Law and Disorder September 23, 2019

When at Times the Mob Is Swayed, A Citizen’s Guide to Defending Our Republic

Trump was elected by about 25% of the eligible voters. Half of the voters who could have, didn’t vote. He lost the popular election by 3 million votes. Since then, this appalling man has proceeded to aggrandize his power. Backed by large corporations to whom he gave huge tax breaks and for whom he cut regulations, the military to which he just gave a $750 billion budget, a Republican Supreme Court and the right wing media such as Sinclair Broadcasting and Fox News he has maintained a steady base of support in the population.

Increasing a sense of dread has spread across our country, it appears possible that Trump may get reelected. Democracy and the rule of law are increasingly threatened.

Guest – Constitutional Lawyer, Burt Neuborne is the former legal director of the American Civil Liberties Union and has argued many cases before the US Supreme Court. Attorney Neuborne’s book “When at Times the Mob is Swayed” has been recently published by the New Press. He is currently the Norman Dorsen Professor of Civil Liberties at NYU School of Law.

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Prominent Environmental Activist Maggy Hurchalla Loses Appeal Of 4.4 Million Dollar Jury Verdict

Issues of the environment, citizen advocacy, and the public’s right to know are converging in two South Florida court cases. One involves 78-year-old Maggy Hurchalla, a former Everglades Coalition’s Conservationist of the Year and winner of a National Wetlands Award from the Environmental Law Institute. Now she owes a developer $4.4 million for speaking out about a critical local environmental issue.

In 2012 Hurchalla learned that Lake Point Restoration was considering conveying water to West Palm Beach for a fee. She complained about the company’s operation in emails to Martin Country commissioners and after Lake Point lost out on some contracts. Lake Point claims Maggy lied and was intent on hurting the company.

In a second related case, the nonprofit Everglades Law Center requested a transcript of a closed door meeting of South Florida Water Management’s governing board. The response? They were hauled into court, with Maggie Hurchalla added to the lawsuit.

Guest – Professor Richard Grosso, director of environmental and land use practice at NOVA Southeastern University. Professor Grosso is a widely recognized legal expert, practicing attorney and policy advocate, with over 30 years of experience litigating and advocating on statewide and south Florida environmental issues.

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Law and Disorder September 16, 2019

Amazon Ring Of Surveillance

When it comes to e-commerce, the multinational tech company Amazon.com has laid claim to a huge corner on the market. Now, it’s venturing into the business of surveillance.

Amazon is aggressively pursuing law enforcement partnerships. More than 400 police departments across the nation have already joined forces with the tech giant’s so-called smart doorbell program, called Ring. Part of Amazon’s outreach strategy in gaining new police partners is to play on fears of increasing property crime.

Ring doesn’t just show you who is at your door. It films and records any interaction or movement at owners’ doors, then alerts users’ phones. With partnerships between mega corporations and law enforcement to use new surveillance systems in the public–leaving out community input–come a host of civil liberties concerns, including racial profiling.

Guest – Matthew Guariglia of the Electronic Frontier Foundation. Matthew is a policy analyst working on issues of surveillance and privacy at the local, state, and federal level. He is a frequent contributor to the Freedom of Information-centered outlet Muckrock and his bylines have appeared in the Washington Post and Motherboard.

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North of Havana: The Untold Story of Dirty Politics, Secret Diplomacy, and the Trial of the Cuban Five

North of Havana: The Untold Story of Dirty Politics, Secret Diplomacy, and the Trial of the Cuban Five is the recent publication by our guest attorney Martin Garbus.

This case was one of the most significant ones in recent times. Attorney Len Weinglass had originally taken the case to appeal the matter for already convicted Cuban Five. The appeal was ultimately lost. Weinglass died and his dear friend our guest Martin Garbus stepped in to what looked like a lost cause. Four of the five men were in prison serving long sentences.

Cuba had been an American colony up until 1959 when the widely popular Cuban revolution succeeded in gaining the country’s independence from the USA.

To reverse this has been American policy ever since. The Helms-Burton Act was a counter- revolution as an American government policy written into American law.

Martin Garbus started representing Cuban Five member Gerardo Hernandez who at the time had then been found guilty of conspiracy to commit espionage against United States sometime in the future as well as murder.

Hernandez and his four comrades had been sent from Cuba to Miami by the government of Cuba to spy, not on the United States, but on the counter-revolutionary Cubans in Miami who were launching terrorist activities from Florida directed at persons and property in Cuba, attempting to sabotage the Cuban tourist economy which was in bad shape when a new Russian government cut them off.

The Cubans gathered information on the Miami-based terrorists, compiling a lengthy dossier on their murders activities, and turned it over to the FBI. They asked the US government to stop the terrorists, who were targeting the Cuban tourist industry by planting bombs at the Havana Airport, on buses, and in a hotel, killing an Italian vacationer. But instead of stopping the terrorists the US government used the dossier to figure out the identities of the Cuban five. They were arrested, prosecuted, convicted, and sentenced long prison terms.

While the Cubans were in Miami, a group of counter-revolutionary Cubans calling themselves “Brothers to the Rescue” were provocatively flying small planes over Havana dropping anti-Castro leaflets. They were warned by the Cuban government that if they persisted the planes will be shot down. They persisted. The planes were shot down. Hernandez was convicted of murder although he had no prior knowledge about the shoot down.

Guest – Martin Garbus is one of our great trial lawyers. He has appeared before the United States Supreme Court on leading First Amendment and constitutional law cases.

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Law and Disorder September 9, 2019

  • Updates: Host Reunion: Epstein Update

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CCR Update With Legal Director Baher Azmy

Three years ago Donald Trump ran on a racist nativist platform scapegoating Muslims and Mexicans. He lost the popular vote but won the election through the electoral college and began implementing his scapegoating. First he banned Muslims because the Supreme Court ignored his campaign statements and ruling that he had a right to do it under national security.

The Trump policy has been deliberately cruel, separating children from families, caging immigrants in cold cement floored cells, rightly called concentration camps, and now attempting to deny non-citizens who are here illegally, medical care and other benefits.

Guest – Attorney Baher Azmy legal director of the Center for Constitutional Rights. The CCR is involved in a number of cases seeking to protect immigrants. We will also speak with Attorney Azmy about the current status of the offshore prison island in Guantánamo Bay Cuba and the men who are trapped there in limbo, who have yet to receive trials. Last, we will speak with him about the Al Shamari v. CACI case where the US government farmed out torture to a private corporation.

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Update: Venezuela Under Economic Embargo

In the midst of escalating U.S. aggression toward Venezuela, antiwar activist Gloria LaRiva recently spent a month in that country to observe firsthand the impact on its people.

Gloria joins us today to discuss the crucial issues facing Venezuelans: the U.S. economic sanctions, the U.S. media blockade, and the people’s organizing efforts to overcome the aggression. She’ll talk about the Bolivarian revolution, and how Venezuela is holding up under an economic embargo. https://www.answercoalition.org/

Guest – Gloria LaRiva is an American socialist activist with the Party for Socialism and Liberation and the Peace and Freedom Party. She ran for president in 2008 and again in 2016 with Eugene Puryear and Dennis Banks as her running mates. She has been a driving force in the campaign to Free the Cuban Five and a longtime friend of Law and Disorder. Liberationnews.org

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Law and Disorder September 2, 2019

The Movie SKIN and One People’s Project

In the recently-released 2019 movie SKIN, skinhead Bryon Widner’s body is covered in racist tattoos, each marking a hate crime he committed. His parents Shareen and Fred “Hammer” Krager, run a kind of camp that recruits and trains young men—often lost and hungry–to become white supremacists.

Bryon meets and falls in love with single mother Julie Price. When he begins to realize he wants to give up his hateful habits, he faces a host of difficulties, one of which is the long and painful process of removing many of the hate tattoos that cover his body.

The film follows writer-director Guy Nattiv’s Oscar-winning short film of the same name. In the narrative version, actor Mike Colter plays the film’s true hero, Daryle Lamont Jenkins, who has devoted his life to helping people escape neo-Nazi groups.

Guest – Daryle Lamont Jenkins, founder of One People’s Project, is able to join us in the studio today. Since 1988 Daryle has been documenting and writing about right wing individuals and organizations even back while he was serving as a police officer in the U.S. Air Force. In 2000, he founded One People’s Project out of a counter-protest to a rally in Morristown, NJ. The organization quickly gained the reputation of publicly documenting hate groups and their activities.

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Reforming Sex Offender Laws

The U.S. legal system and sentencing practices rely too often on emotion rather than facts when it comes to defendants with developmental disabilities charged with sex offenses. Sentences for possessing child pornography are severe, and don’t take into account a defendant’s lack of awareness or inability to understand the societal values being punished. This is true for individuals on the autism spectrum whose social intelligence quotient may lag their intelligence quotient.

Two professors want to change that.

St. Francis College professor Emily Horowitz and co-editor and law professor Larry Dubin make the case for reform in their book Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses.

Guest – Professor Emily Horowitz discusses her book and work related to sex offender laws in the United States. Dr. Horowitz is chair of the Department of Sociology and Criminal Justice at St. Francis. She is the author of Protecting Our Kids? How Sex Offender Laws Are Failing Us and founder and co-director of the St. Francis Post-Prison program. Her research on the sex offense registry been widely cited.

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Law and Disorder August 26, 2019

Victory In New York City Wikileaks Case

Truth telling journalist and publisher Julian Assange and his organization Wiki-leaks won a significant First Amendment victory in federal court in New York City on July 29.

As reported by Oscar Grendel in the World Socialists Website, “The decision by Judge John Koeltl of the US District Court for the Southern District of New York rejected that Assange colluded with Russia. It upheld his status as a journalist and publisher and dismissed claims that WikiLeaks 2016 publication of the leaked emails from the Democratic National Committee was illegal.

We speak today with WikiLeaks lawyer Josh Dratel, who represented WikiLeaks, about this victory for civil liberties and freedom of the press and the right of people to know.

Assange is in terrible and declining health in Belmarsh prison in London waiting extradition to the United States to be tried on 17 counts of espionage for publishing in 2010 troves of information leaked to him by Chelsea Manning demonstrating United States committed war crimes in Iraq and Afghanistan.

The July 29 victory came about when the Democratic National Committee of the Democratic Party attempted to sue Assange and WikiLeaks for publishing DNC Emails on the 2016 Hillary Clinton campaign. They showed that the DNC rigged the primary election against Sanders. Clinton was exposed for taking a $675,000 speakers fee, which some described as a bribe, from the investment banking house of Goldman Sachs to whom she pledged loyalty.

The case the DNC brought against The Russian federation, WikiLeaks and Assange, among others, in 2016 was thrown out of court, with prejudice, by federal judge John Koeltl, a Clinton appointee. Attorney Joshua Dratel defended WikiLeaks.

Please write Julian Assange at this address:

Mr Julian Assange
DOB: 3/07/1971
HMP Belmarsh
Western Way
London SE28 0EB, UK

(Follow These Details In Preparing Letter)

Guest – Attorney Josh Dratel heads a renowned New York City law firm and has a national reputation as a trial and appellate lawyer. He graduated Harvard law school in 1981. Dratel is the past president of the New York State Association of Criminal Defense Lawyers. His many honors include the Frederick Douglass award and the Clarence Darrow award from the ACLU of Idaho. He is the co-editor of the book The Torture Papers: the Legal Road to Abu Graib.

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The Case Of Espionage And Billionaire Pedophile Jeffrey Epstein

When he was alive, the major news media characteristically covered the story of Jeffrey Epstein’s huge pedophile sex ring for a brief news cycle. He was in a federal jail in Manhattan awaiting trial and was dropped out of public view. The salacious aspects of his story were covered briefly. Then he died under mysterious circumstances. The story was briefly revived but diverted to conditions in the jail. But there is much more to it.

In 2007 Florida federal prosecutor Alex Acosta went along with a plea deal which allowed Epstein to plead guilty to a Florida state charge involving prostitution with children and was given an extraordinary light sentence. Acosta dropped federal charges were dropped.

When questioned about this Acosta told a Senate committee inquiring about his credentials to become the secretary of labor in the Trump administration that he, Acosta , was told to back off because Epstein was part of the “intelligence community.“

Was he part of an espionage and blackmail operation? For whom did he work?

Guest – Phillip Giraldi, former CIA agent and counterterrorism specialist and military intelligence officer with the CIA. He is currently executive director of the Council for the National Interest. Geraldi has a masters degree and a PhD.

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Law and Disorder August 19, 2019

Now Available: Harriet Tubman Stamp

In 2016, the Obama administration announced plans to replace the image on the $20 bill from former President Andrew Jackson to underground railroad hero Harriet Tubman.

The change was supposed to go into effect in 2020, the 100th anniversary of Women’s Suffrage. But recently Treasury Secretary Steven Mnuchin, told a congressional committee that the stamp’s debut would be delayed until 2026, citing the development of new security features. That leaves open the question of the redesign to a future Administration. Mnuchin claims that political considerations were not a factor, but current and former Treasury Department officials have said the bill’s postponement is to avoid the possibility that Donald Trump might cause an uproar by cancelling it all together.

Across the nation, Americans don’t have to wait to have a Tubman bill.

Now available to all is the Harriet Tubman stamp, although not from the United States Postal Service. New York designer Dano Wall has created a do-it-yourself, single-color ink stamps with Tubman’s face to replace that of Jackson, directly onto the bill. They are sold on Amazon, eBay, Etsy, and other places.

Putting someone’s face on money is not considered defacing money, as the only things which constitute defacing money are cutting up a bill, putting two bills together, poking holes through the bill, or doing anything for the purpose of not being able to use the bill again.

Guest – Dano Wall, a New York City designer.

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Nobody’s Victim: Fighting Psychos, Stalkers, Pervs and Trolls.

In January 2019 New York State passed a bill to outlaw “revenge porn,” joining 41 other states that have passed similar laws. Revenge Porn is the term for the non-consensual sharing on the Internet of sexually explicit photographs or videos. Victims say it can be as damaging as any other form of abuse, but without the legal protections.

Private images can follow victims for years, turning up when employers or romantic partners search for their names on the Internet.

But in New York, victims have experienced years of helplessness in the courts. Prosecutors could not charge offenders for a practice that was not illegal, and judges turned down appeals for help on the grounds of free speech, even while other states were enacting protections. Under New York’s new law, offenders can be punished by up to one year in jail.

The law also allows victims to sue the person who shared the revenge porn, which about a dozen other states also allow. And it would be the first in the nation to allow judges to order websites or social media platforms — in addition to the original poster — to take down the photos or videos.

Most have heard about high-profile instances of sexual images as blackmail or revenge have involving the rich and famous, such as singer Rihanna and actor Jennifer Lawrence. But it affects millions of people, from middle school students to Marines. As many as 10 million Americans have been victims of revenge porn.

Guest – New York Attorney Carrie Goldberg started a law firm to focus on defending victims of the practices. She has just come out with her first book titled Nobody’s Victim: Fighting Psychos, Stalkers, Pervs and Trolls.

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