Brad takes on a bunch of lies this week that just won't die this week -- from e-cigs to Ann Coulter's voter fraud to 'global cooling' to the death penalty to marriage equality in Mississippi and more...
The great patriots comprising Occupy Wall Street demonstrations across the nation hardly need my input on the "demands" they continue to try and narrow down and achieve consensus on. I'm quite sure they've got more than enough folks out there making their case for all manner of "demands" given the past 30 years (or more) of utter neglect, corruption and abuse the good citizens of this nation have otherwise been forced --- up until now --- to accept as "politics as usual."
Nonetheless, I've been meaning to ring in on this (and did so recently in a brief comment), so perhaps I should do so quickly here, where it's likely to catch a few more Occupied eyeballs.
I offer the following simple "demand" for consideration by OWS, as this one likely underscores almost every other. Or, at least, without it, all other demands may ultimately be rendered moot.
Here it is. One demand that seems simple enough --- and is as non-partisan as can --- for your consideration:
Every U.S. citizen 18 years of age or older who wishes to vote, gets to vote. Period. Those votes, on hand-marked paper ballots, will be counted publicly, by hand, on Election Night, at the precinct, in front of all observers and video cameras.
Please help spread this to the Occupiers if you agree its important. For example, Tweet it (or a link to this article) like mad (with #ows in the text), and/or spread it via Facebook and/or print it out and take it to a General Assembly at an Occupation near you!
Guest blogged by Ernest A. Canning, with Brad Friedman
In the wake of a violent, night-time confrontation with Occupy Oakland demonstrators last week by the Oakland Police Department (OPD) and some 15 other law enforcement agencies, questions have arisen about the legality of the tactics used by the agency during mass arrests which led to serious injuries, including the fractured skull of a two-tour Iraq vet.
Oakland's Interim Police Chief Howard Jordan has maintained that the use of chemical agents and other so-called "less than lethal" weapons were required in order to defend law enforcement officials from demonstrators.
However, a forensic analysis by The BRAD BLOG of video taken immediately prior to and during last week's raid and confrontation with Occupy Oakland demonstrators, creates doubt about the legality of the OPD decision to declare the demonstration to be an "unlawful assembly," and, in particular, raises serious questions about the veracity of the Interim Oakland Police Chief's claim that police "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."
Moreover, evidence in several of the videos suggests that the multi-agency task force may have violated both CA Penal Code Section 407 and an OPD Training Bulletin [PDF] that had been adopted pursuant to a federal consent decree signed by the Oakland PD after another confrontation with protesters some years ago.
That federal consent decree was the product of litigation initiated after a brutal assault on a 2003 anti-war protest at the Port of Oakland, during which, according to civil rights attorney James B. Chanin, OPD not only deployed so-called "less than lethal firearms," but ran over demonstrators with motorcycles, and shot and arrested longshoreman who were not even a part of the demonstration.
Chanin reports that, during a deposition in the 2003 case, he "discovered" that the OPD had "infiltrated a subsequent demonstration, and even a planned route the demonstrators would take." Video posted at the end of this article shows plain-clothed, under-cover cops mingling with demonstrators at Occupy Oakland, revealing that OPD used similar infiltration techniques during recent demonstrations as well. Audio included in the video captures Interim Chief Jordan bragging about the ease of infiltration.
Yet another video, also posted below, suggests that two-tour Iraq vet Scott Olsen's brain injury was likely caused by a member of the San Francisco Sheriff's Emergency Service Unit (ESU), but, despite reports from activists on the Internet, the identity of that officer is still an open question...
Over the weekend, we highlighted a video of a night court judge in Tennessee refusing to jail Occupy Nashville demonstrators after they'd been arrested, bussed downtown by state troopers, and detained for several hours in the wake of a seemingly arbitrary enforcement of a curfew in a public space where protesters had been camping out. As seen in that video, Judge Tom Nelson ordered the protesters released, telling the arresting officer, "You have no lawful basis to arrest or charge these people."
A similar scene played out after arrests on two nights in a row, where the judge refused to jail the protesters.
And now, late today, comes yet another, even larger victory for Occupy Nashville demonstrators, along with a stinging rebuke for the state's Republican Governor Bill Haslam. The turn of events is certainly great news for admirers of the U.S. Constitution and the Rule of Law and stuff, as the state has "declined to defend the governor's crackdown on protesters" in the wake of a lawsuit filed by demonstrators and the ACLU.
Additionally, the state will not challenge a federal judge's order banning further arrests of the demonstrators for the time being as the parties attempt to negotiate together. The state has even agreed to return confiscated tents, sleeping bags and other property taken from the protesters on the first night of arrests at Nashville's Legislative Plaza...
No wonder MSNBC buried Chris Hayes' new show in in the absurdly early hours of the weekend TV ghetto. He should be hosting, at a minimum, NBC's Meet the Press.
Had he been doing so for the last several years --- rather than the clueless elitists who have been, along with their weekly parade of meaningless softballs served up to similarly clueless elitist guests and panelists --- we likely wouldn't be in this mess.
Yesterday's compelling round-table discussion on UP with Chris Hayes, about so much that is actually at the heart of this nation's problems, follows below. I hope you will watch it...
An October 9 Time Magazine poll revealed that 89% of Americans agree that Wall Street exerts too much influence on our political system; 79% feel the gap between rich and poor is too large; 71% feel the executives from the major financial institutions responsible for the 2008 economic meltdown should be prosecuted; and that only 6% of Americans identify themselves as "Tea Party" followers.
Previous MSM efforts to either ignore what amounts to a genuine democratic uprising or to disparage Occupy Wall Street by falsely claiming the movement has no goal have obviously fallen flat. Against that backdrop, the corporate-owned Los Angeles Times launched a desperate effort to deceptively depict the movement as a transient phenomenon which has had its say and should now fade away.
Despite such efforts, neither the dire underlying conditions which have been brought on by history's greatest wealth disparity and the tyranny of the corporate security state, nor the people's desire to realize America's still-unfilled egalitarian democracy is likely to dissipate any time soon. As the Mavis Staples song says, "We shall not be moved!"...
But what we didn't realize at the time --- not apparent from the photo, but seen in the following, remarkable video --- he was also standing stone still as tear gas canisters were exploding all around him...
I can't help but look at the faces of the police in gas masks, presumably from the Oakland PD (though there were some 17 other agencies there that night) in that haunting video, as they look at the sailor, and wonder what they must be thinking to themselves as that hero stands facing them. We have previously written about the extraordinary violations of the First Amendment that have occurred across the country during these otherwise peaceful demonstrations. What thoughts are going through the minds of those men --- all of whom are undoubtedly also a part of the same "99%" for whom Occupy protesters are fighting --- during that moment?
[UPDATE: The sailor has now been identified as Joshua Shepherd. See his interview on DemocracyNow! here.]
And, as another photograph now reveals, look who happens to be standing right next to the sailor seen above, in the moments just prior to the Oakland PD's tear gas assault...
The words, "hypocrisy has its own elegant symmetry," appear in this short, but powerful documentary posted on October 10, long prior to last night's shocking scenes from Occupy Oakland.
The video contrasts the positions of our political elites in response to democratic uprisings in other countries against our government's response to the genuine democratic uprising we are now beginning to finally see in the U.S.A...
Once again, late last night, as is becoming a too-regular nightly ritual, after the 11p news was over, police moved in again to violate the Constitutional First Amendment right "of the people peaceably to assemble." And, for the second night in a row, late last night in Oakland, CA, it resembled a war zone as police in riot gear unleashed a punishing onslaught of "non-lethal" flash-bang grenades, rubber (and or bean-bag) bullets and tear gas --- hour after hour, round after round --- injuring demonstrators, including women, the disabled, and even Iraq War veterans...
The results were horrific, according to video, photos, and eye-witness reports as it all happened and was reported on Twitter, including this scene appearing to show a member of Veterans for Peace and Iraq Veterans Against the War knocked out by either a concussive grenade or a tear gas canister or another projectile, and being carried away...
[Update]: The veteran seen above was shot in the head and the UK Guardian is now confirming his name is Scott Olsen and that he is in "critical condition" with a "skull fracture and swelling of the brain" at Highland hospital.
"It's terrible to go over to Iraq twice and come back injured, and then get injured by the police that are supposed to be protecting us," his roommate, Keith Shannon, also 24, who served alongside Olsen as a Marine in Iraq, told the Guardian in a late follow-up today.
Other scenes were similarly gruesome and, yes, shameful...
Occupy Albany protesters in New York’s capital city received an unexpected ally over the week: The state and local authorities.
According to the Albany Times Union, New York state troopers and Albany police did not adhere to a curfew crackdown on protesters urged by Gov. Andrew Cuomo (D) and Albany mayor Gerald Jennings.
Mass arrests seemed to be in the cards once Jennings directed officers to enforce the curfew on roughly 700 protesters occupying the city owned park.
With protesters acting peacefully, local and state police agreed that low level arrests could cause a riot, so they decided instead to defy Cuomo and Jennings.
What part of the Constitutional First Amendment "right of the people peaceably to assemble, and to petition the Government for a redress of grievances," do so many of the other cops across the nation not yet understand?
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By the way, with Cuomo's attempted crackdown and Obama's former Chief of Staff, now Mayor of Chicago Rahm Emanuel's approval of the arrests of 175 peaceful Occupiers in Chicago over the weekend, can we stop with the "Occupiers are just fronts for Democrats!" bullshit yet?
As registered nurses --- a number of whom were held in jail for some 23 hours after being arrested Saturday night, early Sunday morning while offering medical services to demonstrators in Grant Park --- protested the arrests outside Emanuel's office this morning, he was quoted by the Chicago Trib as saying: "I have to enforce the law as well as respect peoples’ 1st Amendment rights."
And when those two things come in to conflict, which one do you suppose Emanuel decided took precedence over the other?
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Also...not from Albany, though somewhat related to the above. From from New York City, via ThinkProgress, a couple of weeks ago...
Apparently, disgraced former HBGary Federal CEO Aaron Barr just can't help himself.
The guy who lost his job and was publicly humiliated after promising to reveal the identities of the supposed leadership of hacktivist group Anonymous and getting caught devising a plan to illegally discredit, defraud and spy on perceived opponents of the U.S. Chamber of Commerce and Bank of America is now palling around with a self-appointed NYPD/FBI "snitch" at the Occupy Wall Street demonstrations and beyond, according to --- ironically enough --- emails accidentally released on the Internet by the "snitch" himself, Thomas Ryan.
These two are the government corporate welfare queens and "cyber security" clowns that can't shoot straight, it seems. But at least they have each other --- and your tax-payer dollars --- as they both work for highly remunerated, government contracted security firms. And while they each claim to represent different sides of the partisan aisle, strangely enough, as an investigation by The BRAD BLOG reveals, they've found common ground in representing government and corporations in their fight against We, the People.
Barr had been CEO of the U.S. government contracted firm HBGary Federal until earlier this year, after the firm was embarrassed when their hard drives were scrubbed, their websites hacked, Barr's Twitter account defaced, his iPad remotely wiped and some 70,000 of the "cyber security" company's emails were stolen and posted on the Internet by Anonymous in retaliation against Barr who, the hacktivist group claimed, was poised to release inaccurate information about the group's supposed "leadership".
Found among the treasure trove of Barr's HBGary emails was a $12 million plot being hatched on behalf of the criminal thugs at the U.S. Chamber of Commerce, the nation's largest and most powerful Rightwing lobbying outfit. The scheme was being secretly devised, according to the emails, by the Chamber's high-powered D.C. law firm Hunton & Williams along with HBGary and two other U.S. cyber security contractors, Palantir Technologies and Berico Technologies. Their plans were to smear, defraud, plant fake documents and spy --- even hack --- perceived political opponents of the Chamber.
The plot was accidentally discovered via Anonymous' hack of HBGary just days before it was to be put into action. The scheme was to take tools developed by the three companies with public money for use in the "War on Terror" and turn them against U.S. Citizens like myself and my family who were discovered to have been named as targets in the emails, along with photos and personal details about us. A number of progressive advocates and organizations, including other journalistic outlets, were also to have been targets of the Chamber's plot.
Also discovered among the emails was a parallel scheme being coordinated by the same D.C. law firm and the same three U.S. government-funded cyber security firms --- who had banded together to call themselves "Team Themis" --- to target perceived proponents of WikiLeaks, including Salon journalist Glenn Greenwald, on behalf of the corporate giant Bank of America. In both plots, HBGary's Aaron Barr was seen as the lead developer of the various extra-legal schemes.
Barr, who has claimed on a number of occasions to be a Democrat, became a public laughing stock and was forced to resign in shame last February on the heels of the revelations. But his proclivity for scheming against law-abiding U.S. citizens and his vendetta against members of Anonymous has yet to be assuaged, as evidenced by both his recent bizarre, blue-haired appearance at the Occupy Wall Street demonstrations in Manhattan, and his various collaborative appearances in recently released emails and several Twitter exchanges with the Rightwing Ryan...
That'll teach 'em to mess with the Military-Industrial Complex.
As the Washington Post reported earlier this month, Maryland's "Montgomery County Council resolution asking Congress to spend less on wars and redirect the funds to social programs has drawn the scrutiny of one of the county’s largest employers and other lawmakers."
Despite the non-binding resolution's [PDF] 5 to 4 majority support on the Council, it was withdrawn from consideration after "Bethesda-based Lockheed Martin," a giant manufacturer of sophisticated military weapons, "which employs more than 5,000 workers in Montgomery, urged county officials against the resolution."
The Lockheed lobbyists were joined in their efforts to derail the County Council's resolution --- supported by Democratic members of the council --- by Democratic state and county officials concerned about implications of insulting the weapons contractor giant, while officials in neighboring Virginia "gleefully watch[ed] from afar" as the two states are in frequent competition for billions of Pentagon dollars and the jobs that portend to go with them.
But Pentagon dollars are among the least efficient ways to increase jobs and wealth in any given community, as explained by John Feffer, a co-director of Foreign Policy In Focus at the Institute for Policy Studies and Jean Athey, a coordinator of Montgomery County Peace Action, a supporter of the now-withdrawn Montgomery resolution:
Spend a billion dollars on the military, economists Robert Pollin and Hedi Garrett-Peltier estimate, and you get about 11,000 jobs (just a little more than what Lockheed Martin employs in all of Maryland). Spend that same billion dollars on clean energy projects and you generate about 17,000 jobs. The same money invested in education produces nearly 30,000 jobs.
Nonetheless, Lockheed and other longtime members of the Military-Industrial Complex continue to work with public officials in exploiting the "jobs scam" in order to pit state against state, county against county and town against town to bilk tax-payers out of billions under the cynical rubrik of "job creation."
And when that doesn't work, there are other, darker methods that can be used to send the "right" message to those members of the public who might have the temerity to oppose their corporate interests...
The League of Women Voters sued on Thursday to block a new Wisconsin law requiring voters to present identification such as a drivers license at polling places, saying it would disenfranchise eligible voters.
The lawsuit, filed in Dane County Circuit Court, argues the state constitution allows only convicted felons and the mentally incompetent to be excluded from voting.
The new law creates a third class of people, those who do not have ID, said Andrea Kaminski, Wisconsin League of Women Voters Executive Director. Critics of the law say it would mainly affect minorities and the elderly, who may not have ID.
Not mentioned in the Reuters article is the effect the law is likely to have on student voters, as most WI student IDs have been disallowed for use as voting identification at the polling place, though some of those restrictions are being challenged via the WI Government Accountability Board (G.A.B.), the state's top election authority, which is interpreting the new measure.
Though the WI bill that was jammed through the state legislature by the Republicans who control it and signed by Gov. Scott Walker (R) allows for voters to receive "free" Photo ID at state DMV offices, many of the state's office are infrequently open, and some voters have documented difficulties in obtaining the free IDs even where they were able to take time from work or school and find a way to get to the DMV to go through the tedious process.
In July we reported on the story of a new voter whose residency was challenged after DMV officials rifled through his bank statement to determine whether there had been enough "activity" in the bank account to assure his residency. We also reported in the same story that state officials had explicitly instructed DMV workers to not notify applicants that their ID would be given to them for free, unless they specifically asked for it for the express purpose of voting. Otherwise, a $28 fee would be assessed on top of any costs incurred by the applicant, such as purchasing a copy of their birth certificate or passport or making their way to the DMV.
Kristina Boardman, Director of WisDOT's Bureau of Field Services explained to The BRAD BLOG at the time that the reason they've instructed DMV staffers to not ask applicants if the ID is to be used for voting purposes is because "the statutory language specifically puts the onus on the customer for getting the ID for free for voting."
The frustrating experience of the hopeful voter at the DMV was documented in a video tape recorded during the process which we posted along with our story.
As we also detailed previously, a 2005 study [PDF] by the University of Wisconsin-Milwaukee's Employment and Training Institute found that Democratic-leaning voters such as the elderly, ethnic minorities and college students are likely to be hit much harder by the new law than middle and upper-class white voters...
...the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Isn't that quaint?
Josh Holland takes a look at what happened to that apparently antiquated notion from the document which used to carry some weight in the way this country was governed, as he notes that some 1,500 American citizens have now been arrested while peaceably assembling to petition the Government for a redress of grievances over the past month since Occupy Wall Street began.
Last night, while the GOP debated Casino Capitalism (in an actual casino!), Give Me Liberty author and reporter Naomi Wolfe became one of the latest to have had her Constitutional right to peaceably assemble for redress of grievances taken away from her, as seen in the following video (in which that "Democrat Party-sponsored""mob" was attempting to petition Democratic NY state Governor Andrew Cuomo for a redress of grievances)...
Wolf wrote about her arrest seen above, "for standing lawfully on the sidewalk in an evening gown" at the UK's Guardian today, noting that she explained to the NYPD before she was cuffed that she was both a "NYC citizen and a reporter".
As her article's sub-header notes, "Arresting a middle-aged writer in an evening gown for peaceable conduct is a far cry from when America was a free republic."
"I became exhibit A in a process that I have been warning Americans about since 2007," Wolfe writes. "First they come for the 'other' – the 'terrorist', the brown person, the Muslim, the outsider; then they come for you – while you are standing on a sidewalk in evening dress, obeying the law."
So, where are all the outraged "Tea Partiers" who used to decry supposed abuses of the U.S. Constitution under our authoritarian regime? Oh, right, they were just pretending to give a damn about any of it...like good little scammed Fox "News" soldiers.
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P.S. Here's hoping Wolf makes out as well following her inappropriate arrest as Democracy Now!'s Amy Goodman did after hers.
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UPDATE 10/19/11: In her Guardian piece, Wolf explained that the NYPD had told her the permit for the event she was attending (an annual Huffington Post event which Gov. Cuomo was also scheduled to attend, thus the protesters) when she came across the #OWS folks, forbade protesters from using the public sidewalks outside the building. Suspecting the claim from the police was bullshit, she says she requested to see a copy of that permit prior to her arrest, but was not allowed to.
Since posting the article above, Wolf contacted me to note that she has finally tracked down a copy of the type of permit HuffPo had last night and --- surprise, surprise --- the claim by cops appears to, in fact, be bullshit...