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Law and Orders: UCLA campus police “found it necessary” to repeatedly taser an Iranian student already lying helpless on the ground

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who are not posing any serious threat to anyone, in order to make sure that they stay in control of the situation. They have no trouble electrifying small children, alleged salad-bar thieves; or pregnant women possibly guilty of a minor traffic violation, if they get tired enough of being talked back to and if their bellowed orders are no longer sufficient to end an argument–even without any plausible reason whatsoever for fearing any physical threat to themselves or others. When they are caught in the act police administrators will wring their hands, make up some lies to try to excuse the assault, promise an investigation, find that Official Procedures were followed, and then do nothing at all, except perhaps question the decision to arm the pigs with tasers (as if the equipment were the issue here). This is a cellphone video of what happened to UCLA student Mostafa Tabatabainejad when he refused to show identification to campus police and then demanded that they not touch him while he left the library.

(Link and story via Brian Doherty @ Reason Hit and Run 2006-11-16.)

Here is the story from The Los Angeles Times:

The latest in a recent spate of cellphone videos documenting questionable arrest tactics surfaced Wednesday, this one showing a UCLA police officer using a Taser to stun a student who allegedly refused to leave the campus library.

Grainy video of the Tuesday night incident at UCLA’s Powell Library was broadcast Wednesday on TV news and the Internet, prompting a review of the officers’ actions and outrage among students at the Westwood campus.

The footage showed the student, Mostafa Tabatabainejad, falling to the ground and crying out in pain as officers stunned him.

According to a campus police report, the incident began when community service officers, who serve as guards at the library, began their nightly routine of checking to make sure everyone using the library after 11 p.m. is a student or otherwise authorized to be there.

Campus officials said the long-standing policy was adopted to ensure students’ safety.

When Tabatabainejad, 23, refused to provide his ID to the community service officer, the officer told him he would have to show it or leave the library, the report said.

After repeated requests, the officer left and returned with campus police, who asked Tabatabainejad to leave multiple times, according to a statement by the UCLA Police Department.

He continued to refuse, the statement said. As the officers attempted to escort him out, he went limp and continued to refuse to cooperate with officers or leave the building.

Witnesses disputed that account, saying that when campus police arrived, Tabatabainejad had begun to walk toward the door with his backpack. When an officer approached him and grabbed his arm, the witnesses said, Tabatabainejad told the officer to let go, yelling Get off me several times.

Tabatabainejad encouraged library patrons to join his resistance, police said. The officers deemed it necessary to use the Taser.

Officers stunned Tabatabainejad, causing him to fall to the floor.

The video shows Tabatabainejad yelling, Here’s your Patriot Act, here’s your … abuse of power, the Daily Bruin reported, adding he used a profanity.

It was beyond grotesque, said UCLA graduate David Remesnitsky of Los Angeles, who witnessed the incident. By the end they took him over the stairs, lifted him up and Tasered him on his rear end. It seemed like it was inappropriately placed. The Tasering was so unnecessary and they just kept doing it.

Campus police confirmed that Tabatabainejad was stunned multiple times.

By then, Remesnitsky said, a crowd of 50 or 60 had gathered and were shouting at the officers to stop and demanding their names and badge numbers.

Remesnitsky said officers told him to leave or he would be Tasered.

Tabatabainejad declined to comment. He was arrested Tuesday night and cited by campus police for resisting and obstructing a police officer and was released.

The incident was the third videotape of an arrest to surface in the last week in Los Angeles.

One video showed a Los Angeles Police Department officer dousing a handcuffed suspect in the face with pepper spray as the suspect sat in a patrol car.

That video came to light Monday, just days after the LAPD and the FBI launched investigations into another videotape showing a police officer hitting a suspect in the face several times after a foot chase in Hollywood.

UCLA Assistant Police Chief Jeff Young said Wednesday that he had viewed the video of the campus incident on the Internet and would view any other videos that were shot.

We will gather as many samples as we can find, from different sources, Young said. We’ll use it for our own administrative investigation.

— Amanda Covarrubias and Stuart Silverstein, Los Angeles Times (2006-11-16): A third incident, a new video

Here is the campus police’s military necessity justification for repeatedly electrifying an unarmed man already lying on the ground and offering no physical resistance, let alone physical threat, to the armed and uniformed gang of peace officers surrounding him:

Tabatabainejab encouraged library patrons to join his resistance. A crowd gathering around the officers and Tabatebainejad’s continued resistance made it urgent to remove Tabatabainejad from the area. The officers deemed it necessary to use the Taser in a drive stun capacity.

— University of California Police Department (2006-11-15): Powell Library Incident

The Powell Library is university property, and authorized agents of the university have every right to force out someone who does not use the library according to the policies set by the university. What they have no right to do is to carry out those aims by repeatedly using powerful electric shocks to immobilize a helpless man with pain, over and over again, when he is already lying on the ground, solely in order to keep control of the situation or to ensure students’ safety when the students themselves feel far more threatened by the belligerent and violent police. Whether or not they found it necessary to torture Tabatabainejab with electric shocks in order to accomplish those things is quite irrelevant. As Edmund Burke once wrote,

To prove, that these Sort of policed Societies are a Violation offered to Nature, and a Constraint upon the human Mind, it needs only to look upon the sanguinary Measures, and Instruments of Violence which are every where used to support them. Let us take a Review of the Dungeons, Whips, Chains, Racks, Gibbets, with which every Society is abundantly stored, by which hundreds of Victims are annually offered up to support a dozen or two in Pride and Madness, and Millions in an abject Servitude, and Dependence. There was a Time, when I looked with a reverential Awe on these Mysteries of Policy; but Age, Experience, and Philosophy have rent the Veil; and I view this Sanctum Sanctorum, at least, without any enthusiastick Admiration. I acknowledge indeed, the Necessity of such a Proceeding in such Institutions; but I must have a very mean Opinion of Institutions where such Proceedings are necessary.

— Edmund Burke (1757): Vindication of Natural Society

There are three things about the video that are just terrible to watch and to hear. The first is the obvious one: Tabatabainejad screaming in pain and writhing on the floor as cops assault him again and again. But the second is just as awful: the crowd of 50 or 60 students, outraged at the police’s ongoing assault, and doing nothing about it other than yelling at the cops and indignantly demanding their badge numbers–apparently in the fantastical belief that a The Law is somehow going to protect them from violence at the hands of its own rampaging hired goons. The third are the comments from the bare-fanged sadists who inevitably came along, as they come along in every case like this one, to add remarks like this:

if you don’t cooperate you get tazed. it’s very simple to understand.

— trappednAZ, in replies to YouTube (2006-11-16): UCLA Student Tasered by UCLA Police for not showing ID

Or this:

I have a medical condition! Hahaha, so good. Damn that was funny. If you don’t wanna get tasered, then don’t a dick to the police. They’re just doing their job.

— symonwill, in replies to YouTube (2006-11-16): UCLA Student Tasered by UCLA Police for not showing ID

Or this:

This is why you dont scream like a 5 year old at police when they tell you to do something. The guy wouldnt comply with anything the police were saying. He deserved it. This shouldnt even be an issue.

— c17h25n, in replies to YouTube (2006-11-16): UCLA Student Tasered by UCLA Police for not showing ID

Did you know that if a college student has a bad attitude towards armed strangers giving him orders, that justifies the cops using violence, up to and including hitting him with immobilizing electric shocks, over and over again, while he lies on the ground, in response? Apparently in the world of authoritarian creeps and bureaucratic sociopaths, it does.

Further reading:

Airport! 2006: Homeland Security edition

Here’s how the government is keeping you safe from terrorism:

Within the security community, there’s been a lot of talk about security theater when it comes to the airline business. In the last few years, plenty of new security measures have been put in place — but just because we can see or deal with new security measures (dump your liquids, everyone!), does it actually make us any safer. While there’s been a ton of attention paid in the last week to a security researcher who showed just how easy it was for anyone to create their own boarding pass to get past the security check point, a much scarier story is sent in by Damon, who points out for all of the security changes, new technologies and new processes it doesn’t do a damn bit of good if the TSA screeners let people with weapons through the checkpoint. That’s exactly what happened at Newark airport, where a secret shopper (or should that be secret bomber?) test found that 20 out of 22 weapons got through the security clearing process. Now aren’t you glad that you have to remove your shoes and can’t bring a bottle of water on board any more? If we’re serious about air travel security, then it’s about time that we actually focused on security — not play-acting to make people think that something’s been done.

Here’s Tim Lee’s communique from the Technology Liberation Front:

The fundamental problem here is that the TSA has no particular incentive to make air travel safer. They have to act like they’re responding to terrorist threats, but as long as they appear to be doing something, it doesn’t matter if any of their security measures actually accomplish anything. And, not surprisingly, it appears that to a first approximation, they don’t.

— Tim Lee, Technology Liberation Front (2006-11-02): Oops

Your thought for the day comes courtesy of M. Pierre-Joseph Proudhon; this one goes out to all the folks waiting in line to get and protected by the TSA:

To be GOVERNED is to be watched, inspected, spied upon, directed, law-driven, numbered, regulated, enrolled, indoctrinated, preached at, controlled, checked, estimated, valued, censured, commanded, by creatures who have neither the right nor the wisdom nor the virtue to do so. To be GOVERNED is to be at every operation, at every transaction noted, registered, counted, taxed, stamped, measured, numbered, assessed, licensed, authorized, admonished, prevented, forbidden, reformed, corrected, punished. It is, under pretext of public utility, and in the name of the general interest, to be place under contribution, drilled, fleeced, exploited, monopolized, extorted from, squeezed, hoaxed, robbed; then, at the slightest resistance, the first word of complaint, to be repressed, fined, vilified, harassed, hunted down, abused, clubbed, disarmed, bound, choked, imprisoned, judged, condemned, shot, deported, sacrificed, sold, betrayed; and to crown all, mocked, ridiculed, derided, outraged, dishonored. That is government; that is its justice; that is its morality.

P.-J. Proudhon, General Idea of the Revolution in the Nineteenth Century (trans. John Beverly Robinson), Epilogue ¶ 39

Further reading:

National Resolve

You know, I hear people say, Well, civil war this, civil war that. The Iraqi people decided against civil war when they went to the ballot box. And a unity government is working to respond to the will of the people.

— George W. Bush, August 7, 2006

Well, then, good to hear that’s been cleared up.

Maybe next we can all have a vote on the nuclear arms race, or perhaps the Second Coming of Jesus.

(Via Reason November 2006, and Crooks and Liars 2006-08-07.)

In Their Own Words, “See No Evil, Hear No Evil” edition

Secretary of Defense Donald Rumsfeld, meeting with troops in Qatar, 28 April 2003:

And there have not been large numbers of civilian casualties because the coalition took such great care to protect the lives of innocent civilians as well as holy sites. … When the dust is settled in Iraq, military historians will study this war. They’ll examine the unprecedented combination of power, precision, speed, flexibility and, I would add also, compassion that was employed.

General Tommy Franks, Bagram Air Force Base, 19 March 2002:

I don’t believe you have heard me or anyone else in our leadership talk about the presence of 1,000 bodies out there, or in fact how many have been recovered. You know we don’t do body counts.

Donald Rumsfeld, interview on FOX News Sunday, 9 November 2003:

Well, we don’t do body counts on other people ….

Gilbert Burnham, Shannon Doocy, Elizabeth Dzeng, Riyadh Lafta, and Les Roberts (principal authors): The Human Cost of the War in Iraq: A Mortality Study, 2002–2006:

A new household survey of Iraq has found that approximately 600,000 people have been killed in the violence of the war that began with the U.S. invasion in March 2003.

The survey was conducted by an American and Iraqi team of public health researchers. Data were collected by Iraqi medical doctors with analysis conducted by faculty of the Johns Hopkins School of Public Health. The results will be published in the British medical journal, The Lancet.

The survey is the only population-based assessment of fatalities in Iraq during the war. The method, a survey of more than 1800 households randomly selected in clusters that represent Iraq's population, is a standard tool of epidemiology and is used by the U.S. Government and many other agencies.

The survey also reflects growing sectarian violence, a steep rise in deaths by gunshots, and very high mortality among young men. An additional 53,000 deaths due to non-violent causes were estimated to have occurred above the pre-invasion mortality rate, most of them in recent months, suggesting a worsening of health status and access to health care.

Methods: Between May and July 2006 a national cluster survey was conducted in Iraq to assess deaths occurring during the period from January 1, 2002, through the time of survey in 2006. Information on deaths from 1,849 households containing 12,801 persons was collected. This survey followed a similar but smaller survey conducted in Iraq in 2004. Both surveys used standard methods for estimating deaths in conflict situations, using population-based methods.

Key Findings: Death rates were 5.5/1000/year pre-invasion, and overall, 13.2/1000/year for the 40 months post-invasion. We estimate that through July 2006, there have been 654,965 excess deaths–fatalities above the pre-invasion death rate–in Iraq as a consequence of the war. Of post-invasion deaths, 601,027 were due to violent causes. Non-violent deaths rose above the pre-invasion level only in 2006. Since March 2003, an additional 2.5% of Iraq's population have died above what would have occurred without conflict.

The proportion of deaths ascribed to coalition forces has diminished in 2006, though the actual numbers have increased each year. Gunfire remains the most common reason for death, though deaths from car bombing have increased from 2005. Those killed are predominantly males aged 15-44 years.

Deaths were recorded only if the person dying had lived in the household continuously for three months before the event. In cases of death, additional questions were asked in order to establish the cause and circumstances of deaths (while considering family sensitivities). At the conclusion of the interview in a household where a death was reported, the interviewers were to ask for a copy of the death certificate. In 92% of instances when this was asked, a death certificate was present.

White House Press Conference, 11 October 2006:

Q Thank you, Mr. President. Back on Iraq. A group of American and Iraqi health officials today released a report saying that 655,000 Iraqis have died since the Iraq war. That figure is 20 times the figure that you cited in December, at 30,000. Do you care to amend or update your figure, and do you consider this a credible report?

George Bush: No, I don’t consider it a credible report. Neither does General Casey and neither do Iraqi officials. I do know that a lot of innocent people have died, and that troubles me and it grieves me. And I applaud the Iraqis for their courage in the face of violence. I am amazed that this is a society which so wants to be free that they’re willing to — that there’s a level of violence that they tolerate. And it’s now time for the Iraqi government to work hard to bring security in neighborhoods so people can feel at peace.

No question, it’s violent, but this report is one — they put it out before, it was pretty well — the methodology was pretty well discredited. But I talk to people like General Casey and, of course, the Iraqi government put out a statement talking about the report.

Q — the 30,000, Mr. President? Do you stand by your figure, 30,000?

Bush: You know, I stand by the figure. A lot of innocent people have lost their life — 600,000, or whatever they guessed at, is just — it’s not credible. Thank you.

Harry Frankfurt, On Bullshit (1986/2005):

One of the most salient features of our culture is that there is so much bullshit. …The realms of advertising and of public relations, and the nowadays closely related realm of politics, are replete with instances of bullshit so unmitigated that they can serve among the most indisputable and classic paradigms of the concept.

Further reading:

Before the Law

If you were listening to Morning Edition on NPR a couple of days ago, you had a remarkable opportunity to hear the Banality of Evil demonstrated concretely for you, within your own earshot. I’m talking about Steve Inskeep’s interview with John Yoo, a former lawyer for the Bush administration. Here are some of his remarks on the recently-passed Star Chamber law. I’ll reprint them, but you really must listen to Yoo to understand it fully–there is no way to convey the sheer blandness of Yoo’s plain-spoken, calm explanation and apologetics for the most despicable sort of Stasi-statism.

Inskeep: Now [if you’re a citizen accused of being an enemy combatant] you can challenge your status in court, but if you lose that, are you entitled to a trial, as a U.S. citizen?

Yoo: No, and that’s something that the Supreme Court made clear two years ago, is that if you are an enemy combatant, there is no constitutional requirement that you get a criminal trial. You can be held until hostilities are over.

Of course, the rules for imprisoning enemy soldiers were developed in a context where hostilities meant wars between two or more particular States, which had declared beginnings and definite endings. How long will it take for these hostilities, which are part of an undeclared global war waged against a vaguely-specified enemy with no identifiable central authority, and pursued with no defined conditions for victory, for surrender, or for truce, to count as over? But we’d best hurry along. Now that you are being held, quite possibly until you die in prison….

Inskeep: Now what if you’re a non-citizen, what happens then? Same scenario. The government has some suspicions about you, they think you’ve done something, they arrest you, they say you’re an enemy combatant, you disagree. What can you do?

Yoo: Well, first, according to the law passed by Congress last week, I’d have the right to go to what’s called a combatant status review tribunal, which is set up by the Defense Department, where I’d have a hearing, where I could challenge the evidence against me, that I’m an enemy combatant.

Oh, well then. That sounds reasonable enough.

Inskeep: –Wait, let me stop you for a second. When you go to that hearing, do you get a lawyer?

Yoo: I believe you don’t get a lawyer. You have representation from an officer, but not necessarily one who’s a military lawyer.

Oh.

Inskeep: And when you say that you could challenge your detention, how would you gather evidence to show that you’re not an enemy combatant?

Yoo: Well, first you can tell your own story, and also I think you would have the abliity to see unclassified evidence against you, and to challenge it.

Um.

Inskeep: You said unclassified evidence. So classified evidence, that the government says, We have evidence against you and we can’t share it with you, that’s the end of the story?

Yoo: I believe so. I believe that classified evidence is not provided to the defendant. It’s not even provided under the military commissions, or often in civilian trials, even, for terrorism or spying.

Well.

Inskeep: If you’re an enemy combatant, who decides if you ever get a full-blown trial–a military commission trial as it’s been called?

Yoo: That’s ultimately up to the President. I think it’s still up to the President and the Secretary of Defense who’s going to be tried by a military commission.

Inskeep: The government will decide that when it’s in the government’s best interest, a trial will be held, and when it’s not, the person will be held without a trial?

Yoo: That’s right.

Full stop.

Then Inskeep asks the next question.

Inskeep: Do you think it’s inevitable that some people who are innocent are going to end up in this system, spending years and years at Guantanmo Bay?

Yoo: There’s no perfect system. I agree, Steve, there’s always the chance that there will be people who are detained who are not enemy combatants. The same is true of our criminal justice system. There’s no doubt that we have people in the criminal justice system who are innocent. That’s why we have all these processes, that’s why we have all these appeals levels, is to try to correct any mistakes that were made, and prevent errors.

Inskeep: You said there’s always the chance. I mean, isn’t a certainty, especially given that some cases have already been found, to be almost indisputably cases of people who were innocent being held at Guantanamo for a long time, or held elsewhere.

Yoo: I would say, look, in wartime, there’s always going to be people who might be picked up. It’s also the case in wartime that you have mistaken targets attacked and people killed by accident. But my only point is that you also have that in the criminal justice system. No system is going to be perfect.

Inskeep: Do you, as a lawyer who’s worked in the Bush administration, and obviously thought about these isues, think that this law does everything possible to prevent error?

Yoo: Well, I think we could probably do a lot more, but it would be a lot more expensive. I think what we have here is something that’s very close to the civilian system.

Inskeep: Are you saying it would be too expensive to give habeas corpus protection to non-citizens?

Yoo: Yeah, I think that’s what Congress decided when it passed this law last week, is that, you could have the possibility of hundreds and hundreds of habeas corpus proceedings, and they do impose a cost. They impose a cost on our judicial system. They impose a cost on our government, on our military. Think about… you’d have to pull in witnesses in from abroad, you’d have the cost of potentially releasing classified information… all this process does have a cost on our system. It’s not free.

Inskeep: John Yoo is author of War by Other Means, which is out this week.

Good night, and good luck.

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