Law and Disorder June 27, 2022

Extradition Of Journalist Julian Assange

On June 17, Priti Patel, the UK Home Secretary, ordered the extradition of journalist Julian Assange to the United States to stand trial on Espionage Act charges that could lead to 175 years in prison. The Obama administration, which prosecuted more whistleblowers than all prior presidents combined, decided not to file criminal charges against Assange. But Donald Trump’s regime indicted Assange for revealing evidence of U.S. war crimes in Iraq, Afghanistan and Guantanamo. And Joe Biden’s government is continuing to pursue the extradition of Assange to the United States.

Assange has been confined in the UK for more than a decade. If he is extradited to the United States, he will be tried in the Eastern District of Virginia, one of the most conservative districts in the country. The judge to whom his case has been assigned jailed Chelsea Manning for refusing to appear before a grand jury investigating Assange.

Assange will appeal Patel’s decision. But if he is ultimately extradited, tried and convicted, it will pose a major threat to investigative journalism. People around the world are supporting Assange but the Biden administration is continuing Trump’s campaign to extradite Assange and try him in the United States.

Guest – Kevin Gosztola, an American journalist who writes about whistleblowers, WikiLeaks, national security and civil liberties. Kevin is managing editor of Shadowproof and he curates The Dissenter. He is producer and host of the weekly podcast Unauthorized Disclosure and co-author of Truth and Consequences: The US vs. Bradley Manning. Kevin has covered the Assange case extensively.

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Chicago Torture Cases Cost Taxpayers 210 Million

Sixty years ago, the great social satirist and comedian Lenny Bruce quipped that “Chicago is so corrupt, it is thrilling.“ Today the corruption may not be so transparent but the amount of money spent to protect and defend cops who kill and torture people is staggering.

A few years ago, the city of Chicago sold its parking meters to a private corporation even as it was closing public schools and mental health clinics ostensibly for lack of funding. But as of now and for the last 15 years, Chicago, Cook County and the State of Illinois has spent at least $212 million of taxpayer money for expenses in torture cases involving the infamous Chicago torturing cop, Jon Burge, and his crew. They operated in Chicago’s brutal Area 2 where they extracted false confessions from more than 125 African-American men through the use of torture.

$37.5 million of the $212 million has gone to what has been called “pinstripe patronage lawyers,“ who defended the police torturers. $19-1/2 million has been spent on special prosecutors in Cook County where Chicago is located. At least $38.7 million has been applied to pension payments for the offending cops, $7.9 million has been spent on the state Torture Commission and Court of Claims payouts, and finally, $108.2 million has gone for settlements, verdicts, and reparations. And the cases, and the payments, continue to this day and will continue into the future.

Guest – Chicago civil rights attorney Flint Taylor who led the litigation against Jon Burge and his torture crew.  Taylor is a founding partner of the People’s Law Office in Chicago and has represented dozens of clients subjected to torture and other police misconduct. He is the author of The Torture Machine: Racism and Police Violence in Chicago.  His most recent case involves the police murder of Joseph Lopez in Greensboro, North Carolina.

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Law and Disorder May 2, 2022

US Petitions The ICC For War Crimes

As the war in Ukraine continues to rage, the U.S. Senate passed a resolution that “encourages member states to petition the [International Criminal Court] or other appropriate international tribunal to take any appropriate steps to investigate war crimes and crimes against humanity committed by the Russian Armed Forces.” Yet the United States has consistently undermined the ICC. The U.S. government thinks the ICC is reliable enough to try Russians but not U.S. or Israeli officials.

Today on Law and Disorder we will examine the matter of what constitutes war crimes, whether war crimes have been committed by either side in Russia’s war in Ukraine, and the role of the International Criminal Court in adjudicating whether or not war crimes have in fact been committed.

Guest – Marjorie Cohn – Law and Disorder co-host, professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, a member of the advisory board of Veterans for Peace, and the bureau of the International Association of Democratic Lawyers. She writes a regular column on Truthout and provides frequent legal and political commentary for local, national and international media. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.

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Beyond Fossil Law:  Climate, Courts, and the Fight for a Sustainable Future

The technology exists to halt and reverse the ongoing catastrophe of climate change. What is lacking is the political will to do it.

It is legal in the United States to put millions of tons of poison into the air but it is illegal to disrupt this ecocide. Our courts and Congress defend this ecocide. What is to be done?

In 2016, four people known as “the valve turners“ shut down four pipelines in the states of Washington, Montana, Minnesota, and North Dakota. They were arrested and tried. How did the valve turners defend themselves? They mounted the defense of necessity.

The necessity defense is the legal concept that a person can commit a minor crime in order to prevent a larger one. In this case the valve turners admitted to trespass on oil pipeline company property in order to prevent their ongoing contribution to the crisis of climate change.

Guest – Attorney Ted Hamilton, author of the just-published book, “Beyond Fossil Law:  Climate, Courts, and the Fight for a Sustainable Future.“ Bill McKibben describes Ted Hamilton book as “a sweeping account of how the legal system enables the ongoing destruction of the planet.“. Ted Hamilton is a climate movement lawyer, writer, and literary scholar. After law school, he co-founded the Climate Defense Project, which provides legal assistance to climate justice activists including the valve turners. He lives in Worcester, Massachusetts.

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Law and Disorder February 28, 2022

To Govern the Globe: World Orders and Catastrophic Change

Today we speak with University of Wisconsin history professor Alfred McCoy about his new book “To Govern the Globe: World Orders and Catastrophic Change.” The United States of America has been governing the globe now for 80 years, since World War II. This is about to end. By 2030, China will have the world’s largest economy and hold more riches than the U.S., which is deeply in debt.

The America we know will change drastically as a world power just as the previous world powers, the British, and before them the Dutch, and before them the Spanish and the Portuguese, all saw their empires end.

Climate change will upend the world. It has already started. The effects of climate change on the population of the world, especially China, will be catastrophic. The great coastal city of Shanghai, where 18 million people reside, will sink, uprooting millions of the 400 million Chinese people in the North China Plain.

What can we learn from the demise of the great world powers in the past? Where is the United States headed and how soon?  What might be done to ameliorate this dire future? Only a prodigious historian could undertake to answer these questions.

Guest – Alfred W McCoy holds the Fred Harvey Harrington chair of history at the University of Wisconsin. He has written 20 books, including “The Politics of Heroin in Southeast Asia,” for which he became well-known, and recently, “In the Shadows of the American Century.”

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Encroaching Fascism In The United States

An American form of fascism is unfolding in our country. What exactly is it and what can we do to fight it?

We see a massive political effort to legitimatize and normalize white minority rule. Things are happening rapidly. A year ago our capital was attacked pursuant to a plan to reverse the results of the election. Soon the Supreme Court will likely overrule the almost 50 year precedent set by Roe v Wade on the question of a woman’s right to control her own body. Voting rights have been and will continue to be extremely restricted particularly in communities of color. Irrational and magical thinking has been legitimatized. More than 900 thousand people have unnecessarily died of Covid. There has developed in our country a culture of cruelty manifested by Trump, but initiated in CIA torture and detention camps for Muslim men and boys in Abu Ghraib and Guantánamo.

It didn’t start after 9/11 with the wars against Afghanistan and Iraq. It goes back further than that. America has been prosecuting wars abroad during our entire lifetimes. The provocations against Russia regarding NATO military encroachment on its borders are the latest chapter in almost continual and seemingly endless wars. A lesson of history since Greek and Roman times is that you can’t have imperialism abroad and democracy at home.

Guest – Professor Henry A. Giroux currently holds the McMaster University chair for a Scholarship in the Public Interest in the English and Cultural Studies Department. He has written many books, most recently The Public in Peril: Trump and the Menace of American Authoritarianism and American Nightmare: Facing the Challenge of Facism.

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Law and Disorder February 7, 2022

Repairers Of The Breach: Reverend Dr. William Barber

As political scientist Barbara Walter has recently warned, violent extremism is on the rise globally, and there’s even an increasing likelihood of a second civil war in the United States. At the same time, a Harvard University poll of 18- to 29-year olds revealed that nearly two-thirds are more fearful than hopeful about democracy’s future. Respondents blamed politicians and money in politics as key factors, along with structural racism, and lack of access to higher education. Both polls came as President Joe Biden addressed international leaders at a Democracy Summit, and said the survival of democracy depended on their decisions. For his part, Biden has promised to rebuild the backbone of the country – the middle class – and has claimed that his Build Back Better Act will do just that. He promises to set the United States on course to meet its climate goals, create millions of good-paying jobs, enable more Americans to join and remain in the labor force, and grow the national economy. The most profitable corporations, and the wealthiest Americans, will pay their fair share of taxes.

Guest – Rev. Dr. William J. Barber II is a member of the National NAACP Board and a pastor of Greenleaf Christian Church in Goldsboro, NC since 1993. He has been called “one of the most gifted organizers and orators in the country today,” and “the closest person we have to Martin Luther King Jr. in our midst.” The Reverend is the president and senior lecturer at Repairers of the Breach and co-chair of the Poor People’s Campaign: A National Call for Moral Revival.

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In Memory Of Glen Ford

Glen Ford died of lung cancer last summer in July at the age of 71. Cornell West wrote that “He was the most brilliant, courageous, and consistent writer and journalist in the Black radical and independent tradition of his generation.“ Of himself Glen said “I am a Black nationalist and a socialist.“ He had been executive editor of the Black Agenda Report, which she helped found in 2006. Today on Law And Disorder we speak with three people closest to Glen Ford. We talk with his daughter Tonya Rutherford, Margaret Kimberley and Ajamu Baraka. Just before he died Glen was able to complete the manuscript for The Black Agenda. The book is available from OR Books.

Margaret Kimberly worked with Glen. She wrote the introduction to his book and is now the Managing Editor of Black Agenda Report. Glen was her mentor and teacher. Ajamu Baraka is an editor and frequent contributor to BAR. He is the Executive Director of the Black Alliance for Peace He ran as the Green Party candidate for vice president in 2016. Raymond Nat Turner is the poet in residence at BAR.

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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 January 10, 2022

Dark Money, Corporate Corruption And Right Wing Networks

We are at a pivotal moment in this country and the coming year may will decide whether we can right the course of history. Nancy MacLean’s important book Democracy in Chains revealed the Rights‘ decades long stealth campaign to reverse engineer America back to the days when the robber barons reigned supreme and rigged the legal and constitutional rules to work in their favor.

Professor MacLean wrote that “Trump and the forces of the right are actively trying to rig the conducting and counting of elections, state by state, as they create a frightening autocratic, post truth society few would have ever thought possible in America.”

The January 6th insurrection was a dress rehearsal for a Trump coup attempt in 2024. If he loses the election Trump and his far right supporters are laying the groundwork in state legislatures to take control of the electoral process to reverse the loss and claim a victory.

The alliances between the corporate state, Trump, and white nationalists have seen a flood of dark money to subvert free and fair elections, block climate and economic justice legislation, push for a constitutional convention to permanently guarantee the rule of the rich, and the crippling of the federal government’s ability to protect working families, the environment, and promote equity for all.

The investigative journalism published by the Center for Media and Democracy has exposed groups on the far right like the American Legislative Exchange Council (ALEC), Heritage Action, and the Republican Attorneys General Association (RAGA) which are working hard to suppress the vote, tear down the firewall to protected our democracy in 2020 and put Trump acolytes in positions of power where they can subvert future elections.

ALECExposed.org

Guest – David Armiak who is Research Director with the Center for Media and Democracy. He has conducted extensive investigations on dark money, corporate corruption, and right wing networks, and is responsible for filing and analyzing hundreds of public records request every year.

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The US Supreme Court And US Democracy Going Forward

The Supreme Court as presently constituted has six reactionary judges and three liberal minded ones. Progressive people are alarmed by its recent decisions and fearful of what it will do in the future.

One of the liberals on the court is Steven Breyer. He’s 83 years old. Should he retire, it would give the Democrats the opportunity to try to appoint a replacement who is not a reactionary. This will be an uphill battle, but it is a fight well worth it.

A right-winger will certainly get the job if a Republican president and a Republican controlled Senate in the year 2024 choose a successor to Breyer if he dies or retires

When Barack Obama was president, he hinted to the liberal Ruth Bader Ginsburg, who was 80 years old and a two-time cancer patient, to step down but she declined. Ginsburg died while still serving as a Justice of the Supreme Court. Republicans in the Senate would not allow a vote for Judge Merrick Garland, whom Obama had nominated for the Supreme Court seat. Ginsburg was then replaced by the young right-winger Brett Kavanaugh who joined two other young right-wing Trump judges.

The Trump-dominated Republican party is well aware that to topple democracy they must take over the courts. The current Roberts Court has for more than a decade consistently leveled this attack on democracy by eviscerating the Voting Right Act, unleashing unlimited corporate monies into elections, allowed clearly partisan gerrymandering of elections, and is now training its sights against reproductive choice by severely restricting abortion rights.

Yale historian Jason Stanley has recently written, “There is every reason to believe that the court will allow even the simplest of democracy to crumble as long as laws are passed by gerrymandered republican state houses that make anti-democratic practices, including stealing elections, legal.”

Guest – attorney Martin Garbus, a constitutional litigator who has represented Steven Donziger, Nelson Mandela, Daniel Ellsberg, and Lenny Bruce.

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