Law and Disorder October 31, 2022

Project Blueprint: Haiti

Haiti is a nation in crisis, spiraling out of control since last year’s assassination of its president, Jovenet Moise. The government has cratered, and 200 violent gangs have seized control. There’s no fuel, and food and water are hard to come by. Businesses and schools are shuttered and hospitals, banks, and grocery stores teeter on the brink of closure. Clean water is scarce, and Haiti faces another cholera outbreak. An estimated one million people are starving in the middle of Haiti’s biggest city. Kidnappings, human trafficking, homicides and sexual and gender-based violence are rampant.

Last week, the UN Security Council unanimously adopted a resolution demanding an immediate end to violence and criminal activity in Haiti. It calls for sanctions on groups and individuals threatening peace and stability in the impoverished nation. The sanctions resolution implicated Jimmy “Barbecue” Cherizier, whose gang has blockaded a central fuel terminal. Cherizier is a former police officer leading a group of gangs known as the G9 Family and Allies. He now faces asset freeze, an arms embargo and a travel ban.

Institute For Justice and Democracy In Haiti

Guest – Human rights attorney Brian Concannon, Executive Director of Project Blueprint, and the founder and former Executive Director of the Institute for Justice and Democracy in Haiti. Brian has been qualified as an expert witness on conditions in the country of Haiti in more than 40 cases in courts both in the United States and Canada.

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A Century of Repression: The Espionage Act and Freedom of the Press

For more than a century, the 1917 Espionage Act has been used by the United States government to target critics of its foreign and military policy. From suppressing criticism of U.S. participation in World War I to present-day attempts to silence whistleblowers, political dissidents and journalists who expose our nation’s war crimes, the Espionage Act is a dangerous weapon in the federal government’s legal arsenal. It has been employed to limit freedom of speech, freedom of the press, and freedom of information.

In their new book, A Century of Repression: The Espionage Act and Freedom of the Press, Ralph Engelman and Carey Shenkman trace the use of the Espionage Act against Eugene Debs, Daniel Ellsberg, Edward Snowden, Chelsea Manning and Julian Assange, among others. During World Wars I and II, the Act was primarily directed at political opposition to government policies. During the Cold War, it was used to criminalize leaks, manipulate the flow of information, and mold public opinion. And during the “War on Terror,” the Act has been used as a means to combat digital disclosure and journalism.

Journalist Julian Assange, founder and publisher of WikiLeaks, is currently locked up in a maximum security prison in London while the Biden administration attempts to have him extradited to the United States to stand trial on Espionage Act charges that could result in 175 years in prison. The basis for the indictment against him is WikiLeaks’ revelation of U.S. war crimes in Iraq and Afghanistan.

Guest – Carey Shenkman is a constitutional lawyer and litigator focusing on freedom of expression, transparency and technology. He serves on the panel of experts at Columbia University’s Global Freedom of Expression Program, and consults on media rights issues before the United Nations and around the world.

Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz

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Law and Disorder October 24, 2022

Capitalism in the Anthropocene: Ecological Ruin or Ecological Revolution

Time is running out for humanity to avoid a catastrophic planetary tipping point. The globalized system of capital accumulation has induced humanity to foul it’s on nest. The result is a planetary emergency that threatens all present and future generations and thrown into question the continuation of civilization and ultimately the very survival of humanity itself. Only by addressing the social aspects of the current planetary environment is it possible to develop the ecological and social resources for a new journey of hope.

The United Nations international panel on climate change, the IPPC, predicts that as a result of the increase in greenhouse gases by the year 2050 there will be 1 billion climate refugees. Temperatures must be held within a 1.5 Celsius increase. If it goes up, as predicted, an increase of 4 degrees would end civilization.

The crises we are in our multiple. Species extinction, ocean acidification, sea level rise depletion of soil, forest fires, broiling heat waves, hurricanes and drought have plagued us in the last few years. One third of Pakistan was underwater.

Guest – John Bellamy Foster, editor of Monthly Review magazine and a professor emeritus of sociology at the University of Oregon. He has written many books including The Robbery of Nature“ and “The Return of Nature. His most recent book is Capitalism in the Anthropocene: Ecological Ruin or Ecological Revolution.

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Impending Threats To American Democracy

In a recent New York Times article, by David Leonhardt, titled A Crisis Coming: The Two Twin Threats to American Democracy, Leonhardt, after first identifying the first threat being that things are now in place where for the first time in U.S. history, a legitimately elected president will not be able to take office, he identifies the second threat, as follows: “The second threat to democracy is chronic but also growing: the power to set government policy is becoming increasingly disconnected from public opinion. The run of Supreme Court decisions—both sweeping and, according to polls, unpopular—highlight this disconnect. Although the Democratic Party has won the popular vote in seven of the past eight elections, a Supreme Court dominated by Republican appointees seems poised to shape American politics for years, if not decades.”

And another headline in a recent edition of the New York Times reads, “Three Huge Supreme Court Cases That Could Change America.” And that article is simply one of many, of late, warning of how the ever-more conservative, indeed one could say, “reactionary” Supreme Court, in its just opened fall term, may well change America in a number of vastly different ways…and ways inconsistent with the majority political views of the American people.

Guest – Steve Rohde is the past chair of the ACLU Foundation of Southern California, the founder and current chair of Interfaith Communities United for Justice and Peace. He is a widely recognized expert on the U.S. Constitution, as well as a political activist. He is a prolific author. His books include American Words of Freedom and the book Freedom of Assembly. He has written numerous book reviews and articles on civil liberties and constitutional law, and his book reviews can be found frequently in the Los Angeles Review of Books.

Hosted by Attorneys Michael Smith and Jim Lafferty

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Law and Disorder September 19, 2022

CCR And Others Issue Complaint Against U.S. Death By Incarceration

The United States condemns one out of every seven prisoners–or more than 200,000 people– to die in prison, over two-thirds of them people of color. “Death by Incarceration,” or DBI, includes extreme sentences such as life, and life without possibility of parole. DBI violates two treaties the U.S. has ratified, the Convention Against Torture and the Race Convention. DBI “is the devasting consequence of a cruel and racially discriminatory criminal legal system that is designed not to address harm, violence, and its root causes, but to satisfy the political pressure to be tough on crime,” according to a complaint filed with UN special rapporteurs on September 15.

Valerie Kiebala helped bring together organizations including the Center for Constitutional Rights, the Drop LWOP Coalition, and the Abolitionist Law Center, to file the 31-page complaint.

Related Article: Human Rights Groups Urge UN to Call for Abolition of Death by Incarceration by Marjorie Cohn.

Guest – Valerie Kiebala is a writer, organizer, and artist. She is the communications director for Straight Ahead, a nonprofit lobbying organization fighting for the human rights and liberation of incarcerated people. Valerie previously worked as an editorial manager and staff writer for Solitary Watch, a nonprofit organization documenting and exposing the use of solitary confinement across the U.S. Her work has appeared in the Root, the Appeal, Truthout, the Chicago Reporter, and Shadowproof.

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Fog Data Science: Constant Surveillance

Each time we access the internet, we open the door for companies to track our behavior and our location. This information is gathered and sold by data brokers, but not just for the purpose of helping marketers send us targeted ads. Our movement data is also marketed to law enforcement agencies around the nation. State sheriffs, highway patrol, and local police now can trace millions of Americans’ everyday movements dating back several years. One Virginia data broker contracts to sell telephone geolocation data to state and local law enforcement, according to an investigation by the Electronic Frontier Foundation, or EFF.

EFF Staff Technologist Bennett Cyphers led the investigation. He and his team found that Fog Data Science sells access to a database with information about where a person was at any point in time over the past several years. The surveillance isn’t limited to possible crime scenes. It includes homes, churches, workplaces, health clinics—places in which we have constitutionally-protected expectations of privacy.

Guest – Bennett Cyphers is a staff technologist on EFF’s Tech Projects team. He focuses on consumer privacy, competition, and state legislation. He also assists with development of Privacy Badger, a browser add-on that stops advertisers and trackers from secretly tracking your movements.

Hosted by Heidi Boghosian and Marjorie Cohn


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Law and Disorder September 12, 2022

 

Mass Rally Mumia, Assange and Palestine in Berkeley, California September 17, 2022

Veteran socialist and organizer Jeff Mackler initiated a call for a mass rally on September 17, 2022 in Berkeley, California in support of Mumia Abu-Jamal, Julian Assange, and Palestinians. In 1982 radio journalist and Black Panther Mumia Abu -Jamal was wrongfully convicted and sentenced to death for murdering police officer Daniel Faulkner on a Philadelphia Street. He served 28 1/2 years on death row before his sentence was reduced to life in prison. Still in prison, he has served 40 years. An International movement has developed demanding “Free Mumia.”

Award winning Australian journalist and publisher Julian Assange sits in Belmarsh. a maximum security prison in London. In declining mental and physical health,he has been incarcerated for over 1000 days while he awaits extradition to the Northern District federal court in Virginia where he will be tried and certainly convicted of violating the espionage act of 1917. His crime: embarrassing United States by publishing true information about US wars in Iraq and Afghanistan and spying on the American public.

The Gaza Strip imprisons 1 million Palestinians. It is largest open air prison in the world. A month ago the Israeli military killed 49 people, 17 of them children, in military attacks. The weapons were made and supplied by America. North of the Gaza Strip in June in the Israeli militarily occupied territory of the West Bank an Israeli sniper assassinated the beloved veteran Al Jazeera journalist Shireen Abu Akleh who was covering an Israeli army incursion. She had been reporting on the situation of Palestinians In the West Bank for many years.

American ideology has it that our country is a force for good in the world. That it is a democratic society, that it promotes freedom and democracy abroad, and that at home it is a place where hard work leads to success. But the truth is quite different. These myths are increasingly being exposed for what they are.

Recognizing that free journalism is at stake a diverse group of organizations are sponsoring the September 17th mass rally In Berkeley. Mumia will speak via phone. Vincent de Stefano of the Assange Defense Committee will speak. So will Daniel Ellsberg, famous for his release of the Pentagon papers, Susan Schnall, President of Vets for Peace, Mama Pam of Friends of Mumia’s International Family, the great journalist Chris Hedges, Pulitzer Prize winning author Alice walker, and Jeff Mackler among others.

The slogan of the rally is Free Mumia! Free Julian! Free Palestine!

Guest – Jeff Mackler is a founder and leader of the United National Antiwar Coalition (UNAC), hey founder of the Northern California Climate Mobilization, and the national secretary of Socialist Action and it’s two time candidate for the US presidency.

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Analysis: The Taiwan-US Relationship And China

Trips to Taiwan, by Congressional leaders like Nancy Pelosi, followed up by  trips to Taiwan by other members of Congress, has served to push the United States and China closer to a catastrophic conflict. Richard Becker, our guest for this topic today has written, “Pelosi’s decision raises the specter of all-out war between the two world powers. and the consequences of her actions remain to be seen.”

The Biden Administration, which obviously approved of Pelosi’s Taiwan visit, added fuel to the fire by deploying an aircraft carrier off the coast of Taiwan along with accompanying warships.

Pelosi’s argument that the U.S.-Taiwan relationship was based on a shared belief in “self-determination and self-government, democracy and freedom” is ridiculous. The U.S. and other colonial efforts to dismember Taiwan from the rest of China goes back to at least the 19th century. And at the end of World War Two, the U.S. government supported the Nationalist Party of dictator Chiang Kai-Shek in the civil war between his party and the ruling communist party of China; a war that Chiang lost. After Chiang lost that civil war he retreated to the Chinese island of Taiwan, where he ruled as a vicious dictator. Of course, he continued to receive with massive military and diplomatic support from the United States. And even after it was forced to abandon its absurd policy that Taiwan represented the legitimate government of China, the U.S. has maintained its de facto alliance with the regime in Taiwan. And China, which still claims Taiwan as a part of China, has not ruled out eventually bringing Taiwan back under mainland China’s governance, including with the use of force if need be.

Guest – Richard Becker a leader in the Party for Socialism and Liberation. He’s also the Western Regional Coordinator of the ANSWER Coalition, the coalition to end war and end racism; and Mr. Becker is the author of a number of books, including, Storming the Gates: How the Russian Revolution Changed the World, the book,  Palestine: Israel and the U.S. Empire; and the book, The Myth of Democracy and the Rule of the Banks.

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Law and Disorder September 5, 2022

Trump Affidavit Contains Broad-Based Probable Cause of Three Federal Crimes

On August 8, FBI agents seized 33 boxes, containers or items of evidence with more than 100 classified records from Donald Trump’s Mar-a-Lago compound. They included information classified at the highest levels. The Department of Justice had applied for the search warrant after Trump stonewalled them for seven months.

A federal judge found probable cause to believe that agents would find evidence of three federal crimes at Mar-a-Lago. They include a violation of the Espionage Act, which has recently been used to prosecute whistleblowers, publishers and journalists who publicize evidence of government wrongdoing.

Trump claims that the documents are his but in fact they belong to the National Archives. He is seeking the appointment a special master to review the documents for possibly privileged material. Attorney General Merrick Garland will use the seized documents to inform his decision about whether to indict Trump and/or his associates.

Guest – Law and Disorder co-host Marjorie Cohn,  A former criminal defense attorney and professor emerita at Thomas Jefferson School of Law, Marjorie does frequent written and broadcast commentary about these and other legal and political issues.

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Nationalizing The Fossil Fuel Industry

Thomas Hanna has been Research Director for the Democracy Collaborative since 2015, after working for five years as a research assistant to Gar Alperovitz, co-founder of the Democracy Collaborative and well-known historian and political economist. The Democracy Collaborative was founded in 2000 as a research center at the University of Maryland, to develop a theoretical and historical framework for building a truly democratic society, based on the principles of democratic economy, community wealth building and the democratization of ownership.

Hanna’s areas of expertise include public ownership, privatization, local government, democratic ownership and banking. He is the author and editor of a number of books, articles and reports, including Our Common Wealth: The Return of Public Ownership in the United States which was published by Manchester University Press in 2018.

Hanna’s recent article, The Supreme Court is Gutting the Regulatory State. Let’s Look at our Other Options, published in In These Times, provides a fascinating analysis of the historical evolution of the regulatory system in the United States. Since the New Deal and the end of World War II, the use of regulatory legislation has been used to protect capitalism, based on the notion that “the excesses and injustices of capitalism can be ameliorated primarily through state regulation of private enterprise, rather than large-order shifts in the ownerships of these enterprises.” In his article, Hanna articulately explains how these historical attempts to regulate capitalist power within the context of capitalism is destined to fail because of its own structural limitations.

In the wake of the “existential threat of catastrophic climate change and rising tide of right-wing extremism,” we are seeing – predictably – the explicit dismantling of that regulatory system. Hanna explores the recent rulings from the new right-wing majority on the US Supreme Court, particularly the case of West Virginia v. EPA, in which the court literally kneecapped the agency’s ability reduce the devastating effects of corporate pollution in order to protect private profit and “free enterprise.” Hanna explores an alternative vision of creating a system of economic and political democracy based on public and collective ownership of important assets, enterprises and services, including the fossil fuel industry.

Today’s show is hosted by Heidi Boghosian, Marjorie Cohn, and Julie Hurwitz

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Law and Disorder August 22, 2022

 

Lawsuit Against CIA Filed By Journalists and Lawyers For Alleged Spying During Assange Visits

Journalist Julian Assange, co-founder of WikiLeaks, is in a London prison fighting extradition to the United States. Donald Trump’s CIA director Mike Pompeo was angered by the 2017 WikiLeaks revelation of the CIA’s “Vault 7” program (whereby the CIA was able to tap into people’s cell phones and smart TVs, turning them into listening devices). The Trump administration filed an indictment against Assange which takes aim at him and WikiLeaks for their 2010 exposure of U.S. war crimes in Iraq, Afghanistan and Guantanamo Bay.

The Biden administration is pursuing Assange’s extradition and prosecution. If he is extradited, tried and convicted, Assange could receive 175 years in prison.

When Assange was living in the Ecuadorian embassy in London under a grant of asylum, the CIA hired UC Global, a private security company, to spy on Assange and his visitors and turn over images from the cellphones and laptops of lawyers, journalists and doctors to the CIA.

On August 15, some of the lawyers and journalists who visited Assange sued the CIA and Pompeo in US District Court for violation of their Fourth Amendment rights. They are requesting money damages, an injunction to prevent the CIA from revealing their private communications, and the purging of CIA files of this information.

The lawsuit against the CIA was filed by The Roth Law Firm in New York City.

Guest Attorney Richard Roth, the lead lawyer who represents the plaintiffs. Highly regarded for his successful and creative representation, Roth’s clients include celebrities, nationally recognized artists, singers, actors, songwriters and Hall of Fame and all-star athletes, directors, producers and professional sports organizations. Roth worked in the U.S. Attorney’s office and interned for a judge on the Second Circuit Court of Appeal. The recipient of numerous awards, Roth is a frequent media commentator .

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Intelligence Matters: The CIA, the FBI, Saudi Arabia, and the Failure of America’s War on Terror

September 11 will mark the 21st anniversary of the terrorist attack on the World Trade Center and the Pentagon by 19 hijackers. They provided a pretext for the US’s 20-year war in Afghanistan and its subsequent invasion of Iraq, an illegal US war of aggression which was based on a lie that Iraq had weapons of mass destruction. That war killed more than 1 million people.

Today we rebroadcast the Law And Disorder interview we did with retired Florida Senator, the courageous Bob Graham. Graham did more than anyone to expose the connection between the horrific criminal attacks and the complicity of the Saudi government.

The Kingdom of Saudi Arabia has been a US ally in the Middle East for decades. Twenty-one years ago, Saudi officials gave financial, logistical, and other support to the 9/11 hijackers. Fifteen of the 19 men were Saudis.

This explosive history was documented in 2002 in the 28-page final section of the report of The Joint Commission of Inquiry of the Senate and the House, which Senator Graham chaired.  These 28 pages were hidden and not declassified and released until July 15, 2016. They were released because of the efforts of Senator Graham and the families of the 9/11 victims. By blocking the release of these pages, Senator Graham states, the US government sent a message to the Saudi government that “they can do anything.”

Graham’s prediction was borne out by the 2018 assassination of the journalist and Saudi citizen Jamal Khashoggi who was murdered and dismembered in the Saudi Arabian embassy in Turkey, by order of Saudi Prince Mohammed bin Salman.

Nevertheless, last month, President Joe Biden traveled to Saudi Arabia to meet with Mohammed bin Salman and greeted him not with a customary handshake but with a collegial fist bump. This occurred despite Biden’s earlier declaration that “Khashoggi was in fact murdered and dismembered and I believe at the order of this crown prince.” Oil and arm sales are the reasons why the United States continues to embrace Saudi Arabia as a close ally. Saudi Arabia has the second largest supply of reserve oil in the world. The US needs it now because of Russia’s war in Ukraine. According to the US State Department statement of May 11, 2022, “Saudi Arabia is the United States‘  largest foreign military sales (FMS) customer with more than $100 billion in FMS cases.”

Law and Disorder co-hosts Heidi Boghosian and Michael Smith interviewed Senator Bob Graham before the missing 28 pages of the 9/11 report were finally released. These pages confirmed Senator Graham‘s belief that the hijackers could not have pulled off the operation alone. It reveals that the hijackers were part of a support network involving the Saudi monarchy and government which helped plan, pay for, and execute the complicated 9/11 plot.

Senator Graham has written the book “Intelligence Matters: the CIA, the FBI, Saudi Arabia, and the Failure of America’s war on Terror.”  It provides a candid insight into US and Saudi relations.

Guest – Senator Bob Graham is the former two-term governor of Florida and served for 18 years in the US Senate in addition to 12 years in the Florida Legislature for a total of 38 years of public service. As governor and senator, Graham was a centrist, committed to bringing his colleagues together behind programs that serve the broader public interest. He was recognized by the people of Florida when he received an 83% approval rating as he concluded eight years as governor. Bob Graham retired from public service in January 2005.

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