Law and Disorder January 2, 2017

Trumpocalypse

Donald Trump will be sworn into office on January 20 as the 45th President of United States. He will begin his term with a Republican Congress. What can he do? What powers does he possess that would victimize immigrants, women, minorities, the infirmed, political activists, and journalists?  We speak today with journalist Max Rivlin- Nadler.  He’s the author of the recent article which appeared in The Gothamist called Trumpocalypse Now: What’s The Worst That Could Happen In NYC?

Guest – Max Rivlin-Nadler is an independent journalist based in New York City focused on urban affairs and criminal justice issues. He’s reported on the abuse of civil forfeiture laws by the NYPD, financial mismanagement and environmental neglect by the Port Authority, and the 2016 presidential election. His reporting has appeared in the New York Times, Gothamist, and the Village Voice.

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DAPL Aerial Chemical Attack Report: Oceti Sakowin Encampment

Water Protectors numbering in the thousands including members of more than 100 Native American tribes at Standing Rock, North Dakota have been brutally and continually attacked since they began their encampment months ago.  They’re stationed in the freezing North Dakota weather and have succeeded in halting the construction of a 1200 mile oil pipeline that is scheduled to go through sacred Indian lands and beneath the Missouri River and then through South Dakota, Iowa, and into Illinois. Pipelines frequently break and if and when this one does it will contaminate the water supply of some 15 million people.  Water from the river was sprayed on the protesters in 26° weather causing many of them to get life threatening hypothermia.  Recently there have been reports of low flying aircraft releasing poison on the tents where the people are encamped. There have also been reports of snipers training their rifles on the people in the camp. President Obama has temporarily stopped the construction of the pipeline. Its a 3.8 billion-dollar project owned by the Energy Transfer Partners, an outfit in which  Donald Trump has a large investment.

DONATE TO WATER PROTECTORS

Guest – Angela Bibens, an attorney from Denver, Colorado, Angela practices criminal, juvenile and family law with a specialty in the Indian Child Welfare Act.  She earned her law degree from the University of Denver Sturm College of Law in 2006.  She is a wife and mother of three.  Angela has been the ground coordinator for the Water Protector Legal Collective at Oceti Sakowin Camp near the Standing Rock Sioux Tribe for the past three months.

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Zachary Sklar: Snowden

National Security Director James Clapper was questioned by Congress. The media was there. He looked at the camera, right in our eyes. The question was: Does the NSA spy on Americans?  He Answered “not wittingly”. This was a lie. The NSA was spying on every computer keystroke and telephone conversation made by every American. Edward Snowden blew the whistle on this totalitarian practice that turned democracy upside down. Instead of the government serving the people the government was spying on the people it should serve.  He has been indicted under the 1917 Espionage Act and is presently living in Russia, stripped of his passport, unable to come home where he faces decades in prison or worse. Oscar-winning film director Oliver Stone’s just released movie tells Edward Snowden’s story.

Guest – Zachary Sklar is a screenwriter, journalist, author, and editor. He is best known as co-writer (with Oliver Stone) of the Academy Award-nominated screenplay for the film JFK. Sklar has edited numerous non-fiction books about U.S. intelligence, including the number-one-bestselling On the Trail of the Assassins by Jim Garrison, from which the film JFK was adapted; Profits of War: Inside the Secret U.S.-Israeli Arms Network by former Israeli intelligence operative Ari Ben-Menashe; and Deadly Deceits: My 25 Years in the CIA by former CIA case officer Ralph McGehee.

Law and Disorder December 19, 2016

US Intelligence Vets Dispute Russia Hacking Claims

The major media has been filled daily with stories about how Russia and its Chief of State Vladimir Putin sought to and did influence the American election in favor of Donald Trump.  It is alleged by the CIA and other American intelligence agencies, the Russians hacked into the computer systems of the Democratic National Committee and of Hillary Rodham Clinton.  This conclusion, it is reported, is based on “overwhelming circumstantial evidence.”  American public opinion is been shaped to support aggression against Russia. Despite a promise made to Russia that they would not do it, the promise was broken and NATO now has troops and weapons on the Russian border where military exercises have been carried out. Tensions have been a ratcheted up to an extreme level not known since the heights of the Cold War.

Guest – Ray McGovern, former CIA analyst who briefed President George Bush daily. He broke with the government under George W. Bush over the cooked intelligence used to rationalize America’s illegal war of aggression against Iraq and  helped form the organization Veteran Intelligence Professionals for Sanity.  Last week his group issued a memorandum to President Obama which demonstrated that the Russians did not hack into the computers of the Democratic Party or Hillary Clinton and did not therefore influence the American election. They asserted that information that came out about the corruption of Hillary Clinton and the Democratic Party was leaked by an insider, not hacked.

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Civil Justice And The Trump Administration

Donald Trump has been critical of the U.S. intelligence community, both as a presidential candidate and as president-elect. He recently said he does not need to receive the presidential intelligence briefing every day, suggesting that such briefings are repetitive and that he is content to rely on those around him on matters of intelligence and national security. Trump’s infrequent briefings to-date are a departure from every modern president except Richard Nixon, who was so skeptical of intelligence agencies that he refused to accept briefings offered by President Johnson, even returning unopened envelopes containing classified material to the CIA.

In Washington DC, the public interest organization the Partnership for Civil Justice Fund has a new message on its website. It reads, in part: “At the PCJF, we stand with all those who are taking those steps forward – steps together – to face down what is coming, to protect those who are most vulnerable, and to make it clear that the people themselves are the force to be reckoned with.”

The PCJF has litigated First Amendment and other cases of constitutional import that have helped preserve and even expand the protections afforded individuals in different jurisdictions.

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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2016 Political Prisoner Pardons 

President of United States under the constitution has the authority to pardon or grant clemency to people after their conviction or even before. This does not include people convicted in state courts, only federal court.  Although the United States denies it, it holds many people as political prisoners.

1. Leonard Peltier – We urge President Obama to grant clemency to Leonard Peltier on humanitarian grounds and in the interest of justice. Peltier was a leader of the American Indian movement in the 1970s. At a confrontation at wounded knee South Dakota between AIM and the FBI two FBI agents were killed.  The FBI had worked with a corrupt tribal leadership to suppress the American Indian movement. At his trial, the prosecution withheld evidence including potential key ballistic evidence. Leonard has served 40 years in prison and is not eligible for hid parole hearing until 2024. His son recently died and he was not allowed to go to the funeral. He is in very poor shape and his health is deteriorating.  Please sign a petition to President Obama at this site.

2. Ethel Rosenberg was electrocuted at Sing Sing prison in 1953 after being convicted of being an atomic bomb spy and part of a ring that gave the secret of the atomic bomb to the Soviet Union.  At that time the government knew she was not a spy. She left two boys ages six and 10.  There was no secret to the atomic bomb, it was a matter of industrial capacity. The famous Rosenberg case was used to stir up the stereo against Russia. A huge body of evidence demonstrates that Ethel Rosenberg was innocent.   Donald Trumps mentor, friend, and attorney Roy Cohn was one of the prosecutors who ruthlessly attacked Ethel and colluded with the judge to have her executed. Listeners can call the Whitehouse at 202-456-1111 or visit this website – Exonerate Ethel, Our Mother

3. Army Sergeant Chelsea Manning has been in Fort Leavenworth prison for six years now, a record for whistleblowers. He was convicted of leaking what has become known as the Iraqi war logs to WikiLeaks, which published them showing the truth about US war crimes in Iraq. Chelsea is a transgendered person whose confinement in an all male prison at Fort Leavenworth has been unusually harsh. This included 11 months of solitary confinement. She has twice attempted suicide. Her sentence is 35 years, the longest ever given to a whistleblower. She has already served more time in prison that any individual in US history who has disclosed information in the public interest. Write or call the Whitehouse.

4. Oscar Lopez, a Puerto Rican political prisoner has served 30 years in prison, convicted of seditious conspiracy – a thought crime involving no actual act – because of his commitment to the independence of Puerto Rico. He was not accused or convicted of causing harm or taking a life. He was sentenced to 70 years and is one of the longest held political prisoners in the world.  Oscar served in Vietnam, Was a wooded a bronze star, and came home to Chicago where he became a talented community organizer. He served 12 years in isolation in a Supermax prison. He comes up for parole when he will be 83 years old. A petition asking President Obama to commute Oscar’s sentence can be found at: Oscar’s Story Here  boricuahumanrights.org

5. Edward Snowden blew the whistle about the USA’s illegal global master valence system. This scandalized the American government and caused it to partially rein in its surveillance for the first time in four decades. This would not have happened but for Snowdens courageous act,  a public service as former Attorney General Eric Holder has admitted. Snowden is facing charges under the espionage act, a world war one law that put another great American hero Eugene Debs in prison for making a speech in opposition to the war.  Snowden should be honored for his action, not forced into exile in Russia. The entire establishment favors prosecuting him. President Obama has wrongly stated that he can’t do anything to help Snowden until he has returned to this country and gone on trial.  A petition urging the president to pardon Snowden can be found here:  pardonsnowden.org

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Law and Disorder December 12, 2016

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DAPL Pipeline Dispatch # 9

The Standing Rock Sioux Indian tribe of North Dakota and their many allies won a tremendous victory on December 4 2016.  They got the oil pipeline stopped, at least for now. It was being built by the Energy Transfer Partners through their sacred lands, without their consultation, in violation of the Treaty of Fort Laramie, and it was planned to be constructed beneath the Missouri River. A Department of the Army announcement stated that it would seek an alternative route for the 1100 mile $3.7 billion project. A break in the pipeline would’ve polluted the drinking water for up to 15 million people. What accounted for this historic victory? What social forces were involved? What is the legal and financial status of the project?

Water Protectors Legal Collective – NLG

Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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Professor WatchList

In the weeks following the presidential election we’ve heard rumblings in the news about a variety of watch lists. Recently a student organization called Turning Point launched a website called Professor Watchlist. It publishes the names, locations and alleged offenses of liberal academics, with the mission to “expose and document college professors who discriminate against conservative students, promote anti-American values and advance leftist propaganda in the classroom.” Offenses may include: using swear words or asserting that racism exists. Members of the public are invited to submit tips.

Guest – Rebecca Schuman, a columnist for Slate and author of Schadenfreude, A Love Story and Kafka and Wittgenstein. Her recent article in Slate, Oh Good, A Professor Watch List, outlines a number of concerns about this development.

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Poet Raymond Nat Turner Black Listed

We welcome back to Law and Disorder political poet . Turner is the poet in residence of the internet site and radio show Black Agenda Report. He and others have come under attack by an outfit called PropOrNot, a shabby group that created a blacklist that include more than “200 outlets, from the right-wing Drudge Report and Russian government-funded Russia Today, to Wikileaks and an array of marginal conspiracy and far-right sites. The blacklist also includes some of the flagship publications of the progressive left, including Truthdig, Counterpunch, Truthout, Naked Capitalism, and the Black Agenda Report, a leftist African-American opinion hub that is critical of the liberal black political establishment.”

Guest – Raymond Nat Turner, currently Poet-in-Residence at Black Agenda Report, Turner has been the opening act for such people as James Baldwin, Cynthia McKinney, radical sportswriter Dave Zirin and Congresswoman Barbara Lee after her lone vote against attacking Afghanistan.

Law and Disorder November 26, 2016

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The Trump Administration And The Current Police State Apparatus

The movement for social change in the United States has been growing and accelerating in the last five years with the Occupy Movement, Black Lives Matter and now the large encampment and protest of Native Americans and their allies protecting our water in North Dakota. Half of American young people under the age of 29 say they would prefer Socialism. Bernie Sanders, running as a democratic socialist, had received more than 13 million votes. It is a time of great possibilities and simultaneously a time of great danger with the election of Donald Trump. What is the state of democratic rights as we go into the Trump era? Because of the policies of George W. Bush and Barack Obama  Americans are the most spied upon people in the history of the world with government surveilling every keystroke on their computers, social media,  and every email they send.  The ancient right of habeas corpus has been compromised allowing for indefinite detention of American citizens, military commission trials, and imprisonment offshore in Guantánamo Cuba. Extra- judicial assassinations are a regular practice, with American citizens being targeted and killed by drone strikes. Torture carried out by the CIA and private contractors has gone unpunished. The Posse Comitatus Act has been abolished and now the US military will be allowed to perform police functions inside United States.  The police force itself has been militarized and given military grade weapons.  What can the movement for social change expect from the Trump administration?

Guest – Attorney Baher Azmy, Legal Director of the Center for Constitutional Rights. He directs all litigation and advocacy around issues related to the promotion of civil and human rights. At CCR, he has litigated cases related to discriminatory policing practices (stop and frisk), government surveillance, the rights of Guantanamo detainees, and accountability for victims of torture. Baher is currently on leave from his faculty position at Seton Hall University School of Law, where he taught Constitutional Law and directed the Civil Rights and Constitutional Litigation Clinic.

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DAPL Protests Attacks: Oceti Sakowin Encampment

A week ago Sunday the water protectors numbering in the thousands including members of more than 100 Native American tribes at Standing Rock, North Dakota were brutally attacked for over six hours by police and  private security.   They have been camped in the freezing North Dakota weather attempting to halt the construction of a 1200 mile oil pipeline that is scheduled to go through sacred Indian lands and beneath the Missouri River and then through South Dakota, Iowa, and into Illinois. Pipelines frequently break and if and when this one does it will contaminate the water supply of some 15 million people.  Water from the river was sprayed on the protesters in 26° weather causing many of them to get life threatening hypothermia.  Rubber bullets were also shot at the protesters. A long-range sound cannon was employed to disorient them and mace was sprayed in their faces. Several hundred people were injured and more than 100 were arrested.  Although President Obama could stop the pipeline he has so far put off ruling on it’s legality or safety.  The 3.8 billion-dollar pipeline is owned by the energy transfer partners company, an outfit in which  Donald Trump has a large investment. The Norwegian government bank  has recently  pulled out of the project and if the pipeline is not completed soon other investors may bail jeopardizing the entire project. Oectisakowincamp.org

Guest – Angela Bibens, an attorney from Denver, Colorado, Angela practices criminal, juvenile and family law with a specialty in the Indian Child Welfare Act.  She earned her law degree from the University of Denver Sturm College of Law in 2006.  She is a wife and mother of three.  Angela has been the ground coordinator for the Water Protector Legal Collective at Oceti Sakowin Camp near the Standing Rock Sioux Tribe for the past three months.

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Campaign to Bring Home Mumia Abu-Jamal & Inside the Activist Studio 

The New York-Based activist group, the Campaign to Bring Mumia Home, is filming the second episode of an innovative project, Inside the Activist Studio on December 6 at the Schomburg Center for Research in Black Culture. Inspired by the popular television series, Inside the Actors Studio, its inaugural show featured a profile of Sekou Odinga.

The second episode features an interview with longtime activist Ramona Africa, of the MOVE Organization. Ramona was the only adult survivor of the police bombing of the MOVE home in West Philadelphia on May 13, 1985. The bombing caused a fire that the fire department initially allowed to burn and that killed 11 MOVE members, including five children. It devastated the 6200 block of Osage Avenue, destroying 61 homes and damaging many others.

Guest –  Professor Johanna Fernandez, is a native New Yorker. She received a PhD in History from Columbia University and a BA in Literature and American Civilization from Brown University. Professor Fernández teaches 20th Century U.S. History, the history of social movements, the political economy of American cities, and African-American history. She has previously taught at Carnegie Mellon University in Pittsburg, PA and Trinity College in Hartford, CT and is, most recently, the recipient of a Fulbright Scholars grant to the Middle East and North Africa that will take her to Jordan in spring 2011, where she will teach graduate courses in American History.

Guest – Ramona Africa, Minister of Communication for the MOVE organization.

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Law and Disorder November 14, 2016

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Uprooting Entrenched Systems of Power: Chris Hedges

On the morning after the US presidential election, we spoke with Chris Hedges. Chris has written several best-sellers including Wages of Rebellion, The Moral Imperative of Revolt, Empire of Illusion, Days of Destruction, Days of Revolt and War Is A Force That Gives Us Meaning.  In this interview, Chris provides an analysis of entrenched systems of power and shares his thoughts on how we all move forward to challenge a new series of repressive measures.

Guest – Chris Hedges,  author and journalist, who publishes weekly on Truthdig. He’s written 11 books, including New York Times best seller “Days of Destruction, Days of Revolt” (2012), which he co-authored with the cartoonist Joe Sacco. Other books include “Death of the Liberal Class” (2010), “Empire of Illusion: The End of Literacy and the Triumph of Spectacle” (2009), “I Don’t Believe in Atheists” (2008) and the best selling “American Fascists: The Christian Right and the War on America” (2008). He’s a former war correspondent, specializing in American and Middle Eastern politics and societies.

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Syrian Proxy Wars 2016

The horrific situation in Syria is something that the American people don’t know much about. Anti-war movement activists suffer from a lack of decent reporting. Some of the issues we’ll examine are – Is it a proxy war between Middle Eastern governments? Can Isis be reigned in? Should Assad go? Is that any of “our” business? Finally, should the American peace movement be promoting the goal of a weapons of mass destruction free Middle East?

Guest – Phyllis Bennis directs the New Internationalism Project at IPS, working as a writer, activist and analyst on Middle East and UN issues. She is also a fellow of the Transnational Institute in Amsterdam. In 2001 she helped found and remains active with the U.S. Campaign to End the Israeli Occupation. She works with many anti-war organizations, and writes and speaks widely across the U.S. and around the world as part of the global peace movement. She has served as an informal adviser to several top UN officials on Middle East and UN democratization issues.

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Attorney Jeff Haas: Dakota Access Pipeline Dispatch #5

Construction of the Dakota Access Pipeline continues. Two weeks have passed since we last spoke with Attorney Jeff Haas who has been representing the Native Americans and the protesters at Standing Rock. A lot has happened. The company is hellbent in getting that pipeline done and they’ve built it all the way up to the river, even though they don’t have a permit for going under the river yet.

The pipeline goes from North Dakota to South Dakota to Iowa. Winter is setting in. There are 5000 people encamped there. On October 27, 2016 with a huge military force. The governor and the armored police tried without success to roll things back.

Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Guest – Lyla June Johnston, a writer, a Dine, Chayenne and Scandinavian poet

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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Law and Disorder October 31, 2016

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Green Party Vice Presidential Candidate Ajamu Baraka

Here on Law and Disorder we continue our interviews with candidates other than the two major parties. This week we talk with Green Party Vice Presidential Candidate Ajamu Baraka.

Guest – Ajamu Baraka is a longtime activist, veteran of Black Liberation Movement, Human Rights defender, Former founding director of US Human Rights Network, currently Public Intervenon for Human Rights with Green Shadow Cabinet, member of Coordinating Committee of Black Left Unity Network and Associate Fellow at IPS.  He’s on a long time board member of the Center for Constitutional  Rights and a human rights defender whose experience spans three decades of domestic and international education and activism, Ajamu Baraka is a veteran grassroots organizer whose roots are in the Black Liberation Movement and anti-apartheid and Central American solidarity struggles. Black Agenda Report

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The Connecticut Four

More than ten years ago four librarians in Connecticut fought back after FBI agents handed them National Security Letters seeking library records under the PATRIOT Act, and warned them it was a criminal offense to discuss it with anyone. The letter demanded that the librarians identify patrons who had used library computers online at a specific time a year earlier. Four librarians challenged the legality of the request in a lawsuit, represented by the ACLU. A year later the government withdrew the demand for information and the gag order. The media dubbed them “the Connecticut Four.”

Recently they have reunited to draw attention to attempts by the U.S. Senate to expand the amount and kinds of information that the government may compel libraries and others to divulge. It could force librarians to give the FBI transaction records, such as email metadata, links clicked on to access other websites and the length and time of Internet search sessions.

Guest – George Christian, executive director of the Library Connection and one of the four Connecticut librarians gagged by the FBI. The four librarians, members of the Library Connection, sought help from the ACLU after the FBI demanded patron records through a National Security Letter.

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The Bronx 120

Just before 5 in the morning on April 27, 700 law enforcement officers conducted the largest gang raid in NY history in the Williamsbridge section of the North Bronx. Prosecutors used the 1970 RICO Act, and 78 young men averaging 24 years in age were arrested and indicted 120 on conspiracy charges. All are being detained collectively for 8 murders and firearms and drug charges dating back two decades. In one apartment, more than a dozen police threw flash-bang grenades and broke down the front door with assault weapons aimed at Paula Clarke and her two daughters, then forced them to crawl down their hall on all fours toward the officers.

At a press conference, police characterized the young men as “the epitome of organized crime today.” Cooperating federal agencies included the DEA, the ATF, the US attorney general, and ICE’s Homeland Security Investigations. Community members question this portrayal, saying the young men were not highly organized gangsters terrorizing a community; they lacked money and weapons and were living at home with their parents.

Critics claim that applying RICO to to street gangs has racist implications. Under RICO, individuals can be found guilty by association. Despite gang-related crime accounting for less than 2 percent of city crime, two weeks after the raid, James O’Neill, now NYPD Commissioner, promised 20 more raids before July 4.

The department quadrupled its gang division by launching Operation Crew Cut in 2012. A 2014 initiative has spent over $64.6 million on surveillance cameras and singled out 15 projects as high-crime zones; at least ten of those projects have experienced police raids.

Guest – Cindy Gorn is a former teacher of Urban Studies at Hunter College and a member of the Incarcerated Workers Organizing Committee.