May it Displease the Court

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A podcast uncovering all the ways our legal system is unjust.

Ep. 24 - Usual Cruelty of the Legal System with Alec Karakatsanis

Picture a single mom sitting on her couch in Houston with her one and three-year-old when suddenly the police are at her door and arrest her. They took her to jail. Put her children in foster care. She doesn’t know where they are or who cares for them. 
You might think this woman must be a dangerous criminal to justify disrupting this family and traumatizing these children. No. This happened because a mother could not afford to pay a court debt of a few thousand dollars. The Houston Courts then gave her the choice of sitting in jail at $25 per day to “pay her debt” or working as a janitor to “earn” slightly more money so she could get out of jail a little faster and try to find her babies.
This woman inspired Civil Rights Attorney Alex Karakatsanis, founder of Civil Rights Corp to file a lawsuit challenging this oppressive cash bail system.
In this episode, Alec Karakatsanis joins host Mary Whiteside and Prof. Lee Pierce to discuss his book Usual Cruelty - The Complicity of Lawyers in the Criminal Justice System. 
Alec is a radical thinker challenging the status quo. He reframes the criminal justice system as a punishment bureaucracy. Alec challenges lawyers, in particular, “to examine why the punishment system exists and how it functioned throughout history as a mechanism of preserving white supremacy and the distribution of economic wealth and social control.” This interview also ran in the New Books Network Podcast series.
Find us on Twitter - Alec Karakatsanis is @equalityAlec and the podcast is @courtpod. 
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources:
Usual Cruelty: The Complicity of Lawyers in the Criminal Justice System
https://www.amazon.com/Usual-Cruelty-Complicity-Criminal-Injustice/dp/1620975270/ref=asc_df_1620975270?tag=bingshoppinga-20&linkCode=df0&hvadid=80539318468052&hvnetw=o&hvqmt=e&hvbmt=be&hvdev=c&hvlocint=&hvlocphy=&hvtargid=pla-4584138864254121&psc=1 
Civil Rights Corp:
https://civilrightscorps.org/alec-karakatsanis-founder-executive-director/ 
Article on Willie Simmons: 
https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/
Danielle Ponder
https://daniellepondermusic.com/ 

Ep. 23 - We Don’t Talk About Law Clerks with Prof. Eric Segall

Do you think Judges who hate Black people should be allowed to decide cases? What about Judges who hire law clerks who–allegedly– “hate black people”; is that okay? The U.S. Judicial Conference reopened investigations into Judges William Pryor and Corey Maize regarding the hiring of Crystal Clanton, who purportedly sent a text message that said she “hates black people.” 
I bet you never thought about the influence law clerks have over the cases that come before the Judges they serve. It is time to break the unwritten lawyer code of not talking about the power and influence of Judicial Law Clerks.
Georgia State University Law Professor and author Eric Segall joins host Mary Whiteside to peek behind the bench and talk about what law clerks really do and how much silent power they wield. 
Find the podcast on Twitter @courtpod or drop an email at mayitdispleasethecourt@gmail.com. We would also love to rate and review the show. It helps others find the program.
Sources Cited
Supreme Myths Podcast https://podcasts.apple.com/ie/podcast/supreme-myths/id1523903890 
Supreme Myths - Why the Supreme Court is not a Court and its Justices are not Judges https://www.indiebound.org/book/9780313396878 
https://blog.harvardlawreview.org/author/ericsegall/
https://www.law.com/dailyreportonline/2021/10/15/law-professor-calls-for-mea-culpa-from-judge-and-law-clerk-over-racist-rant/?slreturn=20220012161752
https://www.ajc.com/news/georgia-news/judge-pryor-cleared-of-allegations-involving-hiring-of-controversial-clerk/X3JAHI2TQBCUBMTQ5MDHO56FU4/ 
https://www.washingtonpost.com/opinions/2021/10/08/crystal-clanton-racist-comments-william-pryor-clerkship/ 
https://www.washingtonpost.com/opinions/2022/01/18/clerk-texts-appeals-court-clanton/ 
https://www.reuters.com/legal/transactional/federal-judges-cleared-misconduct-after-hiring-clerk-accused-racism-2022-01-14/ 
https://www.reuters.com/legal/government/us-judicial-panel-orders-probe-into-hiring-clerk-accused-racism-2022-07-08/

Ep. 22 - Representation Isn’t Enough

Minority representation in positions of power is increasing at all levels of government and on the bench. But, if a minority leader was chosen and promoted by the ruling elites, with an understanding that they would use their position of power to advantage the rich and powerful who put them in power. Then those minority leaders offer the minority group which they came from nothing more than symbolic representation.
 We look at Justice Clarence Thomas, Vice President Kamala Harris, Senatorial Candidate Hershel Walker, and Robert Fogg, who may be the next Monroe County Public Defender. And argue that that representation, while important, isn’t enough. 
 Pitting marginalized groups against each other is bad for coalition building. If a lesser qualified minority is chosen over a more qualified minority because they serve a niche need for representation, it hurts coalition building. For example, suppose a less qualified black person is selected over a more qualified white woman. In that case, it makes it harder for the two groups to unite to fight against the system still dominated by white male patriarchy. 
Changing the lives of poor and minority groups requires a focus on achieving policies that redistribute public resources to change their material conditions. A person’s membership in an underserved or minority group should be one factor considered. The most influential leader who will improve the lives of underserved minorities will be the person who will fight for institutional reforms and get them effectively implemented.
Sources
https://www.thedailybeast.com/herschel-walker-is-the-saddest-senate-candidate-ive-ever-seen
https://www.cnn.com/2021/05/02/politics/caitlyn-jenner-transgender-athletes-california-recall/index.html 
 
https://www.democratandchronicle.com/story/news/local/2022/07/28/monroe-county-legislature-president-sabrina-lamar-says-robert-fogg-her-choice-for-public-defender/65384873007/
https://www.democratandchronicle.com/story/news/2021/11/19/monroe-county-public-defender-tim-donaher-not-seek-reappointment/8688265002/ 
 
https://www.rochestercitynewspaper.com/rochester/candidates-make-their-cases-to-lead-the-monroe-county-public-defenders-office/Content?oid=14523858#:~:text=The%20Monroe%20County%20Public%20Defender%E2%80%99s%20Office%20was%20created,with%20one.%20Annually%2C%20it%20handles%20thousands%20of%20cases.
http://etksdefense.com/ed-nowak-appellate-superstar/ 
 
Usual Cruelty: The Complicity of Lawyers in the  Criminal Justice System by Alec Karakatsanis
N-word vs. F-word, Black v. Gay: Uncovering Pendejo Games to Recover Intersections by Catherin R. Squiresco in the book Critical Rhetoric of Race by Kent A. Ono 
 
 
 
 
 
 

Ep. 21 - Form Over Substance

Your host and NY appellate attorney, Mary Whiteside, looks at the arbitrary and opaque political appointment of the next Public Defender in the Monroe County Public Defender’s Office as a microcosm of America’s dysfunctional legal system. In one of the busiest court systems in the country (15,000 new cases in 2021), the stakes of the next MCPD appointment for the office are high—especially for the low-income and minority defendants this office is meant to serve.
If we want the American legal system to start practicing what it preaches—namely, equality and democracy—then counties like Monroe need Public Defenders who, among other things:
Are experienced supervisors, preferably with experience running a large office with a budget, not just a solo practitioner 
See themselves as the LAST line of defense for poor people against the well-funded power of the government
Know something about the county and have some investment in the local area
Several exceptionally qualified Assistant Public Defenders from the Monroe County Public Defender’s Office applied to become the next Public Defender. Any one of these people would have been an excellent choice. But the political process rejected all of these candidates in favor of a person who is none of these things. 
If Monroe County Legislature President Sabrina LaMarr’s recommended appointment goes through, which it almost certainly will, decades of reform are at risk.
Which begs the question: why is LaMarr bringing a less qualified, outside candidate rather than tapping into the wealth of experience and indigent service already available within the public defender’s office? Why have LaMarr’s individual preferences come to stand in for reasonable and well-informed decision-making? What are the stakes for the defendants of Monroe County? And the rest of America, if this process is any indication of what’s happening across the country?
Find the podcast on Twitter @courtpod or drop an email at mayitdispleasethecourt@gmail.com. We would also love to rate and review the show. It helps others find the program.
Sources Cited
https://www.democratandchronicle.com/story/news/local/2022/07/28/monroe-county-legislature-president-sabrina-lamar-says-robert-fogg-her-choice-for-public-defender/65384873007/
https://www.rochestercitynewspaper.com/rochester/candidates-make-their-cases-to-lead-the-monroe-county-public-defenders-office/Content?oid=14523858#:~:text=The%20Monroe%20County%20Public%20Defender%E2%80%99s%20Office%20was%20created,with%20one.%20Annually%2C%20it%20handles%20thousands%20of%20cases.
http://www.thebuffaloattorney.com/
https://twitter.com/gcraig1/status/1552743762274689024
https://danielleponder.com/home "Some Will Be Brave"
https://www.democratandchronicle.com/story/news/2020/07/01/danielle-ponder-rejoining-public-defenders-office-boost-diversity/5358735002/

Ep. 20 - Texas Goddamn

Episode 19- Texas Goddamn – Show Notes
In this episode attorney, Mary Whiteside breaks down the tyranny emerging in Texas caused by the Republican controlled state legislature, which has enacted laws written by Dark Money funded political operatives like ALEC and SNP, groups designed to write right wing laws to benefit Dark Money donors and religious zealots .This unholy alliance has seemingly unlimited funding, which has been used to capture a large part of the Federal Judiciary including the Supreme Court.
What is happening in Texas is the plan for the rest of the country. This is the all hands on deck moment for democracy and the rights of the majority of its citizens.
MAIN POINTS: 
The Texas 6 week abotion ban was passed to please the religious zealot voting block (aka the pro-life voters). The specifics of the far right agenda is deeply unpopular with voters because it hurts everyone who is not extremely rich. Therefore, they needed to build a coalition of voters. The religious zealot voting block only focuses on overturning Roe v. Wade leaving the Koch politicians free to enact other policies without scrutiny. The Captured Supreme Court was installed to make sure Roe is overturned or gutted to the point of practical irrelevance. The Robert’s Court is fulfilling their promise to the Dark Money 
Texas enacts the Koch operatives’ long term strategy by passing the most restrictive voter suppression/restrictions, which is the key to permanently installing an autocratic Christian Nationalist minority. 
Part 3 looks at all the other laws Texas passed this year to advance the Koch project to make America hospitable for corporations and the ultra wealthy. 
CONCLUSION: We need to pressure the Democratically controlled Congress and President Biden to pass these laws. 
The Women’s Health Protection Act - This bill would establish a statutory right for health care professionals to provide abortion care and the right for their patients to receive care, free from bans and medically unnecessary restrictions that single out abortion care.
The Judicial Ads Act would require identification of donors who fund advocacy campaigns aimed at confirming their favored nominees. 
The Disclose Act
The For the People Act, The
Freedom to Vote Act
We also need to make our voices loud, especially with our state, local and national representatives. We need to spend our money strategically and stop giving money to fossil fuel and businesses that are using their wealth to undermine and weaken democracy.
Resources
https://www.texastribune.org/2021/08/31/new-texas-laws-september-2021/
https://www.khou.com/article/news/local/texas/new-texas-laws-2021/285-d5170afe-e39c-401f-a575-bf110bba780b
https://www.brennancenter.org/our-work/analysis-opinion/texass-proposed-voter-suppression-law
https://www.democrats.senate.gov/imo/media/doc/Captured%20Courts%20-%20Reproductive%20Rights.pdf 
https://www.npr.org/2021/07/09/1014579306/texas-republicans-have-a-new-voting-bill-heres-whats-in-it 
https://www.uclalawreview.org/the-equality-argument-for-abortion-rights/ 
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Ep. 19 - No Seriously, Eat the Rich

Episode 18- No Seriously, Eat the Rich – Show Notes
Appellate attorney, Mary Whiteside is joined by Professor of Rhetoric, Lee Pierce and today we are looking at how the legal system was rigged to protect the rich and well connected. To understand just how rigged the system is we have to understand a little bit more about the stinking filthy rich. This episode takes a peek inside their private jet lifestyle.
The unchecked accumulation of wealth creates a vast disparity of wealth distribution is the single biggest threat to humanity. We the People can unite to stop it. Tax the Rich to Save the Planet.
This podcast looks at the power behind the law. Law is about the rules that we as a society adopt. We think we can change those rules. But, can we? You cannot have an honest discussion about the law without acknowledging and talking about power distribution. The main reason the system is so broken is because it was designed by rich people, who rigged the rules to favor them and people like them especially when the rich people’s priorities come into conflict with poorer people’s rights. 
How do the rich really live? Beware, this isn’t some fetishized description of their indulgence luxuries.
2) For the rich, crime pays.
They don’t get prosecuted for the crimes they commit and if they do get prosecuted they receive light sentences, e.g. the Sacklers, Bernie Madoff.
Whereas, the poor get hammered by the system. The police and prosecutors project an image of being tough on crime and focused on law and  order, but in reality they ignore the crimes committed by the rich people, like tax evasion, corporate theft, wage theft, fraud, and vast criminal conspiracies like those perpetrated by the pharmaceutical companies. The police and prosecutors instead shift the public’s attention on individual crimes like assaults, smaller thefts, and drug dealing. They chose to wield the power of the state against the poor. 
3) What is the plan? Tax the rich to save the planet. It’s not super complicated, frankly.
CONCLUSION: The deadliest of the seven deadly sins is proving to be avarice. The accumulation of gobs and gobs of wealth derived from the underpaid labor of the masses. The ultra rich clearly aren’t going to give their wealth away because if they were they would already have done it. They are miserable, to benefit them and us Tax the Rich to Save the Planet.
Resources
https://www.simonandschuster.com/books/Jackpot/Michael-Mechanic/9781982127213
https://www.nytimes.com/2021/04/28/books/review-jackpot-super-rich-michael-mechanic.html
https://www.cnbc.com/2021/04/14/bernie-madoff-dies-mastermind-of-the-nations-biggest-investment-fraud-was-82.html
https://www.cdc.gov/mmwr/volumes/70/wr/mm7015a1.htm
https://nymag.com/intelligencer/2021/07/purdue-and-sacklers-agree-to-usd4-5-billion-opioid-settlement.html
https://www.wsj.com/articles/BL-WHB-4703
https://www.cnbc.com/2017/11/20/how-much-money-you-need-to-be-happy-according-to-wealth-experts.html
https://bookshop.org/books/jackpot-how-the-super-rich-really-live-and-how-their-wealth-harms-us-all/9781982127213
Article: Money Buys Happiness citing a study from Princeton University conducted by economist Angus Deaton and psychologist Daniel Kahneman
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Ep. 18 - Combating FakeNews at Home and Deepfakes in the Courtroom

In this special episode of May it Displease the Court, a podcast about how unjust the court system has always been, but especially in this age of rampant misinformation, produced specifically for The Big Rhetorical Podcast Carnival. The Carnival runs from August 16-19, 2021. Check out participating podcasts who all produced episodes incorporating this year’s theme “Contending with Misinformation in the Community and the Classroom”. The Carnival culminates with the keynote speaker, Dr. Renee Hobbs, Professor of Communication Studies at the Harrington School of Communications and Media and Founder of the Media Education Lab at the University of Rhode Island. 
Mary Whiteside, an attorney, is joined by expert guest, Dr. Amanda Cronkhite, an assistant professor at the US Army School of Advanced Military Studies at Fort Leavenworth. Dr. Cronkhite’s research focuses on the role of media and information in politics and national security. Her latest published research looks at #FakeNews and the handling of misinformation in the media.
This episode looks at how misinformation spreads throughout populations, as well as how easy it has become to create deep or cheapfakes, which may become a problem in courtrooms. Here are the highlights:
MAIN POINTS:
1) A small percentage of social media users share an overwhelming majority of the mis/mal or dis-information out there, especially if it confirms their existing prior biases. 
2) Strategies for combating misinformation or mal-information include:
teach individuals to check for fact-checking articles about a news story
trace the source of information 
read laterally, that is, check other sources' evaluations of the story's source
3) One type of misinformation, deepfakes, which are videos produced or altered to present content that never occurred in real life and the technology to produce videos has evolved so quickly that now it can be done cheaply even from a single image. Mary and Dr. Cronkite explore weather deepfakes can create a big enough doubt to be reasonable so often that they create a “liar’s dividend” as described in (Chesney and Citron 2019) that undercuts the existing legal system?
Resources
mis/dis/mal-info written: https://rm.coe.int/information-disorder-report-november-2017/1680764666
mis/dis/mal-info video: https://www.weareiowa.com/video/news/local/explaining-the-difference-between-disinformation-misinformation-and-malinformation/524-151c0a53-76d8-4481-842f-116a527f5ad4
Kahneman book https://bookshop.org/books/thinking-fast-and-slow/9780374533557
Peter W. Singer on media literacy https://time.com/5932134/cyber-citizenship-national-priority/
Estonia & media literacy https://www.educationestonia.org/finland-denmark-and-estonia-top-the-media-literacy-index-2021/
Foreign Service https://careers.state.gov/work/foreign-service/officer/
The Conversation is a website where scholars write about their work for the mass public. Some articles from there:How to not become a misinfo spreader https://theconversation.com/7-ways-to-avoid-becoming-a-misinformation-superspreader-157099
How to talk to misinformed family members https://theconversation.com/how-to-talk-to-someone-you-believe-is-misinformed-about-the-coronavirus-133044
https://www.washingtonpost.com/technology/2021/05/14/deepfake-cheer-mom-claims-dropped/
https://apnews.com/article/dc-wire-donald-trump-health-coronavirus-pandemic-election-2020-b7e929bb8d49b77d0922eae7ad3794b7
https://www.journalism.org/2020/09/28/many-americans-get-news-on-youtube-where-news-organizations-and-independent-producers-thrive-side-by-side/
https://www.pewresearch.org/fact-tank/2018/10/23/younger-americans-are-better-than-older-americans-at-telling-factual-news-statements-from-opinions/ 
https://www.npr.org/2021/06/17/1007472092/facebook-researchers-say-they-can-detect-deepfakes-and-where-they-came-from
 
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