CIA Sponsored Terror, Civil Liberties, Human Rights, Supreme Court, Surveillance, Torture, Truth to Power, War Resister
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Michael E. Tigar On Challenges Lawyers Currently Face
Recently on Law And Disorder we interviewed Baher Azmy, Legal Director at the Center for Constitutional Rights, and National Lawyers Guild President Natasha Bannan. We were interested in their views of the challenges facing leftist lawyers and their movement clients face in these difficult times.
Attorney Jim Lafferty, the former head of the Los Angeles chapter of the National Lawyers Guild, who has a program on our sister station in Los Angeles, KPFK, joins me in the studio to cohost. We are going to speak for the entire hour with human rights attorney Michael Tigar.
Since the attacks on September 11, 2001, our democracy, however restricted at the time, has been even further shrunk by the growth of the national security state and the all knowing surveillance apparatus that has been set up. Moreover, the President, as the head of the executive branch of the government, has gathered unto to himself an unprecedented amount of power over the judicial and the legislative branches of the government. tigarbytes.blogspot.com/
Guest – Michael Tigar, emeritus professor of law at Duke University and at Washington College of Law. He has been a lawyer working on social change issues since the 1960s. He has argued numerous cases in United States Supreme Court and many Circuit Courts of Appeal. His books include “Law and the Rise of Capitalism”, “ Fighting Injustice ”, and the forthcoming Mythologist of State and Monopoly Power.“
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CIA Sponsored Terror, Civil Liberties, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Supreme Court, Targeting Muslims, Torture, Truth to Power, War Resister
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Guantanamo Diary: Mohamedou Ould Slahi
The American offshore prison camp in Guantánamo, Cuba is still operating. After the attacks on September 11, 2001, it was set up as a place where neither American or international law would apply and where prisoners could be brought, tortured, detained forever, and never charged with a crime. Ten years ago, former President Obama promised to close the offshore prison when he ran for office. It remains up and running to this day. Mohamedou Ould Slahi spent 18 years of his life there. He was an electrical engineer from Mauritania in Africa and educated in Germany. He was 32 years old when he was apprehended in his home, taken to Jordan where he was tortured, then to Afghanistan, then to Guantanamo and 16 years later at age 48, he was released. He walked out of Guantanamo Bay Prison in October 2016 without being charged with a crime and returned to his native Mauritania.
While in prison in 2005 he wrote a memoir, in English, one of his four languages. His attorney Nancy Hollander had asked him to do it and she finally got it declassified in 2012 but with heavy redactions. It was made into a book, titled Guantánamo Diary, and published in 2015 and became an international bestseller.
In it, he describes how he was tortured in ways personally approved by then Defense Secretary Donald Rumsfeld. Torture is a criminal act under both US and international law. As many know, Rumsfeld has yet to be prosecuted.
Guest – Mohamedou Ould Slahi joins hosts from his native country of Mauritania where he is a writer. He is the author of Guantanamo Diary.
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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Manhattan Neighborhood Network Supreme Court Case
Is a public-access TV channel run by private nonprofit corporation subject to the First Amendment? The Supreme Court will consider that question in a case involving the Manhattan Neighborhood Network or MNN. In 1991 MNN was designated to operate as a public-access channel in New York City. The Manhattan Borough President has no control over MNN but does pick two of its thirteen board members.
In 2012 Jesus Melendez, an occasional contributor to MNN, was suspended for trying to attend a board meeting. His associate Deedee Halleck then videoed him outside talking about the situation. MNN banned the video from airing. Melendez and Deedee brought a First Amendment claim against MNN asking if the network is a state actor for purposes of their First Amendment rights. The district court said no, noting that, while it was a close call, other circuits had concluded that privately run public-access networks were not state actors.
The Supreme Court hasn’t directly weighed in on this question although Justice Anthony Kennedy, in a 1996 concurrence in a case dealing with laws regulating content on public-access channels, wrote they should be considered state actors who run public fora and thus be subject to the First Amendment. Justice Clarence Thomas disagreed in his concurrence, writing that “franchising authorities require cable operators to create public access channels, but nothing in the record suggests that local franchising authorities take any formal easement or other property interest in those channels that would permit the government to designate that property as a public forum.”
Defenders of MNN claim, that while it’s possible that some public-access channels could be rightly called state actors, the Court should take the case to clarify the state-actor test and to review the Second Circuit’s unnecessarily broad opinion.
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.
Guest – Attorney Paul W. Hughes, a partner in the law firm Mayer Brown’s appellate and Supreme Court practice. Paul has handled more than 200 appellate matters, more than 125 of which were in the U.S. Supreme Court. In 2017The American Lawyer named Hughes “Litigator of the Week” in connection with his immigration work.
Censorship, Civil Liberties, Criminalizing Dissent, Crony Capitalism, Human Rights, Supreme Court, Surveillance, Truth to Power, War Resister
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How the Rats Re-Formed Congress
A fable is a short tale that anthropomorphizes animals. The animals personify human virtues and vices, and function as an instrument of moral instruction. We mention this because Ralph Nader joins us to discuss his new book How the Rats Re-Formed Congress. It’s a Fable about an invasion of rats in Congress that triggers a peoples’ political revolt. It begins when a Congressional reporter breaks a bizarre story: “Rats have invaded the toilet bowls” of the Speaker of the House and the Minority Leader. A national news frenzy ensues.
Activists seize on the breaking story to organize for a populist agenda. Spontaneous rallies erupt. The activists see the rats upending “business as usual” routines on Capitol Hill as a symbol against lobbyists and corporate Congress. Millions flood into the nation’s capitol to take back Congress from Wall Street. Congressional offices are deluged with citizen rallies and meetings. Members are challenged in primaries. Incumbents join the movement.
Wall Street and its lobbyists warn of economic collapse and mass layoffs if the people’s agenda passes Congress. Corporate front groups are formed to disrupt peaceful crowds. Despite that, corporate lobbyists and think tanks can’t overcome the organized will of the determined citizenry. Tortmuseum.org
Listen to our past interview with Ralph Nader about the Tort Museum.
Guest – Ralph Nader, one of the nation’s most effective and well-known social critics. He has raised public awareness and increased government and corporate accountability. As a young lawyer in 1965 he made headlines with his book Unsafe at Any Speed, leading to congressional hearings and passage of a series of life-saving auto safety laws in 1966. His example has inspired a generation of consumer advocates, citizen activists and public interest attorneys. Full biography.
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Civil Liberties, Human Rights, Prison Industry, Supreme Court, Surveillance, Torture, War Resister
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Update: Hosts Discuss U.S. Primary Election
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Trump’s Judges Imperil Our Rights for Decades
In less than two years, Donald Trump has two installed not one, but two, right-wing justices on the Supreme Court, ensuring a conservative majority for decades to come.
Republican congressional leadership appropriated (stole?) a high Court appointment from Barack Obama and appointed Neil Gorsuch. Gorsuch has cast the deciding vote in 14 cases that hurt workers, consumers, voters, immigrants and reproductive rights, while upholding abuses of government authority. Notably, he cast the deciding vote to uphold Trump’s Muslim travel ban in Trump v. Hawaii.
Republicans then pushed through the appointment of Brett Kavanaugh, who lied under oath and displayed conduct unbecoming a Justice. Just as Gorsuch has upheld the views of conservative Federalist Society and Heritage Foundation backers, Kavanaugh will surely do the same.
The public is less aware, however, of Trump’s systematic appointment of 29 right-wing judges on the federal circuit courts of appeals. And he hopes to appoint even more by year-end. These circuit court appointees have handed down regressive decisions favoring interests of the rich and upholding unlimited spending in politics. Judges who sit on the circuit courts wield enormous power because most cases are resolved at that level.
Seventh Circuit Judge Amy Coney Barrett, for example, voted in one case to allow a corporation to racially segregate its workplace. She also rejected the asylum claim of an immigrant who alleged he was tortured, without even considering the case merits. In the Sixth Circuit Judge Amul Thapar voted to allow public officials to lead Christian-only prayers at public Board of Commissioners meetings.
These decisions are just the tip of the iceberg.
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 has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, JURIST, Truthdig, Portside, Alternet, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Her website is http://marjoriecohn.com/
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The Nature of American Fascism
One hundred and eleven years ago American socialist and famed novelist Jack London in his book “The Iron Heel” anticipated what we are seeing developing in the USA today. He wrote “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 its nature may be I refuse to imagine. But what I wanted to say was this: you are in a perilous position.“
With our experience with fascism in the 20th century in Germany and Italy and with what we see developing in the USA right now we can clearly imagine what American fascism would look like.
– Socialism would be illegal and it’s proponents imprisoned
– Labor unions would be totally illuminated as an organization for those without property
– Quality public education would be further reduced
– The independence of public universities would be totally undermined
– Billions of dollars would continually being devoted to slick propaganda
– Much of traditional government functions with the exception of the police and the armed forces would be privatized
– The media and the Internet would be put under direct government control
– Minorities, blacks, Muslims, Jews, Mexicans, and LBGTQ people would be scapegoated for societies’ills.
– Women would be denied control over their own bodies
– Church and state would no longer be separated
– The rule of law would be cast aside.
Fascism doesn’t just doesn’t descend on us all at once like the falling of a dark curtain. It creeps in. It has been creeping in over the last 40 years of neoliberalism and with the rise of the ultra right who have taken over the Republican Party. All this was topped off to years ago with the election of Trump. In the last two weeks it has gotten even worse. Two black people were assassinated in Kentucky, 11 Jews were slaughtered inside there Pittsburgh synagogue, Trump canceled a nuclear non-proliferation pact with Russia, he declared himself a nationalist, really a white nationalist, and then sent 14,000 troops to the Mexican border to prevent desperate mostly women and children walking north from Honduras from claiming their lawful ride to asylum, and then he threatened to cancel birthright citizenship, a right guaranteed by the 14th amendment to our constitution.
We know which fascism looks like. We have identified it. But what do we do to fight it?
Guest – Barry Sheppard, is a political writer from Oakland California, a longtime socialist, activist, and author. Contact email: Lundshep@att.net
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Crony Capitalism, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Targeting Muslims, Truth to Power, War Resister
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Attorney Michael Tigar: The Mythologies of State and Monopoly Power
The American criminal justice system is buttressed, sustained and perpetuated by various myths. These myths dominate legal ideology. The most important of these myths concern racism, criminal justice, free expression, workers’ rights, and international human rights. “Ordinary private law categories of property, contract, and tort perform the same social function,” Michael Tigar writes in his important new book “Mythologies of State and Monopoly Power.“
Michael Tigar has worked for more than 50 years with movements for social change as a human rights lawyer, law professor, and writer. He believes that busting these myths is the work of movement lawyers.
Noam Chomsky has written that “for anyone concerned with the rule of law, or more generally with the real significance of freedom and justice, Michael Tigar’s book is “a highly informed and carefully argued study that should be essential reading.”
The book is beautifully written, learned, and profoundly insightful. In a better world Michael Tigar would be a justice of the United States Supreme Court.
The Michael Tigar Papers Launch University of Texas
Tigarbytes.blogspot.com
Guest – Michael Tigar, emeritus professor of law at Duke University and at Washington College of Law. He has been a lawyer working on social change issues since the 1960s. He has argued numerous cases in United States Supreme Court and many Circuit Courts of Appeal. His books include “Law and the Rise of Capitalism”, “ Fighting Injustice ”, and the forthcoming Mythologist of State and Monopoly Power.“
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CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Truth to Power
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Attorney Angela Davis: Arbitrary Justice
“In the halls of justice”, it has been quipped, “the only justice you find is in the halls.” H. Rap Brown, a leader of SNCC, the Student Non-violent Coordinating Committee, said that justice in America means “just us”. There are 2.3 million people in American prisons today. A great proportion of them are African-Americans. If you assume Europe has the same social situation that we do in America, it is a telling fact that we have seven times as many prisoners. Part of the explanation for this phenomenon, In addition to the racist nature of the United States of America, is the power that the American prosecutor has. It is the power to choose whom to prosecute and for what crime. It is the power to obtain convictions, not to seek justice. It is a power that is discretionary and open to abuse. This abuse is rarely reviewable or punished.
Guest – Attorney and Professor Angela J. Davis, author of Arbitrary Justice: The Power of the American Prosecutor. Her most recent book “Policing the Black Man” covers the key issues of the Black Lives Matter movement. Angela J. Davis, professor of law at American University Washington College of Law, is an expert in criminal law and procedure with a specific focus on prosecutorial power and racism in the criminal justice system. Davis previously served as director of the D.C. Public Defender Service, where she began as a staff attorney representing indigent juveniles and adults. She also served as executive director of the National Rainbow Coalition and is a former law clerk of the Honorable Theodore R. Newman, the former Chief Judge of the D.C. Court of Appeals. Davis is the author of Arbitrary Justice: The Power of the American Prosecutor
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