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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 21, 2022

Lawyers Committee on Nuclear Policy

The United States of America was the first, and has since been the only, country to use nuclear weapons. In 1945, at the end of World War II, the US bombed Hiroshima and days later bombed Nagasaki, exterminating several hundred thousand people. The bomb was used twice to intimidate the Russians even as the United States knew that Japan wanted peace.

The United States has embarked on a one and a half trillion-dollar project to upgrade its nuclear arsenal.  It has developed the capacity to fire these weapons so that they are delivered across oceans in a matter of minutes with all of the frightening implications. The prestigious Bulletin of Atomic Scientists has a “Doomsday Clock.” The minute hand on the clock has been steadily advancing and is now only 100 seconds to midnight.

Because of their devastating civilian killing capacity, the use of or threat to use these weapons is unlawful.

Unlike the Paris climate agreement, which set goals for the reduction of fossil fuels, there are no targets for the express reduction of nuclear weapons. Nor have countries’ efforts to reach such targets been assessed. We have no global process for the elimination of nuclear weapons.

Guest – Attorney John Burroughs, is the former Executive Director, now Senior Analyst, of the Lawyers Committee on Nuclear Policy. LCNP was founded in 1981 as an association of lawyers and legal scholars who engage in research and advocacy in support of the elimination of nuclear weapons. The Lawyers Committee on Nuclear Policy serves as the United Nations office of the International Association of Lawyers against Nuclear Arms. John has represented LCNP in Nuclear Non-Proliferation Treaty review proceedings and in negotiations on the Treaty to Prohibit Nuclear Weapons.

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Ukraine Crisis and Parallels To The Cuban Missile Crisis

As tensions between Russia, Ukraine, the United States and other NATO countries escalate, the corporate media is portraying the conflict as aggression by Russia and US-NATO’s position as purely defensive. But even though the Biden administration is rattling its economic, political and military sabers at Russia, Ukrainian President Zelensky says a Russian invasion of Ukraine is not imminent and warns that “panic” by U.S. and other NATO leaders is causing economic destabilization in Ukraine. Meanwhile, the U.S. is sending massive amounts of weapons to Ukraine, boosting the profits of military contractors.

In 1990, as the Soviet Union was disbanding, then US Secretary of State James Baker assured the Soviets that NATO would not expand “one inch to the East.” Nevertheless, since the late 1990s, NATO has expanded to include many countries including some that border Russia, which Russia sees as a real threat. If Ukraine joins NATO, Russia considers that an “existential threat.”

Since the US-supported 2014 coup in Ukraine that led to the ouster of President Viktor Yanukovich, the US has delivered $2 billion in military aid to Ukraine.

Although Ukraine and Russian-backed separatists signed a 12-point ceasefire deal in 2014, known as the Minsk agreements, Ukraine has not implemented the constitutional changes required by the Minsk agreements. The unconditional US military assistance to Ukraine has encouraged the Ukrainian government to ignore the Minsk agreements and reassert sovereignty over Russian Crimea.

In October, Ukraine launched attacks in Donbass, Russia, and Russia responded with troop movements and military exercises. The US is framing Russia’s troop movements as a threat to invade Ukraine without provocation.

Professor H. Bruce Franklin, author of the 2018 book, Crash Course: From the Good War to the Forever War, has drawn parallels between today’s standoff at Ukraine’s border and the Cuban missile crisis, although the great power roles were reversed.

Guest – Bruce Franklin is a former Air Force navigator and intelligence officer, a progressive activist, and the John Cotton Dana Professor of English and American Studies, emeritus at Rutgers University in Newark, New Jersey. He has authored or edited 19 books and has received lifetime achievement awards from the American Studies Association and other major academic organizations.

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Law and Disorder February 14, 2022

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Encroaching Fascism In The United States

An American form of fascism is unfolding in our country. What exactly is it and what can we do to fight it?

We see a massive political effort to legitimatize and normalize white minority rule. Things are happening rapidly. A year ago our capital was attacked pursuant to a plan to reverse the results of the election. Soon the Supreme Court will likely overrule the almost 50 year precedent set by Roe v Wade on the question of a woman’s right to control her own body. Voting rights have been and will continue to be extremely restricted particularly in communities of color. Irrational and magical thinking has been legitimatized. More than 900 thousand people have unnecessarily died of Covid. There has developed in our country a culture of cruelty manifested by Trump, but initiated in CIA torture and detention camps for Muslim men and boys in Abu Ghraib and Guantánamo.

It didn’t start after 9/11 with the wars against Afghanistan and Iraq. It goes back further than that. America has been prosecuting wars abroad during our entire lifetimes. The provocations against Russia regarding NATO military encroachment on its borders are the latest chapter in almost continual and seemingly endless wars. A lesson of history since Greek and Roman times is that you can’t have imperialism abroad and democracy at home.

Guest – Professor Henry A. Giroux currently holds the McMaster University chair for a Scholarship in the Public Interest in the English and Cultural Studies Department. He has written many books, most recently The Public in Peril: Trump and the Menace of American Authoritarianism and American Nightmare: Facing the Challenge of Facism.

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The Inauthentic Opposition Within The Empire

The January 6th event last year was a peculiar kind of coup, not one that would install an authoritarian figure, but one that was designed to keep him in his job. It almost worked, but not quite. Trump had support but not enough in the right places. There wasn’t enough support for him in the military, the national security establishment, nor in the corporate elite, nor in the media. That doesn’t mean that we are out of danger.

We are seeing the success of a creeping homegrown Christianized form of fascism in our country. A particular American form. 150 million people live in red states. The far right has seized local politics. The majority of legislatures and the governorships in 22 states as compared to 15 by the Democrats. Thirteen are divided.

Nineteen states have passed voter suppression and voter nullification laws as documented by the Brennen Center at NYU School of Law. In the face of this the Democratic Party has been supine. They will not mobilize the American people. The late political philosopher Sheldon Wolin has called the Democratic Party “the Inauthentic Opposition.“ The Democrats function as a junior partner of the Republicans.

As Noam Chomsky has stated, the January 6 events show that the “limited political democracy that still exists is hanging by a delicate thread.“ The Republicans have rejected democratic, with a small “D”, politics. What are the reasons for The growth of Christian fascism? What might be in store for us? What is to be done?

Guest – Roger D. Harris is closely affiliated with the Task Force on the Americas and The US Peace Council. He is a leader of the California Peace and Freedom Party, the only socialist party in the state to hold ballot status.

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Law and Disorder February 7, 2022

Repairers Of The Breach: Reverend Dr. William Barber

As political scientist Barbara Walter has recently warned, violent extremism is on the rise globally, and there’s even an increasing likelihood of a second civil war in the United States. At the same time, a Harvard University poll of 18- to 29-year olds revealed that nearly two-thirds are more fearful than hopeful about democracy’s future. Respondents blamed politicians and money in politics as key factors, along with structural racism, and lack of access to higher education. Both polls came as President Joe Biden addressed international leaders at a Democracy Summit, and said the survival of democracy depended on their decisions. For his part, Biden has promised to rebuild the backbone of the country – the middle class – and has claimed that his Build Back Better Act will do just that. He promises to set the United States on course to meet its climate goals, create millions of good-paying jobs, enable more Americans to join and remain in the labor force, and grow the national economy. The most profitable corporations, and the wealthiest Americans, will pay their fair share of taxes.

Guest – Rev. Dr. William J. Barber II is a member of the National NAACP Board and a pastor of Greenleaf Christian Church in Goldsboro, NC since 1993. He has been called “one of the most gifted organizers and orators in the country today,” and “the closest person we have to Martin Luther King Jr. in our midst.” The Reverend is the president and senior lecturer at Repairers of the Breach and co-chair of the Poor People’s Campaign: A National Call for Moral Revival.

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In Memory Of Glen Ford

Glen Ford died of lung cancer last summer in July at the age of 71. Cornell West wrote that “He was the most brilliant, courageous, and consistent writer and journalist in the Black radical and independent tradition of his generation.“ Of himself Glen said “I am a Black nationalist and a socialist.“ He had been executive editor of the Black Agenda Report, which she helped found in 2006. Today on Law And Disorder we speak with three people closest to Glen Ford. We talk with his daughter Tonya Rutherford, Margaret Kimberley and Ajamu Baraka. Just before he died Glen was able to complete the manuscript for The Black Agenda. The book is available from OR Books.

Margaret Kimberly worked with Glen. She wrote the introduction to his book and is now the Managing Editor of Black Agenda Report. Glen was her mentor and teacher. Ajamu Baraka is an editor and frequent contributor to BAR. He is the Executive Director of the Black Alliance for Peace He ran as the Green Party candidate for vice president in 2016. Raymond Nat Turner is the poet in residence at BAR.

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