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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Law and Disorder December 27, 2021

JFK Revisited: Through the Looking Glass

President John F. Kennedy was assassinated on November 22, 1963, 58 years ago. Assassination is a political murder. His murder was a turning point in American history. The first question needed to be ask in a murder case is why. The second question is who.

Today we discuss this catastrophic turn in American history with filmmaker Oliver Stone who directed his just released new documentary JFK Revisited: Through the Looking Glass. Stone uses evidence from the “Assassination Record Review Board“ to bolster our understanding that the assassination was not accomplished by a lone individual, Lee Harvey Oswald.
Kennedy was killed because he was pushing for the detente. He wanted to end the nuclear arms race with the Soviet Union. He wanted to get American troops out of Vietnam and end its counterrevolutionary involvement.

President Kennedy wanted to re-establish relations with Castro and revolutionary Cuba. He wanted to support the independent former colonial countries like the Congo. It was for this that he was murdered and the course of American history was changed.

One of the first things the new president Lyndon Johnson did – he had been Kennedy‘s Vice President – after he was installed, was to reverse Kennedy‘s order initiating the withdrawal of American troops in Vietnam. Instead Johnson escalated the war, eventually putting a half million American soldiers on the ground in that tragically ravished country, killing some 3 million Vietnamese people, including 53,000 American soldiers.

Guest – Oliver Stone, filmmaker, author, his 1991 movie “JFK“ was nominated for four Oscars, winning two of them. His new documentary JFK Revisited : Through the Looking Glass has been pretty much ignored by the mainstream American media.
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The Trend Toward Water And Waste Privatization

By 2025, two-thirds of the world’s population will be out of fresh drinking water, according to the World Bank. Fortune magazine recently called water “the oil of the 21st century.”

This situation has private companies flocking to privatize water delivery in areas parched for water. Rather than helping to protect existing water supplies, increase conservation measures, stem pollution, and assist needy populations, pressure mounts to commodify and profit from this natural resource and most fundamental human need.

Similarly, the National Waste and Recycling Association supports privatizing waste and recycling collection services at all levels of government. And Americans produce a lot of waste: on average at least 4.4 pounds each a day, or at least 728,000 tons total per day.

Private water companies have existed in the US for more than 200 years; today there are thousands serving more than 73 million Americans. And as of 1995, half of the nation used private waste management companies. But that’s one of the most dangerous jobs in the nation, with often lax job safety: in NYC private sanitation trucks killed 7 people in 2017; city municipal sanitation trucks haven’t killed anyone since 2014.

Privatization often brings rate hikes, decreased water quality, less reliability, and poor customer service. The average US community with privatized water paid 59 percent more than those with government supplied water. New Jersey has more private water systems than most states, and they charged 79% more. In Illinois, they charged 95% more.

Private water corporations have also been implicated in environmental disasters. The French multinational, Veolia, issued a report in 2015 certifying that Flint, Michigan’s water system met EPA standards, but neglected to mention high lead concentrations.

Guest – Attorney Terry Lodge is from Toledo where he specializes in environmental and energy issues. He is associated with the nonprofit Community Environmental Legal Defense Fund, which offers free and affordable legal services.

Guest – Lindsey Schromen-Wawrin an attorney at Shearwater Law PLLC also affiliated with Community Environmental Legal Defense Fund since 2013, He serves as a city councilor in Port Angeles, Washington, and is a member of the International Parliamentary Alliance for the Recognition of Ecocide.

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Law and Disorder December 20, 2021

Recalling San Francisco District Attorney Chesa Boudin

Chesa Boudin has been serving San Franciscans as their district attorney for nearly 2 years. He is a leading progressive in what has been called the progressive prosecutors’ movement. Other progressive district attorneys in that small cohort are George Gascon in Los Angeles and Larry Krasner in Philadelphia.

In Berger v. United States, the Supreme Court said that the duty of a prosecutor “in a criminal prosecution is not that it shall win a case, but that justice shall be done.” Yet all too many prosecutors are more concerned with winning cases than doing justice, which includes the protection of constitutional rights.

Chesa campaigned by proposing solutions to the disaster of mass incarceration, the civil rights issue of our time. He introduced policies of diversion and no cash bail. He put fewer juveniles behind bars. He opposed the death penalty and focused his efforts on helping victims of crimes. Chesa Boudin said that the recall effort is about criminal justice reform, that it is “a question of whether we are going to go forward and continue to implement data driven policies that center on crime victims, that invest in communities impacted by crime, and that use empirical evidence to address root causes of crime in our communities or if we are going to go back to the failed policies of Reagan and Trump.”

Chesa’s efforts are now being challenged. A claimed 83,000 signatures were gathered in San Francisco by paid workers to put a recall Boudin question on the San Francisco county ballot in June. Even Donald Trump has injected himself into the campaign in what has become a national well-funded Republican putsch.

ChesaBoudin.org

Fear mongering is employed to create a false conception that crime in San Francisco is rising. Today, my co-host Marjorie Cohn, a former criminal defense attorney and law professor, and I talk with Chesa Boudin about his philosophy and successful efforts as a progressive prosecutor.

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Decision To Not Extradite Julian Assange To U.S. Reversed

A devastating decision, the worst decision against free journalism in modern U.S. history came down on December 10th from a British appellate court against Julian Assange.   It will abolish “National security“ journalism everywhere giving United States the power to reach across oceans and indict journalists and publishers who publish stories exposing and embarrassing the U.S. government. This is what Julian did.

The horrible but not unexpected decision reversed the decision of Vanessa Baraitser, the  lower court judge who had refused a U.S. Government request to extradite Julian and send him to the Eastern District of Virginia where he will be put on trial for 17 counts under the 1917 Espionage Act. The charges stem from WikiLeaks’ 2010 revelations of U.S. war crimes. It is unlikely he could receive a fair trial in that most conservative district where most of the so-called War on Terror cases have been tried.

The lower court judge had ruled that the conditions of imprisonment in a U.S. prison are so egregious that Assange, who is in very frail mental health, would likely take his own life.  He had already tried to do so in the wretched London Belmarsh prison where he is now being held in torturous solitary confinement.

When Baraitser’s decision came down, the United States was quick to offer so-called “assurances“ to the appellate court that Assange would not be sent to the maximum security prison in Florence, Colorado and would not be subjected to special administrative measures which would cut him off from human contact.  It was these assurances on which the appellate court relied in overturning the lower court’s decision.

Julian Assange was a young computer genius, an Australian citizen, who figured out a way to receive information from whistle blowers and publish that truth telling material anonymously in order to protect them.

When he began publishing WikiLeaks, Assange won awards for his journalism.  He exposed U.S. war crimes in Afghanistan, Iraq, and Guantánamo. He embarrassed the Democratic Party by showing how Hillary Clinton stole the nomination from Bernie Sanders.

When Mike Pompeo was Trump’s CIA director, he called WikiLeaks “a hostile non-state intelligence agency” and CIA officials suggested that Assange be kidnapped from the Ecuadorian embassy in London, where he had received political asylum, and assassinated.

It was to the United States that the British High Court had no hesitation in sending Julian. So can the U.S. government’s assurances be trusted? Probably not, as they have reneged on nearly identical assurances in the past.

Meanwhile Julian Assange sits in isolation in Belmarsh prison in failing physical and mental health.  His lawyers will appeal the decision to the British Supreme Court. But in the meantime, the United States has Julian exactly where they want him in the upcoming months or years that an appeal would take.

U.S. smearing, persecution, and isolation of Julian Assange has been going on now for 10 years. The sordid story began a decade ago when the US Department of Defense took the position that Julian should be discredited and slandered.  He was falsely blamed for sexual misconduct in Sweden involving two women who never wanted Julian targeted. But the United States was able to get a prosecutor who did.  A warrant was sent from Sweden to England requesting that Julian be sent to Sweden for questioning.

Our own  Michael Ratner was representing Julian at the time. In an attempt to avoid being sent to Sweden, which would have extradited Julian to the United States for trial under the Espionage Act, Julian was granted political asylum in the tiny apartment that serves as the Ecuadorian embassy in London.  He remained there for seven years under the direct video surveillance 24 hours a day by the CIA

Then the U.S. bribed and bullied its way to reverse the grant of asylum after a U.S.-friendly president assumed the helm of the Ecuadorian government. The British police brutally extracted him from the embassy and put him in solitary confinement in the notorious London Belmarsh prison, where he has remained for nearly 3 years.

Then the Trump administration brought the Espionage Act charges against him. Biden had referred to Julian as “a high-tech terrorist,” and his administration continued Trump’s historically unprecedented pursuit of Assange.

AssangeDefense.org

Guest – Chris Hedges whose many books and brilliant journalism have caused him to be respected as a moral philosopher. He is a regular columnist  for Scheerpost” and is host of the show On Contact. Chris’ most recent article on the decision to extradite Julian Assange.

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