Law and Disorder July 27, 2020

Democracy, If We Can Keep Keep It: The ACLU’s 100 Year Fight For Rights In America

The American Civil Liberties Union was formed 100 years ago in 1920 in a climate of fear in our country not unlike what exists today. Anarchists and socialists were scapegoated. They were rounded up, tried under the newly passed espionage act, and hundreds were deported or imprisoned, Eugene V Debs being the most prominent.

To mark a century of defense of the first amendment and the Bill of Rights, Ellis Close has written an important history of the ACLU titled Democracy, If We Can Keep Keep It: The ACLU’s 100 year fight for rights in America.  The Los Angeles review of books recently featured an extensive appreciation of Closs’ book written by constitutional lawyer Stephen Rhode.

Guest – Attorney Stephen Rohde has been on the board of the southern California ACLU over 25 years. He has taught constitutional law and has written a number of books on civil liberties.

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Dakota Access Pipeline: Update

July has been a legal roller coaster ride with respect to efforts to shut down the Dakota Access and Keystone XL Pipelines. First, a judge invalidated federal permits saying that the Army Corps of Engineers failed to address the potential damage from oil spills in the Dakota pipeline. He ordered the company Energy Transfer to stop pumping crude oil through South Dakota. On the heels of that order, a federal appellate court temporarily blocked that shutdown.

As for KXL, which would carry tar sands oil from Alberta Canada through Montana and South Dakota before reaching Nebraska, the Supreme Court in early July rejected the Trump administration’s request to allow construction of the KXL Pipeline by TC Energy. A Montana court ruling halting construction therefore still stands.

As listeners will recall, protesters and lawsuits against both pipelines cite the devastation that pipeline leaks would cause to the environment. In the case of tar sands oil, it is thicker, highly volatile, and more corrosive than conventional crude oil. This increases the likelihood of a leak. That renders it far more difficult, if not impossible, to clean up such a spill.

https://www.wecaninternational.org/divest-invest-protect

Guest – Attorney Natali Segovia is the Staff Attorney for the Water Protector Legal Collective – the organization that grew out of the legal tent at Oceti Sakowin camp in the Standing Rock resistance to the Dakota Access Pipeline. She chairs the Indigenous Peoples’ Rights Committee of the National Lawyers Guild and serves on the Board of Directors of the Alliance for Global Justice. She also serves on the Indian Law Section Executive Council of the Arizona State Bar.

 

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Law and Disorder July 20, 2020


Attorney Marjorie Cohn: Trump, Assange, Democracy And Rule of Law

Without democracy and the rule of law there can be no significant social change. However, much democracy was constricted by race and class before the attacks on September 11, 2001 and before Trump, democracy and the rule of law are now facing lethal attacks on many fronts.

Trump has successfully put 198 young, reactionary, and some ignorant judges on the federal bench. He has illegally called out troops to violently disperse peaceful protesters in the park in front of the White House. Trump has threatened the personnel of the International Criminal Court who are attempting to investigate US war crimes in Iraq and Afghanistan. These include the crime of torture. These crimes, perpetrated under the Bush administration, went unprosecuted by President Obama who infamously said “we must look forward not backward.”

Trump’s Justice Department is pursuing and attempting to extradite truth telling whistle blowing journalist Julian Assange who 10 years ago released the “collateral murder” video showing the commission of American war crimes in Iraq, among other embarrassing information. Assange is confined in London’s Belmarsh prison. He is sick, in solitary, and has been psychologically tortured. He faces 175 years in prison in the United States if convicted under the old Espionage Act for activities protected by the first amendment.

Guest – Attorney Marjorie Cohn, professor emerita at the Thomas Jefferson School of Law where she taught for 25 years. She is a former president of the National Lawyers Guild, a criminal defense attorney, a legal scholar, and a political analyst. She writes books and articles and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated at the prestigious Oxford Union.

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Law and Disorder July 13, 2020

Police Unions Are Racist Power Brokers in Opposition to Movement for Black Lives

When they commit violence against civilians, abusive police in the United States are protected in various ways. The power elite, whose property police protect, have given them almost complete legal immunity from successful lawsuits for damages under the doctrine of qualified immunity. When a cop has illegally hurt someone he or she can count on what’s known as – the blue wall of silence – knowing that a fellow officer will not contradict their defense.

What is the role of police unions regarding the protection of police who have abused and even murdered citizens? Police unions act as power brokers in opposition to the rights of victimized citizens. They provide legal defense funds, public relations, and political pressure in defense of abusive cops. And they are a very powerful force in these respects.

The US Congressman from Chicago Bobby Rush has recently said that the Chicago police union, the Fraternal Order of Police, is “the number one cause that prevents police accountability, that protects police corruption, that protects police lawlessness. They are the organized guardians of continuous police lawlessness, police murder, and police brutality. They are the most rabid, racist body of criminal lawlessness in the land and stand shoulder to shoulder with the KKK then and the KKK now.”

Guest – Attorney G. Flint Taylor is a founding partner of the People Law Office in Chicago starting out over 50 years ago representing the family of Black Panther leader Fred Hampton, Who was assassinated by the Chicago Police Department with the help of the FBI. He has represented numerous police torture survivors during the past 33 years. Taylor was one of the lawyers involved in the struggle for reparations and has chronicled the decade long fight against Chicago police torture in his award-winning book “The Torture Machine : Racism and Violence in Chicago.

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First Amendment Auditor: Big Nick South Florida Accountability

Most of the populace, some police officers and federal employees may not realize that its every photographers right to take photos and video of federal buildings on public property. The easing of restrictions began when the New York Civil Liberties Union had looked into several cases of people who were wrongly harassed, detained and arrested by federal agents while photographing or shooting video of federal buildings from public plazas and sidewalks.

In 2010, the NYCLU brought a suit against the US Department of Homeland Security in federal court to end this practice. In October of 2010, a judge actually signed a settlement where the US government agreed that no federal statures or regulations bar people from photographing the exterior of federal buildings.

The US government agreed to issue a directive to members of the Federal Protective Service on photographer’s rights. A decade later, the rights attained in this decision are recently being put to the test in what’s known as First Amendment audits.

Guest – Nick Freeman – First Amendment Auditor with millions in view counts joins us to talk about his work in Fort Lauderdale being part of a long emerging trend to educate local law enforcement about the right to photography and subsequent issues such as police accountability.

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Law and Disorder June 29, 2020


Attorney Marjorie Cohn: Trump, Assange, Democracy And Rule of Law

Without democracy and the rule of law there can be no significant social change. However, much democracy was constricted by race and class before the attacks on September 11, 2001 and before Trump, democracy and the rule of law are now facing lethal attacks on many fronts.

Trump has successfully put 198 young, reactionary, and some ignorant judges on the federal bench. He has illegally called out troops to violently disperse peaceful protesters in the park in front of the White House. Trump has threatened the personnel of the International Criminal Court who are attempting to investigate US war crimes in Iraq and Afghanistan. These include the crime of torture. These crimes, perpetrated under the Bush administration, went unprosecuted by President Obama who infamously said “we must look forward not backward.”

Trump’s Justice Department is pursuing and attempting to extradite truth telling whistle blowing journalist Julian Assange who 10 years ago released the “collateral murder” video showing the commission of American war crimes in Iraq, among other embarrassing information. Assange is confined in London’s Belmarsh prison. He is sick, in solitary, and has been psychologically tortured. He faces 175 years in prison in the United States if convicted under the old Espionage Act for activities protected by the first amendment.

Guest – Attorney Marjorie Cohn, professor emerita at the Thomas Jefferson School of Law where she taught for 25 years. She is a former president of the National Lawyers Guild, a criminal defense attorney, a legal scholar, and a political analyst. She writes books and articles and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated at the prestigious Oxford Union.

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Law and Disorder June 22, 2020

Police Spy On Social Media

In late 2016, a trove of emails revealed that law enforcement had been monitoring the social media accounts of Black Lives Matter protesters. One police sergeant in Memphis, Tennessee even opened a fake Facebook account to impersonate a black activist, infiltrate online black protest spaces, and gather intelligence on hundreds of activists. In Minnesota, an FBI Joint Terrorism Task Force used a confidential information with access to private social media communications about a BLM protest and fed that information to local police.

It turns out that such tracking is routine among local and federal police agencies. They use it in criminal investigations and to keep tabs on lawful First Amendment protected activities of dissent.

And as we’ve seen in other areas of surveillance, police watching persons online usually impacts historically over-police communities. It also has a chilling effect on free speech and online communications.

The Brennan Center in New York has issued a comprehensive report on social media monitoring. It shows how personal information gleaned from social media posts is used to target dissent and subject religious and ethnic minorities to increased vetting and surveillance.

Guest –  Harsha Panduranga is counsel in the Brennan Center’s Liberty & National Security Program. His work has been featured in numerous press outlets including the Atlantic, Slate, Daily Beast, and Just Security. Harsha received his BA and JD from the University of Michigan.

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Co-conspirator For Justice: The Revolutionary Life Of Dr. Alan Berkman

After battling recurrent cancer for half his life Dr. Alan Berkman died in a New York City hospital on June 5th, 11 years ago. It was not the worst struggles of his life.

Alan was first struck by cancer when he was in prison, accused and then convicted for his political work in the political underground.  He was a leader of the small May 19th movement, an offshoot of Prairie Fire then controlled by those in the Weather Underground. While hidden from public view,Alan and his comrades did non-lethal bombings of political targets, including an FBI office and the U.S. Senate, to protest American imperial and racist atrocities, and did armed robberies, which they called “expropriation‘s“, to support themselves.

Caught in 1985, Alan served eight years in some of the worst prisons in America, nearly half that time in solitary.  He had two rounds of cancer, but the authorities stalled again and again on giving him adequate medical care. They hated him for being a socialist, a Jew, a doctor, and a supporter of black, Latin and Native American peoples and those harmed by American imperialism around the globe. The authorities labeled him a terrorist.

Alan came of age in the 1960s, but really did not become political until he went to medical school. He left a prestigious medical residency, on track to become a research scientist, to become a community doctor for 10 years in New York’s poorest neighborhoods throughout the 1970s. He was forced underground for years because he wouldn’t give up the name of the woman he treated for a gunshot wound she got in a failed Brinks armored truck robbery that killed two police officers and a security guard in Rockland county, just outside New York City.

After eight years in prison, amazingly, radical attorney Ron Kuby prevented New York state from not renewing his medical license. Alan, having learned about AIDS in prison, started working as an AIDS doctor in the South Bronx. In a year he became the medical director of the program.

At the height of the AIDS epidemic, Alan increasingly was horrified by the failure to provide treatment for HIV/AIDS patients in the Global South. He helped form Health GAP (Global Access Project) with  the help of ACT UP and Housing Works.  They fought big Pharma, which controlled manufacturing and distribution of the anti-viral AIDS medicine “cocktail” which cost $10-$15,000 a year, an exorbitant price guaranteed to them by their ownership of medical patents, their intellectual property.  People could not afford the drugs, especially outside the United States, and thousands died needlessly.

Dr. Alan Berkman helped change that, not having the requisite respect for private property in a public health crisis. He got sick people drugs that were produced generically and brought the cost of the drug down to $87 a year. Some 4 million people in the global south took the medicine, prolonging or saving their lives

Michael Smith’s review of Susan’s book – The Revolutionary Life Of Dr. Alan Berkman

Guest – Susan Reverby, author of the recently published Co-conspirator for Justice: the Revolutionary Life of Dr. Alan Berkman. She is the Marian Butler MacLean Professor Emerita in the History of Ideas and Professor Emerita of Women’s and Gender Studies at Wellesley College. She is the author of  Examining Tuskegee: The Infamous Syphilis Study and It’s Legacy, and other books on gender, race, health, nursing, and medicine.

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Law and Disorder June 8, 2020

President Trump Invokes 1807 Insurrection Act

Last week Donald Trump announced his readiness to deploy the military to enforce order inside the United States. From the Rose Garden he vowed that if city and state leaders did not “take the actions that are necessary to defend the life and property of their residents” he would invoke the 1807 Insurrection act. The Act was renamed after Hurricane Katrina, but otherwise remains the same. It allows a president to deploy the military to suppress civil disorder.

In response, defense officials have expressed discomfort at the prospect of calling in active duty troops to police protected First Amendment activity. Many have emphasized the importance of having local law enforcement take charge. Some National Guard troops are also reportedly wary of this move, even as more are mobilized domestically than at any other time in history.

Army Major General Thomas Carden of the Georgia National Guard told reporters: “I believe that we in America should not get used to or accept uniformed service members of any variety having to be put in a position where they are having to secure people inside the United States of America.” He also said, “while we are glad to do it and honored to do it, this is a sign of the times that we need to do better as a country.”

During that Monday call with state governors, Trump intensified rhetoric about using military forces to “dominate” protesters. He wished there was an “occupying force” in cities across America and urged a tougher response to protests. Later that day, law enforcement officers fired tear gas and rubber bullets at a peaceful crowd outside the White House.

Guest – Mara Verheyden-Hilliard with the Partnership for Civil Justice Fund. Mara is one of the nation’s pre-eminent authorities on the policing of First Amendment protected activities including the right to peaceably assemble and associate.

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President Trump Withdraws From The Treaty On Open Skies

The chance for nuclear war which would destroy human life on Earth has never been higher. Just last week President Donald Trump withdrew America from The Treaty On Open Skies.  This treaty is an agreement between 34 nations that allows each country to fly over each other’s territories. The treaty is designed to provide transparency and mutual observation of military developments. He also withdrew from the Intermediary Intermediary Ballistic Missile treaty with Russia. As a consequence the Bulletin of Atomic Scientists has pushed the hands of its doomsday clock on its magazine forward to almost midnight

Shortly after taking office Trump pulled out of the Iran nuclear deal. Trump enjoys the financial and political backing of big business, the banks, the hedge funds, and the military industrial complex. These money interests profit greatly from the nuclear rearmament which is now going on.
First under Obama and then Trump $1 trillion is planned to be spent over the next 30 years for a new generation of nuclear weapons, including low yield ones, which are likely to be used.

Whistleblowing truth teller Daniel Ellsberg has recently written the grimly important book The Doomsday Machine. He believes that so far, avoidance of a nuclear war has been miraculous and that the danger is as present today as it was during the Cold War. He thinks seeking profit in spite of the risk of nuclear winter is “institutional madness.“

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.

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