10/9 Horror In Israel/Palestine; ‘Legal’ Theft Of Indigenous Land w/ Orly Noy, Peter d’Errico

October 9, 2023

Happy Monday! Sam is off today, but in honor of Indigenous People’s Day he spoke with Peter D’Errico, professor emeritus of legal studies at the University of Massachusetts, Amherst,  about his recent book Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples. But first, Emma spoke with Orly Noy, editor at Local Call and chair of B’Tselem’s executive board, to discuss the recent fighting between Palestine and Israel.  Emma also walked through on the UAW’s labor action, Donald Trump’s assessment of RFK, a devastating earthquake in Afghanistan, and Gavin Newsom’s regressive veto campaign, before stepping back to look at the role of Israel’s ongoing apartheid state and Bibi Netanyahu’s genocidal government in pushing this conflict to its breaking point. Orly joins the show from Jerusalem, as she updates Emma on the state of war within Israel and Palestine, even as far from the primary conflict as Jerusalem is. Next, Noy parses through Bibi Netanyahu’s response as a perfect encapsulation of his political agenda, completely committing his power to punishing Gaza and Palestine, and shoring up his own political station. Expanding on this, Noy walks through the failure of the Israeli government to even provide safety for Israelis, dedicating their forces to a genocidal response and leaving civilian safety to civilian organizers, before she and Emma step back and assess the evolution of Netanyahu’s approach (or lack thereof) to Palestine, pulling every maneuver to bypass them politically, while maintaining a strict and severe military occupation. Wrapping up, Noy assesses Hamas’ outcast role in Palestinian politics and military resistance, and why ground invasion would be an incredibly dangerous development for the already criminally fragile open-air prison that is Gaza. Professor D’Errico then walks through the evolution of the doctrines of settler colonialism in what is now the United States, with the doctrine of Christian discovery that launched the colonial era from Spain and England setting the stage for the US’ own domestic justification for the “manifest destiny” agenda. Expanding on this, D’Errico and Sam explore the central cases in the establishment of Chief Justice John Marshall’s ‘Marshall Doctrine’ in Indian Law, which actively committed to the perspective of Christian dominion and discovery, and asserted the native peoples as a sub-human class unable to look after their land. Next, they look to the post-Marshall evolution of the doctrine, with the Court carrying its vision forward while slowly obscuring its origins, seeing it affirmatively cited even by supposedly progressive justices like RBH, without reference to Christianity. After expanding on the Marshall Doctrine’s secondary purpose as a reinforcement of federal domination over the states, D’Errico wraps up by walking through the contemporary battles over the Marshall Doctrine, the push for full assimilation of Native territories, and the need to bring the origins of the doctrine back into full public view.

And in the Fun Half: Emma and Matt watch Jordan Peterson’s homophobia get easily sliced by Jim Jeffries, Lucy from Tallahassee dives into her perspective on DeSantis’ culture war, and Mustafa Barghouti makes an impactful appearance on CNN in the wake of Hamas’ attacks this weekend. Nancy Mace has no response to her support for alleged perpetrators and SA supporters Jim Jordan and Matt Gaetz, Jacob from Alabama discusses the Marriage Penalty on social benefits, the UK’s right-wing spiral continues, and Alfred from Texas puts forward a counterfactual to assuage European culpability on Indigenous Peoples Day, plus, your calls and IMs!

Check out Peter’s book here: https://www.bloomsbury.com/us/federal-antiindian-law-9781440879210/

Check out Orly’s work here: https://www.972mag.com/writer/orlyn/

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