THE HANDSTAND

AUGUST-OCTOBER2009


it couldn't happen here ?

 JOBS WITH JUSTICE : http://www.unionvoice.org/campaign/stopwellsfargo?rk=L7q7bxEqdJjLW

Tell Wells Fargo: Stop the Evictions & Wage Theft!

Belva Davis is facing eviction from her Detroit area home, despite her attempts to pay her mortgage.  Deb Johann lost her job and had months of her vacation pay stolen from her, when Quad City Die Casting abruptly shuttered its Moline, IL plant.  She and her co-workers are also owed thousands of dollars in health care.

They are only two among tens of thousands of victims of corporate crime.  The culprit?  Wells Fargo.

Wells Fargo and its Wachovia subsidiary received $25 Billion in “TARP” bailout money, not to mention far more subsidy from the Federal Reserve, supposedly to extend credit and keep our economy going during this economic crisis. 

  

Instead, these bandits have taken their bailouts and are using that money to block a recovery for the rest of us.  This is a corporate crime!

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The Henry Louis Gates situation is mainly a distraction.

But there's also a serious policy component. Policemen should not be allowed to arrest someone for being an asshole in their own home. If that was the case, right-wing bloggers would all be doing 10-20. It appears clear, and I guess there may be audio tape to this effect, that the cop came to Gates' house, figured out that he was not a burglar, words were exchanged, and then the cop arrested him for disorderly conduct. That's really over the line of what cops should be allowed to do, regardless of the motivations, racial or otherwise.

The crime of disorderly conduct, beloved by cops who get into arguments with citizens, requires that the public be involved. Here's the relevant law from the Massachusetts Appeals Court, with citations and quotations omitted:

The statute authorizing prosecutions for disorderly conduct, G.L. c. 272, § 53, has been saved from constitutional infirmity by incorporating the definition of "disorderly" contained in § 250.2(1)(a) and (c) of the Model Penal Code. The resulting definition of "disorderly" includes only those individuals who, "with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof ... (a) engage in fighting or threatening, or in violent or tumultuous behavior; or ... (c) create a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.' "Public" is defined as affecting or likely to affect persons in a place to which the public or a substantial group has access.

The lesson most cops understand (apart from the importance of using the word "tumultuous," which features prominently in Crowley's report) is that a person cannot violate 272/53 by yelling in his own home.

Read Crowley's report and stop on page two when he admits seeing Gates's Harvard photo ID. I don't care what Gates had said to him up until then, Crowley was obligated to leave. He had identified Gates. Any further investigation of Gates' right to be present in the house could have been done elsewhere. His decision to call HUPD seems disproportionate, but we could give him points for thoroughness if he had made that call from his car while keeping an eye on the house. Had a citizen refused to leave Gates' home after being told to, the cops could have made an arrest for trespass.

But for the sake of education, let's watch while Crowley makes it worse. Read on. He's staying put in Gates' home, having been asked to leave, and Gates is demanding his identification. What does Crowley do? He suggests that if Gates wants his name and badge number, he'll have to come outside to get it. What? Crowley may be forgiven for the initial approach and questioning, but surely he should understand that a citizen will be miffed at being questioned about his right to be in his own home. Perhaps Crowley could commit the following sentences to memory: "I'm sorry for disturbing you," and "I'm glad you're all right."

Spoiling for a fight, Crowley refuses to repeat his name and badge number. Most of us would hand over a business card or write the information on a scrap of paper. No, Crowley is upset and he's mad at Gates. He's been accused of racism. Nobody likes that, but if a cop can't take an insult without retaliating, he's in the wrong job. When a person is given a gun and a badge, we better make sure he's got a firm grasp on his temper. If Crowley had called Gates a name, I'd be disappointed in him, but Crowley did something much worse. He set Gates up for a criminal charge to punish Gates for his own embarrassment.

By telling Gates to come outside, Crowley establishes that he has lost all semblance of professionalism. It has now become personal and he wants to create a violation of 272/53. He gets Gates out onto the porch because a crowd has gathered providing onlookers who could experience alarm. Note his careful recitation (tumultuous behavior outside the residence in view of the public). And please do not overlook Crowley's final act of provocation. He tells an angry citizen to calm down while producing handcuffs. The only plausible question for the chief to ask about that little detail is: "Are you stupid, or do you think I'm stupid?" Crowley produced those handcuffs to provoke Gates and then arrested him. The decision to arrest is telling. If Crowley believed the charge was valid, he could have issued a summons. An arrest under these circumstances shows his true intent: to humiliate Gates.

The cop baited the guy into leaving the house so he could arrest him for making a cop feel bad.

I appreciate the work of law enforcement. But regardless of race, too many cops have the belief that if they get insulted, they have the right to turn that into an arresting offense. That's not the law whatsoever, nor should it be. It creates a chilling effect among the public not to call out bad behavior in law enforcement or raise your voice in any way. I know we're all supposed to believe that cops are saintly, but I live in LA. Police misconduct happens all the time, and we should be vigilant when it does.

Instead, the media takes the soccer ball and chases it into the corner, without any semblance of factual records or perspective. It becomes an emotional argument instead of a factual record of misconduct. We pay cops with tax money. We should not risk arrest when arguing with them.


Obama's Military Is Spying on U.S. Peace Groups

By Amy Goodman

July 29, 2009 "
Huffington Post" -- Anti-war activists in Olympia, Wash., have exposed U.S. Army spying and infiltration of their groups, as well as intelligence gathering by the U.S. Air Force, the federal Capitol Police and the Coast Guard.

The infiltration appears to be in direct violation of the Posse Comitatus Act preventing U.S. military deployment for domestic law enforcement, and may strengthen congressional demands for a full-scale investigation of U.S. intelligence activities, like the Church Committee hearings of the 1970s.

Brendan Maslauskas Dunn asked the City of Olympia for documents or e-mails about communications between the Olympia police and the military relating to anarchists, Students for a Democratic Society (SDS) or the Industrial Workers of the World (Dunn's union). Dunn received hundreds of documents. One e-mail contained reference to a "John J. Towery II," who activists discovered was the same person as their fellow activist "John Jacob."
Dunn told me: "John Jacob was actually a close friend of mine, so this week has been pretty difficult for me. He said he was an anarchist. He was really interested in SDS. He got involved with Port Militarization Resistance (PMR), with Iraq Vets Against the War. He was a kind person. He was a generous person. So it was really just a shock for me."
"Jacob" told the activists he was a civilian employed at Fort Lewis Army Base, and would share information about base activities, which could help PMR organize rallies and protests against public ports being used for troop and Stryker military vehicle deployment to Iraq and Afghanistan. Since 2006, PMR activists have occasionally engaged in civil disobedience, blocking access to the port.Larry Hildes, an attorney representing Washington activists, says the U.S. attorney prosecuting the cases against them, Brian Kipnis, specifically instructed the Army not to hand over any information about its intelligence-gathering activities, despite a court order to do so.

Which is why Dunn's request to Olympia and the documents he obtained are so important. The military is supposed to be barred from deploying on U.S. soil, or from spying on citizens.

Christopher Pyle, now a professor of politics at Mount Holyoke College, was a military intelligence officer. He recalled: "In the 1960s, Army intelligence had 1,500 plainclothes agents watching every demonstration of 20 people or more. They had a giant warehouse in Baltimore full of information on the law-abiding activities of American citizens, mainly protest politics."

Pyle later investigated the spying for two congressional committees: "As a result of those investigations, the entire U.S. Army Intelligence Command was abolished, and all of its files were burned. Then the Senate Intelligence Committee wrote the Foreign Intelligence Surveillance Act of 1978 to stop the warrantless surveillance of electronic communications."

Reps. Barbara Lee, D-Calif., Rush Holt, D-N.J., and others are pushing for a new, comprehensive investigation of all U.S. intelligence activities, of the scale of the Church Committee hearings, which exposed widespread spying on and disruption of legal domestic groups, attempts at assassination of foreign heads of state, and more.

Demands mount for information and accountability for Vice President Dick Cheney's alleged secret assassination squad, President George W. Bush's warrantless wiretapping program, and the CIA's alleged misleading of Congress. But the spying in Olympia occurred well into the Obama administration (and may continue today). President Barack Obama supports retroactive immunity for telecom companies involved in the wiretapping, and has maintained Bush-era reliance on the state secrets privilege. Lee and Holt should take the information uncovered by Brendan Dunn and the Olympia activists and get the investigations started now.

See/hear/read the full exclusive hour broadcast exposé on Democracy Now!:

Declassified Docs Reveal Military Operative Spied on WA Peace Groups, Activist Friends Stunned

Denis Moynihan contributed research to this column.

'War on terror' reaches US citizens Thu, 30 Jul 2009

Washington has called on Americans to aid in counterterrorism activities -- a move seen as a stepping stone to encroach upon civil liberties.

Speaking on national security issues, including the notion of 'radicalized Americans' on Wednesday, the US Homeland Security Secretary, Janet Napolitano, told a gathering at the key international relations think tank, Council on Foreign Relations, about the US administration's intentions to engage 'ordinary' people in 'scouting' activities against rising 'homegrown terrorism.'

The head of the Homeland Security Department urged Americans to join the White House bid in the collective battle against 'terrorism.'

The 52 year-old former Arizona governor, who joined President Obama's team earlier this year, said, "The terror threat is even more decentralized, more networked, and more adaptive than on 9/11," adding, "We face a networked enemy, and we must meet it with a networked response."

Napolitano demanded more public response in the face of growing 'terror' activities within US border, inviting children to help security services detect potential terror campaigns conducted in stealth.

She said that the Obama government would tap people as an 'asset' in the so-called war on terror. "For too long, we've treated the public as a liability to be protected rather than an asset in our nation's collective security."

"You are the ones who know if something is not right in your communities, such as a suspicious package, or unusual activity," Obama's Secretary said.

"We have a much greater chance at success if we strengthen our own networks by enlisting the talents and energies of all Americans."

However, the top national security authority ruled out allegations of her department's involvement in enticing a culture of spying amongst US citizens.

Observers say that the Homeland Security and Patriotism acts, crafted under former president George W. Bush and advocated by Obama, foment nationalistic fervor meant to impinge on people's privacy and to justify tighter social control.

Yet Napolitano drew upon the recent 'terrorist' arrests in Minneapolis and North Carolina and referred to the urgency needed to tackle the issue.

"So I think better education about the breadth of the threat and how it can be carried out is important."

Security officers arrested seven people lately from different US states on charges of raising money and training sympathizers to carry out terrorist attacks overseas.

ARQN/AKM

Statistical Deceptions

By Paul Craig Roberts

Last week on NPR a professor in the Sloan School of Management at MIT explained that what is really at stake in the health care bill is the US government's ability to borrow. In other words, the bill is about cutting health care costs, not about providing hard-pressed Americans with health care.
http://informationclearinghouse.info/article23157.htm