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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 August 12, 2019

Trump in the White House: Tragedy and Farce

The great issues of our times are the return of fascism to the United States and Europe, climate change, and the stagnation of the world capitalist economy. These great issues are pressing and interconnected.

We used to think that the experience of World War II guaranteed that no politician would ever advocate the ideas of fascism.

But the election of Donald Trump a year ago has caused a serious reconsideration of fascism and it’s relationship to capitalism and to democracy.

The neoliberals paved the way for Trump. Now he and the forces aligned with him have put our democratic institutions under attack in order to protect the rule of the wealthy. The attacks include the right to vote, labor unions, public education, an independent news media, independent public universities, the privatization of much of traditional governmental functions and making it almost impossible to launch a new political party.

The election of Trump is a political development that for concrete sociological reasons allows us to see it for what it is, as a type of neo-fascism. Only by identifying the phenomena correctly can we effectively fight it.

Jack London wrote a century ago in his famous book The Iron Heel that “There is a shadow of something colossal and menacing that even now is beginning to fall across the land. Call it the shadow of an oligarchy, if you will; it is the nearest I dare approximate it. What is nature may be I refuse to imagine. But what I want to say was this: You are in a perilous position.”

Guest – John Bellamy Foster is editor of Monthly Review and professor of sociology at the University of Oregon. He has written widely on political economy and has established a reputation as a major environmental sociologist. He is the author of Marx’s Ecology: Materialism and Nature (2000), The Great Financial Crisis: Causes and Consequences (with Fred Magdoff, 2009), The Ecological Rift: Capitalism’s War on the Earth (with Brett Clark and Richard York, 2010), and The Theory of Monopoly Capitalism: An Elaboration of Marxian Political Economy (New Edition, 2014), among many others.

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Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America

The spectacle of President Donald Trump and the palace intrigue in the White House has served daily to distract people from the political strategy and accomplishments of the radical right, which is taking over the Republican Party.

Over time, the GOP has been transformed into operation conducting a concerted effort to curb democratic rule in favor of capitalist interests in every branch of government, whatever the consequences. It is marching ever closer to the ultimate goal of reshaping the Constitution to protect monied interests. This gradual take over of a major political party happened steadily, over several decades, and often in plain sight.

Duke University Professor Nancy MacLean exposes the architecture of this change and it’s ultimate aim. She has written that “both my research and my observations as a citizen lead me to believe American democracy is in peril”.

Guest – Professor Nancy MacLean, whose new book, Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, has been described by Publishers Weekly as “a thoroughly researched and gripping narrative… [and] a feat of American intellectual and political history.” Booklist called it “perhaps the best explanation to date of the roots of the political divide that threatens to irrevocably alter American government.” The author of four other books, including Freedom is Not Enough: The Opening of the American Workplace (2006) called by the Chicago Tribune “contemporary history at its best,” and Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan,named a New York Times “noteworthy” book of 1994, MacLean is the William H. Chafe Professor of History and Public Policy.

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Law and Disorder August 5, 2019

 

The Silk Road and Ross Ulbricht

It’s been four years since a jury found that then 29-year-old Ross Ulbricht guilty on charges related to operating a Dark Website called the Silk Road that sold, among other things, illicit drugs.

The case was a high profile one, and Rosshad come to be known by some as the face of the Dark Web. He was convicted on seven charges—including a “kingpin” charge—and now-retired Judge Katherine Forrest imposed two life sentences and 40 years… Ross is a young, non-violent, first-time offender serving two life sentences, plus forty years, without parole. He was not convicted of selling drugs or illegal items himself, but rather of creating an e-commerce website that others chose to use for that purpose. No victim was named at trial, and prosecutors had not even sought such a long sentence.

Corruption, abuse, evidence tampering and multiple violations of Ross’s rights cast serious doubt on the legitimacy of Ross’s conviction and sentence within the legal community and with the public.

In a 2016 appeal, defense attorneys outlined a litany of improprieties and abuses in the investigation and trial. Perhaps most serious was that the court precluded information about two corrupt federal agents investigating Silk Road who are now both serving prison sentences for corruption. Last year the Supreme Court denied to consider the case.

Guest – Ross’s mother, Lyn Ulbricht joins us to talk about a petition for clemency to President Donald Trump. Free Ross Ulbricht.

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Attorney Client Privilege

What is the attorney-client privilege? And to whom does it apply? Generally speaking, the privilege is owned by the client and unless the client waived her rights her lawyer is barred not only from revealing any information about the client but even revealing who the client is.

An exception in the case of the FBI raid and Donald Trumps attorneys Office, Home, and hotel room was made on the grounds that there is a fraud exception to the attorney-client privilege. Defenders of the attorney-client privilege, even if it has to do with protecting Donald Trump, have argued that it is illegal and unprincipled for the Justice Department to get a search warrant from a federal magistrate and violate the principle.

Guest – Minneapolis Attorney Carla Kjellberg, has worked with victims of child sexual assault who have sued priests, litigated sensitive family law matters, and worked with unions and political activists.

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Law and Disorder July 29, 2019

Gov. Ricardo A. Rosselló Announces Resignation After Massive Protest Fills Streets

President Donald Trump’s recent attacks on four congresswomen, people of color, telling them “to go back home” echoes the dehumanizing demagoguery of fascist strong men who use race baiting to scapegoat and divide and conquer. Victimizing Latinos has been a strategy of Trump’s ever since the election when he called Mexicans criminals and rapists.

After Hurricane Maria wrecked the American colony of Puerto Rico in 2015 killing nearly 3000 people and severely damaging the electrical grid, Trump went to San Juan and was videoed throwing rolls of paper towels to people.

Guest – Attorney Natasha Bannan, former National Lawyers Guild director. She currently works as associate counsel at the New York City-based Latino Justice. She graduated from CUNY Law School where she was editor in chief of the CUNY Law Review. She wrote an article for this journal titled Puerto Rico’s Odious Debt: The Economic Crisis Of Colonialism. She is also on the Board of Directors of the Center for Constitutional Rights.

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Venezuelan Embassy: Embassy Protection Collective Update

In a violation of international law, on May 16, 2019 more than 100 police, many with military gear, invaded the embassy of Venezuela in Washington, DC and arrested four Embassy Protectors who were in the embassy with the permission of the Venezuelan government to protect it from takeover as part of a US coup against the elected Venezuelan government of Nicolas Maduro.

The US had attempted to install Juan Guaido as the president of Venezuela and on May 30th right wing coup supporters attempted to take over the Venezuelan embassy in Washington DC. This coincided with another attempted coup by Juan Guaido in Venezuela. Guaido failed in his coup attempt.

The embassy in Washington, DC is the property of Venezuela and under international law the United States must protect and is not allowed to enter it.

A group of Americans known as the Embassy Protection Collective moved into the embassy to prevent its hostile takeover. Up to 70 people were sleeping in the embassy as embassy protectors.

The State Department, Secret Service, and the Metropolitan police force allowed a pro-coup mob to lay siege on the embassy. People were blocked from entering the embassy. Food was prevented from being brought in. The electricity and water were cut off.

Although the coup against the Maduro government failed, the Embassy Protectors were arrested when the US government raided the Venezuelan embassy. The final four Embassy Protectors, Kevin Zeese, Margaret Flowers., Adrian Pine, and David Paul were arrested and face federal prosecution. If convicted they could be imprisoned up to one year and fined up to $100,000 each.

Guest – Kevin Zeese is a US lawyer and political activist. He helped organize the 2011 Occupy encampment in Washington DC. Kevin Zeese is currently the co-director of The Organization Popular Resistance.

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