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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 May 30, 2022
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Right Wing Donors Fund Recall Of San Francisco District Attorney Chesa Boudin
Two years ago, attorney Chesa Boudin was elected by the people of San Francisco to reform the criminal justice system in their city. He was specifically chosen to begin reversing the mass incarceration which has been happening since the 1970s. This mass incarceration was a reaction by right-wing forces to the Civil Rights movement. By the time Chesa Boudin was elected, 2.3 million US citizens were behind bars across the country and another 6 million were on probation or parole. The United States has the highest per capita number of people incarcerated and under governmental supervision than any country in the world.
Chesa promised to begin to reverse this outrage. As an opponent of mass incarceration, his campaign emphasized that 75% of the people arrested in San Francisco are either addicted to drugs or mentally ill or both. He developed diversion programs. He got people into drug rehabilitation and/or psychiatric counseling. He emphasized caring not only for those arrested for crimes but especially for their victims.
He sought to and succeeded in making San Francisco a safer city. Now, after two years of Chesa’s service, crime in San Francisco has largely decreased. As Chesa promised, his office has prosecuted police for misconduct and corporate criminals for white-collar crimes.
Right-wing big money forces from outside San Francisco are attempting to recall Chesa Boudin. The vote will take place on June 7 and early voting has already begun. Rich people who don’t even live in San Francisco have played a big role in the campaign. The right-wing strategy for the recall is the use of fear: Fear of change. Fear of crime. Fear of minorities. Fear of unsheltered people living in the streets.
Chesa grew up while both of his parents, David Gilbert and Kathy Boudin (who died on May 1st), were in prison serving long terms. He was raised by friends of his parents, Bill Ayers and Bernadine Dohrn, two professors who adopted him and welcomed him into their blended family. As a young boy, he would fly alone to visit his parents and go through the prison metal detector to have a few hours with them in the visiting room. Chesa is one of a number of progressive DA’s in the United States. The right understands that toppling him is critical in their effort to stop and roll back the movement for criminal justice reform.
Guest – District Attorney Chesa Boudin was sworn in as San Francisco District Attorney in January 2020. He’s a Rhodes Scholar who graduated from Yale Law School. After obtaining his law degree, he worked as a law clerk to the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit, and later for the Honorable Charles Breyer of the United States District Court for the Northern District of California.
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Alternative Media Under Censorship And Oppression
PayPal, YouTube, and Facebook are quashing non-main stream reporting and opinion about the war in Ukraine. Alternative media is in danger of even more extensive suppression. Archival videos of Chris Hedges’ RT show “On Contact“ were removed from YouTube after RT was banned. This included two interviews Hedges did with cohost of Law And Disorder Radio Michael Smith, another covered Law And Disorder Radio founder Michael Ratner‘s memoir. Consortium News, founded by veteran journalist Robert Parry in 1995 and currently run by Joe Lauria, was banned by PayPal in May. This was also done to Julian Assange and WikiLeaks years ago after they revealed US war crimes in Iraq and Afghanistan.
Consortium News apparently offended the big tech company, possibly with US government connivance, by being critical of US policy in Ukraine. PayPal will not reveal its reasons for the ban. Specifically, Consortium News wrote about NATO’s eastward expansion as well as the US role in the violence in the 2014 Maidan Square overthrow of the democratically elected government of Ukraine and replacing it with one more friendly to US interests.
According to Lauria, Consortium News has about 10,000 listeners a day. Sometimes this spikes to 40,000. Their PayPal account had allowed listeners to click on a support button and thus conveniently give money to the organization. PayPal recently informed Joe Lauria that Consortium News has been permanently banned. It would not discuss why.
Are we facing a dystopian future of big tech and government suppression of alternative journalism? Journalist Matt Taibbi has written that “going after cash is a big jump from simply deleting speech, with a much bigger chilling effect.” This, he added, is “especially true” for “the alternative media world, where money has been notoriously tight.”
Guest – Joe Lauria, Consortium News editor-in-chief. He is a former UN correspondent for The Wall Street Journal, Boston Globe, and numerous other newspapers, including The Montreal Gazette and The Star of Johannesburg. He was an investigative reporter for The Sunday Times of London and began his professional work as a 19-year-old stringer for The New York Times.
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Law and Disorder May 16, 2022
Law and Disorder May 16, 2022
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Michael Smith Editorial On Kathy Boudin
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Landmark Case Roe v. Wade Analysis
In headline news, on May 3 a leaked draft Supreme Court opinion was published in Politico. Samuel Alito’s draft decision in Dobbs v. Jackson Women’s Health Organization would overrule the landmark cases of Roe v. Wade and Planned Parenthood v. Casey. Alito writes that abortion is no longer a constitutional right and he leaves it up to the states to enact and enforce laws restricting a woman’s right to choose.
Alito wrote that “Roe and Casey must be overruled,” finding no constitutional right to abortion. If four more conservative members of the Supreme Court agree — which Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett reportedly do at the present time—all reproductive and privacy rights will be imperiled.
If the court overrules Roe, it’s expected that half the states will outlaw or severely limit abortion. Thirteen states with so-called “trigger laws” would immediately ban the procedure. Five states that have pre-Roe abortion bans could once again enforce them. And 14 states would ban abortions before fetal viability.
Prohibition of and restrictions on abortion would disproportionately affect poor women and people of color. People suffering early miscarriages or ectopic pregnancies could be adversely affected if Roe is overturned. Fertility procedures such as in-vitro fertilization, egg extractions and stem cell procedures could be outlawed. Other “unenumerated” rights not specifically mentioned in the Constitution would be jeopardized. They include the right to travel, the right to vote and the right to interracial marriage.
Guest – Attorney Marjorie Cohn – Professor emerita at Thomas Jefferson School of Law where she taught from 1991-2016, a former criminal defense attorney, and past president of the National Lawyers Guild. She lectures, writes, and provides commentary for local, regional, national and international media. On May 6, Marjorie published an article on Truthout titled: Will Demise of “Roe” Be a Death Knell for Contraception, Marriage Rights?
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Government Agencies Delay Food Safety FOIA Requests
The US Freedom of Information Act is a 1967 federal law requiring federal agencies to disclose information to the public. The logic being: “a government of, by and for the people, is transparent and accountable to those people.” Getting the act passed was a democratic victory of the movement in the 60s. Over the last half-century, FOIA requests became critical tools for both journalists and activists seeking to illuminate federal agency activities.
The problem is– it’s getting harder to wrest information from recalcitrant government agencies. Federal agencies began both heavily redacting information, or ignoring requests entirely. And delays got noticeably lengthier. The law gives agencies 20 business days to respond. But in 2019, the average wait time for a reply to your FOIA request was nearly six months (177 days).
This forces public safety groups to begin expensive and lengthy lawsuits to get data that’s rightfully ours. Today’s guest has experienced this frustrating process—first requesting information; then waiting years for respective agencies to respond; receiving either no reply or replies with much the data blacked out; and finally, being forced to sue.
Guest – Zach Corrigan, is a champion of food safety and senior attorney at Food and Water Watch. Back in 2018, Mr. Corrigan became concerned when Trump both removed 40% of the federal inspectors and allowed for faster slaughter lines in our nation’s hog slaughterhouses. Letting hog slaughterhouses regulate themselves makes foodborne illness nearly inevitable, because Trump’s new rules precluded adequate safety testing. COVID itself should have taught us that human health is inexorably linked to the health of all other animals and the environment. Yet even the Biden administration is pandering to the meat industry by deregulating it.
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