Law and Disorder June 28, 2021

Building Support To Free Wikileaks’ Julian Assange

Whistle blowing Australian journalist and the publisher of WikiLeaks Julian Assange sits in a jail cell in solitary confinement in London’s infamous Belmarsh prison. There he awaits the decision of the British High Court as to whether at the behest of the Trump and now Biden administrations he will be extradited to the Eastern District of Virginia to stand trial on 17 counts of espionage under the recently resurrected 1917 Espionage Act which was originally enacted to be used against spies. He will certainly be sentenced to imprisonment for the rest of his life at a super maximum-security prison where communications with the outside world will be cut off.

His case is on appeal to the British High Court. At the recent extradition hearing British magistrate Vanessa Baraitser ruled in favor of the United States on all 17 counts of espionage lodged against him by the Trump administration. She did however rule that Julian Assange would be subjected to terrible conditions in American maximum-security prison and therefore should not be extradite. The Biden administration has appealed this ruling.

The charges Assange faces are a major threat to press freedom. James Goodale, who represented the New York Times in the Pentagon papers case, commented, “The charge against Assange for “conspiracy” with a source is the most dangerous I can think of with respect to the first amendment in all my years representing media organizations.”

It is crucial to build support for Assange and preventive his delivery into the hands of the Biden administration and its prosecutors.
Julian Assange’s crime was to expose the war crimes, murder, and the inner workings of the American empire to the world press. He might pay for this embarrassment with his life.

Homerun4Julian.com

Guest – John Shipton, Julian’s father who is visiting the United States from his native Australia touring to raise support for his victimized son.

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Take Me To Your Leader: The Rot of the American Ruling Class

We need to know our enemy because the task of changing society begins with understanding who holds power. In 1915 the great Irish socialist James Connolly said, “O, yes! The ruling class are worthy of study. The natural history of the ruling class is a fascinating interest. You begin with interest, you proceed with awe and admiration, you deepen into hatred, and you wind up with contempt for the nature of the beast. You realize that – the capitalist class is the meanest class that ever grasped the reins of power”.  Jacobin magazine’s Spring 2021 issue is devoted entirely to an examination of the ruling class.

Guest – Doug Henwood who has an article in Jacobin titled Take Me To Your Leader: The Rot of the American Ruling Class. Doug Henwood is the editor of Left Business Review and the host of the radio program Behind the News.

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Law and Disorder June 21, 2021

NSA Whistleblower Released From Texas Prison

Former NSA contractor Reality Leigh Winner was released on good behavior from a Texas prison on June 2. In 2017 Winner became the first person prosecuted during the Trump administration on charges of leaking classified information. She was sentenced to 5 years and 3 months in prison and served four years. The 29-year-old will ultimately be transferred to home confinement prior to her full release from custody in November.

Winner, a former Air Force linguist, leaked a top-secret report detailing hacks by Russian intelligence operatives against local election officials and a company that sold voter registration software. She sent it by mail to the online publication The Intercept. Given the document’s significance, Intercept staff sought to authenticate it before reporting on it. Their process of authentication, however, turned out to be deeply flawed because the Intercept sent a pdf scan of the hard copy report to the NSA’s public affairs office which contained clues that then led the government to discover Ms Winner’s identity.

A former Air Force linguist, Reality Winner entered a guilty plea to a single felony count of unauthorized transmission of national defense information in 2018, after being prosecuted for leaking classified information.

Guest – Alison Grinter Allen, who is Reality’s attorney. Alison’s Twitter account

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Channeling the Past: Politicizing History in Postwar America

There is no shortage of aphorisms about history repeating itself when leaders fail to learn from prior mistakes. While a thorough grasp of history is no guarantee that things will go smoothly in the future, it can help gain insight about current conditions, and can inform future actions.

But history is vulnerable to manipulation. Never stagnant, and always subjective, history is constantly being reshaped especially by those with the resources to do so. According to Professor Erik Christiansen, as new channels of mass communication emerged on the heels of World War II, elite communities in the media, commerce, and government mined examples from history to create their own propaganda. Through a range of techniques, aided greatly by television, they advanced their respective agendas, from commerce to politics.

In his book, Channeling the Past: Politicizing History in Postwar America, by the University of Wisconsin Press, Professor Christiansen presents a history of what he calls the usable past in postwar America. He examines several sources of purposely politicized history that put themselves forth as credible citizens history, adapted for the new age.

Guest – Erik Christiansen, professor of history and public history coordinator at Rhode Island College.

Poetry By Raymond Nat Turner – Justice Served / Essential Work

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Law and Disorder May 17, 2021

Steven Donziger Trial: Continued Coverage

As we continue our coverage of human rights lawyer Steve Donziger’s criminal contempt trial, we look back to the origins of case he brought against Chevron Oil. They go back to the late 1960s when Texaco first discovered oil in part of an Amazon rainforest in northeastern Ecuador. The US oil company went on to lord over decades of environmental destruction on a monolithic scale, dumping two or three Exxon Valdez’s worth of oil and toxic byproducts and despoiling an area the size of Rhode Island. Since then, the indigenous tribes in the area have been victims of by cancer and other illnesses caused by the pollution, they say. In 1993, two years after graduating from Harvard Law School, Donziger joined a lawsuit seeking to force Texaco to clean up the mess. In 2000 Chevron purchased Texaco. They spent upward of $1 billion in legal fees defending this case.

Donziger has broad support from celebrities, including Alec Baldwin and Susan Sarandon; dozens of Nobel laureates; and thousands of lawyers and law students globally. A handful of sympathetic Democratic lawmakers, including U.S. Rep. Alexandria Ocasio-Cortez, have written a letter to U.S. Attorney General Merrick Garland, asking him to look into the case. More than 200 attorneys with the International Association of Democratic Lawyers have filed a judicial complaint asking for Judge Kaplan to be taken off the bench.

Conversely, Chevron claims Donziger’s supporters are being duped by a con man. A few conservative outlets have reiterated that narrative. One National Review headline criticized the “Lefty Media” for championing the cause of “History’s Champion Scammer.”

DonzigerDefense.com

ChevronToxico.com 

ChevronInEcuador.com

Guest – Attorney Martin Garbusone of three pro bono lawyers representing Donziger in an attempt to get his law license restored. Garbus has a long and distinguished career as a civil rights and first amendment litigator.

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Above The Law: How Qualified Immunity Protects Violent Police

The 1967 judicially created doctrine of qualified immunity has been so broadly interpreted that it acts as a shield for policeman in all but the rarest of circumstances. Only when the exact same abusive behavior of a cop has already been deemed unconstitutional by a court in the exact same jurisdiction can a victim succeed in a civil lawsuit against an abusive police officer. A plantiff must show that government officials violated clearly established law to receive damages for harm.

The plaintiff wins only if a prior court found an official liable under a nearly identical fact pattern. This standard is virtually impossible to meet and the protections promised under section 1983 civil rights act are therefore largely symbolic.

Guest – Ben Cohen – cofounder and former CEO of Ben & Jerry’s Ice Cream. He is the founder of a variety of advocacy organizations and the author of several books including his latest titled Above The Law: How Qualified Immunity Protects Violent Police.  Ben and his partner Jerry Greenfield are currently helping to lead the campaign to end qualified immunity.

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USPS Announces Closing Of 19 Mail Processing Plants

The US Postal Service advertises the official standard of delivering first-class mail — a typical letter with a 55-cent stamp—within “1-3 business days.” The News Department at WGBH Radio in Boston conducted its own test to see if this still holds true. News reporters and producers sent nearly 100 letters from different places in the metro area at various hours on the same day to their pick of correspondents in 38 states, creating a random sample. The letters were addressed to residents of large cities, suburbs and small towns. The Postal Service flunked the test. A little more than half of the letters arrived within the three-day window.

Slower delivery is just the tip of the Post Office’s problems. Things are going from bad to worse. The Postal Service issued a report titled Delivering for America calling for a reorganization that highlights something called shared sacrifice.

Many consider it an austerity plan to cover for de facto privatization. Critics say the plan will slow the mail, raise prices, and cut services. Since the report was published, the Postal Service announced the closing of 18 mail processing plants that will take place before November. Based on recent history, closing these plants will slow the mail and guarantee there will be problems with mail delivery during the peak season.

Guest – Chuck Zlatkin, legislative director of the New York Metro Area Postal Union.

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Law and Disorder May 3, 2021

  • Attorney Jim Lafferty Commentary: 2021 Cold War

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Journalist Put On FBI Terrorist Watch List Starts Class Action Case

Philadelphia-based journalist Dave Lindorff learned in spring 2019 that he was on the FBI’s Terrorist Watch List, used to require special searches of international fliers from and to the US. The list is readily accessible on computer to all domestic law enforcement agencies and most corporate security departments. Lindorff is about to bring a case against the US government over the list on First Amendment grounds.

Attorney Baruch Weiss, a partner at the major DC law firm, Arnold & Porter, is handling the case on a pro bono basis. Weiss was previously a deputy lead counsel to the Homeland Security Department shortly after it was created in the Bush/Cheney administration. He wants to add to the case any other plaintiffs who have First Amendment grounds for challenging their suspected inclusion on the list before filing the case in federal district court in Philadelphia later this spring, so that it will more likely have an impactful decision if the court finds the list to be unconstitutional.

Examples of First Amendment issues would be a journalist who has written stories that challenge one or another US government agency. If that was followed by a sudden inability to obtain a boarding pass online the day before the flight or being called to the gate on a return flight to the US undergoing a special inspection of person, carry-on luggage and electronics by special security personnel as happened twice to Lindorff. A First Amendment issue might involve being active in a human-rights or antiwar or other anti-establishment protest or advocacy organization and finding it suddenly difficult to obtain early boarding passes or being subjected to lengthy special inspections before being allowed to board a plane.

Guest – Dave Lindorff, contributor to The Nation, and  writes for SalonLondon Review of Books, and Counterpunch. He is founder of ThisCantBeHappening.net. Author of four books, Dave was a 1990s Hong Kong/China correspondent for Business Week.

Stevens Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice by Bruce Levine

The 1861 to 1865 Civil War and the reconstruction period which followed it is widely considered to be the second American revolution. The slave-owning planter class in the south was defeated, at least for a while. Slave labor was abolished, but came back in other forms after reconstruction was crushed by 1877.

The promise of the declaration of independence that all men are equal before the law was fulfilled, at least for a while. Pennsylvania congressman Thaddeus Stevens was the foremost political leader in the struggle, even more than Abraham Lincoln.  Stevens helped to bring about the abolition of slavery and was a leader in the effort during Reconstruct to make the United States a biracial democracy   This wise and eloquent revolutionary has been vilified and rendered rendered obscure during most of the years since he died 153 years ago.

The distinguished historian Bruce Levine in his just published biography of Stevens “Thaddeus Stevens: Civil War Revolutionary, Fighter for Racial Justice” has secured a place for him alongside his contemporary John Brown in the pantheon of American revolutionary figures.

Guest – Bruce Levine, emeritus professor of history at the University Illinois and the author of four previous books on the Civil War era.

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Law and Disorder April 12, 2021

Vaccine Passports, Privacy And Civil Liberties

New York State became the first in the country to premier a Covid-19 vaccine passport. They call it the Excelsior Pass and proponents say it’s a safe and efficient way for people to return to sporting events, concerts, Broadway theaters and other large group settings. You show a QR code proving a recent negative test or full vaccination.

The pass is voluntary and lets New Yorkers upload their official results—from a number of different vaccination sites and labs—into the system to verify that the person holding the pass meets the standards for entry. The state first used the pass at a Buffalo Bills football game in January after which they monitored attendees for 14 days after and discovered “almost negligible” transmission.

Registration in the program requires three pieces of information: Name, date of birth, and zip code. The pass is matched to vaccination and testing records using a series of questions to prevent fraud. When the person arrives at a venue, all they have to do is show a photo ID with their code, which will generate a green check mark at the venue.

New York state officials say they’ve been in close talks with surrounding states about integrating systems, but their neighbors say it’s not the priority. What are vaccine passports and who is considering implementing them? Connecticut, for example says it doesn’t have immediate plans to roll out a vaccine passport, although Governor Ned Lamont has said it’s possible to see private sector solutions if demand grows and if the technology is proven effective.

Guest –  Attorney David J. McGuire, executive director of the ACLU of Connecticut. McGuire also is the chair of the Connecticut Special Advisory Committee to the U.S. Commission on Civil Rights, serves on the state’s Racial Profiling Prohibition Project Advisory Board, and is a member of the Commission on Racial and Ethnic Disparities in the Criminal Justice System.

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Attorney Flint Taylor : Police Brutality And The Derek Chauvin Trial

The cruel and sadistic police murder of George Floyd last June on a Minneapolis sidewalk was videoed by a courageous 17 year old bystander. Her video was viewed by Americans across the country and the world.  It captured Minneapolis police officer Derek Chauvin, smirking, with one hand in his pocket as he knelt for 9 minutes and 29 seconds on George Floyd’s neck. Floyd was handcuffed behind his back and restrained by two other police officers at the time. He begged for his life, called for his mother, and repeatedly said “I can’t breathe!”

Onlookers gathered in protest as the murder progressed but their intersession was of no avail. George Floyd‘s life drained out of him. He lost his pulse. Still Chauvin persisted, kneeling on a dead man. An ambulance came to take away George Floyd’s corpse.

People responded, it was massive and sustained. In some two thousand cities across America 20 million people, white and Black , Black lead, protested in the streets. More than demanding that George Floyd’s killer be brought to justice, they demanded that police departments be defunded, that police be controlled by the community, and that ending police murders of Black people be brought to halt once and for all.

We are now in the midst of the trial of killer cop Derek Chauvin. Millions of Americans are watching the trial. It seems to them that this latest racist police outrage is the culmination of so many past murders. They are asking, what is to be done?

Guest – Attorney G. Flint Taylor is a founding partner of the People Law Office in Chicago starting out over 50 years ago representing the family of Black Panther leader Fred Hampton, Who was assassinated by the Chicago Police Department with the help of the FBI. He has represented numerous police torture survivors during the past 33 years. Taylor was one of the lawyers involved in the struggle for reparations and has chronicled the decade long fight against Chicago police torture in his award-winning book “The Torture Machine : Racism and Violence in Chicago.

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Law and Disorder April 5, 2021

Sensing Injustice: A Lawyer’s Life And The Battle For Change

We are going to spend the entire hour with attorney Michael Tigar to discuss his just published magnificent memoir Sensing Injustice: A Lawyer’s Life And The Battle For Change.

By the time he was 26, Michael Tigar was a legend in legal circles well before he would take on some of the highest profile cases of his generation. In his first US Supreme Court case, at the age of 28, Tigar won a unanimous victory that freed thousands of Vietnam war resistors from prison. Tigar also led the legal team that secured a judgment against the Chilean Pinochet regime for the 1976 murders of dictator Pinochet opponent Orlando Letelier and his colleague Ronnie Moffit in a Washington, DC car bombing.

He then worked with the lawyers who prosecuted Pinochet for torture and genocide. A relentless fighter of injustice, Tigar has been counsel for Angela Davis, Jamil Abdullah Al-Amin (H.Rap Brown). Tigar the Chicago Eight, and leaders of the Black Panther Party, to name only a few.  His book is about stories, people stories of injustice, struggle, and sometimes vindication as he put it. Michael Tigar is a magnificent storyteller with a dry wit and a prodigious memory. Monthly Review link to Sensing Injustice

Guest – Constitutional attorney Michael Tigar, professor emeritus from The Washington College of Law and has taught at the University of Texas and Duke University. He has practice before the Supreme Court, arguing his first case when he was 24 years old. Tigar has written or edited more than a dozen of important books including “Law and the Rise of Capitalism.“ He has worked for over 50 years with movements for social change as a human rights lawyer, law professor, and writer. Since 1996 he has practiced law with his wife Jane B. Tigar. Michael Tigar’s blog Tigarbytes.

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