Civil Liberties, Civil Rights, Human Rights, Prison Industry, Right To Dissent, Supreme Court, Torture, Violations of U.S. and International Law, War Resister, Whistleblowers
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Remembering Michael Ratner
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. We hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia and David Cole.
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
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In Memory of Attorney Peter Weiss
Attorney Peter Weiss was a frequent guest here on Law and Disorder. He was a guest several times to discuss pressing issues of nuclear policy, International Human Rights Law and the Royal Dutch Shell Settlement and in 2007, Peter was a Lawyers You’ll Like guest.
We go now to hear that 2007 interview co-hosted by Michael Ratner and Michael Smith. Peter Weiss died one month short of his 100th birthday on November 3, 2025. Peter was the founder and head of the Lawyers Committee on Nuclear Policy. His field was international law. He won the historic case for universal jurisdiction which allowed foreign war criminals to be tried in the United States under certain circumstances.
Mr. Weiss is a graduate of Yale Law School and was the principle author of the draft brief on the illegality of threat or use of nuclear weapons used by many countries in making written submissions to the International Court of Justice in the 1996 nuclear weapons advisory opinion. Mr Weiss served as counsel to Malaysia at those hearings. He has published several articles on the ICJ opinion, including in the fall 1997 issue of Transnational Law and Contemporary Problems. Mr. Weiss litigated the seminal case establishing the right of victims of torture to sue their torturers in US courts (Filartiga v. Pena-Irala).
Since his retirement in 1996 from Weiss Dawid Fross Zelnick & Lehrman, a leading trademark firm, he has been Senior Intellectual Property Counsel to The Chanel Company Limited. He is also a founder and former President of the American Committee on Africa and former Chairman of the Board of the Institute for Policy Studies in Washington. He has also long been an activist for peace in the Middle East and is currently a member of the Arab-Jewish Peace Group in New York and of the Executive Committee of Americans for Peace Now, which supports the Peace Now movement in Israel.
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Civil Liberties, Civil Rights, Criminalizing Dissent, Gaza, genocide, Human Rights, Targeting Muslims, Violations of U.S. and International Law, War Resister
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Jewish Voice For Peace: West Bank Divided and Conquered
Our guest today is Leta Hirschmann-Levy, a young Jewish New Yorker, who just returned from a solidarity delegation to the Israeli militarily occupied West Bank of Palestine. Ms. Hirschmann-Levy is a leading activist in Jewish Voice Peace, a writer and an actress. Her grandparents on her mother’s side were German Jewish refugees from the holocaust.
Israel has killed at least 1000 Palestinians in the West Bank and East Jerusalem since October 7, 2023. The murders are part of their project to ethnically cleanse the West Bank and East Jerusalem and make them free of Palestinians. Peace seems less and less possible.
The West Bank was invaded and taken by Israel during the 1967 war, a war that was initiated by Israel against its neighbors, especially Egypt and Syria. The West Bank has been occupied by the Israeli military ever since. It is the longest occupation in history. Despite Israeli propaganda, there’s no such thing as a liberal occupation.
Over 700,000 Israeli settlers have since moved into the occupied territory with the intent of preventing the West Bank from being part of a future Palestinian state, a Palestinian hope which the Israelis have vowed to never allow.
The territory is run on an apartheid basis with complete segregation of Jews and Arabs who are isolated by a 20 foot cement wall that snakes through their land. Arabs must use their own roads, are issued distinct license plates, suffer the indignity of military checkpoints, go to their own schools and live in separate communities at the base of hills occupied by Israeli settlers.
They are constantly surveilled and harassed by the military which keeps thousands of Palestinians, including children, in prison, many tortured and detained with no charges against them. Hundreds of their homes have been destroyed, their ancient olive trees uprooted, and their water supplies stolen. It is this situation that our guest went to observe.
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The Blue Road To Trump Hell: How Corporate Democrats Paved The Way For Autocracy
In 2016, a man famous for humiliating people on television with the catch phrase, “You’re fired,” was elected president of the United States. Many were surprised – chief among them, his opponent, Hillary Clinton.
But others, like our guest for this segment, saw it coming, and believes the Democratic Party could have done so much more than it did to avoid it.
Today, in the midst of Trump presidency #2, the country is as polarized as ever. How did we get here? And where are we headed? Is there a way to avoid the US slipping into a country where only the wealthiest enjoy power, resources, liberty and justice?
Guest – Norman Solomon, author of the new book, The Blue Road to Trump Hell: How Corporate Democrats Paved the Way for Autocracy. Norman is the national director of RootsAction and executive director of the Institute for Public Accuracy. He is the author of more than a dozen books including War Made Invisible: How America Hides the Human Toll of Its Military Machine. Solomon has written about politics for many publications including The Hill, The Nation, the Guardian, Common Dreams, the LA Times and Salon.
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Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, Right To Dissent, War Resister
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Non Citizens And Free Speech Rights: AAUP v Rubio
On September 30, 2025 a federal judge in Boston issued one of the most important decisions that has been rendered during the 9 months of Donald Trump’s second term. Following a nine-day trial in July that included the testimony of 15 witnesses and the admission of scores of documents, US District Judge William G. Young of the U.S. District Court for the District of Massachusetts ruled that the Trump administration’s policy of arresting, detaining, and deporting noncitizen students and faculty members for their pro-Palestinian advocacy violates the First Amendment. Judge Young was nominated by President Ronald Reagan and has served on the court for over 40 years. While there have been over 200 other court rulings involving Trump since January, this was the first decision following a full-dress trial.
The case, known as AAUP v Rubio, was brought by the Knight First Amendment Institute at Columbia University, partnering with the law firm of Sher Tremonte LLP, representing the American Association of University Professors, including AAUP chapters at Harvard, Rutgers, and NYU, and the Middle East Studies Association (MESA). The associations’ members include tens of thousands of faculty and students across the country.
In his historic ruling, Judge Young wrote, “This case—perhaps the most important ever to fall within the jurisdiction of this district court—squarely presents the issue whether non-citizens lawfully present here in [the] United States actually have the same free speech rights as the rest of us. The Court answers this Constitutional question unequivocally ‘yes, they do.’ ‘No law’ means ‘no law.’ The First Amendment does not draw President Trump’s invidious distinction and it is not to be found in our history or jurisprudence.”
Jameel Jaffer, executive director at the Knight First Amendment Institute, called it “a historic ruling that should have immediate implications for the Trump administration’s policies. If the First Amendment means anything, it means the government can’t imprison people simply because it disagrees with their political views. We welcome the court’s reaffirmation of this basic idea, which is foundational to our democracy.” Todd Wolfson, president of the AAUP, issued the following statement shortly after Judge Young issued his historic ruling: “The Trump administration’s attempt to deport students for their political views is an assault on the Constitution and a betrayal of American values. This trial exposed their true aim: to intimidate and silence anyone who dares oppose them. If we fail to fight back, Trump’s thought police won’t stop at pro-Palestinian voices—they will come for anyone who speaks out. Defending democracy means standing up now—loudly, visibly, and together.”
Having found that the policy violates the First Amendment, in the coming weeks, Judge Young is expected to turn to the question of what appropriate judicial relief should be granted.
Guest – Ramya Krishnan, senior staff attorney at the Knight First Amendment Institute. Ramya served as lead counsel at the trial and presented the opening and closing arguments to the court. She holds a B.A. and LL.B. from the University of Sydney, where she served as an editor of the Sydney Law Review, and an LL.M. from Columbia Law School, where she was a Raymond J. Baer Scholar.
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Algorithmic Literacy for Journalists
Artificial intelligence is transforming the newsroom—from how stories are written, and headlines are chosen, to which readers see which articles. Algorithms, those invisible sets of instructions that guide everything from Google searches to social media feeds, are now shaping journalism itself. They can amplify—or silence—voices, and determine which stories gain traction in the public sphere. For journalists, understanding how these systems work isn’t just technical—it’s essential to democracy.
Algorithmic Literacy for Journalists is a new online resource that helps reporters and editors navigate this complex new terrain. The project equips journalists to hold technology platforms accountable, explain AI’s influence to the public, and confront the hidden biases and power structures embedded in algorithmic systems.
Guest – founder of Algorithmic Literacy for Journalists, Dr. Andy Lee Roth the editor-at-large for Project Censored and its publishing imprint, The Censored Press. He co-edits the State of the Free Press yearbook series and co-authored The Media and Me: A Guide to Critical Media Literacy for Young People. A sociologist, since joining Project Censored in 2006, Andy has led media literacy initiatives, including developing Algorithmic Literacy for Journalists, a web resource helping reporters understand how AI shapes—and sometimes distorts—news and society.
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Cuba, Executive Branch Law Breaking, Gaza, genocide, Human Rights, Violations of U.S. and International Law, War Resister
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Taxpayers Against Genocide and the National Lawyers Guild Submit Petition To UN
Eighty years ago, after 2 world wars claimed millions of lives, nations worldwide — including the United States — came together and established the UN system “to save succeeding generations from the scourge of war.” The UN Charter requires that all states settle their disputes peacefully and refrain from the use of armed force, except in self-defense after an armed attack against a UN state by another state, or when the Security Council authorizes it.
But, motivated by American exceptionalism — the notion that the U.S. is unique and morally superior and thus not bound by the rules — successive U.S. governments have violated the commands of the UN Charter and illegally attacked other countries with impunity. Trump has ignored the straightforward rules about the lawful use of force, but he is not the first U.S. president to do so. The last five presidents have launched armed attacks without Security Council approval against countries that had not carried out armed attacks on the U.S. or other UN member countries.
Besides violating the Charter’s prohibition on the use of force, the U.S. government – under both Biden and Trump – has aided and abetted Israel’s commission of genocide in Gaza. As the number of Palestinians killed by Israel exceeds 66,000, and famine has reached the “catastrophic” phase, thousands of taxpayers across the country have united with Palestinian-Americans to file an international legal complaint against the U.S. government for funding Israel’s genocide in Gaza.
An initial petition was filed in the Inter-American Commission on Human Rights in May by Taxpayers Against Genocide and the National Lawyers Guild. It charged the U.S. with aiding and abetting Israel in genocide, war crimes, and crimes against humanity. Tomorrow, the petitioners will file a new petition with the Commission. It includes substantial evidence of the U.S. role in Israel’s campaign of starvation.
Guest – Marjorie Cohn is Professor Emerita at Thomas Jefferson School of Law, Dean of the People’s Academy of International Law, and former president of the National Lawyers Guild. She is a legal political analyst who does commentary and writes columns on Truthout and other outlets, and she a former host on Law and Disorder radio. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Marjorie wrote an article published last week on Truthout about U.S. violations of the UN Charter. Her article about the petition to be filed in the Inter-American Commission will be published tomorrow on Scheer Post.
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Lisa Cook is ‘Low Hanging Fruit—While Jerome Powell Is a Bridge Too Far
Sharon Kyle is the publisher of the L.A. Progressive. She has written a couple of fine articles about racism in American life in that publication. One of them, written at the end of August, is titled, Lisa Cook is ‘Low Hanging Fruit—While Jerome Powell Is a Bridge Too Far. She maintains that when political commentators, and the corporate media, describe Cook as “low hanging fruit” they expose the racism in American life and politics.
So, we’ve invited Sharon Kyle to be our guest today to explain her claim of racism in connection with Trump’s efforts to get rid of Cook on the vitally important Federal Reserve Board, and replace her with someone who would do his bidding.
Guest – Sharon Kyle is not only the publisher of the L.A. Progressive, a must read, online daily newsletter for all serious political thinkers and activists in and around L.A. She is also the former president of the Peoples College of Law, a former member of the Board of Directors of the ACLU of Southern California, and is on the editorial board of the BlackCommentator.com.
Remembering Assata Shakur (1947-2025)
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Civil Liberties, Human Rights, Truth to Power, U.S. Militarism, Violations of U.S. and International Law, War Resister, worker's rights
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From The Flag To The Cross: Fascism American Style
From The Flag To The Cross: Fascism American Style is the title of a recently published anthology edited by Zachary Sklar and our own Michael Smith. Co-host Jim Lafferty wrote the introduction. The book draws from seven key interviews with prominent socialist thinkers in the United States and Canada. They include Margaret Kimberly, Henry Giroux, Dianne Feeley and Bill Mullen. Bill will also be joining Michael and Jim in the guest seat. He’s Professor Emeritus of American Studies at Purdue University and author of We Charge Genocide! American Fascism and the Rule of Law.
Chris Hedges who is also included in this book, writes “when fascism comes to America, it will be mass of recitations of the pledge of allegiance, the Christian cross and the flag.” We’ll explore these frayed boundaries of Christian fascism, capitalism, and the assaults on free speech and censorship while highlighting the strategies of community based actions.
Guest – Michael Steven Smith is the author, editor, and co-editor of many books, mostly recently Imagine: Living In A Socialist U.S.A. and “The Emerging Police State,” by William M. Kunstler. He has testified before committees of the United States Congress and the United Nations on human rights issues. Mr. Smith lives and had practiced law in New York City with his wife Debby, where on behalf of seriously injured persons he sues insurance companies and occasionally the New York City Police Department.
Guest – Jim Lafferty is the Executive Director Emeritus of the National Lawyers Guild in Los Angeles and the host of The Lawyers Guild Show on Pacifica Radio’s Los Angeles station, KPFK. Jim has been a national leader in the peace and social justice movement for 60-years. He served as a national Coordinator of the National Peace Action Coalition, the group that organized the largest protests against the U.S. war in Vietnam, and in leadership positions in other peace coalitions opposing various imperialist U.S. wars. In the early 1960’s he was the national Director of the National Lawyers Guild during its historic work in the South. In the mid-1960’s until the 1980’s, Jim was in the private practice of law in Detroit, Michigan, where he specialized in Selective Service law, employment discrimination law, and civil rights law. He serves on the governing board of the A.C.L.U. of Southern California, is a member of the steering committee of the national Julian Assange Defense Committee, and a Fellow at the Institute for the Humanities at the University of Southern California.
Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and We Charge Genocide: American Ashes and the Rule of Law. He’s a contributor to the just published Law And Disorder book From the Flag to the Cross: Fascism American Style.
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Civil Liberties, Civil Rights, Gaza, genocide, Human Rights, War Resister
The Dual State: A Contribution to Theory of Dictatorship.
The German Jewish lawyer Ernst Fraenkel escaped from fascist Germany and settled in the United States. In 1941 he wrote an extremely important book which we’re going to discuss today. The book is titled The Dual State: A Contribution to Theory of Dictatorship.
The book explains how Hitler availed himself of two systems of law. The first Fraenkel called the normative state. This is your traditional law that regulates things like contracts and property. It was practiced in Nazi Germany and kept things stable. The second Fraenkel called the prerogative state. These are the arbitrary violence and unlawful actions taken by Hitler and the Nazis. These two systems of law existed side-by-side in Germany. This is what we see developing now in the United States of America.
Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and We Charge Genocide: American Ashes and the Rule of Law. He’s a contributor to the just published Law And Disorder book From the Flag to the Cross: Fascism American Style.
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Gaza: Journalists Under Fire
There are so many horrendous consequences from Israel’s genocidal war in Gaza: the tens of thousands of lost lives, with who knows how many thousands still buried under the rubble of war, the intentional starvation of the Palestinian people, the vast destruction of their schools and hospitals and homes and places of business. And then there is the targeting of journalists in Gaza trying to report the news of the war. To date, more of them have already been killed by the Israeli military than were killed in the Civil War, First and Second World wars, the Korean War, the Vietnam War and the war on Afghanistan combined!
So today we cover the story of Israel’s attempt to keep complete and accurate news coverage of the war from the rest of the world, and the costly results of its attempt to do so: the hundreds of lost lives of those brave journalists who are determined to report news of the war no matter what the personal risks and costs may be.
There is now a documentary film that tells the story of what is at stake for the journalists covering the news of the war in Gaza. It is called Gaza: Journalists Under Fire.
Guest – Director and producer Robert Greenwald is the founder of Brave New Films, a nonprofit social justice media organization, and the director of numerous long and short form documentaries including Uncovered: The War on Iraq, Unmanned: Americas Drone Wars, Rethink Afghanistan, and more.
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