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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 February 20, 2023
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Ending Structural Police Violence And Abuse
On January 7, after an unlawful traffic stop, several police officers in the SCORPION unit of the Memphis Police Department beat, kicked, punched and tased Tyre Nichols, who posed no threat to the public or the officers. He died in the hospital 3 days later. SCORPION, which was disbanded following Nichols’s death, stands for Street Crimes Operation to Restore Peace in our Neighborhoods. In reality, SCORPION’s targets – as with similar such units around the country — were primarily Black men. Far from restoring peace, these officers escalated the violence and killed Nichols. The officers later lied about stopping him for reckless driving and the police chief admitted there was no legal basis for stopping Nichols.
One month later, in his State of the Union address, President Joe Biden introduced Nichols’s parents who were in the audience and he called for police reforms. We all know that racist police violence is nothing new. It has shown itself over and over throughout our history, and has led to calls for reform of the police, and abolition. But structural and systemic racism and police violence persist nevertheless.
In spite of the worldwide outrage at the public execution of George Floyd in 2020, and several superficial reforms, police killings continue to increase, not decrease.
Guest – Jonathan Moore, civil rights attorney in New York City who, since the late 1970’s, has specialized in police and governmental misconduct, employment discrimination, First Amendment advocacy, and international human rights. Jonathan represents the family of Eric Garner, who was killed in broad daylight in 2014 by the New York City police for allegedly selling loose cigarettes. He was also the lead attorney in the New York “stop and frisk” case in 2013 that led to the historic ruling that banned the practice as unconstitutional. And he represented the Exonerated Five (formerly known as the Central Park Five) in their successful wrongful conviction case against the City of New York.
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The Secret Files: Bill de Blasio, the NYPD, and the Broken Promises of Police Reform
The issue of police reform looms large across the nation, with daily reports and images of lethal police violence against Black and Brown persons striking a collective raw nerve. A new book by journalist Michael Hayes reads like both an investigative report and a gripping saga of the nation’s largest police department. Its protagonists are the New York City Police Department (NYPD), its powerful union, Black and Latino New Yorkers, and the Mayor. The book is “The Secret Files: Bill de Blasio, the NYPD, and the Broken Promises of Police Reform.”
Bill de Blasio, mayor from 2014 to 2021, focused his campaign on making the NYPD more accountable to the public. Previously, while serving on the City Council, he introduced legislation to expand the purview and clout of the watchdog agency, the Civilian Complaint Review Board. While in office, de Blasio tried to end the NYPD’s long-standing “stop and frisk” policy, among other pernicious practices. But from the beginning of his tenure, after two officers were fatally shot in Brooklyn in December 2014, the police department and its union doubled down in opposition to reform. One example was to effectively prevent public disclosure of internal investigation files or the identities of police officers known to be the subjects of those investigations.
Guest – Michael Hayes, in addition to his recently released book, Michael has long reported on the policies and practices of U.S. police departments and covered major criminal trials across the country.
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
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Law and Disorder February 13, 2023
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Black History Month And Racist Police Violence
February is Black History Month in America. And on the very first day of Black History Month this year, Tyre Nichols, a young Black man, was laid to rest in Memphis, Tennessee, having been murdered by police officers of the Memphis police department, as he simply tried to get home.
I find it almost impossible to keep track of all the hundreds of cases of racist police violence against innocent Black and brown men and women in America. At the moment our nation is transfixed and in a state of great anger and anguish over the brutal murder of Tyre Nickols in Memphis, Tennessee. And the killings keep coming. In my city, Los Angeles, we’re outraged by the police murder of Keenan Anderson, the cousin of Black Lives Matter co-founder, Patrice Cullers. Both murders were filmed, and so once again the American people saw with their own eyes just how violent and despicable the police can be; and how indifferent the offending police officers are to the fact that what they are doing is being captured on film for all the world to see.
Now, the overwhelming percentage of victims of police assaults are people of color who’ve been murdered, or otherwise brutalized by white cops. But as the Nichols case demonstrates, police violence is so ingrained in policing in America that Black cops, too, often do not hesitate to employ gross violence in the course of their policing.
What accounts for this epidemic of cop killings of people of color in America? Is it connected to America’s history of Black enslavement? And, if requiring the police to be filmed while making arrests has not ended police violence, what will it take to finally end this epidemic of racist policing?
Guest – Attorney Carl Douglas is a partner in the law firm, Douglas/Hicks, one of Keenan Anderson’s family attorneys who’ve just filed a $50 million dollar claim against the City of Los Angeles for what the LAPD did in the Keenan Anderson case. Attorney Douglas, after working 6 years as a Public Defender, then spent 12 years in the Los Angeles law firm of famed, and now deceased, anti-police abuse attorney Johnnie Cochran. And now, his own law firm, the Douglas/Hicks law firm, specializes in police misconduct and other civil rights cases, criminal defense work, as well as personal injury and employment discrimination cases. In short, he is a true “lawyer for the people”.
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CIA Spied On Julian Assange Embassy Visitors: Lawsuit Update
We speak today with New York City attorney Deborah Hrbek who along with her law partner Margaret Ratner Kunstler are suing the CIA, its former Director Mike Pompeo, and the Company they contracted with to spy for them on Julian Assange and his visitors including attorneys at the Ecuadorian Embassy in London. Assange lived there for seven years having been granted political asylum by the Ecuadorian government. The CIA contract employee DC Global copied information off of their cell phones and computers when they visited their client Julian Assange in the Ecuadorian Embassy in London.
They are demanding an injunction forbidding the CIA to use the private information they stole from their devices. The CIA says that it has every right to do what it did because the plaintiffs had no right to expect privacy.
Julian Assange is one the greatest journalist of our time. His exposures of American war crimes, corruption in the Hillary Clinton presidential campaign, and CIA spying on us using our cell phones and smart TVs was the most embarrassing revelations ever revealed about the American war machine and it’s diplomatic corps.
In retaliation the US establishment and its institutions including both political parties and the intelligence agencies took their revenge on Julian by first smearing him, according to a Defense Department directive, and then threatening him with being charged as a spy under the Espionage Act so that he had to take refuge in the Ecuadorian Embassy.
Then former President Donald Trump indicted Assange for espionage and had their British collaborators remove him from the Ecuadorian Embassy and put him in London’s Belmarsh, a notorious maximum-security prison, where he has been tortured daily for the last three years by being held in solitary confinement and denied adequate medical care.
The United States and its servant the British Crown Prosecutorial Service trashed the rule of law throughout the entire extradition proceeding. They lied about the conditions of confinement Assange would face in United States. Even the trial judge thought he might kill himself. The extradition order is eminent.
Guest – Deborah Hrbek is a founding partner at Hrbek Kunstler, a Manhattan entertainment law firm that has represented WikiLeaks in media law matters since 2015. In the course of her work with WikiLeaks journalist and filmmakers she has visited Julian Assange many times, both at the Ecuadorian Embassy at London where he was there as a political Ashlee and in recent years in Belmarsh prison, a maximum-security prison where he has been incarcerated since April 2019. Hrbek is one of the plaintiffs in “Kunstler versus the CIA”, an action that seeks to hold the US government accountable for its illegal activities in connection with its prosecution of Julian Assange.
Hosted by attorneys Michael Smith and Jim Lafferty
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Law and Disorder February 6, 2023
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The Movement To Stop “Cop City”
Less than two weeks after Atlanta police fatally shot an environmental activist, officials held a news conference to announce they are moving forward with plans to build a massive police and firefighter training center. Protesters have dubbed the $90 million Atlanta Public Safety Training Center “Cop City.”
Plans to build the training center have met with opposition from the local community and out-of-staters. Trees would be felled, undermining the city’s efforts to save its tree canopy and increasing the risk of flooding. Others oppose the center for its practice of “urban warfare” and its proximity to poor and majority-Black neighborhoods. The Atlanta Police and Fire Chiefs claim the center will replace substandard trainings and boost morale. The police department especially has had difficulty hiring and retaining officers.
The January 31 news conference came nearly two weeks after the January 18 police killing of an activist known as Tortuguita, after officials claimed that the 26-year-old shot a state trooper. Officers said they fired in self-defense, but protesters question the police narrative, noting the lack of body camera footage of the shooting. Joining us to talk about Stop Cop City and the national epidemic of police violence is Kamau Franklin.
Guest – Kamau Franklin is a former practicing attorney from New York, the founder of the national grassroots organization Community Movement Builders, and co-host of the podcast “Renegade Culture.”
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No Equal Justice: The Legacy of Civil Rights
Professor Peter Hammer is the Director of the Damon J Keith Center for Civil Rights at Wayne State Law School, and has long been a strong advocate for shining light on the intersection of race, class, power and the law. He has published scores of articles and books covering such critical issues as the Flint Water Crisis, the Detroit Future Cities, healthcare, education, racism and capitalism, among others.
What brings us here today is that he and his colleague, Professor Emeritus Edward Littlejohn, recently wrote a critically acclaimed book No Equal Justice: The Legacy of Civil Rights Icon George W. Crockett Jr, just released in 2022. This book tells the amazing story of George W. Crockett and his trailblazing life. He was the grandson of a slave and son of a carpenter. Crockett became the only Black graduate of University of Michigan Law School in 1934, the first Black man to work as a staff attorney for the United Auto Workers in the 1940’s, the first Black law partner in the first integrated law firm in the country in the 1950’s, one of the first Black men to be elected as a judge on Detroit’s criminal court in the 1960’s, and the oldest African American ever elected to the U.S. Congress.
He was also, along with Ernie Goodman and Maurice Sugar, one of the founders of the National Lawyers Guild, the first integrated bar association in the country, in which he played a critical role during the civil rights movement of the 1960’s, including the creation of the NLG Committee to Assist Southern Lawyers.
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
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