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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 March 8, 2021
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The 1871 Anti-Klan Act And The NAACP Lawsuit
Black Mississippi Congressman Benny Thompson with the support of the National Association for the Advancement of Colored People (the NAACP) last month sued former president Donald Trump, his disgraced lawyer Rudy Giuliani, the fascist group Proud Boys, and the Oath Keepers, a far right organization of ex-military and policemen.
Thompson used the 1871 Anti-Klan Act as a basis for his lawsuit. He alleges that there was a conspiracy between Trump and the other defendants to stop Congress from doing its business when Trump incited the January 6, 2021 ransacking of the Capitol.
The 1871 Anti-Klan Act was passed for precisely this purpose. 150 years ago, six years after the conclusion of the Civil War, the southern losers who wanted to keep slavery in another form, formed the Ku Klux Klan to murder, terrorize, and harass Black people for registering to vote, voting, running for office or performing their duties after getting elected.
The launching of this lawsuit is an extremely positive development. It’s chances of success would be increased exponentially if the fight was extended beyond the courtroom and masses of people were mobilized behind it. This is a lesson to be learned from Attorney Michael Ratner.
Guest – Black rights and socialist activist Malik Miah, an advisory editor for Against the Current magazine and a regular contributor to the Australian newspaper, “Green Left Weekly”. Malik Miah is a retired airline mechanic and trade unionist at United Airlines in San Francisco.
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Ross Ulbricht: Petition For Clemency
Seven years ago a NY jury found Ross Ulbricht guilty on charges related to operating the Silk Road website. The site was a Tor-hidden site, and used Bitcoin, triggering an all-out FBI search to determine the operator’s identity. The 29-year-old convicted on seven charges, including a kingpin charge, and Judge Katherine Forrest imposed two life sentences and 40 years without the possibility of parole, for the young, nonviolent and first-time offender.
The sentence was far longer than prosecutors sought. The website sold, among other items, illicit substances. Ross wasn’t convicting of selling illegal drugs but rather of creating an e-commerce website that others elected to use for that purpose. At trial, no victims were named; rather rampant corruption, abuse, evidence tampering and several violations of Ross’s rights cast doubt in the legal and technology communities on both the conviction and the extraordinary sentence.
In the 2016 appeal, defense attorneys presented a litany of improprieties in the investigation and the trial itself. One of the consequential of these was the court precluding information about two corrupt federal agents investigating Silk Road who were sent to prison on corruption charges. The Supreme Court refused to consider the case. So supporters spent the past four years preparing to petition Donald Trump for Clemency.
Guest – Ross’s mother, Lyn Ulbricht joins us to talk about a petition for clemency to President Donald Trump. Free Ross Ulbricht.
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Law and Disorder March 1, 2021
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- Commentary By Attorney Jim Lafferty: Christian Nationalism
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Activists Face Felony Charges In Action Denouncing Elijah McClain Murder
On September 17, 2020 at least six anti-racist activists were arrested in an action denouncing the Colorado police, notably for the murder of Elijah McClain. In the summer of 2019, three Aurora Colorado police officers put 23-year-old McClain in a chokehold and medics injected him with ketamine. The young violinist and massage therapist went into cardiac arrest, was pronounced brain dead, and died three days later.
The social justice activists now face a litany of felony charges, and possible decades in prison, on charges that include “kidnapping.” Four of those arrested — Russel Ruch, Lillian House, Joel Northam, and Eliza Lucero — are considered protest leaders and are members of the Party for Socialism and Liberation.
Police made a spectacle of the arrests, sending what many assert is a threatening message to other activists. Police followed Russel Ruch to Home Depot where they arrested him in the parking lot; five police cars surrounded Lillian House as she was driving; and a S.W.A.T team was dispatched to Joel Northam’s home. According to the 30-page arrest affidavits, the police used livestream footage, call transcripts, and social media posts to build a case against those arrested.
Guest – Lillian House, one of the four protest leaders. More information at Denverdefense.org
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The Current Risk of Nuclear War And Treaty Restoration
When Donald Trump was president, the Democrats called him Putin‘s poodle. They falsely claimed that Russia influenced the election and caused Hillary Clinton to lose to Trump. Clinton famously said “all roads lead to Russia.“
But the truth of the matter was quite different. Despite Trump seemingly adoration of Vladimir Putin as a strong man, American policy towards Russia was not completely friendly. The question now is what will Biden do?
The risk of nuclear war with Russia has been a grave concern since the cold war of the 1950s. Under Presidents Donald Trump and Barack Obama American nuclear policies were such that the threat of war including accidental war was never reduced. With Biden as president will this change? Will there be a restoration of nuclear treaties and a de-escalation.
Guest – Ray McGovern former CIA intelligence analyst, Ray briefed President George H. W. Bush every morning on intelligence matters, particularly with respect to Russia. He is a founder of VIPS, Veteran Intelligence Professionals for Sanity and a contributor to the blog Common Dreams.
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Law and Disorder February 22, 2021
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Chris Hedges: Donald Trump Acquittal, Going Forward
Before going to prison Trump’s attorney and fixer Michael Cohen testified to Congress that Trump would never leave office peaceably. He sure didn’t. He instigated an insurrection on January 6th. His premeditated coup almost succeeded.
His plan appears to be that he would get his followers to prevent the ballot certification of Biden as president and cause enough mayhem to declare martial law. The marauders he sent to the White House hunted for Nancy Pelosi and Mike Pence. They roamed the Capitol chanting “Hang Mike Pence. Hang Mike Pence.” A sturdy gallows was constructed near the Capitol for that purpose.
Reportedly Trump took delight in all of this as it was going on and refused to call off the Capitol sackers or bring in the National Guard. The horrors of that day were dramatically presented by the House trial managers. Comprehensive videos were shown to a national audience. A totally convincing presentation was made. Any right thinking person watching would necessarily conclude that Trump was responsible for what happened. Trump’s defenses were demolished.
It was explained that Constitution allows for illegal and prior cases had established that Trump could be tried even after leaving office. The argument that he had free speech rights was effectively countered. Nevertheless he was not found guilty although seven Republicans refused to go along with their party’s defense of the indefensible. A number of Republican Senators, who were supposed to sit as impartial jury, met with Trumps defense lawyers. Twelve others did not even attend the last day of trial.
After the vote Mitch McConnell, voted to acquit on the spurious grounds that Trump could not be tried since he was no longer in office. He spoke of the possibility of Trump being tried for his crimes. The Republican lead acquittal of Donald Trump will be appreciated as a turning point in American history. The vote to acquit him will be understood as a moment that democracy and the rule of law were trashed allowing the former president to retain his control over a transformed Republican Party which has become an instrument of demagoguery and white supremacy.
Guest – Chris Hedges, a Pulitzer prize winning journalist and considered by many on the left to be an American moral philosopher. He was forced out of his job at the New York Times for opposing the war in Iraq. Hedges is the author of many books including “American Facists: The Christian Right‘s War on America.“ He is the host of the RT show “On Contact”. His latest book is “America: the Farewell Tour.” He writes a weekly column for “Scheerpost” the latest is titled “Cancel Culture: Where Liberalism Goes to Die.”
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ICC Investigation Into War Crimes Proceeds
In 2015, the State of Palestine became a member of the International Criminal Court and granted the Court jurisdiction over crimes committed on the territory of Palestine, including East Jerusalem, since June 13, 2014. The Prosecutor of the ICC opened a preliminary examination into crimes committed in Palestine on January 16, 2015, and the State of Palestine referred the case for investigation in May 2018. During the preliminary examination, Palestinian human rights organizations and victims made submissions describing war crimes and crimes against humanity committed by Israeli officials, including in relation to the 2014 military offensive on Gaza.
In December 2019, the Prosecutor found a reasonable basis to proceed with an investigation into war crimes and crimes against humanity committed on the territory of Palestine – the Gaza Strip and West Bank, including East Jerusalem. victims were invited to submit observations on the Prosecutor’s requests and Center for Constitutional Rights attorney Katherine Gallagher submitted on behalf of twenty Palestinian victims of persecution from all parts of Palestine and the diaspora. A year ago April, CCR joined more than 180 Palestinian, regional, and international human rights organizations in signing an open letter to the ICC prosecutor in support of opening the investigation.
Guest – Attorney Katherine Gallagher, senior attorney at the Center for Constitutional Rights, has appeared before the ICC in the Hague in Holland. She represented two men indefinitely detained in the US offshore prison camp in Guantanamo Bay, Cuba. Katie works on universal jurisdiction ad international criminal law cases involving US and foreign officials and torture and other war crimes.
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