CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, FBI Intrusion, Green Scare, Habeas Corpus, Human Rights, Political Prisoner, Prison Industry, Supreme Court, Targeting Muslims, Truth to Power
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Updates:
- Chile: 40 Years Later Eight Former Army Lieutenants Charged in the Killing of Communist Performer/Songwriter Victor Jara.
- Heidi Boghosian and Johanna Fernandez Visit Mumia Abu-Jamal During Holidays
- Death Penalty States In The United States Update
- Jeremy Hammond’s Judge Refuses To Recuse Herself : Contrary to what has been reported on Democracy Now and Law and Disorder, a motion has been filed (not ruled) for the judge to recuse herself.
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FBI Considers The Occupy Movement A Terrorist Threat: The State of Civil Rights and Public Policy
A few weeks ago the Partnership for Civil Justice Fund released secret documents obtained by Freedom of Information Act requests revealing that the Occupy movement was treated as a terrorist threat by the FBI. This is despite agency acknowledgement that the organizers called for peaceful protests. The documents also show massive resources used to track the Occupy movement, a month prior to the encampment in Zuccotti Park. FBI and counter-terrorism agents in offices across the country, from Anchorage to Jacksonville, to Tampa, Virginia, Milwaukee, Birmingham, Memphis and Denver, coordinated with various local and federal law enforcement, to monitor and collect intelligence on OWS. The documents obtained by the PCJF are heavily redacted and the tip of the ice berg says our guest attorney Mara Verheyden Hilliard. We also talk with Mara about her thoughts on the state of civil rights for the year moving forward.
Attorney Mara Verheyden-Hilliard:
- The Partnership For Civil Justice Fund filed a series of Freedom of Information Act requests with federal agencies, as well as with municipalities and police departments around the country.
- Prior to the FBI materials we have obtained a lot of documents showing the Department of Homeland Security’s involvement as well as local police involvement around the country.
- It doesn’t come as a shock to people that the FBI has continued unabated its historic role as the secret police in the United States, acting against the social justice movement in the US.
- The documents also show us this deep and close partnership the FBI and DHS have with Wall Street, and with the banks and businesses in the United States.
- The documents show the U.S. intelligence agencies and supposedly security agencies really working as the private intelligence arm for private businesses.
- You have the people in the United States rising up in opposition to an economic devastation caused by the banks and by Wall Street and the U.S. government acting in partnership with the banks and Wall Street against those people.
- These documents show for example the FBI was communicating with the New York Stock Exchange in August of 2011, a month before the first tent was set up in Zucotti Park.
- One of the documents we have involves the Domestic Security Alliance Council, where they’re planning on the West Coast port actions of the Occupy movement.
- The DSAC is a government agency that describes itself as a partnership between the FBI, DHS and the private sector. The Lower Manhattan Security Initiative.
- It shows that we’re not looking at something anomalous and aberrational, its pulling back the cloak on what the U.S. government, its intelligence agencies and its “terrorism” authorities is really doing and who its partnering with. It’s against the people of the United States and not for the people of the United States.
- Those people and that movement is then treated by the government as a potential criminal or terrorist threat.
- It helps understand when the government uses the terms of terrorism so broadly and how it uses the authority and the money that it takes from the people of the United States.
- If the FBI had materials that showed criminal activity, they would’ve been delighted to produce some and make those public. That’s not an uncommon action by the FBI given its routine willingness over the years to set people up and announce a big terrorism arrest.
- The sniper reference is a reference in Houston.
- I think it bares pointing out that this FBI, is President Obama’s FBI.
- When the feel the power of the people in the streets, the U.S. intelligence agencies and the local law enforcement agencies go into high gear, because it really is the movement of the people that does cause change.
- At times when it peaks like this, you can really see the truth of their operation.
- It is illegal to use administrative raids for other pretexts.
- We’re appealing both redactions as well as scope of production and scope of search.
Guest – Mara Verheyden-Hilliard, co-chair of the Guild’s national Mass Defense Committee. Co-founder of the Partnership for Civil Justice Fund in Washington, DC, she recently secured $13.7 million for about 700 of the 2000 IMF/World Bank protesters in Becker, et al. v. District of Columbia, et al., while also winning pledges from the District to improve police training about First Amendment issues. She won $8.25 million for approximately 400 class members in Barham, et al. v. Ramsey, et al. (alleging false arrest at the 2002 IMF/World Bank protests). She served as lead counsel in Mills, et al v. District of Columbia (obtaining a ruling that D.C.’s seizure and interrogation police checkpoint program was unconstitutional); in Bolger, et al. v. District of Columbia (involving targeting of political activists and false arrest by law enforcement based on political affiliation); and in National Council of Arab Americans, et al. v. City of New York, et al. (successfully challenging the city’s efforts to discriminatorily restrict mass assembly in Central Park’s Great Lawn stemming from the 2004 RNC protests.)
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Challenging The National Defense Authorization Act of 2012
Last September a federal judge struck down part of the National Defense Authorization Act signed by President Obama that gave the government power to indefinitely detain anyone, anywhere in the world it considers to substantially support or be in associative force with terrorism. This includes US citizens. Judge Katherine Forrest of the Southern District of New York had ruled the indefinite detention provision of the National Defense Authorization Act likely violates the First and Fifth Amendments of U.S. citizens.
Attorney Carl Mayer:
- Some people call it (NDAA) the Homeland Battlefield Act because it treats the United States as a battlefield and allows the military to exercise power over civilians which is antithetical to our democracy and to our 200 years of Constitutional precedence.
- In May of 2012, we after a trial before Katherine Forrest who’s a federal judge in the Southern District of New York we achieved a preliminary injunction. That was then appealed but the appeal would stay pending a trial on a permanent injunction and on September 12, 2012, Judge Forrest issued a permanent injunction against the NDAA.
- The NDAA was stopped between May 16, 2012 and December 12, 2012.
- However, once that happened, the Obama Administration went into overdrive and immediately appealed that to the Second Circuit and asked for a stay of Judge Forrest’s order pending appeal.
- That stay lifted Judge Forrest’s injunction unfortunately the NDAA of 2012 now operates.
- In their papers, the government promised our clients would not be touched under the NDAA and they seemed to imply that no one in their (clients) position would be touched under the NDAA.
- StopNDAA.org
- People can go there and read Judge Forrester’s 112 page opinion and all the documents from the case.
- What’s at stake is the liberty and the right to free speech of all journalists and all activists and indeed any citizen of the United States of America.
- Because the military has never had the power to detain civilians.
- The only exception to that was during World War 2 when Japanese-Americans were interred in prison camps.
- There’s not right to a trial by jury, there’s no right to an attorney. This an authoritarian measure.
- I would venture to guess your hosts and co-hosts are on a list somewhere.
- Chris Hedges for example was a correspondent for several years that covered not only al-Qaeda but 17 other groups that are one the State Department Terrorism List
- He testified that he had a reasonable fear that the NDAA could put him in jeopardy.
- You know as attorneys what’s incredible about this law is there’s no definitional section.
- It doesn’t define what associated forces are. It doesn’t define what substantially supportive means.
- Chris Hedges was detained by the military for leaving the press pool in Iraq.
- Now the NDAA allows these detentions “until the end of hostilities.”
- It really is a heinous statute.
- We lost the stay but we got an expedited appeal.
- The briefing is complete and we’re waiting for an oral argument date.
- The government has two moves, they say whoever brings the suit has no standing, then if it gets past that point they say, sorry the state’s secrets doesn’t allow you to have discovery here.
- Attorney General Holder stated that Americans are entitled to due process but that doesn’t necessarily means judicial process.
- It takes the view that “during war time” that the judiciary has no role to play.
- The NDAA is the culmination of 10 years of anti-civil liberties measures.
Guest – Attorney Carl Mayer runs the Mayer Law Group LLC and is the author of several books including “Shakedown” and “Public Domain, Private Dominion.” Carl Mayer is a former law professor and served as special counsel to the New York State Attorney General.
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Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Extraordinary Rendition, FBI Intrusion, Habeas Corpus, Human Rights, Iraq War, Military Tribunal, Political Prisoner, Prison Industry, RFID, Surveillance, Targeting Muslims, Torture, Truth to Power, War Resister
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Updates:
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Political Prisoner Lynne Stewart – December 2012 Update
Criminal defense attorney, political prisoner and good friend, Lynne Stewart continues to inspire people around her while serving a 10 year sentence at the Federal Medical Center in Fort Worth Texas. As many listeners know, Lynne was convicted on charges related to materially aiding terrorism, related to her representation of Omar Abdel Rahman. Her original 2 year sentence was increased to 10 years after the government pressured the trial judge to reconsider his sentencing decision.
Co-host Michael Smith reads a few paragraphs from a recent letter by Lynne. Lynne Stewart turned 73 this past October, she’s a breast cancer survivor and has recently come out of surgery. She says she’s feeling better and ready to take on the next step in her case.
“I am now beginning my fourth (4th) year of imprisonment. It does not get better and I have to gut check myself regularly to be certain that I am resisting the pervasive institutionalization that takes place. A certain degree of reclusiveness with the help of good books, interesting people to correspond with, writing on topics of public interest, seems to work for me. Of course I still am working with any woman who needs help but I know that my sometimes truth-telling self is not what folks here want to hear. I do try to give folks whatever comfort I can. An old timer here, 18 years in, has begun an initiative to mobilize for prison reform by getting people on the outside to sign off on her well written petition to the White House. She is straight out of the courage and style of the old southern civil rights struggle but has now dedicated herself to this. The demands are modest. I have placed her petition on this, my website. Please sign on.”
Guest – Ralph Poynter, activist and Lynne’s partner. Please write to Lynne Stewart: #53504-054 / Federal Medical Center, Carswell / PO Box 27137 / Ft. Worth, TX 76127
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Michael Ratner Speech On Bradley Manning in Washington DC.
We hear a speech by our own Michael Ratner delivered at the Bradley Manning support event. Michael Ratner, President Emeritus of the Center for Constitutional Rights, who represents WikiLeaks and Julian Assange. Attorney David Coombs also speaks about the case of his client, Bradley Manning. He is preceded by Emma Cape of the Bradley Manning Support Network. The event was held at All Souls Church Unitarian in Washington DC, December 2012.
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Afghanistan War, Civil Liberties, Criminalizing Dissent, Gaza, Guantanamo, Habeas Corpus, Human Rights, Surveillance, Targeting Muslims, War Resister
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Updates:
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Facing The U.S. Prison Problem 2.3 Million Strong
As many listeners may know the United States has incarcerated more people than any other country in the world, and also within the history of humanity. The newly published book titled Facing The U.S. Prison Problem 2.3 Million Strong by Shawn Griffith gives the reader a rare perspective from an ex convict who served a 20 year sentence in some of the harshest conditions. These include being confined to a small cement cell in the late Florida summer without sheets, laying in pools of sweat on a plastic covered mattress. Vindictive prison guards and case workers in the criminal justice system had made life nearly unbearable for Shawn Griffith. His book hopes to inspire movement building among the families of prisoners to develop a non-profit corporation called the Prisoner Family Union.
Shawn Griffith:
- As a youngster, it was a very difficult childhood.
- My parents were very religious, there was a lot of alcohol abuse.
- Early on I went on a truth seeking thing. I also became very rebellious at a young age.
- At 16, I met these people who were crack cocaine addicts. They were the only place I could find to stay off the street. They introduced me to the drug, which I had no knowledge of, how addictive it was.
- Then they told me I had to help them support their habit. They started training me, taking me to homes showing me how to burglarize them, steal cars, a number of things to support our habits.
- When I committed an armed robbery for 100.00 ended up with a 24 year sentenced in which I did 20 years.
- I knew that I had some emotional problems, I started studying psychology for about 4 years. By the age of 23, I attempted to escape initially.
- In Chapter 1, where I explain in detail, some of the sentencing laws that were passed in Florida, those same laws that were passed show decreases in crime rate before the laws were instituted.
- Inmates and their families are by majority below the poverty line. They don’t have a lot of resources to fight back.
- These large groups that influence the correctional system, they are unionized.
- Speakoutpublishing.com
Guest – Shawn Griffith, founder of Speak Out Publishing and has been an institutional teacher of adult basic education for the past sixteen years. He has received many teaching and writing awards from professors and others with whom he has worked, as recently as 2011. He is author of the recently published book Facing The U.S. Prison Problem 2.3 Million Strong
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Professor Francis Boyle: Palestine Observer Status
Now that Palestine has been voted in as a new non member state status within the United Nations, Palestinian leaders can join the International Court of Justice and the International Criminal Court and challenge Israel’s violations of international law. We talk with Professor Francis Boyle, the leading expert in international about his role as a Palestine observer. In his book Palestine, Palestinians and International Law, Professor Boyle outlines 6 critical points, among them are:
1. “Palestine can join the Rome Statute for the International Criminal Court and file a Complaint with the ICC against the illegal settlements and settlers, who are committing war crimes;
2. “Palestine can join the Statute for the International Court of Justice, sue Israel at the World Court, and break the illegal siege of Gaza;
3. “Palestine can join the Law of the Sea Convention and get its fair share of the enormous gas fields lying off the coast of Gaza, thus becoming economically self-sufficient;
4. “Palestine can become a High Contracting Party to the Four Geneva Conventions [this deals with the laws of war];
5. “Palestine can join the International Civil Aviation Organization and gain sovereign, legal control over its own airspace;
6. “Palestine can join the International Telecommunications Union and gain sovereign legal control over its own airwaves, phone lines, bandwidths.”
Professor Boyle is the author of many books including Palestine, Palestinians and International Law, The Palestinian Right of Return Under International Law, and United Ireland, Human Rights and International Law.
Professor Francis Boyle:
- The negotiations between Israelis and the Palestinians broke off because Israel continued to build settlements. The Palestinians took the position that well, we’re negotiating over a pizza while you eat it.
- I went back with them with a proposal longstanding with President Arafat, that we apply for membership in the United Nations organization.
- That was approved by the PLO executive committee. The Obama Administration bottled the application up in the UN Security Council.
- The mainstream news media has it wrong, Obama can exercise over their admission if they want to, but under the Uniting For Peace Procedure, they can turn it over to the General Assembly where Palestine can be admitted as a full fledged state by a 2/3 vote.
- They took an intermediate step last Spring, the PLO executive committee that serves as the provisional government for the state of Palestine created by the 1988 Declaration of Independence, voted to apply for UN observer status.
- Look at what Switzerland did from the founding of the United Nations to about 10 years ago as a UN observer state. Palestine can now if it wishes join pretty much every international organization in the world and treaties.
- They can simply use the Swiss model, join the International Criminal Court, join the International Court of Justice, join the Law of the Sea convention, join the International Civic Aviation Convention.
- We already filed a complaint with the ICC after Operation Cast Lead.
- If you follow the Israeli press they’re deathly afraid of prosecution by the ICC.
- The step we saw last week, took two years in the making. The Palestinians had to go all over the world to line up that support.
- It’s been my advice, we go after the settlements now – what they do is up to them (PLO)
- The second legal step is to sue Israel at the International Court of Justice at the Hague. The so called World Court of the United Nations system.
- I’ve offered to do that work for them and try to break that genocidal siege of Gaza.
- You or I aren’t going to decide this.
- We have to stand back and support the Palestinians and let them decide what they’re going to do.
Guest – Professor Francis Boyle, leading American expert in international law. He was responsible for drafting the Biological Weapons Anti-Terrorism Act of 1989, the American implementing legislation for the 1972 Biological Weapons Convention. He served on the Board of Directors of Amnesty International (1988-1992), and represented Bosnia-Herzegovina at the World Court. He served as legal adviser to the Palestinian Delegation to the Middle East peace negotiations from 1991 to 1993.
In 2007, he delivered the Bertrand Russell Peace Lectures. Professor Boyle teaches international law at the University of Illinois, Champaign and is author of, inter alia, The Future of International Law and American Foreign Policy, Foundations of World Order, The Criminality of Nuclear Deterrence, Palestine, Palestinians and International Law, Destroying World Order, Biowarfare and Terrorism, Tackling America’s Toughest Problems, and The Tamil Genocide by Sri Lanka. He holds a Doctor of Law Magna Cum Laude as well as a Ph.D. in Political Science, both from Harvard University.
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Civil Liberties, Criminalizing Dissent, Gaza, Human Rights, Political Prisoner, Surveillance, Targeting Muslims, War Resister
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Michael Ratner and Michael Smith discuss Jeremy Hammond Court Case
- Jeremy Hammond is charged with hacking into the computer system of intelligence firm Strategic Forecasting Inc.
- Hammond is one of five charged with conspiracy to commit computer hacking and other charges
- Michael Smith and Michael Ratner visited him in prison.
- November 20, 2012 – Michael Ratner and Michael Smith go to federal court – Jeremy Hammond’s case.
- Defense Council, Liz Fink, Margie Ratner Kunstler, Sarah Kunstler and a couple of other people were at the table.
- Emily Kunstler was there as a paralegal.
- Jeremy came into the room, he looked very good – in a blue jumpsuit.
- Then the hearing happened, an hour and a half on getting bail. It’s up to the government to prove why shouldn’t this person be out on bail. You haven’t been convicted of anything so you should be out on the street.
- The government has to prove you will abscond, not come back to trial. The other thing they have is the burden of proof on is that you’re a danger to the community. Michael Smith offered a spare room for Jeremy Hammond to stay.
- It was a hostile hearing and the judge reads her decision denying bail. It was obvious it was prepared way in advance.
- Jeremy’s lawyer Liz Fink: He’s got to be free (on bail) in order for us to work together to prepare his defense.
- Factor 1: Is he going to flee if he gets out on bail? Factor 2: He flaunts legal authority.
- Liz Fink said to the judge, he doesn’t have a passport and his parents are putting up their home for bail.
- He could get 39.5 years. Freehammond.com
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- Israel and Gaza Bombing Update
- Israel The Third Largest Arms Seller Globally
- Weapons Experimenting In Gaza
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Iyad Burnat, Head of the Popular Committee in Bil’in, Palestine
We hear excerpts of the presentation by Iyad Burnat, head of the Bil’in Popular Committee and a leader in the village’s non-violent popular resistance movement. Since 2005 citizens of Bil’in have held weekly demonstrations against the building of the Israeli separation wall through the community’s agricultural lands, and the steady encroachment of illegal settlements. The demonstrators are joined by Israeli and international peace activists, and have maintained a commitment to non-violent methods of resistance in spite of armed, military opposition that has resulted in many injuries and some deaths.
These demonstrations are the subject of the recent award-winning documentary film 5 Broken Cameras, which was made by Iyad’s brother, Emad Burnat. Iyad was born in Bil’in in September of 1973. He is married and has four children. He became involved in popular resistance as a teenager, and was arrested by the Israeli military for the first time at age 17. He was accused of throwing stones, and imprisoned for two years. Since then he has been arrested and imprisoned by the Israeli military several more times. The event was recorded at Unitarian Church of All Souls in Manhattan.
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JFK and the Unspeakable: Why He Died and Why It Matters by Jim Douglass
JFK, The Unspeakable, is the first book of 3 on the assassinations of the 1960s. Orbis Books has commissioned author James W. Douglass to write about the murders of JFK, Malcolm X and Martin Luther King, and his the third will be on the assassination of Bobby Kennedy. The heart of JFK the Unthinkable, is not how Kennedy was killed or how Kennedy became a threat to the systemic war machine, but why DID Kennedy die? Author James Douglass says Kennedy knew that he would die and had the guts to stand up to the system and take the hit. This narrative was lost for decades, obscured by disinformation about Kennedy’s character and the conspiracy of his assassination. One review summarizes Douglass’s book in this way : JFK’s belated effort to turn America from an armed culture of victory to a member of an international peaceful world was shot down in Texas for a reason.
Jim Douglass:
- John F. Kennedy’s experience in WWII: He was in the South Pacific, he volunteered. He was on that PT boat.
- What happened on that PT boat, is that it got split into two by a Japanese destroyer. He lost brothers and friends at that time. An extraordinary experience being adrift on the ocean warning other PT boats. The experience create a distrust in military authority.
- He said that he wanted to splinter the CIA into a thousand pieces and scatter to the winds.
- As Kennedy said to his friends, “they figured me all wrong.”
- The Unspeakable: the kind of evil and deceit that seems to go beyond the capacity of words to describe. The midst of war and nuclear arms race, the assassinations of Kennedy, Martin Luther King and Malcom X that the term was used.
- JFK’s vision is articulated in the address June 10, 1963, arising from the turnaround of the missile crisis and Bay of Pigs.
- He wanted to move step by step into a disarmed world. Nikita Khrushchev put that speech all over the Soviet Union. The Cuban Missile Crisis is a deeply misunderstood part of our history, because it’s usually portrayed as Kennedy going to war with Nikita Khrushchev and beating him.
- The truth was that Kennedy and Nikita Khrushchev were in over their heads, the US generals wanted nuclear war, because they had more warheads than the Soviets.
- Nikita Khrushchev: We now have a common enemy from those pushing us toward war.
- At that point the Cold War turned upside down because Kennedy and Khruschev became closer to each other than either was toward their own military power system.
- Vietnam: Kennedy’s military people would not give him an exit policy. He signed the withdrawal order from Vietnam before he was assassinated.
- His friends said that he had an obsession with death. It was not an obsession but a real assessment that he was going to die. If you try to turn around a national security state that is dominating the world,
- and you do so as president of the United States, of course you’re going to die. Kennedy knew that.
- The book is a story on the deliberate destruction of hope, the vision of change, a turning of this country all of which was happening and had to be stopped. US Agencies killed Dr. Martin Luther King – 1999 Verdict
- We’re in the same scene right now with Petraeus and McChrystal setting up Obama. They were dictating terms to Obama, unlike Kennedy, he did not face them down.
- We need to get out ahead of Obama so that he can do something.
Guest -author, James W. Douglass. He’s a longtime peace activist and writer. James and his wife Shelley are co-founders of the Ground Zero Center for Nonviolent Action in Poulsbo, Washington, and Mary’s House, a Catholic Worker house of hospitality in Birmingham, Alabama.
Afghanistan War, CIA Sponsored Terror, Civil Liberties, Criminalizing Dissent, Gaza, Habeas Corpus, Human Rights, Military Tribunal, Political Prisoner, Surveillance, Targeting Muslims, War Resister
Podcast: Play in new window | Download
Updates:
- Jeremy Hammond Case Update: Currently In MCA
- Julian Assange Update: Ecuador Embassy, London
- Bradley Manning Hearing at Fort Meade – November 27-December 22
- National Security State Eats Its Own? General Petraeus Scandal Analysis
- Israel Bombing Gaza: Operation Pillar of Cloud. Timeline
- CCR Files Complaint Against the UN Committee Against Torture: Canada Directly Violates Convention Against Torture
- UN Vote On Cuba Embargo: Israel Is Among Major Investors In Cuba
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National Lawyers Guild 75 Years
Hundreds of National Lawyers Guild members and allies gathered to celebrate the organization’s 75th anniversary at the Law for the People convention in Pasadena, California. We hear excerpts from speeches from the National Lawyers Guild Convention by Attorney Jim Lafferty The 2012 Law for the People Award was given to Jim Lafferty.
Scholar and activist Angela Davis delivered the keynote address and among the convention honorees will be Margaret Burnham, a professor of civil rights law who, as a young lawyer, helped secure Davis’s 1972 acquittal on high-profile charges.
Founded in 1937, the National Lawyers Guild is the oldest and largest public interest/human rights bar association in the United States. Its headquarters are in New York City and it has members in every state.
Jim Lafferty, Executive director of the National Lawyers Guild in Los Angeles and host of The Lawyers Guild Show on Pacifica’s KPFK 90. 7 FM.
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