Two Very Important Supreme Court Decisions

When does the government cross the line from using its highly visible bully pulpit to advocate for policies and principles it has every right to promote into the prohibited zone of threatening to use its awesome powers to punish viewpoints it opposes by coercing others to refrain from doing business with the speaker.

In two very important recent decisions, the U.S. Supreme Court was asked to decide whether it is still the law of the land that a government entity’s “threat of invoking legal sanctions and other means of coercion” against a third party “to achieve the suppression” of disfavored speech violates the First Amendment.

In National Rifle Association v. Vullo, in a rare unanimous opinion written by Justice Sonia Sotomayor, the Court held that “Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”

But the decision in the related case of Murthy v. Missouri, was not unanimous. In that case a federal district judge had ruled that the U.S. Surgeon General (Vivek Murthy) and other government officials violated the First Amendment by seeking to convince social media platforms to remove content the government deemed disinformation about COVID, the 2020 election and other subjects.

But on June 26, the Court punted. A 6 member majority – made up of both conservatives and liberals – held that the plaintiffs did not have standing. In dissent, three conservative justices said they would have found standing and on the merits they would have found a First Amendment violation.

Guest – Attorney David Cole argued the NRA case in the Supreme Court. He’s been the National Legal Director of the American Civil Liberties Union (ACLU) since 2016. He previously served as a staff attorney for the Center for Constitutional Rights. He has litigated a wide array of major civil liberties controversies and has personally argued 8 cases before the US Supreme Court and served as counsel in more than 30.

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Abolition Labor: The Fight To End Prison Slavery

Operating in the secrecy of the nation’s more than 1,800 prisons, a kind of shadow slave culture is being fostered. Few Americans are aware of the exploitative and pervasive practice of forced prison labor. The 13th amendment to the US Constitution abolished slavery, but it made one exception: prison labor.

Prisoners are forced to work with minimal or non-existent wages, and often with no labor protections. Understanding the scope and implications of forced prison labor is crucial for anyone concerned with social justice and equity. It calls for a re-examination of our treatment of incarcerated persons and for alternatives that promote fairness for everyone, regardless of their legal status. By shining a light on this issue, we can advocate for reforms that prioritize rehabilitation over punishment and strive towards a more just and humane criminal justice system. A new book, Abolition Labor: The Fight To End Prison Slavery, provides an eye-opening overview of the extent of this problem.

Guest – Andrew Ross is a renowned social activist, author, and Professor of Social and Cultural Analysis at New York University, where he also directs the Prison Research Lab. Andrew has contributed to prominent publications like The Guardian, The New York Times, and The Nation. He has authored or edited over twenty-five books, with the recent work, Abolition Labor,  co-authored with Aiyuba Thomas and Tommaso Bardelli.

Guest – Aiyuba Thomas recently earned his M.A. from NYU’s Gallatin School of Individualized Study and is an affiliate of the NYU Prison Research Lab. He currently serves as project manager for the Movements Against Mass Incarceration’s archival oral history project at Columbia University. There, he documents the experiences and challenges faced by those affected by the criminal justice system. His firsthand perspective and his extensive knowledge on the subject makes him a powerful voice in the conversation of abolishing forced prison labor.

Trump v United States

On July 1, the United States Supreme Court handed down one of the most important decisions in the history of our democracy. In the aptly named case of Trump verses United States, the six arch conservative justices awarded the ex-president – who appointed three of them – a vast and complex criminal immunity scheme.

In three ways the majority delivered Trump a tailor made “Stay-Out-of-Jail” trifecta of expanded constitutional protections for Presidents: First, absolute immunity for crimes committed when a President engages in “core” official acts and a near-conclusive presumption of immunity for other official acts; Second, a brand new rule of criminal procedure making a President’s motives irrelevant; and Third, another new rule excluding evidence of a President’s official acts from a criminal trial for his unofficial acts, which prosecutors offer to prove the ex-president’s prior knowledge and intent.

To help us understand exactly what the Court did and its impact not only on the 91 felony charges currently pending against Trump, but the future of the American presidency and our very democracy, we’ve ask one of our very own co-hosts.

Guest – Stephen Rohde practiced constitutional law for almost 50 years. He’s the author of American Words of Freedom, which examines the Declaration of Independence, the Constitution, and the Bill of Rights. On issues of civil rights, civil liberties and the Americal political system, he is a regular contributor to Truthdig, LA Progressive, Los Angeles Review of Books, and LA Lawyer magazine. This Fall on Ms. Media, he is launching Speaking Freely: A First Amendment Podcast with Stephen Rohde.

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The Palestinian Exception To The First Amendment

The resistance organization Palestine Legal, headquartered in Chicago, was created by our own Michael Ratner and others to resist our governments’ practice of what Michael called “the Palestinian exception to the first amendment.“

This exception to the supposedly protected First Amendment activity of speaking out and organizing by Palestinian solidarity activists is carried out by the repression of the US government nationally and locally. It has never been more ferocious than it is now.

However, the mobilization against the Israeli genocide – carried out with total US support – has not been undeterred by peak anti-Palestinian repression. Palestine Legal has been in the vanguard in defending and promoting the rights of people expressing solidarity with the Palestinians in Gaza.

Guest – Dima Khalidi, founder and Director of Palestine Legal. Her work includes providing legal advice to activists, engaging in advocacy to protect their rights to speak out for Palestinian rights, and educating activists and the public about the repression of Palestine advocates. Prior to founding Palestine Legal in 2012, Dima worked with the Center for Constitutional Rights as a cooperating attorney on the Mamilla Cemetery Campaign, submitting a Petition to United Nations officials to stop the desecration of an ancient Muslim cemetery in Jerusalem, and advocating on behalf of Palestinian descendants of individuals interred in the cemetery.

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Religious Nationalism and Separation of Church and State

The separation between church and state is a key component of our democracy, ensuring that freedom of belief is a right for all, not a privilege for some. The First Amendment’s establishment clause, “Congress shall make no law respecting an establishment of religion,” has been understood to prohibit the government from establishing an official religion or favoring one religion over others. This interpretation aims to ensure that the government remains neutral in religious matters and does not interfere with or support religious activities, thus maintaining a clear separation between religious institutions and government functions. Despite this, recent rulings by the right-leaning Supreme Court blur the lines between church and state and threaten to undermine this doctrine.

The rise of white Christian nationalism contributes to the degradation of the principle of separation of church and state. This movement reflects broader cultural and demographic trends and exerts significant influence on policy, public discourse, and grassroots movements. Addressing this issue involves understanding the underlying causes and promoting policies that uphold the constitutional commitment to religious neutrality and freedom.

Guest – Attorney Andrew Seidel, is the Vice President for Communications at Americans United for Separation of Church and State, an organization that challenges threats to the First Amendment. He is also the author of two acclaimed books: The Founding Myth: Why Christian Nationalism Is Un-American and American Crusade: How the Supreme Court is weaponizing Religious Freedom.

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Bend The Arc: Jewish Action

Hamas’ brutal attack on Israel on October 7 and Israel’s deadly and sustained military assault on Gaza have had significant consequences in the United States affecting the presidential election and triggering protests and counter-protests at hundreds of college campuses across the country.

It has also presented a serious test for progressive Jews and progressive Jewish organizations in the United States. One of those organizations is Bend the Arc which describes itself as “building a multiracial, multi-ethnic, inter-generational movement of Jews and allies all across the country who are rising up to build an American future free from white supremacy, antisemitism, and racism.” The Bend the Arc family of organizations includes a C3, C4 and a PAC, and in the past, I served as national chair of Bend the Arc’s C3 board and am currently active in its work in the California Chapter.

Until now, Bend the Arc had a strong boundary around working only on domestic economic and racial justice issues.  But that all changed on June 4. On that day, Jamie Beran, CEO of Bend the Arc , sent a letter to President Biden. The letter welcomed Biden’s support for a permanent ceasefire plan in Gaza, but quickly added that, “Time and time again, despite your calls to end this violence, you have not followed through with material action. With over one million Palestinian refugees now being forced to flee Rafah, their last guaranteed refuge, thousands of lives lost, and families of captives being fined in Israel for demanding a ceasefire, it is long past time to end U.S. support for these attacks. Now is the moment to make good on your promise to stop providing offensive weapons to the Israeli military.”

Guest – Jamie Beran, is a leader in the Jewish social justice space. Jamie has built justice organizations that embody their values inside and out. She has held many roles at Bend the Arc in her 15-year tenure, including 9 years of executive leadership, most recently as Chief Operating Officer prior to becoming CEO. Prior to joining Bend the Arc, Jamie was the Leadership Development Director for Habonim Dror North America. Jamie holds a BA from Goucher College and is an alumna of UJA Federation’s and Columbia Business School’s Institute for Jewish Executive Leadership. Jamie lives in Central New Jersey with her husband and two children.

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Ralph Nader On Continuing War In Gaza

The American supported Israeli war against the 2.3 million Palestinians living in Gaza continues on since last October. The area, the size of Philadelphia, has been partially obliterated by American fighter planes, bombs, tanks, artillery shells, and bullets.

The number of dead Palestinians is at least 186,000 according to a recent article in the prestigious British medical journal The Lancet.

Israeli Prime Minister Benjamin Netanyahu recently left Washington DC where he came to solidify support in our Congress. It was his fourth visit. Biden’s support for the genocide has been vigorously challenged by Kamala Harris, his choice to replace him. Her election is doubtful. Donald Trump has vowed to “finish the job.”

Guest – Ralph Nader, in a recent article wrote that the number the number of dead is higher than the 39 thousand figure set by Israel, America, and Hamas. Ralph Nader is an attorney, a significant figure in American politics, and a four-time presidential candidate in parties independent to the Republicans and Democrats. Ralph Nader one of the nation’s most effective and well-known social critics. He has raised public awareness and increased government and corporate accountability. As a young lawyer in 1965 he made headlines with his book Unsafe at Any Speed, leading to congressional hearings and passage of a series of life-saving auto safety laws in 1966. His example has inspired a generation of consumer advocates, citizen activists and public interest attorneys. Full biography.

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Humanitarian Emergency In Gaza

As of June 19, 2024, 37,396 people had been killed in Gaza according to the Gaza Health Ministry, as reported by the UN Office for the Coordination of Humanitarian Affairs. According to a report in Lancet, that number is likely an underestimate. Furthermore, the UN estimates that, by Feb 29, 2024, 35% of buildings in Gaza had been destroyed, so the number of bodies still buried in the rubble is likely substantial, with estimates of more than 10,000.

Even if the conflict ends immediately, there will continue to be many indirect deaths in the coming months and years from causes such as reproductive, communicable, and non-communicable diseases. The total death toll is expected to be large given the intensity of this conflict; destroyed health-care infrastructure; severe shortages of food, water, and shelter; the population’s inability to flee to safe places; and the loss of funding to UNRWA, one of the very few humanitarian organizations still active in Gaza. Experts believe it is not implausible to estimate that up to 186,000 or even more deaths could be attributable to the current conflict in Gaza.

Human rights groups believe an immediate and urgent ceasefire in Gaza is essential, accompanied by measures to enable the distribution of medical supplies, food, clean water, and other resources for basic human needs.

Guest – Professor David Myers is Distinguished Professor of History at UCLA and holds the Sady and Ludwig Kahn Chair in Jewish History. He serves as the director of the UCLA Luskin Center for History and Policy and he also directs the UCLA Initiative to Study Hate. He is the author or editor of many books in the field of Jewish history, including, with Nomi Stolzenberg, American Shtetl: The Making of Kiryas Joel, a Hasidic Village in Upstate New York published by Princeton University Press in 2022. It was awarded the 2022 National Jewish Book Award in American Jewish studies. From 2018-2023, he served as president of the New Israel Fund.

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The California Criminal Legal System Reconsideration

In recent years, District Attorneys around the country in Los Angeles, Philadelphia, San Francisco, and elsewhere have broken the law and order mold as they look for better ways to address public safety, crime, prosecution, and sentencing in America, including a wholesale reconsideration of the death penalty.

To examine the criminal legal system in the United States, we’ve invited one of the leading progressive prosecutors in America, George Gascon, the District Attorney of Los Angeles County, to join us.

Guest – Attorney George Gascon began his career in law enforcement at the Los Angeles Police Department where he worked his way up the ranks from patrol officer to Assistant Chief of Police, overseeing operations for the more than 9,000 LAPD officers Then, in 2006, he was tapped to be Chief of Police in Mesa, Arizona, where he stood up to the hateful and anti-immigrant policies of then-Maricopa County Sheriff Joe Arpaio. In 2009, then-Mayor Gavin Newsom appointed Gascón to be San Francisco’s Chief of Police. Two years later, Newsom again turned to Gascón to fill a vacancy created when then-District Attorney Kamala Harris was elected California Attorney General. Gascón was re-elected San Francisco District Attorney twice.

He was the first Latino to hold that office, and the nation’s first Police Chief to become District Attorney. On December 7, 2020, he took office as the DA of LA County. He is also a former board member of the Council of State Governments Justice Center, a graduate of the FBI’s National Executive Institute and a former member of the Harvard University Kennedy School of Government’s Executive Session on Policing and Public Safety.

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Maintaining Innocence Under Threat Of Execution: Bill Clark

We may be witnessing the dying days of the death penalty in the United States. 23 states have ended the use of capital punishment, while it remains on the books in 27 states, yet the number of executions are in decline. The U.S. public sector and political leaders are beginning to understand what abolitionists have always known: The death penalty is a relic of our racist past yet discrimination on the basis of race continues to plague the system. 55.8 percent of those executed are white, but 33.9 percent are Black and 8.4 percent are Latino/a, which is gruesomely out of proportion to the national population. Currently, 42 percent of death row inmates are white but a shameful 41 percent are Black.

Today, on Law and Disorder we are focusing on the state of California, where there are 650 inmates on death row, the largest number in the Western Hemisphere. 13 men have been executed since 1978. The last execution was in 2006. Due to a combination of court rulings and a moratorium imposed by Gov Gavin Newsom in 2019, there have been no executions in California in the last 18 years. Five inmates have been officially found innocent, all of whom were people of color. They join the 200 exonorees nationwide. Despite the moratorium in California, 17 people have still been sentenced to death in California — 80% of whom are Black or Latino.

The California Supreme Court is currently deciding whether to take up a historic petition filed in April by a coalition of civil rights and justice organizations arguing that racial discrimination in the administration of the death penalty in California violates the equal protection guarantee of the state constitution. The petition to the state Supreme Court cites more than a dozen studies showing race discrimination. One looked at more than 55,000 homicide cases in California between 1979 and 2018 and found that Black individuals were more than twice as likely to receive a death sentence as white individuals, while Hispanic individuals were 1.5 times more likely to receive a death sentence. California Attorney General Rob Bonta agreed in his response to the petition that the evidence of racial discrimination in capital punishment is “profoundly disturbing.”

So those are some of the facts which describe the capital punishment system in California and the Nation. But today on Law and Disorder we want to go beyond those raw statistics and take a look at the human cost of the death penalty by talking to someone who has been living under the threat of execution for 33 years. Bill Clark’s Film Project

Guest – Bill Clark joins us by phone from prison in Vacaville, California, where he has been housed since March of this year after his transfer from San Quentin, where he was incarcerated for 26 years. I have known Bill for 24 years. Despite his situation, he is a hopeful, resilient and creative person. He was convicted of two murders in the early 1990s and has steadfastly maintained his innocence as he continues to challenge his convictions and death sentences.

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Healing Divisions Within Jewish Communities Over Israeli War And Destruction

Ever since October 7, the American Jewish community has been deeply divided over how to react to the brutality of what Hamas did that day, the fate of the hostages, Israel’s overwhelming military assault in Gaza, the ensuing humanitarian crisis, the unspeakable death toll suffered by the Palestinians, and the deadly clashes in the West Bank. All of this has spilled over to college campuses across the United States, where pro-Palestinian protestors, including Jews, have been arrested and at UCLA, were attacked by pro-Israel counterprotesters. Many Jews, including family members, can’t talk to each other about any of this. Some observers see a rise in antisemitism, while others complain that political criticism of Israel and its prime minister Benjamin Netanyahu is being conflated with antisemitism, in an effort to silence pro-Palestinian voices.

Guest – Rabbi Sharon Brous is the founding and senior rabbi of IKAR, a leading edge Jewish community based in Los Angeles. She has been named #1 Most Influential Rabbi in the U.S. by Newsweek and The Daily Beast. Rabbi Brous blessed both President Obama and President Biden at their National Inaugural Prayer Services in 2013 and 2021. Her popular 2016 TED Talk is called “Reclaiming Religion.” Her work has been featured in the New York Times, Los Angeles Times and Washington Post. She was featured on the cover of Time magazine, in an issue that examined religious diversity in America.

Rabbi Brous is the author of the national bestselling book The Amen Effect: Ancient Wisdom to Mend our Broken Hearts and World, which we’ll be talking about later in the program. I have know Sharon for almost two decades and I consider her one of the most compassionate people I know with wisdom far beyond her young life.

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Money And Class In America – Remembering Lewis Lapham

On July 23, 2024, Lewis Henry Lapham II passed away in Rome, Italy. A nationally respected journalist and author, of 14 books, Mr. Lapham was also the longtime editor in chief of Harper’s, and then founder and editor of Lapham’s Quarterly, Mr. Lapham offered a critical eye toward US domestic and foreign policies. On January 14, 2019, Michael Smith and I, Heidi Boghosian, interviewed the literary giant after his 1988 book, “Money and Class in America” was republished by OR books. His documentary film, “The American Ruling Class” has become part of the curricula in many of the nation’s schools and colleges. In tribute to Lewis Lapham and his legacy, we’re pleased to rebroadcast a shortened version of our one-hour interview.

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We are especially pleased and honored to spend the hour with our guest Lewis Lapham. After graduating from Yale in 1956 he started out working as a newspaper reporter in San Francisco and then in New York, where he currently lives and works. The editor of Harper’s Magazine for 20 years, Lapham has written 14 books. Currently, he edits “Lapham’s Quarterly.”

Lapham founded the quarterly magazine in an effort to further the consideration of history, which he calls “the advice and counsel of the past.” He sees history as “a guide to understanding and acting on the issues and ideas before us today.”

Major pillars of the rule of law have been defiled since 911. The edifice still stands, the promises remain, but as a nation, we have suffered huge losses. Last spring Lapham’s Quarterly addressed the topic, “The Rule of Law.” His 1988 book “Money and Class In America” was re-published by OR Books last year with a new introduction by Lapham and a forward by Thomas Frank. We speak with him in our studio today about the contradiction between the rule of the monied rich and the rule of law.

Guest – Lewis Lapham is editor and founder of Lapham’s Quarterlysince 2007 and editor of Harper’s Magazinefrom 1975 to 2006, Lewis H. Lapham is a member of the American Society of Magazine Editors Hall of Fame. He is the author of fourteen books, among them Money and Class in America, The Wish for Kings,Waiting for the Barbarians, Theater of War, and Age of Folly. He produced a weekly podcast,The World in Time, for Bloomberg News from 2011 through 2013. His documentary filmThe American Ruling Class has become part of the curriculum in many of the nation’s schools and colleges. A member of the Council on Foreign Relations in New York, Lapham has lectured at Yale, Princeton, Dartmouth, Stanford, the University of Michigan, and the University of Minnesota.

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Separation of Powers And Project 2025

The US Constitution created the three branches of the federal government to serve as a check on one another. In particular, the judiciary was intended to ensure that the actions of the Executive and Legislative branches did not violate the Constitution.

But what happens when the Supreme Court is in the grip of a highly partisan, result-oriented super-majority half of whom were appointed by a President who has been convicted of 34 felonies and faces 57 more felony charges in three different criminal prosecutions, but claims absolute immunity for whatever he did while in office?

And on top of all that, this ex-President – Donald Trump – is a nominee for President of the United States and has promised to “terminate” the Constitution.

Meanwhile, in an almost 1000 page blueprint for the next conservative President titled Project 2025, a group of conservative organizations spearheaded by the Heritage Foundation, has laid out a detailed plan under which the President would acquire almost dictatorial power over the entire federal government.

Guest – Marjorie Cohn is professor of law emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She is also Dean of the People’s Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. She writes frequent articles about the Supreme Court for Truthout.

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Larry Hebert’s Hunger Strike Against US Weapons To Israel

Israel’s deadly and unrelenting assault on Gaza following Hamas’ October 7 attack on Israel has had repercussions around the world. In Gaza itself the death toll is approaching 40,000 and the humanitarian crisis worsens every day. In the United States, as students are headed back to campus, colleges and universities are bracing for a new round of protests and counter protests. Israel’s war in Gaza is dividing the Democratic Party just as Kamala Harris and Tim Walz are seeking to unite their party to stop Donald Trump from returning to the White House. Recent surveys show that 48% of Americans oppose Israel’s military action in Gaza, while 42% support it.

Guest – Larry Hebert [pronounced eh-BEAR], a very unlikely candidate to become an outspoken protestor against US military support for Israel, who would gain nationwide and international attention. Larry Hebert is a 26-year old U.S. Air Force Senior Airman and avionics technician assigned to Naval Station Rota in Spain, having served for 6 years in the military. At 10:00 am on Easter Sunday, March 31, 2024 on Pennsylvania Avenue in front of the White House, Hebert began a hunger strike during an authorized leave from his post. Shortly before his hunger strike, he joined Veterans for Peace, an organization that opposes U.S. military actions.

The organization argues that U.S. weapons shipments to Israel is a violation of U.S. law. In a press release issued by Veterans for Peace, the purpose of Hebert’s hunger strike was described as highlighting “the plight of the starving children of Gaza.” Hebert wore a sign that read, “Active duty airman refuses to eat while Gaza starves,” with a photograph of an emaciated Palestinian infant. Hebert said he was inspired by the self-immolation of 25-year old serviceman Aaron Bushnell, who died on February 25, 2024 outside the Israeli embassy in Washington. Before he died, Bushnell declared he would “no longer be complicit in genocide” in Gaza. Hebert’s hunger strike lasted 9 days but ended abruptly on April 9, when he was ordered to report immediately to Andrews Air Force Base for a return flight to his post in Spain. Hebert is pursuing a release from active duty as a Conscientious Objector.

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Book Banning, Censorship And Freedom Of Speech

Americans have a love-hate relationship with freedom of speech: They love to protect their own free speech and they hate to protect the free speech of those they disagree with. The First Amendment to the US Constitution was intended to protect freedom of speech and freedom of the press, yet throughout American history, governments at all levels have censored speech and tried to muzzle the press.

The anti-censorship group PEN America, in a survey of the 2022-23 school year, found that “freedom to read is under assault in the United States — particularly in public schools — curtailing students’ freedom to explore words, ideas, and books.” Authors whose books are targeted are most frequently female, people of color, and/or LGBTQ+ individuals.

According to the American Library Association, the number of titles targeted for censorship surged 65 percent in 2023 compared to 2022, reaching the highest levels it has ever documented. According to Deborah Caldwell-Stone, director of ALA’s Office for Intellectual Freedom, “Each demand to ban a book is a demand to deny each person’s constitutionally protected right to choose and read books that raise important issues and lift up the voices of those who are often silenced.”

Guest – Robert Corn-Revere is Chief Counsel for the Foundation for Individual Rights and Expression, known as “FIRE.” He has practiced First Amendment law for 40 years. From 1989 to 1994, Corn-Revere served as legal advisor and later chief counsel to the Chairman of the Federal Communications Commission.

Corn-Revere is a prominent writer, thinker, and advocate on free expression issues and is regularly listed as a leading First Amendment and media lawyer by various national publications. He co-authored the three-volume treatise, “Modern Communication Law.” In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. I reviewed “The Mind of the Censor” for Los Angeles Review of Books and called it an “entertaining, enlightening, and timely book.”

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Disappeared: Criminalizing The Unhoused

Late this June, the U.S. Supreme Court ruled that cities can punish people for sleeping in public places. In a 6-3 decision along ideological lines, the Court overturned lower court rulings that held it is cruel and unusual punishment under the Eighth Amendment to penalize people for sleeping outside if they had nowhere else to go. This ruling now allows localities the right to dismantle encampments of tents and cardboard coverings, even when there is no locally available housing or shelter.

Human Rights Watch has condemned this ruling and released a comprehensive report titled, You Have to Move! The Cruel and Ineffective Criminalization of Unhoused People in Los Angeles. The report documents the experiences of persons living on the streets, in vehicles, in temporary shelters, and in parks as they struggle to survive. In Los Angeles alone, tens-of-thousands of people are living in the streets, with death rates among the unhoused population reaching alarming levels. Governor Gavin Newsom, a supporter of the Court’s decision, has urged all local jurisdictions in California to destroy unhoused encampments. Several cities in the state have already begun doing so.

Western Regional Advocacy Project

The lack of housing is a national crisis, and this ruling raises the risk of increased use of such punitive tactics not only in Los Angeles but across the entire country.

Guest – John Raphling, Senior Researcher in the U.S. Program of Human Rights Watch and author of the report we’ve mentioned. Before joining Human Rights Watch, John spent years as a Deputy Public Defender in Los Angeles. He has represented political and community activists targeted for their activism, and homeless people prosecuted for crimes related to their status. John is also a member of the National Lawyers Guild.

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Present Danger Of Fascism In The United States

The rise of Donald Trump and his MAGA supporters has transformed American politics, perhaps more than anything else has since the gathering of forces of the rebellious slave owners in the south, a century and a half ago. His first four years in office were chaotic, uninformed programmatically, and not animated by any kind of cadre of capable administrators. It was, instead, full of his statements and actions that many critics deemed to be racist, sexist and Xenophobic.

He lost the election in 2020, although he received 74 million votes! As he runs for the Presidency again, this time he is talking rather openly about wanting dictatorial authority, if he is elected again.

And this time if he does win, he now has the aid of the right-wing Heritage Foundation, which has produced the 900-page “Project for 2025” document on how to radically change our country so as to make it far, far more conservative, providing far fewer rights to the American people, and allowing any president so inclined, to run the country as an authoritarian, a virtual dictator. He has an authoritarian right wing Supreme Court, which in its latest decision, aptly named “Donald Trump versus the United States of America,” has given the presidency carte blanche immunity, placing the president above the law, allowing the president to do almost anything he or she wants to do, as long as it’s deemed to be “an official presidential act”.

Today’s program is the lead off to a series of shows on fascism, how to resist it, and how to defend against it. I will be conducting this series with my co-host, Michael Smith, who cannot be with us today due to illness.

Guest – Chris Hedges, the journalist and author spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class.

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Guantanamo Bay Prison: 30 Suspects Remain

Once a front-page story, the U.S. prison on Guantanamo Bay is seldom in the news these days or, apparently, on the minds of the American people. But it certainly should be. Because the history and on-going operation of Guantanamo Bay Prison, or “GITMO” as it is often called, exposes the lie behind our claim to be a nation governed by the “rule of law”. Condemned by Human Rights Watch, Amnesty International, and many other such groups, it is a permanent stain on the character of the American people.

Since 2002, at the height of its operation, close to 800 captives from many different Muslim nations were held there under tortuous conditions as “suspects” rather than being classified as “prisoners of war”, which they clearly were, and accorded all of the rights they were entitled to as prisoners of war. The youngest was 13 years old! In fact, 21 of the detainees were children. All of the detainees were subjected to barbaric forms of torture. Some committed suicides. Hundreds were convicted in sham trials and in illegitimate military tribunals. Many, if not most suspects, clearly bore no responsibility for combat operations in the Muslim nations where we were waging war.

Today, about 30 suspects remain in the U.S. prison on Guantanamo Bay. Sixteen are “cleared for release”, but it has not yet been made clear to what country they can be released. Three have not been charged, nor have they been cleared for release. And nobody can reasonably predict when, if ever, they will be freed. And in the latest shameful twist, Defense Secretary Lloyd Austin has now upended a plea deal for the three prisoners accused of plotting the 9/11 attacks. It would have allowed the men to plead guilty and be sentenced to life in prison…and instead, given Austin’s intervention, they will now face the death penalty if they are tried and convicted.

Clearly, GITMO is a consequence of America’s imperialist wars in Muslim countries, wars for those Muslim countries’ oil, and for geopolitical gain. Of course, over the many years of these wars, U.S. presidents have repeatedly claimed that we are not at war with Islam. Well, tell that to the families of the millions of dead and wounded Muslims our bombing and invasion of Iraq and Afghanistan caused; tell it to the thousands of Muslims forbidden to enter America through travel bans; tell it to the countless numbers of Muslim citizens and residents of America, who’ve been discriminated against at work or in public; tell it to the Muslim children attacked on their way to school and called “terrorists;” or, tell it to the Muslim worshipers whose mosques have been infiltrated by government spies.

And…for that matter… tell it, as well, to the Palestinian Muslims. Because America’s desire for Mideast oil is also a big reason why Israel exists in the Middle East. A big reason why the United States has partnered with it in its war on the Palestinian people, and why we’ve sent billions in military aid to Israel over the years to keep Israel secure in its role as our “advanced military force” in the oil rich Middle East.

Guest – Shane Kadidal, a Senior Managing Attorney of the Guantanamo Project, at the famed Center for Constitutional Rights in New York, where he has worked on several significant cases arising in the wake of 9/11, including the Center’s legal challenges to the indefinite detention of men at Guantanamo.

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September 11, 2001: Lessons Learned And Overlooked

It has been 23 years ago this week since the attacks on September 11, 2001 in New York City, the Pentagon, and Shanksville, PA, killing nearly 3,000 people and injuring more than 6,000. On that day, the United States had a choice: The George W Bush administration could have treated the attacks as a violation of US and international law, launched a criminal investigation, and brought the perpetrators to justice in accordance with the rule of law. Instead, President Bush waged endless wars against Afghanistan and Iraq, pushed through Congress the USA Patriot Act, opened the notorious detention center at Guantanamo Bay which remain to this day, rounded up Muslims and South Asians for indefinite detention, initiated a wave of civil liberties and human rights violations, and committed wholesale torture against detainees and others.

To assess the legacy of 9/11 and the lessons learned and the lessons overlooked, we’ve invited someone who was at the center of Bush’s War on Terror. John Kiriakou is a journalist, former CIA counterterrorism officer, former senior investigator for the Senate Foreign Relations Committee, and former counterterrorism consultant for ABC News.

In 2007, Kiriakou blew the whistle on the CIA’s torture program, telling ABC News that the CIA tortured prisoners, that torture was official U.S. government policy, and that the policy had been approved by President George W. Bush. He knew what he was talking about. In 2002, he was responsible for the capture in Pakistan of Abu Zubaydah, then believed to be the third-ranking official in al-Qaeda.

He became the sixth whistleblower indicted by the Obama administration under the Espionage Act of 1917 — a law designed to punish spies. He served 23 months in prison as a result of his revelations.

In 2012, the Ralph Nader family honored Kiriakou with the Joe A. Callaway Award for Civic Courage, an award given to individuals who “advance truth and justice despite the personal risk it creates.” He won the PEN Center USA’s prestigious First Amendment Award in 2015, the first Blueprint International Whistleblowing Prize for Bravery and Integrity in the Public Interest in 2016, and also in 2016 the Sam Adams Award for Integrity in Intelligence, given by retired CIA, FBI, and NSA officers.

Guest – John Kiriakou is the author of eight books, including The Reluctant Spy: My Secret Life in the CIA’s War on Terror; and The CIA Insider’s Guide to the Iran Crisis. I met John in 2017 and we collaborated on companion reviews or the Los Angeles Review of Books of the book with the euphemisitic title Enhanced Interrogation written by James E. Mitchell and Bill Harlow, the architects of the American torture system.

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COP 29 Held In Azerbaijan Dictatorship

This year the UN Climate Conference — known as COP29 — will be hosted by the petrol-dictatorship of Azerbaijan. As COP29 delegates prepare to attend talks in Baku, the international community has a chance to shine a spotlight on Azerbaijan’s abysmal human rights record, notably the blockade and ethnic cleansing of Nagorno-Karabakh’s (Artsakh’s) Armenian population last year, and amid the government’s escalating domestic crackdown on freedom of speech, assembly and the press.

Ironically, Azerbaijan’s dictator Ilham Aliyev allocated $1 million to the UN Human Settlements Program, one day before a UN mission visited the Artsakh region who reported ‘no irregularities’ despite the territory being depopulated by Azerbaijan’s military invasion.

As one of the world’s top environmental and fossil fuel polluters, during its invasion of Nagorno-Karabakh, Azerbaijan used the outlawed, lethal and environmentally hazardous White Phosphorus as a chemical weapon on the native Armenian population and their highly forested environment. In that fatal siege, which liquidated all native Armenians, the Azeri government-sponsored blockaders posed as climate activists, while punishing true protesters of lethal pollution, in Azerbaijan, especially journalists and activists in advance of COP29.

Guest – Karnig Kerkonian, one of 23 legal advisors representing the Republic of Armenia at the ICJ (International Court of Justice) in 2021. Karnig’s team presented their case against Azerbaijan, calling on the Tribunal to take provisional measures “as a matter of extreme urgency” to “protect and preserve Armenia’s rights and the rights of Armenians from further harm.” Azerbaijan has ignored the ICJ’s November 2023 ruling to “take all necessary measures to prevent and punish acts of vandalism and desecration affecting Armenian cultural heritage, including but not limited to churches and other places of worship, monuments, landmarks, cemeteries and artifacts.” Attorney Kerkonian has also represented the Armenian community of Old Jerusalem in recent Israeli settler incursions upon the Armenian Quarter.

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Understanding Capitalism

The great German playwright, and political figure, Berthold Brecht, observed that to understand fascism you have to understand capitalism, from whence it springs. Today, it is also helpful for us to understand that the rise of fascism in Germany 100 years ago, has parallels we can see now with the rise of fascism in the United States.

Prior to World War I, which began in 1914, the German working class and middle class were relatively prosperous. The German unions were strong and influential. Prior to World War I, Germany also had the largest and strongest socialist party in the world, and it was the second largest political party in the German Parliament. The German economy was booming. And German culture was the jewel of Europe.

This all came to a crashing end in 1917, when Germany was defeated in what was an inter-imperial war against the United States, France, Great Britain and Russia. The consequences of that defeat brought us fascism and World War II, 20 years later. In the 1920’s, inflation wiped out the savings of the German people. When the depression hit in 1929, the German working class was desperate. The ground was fertile for the rise of Adolf Hitler, a ruthless, cunning and violent demagogue.

Here in the United States, our economy boomed for 100 years, from the end of the Civil War until the 1970s. But since then, American workers have not made any progress. Their wages, in real terms, have not risen in 50 years! “Neo- liberalism”, which is just another word for aggressive capitalism, has wiped out 30 million industrial jobs in the US, starting in the 1980s. Women were driven back into the workforce. People had to work two jobs just to keep up.

In Germany, it was the Jews who were blamed. Here in the US, it is immigrants and people of color who are scapegoated. The demagogue Trump, like Hitler before him, is a captivating speaker and a very effective cult leader, who is now poised to take the power of the government and turn it against “we the people.”

Guest – Richard Wolff is Professor Emeritus from the University of Massachusetts, and the author of the forthcoming book, “Understanding Capitalism”. According to New York Times, Richard Wolff is, probably America’s most prominent Marxist economist.  He is the founder of Democracy at Work and host of their national syndicated show Economic Update. Professor Wolff has authorized numerous books on capitalism and socialism, including most recently “The Sickness is the System: When Capitalism Fails to Save Us From Pandemics or Itself“, “Understanding Socialism“; and “Understanding Marxism”, which can be found at democracyatwork.info.

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Institute for the Critical Study of Zionism

Instead of the socialist ideal of universal human emancipation, that many European Jews supported, Zionist Israel is the outcome of a very different political ideology…an ideology that a relatively small number of middle and upper class European Jews advanced unsuccessfully until after World War II.

The founders of Zionism promoted it as a Jewish solution to the “Jewish problem.” Communists and socialists rejected this self-segregating reliance on Western colonial powers. And the current increasingly pariah status of Israel and its imperial backer, the United States, has proven the fallacy of the Zionist solution.

Israel is the product of a colonial settler ideology that has its roots in the racist and imperialist practices of the European powers of the 19th century. Theodor Herzl, the founder of Zionism, an Austrian /Hungarian journalist, was a great admirer of Cecil Rhodes, the British imperial figure who founded the mineral settler colony of Rhodesia in what became apartheid South Africa.

From its inception, the goal of the Zionists was to overwhelm and displace the indigenous native Arabs in Palestine. As a result, despite its own self-promotion, Israel is not the moral legatee of the victims of the holocaust, much less of the prophets of the Hebrew people who propounded the 10 Commandments.

The horrific slaughter since last October 7th of the Palestinians in Gaza, has been live streamed for people all over the world to see.

Guest – Emmaia Gelman is a professor at Sarah Lawrence College in New York and the founder of the Institute for the Critical Study of Zionism. Her book on the powerful Zionist organization the Anti-Defamation League is about to be published by the University of California press.

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The Center for Climate Integrity

Today, we’re delving into a legacy of deception and destruction. For more than 50 years, Big Oil companies like ExxonMobil, Chevron, and BP have known that burning fossil fuels would raise global temperatures. Yet, instead of taking responsibility or warning the public, they have orchestrated campaigns of denial, disinformation, and delay.

As a result, we are living with unprecedented climate disasters. Following the hottest year on record in 2023, extreme weather events have intensified, from record-breaking wildfires scorching California and Canada, to catastrophic hurricanes pounding the Gulf Coast. During this past June, nearly 5 billion people globally faced intense heat over nine days, with more than 60% of the world’s population encountering temperatures made at least three times more likely by climate change. These events not only devastate ecosystems and communities, but they also cost taxpayers billions of dollars in damage and recovery.

Guest – Corey Riday-White, Managing Attorney at the Center for Climate Integrity, an organization that is fighting to hold Big Oil accountable for its deceit. The Center is supporting litigation efforts in several states, aiming to force fossil fuel companies to pay for the damage they’ve caused. Let’s hear more about their approach, and how the legal system might be used to confront this ongoing climate crisis.

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Surveillance Dragnet: Geofence Warrants

Recently, the Fifth Circuit Court of Appeals handed down a landmark decision in U.S. v. Jamarr Smith, holding that geofence warrants are “categorically prohibited by the Fourth Amendment.” What is a Geofence Warrant? They compel companies such as Google to hand over data on every device in a particular geographical area over a set period of time. Not surprisingly they are a controversial tool in law enforcement’s investigative arsenal.

Privacy experts argue they amount to a dragnet search that violates the privacy of countless innocent individuals. Proponents, on the other hand, see them as necessary for solving crimes in our digital world. The Fifth Circuit ruling is a major development in the ongoing debate over privacy and mass surveillance.

Guest – Alan Butler, the executive director of the Electronic Privacy Information Center or EPIC, in Washington, DC. EPIC has been at the forefront of legal battles to improve data protection standards to protect individual rights in the rapidly advancing surveillance state. Alan Butler is Chair of the Privacy and Information Protection Committee of the American Bar Association Section on civil Rights and Social Justice. He has authored briefs on behalf of EPIC in significant privacy cases, including an amicus brief in Riley v. California that was cited in the Supreme Court’s unanimous landmark ruling that the warrantless search and content seizure of cell phones during an arrest is unconstitutional.

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The Power Of Labor And A Workers’ Party

The forces of the gathering authoritarian storm in our country are evident in many ways. It is manifesting itself in powerful and continuing nationalism, in disdain for human rights, in the entwinement of government and religion, in a controlled mass media, in the protection of corporate power and the suppression of labor power and in the encouragement of violence.

The power of labor has been channeled into the Democratic and Republican Party, the twin parties of capitalism. We need a workers ‘ party, but we don’t even have the nucleus of one. Race and gender are formative in the building of authoritarian regimes. We see this in the United States. Haitians, who are Black, have been accused of eating cats and dogs. Women’s right to control their own bodies is under attack from the Supreme Court on down and women are marked as “childless cat ladies” and told to stay home and bear children.

Guest – Dianne Feeley is an editor of the magazine Against the Current. She is a leader of Solidarity, a socialist feminist organization. Dianne lives in Detroit where she has been an activist for many years in the United Automobile Workers union.

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Complicity In Genocide: CCR Case Against The Biden Administration Update

Last fall, the internationally acclaimed Center for Constitutional Rights in New York City filed a lawsuit in federal court on behalf of several Palestinian groups and individuals against President Joe Biden, Secretary of State Anthony Blinken, and Defense Secretary Lloyd Austin, alleging that Israel’s actions in Gaza have amounted to genocide and that Biden, Austin, and Blinken have failed their obligation under international law to prevent Israel from committing genocide in Gaza.

The lawsuit claimed that the 1948 International Convention Against Genocide requires the US and other countries to use their power and influence to stop the killing. and the lawsuit asked the court to bar the US from providing weapons, money, and support to Israel. At the time of the filing of that lawsuit here on Law and Disorder, we spoke with an attorney from CCR about the case. Since that time there have been a number of developments in the case.

Guest – Attorney Maria LaHood, the Deputy Legal Director of the Center for Constitutional Rights, or CCR, to join us to bring us up to date on where the lawsuit now stands. Much of Maria LaHood’s own work at CCR is on behalf of defending the constitutional rights of Palestinian advocates in the United States, such as in the case of Davis v. Cox. She was involved in defending the Olympia Food Co-op board members for deciding to boycott Israeli goods and the case of Awad v. Fordham, compelling the university to recognize Students for Justice in Palestine as a student club.

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USPS: Concerns With Louis Dejoy And Election Integrity

Free elections can too easily turn into hollow formalities when coercion, manipulation, or biased governance replace voter choice and participation. The United States Postal Service has historically been one of the most trusted government institutions in the United States, with a strong reputation for reliability and nonpartisanship. Until now.

Louis DeJoy, a prominent Trump donor and former logistics executive, was appointed as Postmaster General in May 2020, just months before the 2020 presidential election. His tenure has been marked by a series of controversial reforms, including slowing mail delivery, removing mail sorting machines, reducing post office operating hours, and limiting overtime for postal workers. These changes have triggered widespread alarm, given the heightened dependence on mail-in voting during the COVID-19 pandemic.

Despite public outcry and congressional investigations, DeJoy continues to oversee an agency crucial to the functioning of our democracy. With the 2024 election on the horizon and the ongoing reliance on mail-in ballots—particularly in swing states—the stakes are high. Voters in rural areas, the elderly, and people with disabilities, often rely on it to cast their ballots. Any disruptions could disproportionately impact these communities and undermine public confidence in the electoral process.

We examine the potential impacts of delayed ballots, changes in USPS service standards, and the wider implications for voter turnout and trust in the system.

Guest – Chuck Zlatkin, legislative director of the New York Metro Area Postal Union.

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Abolition Labor: The Fight To End Prison Slavery

Operating in the secrecy of the nation’s more than 1,800 prisons, a kind of shadow slave culture is being fostered. Few Americans are aware of the exploitative and pervasive practice of forced prison labor. The 13th amendment to the US Constitution abolished slavery, but it made one exception: prison labor.

Prisoners are forced to work with minimal or non-existent wages, and often with no labor protections. Understanding the scope and implications of forced prison labor is crucial for anyone concerned with social justice and equity. It calls for a re-examination of our treatment of incarcerated persons and for alternatives that promote fairness for everyone, regardless of their legal status. By shining a light on this issue, we can advocate for reforms that prioritize rehabilitation over punishment and strive towards a more just and humane criminal justice system. A new book, Abolition Labor: The Fight To End Prison Slavery, provides an eye-opening overview of the extent of this problem.

Guest – Andrew Ross is a renowned social activist, author, and Professor of Social and Cultural Analysis at New York University, where he also directs the Prison Research Lab. Andrew has contributed to prominent publications like The Guardian, The New York Times, and The Nation. He has authored or edited over twenty-five books, with the recent work, Abolition Labor,  co-authored with Aiyuba Thomas and Tommaso Bardelli.

Guest – Aiyuba Thomas recently earned his M.A. from NYU’s Gallatin School of Individualized Study and is an affiliate of the NYU Prison Research Lab. He currently serves as project manager for the Movements Against Mass Incarceration’s archival oral history project at Columbia University. There, he documents the experiences and challenges faced by those affected by the criminal justice system. His firsthand perspective and his extensive knowledge on the subject makes him a powerful voice in the conversation of abolishing forced prison labor.

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Fascism on Trial: Education, and the Possibility of Democracy

Fascist Germany’s industrial murder of Jews in Europe 80 years ago has been seared into the consciousness of humankind. Today its a great irony of history that the Israeli government, which claims to be the moral legatee of the holocaust, is carrying out a genocide against millions of Palestinians in Gaza.

This is being done with the full support of the American government which supplies political, diplomatic, and propaganda cover for what Israel is doing. It supplies the bombs, planes, artillery shells, tanks and bulldozers to physically destroy the buildings and infrastructure of the Gaza strip. The people who live there have been systematically starved, as the Nazis starved the Jews of the Warsaw ghetto.

The response of American students and college campuses across the country was magnificent. Tent encampments sprung up in several hundred places. They became the focal point for a full-throated discussion of the realities in Gaza and American complicity in the ongoing genocide. Demands for cease-fire were raised. Demands that the universities divest themselves of investments in Israel and American arms manufactures were put forward.

Sadly, this manifestation of critical thinking came to a crashing end. The wealthy and their servants in Congress, and in the mass media, accused the students of being antisemitic and of supporting terrorism. Congressional hearings were held. University presidents were fired. Professors lost their jobs. Students were expelled from schools. The great campus uprising was closed down. And new and much more restrictive rules for protest have been imposed in campuses all across the United States.

Guest – Professor Henry A. Giroux currently holds the McMaster University Chair for Scholarship in the Public Interest in the English and Cultural Studies department and is the Pablo Frère, Distinguished Scholar in Creative Pedagogy. Henry Giroux has authored many books, most recently with Anthony DiMaggio, titled, Fascism on Trial: Education, and the Possibility of Democracy.

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War Made Invisible: How America Hides the Human Toll of its Military Machine

The United States is engaged in constant, if often invisible, wars. Or, if not invisible, at least not accurately and fully reported on in the corporate media. Thereby leaving the people of the United States far from fully informed as to what and where U.S. military troops are stationed or engaged in military action. For example, while there has been a great deal of media coverage of the U.S. supported Israeli war in Palestine, one would have needed to pay extra close attention to that coverage to know that the U.S., even before that war began, had 40,000 U.S. troops stationed in the area. Or that the Biden Administration has just recently sent at least 1,500 more to join them. And how many of us know that late last year retired Israeli Major General Yitzhak Brick, said that, and I quote: “All of our missiles, the ammunition, the precision-guided bombs, all the airplanes and bombs, it’s all from the U.S. Everyone understands that we (Israel) can’t fight this war without the United States.

So last year, Norman Solomon, our guest today, wrote a much noted and much-admired book titled, War Made Invisible: How America Hides the Human Toll of its Military Machine. And that book has just been reissued with an up-dated afterword about the Gaza War, by the author. Naomi Klein, best-selling author of The Shock Doctrine, says the book is “A Staggeringly Important Intervention”. Noam Chomsky, says Solomon’s book is a “gripping and painful study of the mechanisms behind our invisible, but perpetual, national state of war.”

Guest – Norman Solomon is the co-founder of RootsAction.org and Executive Director of the Institute for Public Accuracy, and is, in fact, the author or co-author, of 12 books, most touching on today’s topic in either close or tangential ways. His books include War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.

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Journalists Under Fire In Israel-Gaza Conflict

Today we turn to the status of press freedom in Israel. Since the Hamas attack on October 7, 2023, and during the ensuing war in Gaza ever since, which is now moving into the West Bank, the pressure on journalists who are trying to cover what’s been happening there is increasing… and more dangerous.

According to the New York-based Committee To Protect Journalists, the Israel-Gaza war has claimed the lives of more journalists over the course of a year than in any other conflict the organization has documented. They estimate 128 journalists killed and 69 imprisoned.

The foreign and Israeli journalists who are bold enough to enter Gaza to report on what’s happening can only do so if they are accompanied by Israeli forces… and under strict surveillance. And the Israeli military has no qualms about shutting down news outlets like Al Jazeera – even its bureau in Ramallah, in the West Bank, which is an area supposedly under Palestinian control.

And just last week, Israeli Occupational Forces arrested a US citizen, journalist Jeremy Loffredo, charging him with endangering national security for his reporting on Iranian strikes. Reporters Without Borders condemns what it calls Israel’s climate of intimidation, and has called on the Israeli authorities to stop obstructing the work of journalists covering the war.

Guest – Kevin Gosztola is a journalist and editor of The Dissenter Newsletter, which regularly covers whistleblowing, press freedom, and government secrecy. He is the author of Guilty of Journalism: The Political Case Against Julian Assange and known for his work reporting on the extradition proceedings against Assange and the court-martial against Chelsea Manning. Both were prosecuted and convicted under the Espionage Act.

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Back From The Brink 2024

One issue from the Cold War topic stills looms large today: the growing threat of nuclear war. While many hoped the end of the Cold War would signal a retreat from the nuclear arms race, recent developments suggest otherwise. Tensions between amid U.S., Russia, and China have escalated, and key nuclear arms control treaties, such as the INF Treaty have eroded, with the future of the New START agreement uncertain.

The war in Ukraine, punctuated by Russia’s nuclear saber-rattling, has revived fears of potential nuclear escalation. At the same time, huge sums are being funneled into expanding and modernizing nuclear arsenals. In several decades, it is estimated that the total cost of modernizing and maintaining the U.S. nuclear arsenal amounts to approximately $1.7 trillion. Emerging technologies, like hypersonic missiles and Artificial Intelligence in military decision-making, further complicate the stability of nuclear deterrence, raising new questions about global security.

Guest – Dr. Ira Helfand is a member of the International Steering Group of the International Campaign to Abolish Nuclear Weapons, or ICAN, which was awarded the 2017 Nobel Peace Prize. Dr. Helfand is also the immediate past president of the International Physicians for the Prevention of Nuclear War, or IPPNW, a founding partner of ICAN and itself the recipient of the 1985 Nobel Peace Prize. He co-founded and served as past president of Physicians for Social Responsibility, the US affiliate of IPPNW. Dr. Helfand is also co-founder of the Back from the Brink campaign, the key vehicle for people in the U.S. who want to get involved in this issue.

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Special Report: Global Threats To Freedom Of Expression Arising From Gaza Conflict

On top of the devastating humanitarian crisis and the issues of genocide and violations of human rights in Gaza and the West Bank, there has been an unprecedented attack on freedom of the press and freedom of expression globally prompted by that war.

In August, Irene Khan the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression issued an alarming report examining the impact of the conflict in Gaza on freedom of expression throughout the world. The report highlighted “attacks on journalists and media restrictions, endangering access to information about the conflict globally; suppression of protests and dissent and undermining of academic and artistic freedoms in polarized political environment; and restrictions on legitimate political expression in the name of fighting terrorism and antisemitism.”

The Special Rapporteur assessed the compliance of States, social media companies and other private actors with international human rights standards, online and offline, and she found “an extensive pattern of unlawful, discriminatory and disproportionate restrictions on advocacy for the rights of Palestinian people.”

The report emphasized “the importance of freedom of opinion and expression – enjoyed on an equal basis by all sides – as an invaluable tool for fighting hate and encouraging mutual respect and dialogue.” Based on her detailed findings, the Special Rapporteur called on States, social media companies and other private actors to reject double standards on human rights and made concrete recommendations for them to uphold the right to freedom of opinion and expression equally for all.

Guest – Irene Khan, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Appointed on August 1, 2020, Ms Khan is the first woman to hold this position since the establishment of the mandate in 1993. UN Special Rapporteurs are independent human rights experts with a mandate to report and advise on human rights from a thematic perspective. As part of her role, Ms Khan conducts country visits, acts on individual cases and sends official communications to governments, and presents thematic reports to the UN General Assembly.

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A History Of Anti-Black Racism

National chauvinism and racism are essential features of fascism. The practice of white racism in the United States during the Jim Crow era was something that Hitler’s party in Germany studied and emulated. This kind of anti-black racism went on in the United States from shortly after the Civil War up until the 1960s. It has never really gone away as the mass mobilizations of the Black Lives Matter movement has recently demonstrated. This Black resistance, this fight back, will be a central aspect of anti-fascist activity in the future.

Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and his new book published last month We Charge Genocide: American Ashes and the Rule of Law.

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She said the assault occurred when she traveled from Nashville to Los Angeles with Brooks, who was performing with soul singer Sam Moore at a Grammy Awards tribute in 2019.

"If you take politics as a game, you have to play underneath the rules. You can't appear to be disagreeable; you have to appear to voters as someone who’s getting things done."

For people living near a gasoline storage facility in Commerce City, the company’s decision to cancel its expansion near an elementary school was an environmental victory.

It is the first law office in Colorado for Vinson & Elkins.

A pair of the sport's preeminent stars lived up to their billing on Saturday at the 20th rendition of the Pro Motocross Championship's Thunder Valley National.

Chris Andersen has come to reevaluate his former agent’s work and now describes it in terms such as “theft,” “malpractice,” “betrayal” and “devastation.”

The owners of several dilapidated apartment buildings in Aurora and Denver have faced a new threat: an investigation by the Colorado Attorney General's Office.

Westminster City Council this week retained a law firm that specializes in construction defects to determine what is causing several roads to sag and settle in the northernmost stretches of the city.

Civil rights attorneys say the fallback to common law is designed to keep law enforcement officers immune from civil claims despite the 2020 reforms.

Partnership aims to transform access to family law dispute resolution for underserved communities The American Arbitration Association and Suffolk University Law School are launching a pioneering Online Dispute Resolution (ODR) Innovation Clinic. This initiative combines Suffolk Law’s expertise in legal technology and clinical education with the AAA’s leadership in alternative dispute resolution innovation, technology, and … Continue reading American Arbitration Association, Suffolk Law and ODR.com Launch Online Dispute Resolution Innovation Clinic →

Ohio State’s Program on Dispute Resolution is thrilled to invite you to the 2024 Lawrence Lecture on Dispute Resolution featuring Georgetown Law Professor Ariel Eckblad!  Register here: https://go.osu.edu/eckblad. Scheduled for Tuesday September 17 (beginning at 12:10 eastern), Professor Eckblad will present “The Water We Swim In: Negotiating Power and Possibility”. Here is a brief description: … Continue reading Georgetown’s Ariel Eckblad to Deliver Moritz’s 2024 Lawrence Lecture →

What can we expect next?

Martin Lawrence after dark is whole other sight.

We're not standing in his way!

The honor was presented to the fallen music icon in 2013.

“Black people have the right to control their bodies."

A suspicious neighbor tipped police, resulting in arrests.

Robert Brockman – the business tycoon charged in the largest-ever tax case against a U.S. individual — is “facing progressive dementia that will render him unable to help in his defense, according to a legal filing citing his doctors,” according to report from Bloomberg. According to the initial indictment, Mr Brockman, an American, is accused of using a […]

Carey Olsen has been named Offshore Law Firm of the Year at the Chambers High Net Worth Awards for the second year in a row. A spokesperson said, “The prestigious annual awards recognise national and international law firms which have demonstrated outstanding legal work and expertise, excellent client service and impressive strategic growth and innovation within the trusts […]

A Chinese court has agreed to hear a lawsuit against Apple from Beijing Bodyreader, a developer seeking around $420,000 in damages after their children's posture correction app was removed from the App Store in 2020.


Bloomberg reports that the case – the first of its kind to be heard in Beijing's intellectual property court – bears similarities to Epic Games' 2021 lawsuit against Apple. Bodyreader claims Apple unfairly removed their app citing "dishonest" behavior, while also challenging the company's 30% commission on app purchases and its control over the iOS ecosystem.

According to court documents reviewed by Bloomberg, Bodyreader argues that Apple's enforcement of App Store policies is inconsistent. The developer notes that after their original app was removed, they successfully published an identical app under a different name, "Qilin Century," which remains available on the App Store. Closed-door hearings began Thursday and could conclude this week.

The hearing represents the first time Apple has been forced to defend its standard mobile platform practices against a Chinese developer. Earlier this year, Apple successfully fought off antitrust accusations from a Chinese consumer, but the company still went so far as to appeal to remove references to its market dominance from the ruling.

Bodyreader is seeking monetary damages, an apology, and a court declaration that Apple engages in unfair monopolistic behavior. The developer has also requested that Apple be required to allow third-party app stores and external payment links.

Now for the first time in our history, we're witnessing a broad and powerful attack on the principle of equality. Daily, we are told that all people are not in fact created equal. Some were born with moral stain, others were not. Some Americans are guilty, some are innocent. Nothing can change this because it was all determined at birth. All we can do is respond accordingly. Continue reading →

Our Republican leaders don’t believe they have the authority, they don’t believe they’re legitimate, they don’t see the threat. They don’t want to see the threat because they know they can’t face the mob. They know they’re too weak. And so they offer trinkets and hope the mob will go away, but it won’t. Mobs can’t be sated. We thought Republicans understood that. That’s why we supported them. But this crisis has revealed the truth. Now we know who they are. It could not be clearer and now it’s time to find new leaders. Continue reading →

Sorry I’ve been away: time flies when you are not having fun. But now I’m back. Moore’s Law, which began with a random observation by the late Intel co-founder Gordon Moore that transistor densities on silicon substrates were doubling every 18 months, has over the intervening 60+ years been both borne-out yet also changed from a lithography technical feature to an economic law. It’s getting harder to etch ever-thinner lines, so we’ve taken as a culture to emphasizing the cost part of Moore’s Law (chips drop in price by 50 percent on an area basis (dollars per acre of silicon) every 18 months). We can accomplish this economic effect through a variety of techniques including multiple cores, System-On-Chip design, and unified memory — anything to […]

I'm a sucker for sage advice much as anyone else, and Kernighan is certainly right on money in the epigraph. Alas there comes a time in programmer's career when you just end up there despite the warning. It could be that you were indeed too clever for your own good, or maybe the code isn't quite yours anymore after each of your colleague's take on it over the years. Or just sometimes, the problem is indeed so hard that it strains your capacity as a coder.

It would usually start with a reasonable idea made into first iteration code. The solution looks fundamentally sound but then as you explore the problem space further it begins to seep nuance, either as manifestation of some real world complexity or your lack of foresight. When I run into this my first instinct is to instrument the code. If the problem is formidable you got to respect it: flailing around blindly modifying things or ugh, doing a rewrite at this stage is almost guaranteed to be a waste of time. It helps to find a promising spot, chisel it, gain a foothold in the problem, and repeat until you crack it. Comfortable debugging tools here can really help to erode the original Kernighan coefficient from 2 to maybe 1.6 or 1.4 where you can still have a chance.

Lisp users are fortunate with the options of interactive debugging, and one facility I reach often for is the plain BREAK. It's easy enough to wrap it into a conditional for particular matches you want to debug. However sometimes you want it to trigger after a particular sequence of events across different positions in code has taken place. While still doable it quickly becomes cumbersome and this state machine starts to occupy too much mental space which is already scarce. So one day, partly as a displacement activity from being intimidated by a Really Hard Problem I wrote down my debugging patterns as a handful of macros.

Enter BRAKE. Its features reflect my personal preferences so are not necessarily your cup of tea but it could be a starting point to explore in this direction. Things it can do:

• act as a simple BREAK with no arguments (duh)
• wrap an s-expression, passing through its values upon continuing
• trigger sequentially based on the specified position for a common tag
• allow for marks that don't trigger the break but mark the position as reached
• provide conditional versions for the expressions above
• print traces of tagged breakpoints/marks

If you compile functions with debug on you hopefully should be able to see the wrapped sexpr's result values.

(use-package '(brake))

(defun fizzbuzz ()
  (loop for n from 100 downto 0
	for fizz = (zerop (mod n 3))
	for buzz = (zerop (mod n 5)) do
	(format t "~a "
		(if (not (or fizz buzz))
		    (format nil "~d" n)
		  (brake-when (= n 0)
			      (concatenate 'string
					   (if fizz "Fizz" "")
					   (if buzz "Buzz" "")))))))

These macros try to detect common cases for tagged sequences being either aborted via break or completed to the last step, resetting them after to the initial state. However it is possible for a sequence to end up "abandoned", which can be cleaned up by a manual command.

Say in the example below we want to break when the two first branches were triggered in a specific order. The sequence of 1, 3, 4 will reinitialize once the state 4 is reached, allowing to trigger continuously. At the same time if we blow our stack it should reset to initial when aborting.

(defun ack (m n)
  (cond ((zerop m) (mark :ack 3 (1+ n)))
        ((zerop n) (mark :ack 1 (ack (1- m) 1)))
        (t (brake :ack 4 (ack (1- m) (ack m (1- n)))))))

In addition there are a few utility functions to report on the state of brakepoints, enable or disable brakes based on tags and turn tracing on or off. Tracing isn't meant to replace the semantics of TRACE but to provide a souped up version of debug by print statements everyone loves.

CL-USER> (report-brakes)
Tag :M is DISABLED, traced, with 3 defined steps, current state is initial
Tag :F is DISABLED with 2 defined steps, current state is 0
Tag :ACK is ENABLED with 3 defined steps, current state is initial

Disabling breakpoints without recompilation is really handy and something I find using all the time. The ability to wrap a sexpr was often sorely missed when using BREAK in constructs without implicit body.

Sequencing across threads is sketchy as the code isn't guarded but in many cases it can work, and the appeal of it in debugging races is clear. One of those days I hope to make it more robust while avoiding potential deadlocks but it isn't there yet. Where it already shines tho is in debugging complex iterations, mutually recursive functions and state machines.