Law and Disorder June 18, 2018

 

Mark Crispin Miller – Julian Assange, Voter Fraud and Fake News

WikiLeaks founder the truth telling publisher Julian Assange is in escalating danger of being sent from England to America where he would likely be tried for espionage, a crime that carries the death penalty.

Assange and WikiLeaks have revealed American war crimes in the middle east, CIA global machinations , and the work of Clinton Democrats in preventing the popular Bernie Sanders from heading up the party ticket.

Assange is presently holed up in the Ecuadorian embassy in London where he was granted political asylum six years ago by past leftist president Rafael Correa. But now, with the change of presidents in Ecuador, Assange has been cut off from the outside world. He has no phone, no computer, and no visitors.

The fresh offensive against him occurred the day after American General Joseph DiSalvo, the head of the US Southern Command, the Pentagon’s arm in Latin America, visited the new right wing Ecuadorian President Lenin Moreno. Moreno has said that Assange is “an inherited problem” and is seeking s better relationship with the United States government, to whom he has already granted a military base.

Guest – Mark Crispin Miller who is a professor of media studies at New York University. Professor Miller has frequently spoken about media propaganda, the engineering of consent for empire, fake news, and the destruction of the independent press. He has been awarded a Guggenheim Fellowship for the humanities and is a vigorous defender of Julian Assange and WikiLeaks.

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CCR Delegation To Israel

Like the USA, Israel is a colonial-settler state which, beginning in 1948, 70 years ago, expelled 750,000 native Palestinians, took their land, homes and businesses, and reduced those who remained to abused second class citizens, not unlike what was done to native Americans by white settlers in the USA. Their land was stolen, their tribes uprooted, and their culture practically destroyed.

In 1967 Israel expanded further, militarily occupying Palestinian territories to their north, east, and south, including East Jerusalem.

Last month Attorney and Columbia law professor Katherine Franke, the Chair of the Board of Trustees of the CCR, along with Attorney Vince Warren, the CCR’s Executive Director, headed up a 20 person delegation of American activists who traveled to Israel to report on the human rights situation there. Franke and Warren never made it past the airport in Tel Aviv. They were stopped, questioned , detained for 14 hours, and then deported back to the USA. Franke was told she could never return.

Guest – Attorney Katherine Franke, is the Sulzbacher Professor of Law, Gender, and Sexuality Studies at Columbia University, where she also directs the Center for Gender and Sexuality Law and is the faculty director of the Public Rights/Private Conscience Project. She is a member of the Executive Committee for the Institute for Research on Women, Gender and Sexuality, and the Center for Palestine Studies. She is among the nation’s leading scholars writing on law, religion and rights, drawing from feminist, queer, and critical race theory. She is the author of Wedlocked: The Perils of Marriage Equality. Her next book will be coming out from Haymarket Press in the spring: Repair: Slavery’s Unfinished Business  makes the case for racial reparations in the U.S.

Law and Disorder April 23, 2018

NYTimes Armenian Gen

Speaking In Turkish: Denying the Armenian Genocide

Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.

The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.

Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.

As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.

Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.

Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.

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Law and Disorder April 16, 2018

 

Mass Support Needed For Julian Assange

Two weeks ago, WikiLeaks founder and internet publisher Julian Assange , who is holed up in the Ecuadorian embassy in London, had his Internet access cut off due to pressure by the British and American governments on Ecuador. Ecuador had granted him political asylum in their embassy where he has been living in two small sunless rooms for five years. Ecuador gave him political asylum after he sought refuge in the embassy to avoid extradition to Sweden, which would have sent him to the US. Assange was under protracted investigation for a rape claim, made up by the Swedish police and Swedish prosecutor and denied by the purported women victim. Sweden finally dropped the case, but Assange remains subject to arrest in Britain jumping bail.

Assange and WikiLeaks had been steadily revealing the war crimes and illegalities of the American government since it first published the Iraq war logs eight years ago. The war logs included video footage of American soldiers assassinating Iraqi civilians and a Reuters journalist. Chelsea Manning, who was recently released after seven years in prison, furnished WikiLeaks with the war logs.

The United States government is seeking to capture Assange and bring him back to the United States to stand trial for espionage, a crime which carries the death penalty.

Guest – John Pilger, an Australian-British journalist based in London. John has worked in many facets of journalism, including a correspondent in the Vietnam War, the Middle East Desk for Reuters in London, a documentary film maker, and a producer for the Independent Television Network in London. Pilger is known for his conscience, bravery and acute historical insight.   His articles appear worldwide in newspapers such as the Guardian, the Independent, the New York Times, the Los Angeles Times.

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You Thought We Wouldn’t Notice: Intellectual Property

Laws protecting artwork and intellectual property are increasingly being put to the test amid claims from rising artists marketing their work online whose work is being copied by others.

Art piracy can include music posters, clothing design, book cover art, signage, record sleeve art, and typography. Under copyright law, one artist using another artist’s idea is generally legal, while one artist using another’s expression of that idea is generally illegal. Only a fact-intensive analysis can provide a bit of clarity, and even that is subject to a judge’s or jury’s review.

Sometimes copyright cases expand into major litigation. A New York judge recently ruled that graffiti, or aerosol artists, were entitled to a $6.7 million verdict after New York developer Gerald Wolkoff destroyed their well-known public work. The claim in the so-called FivePointz case arose under the Visual Artists’ Rights Act, or VARA. It’s the kind of case that attorney Scott Burroughs says rarely goes to trial. Several artists created aerosol art pieces on the walls of an abandoned development in the once downtrodden and now gentrified neighborhood of Long Island City, Queens. Wolkoff destroyed their art as part of a development plan. Read Scott’s Column Above The Law.

Guest – Attorney Scott Burroughs, an advocate for artists’ rights who curates the art law blog You Thought We Wouldn’t Notice and has a weekly copyright law column on legal website Above the Law.

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Law and Disorder April 2, 2018

 

Herman Bell Granted Parole After Serving 45 Years In Prison

A respected elder, Herman Bell, was granted parole having met all the criteria for release according to his sentence. The parole commissioners recognized his progress after serving nearly 45 years in prison and granted his parole application. He is looking forward to being reunited with his family and friends. Today we talk about some of the opposition, from politicians and the police union, to this decision. Support Herman Bell

Herman Bell – Twitter – #BringHermanHome

Guest – Laura Whitehorn , a former political prisoner who served 14 years for the distruction  of government property in connection with a 1983 bombing at the US Capitol where no one was injured. She was released in 1999. Laura Whitehorn is a leader in the Release Aging People in Prison Organization and has been active in challenging the New York state parole board’s intransigence.

Check the RAPP Events Page

Guest – Jose Saldana, joins hosts and Laura Whitehorn to talk about Herman Bell. Jose was recently released from prison after serving 38 years. He’s worked with parole reform organizations and RAPP.

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10th Annual Brooklyn Folk Festival

The Brooklyn Folk Festival is coming up April 6-8 at historic St. Anne’s church in downtown Brooklyn.

The Brooklyn Folk Festival celebrates and presents the best in American and world folk music with more than performances, workshops, film screenings, jam sessions, vocal and instrumental workshops, a square dance, and their famous banjo toss contest. The festival was started nine years ago by Eli Smith, the Jalopy Theatre and School of Music. Its a substantial and unique community event.

Folk or old time music runs counter to the commercial establishment music scene. It is truly a people’s music. It is non-commercial, non-corporate, and not a generator of huge profits. As a result this music, which should be central to American culture, has been down played and sidelined.

We know of some of its famous proponents – Woody Guthrie, Pete Seeger, and Bob Dylan . . but there are many great unknown folk musicians whose art is perpetuated and expanded on at the Brooklyn Folk Festival.

Guest – Eli Smith, the founder and main organizer along with the Jalopy Theatre and School Music, of the Brooklyn Folk Festival. Eli Smith is a banjo player and folk musician. He plays with the band called the Downhill Strugglers. He is a Folkways recording artist and has played around the country including the Library of Congress and the Kennedy Center.

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Law and Disorder March 26, 2018

 

Gina Haspel, Rule of Law And Torture

Nazi generals and Nazi leaders were prosecuted at the end of World War II for war crimes and crimes against humanity and genocide. These crimes were incorporated into international law.

The chief prosecutor was Robert Jackson, a Supreme Court judge. The Nazis defended themselves by arguing that they were just following orders. This defense was deemed unavailing. In many cases, they were found guilty and sentenced to lengthy prison terms or hung. He said that the war crimes tribunal at Nirenberg was not merely victors’ justice. But that the principles it followed would be universal and applied in the future, to all countries including the USA. And indeed, the United States signed on to the Geneva Conventions and Convention Against Torture and incorporate both the crimes and the concept of universal jurisdiction into its law.

Gina Haspel has been nominated by President Donald Trump to head the CIA. She is a war criminal. She violated both international and national law by running a black site secret detention center in Thailand where men were tortured. Although there were several court orders that the evidence be preserved, Gina Haspel had the videotapes of torture destroyed.

John Brennan, Obama’s ex head of the CIA, who was involved in the torture program, recently came to her defense, stating that she was just following orders: The Nazi defense.

Trump supports torture. He believes that torture works. This is both immoral and untrue. He says he is for waterboarding and worse. He now has a subordinate with whom he is in agreement.

Obama refused to prosecute the lawbreakers. Instead he threw CIA whistleblower John Kiriakou in prison for two years for disclosing American torture. He said we must look forward, not backward. This greenlighted what is going on now with Haspel.

Michael Ratner warned us about this eventuality. The European Center for Human and Constitutional Rights may seek Haspel’s arrest if she goes to Germany.

Such is the irony of history that the German fascist government that perpetrated the greatest crimes against humanity has been superseded by an American government which condones and is perpetuating them as well.

Guest – John Kiriakou, a former CIA agent, he is the author of Doing Time Like a Spy: How the CIA Taught Me to Survive and Thrive in Prison. He spent 15 years working for the CIA including the period following September 11 2001. The next year he was invited to be certified in enhanced interrogation techniques and said no, rightly recognizing it as sanctioned torture. He was privy to all the details of the American torture program and personally knew Gina Haspel. In 2007 when ABC News asked him to rebut charges that he tortured and Al Qaeda prisoner he went on the air and disclose details about American torture policy. For this the CIA had him tried and convicted. He spent 23 months in prison.

Guest – 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, andSurvivors 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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The National Immigration Project And Protecting Haitian Refugees

The National Immigration Project of the National Lawyers Guild filed a lawsuit in Brooklyn on March 15 to block President Trump’s cancellation of temporary protected status which had been granted to more than 50,000 Haitian refugees because of the terrible conditions in that country since the hurricane in 2010. The National Immigration Project declared President Trump’s actions to be unlawful, racially motivated, and evidence of a complete lack of knowledge of immigration law.

The TPS program exempts from deportation people from countries in turmoil due to war, natural disasters, and other extraordinary conditions.

The suit alleges that the federal government was arbitrary and capricious in his decision to end the program and was motivated by Donald Trump’s “racial and national origin animus towards patients.” The suit cites Trump’s demeaning remarks towards Haitians and Haiti. He has said that Haitians have AIDS and Haiti is a “s&*t hole” country. The Trump administration‘s position is that protecting Haitians is no longer necessary because conditions in Haiti have improved.

Guest – National Lawyers Guild Attorney Sejal Zota is the Legal Director of the National Immigration Project of the Guild. Sejal works on issues of removal defense, post-conviction, enforcement, and immigration consequences of crimes through litigation, education, and technical assistance. Previously, Sejal taught and wrote about the impacts of immigration on state and local government at University of North Carolina’s School of Government. She also regularly trained and advised defense attorneys throughout North Carolina on the immigration consequences of crime, and is the lead author of Immigration Consequences of a Criminal Conviction in North Carolina.

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Brooklyn Folk Festival 2018

Co-host Michael Smith reminds listeners of this year’s Brooklyn Folk Festival. 

 

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Law and Disorder March 12, 2018

 

Victory: West Virginia Teachers’ Strike

After nine days on strike, the West Virginia governor and the state legislature caved, granting the teachers and all school staff a 5% wage increase. The pay raise also covers all state employees.

In an attempt to save face the Republicans talked about funding the pay increase by cutting social services and Medicaid. But there is no such wording in the agreement that was signed by the West Virginia Education Association and the American Federation of Teachers , the two workers organizations.

One strike supporter in West Virginia stated that “At this point the teachers and school staff have all the momentum and they can fight to make sure the funds for the raise come from the rich, not working people when the budget is eventually passed. Strikers here are ecstatic, people are literally hugging strangers, and whipping enjoy. It’s in a stark victory for the working class. Hopefully it will be the first of many to come.”

The strike was caused by decades of stagnating pay and rising health costs. 3/4 of the teachers are women.They played leading roles in the strike. West Virginia, especially its southern counties, have a history of militancy, Especially in the coal mines. Teacher job actions and walkouts spread from these very same southern counties.

The West Virginia teachers have shown Americans what it takes to win a strike. This is especially important when the anticipated Supreme Court ruling in the Janus case comes down. That ruling will likely reduce the power of public employee unions by taking away their right to collect dues.

Guest – Dale Lee is a graduate of Clinch Valley College (Wise, VA) and obtained his special education certification through the West Virginia College of Graduate Studies (WV COGS). He is completing his Master’s degree through Salem International University. A veteran teacher of 22 years, Dale’s assignment was teaching special education at Princeton Senior High School

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Law Firm Files 911 Terror Lawsuit Against Saudi Arabia

Nearly sixteen years have passed since the 911 attacks. The truth of who was behind the attacks has allegedly come out in a class action lawsuit brought by over 6500 victims and survivors. The lawsuit alleges that it was elements of the Saudi Arabian government that attacked the United States on 9/11. The Defendant in the lawsuit is Saudi Arabia. The Saudi Arabian government hired 15 public relations firms to help them deny responsibility. They hired several Washington white shoe high powered connected law firms They hid behind the law of sovereign immunity, which had to be overturned by an act of Congress in order for the lawsuit to proceed. They were helped by the US government in the cover-up by the Bush and Obama administrations.

After more than sixteen years the case is now proceeding rapidly through the Federal courts and will either be dismissed, settled or tried. The object of the lawsuit is to obtain money explained Sharon Pemboli, one of the plaintiffs and leaders of a group of women from New Jersey known as “the Jersey girls” who lobbied to win passage of the law which made the lawsuit possible. She believes that if the Saudi Arabian government is deprived of funds it will not be able to fund Al Qaeda and the extremist Wahhabi clergy responsible for supporting the terrorism of Al Qaeda.

The American public has been led to believe mistakenly that Saddam Hussein and Iraq were behind 911. The attack on Iraq was a war of aggression. At the end of World War II, the United States set up the Nuremberg trials to try Nazi war criminals. They wanted to set forth principles that were not merely “victor’s justice.“ At the Nuremberg trials the Germans were found guilty of starting a war of aggression, which was called the greatest of all crimes because it has contained within it all other crimes.

Guest – Attorney Justin Green, Justin has successfully represented families in many major aviation cases.  These include airline disasters, corporate airplane and helicopter accidents, and civil airplane and helicopter accidents. His practice has also included personal injury and wrongful death cases arising from other transportation accidents.

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Lynne Stewart Anniversary 2018

Hosts remember fearless activist and attorney Lynne Stewart. Heidi reads an excerpt from Michael’s yet to be published Lawyers You’ll Like.  We’ll also hear a powerful speech by Chris Hedges delivered at Lynne’s memorial.