Thousands rally in Denver against wall and Muslim Ban

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DENVER, COLORADO- Thousands streamed into Civic Center Park to spend Saturday afternoon listening to speeches against President Trump’s MUSLIM BAN. Lots of families with kids so I kept my sign on the fringe pointed outward. I don’t usually favor profanity but this slogan was spotted at New York’s JFK airport last Satruday, then replicated across the country the same weekend. I spotted several at the Denver rally AND in Colorado Springs, because I think, NOT TODAY MOTHERFUCKER says it best. Racism, bigotry and wanton abuse of power is obscene.

How I nearly got arrested for holding a sign at Denver International Airport

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DIA, COLORADO- Last weekend I joined thousands across the country protesting Trump’s executive order restricting entry visas from seven predominantly Muslim countries. Spontaneous demonstrations had erupted at international airports nationwide on Saturday January 27. Denver’s airport was no exception but the lively gathering of sign holders was ultimately persuaded by police to leave the premises. Supposedly a permit was required to hold signs. Demonstrators the next day were quickly ushered outside, to rally instead between the terminal and adjacent lightrail station, where only a tiny fraction of travelers would see them. This much we knew as we monitored events online while we reconnoitered DIA from the short-term parking garage. We made our way swiftly to the International Arrivals doors at the north end of the main terminal WITH OUR SIGNS.

International Arrivals
The point was to reach immigrants, right? We walked to our intended protest spot unhindered and inconspicuous, because of course signs are not an unusual sight at an airport. Travelers who’ve been a long time away, in particular soldiers returning from deployment, are frequently greeted by family members holding signs. Often limo drivers have to page their corporate clients. We carried our placards with their message facing inward hoping they’d be mistaken for everyday signs. When we raised them above our heads we attracted immediate attention. They read “#NO MUSLIM BAN #NO REGISTRY, END WHITE PATRIARCHY” and “FIRST THEY CAME FOR THE MUSLIMS AND WE SAID: NOT TODAY MOTHERFUCKER.” Immediately a man with a “DIA Operations” cap informed us that we weren’t allowed to hold signs. We assured him the opposite was true. He called for backup.

We weren’t alone in front of International Arrivals. In addition to the families awaiting loved ones, there were a couple dozen law firm employees holding signs which read “Pro Bono Immigration Legal Services”. We surmised that their presence might have already been negotiated with DIA. Soon a couple of those lawyers approached us to announce loudly that the public protest was outside the building and that we could continue there unmolested. We thanked them for their assistance but urged that they also clarify publicly that we were within our rights to stay inside as well. I was upset that their gravitas, as lawyers, was seen as supportive of the authorities telling us to stop.

Police officers arrived in short order, a first one filming us with a digital point-and-shoot, then a second filming with a cell phone, both surely streaming to a command center. After six officers assembled, a sergeant approached us flanked by two DIA employees. She gave us our formal warnings. We were given instructions to “cease and desist” while we countered that we knew our rights. After a second warning we were assured that a third would mean our immediate arrest. We held our signs higher, all the while asserting their order was unlawful. The immigration lawyers huddled as far away from us as they could. Sgt. Virginia Quinones then got on her phone to consult somebody.

I recount this scene like it was a nail-biter, but of course we’ve held this standoff many, many times before. For activists with Occupy Denver, it’s become the routine. I was wearing an OD hoodie on this visit to DIA and I suspected whoever was on the line with Sgt Quinones had likely dealt with OD before. To be honest, this standoff too often does lead to arrest, so we were not proceeding without trepidation. Denver jail is an excreble experience. But it’s an unlawful arrest and that’s where we have to push back. As the sergeant kept talking, she and her entourage retreated. We stood our ground smiling and winked to each other. For onlookers however, the tension lingered. Several lawyers approached us to offer their cards, in case of arrest.

Intimidation
Though we were confident about asserting our rights, the six officers standing at the ready made it near impossible to entice other sign holders to join us. Our encourgements would be followed by the DIA operatives offering their advice to the newcomers. Nearly every newcomer opted to go outside. Only after hours of detente, with officers projecting a more relaxed inattentiveness, did we succeed in building a consensus of demonstrators.

In the meantime DIA operatives installed queue barriers to keep us from intermingling with the lawyers and family members waiting for international travelers. This strategy might also have meant to force us into the flow of passengers entering the nearby security check. We stood clear and even as our numbers grew, no obstruction occured.

One interesting fellow, a Mr. Gene Wells, wore a jacket with a message taped on its back. It read:

“D. TRUMP
IS A SMALL MAN
WHO CONTINUES
TO SHRINK
AS A PERSON”

with the letters diminishing in size every line. He was warned by DIA personnel that he could only wear his jacket outside. DIA operatives wouldn’t leave his side as he walked through the terminal, but abandoned their effort to intimidate him as he rejoined us at the arrivals door.

A couple of travelers joined in before they had to catch a flight, they held signs they’d printed that morning at their AirBnB. We were joined by Quakers and even a former Denver Occupier. At most we numbered eight, compared to the hundred outside.

The protest outside
The protest outside was seen only by those travelers arriving or leaving by light-rail. And potentially by only half of those departing DIA through the B and C terminals, whose security check queue necessitated passing the windows facing the south. Perhaps. Most travelers approaching security aren’t lingering to take in the sights. The other half of passengers departing DIA go through the north security check, or over the walkway to Terminal A.

All arriving passengers, on the other hand, enter the main terminal from the north or using the underground train. They pass through the center of the main terminal before exiting at the baggage claims to the east and west. International arrivals enter the terminal from the north and proceed directly to parking or ground transport. If they are met by family they are very UNlikely to be riding the light-rail to downtown Denver.

While the protest outside did garner local television coverage, it was prevented from reaching immigrants or those awaiting arrivals, to convey the solidarity which those who opposed the Muslim Ban wished to express.

Inside our signs prompted a constant stream of public support. Passing travelers gave us thumbs up, high fives and thank yous. Muslims shook our hands and offered their heartfelt thanks. A couple gentlemen made speeches expressing their pubic appreciation of what we and the lawyers were doing.

Permits
The DIA operatives kept explaining that protesters need only apply for permits. The catch was that they required seven days advance notice. And of course activist do not expect permits to be granted.

One of the Quakers who joined us expressed confidence that her group would be granted a permit to protest at DIA. She explained to me that she was personal friends with the new Denver DA.

I told her applying for permits set a bad precedent. Asking for permission implies those rights are not already protected by the First Amendment. Permits also restrict others to the code of conduct agreed by those who signed permit agreements. Often permits are used to exclude public participation on public grounds temporarily reserved for the use of the permit holder.

Worse, the police can intervene when “others” aren’t abiding by the permit agreement, when they aren’t complying with police intrusion, or aren’t acquiescing to the authority of the permit holder.

Never the less, this Quaker wanted to inform me that as the anticipated holder of the permit at DIA, she wished to invite me to participate with her group. However, she anticipated that her church colleagues would be made most uncomfortable by my sign (which ended with the word “motherfucker”). So if I did choose to join, she was expressing her preference that I not bring my sign.

Fallujah the Opera

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Vancouver has staged an opera about Fallujah. Not about the massacre of its people as the US invaded Iraq, where civilian refugees were forbidden to flee from the incoming assault, where entire families were shot from helicopters as they tried to escape across the river, but the human tragedy of what the genocidal US soldiers had to endure. PTSD. That’s apparently what’s commemorable about the war crime of Fallujah. That “Fallujah”.

Attention National Mall: the Oppression of Women Belongs in a Museum

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Spotted in DC at the J21 Women’s March. Advocates are marching for a museum to highlight the history of the oppression of women, as a tool to relegate oppression to the past, instead of where Trump’s inauguration wants to take it.

It’s always been America First

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President Trump doesn’t want to complicate the argument by naming multi-nationals or offshore fortunes. Instead he implicates other nationalities as having usurped ‘Murcan interests. No more, he insists, “America First!” As if it hasn’t always been only ever that. American policy, foreign aid and wars have only ever served American purposes, and while big capital has reaped the benefits, its nationalist cover was wrapped in the Red White and Blue. Worse than Trump knowing nothing of history is the media’s eagerness to fill the vacuum with distortion. “America First” they decry, harks back to isolationist movements opposed to US entry into World War Two and before than The Great War and before that our Spanish American War of Expansion. Yeah, how about we call those isolationists what they were, pacifists and anti-imperialists?

Dear Trump: the arc of moral history does not bend toward your man-cave

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Donald Trump’s inauguration presents a timely opportunity to hammer at his crass misogyny. Slogan-wise, THE ARC OF HISTORY BENDS TOWARD EQUALITY gets my vote for spot-on feminist rejoinder. I also like HELL HATH NO FURY, YOU SORRY ILLITERATE! The latter has a better chance of becoming true. The women’s march planned on Day One of Trump’s presidency already confirms Shakespeare’s adage. So what about MLK’s truism, about the arc of the moral universe being long but bending towards justice? That’s the consolation that keeps liberals from despairing as they encounter endless setbacks. Is it true? The inevitability of progress is inexcusibly Western-centric. If you measure your arc with indigenous cultures at the baseline, the moral universe trips at monotheism and never recovers. Measured from the customary Dawn of Civ, Trump’s election as mankind’s exemplar ideal, now leader of the free world, is surely the most abrupt signpost to the contrary. We’re tracing the arc of a handbasket.

March on DC with your own protest message, not one dictated by NGOs. Yes, you’ll need a banner and poles.

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Denver Womens March 2012Organizers of the post-inaugural WOMEN’S MARCH in Washington DC this weekend are telling participants not to bring poles for signs or flags, or even knapsacks. Ha ha ha. As you travel across the country to march, remember who’s making the real sacrifice. The march coordinators are paid. You are spending the time and expense because you have something to express. Bring it. The only reason organizers want you unequipped is so your [rogue] message won’t stray from theirs. Does that sound democratic? They also have a different goal than you. Their mission is to pull off a smooth event. Yours is to make history.

As a veteran of countless protest marches, national, regional and international, I encourage newcomers to stick to their nonconformist inclinations. Independent critical thinking is what led you to take action in the first place.

To begin, THIS IS YOUR MARCH.
Washington DC belongs to you. Inauguration Day and its aftermath belong to you. Just because someone squats a Facebook event on a day conducive to public gathering doesn’t give them dibs to call the shots. A stand-alone call to arms, such as MLK’s Million Man March or CodePink’s A Billion Rising, is another matter. Spontaneous uprisings against historic events are no one organization’s to control or temper. Especially if they begin with capitulations to the state.

Here’s the usual pattern. After a FB event goes viral, nonprofit activist groups jump in to offer their expertise, resources and manpower. The nonprofits thus dominate the details and the event originators have little ground to object. Thrilled to see “their” event succeed, these new-to-the-spotlight activists don’t know that street protest is anathema to nonprofits whose existential foundation is not to disrupt politics as usual. Falling into the trap of coordinating ineffective demonstrations is often blamed on newbie error, but in Washington DC, newbies making the newbie mistakes are employees of nonprofits seeded to pretend the event had a grassroots origin. What the NGOs are really doing is setting a prescribed burn, or backfire.

Backfire: a fire set intentionally to arrest the progress of an approaching fire by creating a burned area in its path, thus depriving the fire of fuel.

Bastards! Fortunately backfire has a further meaning, probably not unrelated to the sketchy forestry strategem.

Backfire: rebound adversely on the originator; have the opposite effect to what was intended.

Just as DC lobbyists monopolize your representatives, professional activists have staked out the capitol and squatted on what is the public’s only access to speak to power. Accept their invitation to come to DC. Thank them for their legal support, their logistics and water bottles, but you’ll handle your messaging thank you.

NOTES FOR NEXT TIME
(If you’d prefer not to dwell on criticism, please skip to the section on RULES. For me, these counterproductive “mistakes” set us back every time we give them a pass.)

1. Telling participants they can’t bring stuff like food or chairs! The event’s duration is being throttled to what can be endured between meals, without a pause for rest. Do you go to meetings without chairs? In the cold outdoors one can’t even sit on the ground.

2. Hiring private security contractors, “some identifiable, some undercover”. WTF? DC’s cops, National Guard, Secret Service, and “Shadow Teams” aren’t enough?

3. Coordinating with police. What? What?! To whom Black Lives Can’t Even Matter? Sorry no.

4. Stifling expression with limits on how to carry signs. Without sticks. “Flags but without poles.” Restricting marchers to signs reinforced with only cardboard tubing. Viewed from a perspective to show the numbers, the march will bear no legible message at all.

5. Telling marchers they must handcarry small bags. You’d think they don’t want marchers’ hands free to carry signs at all.

6. Stooping to a permit, as an excuse to self-police and make participants feel honor bound to unecessary concessions (the permit terms). You don’t need a permit for First Amendment activities. NGOs use permits to effectively reserve public areas and restrict their concurrent use by others. It’s a means to control public space.

7. Scheduling the march on the day after the main event, in time to disrupt nothing. Diluting the inherent outcry, expending from everyone’s discretionary resources to converge on DC. As a result we’ll have two mobilizations. Both massive, hopefully, intead of one which could have TIPPED THE SCALE.

RULES ARE
Meant to be broken. Permit holders can enforce rules within the confines of their event area, with the assistance of authorities if needed, but not outside it. Organizer “rules” can’t be enforced on Metro, or on public streets, or along march route. DC police may pretend they have that authority but they don’t. Cops lie. Know your rights.

To hold a sign where it’s visible in a march, and big enough to where it can be seen among multitudes, you need poles.

BRING POLES.
There is no safety reason whatsoever, in Washington DC, for forbidding the use of sign poles. We’ve seen pole restrictions attempted at national conventions, in close-in urban areas with vulnerable storefront windows, but Washington’s boulevards and setbacked facades evolved with political marches. Demonstrations, parades and motorcades are everyday for DC. Your sign poles pose zero threat and you don’t have to relinquish them. Not Post-911, nor in the Age of Trump. If an NGO-deputized cop won’t allow your entry to their rally, their privatized-park, have someone wait with the contraband outside its bounds. Banners are best seen on the edges of rallies anyway. When attendance numbers reach overload, you’re golden. Move with the numbers. Otherwise wait and join in as the march departs from the rally.

What’s best for poles? Lengths of bamboo from garden nurseries. Bamboo is stiff, light, and utterly non-threatening. Eight footers will hold a banner above marchers’ heads while still allowing you to rest the poles on the ground when the march lags. Six foot lengths give you adequate leverage to keep the banner taut but are more work. Either are cheap and expendable. Bring extra. Bamboo are thin enough to hold reserve pieces bundled. You can grasp a bundle of three as readily as a single pole. Those extra poles can be allocated as you see other marchers in need.

Let’s rule out pipe, lumber and dowels for being too heavy. Broom handles are expensive. Wooden stakes are uncomfortable and too short, and apparently, too “pointy”.

Various widths of PVC are rigid enough to about eight feet. Steel electrical conduit can give you ten feet. Both are cheaply available at neighborhood hardware stores. The baggage holds of charter buses can’t accommodate pieces over eight feet.

Alternatives to fixed lengths poles would be telescoping poles such as hiking sticks or monopods. Usually these do not extend beyond five feet. Longer telescoping tool handles used for painting for example extend but won’t contract to shorter than five feet or so.

Sectional poles such as geodesic tent poles can be folded to different length permutations. Depending on the weight of your banner material, multiple tent poles may be required to provide sufficient stiffness.

The benefit of collapsible poles is that you can conceal them until you are ready. Provided you have a BAG.

BRING A BAG
There are plenty of ordinary reasons to need a bag. Lunch. Extra layers of clothing. Hat, sunglasses, bandana. Extra gloves, hand warmers, snacks, literature to share, stuff handed you at the rally.

As a banner holder you’ll need supplies like duct tape, markers and string to fix signs, and those aforementioned extra tent poles. Maybe a backup banner or gag props for an alternative photo op.

We bring bags to work, school and play. Who expects that a day traversing DC doesn’t call for a bag?

Don’t be fooled into believing that for safety reasons all bags must be clear plastic. DC surveillance can spot the excess heft of dangerous materials such as explosives or weapons, without having to see them. What they’re really looking for are items like ropes, carabiners, harnesses, goggles, which activists can use for nonviolent fun, to mix things up and entertain, provide media moments and get attention.

Besides which, clear bags will make for unsightly messy photos. Neither does your bag need to be restricted in size. Bring a backpack or knapsack. Leave your hands free to carry that sign!

The best reason for you to shoulder an ordinary opaque knapsack is to give cover for others to bring bags with necessities you overlooked. Cameras, accessories, extra socks, bullhorns, batteries, umbrellas etc.

There’s nothing so heartbreaking as a mass of people who’ve come from across the country to participate in a march that goes nowhere. An uneventful demonstration garners no press, wins no recruits, and only burns out those who thought they came to DC to effect change.

I watched half a million hispanic Americans assemble on the National Mall for Immigrant Rights. Many of those half million took a great risk marching in DC. It’s possible many as a result were deported. They could only follow the rules of course, received no media coverage, and accomplished fuck-all.

BRING CHAIRS
Come to DC with a demand, but bring more than the leverage of numbers. Carry with you the potential that you might LINGER. That’s the pressure the media can’t ignore.

Chairs, umbrellas, canopies, tents, enhance your stamina and protect you from the elements. The longer your protest runs, the more time there will be for latecomers to join in. That’s the momentum the state is worried about. Project that.

“Power concedes nothing without a demand. It never did and it never will.” – Frederick Douglass

Douglass also said: “If there is no struggle, there is no progress.” Your march organizers have promised their DC colleagues a toothless beast. It’s not what they tell their donors, nor how they phrased their invitation to you. You brought your physical body to DC to support the cause. Is it theirs to squander?

Don’t just commemorate Martin Luther King, avenge him

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Reclaim MLK, yada yada. Yes, reclaim his radical persona from the academics and religious leaders who have painted his example to be an uncontroversial conformist. Commemorate MLK, reclaim him, fine. Wouldn’t that begin, at a minimum, by deligitimizing his assassins? How universal is recognition of Martin Luther King if the government agencies which killed him are unaccountable and still broadly in charge?

SEAL Team Glossary includes Canoeing, Winkler Hatchets & Bleed Out Videos.

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You won’t find these terms in the indexes of the countless books praising SEAL Team 6. But they feature prominently in an Intercept exposé about the war crimes of America’s most famous death squad. “Bleed out” videos are passed among operators, as Special Ops mercenaries are called, featuring their victims bleeding to death as they are taunted by their murderers. “Canoeing” is the act of aiming a final gunshot through the top of the victim’s forehead such that the head splits open to form a V like the bow of a canoe. Canoeing Photos of faces spilling over with brains, such as the proof-of-death pic of Osama bin Laden, are then taken for the official record, including the team’s formal scrapbook. “Devil’s Guard” is an obscure war novel that glamorizes Nazi attrocities including fictional methods of inflicting state terror. Title 50 authority is the so-called license which US Special Ops have to partner with allied commandos to form death squads. Winkler hatchets are tomahawks made by craftsman Daniel Winkler for the SEAL Team 6 Red Squadron, known as the redmen, who are expected to bloody their hatchets as they conduct their raids. Using the hatchets to collect DNA hair-follicle samples for the Redmen means flaying their victims and returning with scalps, fingers and other disfiguring momentos. Another insight revealed by the Intercept: The British aid captive Linda Norgrove, who was killed during a botched rescue attempt, wasn’t killed by her captors, but by a grenade thrown at her by a Seal Team operators, perhaps because the goal of reaching Norgrove was not rescue but exposure control. Linda Norgrove worked for DAI, Development Alternatives Inc, an American NGO, a cover for being an agent for MI-6. The glossary we already knew: Blue Squadron, known as the Pirates; Gold Squadron, known as the Crusaders or Knights; Silver Squadron; and Red Squadron, known as the Redmen.

F U and the horseshit you rode in on

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Barack Obama is an impressive speaker and a figurehead to make you proud –if you’re not listening or paying attention to what he’s doing. How sickening the fawning over his last addresses and his supposed legacy. Obama was the antithesis of Dubya, now Trump. Obama was probably the world’s most palatable politician in recent memory, but what he said and did was no less nauseating. And damnable. I can sympathize with onlookers mourning the loss of America’s gloss coat. Trump is the ugly face that is Obama unmasked. The king is dead, long live the ugly disreputable can’t-bear-to-listen-to-him king. Frankly, it wasn’t long into his doublespeak that I couldn’t stand listening to President Obama either.

I am being prevented from defending myself in Denver Municipal Court

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What I filed today in Denver Municipal Court, as my jury trial is about to begin…

DEFENDANT’S ASSERTIONS, NOTICES, OBJECTIONS AND SUPPLEMENTAL RECORD
The Defendant, Eric Patrick Brandt – sui juris and pro se, having been ordered silenced by the judge from making any record of objections, arguments, or any other statement in retaliation for challenging the validity of the judges authority and needing to ensure sufficient record of defendant’s concerns and objections, do hereby enter into the record numerous documents anticipated will be essential should he need to appeal a conviction following trial.

Broadly, the Defendant broadly alleges the judicial bias is so intense that a fair trial is not just unlikely but in fact unintended. He has been treated to conditions and rulings uniquely applied where quick and inexpensive convictions with immediate long jail sentencing is the justice the City desires above the Defendant’s rights.

Besides vindictive actions of police, prosecution and the judge, the Defendant continues to suffer from counsel that is unresponsive, unzealous, and ineffective. The entire situation is a stream of apathy, incompetence, corruption and conspiracy bearing no resemblance to the liberty and justice of a free people protected by constitution.

This is, sadly, a concerted effort to silence a prominent, harsh, and very tenacious critic of government abuses against the people. The Defendant objects to the entire proceedings of the cases listed above and preserves for appellate review any issue, currently known or unknown, which might exist or be thought to exist whether raised specifically during the proceedings or not. The Defendant expressly preserves for appellate review the issues raised in this supplemental record.

[The 2015 Protest]
This case is one of about a dozen cases brought against this defendant and others stemming from a group of activists two-month long non-stop 24/7 protest against police brutality, unjust prosecutions and ordinances and practices abusive to the homeless as well as advocating for jury nullification and human rights. This action was in direct response to the felony arrests of the defendant and one Mark Iannicelli alleging the distribution of jury nullification literature constituted jury tampering which resulted in a federal civil rights lawsuit and the issuance by the federal court of an injunction barring Denver Police from arresting those who would share jury nullification messages and a finding that the courthouse plaza was a traditional free speech zone 24/7.

Denver Police responded in massive forces immediately within hours the first day activists returned to the plaza confiscating materials and property and issuing arrests for practically anything BUT jury nullification.

During the next 56 days, the City evolved ever novel tactics clearly attempting to drive the activists away from the courthouse. Responses with militarized riot police numbering sometimes near 100 regularly stormed the group any hour of the day or night.

[Arrests]
There were arrests for Obstructing Public Passageways for the existence of small tents, carts, and various other personal property and property was booked into evidence, taken for storage, or immediately discarded as trash almost every day.

DPD conspired with the City Attorney’s office and Public Works, at a minimum, first attempting to criminalize activists having any property, claiming obstruction of a public passage. Immediately the police misapplied codes regarding ENCUMBRANCES and issued almost daily unlawful orders, making arrests for failure to obey those unlawful orders. Specifically, the City asserted a criminal consequence under color of a complex civil question expressly under the authority of Public Works; Denver Police in fact have no authority regarding encumbrances.

The City Attorney’s office ordered signs be erected asserting 49-246 D.R.M.C. criminally applied to any thing what so ever on the plaza. This unlawfully legislated policy by the judicial and executive bodies defied the separation of powers and the activists defied their unlawful policy despite repeated arrests for nearly 30 days.

Then the City Attorney’s Office called Public Works and ordered 36 signs to be erected at various city building plazas instituting an overnight curfew subject to arrest for trespassing which was successful, immediately forcing the activists to move across the street at night instantly quashing the effectiveness of the activists speech to almost nothing; the group could not recover from this curfew action and dwindled over three weeks until the Police delivered a fatal blow confiscating everything the activists owned during a cold rain storm.

Again circumventing the safeguards of the separation of powers, the very entities being most directly impacted by the activists message – the city attorneys for unjust prosecutions and jury nullification and the police for abuses, beatings, killings, and other misconduct – took deliberate actions and conspired to establish a city-wide curfew policy without the approval of the legislative body, lacking any significant and legitimate government interest, and in direct retaliation for protected speech with the intent and indeed result of silencing that voice.

[The Prosecutions]
In excess of 20 criminal prosecutions followed in the wake of that intense 56 days. The vast majority of defendants either prevailed, appealed, or received sentences much lighter than prosecution desired. This defendant was subjected to the most cases filed and prosecutors were not achieving their goals with him either.

Furthermore, defendants enjoyed large numbers of activists showing court support which effectively brought anti-police and anti-prosecution messages directly into the courthouse. Discovery issues, overloaded ADC, witness issues, and unexpected family death with ADC lead to the Defendant’s cases being repeatedly continued out for over a year.

During this time the Defendant aggressively investigated the conspiracy between the various departments and the unlawful institution of the encumbrance and curfew policies. The City was tight-lipped about the subjects and concrete evidence eluded discovery. Scant pieces of evidence painted a circumstantial picture but the evidence was insufficient to compel the Courts to grant subpoenas or permit use at trial to show motive and attack credibility. Despite nexus of this concerted plan through almost every case, each case was handled as it’s own unique package.

[A Special Judge]
Ultimately this defendant was assigned a hand-picked judge – Frederick Rodgers – and assigned entirely to his own courtroom – the unused 4B. The details of the assignment are unclear except that it appears Judge Teresa Spahn likely requested the special treatment, and Rodgers has made comments on the record indicating he was assigned to move the defendant’s cases along and that it was desired to get these cases out of the general sessions dockets. The Defendant alleges this was a deliberate act to further isolate the activists from the people in the general sessions corridor and to a courtroom that was essentially vacant.

Rodgers issued a very bizarre order concerning conduct on August 24th, 2016 which was unknown to the Defendant until the night before his September 7th trial setting. Attached with this filing – because oddly enough the clerks cannot find the order filed in any of the defendant’s case files but furnished a copy from an email they found – the strange order, which published the Defendant’s other acts as well as his associates acts along with a claim these associates create serious disruptions, was published loud and clear to the prospective jurors waiting to enter the courtroom and to the actual jurors during breaks.

It is undoubtedly this 3-page document directed against alleged disruptions coupled with the constant presence of up to a dozen armed sheriff’s deputies throughout the proceedings that caused the jurors in that trial to ask the court to assign extra law enforcement to escort them to their vehicles. It was this first Rodgers trial where the Defense council withdrew for ineffectiveness after being unable to meet with the Defendant on the case or go over discovery, then the Defendant was denied new council, forced to proceed pro se, denied discovery, and even denied the right to subpoena witnesses essential to his defense. Withdrawn Council was ordered under his express objections to remain as assistance of council – a claim the judge denied in another strange order entered after the trial.

The Court then denied the entry of evidence clearly defining the terms ENCUMBRANCE and OBSTRUCTION which was essential to the police were unlawfully applying a criminal penalty to a civil code.

The inevitable conclusion of course was a conviction rendered by six terrified jurors followed by immediate sentencing and remand to custody. The remand was thwarted when a very clearly irritated judge was forced to research and agree with the Defendant that a stay of execution was MANDATORY under Rule 37f and a very clearly irritated judge.

[The Missing Oath]
From the very beginning, the Defendant objected to Rodger’s authority and has repeatedly challenged his jurisdiction and demanded a showing in the record he was lawfully empowered to preside over his cases. The defendant was already aware of issues Rodgers had with his qualification. Rodgers was already on a watch list of bad judges. As such, the Defendant had already attempted to obtain a copy of his Oath of Office from the Clerk and Recorder’s office.

Constitution, statute and code obligate a Denver Municipal Court Judge SUBSCRIBE AND FILE WITH THE CLERK AND RECORDER’S OFFICE AN OATH OF OFFICE BEFORE ACTING AS A JUDGE. The consequences for neglecting to accomplish this requirement is that the person has no authority, their office is IPSO FACTO VACANT and all findings, Judgments, orders etc are NULL AND VOID.

Frederick Barker Rodgers did not file an oath of office as required and there have been numerous attempts by the defendant and others in the past year to obtain it. The De Jure Peoples Grand Jury indicted Rodgers for oath problems while he was in Gilpin County and complete copies of that indictment were entered into the record on all three of my then pending cases. I advised Rodgers in court to put his house in order before peering into mine.

I then demanded records showing his appointment as a retired judge. The presiding judge’s clerk responded with a letter stating there are no such records and she offered a copy of his oath of office – signatures redacted for privacy. That oath of office was dated July 27, 2011! I demanded a non-redacted oath and demanded it to be the one filed with the clerk and recorder’s office as required by law. She responded with a redacted signature copy of a copy copy showing a received stamp dated 2015DEC02!

In court next, Rodgers proudly displayed that original oath of office in a gold frame on the bench. It bears no received stamp. At the same time Stephen Nalty obtained a certified copy of the oath from the clerk and recorders office. This time the oath existed where it had not several times before. This oath copy was not redacted and most disturbingly did not bear the received stamp which was passed off to me on the copy claimed to have been filed. Clearly hanky panky is going on.

To date the City has failed to show Rodgers has any lawful appointment. He is 76 years old, has no contract, has no valid oath of office, has no official bond, and he was assigned to my cases “to move things along” which I allege means get me convicted and in jail.

OBJECTION TO ORDER OF SILENCE
After filing his indictment into the record, Rodgers issued an order of silence and removed me to a secret room when I objected. This is in retaliation for the indictment and oath demand as I have never created a disruption before in his court. He also beefed up security and has me under armed guard of 4 to 6 deputies all the time. I object to not being allowed to address the court and I object to being treated like a criminal under guard.

NOTICE OF INEFFECTIVE LEGAL COUNCIL
My attorney has had a constant history of not responding to me and not doing the research I require in my case. The email record is repeat with my objections to her lack of commitment to my cases.

OBJECTION TO UNIQUE / UNEQUAL ENVIRONMENT
I was removed from the 3rd floor and given my own special courtroom with my own special (imposter) judge because Judge Theresa Spahn was mad at me for my free speech critical of her performance WHILE OUTSIDE ANY CASES SHE WAS CONDUCTING. She was mad because our group is helpful to other defendants and our assistance to them has resulted in them achieving success in their cases. The city is upset they are losing our cases left and right and they want to separate us from the masses and get us convicted. Ho better than Rodgers – who doesn’t let good law and reason stand in the way of lousy rulings and judgments.

NOTICE OF PRESERVATION OF APPEAL ISSUES
Because I have been silenced and my lawyer is ineffective I hereby reserve the right to raise ANY issue on appeal regardless of it having been preserved on the record.

OBJECTION TO DENIAL OF NEW EVIDENCE
There is new evidence revealed which demonstrates without a doubt there was conspiracy to silence our protest through the misapplication of a civil code. That evidence is being denied despite clearly speaking to prosecutorial motives and credibility of officer’s statements.

CHALLENGE TO ORDINANCE CONSTITUTIONALITY
My lawyer failed to challenge the pedestrian in a roadway ordinance as overbroad as I demanded. I object and preserve for appeal.

ASSERTION CONDUCT PROTECTED FIRST AMENDMENT EXPRESSION
My lawyer failed to file a motion to dismiss as protected expression my actions leading to these charges. I object and preserve for appeal.

CHALLENGE TO JUDICIAL AUTHORITY OF FREDERICK BARKER RODGERS
Rodgers has REFUSED to enter into the record any authority he has to preside over my cases. He is essentially an unauthorized permanent judge with no contract, a 6-year old expired oath of office (which was never properly filed anyway) who is apparently exempt from the 72 year mandatory retirement age and exempt from the people having opportunity to vote him out of office. He has absolutely no authority and apparently perfect immunity to do what ever the city wants him to do. I REJECT FREDERICK RODGERS AND EVERY THIING HE HAS DONE OR WILL DO IS NULL AND VOID. HE IS OPERATING IN AN IPSO FACTO VACANT OFFICE. I OBJECT AND PRESERVE FOR APPEAL.

Unresolved 2015 protest case reveals Denver police have been concealing evidence from all activist trials

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Eric Brandt on the hoof
DENVER, COLORADO- A seemingly ordinary protester-in-the-roadway case has exploded in the face of Denver city lawyers from the prosecutor’s office to the department of civil liabilities. The case against activist Eric Brandt, for chasing a police motorcade which had falsely arrested a fellow demonstrator, today revealed that in arrests made at political protests, Denver police have been withholding key reports from the evidence disclosed to those defendants.

Denver police file what’s called an “After Action Report” for public protests that prompt a mobilized law enforcement response. But the department doesn’t release the report to arrestees who face charges stemming from those actions. Ostensibly the reports are kept secret to avoid public scrutiny of crowd control strategies, but the reports also document the attendance of officers who witness the purported crimes. Those –otherwise undocumented– personnel write reports which are then not included in the discovery evidence. That is what defense lawyers call “Brady Material”, witnesses who are not consulted about what they saw, possibly exculpatory evidence which is being denied to the accused. What role those officers might play in the circumstances leading to the arrests is also kept a mystery.

Last week just before Eric Brandt’s trial, a DPD After Action Report for the protest arrests of August 28, 2015 was accidentally brought to the court’s attention the morning of trial. DPD Commander Tony Lopez brought the AAR report with him as a crib sheet to help his officers corroborate their witness testimonies. The prosecuting attorney coaching the witnesses was offered the report as an aid and as a consequence she was obligated to reveal it to the defense. At first Judge Frederick Rogers gave the defense one hour to study the new document. An hour later, after everyone had pondered the implications, the jury pool was excused for good and Rogers conceded that more time was needed for further subpoenas.

At a pretrial conference today Judge Rogers tried to limit the extent of additional evidence needed before the case could proceed. He rejected a subpoena which he deemed too broad, and limited requests for further AARs to those filed August 26 and 28th. While a prosecuting attorney described such reports as so rare she’s never encountered one before, another city attorney sheepishly admitted that a paralegal in his office had unearthed three AARs that may meet the criteria. So much for rare, that’s three in as many days. Another city attorney insisted that she needed to vet those beforehand, but a peeved Judge Rogers volunteered to assess their applicability himself. If they weren’t in his in-box by 4pm, he’d assume they were forwarded to the defense as ordered.

In question in this particular case was a mention that the head of Denver’s Dept of Public Works had ordered the police action on August 28. This is at odds with all previous police testimony which denied communication with Public Works. It goes toward impeachment of those officers as well as establishing whether Denver police have been abusing the city’s “encumbrance” ordinance. The encumbrance code is what Denver has used to squash sustained protests beginning with the original 2011 Occupy Denver encampments.

This is not the first time After Action Reports have come to light. A lieutenant testifying against an activist last November mentioned in his testimony that the reason he was fully confident in answering how many officers had responded to the protest in question was that he’s just reviewed the AAR. Unfortunately the lawyer defending that case didn’t bite.

And the public learned about AARs when one was accidentally included in the discovery evidence of an Anonymous protester arrested at MMM2015. That report famously revealed that the police outnumbered the protesters, 27% of whom were undercover “Shadow Teams”. Unfortunately the furthest defense attorneys got to more evidence were reports sent for in-camera review by the judge, in that case municipal Judge Espinosa, who ruled there was nothing relevant to the case. The case by the way is under appeal.

Now it remains for someone to file a CORA Colorado Open Records Act request for the missing AARs. There’s one for every public protest countered by police. Anyone who has been convicted of an infraction at a protest, or was coerced into taking a plea deal on the face of one-sided evidence, was denied the full story they needed to defend themselves.

For Eric Brandt’s current case, his being the last of charges filed against activists who occupied the Lindsey Flanigan Courthouse plaza in Fall months of 2015, the defense is seeking the AARs for the 26 police raids made against the protest, from its start on August 26 to its terminal extraction on October 22. Were the police acting within their authority? Were their orders legal? Did Denver abuse an ordinance to curtail free speech in the plaza? Ultimately authorities curbed the protest by imposing a curfew. Was that a flagrant work-around to circumvent a federal injunction meant to prevent their harassment of protected activity in not only a traditional free speech area but a designated free speech zone. That battle is already scheduled in April 2017 in federal court.

NOTES:
Those dates, if you’re interested, were Aug 26, 10am & 11pm; Aug 28, 6pm & 7:30pm; Sep 2, 6pm; Sep 8, 4:30pm; Sep 12, 1am; Sep 13, 3am & 11pm; Sep 14, 11am & 1:30pm; Sep 15, 3am; Sep 16, 12am; Sep 17, 1:20am; Sep 18, 1:20am & 5pm; Sep 19, 2:40am; Sep 22, 12:30am; Sep 24, 3am; Sep 25, 8:30pm & 9:30pm; Sep 26, 2:15am; Oct 9, 1pm; Oct 10, 10:20am; Oct 21, 2pm; and Oct 22, 10am. There may have been more.

You are not to blame. US stands with victims allied to neoliberal objectives.

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“Why don’t we stand with Istanbul like we did Paris in the aftermath of their terrorist attack?” Because Western social media campaigns are orchestrated. Though built on outporings of sympathy, they are coordinated with NATO efforts to propagandize against perceived foes. The public’s failure to muster support for Turkish tragedies, like African or Asian or Balkan or other less-Western hosts, drawns criticism of racism. But it’s not YOUR racism, that’s blaming the victim. Your heartstrings are pulled by whatever photos the corportate media is pitching. Photos of Syrian children for the moment.

All is fair in love and battlespace

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US Navy brass are upset that a Chinese vessel pulled a US unmanned submarine drone from the South China Sea and kept it. That’s against the rules apparently, Admiralty, whatever. They point out the drone belongs to the National Oceanographic Office, the information it gathers is unclassified, and it’s piloted by civilians. Sorry but “civilian” is synonymous with “contractor” and the Navy needs to rename its underwater glider drones if it wants to pretend their function is oceanic research. The drone fished out by the Chinese is called a “littoral battlespace sensing” vehicle. It may be unarmed, but there’s nothing environmental, humanitarian, collegiate, or goodwill-tourish about BATTLESPACE. China has been asserting territorial claims in the South China Sea, so whose “battlespace” is it?

Political transparency is for meddlers

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Vladimir Putin apparently hacked the presidential election. So say intelligence pundits estranged by Tump’s Washington brain-trust transplant. True or not, what they’re saying is that bringing transparency to the election process and the behind the scenes emails which affirm its undemocratic nature, is meddling. What a laugh to hear DNC operatives say they feel “sucker-punched” that their off-the-record slurs of condescention were made public. And of course how rich of the US regime to accuse anyone of meddling in another country’s elections.

Yeah, so if Aleppo is Syria’s Stalingrad, which are the Nazis beating a retreat?

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The West’s covert proxy insurgency against Syria has suffered a major defeat in Aleppo. Social media is deluged now with cries for help, “this may be the last you hear from me” being the latest meme to drum up popular support for increased military intervention. Aleppo is being compared to Stalingrad. Funny, because the Nazis famously lost their attempt to take that from Russia. What a delicious bit of irony that. Cities ravaged by bitter urban warfare have plenty of antecedents. I suspect corporate journalists suppose their readers are as historically illiterate as they. Stalingrad was a reversal or fortune and that’s what the US war machine hopes to make of Aleppo. Our human shields are crying their hearts out online, stuck where we put them, on our firing line. As refugees, we don’t want them. The humanitarian disaster is our creation. US covert ops out of Syria! US covert bloggers out of Syria! You want to help the children of Aleppo? Adopt them. It’s the least you should do after getting their parents and siblings killed as your human shields.

Finally a president too smart for daily intelligence briefings

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Is makes a funny headline: “Donald Trump says he doesn’t need daily intelligence briefing, says he’s smart enough already.” Haha. What Trump may really be saying is that he knows enough not to be made to listen to what the CIA dictates to be his world view. The presidency is probably enough of a bubble without the added insulation of daily briefings from spooks giving you their unsubstantiated take on Yellow Cake, WMDs, which regime is using chemical weapons BESIDES US, and whose neodemocracy needs an infusion of covert activity.

North Dakota police are using grenades against Standing Rock DAPL protesters

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STANDING ROCK, ND- Morton County sheriff deputies have admitted using STING GRENADES against the Standing Rock water protectors on Nov 22, which are suspected to have caused the serious injury which may result in 21-year-old activist Sophia Wilansky losing her arm. Protesters were fired on with rubber bullets, stun grenades, tear gas, pepper spray, and high pressure water cannons filled with chemical agents. Protesters were falling on the icy grass when deputies fired a sting-ball grenade into the group. Ms. Wilansky’s elbow was struck which severed her artery and all nerves in her left arm.


After denying responsibility for the many injuries they caused and accusing the protesters of attempting to detonate a propane cannister, the sheriffs department admitted to using “Stinger Bombs”, more exactly, the Sting-Ball grenade, described in police manuals as “an explosive anti-riot device which hurtles a large number of small “stinging” rubber balls at rioters when ignited. May or may not contain riot control agents. Also known as stingball or stinger grenade.”

Rubber bullets can be aimed away from eyes and faces, though an explosive which propels rubber pellets cannot. Any pretense that deputies are avoiding injuring the public is betrayed by the fact that they are aiming their bullets at the faces, groins and kneecaps of protesters. Though media reports state that police are “throwing” these projectiles, witnesses claim all of these are in fact being FIRED on them with launch weapons. Witnesses also report that the stun grenades being against them have their ventilation holes covered with duct-tape. It’s presumed that the tape causes the grenades to explode with greater pressure.

American voters want to make America great again. So let’s.

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Yes America was never great for Native Americans, or slaves, or those without property. Indeed capitalism is ony great for those with capital. But I think the pride behind American Exceptionalism comes from more than nostalgia about 1950s prosperity as our mendatious corporate media would have Americans believe. And while its full privileges are enjoyed only by Anglo monied Americans, the promise of “America” as a land of justice, freedom and equality is not just an international delusion, it’s a universal hope.

Apparently women resolve PR disasters

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The headline reads: Can Mary Mack save Wells Fargo? The banking fraudsters have promoted a woman to handle damage control after getting cought manipulating bank accounts without their customers consent. The next line, Mary Mack “has arguably one of the hardest jobs in finance”, reminded me of the press surrounding the appointment of Mary Barra to CEO of General Motors, when it faced similarly terminal public anger. It’s no kind of victory for feminism when the glass ceiling is being bypassed for the sexist purpose of installing a female to placate outrage. Who can celebrate a woman finally attaining a pennultimate job level when no man wants it? It was the same for Janet Yellen at the Fed, for Christine LaGarde at the IMF, and doesn’t it explain the Election 2016 plans to rescue Capitalism? Ol’ Hillary for the U.S. of A.