"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘Overcriminalization’

With Liberty & Justice for 1%: America’s Three-Tiered Justice System

In Uncategorized on March 26, 2013 at 7:08 pm

Attorney General Eric Holder speaks to reporters at the U.S. Capitol in Washington, June 19, 2012. On March 6, testifying before the Senate Judiciary Committee, Holder indicated that some banks may be too big to prosecute. (Photo: Jonathan Ernst / The New York Times) Oldspeak: “Big shots are above the law, the government now admits, but a three-tiered justice system has Congress churning out new bills to keep the prison industry booming. Our Congress, acting as an agent of Corporate America, is working assiduously to issue ever more novel and oppressive laws so as to keep the machinery of law enforcement operating.”- Mike Lofgren It’s no secret that inequality in the U.S. is at an all time high, surpassing the madness seen during the great depression. The top 1 percent of households by income captured 121 percent of all income gains between 2009 and 2011. This inequality concurrently permeates most every other system in our society. Education, employment, energy, social, environment, food production. And the justice system is no different.  We are living in a time where there are people for which “there is neither law nor redress. Where international treaties may apply, such as the Geneva Convention or treaties against torture, they are assumed not to exist for purposes of official US government conduct.” Where people disappear, indefinitely, based on secret charges made in secret courts. Where where Americans can be targeted for “disposition”, based on the judgment of one man. Where citizens can be constantly watched. All while the rich rape, pillage murder, and control. Above the law, free of empathy or conscience, with no fear of punishment. This status quo cannot continue to be so.

By Mike Lofgren @ Truthout:

Equal Justice under Law,” is the motto inscribed on the frieze of the United States Supreme Court building.

Sticklers for semantics say that the modifiers “equal” and “under law” in the Supreme Court’s motto are redundant, because justice by definition is equal treatment under a system of written and publicly accessible rules. Whether that is the case is precisely what is at issue in America today.

Tier I: The Great and the Good

Events since the collapse of Lehman Brothers in September 2008 have provided plenty of fodder for the belief that there is one law for the rich and another for the common clay. Practical as opposed to explicit inequality before the law is common in societies all over the world; it usually boils down to how legal procedures are applied as opposed to what the letter of the law is on the statute books. Officials who are pledged to uphold the law will invariably protest that they are neutral and unimpeachable executors of justice and that it is unthinkable to suggest they are administering a rigged system. Honi soit qui mal y pense! (“Shamed be he who thinks evil of it.”) is their usual indignant attitude when the rabble becomes pushy.

It is unclear if there was a rare outbreak of candor among officials in Washington during the past two weeks, or whether they simply calculated that the system has so completely slipped from public control that it doesn’t matter if forbidden truths are spoken. On March 6, testifying before the Senate Judiciary Committee, Attorney General Eric Holder stated the following: “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy.” Yes, well, that could explain it. When the banks hold a gun to the head of the economy, it is no longer the relationship between regulator and regulated, but a hostage relationship. A relationship made even more complex, no doubt, by the fact that the hostage-taker is also the principal corporate funder of the bosses of the putative hostage negotiators.

Apparently none of his senatorial interrogators had the wit to ask the following of the attorney general: Why would criminally prosecuting a handful of senior executives at a financial institution be more economically damaging than levying a civil fine? HSBC’s $1.9-billion settlement with the Justice Department for money-laundering is almost derisory in view of its $21.9 billion in global profits during the past year, but if anyone is going to suffer from that small subtraction from the bank’s revenues, it is likely to be shareholders and depositors who had nothing to do with the crime rather than the management who committed it. And even in an extreme situation, where most or all of a bank’s management were criminally involved, the government could seize the bank and operate it as a conservator in the manner of the Federal Deposit Insurance Corporation. Innocent stakeholders would be protected, thus nullifying Holder’s fear-mongering about endangering the world economy.

Thus it requires only a moment’s thought to conclude that it is not the size, complexity or fragility of the financial system that stays the hand of criminal prosecution, but the status of the persons within those institutions. Apparently, robbing a bank is a criminal activity depending which side of the teller’s window you are on and whether you are upper management or a $12-an-hour cashier. The Senate has given no indication of being overly concerned: After a perfunctory hearing, the Banking Committee favorably reported the Wall Street-connected Mary Jo White to the full Senate for confirmation as chairman of the Securities and Exchange Commission. The dead giveaway that the fix was in was the fact that committee Republicans, who ordinarily obstruct nominees purely out of habit, did not raise a peep of objection. White, like Holder, is not a fan of prosecuting the executives of big banks.

Tier II: The Great Unwashed

Perhaps the big shots are above the law. This does not mean, however, that the mighty wheel of justice does not turn in this country. Somebody must be getting prosecuted, given that the United States has more incarcerated people in its jurisdiction than any other country, including China, which has four times our population. The incarceration rate is no accident: The vast accretion of harsh punishments for essentially victimless crimes like drug possession, mandatory minimum sentences and “three strikes” provisions in many state laws virtually guarantee the highest rate of imprisonment since the days of Stalin’s gulags.

Our Congress, acting as an agent of Corporate America, is working assiduously to issue ever more novel and oppressive laws so as to keep the machinery of law enforcement operating. Even the right of possession and free use of an article legally obtained by legitimate purchase, a right celebrated by libertarian economists, can be nullified when corporations deem it necessary to extract rents. Pursuant to the Millennium Digital Copyright Act, it is now illegal to alter a cell phone that you bought and paid for if you are dissatisfied with the service provider that the phone manufacturer has an exclusive agreement with. How illegal? – a $500,000 fine and five years in prison (double for repeat offenders). Apparently citizens no longer have a freehold in this country; they are instead serfs dwelling on a feudal demesne at the sufferance of their corporate landlords.

State legislatures have kept up with Congress in this endeavor. One might think the exposure of animal cruelty and unsanitary conditions in the corporatized farming and food processing industries would cause lawmakers to be indignant against the perpetrators and desirous of protecting the safety of the food supply. But no, state legislatures have directed their fury against the citizen-activists who exposed the wrongdoing by levying heavy penalties against surreptitious photographing of the outrages.

With draconian sentences looming over defendants, it is no wonder that most criminal processes end in plea bargains rather than jury trials: Even an accused person believing himself innocent may plead guilty to lesser charges (charges that still land him in prison, albeit for a shorter term) rather than face either bankrupting legal fees or suffer an incompetent appointed counsel and the possibility of a sentence lasting decades.

Incompetent or not, even the constitutional right of counsel is not always provided, as the attorney general himself has admitted. The big banks, with their extensive in-house legal departments and endless reserves of cash, have no such worries. Their attorneys are skillful enough, and have sufficient resources, to file change-of-venue motions so as to escape the wrath either of unfriendly judges or – one of the worst engines of injustice since the Inquisition – demagogic district attorneys itching for higher office and lusting for juries to inflame. As a practical matter, ordinary citizens have no such protection.

Some officials have conceded the infeasibility of locking up more and more people, perhaps less because of the ethical issues involved than because of the fiscal drain attendant with incarcerating so many bodies. Traditionally a function of the state, prisons represent a large input of taxpayer dollars whose only output, other than license plates, is a social sense of safety and security (an intangible and hard-to-prove value). But Corporate America has come up with an answer to that as well: the private prison industry. In addition to promising security, the growing private prison lobby can offer a much more tangible benefit to politicians: campaign donations. We can be sure that consultants for this industry will invent more and more ingenious felony statutes for state legislatures to pass into law so as to keep their prisons full and profits flowing, as we have already seen happen in Arizona.

Tier III: The Untouchables

Thus far we have dealt with the law: law that is perhaps hatched with malign intent, corruptly enforced and unequally applied, but at any rate law that exists openly in the US Code or the state statutes. But justice for foreigners and discrete categories of American citizens enters the realm of the Wild West, where there is neither law nor redress. Where international treaties may apply, such as the Geneva Convention or treaties against torture, they are assumed not to exist for purposes of official US government conduct.

Should the plaintiff, a group like Amnesty International, say, argue on behalf of injured parties before a United State court, the plaintiff lacks standing because he is not an injured party. Should the injured party himself seek redress, he lacks standing because of his status at the time of the alleged crime. Should all else fail, and the court needs to avail itself of some excuse not to hear the case, it employs the state secrets privilege, a completely fictitious, made-up doctrine deriving from an incident whereby the executive branch, in asserting that classified information would be revealed, committed perjury. There was no classified information, but the rabbinical automatons of the federal judiciary have pretended for the past 50 years that the government’s having lied about whether a fatal plane crash involved classified information must henceforth and forever be twisted into a reason why the government’s assertions about classified information must always be taken as true, definitive and legally binding.

One suspects a similar morass of dishonesty lies behind the present administration’s policy on the use of drones for the purposes of assassination. For instance, in deciding to carry out assassinations, did President Obama or his predecessor go to the trouble of revoking Executive Order 11905, Executive Order 12036, or Executive Order 12333, all of which prohibit assassinations? Or were they merely reinterpreted to mean that a ban on assassination means “not unless you really want to?” Unquestionably the latter, because someone deemed it useful to keep the old executive orders on the books as sacred artifacts one could point to as examples of how virtuous we are – much in the same manner as the Roman curia, ever rife with corruption and intrigue, is charged with regulating the veneration of holy relics.

As for when the policy is to be implemented, the administration has done its best to keep that secret. It has maintained a close hold on the alleged documents describing the policy in detail, but has purposely leaked a white paper that supposedly summarizes the policy. Here one gets a sense of ad hoc improvisation: Since John Brennan and other administration officials had already publicly stated that drone strikes were only used to disrupt “imminent” threats of attack, the white paper appears to have been engineered ex post facto to prevent the administration from being constrained by Brennan’s words. In the paper itself “imminent” is gradually redefined over the course of several paragraphs so that it no longer means a criminal action is temporally nigh, but rather inheres in the status of the individual so targeted. Thus are certain persons beneath the law: Their status assumes their intended action, so they are fair game for assassination.

The white paper qualifies this startling legal theory (which is rather similar to the Commissar Order, albeit the shooting occurs at greater distance) by helpfully stating that such operations would not be conducted if civilian casualties would be “excessive.” One supposes the definition of the term “excessive” is as elastic as that of “imminent;” in any case unofficial estimates suggest civilian casualties in the thousands, including several hundred children.

One is tempted to conclude that there really is no administration-level drone policy, let alone one constrained by law, except a sham one, which is cobbled together after the fact to construct a plausible justification whenever complaints arise. At the lower level, drone employment is constrained neither by the military code, nor the laws of war nor by any other applicable treaty. It is probably just an intelligence-driven target set applied to a checklist: Does target X-ray fit “terrorist signatures” alpha, bravo, charlie and delta? If the boxes can be checked, the government operative (or contractor) hits the switch.

None of this should be surprising. Since the Moro uprising in the Philippines, American exceptionalism as it operates abroad has been built on hecatombs of corpses. That it doesn’t bother the American public should not be surprising given the human capacity for moral compartmentalization. But lawlessness abroad cannot be walled off from domestic life: impunity for oligarchs, draconian sentences and bulging prisons for those lacking privileged status, and casual death for those beneath the law and even innocent people in the vicinity, are at bottom inevitable and inseparable once the rule of law is compromised. Apocryphal perhaps, but the following exchange describes the present American dilemma:

William Roper: So, now you give the Devil the benefit of law!
Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
Roper: Yes, I’d cut down every law in England to do that!
More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!

Mike Lofgren

Mike Lofgren retired on June 17 after 28 years as a Congressional staffer. He served 16 years as a professional staff member on the Republican side of both the House and Senate Budget Committees.

 

‘We’re Going To Have More Visibility & Less Privacy': NYC Mayor Bloomberg Admits Soon NYPD Surveillance Cameras Will Be On Nearly Every Corner & Drones In The Sky

In Uncategorized on March 26, 2013 at 4:39 pm

New York  Manhattan 59th St 5AV Plaza Hotel . NYPD Security Camera in front Central park .( Marcus Santos for the NY Daily News )Oldspeak:‘You wait, in five years, the technology is getting better, they’ll be cameras everyplace . . . whether you like it or not. The argument against using automation is just this craziness that ‘Oh, it’s Big Brother.’ Get used to it!’ -Michael Bloomberg. Coming soon to a city and town near you: Total Information Awareness! All your movements, communications and activities, constantly observed, analyzed and assessed by parties unknown.  This little story in the News documenting a chilling moment of candor managed to pass without much notice. When tech billionaires start telling you that you should get used to a life where Big Brother is always watching it is significant, especially when he sees it as sure to come as “you can’t keep the tides from coming in.” This man is brazen enough to say omnipresent, constant surveillance is a going to be an unavoidable part of a brave new and “different world, uncharted“. There are already 2 of the same cameras shown above on the main thoroughfare in my neighborhood not more than a couple blocks from each other. This will be our 1984 world.   Where drones surreptitiously peep into people’s windows. Where your DVR watches and listens you via “ambient action” technology and all cameras use face recognition. Face recognition is already being marketed as something cool.  It’s already being used to sell you shit you don’t need.  Now it will be used to keep track of you. Your privacy be damned. This is how the surveillance state protects the interests of the rich and ignores the interests of everyone else. Unless of course your interest is to by something from them.” “Ignorance Is Strength”, “Profit Is Paramount”.

By Tina Moore @ The New York Daily News:

Big Brother is watching. Now get used to it!

Envisioning a future where privacy is a thing of the past, Mayor Bloomberg said Friday it will soon be impossible to escape the watchful eyes of surveillance cameras and even drones in the city.

He acknowledged privacy concerns, but said “you can’t keep the tides from coming in.”

“You wait, in five years, the technology is getting better, they’ll be cameras everyplace . . . whether you like it or not,” Bloomberg said.

The security measures have drawn scorn from some civil libertarians — but Bloomberg scoffed at privacy concerns on his Friday morning program on WOR-AM.

“The argument against using automation is just this craziness that ‘Oh, it’s Big Brother,’” Bloomberg said. “Get used to it!”

RELATED: DRONES SOON PART OF REPORTER’S ARSENAL

The New York Civil Liberties Union has documented nearly 2,400 surveillance cameras fixed on public spaces in Manhattan alone. Many are operated by the police, others by poroperty owners.

In Lower Manhattan, an initiative developed after 9/11 known as the “Ring of Steel” integrates the NYPD’s cameras with those of banks and other institutions.

But in the future, the cameras won’t just be planted on buildings and utility poles. Some of them will be able to fly, the mayor pointed out.

“It’s scary,” Bloomberg said. “But what’s the difference whether the drone is up in the air or on the building? I mean intellectually I have trouble making a distinction. And you know you’re gonna have face recognition software. People are working on that.”

Bloomberg warned that drones would be able to peep into private residences – but that Peeping Tom legislation could help maintain some privacy.

“It’s just we’re going into a different world, unchartered,” he said.

“We’re going to have more visibility and less privacy. I don’t see how you stop that. And it’s not a question of whether I think it’s good or bad. I just don’t see how you could stop that because we’re going to have them.”

tmoore@nydailynews.com

Overcriminalization Begets Stop & Frisk-Gate: New York’s Police Union Worked With the NYPD To Illegally Set Arrest And Summons Quotas

In Uncategorized on March 20, 2013 at 1:03 pm

https://electedface.com/images/Artical_Images/6%20stop%20and%20frisk.jpgOldspeak: “Behold! The fruits of Prison Industrial Complex Overcriminalization! Specific targeting of communities of color for “Law Enforcement”, like suspicion-less stop and frisks, bogus arrests and baseless summonses to meet “performance goals”.  All while the police union denies it’s even happening. At a time when crime in NYC is at record lows, police are still being pressured to make more arrests and issue more summonses, mostly to people who’ve done nothing wrong.   Not meeting “activity goals” = bad cop. This opens them up to various forms of retaliation and punishment. Why?  The Prison Industrial Complex needs fuel to keep stay in business, grow larger and larger with profits. That fuel must be extracted at all costs.  Poor people of color are its fuel.  It is why more black men are in prison now, than were slaves in 1865. It’s why black and brown people are overrepresented in the U.S. prison system.  It’s why brown people are being stopped, seized, detained and deported at historic rates. It is why America accounts for 5% of world population, but close to 25% of the worlds prison population and imprisons more people than any nation on earth. Law enforcement and mass incarceration is big business in America. And rank and file officers sadly are stuck in the middle.  Being encouraged by superiors to make bogus stops, arrests and summons at the end of their shifts to collect overtime, thus engaging in fraud to meet “activity goals” and make more money. Being forced to act unlawfully and untruthfully to keep ‘the numbers game’ going.  You can bet that this practice is not particular to New York. This revelation should provide powerful grounds for stopping NYPD’s racist and illegal Stop and Frisk policy.”

Related Stories:

AUDIO: New York’s Police Union Worked With the NYPD to Set Arrest and Summons Quotas.

Stopped-and-Frisked: ‘For Being a Fucking Mutt’ [VIDEO]

The Hunted and the Hated: An Inside Look at the NYPD’s Stop-and-Frisk Policy

By Ross Tuttle @ The Nation:

Audio obtained by The Nation confirms an instance of New York City’s police union cooperating with the NYPD in setting arrest quotas for the department’s officers. According to some officers and critics of quotas, the practice has played a direct role in increasing the number of stop-and-frisk encounters since Mayor Michael Bloomberg came to office. Patrolmen who spoke to The Nation explained that the pressure from superiors to meet quota goals has caused some officers to seek out or even manufacture arrests to avoid department retaliation.

The audio could be included as evidence in the landmark federal class action lawsuit Floyd, et al. v. City of New York, et al., which opened yesterday in US District Court for New York’s Southern District and which was brought forward by the Center for Constitutional Rights.

The audio, recorded in 2009 by officer Adhyl Polanco, is part of a series of recordings originally released to the media that year, and a selection first aired on WABC-TV in 2010. But WABC-TV used only a small portion of the recordings, and did not air the union representative’s explosive admission.

“I spoke to the CO [commanding officer] for about an hour-and-a-half,” the Patrolmen’s Benevolent Association delegate says in the audio recording, captured at a Bronx precinct roll call meeting. “twenty-and-one. Twenty-and-one is what the union is backing up…. They spoke to the [Union] trustees. And that’s what they want, they want 20-and-1.”

“Twenty-and-one means twenty summonses and one arrest a month,” says a veteran NYPD officer who listened to the recording, and who spoke to The Nation on the condition of anonymity. Summonses can range from parking violations, to moving violations, to criminal court summonses for infractions such as open container or public urination.

“It’s a quota, and they [the Union] agreed to it,” says the officer. “It’s crazy.”

“Many officers feel pressure to meet their numbers to get the rewards that their commanding officer is giving out,” says John Eterno, a former police captain and co-author of The Crime Numbers Game: Management by Manipulation. But if an officer’s union delegate is also pushing the numbers, “this puts inordinate pressure on officers, getting it from the top down and getting it from the union.”

The plaintiffs in the Floyd case allege that the New York Police Department’s stop-and-frisk policy results in unconstitutional stops based on racial-profiling. The department’s emphasis on bringing in arrest and summons numbers has caused officers to carry out suspicion-less stops in communities of color.

As Polanco explained in court today, his superiors would often push him to carry out this specific number of summons and arrest stops per month:  “20-and-1, they were very clear, it’s non-negotiable, you’re gonna do it, or you’re gonna become a Pizza Hut delivery man.”

“There’s always been some pressure to get arrests and summonses,” says Eterno. “But now it’s become the overwhelming management style of the department. It has become a numbers game. They have lost the ability to see that communities are dissatisfied with this type of policing, especially minority communities. They are the ones being overly burdened for doing the same sorts of things that kids in middle-class neighborhoods are doing—only they’re getting records because officers have to make these arrests.”

When asked for comment, Al O’Leary, a spokesperson for the Patrolman’s Benevolent Association, said: “The PBA has been consistently and firmly opposed to quotas for police activities including arrests, summonses and stop-and-frisks. These are all effective tools for maintaining order when they are left to the discretion of individual police officers but become problematic when officers are forced to meet quotas. This union has sought and obtained changes to state law making quotas for all police activities illegal. We have sued and forced an individual commanding officer to stop the use of illegal quotas and will continue to be vigilant and vocal in our opposition to police activity quotas.”

* * *

Physical evidence has periodically surfaced of the existence of numerical arrest targets for NYPD officers, though arrest and summons quotas for police have been illegal in New York State since 2010. Precinct commanders defend their right to set productivity goals for their staff—but what the department defines as productivity goals can have the force of quotas when officers are subject to retaliation for not meeting them.

Cops who have spoken to The Nation say that retaliation can take many forms, including denied overtime; change of squads and days off that can disrupt family obligations like taking children to school or daycare; transfers to boroughs far from home in order to increase their commute and the amount they’ll have to pay in tolls; and low evaluation scores.

Officers even reported being forced to carry out unwarranted stops to fulfill the summons and arrest numbers. In a second recording obtained by The Nation, a captain addressing a roll call in the same Bronx precinct illustrated how such retaliation plays out.

“When the chief came in…[he] said: ‘you know what, you really can’t reduce crime much more, the guys are doing a great job,’” the captain can be heard saying in the rough audio. “[He] said that we can…get some of our people who aren’t chipping in to go to some locations [where we are] having problems, and give them [the area’s residents] the business…”

The recording continues: “That’s all we’re asking you to do, that’s all, that’s all. And if we do that, everyone chips in, it’s fine. It’s really nonnegotiable. ’Cause if you don’t do it now, I’m gonna have you work with the boss to make sure it happens.”

“If you don’t meet the quota, they will find [activity] for you,” another veteran officer explained to The Nation. “The sergeant will put you in his car and drive you around until whatever he sees he will stop and tell you to make an arrest or write a summons, even if you didn’t observe what he said it was.”

Sometimes these are legitimate stops, but other times, they’re bogus: “The sergeant told me to write two minorities for blocking pedestrian traffic,” the anonymous officer said, “but they were not blocking pedestrian traffic.”

The pressure for numbers, say cops, is unrelenting, and it’s leading to high anxiety and low morale. And that the union, an organization that is supposed to have officers’ interests at heart, is involved in the setting of quotas is mystifying, says one cop.

It’s all the more problematic given the union’s very vocal and public stance against quotas, such as in their ad campaign, “Don’t Blame The Cop,” which tries to engender sympathy for the officers who are pressured to write tickets and arrest motorists. “Blame NYPD management,” it says.

This development also signals to officers that there is one fewer place they can go to register their concern about departmental policy and practice. “I feel foolish for having gone to my [union] delegate with my complaints,” says one officer who has been unsettled by the continued pressure to meet quotas.

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Adhyl Polanco, the officer who recorded the audio and first brought it to the attention of the press, has since had charges brought against him by the department for writing false reports—the same false reports he pointed out to the department’s Internal Affairs office as evidence of the quota system. Polanco maintains these and other charges against him and other officers who have spoken out are evidence that the department is retaliating against him and others for blowing the whistle.

The NYPD has just surpassed 5 million stop-and-frisks during the Bloomberg era. Most stops have been of people of color, and the overwhelming majority were found innocent of any wrongdoing, according to the department’s own statistics. And though the number of stops may have gone down recently—as pressure on the department and increased awareness of the policy has officers and supervisors thinking twice about how they employ the practice—the existence of quotas ensures that New Yorkers will continue to be harassed unnecessarily by the NYPD.

“The way I think about it,” says a patrolman, “is, say a fireman is told by a supervisor, we need you to put out fifteen fires this month. And if you don’t put out fifteen fires you’re gonna get penalized for it. So if he doesn’t find fifteen fires to put out, is that his fault? It’s not. But the fireman might even go out there and start setting fires, causing fires, just so he’s not penalized or looks bad…. And that’s kind of what the police officers are doing.”

What are the plaintiffs in the Floyd v. City of New York case fighting against? Watch the exclusive video of a stop-and-frisk encounter gone wrong.

Editor’s note: This piece has been edited since publication to reflect the response of the Patrolmen’s Benevolent Association. Voices in the above video have been altered to protect the identities of the officers interviewed.

Open Season On Young Black Men In America Continues: NYPD Cops Shot 16-Year-Old Kimani Gray While He Was On The Ground

In Uncategorized on March 19, 2013 at 3:11 pm

Carol Gray, mother of Kimani Gray, 16, killed by police after he allegedly pulled a gun Saturday night, talked about the lingering doubts about the police story at Councilman Charles Barron's office in East NY Brooklyn this afternoon. The shooting has led to several nights of rioting and arrests. HERE, picture of Kimani and mom two years prior. March 14, 2013 (Photo by Todd Maisel, New York Daily News)Oldspeak: “Details are still emerging in this latest police shooting of a young black man in a poor neighborhood. Troubling details like the 2 cops involved have a notable history of violent civil rights violations, fabricating and falsifying evidence, and unconstitutional and aggressive stop-and-frisk practices.  Now this latest witness revelation that these violent and aggressive “peace officers” stood over and continued to shoot this frail, 5’6″, 100 pound child to death.  Then threatening the lives of witnesses asking why the officers shot the child so many times. This boy was shot to death after he  “adjusted his waistband in a manner the officers deemed suspicious.” According to friends, cops have been harassing  Kimami for some time and “were out for him“, even making fun of his older brother’s death in a car accident 2 years ago. The cops say they shot him because he pointed a .38 revolver at them.  All the news stories make a point of this and that the revolver he pointed was recovered at the scene. Yet NYPD has not as yet clarified the source of this claim.  “The scene” is a decent sized space. Was the gun recovered near Kimani’s body? It wasn’t fired. Did it have Kimani’s fingerprints on it?  Is it police protocol to shoot people before identifying themselves as police officers? Why after the child fell did the cops continue shooting, getting close enough stand over him while doing so, instead of tackling and subduing him physically? When analyzing a case where the officers have a history of excessive force, false arrests, illegal stop and search, falsifying and fabricating evidence, these are crucial questions that are not being asked? Why? I’m thinkin these crucial details are being left out for a reason.  This is a crystal clear example the unconstitutional  and racist practice of stop and frisk gone deadly wrong. Hot headed violent officers seeing suspicion where there was none, unidentified & aggressively approached a youth, who had a gun that no other publicly identified witnesses saw and fired on him repeatedly, ultimately close enough to be right on top of him while he was on the ground, without attempting to first identify themselves and diffuse the situation. This is ginormous lawsuit waiting to happen, on account of officers who’ve already cost the city 215,000 dollars in lawsuits. I’ll be very curious to see what this  investigation finds.”

Related Stories:

Voices from Brooklyn: Racial Profiling’s Part of Everyday Life Here

Oscar Grant, A Victim Of American Fear: Decades After The Civil-Rights Era, Cops Shooting Unarmed Black Men Is Barely A Crime

By Ryan Devereaux @ The Village Voice:

The only publicly identified eyewitness in the killing of a Brooklyn teen by two New York City police officers is standing by her claim that the young man was empty-handed when he was gunned down, and now says one of the cops involved threatened her life.

In an extended interview with the Village Voice Saturday night–one week to the day after 16-year-old Kimani Gray was killed–Tishana King, 39, provided new, vivid details about the 10th-grader’s final moments.

King said one officer stood “right over” Gray, continuing to shoot him while he was on the ground, and that neither cop identified himself as law enforcement when the incident began.

Read More:
Tensions Mount After Police Fatally Shoot Brooklyn Teenager Kimani Gray
Eyewitness “Certain” Kimani Gray Was Unarmed When Police Shot Him
Police and Protesters Clash at Kimani Gray Vigil in Brooklyn

Sgt. Mourad Mourad, 30, and Officer Jovaniel Cordova, 26, were identified as the officers involved in the shooting. Both are decorated members of the NYPD who have been involved in prior non-fatal shootings and received awards for their actions. They have also been targeted in five federal lawsuits stemming from allegations ranging from illegal stop-and-frisks to physical abuse, costing the city $215,000. Both have been placed on administrative duty while the investigation continues.

The police department says the officers were patrolling in East Flatbush in an unmarked car around 11:30 p.m. last weekend when they spotted a group of young men, one of whom adjusted his waistband in a manner the officers deemed suspicious. According to the police, the individual broke away from the group as the officers approached.

In a statement last week, NYPD spokesman Paul Browne said, “After the anti-crime sergeant and police officer told the suspect to show his hands, which was heard by witnesses, Gray produced a revolver and pointed it at the officers, who fired a total of 11 rounds, striking Gray several times.” A loaded .38-caliber Rohm’s Industry revolver was recovered at the scene.

Whether or not Gray had a gun, King said she never saw one pointed at the police. “I can’t say if they had one on them or not, but no one had a gun pointing at the cops,” she told the Voice.

King’s account, which contradicts the NYPD’s version of the events on key points, builds on what she first said in a New York Daily News article published last Tuesday. King told the paper she was “certain [Gray] didn’t have anything in his hands.” The article described a tape-recorded interview she gave to police investigators hours after the shooting. A police spokesman told the paper that when investigators asked King what she saw, she told them “she couldn’t see what the boys were doing ‘from the angle I was at.'”

But King told the Voice that from her third-floor vantage point, “I can see everything.” A street light illuminates the area where the incident took place.

Speaking to the Voice on her stoop Saturday evening, King made her first comments on the case since NYPD responded to her claims. She confirmed that she was interviewed by police–“about two hours after” the shooting–and says she has not been interviewed by the department since.

When asked if she saw a gun at any point during the incident, King told the Voice, “No. Not from the kids.”

An internal NYPD report cited by the Daily News stated that the officers wore badges around their necks. King said she didn’t see any: “No. No badges.”

NYPD commissioner Ray Kelly has said the department has three “ear witnesses to the shooting,” two of who said they heard the officers say “Don’t move” and a third who claims to have heard an officer ask, “What do you have in your hands?”

King claims the officers said only one thing after stepping onto the sidewalk, “‘Don’t move.’ That’s it.”

Gray was shot “on the sidewalk” two driveways down from her building, King says, near the home of a pair of twins he often visited. The kids hadn’t been around much in recent months, she added. King said she was in bed when the sound of loud voices and laughter drew her to her window last Saturday night.

“That’s why I looked out,” she said. ” To just see, ‘Oh, hey, what’s going on?’ Then when I saw it was the kids visiting, I said ‘Oh, okay.'”

Peering out from the third-story of her brick building, King claims to have seen “about seven to eight” young people. She said they had only been gathered for “maybe a minute or two” before the police arrived. “There was no suspicious behavior. The worst they were doing, laughing out loud and, you know, talking loud. That’s about it,” King said.

When asked if she recognized any of the kids, Gray said, “Just a few. I know the twins because they’re my direct next-door neighbors.” In addition to the twins, King also claims to have been familiar with Gray, though prior to the shooting she says she knew him only by his nickname, “Kiki.”

“I know him from his friends and always being in the neighborhood and visiting the twins,” she said. “He’s always a frequent visitor.” King said she recognized Gray’s voice outside the night he was killed.

King could not confirm what direction Gray was facing at the time he was shot. “I’m not the shooter. I wouldn’t be able to tell you. If I had the gun and I was shooting at him I’d be able to answer that question,” she said. King said the officers “looked white, from what I was seeing.” News reports have indicated, however, that Sgt. Mourad is Egyptian.

After the gunfire subsided, King claims the officer who “did the most shooting” put his hands on his head “like, ‘Oh my God.'” She describes him as “the main shooter.”

“That’s the one I was focused on,” she explained. “He just kept shooting while [Gray] was on the ground.” When asked how close the officer was when he was shooting Gray, King said, “right over him.”

“I thought he was dead,” King said. That’s when Gray began to scream. “‘Help me. Help me. My stomach is burning. Help me. They shot me,'” she said the teen cried out. Friends have said Gray was approximately 5’6″ and weighed at most about 100 pounds. King described him as “frail” and said she was surprised he was not killed instantly. “I didn’t think anybody could take those amount of bullets,” she added.

“I just remember screaming out the window ‘Why?! Why so much?!” King recalled. She claims the “main shooter”‘s partner–“with the short haircut”–responded.

“He started waving his gun up at our windows, myself and my neighbor. ‘Get your F-ing head out the window before I shoot you.'” King said she and her neighbor “jumped back.”

“I told the authorities that,” she said. “You threatened our lives and we didn’t even do anything.”

King says a number of questions continue to bother her. “Why did they exit their vehicles? Why were they in our neighborhood? Why were they on our block? What was the reason? Why didn’t you follow protocol?”

“The scene just keeps replaying in my head,” she told the Voice, “over and over and over and over and over again.”

Police State Overcriminalization Normalized: NYPD Cops Handcuff & Interrogate 7 Year Old Boy For Hours Over Missing $5

In Uncategorized on January 30, 2013 at 12:06 pm

http://gothamist.com/assets_c/2013/01/2013_01_cuffbig-thumb-640x693-770789.jpgOldspeak:”In a Police State, over criminalization is a way of life. Children (particularly those of  minority and or low socioeconomic status), like all other citizens, are potentially threatening to the State. They are treated like criminals.  It is acceptable to detain, arrest, handcuff, and interrogate children  for hours in a school and police station. Children are regularly treated this way. This is regarded as normal.”

By Jen Chung @ The Gothamist:

A fight over $5 between Bronx school children escalated to the point where the police were called and a seven-year-old boy was arrested, handcuffed, and kept in custody for 10 hours, according to the child’s family, who is threatening to sue the city for $250 million. When Wilson Reyes’ mother Frances Mendez arrived at the 44th Precinct, she was shocked to see her son handcuffed to the wall. Mendez said, “My son was crying, ‘Mommy, it wasn’t me! Mommy, it wasn’t me!’ I never imagined the cops could do that to a child. We’re traumatized… Imagine how I felt seeing my son in handcuffs! It was horrible. I couldn’t believe what I was seeing.”

According to the Post reporters who spoke to Mendez and took a photograph of her with the boy, the whole mess started when there was a fight over another child’s $5:

The money, which was supposed to be used for a school trip that never happened, had fallen on the ground in front of Wilson and two other boys, and one of them scooped it up. Wilson was falsely accused of taking it, and he scuffled with one of the kids.Officers showed up at PS X114 on Dec. 4 at about 10:20 a.m., and handcuffed and held Wilson in a room there for four hours. They then hauled him off to the 44th Precinct station house for another six hours of interrogation and verbal abuse, according to a $250 million claim against the city and the NYPD.

According to legal documents, another child admitted to stealing the money. But that’s little comfort for Mendez, who says that police refused to let her see her son: “When cops finally allowed the pair to see the boy, they found the panicked kid seated in a shabby chair with his left wrist cuffed to the wall, Mendez said. She quickly snapped a damning photo of the scene. ‘My sister and I started crying when we saw him,’ Mendez said.”

Her lawyer Jack Yanowitz said, “It’s unfathomable, what the police did. The whole thing sounds so stupid. They were interrogating him like he was a hardened criminal.” But the police claim that they were following procedure. NYPD spokeswoman Kim Royster told the Daily News, “The attorney is fabricating the amount of time the child was in custody.” She insists Wilson was only held for four hours and 40 minutes.

Other police sources tell the Post and Daily News that Wilson allegedly punched a child. The News reports:

The cop source close to the incident said the 7-year-old had been bullying the victim for some time, prompting the victim’s mom to call for a meeting with teachers and the suspect’s mom. “This kid is no angel, even though he may look like it,” the source said. “We made the arrest based on the complainant aggressively complaining about what the defendant did to him. This wasn’t something where one kid runs off with another kid’s basketball. This 7-year-old attacked someone and took his money. There’s a little more to this story than it appears.”

Further, the source points out that children seven to 17 can be charged as juveniles. “Everything was done properly,” the unidentified cop told the News, adding that the boy was given pizza during his detention. “He was arrested for a robbery. He was taken to the precinct and put in the juvenile room. His parent was allowed to see him.” Another source argues that “If we didn’t handcuff him and he ran out the front door, then we would have had an escaped prisoner on our hands.”

We’re all sleeping better at night for that! The NYPD has a history of handcuffing unassuming criminal types—like the 7-year-old special ed student, the 12-year-old who doodled on her desk, and the 15-year-old who used her student Metrocard.

Project Censored 2013: The Expanding Police State Tops Annual List Of Stories Underreported By Mainstream Media

In Uncategorized on October 19, 2012 at 5:48 pm

Oldspeak: While the silenced majority is inundated with innumerable distractions via technology,  infotainment, reality tv, materialism, sex, sport, endless scandals, & plutocratic politics, the police state grows.  Our environment is in peril. Our food supply is toxified and at risk of collapse. Our water is being poisoned at an ever faster rate, Our economic system is poised to collapse. A disproportionately black and brown prison labor/slave work force is replacing gainful employment. Immigrants are being purged at historic rates. Whole cities and regions of the U.S. are being sacrificed for corporate profit. Banksters and other multinational corporations have co-opted our representative government. Our civil rights to protest and petition our government have been constrained.  The five stages of collapse are upon us. Yet we hear nothing from corporate media about it. The good news is the awakening is in progress, world-wide. People are beginning to see the current exploitation and extraction based societal model is unsustainable moving forward.  The paradigm shift is coming. And it will be right on time.

Related Story:
Top 25 Underreported Stories of 2013

By Yael  Chanoff @ Boulder Weekly:

People who get their information exclusively from mainstream media sources may be surprised at the lack of enthusiasm on the left for President Barack Obama in this crucial election. But that’s probably because they weren’t exposed to the full online furor sparked by Obama’s continuation of his predecessor’s overreaching approach to national security, such as signing the 2012 National Defense Authorization Act, which allows the indefinite detention of those accused of supporting terrorism, even U.S. citizens.

We’ll never know how this year’s election would be different if the corporate media adequately covered the NDAA’s indefinite detention clause and many other recent attacks on civil liberties. What we can do is spread the word and support independent media sources that do cover these stories. That’s where Project Censored comes in.

Project Censored has been documenting inadequate media coverage of crucial stories since it began in 1967 at Sonoma State University. Each year, the group considers hundreds of news stories submitted by readers, evaluating their merits. Students search Lexis Nexis and other databases to see if the stories were underreported, and if so, the stories are fact-checked by professors and experts in relevant fields.

A panel of academics and journalists chooses the Top 25 stories and rates their significance. The project maintains a vast online database of underreported news stories that it has “validated” and publishes them in an annual book. Censored 2013: Dispatches from the Media Revolution will be released Oct. 30.

For the second year in row, Project Censored has grouped the Top 25 list into topical “clusters.” This year, categories include “Human cost of war and violence” and “Environment and health.” Project Censored Director Mickey Huff told us the idea was to show how various undercovered stories fit together into an alternative narrative, not to say that one story was more censored than another.

In May, while Project Censored was working on the list, another 2012 list was issued: the Fortune 500 list of the biggest corporations, whose influence peppers the Project Censored list in a variety of ways.

Consider this year’s top Fortune 500 company: ExxonMobil. The oil company pollutes everywhere it goes, yet most stories about its environmental devastation go underreported. Weapons manufacturers Lockheed Martin (58 on the Fortune list), General Dynamics (92), and Raytheon (117) are tied into stories about U.S. prisoners in slavery conditions manufacturing parts for their weapons and the underreported war crimes in Afghanistan and Libya.

These powerful corporations work together more than most people think. In the chapter exploring the “global 1 percent,” writers Peter Philips and Kimberly Soeiro explain how a small number of well-connected people control the majority of the world’s wealth. In it, they use Censored story number 6, “Small network of corporations run the global economy,” to describe how a network of transnational corporations are deeply interconnected, with 147 of them controlling 40 percent of the global economy’s total wealth.

For example, Philips and Soeiro write that in one such company, BlackRock Inc., “The 18 members of the board of directors are connected to a significant part of the world’s core financial assets. Their decisions can change empires, destroy currencies and impoverish millions.”

Another cluster of stories, “Women and Gender, Race and Ethnicity,” notes a pattern of underreporting stories that affect a range of marginalized groups. This broad category includes only three articles, and none are listed in the top 10. The stories reveal mistreatment of Palestinian women in Israeli prisons, including being denied medical care and shackled during childbirth, and the rape and sexual assault of women soldiers in the U.S. military. The third story in the category concerns an Alabama anti-immigration bill, H.B. 56, that caused immigrants to flee Alabama in such numbers that farmers felt a dire need to “help farms fill the gap and find sufficient labor.” So the Alabama Department of Agriculture and Industries approached the state’s Department of Corrections about making a deal where prisoners would replace the fleeing farm workers.

But with revolutionary unrest around the world, and the rise of a mass movement that connects disparate issues together into a simple, powerful class analysis — the 99 percent versus the 1 percent paradigm popularized by Occupy Wall Street — this year’s Project Censored offers an element of hope.

It’s not easy to succeed at projects that resist corporate dominance, and when it does happen, the corporate media is sometimes reluctant to cover it. Number seven on the Top 25 list is the story of how the United Nations designated 2012 the International Year of the Cooperative, recognizing the rapid growth of co-op businesses, organizations that are part-owned by all members and whose revenue is shared equitably among members. One billion people worldwide now work in co-ops.

The Year of the Cooperative is not the only good-news story discussed by Project Censored this year. In Chapter 4, Yes! Magazine’s Sarah Van Gelder lists “12 ways the Occupy movement and other major trends have offered a foundation for a transformative future.” They include a renewed sense of “political self-respect” and fervor to organize in the United States, debunking of economic myths such as the “American dream,” and the blossoming of economic alternatives such as community land trusts, time banking and micro-energy installations.

As Dr. Nafeez Mosaddeq Ahmed writes in the book’s foreword, “The majority of people now hold views about Western governments and the nature of power that would have made them social pariahs 10 or 20 years ago.”

Citing polls from the corporate media, Mosaddeq writes: “The majority are now skeptical of the Iraq War; the majority want an end to U.S. military involvement in Afghanistan; the majority resent the banks and financial sector, and blame them for the financial crisis; most people are now aware of environmental issues, more than ever before, and despite denialist confusion promulgated by fossil fuel industries, the majority in the United States and Britain are deeply concerned about global warming; most people are wary of conventional party politics and disillusioned with the mainstream parliamentary system.”

“In other words,” he writes, “there has been a massive popular shift in public opinion toward a progressive critique of the current political economic system.”

And ultimately, it’s the public — not the president and not the corporations—that will determine the future. There may be hope after all. Here’s Project Censored’s Top 10 list for 2013:

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1. Signs of an emerging police state

President George W. Bush is remembered largely for his role in curbing civil liberties in the name of his “war on terror.” But it’s President Obama who signed the 2012 NDAA, including its clause allowing for indefinite detention without trial for terrorism suspects. Obama promised that “my administration will interpret them to avoid the constitutional conflict” — leaving us adrift if and when the next administration chooses to interpret them otherwise. Another law of concern is the National Defense Resources Preparedness Executive Order that Obama issued in March 2012. That order authorizes the president, “in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements.” The president is to be advised on this course of action by “the National Security Council and Homeland Security Council, in conjunction with the National Economic Council.” Journalist Chris Hedges, along with co-plaintiffs including Noam Chomsky and Daniel Ellsberg, won a case challenging the NDAA’s indefinite detention clause on Sept. 1, when a federal judge blocked its enforcement, but her ruling was overturned on Oct. 3, so the clause is back.

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2. Oceans in peril

Big banks aren’t the only entities that our country has deemed “too big to fail.” But our oceans won’t be getting a bailout anytime soon, and their collapse could compromise life itself. In a haunting article highlighted by Project Censored, Mother Jones reporter Julia Whitty paints a tenuous seascape — overfished, acidified, warming — and describes how the destruction of the ocean’s complex ecosystems jeopardizes the entire planet, not just the 70 percent that is water. Whitty compares ocean acidification, caused by global warming, to acidification that was one of the causes of the “Great Dying,” a mass extinction 252 million years ago. Life on Earth took 30 million years to recover. In a more hopeful story, a study of 14 protected and 18 non-protected ecosystems in the Mediterranean Sea showed dangerous levels of biomass depletion. But it also showed that the marine reserves were well-enforced, with five to 10 times larger fish populations than in unprotected areas. This encourages establishment and maintenance of more reserves.

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3. U.S. deaths from Fukushima

A plume of toxic fallout floated to the U.S. after Japan’s tragic Fukushima nuclear disaster on March 11, 2011. The U.S. Environmental Protection Agency found radiation levels in air, water and milk that were hundreds of times higher than normal across the United States. One month later, the EPA announced that radiation levels had declined, and they would cease testing. But after making a Freedom of Information Act request, journalist Lucas Hixson published emails revealing that on March 24, 2011, the task of collecting nuclear data had been handed off from the U.S. Nuclear Regulatory Commission to the Nuclear Energy Institute, a nuclear industry lobbying group. And in one study that got little attention, scientists Joseph Mangano and Jeanette Sherman found that in the period following the Fukushima meltdowns, 14,000 more deaths than average were reported in the U.S., mostly among infants. Later, Mangono and Sherman updated the number to 22,000.

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4. FBI agents responsible for terrorist plots

We know that FBI agents go into communities such as mosques, both undercover and in the guise of building relationships, quietly gathering information about individuals. This is part of an approach to finding what the FBI now considers the most likely kind of terrorists, “lone wolves.” Its strategy: “seeking to identify those disgruntled few who might participate in a plot given the means and the opportunity. And then, in case after case, the government provides the plot, the means, and the opportunity,” writes Mother Jones journalist Trevor Aaronsen. The publication, along with the Investigative Reporting Program at the University of California-Berkeley, examined the results of this strategy, 508 cases classified as terrorism-related that have come before the U.S. Department of Justice since the 9/11 terrorist attacks of 2001. In 243 of these cases, an informant was involved; in 49 cases, an informant actually led the plot. And “with three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings.”

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5. Federal Reserve loaned trillions to major banks

The Federal Reserve, the U.S.’s quasi-private central bank, was audited for the first time in its history this year. The audit report states, “From late 2007 through mid-2010, Reserve Banks provided more than a trillion dollars … in emergency loans to the financial sector to address strains in credit markets and to avert failures of individual institutions believed to be a threat to the stability of the financial system.” These loans had significantly less interest and fewer conditions than the high-profile TARP bailouts, and were rife with conflicts of interest. Some examples: the CEO of JP Morgan Chase served as a board member of the New York Federal Reserve at the same time that his bank received more than $390 billion in financial assistance from the Fed. William Dudley, who is now the New York Federal Reserve president, was granted a conflict of interest waiver to let him keep investments in AIG and General Electric at the same time the companies were given bailout funds. The audit was restricted to Federal Reserve lending during the financial crisis. On July 25, 2012, a bill to audit the Fed again, with fewer limitations, authored by Rep. Ron Paul, passed the House of Representatives. H.R. 459 was expected to die in the Senate, but the movement behind Paul and his calls to hold the Fed accountable, or abolish it altogether, seem to be growing.

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6. Small network of corporations run the global economy

Reporting on a study by researchers from the Swiss Federal Institute in Zurich didn’t make the rounds nearly enough, according to Censored 2013. They found that, of 43,060 transnational companies, 147 control 40 percent of total global wealth. The researchers also built a model visually demonstrating how the connections between companies — what it calls the “super entity” — works. Some have criticized the study, saying control of assets doesn’t equate to ownership. True, but as we clearly saw in the 2008 financial collapse, corporations are capable of mismanaging assets in their control to the detriment of their actual owners. And a largely unregulated super entity like this is vulnerable to global collapse.

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7. The International Year of Cooperative

Can something really be censored when it’s straight from the United Nations? According to Project Censored evaluators, the corporate media underreported the U.N. declaring 2012 to be the International Year of the Cooperative, based on the co-op business model’s stunning growth. The U.N. found that, in 2012, 1 billion people worldwide are co-op member-owners, or one in five adults over age 15. The largest is Spain’s Mondragon Corporation, with more than 80,000 member-owners. The U.N. predicts that by 2025, worker-owned co-ops will be the world’s fastest growing business model. Worker-owned cooperatives provide for equitable distribution of wealth, genuine connection to the workplace, and, just maybe, a brighter future for our planet.

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8. NATO war crimes in Libya

In January 2012, the BBC “revealed” how British Special Forces agents joined and “blended in” with rebels in Libya to help topple dictator Muammar Gadaffi, a story that alternative media sources had reported a year earlier. NATO admits to bombing a pipe factory in the Libyan city of Brega that was key to the water supply system that brought tap water to 70 percent of Libyans, saying that Gadaffi was storing weapons in the factory. In Censored 2013, writer James F. Tracy makes the point that historical relations between the U.S. and Libya were left out of mainstream news coverage of the NATO campaign; “background knowledge and historical context confirming Al-Qaeda and Western involvement in the destabilization of the Gadaffi regime are also essential for making sense of corporate news narratives depicting the Libyan operation as a popular ‘uprising.’”

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9. Prison slavery in the U.S.

On its website, the UNICOR manufacturing corporation proudly proclaims that its products are “made in America.” That’s true, but they’re made in places in the U.S. where labor laws don’t apply, with workers often paid just 23 cents an hour to be exposed to toxic materials with no legal recourse. These places are U.S. prisons. Slavery conditions in prisons aren’t exactly news. It’s literally written into the Constitution; the 13th Amendment, which abolished slavery, outlaws “slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted.” But the articles highlighted by Project Censored this year reveal the current state of prison slavery industries, and its ties to war. The majority of products manufactured by inmates are contracted to the Department of Defense. Inmates make complex parts for missile systems, battleship anti-aircraft guns and landmine sweepers, as well as night-vision goggles, body army and camouflage uniforms. Of course, this is happening in the context of record high imprisonment in the U.S., where grossly disproportionate numbers of African Americans and Latinos are imprisoned, and can’t vote even after they’re freed. As psychologist Elliot D. Cohen puts it in this year’s book: “This system of slavery, like that which existed in this country before the Civil War, is also racist, as more than 60 percent of U.S. prisoners are people of color.”

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10. H.R. 347 criminalizes protest

H.R. 347, sometimes called the “criminalizing protest” or “anti-Occupy” bill, made some headlines. But concerned lawyers and other citizens worry that it could have disastrous effects for the First Amendment right to protest. Officially called the Federal Restricted Grounds Improvement Act, the law makes it a felony to “knowingly” enter a zone restricted under the law, or engage in “disorderly or disruptive” conduct in or near the zones. The restricted zones include anywhere the Secret Service may be — places such as the White House, areas hosting events deemed “National Special Security Events,” or anywhere visited by the president, vice president and their immediate families; former presidents, vice presidents and certain family members; certain foreign dignitaries; major presidential and vice presidential candidates (within 120 days of an election); and other individuals as designated by a presidential executive order. These people could be anywhere, and NSSEs have notoriously included the Democratic and Republican National Conventions, Super Bowls and the Academy Awards. So far, it seems the only time H.R. 347 has kicked in is with George Clooney’s high-profile arrest outside the Sudanese embassy. Clooney ultimately was not detained without trial — information that would be almost impossible to censor — but what about the rest of us who exist outside of the mainstream media’s spotlight?

1st Amendment Rights To Petition & Assemble To Be Suspended: U.S. Congress Passes ‘Trespass Bill’ Making Protest Illegal

In Uncategorized on March 5, 2012 at 2:09 pm

Oldspeak:” Last Monday, The US House of Representatives voted 388-to-3 in favor of ‘The Federal Restricted Buildings And Grounds Improvement Act of 2011′. The bill will allow the government to bring charges against Americans exercising their rights as protesters, demonstrators and activists at political events and other outings across America. So not only can you be subjected to the indignity of being labeled a low-level terrorist for daring to petition your government for grievances, but protest itself, and other ‘disruptive activity’ in the presence or vicinity of government officials, buildings, & ‘official functions’ is being deemed illegal. “Criminalizing legitimate First Amendment activity — even if that activity is annoying to those government officials — violates our rights” -United States Representative Justin Amash.Should President Obama suspend the right to assemble, Americans might expect another apology to accompany it in which the commander-in-chief condemns the very act he authorizes. If you disagree with such a decision, however, don’t take it to the White House. Sixteen-hundred Pennsylvania Avenue and the vicinity is, of course, covered under this act.

By RT News:

Just when you thought the government couldn’t ruin the First Amendment any further: The House of Representatives approved a bill on Monday that outlaws protests in instances where some government officials are nearby, whether or not you even know it.

The US House of Representatives voted 388-to-3 in favor of H.R. 347 late Monday, a bill which is being dubbed the Federal Restricted Buildings and Grounds Improvement Act of 2011. In the bill, Congress officially makes it illegal to trespass on the grounds of the White House, which, on the surface, seems not just harmless and necessary, but somewhat shocking that such a rule isn’t already on the books. The wording in the bill, however, extends to allow the government to go after much more than tourists that transverse the wrought iron White House fence.

Under the act, the government is also given the power to bring charges against Americans engaged in political protest anywhere in the country.

Under current law, White House trespassers are prosecuted under a local ordinance, a Washington, DC legislation that can bring misdemeanor charges for anyone trying to get close to the president without authorization. Under H.R. 347, a federal law will formally be applied to such instances, but will also allow the government to bring charges to protesters, demonstrators and activists at political events and other outings across America.

The new legislation allows prosecutors to charge anyone who enters a building without permission or with the intent to disrupt a government function with a federal offense if Secret Service is on the scene, but the law stretches to include not just the president’s palatial Pennsylvania Avenue home. Under the law, any building or grounds where the president is visiting — even temporarily — is covered, as is any building or grounds “restricted in conjunction with an event designated as a special event of national significance.”

It’s not just the president who would be spared from protesters, either.

Covered under the bill is any person protected by the Secret Service. Although such protection isn’t extended to just everybody, making it a federal offense to even accidentally disrupt an event attended by a person with such status essentially crushes whatever currently remains of the right to assemble and peacefully protest.

Hours after the act passed, presidential candidate Rick Santorum was granted Secret Service protection. For the American protester, this indeed means that glitter-bombing the former Pennsylvania senator is officially a very big no-no, but it doesn’t stop with just him. Santorum’s coverage under the Secret Service began on Tuesday, but fellow GOP hopeful Mitt Romney has already been receiving such security. A campaign aide who asked not to be identified confirmed last week to CBS News that former House Speaker Newt Gingrich has sought Secret Service protection as well. Even former contender Herman Cain received the armed protection treatment when he was still in the running for the Republican Party nod.

In the text of the act, the law is allowed to be used against anyone who knowingly enters or remains in a restricted building or grounds without lawful authority to do so, but those grounds are considered any area where someone — rather it’s President Obama, Senator Santorum or Governor Romney — will be temporarily visiting, whether or not the public is even made aware. Entering such a facility is thus outlawed, as is disrupting the orderly conduct of “official functions,” engaging in disorderly conduct “within such proximity to” the event or acting violent to anyone, anywhere near the premises. Under that verbiage, that means a peaceful protest outside a candidate’s concession speech would be a federal offense, but those occurrences covered as special event of national significance don’t just stop there, either. And neither does the list of covered persons that receive protection.

Outside of the current presidential race, the Secret Service is responsible for guarding an array of politicians, even those from outside America. George W Bush is granted protection until ten years after his administration ended, or 2019, and every living president before him is eligible for life-time, federally funded coverage. Visiting heads of state are extended an offer too, and the events sanctioned as those of national significance — a decision that is left up to the US Department of Homeland Security — extends to more than the obvious. While presidential inaugurations and meeting of foreign dignitaries are awarded the title, nearly three dozen events in all have been considered a National Special Security Event (NSSE) since the term was created under President Clinton. Among past events on the DHS-sanctioned NSSE list are Super Bowl XXXVI, the funerals of Ronald Reagan and Gerald Ford, most State of the Union addresses and the 2008 Democratic and Republican National Conventions.

With Secret Service protection awarded to visiting dignitaries, this also means, for instance, that the federal government could consider a demonstration against any foreign president on American soil as a violation of federal law, as long as it could be considered disruptive to whatever function is occurring.

When thousands of protesters are expected to descend on Chicago this spring for the 2012 G8 and NATO summits, they will also be approaching the grounds of a National Special Security Event. That means disruptive activity, to whichever court has to consider it, will be a federal offense under the act.

And don’t forget if you intend on fighting such charges, you might not be able to rely on evidence of your own. In the state of Illinois, videotaping the police, under current law, brings criminals charges. Don’t fret. It’s not like the country will really try to enforce it — right?

On the bright side, does this mean that the law could apply to law enforcement officers reprimanded for using excessive force on protesters at political events? Probably. Of course, some fear that the act is being created just to keep those demonstrations from ever occurring, and given the vague language on par with the loose definition of a “terrorist” under the NDAA, if passed this act is expected to do a lot more harm to the First Amendment than good.

United States Representative Justin Amash (MI-03) was one of only three lawmakers to vote against the act when it appeared in the House late Monday. Explaining his take on the act through his official Facebook account on Tuesday, Rep. Amash writes, “The bill expands current law to make it a crime to enter or remain in an area where an official is visiting even if the person does not know it’s illegal to be in that area and has no reason to suspect it’s illegal.”

“Some government officials may need extraordinary protection to ensure their safety. But criminalizing legitimate First Amendment activity — even if that activity is annoying to those government officials — violates our rights,” adds the representative.

Now that the act has overwhelmingly made it through the House, the next set of hands to sift through its pages could very well be President Barack Obama; the US Senate had already passed the bill back on February 6. Less than two months ago, the president approved the National Defense Authorization Act for Fiscal Year 2012, essentially suspending habeas corpus from American citizens. Could the next order out of the Executive Branch be revoking some of the Bill of Rights? Only if you consider the part about being able to assemble a staple of the First Amendment, really. Don’t worry, though. Obama was, after all, a constitutional law professor. When he signed the NDAA on December 31, he accompanied his signature with a signing statement that let Americans know that, just because he authorized the indefinite detention of Americans didn’t mean he thought it was right.

Should President Obama suspend the right to assemble, Americans might expect another apology to accompany it in which the commander-in-chief condemns the very act he authorizes. If you disagree with such a decision, however, don’t take it to the White House. Sixteen-hundred Pennsylvania Avenue and the vicinity is, of course, covered under this act.

Artist Sent To Jail Over A Pillow

In Uncategorized on February 21, 2012 at 5:22 pm

Oldspeak:” While the individuals who conspired in the theft of TRILLIONS and crashed the global economic system roam free. Welcome to the Twilight Zone.The relentless and unyielding enclosure, comodificaiton and undue regulation of the commons, of creativity, of artistic expression, continues unabated. ““If they charge me, then for the rest of my life, it will be in my record as a misdemeanor that I tried to sell a pillow.” -See One, Artist. Our corporate overseers will not rest until they are able to extract profit from everything we do, see, say, make, wear, eat, smell, feel, etc, etc etc etc… “Profit Is Paramount”  This is what overcriminaliztion looks like. “Overcriminalization” describes the trend in America to use the criminal law to “solve” every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives. Criminal law is supposed to be used to redress only that conduct which society thinks deserving of the greatest punishment and moral sanction. As a result of rampant overcriminalization, trivial conduct is now often punished as a crime.  Many criminal laws make it possible for the government to convict a person even if he acted without criminal intent (i.e., mens rea). Sentences have skyrocketed, particularly at the federal level.

Related Story:

After Creating 452 New Crimes In A 7 Year Period, Congress Looks At Laws That Criminalize Non-Criminal Behavior

By Bucky Turco @ Animal New York:

“If they charge me, then for the rest of my life, it will be in my record as a misdemeanor that I tried to sell a pillow.”

SEE ONE–also known as “Jamel”–an artist who sells his work on the street, is going to criminal court next week… over a painted pillow. The 31-year-old Brooklyn man was arrested in July for offering the decorative item for sale without a vendor’s license, one of three he had displayed on his sidewalk table on Prince Street in Soho alongside canvasses with similar designs. But it was the $35 pillows that “two football player-like dudes”–who turned out to be undercover NYPD officers–were interested in.

“They asked if I have a tax ID to sell my artwork, which I did,” said Jamel. “They told me the tax ID is cool for all my art, but didn’t cover the three pillows I made, even though I painted them.” Crafts such as pillows, now matter how custom and ornate, aren’t covered in the guidelines established after a key ruling against the city in 2001.

Jamel was placed in handcuffs and hauled away to a jail cell where he sat for nine hours. “They told me NYC only considers something that is a flat surface and painted on a piece of art. Since I wrapped raw canvas around a pillow form instead of stretcher bars they said it’s now a product, not art,” said Jamel. “I hand painted on raw canvas then mailed it to Long Island for my mom to sew together.” (That’s not only art, that’s collaboration!)

Jamel was eventually released on his own recognizance. Unable to afford a lawyer, the artist was assigned a public defender and proclaimed his innocence. He’s been to court three times; next week he’ll find out if the case goes to trial. “The prosecution is taking me to trial for the pillows unless I pleaded guilty to disorderly conduct and take one day [of] community service and a misdemeanor charge on my record for a year.” [UPDATE: The NYPD didn’t hit him with the disorderly conduct charge, the DA did.]

When asked about the merits of the case by email, the NYPD told ANIMAL that, “[Jamel] did not have a Consumer Affairs license to sell the pillows.” Which is true. And absurd.

Robert Lederman, an artist and president of vending watchdog group, A.R.T.I.S.T. (Artists’ Response To Illegal State Tactics), is responsible for winning a landmark ruling against the city in 2001 that legally established their right to sell art work in the streets without a permit (read the guidelines here).

According to Lederman, who has been arrested 44 times and never convicted, “If the artwork is on something that has a functional purpose, then the city can still require a vending license.” If an artist paints an image on a canvas and then does the same to a t-shirts, garbage cans, TVs, or other “purely functional items,” such as a pillow, it is illegal to sell without a proper permit.

There is one workaround. Lederman says that those same goods are protected under a free speech provision if they contain a political reference, whether it be a slogan, message, or logo. For argument’s sake, had Jamel painted “Free Palestine” on one side of the pillow, selling it without a vendor’s license would have been perfectly lawful. “The ruling doesn’t mention a list of items. It’s purely up to the judge” explained Lederman. “Which of course opens it up to a tremendous amount of variety in rulings.”

Tarek Mehanna Convicted For Words, Not Deeds, After 3 Years Surveillance, Failed Inducement To Commit Terrorist Acts & Turn Informant For FBI

In Uncategorized on December 23, 2011 at 12:02 pm

Oldspeak:“Ripped from the pages of “1984” we see the use of the “material support for terrorism clause”  to suppress unpopular ideas, dissent, free speech and in effect ‘disappear’ people.  This man has been in solitary confinement for 793 days. This man could be you. You can by law be detained, tried, convicted, and sent to jail for the rest of your life for what you say, the media you consume, and who you associate with if it is deemed ‘terrorist’ in nature. Let that sink in. First think about the fact that Department of Defense now defines exercising First Amendment rights via protest and political activism as “low-level terrorism”, and let it sink in some more. Second, think about the fact that American citizens are subject to ‘rendition’, essentially being disappeared to any number of the vast network of black site prisons around the world indefinitely. And let it sink in that much more. It’s pretty profound isn’t it. You’re 1st amendment right are being criminalized. Your ability to resist tyranny is being neutralized. And the wild thing about this case is the FBI tried to recruit this man as an informant, he refused. The FBI tried to provide him with the means to carry out a terrorist plot, he refused. In essence, this man, Tarek Mehanna was convicted for refusing to cooperate with the government, spy on his people, and become a terrorist. This is all part of a disturbing pattern of behavior  by American law enforcement.  Manufacturing terrorism to coerce the  populace into relinquishing more and more of their civil and privacy rights. “Ignorance Is Strength”

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Free Tarek Mehanna

By Patrick Tracey @ Salon:

Call it “the week that was” when it comes to shredding the Constitution. First the Senate passes a rider to the defense bill that would make it legal for the military to arrest American citizens anywhere in the world, including U.S. soil, at the whim of the executive branch — this or any future executive branch.

Then comes the conviction yesterday of a Massachusetts man for viewing and translating jihadi videos online. The eight-week trial featured starkly contrasting portrayals of the bearded Muslim, Tarek Mehanna, a Sudbury, Mass., fundamentalist who traveled to Yemen and has made no secret of his contempt for U.S. foreign policy.

His Boston legal team haloed him as a kind and loving man, if an angry and opinionated intellectual type. They argued he was being persecuted for his disapproval of  U.S. foreign policy. The government countered with the belief that Mehanna was just the sort of hater who’d take glee in seeing Americans getting gunned down in bloody shopping malls.

American Muslims took it on the chin big-time this week, between the Mehanna case, the more troubling rider to the 2012 National Defense Authorization Act now waiting for the president’s signature, to say nothing of home improvement chain Lowe’s yanking sponsorship of the “All American Muslim” show on TLC.  If the president signs the defense bill unamended, it will represent the single biggest civil liberties betrayal of his presidency.

The implications are profound and simple.

“They both came out the same week, but they are part of a pattern of putting to one side the fundamental freedoms we’ve taken for granted. We’re into a whole new legal terrain,” said Nancy Murray of the Massachusetts chapter of the American Civil Liberties Union. ”As the Senate gutted the Bill of Rights, just as it gutted the right to due process and the right to trial by jury, the whole notion of presumption of innocence goes out the window. And the scary thing is that it could be applied to all U.S. citizens.”

When not watching Lowe’s ads on the popular reality show, Muslim parents are sure to hit the pause button for a quiet word with their children about expressing strident opinions online. And they won’t mean maybe, either, because sentencing for Mehanna is set for as soon as April 12, and he may never see the light of day again — he could be sentenced to life in prison.  The message is unequivocal: You’d better watch your Muslim mouth. 

Mehanna made no bones about watching jihadi videos and translating them for friends; no bones about lending CDs to people in the Boston area in order, as the prosecution asserted, to create like­-minded youth; no bones about  discussing with friends his views of suicide bombings, the killing of civilians, and dying on the battlefield in the name of Allah. He translated texts that were freely available online and looked for information there about the 19 9/11 hijackers too. He even inquired into how to transfer files from one computer to another, and how to keep those files from being hacked.

However unpopular those acts may be, civil libertarians say they fall well within the margins of First Amendment protection. They are bracing themselves for repeal, but their immediate concern is the ending of posse comitatus, a far more serious matter. If the president, a constitutional scholar, signs the Senate-passed defense bill as is, then in the stroke of a pen he’ll have re-answered the age-old joke: “Is this a free country, or what?” The answer will be a resounding “or what,” but it’s no joke. Coming on the same week that the Bill of Rights had its 220th anniversary, you have to ask what’s more depleted these days: America’s outrage or its unkeen sense of irony?

The ACLU of Massachusetts submitted a brief in the Mehanna case, but it was refused by Judge O’Toole, who felt it was not suitable for this trial. The amicus curiae urged the court to proceed with the utmost care to prevent protected speech from constituting the sole basis for charges of conspiring to provide material support to terrorist groups. The brief said Mehanna had “engaged in discussions and watched and translated readily available media on the topics of global politics, wars, and religion, all of which are topics of public concern. That his views may be offensive or disagreeable, or that they may ‘create like-minded youth,’ is of no consequence to the heightened protection to which his expression is entitled as a result of the First Amendment.”

Through such acts Mehanna was convicted yesterday of conspiracy to provide material support to al-Qaida. If such speech is not protected as a free expression under the First Amendment, “then the government’s implicit view that such speech could alone support conviction threatens to render the material support statute a vehicle for the suppression of unpopular ideas, contrary to the dictates of the First Amendment and fundamental American values.”

Civil liberties advocates make the “slippery slope” argument. In the 2010 case Holder v. Humanitarian Law Project, which decided whether providing nonviolent aid like legal advice to terrorist groups constitutes material support for terrorism, the Supreme Court ruled that you can advocate as an individual, but if your advocacy is coordinated with an outfit on a terrorist list, then it’s criminal conspiracy and you can be convicted of giving terrorist support.

The ACLU believes that Mehanna’s activities were not shown to meet that test, “so the real reason for convicting him seems to be missing,” Murray said. “The trial featured all sorts of allegations of traveling but there was no hard proof that his advocacy was coordinated with a group.”

Grounds for appeal appear to be more than ample. “For one thing,” said Murray, “the courts should be very worried that it criminalizes unpopular speech. The First Amendment should’ve protected his translating material that he read on the internet. Unless they could’ve said he was doing that at the behest of a terrorist group, they’ve never actually made that direct connection.”

Police Say They Can Detain Photographers If Their Photographs Have ‘No Apparent Esthetic Value’

In Uncategorized on August 19, 2011 at 1:31 pm

A photograph shot by Sander Roscoe Wolff on June 30 before he was detained by Long Beach Police

Oldspeak:” In a police state, Photography is Terrorism. Thought Police moonlight as art critics. And if in their professional opinion, your work has “No apparent esthetic value” and you are not engaging in “regular tourist behaviour” they can arrest you for the offenses. Yes my pretties, the Police States of America is full-formed and hard at work depriving you of your rights to freedom, movement, assembly, protest, and now apparently to photograph. All in under the guise of “National Security”. This makes complete sense in a society where its government creates 452 new laws criminalizing non-criminal behavior over a 7 year period.  “Freedom is Slavery”

By Greggory Moore @ The Long Beach Post:

Police Chief Jim McDonnell has confirmed that detaining photographers for taking pictures “with no apparent esthetic value” is within Long Beach Police Department  policy.

McDonnell spoke for a follow-up story on a June 30 incident in which Sander Roscoe Wolff, a Long Beach resident and regular contributor to Long Beach Post, was detained by Officer Asif Kahn for taking pictures of a North Long Beach refinery.1

“If an officer sees someone taking pictures of something like a refinery,” says McDonnell, “it is incumbent upon the officer to make contact with the individual.” McDonnell went on to say that whether said contact becomes detainment depends on the circumstances the officer encounters.

McDonnell says that while there is no police training specific to determining whether a photographer’s subject has “apparent esthetic value,” officers make such judgments “based on their overall training and experience” and will generally approach photographers not engaging in “regular tourist behavior.”

This policy apparently falls under the rubric of compiling Suspicious Activity Reports (SAR) as outlined in the Los Angeles Police Department’s Special Order No. 11, a March 2008 statement of the LAPD’s “policy …  to make every effort to accurately and appropriately gather, record and analyze information, of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism.”

Among the non-criminal behaviors “which shall be reported on a SAR” are the usage of binoculars and cameras (presumably when observing a building, although this is not specified), asking about an establishment’s hours of operation, taking pictures or video footage “with no apparent esthetic value,” and taking notes.

Also listed as behaviors to be documented are “Attempts to acquire illegal or illicit biological agent (anthrax, ricin, Eboli, smallpox, etc.),” “In possession, or utilizes, explosives (for illegal purposes),” and “Acquires or attempts to acquire uniforms without a legitimate cause (service personnel, government uniforms, etc.).” Special Order No. 11 does not distinguish between how these behaviors should be handled and how (e.g.) photography should be handled.

McDonnell says that LBPD policy is “on-line” with all instructions contained in Special Order No. 11, “as is everyone else [i.e., other police departments] around the country.”

In response to Long Beach Post’s coverage of the incident, the National Press Photographer’s Association has written to Chief McDonnell expressing concern “about the misplaced beliefs that photography is in and of itself a suspicious activity.”

Deputy City Attorney Gary Anderson says that the legal standard for a police officer’s detaining an individual pivots on whether the officer has “reasonable suspicion of criminal activity”; and that whether taking photographs of a refinery meets that standard “depends on the circumstances the officer is confronted with.” For that information, Anderson says, we must know what is in the officer’s mind.

Officer Kahn did not reply to repeated attempts to contact him in order to determine what was in his mind when he allegedly detained Wolff; and the LBPD Public Information Office referred pertinent questions to Anderson.

According to Anderson, Kahn claims that Wolff complied with Kahn’s request to see his license, and that it was unnecessary for him to compel Wolff to do so — a version of events Wolff flatly contradicts. “I absolutely asked him if showing him my license was necessary,” Wolff says, “which is when he gave me his little spiel about Homeland Security [allowing Kahn to detain Wolff under the circumstances].”2

Anderson reports that Kahn asserts Wolff denied being a reporter, which Wolff says is untrue. “I never denied being a reporter,” Wolff says. “He never asked me about being a reporter. He asked me why I was taking pictures, and I told him that I was an artist.”

Regarding whether Kahn felt Wolff’s behavior gave him “reasonable suspicion of criminal activity,” Anderson initially replied, “I never asked [Kahn] that question.” Agreeing that “we can’t go any further in discussing [whether Kahn had ‘reasonable suspicion of criminal activity’] without knowing what was in the officer’s mind in this specific instance,” Anderson agreed to follow up with Kahn on that matter.

However, when reached 10 days later, Anderson stated, “I’m not going to get into the officer’s subjective state of mind at this point. … That’s attorney-client privilege.”

As to why Anderson failed to cite attorney-client privilege initially, Anderson says only that he has “been thinking about it more”; and, “We have no further comment. Seriously.”

1 After running Wolff’s driver’s license, Kahn left the scene without ordering Wolff to desist.

2 Legally, a police detention has occurred when “a reasonable individual” in that circumstance would be believe he or she is not free to leave

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