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 22, 2021

Jodie Foster Plays Attorney Nancy Hollander in The Mauritanian

In 2019 Law & Disorder interviewed Nancy Hollander for our Lawyers You’ll Like series. Nancy secured whistleblower Chelsea Manning’s release in 2017 when President Obama commuted her sentence from 35 to 7 years. Nancy was also an attorney in the landmark Holy Land Five Case. In her law practice she often represents individuals and organizations accused of crimes involving national security.

We also spoke with Nancy in 2018 about her client Mohamedou Ould Slahi, whose release she obtained after he served 15 years in the American offshore prison camp in Guantanamo Bay Cuba, without ever being charged of a crime. Slahi wrote a memoir about his experience in prison called Guantanamo Diary, where he was tortured in ways personally approved by then-Defense Secretary Donald Rumsfeld. Thanks to Nancy Hollander the book was published in 2015 and became an international bestseller. Fast forward to 2021. A new film, The Mauritanian, features Jodi Foster as Nancy. Foster has already won a Golden Globe for her performance, and the film sheds light on Nancy’s tenacious fight to free her client, the secretive prison camp and the illegal practices therein.

Guest – Attorney Nancy Hollander has been a member of the firm Freedman Boyd Hollander Goldberg Ives & Duncan, P.A. since 1980 and a partner since 1983. Her practice is largely devoted to criminal cases, including those involving national security issues. She has also been counsel in numerous civil cases, forfeitures and administrative hearings, and has argued and won a case involving religious freedom in the United States Supreme Court. Ms. Hollander also served as a consultant to the defense in a high profile terrorism case in Ireland, has assisted counsel in other international cases and represents two prisoners at Guantanamo Bay Naval Base. Nancy is co-author of WestGroup’s Everytrial Criminal Defense Resource Book, Wharton’s Criminal Evidence, 15th Edition, and Wharton’s Criminal Procedure, 14th Edition. She has appeared on national television programs as PBS Now, Burden of Proof, the Today Show, Oprah Winfrey, CourtTV, and the MacNeill/Lehrer News Hour.

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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 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 December 28, 2020

  • Commentary On Julian Assange’s Case By Attorney Jim Lafferty

Capital Punishment: Mumia Abu-Jamal And Heidi Boghosian

Journalist and activist Mumia Abu-Jamal spent 40 years on death row in Pennsylvania. As listeners will recall, in 2012 his death penalty sentence was overturned by a Federal Court and he entered general population. While on death row he published 13 books and numerous commentaries on issues of social justice and the carceral state. In a special interview, Mumia joins us to reflect on capital punishment and its relationship to our modern society.

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CCR: A Rights Based Vision for the First 100 Days

Some political skeptics , distrusting of the incoming Biden administration, are saying that it’s “ out with the old in with the older.“ That is that the old neo-liberal crew from the Obama/Clinton days are back in power and that little will change, nothing fundamental.

They are especially concerned about the impending climate catastrophe, systemic racism, the threat of nuclear war, the shifting of wealth from the bottom to the top, and the never ending forever wars. The Center for Constitution Rights has developed a comprehensive program to challenge this. It is called A Rights Based Vision for the First 100 Days.

Guest – Center for Constitutional Rights Advocacy Director attorney Nadia Ben-Youssef, is a graduate of Princeton University and the Boston College of Law. She has worked with the Adalah Justice Project for Palestinian rights In the Negev in southern Israel.

 

 

Law and Disorder October 12, 2020

Pen Pal: Prison Letters From a Free Spirit on Slow Death Row

Tiyo Attalla Salah-El died in 2018 on “ Slow Death Row” while serving a life sentence in a Pennsylvania prison. He was a man with a dizzying array of talents and vocations: author, scholar, teacher, musician, and activist: he was the founder of the Coalition for the Abolition of Prisons. He was also an extraordinarily eloquent correspondent.

Today we are going to talk with his friend Paul Alan Smith about the letters that Smith exchanged with Tiyo which were written over a decade and a half. We will also speak with Paul’s friend the actor Carl Weathers who read the letters for the audiobook. The book is called Pen Pal: Prison Letters From a Free Spirit on Slow Death Row. It has a preface by Mike Africa, Jr.

Guest – Carl Weathers, multi-talented director, actor and former professional football athlete. Carl Weathers learned about the life and letters of Tiyo and read the letters for the audio book version of Pen Pal.

Guest – Paul Alan Smith, an agent and manager representing directors working in both film and TV. He’s most recently known as the founder of New Deal Mfg. Co., which seeks to shift representation to a more client-centric approach, rather than focusing on the needs of corporations.

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Chris Hedges Analysis Of Pre-Election Society In The United States

We are living in extraordinary times. At the same time we face both tremendous danger and extraordinary opportunity. The danger comes from a failed state, a failed racist capitalist state they cannot afford safety let alone opportunity to its citizens. Our opportunity comes from the massive social mobilizations that we have not seen in 75 years. A young generation has risen up. White people are involved with black people who are providing leadership. Perhaps 20 million have taken to the streets.

Trump is desperate and resorts to stoking fear of violence, race baiting, lying, explaining to his followers that all the unrest is due to agitators, antifa, Marxist and socialists.

The Democratic Party has chosen to oppose Trump with Joe Biden. The best you can say about him is that he’s not Trump. He has vowed to veto a medicare for all bill if it comes across his desk and has suggested that police violence could be curbed if they shot people in the legs, not the chest. He is for giving police departments more money. The worst you can say about Biden and the Democratic Party is that they are not a bulwark against fascism.

The big financial backers of the Democratic Party crushed the Sanders campaign indicating they would rather have Trump than a social democrat who would cost them money and raise expectations. Sanders for his part missed his historic moment, twice, when he refused to break from the Democratic Party in both 2016 and 2020.

Instead he performs the function of a sheepdog herding people back into a moribund capitalist party that has nothing to offer as a way out of the combined climate, economic, race, the health crisis, and nuclear annihilation and nuclear annihilation

Guest – Chris Hedges about where we are at, how we got here, and what to do next. Chris Hedges is a Pulitzer Prize winning journalist. He was the foreign correspondent for the New York Times for 15 years and served as middle eastern bureau chief. He is the host of Emmy award nominated RT America show On Contact and the author of numerous books Including America: The Fairwell Tour, Empire of Illusion, and American Fascists: The Christian Right and the War on America.

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Law and Disorder August 31, 2020

Update:

$600M to Settle Flint Water Crisis Litigation

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Julian Assange Update August 2020

President Obama prosecuted and imprisoned more whistleblowers than any other president. But President Trump did one thing that Obama did not do. He indicted Julian Assange for conspiracy under the Espionage Act charging that in 2010 Assange and his publishing organization WikiLeaks released truthful information about American war crimes.

Obama held off making such a charge because the US government has never before gone after a publisher; not even the New York Times for publishing the Pentagon papers.

Assange sits in solitary confinement in the notorious Belmarsh prison in London. He awaits the outcome of the USA’s extradition request.

His partner, Stella Moris, the mother of their two young children said: “Julian is being targeted by the United States for the crime of journalism. He helped expose the war crimes and human rights abuses which the US would have preferred to keep hidden from public view. He revealed the killing of unarmed civilians and the torture of innocent people. No one has been held responsible for the serious crimes Julian has exposed. This extradition aims to entomb and silence him forever.”

He is in bad shape mentally and physically. Nels Melzer, The United Nations Special Rapporteur on Torture visited Julian and reported that he was being tortured by the months on end of solitary confinement. He hasn’t seen his lawyer in five months nor his companion and their two children. He can’t prepare his defense. He was finally given a computer but the keys were glued down. When he last appear in court he could barely pronounce his name. Defend.wikileaks.org

What is at stake is the future of free journalism. Journalists have a right to publish and we, their audience, have a right to learn. This is what the US government is attempting to take away.

Guest – Nathan Fuller, the American head of the London-based Courage Foundation and the director of the newly formed Committee to Defend Julian Assange and Civil Liberties.

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Open Letter To The Anti-Defamation League

The Anti-Defamation League pretends to be a civil rights organization, but the ADL is not an ally. It has a legacy of supporting racist policing, surveillance, colonialism and the silencing of social justice activism. It has branded itself as a civil rights organization in ways that conceal and legitimatize is right wing activities, undermined the rights of Black, immigrant, queer, Muslim, and Arabs.

In August 2020, 100 organizations signed an open letter exposing the ADL. Among the signatory organizations whose work Law And Disorder has covered on this radio program include the Center for Constitutional Rights, the National Lawyers Guild and Palestine Legal.

These 100 organizations signed an open letter announcing the publication of a pamphlet written by a working group with contributions from the American Friends Service Committee, Jewish Voice for Peace, and Palestine Legal.

Guest – Lesley Williams, member of the coordinating committee for Jewish Voice for Peace in Chicago, the advisory board of speakers bureau for Jews Against Anti-Muslim Racism, and a founding member of the Tzedek Chicago, a non-Zionist pro social justice synagogue in Chicago. She is the author of “The Anti-Defamation League Kills the Black Jewish Alliance” and “We Can’t Fight Anti-Semitism and anti-Black Racism in Isolaton“. She works with a local coalition of teachers and activists to bring Palestinian history into school curricula.

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