Why should you attend the Denver Nalty-Byfield ENTERPRISE TRIAL?

Why support the “We The People” public-oath sticklers who the state is prosecuting like a criminal enterprise? A few reasons: Solidarity. Because as hardheaded as they might be, defendants Stephen Nalty and Steve Byfield are still JUDICIAL REFORM ACTIVISTS. Sense of fair play. Half the courtroom gallery is filled with Colorado Attorney General staffers and FBI special agents chumming it up with jurors and briefing their THREE FBI UNDERCOVER WITNESSES while the defendant pariah side of the audience is warned by the judge that even a whisper will result in ejection. Thrills. Where else are you going to see this many federal agents pushing their weight around, barking at you in the hallways, swaggering gleefully about how much smarter they are than the defendants? Pathos. Come watch the Assistant Fucking Colorado Attorney General, Robert Shapiro himself, lead a team of prosecutors against the unrepresented defendants, watch Shapiro belittle them, lecture them, trivialize their difficulties defending themselves in jail, and pretend they can review “tens of thousands” of pages of evidence and “hours and hours” of undercover surveillance tapes in a single day. Because you can make a difference. Come push the FBI-guys’ buttons. Come witness and document the abuses of the overbearing prosecution team. Come lend public pressure on the judge, whose conscience is already bothering him about how unfair this sham trial has become.

Liens
You don’t have to agree with how Nalty and Byfield went about trying to reform the judicial system, but aren’t they mostly right? Judges ARE corrupt. Local officials ARE NOT accountable to the people. Law enforcement WON’T pursue charges of their own corruption and the media certainly won’t side with the reformers. When Nalty, Byfield and Co, served commercial liens valued at billions and trillions of dollar against officials who hadn’t filed oaths of office, it was an effort of last resort to get someone’s attention. No one was thinking, hey, maybe this eleven-figure dollar demand will slip through the cracks and the billions will be ours!

Each lien was calculated to represent the sum defrauded from and owed to the American People. Prosecutors can tap these defendants for conspiring and racketeering and extorting and attempting to influence public officials, but they can’t say the defendants aimed to obscond with one single penny. Throwing three undercover infiltrators at a twenty member judicial reform group, putting thousands of manpower hours into locking these defendants away, is gross abuse of authority and it’s hubris.

Authentic transgressions
As the sham trial goes on, the pieces are coming together on the cases of Nalty and crew. It turns out federal investigators labeled them “sovereigns” because they’ve held themselves not responsible for paying traffic tickets, property taxes, and the like. In the end I’ll grant you Nalty’s group may be guilty of those. I say “may” because such citations may have been retaliatory for their political beliefs.

As to the punishment, I believe adjudicators should take into account that the defendants acted not to enrich themselves, nor to flaunt the law per se, but to assert political rights about which they may have been misguided. Again I say may because the defendants are being tried, after all, according to a set of laws, which enforce a social contract, the terms of which the parties do not agree.

I use the word misguided as a nod to those who think the Nalty gang have acted like idiots. That’s easy to say, and easy to laugh, but no one’s yet figured out how to emancipate labor from the yoke of capital. You may regard interest and rent as your inherent debts. These sovereigns don’t and they’re trying to say so.

Economic slavery
Ours is a system of peonage to which this crew feels they never indentured themselves. The ersatz writs and liens they spammed to every official they encountered were the legal loopholes they thought could break the bank and liberate everyone from financial tyranny. While Nalty’s scheme intended insurrection, it wasn’t against democracy or the republic, it was against taxation without representation, the same beast Americans pretend to have overthrown with the Declaration of Independance.

Instead of tea into Boston Harbor, this crew dumped a bunch of junk paper unto the reception counters of Colorado public offices. Charge Nalty’s crew with littering maybe, at most, vandalism, though it’s hard to say these vandals caused even a scratch. Every public official who testified as a victim said they didn’t take the ersatz documents seriously.

The writs and liens looked officious, but weren’t attributed to known government or banking institutions. Likewise signatures were signed in red. Red was chosen to represent the signer’s blood, even though red is a color which automated banking systems reject as unreadable, therefore invalid.

Not one witness expressed confusion about the validity of the papers. They mentioned too the rambling diatribes in the text block.

To call the defendants “paper terrorists” wildly overstates the effect they achieved. They didn’t terrorize anyone. Governments like to accuse rebellious insurgents of “terrorism”, but that’s another paralegal threshold with which most common citizens, and certainly these “sovereigns”, disagree.

Real funny money
These guys did the equivalent of feed Monopoly Money into ATMs. No bank balances were changed and no real money came out. Counterfeit currency is one thing, but denominations of your own handywork pretending to be only that does not qualify as funny money in the illegal sense. I’m guessing forms submitted in a language foreign to bank clerks would be rejected out of hand. How are these any different? Irregular submissions, as one witness called them, need not generate calls to the FBI or the Colorado Joint Terrorism Task Force. I’ll bet that ATMs know to reject Monopoly Money. If they don’t, whose problem is that?

The trial of defendants Stephen Nalty and Steve Byfield is due to wrap up Friday. The prosecution will have taken seven days to present its case and Assistant Attorney General Robert Shapiro intends to object if the defense rebuttal takes more than a half day, maybe a whole. This trial is meant to intimidate the other defendants to convince them to take pleas.

Next in the pipeline is Bruce Doucette whose trial starts October 16. Defendants Harlan Smith and Dave Coffelt have hearings on October 18. If they do not take deals, Shapiro intends to enjoin their cases, to save time and money. He’s already convinced defendant Brian Baylog to take a deal and turn state’s evidence. Baylog is scheduled to testify against Nalty and Byfield shortly.

By now the condemnation of Nalty’s commercial lien scheme will have cost Colorado millions in man hours and legal expenses. You can fine a graffiti artist for having to restore an edifice to its original lustre, but you can’t expect him to bear the full cost if you chose a cleanup crew that wears Gucci loafers, most of whose jobs is to pat the other on the back.

Colorado’s overkill with federal agents and counter-terrorism experts is a problem of its own making.

The Nalty-Byfield trial continues through this week 8:30am – 5pm, at Denver’s Lindsey Flanigan Courthouse, in Division 2H, ironically, “Juvenile Court”.

Pro-immigrant activists with Occupy Denver file suit against DIA and DPD, challenge airport free speech “permit”


DENVER, COLORADO- Civil liberties champion David Lane has filed a complaint in US district court challenging Denver’s office of the city attorney for instituting a permit process at DIA to prevent public protest. Holding signs has become impermissible at the airport, without the issuance of a permit seven days in advnace, although police are not bothering themselves about signs welcoming homecomers or seeking to connect business visitors with their limo service. That selective enforcement is unconstitutional of course, and the lawfirm powerhouse of Kilmer Lane & Newman is filing suit on behalf of two Occupy Denver plaintiffs. last Sunday, January 29, both were threatened with arrest by DIA police. While two earlier attempts to assemble had capitulated to DPD intimidation, the Occupy Denver activists stood their ground. Why did you file your lawsuit? “We know our rights. We want the POLICE to know our rights.”

1. Full text of complaint:

Case 1:17-cv-00332 Document 1
Filed 02/06/17 USDC Colorado Page 1 of 14

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

CITY AND COUNTY OF DENVER,?
DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity,
DENVER POLICE SERGEANT VIRGINIA QUINONES, in her individual and official capacity,

Defendants.

______________________________________________________________________________

COMPLAINT

______________________________________________________________________________

Plaintiffs, by and through their attorneys David A. Lane and Andy McNulty of KILLMER, LANE & NEWMAN, LLP, allege as follows:

INTRODUCTION

1. Plaintiffs Eric Verlo and Nazli McDonnell challenge a regulation of alarming breadth that bans all First Amendment expression at Denver International Airport without a permit.

2. Plaintiffs are concerned citizens who believe that President Donald Trump has overstepped his executive authority by signing the January 27, 2017, Executive Order (hereinafter “Muslim Ban”), which permanently bans Syrian refugees from emigrating to the United States, temporarily bans nationals of seven countries (including permanent legal residents and visa-holders), and suspends all applications to the United States refugee program (even as to vetted entrants currently in transit).

3. Plaintiffs wish to express their disgust with President Trump’s (likely unconstitutional) Muslim Ban. They wish to do so in the same place that hundreds of thousands of Americans across the country have done: standing directly outside of the secure Customs and Border Protection (hereinafter “CBP”) screening area within an airport where immigrants to America enter into the main terminal after clearing customs. Plaintiffs, unlike many citizens across this great nation who have exercised their opposition to the Muslim Ban in airports by chanting, singing, dancing, and praying, simply wish to stand in silent protest, holding signs that express their solidarity with immigrants and the Muslim community.

4. Plaintiffs are banned from doing so by DENVER INTERNATIONAL AIRPORT REGULATION 50 (hereinafter “Regulation 50”).

5. Regulation 50 states: “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

6. Plaintiffs ask that this Court enjoin the enforcement of Regulation 50 and prohibit Defendants from arresting them for their First Amendment-protected activity of standing in peaceful protest within Jeppesen Terminal. Regulation 50 is overbroad in violation of the First Amendment and vague in violation of the Fourteenth Amendment’s Due Process Clause.

7. This is a civil rights action for declaratory and injunctive relief as well as fees and costs arising under 42 U.S.C. §§ 1983, 1988 and 28 U.S.C. Section 2201 et seq. due to Defendants’ current and imminent violations of Plaintiffs’ rights guaranteed by the First and Fourteenth Amendments to the Constitution of the United States.

PARTIES

8. Plaintiff Eric Verlo is a citizen of the United States of America. Mr. Verlo wishes to show his resistance to President Trump’s Muslim Ban, so that others will be inspired to join in the resistance.

9. Plaintiff Nazli McDonnell is a citizen of the United States of America. Ms. McDonnell wishes to show her resistance to President Trump’s Muslim Ban, so that others will be inspired to join in the resistance.

10. Defendant City and County of Denver is a municipal corporation and political subdivision of the State of Colorado. Thus, it is an entity subject to the provisions of § 1983.

11. Defendant Antonio Lopez is a Commander with the Denver Police Department. Commander Lopez is responsible for security at Denver International Airport’s Jeppesen Terminal.

12. Defendant Virginia Quinones is a Sergeant with the Denver Police Department. Sergeant Quinones is responsible for security at Denver International Airport’s Jeppesen Terminal.

JURISDICTION AND VENUE

13. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983; the First Amendment to the United States Constitution, incorporated as against States and their municipal divisions through the Fourteenth Amendment to the United States Constitution; and the Due Process Clause of the Fourteenth Amendment.

14. This Court has jurisdiction under 28 U.S.C. § 1331 over Plaintiffs’ claims that “arise[] under the Constitution of the United States.”

FACTS

15. On January 27, 2017, President Donald Trump signed an Executive Order, which permanently banned Syrian refugees from emigrating to the United States, temporarily banned nationals of seven countries (including permanent legal residents and visa-holders), and suspended all applications to the United States refugee program (even as to vetted entrants currently in transit). President Trump’s Executive Order has been subsequently referred to as a “Muslim Ban,” because it both mirrors President Trump’s racist, anti-Islam statements made on December 7, 2015, that he was planning to ban all Muslims from entering the United States until our representatives can “figure out what’s going on” and the ban targets countries whose population is predominantly Muslim and seemingly bears little rational relation to each country’s security threat to the United States.

16. Immediately upon the enactment of President Trump’s Muslim Ban there was an outpouring of outrage from a large proportion of the American population and across the spectrum of political affiliation. This outrage led to resistance in the form of protests.

17. On January 28, 2017, and January 29, 2017, protests erupted in nearly every major city in the United States. The protests organically formed in our nation’s airports. Protesters chose to express their disgust with President Trump’s Muslim Ban in airports (and specifically outside of the secure CBP screening area) because individuals affected by the ban who were in transit to the United States were being held and questioned by CBP agents there. Many of these travelers, including lawful United States residents, were forced to sign documents revoking their lawful status within the United States and deported. Still others were simply deported with no explanation. Others still were held for hours as teams of lawyers rushed to prepare habeas petitions for their release.

18. News reports about the protests make clear that they have been peaceful and non- disruptive despite the gathering of, in some cases, thousands of people.

19. Airport staff have told protesters, and would-be protesters, at numerous airports across the nation, including Kansas City International Airport, that there are no restrictions on their speech and that all protesters who wish to participate in actions against the Muslim Ban are allowed. Protests have continued in other cities to this day.

20. On January 28, 2017, there was one such protest at Denver International Airport, within the Jeppesen Terminal. At approximately 5:00 p.m. hundreds gathered in the Jeppesen Terminal’s atrium, near arrivals, to protest and many others gathered to bear witness.

21. Prior to the protest, leaders had applied for a permit. It was denied. The reason for its denial was that the permit was not requested with seven days advance notice of the protest occurring. Regulation 50 requires seven days advance notice.

22. The January 28, 2017, protest began with speeches, chants, songs, and prayers. It was a peaceful gathering of solidarity for immigrants and Muslims. Every person at the January 28, 2017, protest was contained in an area of the Jeppesen Terminal atrium that is designed as a gathering space for people to sit, relax, and converse. No one was standing in the walkways or passageways of the terminal.

23. Soon after the January 28, 2017, protest began, members of the Denver Police Department arrived on-scene. Commander Antonio Lopez engaged the leader of the protest, Amal Kassir, along with State Representative Joe Salazar and representatives from the ACLU of Colorado, and informed them that the protest was unlawful. Commander Lopez told Ms. Kassir that anything that “could be construed as Free Speech” was prohibited at the Denver International Airport, including within the Jeppesen Terminal, without a permit. See Exhibit 1, January 28, 2017 Video.

24. Commander Lopez also stated that all “First Amendment expression” was prohibited at the Denver International Airport, including within the Jeppesen Terminal, without a permit on Regulation 50. Commander Lopez handed Regulation 50 to multiple protesters, including Ms. Kassir. See Exhibit 2, January 28, 2017 Video 2.

25. Regulation 50 states (in pertinent part): “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

26. Commander Lopez, along with members of Denver International Security, told Ms. Kassir that every portion of Denver International Airport property, which has an approximately fifty square mile footprint, is off-limits for First Amendment expression. They suggested that Ms. Kassir move her protest to Tower Road, which is approximately six miles from the Jeppesen Terminal and, like most of the land surrounding Denver International Airport, adjacent to open prairie land with no inhabitants.

27. Commander Lopez threatened Ms. Kassir and numerous other demonstrators with arrest if they didn’t immediately cease any “First Amendment expression.” According to Commander Lopez’s directives, the individuals gathered in the Jeppesen Terminal could not stand holding signs, sing, speak to others about matters of public concern, hold the United States Constitution above their shoulders, or stand silently with their arms interlocked.

28. Ultimately, to avoid arrest, Ms. Kassir and the demonstrators moved outside of the Jeppesen Terminal to the large area on its south side, adjacent to the escalators leading to the commuter rail and under the Westin Hotel. The protest continued peacefully for a little while longer, then disbursed without issue.

29. The next day, January 29, 2017, Plaintiffs Eric Verlo and Nazli McDonnell traveled to Denver International Airport’s Jeppesen Terminal to express their opposition to President Trump’s Muslim Ban.

30. Mr. Verlo and Ms. McDonnell brought with them signs expressing support for immigrants and expressing concern that history was repeating itself with disastrous potential consequences.

31. Mr. Verlo and Ms. McDonnell positioned themselves adjacent to the secure CBP screening area within the Jeppesen Terminal at approximately 1:15 p.m.

32. Adjacent the secure CBP screening area at the Jeppesen Terminal is the only place where Mr. Verlo and Ms. McDonnell can reach their intended audience. Mr. Verlo and Ms. McDonnell wish to communicate with those who could be swayed by their message and, particularly, with immigrants. International travelers are often immigrants and/or lawful United States residents, including green card and other visa holders, other than citizens. Mr. Verlo and Ms. McDonnell wish to express their solidarity with immigrants directly to these individuals. Further, United States citizens who arrive from international locations are also individuals with whom Mr. Verlo and Ms. McDonnell wish to communicate. International travelers have experienced other cultures and are likely to be sympathetic to Mr. Verlo and Ms. McDonell’s message.

33. The secure CBP screening area is also the location where the Muslim Ban has been enforced by DHS, both at Denver International Airport and across the nation. Neither Plaintiff attempted to enter any restricted areas of Denver International Airport.

34. While silently displaying their signs, Mr. Verlo and Ms. McDonnell were in the open plaza near the secure CBP screening area within the Jeppesen Terminal and positioned significantly behind the railing, which demarcates where those waiting for loved ones are permitted to stand. Mr. Verlo and Ms. McDonnell did not impede the right of way of any passengers hustling to catch flights at the last moment. They simply stood with placards showing their distaste for the Executive Order and the man who executed it.

35. Mr. Verlo and Mr. McDonnell also observed another man in the terminal, named Gene Wells, who was expressing views similar to theirs.

36. Mr. Wells was wearing a sign taped to the back of his shirt.

37. Mr. Wells left the Jeppesen Terminal, but subsequently returned to protest. When he did, he was stopped by Denver Police Department officers who told him that he could not walk around the terminal with the slogan he had affixed to his back. Mr. Wells eventually rejoined Mr. Verlo and Mr. McDonnell at the international arrivals doors, but not without trepidation. He feared he might be arrested.

38. While Mr. Verlo and Ms. McDonnell were displaying their signs, Defendant Sergeant Virginia Quinones approached Mr. Verlo and Ms. McDonnell and threatened them with arrest if they did not leave Jeppesen Terminal. See Exhibit 3, January 29, 2017, Video.

39. Sergeant Quinones handed Mr. Verlo and Ms. McDonnell Regulation 50 and cited it as the reason they would be arrested if they did not leave Jeppesen Terminal. Id. Sergeant Quinones told Mr. Verlo and Ms. McDonnell that they would need a permit in order to stand silently, holding signs in opposition of the Muslim Ban and be in compliance with Regulation 50.

40. Had Mr. Verlo and Ms. McDonnell applied for a permit the second President Trump signed the Executive Order implementing the Muslim Ban, they still would have been unable to engage in protest within the Jeppesen Terminal under the terms and conditions of Regulation 50 on January 29, 2017.

41. Mr. Verlo and Ms. McDonnell did not immediately leave the Jeppesen Terminal after being threatened with arrest. However, they were startled by Sergeant Quiones’ threat and feared arrest for the duration of the time they were there.

42. Throughout the time Mr. Verlo and Ms. McDonnell were expressing their views within the Jeppesen Terminal they received numerous shows of support from passersby. Multiple self- proclaimed Muslims expressed heart-felt statements of appreciation to Mr. Verlo, Ms. McDonnell, and others holding signs.

43. Mr. Verlo and Ms. McDonnell ultimately left Jeppesen Terminal.

44. Mr. Verlo and Ms. McDonnell wish to return to Jeppesen Terminal to express solidarity with Muslims and opposition to the Muslim Ban, but are reticent to do so for fear of being arrested.

45. Upon information and belief, no individual has been arrested, or threatened with arrest, for wearing a “Make America Great Again” campaign hat without a permit within the Jeppesen Terminal at Denver International Airport.

46. Upon information and belief, no individual has been arrested, or threatened with arrest, for holding a sign welcoming home a member of our military without a permit within the Jeppesen Terminal at Denver International Airport.

47. Upon information and belief, no individual has been arrested, or threatened with arrest, for holding a sign and soliciting passengers for a limousine without a permit within the Jeppesen Terminal at Denver International Airport.

48. Upon information and belief, no individual has been arrested, or threatened with arrest, for discussing current affairs with another person without a permit within the Jeppesen Terminal at Denver International Airport.

49. At all times relevant to this Complaint, Defendants acted under color of law.

CLAIM I: FIRST AMENDMENT
(§ 1983 violation – all Defendants)

50. Plaintiffs repeat, re-allege, and incorporate by reference the allegations in the foregoing paragraphs of this Complaint as fully set forth herein.

51. Regulation 50 violates the Free Speech Clause of the First Amendment to the Constitution, on its face and as applied, because it impermissibly curtails Plaintiffs’ free-speech rights.

52. Plaintiffs wish to speak on a matter of public concern. 11

53. Denver International Airport’s Jeppesen Terminal is a public forum.

54. Regulation 50 directly infringes upon and chills reasonable persons from engaging in activity that is protected by the First Amendment.

55. Regulation 50 acts as an unconstitutional prior restraint on speech because it (1) requires a permit before allowing individuals to engage in speech, (2) allows for arbitrary and/or discriminatory permit denials, and (3) requires advance notice that is unconstitutionally excessive.

56. Regulation 50 is overbroad.?

57. Regulation 50 is not narrowly tailored to serve a compelling government interest.?

58. Regulation 50 does not further a substantial government interest.?

59. Regulation 50’s restriction on expressive conduct is greater than necessary to further any
government interest.?

60. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly or
proximately, Plaintiffs to suffer damages.

CLAIM II: FIRST AMENDMENT RETALIATION
(§ 1983 violation – all Defendants)

1. All statements of fact set forth previously are hereby incorporated into this claim as though set forth fully herein. ?

2. Plaintiffs engaged in First Amendment protected speech on a matter of public concern ?while displaying signs opposing President Trump’s Muslim Ban on January 29, 2017.

3. Defendants jointly and on their own accord responded to Plaintiffs’ First Amendment protected speech with retaliation, including but not limited to threatening Plaintiffs with arrest.

4. Defendants retaliatory actions were substantially motivated by Plaintiffs’ exercise of their First Amendment rights.

5. By unlawfully threatening Plaintiffs with arrest, Defendants sought to punish Plaintiffs for exercising their First Amendment rights and to silence their future speech. Defendants’ retaliatory actions would chill a person of ordinary firmness from engaging in such First Amendment protected activity.

6. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly and proximately, Plaintiffs to suffer damages.

CLAIM III: FOURTEENTH AMENDMENT DUE PROCESS
(§ 1983 violation – all Defendants)

7. All statements of fact set forth previously are hereby incorporated into this claim as though set forth fully herein.

8. The prohibitions of Regulation 50 are vague and not clearly defined. ?

9. Regulation 50 offers no clear and measurable standard by which Plaintiffs and others can ?act lawfully.

10. Regulation 50 does not provide explicit standards for application by law enforcement officers.

11. Regulation 50 fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits, and authorizes or encourages arbitrary and discriminatory enforcement, or both.

12. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly and proximately, Plaintiffs to suffer damages.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against Defendants, and grant:

(a) Appropriate declaratory and other injunctive and/or equitable relief; 13

(b)  Enter a declaration that Regulation 50 is unconstitutional on its face and enjoin its enforcement; ?

(c)  Compensatory and consequential damages, including damages for emotional distress, loss of reputation, humiliation, loss of enjoyment of life, and other pain and suffering on all claims allowed by law in an amount to be determined at trial; ?

(d)  All economic losses on all claims allowed by law; ?

(e)  Punitive damages on all claims allowed by law and in an amount to be determined ?at trial; ?

(f)  Attorney’s fees and the costs associated with this action, pursuant to 42 U.S.C. § ?1988; ?

(g)  Pre and post-judgment interest at the lawful rate; and ?

(h)  Any further relief that this court deems just and proper, and any other relief as ?allowed by law. ?

Dated this 6th day of February 2017.

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty

___________________________________
David A. Lane
?Andy McNulty?
Killmer, Lane & Newman, LLC
1543 Champa Street, Suite 400 Denver, Colorado 80202?
Attorneys for Plaintiff

2. Full text of Feb 6 motion for preliminary injunction:

Case 1:17-cv-00332 Document 2
Filed 02/06/17 USDC Colorado Page 1 of 23

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

CITY AND COUNTY OF DENVER,
DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity,
DENVER POLICE SERGEANT VIRGINIA QUINONES, in her individual and official capacity,

Defendants.

______________________________________________________________________________

MOTION FOR PRELIMINARY INJUNCTION

______________________________________________________________________________

Plaintiffs, by and through their attorneys David A. Lane and Andy McNulty of KILLMER, LANE & NEWMAN, LLP, hereby submit the following Motion for Preliminary Injunction, and in support thereof, states as follows:

1. Introduction

Over the last four days, many Americans have expressed public disapproval of President Donald Trump’s January 27, 2017, Executive Order, which permanently bans Syrian refugees from emigrating to the United States, temporarily bans nationals of seven countries (including permanent legal residents and visa-holders), and suspends all applications to the United States refugee program (even as to vetted entrants currently in transit). Plaintiffs are concerned and alarmed United States citizens who wish to join the growing chorus of voices expressing opposition to the Executive Order. To do so, they wish to stand in silent protest at the Jeppesen Terminal within Denver International Airport.

Plaintiffs did just this on January 29, 2017, standing in silent protest of the Executive Order outside of the secure Customs and Border Protection (hereinafter “CBP”) screening area within Jeppesen Terminal. Almost immediately, Plaintiffs were threatened with arrest by Denver Police Department Sergeant Virginia Quinones for standing silently and holding signs opposing the Executive Order, despite that fact that the Jeppesen Terminal has previously been used for expressive activity (and that protesters at more than ten major airports nationwide have protested peacefully without major disruption or legal restriction). While silently displaying their signs, Plaintiffs were in the plaza within the Jeppesen Terminal and positioned significantly behind the railing, which demarcates where those waiting for loved ones are permitted to stand, in the open plaza outside of the secure CBP screening area at the Jeppesen Terminal. Plaintiffs did not impede the right of way of any passengers hustling to catch flights at the last moment. They simply stood with placards showing their distaste for the Executive Order and the man who executed it.

Even though Plaintiffs were simply engaged in peaceful First Amendment protected expression, they were threatened with arrest. Sergeant Quinones informed Plaintiffs that, in order to stand silently with political signs, they would need a permit. Without a permit, Sergeant Quinones stated, all “First Amendment expression” at the Denver International Airport was banned.

This was not the first time since the enactment of the Executive Order that the Denver Police Department threatened individuals with arrest for engaging in First Amendment protected activity in Jeppesen Terminal. On January 28, 2016, a protest was held in the plaza of Jeppesen Terminal. During the protest, Denver Police Commander Antonio Lopez instructed multiple individuals, including State Representative Joseph Salazar and representatives from the ACLU of Colorado, that all “First Amendment expression” was banned at Denver International Airport without a permit. See Exhibit 1, January 28, 2017, Video 1; Exhibit 2, January 28, 2017, Video 2. The protesters had, in fact, applied for a permit earlier that day. However, it had not been granted because they had not done so seven days in advance of the protest in compliance with Denver International Airport regulations. Although no arrests were ultimately made, protesters were threatened numerous times by Commander Lopez, and other officers, with arrest.

The Denver International Airport regulation that both Sergeant Quinones and Commander Lopez relied upon in instructing Plaintiffs, and others, that Denver International Airport bans all “First Amendment expression” without a permit is DENVER INTERNATIONAL AIRPORT REGULATION 50 (hereinafter “Regulation 50”). Regulation 50 states that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

Plaintiffs wish to return to Denver International Airport to protest the Executive Order, but are reasonably frightened of arrest and, absent action by this Court, must choose between lawfully exercising their First Amendment right and being subject to arrest and/or prosecution.

Plaintiffs ask that this Court enter an injunction prohibiting their arrest for standing in peaceful protest within Jeppesen Terminal and invalidating Regulation 50 as violative of the First and Fourteenth Amendments to the United States Constitution.

2. Factual Background

All statements of fact set forth in the simultaneously filed Complaint are hereby incorporated into this Brief as though set forth fully herein.

3. Argument

3.1 The standard for issuance of a preliminary injunction.

When seeking a preliminary injunction, a plaintiff must establish that (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm; (3) the balance of equities tips in his favor; and (4) that an injunction is in the public interest. Winter v. Nat. Res. Def. Council, 555 U.S. 7, 20 (2008); see also ACLU v. Johnson, 194 F.3d 1149, 1155 (10th Cir. 1999).

The Tenth Circuit has modified the preliminary injunction test when the moving party demonstrates that the second, third, and fourth factors “tip strongly” in its favor. See Oklahoma ex rel. Okla. Tax Comm’n v. Int’l Registration Plan, Inc., 455 F.3d 1107, 1113 (10th Cir. 2006); see also 820 F.3d 1113, n.5 (10th Cir. 2016). “In such situations, the moving party may meet the requirement for showing success on the merits by showing that questions going to the merits are so serious, substantial, difficult, and doubtful as to make the issue ripe for litigation and deserving of more deliberate investigation.” Id. (internal quotation marks omitted). Moreover, this “fair chance of prevailing” test is appropriate in this case because Plaintiffs are challenging a policy, not a statue or ordinance. See Planned Parenthood Minn, N.D., & S.D. v. Rounds, 530 F.3d 724, 732 (9th Cir. 2008) (“[C]ourts should… apply the familiar ‘fair chance of prevailing’ test where a preliminary injunction is sought to enjoin something other than government action based on presumptively reasoned democratic processes.”).

Under either standard, Plaintiffs are able to demonstrate that the issuance of a preliminary injunction is appropriate in this matter.

3.3 Regulation 50 implicates Plaintiffs’ First Amendment rights. 1

When the government regulates the exercise of First Amendment rights, the burden is on the proponent of the restriction to establish its constitutionality. Phelps-Roper v. Koster, 713 F.3d 942, 949 (8th Cir. 2013). Moreover, when assessing the preliminary injunction factors in First Amendment cases, “the likelihood of success will often be the determinative factor.” Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1145 (10th Cir. 2013). This is because “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably, constitutes irreparable injury,” Heideman v. Salt Lake City, 348 F.3d 1182, 1190 (10th Cir. 2003), and it is invariably in the public interest to protect an individual’s First Amendment rights. See Homans v. City of Albuquerque, 264 F.3d 1240, 1244 (10th Cir. 2001) (noting that “the public interest is better served” by protecting First Amendment rights).

[NOTE 1. It is important to note that facial challenges to government policies and statutes, when based on First and Fourteenth Amendment grounds, are not disfavored. See United States v. Stevens, 559 U.S. 460, 473 (2010); City of Chicago v. Morales, 527 U.S. 41 (1999).]

3.4 Plaintiffs are likely to succeed on the merits.

Plaintiffs are likely to succeed on the merits because Regulation 50 violates the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment.

3.4(a) Plaintiffs engaged, and wish to engage, in speech on a matter of public concern.

Plaintiffs’ speech is at the core of the First Amendment’s protection because it deals with a matter of public concern. “Speech deals with matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community, or when it is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public.” Snyder v. Phelps, 562 U.S. 443, 453 (2011) (internal quotation marks and citation omitted). “Speech on matters of public concern is at the heart of the First Amendment’s protection.” Id. at 451-52 (alterations and quotation marks omitted). “The First Amendment reflects ‘a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.’” Id. at 452 (quoting New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964)). Plaintiffs wish to engage in expression about President Donald Trump’s January 27, 2017, Executive Order, a topic that has generated nearly unprecedented debate and dissent. See Adrienne Mahsa Varkiani, Here’s Your List of All the Protests Happening Against the Muslim Ban, THINK PROGRESS (Jan. 28, 2017), https://thinkprogress.org/muslim-ban-protests-344f6e66022e#.ft1oznfv4 (compiling list of direct actions planned in response to President Trump’s January 27, 2017, Executive Order). Thus, Plaintiffs’ speech “‘occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.’” Snyder, 562 U.S. at 452 (quoting Connick v. Myers, 461 U.S. 138, 145 (1983)).

3.4(b) Regulation 50 acts as a prior restraint.

The restriction at issue in this matter is a prior restraint. “The term prior restraint is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’” Alexander v. United States, 509 U.S. 544, 550 (1993) (quoting M. Nimmer, Nimmer on Freedom of Speech § 4.03, p. 4–14 (1984)). Regulation 50 is in an administrative order that forbids future communication and bases the ability to communicate in the future on the discretion of an administrative official. See DENVER INTERNATIONAL AIRPORT REGULATION 50.03 (“no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” (emphasis added)). It is a prior restraint.

The burden of proving a prior restraint is permissible is particularly steep. The Supreme Court has repeatedly held that “[a]ny system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963). For the reasons outlined infra, Defendants cannot meet this especially significant burden.

3.4(c) Jeppesen Terminal, outside of the passenger security zones, is a traditional public forum.

The Supreme Court has not definitively decided whether airport terminals, including Jeppesen Terminal, are public forums. In Lee v. International Society for Krishna Consciousness, Inc., 505 U.S. 830 (1992) (hereinafter “Lee I”), issued the same day as International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672 (1992) (hereinafter “Lee II”), the Supreme Court struck down a total ban on distribution of literature in airports. In Lee I, the Court issued a one sentence per curiam opinion, which affirmed the Second Circuit for the reasons expressed by Justice O’Connor, Justice Kennedy, and Justice Souter in Lee II. See Lee I, 505 U.S. at 831. Justice Kennedy and Justice Souter’s opinions in Lee II found that “airport corridors and shopping areas outside of the passenger security zones… are public forums, and speech in those places is entitled to protection against all government regulation inconsistent with public forum principles.” Lee II, 505 U.S. at 693 (Kennedy, J., concurring in the judgment); but see Lee II, 505 U.S. at 683 (“”[W]e think that neither by tradition nor purpose can the terminals be described as satisfying the standards we have previously set out for identifying a public forum.”).

Therefore, Plaintiffs ask this Court to find the area of Jeppesen Terminal outside of the passenger security zones to be a public forum. The historical use of the Jeppesen Terminal’s plazas and other areas outside of the passenger security zones (including the area outside of the secure CBP screening area) for political speech (particularly, the history of welcoming of American military personnel home from service, discussion between passengers of matters of public concern, and display of clothing advocating for political views and ideals) indicates that it is a public forum. See First Unitarian Church of Salt Lake City v. Salt Lake City Corp., 308 F.3d 1114, 1130 (10th Cir. 2002) (“Where courts have considered the traditional use of publicly accessible property for speech, they have refused to attribute legal significance to an historical absence of speech activities where that non-speech history was created by the very restrictions at issue in the case.”). Further, that the Jeppesen Terminal is free and open to the public (outside of the passenger security zones), illustrates that it is a public forum. See, e.g., Ark. Educ. Television Comm’n v. Forbes, 523 U.S. 666, 676 (1998); Cornelius v. NAACP Legal Def. & Educ. Fund, 473 U.S. 788, 800, 805, 809 (1985). Finally, Jeppesen Terminal retains characteristics similar to parks: it has large plazas lined with benches, it is surrounded by businesses which are open to the public, and it has dedicated walkways, similar to sidewalks, indicating that it is a public forum. See e.g., Frisby v. Schultz, 487 U.S. 474, 480-481 (1988); United States v. Grace, 461 U.S. 171, 177 (1983). Further, the Supreme Court has not strictly limited the public forum category to streets, sidewalks, and parks. See, e.g., Se. Promotions, Ltd. v. Conrad, 420 U.S. 546 (1975) (finding leased municipal theater is a public forum); Heffron v. Int’l Society for Krishna Consciousness, Inc., 452 U.S. 640 (1981) (finding state fair is a public forum); Edwards v. South Carolina, 372 U.S. 229 (1963) (finding grounds of state capitol are a traditional public forum). Even if the City claims that it has never intended for Jeppesen Terminal to be a public forum, this is not dispositive. See Lee, 505 U.S. at 830 (government policy prohibiting distribution of literature at airport on property struck down); Cornelius, 473 U.S. at 805 (government’s decision to limit access is not itself dispositive). Plaintiffs’ ask that this Court find Jeppesen Terminal, outside of the passenger security zones, a traditional public forum.

Since Jeppesen Terminal is a traditional public forum, any restriction on Plaintiffs’ speech must be content-neutral and narrowly tailored to a compelling government interest. Regulation 50 fails at both.

3.4(d) Regulation 50 is content-based.

Regulation 50 is a content-based restriction of expression. Although the Supreme Court has long held that content-based restrictions elicit strict scrutiny, see, e.g., Carey v. Brown, 447 U.S. 455 (1980), lower courts diverged on the meaning of “content-based” until Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). 2 Reed clarified that a restriction is content based simply if it draws distinctions “based on the message a speaker conveys.” 135 S. Ct. at 2227. Reed is clear that even “subtle” distinctions that define regulated expression “by its function or purpose . . . are distinctions based on the message a speaker conveys, and therefore, are subject to strict scrutiny.” Id. This accords with Texas v. Johnson, which held that “the emotive impact of speech on its audience is not a secondary effect unrelated to the content of the expression itself.” 491 U.S. 491 U.S. 297, 412 (1989) (internal quotations omitted).

[NOTE 2. Reed involved a municipal “sign code” that regulated signs differently based on the kind of message they conveyed (such as “ideological,” “political,” or “temporary directional”). 135 S. Ct. at 2224-25. The Court rejected the city’s argument that a law had to discriminate against certain viewpoints in order to be a content-based restriction. Id. at 2229.]

Regulation 50 is content-based on its face. It distinguishes between content and requires that an official determine the content of the speaker’s message when enforcing its proscriptions. Reed, 135 S. Ct. at 2227; see DENVER INTERNATIONAL AIRPORT REGULATION 50.03 (“No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute[.]” (emphasis added)). The distinctions drawn by Regulation 50 make it a facially content-based restriction on expression that must elicit “the most exacting scrutiny.” Johnson, 491 U.S. at 412; Reed, 135 S. Ct. at 2227.

3.4(e) Regulation 50 is not narrowly tailored to serve a compelling government interest.

As a facially content-based restriction of expression at traditional public fora, Regulation 50 is presumptively unconstitutional unless Defendant “prove[s] that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest.” Reed, 135 St. Ct. at 2231; accord Johnson, 491 U.S. at 412.

“A statute is narrowly tailored if it targets and eliminates no more than the exact source of the ‘evil’ it seeks to remedy.” Frisby v. Schultz, 487 U.S. 474, 485 (1988) (citation omitted). Regulation 50 reaches more speech than that which would impair the security of the airport or ensure that passengers are not unduly encumbered. In fact, it completely bans all “First Amendment expression.” “A complete ban can be narrowly tailored, but only if each activity within the proscription’s scope is an appropriately targeted evil.” Id.. Regulation 50 is not such a ban. For instance, Plaintiffs’ expression does nothing to jeopardize security at Denver International Airport or to inhibit the free flow of passengers through the airport.

Further, any argument that Plaintiffs can engage in expressive activity in another location lacks merit, as the Supreme Court has held that the First Amendment is violated when one specific location or audience, when important to the speaker, is foreclosed. See McCullen v. Coakley, 134 S. Ct. 2518, 2536 (2014); Schenck v. Pro-Choice Network, 519 U.S. 357, 377 (1997) (invalidating a “floating” buffer zone around people entering an abortion clinic partly on the ground that it prevented protestors “from communicating a message from a normal conversational distance or handing leaflets to people entering or leaving the clinics who are walking on the public sidewalks”); Schneider v. New Jersey, 308 U.S. 147, 163 (1939) (invalidating anti-handbilling ordinances even though “their operation is limited to streets and alleys and leaves persons free to distribute printed matter in other public places”). Regulation 50 lacks the narrow tailoring necessary to survive First Amendment strict scrutiny analysis.

3.4(f) Regulation 50 violates the First Amendment even if this Court determines Jeppesen Terminal is a nonpublic forum.

Regulation 50 bans all “First Amendment expression” absent a permit; it is unconstitutional even when analyzed under the lower standard of scrutiny applied by courts to First Amendment political speech in a nonpublic forum. In Board of Airport Commissioners of Los Angeles v. Jews for Jesus, Inc., 482 U.S. 569 (1987), the Supreme Court considered whether a resolution restricting free speech in the airport was constitutional. The resolution at issue stated that the airport “is not open for First Amendment activities by any individual and/or entity.” Id. at 574. Although the Court did not explicitly find that the airport was a nonpublic forum, it did hold that the resolution restricting speech in the airport was facially unreasonable, even if the airport was a nonpublic forum. Id. at 573. The Court noted that enforcing the resolution would prohibit “talking and reading, or the wearing of campaign buttons or symbolic clothing.” Id. at 574. The Court also noted, “[m]uch nondisruptive speech–such as the wearing of a T-shirt or button that contains a political message–may not be ‘airport related’ but is still protected speech even in a nonpublic forum.” Id. at 575 (citing Cohen v. California, 403 U.S. 15 (1971) (holding that wearing of jacket with offensive language in a courthouse was a form of nondisruptive expression that was protected by the First Amendment)). Thus, although specific conduct was not at issue in the Jews for Jesus decision, the Court nonetheless implicitly held that non-disruptive speech is protected by the First Amendment in nonpublic fora and that restrictions that encumber non-disruptive expression are unreasonable.

In Lee II, Justice O’Connor set forth the test for determining reasonableness in the context of nonpublic fora. 505 U.S. at 687 (O’Connor, J., concurring). 3 She stated, ”[t]he reasonableness of the Government’s restriction [on speech in a nonpublic forum] must be assessed in light of the purpose of the forum and all the surrounding circumstances.” Id. (O’Connor, J., concurring) (quoting Cornelius, 473 U.S. at 809). However, Justice O’Connor noted that while “[o]rdinarily . . . we have . . . been confronted with cases where the fora at issue were discrete, single-purpose facilities,” airports present a different analysis because they are multipurpose facilities. Id. at 688 (O’Connor, J., concurring) (citations omitted). She determined airports to be multipurpose facilities because

the Port Authority [has] chosen not to limit access to the airports under its control, [and] has created a huge complex open to travelers and nontravelers alike. The airports house restaurants, cafeterias, snack bars, coffee shops, cocktail lounges, post offices, banks, telegraph offices, clothing shops, drug stores, food stores, nurseries, barber shops, currency exchanges, art exhibits, commercial advertising displays, bookstores, newsstands, dental offices and private clubs.

Id. This led to the finding that “[t]he reasonableness inquiry, therefore, is not whether the restrictions on speech are consistent with preserving the property for air travel, but whether they are reasonably related to maintaining the multipurpose environment that the Port Authority has deliberately created.” Id. at 689. A complete ban on First Amendment activity at the Jeppesen Terminal, absent a permit that must be obtained by providing seven days advance notice, is not a reasonable restriction. Regulation 50 does not comport with Justice O’Connor’s conclusion that airports are more than simply places where air travel occurs.

[NOTE 3. It is important to note that Lee involved a plurality opinion, joined by Justice O’Connor. Therefore, Justice O’Connor’s concurrence is the “narrowest grounds” that justify the Court’s result and her concurrence holds substantial precedential weight.]

Moreover, Justice O’Connor distinguished between solicitations (which the Supreme Court found could be reasonably restricted) and distributing leaflets (which the Supreme Court found could not be reasonably restricted) in the airport:

[L]eafleting does not entail the same kinds of problems presented by face-to-face solicitation. Specifically, “one need not ponder the contents of a leaflet or pamphlet in order mechanically to take it out of someone’s hand . . . . The distribution of literature does not require that the recipient stop in order to receive the message the speaker wishes to convey; instead the recipient is free to read the message at a later time.”

Id. at 690 (quoting United States v. Kokinda, 497 U.S. 720, 734 (1990)).

Thus, the Court held in Lee II that prohibiting solicitation in a nonpublic forum is not unreasonable, but that prohibiting the distribution of leaflets and other literature at a nonpublic forum is unreasonable. See also Lee, 505 U.S. at 830 (decided the same day as Lee II and striking down a prohibition on the distribution of leaflets and other literature at La Guardia, John F. Kennedy, and Newark International airports) (per curiam). Circuit courts have also recognized the inherent right to distribute paper and other information in nonpublic fora. Following Lee I and Lee II, two circuit courts have held that airports, as nonpublic fora, could not preclude newspaper publishers from placing newsracks in airport terminals. See Jacobsen v. City of Rapid City, South Dakota, 128 F.3d 660 (8th Cir. 1997); Multimedia Publishing Co. of South Carolina, Inc. v. Greenville-Spartanburg Airport Dist., 991 F.2d 154 (4th Cir. 1993). To the extent that the airports were concerned about safety or the impediment of traffic flow, the courts held that the airport may impose reasonable restrictions, but they could not enforce an outright ban on the newspaper racks. See Jacobsen, 128 F.3d at 660; Multimedia Publishing Co. of South Carolina, Inc., 991 F.2d at 154.

Denver, through Regulation 50, has banned all “First Amendment expression” including leafleting and protests. In fact, Plaintiffs expression is arguably less intrusive and disruptive to air travel than the form of expression, namely leafletting, that the Court held could not be reasonably restricted in the areas of an airport that precede the security screening area. It is clear from Lee I, Lee II, and Jews for Jesus that Denver cannot ban all “First Amendment expression” at the Jeppesen Terminal.

3.4(f)(1) Independently, the viewpoint-based prohibition of Plaintiffs’ speech, based on Regulation 50, violates the First Amendment.

Even if Jeppesen Terminal is a nonpublic forum, “this does not mean the government has unbridled control over speech, . . . for it is axiomatic that ‘the First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.” Summum v. Callaghan, 130 F.3d 906, 916 (10th Cir. 1997) (quoting Lamb’s Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384, 394, (1993)). “Restrictions on speech in nonpublic fora must be viewpoint neutral[.]” Warren v. Fairfax Cty., 196 F.3d 186, 193 (4th Cir. 1999) (citing Cornelius, 473 at 809). Defendants’ restriction of Plaintiffs’ speech, under the guise of Regulation 50, discriminates on the basis of viewpoint. Individuals walk through Denver International Airport with political messages and slogans on their shirts and luggage and discuss politics on a daily basis. Counsel for Plaintiffs has worn political shirts while traveling through Denver International Airport and discussed modern politics with fellow passengers on many occasions. However, no other individual, to Plaintiffs or Plaintiffs’ counsel’s knowledge, has been threatened with arrest for engaging in this political speech. Nor has any individual been arrested for displaying pro-President Trump messages, for example a red hat that reads “Make America Great Again.” Only Plaintiffs’ expressive activity against the President’s Executive Order, and others advocating similarly, has been threatened with arrest. Regulation 50 is being enforced as a clearly view-point based restriction. Defendants’ application of Regulation 50 to Plaintiffs speech is view-point based and violates the First Amendment.

3.4(g) The seven day advance notice requirement for obtaining a permit is not a reasonable restriction.

Notice periods restrict spontaneous free expression and assembly rights safeguarded in the First Amendment. Plaintiffs, like many others throughout history, wish to engage in First Amendment expression in quick response to topical events. While even in such time-sensitive situations, a municipality may require some short period of advance notice so as to allow it time to take measures to provide for necessary traffic control and other aspects of public safety, the period can be no longer than necessary to meet the City’s urgent and essential needs of this type. See American-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 605 (6th Cir. 2005) (“Any notice period is a substantial inhibition on speech.”).

Advance notice requirements that have been upheld by courts have most generally been less than a week. See, e.g., A Quaker Action Group v. Morton, 516 F.2d 717, 735 (D.C. Cir. 1975) (two-day advance notice requirement is reasonable for use of National Park areas in District of Columbia for public gatherings); Powe v. Miles, 407 F.2d 73, 84 (2d Cir. 1968) (two-day advance notice requirement for parade is reasonable); Progressive Labor Party v. Lloyd, 487 F. Supp. 1054, 1059 (D. Mass. 1980) (three-day advance filing requirement for parade permit approved in context of broader challenge); Jackson v. Dobbs, 329 F. Supp. 287, 292 (N.D. Ga. 1970) (marchers must obtain permit by 4 p.m. on day before the march), aff’d, 442 F.2d 928 (5th Cir. 1971). Lengthy advance filing requirements for parade permits, such as the seven day advance notice requirement imposed by Regulation 50, have been struck down as violating the First Amendment. See American-Arab Anti-Discrimination Comm., 418 F.3d at 605-07 (holding that provision requiring thirty days’ notice is overbroad and is not saved by an unwritten policy of waiving the provision); NAACP, W. Region v. City of Richmond, 743 F.2d 1346, 1357 (9th Cir. 1984) (“[A]ll available precedent suggests that a 20-day advance notice requirement is overbroad.”). Even an advance filing requirement of five days has been held too long to comport with the First Amendment. See Douglas v. Brownell, 88 F.3d 1511, 1523-24 (8th Cir. 1996) (city’s asserted goals of protecting pedestrian and vehicular traffic and minimizing inconvenience to the public does not justify five-day advance filing requirement for any parade, defined as ten or more persons).

It is clear that, in the case at bar, a permit requirement of seven days advance notice is not a reasonable restriction of Plaintiffs’ First Amendment rights. Plaintiffs wish to engage in timely, direct action against, what they perceive as, a tyrannical and unconstitutional exercise of the executive power. If Plaintiffs were to have applied for a permit at the exact moment President Trump signed the Executive Order, they would still have been prevented from engaging in First Amendment activity on January 29, 2017. In direct action, like in most things, timing is everything. As evidenced by myriad protests that occurred across the nation’s airports, which were accompanied by no violence or destruction of property and did not otherwise jeopardize security, accommodation of protest at the Jeppesen Terminal is reasonable. Such a lengthy approval period, with no exceptions for spontaneous, peaceful protests, violates the First Amendment. See Church of the American Knights of the Ku Klux Klan v. City of Gary, 334 F.3d 676, 682 (7th Cir. 2003) (noting that “the length of the required period of advance notice is critical to its reasonableness; and given … that political demonstrations are often engendered by topical events, a very long period of advance notice with no exception for spontaneous demonstrations unreasonably limits free speech” (emphasis added)).

3.4(h) Regulation 50 is overbroad in violation of the First Amendment.

“[A] law may be invalidated as overbroad if ‘a substantial number of its applications are unconstitutional, judged in relation to the [ordinance]’s plainly legitimate sweep.’” United States v. Stevens, 559 U.S. 460, 473 (2010) (quoting Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 449 n.6 (2008)). An overbroad statute may be challenged on its face even though a more narrowly drawn statute would be valid as applied to the party in the case before it. City Council of L.A. v. Taxpayers for Vincent, 466 U.S. 789, 798 (1984) (“[B]roadly written statutes may have such a deterrent effect on free expression that they should be subject to challenge even by a party whose own conduct may be unprotected.”). The Supreme Court “has repeatedly held that a government purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.” NAACP v. Alabama ex rel. Flowers, 377 U.S. 288, 307 (1964); see also Grayned v. City of Rockford, 408 U.S. 109, 114-15 (1972) (“The crucial question, then, is whether the ordinance sweeps within its prohibitions what may not be punished under the First and Fourteenth Amendments.”). Courts have “provided this expansive remedy out of concern that the threat of enforcement of an overbroad law may deter or ‘chill’ constitutionally protected speech—especially when the overbroad statute imposes criminal sanctions.” Virginia v. Hicks, 539 U.S. 113, 119 (2003).

Determining whether a law is substantially overbroad requires a two-step analysis. First, a court must “construe the challenged [law]; it is impossible to determine whether a [law] reaches too far without first knowing what the [law] covers.” United States v. Williams, 553 U.S. 285, 293 (2008). Second, based on the first step, a court must determine whether the law “criminalizes a substantial amount of protected expressive activity.” Id. at 297.

Regulation 50 provides that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” Those tasked with enforcing Regulation 50, have stated that it bans all “First Amendment expression.” See Exhibit 1, January 28, 2017, Video 1; Exhibit 2, January 28, 2017, Video 2.

A complete prohibition on First Amendment expression and related activity proscripts a substantial amount of protected expressive activity. See Jews for Jesus, 482 U.S. at 569; Lee, 505 U.S. at 830. It prohibits face-to-face conversations and wearing clothing intended to convey a message, along with leafleting and other traditional First Amendment activity, all of which protected expression. Regulation 50’s overbreadth is stark and violates the guarantees of the First Amendment.

3.4(i) Regulation 50 is unconstitutionally vague.

“A fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct that is forbidden or required.” F.C.C. v. Fox Television Stations, Inc., 132 S. Ct. 2307, 2317 (2012). “A law’s failure to provide fair notice of what constitutes a violation is a special concern where laws ‘abut[ ] upon sensitive areas of basic First Amendment freedoms’ because it ‘inhibit[s] the exercise’ of freedom of expression and ‘inevitably lead[s] citizens to steer far wider of the unlawful zone … than if the boundaries of the forbidden areas were clearly marked.’” Stahl v. City of St. Louis, 687 F.3d 1038, 1041 (8th Cir. 2012) (quoting Grayned, 408 U.S. at 109). For this reason, a stringent vagueness test applies to a law that interferes with the right of free speech. Vill. of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 499 (1982). “Where a statute’s literal scope, unaided by a narrowing state court interpretation, is capable of reaching expression sheltered by the First Amendment, the doctrine demands a greater degree of specificity than in other contexts.” Smith v. Goguen, 415 U.S. 566, 573 (1974).

Regulation 50 is vague, and therefore unconstitutional, for two separate reasons. First, Regulation 50 fails “to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits.” City of Chicago v. Morales, 527 U.S. 41, 56 (1999). A law is unconstitutionally vague where it “does not provide people with fair notice of when their actions are likely to become unlawful.” Stahl, 687 F.3d at 1041. Because violators of Regulation 50 are subject to criminal sanction, the strictest vagueness test applies. See Reno v. ACLU, 521 U.S. 844, 872 (1997) (recognizing criminal sanctions might “cause speakers to remain silent rather than communicate even arguably unlawful words, ideas, and images” which, together with the “‘risk of discriminatory enforcement’ of vague regulations, poses greater First Amendment concerns than those implicated by [a] civil regulation[.]”). Whether expressive activity will be deemed “First Amendment expression” in the Jeppesen Terminal is not predictable. Plaintiffs have reasonably refrained from protected speech for fear that someone might consider their expression to be in violation of the regulation. However, officials have failed to enforce the regulation against many others who are seemingly in violation, including those discussing politics with other passengers, wearing clothing meant to make some social or political statement, limo drivers soliciting passengers, and those welcoming home military veterans. Although there might be times when a speaker knows, or should know, that certain speech will violate the statute, in many situations such an effect is difficult or impossible to predict. See Stahl, 687 F.3d at 1041 (finding vagueness because even “[t]hough there are certainly times when a speaker knows or should know that certain speech or activities likely will cause a traffic problem, in many situations such an effect is difficult or impossible to predict.”). Regulation 50 fails to give fair notice and therefore violates the mandates of the Fourteenth Amendment.

Regulation 50 is also unconstitutionally broad because it “authorize[s] and even encourage[s] arbitrary and discriminatory enforcement.” Morales, 527 U.S. at 56. Regulation 50’s terms allow law enforcement officials wide discretion to decide whether any given speech is prohibited and arrest the speaker. “Such a statute does not provide for government by clearly defined laws, but rather for government by the moment-to-moment opinions of a policeman on his beat.” Cox v. Louisiana, 379 U.S. 536, 579 (1965); see Norton v. Discipline Comm. of E. Tenn. State Univ., 399 U.S. 906, 909 (1970) (“Officials of public universities . . . are no more free than policemen or prosecutors to punish speech because it is rude or disrespectful, or because it causes in them vague apprehensions, or because for any other reason they do not like its content.”).

Officers have been observed enforcing Regulation 50 against those protesting President Trump’s Executive Order, but not against those wearing other political shirts or buttons. Officers have not enforced the regulation against other political expression, including those standing in support of military veterans returning home from combat. Seemingly, the only ones who have been subject to this regulation are those who are specifically speaking against President Trump’s Executive Order. “The most meaningful aspect of the vagueness doctrine is . . . the requirement that a legislature establish minimal guidelines to govern law enforcement.” Smith, 415 U.S. at 574. Because the terms allow a police officer leeway to determine that expressive conduct is lawful, or not, they are vague. Regulation 50 permits “a standardless sweep [that] allows policemen, prosecutors, and juries to pursue their personal predilections.” Kolender v. Lawson, 461 U.S. 352, 358 (1983) (internal citations omitted). It is unconstitutional.

3.5 Absent an injunction, Plaintiffs will suffer irreparable harm.

“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976); see also Verlo v. Martinez, 820 F.3d 1113, 1127 (10th Cir. 2016); Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012) (“[W]hen an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.”); Verlo v. Martinez, 820 F.3d 1113, 1127 (10th Cir. 2016).

Moreover, Plaintiffs’ expression is a time-sensitive response to a nearly unprecedented action by our federal government. But see C. Norwood, A Twitter Tribute to Holocaust Victims, THE ATLANTIC (January 27, 2017), https://www.theatlantic.com/politics/archive/2017/01/jewish-refugees-in-the-us/514742/ (describing the rebuff of refugees fleeing Nazi Germany in 1939, many of whom would be murdered during the Holocaust); Korematsu v. United States, 323 U.S. 214 (1944). Delaying Plaintiffs’ protest, and discouraging Plaintiffs and others from demonstrating, detracts from its importance and provides a false appearance that Denver is not like other cities of all sizes across the country that have mustered sizeable protests at their airports. Denver has held itself out as a “sanctuary city.” Jon Murray, Mayor Hancock says he welcomes “sanctuary city” title if it means Denver supports immigrants and refugees, The DENVER POST (January 30, 2017), http://www.denverpost.com/2017/01/30/mayor-hancock-welcomes-sanctuary-city-title-denver-supports-immigrants-refugees/. For Colorado’s citizens to seemingly show lackluster support in this time of trial would not only irreparable harm Plaintiffs, and others, but it would go against the public interest.

3.6 The balance of the equities weighs in favor of granting a preliminary injunction.

“The balance of equities… generally favors the constitutionally-protected freedom of expression.” Phelps-Roper v. Nixon, 545 F.3d 685, 690 (8th Cir. 2008) overruled on other grounds by Phelps-Roper v. City of Manchester, Mo., 697 F.3d 678 (8th Cir. 2012). Courts have consistently held that when First Amendment freedoms are threatened, the balance of the equities weighs in the Plaintiffs’ favor. See Verlo, 820 F.3d at 1127; Awad, 670 F.3d at 1132. There is no harm to Defendant, who has no significant interest in the enforcement of Regulation 50 since it is likely unconstitutional.

3.7 A preliminary injunction is in the public interest.

“[I]t is always in the public interest to prevent the violation of a party’s constitutional rights.” Awad, 670 F.3d at 1133 (internal quotation marks omitted); accord Verlo, 820 F.3d at 1127; Pac. Frontier v. Pleasant Grove City, 414 F.3d 1221, 1237 (10th Cir. 2005) (“Vindicating First Amendment freedoms is clearly in the public interest.”); Cate v. Oldham, 707 F.2d 1176, 1190 (10th Cir. 1983) (noting “[t]he strong public interest in protecting First Amendment values”).

4. Conclusion

For the reasons stated, Plaintiffs respectfully request that this Court grant their Motion for a Preliminary Injunction, enjoin enforcement of Regulation 50, and prohibit Defendants from arresting Plaintiffs and all others similarly situated when they engage in First Amendment protected activity within Jeppesen Terminal.

Dated this 6th day of February, 2017

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty
__________________________

David Lane
Andy McNulty
1543 Champa Street, Suite 400 Denver, CO 80202
Counsel for Plaintiffs

The Putin knock-knock joke is easier to find than his Kremlin speech on Crimea

Putin Obama Knock Knock Joke - Crimea RiverThis graphic circulating on the interwebs is a lot easier to find than Vladimir Putin’s March 18 address to the Kremlin about the referendum in Crimea after the Western coup in Ukraine. Bypassing dubious translations excerpted on Capitalist media sites, here is a transcript of his speech direct from the Kremlin. Putin is no hero, but he threatens US-EU banking hegemony, gives asylum to Edward Snowden, and executes zero people with drones.

QUOTING PRESIDENT OF RUSSIA VLADIMIR PUTIN:
Federation Council members, State Duma deputies, good afternoon. Representatives of the Republic of Crimea and Sevastopol are here among us, citizens of Russia, residents of Crimea and Sevastopol!

Dear friends, we have gathered here today in connection with an issue that is of vital, historic significance to all of us. A referendum was held in Crimea on March 16 in full compliance with democratic procedures and international norms.

More than 82 percent of the electorate took part in the vote. Over 96 percent of them spoke out in favour of reuniting with Russia. These numbers speak for themselves.

To understand the reason behind such a choice it is enough to know the history of Crimea and what Russia and Crimea have always meant for each other.

Everything in Crimea speaks of our shared history and pride. This is the location of ancient Khersones, where Prince Vladimir was baptised. His spiritual feat of adopting Orthodoxy predetermined the overall basis of the culture, civilisation and human values that unite the peoples of Russia, Ukraine and Belarus. The graves of Russian soldiers whose bravery brought Crimea into the Russian empire are also in Crimea. This is also Sevastopol – a legendary city with an outstanding history, a fortress that serves as the birthplace of Russia’s Black Sea Fleet. Crimea is Balaklava and Kerch, Malakhov Kurgan and Sapun Ridge. Each one of these places is dear to our hearts, symbolising Russian military glory and outstanding valour.

Crimea is a unique blend of different peoples’ cultures and traditions. This makes it similar to Russia as a whole, where not a single ethnic group has been lost over the centuries. Russians and Ukrainians, Crimean Tatars and people of other ethnic groups have lived side by side in Crimea, retaining their own identity, traditions, languages and faith.

Incidentally, the total population of the Crimean Peninsula today is 2.2 million people, of whom almost 1.5 million are Russians, 350,000 are Ukrainians who predominantly consider Russian their native language, and about 290,000-300,000 are Crimean Tatars, who, as the referendum has shown, also lean towards Russia.

True, there was a time when Crimean Tatars were treated unfairly, just as a number of other peoples in the USSR. There is only one thing I can say here: millions of people of various ethnicities suffered during those repressions, and primarily Russians.

Crimean Tatars returned to their homeland. I believe we should make all the necessary political and legislative decisions to finalise the rehabilitation of Crimean Tatars, restore them in their rights and clear their good name.

We have great respect for people of all the ethnic groups living in Crimea. This is their common home, their motherland, and it would be right – I know the local population supports this – for Crimea to have three equal national languages: Russian, Ukrainian and Tatar.

Colleagues,

In people’s hearts and minds, Crimea has always been an inseparable part of Russia. This firm conviction is based on truth and justice and was passed from generation to generation, over time, under any circumstances, despite all the dramatic changes our country went through during the entire 20th century.

After the revolution, the Bolsheviks, for a number of reasons – may God judge them – added large sections of the historical South of Russia to the Republic of Ukraine. This was done with no consideration for the ethnic make-up of the population, and today these areas form the southeast of Ukraine. Then, in 1954, a decision was made to transfer Crimean Region to Ukraine, along with Sevastopol, despite the fact that it was a federal city. This was the personal initiative of the Communist Party head Nikita Khrushchev. What stood behind this decision of his – a desire to win the support of the Ukrainian political establishment or to atone for the mass repressions of the 1930’s in Ukraine – is for historians to figure out.

What matters now is that this decision was made in clear violation of the constitutional norms that were in place even then. The decision was made behind the scenes. Naturally, in a totalitarian state nobody bothered to ask the citizens of Crimea and Sevastopol. They were faced with the fact. People, of course, wondered why all of a sudden Crimea became part of Ukraine. But on the whole – and we must state this clearly, we all know it – this decision was treated as a formality of sorts because the territory was transferred within the boundaries of a single state. Back then, it was impossible to imagine that Ukraine and Russia may split up and become two separate states. However, this has happened.

Unfortunately, what seemed impossible became a reality. The USSR fell apart. Things developed so swiftly that few people realised how truly dramatic those events and their consequences would be. Many people both in Russia and in Ukraine, as well as in other republics hoped that the Commonwealth of Independent States that was created at the time would become the new common form of statehood. They were told that there would be a single currency, a single economic space, joint armed forces; however, all this remained empty promises, while the big country was gone. It was only when Crimea ended up as part of a different country that Russia realised that it was not simply robbed, it was plundered.

At the same time, we have to admit that by launching the sovereignty parade Russia itself aided in the collapse of the Soviet Union. And as this collapse was legalised, everyone forgot about Crimea and Sevastopol ­– the main base of the Black Sea Fleet. Millions of people went to bed in one country and awoke in different ones, overnight becoming ethnic minorities in former Union republics, while the Russian nation became one of the biggest, if not the biggest ethnic group in the world to be divided by borders.

Now, many years later, I heard residents of Crimea say that back in 1991 they were handed over like a sack of potatoes. This is hard to disagree with. And what about the Russian state? What about Russia? It humbly accepted the situation. This country was going through such hard times then that realistically it was incapable of protecting its interests. However, the people could not reconcile themselves to this outrageous historical injustice. All these years, citizens and many public figures came back to this issue, saying that Crimea is historically Russian land and Sevastopol is a Russian city. Yes, we all knew this in our hearts and minds, but we had to proceed from the existing reality and build our good-neighbourly relations with independent Ukraine on a new basis. Meanwhile, our relations with Ukraine, with the fraternal Ukrainian people have always been and will remain of foremost importance for us.

Today we can speak about it openly, and I would like to share with you some details of the negotiations that took place in the early 2000s. The then President of Ukraine Mr Kuchma asked me to expedite the process of delimiting the Russian-Ukrainian border. At that time, the process was practically at a standstill. Russia seemed to have recognised Crimea as part of Ukraine, but there were no negotiations on delimiting the borders. Despite the complexity of the situation, I immediately issued instructions to Russian government agencies to speed up their work to document the borders, so that everyone had a clear understanding that by agreeing to delimit the border we admitted de facto and de jure that Crimea was Ukrainian territory, thereby closing the issue.

We accommodated Ukraine not only regarding Crimea, but also on such a complicated matter as the maritime boundary in the Sea of Azov and the Kerch Strait. What we proceeded from back then was that good relations with Ukraine matter most for us and they should not fall hostage to deadlock territorial disputes. However, we expected Ukraine to remain our good neighbour, we hoped that Russian citizens and Russian speakers in Ukraine, especially its southeast and Crimea, would live in a friendly, democratic and civilised state that would protect their rights in line with the norms of international law.

However, this is not how the situation developed. Time and time again attempts were made to deprive Russians of their historical memory, even of their language and to subject them to forced assimilation. Moreover, Russians, just as other citizens of Ukraine are suffering from the constant political and state crisis that has been rocking the country for over 20 years.

I understand why Ukrainian people wanted change. They have had enough of the authorities in power during the years of Ukraine’s independence. Presidents, prime ministers and parliamentarians changed, but their attitude to the country and its people remained the same. They milked the country, fought among themselves for power, assets and cash flows and did not care much about the ordinary people. They did not wonder why it was that millions of Ukrainian citizens saw no prospects at home and went to other countries to work as day labourers. I would like to stress this: it was not some Silicon Valley they fled to, but to become day labourers. Last year alone almost 3 million people found such jobs in Russia. According to some sources, in 2013 their earnings in Russia totalled over $20 billion, which is about 12% of Ukraine’s GDP.

I would like to reiterate that I understand those who came out on Maidan with peaceful slogans against corruption, inefficient state management and poverty. The right to peaceful protest, democratic procedures and elections exist for the sole purpose of replacing the authorities that do not satisfy the people. However, those who stood behind the latest events in Ukraine had a different agenda: they were preparing yet another government takeover; they wanted to seize power and would stop short of nothing. They resorted to terror, murder and riots. Nationalists, neo-Nazis, Russophobes and anti-Semites executed this coup. They continue to set the tone in Ukraine to this day.

The new so-called authorities began by introducing a draft law to revise the language policy, which was a direct infringement on the rights of ethnic minorities. However, they were immediately ‘disciplined’ by the foreign sponsors of these so-called politicians. One has to admit that the mentors of these current authorities are smart and know well what such attempts to build a purely Ukrainian state may lead to. The draft law was set aside, but clearly reserved for the future. Hardly any mention is made of this attempt now, probably on the presumption that people have a short memory. Nevertheless, we can all clearly see the intentions of these ideological heirs of Bandera, Hitler’s accomplice during World War II.

It is also obvious that there is no legitimate executive authority in Ukraine now, nobody to talk to. Many government agencies have been taken over by the impostors, but they do not have any control in the country, while they themselves – and I would like to stress this – are often controlled by radicals. In some cases, you need a special permit from the militants on Maidan to meet with certain ministers of the current government. This is not a joke – this is reality.

Those who opposed the coup were immediately threatened with repression. Naturally, the first in line here was Crimea, the Russian-speaking Crimea. In view of this, the residents of Crimea and Sevastopol turned to Russia for help in defending their rights and lives, in preventing the events that were unfolding and are still underway in Kiev, Donetsk, Kharkov and other Ukrainian cities.

Naturally, we could not leave this plea unheeded; we could not abandon Crimea and its residents in distress. This would have been betrayal on our part.

First, we had to help create conditions so that the residents of Crimea for the first time in history were able to peacefully express their free will regarding their own future. However, what do we hear from our colleagues in Western Europe and North America? They say we are violating norms of international law. Firstly, it’s a good thing that they at least remember that there exists such a thing as international law – better late than never.

Secondly, and most importantly – what exactly are we violating? True, the President of the Russian Federation received permission from the Upper House of Parliament to use the Armed Forces in Ukraine. However, strictly speaking, nobody has acted on this permission yet. Russia’s Armed Forces never entered Crimea; they were there already in line with an international agreement. True, we did enhance our forces there; however – this is something I would like everyone to hear and know – we did not exceed the personnel limit of our Armed Forces in Crimea, which is set at 25,000, because there was no need to do so.

Next. As it declared independence and decided to hold a referendum, the Supreme Council of Crimea referred to the United Nations Charter, which speaks of the right of nations to self-determination. Incidentally, I would like to remind you that when Ukraine seceded from the USSR it did exactly the same thing, almost word for word. Ukraine used this right, yet the residents of Crimea are denied it. Why is that?

Moreover, the Crimean authorities referred to the well-known Kosovo precedent – a precedent our western colleagues created with their own hands in a very similar situation, when they agreed that the unilateral separation of Kosovo from Serbia, exactly what Crimea is doing now, was legitimate and did not require any permission from the country’s central authorities. Pursuant to Article 2, Chapter 1 of the United Nations Charter, the UN International Court agreed with this approach and made the following comment in its ruling of July 22, 2010, and I quote: “No general prohibition may be inferred from the practice of the Security Council with regard to declarations of independence,” and “General international law contains no prohibition on declarations of independence.” Crystal clear, as they say.

I do not like to resort to quotes, but in this case, I cannot help it. Here is a quote from another official document: the Written Statement of the United States America of April 17, 2009, submitted to the same UN International Court in connection with the hearings on Kosovo. Again, I quote: “Declarations of independence may, and often do, violate domestic legislation. However, this does not make them violations of international law.” End of quote. They wrote this, disseminated it all over the world, had everyone agree and now they are outraged. Over what? The actions of Crimean people completely fit in with these instructions, as it were. For some reason, things that Kosovo Albanians (and we have full respect for them) were permitted to do, Russians, Ukrainians and Crimean Tatars in Crimea are not allowed. Again, one wonders why.

We keep hearing from the United States and Western Europe that Kosovo is some special case. What makes it so special in the eyes of our colleagues? It turns out that it is the fact that the conflict in Kosovo resulted in so many human casualties. Is this a legal argument? The ruling of the International Court says nothing about this. This is not even double standards; this is amazing, primitive, blunt cynicism. One should not try so crudely to make everything suit their interests, calling the same thing white today and black tomorrow. According to this logic, we have to make sure every conflict leads to human losses.

I will state clearly – if the Crimean local self-defence units had not taken the situation under control, there could have been casualties as well. Fortunately this did not happen. There was not a single armed confrontation in Crimea and no casualties. Why do you think this was so? The answer is simple: because it is very difficult, practically impossible to fight against the will of the people. Here I would like to thank the Ukrainian military – and this is 22,000 fully armed servicemen. I would like to thank those Ukrainian service members who refrained from bloodshed and did not smear their uniforms in blood.

Other thoughts come to mind in this connection. They keep talking of some Russian intervention in Crimea, some sort of aggression. This is strange to hear. I cannot recall a single case in history of an intervention without a single shot being fired and with no human casualties.

Colleagues,

Like a mirror, the situation in Ukraine reflects what is going on and what has been happening in the world over the past several decades. After the dissolution of bipolarity on the planet, we no longer have stability. Key international institutions are not getting any stronger; on the contrary, in many cases, they are sadly degrading. Our western partners, led by the United States of America, prefer not to be guided by international law in their practical policies, but by the rule of the gun. They have come to believe in their exclusivity and exceptionalism, that they can decide the destinies of the world, that only they can ever be right. They act as they please: here and there, they use force against sovereign states, building coalitions based on the principle “If you are not with us, you are against us.” To make this aggression look legitimate, they force the necessary resolutions from international organisations, and if for some reason this does not work, they simply ignore the UN Security Council and the UN overall.

This happened in Yugoslavia; we remember 1999 very well. It was hard to believe, even seeing it with my own eyes, that at the end of the 20th century, one of Europe’s capitals, Belgrade, was under missile attack for several weeks, and then came the real intervention. Was there a UN Security Council resolution on this matter, allowing for these actions? Nothing of the sort. And then, they hit Afghanistan, Iraq, and frankly violated the UN Security Council resolution on Libya, when instead of imposing the so-called no-fly zone over it they started bombing it too.

There was a whole series of controlled “colour” revolutions. Clearly, the people in those nations, where these events took place, were sick of tyranny and poverty, of their lack of prospects; but these feelings were taken advantage of cynically. Standards were imposed on these nations that did not in any way correspond to their way of life, traditions, or these peoples’ cultures. As a result, instead of democracy and freedom, there was chaos, outbreaks in violence and a series of upheavals. The Arab Spring turned into the Arab Winter.

A similar situation unfolded in Ukraine. In 2004, to push the necessary candidate through at the presidential elections, they thought up some sort of third round that was not stipulated by the law. It was absurd and a mockery of the constitution. And now, they have thrown in an organised and well-equipped army of militants.

We understand what is happening; we understand that these actions were aimed against Ukraine and Russia and against Eurasian integration. And all this while Russia strived to engage in dialogue with our colleagues in the West. We are constantly proposing cooperation on all key issues; we want to strengthen our level of trust and for our relations to be equal, open and fair. But we saw no reciprocal steps.

On the contrary, they have lied to us many times, made decisions behind our backs, placed us before an accomplished fact. This happened with NATO’s expansion to the East, as well as the deployment of military infrastructure at our borders. They kept telling us the same thing: “Well, this does not concern you.” That’s easy to say.

It happened with the deployment of a missile defence system. In spite of all our apprehensions, the project is working and moving forward. It happened with the endless foot-dragging in the talks on visa issues, promises of fair competition and free access to global markets.

Today, we are being threatened with sanctions, but we already experience many limitations, ones that are quite significant for us, our economy and our nation. For example, still during the times of the Cold War, the US and subsequently other nations restricted a large list of technologies and equipment from being sold to the USSR, creating the Coordinating Committee for Multilateral Export Controls list. Today, they have formally been eliminated, but only formally; and in reality, many limitations are still in effect.

In short, we have every reason to assume that the infamous policy of containment, led in the 18th, 19th and 20th centuries, continues today. They are constantly trying to sweep us into a corner because we have an independent position, because we maintain it and because we call things like they are and do not engage in hypocrisy. But there is a limit to everything. And with Ukraine, our western partners have crossed the line, playing the bear and acting irresponsibly and unprofessionally.

After all, they were fully aware that there are millions of Russians living in Ukraine and in Crimea. They must have really lacked political instinct and common sense not to foresee all the consequences of their actions. Russia found itself in a position it could not retreat from. If you compress the spring all the way to its limit, it will snap back hard. You must always remember this.

Today, it is imperative to end this hysteria, to refute the rhetoric of the cold war and to accept the obvious fact: Russia is an independent, active participant in international affairs; like other countries, it has its own national interests that need to be taken into account and respected.

At the same time, we are grateful to all those who understood our actions in Crimea; we are grateful to the people of China, whose leaders have always considered the situation in Ukraine and Crimea taking into account the full historical and political context, and greatly appreciate India’s reserve and objectivity.

Today, I would like to address the people of the United States of America, the people who, since the foundation of their nation and adoption of the Declaration of Independence, have been proud to hold freedom above all else. Isn’t the desire of Crimea’s residents to freely choose their fate such a value? Please understand us.

I believe that the Europeans, first and foremost, the Germans, will also understand me. Let me remind you that in the course of political consultations on the unification of East and West Germany, at the expert, though very high level, some nations that were then and are now Germany’s allies did not support the idea of unification. Our nation, however, unequivocally supported the sincere, unstoppable desire of the Germans for national unity. I am confident that you have not forgotten this, and I expect that the citizens of Germany will also support the aspiration of the Russians, of historical Russia, to restore unity.

I also want to address the people of Ukraine. I sincerely want you to understand us: we do not want to harm you in any way, or to hurt your national feelings. We have always respected the territorial integrity of the Ukrainian state, incidentally, unlike those who sacrificed Ukraine’s unity for their political ambitions. They flaunt slogans about Ukraine’s greatness, but they are the ones who did everything to divide the nation. Today’s civil standoff is entirely on their conscience. I want you to hear me, my dear friends. Do not believe those who want you to fear Russia, shouting that other regions will follow Crimea. We do not want to divide Ukraine; we do not need that. As for Crimea, it was and remains a Russian, Ukrainian, and Crimean-Tatar land.

I repeat, just as it has been for centuries, it will be a home to all the peoples living there. What it will never be and do is follow in Bandera’s footsteps!

Crimea is our common historical legacy and a very important factor in regional stability. And this strategic territory should be part of a strong and stable sovereignty, which today can only be Russian. Otherwise, dear friends (I am addressing both Ukraine and Russia), you and we – the Russians and the Ukrainians – could lose Crimea completely, and that could happen in the near historical perspective. Please think about it.

Let me note too that we have already heard declarations from Kiev about Ukraine soon joining NATO. What would this have meant for Crimea and Sevastopol in the future? It would have meant that NATO’s navy would be right there in this city of Russia’s military glory, and this would create not an illusory but a perfectly real threat to the whole of southern Russia. These are things that could have become reality were it not for the choice the Crimean people made, and I want to say thank you to them for this.

But let me say too that we are not opposed to cooperation with NATO, for this is certainly not the case. For all the internal processes within the organisation, NATO remains a military alliance, and we are against having a military alliance making itself at home right in our backyard or in our historic territory. I simply cannot imagine that we would travel to Sevastopol to visit NATO sailors. Of course, most of them are wonderful guys, but it would be better to have them come and visit us, be our guests, rather than the other way round.

Let me say quite frankly that it pains our hearts to see what is happening in Ukraine at the moment, see the people’s suffering and their uncertainty about how to get through today and what awaits them tomorrow. Our concerns are understandable because we are not simply close neighbours but, as I have said many times already, we are one people. Kiev is the mother of Russian cities. Ancient Rus is our common source and we cannot live without each other.

Let me say one other thing too. Millions of Russians and Russian-speaking people live in Ukraine and will continue to do so. Russia will always defend their interests using political, diplomatic and legal means. But it should be above all in Ukraine’s own interest to ensure that these people’s rights and interests are fully protected. This is the guarantee of Ukraine’s state stability and territorial integrity.

We want to be friends with Ukraine and we want Ukraine to be a strong, sovereign and self-sufficient country. Ukraine is one of our biggest partners after all. We have many joint projects and I believe in their success no matter what the current difficulties. Most importantly, we want peace and harmony to reign in Ukraine, and we are ready to work together with other countries to do everything possible to facilitate and support this. But as I said, only Ukraine’s own people can put their own house in order.

Residents of Crimea and the city of Sevastopol, the whole of Russia admired your courage, dignity and bravery. It was you who decided Crimea’s future. We were closer than ever over these days, supporting each other. These were sincere feelings of solidarity. It is at historic turning points such as these that a nation demonstrates its maturity and strength of spirit. The Russian people showed this maturity and strength through their united support for their compatriots.

Russia’s foreign policy position on this matter drew its firmness from the will of millions of our people, our national unity and the support of our country’s main political and public forces. I want to thank everyone for this patriotic spirit, everyone without exception. Now, we need to continue and maintain this kind of consolidation so as to resolve the tasks our country faces on its road ahead.

Obviously, we will encounter external opposition, but this is a decision that we need to make for ourselves. Are we ready to consistently defend our national interests, or will we forever give in, retreat to who knows where? Some Western politicians are already threatening us with not just sanctions but also the prospect of increasingly serious problems on the domestic front. I would like to know what it is they have in mind exactly: action by a fifth column, this disparate bunch of ‘national traitors’, or are they hoping to put us in a worsening social and economic situation so as to provoke public discontent? We consider such statements irresponsible and clearly aggressive in tone, and we will respond to them accordingly. At the same time, we will never seek confrontation with our partners, whether in the East or the West, but on the contrary, will do everything we can to build civilised and good-neighbourly relations as one is supposed to in the modern world.

Colleagues,

I understand the people of Crimea, who put the question in the clearest possible terms in the referendum: should Crimea be with Ukraine or with Russia? We can be sure in saying that the authorities in Crimea and Sevastopol, the legislative authorities, when they formulated the question, set aside group and political interests and made the people’s fundamental interests alone the cornerstone of their work. The particular historic, population, political and economic circumstances of Crimea would have made any other proposed option – however tempting it could be at the first glance – only temporary and fragile and would have inevitably led to further worsening of the situation there, which would have had disastrous effects on people’s lives. The people of Crimea thus decided to put the question in firm and uncompromising form, with no grey areas. The referendum was fair and transparent, and the people of Crimea clearly and convincingly expressed their will and stated that they want to be with Russia.

Russia will also have to make a difficult decision now, taking into account the various domestic and external considerations. What do people here in Russia think? Here, like in any democratic country, people have different points of view, but I want to make the point that the absolute majority of our people clearly do support what is happening.

The most recent public opinion surveys conducted here in Russia show that 95 percent of people think that Russia should protect the interests of Russians and members of other ethnic groups living in Crimea – 95 percent of our citizens. More than 83 percent think that Russia should do this even if it will complicate our relations with some other countries. A total of 86 percent of our people see Crimea as still being Russian territory and part of our country’s lands. And one particularly important figure, which corresponds exactly with the result in Crimea’s referendum: almost 92 percent of our people support Crimea’s reunification with Russia.

Thus we see that the overwhelming majority of people in Crimea and the absolute majority of the Russian Federation’s people support the reunification of the Republic of Crimea and the city of Sevastopol with Russia.

Now this is a matter for Russia’s own political decision, and any decision here can be based only on the people’s will, because the people is the ultimate source of all authority.

Members of the Federation Council, deputies of the State Duma, citizens of Russia, residents of Crimea and Sevastopol, today, in accordance with the people’s will, I submit to the Federal Assembly a request to consider a Constitutional Law on the creation of two new constituent entities within the Russian Federation: the Republic of Crimea and the city of Sevastopol, and to ratify the treaty on admitting to the Russian Federation Crimea and Sevastopol, which is already ready for signing. I stand assured of your support.

Can a currency system be localized?

A friend of mine is studying alternative money systems in Boulder, and has solicited input from her varied professional circles. Here are the questions she poses about localizing community transactions:

What is money? What does money do? What are certain properties of money (properties/qualities of money, of the realm of money)? What is the current money system now? How does it work? What are ‘problems’ with our current money system? Any thoughts about solutions to these perceived problems? 
 
How do we ‘localize’ money to the community? Who/What are the communities we want to serve in developing a local currency infrastructure? Consumers/Citizens? Local business? Banks/Credit Unions?

Who would benefit from a local currency? Who would not benefit? What are the various ‘possible’ geographical boundaries of this local money system? One business? A block of business? City?  Watershed?

Demonic DIA mustang Blucifer may be Bronco Blue, but eyes are Herring Red

Bluecifer, Satan's Steed, the Demon StallionThe conspiracy theories deepen about cruel oddities at Denver International Airport, and much of the conjecture is now being scuttled with classic disinformation. Questions are substantive enough about DIA construction anomalies, without worrying about Blucifer the red-eyed stallion, his Egyptian pal Anubis, gargoyle luggage gods, prophetic end-times murals, inward-facing concertina wire, tent canvas of pure Kevlar, and the dastardly Freemasons behind it all.

It’s supposed.

Conspiracy freaks delight in pretending the Masonic Order cannot help but leave triumphant clues about its omniscience. The eyeball pyramid on US paper currency would seem demonstration enough, but conspiracy sleuths nursed on Dan Brown eat that up. And the confusion disseminaters are pouring it on. Who am I to pooh-pooh any particulars, especially conspiracies, of themselves too often scurrilously maligned, except to suggest that the less symbolism-intensive speculation about DIA is plenty obvious, and operatic enough.

The fact that excavation continues at DIA, years after the facility became operative should raise eyebrows. How much excavation is required to build runways on a near-flat landscape? Has DIA really displaced so much earth it’s become a significant fraction of what was removed to carve the Panama Canal? Apparently satellite pictures reveal a growing mound to suggest the extent of cavernous facilities being dug under and around the DIA. The evocative white tents were always for the nomads, on the plains, white settlers needed dugouts.

Where easier to install secretive accommodations than under the everyday lock-down of a post-9/11 airport?

Would DIA serve as a massive underground concentration camp? Ask yourself if a many mile buffered isolation is necessary for that, on top of being underground, or vice-versa. Area 51 remains a mystery without having to comprise buried facilities. We’ve already seen that Superdomes smack in the middle of urban centers make perfectly inhumane detainment centers. Imagine too, the isolation of DIA, without a railway for incoming. The Nazi camps did not predate flight. There would have been no Auschwitz without a railroad line.

A far more obvious application would be as a shelter from the public outside, behind miles of no-man’s land, the single entrance easily closed off. Far from even prying eyes.

Underground shelters have historically been carved in bedrock, NORAD in Cheyenne Mountain as an example. Could a man-made hole ever surpass a mountain range for protection? But perhaps the New World Order has the atomic threat sewn up. The mushroom cloud may still be evoked to frighten the masses, but I’ll bet that all the nuclear arms across the globe are as secure as Israel’s Security Council veto. This DIA shelter may need only protect against biological agents or fallout from an environmental cataclysm.

Old-fashioned bomb shelters have suffered obsolescence due to ease-of-access. What safe-room will save you if you cannot get to it? NORAD only protected those already inside it. What do you do to protect far-flung clients in the age of Twitter-speed atmospheric percussions?

An oversized airport like DIA certainly answers that requirement. While Coloradans might grouse about the interminable drive to DIA, they might one day rue its impenetrability. Meanwhile the jet set will gain admission by simple default of having wings.

Nothing terribly complicated about that setup. If you belonged to the billionaires club, you’d think of a provision like that too. The A-bomb age already prepped Americans for the contingency that a nuclear war would necessitate saving the more important among us. What’s the objection now?

Media disguise spill it’s 42 times larger

Louisiana oil spill seen from spaceConfused about how much oil is spilling from BP’s offshore Deepwater Horizon catastrophe? When British Petroleum was asked, there was no spill, then an admitted manageable leak which TV pundits assured would produce a “sheen.” Viewers who thought they heard that the Coast Guard discovered the flow had become 42,000 gallons a day can be excused for their confusion when the accepted figure became 5,000. Because now the unit of measurement is barrels. The scale of the disaster suffered such an inflation that the PR currency had to be devalued. Never mind that gas is still priced by the gallon. BP officials insist the size of the spill is irrelevant, their damage mitigation will be unwavering. Let’s hope their standard for what constitutes contamination is not devalued. 5,000 barrels, by the way equals 210,000 gallons.

Where is humanitarian airlift for Gaza?

The Berlin airlift siege C-47
When the Soviet Union laid siege to West Berlin in 1947, the Western powers mounted a famous airlift to supply the city’s inhabitants for ten months until the siege was broken. At its height, the Berlin Airlift hauled almost 9,000 tons per day. By contrast, the Palestinians of the Gaza Strip remain besieged for two and a half years now, where is the humanitarian effort to save them?

The West’s official abandonment of the Gazans is shameful.

Gaza today has a similar population in number and density, also living in post-war squalor. A chief difference is that instead of a conqueror trying to impose a common currency to force assimilation, Palestine’s occupier wants to purge the people of the lands it want to absorb. The siege of Gaza represents living conditions made so dire that its victims want only to leave.

The recent Viva Palestina aid convoy to Gaza was the third successful effort to supply the people of Gaza. Counting also the attempts to bring supplies by boat, how do these methods compare to the help mobilized for Berlin?

At the close of the latest effort, leader George Galloway was ceremoniously banned from returning to Egypt. Some of the convoy’s participants still await flights out of Cairo, all of them declared persona non grata. Although Venezuelan upstart Hugo Chavez will reportedly be supporting the next Viva Palestina convoy this summer, Egypt has now declared that no aid effort will be allowed through its border crossing to Gaza.

Why will no foreign government support an airlift to Gaza –even if it means parachuting supplies? Or why not a naval convoy to breach the barricade? Israel repeats that Gaza is not occupied. A challenge to Gaza’s maritime sovereignty could settle that matter.

Upon arrival in Gaza, a participant in the aid convoy summarized his motivation to bring relief supplies to the people of Gaza: “because they deserve it.”

Counterfeiting Iran’s Green Movement

Iranian banknotes
Here’s an interesting twist on currency counterfeiting: the forged defacement of Iranian banknotes. Sure it’s a real bill, with real doodles, but did it circulate beyond anyone’s kitchen table? Hmm.

At this moment, Iranian students are protesting a video aired by the government purporting to depict demonstrators defiling a poster of the Ayatollah. They assert the footage was fabricated to accuse them of being counter-revolutionaries. In such a climate, how likely is it students are defacing his image on currency and then passing it on?

It appears to me, this “Banknote Uprising” meme is a shameless and unimaginative contrivance, devised in some expat’s Parisian apartment, to pretend Tehran is being flooded with green-marked bills, hoping to prompt real Iranians to take real risks for such a scheme.

A French account quotes a “Alireza, an artist and journalist in Tehran.”

“Mirhossein Mousavi asked young people to use their imagination. And that’s what they’ve done. These banknotes, marked with images and slogans, are everywhere. I have some myself. The central bank tried to take them out of circulation, but there are so many, they had to give up on the idea. For the young people it’s a way of saying ‘We’re here. The green movement is still going on.'”

You can trace the “Banknote Uprising” story from here to here. A closer source being perhaps here. None offer a hint about from where the bills emerged, or even why we should conclude they have been penned by students.

Customizing currency is an easy thing to do in the privacy of your own home, you can even mount and frame your work, or immortalize it on the internet. But is it fair to pretend it passed through the hands of accomplices and ordinary citizens, merchants and bankers, and back again?

Even in America, imagine writing something unpopular on a bill, and trying to convince a local business owner to accept it, knowing he has to exchange it with others, make the same pitch, and ultimately someone has to cough it up to a bank teller. In America the only penalty you face is the proverbial admonishment that it’s a federal crime to deface US currency, yada yada. But what if the person on the other side of the transaction is really offended? Can you do it anonymously? Money passing hands is the very definition of paper trail.

The gist of this meme is to suggest that disenfranchisement with the government is so prevalent that dissenting slogans are circulating freely as citizens pass money from one to another. Is that true? It supports the theory that the last elections in Iran were stolen. But no evidence of fraud has emerged except as made by the US-backed reform parties. The usual international election watchdogs do not report the wrongdoings they observed in abundance in Afghanistan for example.

Writing slogans on currency is not uncommon. Before the last election, I know people who wrote pro-Obama on every bill that passed their hands. Before that there was always something cute to pass along on dollar bills. Kilroy was here, maybe? But I don’t recall any examples of those marked bills or others, coming back.

The Green Movement protesters of Tehran deserve our admiration for their heroism. Not because they represent a democratic uprising, but for being caught between a repressive system, and Western agitators bent on contriving dissent to serve their own goals of regime change.

I think the forgers give themselves away with their choice of slogans. Have a gander at: Khamenei the non-believer is servant of Putin. OR They stole oil money and give it to Chavez. Best of all are the photos of half-dozen bills marked with a rubber stamp, arrayed before the stamp and ink pad. That’s a how-to illustration, not evidence of currency floating through the market.

Shah of Iran on banknoteThe reporting references Iran’s cultural heritage of marking banknotes with dissenting messages. An example is provided of a banknote with the image of the Shah of Iran, defaced by a rubber stamp on the occasion of the Islamic Revolution. But that’s quite another case, where Iran’s currency couldn’t be pulled immediately upon the Shah’s downfall. The existing bills had to be laundered with an official stamp until new bills could be printed to replace them.

Banknote Uprising we can wish. Do it yourself, but don’t con others into acts you’re not foolhardy enough to try yourself.

Vaneigem on energy as commodity

NMT’s in-house Situationist has been conceptualizing a way forward well expressed in this May 2009 interview of Raoul Vaneigem:
Situationist“We are being “offered” biofuels on the condition we agree to transgenic rapeseed farming. Eco-tourism will accelerate the plundering of our biosphere. Windmill farms are being built without any advantage to the consumers. Those are the areas where intervention is possible. Natural resources belong to us, they are free, they must be made to serve the freedom of life. It will be up to the communities to secure their own energy and food independence so as to free themselves from the control of the multinationals and their state vassals everywhere. Claiming natural power for our use means reclaiming our own existence first. Only creativity will rid us of work. …

Freeness is the only absolute weapon capable of shattering the mighty self-destruction machine set in motion by consumer society, whose implosion is still releasing, like a deadly gas, bottom-line mentality, cupidity, financial gain, profit, and predation. Museums and culture should be free, for sure, but so should public services, currently prey to the scamming multinationals and states. Free trains, buses, subways, free healthcare, free schools, free water, air, electricity, free power, all through alternative networks to be set up. As freeness spreads, new solidarity networks will eradicate the stranglehold of the commodity. This is because life is a free gift, a continuous creation that the market’s vile profiteering alone deprives us of.”
–Raoul Vaneigem, 2009

Interviewed by Hans Ulrich Obrist, for e-flux, Journal #6. See original article or the copy mirrored below:

In Conversation with Raoul Vaneigem

Hans Ulrich Obrist: I just visited Edouard Glissant and Patrick Chamoiseau, who have written an appeal to Barack Obama. What would your appeal and/or advice be to Obama?

Raoul Vaneigem: I refuse to cultivate any relationship whatsoever with people of power. I agree with the Zapatistas from Chiapas who want nothing to do with either the state or its masters, the multinational mafias. I call for civil disobedience so that local communities can form, coordinate, and begin self-producing natural power, a more natural form of farming, and public services that are finally liberated from the scams of government by the Left or the Right. On the other hand, I welcome the appeal by Chamoiseau, Glissant, and their friends for the creation of an existence in which the poetry of a life rediscovered will put an end to the deadly stranglehold of the commodity.

HUO: Could we talk about your beginnings? How did your participation in situationism begin, and what was your fundamental contribution? At the outset of your relationship with the SI, there was the figure of Henri Lefebvre. What did he mean to you at the time? Why did you decide to send him poetic essays?

RV: I would first like to clarify that situationism is an ideology that the situationists were unanimous in rejecting. The term “situationist” was ever only a token of identification. Its particularity kept us from being mistaken for the throngs of ideologues. I have nothing in common with the spectacular recuperation of a project that, in my case, has remained revolutionary throughout. My participation in a group that has now disappeared was an important moment in my personal evolution, an evolution I have personally pressed on with in the spirit of the situationist project at its most revolutionary. My own radicality absolves me from any label. I grew up in an environment in which our fighting spirit was fueled by working class consciousness and a rather festive conception of existence. I found Lefebvre’s Critique of Everyday Life captivating. When La Somme et le reste [The Sum and the Remainder] was published, I sent him an essay of sorts on “poetry and revolution” that was an attempt to unify radical concepts, Lettrist language, music, and film imagery by crediting them all with the common virtue of making the people’s blood boil. Lefebvre kindly responded by putting me in touch with Guy Debord who immediately invited me to Paris. The two of us had very different temperaments, but we would agree over a period of nearly ten years on the need to bring consumer society to an end and to found a new society on the principle of self-management, where life supersedes survival and the existential angst that it generates.

HUO: Which situationist projects remain unrealized?

RV: Psychogeography, the construction of situations, the superseding of predatory behavior. The radicality, which, notwithstanding some lapses, never ceased to motivate us, remains a source of inspiration to this day. Its effects are just beginning to manifest themselves in the autonomous groups that are now coming to grips with the collapse of financial capitalism.

HUO: The Situationist International defined the situationist as someone who commits her- or himself to the construction of situations. What were those situations for you, concretely? How would you define the situationist project in 2009?

RV: By its very style of living and thinking, our group was already sketching out a situation, like a beachhead active within enemy territory. The military metaphor is questionable, but it does convey our will to liberate daily life from the control and stranglehold of an economy based on the profitable exploitation of man. We formed a “group-at-risk” that was conscious of the hostility of the dominant world, of the need for radical rupture, and of the danger of giving in to the paranoia typical of minds under siege. By showing its limits and its weaknesses, the situationist experience can also be seen as a critical meditation on the new type of society sketched out by the Paris Commune, by the Makhnovist movement and the Republic of Councils wiped out by Lenin and Trotsky, by the libertarian communities in Spain later smashed by the Communist Party. The situationist project is not about what happens once consumer society is rejected and a genuinely human society has emerged. Rather, it illuminates now how lifestyle can supersede survival, predatory behavior, power, trade and the death-reflex.

HUO: You and Guy Debord are the main protagonists of the situationist movement. How do you see Debord’s role and your role?

RV: Not as roles. That is precisely what situationism in its most ridiculous version aims at: reducing us to cardboard cut-outs that it can then set up against one another according to the spectacle’s standard operating procedure. I am simply the spokesman, among others, of a radical consciousness. I just do what I can to see that resistance to market exploitation is transformed into an offensive of life, and that an art of living sweeps away the ruins of oppression.

HUO: What were your reasons for resigning from the group?

RV: Following the occupation movements of May 1968, we knew that some recuperation was afoot. We were familiar with the mechanisms of alienation that would falsify our ideas and fit them neatly into the cultural puzzle. It became clear to us, during the last conference in Venice, that we had failed to shatter those mechanisms, that in fact they were shattering us from the inside. The group was crumbling, the Venice conference was demonstrating its increasing uselessness, and the only answers put forward were commensurate with the self-parody we had fallen into. Dissension intensified to the point of paranoid denunciation: of betrayals of radicality, of breaches of revolutionary spirit, of dereliction of conscience. Those times of catharsis and anathema are now long past, and it might be useful to examine how it is that we sowed the seeds of failure for which the group ended up paying such a heavy price. The shipwreck, however, did not indiscriminately sweep away to the shores of oblivion all of us who participated in the adventure. The group vanished in such a way as to allow the individuals to either consolidate their radicality, disown it, or lapse into the imposture of radicalism. I have attempted to analyze our experimental adventure in Entre le deuil du monde et la joie de vivre [Between Mourning the World and Exuberant Life].

HUO: You have written a lot on life, not survival. What is the difference?

RV: Survival is budgeted life. The system of exploitation of nature and man, starting in the Middle Neolithic with intensive farming, caused an involution in which creativity—a quality specific to humans—was supplanted by work, by the production of a covetous power. Creative life, as had begun to unfold during the Paleolithic, declined and gave way to a brutish struggle for subsistence. From then on, predation, which defines animal behavior, became the generator of all economic mechanisms.

HUO: Today, more than forty years after May ‘68, how do you feel life and society have evolved?

RV: We are witnessing the collapse of financial capitalism. This was easily predictable. Even among economists, where one finds even more idiots than in the political sphere, a number had been sounding the alarm for a decade or so. Our situation is paradoxical: never in Europe have the forces of repression been so weakened, yet never have the exploited masses been so passive. Still, insurrectional consciousness always sleeps with one eye open. The arrogance, incompetence, and powerlessness of the governing classes will eventually rouse it from its slumber, as will the progression in hearts and minds of what was most radical about May 1968.

HUO: Your new book takes us on a trip “between mourning the world and exuberant life.” You revisit May ‘68. What is left of May ‘68? Has it all been appropriated?

RV: Even if we are today seeing recycled ideologies and old religious infirmities being patched up in a hurry and tossed out to feed a general despair, which our ruling wheelers and dealers cash in on, they cannot conceal for long the shift in civilization revealed by May 1968. The break with patriarchal values is final. We are moving toward the end of the exploitation of nature, of work, of trade, of predation, of separation from the self, of sacrifice, of guilt, of the forsaking of happiness, of the fetishizing of money, of power, of hierarchy, of contempt for and fear of women, of the misleading of children, of intellectual dominion, of military and police despotism, of religions, of ideologies, of repression and the deadly resolutions of psychic tensions. This is not a fact I am describing, but an ongoing process that simply requires from us increased vigilance, awareness, and solidarity with life. We have to reground ourselves in order to rebuild—on human foundations—a world that has been ruined by the inhumanity of the cult of the commodity.

HUO: What do you think of the current moment, in 2009? Jean-Pierre Page has just published Penser l’après crise [Thinking the After-Crisis]. For him, everything must be reinvented. He says that a new world is emerging now in which the attempt to establish a US-led globalization has been aborted.

RV: The agrarian economy of the Ancien Régime was a fossilized form that was shattered by the emerging free-trade economy, from the 1789 revolution on. Similarly, the stock-dabbling speculative capitalism whose debacle we now witness is about to give way to a capitalism reenergized by the production of non-polluting natural power, the return to use value, organic farming, a hastily patched-up public sector, and a hypocritical moralization of trade. The future belongs to self-managed communities that produce indispensable goods and services for all (natural power, biodiversity, education, health centers, transport, metal and textile production . . .). The idea is to produce for us, for our own use—that is to say, no longer in order to sell them—goods that we are currently forced to buy at market prices even though they were conceived and manufactured by workers. It is time to break with the laws of a political racketeering that is designing, together with its own bankruptcy, that of our existence.

HUO: Is this a war of a new kind, as Page claims? An economic Third World War?

RV: We are at war, yes, but this is not an economic war. It is a world war against the economy. Against the economy that for thousands of years has been based on the exploitation of nature and man. And against a patched-up capitalism that will try to save its skin by investing in natural power and making us pay the high price for that which—once the new means of production are created—will be free as the wind, the sun, and the energy of plants and soil. If we do not exit economic reality and create a human reality in its place, we will once again allow market barbarism to live on.

HUO: In his book Making Globalization Work, Joseph Stiglitz argues for a reorganization of globalization along the lines of greater justice, in order to shrink global imbalances. What do you think of globalization? How does one get rid of profit as motive and pursue well-being instead? How does one escape from the growth imperative?

RV: The moralization of profit is an illusion and a fraud. There must be a decisive break with an economic system that has consistently spread ruin and destruction while pretending, amidst constant destitution, to deliver a most hypothetical well-being. Human relations must supersede and cancel out commercial relations. Civil disobedience means disregarding the decisions of a government that embezzles from its citizens to support the embezzlements of financial capitalism. Why pay taxes to the bankster-state, taxes vainly used to try to plug the sinkhole of corruption, when we could allocate them instead to the self-management of free power networks in every local community? The direct democracy of self-managed councils has every right to ignore the decrees of corrupt parliamentary democracy. Civil disobedience towards a state that is plundering us is a right. It is up to us to capitalize on this epochal shift to create communities where desire for life overwhelms the tyranny of money and power. We need concern ourselves neither with government debt, which covers up a massive defrauding of the public interest, nor with that contrivance of profit they call “growth.” From now on, the aim of local communities should be to produce for themselves and by themselves all goods of social value, meeting the needs of all—authentic needs, that is, not needs prefabricated by consumerist propaganda.

HUO: Edouard Glissant distinguishes between globality and globalization. Globalization eradicates differences and homogenizes, while globality is a global dialogue that produces differences. What do you think of his notion of globality?

RV: For me, it should mean acting locally and globally through a federation of communities in which our pork-barreling, corrupt parliamentary democracy is made obsolete by direct democracy. Local councils will be set up to take measures in favor of the environment and the daily lives of everyone. The situationists have called this “creating situations that rule out any backtracking.”

HUO: Might the current miscarriages of globalization have the same dangerous effects as the miscarriages of the previous globalization from the ‘30s? You have written that what was already intolerable in ‘68 when the economy was booming is even more intolerable today. Do you think the current economic despair might push the new generations to rebel?

RV: The crisis of the ‘30s was an economic crisis. What we are facing today is an implosion of the economy as a management system. It is the collapse of market civilization and the emergence of human civilization. The current turmoil signals a deep shift: the reference points of the old patriarchal world are vanishing. Percolating instead, still just barely and confusedly, are the early markers of a lifestyle that is genuinely human, an alliance with nature that puts an end to its exploitation, rape, and plundering. The worst would be the unawareness of life, the absence of sentient intelligence, violence without conscience. Nothing is more profitable to the racketeering mafias than chaos, despair, suicidal rebellion, and the nihilism that is spread by mercenary greed, in which money, even devalued in a panic, remains the only value.

HUO: In his book Utopistics, Immanuel Wallerstein claims that our world system is undergoing a structural crisis. He predicts it will take another twenty to fifty years for a more democratic and egalitarian system to replace it. He believes that the future belongs to “demarketized,” free-of-charge institutions (on the model, say, of public libraries). So we must oppose the marketization of water and air.1 What is your view?

RV: I do not know how long the current transformation will take (hopefully not too long, as I would like to witness it). But I have no doubt that this new alliance with the forces of life and nature will disseminate equality and freeness. We must go beyond our natural indignation at profit’s appropriation of our water, air, soil, environment, plants, animals. We must establish collectives that are capable of managing natural resources for the benefit of human interests, not market interests. This process of reappropriation that I foresee has a name: self-management, an experience attempted many times in hostile historical contexts. At this point, given the implosion of consumer society, it appears to be the only solution from both an individual and social point of view.

HUO: In your writing you have described the work imperative as an inhuman, almost animal condition. Do you consider market society to be a regression?

RV: As I mentioned above, evolution in the Paleolithic age meant the development of creativity—the distinctive trait of the human species as it breaks free from its original animality. But during the Neolithic, the osmotic relationship to nature loosened progressively, as intensive agriculture became based on looting and the exploitation of natural resources. It was also then that religion surfaced as an institution, society stratified, the reign of patriarchy began, of contempt for women, and of priests and kings with their stream of wars, destitution, and violence. Creation gave way to work, life to survival, jouissance to the animal predation that the appropriation economy confiscates, transcends, and spiritualizes. In this sense market civilization is indeed a regression in which technical progress supersedes human progress.

HUO: For you, what is a life in progress?

RV: Advancing from survival, the struggle for subsistence and predation to a new art of living, by recreating the world for the benefit of all.

HUO: My interviews often focus on the connections between art and architecture/urbanism, or literature and architecture/urbanism. Could you tell me about the Bureau of Unitary Urbanism?

RV: That was an idea more than a project. It was about the urgency of rebuilding our social fabric, so damaged by the stranglehold of the market. Such a rebuilding effort goes hand in hand with the rebuilding by individuals of their own daily existence. That is what psychogeography is really about: a passionate and critical deciphering of what in our environment needs to be destroyed, subjected to détournement, rebuilt.

HUO: In your view there is no such thing as urbanism?

RV: Urbanism is the ideological gridding and control of individuals and society by an economic system that exploits man and Earth and transforms life into a commodity. The danger in the self-built housing movement that is growing today would be to pay more attention to saving money than to the poetry of a new style of life.

HUO: How do you see cities in the year 2009? What kind of unitary urbanism for the third millennium? How do you envision the future of cities? What is your favorite city? You call Oarystis the city of desire. Oarystis takes its inspiration from the world of childhood and femininity. Nothing is static in Oarystis. John Cage once said that, like nature, “one never reaches a point of shapedness or finishedness. The situation is in constant unpredictable change.”2 Do you agree with Cage?

RV: I love wandering through Venice and Prague. I appreciate Mantua, Rome, Bologna, Barcelona, and certain districts of Paris. I care less about architecture than about how much human warmth its beauty has been capable of sustaining. Even Brussels, so devastated by real estate developers and disgraceful architects (remember that in the dialect of Brussels, “architect” is an insult), has held on to some wonderful bistros. Strolling from one to the next gives Brussels a charm that urbanism has deprived it of altogether. The Oarystis I describe is not an ideal city or a model space (all models are totalitarian). It is a clumsy and naïve rough draft for an experiment I still hope might one day be undertaken—so I agree with John Cage. This is not a diagram, but an experimental proposition that the creation of an environment is one and the same as the creation by individuals of their own future.

HUO: Is Oarystis based on natural power, like the Metabolist cities? Rem Koolhaas and I are working on a book on the Japanese Metabolists. When I read your wonderful text on Oarystis, I was reminded of that movement from the 1960s, especially the floating cities, Kikutake’s water cities. Is Oarystis a Metabolist city?

RV: When Oarystis was published, the architect Philippe Rothier and Diane Hennebert, who ran Brussels’ Architecture Museum at the time, rightly criticized me for ignoring the imaginative projects of a new generation of builders. Now that the old world is collapsing, the fusion of free natural power, self-built housing techniques, and the reinvention of sensual form is going to be decisive. So it is useful to remember that technical inventiveness must stem from the reinvention of individual and collective life. That is to say, what allows for genuine rupture and ecstatic inventiveness is self-management: the management by individuals and councils of their own lives and environment through direct democracy. Let us entrust the boundless freedoms of the imaginary to childhood and the child within us.

HUO: Several years ago I interviewed Constant on New Babylon. What were your dialogues with Constant and how do you see New Babylon today?

RV: I never met Constant, who if I am not mistaken had been expelled before my own association with the SI. New Babylon’s flaw is that it privileges technology over the formation of an individual and collective way of life—the necessary basis of any architectural concept. An architectural project only interests me if it is about the construction of daily life.

HUO: How can the city of the future contribute to biodiversity?

RV: By drawing inspiration from Alphonse Allais, by encouraging the countryside to infiltrate the city. By creating zones of organic farming, gardens, vegetable plots, and farms inside urban space. After all, there are so many bureaucratic and parasitical buildings that can’t wait to give way to fertile, pleasant land that is useful to all. Architects and squatters, build us some hanging gardens where we can go for walks, eat, and live!

HUO: Oarystis is in the form of a maze, but it is also influenced by Venice and its public piazzas. Could you tell us about the form of Oarystis?

RV: Our internal space-time is maze-like. In it, each of us is at once Theseus, Ariadne, and Minotaur. Our dérives would gain in awareness, alertness, harmony, and happiness if only external space-time could offer meanders that could conjure up the possible courses of our futures, as an analogy or echo of sorts—one that favors games of life, and prevents their inversion into games of death.

HUO: Will museums be abolished? Could you discuss the amphitheater of memory? A protestation against oblivion?

RV: The museum suffers from being a closed space in which works waste away. Painting, sculpture, music belong to the street, like the façades that contemplate us and come back to life when we greet them. Like life and love, learning is a continuous flow that enjoys the privilege of irrigating and fertilizing our sentient intelligence. Nothing is more contagious than creation. But the past also carries with it all the dross of our inhumanity. What should we do with it? A museum of horrors, of the barbarism of the past? I attempted to answer the question of the “duty of memory” in Ni pardon, ni talion [Neither Forgiveness Nor Retribution]:

Most of the great men we were brought up to worship were nothing more than cynical or sly murderers. History as taught in schools and peddled by an overflowing and hagiographic literature is a model of falsehood; to borrow a fashionable term, it is negationist. It might not deny the reality of gas chambers, it might no longer erect monuments to the glory of Stalin, Mao or Hitler, but it persists in celebrating the brutish conqueror: Alexander, called the Great—whose mentor was Aristotle, it is proudly intoned—Julius Caesar, Genghis Khan, Tamerlane, Napoleon, the throngs of generals, slaughterers of peoples, petty tyrants of the city or the state, torturer–judges, Javerts of every ilk, conniving diplomats, rapists and killers contracted by religions and ideologies; so much high renown carved from baseness, wickedness, and abjection. I am not suggesting we should unpave the avenues of official history and pave the side alleys instead. We are not in need of a purged history, but of a knowledge that scoops out into broad daylight facts that have been obscured, generation after generation, by the unceasing stratification of prejudice. I am not calling for a tribunal of the mind to begin condemning a bunch of undesirables who have been bizarrely put up on pedestals and celebrated in the motley pantheons of official memory. I just want to see the list of their crimes, the mention of their victims, the recollection of those who confronted them added to the inventory of their unsavory eulogies. I am not suggesting that the name of Francisco Ferrer wipe out that of his murderer, Alfonso XIII, but that at the very least everything be known of both. How dare textbooks still cultivate any respect for Bonaparte, responsible for the death of millions, for Louis XIV, slaughterer of peasants and persecutor of Protestants and freethinkers? For Calvin, murderer of Jacques Gruet and Michel Servet and dictator of Geneva, whose citizens, in tribute to Sébastien Castellion, would one day resolve to destroy the emblems and signs of such an unworthy worship? While Spain has now toppled the effigies of Francoism and rescinded the street names imposed by fascism, we somehow tolerate, towering in the sky of Paris, that Sacré-Coeur whose execrable architecture glorifies the crushing of the Commune. In Belgium there are still avenues and monuments honoring King Leopold II, one of the most cynical criminals of the nineteenth century, whose “red rubber” policy—denounced by Mark Twain, by Roger Casement (who paid for this with his life), by Edward Dene Morel, and more recently by Adam Hochschild—has so far bothered nary a conscience. This is a not a call to blow up his statues or to chisel away the inscriptions that celebrate him. This is a call to Belgian and Congolese citizens to cleanse and disinfect public places of this stain, the stain of one of the worst sponsors of colonial savagery. Paradoxically, I do tend to believe that forgetting can be productive, when it comes to the perpetrators of inhumanity. A forgetting that does not eradicate remembering, that does not blue-pencil memory, that is not an enforceable judgment, but that proceeds rather from a spontaneous feeling of revulsion, like a last-minute pivot to avoid dog droppings on the sidewalk. Once they have been exposed for their inhumanity, I wish for the instigators of past brutalities to be buried in the shroud of their wrongs. Let the memory of the crime obliterate the memory of the criminal.
3

HUO: Learning is deserting schools and going to the streets. Are streets becoming Thinkbelts? Cedric Price’s Potteries Thinkbelt used abandoned railroads for pop-up schools. What and where is learning today?

RV: Learning is permanent for all of us regardless of age. Curiosity feeds the desire to know. The call to teach stems from the pleasure of transmitting life: neither an imposition nor a power relation, it is pure gift, like life, from which it flows. Economic totalitarianism has ripped learning away from life, whose creative conscience it ought to be. We want to disseminate everywhere this poetry of knowledge that gives itself. Against school as a closed-off space (a barrack in the past, a slave market nowadays), we must invent nomadic learning.

HUO: How do you foresee the twenty-first-century university?

RV: The demise of the university: it will be liquidated by the quest for and daily practice of a universal learning of which it has always been but a pale travesty.

HUO: Could you tell me about the freeness principle (I am extremely interested in this; as a curator I have always believed museums should be free—Art for All, as Gilbert and George put it).

RV: Freeness is the only absolute weapon capable of shattering the mighty self-destruction machine set in motion by consumer society, whose implosion is still releasing, like a deadly gas, bottom-line mentality, cupidity, financial gain, profit, and predation. Museums and culture should be free, for sure, but so should public services, currently prey to the scamming multinationals and states. Free trains, buses, subways, free healthcare, free schools, free water, air, electricity, free power, all through alternative networks to be set up. As freeness spreads, new solidarity networks will eradicate the stranglehold of the commodity. This is because life is a free gift, a continuous creation that the market’s vile profiteering alone deprives us of.

HUO: Where is love in Oarystis?

RV: Everywhere. The love affair, as complex as it is simple, will serve as the building block for the new solidarity relations that sooner or later will supersede selfish calculation, competition, competitiveness, and predation, causes of our societies’ dehumanization.

HUO: Where is the city of the dead? In a forest rather than a cemetery?

RV: Yes, a forest, an auditorium in which the voices of the dead will speak amidst the lushness of nature, where life continuously creates itself anew.

HUO: Have you dreamt up other utopian cities apart from Oarystis? Or a concrete utopia in relation to the city?

RV: No, but I have not given up hope that such projects might mushroom and be realized one day, as we begin reconstructing a world devastated by the racketeering mafias.

HUO: In 1991 I founded a Robert Walser museum, a strollological museum, in Switzerland. I have always been fascinated by your notion of the stroll. Could you say something about your urban strolls with and without Debord? What about Walser’s? Have other strollologists inspired you?

RV: I hold Robert Walser in high regard, as many do. His lucidity and sense of dérive enchanted Kafka. I have always been fascinated by the long journey Hölderlin undertook following his break-up with Diotima. I admire Chatwin’s Songlines, in which he somehow manages to turn the most innocuous of walks into an intonation of the paths of fate, as though we were in the heart of the Australian bush. And I appreciate the strolls of Léon-Paul Fargue and the learning of Héron de Villefosse. My psychogeographic dérives with Guy Debord in Paris, Barcelona, Brussels, Beersel, and Antwerp were exceptional moments, combining theoretical speculation, sentient intelligence, the critical analysis of beings and places, and the pleasure of cheerful drinking. Our homeports were pleasant bistros with a warm atmosphere, havens where one was oneself because one felt in the air something of the authentic life, however fragile and short-lived. It was an identical mood that guided our wanderings through the streets, the lanes and the alleys, through the meanderings of a pleasure that our every step helped us gauge in terms of what it might take to expand and refine it just a little further. I have a feeling that the neighborhoods destroyed by the likes of Haussmann, Pompidou, and the real estate barbarians will one day be rebuilt by their inhabitants in the spirit of the joy and the life they once harbored.

HUO: What possibilities do you see for disalienation and détournement in 2009?

RV: This is a time of unprecedented chaos in material and moral conditions. Human values are going to have to compensate for the effects of the only value that has prevailed so far: money. But the implosion of financial totalitarianism means that this currency, which has so tripped us up, is now doomed to devaluation and a loss of all meaning. The absurdity of money is becoming concrete. It will gradually give way to new forms of exchange that will hasten its disappearance and lead to a gift economy.

HUO: What are the conditions for dialogue in 2009? Is there a way out of this system of isolation?

RV: Dialogue with power is neither possible nor desirable. Power has always acted unilaterally, by organizing chaos, by spreading fear, by forcing individuals and communities into selfish and blind withdrawal. As a matter of course, we will invent new solidarity networks and new intervention councils for the well-being of all of us and each of us, overriding the fiats of the state and its mafioso-political hierarchies. The voice of lived poetry will sweep away the last remaining echoes of a discourse in which words are in profit’s pay.

HUO: In your recent books you discuss your existence and temporality. The homogenizing forces of globalization homogenize time, and vice versa. How does one break with this? Could you discuss the temporality of happiness, as a notion?

RV: The productivity- and profit-based economy has implanted into lived human reality a separate reality structured by its ruling mechanisms: predation, competition and competitiveness, acquisitiveness and the struggle for power and subsistence. For thousands of years such denatured human behaviors have been deemed natural. The temporality of draining, erosion, tiredness, and decay is determined by labor, an activity that dominates and corrupts all others. The temporality of desire, love, and creation has a density that fractures the temporality of survival cadenced by work. Replacing the temporality of money will be a temporality of desire, a beyond-the-mirror, an opening to uncharted territories.

HUO: Is life ageless?

RV: I don’t claim that life is ageless. But since survival is nothing but permanent agony relieved by premature death, a renatured life that cultivates its full potential for passion and creation would surely achieve enough vitality to delay its endpoint considerably.

HUO: The Revolution of Everyday Life was a trigger for May ’68, and you have stated in other interviews that it is your key book that you are continually rewriting. Was the book an epiphany? How did it change the course of your work? What had you been doing previously?

RV: The book was prompted by an urgent need I was feeling at the time for a new perspective on the world and on myself, to pull me out of my state of survival, by means other than through suicide. This critical take on a consumer society that was corrupting and destroying life so relentlessly made me aware and conscious of my own life drive. And it became clear to me very quickly that this wasn’t a purely solipsistic project, that many readers were finding their own major concerns echoed there.

HUO: The Revolution of Everyday Life ends on an optimistic note: “We have a world of pleasures to win, and nothing to lose but boredom.”4 Are you still an optimist today?

RV: “Pessimists, what is it you were hoping for?,” Scutenaire wrote. I am neither a pessimist nor an optimist. I try to remain faithful to a principle: desire everything, expect nothing.

HUO: What is the most recent version of the book?

RV: Entre le deuil du monde et la joie de vivre [Between Mourning the World and Exuberant Life].

HUO: What book are you working on at the moment?

RV: I would love to have the resources to complete a Dictionary of Heresies, so as to clarify and correct the historical elements included in The Movement of the Free Spirit and Resistance to Christianity.

HUO: The question of temporality also brings us to Proust and his questionnaire (see inset). What might your definition of happiness be in 2009?

RV: Living ever more intensely and passionately in an ever more intense world. To those who sneer at my ecstatic candor, I reply with a phrase that brings me great comfort: “The desire for an other life is that life already.”5

HUO: Do you have unrealized projects? Unrealized books, unrealized projects in fields other than writing, unrealized architectural projects?

RV: My priority is to live better and better in a world that is more and more human. I would love to build the “urban countryside” of Oarystis, but I’m not just waiting patiently, like Fourier at the Palais Royal, for some billionaire to decide to finance the project only to lose everything to the financial crash a minute later.

HUO: What about your collaborations with other artists, painters, sculptors, designers, filmmakers?

RV: I don’t collaborate with anyone. At times I have offered a few texts to artist friends, not as a commentary on their work but as a counterpoint to it. Art moves me when, in it, I can sense its own overcoming, something that goes beyond it; when it nurtures a trace of life that blossoms as a true aspiration, the intuition of a new art of living.

HUO: Could you tell me about Brussels? What does Brussels mean to you? Where do you write?

RV: I live in the country, facing a garden and woods where the rhythm of the seasons has retained its beauty. Brussels as a city has been destroyed by urbanists and architects who are paid by real estate developers. There are still a few districts suitable for nice walks. I am fond of a good dozen wonderful cafés where one can enjoy excellent artisanal beers.

HUO: Do you agree with Geremek’s view that Europe is the big concern of the twenty-first century?

RV: I am not interested in this Europe ruled by racketeering bureaucracies and corrupt democracies. And regions only interest me once they are stripped of their regionalist ideology and are experiencing self-management and direct democracy. I feel neither Belgian nor European. The only homeland is a humanity that is at long last sovereign.

HUO: You have used a lot of pseudonyms. Je est un autre [I is an other]? How do you find or choose pseudonyms? How many pseudonyms have you used? Is there a complete list?

RV: I don’t keep any kind of score. I leave it up to the inspiration of the moment. There is nothing secret about using a pseudonym. Rather, it is about creating a distance, most often in commissioned work. This allows me to have some fun while alleviating my enduring financial difficulties, which I have always refused to resolve by compromising with the world of the spectacle.

HUO: A book that has been used by many artists and architects has been your Dictionnaire de citations pour servir au divertissement et a l’intelligence du temps [Dictionary of Quotations for the Entertainment and Intelligence of Our Time]. Where did that idea come from?

RV: It was a suggestion from my friend Pierre Drachline, who works for the Cherche Midi publishing house.

HUO: You have often criticized environmental movements who try to replace existing capitalism with capitalism of a different type. What do you think of Joseph Beuys? What non-capitalist project or movement do you support?

RV: We are being “offered” biofuels on the condition we agree to transgenic rapeseed farming. Eco-tourism will accelerate the plundering of our biosphere. Windmill farms are being built without any advantage to the consumers. Those are the areas where intervention is possible. Natural resources belong to us, they are free, they must be made to serve the freedom of life. It will be up to the communities to secure their own energy and food independence so as to free themselves from the control of the multinationals and their state vassals everywhere. Claiming natural power for our use means reclaiming our own existence first. Only creativity will rid us of work.

HUO: Last but not least, Rilke wrote that wonderful little book of advice to a young poet. What would your advice be to a young philosopher-writer in 2009?

RV: To apply to his own life the creativity he displays in his work. To follow the path of the heart, of what is most alive in him.

Translated from the French by Eric Anglès

I knew Black Friday, and You Sir, are no Black Friday

Robinson Crusoe illustration by OffterdingerIf this year’s “Black Friday” fails to pull retailers out of their red ink, should the dubious protologism retire its presumption to speak for consumer confidence? I think it should. Wasn’t it really just an economist’s “for the Gipper” meme –putting the solvency of the market on the shoulders of Christmas shoppers, rallying them to pull the economy into the black, regardless if it meant spending themselves into the red? I hate it when emotion-charged phrases are usurped by pretenders. Hiroshima was “Ground Zero” before the WTC, the “Homeland” was Nazi Germany, and “Black Friday” was Robinson Crusoe’s, well, Man Friday.

“Black Friday” in general has represented whichever awful event befell that day of the week of recent memory. It may be a wonderful anti-racism step to appoint a rare positive attribution to the word “black,” but I object to its use here to exacerbate affluenza, targeted against the best efforts of sustainability educators to reframe the day-after-Thanksgiving as Buy Nothing Day. If you are a booster for consumerism, black is an accounting concept meaning profitability. But how disingenuous to expect that those outside the balance sheet should share the enthusiasm. For example, it’s not everyone’s Good Friday just because Notre Dame wins that day. Good Friday, by the way, is also called Black Friday, as is any Friday that falls on the 13th.

Below I will list history’s Black Fridays, lest nocturnal Wikipedia cobbler elves continue their PR visits to bolster the retailer claim to the term. According to “Wikipedia” the earliest citation for a shopper’s “Black Friday” is 1966. But in actuality, the expression came from Philadelphia bus drivers and policemen referring to the traffic congestion created at their city center on the busiest shopping day of the year. But Philadelphia retailers objected to the negative connotation. Perhaps as a result, the “black ink” angle surfaces, attributed to a store clerk, offering a more upbeat, chamber-of-commerce-friendly spin. Hmm.

Many people think Black Friday recalls the Stock Market Crash of 1929. It does, and they’re right to be confused about which day of the week it was in particular, because the first day of the crash became known as Black Thursday, followed by Black Friday, then the next trading days, Black Monday and Black Tuesday.

What other occasions in man’s history have warranted the dark coloration? Let’s begin with Black Sabbath:

Black Saturdays
Sept 10, 1547, disaster for Scottish defenders at Battle of Pinkie Cleugh, Scotland
Aug 6, 1621, Mass hysteria caused by dark stormy night confirming Armageddon arrived with Episcopacy, Scotland
Dec 28, 1929, Massacre of Mau demonstrators by NZ police, Samoa
June 13, 1942, Disastrous UK Battle of Gazala against German Afrika Korps
June 29, 1946, UK Operation Agatha against Zionist terrorists in Palestine
Oct 8, 1962, height of A-bomb scare, Cuban Missile Crisis
Dec 6, 1975, Beirut massacres which started Lebanese Civil War, Lebanon
July 31, 1982, worst road accident in French history, (on annual “Black Saturday” when entire of population takes to the road for vacation)
July 14, 1984, Honk Kong exchange rates fall to all time low
Aug 20, 1988, worst day of Yellowstone Fires
Jan 20, 1990, January Massacre of Azeri demonstrators by Soviet Army, Azerbaijan
Feb 7, 2009, brush fires, Victoria, Australia

Black Sundays
Feb 14, 1926, bush fires, Victoria, Australia
April 14, 1935, “Black Blizzard” over Dust Bowl, the Great Plains of US and Canada
Feb 6, 1938, fatal waves on Bondi Beach, Australia
Nov 8, 1942, Nazi extermination of Jews in Staszow, Poland
June 11, 1944, disastrous Canadian battle against German Panzers, Normandy, France
Sept 24, 1950, sunlight blocked by forest fires, Pennsylvania
Jan 2, 1955, brush fires in Southern Australia
May 2, 1982, Exxon canceled shale oil project in Parachute, Colorado
Nov 24, 1991, extreme right party ascension in Belgium
May 1, 1994, San Marino Grand Prix death of Ayrton Senna
April 26, 1998, DIA inter-terminal subway fails, Denver
Jan 21, 2001, Direct TV purged viewers who were pirating signals
Feb 18, 2001, Datona 500 death of Dale Earnhart
Dec 28, 2008, Detroit Lions finished 0-16

Black Mondays
Easter, 1209, English settlers massacred in Dublin, Ireland
April 14, 1360, Easter misfortune during Hundred Years War
Feb 8, 1886, Pall Mall Riot, London, UK
Dec 10, 1894, Newfoundland bank failure, Canada
Oct 28, 1929, Stock Market Crash, 3rd day of trading
May 27, 1935, US Supreme Court overturns National Recovery Act
Sept 19, 1977, Shutdown of Youngstown, Ohio steel mill
Nov 27, 1978, Assassination of Harvey Milk
Oct 19, 1987, global stock market crash
Oct 8, 1990, Temple Mount Massacre by Israeli IDF, Palestine

Black Tuesdays
Oct 29, 1929, Stock Market Crash
1967, brush fires in Tasmania, Australia
Oct 20, 1987, global stock market crash, because Monday is Tuesday in Australia

Black Wednesdays
Sept 16, 1992, when UK withdrew currency from European Exchange Rate Mechanism, suffering a devaluation of 3.4 billion pounds.
Nov 3, 2004, John Kerry concedes 2004 election immediately after promising to challenge polling irregularities.

Had not the US Stock Exchange been shut down on Tuesday, there would have been a Black Wednesday 1929 as well.

Black Thursdays
Feb 6, 1851, brush fires, Victoria, Australia
Oct 24, 1929, start of US Stock Market Crash
Oct 14, 1943, disastrous US-UK bombing raid over Schweinfurt, Germany
Dec 16, 1943, disastrous UK bombing raid over Berlin, Germany
Aug 24, 1995, Moscow Interbank credit market collapse, Russia
Feb 8, 1998, Black World Wide Web Protest
July 24, 2003, Guatemala City riots, Guatemala

Black Fridays
Sept 24, 1869, collapse of price of gold.
Oct 14, 1881, Eyemouth Disaster, Scotland
Nov 11, 1887, Haymarket hangings of innocent anarchists, Chicago
Nov 18, 1910, Police assault of suffragettes, London, UK
Jan 31, 1919, George Square Riot, during strike for 40hr work week, Glasgow, Scotland
Oct 25, 1929, second day of Stock Market Crash
Jan 13, 1939, bush fires in Victoria, Australia
1940 movie starring Boris Karloff
Sept 18, 1942, Bombing of Dartmouth, Devon, UK
Oct 13, 1944, Disastrous Canadian raid, Battle of the Scheldt, Belgium
Feb 9, 1945, Disastrous UK air raid, Battle of Sunnfjord, Norway
Oct 5, 1945, Hollywood Warner Brothers union riot, led to Taft-Hartley Act
May 5, 1950, Red River Flood, Winnipeg, Manitoba, Canada
Oct 7, 1977, Phillies lost to Dodgers, game 3 of National League series
Sept 8, 1978, Massacre of protesters in Tehran, led to Iranian Revolution
May 31, 1985, US-Canadian Tornado outbreak
July 31, 1987, Edmonton Tornado, Alberta Canada
March 12, 1993 Bombay Bombings
Aug 12, 2004, suppression of protests, Male, Maldives
Sept 30, 2005, Students protesters killed in Meghalaya, India
Oct 3, 2008, EESA Wall Street Bailout
–AND–
Nov 28, 2009, the first day of the Christmas shopping season, when America’s retailers balance sheets are brought out of the red.

It fits right?

Consumer confidence men

Sam IsraelThe more I see pundits scoring Barack Obama’s performance based on Wall Street’s reaction, according to how much hope Obama is able to infuse into the public’s faltering confidence in the economy, I have to ponder the uncomfortable etymology of the term CON ARTIST. Con Man is short for Confidence Man, itself a now obscure euphemism for chiseler, defrauder, grifter, scammer, swindler, gouger, or fraud. But the term is still charmingly descriptive.

While even the disreputable economists now admit that Americans can expect much worse from our economy, Bill Clinton is publicly counseling President Obama to come across with more confidence about our nation’s financial prospects.

The ex-president formally known as Slick Willy is talking about your confidence to spend, without regard to whether you may lose your job, your home, your health, or your life savings.

It’s money that makes the world go round. They need everybody’s, including yours. All the better if you have to borrow it, because you really are of little use to a monetary system unless you take out a loan and pay interest.

Otherwise, with what is anybody going to laugh all the way to the bank?

The following are a few relevant dictionary definitions. Actually, I thought they were going to be more tangential:

consumer confidence
The degree of optimism that consumers are expressing for the state of the economy through their saving and spending activity.

con·fi·dence
Trust or faith in a person or thing.

confidence man
A swindler who exploits the confidence of his victim.

confidence game
A swindle in which the victim is defrauded after his or her confidence has been won.

confidence trick
A swindle in which you cheat at gambling or persuade a person to buy worthless property.

toxic asset
Not in the dictionary. Not even Orwell’s 1984. Could this be the balance sheet doppelganger to the “good-for-you liability?” Does it share the value of a “profit-net-loss” as n approaches zero? The meaning of toxic asset would be recognizably oxymoronic, if it weren’t for the fine suits worn by the FED’s confidence men. Literally, shouldn’t a carcinogenic nutrient translate, currency-exchange wise, into Funny Money?

Much as the banks want to disguise it, a Toxic asset sounds to me like Spilt Milk, an idiom for which we already know the recourse. A chorus of cries from Bernanke, Volcker, Paulson & Rubin would not then be able to convince us to put it back in the bottle and pay for it again.

the short end of the stick

hazelwood tally stick It was one of the greatest heists in history. The scene? London, 1660. The perpetrator? England’s King Charles the II. The loot? All the gold he could con out of the country’s goldsmiths, bankers and businessmen. The tool?
 
A tally stick.

Tally sticks were a brilliant invention, but they were also insidious as they formed the foundation for the fiat currency systems we still have today. One where the root of a currency’s value is in a promise from a faceless institution, and not in the actual value of an object.

Put into use about a thousand years ago, they were a common sense solution for a young gold-and-goods economy where gold was scarce. By the time of the heist they were used in everyday transactions.

Here is how it worked. When a loan was made, the debt was carved in a standard fashion on the surface of a small (preferably hazelwood) stick, and then the stick was split in half through the center of the carving. The longer end of the IOU was given to the purchaser, and its handle was called the “stock” — the root of the word’s use in today’s markets.

Even a mostly illiterate public could read the amount scratched into the wood, and the stick would only fit perfectly with its original other half. That way, when the debtor returned with the money (or goods) owed, the sticks would be matched and the debt would be “tallied.”

In that fundamental use, they worked perfectly. But of course, as is governments’ way, the King was tempted to stretch those bounds.

Charles II ruled at a time when royal power was still based on a divine mandate. His government and institutions — and indeed he himself — saw the king as the Chosen One, which was a real shame for him because it bound him to the laws of Christendom. And Christianity at the time still forbade lending or borrowing with usury (interest). When financing several failing wars against neighboring countries depleted royal coffers, Charles II needed some quick cash to continue living in kingly fashion.

King Charles II turned to the trusted tally and the keen idea of selling his (government) tallies (debt) at a discount. That way he could allow his lenders to profit without charging interest — the basis for government debt being sold at a discount today.

And the King could issue advance tallies for emergency spending, an idea that proved all too tempting. He sold the tallies collected by his Exchequer (tax collector), essentially trading future tax receipts to the country’s goldsmiths (bankers) for quick cash.

The tallies were receipts for taxes to be paid later in the year. This is a crucial part of the story: they weren’t trading on the value of the objects being traded, but on the cost of waiting for a return and the government’s ability to collect taxes and stay honest. If the government is not honest, this is an outright Ponzi scheme, one where new debt issue could theoretically pay for passing bills. For a while.

The King realized that he’d stumbled onto something big. He could wage all the war he wanted and pay his bills with the gold he got for hazelwood. The King spent and spent, and the goldsmiths’ vaults filled up with more and more sticks.

Goldsmiths were handing out certificates for fractional gold reserves and inflating the young economy in a con all their own. And since the King played along with their early building of a banking system, they played along with the sticks-for-gold investment strategy.

Over time, the market got wise to the game. Buyers started attaching larger and larger discounts to the King’s debt to offset the perceived risk in loaning money to the King. The discounts prompted the King to issue even more tallies, promising out more future tax revenues just to meet his short-term spending desires. But remember only the discount was changing here. So the mountain of taxes to be redeemed in order to pay off his debts grew in comparison, soon overwhelming the King’s income.

By the time the whole Ponzi scheme came to an end, the King’s sticks were trading at a 10% discount (to put that into perspective, short-term T-Bills are currently trading with discounts of one-tenth of one percent or less). The payments on his newer issues trading at that discount soon outmatched all the Kingdom’s tax revenues, effectively bankrupting his Exchequer and threatening to put the monarchy in the poorhouse.

So with the stroke of a pen, the King simply declared those debts illegal and ceased payment.

With that single stroke he stole most of England’s gold — having already spent it — and forced the young economy to fall flat on its face. The King’s various creditors ended up on “the short end of the stick” and all credit in the country evaporated very nearly overnight.

Pretty scary, huh? I’m glad such a thing could never happen today.

Santa bought little; Barack to throw paper dollars into air

homeless in carsThe Christmas shopping season was the worst in four decades with sales slumping everywhere. Wal-Mart and other retailers warn after weak December So our new fearless leader, Barack, plans to continue Bush’s program of throwing deficit dollars into the wind towards the rich. Everybody’s on board the road to bankrupting the US government!

What happens if the printing out of new dollars to give to bankrupt companies ‘fails’? What happens if they still go under? Who will have been placed into holding the debt? Why that would be you and your kids, and you might well not even have your over mortgaged house as a roof over your head, nor have a job to hold onto? Due to the loss of value to the national currency, you could find prices going UP, Up, UP! You will find yourself living in a country sunk into holding trillions of dollars of debt it now owes.

However, since your country’s government will still be holding the balance of the world’s nuclear weaponry, there is a silver radioactive cloud to the future here. What country is going to be collecting on what your government owes them? Sound like a scene from the movie, The Godfather? What’s a little collateral damage here or there since you are a Proud American? What’s a little debt among ‘friends’?

A week or so ago I came across a homeless person living in his car, but he had bumper stickers placed all over it with ‘United We Stand’ as the message. That can be your inspiring message in this rather bleak scenario. At least you will be an American and America does best at passing off misery onto others… others like YOU.

LAs Homeless blog asks, Do we set up car parks for Homeless Living? A good question…

Forget Joe the Plumber, the only person McCain represents is Jack the Lobbyist

"I believe banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake up homeless on the continent their fathers conquered."
– President Thomas Jefferson, 1802

Bigots for McCain!

RepubliKKKans caught hanging Obama in effigy on University of Kentucky campus.

Palin must be so proud. Two arrested in Republican plot to assassinate Obama.

Al Qaeda Endorses McCain!

I’m starting to feel a little sorry for the McCain campaign. He’s senile, and now she’s gone completely off the reservation.

EXPOSED: SARAH PALIN ADMITS SHE’S IS A COMMUNIST!

Sarah Palin: ready to become Dick Cheney on day 1. She rigged bidding on $40B pipeline so it would go to her cronies.

Poll: Obama has highest approval ratings of any candidate in 28 years. Palin has the lowest, ever.

Senior Republican figures predict historic landslide for Obama.

Former Bush speechwriter says McCain is taking the entire GOP down with him.

Break out the bubbly! Vile heterofascist Marilyn Musgrave’s campaign is tanking.

Bush appointed Fed Chair endorses Obama.

Unhinged Republicans now claiming Obama is a Devil worshiper!

Call me paranoid if you want, but I have a hard time believing that Cheney has any intention of leaving office on January 20th, exposing himself to criminal prosecution for war crimes, crimes against humanity, and treason against the US Constitution. And McCain is just waaayyy too confident, considering the polls. November 4 is when things start to get a little dicey in our “democracy.”

US blackmails Iraq, will shut down entire country if they won’t sign agreement letting us continue genocidal occupation for 3 more years.

wealthy cry socialist

(Excerpts from Oct 31 notes of Thomas MC.)

The crash continues as American people go into shock

dangerousLast week we saw most of America go into shock as the stark reality of the US not having a real opposition party became evident. The Democratic Party actually led the rush to pass Bush’s $700 billion giveaway to the rich Bill into law, and it was actually the Republican party that posed the minor stumbling block to getting it done. The American people were almost completely left on the sidelines as a result of simply never having constructed a major opposition party to the Two Party Big Business dictatorship that US is run under.

This week, the show has already begun again, as stocks begin the week by crumbling throughout Asia, Europe, and North America. Nobody is fooled internationally by the $700 billion dollar American give away legislation. Germany had to even copy the US government with their own give away bill, too, to the banks. Germany moves to shore up bank confidence And the Euro appears to be in as bad a shape as the dollar is in world currency marts, sliding in relation to the dollar!

Everywhere they talk of a stampede as stock values and currencies crumble. They talk of panic and they talk of crisis. The US stock market continued down this AM and everywhere there is a sense of impending doom. Hard times are now being made by the financial sectors for all of us, as unemployment rolls rise, production drops. The crash continues as the American people go into shock.

Transferring bankruptcy from the private sector to the public sector

EagleWith all this bad private debt being hauled in by the US government hardly any notice has been given to the idea that the US Federal Government itself is putting itself at risk of default, too? In a way a governmental default (declaration of bankruptcy) would be a sort of poetic justice for the people of a country whose government has played an integral part in putting other governments around the globe into default with creditors in the past.

After all for just one given example, how much did America cry for Argentina when its government broke down? The US government had much to do with that governmental default, too, despite the fact that it occurred in a place we hardly even consider as being on the map.

Bill for US rescue package could reach $1 trillion All this bad debt taken in by the Feds can be covered easily by issuing paper dollars that Americans will be forced to use as currency, but what about others outside our national borders? They will simply devalue the US dollar in relation to their own currencies which will not be necessarily be covering bad debt of their own. When goods are imported into the US, we may well begin to see the start up of first $5 Stores, and then $10 Stores for those on tight budgets. The sky can be the limit here, can it not?

At some point foreigners may simply say ENOUGH. None of your dollars are worth even the paper they are written on and we will not accept them at all. Your country is BANKRUPT. So transferring private bad debt (‘toxic’ is the word they actually use) into the hands of the Federal government is no panacea at all. By itself, it cannot turn the situation around at all, as it merely buys time and transfers ‘responsibilities’ onto others, mainly onto the American people instead of America’s super-rich.

RECREATE 68 -No more politics as usual

Recreate-68 logoFrom RECREATE 68:
End the Occupations March and Rally — West Steps of the Colorado State Capitol, August 24, 9am
END THE OCCUPATIONS
No more free pass for the Democrats. Join R68 and others as we march to end all illegal imperialist occupations in Iraq, Palestine, Afghanistan, Puerto Rico, Haiti, Hawaii, North America, and others. The Dems have the power to put an end to the United States’ illegal colonizations and wars, but they will not without pressure from the people. Join us as we create that pressure.
NO MORE! NOT IN OUR NAME! BRING THE TROOPS HOME NOW!
The March will begin at the WEST STEPS OF THE CAPITOL and end on Speer Blvd in front of the Pepsi Center.

MORE OF R68’s SCHEDULE:
Freedom March — Civic Center Park, August 25, 10am

Join supporters of Leonard Peltier, Mumia Abu Jamal, The Cuban Five, and other political prisoners for the Freedom March and Rally! Leonard Peltier’s parole hearing will take place in 2008. Let us not forget that the Clintons left him in jail and did not pardon him. Free Mumia, the Cuban Five, the Guantanamo detainees, and others. The march will begin at Civic Center Park and end with a rally at the Federal Court House.

Shake Your Money Maker — Denver Mint, August 25, 5pm

It’s time to redistribute the wealth. Between security and corporate pay-offs, the DNC will cost over 100 million dollars for a party. We think the people deserve that money. Join us as we encircle the Denver MInt (where U.S. currency is produced) and use our collective power to raise the mint building in the air and shake the money out of it for the people. Don’t forget a sack to put all of your loot in.

Bring noise makers, energy, spells, magic, costumes, anything that gives you power. We’ll need it!

Days of Resistance — August 24-28

During the convention, there will be five major protests, one each day. Each protest will focus on a symptom of the disease of an imperialist, capitalist, racist system as seen in our communities. Some of the proposed themes are as follows:

Sunday – End All Occupations at Home and Abroad
Monday – Human Rights/Free All Political Prisoners
Tuesday – No Borders
Wednesday – No Warming
Thursday – No Racism/Imperialism

Festival of Democracy — Civic Center Park and Skyline Park, August 24-28

The Festival of Democracy will be a five day event running in conjunction with the DNC Convention. The Festival of Democracy will include free music and performing arts, free food, and free institution building and political training. The purpose will be to share some fun and to work towards the development of programs and networks that will address our community problems ourselves, without relying on the two party capitalist system. We will also be offering a 24 hour free medical clinic for all community members to receive free health care.

MONDAY, AUGUST 25 — Civic Center Park
TUESDAY, AUGUST 26 — Civic Center Park
WEDNESDAY, AUGUST 27 — Skyline Park
THURSDAY, AUGUST 28 — Skyline Park

Global economic rapists are at it again

G8 protest
Why protest the G8 Summit July 7-9? Those hoodlums always look so determined. Here’s the rationale by the Emergency Exit Collective:

The 2008 G8 on Hokkaido, a Strategic Assessment
Emergency Exit Collective
Bristol, Mayday, 2008

The authors of this document are a collection of activists, scholars, and writers currently based in the United States and Western Europe who have gotten to know and work with each other in the movement against capitalist globalization. We’re writing this at the request of some members of No! G8 Action Japan, who asked us for a broad strategic analysis of the state of struggle as we see it, and particularly, of the role of the G8, what it represents, the dangers and opportunities that may lie hidden in the moment. It is in no sense programmatic. Mainly, it is an attempt to develop tools that we hope will be helpful for organizers, or for anyone engaged in the struggle against global capital.

I
It is our condition as human beings that we produce our lives in common.

II
Let us then try to see the world from the perspective of the planet’s commoners, taking the word in that sense: those whose most essential tradition is cooperation in the making and maintenance of human social life, yet who have had to do so under conditions of suffering and separation; deprived, ignored, devalued, divided into hierarchies, pitted against each other for our very physical survival. In one sense we are all commoners. But it’s equally true that just about everyone, at least in some ways, at some points, plays the role of the rulers—of those who expropriate, devalue and divide—or at the very least benefits from such divisions.

Obviously some do more than others. It is at the peak of this pyramid that we encounter groups like the G8.

III
The G8’s perspective is that of the aristocrats, the rulers: those who command and maintain that global machinery of violence that defends existing borders and lines of separation: whether national borders with their detention camps for migrants, or property regimes, with their prisons for the poor. They live by constantly claiming title to the products of others collective creativity and labour, and in thus doing they create the poor; they create scarcity in the midst of plenty, and divide us on a daily basis; they create financial districts that loot resources from across the world, and in thus doing they turn the spirit of human creativity into a spiritual desert; close or privatize parks, public water taps and libraries, hospitals, youth centers, universities, schools, public swimming pools, and instead endlessly build shopping malls that channels convivial life into a means of commodity circulation; work toward turning global ecological catastrophe into business opportunities.

These are the people who presume to speak in the name of the “international community” even as they hide in their gated communities or meet protected by phalanxes of riot cops. It is critical to bear in mind that the ultimate aim of their policies is never to create community but to introduce and maintain divisions that set common people at each other’s throats. The neoliberal project, which has been their main instrument for doing so for the last three decades, is premised on a constant effort either to uproot or destroy any communal or democratic system whereby ordinary people govern their own affairs or maintain common resources for the common good, or, to reorganize each tiny remaining commons as an isolated node in a market system in which livelihood is never guaranteed, where the gain of one community must necessarily be at the expense of others. Insofar as they are willing to appeal to high-minded principles of common humanity, and encourage global cooperation, only and exactly to the extent that is required to maintain this system of universal competition.

IV
At the present time, the G8—the annual summit of the leaders of “industrial democracies”—is the key coordinative institution charged with the task of maintaining this neoliberal project, or of reforming it, revising it, adapting it to the changing condition of planetary class relations. The role of the G8 has always been to define the broad strategic horizons through which the next wave of planetary capital accumulation can occur. This means that its main task is to answer the question of how 3?4 in the present conditions of multiple crises and struggles 3?4 to subordinate social relations among the producing commoners of the planet to capital’s supreme value: profit.

V
Originally founded as the G7 in 1975 as a means of coordinating financial strategies for dealing with the ‘70s energy crisis, then expanded after the end of the Cold War to include Russia, its currently face a moment of profound impasse in the governance of planetary class relations: the greatest since the ‘70s energy crisis itself.

VI
The ‘70s energy crisis represented the final death-pangs of what might be termed the Cold War settlement, shattered by a quarter century of popular struggle. It’s worth returning briefly to this history.

The geopolitical arrangements put in place after World War II were above all designed to forestall the threat of revolution. In the immediate wake of the war, not only did much of the world lie in ruins, most of world’s population had abandoned any assumption about the inevitability of existing social arrangements. The advent of the Cold War had the effect of boxing movements for social change into a bipolar straightjacket. On the one hand, the former Allied and Axis powers that were later to unite in the G7 (the US, Canada, UK, France, Italy, Germany, Japan)—the “industrialized democracies”, as they like to call themselves—engaged in a massive project of co-optation. Their governments continued the process, begun in the ‘30s, of taking over social welfare institutions that had originally been created by popular movements (from insurance schemes to public libraries), even to expand them, on condition that they now be managed by state-appointed bureaucracies rather than by those who used them, buying off unions and the working classes more generally with policies meant to guarantee high wages, job security and the promise of educational advance—all in exchange for political loyalty, productivity increases and wage divisions within national and planetary working class itself. The Sino-Soviet bloc—which effectively became a kind of junior partner within the overall power structure, and its allies remained to trap revolutionary energies into the task of reproducing similar bureaucracies elsewhere. Both the US and USSR secured their dominance after the war by refusing to demobilize, instead locking the planet in a permanent threat of nuclear annihilation, a terrible vision of absolute cosmic power.

VII
Almost immediately, though, this arrangement was challenged by a series of revolts from those whose work was required to maintain the system, but who were, effectively, left outside the deal: first, peasants and the urban poor in the colonies and former colonies of the Global South, next, disenfranchised minorities in the home countries (in the US, the Civil Rights movement, then Black Power), and finally and most significantly, by the explosion of the women’s movement of the late ‘60s and early ‘70s—the revolt of that majority of humanity whose largely unremunerated labor made the very existence “the economy” possible. This appears to have been the tipping point.

VIII
The problem was that the Cold War settlement was never meant to include everyone. It by definition couldn’t. Once matters reached tipping point, then, the rulers scotched the settlement. All deals were off. The oil shock was first edge of the counter-offensive, breaking the back of existing working class organizations, driving home the message that there was nothing guaranteed about prosperity. Under the aegis of the newly hatched G7, this counter-offensive involved a series of interwoven strategies that were later to give rise to what is known as neoliberalism.

IX
These strategies resulted in what came to be known as “Structural Adjustment” both in the North and in the South, accompanied by trade and financial liberalization. This, in turn, made possible crucial structural changes in our planetary production in common extending the role of the market to discipline our lives and divide us into more and more polarized wage hierarchy. This involved:

· In the immediate wake of ‘70s oil shock, petrodollars were recycled from OPEC into Northern banks that then lent them, at extortionate rates of interest, to developing countries of the Global South. This was the origin of the famous “Third World Debt Crisis.” The existence of this debt allowed institutions like the IMF to impose its monetarist orthodoxy on most of the planet for roughly twenty years, in the process, stripping away most of even those modest social protections that had been won by the world’s poor—large numbers of whom were plunged into a situation of absolute desperation.

· It also opened a period of new enclosures through the capitalist imposition of structural adjustment policies, manipulation of environmental and social catastrophes like war, or for that matter through the authoritarian dictates of “socialist” regimes. Through such means, large sections of the world’s population have over the past thirty years been dispossessed from resources previously held in common, either by dint of long traditions, or as the fruits of past struggles and past settlements.

· Through financial deregulation and trade liberalization, neoliberal capital, which emerged from the G7 strategies to deal with the 1970s crisis aimed thus at turning the “class war” in communities, factories, offices, streets and fields against the engine of competition, into a planetary “civil war”, pitting each community of commoners against every other community of commoners.

· Neoliberal capital has done this by imposing an ethos of “efficiency” and rhetoric of “lowering the costs of production” applied so broadly that mechanisms of competition have come to pervade every sphere of life. In fact these terms are euphemisms, for a more fundamental demand: that capital be exempt from taking any reduction in profit to finance the costs of reproduction of human bodies and their social and natural environments (which it does not count as costs) and which are, effectively, “exernalized” onto communities and nature.

· The enclosure of resources and entitlements won in previous generations of struggles both in the North and the South, in turn, created the conditions for increasing the wage hierarchies (both global and local), by which commoners work for capital—wage hierarchies reproduced economically through pervasive competition, but culturally, through male dominance, xenophobia and racism. These wage gaps, in turn, made it possible to reduce the value of Northern workers’ labour power, by introducing commodities that enter in their wage basket at a fraction of what their cost might otherwise have been. The planetary expansion of sweatshops means that American workers (for example) can buy cargo pants or lawn-mowers made in Cambodia at Walmart, or buy tomatoes grown by undocumented Mexican workers in California, or even, in many cases, hire Jamaican or Filipina nurses to take care of children and aged grandparents at such low prices, that their employers have been able to lower real wages without pushing most of them into penury. In the South, meanwhile, this situation has made it possible to discipline new masses of workers into factories and assembly lines, fields and offices, thus extending enormously capital’s reach in defining the terms—the what, the how, the how much—of social production.

· These different forms of enclosures, both North and South, mean that commoners have become increasingly dependent on the market to reproduce their livelihoods, with less power to resist the violence and arrogance of those whose priorities is only to seek profit, less power to set a limit to the market discipline running their lives, more prone to turn against one another in wars with other commoners who share the same pressures of having to run the same competitive race, but not the same rights and the same access to the wage. All this has meant a generalized state of precarity, where nothing can be taken for granted.

X
In turn, this manipulation of currency and commodity flows constituting neoliberal globalization became the basis for the creation of the planet’s first genuine global bureaucracy.

· This was multi-tiered, with finance capital at the peak, then the ever-expanding trade bureaucracies (IMF, WTO, EU, World Bank, etc), then transnational corporations, and finally, the endless varieties of NGOs that proliferated throughout the period—almost all of which shared the same neoliberal orthodoxy, even as they substituted themselves for social welfare functions once reserved for states.

· The existence of this overarching apparatus, in turn, allowed poorer countries previously under the control of authoritarian regimes beholden to one or another side in the Cold War to adopt “democratic” forms of government. This did allow a restoration of formal civil liberties, but very little that could really merit the name of democracy (the rule of the “demos”, i.e., of the commoners). They were in fact constitutional republics, and the overwhelming trend during the period was to strip legislatures, that branch of government most open to popular pressure, of most of their powers, which were increasingly shifted to the executive and judicial branches, even as these latter, in turn, largely ended up enacting policies developed overseas, by global bureaucrats.

· This entire bureaucratic arrangement was justified, paradoxically enough, by an ideology of extreme individualism. On the level of ideas, neoliberalism relied on a systematic cooptation of the themes of popular struggle of the ‘60s: autonomy, pleasure, personal liberation, the rejection of all forms of bureaucratic control and authority. All these were repackaged as the very essence of capitalism, and the market reframed as a revolutionary force of liberation.

· The entire arrangement, in turn, was made possible by a preemptive attitude towards popular struggle. The breaking of unions and retreat of mass social movements from the late ‘70s onwards was only made possible by a massive shift of state resources into the machinery of violence: armies, prisons and police (secret and otherwise) and an endless variety of private “security services”, all with their attendant propaganda machines, which tended to increase even as other forms of social spending were cut back, among other things absorbing increasing portions of the former proletariat, making the security apparatus an increasingly large proportion of total social spending. This approach has been very successful in holding back mass opposition to capital in much of the world (especially West Europe and North America), and above all, in making it possible to argue there are no viable alternatives. But in doing so, has created strains on the system so profound it threatens to undermine it entirely.

XI
The latter point deserves elaboration. The element of force is, on any number of levels, the weak point of the system. This is not only on the constitutional level, where the question of how to integrate the emerging global bureaucratic apparatus, and existing military arrangements, has never been resolved. It is above all an economic problem. It is quite clear that the maintenance of elaborate security machinery is an absolute imperative of neoliberalism. One need only observe what happened with the collapse of the Soviet bloc in Eastern Europe: where one might have expected the Cold War victors to demand the dismantling of the army, secret police and secret prisons, and to maintain and develop the existing industrial base, in fact, what they did was absolutely the opposite: in fact, the only part of the industrial base that has managed fully to maintain itself has been the parts required to maintained the security apparatus itself! Critical too is the element of preemption: the governing classes in North America, for example, are willing to go to almost unimaginable lengths to ensure social movements never feel they are accomplishing anything. The current Gulf War is an excellent example: US military operations appear to be organized first and foremost to be protest-proof, to ensure that what happened in Vietnam (mass mobilization at home, widespread revolt within the army overseas) could never be repeated. This means above all that US casualties must always be kept to a minimum. The result are rules of engagement, and practices like the use of air power within cities ostensibly already controlled by occupation forces, so obviously guaranteed to maximize the killing of innocents and galvanizing hatred against the occupiers that they ensure the war itself cannot be won. Yet this approach can be taken as the very paradigm for neoliberal security regimes. Consider security arrangements around trade summits, where police are so determined prevent protestors from achieving tactical victories that they are often willing to effectively shut down the summits themselves. So too in overall strategy. In North America, such enormous resources are poured into the apparatus of repression, militarization, and propaganda that class struggle, labor action, mass movements seem to disappear entirely. It is thus possible to claim we have entered a new age where old conflicts are irrelevant. This is tremendously demoralizing of course for opponents of the system; but those running the system seem to find that demoralization so essential they don’t seem to care that the resultant apparatus (police, prisons, military, etc) is, effectively, sinking the entire US economy under its dead weight.

XII
The current crisis is not primarily geopolitical in nature. It is a crisis of neoliberalism itself. But it takes place against the backdrop of profound geopolitical realignments. The decline of North American power, both economic and geopolitical has been accompanied by the rise of Northeast Asia (and to a increasing extent, South Asia as well). While the Northeast Asian region is still divided by painful Cold War cleavages—the fortified lines across the Taiwan straits and at the 38th parallel in Korea…—the sheer realities of economic entanglement can be expected to lead to a gradual easing of tensions and a rise to global hegemony, as the region becomes the new center of gravity of the global economy, of the creation of new science and technology, ultimately, of political and military power. This may, quite likely, be a gradual and lengthy process. But in the meantime, very old patterns are rapidly reemerging: China reestablishing relations with ancient tributary states from Korea to Vietnam, radical Islamists attempting to reestablish their ancient role as the guardians of finance and piety at the in the Central Asian caravan routes and across Indian Ocean, every sort of Medieval trade diaspora reemerging… In the process, old political models remerge as well: the Chinese principle of the state transcending law, the Islamic principle of a legal order transcending any state. Everywhere, we see the revival too of ancient forms of exploitation—feudalism, slavery, debt peonage—often entangled in the newest forms of technology, but still echoing all the worst abuses of the Middle Ages. A scramble for resources has begun, with US occupation of Iraq and saber-rattling throughout the surrounding region clearly meant (at least in part) to place a potential stranglehold the energy supply of China; Chinese attempts to outflank with its own scramble for Africa, with increasing forays into South America and even Eastern Europe. The Chinese invasion into Africa (not as of yet at least a military invasion, but already involving the movement of hundreds of thousands of people), is changing the world in ways that will probably be felt for centuries. Meanwhile, the nations of South America, the first victims of the “Washington consensus” have managed to largely wriggle free from the US colonial orbit, while the US, its forces tied down in the Middle East, has for the moment at least abandoned it, is desperately struggling to keep its grip Mexico, Central America and the Caribbean—its own “near abroad”.

XIII
In another age all this might have led to war—that is, not just colonial occupations, police actions, or proxy wars (which are obviously already taking place), but direct military confrontations between the armies of major powers. It still could; accidents happen; but there is reason to believe that, when it comes to moments of critical decision, the loyalties of the global elites are increasingly to each other, and not to the national entities for whom they claim to speak. There is some compelling evidence for this.

Take for example when the US elites panicked at the prospect of the massive budget surpluses of the late 1990s. As Alan Greenspan, head of the Federal Reserve at the time warned, if these were allowed to stand they would have flooded government coffers with so many trillions of dollars that it could only have lead to some form of creeping socialism, even, he predicted, to the government acquiring “equity stakes” in key US corporations. The more excitable of capitalism’s managers actually began contemplating scenarios where the capitalist system itself would be imperiled. The only possible solution was massive tax cuts; these were duly enacted, and did indeed manage to turn surpluses into enormous deficits, financed by the sale of treasury bonds to Japan and China. Conditions have thus now reached a point where it is beginning to look as if the most likely long term outcome for the US (its technological and industrial base decaying, sinking under the burden of its enormous security spending) will be to end up serve as junior partner and military enforcer for East Asia capital. Its rulers, or at least a significant proportion of them, would prefer to hand global hegemony to the rulers of China (provided the latter abandon Communism) than to return to any sort of New Deal compromise with their “own” working classes.

A second example lies in the origins of what has been called the current “Bretton Woods II” system of currency arrangements, which underline a close working together of some “surplus” and “deficit” countries within global circuits. The macroeconomic manifestation of the planetary restructuring outlined in XIX underlines both the huge US trade deficit that so much seem to worry many commentators, and the possibility to continually generate new debt instruments like the one that has recently resulted in the sub-prime crisis. The ongoing recycling of accumulated surplus of countries exporting to the USA such as China and oil producing countries is what has allowed financiers to create new credit instruments in the USA. Hence, the “deal” offered by the masters in the United States to its commoners has been this: ‘you, give us a relative social peace and accept capitalist markets as the main means through which you reproduce your own livelihoods, and we will give you access to cheaper consumption goods, access to credit for buying cars and homes, and access to education, health, pensions and social security through the speculative means of stock markets and housing prices.’ Similar compromises were reached in all the G8 countries.

Meanwhile, there is the problem of maintaining any sort of social peace with the hundreds of millions of unemployed, underemployed, dispossessed commoners currently swelling the shanty-towns of Asia, Africa, and Latin America as a result of ongoing enclosures (which have speeded up within China and India in particular, even as “structural adjustment policies” in Africa and Latin America have been derailed). Any prospect of maintaining peace in these circumstances would ordinarily require either extremely high rates of economic growth—which globally have not been forthcoming, since outside of China, growth rates in the developing world have been much lower than they were in the ‘50s, ‘60s, or even ‘70s—or extremely high levels of repression, lest matters descend into rebellion or generalized civil war. The latter has of course occurred in many parts of the world currently neglected by capital, but in favored regions, such as the coastal provinces of China, or “free trade” zones of India, Egypt, or Mexico, commoners are being offered a different sort of deal: industrial employment at wages that, while very low by international standards, are still substantially higher than anything currently obtainable in the impoverished countryside; and above all the promise, through the intervention of Western markets and (privatized) knowledge, of gradually improving conditions of living. While over the least few years wages in many such areas seem to be growing, thanks to the intensification of popular struggles, such gains are inherently vulnerable: the effect of recent food inflation has been to cut real wages back dramatically—and threaten millions with starvation.

What we really want to stress here, though, is that the long-term promise being offered to the South is just as untenable as the idea that US or European consumers can indefinitely expand their conditions of life through the use of mortgages and credit cards.

What’s being offered the new dispossessed is a transposition of the American dream. The idea is that the lifestyle and consumption patterns of existing Chinese, Indian, or Brazilian or Zambian urban middle classes (already modeled on Northern ones) will eventually become available to the children of today’s miners, maquila or plantation laborers, until, ultimately, everyone on earth is brought up to roughly the same level of consumption. Put in these terms, the argument is absurd. The idea that all six billion of us can become “middle class” is obviously impossible. First of all there is a simple problem of resources. It doesn’t matter how many bottles we recycle or how energy efficient are the light bulbs we use, there’s just no way the earth’s ecosystem can accommodate six billion people driving in private cars to work in air-conditioned cubicles before periodically flying off to vacation in Acapulco or Tahiti. To maintain the style of living and producing in common we now identify with “middle classness” on a planetary scale would require several additional planets.

This much has been pointed out repeatedly. But the second point is no less important. What this vision of betterment ultimately proposes is that it would be possible to build universal prosperity and human dignity on a system of wage labor. This is fantasy. Historically, wages are always the contractual face for system of command and degradation, and a means of disguising exploitation: expressing value for work only on condition of stealing value without work— and there is no reason to believe they could ever be anything else. This is why, as history has also shown, human beings will always avoid working for wages if they have any other viable option. For a system based on wage labor to come into being, such options must therefore be made unavailable. This in turn means that such systems are always premised on structures of exclusion: on the prior existence of borders and property regimes maintained by violence. Finally, historically, it has always proved impossible to maintain any sizeable class of wage-earners in relative prosperity without basing that prosperity, directly or indirectly, on the unwaged labor of others—on slave-labor, women’s domestic labor, the forced labor of colonial subjects, the work of women and men in peasant communities halfway around the world—by people who are even more systematically exploited, degraded, and immiserated. For that reason, such systems have always depended not only on setting wage-earners against each other by inciting bigotry, prejudice, hostility, resentment, violence, but also by inciting the same between men and women, between the people of different continents (“race”), between the generations.

From the perspective of the whole, then, the dream of universal middle class “betterment” must necessarily be an illusion constructed in between the Scylla of ecological disaster, and the Charybdis of poverty, detritus, and hatred: precisely, the two pillars of today’s strategic impasse faced by the G8.

XIV
How then do we describe the current impasse of capitalist governance?

To a large degree, it is the effect of a sudden and extremely effective upswing of popular resistance—one all the more extraordinary considering the huge resources that had been invested in preventing such movements from breaking out.

On the one hand, the turn of the millennium saw a vast and sudden flowering of new anti-capitalist movements, a veritable planetary uprising against neoliberalism by commoners in Latin America, India, Africa, Asia, across the North Atlantic world’s former colonies and ultimately, within the cities of the former colonial powers themselves. As a result, the neoliberal project lies shattered. What came to be called the “anti-globalization” movement took aim at the trade bureaucracies—the obvious weak link in the emerging institutions of global administration—but it was merely the most visible aspect of this uprising. It was however an extraordinarily successful one. Not only was the WTO halted in its tracks, but all major trade initiatives (MAI, FTAA…) scuttled. The World Bank was hobbled and the power of the IMF over most of the world’s population, effectively, destroyed. The latter, once the terror of the Global South, is now a shattered remnant of its former self, reduced to selling off its gold reserves and desperately searching for a new global mission.

In many ways though spectacular street actions were merely the most visible aspects of much broader changes: the resurgence of labor unions, in certain parts of the world, the flowering of economic and social alternatives on the grassroots levels in every part of the world, from new forms of direct democracy of indigenous communities like El Alto in Bolivia or self-managed factories in Paraguay, to township movements in South Africa, farming cooperatives in India, squatters’ movements in Korea, experiments in permaculture in Europe or “Islamic economics” among the urban poor in the Middle East. We have seen the development of thousands of forms of mutual aid association, most of which have not even made it onto the radar of the global media, often have almost no ideological unity and which may not even be aware of each other’s existence, but nonetheless share a common desire to mark a practical break with capitalism, and which, most importantly, hold out the prospect of creating new forms of planetary commons that can—and in some cases are—beginning to knit together to provide the outlines of genuine alternative vision of what a non-capitalist future might look like.

The reaction of the world’s rulers was predictable. The planetary uprising had occurred during a time when the global security apparatus was beginning to look like it lacked a purpose, when the world threatened to return to a state of peace. The response—aided of course, by the intervention of some of the US’ former Cold War allies, reorganized now under the name of Al Qaeda—was a return to global warfare. But this too failed. The “war on terror”—as an attempt to impose US military power as the ultimate enforcer of the neoliberal model—has collapsed as well in the face of almost universal popular resistance. This is the nature of their “impasse”.

At the same time, the top-heavy, inefficient US model of military capitalism—a model created in large part to prevent the dangers of social movements, but which the US has also sought to export to some degree simply because of its profligacy and inefficiency, to prevent the rest of the world from too rapidly overtaking them—has proved so wasteful of resources that it threatens to plunge the entire planet into ecological and social crisis. Drought, disaster, famines, combine with endless campaigns of enclosure, foreclosure, to cast the very means of survival—food, water, shelter—into question for the bulk of the world’s population.

XV
In the rulers’ language the crisis understood, first and foremost, as a problem of regulating cash flows, of reestablishing, as they like to put it, a new “financial architecture”. Obviously they are aware of the broader problems. Their promotional literature has always been full of it. From the earliest days of the G7, through to the days after the Cold War, when Russia was added as a reward for embracing capitalism, they have always claimed that their chief concerns include

· the reduction of global poverty

· sustainable environmental policies

· sustainable global energy policies

· stable financial institutions governing global trade and currency transactions

If one were to take such claims seriously, it’s hard to see their overall performance as anything but a catastrophic failure. At the present moment, all of these are in crisis mode: there are food riots, global warming, peak oil, and the threat of financial meltdown, bursting of credit bubbles, currency crises, a global credit crunch. [**Failure on this scale however, opens opportunities for the G8 themselves, as summit of the global bureaucracy, to reconfigure the strategic horizon. Therefore, it’s always with the last of these that they are especially concerned. ]The real problem, from the perspective of the G8, is one of reinvestment: particularly, of the profits of the energy sector, but also, now, of emerging industrial powers outside the circle of the G8 itself. The neoliberal solution in the ‘70s had been to recycle OPEC’s petrodollars into banks that would use it much of the world into debt bondage, imposing regimes of fiscal austerity that, for the most part, stopped development (and hence, the emergence potential rivals) in its tracks. By the ‘90s, however, much East Asia in particular had broken free of this regime. Attempts to reimpose IMF-style discipline during the Asian financial crisis of 1997 largely backfired. So a new compromise was found, the so-called Bretton Woods II: to recycle the profits from the rapidly expanding industrial economies of East Asia into US treasury debt, artificially supporting the value of the dollar and allowing a continual stream of cheap exports that, aided by the US housing bubble, kept North Atlantic economies afloat and buy off workers there with cheap oil and even cheaper consumer goods even as real wages shrank. This solution however soon proved a temporary expedient. Bush regime’s attempt to lock it in by the invasion of Iraq, which was meant to lead to the forced privatization of Iraqi oil fields, and, ultimately, of the global oil industry as a whole, collapsed in the face of massive popular resistance (just as Saddam Hussein’s attempt to introduce neoliberal reforms in Iraq had failed when he was still acting as American deputy in the ‘90s). Instead, the simultaneous demand for petroleum for both Chinese manufacturers and American consumers caused a dramatic spike in the price of oil. What’s more, rents from oil and gas production are now being used to pay off the old debts from the ‘80s (especially in Asia and Latin America, which have by now paid back their IMF debts entirely), and—increasingly—to create state-managed Sovereign Wealth Funds that have largely replaced institutions like the IMF as the institutions capable of making long-term strategic investments. The IMF, purposeless, tottering on the brink of insolvency, has been reduced to trying to come up with “best practices” guidelines for fund managers working for governments in Singapore, Seoul, and Abu Dhabi.

There can be no question this time around of freezing out countries like China, India, or even Brazil. The question for capital’s planners, rather, is how to channel these new concentrations of capital in such a way that they reinforce the logic of the system instead of undermining it.

XVI
How can this be done? This is where appeals to universal human values, to common membership in an “international community” come in to play. “We all must pull together for the good of the planet,” we will be told. The money must be reinvested “to save the earth.”

To some degree this was always the G8 line: this is a group has been making an issue of climate change since 1983. Doing so was in one sense a response to the environmental movements of the ‘70s and ‘80s. The resultant emphasis on biofuels and “green energy” was from their point of view, the perfect strategy, seizing on an issue that seemed to transcend class, appropriating ideas and issues that emerged from social movements (and hence coopting and undermining especially their radical wings), and finally, ensuring such initiatives are pursued not through any form of democratic self-organization but “market mechanisms”—to effective make the sense of public interest productive for capitalism.

What we can expect now is a two-pronged attack. On the one hand, they will use the crisis to attempt to reverse the gains of past social movements: to put nuclear energy back on the table to deal with the energy crisis and global warming, or genetically modified foods to deal with the food crisis. Prime Minister Fukuda, the host of the current summit, for example, is already proposing the nuclear power is the “solution” to the global warming crisis, even as the German delegation resists. On the other, and even more insidiously, they will try once again to co-opt the ideas and solutions that have emerged from our struggles as a way of ultimately undermining them. Appropriating such ideas is simply what rulers do: the bosses brain is always under the workers’ hat. But the ultimate aim is to answer the intensification of class struggle, of the danger of new forms of democracy, with another wave of enclosures, to restore a situation where commoners’ attempts to create broader regimes of cooperation are stymied, and people are plunged back into mutual competition.

We can already see the outlines of how this might be done. There are already suggestions that Sovereign Wealth Funds put aside a certain (miniscule) proportion of their money for food aid, but only as tied to a larger project of global financial restructuring. The World Bank, largely bereft of its earlier role organizing dams and pipe-lines across the world, has been funding development in China’s poorer provinces, freeing the Chinese government to carry out similar projects in Southeast Asia, Africa, and even Latin America (where, of course, they cannot effectively be held to any sort of labor or environmental standards). There is the possibility of a new class deal in China itself, whose workers can be allowed higher standards of living if new low wage zones are created elsewhere—for instance, Africa (the continent where struggles over maintaining the commons have been most intense in current decades)—with the help of Chinese infrastructural projects. Above of all, money will be channeled into addressing climate change, into the development of alternative energy, which will require enormous investments, in such a way as to ensure that whatever energy resources do become important in this millennium, they can never be democratized—that the emerging notion of a petroleum commons, that energy resources are to some degree a common patrimony meant primarily to serve the community as a whole, that is beginning to develop in parts of the Middle East and South America—not be reproduced in whatever comes next.

Since this will ultimately have to be backed up by the threat of violence, the G8 will inevitably have to struggle with how to (yet again) rethink enforcement mechanisms. The latest move , now that the US “war on terror” paradigm has obviously failed, would appear to be a return to NATO, part of a reinvention of the “European security architecture” being proposed at the upcoming G8 meetings in Italy in 2009 on the 60th anniversary of NATO’s foundation—but part of a much broader movement of the militarization of social conflict, projecting potential resource wars, demographic upheavals resulting from climate change, and radical social movements as potential military problems to be resolved by military means. Opposition to this new project is already shaping up as the major new European mobilization for the year following the current G-8.

XVII
While the G-8 sit at the pinnacle of a system of violence, their preferred idiom is monetary. Their impulse whenever possible is to translate all problems into money, financial structures, currency flows—a substance whose movements they carefully monitor and control.

Money, on might say, is their poetry—a poetry whose letters are written in our blood. It is their highest and most abstract form of expression, their way of making statements about the ultimate truth of the world, even if it operates in large part by making things disappear. How else could it be possible to argue—no, to assume as a matter of common sense—that the love, care, and concern of a person who tends to the needs of children, teaching, minding, helping them to become decent , thoughtful, human beings, or who grows and prepares food, is worth ten thousand times less than someone who spends the same time designing a brand logo, moving abstract blips across a globe, or denying others health care.

The role of money however has changed profoundly since 1971 when the dollar was delinked from gold. This has created a profound realignment of temporal horizons. Once money could be said to be primarily congealed results of past profit and exploitation. As capital, it was dead labor. Millions of indigenous Americans and Africans had their lives pillaged and destroyed in the gold mines in order to be rendered into value. The logic of finance capital, of credit structures, certainly always existed as well (it is at least as old as industrial capital; possibly older), but in recent decades these logic of financial capital has come to echo and re-echo on every level of our lives. In the UK 97% of money in circulation is debt, in the US, 98%. Governments run on deficit financing, wealthy economies on consumer debt, the poor are enticed with microcredit schemes, debts are packaged and repackaged in complex financial derivatives and traded back and forth. Debt however is simply a promise, the expectation of future profit; capital thus increasingly brings the future into the present—a future that, it insists, must always be the same in nature, even if must also be greater in magnitude, since of course the entire system is premised on continual growth. Where once financiers calculated and traded in the precise measure of our degradation, having taken everything from us and turned it into money, now money has flipped, to become the measure of our future degradation—at the same time as it binds us to endlessly working in the present.

The result is a strange moral paradox. Love, loyalty, honor, commitment—to our families, for example, which means to our shared homes, which means to the payment of monthly mortgage debts—becomes a matter of maintaining loyalty to a system which ultimately tells us that such commitments are not a value in themselves. This organization of imaginative horizons, which ultimately come down to a colonization of the very principle of hope, has come to supplement the traditional evocation of fear (of penury, homelessness, joblessness, disease and death). This colonization paralyzes any thought of opposition to a system that almost everyone ultimately knows is not only an insult to everything they really cherish, but a travesty of genuine hope, since, because no system can really expand forever on a finite planet, everyone is aware on some level that in the final analysis they are dealing with a kind of global pyramid scheme, what we are ultimately buying and selling is the real promise of global social and environmental apocalypse.

XVIII
Finally then we come to the really difficult, strategic questions. Where are the vulnerabilities? Where is hope? Obviously we have no certain answers here. No one could. But perhaps the proceeding analysis opens up some possibilities that anti-capitalist organizers might find useful to explore.

One thing that might be helpful is to rethink our initial terms. Consider communism. We are used to thinking of it as a total system that perhaps existed long ago, and to the desire to bring about an analogous system at some point in the future—usually, at whatever cost. It seems to us that dreams of communist futures were never purely fantasies; they were simply projections of existing forms of cooperation, of commoning, by which we already make the world in the present. Communism in this sense is already the basis of almost everything, what brings people and societies into being, what maintains them, the elemental ground of all human thought and action. There is absolutely nothing utopian here. What is utopian, really, is the notion that any form of social organization, especially capitalism, could ever exist that was not entirely premised on the prior existence of communism. If this is true, the most pressing question is simply how to make that power visible, to burst forth, to become the basis for strategic visions, in the face of a tremendous and antagonistic power committed to destroying it—but at the same time, ensuring that despite the challenge they face, they never again become entangled with forms of violence of their own that make them the basis for yet another tawdry elite. After all, the solidarity we extend to one another, is it not itself a form of communism? And is it not so above because it is not coerced?

Another thing that might be helpful is to rethink our notion of crisis. There was a time when simply describing the fact that capitalism was in a state of crisis, driven by irreconcilable contradictions, was taken to suggest that it was heading for a cliff. By now, it seems abundantly clear that this is not the case. Capitalism is always in a crisis. The crisis never goes away. Financial markets are always producing bubbles of one sort or another; those bubbles always burst, sometimes catastrophically; often entire national economies collapse, sometimes the global markets system itself begins to come apart. But every time the structure is reassembled. Slowly, painfully, dutifully, the pieces always end up being put back together once again.

Perhaps we should be asking: why?

In searching for an answer, it seems to us, we might also do well to put aside another familiar habit of radical thought: the tendency to sort the world into separate levels—material realities, the domain of ideas or “consciousness”, the level of technologies and organizations of violence—treating these as if these were separate domains that each work according to separate logics, and then arguing which “determines” which. In fact they cannot be disentangled. A factory may be a physical thing, but the ownership of a factory is a social relation, a legal fantasy that is based partly on the belief that law exists, and partly on the existence of armies and police. Armies and police on the other hand exist partly because of factories providing them with guns, vehicles, and equipment, but also, because those carrying the guns and riding in the vehicles believe they are working for an abstract entity they call “the government”, which they love, fear, and ultimately, whose existence they take for granted by a kind of faith, since historically, those armed organizations tend to melt away immediately the moment they lose faith that the government actually exists. Obviously exactly the same can be said of money. It’s value is constantly being produced by eminently material practices involving time clocks, bank machines, mints, and transatlantic computer cables, not to mention love, greed, and fear, but at the same time, all this too rests on a kind of faith that all these things will continue to interact in more or less the same way. It is all very material, but it also reflects a certain assumption of eternity: the reason that the machine can always be placed back together is, simply, because everyone assumes it must. This is because they cannot realistically imagine plausible alternatives; they cannot imagine plausible alternatives because of the extraordinarily sophisticated machinery of preemptive violence that ensure any such alternatives are uprooted or contained (even if that violence is itself organized around a fear that itself rests on a similar form of faith.) One cannot even say it’s circular. It’s more a kind of endless, unstable spiral. To subvert the system is then, to intervene in such a way that the whole apparatus begins to spin apart.

XIX
It appears to us that one key element here—one often neglected in revolutionary strategy—is the role of the global middle classes. This is a class that, much though it varies from country (in places like the US and Japan, overwhelming majorities consider themselves middle class; in, say, Cambodia or Zambia, only very small percentages), almost everywhere provides the key constituency of the G8 outside of the ruling elite themselves. It has become a truism, an article of faith in itself in global policy circles, that national middle class is everywhere the necessary basis for democracy. In fact, middle classes are rarely much interested in democracy in any meaningful sense of that word (that is, of the self-organization or self-governance of communities). They tend to be quite suspicious of it. Historically, middle classes have tended to encourage the establishment of constitutional republics with only limited democratic elements (sometimes, none at all). This is because their real passion is for a “betterment”, for the prosperity and advance of conditions of life for their children—and this betterment, since it is as noted above entirely premised on structures of exclusion, requires “security”. Actually the middle classes depend on security on every level: personal security, social security (various forms of government support, which even when it is withdrawn from the poor tends to be maintained for the middle classes), security against any sudden or dramatic changes in the nature of existing institutions. Thus, politically, the middle classes are attached not to democracy (which, especially in its radical forms, might disrupt all this), but to the rule of law. In the political sense, then, being “middle class” means existing outside the notorious “state of exception” to which the majority of the world’s people are relegated. It means being able to see a policeman and feel safer, not even more insecure. This would help explain why within the richest countries, the overwhelming majority of the population will claim to be “middle class” when speaking in the abstract, even if most will also instantly switch back to calling themselves “working class” when talking about their relation to their boss.

That rule of law, in turn, allows them to live in that temporal horizon where the market and other existing institutions (schools, governments, law firms, real estate brokerages…) can be imagined as lasting forever in more or less the same form. The middle classes can thus be defined as those who live in the eternity of capitalism. (The elites don’t; they live in history, they don’t assume things will always be the same. The disenfranchized don’t; they don’t have the luxury; they live in a state of precarity where little or nothing can safely be assumed.) Their entire lives are based on assuming that the institutional forms they are accustomed to will always be the same, for themselves and their grandchildren, and their “betterment” will be proportional to the increase in the level of monetary wealth and consumption. This is why every time global capital enters one of its periodic crises, every time banks collapse, factories close, and markets prove unworkable, or even, when the world collapses in war, the managers and dentists will tend to support any program that guarantees the fragments will be dutifully pieced back together in roughly the same form—even if all are, at the same time, burdened by at least a vague sense that the whole system is unfair and probably heading for catastrophe.

XIX
The strategic question then is, how to shatter this sense of inevitability? History provides one obvious suggestion. The last time the system really neared self-destruction was in the 1930s, when what might have otherwise been an ordinary turn of the boom-bust cycle turned into a depression so profound that it took a world war to pull out of it. What was different? The existence of an alternative: a Soviet economy that, whatever its obvious brutalities, was expanding at breakneck pace at the very moment market systems were undergoing collapse. Alternatives shatter the sense of inevitability, that the system must, necessarily, be patched together in the same form; this is why it becomes an absolute imperative of global governance that even small viable experiments in other ways of organizing communities be wiped out, or, if that is not possible, that no one knows about them.

If nothing else, this explains the extraordinary importance attached to the security services and preemption of popular struggle. Commoning, where it already exists, must be made invisible. Alternatives— Zapatistas in Chiapas, APPO in Oaxaca, worker-managed factories in Argentina or Paraguay, community-run water systems in South Africa or Bolivia, living alternatives of farming or fishing communities in India or Indonesia, or a thousand other examples—must be made to disappear, if not squelched or destroyed, then marginalized to the point they seem irrelevant, ridiculous. If the managers of the global system are so determined to do this they are willing to invest such enormous resources into security apparatus that it threatens to sink the system entirely, it is because they are aware that they are working with a house of cards. That the principle of hope and expectation on which capitalism rests would evaporate instantly if almost any other principle of hope or expectation seemed viable.

The knowledge of alternatives, then, is itself a material force.

Without them, of course, the shattering of any sense of certainty has exactly the opposite effect. It becomes pure precarity, an insecurity so profound that it becomes impossible to project oneself in history in any form, so that the one-time certainties of middle class life itself becomes a kind of utopian horizon, a desperate dream, the only possible principle of hope beyond which one cannot really imagine anything. At the moment, this seems the favorite weapon of neoliberalism: whether promulgated through economic violence, or the more direct, traditional kind.

One form of resistance that might prove quite useful here – and is already being discussed in some quarters – are campaigns against debt itself. Not demands for debt forgiveness, but campaigns of debt resistance.

XX
In this sense the great slogan of the global justice movement, “another world is possible”, represents the ultimate threat to existing power structures. But in another sense we can even say we have already begun to move beyond that. Another world is not merely possible. It is inevitable. On the one hand, as we have pointed out, such a world is already in existence in the innumerable circuits of social cooperation and production in common based on different values than those of profit and accumulation through which we already create our lives, and without which capitalism itself would be impossible. On the other, a different world is inevitable because capitalism—a system based on infinite material expansion—simply cannot continue forever on a finite world. At some point, if humanity is to survive at all, we will be living in a system that is not based on infinite material expansion. That is, something other than capitalism.

The problem is there is no absolute guarantee that ‘something’ will be any better. It’s pretty easy to imagine “other worlds” that would be even worse. We really don’t have any idea what might happen. To what extent will the new world still organized around commoditization of life, profit, and pervasive competition? Or a reemergence of even older forms of hierarchy and degradation? How, if we do overcome capitalism directly, by the building and interweaving of new forms of global commons, do we protect ourselves against the reemergence of new forms of hierarchy and division that we might not now even be able to imagine?

It seems to us that the decisive battles that will decide the contours of this new world will necessarily be battles around values. First and foremost are values of solidarity among commoners. Since after all, every rape of a woman by a man or the racist murder of an African immigrant by a European worker is worth a division in capital’s army.

Similarly, imagining our struggles as value struggles might allow us to see current struggles over global energy policies and over the role of money and finance today as just an opening salvo of an even larger social conflict to come. For instance, there’s no need to demonize petroleum, for example, as a thing in itself. Energy products have always tended to play the role of a “basic good”, in the sense that their production and distribution becomes the physical basis for all other forms of human cooperation, at the same time as its control tends to organize social and even international relations. Forests and wood played such a role from the time of the Magna Carta to the American Revolution, sugar did so during the rise of European colonial empires in the 17th and 18th centuries, fossil fuels do so today. There is nothing intrinsically good or bad about fossil fuel. Oil is simply solar radiation, once processed by living beings, now stored in fossil form. The question is of control and distribution. This is the real flaw in the rhetoric over “peak oil”: the entire argument is premised on the assumption that, for the next century at least, global markets will be the only means of distribution. Otherwise the use of oil would depend on needs, which would be impossible to predict precisely because they depend on the form of production in common we adopt. The question thus should be: how does the anti-capitalist movement peak the oil? How does it become the crisis for a system of unlimited expansion?

It is the view of the authors of this text that the most radical planetary movements that have emerged to challenge the G8 are those that direct us towards exactly these kind of questions. Those which go beyond merely asking how to explode the role money plays in framing our horizons, or even challenging the assumption of the endless expansion of “the economy”, to ask why we assume something called “the economy” even exists, and what other ways we can begin imagining our material relations with one another. The planetary women’s movement, in its many manifestations, has and continues to play perhaps the most important role of all here, in calling for us to reimagine our most basic assumptions about work, to remember that the basic business of human life is not actually the production of communities but the production, the mutual shaping of human beings. The most inspiring of these movements are those that call for us to move beyond a mere challenge to the role of money to reimagine value: to ask ourselves how can we best create a situation where everyone is secure enough in their basic needs to be able to pursue those forms of value they decide are ultimately important to them. To move beyond a mere challenge to the tyranny of debt to ask ourselves what we ultimately owe to one another and to our environment. That recognize that none this needs to invented from whole cloth. It’s all already there, immanent in the way everyone, as commoners, create the world together on a daily basis. And that asking these questions is never, and can never be, an abstract exercise, but is necessarily part of a process by which we are already beginning to knit these forms of commons together into new forms of global commons that will allow entirely new conceptions of our place in history.

It is to those already engaged in such a project that we offer these initial thoughts on our current strategic situation.

Trading Benjamins

Chinese yuan with Chairman Mao
My 14-year-old son is going to China next month, along with a group of classmates and chaperones. Yesterday I went to Wells Fargo to exchange $400USD for Chinese yuan. A small currency exchange, cash for cash, very routine. To accomplish the task, however, I was required to provide two forms of identification. This was not a glance-at-the-information kind of ID check, which would’ve been pointless to begin with. No, the clerk put the information into the bank’s data base before handing me the money.

I asked her, “Why on earth do you need my personal information to exchange currency?” She said, under her breath, “Have you ever heard of the Patriot Act? The government requires us to gather this information so they can identify potential terrorists.” She went on to tell me that Wells Fargo is the only bank in town still willing to deal in foreign currency. The other banks have opted out so they don’t have to jump through government hoops and engage in data mining to benefit our nosy and intrusive administration.

Walking out of the bank with my red notes, Chairman Mao watching me, gave me a creepy sense of foreboding.

An American Socialism?

In the current housing bankruptcy “crisis” which was in fact created by the privately owned Fed through interest rates that reached 1% in 2003 combined with lax oversight of the banks, the bail out now being talked about in Congress will help… no surprise… the banks by and large. It is meant to deceive the public again by using words such as “helping” the homeowners, or “saving” peoples homes. NOTE: When you save a mortgage you save the bank’s payments by insuring they keep coming in. Besides the fact that people don’t own their homes, the banks do!

Regardless, in a socialist system this kind of gross manipulation would never have happened in the first place. And the half honest sensible solution by these charlatans in Congress should be to refi these homes to these homebuyers at the new lesser value. Because the value is lost anyway. And these homes were wildly overvalued by an out of control speculatory financial cabal. Besides, the bundled debt obligations and structured investment vehicles are worthless. Adding misery, the value of these homes will keep crashing. The rub? The banks and Investors made millions off these paper schemes and walked away… and probably paid little or no taxes. And now, the home buyers who were preyed upon by these lenders, owe money on a devalued home that was used only as a commodity by the “gentlemen” on Wall St. to manipulate, through the creation of CDO’s and SIVs? Sure! That’s capitalism. Systemic political and corporate corruption. And it’s going to get worse.

Congress desperately needs this property tax, interest payment, revenue stream to keep flowing to the banks and the states. But the reason this is a problem for Congress of “what is the best poison” to cure this, is that to bail out the home buyer who got screwed, is using tax money to keep receiving tax money. It’s double taxation!! And a zero sum game… besides rewarding the crooks. More deficit spending. But the Fed doesn’t care about homeowners and thusly told Congress as much by introducing Paulson’s new scheme to have the Fed take over the duties of the SEC and oversight of the big investment banks and their financial debauchery and chicanery. To keep the graft and secret deals going. The “dark trades” as they’re called. And spineless Congress cannot protest. They are owned by the Fed. In fact they are linked in responsibility by their repealing of the Glass-Steagall act with Greenspan’s urging (which Clinton didn’t veto) and attaching the Commodities Reauthorization Act attached to an appropriations bill in 2000. Ahhh the rewards for the capitalist elite are sweet indeed. No accountability, no worries, no chance of getting the blame. The yellow press at their beckon call.

Socialism would put all properties under the ownership of the people with all rents going to the citizens public fund and distributed to each social association for necessary services, loans, needs. There is no reason for housing or land to have any kind of increased value over the years. NONE. Ask yourself why your car then, doesn’t appreciate in value? Or your furniture? Real estate has been another way to oppress and exploit people by putting them into massive debt and making them pay banks twice the value of the home over the term of the loan. Besides the fleecing by the middlemen realtors and speculators using homes as commodities,(thus the current death spiral in housing). Have you ever looked at your amortization schedule? On a fixed rate 30 year loan? You pay twice or more of purchase price, if you paid off your loan! And you’re paying the bank first. We are insane for agreeing to this but that’s why the banks are the most powerful sector of capitalism. Which include the privately owned Federal Reserve. Oh you say, I made thousands when the market was good! No, you made the banks richer and more powerful by putting the next person into new debt for 30 years at 1 1/2 to 2 times the mortgage payment. Now your house increasing in value, puts upward pricing pressure on all homes and finally drives them out of reach of buyers. Thus the 1% housing bubble. For every person who “wins” in the capitalist system, 8 people lose (and those who depend on them). Otherwise you wouldn’t have a system where 10% of the population own 85% of the household wealth and property. The trick is to keep you thinking you’re winning when you’re really just up to your neck in debt in this American Casino Land.

Capitalism is a constant barrage of fairy tales and propaganda aimed at deluding the masses into believing there is no other way a social/economic system can be run. And that to be rich (or at least have the opportunity-possibility to be) is the ultimate goal because that is the genuine expression of self freedom and self worth! Or the lie that mercantilism and worker owned production could not work alone… without the corporate structure or Wall St. But the facts on the ground show us the truth, that capitalism is a fascist system designed to concentrate wealth at the top, steal our productive gains, and by doing so, makes those at the top the most powerful, privileged members of a society. It’s Monarchical. A plutocracy. Oligarchs rule. Fascism! Congress, the court system and state/city regulatory systems are subservient in every way to maintaining the fascist construct. Question: Ever taken part in an organization by volunteering to help change one of the many injustices in this country? You know what I’m talking about then. Wall after wall after obstacle after pot hole after bought off politician …all lined up to trip you, slip you and flip you upside down. New rules to increase petition signatures required for public ballots. Electronic vote stealing and manipulation. Redistricting. Third parties crushed. City council and board meetings held during weekdays. Hundreds of fees and licenses required to run business. Lobbyists at every turn. Zoning codes that dis-allow creative housing solutions and energy use. State insurance commissions. Mineral rights sold for pennies on the dollar… On and on and on… Unless of course your organization/church is involved in taking up the slack for capitalisms failures… then you’re a Mother Theresa! What’s that saying? “I work to feed the poor, they call me a saint. I ask why the poor have no food, they call me a communist.”

Many people I talk to, on all fronts, are frustrated. And many realize that it is the corporate structure, their power to manipulate policy, to move jobs overseas, encourage wars, and the massive deregulated profit taking and currency manipulation that is at the center core of this American milieu. Besides the fact that no one I talk to has make a thin dime or dollar on Wall St. But the thing I keep running into are differences on how to solve the problem without changing the system drastically. A hypothesis that can be presented is that there is much delusion and neurosis in this land. The idea that we can somehow keep the system we have and make it work for the masses of productive working people, is the delusion as repeatedly, the corrupt one party system consistently proves otherwise. The neurosis is contained within this same idea that is the crux of the delusion. Knowing that something needs to change drastically and on the other hand knowing (by experience or observation) that it is irrational and impossible within the corrupt fascist matrix that will not allow drastic change that is needed. This creates neurosis. The constant tension of this negative psychic entrapment, is energy that has to be released and is finally. Usually negatively in some way. But it could be positive and productive IF there were a real alternative to work toward. Democratic socialism.

Socialists are realists. They are objective creative intelligent humanitarians who know that this delusion and neurosis is not healthy and requires a clean break from the causation. Often I am scoffed at by others for this view. Where? Where would – could this happen? I think that if it’s possible anywhere it would be in a state that seceded from the nation. Vermont’s trying and testing the water. Though even then, there would be no consensus for a socialist form of citizen led, decentralized government. No, until the public is re-educated as to the true intent and purpose of democratic socialism and its platform, and can be persuaded that exploitation of man by man is unacceptable, they will forever bicker and fight among themselves, as children who fight for a place in the lunch line or over possessions. Seemingly without the skills to reassess, re-strategise, and break away from the malignancy present all around us. Socialism takes a deep commitment and concentration to assess the situation on the ground (objectivism) and rationalize, then actualize the alternatives that will then benefit the real producers of capital (us) and replace the owners of the means of production and pushers of propaganda. It’s time to consider socialism as the correct answer to our dilemma.

Death spiral economy

The fascist business model in full view, unapologetic. Unaccountable. The Democrats have no intention of changing it. They have to protect their major donors. Obama is fully backed by Wall Street capitalists. He talks the talk of reform but he cannot and won’t walk the walk. He won’t tell you the real problem is the FED who created this mess. He’s just another black face in a high place. Powerless. Selling the illusion of hope. No substance.

USB bank today declaring more massive losses/write-offs. Muni-bonds and huge retirement funds will soon be reporting major losses. Member of PERA? Watch out! And of course when states start hurting bad, the taxes on these criminals who created this won’t be raised, nor fees increased on the oil companies who’ve raked in massive profits over the last 5 years… rather services and state education funding will be cut dramatically. Adding to the death spiral. Don’t you just love American capitalism? It’s a war/service cheap imports, low wages race to the bottom economy. And the vultures are coming out picking the bones of the unemployed and devalued real estate. Predators and scavengers. That’s the real U.S. economy.

We’ve lost all the gains from our productivity, we could have enjoyed, to these corporations and bankers/financial firms and war arms mfgrs. in their increased profits and paper schemes. Then by job loss, then poverty, our few possessions are lost-sold to the bottom feeders and other desperate folk.

A new American Socialism is needed that will stop war, take back the control of the currency from the Fed, abolish the IRS, abolish the corporate structure, abolish Wall Street and its speculators and commodities traders, and make the banks use social credit with low or no interest loans. Only low admin fees allowed. Then fully fund education through college, provide a national dividend to all citizens, fund a natl. health insurance program and return the means and ownership of production to the workers so that no non-productive parasitical outsider (stockholder) can make a profit from that company. Then turn our economy inward to the benefit of our people first with few exceptions in limited import and exports. And a radical energy transformation to zero point sources and hydrogen. Of course non of this will ever happen. As a famous autistic said: “I’m not a stupid person… Jenny.”

“Not surprisingly, neither in Paulson’s remarks nor in the 214 pages of the plan he released is there any suggestion that Wall Street firms or their top executives be called to account and held legally culpable for the economic and social disaster that has resulted from their reckless and often deceptive, if not outright illegal, policies and actions. US Treasury plan shields Wall Street speculators” -wsws.org

April Fools: The Fox To Guard The Banking Henhouse
– by Dr. Ellen Brown – 2008-03-31

U.S. Treasury Regulatory Reform Proposals: Hapless, Helpless, Hopeless
– by Richard C. Cook – 2008-03-31

New World Order. A Planned World Economy
Mankind at the Turning Point Part 3
– by Brent Jessop – 2008-03-31

Republicans and “Free Market” Zealots Bring Death to America
– by Paul Craig Roberts – 2008-03-30

Economic Cycles and Political Trends in the United States
Part I – by Prof. Rodrigue Tremblay – 2008-03-28

Is an International Financial Conspiracy Driving World Events?
Bankers now control national monetary systems in their entirety.
– by Richard C. Cook – 2008-03-27

The Fed’s Bailout: Whose Money Is It?
– by Richard C. Cook – 2008-03-23

Speculative Onslaught. Crisis of the World Financial System: The Financial Predators had a Ball
Danger of a domino collapse of banks akin to that in Europe in 1931?
– by F. William Engdahl – 2008-02-23

Derivatives – A Potential Financial Tsunami?
– by Daniel Apple, Rick Baugnon -2008-03-21

A New President Should Seize Control of the U.S. Monetary System
– by Richard C. Cook – 2008-03-20

The destruction of the dollar

The American business community, the Democratic and Republican Parties, and the US government they control have destroyed the dollar. Simply put, they pumped it up with empty air, and now nobody wants to use it as international currency. Look at the 3 alternative currencies: gold, the Euro, and barrels of oil. All these alternatives have real use value based on real evaluation of what they can buy, while the paper dollar has nothing other than the Pentagon to back it up now. Take it or bake, is how they want others to shake.

What the paper dollar actually has to back it up, is only our promise to pay the national debt sometime. However, our government acts more like international gangsters rather than any type of legitimate business men. Gangsters are pretty damn iffy, hence the dollar is plummeting in real value recognized by others.

I include a barrel of oil as true and valued currency in today’s world, along with gold and the Euro. Remember those Mad Max movies? Remember how scarce petroleum was the key to survival in those movies? Thank our American ‘leaders’ for creating the new Mad Max movie we are now part of the cast of.

The dollar is dead, How Long Live the Empire?! Remember The Empire of Mad Max’s world? Good luck, Kids. The Empire is turning you into rats that will scurry around for survival. It’s not the movies any more. It’s what the supposedly responsible American business community has done for y’all. It’s Mad Max’s world!

Paul Roberts’ asks, ‘Who is going to bail us out?’ Good question, so see his answer for yourself.

The falsity of Stalinist “Socialism”

Socialism does not equal tyranny, unlike the claims and demagoguery of the capitalists. A true democratic Socialism and fair market system is a natural course for human society. It is free of predatory and parasitic capitalist schemes to dominate and exploit everyone and everything. It is decentralization of power distributed to citizens, as opposed to the fascist model that benefits from centralization and concentration of power. It can disperse wealth and enrich citizens if they can be de-programmed of their false worship and idolization of wealth as success and exploitation as the norm.

And it doesn’t have to be an exact model of Marx or Engels or Trotsky or Lenin. But it should include the takeover of production from the fascists with community worker councils in control. And the shift away from enslavement of the worlds workers by the bankers and through globalisation. And control of currency back to the citizens. The capitalists are middlemen who get in our way of a just fair society that we have the ability to create. It is they who have created all of the false propaganda about Socialism. They who choke by way of embargoes, sanctions, and political disruption, any countries attempt toward a just socialist society. Their domination as a minority over the majority cannot and should not stand any longer.

Here’s a good read. Dated but still valid. Enjoy. Also enjoy the many thorough and insightful articles on www.wsws.org

Socialism and Democracy
James P. Cannon gave the following talk to a meeting at the Socialist Workers Party’s West Coast Vacation School, September 1, 1957. It was first published in the Fall 1957 International Socialist Review.

Comrades, I am glad to be here with you today, and to accept your invitation to speak on socialism and democracy. Before we can make real headway in the discussion of other important parts of the program, we have to find agreement on what we mean by socialism and what we mean by democracy, and how they are related to each other, and what we are going to say to the American workers about them.

Strange as it may seem, an agreement on these two simple, elementary points, as experience has already demonstrated, will not be arrived at easily. The confusion and demoralization created by Stalinism, and the successful exploitation of this confusion by the ruling capitalists of this country and all their agents and apologists, still hang heavily over all sections of the workers’ movement.

Shakespeare’s Mark Antony reminded us that evil quite often outlives its authors. That is true in the present case also. Stalin is dead; but the crippling influence of Stalinism on the minds of a whole generation of people who considered themselves socialists or communists lives after Stalin.

Now, of course, the Stalinists and their apologists have not created all the confusion in this country about the meaning of socialism, at least not directly. At every step the Stalinist work of befuddlement and demoralization, of debasing words into their opposite meanings, has been supported by reciprocal action of the same kind by the ruling capitalists and their apologists. They have never failed to take the Stalinists at their word, and to point to the Stalinist regime in the Soviet Union, with all of its horrors, and to say: “That is socialism. The American way of life is better.”

They have cynically accepted the Stalinist definition and have obligingly advertised the Soviet Union, with its grinding poverty and glaring inequality, with its ubiquitous police terror, frame-ups, mass murders and slave-labour camps, as a “socialist” order of society. They have utilized the crimes of Stalinism to prejudice the American workers against the very name of socialism. And worst of all, comrades, we have to recognise that this campaign has been widely successful, and that we have to pay for it. We cannot build a strong socialist movement in this country until we overcome this confusion in the minds of the American workers about the real meaning of socialism.

After all that has happened in the past quarter of a century, the American workers have become more acutely sensitive than ever before to the value and importance of democratic rights. That, in my opinion, is the progressive side of their reaction, which we should fully share. The horrors of fascism, as they were revealed in the ’30s, and which were never dreamed of by the socialists in the old days, and the no less monstrous crimes of Stalinism, which became public knowledge later—all this has inspired a fear and hatred of any kind of dictatorship in the minds of the American working class. And to the extent that the Stalinist dictatorship in Russia has been identified with the name of socialism, and that this identification has been taken as a matter of course, the American workers have been prejudiced against socialism. That’s the bitter truth, and it must be looked straight in the face.

The socialist movement in America will not advance again significantly until it regains the initiative and takes the offensive against capitalism and all its agents in the labour movement precisely on the issue of democracy.

The authentic socialist movement, as it was conceived by its founders and as it has developed over the past century, has been the most democratic movement in all history. No formulation of this question can improve on the classic statement of the Communist Manifesto, with which modern scientific socialism was proclaimed to the world in 1848. The Communist Manifesto said:

““All previous historical movements were movements of minorities, or in the interest of minorities. The proletarian movement is the self-conscious, independent movement of the immense majority, in the interest of the immense majority.”

The authors of the Communist Manifesto linked socialism and democracy together as end and means. The “self-conscious, independent movement of the immense majority, in the interest of the immense majority” cannot be anything else but democratic, if we understand by “democracy” the rule of the people, the majority. The Stalinist claim—that the task of reconstructing society on a socialist basis can be farmed out to a privileged and uncontrolled bureaucracy, while the workers remain without voice or vote in the process—is just as foreign to the thoughts of Marx and Engels, and of all their true disciples, as the reformist idea that socialism can be handed down to the workers by degrees by the capitalists who exploit them.

All such fantastic conceptions were answered in advance by the reiterated statement of Marx and Engels that “the emancipation of the working class is the task of the workers themselves.” That is the language of Marx and Engels—“the task of the workers themselves”. That was just another way of saying—as they said explicitly many times—that the socialist reorganization of society requires a workers’ revolution. Such a revolution is unthinkable without the active participation of the majority of the working class, which is itself the big majority of the population. Nothing could be more democratic than that.

Moreover, the great teachers did not limit the democratic action of the working class to the overthrow of bourgeois supremacy. They defined democracy as the form of governmental rule in the transition period between capitalism and socialism. It is explicitly stated in the Communist Manifesto—and I wonder how many people have forgotten this in recent years—“The first step”, said the Manifesto, “in the revolution by the working class, is to raise the proletariat to the position of ruling class, to win the battle of democracy.”

That is the way Marx and Engels formulated the first aim of the revolution—to make the workers the ruling class, to establish democracy, which, in their view, is the same thing. From this precise formulation it is clear that Marx and Engels did not consider the limited, formal democracy under capitalism, which screens the exploitation and the rule of the great majority by the few, as real democracy.

They never taught that the simple nationalization of the forces of production signified the establishment of socialism. That’s not stated by Marx and Engels anywhere. Nationalization only lays the economic foundations for the transition to socialism. Still less could they have sanctioned, even if they had been able to imagine, the monstrous idea that socialism could be realized without freedom and without equality; that nationalized production and planned economy, controlled by a ruthless police dictatorship, complete with prisons, torture chambers and forced-labour camps, could be designated as a “socialist” society. That unspeakable perversion and contradiction of terms belongs to the Stalinists and their apologists.

All the great Marxists defined socialism as a classless society—with abundance, freedom and equality for all; a society in which there would be no state, not even a democratic workers’ state, to say nothing of a state in the monstrous form of a bureaucratic dictatorship of a privileged minority.

The Soviet Union today is a transitional order of society, in which the bureaucratic dictatorship of a privileged minority, far from serving as the agency to bridge the transition to socialism, stands as an obstacle to harmonious development in that direction. In the view of Marx and Engels, and of Lenin and Trotsky who came after them, the transition from capitalism to the classless society of socialism could only be carried out by an ever-expanding democracy, involving the masses of the workers more and more in all phases of social life, by direct participation and control.

Forecasting the socialist future, the Communist Manifesto said: “In place of the old bourgeois society, with its classes and class antagonisms, we shall have an association.” Mark that: “an association”, not a state—“an association in which the free development of each is the condition for the free development of all”.

I say we will not put the socialist movement of this country on the right track and restore its rightful appeal to the best sentiments of the working class of this country and above all to the young, until we begin to call socialism by its right name as the great teachers did. Until we make it clear that we stand for an ever-expanding workers’ democracy as the only road to socialism. Until we root out every vestige of Stalinist perversion and corruption of the meaning of socialism and democracy, and restate the thoughts and formulations of the authentic Marxist teachers.

But the Stalinist definitions of socialism and democracy are not the only perversions that have to be rejected before we can find a sound basis for the regroupment of socialist forces in the United States. The definitions of the social democrats of all hues and gradations are just as false. And in this country they are a still more formidable obstacle because they have deeper roots, and they are nourished by the ruling class itself.

The liberals, the social democrats and the bureaucratic bosses of the American trade unions are red-hot supporters of “democracy”. At least, that is what they say. And they strive to herd the workers into the imperialist war camp under the general slogan of “democracy versus dictatorship”. They speak of democracy as something that stands by itself above the classes and the class struggle, and not as the form of rule of one class over another.

Capitalism, under any kind of government—whether bourgeois democracy or fascism or a military police state—is a system of minority rule, and the principal beneficiaries of capitalist democracy are the small minority of exploiting capitalists; scarcely less so than the slaveowners of ancient times were the actual rulers and the real beneficiaries of the Athenian democracy.

To be sure, the workers in the United States have a right to vote periodically for one of two sets of candidates selected for them by the two capitalist parties. And if they can dodge the witch-hunters, they can exercise the right of free speech and free press. But this formal right of free speech and free press is outweighed rather heavily by the inconvenient circumstance that the small capitalist minority happens to enjoy a complete monopoly of ownership and control of all the big presses, and of television and radio, and of all other means of communication and information.

But even so, with all that, a little democracy is better than none. We socialists have never denied that. And after the experiences of fascism and McCarthyism, and of military and police dictatorships in many parts of the world, and of the horrors of Stalinism, we have all the more reason to value every democratic provision for the protection of human rights and human dignity; to fight for more democracy, not less.

Socialists should not argue with the American worker when he says he wants democracy and doesn’t want to be ruled by a dictatorship. Rather, we should recognise that his demand for human rights and democratic guarantees, now and in the future, is in itself progressive. The socialist task is not to deny democracy, but to expand it and make it more complete. That is the true socialist tradition. The Marxists, throughout the century-long history of our movement, have always valued and defended bourgeois democratic rights, restricted as they were; and have utilized them for the education and organization of the workers in the struggle to establish full democracy by abolishing the capitalist rule altogether.

The right of union organization is a precious right, a democratic right, but it was not “given” to the workers in the United States. It took the mighty and irresistible labour upheaval of the ’30s, culminating in the great sit-down strikes—a semi-revolution of the American workers—to establish in reality the right of union organization in mass-production industry.

When it comes to the administration of workers’ organizations under their control, the social democrats and the reformist labour leaders pay very little respect to their own professed democratic principles. The trade unions in the United States today, as you all know, are administered and controlled by little cliques of richly privileged bureaucrats, who use the union machinery, and the union funds, and a private army of goon squads, and—whenever necessary—the help of the employers and the government, to keep their own “party” in control of the unions, and to suppress and beat down any attempt of the rank and file to form an opposition “party” to put up an opposition slate.

In practice, the American labour bureaucrats, who piously demand democracy in the one-party totalitarian domain of Stalinism, come as close as they can to maintaining a total one-party rule in their own domain. The Stalinist bureaucrats in Russia and the trade-union bureaucrats in the United States are not sisters, but they are much more alike than different. They are essentially of the same breed, a privileged caste dominated above all by motives of self-benefit and self-preservation at the expense of the workers and against the workers.

The privileged bureaucratic caste everywhere is the most formidable obstacle to democracy and socialism. The struggle of the working class in both sections of the now divided world has become, in the most profound meaning of the term, a struggle against the usurping privileged bureaucracy.

In the Soviet Union, it is a struggle to restore the genuine workers’ democracy established by the revolution of 1917. Workers’ democracy has become a burning necessity to assure the harmonious transition to socialism. That is the meaning of the political revolution against the bureaucracy now developing throughout the whole Soviet sphere, which every socialist worthy of the name unreservedly supports.

In the United States, the struggle for workers’ democracy is preeminently a struggle of the rank and file to gain democratic control of their own organizations That is the necessary condition to prepare the final struggle to abolish capitalism and establish democracy in the country as a whole. No party in this country has a right to call itself socialist unless it stands foursquare for the rank-and-file workers of the United States against the bureaucrats.

Capitalism does not survive as a social system by its own strength, but by its influence within the workers’ movement, reflected and expressed by the labour aristocracy and the bureaucracy. So the fight for workers’ democracy is inseparable from the fight for socialism, and is the condition for its victory. Workers’ democracy is the only road to socialism, here in the United States and everywhere else, all the way from Moscow to Los Angeles, and from here to Budapest.

Will economic stimulus avoid recession?

The capitalists system is in meltdown. The apologist candidates won’t tell us what the real problems are because they were asleep at the wheel and have voted in support of and taken part in the corrupt capitalist system. They’re all millionaires!!!! It’s time to start a new economy and new currency, end war, cut the military budget to 1/4 of what it is and dismantle the Fed. …and the parasitical Stock Market gambling casino that robs those who produce goods and services of their bounty.

Will Economic Stimulus Measures Stave Off Recession?
by Richard C. Cook

The 2008 Presidential Election: Concepts Progressives Must Know About Monetary Policy and History

Greenspan’s Dark Legacy Unmasked
by Stephen Lendman

C.H. Douglas: Pioneer of Monetary Reform – A National Dividend and Social Credit. by Richard C. Cook

Sovereign Wealth Funds
http://www.goldenjackass.com

Parasitical capitalism exposed

Got Real Player?
 
Two hours of excellent deconstruction of the big financial parasites and how 2008 will see a depression and a transfer of tax burden (bail out) onto the working and what’s left of the middle class. Banks are calling in loans on hedge funds and hedge funds don’t have the money (lost it gambling) so they are selling their assets (any assets) which include stocks. That’s why we see the big drops in the stock market. And the writing off of billions by the banks …large and small. And their stock price declining.

If the Fed keeps lowering interest rates (printing money to save their banking and wall street buddies) we’re screwed and it won’t help. That’s the same as me giving someone more money who is already in deep debt and has no way to repay me. They, the Fed, has screwed things up so bad we’d still be f__ked if they raised interest rates. It’s a liquidity fix one way and a credit tightening the other. But either way credit is cut off due to all the debt.

And all of this due to the subprime and criminal mortgage lending practices of the banks the Fed is supposed to be watching. Greenspan is a crook of magnificent proportion! He should be behind bars!! But it’s a systemic problem of corrupt fascist business model since the Fed took over the management, value and issuing of our currency in 1913. And largely amplified after the 1971 de-coupling of gold from the dollar. Dr Hudson explains how it’s all working to our demise.

This was in August before we see now Kucinich, like Paul, is being kept out of the debates and marginalized by the media. Hudson is Kucinich’s financial adviser. Some of you may not agree with his tax solutions but regardless, this is a scathing indictment of the current globalist capitalist financial/economic system. Deeply corrupt and terminal.

Dr. Michael Hudson on Financial corruption and collapse
Part 1 – Aug 15
Part 2 – Aug 22

Links on this site to the Aug 15 and 22 interviews.