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 May 6, 2019
Podcast: Play in new window | Download
Roe v Wade And Recent State Abortion Legislation
In 1973 in the famous Roe versus Wade case the US Supreme Court ruled that a woman’s right to obtain an abortion was protected under the US Constitution.
The core holding in Roe, which remains the law today, is that the government may not prohibit a woman from obtaining an abortion prior to fetal viability and may do so after viability as long as abortion may be available to protect a woman’s life and health.
A woman’s right to make childbearing decisions is in essential part of women’s overall equality. Recent legislation in Ohio bans abortion as early as six weeks into a pregnancy, before many women even know they are pregnant. Kentucky and Mississippi have similar laws and 10 other states are considering them.
Will the Supreme Court take the Ohio case as an opportunity and use it to overturn the 45-year-old Roe versus Wade decision?
Guest – Dr. Vicki Breitbart in the last 40 years, Dr. Breitbart has worked as an educator, researcher, and activist, dedicated to sexual and reproductive justice. Presently, she is an Associate Professor at NYU Silver School of Social Work. Previously, she served as the Director of the graduate program in Health Advocacy at Sarah Lawrence College and has taught at Columbia and CUNY Schools of Public Health. She worked at Planned Parenthood of New York City for over 15 years in various roles including Senior Vice President and Director of the Clinician Training Initiative.
Guest – Lizzy Watson is a staff attorney at the ACLU’s Reproductive Freedom Project at the ACLU’s national office in New York. She litigates cases to defend the right to abortion and contraception for all people regardless of race, ethnicity, economic status, gender identity, or geographic location. Prior to joining the ACLU she provided legal services to low income individuals at the Homeless Action Center in Berkeley, CA.
—-
Recent United States Aggression Toward Cuba
The United States of America has ratcheted up its ongoing 60 year effort to overthrow the elected government of Cuba and restore an American dominated corporate capitalism to the island. This effort was relaxed a bit under the Obama Administration. That all has changed, dollar remittances from Cubans living in the U.S. to their relatives in Cuba have been drastically cut. Travel to Cuba by Americans which has been considerable is virtually banned.
The Helms-Burton Act of 1996 which was meant to strangle the Cuban economy wasn’t fully enforced until recently. Under the guidance of the ultra-right wing National Security Adviser John Bolton. A 23 year old dormant version of the Helms Burton Act has been invoked. It now allows Cubans who live in America to sue the government of Cuba in American courts to get back their estates, businesses and property holdings which were legally nationalized under the 1959 revolution.
This new aggression is meant to cause such severe hardship to the Cuban people that they will be willing to allow their government to be overthrown.
Guest – Walter Lippmann, editor of the Cuba News Yahoo News Group.
————-
————-
Law and Disorder April 29, 2019
Podcast: Play in new window | Download
Lawyers For The Left: In The Courts, In the Streets And On The Air
Lawyers For The Left: In The Courts, In the Streets And On The Air is the title of the just published book by our own Michael Steven Smith. It profiles the some of the nation’s most effective agents of social change. Michael discusses how he came to write this book and previews several of the lawyers profiled therein.
As Chris Hedges quotes “The lawyers in this book valiantly fought the erosion of justice and assault on the court system.”
Portside Review by Bill Ayers:
Now open Michael Steven Smith’s smart and compelling Lawyers for the Left, and you’ll find yourself plunged into the contradictions and swirling through the vortex where that question—what is the law?—is on everyone’s mind all the time. It takes on a unique urgency and a fresh vitality as it’s debated case by case and issue by issue by these committed advocates battling against a system they see as deeply and unfairly stacked against their clients—Black freedom fighters, Puerto Rican independistas, Indigenous and immigrant rights activists, women warriors, anti-war militants, water defenders, dissidents and radicals. None of the lawyers you’ll meet here holds fast to the traditional view that the law is simply a civilized mechanism for resolving disputes in an intelligent and reasoned way. They agree, rather, that any honest analysis of the law begins elsewhere, noting that in all times and in all places, the law is constructed in the service of whatever social/economic system created it. In other words, the law is a mechanism of control that works to protect and perpetuate existing social relations.
—-
Necessity Defense Upheld In Climate Change Case
In a rare and heartening victory for climate change activists, a Washington state appeals court recently overturned the conviction of a man who employed the so-called necessity defense.
Activist Ken Ward said he had no alternative but to break into a pipeline facility to save the planet from global warming. While several lawyers and clients have presented this strategy in court, it is rarely allowed to proceed.
That’s because in most courts, including federal appeals courts, protesters are unable to meet the threshold burden of showing their actions were in reaction to an imminent threat, like fire chief Steve McQueen blowing up a skyscraper’s water tank to put out a fire in the film The Towering Inferno.
But in his April 8 decision, Judge David Mann ruled that Ward, quote, “reasonably believed the crimes he committed were necessary to minimize the harms that he perceived.”
Last year, Law and Disorder reported on how a Boston prosecutor reduced charges against 13 pipeline protesters who planned to mount a necessity defense, eliminating the possibility of a trial. Even so, West Roxbury Judge Mary Ann Driscoll still found them not guilty for reason of necessity.
In the Washington case, the Court of Appeals reversed the burglary conviction of Ken Ward, saying the trial court judge had violated his Sixth Amendment rights by refusing to allow him to present a “necessity defense” to the jury.
Guest – Ted Hamilton, co-founder and staff attorney of the Climate Defense Center. Ted has studied comparative literature and philosophy at Cornell and Yale, and written about books, politics, and climate change for a variety of publications. During law school he focused on protest defense and growing the climate movement through involvement in the Harvard divestment campaign and internships with the Civil Liberties Defense Center and Climate Disobedience Center.
Law and Disorder April 22, 2019
Podcast: Play in new window | Download
Speaking In Turkish: Denying the Armenian Genocide
Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.
The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.
Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.
As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.
Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.
Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.
———————
———————