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Law and Disorder is a weekly independent civil liberties radio program airing on more than 100 stations across the United States and podcasting on the web. 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 June 19, 2023

 

Remembering South Dakota Senator Jim Abourezk

South Dakota senator Jim Abourezk was an important figure in American politics. He died four months ago at age 92. Abourzeck was the son of immigrants from Lebanon. He grew up on the Rosebud Sioux Indian reservation. Politically he was part of the radicalization of the 60s. He served one term in the US House of Representatives and another in the United States Senate. Elected in 1973, Abourezk fought for policies that are crucially relevant today. He was against American imperial power and opposed the war in Vietnam. He tried to rein in the murderous CIA. He attempted to break up the powerful of big oil companies. He fought for Native American rights, normalization of American relations with Cuba, a government the USA has been trying to overthrow since the Cuban revolution of 1959.

After six years, despite extreme pressure from those who supported him, he left the Senate. disgusted by the power wielded by the monied influence of big business. Jim Abourezk went back to South Dakota and back to the his law practice. Jim Abourezk founded the Arab-American anti-discrimination committee because of the oppression Arabs faced both of United States and abroad, particularly in Palestine.

Guest – Charlie Abourezk, from Rapid City, South Dakota and is a trial attorney, longtime activist and community organizer in the native American community in South Dakota.   He is also a documentary film maker, his most recent is the feature length documentary “A Tattoo On My Heart: The Warriors of Wounded Knee 1973” which played on public television stations around the United States. He is the current Chief Justice of the Rosebud Sioux Tribe’s Supreme Court and a member of the South Dakota Advisory Committee to the US Commission on Civil Rights. His client base is made up largely of Native Americans, tribal schools and Indian tribal governments, but he also represents plaintiffs in civil rights litigation.

Guest – Alya James – Architectural Designer living in New York City.

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Former San Francisco DA Chesa Boudin Teaching At Berkeley Criminal Law and Justice Center

We turn to the subject of the criminal justice system – or, as a growing number of advocates refer to it, the criminal legal system. One reason for the name change is because it’s clear that our system of policing, prosecuting, judging, and sentencing rarely brings about justice. After all, our system was born nearly 250 years ago, at a time when slavery was legal and only white men with property could participate in public life, including voting. Non-white people were thought of as less than human, and women were afforded little if any autonomy apart from the men in their lives.

Since then, we’ve tried to correct course with laws and constitutional amendments that aim to protect everyone equally from the abuse of government power. But real-world statistics show that still – in 2023 – the criminal legal system does not treat all defendants equally, and not all defendants are presumed innocent until proven guilty. Black men, for example, are arrested more, charged more, and given higher sentences than others in similar circumstances.

Guest – Chesa Boudin, founding executive director of Berkeley Law’s new Criminal Law & Justice Center is embarking on a new journey to study, brainstorm, experiment and transform for the better how the criminal legal system operates. He is uniquely suited for this new role, since he’s had experience not only in the public defender’s office representing criminal defendants, but also as the former District Attorney of San Francisco. And he’s unique in the legal profession for another reason: when he was just 14 months of age, he was separated from his parents, radical activists David Gilbert and Kathy Boudin. They were serving very long prison sentences for their part in an armored truck robbery which went astray and where three people killed. He saw firsthand the harmful impact of incarceration on those inside, as well as their families, communities, and society as a whole. These experiences informed his studies as a Rhodes scholar and as a student at Yale, his work as a lawyer, and most importantly, as a devoted husband, father and son. @berkeleylawcljc

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Law and Disorder June 12, 2023

 

The SuperMajority : How the Supreme Court Divided America,

In late June 2022, a package of Supreme Court decisions drastically altered the nation’s legal landscape and divided the nation. It took just three days to roll back some of the most consequential gains for civil rights, voting, the separation of church and state, a woman’s right to choose, and more.

In his new book The SuperMajority : How the Supreme Court Divided America, Michael Waldman offers an in-depth analysis of the 2022 key rulings and the radical ways in which they were crafted. He provides historical context for how the Supreme Court has amassed power far beyond what the Framers intended, and how the current supermajority ascended to the high court. Waldman also points to previous Courts (on both the right and the left) that overreached and describes their consequences for the country. Significantly, he writes that the seizure of so much power by a few members of the Court, and their energetic wielding of it, poses a crisis for U.S. democracy.

A backlash against the Court is underway. Rather than seeking a supermajority of their own, Waldman writes that, “Liberals must fall out of love with the Supreme Court.” He recommends reform measures to curb the Court’s power while applying other pressure points – such as in the court of public opinion.

Guest – Michael Waldman is the president and CEO of the Brennan Center for Justice at NYU Law School, a nonpartisan law and policy institute. An expert on the Constitution and the courts, Waldman served on President Joe Biden’s commission on the Supreme Court. He is the author of The Fight to Vote and The Second Amendment: A Biography. Waldman was director of speechwriting during the Clinton administration. Sign up for newsletter – Briefing

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First Amendment Auditor: Big Nick South Florida Accountability

Most of the populace, some police officers and federal employees may not realize that its every photographers right to take photos and video of federal buildings on public property. The easing of restrictions began when the New York Civil Liberties Union had looked into several cases of people who were wrongly harassed, detained and arrested by federal agents while photographing or shooting video of federal buildings from public plazas and sidewalks.

In 2010, the NYCLU brought a suit against the US Department of Homeland Security in federal court to end this practice. In October of 2010, a judge actually signed a settlement where the US government agreed that no federal statures or regulations bar people from photographing the exterior of federal buildings.

The US government agreed to issue a directive to members of the Federal Protective Service on photographer’s rights. A decade later, the rights attained in this decision are recently being put to the test in what’s known as First Amendment audits.

Guest – Nick Freeman – First Amendment Auditor with millions in view counts joins us to talk about his work in Fort Lauderdale being part of a long emerging trend to educate local law enforcement about the right to photography and subsequent issues such as police accountability.

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Law and Disorder June 5, 2023

The Alliance of Families for Justice

The Alliance of Families for Justice (“AFJ”) was founded seven years ago by attorney Soffiyah Elijah. Its headquarters is in Harlem, a community heavily impacted by mass incarceration. AFJ also has satellite offices in Albany and Ithaca.

AFJ seeks to heal families and individuals who suffer from their own imprisonment or that of a loved one. It seeks moreover to organize and empower them to challenge and change the system of mass incarceration. AFJ’s legal support unit provides free legal representation to incarcerated people and their families. AFJ holds weekly community organizing meetings and family empowerment circles, and monthly healing circles for formerly incarcerated people. Its organizing and advocacy unit spearheads various campaigns including one to #Shutdown Attica and another to end felony disenfranchisement. AFJ’s Youth Empowerment Project has serviced over 400 NYC young people ages 16-24 in its 3yr tenure. All of AFJ’s services are free.

In New York State and most places nationwide incarcerated people lose their voting rights. This is both un-democratic and, because most incarcerated people are Black or Latinix, it is a racist policy and a vestige of Jim Crow laws that permeated New York and most states. The loss of voting rights remains a significant obstacle to criminal justice reform.

Guest – Attorney Soffiyah Elijah, knows intimately what happens to families whose loved ones are put in prison. She has been able through AFJ to support, motivate and educate these families to become advocates for civil rights and justice reform. Attorney Elijah has headed legal clinics at the City University of New York School of Law and has served as the Deputy Director of the Criminal Justice Institute at Harvard University, under Professor Charles Ogletree. She was the first woman and first Black Executive Director of the 170yr old Correctional Association of New York where she helped expose and bring to justice several Attica prison guards for brutally beating a man almost to death.

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Dark Money And Conservative Courts

When Donald Trump became president in 2016, one of the most terrifying prospects was that he could signal a new era for the Supreme Court of the United States – where vacancies would be strategically filled to create one of the most conservative courts in nearly a century, which could roll back constitutional rights and liberties we’ve been taking for granted. Indeed, even though Donald Trump was not re-elected in 2020, the conservative 6-3 majority that exists, and the havoc they are wreaking, could last for decades. While I’m sure Donald Trump would like to take all the credit, the battle to buy Supreme Court influence and push votes to the right long precedes his tenure as president.

Guest – Andrew Perez, has devoted his life and career to exposing the money, influence and secret transactions made among the most powerful people in the world to control the United States laws, government and people. He is an investigative reporter and senior editor for The Lever, which was just awarded the 2023 Izzy Award for outstanding achievement in the independent media by Park Center for Independent Media at Ithaca College for its relentless work “exposing the corrupting influence of corporate power on government and both major parties.” In announcing the award, the Center for Independent Media highlighted Andrew’s work for exposing the largest known political donation in U.S. history — Chicago businessman Barre Seid’s $1.6 billion dark money transfer to conservative operative Leonard Leo who served as Donald Trump’s judicial advisor – and guess who Leonard Leo appears to ready to back now … Republican presidential candidate Ron DeSantis.

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