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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 September 9, 2024
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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 September 2, 2024
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Present Danger Of Fascism In The United States
The rise of Donald Trump and his MAGA supporters has transformed American politics, perhaps more than anything else has since the gathering of forces of the rebellious slave owners in the south, a century and a half ago. His first four years in office were chaotic, uninformed programmatically, and not animated by any kind of cadre of capable administrators. It was, instead, full of his statements and actions that many critics deemed to be racist, sexist and Xenophobic.
He lost the election in 2020, although he received 74 million votes! As he runs for the Presidency again, this time he is talking rather openly about wanting dictatorial authority, if he is elected again.
And this time if he does win, he now has the aid of the right-wing Heritage Foundation, which has produced the 900-page “Project for 2025” document on how to radically change our country so as to make it far, far more conservative, providing far fewer rights to the American people, and allowing any president so inclined, to run the country as an authoritarian, a virtual dictator. He has an authoritarian right wing Supreme Court, which in its latest decision, aptly named “Donald Trump versus the United States of America,” has given the presidency carte blanche immunity, placing the president above the law, allowing the president to do almost anything he or she wants to do, as long as it’s deemed to be “an official presidential act”.
Today’s program is the lead off to a series of shows on fascism, how to resist it, and how to defend against it. I will be conducting this series with my co-host, Michael Smith, who cannot be with us today due to illness.
Guest – Chris Hedges, the journalist and author spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class.
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Guantanamo Bay Prison: 30 Suspects Remain
Once a front-page story, the U.S. prison on Guantanamo Bay is seldom in the news these days or, apparently, on the minds of the American people. But it certainly should be. Because the history and on-going operation of Guantanamo Bay Prison, or “GITMO” as it is often called, exposes the lie behind our claim to be a nation governed by the “rule of law”. Condemned by Human Rights Watch, Amnesty International, and many other such groups, it is a permanent stain on the character of the American people.
Since 2002, at the height of its operation, close to 800 captives from many different Muslim nations were held there under tortuous conditions as “suspects” rather than being classified as “prisoners of war”, which they clearly were, and accorded all of the rights they were entitled to as prisoners of war. The youngest was 13 years old! In fact, 21 of the detainees were children. All of the detainees were subjected to barbaric forms of torture. Some committed suicides. Hundreds were convicted in sham trials and in illegitimate military tribunals. Many, if not most suspects, clearly bore no responsibility for combat operations in the Muslim nations where we were waging war.
Today, about 30 suspects remain in the U.S. prison on Guantanamo Bay. Sixteen are “cleared for release”, but it has not yet been made clear to what country they can be released. Three have not been charged, nor have they been cleared for release. And nobody can reasonably predict when, if ever, they will be freed. And in the latest shameful twist, Defense Secretary Lloyd Austin has now upended a plea deal for the three prisoners accused of plotting the 9/11 attacks. It would have allowed the men to plead guilty and be sentenced to life in prison…and instead, given Austin’s intervention, they will now face the death penalty if they are tried and convicted.
Clearly, GITMO is a consequence of America’s imperialist wars in Muslim countries, wars for those Muslim countries’ oil, and for geopolitical gain. Of course, over the many years of these wars, U.S. presidents have repeatedly claimed that we are not at war with Islam. Well, tell that to the families of the millions of dead and wounded Muslims our bombing and invasion of Iraq and Afghanistan caused; tell it to the thousands of Muslims forbidden to enter America through travel bans; tell it to the countless numbers of Muslim citizens and residents of America, who’ve been discriminated against at work or in public; tell it to the Muslim children attacked on their way to school and called “terrorists;” or, tell it to the Muslim worshipers whose mosques have been infiltrated by government spies.
And…for that matter… tell it, as well, to the Palestinian Muslims. Because America’s desire for Mideast oil is also a big reason why Israel exists in the Middle East. A big reason why the United States has partnered with it in its war on the Palestinian people, and why we’ve sent billions in military aid to Israel over the years to keep Israel secure in its role as our “advanced military force” in the oil rich Middle East.
Guest – Shane Kadidal, a Senior Managing Attorney of the Guantanamo Project, at the famed Center for Constitutional Rights in New York, where he has worked on several significant cases arising in the wake of 9/11, including the Center’s legal challenges to the indefinite detention of men at Guantanamo.
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Law and Disorder August 26, 2024
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Book Banning, Censorship And Freedom Of Speech
Americans have a love-hate relationship with freedom of speech: They love to protect their own free speech and they hate to protect the free speech of those they disagree with. The First Amendment to the US Constitution was intended to protect freedom of speech and freedom of the press, yet throughout American history, governments at all levels have censored speech and tried to muzzle the press.
The anti-censorship group PEN America, in a survey of the 2022-23 school year, found that “freedom to read is under assault in the United States — particularly in public schools — curtailing students’ freedom to explore words, ideas, and books.” Authors whose books are targeted are most frequently female, people of color, and/or LGBTQ+ individuals.
According to the American Library Association, the number of titles targeted for censorship surged 65 percent in 2023 compared to 2022, reaching the highest levels it has ever documented. According to Deborah Caldwell-Stone, director of ALA’s Office for Intellectual Freedom, “Each demand to ban a book is a demand to deny each person’s constitutionally protected right to choose and read books that raise important issues and lift up the voices of those who are often silenced.”
Guest – Robert Corn-Revere is Chief Counsel for the Foundation for Individual Rights and Expression, known as “FIRE.” He has practiced First Amendment law for 40 years. From 1989 to 1994, Corn-Revere served as legal advisor and later chief counsel to the Chairman of the Federal Communications Commission.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues and is regularly listed as a leading First Amendment and media lawyer by various national publications. He co-authored the three-volume treatise, “Modern Communication Law.” In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. I reviewed “The Mind of the Censor” for Los Angeles Review of Books and called it an “entertaining, enlightening, and timely book.”
Another form of censorship – Report: Record Number of Journalists Killed in Gaza by Stephen Rohde
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Disappeared: Criminalizing The Unhoused
Late this June, the U.S. Supreme Court ruled that cities can punish people for sleeping in public places. In a 6-3 decision along ideological lines, the Court overturned lower court rulings that held it is cruel and unusual punishment under the Eighth Amendment to penalize people for sleeping outside if they had nowhere else to go. This ruling now allows localities the right to dismantle encampments of tents and cardboard coverings, even when there is no locally available housing or shelter.
Human Rights Watch has condemned this ruling and released a comprehensive report titled, You Have to Move! The Cruel and Ineffective Criminalization of Unhoused People in Los Angeles. The report documents the experiences of persons living on the streets, in vehicles, in temporary shelters, and in parks as they struggle to survive. In Los Angeles alone, tens-of-thousands of people are living in the streets, with death rates among the unhoused population reaching alarming levels. Governor Gavin Newsom, a supporter of the Court’s decision, has urged all local jurisdictions in California to destroy unhoused encampments. Several cities in the state have already begun doing so.
Western Regional Advocacy Project
The lack of housing is a national crisis, and this ruling raises the risk of increased use of such punitive tactics not only in Los Angeles but across the entire country.
Guest – John Raphling, Senior Researcher in the U.S. Program of Human Rights Watch and author of the report we’ve mentioned. Before joining Human Rights Watch, John spent years as a Deputy Public Defender in Los Angeles. He has represented political and community activists targeted for their activism, and homeless people prosecuted for crimes related to their status. John is also a member of the National Lawyers Guild.
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