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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 2, 2026
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250th anniversary of the Declaration of Independence Signing
2026 is the 250th anniversary of signing of the Declaration of Independence and the founding of the United States of America. Festivities and events are being organized all over the country all year long. Here at Law and Disorder, we intend to invite guests throughout 2026 who can help us explore the Founding of our country in a way that is truthful, authentic, and comprehensive.
But like so much else in these dangerous times, President Donald Trump is ruining this rare opportunity to celebrate the enduring values of pluralism, justice, and equality on which this country was founded.
Instead, Trump is enlisting the entire federal government and billions of public and private dollars into converting this national anniversary into an opportunity to whitewash American history, pursuing his obsession to destroy diversity, equity and inclusion; crushing institutions like the Smithsonian Museums, that for 175 years have served as “a welcoming place of knowledge and discovery for all Americans;” and imposing his reactionary vision of White Christian nationalism.
Seeing how Trump is already exploiting the 250th anniversary of the Founding by peddling his distorted version of American history, our very own co-host Steve Rohde has been investigating what Trump is doing and how the rest of us need to redouble our efforts to immerse ourselves and the American people in an accurate and comprehensive account of our history.
Guest – Stephen Rohde is a writer, lecturer and political activist. For almost 50 years, he practiced civil rights, civil liberties, and intellectual property law. He is a past chair of the ACLU Foundation of Southern California and past National Chair of Bend the Arc, a Jewish Partnership for Justice. He is a founder and current chair of Interfaith Communities United for Justice and Peace; member of the Board of Directors of Death Penalty Focus, and a member of the Black Jewish Justice Alliance. He is the Special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council. Mr. Rohde is the author of the books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly and numerous articles and book reviews on civil liberties and constitutional history. He is a co-host of Law and Disorder Radio and Podcast. His new podcast Speaking Freely: Exploring the First Amendment with Stephen Rohde is available on Spotify. Rohde’s articles and book reviews can be found at Muck Rack | For journalists and public relations.
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Protesters Converge in Minneapolis Amid Tragic Aftermath
On a sub-zero afternoon on January 23, thousands gathered in Minneapolis to demand an end to ICE deportations and to confront the human cost of immigration enforcement. Many called openly for the abolition of ICE. Faculty, students, union members, and community organizers stood shoulder to shoulder in the freezing cold—bundled beyond recognition, passing out signs and hand warmers, chanting “ICE OUT” as Prince played over loudspeakers. It was a show of collective resolve: people braving the cold to insist on dignity, safety, and solidarity.
What made the day especially striking was how far people traveled to be there. Faculty drove hours across Minnesota; others flew in from across the country. Among them was Sandor John, a faculty leader from the Professional Staff Congress at CUNY, who came with students to stand alongside Minnesota educators and labor organizers. A small button reading “Education Not Deportation” captured the deeper message: this was not only about immigration policy, but about who belongs and whose labor is valued.
The conversation unfolded in the shadow of tragedy. The march occurred just one day before Minneapolis became the scene of another fatal encounter between federal immigration agents and a resident—37-year-old ICU nurse Alex Pretti, who was shot and killed by federal agents during an enforcement action. His death, and that of Renee Good, underscored that immigration enforcement is not an abstract policy debate. It’s a system with deadly consequences for people, including Black Americans, in the community.
Guest – Sandor John joins us today to describe what he saw on the ground in Minneapolis. Sandor is on the faculty at the City University of New York’s Hunter College. He’s a member of the Professional Staff Congress (PSC) faculty/staff union there and of the PSC’s Immigrant Solidarity Working Group.
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Law and Disorder January 26, 2026
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In 1947, the Bulletin of Atomic Scientists created the “Doomsday Clock” to draw attention to the existential dangers posed by human technology. The time was set to seven minutes to midnight, with midnight symbolizing destruction of life on Earth. Just two years before, in 1945, the United States dropped atomic bombs on Hiroshima and Nagasaki. The world saw firsthand the potential of a nuclear annihilation.
As World War II was ending, a different kind of conflict was underway: the Cold War. And over the next four decades, the United States and Soviet Union competed for nuclear dominance—not only through foreign policy and military strategy, but also on the home front, using propaganda and retaliation against critics. Throughout this period, people of conscience, like Daniel Ellsberg, who leaked the Pentagon Papers in the early 70s, repeatedly sounded the alarm. Ellsberg and others warned that there was no way to “win” a nuclear war. If one side launched a nuclear weapon, the other would inevitably respond, leading to mutual destruction.
Today, more than 30 years after the end of the Cold War, the nuclear arms race continues. According to the International Campaign to Abolish Nuclear Weapons, nine nations continue to stockpile nuclear weapons, including the US, Russia, China, Israel, Pakistan, France, the United Kingdom, and North Korea.
Last January, a week after Donald Trump began his second term as president, the Bulletin of Atomic Scientists moved the Doomsday Clock forward to 89 seconds to midnight—the closest humanity has ever come to global catastrophe. The Bulletin announced that it will update the time this week. Whether the clock is set closer to midnight or not, the question remains: Is there time and the will to change our trajectory, to learn from the past, and avoid a path to global destruction?
Guest – Paul Jay, award-winning journalist, filmmaker, and founder of theAnalysis.news. Jay has spent decades investigating the inner workings of government, corporate power, and military policy, combining investigative rigor with a storyteller’s clarity. He is currently working on a new project, How to Stop a Nuclear War, a groundbreaking documentary set to be released in the fall of 2027 based on extensive interviews with Daniel Ellsberg and narrated by Emma Thomson. Through rare interviews and in-depth research, the film examines how close humanity has come to nuclear catastrophe—and why Ellsberg’s warnings remain urgently relevant today.
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The Imperial Bureau: the FBI, Political Surveillance, and the Rise of the US National Security State.
The forces of American fascism are rapidly consolidating in our country. It is chilling to think that President Trump has only been an office for one year. American fascism is considered to be a unity of the MAGA forces around Trump and certain billionaire sectors of the capitalist class. Their project, like those of the Nazis in Germany, is what the Germans called “Gleichschaltung” meaning “bringing into line.”
In America,independent centers of power have been brought into line. Universities, the large law firms, the media and much of the court system. The Supreme Court is now subservient to the dictates of the Trump administration. President Trump is working to get more people and institutions to knuckle under. We talk today about the threat to crush the left with the recent issuance of his National Security Presidential Memorandum 7. It is known as NSPM7.
The genius of the U.S. Constitution, which limited power by setting up a system of checks and balances, has been sidestepped as President Trump now essentially rules by executive order. The Supreme Court uses the shadow docket to avoid public consideration of cases involving liberty.
Congress is not consulted about declaring war as President Trump ordered the secret bombing of Venezuela and kidnapping of its leader and his wife. The Voting Rights Bill has been gutted. It’s not illegal for big corporations to contribute any amount of money they want. Both the Democratic and Republican parties are subservient to big capital. The old form of democracy, however, limited by race and class, has almost disintegrated.
In the recent months, the world has watched as ICE has terrorized populations in major American cities. Already its budget is $11 billion. They are seeking to hire another 10,000 recruits. The DHS vetting process has recently come under scrutiny revealing it as careless and negligent. Some are recruited from gun shows. Recruits are given a $50,000 signing bonus with salaries ranging from $49,000-$89,000 a year. NSPM7 supplemented by the Attorney General’s memorandum targets among others those who speak out against racism, war, injustice, misogyny, capitalism and white Christian nationalism.
Guest – Chip Gibbons has written about NSPM 7. Mr. Gibbons is the Policy Director of Defending Rights and Dissent. His organization has awareness of the perils of this memorandum. He edits the Gaza First Amendment Alert. He is also the author of the forthcoming book The Imperial Bureau: the FBI, Political Surveillance, and the Rise of the US National Security State.
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Law and Disorder January 19, 2026
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Federal Funding Capitulation: Northwestern Joins Columbia and Brown University
The day after Thanksgiving last year, in an deserved win for Donald Trump and a sad loss for higher education, Northwestern University joined Columbia and Brown universities by capitulating to Trump’s yearlong campaign to bribe American colleges and universities into paying ransom to restore millions of dollars of federal research grants he had illegally suspended on the pretext that the universities had failed to adequately monitor antisemitism on their campuses. Northwestern agreed to pay the Trump administration $75 million and entered into a three-year settlement agreement containing a host of provisions seriously impairing Northwestern’s educational independence and academic freedom.
Within days of the settlement, two law professors from Northwestern’s own law school, Heidi Kitrosser and Paul Gowder, went public alleging that the agreement was illegal and unconstitutional. They wrote: “Our analysis lays bare that the government’s extortion of Northwestern –unlawfully freezing funds to force the university to make a ‘deal’ – has nothing to do with actual legal violations at Northwestern (which, if they existed, could and should have been addressed through established legal channels), and everything to do with a campaign to encroach on the autonomy of Northwestern and other institutions of higher education, and to impose on them the Trump Administration’s reactionary political agenda.”
Guest – Heidi Kitrosser is the William W. Gurley Professor of Law at Northwestern Pritzker School of Law. She is an expert on the constitutional law, government secrecy and free speech law. Her book, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, was awarded the 2014 IIT Chicago-Kent College of Law / Roy C. Palmer Civil Liberties Prize. She is a 2017 recipient of a Guggenheim Fellowship. Prof Kitrosser has been involved in drafting several amicus briefs in recent years challenging threats to free speech, academic freedom, and government accountability. She is also a founding steering committee member of the Free Expression Legal Network. FELN is a network of law school clinics, academics, and practitioners (including nonprofits) across the country that seeks to promote and protect free speech, free press, and the flow of information.
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Prairieland Case Labeled First Prosecution of Antifa
On July 4, a small group of people gathered in front of the Prairieland Detention Center in Alvarado, Texas. They were protesting in solidarity with immigrants and ICE detainees, using noise and fireworks—ordinary tools on Independence Day. Police later claimed that an Alvarado officer was involved in an exchange of gunfire after arriving near the protest, sustaining minor injuries. Six months later, authorities have still not produced hospital records substantiating those claims.
Despite that, a federal grand jury in Fort Worth indicted nine people in connection with the July protest/ Seven others were charged separately. Charges include rioting, use of weapons and explosives, obstruction, providing material support to terrorists, and attempted murder of an Alvarado police officer and unarmed correctional officers.
The Trump administration has publicly framed the Prairieland case as the first prosecution of “Antifa.” On September 25, the White House issued a directive ordering federal law enforcement to prioritize so-called Antifa-linked activity as domestic terrorism. Kash Patel has echoed that framing, publicly labeling the defendants “Antifa-aligned anarchist violent extremists.”
Guest – Dario Sanchez, one of the defendants. A computer science teacher, Dario is caretaking for his injured partner since 2024. He was arrested at a pre-dawn raid on their home with no resistance. https://prairielanddefendants.com/
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