Tag Archives: TB

Here’s Your Sign.

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A study now indicates that people who’ve tested positive for COVID can have reduced cognative abilities as compared to an average population sample. Thus is consistent with the concern that some who are hopitalized for Covid-19 will emerge with permanent brain damage, among the myriad of other heartbreaking secondary outcomes. HOWEVER, without having tested the same group before infection, it is difficult to deny the probability that the virus is selecting for stupid. Not in the hospital emergency rooms I imagine, but maybe where it chooses between masked and unmasked…

FBI undercover rats on sovereign pals, says they planned to seize small county jails, except he was their lone soldier.

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DENVER, COLORADO- Very interesting testimony Friday at the trial of sovereigns Stephen Nalty and Steve Byfield. The prosecution’s latest witness was FBI INFORMER Marshall Ringer. Not a sovereign citizen type turned by government agents, Ringer is a disgraced police officer hired by the FBI and inserted into the so-called “enterprise” to report its activities and propose courses of action conducive to arrests. Ringer calls himself a “self-employed security expert.” His handler FBI Special Agent Ryan English calls him an “embedded confidencial human source”. His targets gave him the title “Continental U.S. Marshall”. They hoped he would recruit like-minded sovereigns to the cause of correcting what they saw as a corrupt judicial system. Ringer’s FBI codename was “Earp”.

The accusations corruption hinged on the understanding that according to Article VI of the US Constitution, positions of public authority must take an oath secured by a bond. The “enterprise” had discovered that many Colorado judges and prosecutors and sheriffs and other elected officials didn’t have oaths or bonds on file. If this expectation was indeed a misconception, and Article VI is inapplicable, you’d think the remedy might be to tell the would-be reformers, “no, that is not a requirement, here’s why, etc.” Strangely that was never done. Neither to their person, in a handout, or to reporters looking into this sad case. An undercover would present an excellent opportunity to huddle with the enterprise and say “hey guys, I was looking into this oath stuff and discovered that according to such and such law, or ruling or whatnot, oaths and bonds are no longer mandatory, end of story!”

But “Earp” didn’t. Nobody did. Nobody has yet to spell it out, even in this courtroom. When the defendants have tried to put Article VI into the trial record, they’ve been refused. So the issue is certainly a curious one.

Instead of using an undercover to diffuse the oath-seekers by presenting the incontrovertible truth of their error, the FBI and the state prosecutors instead gathered evidence to ridicule their character. We’re told they met in trailerhomes, they struggled to cobble enough money together to give their marshall a pair of handcuffs. They dreamed of putting together a network of De Jure judges to replace the corrupt ones currently alas De Facto.

Tapes
You might think the taped conversations of the sovereigns would be damning. The defendants certainly seem to be embarassed by them, but they’re less incriminating than disarming. When “Earp” asked what was he to do with the officials he arrested, he was told, nothing, for now. Do not take any action on your own. Wait for instructions from the People’s Grand Jury. Every time “Earp” goaded his colleagues about what he could do, they’d tell him to wait until matters could be addressed democratically and judicially.

The most interesting information to come from the undercover testimony was about how the FBI wires up its informants. Colorado law requires that at least on person in a conversation consents to being recorded. As a result, every recording presented to the court begins with the person wearing the wire dictating this preamble: “This is confidential human source X, on such and such date, etc” before that informant gets out of his car or enters a meeting area.

This offers potential targets a remedy for how to avoid intrusive surveillance by authoritarian law enforcement agencies IN COLORADO. Before every meeting, have everyone say out loud: “I do not consent to being recorded.” In unison is fine. Then a leader can then ask: “Was that everyone?” To which everyone can answer in unison: “Yes.” Provided that everyone said it, that meeting cannot be recorded. Such a method not only invalidates a recording being used as evidence later, it makes the recording a crime and the agency undertaking it and in possession of it, cupabe. If an undercover continues with the recording, he’s committing a crime.

In the case of te sovereigns, and likely your scenario as well, the government’s criminal act will far exceed in severity what they thought they were recording you doing.

We’ve yet to learn how, but apparently this undercover was discovered by the defendants early in 2017. They outed him by accusing him of making recordings and giving them to the FBI. That’s when he extracted himself and the indictments and arrests happened immediately thereafter.

The Enterprise
However you may feel about these perhaps misguided judicial reformers, their adversaries are behaving every bit the corrupt villains they pretend not to be.

The accused called themselves the People’s Grand Jury, the Indestructible People’s Trust, The Colorado Supreme Court, the Continental US Marshalls, the De Jure whatnot, or simply We The People. There seems to be no end to the permutations but they never called themselves “The Enterprise”. Yet that is what their accusers call them. In fact, for the duration of the prosecution’s case, a posterboard has been left in the center of the courtroom, beneath the judge’s dias, from which the jury cannot look away, it’s titled The Enterprise, with photos of ten member now-defendants, like employees of the month, except with mugshots, ranked in order of their title or prominence. Another ten members didn’t warrant photos or arrest, yet are listed as culpable parties, guilty by association and without the chance to . You wonder if that is legal. It certainly is prejudicial. Never mind if the witness testimonies don’t add up, there is The Enterprise, like it’s a thing instead of a characterization fashioned by frame-up artists.

MONDAY UPDATE:
On Monday defendants were given one day’s recess to review the evidence for their defense, which being incarcerated has impeded. So FBI informer Marshall Springs will resume his testimony tomorrow. But the courtroom also heard that the prosecution plans to bring TWO MORE UNDERCOVERS to testify, plus two cooperative witnesses, one of whom is a co-defendant who’s taken a plea to turn STATE’S EVIDENCE.

So that makes THREE undercover officers infiltrating “the enterprise” of not much more than a dozen conspirators, two of whom have become so intimidated they’ve changed their minds about what they were trying to achieve.

The next few days should prove enlightening and heartbreaking because although prosecutors have been documenting what the defendants did, they haven’t demonstrated the acts were crimes,. As much as defendants conspired, organized and racketeered, they didn’t aim to make one cent profit, illicit or otherwise. To what offenses did the cooperative witnesses plead guilty and what accusations do they make toward their friends?

So Nalty and Byfield have the rest of the day to study the evidence against them. The jail has not provided the paper and pencils ordered by the judge. The jail hasn’t afforded the defendants access to the case evidence either. Nalty indicated today that he’d spent a sum total of 45 minutes with the electronic files. He asked for a break of four days to prepare for the rest of the trial.

Both are in Denver jail, though their legal papers were not transferred with them when the defendants are on loan from Adams and Arapahoe Counties respectively. All the defendants being charged with conspiracy are being detained in different jails to prevent them talking to each other. But the problem is they don’t have their case papers or filings, and are in Denver’s customary 22 hour lockdown in their cells, which inhibits using the jail computers which are confined to the jail law library.

Prosecutor Shapiro responded to the defendant’s complaints of the jail not providing paper and pencils by cavalierly handing them writing pads, which they grasped with handcuffed hands, with polite thankyous. Though Shapiro no doubt know they won’t be allowed to take these into the jail. Then he condescendingly bragged that he’d resolved that complaint by providing “brand new” pads to each defendant. Defendant Byfield’s pad had a couple sheets missing, so he immediately pointed out that his pad wasn’t new. I couldn’t help but burst out with a laugh.

The judge thought there was merit to Nalty’s complaint Both defendants have scant access to the jail computers necessary to see the evidence. By the prosecutor’s own admission, the “tens of thousands of pages” would have been prohibitive to provide on paper, and the “hours and hours of taped testimony” likewise can only be provided electronically.

Prosecutor Shapiro acquiesced to allowing the defendants one day to catch up, though it sounds like he is well aware that analyzing tens of thousands of pages and hours and hours of evidence would take longer than that. Shapiro told the judge he calculated the state had wiggle room to allow a one day delay and still finish with the case by Friday. Here’s what he calculated: The state figures to rest its case by Thursday afternoon. That should leave a day and a half, less closing arguments and jury instructions and jury deliberations, to finish the trial on Friday. The prosecutors’s case will have taken six and a half days, but Shapiro thought the extra day needed to look over the evidence could come out of the defense’s day planned for defense.

To help the defendants prepare, Shapiro volunteered a preview of the witnesses to expect to testify to close out their case. Coming up we have four Gilpin County administrators, but we have also two more government undercovers, and the two cooperating witnesses. One of them co-defendant Bryan Baylog.

Denver magistrate separates mother from breastfeeding infant. Jail refuses pump, as they do common decency.

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DENVER, COLORADO- A heartbreaking scene unfolded yesterday when Denver Magistrate Kate Boland decided to impose a $10,000 bond on a domestic violence detainee, against the recommendations of the husband (victim), the public defender, and even the city prosecutor, who all wanted the 35-yr-old mother of five released on personal recognizance. Most critical, no consideration was paid to the family’s month-old infant who is breastfeeding. Neither by Boland, nor the downtown detention center, known for its systemic disrespect for the rights and needs of its inmates.

You might not care how poorly criminals or their children are treated, but the inmates of jails are suspects, not convicts. They are unconvicted detainees held on some officer’s probable cause. They’re suspected of a crime, but have a right to a fair trial (under the 6th Amendment) and a right not to be punished before conviction (under the 14th). Depending on who calls 911, they could be YOU.

For those reasons (and the Golden Rule and the social contract), jails have to show a semblance of concern for the still innocent lives disrupted in their care. Denver’s Van Cise-Simonet Detention Center has a famously outlandish record in that regard. Marvin Booker and Michael Marshall are two well known extremes to which Denver sheriffs deputies have disrespected inmates’ lives. A rare survivor, Jamal Hunter, was awarded $3.25 million for beatings he received there. Unfortunately his settlement was contingent on burying the evidence of broader misconduct, thanks Jamal.

Those cases have generated reviews and reforms, but abuses persist. Isn’t it amazing that after repeated court-ordered overhauls, the public could still be told “the detention cenver has no protocols for breastfeeding mothers.”

Magistrate Boland made no allowance for the accused mother to maintain her feedings. After the morning hearing, friends learned the jail didn’t care to accomodate the mother either. That afternoon Baby Thomas became ill and began vomiting, so the father brought the baby to the visitor’s lobby hoping emergency visits could be arranged. The jail said no, though after some persuading, a sergeant agreed to convey a breastpump to the mother if one was supplied. A device was purchased and submitted, but the jail recinded their offer. This time a charge nurse named “Monica” explained she was under no obligation to comply, that she’d called her boss at Denver General who confirmed it. Without a court order, she said, the jail had no further responsibility.

By now activists with Denver Court Support were agitating online about the plight of Baby Thomas. The jail was innundated with telephone calls. The sheriffs cleared the public lobby, cancelled visitations, and put the facility in lockdown in anticipation of a rally.

Nevermind feeding Baby Thomas, release his mother immediately. Activists had raised the monies needed to hire a bondsman to post the bond. The jail was urged to expedite the mother’s release once bond was posted.

Shouldn’t inmates be release when they’ve paid to have their freedom? This is where the Van Cise-Simonet’s disrespect is arbitrary, punitive, and universal. Time to process inmates, either intake or release, takes forever, or just feels like it. Denver’s Van Cise-Simonet Detention Center likes to take a MINIMUM of 11 HOURS for these proceedures.

The pretext for the first delay is “for fingerprints to clear”. Enough time for INTERPOL in Timbuktu to review your prints and give the all clear, because they can’t be expected to be standing at the fax machine at all hours of the day, the jailers explain.

That step is required before a bond can be posted. Once a bond is paid, an inmate’s release requires a second computer delay. Also commonly at least eleven hours. The jailers attribute that wait to “that’s how long the system takes.”

On occasion we’ve seen public pressure result in a shortening of the release time. The upshot is the the release time appears to be at the jail’s whim. In the case of our breastfeeding mother the jail wouldn’t budge.

Worse for Baby Thomas’ mother, someone new to the bonding desk re-initiated the print clearing process instead of terminating it. She had to wait another interminable cycle.

The mother was taken into custody on Monday, her prints cleared by Tuesday morning. After the hearing in Room 2300, where the $10,000 bond was set, the bondsman tried to pay but learned he had to wait. The aforementioned administrative error meant it wouldn’t be before WEDNESDAY morning when her bond could be posted. Everyone is awaiting her release STILL.

As it stands, the mother is supposed to be fitted with an ankle bracelet by 8pm today. That will make it more than 48 hours that she’ll have been in custody. Mothers under stress withheld from feeding infants can stop lactating in less than that time.

The specifics of this domestic violence case are few. A neighbor called the police because the mother was seen holding a knife. The police chose to charge the mother and take her into custody. Who knows what the whole story is. The Denver Court Support activists didn’t get involved to solve the couple’s problems. Because that’s beside the point.

A child shouldn’t have to be harmed while authorities sort this out. An infant deprived of breastmilk suffers a calculable detriment which this magistrate and this jail could minimize, if they cared.

It’s hard to imagine anyone cares at Van Cise-Simonet. The jail is notorious for inedible food and poor health standards. The 23-hour lockdown is standard in all pods. Right now we hear that inmates are sleeping three to four in a cell which has only bunks for two. The one or two extra sleep on the concrete floor. This of course in addition to the litigated sadism of the Denver jailers.

Last night, outside the door of the jail, the Denver sheriffs deputies eventually re-admitted visitors into the lobby at 8pm, but kept the activists outside. Then deputies lined up and started warning the father’s friends to “calm down”. That warning and the posture of the deputies was recognizable to activists –and to many African Americans– as the precursor to the use of tasers. The only option was to leave.

UPDATE: The mother wasn’t able to rejoin her children until 10PM Wednesday. The baby is okay, although no doubt impacted by the interrupted feedings. At a public meeting the next evening to address law enforcement accountability to the community, activists told officials about what happened. They were told by the Denver Sheriff Patrick Firman that the jail DOES HAVE A POLICY to handle breastfeeding and that he was very sorry his employees didn’t know to tell the complainant.

Police body cameras reveal Colorado Springs law enforcement used arrests to infiltrate a student socialist group.

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COLORADO SPRINGS, COLORADO- Police body worn camera footage accidentally discovered to defendants in the March 26, 2017, protest cases, has revealed a mysterious side story at the Colorado Springs Socialists’ “March Against Imperialism”. At that march, six participants were cited for marching in the street. Meanwhile, a curious seventh was detained, driven off, but not cited. CSPD Officer Krueger’s body-cam recorded what happened and more.

What happened at the March 26 rally, beside the police dispersing a fully legal assembly? This video documents that the CSPD tried to give deeper cover to a team of El Paso County Sheriff’s plainclothes operatives, by giving one of them the credibility of an arrest. In truth, it worked for three weeks and several socialist actions, until the undercover team spooked everyone with their excessively sketchy zeal. As the March 26 evidence was released to defendants, the contradictory police reports began to accrue. Then a file labeled KRUEGER BODY-CAM emerged.

1. Krueger-cam
The first thing you see is the twenty or so protesters, clad in black, waving red flags, rallying on the steps of Colorado Springs City Hall. Speakers are railing against capitalism and imperialism. CSPD Officer Krueger comes upon this scene, among the reinforcements called, because fourteen of the protesters, mostly masked, were observed to have marched on the street.

(Marchers had followed Nevada to Bijou to Tejon to Colorado back to Nevada, trailed by the cruisers of CSPD Officers Mark Keller and Roberto Williamson. Returning to City Hall, participants were told by CSPD Sergeant Clayton Blackwell that they could protest on the sidewalk but would be ticketed if they stepped back into the street.)

As the rally goes on, the officers hear that orders have changed and everyone is going to be ticketed. On camera, Officer Keller relates a possible motive: “LT wants everyone identified.”

(Most of the protesters are masked. Arrests will give police the pretext to register everyone’s identity, whether the person walked in the street or not. By “LT”, Keller may be refering to Lieutenant Webber, who dispatched officers to the scene, or Lieutenant Mark Comte, in charge of CSPD intelligence.)

As officers discuss whether to rush the group or detain two or three protesters at a time, CSPD Sergeant Blackwell discloses to his men: “There’s two UCs in there, and they’ll just take a ticket like everybody else.” Blackwell adds, jokingly: “So hopefully we don’t have to start spraying ‘cause I don’t know which ones they are.”

Officer Keller tells Krueger and Canaan he thinks one of the protesters is concealing a knife. He fingers a masked protester wearing a Carhartt jacket.

CSPD Officer Dustin Canaan knew nothing about the undercover scheme.Though Krueger and his partner, CSPD Officer Dustin Canaan, were informed about undercovers, they don’t know that they are being tasked with arresting one.

Officers Krueger and Canaan are formally instructed that when the move is made to issue citations to the protesters, they are to apprehend “Carhartt”.

In fact, the first planned arrestee of March 26 is “Carhartt”. Aka the sheriff’s undercover.

Officers encircle the rally as Sergeants Ingram and Blackwell tell the socialists that “Everyone is getting a ticket!”

When the officers confront “Carhartt” he loudly abuses them with expletives proclaiming his innocence. He does this to incite fellow protesters to resist the police effort to detain him. Everybody else however is either walking swiftly away or calmly accepting their citations for Pedestrian-in-the-Roadway and Failure-to-Disperse.

City police unknowingly encircle sheriffs undercovers

Officers Krueger and Canaan ask “Carhartt” whether he has a weapon. The suspect responds with a strange command, voiced between clenched teeth: “Pat me down at the car.”

CSPD Office Krueger escorts detainee Mark JacksonThey don’t hear his response and so repeat their question. “Carhartt” sticks to his odd refrain: “Pat me down at the car!”

Krueger and Canaan walk “Carhartt” to their cruiser where he admits he has a weapon, a “M&P Shield 9mm”. He alerts the officers that his gun is tucked into his front waistline, with the safety off. In his pocket the officers find an additional magazine clip.

(Let us reflect for a moment, that only Officer Keller knew about this undercover. Imagine if events had escalated and any of the other dozens of police officers had caught a glimpse of the undercover’s gun. What kind of trigger-happy confrontation could have resulted with the socialist marchers caught in the middle? We might also wonder what Carhartt intended to do with two magazines full of bullets.)

Officer Canaan unloads the 9mm, removes the bullet from the chamber, and places everything on the front seat.

Sheriffs undercover Mark Jackson concealed a loaded 9mm

The officers ask “Carhartt” whether he wants to be cited and released on the spot, or taken to be booked at the station? The detainee responds he wants to go wherever the other arrestees are being processed.

Asked whether he has a concealed carry permit “Carhartt” replies no.

It occurs to the officers that they can’t catch and release someone, however cooperative, if they’ve apprehended you carrying a concealed weapon without a permit.

Officer Krueger leaves to consult his supervisor Sergeant Blackwell about this arrestee who is carrying a gun without a permit.

Blackwell asks Krueger: “Is he one of our UCs?” He explains again: “We have two UCs. Do you recognize him?”

Krueger says no.

Blackwell comes to the cruiser to see for himself.

Sergeant Clayton Blackwell and Officer Dustin Canaan look at their unfamiliar detainee.

Blackwell doesn’t recognize the detainee either.

As Sergeant Blackwell walks away from the cruiser, he tells Krueger the suspect is not one of their UCs, then he ponders: “…unless he’s with the sheriff’s office?”

The suspect gives his name as Mark Jackson, d.o.b. 7/20/75, last digits of SS# 1033, phone number (281) 606-0532. All of which is probably phony.

Undercover Amy Walter speaks with an Eastern European accent.His partner “Amy Walter” has been sitting nearby on the curb. She didn’t flee like the other participants, but oddly, was neither cited nor unmasked like all those who remained.

(“Amy Walter” kept her cover for months after the arrests. She claimed to drive up from Pueblo and only appeared fully bloc’d up. She’s gregarious and eager, and speaks with an Eastern European accent.)

Jackson remains detained in the back seat. After a few minutes CSPD Officer Mark Keller comes to the window to look at the suspect. He walks off camera, probably to tell Sergeant Blackwell that he can confirm the detainee is indeed an undercover.

Blackwell returns shortly to the cruiser to tell Krueger “We’re good.” Lowering his voice, he adds: “He’s UC.”

After some thought, Krueger turns to Jackson and asks in a whisper: ”Are you with the Sheriffs?” The undercover answers in the affirmative.

Krueger turns off his body-cam.

2. Canaan-cam
The body-cam worn by Krueger’s partner, Officer Canaan, has all the while recorded the same sequence of events, but he wasn’t paying attention to the whispers, so his camera continues to record.

Officer Keller walks back to the cruiser, this time to tease the undercover. Keller leans in and jokes about the arrest he arranged by pretending to suspect that Jackson had a knife.

Keller begins: “You really should hang out with a better crowd.”

Mocks Jackson: “I know. ‘Fuck the Police’. Ha ha.”

Keller goes on: “Hey, youse in the street, I figured you should get a ticket like everybody else.”

The undercover then says: “That’s why I yelled ‘COME FUCKING ARREST ME!’”

The two then discuss whether the undercover’s female partner should also be ticketed. Jackson theorizes that one ticket is enough.

Meanwhile an unspoken decision is made not to carry through with Jackson’s citation. This disturbs the undercover. He asks “How will it look when I don’t get a ticket?”


As Officer Mark Keller leaves the conversation at the cruiser, he looks directly at Canaan’s body-cam.

Undercover Jackson then notices that Officer Canaan did not grasp the development. He tells Krueger “You better tell your partner what’s going on.” Canaan turns off the audio on his body-cam.

ANALYSIS
To recap. Sergeant Blackwell revealed that the city had two UCs planted in the Socialist march. Officer Keller knew of the undercover Sheriff’s deputies “Jackson” and “Walter”. An effort was orchestrated to give a citation to “Jackson” but that plan was aborted. Wouldn’t it be interesting to know why?

Jackson’s detainment did not generate officer reports from either Krueger or Canaan, but the alias “Mark Jackson” was listed in three places. 1) on the March 26 police blotter, 2) in the radio log as “Mark Jackson in custody”, and 3) mentioned in passing in the report filed by Officer Roberto Williamson.

For three weeks “Mark Jackson” continued to infiltrate the socialist group, participating in several counterprotests, until everyone gave him the cold shoulder. His partner “Amy Walter” continues to contact group members.

The infiltration operation is extraordinary when you consider that the “Colorado Springs Socialists” essentially comprises the UCCS Socialist Discussion Group, a year-old student club chartered at the school. Though the students sometimes conceal themselves bandanas and hoodies when they attend social justice protests, they’ve committed zero acts of rioting, violence, or property destruction.

Once the video files had been released to the March 26 defendants, city prosecutors fought tooth and nail to quash the defendants’ subpoenas to the officers involved. The judge refused to review the body-cam footage, explaining that the El Paso Sheriffs Office had the discretion to refuse to provide further information.

Defendants insisted the prosecution was obligated to produce all the witnesses it knew to be on the scene of the alleged offenses, whether the witnesses were uniformed police or undercover. But the court won’t concede that the undercover operation merits looking into. The city stresses the importance of detectives being able to remain undercover to monitor ongoing crimes, in this case, jaywalking. The defendants are charged with obstruction and failure to disperse. If those are the crimes worth embedding undercovers, then the officers ought to be summoned to the trial to testify and secure convictions.

The defendants risked just that by insisting that the undercovers come forward as witnesses, but that risk was worth what the defendants were really after. What were those undercovers doing at the rally and at the march? Were they leading marchers into the street? Were undercovers taunting the cops as a demonstration that the protesters heard police orders to get off the street. Most marchers did not hear any orders, nor see police do much other than block traffic for their procession, contrary to the tone set by undercover Mark Jackson’s “COME FUCKING ARREST ME”. To prove the charge of Failure to Disperse” the prosecution has to prove that the accused wilfully defied the police. Jackson’s words seem meant to stand in for that proof.

Likewise, was Jackson’s belligerant response to police trying to arrest him meant to spark more resistance? Very often, riot cops target their own infiltrators who know to act outraged and resistive so that the crowd responds protectively. Jackson was clearly trying to do that.

Most of all, defendants wanted to get to the bottom of CSPD’s complicated operation to set their undercovers up to “take a ticket like everybody else.” How many officer were involved, and why didn’t officers recognize each other? Are the undercovers in fact with the El Paso Sheriffs Office or are they intelligence contractors or government agents? Who was coordinating this infiltration operation and who decided to call off issuing the ticket?

Who above all, thought they needed to insert an armed undercover, or two, possibly four, in the midst of a peaceful anti-imperialism march? Could a socialist group’s reckless co-opting of city streets warrant an undercover team’s reckless endangerment of unsuspecting activists surounded by very likley PTSD-addled police officers?

Jackson’s jittery behavior while detained in the back of the police cruiser hardly gives you confidence that even he should be trusted to wield a gun.

APPENDIX
The Krueger and Canaan body cam videos are circulating online. We’ll link to them as we locate stable copies. Below is an index of the events described above.

On the KRUEGER body-cam:

[0:45] Officer Mark Keller: “L.T. wants everyone identified.”

[3:05] Sergeant Clayton Blackwell: “There’s two UCs in there, and they’ll just take a ticket like everybody else. So hopefully we don’t have to start spraying ‘cause I don’t know which ones they are.”

[3:50] Off-camera officer: “Guy in the Carhartt [jacket] has a knife in his pocket.”

[9:00] Officers Krueger and Canaan discuss orders to arrest “Carhartt” suspected of carrying a knife.

[14:02] Sergeant John Ingram shouts: “Everyone is going to get a ticket!”

[15:20] Krueger and Canaan contact “Carhartt” who responds in a hostile and provocative manner. Unlike the other arrestees who are fully cooperative, he objects with loud profanity and derision.

[18:05] Krueger and Canaan discover “Carhartt” is armed with a 9mm handgun, tucked in his front waistband, and no concealed carry permit.

[20:04] Suspect gives his name as “Mark Jackson, d.o.b. 7/20/75”, and asks: “How do you know I was in the street?” Officer Canaan replies “An officer pointed you out. He’s been watching you the whole time.”

[23:38] Krueger consults Sgt. Blackwell who determines that “Jackson” is not one of their two UCs embedded in the march.

[28:56] Off camera Sgt. Blackwell tells Krueger “He’s U.C.”

[29:20] “Mark Jackson” admits he is with Sheriff’s Office.

[29:50] Krueger turns off body-cam.

On the CANAAN body-cam:

[16:41] Officer Dustin Canaan unloads the detainee’s “M&P Shield 9mm” and places gun, magazines, and extra bullet on front seat.

[22:02] Officer Mark Keller approaches cruiser to take a look at the detainee’s face.

[24:52] Sergeant Blackwell taps on cruiser window, says “We’re good.” Whispers to Krueger (inaudible, but it’s on the Krueger cam where we hear: “He’s UC”)

[25:03] Officer Keller returns to cruiser to joke with “Mark Jackson” about having arranged his fake arrest. Says Keller: “Hey, you’se in the street, I figured you should get a ticket like everybody else.” To which Jackson replies: “That’s why I said ‘Come fucking arrest me!’”

[25:25] Keller discusses with Jackson whether or not to ticket his female partner.

[26:27] Canaan turns off the audio of his body-cam.

Radiolab episode on jury nullification is less bothered by state abuse of power than public desperation to fight back.

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It should come as no surprise that public radio’s RADIOLAB would take government’s side against the growing grassroots effort to awaken citizens to the repressed potential of jury nullification. Any attention to the subject helps inform ordinary jurors of the power they have to stand up to the regular abuses of our judicial system. The benefit is tempered of course when liberal gatekeepers lean in with theatrics to fearmonger about anarchistic challenges to law and order and security. That’s exactly what Radiolab achieved though given plenty of material with which to have taken a more honest tack. Their program “Null and Void” aired May 12 and painted nullifiers as irrational extremists, giving a pass to the judges who purge juries and break the law by having nullifiers arrested.

I had high hopes when contacted by a producer for Radiolab in March. Our federal injunction protecting Denver jury nullification outreach efforts against an order by the Second Judicial District’s Chief Judge Michael Martinez was coming to trial in April. I imagined reporters would be sympathetic to our predicted success making our injunction permanent and the similar likeliness of our prevailing on contempt charges in a hearing which was to follow. I faciliated Radiolab’s access to Mark Iannicelli, who Denver arrested in violation of our injunction, and whose dismissed charges of felony tampering continue to be appealed by our legal adversaries. Thus far it’s a simple story of hoisting a chief justice on his own petard, using the justice system against itself, in defense of the people’s historical power as jurors.

Heicklen
But Radiolab had an alternate narrative in mind. Their story would center on a jury nullification champion who they could characterize as coming off the rails, the celebrated frequent arrestee Julian Heicklen. Septegenarian Heicklen became tired of judges warning him of arrest, despite his continued legal victories. By November 2016, Heicklen issued a manifesto of sorts, asking for armed backup to preempt a judge from making good on his renewed threat to arrest him. Heicklen posted this warning online and called it to everyone’s attention. Presumably it’s what drew Radiolab’s attention. Heicklen had put it out there, hoping to spark a John Brown-esque conflagration, I’d call it a bluff, meant to curtail the court’s continued abuse of power. It’s obvious from Heicklan’s hyperbole. I attach the significant excerpt in the notes below.

Radiolab didn’t reference this tract, nor mention their and the court’s foreknowledge of it. As they interviewed Heicklen, they asked him about his cause and even brought him to tears as he explained his distress about the injustice of the system, which continues to reinforce inequity and deny jurors their prerogative to step in its way. Then Radiolab prodded Heicklen to explain what he anticipated would happen when he showed up at the courthouse in defiance of the judge’s threat. On cue, Heicklen repeated his entreaty that supporters show up with guns to enforce his right to pass out fliers and avert the judge’s illegal threat to arrest him.

Many of us might share the elderly activist’s frustration with being habitually arrested then exhonerated, each time without apparent progress being made. Radiolab’s pretend reaction was to cue ominous silence, let the pin drop, cue indignant alarm, ostracize Heicklen, cue a spontaneous meting of Radiolab minds to elect to call the cops on Heicklen lest law enforcement personnel be shot.

Radiolab didn’t call the Chief Judge Frederick J. Lauten to question the irregularity of his repeating an illegal threat. How absolutely insane for a judge, already proven to be in the wrong, to keep asserting his authority to have a citizen falsely arrested?

When Heicklen showed up to the courthouse, with a friend, both without weapons of any kind, and without the backup support of “Tyranny Fighters” he’d hoped to mobilize, Heicklen was arrested for the more serious charges involving threats.

Radiolab may or may to have exacerbated Heicklen’s arrest. They certainly took credit for it, which is the least they could do for having exploited Heicklen as their straw man extremist.

Because Radiolab makes little effort to conceal their liberal bourgeois elitism. FIJA, the Fully Informed Jury Association was founded, according to Radiolab, in a Montana “bunghole”, which they qualify, they are entitled to call Helena, the capitol of Montana, because one of the show’s producers is from Montana.

Wolverine
You might ask, what’s Wolverine got to do with this? Anyone who’s read Ariel Dorfman knows better than to bring superheroes into political discourse. Radiolab didn’t know how better to distinguish between a citizen’s right, as proscribed by the Bill of Rights, and a power, something grown from common law. Whatever, they’re wrong. Juries are guaranteed by the sixth amendment, now commonly understood to be “a jury of your peers.”

Radiolab never uses that phrase, it’s too everyman. But they do riff ad nauseum on Wolverine, who’s a superhero with superpowers, namely CLAWS, which for Radiolab described this aberrant power that jury nullification advocates are promoting. The public as beast, and mutant power threatening elitists like a werewolf’s claws. Someone adds, as a further irrelevance, that Wolverine’s real superpower is regenerative, the power to heal but nevermind. They say that, and it’s the only trivia that actually does apply to jury nullification. Radiolab autistic savants.

They recorded Mark Iannicelli in front of the Denver courthouse, that was our single consolation!

It’s no surprise that Radiolab takes the government’s side against the public’s growing inclination to “burn it down.” Radiolab got great quotes from Mark, but chose to demonize other jury nullification pamphleteers who were so frustrated with being arrested that wanted to deter future arrests with guns.

By the show’s end, the white privileged NPR broadcasters feel more comfortable with the law in the hands of “unelected, white” judges over inexpert jurors described as “twelve random jerk-offs from the street.” They’re taking about your constitutionally protected jury of your peers.

Hopefully listeners will glean the great information offered by this piece and nullify Radiolabs’s privileged condescension.

NOTES:
1. Julian Heicklen’s post of November 24:

Hi Tyranny Fighters:

Orlando Courthouse: I plan to be at the Orange County Courthouse in Orlando, FL distributing Fully Informed Jury information from 10:30 am – 1:30 pm, unless arrested earlier, on Monday-Wednesday, December 5-8, 2016. All of you are invited (urged) to join me. Bring your guns. I have requested protection from the Florida Militia, the Department of Homeland Security, and the Governor of Florida. None of them responded to my requests. Copies of the letters to the Department of Homeland Security and the governor were sent to the Clerk of the Orange County Court and to you in my previous report.

I have not received replies from any of these people. However I have received a letter from Frederick J. Lauten, Chief Judge, Ninth Judicial Cicuit of Georgia. Here is his letter:

Dear Mr. Heicklen:

A copy of your letter to Rick Scott dated October 13, 2016, was given to me. In your letter, you stateit is your intent to “distribute flyers regarding the duties of jurors and witnesses at criminal trials” at the Orange County Courthouse during th first week of December.” This letter is a reminder that such conduct continues to be proscribed on courthouse grounds under Administrative Order 2011-03 which governs expressive conduct taward summoned jurors. Enclosed is a copy of Adminiustrative Order 2011-03 for your perusal.

As you know, this Administrative Order is constituional as the Fifth District Court of appeal had “no difficulry upholding Administrative Order No. 2011–03 as reasonable, viewpoint neutral regulation….” Schmidter & Heicklen v. State, 103 So. 3d 2663,270 (Fla. 5th DCA 2012)(a copy of which is enclosed). This Court, as well as the Orange Cpounty Sheriff, qill enforce the provisions of Admionistrative Order No. 2011-03 to ensure the fair and orderly conduct of jury trials and to prevent dissruptions or interference with that basic right.

Based on the Administrative Order’s continuing validity, you may wish to reconsider your intended course of action and find alternative means in which to disseminate your message. If you intend on distributing materials to jurors, you will be issued a trespass notice and if you then remain on courthouse grounds, you could be arrested for trespass.

Sincerely,

Frederick J. Lauten

Chief Judge

____________________________________

Unfortunately there seems to be a disagreement between the Florida court and the United States Federal Court. I was one of the appellants in the Florida case. The decision was based on lies and incorrect information introduced by the state attorneys. The judges should have know this, since I carefully pointed out the errors, but they did not care. They had made up their minds before hearing the case.

Previously I was arrested 5 times for distributing this literature at the the U. S. District Court in Manhattan, NY. I was arrested and charged with jury tampering. After 17 months of trial, Judge Kimba Wood declared that distributing this literature was not jury tampering because I did not discuss any case with a juror sitting on that trial. She dismissed my case. Her decision is at: http://constitution.org/jury/pj/10-cr-01154-KMW_order.pdf This decision was published in many journals. The NY Times publication is at: http://www.nytimes.com/2012/04/20/nyregion/indictment-against-julian-heicklen-jury-nullification-advocate-is-dismissed.html

Other publications can be found at: http://search.myway.com/search/GGmain.jhtml?p2=%5EC73%5Exdm007%5ETTAB02%5Eus&ptb=304CD70B-562C-491B-9E0F-EEEA96D81532&n=782b17fd&ind=&tpr=hpsb&trs=wtt&cn=us&ln=en&si=CJSjz-LK7s4CFdgQgQodEmkJvA&brwsid=343148da-648b-46c2-8171-a9e312ac5776&searchfor=Jury%20nullification%20case%20of%20Julian%20Heicklen&st=tab

I was invited to Harvard University Law School to give a lecture on my case. Also I have been informed that my case is being taught to all students at Yale Law School. Presumably it is being taught elsewhere as well.

Currently I distribute the same flyers at both state and federal courthouses around the country. None of them arrest me. Three of these courthouses are state courthouses. They are in Fort Lauderdale, Fl; Pittsburgh, PA (last week); and Newark, NJ. The federal courthouses this year have been in Fort Lauderdale, FL; Newark, NJ; Manhattan, NY; Palo Alto, CA; Pittsburgh, PA (last week) and San Jose, CA; The state courthouses do not approach me. The federal courthouse Homeland Security officers at federal courts all threatened to arrest me until I told them to check it with a judge. They did, and none of them made an arrest.

December 5, 2016 will be a critical day in the history of the United States. I will appear at the Orange County Courthouse, 425 N. Orange Avenue, Orlando, FL and distribute “Nullification by Jury” flyers on the public sidewalk leading from the parking lot to the courthouse. I am asking all Tyranny fighters and anyone else to join me armed with loaded guns to shoot any courthouse employee or officer of the court (i.e. guards, Orlando police, State police, Sheriffs, or lawyers) that approach within 15 feet of me. One of 4 things can happen:

Neither the court personnel, the Tyranny Fighters, nor the press will appear. That will be the smoothest, but dullest, situation.

The Court officers only will appear and arrest me.

The Tyranny Fighters only will appear and protect me.

Both the Court officers and the Tyranny Fighters will appear. The gun battle for the return of a free country with a democratic republic will occur.

I am irrelevant. The future of the United States will be determined by the others or by you. Either we will continue the route to the gas chambers as described in the attached document, or we shall backtrack to a democratic republic. In either case I will have died by then.

The choice is yours—Julian

Dear Trump: the arc of moral history does not bend toward your man-cave

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Donald Trump’s inauguration presents a timely opportunity to hammer at his crass misogyny. Slogan-wise, THE ARC OF HISTORY BENDS TOWARD EQUALITY gets my vote for spot-on feminist rejoinder. I also like HELL HATH NO FURY, YOU SORRY ILLITERATE! The latter has a better chance of becoming true. The women’s march planned on Day One of Trump’s presidency already confirms Shakespeare’s adage. So what about MLK’s truism, about the arc of the moral universe being long but bending towards justice? That’s the consolation that keeps liberals from despairing as they encounter endless setbacks. Is it true? The inevitability of progress is inexcusibly Western-centric. If you measure your arc with indigenous cultures at the baseline, the moral universe trips at monotheism and never recovers. Measured from the customary Dawn of Civ, Trump’s election as mankind’s exemplar ideal, now leader of the free world, is surely the most abrupt signpost to the contrary. We’re tracing the arc of a handbasket.

March on DC with your own protest message, not one dictated by NGOs. Yes, you’ll need a banner and poles.

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Denver Womens March 2012Organizers of the post-inaugural WOMEN’S MARCH in Washington DC this weekend are telling participants not to bring poles for signs or flags, or even knapsacks. Ha ha ha. As you travel across the country to march, remember who’s making the real sacrifice. The march coordinators are paid. You are spending the time and expense because you have something to express. Bring it. The only reason organizers want you unequipped is so your [rogue] message won’t stray from theirs. Does that sound democratic? They also have a different goal than you. Their mission is to pull off a smooth event. Yours is to make history.

As a veteran of countless protest marches, national, regional and international, I encourage newcomers to stick to their nonconformist inclinations. Independent critical thinking is what led you to take action in the first place.

To begin, THIS IS YOUR MARCH.
Washington DC belongs to you. Inauguration Day and its aftermath belong to you. Just because someone squats a Facebook event on a day conducive to public gathering doesn’t give them dibs to call the shots. A stand-alone call to arms, such as MLK’s Million Man March or CodePink’s A Billion Rising, is another matter. Spontaneous uprisings against historic events are no one organization’s to control or temper. Especially if they begin with capitulations to the state.

Here’s the usual pattern. After a FB event goes viral, nonprofit activist groups jump in to offer their expertise, resources and manpower. The nonprofits thus dominate the details and the event originators have little ground to object. Thrilled to see “their” event succeed, these new-to-the-spotlight activists don’t know that street protest is anathema to nonprofits whose existential foundation is not to disrupt politics as usual. Falling into the trap of coordinating ineffective demonstrations is often blamed on newbie error, but in Washington DC, newbies making the newbie mistakes are employees of nonprofits seeded to pretend the event had a grassroots origin. What the NGOs are really doing is setting a prescribed burn, or backfire.

Backfire: a fire set intentionally to arrest the progress of an approaching fire by creating a burned area in its path, thus depriving the fire of fuel.

Bastards! Fortunately backfire has a further meaning, probably not unrelated to the sketchy forestry strategem.

Backfire: rebound adversely on the originator; have the opposite effect to what was intended.

Just as DC lobbyists monopolize your representatives, professional activists have staked out the capitol and squatted on what is the public’s only access to speak to power. Accept their invitation to come to DC. Thank them for their legal support, their logistics and water bottles, but you’ll handle your messaging thank you.

NOTES FOR NEXT TIME
(If you’d prefer not to dwell on criticism, please skip to the section on RULES. For me, these counterproductive “mistakes” set us back every time we give them a pass.)

1. Telling participants they can’t bring stuff like food or chairs! The event’s duration is being throttled to what can be endured between meals, without a pause for rest. Do you go to meetings without chairs? In the cold outdoors one can’t even sit on the ground.

2. Hiring private security contractors, “some identifiable, some undercover”. WTF? DC’s cops, National Guard, Secret Service, and “Shadow Teams” aren’t enough?

3. Coordinating with police. What? What?! To whom Black Lives Can’t Even Matter? Sorry no.

4. Stifling expression with limits on how to carry signs. Without sticks. “Flags but without poles.” Restricting marchers to signs reinforced with only cardboard tubing. Viewed from a perspective to show the numbers, the march will bear no legible message at all.

5. Telling marchers they must handcarry small bags. You’d think they don’t want marchers’ hands free to carry signs at all.

6. Stooping to a permit, as an excuse to self-police and make participants feel honor bound to unecessary concessions (the permit terms). You don’t need a permit for First Amendment activities. NGOs use permits to effectively reserve public areas and restrict their concurrent use by others. It’s a means to control public space.

7. Scheduling the march on the day after the main event, in time to disrupt nothing. Diluting the inherent outcry, expending from everyone’s discretionary resources to converge on DC. As a result we’ll have two mobilizations. Both massive, hopefully, intead of one which could have TIPPED THE SCALE.

RULES ARE
Meant to be broken. Permit holders can enforce rules within the confines of their event area, with the assistance of authorities if needed, but not outside it. Organizer “rules” can’t be enforced on Metro, or on public streets, or along march route. DC police may pretend they have that authority but they don’t. Cops lie. Know your rights.

To hold a sign where it’s visible in a march, and big enough to where it can be seen among multitudes, you need poles.

BRING POLES.
There is no safety reason whatsoever, in Washington DC, for forbidding the use of sign poles. We’ve seen pole restrictions attempted at national conventions, in close-in urban areas with vulnerable storefront windows, but Washington’s boulevards and setbacked facades evolved with political marches. Demonstrations, parades and motorcades are everyday for DC. Your sign poles pose zero threat and you don’t have to relinquish them. Not Post-911, nor in the Age of Trump. If an NGO-deputized cop won’t allow your entry to their rally, their privatized-park, have someone wait with the contraband outside its bounds. Banners are best seen on the edges of rallies anyway. When attendance numbers reach overload, you’re golden. Move with the numbers. Otherwise wait and join in as the march departs from the rally.

What’s best for poles? Lengths of bamboo from garden nurseries. Bamboo is stiff, light, and utterly non-threatening. Eight footers will hold a banner above marchers’ heads while still allowing you to rest the poles on the ground when the march lags. Six foot lengths give you adequate leverage to keep the banner taut but are more work. Either are cheap and expendable. Bring extra. Bamboo are thin enough to hold reserve pieces bundled. You can grasp a bundle of three as readily as a single pole. Those extra poles can be allocated as you see other marchers in need.

Let’s rule out pipe, lumber and dowels for being too heavy. Broom handles are expensive. Wooden stakes are uncomfortable and too short, and apparently, too “pointy”.

Various widths of PVC are rigid enough to about eight feet. Steel electrical conduit can give you ten feet. Both are cheaply available at neighborhood hardware stores. The baggage holds of charter buses can’t accommodate pieces over eight feet.

Alternatives to fixed lengths poles would be telescoping poles such as hiking sticks or monopods. Usually these do not extend beyond five feet. Longer telescoping tool handles used for painting for example extend but won’t contract to shorter than five feet or so.

Sectional poles such as geodesic tent poles can be folded to different length permutations. Depending on the weight of your banner material, multiple tent poles may be required to provide sufficient stiffness.

The benefit of collapsible poles is that you can conceal them until you are ready. Provided you have a BAG.

BRING A BAG
There are plenty of ordinary reasons to need a bag. Lunch. Extra layers of clothing. Hat, sunglasses, bandana. Extra gloves, hand warmers, snacks, literature to share, stuff handed you at the rally.

As a banner holder you’ll need supplies like duct tape, markers and string to fix signs, and those aforementioned extra tent poles. Maybe a backup banner or gag props for an alternative photo op.

We bring bags to work, school and play. Who expects that a day traversing DC doesn’t call for a bag?

Don’t be fooled into believing that for safety reasons all bags must be clear plastic. DC surveillance can spot the excess heft of dangerous materials such as explosives or weapons, without having to see them. What they’re really looking for are items like ropes, carabiners, harnesses, goggles, which activists can use for nonviolent fun, to mix things up and entertain, provide media moments and get attention.

Besides which, clear bags will make for unsightly messy photos. Neither does your bag need to be restricted in size. Bring a backpack or knapsack. Leave your hands free to carry that sign!

The best reason for you to shoulder an ordinary opaque knapsack is to give cover for others to bring bags with necessities you overlooked. Cameras, accessories, extra socks, bullhorns, batteries, umbrellas etc.

There’s nothing so heartbreaking as a mass of people who’ve come from across the country to participate in a march that goes nowhere. An uneventful demonstration garners no press, wins no recruits, and only burns out those who thought they came to DC to effect change.

I watched half a million hispanic Americans assemble on the National Mall for Immigrant Rights. Many of those half million took a great risk marching in DC. It’s possible many as a result were deported. They could only follow the rules of course, received no media coverage, and accomplished fuck-all.

BRING CHAIRS
Come to DC with a demand, but bring more than the leverage of numbers. Carry with you the potential that you might LINGER. That’s the pressure the media can’t ignore.

Chairs, umbrellas, canopies, tents, enhance your stamina and protect you from the elements. The longer your protest runs, the more time there will be for latecomers to join in. That’s the momentum the state is worried about. Project that.

“Power concedes nothing without a demand. It never did and it never will.” – Frederick Douglass

Douglass also said: “If there is no struggle, there is no progress.” Your march organizers have promised their DC colleagues a toothless beast. It’s not what they tell their donors, nor how they phrased their invitation to you. You brought your physical body to DC to support the cause. Is it theirs to squander?

When court jesters stop laughing at despots they expect you to stop too

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They’re funny, they’re clever, and their comedy can be dead serious, but it turns out when political comedians actually are dead serious they expect their audience to come to heel. Bernie Sanders was just a laugh, look at yourself, you fell for it. Court jesters pile on the ridicule of whoever’s the ruler, but when the diversion is over, the joke’s on you, now shut up. Said Sarah Silverman to heartbroken Bernie delegates: “Don’t be ridiculous.” Adds Seth Meyers: “We don’t have time for this.”

Bernie Sanders packs up his carpetbag revolution. Can you smell the bern?

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Dennis KucinichThere is nothing fun about watching Bernie Sanders pack up his carpet bag revolution and embrace the incumbant president. Bernie supporters fell for him like they did Obama and now have to be feeling the blush of embarrassment and pang of hopelessness. What unlookers knew was going to be the ultimate Bern. Except the Bernie dreamers I knew anticipated this all along, but figured it was worth the shot.

Wasn’t Bernie supposed to hold out until the convention? The media has been floating false capitulation stories everyday, but it’s hard to misbelieve the latest hugs and arm raising.

Bernie joins ringers Kerry and Gore as Democrats who folded before they had to, if indeed they ever meant to win for real. Bernie’s place in history will be a room in a museum shared with Dennis Kucinich and other politicians who pushed big ideas but were really shepherding for the Democratic Party. Sanders was a third party democrat and thanks to him, his party, the corporate war party same as its congenital twin greater-of-evil party, will win.

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

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

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

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

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

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

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

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

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

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

Denver Police Department AFTER ACTION REPORT

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

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

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

Afternoon March

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

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

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

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

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

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

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

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

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

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

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

Hillary may be the presumptive head of the US empire but Trump is its asshole

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Billionaire reality TV villain Donald Trump is bringing his presidential candidacy roadshow to Denver JULY 1ST. Like the rhetoric of the Westboro Baptist Church, Trump’s utterances don’t warrant rebuttal. But unlike the lone Fred Phelps family espousing their gutteral homophobia, The Donald has followers. Some see Trump as an underdog challenging the empire’s vetted candidate. Some may be provocateurs staining his campaign with violence. What is certain however is that popular enthusiasm for Trump echoes his hate speech and dumbfuckery. If zenophobic bigotry congeals into a white power movement, that’s the specter of fascism that begs a swift preemptive beatdown. Trump can tramp his celebration of brute ignorance wherever he wants, it’s a free country, but local communities need not welcome his fan base aping the white thug’s antisocial behavior.
 
Friday July 1. Western Conservative Summit, Colorado Conventional Center, Denver. Be there!

Sorry Rage, Trump Ain’t the Machine

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Immortan DonaldThere’s news from Cleveland, about to host the 2016 RNC Republican National Convention. Rage Against the Machine is planning a reprise of the show they PUT ON for DNC 2008 where they harnessed teen angst against America’s dystopian future (thus against its corporate party conventions) but FOR Barack Obama.

In 2008 the House of Bush was already falling. Now it’s 2016 and this time Immortan Joe is the ascendant Donald Trump apparently. Because Trump is a thought-criminal and troll racist, it seems that all pop, sub, and call-out culture agents agree that the next US president must not be Trump. I find it not in the least ironic that the machine thinks so too.

Rage Against the Machine’s Tom Morello is scheduling an encore performance of Denver’s DNC 2008, another counter-subversive star turn for the Democratic Party. In 2008 Rage quelled unrest to smooth the reception for Change Double-Agent Barack Obama. The corporate TM Rebels want to do the same for Hillary, this time directing their indignation at social injustice provocateur Donald Trump.


In 2008, Rage harnessed teen and counterculture angst and hitched it tightly to a stake in the mosh pit, a political assembly agitated but meant to go nowhere. Rage threw a free performance which drew thousands from the streets, as if a Rage concert memory would match the excitement of a protested convention. Of course those who were waylaid will never know. Even seasoned activists fell for the lure because Rage promised afterward to lead their stadium audience straight to the Pepsi Center to confront Obama and the DNC.


Not what happened. RAGE appointed Iraq Veterans Against the War as their favored antiwar agitants, whose MO has always been commemorative not rebellious, crowd participation encouraged only under a strict chain of cammand. With the IVAW, Rage members led the audience on stations of the cross “march” across downtown Denver exhausting protest energy and converting participants into spectators. It looks like Morello intends to do the same thing for Cleveland.

And I have no doubt they’ll succeed. Already social justice movements are feeding the trolls as if Donald Trump wasn’t merely another Westboro blowhard. Radicals from Antifas to Zapatistas think Trump is the face of US Fascism and must be stopped. Trump does spout ignorance and racism, though he hasn’t bombed or executed anyone. Does Trump embolden American racists and zenophobes or is that the machine’s framing?

Must Trump’s idiocies be rebutted? Must, for example, the Westboro Baptist Church be counterprotested? Normally everyone gets the wisdom of not feeding the trolls.

The History of Violent Protest in Colorado Springs, in a Nutshell.

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JesusGET THIS. I heard a reverend-person yesterday lecturing newish activists about their need for nonviolence training, which she was volunteering to lead. She was also offering rubber wristbands for her graduates to wear at demonstrations, so that police could differentiate between protesters. She told us she’d ask officers to scrutinize those not wearing bands as being the potential troublemakers. This, she assured everyone, would make it more difficult for outside groups to waylay the action. I kid you not. And she’s a church leader praised locally as something of an activist! HA! That’s a RAT!

I recognized the Springs “outsider” buggaboo so I thought I’d relate where it came from in a little piece I’ll call The History of Violent Protest in Colorado Springs. Ready? It won’t take long.

So what violence have I seen in my fairly full-time participation over a dozen years, multiple wars and as many elections? ZERO. That’s right. I’ve seen a lot of brutal handling by police, but by the hands of protesters? Nothing.

Yep. The History of Violent Protest in Colorado Springs. The End.

For as much as local church leaders harp on nonviolence training, which includes, by the way, nonviolence bounderies that forbid even confrontational speech, you’d think they’d seen a need for it. They haven’t. For EVERY preacher and or disciple regurgitating nonviolence edicts, I’ve never seen ONE counterpart advocate for, nor commit, violence. It’s almost a laugh, if the practice wasn’t so damaging to public demonstrations. Colorado Springs street protests have been defanged to nothing, police needn’t bother to show up and they don’t. As a result, neither do protesters.

And it isn’t just that nonviolence dogma declaws the public beast. Religifying activism alienates intellectuals and atheists who woud prefer not to suffer the foolish god-justified claptrap. Monotheism is the engine which has always perpetuated privilege, enslavement, colonization and capitalism. Wtf.

Not satisfied to deputize citizens with the equivalent of TSA pre-boarding approval, clergy want to deprive their charges of the element of surprise. The Springs antiwar community keeps direct contact with law enforcement. I’m guessing protestations, if any, are now simply phoned in.

I JUST WANT TO PUNCH these nonviolence religion freaks for mutilating the impetus of budding activists. A newcomer’s anger is what drew them to protest in the first place. Of course as ministers that is their function. Social injustice is job security to church employees. They are about as likely to remedy inequity as the Pope. Sermons aim to temper their sheep’s natural anger at injustice. But enough about those assholes.

No matter the issue, antiwar, the environment, racism, homelessness, in Colorado Springs I’ve seen absolutely no public demonstration escalate to violence. Why then the ready queue of spiritual nuts so eager to innoculate every next wave of concerned citizen before they can even take to the street? It goes back to something that happened at an antiwar demonstration in 2003, although the lesson being drawn is not based on what really happened. That’s the bugaboo.

Palmer Park, 2003
In 2003 George W. Bush was about to initiate an illegal war against Iraq and public demonstrations were coordinated across the globe. In Colorado Springs nearly 2,000 people assembled in Palmer Park along Academy Boulevard. The Springs rally looked to eclipse the antiwar events planned in Denver, so some people came from Denver, or so it’s believed. In reality, the Springs antiwar community had an average age of 75 and hadn’t seen new faces for decades. The sight of younger participants led many to believe they were from elsewhere. Plus some of the younger protesters wore black, so word spread they were Anarchists. Scary.

For the usual reasons, the CSPD decided to close Academy Boulevard. When rally-goers realized their protest wasn’t being seen because motorists were no longer driving by, some decided to lead the crowds southward toward an intersection where traffic was still passing. Being that Academy Boulevard was cleared of cars, the most obvious route was on the street. There was no sidewalk and the park was congested with the parked cars of the attendees. No matter. The police formed a line and ordered the marchers back.

The police began to spray tear gas as the protesters retreated. Clouds of gas enveloped the crowds as they dispersed and struggled to get in their cars. The cars were gased with families and small children inside them, unable to drive away.

Across the globe that day, only two cities used tear gas against their antiwar protests: Athens and Colorado Springs. That’s how old timers like to tell the story. They’ll add that the police crackdown was prompted by unruly outsiders being violent with police. By which they mean, refusing to get off the street. Being assertive of one’s rights somehow became translated to mean impermissively violent.

Had these Emily Posts ever seen the footage of Selma?! These nonviolence sticklers are MLK idolators, yet just like Selma’s whites, they blame the victim.


Palmer Park, 2003

Protests in Colorado Springs immediately diminished in popularity and never again drew large numbers. Apparently when organizers called their members the apprehension was always “will it be safe?”

And so from that day, nuns and other clergy met regularly with Colorado Springs police to talk to them about protest plans, lest CSPD be surprised and overreact. That hasn’t stopped police from dragging us across streets or assaulting us in parking lots or on sidewalks. Oh to have merited it even once!

NOTE: I have omitted a couple of insider details about the 2003 rally because I wanted to relate the experience of the average participant. Yes, the event was advertized statewide and drew opponents of Bush’s war from along the Front Range. And yes, there was a strategy among frontline protesters to try to block an intersection. Most attendees didn’t know either of these facts. The local peace community was so insular that all new faces were looked upon as interlopers. But my point remains, there was no violence. Our freedom to assemble, wherever two thousand people need to go, is not abriged by congress nor by traffic laws. Rebuffing law enforcement’s attempt to disrespect civil liberties by standing, walking, sitting, or shouting, is not violence.

St Patricks Day, 2007

Nonviolently submitting to state violence is supposed to move onlookers to empathy. In 2007, was the Colorado Springs public moved by the police brutalization of nonviolent 70-yr-old Elizabeth Fineron, who later died of complications of her injuries? No, they cheered the police.

Sacrificing yourself may work in democracies with an empowered populace, but against fascism, as against the Mongols or Manifest Destiny, it’s abrogation of responsibility and suicide.

Nonviolence
Incorporating the dogma of “nonviolence” into what would otherwise be straightforward protest becomes problematic when nonviolence folks want to differentiate themselves. Those who are “othered” are then presumed to be planning violence. That’s a very serious charge. Inciting a riot is a crime. Plotting to overthrow a democracy is sedition.

Non-nonviolence does not equal intending-violence. For example, I do not advocate violence, I advocate solidarity.

I do not oppose people asking for NV training, or undertaking it, though I would prefer that nonviolence wasn’t marketed to newcomers who wouldn’t have thought to have needed it.

Why should “nonviolence” even have to come up, for example, at a discussion about a SIT-IN? Agreeing to sit is already a gesture which has capitulated the option to resist. A crowd can’t charge from the seated position. You can’t even defend yourself. The nonviolence is inherent.

Religious NV training is really about nonviolent communication, a whole other can of rotten worms. There is no evidence that Gandhi, MLK or the Flint factory sit-ins practiced that aberration.

If the challenge is to show public opposition to the sit-lie ordinance because it further oppresses the homeless, public energies need not be exhausted by habitually passive religious leaders and their idea of what direct action needs to be.

Yes, the anticipation of the supremacy of nonviolence over state violence is a religious expectation. Against fascism you’re asking for a miracle.

If preachers were activists they would lead their flocks into the street. Circulating among activists, those church leaders are opportunistic missionaries, looking for recruits among the disenchanted.

To be earnestly inclusive of faiths and non-faiths, leave you diety at home. Show respect for the “others” who don’t need the voodoo rationalizations you require to muster moral courage.

Denver jury convicts homeless man of trespassing on their yuppy lifestyle. DJ Razee’s tiny house idea was too big.

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Delbert J. Razee
DENVER, COLORADO- In the witness stand Delbert “DJ” Razee spoke eloquently about the Tiny House movement and Resurrection Village, a local experiment sponsored by advocates Denver Homeless Out Loud to suggest one remedy for the house-less of Colorado. Razee’s lawyer Frank Ingham made fools of the Denver Housing Authority stooge and four police officers who testified against the chronically homeless English Lit grad. Razee was charged with trespass on public land, on an empty city block which was supposed to have been used for affordable housing. Razee was among ten homeless activists arrested one night in November for refusing to vacate several very small structures they’d erected on property which the DHA was converting from a community garden to gentrified condos. After two days of trial, a jury of well-housed peers found Razee guilty, lest others of his untouchable caste darken their doorsteps or the vacant lots near them. On Thursday March 3rd at 8:30am DJ Razee reports to Judge Beth Faragher for sentencing.

It was an amazing trial. While his compatriots sought continuances or plea deals, DJ held his ground and never waived speedy trial. DJ was impatient to put the Denver Housing Authority on the stand. Their representative Ryan Tobin blew off a February 3rd subpoena, but when DJ’s lawyer Frank Ingham cross-examined Tobin on the 22nd, Tobin incriminated himself more than Razee. Ryan Tobin was the DHA goon who pressed charges against the activists for trespassing on the public lot opposite his $650K home. Tobin also sought a protection order against one of the activists, which restrained that person from approaching not just Tobin but the entire public lot. Can one do that? The protection order didn’t come up at DJ’s trial.

DHA
The DHA is a quasi-municipal entity which handles city property meant to accomodate lower income residents. The DHA is Denver’s second largest property owner. The city blocks at 26th and Lawrence used to be low income housing but have been razed for years. More recently a portion was used for a community garden but the DHA was evicting the urban farmers to sell the block to a high rise developer.

The logic offered was that DHA could use the proceeds of land speculation to build more affordable housing elsewhere. That strategy might impress business people but it’s clearly absurd. Instead of being a counterbalance to gentrification, this housing authority thinks its role is to be a tool for displacement.

Tobin’s testimony will benefit all the Tiny House defendants, depending on their juries. DJ is only the first of the arrestees to be brought to trial. Tobin admitted he had never clearly expressed who had the authority to issue a trespass order. Tobin also couldn’t say who precisely was present when he made his initial announcement to the group, although he claimed it was “everyone”. This was a chief contention of the city attorneys.

How about an sidebar for activists, as a sort of debrief:

On Tobin’s first visit, someone among the activists called EVERYONE together to listen to his announcement, austensibly to have a dialog. As a matter of practice this was regretable. First, because the action was already underway and there was no expectation that dialog could or should redirect the action. Second, it presented exactly what an authority issuing a formal notice needed: everyone in one place to BE GIVEN NOTICE.

Two, the city prosecutors used a video recording of the event, made by the activists themselves, to prove that the trespassers had received notice. While the taped discussion was not so clear, and the many subsequent announcements over police bullhorns were garbled, it didn’t help that the videographer offered narration to make what was being said explicit to viewers and bystanders. Offering, for example: “so basically we’ve been given notice that if we don’t leave the cops will come to arrest us.” Which alas is the confirmation prosecutors need that lawful orders were understood.

Although the city sought to incriminate Razee with the video, the footage provided wonderful context for the larger issue, the paradox faced by the homeless, had the jury been receptive. It also captured Ryan Tobin’s cavalier attitude about housing inequities. When he was asked by the group “Move along to where?” Tobin made this thoughtless suggestion: “Where did you come from?” Boos from his audience at the scene were echoed by the viewers in the courtroom.

Ryan Tobin couldn’t identify DJ at all, neither that he’d given DJ notice to leave, nor that he’d ever seen DJ before in his life. DJ described Tobin’s failure to recognize him in a FB post:

For six weeks, from October 23rd until December 9th, I shoveled the walks, carted away the trash, and resided at Resurrection Village at the same location as Sustainability Park, and Ryan Tobin who lives directly across the street from the property, testified that he has never seen my face. Of course, he hadn’t- I am one of the invisible people who is a criminal in the eyes of the housed, and the law.

DPD
The testimony of four DPD officers was also self-damning. Neither commander, nor lieutenants, nor arresting officer could fully justify why they deployed in combat gear. Even the jurors were set back by the militarized atmosphere, the helicopter overhead, and the overabundance of cops for a TRESPASS INFRACTION. About the helicopter, a lieutenant claimed she called in a mere “fly-by” but police video proved it hovered for nearly an hour.

One amusing aspect for many of us in the audience, was how the DPD witnesses would always refer to the offending activists as “Occupiers”. Denver Homeless Out Loud, in its need to gain cooperation with civic and law enforcement entities, takes great pains to distance itself from its roots in Occupy Denver. At any demonstration in Denver, an “Occupy” presence, usually merely the familiar OD faces, always means an escalated police escort and unseen armored-up reserves. While it may have been inaccurate to label the Tiny House trespassers as occupiers, it’s true that when protesters are holding their ground in Denver, refusing police orders, they are occupying. Like the Black Bloc, it’s not a who, it’s a tactic.

Attending the trials of activists is worth it if only to hear the testimony of the police. You learn what they’re trained to do, what their objectives are, and what they think you’re doing. Most officers, even commanders, think we need a permit to demonstrate. HA!

The first four witnesses could not place DJ at the scene, but the arresting officer finally fingered the accused. Asked if he could identify DJ, he pointed to the defendant’s table and described DJ’s courtroom attire for the record. You have to wonder if police witnesses look to the defendant’s chair by default, without regard to what they remember. How could they remember so many arrestees, months after the incident? I’m guessing that anyone sitting in DJ’s seat would have been ID’d as DJ.

I pose this question because of how DJ’s arresting officer was allowed to identify DJ on the crime scene video. Instead of letting the video play through and asking the officer if DJ appeared on the video and where, DJ’s prosecutors froze the video when the camera lingered on DJ and then asked the officer to ID him. The defense counsel objected vehemently and when overruled he motioned for a mistrial. So the judge reconsidered and granted Ingham’s motion. She then asked the jury to disregard the officer’s response and she made the prosecutor play the video again without prompting the officer, even though of course now he knew at which frame DJ appeared.

The jury
The entire trial was so farcical and so mercenary considering the inconsequence of the charge, that audience members were certain the jury was empathic to DJ and the victimization of Denver’s homeless. Nope. We knew from Voir Dire that the jury included an entrepreneur, a trader, and an inheritance consultant. All but one of the NPR listeners had been eliminated but we hoped she’d be a holdout. It was not to be. When the jury emerged with its verdict, the foreman carrying the written decision was the fratboy day trader.

Fratboy had been the juror submitting written questions to supplement what neither attorney had asked. We knew from the bent of his inquiries that he was playing a role that defense attorneys fear, a self-deputized investigator for the prosecutor, filling in the gaps of the testimony, seeking, if even unconsciously, to eliminate the “reasonable doubt” which is supposed to remain as a reason to aquit. That’s why defense attorneys generally object to Colorado’s rule allowing jurors to interject with their own questions to witnesses. On the plus side, such questions do offer both sides a hint of where those jurors are leaning.

As Denver gentrifies, it should be no surprise that juries will represent the affluent more than the demographics being displaced. DJ’s jury had absolutely zero concern for punishing a homeless man for his elegant protest gesture or for his unresolved circumstance. They laughed and made no eye contact with the audience as they turned their backs to return to their homes and leave a homeless man in greater jeopardy with the penal system.

DJ was not tried by a jury of his peers. Can the homeless get justice in the US court system? American juries are racist and classist, but you’re unlikely to find someone more untouchable to jurors than someone who is dispossessed.

As activists, we’ve got to do something about these Denver juries. Advocating for jury nullification is not enough. Denver’s urban social climbers need a welcome-to-the-community brochure, or swift kicks in the ass until they acknowledge there’s a brotherhood of man.

#VanillaISIS, Y’AllQaeda, YokelHaram, al-Shabubba waging YeeHawd. Har har there but for the grace of an IQ go you.

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So where’s the solidarity? Yes the Bundy rancher insurrection is a fight for settler colonial privilege, Yes the hunter-soldierers are reenacting the Okies land rush of the Indian Territories. Yes this Cabelas militia is waging #YeeHawd against the gub’mint for every wrong reason. Such as, the God-given right to despoil the commons, and such as. But NO these paleoammosexuals are not “terrorists”. They can’t even pack their own lunch. What they are are dumbass carbon-bigfoots. Their hillbilly occupation is a sidearmed rebellion. That said, the camo-twits have declared war on the US government. That’s closer to the barricades than you’ve ever ventured.

Under cover of stupid, they’ve brought guns. It’s unbecoming but the strategy has averted a shutdown thus far. Guns speak truth to power in the language power understands. And the oafs are trying to protect the people’s land from the BLM. That’s your wet dream for stopping pipelines, fracking, and ecocide. Of course these yokels want to facilitate the plunder of nature, but that’s no different than the corporate media. They’re not villains, they’re the shills.

Please stop complaining that if these white privileged jerks were black they’d get the whipping they’d deserve. What are you, cheerleading for a violent authoritarian response?! Same as with rioting fratboys, you don’t have to love them, just don’t call for their smackdown. The police need to ease up with the heavy hand, not spread the brutality with equal opportunity.

Same as the drunk fratboys, these “patriots” have zero political awareness. They are no emergent right wing, they’re not fascists. The Bundy posse is to political movements what the Westboro Baptist Church was to activism. No resemblance. Poisoned apples to oranges.

Cliven Bundy, like Donald Trump, is a distraction from the real fascistm long firmly entrenched.

Of course these poachers should be run off public land, without a federal show of air suppremacy. Don’t echo the call for imperial airstrikes. Instead of igniting a Waco, let’s wait the yokels out, slap them with fines, expropriate their gear and put them in jail. Setting a forest fires should be severely punished. But don’t let me hear supposed anti-government social media pundits cry for the ass-kicking of these wannabe-brighter insurgents.

A regime which terrorizes the have-less with drones and death squads and war has no business defining what is and isn’t terrorism, least of all the push-back.

#NotMyRevolution #FuckYou. First they came for the dumb yokels, but I was not a dumb yokel so I said nothing. It’s not without irony that the point of Martin Niemoller’s lament escapes you.

Eric Brandt sets speed record for First Amendment Jail-to-Freedom-Pipeline

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DENVER, COLORADO- Eric Brandt got a surprise at the detention center courtroom on Friday. Then the magistrate who sentenced Eric for contempt of court got a surprise.

Eric wore his “fuck cops” t-shirt into courtroom 2300 this morning where his friend Monk was making a first appearance while still in custody. Everyone waved to Monk sitting among the inmates and stood in solidarity until the judge entered. But it wasn’t a judge we were used it seeing, it was Magistrate John Hoffman who Eric failed to recognize from one of Eric’s 43 ongoing “fuckcops” cases. The magistrate asked Eric to stand, then read the text of Eric’s shirt into the record, then reminded Eric that he’d warned him if he wore the shirt again in his courtroom he’d be held in contempt, and then he sentenced Eric to twenty days in jail.

Eric objected claiming he had no foreknowledge that this magistrate would preside today and cited “Cohen v. California” as to why this sentence was unconstitutional.

“Tell that to the ACLU” said Magistrate Hoffman as Eric was put in handcuffs.

“Fuck You Judge Hoffman” exclaimed Eric.

“I sentence you to ten more days for that outburst” shouted Hoffman. “Be sure to let the Sheriff know that Eric Brandt is to serve thirty days not twenty” Hoffman explained to the deputy as Eric was moved through the inmate booth.

The magistrate had no name plate and neither the prosecutor nor the deputies would tell us his name. Finally a clerk outside obliged and I made a call to Eric’s lawyer. Within minutes the magistrate announced that Eric should be brought back into the courtroom. A half hour later he was free, ordered out of the building, which he left loudly.

It turns out Eric’s lawyer hadn’t intervened at all. The magistrate’s “tell it to the ACLU” quip was repeated through the courtroom staff where it reached the city attorney’s office. They made the call and told magistrate Hoffman to stand down.

So Eric was sentenced at 9am and out by 10am. A new record for him at least.

The accompanying photos do not have anything to do with Eric’s Jail to Freedom speed record, but they’re not entirely unrelated. They depict his next arrest later that day, the details to follow.

Eric Brandt and the horrible, very bad judge.

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WESTMINSTER, COLORADO- Eric Brandt was so sure he was going to jail he got a tattoo. The one-man-band of protest movements had court on August 3rd before Westminster Associate Judge Paul D. Basso, who’d declined on a technicality to give Brandt a jury trial. Eric calls him “Judge Fatso” and lampoons Basso on the courthouse steps and so didn’t expect more than a brisk push into jail. Knowing they’d take his “Fuck Cops” t-shirt, Eric got a hasty tattoo. “It hurt. A LOT” said Eric, who did not intend to cease his protest behind bars. It’s the identical logo, placed just below the sleeve-length of a jail smock, faced forward on the arm he extends to shake hands. Eric’s lawyer, the formidable David Lane, joked that he was stung by Eric’s lack of faith in his attorney.

But Eric Brandt has suffered for two years battling alone against the whims of Westminster injustice. He’s served jail time, been beaten, threatened, tasered so many times the seizures it induces no longer make him pee. And when Judge Basso took the bench the courtroom audience got to see the kangaroo court prepared for Westminster’s public enemy number one. Even David Lane’s sober motions and objections bounced off the stubborn hanging judge.

Ultimately Judge Basso was smart enough to know he had to grant a continuance because discovery was only granted ten minutes before the session started. Discovery included internal affairs investigations of Sergeant Buckner, Eric’s repeat accuser and frequent assailant. Judge Basso asked the sergeant if he’d signed off on their release. “Objection! You’re not his lawyer!” Judge Basso ordered that the documents be surrendered to the court until he’d ruled on their relevance. “Objection!” The audience echoed “WTF!”

David Lane’s motions to dismiss, and for a special prosecutor, and for the judge to recuse himself for interposing himself as advocate for the city, were ignored. Each time the civil liberties expert cited legal precedence, Judge Basso would answer “it’s been a while since I’ve read that one, but I remember its meaning differently.” The city attorney and judge made clumsy attempts to feed each other cues.

Eric Brandt was forced to wave speedy trial in exchange for his continuance, to give his attorney time to peruse the discovery evidence. David Lane objected that “my client has to choose which constitutional right to sacrifice.”

Westminster had hoped to jail Eric Brandt this week to prevent him from getting on this year’s ballot for the city council election. They had to let him walk. A powerful attorney and a roomful of spectators got in the way of someone’s Judge Roy Bean act.

Eric was in tears as he thanked his supporters. His next case is Thursday, August 6, same accusers, same arresting officer. Same crime, telling cops to go fuck themselves. Eric will need the same court support. Trust me it’s entertaining. Between Brandt and Lane, there is no end to the laughter, but I had no idea municipal court would be so suspenseful. The best lawyer around meets his match against Tweedle Dumb.

Eric Brandt has dozens of cases pending in Westminster. The hope is that the provincial berg will figure out it has treed the wrong bear. They’re up against the First Amendment and two tireless defenders.

UPDATE: Eric’s August 6th court date has been continued, it’s now TBA. His next scheduled jury trial is August 13 although word is it will be postponed as well. A motions hearing now set for Wednesday August 12 will probably decide the fate of all of Eric Brandt’s cases. I’m thinking, when a city gives less than a day’s notice to cancel a jury trial, they’re probably doing some heavy thinking. Congratulations Eric!

Naeschylus Carter Vinzant was lynched by Aurora Police. His family is asked to stand by police and “STAY CALM.”

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AURORA, COLORADO- On June 6, 2015, unarmed African American Naeschylus Vinzant Carter was shot, walking along a quiet suburban street, in broad daylight, by Aurora police officers. No claim has been made that Naeschylus was resisting arrest or posing a threat, so his execution by cop seems another pignacious affront to the urgent Black Lives Matter movement. Now police have contacted his ex-wife and seven children to say they will make an announcement July 1st about Vinzant’s premature death. They want his family to stand at their side to urge the public to remain calm. In response, a rally is planned for 4pm Wednesday at a major intersection TBA. If you feel compelled to celebrate the impunity given to police lynch mobs, please keep it down.
 
UPDATE 6/30: the Jefferson County DA plans to take Vinzant case to a Grand Jury. This announcement was made in a joint statement from the DA and lawyers representing the Vinzant family. The statement came a day ahead of a scheduled protest and “asked the community to be patient and respect the process. Both want peace in the community.” Earlier in the day the same lawyers pressured the family and organizers to cancel the planned rally. The community was preparing to protest this usual method to defer justice, bury the crime and exonerate the officer.

President Obama tells undocumented transgender Jennicet Gutierrezas that the White House is not her house.

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So President Obama silenced a heckler by telling her “This is my house”, sorry, um, no. Immigrant and LGBTQ rights activist Jennicet Gutierrezas was vetted by security and was a guest of the president, to engage as a host would hope his guests might. The theme was Gay Pride! According to Obama, an invitation to the White House means you eat his hors d’oeuvres and drink his booze and shut your mouth or be thrown out. I doubt President Obama was saying anything more important than Gutierrezas, who spoke up for the plight of transgender deportees. In fact Obama misspoke. To his First Daughters he can say “you’ll follow my rules when you live in my house”, but to a fellow American it’s not his house but OURS.

You might correct me to say that Gutierrezas was not a citizen-subject but an undocumented immigrant, to which I say, the greater the shame on President Obama, smug in his disregard for those with no agency.

I applaud Gutierrezas who braved the President talking over her, and defied a crowd of Pride celebrants drowning her out with the three-beat chant normally the repertoire of anti-activists. The other guests showed no solidarity but laughed and applauded President Obama’s condescending repartees. The event left Gutierrezas heartbroken.

Have you seen the footage? Obama is a dick. And goddamn the Pride celebrants who immediately booed Gutierrezas. One might think they were being feted at the White house for their activism.

When the president threatened to have Gutierrezas “taken out” I cannot have been the only one to wonder if Obama dispatches his Kill List with the same callous mirth.

Protect and Serve …Who?

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When the police show up at your door dressed like this, I assumed the ‘Protect” means for them not you. They have done a great job of selling America the “Protect and Serve” but do you really need it? In February 1955, the Los Angeles Police Department, through the pages of the internally produced BEAT magazine, conducted a contest for a motto for the police academy. The winning entry was the motto, “To Protect and to Serve” submitted by Officer Joseph S. Dorobek. In my seventy six years of life, I can count on one finger the times I’ve had to call the “Serve and Protect” guys. And that was only at the insistence of my Insurance agent who had refused to pay the claim until the police were notified.

It did not escape my attention, as I explained to my Insurance agent “Why call the police now? the burglars are already gone, along with my stuff. I’m sure most people fail to notice that the police only show up after a crime; Not before, so where then does the “Protect” come into the equation. It should also be noted; to this day, that the police have never caught the burglar or returned any of my stuff.

When I was ten years old, I and some of my friends went to the East-town theater, I saw my first Frankenstein move. That night when my mother told me to go upstairs and go to bed, I refused as I was sure Frankenstein was waiting up there under my bed to get me. I was so scared, I almost shit my pants. In my feverish state of mind, I even thought my mother was conspiring with Frankie so that he could get me. It took me a few years of growing up to figure out, Hollywood was about making movies and money, if they had to scare the shit out of a ten year boy, so be it.

The “Protest and Serve” police join a long list of groups and people who use the fear factors to promote their own agenda for their own benefit. And of course the police can protect you from most of them.

You might recall some of them; The black man is coming to rob you and take your white women, the brown man is coming to take your jobs, the government is coming to take your guns, the IRS is coming to get your money, the devil is coming to get you for sinning, but then of course you can purchase absolution from guess who?

And who among us could ever forget; “Reefer Madness” the propaganda film that was sure to send you out into the streets beginning a career of robbing and raping and those were only two of the milder things that could happen after just one puff. I’m sure the big pharmaceutical companies had much to do with this as they also had their fears of losing their addicted customers.

And of course the police were always there to protect you from all this mayhem and madness, all except the devil and IRS, these areas are covered by your local church and lawyers.

And then we come to the granddaddy of all fears; The “Terrorist” you might remember him? They were that group of rag tag guys we saw on Fox News, swinging on monkey bars somewhere over in Afghanistan. The “Terrorist” were primarily the responsibility of the US army and Geo Bush. But then we discovered some of those “Terrorist” hiding in something called a cell, here in America.

So now we would need to call in the local police departments to protect us. The Army was so appreciative of the police help, they gave much of their equipment to help protect us from this new threat. The police were always there to protect us no matter where that threat might come from.

As we saw on January 26th 2015, when this elite “Protect and Serve” police force, discover a 17 year old unarmed girl sitting in a car, in an alley on the east side of Denver, putting four bullets in her, resulting in her tragic death and suffering of all those who loved her.

It is heartbreaking to look into the eyes of this young woman, Jessica Hernandez and see her as a threat and to think she was murdered by the Denver Police Department with no repercussions to any of her killers. You might think I’m being too hard on the Denver Police Department. Well!

We have all seen those funeral processions as they wind their way to the graveyard escorted by the “Protect and Serve” police. Not quite sure why a deceased person needs protection or what the hurry is to get them in the ground but my question is; Did those same “Protect and Serve” police that murdered this young girl, also escort her hearse to the graveyard? This is just too difficult and emotional to think about.

NE Patriots are serial cheaters, so are their namesakes. The unfair advantage is an essential of Capitalism.

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First the New England Patriots got caught spying on their adversaries, now they’ve been tweaking the air-pressure of their game balls to sneak a ballistic handling advantage. Rules be damned, Patriot quarterback Tom Brady prefers his ordnance two pounds psi shy, hollow-points –if you will– which are also against regulation. For how long have the Patriots been manipulating advantages? And how else? They weren’t satisfied with the home field advantage on Sunday. Maybe officials should bring protractors to investigate the Boston gridiron. A level playing field doesn’t likely suit the Patriots either.

OF COURSE it doesn’t. Who expects sportsmanship from “patriots?!” Patriotism is the antisocial insistance on your own cultural superiority. American exceptionalism is an endorsement of tactical superiority, covert war, disproportionate force, drones, extrajudicial assassination, death squads, snipers, collateral damage, and torture. Formal US policy is to FLAUNT international law. American materialism profits from insider trading, extortion, usury, and corporate hegemony uber alles! Why would our surrogate Sunday warriors pretend there is honor among thieves?

Of course America underinflates footballs to best our opponents. We also diligently deploy inspectors to ensure our intended defeatees can’t recallibrate theirs. Meanwhile our leaders dissemble when plausible deniability stretches thin.

Of course NFL officials are not discussing a Super Bowl disqualification for the recidivist Patriots. Instead they’re weighing minor penalties, no doubt manageable, if not tax deductible. If America’s best cheaters don’t advance to the Super Bowl, the outcome would be hypocritical. Go Team! America Fuck Yeah!

I’m kidding of course. Sack the quarterback, disqualify the Patriots, send whoever else to the Super Bowl, then march the entire US defense and offense departments to the Hague.

UPDATE 1/23:
While fans and media try to belittle the scandal (ie. “Deflate-gate” and “Ballghazi”), statisticians have noted a damning anomaly relating to the advantage gained from underinflated footballs. After the rules were changed to allow offensive teams to use their own footballs –Brady was among the quarterbacks lobbying for the change– New England’s ball handling superiority grew beyond the realm of probability.

Probably all teams know that well-inflated footballs fly further but underinflated balls are easier to grab. Maybe the purpose of making a personalized array of game balls available is so offensive teams can exploit alternate characteristics as needed. Maybe the NFL understood this when they granted the rule change. Maybe the Patriots just couldn’t pass up every opportunity to cheat, until the statistics made plain their greed. Whether by hubris or head-injury numbskulledness, Tom Brady and his receivers thought they coud break PT Barnum’s rule too.

The American Dream hinges on equality of opportunity and fair play, but of course Capitalism idealizes the unfair advantage.

Btw I abhor the theatre of corporate sports, but when it exposes the reek of America’s national character, I like to make sure to smell it.

Je Suis a Goddamn Neoliberal Meme… Je Suis Charlie, Neda, Kony, Save Dafur

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40 world leaders march for Charlie Hebdo
A million people mobilized in Paris, including 40 WORLD LEADERS!? How long have their limousines been queued? I usually brag that our corporate foes can’t manufacture consent in the streets, except when they do.

I AM NEDA, KONY 2012, SAVE DARFUR, now JE SUIS CHARLIE are purely neoliberal consolidations of public support. They’re televised Nurenburg rallies masked as spontaneous demonstrations. Add “I AM ___” to “______ Spring” and colored revolutions as dead giveaways of psy-op inspired counterrevolution.

With NYPD turning their backs on their mayor and Westboro Baptists making the protest of soldiers look unreasonable, the choices are narrowing for activists who want to define their struggle with tactics not splooged upon by the lumpen knee jerk Fascists.

A woman approached me yesterday at an anti police brutality demonstration in solidarity with Ferguson. She agreed with the cause, but wanted to know why we weren’t also speaking out for abused children, for example those thrown off bridges by deranged parents. While child abuse has its systemic causes, the answer highlights what differentiates insurgent demonstrations from the false. People take to the streets to challenge power, not to gang up with power to further its oppressive agendas.

Duh. Except the lure of popular causes seems to be irresistable to social justice types normally starved for public support. I saw the “Save Darfur” project twist and fracture my local peace community. Obama Lincoln 2008 had the same effect, another socially engineered bandwagon.

I’m not galled by the hypocracy of world leaders “marching” in Paris, pretending to stand for press freedoms. I’m upset my the millions of Frenchmen duped into attending their photo-op. Those millions of Frenchmen in the same street should have trampled the World Bank kapos underfoot, instead of pretending the corporate cabal were people too.


(Remember when I AM NEDA protests failed to tie a viral snuff vid to false accusations of election fraud in Iran?)

Michael Brown’s killers felt mocked by St Louis Rams “Hands Up, Don’t Shoot”

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St Louis Rams
Maybe St. Louis police were offended by the NFL Rams’ “HANDS UP, DON’T SHOOT” salute because police would never consider brutalizing wealthy black football players. I doubt it, but this could suggest that police abuse of power is about CLASS more than race. That St. Louis police feel it is their place to tell African American players how to act would confirm this is about RACE.
 
In other Ferguson news, African American church leaders tell Ferguson protesters to go to hell. While students and solidarity activists organize protests nationwide, spiritual “community leaders” have been gathering in churches in a coordinated effort to ease police-community relations. Some of these are even religious ceremonies which feature law enforcement commanders as honored guests. “Make Change Not Noise” read a local program. The fence-sitters are forgetting that President Obama already got the CHANGE thing covered.

Ebola kills 4,000 in Africa but US has temerity to call its first “Patient Zero”

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RIP Thomas Eric Duncan. Thankfully there is now some sympathetic coverage of the Ebola victim who traveled to the US from Liberia. It turns out Duncan wasn’t by definition a selfish refugee who lied to immigration officers. He can hardly be tagged “patient zero” unless an outbreak can be traced to him. We have no idea whether Duncan is the only infected traveler to exit West Africa undetected.