Showing posts with label Constitutional Rights. Show all posts
Showing posts with label Constitutional Rights. Show all posts

Tuesday, May 6, 2014

The Police State Strikes Back as Occupy Activist Hammered by Law


“If you're not a cop, you're "little people"
 -Captain Bryant
The hammer of the police state slammed down on the head of Cecily McMillan as if it were a sledge, convicting the Occupy Wall Street activist of assaulting a New York police officer. Not that the cop grabbed her breast during a protest, the men in black are the alpha level predators in the soft fascist (soft for now) place that is The Homeland. McMillan hit the cop in the face with an elbow, likely more of a reflexive action than anything else but it didn’t matter when it came time to feeding her into the big industrial meat grinder of the American injustice system. McMillan faces up to seven years in prison for her act where she will be in danger of being raped and beaten by other inmates, the pigs will probably even egg them on. She can probably consider herself lucky considering the less fortunate victims of our militarized police and their increasingly disconcerting view of the citizenry as the enemy.
According to a story in The Guardian that cites one of the jurors at expressing being shocked at the prison term that the "terrified" McMillan now faces:
McMillan’s attorney, Martin Stolar, argued in court that the video clip was not clear enough to prove anything. Afterwards, he blamed it for the conviction. “I think that is the only piece of evidence that a jury could hang its hat on,” he said. “On a quick glance without analysis, it looks like an assault. But it does not show what happened to Cecily.”
The juror confirmed Stolar’s fears. “For most of the jury, the video said it all,” the juror said. The juror said that an immediate vote after the 12 were sent out for deliberation found they were split 9-3 in favour of convicting. After everyone watched the clip again in the jury room, the juror said, two of the three hold-outs switched to the majority, leaving only the juror who approached the Guardian in favour of acquitting the 25-year-old. Sensing “a losing battle”, the juror agreed to join them in a unanimous verdict. “I’m very remorseful about it,” the juror said a few hours later, having learned of McMillan’s potential punishment.
Neither was the panel persuaded by McMillan’s account of suffering bruising to her chest from being grabbed and enduring a seizure after being forcefully arrested by Bovell and his colleagues. Ultimately, the 12 – including a former nurse who said during selection that she treated victims of police brutality during the Columbia University riots of 1968 – were unmoved by photographs of bruises and by testimony that McMillan was seen convulsing on the pavement. Medical notes from two hospital visits on the night of the incident were seen to support the state’s allegation that McMillan had invented her injuries, the juror said.
This is so illustrative of what has happened in American circa 2014 where vengeance reigns supreme over whatever vestiges remain of the law and any potential jury pool is tainted by the constant exposure to non-stop television and movie depictions that glorify police and particularly the cop that pushes the boundaries to overcome a system that is held back by such trivialities as due process, civil liberties and Constitutional rights. How much longer until we start having public executions as a spectacle for the masses? The increasing degree of violence practiced by the police as well as the focus of the judicial system on convictions combined with a nation of sheep who wallow in a dream of blissful ignorance until the day that they themselves are led to the steel chutes where the hammer of the law will fall upon their heads as well has set this once great country on a collision course with the inevitable fascism, some may see that it is already here only not omnipresent and omnipotent just yet.
I always read the work of John Rutherford of The Whitehead Institute when it comes to warnings of the police state and his latest piece which is entitled “Martial Law, Detention Camps and Kangaroo Courts: Are We Recreating the Third Reich?” is a must read from which I excerpt:
Despite what some may think, the Constitution is no magical incantation against government wrongdoing. Indeed, it’s only as effective as those who abide by it. However, without courts willing to uphold the Constitution’s provisions when government officials disregard it and a citizenry knowledgeable enough to be outraged when those provisions are undermined, it provides little to no protection against SWAT team raids, domestic surveillance, police shootings of unarmed citizens, indefinite detentions, and the like.
Unfortunately, the courts and the police have meshed in their thinking to such an extent that anything goes when it’s done in the name of national security, crime fighting and terrorism. Consequently, America no longer operates under a system of justice characterized by due process, an assumption of innocence, probable cause and clear prohibitions on government overreach and police abuse. Instead, our courts of justice have been transformed into courts of order, advocating for the government’s interests, rather than championing the rights of the citizenry, as enshrined in the Constitution.
Just recently, for example, the Tenth Circuit Court of Appeals ruled in U.S. v. Westhoven that driving too carefully, with a rigid posture, taking a scenic route, and having acne are sufficient reasons for a police officer to suspect you of doing something illegal, detain you, search your car, and arrest you—even if you’ve done nothing illegal to warrant the stop in the first place.
In that same vein, the U.S. Supreme Court declared in a 5-4 ruling in Navarette v. California that police officers can, under the guise of “reasonable suspicion,” stop cars and question drivers based solely on anonymous tips, no matter how dubious, and whether or not they themselves witnessed any troubling behavior.
And then you have the Supreme Court’s refusal to hear Hedges v. Obama, a legal challenge to the indefinite detention provision of the National Defense Authorization Act of 2012 (NDAA), thereby affirming that the President and the U.S. military can arrest and indefinitely detain individuals, including American citizens, based on a suspicion that they might be associated with or aiding terrorist organizations.
All three cases reflect a mindset in which the rule of law, the U.S. Constitution, once the map by which we navigated sometimes hostile terrain, has been unceremoniously booted out of the runaway car that is our government, driven over and left for road kill on the side of the road. All that can be seen in the rear view mirror are the tire marks on its ragged frame.
Mr. Whitehead in his piece goes on to elaborate on detention camps for American political dissidents as well as the similarities (although refined) to that most infamous historic regime in Germany but that is a story for another time, he has far too many valid observations to do them justice here without the benefit of a further discussion that does include US history as well. You can read his piece in its entirety here and please support his work at The Rutherford Institute, you don't have to agree with them on everything but they are spot on concerning the police state and deterioration of the American judicial system.
Few outside of those who run this system of oppression understand just how far that we have now departed from our once cherished Constitutional values which have now become nothing more than punchlines for comics and fodder for those who run the machine to denigrate critics. Each and every day brings another outrage but to those who are still sleeping blissfully within their cocoons of willful ignorance they continue their hero worship of the cops and pay lip service to that quaint and long gone system of "checks and balances"
George W. Bush may have referred to The Constitution as a "goddamned piece of paper" but Barack Obama is the one who has wiped his ass with it.

Tuesday, February 11, 2014

Turn It Off: Fight the NSA Stasi at State Level


What has become painfully apparent is that any effort to restrain the rogue NSA and the ongoing illegal surveillance and mass data-mining programs conducted against law-abiding Americans is doomed to fail at the federal level. With each new report based on the data procured by former government contractor turned NSA whistleblower Edward Snowden the outrage grows even as Leviathan on the Potomac digs in to resist calls for accountability. With the stories that came out yesterday on how the Obama administration is furiously working on their next extrajudicial murder of an American citizen without due process as well as SCOTUS Justice Antonin Scalia's remarks on the inevitable return of internment camps it is evident that the monstrous and bloated federal government is now fully out of control. It has been poisoned by corruption, driven mad by the prospect of an eternal war and all of the accompanying spoils and now is on the brink of being fully weaponized and unleashed upon dissenters. It is time to put an end to all of this and the target should be the NSA which provides the snooping and data that makes all future repression possible.
A few months back I wrote a piece based on something that I ran across in the Salt Lake Tribune proposing that there be organizing to appeal to the state to cut off the water to that mammoth data collection center that sits in Bluffdale. The op ed written by Connor Boyack stated:
Like the eye of Sauron, the NSA’s new facility in Utah overlooks hundreds of thousands of people in the valley below. Perched on a mountainside fortress of concrete and barricades, the 1-million-square-foot complex exists solely to allow the NSA to "see all."
In the wake of the Snowden leaks and widespread concern with the pervasive surveillance activities of the federal government, many Americans have been wondering how to fight back. Can an effective opposition even be mounted against the power of the NSA? What can be done to restore privacy and protect our rights?
The strategy to succeed is quite simple. When fully operational, the NSA facility is expected to require a staggering 1.7 million gallons of water every day to cool down the computers harvesting information on people worldwide. That water is supplied by the Jordan Valley Water Conservancy District, a political subdivision of the state. Without it, the facility cannot function.
It was actually a damned good idea although one that would be quickly squashed by the all powerful government that is located in Mordor or as it is formally known Washington D.C. The idea however has been gaining traction and there is now a national movement known as OffNow that is pushing for the nullification of the unconstitutional and illegal activities at the state level. No invading force can operate without water and resources and wherever possible laws prohibiting access to thwart what are blatantly illegal incursions on the civil liberties and rights of law-abiding, taxpaying, loyal Americans there needs to be local resistance. As history shows invaders are vulnerable to guerrilla warfare tactics and while the power may be centralized in the official confines of the elitist beltway there is much to the dismay and surprise to the ensconced transgressors a very large country out there. OffNow has a website that from first examination is not at this point as comprehensive as it needs to be (particularly in terms of locations where the NSA has set up criminal operations) but with support and the spreading of the word could experience a rapid spurt of growth. 
While I am aware of similar nullification efforts on other matters undertaken by groups that I do not agree with as well as the ongoing operations of the American Legislative Exchange Council (ALEC) which creates cookie cutter laws to be implemented at the state level by defacto corporate lobbyists disguised as legislators OffNow is different. ALEC is nothing more than a pack of wealthy corporate interests funding a system to circumvent the democratic process and should be shunned as such. The push for the implementation of state laws fighting the anti-American NSA however is about as democratic as it gets, especially so when the federal government not only ignores the vast majority of it's citizens but holds them in open in full contempt. 
It is time to take the fight to these bastards now while we still have a chance before the next war or 'terrorist' attack creates the conditions necessary for the mother of all crackdowns to preserve their power. 
The website is offnow.org.
Image: Wired)