Law and Disorder December 11, 2017

CCR: Current Supreme Court Dockets

We are currently living through an attack on every aspect of American democracy. This phenomena predated the Trump presidency and has been qualitatively accelerated by it.

This across-the-board constriction of the power and rule of the American people, to the extent that it had existed, has encompassed the suppression of voting rights; an attack on public education; the growth of enormous income inequality; the unimpeded influence of money in elections; the threat and constriction of the right of women to control their own bodies; the attack on peoples’ rights to build and join effective unions; the refusal to close the offshore prison of Guantánamo and the refusal to prosecute illegal torturers; the attack and net neutrality and access to the internet; the increase by the state of the surveillance of American citizens; the militarization of the police; encouragement of racism; the banning of Muslims; suppression of the right to demonstrate; and the growth in executive authority.

Guest – Attorney Baher Azmy, the Legal Director of the Center for Constitutional Rights. The CCR was founded in 1966 to advance the goals of the civil rights movement. Michael Ratner, our co-host and founder of Law And Disorder Radio, was its president emeritus at the time of his passing in May of last year.

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Lawyers You’ll Like: Alison McCrary

As part of our Lawyers You’ll Like series, today we are joined by Alison McCrary. Alison is a social justice attorney, a Catholic nun, president of the Louisiana Chapter of the National Lawyers Guild, and a Spiritual Advisor on Louisiana’s death row. She is the former Program Director for the Community-Police Mediation at the New Orleans Office of the Independent Police Monitor where she created a national model for improving community-police relationships, taught at the New Orleans Police Academy, and helped develop similar programs in cities across the nation.

As a 2010 Soros Justice Advocacy Fellowship in New Orleans, Alison challenged and helped reform policing practices and policies to transform relationships between police officers and the bearers of New Orleans’ indigenous cultural traditions. Alison has served as a National Lawyers Guild legal observer trainer and the New Orleans Legal Observer® Program Coordinator.

Before law school, she worked at the Capital Post-Conviction Project of Louisiana providing litigation support on death penalty cases and at the United Nations in New York monitoring the implementation of U.N. Security Council Resolutions.

Guest – Attorney Alison McCrary. In New Orleans, Alison worked, clerked, and/or volunteered at Southeast Louisiana Legal Services, the Louisiana Voters’ Rights Network, Equity and Inclusion Campaign for the Louisiana Disaster Recovery Foundation, Orleans Parish Public Defenders Office, Louisiana’s Fourth Circuit Court of Appeals, and Loyola University’s Community Justice Clinic. Nationally, Alison coordinates and provides legal support for social justice movements such as the School of the Americas Watch. She received her J.D. from Loyola University’s College of Law in New Orleans and her B.A. in English at Georgia State University in Atlanta.

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Law and Disorder December 4, 2017

Law and Disorder Editorials:

  • Jared Kushner Middle East Policy Advisor

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Free Press: New FCC Rules On Net Neutrality

The Federal Communications Commission recently released a plan to do away with landmark regulations ensuring equal access to the Internet. They pave the way for Internet service companies to charge the public higher rates to see certain content and to even deny access to some websites.

The proposal was made by the FCC chairman, Ajit Pai, an opponent to regulation in general. Pai is the former Associate General Counsel for Verizon Communications, Inc.

The proposal is expected to be approved in mid-December. In his first year Pai, who was appointed by Donald Trump, has already eliminated numerous regulations. The agency has stripped down rules governing TV broadcasters, newspapers and telecom companies designed to protect the public interest. In addition to the net neutrality rollback, the chairman announced a plan to eliminate a rule limiting any corporation from controlling broadcasts that can reach more than 39 percent of American homes.

In a broad brushstroke, the new proposal repeals rules put in place by the Obama administration that prohibit high-speed internet service providers, or I.S.P.s, from slowing down or even stopping the delivery of websites. The Obama rules prevent companies from charging customers extra fees for high-quality streaming and other services. These former rules were drafted to preserve the principle commonly known as “net neutrality” and to prevent practices that would created tiers of access to the Internet.

The plan to repeal existing rules that were passed in 2015 would reverse a hallmark decision by the agency to consider broadband a public utility, as essential to modern lives as phones and electricity. The earlier decision created the legal foundation for the current rules and underscored the importance of high-speed internet service.

Guest – Attorney Gaurav Laroia, Policy Counsel at Free Press. Before joining Free Press, he worked at the Government Accountability Project protecting the rights of national security whistleblowers.

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The Sentencing Project

The United States of America imprisons more of its citizens both in absolute numbers and as a percentage of the population than any other country in the world. Only China comes close. On any given day 2,300,000 Americans are in jail or prison, 70% of them are non-white.

Former Alabama senator Jefferson Beauregard Sessions wants these numbers to rise. He has instructed federal prosecutors to prosecute people for the most serious possible crime and to demand the longest possible sentence.

In the last 30 years the number of people in jail and in prison have skyrocketed by factor of five. Prosecutors are increasingly demanding life sentences without the possibility of parole. Judges have lost their discretion with the implementation of maximum minimum sentencing. The long-term impact of mass incarceration has been devastating, especially to black communities.

Attorney General Sessions has stated that there is “a dangerous permanent rise”
in violent crime, despite FBI data showing a sharp decline in the last 20 years. He has falsely charged that crime increases have been caused by immigrants and that prosecutorial policy under Obama caused crime to increase.

Guest – Marc Mauer, the Executive Director of the Sentencing Project and a central figure in the justice reform movement. The Sentencing Project is a Washington DC based research and advocacy group working to reduce the use of incarceration in the United States and to address racial disparities in the criminal justice system.


Follow Heidi Boghosian on Twitter – @HeidiBoghosian

Law and Disorder November 6, 2017

 

Special Prosecutor Mueller Indictments

Paul Manafort, who had been Donald Trump’s campaign manager, was indicted last week by special prosecutor Mueller for 12 counts of money laundering involving at least $18 million, setting up a secret overseas bank accounts through which $75 million flowed, lying to federal authorities and operating as an unregistered foreign agent for the president of the Ukraine, tax evasion, and conspiracy. Also indicted was his colleague Rick Gates.

Manafort was a Washington insider. He graduated from Georgetown Law School and went on to work for Gerald Ford and Ronald Reagan. He then became, by his own description, an influence peddler. He was a political adviser to the vicious dictatorships of Marcos in the Philippines and Mobuto in Zaire helping them avoid trouble with the United States. He made millions of dollars advising the elected head of the government of Ukraine before he was overthrown in a coup approved and supported by the United States, in particular Secretary of State Hillary Clinton who held that position under the Obama administration before she ran for president.

Along with the indictments, it was disclosed that George Papadopoulos, a former volunteer adviser to Trump during his campaign, had pled guilty to lying to the FBI about having ties with the Russians and was cooperating with the prosecution. He had urged Trump to meet with Russian officials.

Guest – Ray McGovern, an alumnus of Fordham and was a high-ranking CIA analyst for 27 years. His expertise was Russia and he had one on one briefings daily with President George Bush. 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.  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.  http://raymcgovern.com/

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41s1YjDN5-L Sen. John F. Kennedy, (left), and Allen W. Dulles, Central Intelligence Agency (CIA) director, walks towards newsmen on the lawn of the Democratic presidential candidates in Hyannis Port, MA., home on July 23, 1960. The two men held a news conference after Senator Kennedy was briefed by Dulles on international affairs. (AP Photo/WCC)

The Devil’s Chessboard: Allen Dulles, the CIA, and the Rise of America’s Secret Government

The assassination of President John Fitzgerald Kennedy on November 22, 1963, 54 years ago, was a turning point in American and world history. The official story has been put forward in the Warren Commission Report. It stated that Lee Harvey Oswald was the lone assassin and that there was no conspiracy. The official story has been widely debunked: it is not believed by some 60% of the American people.

Oliver Stone’s 1991 movie JFK led to the reopening of the investigation by a Committee of the US House of Representatives. The committee concluded that there was a conspiracy. They passed a law, signed in 1992 by President George HW Bush, which called for the release of all remaining intelligence files on the assassination by October 26, 2017. Last week some of the remaining documents were released. Those documents must be released within six months unless President Trump decides not to. The intelligence agencies have a say in what further documents will be released but it is President Trump’s decision. It is not believed that the release of the documents will contradict the official story that Lee Harvey Oswald was the loan assassin and there was no conspiracy.

James R. Douglas wrote the definitive book on the Kennedy assassination, demonstrating conclusively that was the work of the CIA. Why? Because the intelligence agency wanted to stop Kennedy from withdrawing American troops from the Vietnam war and he wanted and was working towards a peaceful resolution of the cold war with respect to American policy towards both the Soviet Union and Cuba.

Guest – David Talbot, the author of the New York Times bestseller Brothers: The Hidden History of the Kennedy Years and the acclaimed national bestseller Season of the Witch: Enchantment, Terror, and Deliverance in the City of Love. He is the founder and former editor in chief of Salon, and was a senior editor at Mother Jones and the features editor at the San Francisco Examiner. He has written for The New Yorker, Rolling Stone, Time, The Guardian, and other major publications. Talbot lives in San Francisco, California.

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Law and Disorder October 23, 2017

Updates:

  • Co-host Attorney Heidi Boghosian Discusses Robert “Sugar Bear” Lark Case
  • Government Targeting Black Resistance Groups

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Victory In Al Shimari v CACI

President Trump told us during the campaign that he was in favor of torture because “it works.“ The Center for Constitutional Rights recently won a significant round in a case against a private military contractor, CACI who had tortured three of its clients at the infamous Abu Graib prison in Iraq in 2003 and 2004.

When he was president of the Center for Constitutional Rights, Michael Ratner maintained that if the torturers were not  prosecuted, the practice of torture would be repeated. In fact none of the architects were held accountable in court. That is why the this recent procedural victory by CCR, in the case of Al Shimari is so important.

Guest – Attorney Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights. She works on universal jurisdiction and international criminal law cases involving U.S. and foreign officials and torture and other war crimes, and cases involving private military corporations and torture at Abu Ghraib. Her major cases include Al Shimari v. CACI, the international U.S. torture accountability cases, and Survivors Network of those Abused by Priests (SNAP) v. Vatican, seeking accountability for the crimes against humanity of sexual violence by clergy and cover-up.

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International Association of Lawyers Against Nuclear Arms: North Korea

Not since the Cuban missile crisis of 1962, 55 years ago, has the prospect of nuclear war seemed so frightening. President Donald Trump, who alone can commence a nuclear attack, has threatened North Korea with “fire and fury.“ North Korea has a population of 25 million people.

Gabriel Sherman writing recently in the magazine Vanity Fair said that the situation with Trump has gotten so out of control that Trump’s Chief of Staff, General John Kelly, and his Secretary of Defense, General Jim Mattis, have discussed ways to stop Trump should he order a nuclear attack.

Obviously, the solution to winding down the escalating confrontation needs to be one of diplomacy. But when Secretary of State, Rex Tillerson, the chief diplomat in America, attempted to do just that President Trump said publicly that “you are wasting your time.“

Guest – Peter Weiss, distinguished international lawyer and President Emeritus of the International Association of Lawyers Against Nuclear Arms and its US affiliate, the Lawyers Committee on Nuclear Policy. He helped draft their October 10th, 2017 statement North Korea: Solution or Disaster. Peter Weiss was a founder of the Center for Constitutional Rights and its former Vice President.

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Law and Disorder September 25, 2017

35th Anniversary of Palestinian Mass Slaughter in Lebanon Refugee Camps

This month marks the 35th anniversary of the mass slaughter of civilian Palestinians by Lebanese fascists in their Lebanon refugee camps of Sabra and Shatila. The Palestinians who lived in the camps had been driven out of their villages in the Galilee by Israel. They had lived there for hundreds of years until the Zionist colonialists expelled them in 1948. The Israeli Army aided in the 1982 slaughter. The 1982 Israeli invasion of Lebanon, which preceded the massacre, was given the greenlight by the United States. Up to 1982, the Palestine Liberation Organization, known as the PLO, had its headquarters in Beruit, Lebanon. This Israeli Army invaded Lebanon and succeeded in driving the PLO out. The United States gave written commitments to the PLO about protecting the civilian population in order to secure the PLO’s evacuation from Beruit the month before the slaughter at Sabra and Shatila camps.

Israeli Defense Minister Ariel Sharon falsely asserted that there were 2000 terrorists in the camps. US Envoy to Lebanon Morris Draper did not dispute this falsehood. Sharon told Draper that ” We will kill them. They will not be left there. You are not going to save them.” Sharon sent Lebonese fascists into the refugee camps. They silently killed hundreds of Palestinians and Lebanese, mostly women and children and old men, using knives and bayonets. The Israeli Army lit up the killing fields with flares. There was such a worldwide outcry that Israel was forced to set up a commission of inquiry. That commission found that Sharon bore “personal responsibility” for the massacre and recommended that he be dismissed from his post as Defense Minister.

The blowback from these events in Lebanon 35 years ago still echo today in the wars America is conducting in Syria and Iraq.

Guest – Rashid Khalidi, Edward Said Professor of Arab Studies at Columbia University. He is the author of “Under Siege: PLO Decision Making During the 1982 War”. and most recently “Brokers of Deceit: How the US Has Undermined Peace in the Middle East.” Professor Khalidi recently had an article on the Sabra and Shatila massacre in The Nation magazine.

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Community Votes

The Queensbridge House public housing project in Long Island City Queens is the largest such complex in the country. With more than 7,000 residents, it’s a community with little faith in civic engagement. Like other public housing communities, and low-income neighborhoods in general, poor people vote at considerably lower rates than wealthier ones. Many feel apathetic, that the system is rigged, and that their votes don’t matter.

One nonprofit in NYC is using innovative partnerships with community-based social service organizations to conduct nonpartisan voter mobilization so more underrepresented citizens participate in our democracy.

Community Votes is trying to change the culture and mindset of large nonprofit social service agencies so they integrate into their day-to-day operations civic engagement activities. These activities include promoting awareness of elections and issues and encouraging voting and other participation in federal, state, and city policy making. A few years ago Community Votes partnered with the Jacob Riis Neighborhood Settlement, a longtime provider of social services in the Queensbridge Houses, to engage in personalized messaging to mobilize voters. The results were a considerably higher rate of voter turnout in the 2014 midterm elections.

Guest – Louisa Hackett is the director of Community Votes. Louisa founded Community Votes in 2013. Through her work at Community Resource Exchange providing consulting services to New York City nonprofit organizations, she recognized the assets direct service organizations have to turn more citizens into voters.

 

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Law and Disorder September 18, 2017

 

Anthropomorphic Climate Disruption

Devastation caused by hurricanes Harvey and Irma have provided ample opportunity for Democrats to press Republicans on climate change — with the catastrophic storms and wild fire giving tens of millions of Americans an up-front glimpse of the types of devastation we are facing.

Oddly, there’s been little talk in the nation’s capital. Aside from a handful of outliers like Hawaiian Sen. Brian Schatz, leading Democratic politicians have been slow to use the tropical storms to denounce President Donald Trump, who has dismissed climate change as a “hoax.”

That’s a contrast from past storms like 2012’s Hurricane Sandy, when Democratic New York Gov. Andrew Cuomo called the disaster a sign that “climate change is a reality.” Even then-New York City Mayor Michael Bloomberg, an independent, cited the storm and climate change at the time among his reasons for endorsing Barack Obama’s reelection as president.

Democrats appear to be heeding the warnings of Trump appointees like EPA Administrator Scott Pruitt, who said last week that it’s “very, very insensitive to the people in Florida” to talk about climate change now.

Guest – Eleanor Stein, teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental and Atmospheric Sciences Department at SUNY. Eleanor Stein is teaching transnational environmental law with a focus on catastrophic climate change. For ten years she served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.

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John Brennan Named Distinguished Fellow for Global Security At Fordham Univerity’s Law School

Labor Day brought an unwelcome surprise to students and alumni of what the Jesuits proudly call The Jesuit University in the City of New York. Fordham University’s Law School announced that it had named former CIA Director John Brennan Distinguished Fellow for Global Security.

Brennan was a senior official in the CIA during the Bush -Cheney administration. The official record shows he was knee-deep into their programs of secret offshore prisons, torture, and kidnapping.

In fact, in late November 2008, when President-elect Obama was about to appoint Brennan director of the CIA, a category-five hurricane of protest made that politically impossible. For example, the American Psychological Association publicly appealed to Obama not to appoint Brennan because of his role in torture.

So, instead, Brennan played the role of national security adviser – a role in which Obama and he worked together, meeting every Tuesday to draw up lists of who would be killed the following week by missiles from drones.

By 2008, Congress had become so inured to such things that Brennan sailed through confirmation and became CIA director for Obama’s second term.

That Fordham has succumbed to what Jesuits like Dan Berrigan call the “celebrity virus” is abundantly clear in Brennan’s appointment. Fordham is proud to claim him as a college alumnus. And without a hint of shame, its law school is also proud to give him a prestigious appointment.

Guest – Ray McGovern, an alumnus of Fordham and was a high-ranking CIA analyst for 27 years. His expertise was Russia and he had one on one briefings daily with President George Bush. 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.  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.  http://raymcgovern.com/