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 Earlier, the charge of trespass was withdrawn against her.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 October 17, 2016

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Women’s Boat To Gaza: 2016

When the Zionist settlers colonized Palestine they removed 750,000 natives in 1948 and more in the 1967.  Many Palestinians fled to Gaza where 1,900,000 people live in a 5 x 25 mile strip of land in the Mediterranean Sea south of Israel. Gaza is completely blockaded by the Israeli army, Air Force and Navy. The 25 mile stretch of land has been called the largest open air prison.  In 2012 the Israeli Army and Air Force attacked Gaza killing several thousand people, including more than 500 children and destroyed many buildings and the infrastructure of the area like hospitals, schools and the water purification plant. Because of the Israeli blockade, Gaza has yet to be rebuilt.

Ann Wright was on the boat Zaytouna-Oliva as part of the women’s boats to Gaza project. It sailed 1,715 miles from Barcelona Spain to Corsica to Sicily and on towards Gaza. However, the boat was seized by the Israeli Navy on October 5, 2016. They were in international waters 34 miles from Gaza when they were illegally apprehended by the Israeli Navy, taken to Israel, and deported. On board were 13 women from various countries whose mission was to bring hope to the people of Gaza and show they are not forgotten. Ann joins us today to talk about this courageous endeavor of hope and peace. She’s a retired Army Colonel and diplomat who resigned after the beginning of the war on Iraq.  She has since devoted herself to the peace movement.

Guest – Ann Wright is a 29-year US Army/Army Reserves veteran, a retired United States Army colonel and retired U.S. State Department official, known for her outspoken opposition to the Iraq War. She received the State Department Award for Heroism in 1997, after helping to evacuate several thousand people during the civil war in Sierra Leone. She is most noted for having been one of three State Department officials to publicly resign in direct protest of the 2003 Invasion of Iraq. Wright was also a passenger on the Challenger 1, which along with the Mavi Marmara, was part of the Gaza flotilla. She served in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Sierra Leone, Micronesia and Mongolia. In December, 2001 she was on the small team that reopened the US Embassy in Kabul, Afghanistan. She is the co-author of the book “Dissent: Voices of Conscience.” She has written frequently on rape in the military.

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Jeff Mackler : U.S. Presidential Campaign Gains Support

Law and Disorder will be broadcasting interviews with candidates other than the two major parties. We check in with Jeff Mackler who is the National Secretary of Socialist Action and their 2016 presidential candidate. Jeff Mackler is the author of 25 books and pamphlets on a range of key social, economic and political issues. He’s a lifelong anti-war and anti-racist activist and a leader of the United Anti-War Coalition.

Guest – Jeff Mackler, is the National Secretary of Socialist Action and Socialist Action’s candidate for president in 2016. Mackler is the author of some 25 books and pamphlets on a range of key social, political and economic  issues, a lifelong antiwar and anti-racist activist, a leader of the United National Antiwar Coalition and founder of the Northern California Climate Mobilization.

Law and Disorder October 10, 2016

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Seeking Justice: The Leo Frank Case Revisited

In 1913,  a 29 year old New York Jew who managed a pencil factory outside of Atlanta was hauled out of his jail cell in Marietta, Georgia by a group of prominent citizens including the judge who found him guilty. He was placed standing table. A rope was tied to a tall tree and put around his neck. The judge kicked the table out from under him. Leo Frank was lynched. The case had became a national scandal with Frank being accused and found guilty of raping and murdering a 13-year-old girl, Mary Phagan, who worked at the pencil factory. Frank was sentence to death, although he was innocent, but lost his appeals all the way up to the Supreme Court. The governor of Georgia, feeling uneasy about the impending execution, commuted his sentenced to life in prison. The commutation incited the local citizens to carry out the execution themselves by breaking into Frank’s cell and taking him out for the lynching. The Museum of Jewish Heritage in Battery Park City at the southern tip of Manhattan is featuring a show on the Frank case.

Guest – Steve Oney, was educated at the University of Georgia and at Harvard, where he was a Nieman Fellow. He worked for many years as a staff writer for the Atlanta Journal-Constitution Magazine. He has also contributed articles to many national publications, including Esquire, Playboy, Premiere, GQ and the New York Times Magazine. Oney lives in Los Angeles with his wife, Madeline Stuart. Steve is the author of The Dead Shall Rise : an acclaimed account that re-creates the entire story for the first time, from the police investigations to the gripping trial to the brutal lynching and its aftermath. Oney vividly renders Atlanta, a city enjoying newfound prosperity a half-century after the Civil War, but still rife with barely hidden prejudices and resentments. He introduces a Dickensian pageant of characters, including zealous policemen, intrepid reporters, Frank’s martyred wife, and a fiery populist who manipulated local anger at Northern newspapers that pushed for Frank’s exoneration. Combining investigative journalism and sweeping social history, this is the definitive account of one of American history’s most repellent and most fascinating moments.

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Dakota Access Pipeline: Dispatch #4

The Dakota Access Pipeline which is planned to bring dirty shale oil through North Dakota and underneath the Missouri River into the Midwest has been stalled by a powerful occupation of representatives of some 180 native American tribes and several thousand supporters who are camped out in North Dakota. The pipeline is being constructed by a Texas company. It is a $3.8 billion project financed by loans from Goldman Sachs, the Chase Manhattan Bank, UBS bank and other banks. The amount of air pollution emitted by not keeping this oil in the hole is substantial and will contribute substantially to global warming. Moreover, if the pipe breaks under the river, as these pipelines frequently do, such an incident could pollute the drinking water of up to 20 million people who depend on it.

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

Law and Disorder September 19, 2016

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Attorney Jeff Haas: Bakken Pipeline Construction Temporarily Halted

Last week the US government announced that the construction of the Dakota Access Pipeline under the Missouri River in North Dakota near Sioux Indian lands had been voluntarily suspended. In a joint statement the Department of the Interior, which interacts with Native Americans, the Department of Justice,and the Army Corps of Engineers, which had granted the permit for construction, announced that a reconsideration of the process whereby the US government receives input from  Native Americans was under examination.  So, the fight about water and human rights continues.

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.

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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U. S. Commission on Civil Rights: Peaceful Coexistence

Recently the U. S. Commission on Civil Rights issued a report called “Peaceful Coexistence:  Reconciling Non-discrimination Principles With Civil Rights  “.
The report discusses how religion is used to deny others’ equality.  The commission’s chairman Martin Castro wrote that the phrases “religious liberty”  and “religious freedom ” are code words hypocritically employed to support discrimination, intolerance, racism, sexism, homophobia, and Christian supremacy.

Guest – Columbia Law Professor Attorney Katherine Franke about the commission’s findings and recommendations and the objections to the reports conclusions. Katherine Franke is the chair of the board of the Center for Constitutional  Rights.  She is the Sulzbacher Professor of Law at Columbia Law School, and also the Faculty Director of the Public Rights/Private Conscience Project, a think tank that brings legal academic expertise to bear on the multiple contexts in which religious liberty rights are in tension with other fundamental rights to equality and liberty. Her book is titled “Wedlocked:  The Perils of Marriage Equality”.

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Ray McGovern: Surveillance, Terrorism, CIA, Manufactured War

Fifteen years have passed since the criminal attack on September 11, 2001.  Today we’ll take a look at some critical changes this country has undergone since. Believing he was doing God’s will, President George W. Bush ordered airstrikes against Afghanistan and then, with intelligence cooked up to fit the plan, brought shock and awe to the people of Iraq,  killing and and displacing more than 1 million people.  The authorization to use military force that he procured from a frightened Congress is still used as a rationale for overseas war. Obama is the only president in American history that has fought  wars for the entire eight years of his presidency. Currently the United States is at war in seven different countries.  At home, draconian legislation such as Patriot Act was quickly passed even though it wasn’t read by most members of Congress. The surveillance budget of the CIA and the NSA tripled. Every keystroke we make on our computers and every phone call we make, are spied on by our own government. We live in a culture of manufactured fear of terrorism, even though more people were killed by toddlers with pistols then terrorists.

Guest – Ray MacGovern, former senior CIA analyst, who was for 27 years an analyst with the CIA giving the first President George Bush his daily intelligence briefing.  He is the cofounder of Veteran Intelligent Professionals for Sanity.  Ray McGovern works for Tell the World, the publishing an arm of the Ecumenical Church of the Savior in the Inner City of Washington DC.

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Law and Disorder September 5, 2016

Updates:

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Federal Judges Often Let Bad Cops Slide

In examining the root causes of police violence across the nation, few people consider the role that federal judges play in contributing to this epidemic. According to one of the authors of Police Misconduct: Law and Litigation, a principal cause of police brutality is a widespread unwillingness of federal judges to hold officers accountable for instances of misconduct.

The problem even extends to the US Supreme Court, where Justice Kagan has shown deference to two reckless officers who shot and nearly killed a mentally ill woman in her own apartment rather than waiting for backup.

Guest – Professor Michael Avery, former president of the National Lawyers Guild, and co-author of the police misconduct treatise for attorneys on civil rights cases, Michael has reviewed thousands of such cases over several decades. His op-ed in the Baltimore Sun, “Federal Judges Often Let Bad Cops Slide,” asserts that judges’ failure to hold officers accountable for abuse of authority is a central cause of police brutality in this country.

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Policing the Planet: Why the Policing Crisis Led to Black Lives Matter

The policing strategy called “broken windows” was first established in New York City under Police Commissioner William Bratton. It is a doctrine that has vastly broadened police power the world over and to deadly effect. The underlying concept of broken windows policing is deceptively simple: to stop major crimes from occurring, police must first prevent small signs of “disorder” from proliferating, such as graffiti, litter, panhandling, the sale of untaxed cigarettes and so forth. Disorder in the form of minor violations is presumed to breed larger disorder. Broken windows policing has functioned as an urban strategy enabling the gentrification of cities – a class project that has displaced the urban multi-racial working class worldwide.  It has led to widespread invasive police practices, racial profiling, police brutality, and many deaths.  We now have in America a crisis of authority and legitimacy for US policing.

Guest – Professor Christina Heatherton, coeditor with Jordan T. Camp of the recently published book Policing the Planet: Why the Policing Crisis Led to Black Lives Matter. Heatherton is an American studies scholar and an historian of antiracist social movements. She teaches at Trinity College in Connecticut.

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Brazil Government Coup Illegitmate Says International Tribunal

An international tribunal has declared the impeachment of Brazil’s President and head of the workers party Dilma Rousseff an illegitimate coup.  The Tribunal for Democracy in Brazil convened in Rio de Janeiro  two months ago.  It was organized by social movements in Brazil to analyze and render a judgment on what they described as a break in the democratic process and a new type of coup.

Guest – Attorney Azadeh Shahshahani former member of the tribunal. She recently wrote an article on its findings for the nation magazine. Attorney Shahshahani is the Legal and Advocacy Director with Project South and a past president of the National Lawyers Guild.

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Law and Disorder August 8, 2016

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Civil Disobedience Ordinance and Home Rule In Grant Township, PA

In what is perhaps the nation’s first law that legalizes direct action, Grant Township in Indiana County PA, passed an ordinance permitting nonviolent direct aimed at stopping local frack wastewater injection wells.  Pennsylvania General Energy Company has sued the Township to overturn a local democratically-enacted law that prohibits injection wells. In 2013, residents in Grant Township learned that PGE was applying for permits that would legalize the injection well. Despite hearings, public comments, and permit appeals demonstrating widespread residents opposition to the project, the federal Environmental Protection Agency issued a permit to PGE. In response, the Community Environmental Legal Defense Fund, Grant Township Supervisors passed an ordinance the next year establishing rights to clean air and water, and the right to local community self-government.

If a court fails to uphold citizens’ right to stop corporate activities threatening the community’s well-being, the ordinance provides that, “any natural person may then enforce the rights and prohibitions of the charter through direct action.” It also says that any nonviolent direct action to enforce their Charter is protected from any legal actions brought by private or public entities.

Guest – Chad Nicholson, the statewide Pennsylvania Organizer for the Community Environmental Legal Defense Fund (CELDF). The work keeps him on the road constantly, working with communities facing industrial threats in all corners of the Keystone State. Recent work has, included CELDF’s role in defending two communities in federal court (including Grant Township) facing toxic injection wells; multiple communities pursuing Home Rule campaigns to increase community control over harmful corporate projects; and work with dozens of other communities fighting harms that range from corporate herbicide spraying to factory farms to sewage sludge spreading to fracking to massive energy corridors.  With colleague Ben Price, Chad has co-authored the Pennsylvania Community Rights Cookbook, a 700-page volume on the history of people’s movements, and the tragic rise of corporate power, in Pennsylvania. The Cookbook serves as the curriculum for 2-day Community Rights Workshops, which have graduated hundreds of PA residents who are asserting their community’s rights over corporate control.

Chad began rights-based organizing in Spokane, WA, in 2009, coordinating Envision Spokane’s first campaign attempting to amend the city’s Home Rule charter to recognize expanded rights for residents on issues that ranged from healthcare, affordable housing, worker protections on the job, and environmental rights.

Guest – Stacy Long,  lives in East Run, Pennsylvania with her husband, Mark.  Two male kittens will be joining them in mere days.  A graphic designer by trade, she’s also president of the East Run Hellbenders Society and is a board member of the PA Community Rights Network.  She currently serves as  vice-chair on the board of supervisors in Grant Township. She likes to make and eat soup and she likes flying around on broomsticks.”

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Voting Restrictions Overturned In North Carolina By Federal Court

The great Civil Rights Movement of the 1960s gave rise to the 1967 Voting Rights Act. It protected black citizens. Many of them were poor, when they sought to exercise their constitutional right to vote. Last month the US Court of Appeals for the Fourth Circuit invalidated voting restrictions in North Carolina that were described as targeting African Americans with almost surgical precision. In June of 2013, the Supreme Court removed a part of the Voting Rights Act ruling that states with the longest histories of voting discrimination no longer needed to approve their voting changes with the federal government. Within a month of that decision North Carolina passed the country’s most restrictive voting laws. Those restrictions were recently overturned in violation of the Voting Rights Act and the 14 amendment.

Guest – Julie Ebenstein, staff attorney with the ACLU Voting Rights Project. Julie is actively involved in litigating voting rights matters around the country, with cases in Kansas (challenging the state dual registration system), Iowa (challenging the state’s felon disenfranchisement laws), North Carolina (challenging cutbacks to early voting and the elimination of same-day registration) and Ferguson, Missouri (challenging at-large school board elections).

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Successful Defense Against Entrapment Case In Canada

A Canadian couple who faced life in prison for hiding what they believed were pressure cooker bombs outside British Columbia legislative building in 2013 were freed last month after a judge ruled they were entrapped by the Royal Canadian Mounted Police. John Stuart Nuttall and Amanda Marie Korody were the victims of an elaborate police sting. Justice Catherine Bruce of the Supreme Court of British Columbia found that the police had initiated the terrorist plot and coerced the couple.

Guest – Attorney Marilyn Sandford about the case and the involvement of the Canadian Security Intelligence Service. Marilyn Sandford works in private practice in Victoria, BC. She represents clients facing criminal charges and advancing civil constitutional claims.

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