Law and Disorder July 12, 2021

Public Intellectual: The Life of a Citizen Pilgrim by Professor Richard Falk

If we are ever to have a world not threatened by catastrophic climate change and devastating nuclear war we will need a world governed by respect for the rule of law, democracy, and the democratic right of peoples to self- determination. After the World War II, the United Nations was established in 1945 in an effort to prevent future wars. In this it has failed. The United States of America has been at war almost every year since its beginning and almost every year since the 50’s starting with Korea, then Vietnam, then Afghanistan, Iraq, Syria, and Libya.

Today the United States has 800 bases abroad in 80 countries. It spends $753 billion a year on the military, which is 53 cents out of every tax dollar.

Michael Ratner, a founder of Law And Disorder Radio and who practiced human rights law internationally, used to say that you cannot have imperialism abroad and democracy at home. He said it was a truth established by the decline of both the Greek and Roman empires thousands of years ago.

Guest – International Law Professor Richard Falk who is still teaching and going strong at age 90. He has recently had published his magnificent memoir titled Public Intellectual: The Life of a Citizen Pilgrim. Professor Falk is a leading international law professor, prominent activist, public author, and a pioneer thinker dedicated to peace and justice. He taught at Princeton University for 40 years and was active in seeking an end to the Vietnam war, a better understanding of Iran, a just solution for Israel/Palestine, and improved democracy everywhere. He also served as the UN Special Rapporteur for Occupied Palestine. He has written 50 books. Since 2009 he has been nominated annually for the Nobel Peace Prize.

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In Defense of Whistleblowers: Attorney Sarah Alexander

James Glenn was working for NetDesign, a Cisco Systems reseller in Denmark when he came across a vulnerability in software made for a line of Cisco’s video surveillance cameras. The flaw made it easy for would-be hackers to access the systems running the devices and to penetrate the systems on a deeper level after gaining entry. Glenn made the discovery after taking part in his company’s “own medicine” initiative, where staffers test equipment and software for security holes. In 2008 he reported the issue to his employer and to Cisco, assuming that he’d be praised for finding the problem. Instead, he was fired.

Cisco Systems is one of the world’s leading information technology and networking companies. With a market cap of close to $195 billion, Cisco dominates the networking and communications devices industry. Glenn notes that he learned the cameras and software were still being used by the Los Angeles International Airport, and in 2010 he spoke with law enforcement personnel about his concerns regarding LAX. According to court filings cited by Glenn’s attorneys, Cisco failed to fix the vulnerability until an updated version of the software was released in 2012. It then took the company 3 more years to release a security advisory to companies using the previous, flawed version of the software.

Stories like this are all too common. Whistleblowers frequently lose their jobs and suffer significant personal hardships as a result of coming forward on behalf of the public’s interest.

Guest – Attorney Sarah Poppy Alexander of the law firm Constantine, Cannon. Poppy represents whistleblowers and government entities in so called “qui tam” lawsuits in both federal and state court, as well as under the IRS and Securities and Exchange Commission’s whistleblower programs. Poppy has been selected to the Northern California Super Lawyers Rising Stars list every year since 2016. Before joining Constantine Cannon, Poppy was an associate attorney at Rosen, Bien, Galvan & Grunfeld LLP, where she worked to ensure prisoners received appropriate medical and mental health care and adequate accommodations for disabilities in jails and prisons. Poppy graduated from Harvard Law School and holds an M.A. in Political Theory from the University of California, Berkeley, and a B.A. from Yale College.

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Law and Disorder July 5, 2021

Former NY Mayor Rudy Giuliani’s License To Practice Law Suspended

Two weeks ago former president Donald Trump‘s attorney Rudy Giuliani’s license to practice law was suspended. The disciplinary committee of the New York City appellate division court where Giuliani had been licensed to practice law ruled that “he communicated demonstrably false and misleading statements to courts, lawmakers, and the public at large in his capacity as a lawyer for Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020. In addition, on January 6, the committee took notice of Giuliani‘s urging the crowd in Washington DC make law by “engaging in combat.”

The disciplinary committee found that Giuliani’s conduct “immediately threatened the public interest in warranted interim suspension for the practice of law.” Giuliani became the first attorney to experience professional consequences for perpetuating lies about fraud in the 2020 election.

He had been the main prosecutor in the Southern District of New York before becoming mayor. After 911 he was widely viewed as a hero and denominated “Americas mayor“. He went on to practice law representing a number of corporations and becoming rich before becoming Trump’s attorney.

Guest – Professor and attorney Ellen Yaroshefsky, is one of the signatories to one of the complaints against Giuliani. Professor Yaroshefsky is the Associate Dean for Research and Faculty Development, Howard Lichtenstein Distinguished Professor of Legal Ethics, and Executive Director of the Monroe H. Freedman Institute for the Study of Legal Ethics.

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The Capital Riot Aftermath Evaluation: Attorney Margaret Ratner-Kunstler

At the same time we have a radicalization of the left we also have one on the right. The one on the right has been building for 40 years. A right wing racist nationalist demagogue, Donald Trump, got 74 million votes in the last election. People and organizations supporting Trump and egged on by him ransacked the Capital on January 6.

“The military was an active participant by refusing cars to intervene to stop the invasion of the building, “Barry Shepard wrote in Green Left Weekly. “They stood by for some four hours. Eventually it was the Washington DC police who finally ended it.“
Caroline Or, writing in Byline Times wrote that “the Capital riot was not a spontaneous outburst of violence, but rather a carefully orchestrated, well-funded attempt to violently overthrow the election and bring an end to democracy in America.“ Further, she wrote that “there is a close alliance between violent extremist and mainstream factions of the Republican Party, including wealthy donors and elected officials.“

The Republicans in Congress succeeded in blocking a proposal to convene a bipartisan committee to investigate the interaction. For his part, Biden has avoided talking about it in an evident attempt to assure his allies overseas that America is still a democracy.
Who did it, what did they hope to accomplish, love and what has been done by way of an investigation and criminal prosecution?

Guest – human rights attorney Margaret Ratner Kunstler who has worked at the Center for Constitutional Rights and is the editor of the recent book In Defense of Julian Assange.

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Law and Disorder June 21, 2021

NSA Whistleblower Released From Texas Prison

Former NSA contractor Reality Leigh Winner was released on good behavior from a Texas prison on June 2. In 2017 Winner became the first person prosecuted during the Trump administration on charges of leaking classified information. She was sentenced to 5 years and 3 months in prison and served four years. The 29-year-old will ultimately be transferred to home confinement prior to her full release from custody in November.

Winner, a former Air Force linguist, leaked a top-secret report detailing hacks by Russian intelligence operatives against local election officials and a company that sold voter registration software. She sent it by mail to the online publication The Intercept. Given the document’s significance, Intercept staff sought to authenticate it before reporting on it. Their process of authentication, however, turned out to be deeply flawed because the Intercept sent a pdf scan of the hard copy report to the NSA’s public affairs office which contained clues that then led the government to discover Ms Winner’s identity.

A former Air Force linguist, Reality Winner entered a guilty plea to a single felony count of unauthorized transmission of national defense information in 2018, after being prosecuted for leaking classified information.

Guest – Alison Grinter Allen, who is Reality’s attorney. Alison’s Twitter account

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Channeling the Past: Politicizing History in Postwar America

There is no shortage of aphorisms about history repeating itself when leaders fail to learn from prior mistakes. While a thorough grasp of history is no guarantee that things will go smoothly in the future, it can help gain insight about current conditions, and can inform future actions.

But history is vulnerable to manipulation. Never stagnant, and always subjective, history is constantly being reshaped especially by those with the resources to do so. According to Professor Erik Christiansen, as new channels of mass communication emerged on the heels of World War II, elite communities in the media, commerce, and government mined examples from history to create their own propaganda. Through a range of techniques, aided greatly by television, they advanced their respective agendas, from commerce to politics.

In his book, Channeling the Past: Politicizing History in Postwar America, by the University of Wisconsin Press, Professor Christiansen presents a history of what he calls the usable past in postwar America. He examines several sources of purposely politicized history that put themselves forth as credible citizens history, adapted for the new age.

Guest – Erik Christiansen, professor of history and public history coordinator at Rhode Island College.

Poetry By Raymond Nat Turner – Justice Served / Essential Work

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Law and Disorder June 14, 2021

Attorney Ron Kuby Updates On Donziger Trial

Three weeks ago, environmental attorney Steven Donziger’s Chevron-funded trial for misdemeanor contempt trial drew to a close. Steven and his defense team are now waiting for what they claim is an inevitable verdict of “guilty” by Chevron-linked Judge Loretta Preska. As Steven has written to his supporters, Preska denied him a jury of unbiased fact finders by ordering a bench trial. She also ruled against Steven and his attorneys on 99% of all their courtroom objections. Steven also notes that Preska—a conservative judge and a former member of the Federalist Society’s advisory board—actually read the newspaper during witness testimony.

The defense team is preparing for its expected appeal after Preska delivers her ruling. They are following up on, and researching, additional revelations of corruption by Chevron and the high-paid lawyers challenging the original multi-billion-dollar fines for Chevron’s toxic pollution in Ecuador.

DonzigerDefense.com

ChevronToxico.com 

ChevronInEcuador.com

Guest – Attorney Ron Kuby, who along with his law partner Rhiya Trevedi and noted First Amendment attorney Martin Garbus, comprise the Donziger defense team. Ron is the former law partner of William Kunstler, and his body of work continues to uphold their tradition of representing the poor, downtrodden, and wrongfully accused.

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Building Support To Free Wikileaks’ Julian Assange

Whistle blowing Australian journalist and the publisher of WikiLeaks Julian Assange sits in a jail cell in solitary confinement in London’s infamous Belmarsh prison. There he awaits the decision of the British High Court as to whether at the behest of the Trump and now Biden administrations he will be extradited to the Eastern District of Virginia to stand trial on 17 counts of espionage under the recently resurrected 1917 Espionage Act which was originally enacted to be used against spies. He will certainly be sentenced to imprisonment for the rest of his life at a super maximum-security prison where communications with the outside world will be cut off.

His case is on appeal to the British High Court. At the recent extradition hearing British magistrate Vanessa Baraitser ruled in favor of the United States on all 17 counts of espionage lodged against him by the Trump administration. She did however rule that Julian Assange would be subjected to terrible conditions in American maximum-security prison and therefore should not be extradite. The Biden administration has appealed this ruling.

The charges Assange faces are a major threat to press freedom. James Goodale, who represented the New York Times in the Pentagon papers case, commented, “The charge against Assange for “conspiracy” with a source is the most dangerous I can think of with respect to the first amendment in all my years representing media organizations.”

It is crucial to build support for Assange and preventive his delivery into the hands of the Biden administration and its prosecutors.
Julian Assange’s crime was to expose the war crimes, murder, and the inner workings of the American empire to the world press. He might pay for this embarrassment with his life.

Homerun4Julian.com

Guest – John Shipton, Julian’s father who is visiting the United States from his native Australia touring to raise support for his victimized son.

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Law and Disorder June 7, 2021

Attorney Flint Taylor Update On The Marcus Smith Case In Greensboro, NC

Police in America kill more than 1500 citizens a year. That’s more than three a day and they’re disproportionately Black. Police killed more than 1500 people the year before the murder of George Floyd and in the year since his murder they’ve killed another 1500.

The latest outrageous case has come to the national fore in Greensboro, North Carolina where eight white cops killed Marcus Smith two years ago by hogtying him causing him to suffocate to death . Now they are being sued and they’re trying to cover it up and trying to silence the Smith family’s attorney Flint Taylor, drive him out of the state, and sanction him with heavy financial penalties.

So instead of banning hogtying, settling the case with the Smith family and issuing an apology, they are trying to silence the messenger.

Hogtying can be lethal. It’s done by handcuffing the victim behind his back, shackling his feet, and then tying the handcuffs to the feet bending him over backwards, chest first, in the street. Marcus Smith’s died of asphyxiation within a minute.

On September 8, 2018 Marcus Smith was suffering from a mental health crisis. He was brutally hogtied by the Greensboro North Carolina police officers. The family’s civil rights case is being litigated by Chicago Peoples Law Office attorneys Flint Taylor and Ben Elson, and by Greensboro lawyer Graham Holt. It is worthy of national attention.

The cops’ lawyers have been paid more than $1 million of taxpayer money to date to defend the case. They have escalated their attacks on the Smith family and are seeking to suppress all the damaging evidence that has come to light during the pretrial discovery in the case.

Guest – Flint Taylor of the Peoples Law Office. Taylor is a nationally recognized civil rights attorney. He represented the family of Fred Hampton demonstrating that the Chicago Police Department and the FBI were responsible for the assassination of the young Black Panther leader. He’s written the book “The Killing Machine: Racism and Police Violence in Chicago”. He is one of the editors of the “Police Misconduct Law Reporter.

His recent publication The Torture Machine: Racism And Police Violence In Chicago.

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Phyllis Bennis: The Influence Of Think Tanks And IPS

With the growth of globalization on the heels of the Cold War, entities called Think Tanks grew rapidly during the late 1980s. Now, there are nearly 2,000 think tanks in the United States alone. Not surprisingly, more than 400 are located in the nation’s capital, with ready access to key policymakers. These entities play an outsized role in shaping the world we live in.

From national defense and technology, to social policy and economics, think tanks perform in-depth research on a range of topics. Some think tanks advocate for change by using this research and analytical reports to influence public opinion and help decision makers create policy agendas. It follows that many think tanks align along party lines. Funding for think tanks usually comes from endowments, government contracts, private donations, and sales of their reports.

While many think tanks are nonprofit organizations, some especially high-profile ideological ones advocate solutions that benefit their corporate donors. Often they are criticized for crossing the line between research and lobbying. Think tanks are classified according to their sources of funding and intended customers. Some think tanks, such as the Rand Corporation, receive direct government assistance; most others are funded by private individuals or corporate donors.

Guest – Phyllis Bennis  is a fellow of the Institute for Policy Studies, where she is she is the director of the New Internationalism Project and works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.

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Law and Disorder May 31, 2021

Palestine Legal Director Speaks On Recent Israel-Palestine Conflict

Zionism, the idea of creating a Jewish homeland in Palestine, was and is a settler colonial project that started 100 years ago. But Zionism had a problem. It’s illustrated by the story of an early Zionist Congress in Vienna sending three rabbis to Palestine to report on what they saw. The rabbis went and reported back that “the bride is beautiful but she’s married to another man.” Palestine was densely populated and had been for thousands of years. It was not, as Zionist propaganda would have it, a land without a people for a people without a land.

The Zionist goal then and now was to get rid of the Arabs. In this they have almost succeeded. But not quite.

The recent 11 day horrific slaughter of Palestinians in Gaza, approved in advance by the Biden administration and conducted by Israel with American supplied weapons started when Israel Prime Minister Benjamin Netanyahu in an effort to consolidate right wing support evicted Palestinians from their homes in a Palestinian neighborhood in Jerusalem. The Prime Minister also had his military invade and shoot up the Al-Asqua mosque in Jerusalem while 300 Palestinians were there praying on the last day of Ramadan. In response on May 18th the Palestinians staged a general strike in Israel proper, the West Bank, and Gaza. This was the first time a general strike had been conducted by the Palestinians against their Zionist and British oppressors since 1936 which which was broken by the British and the Zionists.

The Zionist apparatus in the United States is extremely strong. Through lawsuits and political pressure they have carved out what Michael Ratner called  – the Palestine exception to the First Amendment. Telling the Palestine story is quite difficult. To counter this Michael Ratner set up the organization Palestine Legal in Chicago. It is headed by Palestinian American attorney Dima Khalidi. Before the cease-fire, 1700 people in Gaza were injured and 210 killed, including 65 children.

Guest – Dima Khalidi, founder and Director of Palestine Legal. Her work includes providing legal advice to activists, engaging in advocacy to protect their rights to speak out for Palestinian rights, and educating activists and the public about the repression of Palestine advocates. She most recently has an article published online in Truthout.

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The Dallas 6: Andre Jacobs

In 2014 and 2016,  Law and Disorder covered the case of the Dallas 6. They’re a group of prisoners who in 2010 protested the ongoing abuse from prison guards while locked in solitary confinement at the SCI Dallas prison in Pennsylvania. Abuse there included tasering genitals, being hog tied, cutting off of clothes and leaving the men in cages for hours at a time.

They witnessed another prisoner, Isaac Sanchez, being strapped into a restraint chair for hours even overnight. When guards threatened to do the same to them, the men tried to cover their cell doors with their bedding and refused to leave their cell in an effort to protect themselves and gain the attention of authorities. Prison guards stormed the six cells, armed with batons and electrified equipment. They left the men beaten, bloody, naked, eyes burning, their flesh scorched with pepper spray.

The Dallas 6 are Andre Jacobs, Anthony Kelly, Anthony Locke, Dwayne Peters, Derek Stanley, and Carrington Keys. The six men were forced to remain in the Restrictive Housing Unit, or solitary confinement for up to ten years.

Guest – Andre Jacobs, Andre served more than two decades in prison, was the victim of prolonged and tortuous prison guard abuse, became a successful jailhouse lawyer, and has been released from prison. He started the business Supreme Network Global to help and guide young men and women who have been in similar circumstances.

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