Okay then, self-congratulations to you for thirty years of justice and peace!

How about those journeyman activists throwing their social justice experience around like it’s inviolate because they’ve been at this longer than the whippersnappers trying to rock their slow boat to China. They know what works after thirty years of utter failure, and they’ll admit to not a single inkling that their nonconfrontational passivism has only accelerated injustice and war. By what aggrandized blindness to irony can they congratulate themselves for their contribution to justice and peace? I don’t care that they decorate themselves like the dumb soldiers above whom they hold themselves, but hear this: don’t you dare coopt the enthusiasm of your youngers, or obstruct their path because their fresh directions offend you.

WWII air veterans of Doolittle Raiders celebrate 71 years of bombing civilians

Doolittle nose-art
I read 30 Seconds Over Tokyo when I was still a war-playing kid, before I would understand the mischievous consequences of the Doolittle Raiders B-25 bombers deploying without their bombsights. This was to prevent US war-making advantages falling into enemy hands but it also precluded dropping bombs with accuracy. I’m pretty certain the account for young readers also didn’t explain why over a quarter of the squadron’s bombs were of the incidiary cluster variety. Readers today know what those are for. Doolittle claimed to be targeting military sites in Japan’s capitol, but “invariably” hit civilian areas including four schools and a hospital. Of the American fliers captured, three were tried and executed by the despicable “Japs”, who considered the straffing of civilians to be war crimes. After the war, the US judged the Japanese officers responsible, as if their verdict was a greater injustice against our aviators’ “honest errors”. Today we rationalize our systemic overshoot policy as “collateral damage”.

Every year since WWII, Doolittle’s commandos are feted for their milestone bombing mission. This Veterans Day is to be the last due to their advanced ages. But it is fitting, because isn’t it time Americans faced what we’re celebrating? There’s no denying it took suicidal daring, but the Doolittle Raid inaugurated what became a staple of US warfare, the wholesale terrorizing of civilians from on high, with impunity and indifference. To be fair, the American public has always been kept in the dark. American aircraft have fire-bombed civilians at every diplomatic opportunity since 1942, and a Private Manning sits in the brig for trying to give us a chance to object.

We now know that the Doolittle Raid didn’t turn the tide, nor shake Japanese resolve. It was a retalliation for the attack on Pearl Harbor, intended to boost US morale as if to say, America wasn’t defeated. Kinda like why and how we struck back at Afghanistan after 9/11, just as indiscriminately.

The “Mark Twain” ersatz bombsight
substitute bombsightThe Norden bombsight was a closely guarded US secret weapon. An airstrike without it would today be like lobotomizing so-called smart bombs, and deciding to opt for imprecision bombing. The official army record recounts that a subsitute sighting mechanism was improvised for the raid, dubbed the “Mark Twain” and judged to be effective enough. Now a bad joke. Indochina and Wikileaks-wisened, we know the mendacity of that assessment. The vehemently anti-imperialist, anti-racist Twain would not have been honored.

Twain satirized Western so-called Enlightenment thus: “good to fire villages with, upon occasion”.

Post-postwar hagiographies of the raid have suggested the improvised bombsight was better suited to low-altitude missions than the Norden model. That conclusion is easily dismissed because the device was used only for the Doolittle run and never after. The sight’s designer, mission aviator C. Ross Greening, offered a explanation for why he named the device after Mark Twain in his pothumously published memoir Not As Briefed. He didn’t.

The bombsight is named the “Mark Twain” in reference to the “lead line” depth finder used on the Mississippi River paddle wheelers in bygone days.

Because its design was so simple, we’re left to suppose. Greening’s bombsight was named for the same “mark” which Samuel Langhorne Clemens adopted as his celebrated pen name. I find it disingeneous to pretend to repurpose an archaic expression whose meaning was already eclipsed by the household name of America’s most outspoken anti-imperialist. Who would believe you named your dog “Napoleon” after a French pastry?

We are given another glimpse into Greening’s sense of humor by how he named his plane, the “Hari-Kari-er” ready to deal death by bomb-induced suicide. Greening’s B-25 is the one pictured above, with the angelic tart holding a bomb aloft. Greening’s plane was another that carried only incendiary ordnance.

Much was made of the sight’s two-piece aluminum construction, reportedly costing 20 cents at the time compared to the $10,000 Norden. This provided the jingoist homefront the smug satisfaction perhaps, combining a frugality born of the Depression with the American tradition of racism, that only pennies were expensed and or risked on Japanese lives.

War Crimes
Targeting civilians, taking insufficient care to avoid civilian casualties, using disproportunate force, acts of wanton retaliation, and the use of collective punishment are all prohibited by international convention. They are war crimes for which the US prosecutes adversaries but with which our own military refuses to abide. Americans make much of terrorism, yet remain blind to state terrorism. Doolittle’s historic raid, judged by the objective against which it is celebrated as a success, was an act of deliberate terrorism.

Forcing the Japanese to deploy more of their military assets to protect the mainland sounds like a legitimate strategy, except not by targeting civilians to illustrate the vulnerability, nor by terrorizing the population, one of Doolittle’s stated aims. He called it a “fear complex”.

It was hoped that the damage done would be both material and psychological. Material damage was to be the destruction of specific targets with ensuing confusion and retardation of production. The psychological results, it was hoped, would be the recalling of combat equipment from other theaters for home defense, the development of a fear complex in Japan, improved relationships with our Allies, and a favorable reaction in the American people.

There is no defending Japan’s imperialist expansion in the Pacific, and certainly not its own inhumanity. The Japanese treated fellow Asians with the same racist disregard with which we dispatched Filipinos. While Americans point in horror at how the Japanese retalliated against the Chinese population for the Doolittle Raid, we ignore that Doolittle purposely obscured from where our bombers were launched, leaving China’s coast as the only probably suspect.

To be fair, most of Doolittle’s team was kept in the dark about the mission until they were already deployed. I hardly want to detract from the courage they showed to undertake a project that seemed virtually suicidal. But how long should all of us remain in the dark about the true character of the Doolittle Raid?

Out of deference for the earlier generation of WWII veterans, those in leadership, certain intelligence secrets were kept until thirty years after the war. Unveiled, they paint a very different picture of what transpired. The fact that the US knew the German and Japanese codes from early on revealed an imbalance not previously admitted, as an example.

About the Doolittle Raid, much is already openly documented, if not widely known. The impetus for the raid was public knowledge, the evidence of its intent in full view.

BY DESIGN
In the aftermath of Pearl Harbor, American newspapers were already touting offers of cash rewards for whoever would be the first to strike back at Japan. President Roosevelt expressed a deliberate interest in hitting the Japanese mainland, in particular Tokyo, to retaliate for the Japanese strike against Pearl Harbor, never mind it had been a solely military target.

Plans were made to exploit the Japanese homeland’s vulnerability to fire, as ninety percent of urban structures were made of paper and wood. Writes historian William Bruce Jenson:

In his “confidential” meeting with reporters back in November, Marshall had declared that the US would have no cavil about burning Japan’s paper cities.

For the Doolittle Raid, a bombing strategy was developed to overwhelm the fire department of his target, the Shiba ward.

A former naval attache in Tokyo told Doolittle: “I know that Tokyp fire department very well. Seven big scattered fires would be too much for it to cope with.”

As lead plane, Doolittle’s role was to literally blaze the way. Fellow pilot Richard Joyce told Nebraska History Magazine in 1995:

The lead airplane, which was going to have Doolittle on board as the airplane commander, was going to be loaded with nothing but incendiaries -2.2­ pound thermite incendiaries- in clus­ters. They drop these big clusters and then the straps break and they spray, so they set a whole bunch of fires. He was to be the pathfinder and set a whole bunch of fires in Tokyo for pathfinding purposes.

Doolittle’s report outlined his objective more formally:

one plane was to take off ahead of the others, arrive over Tokyo at dusk and fire the most inflammable part of the city with incendiary bombs. This minimized the overall hazard and assured that the target would be lighted up for following airplanes.

Greening paints the most vivid picture, of burning the Japanese paper houses to light the way:

Doolittle planned to leave a couple of hours early, and in the dark set fire to Tokyo’s Shiba ward … the mission’s basic tactic had been that Doolittle would proceed alone and bomb a flammable section of Tokyo, creating a beacon in the night to help guide following planes to their targets.

Doolittle’s copilot Lt Richard Cole, told this to interviews in 1957:

Since we had a load of incendiaries, our target was the populated areas of the west and northwest parts of Tokyo.

After the bombers had left on their raid, and before news got back about whether or not they accomplished it, the Navy crew on the carrier USS Hornet already sang this song, which went in part:

Little did Hiro think that night
The skies above Tokyo would be alight
With the fires that Jimmy started in Tokyo’s dives
To guide to their targets the B-25s.
When all of a sudden from out of the skies
Came a basket of eggs for the little slant eyes

Incendiaries

Most of the bombers were loaded with three demolition bombs and an incendiary cluster bomb. Some of the planes carried only incendiaries. According to Doolittle’s official report of the raid, here were some of their stated objectives:

Plane no. 40-2270, piloted by Lt. Robert Gray:
thickly populated small factories district. … Fourth scattered incendiary over the correct area

Plane No. 40-2250, Lt. Richard Joyce:
Incendiary cluster dropped over thickly populated and dense industrial residential sector immediately inshore from primary target. (Shiba Ward)

“The third dem. bomb and the incendiary were dropped in the heavy industrial and residential section in the Shiba Ward 1/4 of a mile in shore from the bay and my tat.”

Aircraft 40-2303, Lt Harold Watson:
the congested industrial districts near the railroad station south of the Imperial Palace

AC 40-2283, David Jones:
the congested area Southeast of the Imperial Palace

Even though the planned night raid became a daytime mission, Doolittle did not alter his original role, intended to light the way for the following planes. His target remained the Shiba District of Tokyo. His own plane: “changed course to the southwest and incendiary-bombed highly inflammable section.”

Doolittle’s report included a description of the incendiary bombs:

The Chemical Warfare Service provided special 500 incendiary clusters each containing 128 incendiary bombs. These clusters were developed at the Edgewood Arsenal and test dropped by the Air Corps test group at Aberdeen. Several tests were carried on to assure their proper functioning and to determine the dropping angle and dispersion. Experimental work on and production of these clusters was carried on most efficiently.

As has become an aerial bombardment tradition, crews were let to inscribe messages on the bombs about to be dropped. Accounts made the most of these chestnuts: “You’ll get a BANG out of this.” And “I don’t want to set the world on fire –only Tokyo.”

These details, which reveal the intentions of the raid, were not made known to the public immediately. The Doolittle Raid was planned and executed in secret, with US government and military spokesmen denying knowledge of the operation even in its aftermath. The first word to reach the American public came from the New York Times, citing Japanese sources:

Enemy bombers appeared over Tokyo for the first time in the current war, inflicting damage on schools and hospitals. Invading planes failed to cause and damage on military establishments, although casualties in the schools and hospitals were as yet unknown. This inhuman attack on these cultural establishments and on residential districts is causing widespread indignation among the populace.

This report was dismissed as propaganda. When Japan declared its intention to charge the airman it had taken captive with war crimes, the US protestations redoubled. The accusations were belittled even as our own reports conceded to the possibilities.

Lieutenant Dawson’s Thirty Seconds Over Tokyo was the first published account of the raid. Printed less than a year after the event, wartime-sensitive details such as the phony guns made of broomstick handles poking out the back were left out. Targets were also not specified, but a candor remained, probably intended to be threatening. Lawson described the 500-pound incendiaries as “something like the old Russian Molotov Breadbasket”, and related US naval attache Jurika’s advice:

“If you can start seven good fires in Tokyo, they’ll never put them out,” Jurika promised us. … “I wouldn’t worry too much about setting fires in flimsy-looking sections of Tokyo,” he said. “The Japanese have done an amazing job of spreading out some of their industries, instead of concentrating them in large buildings. There’s probably a small machine shop under half of these fragile-looking roofs.”

“Flimsy” became Lawson’s keyword for the residential areas. Here Lawson described dropping his third and fourth bombs, when he saw their corresponding red light indicators:

The third red light flickered, and, since we were now over a flimsy area in the southern part of the city, the fourth light blinked. That was the incendiary, which I knew would separate as soon as it hit the wind and that dozens of small fire bombs would molt from it.

I was satisfied about the steel-smelter and hoped the other bombs had done as well. There was no way of telling, but I was positive that Tokyo could have been damaged that day with a rock.

Our actual bombing operation, from the time the first one went until the dive, consumed not more than thirty seconds.

Thus: Chance of hitting civilian homes: 50/50.
Charges of Excessive Force could be expected, because
blame the victim for being weaker than: a rock.
Care taken to avoid innocent casualties: 30 seconds.

In a later afterword, Lawson blamed Tokyo for having insufficient bomb shelters.

After the war, US occupation forces recovered Japanese records which documented the losses attributed to the Doolittle Raid: fifty dead, 252 wounded, ninety buildings. Besides military or strategic targets, that number included nine electric power buildings, a garment factory, a food storage warehouse, a gas company, two misc factories, six wards of Nagoya 2nd Temporary Army Hospital, six elementary or secondary schools, and “innumerable nonmilitary residences”.

Strafing
Japan accused the fliers of indescriminate strafing civilians. The US countered that defending fighters were responsible for stray bullets when their gunfire missed the bombers. That’s very likely, except the raiders were candid about their strafing too. Lawson:

I nosed down a railroad track on the outskirts of the city and passed a locomotive close enough to see the surprised face of the engineer. As I went by I could have kicked myself for not giving the locomotive’s boiler a burst of our forward 30-calibre guns, then I remembered that we might have better use for the ammunition.

A big yacht loomed up ahead of us and, figuring it must be armed, I told Thatcher to give it a burst. We went over it, lifted our nose to put the tail down and Thatcher sprayed its deck with our 50-calibre stingers.

Greening’s account of firing on a sailor, raises the moral ambiguity of air warfare with which few airmen grapple. By virtue that technology allows it, combatants become slave to a predetermined outcome:

When we attacked the next patrol boat, a Japanese sailor threw his hands up as if to surrender. I guess he expected us to stop and take him prisoner. We shot him and left this boat smoking too.

The Medals
Friendship Medals exchanged between Japan and the US found themselves requisitioned for Doolittle’s Raid:

Several years prior to the war, medals of friendship and good relationship were awarded to several people of the United States by the Japanese government.  In substance these medals were symbolic of the friendship and cooperation between the nations and were to represent the duration of this attitude.  It was decided by the Secretary of the Navy, Mr. Frank Knox, that the time was appropriate to have these medals returned.  They had been awarded to Mr. Daniel J. Quigley, Mr. John D. Laurey, Mr. H. Vormstein and Lt. Stephen Jurkis.

After arrangements had been made and the medals secured, a ceremony was held on the deck of the Hornet during which the medals were wired to a 500 lb. bomb to be carried by Lt. Ted Lawson and returned to the Japanese government in an appropriate fashion.

Lawson’s plane no 40-2261 dropped that bomb on an “industrial section of Tokyo” omitting to mention that Japan’s industry was still a post-feudal cottage industry.

“The medals were subsequently delivered in small pieces to their donors in Tokyo by Lt. Ted Lawson at about noon, Saturday, April 18, 1942.”

–Mitscher, M.A. Letter Report to Commander Pacific Fleet.

“Through the courtesy of the War Department your Japanese medal and similar medals, turned in for shipment, were returned to His Royal Highness, The Emperor of Japan on April 18, 1942.”

–Knox, F. Letter Report to Mr. H. Vormstein

14 yr-old Philip Chism, black, charged as adult because Trayvon Martin

George Zimmerman’s MO has nothing on the US justice system. High school freshman Philip Chism is accused of murdering Boston teacher Colleen Ritzer. Though he’s only 14, Chism is being arraigned as an adult. The media is playing it down but Philip Chism is black. You’d think somewhere in America, district attorneys want to prosecute an African American juvenile AS A juvenile because, you know, Obama and shit. Neatly bookending this story today, white felon and Kennedy kin Michael Skakel, has been granted a retrial. Skakel was 39 when the law finally caught up with him, but Skakel was TRIED AS A JUVENILE (AT 39) because he was 15 when the murder was committed. In a further flaunting of priviledge, the judge granted Skakel a retrail because the judge decided his original defense must have been inadequate. That should set quite a precedent for anyone who’s been failed by a public defender, which would be EVERYBODY! But probably this precedent will only apply to everybody who’s white, and a Kennedy.
 
Grace is only afforded to juveniles who are white, consistent with Western disregard for the children of the Global South whose adult worklife begins even before puberty.

“In the footsteps of Martin Luther King”, as if he’d lead a meaningless ask-for-nothing commemoration

Another million pawn march, to nowhere, commemorating the corporate brand of “MLK” sterilized of instructional efficacy, sanitized of King’s ultimate demands: jobs, economic justice, peace. This weekend’s 50th anniversary of the dream speech was the usual reminder that professional organizers abound who will gladly wear out would-be activists until they have no energy for real demonstrations. Of course there’s “work that remains to achieve King’s Dream”, who knows that better than the assholes waylaying it, then every year genuflecting before their sainted fictional MLK.

Florida open season on black teenagers

George Zimmerman has been found NOT GUILTY of chasing and shooting dead a black teenager for being a “fucking punk”. Now what? George W. Bush got away with murder, he and Zimmerman are peas in the same simian-eyed pod. Yes a Mack Truck might have been as good as a guilty verdict against lynch mob of one Zimmerman, but that was yesterday. Today the system is broken. Will “Justice For Trayvon Martin” be served by calling for Zimmerman’s blood? For the jurors’? Our society is racist, the justice system corrupt. To root out injustice, let’s start with those who exploited the Zimmerman pony show, distracting the public from concurrent Supreme Court malfeasance and the kangaroo court assassinating Bradley Manning. If Manning is declared guilty, we’ve no use for any authority. But let’s ask, what public outcry could go beyond the reaction that is clearly expected and as such, orchestrated?

Our collective lockdown mentality, lest a siren call lure us to freedom

LOCKDOWN. The term has become ubiquitous, though lifted easily out of context, being self-explanatory. Its predecessor “batten down the hatches” used to be too. Before the advent of recreational sailing it came from a work environment synonymous with incarceration, in the days of debtors prison for penury, before which were slave galleys. As an idiom, batten the hatches still means to fasten things down, brace for difficult weather. “Lockdown” was used this week to describe the city of Boston, as its neighborhood of Watertown was swarmed by militarized police, the residents commanded to “shelter in place”, officers barking at them to stay in your houses, under penalty of being shot, by accident we like to suppose, for their own safety is the implication, or be arrested for obstructing justice. We’ve come to know what lock-down means. It’s a prison term for everyone stuck in their cell, until further notice, sometimes indefinitely. Colorado’s Supermax prison operates in a permanent state of lock-down. Of course in this age of school shootings –another self-defining expression, like “going postal”– lock-downs have become an educational tradition, and isn’t likening schools to prisons forcing an interesting slip into Freudian reality?

Students have always inferred they were inmates. Without looking it up, I’m now certain the expression “matriculation” was abandoned for its unfortunate implication of being compulsory. Before the middle class, vocational training was worse than mandatory, it was an inevitability. If of course a luxury –how far we’ve come. But our labor saving inventions weren’t meant to save our labor, that profit went to the hoarders of what we produced: produce, became grain, now money. With the means of production owned by the land owner, the rest of us are laborers once again. Underemployed, idled, in the lull of post industrialism, we’re put into lockdown.

And we accept it. Now we’re speaking of building walls to control immigration which means a macro lockdown. We’re prisoners of nation states and we’re breeding children in captivity who can never live Born Free outside zoos.

Boston accepted its lockdown. The media is reporting Bostonians are now catching their breath as if the restriction was some collective girdle. How long would the lockdown have seemed justified? I was rather hoping if the lockdown had extended, that Occupy Boston would have rallied to march on Watertown, to reject the premise that a manhunt for a solitary teen of dubious menace would justify unqualified home invasions without search warrants. I’m rather confident, had Watertown been a submunicipality of Denver, that the infamous cop-baiters of Occupy Denver would have flown their colors in the officers’ faces.

The police were hunting a fugitive teen accused of planting a crude bomb at the Boston Marathon. He’d fled a firefight with police after a car chase said to have involved pipe bombs and grenades, but whose? The suspect was armed and dangerous, but was he? The police also warned that he’d be booby-trapping the neighborhood. They searched houses not just to locate the fugitive, but to check that he hadn’t rigged unsuspecting houses. When he was finally caught there was no mention of his being armed. Perhaps that’s why they couldn’t immolate him like the usual felon, because his hiding place was fiberglass and the imaging devices gave away the fact that he was absolutely defenseless. What may have saved Dzhokhar Tsarnaev was perhaps less the virtual Cop Watch of oversight on police scanners broadcast over the internet, but that the young man sought refuge in a boat.

You might quarrel with my nautical analogy, there are perhaps less archaic idioms than “batten down the hatches”, but specifically it means to seal the hull, batten in this case being a verb referring to a tool for reefing the sail, and see, none of this translates anymore. As we lose the middle class, we lose our sailing terms, just as the working class has lost its fisheries. Hatch is still relevant to aircraft and spaceships, which the common urchin might still know virtually, but for how long prison ship Spaceship Earth?

Odysseus had his men lash (See?) him to the mast so he could resist the Sirens’ call that lured sailors to their doom. Literally battening him in lockdown, because beyond here lie dragons, sea monster mermaids who would waylay the course of Western Civilization, which now seems the better idea.

Private security protects authorities from public, also from public justice

“Former Pakistani military ruler Pervez Musharraf and his security team pushed past policemen and sped away from a court in the country’s capital on Thursday to avoid arrest after his bail was revoked in a case in which he is accused of treason.” Obviously that’s what a private security team is for. Dethroned Egyptian despot Mubarak proved it takes only a presidential physician to divert an accused mass murderer to a hospital instead of jail. Could such private Praetorian guards be protecting America’s criminal political class from federal law enforcement? We don’t know because we have yet to charge any of them.

Another criminal sociopath evades the hangman. Maggie Thatcher goes to hell


Was Margaret Thatcher religious? We might take solace that her final breaths were complicated by abject horror of the fate she knew awaited her. She might have been iron willed and resolute, are we going to pretend she was clueless? But justice delayed is justice denied. Thatcher’s karma is pie in the sky, while her destructive legacy was concrete as the sarcophagus that will protect her.

Ordinary Britons are jubilant and now officials and talking heads are admonishing celebrants to respect her deadness. — Did we learn nothing from Reagan’s funeral? We eulogized the senile man, and the unintelligencia used our lapse to lionize the cretin! Are we now going show the same clueless deference to Margaret Thatcher and add to the false history supporting her enduring world dynasty of greedy-bastards?! Thatcher was a wicked sociopath and those who praise her expose their ignorance or lack of conscience.

My takeaway from the spontaneous celebrations of Margaret Thatcher’s death is that we’ve got to hold good-riddance parties BEFORE these mofos pass on! On a related note, what pretext does President Obama have for attending the inauguration of George Dubya’s presidential library if he isn’t bringing handcuffs? The World Court should arrest the lot at Thatcher’s funeral.

Empire says behave or the next Bradley Manning or Hugo Chavez will be you

Indefinite detention, solitary confinement, torture, and assassination are tools America does not hesitate to use to enforce its feudal corporate agenda. That the US didn’t dispatch Bolivarian hero Hugo Chavez like they did Yasser Arafat is belied by their protestation that such accusations would be far fetched. Wikileaks has already documented ceaseless US plots to eradicate Chavez, second only perhaps to their attempts on the life of Fidel Castro, whose last years bear a resemblance to what befell Chavez. It’s a testament to the magnanimity of both leaders that they didn’t immediately finger US dirty deeds. Because proved or not, it’s dispiriting and serves empire’s purpose that dissenters should take heed: you can spend the foreseeable future tortured behind bars, gunned down by a mob, under house arrest in London, incinerated via drone or LAPD’s “burner”, or tagged with carcinogens. The long arm of Western injustice gets their man.

Do you care about two white people in post colonial South Africa? Me either

Could this ugly crime matter less? Except that the media is exploiting the story to deny domestic violence (The Blade Runner couldn’t have meant to kill his model girlfriend, she was so beautiful). And except now that it looks like the Oscar Pistorius case is taking a JonBenet Ramsey turn. A celebrity shoots his girlfriend through a locked bathroom door, and suddenly detectives are reported to be botching the case, misidentifying evidence and contaminating the crime scene. This is big league defense where the moneyed class walks even as one of their own dies, justice usually failing a woman. Why should a crime of passion ruin a second affluent life?

Rogue vigilante Chris Dorner burned at the stake by angry hooded white men

Tuning in to developments with fugitive cop-killer Chris Dorner in Big Bear on Tuesday, I half expected a televised denouement like Fahrenheit 451, where impatient viewers were given a contrived final scene, fitting the short arc of the average attention span for corporate media fodder. As I recall, that renegade fireman watched his pursuers stage his capture/demise, because authorities favored truncating a felon-on-the-lam narrative lest it generate a deviant hopeful following; it didn’t matter if the criminal really escaped. Could Ray Bradbury have envisioned the expectations which reality TV has created to satiate real blood lust?

No doubt Bradbury foresaw the ferocity with which a vengeful police state would immolate their one-man insurgent, with a compliant media averting their cameras so American viewers didn’t witness another Waco.

Americans should be attuned to these out of sight infernos, all our wars for example. Except that we know Dorner was set aflame with an paramilitary incendiary device dubbed “the burner”, this is what our extrajudicial executions look like via drones. Only last week news junkies were treated to the legal argument which the USG made to justify killing untried suspects, even US citizens. A if international law differentiated among infidels. One man’s infidel may be another’s exemplar, but he’s every government’s infidel.

So Chris Dorner had snapped. His manifesto, rambling only as much as those were his parting words, Dorner a Falling Down avenger who knew there would be no Hollywood ending. But Dorner had bought into the Rambo Army-of-One mythology. No disrespect intended toward Dorner’s feat, but elite military training proved more of a dud than a fighting machine, did it? What a laugh that American forces deign to train Afghan recruits. Any one mujahideen is likely the equivalent of a high-capacity magazine clip of US special forces in their underwear. But it’s likely authorities will never reveal Dorner’s actual superhuman achievement. He knew what he was up against, and now so do we. The crooked police machine has proven to be worse than Dorner’s complaints. Perhaps that was meant to be the audience takeaway. We didn’t get to see Chris Dorner burn at the stake, but we sure as hell felt the heat.

NPR: women berserkers, oil whores, Goebbels Surge, presidential DNA

I accidentally listened to NPR today, what an earful of crap! No wonder Americans are so uninformed, none more than self-identifying progressives, waylaid by Corporate Public shysters. Here’s what I overheard:
 
The Defense Department is running short on recruits so they need to draft women into combat roles. Leon Panetta has righted a constitutional injustice apparently and will deploy women into battle. Because women want equality to torture, join kill squads, shoot children, get PTSD, join ranks of homeless or commit suicide. Greatest gender advance since Virginia Slims.
 
NPR interviewed oil workers who shrug off risk like Algerian massacre and speak fondly of their rape of Africa. According to them it’s “all about the Benjamins” to pay cash for sports cars and ATVs, and international travel for access to “cheap women”. Funny, the interviewees declined to reveal their full names. The energy industry promises jobs, but decent people need not apply.
 
General “All Up In My Snatch” Petraeus is being credited with inventing a counterinsurgency tactic called “the Surge”. Yeah, we’ve heard of it. Formally just a word, the “tactic” is not military, but public relations, attributable to Joseph Goebbels, to minimize an escalation or troop buildup by pretending it’s temporary.
 
The Benghazi Kerfuffle, now a DC sideshow instead of the foreign relations comeuppance where US intervention operatives in Libya got their just-desserts, is being amplified to be a vehicle to kick off Hillary Clinton’s 2016 campaign. The ex Secretary of State was praised for her gravitas and standing, leading MSNBC to suggest that “diplomacy is in her DNA”. Spouses share DNA? Are talking heads confusing DNA with VD?

berserker

Gun Control for weapons makers not users, for war mongers not hillbillies

I’m really not big on this call for gun control, mostly because it means to further restrict individual liberties, and especially because the outcry is a media induced hysteria of disreputable provenance, aimed at America’s violence junkies instead of its dealers. Really? Is Going Postal the result of a citizenry not having laws enough to control itself? US prisons reflect a conflicting diagnosis.

In tragic synchronicity with the Sandy Hook school shooting which prompted US public calls for gun control, a knife-wielding madman in China assailed twenty schoolchildren with no resulting fatalities, giving rise to perhaps the first time the non-Mongol West has ever thought it glimpsed greener pastures over the Great Wall.

My takeaway from Bowling for Columbine was not “Gun Control Now!” but the toxic volatility of America’s culture of fear-of-violence-mongering and its gun-ho idolatry. Michael Moore called for a stepping up to our responsibilities, not a surrender to dumbassedness. I hold our national arrested adolescence to be a character flaw of pioneer, frontier provincialism, an adaptation of the civilian contractor settlers conscripted for the Westward Expansion, shock troops of the Enlightenment which became the onslaught of industrial capitalism.

Americans are hicks –we celebrate it– who define our personal space with armed borders. For us it’s bombs not education, simplistic fraternal evangelism over scientific sibling-hood, our pretended easy camaraderie really armed detente: trust but verify. Because of course, American frontierism, yet unable to see itself as invasive, from Columbus to Manila Bay, has been imperial for as long as “Yankee” has been a pejorative; Americans blissfully, Disneyfically unaware.

America’s gun problem isn’t just domestic, it’s export. For gun control I’d like to see a ban on production, not consumption. Unlike drugs whose source is organic, the manufacture of weapons is a centralized racket, easily constricted and regulated. The “Gun Show Loophole” is a stop gap for small fry; let’s muzzle the beast itself. And if you think reining in the weapons industry is improbably Herculean, why-ever do you think now is the time for Hercules to dispense with his Second Amendment protection?

Just because the Right to Bear Arms has come to exclude bazookas or drones, doesn’t mean its intent was not to protect our democracy from authoritarianism. If anyone had construed the Second Amendment as a mere hunting license, Theodore Roosevelt’s national parks would have been seen as encroachments on our revolution-conferred sovereign’s right to poach.

Are Americans thinking that democracy is lost because we can’t have bazookas — that the Second Amendment is inapplicable because the high courts adjudge the masses incapable of self-governance? The “well regulated militia” has surely gone the way of the Home Guard or Neighborhood Watch Committee, as our civic nature moved from social to anti, but it doesn’t diminish the need to have minute-men insurgents to counter would-be tyrants. Obviously we’re not talking about Minute Men privateers to whom police departments can outsource xenophobic vigilantism. If Occupy Wall Street proved anything, it lifted the fog on America’s militarized police state. Public gun ownership may be the only incentive law enforcement has to knock before entering American households.

Can you doubt it’s going to take armed resistance to overthrow Mammon? The world is teetering on uprising and already we’re seeing a stalemate on the streets, between unarmed protester and paramilitary police, a draw which upholds the power imbalance between cries for justice versus patronizing injustice. Is leading by nonviolent example going to overcome the sociopaths squeezing their underlings for blood? I’m not saying that hopes for a nonviolent transformation are misplaced, but these disciples of revolutionary pacifism espouse the same religious dogma that always shackled, never delivered, common man. Factoring sociopaths into the norm of “human nature” has been forever holding back aspirations for a harmonious social construct.

Going Postal in China is demonstrably less fatal, owing to China’s mentally imbalanced having resource only to knives. How utopian to imagine a disarmed populace, those greener pastures being a hellhole of forced interned labor. As an open air prison environmental death camp, Gaza’s got nothing on China.

Obama cried because the Connecticut schoolchildren were not Pakistani. Is that statement untrue?

Lucky to be an American BabySo, no, the twenty schoolchildren killed at the Sandy Hook Elementary School in Newtown Connecticut were not Pakistani. That’s apparently what everyone is so upset about. I’m rather embarrassed how distraught Americans are about the Connecticut school shooting, considering equivalent child-massacres happen daily in Pakistan, victims of US drones, to no public outcry. In Pakistan, Yemen, Somalia, and all the far reaches of our multinational corporate empire, child killing is public policy, far from being a subject of public anguish.

Now I’m besieged with invitations to join local and statewide protests to “end gun violence.” I say YES, so long as I can ALSO commemorate the thousands of children killed by US drones and US troops. “Don’t politicize this tragedy” is the indignant objection. Classic.

Might there be a value to hopping aboard this bandwagon opportunity to call for gun control and mental-healthcare reform? Maybe by showing solidarity with this profound revulsion to our cultural violence, a social justice movement can broaden a reciprocal sense of solidarity for the larger pool of its victims? I doubt it. Showing antiwar support for veterans of war, for example, hasn’t yet tempered anyone’s senseless enthusiasm for militarism or blind patriotism, or I’ve yet to see it.

A disclaimer: my apparent insensitive is helped by the fact that I don’t watch television. I’m guessing the media are really cooking this tragedy to an unrelenting boil. Probably my lack of exposure has rendered me unfathomably incapable of addressing the subject with sufficient tact. I’ve no idea the orchestrated catharsis indulged upon the viewers over dead American children. My profound condolences to the parents, but curses upon the media for exploiting the event to condemn lone crazies and not to curb the culture of violence which breeds them.

Frank Lloyd Wright said television was chewing gum for the eyes. Turn it off. You’ll quickly see what an emotional maelstrom they’ve made of the Sandy Hook shootings. Imagine if they created that kind of drama about war’s atrocity. We’d have viewers clamoring to end war. This might give you some idea about why the ongoing Sandy Hook fallout leaves such a bad taste.

My advice to nearly all Americans parents upset about the Sandy Hook Elementary School shooting: get a hold of yourselves. These weren’t your children. Your schools and schoolchildren are many leagues out of harm’s way. Connecticut may as well be Pakistan for all you care.

Gary McKinnon escapes US torturers, by staying outside US borders

US efforts to extradite Wikileaks publisher Julian Assange and UK hacker Gary McKinnon, the latter thwarted today by UK courts, point to a puzzling question. Should it matter where accused are charged or tried if the US is looking for justice? The activities of both men are essentially curtailed by house arrest, so why is a timetable frustrated? Probably what the US can only achieve by extradition, where the public eye prevents CIA rendition, is INDEFINITE DETENTION. In American hands, that also includes psychologist-crafted “we don’t torture” torture. In effect, the Department of Justice has defined being within US borders as differential enough in the correctional scheme of things. House arrest in the UK is not a sufficient deterrent to would-be leakers and hackers apparently, US declared adversaries must be remanded to where the Empire already has its dissidents contained, in the custody of US borders.

Student power triumphs in Quebec

Naomi Klein quote
Canadian students took the streets to oppose tuition increases. They confronted police and braved violent repression day and night until their demands were meet. What do proponents of traditional non-confrontational social-justice tactics have to teach new activists? Fuck-all. Fuck them and the nonviolence riding-horse they rode in on.

Opposition forces kill US Ambassador Chris Stevens, America In Libya’s No. 1

Maybe it could have happened to a more deserving operative, but that’s splitting hairs. Obviously we can’t call the late ambassador Chris Stevens the “mastermind” of the US covert destabilization of Libya. However, he was Our Man in Benghazi, essentially the NO. 1 in charge of the state-terrorist cell poised to exploit the rolling “Arab Spring” for the forces of capitalist neo-democracy, let’s call it AMERICA IN LIBYA. Stevens organized and armed the US-sponsored rebels who exploited the pan-Arab protests to foment unrest, then civil war, then NATO intervention, against the West’s nemesis Muammar Gaddafi. Remember how Gaddafi was unceremoniously deposed? Captured, tormented, then shot most likely by a CIA-contracted assassin? Where was the humanitarian outcry against that sanctioned barbarity?
 
How undignified of Westerners to decry the killing of Ambassador Stevens, legally, in the field of battle, by opposition fighters in Libya, on this rare occasion when they got their man. Actually four: the ambassador, a military attache, and two Americans whose identities the USG won’t reveal, I’m thinking mercenaries. The USG is speculating that the rocket attack was planned, and by none other than al-Qaeda, because it’s unlikely the Libyans who stormed the US consulate in Benghazi brought impromptu grenade launchers. Funny, Gaddafi had the same nagging complaint about his supposed “protesters.”
 
Everyone is condemning this killing, even President Obama vows to exact “justice”. But by his own definition, this was justice meted by Libyans, perhaps even some of the allies we’d mobilized to remove Gaddafi. Whereas Obama’s “justice” means retaliatory air strikes and death squads against unnamed, unproven adversaries, immolating their homes, families and friends.

Lance Armstrong setback for Team America, retroactive, so totally unfair


You can see why Lance Armstrong fans are upset. Even President Obama is satisfied not to look back, why should the sports-doping authority? Lance Armstrong beat their drug tests fair and square, what right have they to retest his blood and urine samples, based on the probable cause of mounting witness testimonies, and now that superior tests can detect his workarounds? IF Team America ever cheated, it was fair and square. All our ducks in a row. If US proof of Saddam Hussein’s Weapons of Mass Destruction turned out to be fabricated, it was fabricated to the standards required by veracity tests of the time. No fair revisiting spilt lives. If Barack Obama took the USADA’s lead, he could rid American politics of all the Neocon cheats who still dominate the airwaves today. If Obama wanted to get lying, cheating, or taking unfair advantage out of the system. But breaking the rules, international law for example, the disproportionate use of force being a cherished national specialty, is the American Way.

Julian Assange and Bradley Manning put lie to Western pretense of freedom and rule of law


The UK wouldn’t extradite Pinochet, but they’re threatening to storm the Ecuadorian embassy in London to see that Wikileaks impresario Julian Assange is extradited to Sweden where a prosecutor wants to decide whether to charge him for sexual violations, more likely so that the Australian can then be rendered to the US to be imprisoned like Bradley Manning and face the death penalty for espionage. The US denies this intention, though it voted against Ecuador’s allies to hold a meeting about the continuing US-UK assault on journalism and whistleblowers. Can the Western empire let Assange and Manning escape severe reprimand? The two are only the mastermind and the alleged-source who’ve ignited the global uprising behind the anti- austerity movements, Arab Spring, and Occupy. President Obama cannot leave either off the hook without encouraging a deluge of more insider defections. Bradley Manning is already under torture in military custody, but Assange continues to evade US clutches. Should he escape to asylum in Ecuador where Obama’s exterminator drones can deal “American Justice”? The US has yet to condemn a white man to targeted assassination, but in the Global South, in darker-skinned populations, who will know? I favor Ecuador expanding its embassy to more than the first floor office, to offer Wikileaks an entire center of operations for as long as Julian Assange is confined under virtual house arrest. In Assange’s speech from the embassy balcony he repeated three times: “Bradley Manning must be released.” Journalists must be free to expose the crimes of the rich. Citing prison sentences for a Bahrain dissident and Russia’s Pussy Riot, Assange concluded: “There is unity in the oppression. There must be absolute unity and determination in the response.”

Here’s the full text of Assange’s statement:

“I am here today because I cannot be there with you today. But thank you for coming. Thank you for your resolve and your generosity of spirit.

“On Wednesday night, after a threat was sent to this embassy and the police descended on this building, you came out in the middle of the night to watch over it and you brought the world’s eyes with you.

“Inside this embassy, after dark, I could hear teams of police swarming up into the building through its internal fire escape. But I knew there would be witnesses. And that is because of you.

“If the UK did not throw away the Vienna conventions the other night, it is because the world was watching. And the world was watching because you were watching.

“So, the next time somebody tells you that it is pointless to defend those rights that we hold dear, remind them of your vigil in the dark before the Embassy of Ecuador.

“Remind them how, in the morning, the sun came up on a different world and a courageous Latin America nation took a stand for justice.

And so, to those brave people. I thank President Correa for the courage he has shown in considering and in granting me political asylum.

“And I also thank the government, and in particular Foreign Minister Ricardo Patino, who upheld the Ecuadorian constitution and its notion of universal rights in their consideration of my asylum. And to the Ecuadorian people for supporting and defending this constitution.

“And I also have a debt of gratitude to the staff of this embassy, whose families live in London and who have shown me the hospitality and kindness despite the threats we all received.

“This Friday, there will be an emergency meeting of the foreign ministers of Latin America in Washington DC to address this very situation.

“And so, I am grateful to those people and governments of Argentina, Bolivia, Brazil, Chile, Columbia, El Salvador, Honduras, Mexico, Nicaragua, Argentina, Peru, Venezuela, and to all other Latin American countries who have come out to defend the right to asylum.

“And to the people of the United States, United Kingdom, Sweden and Australia who have supported me in strength, even when their governments have not. And to those wiser heads in government who are still fighting for justice. Your day will come.

“To the staff, supporters and sources of Wikileaks, whose courage and commitment and loyalty has seen no equal.

“To my family and to my children who have been denied their father. Forgive me, we will be reunited soon.

“As Wikileaks stands under threat, so does the freedom of expression and the health of all our societies. We must use this moment to articulate the choice that is before the government of the United States of America.

“Will it return to and reaffirm the values, the revolutionary values it was founded on, or will it lurch off the precipice dragging us all into a dangerous and oppressive world, in which journalists fall silent under the fear of prosecution and citizens must whisper in the dark?

“I say it must turn back. I ask President Obama to do the right thing. The United States must renounce its witch-hunts against Wikileaks. The United States must dissolve its FBI investigation.

“The United States must vow that it will not seek to prosecute our staff or our supporters. The United States must pledge before the world that it will not pursue journalists for shining a light on the secret crimes of the powerful.

“There must be no more foolish talk about prosecuting any media organisation; be it Wikileaks, or be it the New York Times.

“The US administration’s war on whistleblowers must end.

“Thomas Drake, William Binney and John Kirakou and the other heroic whistleblowers must – they must – be pardoned or compensated for the hardships they have endured as servants of the public record.

“And to the Army Private who remains in a military prison in Fort Leavenworth, Kansas, who was found by the United Nations to have endured months of torturous detention in Quantico, Virginia and who has yet – after two years in prison – to see a trial: he must be released.

“Bradley Manning must be released.

“And if Bradley Manning did as he is accused, he is a hero and an example to us all and one of the world’s foremost political prisoners.

“Bradley Manning must be released.

“On Wednesday, Bradley Manning spent his 815th day of detention without trial. The legal maximum is 120 days.

“On Thursday, my friend Nabeel Rajab, President of the Bahrain Human Rights Centre, was sentenced to three years in prison for a tweet. On Friday, a Russian band were sentenced to two years in jail for a political performance.

“There is unity in the oppression. There must be absolute unity and determination in the response.

“Thank you.”

Colo. Springs content to see Obama, skip chance to put a message TO him


COLORADO SPRINGS, Colo.– It’s so dispiriting to witness the perpetual truancy of the local social justice community. They can attend prayer meeting circle jerks apparently, but when President Obomber comes to town, on the anniversary of the targeted assassination of the City of Nagasaki via atom bomb no less, August 9, those finks are nowhere. We saw teabags, potheads and Paultards with more spirit. You might be satisfied to hear that none of the other sign-bearers divined the motorcade route, but with patience we were able to see and be seen by the president twice, as he left Cutler Hall for the Olympic Training Center and on his return to Peterson AFB via Uintah to I-25. We would have welcomed antiwar colleagues, but what are you going to do? I guess advocating for military intervention in Darfur, Libya and Syria occupies a pacifist dupe full time, not to mention cheerleading for the Army’s “sustainability” PR. And you can’t speak up for immigrants, prisoners, women, gays, the environment, the poor and oppressed, if you’re sucking on Obama supporters’ toes for the duration of the election season. Some of the democrats exiting the campaign stop thanked us for our message. One asked: “Are you with the Justice and Peace?” Sadly, no, we said. They don’t turn up in public anymore. You might ask them about that, I recommended. I write this after the next day’s anti-activist trial, also a no-show by the excuse-making louts.

Steve Bass found guilty of camping not occupying, but could jury have ruled otherwise without hearing his defense?


COLORADO SPRINGS, Colo.– You may have underestimated the importance of today’s Camping Ban trial. The local media, social justice community and rights watchdogs missed it. But judging from the police force on hand and the elaborate lock-downs placed on the jury pools, it was evident the City of Colorado Springs thought a lot was at stake. I’ve written already about the draconian motions to prevent defendant Steve Bass from explaining his motives, including a ban of the word “Occupy.” Today the court made audience members remove their “Occupy Colorado Springs” t-shirts, but let the cat out of the bag by the palpable gravitas with which the court officials and police handled jury selection. Except for the absence of TV crews outside, you’d have thought Steve Bass was Hannibal Lector tripped up by an urban camping ordinance at “what happened last year in October at a park downtown.”

Yeah, even mention of “Acacia Park” was giving away too much, the prosecuting attorney preferred to call it “115 W. Platte Ave.” Every so often a prospective juror would stand up and say “I presume you’re referring to OCCUPY WALL STREET?” like he was solving a riddle, but instead of the door prize that volunteer would be dismissed from the pool for knowing too much.

After a trial that lasted one third the length of the jury selection, Steve Bass was found guilty. He offered no testimony, his lawyer, the very capable Patty Perelo, made no closing statement, because what defense could be made? Steve and his council elected not to have him testify, because to begin with, he’d have to swear to tell the whole truth, and if he explained he could only tell part of the truth, he’d be slapped with Contempt of Court.

We thought the jurors might have been curious, after seeing the city’s 8×10 glossy pictures with the circles and arrows telling what each one was and hearing not a peep from Bass, but they didn’t express it, and left after giving their verdict. This is Colorado Springs.

One of the prosecution’s witnesses, the arresting officer, nearly spilled the beans when he identified the defendant as someone he couldn’t have confused for someone else, because he’d said he’d encountered Bass many times in the park and shared many conversations.

“Oh?” the defense attorney Perelo perked her ears and asked, “and WHAT did you talk about?”

“Um… homeless policy, mostly.” That’s all HE could say. He couldn’t explain why he’d encountered the defendant so many times, or what the defendant was doing. Attorney Perelo couldn’t push it, because that would be leading him into forbidden territory. His testimony for the prosecutor was delivered straight from his notes.

There were two police witnesses, a map and several photographs, showing the tent and another showing just the poles. Was this necessary for a conviction? Because it necessitated explaining to the jury that said poles were in their “unerected state”. Not to be confused with the tent which was “fully erected”, which the judge pronounced like expressions which tripped off the tongue in cases of serious crime.

A photo of two sleeping bags required the officer to say he found the defendant sleeping “in the bags in the tent in the park” to prove all the elements of a violation of the camping ban.

The prosecuting attorney summarized it thus: “there was a tent, there was a sleeping bag, looks like camping to me.”

Not according to a dictionary definition of course. But that too had been motioned inadmissible. If you look it up, camping is variously defined as to “Live for a time in a camp, tent, or camper, as when on vacation.” Or as when destitute? Dictionaries don’t go there. That’s more like sheltering.

A couple of other examples: Soldiers sleep in tents. They’re not camping. Mountaineers overnighting on the side of a mountain aren’t camping. Refugees of war and natural disasters stay in refuge camps, but aren’t said to be camping. Anyway.

Steve Bass didn’t get his day in court. Everything he wanted to say he couldn’t. His attorney’s strategy today was to prepare for an appeal, on the grounds that the judge deprived Bass of the ability to defend himself.

Did Bass violate the camping ban as the jury decided? The prosecutor explained that nobody, not the judge, nor police officers or herself or the jury was in the position to decide the law. So Steve Bass has to take his case to someone who can.

Jury Selection
Over four hours were spent on choosing a jury, by far the most interesting part of the day. It took three sets of 25 potential jurors to pick six and one alternate. As the process approached lunch hour, the court was eager to buy pizza for seven instead of twenty five, but they didn’t make it.

As I mentioned, usually a juror familiar with “Occupy Wall Street” was dismissed, whether their opinions were favorable or unfavorable. I saw one juror dismissed because delving further would have meant discussing Occupy too much and would expose the other jurors to more occupy talk than the judge or prosecutor wanted.

On the other hand, many jurors had direct relatives in law enforcement, one juror considered a CSPD officer her “knight in shining armor,” so that was another cause for eliminations.

During the second batch, another juror stood up to say he was a former corrections officer, who wasn’t sure if he might have met Steve Bass “in the course of his duties” which poisoned the entire group by suggesting Steve had spent time in prison. That batch was dismissed. In actuality, Steve recognized him, because they both frequented the Dulcimer Shop.

Though Judge Williams maintained a convivial air of impartiality, he betrayed an awful prejudice. Whenever a juror expressed knowing something of what was in the news in October 2011, the judge would asked them if they could refrain from judging Bass based on the misbehavior of others. If jurors who knew about the protests were let to remain in the running, the assumption the judge offered was that “Occupy” was a taint that the defendant hoped they would overcome.

I don’t doubt that this slant extends well beyond Occupy, because municipal courts are notorious for being rubber stamps of a city’s citation process.

For example, in Judge Williams’ instructions to the jury, he read the sample guilty verdict first, in all its solemnity. When he read the not-guilty sample, he broke character to explain that he was not going to repeat the redundant stuff, etc, etc, and then he told the jury they shouldn’t be swayed by the order in which the two samples were read. The dramatic guilty versus the blah blah not-guilty.

Occupy harassment
Knowing about the prohibition against Steve mentioning Occupy, we thought we’d exercise our right not to be gagged. Could it matter? Should it? How preposterous that Steve was being tried and not permitted to say what he was doing. As if some precedent would be set that a defendant might convince a jury that forbidding a person shelter was a bad law.

So we came to court with t-shirts that read OCCUPY COLORADO SPRINGS. Immediately when we sat down, the judge called the lawyers up and decided we’d have to remove our shirts. We were given a chance to explain who we were, but the choice was invert the shirts, put on new ones, or leave. So we walked out.

I had an extra shirt outside with a peace symbol on it. Admittedly a politically-charged shirt, somewhat iconic locally, because it recalled an event in 2007 when peaceful protesters were forcibly removed from a city parade, one of them dragged across the pavement, an elderly woman who subsequently died of complications. So I knew I might be pushing it.

The point being to give Defendant Bass some context. He’s an activist. Alone without a voice he was a perp. With an audience of protestors he becomes a man of mystery. Every accused person in court is sized up in part based on his relations sitting behind him. Why shouldn’t Steve be allowed to show who his friends are?

As I reemerged from my car, already a police supervisor was yelling across the street to tell me I wouldn’t be allowed to wear that shirt. “Are you kidding?” I asked. I had a bag full of them, prepared for this eventuality if other spectators wanted to show solidarity. He was crossing the street to preempt my bringing the confrontation to the steps of the courthouse.

“Eric, you know the judge won’t let you wear that shirt.”

“I know no such thing. He only forbid things that say Occupy.” I knew this to be true, technically.

But they weren’t budging, they claimed a jury pool was already in the courtroom and they didn’t want to take any chances. Oddly, the officer blocking my way, beside the supervisor, was Good Old Officer Paladino who’d brutalized my friends and me in 2007. So he knew the t-shirt too well. Actually Officer Irwin Paladino’s history of abusing protesters goes back to 2003. I decided to dispense with plan B and invert my black t-shirt so I could go back in.

Did the CSPD make the smart call forbidding my t-shirt? I’ll be the first to admit the CSPD have outwitted the local social justice movement at every turn in Colorado Springs. They’re clever and competent, but they’re in the wrong. The CSPD are stepping on our rights, and overstepping their authority to do it. While it may have been superior gamesmanship, it was wrong.

Have I mentioned that they followed us everywhere? As if we were the accused in need of escort. On the officers’ radios we could hear them narrating our movements throughout the building. When Patrick went to the bathroom, an officer followed him inside and made small talk as Patrick peed. Did they think we were going to Mike Check the men’s room?

At one point we were able to see from a window on the second floor hall that CSPD were conferring with a parking enforcement officer around our cars. She was examining the license plates, getting on her phone, standing by the cars, as if waiting for something. The cars were legally parked, the meters fed, and well within the four hour limit. But who wants to argue with an impound lot? I assure you this intimidation tactic worked very well to send us out of the courthouse to rescue our vehicles.

Meanwhile, another friend came into the courthouse and overheard officers discussing whether to deny us entry again, and by what pretext, but I’m getting ahead of myself.

While watching the jury selection, it was the batch that was being dismissed in full, the court bailiff suddenly bolted from behind where we were sitting and told the judge she’d overheard us whispering about inappropriate subjects, specifically using profanity. This accusation was based on a dear Occupier’s habit of muttering colorful asides. Okay this was true, but in his defense, it was after the jury being spoiled, about the jury being spoiled, but inappropriate none-the-less and he apologized. But to tie all together in the misbehavior was a fabrication. The prosecutor tried to have us evicted, and Officer Paladino chimed in about the confrontation I instigated at the door. That’s when my friend told the judge she’d overheard CSPD officers discussing plans to keep us out, so the bailiff’s actions began to appear a little contrived.

This complaint was finally settled with the judge’s warning that one peep out of us would get us 90 days in jail for Contempt of Court. At this point we knew the pieces of duct tape we’d brought in to use to protest Steve’s gagging were definitely OUT.

Just before lunch recess I was able to clarify with Judge Williams whether the peace t-shirt I had wanted to wear was acceptable to the court. Receiving no objection from the prosecutor, the judge told me it would be okay, and then assured me he’d inform CSPD.

Returning from lunch, once again with the peace shirt, the security screeners nearly didn’t let me pass, but I barreled past with the confidence of someone who knows his rights. This time Officer Paladino came upon me at the courtroom door, swaggering right into my face assuring me he was not going to let me pass. FORTUNATELY before he could wrestle my arms behind my back, another supervisor arrived who’d heard the judge, and I was allowed to proceed. Boring story I know. But the pattern was unsettling.

Then Steve was found guilty, you could feel the city’s giddiness as they discussed sentencing. We’re only talking community service, but Colorado Springs has only one contractor for that, the odious Keep Colorado Springs Beautiful, whose hi profile task is to clean up after the CSPD Homeless Outreach Team scoops up the homeless and puts them in shelters very much in the model of correctional facilities. Steve was able to negotiate a less anti-homeless agency, and that’s the story so far.

Should the London Olympics remember the 1972 Munich Holocaust? Do you?

America can’t memorialize the 1972 Munich hostage killings, because that act of terrorism was not unlike our own airstrikes or special ops raids, against purported enemy combatants, off the field of combat, except we don’t even try to kidnap them alive.
 
Of course the Israeli Olympic wrestlers and weightlifters killed in Munich in 1972 should be memorialized. But to call the deaths a massacre pretends the German police meant their ambush to kill everyone.* What happened at the 1972 Olympics is being recalled as the “Munich Massacre” but even the propagandists tweaking the Wikipedia entry don’t have the temerity to doff the disclaimer that “massacre” is the informal name. Shall we recall what happened? On September 5, 1972, PLO terrorists infiltrated the Olympic village and tried to kidnap Israeli hostages to exchange for 234 Palestinians held by Israel. Two Israelis fought back and were killed. Next the eight gunman and their nine captives were led into an ambush at a military airfield. After a 1 & 1/2 hour gun battle on the tarmac, trapped under the helicopters by police snipers, the PLO killed four of their captives. A police investigation revealed the remaining five captives may have died in sniper crossfire. This detail is disputed, but a secret financial settlement was sought and reached with German authorities. So, was Munich a massacre or a botched hostage rescue? Do words matter? The Mossad’s retaliatory murder of an innocent Moroccan waiter in Norway, mistaken for the Munich mastermind, is trivialized as the Lillehammer Affair.

Proponents want an Olympic tribute to the Munich Massacre “so that it never happens again.” Boy does that ever have a familiar ring to it. Look out for an Elie Wieselish re-tailoring of the original narrative, Steven Spielberg’s Munich being only a recent example of a myth-makeover remembrance.

To begin with, the PLO kidnappers were a faction of the PLO called the Black September Brigade, named after the Black September purge of the PLO from Jordan. This ouster, aided by the US and fought by Syria, was initiated by Israel’s attack on the village of Karameh, in which the PLO suffered 200 killed, to the IDF’s 28. Not a massacre because 150 PLO fighters were taken captive. Wikistorians taking liberties with translation are calling the PLO group “Black September”, with the effect of obfuscating the event which preceded the Munich operation.

The Munich raid to seize hostages was actually named “Operation Iqrit and Kafr Bir’im” after the Christian villages of Kafr Bir’im and Iqrit, ethnically cleansed by Israel in 1948. Villagers were granted right of return by Israel’s supreme court, but overruled by the military. An attempt to return had been repulsed by police as recently as August 1972, as the Olympics began.

Next, the identity of the Israeli athletes is always left incomplete. With the exception of the 18 year old Russian immigrant, all the Israeli hostages were IDF soldiers who’d participated in military acts against Palestine, Egypt, lebanon, Jordan, or Syria, and so are not exactly the innocent civilians of current retellings.

Who killed the Israeli captives during the gun battle with German police? An immediate investigation found that sniper fire may have hit the captives, as it had also severely wounded a fellow policeman. A cover-up long obscured the official reports. While this could be pretended to protect the German participants, it also kept the blame on the PLO gunmen, which would have been critical to justify Israel’s “eye for an eye” revenge killings.

Did the gunman strafe their hostages with bullets upon seeing the arrival of the police armored reinforcements? The only witness accounts come from the German authorities. We might accept that the lead PLO gunman lobbed a grenade into the first helicopter with the intention of killing the four hostages it contained, if they were still alive. An autopsy revealing that one of the Israelis died from the flames is used the emphasize that the grenade, and thus a PLO terrorist, certainly killed him.

Though the German police admitted potential culpability for the deaths of the five hostages in the second helicopter, a later analysis put convenient blame on a particular gunman, one of them ones captured and who eventually escaped justice by being released. Certainly this narrative would be critical if Israel hoped for popular support for their effort to hunt the gunman down.

Many of Israel’s revenge killings involved car bombs which risked collateral deaths and injuries. Assassinating the “mastermind” killed eight others, including a nun, and injured 18 more.

Whether the PLO gunmen killed the Israelis or not, even the operation’s planners can’t be said to have intended it. No one masterminded a massacre.

Of the PLO participants in Munich, five gunman were killed, and three were captured. Those three were released weeks later to meet the demands of a subsequent hijacking. Israel’s Mossad boasted of having tracked them down and assassinated them shortly thereafter. But accounts vary, and one of them was interviewed decades later for a documentary. What’s known is that Israel implemented an “eye for an eye” operation that over 20 years hunted and killed 20-35 Palestinian targets. They weren’t sought out to take hostage but to murder, and most of them were unconnected to the Black September Brigade. The Mossad long-arm-of-the-law theme was less about revenge than deterrence, because anyone who might have masterminded or abetted the Munich plot was planning a kidnapping not a murder.

If a massacre is measured by an imbalance of casualties, let’s look at the numbers. After 11 Israelis were murdered, Israel retaliatory airstrikes killed 200 in Syria and Lebanon, an IDF raid killed up to 100 in Lebanon, and the Mossad targeted up to 35 in subsequent assassinations. Here’s an accounting:

Sept 5-6, 1972
11 Israeli athletes, coaches former IDF
(2 killed by BSB in initial break-in, 9 killed during the ambush rescue attempt, possibly by crossfire)
1 German police
5 PLO gunmen

Sept 8, 1972
IAF retaliatory airstrikes on PLO bases in Syria and Lebanon.
200 Palestinians killed, including women and children

IDF Operation “SPRING OF YOUTH” raid on Lebanon, April 1973
3 PLO suspected planners
12-100 PLO members
1 PLO wife
1 Italian woman
2 Lebanese policemen
Unknown number of Lebanese civilians

Mossad Operation “WRATH OF GOD”, (20-35 targets over 20 years)
PLO translator of disputed BSB involvement, Oct 1972
PLO senior official, December 1972
Palestinian activist “expertly” pushed under bus, London, 1972
Jordanian Fatah rep, January 1973
Law professor at Am Univ of Beirut, April, 1973
Replacement for Fatah rep, Athens, April 1973
(2 BSB minor members injured, Rome, April 1973)
PLO director of operations for BSB, June 1973
Moroccan waiter, mistaken identity, Norway, July 1973
3 Arab-looking men, Switzerland, January 1974
Arab security guard, Spain, August 1974
PLO rep, blamed on the Abu Nidal Org, London, January 1978
2 PLO reps, Paris, August 1978 (3 injured)
PLO suspected “mastermind”, car-bomb, January 1979, also killed:
4 Bodyguards
1 British student
1 German nun
2 Lebanese passersby (also 18 injured)
PLO military head, Cannes, July 1979
2 Palestinians, December, 1979
PLO rep, Brussels, June 1981
2 PLO senior figures, car bomb, Rome, June 1982
PLO senior official, car bomb, Paris, July 1982
PLO senior official, drive-by, Athens, August 1983
PLO Secretary-General, drive-by, Athens, June 1986
PLO official, car bomb, Athens, October 1986
2 Palestinians, car bomb, Cyprus, February 1988 (1 other wounded)
PLO suspected head of intelligence, June 1992

What’s that? The ratio is 11 to 335 and the Israelis want to call it a massacre? If you count the Palestinians killed in the initial Black September attack on the PLO in Jordan, the comparison becomes irrelevant.

But the Munich ratio is nothing compared to the 1,500 Gazans killed in Operation Cast Lead. Now there’s a massacre.

*ON THE OTHER HAND. The botched hostage rescue in Munich might very well have been a massacre. Do we really want to go there? The German snipers who initiated the gun battle at Furstenfeldbruck Airbase may really have behaved with a total disregard to the fate of the Israeli hostages. With the antisemitism that prevailed in Europe, and still prevails there among the working classes, it’s very likely the policemen looked at the gunmen and their captives with equal scorn. If the bound Israelis weren’t hit in the crossfire, it could certainly be held that the sniper attack provoked their killing. The coverup and subsequent private financial settlement reached between Germany and the Israeli survivors suggests a culpability of the like. In that respect, if European Jews look back at Munich 1972 and say it was a massacre, I believe them.

Steve Bass to get his day in court, but he can’t say what he was doing or why, & above all he can’t mention “Occupy”


COLORADO SPRINGS, Colo.– Municipal Court Judge Spottswood W. F. Williams heard a final motion today before the AUGUST 10 trial of Occupier Steve Bass, charged with violating the city’s camping ban. The prosecution motioned to forbid from trial, “discussion of political, economic, or religious beliefs or ideology as a purported justification for the alleged acts”, and even “arguments related to the belief that the defendant’s conduct was constitutionally protected”, and in true Colorado Springs fashion, the judge GRANTED the city’s motion! YES THAT’S RIGHT, now if Bass wanted to say he wasn’t “camping,” he can’t say what else you would call it! In effect, Defendant Bass is prevented from explaining WHY he was occupying, or even THAT he was occupying, because saying “OCCUPY” is expressly forbidden. The judge will play it by ear whether to make an exception for himself during “voir dire” if selecting impartial jurors might require asking their opinion of “Occupy”. That’s IF BASS GETS A JURY AT ALL, because next, Judge Williams prompted the city prosecutor to research whether Bass was entitled to a jury of his peers for the infraction of camping…

The issue had already been resolved in an earlier hearing. Unable to find definitive wording on whether a camping ban violation invoked the right to a jury trial, the court ruled to proceed as if it did. But at today’s hearing Judge Williams related that in the interim over a casual dinner conversation, another judge informed him that the law read otherwise. So he put the question again to the prosecution. And again the citations came up inconclusive. This time however, with the clerk advised to continue the search, the decision stands at “pending”.

If Judge Williams opts to eliminate the jury, the forbidding of political or constitutional discussion is a moot point, actually two. There won’t be a jury to confuse, nor a judge either, because Judge Williams decided, by allowing the city’s motion, that the defendant has no arguments to make. Case closed. If the judge gets his way.

The point of today’s hearing was to hear not a judge’s motion but the city’s, a “motion in limine” used to reach agreement about what arguments can be excluded from the trial, often a defendant’s prior convictions which might prejudice a jury.

The core of the city’s motion was this:

…that the Defendant be ordered to refrain from raising the following issues at the Jury Trial…

1. Discussion of political, economic, or religious beliefs or ideology as a purported justification for the alleged acts, or as an issue to be evaluated by the jury;

2. Presentation of facts or arguments related to the belief that the defendant’s conduct was constitutionally protected expressive conduct;

3. Presentation of facts or arguments with the primary purpose or effect of proselytizing for the occupy movement, or otherwise using the Courtroom as a public forum;

4. Any reference to settlement negotiations with the Defendant prior to trial;

The city is guessing that because defendant Bass has passed on all opportunities to dismiss his case on technicalities, or plead for a deferred sentence, that he’s hanging on to get “his day in court.” Whatever that’s going to look like, the city doesn’t like it.

Points three and four were conceded by the defendant. No proselytizing was intended, and of course plea deals are confidential. But the discussion of #3 was amusing, because the city expanded it to mean absolutely NO MENTION of “Occupy.” Even though the defendant was cited in ACACIA PARK, in OCTOBER, under 24/7 media coverage, the prosecutor argued that mentioning OCCUPY “would be unfairly prejudicial to the City.” Further:

To admit evidence related to any political, economic, and religious debate concerning the “Occupy Movement” at trial in this matter would result in prejudice, confusion, and a waste of Court time. By allowing such testimony, the jury would be misled as to the elements of the charged offense which would result in confusion during jury deliberations. Furthermore, the prosecution would suffer unfair prejudice if the jury were allowed to consider the defendant’s private ideology…

Not only did the city fear it would lose a popularity contest with “Occupy”, it worried that the courtroom would be abused by public debate. The point was ceded by the defense because the “primary purpose” would always have been to present defending arguments, not proselytize.

The City’s request is that the Court be treated as a forum for resolving criminal disputes and not as a public forum for debate. Political, economic and religious debate should be restricted to appropriate public forums.

The prosecutor raises an incongruous irony: Steve Bass is on trial because the city doesn’t consider Acacia Park to be an appropriate forum either.

Naturally the defense objected to points one and two, though on the three particular defense strategies the city wanted to preempt, “Choice of Evils Defense”, “Defense of Others”, and “Duress”, the defense ceded as irrelevant. Judge Williams then granted points one and two with the proviso that Steve Bass be permitted to draft his own defense argument, to be presented to the court no later than the Wednesday before trial. Did you know that a defendant must have his arguments approved by his accusers before he’s allowed to make them in court?

I’m not sure it’s accurate to say that Steve Bass is going to get his day in court if he’s going to spend it gagged.

Was Steve Bass arrested for “camping” or was the city trying to curtail “Occupy”? Let’s remember that Jack Semple and Amber Hagan were arrested for taping themselves to a tent, and Nic Galetka was arrested for setting his things on the ground.

But Steve Bass won’t be allowed to mention those details.

———-
FOR REFERENCE: The city’s full motion is reprinted below:

MUNICIPAL COURT, CITY OF COLORADO SPRINGS, COLORADO

PEOPLE OF THE CITY OF COLORADO SPRINGS, Plaintiff
v.
Steven Bass, Defendant

Case Number: 11M32022

MOTION IN LIMINE

COMES NOW the Office of the City Attorney, by and through Jamie V. Smith, Prosecuting Attorney, and submits this “Motion in Limine,” moving that the Defendant be ordered to refrain from raising the following issues at the Jury Trial in the above-captioned matter:

1. Discussion of political, economic, or religious beliefs or ideology as a purported justification for the alleged acts, or as an issue to be evaluated by the jury;

2. Presentation of facts or arguments related to the belief that the defendant’s conduct was constitutionally protected expressive conduct;

3. Presentation of facts or arguments with the primary purpose or effect of proselytizing for the occupy movement, or otherwise using the Courtroom as a public forum;

4. Any reference to settlement negotiations with the Defendant prior to trial;

ARGUMENTS IN SUPPORT OF MOTION

1. Discussion of political, economic, or religious beliefs or ideology as a purported justification for the alleged acts, or as an issue to be evaluated by the jury.

The Defendant is charges with violating Section 9.6.110 of the Code of the City of Colorado Springs, 2001, as amended (“the City Code”), entitled “Camping on Public Property.” Political, economic, or religious beliefs or ideology are not relevant to any of the elements of an alleged violation of City Code Section 9.6.110, nor are they relevant to any potential defense to that City Code Section.

City Code Section 9.6.110 makes it “unlawful for any person to camp on public property, except as may be specifically authorized by the appropriate governmental authority.” Testimony or arguments irrelevant to the elements contained in that language should be exclude from trial. C.R.E. Rule 401 defines relevant evidence as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probably than it would be without the evidence.” Evidence and argument regarding political, economic or religious beliefs of ideology have no bearing on the offense charged and do not meet the definition of relevant evidence.

Even if some discussion of these issues could be found to be of limited relevance, such discussion would only serve to confuse the issues and waste the court’s and jurors’ time, and would be unfairly prejudicial to the City. C.R.E. Rule 403 allows relevant evidence to be excluded when its admission would cause prejudice, confusion, or waste of time. To admit evidence related to any political, economic, and religious debate concerning the “Occupy Movement” at trial in this matter would result in prejudice, confusion, and a waste of Court time. By allowing such testimony, the jury would be misled as to the elements of the charged offense which would result in confusion during jury deliberations. Furthermore, the prosecution would suffer unfair prejudice if the jury were allowed to consider the defendant’s private ideology, as it is not an element that the prosecution must prove. Time and resources of the Court would also be wasted by allowing such testimony.

Furthermore, this Court denied the defendant’s “Motion to Dismiss-First Amendment,” on June 7, 2012, holding that City Code Section 9.6.110 is content-neutral, and that the defendant did not have a Constitutionally protected right to express his views in the manner that he chose on the date of the violation. Therefore, the sole issue before the jury is whether or not Mr. bass was camping on public property without appropriate governmental authority. Any evidence concerning political, economic or religious views that he was attempting to express through his conduct has no relevance whatsoever to any of the elements of the offense.

Discussion of the “Occupy Movement” as a political, economic or religious issue is also irrelevant to any potential defense which could be raised in this matter. Economic, political and religious beliefs or ideology are irrelevant to the following defenses that the Defendant might attempt to raise:

a. Choice of Evils Defense. C.R.S. Section 18-1-702(1) provides, in pertinent part, that “conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur… .” The statute goes on the state in subsection (2) that “the necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder.” (Emphasis added.) Subsection (2) also states that:

[w]hen evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

The choose of evils defense “does not arise from a ‘choice’ of several courses of action, but rather is based on a real emergency involving specific and imminent grave injury that presents the defendant with no alternatives other that the one take.” People v. Strock, 623 P.2d 42, 44 (Colo.1981). in order to invoke the “choice of evils” defense, the Defendant must show that his conduct was necessitated by a specific and imminent threat of public or private injury under circumstances which left him no reasonable and viable alternative other than the violation of law for which he stand charged. Andrews v. People, 800 P.2d 607 (Colo. 1990).

There has been no allegation by the defense, and no facts in the police reports previously submitted to this Court, that allege a specific and imminent public or private injury would occur if Mr. Bass had not erected a tent on public property. Furthermore, reasonable and potentially viable alternatives were available to Mr. Bass to achieve his goal, such as picketing and handing out literature, on the date of violation. This was accepted as true and ruled upon by this Court at the motions hearing on June 7, 2012. it should also be noted that no state “has enacted legislation that makes the choice of evils defense available as a justification for behavior that attempts to bring about social and political change outside the democratic governmental process.” Id. at 609; see also United States v. Dorrell, 758 F.2d 427, 431 (9th Cir. 1985) (mere impatience with the political process does not constitute necessity).

b. Defense of Others. C.R.S. Section 18-1-704 describes the circumstance under which the use of physical force in defense of a person constitutes a justification for a criminal offense. Subsection (1) of that statute states, in part, that “a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person…”. The defense does not apply considering the allegation in this case. There is no allegation that the Defendant was using physical force to protect himself from unlawful force by another at any time during the violation. Furthermore, no unlawful force was used or imminently threatened against any third party that would allow the Defendant to raise the defense.

c. Duress. C.R.S. Section 18-1-708 defines duress as conduct in which a defendant engages in at the direction of another person because use or threatened use of unlawful force upon him or another person. Duress does not apply in this case. There is no evidence that anyone was using or threatening to use unlawful force against Defendant or any third party to cause the Defendant to commit a violation.

2. Presentation of facts or arguments related to the belief that the defendant’s conduct was constitutionally protected expressive conduct.

Any claim by the Defendant that his conduct was protected by the First Amendment of the United States Constitution is not a proper issue to be raised before the jury in this case. This is a constitutional defense that was already raised by the Defendant in his “motion to Dismiss-First Amendment,” and which was denied by this Court on June 7, 2012. The Court ruled as a matter of law that the Defendant’s alleged conduct was not a constitutionally protected form of expression.

3. Presentation of facts or arguments with the primary purpose or effect of proselytizing for the occupy movement, or otherwise using the Courtroom as a public forum.

It is anticipated that the Defendant will attempt to use this trial as a public forum to assert his political, economic, and religious views on the “Occupy Movement.” Courtrooms are not public forums. People v. Aleem, 149 P.3d 765 (Colo. 2007). This Court has the authority to restrict political speech within the courtroom and preserve its purpose as a forum for adjudication of criminal disputes,m so long as the restriction is reasonable and viewpoint neutral. Id. The restriction requested by the City is both reasonable and viewpoint neutral. The purpose of this Motion is to limit the evidence presented in this matter to the offense charged and potential defenses thereto. The Motion is also viewpoint neutral as the City is not taking a stance on political, economic, or religious issues and would not request that the Court do so either. The City’s request is that the Court be treated as a forum for resolving criminal disputes and not as a public forum for debate. Political, economic and religious debate should be restricted to appropriate public forums. To allow Defendant to raise thee issues would be contrary to legal precedent and the rules of evidence.

4. Any reference to settlement negotiations with the Defendant prior to trial.

C.R.E. 408 excludes from permissible evidence compromise or offers to compromise. Plea negotiations fall under this rule and may not be discussed in the presence of the Judge or Jury.

President Obama tells Aurora survivers he has no power to address gun control

Barack Obama explained that his role as president is limited to the authority to offer the nation’s condolences and voice the common desire to see the accused feel the “full force of American justice.” Aurora police were to blame, apparently, because if James Holmes had not been apprehended, and did not now have to face trial, Obama could dispatch the gunman, suspected accomplices, and whoever else might be in their company at the time, with a swift drone strike.