Of course it was the 7th cavalry at Nogun Ri

Even the rightest wing-est extremist in Texas don’t hold a candle to Some Colorado Wingnuts, the ones who call Natives “prairie niggers” or “wagon burners”, especially when any negative reviews of the Seventh Cavalry massacres. Like Wounded knee, a vengeance quest for Custer and a bunch of his homicidal lunatic troopers got their own asses sent to Hell. And before that, at the Little Ouachita, murdering men, women and children at a mostly Cheyenne winter encampment. Must not criticize heroic asswipes like Custer. Oh, that song they adopted, Garryowen, that’s about a really rowdy  custom (performed by the lads of Garryowen, a town in Ireland) of getting drunk and beating up on cops. Anyhoo, I got this from Wiki because it’s easy. Sue me. It’s about another massacre and why the people of Korea aren’t as enthusiastic about the U.S. Big Brother as the South Korean Government. Hint: it’s because the corrupt U.S. Government pays the S. Korean Puppet Government to pretend to like us.

The No Gun Ri massacre (Hangul??? ??? ?? ??; Hanja?????????; RRNogeun-ri minganin haksal sageon) occurred on July 26–29, 1950, early in the Korean War, when an undetermined number of South Korean refugees were killed in a U.S. air attack and by small- and heavy-weapons fire of the 7th U.S. Cavalry at a railroad bridge near the village of Nogeun-ri (Korean: ???), 100 miles (160 km) southeast of Seoul. In 2005, a South Korean government inquest certified the names of 163 dead or missing and 55 wounded, and added that many other victims’ names were not reported. The South Korean government-funded No Gun Ri Peace Foundation estimated in 2011 that 250–300 were killed, mostly women and children.

The incident was little-known outside Korea until publication of an Associated Press (AP) story in 1999 in which 7th Cavalry veterans corroborated survivors’ accounts. The AP also uncovered declassified U.S. Army orders to fire on approaching civilians because of reports of North Korean infiltration of refugee groups. Some details were disputed, but the massacre account was found to be essentially correct. In 2001, the U.S. Army conducted an investigation and, after previously rejecting survivors’ claims, acknowledged the killings, but described the three-day event as “an unfortunate tragedy inherent to war and not a deliberate killing”. The army rejected survivors’ demands for an apology and compensation. United States President Bill Clinton issued a statement of regret, adding the next day that “things happened which were wrong”.

South Korean investigators disagreed with the U.S. report, saying that they believed that 7th Cavalry troops were ordered to fire on the refugees. The survivors’ group called the U.S. report a “whitewash”. The AP later discovered additional archival documents showing that U.S. commanders ordered troops to “shoot” and “fire on” civilians at the war front during this period; these declassified documents had been found but not disclosed by the Pentagon investigators. American historian Sahr Conway-Lanz reported that among the undisclosed documents was a letter from the U.S. ambassador in South Korea stating that the U.S. military had adopted a theater-wide policy of firing on approaching refugee groups. Despite demands, the U.S. investigation was not reopened.

Prompted by the exposure of No Gun Ri, survivors of similar alleged incidents from 1950–51 filed reports with the Seoul government. In 2008, an investigative commission said more than 200 cases of alleged large-scale killings by the U.S. military had been registered, mostly air attacks

If you’re a vet from that arena, and was above the rank of captain at the time, I won’t give two thirds of a sex act about your damn feelings.

Occupy v. Martinez (Plaza Protest Ban) 2015 Order Granting Prelim Injunction


While we await a judge’s response to the complaint and motion for a preliminary injunction against DIA’s free speech permit, I was drawn to reminisce about an earlier federal injunction GRANTED against Denver’s 2nd Judicial District. It was/is (!) also a preliminary injunction curbing police intimidation. This one prevents arrests of Jury Nullification pamphleteers at the Lindsey Flanigan Courthouse in Denver. More broadly, it halts the enforcement of the despotic “Chief Justice Order 1” which attempted to curb free speech in Tully Plaza, between the courthouse and the jail, site of innumerable protest rallies since the facility was erected in 2010. After a protracted legal battle, the case will finally come to trial in April 2017. This case also started with police overreach, then a complaint, a motion, and a hearing. In August 2015, US District Judge William Martinez issued the below court order granting the preliminary injunction.

Document 28 Filed 08/25/15 USDC Colorado

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez

Civil Action No. 15-cv-1775-WJM-MJW

ERIC VERLO,?
JANET MATZEN, and?
FULLY INFORMED JURY ASSOCIATION,

Plaintiffs, v.

THE CITY AND COUNTY OF DENVER, COLORADO, a municipality,?ROBERT C. WHITE, in his official capacity as chief of police for Denver, and CHIEF JUDGE MICHAEL MARTINEZ, in his official capacity as chief judge of the Second Judicial District,

Defendants.

______________________________

ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION
______________________________

Plaintiffs Eric Verlo, Janet Matzen, and the Fully Informed Jury Association (“FIJA”) (collectively, “Plaintiffs”) bring this lawsuit to establish that they have a First Amendment right to distribute and discuss literature regarding jury nullification in the plaza outside of Denver’s Lindsey-Flanigan Courthouse (“Courthouse Plaza” or “Plaza”). (ECF Nos. 1, 13-1.) The Lindsey-Flanigan Courthouse is where most criminal proceedings take place for Colorado’s Second Judicial District (which is coterminous with the City and County of Denver).

Plaintiffs have sued the City and County of Denver itself and its police chief, Robert C. White, in his official capacity (jointly, “Denver”). Plaintiffs have also sued the Hon. Michael A. Martinez 1 in his official capacity as Chief Judge of the Second Judicial District. Out of recognition that Plaintiffs’ lawsuit does not target Chief Judge Martinez himself but rather a policy promulgated by the Second Judicial District through Chief Judge Martinez, the Court will refer below to Chief Judge Martinez as “the Second Judicial District.”

On the same day Plaintiffs filed their complaint, they also moved for a preliminary injunction to restrain Defendants from taking any action to stop them from distributing certain literature regarding, or advocating for, jury nullification on the Courthouse Plaza (“Motion”). (ECF No. 2.) The Second Judicial District, represented by the Colorado Attorney General’s office, filed a response defending its current policy of limiting expressive activities to certain areas away from the main walkways leading to the Courthouse doors. (ECF No. 24.) Denver, represented by the Denver City Attorney’s office, did not file a response, but instead filed a joint stipulation with Plaintiffs regarding the status of the Plaza. (ECF No. 23.) As discussed further below, Denver (a) has no intent to enforce the Second Judicial District’s policy that would otherwise restrict Plaintiffs’ activities, and (b) agrees with Plaintiffs that they have a First Amendment right to distribute and discuss their literature essentially anywhere on the Courthouse Plaza, including in the areas designated as restricted by the Second Judicial District.

This Court held an evidentiary hearing and heard oral argument on August 21, 2015. Having considered all of the filings, evidence, and arguments submitted to date, the Court grants Plaintiffs’ Motion for the reasons explained below.

—————
1 No relation to the undersigned.?
————

I. LEGAL STANDARD

To prevail on a motion for preliminary injunctive relief, Plaintiffs have the burden of establishing that four equitable factors weigh in their favor: (1) they are substantially likely to succeed on the merits; (2) they will suffer irreparable injury if the injunction is denied; (3) their threatened injury outweighs the injury the opposing party will suffer under the injunction; and (4) the injunction would not be adverse to the public interest. See Westar Energy, Inc. v. Lake, 552 F.3d 1215, 1224 (10th Cir. 2009); Gen. Motors Corp. v. Urban Gorilla, LLC, 500 F.3d 1222, 1226 (10th Cir. 2007). “[B]ecause a preliminary injunction is an extraordinary remedy, the right to relief must be clear and unequivocal.” Greater Yellowstone Coal. v. Flowers, 321 F.3d 1250, 1256 (10th Cir. 2003).

II. BACKGROUND

A. Facts Alleged in the Original Complaint

Plaintiffs’ original complaint recounts the story of two non-parties, Mark Iannicelli and Eric Brandt, who were passing out pamphlets on the Courthouse Plaza on July 27, 2015. (ECF No. 1 ¶ 14.) The pamphlets were titled “Fresh Air for Justice” and “Your Jury Rights: True or False?” (Id. ¶ 15; ECF No. 1-3; ECF No. 1-4.) Both pamphlets contain some history of jury nullification and various general statements about the jury’s role as envisioned by the Framers. (See generally ECF Nos. 1-3, 1-4.) But the pamphlets also contain certain calls to action which could raise concern. “Fresh Air for Justice,” for example, contains the following:

• “Judges say the law is for them to decide. That’s not true. When you are a juror, you have the right to decide both law and fact.” (ECF No. 1-3?at 3.) ?

• “If the law violates any human rights, you must vote no against that law by voting ‘not guilty.’” (Id. (emphasis in original).) ?

“Fresh Air for Justice” also contains the following, which could be interpreted as encouraging prospective jurors to lie during voir dire:

When you are called for jury duty, you will be one of the few people in the courtroom who wants justice rather than to win or to score career points. For you to defend against corrupt politicians and their corrupt laws, you must get on the jury. During the jury selection, prosecutors and judges often work together to remove honest, thinking people from juries. ?

When you’re questioned during jury selection, just say you don’t keep track of political issues. Show an impartial attitude. Don’t let the judge and prosecutor stack the jury by removing all the thinking, honest people!

Instructions and oaths are designed to bully jurors and protect political power. Although it all sounds very official, instructions and oaths are not legally binding, or there would be no need for independent thinking jurors like you.?

?(Id. at 4.)

The other pamphlet, “Your Jury Rights: True or False?”, does not contain language quite as direct as the foregoing, but it does declare, “You cannot be forced to obey a ‘juror’s oath.’” (ECF No. 1-4 at 3.) ?

Iannicelli was arrested on the Plaza that day, and Brandt was arrested on a warrant a few days later. (ECF No. 1 ¶ 18.) Both were charged with jury tampering: “A person commits jury-tampering if, with intent to influence a juror’s vote, opinion, decision, or other action in a case, he attempts directly or indirectly to communicate with a juror other than as a part of the proceedings in the trial of the case.” Colo. Rev. Stat. § 18-8-609(1). The affidavit supporting Brandt’s arrest mentions that he and Iannicelli had been on the Courthouse Plaza at a time that jurors “would be expected to be arriving” for the ongoing death penalty prosecution of Dexter Lewis. (ECF No. 1-2 at 4.) 2

Plaintiff Eric Verlo “wishes to pass out the same literature on the Lindsey-Flannigan [sic; ‘Flanigan’] plaza as Eric Brandt and Mark Iannicelli were passing out which caused them to be arrested.” (ECF No. 1 ¶ 9.) Plaintiff Janet Matzen wishes to do the same. (Id. ¶ 10.) Plaintiff FIJA is

an association, based in Montana, who’s [sic] members passionately believe in the concept of jury nullification. FIJA intends to hold an educational campaign in Denver on September 5, 2015 where its members wish to pass out the same brochures on the Lindsey-Flannigan [sic] plaza as Eric Brandt and Mark Iannicelli . . . .

(Id. ¶ 11.) 3 Plaintiffs say that the arrests of Brandt and Iannicelli have caused them to to fear that they too might be arrested and prosecuted. (Id. ¶ 22.)

——————
2 Lewis was charged with murdering five individuals at a Denver bar in 2012. See, e.g., Jordan Steffen & Matthew Nussbaum, “Denver jury hears opening arguments in five Fero’s bar killings,” Denver Post (July 20, 2015), at http://www.denverpost.com/news/ci_28513519/denver-jury-hears-opening-arguments-five-feros-bar (last accessed Aug. 24, 2015).

3 September 5, 2015, is a Saturday —an unlikely day for a jury nullification advocate to reach his or her target audience at a courthouse. When this was pointed out at the preliminary injunction hearing, counsel for Plaintiffs qualified the date with an “on or about.”
——————

?B. Facts Alleged in the Amended Complaint & Supplemental Filings

Two days after filing suit, Plaintiffs filed an amended complaint to insert allegations regarding a Second Judicial District administrative order recently posted on the Courthouse doors. (ECF No. 13-1 ¶ 2.) The order, designated “CJO 15-1” and dated August 14, 2015, was titled “Chief Judge Order Regarding Expressive Activities at the Lindsey-Flanigan Courthouse.” (ECF No. 24-1.) This order was actually amended on August 21, 2015, hours before the preliminary injunction hearing in this Court, and admitted as Exhibit 1 in that hearing. (See ECF No. 25-1.) The Court will refer to the amended order as the “Plaza Order.” In relevant part, it reads as follows:

The Court has the responsibility and authority to ensure the safe and orderly use of the facilities of the Second Judicial District; to minimize activities which unreasonably disrupt, interrupt, or interfere with the orderly and peaceful conduct of court business in a neutral forum free of actual or perceived partiality, bias, prejudice, or favoritism; to provide for the fair and orderly conduct of hearings and trials; to promote the free flow of pedestrian and vehicular traffic on sidewalks and streets; and to maintain proper judicial decorum. Those having business with the courts must be able to enter and exit the Lindsey-Flanigan Courthouse freely, in a safe and orderly fashion and unhindered by threats, confrontation, interference, or harassment. Accordingly, the Court hereby prohibits certain expressive activities on the grounds of the Courthouse, as depicted in the highlighted areas of the attached map [reproduced below], without regard to the content of any particular message, idea, or form of speech.

Prohibited Activities: The activities listed below shall be prohibited in the following areas: anywhere inside the Lindsey-Flanigan Courthouse, including courtrooms, corridors, hallways, and lobbies; the areas, lawns, walkways, or roadways between the Courthouse and public sidewalks and roads; and any areas, walkways, or roadways that connect public sidewalks and roads to Courthouse entrances or exits. This includes the Courthouse entrance plaza areas on the east and west sides of the Courthouse as depicted in the highlighted areas of the attached map.

1. Demonstrating; picketing; protesting; marching; parading; holding vigils or religious services; proselytizing or preaching; distributing literature or other materials, or engaging in similar conduct that involves the communication or expression of views or grievances; soliciting sales or donations; or engaging in any commercial activity; unless specifically authorized in writing by administration;

2. Obstructing the clear passage, entry, or exit of law enforcement and emergency vehicles and personnel, Courthouse personnel, and other persons having business with the courts through Courthouse parking areas, entrances, and roadways to and from Courthouse and Courthouse grounds; ?

3. Erecting structures or other facilities, whether for a single proceeding or intended to remain in place until the conclusion of a matter; or placing tents, chairs, tables, or similar items on Courthouse grounds; except as specifically authorized in writing by administration; and ?

4. Using sound amplification equipment in a manner that harasses or interferes with persons entering or leaving Courthouse grounds or persons waiting in line to enter the Courthouse. ?

(Id. at 1–2 (formatting in original).) The Court will refer to the Plaza Order’s numbered paragraphs by their number, e.g., “Paragraph 1 of the Plaza Order” (referring to the forms of prohibited expressive activity). In their amended complaint, Plaintiffs allege that the Plaza Order was “apparently” entered in response to Brandt’s and Iannicelli’s actions. (ECF No. 13-1 ¶ 2.)

The “attached map” referenced in the Plaza Order is reproduced on the following page:

(Id. at 3.) This map shows an aerial view of the Courthouse. The top of the map is north. The Courthouse itself is the irregularly shaped, white-roofed building occupying the left half of the map. Immediately to the left (west) of the Courthouse is Fox Street. Immediately to the north is Colfax Avenue. Immediately to the right (east) of the Courthouse grounds is Elati Street, which is closed to traffic other than police vehicles as it runs past the Courthouse. Elati bisects a circular area paved in a tan color. Just to the right (east) of Elati, and not depicted in the map, is Denver’s Van Cise-Simonet Detention Center (“Detention Center”), which houses pretrial detainees. Thus, the area between the Courthouse and Detention Center is a fairly spacious place suitable for public gatherings.

Immediately to the east and west of the Courthouse are areas that the Second Judicial District highlighted in yellow to indicate where expressive activity is restricted (“Restricted Area”). This matter principally concerns the arc-shaped portion of the Restricted Area to the east of the Courthouse (“East Restricted Area”). The East Restricted Area comprises the following:

• planter boxes and public art (collectively, “Landscaping”); ?

• sidewalks, including a narrow sidewalk beginning at the north of the map ?(just below the blue bus stop icon) and following the arc of the planter boxes until it reaches a much wider sidewalk that completes the arc, which itself connects with the awning-covered steps leading to the Courthouse front doors depicted in approximately the center of the map (collectively, “Sidewalks”); and ?

• a gravel passive security feature between the narrow sidewalk and the Courthouse itself (“Gravel Area”). ?

C. Evidence Received at the Preliminary Injunction Hearing

1. Commander Lopez

?Plaintiffs called as a witness Commander Antonio Lopez of the Denver Police Department. Lopez oversees the Denver Police district that encompasses the Courthouse and the Detention Center. Lopez testified that the Courthouse opened in 2010 or 2011. During that time, he has seen “more protests [in the area between the Courthouse and the Detention Center] than [he can] recall. At one point w e were averaging about two or three a week, in that area.” On cross-examination, Lopez clarified that most of those protests were nearer to the Detention Center than the Courthouse. Nonetheless, to Lopez’s knowledge, the Denver Police Department has never restricted or interfered with any peaceful First Amendment activity taking place between the Courthouse and the Detention Center.

2. Mr. Steadman

The Second Judicial District called Steven Steadman, who is the Colorado judicial branch’s security administrator. Steadman was closely involved in the discussions leading up to the Plaza Order. Steadman testified that, during those discussions, he was unaware of Brandt and Iannicelli or the distribution of jury nullification literature, and that the Plaza Order actually arose from very different concerns.

According to Steadman, discussions began with Chief Judge Martinez in early July 2015 because the Dexter Lewis trial was scheduled to overlap with another death penalty trial in Arapahoe County, i.e., the trial of Aurora theater shooter James Holmes. Steadman and Chief Judge Martinez specifically worried about potentially violent protests that might break out if Lewis (who is black) eventually received the death penalty but Holmes (who is white) did not. Proactively seeking to avoid such a problem, Steadman gave Chief Judge Martinez a copy of an order entered by the Hon. Carlos A. Samour, Jr., who presided over the Holmes trial in Arapahoe County. Judge Samour’s order apparently was a model for what the Second Judicial District eventually issued as the Plaza Order.

On cross-examination, Steadman confirmed that the Plaza Order was intended specifically to address the protests that might erupt if Holmes and Lewis were treated differently with respect to the death penalty. Steadman admitted, however, that his office could require several hours’ notice between the announcement that the jury had reached a verdict and the actual reading of the verdict, which would permit a police presence to assemble in anticipation of protests. Steadman also admitted that nothing like the Plaza Order had been in place or enforced prior to August 14, 2015, and that passing out jury nullification literature did not present any security risk beyond what the Second Judicial District has tolerated, without incident, since the Courthouse opened.

III. ANALYSIS

A. Article III Standing

As mentioned previously, Denver has stipulated with Plaintiffs that it will not enforce any prohibition on distributing jury nullification literature on the Courthouse Plaza. Specifically, Denver has stipulated that

Plaintiffs who wish to engage in peacefully passing out jury nullification literature to passersby on the Plaza are entitled to do so and that Denver, through its police or sheriff department, will not arrest or otherwise charge Plaintiffs for handing out literature regarding jury nullification so long as Plaintiffs do not violate Colorado law or Denver’s Revised Municipal Code when they are handing out their literature. The parties stipulate that Plaintiffs’ proposed intent of peacefully handing out jury nullification literature to or discussing jury nullification with passersby at the Plaza, without more, does not violate Colorado law. . .

***

. . . Denver stipulates that it does not intend to enforce the [Plaza] Order as written and will only impose content and viewpoint neutral reasonable time, place and manner restrictions on the use of the Plaza, and/or other exterior areas surrounding the Plaza if Denver determines that a compelling need exists to do so.

(ECF No. 23 ¶¶ 2, 4.)

?Given this stipulation, the Second Judicial District argues that Plaintiffs lack Article III standing to bring this lawsuit because no threat of enforcement is imminent. (ECF No. 24 at 6–8.) See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992) (“the irreducible constitutional minimum of standing” includes, among other things, an “actual or imminent” “invasion of a legally protected interest”); Dias v. City & Cnty. of Denver, 567 F.3d 1169, 1176 (10th Cir. 2009) (to obtain prospective relief, a plaintiff must show a “credible threat of future prosecution”). As stated at the preliminary injunction hearing, however, the Court rejects this contention.

The Second Judicial District’s standing argument assumes that the only way an individual could run afoul of the Plaza Order is through Denver’s independent enforcement efforts. But Chief Judge Martinez, and perhaps any other judge in the Second Judicial District, could issue a contempt citation for violating the Plaza Order. Cf. Schmidter v. State, 103 So. 3d 263, 265–69 (Fla. Dist. Ct. App. 2012) (distributor of FIJA literature convicted of contempt for violating an administrative order similar to the Plaza Order). The violator would then be required to appear before the issuing judge, and if he or she fails to appear, an arrest warrant can issue. See Colo. R. Civ. P. 107(c). Denver may then be obligated to arrest the violator —not on the authority of the Plaza Order, but on the authority of the judge’s contempt citation. See id. (requiring the sheriff to carry out the arrest). The Court takes judicial notice of the fact that Colorado state law enforcement officers, not subject to Denver’s stipulation, could also effect the arrest of such a hypothetical violator.

Thus, the Court finds that Article III standing still exists, and the Court will move on to the elements Plaintiffs must establish to secure a preliminary injunction. To repeat, those elements are: (1) likelihood of success on the merits; (2) irreparable injury if the injunction is denied; (3) the threatened injury outweighs the injury the opposing party will suffer under the injunction; and (4) the injunction would not be adverse to the public interest. Westar Energy, 552 F.3d at 1224.

?B. Likelihood of Success

Evaluating the likelihood of success requires evaluating the substantive merit of Plaintiffs’ claim that the First Amendment grants them a right to discuss and distribute pamphlets about jury nullification with individuals entering and leaving the Courthouse. To answer this question, the Supreme Court prescribes the following analysis:

1. Is the expression at issue protected by the First Amendment? ?

2. If so, is the location at issue a traditional public forum, a designated public ?forum, or a nonpublic forum? ?

3. If the location is a traditional or designated public forum, is the ?government’s speech restriction narrowly tailored to meet a compelling state interest? ?

?4. If the location is a nonpublic forum, is the government’s speech restriction reasonable in light of the purpose served by the forum, and viewpoint neutral?

See Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788, 797–806 (1985). The Court will address these inquiries in turn.

1. Does the First Amendment Protect Plaintiffs’ Pamphlets and Oral Advocacy of the Message Contained in the Pamphlets?

The Court “must first decide whether [the speech at issue] is speech protected by the First Amendment, for, if it is not, we need go no further.” Id. at 797. There appears to be no contest on this point. The Second Judicial District has raised no argument that any part of the message conveyed by the pamphlets is unprotected by the First Amendment. Accordingly, the Court deems it conceded for preliminary injunction purposes that Plaintiffs are likely to succeed on the question of whether the First Amendment protects their message.

2. Is the Courthouse Plaza a Public Forum?

The Court must next decide whether the Courthouse Plaza—and the Restricted Area specifically—is a public or nonpublic forum:

. . . the extent to which the Government can control access [to government property for expressive purposes] depends on the nature of the relevant forum. Because a principal purpose of traditional public fora is the free exchange of ideas, speakers can be excluded from a public forum only when the exclusion is necessary to serve a compelling state interest and the exclusion is narrowly drawn to achieve that interest. Similarly, when the Government has intentionally designated a place or means of communication as a public forum speakers cannot be excluded without a compelling governmental interest. Access to a nonpublic forum, however, can be restricted as long as the restrictions are reasonable and are not an effort to suppress expression merely because public officials oppose the speaker’s view.

Id. at 800 (citations and internal quotation marks omitted; alterations incorporated).

?The public/nonpublic inquiry presents a unique dilemma in this case. On the one hand, Denver’s stipulation with Plaintiffs includes the following: “The Lindsey-Flanigan plaza . . . which is located between the Van Cise-Simonet Detention Center and the Lindsey-Flanigan courthouse is a public forum and any content-based regulations must be narrowly drawn to effectuate a compelling state interest . . . .” (ECF No. 23 ¶ 1 (emphasis added).) On the other hand, the Second Judicial District strong ly disagrees:

. . . Plaintiffs assert that the courthouse plaza is a traditional public forum, and therefore maintain that Chief Judge Martinez’s administrative order must be strictly scrutinized. As a matter of state law, however, Chief Judge Martinez— and not Denver—is responsible for the oversight of the courthouse and the adjoining grounds. Thus, any concession on this point by Denver binds neither the parties nor this Court.

(ECF No. 24 at 8.) Apparently a minor turf war has erupted between Denver and the Second Judicial District over control of the Courthouse grounds.

When asked at the preliminary injunction hearing regarding the “state law” that gives Chief Judge Martinez “responsib[ility] for the oversight of the courthouse and the adjoining grounds,” counsel for the Second Judicial District directed the Court to Colorado Revised Statutes § 13-3-108(1). That subsection reads: “The board of county commissioners in each county shall continue to have the responsibility of providing and maintaining adequate courtrooms and other court facilities including janitorial service, except as otherwise provided in this section.” Neither this language, nor anything else in § 13-3-108, appears to relate to a chief judge’s authority over courthouse policies or courthouse grounds.

?Counsel for the Second Judicial District also pointed this Court to State ex rel. Norton v. Board of County Commissioners of Mesa County, 897 P.2d 788 (Colo. 1995) (“Mesa County”). In Mesa County, the county commissioners defied an order from the Twenty-First Judicial District’s chief judge requiring additional security measures at the county courthouse. See Mesa County, 897 P.2d at 789. The county commissioners further announced their intent to stop providing support of any kind to the Twenty-First Judicial District, arguably in violation of § 13-3-108(1) (quoted above), Colorado Revised Statutes § 13-1-114(2) (requiring county sheriffs to assist the judiciary when the judiciary perceives a “risk of violence in the court”), and Colorado Revised Statutes § 30-11-104(1) (requiring each county to “provide a suitable courthouse”). See id. The county commissioners believed that Colorado’s constitutional Taxpayers’ Bill of Rights allowed the county to disregard the foregoing statutes because they created an impermissible “subsidy” to the court system. Id. at 789–90. The Colorado Supreme Court rejected the county commissioners’ position and held that counties’ statutory duties toward the court system are not “subsidies” under the Taxpayers’ Bill of Rights. Id. at 791.

The Mesa County decision highlights the relationship between counties and the state courts that sit within them. It emphasizes county sheriffs’ duties to assist judges in preventing “violence in the court.” Colo. Rev. Stat. § 13-1-114(2). It does not support the Second Judicial District’s notion that it controls and can speak for the status of the Courthouse grounds.

Finally, counsel for the Second Judicial District cited this Court to In re Court Facilities for Routt County, 107 P.3d 981 (Colo. App. 2004) (“Routt County”). Routt County held that, under certain circumstances, a state judicial district’s chief judge has inherent authority to order the board of county commissioners to design and pay for a new courthouse. Id. at 984. Quoting Peña v. District Court, 681 P.2d 953, 956 (Colo. 1984), Routt County relied on the notion that “courts necessarily possess certain inherent powers, which . . . consist of ‘all powers reasonably required to enable a court to perform efficiently its judicial functions, to protect its dignity, independence, and integrity, and to make its lawful actions effective.’” Routt County, 107 P.3d at 984.

Both Routt County and Peña specifically address the Colorado judiciary’s inherent authority to order another state or municipal entity to spend money on the judiciary’s behalf. That power is not at issue here. Nonetheless, the inherent authority described in Routt County and Peña could conceivably also extend to entering orders such as the Plaza Order. The ultimate question, however, is whether Denver or the Second Judicial District speaks for the First Amendment status of the Courthouse Plaza. For at least three reasons, the Court concludes that Plaintiffs are likely to prevail against the Second Judicial District on that question.

First, counsel for the Second Judicial District agrees that Denver owns the Courthouse itself and all of its grounds.

Second, counsel for the Second Judicial District further stated that there was no lease agreement of which he was aware between Denver and the Second Judicial District. Rather, the Second Judicial District occupies the Courthouse “as provided by law.”

?Third, it is undisputed that the Second Judicial District is not the Courthouse’s sole occupant. Denver County Court also sits in the Courthouse. Denver County Court is unique among county courts in Colorado because the Colorado Constitution grants Denver the authority to set the “number, manner of selection, qualifications, term of office, tenure, and removal of [its] judges.” Colo. Const. art. VI, § 26. Moreover, a Chief Justice Directive from the chief justice of the Colorado Supreme Court states that “[t]he chief judge of the Second Judicial District shall not have administrative authority over the Denver County Court.” CJD 95-01, Preamble (amended Aug. 17, 2012), available at https://www.courts.state.co.us/Courts/Supreme_Court/Directives/95-01amended8-17-12.pdf. Thus, there are two distinct judicial bodies operating in the Courthouse, and the Second Judicial District apparently cannot speak for both.

For all these reasons, the Court finds that Plaintiffs are likely to prevail in their contention that Denver controls and speaks for the Courthouse Plaza. 4 Because Denver has stipulated that the Courthouse Plaza is a public forum, Plaintiffs are likewise likely to prevail in their claim that the Courthouse Plaza is at least a designated public forum, if not a traditional public forum. See Cornelius, 473 U.S. at 800. 5

Moreover, the Court notes that the Second Judicial District has not specif ically argued for a finding that the Courthouse Plaza is a nonpublic forum. Rather, it says that “resolving [the type of forum at issue] is not necessary for the purposes of this proceeding because [the Plaza Order] would satisfy even the strictest test.” (ECF No. 24 at 9.) Thus, the Court turns to the question of whether the Plaza Order can survive a strict scrutiny analysis. 6

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4 Ultimately, a Colorado state court may need to resolve this question. See, e.g., CJD 95-01 ¶ 15 (“Any disputes arising from the exercise of the authority described in this directive shall be resolved by the Chief Justice.”). In this posture, however, the Court need only conclude that Plaintiffs are likely to succeed.

5 If the Courthouse Plaza is indeed a public forum, it would be unique in that respect. The parties have not cited, nor could the Court find, a single case in which courthouse grounds were deemed a public forum. Cf. Huminski v. Corsones, 396 F.3d 53, 90–91 (2d Cir. 2005) (courthouse grounds not a public forum); Sammartano v. First Judicial Dist. Court, 303 F.3d 959, 966 (9th Cir. 2002) (same), abrogated on other grounds by Winter v. NRDC, 555 U.S. 7 (2008); Comfort v. MacLaughlin, 473 F. Supp. 2d 1026, 1028 (C.D. Cal. 2006) (same); Schmidter, 103 So. 3d at 270 (same).

6 The ensuing analysis assumes, of course, that the Second Judicial District may attempt to enforce the Plaza Order through its own contempt power. If such power did not exist, there would likely be no reason to scrutinize the Plaza Order under any constitutional standard given Denver’s control over the Plaza and its stipulation not to interfere with Plaintiffs’ intended activities. (See Part III.A, supra.)
—————

3. Is the Plaza Order Narrowly Tailored to Serve a Significant Government Interest, and Does it Leave Open Ample Alternative Means of Communication?

“In [a] quintessential public forum[], the government may not prohibit all communicative activity.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983); see also id. at 46 (holding that the government may un-designate a designated public forum, but until it does so, “it is bound by the same standards as apply in a traditional public forum”). The state may, however, “enforce regulations of the time, place, and manner of expression which [1] are content-neutral, [2] are narrowly tailored to serve a significant government interest, and [3] leave open ample alternative channels of communication.” Id. The Court will address each element in turn as it applies to the Plaza Order.

a. “Content-Neutral”?

The Plaza Order applies “without regard to the content of any particular message, idea, or form of speech.” (ECF No. 25-1 at 1.) On its face, then, it appears content-neutral. Plaintiffs have not argued otherwise.

b. “Narrowly Tailored to Serve a Significant Government Interest”

The Plaza Order itself asserts several interests:

. . . to minimize activities which unreasonably disrupt, interrupt, or interfere with the orderly and peaceful conduct of court business in a neutral forum free of actual or perceived partiality, bias, prejudice, or favoritism; to provide for the fair and orderly conduct of hearings and trials; to promote the free flow of pedestrian and vehicular traffic on sidewalks and streets; and to maintain proper judicial decorum . . . .

(Id.) However, in response to Plaintiffs’ Motion, the Second Judicial District has only defended the Plaza Order on the bases of preserving “the efficient functioning of the court” (e.g., unhindered ingress and egress to the Courthouse) and “maintain[ing] public safety.” (ECF No. 24 at 12.)

These are potentially “significant” government interests. Legitimate time-place- manner restrictions in a public forum can be motivated by “objectives [such as] public safety, accommodating competing uses of the easement, controlling the level and times of noise, and similar interests.” First Unitarian Church of Salt Lake City v. Salt Lake City Corp., 308 F.3d 1114, 1132 (10th Cir. 2002). But the Court finds on this record that Plaintiffs are likely to succeed in proving that the Plaza Order is not narrowly tailored to these stated objectives. Paragraph 1 of the Plaza Order bans essentially all expressive activity regardless of whether it would affect “the efficient functioning of the court” or threaten “public safety.” Courts look dimly on such “First Amendment Free Zones.” See Bd. of Airport Comm’rs of City of Los Angeles v. Jews for Jesus, Inc., 482 U.S. 569, 574 (1987); First Unitarian, 308 F.3d at 1132.

Moreover, in the Second Judicial District’s briefing (see ECF No. 24 at 12) and at the preliminary injunction hearing, it became clear that the sole motivating concern behind the Plaza Order was potentially violent protests that could follow if Dexter Lewis receives the death penalty. Steadman, the Second Judicial District’s witness, agreed that other measures could address that concern, e.g., he could arrange for additional security well in advance of any verdict announcement. He also agreed that Plaintiffs’ activities posed no greater threat to the Courthouse than it has faced in the last five years, when expressive activities have been unrestricted. Thus, the Court finds that Plaintiffs will likely demonstrate that at least Paragraph 1 of the Plaza Order is not narrowly tailored to serve the interests of maintaining public safety and the efficient functioning of the court.

c. “Leave Open Ample Alternative Channels of Communication”

Given the foregoing finding, inquiry into the alternative channels of communication is unnecessary. 7 The Court accordingly holds that Plaintiffs are likely to succeed in defeating at least Paragraph 1 of the Plaza Order under the strict scrutiny test applied to public forums.

————
7 The Court nonetheless notes Plaintiffs’ argument at the preliminary injunction hearing that their advocacy requires person-to-person contact because the concept of jury nullification is obscure and does not lend itself well to pithy slogans that can easily be chanted or placed on a placard (and therefore understood from a distance). Plaintiffs’ counsel could not cite this Court to any authority holding that those wishing to advocate complicated or lesser understood concepts receive more solicitude than others when it comes to available channels of communication. To the contrary, the case law suggests that the government can more easily restrict person-to-person interaction because of its potential for harassment. See, e.g., Madsen v. Women’s Health Ctr., Inc., 512 U.S. 753, 773–74 (1994). The Court need not resolve the issue at this time, but only raises it as a matter of potential concern as this case progresses.
————

?C. Irreparable Injury

“[T]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Heideman v. S. Salt Lake City, 348 F.3d 1182, 1190 (10th Cir. 2003) (internal quotation marks omitted). Moreover, the Second Judicial District offers no response to Plaintiffs’ irreparable injury argument. Accordingly, the Court finds that Plaintiffs will be irreparably injured absent a preliminary injunction.
?
D. Balancing of Interests

The injury to a plaintiff deprived of his or her First Amendment rights almost always outweighs potential harm to the government if the injunction is granted. See Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012); ACLU v. Johnson, 194 F.3d 1149, 1163 (10th Cir. 1999). And again, the Second Judicial District offers no response to Plaintiffs’ argument that the balance of interests tips in their favor. Accordingly, the Court finds that the balance indeed tips in Plaintiffs’ favor, although the Court will issue the narrowest injunction possible so that the Second Judicial District is not unduly restrained in its ability to maintain safety and proper judicial functioning. (See Part III.F, infra.)?

E. Public Interest

Finally, as with irreparable injury and balancing of interests, it is almost always in the public interest to prevent a First Amendment violation. See Awad, 670 F.3d at 1132; Johnson, 194 F.3d at 1163. The Second Judicial District does not argue otherwise. The Court therefore finds that a narrowly drawn injunction would be in the public interest.

?F. Scope of Injunctive Relief

The Court will enter a preliminary injunction in favor of Plaintiffs. However, the Court will not grant an injunction as broad as Plaintiffs’ counsel requested at the preliminary injunction hearing. Plaintiffs’ counsel requested an injunction stating that their message and form of advocacy is protected speech, supposedly to protect against any other government agency that might try to silence them. But the Court cannot say (on this record at least) that Plaintiffs’ message and form of advocacy is always protected speech under all circumstances. In addition, an injunction must run against a party—this Court cannot enter an injunction against the world at large. See, e.g., Fed. R. Civ. P. 65(d)(2) (describing persons bound by an injunction). If Plaintiffs believe that a particular government agency is likely to attempt to silence them, they need to join that agency as a party and satisfy the preliminary injunction as against that agency. 8

Further, although Plaintiffs apparently seek to strike down the entire Plaza Order as unconstitutional, the Court will limit its injunction only to certain portions of the Plaza Order. As counsel for the Second Judicial District pointed out at the preliminary injunction hearing, the Plaza Order applies both inside and outside the Courthouse, but Plaintiffs have only challenged its restrictions outside the Courthouse. Accordingly, the Court will not disturb the Plaza Order as it operates inside the Courthouse.

In addition, the Court notes the Landscaping and Gravel Area in the East Restricted Area. Although no party discussed the scope of a potential injunction in these specific areas, the Court assumes for present purposes that Denver did not intend its public forum stipulation to authorize Plaintiffs to tramp through the Landscaping or the Gravel Area, both of which are ultimately designed for the Courthouse’s security. The Court therefore will not enjoin the operation of the Plaza Order as it applies to the Landscaping and Gravel Area.

The Court also notes that Plaintiffs have specifically alleged their intent to distribute and discuss the two pamphlets attached to their original complaint, “Fresh Air for Justice” (ECF No. 1-3) and “Your Jury Rights: True or False?” (ECF No. 1-4). At the preliminary injunction hearing, counsel for Plaintiffs reemphasized that these two pamphlets form the basis of what they wish to discuss. The Court will therefore limit its injunction to distribution of those specific pamphlets and oral advocacy of the message contained in those pamphlets.

Finally, only Paragraph 1 of the Plaza Order is truly at issue here. Plaintiffs have not challenged the Second Judicial District’s authority to prevent obstruction of the entryways (Paragraph 2), to prohibit the erection of structures (Paragraph 3), or to restrict sound amplification equipment (Paragraph 4). Thus, the Court will limit the injunction to Paragraph 1 of the Plaza Order. 9

————
8 Plaintiffs’ counsel expressed some concern that the Denver District Attorney’s office had been involved in the arrest of Brandt and Iannicelli and that the DA’s office might continue to pursue similar prosecutions. But Plaintiffs have not joined the DA’s office as a party, and in any event, in light of Denver’s stipulation with Plaintiffs, it is questionable whether the Denver Police Department would execute any arrest warrant based on Plaintiffs’ activities.

9 A party awarded a preliminary injunction normally must “give[] security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.” Fed. R. Civ. P. 65(c). The Tenth Circuit has held that “a trial court may, in the exercise of discretion, determine a bond is unnecessary to secure a preliminary injunction if there is an absence of proof showing a likelihood of harm.” Coquina Oil Corp. v. Transwestern Pipeline Co., 825 F.2d 1461, 1462 (10th Cir. 1987) (internal quotation marks omitted). The Second Judicial District has not put forth any evidence of a likelihood of harm, nor has it argued that Plaintiffs should be required to post a bond. Having considered the issue sua sponte, the Court determines that a bond is unnecessary in light of the lack of likely harm to the Second Judicial District, and in light of the nature of the case. Cf. 11A Charles Alan Wright et al., Federal Practice & Procedure § 2954 n.29 (3d ed., Apr. 2015 update) (citing public rights cases where the bond was excused or significantly reduced).
————

IV. CONCLUSION

For the reasons set forth above, the Court ORDERS as follows:

1. Plaintiffs’ and Denver’s Stipulation (ECF No. 23) is ACCEPTED and shall be treated as if an order from this Court; ?

2. Plaintiffs’ Motion for Preliminary Injunction (ECF No. 2) is GRANTED; and ?

3. The City and County of Denver, its police chief, Robert C. White, in his official capacity, and the Second Judicial District (including their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with any of them) (collectively, “Defendants”) are PRELIMINARILY ENJOINED as follows (all capitalized terms bear the respective meanings assigned above): ?

a. Save for any Plaintiff physically located on the Landscaping or Gravel Area, Defendants shall not enforce Paragraph 1 of the Plaza Order against any Plaintiff (including any FIJA member) physically located in the Restricted Area to the extent he or she is otherwise lawfully seeking to distribute and/or orally advocate the message contained in the pamphlets titled “Fresh Air for Justice” and/or “Your Jury Rights: True or False?”

b. To the extent consistent with the foregoing prohibition, Defendants remain free to enforce Paragraphs 2–4 of the Plaza Order.

Dated this 25th day of August, 2015.

BY THE COURT:

William J. Martínez?
United States District Judge

I am being prevented from defending myself in Denver Municipal Court

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Haha. Black Power Rogue Blacklisted? Don’t they mean Micah Johnson was White-listed?


Propaganda hub Daily Beast has a bullshit article about how Dallas cop-killer Micah Johnson was blacklisted by black power groups. They mean “whitelisted” don’t they? It’s a laugh, but they interview a KEN MOORE of the COLLECTIVE BLACK PEOPLE’S MOVEMENT who claims a “tipster” asked him to vet Johnson for an unspecified black power organization. Moore uncovered a discharged-for-stealing-panties story (very likely another record fabricated by the DOD post-Dallas to distance themselves from Johnson) and returned a verdict of “unfit for recruitment” which Moore brags shut the modern Nat Turner out of the entire movement. Hmm.

Even if we are to believe that anti-establishment groups trust a clearinghouse to approve their members, Moore dropped this curiosity: As the Dallas shootings happened, the CBPM sent out an alert about the “non-sanctioned shooting” of cops. Are we to believe that Moore’s CBPM nows ahead of time which killings are “sanctioned”? No organization that talks to reporters or files tax returns can sanction killing, obviousy the CBPM informs for law inforcement. Ken Moore didn’t crawl out of the woodwork to talk to this reporter, the article states that as the Dallas shootings unfolded, Moore was speaking at a Black Lives Matter rally in Fort Worth TX.

Modern Nat Turner insures Dallas cops cannot assail Black lives with impunity

Chris DornerWas ANYBODY going to stop the unfettered lynching of people of color in America? Did President Obama ever deliver anything more than a eulogy? Few police officers are being convicted or even indicted. Videotaped killings of black men by lawmen have become so common, those disseminating the videos are being accused of harboring fetishes. People expressing offense online are being shamed for being clicktivists, though clearly the only fuels firing public outrage are the videos. Meanwhile Black Lives Matter spokespeople have become so jaded they ridicule the efficacy of street protests. And now everyone is condemning the lone direct action taker.

The killing of any human being is terrible, but the retaliatory killings of police in Dallas could have been prevented. Not by expecting minority communities to stomach further and unending extrajudicial assassinations, but by having police curb their racism and use of lethal force. Or of course by disbanding militarized police departments. Public officials can’t even broach that conversation. Do we expect the police state to dismantle itself?

Self-styled black revolutionary Micah Xavier Johnson, a typical PTSD-hardened Afghan vet, put “suicide by cop” to the service of his embattled community and avenged the deaths of Alton Sterling and Philando Castile. He didn’t shoot their actual killers, but he didn’t hit innocents either. Johnson targeted America’s systemic enforcers of inequity, hitting twelve police officers, five of whom have now died.

Let’s note those cops weren’t “protecting the first amendment rights” of a spontaneous protest of the Sterling and Castile murders, but were harassing and detering demonstrations. The officers could have chosen not to, and hopefully, their comrades in other cities, molesting other legal assemblies, may now choose to stand down, because now authoritarian bullying has come in the line of fire.

There is poetic justice for those who would decry “Blue Lives Matter”. If they’re going to pretend it, let them feel the oppressive threat of violence which black lives bear. For one evening, in a small corner of Dallas, Texas, police brutality faced a comeuppance.

For now Johnson’s act is being condemned as an atrocity, as a massacre even, though obviously his victims 1) met every standard of belligerent adversary, 2) were armed, and 3) outnumbered him. Let’s concede that Johnson is a credit to his military training. He confirms how our soldiers could so murderously rapage through our war zones against lesser equipped combatants. Johnson’s motive echoes that which provoked US atrocities overseas, seeking revenge against civilians, exacting collective punishment for deadly IEDs.

If we acknowledge the violence with which African Americans are oppressed, and the mendacity of its apologists and enablers, can we condemn violent resistance? International law accords oppressed peoples the human right to resist.

Slave rebellion leader Nat Turner is recognized today as a hero, but was exhaustively vilified in his day because he killed slave owners, indescriminate of old or young. Whites retaliated and killed many more blacks. More violence follwed from abolitionsists and Jayhawkers, all of it lamentable. But slavery didn’t end because we willed it.

Because this era’s history is written with erasers, our victors’ primary tool, Micah Johnson will probably never be praised for heroism.

Johnson will join fellow effaced cop-killer Christopher Dorner. A previous African American reservist vet who was immolated alive, killed instead of being apprehended, lest an investigation benefit from his testimony about why he could no longer bear LAPD corruption in 2013.

From Dorner’s “manifesto”, before Michael Brown, Ferguson and Baltimore:

“Those Caucasian officers who join South Bureau divisions (77th,SW,SE, an Harbor) with the sole intent to victimize minorities who are uneducated, and unaware of criminal law, civil law, and civil rights. You prefer the South bureau because a use of force/deadly force is likely and the individual you use UOF on will likely not report it. You are a high value target.

“Those Black officers in supervisory ranks and pay grades who stay in south bureau (even though you live in the valley or OC) for the sole intent of getting retribution toward subordinate caucasian officers for the pain and hostile work environment their elders inflicted on you as probationers (P-1?s) and novice P-2’s. You are a high value target.

You perpetuated the cycle of racism in the department as well. You breed a new generation of bigoted caucasian officer when you belittle them and treat them unfairly.

Mikah Johnson’s last words we only know through the spin of Dallas police, the same people who decided not to wait him out, nor to smoke him or gas him out from hiding in a public parking garage, but instead to send a robot with a bomb and M.O.V.E. his ass like every other black nationalist revolutionary.

No, you murdurous assholes, Johnson didn’t “want to kill all white people.” He wanted to kill white cops. Just like Dorner, he wasn’t a threat to the public, he was a threat to the police state. You cops ensured Mikah Johnson didn’t live to dictate “confessions” and you even obliterated his body like Osama bin Laden. Drawn and quartered essentially, to preclude memorializers being able to center on an idol to build a resistance.

You and I may grapple with what to think of Johnson’s personal rampage, but the state knew immediately his was the selfless heroism they fear most. As with bin Laden, they knew his apprehension must be terminal.

Lest I be misunderstood, I do not promote armed insurrection, sedition or murder. I cannot. But I will not condemn Micah Johnson.

I need not agrandize him either. Taken without his revolutionary ideology, Johnson was an ordinary mentally wounded veteran like many others. Homicidal vets with PTSD are at the core of our epidemic of police brutality. Our law enforcement teams are full of OIF and OEF soldiers who got their start shooting up cars at checkpoints and acting out racist genocide to their heart’s content.

It’s not a new problem, the US has always had active warzones feeding veterans into homelessness for those who couldn’t cope and filling government jobs for those who thrived. Beside policemanship, a very common job for discharged soldiers has always been the post office. Rembember the rampaging gunman problem we used to call “going postal?”

America’s racism problem may be transcended by a succession of church services, but class struggle is not a hearts and minds operation. Fascist rule and its army of the rich are not going to be wished away by militant nonviolence. That’s as likely as counting on the tooth fairy.

Worrying that acts like Johnson’s will provoke increased authoritarian repression is an expression of privilege provided by someone aclimated to a tolerable status quo, clearly a white perspective for whom black lives matter not enough.

Until all of us share the plight of the average Syrian refugee, trapped in our capitalist frontier war zones, none of us are shouldering an equitable burden of the police state.

That’s why it is more than black lives that matter. The middle class greivances of Occupy Wall Street are only a class removed from Black America’s suffering. We’re still talking about privileged Americans who support a grander racism that drives our global exploitation of all peoples.

I don’t have any faith that an arc of history bends toward justice in this corporate dark age. For my own sense of what’s right, it’s important to recognize Micah Johnson and Christopher Dorner for who they were, flawed, maybe very minor, aspiring Nat Turners, who wanted to strike against today’s slave masters and their brutal blue foremen.

Clarence Darrow and Jury Nullification

Clarence Darrow’s closing arguments in Leopold & Loeb resonates today in the Denver Urban Camping Ban and Jury Nullification Trials.
 
“You can trace it all down through the history of man. You can trace the burnings, the boilings, the drawings and quarterings, the hangings of people in England at the crossroads, carving them up and hanging them, as examples for all to see.”

Darrow continued:

“We can come down to the last century when nearly two hundred crimes were punishable by death, and by death in every form; not only hanging that was too humane, but burning, boiling, cutting into pieces, torturing in all conceivable forms.

I know that every step in the progress of humanity has been met and opposed by prosecutors, and many times by courts. I know that when poaching and petty larceny was punishable by death in England, juries refused to convict. They were too humane to obey the law; and judges refused to sentence. I know that when the delusion of witchcraft was spreading over Europe, claiming its victims by the millions, many a judge so shaped his cases that no crime of witchcraft could be punished in his court. I know that these trials were stopped in America because juries would no longer convict.

Gradually the laws have been changed and modified, and men look back with horror at the hangings and the killings of the past. What did they find in England? That as they got rid of these barbarous statutes, crimes decreased instead of increased; as the criminal law was modified and humanized, there was less crime instead of more. I will undertake to say, Your Honor, that you can scarcely find a single book written by a student, and I will include all the works on criminology of the past, that has not made the statement over and over again that as the penal code was made less terrible, crimes grew less frequent”.

Now in the year 2015, in Denver, Colorado we arrest a man for doing nothing more than informing the citizen of their rights, committing the crime of passing out a pamphlet explaining their rights as a juror. Mark Lanicelli was arrested and jailed for this crime.

The police arrest a man, woman or child, that have already suffered the humiliation of being homeless for the crime of falling asleep in public, something that every human must do. They call this law the “Camping Ban”. Along with being homeless, they are thrown into jail and given a criminal record.

The above two examples are crimes committed by the city of Denver against the citizens.

These crimes will end only when the people of Denver find their voice and say no to the prosecutors with Jury Nullification.

On Nikki Haley, calling for the Death Penalty

Let’s all grab our pitch forks, run around and find something to kill. There now! that should make us all feel better about what happened. If you listen to moron politicians like Nikki Halley, then you are the sucker she is counting on. “Kill Dylann”, there! problem solved.
 
It was reported by some news media, that Dylann wanted to start a race war, because he lost a girl he liked to another boy who happen to be black. Guess Dylann wasn’t keeping up with current events, there is already a race war in progress. You need only look at the fact that he is still alive, after the horrific crime he is suspected of, while many, many black men, women and children are dead, committing no crime at all.

The number of these racially motivated crimes by the police are hidden for fear the citizens will see the true nature of their “Protect and Serve” law enforcement. Here are some facts;

1. The NRA; Since 1998, the NRA has spent $28.2 million on lobbying in Washington and employed between 16 and 35 lobbyists in any given year.

2. While The Bureau of Justice Statics does not provide the annual number of arrest-related deaths by race or ethnicity, a rough calculation based on its data shows that black people were about four times as likely to die in custody or while being arrested than whites.

3. Black men were more than six times as likely as white men to be incarcerated in federal and state prisons, and local jails.

4. While people of color make up about 30 percent of the United States’ population, they account for 60 percent of those imprisoned.

I could provide more facts and figures, they are there for anyone wishing to see the truth. As for Nikki and her comments; She is the worst of politicians, she is only appealing to the emotions of the moment.

According to a March 29, 2011 Congressional Research Service report, Congress has approved a total of $1.283 trillion for military operations, this taxpayer money was spent to protect Americans from the “Terrorist”, you know, that brown skinned man who lives in some foreign land. While at home, in the USA, the “Terrorist” is protected by the second amendment.

“There have been at least 70 mass shootings across the country, with the killings unfolding in 30 states from Massachusetts to Hawaii. Thirty-three of these mass shootings have occurred since 2006. Seven of them took place in 2012 alone, including Sandy Hook”.

Mass shootings toll exceeds 900 in past seven years, we can now add another 9 people to that list.

How many tax dollars have been spent keeping guns out of the hands of the “American Terrorist?” ZERO. The NRA has made sure of this with their control of congress. It should be noted that the NRA supports the supply of weapons to both the American and Foreign “Terrorist”.

The NRA like most of American Corporations sole function is to make money, and they have now militarized the police across US in their effort to control the mass population as they awake from a long slumber.

We need to look past the Dylann’s of America and see the culture that created him and then put a gun in his hands. Dylann serves only as a symptom of a greater disease.

It’s time for a revolution.

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.

Accounting for IDF missing intelligence

The results of Israel’s self-investigation of the Mavi Marmara Massacre are in: surprise, the IDF commandos did no wrong, but were set back by a deficiency of intelligence. It’s what many of us were already thinking, but there’s another punchline which Israel invites by pairing the deadly raid with IDF “intelligence” assets gone missing.
Infiltrators aboard the Gaza Freedom Flotilla, seen on thermal video purporting to depict Israeli commandos being beat by Turkish peace activists
Six passengers of the humanitarian convoy are still unaccounted for. Rumors spread they may have been tossed off the ship, or languish in Israeli detention, but the trouble is, the six are also lacking for anyone missing them. Without friends or families registering concern, the convoy organizers can now deduce that the six were agents of Israel, who elected obviously to stay behind in Israel. Might this be because they were the principal provocateurs brandishing the pipes to give the IDF boarders pretext to fire upon the activists?

That would be a “pretext” in hindsight of course, because the record is emerging that the Israeli commandos were firing on the ship well in advance of attempting a boarding party. One of the objectives Israel had in detaining the activists was to prevent their account of the raid from reaching public eyes before the IDF could inundate Youtube with clips of what it planned to pretend had happened.

From the video spread round by the IDF, one gets the impression the Israeli soldiers were pummeled to within an inch of their lives. But in reality the soldiers emerged nearly unscathed. Is it possible the pipe-wielders were striking against the deck and serving also to keep the genuine activists at bay?

In fact the video footage which the activists succeeded in spiriting past their IDF jailers show the same scene devoid of what Israel described as a “lynch.” What may have looked like beatings, from Israel’s thermal camera aimed from beside the Marmara, did not register at all from up close. Curiously stealthy choreography.

While we look for the incriminating names, here are the US senators and congressmen who’ve signed on to letters drafted by AIPAC to show their support for Israel’s raid on the humanitarian convoy, and to urge President Obama to use the Security Council veto power to block any effort to investigate the killings.

Signatories to the Reid-McConnell Letter
on the Gaza Flotilla Incident

Total Number of Signatories: 85

As of June 18, 2010

Senator State Party
Alexander, Lamar TN R
Barrasso, John WY R
Baucus, Max MT D
Bayh, Evan IN D
Begich, Mark AK D
Bennet, Michael CO D
Bennett, Robert UT R
Bond, Christopher MO R
Boxer, Barbara CA D
Brown, Scott MA R
Brown, Sherrod OH D
Brownback, Sam KS R
Burr, Richard NC R
Burris, Roland W. IL D
Cantwell, Maria WA D
Cardin, Ben MD D
Carper, Tom DE D
Casey Jr., Bob PA D
Chambliss, Saxby GA R
Coburn, Tom OK R
Cochran, Thad MS R
Collins, Susan ME R
Conrad, Kent ND D
Corker, Bob TN R
Cornyn, John TX R
Crapo, Mike ID R
DeMint, Jim SC R
Dorgan, Byron ND D
Durbin, Richard IL D
Ensign, John NV R
Enzi, Mike WY R
Feinstein, Dianne CA D
Franken, Al MN D
Gillibrand, Kirsten NY D
Graham, Lindsey SC R
Grassley, Charles IA R
Hagan, Kay NC D
Hatch, Orrin UT R
Hutchinson, Kay Bailey TX R
Inhofe, Jim OK R
Inouye, Daniel HI D
Isakson, Johnny GA R
Johanns, Mike NE R
Johnson, Tim SD D
Kaufman, Ted DE D
Klobuchar, Amy MN D
Kohl, Herbert WI D
Kyl, Jon AZ R
Landrieu, Mary LA D
Lautenberg, Frank NJ D
LeMieux, George FL R
Levin, Carl MI D
Lieberman, Joseph CT I
Lincoln, Blanche AR D
Lugar, Richard IN R
McCain, John AZ R
McCaskill, Claire MO D
McConnell, Mitch KY R
Menendez, Bob NJ D
Mikulski, Barbara MD D
Murkowski, Lisa AK R
Murray, Patty WA D
Nelson, Ben NE D
Nelson, Bill FL D
Pryor, Mark AR D
Reed, Jack RI D
Reid, Harry NV D
Risch, Jim ID R
Roberts, Pat KS R
Schumer, Charles NY D
Sessions, Jeff AL R
Shaheen, Jeanne NH D
Shelby, Richard AL R
Snowe, Olympia ME R
Specter, Arlen PA D
Stabenow, Debbie MI D
Tester, John MT D
Thune, John SD R
Udall, Mark CO D
Vitter, David LA R
Voinovich, George OH R
Warner, Mark VA D
Whitehouse, Sheldon RI D
Wicker, Roger MS R
Wyden, Ron OR D

Colorado’s on board!

Signatories to the Poe-Peters Letter
on the Gaza Flotilla Incident

Total Number of Signatories: 292

As of June 21, 2010

House Member Party State
Ackerman, Gary D NY
Aderholt, Robert R AL
Adler, John D NJ
Akin, Todd R MO
Alexander, Rodney R LA
Altmire, Jason D PA
Andrews, Rob D NJ
Arcuri, Mike D NY
Austria, Steve R OH
Baca, Joe D CA
Bachmann, Michele R MN
Bachus, Spencer R AL
Barrett, Gresham R SC
Barrow, John D GA
Bartlett, Roscoe R MD
Barton, Joe R TX
Berkley, Shelley D NV
Berman, Howard D CA
Biggert, Judy R IL
Bilbray, Brian R CA
Bilirakis, Gus R FL
Bishop, Rob R UT
Bishop, Sanford D GA
Bishop, Tim D NY
Blackburn, Marsha R TN
Blunt, Roy R MO
Boccieri, John D OH
Boehner, John R OH
Bonner, Jo R AL
Bono Mack, Mary R CA
Boozman, John R AR
Boren, Dan D OK
Boswell, Leonard D IA
Boyd, Allen D FL
Brady, Kevin R TX
Brady, Robert D PA
Bright, Bobby D AL
Broun, Paul R GA
Brown, Corrine D FL
Brown, Henry R SC
Brown-Waite, Ginny R FL
Buchanan, Vern R FL
Burgess, Michael R TX
Burton, Dan R IN
Buyer, Steve R IN
Calvert, Ken R CA
Camp, Dave R MI
Campbell, John R CA
Cantor, Eric R VA
Cao, Anh “Joseph” R LA
Capito, Shelley Moore R WV
Cardoza, Dennis D CA
Carnahan, Russ D MO
Carney, Chris D PA
Carter, John R TX
Cassidy, Bill R LA
Castle, Michael R DE
Castor, Kathy D FL
Chaffetz, Jason R UT
Chandler, Ben D KY
Childers, Travis D MS
Coble, Howard R NC
Coffman, Mike R CO
Cohen, Steve D TN
Cole, Tom R OK
Conaway, Michael R TX
Cooper, Jim D TN
Costa, Jim D CA
Crenshaw, Ander R FL
Critz, Mark D PA
Crowley, Joseph D NY
Cuellar, Henry D TX
Culberson, John R TX
Davis, Artur D AL
Davis, Geoff R KY
Davis, Lincoln D TN
Davis, Susan D CA
DeLauro, Rosa D CT
Dent, Charlie R PA
Deutch, Ted D FL
Diaz-Balart, Lincoln R FL
Diaz-Balart, Mario R FL
Djou, Charles R HI
Donnelly, Joe D IN
Dreier, David R CA
Driehaus, Steve D OH
Ehlers, Vern R MI
Ellsworth, Brad D IN
Emerson, JoAnn R MO
Engel, Eliot D NY
Fallin, Mary R OK
Flake, Jeff R AZ
Fleming, John R LA
Forbes, Randy R VA
Foster, Bill D IL
Foxx, Virginia R NC
Frank, Barney D MA
Franks, Trent R AZ
Frelinghuysen, Rodney R NJ
Gallegly, Elton R CA
Garrett, Scott R NJ
Gerlach, James R PA
Giffords, Gabrielle D AZ
Gingrey, Phil R GA
Gohmert, Louie R TX
Goodlatte, Robert R VA
Gordon, Bart D TN
Granger, Kay R TX
Graves, Sam R MO
Grayson, Alan D FL
Green, Gene D TX
Griffith, Parker R AL
Guthrie, Brett R KY
Hall, John D NY
Hall, Ralph R TX
Halvorson, Debbie D IL
Hare, Phil D IL
Harman, Jane D CA
Harper, Gregg R MS
Hastings, Alcee D FL
Hastings, Doc R WA
Heinrich, Martin D NM
Heller, Dean R NV
Hensarling, Jeb R TX
Herger, Wally R CA
Herseth Sandlin, Stephanie D SD
Higgins, Brian D NY
Himes, Jim D CT
Hodes, Paul D NH
Holden, Tim D PA
Holt, Rush D NJ
Hoyer, Steny D MD
Hunter, Duncan D. R CA
Israel, Steve D NY
Jackson, Jesse, Jr. D IL
Jenkins, Lynn R KS
Johnson, Sam R TX
Johnson, Tim R IL
Jordan, Jim R OH
Kagen, Steve D WI
Kildee, Dale D MI
King, Peter R NY
King, Steve R IA
Kingston, Jack R GA
Kirk, Mark R IL
Kirkpatrick, Ann D AZ
Kissell, Larry D NC
Klein, Ron D FL
Kline, John R MN
Kosmas, Suzanne D FL
Kratovil, Frank D MD
Lamborn, Doug R CO
Lance, Leonard R NJ
Langevin, Jim D RI
Larsen, Rick D WA
Larson, John D CT
Latham, Tom R IA
LaTourette, Steven R OH
Latta, Bob R OH
Lee, Christopher R NY
Levin, Sander D MI
Lewis, Jerry R CA
Linder, John R GA
Lipinski, Daniel D IL
LoBiondo, Frank R NJ
Lowey, Nita D NY
Lucas, Frank R OK
Luetkemeyer, Blaine R MO
Lummis, Cynthia R WY
Lungren, Dan R CA
Mack, Connie R FL
Maffei, Dan D NY
Maloney, Carolyn D NY
Manzullo, Donald R IL
Marchant, Kenny R TX
Marshall, Jim D GA
Matheson, Jim D UT
McCarthy, Carolyn D NY
McCarthy, Kevin R CA
McCaul, Michael R TX
McClintock, Tom R CA
McCotter, Thaddeus R MI
McHenry, Patrick R NC
McIntyre, Mike D NC
McKeon, Howard “Buck” R CA
McMahon, Michael D NY
McMorris Rodgers, Cathy R WA
McNerney, Jerry D CA
Meek, Kendrick D FL
Mica, John R FL
Miller, Candice R MI
Miller, Gary R CA
Miller, Jeff R FL
Minnick, Walt D ID
Mitchell, Harry D AZ
Moore, Dennis D KS
Moran, Jerry R KS
Murphy, Patrick D PA
Myrick, Sue R NC
Nadler, Jerrold D NY
Neal, Richard D MA
Neugebauer, Randy R TX
Nunes, Devin R CA
Nye, Glenn D VA
Olson, Pete R TX
Ortiz, Solomon D TX
Owens, Bill D NY
Pallone, Frank D NJ
Paulsen, Erik R MN
Pence, Mike R IN
Perlmutter, Ed D CO
Peters, Gary D MI
Peterson, Collin D MN
Pitts, Joseph R PA
Platts, Todd R PA
Poe, Ted R TX
Polis, Jared D CO
Posey, Bill R FL
Price, Tom R GA
Putnam, Adam R FL
Quigley, Mike D IL
Radanovich, George R CA
Rehberg, Dennis R MT
Reichert, Dave R WA
Reyes, Silvestre D TX
Roe, Phil R TN
Rogers, Harold R KY
Rogers, Mike R MI
Rogers, Mike R AL
Rohrabacher, Dana R CA
Rooney, Tom R FL
Roskam, Peter R IL
Ros-Lehtinen, Ileana R FL
Ross, Mike D AR
Rothman, Steve D NJ
Royce, Ed R CA
Ruppersberger, C.A. Dutch D MD
Ryan, Paul R WI
Salazar, John D CO
Sanchez, Linda D CA
Sarbanes, John D MD
Scalise, Steve R LA
Schakowsky, Jan D IL
Schauer, Mark D MI
Schiff, Adam D CA
Schmidt, Jean R OH
Schock, Aaron R IL
Schwartz, Allyson D PA
Sensenbrenner, James R WI
Sessions, Pete R TX
Sestak, Joe D PA
Shadegg, John R AZ
Sherman, Brad D CA
Shimkus, John R IL
Shuler, Heath D NC
Shuster, William R PA
Simpson, Mike R ID
Sires, Albio D NJ
Skelton, Ike D MO
Slaughter, Louise D NY
Smith, Adrian R NE
Smith, Christopher R NJ
Smith, Lamar R TX
Space, Zack D OH
Spratt, John D SC
Stearns, Cliff R FL
Sullivan, John R OK
Sutton, Betty D OH
Teague, Harry D NM
Terry, Lee R NE
Terry, Lee R TX
Thompson, Glenn R PA
Thornberry, William R TX
Tiahrt, Todd R KS
Tiberi, Pat R OH
Titus, Dina D NV
Tonko, Paul D NY
Turner, Mike R OH
Upton, Fred R MI
Walden, Greg R OR
Wamp, Zach R TN
Wasserman Schultz, Debbie D FL
Waxman, Henry D CA
Weiner, Anthony D NY
Westmoreland, Lynn R GA
Whitfield, Edward R KY
Wilson, Joe R SC
Wittman, Rob R VA
Wolf, Frank R VA
Yarmuth, John D KY
Young, C.W. Bill R FL
Young, Don R AK

Flotilla not a Love Boat, it was a lynch, says Netanyahu, describing beating of IDF soldiers, not deaths of aid workers

What’s a lynch? I find it intriguing that Israel’s spin machine can drop an American pop culture reference like Love Boat, and simultaneously flub basic usage with “a lynch.” According to Israel, that describes what befell their crack-troop Mavi Marmara party-crashers. What does “a lynch” mean? Apparently someone feels at liberty to shorten Lynch Mob, or Lynching, to coin a new threat to Israel. But doesn’t it stretch credulity to imagine the IDF has never claimed to have been baited into an “ambush?”

Every modern military with a propaganda office, when it suffers a setback, attributes it to an ambush. When the US and Israel do it, it’s an attack; when our dastardly adversaries do it, it’s an ambush. Let’s set aside that the night watch on the Mavi Marmara’s deck might have been defending themselves. For the moment the IDF version of events is the only one Israel is allowing.

Ambush, trap, beating, getting jumped, wouldn’t these be appropriate descriptions for what Israel is asserting its night-vision video depicts? To lynch someone -it’s a verb- implies a hanging, extrajudicial, usually perpetrated by a crowd against a lone victim, unarmed. So where does the IDF get “lynch?”

To my mind, the Israeli-accented tender of “lynch” is feigned bad English, stuttered -I hope in shame- as perpetrator blames victim, but stuttered conveniently, to make the accusation less preposterous. Isn’t a rape victim who is too well versed in the crime perpetrated against her, less convincing than a victim who fumbles to comprehend the outrage she suffered? Poor Israel, its soldiers stepped into a, a, a lynch.

Emitted from military spokespeople however, one projects a reflexive followup “-that’s the ticket.”

I’m guessing grasping a straws like “lynch” is played for sympathy. And while I deconstruct the false unfamiliarity of otherwise precisely crafted English: PM Netanyahu’s mention of “Love Boat” had a bumbling Bush “the internets” ring to it. Anyone old enough to know the television show about the enchanted cruise ship knows there’s not “a Love Boat” but The Love Boat.

If the newly nouned “lynch” is intended to define a hate crime unique to anti-Semites, the motive fits with Israel’s insistence that first genocide, now holocaust, can only apply to Jews. Such an implication is aided by Netanyahu’s suggestion that the lynch was “plotted.” Because common understanding of mob misbehavior precludes a premeditated plot. This may reflect a naive dismissal of the responsibility of authorities who manipulated the lynch mobs and witch hunts, but dictionaries seldom chronicle the injustice of the victors who write the history. Conventional wisdom holds that lynchings were improvisational.

Perhaps the English speaking viewers are meant to associate the implicit racism of the term. Ambush after all doesn’t conjure the slightest whiff of antisemitism. But here’s where Israel’s liberal arts wordsmiths may have outsmarted themselves. While it’s true that thousands of African Americans were lynched through our nation’s history, to the average American who dwells not very often on shameful pasts, the definition of lynching encompasses simply an execution in lieu a trial. Even an unfair trial, or kangaroo court, can be called a lynching. A lynch mob is an enraged crowd meting vigilante justice, hanging high what to them is an indisputable wrongdoer. The overwhelming number of lynching victims in America’s lawless west were hunted criminals. While xenophobia may always have skewed the mob’s judgment against Indian, Chinese, Mexican, or Black, a lynching was not by definition about racial prejudice.

If the beating of the Israeli commandos illustrated a hatred, was it racist? One is meant to assume the motive was anti-Semitic, but I wonder if Arab-Israelies serving in the IDF, or foreign nationals or mercenaries, don’t garner antagonism as vociferous. The historic prejudice decried by ADL and holocaust remembrance stalwarts has been against Jews, but the world today reviles Israeli arrogance. The US has become universal despised, but American tourists are still assured the world hates America, not its people. It’s what we’re told, if even if it is untrue. I do not know of course if Israelis are proffered the same polite assurance.

Did Israel mean that the Freedom Flotilla was an attempted lynching of Israel’s international reputation? In that case, Israel’s predictable militant reaction made such a hanging a matter of assisted suicide. If the Israeli national character suffers irreparably, who’s going to be to bame?

Presuming to paint its soldiers into a lynching scene, which character does Israel assert they played? Were the IDF the horse thieves? Bandying about the connotations of lynchings makes for an interesting turning of the tables. Were the convoy defenders the ones pronouncing hasty judgment upon their dark-of-night assailants? Or were Israel’s commandos declaring themselves judge and jury on the alleged arms smugglers?

In cases of breaking and entering, the home field advantage is accorded the right to self-defense. A SWAT team might make the argument that identifying itself as law enforcement preempts a homeowner’s recourse to armed resistance, based on the principle that an arresting officer’s safety is inviolate. Israel may assert it was policing its border, but unfortunately last Monday it was operating beyond its border. What protection can a law enforcement function claim if outside its jurisdiction?

It might be well and good to say Israel reserves the right to protect itself from enemies anywhere in the world, but it can’t pretend its badge should command universal obeisance.

The Mavi Marmara had declared her intention to run Israel’s blockade, but hadn’t yet attempted the crossing. In fact the Freedom Flotilla was moving away from the contentious area at the time of Israel’s attack.

Who then was the victim of this “lynch?”

I’ll tell you why it’s lynch and not lynching. Because Israel’s soldiers weren’t killed, they were beaten. Not to diminish what might have been their adversaries’ worst intentions, but the gantlet the IDF commandoes received was not a hanging specifically, and not very effective in terms of proving fatal. On the other hand, the outcome was the killing of an as yet undisclosed multitude of civilians, unarmed to an extent that the killings can be defined as executions, the entire result already adjudged to have been a massacre.

Israel’s invention of “lynch” is an utterance which I believe betrays the sign of shame the world longs to see from Israel. Even as the public revels in watching the Israeli hubris on self-destruct, empathy has us hoping to see Israel grasp for its lost humanity. To describe the events on the Turkish passenger ship as a “lynch” is to fail to summon the chutzpah to bear false witness, to accuse the dead of capital murder. Neither does Israel dare to raise the specter that summary executions were committed that night at all.

There is a term to describe

a) Israel’s taking the law into its own hands by pirating a ship belonging to another nation while it sailed in international waters,

b) Israel’s soldiers not being a police force but an ideology-deputized posse,

c) opting in a confused fervor to punish outlaws thought to have been caught red handed,

d) issuing on the spot death sentences.

It’s called a mass lynching.

Betty White’s muffin on the boob tube

Which came first: the Snickers ad, the Facebook group, or SNL’s crowdsourced mandate to fete American sitcom icon Betty White? American as Apple Pie
To me this blonde’s netroots smack of a publicist’s hand, and White’s performance Saturday night all but validated SNL’s reluctance until now to spotlight the octogenarian’s one note routine. The SNL tribute could laud only her age, raising the specter that a proverbial domestic bread might have been named for her.

Betty White was a broadcast fixture, not a luminary. On the plus side, she hasn’t stooped to pitching life insurance on infomercials, although I suspect her screen persona lacked the gravitas. It does look like the Snickers “Divas” campaign wants to boost White’s brand recognition up to the visibility of its other stage and screen legends.

Of course Betty’s first name predates namesake archetypes of American comedy, but it’s no indication of her contribution. When a McGruber sketch had the title comic break character to wend an impassioned I Love You to grandmother White, I was horrified to predict that the actress’s persona had no stretch to stray from her signature negativity.

White may have begun her career in the age of the Honeymooners, but her caricatures belong squarely to the American sitcom as it devolved into cynicism. The high notes of Mary Tyler Moore and Golden Girls were achieved in spite of muddy cutouts like Betty White. The social relevance of every sitcom that followed was twilighted in my opinion by Oliver Stone’s brilliant parody of American television in Natural Born Killers.

Seeing Betty White on SNL reminded me of attending a celebration of another show business icon Shirley Jones. Both larger than life, both admirably spry, and both masters of well-honed chops, but we’re talking pork chops, with no more hue than the rosy cheeks of Paula Dean. Luminescent as they come, Jones could emote with a twinkle, but that didn’t make her Lena Horne. I know, apple pie is not an art medium.

Betty White can play the ditz or calculating shrew. Where else was SNL going to go with her but convalescent home vamp? I’m not sure the jokes made at the expense of her muffin weren’t clammier than Alec Baldwin’s Schweddy Balls. Hohoho, the ultimate promise of the boob tube.

Like surviving veterans of the wars quickly receding in our memories, White deserves honors rekindled with every new generation. Like the soldiers’ contributions, I’d say her deeds in particular were forgettable. We don’t ask our aging vets to reenact their killings. Bad jokes are worse than reenacted, they’re swung around afresh.

Leave Betty White to shill for candy bars, she’s part of America’s cultural pantheon and deservedly so. Laugh track optional.

DC Sniper John Allen Muhammad was early post-911 Muslim Avenger

john allen muhammad beltway sniperWhat morbid fortuity that as President Obama heads to Fort Hood to commemorate the victims of renegade Nidal Malik Hasan, preparations are being made for the execution of another Islamic avenger, the Beltway sniper. As Americans satiate their blood lust against Muslims in the person of John Allen Muhammad who is scheduled to die tonight by lethal injection, perhaps comparisons to Major Hasan will draw attention to the ideological motives behind the 2002 shooting spree. We don’t have to like them, but it would obviously pay us to listen.

Not to excuse the Washington DC killings, nor suggest that the Gulf War veteran and convert to Islam is any less a cold-blooded murderer, but TV crime shows have painted he and accomplice Lee Boyd Malvo as sadistic serial killers, completely burying the sociopolitical elements which tie the snipers to the Global War On Terror/Islam, the legacy of the African American struggle, and its extreme incarnation as the Black Liberation Army.

Muhammad maintains his innocence, primarily because the evidence implicating him remains circumstantial. He was convicted on the strength of partner Malvo’s testimony, and recently lost a Supreme Court appeal. In his testimony, Malvo described three phases to Muhammad’s murderous plans. First was to be the sniper killings, which the two calculated could claim six victims a day. Phase two involved plans to murder a policeman and set bombs at the site of his funeral, to claim an unprecedented toll of police casualties. With money extorted from the government in return for a cessation to the killings, Muhammad and Malvo planned to retreat to Canada, where they planned to build a Utopian community for other disenfranchised African American men, where they would be trained for bigger and more numerous missions against the US.

While I can understand US public figures having to distance themselves from Muhammad, I’m not sure why the organizations speaking out for US political prisoners weren’t showing their solidarity for his motives. Were Muhammad’s ambitions much different from the freedom fighters of the EZLN? Does the rejection of Muhammad reflect the post 9/11 pallor of insurrection in word only?

The case against Major Hasan proceeds apace with the usual unofficial press leaks. I heard reporters site sources who don’t want to be identified by name, in deference to the legal constraints of the ongoing investigation. The accusations they make against Hasan, however, for the benefit of the media outlets, reflects not a concern for Hasan’s due process, but rather their fear for getting themselves in trouble. But the media is eating it up.

War on Islam brought home to Ft Hood

Says President Obama of the Fort Hood shooting that claimed 12 US soldiers: “It is horrifying that they should come under fire at an Army base on American soil.” Where does Obama think we are killing our adversaries? On their home soil, actually the majority of them in their own homes, with their family members.

According to Army spokesmen at Ft Hood, the shooter has been identified as an Islamic-named man, Major Nidal Malik Hasan, himself now slain. Confusion persists among witnesses that there may have been several shooters, in part because the civilian police officer who shot the shooter was himself then killed.

How convenient the shooter bears a name that infers an al-Qaeda sleeper cell operative, and not a corn-fed PTSD case gone postal. Twelve soldiers lay dead, among them the killer. How do you know which it was. We have only the Army’s word, the Army which misreports, whether it’s fired a missile, whether it’s raped a village, or whether a whole truckload of female US soldiers has been blown to bits, but the Army believes it more prudent to tell the public about it one gal at a time. So why believe the Army?

I’m not going to suggest that Major Hasan’s body was kept on ice for just such an eventuality, but I do believe he is among the November 6 casualties of Ft Hood, and he may not be the triggerman at all. I believe the Army might have looked over the mess and decided that Hasan would make a far better villain than a good old Baptist jock. Who’s going to know the difference? This would certainly explain why witnesses and wounded cannot agree on who did the shooting.

His very Muslim name notwithstanding, the FBI is already telling the press that the Ft Hood killings were not terrorism. In an act of sheer Zionist defiance, NPR is second guessing that statement. They believe everything else they’re told, but when the government want to make sure that the public isn’t roused to acts of racist violence, NPR decides to be skeptical. In news reports tonight, they’re letting the audience decide for itself, if Major Hasan’s suicidal gunman mission wasn’t an act of terrorism.

Top 10 secret armies of the CIA

Found this on the web, will try to retrace provenance, worth a read: The United States have a well known history of providing military support to countries in need. But from time to time, the US Government has provided secret forces. While many are successful, there have also been a number of failures. This is a list of the ten top secret armies of the CIA.

1. Ukrainian Partisans
From 1945 to 1952 the CIA trained and aerially supplied Ukranian partisan units which had originally been organised by he Germans to fight the Soviets during WWII. For seven years, the partisans, operating in the Carpathian Mountains, made sporadic attacks. Finally in 1952, a massive Soviet military force wiped them out.

2. Chinese Brigade in Burma
After the Communist victory in China, Nationalist Chinese soldiers fled into northern Burma. During the early 1950s, the CIA used these soldiers to create a 12,000 man brigade which made raids into Red China. However, the Nationalist soldiers found it more profitable to monopolise the local opium trade.

3. Guatemalan Rebel Army
After Guatemalan president Jacobo Arbenz legalised that country’s communist party and expropriated 400,000 acres of United Fruit banana plantations, the CIA decided to overthrow his government. Guatemalan rebels were trained in Honduras and backed up with a CIA air contingent of bombers and fighter planes. This army invaded Guatemala in 1954, promptly toppling Arbenz’s regine.

4. Sumatran Rebels
In an attempt to overthrow Indonesian president Sukarno in 1958, the CIA sent paramilitary experts and radio operators to the island of Sumatra to organise a revolt. With CIA air support, the rebel army attacked but was quickly defeated. The American government denied involvement even after a CIA b-26 was shot down and its CIA pilot, Allen Pope, was captured.

5. Khamba Horsemen
After the 1950 Chinese invasion of Tibet, the CIA began recruiting Khamba horsemen – fierce warriors who supported Tibet’s religious leader, the Dalai Lama – as they escaped into India in 1959. These Khambas were trained in modern warfare at Camp Hale, high in the rocky mountains near Leadville, Colorado. Transported back to Tibet by the CIA operated Air American, the Khambas organised an army number at its peak some 14,000. By the mid-1960s the Khambas had been abandoned by the CIA but they fought on alone until 1970.

6. Bay of Pigs Invasion Force
In 1960, CIA operatives recruited 1,500 Cuban refugees living in Miami and staged a surprise attack on Fidel Castro’s Cuba. Trained at a base in Guatemala, this small army – complete with an air force consisting of B-26 bombers – landed at the Bay of Pigs on April 19, 1961. The ill-conceived, poorly planned operation ended in disaster, since all but 150 men of the force were either killed or captured within three days.

7. L’armee Clandestine
In 1962, CIA agents recruited Meo tribesmen living in the mountains of Laos to fight as guerrillas against Communist Pathet Lao forces. Called l’armee Clandestine, this unit – paid, trained, and supplied by the CIA – grew into a 30,000 man force. By 1975 the Meos – who had numbers a quarter million in 1962 – had been reduced to 10,000 refugees fleeing into Thailand.

8. Nung Mercenaries
A Chinese hill people living in Vietname, the Nungs were hired and organised by the CIA as a mercenary force, during the Vietnam war. Fearsome and brutal fighters, the Nungs were employed throughout Vietnam and along the Ho Chi Minh Trail. The Nungs proved costly since they refused to fight unless constantly supplied with beer and prostitutes.

9. Peruvian Regiment
Unable to quell guerrilla forces in its eastern Amazonian provinces, Peru called on the US for help in the mid-1960s. The CIA responded by establishing a fortified camp in the area and hiring local Peruvians who were trained by Green Beret personnel on loan from the US army. After crushing the guerrillas, the elite unit was disbanded because of fears it might stage a coup against the government.

10. Congo Mercenary Force
In 1964, during the Congolese Civil War, the CIA established an army in the Congo to back pro-Western leaders Cyril Adoula and Joseph Mobutu. The CIA imported European mercenaries and Cuban pilots – exiles from Cuba – to pilot the CIA air force, composed of transports and B-26 Bombers.

11. The Cambodian Coup
For over 15 years, the CIA had tried various unsuccessful means of deposing Cambodia’s left-leaning Prince Norodom Sihanouk, including assassination attempts. However, in March, 1970, a CIA-backed coup finally did the job. Funded by US tax dollars, armed with US weapons, and trained by American Green Berets, anti-Sihanouk forces called Kampuchea Khmer Krom (KKK) overran the capital of Phnom Penh and took control of the government. With the blessing of the CIA and the Nixon administration, control of Cambodia was placed in the hands of Lon Nol, who would later distinguish himself by dispatching soldiers to butcher tens of thousands of civilians.

12. Kurd Rebels
During the early 1970s the CIA moved into eastern Iraq to organize and supply the Kurds of that area, who were rebelling against the pro-Soviet Iraqi government. The real purpose behind this action was to help the shah of Iran settle a border dispute with Iraq favourably. After an Iranian-Iraq settlement was reached, the CIA withdrew its support from the Kurds, who were then crushed by the Iraqi Army.

13. Angola Mercenary Force
In 1975, after years of bloody fighting and civil unrest in Angola, Portugal resolved to relinquish its hold on the last of its African colonies. The transition was to take place on November 11, with control of the country going to whichever political faction controlled the capital city of Luanda on that date. In the months preceding the change, three groups vied for power: the Popular Movement for the Liberation of Angola (MPLA), the National Front for the Liberation of Angola (FNLA) and the National Union for the Total Independence of Angola (UNITA). By July 1975, the Marxist MPLA had ousted the moderate FNLA and UNITA from Luanda, so the CIA decided to intervene covertly. Over $30 million was spent on the Angolan operation, the bulk of the money going to buy arms and pay French and South African mercenaries, who aided the FNLA and UNITA in their fight. Despite overwhelming evidence to the contrary, US officials categorically denied any involvement in the Angolan conflict. In the end, it was a fruitless military adventure, for the MPLA assumed power and controls Angola to this day.

14. Afghan Mujaheedin
Covert support for the groups fighting against the Soviet invasion of Afghanistan began under President Jimmy Carter in 1979, and was stepped up during the administration of Ronald Reagan. The operation succeeded in its initial goal, as the Soviets were forced to begin withdrawing their forces in 1987. Unfortunately, once the Soviets left, the US essentially ignored Afghanistan as it collapsed into a five-year civil war followed by the rise of the ultra-fundamentalist Taliban. The Taliban provided a haven for Osama bin Laden and al-Qaeda, the perpetrators of the 9/11 terrorist attacks in 2001.

15. Salvadoran Death Squads
As far back as 1964, the CIA helped form ORDEN and ANSESAL, two paramilitary intelligence networks that developed into the Salvadoran death squads. The CIA trained ORDEN leaders in the use of automatic weapons and surveillance techniques, and placed several leaders on the CIA payroll. The CIA also provided detailed intelligence on Salvadoran individuals later murdered by the death squads. During the civil war in El Salvador from 1980 to 1992, the death squads were responsible for 40,000 killings. Even after a public outcry forced President Reagan to denounce the death squads in 1984, CIA support continued.

16. Nicaraguan Contras
On November 23, 1981, President Ronald Reagan signed a top secret National Security Directive authorising the CIA to spend $19 million to recruit and support the Contras, opponents of Nicaragua’s Sandinista government. In supporting the Contras, the CIA carried out several acts of sabotage without the Congressional intelligence committees giving consent – or even being informed beforehand. In response, Congress passed the Boland Amendment, prohibiting the CIA from providing aid to the Contras. Attempts to find alternate sources of funds led to the Iran-Contra scandal. It may also have led the CIA and the Contras to become actively involved in drug smuggling. In 1988, the Senate Subcommittee on Narcotics, Terrorism, and International Operations concluded that individuals in the Contra movement engaged in drug trafficking; that known drug traffickers provided assistance to the Contras; and that ‘there are some serious questions as to whether or not US officials involved in Central America failed to address the drug issue for fear of jeopardizing the war effort against Nicaragua’.

17. Haitian Coup
In 1988, the CIA attempted to intervene in Haiti’s elections with a ‘covert action program’ to undermine the campaign of the eventual winner, Jean-Bertrand Aristide. Three years later, Aristide was overthrown in a bloody coup that killed more than 4,000 civilians. Many of the leaders of the coup had been on the CIA payroll since the mid-1980s. For example, Emmanuel ‘Toto’ Constant, the head of FRAPH, a brutal gang of thugs known for murder, torture, and beatings, admitted to being a paid agent of the CIA. Similarly, the CIA-created Haitian National Intelligence Service (NIS), supposedly created to combat drugs, functioned during the coup as a ‘political intimidation and assassination squad.’ In 1994, an American force of 20,000 was sent to Haiti to allow Aristide to return. Ironically, even after this, the CIA continued working with FRAPH and the NIS. In 2004, Aristide was overthrown once again, with Aristide claiming that US forces had kidnapped him.

18. Venezuelan Coup Attempt
On April 11, 2002, Venezuelan military leaders attempted to overthrow the country’s democratically-elected left-wing president, Hugo Chavez. The coup collapsed after two days as hundreds of thousands of people took to the streets and as units of the military joined with the protestors. The administration of George W. Bush was the only democracy in the Western Hemisphere not to condemn the coup attempt. According to intelligence analyst Wayne Madsen, the CIA had actively organised the coup: ‘The CIA provided Special Operations Group personnel, headed by a lieutenant colonel on loan from the US Special Operations Command at Fort Bragg, North Carolina, to help organise the coup against Chavez.

Obama is no over-hyped Messiah

barack-obama-action-darth
Critics on both sides of Barack Obama’s premature Nobel Prize peddle the same cynical caricature of our new president, as messiah figure likely overburdened by our expectations. It’s a self-defeating setup that didn’t fool the Nobel panel. Obama is not Jesus, he’s Caesar.

I don’t mean to belittle the Son of God, but Obama’s throne has a far greater vantage point to deliver this world from the yoke of the evil empire. This year’s Nobel Peace Prize is a sort of Pay It Forward award to the man who holds the fate of so many in his hands.

You don’t have to believe Obama is the Second Coming, nor even that he’s a good man. So far he’s played Dubya’s apprentice to a tee. But what can you do? Obama’s vainglourious Basterds have everyone by the throat. The Afghans, the Iraqis, the Pakistanis, live but by the grace of his drones, or the whim of his rendition interrogator-torturers. American activists abut his militarized police, American sick expire while on hold with his third party death panels.

The Nobel Prize could be another medal to pretend this American Emperor heralds a break from injustice as the US redoubles wreaking havoc. Or, it could be mankind’s last best only hope to appeal, if not to Obama’s sense of humanity, to his vanity. Is the 2009 Nobel Laureate going to escalate killings and predations on the poor? The choice is Obama’s.

The growing criticism of Barack Obama’s record of inaction furthers the misconception that Obama is a mere figurehead, an affirmative action spokesman to give the US a kinder, gentler image. In fact, Obama sits in the little dictator’s seat. It’s lost no power since the days of Bush.

You might argue that Bush was mere Howdy Doody to powerful oligarchs behind the scenes. Obama may be pulled by the same strings. But unless the puppet masters choose to reveal themselves, a puppet can pretend they don’t exist. And a real flesh and blood man puppet can utterly efface them. I believe the Nobel committee is hoping to appeal to just that man.

Obama doesn’t need Congress, majority or no, nor the American People, nor the corporate media, to decide what he wants to do. He’s not stuck to overturning the tables of the money-changers, or leading by example by dying for us on a cross. Obama doesn’t have to render unto Caesar, he is Caesar. The most powerful there ever was, although I can’t think now if there ever was a good one. The Norse were in no position then to bait one with a peace prize. Here’s hoping.

ADDENDUM:
Barack and Michelle Obama sent out this response to the surprise honor, trying a little false flattery of their own. Here’s the last paragraph:

This award — and the call to action that comes with it — does not belong simply to me or my administration; it belongs to all people around the world who have fought for justice and for peace. And most of all, it belongs to you, the men and women of America, who have dared to hope and have worked so hard to make our world a little better.

Most of all, the men and women of America? Oh My Gosh Honey, Obama is talking about you and me.

Do we have a soft spot for mercenaries

Norwegian Tjostolv Moland sentenced to death in Kisangani, DRCIt’s damning photograph. I sought it out after hearing the story of the two Norwegian mercenaries condemned to death in the Congo for the murder of their Congolese driver. Was their black companion killed in an attempt to rob the white adventurers, as they tell it? US news outlets asked Tjostolv Moland’s mothers about the picture of her son, which showed him smiling as he wiped blood from the driver’s seat of their pickup. The mother dismissed it as bad timing, she though her son was probably caught off guard, laughing at a joke unrelated to his morbid task. Boy can Americans relate.

Other US newspapers speculated about a fabled Norwegian propensity to laugh at adversity. They also described Norwegian diplomats scrambling to save the two boys from the gallows. It’s true that Norway doesn’t have a death sentence, and therefore does not condone it elsewhere. Otherwise US and BBC portrayal of Norwegian concern for the two mercenaries seemed at odds with Norway’s usual determined pacifism, so I was eager to hear from my relatives there.

The scoop? Contrary to US and UK sentiments and their projection of Norwegian concerns, there is no domestic sympathy for the two wayward boys. None.

The Norwegian public has become well aware that Moland and partner Joshua French have been traveling the Congo as mercenaries, and have been involved in other killings as well. The fact that Congolese courts are trying to extort a large fine from the Norwegian government, based on the accusation of the two travelers being agents of Norway, is due to documents which the two forged to pretend they had active duty contact with the Norwegian military.

In Norway, military service is compulsory. Every Norwegian male has a record of military service. It helps that Norway rarely involves itself with acts of aggression, sanctioned by a fraternity of nations or not. And when soldiers of fortune like Moland and French set about rampaging in Africa, it behooves Norwegian authorities to ensure that their military is not implicated by association.

How fitting that US and UK listeners should presume a reflexive maternal instinct to protect the two white boys, set upon by angry African opportunists. The boys might be mercenaries, but America and Britain have lots of those overseas. Hired guns, paid assassins, professional killers, why quibble with words?

The laws of war grant little grace for mercenaries, but that’s not what English-speaking supporters of imperial expansion want to believe. Mercenaries in the Neocon vernacular are called private contractors. They’re just ordinary soldiers who’ve escaped the poor pay of military service, to the entrepreneurial ranks of war-making free enterprise.

Sept 11 – America Reaps What It Sows!

A post-911 perspective by Black Liberation Army prisoner of war Jalil Muntaqim.

U.S. International Warfare Initiates World War III Human Rights During Wartime
By Jalil A. Muntaqim

In the aftermath of the September 11, 2001, attack on the World Trade Center and Pentagon, Americans have displayed their true colors of jingoism, a militaristic spirit of nationalism. Similarly, it was witnessed how the people of Iraq rallied in support of their President, Saddam Hussein, after the U.S. bombed to death 250,000 Iraqis, and continued devastation of that country with collateral damage of 1 million dead women and children. Hence, people rallying in support of their government and representatives is a common phenomenon when a country is attacked by an outsider. The U.S. has been foremost in the world extending foreign policy of free-market economy, to the extent of undermining other countries cultures and ideologies expressed as their way of life. Such conflicts inevitably positions the U.S. as the centerpiece, the bulls-eye for international political dissent, as indicated by demonstrations against the U.S. controlled IMF, WTO and World Bank conferences. The attack on the World Trade Center and Pentagon did not occur in a vacuum. The people that carried out the attacks were not blind followers or robots with an irrational hatred of the U.S. peoples. Rather, this attack was part of an overall blowback to U.S. imperialist policy in support of zionist Israel and opposition to fundamentalist Islam.

There are essentially three primary world ideologies or world views: the capitalist free-market economy/democracy; the socialist production economy; and Islamic theocratic government, of which has been in competition for many decades. However, in the last 20 years the socialist economies has been severely subverted and co-opted by free-market economies, the ideals of American style democracy. This isolated, for the most part, Islamic theocratic ideology and system of government as the principle target of the U.S. in its quest for world hegemony. This reality of competing world views and economies is further complicated due to religious underpinning of beliefs that motivates actions, especially as they are expressed by U.S. and Western European christianity and Israel zionist judaism in opposition to Islam. From the struggles of the Crusades to the present confrontation, the struggle for ideological supremacy reigns, as the faithful continue to proselytize in the name of the Supreme Being.

When geopolitics are combined with religious fervor in the character of nationalist identity and patriotism, rational and logical thinking is shoved aside as matters of the moment takes historical precedents. It has often been said that “Truth Crush to the Earth Will Rise Again”. Since truth is relative to ones belief, can it be safely said that America has reaped what it has sowed? The American truth of capitalist christian democracy and its imperialist hegemonic aspirations has crushed both socialist and Islamic world views. It has extended its avaricious tentacles as the world police and economic harbinger of all that is beneficent, in stark denial of its history as a purveyor of genocides, slavery and colonial violence.

The U.S. was the first to use biological-germ warfare on people when it distributed blankets infected with smallpox to Native Americans; it has refused to apologize for Afrikan slavery acknowledging it engaged in a crime against humanity requiring reparations; it is the first and only country to use the atomic bomb on the people of Hiroshima and Nagasaki and intern thousands of Japanese and Italians in this country; it used carpet bombing and defoliates against the peoples of Vietnam; it has initiated embargoes, coup d’etats and assassinations against those it opposes, while propping-up right-wing military dictators; as well as continued military bombing of Vieques. In essence, the U.S. governments hegemonic goals has created the ire of millions of people throughout the world. While domestically, racial profiling, police killing and mass incarceration of Black and Brown people has eroded patriotic sentiments in opposition to white supremacy.

As America weeps and laments its loss, the public find itself joining the torn ranks of those whose heartaches beat opposing U.S. greed and international profiteering. The American public acquiesce to U.S. international folly has cause them to feel the economic pains of those who live daily in poverty. Indeed, Americans should brace for years of economic uncertainty, where the American ideal of freedom and liberty will resemble plight of those who live under the right-wing dictatorships the U.S. has supported. The tyranny suffered by others in the world as a result of U.S. imperialism, has come full circle to visit this country with the wrath of the U.S. own mechanization. Since the U.S. taught and trained right-wing military dictators in the School of the Americas, including the CIA training of Osama bin Laden in the Afghanistan proxy war against the Russians, it will be this same kind of terrorist activist that will be unleashed on American soil, as El-Hajj Malik Shabazz stated after the assassination of John Kennedy, a matter of the chicken coming home to roost. Therefore, American civil liberties and human rights are being garrotted by the yoke of the right-wing in the name of national security. The legalization of U.S. fascism was initiated with the war against political dissent (Cointelpro); the war against organized crime (RICO laws); the war against illegal drugs (plethora of drug laws) and now culminating in the war against terrorism with the American Joint Anti-Terrorist Taskforce and Office of Home Security, further extending police, FBI and CIA powers to undermine domestic civil liberties and human rights.

The U.S. Secretary of Defense, Donald Rumsfeld, recently stated that the U.S. need to create a new language in defining how to combat terrorism. This Orwellian propaganda in the media espouses the U.S. is venturing in a new type of warfare to defend the American way of life. However, what this double-speak propagates as a long-term and sustained initiative against terrorism is essentially a way of embellishing and enlarging U.S. counter-insurgency activity it has been engaged in since the advent of the Green Berets, Rangers, Delta Force and Navy Seals. The U.S. has been involved in counter-insurgency activity in Afrika, Latin America and Asia for decades. But due to the September 11, 2001, attack on U.S. soil, the government has seized the opportunity to offensively pursue left-wing revolutionaries and Muslim insurgents throughout the world. This U.S. military action extends and substantiates its position as the international police.

Since the establishment of the Trilateral Commission that initiated the process for the development of one world government, the U.S. has broaden its capacity to impose and enforce its will on oppressed peoples globally. The FBI and CIA has been operating in Europe, Afrika, Asia and Latin America establishing the long arm of U.S. law and order. Its bases of operations have conducted surveillance, investigations to arrest, prosecute or neutralize left-wing revolutionaries or Muslim insurgents. As the U.S. consolidates its political and economic influence throughout the world, it will seek to protect its overall hegemonic imperialist goals. After the Gulf War, and the air (bombing) campaign in Yugoslavia, the U.S. has employed its military might to ensure its foreign policy are achieved.

Because NATO has evolved into a European military entity that Russia is seeking to join, today, the U.S. has positioned itself beyond the mission of NATO. The U.S. now concentrates its military might in opposing Islamic countries (Iran, Iraq, Libya, Sudan, Afghanistan, Philippines, etc.) and those the U.S. deem as rogue nations (North Korea, Vietnam, Cuba, etc.). The new military initiatives will be directed to towards Southeast Asia as the secondary target, as it continues to direct the Middle East conflict to preserve its oil investments and zionist interest. As the U.S. expand its imperialist military mission, as seen with committing military troops in Uzbekistan to also protect oil interest in the Caspian Sea, it has sought to redefine itself by targeting what it identify as the terrorist thereat wherever in the world it might exist. Hence, with the employment of conventional warfare combined with counter-insurgency tactical activities, the U.S. has pronounced itself as the military guardian of the world.

Although, the U.S. states its actions are in its self-interest, in terms of what is euphemistically defined as defending the free world, the truth of the matter is this action is a prelude to evolving one world government with the U.S. as its governing authority. Once the Peoples Republic of China becomes a full member of the WTO, and North Korea and Vietnam has been compromised, with Russia becoming an ally of NATO, the U.S. political-military influence in the world will be consolidated. The U.S. geopolitical strategy is not confined to the present crisis in the aftermath of the September 11, 2001, attack and targeting Osama bin Laden as the world’s nemesis. Rather, the U.S. strategy is to preserve its capacity to establish one world government as originally envisioned by the Trilateral Commission.

Nonetheless, there are some serious obstacles to this hegemonic goal, of which the world of fundamentalist Islam has become the principle target. Here, it should be noted that Islam condemns suicide or the mass killings of women, children and non-combatant males. Yet, the U.S., Israel, western Europe, Russia, India and China all view Islam as the enemy. Although, there are over 1.2 billion Muslims in the world, the current alliance of economic interest headed by the U.S., are united to vanquish what they consider the growing menace of fundamentalist Islam. It is with this understanding of U.S. geopolitics one is able to comprehend why the U.S. has redefine its military mission, as opposition to globalization and U.S. imperialism metamorph into a political struggle without borders or territorial imperatives.

The ideological struggle between capitalist free-market economy and Islamic theocratic determinates has exploded into an international conflagration of insurgency with the potential of initiating World War III. The Islamic fundamentalist movements throughout the world has the potential to test the U.S. military, political and economic resolve as the world’s leader and authority of an one world government. With over 1.2 billion adherents, Islam has become a formidable foe to contend with for ideological supremacy in the world’s geopolitics. Even without discussing the religious (moral and ethics) aspects that motivates the geopolitics of Islam in opposition to U.S. imperialist hegemony, the call for Jihad/Holy War against the U.S. presents a serious threat that could precipitate WW-III. Therefore, the U.S. find it necessary to redefine its military mission, develop new language to codify warfare and legitimize its international political and economic purpose. Yet, many of the world’s oppressed peoples’ have already experienced U.S. military counter-insurgency tactics (Ethiopia, Somalia, Nicaragua, Guatemala, Chile, Congo, etc.), including parts of the Islamic world. No matter how or why the U.S. attempts to persuade Americans that it is entering a new type of warfare, in reality it is more of the same, only extending the military arena to further protect its authority to establish one world government.

However, the U.S. is not the homogeneous country that people are deluded into believing exist. Rather, the U.S. has been held together due its ability to exploit the world’s resources and distribute (unequally) the profits amongst its citizens with its culture of conspicuous consumption. But, the recent attack on the U.S., and its aftermath may very well lead to the untangling and unraveling of the U.S. fabric as has been witnessed with the USSR and Yugoslavia. In understanding this true history of U.S. imperialism, outside and within its borders, essentially tells a story of why U.S. imperialism has been and will continue to be attacked.

Ultimately, the U.S. will eventually find itself at war with itself, as the ideology of a free democratic society will be found to be a big lie. This is especially disconcerting as greater restrictions on civil and human rights are made into law eroding the First and Fourth Amendment of the U.S. Constitution. As during the Vietnam conflict, internal contradictions of racism, poverty and inequality will be exacerbated as a result of the U.S. military campaign and domestic undermining of civil and human rights. It is expected that strife in America will eventually become violent dissolving any semblance of the illusion of America the Beautiful. In anticipation of U.S. progressive activist opposing this claimed war against terrorism, the federal government will pass new laws to severely restrict protest, demonstrations and dissent. In the ’60s, U.S. progressive activists evolved the slogan “Bring the War Home!” – the question is what will be the slogan this time, now that the war has been brought home?

Free the Land!!

How long can the US and Mexico militarily occupy Ciudad Juarez?

Felipe CalderonCiudad Juarez is a city of 1,500,000 plus people directly opposite El Paso, Texas, and Presidente Fecal Calderon and his Gringo manager, US President Barack Obama, have occupied the city with 10,000 Mexican troops. In short, this is where and what the so-called ‘War on Drugs’ has ‘retreated’ to.

Sure military pacification works short term but not long term, as the examples of Lebanon, Somalia, Iraq, and Afghanistan, and Gaza so poignantly illustrate. So what happens when the troops are withdrawn, and they eventually must be? What happens then? See An Army Takeover Quells Violence in Mexico/ Drug Killings in Juarez Plummet, but Rights Complaints Surge

My guess is that they move on and occupy with troops yet other major cities in the years ahead. And eventually… voila! we have a situation much like that of Colombia. In other words, ‘the solution’ becomes the bigger problem.

Israeli government admits to having committed war crimes

Israel admits using white phosphorous in attacks on Gaza (on its attack on a UN sponsored school). This will bother Barack Obama about as much as his own military murdering civilians in Afghanistan does. Karzai Confirms: US Forces Killed 16 Civilians
Latest Civilian Killings by US Forces Spark Outrage Across War-torn Afghanistan

Lest anybody think that this is somehow an aberration and not representative of the face that the Barack regime will present to the world, Richard Holbrooke, a Clintonite/ Carterite Democratic Party retread elaborates on his opinion that the US government he is now the representative of will be fighting in Afghanistan longer than it did in Vietnam, all to be now under Barack Obama’s direction as US Commander in Chief. See Fata toughest challenge for Obama, says Holbrooke where he talks about Obama’s plans to continually be at war fighting against the peoples of Pakistan, as well as Afghanistan!

We still have a state of permanent US war on the books and that is the game plan under the man who claims to represent CHANGE. It’s the same old thing though, and the only change will be the economic depression that the Democratic Party policies have helped create will also be a happening for the US population in the coming years. ‘Change’ you won’t like.

A good part of Barack Obama’s war games will include yet more future use of Israeli war crimes, like the dropping of White Phosphorus on civilians inside the UN run school for children. Despite all the slick talk by Slick Obama, he doesn’t really give one hoot for human life. It really sickens me to hear folk claim to believe that the man is sincere and wants to make change happen, when it is so blatantly obvious that that simply is not the case. Barack and his Israeli war criminal friends plan on continuing the same Pentagon terrorism in pursuit of supremacy over their neo-colonies.

Documents show Clinton Administration funded Colombia’s death squad killings

US out of ColombiaBill Clinton presided over murdering off hundreds of thousands of Iraqis via economic warfare, the bombing of multiple civilian targets in Yugoslavia including TV stations, water treatment plants, and the Chinese Embassy, and also the financing of Colombia’s death squads where tens of thousands of Colombians were murdered. Barack Obama has given new jobs in government policy making to these same Democratic Party political hacks that made all this bloodshed happen back in the 1990s. See “Body count mentalities” for some of the Colombian story about Democratic Party promotion of war and torture abroad. This was D.C.’s war, too. It was the Democrats’ war.

Antiwar.com reports that ‘since at least 1990, U.S. diplomats were reporting a connection between the Colombian security forces and far-right drug-running paramilitary groups, according to the Washington-based National Security Archive (NSA). In the meantime, the U.S. State Department continued to regularly certify Colombia’s human rights record and to heavily finance its “war on drugs.” The declassified documents were published Jan. 7 by the NSA, a non-governmental research and archival institution located at the George Washington University that collects, archives, and publishes declassified U.S. government documents obtained via the Freedom of Information Act.’

That was all back when only Israel and Egypt were getting more U.S. ‘aid’ dollars than Colombia was. With the Gaza slaughter underway as I write, we can today see the results there, too, of all that US money. Barack Obama is not about to change a damn thing! He is not CHANGE.

Secret Documents Show US Aware of Colombian Army Killings in 1990s

STOP ISRAEL Sunday, January 18, 1PM

Sister City archWHAT IS IT GOING TO TAKE TO JOLT THE CONSCIENCE OF ISRAEL?!
IDF killings continue. Soldiers are being given “free-fire-zone” license!

Meet this weekend, SUN, Jan 18 at 1PM, Acacia Park, at the torii gate, a traditional site for antiwar protest.

The Shinto arch at Nevada Ave and Bijou Street commemorates our sister city of Fuji-yoshida, Japan. The plaque reads: “the purpose of the sister city relationship is to promote understanding between the people of our two countries and cities”

WUO terrorized government property

weather undergroundTo clarify, the terrorist acts for which Bill Ayers and the Weather Underground are being demonized targeted only property damage and resulted in no casualties. Here is a list of 25 bombings attributed to the WUO, with notes from the FBI files, and the original communiques.

BOMBINGS BY WEATHERMEN / WEATHER UNDERGROUND

October 7, 1969
Haymarket Police Statue in Chicago. The Weathermen later claim credit for the bombing in their book, Prairie Fire.

December 6, 1969
Chicago Police cars parked in a precinct parking lot at 3600 North Halsted Street, Chicago. The WUO claims responsibility in Prairie Fire, stating it is a protest of the fatal police shooting of Illinois Black Panther Party leaders Fred Hampton and Mark Clark on December 4, 1969.

May 10, 1970
National Guard Association building in Washington, D.C. is bombed.

June 6, 1970
San Francisco Hall of Justice. (WUO claims credit for bombing although no explosion occurred. Months later, workmen locate an unexploded bomb).

June 9, 1970
New York City Police headquarters. The Weathermen state this is in response to “police repression.”

July 27, 1970
United States Army base at The Presidio in San Francisco, on the 11th anniversary of the Cuban Revolution.

September 12, 1970
California Men’s Colony prison break for Timothy Leary.

October 8, 1970
Marin County courthouse. WUO states this is in retaliation for the killings of Jonathan Jackson, William Christmas, and James McClain.

October 10, 1970
Queens traffic-court building. WUO claims this is to express support for the New York prison riots.

October 14, 1970
Harvard Center for International Affairs. WUO claims this is to protest the war in Vietnam.

March 1, 1971
United States Capitol. WUO states this is to protest the invasion of Laos.

August 29, 1971
Office of California Prisons, allegedly in retaliation for the killing of George Jackson.

September 17, 1971
New York Department of Corrections in Albany, New York. In protest of the killing of 29 inmates at Attica State Penitentiary.

October 15, 1971
MIT research center, William Bundy’s office.

May 19, 1972
Pentagon. “in retaliation for the U.S. bombing raid in Hanoi.”

May 18, 1973
103rd Police Precinct in New York. WUO states this is in response to the killing of 10-year-old black youth Clifford Glover by police.

September 28, 1973
ITT headquarters in New York and Rome, Italy. WUO states this is in response to ITT’s alleged role in the Chilean coup earlier that month.

March 6, 1974
Dept. of Health, Education and Welfare offices in San Francisco. WUO states this is to protest alleged sterilization of poor women. In the accompanying communiqué, the Women’s Brigade argues for “the need for women to take control of daycare, healthcare, birth control and other aspects of women’s daily lives.”

May 31, 1974
California Attorney General office. WUO states this is in response to the killing of six members of the Symbionese Liberation Army.

June 17, 1974
Gulf Oil Pittsburgh headquarters. WUO states this is to protest the company’s actions in Angola, Vietnam, and elsewhere.

September 11, 1974
Anaconda Corporation. WUO states this is in retribution for Anaconda/Rockefeller’s alleged involvement in the Chilean coup the previous year.

January 29, 1975
State Department. WUO states this is in response to escalation in Vietnam.

June 16, 1975
Banco de Ponce, NYC. WUO states this is in solidarity with striking Puerto Rican cement workers.

September, 1975
Kennecott Corporation. WUO states this is in retribution for Kennecott’s alleged involvement in the Chilean coup two years prior.

WUO COMMUNIQUES:

Communiqué #1, May 21, 1970

Hello. This is Bernardine Dohrn.

I’m going to read A DECLARATION OF A STATE OF WAR.

This is the first communication from the Weatherman underground.

All over the world, people fighting Amerikan imperialism look to Amerika’s youth to use our strategic position behind enemy lines to join forces in the destruction of the empire.

Black people have been fighting almost alone for years. We’ve known that our job is to lead white kids into armed revolution. We never intended to spend the next five or twenty-five years of our lives in jail. Ever since SDS became revolutionary, we’ve been trying to show how it is possible to overcome the frustration and impotence that comes from trying to reform this system. Kids know the lines are drawn revolution is touching all of our lives. Tens of thousands have learned that protest and marches don’t do it. Revolutionary violence is the only way.

Now we are adapting the classic guerrilla strategy of the Viet Cong and the urban guerrilla strategy of the Tupamaros to our own situation here in the most technically advanced country in the world.

Ché taught us that “revolutionaries move like fish in the sea.” The alienation and contempt that young people have for this country has created the ocean for this revolution.

The hundreds and thousands of young people who demonstrated in the Sixties against the war and for civil rights grew to hundreds of thousands in the past few weeks actively fighting Nixon’s invasion of Cambodia and the attempted genocide against black people. The insanity of Amerikan “justice” has added to its list of atrocities six blacks killed in Augusta, two in Jackson and four white Kent State students, making thousands more into revolutionaries.

The parents of “privileged” kids have been saying for years that the revolution was a game for us. But the war and the racism of this society show that it is too fucked-up. We will never live peaceably under this system.

This was totally true of those who died in the New York townhouse explosion. The third person who was killed there was Terry Robbins, who led the first rebellion at Kent State less than two years ago.

The twelve Weathermen who were indicted for leading last October’s riots in Chicago have never left the country. Terry is dead, Linda was captured by a pig informer, but the rest of us move freely in and out of every city and youth scene in this country. We’re not hiding out but we’re invisible.

There are several hundred members of the Weatherman underground and some of us face more years in jail than the fifty thousand deserters and draft dodgers now in Canada. Already many of them are coming back to join us in the underground or to return to the Man’s army and tear it up from inside along with those who never left.

We fight in many ways. Dope is one of our weapons. The laws against marijuana mean that millions of us are outlaws long before we actually split. Guns and grass are united in the youth underground.

Freaks are revolutionaries and revolutionaries are freaks. If you want to find us, this is where we are. In every tribe, commune, dormitory, farmhouse, barracks and townhouse where kids are making love, smoking dope and loading guns—fugitives from Amerikan justice are free to go.

For Diana Oughton, Ted Gold and Terry Robbins, and for all the revolutionaries who are still on the move here, there has been no question for a long time now—we will never go back.

Within the next fourteen days we will attack a symbol or institution of Amerikan injustice. This is the way we celebrate the example of Eldridge Cleaver and H. Rap Brown and all black revolutionaries who first inspired us by their fight behind enemy lines for the liberation of their people.

Never again will they fight alone.

/May 21, 1970/

Communique #2, June 9, 1970

SLIP NR 12 / 1909 / JUNE9-70 / POLICE HDQTRS / 77 BOMB EXPLOSION-240 CENTRE ST-POLICE HDQTRS-UNK

DAMAGE AND INJURIES AT THIS TIME — DETAILS LATER

Tonight, at 7 P.M., we blew up the N.Y.C. police headquarters. We called in a warning before the explosion.

The pigs in this country are our enemies. They have murdered Fred Hampton and tortured Joan Bird. They are responsible for 6 black deaths in Augusta, 4 murders in Kent State, the imprisonment of Los Siete de la Raza in San Francisco and the continual brutality against Latin and white youth on the Lower East Side.

Some are named Mitchell and Agnew. Others call themselves Leary and Hogan. The names are different but the crimes are the same.

The pigs try to look invulnerable, but we keep finding their weaknesses. Thousands of kids, from Berkeley to the UN Plaza, keep tearing up ROTC buildings.

Nixon invades Cambodia and hundreds of schools are shut down by strikes. Every time the pigs think they’ve stopped us, we come back a little stronger and a lot smarter. They guard their buildings and we walk right past their guards. They look for us—we get to them first.

They build the Bank of America, kids burn it down. They outlaw grass, we build a culture of life and music.

The time is now. Political power grows out of a gun, a Molotov, a riot, a commune … and from the soul of the people.

WEATHERMAN

Communiqué #3, July 31, 1970

From the /Berkeley Tribe/, July 31, 1970. The Red Mountain Tribe.

July 26, 1970
The Motor City

This is the third communication from the Weatherman underground.

With other revolutionaries all over the planet, Weatherman is celebrating the 11th anniversary of the Cuban revolution. Today we attack with rocks, riots and bombs the greatest killer-pig ever known to man—Amerikan imperialism.

Everywhere we see the growth of revolutionary culture and the ways in which every move of the monster-state tightens the noose around its own neck.

A year ago people thought it can’t happen here. Look at where we’ve come.

Nixon invades Cambodia; the Cong and all of Indochina spread the already rebelling US troops thin. Ahmed is a prisoner; Rap is free and fighting. Fred Hampton is murdered;

the brothers at Soledad avenge—”2 down and one to go.” Pun and several Weatherman are ripped; we run free. Mitchell indicts 8 or 10 or 13; hundreds of thousands of freaks plot to build a new world on the ruins of honky Amerika.

And to General Mitchell we say: Don’t look for us, Dog; We’ll find you first.

For the Central Committee, Weatherman Underground

Communiqué #4, September 18, 1970

From /San Francisco Good Times/, September 18, 1970. /San Francisco Good Times/.

September 15, 1970. This is the fourth communication from the Weatherman Underground.

The Weatherman Underground has had the honor and pleasure of helping Dr. Timothy Leary escape from the POW camp at San Luis Obispo, California.

Dr. Leary was being held against his will and against the will of millions of kids in this country. He was a political prisoner, captured for the work he did in helping all of us begin the task of creating a new culture on the barren wasteland that has been imposed on this country by Democrats, Republicans, Capitalists and creeps.

LSD and grass, like the herbs and cactus and mushrooms of the American Indians and countless civilizations that have existed on this planet, will help us make a future world where it will be possible to live in peace.

Now we are at war.

With the NLF and the North Vietnamese, with the Democratic Front for the Liberation of Palestine and Al Fatah, with Rap Brown and Angela Davis, with all black and brown revolutionaries, the Soledad brothers and all prisoners of war in Amerikan concentration camps we know that peace is only possible with the destruction of U.S. imperialism.

Our organization commits itself to the task of freeing these prisoners of war.

We are outlaws, we are free!

(signed) Bernardine Dohrn

Uncle Tom’s Hotel Rwanda

Is the Don Cheedle?Let’s clear something up for the sake of poetic justice. Uncle Tom was a maltreated slave who bore his burden with dignity. He was no collaborator, no stool pigeon, no upper class of black slave that kept the lower savages in order. That “Uncle Tom” is what the term has come to mean: a white man’s black man, owing perhaps to the original character’s civilized humanity which a white reader might not have expected to be a capacity of an African slave. The neo-Uncle Tom is a Tutsi.

I heard the film Hotel Rwanda was just incredible, I’m sure it was. I watched the Frontline documentary to commemorate the anniversary of the genocide in Rwanda and so thought I knew the sad story already. Well I was right and I was wrong, but not about the film.

The mounting trouble in the Democratic Republic of Congo is causing leaders to forewarn of genocide such as Rwanda experienced in 1994. We’re told the same Hutus are marauding today. In addressing the issues of the Congo, do we have an understanding of what happened in 1994, beside the film dramatization?

The question to ask is whether what happened in Rwanda was genocide. That’s not to minimize the killings, but to scrutinize the motives. Was the fighting between Hutus and Tutsis racially motivated tribal warfare, or was it class warfare? Were the events of 1994 components of a peasant rebellion, distinguished by the opposing forces being from different ethnicities?

The distinction is critical. Behind the Hotel Rwanda imagery is the theme that African tribes need to be protected from each other. This happens in the form of UN intervention usually. The storytellers also know that if the narrative is bloody enough, a Western audience is just as ready to throw up its hands. Thus our impulse to join the Peace Corps or Medecins Sans Frontieres is quietly scrubbed in favor of calling in the cavalry. And then, only in the event of genocide.

Someone keeps wanting Westerners to believe that African tribes will continue to kill each other regardless what we do. Is it true? No, the Africans fight because of what we do.

The Tutsi victims of Hotel Rwanda were not just hotel keepers and clerks. The Tutsis were the administrative enforcers of post-colonial central Africa. The Hutus were the oppressed, and rose up against the Tutsis after generations of oppression and killings.

If Africa were let to develop autonomous states from its indigenous populations, its people could put their natural resources to use improving their lives. Instead, our post-colonial tentacles continue to stir up instability. Our business interests make sure that the native Africans never get their footing. We fund strong men to enforce violent rule over the inhabitants. It’s a controlled instability that facilitates the minimal societal infrastructure our traders require. But instability is difficult a balancing act. When the mayhem gets out of hand, peace-keepers are brought in at the people’s expense, to restore the disordered order.

Message to the G.I.s

Rebel. Mutiny, take the arms away from your officers, gently if they cooperate, by force if necessary.

According to the UCMJ you not only have a right but a DUTY to refuse unlawful orders.

Your Commander in Thief cannot think for himself, why should you allow him to think for YOU?

Is it that you have no respect for your own intellect?

He has ordered you to kill, imprison and torture Civilians, in nations against whom the Congress of the United States has NOT declared war.

Throughout history this has never once worked as a coherent battle strategy.

It has also sparked reprisal killings, reprisal tortures, every single time it was used.

King Richard Couer-de-Leon of Normandy and England discovered this fact at Akkra.

I’m sure many of you have been to the Near East by now, and you might have noticed that the Arabic peoples still bear that particularly gross War Crime, the slaughter of P.O.W.s, in mind with all their dealings with you, or any other Eurocentric cultural invaders.

And that happened more than 8 centuries ago.

Your President ordering you to do the same thing only reinforces that.

His foreign policy of “Let them hate, as long as they fear” is even older than that, it was the policy of Caligula more than 1900 years ago.

It got so many Roman soldiers killed in reprisals that it’s been suggested (especially by me) it was the real reason for him being assassinated by his (military) guards.

Not in My Name

Hello, I participated in the most incredibly diverse rally in front of the United Nations at Dag Hammarskjold Plaza. Here are my remarks:

Cynthia McKinney Remarks Al Nakba Rally,
“Not in My Name”
United Nations, New York
May 16, 2008

On my birthday last year, I declared my independence from a national
leadership that, through its votes in support of the war machine, is
now complicit in war crimes, torture, crimes against humanity, and
crimes against the peace.

I declared my independence from every bomb dropped, every veteran
maimed, and every child killed.

I noted that the Democratic leadership in Congress had failed to
restore this country to Constitutional rule by repealing the Patriot
Acts, the Secret Evidence Act, and the Military Commissions Act.

That it had aided and abetted illegal spying against the American
people. And that it took impeachment off the table.

In addition, the Democratic Congressional leadership failed to
promote the economic integrity of this country by not repealing the
Bush tax cuts. They failed to institute a livable wage,
Medicare-for-all health care, and gave even more money to the
Pentagon as it misuses our hard-earned dollars.

We can add to that list, too, an abject failure to stand up for human
rights and dignity.

If the Democratic and Republican leadership won’t respect the right
of return for Hurricanes Katrina and Rita survivors, how can we
expect them to champion the right of return for Palestinians?

If this country’s leadership tolerates the wanton murder of unarmed
black and Latino men by law enforcement officials—extra-judicial
killings—how can we expect them to stop or even speak out against
targeted assassinations in the Middle East?

If the Democratic and Republican leadership accept ethnic cleansing
in this country by way of gentrification and predatory lending, why
should we expect them to put an end to it in Palestine?

If the leadership of this country impedes self-determination for
native peoples in this country, why should we expect them to support
indigenous rights for anyone abroad?

And sadly, the sensationalist corporate media would rather trick us
into thinking that reporting on a pastor, a former Vice Presidential
nominee, and a former cable TV magnate constitutes this country’s
much-needed discussion of its own apartheid past and present, so why
should we expect an honest discussion of apartheid and Zionism?

I hope by now it is clear. Our values will never be reflected in
public policy as long as our political parties and our country remain
hijacked.

Hijacked by false patriots who usurp the applause of the people and
all the while betray our values.

I’ve decided that neither the Democrats nor the Republicans will
operate any longer as business as usual—not in my name.

That Democrats and Republicans will use my tax dollars and betray my
values, not one day longer—not in my name.

That neither the Democrats nor the Republicans have earned my most
precious political asset—my vote.

And that now is the time to do some things I’ve never done before in
order to have some things I’ve never had before.

And so here today, I declare my independence from weapons transfers:
including Apache Helicopters; F’16s; sidewinder, hellfire, and
Stinger missiles.

I declare my independence from occupation, demolished homes,
political prisoners, and babies dying at checkpoints.

I declare my independence from UN vetoes, expropriated land, stolen
resources, and the installation of puppet regimes.

I declare my independence from all forms of dehumanization and am not
afraid to speak truth to power.

And I am happy to join with peace-loving people around the world who
know that there can be no peace without justice.

Let us never tire in our work for justice.

Thank you.