Episode Details

Narrated by Eunice Wong

Text originally published 03/05/23

Executing the Law - by Mr. Fish

There is little that unites me with those who occupied the Capitol building on Jan. 6. Their vision for America, Christian nationalism, white supremacy, blind support for Trump and embrace of reactionary fact-free conspiracy theories leaves a very wide chasm between their beliefs and mine. But that does not mean I support the judicial lynching against many of those who participated in the Jan. 6 events, a lynching that is mandating years in pretrial detention and prison for misdemeanors. Once rights become privileges, none of us are safe. 

The U.S. legal system has a very sordid history. It was used to enforce segregation and legitimize the reign of terror against Black people. It was the hammer that broke the back of militant union movements. It persecuted radicals and reformers in the name of anti-communism. After 9/11, it relentlessly went after Muslim leaders and activists with Special Administrative Measures (SAMs). SAMs, established by the Clinton administration, originally only applied to people who ordered murders from prison or were convicted of mass murder, but are now used to isolate all manner of detainees before and during trial. They severely restrict a prisoner’s communication with the outside world; prohibiting calls, letters and visits with anyone except attorneys and sharply limit contact with family members. The solitary confinement like conditions associated with SAMs undermine any meaningful right to a fair trial according to analysis by groups like the Center for Constitutional Rights and can amount to torture according to the United Nations. Julian Assange faces SAMs or similar conditions should he be extradited to the U.S. The Classified Information Procedures Act, or CIPA, begun under the Reagan administration, also allows evidence in a trial to be classified and withheld from defendants. The courts, throughout American history, have abjectly served the interests of big business and the billionaire class. The current Supreme Court is one of the most retrograde in decades, rolling back legal protections for vulnerable groups and denying workers protection from predatory corporate abuse.

At least 1,003 people have been arrested and charged so far for participation in events on Jan. 6, with 476 pleading guilty, in what has been the largest single criminal investigation in U.S. history, according to analysis by Business Insider. The charges and sentences vary, with

Listen Now