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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 April 10, 2017
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The Hundred-Year Walk: An Armenian Odyssey
April 24 marks the 101st anniversary of the Armenian genocide. Until recently, most Americans never heard of the genocide and rarely hear the individual stories of those who survived atrocities at the hands of the Ottoman Turks. Journalist Dawn Mackeen came to learn the personal account of her grandfather Stepan Miskjian after reading notebooks that he had kept a century ago chronicling his story. She then embarked on a multi-year journey, using her research skills to scour newspapers and archives around the globe to recreate, and then actually retrace, his steps taken 100 years earlier through Turkey and Syria.
She has written an eye-opening book, The Hundred-Year Walk: An Armenian Odyssey. It recounts not only her grandfather’s experience, but those of the approximately 1.5 million Armenians who were tortured and killed in the genocide that began in 1915. As many Armenian genocide survivors did, Dawn’s grandfather escaped just before the members of his caravan with were massacred by disguising himself as an Arab.
Guest – Dawn Mackeen is an award-winning journalist who spent nearly a decade researching and writing her grandfather’s story. Previously, she covered health and social issues for Salon, SmartMoney, and Newsday, where her investigative series on assisted living facilities’ poor care helped prompt legislative reform. Her work has appeared in the New York Times Magazine, Elle, the Sunday Times Magazine (London), the Los Angeles Times, and elsewhere. She lives in Southern California.
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International Law and the State of Israel: Legitimacy, Exceptionalism and Responsibility
At the request of its member states, the United Nations economic and social commission for Western Asia commissioned a report on Israeli practices towards the Palestinian people and the question of apartheid. Apartheid is a crime against humanity under international law. The report found Israel in violation of three international laws. One of them, the 1998 Rome statute of the international criminal court states that “the crime of apartheid means inhumane acts committed in the context of AN institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.” The commission report concluded that Israel operates in an Apartheid regime against Palestinian citizens of Israel, Palestinians in East Jerusalem, Palestinians in the West Bank and Gaza, and Palestinian refugees and exiles.The commission made recommendations to dismantle the apartheid regime. In response, Israel and its ally the United States of America had to report rejected and caused the resignation of the head of the commission.
We speak with two anti- apartheid activists. Both have just returned from an important conference on Israel held at the University of Cork, in Cork Ireland. The conference had twice been prevented by pro Israeli forces.
Guest – Richard Falk is the former UN Special Rapporteur on Palestinian human rights and Professor Emeritus of International Law at Princeton University. Since 2002 he has lived in Santa Barbara, California, and taught at the local campus of the University of California in Global and International Studies and since 2005 chaired the Board of the Nuclear Age Peace Foundation.
Guest – Author Joel Kovel, politician, academic, and eco-socialist. He has lectured in psychiatry, anthropology, political science and communication studies. He has published many books including the controversial Overcoming Zionism: Creating a Single Democratic State in Israel/Palestine.
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Partisan Gerrymandering In Wisconsin
In a backlash to the 2008 Obama election victory, two years later, in 2010, the Republican Party of Wisconsin won both houses of the legislature and the governorships. The Republicans then redrew the legislative map making it impossible for the Democratic Party to capture a majority of the legislative seats at any time in the decade, no matter how many votes they get. This is called partisan gerrymandering, the process of drawing distorted legislative districts to undermine democracy. Now, in Wisconsin, instead of voters choosing their legislatures, the legislatures choose the voters. As a consequence people in Wisconsin have had their great university system harmed, right to work laws have been enacted wrecking their unions, and there has been substantial environmental damage.
Guest – Professor William “Bill” Whitford who recently retired as a Law Professor at the University of Wisconsin. He is the lead plaintiff in a federal lawsuit against partisan gerrymandering. His cases is likely to be heard in the Supreme Court. In the case Whitford v Gill 12, Wisconsin voters are challenging the constitutionality of the states Republican drawn legislative maps. Heretofore, the Supreme Court has been unwilling to get involved. This case may change that and restore a measure of democracy to a broken system in Wisconsin, and later elsewhere.
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Law and Disorder April 3, 2017
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Trial Judge Rules Against 69 Year Old Palestinian Activist Rasmea Odeh
In 1969, when she was a 21 year old college student in Ramallah in the Israeli occupied territories on the West Bank, Rasmea Odeh, a Palestinian woman, was arrested for killing two Israeli University students with a bomb placed in a supermarket. She confessed to the crime and served 10 years in prison, getting out in a prisoner swap. She came to United States 20 years ago, obtained citizenship, and settled in Chicago as a community organizer of immigrant Arab women. Odeh was criminally charged two years ago by the federal government with “unlawful procurement of naturalization.” In her application, she omitted mention of the crime for which she was convicted in Israel. In her defense, she said that she could not remember, that she had post traumatic stress disorder as a result of being tortured in jail for 25 days and forced to sign a false confession. Her expert witness was not allowed to testify as to the PSTD and the torture. The trial judge’s ruling on this was overturned by a Federal Court of Appeals. Last week she agreed to a plea arrangement where she would be stripped of her citizenship and deported rather than face a 5 to 7 year prison sentence and indefinite detention by ICE. She is 69 years old and does not know where she will be sent inasmuch as she cannot go home.
Guest – Attorney Michael Deutsch had represented Rasmea Odeh. He is a partner at the Peoples Law Office in Chicago and a former legal director at the Center for Constitutional Rights. After clerking for United States Court of Appeals Judge Otto Kerner, Mr. Deutsch went into private practice, joining People’s Law Office in 1970 where he has represented political activists and victims of police and government civil rights violations. His advocacy has taken him all around the world, including to hearings in the United Nations. He has tried many civil and criminal cases in federal and state courts, and has written and argued numerous appeals, including several in the United States Supreme Court.
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New York City Titanpointe National Security Agency Protest
There is a massive 550 foot tall gray granite and cement NSA spying hub hidden in plain sight in a windowless skyscraper in downtown Manhattan. At noon on April 15 an action is planned by a group called the Quiet American. It is an arts and politics journal based in Ridgewood, Queens, New York. They will perform a rite of exorcism on the building in order to, as their press release states, “to metaphysically purge the edifice of the data it hoards and to invoke a less maniacal version of citizen-government relations.”
The building is located at 33 Thomas Street where the action will take place. It is a windowless monolith that people say is “creepy as hell” and “a monument to the bottomless fear that locks us in permanent war”. The building was designed to withstand a nuclear assault and sustain its employees working there for two weeks.
Guest – Eli Smith, a musician and activist from Brooklyn, who has helped organize the event. Eli Smith is also a folklorist and music producer who organizes the annual “Brooklyn Folk Festival”, a huge weekend music gathering now in its ninth year, and coming up at the end of April.
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Lawsuit Forces EPA Head To Release More Emails Exposing Fossil Fuel Ties
Donald Trump’s nominee to head the Environmental Protection Agency, Scott Pruitt, was recently sued by the Center for Media and Democracy to force the release of emails exposing ties with fossil fuel backers and the Oklahoma Office of Attorney General.
The suit, filed on behalf of the Center for Media and Democracy (CMD), seeks an emergency injunction to prevent Pruitt from destroying any documents relevant to the group’s open records requests before his confirmation hearing. Since 2015, CMD filed seven records requests with Pruitt’s office seeking communications with Koch Industries and other coal, oil, and gas corporations as well as the corporate-funded Republican Attorney General’s Association.
Pruitt has yet to turn over a single document, despite acknowledging that his office has 3,000 emails and other documents relevant to CMD’s initial request. The Oklahoma Open Records Act provides that “the people are vested with the inherent right to know and be fully informed about their government . . . so they may efficiently and intelligently exercise their inherent political power.”
The act also mandates that a public body “must provide prompt, reasonable access to its records.” With Pruitt seeking confirmation to become EPA administrator, these public records are essential for the U.S. Senate to do its job.
“There is no valid legal justification for the emails we received last night not being released prior to Pruitt’s confirmation vote other than to evade public scrutiny,” said Arn Pearson, general counsel for CMD. “There are hundreds of emails between the AG’s office, Devon Energy, and other polluters that Senators should have been permitted to review prior to their vote to assess Pruitt’s ties to the fossil fuel industry.”
Guest – Arn Pearson, General Counsel and Policy Advisor from the Center for Media and Democracy. He previously served as the Vice President for Policy and Litigation at Common Cause. Arn has worked for more than 20 years developing federal and state policy and legal strategies around campaign finance reform, government ethics, corporate accountability, and tax reform.
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Law and Disorder March 27, 2017
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Updates:
- Michael Smith : Supreme Court Justice Nominee Neil Gorsuch
- NY Governor Cuomo Proposes Visitation Reduction For Inmates At Max Security Prisons
- Call Governor Cuomo 518-474-8390 / Contact Information Link
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The Politics Behind ‘Russia-gate’
We are in the midst of what has been referred to as “Russia-gate”. The Democrats with their neoconservative allies and most of the major media are alleging, with no proof, that President Trump has been in collusion with Russia and specifically that Russia helped tilt the election in his favor. Mainstream journalist and New York Times columnist Thomas Friedman has for example compared the alleged Russian hacking of the Democratic Party emails to be another Pearl Harbor or 911. This hysteria is extraordinarily dangerous inasmuch as Trump may be put into a position in confronting Russia, the other major nuclear power in the world.
Guest – Robert Parry is a Washington DC investigative journalist and co-founder of Consortium News. He has covered Washington for nearly 4 decades. One of the many important stories he broke was on the Iran-Contra scandal. His latest book is America’s Stolen Narrative: From Washington and Madison to Nixon, Reagan and the Bushes to Obama.
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Electronic Devices Seized And Data Requested From Inauguration Arrestees
At the Trump inauguration protests earlier this year over 200 people were mass-arrested and charged under the Felony Riot Act, punishable by up to 10 years in prison and a $25,000 fine. Those picked up in the sweep — including journalists, medics and legal observers — had their phones, cameras and other personal belongings confiscated as evidence. Law enforcement is compelling Apple, Facebook and Google to hand over the personal information of many of those arrested. The tech giants appear to be complying, or are willing to comply with these data-mining requests. Several of the persons arrested have been contacted by Facebook and Apple and notified that their personal information has been requested by the United States Attorney’s Office. An Apple customer notice to one noted that: “Apple will be producing the requested data in a timely manner as required by the legal process.” An NLG attorney representing several of the protesters, Mark Goldstone, has said that one of his clients will fight vigorously to prevent the data from being handed over as the phone was not even present at the demonstration.
Guest – Stephanie Lacambra, a criminal defense staff attorney for the Electronic Frontier Foundation. Stephanie is a long-time indigent criminal defense trial attorney and immigration defense activist who graduated from UC Berkeley’s Boalt Hall School of Law in 2004. Before coming to EFF, she worked as a Deputy Federal Defender for two years at the Federal Defender’s Office of San Diego trying federal felony cases ranging from illegal entry into the US to drug and alien smuggling. Then she spent the next decade working at the San Francisco Public Defender’s office trying dozens of cases ranging from robbery to attempted murder. She continues to speak truth to power by protecting individual privacy rights from government overreach as part of the Civil Liberties Team at the EFF.
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