Law and Disorder February 20, 2023

Ending Structural Police Violence And Abuse

On January 7, after an unlawful traffic stop, several police officers in the SCORPION unit of the Memphis Police Department beat, kicked, punched and tased Tyre Nichols, who posed no threat to the public or the officers. He died in the hospital 3 days later. SCORPION, which was disbanded following Nichols’s death, stands for Street Crimes Operation to Restore Peace in our Neighborhoods. In reality, SCORPION’s targets – as with similar such units around the country — were primarily Black men. Far from restoring peace, these officers escalated the violence and killed Nichols. The officers later lied about stopping him for reckless driving and the police chief admitted there was no legal basis for stopping Nichols.

One month later, in his State of the Union address, President Joe Biden introduced Nichols’s parents who were in the audience and he called for police reforms. We all know that racist police violence is nothing new. It has shown itself over and over throughout our history, and has led to calls for reform of the police, and abolition. But structural and systemic racism and police violence persist nevertheless.

In spite of the worldwide outrage at the public execution of George Floyd in 2020, and several superficial reforms, police killings continue to increase, not decrease.

Guest – Jonathan Moore, civil rights attorney in New York City who, since the late 1970’s, has specialized in police and governmental misconduct, employment discrimination, First Amendment advocacy, and international human rights. Jonathan represents the family of Eric Garner, who was killed in broad daylight in 2014 by the New York City police for allegedly selling loose cigarettes. He was also the lead attorney in the New York “stop and frisk” case in 2013 that led to the historic ruling that banned the practice as unconstitutional. And he represented the Exonerated Five (formerly known as the Central Park Five) in their successful wrongful conviction case against the City of New York.

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The Secret Files: Bill de Blasio, the NYPD, and the Broken Promises of Police Reform

The issue of police reform looms large across the nation, with daily reports and images of lethal police violence against Black and Brown persons striking a collective raw nerve. A new book by journalist Michael Hayes reads like both an investigative report and a gripping saga of the nation’s largest police department. Its protagonists are the New York City Police Department (NYPD), its powerful union, Black and Latino New Yorkers, and the Mayor. The book is “The Secret Files: Bill de Blasio, the NYPD, and the Broken Promises of Police Reform.”

Bill de Blasio, mayor from 2014 to 2021, focused his campaign on making the NYPD more accountable to the public. Previously, while serving on the City Council, he introduced legislation to expand the purview and clout of the watchdog agency, the Civilian Complaint Review Board. While in office, de Blasio tried to end the NYPD’s long-standing “stop and frisk” policy, among other pernicious practices. But from the beginning of his tenure, after two officers were fatally shot in Brooklyn in December 2014, the police department and its union doubled down in opposition to reform. One example was to effectively prevent public disclosure of internal investigation files or the identities of police officers known to be the subjects of those investigations.

Guest – Michael Hayes, in addition to his recently released book, Michael has long reported on the policies and practices of U.S. police departments and covered major criminal trials across the country.

Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz

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Law and Disorder November 7, 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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The Federalist Society, Charles Koch, The Bradley Foundation and The U.S. Supreme Court

The nation is still reeling from the Trump administration’s assaults to the rule of law, and their ripple effects on democratic institutions. But these attacks were the result of strategic planning over decades, and the handiwork of networks of well-funded think tanks and lobbyists. Some of the country’s richest and most conservative individuals are, with so-called Dark Money, anonymously supporting these efforts.

Chief among these forces is the Federalist Society. Not well known until recently, the Society has worked quietly since the Reagan administration to overhaul the Supreme Court into a bastion of conservatism. Enriched with Dark Money, it’s had an outsized impact on the composition of the federal and the Supreme Court. Recently, we’ve witnessed how hard-fought social gains of the 20th century have been taken away from Americans, and landmark Supreme Court decisions have been overruled such as Roe v. Wade and a woman’s right to reproductive freedom, and Lemon v. Kurtzman, guaranteeing the separation of church and state.

Guest – Attorney Lisa Graves, is the founder, director, and editor-in-chief of True North Research. Her analysis of such research has been cited by every major newspaper in the country. She has served as a senior advisor in all three branches of government. Lisa served as chief counsel for the US Senate Judiciary Committee for Senator Patrick Leahy. She was also a career deputy assistant attorney general the US Department of Justice. Lisa has spent the past 12 years examining the impact of dark money on judicial selection.

Hosted by Attorneys Michael Smith, Marjorie Cohn and Heidi Boghosian

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Law and Disorder August 15, 2022

White Nationalism and the Republican Party: Toward Minority Rule in America

White supremacy has been a guiding principle of the United States since its birth. From the genocide of the Indians to the pernicious institution of slavery, racism has permeated every aspect of this nation. After the short-lived period of Reconstruction, Jim Crow followed and it continues to animate race relations in the U.S. While the Civil Rights Movement led to the Civil Rights Act and the Voting Rights Act, the Republican Party and now the right-wing Supreme Court have adopted policies to undermine the protections of the promise of racial equality. False claims that the 2020 election was stolen from Donald Trump and the ensuing attempted insurrection have shaken the institutions of democracy to their core.

Trump rode racism and nativism to the presidency, making it the nucleus of his reign. After descending the escalator to announce his presidential campaign, Trump singled out Mexico, declaring, “They’re bringing drugs; they’re bringing crime. They’re rapists.” One of his first acts as president was the creation of the “Muslim Ban,” which married white supremacy with nativism.

White nationalism didn’t begin with Trump. Barry Goldwater, George Wallace, Richard Nixon and Ronald Reagan planted the seeds for Trump to adopt white supremacy as the explicit centerpiece of his campaign and his presidency. Whether or not Trump runs for president in 2024, Trumpism is unfortunately alive and well in our political system.

Political science scholar John Ehrenberg has just published a book titled “White Nationalism and the Republican Party: Toward Minority Rule in America.” In it, he explains how Trump weaponized the use of race, drawing on his Republican predecessors.

Guest – John Ehrenberg, Senior Professor Emeritus and former Chair of the Political Science Department at Long Island University in New York. He has devoted his life to research and writing about political ideologies and the history of political thought. He is the author of “Civil Society: The Critical History of an Idea, Proudhon and His Age” and “The Dictatorship of the Proletariat: Marxism’s Theory of Socialist Democracy.” Full disclosure: In the 1960s, John and I both participated in the Stanford University honors program called Social Thought and Institutions.

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The Federalist Society, Charles Koch, The Bradley Foundation and The U.S. Supreme Court

The nation is still reeling from the Trump administration’s assaults to the rule of law, and their ripple effects on democratic institutions. But these attacks were the result of strategic planning over decades, and the handiwork of networks of well-funded think tanks and lobbyists. Some of the country’s richest and most conservative individuals are, with so-called Dark Money, anonymously supporting these efforts.

Chief among these forces is the Federalist Society. Not well known until recently, the Society has worked quietly since the Reagan administration to overhaul the Supreme Court into a bastion of conservatism. Enriched with Dark Money, it’s had an outsized impact on the composition of the federal and the Supreme Court. Recently, we’ve witnessed how hard-fought social gains of the 20th century have been taken away from Americans, and landmark Supreme Court decisions have been overruled such as Roe v. Wade and a woman’s right to reproductive freedom, and Lemon v. Kurtzman, guaranteeing the separation of church and state.

Guest – Attorney Lisa Graves, is the founder, director, and editor-in-chief of True North Research. Her analysis of such research has been cited by every major newspaper in the country. She has served as a senior advisor in all three branches of government. Lisa served as chief counsel for the US Senate Judiciary Committee for Senator Patrick Leahy. She was also a career deputy assistant attorney general the US Department of Justice. Lisa has spent the past 12 years examining the impact of dark money on judicial selection.

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Law and Disorder March 7, 2022

Russian Invasion of Ukraine Analysis

We turn to the on-going war between Russia and Ukraine. Let me introduce this topic by sharing, briefly, a few of my own thoughts on the matter. I believe the Russian invasion and its on-going deadly and destructive military assault in Ukraine is, of course, just plain wrong. I believe it mirrors, albeit to a much lesser extent, America’s deadly and destructive military assaults on Iraq and Afghanistan, to say nothing of Vietnam, Central America and too many other places to recount here. I believe Russia should end its war before its impact spreads far beyond the current conflict; before it provides an even greater opportunity than it already has to the capitalist war profiteers in America, and further emboldens the imperial designs of America, thereby radically changing the future in ways too dire to contemplate.

I believe the severe sanctions imposed on Russia will have little impact on Putin and the Russian oligarchs but will have a devastating impact on the working-class people of Russia, and of the entire world. I believe that the United States bears at least as much blame for the war as does Russia, and probably more. That may, at first blush, seem an odd thing to believe. But if you stay tuned, today’s guest on the war will explain why he and I believe this to be true. Lastly, I am personally saddened, beyond adequate description, over the fact of this new war. It, like America’s illegal and devastating wars in other countries, tells me that since the days of the cave man wielding his club, while the weapons used by warring sides to resolve their differences have advanced and become far more deadly and sophisticated, we humans have not, ourselves, found the way we resolve our disputes beyond that of the cave man with his hand-wielding club.

Guest – Richard Becker is the Western Region Coordinator of the ANSWER Coalition; that is Act Now to Stop War and End Racism. Richard Becker is a regular contributor to The Liberation newspaper, a publication of the Party for Socialism and Liberation, of which he is a member. And Mr. Becker is the author of Palestine, Israel and the US Empire, as well as of the book, The Myth of Democracy and the Rule of the Banks.

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A New Wave Of Book Banning

Book banning is the most widespread form of censorship in the United States. It’s when government officials, private individuals, or organizations remove books from libraries, school reading lists, or bookstores because they object to the content or themes contained therein. Children’s books are the main targets.

Often, complaints are that the book contains is sexually explicit, contains graphic violence, has offensive language, or shows disrespect for parents and family. Censors claim they’re afraid the contents are dangerous for kids, or that they’ll cause young people to raise questions, and incite critical inquiry among children that parents, political groups, or religious organizations deem inappropriate or aren’t ready to address.

Before the 1970s book bans typically focused on obscenity. Lady Chatterley’s Lover by D. H. Lawrence and Ulysses by James Joyce were often banned. From the late 1970s on, attacks focused on ideologies. To Kill A Mockingbird, The Color Purple, The Catcher in the Rye, and Harry Potter are among the 50 of the top banned books in this country.

A new wave of book banning in public and school libraries is sweeping the nation in 2022. It’s been under way since debates have percolated over critical race theory and what students should learn in the classroom. Several states are cutting funding for books written by authors in specific communities.

Guest – Christopher Finan, executive director of the National Coalition Against Censorship. He previously served as president of the American Booksellers Foundation for Free Expression, the bookseller’s voice in the fight against censorship. Before that, he was executive director of Media Coalition, a trade association that defends the First Amendment rights of producers and distributors of media. Christopher is the author of From the Palmer Raids to the Patriot Act: A History of the Fight for Free Speech in America by Beacon Press, which won the 2008 Eli Oboler Award of the American Library Association. His forthcoming book is How Free Speech Saved Democracy.

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Law and Disorder November 8, 2021

Highlighting PETA Cases And Inherent Animal Protections

Each year, December 10 marks International Animal Rights Day to draw attention to the prevalent use and abuse of non-human animals. That’s the same day that Human Rights Day is observed, marking the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights.

Non-human animals are sentient. That means they have a capacity to experience feelings, and to be responsive to or conscious of sense impressions. Sentient beings experience emotions such as happiness, joy, and gratitude, as well as pain, suffering, and grief. Animal rights or animal welfare activists urge society to stop thinking of animals as human property and as companions rather than pets. They urge abstention from all animal use, including meat, leather, milk, wool and silk, while also calling for an end to experimentation on animals. Other efforts include seeking an end to using animals for laboratory experimentation and for sporting events and entertainment.

Scientists at People for the Ethical Treatment of Animals, or PETA, have written an authoritative report from dozens of studies, some funded by the National Institutes of Health, that show sentience across the animal kingdom. It compiles evidence from dozens of studies—some funded by the federal National Institutes of Health—that show sentience across the animal kingdom. The report concludes that because other animals experience emotions as humans do, it is unethical to subject them to the trauma and emotional distress of experimentation.

Guest – Asher Smith is Director of Litigation at the PETA Foundation. He has helped secure the rescue of 25 big cats from roadside zoos featured in the Netflix series Tiger King. More recently he has focused on freeing 30 barn owls from a laboratory at Johns Hopkins University.

Guest – Attorney Tamara Bedic, chairperson of the National Lawyers Guild Animal Rights Project. She is a graduate of the University of Virginia School of Law and a masters degree from Columbia University-NY University. Tamara practices employment law with a focus on women and harassment in the workplace.

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More PETA Cases, Speciesism and Long Range Animal Protection

With more than 9 million members and supporters worldwide, People for the Ethical Treatment of Animals (PETA) is the largest animal rights organization in the world. It opposes speciesism, the human-held belief that all other animal species are inferior. PETA’s work encompasses four areas in which animals have been suffering the most intensely and over the longest periods of time. They are in research laboratories, the food industry, the clothing trade, and the entertainment business. PETA conducts public education, investigative news gathering and reporting, research, animal rescue, legislation, and protest campaigns.

Guest – Jared Goodman, PETA Foundation Vice President and Deputy General Counsel for Animal Law. He describes what speciesism is and how it has informed PETA’s work since its founding in 1980.

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