Civil Liberties, Civil Rights, Racist Police Violence, Supreme Court, Violations of U.S. and International Law
Podcast: Play in new window | Download
Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights
Erwin Chemerinksy is the Jesse H. Choper Distinguished Professor of Law and Dean of the Berkeley Law School. He has also served on the faculties of USC Law School and Duke Law School, and he was the founding dean of the UC Irvine School of Law.
Dean Chemerinsky is a leading constitutional law scholar and teacher who has an uncommon ability to explain complex legal concepts so that non-lawyers can easily understand them. A study of legal publications between 2016 and 2020 found him to be the most frequently cited US legal scholar. He is the author of 14 books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. Dean Chemerinsky also handles legal cases, and has argued several times before the Supreme Court.
After a 2000 review of the Rampart scandal about corruption and excessive force in the LA Police Department attributed the problems to a few bad apples, Dean Chemerinsky conducted an independent analysis which uncovered systemic and structural issues in the department. In his new book, Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, he writes, “Race has infected policing in the United States since its founding.” People of color are more likely than whites to be stopped, arrested and subjected to police violence.
Dean Chemerinsky cites the slave patrols which tracked and returned runaway slaves. We saw the three men who killed Black jogger Ahmaud Arbery use the logic of those slave patrols in their defense. Due in large part to a video of the killing, they were convicted of murder.
When I served as a commentator for CBS News during the O.J. Simpson trial, the people at KNX Radio called Erwin (who did frequent commentary) “the nicest guy in the world.” He is most generous in sharing his expertise. I can’t remember any time he has turned me down when I have asked him to speak at an event, even if it required traveling to San Diego. I have often said that if I were President of the United States, Erwin would be my first choice for a justice of the Supreme Court. Unlike most of the members of the Court, he would be a “justice” in the true sense of the word.
—-
Line 3 Is The New Standing Rock
Our guest today is water protector Chicago attorney Pat Handlin. She has been representing some of the 900 people who’ve been arrested for trying to stop Line 3. Line 3 brings the dirtiest oil on Earth down from Alberta, Canada to the shores of the Great Lakes. It is owned by the Canadian corporation Enbridge. President Trump issued their permit without any environmental impact statement. The governor of Minnesota or the President of United States you can stop Enbridge. But they haven’t.
The Line 3 oil pipeline has been operational since October. It snakes under 200 bodies of water including the Mississippi river. Native Americans from the Chippewa and Ojibwe tribe have treaty rights to the land affected by the Enbridge pipeline. Enbridge has a terrible record for oil spills, 194 of them since the year 2000. Since 1986, more than 7 million gallons have spilled in the Midwest. Much of it has never been cleaned up.
The pipeline runs through sacred land. The land has wild rice which the Native Americans harvest for nutrition and value for spiritual reasons. The land is protected by treaties which are being violated. Tribes are sovereign nations that have entered into treaties with United States. A treaty becomes the supreme law of the land. Biden has said that he would honor the treaties but has not done so.
Guest – Pat Handlin is a criminal defense attorney who represented numerous Water Protectors facing misdemeanor charges stemming from the Standing Rock No DAPL movement, provided legal support at the hearing challenging TC Energy’s permit application to use water for the KXL pipeline and represents Water Protectors charged in Minnesota for opposition to Line 3. She has been a public defender, legal services attorney, administrative law judge on employment discrimination matters, represented Occupy Chicago activists, and has litigated to protect victims of elder abuse, neglect and financial exploitation.
CIA Sponsored Terror, Civil Liberties, Civil Rights, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
Podcast: Play in new window | Download
Public Hostage, Public Ransom:, Ending Institutionalization in America
In the 1970s the shocking horrors of Willowbrook State School on Staten Island in New York City were exposed to the entire world. Some 30,000 disabled people lived in an isolated place segregated from the rest of society and horribly abused and neglected daily.
Dr. William Branston worked there and blew the whistle, telling the truth about this horrific place, the Willowbrook hell hole.
The mistreatment of disabled people and elderly persons’ mistreatment is facilitated because the institutions that has them get Medicaid funding. It is a national scandal. Willowbrook is seen as a turning point in the beginning of the disability rights movement in the United States.
The ancient Greek philosopher Aristotle said “life in the community is a necessary condition for a persons complete flourishing as a human being.“ This Is what needs to be done. Re-integrating these people into the community is the goal today across the USA.
We are joined in this interview by my friend and colleague attorney Richard Levy. It was Richard‘s law firm, Eisner and Levy represented Dr. Branston in a class action lawsuit against the state of New York.
Guest – Dr. William Bronston, author of Public Hostage, Public Ransom:, Ending Institutionalization in America. Dr. Bronston is an advocate for deinstitutionalization. He was a physician at Willowbrook State School in New York; medical director and consultant for the California Department of Developmental Services.
—-
The Movement To Ban Killer Drones
On October 29, as Joe Biden pulled U.S. forces out of Afghanistan, his administration launched a hellfire missile from an MQ-9 Reaper drone in Kabul that killed 10 civilians, including seven children, and then lied about it. They called it a “righteous strike” conducted in self-defense.
Nearly three weeks later, an extensive investigation by The New York Times revealed that the target of the drone strike, Zemari Ahmadi, was a U.S. aid worker, not an ISIS operative, and the “explosives” in the Toyota that the drone targeted were most likely water bottles.
Now an “independent Pentagon review” has concluded that no crimes were committed by U.S. forces, even though footage showed a child present minutes before the drone attack. The Air Force Inspector General admitted that 9 seconds before the strike, the surveillance video showed the presence of 4 children in the strike zone. But under international law, a targeted killing is only legal if it’s necessary to protect life, and no other means — including capture or nonlethal incapacitation — is available to protect life.
Nick Mottern is co-coordinator of Ban Killer Drones.org. He said, “The Pentagon’s assertion that no one did anything illegal to cause the drone deaths of the Ahmadi family members is a shameful side-stepping and a further cover-up of who made what decisions and why in this horrible slaughter. We need to see all the records surrounding this incident, including those that may help us to know the role of President Biden, if any.”
Ban Killer Drones.org is calling for reparation payments of at least $3 million for each of the 10 members of the Ahmadi family.
Meanwhile, although Biden withdrew the troops from Afghanistan, he has pledged to continue “over-the-horizon” operations from afar. Biden is following in the footsteps of his predecessors who all used drone strikes which killed untold numbers of civilians.
The drone that killed the Ahmadi family was operating out of Creech Air Base in Nevada. Ban Killer Drones helped organize the annual Shut Down Creech Week from Sep. 26 through Oct. 2.
Guest – Nick Mottern. Nick has been an tireless organizer of the movement to ban armed drones.
————————–
Censorship, Civil Liberties, Civil Rights, Gaza, Guantanamo, Habeas Corpus, Human Rights, Impeachment, Political Prisoner, Prison Industry, Prosecution of the Bush Administration, Racist Police Violence, Right To Dissent, Supreme Court, Surveillance, Targeting Muslims, Torture, Truth to Power, U.S. Militarism, Violations of U.S. and International Law, War Resister, Whistleblowers
Podcast: Play in new window | Download
Moving The Bar: My Life As A Radical Lawyer
Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.
Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.
– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law
Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.
– Attorney Bill Goodman
———————————————-
CIA Sponsored Terror, Civil Liberties, Civil Rights, Human Rights, Iraq War, Surveillance, Targeting Muslims, Truth to Power, U.S. Militarism, Violations of U.S. and International Law
Podcast: Play in new window | Download
- Editorial By Attorney Heidi Boghosian: Facebook’s Duty to Protect WhatsApp
—-
FBI Evidence Demonstrates Saudi Arabia’s Involvement in September 11 Attacks
The events on September 11, 2001 were a crushing blow to democracy and the rule of law in our country. The attacks paved the way for two illegal wars, first the American war against Afghanistan and then Iraq. It open the way for the national security state to develop expansively and implement a vast surveillance program on American citizens.
The attack on the World Trade Center and on the Pentagon happened 20 years ago and in retrospect was a turning point in American history. Law And Disorder Radio was launched three years after that event. Our mission was to defend both democracy and the rule of law.
The attacks were a crime against humanity. But instead of treating them as a crime it was turned into an occasion to launch aggressive and illegal wars. The Nuremberg trials against the Nazis who started World War II defined aggressive war as the ultimate crime because it held within it all lesser crimes.
In our show today we examine the new evidence on who was responsible for the attacks on September 11, 2001. The new evidence is a six year old FBI report released on President Biden’s order last month. Biden was told by the families of the victims of 9/11 that unless this report was released he was not welcome at any of the memorial services.
The FBI report demonstrates the complicity of the government of Saudi Arabia in the attacks. It was two Saudi Arabian government officials that helped the first two hijackers when they came to America. They were given money and help to get into flight school. They then hijacked American Airlines plane and flew it into. Senator Bob Graham was the head of the Intelligence Committee that investigated what happened on September 11th, 2001. Whistle blower Thomas Drake was a top official at the National Security Agency.
Guest – Paul Jay is the editor of the blog the theanalysis.news. We will discuss with him the kind of movement that is needed to reverse the nuclear arms race as well as to bring about a democratic organization of the economy.
CIA Sponsored Terror, Civil Liberties, Civil Rights, Criminalizing Dissent, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Surveillance, Truth to Power, Violations of U.S. and International Law, Whistleblowers
Podcast: Play in new window | Download
Julian Assange: October 26 Appeal
Julian Assange was a young computer genius, an Australian citizen, the publisher of Wiki leaks, an award-winning journalist, and the person responsible for embarrassing the United States by publishing material on American war crimes in Iraq and Afghanistan. He figured out a way to receive information from whistle blowers and publish the information anonymously in order to protect them.
When Mike Pompeo was Trump’s Director of the CIA he called WikiLeaks, which was founded by Julian Assange, “a hostile non-state intelligence agency.” Pompeo suggested that Julian Assange be kidnapped from the Ecuadorian embassy in London, where he had received political asylum, rendered, and assassinated.
What has been the reaction of the major news media to this extraordinary revelation? Will this affect the US governments continued efforts to have him extradited to the United States where he would be tried for espionage?
Assange is presently being held in solitary confinement in London‘s infamous Belmarsh prison. In earlier developments, Judge Vanessa Baraitser ruled that he could not be extradited to United States in defiance of the American request because she feared his prison confinement in an American maximum-security prison might cause him to commit suicide.
Her decision is on appeal by the Biden U.S. Justice Department and will be heard by the British High Court on October 26th.
In response to the revelations about Pompeo, Julian’s American attorney Barry Pollack said that “the extreme nature of the type of government misconduct that Yahoo News reported would certainly be an issue and potentially grounds for dismissal.“ He believes that Assange was targeted by both Trump and Biden like Nixon had targeted Daniel Ellsberg for his release of the Pentagon during the Vietnam war. In Ellsberg’s case the presiding judge dropped all charges against him.
Assange Defense
@defenseassange – Nathan Fuller twitter
Defend.wikileaks.org
Guest – Attorney Nathan Fuller who has been attending Julian Assange’s extradition hearing in London. He leads the London-based Courage Foundation and the director of the newly formed Committee to Defend Julian Assange and Civil Liberties.
—-
Host Discussion: Challenges To Roe v. Wade And Donziger Case Updates
Last week thousands demonstrated across the country over woman’s right to choose. The demonstrations took place one month after Texas had enacted its infamous heart beat law which is nearly a total ban on abortion. It prohibits abortion after 6 weeks, when most women don’t know they’re pregnant. Currently the law established by Roe v Wade, defends women and affords them to get an abortion during the first two trimesters of their pregnancy. One in four women in the United States has had an abortion. The first thing the fascist Hitler government did in 1933 when in came to power was to lock up all the family planning clinics. Anti-abortion laws disproportionately attack black, brown and poor women. The Women’s Health Protection Act which would codify Roe v. Wade has passed the House and is now in the Senate where it will likely lose. Coming up in the Supreme Court is the Jackson Healthcare Case which originated in Mississippi. That state passed a law limiting the first 15 weeks of pregnancy. The first direct challenge to Roe v. Wade.
Guest – Marjorie Cohn, former criminal law defense attorney and professor emeritus at the Thomas Jefferson school of Law. She was the past president of the National Lawyer Guild and is a member of the bureau of the International Association of Democratic Lawyers. Professor Cohn has published four books about the war on terror. Last week she had published an article in the prestigious online magazine Jurist titled Samuel Moyn’s Unprincipled Attack on Human Rights Giant Michael Ratner is Shameful.
—————————————-
CIA Sponsored Terror, Civil Liberties, Civil Rights, Human Rights, U.S. Militarism, Violations of U.S. and International Law, War Resister
Podcast: Play in new window | Download
Post Occupation Afghanistan 2021
Afghanistan had a progressive modernizing government in the 1970s. It was headed by the Afghan Communist Party which was semi-independent of the Soviet Union. Women had the right to go to school. They did not wear burkas. They wore blue uniforms. Women had the right to a job. The infrastructure in Afghanistan was being built up with a lot of money from the Soviet Union.
But the Afghan people fell victim to the Cold War against Communism. The United States armed the Islamic fundamentalist Mujadaheen, in what became a full-scale civil war. They got help from the reactionary Pakistanis. The Afghan government invited the Soviet Union into Afghanistan. The Soviet Union got tied down in the battle and eventually withdrew. It so exhausted the Soviet Union economically and politically that by 1991, the Soviet government collapsed. President Jimmy Carter’s Secretary of State Zbignew Brzezinski, bragged about this as a great success for US policy.
The Taliban won the civil war, including with a promise to end the shelling of Kabul, and came to power in Afghanistan. Osama bin Laden located himself and his Al-Qaeda followers in that country. When the Twin Towers and the Pentagon were struck by Al-Qaeda on 9/11, and so many people in the US were paralyzed with grief and fear, the only response offered to the American people was revenge. This paved the way for the US invasion of Afghanistan, which soon won overwhelming popular support.
The US government was not really interested in bringing democracy to or preserving women’s rights in Afghanistan. The United States allied with the warlords of the Northern Alliance, showering them with money. Afghanistan became a tremendous supplier of heroin to the world market. Thousands of US soldiers died, tens of thousands were wounded, trillions of dollars were spent. The war was unwinnable. First Donald Trump announced he would withdraw US forces, then Joe Biden took US troops out of that country. What does the future hold for Afghanistan?
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.
————–
