Law and Disorder September 9, 2024

 

September 11, 2001: Lessons Learned And Overlooked

It has been 23 years ago this week since the attacks on September 11, 2001 in New York City, the Pentagon, and Shanksville, PA, killing nearly 3,000 people and injuring more than 6,000. On that day, the United States had a choice: The George W Bush administration could have treated the attacks as a violation of US and international law, launched a criminal investigation, and brought the perpetrators to justice in accordance with the rule of law. Instead, President Bush waged endless wars against Afghanistan and Iraq, pushed through Congress the USA Patriot Act, opened the notorious detention center at Guantanamo Bay which remain to this day, rounded up Muslims and South Asians for indefinite detention, initiated a wave of civil liberties and human rights violations, and committed wholesale torture against detainees and others.

To assess the legacy of 9/11 and the lessons learned and the lessons overlooked, we’ve invited someone who was at the center of Bush’s War on Terror. John Kiriakou is a journalist, former CIA counterterrorism officer, former senior investigator for the Senate Foreign Relations Committee, and former counterterrorism consultant for ABC News.

In 2007, Kiriakou blew the whistle on the CIA’s torture program, telling ABC News that the CIA tortured prisoners, that torture was official U.S. government policy, and that the policy had been approved by President George W. Bush. He knew what he was talking about. In 2002, he was responsible for the capture in Pakistan of Abu Zubaydah, then believed to be the third-ranking official in al-Qaeda.

He became the sixth whistleblower indicted by the Obama administration under the Espionage Act of 1917 — a law designed to punish spies. He served 23 months in prison as a result of his revelations.

In 2012, the Ralph Nader family honored Kiriakou with the Joe A. Callaway Award for Civic Courage, an award given to individuals who “advance truth and justice despite the personal risk it creates.” He won the PEN Center USA’s prestigious First Amendment Award in 2015, the first Blueprint International Whistleblowing Prize for Bravery and Integrity in the Public Interest in 2016, and also in 2016 the Sam Adams Award for Integrity in Intelligence, given by retired CIA, FBI, and NSA officers.

Guest – John Kiriakou is the author of eight books, including The Reluctant Spy: My Secret Life in the CIA’s War on Terror; and The CIA Insider’s Guide to the Iran Crisis. I met John in 2017 and we collaborated on companion reviews or the Los Angeles Review of Books of the book with the euphemisitic title Enhanced Interrogation written by James E. Mitchell and Bill Harlow, the architects of the American torture system.

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COP 29 Held In Azerbaijan Dictatorship

This year the UN Climate Conference — known as COP29 — will be hosted by the petrol-dictatorship of Azerbaijan. As COP29 delegates prepare to attend talks in Baku, the international community has a chance to shine a spotlight on Azerbaijan’s abysmal human rights record, notably the blockade and ethnic cleansing of Nagorno-Karabakh’s (Artsakh’s) Armenian population last year, and amid the government’s escalating domestic crackdown on freedom of speech, assembly and the press.

Ironically, Azerbaijan’s dictator Ilham Aliyev allocated $1 million to the UN Human Settlements Program, one day before a UN mission visited the Artsakh region who reported ‘no irregularities’ despite the territory being depopulated by Azerbaijan’s military invasion.

As one of the world’s top environmental and fossil fuel polluters, during its invasion of Nagorno-Karabakh, Azerbaijan used the outlawed, lethal and environmentally hazardous White Phosphorus as a chemical weapon on the native Armenian population and their highly forested environment. In that fatal siege, which liquidated all native Armenians, the Azeri government-sponsored blockaders posed as climate activists, while punishing true protesters of lethal pollution, in Azerbaijan, especially journalists and activists in advance of COP29.

Guest – Karnig Kerkonian, one of 23 legal advisors representing the Republic of Armenia at the ICJ (International Court of Justice) in 2021. Karnig’s team presented their case against Azerbaijan, calling on the Tribunal to take provisional measures “as a matter of extreme urgency” to “protect and preserve Armenia’s rights and the rights of Armenians from further harm.” Azerbaijan has ignored the ICJ’s November 2023 ruling to “take all necessary measures to prevent and punish acts of vandalism and desecration affecting Armenian cultural heritage, including but not limited to churches and other places of worship, monuments, landmarks, cemeteries and artifacts.” Attorney Kerkonian has also represented the Armenian community of Old Jerusalem in recent Israeli settler incursions upon the Armenian Quarter.

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Law and Disorder July 1, 2024

 

Freedom For Julian Assange!

After serving 1901 days in solitary confinement in a tiny cell in the infamous Belmarsh prison in London, journalist and publisher Julian Assange is free at last.

Julian gained his freedom pursuit to a plea bargain with the government of the United States which had sought to extradite him and try him under the 1917 Espionage Act. He faced a certain conviction in a hostile Virginia court and 175 years in prison on 17 counts of conspiracy to commit espionage for receiving and publishing information damaging to the United States government.

Julian Assange was forced to plead guilty to one count of espionage in return for the time he has served in prison. Prior to that he was confined for seven years in the Ecuadorian Embassy in London, where he had sought and received political asylum.

The alleged crime he was accused of committing was the receipt and publication in 2010 of the so-called Iraq and Afghanistan war logs which document American government guilt in torture and murder including the 11 civilians and two Reuters journalists.

Julian Assange was sentenced to time served by an American federal court judge on an island in the Pacific Ocean 2000 miles from Australia. Julian Assange will now be living as a free man in Australia with his wife and two children.

Until Julian Assange Is Pardoned Press Freedom Remains At Risk – article by co-host attorney Stephen Rohde

Guest – Randy Credico, a steadfast supporter of Julian Assange. Mr. Credico. hosted the program “ Countdown to Freedom” in support of Julian for many years. He had visited him in Belmarsh prison.

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War Crimes, Dictators and the ICC

The International Criminal Court (ICC) along with the International Court of Justice (ICJ) were set up in 1998 in order to help prevent wars and crimes against humanity with the profound understanding that without a system of international law. a future World War III might eliminate humanity.

The United States of America, under Bill Clinton, was one of seven countries that voted against the Rome statute which set up the International Criminal Court. Clinton did eventually sign the statute but George Bush “unsigned“ it and the United States has had a testy relationship with the court. Indeed under Trump, the US imposed sanctions on the court and its prosecutor.

Last month Imran Khan, the chief prosecutor of the International Criminal Court, issued arrest warrants for Israel Prime Minister Benjamin Netanyahu and Yoav Galant, the Israeli Minister of Defense for war crimes and crimes against humanity. The ICC also issued arrest warrants for three top leaders of Hamas.

Guest – Attorney Reed Brody, was a friend, colleague, and mentee of our late cohost Michael Ratner. Reed Brody is the author of the recently published book To Catch a Dictator: The Pursuit and Trial of Hissene Habre. He has worked for many years with Human Rights Watch. Reed Brody has helped pursue the dictators Augusto Pinochet of Chile and Jean-Claude “ Baby Doc” Duvalier of Haiti. He has uncovered atrocities by US backed Contras in Nicaragua, led United Nations missions in El Salvador and the Congo, and exposed Bush administration torture.

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Law and Disorder April 29, 2024

Nationwide Peaceful Protests Against Genocide In Palestine

Around the nation, peaceful campus protests against the Israeli genocide of Palestinians in Gaza are spreading. And they’re meeting with a rash of arrests by local police departments, dozens of school suspensions, and evictions from student dormitories. Many of those evicted have been students of colors, students with disabilities, and first-generation students. In New York, the NYPD arrested 108 students at Columbia University, and gave them 14 minutes to gather their belongings and leave their dormitories. New York University erected a plywood wall around Gould Plaza, an outdoor campus space in Greenwich Village, where police had earlier arrested protesting students.

All this because they took part at the large protest. Officials at Harvard University closed Harvard Yard in anticipation of possible protests and suspended the student group Palestine Solidarity Committee. Police arrested 9 students at the University of Minnesota for their refusal to dismantle a pro-Palestinian encampment. The California campus of Cal Poly Humboldt was shut down after students occupied a building. Shutitdown4Palestine.org

In an April 23 letter to the New York Times, nearly 60parents of students at Columbia and Barnard, from a variety of religious faiths ad social backgrounds wrote that they “find the actions taken by the administration deeply troubling and contrary to the principles of liberty, justice and academic freedom that are fundamental to the mission of higher education.”

Guest – Brian Becker is the director of the Answer Coalition, a founder of the Party for Socialism and Liberation, and host of The Socialist Program.

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Julian Assange Extradition Case Update

Regarded by many as the greatest journalist of our generation for exposing American war crimes Julian Assange is about to be extradited at America’s request to a federal criminal court in Virginia to be tried for his journalistic activities which exposed extensive murderous American crimes and embarrassed US government particularly the CIA.

Julian was a young computer genius in Australia. He figured out a way to receive information from whistleblowers anonymously. This was done in order to protect them when his publication company WikiLeaks revealed to the world the activities of the CIA, the American military and U. S. diplomats.

As published by WikiLeaks the Vault Seven revelations exposed the CIA had developed technologies to turn our cell phone into listening devices, even when turned off and tap our personal computers, and even control our automobiles. WikiLeaks exposed American torture in Afghanistan. They published a video of an American gunship helicopter murdering Iraqi civilians, even children, and two Reuters journalists on the streets of Baghdad.

Julian was given political asylum in the Ecuadorian embassy in London, where he holed up for seven years. Then five years ago the British police at America’s request removed him from the embassy and put him into solitary confinement in the notorious Belmarsh Prison.

Now the United States has succeeded in getting a compliant British court to extradite Julian , despite the law, preventing extradition of political prisoners, especially to a country that has the death penalty, and no guarantee of free speech for foreigners.

Guest – Vincent De Stefano is the National Organizing Director of the U.S. Julian Assange Defense Committee. Mr. De Stefano is on the Southern California ACLU board of directors and executive committee and he has worked with Amnesty International for more than four decades.

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Law and Disorder February 26, 2024

 

The World Supports Julian Assange

In the past few days, the case of imprisoned journalist Julian Assange, the co-founder of WikiLeaks, who published the truth about the multitude of war crimes committed by United States and its allies, in the course of their wars in Iraq and Afghanistan, was back in court in London, where Assange is fighting extradition back to the United States. He is charged in the U.S. under an obscure section of the 1917 U.S. Espionage Act. As Megan Specia, writing in the New York Times put it, the two-day hearing “will determine whether he has exhausted his right to appeal within the U.K. and whether he could be one step closer to being sent back to the United States.” And she added, “and whether or not the people of the United States are one step closer to losing what is left of a free press in America, and with it what is left of our democracy.”

Assange has been effectively incarcerated for years now, the last five of which in solitary confinement in a notoriously horrid British prison in London, where both his physical and mental health have been steadily deteriorating. Indeed, a lower court judge in his extradition case had ruled against extraditing him because of the strong likelihood he would die in an equally horrid U.S. prison.

A nationwide and world-wide movement to free Julian Assange has been fighting for Assange’s freedom for years now. Virtually all of the world’s leading associations of journalists, and human rights organizations have called for an end to the U.S. government’s prosecution and persecution of Assange. As have major U.S. and foreign newspapers. Assange is an Australian citizen, and the Australian government has called for his release; Australian Prime minister Albanese says he did so when he recently met with President Biden.

Well, why did the Trump Administration decide to prosecute Assange in the first place, and as we now know, at one point plot to murder him? Why did the Obama Administration decide not to continue with the prosecution, and why has the Biden Administration nevertheless continued to do so?

And if Julian Assange loses this his last appeal within the British courts, does he have any remaining legal remedy?

Guest – Chris Hedges, award-winning journalist and political writer. Chris Hedges reported for The New York Times from 1990 to 2005 and served as the Times’ Middle East Bureau Chief and Balkan Bureau Chief during the wars in the former Yugoslavia. In 2001 Hedges was one of the Times’ writers on an entry that received the 2002 Pulitzer Prize for Explanatory Reporting. Prior to his work for the Times, he worked as a freelance war correspondent in Central America for the Christian Science Monitor, NPR and the Dallas Morning News. His books include “Death of the Liberal Class”, “War on America”, “Days of Destruction, Days of Revolt”, and his book “War Is a Force That Gives US Meaning”, which was a finalist for the national Book Critics Circle Award for Non-Fiction.

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Flint Taylor Representing Malcom X’s Family In Reinvestigation Case

An assassination is a political murder. Malcolm X was assassinated on February 22, 1965 when he was speaking in the afternoon at the Audubon Ballroom in New York City. The New York Police Department and the FBI were involved. J. Edgar Hoover, the Director of the FBI, said “. . . we must stop the rise of a new black messiah.”

Days before the murder the NYPD arrested two of Malcolm’s bodyguards who would’ve protected him that afternoon. Two of the men who were convicted of the murder and who each served over 20 years in prison have been exonerated and released. One person, the trigger man, was convicted and served 45 years. But others involved have gone free as a result of withholding information by the police and the FBI.

Civil rights lawyer Ben Crump, who represented the family of George Floyd, has been retained by Malcolm X’s daughters to pursue the matter. On his team are attorneys Flint Taylor, Ben Elson, and Roy Hamlin. The function of the FBI and police departments nationwide is to protect the status quo. Hoover and the NYPD recognized the threat Malcolm posed with his newly formed Organization of African -American Unity.

Malcolm X was rapidly evolving into a socialist revolutionary. He had said with respect to the capitalist order that it could not produce social justice, that a chicken cannot lay a duck egg and if it ever did, it would be a pretty revolutionary chicken. Malcolm was killed on February 22, 1965. The FBI had opened a file on him in 1953. Thereafter he was under constant surveillance. In 1964 the head of the FBI, J. Edgar Hoover, commanded “do something about Malcolm X.“ Malcolm was assassinated the next year.

Malcolm X stood for Black consciousness, unity in action, solidarity with those struggling against imperialism worldwide, independence from the two capitalist political parties, and a deep sense of love for people.

Guest – Flint Taylor of the Peoples Law Office. Taylor is a nationally recognized civil rights attorney. He represented the family of Fred Hampton demonstrating that the Chicago Police Department and the FBI were responsible for the assassination of the young Black Panther leader. He’s written the book “The Killing Machine: Racism and Police Violence in Chicago”. He is one of the editors of the “Police Misconduct Law Reporter. He’s the author of The Torture Machine: Racism And Police Violence In Chicago.

Hosted by attorneys Michael Smith, Maria Hall and Jim Lafferty

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Law and Disorder January 8, 2024

Israel Is Terrified The World Court Will Decide Its Committing Genocide

Since Hamas killed 1,200 Israelis on October 7, Israel has launched a full-scale genocide against the Palestinian people in Gaza. As of this broadcast, Israeli forces have killed at least 22,100 Gazans, about 9,100 of whom are children. At least 57,000 persons have been wounded and at least 7,000 are reported missing. Untold numbers of people are trapped beneath the rubble. Israel has expelled and forcibly displaced more than 85% of Gaza’s population from their homes, and has cut off their access to food, water, fuel and electricity.

Although the International Criminal Court (ICC) has been investigating what it refers to as the “Situation in the State of Palestine” for nearly three years, calls for prosecution of Israeli officials have been ignored. This blind eye comes as the chief prosecutor of the ICC demonstrates blatant bias in favor of Israel.

The ICC’s Rome Statute provides for the prosecution of individuals who commit, or aid and abet the commission of genocide. By contrast, the International Court of Justice (ICJ or “World Court”) — the judicial arm of the UN system — resolves disputes between countries.All the 153 countries that have ratified the 1948 Genocide Convention have a duty to prevent and punish genocide and they can submit the issue of Israel’s genocide to the ICJ.

On December 29, South Africa launched a well-documented case at the ICJ, alleging that Israel’s military campaign in Gaza amounts to genocide. South Africa is asking the court to order provisional measures to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention.” It also asks the court “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.”

A hearing in the ICJ on South Africa’s application is scheduled for January 11 and 12. Other parties to the Genocide Convention are being approached to join South Africa’s petition.

Marjorie’s recent article : Israel Is Terrified The World Court Will Decide Its Committing Genocide

Guest – Marjorie Cohn – Law and Disorder co-host Marjorie Cohn, who is Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. She is Professor of Law Emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild and she has written extensively about the Israeli genocide in Gaza for Truthout.

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Remembering Australian Journalist John Pilger

Today we re-broadcast a recent interview we did with the great Australian journalist John Pilger about his film titled The Coming War On China. With the exception of a short break at the conclusion in 1975 of the Vietnamese war, the United States has been at war continually. The momentum of what President Eisenhower warned us against and described as being led by, “the military industrial complex” has been going on with successive wars against Afghanistan, Iraq, Libya and now the American proxy war in Ukraine. The military industrial complex has been augmented by support from the CIA, Congress, and the corporate media.

As Pilger demonstrates, the United States, is building up for a war against China. This build up is both military and ideological and shaped by hostile propaganda. In this respect, an alarming full page New York Times article, 11 weeks in the making, and written by seven reporters, appeared on August 5, 2023. The article targeted the American peace organization CODEPINK as well as one of its financial backers. It is a hit piece that has alarmed many of us in the movement. John Pilger gives us the background to it.

Guest – John Pilger covered that war as a young reporter and understood that it was based on the lie that Lyndon Johnson told falsely stating that the North Vietnamese had attacked an American ship in the Gulf of Tonkin. Another 1 million people died in the Iraq war That war was based on the now well known lie that Saddam Hussein had weapons of mass destruction that he was going to use against us and that he was responsible for 911. A similar campaign of fear mongering is going on now about China. The major news media parrot the government’s fact free line that China is our enemy. In his article “The Coming War With China” John Pilger wrote “a US war against China beckons and we have a responsibility to speak out. We know what is coming. Silence must be broken.”

Hosted by attorneys Michael Smith, Maria Hall, Heidi Boghosian and Marjorie Cohn

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Law and Disorder October 30, 2023

Trilateral Security Alliance Meet to Request Assange Extradition

Australian Prime Minister Anthony Albanese was in Washington last week meeting with Joe Biden. They discussed AUKUS, the trilateral “security” alliance between the U.S., UK and Australia, which is a bulwark against the perceived threat from China. AUKUS seeks to transfer U.S. and British nuclear submarine technology to Australia. But Australia’s support for a potential U.S. war against China over Taiwan, which China considers part of China, is not a foregone conclusion.

Also reportedly on the agenda for the high-level meeting was the U.S. request for extradition of WikiLeaks founder Julian Assange, who is an Australian citizen. Assange has been held for four years in a high-security London prison. He is facing 175 years in prison if extradited, tried and convicted in the U.S. for charges under the Espionage Act for revealing evidence of U.S. war crimes.

Albanese and a multi-party coalition of the Australian parliament, as well as 90% of the Australian population, want the prosecution of Assange dropped. Assange’s freedom is “widely seen as a test of Australia’s leverage with the Biden administration,” according to the Associated Press.

AssangeDefense.org

Guest – Stephen Rohde, is an author and social justice advocate who practiced civil rights and constitutional law for more than 45 years, including representing two men on California’s death row. He is a founder and current chair of Interfaith Communities United for Justice and Peace, former chair of the ACLU Foundation of Southern California and former national chair of Bend the Arc, a Jewish Partnership for Justice. He is also a board member of Death Penalty Focus and is active in the Los Angeles branch of Assange Defense. Steve is the author of an article published last week by LA Progressive titled, “Is Biden Willing to Damage Relations With a Staunch Ally Like Australia in His Headlong Prosecution of Julian Assange?”

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State Laws Governing Deep Fake Videos

Artificial intelligence-generated fake videos, known as “deepfakes,” have become increasingly prevalent and sophisticated. This technology manipulates both audio and visual elements to fabricate fictitious events. In 2019, Deeptrace, an AI firm, identified a total of 15,000 deepfake videos online. Shockingly, 96% of these were of a pornographic nature, with 99% involving the superimposition of female celebrities’ faces onto pornographic content, also known as “face-swapped pornography,” all done without the celebrities’ consent. However, it’s important to note that non-celebrities are also frequent targets of deepfake abuse. Particularly concerning is the fact that women are often singled out, with AI tools and apps readily available that enable users to digitally remove clothing from their photos or insert their faces into explicit videos. These tools are easily accessible and require no specialized technical skills. Equally troubling is the fact that most of the time the women who are deepfake targets are neither aware of nor consent to their images being used in this way.

Social media platforms have become fertile ground for deepfake scams. Deepfakes are employed for various malicious purposes, including gaining a political advantage, spreading fake news, and disseminating “revenge porn.” In the case of pornographic videos, offenders may use deepfakes to groom, harass, or extort their victims. Additionally, deepfakes can be utilized to bully individuals or steal their identities. It’s worth noting that, although AI-generated deepfakes can appear highly realistic, most of them exhibit certain inconsistencies. These may manifest as peculiar facial features, awkward placements, or unnatural postures and movements. Creating deepfakes is a time-consuming and labor-intensive process, which results in most of them being relatively short in duration.

The prevalence of deepfakes has grown significantly, more than doubling between 2022 and the first quarter of 2023. In response to this trend, the FBI issued a warning in 2023 about “sextortion schemes” in which criminals collect photos and videos from social media platforms to produce “sexually themed” deepfakes, which they then use to extort money from their victims.

Guest – Criminal defense attorney Nicholas Toufexis joins us to talk about the impact off deepfake pornography on victims and the current state of the law governing these videos. Nick is a partner in the Texas law firm Saputo Toufexis Criminal Defense.

Hosted by Attorneys Heidi Boghosian and Marjorie Cohn

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