Judge Cannon's Fumble, Fairplay's Victory, and Israel's War on Journalism
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On today's show, Ralph welcomes back Constitutional Law Expert Bruce Fein to dissect Judge Aileen Cannon's dismissal of Donald Trump's classified documents case in Florida. Then Ralph is joined by Haley Hinkle, Policy Counsel at Fairplay, to discuss their FTC complaint against the messaging app "NGL" and what their victory means for children's safety online. Finally, Ralph speaks with journalist John Nichols about the state of journalism in Gaza, as well as the state of the Democratic Party. Bruce Fein is a Constitutional scholar and an expert on international law.  Mr. Fein was Associate Deputy Attorney General under Ronald Reagan and he is the author of Constitutional Peril: The Life and Death Struggle for Our Constitution and Democracy, and American Empire: Before the Fall. I think that here, a little brief history speaks volumes of logic. The modern special prosecutor Ralph and I experienced directly during Watergate, it stemmed from the coverup of the Watergate burglars’ funding by the Republican National Committee to try to save Richard Nixon. And when the Attorneys General John Mitchell and Richard Kleindienst had been convicted of crimes, the vacancy was there, and Richard Nixon nominated his Secretary of Defense Elliot Richardson…[the Senate Judiciary Committee] insisted that they would never confirm Elliot Richardson unless he created the special prosecutor and appointed Archibald Cox. Because they could not trust the executive branch to investigate itself—that's the absence of separation of powers. You can't have the executive branch be a judge in its own case. So the purpose of the special prosecutor was to strengthen separation of powers by ending the absolute control that the President or Attorney General would have over prosecutorial decisions.  Bruce Fein Haley Hinkle is policy counsel at Fairplay, where she advocates for laws and regulations that protect children and teens’ autonomy and safety online. Ms. Hinkle has also worked on issues at the intersection of government surveillance technology and civil liberties.  What we have seen over the last couple of decades of the Internet with these types of anonymous platforms that encourage either anonymous messaging within your peer group or within a specific geographic area…is that encouraging minors to talk about and to each other anonymously within a limited community always leads to really horrific cyberbullying outcomes. Because anonymity empowers people to say things they wouldn't normally say.  Haley Hinkle The other piece [of our FTC complaint] is really trying to shift some responsibility onto tech itself for considering specific issues and harms and specific safeguards and tools that will help make kids and teens more safe, and help their parents understand that there are certain default protections in place. And that's why we've really been advocating for the Kids Online Safety Act to try to shift responsibility onto the platforms to consider specific harms in the duty of care…at the point of product design rather than trying to address these things after the fact. Haley Hinkle John Nichols is a national affairs correspondent for the Nation, and associate editor of the Capital Times. He has written, co-written, or edited over a dozen books on topics ranging from histories of American socialism and the Democratic Party to analyses of US and global media systems. His latest, co-written with Senator Bernie Sanders, is the New York Times bestseller It's OK to Be Angry About Capitalism. What has taken so long for international media in general to pay attention to the circumstance in Gaza? Not just talking about reporting from on the ground, but to give it the priority, to give it the seriousness that it has long deserved. For generations. And so this is part of a much deeper problem, part of a much deeper challenge.  John Nichols The last couple of months, I think, have caused media organizations to frankly feel a measure of shame for thei
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