Law and Disorder December 3, 2018

 

Death with Dignity

Seventy percent of Americans support the end-of-life option permitting qualified terminally ill people to end their lives through physician-prescribed medications. Despite this, forty-four states don’t have statutes outlining the procedure, and safeguards, for getting medications to hasten inevitable death.

Death with Dignity is a growing movement that works to ensure terminally ill Americans have the freedom to control their end-of-life options, including how they die. Its state-by-state campaign strives to change that.

California, Colorado, Hawaii, Oregon, Vermont, Washington and the District of Columbia have assisted dying statutes. They allow mentally competent, terminally-ill adult state residents to request and receive a prescription medication enabling them to die in a place and time of their choosing.

Guest – Mark Glaze is a strategist in public affairs, advocacy and politics. His clients have included the Open Society Institutes, the American Federation of Teachers, the Human Rights Campaign and Amnesty International. Mark is the former executive director of Everytown for Gun Safety, the nation’s largest gun violence prevention group. After the Newtown mass shooting the Wall Street Journal called him “the face of the gun control movement.”

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Strongmen

The spectacle and recent emergence of the strong man leader has been seen in a number of countries across the world, not only in the United States. We have witnessed the rise of Modi in India, Duterte in the Philippines, Erdogan in Turkey and Putin in Russia. In the 1920s and 1930s fascist dictators emerged in Germany, Spain, Portugal, and Italy. These men were monsters. The new kind of strongmen are not fascist dictators, but monsters nonetheless. We welcome professor Vijay Prashad who has edited and introduced the recently published book titled Strongmen. The book is a collection of five essays, some of them in the form of a fable, which explains the phenomena of the strong men.

Guest – Professor Vijay Prashad, is the executive director of Tricontinental: Institute for Social Research. He is the author and editor of several books, the most recent is titled Red Star Over the Third World.

Law and Disorder November 12, 2018

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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Law and Disorder October 22, 2018

 

Chris Hedges – America: the Farewell Tour

We are living in terrible times. Novelist Barbara Kingsolver has said that “it feels like the end of the world.” Last week hurricane Michael destroyed much of the Florida Panhandle. Before that hurricanes decimated Puerto Rico and before that Houston and before that New Orleans. Climate scientists predict it will only get worse and that we are rapidly running out of time to hold the disaster.

Many people have observed that Trump is a symptom, not the disease. The insurgency in the Republican Party has installed a purposeful, strategic and successful ultra right into power in all three branches of the Federal government and in the legislatures of half the states.

The war in Afghanistan has been pursued for 17 years. Iraq and Libya have been destroyed. The military budget was increased by 10% and is now some $700 billion a year, half of what the government spends all together. Are we on the verge of climate catastrophe, a great economic crash, or the end of the American empire?

Guest – Chris Hedges has written 11 books including the recently published America: the Farewell Tour. Although he is a recipient of the Pulitzer Prize for journalism, Chris Hedges was pushed out of the New York times where he was reporter for publicly criticizing the Iraq war. Pulitzer-Prize winning author and journalist. He was also a war correspondent, specializing in American and Middle Eastern politics and societies. His most recent book is ‘Death of the Liberal Class (2010). Hedges is also known as the best-selling author of War is a Force That Gives Us Meaning (2002), which was a finalist for the National Book Critics Circle Award for Nonfiction.

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Law and Disorder October 8, 2018

 

Regulation Designed to Tax Protesters For First Amendment Activity

The Trump administration has another first for America. It wants demonstrators to pay to use public parks, sidewalks and streets to engage in free speech. The effect of taxing protesters in the nation’s capital will be to restrict access for First Amendment activities to the very few who can afford it. Participatory democracy will be no more.

Interior Secretary Ryan Zinke in August announced the White House’s rewriting of regulations governing free speech and assembly on public lands under federal jurisdiction.

The National Park Service will charge protesters for so-called event management expenses. Barricades and fencing that police may erect, trash removal, sanitation charges, permit application charges, salaries of personnel deployed to monitor protests, as well as cost deemed harmful to turf.  The Park Service claims protest-related costs are burdensome, and said that last year’s Women’s March imposed “a pretty heavy cost” on the government.

Guest – Mara Verheyden-Hilliard, co-chair of the Guild’s National Mass Defense Committee. co-founder of the Partnership for Civil Justice Fund in Washington, DC, she secured $13.7 million for about 700 of the 2000 IMF/World Bank protesters in Becker, et al. v. District of Columbia, et al., while also winning pledges from the District to improve police training about First Amendment issues. She won $8.25 million for approximately 400 class members in Barham, et al. v. Ramsey, et al. (alleging false arrest at the 2002 IMF/World Bank protests). She served as lead counsel in Mills, et al v. District of Columbia (obtaining a ruling that D.C.’s seizure and interrogation police checkpoint program was unconstitutional); in Bolger, et al. v. District of Columbia (involving targeting of political activists and false arrest by law enforcement based on political affiliation); and in National Council of Arab Americans, et al. v. City of New York, et al. (successfully challenging the city’s efforts to discriminatorily restrict mass assembly in Central Park’s Great Lawn stemming from the 2004 RNC protests.)

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U.S. Plans To Overthrow Venezuelan President?

Recently people in the Trump administration held secret meetings with certain military leaders of Venezuela to discuss plans to overthrow Venezuelan elected President Nicolas Maduro.

The White House said in a statement that it was important to engage in “dialogue with all Venezuelans who demonstrate a desire for democracy“ in order to “bring positive change to a country that has suffered so much under Maduro.” The economic situation in Venezuela has been dire. This has been exacerbated by a US financial embargo. It is estimated that 1,600,000 people have left Venezuela since 2015.

Guest – William Camacaro is a Venezuelan living in New York City and a senior research fellow at the Consul of Hemispheric Affairs, Washington DC best non-governmental organization founded in 1975. Camacaro is a cofounder of the Alberto Lovers Bolivarian Circle of New York, an organization founded in solidarity with Venezuela.

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Law and Disorder October 1, 2018

 

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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Law and Disorder September 24, 2018

 

Bolton Threatens ICC Over Probes Into US War Crimes

On September 10, 2018 in Washington DC, President Donald Trump‘s national security adviser John Bolton gave an important and widely publicized speech to the rightist Federalist Society threatening International Criminal Court judges and court personnel if they dared to probe into U.S. torture practices in Afghanistan and three European black sites. The United States is being investigated for torturing captives in Afghanistan, Poland, Estonia, and Lithuania. The charges have been documented by the U.S. Senate in its report of December 14, 2017.

The International Criminal Court is also investigating Israeli war crimes in Gaza where in 2014, 3000 people including more than 500 children were killed by Israeli invaders. This has been documented by the United Nations’ Goldstone Report.

Bolton said that “the United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court including tariffs and prosecution.“

He added that “if the court comes after us, Israel, or other allies we will not sit quietly.“

Bolton also announced that the US is shutting down a Palestinian diplomatic office in Washington because Palestinians have indicated that they will request that the ICC prosecute American ally Israel for war crimes and crimes against humanity.

In addition, the United States has cut off payments to the United Nations organization that has provided funds for refugees displaced by Israel when it conquered Palestine in the 1948 war. The funds were used for schools and hospitals in the West Bank and Gaza.

Guest – Attorney Reed Brody, with Human Rights Watch, is a former colleague Michael Ratner, Brody has spent much of his career prosecuting international war criminals for crimes that the International Criminal Court investigators are contemplating with respect to the United States and Israel.

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Protect The Protest Coalition Launches To Fight Against SLAPPs

Anti-corporate sentiment in the United States of America is getting increasingly wide and deep. This is especially true when it comes to corporate responsibility for environmental degradation.

The most spectacular example of this is the nationwide mobilization in support of the water protectors at Standing Rock a year ago. The Energy Partners Transfer Corporation was attempting to build a pipeline through land sacred to native peoples in North Dakota. The pipeline went under the Missouri River threatening the water supply.

One of the many organizations supporting the Water Protectors was Greenpeace . As a consequence, they were sued by Energy Transfer Partners and accused of racketeering under the RICO act, a law originally passed to be used against organized crime.

The suit was designed to tie up the resources of Greenpeace , harass them, and cost them money. The lawyers for the corporation are the same firm used by Donald Trump. These legal actions by big corporations are called SLAPP suits. This stands for Strategic Litigation Against Public Participation.

In recent times these lawsuits have been proliferating. Two weeks ago 18 organizations including the Center for Constitutional Rights banded together to fight back.

Guest – Attorney Deepa Panmanabha, the assistant general counsel with Greenpeace since 2011 and is based in Washington DC. Deepa is involved in defending Greenpeace against two lawsuits attempted to silence the organizations advocacy work brought by Resolute Forest Products and Energy Transfer Partners. She also advises on a variety of legal matters and managers criminal law cases where green peas after this engage in civil disobedience. Deepa represents Greenpeace USA in the Protect the Protest Task Force, a recently formed coalition created to confront corporations that file lawsuits design to silence dissent and provide resources to individuals and groups facing these suits.

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