Law and Disorder December 21, 2015

Updates:

  • Co-host Attorney Michael Smith Reflects On The Anti-Union Oppression In Detroit And Wisconsin In The Late 50s

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trumbo www.hass.rpi.edu

Trumbo

In the late 1930s and early 40s, many artists, writers, and intellectuals who sympathized with the poor, the labor movement, and the fights against racism and fascism aligned themselves with the Communist Party – which was then following the Stalinist policy of the “popular front”.  Hence, when the governments anti-Communist witch-hunt got underway soon after the end of the second world war in 1946, many in Hollywood were placed under suspicion. Lists of names were drawn up, and those named were subpoenaed by the house committee on un-American activities (HUAC). Novelist and screenwriter Dalton Trumbo had joined the Communist Party in 1943, and he was on that list. In 1947, when called to testify before the HUAC, Trumbo refused to testify on the basis of freedom of association and freedom of thought, both supposedly guaranteed by the First Amendment to the constitution known as the Bill of Rights.  Trumbo spent 11 months in federal prison in Kentucky. He was blacklisted and couldn’t get a job in Hollywood for 13 years, but won Oscars is for two movies that came out under other names. The movie Trumbo starring Bryan Cranston does an effective job of showing the fear of communism that was generated in those dark times and how it decimated Hollywood and was used for thought control.

Guest – Zachary Sklar, Oscar-nominated co-screenwriter of Oliver Stone’s film JFK, and author of the book JFK: The Book of the Film. He’s a journalist, and a professor at the Columbia School of Journalism. He was also a contributor to The Lies of Our Times, a monthly journal dedicated to exposing the truth behind the mainstream media. Zach collaborated with director Oliver Stone on the screenplay of the movie “JFK” and was editor of Jim Garrison’s book “On the Trail of the Assassins.”

Outgoing song – “Nothing” by the Fugs, performed by the Down Hill Strugglers

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Climate Change Conference COP21

The meeting on controlling climate change by reducing greenhouse gases produced by fossil fuels concluded in Paris last week and involved representatives from every nation in the world. The agreement that came out a Paris is widely believed by climate change activists to be not nearly enough; That we need more reductions or our very existence is threatened. Critics of the talks say that it fell short because there were no timetables and no targets and no binding commitments.

Guest – Eleanor Stein, teaches a course called the Law of Climate Change: Domestic and Transnational at Albany Law School and SUNY Albany, in conjunction with the Environmental  and Atmospheric Sciences Department at SUNY. Eleanor Stein is teaching transnational  environmental law with a focus on catastrophic climate change. For ten years she served as an Administrative Law Judge at the New York State Public Service Commission in Albany, New York, where she presided over and mediated New York’s Renewable Portfolio Standard proceeding, a collaboration and litigation of over 150 parties, authoring in June 2004 a comprehensive decision recommending a landmark state environmental initiative to combat global warming with incentives for renewable resource-fueled power generation.

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Law and Disorder December 7, 2015

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Release Aging People in Prison Campaign

Mujahid Farid spent 33 years in prison where he was a successful jailhouse lawyer. He is now involved with RAPP(Release Aging People in Prison, RAPPCampaign.com) and has been the organizer of much of the legal response to parole board intransigence. RAPP activists are pushing the parole board to apply the law regarding their hearings, using recognized standards to measure whether an applicant would be a risk to public safety if they were released, rather than their current practice of simply reciting “you have to stay in prison because of the nature of your crime.”

Guest – Laura Whitehorn is a former political prisoner and native New Yorker, who was active in supporting groups such as the Black Panther Party, the Black Liberation Movement and was active with Students for a Democratic Society and the Weather Underground. Laura worked to help expose the FBI’s Counter Intelligence programs.

Guest – Mujahid Farid co-founded the Prisoners AIDS Counseling and Education program and helped design prison-based sociology and theology courses that allowed others to earn college-credited in prison. He also earned four college degrees and other certifications while incarcerated, including his paralegal certificate, NYS Department of Labor Certificate in Human Development Counseling, and NYC Department of Health Certificate in HIV/AIDS Counseling.

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Raymond Nat Turner : New York City Poet

Raymond Nat Turner is an acclaimed New York City poet whose words–both on the page and stage–are powerful, political and timely. Artistic Director of the JazzPoetry Ensemble UpSurge, Turner is a member of the National Writer’s Union’s New York Local Steering Committee who recently read at the Harriet Tubman Centennial Symposium.  He has appeared at numerous festivals and venues around the globe, from the Monterey Jazz Festival to Panafest in Ghana West Africa.

Guest – Raymond Nat Turner, currently Poet-in-Residence at Black Agenda Report, Turner has been the opening act for such people as James Baldwin, Cynthia McKinney, radical sportswriter Dave Zirin and Congresswoman Barbara Lee after her lone vote against attacking Afghanistan.

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Chicago Mayor Fires Police Superintendent After Massive Public Pressure

Attorney Flint Taylor co-founder of the People’s Law Office in Chicago gives a perspective on the Chicago police shooting of Laquan McDonald. As listeners may know the footage of this shooting was caught on tape and released 13 months later. Last week, Chicago mayor Rahm Emanuel announced that he asked for Chicago Police Superintendent Garry McCarthy’s resignation after massive public protests. The community protests also demanded the resignation of the mayor, the state’s attorney general and other leadership positions.

Guest – Attorney G.Flint Taylor, a graduate of Brown University and Northwestern Law School, is a  founding partner of the People’s Law Office in Chicago, an office which has been dedicated to litigating civil rights, police violence, government misconduct, and death penalty cases for more than 40 years.

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Law and Disorder November 30, 2015

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Lawyers You’ll Like – Attorney  Carol Sobel

As part of our Lawyers You’ll Like series, we’re joined today by civil rights attorney Carol Sobel. Attorney Sobel has spent more than 2 decades working in various positions for the ACLU, including as Senior Staff Attorney. She also chaired the National Lawyers Guild mass defense committee for many years helping coordinate a nationwide defense of Occupy protesters and marshaling legal defense at several Democratic and Republican National conventions.

Carol has been involved in numerous significant cases in federal and state courts including on behalf of homeless individuals on Los Angeles’ skid row. She has been involved in numerous significant cases in federal and state courts. She served as local counsel for the Center for Constitutional Rights in Humanitarian Law Project v. Ashcroft and served on the Rampart Blue Ribbon Panel investigating police corruption in California. A graduate of the Peoples College of Law, since 2002, Carol has been named as one of Los Angeles’ Super Lawyers for Civil Rights.

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The War ISIS Wants: Nafees Hamid

Today we take a look into the psychology of terrorist recruitment and mindset in the wake of the coordinated attacks in Paris carried out by the Islamic state. We also look at the profound allure of the propaganda bringing young Muslims in to join ISIS and become a Mujahid. The transition from regular person to a warrior willing to die for the revolution happens quickly. In the article titled Paris: The War ISIS Wants by Scott Atran and Nafees Hamid, the ISIS movement is described as a trans-national movement, a sub state that doesn’t depend on an infrastructure of a state system. That and ISIS’s unitary message and appeal has created a big problem for the west using military action and ramped up mass surveillance to combat and intercept terrorist acts.

Guest – Nafees Hamid, Social Psychologist Nafees Hamid of University College London, researcher, actor and author of many articles including The War ISIS Wants.

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Law and Disorder November 23, 2015

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A Good American

Weeks before the September 11 attacks, newly-arrived NSA director General Michael Hayden nixed a highly-effective computer surveillance program called ThinThread. Hayden instead elected to award a $280 million contract to the private Science Applications International Corporation to develop Trailblazer, a program that ultimately cost billions of dollars and that was deemed by anonymous NSA sources as a “wasteful failure” before it was finally abandoned.

A new film by Austrian director Freidrich Moser, “A Good American,” tells the story of the mathematician many consider the best code-breaker the US ever had and how he and a small team within the NSA created ThinThread. It could pick up any electronic signal on Earth, filter for terrorist activity, and render results in real-time, avoiding data overload which has been an life-threatening impediment to national intelligence agencies. ThinThread protected American’s privacy by using an anonymizer so that identities were only revealed after obtaining a court warrant. In a secret test-run in early 2002 of the ThinThread against the pre-9/11-NSA database, the program quickly detected the terrorists’ plans.

Guest – Freidrich Moser, Friedrich holds a university degree (MA) in history and german studies from the University of Salzburg Austria. Friedrich started his professional career as a TV journalist and editor in Bolzano-Bozen Italy. In 2001 he founded blue+green communication. He has made over 20 documentaries most of them as producer director DoP. In 2008 he attended successfully the Documentary Campus, the European Masterschool for non-fiction filmmaking.

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Academic Freedom Case Victory Bittersweet: University of Illinois To Pay $875,000 Settlement To Professor Steven Salaita

University of Illinois trustees have voted to agree to a $875,000 financial settlement with Steven Salaita. Last year, his job offer for a tenured position at the University of Illinois at Urbana-Champaign was withdrawn after he posted tweets harshly critical of the 2014 Israeli assault on Gaza. Under the terms of the settlement, Salaita will not get his job back but will receive $600,000. The rest of the money will go to his legal team. “This settlement is a vindication for me, but more importantly, it is a victory for academic freedom and the First Amendment,” Salaita said in a statement. “The petitions, demonstrations, and investigations, as well as the legal case, have reinvigorated American higher education as a place of critical thinking and rigorous debate, and I am deeply grateful to all who have spoken out.” .

Guest – Maria LaHood – Deputy Legal Director at the Center for Constitutional Rights with expertise in constitutional rights and international human rights. She works to defend the constitutional rights of Palestinian human rights advocates in the United States in cases such as Davis v. Cox, defending Olympia Food Co-op board members for boycotting Israeli goods; Salaita v. Kennedy,representing Steven Salaita, who was terminated from a tenured position for tweets critical of Israel; and CCR v. DOD, seeking U.S. government records under the Freedom of Information Act (FOIA) regarding Israel’s 2010 attack on the flotilla to Gaza. She works closely with Palestine Legal to support students and others whose speech is being suppressed for their Palestine advocacy around the country. She also works on the Right to Heal initiative with Iraqi civil society and Iraq Veterans seeking accountability for the lasting health effects of the Iraq war.

Guest – Anan Swaminathan– joined Loevy & Loevy in 2010. Anand has worked on a broad range of constitutional and civil rights cases, and has worked extensively on False Claims Act litigation, where he has represented whistleblowers alleging defense/military and other government contractor fraud, bid-rigging, Medicare and Medicaid fraud, construction/contractor (MBE/DBE) fraud, and tax fraud. Anand has also represented whistleblowers in financial fraud cases under the Dodd-Frank financial reform bill, and in complex fraud cases under other federal and state statutes.

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CIW Farmworkers Protest Wendy’s Board Chairman Nelson Peltz

We caught up with the Coalition of Immokalee Workers protest in front of the Wendy’s fast food restaurant in midtown Manhattan and spoke with Gerardo Reyes Chávez. Gerardo has worked in the fields since age 11, first as a peasant farmer in Zacatecas, Mexico, and then in the fields of Florida picking oranges, tomatoes, and watermelons. He joined the Coalition of Immokalee Workers, a Florida-based human rights organization, shortly after his arrival in the United States in 2000, when his fellow farm worker roommates, who had previously escaped a violent slavery operation hidden in the swamp south of Immokalee, Florida, invited him to come to the CIW’s Wednesday evening community meetings.

We also spoke with a Rabbi Raphael Kohntraster with T’ruah, a major Jewish ally of the Coalition of Immokalee Workers, inspiring Jewish communities around the country to join and support the human rights of farmworkers and call on grocery stores and restaurant chains to sign onto the Fair Food Program.

(photo credit: Jake Ratner)

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Law and Disorder November 16, 2015

Updates:

  • University of Illinois Reaches Tentative Settlement With Professor Steven Salaita

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Wedlocked: Law Professor Katherine Franke

While the movement for marriage equality by the LGBT rights community has been a leading civil rights issue of the 21st century, it’s not the first movement seeking the right to marry. Slaves who were freed in the 1860s also organized for, and ultimately won, the right to marry at the end of the Civil War. As Professor Katherine Franke argues in her new book, WEDLOCKED: The Perils of Marriage Equality: How African Americans and Gays Mistakenly Thought the Right to Marry Would Set Them Free, tying the definition of free and equal citizenship so intimately to the institution of marriage presents its own set of problems.

In Wedlocked, Professor Franke meticulously compares firsthand accounts of African Americans’ struggle for freedom and civil rights with lessons for today’s marriage equality movement. This association offers two lessons: first, be careful what you wish for, as the backlash against new rights holders may set back the larger cause for equality; and second, the two movements for marriage rights may help expose the differences between racism and homophobia.

Guest – Professor Katherine Franke is the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School, where she directs the Center for Gender and Sexuality Law. She is among the nation’s leading scholars in the area of feminism, sexuality and race.

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Remembering Attorney Liz Fink

Civil rights and criminal defense attorney Liz Fink was remembered last week at the Union Theological Seminary in New York City.  She was best remembered for the work she began as a young woman when prisoners rioted and took over a part of Attica Prison in 1971. Liz got involved when Senator Nelson Rockefeller, who was running for president and didn’t want anything unseemly to happen in his state, ordered the retaking of the Attica Prison. Forty-three people were killed including a number of prison guards.

Liz Fink was on the defense team for those charged with crimes and then she brought an offensive civil suit against Rockefeller and the other state and prison officials who were responsible for these murders. Three decades later the suit was settled for $12 million. Liz Fink was also a long time member of the National Lawyers Guild. We hear selected speeches from the event remembering Attorney Liz Fink.

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