Law and Disorder November 26, 2016

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The Trump Administration And The Current Police State Apparatus

The movement for social change in the United States has been growing and accelerating in the last five years with the Occupy Movement, Black Lives Matter and now the large encampment and protest of Native Americans and their allies protecting our water in North Dakota. Half of American young people under the age of 29 say they would prefer Socialism. Bernie Sanders, running as a democratic socialist, had received more than 13 million votes. It is a time of great possibilities and simultaneously a time of great danger with the election of Donald Trump. What is the state of democratic rights as we go into the Trump era? Because of the policies of George W. Bush and Barack Obama  Americans are the most spied upon people in the history of the world with government surveilling every keystroke on their computers, social media,  and every email they send.  The ancient right of habeas corpus has been compromised allowing for indefinite detention of American citizens, military commission trials, and imprisonment offshore in Guantánamo Cuba. Extra- judicial assassinations are a regular practice, with American citizens being targeted and killed by drone strikes. Torture carried out by the CIA and private contractors has gone unpunished. The Posse Comitatus Act has been abolished and now the US military will be allowed to perform police functions inside United States.  The police force itself has been militarized and given military grade weapons.  What can the movement for social change expect from the Trump administration?

Guest – Attorney Baher Azmy, Legal Director of the Center for Constitutional Rights. He directs all litigation and advocacy around issues related to the promotion of civil and human rights. At CCR, he has litigated cases related to discriminatory policing practices (stop and frisk), government surveillance, the rights of Guantanamo detainees, and accountability for victims of torture. Baher is currently on leave from his faculty position at Seton Hall University School of Law, where he taught Constitutional Law and directed the Civil Rights and Constitutional Litigation Clinic.

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DAPL Protests Attacks: Oceti Sakowin Encampment

A week ago Sunday the water protectors numbering in the thousands including members of more than 100 Native American tribes at Standing Rock, North Dakota were brutally attacked for over six hours by police and  private security.   They have been camped in the freezing North Dakota weather attempting to halt the construction of a 1200 mile oil pipeline that is scheduled to go through sacred Indian lands and beneath the Missouri River and then through South Dakota, Iowa, and into Illinois. Pipelines frequently break and if and when this one does it will contaminate the water supply of some 15 million people.  Water from the river was sprayed on the protesters in 26° weather causing many of them to get life threatening hypothermia.  Rubber bullets were also shot at the protesters. A long-range sound cannon was employed to disorient them and mace was sprayed in their faces. Several hundred people were injured and more than 100 were arrested.  Although President Obama could stop the pipeline he has so far put off ruling on it’s legality or safety.  The 3.8 billion-dollar pipeline is owned by the energy transfer partners company, an outfit in which  Donald Trump has a large investment. The Norwegian government bank  has recently  pulled out of the project and if the pipeline is not completed soon other investors may bail jeopardizing the entire project. Oectisakowincamp.org

Guest – Angela Bibens, an attorney from Denver, Colorado, Angela practices criminal, juvenile and family law with a specialty in the Indian Child Welfare Act.  She earned her law degree from the University of Denver Sturm College of Law in 2006.  She is a wife and mother of three.  Angela has been the ground coordinator for the Water Protector Legal Collective at Oceti Sakowin Camp near the Standing Rock Sioux Tribe for the past three months.

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Campaign to Bring Home Mumia Abu-Jamal & Inside the Activist Studio 

The New York-Based activist group, the Campaign to Bring Mumia Home, is filming the second episode of an innovative project, Inside the Activist Studio on December 6 at the Schomburg Center for Research in Black Culture. Inspired by the popular television series, Inside the Actors Studio, its inaugural show featured a profile of Sekou Odinga.

The second episode features an interview with longtime activist Ramona Africa, of the MOVE Organization. Ramona was the only adult survivor of the police bombing of the MOVE home in West Philadelphia on May 13, 1985. The bombing caused a fire that the fire department initially allowed to burn and that killed 11 MOVE members, including five children. It devastated the 6200 block of Osage Avenue, destroying 61 homes and damaging many others.

Guest –  Professor Johanna Fernandez, is a native New Yorker. She received a PhD in History from Columbia University and a BA in Literature and American Civilization from Brown University. Professor Fernández teaches 20th Century U.S. History, the history of social movements, the political economy of American cities, and African-American history. She has previously taught at Carnegie Mellon University in Pittsburg, PA and Trinity College in Hartford, CT and is, most recently, the recipient of a Fulbright Scholars grant to the Middle East and North Africa that will take her to Jordan in spring 2011, where she will teach graduate courses in American History.

Guest – Ramona Africa, Minister of Communication for the MOVE organization.

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Law and Disorder November 14, 2016

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Uprooting Entrenched Systems of Power: Chris Hedges

On the morning after the US presidential election, we spoke with Chris Hedges. Chris has written several best-sellers including Wages of Rebellion, The Moral Imperative of Revolt, Empire of Illusion, Days of Destruction, Days of Revolt and War Is A Force That Gives Us Meaning.  In this interview, Chris provides an analysis of entrenched systems of power and shares his thoughts on how we all move forward to challenge a new series of repressive measures.

Guest – Chris Hedges,  author and journalist, who publishes weekly on Truthdig. He’s written 11 books, including New York Times best seller “Days of Destruction, Days of Revolt” (2012), which he co-authored with the cartoonist Joe Sacco. Other books include “Death of the Liberal Class” (2010), “Empire of Illusion: The End of Literacy and the Triumph of Spectacle” (2009), “I Don’t Believe in Atheists” (2008) and the best selling “American Fascists: The Christian Right and the War on America” (2008). He’s a former war correspondent, specializing in American and Middle Eastern politics and societies.

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Syrian Proxy Wars 2016

The horrific situation in Syria is something that the American people don’t know much about. Anti-war movement activists suffer from a lack of decent reporting. Some of the issues we’ll examine are – Is it a proxy war between Middle Eastern governments? Can Isis be reigned in? Should Assad go? Is that any of “our” business? Finally, should the American peace movement be promoting the goal of a weapons of mass destruction free Middle East?

Guest – Phyllis Bennis directs the New Internationalism Project at IPS, working as a writer, activist and analyst on Middle East and UN issues. She is also a fellow of the Transnational Institute in Amsterdam. In 2001 she helped found and remains active with the U.S. Campaign to End the Israeli Occupation. She works with many anti-war organizations, and writes and speaks widely across the U.S. and around the world as part of the global peace movement. She has served as an informal adviser to several top UN officials on Middle East and UN democratization issues.

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Attorney Jeff Haas: Dakota Access Pipeline Dispatch #5

Construction of the Dakota Access Pipeline continues. Two weeks have passed since we last spoke with Attorney Jeff Haas who has been representing the Native Americans and the protesters at Standing Rock. A lot has happened. The company is hellbent in getting that pipeline done and they’ve built it all the way up to the river, even though they don’t have a permit for going under the river yet.

The pipeline goes from North Dakota to South Dakota to Iowa. Winter is setting in. There are 5000 people encamped there. On October 27, 2016 with a huge military force. The governor and the armored police tried without success to roll things back.

Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Guest – Lyla June Johnston, a writer, a Dine, Chayenne and Scandinavian poet

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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Law and Disorder November 7, 2016

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More FDNY Lawsuits

Two years ago the New York Fire Department settled a racial discrimination suit brought by the Center for Constitutional Rights and the United States Department of Justice on behalf of the Vulcans, black fire fighters organization. The court awarded $100 million in back pay and benefits to fire fighters who had been discriminated against and to applicants who’s efforts to join the department had been stymied by what the court ruled was institutional bias. Two weeks ago a second lawsuit was filed by Brooklyn attorney Greg Smith on behalf of 10 African American civilians who work in the non-uniform part of the New York Fire Department. The suit alleges pay discrimination, retaliation for complaints, and harassment of black people working at the fire department.

Guest – Ginger Adams Otis  has been writing about New York City and local politics for more than a decade. She is a staff writer at the NY Daily News. Otis started covering City Hall and the Fire Department when she worked for The Chief-Leader, from there she moved to staff position at the NY Post. She’s also been a radio and print freelancer for WNYC, the Associated Press, BBC, National Public Radio, The Village Voice and national magazines such as The Nation and Ms. She lives in Harlem, NY.Ginger Otis. She’s the author of the book Firefight The Century-Long Battle to Integrate New York’s Bravest. Ms. Otis works as a staff writer for the NY Daily News.

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Anti-SLAPP Legislation

If you have ever left a less than favorable comment on a website such as Yelp or TripAdvisor you should know that some businesses or doctors are suing consumers for their negative reviews. Patients writing about botched surgical procedures or doctors’ billing practices have been sued in small claims court saying the bad reviews cost their practices thousands of dollars.

Two pending federal laws are designed to protect consumers from legal retaliation when they express opinions online.

The Consumer Review Fairness Act, dubbed the “Right to Yelp Act,” would bar companies from including gag clauses in agreements they ask consumers to sign. And the Speak Free Act would create a legal weapon for defendants in lawsuits over their publicly expressed thoughts. Such cases are called SLAPP (strategic lawsuits against public participation). Someone brought into court over their words can invoke the bill’s anti-SLAPP motion to get the case dismissed quickly and force the plaintiff to pay attorney’s fees.

Yelp is among some 40 companies and nonprofits backing the bills, which also have bipartisan support in Congress, where they are expected to move forward this fall. Some, however, find the bills unconstitutional as they might impose barriers to civil rights and public interest litigation.

Guest – Evan Mascagni, policy director at the Public Participation Project. The Project assists individuals and organizations working to pass anti-SLAPP legislation in the states while educating the public regarding SLAPPs and their consequences.

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How the CIA Killed Che: The Murder of A Revolutionary

The Cuban revolution of 1959 was a historical turning point. It ended American corporate and political control of the island’s economy and government and it demonstrated to other Latin American and Caribbean peoples that they could do the same. The American response was quick and deadly.  They overthrew any governments that did not oppose the Cuban revolution. This included Brazil, Argentina, the Dominican Republic, Bolivia and most spectacularly, in 1971, in an effort involving US Secretary of State Henry Kissinger, the democratically elected socialist government of Chile. Che Guevara failed in his attempt to defend the revolution in Cuba by extending it. He started in Bolivia with a band of international revolutionary guerrilla fighters and was quickly discovered, surrounded, and assassinated by Bolivian soldiers trained and organized by the CIA in an operation that was directed right out of the White House. The economic blockade of Cuba by the United States is still in effect.  Left leaning governments in Argentina, Brazil, and Honduras have been replaced by neoliberal capitalists under the favored hand of the American government.

Guest –  Professor Greg Grandin  wrote the introduction to the recently published book by our own Michael Ratner and Michael Steven Smith called “How the CIA Killed Che. Grandin is the author of a number of prize-winning books, including most recently “The Empire of Necessity: Slavery, Freedom, and Deception in the New World,” which won the Bancroft Prize in American History and was shortlisted for the Samuel Johnson Prize in the UK. NPR’s Maureen Corrigan on Fresh Air named The Empire of Necessity as the best book of 2014, both non-fiction and fiction. “Fordlandia: The Rise and Fall of Henry Ford’s Forgotten Jungle City” was a finalist for the Pulitzer Prize in History, as well as for the National Book Award and the National Book Critics Circle Award and was picked by the New York Times, New Yorker, Boston Globe, Chicago Tribune and NPR for their “best of” lists, and Amazon.com named it the best history book of 2009.

Law and Disorder October 31, 2016

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Green Party Vice Presidential Candidate Ajamu Baraka

Here on Law and Disorder we continue our interviews with candidates other than the two major parties. This week we talk with Green Party Vice Presidential Candidate Ajamu Baraka.

Guest – Ajamu Baraka is a longtime activist, veteran of Black Liberation Movement, Human Rights defender, Former founding director of US Human Rights Network, currently Public Intervenon for Human Rights with Green Shadow Cabinet, member of Coordinating Committee of Black Left Unity Network and Associate Fellow at IPS.  He’s on a long time board member of the Center for Constitutional  Rights and a human rights defender whose experience spans three decades of domestic and international education and activism, Ajamu Baraka is a veteran grassroots organizer whose roots are in the Black Liberation Movement and anti-apartheid and Central American solidarity struggles. Black Agenda Report

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The Connecticut Four

More than ten years ago four librarians in Connecticut fought back after FBI agents handed them National Security Letters seeking library records under the PATRIOT Act, and warned them it was a criminal offense to discuss it with anyone. The letter demanded that the librarians identify patrons who had used library computers online at a specific time a year earlier. Four librarians challenged the legality of the request in a lawsuit, represented by the ACLU. A year later the government withdrew the demand for information and the gag order. The media dubbed them “the Connecticut Four.”

Recently they have reunited to draw attention to attempts by the U.S. Senate to expand the amount and kinds of information that the government may compel libraries and others to divulge. It could force librarians to give the FBI transaction records, such as email metadata, links clicked on to access other websites and the length and time of Internet search sessions.

Guest – George Christian, executive director of the Library Connection and one of the four Connecticut librarians gagged by the FBI. The four librarians, members of the Library Connection, sought help from the ACLU after the FBI demanded patron records through a National Security Letter.

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The Bronx 120

Just before 5 in the morning on April 27, 700 law enforcement officers conducted the largest gang raid in NY history in the Williamsbridge section of the North Bronx. Prosecutors used the 1970 RICO Act, and 78 young men averaging 24 years in age were arrested and indicted 120 on conspiracy charges. All are being detained collectively for 8 murders and firearms and drug charges dating back two decades. In one apartment, more than a dozen police threw flash-bang grenades and broke down the front door with assault weapons aimed at Paula Clarke and her two daughters, then forced them to crawl down their hall on all fours toward the officers.

At a press conference, police characterized the young men as “the epitome of organized crime today.” Cooperating federal agencies included the DEA, the ATF, the US attorney general, and ICE’s Homeland Security Investigations. Community members question this portrayal, saying the young men were not highly organized gangsters terrorizing a community; they lacked money and weapons and were living at home with their parents.

Critics claim that applying RICO to to street gangs has racist implications. Under RICO, individuals can be found guilty by association. Despite gang-related crime accounting for less than 2 percent of city crime, two weeks after the raid, James O’Neill, now NYPD Commissioner, promised 20 more raids before July 4.

The department quadrupled its gang division by launching Operation Crew Cut in 2012. A 2014 initiative has spent over $64.6 million on surveillance cameras and singled out 15 projects as high-crime zones; at least ten of those projects have experienced police raids.

Guest – Cindy Gorn is a former teacher of Urban Studies at Hunter College and a member of the Incarcerated Workers Organizing Committee.

Law and Disorder October 24, 2016

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Dakota Access Pipeline: Dispatch #5

The battle over the construction of the Dakota Access Pipeline continues. Two weeks ago the Federal Court of Appeals in Washington DC dissolved the injunction against the company which is building the pipeline. They plan to complete construction of a 1172 mile subterranean pipeline which will go from the Bakken oil fields in North Dakota through South Dakota, Iowa, and into Illinois. It is 30 inches wide and will carry 470,000 barrels of crude oil a day underneath the Missouri River and through the sacred land of Standing Rock Sioux Indian burial grounds.  Twenty-two percent of the pipeline is already completed, although the Army Corps of Engineers has placed a stay on that part of the pipeline passing through the land it controls which borders both sides of the Missouri River.  If the pipe breaks, which is common, the drinking water of some 15 million people will be imperiled. Knowing this, the government and the pipeline company changed its plans to have the pipeline pass close to the large city of Bismarck, North Dakota and instead rerouted it through Indian lands, in violation of several treaties with the Sioux Indians and international law regarding the rights of indigenous people.

Representatives of someone 180 indigenous tribes from United States of America, Canada, and Latin America and hundreds of other people, calling themselves water protectors, are camped out in North Dakota as the winter sets in to protest the pipeline construction. Last week the charge of participating in a riot was dropped by Judge John Grinsteiner against journalist Amy Goodman of the television and radio show Democracy Now! which is broadcast on nearly 1200 stations. Earlier, the charge of trespass was withdrawn against her. She had been interviewing people and her crew was filming an attack by private pipeline security with dogs biting the Native American protesters.

Guest – National Lawyers Guild Attorney Jeff Haas, recently returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

Sacred Stone Camp Legal Defense – Lawyers wanting to support the Sacred Stone Camp, contact Attorney Robin Martinez –  robin.martinez@martinezlaw.net

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Gloria La Riva: United States Presidential Candidate

Here on Law and Disorder we continue our interviews with candidates other than the two major parties. This week we talk with Party for Socialism and Labor Presidential Candidate Gloria La Riva.

Guest – Gloria La Riva is a labor, community and anti­-war activist based in San Francisco, California. Born in Albuquerque, N.M., Gloria attended Brandeis University where she was active in affirmative action struggles. Gloria has been a key organizer of many mass demonstrations and other actions opposing the wars and occupation in Central America, Iraq, Palestine, Afghanistan, Yugoslavia and elsewhere. Gloria has worked for decades to defend Cuba’s sovereignty and against the U.S. blockade. She was awarded Cuba’s Friendship Medal in 2010, approved by the Council of State, for her many years of Cuba solidarity, and is the national coordinator of the National Committee to Free the Cuban Five.

Law and Disorder September 26, 2016

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Zachary Sklar: Snowden

National Security Director James Clapper was questioned by Congress. The media was there. He looked at the camera, right in our eyes. The question was: Does the NSA spy on Americans?  He Answered “not wittingly”. This was a lie. The NSA was spying on every computer keystroke and telephone conversation made by every American. Edward Snowden blew the whistle on this totalitarian practice that turned democracy upside down. Instead of the government serving the people the government was spying on the people it should serve.  He has been indicted under the 1917 Espionage Act and is presently living in Russia, stripped of his passport, unable to come home where he faces decades in prison or worse. Oscar-winning film director Oliver Stone’s just released movie tells Edward Snowden’s story.

Guest – Zachary Sklar is a screenwriter, journalist, author, and editor. He is best known as co-writer (with Oliver Stone) of the Academy Award-nominated screenplay for the film JFK. Sklar has edited numerous non-fiction books about U.S. intelligence, including the number-one-bestselling On the Trail of the Assassins by Jim Garrison, from which the film JFK was adapted; Profits of War: Inside the Secret U.S.-Israeli Arms Network by former Israeli intelligence operative Ari Ben-Menashe; and Deadly Deceits: My 25 Years in the CIA by former CIA case officer Ralph McGehee.

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Dakota Pipeline Protests: Legal Update

With winter settling in in North Dakota the construction of the Dakota Access pipeline has been temporarily halted pending governmental reconsiderederation. Representatives of over 100 Native American tribes and several thousand supporters Are camped near the Missouri River, which the pipeline, if it breaks after it is constructed under the river, would pollute ruining the drinking water up to 20 million people who depend on it. The DAPL Company and its parent Texas company have secured some 3 1/2 billion dollars in financing from Goldman Sachs, UPS, the Chase Manhattan Bank, and other banks. The financing may not be forthcoming if the project is stalled too long. In the meantime camp protesters, who call themselves “water protectors ”  are preparing to stay through the upcoming predictably severe North Dakota winter.

Guest – National Lawyers Guild Attorney Jeff Haas, has just returned from living at the North Dakota encampment with thousands of Native Americans and climate change activists who gathered in solidarity with the Standing Rock Indian tribe in North Dakota to protest the pipeline construction. Jeff Haas was a founding partner of the Peoples Law Office in Chicago. He victoriously represented the family of Fred Hampton, the chairman of the Chicago Black Panther Party and proved that Hampton was assassinated by the FBI and Chicago Police Department. He’s also author of the book The Assassination of Fred Hampton.

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Encrypted Client Communications

As the general public becomes increasingly aware of the value of using open source encrypted communications, several groups of professionals may be among the first to regularly use it in their work. Members of the press already provide open source whistleblower submission systems, such as Secure Drop, to protect the anonymity of anonymous sources. But how do attorneys protect their privileged client communications? Jonathan Stribling-Uss founded Constitutional Communications to teach attorneys, activists and others to use open source encryption for all their communications. The group is aptly named given that “Our current system of Internet communication is not constitutional, especially with respect to attorney/client communications,” according to Stribling-Uss who is also a member of the National Lawyers Guild. The group has already provided intensive training sessions on digital security domestically and internationally for nearly 300 civil society leaders from dozens of countries.

Guest – Attorney Jonathan Stribling-Uss, director of Constitutional Communications, a nonprofit organization that specializes in information security for professionals and civil society organizations. He has led trainings and accredited CLEs (Continuing Legal Education) for hundreds of attorneys and law students on cybersecurity, professional ethics, international law, and attorney-client communications with the NYCLA (New York County) Bar Association, Law For Black Lives, and the Continuing Legal Resource Network at CUNY (City University Of New York). He has also trained journalists, foundations, activists, and technologists from more then 40 countries at the Center for Constitutional Rights, Thoughtworks global corporation, the International Development Exchange, the Legal Clinics of the CUNY School of Law, and The Florestan Fernandes National School in Brazil.