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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 August 2, 2021
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Project YANO, JROTC, and Textbook Project
The Junior Reserve Officers’ Training Corps, or JROTC, is a federal program sponsored by the US Armed Forces in high schools and some middle schools across the nation and at US military bases globally. It currently teaches its lessons to more than half a million students in approximately 3,400 high schools nationwide.
In recent years, the military and its supporters have been promoting the idea of a significant increase in the number of high schools with JROTC—one proposal calls for expanding up to 6,000. Because of this, one nonprofit decided it was time to examine the textbooks used in JROTC classes to see what they are teaching.
The Project on Youth and Non-Military Opportunities, or Project YANO, is a counter-recruitment organization founded in 1984 and based in San Diego country. It released its findings in early July. Their reviewers have backgrounds in classroom teaching or education activists, or special knowledge of subjects JROTC claims to address, such as civil rights, violence prevention, leadership methods, and world history. Team members included current and retired high school teachers, military veterans, and a documentary film producer.
Guest – Rick Jahnkow, a co-founder and board member of Project YANO. Rick worked for 34 years as the organization’s full-time program coordinator. He has researched and organized around the issues of military recruiting, high school Jr. ROTC, and the general militarization of K-12 schools.
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Freedom House 2021 Report: Democracy Under Siege
What if you could assign a grade to countries based on how free they are? Freedom House, a nonprofit organization founded in 1941, does just that. In 1973, it began using social science analysis methods to assess the level of freedom by nation, attaching a numerical score and ranking them as Free, Partly Free, or Not Free.
The report, known generally as Freedom in the World, has been called the “Michelin Guide to democracy’s development” and “essential reading for policymakers and political leaders.”
The 2021 report, “Democracy Under Seige was written by Amy Slipowitz and Sarah Repucci. They noted that the pandemic, combined with economic and physical insecurity along with violent conflict, struck a heavy blow to defenders of democracy. It shifted the international balance in favor of tyranny.
Incumbent leaders, according to the report, increasingly resorted to force when dealing with opponents while “beleaguered activists—lacking effective international support—faced heavy jail sentences, torture, or murder in many settings.”
Guest – Sarah Repucci, Vice President of Research & Analysis at Freedom House. Sarah oversees Freedom House’s flagship publications Freedom in the World, Freedom on the Net, and Nations in Transit. She advises policymakers and business leaders on democracy and human rights around the world, and her commentary has appeared in the New York Times, the Washington Post, CNN, the BBC, National Public Radio, Foreign Policy, and the Journal of Democracy. She previously worked for Transparency International and the Global Business Initiative on Human Rights, and as an independent consultant for several NGOs, and private businesses.
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Law and Disorder July 26, 2021
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Charges Dropped Against Pipeline Activists
The climate movement won a significant victory on July 13 when all charges were dropped against 16 pipeline protesters and a journalist. The local district attorney in Saint Martinsville, Louisiana rejected all criminal charges and vowed not to prosecute them for alleged violations of Louisiana’s anti-protest amendments to their critical infrastructure law.
The Bayou Bridge pipeline is the tail end of the infamous 1172 mile long Dakota access pipeline which brings dirty oil from North Dakota to the Gulf of Mexico. The end of the pipeline runs from Texas to Louisiana.
In 2018, in the midst of fierce opposition to the Bainbridge Pipeline and at the urging of an industry association to Louisiana legislator added pipelines to the definition of critical infrastructure to significantly raise the penalties for people protesting pipeline project. Those found guilty could be punished with five years in prison with or without hard labor.
This critical infrastructure law is part of a national effort to crack down an environmental activists across the US. The law in Louisiana was adopted from model legislation put forward by ALEC, the corporate funded politically conservative group. Similar legislation aimed at pipeline protesters has been introduced more than 23 times in 18 states since 2017 and is in effect in 15.
Karen Savage, an independent journalist who was arrested, said that “the first amendment guarantees water protectors the right to protest and protects my right as a journalist to report those protest without fear of retribution.“
Guest – Anne White Hat, one of the people arrested and charged under the law. Whitehat Botanicals
Guest – Attorney Pam Spees, one of the team of attorneys that handled the criminal defense case. She’s also representing Anne White Hat in a case challenging the constitutionality of the Louisiana law. Whitehat v. Landry
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Continued Erosion Of Voting Rights In The United States
We are in the middle of a second great disenfranchisement in America. The first was after the Civil War reconstruction ended and Black people were stripped of their right to vote and their ability to hold office. This disenfranchisement lasted almost 100 years until the modern civil rights movement of the 1960s.
Legislatures in Republican run states are imposing new voting restrictions particularly on non-white voters. The Brennan Center found that as of June 20th, 17 states enacted 28 new laws restricting the ability to vote since the start of the year.
Republican run states hastened to restrict voting by mail and in person, voting hours and locations, and the implementation of voter registration and voter ID requirements.
Georgia banned giving food or water to voters waiting in long lines, lines that were caused by reduced access to ballot casting locations in Black precincts. They get away with this by raising the imaginary problem of voter fraud.
The Supreme Court has six reactionary judges and three liberals. Three of the reactionaries were added to the court by Donald Trump. The reactionaries recent decision in Brnovich v Democratic National Committee delivered a huge hit to American democracy, such as it is. The decision makes the Court look like an obvious political institution where justices are simply partisan politicians with robes.
In the recent Brnovich decision, the court eviscerated the strongest remaining sections of the Voting Rights Act rights of 1965 which held that election laws and voting rules that actually had a racially discriminatory impact could be blocked.
The first major blow to the voting rights act was in 2013 when the court held in Shelby versus Holder that federal authorities could no longer block regressive new election laws or voting rules in jurisdictions with histories of discrimination.
“Effectively, most of the Voting Rights Act is now dead,” declared Hamlin University scholar David Schultz who specializes in elections.
Guest – Marjorie Cohn, professor emerita at Thomas Jefferson School of Law where she taught from 1991-2016, and a former president of the National Lawyers Guild. She lectures, writes, and provides commentary for local, regional, national and international media outlets. Professor Cohn has served as a news consultant for CBS News and a legal analyst for Court TV, and a legal and political commentator on the BBC, CNN, NPR, and other major stations.
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Law and Disorder July 19, 2021
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Source For The Intercept Outed, Faces 10 Years In Prison
In 2019 the Department of Justice indicted Daniel Hale—a former intelligence analyst for the U.S. Air Force and NSA—for giving classified national defense information to Jeremy Scahill for the online publication The Intercept. The events in question took place between 2013 and 2015. In late March, Daniel pleaded guilty to one count of violating the Espionage Act, punishable by up to 10 years in prison. He is scheduled to be sentenced by U.S. District Judge Liam O’Grady on July 27, 2021.
Hale was named as the source of several documents that revealed grave government wrong-doing, much related to the Obama administration’s expansion of the drone war and other counterterrorism programs that lacked adequate oversight and have brought about as yet unknown numbers of civilian deaths abroad. One document published in the Intercept in 2014 revealed that most of the individuals in the government’s terror suspect database had no affiliation with any terror group.
Many have criticized the Intercept for its failure of source protection. As we recently covered in an interview with Reality Winner’s attorney, The Intercept’s lapses resulted in her identifying information being shared by the Intercept with the government.
Guest – William Neuheisel, the Development and Program Manager for the Whistleblower and Source Protection Program, (WHISPeR), at ExposeFacts. William brings nearly a decade of marketing, communications, and development experience to WHISPeR as well as an expertise and passion for privacy, civil liberties, and First Amendment advocacy.
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Aerial Investigation Research Pilot Program And Persistent Tracking
As the nation erupts in protests against racially-infused police violence, the Baltimore Police Department has just launched a six-month, day-time aerial surveillance experiment. A Texas billionaire has funded the project that is being operated by an Ohio-based company, Persistent Surveillance Systems. The plane flies overhead and records the movements of everyone in the city.
Michael Harrison, Baltimore Police Commissioner, has justified the nearly $4 million experiment by saying, “There is no expectation of privacy on a public street, a sidewalk.”
The Aerial Investigation Research Pilot Program is, by contract, limited to monitoring such felony crimes as robberies, car jackings, shootings and homicides. Images recorded are, in theory, to be used solely in criminal investigations and will be stored for 45 days. A first prong of the program was conducted covertly in 2016 under a different police commissioner.
The ACLU of Maryland calls this initiative the most comprehensive surveillance of a U.S. city in history. ACLU Senior Staff attorney David Rocah said, “It’s the virtual equivalent of having a police officer follow a resident every time they walk out the door, and if that happened in real life, all of us would understand the huge privacy implications in doing that.”
Guest – ACLU Senior Staff attorney David Rocah has worked on a number of significant cases involving free speech, police misconduct, privacy, election law and more. In 2011 he was an inaugural recipient of the James Baldwin Medal for Civil Rights. David previously worked as a Senior Trial attorney in the Civil Rights Division at the US Dept of Justice, focusing on police misconduct and conditions in prisons, jails and other state institutions.
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