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Lawful Assembly
Author: Cecil Cicirello and Craig Mousin
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© 2024
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The Lawful Assembly podcast teams up two divergent activists, a Secular Humanist Political Activist with an immigration lawyer and an ordained clergy to dissect politics, important legal issues facing the United States, and the role of religion in our political and legal landscapes. Its challenging conversation combines a bit of humor with lamentations over injustices, combined with equal measures of pragmatic cynicism and faith-filled hope. Engage with us as we navigate through the complexities of governance and justice, examining how beliefs and law intersect in the shaping of society. Lawful Assembly is more than just a podcast; it's a community dedicated to celebrating the power of people gathering together to inspire further understanding and activism where law, ethics, and compassion meet seeking the common good. Tune in, and be part of the conversation that ignites minds and hearts alike.
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Today Craig and Cecil discuss the differences in how groups use Christianity to shape their ideas on immigration. The chapter contrasting the Migrant 4 Life from MAGA Jesus and the immigration consequences of the Tower of Babel story, “A Migrant 4 Life Journeys to the New Tower of Babel: Christianity and Immigration,” can be found at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4769482 The chapter that discusses Ruth and the daily trial of innocence, “Nonrefoulement: Responding to Asylum-seekers Through the Prism of Subversive Stories: A Study of Three Trials of Innocence,” can be found at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4901648 Abrahm Lustgarten discusses the impact of climate on migration in “Refugees from the Earth,” July, 26, 2020 NY Times Magazine: https://www.nytimes.com/interactive/2020/07/23/magazine/climate-migration.html?searchResultPosition=1
Craig and Cecil talk about the election results, what to do next and how to move forward. Notes for this episode: Marcela Valdes, "What a Crackdown on Immigration Could Mean for Cheap Milk," NY Times Magazine, October 15, 2024: https://www.nytimes.com/2024/10/15/magazine/milk-industry-undocumented-immigrants.html?searchResultPosition=1 Harriet Tubman's quote came from Tiya Miles book, Night Flyer, Harriet Tubman and the Faith Dreams of a Free People, (New York, Penguin Press, 2024), pp. 234-5.
We spend much of this week's show talking about and playing clips from the Madison Square Garden Rally. We also cover some news stories about Elon Musk and a new defamation lawsuit filed against Donald Trump Trump at the Garden: A Closing Carnival of Grievances, Misogyny and Racism There’s a Big New Defamation Lawsuit Against Trump. It’s a Slam Dunk. Elon Musk, enemy of ‘open borders,’ launched his career working illegally Philadelphia DA sues Elon Musk over $1 million giveaway to registered voters : NPR For one example of biblical humor, see Elton Trueblood, The Humor of Christ (San Francisco, Harper & Row, 1964).
Our guest Today is Dr. Jennifer McCoy, Ph.D. She is a Professor of Political Science at Georgia State University. We discussed Pernicious Polarization, what causes it, and how to combat it. Overcoming Polarization Journal of Democracy, Volume 32, Number 1, January 2021, Johns Hopkins University Press Peter Marty's quote is from “Playing to the Crowds” in The Christian Century that can be found at: https://www.christiancentury.org/first-words/playing-crowds Craig has discussed the Abraham Lincoln statement in his op-ed, "Rescinding DACA: More than Just the Dreamers," Update, Association of Catholic Colleges and Universities (Fall 2017): file:///Users/cmousin/Downloads/Rescinding%20Daca--Update-Fall2017_stamped-3.pdf . Immigrants' List Civic Action has produced a video, "We Are America" which corroborates some of the economic information regarding how immigrants have contributed to the United States which can be found at: https://www.youtube.com/watch?v=90Gman2TwHE Lincoln's speech can be found in his “July 10, 1858, speech at Chicago.” The Speeches of Abraham Lincoln, Including Inaugurals and Proclamations (Lincoln Centenary Association, NY: 1908). Jennifer McCoy is professor of political science at Georgia State University and nonresident scholar at the Carnegie Endowment for International Peace. She was a senior core fellow at the Institute of Advanced Studies in Budapest, Hungary in spring 2019. McCoy was chosen for the inaugural class of Distinguished University Professorships at Georgia State University in 2013. Specializing in international and comparative politics, Dr. McCoy's areas of expertise include democratic resilience, democratic erosion, and partisan polarization; crisis prevention and conflict resolution; democracy promotion and collective defense of democracy; election processes and international election observation; and Latin American Politics. McCoy’s research program on polarized politics aims to identify the causes, consequences for democracy, and solutions to polarized societies around the world, including the United States. She coined the term “pernicious polarization” to refer to the political polarization that divides societies into mutually distrustful “Us vs. Them” camps, and undermines the capacity of democracies to address critical policy problems.
This week we talk about several news stories. All the stories are linked below. Megachurch pastor tells congregation to "vote like Jesus" by supporting Trump 'Trump Bible' one of few that meet Walters' criteria for Oklahoma classrooms FBI Kavanaugh probe tightly controlled by Trump White House, congressional report finds - The Washington Post DeSantis Threatening Jail Time for Running Abortion Rights Ads in Florida - TPM – Talking Points Memo Trump wages campaign against real-time fact checks - The Washington Post Dr. Bourbaine's quote can be found in Donald W. Shriver, Jr.'s book, Honest Patriots, Loving A Country Enough to Remember Its Misdeeds, (NY, Oxford Press, 2005), p. 284. Walter Brueggeman's quotes are from, The Land: Place as Gift, Promise and Challenge in Biblical Faith, (Minneapolis: Fortress Press, 2002), pp. 10 and 61. Further discussion of his ideas can be found in Craig's chapter on "Constantine’s Legacy: Preserving Empire While Undermining International Law" which can be found at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3960335 Our theme song, "Don't Fade Away" was co-written by Matt Yaney Tillar and Chris Inserra. We apologize to Chris Inserra for leaving her name out of the recording. "Don't Fade Away" can be found on the CD recorded by Voices, Dare the Untried. If you would like more information on this song or other Voices music, email us at lawfulpod.com. It appears the Oklahoma Superintendent is being sued for the Bibles: https://www.friendlyatheist.com/p/oklahomas-ryan-walters-sued-over?utm_source=post-email-title&publication_id=95153&post_id=150357512&utm_campaign=email-post-title&isFreemail=true&r=3en6fu&triedRedirect=true&utm_medium=email
This week we talk about the newest legal filing by Jack Smith in the DC Trump Case. We talk about what is in it and some commentary on the filing itself and the timing of the filing. https://static01.nyt.com/newsgraphics/documenttools/73357920e3c8d739/8fc8bfd0-full.pdf How Jack Smith Outsmarted the Supreme Court Opinion | Jack Smith Owes Us an Explanation
Sweeping bill to overhaul Supreme Court would add six justices Rudy Giuliani disbarred in D.C. over 2020 election scheme Trump turns to darker rhetoric as voting begins : NPR How Trump distorts immigration and crime data in new attacks on Harris - The Washington Post Biden Administration Cements Harmful Asylum Restrictions Two NIJC reports on the new Biden Asylum Rule "NIJC Condemns Decision to Finalize Anti-Asylum Rule Amid Rampant Rights Violations" which can be found at: https://immigrantjustice.org/press-releases/nijc-condemns-decision-finalize-anti-asylum-rule-amid-rampant-rights-violations?eType=EmailBlastContent&eId=7edf6b09-2975-49d7-a000-832758604c04 NIJC's report: "Six-Week Report: Implementation of the Biden Administration’s June 2024 “Securing the Border” Asylum Ban" which can be found at: https://immigrantjustice.org/research-items/Biden-June-2024-asylum-ban-six-week-report
We talk about several stories on this week's show and field a voicemail from a listener. Judge Aileen Cannon Failed to Disclose a Right-Wing Junket — ProPublica Marcellus Williams is executed despite prosecutors and the victim’s family asking that he be spared | CNN Haitian group in Springfield, Ohio, files citizen criminal charges against Trump and Vance - ABC7 Chicago Opinion | GOP lies about illegal immigrant voting will be the basis for election denial - The Washington Post Don Kerwin’s article, “The Trials and Consolations of Migrant-Serving Faith-Based Organizations,” August 27, 2024, can be found at: https://www.cambridge.org/core/journals/journal-of-law-and-religion/article/trials-and-consolations-of-migrantserving-faithbased-organizations/8AA0BC304F1CCFCF94BDDA9A332284F7#metrics Jennifer Rubin’s article, “The big lie of 2024: illegal immigrant voting,” September 24, 2024 can be found at: https://css.washingtonpost.com/opinions/2024/09/24/illegal-immigrants-voting/
We talk about several news stories this last week. We start by discussing the debates and then move on to talking about Ginni Thomas and the recent story in ProPublica enlisting help opposing SCOTUS reform. Judge Sets Deadlines in Trump Election Case, Saying Campaign Is 'Not Relevant' Ginni Thomas Email Praised Group Opposing SCOTUS Reform — ProPublica Justice Amy Coney Barrett describes coming home with bulletproof vest Steve Vladek's comments on the interaction between all three branches of government, "Bonus 98: The "Least Dangerous" Branch—Court Reform and Federalist 78," can be found at: https://www.stevevladeck.com/p/bonus-98-the-least-dangerous-branchcourt?utm_campaign=email-post&r=lv15c&utm_source=substack&utm_medium=email
TRAC at Syracuse University's report on legal representation, "Too Few Immigration Attorneys: Average representation Rates Fall from 65% to 30%, can be found at: https://trac.syr.edu/reports/736/ Dorothee Soelle's quote can be found in The Window of Vulnerability, A Political Spirituality, (Minneapolis, Fortress Press, 1990), p.7. 2025: https://static.project2025.org/2025_MandateForLeadership_FULL.pdf
We cover several stories in the news this week: The information regarding Georgia Governor Eugene Talmadge removing more that one million voters from his state's voter registration came from political scientist Rober Mickey in "American Needs Georgia Republicans to Defend Democracy Again," Mary Gay, The New York Times, August 29, 2024: https://www.nytimes.com/2024/08/29/opinion/georgia-election-board-certification.html "Top Military officer says he was wrong to accompany Trump on church walk through Lafayette Square," June 11, 2020: https://m.abc3340.com/news/nation-world/milley-says-he-was-wrong-to-accompany-trump-on-church-walk The photo with the words "All Are Welcome" at St. John's Episcopal Church in Washington, DC, can be found at: https://www.nytimes.com/2020/06/04/opinion/trump-st-johns-church-protests.html Stephen Carter was quoted from "Trump Isn't Going to Like the Supreme Couirt's Immunity Decision," (Bloomberg News, July 1, 2024: https://www.bloomberg.com/opinion/articles/2024-07-01/supreme-court-immunity-ruling-is-not-a-gift-to-trump Eric Foner's quote is from Reconstruction, America's Unfinished Revolution, 1863-1870, (N.Y., Harper & Row, 1988) at p. 423. Trump special counsel files new election interference indictment A new rule in Georgia could allow local election boards to refuse to certify results Conservative Republican Luttig endorses Harris, calls Trump a threat to democracy | CNN Politics Others Have Politicized Arlington, but Trump’s Approach Has No Precedent - The New York Times
Today we read the section of Project 2025 on the restructuring of the Department of Homeland Security and what that has to do with the future of immigration in possible Trump presidency. Show notes: Current USCIS Mission Statement: https://www.uscis.gov/about-us/mission-and-core-values Project 2025: https://static.project2025.org/2025_MandateForLeadership_FULL.pdf (Mission Statement is on page 134). Hannah Arendt discusses Germany's enhanced power of police (p. 287) and the impact of denaturalization (p. 296) in, The Origins of Totalitarianism (New York: Harcourt, 1976). I compare her discussion with the contemporary impunity of the Border Patrol and ICE in "Constantine’s Legacy: Preserving Empire While Undermining International Law," in Slotte, P., & Haskell, J. (Eds.). (2021). Christianity and International Law: An Introduction (Law and Christianity). Cambridge: Cambridge University Press at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3960335 Information on Pilgrim Congregational United Church of Christ: https://www.pilgrimoakpark.org/ Democracy Now podcast for August 28, 2024 regarding the Central Park 5 and Yusef Salaam: https://podcasts.apple.com/us/podcast/democracy-now-2024-08-29-thursday/id73802554?i=1000667140197 Here is the original podcast on Haiti: https://works.bepress.com/craig_mousin/107/
Today I ask Craig about the year 1968 and the Democratic National Convention. He gives me a history lesson on the year leading up to the riots in Chicago. References: Representative Alexandria Ocasio-Cortez 2024 DNC speech. Senator Raphael Warnock’s 2024 DNC speech. The Executive Summary of the “Rights in Conflict” report regarding indiscriminate police violence at the 1968 DNC. The dates discussed in 1968 came from “1968” from Wikipedia. The Catonsville 9 issued a report on their actions. Rev. Dr. Martin Luther King, Jr. addressed both the civil rights movement and his opposition to the Vietnam War in his April 4, 1967 speech at Riverside Church in New York City. Robert Reich describes the Social Security cap on payroll taxes which corrects Craig's statement about the cap in our previous podcast.
Craig took a week off recording to head to the woods of Maine to enjoy this summer. I have a short message for our listeners to help the show grow. Full show next week!
Today we talk about immigration myths and debunk the most common ones that will crop up this election season. The Refugee Convention and Protocoal Relating to the Status of Refugees (quote from page 5): https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees For information on non-citizens voting and how few cases have been found, see: https://bipartisanpolicy.org/blog/four-things-to-know-about-noncitizen-voting/ NBC Chicago produced a documentary on the issues related to finding housing for newly arrived asylum-seekers in Chicago when the state of Texas refused to coordinate with the City of Chicago: "Desde Cero: The Migrant Journey in Chicago," at: https://www.nbcchicago.com/news/local/so-many-people-in-tents-new-documentary-follows-migrant-families-struggles-triumphs-in-chicago/3446095/ Correcting the Record: False or Misleading Statements on Immigration - The Center for Migration Studies of New York (CMS) Law Abiding Immigrants - Stanford Law School Paul Krugman: “Immigration is Great for Jobs, Actually,” July 23, 2024: https://www.nytimes.com/2024/07/23/opinion/immigration-unemployment-inflation.html
Today we talk about President Biden's plan to reform the supreme court. We also field a question on how to remain positive in a world that inundates us with negativity. Democrats May Have a Real Chance to Reform the Supreme Court FACT SHEET: President Biden Announces Bold Plan to Reform the Supreme Court and Ensure No President Is Above the Law | The White House You can find information on the Lamp, Lifeboat, Ladder at: https://lamplifeboatladder.org/
We finish our conversation on recent gun decisions in the supreme court. We also talk about what we might consider good gun law. United States v. Rahimi (June 21, 2014); https://www.supremecourt.gov/opinions/23pdf/22-915new_ihdk.pdf Sophie Sherry's article in the July 23, 2024 Chicago Sun Times, "Domestic violence deaths spiked 110% in Illinois last year, adding to calls for passage of Karina’s Bill," can be found at: https://chicago.suntimes.com/crime/2024/07/23/domestic-violence-deaths-spiked-illinois-last-year-passage-karinas-bill?utm_medium=email&utm_campaign=072424%20Morning%20Edition&utm_content=072424%20Morning%20Edition+CID_8dd80202dd4aa1da542e049db79332bd&utm_source=cst_campaign_monitor&utm_term=Domestic%20violence%20deaths%20spike%20110%20in%20Illinois%20adding%20to%20calls%20for%20passage%20of%20Karinas%20Bill&tpcc=cst_cm Craig's op-ed, "Where Does One Stand on a Slippery Slope" discusses state laws prohibiting the concealed carry of guns in most states in the late 19th Century: https://via.library.depaul.edu/omvpubs/58/
We contiune our second ammendment discussion in light of the recent attempt on the life of the former president. We also talk about the dismissal of the documents case. New York State Rifle and Pistol Association, Inc. v. Bruen, 142 S.Ct.2111 (2022): https://www.supremecourt.gov/opinions/21pdf/20-843_new_m648.pdf To review Justice Breyer's list of scholars who have documented the historical errors within the Heller decision, see Bruen at pp. 2177-2179. McDonald v. City of Chicago, 561 U.S. 742 https://supreme.justia.com/cases/federal/us/561/742/ For more information on the decision by Judge Aileen Cannon, see Joyce Vance, "A Bad Decision" at: https://joycevance.substack.com/p/a-bad-decision?utm_campaign=email-half-post&r=3en6fu&utm_source=substack&utm_medium=email https://www.npr.org/2024/07/15/g-s1-10379/trump-documents-case-dismissed
Today is the first part of a series on recenct Supreme Court cases on the Second Ammendment. Today we talk about the District of Columbia vs Heller District of Columbia v. Heller, 554 U.S. 570 (2008): https://www.supremecourt.gov/opinions/boundvolumes/554bv.pdf Giffords Law Center to Prevent Gun Violence: https://giffords.org/lawcenter/gun-laws/litigation/ Craig has previously written on gun control issues: "Where Does One Stand on A Slippery Slope?" at: file:///Users/cmousin/Downloads/Slippery%20Slope_stamped-3.pdf
We are releasing a little early this week because this is an important episode and much of the week is a holiday. Trump v. United States: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf "The Man for All Seasons" (Final Scene): https://www.youtube.com/watch?v=ODejZPHC9vU&t=2s Dr. Susan Thistlethwaite "Fight On" on Substack: https://susanthistlethwaitewaite.substack.com/p/fight-on?publication_id=1360431&post_id=146086140&isFreemail=true&r=3ag8ix&triedRedirect=true&utm_source=substack&utm_medium=email Cuyahoga River fire: https://www.smithsonianmag.com/history/cuyahoga-river-caught-fire-least-dozen-times-no-one-cared-until-1969-180972444/
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