Tag Archives: Interest

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

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

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

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

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

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

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

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

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

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

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

Trump shows us that sarcasm doesn’t translate over hostile media either.

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Sarcasm does’t work on the internet because the general comprehension level there doesn’t rise above dense. Owing to the same common denominator, Poe’s Law applies to the corporate media too, except the adage doesn’t come up when content isn’t crowdsourced. When the public has no hand in the content creation it has no reason to scrutinize a usage manual. Presidential election troll Donald Trump makes utterances everyday that pundits seize upon to discredit which are obviously sarcastic. But to recognize sarcasm as intended would mean conceding to the implicit truth at which he is digging. The US regime did birth ISIS. If both the justice department or the FBI are uninterested in investigating illegal official emails, the Russians may as well be called upon to check into them. If nuclear weapons are too big to detonate, we ought to stop producing them.

Michael Phelps wins gold to “right the wrong” of USA missing out on a medal

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Minutes after winning the first of his 2016 gold medals, Michael Phelps interjected into an interview of his teammates “this [victory] was to right a wrong” referencing a loss in 2012 in which he was robbed of a medal apparently. Not because somebody cheated, or a bad call was made, but because Michael Phelps had willed a win that he didn’t then earn. Being “wronged” by not being given a medal. Doesnt that pretty much illustrate American Exceptionalism?! As if the US sports media was interested in explaining such a thing. Last minute decisions to let Michael Phelps intercede in further relay teams, for the sake of breaking medal hording records, as opposed to physical feats, comes at a price obviously to the other relay swimmers. We’ve heard about the hopes of would-be Olympians dashed by the boycotts of 1980 and 1984. Add the Phelps-first priority of 2016.

Cleveland cops only cared that Tunick’s 100 naked women were not marching.

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The Spencer Tunick naked women photo-op at the Cleveland RNC provided an interesting spectacle. One hundred nude women aimed large mirrors at the convention center to shine light on the retrograde sexism of the GOP. They also might have stroked Donald Trump’s ego with a news headline he’s sure to have appreciated: A HUNDRED NAKED WOMEN GREET TRUMP AT THE RNC. Leave it to the press to mistake petitioners for groupies. What happened next also illuminated exactly what’s wrong with orchestrated protest. Nothing. Nothing wrong.

Tunick sweated about getting arrested for his per-usual photo project “Everything She Says Means Everything.” He’d gotten permission from the property owners, and his mass nudity installations are not misunderstood to be gatherings of sex offenders, but the RNC cops did show up. Their visit shed light on the very element Tunick was missing.

Esquire Magazine described the brief artist v. officer cultural exchange:

As soon as the women get into place, a van pulls up with four cops. The driver says to one of Tunick’s assistants: “What’s going on here? I just wanted to make sure there was no marching. There’s not going to be any marching in my area.” Then, they shake hands, and he drives off.

There’s not going to be any marching in my area says a cop untrusted to shut down unpermitted protest. Because dissent was envisioned to get out of hand, the city of Cleveland decided to abridge it. My area, the cop bragged. What a shame no one had the clothes to challenge him.

Naked masses of people express what again? The philosophy escapes me. Naked supplicants remind me of how the ancient Greeks forbade their slaves to wear clothes lest they conceal themselves as citizens. Apropos to today’s nudes, Greek and Roman slaves were also shorn. Military detainees in modern times are still stripped to prevent their escape. By definition, naked people wield nothing. To uphold inequity, indeed to maximize inequity, leave the poor nothing.

To a middle class steeped in materialism, perhaps Spencer Tunic’s nudescapes commodify communal being-ness. I can’t help but think their sensationalization appeals to the prurient. To non-Americans this is FEMEN activism stripped to nudity.

Tunic’s remote “she says” transmission to the RNC, an aerial photobomb deploying no boots on the ground, there, recalls the fairytale emperor whose imaginary attire was woven of a similar lack of substance.

BREAKING: Denver judge rules DPD “Shadow Officers” will be compelled to testify in Guy Fawkes protest case

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DENVER, COLORADO- Judge Theresa Spahn ruled this morning that Commander Fountain of DPD Intelligence, and “Shadow Team” Lieutenants Mitchell and Jimenez, will be compelled to testify in the case of Selayna Bechtold, a 19-yr-old arrested at last November’s Guy Fawkes Day march. Selayna was accused of obstructing the roadway and was among nine jailed that night, out of one hundred who marched. Curiously, a document accidentally released into one of the defendant’s discovery evidence revealed that 27 of those 100 were “shadow officers”. That march was 27% cop. From a leaked DPD crowd management manual we know that undercover shadow teams assist the arrest teams by pointing out “persons of interest”. What Cmdr Fountain and his men can testify to is how the undercovers pretend to be protesters. Do they take the streets? Do they pretend to assault policemen? Do they ingratiate themselves with real protesters by encouraging or leading in acts of unlawfulness? The city lawyers lost their bid to quash the subpoena motion of the intelligence and shadow personnel, but they will probably keep resisting defense efforts to shine the light on Denver’s heavy handed suppression of public protest. Even funnier: have them watch surveillance footage of the march and ask them to identify those seen misbehaving. Which are protesters and which are cops? If neither side know, there’s a 27% chance they are cops!

UPDATE: This afternoon, after the jury was seated and after opening arguments were made, the city lawyers told the judge they finally had the chance to review the defense evidence, which included a video of Selayna being jumped from behind, dragged across the street, tugged this way and that until eventually piled upon by riot officers. Based on that video, the city no longer wished to proceed. That video had been posted to Facebook within minutes of Selayna’s arrest November 5th of last year. It’s remained online for nine months. Count me among activists who thought the authorities scrutinized social media more closely. Was this the reason or did higherups spend lunchtime discussing what shadow officers were going to reveal? The testimony of shadow officers will have to wait until the next pending tials, five remain and all the defense lawyers have now motioned to subpoena these gentlemen. Selayna’s courtroom by the way was filled with Denver city attorneys preparing for those upcoming cases…

Mistakenly released DPD After Action Report reveals 27 officers on “shadow operations” at Denver 100 Mask March

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DENVER, COLORADO- Hidden deep in the evidence against one of nine protesters arrested at last year’s Guy Fawkes’ Day march in Denver, was an “AFTER ACTION REPORT” never encountered before in discovery evidence available to previous Denver activism defendants. This report has provided the first public mention of “Shadow Teams” deployed on “Shadow Operations” against peaceful demonstrators. Most remarkable was that 27 officers were mobilized for shadow operations, among a total of 169, clocking a total of 1379 man hours, against a rally and march that numbered “around 100” at its peak, to quote the report.

The report was presented to Denver municipal judge Beth Faragher on Monday before the trial of one of the Anonymous arrestees. The judge was asked why discovery evidence didn’t include reports from the “Shadow Teams” detailing, for example, what their shadow operations were. Judge Faragher agreed to continue the trial until September to allow city attorneys to come up with some answers.

One defendant’s lawyer was also provided the Denver Police Department’s Crowd Management Manual, an earlier edition of which was leaked last year by Denver’s Unicorn Riot. The current manual does not differ on this subject and defines Shadow Team as: “A team of officers assigned to identify Persons of Interest as being involved in possible criminal activity based on Reasonable Suspicion.”

There is no disagreement that shadow operations involve undercover officers following targeted activists. The question is what were they doing to maintain their cover? You can’t surveil moving marches from under storefront awnings or hotel windows. To mingle with protesters who have to march with them. To ingratiate yourself with hosts you have to participate. To impress leaders you have to delegate. So what actions were the shadow offices mimicking?

The title “Million Mask March” means to aggregate all the actions across the world demonstrating on Guy Fawkes’ Day, every 5th of November. Individual marches are ridiculed for being mere fractions of a million, in Denver for example, marshalling only a hundred or so. Now, even more humiliating for Denver may be the revelation that up to a quarter of the marchers were undercover cops.

Denver activists are accustomed to infiltrators, such have been photographed and outed regularly, but 27 officers operating in “shadow teams” is news. It may rewrite the last several years of arrest incidents. Arrests of Denver protesters have appeared sporatic and haphazard. Now it seems the targeting may have been restricted to actual protesters, because their shadow companions were not arrestible, by virtue of being cops.

Although Shadow Teams are mentioned in the DPD manual, this After Action Report is the first to itemize their deployment.

Here’s the command structure which list the names of three officers whom lawyers may be able to depose: a Commander Fountain, Lieutenant Mitchell, and Lieutenant Jimenez. Defense lawyers are now considering deposing these officers to learn more about what their operations entail.

Unfortunately the narrative provided in the 4-page after action report does not detail the “shadow” activity. It does however mention the number of anonymous activists which Denver was mobilizing against. From 20 building up to 100 tops. Here’s the full narrative:

Denver Police Department AFTER ACTION REPORT

NARRATIVE OF INCIDENT (Chronological log, if applicable, to be attached)

On 11-05-2015 members of the Denver Police Department were assigned to various locations throughout downtown Denver to monitor the Million Mask March. Response personnel consisted primarily of District SCAT teams, DMU, Metro/Swat and Gang Bureau officers. The MAP Team was staged at 14th and Delaware to facilitate arrest processing. On-duty traffic resources and DPD special units assisted as well. District Six Commander Tony Lopez acted as the Operations Chief and managed activity in the field. The Command Post was maintained at the Denver Crime Lab with representatives from RTD, DSD, DFD, CSP and DHPD.

By 1130 hours about 10 protestors gathered in the 1400 block of Lincoln on the west side of the Capitol. The participants were primarily dressed in black clothing and many were wearing masks. By 1245 hours the crowd grew to over 40 people. They demonstrated peacefully by holding signs and banners. On November 4th the protest group announced a planned march between the hours of 4 – 5 pm. The morning crowds and noon marches that took place in 2013 and 2014 did not occur this year.

Afternoon March

At 1420 hours some group members were observed making signs with spray paint. By 1545 the crowd grew to around 60. At 1640 hours Sergeant Cervera 680 contacted security at the World Trade Center (1625-1675 Broadway) in anticipation of protest activity there (Ben Buthe 720-499-2292 or CP 303-595-7049). DPD was advised that the WTC Plaza closes at 1800 hours.

At approximately 1650 hours officers contacted occupants of a suspicious dark truck NY GMY4295 parked on the elevated lot just east of DPD HQ (1400 blk of Cherokee). The incident checked clear.

At 1700 hours, two individuals wearing Guy Fawkes masks were observed walking southbound in the 1300 block of Delaware and then eastbound on W. 13th Avenue past the south side of DPD HQ.

At 1704 hours the group left northbound on Lincoln from the Capitol. They turned left on the 16th Street Mall but appeared to stay on the east sidewalk. The group turned south on Court Place but quickly crossed the street and walked back toward the Mall. At 1714 hours, some members walked in the street upon being encouraged by an individual with a bullhorn. This action interrupted the RTD Shuttle Service. The entire group then continued their march by walking down the center of the Mall. The Federal Reserve Security office was notified.

At 1725 hours the group rallied a short time at Stout Street and then turned around to march back toward Broadway. They turned west on California and walked toward 15th Street, where they remained on the sidewalk. The group turned right on 15th Street and started an unpermitted march in the street shortly thereafter. DMU officers responded to encourage the protestors back on the sidewalk. Verbal orders were given as well.

The group turned east on Stout and then north on the 16th Street Mall. They rallied for a short time at the Federal Reserve Building at 16th and Arapahoe and then continued northbound on the Mall. The group appeared to number around 100 at this time.

At 1750 hours the demonstrators turned right on Lawrence and marched primarily on the sidewalk toward 17th Street. They stopped momentarily midblock in front of the Westin Hotel then continued outbound on Lawrence. The group turned south on 18th Street where some of the members walked in the street. At 1757 hours, most of the crowd began an unpermitted march in the street 1700 block of Arapahoe. Demonstrators were advised to get out of the street and back on the sidewalk. After refusals to comply, four parties were arrested for the continued violations. Traffic officers diverted vehicular traffic at 18th Street for safety and opened the street at 1805 hours. At 1803 hours a female victim contacted 724A Officer Gates and stated she was assaulted by one of the protestors. District 6 officers were dispatched for the report and an ambulance was called.

The demonstrators continued their march on the sidewalk on Arapahoe toward 16th Street, then turned left on the Mall. They turned west on Curtis and marched across 15th to 14th Street. At 1817 hours an individual wearing a grey backpack with a metal baton attached to the back appeared to be trying to incite a disturbance. The group turned south on 14th and walked toward Champa where they stopped and blocked traffic. At 1820 hours a white male wearing all black with a military-type vest and carrying a backpack with white lettering was advised by police to get out of the street at 14th and Champa.

At 1825 hours the group continued to march south on 14th Street. They crossed California, Welton and Glenarm and then turned east on Tremont. At 1835 hours some members attempted to march in the streets again at 15th and Tremont. DMU officers once again responded to order and marshal the violators back on the sidewalk. The group continued south on 15th Street toward Colfax Avenue. The group marched unpermitted in the streets again on Colfax Avenue eastbound toward Broadway.

At 1844 hours a protestor pushed over DPD Lieutenant Mike Wyatt and bicycle officer Tab Davis at Colfax and Broadway. The suspect was arrested shortly thereafter. A second arrest was made after an individual attempted to “unarrest” the first suspect. At 1858 hours Sergeant Horton reported a felony drug arrest. Once again, traffic and DMU personnel assisted with traffic control in order to maintain a safe environment. Two additional protestors were arrested for disobedience. The protestors ultimately gathered back at the State Capitol and dissipated by around 1930 hours.

Throughout the afternoon and evening, multiple announcements were made by police for the demonstrators to get out of the street. Three Use of Force reports were completed in association with the arrests and three officers suffered injuries. One of the three officers (Cash) was transported to DHMC with a knee injury related to an arrest. Except for those officers involved in an arrest, all units were released by 2000 hours.

The European Union is a banking cartel to impose undemocratic reform & debt.

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HURRAH for the British electorate who figured it out! Look at who else is NOT in the EU and you’ll see where the smart money is. Switzerland for one. What does that tell you?! Ironically London is the financial capitol of world usury. Let Londoners complain about BREXIT and the provincial “racism” that drove the UK to seek independance. It’s not xenophobia, it’s local autonomy! It’s what Greece should have done, it’s what Ireland should have done. Breaking with EU is the first step out of debt slavery and the “austerity” squeeze engineered to privatize public wealth. Now the Scotts who didn’t know enough to leave the parasitic UK are griping about being forced from the EU, doubling down on ignorance of their self interest. And Londoners are talking about seceding. The days of landed gentry and bankers carving out tax havens like Luxemburg and Lichtenstein are past. Hopefully the English peasant rebellion we’ve just witnessed will storm London next.
 
Addendum: John Pilger explains the BREXIT triumph nicely. Threats of dire financial consequences for leaving the EU are the work of extortionist. The pain will be real of course because that’s how extortionists rule.

The Lindsey Flanigan Courthouse Plaza protest timeline (July 2015 – present)

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UPDATED: This is a timeline of the legal battle which began in July 2015 over activists’s right to protest in the Lindsey Flanigan Courthouse Plaza. It explains why activists with Occupy Denver did not believe they were being given lawful orders when commanded to stop and why activists still believe the DPD were wrong to make their arrests. The city’s charges of “encumbrance” and “obstruction” appeared calculated to circumvent a federal injunction protecting the public’s First Amendment rights.

July 27, 2015
Mark Iannicelli and Eric Brandt distribute jury nullification literature at Lindsey Flanigan Courthouse (LFC) plaza. Mark Iannicelli is arrested and jailed for two days, charged with seven felony counts of jury tampering. #15CR03981 (charges dismissed 12/16 by Judge Plotz).

Aug 7
Warrant is issued for arrest of Eric Brandt for same incident, same charges. Eric Brandt is arrested and jailed #15CR04212 (charges dismissed 12/16).

Aug 14
Colorado 2nd Judicial District Chief Judge Michael A. Martinez issues order CJO-1 barring protest, including structures, in LFC plaza. (The Chief Judge later explained that his motivation was to preempt racial unrest on occasion of potential death sentence being given to African American Dexter Lewis, so soon after Aurora Theater Shooter James Holmes, who is white, had been spared the death penalty.)

Aug 17
Through attorney David Lane of Kilmer, Lane & Newman, plaintiffs Eric Verlo, Janet Matzen & Fully Informed Jury Association file complaint for federal injunction protection against continued arrest of jury nullification pamphleteers in LFC plaza

Aug 19
Having become apprized of CJO-1 posted at courthouse, Verlo et al file amended complaint to include a challenge of the “plaza order”. US District Court Judge William J. Martinez grants an injunction hearing for August 21.

Aug 21
1. An AMENDED CJO-1 is posted to courthouse entrance. Colorado Chief Judge Martinez amends PLAZA ORDER prohibitions to apply only to “highlighted area”, not entire plaza.

2. US Judge Martinez hears oral arguments on federal injunction. LFC plaza is stipulated to be not just a “designated” free speech zone but a “traditional” free speech zone.

Aug 25
US District Judge William Martinez grants preliminary injunction, strikes first paragraph from amended plaza order. He rules the prohibitions in the highlighted area cannot limit non-amplified speech, the accosting of passersby, or the distribution of literature.

Aug 26   FOUR ARRESTS
8am: New REDACTED amended CJO-1 [Plaza Order] is posted on glass door of Lindsey Flanigan Courthouse. Occupy Denver activists initiate an all-day protest to distribute FIJA fliers.

10am: Protesters erect a popup canopy which is immediately confiscated by DPD citing activist lack of permit. Other materials confiscated include table, chairs, drums, banners, signs and jury nullification brochures. However there are no arrests or citations.

1pm: City Attorney Wendy Shea agrees to have DPD return confiscated property. DPD equivocates (for two days), citing lack of a specific person to whom property should be released.

3pm: Plaintiffs Verlo et al file motion to hold DPD in contempt of federal injunction for the confiscations. (DPD was later found not to be in contempt because evidence was not conclusive that literature had been confiscated.)

9pm: Occupy Denver erects three tents. DPD and SWAT seize the tents. Four protesters arrested for “obstruction”: William Hall #15GS012195 (took a plea deal: probation and area restriction), Adrian Brown #15GS012196 (trial 3/8, not guilty obstruction & failure to obey, guilty interference, 20 days jail, on appeal), Fred Hendrich #15GS012197 (case dismissed 6/13), Eric Verlo #15GS012198 (trial 1/11, guilty obstruction & interference, 20 days jail, on appeal)

10pm: Remaining protesters stay overnight in sleeping bags awaiting release of arrestees. (Thus begins a 24-hour protest which continues for 56 days.)

Aug 28     ONE CITATION, TWO ARRESTS
4pm: After further calls to city attorney, the canopy is reclaimed from DPD property, and is erected immediately. DPD confiscates it as “encumbrance”. Citation is issued for dog off-leash to Caryn Sorado #15GV552914 (dismissed 11/24 via plea deal)

7pm: Immediately after his delayed release from jail, Adrian “Monk” Brown erects a tent. Within half hour, while walking his dog at South end of plaza, Brown is arrested by DPD and tent is confiscated. #15GS012303 (trial 11/16 w Rodarte, jury finds Brown NOT GUILTY)

8pm: Eric Brandt protests Brown’s arrest, chases DPD Commander Lopez car, arrested. #15GS012304 (trial 8/24 w Spahn)

Sept 1
8am: Hearing before US judge Martinez to hold DPD in contempt. Paying a visit to the Denver Department of Pubic Works, activist learn that there is no permit required for “free speech activity” and furthermore the department does not have jurisdiction over the Lindsey Flanigan Courthouse plaza.

4pm: Activists erect three empty tents marked with bold letters “JURY NULLIFICATION TENTS”. At 6pm, DPD arrives in force to confiscate the three tents, and pass out paper notices [Encumbrance Notice] which read:

“!!Notice!! It is illegal to place ANY encumbrance on the public right of way. An encumbrance is defined as “any article, vehicle or thing whatsoever” which is on “any street, alley, sidewalk, parkway or other public way or place.” D.R.M.C. § 49-246 et. seq. The manager of Public Works may order all encumbrances in the public right-of-way to be removed. The failure to remove items so ordered is a criminal offense; the maximum possible penalty for which is up to one year in the county jail and/or up to $999 fine. PLEASE REMOVE ALL PERSONAL ITEMS FROM THIS AREA. If personal items are not removed immediately, you may be subject to an order of removal at which time all items will be subject to removal by the Denver Police Department. Agency – Denver Police Department”

The Denver ordinance cited above reads:

“§ 49-246. The manager of public works or the manager’s designee (hereinafter in this article, “manager”) is authorized to remove or to order the removal of any article, vehicle or thing whatsoever encumbering any street, alley, sidewalk, parkway or other public way or place (any such thing hereinafter in this article to be called an “encumbrance”). The manager may prescribe appropriate methods, specifications, placement and materials for encumbrances in the public right-of-way.”

Sept 3
US District Court Judge William Martinez rules DPD is not in contempt because evidence was not conclusive that literature had been confiscated. (Note: plaintiff’s order to show cause was filed on 8/26 before that evening’s arrests.)

Sept 7
In the LFC Plaza, city workers install steel signs in center of plaza which read: “NOTICE In reference to DRMC Sec. 49-246 this plaza must remain free from all encumbrances/obstructions – Denver Public Works”

Sept 8
4:30pm: DPD conducts sixth raid on protest, confiscating everything that can’t be gathered and held by activists.

Sept 11
Night raid, to avoid arrest everyone must stand and gather personal items as if to leave.

Sept 12
DPD Night raid. Everyone made to stand, no arrests.

plaza-handcuffs-timothy-campbell-nmt

Sept 13
Night raid, stop and frisk of Timothy Campbell because he “looked threatening” to an HSS security guard. Campbell is handcuffed but released. Michael Moore is issued a citation for having his dog Lizzie off leash #15GS013171 (1/5 plea deal, six month probation).

Sept 14
DPD confiscates “encumbrances”: chairs, flags, banners, toilet paper

Sept 15
While Michael Moore is loudly protesting at doors of jail about delayed release of Eric Brandt, jail deputies assault Moore and attempt to take him into custody. DPD arrives and delivers Moore to Detox. No arrests.

Sept 16   ONE ARREST
Surveillance operator observes Jose “Pedro” Trejo urinating in public. DPD force arrives, Pedro arrested #15GS013298 (Plea deal, time served, $50 fine).

Sept 17
1am night raid makes 12th raid. DPD threaten arrest for “violation of urban camping ban”

Sept 18   FOUR ARRESTS
While activists are celebrating 4th anniversary of Occupy Wall Street, DPD evict assembly citing encumbrances, arrest Eric Brandt #15GS013512 (trial 8/29 w Spahn) and confiscate majority of protest equipment and personal property, warn others to leave and face arrest upon return. Activists return and DPD arrest three more: Adrian Brown #15GS013537 (dismissed 3/18), Jay Maxwell #15GS013517 (plea deal, year probation), and Timothy Campbell who is tackled and charged with assault #15CR05088 (jailed 4 days, charges dropped 9/22).

Via their attorney, plaintiffs Verlo et al receive Spoliation Letter to preserve all correspondence, media, eg. evidence of activities in plaza, from August 2015 onward.

Sept 19   ONE ARREST
2:38am: Later that night, Mark Iannicelli is arrested for not removing his chair from plaza #15GS013527 (District court considering motion to dismiss)

Sept 24   THREE ARRESTS
Possible police agent sent into camp to provoke fight. Arrest of Adrian Brown #15M08835 (charges dropped) and Matthew Lentz #15CR05197 (jailed 5 days, charges dropped 9/28). Brandt arrested for interference #15GS013823 (6/13 trial ended in hung jury. Retrial is 8/1 w Faragher).

Sept 25
Adrian Brown files motion for expanded discovery on 8/26 tent arrest case (#15GS012196). Sept 25 is before the 30 day period after which HALO camera footage is regularly overwritten. (Other 8/26 defendants will be told their discovery motions were filed too late to prevent destruction of HALO surveillance video. Although all motions were similarly worded and requested the identical evening’s footage at Brown.)

City challenges temporary injunction with US Court of Appeals.

4pm: CURFEW notice posted by City workers who install eight steel signs on periphery of plaza declaring a curfew. Signs read:

“NOTICE The grounds of the Lindsey-Flanigan Courthouse and the Denver Detention Center are closed to the public from 8:30PM until 7:30AM. Except to conduct official business within tne facilities. Violators are subject to citation or arrest pursuant to D.R.M.C 38-115”

7:25pm: Activist are driven off the plaza by DPD. Protest continues overnight on sidewalk along Colfax Ave. DPD conduct night raid forcing everyone to stand and gather sleeping bags as usual.

Sept 26
Protest relocates across Colfax Ave to triangle shaped park on Northwest corner of Tremont and Colfax.

Sept 28?
After an activist discussion of an alternative fallback location being the plaza in front of the Wellington Webb Building, we discover curfew signs have now been posted there too.

Sep 30
City of Denver files motion to dismiss injunction.

Oct 6   ONE ARREST
Possible infiltrator disrupts camp by stealing property. She is ousted by Caryn Sodaro but later files a complaint in municipal court seeking a protection order against Sodaro. Warrant is issued for Sodaro’s arrest #15GS014734 (11/18 plea deal, 150 days jail).

Oct 9
Plaintiff files response to motion to dismiss.

Oct 16
Reply brief by plaintiffs

Oct 21   ONE ARREST
On first day of rain since plaza protest began, DPD effects full eviction of COLFAX CAMP. Confiscates personal property and protest materials. Hauls much of it in a garbage truck. Eric Brandt is arrested for obstruction and interference #15GS015407 (trial 9/7 w Spahn)

Oct 26
Reply from plaintiffs.

Nov 12
Reply in support of defense

Nov 16
Jury finds Monk Brown no guilty of 8/28 obstruction. Judge Nicole Rodarte in 3G. Deputy city attorney prosecuted the case.

Nov 17
Oral arguments to court of appeals, courtroom III

Dec 16
Denver District Court Judge Kenneth Plotz dismisses Jury Tampering charges against Mark Iannicelli and Eric Brandt (city does not appeal).

Jan 11
8/26 tent arrestee Eric Verlo found guilty of obstruction and interference, 20 days jail. Represented by public defender. On appeal based on ineffective assistance of counsel.

Jan 13
City makes first request for plaintiffs to show documents to defendants, as per spoliation letter. (Meanwhile activist defendants have received discovery motion responses that surveillance video is overwritten and all of city correspondence is privileged.)

Feb 1
Plaintiffs Verlo et al are informed that US District Judge William Martinez wishes to hold a full trial to consider a permanent injunction. Depositions will be recorded on Feb 12.

March 8
8/26 tent arrestee Monk Brown found not guilty of obstruction and failure to obey, but guilty on interference, sentenced to 20 days jail, on appeal based in inconsistent verdict.

March 16
Mark Iannicelli arrested again distributing JN fliers #16GS003320. He’s detained and cited for harassment and violation of CJO-1. Released within hours, charges dropped are 3/18.

May 2
Verlo et al file motion to show cause why former Denver defendants should not be held in contempt of court for the March 16 arrest of Mark Iannicelli. Filing was delayed because city refused to produce discovery evidence. Plaintiffs had to file a CORA request to learn facts of Iannicelli’s arrest.

May 11
Deposition of Chief Justice Michael Martinez

May 31
Order received from Federal Judge William Martinez:

ORDER: Before the Court is Plaintiffs’ Motion for Order to Show Cause Why Former Denver Defendants Should Not Be Held in Contempt of Court [108]. Per D.C.COLO.LCivR 7.1(d) and Federal Rule of Civil Procedure 6(d), the Denver Defendants’ deadline to respond was May 26, 2016. Denver filed nothing on that date, and has since filed nothing. Accordingly, the Court could deem the motion confessed. Solely in the interests of justice, however, Denver is ORDERED to file a response on or before June 3, 2016. No reply will be accepted without prior order or leave of Court. SO ORDERED by Judge William J. Martinez on 05/31/2016.

June 1
Motion to dismiss 8/28 chair arrest of Mark Iannicelli moves case to district court. Dismissal expected.

June 3
City responds to motion to show cause.

June 13
Fred Henrich 8/26 tent case dismissed.

June 20
Federal judge William Martinez responds:

ORDER: Before the Court is Plaintiffs’ Motion for Order to Show Cause Why Former Denver Defendants Should Not Be Held in Contempt of Court [108]. Given the nature of the alleged violation of this Court’s preliminary injunction, and given the lack of evidence that the alleged violation presents an ongoing problem, the Court sees no pressing reason to address potential contempt at this time. Plaintiffs are therefore DIRECTED to file a notice, no later than June 24, 2016, explaining why the Court should give priority to their motion. Otherwise, the Court intends to set this matter for a hearing immediately following the bench trial scheduled to begin on April 17, 2017 between Plaintiffs and the Second Judicial District. SO ORDERED by Judge William J. Martinez on 06/20/2016.

June 22
Jury trial for Eric Brandt’s 9/24 interference arrest results in hung jury. Retrial scheduled for 8/1 w Judge Faragher.

—-

NOTES:
A. List of 2015-16 plaza arrests (20) & citations (2)

No. Name: Date: Offense: Result:
1. Mark Iannicelli 7/27 (jury tampering) DISMISSED 12/16
2. Eric Brandt 7/27 (jury tampering) DISMISSED 12/16
3. William “Reno” Hall 8/26 TENT (obstr.) PLEA, prob., area restriction
4. Adrian “Monk” Brown 8/26 TENT (obstruction) NOT GUILTY obstruct & failure, GUILTY interference
5. Fred Hendrich 8/26 TENT (obstruction, interference, failure to obey) DISMISSED 6/13
6. Eric Verlo 8/26 TENT (obstruction, interference) GUILTY, 20 days jail, on appeal
7. Caryn Sodaro 8/28 (DOG citation) PLEA deal
8. Adrian “Monk” Brown 8/28 TENT (obstruction) NOT GUILTY 11/17
9. Eric Brandt 8/28 (failure to obey) ***trial 8/24
10. Michael Moore 9/13 (DOG citation) PLEA deal
11. Jose “Pedro” Trejo 9/16 (urinating in public) PLEA deal
12. Eric Brandt 9/18 TARP (obstruction) ***trial 8/29
13. Jay Maxwell 9/18 HANDCART (obstruction) PLEA deal
14. Adrian “Monk” Brown 9/18 A COOLER (obstr) DISMISSED 3/8
15. Tim Campbell 9/18 (assault/resisting) DROPPED
16. Mark Iannicelli 9/19 CHAIR (obstruction) to be dismissed
17. Matthew Lentz 9/24 (assault) DROPPED
18. Adrian “Monk” Brown 9/24 (assault) DROPPED
19. Eric Brandt 9/24 (interference) ***hung jury, retrial 8/1
20. Caryn Sodaro 10/6 (disturb, threats) PLEA deal, 150 days concurrent
21. Eric Brandt 10/21 WET PILE (obstruction) ***trial 9/7
22. Mark Iannicelli 3/16/2016 (harassment, violation of CJO-1) DISMISSED

B. Running tally:
Cases dropped or dismissed: 9
Not guilty verdict, obstruction: 2
Guilty verdict, interference: 1
Guilty verdict, obstruction & interference: 1
Plea deals: 6
Cases outstanding: 4

3. Trials still scheduled:
August 1, Eric Brandt (9/24 interloper interference), RETRIAL, LFC 3H
August 24, Eric Brandt (8/28 Lopez failure to obey), jury trial, LFC 3F
August 29, Eric Brandt (9/18 tarp obstruction), jury trial, LFC 3F
September 7, Eric Brandt (10/21 Tremont obstruct.), jury trial, LFC 3F
April 17-19, 2017, Verlo v Martinez, permanent injunction, Araj Federal Courthouse Rm A801

Virginia Dare was an “Anchor Baby”

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Not meaning to poke fun at young Ms Dare who disappeared along with the rest of the Roanoke Colony more than 400 years ago. More like mocking and reproving redneck bigots who make a big stink about other people having the same immigration privileges as THEIR ancestors did. Especially as it’s an election issue.

Along with the Religious Refugees. See, the first English immigrants were notably religious extremists fleeing from other religious extremists. Virginia the colony was named not for the Virgin Mary, but for Queen Elizabeth. The one who bullied Parliament into passing the Conformity doctrines. Which led to some hugely large massive horrifying monstrous big “civil” wars in England, Scotland, Wales, Ireland. Then exported to America along with the ongoing British v Spain and France wars.  The plan was then as now (think Israel) put a large amount of people who are just too contentious to allow them to stay in the Motherland, give them discount passage and sell them limited supplies and weapons. And do a lot of it on credit. The French term for it was pioneers. A support system for military adventures.  Make sure they’re likely to piss off the natives, but not likely to survive without some “emergency” backup from Momma England.

Others did the same thing, the English just were the ones who got away with it. Davy Crockett was part of two such maneuvers. Born in Tennessee when the Revolution hadn’t been worked out, Tennessee having been treaty land which the Crown was refusing to allow English expansion. One of the sore spots that the sorehead revolutionaries used as an excuse for the revolution. It’s referenced in the Declaration of Independence. The British government honoring some of their treaty obligations by selling weapons to Natives. And blankets (ahem!) and other goods. The Treaties in question being the peace agreements after the 7 Years War which was fought mostly in Europe but in American History class we’re taught to call it the French and Indian War. And since he was born in 1786 which was just barely almost 20 years before the Louisiana purchase, where the kings of  France and Spain took turns financing each others wars by selling land in The New World which had never been visited by any European king. They sold land back and forth that they had never seen. Along with the people of the region. Subject of Spain one morning and France the next. The English and their bastard child The United States did the same thing.

to tie it all together….

Definitely Davy Crockett was born of illegal immigrants on Cherokee land. The Roanoke colony was located in what’s now the Carolinas, named for one of the Kings Charles of England. The Conformity Acts caused such frictions between English Christians that Protestant groups like the Pilgrim Church, Puritans, Presbyterians and of course Catholics were slaughtered and persecuted whenever their factions weren’t persecuting every other faction. And a whole bunch of Christians who just could not conform to other Christian doctrines fled to America to set up shop. And put up shot. There was for instance a running feud which often broke into gunfire between South Carolina and North Carolina about the difference between Presbyterian and Episcopalian and another cross-Potomac same thing because Virginia was mostly Protestant and Maryland was predominately Catholic.  You didn’t have to be across the Catholic Protestant line to piss off the authorities. Just being a Non Conformist protestant would do the trick. I got that from the Oxford World Almanac which interestingly enough is sponsored by the Episcopal Church.

Whatever happened to Ms Dare and the rest of the Roanoke settlers is pure speculation but there sure is a lot of that too. Some have said in my hearing that the Roanoke people assimilated into the Cherokee or other nearby tribes. No documentation of that, all the documentation is on the lines that they Never Were Found Again.   Some of the speculation seems, to me, very cult like.

And a lot of the ones who promote that kind of conspiracy theories are also heavily into the Birther and Minuteman militias. And with ties to the Klan.

But with all these centuries of Christian v Christian slaughter, it’s somehow the fault of Jewish merchants (who say Happy Holidays instead of Merry Christmas)and Muslims. There have already been calls for the opening of internment camps for American Muslims.

Although the Hate Groups keep telling us that Muslims can’t be Americans. Or Native American Church. Or Jews. Or anybody who doesn’t attend Their Church. Ask any of those who proposing a Church State which one is to be the State Church and he’ll probably (eventually) say his own church of course.

Before any of all that comes around, maybe Christians better stop hating each other first. And your fellow Americans regardless of whether you think we’re actually Americans.

Hastert being a pedophile is not the story! Where did a former wrestling coach get millions to bribe his victims?!

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If Dennis Hastert was being treated like a convicted serial pedophile, he’d never see the light of day, you’d think. Instead the judge was asked to take into account his years of public service. Which is almost not missing the point of the whole scandal. Dennis Hastert being a pedophile pales next to the number of victims of his white collar crime. Paying hush money to the former victims of his predatory sexual abuse was the petty crime for which he was sentenced to 15-months in prison. Hastert’s biggest crime was his corruption as the longest serving Speaker Of The House. Dennis Hastert was a high school wrestling coach before running for office and becoming a multimillionare land speculator. Could Hastert’s record stint in Congress mean he didn’t break records for stealing from his constituents and their interests? It’s obvious where Hastert got the millions in cash with which to pay off his many underage victims. THAT’S the crime for which Dennis Hastert isn’t serving enough time. BY ALL MEANS, DO TAKE INTO ACCOUNT HIS PUBLIC SERVICE. Award his millions to his abused victims, put Dennis Hastert in jail forever, then, for betraying the public trust, hang him.

I have to ask: if Dennis Hastert was a perv as a wrestling coach, what predilections do you suppose he indulged as America’s second most powerful office-holder and corrupt multimillionaire? Are we to imagine Speaker Hastert kicked his pedophilia habit for graft? Those are two distinct abberations. One’s a mental disorder, the other is calculated greed.

At today’s sentencing the judge called Dennis Hastert a “serial pedophile” and expressed it was shocking to say serial pedophile and House Speaker in the same sentence. I doubt that. Mostly because we only learn these things after the fact. I think it would be more accurate in the future to wonder which if any of our speakers are not pedophiles.

If fellow congressmen and staffers knew anything of Hastert activities –and how couldn’t they not?– they should face prosecution as well.

Don’t miss the big fight: Bernie “Birdie” Sanders versus Hillary the War Hawk!

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democratic-convention-bellini-fight-poster
A Damn clever poster for the 2016 DNC. Forgot to list fight venue. SHOWDOWN IN PHILLY.

Biggest U.S. national political showdown of the century.

Democratic Convention. July 25-28, 2016 at 8:00 AM.

Mainstreet vs. Wall Street.

Bernie ‘Birdie’ Sanders, aka Lefty Sanders, aka The Bern, aka The Sandman, aka El Sabio (the wise) vs.

Hillary ‘War Hawk’ Clinton, aka Goldman Girl, aka Monsanto Mama, aka The Fracker, aka Not My Abuela.

Spouses discuss: internships at the White House, favorability polls vs GOP, FBI investigation, independent voters of the USA, Bernie or Bust reality check, election fraud, political revolution or status quo, public interest or corporate interest.

Tickets are $27 bucks for general admission or $250,000 VIP seating.

At the WELLS FARGO CENTER in PHILADELPHIA, PENNSYLVANIA, USA.

Did the media ignore Democracy Spring because staged arrests are not news? Do 1,200 ceremonial zip-ties matter?

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The US corporate media will ignore protest movements when it can, thus the coverage of last week’s DEMOCRACY SPRING demonstrations in Washington DC was scant if not at all. Arrests totalled 1,240 by the event’s finale on Monday and the number is being reported with indifference. Of course we can rail against the bias of corporate interests, but what of viewership interest. I’d have to count myself among the public who is interested in acts of political dissent but even I am not compelled to read about ceremonial submission to zip-ties. Who can bame journalists for shying from the awkward task of interviewing activists about the meaningless gesture?

Stakeholders means property owners essentially, for whom the original constitution was drafted, not you.

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When you see “stakeholder” it’s the brushoff. When government representatives hold hearings for stakeholders, they want to hear from monied interests and not you. Stakeholders are businesses and their periferal entities which may or may not include community members organized into public interest groups mobilized to grease private profits. Big Green. No room at the table upstarts or activated people whose stake is not commodified. In the West, stakeholders are energy companies, ranchers, and maybe an environmental advocacy group already willing to give industry what it wants. The stakeholder concept pleases conservatives who harken to the founding fathers, who intended the independent colonies be ruled by land holders only. When you’re a have-not, you haven’t a stake.

Scalia cheats hangman and robs voters of excuse to elect a Democrat in 2016

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HAHA. The Supreme Court’s most contemptible crony is dead and President Obama can appoint a more bluish replacement. Apparently that’s a key reason to have your party’s president in the White House. Obviously SCOTUS justices will always be pro-corporate and conservative of the status quo, in the interest of both right and center-left-of-right parties. At face value Scalia’s sudden demise is a welcome development for the so-called people’s party. Except it leaves Election 2016 bereft of the only reason being pitched as to why voters must hold their nose and elect another Democrat.

Maybe we can ask the Pope to call for the release of American mercenaries captured in a Baghdad brothel

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WE SAY they were civilian contractors kidnapped from a Baghdad neighborhood apartment. WE ARE investigating whether the abduction was coordinated by Iran. When those missing are Western agents or corporate media propagandists or covert special ops (or wayward US sailors armed with AK-47s), we say they are abducted and scour diplomatic channels for traces of the underword. When the victims are adversarial persons of interest to Western military intelligence or the White House, they are rendered extraordinarily or summarily incinerated from the sky end of story.

Can you imagine foreign diplomats approaching US officials about their passport holders gone missing? How simply ludicrous that the US is indignant that our mercenaries are being picked off at the scene of their crimes. Iraq is a war zone. What, the occupied peoples must endure our drones but can’t arrest our criminals? Even when we’re raping Iraqi women? American exceptionalists bomb hospitals but hold brothels to be no fly zones.

US media won’t report who the contractors were or what they were doing. Security service company SALLYPORT is denying the three men work for them, or their parent company MICHAEL BAKER INTERNATIONAL, or doing work for GENERAL DYNAMICS CORP under contract with the US Army. The Dirty Three might have been in the sex trafficking service of providing “comfort women” for the US soldiers being redeployed to Iraq. “Sallyport” sounds pretty damned ugly to me. Good riddance.

Occupier Mark Iannicelli charged with jury tampering for distributing fliers about jury nullification at courthouse

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Mark Iannicelli of Occupy DenverDENVER, COLORADO- Soft-spoken activist Mark Iannicelli sits in the Denver County Detention Center tonight, wrongfully arrested for passing out fliers in front of the Lindsey-Flanigan Courthouse on Monday. Though he and an accomplice had no personal interest in any trial at the municipal courthouse, Mark was charged with JURY TAMPERING, a felony with a minimum bond of $5,000. Mark was disseminating information about JURY NULLIFICATION, technically “know your rights” material, to people entering the courthouse. Jury nullification is an unpopular legal concept with a judicial system meant to crank out fines and jail sentences, but the US Supreme Court has affirmed the right of juries to think beyond their allotted jury instructions and the right of citizens to spread the word about that super-judicial discretion. As Mark was being handcuffed, a passing attorney tried to intervene. Asked if he was Mark’s counsel, the lawyer volunteered that he very well might be. Video of the arrest has already been filed with appropriate law offices and as a result Mark has representation. Though he was arrested before noon, as of 11:30pm Mark’s fingerprints have not yet “cleared”, until which time a bond cannot be posted. Meanwhile Mark’s inmate status has changed to “no bond allowed.” If these capricious abuses of authority persist beyond 7am, Mark will appear before a judge at 10am Tuesday.

The Denver Islamophobes “Americans Against Terrorism” plan another rally calling for war, not peace, with Iran.

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DENVER, COLORADO- In view of the anticipated US peace agreement with Iran, a Denver warmongering group Americans Against Terrorism (AAT) is planning a June 28 rally at the state capitol to reject any treaty which permits Iran to develop nuclear power. Their poster depicts a mushroom cloud over a Denver-flat metropolis, demonstrating that AAT knows exactly what it means to use terror and intimidation in the pursuit of political aims. Unsurprisingly, AAT didn’t have anything to say against the Charleston Church Shooting or other acts of domestic terrorism. (Or against racism.) AAT’s agenda has been to advance Israel’s interests, right now that’s drumming for war against Iran. Last year AAT rallied to support Israel’s 2014 attack on Gaza, “Operation Protective Edge”, which left 2,300 Palestinians dead and another 10,800 injured. Most of the casualties were women and children. Recently, AAT joined the equally pro-Israel Stand-With-Us to counter a successful BDS ad campaign running on Denver RTD buses. That’s who is rallying for “peace” this Sunday. Fortunately real antiwar activists plan a counter-protest.

Denver’s Argonaut Wine and Liquor reserves the right to roll their derelict customers without you videotaping it

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DENVER, COLORADO- Occupy Denver activist Caryn Sodaro was arrested in April for filming Denver police officers physically tormenting a drunken itinerant behind the Argonant liquor store on 760 East Colfax. Appearing in municipal court yesterday Caryn learned her accusers aren’t the DPD but Argonaut itself, whose employees charge Caryn with trespass for not removing herself from their parking lot with sufficient deference. Caryn was among a group of onlookers who were hoping to curb the police abuse by recording it. Of course documenting police brutality is not illegal, so the City of Denver is relying on private interests to complain to take the heat from law enforcement’s decision to make an arrest. You might well ask, what interest does the Argonaut have to keep customers or passersby from witnessing police officers kicking homeless men behind its store?

Video still from camera footageCaryn was retreating as ordered. In fact she was four spectators removed from the crime scene when DPD reinforcements lunged toward her to nab her.

Now the DPD want to hang Caryn’s arrest on a technicality, that she was trespassing, ignoring whether witnessing the potential commission of a crime wouldn’t be sufficient excuse to bend the Argonaut’s property rights. No one otherwise pretends that crimes like domestic violence are protected by claims to the privacy afforded by private property. Why does the DPD think its officers can indulge sadistic tendencies behind a veil of private security guards?

On Tuesday Argonant dispatched staffers Chris Crowley and William Dehl to bear witness against Caryn Sodaro. I wouldn’t bother to highlight the pair’s personal identities here were it not for a colorful twist in the courtroom which in retrospect is unsurprising from blond thick-necked goons who may delight in watching inebriates get the jack-boot. Waiting their turn to receive instruction from the judge, Crowley and Dehl amused themselves through the long morning docket by making disparaging and racist remarks to each other about the mainly Hispanic and black defendants in the clutches of Denver’s judicial quagmire, many of whom were in-custody and could not post bond.

The Argonaut has been a Capitol Hill favorite for a half-century, and no doubt it has finessed the art of dealing with the regular drunks. No doubt letting local officers vent their anger against bums in back alley is a tradition in the liquor biz. Fortunately cell phone cameras mean those days are waning. The Colorado legislature recently reinforced the public’s right to film the police. It can hardly be in the Argonaut’s best interest to shield police brutality from citizens who want to intervene. The Argonaut doesn’t want to highlight the consequence of alcoholism. Hopefully despite Argonaut’s efforts, getting rolled by the cops will prove to be less inevitable.

Osama bin Laden’s books. They could do you more good than they did him.

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Last week the CIA decided
Crossing the Rubicon, The New Pearl Harbor, Imperial Hubris, Obama's Wars, The Best Democracy Money Can Buy... to declassify the list of books found in Osama bin Laden’s last hideout when Seal Team Six made their raid. There were 39 titles, which the press has categorized as heavy on conspiracy theory. That’s true, untrue, and unsurprising if you consider the official White House line is that the US does not support illegal coups. These authors beg to differ, including the unimpeachable Noam Chomski. Other investigative standouts include William Blum, Greg Palast, John Perkins. The list did not include publication dates or editions, just author and title. A closer inspection of the list is revealing.
 
(This is part one of a continuing series.)

It would be more accurate to describe Osama bin Laden’s bookshelf as history, mostly contemporary with notable exceptions. For example, bin Laden’s reference on Christianity and Islam in Spain 756-1031 was published in 1889 with the full title “The Relations and Mutual Influences of Christianity and Mohammedanism During the Khalifate of Cordova.” In 1889 European perspectives on the Moorish occupation appear dramatically antisemitic.

The history of The US and Vietnam 1787-1941 begins with Thomas Jefferson’s first interests in trading for rice with “Cochinchina”. Written by a former ambassador, it was published in 1990 by the National Defense University Press. The Best Enemy Money Can Buy is about the symbiotic relationship between the US military industrial complex and Russia’s.

Some of bin Laden’s “books” such as Michael O’Hanlon’s Unfinished Business were staple-bound publications from US policy think tanks. I’ll review those and the various intelligence agency exposés in subsequent posts.

Here are the 39 titles listed alphabetically:
The 2030 Spike by Colin Mason; A Brief Guide to Understanding Islam by I. A. Ibrahim; America’s Strategic Blunders by Willard Matthias; America’s ‘War on Terrorism’ by Michel Chossudovsky; Al-Qaeda’s Online Media Strategies: From Abu Reuter to Irhabi 007 by Hanna Rogan; The Best Democracy Money Can Buy by Greg Palast; The Best Enemy Money Can Buy by Anthony Sutton; Black Box Voting: Ballot Tampering in the 21st Century by Bev Harris; Bloodlines of the Illuminati by Fritz Springmeier; Bounding the Global War on Terror by Jeffrey Record; Checking Iran’s Nuclear Ambitions by Henry Sokolski and Patrick Clawson; Christianity and Islam in Spain 756-1031 A.D. by C. R. Haines; Civil Democratic Islam: Partners, Resources, and Strategies by Cheryl Benard; Confessions of an Economic Hit Man by John Perkins; Conspirators’ Hierarchy: The Committee of 300 by John Coleman; Crossing the Rubicon by Michael Ruppert; Fortifying Pakistan: The Role of U.S. Internal Security Assistance (only the book’s introduction) by C. Christine Fair and Peter Chalk; Guerrilla Air Defense: Antiaircraft Weapons and Techniques for Guerrilla Forces by James Crabtree; Handbook of International Law by Anthony Aust; Hegemony or Survival: America’s Quest for Global Dominance by Noam Chomsky; Imperial Hubris by Michael Scheuer; In Pursuit of Allah’s Pleasure by Asim Abdul Maajid, Esaam-ud-Deen and Dr. Naahah Ibrahim; International Relations Theory and the Asia-Pacific by John Ikenberry and Michael Mastandano; Killing Hope: U.S. Military and CIA Interventions since World War II by William Blum; Military Intelligence Blunders by John Hughes-Wilson; Project MKULTRA, the CIA’s program of research in behavioral modification. Joint hearing before the Select Committee on Intelligence and the Subcommittee on Health and Scientific Research of the Committee on Human Resources, United States Senate, Ninety-fifth Congress, first session, August 3, 1977. United States Congress Senate Select Committee on Intelligence; Necessary Illusions: Thought Control in Democratic Societies by Noam Chomsky; New Pearl Harbor: Disturbing Questions about the Bush Administration and 9/11 by David Ray Griffin; New Political Religions, or Analysis of Modern Terrorism by Barry Cooper; Obama’s Wars by Bob Woodward; Oxford History of Modern War by Charles Townsend; The Rise and Fall of the Great Powers by Paul Kennedy; Rogue State: A Guide to the World’s Only Superpower by William Blum; The Secret Teachings of All Ages by Manly Hall (1928); Secrets of the Federal Reserve by Eustace Mullins; The Taking of America 1-2-3 by Richard Sprague; Unfinished Business: U.S. Overseas Military Presence in the 21stCentury by Michael O’Hanlon; The U.S. and Vietnam 1787-1941 by Robert Hopkins Miller; “Website Claims Steve Jackson Games Foretold 9/11,” article posted on ICV2.com.

Media calls Hastert clean-as-a-whistle as he is indicted for “prior misconduct” but where did he get millions to pay?

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Former Speaker of the House Dennis Hastert’s biggest crime isn’t whatever he’s paying hush money to cover up, it’s this: Where did the former high school teacher and wrestling coach get a discretionary fund of millions to pay off a blackmailer? While reporters try to dig up Hastert’s accuser, we should follow the money backward. WHERE DID SPEAKER HASTERT GET THE MONEY?! Or do we take for granted that all congressmen slash lobbyists are multi-millionaires who can spare several million for bribes of their own? It’s interesting that the media wants to indemnify Hastert’s “clean as a whistle” career from what they’re labeling “prior misconduct”. But that “clean as a whistle” firewall comes from Hastert having presided over the impeachment of Bill Clinton. So he’s a choirboy along the likes of Ken Starr. Otherwise Hastert’s long reign in the house was the usual shady. Details listed on the recent indictment indicate Hastert was being blackmailed for sexual misbehavior in the Duggar family tradition, not uncommon to born-again congressmen of Hastert’s hue.

City of Denver wins court battle to ignore the homeless, one arrest made

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DENVER, COLORADO- The trial of the Tattered Cover Five concluded this week. For three days a municipal court considered whether a complaint made against protesters drumming in front of the downtown Tattered Cover Bookstore should or should not curb the protesters’ freedom of speech. And the jury really didn’t get it. Not only did their verdict uphold the police’s discretion to decide whose speech can be considered to be disturbing the peace, but the jury introduced their own arbitrary enforcement, judging some drummers guilty and some not, even though the complaint which prompted the charges was based on the “loud and unusual noise” generated by the ensemble.

The jury had even heard testimony that defendants were threatened with arrest if we “so much as touched a drum.” How then could this case be about disturbing the peace via loud noise? Defense attorney David Lane knew our acts of defiance were more accurately “disturbing the police.”

More obtuse than the Denver jury was the presiding judge, who resisted every rational objection and motion to insure that blunt authoritarianism always received the benefit of the doubt. I’ll admit our supporters in the audience were glib throughout the trial as our lawyer David Lane could hardly sidestep using the dumb and dumber city attorneys for mops. But the judge always ruled in dumb’s favor. It was as if courtroom 3H was an Affirmative Action program for logical fallacies, and the judge was a rubber-stamp for the rule of bad law.

This was never more clear than in the trial’s final moments, when extra deputies ringed the courtroom and then arrested an audience member.

Just before the jury was to emerge with its verdict, the judge reminded everyone that filming or recording the jury was prohibited. David Lane voiced his objection at the buildup of officers in the courtroom without cause. As usual the judge was dismissive.

Lane emphasized that in all his years this was an uncharacteristic show of force. The judge didn’t care: “Objection noted.” It was her usual refrain.

As the officers moved closer to the audience to make their oppressive presence felt, the activism instinct to raise cell phones at the ready gave the officers their cause. This escalated into a standoff, with the deputies ordering an activist to leave the courtroom. His protestations of innocence were interpreted as resisting so he was led off in handcuffs, prompting of course more impulses to film the arrest.

When more officers began targeting more cellphones, a voice of authority rang out. It wasn’t the judge calling for order in the court. No, she was satisfied to let the deputes maraud through the audience and extract people with physical force without even looking up from her monitor. It was the sonorous voice of David Lane that brought the officers to heel. He said “Nobody can take anyone’s phone.” Lane’s gravitas had never given the judge pause but it stopped the deputes in their tracks.

“The most an officer can ask you to do is to put your phone in your pocket” Lane continued. One activist was holding his phone aloft in a game of keep-away with two deputes. Hesitantly he and the other audience members pocketed their phones.

When the jury members made their entrance they were greeted by a militarized courtroom and an audience numb with shock over the justice system’s indifference to abuse of power. We were in for a worse surprise.

It could be the jury did step up to David Lane’s challenge. He’d told them they would never in their lives wield as much power as they did on this jury, their chance to fashion how First Amendment protections are upheld. Except they didn’t share Lane’s or our concern for holding off a police state. Instead they sided with the prosecution, who urged they preserve “the right to ignore someone else’s opinion.”

Honest to God, our weekly protest at the Tattered Cover was presented to have been about the Urban Camping Ban. The jury understood we were urging people not to ignore the plight of the homeless. The city prosecutor’s words could not have been more ill chosen if one is embarassed by irony.

I was one of the defendants in the Trial of the Tattered Cover Five. One of us escaped charges due to a clerical error, two others were found not guilty for lack of self-incrimination. Tim Calahan and I were convicted of Disturbing the Peace, specifically for having created a loud and unusual noise in violation of a City of Denver ordinance. I got two convictions, community service, court fees, one year’s unsupervised probation, and supervision fees (yes that is a non sequitur), but all of it stayed pending appeal.

David Hughes arrested
So what happened to the courtroom arrestee? I’m free now to say that his name is David Hughes, Denver Occupier and IWW organizer. David wasn’t released until the next day, mostly because neither the city nor county was sure with what to charge him. David was kept in an underground cell between the courthouse and the county jail while the trial went on.

Stunned by our defeat in court, our now un-merry band’s attention was diverted to our imprisoned comrade. David had refused to be excluded from the courtroom and next we learned that, like any good Wobbly, David was refusing to reveal his identity. By chance his wife held his wallet and phone so David was free to complicate his abduction as anyone innocent of charges might. We continued to shout “Free John Doe” outside the courthouse in solidarity late into the night.

Was David guilty of using his phone camera? It’s generally understood that recording devices are not to be used in courtrooms, to respect the privacy of witnesses, the jury, and the accused. In this case the judge had specified not recording the jury which had not yet entered. What had interested David was the disproportionate buildup of sheriffs deputees. How many law enforcement officers can you have in a courtroom before the public feels threatened enough that they need to film the officers for the public’s own protection? What doesn’t get filmed, the cops get away with. The judge certainly wasn’t concerned for our protection.

Reflection
I really can’t understate the disappointment we all felt about the verdict. It was predictable yes, but unsettling to see it happen. We had the best lawyer that money can’t even buy, undone by the steady creep of Fascism. I associate it with our society’s declining education and public engagement, abetted by oppressive law.

For three days, attendees who were not readily recognized as being with the defendants could circulate the halls of the Linsey-Flanigan courthouse and overhear deputees talk about the case. All the deputees were greatly chagrined that The David Lane was representing us. Apparently they all know his reputation. There was no press interest except by KGNU, but lawyers who saw David Lane walk through the hall made a point to stop by our courtroom when they had the chance to watch him work.

And so it was really a blow to the ego to meet with failure. I’ve written before about how police intervention at our Tattered Cover protests ceased entirely after the first arraignment date when David Lane showed up in our stead. We’d been surveilled by a half dozen cruisers every Friday for a half year. After David Lane officially filed our papers that number went to zero. No more visits from officers, no more drivebys with videocameras, for almost a solid year now. It should be interesting to see what happens this Friday. Will the cruisers be back? They still have no cause. No disruptions, no conflicts, no threat of lawbreaking whatsoever.

Before Lane the officers regularly interrupted our assemblies to recite their warnings in spite of our objections. When Tim and I were arrested, we had to sit in a holding cell, shackled to a bench, while Sergeant Stiggler berated us for looking like fools. We were wrong about the camping ban, we were wrong about our rights, bla bla bla bla. We kept our mouths shut to shorten his lecture. After enduring our bullhorn for three months, he’d composed quite a rebuttal. His diatribe contradicted the suggestion that our arrests were about the noise and not our message.

For now unfortunately the sergeant turns out to have been correct about our rights. And looking like fools I guess.

For now Denver’s Disturbing the Peace ordinance does dismantle the First Amendment. For now it does allow what’s called a “heckler’s veto.” That’s a marker of unconstitutionality where one person’s complaint could be used to silence political speech to which they object. It does allow police officers to decide what “time place and manner” limits to place on free speech. Nevermind “Congress shall make no law to abridge” –that’s up to the police. It’s their call!

At our earlier motions hearing David Lane spent two days arguing that Denver’s ordinance was unconstitutional, to deaf ears obviously. At that hearing, DPD officer after officer testified that what qualified as a disturbance was entirely theirs to decide. Lane laid the groundwork to show that Denver police officers aren’t given a clue how to respect free speech. This judge was already satisfied I guess to pass the buck to a higher court.

In the meantime activists can no longer brey with confidence about free speech rights in Denver. We’ll have to engage with police submiting their proposed abridgements. We’ll have to bite our tongues, as they do I’m sure, feeling our hands tied more than we’d like, they longing to beat us. It’s going to be more difficult to recruit newcomers, uneasy with what confidence we can responsibly instill in them. “Am I going to get in trouble” is the first question they ask. Now the more probable answer is not maybe.

April 15: NYC took a bridge, Chicago & Seattle took the streets, Portland took Town Hall, and Denver took the cake

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Photo by Laura Avant
DENVER, COLORADO- Yes, Denver’s FIGHT FOR FIFTEEN march kept to the sidewalks. When ISO members (organizing the local “15 NOW” group) pushed the boundaries, SEIU marshals criticized them not just for agitating, but for pushing their socialist agenda. Occupy Denver activists held a prominent banner which referenced reigning minimum wage champion Socialist Alternative. Most of the attendees were union members whose representatives have obviously failed to credit the SA party or Seattle Councilwoman Kshama Sawant for the nation’s first $15 minimum wage victory. We fielded questions all evening from marchers eager to know if an SA chapter was brewing in Colorado.

TO BE FAIR, Denver’s march did take an adventurous turn, by Denver standards, but the rally began as might be expected from an event dominated by the SEIU and other corporate unions and their immobile nonprofit cohorts. Denver’s 4-15 rally started in the middle of CU-Denver’s Auraria campus, invisible from any street and unseeable to even partipants arriving, until they turned the corner to find it, behind the Tivoli Center.

Then organizers had a lineup of speakers which stretched well past expectations, trimming the crowd by over a third as supporters opted to slip away due to the unexpected cold front. Next participants were admonished to stick to the sidewalk, even on campus grounds, and applaud the police who’d agreed to permit the march. We were heading to a neighboring McDonalds, at least we were taking the scenic route.

Throughout the rally and march, a brass band played, and members of the local band Flobots led chants and songs. This lent a fun energy but it did preclude ordinary marchers speaking out or centering the vocal messaging on anything more than the generic themes of financial discontent. Even as crowds lingered in front of McDonalds, the band played on, when poignant denunciations might have provided a suitable climax.

Fortunately, a “Silver Brigade” had been deployed to patronize the fast food monster beforehand, to prevent managers from being able to lock the doors when the marchers arrived. McDs managers did lock the doors and they discussed a number of interesting defensive tactics under the noses of our operatives, but the managers were ultimately unable to refuse senior citizens demanding they be allowed to exit. This exit was timed to allow the Fight-for-Fifteen procession to march straight up to the counter, demanding a living wage, etc. Their objections heard, the marchers left and eventually crossed the street and dissolved into shortcuts through the Auraria campus.

(Note: My account of our inside job may appear indiscrete, but I include it purposefully. One, because even with advance knowledge it’s a difficult tactic to prevent, and two, because organizers of successive protests of establishments such as McDs need to include this tactic if they don’t want to remain locked out.)

Photo by Laura Avant
The highlight for me was infusing the event theme with the S-word. Desperate as they were today to fight for a living wage, vowing “we’ll be back” or else to “shut it down”, these union adherants will shortly become the usual Democrats, waving the Hillary banners, as if there was no alternative.

Whose fault is it that America’s minimum wage has been allowed to lapse below the poverty level? Is the responsibility not in part that of the unions’? The SEIU is driving the official “Fight for Fifteen” campaign, but only after socialists have led the way, as they did whenever the labor movement made its gains.

CASE DISMISSED! City of Denver drops charges against Occupier Patrick Jay

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DENVER, COLORADO- Prosecuting attorneys for the City of Denver were granted their own motion to have their case against Patrick Jay dismissed for lack of evidence! Prominent civil rights lawyer David Lane was informed this weekend that all charges against Patrick have been dropped.

Patrick was arrested last December while returning to his car after a ?#?BlackLivesMatter? protest. He was seized by SWAT officers while VIDEOTAPING the snatch and grab arrest of fellow activist Max Mendieta. Patrick was charged with obstructing traffic while marchers staged die-ins at prominent Denver intersections. *

According to police, HALO cameras recorded Patrick and others blocking vehicles. The cameras might also have confirmed that their actions prevented cars from running over the marchers laying prone on the pavement. We’ll never know because the DPD now says the footage is gone. After defendants declined to take plea deals, Patrick’s defense attorney David Lane learned the HALO footage would not be available for discovery because the surveillance files had been accidentally overwritten! In view of this, David Lane motioned for a dismissal, but city attorneys assured the judge that there were DPD officers enough to bear witness against Patrick Jay. Lane vowed to compel those officers to first have to pick Patrick from out of a line up. Patrick’s jury trial was set for April, but last week city attorneys tendered their own motion for a dismissal and that motion was granted.

Patrick Jay’s charges were dropped and his First Amendment rights were vindicated, but of course the Denver Police achieved their goal of intimidating activists who have to brace themselves for arbitrary arrest even though they know their rights. Over the course of many months of marches, participation has suffered attrition not just because people are frightened, don’t want to or can’t subject themselves to arrest, but some activists who had no alternative but to take plea deals now cannot risk violating the terms of probation which forbid their participation in protests.

Only a few days after Patrick’s arrest, he and I were leaving another anti-police-brutality march when multiple DPD cruisers swooped up to us on the sidewalk. This time instead of jumping off and unto us, an officer in the lead vehicle shouted from his rolled-down window: “Scared you?!”

Yes, officer, you did. **

Arrests and harassment have helped the DPD reduce protest numbers. Because of favorable plea deals or inadequate legal representation, no one has yet had the chance to challenge the veracity of their charges, until now. Several cases, including Max Mendieta’s, are still pending. Max is also represented by David Lane. Hopefully the recognition of Patrick’s arrest being unwarranted will turn the tide.

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NOTES:
* PATRICK’S ARREST WAS SURREAL. Everyone was returning to their cars, putting signs into trunks etc, when the police SUV carrying riot cops on its sideboards made a slow pass. This was a development we began to notice at earlier events. Even though the officers in riot gear might not have had to show themselves during a march, they would emerge afterward on their SUVs to cruise by our vehicles, almost to a stop as if scanning our cars looking for suspicious occupants. We didn’t think much of it except this time they stopped and the entire gang lept off to seize one of our group, Max Mendieta, as he walked the few solitary steps to his car. Patrick started to film the whole incident, from when police forced Max to the ground until they hauled him into custody. We’d reconstituted into a small group of less than a dozen, activists eager to dissuade further arressts, but the riot cops elbowed past us to seize another, which Patrick filmed, and then they grabbed Patrick. Patrick asked what they were arresting him for, but the officers wouldn’t say, only that it would be listed on his arrest warrant.

Ironically their irreverant answer turned out to be incorrect. But first I want to tell you what happened when the police drove off. They left an officer behind. The SUV loaded with riot cops, minus one, stopped several car lengths away when someone noticed the error. Their sargeant had been left on the street, in his cumbersome riot gear, unable to fit in the ordinary cruisers, and barely able to catch up with the waiting SUV. I guess the SUV driver didn’t want to risk backing over his sargeant, so the fat man lumbered slowly back to his perch, his riot gear clinking with every plodding step, like a minuscule robocop, the crowd barely able to sustain its “nah-nah-nah-nah” chant for laughing so hard.

Perhaps as payback, the arrestees that night -there were four total- had to wait sixteen hours “for their fingerprints to clear.”

Back to Patrick’s undeclared charges. Due to what we could only construe to be a typo, Patrick’s citation read “database-error” where the offense was supposed to be. Patrick had to sit in jail for 16 hours, post bail, await arraignment, and seek a lawyer, knowing only that he was charged with database-error. When the magistrate asked if he pled guilty, Patrick said “To what? Database error?” “No.”

** YES THERE’S MORE TO THIS STORY TOO. After the DPD pulled their gag, the officers watched as we walked to the building under which we’d parked our vehicle. The hour having become late, we discovered the stairwell doors locked. We imagined the officers laughing as they saw us circle the office building testing every door. We soon realized that our only recourse was to descend the car ramp to the parking area, but we were afraid that the police would follow and corner us there, out of view of other late night passersby. Security cameras or no, we feared what two dozen or so cops could do to two pedestrians; what we know often happens to homeless indigents in back alleys and poorly lit spaces; what happens to African Americans in broad daylight while they scream “I Can’t Breathe!” So we waited until the police cars lost interest before we ventured down the ramp.

Not being able to count on even our own police to obey the law, knowing the brutality of which police are capable, and witnessing the capriciousness of police abuse of authority, is the terror that defines living in a police state.

Office of Colorado Springs N.A.A.C.P. bombed for some reason but whose?

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NAACP office in Colorado Springs
COLORADO SPRINGS, CO- Someone tried to firebomb the Springs office of the NAACP yesterday. A pipebomb failed to ignite a can of gasoline left leaning behind the building located in Hillside, the city’s traditionally African American community. The FBI claims to be interested in a white male with a beat up pickup truck. Across the state activists are alarmed at the subdued media response and lack of outrage. I’d like to explain why this bomb, a typical racist MO, has yet to resonate here.

Colorado Springs is a cesspool of racism and institutionalized Jim Crow, but as usual the drama is complicated and local minority leaders are hesitant to point the finger. As befits the Springs’ conservative nature, the local NAACP is headed by a card-carrying member of the TEA PARTY! You heard that right! For a decade this NAACP chapter has been estranged from its black community, mostly poor and neither elitist nor libertarian. Dr. James Tucker, publisher of the African American Voice, accuses this NAACP of complacency, malfeasance and worse. He claims they are under investigation so it’s hard to predict whose interests might be served by torching the office.

I’m certainly not suggesting that Colorado Springs bigots are not also too stupid to attack an ineffectual organization, but taking the high road means profiting from no accusation until the facts are in.

Outsiders may want to protest, but locals also don’t want to be mistaken for supporting this chapter, which has actively de-escalated calls for solidarity with Ferguson. Actually the national NAACP too deployed counter-insurgency tactics to calm the Ferguson rebellion.

Whether yesterday’s bombing was authentic or not, we don’t need to get to the bottom of it before repudiating the usual pattern of racist acts of domestic terrorism against colored institutions. Of course we must also protest that the corporate media looks the other way. But let’s not get distracted from figuring out that today’s N.A.A.C.P. has no Association with the Advancement of Colored People unless they’re bourgeois.