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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Law and Disorder November 30, 2020

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Julian Assange Update With Journalist Kevin Gosztola

The problem of the 2020 United States election between Biden and Trump from the standpoint of defending free national security journalism was that one of them would win. Whereas Trump was a caricatures of the system Biden is its embodiment. He has pledged “nothing will fundamentally change.“ This is the fear of Julian Assange and his defenders.

The Trump administration initiated an indictment against Julian Assange for 17 counts of espionage. Assange revealed U.S. war crimes in Iraq and Afghanistan 10 years ago. Secretary of State Mike Pompeo called his organization, WikiLeaks, which published his whistleblowing articles, “a non-state hostile intelligence entity.”

Biden has called Assange “a high tech terrorist.” Hillary Clinton said “we should drone him.” One of the legal advisors to Biden was a prosecutor in the Eastern District of Virginia and sent whistle blowers, John Karakuo and Jeffery Sterling, to federal prison. He wanted to indict Julian Assange but left office to join a private law firm before he could get around to it

Julian Assange is now in solitary confinement in Britain’s infamous and Covid wracked Belmarsh prison in London. He is in terrible physical and mental shape. The extradition request of the United States has been litigated. We await the judges decision which is expected at January 4.

The defense has submitted their arguments in support of Julian, principally that this is a political prosecution which is illegal under an American British treaty.

Guest – Kevin Gosztola, a journalist who has covered the recent extradition hearing and writing on whistleblowers for many years. He writes for “Substack” and does the podcast “ Unauthorized Disclosure“. He has closely followed the Julian Assange case.

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Release Aging People In Prison Campaign During Covid 19 Risks

As coronavirus positivity rates have been rising nationwide two states—NY and California—have shown vastly different responses. In New York State, nearly 5% of the state’s prisoners have tested positive for Covid 19. Public health experts have warned that to reduce the spread of the virus, prison populations should be cut to 50% capacity.

While Governor Andrew Cuomo has ordered the release of 3,109 New Yorkers, he hasn’t used his power of clemency, either through a pardon of commutation. In stark contrast, Governor Gavin Newsom of California has expedited the release of nearly 9,000 prisoners and issued 55 commutations and 4 medical reprieves between March and November.

In contrast, Andrew Cuomo has granted 2 commutations in January, and another 3 in June. Critics call that number outrageous. Steve Zeidman, who co-directs CUNY Law School’s Defenders Clinic Second Look Project told Gothamist that clemency is “an urgent necessity that is being ignored.” The clinic currently represents 50 people whose clemency petitions await the governor’s decision.

The governor’s office declined to comment on whether he will issue more commutations this year. For the past six holiday seasons, advocates have gathered to plead with Cuomo to commute more sentences. For the most part, he has ignored their pleas.

Guest – Jose Saldana, executive director of Release Aging People in Prison.

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Law and Disorder November 9, 2020

Democrats, Republicans, Vote Counts And The Green Party

We are recording this interview with Margaret Kimberley on November 4th, the day after the election. Over 90 million people voted early. Their ballots are still being counted. Trump doesn’t want them counted and is relying on the Supreme Court to back him up just like the Supreme Court in the year 2000 stopped the counting of ballots in Dade County Florida, thus allowing George W. Bush to steal the election. Trump wants to be able to say, as former Nicaraguan dictator Somoza bragged, “It is true you won the voting. But I won the counting.” The overwhelming consensus on the left was to hold your nose, vote for Biden, and then attempt to influence him when he takes office. Biden kept a low profile during the campaign. He didn’t have much to say programmatically. His strongest appeal was that he was not Trump, whom Noam Chomsky called the most.

The eco-socialist Green Party led by Howie Hawkins and Angela Walker got very little attention from neither the main stream press nor the left of center media. His campaign was vilified with critics stating that a vote for the Greens was tantamount to a vote for Trump. The Democratic Party in Wisconsin went so far as to help successfully prevent Hawkins and Walker from staying on the ballot in that state after Walker changed her home address after her papers were filed. Regardless of how people on the left voted, the immediate question, which is always the key political question, is what are we to do next?

Guest – Green Party supporter Margaret Kimberley, senior editor at the Black Agenda Report and the author of the widely read book ”Prejudential”.

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Pre-Election Unrest and Aftermath

Days before last week’s November 3 presidential election, businesses across the nation boarded up storefronts in anticipation of violent protests. Cities prepared for election-related unrest as activists get ready for what could be weeks of sustained street actions, depending on how the vote count goes and how President Donald Trump acts after his repeated refusals to say if he will accept election results.
At the time of this recording, not surprisingly, results from several states were still pending.

We can be sure, however, that even if Joe Biden is declared the winner, Donald Trump will challenge the results as fraudulent, laying the groundwork for a series of protracted legal battles. But a larger issue remains: While mass uprisings in the streets have altered the social discourse around racism, several larger issues are still at play, determined to keep Donald Trump in office.

Guest – Mara Verheyden-Hilliard with the Partnership for Civil Justice Fund. Mara is one of the nation’s pre-eminent authorities on the policing of First Amendment protected activities including the right to peaceably assemble and associate.

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Law and Disorder October 5, 2020

 

The Sickness is the System: When Capitalism Fails To Save Us From Pandemics or Itself

COVID-19 did not cause the current economic devastation to billions of people around the world. It triggered the crisis. It illuminated the inherent instability in the capitalist system itself. Capitalism exacerbates unemployment, inequality, racism, and patriarchy and threatens the health and safety of workers and our communities.

We are in the worst economic crisis since the great depression of 90 years ago. Half of the American population is poor or near poor. Twenty million people are unemployed. It is estimated that 400,000 Americans will die from COVID-19 by the end of the year. Most of these people will be Black, Latino, the poor and the elderly.

The large corporations have bought out both the Republican and Democratic parties. Neither one of these parties has put forward an effective plan on what to do to get us out of this catastrophic situation.

Guest – Professor Richard Wolff, author of The Sickness is the System: When Capitalism Fails To Save Us From Pandemics or Itself. Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst where he taught economics from 1973 to 2008. He is currently a Visiting Professor in the Graduate Program of International Affairs of the New School University, New York City. His previous books are Understanding Socialism and Understanding Marxism.

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Julian Assange Extradition Case Update

The decline of democracy and the rule of law, already advanced under Obama , has accelerated under Trump. By his own admission it is widely known that President Trump will not consent to leaving office if he loses the election. What is not so widely known is the case that he caused to be prosecuted against journalist and whistleblower Julian Assange.

Assange is being railroaded in the Old Bailey courthouse in London in an effort by US government, in collaboration with its British ally, to extradite Assange and send him to the federal court in the Eastern District of Virginia to be tried under the 1917 Espionage Act.

Assange told the truth about American war crimes in Iraq and Afghanistan back in 2010. He is 49 years old and in terrible mental and physical health. If he loses and is sent to the Eastern District of Virginia for trial and successfully prosecuted, which is a given, it will be the death of free journalism and a blow to the first amendment which is a keystone of our democracy because it involves the right to learn.

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.

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Law and Disorder September 21, 2020

Chris Hedges Analysis Of Pre-Election Society In The United States

We are living in extraordinary times. At the same time we face both tremendous danger and extraordinary opportunity.
The danger comes from a failed state, a failed racist capitalist state they cannot afford safety let alone opportunity to its citizens. Our opportunity comes from the massive social mobilizations that we have not seen in 75 years. A young generation has risen up. White people are involved with black people who are providing leadership. Perhaps 20 million have taken to the streets.

Trump is desperate and resorts to stoking fear of violence, race baiting, lying, explaining to his followers that all the unrest is due to agitators, antifa, Marxist and socialists.

The Democratic Party has chosen to oppose Trump with Joe Biden. The best you can say about him is that he’s not Trump. He has vowed to veto a medicare for all bill if it comes across his desk and has suggested that police violence could be curbed if they shot people in the legs, not the chest. He is for giving police departments more money. The worst you can say about Biden and the Democratic Party is that they are not a bulwark against fascism.

The big financial backers of the Democratic Party crushed the Sanders campaign indicating they would rather have Trump than a social democrat who would cost them money and raise expectations. Sanders for his part missed his historic moment, twice, when he refused to break from the Democratic Party in both 2016 and 2020.

Instead he performs the function of a sheepdog herding people back into a moribund capitalist party that has nothing to offer as a way out of the combined climate, economic, race, the health crisis, and nuclear annihilation and nuclear annihilation

Guest – Chris Hedges about where we are at, how we got here, and what to do next. Chris Hedges is a Pulitzer Prize winning journalist. He was the foreign correspondent for the New York Times for 15 years and served as middle eastern bureau chief. He is the host of Emmy award nominated RT America show On Contact and the author of numerous books Including America: The Fairwell Tour, Empire of Illusion, and American Fascists: The Christian Right and the War on America.

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Global Peace Film Festival 2020

At the end of September each year since 2003, the Global Peace Film Festival has used the power of the film to advance peace on earth. The Festival views “peace” not as the absence of conflict but as a framework for channeling, processing and resolving conflict through respectful and non-violent means. This year, the festival will be virtual, and runs from Monday September 21 until Sunday October 4.

In keeping with the spirit of the festival, the films highlight themes such as civil rights, environmental justice, ethics, human rights, immigration, LGBTQ+, music, social justice, voting, wellness and wildlife. Each year, our program is carefully curated to create a place for open dialogue, using the films as catalysts for change.

Guest – Nina Streich, The Global Peace Film Festival founder and executive director.

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Law and Disorder September 7, 2020

Complaint Filed Against Judge Demanding Release of Attorney In Chevron Case

Last week dozens of legal organizations representing more than 500,000 lawyers along with more than 200 individual lawyers submitted a judicial complaint against Judge Lewis A. Kaplan in New York. The violations were directed at human rights lawyer Steven Donziger whose case we’ve been following on Law and Disorder. Donziger, listeners will recall, won a historic judgment against Chevron in Ecuador to clean up the pollution caused by decades of oil drilling with no environmental controls.

The complaint was filed by the National Lawyers Guild and the International Association of Democratic Lawyers (IADL). The Chief Judge of the Second Circuit Court of Appeals, Robert Katzmann, has a duty to read the complaint and determine if he will appoint a committee to investigate and issue findings.

The complaint documents is a pattern of ethics violations committed by Judge Kaplan, a former tobacco industry lawyer.

Kaplan denied Donziger a jury trial, put in place a series of unusual courtroom tactics, severely restricted Donziger’s ability to mount a defense, and detained him at home for more than one year on contempt charges that were rejected by the U.S. Attorney. Kaplan allowed Donziger to be prosecuted by a private law firm that has Chevron as a client. He imposed enormous fines on Donziger that have all but bankrupted him.

The complaint alleges that the “statements and actions of Judge Kaplan over the last ten years show him to have taken on the role of counsel for Chevron … rather than that of a judge adjudicating a live controversy before him.”

Despite accepting jurisdiction in Ecuador, Chevron came back to the US and filed a civil “racketeering” case against the Donziger and all 47 named plaintiffs. They potentially sought $60 billion in damages — the highest personal liability in US history. Judge Kaplan denied Donziger a jury and let Chevron pay a witness at least $2 million while moving him and his entire family from Ecuador to the US. Chevron lawyers coached the witness, Alberto Guerra, for 53 days before Kaplan let him testify against Donziger; Guerra later admitted under oath that he had lied on the stand. Kaplan also refused to let Donziger testify on direct examination.

Twenty-nine Nobel laureates and several human rights organizations have criticized the harassment of Donziger by judicial authorities and have demanded his immediate release.

DonzigerDefense.com

ChevronToxico.com 

ChevronInEcuador.com

MakeChevronCleanUp

Guest – Lauren Regan, a member of Steven Donziger’s defense team. She is also executive director of the Civil Liberties Defense Center and a member of the National Lawyers Guild.

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The Tragedy of American Science: From Truman To Trump

Science came out of the enlightenment. Research then was unbiased and done in the interest of the public. This is no longer the case with the militarization of science and it’s corporatization.

In our times biased research has been conducted to show that tobacco doesn’t cause cancer, that chemicals and pesticides used in agriculture do no harm, that opioids will not kill thousands, and that there is no such thing as human caused climate change.

Science and technology has been chained to the military where trillions of dollars have been spent in the effort to more effectively kill people.

The US economy’s addiction to military spending distorts and deformed science by making it overwhelmingly subservient to military interests. This has transformed science from the classic idea of a creative force for the advancement of humankind into its destructive and anti-human opposite. That trillions of dollars in resources and scientific talent are not devoted to solving the problems of poverty, disease, and environmental destruction is one of the greatest tragedies of our times.

Guest – Dr. Clifford D Conner is a historian and he teaches the history of science at the School of Professional Studies, CUNY Graduate Center. He is the author of A People’s History of Science: Miners, Midwives, and Low Mechanicks and biographies of three revolutionaries: John Palmer Road, Arthur O’Connor, and Colonel Edward Marcus Despard.

 

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