So there are a lot of cops who are involved, somehow or another, in the drug trade. Sometimes they sling the drugs themselves; often, they just protect drug dealers from arrest. Like any form of Prohibition, government Drug Prohibition creates a condition in which there are lots of black market operators who are willing to pay bribes, and lots of cops who are willing to take them, in order to keep the drug trade running without police interference. The cost of the bribe is a drain, but the profits from a well-run drug dealing outfit make up for it, and the cost of the bribe is less than the cost of getting locked up in prison for several years. In fact, the Drug War Chronicle runs a regular feature called This Week’s Corrupt Cop Stories, which I guess is intended to show how the conditions fostered by Drug Prohibition inevitably produce police corruption. A point which is pretty well conveyed just by the fact that they have plenty of stories to run every single week, as much as by any of the individual stories that they run.

But there’s a problem with the word corrupt. To become corrupt is to become impure, damaged, or worse. To be corrupt is to be doing something wrong — and when we apply it to people, it usually means that someone is bribed into doing something depraved in exchange for some form of material reward — most commonly violating personal or professional ethics in exchange for money. But protecting a drug dealer from arrest is only unethical if you have an ethical obligation to arrest drug dealers. If, on the other hand, Drug Prohibition is unjust — if enforcing drug laws means violating the rights and the freedoms of innocent people, often by locking nonviolent offenders in a cage for years at a time even though they violated nobody else’s rights — then cops have no ethical obligation to arrest drug dealers, because nobody has an ethical obligation to do an injustice to innocent people. Then a lot of what commonly gets called police corruption is really nothing of the sort; so-called corrupt cops may be turncoats in the Drug War, but they are turning from the wrong side to the right side. Those who protect drug dealers from arrest are no more dirty than cops in antebellum America who refused to turn fugitive slaves over to the slave-catchers, or cops in Nazi Germany who refused to turn hiding Jews over to the Gestapo.

Of course, someone who has to be bribed into doing the right thing may not deserve blame for what she does; but she probably doesn’t deserve praise either. And so-called corrupt cops may in fact do other things that do deserve blame. (Many, if not most, of the narcs or patrol cops who get involved in the drug trade do end up acting much like Terrence Richardson in Houston — that is, as thieves, thugs, or shake-down artists, using their police power or threats of violence in order to intimidate and coerce competing drug dealers who don’t have the same connections to the Gangsters in Blue. But here the problem isn’t that the cop is slinging drugs. The problem is that the cop is cracking skulls of other people who sling drugs, and getting the drugs he slings by stealing them from other drug dealers.) Hence the two cheers, rather than three. But then consider a case like that of Keenan Colson, a cop in Lake Wales, Florida:

Lake Wales police officer Keenan Colson, 50, was arrested Wednesday by the Polk County Sheriff’s Department on multiple charges stemming from information he leaked to 25-year-old Clayton Hoerler, a known criminal offender, including blowing the cover of an undercover cop, said LWPD Chief Herbert Gillis.

. . . Colson faces one count of conspiracy to engage in a pattern of racketeering action, five counts unlawful use of two-way communications device, and four counts unlawful use of computer access after he was tied to an investigation that ultimately netted 18 people arrested in conjunction with what was described by county law enforcers as a violent marijuana distribution ring.

Polk County Sheriff Grady Judd agreed with Gillis, noting in a phone interview Thursday that the blame rests solely on Colson and his actions.

It’s important to point out we don’t in any way suspect anyone other than Keenan Colson. We don’t want to leave any impression of that being anything other than an ethical police department. They run a great shop there. The men and women there are very dedicated. This is just one crooked cop, he said.

But it was one cop nobody seems to have expected to compromise the integrity and safety of his fellow police officers.

Colson’s actions sent shock waves throughout the LWPD.

Captain Patrick Quinn said he was hurt and shocked because he regarded Colson as the rock, a man who was always there, went to his calls, took his reports, was dependable.

Quinn, who was not involved in the investigation, was briefed about the situation on Tuesday.

Several people fall from grace, he said. That stinks, that hurts. We hire people, unfortunately people are going to do stupid things sometimes.

Quinn said Colson made a bad choice and was going to have to answer for his bad choice, but added that everyone in the department was upset.

We have lost a member of our family for his bad choice, he said.

What frustrated the chief so much is the concept that the lives of other officers were put in danger. Undercover work presents challenges of it own, he noted, calling it one of the most dangerous jobs in law enforcement because of its vulnerability.

And for Keenan Colson to identify to criminal offenders, this undercover officer, this undercover deputy, could have caused him to be killed, and could have caused the deputies that were working with him, the undercover officers to be injured, he said. That is something that will never be forgiven.

Gillis said Colson’s arrest was about justice for the police officers that are doing a good job every day. And it is those who trusted Colson that wonder what went awry with him.

Having had no prior indications to believe that Colson was capable of betraying his fellow officers, the chief described Colson as a very likable guy, very respectful, very quiet, very courteous.

How he got hooked up with a known criminal offender still stumps investigators, Gillis said.

Judd said he isn’t sure of the connection either, but said investigators did believe there was a prior relationship. In the late 1990s, Colson was an officer in Lake Hamilton, and Clayton Hoerler, identified as being one of the alleged ring leaders, apparently lived in Lake Hamilton at that time as well. Hoerler, 25, was identified this week by the county sheriff’s office as being a Lake Alfred resident.

We know from the investigation that they were good friends, Judd said. We know they discussed criminal activity freely, and that Colson give him intricate instructions in how to avoid arrest and how to protect himself from covert investigation. He was certainly the consultant for Hoerler.

— Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

If that’s what Keenan Colson did, then good for Keenan Colson.

The Drug War is an aggressive war by the government against innocent people. Neither using marijuana, nor selling marijuana violates anybody else’s rights. Like all so-called victimless crimes, it is in fact not a crime at all in any moral sense; crimes have identifiable victims, and consensual exchanges between willing parties have none. Cops who use force to shut down drug dealing outfits — and that is the only way that cops shut anything down, by beating people, tasering them, pepper-spraying them, pulling guns on them, restraining them, handcuffing them, confining them in police cars and holding cells, and ultimately by having them locked up in cages for years at a time, all of it backed up by the threat of inflicting pain, injuring you, or killing you if you should resist their orders — those cops, I say, are using violence against peaceful people; they are hurting, restraining, and imprisoning people who have never violated the rights of any identifiable victim. If they come after your friends on the basis of these unjust drug laws, then, morally speaking, they are the criminals, and using your connections and your knowledge of the system in order to defend your friend and his livelihood from their aggression — by telling him how to avoid detection, by telling him how to keep from getting unjustly arrested, and by exposing the undercover police spies who have been sent to infiltrate his circle and facilitate the narcs’ efforts to seize innocent people and locking them in cages for the next several years, is not corrupt. It’s certainly not an unforgivable sin. That’s protecting the innocent, and doing so while putting yourself at considerable personal risk from the same uniformed gang that you are trying to protect your friend from. It is, in fact heroic, and Keenan Colson deserves the title of hero far more than the vast majority of the arrogant, preening, entitled cops who never stop hollering about their own heroics and the protection they inflict on unwilling recipients every day.

Meanwhile, the police chief in Lake Wales has decided to engage in a low form of farce:

If your officers do commit criminal acts, they need to be arrested just like anyone else, the chief said. A lot of times things may be handled where people may be just terminated or let go. That’s not the way you are supposed to do things, that’s why I told the officers around here hold your heads up. We’ve been through a lot, we’ve been in the paper a lot with our officers who have done stuff wrong.

We are going to hold offenders accountable, because we hold our people accountable. To me that is a good thing because we hold ourselves accountable first, we hold offenders accountable second. And that’s a position you want to be in law enforcement, that’s accountability, that’s integrity, he added.

— Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

That’s bullshit, is what that is.

When cops harass, unjustly imprison, beat, hurt, torture, rape, or kill the people that they contemptuously dismiss as civilians, there isn’t a damn bit of accountability. They may be transferred to another precinct; they may be given a paid vacation for a few months before fellow cops exonerate them in administrative hearing for a few months; in really extraordinary circumstances, where evidence of guilt is undeniable and has also, by the way, been reeased to the public, someone might actually lose their job over it. But they will almost certainly never face jail time, or any criminal responsibility whatsoever, for what they do. As the victim, you might, if you are very lucky, get an Oops, our bad; realistically, what you’re more likely to get is Fuck you, civilian.

The reason that Keenan Colson has been arrested and is now threatened with jail has exactly nothing to do with any general commitment by the police force to accountability or integrity. The unforgivable sin for which he is being arrested and prosecuted is the fact that he gave out information that messed with the game of the other cops who were coming after his friend. Cops protect their power, and they’ll do just about anything to anybody who endangers that by valuing the safety of a friend over the ability of his gang brothers to go on with their activities unimpeded. Keenan Colson is only the latest to get the long knife treatment for the unforgivable sin of acting like a responsible human being at the expense of gang loyalty. He won’t be the last.

(Via Drug War Chronicle 2008-08-29 and Drug War Chronicle 2008-08-22.)

From Drug War Chronicle (2008-08-22): Feature: The Drug Checkpoint That Wasn’t — Louisiana Lawmen Play Fast and Loose with the Constitution:

In its 2000 decision in Indianapolis v. Edmond, the US Supreme Court held that the city’s effort to attack the drug trade by holding a checkpoint to look for drugs was an unconstitutional violation of the Fourth Amendment’s protection of the right to be free from unwarranted searches and seizures. But in the years since then, a handful of departments across the county, usually in the South, have brazenly trumpeted their resort to drug checkpoints.

The latest department to step into the breach was Louisiana’s Beauregard Parish Sheriff’s Office, which held such a checkpoint last Thursday night near the town of Starks. Following the lead of sheriff’s deputies, the local newspaper was all over the story.

Narcotics checkpoint a success, blared the headline in Monday’s Derrider Daily News story on the police action. The article went on to explain how, following complaints of drug dealing in the neighborhood, police decided to take action:

The Beauregard Parish Sheriff’s Office set up a Narcotics Checkpoint Thursday night near Starks, Louisiana, the local paper reported. Due to several complaints coming from the Fields area, the BPSO put together a joint operation with the help of Sheriff Ricky Moses and the DeRidder city police department. The operations utilized several BPSO deputies as well as the new Drug Interdiction team led by Detectives Dale Sharp and Greg Hill. Seven police units total were used for the operation in addition to four other units performing regular patrols.

The checkpoint resulted in three arrests for marijuana and hydrocodone possession, a quarter pound of marijuana being tossed from an unknown vehicle’s window, and a number of traffic citations.

If this really was a drug checkpoint, it is clearly unconstitutional, said Steve Silverman, executive director of the constitutional rights defense group Flex Your Rights.

Well, O.K., whatever. If you are ever hauled into court as the result of one of these checkpoints, that’s important information to have. But the problem is that cops are, as a rule, better at manipulating the court than you are; they are trained in how to exploit loopholes, how to manipulate people, and how to get cheap sympathy from judges and juries. As Silverman himself says:

If people went to court and fought it, the evidence would be dismissed — unless they consented to a search. The sheriff down there must know checkpoints like this are constitutionally questionable, but they can still ask people to consent, and they know how to phrase that request in such a way that people are likely to consent, he said.

The problem with these roadblocks and checkpoints by uniformed highwaymen, which impose blanket screening of ordinary people by police and which intimidate or force everyone to submit to interrogation and searches, treating anyone who happens to be on a particular road as a presumptive criminal, who needs to prove her innocence to the police in order to be left alone to go about her own business, based on no probable cause whatever — and all in order to find and imprison a handful of nonviolent drug traffickers, who are violating absolutely nobody’s rights, who are doing a peaceful and productive service for willing customers, whose only crime was to defy a senseless government prohibition on the kinds of chemicals that people may willingly put into their own bodies — the problem with that, I say, has nothing to do with whether these internal checkpoints and constrictions on peaceful people’s freedom of movement and security in their persons and effects, happen to be consistent or inconsistent with a fundamentalist reading of the words scribbled onto a 200-year-old piece of paper. The real problem is not that this kind of Ihre Papiere, bitte treatment is unconstitutional; it’s that it’s tyrannical. Tyranny is bad enough whether or not the Nine can be convinced that it can be excused on a legal technicality, and the reasons why are moral, not constitutional. Even when cops can invent absurd technicalities in order to convince a judge (who is always willing to be convinced that another State employee was acting within bounds) that their extraction of searches through intimidation, coercion, and the inevitable recourse to the threat of arbitrary arrest on any of the countless vague laws that nobody can possibly avoid violating in daily life, all somehow amounts to consent. And those of us who oppose the drug war, and the police state that has emerged in order to prosecute it, ought to be more clear and less timid about saying so. We don’t need The Law on our side to be right. If the Constitution allows that kind of brigandry and tyranny, then the Constitution itself is tyrannical. If the Constitution does not allow it, then it has been demonstrated as thoroughly as you please that the Constitution can do nothing effective to prevent it. In either case it is unfit to exist, and certainly undeserving of our deferential appeals.

In related news, holiday bloggers should keep in mind that there are only 7 more ranting days left before International Ignore the Constitution Day.

See also:

• GT 2007-12-04: We put the Arch in Anarchy #2
• GT 2007-09-06: Marching orders
• GT 2006-01-25: We put the Arch in Anarchy
• GT 2006-01-05: An Open Question for Constitutionalist Liberals

Show me what a police state looks like…

This is what a police state looks like!

August 30

Protesters here in Minneapolis have been targeted by a series of highly intimidating, sweeping police raids across the city, involving teams of 25-30 officers in riot gear, with semi-automatic weapons drawn, entering homes of those suspected of planning protests, handcuffing and forcing them to lay on the floor, while law enforcement officers searched the homes, seizing computers, journals, and political pamphlets. Last night, members of the St. Paul police department and the Ramsey County sheriff’s department handcuffed, photographed and detained dozens of people meeting at a public venue to plan a demonstration, charging them with no crime other than “fire code violations,” and early this morning, the Sheriff’s department sent teams of officers into at least four Minneapolis area homes where suspected protesters were staying.

. . . In the house that had just been raided, those inside described how a team of roughly 25 officers had barged into their homes with masks and black swat gear, holding large semi-automatic rifles, and ordered them to lie on the floor, where they were handcuffed and ordered not to move. The officers refused to state why they were there and, until the very end, refused to show whether they had a search warrant. They were forced to remain on the floor for 45 minutes while the officers took away the laptops, computers, individual journals, and political materials kept in the house. One of the individuals renting the house, an 18-year-old woman, was extremely shaken as she and others described how the officers were deliberately making intimidating statements such as “Do you have Terminator ready?” as they lay on the floor in handcuffs.

. . . There is clearly an intent on the part of law enforcement authorities here to engage in extreme and highly intimidating raids against those who are planning to protest the Convention.

— Glenn Greenwald, Salon (2008-08-30): Massive police raids on suspected protesters in Minneapolis

August 30

This is Eileen Clancy, one of the founders of I-Witness Video, a NYC-based video collective that’s in St. Paul to document the policing of the protests around this week’s Republican National Convention.

The house where I-Witness Video is staying in St. Paul has been surrounded by police. We have locked all the doors. We have been told that if we leave we will be detained. One of our people who was caught outside is being detained in handcuffs in front of the house. The police say that they are waiting to get a search warrant. More than a dozen police are wielding firearms, including one St. Paul officer with a long gun, which someone told me is an M-16.

We are suffering a preemptive video arrest. For those that don’t know, I-Witness Video was remarkably successful in exposing police misconduct and outright perjury by police during the 2004 RNC. Out of 1800 arrests, at least 400 were overturned based solely on video evidence which contradicted sworn statements which were fabricated by police officers. It seems that the house arrest we are now under and the possible threat of the seizure of our computers and video cameras is a result of the 2004 success.

— Eileen Clancy, I-Witness Video Blog (2008-08-30): i-witness video emergency press statement from the RNC

August 30

The work of the I-Witness Video collective was interrupted this past Saturday, August 30, 2008, when St. Paul police detained 7 members of the group (along with an assortment of other individuals) for several hours. The NYC-based video collective is in St. Paul to document the policing of the protests at the Republican National Convention.

The incident began in the late morning when an FBI agent and a Wisconsin Deputy Sheriff showed up on the doorstep of the house in which members were staying (on Igelhart St.), interrupting a collective planning meeting. The officers left after a short conversation with members through a locked front door. Two hours later, around 30 police surrounded the house. Two people who left the house were detained in handcuffs; several others, who were inside, were told that if they left, they would be also be detained. Around the same time, three other I-Witness Video members who had left the house on bikes and two others who were riding in a car across town were also detained by police.

Two hours later, after the search warrant arrived, police at the Igelhart Street house stormed in, pointing an automatic handgun at the people inside. They handcuffed all the individuals inside, collected their personal information, and corralled them in the back garden. While police held the media activists and their friends there, members of the media, who had gathered in an adjoining backyard, interviewed I-Witness Video member Eileen Clancy from behind a fence. After completing their search, the police finally uncuffed everyone and departed. Within about two hours, the other I-Witness Video groups–who had been detained on bikes and in a car, all of whom also had their identifications verified and had undergone searches of various kinds–were also released.

During the raids, members of I-Witness Video managed to send out several email and text messages to supporters, legal support, and press. In response, hundreds of people called the office of the St. Paul Mayor Chris Coleman.

Among those individuals detained was Democracy Now! producer Elizabeth Press, who had her camera with her throughout the incident. This morning, Democracy Now! ran a news segment on the many preemptive raids that police have launched against activists in St. Paul this month, including the raid that I-Witness Video suffered on Saturday.

This was a clear effort to intimidate and undermine the work of I-Witness Video–a group that was remarkably successful in exposing police misconduct and outright perjury by police during the 2004 RNC. Out of 1800 arrests made that week, at least 400 were overturned based solely on video evidence which contradicted sworn statements by police officers.

— Rachel Mattson, I-Witness Video Blog (2008-09-01): I-Witness Video Members Detained En Masse by St.Paul, Minnesota Police in Advance of the 2008 Republican National Convention

September 3

At about 2:45 this past afternoon (Sept. 3), police wielding batons and a battering ram entered the professional office building on Selby Avenue in St. Paul where I-Witness Video is renting work space.

Geneva Finn, an attorney with the National Lawyer’s Guild went to head off the police. After the police left, she made this statement at an impromptu press conference on the street:

A few minutes ago, one of our legal observers called me to the door. I saw the St. Paul police unloading a bunch of equipment from their cars and they saw me at the door. They saw me at the door, they motioned me forward. I came forward to their cars. They told me that they had reports that somebody was holding somebody hostage in the building, that there had been a kidnapping. They told me that somebody, an undercover had told them, that the anarchists were holding people hostage in our building.

I work for the NLG [National Lawyers Guild] here, we have, we’re working at one of our lawyer’s offices, I said, “Is it in our law office?” They said “No, it’s upstairs.” They then came into the building with me, I showed them what was going on upstairs. They did a pull-up on the frame of I-Witness’ door, looked in, saw that there was people in there, nobody was being held hostage. I then asked the police to leave, since no one was obviously being held hostage here, and they refused. Eventually their head sergeant came here, and decided that they could leave the building.

Anarchists taking hostages? Kidnapping?

This is extraordinary, folks. The St. Paul police came after us with unfounded allegations that we were engaged in criminal behavior. This harassment has interfered with our ability to do the work of documenting the policing of protests that we have come to St. Paul to do. They were able to put pressure on the landlord to do something that they could not force under the law. We were informed that, as a result of all of the commotion, our landlord wanted us to leave the premises immediately.

We packed up our belongings as quickly as possible and were welcomed at the offices of Free Speech TV in St. Paul, for which we are deeply grateful.

— Eileen Clancy, I-Witness Video Blog (2008-09-04): St. Paul Police use bogus “hostage” claim to seek entry to I-Witness Video office

While reporting from a protest at the Republican National Convention, Utne Reader intern Chelsey Perkins captured footage of police launching gas canisters at protesters and chasing them down the banks of the Mississippi river in St. Paul. . . .

Having seen protesters and police clash in the distance, Perkins asked an officer how to get away from the conflict zone. She was directed toward a river walk with a large group of people including both protesters and bystanders. The police followed closely behind, until multiple groups of officers on bikes, horses, and on foot surrounded and detained everyone in the area.

Once surrounded, Perkins was told to get on the ground with her hands on her head. Some of the people were placed in plastic cuffs, and a large bullhorn announced that everyone in the area was under arrest. Members of the media were eventually told to leave, because the area was deemed a "crime scene." Perkins tried to explain that she was a member of the media, but without credentials, she was unable to leave.

After some 45 minutes of being detained, Perkins was told that she was no longer under suspicion and could leave if she wanted. When she agreed, she was surrounded by a group of police who escorted her away from the area.

— Bennett Gordon, Utne Blogs (2008-09-01): RNC: Police Tear Gas and Arrest Protesters

Before the protests, police from several different government agencies repeatedly used hyperviolent paramilitary SWAT assaults in order to harass, intimidate and disrupt protest groups even though there was absolutely no evidence, other than wild speculation, that anyone posed a threat of violence against the cops sent to serve the warrants, and even though no crime had yet been committed. The cops attacked not only protest groups but also journalists. Then, once the demonstrations had begun, heavily-armed riot cops repeatedly surrounded nonviolent protests, attacked them with batons, ordered them to disperse and then blocked off all possible routes of exit, and fired tear-gas cannisters into crowds of retreating protesters and bystanders.

Remember that so-called electoral democracy — in fact, nothing more than an imperial elective oligarchy — never means that we (meaning you and I and our neighbors) are respected as sovereign individuals or left alone to manage our own affairs. What it means is that a highly organized, heavily armed elite insists on the privilege of “representing” us, ruling over us, and ordering us around, on the excuse that, once every several years, we are given some minimal opportunity to select which of two tightly regimented political parties will take control of the ruling apparatus. It is, in other words, not freedom, but rather a Party State, in which we are given only the choice of which of two bureaucratic political parties might control our lives and livelihoods, with their authority supposedly justified by the ritual of elections and the mandate of popular sovereignty. And if the people (again, meaning you and I and our neighbors) should dare to think that we might challenge the authority of the regime supposedly “representing” us, you'll find that it's the people that go out the window, not the rigged electoral system or the parties' grasp on the authority supposedly derived from those people.

More to come.

… But it must just be the summer heat, right?

In Maryland, a state police Red Squad spent a year and change infiltrating anti-death penalty and anti-war groups, and put the names of nonviolent activists onto terrorist and drug-trafficking watch lists:

The ACLU released 43 pages of [Maryland] state police summaries and computer logs Thursday – some with agents’ names and paragraphs blacked out — that it obtained from the state attorney general’s office through a lawsuit based on Maryland’s Public Information Act.

The files depict a pattern of spying and surveillance over a 14-month period in 2005 and 2006. During that time, agents infiltrated the Baltimore Pledge of Resistance, a peace group; the Baltimore Coalition Against the Death Penalty; and the Committee to Save Vernon Evans, a death row inmate.

Police entered the names of activists in a law enforcement database of people suspected of being terrorists or drug traffickers, the documents show. Police officials said they did not infringe on the protesters’ freedom; the ACLU said that nothing in the documents indicated criminal activity or intent.

Many of the spies’ reports seem innocuous. In one, an agent who attended a gathering of the Evans group noted that activists discussed the stance that a candidate for Baltimore County state’s attorney might take on the death penalty.

Yesterday, [former Maryland Governor Bob] Ehrlich said on WJZ-TV that he was sympathetic to the principle that police should not spy on groups when there is no evidence of wrongdoing.

But he added, We pay state police to make decisions, and obviously they bring discretion with them to their jobs every day, so their job on a daily basis obviously is to weigh the relative value of intelligence they’ve received and to make decisions accordingly.

— Jonathan Bor and Gus G. Sentementes, Baltimore Sun (2008-07-19): State police spying decried

For example, one of the decisions that cops accordingly make is to harass, assault, restrain, and imprison innocent people who try to photograph them and document how the cops are treating the people they interact with. (Apparently this intelligence thing isn’t a two-way street.) They are, of course, happy to invent completely fictional crimes based on nonexistent laws in order to do so. Thus, in Johnson County, Tennessee:

Nearly everyone carries a cell phone and it's hard to find one without that camera feature. It's convenient when you want to take that impromptu photo, but a Tri-Cities area man ended up behind bars after snapping a shot of a Johnson County sheriff's deputy during a traffic stop.

The cell phone photographer says the arrest was intimidation, but the deputy says he feared for his life.

… A Johnson County sheriff's deputy arrested Scott Conover for unlawful photography.

He says you took a picture of me. It's illegal to take a picture of a law enforcement officer, said Conover.

… The deputy also asked Conover to delete the picture three times.

He said if you don't give it to me, you're going to jail, said Conover.

Under the advice of the Johnson County attorney, the sheriff would not comment and the arresting deputy said he didn't want to incriminate himself by talking to us.

— Darius Radzius, WJHL (2008-07-11): Man Arrested For Unlawful Photography

Carlos Miller elaborates on the same case:

Update: I talked to Scott Conover Wednesday morning and he said they delayed his court appearance to Sept. 3rd, which sounds familiar because they kept doing the same thing in my case. (I was arrested last year for photographing cops against their wishes). In my case, I took it as a sign that they were hoping the delay would cause the media interest to die down.

After arresting Scott Conover for unlawful photography in Mountain City, Tennessee last June, Johnson County Sheriff's Deputy Starling McCloud threatened to arrest Conover's 12-year-old daughter with the same charge after she snapped two photos of her father getting handcuffed.

As it turns out, she is a better photographer than her father because she actually managed to photograph the camera shy deputy.

… It won't be the first time [Scott Conover has] faced off against the Johnson County Sheriff's Office in court.

A couple of years ago, we had problems with the sheriff, so we sued them and settled out of court for an undisclosed sum, he said.

But the problems started even before that, after he witnessed deputies beating a man in front of the restaurant/bar he owns.

They beat the shit out of him, he said. The guy's lawyer came back and took witness statements. When the statements made it back to the sheriff's department, they came by and asked me why I was getting involved.

Not long after that, deputies started staking out his business, Jammers Rocking Road House, which he said is modeled after the Tiki Bar in Key Largo.

They were wolf-packing my customers, he said. They would lie and wait for them to leave and then pull them over to see if they had been drinking.

Conover struck back by suing them.

… On the night of his arrest, Conover and his family had left the Last Chance Saloon after picking up the nightly earnings and were on their way back to Jammers. His wife was sitting in the passenger's seat. His son and daughter were in the back seat.

Up ahead were a group of customers who had just left the bar. A Johnson County Sheriff's deputy, who was parked along side of the road, pulled over the car with the customers.

The lady who was driving doesn't drink, he said. Her husband, who does drink, was sitting in the passenger's seat.

Conover pulled up to the scene and stopped his Hummer in front of the traffic stop. He asked his son for his IPhone, then rolled the window down and said:

Hey fellas, I'm just getting your picture.

Then he snapped the photo. Deputy McCloud — who has been on the force only 18 months — told him that photographing him was illegal.

I asked, what planet are you from?, Conover said.

McCloud started threatening to arrest him if he did not delete the photo, which as it turned out, did not even capture the deputy.

Conover's wife even asked her husband to just hand the deputy the IPhone, but he refused. The deputy kept threatening him with arrest if he didn't delete the photo.

The deputy then ordered Conover out of his car.

I threw the phone back to my daughter and told her to keep taking photos.

By then, two Mountain City police officers had pulled up to the scene, including Kenneth Lane and Ben May, who is in the dark uniform in the above photos. McCloud placed two sets of handcuffs on Conover, who is six-feet tall and weighs 270 pounds, and apparently looked as if he could break out of a single pair of handcuffs.

Conover's daughter snapped two photos before McCloud threatened her with arrest.

He started trying to get in my Hummer and get to the back seat where my kids were. I told him, You better not go back there or else we're going to have some real problems, he said.

McCloud decided against arresting the daughter.

At the jail, Conover asked McCloud if had ever heard of the First Amendment.

He then turned to me and said, I’m charging you with disorderly conduct.

Thirty minutes later, after McCloud had left the jail — and had time to think of what other charges he could come up with — he called the jailer and added another charge against Conover; pointing a laser at an officer.

— Carlos Miller, Photography is Not a Crime (2008-08-05): Deputy threatened to arrest 12-year-old daughter for unlawful photography

Meanwhile, in Ohio, posturing macho paramilitary cops gunned down an unarmed woman holding nothing other than her baby boy. They fired high-powered rifles, blindly into a room they couldn’t see, because they saw a shadow on the wall during their cock-swinging commando SWAT raid. Please remember that cops are hired and trained to keep you and me safe, so obviously no matter how many unarmed women these heavily armed, trained professionals mow down in a wild attempt to save their own skins, the warrior mindset means never having to say you’re sorry.

A Lima, Ohio jury has acquitted police officer Joseph Chavalia of involuntary manslaughter in the death of 26-year-old Tarika Wilson. Chavalia shot and killed Wilson and wounded her infant son during a drug raid last January. Wilson was unarmed.

During the raid, one of Chavalia’s fellow officers shot and killed the two dogs owned by Wilson’s boyfriend and the target of the raid, Anthony Terry. Chavalia testified that he mistook his fellow officer’s shots at the dogs for hostile gunfire coming from the bedroom where Wilson was standing with her child. Chavalia then fired blindly into the bedroom.

The jury concluded that Chavalia reasonably feared for his life when he heard the gunshots. I guess they were then willing to overlook Chavalia’s mistaking an unarmed woman holding a baby for an armed drug dealer, and the fact that he fired blindly into a room without first identifying what he was shooting at. It’s too bad that that same sort of deference isn’t given to the people on the receiving end of these raids when they too understandably confuse the police officers who wake them from sleep and invade their homes for criminal intruders.

— Radley Balko, Hit and Run (2008-08-05): Lima, Ohio SWAT Officer Acquitted in the Killing of Tarika Wilson

Over in Chicago, the arbitrary governor over the state of Illinois has declared that what Chicago needs is yet another elite tactical team to patrol inner city neighborhoods, complete with state troopers and military helicopters.

Calling violence in Chicago out of control, Gov. Blagojevich on Wednesday offered to lend state troopers and National Guard helicopters to the city to augment the Chicago Police.

The governor is considering forming an elite tactical team to help the Chicago Police fight gang problems, a source said, adding that the unit could later be sent across the state to deal with gang problems at any city’s request.

— Chicago Sun-Times (2008-07-17): Gov. says Chicago out of control

Meanwhile, the Fighting Uruk-Hai of Arizona proposes that we ought to combat inner city crime using the strategic hamlet surge tactics that have made for such a brilliant success in the occupation of Iraq.

We might look at what Rudy Giuliani did in New York City, when he became mayor of that city. … And some of those tactics, very frankly — you mention the war in Iraq — are like that we use in the military. You go into neighborhoods, you clamp down, you provide a secure environment for the people that live there, and you make sure that the known criminals are kept under control. And you provide them with a stable environment and then they cooperate with law enforcement, etc, etc.

Do you feel safer now?

(Stories via Darian Worden (2008-07-18): Martial Law 2008, Manuel Lora @ LewRockwell.com Blog (2008-08-02): The Fascist McCain On Solving Neighborhood Crimes, Ali @ ThinkProgress (2008-08-01): McCain suggests military-style invasion modeled on the surge to control inner city crime, etc.)

See also:

• GT 2008-07-12: No, seriously, I could swear the water in this pot is getting a little hotter... (#4)
• GT 2008-06-05: Neighborhood Safety Ghettoes in D.C.
• GT 2008-05-15: No, seriously, I could swear the water in this pot is getting a little hotter... (#3)
• GT 2008-05-12: No, seriously, I could swear the water in this pot is getting a little hotter... (#2)
• GT 2008-05-06: No, seriously, I could swear the water in this pot is getting a little hotter...
• GT 2008-04-28: Is it just me or is the water in this pot getting a little hotter?

Other than setting off explosions and taking strong drink, indulging in nationalist nostalgia is probably the most popular way to celebrate July 4th in the U.S. of A. It is, we are told, a day to sing national hymns, pledge our allegiance, have a parade, say a few words about the glory of this old Union, and fly the military colors from every available flagpole. We are told that it is, above all, a day sanctified for celebrating the birth of a new nation.

No it isn't.

July 4th is not the anniversary of the birth of a new government; it is the anniversary of the ignominious death of a tyranny. On July 4th, 1776, there was no such thing as the United States of America, and the events of that day did nothing to create it. The regime under which we live today was not proclaimed until almost a decade later, on September 17, 1787. What was proclaimed on July 4th was not the establishment of a new government, but the dissolution of all political allegiance to the old one. All for the best: in this secessionist republic of one, we see no reason to celebrate the birth and rise of a foreign power; and in any case a transfer of power from London to Washington, from King George III to President George I, is no more worthy of celebration than any other coup d’etat. What is worth celebrating is this:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. —That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it .... [W]hen a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

— Declaration of Independence, 4 July 1776

That is, the revolutionary doctrine that we all, each of us, are the equal of every puffed-up prince and President–that as such you, personally, have every right to refuse the arbitrary orders of tyrants–to ignore their sanctimonious claims of sovereignty–to sever all political connections if you want–and to defend yourself from any usurper who would try to rule you without your consent. There is no man or woman on this earth who has the natural right to rule over you, and you have every right, whenever and wherever you will to do so, to oppose, withdraw, resist, and thus stand aright as a free and sovereign human being.

The logical conclusion of the radical equality proclaimed by the Declaration is not, however, what Jefferson or any of the other quasi-revolutionists thought it was. It is not home rule, and it is not republican government. It is not majoritarian democracy or the elective kingship that passes for the Presidency today. It is not democratic government or limited government; it is not any kind of government at all. If you, personally, are equal in rightful authority to your would-be rulers, and so have every right to tell them where they can go promulgate their law; if you, personally, have every right to refuse their demands and nullify their authority over you, at your discretion; if you have every right to withdraw your allegiance, and every right to defend yourself if they should come after you; then the logical conclusion is not popular sovereignty, but individual sovereignty, for each of us, which is to say, anarchy. So when a self-styled Progressive Patriot like Russ Feingold, arbitrary Senator over the state of Wisconsin, utters something like this, in opposing the efforts of the efforts of the arbitrary Congress over the United States to implement an unapologetically tyrannical regime of government eavesdropping and surveillance:

I teased some of my colleagues and said we can celebrate the Constitution on July 4th and maybe when we come back you’ll decide not to tear it up.

… We should applaud the political cause, but recognize the reasons given for the counter-historical bunk that they are. July 4th had nothing to do with begging the existing government to abide by the promises supposedly made in its own Constitution, or with trying to get the powers that be to exercise their better natures. The throne of the Constitution, or of the Law, or of the Majority, is no more dignified or sacred than the old thrones of the Czars and Sultans. Let’s not bow and scrape before them. William Lloyd Garrison, for one, knew what this Revolutionary anniversary was all about, and 154 years ago today, in Framingham, Massachusetts, he showed how you ought to celebrate the Constitution on July 4th:

The rally began with a prayer and a hymn. Then Garrison launched into one of the most controversial performances of his career. To-day, we are called to celebrate the seventy-eighth anniversary of American Independence. In what spirit? he asked, with what purpose? to what end? The Declaration of Independence had declared that all men are created equal … It is not a declaration of equality of property, bodily strength or beauty, intellectually or moral development, industrial or inventive powers, but equality of RIGHTS–not of one race, but of all races.

—Massachussets Historical Society, July 2005

We have proved recreant to our own faith, false to our own standard, treacherous to the trust committed to our hands; so that, instead of helping to extend the blessings of freedom, we have mightily served the cause of tyranny throughout the world. Garrison then spoke about the prospects for the success of the revolutionary spirit within the nation, prospects he regarded as dismal because of the insatiable greed, boundless rapacity, and profligate disregard of justice prevalent at the time. He concluded his speech by asserting, Such is our condition, such are our prospects, as a people, on the 4th of July, 1854! Setting aside his manuscript, he told the assembly that he should now proceed to perform an action which would be the testimony of his own soul to all present, of the estimation in which he held the pro-slavery laws and deeds of the nation …

— from Thoreau: Lecture 43, 4 July, 1854

Producing a copy of the Fugitive Slave Law, he set fire to it, and it burst to ashes. Using an old and well-known phrase, he said, And let all the people say, Amen; and a unanimous cheer and shout of Amen burst from the vast audience. In like manner, Mr. Garrison burned the decision of Edward G. Loring in the case of Anthony Burns, and the late charge of Judge Benjamin R. Curtis to the United States Grand Jury in reference to the treasonable assault upon the Court House for the rescue of the fugitive–the multitude ratifying the fiery immolation with shouts of applause. Then holding up the U.S. Constitution, he branded it as the source and parent of all the other atrocities,–a covenant with death, and an agreement with hell,–and consumed it to ashes on the spot, exclaiming, So perish all compromises with tyranny! And let all the people say, Amen! A tremendous shout of Amen! went up to heaven in ratification of the deed, mingled with a few hisses and wrathful exclamations from some who were evidently in a rowdyish state of mind, but who were at once cowed by the popular feeling.

–from The Liberator, 7 July 1854 (boldface added)

Today is not a day for nationalist bromides; least of all is it a day for government or its laws or its foot-soldiers. It’s a day for radicals and revolutionaries. A day to proclaim independence, and a day to remember that the American Revolution, if it was worth anything, is far from over. Here is how Frederick Douglass, a refugee from Southern slavery who became one of the United States’ most celebrated orators, put it back in July of 1852:

Fellow-citizens, pardon me, allow me to ask, why am I called upon to speak here to-day? What have I, or those I represent, to do with your national independence? Are the great principles of political freedom and of natural justice, embodied in that Declaration of Independence, extended to us? and am I, therefore, called upon to bring our humble offering to the national altar, and to confess the benefits and express devout gratitude for the blessings resulting from your independence to us?

…

Fellow-citizens; above your national, tumultous joy, I hear the mournful wail of millions! whose chains, heavy and grievous yesterday, are, to-day, rendered more intolerable by the jubilee shouts that reach them. If I do forget, if I do not faithfully remember those bleeding children of sorrow this day, may my right hand forget her cunning, and may my tongue cleave to the roof of my mouth! To forget them, to pass lightly over their wrongs, and to chime in with the popular theme, would be treason most scandalous and shocking, and would make me a reproach before God and the world. My subject, then fellow-citizens, is AMERICAN SLAVERY. I shall see, this day, and its popular characteristics, from the slave’s point of view. Standing, there, identified with the American bondman, making his wrongs mine, I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this 4th of July! Whether we turn to the declarations of the past, or to the professions of the present, the conduct of the nation seems equally hideous and revolting. America is false to the past, false to the present, and solemnly binds herself to be false to the future. Standing with God and the crushed and bleeding slave on this occasion, I will, in the name of humanity which is outraged, in the name of liberty which is fettered, in the name of the constitution and the Bible, which are disregarded and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, everything that serves to perpetuate slavery–the great sin and shame of America! I will not equivocate; I will not excuse; I will use the severest language I can command; and yet not one word shall escape me that any man, whose judgement is not blinded by prejudice, or who is not at heart a slaveholder, shall not confess to be right and just.

But I fancy I hear some one of my audience say, it is just in this circumstance that you and your brother abolitionists fail to make a favorable impression on the public mind. Would you argue more, and denounce less, would you persuade more, and rebuke less, your cause would be much more likely to succeed. But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light? Must I undertake to prove that the slave is a man? That point is conceded already. Nobody doubts it. The slaveholders themselves acknowledge it in the enactment of laws for their government. They acknowledge it when they punish disobedience on the part of the slave. There are seventy-two crimes in the State of Virginia, which, if committed by a black man, (no matter how ignorant he be), subject him to the punishment of death; while only two of the same crimes will subject a white man to the like punishment. What is this but the acknowledgement that the slave is a moral, intellectual and responsible being? The manhood of the slave is conceded. It is admitted in the fact that Southern statute books are covered with enactments forbidding, under severe fines and penalties, the teaching of the slave to read or to write. When you can point to any such laws, in reference to the beasts of the field, then I may consent to argue the manhood of the slave. When the dogs in your streets, when the fowls of the air, when the cattle on your hills, when the fish of the sea, and the reptiles that crawl, shall be unable to distinguish the slave from a brute, there will I argue with you that the slave is a man!

For the present, it is enough to affirm the equal manhood of the negro race. Is it not astonishing that, while we are ploughing, planting and reaping, using all kinds of mechanical tools, erecting houses, constructing bridges, building ships, working in metals of brass, iron, copper, silver and gold; that, while we are reading, writing and cyphering, acting as clerks, merchants and secretaries, having among us lawyers, doctors, ministers, poets, authors, editors, orators and teachers; that, while we are engaged in all manner of enterprises common to other men, digging gold in California, capturing the whale in the Pacific, feeding sheep and cattle on the hill-side, living, moving, acting, thinking, planning, living in families as husbands, wives and children, and, above all, confessing and worshipping the Christian’s God, and looking hopefully for life and immortality beyond the grave, we are called upon to prove that we are men!

Would you have me argue that man is entitled to liberty? that he is the rightful owner of his own body? You have already declared it. Must I argue the wrongfulness of slavery? Is that a question for Republicans? Is it to be settled by the rules of logic and argumentation, as a matter beset with great difficulty, involving a doubtful application of the principle of justice, hard to be understood? How should I look to-day, in the presence of Americans, dividing, and subdividing a discourse, to show that men have a natural right to freedom? speaking of it relatively, and positively, negatively, and affirmatively. To do so, would be to make myself ridiculous, and lo offer an insult to your understanding. There is not a man beneath the canopy of heaven, that does not know that slavery is wrong for him.

What, am I to argue that it is wrong to make men brutes, to rob them of their liberty, to work them without wages, to keep them ignorant of their relations to their fellow men, to beat them with sticks, to flay their flesh with the lash, to load their limbs with irons, to hunt them with dogs, to sell them at auction, to sunder their families, to knock out their teeth, to burn their flesh, to starve them into obedience and submission to their masters? Must I argue that a system thus marked with blood, and stained with pollution, is wrong? No! I will not. I have better employments for my time and strength, than such arguments would imply.

What, then, remains to be argued? Is it that slavery is not divine; that God did not establish it; that our doctors of divinity are mistaken? There is blasphemy in the thought. That which is inhuman, cannot be divine! Who can reason on such a proposition? They that can, may; I cannot. The time for such argument is past.

At a time like this, scorching irony, not convincing argument, is needed. O! had I the ability, and could I reach the nation’s ear, I would, to-day, pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quickened; the conscience of the nation must be roused; the propriety of the nation must be startled; the hypocrisy of the nation must be exposed; and its crimes against God and man must be proclaimed and denounced.

What, to the American slave, is your 4th of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim. To him, your celebration is a sham; your boasted liberty, an unholy license; your national greatness, swelling vanity; your sounds of rejoicing are empty and heartless; your denunciations of tyrants, brass fronted impudence; your shouts of liberty and equality, hollow mockery; your prayers and hymns, your sermons and thanksgivings, with all your religious parade, and solemnity, are, to him, mere bombast, fraud, deception, impiety, and hypocrisy–a thin veil to cover up crimes which would disgrace a nation of savages. There is not a nation on the earth guilty of practices, more shocking and bloody, than are the people of these United States, at this very hour.

— Frederick Douglass (1852): What to the Slave is the Fourth of July?

And let the people say, Amen.

Happy Revolution Day. Let’s shut off the Lee Greenwood, and take down that damned flag. It’s time to celebrate the day under a new banner. One which reads:

All power to the people!

And:

No truce with Kings!

And:

Anarchy is the radical notion that other people are not your property.

Other orations:

• GT 2005-07-04: Burn, baby, burn
• GT 2006-07-04: Independence Day
• Roderick Long, Austro-Athenian Empire (2006-07-04): A Thought for the Fourth