Law and Disorder March 29, 2021

Moving The Bar: My Life As A Radical Lawyer

Michael Ratner’s memoir Moving The Bar: My Life As A Radical Lawyer will be available at OR Books. As listeners know, Michael Ratner was one of the most important civil rights attorneys in our era. He spent his life fighting on behalf of those who state and empire sought to crush, from the leaders of the prison uprising at Attica to Muslim prisoners held in Guantanamo, to Julian Assange.

Michael Ratner (1943–2016) worked for more than four decades at the Center for Constitutional Rights becoming first the Director of Litigation and then the President of what Alexander Cockburn called “a small band of tigerish people.” He was also the President of the National Lawyers Guild. Michae Ratner handled some of the most significant cases in American history. This book tells why and how he did it. His last case, which he worked on until he died, was representing truth-telling whistleblower and now political prisoner Julian Assange, the editor of WikiLeaks. Ratner “moved the bar” by organizing some 600 lawyers to successfully defend habeas corpus, that is, the ancient right of someone accused of a crime to have a lawyer and to be brought before a judge. Michael had a piece of paper taped on the wall next to his desk at the CCR. It read:

Four Key Principles Of Being A Radical Lawyer:

1. Do not refuse to take a case just because it is long odds of winning in court.
2. Use cases to publicize a radical critique of US policy and to promote revolutionary transformation.
3. Combine legal work with political advocacy.
4. Love people.

We hear interviews about Michael Ratner with Chris Hedges’s show On Contact, Attorneys Eleanor Stein, Richard Levy and David Cole.

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Law and Disorder March 1, 2021

  • Commentary By Attorney Jim Lafferty: Christian Nationalism

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Activists Face Felony Charges In Action Denouncing Elijah McClain Murder

On September 17, 2020 at least six anti-racist activists were arrested in an action denouncing the Colorado police, notably for the murder of Elijah McClain. In the summer of 2019, three Aurora Colorado police officers put 23-year-old McClain in a chokehold and medics injected him with ketamine. The young violinist and massage therapist went into cardiac arrest, was pronounced brain dead, and died three days later.

The social justice activists now face a litany of felony charges, and possible decades in prison, on charges that include “kidnapping.” Four of those arrested — Russel Ruch, Lillian House, Joel Northam, and Eliza Lucero — are considered protest leaders and are members of the Party for Socialism and Liberation.

Police made a spectacle of the arrests, sending what many assert is a threatening message to other activists. Police followed Russel Ruch to Home Depot where they arrested him in the parking lot; five police cars surrounded Lillian House as she was driving; and a S.W.A.T team was dispatched to Joel Northam’s home. According to the 30-page arrest affidavits, the police used livestream footage, call transcripts, and social media posts to build a case against those arrested.

Guest – Lillian House, one of the four protest leaders. More information at Denverdefense.org

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The Current Risk of Nuclear War And Treaty Restoration

When Donald Trump was president, the Democrats called him Putin‘s poodle. They falsely claimed that Russia influenced the election and caused Hillary Clinton to lose to Trump. Clinton famously said “all roads lead to Russia.“

But the truth of the matter was quite different. Despite Trump seemingly adoration of Vladimir Putin as a strong man, American policy towards Russia was not completely friendly. The question now is what will Biden do?

The risk of nuclear war with Russia has been a grave concern since the cold war of the 1950s. Under Presidents Donald Trump and Barack Obama  American nuclear policies were such that the threat of war including accidental war was never reduced. With Biden as president will this change? Will there be a restoration of nuclear treaties and a de-escalation.

Guest – Ray McGovern former CIA intelligence analyst, Ray briefed President George H. W. Bush every morning on intelligence matters, particularly with respect to Russia. He is a founder of VIPS, Veteran Intelligence Professionals for Sanity and a contributor to the blog Common Dreams.

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Law and Disorder February 22, 2021

Chris Hedges: Donald Trump Acquittal, Going Forward

Before going to prison Trump’s attorney and fixer Michael Cohen testified to Congress that Trump would never leave office peaceably. He sure didn’t. He instigated an insurrection on January 6th. His premeditated coup almost succeeded.

His plan appears to be that he would get his followers to prevent the ballot certification of Biden as president and cause enough mayhem to declare martial law. The marauders he sent to the White House hunted for Nancy Pelosi and Mike Pence. They roamed the Capitol chanting “Hang Mike Pence. Hang Mike Pence.” A sturdy gallows was constructed near the Capitol for that purpose.

Reportedly Trump took delight in all of this as it was going on and refused to call off the Capitol sackers or bring in the National Guard. The horrors of that day were dramatically presented by the House trial managers. Comprehensive videos were shown to a national audience. A totally convincing presentation was made. Any right thinking person watching would necessarily conclude that Trump was responsible for what happened. Trump’s defenses were demolished.

It was explained that Constitution allows for illegal and prior cases had established that Trump could be tried even after leaving office. The argument that he had free speech rights was effectively countered. Nevertheless he was not found guilty although seven Republicans refused to go along with their party’s defense of the indefensible. A number of Republican Senators, who were supposed to sit as impartial jury, met with Trumps defense lawyers. Twelve others did not even attend the last day of trial.

After the vote Mitch McConnell, voted to acquit on the spurious grounds that Trump could not be tried since he was no longer in office. He spoke of the possibility of Trump being tried for his crimes. The Republican lead acquittal of Donald Trump will be appreciated as a turning point in American history.  The vote to acquit him will be understood as a moment that democracy and the rule of law were trashed allowing the former president to retain his control over a transformed Republican Party which has become an instrument of demagoguery and white supremacy.

Guest – Chris Hedges, a Pulitzer prize winning journalist and considered by many on the left to be an American moral philosopher. He was forced out of his job at the New York Times for opposing the war in Iraq. Hedges is the author of many books including “American Facists: The Christian Right‘s War on America.“ He is the host of the RT show “On Contact”. His latest book is “America: the Farewell Tour.” He writes a weekly column for “Scheerpost” the latest is titled “Cancel Culture: Where Liberalism Goes to Die.

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ICC Investigation Into War Crimes Proceeds

In 2015, the State of Palestine became a member of the International Criminal Court and granted the Court jurisdiction over crimes committed on the territory of Palestine, including East Jerusalem, since June 13, 2014. The Prosecutor of the ICC opened a preliminary examination into crimes committed in Palestine on January 16, 2015, and the State of Palestine referred the case for investigation in May 2018. During the preliminary examination, Palestinian human rights organizations and victims made submissions describing war crimes and crimes against humanity committed by Israeli officials, including in relation to the 2014 military offensive on Gaza.

In December 2019, the Prosecutor found a reasonable basis to proceed with an investigation into war crimes and crimes against humanity committed on the territory of Palestine – the Gaza Strip and West Bank, including East Jerusalem. victims were invited to submit observations on the Prosecutor’s requests and Center for Constitutional Rights attorney Katherine Gallagher submitted on behalf of twenty Palestinian victims of persecution from all parts of Palestine and the diaspora. A year ago April, CCR joined more than 180 Palestinian, regional, and international human rights organizations in signing an open letter to the ICC prosecutor in support of opening the investigation.

Guest – Attorney Katherine Gallagher, senior attorney at the Center for Constitutional Rights, has appeared before the ICC in the Hague in Holland. She represented two men indefinitely detained in the US offshore prison camp in Guantanamo Bay, Cuba. Katie works on universal jurisdiction ad international criminal law cases involving US and foreign officials and torture and other war crimes.

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Law and Disorder February 8, 2021

Paul Robeson: Ballad of an American by Sharon Rudahl

Paul Robeson, like John Brown before him and Malcolm X after him, was an American of great courage and great accomplishments. Like John Brown and Malcolm the powers that be, vilified him and attempted to reduce him to obscurity. Robeson was born the son of a slave in Somerville, New Jersey In 1898. At Rutgers University he was a Phi Beta Kappa, graduated at the top of his class, and delivered the valedictorian speech. He won 16 letters in sports; football, baseball, track and field, and basketball. He had a beautiful bass voice and sang in the choir. He briefly played professional football and graduated from Columbia Law school.

He was an outstanding actor performing on both stage and screen in America and England. As a concert performer he traveled the world singing spirituals, labor songs, and folk songs of American Blacks. He was outspoken in support of civil rights, union struggles, anti-colonialism, and asserted himself as a socialist.

Because of this he was repressed by the reactionary forces in America in a period of time after World War II known as McCarthyism. In August 1949, a concert that he was to headline in Peekskill, New York was broken up by fascists. The next year a national concert tour had to be canceled because theaters refused to book him. His passport was taken away. He couldn’t travel. He was told he could have it back if he promised not to “ criticize the treatment of American Negroes in the US which should not be aired abroad.“

He was heard before the house un-American activities committee in 1956 and asked why he didn’t stay in Russia. He replied “because my father was a slave and my people died to build this country and I’m going to stay here.“ His films and recordings were taken out of circulation and he disappeared from textbooks and halls of fame. Of Paul Robeson, Cornell West has said that “he was an artistic genius moral titan and courageous freedom fighter whom we must never forget.“

Guest – Sharon Rudahl, author and artist who recently published graphic biography “Paul Robeson: Ballad of an American.” The book was edited by Paul Buhle and Lawrence Ware. Sharon Rudahl marched with Martin Luther King as a teenager and began her career as a cartoonist with anti-Vietnam war underground newspapers. She was one of the founders of the 1970s era feminist “Wimmen’s Comix.“ She is best known for her graphic biography “Emma Goldman: A Dangerous Woman.“

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Constitutional Scholar Stephen Rohde On Impeachment

The American people are enmeshed in and victimized by four overlapping, intertwined and perhaps irreversible crises. They are medical, economic, racial, and political. The Covid 19 virus has infected over 25 million people. It has killed at least 430,000 of us and it rages on unchecked. Half the people in the US are poor or near poor. Twenty million or more are unemployed and their numbers are growing. Hunger and homelessness are widespread. Racism has been institutionalized in our country ever since its founding as a white settler colonial state. Politically except for the scattering of a few progressives there really is no party or leadership that represents the interests of the vast majority of our people.
Former president Donald Trump has been impeached by the Democrats in the House and will stand trial in the Senate beginning the week of February 8th.

He received 75 million votes in the 2020 election, more than he received when he won in 2016. Even though he lost last November his power is barely diminished. He will likely be acquitted of the charge of inciting an insurrection on January 6th. With the help of most of the 50 Republican senators the Democrats won’t be able to get the 60 necessary votes to convict him and prevent him from running for president again. Thus he will continue to control the Republican Party.

There is the possibility of his running again that helps keep him as the powerful leader he has become and keeps the Republicans in line, fearful as they are of being primaried and losing their own power and privilege. Only a few Republicans have shown the integrity and courage to oppose this venal, cruel and cunning man.

Guest – Attorney Stephen Rohde is a constitutional scholar, lecturer, writer, political activist and retired civil rights lawyer. He is a founder and Chair of Interfaith Communities United for Justice and Peace, past President of the ACLU of Southern California, and a Past Chair of Bend the Arc: a Jewish Partnership for Justice. He is the author of two books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly and co-author of Foundations of Freedom: A Living History of Our Bill of Rights. He has written for the Los Angeles Times, Huffington Post, Truthout and American Prospect, and is a regular contributor to the Los Angeles Review of Books.

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Law and Disorder February 1, 2021

Attorney Mara Verheyden-Hilliard: Law Enforcement Caught Off Guard On January 6th?

Many are saying that the police were caught off guard when rioters stormed the nation’s capitol on January 6, 2021, leaving four people dead. It was the most significant breach of Congress in more than 200 years, and pro-Trump rioters promised that it won’t be the last. In their violent and lawless efforts to upend what they called a fraudulent election, they faced minimal police resistance. Far-right mobs smashed windows and doors, stormed the Capitol behind a traitorous, terrorist Confederate flag, and broke into the Senate chamber.

Unlike Black Lives Matter protesters and legions of peaceful protesters before them, police have consistently used potentially lethal weapons to disburse and social justice mass demonstrations. But how could the Capitol be unprepared? Word on social media and in the news was that fascists planned to converge in throngs prior to the changing of presidential administrations.

Guest – Attorney Mara Verheyden-Hilliard, with the Partnership for Civil Justice Fund, that is partnering with the newly-formed Center for Protest Law and Litigation, to demand a fully public investigation into law enforcement’s handling of the riot on the Capitol Building on that day that shocked much of the nation.

Fred Hampton: The Fight For Truth

Fred Hampton was the young dynamic leader of the Chicago chapter of the Black Panther Party. On December 4, 1969 he was assassinated. An assassination is a political murder. He was assassinated as part of FBI leader J. Edgar Hoover‘s Cointelpro program. Cointelpro was initiated by Hoover to disrupt, destroy and neutralize the Party and the civil rights movement. Malcolm X and Martin Luther King had already been killed under suspicious circumstances.

Chicago attorney Flint Taylor of the Peoples Law Office, who along with Jeff Haas, Dennis Cunningham, and Morton Stavis of the Center for Constitutional Rights was part of a team that after 13 years of litigation were able to prove that the FBI, the Chicago police, and the Chicago States Attorney were guilty of killing Fred Hampton, his fellow Black Panther Mark Clark, and wounding several others.

The murders took place in a pre-dawn raid on Hampton‘s apartment. An FBI informer, William O’Neal, supplied the killers with a map of the apartment showing where Fred was sleeping. and drugged, probably by O’Neal, when the police opened fire with a hail of 90 bullets. A Chicago police officer fired two shots into Hampton’s head at close range as he lay in bed.

It has recently been disclosed that O’Neal’s control control agent. Roy Mitchell, was paid a bonus for his and O’Neal’s role in the assassination, and that Hoover, and his top lieutenants William Sullivan and George Moore, were aware of O’Neal’s activities and authorized this award directly after the raid. What are the lessons we can learn from this? Is the FBI still carrying on Cointelpro type operations? How do we protect ourselves?

Guest – Attorney Flint TaylorFlint and Jeff Haas have recently written an article about the new information which can be found on Truthout and the Black Agenda Report. Flint, welcome back to Law And Disorder.

 

 

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Law and Disorder January 25, 2021

  • GTMO Commentary By Lawyers Guild Show Host Jim Lafferty
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Brian Becker on Inauguration Protests, Security and Reform

Americans have protested incoming presidents throughout history, starting in the 19th century. Four years ago, thousands descended on the nation’s capital this to protest Donald Trump’s inauguration, and more than 200 were arrested. The day before President Woodrow Wilson took office in 1913, up to 8,000 women marched down Pennsylvania Avenue in what one historian says was likely the first large-scale inauguration protest. The suffragists, who’d gotten a parade permit, were pushed, spat upon, and beaten. Many women were hospitalized, and the treatment of the women led to the firing of the capital’s police chief.

In 1969, anti-war protesters threw burning miniature flags and stones at police during Richard Nixon’s inauguration. During Nixon’s 1973 inauguration, a ‘massive anti-war protest was staged at the Lincoln Memorial, with an estimated 100,000 people were present and participated in a “March against Death.” 80 Congressmen joined the demonstrations and boycotted the inaugural ceremonies.

The demonstrations at Bush’s inauguration in 2001 were the first major protests at a presidential inauguration since the protests against Nixon in 1969 and 1973. At least 20,000 people demonstrated in the capital and along the inaugural parade route in defiance of the Supreme Court ruling in Bush v. Gore. “Selected not elected” and “Hail to the thief” were some of the slogans on signs at the protest. Four years later, more than 1,000 demonstrators were at Bush’s inauguration, largely to protest the Iraq war, as the president was sworn in for his second term.

Two weeks before the Biden inauguration, Trump-loving lawbreakers  ransacked the Capitol building. Combined with the COVID pandemic, last week’s inauguration was pared down, and a ring of law enforcement encircled the metropolis.

Guest – Brian Becker, director of the ANSWER Coalition and host of The Socialist Program podcast.

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A Path Forward: Professor Jack Rasmus

The word “chaos“ best describes the current American situation. Public health, an economic disaster, institutional racism, and political turbulence were rampant as Trump vacated the White House. America leads the world in the number of COVID-19 cases. The number of deaths, which are now over 400,000, are mounting rapidly.

The economy is in terrible shape.. Perhaps 20 million people are unemployed. Small businesses are shuttered. Millions face eviction. Hunger is rampant, especially among children. What does the future hold? Are we really free of Trump and Trumpism? What will Biden do?

Centrist Democrats like Biden, since the remaking of the Democratic Party beginning with neo-liberal Clinton, have not vigorously defended the social gains secured in the 1930s with the Roosevelt New Deal. Will Biden defend these? Will he extend them?

Can he do this by governing from the center?What does his proposed $1.9 trillion rescue package consist of? Will Bidens proposals hold up in Congress? Is there more needed?

Guest – Dr. Jack Rasmus, he holds a PhD in political economy and teaches at Saint Mary’s College in California. Professor Rasmus has written numerous books and articles on economics and is the host of the weekly radio show “ Alternative Visions“ on the Progressive Radio Network.

 

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