege. Defenders of the attorney-client privilege, even if it has to do with protecting Donald Trump, have argued that it is illegal and unprincipled for the Justice Department to get a search warrant from a federal magistrate and violate the principle.
Guest – Minneapolis Attorney Carla Kjellberg, has worked with victims of child sexual assault who have sued priests, litigated sensitive family law matters, and worked with unions and political activists.
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq Veterans, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
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Lawyers You’ll Like: Attorney Nancy Hollander
Occasionally Law And Disorder has featured interviews with significant attorneys. We call this segment of the show Lawyers You’ll Like. One such attorney is today’s guest, Nancy Hollander. She has been practicing criminal defense lawyer in Albuquerque, New Mexico and has been a partner since 1980 in the law firm of Freedman, Boyd, Hollander, Goldman, Urias, and Ward.
Nancy Hollander‘s practice has largely been devoted to representing individuals and organizations accused of crimes, including those involving national security issues.
She was one of the attorneys in the landmark Holy Land Five case. She won whistle blower Chelsea Manning’s release in 2017 when President Obama commuted her sentence from 35 years to seven years. Although not currently representing Manning she has met with her recently. Manning has been jailed for two months for refusing to cooperate with a grand jury in Virginia which is investigating Julian Assange of WikiLeaks. Manning released the famous Iraqi war log video showing American war crimes in Iraq to Julian Assange of WikiLeaks. He is in prison in London awaiting extradition and trial in Virginia where he faces 175 years in prison if convicted of Espionage Act violations. She represented Mohamedou Ould Slahi, whose release she obtained after he served 15 years in Guantanamo without ever being charged.
Write to Chelsea Manning:
Chelsea Manning – AO181426
William D. Truesdale Adult Detention Center
2001 Mill Road
Alexandria, Virginia 22314
Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.
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Supreme Court: Cable Companies Can Limit Public Access
Last month United States Supreme Court in a 5 to 4 decision written by Brett Kavanaugh decided that TV cable companies can, in the words of our guest, losing plaintive DeeDee Halleck, “censor whatever, whoever, and whenever they want.”
Cable companies like Manhattan Neighborhood Network can now limit public access that carry TV shows to be available in hundreds of cities and towns.
The Supreme Court held that Manhattan Neighborhood Network is not subject to First Amendment constraints, that the free-speech clause of the First Amendment prohibits only governmental, not private abridgment of speech and that MNN is a private company.
Judges Cavanagh, Robert, Thomas, Alito, and Gorsuch is found against the free-speech argument of Halleck and her co-plaintiff Jesus Melendez. Judge Sotomayor wrote the dissent which was joined in on by Ginsberg, Breyer and Kagan.
Guest – Deedee Halleck one of the plaintiffs in this case and among the top media activists. She’s co-founder of Paper Tiger Television and also the Deep Dish Satellite Network, the first grass roots community television network. She is Professor Emerita in the Department of Communication at the University of California at San Diego.
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Supreme Court, Surveillance, Torture, Truth to Power, War Resister
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Updates:
- Two MOVE9 Members Released From Prison
- Julian Assange Update
- Never Get Rid Of Newspapers…The Headlines Alone Make Them Worth Keeping
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Suicide Increase In The United States
Suicide ranks among the top ten leading causes of death in the United States. As rates have generally fallen in other developed nations, the number of suicides per 100,000 rose over 30 percent between 1999 and 2015.
Those in midlife had the largest uptick in suicide. Researchers find that two social factors have contributed to this trend: the weakening of the social safety net and increasing income inequality.
One study of suicide in the U.S. found that the rising rates were closely linked with reductions in social welfare spending between 1960 and 1995. Such expenditures include Medicaid, a medical assistance program for low income persons; Temporary Assistance for Needy Families, which replaced Aid to Families with Dependent Children; the Supplemental Security Income program for the blind, disabled and elderly; children’s services including adoption, foster care and day care; shelters; and funding of public hospitals for medical assistance other than Medicaid.
While their suicide rates are on the decline, three European nations still have rates higher than the U.S. They are Belgium, Finland and France.
Guest – Stephen Platt, Emeritus Professor of Health Policy Research at the University of Edinburgh, UK. His research focuses on the social, epidemiological and cultural aspects of suicide, self-harm and mental health. He is an adviser on suicide prevention research and policy to NHS Health Scotland and the Scottish Government, the Irish National Office for Suicide Prevention and Samaritans.
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