Colo. US District Court judge enjoins DIA to limit restriction of free speech (grants our preliminary injunction!)

Plaintiffs Nazli McDonnell and Eric Verlo
DENVER, COLORADO- If your civil liberties have ever been violated by a cop, over your objections, only to have the officer say “See you in court”, this victory is for YOU! On January 29 we were threatened with arrest for protesting the “Muslim Ban” at Denver International Airport. We argued that our conduct was protected speech and that they were violating our rights. They dismissed our complaints with, in essense: “That’s for a court to decide.” And today IT HAS! On Feb 15 we summoned the cops to federal court and this morning, Feb 22, US District Court Judge William Martinez granted our preliminary injunction, severely triming DIA’s protest permit process. In a nutshell: no restrictions on signs, size of assemblies or their location within the main terminal (so long as the airport’s function is not impeded). Permits are still required but with 24 hours advance notice, not seven days. Below is Judge Martinez’ 46-page court order in full:

Document 29 Filed 02/22/17 USDC Colorado

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

Civil Action No. 17-cv-0332-WJM-MJW

NAZLI MCDONNELL, and
ERIC VERLO,

Plaintiffs,

v.

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

Defendants.

________________________________________________________

ORDER GRANTING PRELIMINARY INJUNCTION IN PART
________________________________________________________

Plaintiffs Nazli McDonnell (“McDonnell”) and Eric Verlo (“Verlo”) (together, “Plaintiffs”) sue the City and County of Denver (“Denver”), Denver Police Commander Antonio Lopez (“Lopez”) and Denver Police Sergeant Virginia Quiñones (“Quiñones”) (collectively, “Defendants”) for allegedly violating Plaintiffs’ First and Fourteenth Amendment rights when they prevented Plaintiffs from protesting without a permit in the Jeppesen Terminal at Denver International Airport (“Airport” or “Denver Airport”). (ECF No. 1.) Currently before the Court is Plaintiffs’ Motion for Preliminary Injunction, which seeks to enjoin Denver from enforcing some of its policies regarding demonstrations and protests at the Airport. (ECF No. 2.) This motion has been fully briefed (see ECF Nos. 2, 20, 21, 23) and the Court held an evidentiary hearing on February 15, 2017 (“Preliminary Injunction Hearing”).

For the reasons explained below, Plaintiffs’ Motion is granted to the following limited extent:

• Defendants must issue an expressive activity permit on twenty-four hours’ notice in circumstances where an applicant, in good faith, seeks a permit for the purpose of communicating topical ideas reasonably relevant to the purposes and mission of the Airport, the immediate importance of which could not have been foreseen seven days or more in advance of the commencement of the activity for which the permit is sought, or when circumstances beyond the control of the permit applicant prevented timely filing of the application; ?

• Defendants must make all reasonable efforts to accommodate the applicant’s preferred demonstration location, whether inside or outside of the Jeppesen Terminal, so long as the location is a place where the unticketed public is normally allowed to be; ?

• Defendants may not enforce Denver Airport Regulation 50.09’s prohibition against “picketing” (as that term is defined in Denver Airport Regulation 50.02-8) within the Jeppesen Terminal; and ?

• Defendants may not restrict the size of a permit applicant’s proposed signage beyond that which may be reasonably required to prevent the impeding of the normal flow of travelers and visitors in and out of Jeppesen Terminal; and specifically, Defendants may not enforce Denver Airport Regulation 50.08-12’s requirement that signs or placards be no larger than one foot by one foot. ??

Any relief Plaintiffs seek beyond the foregoing is denied at this phase of the case. In particular, the Court will not require the Airport to accommodate truly spontaneous demonstrations (although the Airport remains free to do so); the Court will not require the Airport to allow demonstrators to unilaterally determine the location within the Jeppesen Terminal that they wish to demonstrate; and the Court will not strike down the Airport’s usual seven-day notice-and-permit requirement as unconstitutional in all circumstances.

I. FINDINGS OF FACT

Based on the parties’ filings, and on the documentary and testimonial evidence received at the evidentiary hearing, the Court makes the following findings of fact for purposes of resolving Plaintiffs’ Motion.?

A. Regulation 50

Pursuant to Denver Municipal Code § 5-16(a), Denver’s manager of aviation may “adopt rules and regulations for the management, operation and control of [the] Denver Municipal Airport System, and for the use and occupancy, management, control, operation, care, repair and maintenance of all structures and facilities thereon, and all land on which [the] Denver Municipal Airport System is located and operated.” Under that authority, the manager of aviation has adopted “Rules and Regulations for the Management, Operation, Control, and Use of the Denver Municipal Airport System.” See https://www.flydenver.com/about/administration/rules_regulations (last accessed Feb. 16, 2017). Part 50 of those rules and regulations governs picketing, protesting, soliciting, and similar activities at the Airport. See https://www.flydenver.com/sites/default/files/rules/50_leafleting.pdf (last accessed Feb. 16, 2017). The Court will refer to Part 50 collectively as “Regulation 50.”

The following subdivisions of Regulation 50 are relevant to the parties’ current dispute:

Regulation 50.03: “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO [of the Airport] or his or her designee. . . .” ?

Regulation 50.04-1: “Any person or organization desiring to leaflet, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, shall complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought and no earlier than thirty (30) days prior to commencement of the activity. The permit application shall be submitted using the form provided by the Airport. The applicant shall provide the name and address of the person in charge of the activity, the names of the persons engaged in the activity, the nature of the activity, each location at which the activity is proposed to be conducted, the purpose of the activity, the hours during which the activity is proposed to be conducted, and the beginning and end dates of such activity. A labor organization shall also identify the employer who is the target of the proposed activity.”

Regulation 50.04-3: “Upon presentation of a complete permit application ?and all required documentation, the CEO shall issue a permit to the applicant, if there is space available in the Terminal, applying only the limitations and regulations set forth in this Rule and Regulation . . . . Permits shall be issued on a first come-first served basis. No permits shall be issued by the CEO for a period of time in excess of thirty-one (31) days.” ?

Regulation 50.04-5: “In issuing permits or allocating space, the CEO shall not exercise any discretion or judgment regarding the purpose or content of the proposed activity, except as provided in these Rules and Regulations. The issuance of a permit is a strictly ministerial function and does not constitute an endorsement by the City and County of Denver of any organization, cause, religion, political issue, or other matter.” ?

Regulation 50.04-6: “The CEO may move expressive activity from one location to another and/or disperse such activity around the airport upon reasonable notice to each affected person when in the judgment of the CEO such action is necessary for the efficient and effective operation of the transportation function of the airport.” ?

Regulation 50.08-12: “Individuals and organizations engaged in leafleting, solicitation, picketing, or other speech related activity shall not: * * * [w]ear or carry a sign or placard larger than one foot by one foot in size . . . .” (underscoring in original).

Regulation 50.09: “Picketing not related to a labor dispute is prohibited in ?all interior areas of the Terminal and concourses, in the Restricted Area, and on all vehicular roadways, and shall not be conducted by more than two (2) persons at any one location upon the Airport.” ?

Regulation 50.02-8: “Picketing shall mean one or more persons marching or stationing themselves in an area in order to communicate their position on a political, charitable, or religious issue, or a labor dispute, by displaying one or more signs, posters or similar devices” (underscoring in original).

The Airport receives about forty-five permit requests a year. No witness at the Preliminary Injunction Hearing (including Airport administrators who directly or indirectly supervise the permit process) could remember an instance in which a permit had been denied.

?Although there is no formal written, prescribed procedure for requesting expedited treatment of permit requests, the Airport not infrequently processes such requests and issues permits in less than seven days. Last November, less than seven days before Election Day, the Airport received a request from “the International Machinists” 1 to stage a demonstration ahead of the election. The Airport was able to process that request in two days and thereby permit the demonstration before Election Day.
?
——————————
1 Presumably, the International Association of Machinists and Aerospace Workers. ?
———————

B. The Executive Order

On Friday, January 27, 2017, President Trump signed Executive Order 13769 (“Executive Order”). See 82 Fed. Reg. 8977. The Executive Order, among other things, established a 90-day ban on individuals from seven Muslim-majority countries from entering the United States, a 120-day suspension of all refugee admissions, and an indefinite suspension of refugee admissions from Syria. Id. §§ 3(c), 5(a), 5(c). “The impact of the Executive Order was immediate and widespread. It was reported that thousands of visas were immediately canceled, hundreds of travelers with such visas were prevented from boarding airplanes bound for the United States or denied entry on arrival, and some travelers were detained.” Washington v. Trump, ___ F.3d. ___, ___, 2017 WL 526497, at *2 (9th Cir. Feb. 9, 2017). As is well known, demonstrators and attorneys quickly began to assemble at certain American airports, both to protest the Executive Order and potentially to offer assistance to travelers being detained upon arrival.?

C. The January 28 Protest at the Denver Airport

Shortly after 1:00 p.m. on the following day—Saturday, January 28, 2017— Airport public information officer Heath Montgomery e-mailed Defendant Lopez, the police commander responsible for Denver’s police district encompassing the Airport. Lopez was off-duty at the time. Montgomery informed Lopez that he had received media inquiries about a protest being planned for the Airport later that day, and that no Regulation 50 permit had been issued for such a protest.

Not knowing any details about the nature or potential size of the protest, and fearing the possibility of “black bloc” and so-called “anarchist activities,” Lopez coordinated with other Denver Police officials to redeploy Denver Police’s gang unit from their normal assignments to the Airport. Denver Police also took uniformed officers out of each of the various other police districts and redeployed them to the Airport. Lopez called for these reinforcements immediately in light of the Airport’s significant distance from any other police station or normal patrol area. Lopez knew that if an unsafe situation developed, he could not rely on additional officers being able to get to the Airport quickly.

Through his efforts, Lopez was eventually able to assemble a force of about fifty officers over “the footprint of the entire airport,” meaning inclusive of all officers already assigned to the Airport who remained on their normal patrol duties. Lopez himself also came out to the Airport.

In the meantime, Montgomery had somehow learned of an organization known as the Colorado Muslim Connection that was organizing protesters through Facebook. Montgomery reached out to this organization through the Airport’s own Facebook account and informed them of Regulation 50’s permit requirement. (Ex. 32.) One of the Colorado Muslim Connection’s principals, Nadeen Ibrahim, then e-mailed Montgomery “to address the permit.” (Ex. 30.) Ibrahim told Montgomery:

The group of people we have will have a peaceful assembly carrying signs saying welcome here along with a choir and lots of flowers. Our goal is to stand in solidarity with our community members that have been detained at the airports since the signing of the executive order, though they do have active, legal visas/green cards. Additionally, we would like to show our physical welcoming presence for any newly arriving Middle Eastern sisters and brothers with visas. We do not intend to block any access to [the Airport].

(Id.) Montgomery apparently did not construe this e-mail as a permit request, or at least not a properly prepared one, and stated that “Denver Police will not allow a protest at the airport tonight. We are willing to work with you like any other group but there is a formal process for that.” (Id.)

Nonetheless, protesters began to assemble in the late afternoon and early evening in the Airport’s Jeppesen Terminal, specifically in the multi-storied central area known as the “Great Hall.” The Great Hall is a very large, rectangular area that runs north and south. The lower level of the Great Hall (level 5) has an enormous amount of floor space, and is ringed with offices and some retail shops, but the floor space itself is largely taken up by security screening facilities for departing passengers. The only relatively unobstructed area on level 5 is the middle third, which is currently designed primarily as a location for “meeters-and-greeters,” i.e., individuals waiting for passengers arriving from domestic flights who come up from the underground train connecting the Jeppesen Terminal with the various concourses. There is a much smaller meeters-and-greeters waiting area at the north end of level 5, where international arrivals exit from customs screening.

The upper level of the Great Hall (level 6) has much less floor space than level 5 given that it is mostly open to level 5 below. It is ringed with retail shops and restaurants. At its north end is a pedestrian bridge to and from the “A” concourse and its separate security screening area.

Given this design, every arriving and departing passenger at the Airport (i.e., all passengers except those only connecting through Denver), and nearly every other person having business at the airport (including employees, delivery persons, meeters-and-greeters, etc.), must pass through some portion of the Great Hall. In 2016, the Airport served 58.3 million passengers, making it the sixth busiest airport in the United States and the eighteenth busiest in the world. Approximately 36,000 people also work at the airport.

The protesters who arrived on the evening of January 28 largely congregated in the middle third of the Great Hall (the domestic-arrivals meeter-and-greeter area). The protesters engaged in singing, chanting, praying, and holding up signs. At least one of them had a megaphone.

The size of the protest at its height is unclear. The witnesses at the evidentiary hearing gave varying estimates ranging from as low as 150 to as high as 1,000. Most estimates, however, centered in the range of about 200. Lopez, who believed that the protest eventually comprised about 300 individuals, did not believe that his fifty officers throughout the Airport were enough to ensure safety and security for that size of protest, even if he could pull all of his officers away from their normal duties.

Most of the details of the January 28 protest are not relevant for present purposes. Suffice it to say that Lopez eventually approached those who appeared to be the protest organizers and warned them multiple times that they could be arrested if they continued to protest without a permit. Airport administration later agreed to allow the protest to continue on “the plaza,” an area just outside the Jeppesen Terminal to its south, between the Terminal itself and the Westin Hotel. Protesters then moved to that location, and the protest dispersed later in the evening. No one was arrested and no illegal activity stemming from the protest (e.g., property damage) was reported, nor was there any report of disruption to travel operations or any impeding of the normal flow of travelers and visitors in and out of Jeppesen Terminal.

D. The January 29 Protest at the Denver Airport

Plaintiffs disagree strongly with the Executive Order and likewise wished to protest it, but, due to their schedules, were unable to participate in the January 28 protest. They decided instead to go to the Airport on the following day, Sunday, January 29. They came that afternoon and stationed themselves at a physical barrier just outside the international arrival doors at the north end of the Great Hall, level 5. They each held up a sign of roughly poster board size expressing a message of opposition to the Executive Order and solidarity with those affected by it. (See Exs. 2, 4, M.)

Plaintiffs were soon approached by Defendant Quiñones, who warned them that they could be arrested for demonstrating without a permit. Plaintiffs felt threatened, as well as disheartened that they could not freely exercise their First Amendment rights then and there. Plaintiffs felt it was important to be demonstrating both at that particular time, given the broad news coverage of the effects of the Executive Order, and at that particular place (the international arrivals area), given a desire to express solidarity with those arriving directly from international destinations—whom Plaintiffs apparently assumed would be most likely to be affected by the Executive Order in some way.

Plaintiffs left the Airport later that day without being arrested, and without incident. They have never returned to continue their protest, nor have they applied for a permit to do so.

E. Permits Since Issued

The airport has since issued permits to demonstrators opposed to the Executive Order. At least one of these permits includes permission for four people to demonstrate in the international arrivals area, where Plaintiffs demonstrated on January 29.

II. REQUESTED INJUNCTION

Plaintiffs have never proposed specific injunction language. In their Motion, they asked for “an injunction prohibiting their arrest for standing in peaceful protest within Jeppesen Terminal and invalidating Regulation 50 as violative of the First and Fourteenth Amendments to the United States Constitution.” (ECF No. 2 at 4.) At the Preliminary Injunction Hearing, Plaintiffs’ counsel asked the Court to enjoin Defendants (1) “from arresting people for engaging in behavior that the plaintiffs or people similarly situated were engaging in,” (2) from enforcing Regulation 50.09 (which forbids non- labor demonstrators from holding up signs within the Jeppesen Terminal), and (3) from administering Regulation 50 without an “exigent circumstances exception.” Counsel also argued that requiring a permit application seven days ahead of time is unconstitutionally long in any circumstance, exigent or not.

III. LEGAL STANDARD

A. The Various Standards

In a sense, there are at least three preliminary injunction standards. The first, typically-quoted standard requires: (1) a likelihood of success on the merits, (2) a threat of irreparable harm, which (3) outweighs any harm to the non-moving party, and (4) that the injunction would not adversely affect the public interest. See, e.g., Awad v. Ziriax, 670 F.3d 1111, 1125 (10th Cir. 2012).

If, however, the injunction will (1) alter the status quo, (2) mandate action by the defendant, or (3) afford the movant all the relief that it could recover at the conclusion of a full trial on the merits, a second standard comes into play, one in which the movant must meet a heightened burden. See O Centro Espirita Beneficiente Uniao do Vegetal v. Ashcroft, 389 F.3d 973, 975 (10th Cir. 2004) (en banc). Specifically, the proposed injunction “must be more closely scrutinized to assure that the exigencies of the case support the granting of a remedy that is extraordinary even in the normal course” and “a party seeking such an injunction must make a strong showing both with regard to the likelihood of success on the merits and with regard to the balance of harms.” Id.

On the other hand, the Tenth Circuit also approves of a

modified . . . preliminary injunction test when the moving party demonstrates that the [irreparable harm], [balance of harms], and [public interest] factors tip strongly in its favor. In such situations, the moving party may meet the requirement for showing [likelihood of] success on the merits by showing that questions going to the merits are so serious, substantial, difficult, and doubtful as to make the issue ripe for litigation and deserving of more deliberate investigation.

Verlo v. Martinez, 820 F.3d 1113, 1128 n.5 (10th Cir. 2016). This standard, in other words, permits a weaker showing on likelihood of success when the party’s showing on the other factors is strong. It is not clear how this standard would apply if the second standard also applies.

In any event, “a preliminary injunction is an extraordinary remedy,” and therefore “the right to relief must be clear and unequivocal.” Greater Yellowstone Coal. v. Flowers, 321 F.3d 1250, 1256 (10th Cir. 2003).

B. Does Any Modified Standard Apply?

The status quo for preliminary injunction purposes is “the last peaceable uncontested status existing between the parties before the dispute developed.” Schrier v. Univ. of Colo., 427 F.3d 1253, 1260 (10th Cir. 2005) (internal quotation marks omitted). By asking that portions of Regulation 50 be invalidated, Plaintiffs are seeking to change the status quo. Therefore they must make a stronger-than-usual showing on likelihood of success and the balance of harms.

IV. ANALYSIS

A. Irreparable Harm as it Relates to Standing

Under the circumstances, the Court finds it appropriate to begin by discussing the irreparable harm element of the preliminary injunction test as it relates Plaintiffs’ standing to seek an injunction.

Testimony at the Preliminary Injunction Hearing revealed that certain groups wishing to protest the Executive Order have since applied for and obtained permits. Thus, Plaintiffs could get a permit to demonstrate at the airport on seven days’ advance notice—although Regulation 50.09 would still prohibit them from demonstrating by wearing or holding up signs. In addition, as discussed in more detail below (Part IV.B.3.c), Plaintiffs could potentially get a permit to hold a protest parade on public streets in the City and County of Denver with as little as 24 hours’ notice. And as far as the Court is aware, the two Plaintiffs may be able to stand on any public street corner and hold up signs without any prior notice or permit requirement. Thus, Plaintiffs’ alleged irreparable harm must be one or both of the following: (1) the prospect of not being able to demonstrate specifically at the airport on less than seven days’ notice, or (2) the inability to picket in opposition to the government action they oppose—that is, the inability to hold up “signs, posters or similar devices” while engaging in expressive activity at the airport. The Court finds that the second of these options is a fairly traditional allegation of First Amendment injury—even if they do apply for and obtain a permit, by the express terms of Regulation 50.09 Plaintiffs will not be allowed to carry or hold up signs, posters, or the like. The first option, however, requires more extensive discussion and analysis.

The rapidly developing situation that prompted Plaintiffs to go to the Airport on January 29 has since somewhat subsided. The Executive Order remains a newsworthy topic, but a nationwide injunction now prevents its enforcement, see Washington, ___ F.3d at ___, 2017 WL 526497, at *9, and—to the Court’s knowledge—none of the most urgent effects that led to airport-based protests, such as individuals being detained upon arrival, have since repeated themselves. Nonetheless, the circumstances that prompted this lawsuit reveal a number of unassailable truths about “freedom of speech . . . [and] the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” U.S. Const. amend. I.

One indisputable truth is that the location of expressive activity can have singular First Amendment significance, or as the Tenth Circuit has pithily put it: “Location, location, location. It is cherished by property owners and political demonstrators alike.” Pahls v. Thomas, 718 F.3d 1210, 1216 (10th Cir. 2013). The ability to convey a message to a particular person is crucial, and that ability often turns entirely on location.

Thus, location has specifically been at issue in a number of First Amendment decisions. See, e.g., McCullen v. Coakley, 134 S. Ct. 2518, 2535 (2014) (abortion protesters’ ability to approach abortion clinic patrons within a certain distance); Pahls, 718 F.3d at 1216–17 (protesters’ ability to be in a location where the President could see them as his motorcade drove past); Citizens for Peace in Space v. City of Colo. Springs, 477 F.3d 1212, 1218–19 (10th Cir. 2007) (peace activists’ ability to be near a hotel and conference center where a NATO conference was taking place); Tucker v. City of Fairfield, 398 F.3d 457, 460 (6th Cir. 2005) (labor protesters’ ability to demonstrate outside a car dealership); Friends of Animals, Inc. v. City of Bridgeport, 833 F. Supp. 2d 205, 207–08 (D. Conn. 2011) (animal rights protesters’ ability to protest near a circus), aff’d sub nom. Zalaski v. City of Bridgeport Police Dep’t, 475 F. App’x 805 (2d Cir. 2012).

Another paramount truth is that the timing of expressive activity can also have irreplaceable First Amendment value and significance: “simple delay may permanently vitiate the expressive content of a demonstration.” NAACP, W. Region v. City of Richmond, 743 F.2d 1346, 1356 (9th Cir. 1984); see also American-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 605 (6th Cir. 2005) (“Any notice period is a substantial inhibition on speech.”); Church of Am. Knights of Ku Klux Klan v. City of Gary, 334 F.3d 676, 682 (7th Cir. 2003) (“given that . . . political demonstrations are often engendered by topical events, a very long period of advance notice with no exception for spontaneous demonstrations unreasonably limits free speech”); Douglas v. Brownell, 88 F.3d 1511, 1524 (8th Cir. 1996) (“The five-day notice requirement restricts a substantial amount of speech that does not interfere with the city’s asserted goals of protecting pedestrian and vehicle traffic, and minimizing inconvenience to the public.”).

This case provides an excellent example of this phenomena given that —whether intentionally or not— the President’s announcement of his Supreme Court nomination on January 31 (four days after signing the Executive Order) permitted the President to shift the media’s attention to a different topic of national significance. Thus, the inability of demonstrators to legally “strike while the iron’s hot” mattered greatly in this instance. Cf. City of Gary, 334 F.3d at 682 (in the context of a 45-day application period for a parade, noting that “[a] group that had wanted to hold a rally to protest the U.S. invasion of Iraq and had applied for a permit from the City of Gary on the first day of the war would have found that the war had ended before the demonstration was authorized”).

These principles are not absolute, however, nor self-applying. The Court must analyze them in the specific context of the Airport. But for present purposes, the Court notes that the Plaintiffs’ alleged harm of being unable to protest at a specific location on short notice states a cognizable First Amendment claim. In addition, by its very nature, this is the sort of claim that is “capable of repetition, yet evading review.” S. Pac. Terminal Co. v. Interstate Commerce Comm’n, 219 U.S. 498, 515 (1911). Here, “the challenged action”—enforcement of the seven-day permit requirement during an event of rapidly developing significance —“was in its duration too short to be fully litigated prior to its cessation or expiration.” Weinstein v. Bradford, 423 U.S. 147, 149 (1975). Further, “there [is] a reasonable expectation that the same complaining party would be subjected to the same action again.” Id. More specifically, the Court credits Plaintiffs’ testimony that they intend to return to the Airport for future protests, and, given continuing comments by the Trump Administration that new immigration and travel- related executive orders are forthcoming, the Court agrees with Plaintiffs that it is reasonably likely a similar situation will recur —i.e., government action rapidly creating consequences relevant specifically to the Airport.

Thus, although the prospect of being unable to demonstrate at the Airport on short notice is not, literally speaking, an “irreparable harm” (because the need for such demonstration may never arise again), it is nonetheless a sufficient harm for purposes of standing and seeking a preliminary injunction.

The Court now turns to the heart of this case—whether Plaintiffs are likely to succeed on the merits of their claims. Following that, the Court will reprise the irreparable harm analysis in the specific context of the likelihood-of-success findings.

B. Likelihood of Success on the Merits

Evaluating likelihood of success requires evaluating the substantive merit of Plaintiffs’ claim that Regulation 50, or any portion of it, violates their First Amendment rights. 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’ Expressive Conduct?

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 that the sorts of activities Plaintiffs attempted to engage in at the Airport (including holding up signs) are expressive endeavors protected by the First Amendment. Accordingly, the Court deems it conceded for preliminary injunction purposes that Plaintiffs are likely to succeed on this element of the Cornelius analysis.

2. Is the Jeppesen Terminal a Public Forum (Traditional or Designated)?

The Court must next decide whether the Jeppesen Terminal is a public 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).

a. Is the Jeppesen Terminal a Traditional Public Forum??

Plaintiffs claim that “[t]he Supreme Court has not definitively decided whether airport terminals . . . are public forums.” (ECF No. 2 at 7.) This is either an intentional misstatement or a difficult-to-understand misreading of the most relevant case (which Plaintiffs repeatedly cite), International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 679 (1992) (“Lee”).

The plaintiffs in Lee were disseminating religious literature and soliciting funds at the airports controlled by the Port Authority of New York and New Jersey (JFK, LaGuardia, and Newark). Id. at 674–75. By regulation, however, the Port Authority prohibited “continuous or repetitive” person-to-person solicitation and distribution of literature. Id. at 675–76. The Second Circuit held that the airports were not public fora and that the regulation was reasonable as to solicitation but not as to distribution. Id. at 677. The dispute then went to the Supreme Court, which granted certiorari specifically “to resolve whether airport terminals are public fora,” among other questions. Id.

The Court answered the public forum question in the negative. Relying on the historical use of airport terminals generally, the Court found that “the tradition of airport activity does not demonstrate that airports have historically been made available for speech activity.” Id. at 680. “Nor can we say,” the Court continued, “that these particular terminals, or airport terminals generally, have been intentionally opened by their operators to such activity; the frequent and continuing litigation evidencing the operators’ objections belies any such claim.” Id. at 680–81. Then, invoking the reasonableness test that applies to government regulation of nonpublic fora, the Court affirmed the Second Circuit’s holding that the solicitation ban was reasonable. Id. at 683–85.

Five justices (Rehnquist, White, O’Connor, Scalia, and Thomas) joined all of the major rulings regarding the solicitation ban, including the nonpublic forum status of airport terminals and the reasonableness of the ban. The outcome regarding the distribution ban, however, commanded no majority opinion. Justice O’Connor, applying the reasonableness standard for nonpublic fora, agreed with the Second Circuit that the distribution ban was not reasonable. Id. at 690–93 (opn. of O’Connor, J.). Justice Kennedy, joined in relevant part by Justices Blackmun, Stevens, and Souter, agreed that the Second Circuit’s judgment regarding the distribution ban should be affirmed, but on different grounds, namely, under a strict scrutiny test (because these justices believed that the airport terminals should be deemed a public forum). Id. at 708–10 (opn. of Kennedy, J.). The result was that the Second Circuit’s invalidation of the distribution ban was affirmed without any opinion commanding a majority view.

Regardless of the outcome with respect to the distribution ban, it is beyond debate that five Supreme Court justices in Lee agreed that airport terminals are not public fora. Id. at 680–81. The Tenth Circuit has acknowledged this holding. Mocek v. City of Albuquerque, 813 F.3d 912, 930 (10th Cir. 2015) (“As an initial matter, an airport is a nonpublic forum, where restrictions on expressive activity need only ‘satisfy a requirement of reasonableness.’” (quoting Lee, 505 U.S. at 683)). Notably, Plaintiffs have cited no case in which any court anywhere has deemed an airport to be a public forum.

b. Is the Jeppesen Terminal a Designated Public Forum??

Even though the Jeppesen Terminal is not a traditional public forum, Denver could still designate it as a public forum if Denver “intentionally [opens the Jeppesen Terminal] for public discourse.” Cornelius, 473 U.S. at 802. Denver denies that it has done so, and Plaintiffs’ arguments to the contrary lack merit.

i. Terminal Visitors’ Incidental Expressive Activities

Plaintiffs argue that visitors to the Jeppesen Terminal “engage in First Amendment activity; they wear buttons, shirts, and hats that convey distinct messages to other visitors. They engage in one-on-one conversations.” (ECF No. 21 at 3.) Thus, Plaintiffs say, Denver has designated a public forum within the Jeppesen Terminal.

The Tenth Circuit has already foreclosed this argument. Addressing the public forum status of the Denver Performing Arts Complex, the Court stated the following: “Even if Denver allowed patrons to wear political buttons or shirts with slogans, this would not be sufficient to establish a designated public forum. The First Amendment does not require the government to impose a ‘zone of silence’ on its property to maintain its character as a nonpublic forum.” Hawkins v. City & Cnty. of Denver, 170 F.3d 1281, 1288 (10th Cir. 1999).

Indeed, even if it wanted to, Denver almost certainly could not impose such a “zone of silence,” as illustrated by Board of Airport Commissioners of City of Los Angeles v. Jews for Jesus, Inc., 482 U.S. 569 (1987). There, the Los Angeles airport authority adopted a resolution announcing that “the Central Terminal Area at Los Angeles International Airport [LAX] is not open for First Amendment activities.” Id. at 570–71 (internal quotation marks omitted). The Supreme Court found that this provision did not “merely reach the activity of [the religious proselytizers who challenged it],” but also prohibited

even talking and reading, or the wearing of campaign buttons or symbolic clothing. Under such a sweeping ban, virtually every individual who enters LAX may be found to violate the resolution by engaging in some “First Amendment activit[y].” We think it obvious that such a ban cannot be justified even if LAX were a nonpublic forum because no conceivable governmental interest would justify such an absolute prohibition of speech.

Id. at 574–75. Thus, the evidence at the Preliminary Injunction Hearing established beyond any possible dispute that Denver has shown no intent to designate the Airport as a public forum by allowing speech at that location which it may not disallow in the first instance.

ii. The Effect of Regulation 50 Itself?

Plaintiffs further argue, “Regulation 50 states that free speech activity is proper in the Jeppesen Terminal (pursuant to a restriction). Denver has [thus] designated the Jeppesen Terminal a public forum for leafleting, conducting surveys, displaying signs, gathering signatures, soliciting funds, and other speech related activity for religious, charitable, or political purposes.” (ECF No. 21 at 3–4.) Although clever, this argument cannot be correct. 2

First, the Airport knows from the Supreme Court’s Jews for Jesus decision, just discussed, that it cannot prohibit all behavior that can be characterized as First Amendment-protected expressive activity.

Second, the Airport also knows from the Lee decision that it likely cannot completely ban some forms of intentional First Amendment communication (such as leafleting) given that the Jeppesen T erminal, like the Port Authority terminals at issue in Lee, is a large multipurpose facility that can reasonably accommodate some amount of intentional First Amendment activity. So, again, the Airport’s choice to regulate what it could not prohibit in the first place is not evidence of intent to designate a public forum. See Stanton v. Fort Wayne-Allen Cnty. Airport Auth., 834 F. Supp. 2d 865, 872 (N.D. Ind. 2011) (“[t]he designation of certain free speech zones, along with the permit requirement and limitation of expression to certain times, manners, and places as set forth in the permit, are marks of the Airport Authority’s attempt to restrict public discourse, and are inconsistent with an intent to designate a public forum” (emphasis in original)).

Third, Plaintiffs’ position, if accepted, would likely turn out to chill expressive speech in the long run. If a government will be deemed to have designated a public forum every time it accommodates citizens’ natural desire to engage in expressive activity in a nonpublic forum, governments will likely cut back on such accommodations as far as they are constitutionally allowed. Cf. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46 (1983) (government may un-designate a designated public forum).

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2 Plaintiffs have unsurprisingly cited no decision from any court adopting their reasoning.
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iii. “Welcome Home” Messages?

Plaintiffs finally argue that “[s]ome individuals (who, importantly, are not airlines passengers) hold signs welcoming home loved ones or those returning from overseas deployment.” (ECF No. 21 at 3.) The Court will address signs welcoming home veterans and active-duty military members in Part IV.B.3.f, below, and for the reasons stated there finds that this practice, to the extent it exists, does not show intent to designate a public forum. As for welcoming home loved ones, the Court sees no greater religious, charitable, political, or labor-related significance in a typical welcome home sign than standing in the meeter-and-greeter area with a pleasant smile.

In any event, to the extent a welcome home sign has greater significance, “[t]he government does not create a public forum by inaction.” Cornelius, 473 U.S. at 802. Thus, simple failure to enforce Regulation 50 against such signholders is not itself sufficient to infer that the Airport intended to designate a public forum. And finally, even if the Court were to find such an intent, the Court would still be required to consider whether the Airport only intended to designate a public forum specifically for, e.g., those wishing to convey welcome home messages: “A public forum may be created for a limited purpose such as use by certain groups, or for the discussion of certain subjects.” Perry, 460 U.S. at 45 n.7 (1983) (citations omitted). Plaintiffs have nowhere addressed this.

For all these reasons, Plaintiffs have failed to demonstrate that the Jeppesen Terminal is a designated public forum. 3

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3 Plaintiffs also attack Regulation 50 as a “prior restraint.” (ECF No. 2 at 6–7.) “The term prior restraint is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’” Alexander v. United States, 509 U.S. 544, 550 (1993) (quoting M. Nimmer, Nimmer on Freedom of Speech § 4.03, p. 4-14 (1984)) (emphasis in original). Whether or not that definition could fit Regulation 50, it adds nothing to this case because the Supreme Court’s forum analysis provides the governing principles.
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3. Given that the Jeppesen Terminal Is Not a Public Forum, Is Regulation 50 Reasonable in Light of the Purposes Served by the Airport, and Is It Viewpoint-Neutral?

a. Reasonableness of the Need for a Permit Submitted in Advance, Generally

Reasonableness is a fact-intensive inquiry into the “particular nature of the public expression” at issue and “the extent to which it interferes with the designated purposes” of the nonpublic forum. Hawkins, 170 F.3d at 1290. Justice O’Connor’s concurring opinion in Lee is significant here, both because of its reasoning and because it has reached the somewhat paradoxical status of a “controlling concurrence.” See id. at 1289 (“In actuality, [Justice O’Connor’s reasonableness analysis in Lee] constitutes only Justice O’Connor’s view, who provided the swing vote in the highly-fractured Lee decision, but as the narrowest majority holding, we are bound by it.”).

In Lee, Justice O’Connor noted the Port Authority’s airports were not single-purpose facilities (unlike many other locations where the Supreme Court had previously examined speech restrictions). 505 U.S. at 688. Rather, the airports were “huge complex[es] open to travelers and nontravelers alike,” id. at 688, and had essentially become “shopping mall[s] as well as . . . airport[s],” id. at 689. The question, then, was whether Port Authority’s restrictions were “reasonably related to maintaining the multipurpose environment that the Port Authority has deliberately created.” Id.

Justice O’Connor’s description of the Port Authority Airports aptly describes the Jeppesen Terminal, to an extent. The Great Hall is lined with restaurants and retail establishments, and in that sense is reminiscent of a shopping mall. On the other hand, most of the floor space on level 6 is simply the floor space needed to get from location to location (the equivalent of wide hallways), and most of the floor space on level 5 is dedicated to security screening. The only large area that is usually free of significant obstructions is the central meeter-and-greeter area—and even that area has at times been taken up by art installations or other features. 4

Moreover, despite certain characteristics of the Airport that may resemble a shopping mall, the Airport’s undisputed primary purpose is to facilitate safe and efficient air travel. The need for safety hopefully needs no discussion —for decades, airports and airplanes have been the specific target of terrorists. As for efficiency, the significance of the Great Hall within the Jeppesen Terminal is particularly evident given that it is the node through which every arriving and departing passenger must pass. As noted, the Airport served 58.3 million passengers last year. Even assuming that just 20 million (about a third) were arrivals and departures (the remainder being those who connect through without reaching the Jeppesen Terminal), this still comes to more than 55,000 passengers moving through the Great Hall per day, or about 2,300 per hour. If the Airport could somehow maintain precisely that average over all days and hours of its operation —which of course never happens— it would still be the equivalent of perpetually filling and emptying a large concert hall every hour.

In this light, the Airport’s general purposes for requiring demonstrators to apply for a permit in advance are difficult to question. As stated by the various Airport administrators who testified at the Preliminary Injunction Hearing (Ken Greene, chief operations officer; Patrick Heck, chief commercial officer; and Dave Dalton, assistant director for terminal operations), it is important for the Airport to have advance notice regarding the presence of individuals coming for reasons other than normal airport- related activities, and particularly those who come to the airport intending to attract the attention of passengers and others. The Airport needs an opportunity to determine the appropriate location for a group of the requested size in light of the day(s) and time(s) requested. The permitting requirement also gives the Airport the opportunity to point out Regulation 50’s code of conduct (Regulation 50.08), so that demonstrators know what activities are and are not permissible.

In addition, the Airport fairly desires an opportunity to understand the nature of the expressive activity, which can inform whether additional security is needed. As Lopez’s testimony illustrates, it is not a simple matter to bring additional police officers to the Airport on a moment’s notice. Lopez further pointed out the advantage of understanding the subject matter of the dispute so that he can anticipate whether counter-protesters might arrive and potentially create at least a difficult, if not dangerous, situation.

Importantly, Denver does not need to prove that any particular past event has raised serious congestion or safety concerns: “Although Denver admits that plaintiffs did not cause any congestion problems or major disruption on the particular occasion that they demonstrated . . . , that is not dispositive. ‘[T]he Government need not wait until havoc is wreaked to restrict access to a nonpublic forum.’” Hawkins, 170 F.3d at 1290 (quoting Cornelius, 473 U.S. at 810). Thus, the Airport may reasonably require a permit applied for in advance. The Court does not understand Plaintiffs to be arguing to the contrary, i.e., that the Airport is never justified in requiring an advance permit under any circumstances.

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4 Plaintiffs’ Exhibit 15, for example, is a photograph of the meeter-and-greeter area in 2008, and shows that a fountain occupied a significant portion of floor space at the time.
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?b. Reasonableness of the Seven-Day Requirement, Specifically

Plaintiffs do attack Regulation 50.03’s requirement that permit applications be submitted seven days in advance of the desired activity, apparently arguing that this is unconstitutionally unreasonable in all circumstances. Given both Plaintiffs’ testimony at the Preliminary Injunction Hearing, it is not clear that they would be satisfied by a shorter advance-notice period, nor that it would redress their claimed injury —the inability to protest essentially at a moment’s notice on a topical event. But, to the extent Plaintiffs are challenging the seven-day requirement through the overbreadth doctrine (see Part IV.B.4, below), the Court finds that they have not met their higher burden (or even the normal preliminary injunction burden) to show that they are likely to succeed on proving the seven-day requirement unreasonable in all circumstances.

The Airport’s witnesses were not aware of any other airport with a seven-day requirement. The Indiana airport at issue in the Stanton case —which Defendants have relied upon heavily— had a two-day notice requirement, and also a provision by which the airport could accept an application on even shorter notice. 834 F. Supp. 2d at 870. On the other hand, that Airport handled about 40,000 departing and arriving passengers per month, id. at 868, whereas the Denver Airport handles far more than that per day.

The Court’s own research has revealed that airports ahead of the Denver Airport in 2016 passenger statistics have varied requirements:

• O’Hare International Airport (Chicago) — six business days, see Chicago Department of Aviation Amended Rules and Regulations Governing First Amendment Activities at the City of Chicago Airports § 3(A) (Sept. 18, 2015), available at http://www.flychicago.com/SiteCollectionDocuments/ OHare/AboutUs/cdaamendedRulesandRegs.pdf (last accessed Feb. 16, 2017);

• Dallas-Fort Worth International Airport — three business days, see Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, ch. 3, § 4, art. VI(A) (2006), available at https://www.dfwairport.com/cs/groups/public/documents/webasset/p1_008800.pdf (last accessed Feb. 16, 2017); ?

• John F. Kennedy International Airport (New York City) — twenty-four hours, see Port Authority of New York and New Jersey Airport Rules and Regulations § XV(B)(2)(a) (Aug. 4, 2009), available at http://www.panynj.gov/airports/pdf/Rules_Regs_Revision_8_04_09.pdf (last accessed Feb. 16, 2017). ??

Obviously there is no clear trend. Depending on how these airports define “business day,” some of these time periods may actually be longer than the Denver Airport’s seven-day requirement. ?

In any event, Plaintiffs have never explained how the Airport, in its particular circumstances, cannot reasonably request seven days’ advance notice as a general rule. Indeed, Plaintiffs could not cite to this Court any case holding that any advance notice requirement applicable to a nonpublic forum was unconstitutional in all circumstances. Accordingly, Plaintiffs have not made a strong showing of likelihood of success on this particular theory of relief.

c. Reasonableness of the Regulation 50.03’s Lack of a Formal Process for Handling Permit Application More Quickly in Exigent Circumstances

Plaintiffs would prefer that they be allowed to demonstrate at the Airport without any advance notice in “exigent circumstances.” Given the serious and substantial purposes served by an advance notice requirement, the Court cannot say that Plaintiffs are likely to succeed on this score. Plaintiffs have given the Court no reason to hold that the Airport has a constitutional duty, even in exigent circumstances, to accommodate demonstrators as they show up, without any advance warning whatsoever.

Nonetheless, the Airport’s complete lack of any formal mechanism for at least expediting the permit application process in unusual circumstances raises a substantial and serious question for this Court. As noted in Part IV.A, above, timing and location are cardinal First Amendment considerations, and a number of cases regarding public fora (streets and parks) have held or strongly suggested that an advance notice requirement is unconstitutional if it does not account for the possibility of spontaneous or short-notice demonstrations regarding suddenly relevant issues.

Indeed, as the undersigned pointed out to Defendants’ counsel at the Preliminary Injunction Hearing, Denver itself is willing to accept an application for a street parade on twenty-four hours’ notice (as opposed to its standard requirement of thirty days) “if the proposed parade is for the purpose of spontaneous communication of topical ideas that could not have been foreseen in advance of [the] required application period or when circumstances beyond the control of the applicant prevented timely filing of the application.” Denver Mun. Code § 54-361(d). But again, this governs a public forum (city streets), where time, place, and manner restrictions such as this must satisfy a narrow tailoring analysis and leave open ample alternative channels for communication. See Perry, 460 U.S. at 45. As the above discussion makes clear, under controlling authority the Airport need not satisfy the same legal standards.

The parties have not cited, nor has the Court located, any case specifically discussing the need for a nonpublic forum to accommodate short-notice demonstrations. But the Court likewise has not found any case expressly precluding that consideration when evaluating reasonableness in the context of a nonpublic forum. It is perhaps unsurprising that the specific question has never come up in a nonpublic forum until now. The Court believes it to be an accurate observation that this country has never before experienced a situation in which (a) the motivation to protest developed so rapidly and (b) the most obviously relevant protest locations was a place the Supreme Court had already declared to be a nonpublic forum—the airport terminal.

When evaluating the reasonableness of a First Amendment restriction in a nonpublic forum, the Court concludes that it may appropriately consider the ability to shorten an advance notice requirement in a place like the Airport, given how unique airports are within the category of nonpublic fora. As Justice O’Connor noted in Lee, most of the Supreme Court’s major nonpublic forum cases aside from airport cases have involved

discrete, single-purpose facilities. See, e.g., [United States v.] Kokinda, [497 U.S. 720 (1990)] (dedicated sidewalk between parking lot and post office); Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U.S. 788 (1985) (literature for charity drive); City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984) (utility poles); Perry, supra (interschool mail system); Postal Service v. Council of Greenburgh Civic Assns., [453 U.S. 114 (1981)] (household mail boxes); Adderley v. Florida, 385 U.S. 39 (1966) (curtilage of jailhouse).

505 U.S. at 688 (parallel citations omitted). As Justice O’Connor observed, however, many airports have become large, multipurpose facilities, see id. at 688–89, and that describes the Denver Airport well. To be sure, the reason for expanding beyond the bare minimum of infrastructure needed to handle travelers and airplanes is to promote air travel—to make the airport a more convenient and welcoming location specifically (although not exclusively) for travelers—but the reasonableness of First Amendment restrictions must nonetheless be judged according to the “multipurpose environment that [airport authorities] ha[ve] deliberately created.” Id. at 689.

Moreover, modern airports are almost always owned and operated by a political body, as well as secured by government employees. Thus, short-notice demonstrations reasonably relevant to an airport are also reasonably likely to be demonstrations about political or otherwise governmental topics, “an area in which the importance of First Amendment protections is at its zenith.” Meyer v. Grant, 486 U.S. 414, 425 (1988) (internal quotation marks omitted).

Given all this, and in light of the First Amendment interests in location and timing that this very case has made salient, the Court finds it unreasonable for the Airport to have no formal process by which demonstrators can obtain an expedited permit when -to borrow from the Denver parade ordinance— they seek to communicate topical ideas reasonably relevant to the Airport, the immediate importance of which could not have been foreseen in advance of the usual seven-day period, or when circumstances beyond the control of the applicant prevented timely filing of the application. The Court further finds in the particular circumstances of the Airport that reasonableness requires a process by which an applicant who faces such circumstances can request a permit on twenty-four hours’ notice. If this is all the notice Denver needs to prepare for a street parade, the Court can see no reason why more notice is needed (in exigent circumstances) for a substantially more confined environment like the Airport. 5

Accordingly, the Court finds that Plaintiffs are strongly likely to succeed in their challenge to Regulation 50.03 to this limited extent.

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5 At the Preliminary Injunction Hearing, Defendants’ counsel argued that preparing for a street parade is actually easier than preparing for demonstrations at the airport. The Court cannot fathom how this could possibly be the case, at least when comparing a typical street parade request to the typical Airport demonstration request. Indeed, the normal street parade request window is thirty days, suggesting just the opposite. Denver Mun. Code § 54-361(d). The challenges may be different, but the Court cannot accept—on this record, at least—that Airport demonstrations on average require more preparation time than do public parades or marches.
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d. Reasonableness of the Airport’s Power to Control the Location of Permitted Expressive Activity

At the Preliminary Injunction Hearing, it became clear that Plaintiffs not only wish for a more expansive right to protest in the Jeppesen T erminal, but they also argue for the right to select precisely where in the Terminal they should be allowed to stand. The Court recognizes that, from Plaintiffs’ perspective, their message is diluted if they cannot demonstrate in the international arrivals area, and this is a legitimate concern for all the reasons discussed previously about the power of location when conveying a message. The Court must also account, however, for Airport administrators’ superior knowledge about airport operations, foot traffic patterns, concerns particular to the specific day of the protest, and so forth.

?Regulation 50.04-1 requires permit applicants to specify “each location at which the [expressive] activity is proposed to be conducted,” but nowhere in Regulation 50 is there any limitation on the Airport’s discretion whether to approve the location request. Rather, the only provision addressing this topic is Regulation 50.04-6, which applies to a demonstration already underway: “The CEO may move expressive activity from one location to another and/or disperse such activity around the airport upon reasonable notice to each affected person when in the judgment of the CEO such action is necessary for the efficient and effective operation of the transportation function of the airport.”

There is no evidence that Airport administrators are using their discretion when approving a demonstration’s location to suppress or dilute a particular message, but there is also no logical reason to leave Airport administrators’ discretion essentially unfettered at the permitting stage while restricting it once the demonstration is underway. The Court finds Plaintiffs are likely to succeed at least in proving that Regulation 50.04-1 is unreasonable to the extent the Airport’s discretion is not restrained to the same degree as in Regulation 50.04-6. Defendants will therefore be enjoined to follow the same restraints in both settings.

e. Reasonableness of Regulation 50.09’s Prohibition of Signage Within the Jeppesen Terminal, and Regulation 50.08-12’s Limitation of All Signs to One Square Foot

Regulation 50.09 establishes that “picketing” (defined to include “displaying one or more signs, posters or similar devices,” Regulation 50.02-8) is totally prohibited in the Jeppesen Terminal unless as part of a labor protest. And, under Regulation 50.08-12, any permissible sign may be no larger than “one foot by one foot in size.”

?Any argument that the picketing ban is reasonable in the context of the Airport is foreclosed by Justice O’Connor’s analysis of the leafleting band at issue in Lee. See 505 U.S. at 690–93. Leafleting usually involves an individual moving around, at least within a small area, and actively offering literature to passersby. Signholding is usually less obtrusive, given that the signholder often stays within an even smaller area and conveys his or her message passively to those who walk by and notice the sign. The Court simply cannot discern what legitimate or reasonable Airport purpose is served by a complete ban on “picketing” or signholding among permitted demonstrators in the Jeppesen Terminal.

The Court also finds the one-foot-by-one-foot signage restriction unreasonable. The Airport has a legitimate interest in regulating the size of signs, as well as other aspects of their display (such as whether they will be held in the air, as in traditional picketing), but a one-foot-by-one-foot restriction is barely distinguishable, both legally and as a factual matter, from a complete ban. The point of a sign is to make a message readable from a distance. Few messages of substance are readable from any kind of distance if they must be condensed into one foot square. Reasonableness instead requires the Airport to consider the size of the signs that a permit applicant wishes to display as compared to the needs and limitations of the location where the applicant will demonstrate. Any restriction by the Airport which limits the size of a permit applicant’s signage beyond that which may be reasonably required to prevent the restriction or impeding of the normal flow of travelers and visitors in and out of Jeppesen Terminal will be preliminarily enjoined.

f. Viewpoint Neutrality

?A nonpublic forum is not required to be content-neutral, but it is required to be viewpoint-neutral with respect to the First Amendment activity it permits. Hawkins, 170 F.3d at 1288. Regulation 50, on its face, is viewpoint neutral, and Plaintiffs do not argue otherwise. Rather, they say that “Regulation 50 is being enforced as a clearly view-point-based restriction.” (ECF No. 2 at 14 (emphasis added).) This appears to be an as-applied challenge:

Individuals walk through Denver International Airport with political messages and slogans on their shirts and luggage and discuss politics on a daily basis. Counsel for Plaintiffs has worn political shirts while traveling through Denver International Airport and discussed modern politics with fellow passengers on many occasions. However, no other individual, to Plaintiffs or Plaintiffs’ counsel’s knowledge, has been threatened with arrest for engaging in this political speech. Nor has any individual been arrested for displaying pro-President Trump messages, for example a red hat that reads “Make America Great Again.” Only Plaintiffs’ expressive activity against the President’s Executive Order, and others advocating similarly, has been threatened with arrest.

(Id.) Denver responds:

The permit requirement furthers the nonpublic forum purpose by mitigating disruption at the airport by individuals who choose to be at the airport for non-travel related activities. In Stanton, the [Northern District of Indiana] rejected this exact argument challenging a nearly identical permitting rule of the Fort Wayne-Allen County Airport on an as applied basis by distinguishing between incidental expressive activities by members of the traveling public versus those arriving at the airport solely for purposes of engaging in expressive speech. Any messages a traveler or individual picking up a family member conveys by wearing T-shirts or hats are “incidental to the use of the Airport’s facilities” by persons whose “primary purpose for being present at the Airport is a purpose other than expressing free speech rights,” which is different in kind than individuals arriving at an airport whose primary purpose is expressive speech. Id. at 880–882.

(ECF No. 20 at 11 (emphasis added).)?

This argument obviously relies on a particular interpretation of Regulation 50 (given that the Regulation itself makes no explicit distinction between those who arrive at the airport for travel-related purposes and those who do not). Nonetheless, this is how Airport administrators interpret Regulation 50, as they made clear at the Preliminary Injunction Hearing. They also made clear that they have never sought to enforce Regulation 50 against someone wearing a political shirt, for example, while on airport-related business. Plaintiffs’ own arguments support the sincerity of the Airport administrators’ testimony. By Plaintiffs’ own admission, they are unaware of anyone going about his or her typical airport-related business who has been arrested or even threatened with arrest for wearing a political shirt, discussing politics, etc.

At the Preliminary Injunction Hearing, Plaintiffs attempted to present an as- applied viewpoint discrimination case by showing that the Airport regularly allows individuals to hold rallies, display signs, and so forth, for returning servicemembers and veterans, yet without requiring those individuals to obtain a permit under Regulation 50. The Court agrees that pro-military and pro-veteran messages are political statements, at least to the extent being conveyed by someone not at the Airport to welcome home a relative or loved one (and perhaps even by those persons as well). Thus, it would seem that pro-military messages would fall under Regulation 50. However, Plaintiffs have failed at this stage to show that the Airport’s alleged treatment of pro-military and pro-veteran messages amounts to viewpoint discrimination.

At the outset, Plaintiffs fail to note the subjective element of their claim: “viewpoint discrimination in contravention of the First Amendment requires a plaintiff to show that the defendant acted with a viewpoint-discriminatory purpose.” Pahls, 718 F.3d at 1230. In that light, it is tenuous to suggest that allowing (allegedly) unpermitted pro-military or pro-veteran expression at various times in the past but not allowing these recent unpermitted protests against the Executive Order is evidence of viewpoint discrimination. The question of whether our nation should honor servicemembers and the question of how our nation should treat foreign nationals affected by the Executive Order are not really in the same universe of discourse. To bridge the gap, it takes a number of assumptions about where pro-military attitudes tend to fall in the American political spectrum, and what people with those attitudes might also think about the Executive Order. This would be a fairly tall order of proof even outside the preliminary injunction context.

Moreover, Plaintiffs’ evidence of unpermitted pro-military expression is fairly weak. Plaintiffs’ main example is the activities of the Rocky Mountain Honor Flight, an organization that assists World War II veterans to travel to Washington, D.C., and visit the World War II Memorial, and then welcomes them home with a large and boisterous rally held in the meeter-and-greeter portion of the Great Hall. A former servicemember who helped to organize one of these rallies testified that she inquired of a more-senior organizer whether the Airport required any special procedures, and the answer she received was “no.” However, Airport administrators presented unrebutted testimony that Rocky Mountain Honor Flight rallies are planned far in advance and sponsored by the Airport itself, in connection with TSA and certain airlines. The Airport does not need a Regulation 50 permit for its own expressive activities, and a government entity’s expression about a topic is not a matter of First Amendment concern. See Pleasant Grove City v. Summum, 555 U.S. 460, 467 (2009) (“The Free Speech Clause restricts government regulation of private speech; it does not regulate government speech.”).

Apart from the Rocky Mountain Honor Flight, Plaintiffs’ evidence comprises photos they gleaned from a Getty Images database showing individuals over the last decade or so being greeted at the Airport by persons holding signs. Some of these signs appear to be simple “welcome home” signs directed at specific returning family members. In the obviously servicemember-related photos, American flags are common. The Court finds that these photos, presented out of context, are not sufficient evidence to make a strong showing of likelihood of success regarding viewpoint discrimination, particularly the subjective intent requirement. Thus, the Court finds no reason for an injunction based on alleged viewpoint-discriminatory conduct. 6

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6 Even if Plaintiffs’ evidence were enough, the Court would find at this stage of this litigation that the only injunctive relief appropriate in light of the balance-of-harms and public interest considerations, below, would be an injunction to enforce Regulation 50 evenhandedly. Such an outcome would not advance Plaintiffs’ interests here.
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4. Is Regulation 50 Overbroad or Vague?

Plaintiffs bring both overbreadth and vagueness challenges to Regulation 50, which, in this case, are really two sides of the same coin. If a speech regulation’s sweep is unclear and may potentially apply to protected conduct, a court may invalidate the regulation as vague; whereas if the regulation actually applies to unprotected as well as protected speech, an individual who violates the regulation through unprotected speech may nonetheless challenge the entire statute as overbroad. See Grayned v. City of Rockford, 408 U.S. 104, 108–09, 114–15 (1972); 1 Smolla & Nimmer on Freedom of Speech ch. 6 (Oct. 2016 update). Here, Plaintiffs argue either that Regulation 50 is overbroad because it forbids (without a permit) protected conduct such as wearing a political hat while walking to one’s flight (ECF No. 2 at 16–18); or it is vague because it is unclear to what it applies precisely, given that Plaintiffs have seen Regulation 50 enforced against themselves but not against those who wear political hats or buttons, who are welcoming home military veterans, etc., all of whom are “seemingly in violation” of the Regulation (id. at 18–20).

The first task, then, is to determine what Regulation 50 actually encompasses. Again, the Regulation states that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.”

The portion about leafleting, conducting surveys, displaying signs, gathering signatures, or soliciting funds is not vague. It does not fail to “give the person of ordinary intelligence a reasonable opportunity to know what is prohibited.” Grayned, 408 U.S. at 108. Nor is it overbroad given that it is not a complete prohibition of leafleting (as in Lee), but simply a prohibition without a permit.

The arguably difficult portion of Regulation 50 is the “or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes” clause. It is grammatically possible to interpret this passage as extending to any religious, charitable, or political “speech related activity” by anyone at the Airport, including travelers wearing political buttons or sharing their religious beliefs with others.

Denver argues that no person of ordinary intelligence would have such a worry: “a person of ordinary intelligence cannot reasonably claim that they are unable to discern the difference between a traveler walking through the airport with a ‘make America great again’ baseball cap or travelers discussing politics as they walk to their intended destination and a gathering of people who have no purpose for being at the airport other than to march or station themselves in order to communicate their position on a political issue.” (ECF No. 20 at 14.) This argument is slightly inapposite. The question is not whether someone can distinguish between a passenger’s pro-Trump hat and a gathering of anti-Trump protesters. The question is whether Regulation 50 contains such a distinction, and particularly a distinction between the incidental activities of those who come to the airport for airport-related purposes and the intentional activities of those who come to the airport to demonstrate.

However, to the extent Denver means to say that Regulation 50 would not be interpreted by a person of ordinary intelligence to encompass, e.g., a traveler choosing to wear a “Make America Great Again” hat, the Court agrees. Regulation 50 is not, as Plaintiffs suggest, just one paragraph from Regulation 50.03. Regulation 50 comprises sixteen major subdivisions, many of which are themselves subdivided. A person of ordinary intelligence who reads Regulation 50 —all of it— cannot avoid the overwhelming impression that its purpose is to regulate the expressive conduct of those who come to the Airport specifically to engage in expressive conduct. Thus, Regulation 50 is not vague.

As for overbreadth, “[t]he first step in [the] analysis is to construe the challenged statute; it is impossible to determine whether a statute reaches too far without first knowing what the statute covers.” United States v. Williams, 553 U.S. 285, 293 (2008). For the reasons already stated, the Court finds that the only reasonable construction is one that does not extend to an airline passenger wearing a political T-shirt, or anything of that character. Cf. Jews for Jesus, 482 U.S. at 575. This is, moreover, the Airport’s own interpretation, the sincerity of which is borne out by Plaintiffs’ own experience. Thus, Regulation 50 is not overbroad. 7

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7 Even if Regulation 50 were vague or overbroad, the Court would nonetheless find that an injunction against enforcing Regulation 50 as a whole would be against the public interest. The more appropriate remedy would be an injunction to follow precisely the interpretation that the Airport currently follows, but that would be of no benefit to Plaintiffs.
————

?C. Irreparable Harm

Having found that Plaintiffs are strongly likely to succeed in invalidating a narrow subset of Regulation 50, the Court returns to irreparable harm. Given that Plaintiffs First Amendment rights are at stake in those portions of Regulation 50 that the Court finds to be unreasonable, irreparable harm almost inevitably follows: “the 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).

?D. Balance of Harms

The injury to a plaintiff deprived of his or her legitimate 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). Thus, the Court finds that the harm to Plaintiffs from the Airport’s continued enforcement of the unreasonable portions of Regulation 50 would be greater than the harm to the Airport in refraining from such enforcement, particularly given that the unreasonable portions are quite limited and most of Regulation 50 will remain unchanged.

?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. Moreover, the Court is not striking down Regulation 50 or even altering it in any significant respect. Thus, the public’s interest in safe and efficient Airport operations remains unaffected.?

F. Bond

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, however, 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); see also 11A Charles Alan Wright et al., Federal Practice & Procedure § 2954 n.29 (3d ed., Apr. 2016 update) (citing public rights cases where the bond was excused or significantly reduced). Denver has not argued that Plaintiffs should be required to post a bond, and the Court finds that waiver of the bond is appropriate in any event.

V. CONCLUSION

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

1. Plaintiffs’ Motion for Preliminary Injunction (ECF No. 2) is GRANTED to the ?limited extent stated in this order and otherwise DENIED; ?

2. The City and County of Denver (including its respective officers, agents, ?servants, employees, attorneys, and other persons who are in active concert or participation with any of them, and further including without limitation Defendants Lopez and Quiñones) (collectively, “Defendants”) are PRELIMINARILY ENJOINED as follows:

a. Defendants must timely process a permit application under Denver Airport Regulation 50.04-1 that is received less than 7 days but at least 24 hours prior to the commencement of the activity for which the permit is sought, provided that the applicant, in good faith, seeks a permit for the purpose of communicating topical ideas reasonably relevant to the purposes and mission of the Airport, the immediate importance of which could not have been foreseen 7 days or more in advance of the commencement of the activity for which the permit is sought, or when circumstances beyond the control of the applicant prevented timely filing of the application; however, circumstances beyond Defendants’ control may excuse strict compliance with this requirement to the extent those circumstances demonstrably interfere with the expedited permitting process; ?

b. So long as a permit applicant seeks to demonstrate in a location where the unticketed public is normally allowed to be, Defendants must make all reasonable efforts to accommodate the applicant’s preferred location, whether inside or outside of the Jeppesen Terminal;

c. Defendants may not enforce Denver Airport Regulation 50.09’s prohibition against “picketing” (as that term is defined in Regulation 50.02-8) within the Jeppesen Terminal; and

d. Defendants may not restrict the size of a permit applicant’s proposed signage beyond that which may be reasonably required to prevent the impeding of the normal flow of travelers and visitors in and out of Jeppesen Terminal; and specifically, Defendants may not enforce Denver Airport Regulation 50.08-12’s requirement that signs or placards be no larger than one foot by one foot.

3. This Preliminary Injunction is effective immediately upon issuance of this Order, and will remain in force for the duration of this action unless otherwise modified by Order of this Court.

Dated this 22nd day of February, 2017, at 8:05 a.m. Mountain Standard Time. BY THE COURT:

__________________________
William J. Martínez?
United States District Judge

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


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

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

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


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

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

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

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

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

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

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

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

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

Denver Police Department AFTER ACTION REPORT

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

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

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

Afternoon March

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Colleagues,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Colleagues,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Colleagues,

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

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

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

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

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

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

Ye Aulde Memoir

Another old piece. These stories are distorted by romanticized memory, at times, and others likely remember them differently. I by no means intend to insult any of the real persons that lived through this stuff with a cavalier treatment of tender recollections, or harsh description of personalities or actions. Each of us always did exactly what seemed to be exactly the right things to do at the time. And there survives much, much love, which has grown and developed like it always does, in ways we never see coming.

I’m not putting these old ones up because i’m too lazy to write new. I’ll have one of those next–but some of this old stuff fits. Hope you like it.

11 May 2009

One day during the summer of 1980 my brother David was in the hospital at Case Western Reserve University for yet another open-heart surgery. The scene that day was dramatic I suppose, but for our family at the time, it was in many ways just another day. The state of the relationships between us had come to the condition that existed then because each and every incident that had occurred in the history of the Universe had added to that cumulative point. The way it came together then could have been viewed as tragic, I suppose, but we never noticed.

I don’t even remember how I got the news that this particular episode was approaching. David’s surgery that year was one of many—so many, in fact, that by now surgeons and academics had written papers on his congenital condition, and even given it a polysyllabic title. His lead surgeon, a Dr. Ankeny as I recall, had once claimed that he had “learned more from David Bass than fourteen years of medical school.” We four siblings had in effect grown up in the hospital, with the constant potential for death in attendance on a daily basis. Many years would pass between that summer and the moment I decided any of this was applicable to self-reflection, and the sweltering summer afternoon was as present and imminently experiential as any other I lived through during that period.
Our family seemed done that year. I had been out of the picture for over a year. Dad had left soon after, leaving a sour tinge in the air with those remaining, though I never blamed him. When David queued up for one more death-defying, experimental, split-chest open-heart surgery, Dad came back to Cleveland from Florida to put in an obligatory appearance.

Here was a meeting that defied conventional description. Dave, the least guilty of all our immediate family, had been deeply affected by Dad’s exit from the filial stage earlier that year. I hadn’t seen, or even spoken to Dad for well over a year, nor could our interactions prior to then be described as warm and supportive. Outnumbered by angry or indifferent family members, and perhaps less acclimated to hospitals as the rest of us, Dad was way out of his simpler, down-to-earth element.

I showed up unannounced, with glorious southern tart Candy Stone from Mobile, Alabama in tow, she in dirty bare feet, nearly illegal shorts, one of those dangerous eighties tube-tops, and very red eyes. I don’t think Dad spoke more than a half dozen words to me. His eyes told the whole story of uncertainty, pain, and failure. Dave, fresh from surgery, quite literally green, with a repulsive grey crust around his lips and appending to the tubes and what not projecting from several of his orifices, refused to see Dad. Refused to allow him in the room. Dad left unrequited to return to his exile in Florida. I didn’t see him again for many years.

Once, David, following the Dead tour in our Mom’s old family van showing all the effects of the Rust Belt, with his underage Russian girlfriend, his fiddle, and a patchouli oil manufacturing operation, got pulled over in Alabama, for sport. By this time, David was unkempt, smelly, and obviously committing some crime or another. The cops shook him down pretty good, but of course he had no contraband. He has a vice or two, but the heart thing keeps him from excess. He had that young Russian girlfriend, though, and Alabama’s finest figured they could really hang him out to dry, (dang hippie). But she and Dave convince the alpha cop to let them call her mom in New York to confirm that permission had been granted for the road trip and no heinous kidnapping was going on. The mother spoke zero English, but somehow the girlfriend convinced the cop to allow her to translate for her mother. Mother and daughter held a five minute conversation about the mental acuity of Alabama cops, duly translated as an expression of permission, and the travelers were on their way. David drawls this story on stage in his hillbilly persona, fiddle in hand. It’s hilarious.

It seemed to me for a long time that David was the only one of us to escape that little bubble of anti-reality that made up our family life while we siblings were young. Maybe he somehow managed to avoid being trapped in it in the first place, residing only temporarily, with some sort of metaphysical pass associated with potential imminent death. I don’t know, but years later, during one of the high points of my own endeavor, Renaissance Paint and Remodeling, I remember feeling jealous of David. This was a recurring sentiment, and all the more abberant for the fact that my strongest memory of it falls during a visit to Dave’s place in North Carolina that amounted to a just-in-case kind of deal before a heart transplant. Whatever the rationality or fairness of my little envy, (not real envy, mind you, but one of those little personality spikes that one notes and passes through), David is the one of us that got away the least damaged, and has lived his idiosyncratic dream out in full, down to the fine print, with joy.

Mom tells a story about my first day at school. Or maybe the second. I had asked some question that Miss Gardner couldn’t answer, and after day two, came home grousing about how those people were ignorant, and furthermore lazy, since no one had even bothered to look up a response. Mom likes to carry on about how smart her offspring are. She doesn’t usually bring up in public how warped we can be.

Mom, we brothers agree, bequeathed us a legacy of somewhat dubious mental processes. She’s nuts. We all know it. She knows it. Dad knows it. The rest of her family knows it well, and most of them recognize a common bond of familial, brand-name insanity that we all seem to share. I expect this is a more or less common thing among families, but I remain convinced that we are a bit stranger than most, at least in part because of the unique circumstances we lived through.

Back in the day, Mom’s thing was what they call control issues. The dynamic of her issues was so complex I can’t imagine I’ll ever figure it out. Some of her personality came to her by heredity from her mother, whom we call Mo. Much of it developed in that crucible of stress Dave kept heated by his repeated, continuous flirtation with death. Mom, responding to my over-the-top reaction to a pubescent hormonal tsunami, became madly obsessive with minutiae, dividing her time among us brothers and badgering us constantly in a fashion no one can really get unless they have their own experience to compare. I think she and I trapped ourselves in a sort of feedback loop that could have ended no other way.

I was out of the house for good, by the age of fifteen, for all purposes off to lead a life of crime, I suppose. For some years, I lived out my interpretation of the old Kerouac/Kesey/Abbie Hoffman mythos, on the road, in the street, an utterly directionless rebel. A good five or six years passed without more that a word or two passing between Mom and me.

I was nineteen when I came to Colorado Springs. The vague and unformulated manifesto for global revolution I had worked out in my head was on hold, kept in place by a twelve-pack of cheap beer. I had a job as an electrician, and didn’t see any reason to change that, but we actually didn’t do much of anything but work and drink beer that year.

One day Mom called to say Mike, another brother, got himself in trouble again and she expected him to “run away.” I told her to give him my number and I’d let her know when he called. He did just a few days later, and can I come pick him up over on south Circle.

Mike and I spent a couple years engaging in the sort of insanity to which we had become habituated in Cleveland. The reader will require imagination to add flesh to the story here. The statute of limitations may prevent backlash, but I don’t mean to poke at a bees’ nest, and it seems unlikely you might imagine anything more extreme than what actually took place. We weren’t stupid, though, and the business of working for wages, or relying on illicit behavior for advancement just wasn’t good enough, so we formed a construction company and went to work. That proved to be a trap. Maybe an extension of the weird, family trap that all of us have discussed so deeply, without resolution.

Mike and I had it in our minds that the working man’s habit of grousing over how management acts is crap and that if we were going to grouse, we ought to just take the reins ourselves. It turned out we were pretty good, too, in a lot of ways. We worked together for the best part of twenty years, and reached moments of national prominence in our little niche. The whole period was characterized by more bone-crushing stress and absurd, super-human feats. We had little breaks from the madness when we’d crash the business, which we did three times. We were great at getting shit done, but lousy at administration in the final analysis.

Hiring employees in the construction business kept me exposed to the street element to which I had become accustomed. I involved myself in various efforts to assist folks in their low-budget struggles, imagining still that I could somehow change the world. In fact, contrary to Mike’s primary obsession with business success, I figured the whole pursuit as a means to some vague end involving social revolution. For a while a religious experience had me involved with a church effort to “reach out” to the hoodlums that used to cruise Nevada Avenue on Friday and Saturday nights. I even managed to glean an ordination from the Baptists, though now I suspect they’d regret bequeathing me with it. My identification with street folks and the urge to help them rise above conditions has never left me. Actually I’ve worked up the notion that we could all stand to rise above conditions.

Dad. I went even longer without speaking with him than I did with Mom. He dealt with our family’s teen-aged fulguration by folding his hand and striking out on his own. Offered a transfer by his employer, the story goes, he told Mom, “I’d like you to come to Florida with me, but I don’t think I can love you anymore.” No woman in her right mind would go for that deal, and Mom didn’t fall for it either. Dad packed his company car and struck out, leaving his all-important nest egg, and everything else, behind. When David was in the hospital again that summer, that’s where Dad came from to visit him.

I had been away, and I don’t recall blaming Dad for his poor dealings with the family. He had been raised in a very old-school, European style, and he simply couldn’t handle our ways. To this day, in spite of Dad’s expression of a taste for “philosophy,” our conversations are often guarded, pregnant with unspoken truths. I still don’t know his philosophy.

Last summer Dad, my youngest brother, and I went to Montana to camp and fish, riding an outfitter’s horses into some of the most pristine wilderness left in the lower forty-eight. I had genuinely hoped to break the communication barrier that stands between us, but we had to settle for hugs and meaningful silences, for the most part. Dad still plays with his cards pressed tightly to his chest, flashing a look of panic if the conversational waters begin to threaten him with submersion. I guess he can’t swim.

Dad’s experience, it seems to me has also been different from the norm, though I’m uncertain that any human being matches that mythical standard. His family, unlike Mom’s, which fought in the Revolution, was barely American. They were proud American citizens, but their traditions came from old Europe, and they still lived communally on the old Bass farm as they had done for a thousand years.

During my childhood, whenever David was out of the hospital, we’d spend weekends at the farm with the scene looking very much like something from an era that had long since passed in this country, all Dad’s siblings and extended family eating together, playing cards, children roaming the grounds like Huck Finn. It was all rather idyllic, truly, and the moment Grandma Bass died and the farm disappeared under a layer of vulgar office towers marked the shift from one childhood to another.

Dad’s life since then became an effort to recreate those years. His brother and sister had never left the farm. Even when his brother Paul married and had a child, he stayed there on Rockside, as the place was known. I think that scene served as an anchor for my Dad, and when he retired, impressively early despite having suffered huge financial setbacks, he bought his own farm, secluded and sylvan, and moved his socially inept brother and sister in with him.

Paul was a very strange dude. Throughout his lifetime he suffered from some sort of condition that caused him to wobble quite a bit and to mumble when he spoke, like a cartoon character. I still have no idea what the actual condition was–it was never discussed in medical terms, and Paul worked, loved, laughed, and lived in a fashion perfectly suited to him. He represented another unusual facet of our lives that never seemed unusual to us, simply because it just had always been what it was. During his declining years, Paul became more and more difficult to live with, his condition developing into a matter that caused him to actually require care, rather than merely one engendering bemusement. He became cantankerous, incontinent, and dangerous to himself, given his refusal to use a cane. Dad actively cared for him, there on the new farm, forty-five minutes from a paved road, until he died a few years ago.

I couldn’t make the funeral, but I spoke to Dad on the phone as he was back in the city making arrangements. I told him I thought his dealings with Paul were among the most impressive and moving things I had ever seen. I still see it that way. The conversation, which lasted no more than ten minutes I guess, may have been the deepest we’ve ever shared.

For the past eight or nine years every Sunday, so long as I’m in town, I give away food we cook up to whomever we can get to come up to the Colorado College campus and sample our fare. Often our guests are homeless or dirt poor, but we’re not so much stipulating low economic clout as a qualifier. We’ll feed anyone. Dick Celeste, the former governor of my home state, Ohio, and once ambassador to India, comes now and then. He’s a friend, and I visit him at his home, during party season at CC. Arlo Guthrie came down to our basement kitchen once–I put him to work washing dishes. Many of the crowd I see every week are chronic though, plagued by demons I surmise to have been born in conditions similar to mine as a youth. I’ve occasionally contemplated the accusation of “enabling” bad behavior that people toss my way once in a while, but many of our regulars, some of whom I’ve known for twenty-five years, are simply never going to approach any sort of productivity. They are simply too extraordinarily damaged, and as the proverb goes, there, but for the grace of God, go I.

The Christian experience I mentioned earlier was a reflection, or maybe an extension, of spiritual drives I always apprehended. I pursued it heartily for a time, beginning my adult involvement with the sort of hands-on charity our Sunday kitchen represents in a Christian context. The Church always felt skewed to me though, and a couple years’ studying of the questions involved convinced me to adopt thinking anathema to most of my Christian friends. The exclusionary thinking shared by many church folk, in turn, began to seem anathema to me.

Something about my family and its ability to weather long, rending forces, becoming over time a stronger entity for all its roiling turbulence, seems to me akin to the aspect of the human condition that produces the wrecked lives that bring folks to visit me on Sunday afternoons. Further spiritual thinking–some would say metaphysical thinking–concerning Chaos and Oneness has encouraged me to feel like the separation between me and the crowd I serve is illusory in some indefinable fashion. When members of our family passed through periods during which we found it necessary to step back from one another, the bonds that hold us together never broke, and the etheric bonds between my soup kitchen crowd and me, and ambassadors or presidents, don’t seem breakable either. We all seem to share certain common struggles, differences arising simply from disparate approaches, variant perspectives. Our family, it turns out was never what we imagined it ought to be, but perhaps something greater, and more viable, after all.

Part of my mission in ditching the construction business for more cerebral and perhaps less lucrative pursuits at an age when many of my peers in the building industry are thinking of golf courses and retirement comes from a belief that the differences in individuals are reconcilable. Feeding people is necessary, but falls short of bridging the apparent expanse between souls. I still want to change the world, even though I understand the futility of such a grandiose notion. Utopians always fail. But I expect that each time some failure becomes apparent, we can learn a little something, and maybe the next day we can fail a little better.

No account of self-examination is ever going to be complete. I won’t be asserting anything about how I’ve come full circle. Our family will never return to the conditions of my childhood. Nor is the new generation my brothers and cousins and I have brought into the world a retread of old lives. I haven’t even touched on my own experiences as head of a new family, but my children live lives vastly different from their forbears, and even though I rather hope they can avoid some of my mistakes, I suspect they’ll be making many of their own. It seems to be in their genes to require hard lessons. But, like my tortured friends in line at CC on Sunday mornings, or those in my circle equally tortured but accustomed to fine linens, whatever they may suffer holds its own value.

We all learn what we must learn. Life is perfectly safe. Its lessons are self-taught, but deep. I genuinely plan to write a real memoir and a family history, for my kids’ sake, but by the time we come full circle, it’s too late to write about it.

Joe Stack’s Piper Cherokee Manifesto

Single Engine AircraftIt’s getting so you can’t fly a plane into a federal office building and hope somebody will finally find your website. Though engineer Joseph Stack left an online statement to explain his last act of desperation against the IRS, it was deleted “in compliance with a request from the FBI.” I guess his web hosts think the 1st Amendment has an FBI exemption. Even Google’s cache was expunged. This has freed Reporters to characterize Stack’s missive as a crazed rant. Nothing threatens the establishment like this conclusion: “Sadly, though I spent my entire life trying to believe it wasn’t so, … violence … is the only answer. The cruel joke is that [those] at the top have known this all along and have been laughing, at … fools like me all along.” I don’t know about you, but when I hear that a self-made engineer-businessman who has his own plane, commits suicide on principles he has articulated in a manifesto, I’m curious to hear him out.

I’m reminded of the sad story of the desperate antiwar activist who set himself on fire as a final protest of the escalating wars in Iraq and Afghanistan. He knew accomplices would only dissuade him, so he chose an isolated spot where he could proceed unmolested and set up a video camera to record the act. Naturally, policemen were the first to encounter his body and thus the footage of dramatic statement are consigned to the obscurity of their files.

single engine airplaneFortunately the internet is still too porous for redaction on the grounds of national security, or whatever reason the FBI contrived to censor Stack’s suicide note/screed/diatribe. The Smoking Gun has the usual non-text scans of what Joseph Stack wrote before he piloted his single-engine Piper PA-28 into the Austin TX IRS office. Here’s the full text of Stack’s manifesto.

If you’re reading this, you’re no doubt asking yourself, “Why did this have to happen?”  The simple truth is that it is complicated and has been coming for a long time.  The writing process, started many months ago, was intended to be therapy in the face of the looming realization that there isn’t enough therapy in the world that can fix what is really broken.  Needless to say, this rant could fill volumes with example after example if I would let it.  I find the process of writing it frustrating, tedious, and probably pointless… especially given my gross inability to gracefully articulate my thoughts in light of the storm raging in my head.  Exactly what is therapeutic about that I’m not sure, but desperate times call for desperate measures.

We are all taught as children that without laws there would be no society, only anarchy.  Sadly, starting at early ages we in this country have been brainwashed to believe that, in return for our dedication and service, our government stands for justice for all.  We are further brainwashed to believe that there is freedom in this place, and that we should be ready to lay our lives down for the noble principles represented by its founding fathers.  Remember? One of these was “no taxation without representation”.  I have spent the total years of my adulthood unlearning that crap from only a few years of my childhood.  These days anyone who really stands up for that principle is promptly labeled a “crackpot”, traitor and worse.

While very few working people would say they haven’t had their fair share of taxes (as can I), in my lifetime I can say with a great degree of certainty that there has never been a politician cast a vote on any matter with the likes of me or my interests in mind.  Nor, for that matter, are they the least bit interested in me or anything I have to say.

Why is it that a handful of thugs and plunderers can commit unthinkable atrocities (and in the case of the GM executives, for scores of years) and when it’s time for their gravy train to crash under the weight of their gluttony and overwhelming stupidity, the force of the full federal government has no difficulty coming to their aid within days if not hours?  Yet at the same time, the joke we call the American medical system, including the drug and insurance companies, are murdering tens of thousands of people a year and stealing from the corpses and victims they cripple, and this country’s leaders don’t see this as important as bailing out a few of their vile, rich cronies.  Yet, the political “representatives” (thieves, liars, and self-serving scumbags is far more accurate) have endless time to sit around for year after year and debate the state of the “terrible health care problem”.  It’s clear they see no crisis as long as the dead people don’t get in the way of their corporate profits rolling in.

And justice? You’ve got to be kidding!

How can any rational individual explain that white elephant conundrum in the middle of our tax system and, indeed, our entire legal system?  Here we have a system that is, by far, too complicated for the brightest of the master scholars to understand.  Yet, it mercilessly “holds accountable” its victims, claiming that they’re responsible for fully complying with laws not even the experts understand.  The law “requires” a signature on the bottom of a tax filing; yet no one can say truthfully that they understand what they are signing; if that’s not “duress” than what is.  If this is not the measure of a totalitarian regime, nothing is.

How did I get here?

My introduction to the real American nightmare starts back in the early ‘80s.  Unfortunately after more than 16 years of school, somewhere along the line I picked up the absurd, pompous notion that I could read and understand plain English.  Some friends introduced me to a group of people who were having ‘tax code’ readings and discussions.  In particular, zeroed in on a section relating to the wonderful “exemptions” that make institutions like the vulgar, corrupt Catholic Church so incredibly wealthy.  We carefully studied the law (with the help of some of the “best”, high-paid, experienced tax lawyers in the business), and then began to do exactly what the “big boys” were doing (except that we weren’t stealing from our congregation or lying to the government about our massive profits in the name of God).  We took a great deal of care to make it all visible, following all of the rules, exactly the way the law said it was to be done.

The intent of this exercise and our efforts was to bring about a much-needed re-evaluation of the laws that allow the monsters of organized religion to make such a mockery of people who earn an honest living.  However, this is where I learned that there are two “interpretations” for every law; one for the very rich, and one for the rest of us… Oh, and the monsters are the very ones making and enforcing the laws; the inquisition is still alive and well today in this country.

That little lesson in patriotism cost me $40,000+, 10 years of my life, and set my retirement plans back to 0.  It made me realize for the first time that I live in a country with an ideology that is based on a total and complete lie.  It also made me realize, not only how naive I had been, but also the incredible stupidity of the American public; that they buy, hook, line, and sinker, the crap about their “freedom”… and that they continue to do so with eyes closed in the face of overwhelming evidence and all that keeps happening in front of them.

Before even having to make a shaky recovery from the sting of the first lesson on what justice really means in this country (around 1984 after making my way through engineering school and still another five years of “paying my dues”), I felt I finally had to take a chance of launching my dream of becoming an independent engineer.

On the subjects of engineers and dreams of independence, I should digress somewhat to say that I’m sure that I inherited the fascination for creative problem solving from my father.  I realized this at a very young age.

The significance of independence, however, came much later during my early years of college; at the age of 18 or 19 when I was living on my own as student in an apartment in Harrisburg, Pennsylvania.  My neighbor was an elderly retired woman (80+ seemed ancient to me at that age) who was the widowed wife of a retired steel worker.  Her husband had worked all his life in the steel mills of central Pennsylvania with promises from big business and the union that, for his 30 years of service, he would have a pension and medical care to look forward to in his retirement.  Instead he was one of the thousands who got nothing because the incompetent mill management and corrupt union (not to mention the government) raided their pension funds and stole their retirement.  All she had was social security to live on.

In retrospect, the situation was laughable because here I was living on peanut butter and bread (or Ritz crackers when I could afford to splurge) for months at a time.  When I got to know this poor figure and heard her story I felt worse for her plight than for my own (I, after all, I thought I had everything to in front of me).  I was genuinely appalled at one point, as we exchanged stories and commiserated with each other over our situations, when she in her grandmotherly fashion tried to convince me that I would be “healthier” eating cat food (like her) rather than trying to get all my substance from peanut butter and bread.  I couldn’t quite go there, but the impression was made.  I decided that I didn’t trust big business to take care of me, and that I would take responsibility for my own future and myself.

Return to the early ‘80s, and here I was off to a terrifying start as a ‘wet-behind-the-ears’ contract software engineer… and two years later, thanks to the fine backroom, midnight effort by the sleazy executives of Arthur Andersen (the very same folks who later brought us Enron and other such calamities) and an equally sleazy New York Senator (Patrick Moynihan), we saw the passage of 1986 tax reform act with its section 1706.

For you who are unfamiliar, here is the core text of the IRS Section 1706, defining the treatment of workers (such as contract engineers) for tax purposes. Visit this link for a conference committee report (http://www.synergistech.com/1706.shtml#ConferenceCommitteeReport) regarding the intended interpretation of Section 1706 and the relevant parts of Section 530, as amended. For information on how these laws affect technical services workers and their clients, read our discussion here (http://www.synergistech.com/ic-taxlaw.shtml).

SEC. 1706. TREATMENT OF CERTAIN TECHNICAL PERSONNEL.

(a) IN GENERAL – Section 530 of the Revenue Act of 1978 is amended by adding at the end thereof the following new subsection:

(d) EXCEPTION. – This section shall not apply in the case of an individual who pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work.

(b) EFFECTIVE DATE. – The amendment made by this section shall apply to remuneration paid and services rendered after December 31, 1986.

Note:

·      “another person” is the client in the traditional job-shop relationship.

·      “taxpayer” is the recruiter, broker, agency, or job shop.

·      “individual”, “employee”, or “worker” is you.

Admittedly, you need to read the treatment to understand what it is saying but it’s not very complicated.  The bottom line is that they may as well have put my name right in the text of section (d).  Moreover, they could only have been more blunt if they would have came out and directly declared me a criminal and non-citizen slave.  Twenty years later, I still can’t believe my eyes.

During 1987, I spent close to $5000 of my ‘pocket change’, and at least 1000 hours of my time writing, printing, and mailing to any senator, congressman, governor, or slug that might listen; none did, and they universally treated me as if I was wasting their time.  I spent countless hours on the L.A. freeways driving to meetings and any and all of the disorganized professional groups who were attempting to mount a campaign against this atrocity.  This, only to discover that our efforts were being easily derailed by a few moles from the brokers who were just beginning to enjoy the windfall from the new declaration of their “freedom”.  Oh, and don’t forget, for all of the time I was spending on this, I was loosing income that I couldn’t bill clients.

After months of struggling it had clearly gotten to be a futile exercise.  The best we could get for all of our trouble is a pronouncement from an IRS mouthpiece that they weren’t going to enforce that provision (read harass engineers and scientists).  This immediately proved to be a lie, and the mere existence of the regulation began to have its impact on my bottom line; this, of course, was the intended effect.

Again, rewind my retirement plans back to 0 and shift them into idle.  If I had any sense, I clearly should have left abandoned engineering and never looked back.

Instead I got busy working 100-hour workweeks.  Then came the L.A. depression of the early 1990s.  Our leaders decided that they didn’t need the all of those extra Air Force bases they had in Southern California, so they were closed; just like that.  The result was economic devastation in the region that rivaled the widely publicized Texas S&L fiasco.  However, because the government caused it, no one gave a shit about all of the young families who lost their homes or street after street of boarded up houses abandoned to the wealthy loan companies who received government funds to “shore up” their windfall.  Again, I lost my retirement.

Years later, after weathering a divorce and the constant struggle trying to build some momentum with my business, I find myself once again beginning to finally pick up some speed.  Then came the .COM bust and the 911 nightmare.  Our leaders decided that all aircraft were grounded for what seemed like an eternity; and long after that, ‘special’ facilities like San Francisco were on security alert for months.  This made access to my customers prohibitively expensive.  Ironically, after what they had done the Government came to the aid of the airlines with billions of our tax dollars … as usual they left me to rot and die while they bailed out their rich, incompetent cronies WITH MY MONEY!  After these events, there went my business but not quite yet all of my retirement and savings.

By this time, I’m thinking that it might be good for a change.  Bye to California, I’ll try Austin for a while.  So I moved, only to find out that this is a place with a highly inflated sense of self-importance and where damn little real engineering work is done.  I’ve never experienced such a hard time finding work.  The rates are 1/3 of what I was earning before the crash, because pay rates here are fixed by the three or four large companies in the area who are in collusion to drive down prices and wages… and this happens because the justice department is all on the take and doesn’t give a fuck about serving anyone or anything but themselves and their rich buddies.

To survive, I was forced to cannibalize my savings and retirement, the last of which was a small IRA.  This came in a year with mammoth expenses and not a single dollar of income.  I filed no return that year thinking that because I didn’t have any income there was no need.  The sleazy government decided that they disagreed.  But they didn’t notify me in time for me to launch a legal objection so when I attempted to get a protest filed with the court I was told I was no longer entitled to due process because the time to file ran out.  Bend over for another $10,000 helping of justice.

So now we come to the present.  After my experience with the CPA world, following the business crash I swore that I’d never enter another accountant’s office again.  But here I am with a new marriage and a boatload of undocumented income, not to mention an expensive new business asset, a piano, which I had no idea how to handle.  After considerable thought I decided that it would be irresponsible NOT to get professional help; a very big mistake.

When we received the forms back I was very optimistic that they were in order.  I had taken all of the years information to Bill Ross, and he came back with results very similar to what I was expecting.  Except that he had neglected to include the contents of Sheryl’s unreported income; $12,700 worth of it. To make matters worse, Ross knew all along this was missing and I didn’t have a clue until he pointed it out in the middle of the audit.  By that time it had become brutally evident that he was representing himself and not me.

This left me stuck in the middle of this disaster trying to defend transactions that have no relationship to anything tax-related (at least the tax-related transactions were poorly documented).  Things I never knew anything about and things my wife had no clue would ever matter to anyone.  The end result is… well, just look around.

I remember reading about the stock market crash before the “great” depression and how there were wealthy bankers and businessmen jumping out of windows when they realized they screwed up and lost everything.  Isn’t it ironic how far we’ve come in 60 years in this country that they now know how to fix that little economic problem; they just steal from the middle class (who doesn’t have any say in it, elections are a joke) to cover their asses and it’s “business-as-usual”.  Now when the wealthy fuck up, the poor get to die for the mistakes… isn’t that a clever, tidy solution.

As government agencies go, the FAA is often justifiably referred to as a tombstone agency, though they are hardly alone.  The recent presidential puppet GW Bush and his cronies in their eight years certainly reinforced for all of us that this criticism rings equally true for all of the government.  Nothing changes unless there is a body count (unless it is in the interest of the wealthy sows at the government trough).  In a government full of hypocrites from top to bottom, life is as cheap as their lies and their self-serving laws.

I know I’m hardly the first one to decide I have had all I can stand.  It has always been a myth that people have stopped dying for their freedom in this country, and it isn’t limited to the blacks, and poor immigrants.  I know there have been countless before me and there are sure to be as many after.  But I also know that by not adding my body to the count, I ensure nothing will change.  I choose to not keep looking over my shoulder at “big brother” while he strips my carcass, I choose not to ignore what is going on all around me, I choose not to pretend that business as usual won’t continue; I have just had enough.

I can only hope that the numbers quickly get too big to be white-washed and ignored that the American zombies wake up and revolt; it will take nothing less.  I would only hope that by striking a nerve that stimulates the inevitable double standard, knee-jerk government reaction that results in more stupid draconian restrictions people wake up and begin to see the pompous political thugs and their mindless minions for what they are.  Sadly, though I spent my entire life trying to believe it wasn’t so, but violence not only is the answer, it is the only answer.  The cruel joke is that the really big chunks of shit at the top have known this all along and have been laughing, at and using this awareness against, fools like me all along.

I saw it written once that the definition of insanity is repeating the same process over and over and expecting the outcome to suddenly be different.  I am finally ready to stop this insanity.  Well, Mr. Big Brother IRS man, let’s try something different; take my pound of flesh and sleep well.

The communist creed: From each according to his ability, to each according to his need.

The capitalist creed: From each according to his gullibility, to each according to his greed.

Joe Stack (1956-2010)

02/18/2010

Will our city presume to prohibit life for whoever can’t afford to pay their way?

In case you thought City Council’s reprieve earlier this winter reflected a soft spot in their heart for the homeless forced to live in tents, in reality the city attorneys advised any purge of the unsightly camps be delayed until an iron-clad ordinance could be devised. The suggested legal verbiage was reviewed at Monday’s meeting, to be formally adopted today. It reads “9.6.109. Camping on Public Property Prohibited.” The definition of “camping” to include: “Sleeping or making preparation to sleep, including the lying down of bedding for the purpose of sleeping.”

No sleeping. On public property.

By the way, I care not the least about a slippery slope that might infringe on your prerogative to take a nap in the park. This is not about the average man losing his middle class privileges to the creep of authoritarian rule-making. At some point I have to presume we agree that human beings have some inalienable rights. They used to be lofty ideals, protected by fundamental principles. On the issue of sleep, we are discussing the right to an involuntary life function.

The right to defecate is what’s got these homeless camps in trouble, but it stands to reason that to shit is more than a right too, it’s a necessity. All of this is dreadful platitude unless it’s escaped our city administrators. Are they suggesting that because the city cannot provide for the services for its people, that the people must forgo their basic creature needs?

What inhuman folly. And on public ground. Where are they to go? Must man pay rent to exist?

That you can dictate the rights of another on private land is open to debate. By whose authority do you claim dominion to use land for yourself? How dare you refuse a fellow human being, wherever he might need to rest his head? Granting the argument for private property, who are you to force your will upon others on shared common property? Others can’t do what? Where?

Do public lands belong only to property owners? You can legislate the right to take property for yourself, but you can’t hoard all of it. You have the right to private land precisely because the remainder is reserved for the public. The authority to give the deed to you comes from a governing entity empowered by everyone. A government is bound to providing for the land-less in exchange for the privilege to sell premium land to the better-off.

And a city has obligations to service that public land just as much as it serves the private lots. Can local administrators say, sorry, no more money for water, sewer, utilities, or security? Neither can it fail its responsibilities to the poor.

You aren’t obligated to provide eat, drink and shelter to all, but you can’t deny men access to the basic resource of land. Would you have men born into cells until they agree to work for their sustenance? Colorado Springs would deny them heat and sleep too. If we could, would we regulate breath?

On public land you have limited authority to regulate. Where private property owners crow about property rights, so do the public have property rights. Every bit, and perhaps more sacrosanct. The public can consent to regulation, for the safety and health of all etc, but that doesn’t encompass prohibition. You want health and safety, you provide the services. You have no authority to deny the service and then deny man’s basic needs. What an absolute crock.

Below is the text of the city’s proposed ordinance. It describes the creation of a new section, under 9.6.109.

9. Public Offenses, fair enough;

6. Offenses Affecting Property, a functional necessity of course;

109. Camping on Public Property Prohibited. Huh?

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS:

9.6.109: CAMPING ON PUBLIC PROPERTY PROHIBITED:

A. It is unlawful for any person to camp on any public property, except as may be specifically authorized by the appropriate governmental authority.

B. For the purposes of this section “camp” or “camping” means to use the public area for living accommodation including, but not limited to, the activities and circumstances listed below. These activities and circumstances may be considered in determining whether reasonable grounds for belief have arisen that a person has “camped” or is “camping” in violation of this ordinance.

1. Sleeping or making preparation to sleep, including the lying down of bedding for the purpose of sleeping.

2. Occupying a shelter out-of-doors. “Shelter” shall mean any cover or protection from the elements other than clothing, such as a tent, shack, sleeping bag, or other structure or material.

3. The presence or use of a camp fire, camp stove or other heating source or cooking device.

5. Keeping or storing personal property.

Sleep, a basic animal function. Shelter, a fundamental human need. Fire, the first of mankind’s tools. Before agriculture was fire.

Property. How unbecoming that an ordinance seeking to prohibit the public’s right to public property should also deprive the public of the ability to keep personal property.

Also presented on Monday were recommendations from the city management, detailing the consequences of violating the camping prohibition. They included this paragraph:

FINANCIAL IMPLICATIONS: A violation of these updated ordinances may result in a fine and sentencing to the Criminal Justice Center (CJC). In the past, homeless individuals have been known to ignore summonses to appear in Municipal Court until it is advantageous for them to be placed in CJC (cold weather, need for food and/or shelter, etc.). The preferred method of dealing with these types of violations would be to gain the cooperation of the individuals involved without relying upon the criminal justice system, thus removing them from the circumstance by linking them with the appropriate service agency.

Making the specious argument basically that since homeless persons sometimes get themselves arrested on purpose, authorities are justified in accommodating them full time. How considerate of us.

Vaneigem on energy as commodity

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

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

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

In Conversation with Raoul Vaneigem

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

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

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

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

HUO: Which situationist projects remain unrealized?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HUO: Where is love in Oarystis?

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

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

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

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

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

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

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

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

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

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

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

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

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

HUO: Is life ageless?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Translated from the French by Eric Anglès

The consumer goods Killer App -KILLED

A consumer goods bar code scannerFinally a real KILLER APP. A free iPhone application called the Good Guide lets you scan the barcodes of (eventually) every consumer good to learn immediately its goodness rating on a scale of 0-10. No more Consumer Report printouts, mental notes or improvisational evaluation. The Good Guide score is the synthesis of three criteria, the ratings for which are also shown: health, environment and social. How healthy is this item? How environmentally friendly? And how socially-responsible is the producer? Notably missing is a ranking for price, sidestepping the inescapable real world cost vs. benefit compromise.

UPDATE: FALSE HOPE ALARM. So far the products itemized by the GoodGuide are the General Mills variety, all of them rank highly. There’s a sugared cinnamon cereal that gets a 10 for health. Hoho.

According to an article in Grist, GoodGuide emerged from a project called TAO IT, created by Dara O’Rourke, associate professor at UC Berkeley’s Department of Environmental Science, Management and Policy. Goodguide’s aim sounds like a watchdog function better administrated by a regulatory agency. I can already see industry lobbyists setting up offices to influence the GoodGuide analysts.

A lot will depend on the transparency of the GoodGuide benchmarks and the objective distance they can keep from market interests. For example, the PR budget of one conglomerate alone could create a faux ratings mechanism to usurp GoogGuide as consumers-aid du jour. A recent processed food industry Smart Choices badge comes to mind.

The GoodGuide evaluation policies do give a good impression.

GoodGuide aggregates and analyzes data on both product and company performance. We employ a range of scientific methods – health hazard assessment, environmental impact assessment, and social impact assessment – to identify major impacts to human health, the environment, and society. Each of these categories is then further analyzed within specific issue areas, such as climate change policies, labor concerns, and product toxicity. Currently, GoodGuide’s database has over 600 base criteria by which we evaluate products and companies.

Health Performance
As an example, for health performance, GoodGuide’s system takes into account both the impacts of a company’s operations on its workers and local communities, and the impacts of using a specific product on your health. Our team has gathered data on important health hazards such as:

• Cancer risks
• Reproductive health hazards
• Mutagenicity
• Endocrine disruption
• Respiratory hazards
• Skin and eye irritation

Our research currently uses a simplified health hazard assessment process that allows us to rate thousands of products along standard criteria. It should be noted that while these ratings are not risk assessments of products or chemicals, they do highlight potential hazards associated with the use of these products.

Environmental Performance
For environmental performance, GoodGuide is aggregating data on the life-cycle impacts of products, from manufacturing to transportation to use to final disposal. For companies, impact categories include:

• Environmental emissions and their impacts on air, water, land, and climate
• Natural resource impacts
• Environmental management programs

GoodGuide uses these categories to generate overall environmental performance ratings for companies.

Social Performance
For social issues, GoodGuide aggregates data on the social impacts companies have on their employees:

• Compensation
• Labor and human rights practices
• Diversity policies
• Working conditions

In addition to impacts on employees, Social Performance ratings consider impact on consumers and communities. The social scoring system also brings together information on corporate governance, disclosure policies, and overall practices.

OUR RATINGS

Types of Information
Different types of information flow into GoodGuide’s system: absolute measures, relative measures, and binary measures. Absolute measures describe measurable activities of a company or product. For example, the pounds of toxic air emissions released per year, the CEO’s salary, or the amount of money a company donated to charity. Relative measures are scores, such as a numerical grade of “6.5 out of 10” or a textual grade of “bad” to “excellent.” Binary (or Yes/No) measures indicate whether a product or company does or does not have specific characteristics. For example, a product may or may not have earned an environmental certification, or a company may or may not test its products on animals.

The GoodGuide Rating
These measures are then used to create GoodGuide’s ratings. To calculate a single rating for a product or company, we convert all of the existing measures into a 0 to 10 score. In GoodGuide’s system, a score of 10 is the best and a score of 0 is the worst. Products and companies are rated relative to the performance of similar products or companies in the same industry.

The initial ratings are based on a set of selected criteria from a broad pool of data available within the GoodGuide database. We think these criteria are some of the most representative and understandable. As this is the first time all of this data has ever been aggregated in the same place, we are currently working to assess the consistency and comparability of measures across our many data sources. We would love to hear your suggestions on the relative importance of these various measures of product and company performance.

GoodGuide recognizes that even the most quantitative assessment of environmental, health, or social issues requires value judgments about the relative importance of various issues. For example, rational people can disagree over the relative importance of animal testing in evaluating a product or company. We have used our best scientific judgment in building our current ratings, and in future versions we will flag issues where personal values and preferences are particularly relevant. We will then enable people to create personalized ratings based on their own concerns.

In order to facilitate your ability to assess the data, we will also be providing an assessment of data uncertainty, completeness, and quality. These assessments can be used to weight the existing data within the GoodGuide database.

Incomplete Data
In some cases data is unavailable for a company or a product. This may be because we have not yet identified a credible data source for a given issue or topic. It may also be that the data is not publicly available because companies have not disclosed critical information. One goal of this project is to work collaboratively with key stakeholders around the world, including government agencies, non-profit organizations, private research firms, and companies to promote the quantity and quality of disclosure of important data to the public.

Learn more about GoodGuide’s methodology.

Bobcat

bobcat lynx rufus spotted on Cheyenne MountainCOLO. SPRINGS- We’ve seen mule deer in the dozen, two bears wrestling, and fox triplets at play, but this was the first wild cat Marie had seen on Cheyenne Mountain. Did it escape the zoo? It’s a Bobcat, aka Lynx Rufus, halted momentarily for the camera. This cat stood 22 inches or so tall at the shoulders, with a paw print 2.5 inches wide, and moved with a stealthy nonchalance across the properties, but you could plot its progress by the loud consternation of the birds. Wildlife management was not alerted.



bobcat lynx rufus cheyenne mountain
Taking in the sun while waiting out the photographer.

bobcat lynx rufus hunting
Deciding on an alternate route.

US Senate represents Insurance, Israel

Are you represented by a US senator? I doubt it. Today the Senate Finance Committee rejected Public Option amendments to the health care reform legislation; continued to vilify ACORN based on fraudulent accusations hyped the MSM; and thirty two senators signed a letter drafted by AIPAC, to urge Secretary of State Clinton to block further investigation of Israel for its crimes in Gaza based on the findings of the Goldstone Report.
 
Abolish the Senate! Does America have any use for a House of Lords?

Today five Democrats joined the ten Republicans on the Senate Finance Committee to reject a PUBLIC OPTION. The senators voting no were: Max Baucus (D-MT), Kent Conrad (D-ND), Blanche Lincoln (D-AR), Thomas Carper (D-DE), Bill Nelson (D-FL), Orrin Hatch (R-UT), Charles Grassley (R-IA), John Ensign (R-NV), Olympia Snowe (R-ME), Jon Kyl (R-AZ), Jim Bunning (R-KY), Mike Crapo (R-ID), Pat Roberts (R-KS), Mike Enzi (R-WY), John Cornyn (R-TX)

Senator Rockerfeller promoted his public option saying that “the public option is on the march.” There should be more pitchforks than that on the march. Who are these rich bastards who lord over our representatives in Congress? It’s a House of Lords, representing America’s moneyed interests, against the needs of the common people.

Senators Saxby Chambliss (R-Ga) and Johnny Isakson (R-Ga) collected signatures last week to urge the GAO to investigate ACORN. I mention this letter because of similar source of today’s letter.

Isakson and Kirsten Gillibrand (D-NY) circulated the letter to block the UN from taking action against Israel. The other senators, among them 16 Democrats, are: Charles Schumer (D-NY), Robert Menendez (D-NJ), Carl Levin (D-MI), Barbara Boxer (D-CA), Tim Johnson (D-SD), David Vitter (D-ND), Evan Bayh (D-IN), Mark Begich (D-AK), Benjamin Cardin (D-MD), Barbara Mikulski (D-MD), Byron Dorgan (D-ND), Ron Wyden (D-OR), Russ Feingold (D-WI), Dan Inouye(D-HI), Frank Lautenberg (D-NJ), Arlen Specter (D-PA), Joe Lieberman (I-CT), Mike Crapo (R-ID), Jon Kyl (R-AZ), James Risch (R-ID), Pat Roberts (R-KS), Susan Collins (R-ME), Jim DeMint (R-SC), John Ensign (R-NV), Orrin Hatch (R-UT), Mike Johanns (R-NE), Roger Wicker (R-MS), John McCain (R-AZ), John Thune (R-SD), and Lisa Murkowski (R-AK).

Do these people represent the American People? Here is their letter sent on behalf of Israel:

Dear Madam Secretary,

We appreciate the State Department publicly raising significant concerns about the United Nations Fact-Finding Mission led by Justice Richard Goldstone. We believe it is critical that the U.S. continue to work very hard to block any punitive actions against Israel that this report mentions, whether at the Security Council or other U.N. bodies. The loss of innocent lives is unfortunate wherever it occurs – in Israel or in Gaza. But this biased report ignores many of the key facts, and this should be recognized by the international community.

We commend the State Department statements criticizing the one-sided mandate directing the Goldstone report and highlighting the real causes of the war between Israel and Hamas. In particular, we are gratified that the Department has very serious concerns about the report’s recommendations, including calls that this issue be taken up in international fora outside the Human Rights Council and in national courts of countries not party to the conflict. As the United Nations Human Rights Council moves toward a resolution on the Goldstone report, we trust you and your team will denounce the unbalanced nature of this investigation.

There are many serious flaws with the Goldstone report and the investigatory process. The Goldstone mission’s mandate was problematic from the start. The fact that the mission exceeded this mandate by also criticizing some of Hamas’ activities does not diminish the problem that the vast majority of the report focuses on Israel’s conduct, rather than that of Hamas. The report further fails to acknowledge Israel’s right to defend itself against terrorism and other external threats, a right of all UN Members under Article 51 of the UN Charter. The report ignores the fact that Israel acted in self-defense only after its civilian population suffered eight years of attacks by rockets and mortars fired indiscriminately from Gaza. Furthermore, the report does not adequately recognize the extraordinary measures taken by the Israel Defense Forces to minimize civilian casualties, which frequently put Israeli soldiers at risk.

As the State Department has stated, Israel is a democratic country, like the United States, with an independent judiciary and democratic institutions to investigate and prosecute abuses. The Israel Defense Forces have a reputation for investigating alleged violations of international law and its internal military code of conduct. As a law-abiding state, Israel is in the process of conducting numerous investigations for which it should be commended not condemned.

We hope you will succeed in your efforts to ensure that consideration of the report at the current meetings of the UN Human Rights Council will not provide an opportunity for Israel’s critics to unfairly use the Council and the report to bring this matter to the UN Security Council.

Sincerely,

Senator Kirsten E. Gillibrand

Senator Johnny Isakson

For the record, here also is Isakson’s letter trying to bring heat to the poverty-rights advocacy group ACORN:

The Honorable Gene L. Dodaro
Acting Comptroller General
U.S. Government Accountability Office

Dear Mr. Dodaro,

I am writing to request that the Government Accountability Office (GAO) undertake a review of ACORN, otherwise known as the Association of Community Organizations for Reform Now. For purposes of this letter, the term ACORN shall mean the organization itself, its subsidiaries, its affiliates, and the employees of all such organizations.

Any such investigation should:

(1) Analyze the business structure and organizational management of ACORN.

(2) Analyze ACORN’s compliance with state, local and federal law.

(3) Examine ACORN’s tax structure focusing on a delineation of what activities fall under their 501(c)3 umbrella and what, if any, do not.

(4) Compile a comprehensive list of all federal funding that ACORN has received since its inception; including, but not limited to, contracts, cooperative agreements, grants, appropriations and emergency funding.

(5) Examine grants or payments for services made by ACORN, its subsidiaries or affiliates.

(6) Examine grants or payments for services received by ACORN, its subsidiaries or affiliates.

Current voter fraud investigations in several states, prior fraud convictions, and new video showing apparent illegal activity by ACORN employees suggest that at the very least the organization warrants a top to bottom investigation on behalf of the taxpayer. Taxpayers deserve nothing less than a thorough and transparent accounting of ACORN’s activities.

Lamborn’s NO HEALTHCARE teabaggers want to hear from YOU

According to CSAction, snively congressman Doug Lamborn has sent out 70,000 mailers, billed to the taxpayer, to disseminate the insurance biz wingnut falsehoods about health care reform. He’s hoping to reconstitute a teabagger assembly at a public meeting on Thursday evening, August 27, at the Valley Hi Golf Course on Colorado Springs’ Southeast side. Get there early with YOUR message. 5PM, Chelton and Airport. The anti-tax teabaggers hate standing next to signs that don’t represent them, so think of some slogans that do. How about: DO UNTO OTHERS, or
FAITH HOPE CHARITY, or “as you did to the least of My brethren,
you did it to Me.” -Matt 25:40

CSAction has posted talking points and updates. Here are Mark’s arguments:

Representative Doug Lamborn has just sent out an estimated 70,000 mailers “prepared, published and mailed at taxpayer expense” that are full of LIES and disinformation about the healthcare reform bills. It’s only estimated to be 70,000 because, when asked about the total number mailed, LAMEborn’s Communications Director Catherine Mortensen, “I have the figures, but I don’t have the authority to give them to you.”

Actually they don’t have the authority to withhold that information because it’s public record, given that this pack of LIES was “prepared, published and mailed at taxpayer expense.”

The mailer says “114 million could lose their current health care coverage under the bill”. This is a LIE!

This absurd figure comes from “The Impact of the House Health Reform Legislation Coverage and Provider Incomes,” by the Lewin Group. The Lewin Group is a “research” and management consulting (lobbyist) firm owned entirely by the second largest health insurer in the nation, UnitedHealth Group.

Furthermore, the “research” does NOT show 114 million LOOSING healthcare but CHANGING insurers, AND an additional 9.4 million being insured that are not now. It’s a total guess as to how many would change over to the public plan, if offered. The 114 million was a figure the Lewin Group published in June, which they revised DOWN to 88.1 million in July, so it’s not even their most current LIE.

The Congressional Budget Office came to a different conclusion, saying that enrollment in the House Democrats’ proposed public plan would total 11 million to 12 million people.

The Lewin Group is part of Ingenix, a wholly-owned UnitedHealth subsidiary that was accused by the New York attorney general and the American Medical Association of helping insurers shift medical expenses to consumers by distributing skewed data. Ingenix supplied UnitedHealth and other insurers with data that allegedly understated the “reasonable and customary” doctor fees that insurers use to determine how much they will reimburse consumers for out-of-network care.

In January, United Health agreed to a $350 million settlement with the AMA, and a $50 million settlement with the New York attorney general, covering conduct going back as far as 1994, when they were distributing skewed information to fight President Clinton’s healthcare reforms.

Next LIE in this mailer: “4.7 million jobs that could be lost as a result of tax hikes on small businesses”.

This absurd figure comes from an op-ed piece written by House minority leader John Boehner, who admitted to distributing bribes from Big Tobacco on the floor of the House. He says got the figures according to the methodology developed by Christina Romer, the chair of the Council of Economic Advisers in the Obama administration. She NEVER said such a thing, and he obviously he doesn’t understand her methodology.

What did she really say?

“The current healthcare system does not work well for small businesses.”

“They pay about 18% more for comparable coverage than a big firm, and that puts them at a competitive disadvantage.”

“Healthcare reform is ABSOLUTELY aimed at easing those burdens.”

“The plan has a tax credit for small businesses.”

Watch her entire statement here.

Lewin Group Vice President John Sheils admits 114 million would NOT lose their employer-sponsored coverage AND they wouldn’t be forced into a government-run health plan. Rather, they would be able to choose between the government plan and other private options, through the exchange, and “they might very well be better off,” he said.

But not all of the firm’s corrupt reports see the light of day. For example, a study for the Blue Cross Blue Shield Association was never released, Sheils said.

“Let’s just say, sometimes studies come out that don’t show exactly what the client wants to see. And in those instances, they have [the] option to bury the study — to not release it, rather,” Sheils said.

CSaction reminds everyone present to be peaceful in word and action and not behave like the industry stooges disrupting town halls and shouting down citizens.

No. 1 domestic terrorist Daniel McGowan

The Huffington Post published a letter by ELF/ALF political prisoner Daniel McGowan, who is allowed to send one letter per week from CMU36, the controversial “Communication Management Unit” whose cover-name is USP Marion. According to McGowan, prison guards call it the “I Unit,” which probably does not stand for illegal.

As of May 2009, I have been at USP Marion’s “Communication Management Unit,” or CMU, for roughly nine months and now is a good time to address the misconceptions (and the silence) regarding this unit. I want to offer a snapshot of my day-to-day life here as well as some analysis of what the existence of CMUs in the federal prison system implies. It is my hope that this article will partially fill the void of information that exists concerning the CMU, will help dispel rumors, and will inspire you to support those of us on the inside fighting the existence of these isolation units — in the courts and in the realm of public opinion.

It is best to start from the beginning — or at least where my story and the CMU meet. My transfer here is no different from that of many of the men here who were living at Federal Correctional Institutions (normal prisons) prior to the genesis of the CMUs. On May 12, 2008, on my way back from a decent lunch, I was told to report to “R&D” (receiving and discharge). I was given two boxes and half an hour to pack up my meager possessions. After complying I was placed in the SHU (secure housing unit or “hole”) and put on a bus the next day. There was no hearing and no information given to me or my attorneys — only after a day was I told I was on my way to Marion, Illinois’ CMU.

Hearing the term “CMU” made my knees buckle as it drummed up some memory I had of the infamous “control units” at Marion (closed in 1995 and replaced by Florence ADX: the lone Federal “Supermax” prison). Then it hit me. The lawyers, in challenging the application of the terrorist enhancement in my case, made the prescient argument that if I receive the enhancement, the Bureau of Prisons (BoP) would use that to place me in the CMU at FCI Terre Haute, Indiana (at the time just 5 months old). In fact, on the way to FCI Sandstone in August 2007, I not only saw the CMU but met one of its residents while in transit. Let me back up and offer a brief history of the Communication Management Units.

The CMU I reside in, at USP Marion, received its first prisoner in May 2008 and when I arrived, held about 17 men, the majority of whom were Muslim. Currently, the unit has 25, with a capacity of 52 cells. In April 2009, we received seven new people, all of whom were from the CMU at FCI Terre Haute. The unit is overwhelmingly Muslim with 18 men identifying as such. Most, but not all of the prison, have so-called terrorism cases. According to a BoP spokesperson, the unit “will not be limited to inmates convicted of terrorism-related cases through all of the prisoners fit that description.” Others have prison disciplinary violation or allegations related to communication and the misuse of telephones etc. Here, almost everyone has a terrorism related case — whether it is like my case (destruction of property characterized as “domestic terrorism”) or conspiracy and “providing material aid” cases.

Before the Marion CMU opened, there was the original CMU, opened in December 2006 at the former death row at FCI Terre Haute. According to early articles, the unit was intended for “second tier terrorism inmates, most of them Arab Muslims and a less restrictive version of the Supermax in Florence, Colorado.”

Additionally, BoP Director Harley Lappin, in a July 2008 hearing on the 2009 BoP budget request, said of the CMUs, “A lot of the more serious offenders, terrorists, were housed at ADX Florence. So, we are ramping up two communications management units that are less restrictive but will ensure that all mail and phone calls of the offenders are monitored on a daily basis.”

Terre Haute’s CMU has 36 men (27 of whom are Muslim) and is roughly comparable to Marion’s CMU. The rest of this place focuses on the latter, in which I have resided and of which I have seen firsthand.

You may be curious about just what a CMU actually is. From my correspondence, I can tell that many correspondents do not know much about what goes on here. I hope this can clear up any misperceptions. According to the BoP,

The CMU is [sic] established to house inmates who, due to their current offense of conviction, offense conduct or other verified information, require increased monitoring of communication between inmates and persons in the community in order to protect the safety, security, and orderly operations of Bureau facilities and protect the public…The CMU is a self-contained general population housing unit.

There are, of course, alternate views to the above definition including the belief that the CMUs are Muslim units, a political prisoner unit (similar to the HSU operated by the BoP in the 80’s, and a punishment unit.

The CMUs have an extremely high Muslim population; here at Marion, it is 65-75%. An overrepresentation of any one demographic in a prison raises constitutional issues of equal protection as well as safety issues. Nowhere in the BoP will you find any group represented in such extreme disproportion. To counter these claims, the BoP brought in a small number of non-Muslims to be used as proof that the units are not strictly Muslim (an interesting note is that some of the Muslim men here have cases unrelated to terrorism). Does the inclusion of six people that are non-Muslim really negate the claim of segregation though? What are the criteria for determining who comes to the CMU? The BoP claims there are 211 international terrorists (and 1000 domestic terrorists) in their system. Yet, the CMUs have no more than 60 men at the present time. Where are the rest of these people? How does the BOP determine who of those 1200 are sent to a CMU and who to normal prisons? These are questions that need to be asked — in court and in the media.

Many of the men here (both Muslim and non) are considered political prisoners in their respective movements and have been engaged in social justice, religious organizations, charities and humanitarian efforts. Another conception of the CMU is that it is a location designed to isolate us from our movements and to act as a deterrent for others from those movements (as in “step outside the line and you too will end up there”). The intended effect of long-term housing of this kind is a profound sense of dislocation and alienation. With your mail, email, phones, and visits monitored and no human touch allowed at the visits, it is difficult to feel a connection to “the streets.” There is historical evidence of the BoP utilizing political prisons — despite the fact that the Department of Justice refuses to acknowledge the concept of political prisoners in US prisons, choosing to call us “criminal” instead.

The Lexington High Security Unit (HSU) was one such example. Having opened its 16-bed facilities in 1988 and housing a number of female political prisoners, the HSU functioned as an isolation unit — underground, bathed in fluorescence, and limited interaction with staff. In the opinion of Dr. Richard Korn, speaking on behalf of the American Civil Liberties Union, the unit’s goal was “…to reduce prisoners to a state of submission essential for their ideological conversion. That failing, the next objective is to reduce them as efficient, self-directing antagonists. That failing, the only alternative is to destroy them by making them destroy themselves.”

After an arduous campaign by human rights advocates and supporters, the BoP capitulated, stating it would close its facility (when it did not, it was sued). The judge ruled that the plaintiffs were illegally designated based on their past political affiliations, statements and political beliefs. The unit was closed and the women were transferred to other prisons.

The correlations between the HSU and CMU are many and seem to have some of the same goals as well as methods used to designate us here. Knowing they are dealing with people committed to ideals and the movements they are a part of, we were placed here in order to weaken those connections and harm our relationships. An example is the horrendous strain that the CMU puts on our familial relations — especially our marriages. It was certainly considered by the architects of the CMU that preventing visits that allow human touch for long-term prisoners would have a disastrous impact on our relationships and would lead to weaker inmates.

Finally, the CMU can be viewed as “the stick” — a punitive unit for those who don’t play ball or who continue to express political beliefs anathema to the BoP or the US government. Although I am not aware of the BoP’s criteria for sending people here (due to their refusal to release specific CMU information), it is curious who is and who is not here. Out of roughly 18 codefendants in my criminal case, I am the only one at a CMU (the remainder of them are at low and medium security prisons). The same goes for a member of the SHAC7 campaign, Andrew Stepanian, one of 6 defendants in his case who was sent here for the last 6 months of his sentence. Other men here have codefendants at the Terre Haute CMU while others have codefendants at normal federal prisons. Despite numerous Freedom of Information Requests, the BoP refuses to grant the documents that specify the rules governing transfer to the CMU. Remember, hardly any of the men here have received any disciplinary violations and some have been in general population over 15 years! How can someone be okay in general population for that long and then one day be seen as a communication threat?

So, I have hypothesized about the goals of the CMU. Let me discuss the many problems and injustices associated with the existence of the CMUs.

Due process
More appropriately, a lack thereof. A term I never thought much about before my imprisonment, due process is:

…the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to hearing before a tribunal [my emphasis] with the power to decide the case.

I was moved from FCI Sandstone, against my will and at a moment’s notice, with no hearing and thus no chance to contest the reason for my transfer. A FOIA request recently received states I was redesignated May 6th, my transfer was signed the next day and I was moved on May 13th with the reason given as “program participation”. Since I got here, I have not had a hearing to contest the claims made in the “Notice to Inmate of Transfer to CMU, ” some of which were woefully inaccurate. Instead, I was told I can utilize the administrative remedy process (which I have done to no avail) and request a transfer after 18 months of “clear conduct”.

The irony is that all prisoners who violate prison rules are subject to a series of disciplinary hearings in which they could offer their defense. For legal units such as Florence ADX (Supermax) or the control unit program, there exists a codified set of rules and hearings for transfer to these locations. The BoP has deliberately ignored this process and has instead transferred us to this special, brand-new CMU without due process. My notice of transfer was given to me 12 days after I arrived!

Similar to the callous disregard for due process (and the US Constitution), there is no “step down” process for the CMU. Unlike the ones that exist at Florence ADX, control units or even the gang units, the CMU has no stages, no requisite amount of time we are to spend here before being sent back to a normal prison.

Because these preceding programs are specifically for prison misbehavior, there is a logical and orderly way to finish the program and eventually transfer. For us, the BoP has set up a paradox — if we are here for our offense conduct, which we cannot ever change, how can we reasonably leave the unit? In its “Admissions and Orientation” guide for Marion’s CMU, here is what they say:

Every new commitment to the CMU will be evaluated by his unit team regarding his suitability for incarceration in this institution. If, for some reason, the inmate is deemed not acceptable for confinement in this unit, he will be processed as expeditiously as possible…

[I am still roughly 10 months from my 18-month period in which I must wait before requesting a transfer. Considering the fact that all my remedies have been denied, I am not hopeful about this.]

CMU as Secret
In addition to the due process and transfer issues, there is the secretive and illegal manner that the CMU was created (Note: for historical perspectives, it needs to be stated that the CMU was established roughly halfway through the second term of George W. Bush and his Attorney General Alberto Gonzales.)

In April 2006, the BoP proposed a “Limited Communication for Terrorist Inmates” policy, which suggested new restrictions for “terrorists” and “terrorism related inmates” such as:

1) One 6-page letter per week.

2) One 15-minute phone call a month.

3) One 1-hour visit a month.

A coalition of civil rights organizations signed a letter of protest criticizing the proposed rules and raising numerous constitutional, practical and ethical objectives. The outcry appears to have caused the BoP to reconsider it and just 6 months later, open the CMU at FCI Terre Haute quietly. Since the BoP never sought public comment on the new CMU, it certainly appears to be a violation of the Administrative Procedural Act (APA), an argument a federal judge in Miami raised in response to a prisoner’s legal challenge to transfer to the CMU.

The unit is functionally an open secret. While the BoP circumvented the standard public comment (and feedback process), it has sought to get around this by describing the CMU as a “self-contained general population unit,” implying that the unit is legally and penally no different than a normal unit at an FCI. There is no mention of the CMU on the BoP’s website (ww.bop.gov) or USP Marion’s subpage on the same site. You will not find extensive Congressional hearings on the subject — other than a July 2008 subcommittee hearing in which it appears that the BoP director was not fully forthcoming on the CMU36. Letters here are stamped “USP Marion,” not CMU, and the unit is called “I Unit” by staff. (An interesting anecdote: while on transit in Winter 2009, I met men from the FCI here and asked them what they knew about I Unit. Without hesitation, they said, “That’s where the terrorists are.” They informed me this is what BoP Staff routinely told them.)

Media queries are met with silence or vague information. Requests by the media to interview me by coming to Marion have been denied — due to it “being detrimental to the safety, security and good order of the institution.” There still is no Program Statement on the CMU — a legal requirement, outlining the specific rules of the CMU and its designation criteria.

Because of this, and the general refusal of the BoP to hand over relevant documents through FOIA, it is impossible to determine the specific reasons why one is sent here — and thus, how to contest this process. In effect, the CMU was created on the fly, with no eye toward legality; they are free to operate it in whatever manner they choose.

Communication Management (The Promotion of Isolation and Alienation)
The most painful aspect of this unit, to me, is how the CMU restricts my contact with the world beyond these walls. It is difficult for those who have not known prison to understand what a lifeline contact with our family and friends is to us. It is our link to the world — and our future (for those of us who are fortunate enough to have release dates). Prison authorities and architects are well aware that those with strong family ties and in good communication with their loved ones are well behaved and have significantly lower rates of recidivism. The BoP, in theory, recognizes this by claiming they try to situate us within 500 miles of our homes. Mostly, this is a cruel farce for many prisoners — I have not been within 1000 miles of my family in 2 years.

The most Orwellian aspects of the CMU are in how they manage our communications:

A) Telephones- at my previous prison, I was able to use the phones for 300 minutes a month — days, nights, weekends and holidays — basically at any point I was not in my housing unit (6am-10pm). Here, we receive one 15-minute phone call a week. The call can only take place between 8am and 2:30pm, never on weekends or holidays and must be scheduled one and a half weeks in advance (we can choose a back-up number to call but if neither picks up, we don’t get a call). The call is live-monitored and recorded. Not only do we receive one fifth of the minutes granted to other federal prisoners but the call is also very trying for our families — all of whom have day jobs and many of whom have children in school. The CMU requires calls be made in English only — a difficult demand considering over half of the men here speak English as a second language (this restriction is not present at other federal prisons).

B) Visits- At FCI Sandstone, I received up to eight visiting days a month (56 hours) — contact visits in which I could embrace my wife, play cards with my nieces and share vending machine food with my visitors. These visits were my lifeline. I got about twelve of them in eight months and it aided in my adjustment to prison.

The CMU restricts our visits to one four-hour non-contract visit a month. One short visit through two inches of plate glass with cameras hanging overhead and my visitors stuffed in a four-and-a-half by three-and-a-half-foot stuffy booth — a tight squeeze for two. The visits can only take place on weekdays from 8am-2pm — no more Christmas or Thanksgiving visits — and worse, no physical contact (Consider what it would be like to have no contact with your loved ones. What if you couldn’t hug or kiss your lover, partner, wife, husband? What would that do to you?) I find myself riddled with guilt when I ask friends to spend $500 to fly across the country, drive three hours (and repeat) for a four-hour non-contact visit. I’m lucky though, having people who will do this. Many of the men here can’t afford it or don’t want to subject their children to this reality.

C) Mail- We can only send out mail once a day and we cannot visit the mail room to send out packages. We are one-hundred-percent reliant on the one staff person who deals with our mail to do so and sending a box home is a laborious procedure. We must leave our envelopes unsealed so that staff can read, copy, scan and send to whatever other agency studies our correspondence. A letter to NYC takes roughly seven to nine days (which should take five). Letters sent abroad, especially those not written in English, could take a month or more — a common complaint of some of my fellow prisoners.

Staff here has an interesting reading of the rules governing legal mail leading to the charge that they open our legal mail (this is the subject of an administrative remedy I filed with the BoP Central Office in Washington DC). The rule states that the lawyer’s name must be clearly identified and that the envelope must say “Special Mail- Open only in the presence of inmates” and yet staff has opened my legal mail that said “Law Offices of Jane Doe” stating that it should have said, “Jane Doe, Attorney at Law”! The staff looks for any reason to disqualify our legal mail as protected and gather intelligence this way. In doing so, they violate the sanctity of the attorney-client confidentiality principle.

Most of my violations have been petty — a package has more than twenty pieces of paper or a friend kindly enclosed stamps. A few instances though amount to censorship and a limiting of political expression and dialogue. See Appendix B for a detailed discussion of these instances.

D) Media Contact- Although requests have been made to interview people in the CMU, none have been granted to date. This is a violation of the spirit of the BoP’s own media policy. There is an imperative on the Bureau’s part to control and ultimately suppress information on the CMU from making it to a mass audience.

Daily Life at the CMU
Neither one of the two CMUs were built for long-term habitation. The Marion CMU was the site of the Secure Housing Unit (SHU), the USP that closed here in 2005. Terre Haute’s CMU is in “D-wing” — the site of the former federal death row.

The CMU was seemingly converted to its current use with the addition of televisions, steel tables, and new wiring and yet it is not suitable for long-term use due to its “open cell” design (i.e. with bars). With 25 prisoners, our movements are restricted to two housing ranges (hallways about 100 by 12 feet); a recreation range where we also eat (consisting of seven cells with a computer, typewriter, barber shop, religious library, social library, art room and recreational equipment); and a small rec yard (all concrete, a lap equals one-eighteenth of a mile, four cages with two basketball hoops, one handball court, a weather awning with tables and some sit-up benches). We are lucky to be visited daily by a resident bird population of doves and blackbirds, and overhead, the occasional hawk or falcon (ironically, as I write this, I overhear warnings from staff that if we continue to feed the birds, we will receive violations). The appearance of the yard with its cages, concrete, and excessive barbed wire has earned it nickname “Little Guantanamo” (of course a punitive unit with seventy-five percent Muslims also contributes to the name as well).

The conditions here are not dire — in fact, the horror stories I have heard over the last two years have convinced me it is far worse at many prisons and yet, I believe it is important to be descriptive and accurate — to dispel fears (about violence, for instance) but also to demonstrate just how different life is for us at the CMU.

There are many things we lack here that other prisons in the federal system have to offer:

1- A residential drug/alcohol program- despite at least one person here having completion of it ordered by the court.

2- Enough jobs for the prisoners here- There is not nearly enough jobs for all the men here and most are extremely low paying.

3- UNICOR- This is Federal Prison Industries which has shops at many federal prisons (including this one outside the CMU). These jobs pay much more, allow men to pay their court fees, restitution and child support and, as the BoP brags, teaches people job skills.

4- Adequate educational opportunities- Until recently, we did not have GED or vocational programs. Due to inmate pressure and persistence, we now have both of those as well as a few prisoner-taught classes but no college courses at all.

5- Access to staff on a daily basis- At other federal prisons, you are able to approach staff members at lunch every day, including the Warden. Here, we get (at most) two quick walk-throughs a week, usually taking place early in the morning. You are often left waiting days to resolve a simple question.

6- Law library access- We have a very small law library here with only twenty-five percent of the books required by law. We can only request books twice weekly and those are only delivered if the other nine hundred prisoners at the adjacent Medium are not using them. We lack Federal Court and Supreme Court reports as well as books on Immigration Law (fifty percent or more of the men here face deportation). This lack of access makes for an arduous and ineffective research path.

7- Computers- We have four computers for our email system (two for reading, one for printing and one that we were told would be for legal but it still isn’t working). Unlike my previous prison, where we had forty computers with a robust computer-class program, or like other prisons that teach a vocational computer course, we have no such thing.

8- Access to general population- Being in an isolation unit makes for a situation in which we cannot have organized sports leagues and tournaments due to not having enough people at all. This may not seem crucial but sports are a very useful diversion from the stress of prison life and separation.

After reading the preceding sections, perhaps like me you are wondering what really is the purpose of the CMU. In short, the SMU is Florence ADX-LITE for those men whose security points are low and present no real problems to staff. From my interactions with the men here, I can say with certainty, that people here are remarkably well-behaved and calm — many without any disciplinary violations. If these men, like myself, don’t get in trouble, and have been in the system for some time, why are we here? Consider my case.

My short time in prison prior to coming to the CMU consisted of two months at MDC Brooklyn and eight months at FCI Sandstone. I had never gotten in trouble and spent my days as a clerk in psychology, working toward a Master’s degree, reading, writing and exercising. My goal was to get closer to home and my loved ones. In April 2008, I filed a “hardship transfer” request due to my mother’s illness and her inability to travel to Minnesota to visit me. I had my team meeting, and my security points were lowered. Weeks later, I was moved to the CMU.

The irony is that I was moved to the CMU to have my communication managed, but what changed in that one year to justify this move? If I was a danger, then why did the BoP house me in a low-security prison? The same applies to many of the men here– some have been in general population for twenty years and then suddenly a need to manage their communication is conjured up. During my pre-CMU time, I had used 3500 phone minutes and sent hundreds of letters. If there was a problem with my communication, shouldn’t the BoP have raised this with me? My notice stating their rationale for placing me here attributed it to me “being a member and leader in the ELF and ALF” and “communicating in code.” But if this is true, then shouldn’t I have been sent to the CMU as soon as I self-reported to prison in July 2007?

The CMUs were crafted and opened under the Bush administration as some misguided attempt to be tough on the “war on terror.” This unit contains many prisoners from cases prosecuted during the hyper-paranoid and over-the-top period after 9/11 and the passage of the USA Patriot Act.44 The number of prosecutions categorized as terrorism-related more than doubled to reach 1,200 in 2002. It seemed that every other week, there was some plot uncovered by overzealous FBI agents — in Lackawanna, NY, Miami, FL, Portland, OR, and Virginia and elsewhere (never mind the illegal wiretaps and unscrupulous people used in these cases). These cases may not be headlines anymore but these men did not go away — they were sent to prison and, when it was politically advantageous for Bush, transferred to the CMUs. The non-Muslim populations of these units (although definitely picked judiciously) were sent there to dispel charges that the CMUs were exclusively Muslim units.

The codified rationale for all prisoners being transferred here are “contact with persons in community require heightened control and reviews” and “your transfer to this facility for greater communication management is necessary to the safe, secure, and orderly function of Bureau institutions…” Should an increase in monitoring of communication mean a decrease in privileges? If the goal is to manage our contact with the outside world, shouldn’t the BoP hire enough staff so that we can maintain the same rights and privileges as other prisoners (since the party line is that we are not here for punishment)? The reality is the conditions, segregation, lack of due process and such are punishment regardless of whether the BoP admits it or not.

Forward!
Where to from here, then? Does the new President and his Attorney General take issue with segregation? Will Obama view the CMU, as he did with Guantanamo Bay, as a horrible legacy of his predecessor and close it? Many people are hopeful for an outcome like that. On April 7th, 2009, Mr. Obama, while in Turkey, said, “The United States will not make war on Islam,” and that he wanted to “extend the hand of friendship to the Muslim world.” While that sounds wonderful, what does that look like in concrete terms? Will he actualize that opinion by closing the CMU? Or will he marry the policy of Bush and condone a secret illegal set of political units for Muslims and activists? What of the men here? Will he transfer us back to normal prisons and review the outrageous prosecutions of many of the CMU detainees? If it can be done with (former) Senator Ted Steven’s case, it can be done here.

While lawsuits have been filed in both Illinois and Indiana federal courts, what is needed urgently is for these units to be dragged out into the open. I am asking for your help and advocacy in dealing with this injustice and the mindset that allows a CMU to exist. Please pursue the resource section at the end of this article and consider doing something. I apologize for the length of this piece — it was suggested to me (by people way smarter than myself) that it would be best to start from the beginning and offer as many details as possible. I hope I gave you a clearer idea of what’s going on here. Thank you for all your support and love — your letters are a bright candle in a sea of darkness.

Those poor banks! Those poor grocery store chains!

The banks have ‘failed their stress tests’ and now need at least $75 BILLION dollars from taxpayers! See Ten US banks fail ‘stress tests’ …Doesn’t your heart just bleed for them? And not to be outdone the grocery store chains, led by Kroger (KING STUPID), Safeway, and Albertsons are out there trying to convince the general public that they are being beat up bad by union workers, most of who make less than $15 per hour. They just can’t take it anymore! So their solution?

It looks like it might be to lock out the workers and use the government’s police to try to force these people into unemployment lines! Destroy their pension plans. Work them to death and then discard them! This all is on hold for now, but the companies may begin this assault within days?

DON’T SCAB if they do lock out the grocery workers. Support union labor and they will support you! Workers have Rights, but only if you solidly back them up with Your Solidarity instead of giving in to these crappy food grocery chains by vacantly walking past union picket lines if they are forced to go up.

Eat right! Do right! Don’t cross picket lines. Write Management a note and tell them how you feel! And tell the workers you support them, too.

The Full Text of Iranian President Ahmadinejad’s speech

AhmadinejadAt last we have a copy of the full text of the Iranian President’s speech at the Durban Review Conference on racism and now we can examine just how it has been misrepresented as vile, ugly, and racist by vile ugly racists. The fact is that the main point of the speech actually has next to nothing to do directly with Israel or Jewish people at all, but rather is an attack on the war-like and imperialist United Nation Security Council and the undemocratic nature of this US controlled organization.

He essentially calls for its abolishment in the summary of his remarks and it is this Call that actually is the cause of the Made-In-US boycott and subsequent walkout from the anti-racism conference, and not anything else Ahmadinejad said.

President Ahmadinejad….

‘Secondly, mindful of the inefficiency of the current international political, economic and security systems, it is necessary to focus on divine and humanitarian values by referring to the true definition of human beings based upon justice and respect for the rights of all people in all parts of the world and by acknowledging the past wrong doings in the past dominant management of the world, and to undertake collective measures to reform the existing structures.

In this respect, it is crucially important to rapidly reform the structure of the Security Council, including the elimination of the discriminatory veto right and to change the current world financial and monetary systems.

It is evident that lack of understanding of the urgency for change is equivalent to the much heavier costs of delay.’

There is absolutely nothing anti-Jewish in any of his remarks, and the world has had enough of the United Nation Security Council and its constant war making. Many will also champion Ahmadinejad’s call for its abolishment.

FULL TEXT:

(Iranian President Mahmoud Ahmadinejad’s speech at the Durban Review Conference on racism in Geneva on April 20, 2009.)

Mr. Chairman, honorable secretary general of the United Nations, honorable United Nations high commissioner for human rights, Ladies and gentleman:

We have gathered in the follow-up to the Durban conference against racism and racial discrimination to work out practical mechanisms for our holy and humanitarian campaigns.

Over the last centuries, humanity has gone through great sufferings and pains. In the Medieval Ages, thinkers and scientists were sentenced to death. It was then followed by a period of slavery and slave trade. Innocent people were taken captive in their millions and separated from their families and loved ones to be taken to Europe and America under the worst conditions. A dark period that also experienced occupation, lootings and massacres of innocent people.

Many years passed by before nations rose up and fought for their liberty and freedom and they paid a high price for it. They lost millions of lives to expel the occupiers and establish independent and national governments. However, it did not take long before power grabbers imposed two wars in Europe which also plagued a part of Asia and Africa. Those horrific wars claimed about a hundred million lives and left behind massive devastation. Had lessons been learnt from the occupations, horrors and crimes of those wars, there would have been a ray of hope for the future.

The victorious powers called themselves the conquerors of the world while ignoring or down treading upon rights of other nations by the imposition of oppressive laws and international arrangements.

Ladies and gentlemen, let us take a look at the UN Security Council which is one of the legacies of World War I and World War II. What was the logic behind their granting themselves the veto right? How can such logic comply with humanitarian or spiritual values? Would it not be inconformity with the recognized principles of justice, equality before the law, love and human dignity? Would it not be discrimination, injustice, violations of human rights or humiliation of the majority of nations and countries?

The council is the highest decision-making world body for safeguarding international peace and security. How can we expect the realization of justice and peace when discrimination is legalized and the origin of the law is dominated by coercion and force rather than by justice and the rights?

Coercion and arrogance is the origin of oppression and wars. Although today many proponents of racism condemn racial discrimination in their words and their slogans, a number of powerful countries have been authorized to decide for other nations based on their own interests and at their own discretion and they can easily violate all laws and humanitarian values as they have done so.

Following World War II, they resorted to military aggression to make an entire nation homeless under the pretext of Jewish suffering and they sent migrants from Europe, the United States and other parts of the world in order to establish a totally racist government in occupied Palestine. And, in fact, in compensation for the dire consequences of racism in Europe, they helped bring to power the most cruel and repressive racist regime in Palestine.

The Security Council helped stabilize the occupying regime and supported it in the past 60 years giving them a free hand to commit all sorts of atrocities. It is all the more regrettable that a number of Western governments and the United States have committed themselves to defending those racist perpetrators of genocide while the awakened-conscience and free-minded people of the world condemn aggression, brutalities and the bombardment of civilians in Gaza. The supporters of Israel have always been either supportive or silent against the crimes.

Dear friends, distinguished delegates, ladies and gentlemen. What are the root causes of the US attacks against Iraq or the invasion of Afghanistan?

Was the motive behind the invasion of Iraq anything other than the arrogance of the then US administration and the mounting pressures on the part of the possessors of wealth and power to expand their sphere of influence seeking the interests of giant arms manufacturing companies affecting a noble culture with thousands of years of historical background, eliminating the potential and practical threats of Muslim countries against the Zionist regime or to control and plunder the energy resources of the Iraqi people?

Why, indeed, almost a million people were killed and injured and a few more millions were displaced? Why, indeed, the Iraqi people have suffered enormous losses amounting to hundreds of billions of dollars? And why was billions of dollars imposed on the American people as the result of these military actions? Was not the military action against Iraq planned by the Zionists and their allies in the then US administration in complicity with the arms manufacturing countries and the possessors of wealth? Did the invasion of Afghanistan restore peace, security and economic wellbeing in the country?

The United States and its allies not only have failed to contain the production of drugs in Afghanistan, but the cultivation of narcotics has multiplied in the course of their presence. The basic question is that what was the responsibility and the job of the then US administration and its allies?

Did they represent the countries of the world? Have they been mandated by them? Have they been authorized by the people of the world to interfere in all parts of the globe, of course mostly in our region? Are not these measures a clear example of egocentrism, racism, discrimination or infringement upon the dignity and independence of nations?

Ladies and gentlemen, who is responsible for the current global economic crisis? Where did the crisis start from? From Africa, Asia or from the United States in the first place then spreading across Europe and their allies?

For a long time, they imposed inequitable economic regulations by their political power on the international economy. They imposed a financial and monetary system without a proper international oversight mechanism on nations and governments that played no role in repressive trends or policies. They have not even allowed their people to oversea or monitor their financial policies. They introduced all laws and regulations in defiance of all moral values only to protect the interests of the possessors of wealth and power.

They further presented a definition for market economy and competition that denied many of the economic opportunities that could be available to other countries of the world. They even transferred their problems to others while the waves of crisis lashed back plaguing their economies with thousands of billions of dollars in budget deficit. And today, they are injecting hundreds of billions of dollars of cash from the pockets of their own people and other nations into the failing banks, companies and financial institutions making the situation more and more complicated for their economy and their people. They are simply thinking about maintaining power and wealth. They could not care any less about the people of the world and even their own people.

Mr. President, Ladies and gentlemen, Racism is rooted in the lack of knowledge concerning the root of human existence as the selected creature of God. It is also the product of his deviation from the true path of human life and the obligations of mankind in the world of creation, failing to consciously worship God, not being able to think about the philosophy of life or the path to perfection that are the main ingredients of divine and humanitarian values which have restricted the horizon of human outlook making transient and limited interests, the yardstick for his action. That is why evil’s power took shape and expanded its realm of power while depriving others from enjoying equitable and just opportunities of development.

The result has been the making of an unbridled racism that is posing the most serious threats against international peace and has hindered the way for building peaceful coexistence in the entire world. Undoubtedly, racism is the symbol of ignorance which has deep roots in history and it is, indeed, the sign of frustration in the development of human society.

It is, therefore, crucially important to trace the manifestations of racism in situations or in societies where ignorance or lack of knowledge prevails. This increasing general awareness and understanding towards the philosophy of human existence is the principle struggle against such manifestations, and reveals the truth that human kind centers on the creation of the universe and the key to solving the problem of racism is a return to spiritual and moral values and finally the inclination to worship God Almighty.

The international community must initiate collective moves to raise awareness in afflicted societies where ignorance of racism still prevails so as to bring to a halt the spread of these malicious manifestations.

Dear Friends, today, the human community is facing a kind of racism which has tarnished the image of humanity in the beginning of the third millennium.

World Zionism personifies racism that falsely resorts to religions and abuses religious sentiments to hide its hatred and ugly face. However, it is of great importance to bring into focus the political goals of some of the world powers and those who control huge economic resources and interests in the world. They mobilize all the resources including their economic and political influence and world media to render support in vain to the Zionist regime and to maliciously diminish the indignity and disgrace of this regime.

This is not simply a question of ignorance and one cannot conclude these ugly phenomena through consular campaigns. Efforts must be made to put an end to the abuse by Zionists and their political and international supporters and in respect with the will and aspirations of nations. Governments must be encouraged and supported in their fights aimed at eradicating this barbaric racism and to move towards reform in current international mechanisms.

There is no doubt that you are all aware of the conspiracies of some powers and Zionist circles against the goals and objectives of this conference. Unfortunately, there have been literatures and statements in support of Zionists and their crimes. And it is the responsibility of honorable representatives of nations to disclose these campaigns which run counter to humanitarian values and principles.

It should be recognized that boycotting such a session as an outstanding international capacity is a true indication of supporting the blatant example of racism. In defending human rights, it is primarily important to defend the rights of all nations to participate equally in all important international decision making processes without the influence of certain world powers.

And secondly, it is necessary to restructure the existing international organizations and their respective arrangements. Therefore this conference is a testing ground and the world public opinion today and tomorrow will judge our decisions and our actions.

Mr. President, Ladies and Gentlemen, the world is going through rapid fundamental changes. Power relations have become weak and fragile. The sound of cracks in the pillars of world systems can now be heard. Major political and economic structures are on the brink of collapse. Political and security crises are on the rise. The worsening crisis in the world economy for which there can be seen no bright prospect, demonstrates the rising tide of far-reaching global changes. I have repeatedly emphasized the need to change the wrong direction through which the world is being managed today and I have also warned of the dire consequences of any delay in this crucial responsibility.

Now in this valuable event, I would like to announce to all leaders, thinkers and to all nations of the world present in this meeting and those who have a hunger for peace and economic well-being that the unjust economic management of the world is now at the end of the road. This deadlock was inevitable since the logic of this imposed management was oppressive.

The logic of collective management of world affairs is based on noble aspirations which centers on human beings and the supremacy of the almighty God. Therefore it defies any policy or plan which goes against the influence of nations. The victory of right over wrong and the establishment of a just world system has been promised by the Almighty God and his messengers and it has been a shared goal of all human beings from different societies and generations in the course of history. Realization of such a future depends on the knowledge of creation and the belief of the faithful.

The making of a global society is in fact the accomplishment of a noble goal held in the establishment of a common global system that will be run with the participation of all nations of the world in all major decision making processes and the definite root to this sublime goal.

Scientific and technical capacities as well as communication technology have created a common and widespread understanding of the world society and has provided the necessary ground for a common system. Now it is upon all intellectuals, thinkers and policy makers in the world to carry out their historical responsibility with a firm belief in this definite root.

I also want to lay emphasis on the fact that Western liberalism and capitalism has reached its end since it has failed to perceive the truth of the world and humans as they are.

It has imposed its own goals and directions on human beings. There is no regard for human and divine values, justice, freedom, love and brotherhood and it has based living on intense competition, securing individual and cooperative material interest.

Now we must learn from the past by initiating collective efforts in dealing with present challenges and in this connection, and as a closing remark, I wish to draw your kind attention to two important issues:

Firstly, it is absolutely possible to improve the existing situation in the world. However it must be noted that this could be only achieved through the cooperation of all countries in order to get the best out of the existing capacities and resources in the world. My participation in this conference is because of my conviction to these important issues as well as to our common responsibility of defending the rights of nations vis-à-vis the sinister phenomena of racism and being with you, the thinkers of the world.

Secondly, mindful of the inefficiency of the current international political, economic and security systems, it is necessary to focus on divine and humanitarian values by referring to the true definition of human beings based upon justice and respect for the rights of all people in all parts of the world and by acknowledging the past wrong doings in the past dominant management of the world, and to undertake collective measures to reform the existing structures.

In this respect, it is crucially important to rapidly reform the structure of the Security Council, including the elimination of the discriminatory veto right and to change the current world financial and monetary systems.

It is evident that lack of understanding of the urgency for change is equivalent to the much heavier costs of delay.

Dear Friends, beware that to move in the direction of justice and human dignity is like a rapid flow in the current of a river. Let us not forget the essence of love and affection. The promised future of human beings is a great asset that may serve our purposes in keeping together to build a new world.

In order to make the world a better place full of love and blessings, a world devoid of poverty and hatred, merging the increasing blessings of God Almighty and the righteous managing of the perfect human being, let us all join hands in friendship in the fulfillment of such a new world.

I thank you Mr. President, Secretary General and all distinguished participants for having the patience to listen to me. Thank you very much.

Gore says 2009 is Turning Point in Environment Battle- Isn’t that a bunch of complete nonsense?

al gore aglowThe DP liberals over at the Common Dreams website are out there pushing Al Gore dope off on us once again.

To the liberal ‘Peace’crat voter, somehow they have remade in their own minds Al Gore out to be the MAX ‘Green’, who is then made to stand alongside that MAX ‘Peacenic’, Jimmy ‘Peanut Butter’ Carter, always the two out under the spotlight as neo Democratic Party Saints!

Here it is then… Gore: 2009 Turning Point in Environment Battle …WTF? Not hardly, Al. Not even by a long shot! What a dope! And what a Democratic Party hack!

If you’re not on CD’s no fly shun list feel free to write them about pee GREEN Al. I did, and my comment is listed at #5 on the list of comments. I wonder if it will be removed? (I’m hoping that CD has gotten away from that sort of thing though???)

Just in case, here below are my remarks about Al Gore there.
—————————————————————————–
Gore, wasn’t he the ‘environmentalist’ who administered 8 years of economic war against the children of Iraq? YES! Now I remember him! He also began the fencing off and militarization of The Border between the US and Mexico, too. He is some sort of Green for sure! He and his Administration friends, Silvestre Reyes and Madelyn Albright.

Wait, something about oil in Colombia, too? And here’s Al in March this year…

‘I’m not a reflexive opponent of nuclear. I used to be enthusiastic about it, but I’m now sceptical about it.’

Well, YES, Al! My you’ve changed! Or have you really?

‘Yes, there is [more appetite for nuclear power now]. And because of the carbon crisis there will be more nuclear plants built and some of those being retired will be replaced by others. I think it will play a somewhat larger role, but it will not be the main option chosen.’

YES, such scepticism!

‘. People have said for years that there are now completely different [nuclear] technologies. OK, but if you have a team of scientists that can build a reactor, and you’re a dictator, you can make them work at night to build a nuclear weapon. That’s what’s happened in North Korea and Iran. And in Libya before they gave it up. So the idea of, say, Chad, Burma, and Sudan having lots of nuclear reactors is insane and it’s not going to happen.’

Let’s go to war, Gore! It’s the ‘green’ thing to do and now I see what a great environmentalist you are! You’re against nuclear power in Iran and Chad and Burma! Of course, but here it will be an option, but just maybe not ‘the major option’?

(Remarks taken from a Leo Hickman interview with Gore for the UK Guardian)
——————————————————————————————

And a final comment about Al Gore not put on CD just yet from The Tennessee Center for policy Research a comment titled

Al Gore’s Personal Energy Use Is His Own “Inconvenient Truth”
Gore’s home uses more than 20 times the national average

He says he’s fixed all that up though, using his own company, Generation Investment Management. He hopes to turn a nice profit in the eco- Business World while saving the planet for the Democratic Party!

District 11 Colorado Springs cutbacks get to rolling

I went to one of the District 11 cutback hearing meetings where the Administration pretends to solicit community input for decisions they pretty much already have planned to make, and shared the auditorium with about 700 other concerned but utterly confused folk. It’s cutback time here in the city since the School District put itself in a very deep hole taking out loans whose interest payments now eat up huge chunks of money.

At a little over $63 million interest service on loans per year, that adds up to 1/2 billion dollars over every 8 years by my calculations taken from the School Districts own data. See my earlier comments about these figures on the commentary here about district 11 school district corruption

One half billion dollars every 8 years in debt service? Good grief! One would think that it would get mentioned by somebody at least at these meetings, and it was fully my intention to bring it up.

In fact I did, as I was being kicked out of the school with my big sign that said… DISTRICT 11- GRADE F I was told that no signs were permitted on Private Property by the ten or so cops on the scene. What the Heck?

“I thought my kid was getting a public education,” I responded.

But in a country where torture is legal and legalisms are torture the public in this case is classified ‘private’ per the cops! When I try to take a sign into the City Council public meetings they tell me I can’t do it because it’s public property. That’s America for you, isn’t it? You can’t do it on public or private property, either one, if it has to do with Free Speech. Amazing how so few people actually know that about our Fantasy Land though! They seem to think that we’re in the land that guarantees that Free Speech flourishes! Not exactly, Folk. I had to put my sign away and then try to sign up as a speaker. I did and never got to speak.

So no signs, no flyers, no nothing. That was my 3 hours spent in the auditorium. You see, handing out flyers with info not controlled by the D-11 administrative team would amount to giving them actual input, the parents input, and the teachers input. But D-11 merely wants to pretend that it is asking for public input, not actually get it. I almost got arrested for clapping for one speaker while standing up! That”s how tightly run this charade actually was. I kind of feared getting tasered but merely got ordered to sit down instead! It was a super mannerly assembly.

I really ran into trouble, too, there when I said I was ‘pissed off to an Administrative type in the John, who then lectured me on language! He didn’t seem upset at all that the public was pissed off though, just that I used bad language! He looked so horribly angry at me… He and I were the only ones in the John.

Colorado Springs is just that type of city though with just that type of people. Many of those speaking said that their schools were just fabulous and that the District should close some other school down instead. The meeting was not exactly solidarity forever… lol… It did seem like boredom forever though. What a charade. We all love our schools..blah/blah/blah.

Jerry Heimlicher, Council Member District 3 got to speak next to the last one allowed, and used his time to say that he wanted to be a good partner with this school district management that is refusing to ‘fess up to the real reason they are putting up to 8 public schools on the chopping block. See More details on D-11 restructuring plans Good Ol’ Jerry, wants to play the team player with everybody since he’s always the consummate play liberal politician in town.

I caught Jerry going out the door where I verbally asked him why he didn’t expose the interest servicing that the School District was hiding away from telling the public about? After all it is the real reason for cutbacks being made, and not the pretend reasons which can be found here… ‘If your child goes to a District 11 school, that school could soon be closing. The district is looking at closing at least eight schools and re-configuring several others. They say lower enrollment and budget cuts are to blame.’ …at KKTV Parents Weigh In On Possible District 11 School Closures See how D-11 forgets to mention that $63 million per year servicing of debt interest payments that are the real cause of the distress?

Jerry said that he didn’t want to talk to me about it, and stiffly headed towards his car. Shame on all of the D-11 administrative hacks, and shame on Jerry Heimlicher too for covering up for their crooked asses! The children will suffer because of the banks pulling off this gigantic haul, and this is just the beginning of the school cutbacks that will be coming our way most soon enough. The city too is already cutting services, and the layoffs are a coming. Who’ll bail the people out? All we have are cons in office these days.

NACA urges nonviolent bank terrorism

wesley-edens fortress-investment-groupThe Neighborhood Assistance Corporation of America is suggesting you take your mortgage company protest to the streets, their streets. Specifically the neghborhood where your predatory lender CEO lives. Let his kids meet your kids. Let them ask their daddy why your children are being put out on the street. NACA has listed online all the pertinent names and addresses to facilitate what they call the “Predators Tour,” a sort of involuntary Parade of Homes.

To fight eviction, NACA cautions victims to remain in their homes, and solicit legal help. But when it comes to changing mortgage lending policy, NACA promotes CONFRONTATION and ADVOCACY. They’re calling these posh neighborhood rallies: nonviolent bank terrorism.

NATIONAL CITY MORTGAGE
Peter Raskind, CEO
(216) 222-2000
peter.raskind@nationalcity.com
Net worth: $5 Million
Home value: $1 Million
19212 Shelburne Road, Cleveland, OH 44118

HSBC
Brendan Mcdonagh, CEO
(224) 544-6676
Net worth: $20 Million
Home value: $2.5 Million
1065 Fisher Ln, Winnetka, IL 60093

CERBERUS CAPITAL MANAGEMENT (GMAC)
Stephen Feinberg, CEO
(212) 891-2100
Net worth: $1 Billion
City Address: $19.75 Million
36 East 67th Street, New York, NY 10065
Weekend address: $1.1 Million
35 Craig Court, Stamford, CT 06903

GREENWICH FINANCIAL SERVICES
William Frey, CEO
(203) 862-3600
Bill@greenwichfin.com
Home value: $2.2 Million
10 Glenville Road, Greenwich, CT 06831

GOLDMAN SACHS
Lloyd Blankfein, CEO
(212) 902-1000
Lloyd.Blankfein@gs.com
Net worth: $350 Million
Vacation Home: $6.05 Million
121 Parsonage Lane, Sagaponack, NY 11962
City address: $26 Million
15 Central Park West 1617A, New York, NY 10023

MORGAN STANLEY
John Mack, CEO
(212) 761-4000
Net worth: $400 Million
Home value: $2.75 Million
6 Club Road, Rye, NY 10580
Vacation address 1: $7.8 Million
53 S. Beach Road, Wilmington, NC 28411
Vacation Address 2: $4.34 Million
54 S. Beach Road, Wilmington, NC 28411

BARCLAYS
Robert Diamond, CEO
(212) 412-4000
Net worth: $200 Million
Vacation address: $6.5 Million
3 Lincoln Way, Nantucket, MA 02554

CREDIT SUISSE
Robert Shafir, CEO Americas
(212) 325-2000
Net worth: $20 Million
Vacation home: $3.25 Million
354 Bluff Road, Amagansett, NY 11930

FORTRESS INVESTMENT GROUP, LLC,
Wesley Edens, CEO
(212) 798-6100,
Net Worth: $1.6 Billion
Country address: $1.88 Million
8 Oyster Pond Road, Edgartown, MA 02539
City Address: $7.23 Million
271 Central Park West, New York, NY 10024

Doomed to repeat internment camps

Several miles north of Moab, Utah, on Highway 191, there’s an Historical Interest marker to commemorate the Civilian Conservation Corps work camp at Dalton Wells. According to the plaque on the site, Camp DG-32 was used for public works through the Great Depression, and converted in 1943 into a concentration camp for Japanese Americans accused of being troublemakers at the civilian internment camps. The plaque offered an apology for the “total violation their civil rights,” and this admonition:
Civilian Conservation Corps DG-32 Dalton Wells
After which someone added in parentheses: “(Patriot Act, 2001)” and then as if to make the point, a next somebody scratched it out.

Full text of the marker:

Civilian Conservation Corps Camp DG-32 (Co. 234)
1935-1942

During the Great Depression of the 1930’s, CCC Camps were scattered all over the USA. They provided gainful employment to youth of the nation with work on public service projects. Between 1933 and 1942, four camps were located near Moab. Each camp worked on various natural resource project for the Soil Conservation Service, the National Park Service, and the forerunner of the Bureau of Land Management.

DG-32 was a long-lasting camp and typical of most with wooden, tar-paper covered barracks and buildings housing some 200 young men between the ages of 18 and 25. Enrollees came from the eastern states, and leadership was provided by the Army, Grazing Service, and local men experienced in construction and stock grazing needs.

Under spartan conditions, clothing, food, and housing were provided in the primitive camp. Pay was $30 per month with $25 sent home.

DG-32 projects included many range improvements: stock trails down the precipitous sandstone cliffs, spring developments, wells and stock ponds, eradication of rodents that competed with stock for feed, fences for corrals and pastures, reservoir dams, roads and bridges. These projects provided on the job training for the enrollees, besides the benefits they brought to the local economy. Many of these works are still in use today. The value of the camp and its works to Grand County is beyond estimation. It was a significant milestone that greatly influenced the economic history of the county.

All that remains of the camp today are the cottonwood trees planted by the enrollees that you see fronting this site, concrete slabs for buildings, graveled roads and rock-outlined walkways, the remains of an old windmill and a rock masonry water storage tank. These remnants signify the moving history of a time when America valiantly struggled to restore its economic stability and provide its young people with meaningful employment.

Japanese-American World War II Concentration Camp
1943

On January 11, 1943, a train pulled into Thompson Station north of here with armed Military Police guarding sixteen male American citizens of Japanese ancestry. While the locals of the town waited to cross the tracks, the entourage was loaded and transferred to the old abandoned “CCC” camp located here at Dalton Wells.

Their crime? They were classified as “troublemakers” in the Manzanar, California Relocation Center where they and their families had been forcibly located at the start of World War II. Removed from their homes and lands in California under a Presidential Executive Order, they were subject to the whim and mercy of poorly-trained bureaucrats and military personnel in the center. This Executive Presidential Order was the result of wartime hysteria, racial bigotry, and greed.

The original sixteen men were removed from Manzanar and brought here without the benefit of council. They did not have a formal hearing or proper arrest proceedings, and the action was in total violation of their civil rights. It was a process more compatible with fascism than democracy.

The inmates troubles worsened when and informer and confidant of the administration was beaten. An organizer of the mess hall workers was thrown into jail as a suspect. A meeting was held in the camp to protest the jailing and a riot resulted. Two inmates were killed by trigger-happy soldiers.

Other Japanese-American men were soon brought to the camp. Thirteen came from Gila River, Arizona, having been charged as being members of an organization which was fully sanctioned by camp officials. Ten more came from Manzanar as “suspected troublemakers.” Fifteen came from the Tule Lake, California, charged with refusing to register their availability for the draft and their loyalty to the U.S. under a set of confusing, denigrating requirements.

All these men were U.S. citizens; some were veterans of Work War I, others were family men, college graduates, and responsible U.S. citizens. Their incarceration here is a vivid example of how our Japanese-American citizens were treated during World War II. May this sad, low point in the history of our democracy never be forgotten, in the hope that it will never happen again.

The group was transferred by truck to an abandoned Indian school at Leupp, Arizona, on April 27, 1943. As those involved began to realize the inequality of the situation, the inmates were released back to relocation centers later that year. Thus, a black mark in the history of liberty and justice in the United States was ended.

Weathermen for a Democratic Society

Bernadine Dohrn addresses S.D.S. in ChicagoIn 1969, the Radical Youth Movement (RYM) within Students for a Democratic Society (SDS) expelled the passive participants to reconfigure the SDS to Bring the War Home. At left, Bernardine Dohrn uninvites the Progressive Labor Party (PL) and the Worker Student Alliance (WSA) from the Chicago conference. Below is the founding document after which the RYM was renamed.

You Don’t Need A Weatherman
To Know Which Way The Wind Blows

June 18, 1969

Submitted by Karin Asbley, Bill Ayers, Bernardine Dohrn, John Jacobs, Jeff Jones, Gerry Long, Home Machtinger, Jim Mellen, Terry Robbins, Mark Rudd and Steve Tappis.

I. International Revolution

The contradiction between the revolutionary peoples of Asia, Africa and Latin America and the imperialists headed by the United States is the principal contradiction in the contemporary world. The development of this contradiction is promoting the struggle of the people of the whole world against US imperialism and its lackeys.

Lin Piao, Long Live the Victory of People’s War!

People ask, what is the nature of the revolution that we talk about- Who will it be made by, and for, and what are its goals and strategy-

The overriding consideration in answering these questions is that the main struggle going on in the world today is between US imperialism and the national liberation struggles against it. This is essential in defining political matters in the whole world: because it is by far the most powerful, every other empire and petty dictator is in the long run dependent on US imperialism, which has unified, allied with, and defended all of the reactionary forces of the whole world. Thus, in considering every other force or phenomenon, from Soviet imperialism or Israeli imperialism to “workers struggle” in France or Czechoslovakia, we determine who are our friends and who are our enemies according to whether they help US imperialism or fight to defeat it.

So the very first question people in this country must ask in considering the question of revolution is where they stand in relation to the United States as an oppressor nation, and where they stand in relation to the masses of people throughout the world whom US imperialism is oppressing.

The primary task of revolutionary struggle is to solve this principal contradiction on the side of the people of the world. It is the oppressed peoples of the world who have created the wealth of this empire and it is to them that it belongs; the goal of the revolutionary struggle must be the control and use of this wealth in the interests of the oppressed peoples of the world.

It is in this context that we must examine the revolutionary struggles in the United States. We are within the heartland of a worldwide monster, a country so rich from its worldwide plunder that even the crumbs doled out to the enslaved masses within its borders provide for material existence very much above the conditions of the masses of people of the world. The US empire, as a worldwide system, channels wealth, based upon the labor and resources of the rest of the world, into the United States. The relative affluence existing in the United States is directly dependent upon the labor and natural resources of the Vietnamese, the Angolans, the Bolivians and the rest of the peoples of the Third World. All of the United Airlines Astrojets, all of the Holiday Inns, all of Hertz’s automobiles, your television set, car and wardrobe already belong, to a large degree to the people of the rest of the world.

Therefore, any conception of “socialist revolution” simply in terms of the working people of the United States, failing to recognize the full scope of interests of the most oppressed peoples of the world, is a conception of a fight for a particular privileged interest, and is a very dangerous ideology. While the control and use of the wealth of the Empire for the people of the whole world is also in the interests of the vast majority of the people in this country, if the goal is not clear from the start we will further the preservation of class society, oppression, war, genocide, and the complete emiseration of everyone, including the people of the US.

The goal is the destruction of US imperialism and the achievement of a classless world: world communism. Winning state power in the US will occur as a result of the military forces of the US overextending themselves around the world and being defeated piecemeal; struggle within the US will be a vital part of this process, but when the revolution triumphs in the US it will have been made by the people of the whole world. For socialism to be defined in national terms within so extreme and historical an oppressor nation as this is only imperialist national chauvinism on the part of the “movement.”

II. What Is The Black Colony-

Not every colony of people oppressed by imperialism lies outside the boundaries of the US. Black people within North America, brought here 400 years ago as slaves and whose labor, as slaves, built this country, are an internal colony within the confines of the oppressor nation. What this means is that black people are oppressed as a whole people, in the institutions and social relations of the country, apart from simply the consideration of their class position, income, skill, etc., as individuals- What does this colony look like- What is the basis for its common oppression and why is it important-

One historically important position has been that the black colony only consists of the black belt nation in the South, whose fight for national liberation is based on a common land, culture, history and economic life. The corollary of this position is that black people in the rest of the country are a national minority but not actually part of the colony themselves; so the struggle for national liberation is for the black belt, and not all blacks; black people in the north, not actually part of the colony, are part of the working class of the white oppressor nation. In this formulation northern black workers have a “dual role”—one an interest in supporting the struggle in the South, and opposing racism, as members of the national minority; and as northern “white nation” workers whose class interest is in integrated socialism in the north. The consistent version of this line actually calls for integrated organizing of black and white workers in the north along what it calls “class” lines.

This position is wrong; in reality, the black colony does not exist simply as the “black belt nation,” but exists in the country as a whole. The common oppression of black people and the common culture growing out of that history are not based historically or currently on their relation to the territory of the black belt, even though that has been a place of population concentration and has some very different characteristics than the north, particularly around the land question.

Rather, the common features of oppression, history and culture which unify black people as a colony (although originating historically in a common territory apart from the colonizers, i.e., Africa, not the South) have been based historically on their common position as slaves, which since the nominal abolition of slavery has taken the form of caste oppression, and oppression of black people as a people everywhere that they exist. A new black nation, different from the nations of Africa from which it came, has been forged by the common historical experience of importation and slavery and caste oppression; to claim that to be a nation it must of necessity now be based on a common national territory apart from the colonizing nation is a mechanical application of criteria which were and are applicable to different situations.

What is specifically meant by the term caste is that all black people, on the basis of their common slave history, common culture and skin color are systematically denied access to particular job categories (or positions within job categories), social position, etc., regardless of individual skills, talents, money or education. Within the working class, they are the most oppressed section; in the petit bourgeoisie, they are even more strictly confined to the lowest levels. Token exceptions aside, the specific content of this caste oppression is to maintain black people in the most exploitative and oppressive jobs and conditions. Therefore, since the lowest class is the working class, the black caste is almost entirely a caste of the working class, or [holds] positions as oppressed as the lower working-class positions (poor black petit bourgeoisie and farmers); it is a colonial labor caste,, a colony whose common national character itself is defined by their common class position.

Thus, northern blacks do not have a “dual interest”—as blacks on the one hand and “US-nation workers” on the other. They have a single class interest, along with all other black people in the US, as members of the Black Proletarian Colony.

III. The Struggle For Socialist Self-Determination

The struggle of black people—as a colony—is for self-determination, freedom, and liberation from US imperialism. Because blacks have been oppressed and held in an inferior social position as a people, they have a right to decide, organize and act on their common destiny as a people apart from white interference. Black self-determination does not simply apply to determination of their collective political destiny at some future time. It is directly tied to the fact that because all blacks experience oppression in a form that no whites do, no whites are in a position to fully understand and test from their own practice the real situation black people face and the necessary response to it. This is why it is necessary for black people to organize separately and determine their actions separately at each stage of the struggle.

It is important to understand the implications of this. It is not legitimate for whites to organizationally intervene in differences among revolutionary black nationalists. It would be arrogant for us to attack any black organization that defends black people and opposes imperialism in practice. But it is necessary to develop a correct understanding of the Black Liberation struggle within our own organization, where an incorrect one will further racist practice in our relations with the black movement.

In the history of some external colonies, such as China and Vietnam, the struggle for self-determination has had two stages: (1) a united front against imperialism and for New Democracy (which is a joint dictatorship of anti-colonial classes led by the proletariat, the content of which is a compromise between the interests of the proletariat and nationalist peasants, petit bourgeoisie and national bourgeoisie); and (2) developing out of the new democratic stage, socialism.

However, the black liberation struggle in this country will have only one “stage”; the struggle for self-determination will embody within it the struggle for socialism.

As Huey P. Newton has said, “In order to be a revolutionary nationalist, you would of necessity have to be a socialist.” This is because—given the caste quality of oppression-as-a-people-through-a-common-degree-of-exploitation—self-determination requires being free from white capitalist exploitation in the form of inferior (lower caste) jobs, housing, schools, hospitals, prices. In addition, only what was or became in practice a socialist program for self-determination—one which addressed itself to reversing this exploitation—could win the necessary active mass support in the “proletarian colony.”

The program of a united front for new democracy, on the other hand, would not be as thorough, and so would not win as active and determined support from the black masses. The only reason for having such a front would be where the independent petit bourgeois forces which it would bring in would add enough strength to balance the weakening of proletarian backing. This is not the case: first, because much of the black petit bourgeoisie is actually a “comprador” petit bourgeoisie (like so-called black capitalists who are promoted by the power structure to seem independent but are really agents of white monopoly capital), who would never fight as a class for any real self-determination; and secondly, because many black petit bourgeoisie, perhaps most, while not having a class interest in socialist self-determination, are close enough to the black masses in the oppression and limitations on their conditions that they will support many kinds of self-determination issues, and, especially when the movement is winning, can be won to support full (socialist) self-determination. For the black movement to work to maximize this support from the petit bourgeoisie is correct; but it is in no way a united front where it is clear that the Black Liberation Movement should not and does not modify the revolutionary socialist content of its stand to win that support.

From /New Left Notes/, June 18, 1969

IV. Black Liberation Means Revolution

What is the relationship of the struggle for black self-determination to the whole worldwide revolution to defeat US imperialism and internationalize its resources toward the goal of creating a classless world-

No black self-determination could be won which would not result in a victory for the international revolution as a whole. The black proletarian colony, being dispersed as such a large and exploited section of the work force, is essential to the survival of imperialism. Thus, even if the black liberation movement chose to try to attain self-determination in the form of a separate country (a legitimate part of the right to self-determination), existing side by side with the US, imperialism could not survive if they won it—and so would never give up without being defeated. Thus, a revolutionary nationalist movement could not win without destroying the state power of the imperialists; and it is for this reason that the black liberation movement, as a revolutionary nationalist movement for self-determination, is automatically in and of itself an inseparable part of the whole revolutionary struggle against US imperialism and for international socialism.

However, the fact that black liberation depends on winning the whole revolution does not mean that it depends on waiting for and joining with a mass white movement to do it. The genocidal oppression of black people must be ended, and does not allow any leisure time to wait; if necessary, black people could win self-determination, abolishing the whole imperialist system and seizing state power to do it, without this white movement, although the cost among whites and blacks both would be high.

Blacks could do it alone if necessary because of their centralness to the system, economically and geo-militarily, and because of the level of unity, commitment, and initiative which will be developed in waging a people’s war for survival and national liberation. However, we do not expect that they will have to do it alone, not only because of the international situation, but also because the real interests of masses of oppressed whites in this country lie with the Black Liberation struggle, and the conditions for understanding and fighting for these interests grow with the deepening of the crises. Already, the black liberation movement has carried with it an upsurge of revolutionary consciousness among white youth; and while there are no guarantees, we can expect that this will extend and deepen among all oppressed whites.

To put aside the possibility of blacks winning alone leads to the racist position that blacks should wait for whites and are dependent on whites acting for them to win. Yet the possibility of blacks winning alone cannot in the least be a justification for whites failing to shoulder the burden of developing a revolutionary movement among whites. If the first error is racism by holding back black liberation, this would be equally racist by leaving blacks isolated to take on the whole fight—and the whole cost—for everyone.

It is necessary to defeat both racist tendencies: (1) that blacks shouldn’t go ahead with making the revolution, and (2) that blacks should go ahead alone with making it. The only third path is to build a white movement which will support the blacks in moving as fast as they have to and are able to, and still itself keep up with that black movement enough so that white revolutionaries share the cost and the blacks don’t have to do the whole thing alone. Any white who does not follow this third path is objectively following one of the other two (or both) and is objectively racist.

V. Anti-Imperialist Revolution And The United Front

Since the strategy for defeating imperialism in semi-feudal colonies has two stages, the new democratic stage of a united front to throw out imperialism and then the socialist stage, some people suggest two stages for the US too—one to stop imperialism, the anti-imperialist stage, and another to achieve the dictatorship of the proletariat, the socialist stage. It is no accident that even the proponents of this idea can’t tell you what it means. In reality, imperialism is a predatory international stage of capitalism. Defeating imperialism within the US couldn’t possibly have the content, which it could in a semi-feudal country, of replacing imperialism with capitalism or new democracy; when imperialism is defeated in the US, it will be replaced by socialism—nothing else. One revolution, one replacement process, one seizure of state power—the anti-imperialist revolution and the socialist revolution, one and the same stage. To talk of this as two separate stages, the struggle to overthrow imperialism and the struggle for socialist revolution, is as crazy as if Marx had talked about the proletarian socialist revolution as a revolution of two stages, one the overthrow of capitalist state power, and second the establishment of socialist state power.

Along with no two stages, there is no united front with the petit bourgeoisie, because its interests as a class aren’t for replacing imperialism with socialism. As far as people within this country are concerned, the international war against imperialism is the same task as the socialist revolution, for one overthrow of power here. There is no “united front” for socialism here.

One reason people have considered the “united front” idea is the fear that if we were talking about a one-stage socialist revolution we would fail to organize maximum possible support among people, like some petit bourgeoisie, who would fight imperialism on a particular issue, but weren’t for revolution. When the petit bourgeoisie’s interest is for fighting imperialism on a particular issue, but not for overthrowing it and replacing it with socialism, it is still contributing to revolution to that extent—not to some intermediate thing which is not imperialism and not socialism. Someone not for revolution is not for actually defeating imperialism either, but we still can and should unite with them on particular issues. But this is not a united front (and we should not put forth some joint “united front” line with them to the exclusion of our own politics), because their class position isn’t against imperialism as a system. In China, or Vietnam, the petit bourgeoisie’s class interests could be for actually winning against imperialism; this was because their task was driving it out, not overthrowing its whole existence. For us here, “throwing it out” means not from one colony, but all of them, throwing it out of the world, the same thing as overthrowing it.

VI. International Strategy

What is the strategy of this international revolutionary movement- What are the strategic weaknesses of the imperialists which make it possible for us to win- Revolutionaries around the world are in general agreement on the answer, which Lin Piao describes in the following way:

US imperialism is stronger, but also more vulnerable, than any imperialism of the past. It sets itself against the people of the whole world, including the people of the United States. Its human, military, material and financial resources are far from sufficient for the realization of its ambition of domination over the whole world. US imperialism has further weakened itself by occupying so many places in the world, overreaching itself, stretching its fingers out wide and dispersing its strength, with its rear so far away and its supply lines so long.

—/Long Live the Victory of People’s War/

The strategy which flows from this is what Ché called “creating two, three, many Vietnams”—to mobilize the struggle so sharply in so many places that the imperialists cannot possibly deal with it all. Since it is essential to their interests, they will try to deal with it all, and will be defeated and destroyed in the process.

In defining and implementing this strategy, it is clear that the vanguard (that is, the section of the people who are in the forefront of the struggle and whose class interests and needs define the terms and tasks of the revolution) of the “American Revolution” is the workers and oppressed peoples of the colonies of Asia, Africa and Latin America. Because of the level of special oppression of black people as a colony, they reflect the interests of the oppressed people of the world from within the borders of the United States; they are part of the Third World and part of the international revolutionary vanguard.

The vanguard role of the Vietnamese and other Third World countries in defeating US imperialism has been clear to our movement for some time. What has not been so clear is the vanguard role black people have played, and continue to play, in the development of revolutionary consciousness and struggle within the United States. Criticisms of the black liberation struggle as being “reactionary” or of black organizations on campus as being conservative or “racist” very often express this lack of understanding. These ideas are incorrect and must be defeated if a revolutionary movement is going to be built among whites.

The black colony, due to its particular nature as a slave colony, never adopted a chauvinist identification with America as an imperialist power, either politically or culturally. Moreover, the history of black people in America has consistently been one of the greatest overall repudiations of and struggle against the state. From the slave ships from Africa to the slave revolts, the Civil War, etc., black people have been waging a struggle for survival and liberation. In the history of our own movement this has also been the case: the civil rights struggles, initiated and led by blacks in the South; the rebellions beginning with Harlem in 1964 and Watts in 1965 through Detroit and Newark in 1967; the campus struggles at all-black schools in the South and struggles led by blacks on campuses all across the country. As it is the blacks—along with the Vietnamese and other Third World people—who are most oppressed by US imperialism, their class interests are most solidly and resolutely committed to waging revolutionary struggle through to its completion. Therefore it is no surprise that time and again, in both political content and level of consciousness and militancy, it has been the black liberation movement which has upped the ante and defined the terms of the struggle.

What is the relationship of this “black vanguard” to the “many Vietnams” around the world- Obviously this is an example of our strategy that different fronts reinforce each other. The fact that the Vietnamese are winning weakens the enemy, advancing the possibilities for the black struggle, etc. But it is important for us to understand that the interrelationship is more than this. Black people do not simply “choose” to intensify their struggle because they want to help the Vietnamese, or because they see that Vietnam heightens the possibilities for struggle here. The existence of any one Vietnam, especially a winning one, spurs on others not only through consciousness and choice, but through need, because it is a political and economic, as well as military, weakening of capitalism, and this means that to compensate, the imperialists are forced to intensify their oppression of other people.

Thus the loss of China and Cuba and the loss now of Vietnam not only encourages other oppressed peoples (such as the blacks) by showing what the alternative is and that it can be won, but also costs the imperialists billions of dollars which they then have to take out of the oppression of these other peoples. Within this country increased oppression falls heavier on the most oppressed sections of the population, so that the condition of all workers is worsened through rising taxes, inflation and the fall of real wages, and speedup. But this increased oppression falls heaviest on the most oppressed, such as poor white workers and, especially, the blacks, for example through the collapse of state services like schools, hospitals and welfare, which naturally hits the hardest at those most dependent on them.

This deterioration pushes people to fight harder to even try to maintain their present level. The more the ruling class is hurt in Vietnam, the harder people will be pushed to rebel and to fight for reforms. Because there exist successful models of revolution in Cuba, Vietnam, etc., these reform struggles will provide a continually larger and stronger base for revolutionary ideas. Because it needs to maximize profits by denying the reforms, and is aware that these conditions and reform struggles will therefore lead to revolutionary consciousness, the ruling class will see it more and more necessary to come down on any motion at all, even where it is not yet highly organized or conscious. It will come down faster on black people, because their oppression is increasing fastest, and this makes their rebellion most thorough and most dangerous, and fastest growing. It is because of this that the vanguard character and role of the black liberation struggle will be increased and intensified, rather than being increasingly equal to and merged into the situation and rebellion of oppressed white working people and youth. The crises of imperialism (the existence of Vietnam and especially that it’s winning) will therefore create a “Black Vietnam” within the US.

Given that black self-determination would mean fully crushing the power of the imperialists, this “Vietnam” has certain different characteristics than the external colonial wars. The imperialists will never “get out of the US” until their total strength and every resource they can bring to bear has been smashed; so the Black Vietnam cannot win without bringing the whole thing down and winning for everyone. This means that this war of liberation will be the most protracted and hardest fought of all.

It is in this context that the question of the South must be dealt with again, not as a question of whether or not the black nation, black colony, exists there, as opposed to in the North as well, but rather as a practical question of strategy and tactics: Can the black liberation struggle—the struggle of all blacks in the country—gain advantage in the actual war of liberation by concentrating on building base areas in the South in territory with a concentration of black population-

This is very clearly a different question than that of “where the colony is,” and to this question the “yes” answer is an important possibility. If the best potential for struggle in the South were realized, it is fully conceivable and legitimate that the struggle there could take on the character of a fight for separation; and any victories won in that direction would be important gains for the national liberation of the colony as a whole. However, because the colony is dispersed over the whole country, and not just located in the black belt, winning still means the power and liberation of blacks in the whole country.

Thus, even the winning of separate independence in the South would still be one step toward self-determination, and not equivalent to winning it; which, because of the economic position of the colony as a whole, would still require overthrowing the state power of the imperialists, taking over production and the whole economy and power, etc.

VII. The Revolutionary Youth Movement: Class Analysis

The revolutionary youth movement program was hailed as a transition strategy, which explained a lot of our past work and pointed to new directions for our movement. But as a transition to what- What was our overall strategy- Was the youth movement strategy just an organizational strategy because SDS is an organization of youth and we can move best with other young people-

We have pointed to the vanguard nature of the black struggle in this country as part of the international struggle against American imperialism, and the impossibility of anything but an international strategy for winning. Any attempt to put forth a strategy which, despite internationalist rhetoric, assumes a purely internal development to the class struggle in this country, is incorrect. The Vietnamese (and the Uruguayans and the Rhodesians) and the blacks and Third World peoples in this country will continue to set the terms for class struggle in America.

In this context, why an emphasis on youth- Why should young people be willing to fight on the side of Third World peoples- Before dealing with this question about youth, however, there follows a brief sketch of the main class categories in the white mother country which we think are important, and [which] indicate our present estimation of their respective class interests (bearing in mind that the potential for various sections to understand and fight for the revolution will vary according to more than just their real class interests).

Most of the population is of the working class, by which we mean not simply industrial or production workers, nor those who are actually working, but the whole section of the population which doesn’t own productive property and so lives off of the sale of its labor power. This is not a metaphysical category either in terms of its interests, the role it plays, or even who is in it, which very often is difficult to determine.

As a whole, the long-range interests of the non-colonial sections of the working class lie with overthrowing imperialism, with supporting self-determination for the oppressed nations (including the black colony), with supporting and fighting for international socialism. However, virtually all of the white working class also has short-range privileges from imperialism, which are not false privileges but very real ones which give them an edge of vested interest and tie them to a certain extent to the imperialists, especially when the latter are in a relatively prosperous phase. When the imperialists are losing their empire, on the other hand, these short-range privileged interests are seen to be temporary (even though the privileges may be relatively greater over the faster-increasing emiseration of the oppressed peoples). The long-range interests of workers in siding with the oppressed peoples are seen more clearly in the light of imperialism’s impending defeat. Within the whole working class, the balance of anti-imperialist class interests with white mother country short-term privilege varies greatly.

First, the most oppressed sections of the mother country working class have interests most clearly and strongly anti-imperialist. Who are the most oppressed sections of the working class- Millions of whites who have as oppressive material conditions as the blacks, or almost so: especially poor southern white workers; the unemployed or semi-employed, or those employed at very low wages for long hours and bad conditions, who are non-unionized or have weak unions; and extending up to include much of unionized labor which has it a little better off but still is heavily oppressed and exploited. This category covers a wide range and includes the most oppressed sections not only of production and service workers but also some secretaries, clerks, etc. Much of this category gets some relative privileges (i.e. benefits) from imperialism, which constitute some material basis for being racist or pro-imperialist; but overall it is itself directly and heavily oppressed, so that in addition to its long-range class interest on the side of the people of the world, its immediate situation also constitutes a strong basis for sharpening the struggle against the state and fighting through to revolution.

Secondly, there is the upper strata of the working class. This is also an extremely broad category, including the upper strata of unionized skilled workers and also most of the “new working class” of proletarianized or semi-proletarianized “intellect workers.” There is no clearly marked dividing line between the previous section and this one; our conclusions in dealing with “questionable” strata will in any event have to come from more thorough analysis of particular situations. The long-range class interests of this strata, like the previous section of more oppressed workers, are for the revolution and against imperialism. However, it is characterized by a higher level of privilege relative to the oppressed colonies, including the blacks, and relative to more oppressed workers in the mother country; so that there is a strong material basis for racism and loyalty to the system. In a revolutionary situation, where the people’s forces were on the offensive and the ruling class was clearly losing, most of this upper strata of the working class will be winnable to the revolution, while at least some sections of it will probably identify their interests with imperialism till the end and oppose the revolution (which parts do which will have to do with more variables than just the particular level of privilege). The further development of the situation will clarify where this section will go, although it is clear that either way we do not put any emphasis on reaching older employed workers from this strata at this time. The exception is where they are important to the black liberation struggle, the Third World, or the youth movement in particular situations, such as with teachers, hospital technicians, etc., in which cases we must fight particularly hard to organize them around a revolutionary line of full support for black liberation and the international revolution against US imperialism. This is crucial because the privilege of this section of the working class has provided and will provide a strong material basis for national chauvinist and social democratic ideology within the movement, such as anti-internationalist concepts of “student power” and “workers control.” Another consideration in understanding the interests of this segment is that, because of the way it developed and how its skills and its privileges were “earned over time,” the differential between the position of youth and older workers is in many ways greater for this section than any other in the population. We should continue to see it as important to build the revolutionary youth movement among the youth of this strata.

Thirdly, there are “middle strata” who are not petit bourgeoisie, who may even technically be upper working class, but who are so privileged and tightly tied to imperialism through their job roles that they are agents of imperialism. This section includes management personnel, corporate lawyers, higher civil servants, and other government agents, army officers, etc. Because their job categories require and promote a close identification with the interests of the ruling class, these strata are enemies of the revolution.

Fourthly, and last among the categories we’re going to deal with, is the petit bourgeoisie. This class is different from the middle level described above in that it has the independent class interest which is opposed to both monopoly power and to socialism. The petit bourgeoisie consists of small capital—both business and farms—and self-employed tradesmen and professionals (many professionals work for monopoly capital, and are either the upper level of the working class or in the dent class interests-anti-monopoly capital, but for capitalism rather than socialism—gives it a political character of some opposition to “big government,” like its increased spending and taxes and its totalitarian extension of its control into every aspect of life, and to “big labor,” which is at this time itself part of the monopoly capitalist power structure. The direction which this opposition takes can be reactionary or reformist. At this time the reformist side of it is very much mitigated by the extent to which the independence of the petit bourgeoisie is being undermined. Increasingly, small businesses are becoming extensions of big ones, while professionals and self-employed tradesmen less and less sell their skills on their own terms and become regular employees of big firms. This tendency does not mean that the reformist aspect is not still present; it is, and there are various issues, like withdrawing from a losing imperialist war, where we could get support from them. On the question of imperialism as a system, however, their class interests are generally more for it than for overthrowing it, and it will be the deserters from their class who stay with us.

VIII. Why A Revolutionary Youth Movement-

In terms of the above analysis, most young people in the US are part of the working class. Although not yet employed, young people whose parents sell their labor power for wages, and more important who themselves expect to do the same in the future—or go into the army or be unemployed—are undeniably members of the working class. Most kids are well aware of what class they are in, even though they may not be very scientific about it. So our analysis assumes from the beginning that youth struggles are, by and large, working-class struggles. But why the focus now on the struggles of working-class youth rather than on the working class as a whole-

The potential for revolutionary consciousness does not always correspond to ultimate class interest, particularly when imperialism is relatively prosperous and the movement is in an early stage. At this stage, we see working-class youth as those most open to a revolutionary movement which sides with the struggles of Third World people; the following is an attempt to explain a strategic focus on youth for SDS.

In general, young people have less stake in a society (no family, fewer debts, etc.), are more open to new ideas (they have not been brainwashed for so long or so well), and are therefore more able and willing to move in a revolutionary direction. Specifically in America, young people have grown up experiencing the crises in imperialism. They have grown up along with a developing black liberation movement, with the liberation of Cuba, the fights for independence in Africa and the war in Vietnam. Older people grew up during the fight against fascism, during the Cold War, the smashing of the trade unions, McCarthy, and a period during which real wages consistently rose—since 1965 disposable real income has decreased slightly, particularly in urban areas where inflation and increased taxation have bitten heavily into wages. This crisis in imperialism affects all parts of the society. America has had to militarize to protect and expand its empire; hence the high draft calls and the creation of a standing army of three and a half million, an army which still has been unable to win in Vietnam. Further, the huge defense expenditures—required for the defense of the empire and at the same time a way of making increasing profits for the defense industries—have gone hand in hand with the urban crisis around welfare, the hospitals, the schools, housing, air and water pollution. The State cannot provide the services it has been forced to assume responsibility for, and needs to increase taxes and to pay its growing debts while it cuts services and uses the pigs to repress protest. The private sector of the economy can’t provide jobs, particularly unskilled jobs. The expansion of the defense and education industries by the State since World War II is in part an attempt to pick up the slack, though the inability to provide decent wages and working conditions for “public” jobs is more and more a problem.

As imperialism struggles to hold together this decaying social fabric, it inevitably resorts to brute force and authoritarian ideology. People, especially young people, more and more find themselves in the iron grip of authoritarian institutions. Reaction against the pigs or teachers in the schools, welfare pigs or the army, is generalizable and extends beyond the particular repressive institution to the society and the State as a whole. The legitimacy of the State is called into question for the first time in at least 30 years, and the anti-authoritarianism which characterizes the youth rebellion turns into rejection of the State, a refusal to be socialized into American society. Kids used to try to beat the system from inside the army or from inside the schools; now they desert from the army and burn down the schools.

The crisis in imperialism has brought about a breakdown in bourgeois social forms, culture and ideology. The family falls apart, kids leave home, women begin to break out of traditional “female” and “mother” roles. There develops a “generation gap” and a “youth problem.” Our heroes are no longer struggling businessmen, and we also begin to reject the ideal career of the professional and look to Mao, Chef, the Panthers, the Third World, for our models, for motion. We reject the elitist, technocratic bullshit that tells us only experts can rule, and look instead to leadership from the people’s war of the Vietnamese. Chuck Berry, Elvis, the Temptations brought us closer to the “people’s culture” of Black America. The racist response to the civil rights movement revealed the depth of racism in America, as well as the impossibility of real change through American institutions. And the war against Vietnam is not “the heroic war against the Nazis”; it’s the big lie, with napalm burning through everything we had heard this country stood for. Kids begin to ask questions: Where is the Free World- And who do the pigs protect at home-

The breakdown in bourgeois culture and concomitant anti-authoritarianism is fed by the crisis in imperialism, but also in turn feeds that crisis, exacerbates it so that people no longer merely want the plastic ’50s restored, but glimpse an alternative (like inside the Columbia buildings) and begin to fight for it. We don’t want teachers to be more kindly cops; we want to smash cops, and build a new life.

The contradictions of decaying imperialism fall hardest on youth in four distinct areas—the schools, jobs, the draft and the army, and the pigs and the courts. (A) In jail-like schools, kids are fed a mish-mash of racist, male chauvinist, anti-working class, anti-communist lies while being channeled into job and career paths set up according to the priorities of monopoly capital. At the same time, the State is becoming increasingly incapable of providing enough money to keep the schools going at all. (B) Youth unemployment is three times average unemployment. As more jobs are threatened by automation or the collapse of specific industries, unions act to secure jobs for those already employed. New people in the labor market can’t find jobs, job stability is undermined (also because of increasing speed-up and more intolerable safety conditions) and people are less and less going to work in the same shop for 40 years. And, of course, when they do find jobs, young people get the worst ones and have the least seniority. (C) There are now two and a half million soldiers under thirty who are forced to police the world, kill and be killed in wars of imperialist domination. And (D) as a “youth problem” develops out of all this, the pigs and courts enforce curfews, set up pot busts, keep people off the streets, and repress any youth motion whatsoever.

In all of this, it is not that life in America is toughest for youth or that they are the most oppressed. Rather, it is that young people are hurt directly—and severely—by imperialism. And, in being less tightly tied to the system, they are more “pushed” to join the black liberation struggle against US imperialism. Among young people there is less of a material base for racism—they have no seniority, have not spent 20 years securing a skilled job (the white monopoly of which is increasingly challenged by the black liberation movement), and aren’t just about to pay off a 25-year mortgage on a house which is valuable because it’s located in a white neighborhood.

While these contradictions of imperialism fall hard on all youth, they fall hardest on the youth of the most oppressed (least privileged) sections of the working class. Clearly these youth have the greatest material base for struggle. They are the ones who most often get drafted, who get the worst jobs if they get any, who are most abused by the various institutions of social control, from the army to decaying schools, to the pigs and the courts. And their day-to-day existence indicates a potential for militancy and toughness. They are the people whom we can reach who at this stage are most ready to engage in militant revolutionary struggle.

The point of the revolutionary youth movement strategy is to move from a predominant student elite base to more oppressed (less privileged) working-class youth as a way of deepening and expanding the revolutionary youth movement—not of giving up what we have gained, not giving up our old car for a new Dodge. This is part of a strategy to reach the entire working class to engage in struggle against imperialism; moving from more privileged sections of white working-class youth to more oppressed sections to the entire working class as a whole, including importantly what has classically been called the industrial proletariat. But this should not be taken to mean that there is a magic moment, after we reach a certain percentage of the working class, when all of a sudden we become a working-class movement. We are already that if we put forward internationalist proletarian politics. We also don’t have to wait to become a revolutionary force. We must be a self-conscious revolutionary force from the beginning, not be a movement which takes issues to some mystical group—”THE PEOPLE”—who will make the revolution. We must be a revolutionary movement of people understanding the necessity to reach more people, all working people, as we make the revolution.

The above arguments make it clear that it is both important and possible to reach young people wherever they are—not only in the shops, but also in the schools, in the army and in the streets—so as to recruit them to fight on the side of the oppressed peoples of the world. Young people will be part of the International Liberation Army. The necessity to build this International Liberation Army in America leads to certain priorities in practice for the revolutionary youth movement which we should begin to apply this summer. …

IX. Imperialism Is The Issue

The Communists are distinguished from the other working-class parties by this only: 1. In the national struggles of the proletariat of different countries, they point out and bring to the front the common interests of the entire proletariat, independently of all nationality. 2. In the various stages of development which the struggle of the working-class against the bourgeoisie has to pass through, they always and everywhere represent the interests of the movement as a whole.”

—Communist Manifesto

How do we reach youth; what kinds of struggles do we build; how do we make a revolution- What we have tried to lay out so far is the political content of the consciousness which we want to extend and develop as a mass consciousness: the necessity to build our power as part of the whole international revolution to smash the state power of the imperialists and build socialism. Besides consciousness of this task, we must involve masses of people in accomplishing it. Yet we are faced with a situation in which almost all of the people whose interests are served by these goals, and who should be, or even are, sympathetic to revolution, neither understand the specific tasks involved in making a revolution nor participate in accomplishing them. On the whole, people don’t join revolutions just because revolutionaries tell them to. The oppression of the system affects people in particular ways, and the development of political consciousness and participation begins with particular problems, which turn into issues and struggles. We must transform people’s everyday problems, and the issues and struggles growing out of them, into revolutionary consciousness, active and conscious opposition to racism and imperialism.

This is directly counterposed to assuming that struggles around immediate issues will lead naturally over time to struggle against imperialism. It has been argued that since people’s oppression is due to imperialism and racism, then any struggle against immediate oppression is “objectively anti-imperialist,” and the development of the fight against imperialism is a succession of fights for reforms. This error is classical economism.

A variant of this argument admits that this position is often wrong, but suggests that since imperialism is collapsing at this time, fights for reforms become “objectively anti-imperialist.” At this stage of imperialism there obviously will be more and more struggles for the improvement of material conditions, but that is no guarantee of increasing internationalist proletarian consciousness.

On the one hand, if we, as revolutionaries, are capable of understanding the necessity to smash imperialism and build socialism, then the masses of people who we want to fight along with us are capable of that understanding. On the other hand, people are brainwashed and at present don’t understand it; if revolution is not raised at every opportunity, then how can we expect people to see it in their interests, or to undertake the burdens of revolution- We need to make it clear from the very beginning that we are about revolution. But if we are so careful to avoid the dangers of reformism, how do we relate to particular reform struggles- We have to develop some sense of how to relate each particular issue to the revolution.

In every case, our aim is to raise anti-imperialist and anti-racist consciousness and tie the struggles of working-class youth (and all working people) to the struggles of Third World people, rather than merely joining fights to improve material conditions, even though these fights are certainly justified. This is not to say that we don’t take immediate fights seriously, or fight hard in them, but that we are always up front with our politics, knowing that people in the course of struggle are open to a class line, ready to move beyond narrow self-interest.

It is in this sense that we point out that the particular issue is not the issue, is important insofar as it points to imperialism as an enemy that has to be destroyed. Imperialism is always the issue. Obviously, the issue cannot be a good illustration, or a powerful symbol, if it is not real to people, if it doesn’t relate to the concrete oppression that imperialism causes. People have to be (and are being) hurt in some material way to understand the evils of imperialism, but what we must stress is the systematic nature of oppression and the way in which a single manifestation of imperialism makes clear its fundamental nature. At Columbia it was not the gym, in particular, which was important in the struggle, but the way in which the gym represented, to the people of Harlem and Columbia, Columbia’s imperialist invasion of the black colony. Or at Berkeley, though people no doubt needed a park (as much, however, as many other things-), what made the struggle so important was that people, at all levels of militancy, consciously saw themselves attacking private property and the power of the State. And the Richmond Oil Strike was exciting because the militant fight for improvement of material conditions was part and parcel of an attack on international monopoly capital. The numbers and militancy of people mobilized for these struggles has consistently surprised the left, and pointed to the potential power of a class-conscious mass movement.

The masses will fight for socialism when they understand that reform fights, fights for improvement of material conditions, cannot be won under imperialism. With this understanding, revolutionaries should never put forth a line which fosters the illusion that imperialism will grant significant reforms. We must engage in struggles forthrightly as revolutionaries, so that it will be clear to anyone we help to win gains that the revolution rather than imperialism is responsible for them. This is one of the strengths of the Black Panther Party Breakfast for Children Program. It is “socialism in practice” by revolutionaries with the “practice” of armed self-defense and a “line” which stresses the necessity of overthrowing imperialism and seizing state power. Probably the American Friends Service Committee serves more children breakfast, but it is the symbolic value of the program in demonstrating what socialism will do for people which makes the Black Panther Program worthwhile.

What does it mean to organize around racism and imperialism in specific struggles- In the high schools (and colleges) at this time, it means putting forth a mass line to close down the schools, rather than to reform them, so that they can serve the people. The reason for this line is not that under capitalism the schools cannot serve the people, and therefore it is silly or illusory to demand that. Rather, it is that kids are ready for the full scope of militant struggle, and already demonstrate a consciousness of imperialism, such that struggles for a people-serving school would not raise the level of their struggle to its highest possible point. Thus, to tell a kid in New York that imperialism tracks him and thereby oppresses him is often small potatoes compared to his consciousness that imperialism oppresses him by jailing him, pigs and all, and the only thing to do is break out and tear up the jail. And even where high school kids are not yet engaged in such sharp struggle, it is crucial not to build consciousness only around specific issues such as tracking or ROTC or racist teachers, but to use these issues to build toward the general consciousness that the schools should be shut down. It may be important to present a conception of what schools should or could be like (this would include the abolition of the distinction between mental and physical work), but not offer this total conception as really possible to fight for in any way but through revolution.

A mass line to close down the schools or colleges does not contradict demands for open admissions to college or any other good reform demand. Agitational demands for impossible, but reasonable, reforms are a good way to make a revolutionary point. The demand for open admissions by asserting the alternative to the present (school) system exposes its fundamental nature—that it is racist, class-based, and closed—pointing to the only possible solution to the present situation: “Shut it down!” The impossibility of real open admissions—all black and brown people admitted, no flunk-out, full scholarship, under present conditions—is the best reason (that the schools show no possibility for real reform) to shut the schools down. We should not throw away the pieces of victories we gain from these struggles, for any kind of more open admissions means that the school is closer to closing down (it costs the schools more, there are more militant blacks and browns making more and more fundamental demands on the schools, and so on). Thus our line in the schools, in terms of pushing any good reforms, should be, Open them up and shut them down!”

The spread of black caucuses in the shops and other workplaces throughout the country is an extension of the black liberation struggle. These groups have raised and will continue to raise anti-racist issues to white workers in a sharper fashion than any whites ever have or could raise them. Blacks leading struggles against racism made the issue unavoidable, as the black student movement leadership did for white students. At the same time these black groups have led fights which traditional trade-union leaders have consistently refused to lead—fights against speed-up and for safety (issues which have become considerably more serious in the last few years), forcing white workers, particularly the more oppressed, to choose in another way between allegiance to the white mother country and black leadership. As white mother country radicals we should try to be in shops, hospitals, and companies where there are black caucuses, perhaps organizing solidarity groups, but at any rate pushing the importance of the black liberation struggle to whites, handing out Free Huey literature, bringing guys out to Panther rallies, and so on. Just one white guy could play a crucial role in countering UAW counter-insurgency.

We also need to relate to workplaces where there is no black motion but where there are still many young white workers. In the shops the crisis in imperialism has come down around speed-up, safety, and wage squeeze—due to higher taxes and increased inflation, with the possibility of wage-price controls being instituted.

We must relate this exploitation back to imperialism. The best way to do this is probably not caucuses in the shops, but to take guys to citywide demonstrations, Newsreels, even the latest administration building, to make the Movement concrete to them and involve them in it. Further, we can effect consciousness and pick up people through agitational work at plants, train stops, etc., selling Movements, handing out leaflets about the war, the Panthers, the companies’ holdings overseas or relations to defense industry, etc.

After the Richmond strike, people leafleted about demonstrations in support of the Curaçao Oil workers, Free Huey May Day, and People’s Park.

SDS has not dealt in any adequate way with the women question; the resolution passed at Ann Arbor did not lead to much practice, nor has the need to fight male supremacy been given any programmatic direction within the RYM. As a result, we have a very limited understanding of the tie-up between imperialism and the women question, although we know that since World War II the differential between men’s and women’s wages has increased, and guess that the breakdown of the family is crucial to the woman question. How do we organize women against racism and imperialism without submerging the principled revolutionary question of women’s liberation- We have no real answer, but we recognize the real reactionary danger of women’s groups that are not self-consciously revolutionary and anti-imperialist.

To become more relevant to the growing women’s movement, SDS women should begin to see as a primary responsibility the self-conscious organizing of women. We will not be able to organize women unless we speak directly to their own oppression. This will become more and more critical as we work with more oppressed women. Women who are working and women who have families face male supremacy continuously in their day-to-day lives; that will have to be the starting point in their politicization. Women will never be able to undertake a full revolutionary role unless they break out of their woman’s role. So a crucial task for revolutionaries is the creation of forms of organization in which women will be able to take on new and independent roles. Women’s self-defense groups will be a step toward these organizational forms, as an effort to overcome women’s isolation and build revolutionary self-reliance.

The cultural revolt of women against their “role” in imperialism (which is just beginning to happen in a mass way) should have the same sort of revolutionary potential that the RYM claimed for “youth culture.” The role of the “wife-mother” is reactionary in most modern societies, and the disintegration of that role under imperialism should make women more sympathetic to revolution.

In all of our work we should try to formulate demands that not only reach out to more oppressed women, but ones which tie us to other ongoing struggles, in the way that a daycare center at U of C [University of Chicago] enabled us to tie the women’s liberation struggle to the Black Liberation struggle.

There must be a strong revolutionary women’s movement, for without one it will be impossible for women’s liberation to be an important part of the revolution. Revolutionaries must be made to understand the full scope of women’s oppression, and the necessity to smash male supremacy.

X. Neighborhood-Based Citywide Youth Movement

One way to make clear the nature of the system and our tasks working off of separate struggles is to tie them together with each other: to show that we’re one “multi-issue” movement, not an alliance of high school and college students, or students and GIs, or youth and workers, or students and the black community. The way to do this is to build organic regional or sub-regional and citywide movements, by regularly bringing people in one institution or area to fights going on on other fronts.

This works on two levels. Within a neighborhood, by bringing kids to different fights and relating these fights to each other—high school stuff, colleges, housing, welfare, shops—we begin to build one neighborhood-based multi-issue movement off of them. Besides actions and demonstrations, we also pull different people together in day-to-day film showings, rallies, for speakers and study groups, etc. On a second level, we combine neighborhood “bases” into a citywide or region-wide movement by doing the same kind of thing; concentrating our forces at whatever important struggles are going on and building more ongoing interrelationships off of that.

The importance of specifically neighborhood-based organizing is illustrated by our greatest failing in RYM practice so far—high school organizing. In most cities we don’t know the kids who have been tearing up and burning down the schools. Our approach has been elitist, relating to often baseless citywide groups by bringing them our line, or picking up kids with a false understanding of “politics” rather than those whose practice demonstrates their concrete anti-imperialist consciousness that schools are prisons. We’ve been unwilling to work continuously with high school kids as we did in building up college chapters. We will only reach the high school kids who are in motion by being in the schoolyards, hangouts and on the streets on an everyday basis. From a neighborhood base, high school kids could be effectively tied in to struggles around other institutions and issues, and to the anti-imperialist movement as a whole.

We will try to involve neighborhood kids who aren’t in high schools too; take them to anti-war or anti-racism fights, stuff in the schools, etc.; and at the same time reach out more broadly through newspapers, films, storefronts. Activists and cadres who are recruited in this work will help expand and deepen the Movement in new neighborhoods and high schools. Mostly we will still be tied in to the college-based movement in the same area, be influencing its direction away from campus-oriented provincialism, be recruiting high school kids into it where it is real enough and be recruiting organizers out of it. In its most developed form, this neighborhood-based movement would be a kind of sub-region. In places where the Movement wasn’t so strong, this would be an important form for being close to kids in a day-to-day way and yet be relating heavily to a lot of issues and political fronts which the same kids are involved with.

The second level is combining these neighborhoods into citywide and regional movements. This would mean doing the same thing—bringing people to other fights going on—only on a larger scale, relating to various blow-ups and regional mobilizations. An example is how a lot of people from different places went to San Francisco State, the Richmond Oil Strike, and now Berkeley. The existence of this kind of cross-motion makes ongoing organizing in other places go faster and stronger, first by creating a pervasive politicization, and second by relating everything to the most militant and advanced struggles going on so that they influence and set the pace for a lot more people. Further, cities are a basic unit of organization of the whole society in a way that neighborhoods aren’t. For example, one front where we should be doing stuff is the courts; they are mostly organized citywide, not by smaller areas. The same for the city government itself. Schools where kids go are in different neighborhoods from where they live, especially colleges; the same for hospitals people go to, and where they work. As a practical question of staying with people we pick up, the need for a citywide or area-wide kind of orientation is already felt in our movement.

Another failure of this year was making clear what the RYM meant for chapter members and students who weren’t organizers about to leave their campus for a community college, high school, GI organizing, shops or neighborhoods. One thing it means for them is relating heavily to off-campus activities and struggles, as part of the citywide motion. Not leaving the campus movement like people did for ERAP [Education Research Action Project] stuff; rather, people still organized on the campus in off-campus struggles, the way they have in the past for national actions. Like the national actions, the citywide ones will build the on-campus movement, not compete with it.

Because the Movement will be defining itself in relation to many issues and groups, not just schools (and the war and racism as they hit at the schools), it will create a political context that non-students can relate to better, and be more useful to organizing among high school students, neighborhood kids, the mass of people. In the process, it will change the consciousness of the students too; if the issues are right and the Movement fights them, people will develop a commitment to the struggle as a whole, and an understanding of the need to be revolutionaries rather than a “student movement.” Building a revolutionary youth movement will depend on organizing in a lot of places where we haven’t been, and just tying the student movement to other issues and struggles isn’t a substitute for that. But given our limited resources we must also lead the on-campus motion into a RYM direction, and we can make great gains toward citywide youth movements by doing it.

Three principles underlie this multi-issue, “cross-institutional” movement, on the neighborhood and citywide levels, as to why it creates greater revolutionary consciousness and active participation in the revolution:

(1) Mixing different issues, struggles and groups demonstrates our analysis to people in a material way. We claim there is one system and so all these different problems have the same solution, revolution. If they are the same struggle in the end, we should make that clear from the beginning. On this basis we must aggressively smash the notion that there can be outside agitators on a question pertaining to the imperialists.

(2) “Relating to Motion”: the struggle activity, the action, of the Movement demonstrates our existence and strength to people in a material way. Seeing it happen, people give it more weight in their thinking. For the participants, involvement in struggle is the best education about the Movement, the enemy and the class struggle. In a neighborhood or whole city the existence of some struggle is a catalyst for other struggles—it pushes people to see the Movement as more important and urgent, and as an example and precedent makes it easier for them to follow. If the participants in a struggle are based in different institutions or parts of the city, these effects are multiplied. Varied participation helps the Movement be seen as political (wholly subversive) rather than as separate grievance fights. As people in one section of the Movement fight beside and identify closer with other sections, the mutual catalytic effect of their struggles will be greater.

(3) We must build a Movement oriented toward power. Revolution is a power struggle, and we must develop that understanding among people from the beginning. Pooling our resources area-wide and citywide really does increase our power in particular fights, as-well as push a mutual-aid-in-struggle consciousness.

XI. The RYM And The Pigs

A major focus in our neighborhood and citywide work is the pigs, because they tie together the various struggles around the State as the enemy, and thus point to the need for a Movement oriented toward power to defeat it.

The pigs are the capitalist state, and as such define the limits of all political struggles; to the extent that a revolutionary struggle shows signs of success, they come in and mark the point it can’t go beyond. In the early stages of struggle, the ruling class lets parents come down on high school kids, or jocks attack college chapters. When the struggle escalates the pigs come in; at Columbia, the left was afraid its struggle would be co-opted to anti-police brutality, cops off campus, and said pigs weren’t the issue. But pigs really are the issue and people will understand this, one way or another. They can have a liberal understanding that pigs are sweaty working-class barbarians who over-react and commit “police brutality” and so shouldn’t be on campus. Or they can understand pigs as the repressive imperialist State doing its job. Our job is not to avoid the issue of the pigs as “diverting” from anti-imperialist struggle, but to emphasize that they are our real enemy if we fight that struggle to win.

Even when there is no organized political struggle, the pigs come down on people in everyday life in enforcing capitalist property relations, bourgeois laws and bourgeois morality; they guard stores and factories and the rich and enforce credit and rent against the poor. The overwhelming majority of arrests in America are for crimes against property. The pigs will be coming down on the kids we’re working with in the schools, on the streets, around dope; we should focus on them, point them out all the time, like the Panthers do. We should relate the daily oppression by the pig to their role in political repression, and develop a class understanding of political power and armed force among the kids we’re with.

As we develop a base these two aspects of the pig role increasingly come together. In the schools, pig is part of daily oppression—keeping order in halls and lunch rooms, controlling smoking—while at the same time pigs prevent kids from handing out leaflets, and bust “outside agitators.” The presence of youth, or youth with long hair, becomes defined as organized political struggle and the pigs react to it as such. More and more everyday activity is politically threatening, so pigs are suddenly more in evidence; this in turn generates political organization and opposition, and so on. Our task will be to catalyze this development, pushing out the conflict with the pig so as to define every struggle—schools (pigs out, pig institutes out), welfare (invading pig-protected office), the streets (curfew and turf fights)—as a struggle against the needs of capitalism and the force of the State.

Pigs don’t represent State power as an abstract principle; they are a power that we will have to overcome in the course of struggle or become irrelevant, revisionist, or dead. We must prepare concretely to meet their power because our job is to defeat the pigs and the army, and organize on that basis. Our beginnings should stress self-defense—building defense groups around karate classes, learning how to move on the street and around the neighborhood, medical training, popularizing and moving toward (according to necessity) armed self-defense, all the time honoring and putting forth the principle that “political power comes out of the barrel of a gun.” These self-defense groups would initiate pig surveillance patrols, visits to the pig station and courts when someone is busted, etc.

Obviously the issues around the pig will not come down by neighborhood alone; it will take at least citywide groups able to coordinate activities against a unified enemy—in the early stages, for legal and bail resources and turning people out for demonstrations, adding the power of the citywide movement to what may be initially only a tenuous base in a neighborhood. Struggles in one part of the city will not only provide lessons for but [will] materially aid similar motion in the rest of it.

Thus the pigs are ultimately the glue—the necessity—that holds the neighborhood-based and citywide movement together; all of our concrete needs lead to pushing the pigs to the fore as a political focus:

(1) making institutionally oriented reform struggles deal with State power, by pushing our struggle till either winning or getting pigged;

(2) using the citywide inter-relation of fights to raise the level of struggle and further large-scale anti-pig movement-power consciousness;

(3) developing spontaneous anti-pig consciousness in our neighborhoods to an understanding of imperialism, class struggle and the State;

(4) and using the citywide movement as a platform for reinforcing and extending this politicization work, like by talking about getting together a citywide neighborhood-based mutual aid anti-pig self-defense network.

All of this can be done through citywide agitation and propaganda and picking certain issues—to have as the central regional focus for the whole Movement.

XII. Repression And Revolution

As institutional fights and anti-pig self-defense off of them intensify, so will the ruling class’s repression. Their escalation of repression will inevitably continue according to how threatening the Movement is to their power. Our task is not to avoid or end repression; that can always be done by pulling back, so we’re not dangerous enough to require crushing. Sometimes it is correct to do that as a tactical retreat, to survive to fight again.

To defeat repression, however, is not to stop it but to go on building the Movement to be more dangerous to them; in which case, defeated at one level, repression will escalate even more. To succeed in defending the Movement, and not just ourselves at its expense, we will have to successively meet and overcome these greater and greater levels of repression.

To be winning will thus necessarily, as imperialism’s lesser efforts fail, bring about a phase of all-out military repression. To survive and grow in the face of that will require more than a larger base of supporters; it will require the invincible strength of a mass base at a high level of active participation and consciousness, and can only come from mobilizing the self-conscious creativity, will and determination of the people.

Each new escalation of the struggle in response to new levels of repression, each protracted struggle around self-defense which becomes a material fighting force, is part of the international strategy of solidarity with Vietnam and the blacks, through opening up other fronts. They are anti-war, anti-imperialist and pro-black liberation. If they involve fighting the enemy, then these struggles are part of the revolution.

Therefore, clearly the organization and active, conscious, participating mass base needed to survive repression are also the same needed for winning the revolution. The Revolutionary Youth Movement speaks to the need for this kind of active mass-based Movement by tying citywide motion back to community youth bases, because this brings us close enough to kids in their day-to-day lives to organize their “maximum active participation” around enough different kinds of fights to push the “highest level of consciousness” about imperialism, the black vanguard, the State and the need for armed struggle.

III. The Need For A Revolutionary Party

The RYM must also lead to the effective organization needed to survive and to create another battlefield of the revolution. A revolution is a war; when the Movement in this country can defend itself militarily against total repression it will be part of the revolutionary war.

This will require a cadre organization, effective secrecy, self-reliance among the cadres, and an integrated relationship with the active mass-based Movement. To win a war with an enemy as highly organized and centralized as the imperialists will require a (clandestine) organization of revolutionaries, having also a unified “general staff”; that is, combined at some point with discipline under one centralized leadership. Because war is political, political tasks—the international communist revolution—must guide it. Therefore the centralized organization of revolutionaries must be a political organization as well as military, what is generally called a “Marxist-Leninist” party.

How will we accomplish the building of this kind of organization- It is clear that we couldn’t somehow form such a party at this time, because the conditions for it do not exist in this country outside the Black nation. What are these conditions-

One is that to have a unified centralized organization it is necessary to have a common revolutionary theory which explains, at least generally, the nature of our revolutionary tasks and how to accomplish them. It must be a set of ideas which have been tested and developed in the practice of resolving the important contradictions in our work.

A second condition is the existence of revolutionary leadership tested in practice. To have a centralized party under illegal and repressive conditions requires a centralized leadership, specific individuals with the understanding and the ability to unify and guide the Movement in the face of new problems and be right most of the time.

Thirdly, and most important, there must be the same revolutionary mass base mentioned earlier, or (better) revolutionary mass movement. It is clear that without this there can’t be the practical experience to know whether or not a theory, or a leader, is any good at all. Without practical revolutionary activity on a mass scale the party could not test and develop new ideas and draw conclusions with enough surety behind them to consistently base its survival on them. Especially, no revolutionary party could possibly survive Without relying on the active support and participation of masses of people.

These conditions for the development of a revolutionary party in this country are the main “conditions” for winning. There are two kinds of tasks for us.

One is the organization of revolutionary collectives within the Movement. Our theory must come from practice, but it can’t be developed in isolation. Only a collective pooling of our experiences can develop a thorough understanding of the complex conditions in this country. In the same way, only our collective efforts toward a common plan can adequately test the ideas we develop. The development of revolutionary Marxist-Leninist-Maoist collective formations which undertake this concrete evaluation and application of the lessons of our work is not just the task of specialists or leaders, but the responsibility of every revolutionary. Just as a collective is necessary to sum up experiences and apply them locally, equally the collective interrelationship of groups all over the country is necessary to get an accurate view of the whole movement and to apply that in the whole country. Over time, those collectives which prove themselves in practice to have the correct understanding (by the results they get) will contribute toward the creation of a unified revolutionary party.

The most important task for us toward making the revolution, and the work our collectives should engage in, is the creation of a mass revolutionary movement, without which a clandestine revolutionary party will be impossible. A revolutionary mass movement is different from the traditional revisionist mass base of “sympathizers.” Rather it is akin to the Red Guard in China, based on the full participation and involvement of masses of people in the practice of making revolution; a movement with a full willingness to participate in the violent and illegal struggle. It is a movement diametrically opposed to the elitist idea that only leaders are smart enough or interested enough to accept full revolutionary conclusions. It is a movement built on the basis of faith in the masses of people.

The task of collectives is to create this kind of movement. (The party is not a substitute for it. and in fact is totally dependent on it.) This will be done at this stage principally among youth, through implementing the Revolutionary Youth Movement strategy discussed in this paper. It is practice at this, and not political “teachings” in the abstract, which will determine the relevance of the political collectives which are formed.

The strategy of the RYM for developing an active mass base, tying the citywide fights to community and citywide anti-pig movement, and for building a party eventually out of this motion, fits with the world strategy for winning the revolution, builds a movement oriented toward power, and will become one division of the International Liberation Army, while its battlefields are added to the many Vietnams which will dismember and dispose of US imperialism. Long Live the Victory of People’s War!

ACLU: Police provoked first DNC arrests

den-mon-ua-masks
The ACLU has uncovered a police report which reveals that the first gassing of protesters at the DNC was in response to actions by an undercover provocateur. The police explain their ruse was to extract the infiltrator from the crowd without blowing his cover, but those who were there saw the maneuver’s real purpose. The Denver Post wrote DNC police staged confrontation that prompted pepper spray

After two trouble free marches that day, this incident began when a group organized by Unconventional Denver stepped off the curb at Civic Center Park. Police who had been encircling the group on the grass, formed a phalanx to block their passage and immediately donned gas masks.

The demonstrators were confronted from the North and West, to keep them from leaving the park area. At any time members of the crowd could opt to step back unto the grass. This fact challenges how the Denver Police are attempting to explain their actions with the protest infiltrator.

Because the report brought to light by the ACLU revealed that the first target of the pepper spray was an undercover officer, DPD offered this story. They were trying to extract their officer without arousing suspicion. When another officer misinterpreted the scuffle, he unleashed the pepper spray. Protestations and more spraying ensued. That’s the official story.

Witnesses can attest that there were plenty of other undercover agents in the crowd, the rest of whom were able to melt away. Why the special treatment for this one?

Well, there’s another hypothesis for the police actions. It’s textbook crowd management. I’d say “riot control,” but it means inciting a riot in order to control it. Police use infiltrators to start fights in order to justify their use of violence to intervene. Often this can be as simple as an infiltrator to play stool pigeon while the police jump in to make the arrest. The crowd moves to protect what it thinks is a member unfairly targeted by the officers, and this reaction gives the police justification to crack down.

It that what happened at the DNC on Monday? Not even. While the undercover officer struggled against being “arrested,” before there might have been a reaction from the crowd, another officer “mistook” the event for a protester resisting arrest. His assault with pepper spray led to the crowd reaction which prompted indiscriminate spraying.

I can attest to two details which reinforce the likelihood of this latter scenario. Number one, all protest participants were always free to retreat from the street. It’s the path I chose in fact. My photographs illustrate my vantage point from curbside. Two, DNC activists were always savvy to the police infiltrators. We gave them as wide a berth as possible at all times. It’s likely the crowd never fell for the one who provoked the escalation of violence at Civic Center Park. In fact by the DPD’s own admission, the step up was a “mistake” on the part of one of their men.

Here’s raw surveillance footage which shows the chronology of the spraying.

Stop the Senate of would-be thieves!

wallstreet-bailoutCall your Band of Thieving Senators now to tell them you don’t want to give $700 Billion –more honestly likely to be $5 Trillion– to the robber bankers of Wall Street! Telephone Colorado Senators Ken Salazar at 202.224.5852 and Wayne Allard at 202.224.5941 NOW. Why not call OBAMA too! (phone: 202-224-2854) Tell them you want them to consult with at least ONE economist of repute! At least one analyst not on the corporate payroll. As he promised yesterday, Michael Moore suggests a 10 PART PLAN, only IF pressure can be brought to bear right now to stop the Senate bill.

Friends,

The richest 400 Americans — that’s right, just four hundred people — own MORE than the bottom 150 million Americans combined. 400 rich Americans have got more stashed away than half the entire country! Their combined net worth is $1.6 trillion. During the eight years of the Bush Administration, their wealth has increased by nearly $700 billion — the same amount that they are now demanding we give to them for the “bailout.” Why don’t they just spend the money they made under Bush to bail themselves out? They’d still have nearly a trillion dollars left over to spread amongst themselves!

Of course, they are not going to do that — at least not voluntarily. George W. Bush was handed a $127 billion surplus when Bill Clinton left office. Because that money was OUR money and not his, he did what the rich prefer to do — spend it and never look back. Now we have a $9.5 trillion debt. Why on earth would we even think of giving these robber barons any more of our money?

I would like to propose my own bailout plan. My suggestions, listed below, are predicated on the singular and simple belief that the rich must pull themselves up by their own platinum bootstraps. Sorry, fellows, but you drilled it into our heads one too many times: There… is… no… free… lunch. And thank you for encouraging us to hate people on welfare! So, there will be no handouts from us to you. The Senate, tonight, is going to try to rush their version of a “bailout” bill to a vote. They must be stopped. We did it on Monday with the House, and we can do it again today with the Senate.

It is clear, though, that we cannot simply keep protesting without proposing exactly what it is we think Congress should do. So, after consulting with a number of people smarter than Phil Gramm, here is my proposal, now known as “Mike’s Rescue Plan.” It has 10 simple, straightforward points. They are:

1. APPOINT A SPECIAL PROSECUTOR TO CRIMINALLY INDICT ANYONE ON WALL STREET WHO KNOWINGLY CONTRIBUTED TO THIS COLLAPSE. Before any new money is expended, Congress must commit, by resolution, to criminally prosecute anyone who had anything to do with the attempted sacking of our economy. This means that anyone who committed insider trading, securities fraud or any action that helped bring about this collapse must go to jail. This Congress must call for a Special Prosecutor who will vigorously go after everyone who created the mess, and anyone else who attempts to scam the public in the future.

2. THE RICH MUST PAY FOR THEIR OWN BAILOUT. They may have to live in 5 houses instead of 7. They may have to drive 9 cars instead of 13. The chef for their mini-terriers may have to be reassigned. But there is no way in hell, after forcing family incomes to go down more than $2,000 dollars during the Bush years, that working people and the middle class are going to fork over one dime to underwrite the next yacht purchase.

If they truly need the $700 billion they say they need, well, here is an easy way they can raise it:

a) Every couple who makes over a million dollars a year and every single taxpayer who makes over $500,000 a year will pay a 10% surcharge tax for five years. (It’s the Senator Sanders plan. He’s like Colonel Sanders, only he’s out to fry the right chickens.) That means the rich will still be paying less income tax than when Carter was president. This will raise a total of $300 billion.

b) Like nearly every other democracy, charge a 0.25% tax on every stock transaction. This will raise more than $200 billion in a year.

c) Because every stockholder is a patriotic American, stockholders will forgo receiving a dividend check for one quarter and instead this money will go the treasury to help pay for the bailout.

d) 25% of major U.S. corporations currently pay NO federal income tax. Federal corporate tax revenues currently amount to 1.7% of the GDP compared to 5% in the 1950s. If we raise the corporate income tax back to the level of the 1950s, that gives us an extra $500 billion.

All of this combined should be enough to end the calamity. The rich will get to keep their mansions and their servants, and our United States government (“COUNTRY FIRST!”) will have a little leftover to repair some roads, bridges and schools.

3. BAIL OUT THE PEOPLE LOSING THEIR HOMES, NOT THE PEOPLE WHO WILL BUILD AN EIGHTH HOME. There are 1.3 million homes in foreclosure right now. That is what is at the heart of this problem. So instead of giving the money to the banks as a gift, pay down each of these mortgages by $100,000. Force the banks to renegotiate the mortgage so the homeowner can pay on its current value. To insure that this help does no go to speculators and those who have tried to make money by flipping houses, this bailout is only for people’s primary residence. And in return for the $100K paydown on the existing mortgage, the government gets to share in the holding of the mortgage so that it can get some of its money back. Thus, the total initial cost of fixing the mortgage crisis at its roots (instead of with the greedy lenders) is $150 billion, not $700 billion.

And let’s set the record straight. People who have defaulted on their mortgages are not “bad risks.” They are our fellow Americans, and all they wanted was what we all want and most of us still get: a home to call their own. But during the Bush years, millions of them lost the decent paying jobs they had. Six million fell into poverty. Seven million lost their health insurance. And every one of them saw their real wages go down by $2,000. Those who dare to look down on these Americans who got hit with one bad break after another should be ashamed. We are a better, stronger, safer and happier society when all of our citizens can afford to live in a home that they own.

4. IF YOUR BANK OR COMPANY GETS ANY OF OUR MONEY IN A “BAILOUT,” THEN WE OWN YOU. Sorry, that’s how it’s done. If the bank gives me money so I can buy a house, the bank “owns” that house until I pay it all back — with interest. Same deal for Wall Street. Whatever money you need to stay afloat, if our government considers you a safe risk — and necessary for the good of the country — then you can get a loan, but we will own you. If you default, we will sell you. This is how the Swedish government did it and it worked.

5. ALL REGULATIONS MUST BE RESTORED. THE REAGAN REVOLUTION IS DEAD. This catastrophe happened because we let the fox have the keys to the henhouse. In 1999, Phil Gramm authored a bill to remove all the regulations that governed Wall Street and our banking system. The bill passed and Clinton signed it. Here’s what Sen. Phil Gramm, McCain’s chief economic advisor, said at the bill signing:

“In the 1930s … it was believed that government was the answer. It was believed that stability and growth came from government overriding the functioning of free markets.

“We are here today to repeal [that] because we have learned that government is not the answer. We have learned that freedom and competition are the answers. We have learned that we promote economic growth and we promote stability by having competition and freedom.

“I am proud to be here because this is an important bill; it is a deregulatory bill. I believe that that is the wave of the future, and I am awfully proud to have been a part of making it a reality.”

This bill must be repealed. Bill Clinton can help by leading the effort for the repeal of the Gramm bill and the reinstating of even tougher regulations regarding our financial institutions. And when they’re done with that, they can restore the regulations for the airlines, the inspection of our food, the oil industry, OSHA, and every other entity that affects our daily lives. All oversight provisions for any “bailout” must have enforcement monies attached to them and criminal penalties for all offenders.

6. IF IT’S TOO BIG TO FAIL, THEN THAT MEANS IT’S TOO BIG TO EXIST. Allowing the creation of these mega-mergers and not enforcing the monopoly and anti-trust laws has allowed a number of financial institutions and corporations to become so large, the very thought of their collapse means an even bigger collapse across the entire economy. No one or two companies should have this kind of power. The so-called “economic Pearl Harbor” can’t happen when you have hundreds — thousands — of institutions where people have their money. When you have a dozen auto companies, if one goes belly-up, we don’t face a national disaster. If you have three separately-owned daily newspapers in your town, then one media company can’t call all the shots (I know… What am I thinking?! Who reads a paper anymore? Sure glad all those mergers and buyouts left us with a strong and free press!). Laws must be enacted to prevent companies from being so large and dominant that with one slingshot to the eye, the giant falls and dies. And no institution should be allowed to set up money schemes that no one can understand. If you can’t explain it in two sentences, you shouldn’t be taking anyone’s money.

7. NO EXECUTIVE SHOULD BE PAID MORE THAN 40 TIMES THEIR AVERAGE EMPLOYEE, AND NO EXECUTIVE SHOULD RECEIVE ANY KIND OF “PARACHUTE” OTHER THAN THE VERY GENEROUS SALARY HE OR SHE MADE WHILE WORKING FOR THE COMPANY. In 1980, the average American CEO made 45 times what their employees made. By 2003, they were making 254 times what their workers made. After 8 years of Bush, they now make over 400 times what their average employee makes. How this can happen at publicly held companies is beyond reason. In Britain, the average CEO makes 28 times what their average employee makes. In Japan, it’s only 17 times! The last I heard, the CEO of Toyota was living the high life in Tokyo. How does he do it on so little money? Seriously, this is an outrage. We have created the mess we’re in by letting the people at the top become bloated beyond belief with millions of dollars. This has to stop. Not only should no executive who receives help out of this mess profit from it, but any executive who was in charge of running his company into the ground should be fired before the company receives any help.

8. STRENGTHEN THE FDIC AND MAKE IT A MODEL FOR PROTECTING NOT ONLY PEOPLE’S SAVINGS, BUT ALSO THEIR PENSIONS AND THEIR HOMES. Obama was correct yesterday to propose expanding FDIC protection of people’s savings in their banks to $250,000. But this same sort of government insurance must be given to our nation’s pension funds. People should never have to worry about whether or not the money they’ve put away for their old age will be there. This will mean strict government oversight of companies who manage their employees’ funds — or perhaps it means that the companies will have to turn over those funds and their management to the government. People’s private retirement funds must also be protected, but perhaps it’s time to consider not having one’s retirement invested in the casino known as the stock market. Our government should have a solemn duty to guarantee that no one who grows old in this country has to worry about ending up destitute.

9. EVERYBODY NEEDS TO TAKE A DEEP BREATH, CALM DOWN, AND NOT LET FEAR RULE THE DAY. Turn off the TV! We are not in the Second Great Depression. The sky is not falling. Pundits and politicians are lying to us so fast and furious it’s hard not to be affected by all the fear mongering. Even I, yesterday, wrote to you and repeated what I heard on the news, that the Dow had the biggest one day drop in its history. Well, that’s true in terms of points, but its 7% drop came nowhere close to Black Monday in 1987 when the stock market in one day lost 23% of its value. In the ’80s, 3,000 banks closed, but America didn’t go out of business. These institutions have always had their ups and downs and eventually it works out. It has to, because the rich do not like their wealth being disrupted! They have a vested interest in calming things down and getting back into the Jacuzzi.

As crazy as things are right now, tens of thousands of people got a car loan this week. Thousands went to the bank and got a mortgage to buy a home. Students just back to college found banks more than happy to put them into hock for the next 15 years with a student loan. Life has gone on. Not a single person has lost any of their money if it’s in a bank or a treasury note or a CD. And the most amazing thing is that the American public hasn’t bought the scare campaign. The citizens didn’t blink, and instead told Congress to take that bailout and shove it. THAT was impressive. Why didn’t the population succumb to the fright-filled warnings from their president and his cronies? Well, you can only say ‘Saddam has da bomb’ so many times before the people realize you’re a lying sack of shite. After eight long years, the nation is worn out and simply can’t take it any longer.

10. CREATE A NATIONAL BANK, A “PEOPLE’S BANK.” If we really are itching to print up a trillion dollars, instead of giving it to a few rich people, why don’t we give it to ourselves? Now that we own Freddie and Fannie, why not set up a people’s bank? One that can provide low-interest loans for all sorts of people who want to own a home, start a small business, go to school, come up with the cure for cancer or create the next great invention. And now that we own AIG, the country’s largest insurance company, let’s take the next step and provide health insurance for everyone. Medicare for all. It will save us so much money in the long run. And we won’t be 12th on the life expectancy list. We’ll be able to have a longer life, enjoying our government-protected pension, and living to see the day when the corporate criminals who caused so much misery are let out of prison so that we can help reaclimate them to civilian life — a life with one nice home and a gas-free car that was invented with help from the People’s Bank.

Yours,
Michael Moore

P.S. Call your Senators now. Here’s a backup link in case we crash that site again. They are going to attempt their own version of the Looting of America tonight. And let your reps know if you agree with my 10-point plan.

Do we commit genocide for Blood Sport or as a Wildlife Management Tool?

COLORADO COLLEGE- I didn’t get to see yesterday’s CC lecture, HUNTING: BLOOD SPORT OR WILDLIFE MANAGEMENT TOOL?
I was keenly interested to hear the moral arguments behind playing god over the animal kingdom. It’s easy to justify regulating wild populations no longer held in equilibrium by natural factors. Would it be unlikely not to feel called to play gamekeeper to Earth’s human scourge as well?

State of the Rockies Project 2008-2009 Wild Rockies Speaker Series brings Kent Ingram, former president and current board member of the Colorado Wildlife Federation, and Dave Crawford, former executive director of the Rocky Mountain Animal Defense, to discuss their positions on the role of hunting as a means of wildlife management.

Is it for fun, for the preservation of life on Earth, or both?

Welcome to the Democratic Party Police State! Now, surrender your rights.

Welcome to the Democratic Party Police State, where freedom of the press a thing of the past. ABC News reporter arrested at Denver convention, for the crime of filming Democratic big wigs talking to big money donors on public property. They have it all on tape, and broadcasted it on the national evening news.

It’s about ‘effin time!

Karma’s a bitch, and she is pissed! Hurricane Gustav in line to hit New Orleans on Monday, just as the GOP convention starts. LA governor has already declared a state of emergency, and NOLO mayor warns that there are still thousands of FEMA trailers that will become little more than missiles if it hits. I don’t want to wish anything bad, but this could put an end to the GOP, once and for all.

On Sept. 15, 2003, one of Homeland Security Secretary Tom Ridge’s deputies lobbed a bureaucratic hand grenade across his desk. In a seven-page memo, the new department’s undersecretary for emergency preparedness and response told Ridge that his organizational plan would cripple America’s ability to respond to disasters. The memo, like so many that flew around Washington during the largest government reshuffling in decades, involved turf: Ridge had decided to move some of the Federal Emergency Management Agency’s preparedness functions to an office less than one-fifteenth its size.

This is the guy John McCain is considering for VP, as another category 3 hurricane is predicted to hit New Orleans, on the opening day of the GOP convention! [video]

Freedom is slavery. Halliburton charged with human trafficing.

Sickeness is health. McCain advisor says the answer to the problem of millions of uninsured Americans, is to just quit calling them that. “It won’t cost a penny.”

Oceania has always been at war with EastAsia. (Brought to you by the Ministry of Truth.)

Cops tricked protesters into pleading guilty to charges before being allowed to make phone calls, denied Constitutional rights. You have no rights under our “two party” system.

Freedom means drinking what the Party tells you to drink! Will CocaCola be
banned in an Obama administration
?

This is beginning to make Nazi Germany look like Freedom Paradise.

Will Cheney have a 747 crash into Invesco Field during Obama’s acceptance speech? I’m just asking.

Excerpts from Thomas McCullock’s notes Aug 28, thomasmc.com.

Police Liaison is double-edged handcuff

Large demonstrations such as planned at the DNC invite a basic need for crowd management. From any standpoint there is an inherent requirement to involve officer friendly. Pardon my sophomoric wonder about how this can be done with sufficient prudence.

The term Police Liaison is self-explanatory. In the context of an organized public demonstration, police liaisons channel communication between organizers and law enforcement commanders. If crowd behavior diverts from what was permitted, liaisons are the last chance for diplomacy before an escalation of violence.

This can serve both sides. A crowd could be steered away from trouble, in particular if someone has been tasked with the responsibility for their actions. As well, police over-reaction can be countermanded if police leaders are alerted to their subordinates’ misbehavior.

In a perfect scenario, liaisons facilitate a smooth, legal public action. But what if events develop imperfectly? i wonder what vulnerabilities are created by having named liaisons.

At minimum, liaisons have been personally introduced to police and vice versa. They are given the police commander’s telephone number, and likewise the police are able to contact the liaisons. But in what further ways does having the liaison telephone numbers benefit the police?

It’s not hard to imagine that a police department could justify getting permission to conduct surveillance on those contact numbers. The liaisons are self-avowed protest organizers, aiming only to conduct fully legal activities, activities which they’ll fully admit however are often out of their control. They should have no objections to serving as extra eyes for law enforcement, whose expressed interest is providing a safe secure environment for all. A FISA court would be hard pressed to oppose such preventive oversight. The liaisons have as much as volunteered. Surveillance could consist of monitoring phone calls, passive bugging of all activities within earshot of the discretely activated phone units, or of course, GPS tracking of liaison movements. Why not? It’s for the security of all concerned.

Alternately, and let’s presume the police department would only do this if crowd actions were heading south, the police could elect to round up the liaisons in a preemptory arrest, to severe what they perceive to be the leadership from the crowd of followers. Such a preemptive move could also be decided merely from early plan-making overheard from the eavesdropping.

It could be presumed that law enforcement is already monitoring the phones of activists whom they consider to be persons of interest. But those activists who volunteer to be police liaisons in effect offer up their responsibility for their compatriots’ actions. They represent themselves as authority sufficient to try to steer protests from trouble. Liaisons as much as formalize their participation in the outcomes that eventually develop.

Should some terrible illegal act be committed, be it real or a frame-up, have the liaisons bound themselves to subsequent conspiracy charges that an investigation would trace in order to declare guilty parties? Imagine if such acts were terrible enough to warrant calling the organizing body a terrorist entity. Would the formalized police liaisons be considered its de facto signatories? Whoever would imagine that peaceful protesters exercising their right to assemble to petition their government for redress of their grievances should fall under the scrutiny of the Department of Homeland Security?