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 February 8, 2016

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Public Water Crisis Flint Michigan: Attorney Bill Goodman

We take another look at the public water crisis in Flint, Michigan. The legal cases being brought are being litigated at the intersection of environmental racism and capitalist austerity. Flint, a predominantly impoverished African-American city north of Detroit, had an emergency manager imposed on it by Tea Party Governor Rick Snyder. The emergency manager, acting outside of democratic controls, switched the clean water supplied to the city from the Detroit water system to the polluted Flint River claiming this would save money. Chemicals added to the filthy Flint River water caused lead from the supply pipes to leech into the drinking water.  This caused lead poisoning to thousands of children in Flint. Lead poisoning is known to cause irreversible brain damage. FlintWaterClassAction.com

Guest – Bill Goodman is the attorney for a number of victims of water poisoning in Flint, Michigan. He’s a leading civil rights attorney in Michigan and the former Legal Director of the Center for Constitutional Rights.

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Remembering Attorney Michael Kennedy

We speak today with Bernadine Dohrn about the late Attorney Michael Kennedy. Kennedy died two weeks ago in New York City from cancer at the age of 78.  He was one of the great civil rights in criminal law defense attorneys of his generation. Kennedy graduated from law school in California and began his career representing Cesar Chavez and the migrant farm workers. He also represented Black Panther leader Huey Newton and SDS leaders Rennie Davis and Bernadine Dohrn and Native American protesters at Wounded Knee, South Dakota. He later moved to New York and became staff counsel for the National Emergency Civil Liberties Committee where he represented opponents of the war in Vietnam and supporters of the Irish freedom struggle.

Guest – Bernadine Dohrn, former leader of SDS and longtime member of the National Lawyers Guild where she served a student organizer in the late 60s.  Until recently Bernadine Dorh taught law at Northwestern University Law School supporting justice for juveniles.

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Law and Disorder February 1, 2016

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CCR Human Rights Group Returns From Israel

Executive Director of the Center for Constitutional Rights Attorney Vince Warren returned from Palestine Israel last month where he was accompanied by CCR Legal Director Baher Azmy and CCR Deputy Legal Director Maria LaHood.  We talk with Vince Warren about what they saw, with whom they met, and the current activities of the CCR in support of the Palestinian people and human rights in Israel Palestine.

Guest – Vince Warren, Executive Director of the Center for Constitutional Rights. He oversees CCR’s groundbreaking litigation and advocacy work, which includes using international and domestic law to hold corporations and government officials accountable for human rights abuses; challenging racial, gender and LGBT injustice; and combating the illegal expansion of U.S. presidential power and policies such as illegal detention at Guantanamo, rendition, and torture. Prior to his tenure at CCR, Vince was a national senior staff attorney with the American Civil Liberties Union, where he litigated civil rights cases, focusing on affirmative action, racial profiling, and criminal justice reform. Vince was also involved in monitoring South Africa’s historic Truth and Reconciliation Commission hearings, and worked as a criminal defense attorney for the Legal Aid Society in Brooklyn. Vince is a graduate of Haverford College and Rutgers School of Law.

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American Exceptionalism And The Proto-Fascist State

American exceptionalism is a term referencing the special character of the United States as a uniquely free nation based on democratic ideals and personal liberty.  Our guest Todd Pierce has written about this and American militarism on sites such as MondoWeiss.com, Consortiumnews and Truthout. We’ll also talk with him about the Obama Administration’s expression of “American exceptionalism.” How has military rule degenerated the principles within U.S. Constitution? Todd Pierce points out that there is a continuity between the Obama Administration – today’s neoconservatives and the law under fascist Germany in the 30s and 40s.

Guest – Todd Pierce, retired Major in the U.S. Army Judge Advocate General (JAG) Corps in November 2012. His most recent assignment was defense counsel in the Office of Chief Defense Counsel, Office of Military Commissions. In the course of that assignment, he researched and reviewed the complete records of military commissions held during the Civil War and stored at the National Archives in Washington, D.C.

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Law and Disorder January 25, 2016

Updates:

  • Co-host Michael Smith Makes Presidential Election Prediction

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Mumia Abu-Jamal Health Lawsuit Update

For three days in late December, the 3rd Circuit Federal District Court heard Mumia Abu-Jamal’s lawsuit against the Pennsylvania Department of Corrections for refusal to provide him treatment for Hepatitis C.  Testimony from Dr. Paul Noel, Chief Medical Officer of the Pennsylvania DOC revealed that under the DOC’s new protocols only 5 out of an estimated 5,000 prisoners with chronic Hepatitis C were being treated with the new anti-viral drug beginning this fall – less than 1/10th of one percent.

The trial ended with a stunning revelation that the lawyer representing the DOC had knowingly introduced false evidence. Dr. Noel was the final witness; he stated that an affidavit introduced by defense attorney Laura Neal bearing his signature was NOT his actual testimony. It quickly became evident that the DOC attorney had ignored Dr. Noel’s repeated requests not to insert an erroneous paragraph into the document–in other words, she tampered with the evidence.  This same altered affidavit had been a key piece of evidence used by a PA magistrate judge in September to deny Mumia’s injunction against the DOC.

Guest – Bob Boyle, one of Mumia’s attorneys and a long time National Lawyers Guild member.

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Guantanamo Bay Prison: 14 years

As of January 2016 more than 100 men remain at the U.S. military prison at Guantánamo Bay in Cuba. While our own Michael Ratner was president of the Center for Constitutional Rights, a network of hundreds of lawyers were at the forefront of the legal battle against indefinite detention and torture at Guantanamo. After the Center won landmark Supreme Court cases that established U.S. court jurisdiction over the prison and affirming detainee rights to habeas corpus review, hundreds of Muslim men and boys were gradually released from the offshore prison. Keep in mind the majority of the men at that prison weren’t charged with a crime. Many have been cleared for release yet remain trapped by political inaction or other bureaucracy. The pressure from concerned activist groups, organizations and citizens calling on the president of the United States to close Guantanamo has gained momentum.

Guest – Aliya Hussain, the Advocacy Program Manager for the Guantanamo Global Justice Initiative at the Center for Constitutional Rights.

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Drinking Water Crisis in Flint, Michigan

A severe water crisis in the city of Flint, Michigan is attracting mounting concern from around the country. Politicians, celebrities and even presidential candidates are focusing on the toxic tap water in one of Michigan’s biggest and most troubled cities. When the state took charge of the City’s budget during a financial emergency, it decided to temporarily switch Flint’s water source from Lake Huron to the Flint River to save money until a new supply line to Lake Huron was finished. After the April 2014 changeover, residents complained about water looking, smelling, and tasting odd. Virginia Tech researchers revealed that the water was highly corrosive. A class-action lawsuit alleges the state Department of Environmental Quality failed to treat the water for corrosion, as federal law requires, and because so many service lines to Flint are made of lead, the toxic element leached into the water of the city’s homes. Although the city switched back to the Lake Huron water supply in October, the damage was already done to the lead pipes. The state is now handing out filters and bottled water with the National Guard.

Guest – Sheila Foster, the Albert A. Wash Professor of Law at Fordham Law School and Faculty Co-Director of the Urban Law center at Fordham University.

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