Law and Disorder September 18, 2023

Editorial By Attorney Heidi Boghosian: Facebook’s Duty to Protect WhatsApp

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FBI Evidence Demonstrates Saudi Arabia’s Involvement in September 11 Attacks

The events on September 11, 2001 were a crushing blow to democracy and the rule of law in our country. The attacks paved the way for two illegal wars, first the American war against Afghanistan and then Iraq. It open the way for the national security state to develop expansively and implement a vast surveillance program on American citizens.

The attack on the World Trade Center and on the Pentagon happened 20 years ago and in retrospect was a turning point in American history. Law And Disorder Radio was launched three years after that event. Our mission was to defend both democracy and the rule of law.

The attacks were a crime against humanity. But instead of treating them as a crime it was turned into an occasion to launch aggressive and illegal wars. The Nuremberg trials against the Nazis who started World War II defined aggressive war as the ultimate crime because it held within it all lesser crimes.

In our show today we examine the new evidence on who was responsible for the attacks on September 11, 2001. The new evidence is a six year old FBI report released on President Biden’s order last month. Biden was told by the families of the victims of 9/11 that unless this report was released he was not welcome at any of the memorial services.

The FBI report demonstrates the complicity of the government of Saudi Arabia in the attacks. It was two Saudi Arabian government officials that helped the first two hijackers when they came to America. They were given money and help to get into flight school. They then hijacked American Airlines plane and flew it into. Senator Bob Graham was the head of the Intelligence Committee that investigated what happened on September 11th, 2001. Whistle blower Thomas Drake was a top official at the National Security Agency.

Guest – Paul Jay is the editor of the blog the theanalysis.news. We will discuss with him the kind of movement that is needed to reverse the nuclear arms race as well as to bring about a democratic organization of the economy.

Hosted by attorneys Heidi Boghosian and Marjorie Cohn

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Law and Disorder July 10, 2023

How Affirmative Action Programs In Colleges and Universities Were Overturned

On June 28, the Supreme Court made front page headlines for gutting race-based affirmative action in colleges and universities. The decision rejected race-conscious admissions at Harvard College and the University of North Carolina. The Court’s conservative supermajority ruled in favor of Students for Fair Admissions, a nonprofit founded in 2014, that sued Harvard and the University of North Carolina over their admissions programs. The group, headed by right-wing activist Edward Blum, alleged that the programs violated Title VI of the Civil Rights Act of 1964 by discriminating against Asian American applicants in favor of white applicants.

Paving the way for overturning 40-years of legal precedent was one group that we’ve covered for years on Law and Disorder: The Federalist Society for Law and Public Policy Studies. This conservative, libertarian organization advocates for a textualist and originalist interpretation of the U.S. Constitution. Over several decades, until recently working under the radar, the Federalist Society has dramatically altered the legal landscape in this country.

Guest – civil rights attorney Michael Avery, co-author with Danielle McLaughlin of the 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, and a recent article in Truthout co-authored with Prof. Mark Brodin on the Federalist Society’s attacks on affirmative action. Professor Emeritus at Suffolk University Law School, Michael was president of the National Lawyers Guild and served as president of the board of the National Police Accountability Project.

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Here’s What “Moore v. Harper” Means for Voting Rights Going Forward

On June 27, the U.S. Supreme Court decided a case that protected voting rights from an obscure theory that could have eliminated the right of state courts to review new voting provisions enacted by state legislatures.

In Moore v. Harper, a 6-member majority of the high court rejected the “independent state legislature” doctrine. Conservative legislators in North Carolina had sought to maintain an extreme gerrymandered congressional map they had drawn that favored Republicans.

Although Chief Justice John Roberts has a track record of decisions that weakened the right to vote, he wrote the Court’s opinion in Moore, as well as in Allen v. Milligan on June 8, both of which strengthen voting rights.

Guest – Marjorie Cohn  wrote the article titled, Here’s What “Moore v. Harper” Means for Voting Rights Going Forward, that was published by Truthout. Marjorie is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the Bureau of the International Association of Democratic Lawyers. She is also on the advisory boards of Veterans for Peace, Assange Defense, and the American Association of Jurists. She writes frequent articles and provides commentary about legal and political issues. Marjorie’s most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.

Hosted by attorneys Heidi Boghosian and Marjorie Cohn

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Law and Disorder May 29, 2023

The Nakba Didn’t End in 1948, It Continues to Impact Palestinians Daily

On May 15, Palestinians marked the 75th anniversary of al-Nakba, which means “the catastrophe” in Arabic. On that date in 1948, Israelis ethnically cleansed nearly 750,000 Palestinians from their lands and destroyed more than 500 Palestinian towns and villages. In addition, on May 15, for the first time ever, the UN General Assembly officially condemned the Nakba.

May 15 was also the day that Israel and Palestinian Islamic Jihad agreed to a ceasefire brokered by Egypt to stop the violence that resulted in the deaths of 33 Palestinians and 2 Israelis. The Israeli assault on Gaza was the sixth such attack since 2007, when Israel imposed a permanent siege on Gaza, controlling the ingress and egress of Palestinians.

Israel maintains an illegal occupation of Palestinian territory. And the United States enables this occupation by providing $3.8 billion in military aid to Israel each year.

Guest – Michel Moushabeck, is a Palestinian American writer, editor, translator and musician. He is the founder and publisher of Interlink Publishing, a 36-year-old, Massachusetts-based, independent publishing house. Michel wrote the article titled, “The Nakba Didn’t End in 1948, It Continues to Impact Palestinians Daily,” which was recently published by Truthout.

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Junior ROTC In High Schools: Pressure To Join

On her first day of high school, Andreya Thomas and several other freshmen at Detroit’s Pershing High School learned they were enrolled in a class called J.R.O.T.C., or Junior Reserve Officers’ Training Corps. School administrators told them the program was mandatory.

Funded by the U.S. military, the program required students to wear military uniforms in class, recite patriotic declarations, and obey orders from an instructor who often yelled at them. When several tried to drop the class, school officials refused permission, even though the Pentagon says that requiring students to take the programs runs counter to its guidelines. The New York Times recently learned that thousands of public-school students were enrolled in J.R.O.T.C. either as a requirement or through automatic enrollment. Most of the schools with high enrollment numbers were attended largely by nonwhite students and those from low-income households.

Critics of Junior ROTC say that the program’s militaristic discipline prioritizes obedience over independence and critical thinking. And as we reported earlier on Law and Disorder, and now noted by the Times, the program’s textbooks often rewrite or downplay the failings of the U.S. government. With its concentration in schools with low-income and nonwhite students, some claim J.R.O.T.C. encourages students to enlist in the military rather than explore other routes to college or jobs in the civilian economy.

Guest – Rick Jahnkow works for two San Diego-based anti-militarist organizations, the Project on Youth and Non-Military Opportunities, or YANO, and the Committee Opposed to Militarism and the Draft. We spoke earlier with Rick about YANO’s J.R.O.T.C. textbook review project.

Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz

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Law and Disorder May 1, 2023

Biden Hypocritically Slams Arrest of US Journalist in Russia But Pursues Assange

May 3rd marks the 30th anniversary of World Press Freedom Day, established by the UN to remind governments about the necessity to respect their commitment to freedom of the press.

The Biden administration touts press freedom but continues the Trump administration’s efforts to extradite Julian Assange from the UK to the United States for trial on Espionage Act charges that could lead to 175 years in prison. Assange is being prosecuted for obtaining and publishing classified military and diplomatic documents evidencing US war crimes in Iraq and Afghanistan. He is the first publisher to be charged under the Espionage Act for revealing state secrets.

The Biden administration hypocritically criticizes Russia for arresting Evan Gershkovich, a US journalist, for espionage while trying to extradite and try Assange, who is an Australian citizen. Both men are journalists detained in a foreign country on espionage charges for doing what journalists do.

Julian Assange Fact Sheet: Why Julian Must Be Freed

Guest – Marjorie Cohn is a member of the national advisory board of Assange Defense. She is professor emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. Her new article about Assange and Gershkovich was just published by Truthout.

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Citizen Spies: The Long Rise of America’s Surveillance Society

The U.S. Department of Homeland Security’s program “If You See Something, Say Something,” launched in 2010, urges citizens to be aware of and to report, potential threats. Examples of suspicious activity include unattended packages or baggage; circumstances that appear out of the ordinary, like an open door that is usually closed; a person asking for detailed information about a building’s layout or purpose, and changes in security protocol or shifts. Also of concern is any person seen loitering around a building, writing notes, sketches, and taking photographs or measurements.

The DHS website is careful to note that, “Factors such as race, ethnicity, and/or religious affiliation are not suspicious.” Yet as listeners know, incidents of ethnic profiling are many, including one in which a Southwest Airlines passenger was taken off a flight for speaking Arabic.

The history of citizen spying and reporting on others is not new in this country. And the “See Something” campaign isn’t the only civilian spying program around. Many jurisdictions have Neighborhood Watch programs. The U.S. Department of Justice’s National Neighborhood Watch initiative enlists community members to assist crime prevention and to prepare neighborhoods for disasters and emergency response.

Guest – Joshua Reeves author of Citizen Spies, The Long Rise of America’s Surveillance Society . He is associate professor of New Media Communications and Speech Communication at Oregon State University, where he’s also a fellow in their Center for the Humanities. An associate editor of the journal Surveillance and Society, he’s also written the just-released book, Killer Apps: War, Media, Machine.

Hosted by attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz

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Law and Disorder January 23, 2023

 

The Supreme Court Is About To Eviscerate The Right To Strike

Sixty-four years ago, workers and unions gained protection from state lawsuits while pursuing unfair labor practice claims with the federal National Labor Relations Board (NLRB). On January 10, the Supreme Court heard oral arguments in a case that threatens to unravel those protections. A company called Glacier Northwest is suing the International Brotherhood of Teamsters Local Union No. 174, after 85 truck drivers walked off the job. If the high Court rules in favor of Glacier, unions will have to defend against costly lawsuits. And that will likely discourage them from going on strike. A Court decision is expected by the end of June.

Seventy-one percent of the U.S. public supports labor unions. That’s the highest number since 1965. And with an increase in economic inequality, union strikes are on the uptick.

Founded in 1903, the International Brotherhood of Teamsters represents 1.2 million workers in the U.S., Canada, and Puerto Rico. Teamsters President Sean O’Brien remarked that: “Workers in America have the fundamental right to strike, and American workers have died on picket lines to protect it.” In recent years, however, the ultra-right-wing Supreme Court majority has issued decisions systematically eroding these rights.

Guest – Attorney Marjorie Cohn is a legal and political analyst who provides commentary on local, national and international media. She is professor emerita at Thomas Jefferson School of Law, a member of the bureau of the International Association of Democratic Lawyers and the board of Veterans for Peace. Her most recent book is “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.” Marjorie Cohn at Truthout

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Free Range Kids

You may have heard about the shaming of parents who let their son or daughter walk to school by themselves, or ride public transportation alone. They’re often ridiculed on social media and cast as neglectful. But in some instances, the consequences have gone beyond public shaming.

In 2015 parents in Silver Spring, Maryland made national headlines they were investigated for child neglect for letting their children, ages 6 and 10, walk home from a park by themselves.

In another case Lenore Skenazy, a former New York Daily News columnist was called America’s worst mom after writing a column in 2008 about why she let her 9-year-old son ride the subway by himself.

Last year, Utah passed a law making it not a crime for parents to let their children play in a park without supervision or walk home alone from school. This is hopeful news for our guest Lenore Skenazy who has been advocating for so-called free range parenting laws for many years.

Under the law, neglect does not include allowing a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities such as going to and from school by walking, running or bicycling, going to nearby stores or recreational facilities and playing outside.

A recent U.S. Census showed that 7 million of the nation’s 38 million children between the ages of 5 and 14 are left home alone on a regular basis, while the average time spent alone is six hours per week. Only a few states legislate an age under which kids may not be home alone.

Guest – Lenore Skenazy – New York City columnist-turned-reality TV show host got that title after letting her 9-year-old son take the subway, alone. In response to the enormous media blowback, she founded the book and blog, “Free-Range Kids,” which launched the anti-helicopter parenting movement. She has lectured internationally, including talks at Microsoft Headquarters and the Sydney Opera House, and has written for everyone from The Wall Street Journal to Mad Magazine. Yep. The Mad Magazine. And she’s a graduate of Yale.

Hosted by attorneys Heidi Boghosian and Marjorie Cohn

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