Civil Liberties, Civil Rights, Human Rights, Supreme Court, Truth to Power
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Repairers Of The Breach: Reverend Dr. William Barber
As political scientist Barbara Walter has recently warned, violent extremism is on the rise globally, and there’s even an increasing likelihood of a second civil war in the United States. At the same time, a Harvard University poll of 18- to 29-year olds revealed that nearly two-thirds are more fearful than hopeful about democracy’s future. Respondents blamed politicians and money in politics as key factors, along with structural racism, and lack of access to higher education. Both polls came as President Joe Biden addressed international leaders at a Democracy Summit, and said the survival of democracy depended on their decisions. For his part, Biden has promised to rebuild the backbone of the country – the middle class – and has claimed that his Build Back Better Act will do just that. He promises to set the United States on course to meet its climate goals, create millions of good-paying jobs, enable more Americans to join and remain in the labor force, and grow the national economy. The most profitable corporations, and the wealthiest Americans, will pay their fair share of taxes.
Guest – Rev. Dr. William J. Barber II is a member of the National NAACP Board and a pastor of Greenleaf Christian Church in Goldsboro, NC since 1993. He has been called “one of the most gifted organizers and orators in the country today,” and “the closest person we have to Martin Luther King Jr. in our midst.” The Reverend is the president and senior lecturer at Repairers of the Breach and co-chair of the Poor People’s Campaign: A National Call for Moral Revival.
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In Memory Of Glen Ford
Glen Ford died of lung cancer last summer in July at the age of 71. Cornell West wrote that “He was the most brilliant, courageous, and consistent writer and journalist in the Black radical and independent tradition of his generation.“ Of himself Glen said “I am a Black nationalist and a socialist.“ He had been executive editor of the Black Agenda Report, which she helped found in 2006. Today on Law And Disorder we speak with three people closest to Glen Ford. We talk with his daughter Tonya Rutherford, Margaret Kimberley and Ajamu Baraka. Just before he died Glen was able to complete the manuscript for The Black Agenda. The book is available from OR Books.
Margaret Kimberly worked with Glen. She wrote the introduction to his book and is now the Managing Editor of Black Agenda Report. Glen was her mentor and teacher. Ajamu Baraka is an editor and frequent contributor to BAR. He is the Executive Director of the Black Alliance for Peace He ran as the Green Party candidate for vice president in 2016. Raymond Nat Turner is the poet in residence at BAR.
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Civil Liberties, Civil Rights, Crony Capitalism, Human Rights, Supreme Court, Truth to Power, Violations of U.S. and International Law
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Dark Money, Corporate Corruption And Right Wing Networks
We are at a pivotal moment in this country and the coming year may will decide whether we can right the course of history. Nancy MacLean’s important book Democracy in Chains revealed the Rights‘ decades long stealth campaign to reverse engineer America back to the days when the robber barons reigned supreme and rigged the legal and constitutional rules to work in their favor.
Professor MacLean wrote that “Trump and the forces of the right are actively trying to rig the conducting and counting of elections, state by state, as they create a frightening autocratic, post truth society few would have ever thought possible in America.”
The January 6th insurrection was a dress rehearsal for a Trump coup attempt in 2024. If he loses the election Trump and his far right supporters are laying the groundwork in state legislatures to take control of the electoral process to reverse the loss and claim a victory.
The alliances between the corporate state, Trump, and white nationalists have seen a flood of dark money to subvert free and fair elections, block climate and economic justice legislation, push for a constitutional convention to permanently guarantee the rule of the rich, and the crippling of the federal government’s ability to protect working families, the environment, and promote equity for all.
The investigative journalism published by the Center for Media and Democracy has exposed groups on the far right like the American Legislative Exchange Council (ALEC), Heritage Action, and the Republican Attorneys General Association (RAGA) which are working hard to suppress the vote, tear down the firewall to protected our democracy in 2020 and put Trump acolytes in positions of power where they can subvert future elections.
ALECExposed.org
Guest – David Armiak who is Research Director with the Center for Media and Democracy. He has conducted extensive investigations on dark money, corporate corruption, and right wing networks, and is responsible for filing and analyzing hundreds of public records request every year.
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The US Supreme Court And US Democracy Going Forward
The Supreme Court as presently constituted has six reactionary judges and three liberal minded ones. Progressive people are alarmed by its recent decisions and fearful of what it will do in the future.
One of the liberals on the court is Steven Breyer. He’s 83 years old. Should he retire, it would give the Democrats the opportunity to try to appoint a replacement who is not a reactionary. This will be an uphill battle, but it is a fight well worth it.
A right-winger will certainly get the job if a Republican president and a Republican controlled Senate in the year 2024 choose a successor to Breyer if he dies or retires
When Barack Obama was president, he hinted to the liberal Ruth Bader Ginsburg, who was 80 years old and a two-time cancer patient, to step down but she declined. Ginsburg died while still serving as a Justice of the Supreme Court. Republicans in the Senate would not allow a vote for Judge Merrick Garland, whom Obama had nominated for the Supreme Court seat. Ginsburg was then replaced by the young right-winger Brett Kavanaugh who joined two other young right-wing Trump judges.
The Trump-dominated Republican party is well aware that to topple democracy they must take over the courts. The current Roberts Court has for more than a decade consistently leveled this attack on democracy by eviscerating the Voting Right Act, unleashing unlimited corporate monies into elections, allowed clearly partisan gerrymandering of elections, and is now training its sights against reproductive choice by severely restricting abortion rights.
Yale historian Jason Stanley has recently written, “There is every reason to believe that the court will allow even the simplest of democracy to crumble as long as laws are passed by gerrymandered republican state houses that make anti-democratic practices, including stealing elections, legal.”
Guest – attorney Martin Garbus, a constitutional litigator who has represented Steven Donziger, Nelson Mandela, Daniel Ellsberg, and Lenny Bruce.
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Civil Liberties, Civil Rights, Racist Police Violence, Supreme Court, Violations of U.S. and International Law
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Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights
Erwin Chemerinksy is the Jesse H. Choper Distinguished Professor of Law and Dean of the Berkeley Law School. He has also served on the faculties of USC Law School and Duke Law School, and he was the founding dean of the UC Irvine School of Law.
Dean Chemerinsky is a leading constitutional law scholar and teacher who has an uncommon ability to explain complex legal concepts so that non-lawyers can easily understand them. A study of legal publications between 2016 and 2020 found him to be the most frequently cited US legal scholar. He is the author of 14 books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. Dean Chemerinsky also handles legal cases, and has argued several times before the Supreme Court.
After a 2000 review of the Rampart scandal about corruption and excessive force in the LA Police Department attributed the problems to a few bad apples, Dean Chemerinsky conducted an independent analysis which uncovered systemic and structural issues in the department. In his new book, Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, he writes, “Race has infected policing in the United States since its founding.” People of color are more likely than whites to be stopped, arrested and subjected to police violence.
Dean Chemerinsky cites the slave patrols which tracked and returned runaway slaves. We saw the three men who killed Black jogger Ahmaud Arbery use the logic of those slave patrols in their defense. Due in large part to a video of the killing, they were convicted of murder.
When I served as a commentator for CBS News during the O.J. Simpson trial, the people at KNX Radio called Erwin (who did frequent commentary) “the nicest guy in the world.” He is most generous in sharing his expertise. I can’t remember any time he has turned me down when I have asked him to speak at an event, even if it required traveling to San Diego. I have often said that if I were President of the United States, Erwin would be my first choice for a justice of the Supreme Court. Unlike most of the members of the Court, he would be a “justice” in the true sense of the word.
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Line 3 Is The New Standing Rock
Our guest today is water protector Chicago attorney Pat Handlin. She has been representing some of the 900 people who’ve been arrested for trying to stop Line 3. Line 3 brings the dirtiest oil on Earth down from Alberta, Canada to the shores of the Great Lakes. It is owned by the Canadian corporation Enbridge. President Trump issued their permit without any environmental impact statement. The governor of Minnesota or the President of United States you can stop Enbridge. But they haven’t.
The Line 3 oil pipeline has been operational since October. It snakes under 200 bodies of water including the Mississippi river. Native Americans from the Chippewa and Ojibwe tribe have treaty rights to the land affected by the Enbridge pipeline. Enbridge has a terrible record for oil spills, 194 of them since the year 2000. Since 1986, more than 7 million gallons have spilled in the Midwest. Much of it has never been cleaned up.
The pipeline runs through sacred land. The land has wild rice which the Native Americans harvest for nutrition and value for spiritual reasons. The land is protected by treaties which are being violated. Tribes are sovereign nations that have entered into treaties with United States. A treaty becomes the supreme law of the land. Biden has said that he would honor the treaties but has not done so.
Guest – Pat Handlin is a criminal defense attorney who represented numerous Water Protectors facing misdemeanor charges stemming from the Standing Rock No DAPL movement, provided legal support at the hearing challenging TC Energy’s permit application to use water for the KXL pipeline and represents Water Protectors charged in Minnesota for opposition to Line 3. She has been a public defender, legal services attorney, administrative law judge on employment discrimination matters, represented Occupy Chicago activists, and has litigated to protect victims of elder abuse, neglect and financial exploitation.
Censorship, Civil Liberties, Civil Rights, Gaza, Guantanamo, Habeas Corpus, Human Rights, Impeachment, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Racist Police Violence, Right To Dissent, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, U.S. Militarism, Violations of U.S. and International Law, War Resister, Whistleblowers
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Moving The Bar: My Life As A Radical Lawyer
Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.
Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.
– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law
Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.
– Attorney Bill Goodman
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Civil Liberties, Civil Rights, Criminalizing Dissent, Human Rights, Right To Dissent, Supreme Court, Truth to Power
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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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The Federalist Society: Shifting the U.S. Legal Landscape to the Right
With the recent nomination of conservative attorney Brett Kavanaugh to replace Justice Anthony Kennedy, the United States Supreme Court will have a majority of authoritarian anti-democratic jurists who support a powerful executive. At the same time, Donald Trump has wasted no time in appointing more conservatives to federal judgeships.
More and more we’re hearing that the once little-known Federalist Society is behind these appointments. But it’s now a new development. The Society was formed at Yale University in 1981, and has steadily and quietly been placing its lawyer members in positions of power in the government and judiciary.
In their 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, attorneys Michael Avery and Danielle McLaughlin track the movements of this small group of conservative law students and lawyers and their increasing influence. The Federalist Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Members include economic conservatives, social conservatives, Christian conservatives, and libertarians. One of the things that has made the Federalist Society so very effective is their big picture agenda. While they may have differences of opinion on a range of issues, they have successfully put those aside to advance a far-reaching, long-lasting, and broad conservative agenda. Their agenda is chipping away at social gains made since the 1930s. Medicare and Medicaid and Social Security are on the block. So is Roe v. Wage. Citizen United, holding that corporations are persons and money is free speech, and the union-breaking Janus decision are just the beginning. Other attacks on democracy include voter suppression, voter ID laws, and gerrymandering.
Guest – Attorney Michael Avery, the former president of the National Lawyers Guild, and is an expert in the areas of constitutional law and police misconduct.
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CIA Sponsored Terror, Civil Liberties, Civil Rights, Criminalizing Dissent, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Truth to Power, Violations of U.S. and International Law, Whistleblowers
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Julian Assange: October 26 Appeal
Julian Assange was a young computer genius, an Australian citizen, the publisher of Wiki leaks, an award-winning journalist, and the person responsible for embarrassing the United States by publishing material on American war crimes in Iraq and Afghanistan. He figured out a way to receive information from whistle blowers and publish the information anonymously in order to protect them.
When Mike Pompeo was Trump’s Director of the CIA he called WikiLeaks, which was founded by Julian Assange, “a hostile non-state intelligence agency.” Pompeo suggested that Julian Assange be kidnapped from the Ecuadorian embassy in London, where he had received political asylum, rendered, and assassinated.
What has been the reaction of the major news media to this extraordinary revelation? Will this affect the US governments continued efforts to have him extradited to the United States where he would be tried for espionage?
Assange is presently being held in solitary confinement in London‘s infamous Belmarsh prison. In earlier developments, Judge Vanessa Baraitser ruled that he could not be extradited to United States in defiance of the American request because she feared his prison confinement in an American maximum-security prison might cause him to commit suicide.
Her decision is on appeal by the Biden U.S. Justice Department and will be heard by the British High Court on October 26th.
In response to the revelations about Pompeo, Julian’s American attorney Barry Pollack said that “the extreme nature of the type of government misconduct that Yahoo News reported would certainly be an issue and potentially grounds for dismissal.“ He believes that Assange was targeted by both Trump and Biden like Nixon had targeted Daniel Ellsberg for his release of the Pentagon during the Vietnam war. In Ellsberg’s case the presiding judge dropped all charges against him.
Assange Defense
@defenseassange – Nathan Fuller twitter
Defend.wikileaks.org
Guest – Attorney Nathan Fuller who has been attending Julian Assange’s extradition hearing in London. He leads the London-based Courage Foundation and the director of the newly formed Committee to Defend Julian Assange and Civil Liberties.
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Host Discussion: Challenges To Roe v. Wade And Donziger Case Updates
Last week thousands demonstrated across the country over woman’s right to choose. The demonstrations took place one month after Texas had enacted its infamous heart beat law which is nearly a total ban on abortion. It prohibits abortion after 6 weeks, when most women don’t know they’re pregnant. Currently the law established by Roe v Wade, defends women and affords them to get an abortion during the first two trimesters of their pregnancy. One in four women in the United States has had an abortion. The first thing the fascist Hitler government did in 1933 when in came to power was to lock up all the family planning clinics. Anti-abortion laws disproportionately attack black, brown and poor women. The Women’s Health Protection Act which would codify Roe v. Wade has passed the House and is now in the Senate where it will likely lose. Coming up in the Supreme Court is the Jackson Healthcare Case which originated in Mississippi. That state passed a law limiting the first 15 weeks of pregnancy. The first direct challenge to Roe v. Wade.
Guest – Marjorie Cohn, former criminal law defense attorney and professor emeritus at the Thomas Jefferson school of Law. She was the past president of the National Lawyer Guild and is a member of the bureau of the International Association of Democratic Lawyers. Professor Cohn has published four books about the war on terror. Last week she had published an article in the prestigious online magazine Jurist titled Samuel Moyn’s Unprincipled Attack on Human Rights Giant Michael Ratner is Shameful.
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