Law and Disorder October 11, 2021

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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Law and Disorder September 20, 2021

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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

Retired Florida U. S. Senator Bob Graham was the head of the US Senate intelligence committee and also  the chairman of the 9/11 commission of inquiry. He is the leading person trying to get President Obama to release to the public the suppressed 28 pages of the 911 report which have been hidden. Senator Graham contends that the 19 hijackers, 15 of whom who were Saudi Arabians,  could not have pulled off the operation alone and that in fact they were part of a support network involving the Saudi Arabian monarchy and government which helped plan, pay for and execute the complicated 911 plot which, says Senator Graham, would have otherwise been impossible to accomplish. Senator Graham has written the book Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror. It provides a candid insight to the workings of the US in Saudi relations and their implications on US foreign-policy making as it pertains to the middle east and bags tension, contemporary geopolitics.

Guest – Senator Bob Graham, is the former two–term governor of Florida and served for 18 years  in the United States Senate. This is combined with 12 years in the Florida  legislature for a total of 38 years of public service. As Governor and Senator,  Bob Graham was a centrist, committed to bringing his colleagues together behind  programs that served the broadest public interest. He was recognized by the  people of Florida when he received an 83% approval ranking as he concluded  eight years as Governor. Bob Graham retired from public service in January  2005, following his Presidential campaign in 2004.

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“I Have Nothing to Hide” and 20 Other Myths About Surveillance and Privacy

Should we give up our privacy all together because we think we have nothing to hide? This is the perhaps the most pervasive of the myths about surveillance and privacy that Heidi Boghosian explores in her new book titled I Have Nothing to Hide and 20 Other Myths About Surveillance and Privacy.

Other popular misconceptions detailed in the book include the notion that surveillance makes the nation safer, no one wants to spy on kids, police don’t monitor social media, metadata doesn’t reveal much about me, Congress and the courts protect us from surveillance, and there’s nothing I can do to stop surveillance.

Privacy is a fundamental right, and one that we often take for granted in the digital era. In her new book from Beacon Press, Heidi debunks some of the reasons these myths have evolved and why we unquestioningly believe them. She warns of the dangers they present to our freedoms and suggests ways to protect ourselves from the government and corporations.

Guest – Attorney Heidi Boghosian is a New York City attorney, activist, and nonprofit director. She currently runs the A.J. Muste Memorial Institute, a charitable organization providing support to activist organizations. Before that she was executive director of the National Lawyers Guild. Her book I Have Nothing to Hide: And 20 Other Myths About Surveillance and Privacy was published in July 2021 (Beacon Press) and her earlier book Spying on Democracy was published in 2013.

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Law and Disorder September 6, 2021

 Alison Cornyn: The Incorrigibles

People in America are currently living through multiple crises. The economy is in tatters with unemployment very high. The health situation is a disaster with over a third of 1 million people dead from Covid and tens of millions uninsured.

The educational system has been ravaged, underfunded, inflicted with charter schools. Billionaire right-wing secretary of Education Betsy DeVos has only recently resigned. Almost half of the population is living in poverty. Families are in bad shape with suicides, drug addiction, and divorces soaring. Many don’t have enough food and homelessness is rapidly increasing. All this within the framework of a divided society, deeply impacted by racism.

How does this affect young people? And especially rebellious teenage girls? What laws apply to young people? How are they treated in a criminal justice system, historically and currently? What do we know about the level of abuse and neglect including sexual abuse?

Guest –  Alison Cornyn, is a Brooklyn-based interdisciplinary artist, activist, and educator. She has focused her career on social justice issues. A special interest of Allison Cornyn’s has been the criminal justice system treatment of “wayward” teenage girls. She has focused her career on social justice issues and teaches in New York at the School of Visual Art’s Design for Social Innovation Program.

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Surveillance State and Tor

As computer technology has evolved and communications providers have profited, law enforcement and government intelligence organizations increasingly lobby to mandate that data services be engineered to allow them “back door” access to encrypted data.

Even as expansive anti-terrorism legislation provides more ways for the government to harvest our personal data, calls still continue for regulation of technology to ensure extra access channels. With each high-profile criminal attack, on U.S. soil or elsewhere across the world, government efforts to access personal communications gain momentum.

Years ago, many considered TOR, software that enables anonymous communication, to be equivalent to the Dark Net, the nefarious sites and services accessible on the Tor network that promote/enable illegal activity such as drug and gun marketplaces. After Edward Snowden’s massive data release, however, TOR use in the last year has grown quickly.

Guest – Shari Steele, Executive Director of the Tor Project. As the former director of the Electronic Frontier Foundation, Shari built it into the nation’s preeminent digital rights organization.

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Law and Disorder August 16, 2021

 

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 CIA as Organized Crime: How Illegal Operations Corrupt America and the World

In 1947 Congress passed the National Security Act which led to formation of the National Security Council and, under its direction, the CIA. Its original mandate was to collect and analyze strategic information for use in war. Though shrouded in secrecy, some CIA activities—such as covert military and cybersecurity operations—have drawn public scrutiny and criticism.

In 1948 the Security Council approved a secret directive, NSC 10/2, authorizing the CIA to carry out an array of covert operations. This essentially allowed the CIA to become a paramilitary organization. Before he died, George F. Kennan, the diplomat and Cold War strategist who sponsored the directive said that “in light of latter history, it was the greatest mistake I ever made.”

Since NSC 10/2 authorized violation of international law it also established an official policy of lying so as to cover up the lawbreaking.

Guest – Douglas Valentine, author of The CIA as Organized Crime: How Illegal Operations Corrupt America and the World. Mr. Valentine’s rare access to CIA officials has resulted in portions of his research materials being archived at the National Security Archive, Texas Tech University’s Vietnam Center and John Jay College. He has written three books on CIA operations, including The Phoenix Program which documented the CIA’s elaborate system of population surveillance, control, entrapment, imprisonment, torture and assassination in Vietnam. His new book describes how many of these practices remain operational today.

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Law and Disorder July 26, 2021

Charges Dropped Against Pipeline Activists

The climate movement won a significant victory on July 13 when all charges were dropped against 16 pipeline protesters and a journalist. The local district attorney in Saint Martinsville, Louisiana rejected all criminal charges and vowed not to prosecute them for alleged violations of Louisiana’s anti-protest amendments to their critical infrastructure law.

The Bayou Bridge pipeline is the tail end of the infamous 1172 mile long Dakota access pipeline which brings dirty oil from North Dakota to the Gulf of Mexico. The end of the pipeline runs from Texas to Louisiana.

In 2018, in the midst of fierce opposition to the Bainbridge Pipeline and at the urging of an industry association to Louisiana legislator added pipelines to the definition of critical infrastructure to significantly raise the penalties for people protesting pipeline project. Those found guilty could be punished with five years in prison with or without hard labor.

This critical infrastructure law is part of a national effort to crack down an environmental activists across the US. The law in Louisiana was adopted from model legislation put forward by ALEC, the corporate funded politically conservative group. Similar legislation aimed at pipeline protesters has been introduced more than 23 times in 18 states since 2017 and is in effect in 15.

Karen Savage, an independent journalist who was arrested, said that “the first amendment guarantees water protectors the right to protest and protects my right as a journalist to report those protest without fear of retribution.“

Guest – Anne White Hat, one of the people arrested and charged under the law.  Whitehat Botanicals

Guest – Attorney Pam Spees, one of the team of attorneys that handled the criminal defense case. She’s also representing Anne White Hat in a case challenging the constitutionality of the Louisiana law. Whitehat v. Landry

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Continued Erosion Of Voting Rights In The United States

We are in the middle of a second great disenfranchisement in America. The first was after the Civil War reconstruction ended and Black people were stripped of their right to vote and their ability to hold office. This disenfranchisement lasted almost 100 years until the modern civil rights movement of the 1960s.

Legislatures in Republican run states are imposing new voting restrictions particularly on non-white voters. The Brennan Center found that as of June 20th, 17 states enacted 28 new laws restricting the ability to vote since the start of the year.

Republican run states hastened to restrict voting by mail and in person, voting hours and locations, and the implementation of voter registration and voter ID requirements.

Georgia banned giving food or water to voters waiting in long lines, lines that were caused by reduced access to ballot casting locations in Black precincts. They get away with this by raising the imaginary problem of voter fraud.

The Supreme Court has six reactionary judges and three liberals. Three of the reactionaries were added to the court by Donald Trump. The reactionaries recent decision in Brnovich v Democratic National Committee delivered a huge hit to American democracy, such as it is. The decision makes the Court look like an obvious political institution where justices are simply partisan politicians with robes.

In the recent Brnovich decision, the court eviscerated the strongest remaining sections of the Voting Rights Act rights of 1965 which held that election laws and voting rules that actually had a racially discriminatory impact could be blocked.

The first major blow to the voting rights act was in 2013 when the court held in Shelby versus Holder that federal authorities could no longer block regressive new election laws or voting rules in jurisdictions with histories of discrimination.

“Effectively, most of the Voting Rights Act is now dead,” declared Hamlin University scholar David Schultz who specializes in elections.

Guest – Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught from 1991-2016, and a former president of the National Lawyers Guild. She lectures, writes, and provides commentary for local, regional, national and international media outlets. Professor Cohn has served as a news consultant for CBS News and a legal analyst for Court TV, and a legal and political commentator on the BBC, CNN, NPR, and other major stations.

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Law and Disorder July 19, 2021

 

Source For The Intercept Outed, Faces 10 Years In Prison

In 2019 the Department of Justice indicted Daniel Hale—a former intelligence analyst for the U.S. Air Force and NSA—for giving classified national defense information to Jeremy Scahill for the online publication The Intercept. The events in question took place between 2013 and 2015. In late March, Daniel pleaded guilty to one count of violating the Espionage Act, punishable by up to 10 years in prison. He is scheduled to be sentenced by U.S. District Judge Liam O’Grady on July 27, 2021.

Hale was named as the source of several documents that revealed grave government wrong-doing, much related to the Obama administration’s expansion of the drone war and other counterterrorism programs that lacked adequate oversight and have brought about as yet unknown numbers of civilian deaths abroad. One document published in the Intercept in 2014 revealed that most of the individuals in the government’s terror suspect database had no affiliation with any terror group.

Many have criticized the Intercept for its failure of source protection. As we recently covered in an interview with Reality Winner’s attorney, The Intercept’s lapses resulted in her identifying information being shared by the Intercept with the government.

StandWithDaniel

Guest – William Neuheisel, the Development and Program Manager for the Whistleblower and Source Protection Program, (WHISPeR), at ExposeFacts. William brings nearly a decade of marketing, communications, and development experience to WHISPeR as well as an expertise and passion for privacy, civil liberties, and First Amendment advocacy.

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Aerial Investigation Research Pilot Program And Persistent Tracking

As the nation erupts in protests against racially-infused police violence, the Baltimore Police Department has just launched a six-month, day-time aerial surveillance experiment. A Texas billionaire has funded the project that is being operated by an Ohio-based company, Persistent Surveillance Systems. The plane flies overhead and records the movements of everyone in the city.

Michael Harrison, Baltimore Police Commissioner, has justified the nearly $4 million experiment by saying, “There is no expectation of privacy on a public street, a sidewalk.”

The Aerial Investigation Research Pilot Program is, by contract, limited to monitoring such felony crimes as robberies, car jackings, shootings and homicides. Images recorded are, in theory, to be used solely in criminal investigations and will be stored for 45 days. A first prong of the program was conducted covertly in 2016 under a different police commissioner.

The ACLU of Maryland calls this initiative the most comprehensive surveillance of a U.S. city in history. ACLU Senior Staff attorney David Rocah said, “It’s the virtual equivalent of having a police officer follow a resident every time they walk out the door, and if that happened in real life, all of us would understand the huge privacy implications in doing that.”

Guest – ACLU Senior Staff attorney David Rocah has worked on a number of significant cases involving free speech, police misconduct, privacy, election law and more. In 2011 he was an inaugural recipient of the James Baldwin Medal for Civil Rights. David previously worked as a Senior Trial attorney in the Civil Rights Division at the US Dept of Justice, focusing on police misconduct and conditions in prisons, jails and other state institutions.

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