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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Law and Disorder March 29, 2021

Moving The Bar: My Life As A Radical Lawyer

Michael Ratner’s memoir Moving The Bar: My Life As A Radical Lawyer will be available at OR Books. As listeners know, Michael Ratner was one of the most important civil rights attorneys in our era. He spent his life fighting on behalf of those who state and empire sought to crush, from the leaders of the prison uprising at Attica to Muslim prisoners held in Guantanamo, to Julian Assange.

Michael Ratner (1943–2016) worked for more than four decades at the Center for Constitutional Rights becoming first the Director of Litigation and then the President of what Alexander Cockburn called “a small band of tigerish people.” He was also the President of the National Lawyers Guild. Michae Ratner handled some of the most significant cases in American history. This book tells why and how he did it. His last case, which he worked on until he died, was representing truth-telling whistleblower and now political prisoner Julian Assange, the editor of WikiLeaks. Ratner “moved the bar” by organizing some 600 lawyers to successfully defend habeas corpus, that is, the ancient right of someone accused of a crime to have a lawyer and to be brought before a judge. Michael had a piece of paper taped on the wall next to his desk at the CCR. It read:

Four Key Principles Of Being A Radical Lawyer:

1. Do not refuse to take a case just because it is long odds of winning in court.
2. Use cases to publicize a radical critique of US policy and to promote revolutionary transformation.
3. Combine legal work with political advocacy.
4. Love people.

We hear interviews about Michael Ratner with Chris Hedges’s show On Contact, Attorneys Eleanor Stein, Richard Levy and David Cole.

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Law and Disorder March 1, 2021

  • Commentary By Attorney Jim Lafferty: Christian Nationalism

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Activists Face Felony Charges In Action Denouncing Elijah McClain Murder

On September 17, 2020 at least six anti-racist activists were arrested in an action denouncing the Colorado police, notably for the murder of Elijah McClain. In the summer of 2019, three Aurora Colorado police officers put 23-year-old McClain in a chokehold and medics injected him with ketamine. The young violinist and massage therapist went into cardiac arrest, was pronounced brain dead, and died three days later.

The social justice activists now face a litany of felony charges, and possible decades in prison, on charges that include “kidnapping.” Four of those arrested — Russel Ruch, Lillian House, Joel Northam, and Eliza Lucero — are considered protest leaders and are members of the Party for Socialism and Liberation.

Police made a spectacle of the arrests, sending what many assert is a threatening message to other activists. Police followed Russel Ruch to Home Depot where they arrested him in the parking lot; five police cars surrounded Lillian House as she was driving; and a S.W.A.T team was dispatched to Joel Northam’s home. According to the 30-page arrest affidavits, the police used livestream footage, call transcripts, and social media posts to build a case against those arrested.

Guest – Lillian House, one of the four protest leaders. More information at Denverdefense.org

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The Current Risk of Nuclear War And Treaty Restoration

When Donald Trump was president, the Democrats called him Putin‘s poodle. They falsely claimed that Russia influenced the election and caused Hillary Clinton to lose to Trump. Clinton famously said “all roads lead to Russia.“

But the truth of the matter was quite different. Despite Trump seemingly adoration of Vladimir Putin as a strong man, American policy towards Russia was not completely friendly. The question now is what will Biden do?

The risk of nuclear war with Russia has been a grave concern since the cold war of the 1950s. Under Presidents Donald Trump and Barack Obama  American nuclear policies were such that the threat of war including accidental war was never reduced. With Biden as president will this change? Will there be a restoration of nuclear treaties and a de-escalation.

Guest – Ray McGovern former CIA intelligence analyst, Ray briefed President George H. W. Bush every morning on intelligence matters, particularly with respect to Russia. He is a founder of VIPS, Veteran Intelligence Professionals for Sanity and a contributor to the blog Common Dreams.

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Law and Disorder January 25, 2021

  • GTMO Commentary By Lawyers Guild Show Host Jim Lafferty
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Brian Becker on Inauguration Protests, Security and Reform

Americans have protested incoming presidents throughout history, starting in the 19th century. Four years ago, thousands descended on the nation’s capital this to protest Donald Trump’s inauguration, and more than 200 were arrested. The day before President Woodrow Wilson took office in 1913, up to 8,000 women marched down Pennsylvania Avenue in what one historian says was likely the first large-scale inauguration protest. The suffragists, who’d gotten a parade permit, were pushed, spat upon, and beaten. Many women were hospitalized, and the treatment of the women led to the firing of the capital’s police chief.

In 1969, anti-war protesters threw burning miniature flags and stones at police during Richard Nixon’s inauguration. During Nixon’s 1973 inauguration, a ‘massive anti-war protest was staged at the Lincoln Memorial, with an estimated 100,000 people were present and participated in a “March against Death.” 80 Congressmen joined the demonstrations and boycotted the inaugural ceremonies.

The demonstrations at Bush’s inauguration in 2001 were the first major protests at a presidential inauguration since the protests against Nixon in 1969 and 1973. At least 20,000 people demonstrated in the capital and along the inaugural parade route in defiance of the Supreme Court ruling in Bush v. Gore. “Selected not elected” and “Hail to the thief” were some of the slogans on signs at the protest. Four years later, more than 1,000 demonstrators were at Bush’s inauguration, largely to protest the Iraq war, as the president was sworn in for his second term.

Two weeks before the Biden inauguration, Trump-loving lawbreakers  ransacked the Capitol building. Combined with the COVID pandemic, last week’s inauguration was pared down, and a ring of law enforcement encircled the metropolis.

Guest – Brian Becker, director of the ANSWER Coalition and host of The Socialist Program podcast.

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A Path Forward: Professor Jack Rasmus

The word “chaos“ best describes the current American situation. Public health, an economic disaster, institutional racism, and political turbulence were rampant as Trump vacated the White House. America leads the world in the number of COVID-19 cases. The number of deaths, which are now over 400,000, are mounting rapidly.

The economy is in terrible shape.. Perhaps 20 million people are unemployed. Small businesses are shuttered. Millions face eviction. Hunger is rampant, especially among children. What does the future hold? Are we really free of Trump and Trumpism? What will Biden do?

Centrist Democrats like Biden, since the remaking of the Democratic Party beginning with neo-liberal Clinton, have not vigorously defended the social gains secured in the 1930s with the Roosevelt New Deal. Will Biden defend these? Will he extend them?

Can he do this by governing from the center?What does his proposed $1.9 trillion rescue package consist of? Will Bidens proposals hold up in Congress? Is there more needed?

Guest – Dr. Jack Rasmus, he holds a PhD in political economy and teaches at Saint Mary’s College in California. Professor Rasmus has written numerous books and articles on economics and is the host of the weekly radio show “ Alternative Visions“ on the Progressive Radio Network.

 

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Law and Disorder January 11, 2021

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

 

 

Law and Disorder January 4, 2021

  • Commentary On The 2020 Election By Attorney Jim Lafferty

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Lawyers You’ll Like: Professor Holly Maguigan

In our Lawyers You’ll Like series we’re joined by Professor Holly Maguigan, Professor of Clinical Law at the New York University School of Law, where she teaches Comparative Criminal Justice Clinic: Focus on Domestic Violence and Evidence. Professor Maguigan is an expert on the criminal trials of battered women. Her research and teaching is interdisciplinary. Professor Maguigan is a member of the Family Violence Prevention Fund’s National Advisory Committee on Cultural Considerations in Domestic Violence cases. She serves on the boards of directors of the National Clearinghouse for the Defense of Battered Women and the William Moses Kunstler Fund for Racial Justice. She is a past co-president of the Society of American Law Teachers, the largest membership organization of law professors in the U.S.

Professor Holly Maguigan:

  • I was doing medieval history and I was at Berkeley. It was 1967 and Oakland stopped the draft.
  • I got very interested in the anti-war politics.
  • I hated lawyers. I really hated lawyers. They were boring. They talked about themselves all the time. They only had stories about their cases and how great they were and they would never post bail when people got arrested.
  • The University of Pennsylvania in Philadelphia is where I stayed for 17 years.
  • First I started out as a public defender. I loved being a public defender, it was the beginning and end of everything I hoped it would be.
  • That’s where I met David Rudovsky and David Kairys. They were then defenders while I was a student.
  • After they went out on their own, they kept inviting me to join them. I kept putting it off because I loved being a defender so much.
  • In Philadelphia there was much more actual litigation, not just motion litigation there’s a lot of that here in New York City but actual trials.
  • You had a sense, there was an analysis that people were doing life on the installment plan and you needed to do what you could to kick them loose any particular time.
  • It was a community in its own odd way and I found it difficult to leave it.
  • I was doing major felonies within a couple of years.
  • David Kairys was very focused on constitutional litigation and government misconduct. He did the Camden 28 which was a big draft resistance case.
  • My interest was more into criminal defense.
  • Grand juries (all over the country) convened to investigate the alleged transportation of Patty Hearst by the SLA from California where she had been captured.
  • He was a killer. (Frank Rizzo) There was no question. More people died in police actions before or since.
  • I don’t mean to suggest that all the police started out as homocidal. This was a situation which from the top down came the message if you’re a good cop then you’re going to take people out however you think you need to.
  • I knew about race and class bias in the court room as much as a white woman who was middle class could know.
  • I was just blown away by what happens when you add hatred of women to hatred of black people and hatred of poor people.
  • Judges would go by me in the hall and say Maguigan, ahem, you didn’t give me anything this Christmas, not even one lousy bottle, you’re not getting any assignments.
  • Judges would do things, like open the drawer in their chambers, and there would be wads of bills, and they’d let you know.
  • I developed a specialty on women who kill men.
  • In the early eighties a group in Philadelphia called Women Against Abuse began working and they did advocacy for battered women accused of crime and meant a huge difference.
  • The battered women cases I was working on were quite consuming because people then didn’t know very much in how to try these cases.
  • The judges expected you to plead insanity or guilty. Reasonable doubt was a consideration at sentencing not at trial.
  • There were cases that did require teams. There was no question.
  • I wanted to be in court. I wanted to be in the presence of that conflict between the authorities and regular people.
  • I went to NYU where I taught in the criminal defense clinic for many years.
  • To see students react to the great stories their clients have is just amazing.
  • SALT (Society of American Law Teachers) is about who gets into law school, what they learn and who teaches them. It’s about access to justice. It’s about relating to law school as a place where you train people to do social justice.  SALT’s focus is on students and teaching.
  • Holly Maguigan to be honored by Society of American Law Teachers.

Guest – Professor Holly Maguigan teaches a criminal defense clinic and one in comparative criminal justice as well as a seminar in global public service lawyering and a course in evidence. She is an expert on the criminal trials of battered women. Her research and teaching are interdisciplinary. Of particular importance in her litigation and scholarship are the obstacles to fair trials experienced by people accused of crimes who are not part of the dominant culture. Professor Maguigan is a member of the Family Violence Prevention Fund’s National Advisory Committee on Cultural Considerations in Domestic Violence cases. She serves on the boards of directors of the National Clearinghouse for the Defense of Battered Women and the William Moses Kunstler Fund for Racial Justice. She is a past co-president of the Society of American Law Teachers, the largest membership organization of law professors in the U.S.