Law and Disorder January 31, 2022

Twenty Years Later Guantanamo Is Everywhere

The George W. Bush administration used the terrorist attacks on 9/11 to launch his so-called “Global War on Terror.” Under the guise of fighting terrorism, Bush illegally invaded two countries, instituted an unlawful dragnet of Arab men and boys in the United States, and opened a sinister prison camp at Guantanamo Bay, Cuba in January 2002.

Nearly 800 men and boys were sent to Guantanamo, where many of them were subjected to torture and cruel treatment, and held indefinitely – many without charges, in violation of US and international law. Much of this mistreatment was documented in the “Guantanamo Files,” 779 secret files published in 2011 by WikiLeaks. It was documented as well in the report of the Senate Select Committee on Intelligence. The 6,700-page report remains secret but the 499-page executive summary was published in 2014.

By locating the prison in Cuba, Bush sought to preclude any judicial review of the detention of the detainees. Most of them had no connection to terrorism. Locked away in Guantanamo for years, detainees lost hope. The only power they had was to refuse food. Many of them engaged in a hunger strike but were violently force-fed, a practice that amounts to torture.

The widely esteemed lawyer and co-founder of Law and Disorder, Michael Ratner, was Legal Director of the Center for Constitutional Rights when the center filed the landmark case of Rasul v. Bush. It went to the Supreme Court, which ruled that Bush could not prevent detainees from challenging the legality of their detention in US courts. But 20 years later, Guantanamo remains open and 39 men are still there.

We are fortunate to have Baher Azmy with us today to discuss Guantanamo and the “war on terror” which continues today, with very little pushback from the American public.

Guest – Baher Azmy is Legal Director of the Center for Constitutional Rights, where he directs all litigation around issues related to the promotion of civil and human rights. He is also professor of law at Seton Hall University.

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Dangerous Influence of Right Wing Propaganda

Hosts examine the over-all current role of the corporate, mainstream media in America today, in particular the increasing power and danger of the right-wing media. And to do so we are very fortunate to have as our guest today, Jeff Cohen.

Guest – Jeff Cohen is a highly regarded progressive critic of the media. Indeed, he was recently quoted in an important article in the Washington Post about the disclosure that FOX News hosts were advising the White House during the January 6th insurrection. Jeff Cohen, along with Martin Lee, were the co-founders of Fairness and Accuracy in Reporting, or “F.A.I.R.,” which is the anti-corporate media group that monitors and reports on the mainstream media’s bias, spin and misinformation. Jeff Cohen is also a lecturer on these matters and the author of the book, Cable News Confidential.

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Law and Disorder November 15, 2021

Public Hostage, Public Ransom:, Ending Institutionalization in America

In the 1970s the shocking horrors of Willowbrook State School on Staten Island in New York City were exposed to the entire world. Some 30,000 disabled people lived in an isolated place segregated from the rest of society and horribly abused and neglected daily.

Dr. William Branston worked there and blew the whistle, telling the truth about this horrific place, the Willowbrook hell hole.

The mistreatment of disabled people and elderly persons’ mistreatment is facilitated because the institutions that has them get Medicaid funding. It is a national scandal. Willowbrook is seen as a turning point in the beginning of the disability rights movement in the United States.

The ancient Greek philosopher Aristotle said “life in the community is a necessary condition for a persons complete flourishing as a human being.“ This Is what needs to be done. Re-integrating these people into the community is the goal today across the USA.

We are joined in this interview by my friend and colleague attorney Richard Levy. It was Richard‘s law firm, Eisner and Levy represented Dr. Branston in a class action lawsuit against the state of New York.

Guest – Dr. William Bronston, author of Public Hostage, Public Ransom:, Ending Institutionalization in America. Dr. Bronston is an advocate for deinstitutionalization. He was a physician at Willowbrook State School in New York; medical director and consultant for the California Department of Developmental Services.

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The Movement To Ban Killer Drones

On October 29, as Joe Biden pulled U.S. forces out of Afghanistan, his administration launched a hellfire missile from an MQ-9 Reaper drone in Kabul that killed 10 civilians, including seven children, and then lied about it. They called it a “righteous strike” conducted in self-defense.

Nearly three weeks later, an extensive investigation by The New York Times revealed that the target of the drone strike, Zemari Ahmadi, was a U.S. aid worker, not an ISIS operative, and the “explosives” in the Toyota that the drone targeted were most likely water bottles.

Now an “independent Pentagon review” has concluded that no crimes were committed by U.S. forces, even though footage showed a child present minutes before the drone attack. The Air Force Inspector General admitted that 9 seconds before the strike, the surveillance video showed the presence of 4 children in the strike zone. But under international law, a targeted killing is only legal if it’s necessary to protect life, and no other means — including capture or nonlethal incapacitation — is available to protect life.

Nick Mottern is co-coordinator of Ban Killer Drones.org. He said, “The Pentagon’s assertion that no one did anything illegal to cause the drone deaths of the Ahmadi family members is a shameful side-stepping and a further cover-up of who made what decisions and why in this horrible slaughter. We need to see all the records surrounding this incident, including those that may help us to know the role of President Biden, if any.”

Ban Killer Drones.org is calling for reparation payments of at least $3 million for each of the 10 members of the Ahmadi family.

Meanwhile, although Biden withdrew the troops from Afghanistan, he has pledged to continue “over-the-horizon” operations from afar. Biden is following in the footsteps of his predecessors who all used drone strikes which killed untold numbers of civilians.

The drone that killed the Ahmadi family was operating out of Creech Air Base in Nevada. Ban Killer Drones helped organize the annual Shut Down Creech Week from Sep. 26 through Oct. 2.

Guest – Nick Mottern. Nick has been an tireless organizer of the movement to ban armed drones.

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Law and Disorder November 1, 2021

Moving The Bar: My Life As A Radical Lawyer

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

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Law and Disorder October 18, 2021

  • Editorial By Attorney Heidi Boghosian: Facebook’s Duty to Protect WhatsApp

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FBI Evidence Demonstrates Saudi Arabia’s Involvement in September 11 Attacks

The events on September 11, 2001 were a crushing blow to democracy and the rule of law in our country. The attacks paved the way for two illegal wars, first the American war against Afghanistan and then Iraq. It open the way for the national security state to develop expansively and implement a vast surveillance program on American citizens.

The attack on the World Trade Center and on the Pentagon happened 20 years ago and in retrospect was a turning point in American history. Law And Disorder Radio was launched three years after that event. Our mission was to defend both democracy and the rule of law.

The attacks were a crime against humanity. But instead of treating them as a crime it was turned into an occasion to launch aggressive and illegal wars. The Nuremberg trials against the Nazis who started World War II defined aggressive war as the ultimate crime because it held within it all lesser crimes.

In our show today we examine the new evidence on who was responsible for the attacks on September 11, 2001. The new evidence is a six year old FBI report released on President Biden’s order last month. Biden was told by the families of the victims of 9/11 that unless this report was released he was not welcome at any of the memorial services.

The FBI report demonstrates the complicity of the government of Saudi Arabia in the attacks. It was two Saudi Arabian government officials that helped the first two hijackers when they came to America. They were given money and help to get into flight school. They then hijacked American Airlines plane and flew it into. Senator Bob Graham was the head of the Intelligence Committee that investigated what happened on September 11th, 2001. Whistle blower Thomas Drake was a top official at the National Security Agency.

Guest – Paul Jay is the editor of the blog the theanalysis.news. We will discuss with him the kind of movement that is needed to reverse the nuclear arms race as well as to bring about a democratic organization of the economy.

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 July 12, 2021

Public Intellectual: The Life of a Citizen Pilgrim by Professor Richard Falk

If we are ever to have a world not threatened by catastrophic climate change and devastating nuclear war we will need a world governed by respect for the rule of law, democracy, and the democratic right of peoples to self- determination. After the World War II, the United Nations was established in 1945 in an effort to prevent future wars. In this it has failed. The United States of America has been at war almost every year since its beginning and almost every year since the 50’s starting with Korea, then Vietnam, then Afghanistan, Iraq, Syria, and Libya.

Today the United States has 800 bases abroad in 80 countries. It spends $753 billion a year on the military, which is 53 cents out of every tax dollar.

Michael Ratner, a founder of Law And Disorder Radio and who practiced human rights law internationally, used to say that you cannot have imperialism abroad and democracy at home. He said it was a truth established by the decline of both the Greek and Roman empires thousands of years ago.

Guest – International Law Professor Richard Falk who is still teaching and going strong at age 90. He has recently had published his magnificent memoir titled Public Intellectual: The Life of a Citizen Pilgrim. Professor Falk is a leading international law professor, prominent activist, public author, and a pioneer thinker dedicated to peace and justice. He taught at Princeton University for 40 years and was active in seeking an end to the Vietnam war, a better understanding of Iran, a just solution for Israel/Palestine, and improved democracy everywhere. He also served as the UN Special Rapporteur for Occupied Palestine. He has written 50 books. Since 2009 he has been nominated annually for the Nobel Peace Prize.

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In Defense of Whistleblowers: Attorney Sarah Alexander

James Glenn was working for NetDesign, a Cisco Systems reseller in Denmark when he came across a vulnerability in software made for a line of Cisco’s video surveillance cameras. The flaw made it easy for would-be hackers to access the systems running the devices and to penetrate the systems on a deeper level after gaining entry. Glenn made the discovery after taking part in his company’s “own medicine” initiative, where staffers test equipment and software for security holes. In 2008 he reported the issue to his employer and to Cisco, assuming that he’d be praised for finding the problem. Instead, he was fired.

Cisco Systems is one of the world’s leading information technology and networking companies. With a market cap of close to $195 billion, Cisco dominates the networking and communications devices industry. Glenn notes that he learned the cameras and software were still being used by the Los Angeles International Airport, and in 2010 he spoke with law enforcement personnel about his concerns regarding LAX. According to court filings cited by Glenn’s attorneys, Cisco failed to fix the vulnerability until an updated version of the software was released in 2012. It then took the company 3 more years to release a security advisory to companies using the previous, flawed version of the software.

Stories like this are all too common. Whistleblowers frequently lose their jobs and suffer significant personal hardships as a result of coming forward on behalf of the public’s interest.

Guest – Attorney Sarah Poppy Alexander of the law firm Constantine, Cannon. Poppy represents whistleblowers and government entities in so called “qui tam” lawsuits in both federal and state court, as well as under the IRS and Securities and Exchange Commission’s whistleblower programs. Poppy has been selected to the Northern California Super Lawyers Rising Stars list every year since 2016. Before joining Constantine Cannon, Poppy was an associate attorney at Rosen, Bien, Galvan & Grunfeld LLP, where she worked to ensure prisoners received appropriate medical and mental health care and adequate accommodations for disabilities in jails and prisons. Poppy graduated from Harvard Law School and holds an M.A. in Political Theory from the University of California, Berkeley, and a B.A. from Yale College.

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