Welcome to Law and Disorder Radio
Law and Disorder is a weekly independent civil liberties radio program airing on more than 150 stations and on Apple podcast. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.
Law and Disorder September 14, 2020
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Update:
- Hosts Remember Attorney Kevin Zeese
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President Trump And The 2020 Election
What if President Donald Trump is voted out of office on November 3, 2020 but on January 20, 2021 when he is scheduled to vacate the White House he refuses to go. His lawyer and fixer Michael Cohen predicted this in his congressional testimony before he went off to prison.
President Trump is already casting doubt on the legitimacy of the election which is less than two months away. He says there will be massive voter fraud, that absentee balloting, which will be widely prevalent because of the Covid crisis, is easily open the fraud.
Can Trump send federal troops to Washington DC, or other cities? Can he deploy the National Guard of the various states? Can he suspend habeas corpus, arbitrarily detained people, or declare martial law? Can he investigate opponents, freeze their assets, control communications, initiate a foreign crisis, or get help from attorney general William Barr? What can we do about it?
Guest – Attorney Marjorie Cohn, the past president of the National Lawyers Guild and former professor at the Thomas Jefferson School of Law in San Diego.
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Detroit Will Breathe, et al, v. City of Detroit
Black Lives Matter protests have occurred in Detroit since May 29. For the first five days Detroit Police responded to the protests with excessive force. They used tear gas and rubber munitions, and freely using batons and shields to assault and beat protesters. In total, they arrested more than 400 protesters.
The local NLG chapter joined the Detroit Coordinated Legal Defense Coalition to provide legal support. The other groups are: The National Conference of Black Lawyers, Detroit Chapter; the Detroit Justice Center; the Neighborhood Defender Services; the Wayne County Criminal Defense Bar Association; and Michigan Liberation. As well, the protesters formed an organization called Detroit Will Breathe, which continues to hold daily protests.
On August 31 the Coalition filed a civil lawsuit against the Detroit Police Department to obtain injunctive relief from the use of unlawful violence against protesters. Detroit Will Breathe, et al, v. City of Detroit.
On Sept. 4 the court granted in part the plaintiffs’ motion for a Temporary Restraining Order. Police Chief Craig is continuing his public relations campaign and continuing to falsely claim that the Detroit Police have acted lawfully.
Guest – Detroit attorney Julie Hurwitz, a longtime National Lawyers Guild member based out of Detroit, Michigan.
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Law and Disorder September 7, 2020
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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.
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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Law and Disorder August 31, 2020
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Update:
$600M to Settle Flint Water Crisis Litigation
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Julian Assange Update August 2020
President Obama prosecuted and imprisoned more whistleblowers than any other president. But President Trump did one thing that Obama did not do. He indicted Julian Assange for conspiracy under the Espionage Act charging that in 2010 Assange and his publishing organization WikiLeaks released truthful information about American war crimes.
Obama held off making such a charge because the US government has never before gone after a publisher; not even the New York Times for publishing the Pentagon papers.
Assange sits in solitary confinement in the notorious Belmarsh prison in London. He awaits the outcome of the USA’s extradition request.
His partner, Stella Moris, the mother of their two young children said: “Julian is being targeted by the United States for the crime of journalism. He helped expose the war crimes and human rights abuses which the US would have preferred to keep hidden from public view. He revealed the killing of unarmed civilians and the torture of innocent people. No one has been held responsible for the serious crimes Julian has exposed. This extradition aims to entomb and silence him forever.”
He is in bad shape mentally and physically. Nels Melzer, The United Nations Special Rapporteur on Torture visited Julian and reported that he was being tortured by the months on end of solitary confinement. He hasn’t seen his lawyer in five months nor his companion and their two children. He can’t prepare his defense. He was finally given a computer but the keys were glued down. When he last appear in court he could barely pronounce his name. Defend.wikileaks.org
What is at stake is the future of free journalism. Journalists have a right to publish and we, their audience, have a right to learn. This is what the US government is attempting to take away.
Guest – Nathan Fuller, the American head of the London-based Courage Foundation and the director of the newly formed Committee to Defend Julian Assange and Civil Liberties.
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Open Letter To The Anti-Defamation League
The Anti-Defamation League pretends to be a civil rights organization, but the ADL is not an ally. It has a legacy of supporting racist policing, surveillance, colonialism and the silencing of social justice activism. It has branded itself as a civil rights organization in ways that conceal and legitimatize is right wing activities, undermined the rights of Black, immigrant, queer, Muslim, and Arabs.
In August 2020, 100 organizations signed an open letter exposing the ADL. Among the signatory organizations whose work Law And Disorder has covered on this radio program include the Center for Constitutional Rights, the National Lawyers Guild and Palestine Legal.
These 100 organizations signed an open letter announcing the publication of a pamphlet written by a working group with contributions from the American Friends Service Committee, Jewish Voice for Peace, and Palestine Legal.
Guest – Lesley Williams, member of the coordinating committee for Jewish Voice for Peace in Chicago, the advisory board of speakers bureau for Jews Against Anti-Muslim Racism, and a founding member of the Tzedek Chicago, a non-Zionist pro social justice synagogue in Chicago. She is the author of “The Anti-Defamation League Kills the Black Jewish Alliance” and “We Can’t Fight Anti-Semitism and anti-Black Racism in Isolaton“. She works with a local coalition of teachers and activists to bring Palestinian history into school curricula.
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