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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 January 27, 2020
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The Founding Myth: Why Christian Nationalism is Un-American
The men who wrote United States Constitution and the first Ten Amendments to it known as the Bill of Rights were mostly not Christians. America was not created as a Christian country. That is a myth. Nor was it founded on Judeo Christian principles. This is another myth. The founding fathers were deists. They were products of the enlightenment. They did not believe in a god that played any role in human affairs. They understood from European history the terrible consequences of not separating church and state.
Today’s Christian nationalists, evangelicals who are in truth white nationalists, are relentless in their attempts to tear down the wall of separation between church and state guaranteed by the first amendment. They want a theocracy where their fundamentalist religion rule us. These people have substantial political power. They are much of Trump’s base.
Guest – Attorney Andrew Seidel, a Constitutional litigator with the Freedom From Religion Foundation and the author of the just published book The Founding Myth: Why Christian Nationalism is Un-American.
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United States Supreme Court Cases Roundup
The Supreme Court is poised to hear several highly charged disputes as the justices return to the bench in 2020. It promises to be one of the most politically volatile terms in recent memory.
Since October, when the term opened, the court has heard high-profile disputes over LGBT rights in the workplace, the scope of the Second Amendment, and the deportation status of nearly 700,000 young undocumented immigrants.
The remaining cases on the court’s docket are equally explosive. The justices will confront novel separation of powers questions, including whether to release to investigators the financial records of Donald Trump. The Court will be asked to draw new lines between church and state. And for the first time since Trump’s two nominees joined the court, the justices will hear a case on abortion. profvwolfe.com
Guest – Attorney Zachary Wolfe teaches writing at George Washington University in Washington D.C., before which he worked at the Partnership for Civil Justice Fund. Zak is the editor of Farnsworth on Contracts and author of Hate Crimes Law.
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Law and Disorder January 20, 2020
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Human Rights Attorney Michael Tigar
As we enter into the new decade we look back at where we have been, legally speaking, and where we are headed.
2020 began with President Donald Trump illegally and recklessly ordering the assassination of top Iranian general Qassem Suleimani who was on a peace mission in Iraq at the time he was killed by a US drone.
Although assassination has been secretly used by the US government since the formation of the CIA in 1947, Barack Obama, Trump’s predecessor, began the illegal extra-judicial open assassination of people in what was called “targeted killings.“ This included American citizens.
With regard to deportations, the Obama administration set a record by deporting more than 3 million people. Trump has continued massive deportations but also has illegally frustrated and prevented people fleeing political repression from seeking asylum in America, separating children from families and caging them in a process that continues.
The Authorization for the Use of Military Force was voted on shortly after 9/11 to justify the bombing and invasion of Afghanistan. The AUMF has been used illegally to justify the presence of American troops in the Middle East since then. It was recently renewed.
The Patriot Act has also been renewed, allowing for massive US government surveillance of American citizens in the illegal derogation of their Fourth Amendment right to privacy democratic rights and the rule of law are in obvious, unprecedented, serious jeopardy.
Truth telling whistle blowing Australian journalist Julian Assange, in the most important first amendment civil liberty case, is about to be extradited from London to Virginia where he faces espionage charges. The issue is his right to be a journalist and our right to know. If convicted he will go to prison for life destroying investigative journalism in areas the government deems “national security.“
The peoples’ constitutional right to impeach a president is also in jeopardy. The Democratic party’s attempt to remove Donald Trump from office is sure to fail because of Trump and the Republicans’ refusal to honor the constitution and allow for a fair trial in the Senate.
Trump has appointed hundreds of reactionary judges to the federal trial and appellate benches. A woman’s right to control her own body, decided in the famous case of “Roe vs Wade”, will be decided by the Supreme Court whose ranks have been bolstered by two additional reactionary judges, Gorsuch and Kavanaugh.
The separation of church and state and the separation of powers are also in jeopardy.
Guest – Human rights attorney Michael Tigar, a veteran of 1960s activism. He’s appeared many times before the Supreme Court, taught law at three schools and has written numerous books including the now classic, Law and the Rise of Capitalism and most recently Mythologies of State and Monopoly Power.
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Law and Disorder January 13, 2020
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Assassination of Iranian General Qasem Soleimani: Geopolitical Discussion
An assassination is a political murder. Last week, President Donald Trump assassinated General Qasem Soleimani when he was at the airport in Baghdad, Iraq. Soleimani was the second most important leader of Iran. This action is in violation of both American and international law.
Trump ordered the illegal assassination without advising Congress, which is also illegal in violation of the War Powers Act. President Trump however did first advise Israel, Saudi Arabia, and United Arab Emirates, countries which have long favored provoking a war with Iran.
Currently the United States has imposed harsh economic sanctions on the Iranian people hoping they will turn against their government. President Trump called Soleimani a terrorist with the blood of hundreds of Americans on his hands and that he was planning an imminent attack. If Iran should respond to the murder Trump has threatened, in violation of international law, to destroy 52 of Iran’s ancient cultural heritage sites. The US President has sent 3000 additional troops to a wreck because he was sick and threatened to impose sanctions on Iraq if they expel American troops.
Listen To May 27, 2019 Interview With Phyllis On Threats Against Iran.
Guest – Phyllis Bennis is a fellow of the Institute for Policy Studies, where she works on anti-war, US foreign policy and Palestinian rights issues. She has worked as an informal adviser to several key UN officials on Palestinian issues. Her books including Calling the Shots: How Washington Dominates Today’s UN, and Understanding the Palestinian-Israeli Conflict.
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Disrupt, Discredit, and Divide: How the New FBI Damages Democracy
The FBI is suffering a crisis of credibility, making news headlines not for solving crimes but for agency shortfalls and blunders. From Bureau officials lying to cover up leaks, to retaliation against Internal whistle-blowers, to agents facing criminal charges on obstruction to leaking classified material, something is clearly amiss inside the nation’s top law enforcement agency. There have also been several public failures—overlooked warnings in the Parkland, Florida school killings, delays in Olympic doctor Larry Nassar’s sexual misconduct probe, and misconduct by agents after armed militia standoffs in Nevada and Oregon.
That’s why Mike German’s new book, Disrupt, Discredit, and Divide: How the New FBI Damages Democracy, feels especially timely. German is a former FBI undercover special agent whose assignments included infiltrating white nationalist organizations.
Disrupt, Discredit and Divide focuses on how the Bureau transformed after the attacks of September 11, 2001. It went, German asserts, from being a law enforcement agency to a covert domestic intelligence agency, unparalleled in U.S. history. He discusses how leaders took advantage of fears of terrorism to remove longstanding legal checks and balances on agents. By focusing on national security over law enforcement, the Bureau has in fact undermined public confidence in justice and the rule of law.
Guest – Mike German is a fellow with the Liberty and National Security program at the Brennan Center for Justice at NYU Law School. He has worked at the ACLU and served 16 years as an FBI special agent. He is also the author of Thinking Like a Terrorist.
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