The Silent Cry of Honduras

HELP ENLIGHTEN YOUR FELLOWS. BE SURE TO PASS THIS ON. SURVIVAL DEPENDS ON IT.


Hondurans protest electoral fraud—with no redress, of course.

he crisis in Honduras is not just a matter of the serious misdeeds of the past weeks or even decade. The really dramatic problem of Honduras is the terrible communication void in which this nation has fallen for the rest of the planet. The country with the highest number of violent deaths per 100,000 in the world; a major hub of drug trafficking under the noses of one of the largest U.S. military bases in Central America; the only country in this new century that has suffered a coup in the traditional style of the 70s; and the nation that has been hit by systematic electoral fraud in the last two elections, seems to be drowning in the indifference of the entire international community.

It seems that Honduras is totally set adrift, without any concrete gesture of real, constructive, institutional reform by its imposed godfather, the United States.


The OAS admits the existence of electoral irregularities

Honduras has the word “scandal” in every corner of its battered institutions. In a chain of events that would take hundreds of pages, everything begins with the recent elections on November 26th, for which organizations such as the OAS have enumerated an enormous amount of irregularities in the electoral context.

First, the candidate of the progressive Opposition Alliance Against the Dictatorship (Alianza de Oposición Contra la Dictadura), Salvador Nasralla, was winning by 5 points, but later, after a suspicious “computer glitch” was restored, the electoral count showed the incumbent president Juan Orlando Hernández ahead by 40,000 votes. The case of Hernández borders on the comical: on the heels of the great scandal in which his presidency has now fallen, he appeared before the cameras announcing his triumph and emphasizing the “impeccable” nature of the process. In truth, it was indeed an impressive manipulation of the facts.


The cold-blooded murder of activist Berta Careers can be laid at Clinton's (and Obama's) doorstep. These two criminals misused the power of the US to topple a legitimate government and usher in an era of lawlessness and brutal repression in Honduras.

It is common to hear the usual Honduran political actors opine about how the results of the previous election were directly manipulated; assuming all of these denunciations were certain, the election was won by Xiomara Castro. They spoke this way, casually and openly, of course, without a concrete legal basis. These are, after all, rumors. But now in the recent election the so called rumors have returned with so much more force that they have become concrete facts that even the OAS cannot ignore. This time things proceeded by a similar modus operandi before the eyes and patience of the significant presence of election observers. The chronic delays in the count, the surprise outage of the computer system, the subsequent change in what the partial count had been showing. The same scenario obtains: thousands of suspicious votes cast, just as in 2013, and once again the Supreme Electoral Tribunal (TSE), declines to audit the ballot forms sent from thousands of polling stations. For example, more than 5,000 forms that the OAS reported were not transmitted by the TSE the night of the elections, a serious act that is impossible to conceal.

Last Sunday evening, December 17, the TSE moved hurriedly in a desperate move to ratify the corrupted results that give the electoral victory to Juan Orlando Hernández, despite an urgent tweet sent by OAS Secretary General Luis Almagro just minutes before TSE’s pronouncement. For sure, Almagro was aware of what Hernández had in mind. The Secretary General said: “A lack of certainty brings me to urge [you] not to make irresponsible pronouncements until definitive information of the OAS Observer Mission in Honduras [is made available].”

The government of Hernández ignored the pressure. Afterwards, with the fraud having been consolidated after the announcement of the TSE, Almagro asked with good reason for the elections to be repeated. Here is the relevant tweet: “General Secretariat of the @OEA_ official proposes new elections to guarantee peace and harmony in #Honduras in the face of the impossibility of determining the certainty of the results of the election.” It was also announced that the candidate Salvador Nasralla is traveling to Washington to meet with the OAS, the State Department, and human rights organizations, with solid evidence of electoral fraud.


Honduras and Venezuela: different criteria

The case of the OAS is sui generis. Notice the great personal energy of its Secretary General Luis Almagro when it comes to his special campaign against the government of Venezuela. Yet in the case of the clear cut scandal of Honduras, Almagro had remained silent until the 6th of December, when in a communiqué he had to formally denounce the electoral fraud, a move which suggested the possibility of urging new elections. In the face of this absurd and evident electoral fraud, a historic deed, the Electoral Observer Mission (EOM) of the OAS had recognized days before that on account of the fraudulent vote it was unable to ratify winners. But the words of the Mission and the OAS had little echo in the news media throughout the region.

The OAS ought to exercise, by means of an extraordinary effort, every pressure that it can bring to bear and of which it has already given great demonstrations in the extremely personal campaign of Almagro against the government of Venezuela. But the fraud in Honduras is so scandalous, that Almagro would have absolutely no problem with regard to moral legitimacy should he exercise even a small iota of the energy in the case of Honduras as he has wasted against the democratically elected President of Venezuela.

The same argument applies to the agencies of international cooperation. It is their moral and professional obligation to exercise every pressure of which they are capable, considering all the money they have sent to Honduras, to see to it that the fraudulent election of November be annulled and that new elections be called. This time there ought to be an iron grip control over the process to avoid a new fraud. It does not matter who wins in Honduras, the candidate of the left or of the right. But the will of the electorate ought to be respected as sacred.

Face to face with corruption.

[dropcap]I[/dropcap]f one scratches the surface just a little bit one discovers, in the political and institutional classes in Honduras (over informal conversation at the table, a working dinner, or an academic interview), the immediate emanation of the acidic smell of corruption. One knows everything; everyone knows. The information is so concrete, so openly obvious, that the international observer feels a strange taste on the palate, thinking about the officers of the Embassy of the United States, the functionaries of the OAS, the experts of the agencies of international cooperation, privy, on a daily basis, to the same conversations, to the same scandalous revelations. Why the inaction?

Here are some clues. Months before, interviewing ex president Manuel Zelaya, I asked him: “We all analyze the causes of the coup against your government, but, what do you yourself think, President, led to your ouster?

Zelaya responded firmly, quickly. “It was on account of Cuba and Venezuela.” He was indicating that they did not oust him by force from elected office on account of the issue he advanced before the Constituent Assembly or the struggle to reform the Constitution so that the president could be re-elected. This is the official version of those who backed the coup. Zelaya hit the nail on the head when he indicated that the political and financial class of Honduras, its power intact after two centuries, would never allow a reformist government (either of the left or the right, but principally progressive, as we can glean from recent events) to survive in Honduras. Even less would these elites allow a government inspired by Chavista or Castrista Bolivarianism, which they identify as the enemy of the socio-economic and political model that guarantees their situation of privilege. The political structure of Honduras, entrenched in the corporate power of the country, is a rigid construct that has never been reformed by a popular revolution, civil war, or process of independence and colonial reform as has the rest of the Americas. In this sense, the social structure of Honduras is much like a neo-feudalism that denies the democratization of access to power and that remains rabidly opposed to the integration of new social and political groups.

 Irony: President Hernández was re-reelected without a coup

[dropcap]Z[/dropcap]elaya has good reason to think this way. He comes from an area of large landowners of Honduras; he was a man of the traditional elite, to the great surprise of the sector to which he had belonged. Just a few years after having ousted him, the same right wing group around the National Party of Juan Orlando Hernández proceeded, once again in full view and scrutiny of the OAS, of the U.S. and of the international aid community, to authorize his own re-election by means of a Supreme Court selected by the President himself.

Without constitutional reform. Without a plebiscite. Without a coup. Without a world scandal. In truth: the silence of the international community is difficult to comprehend.

All of the national and international actors that condemned the consultative plebiscite of Zelaya to ask the Honduran people about reforming the Constitution to permit re-election in 2009 maintained an iron silence when president Hernández did the same thing in 2015.  There was no condemnation from the OAS. There were no threats of applying the Democratic Charter and no call for the suspension on Honduras from the Permanent Council. The U.S. did not punish the members of the golpista regime and their functionaries with economic sanctions nor suspend their travel visas. Not one notable effect.

One irregular act among many

[dropcap]T[/dropcap]his is not the first time the battered Constitution of Honduras has been tarnished by machinations perpetrated by the will of the elite who are in power. The country goes through an enormous institutional scandal each year, authorizing, for example, golpista Roberto Micheletti to be a potential candidate in the presidential election despite being clearly and literally disqualified (presidents of Congress are not able to be candidates for president). But the Constitutional Court of the Supreme Court in 2008 simply ignored the same Constitution and authorized Micheletti to be a potential candidate. Reform by decree.

There are deeds of the past decade that border on the absurd. The same Constitutional Court, in 2008, prevented then Vice President Elvin Santos from being a potential presidential candidate, because he had been an interim president when Manuel Zelaya left the country. In the primary campaign, Santos found an incredibly ridiculous solution. He named Mauricio Villeda as his candidate-representative, while disseminating in the media that by voting for Villeda, electors would actually be voting for him (Santos) under the banner of the Liberal Party. If Villeda won, Santos would be the candidate. Amazing.

U.S.: A billion dollars, into the void.

[dropcap]T[/dropcap]he subject of the U.S. is separate chapter. The country to the North has spent an impressive sum of $1.2 billion on Honduras between 2005 and 2016 (source: USAID). It is on Honduran territory that the United States has one of the largest military bases of Central America, Palmerola. This was the same base where the plane carrying Zelaya had stopped during the 2009 coup in route to expel him from the country. Generous amounts of security related funding flows from the U.S. to the Honduran armed forces and police. And despite this flow of international aid, Honduras is sunk (an irony of the meaning of its name in Spanish: “depths”) in a critical security situation that in some ways constitutes a humanitarian crisis. Thousands of Hondurans are assassinated every year (60 to 88 murders per 100 thousand inhabitants, according to sources, one of the highest rates on the planet). The drug mafia is mixed up with the State and its institutions in a form more profound than Mexico. The police are feared by the prosecutors and ministers, and the gangs terrorize the population in every corner of the country. I have witnessed how lawyers who work for the Judiciary, do not identify themselves to agents of security in the streets in order not to fall victim to possible ambushes perpetrated by the same police.

In an act that does not have an explanation, the injection of resources of the U.S. for the police and armed forces of Honduras, the same forces that ousted Zelaya, is not conditioned with regard to results. The same drug mafias, gangs and assassinations continue without respite notwithstanding the hundreds of millions of dollars spent to no effect. And with a U.S. military base a few kilometers from the capital of the country. Another scandal that does not seem to penetrate the corridors of Washington DC.

A painful poverty

[dropcap]T[/dropcap]he population of Honduras is so chronically poor, that the traveler can find adults in a grave state of malnutrition, as I saw personally in the Montaña de la Flor, where the vestiges of indigenous tribes survive. In this zone, even the police eat once a day, and the population sometimes goes more than a day without food. According to the World Bank, 66% of Hondurans live in poverty. A social stain on all of the Americas. A shame for the Honduran financial elite.

This entire spectrum of social realities is a product of a political reality that is harmful and toxic to the Honduran population, a reality that emanates from the very political class in power, supported, sometimes by mere inaction by the U.S., the OAS and the international cooperation community. It appears the experiment of the left represented by Zelaya has significantly radicalized these three establishments. These three actors had mostly decided simply to look the other way in the face of the recent electoral fraud, with the aim of maintaining the most conservative status quo. Already there are several former presidents of Central America subject to judicial processes for flagrant corruption fighting to escape jail. As the electoral irregularities denounced by a report of the Observer Mission of the OAS demonstrates, Hernández has won some years of protection in power, but if the rumors being discussed over the tables of Tegucigalpa or San Pedro Sula are certain, the days of impunity are numbered. Such is the case should an ethical and morally legitimate position somehow be taken by the international community.

Translated into English by Frederick Mills, Professor of Philosophy, Bowie State University.

This article was originally published by the Council on Hemispheric Affairs.


ABOUT THE AUTHOR
Patricio Zamorano is a Senior Analyst at the Council on Hemispheric Affairs.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

black-horizontal
[premium_newsticker id=”154171″]

Parting shot—a word from the editors
The Best Definition of Donald Trump We Have Found

In his zeal to prove to his antagonists in the War Party that he is as bloodthirsty as their champion, Hillary Clinton, and more manly than Barack Obama, Trump seems to have gone “play-crazy” -- acting like an unpredictable maniac in order to terrorize the Russians into forcing some kind of dramatic concessions from their Syrian allies, or risk Armageddon.However, the “play-crazy” gambit can only work when the leader is, in real life, a disciplined and intelligent actor, who knows precisely what actual boundaries must not be crossed. That ain’t Donald Trump -- a pitifully shallow and ill-disciplined man, emotionally handicapped by obscene privilege and cognitively crippled by white American chauvinism. By pushing Trump into a corner and demanding that he display his most bellicose self, or be ceaselessly mocked as a “puppet” and minion of Russia, a lesser power, the War Party and its media and clandestine services have created a perfect storm of mayhem that may consume us all. Glen Ford, Editor in Chief, Black Agenda Report

window.newShareCountsAuto="smart";




The Counter-Revolution

HELP ENLIGHTEN YOUR FELLOWS. BE SURE TO PASS THIS ON. SURVIVAL DEPENDS ON IT.

 


Young Freikorps members executing a young revolutionary during the Spartacist uprising in Berlin. The victorious counter-revolution was—as usual—brutal.

The polarization of our country isn’t between left and right, liberal and conservative, Democrat and Republican. It’s between richer and poorer, elitists and proletarians, over-educated and under-educated, globalists and localists. The line between the two is a shifting one, depending on where you live, but the consistent difference is the ability to participate successfully in the economy.  Successful participants are able, without onerous labor, to accumulate sufficient income, assets, and benefits to provide for security for themselves and family–a comfortable home, useful education, vacations and travel, health care, a few luxuries, and comfortable retirement. This was the reality once made possible for most middle-class Americans by competent public education and high-paying industrial jobs.

Those days are long gone. Fewer and fewer people can maintain an upwardly mobile life-style; more and more are falling behind. A recent survey conducted by the Federal Reserve revealed that half of Americans (49%) could not come up with $400 within 24 hours. How this shift to relative poverty happened over a generation is perhaps the central story of our time. A series of political decisions beginning in the 1970s successfully dismantled the middle-class state in favor of the plutocratic oligarchy under which we now live. Deregulation began under Jimmy Carter; Reagan busted unions and ingrained a hatred of “big government;” the Bushes and Clinton gutted welfare programs, repealed long-standing financial regulations, like the Glass-Stegal Act, and promoted globalization after the fall of the Soviet Union; Obama pursued identity politics while failing to reform Wall Street after the 2008 crash; Trump has focused on tax cuts for the rich (justified by trickle-dow economics) while dismissing scientific standards of truth and playing on racial and xenophobic fears.

Most of this can be understood as a reaction to the revolutionary politics of the 1960s. The young generation of the time, dismayed by the injustice of the Vietnam War and unaccountable corporate-military power evident the wake of the Kennedy assassination, threatened, for a time, to overthrow the social and political norms of American society. Blacks in inner cities, inspired by the civil rights movement, rose up in unprecedented revolt in a cry for social justice, contributing to the chaos.

So here we are. Social justice has been reduced to identity politics, with economic justice left in the dustbin of history.

These disruptions were not to be tolerated. Wealthy establishment leaders put their heads together and launched a top-down counter-revolution. They funded think-tanks, conservative media, and right wing politicians–most of whom preached a libertarian politics derived from Friedrich Hayek and Ayn Rand. The catchword was “freedom” and the idea was to remove all impediments to making or sharing money. Crucial to their success was the co-optation of the Democratic party leadership, beginning with the Bill Clinton and the Democratic Leadership Council. With the Democrats firmly on board, and with financial deregulation and globalization in the works, the counter-revolution swept all before it.

So here we are. Social justice has been reduced to identity politics, with economic justice left in the dustbin of history. Progressives on the political fringe are left begging for crumbs from the corporate table that will never come under the current dispensation: free college education, universal health care. The consolation prize is the apparent victory of gender politics in a now endless series of media exposes of powerful men abusing women–a victory perilously vulnerable to backlash.

The upshot is that our current politics is largely irrelevant. Odious and horrific as Trump may be, and he is, the liberal opposition lost most of its credibility when it sold out to the counter-revolution. Bernie Sanders and Elizabeth Warren have little hope of restoring the old prosperity of the middle class. Globalization and a financialized economy with little benefit for ordinary people remains the order of the day.

Those benefiting from the status quo, even marginally, are unlikely to champion real reform. The only hope, if this analysis makes any sense, lies with the poorer, under-educated, proletarian localists. So far they have been enthralled by Trumpian rhetoric, the only blunt instrument they’ve been offered with which to beat up the establishment. But it’s not working for them. Trump is not a globalist, but he is committed to a financialized, growth-dependent  economy. The problem is that trickle-down economics–global or local–isn’t going to work any more. Pollution, climate change, resource depletion, technology, population increase–all these conspire to frustrate future economic growth and to render increasing numbers economically irrelevant.

Trumpian economics is bound to turn sour. When it does his constituency will be up for grabs. Its members have been fed the red meat of racism , xenophobia, and sexism. Can they rise above prejudices which they may share, but which have also been foisted upon them? If globalization has a virtue, it’s multi-culturalism–a universal vision of humanity. Can multi-culturalism survive the end of globalization? What sources can inform a generosity of spirit for proletarian localists? Will they be kind to their elitist neighbors, or will they persecute them?

These are the questions of our time.


ABOUT THE AUTHOR
 Adrian Kuzminski is a scholar, writer and citizen activist who has written a wide variety of books on economics, politics, and democracy.  

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

black-horizontal
[premium_newsticker id=”154171″]

Parting shot—a word from the editors

The Best Definition of Donald Trump We Have Found

In his zeal to prove to his antagonists in the War Party that he is as bloodthirsty as their champion, Hillary Clinton, and more manly than Barack Obama, Trump seems to have gone “play-crazy” -- acting like an unpredictable maniac in order to terrorize the Russians into forcing some kind of dramatic concessions from their Syrian allies, or risk Armageddon.However, the “play-crazy” gambit can only work when the leader is, in real life, a disciplined and intelligent actor, who knows precisely what actual boundaries must not be crossed. That ain’t Donald Trump -- a pitifully shallow and ill-disciplined man, emotionally handicapped by obscene privilege and cognitively crippled by white American chauvinism. By pushing Trump into a corner and demanding that he display his most bellicose self, or be ceaselessly mocked as a “puppet” and minion of Russia, a lesser power, the War Party and its media and clandestine services have created a perfect storm of mayhem that may consume us all. Glen Ford, Editor in Chief, Black Agenda Report

window.newShareCountsAuto="smart";




The Internet is Already Broken

HELP ENLIGHTEN YOUR FELLOWS. BE SURE TO PASS THIS ON. SURVIVAL DEPENDS ON IT.

 

Photo by irina slutsky | CC BY 2.0

Near the end of 2014 Kim Kardashian set out to “break the internet.” She posed naked for pictures. This went great, getting 1% of entire internet activity on the day she did it. Now the worry is that such expressions of democracy will be gone when we lose net neutrality.

Net neutrality is a funny phrase. There certainly was no net neutrality when leftist websites were blacklisted from Google. And when Amazon’s Jeff Bezos bought the Washington Post. Not to mention that all the content we receive come from six large companies who own just about all the media we consume. It is odd to see people who solely consume corporate outlets such as MSNBC bemoaning the loss of net neutrality.

What may be more troubling than the loss of a supposedly free internet is that so many of us were fooled already. Even in a neutral setting so many of us preferred to consume the very same websites that will now be able to pay for advantages on the internet.

The term “fake news” has never quite told the whole story. The idea that there is some sort of liberal conspiracy being peddled by all mainstream news outlets is silly. These people are only liberal to hide their corporate agenda from liberals, and I suppose everyone who hates liberals. Once you count the liberals and the liberal haters you don’t have many people left. Moreover, the news isn’t necessarily purely fake that often. When ABC suspended Brian Ross it was essentially for spreading fake news. What is a more effective strategy than outward lying is telling part of the truth. Or just spinning speculation without ever presenting evidence, Russia interference in the US elections being the blueprint. All bets are off for imperialism though I think. The New York Times and the Iraq war come to mind.

The mass distractions we receive on the internet are not necessarily fake, they are just nonsense. Selfies posture as resistance. Memes function as political commentary. Angry trolling is a conversation.

The US has always been pretty good about free speech, we just are dumb enough to believe what we hear. It is rather ironic that it is now Trump who is banning words like “fetus” from the Centers for Disease Control and Prevention when he himself was supposed to represent the censored silent majority, suffering under the reign of political correctness. Trump may be an authoritarian but Obama was surely one also. Look at his treatment of whistle blowers or his mass surveillance programs.

The main point here is that net neutrality has a limited value if we are echoing our corporate masters anyways. It surely is a right we deserve, and abandoning such a principle is another step towards authoritarianism. So to this extent the loss of net neutrality may be more problematic for its implications than its effect on an already docile population.

It’s not like the internet is the first thing to exit neutrality. For a country that is so outraged about private ownership of the internet where do we stand on private land? Our schools are being privatized. So are our parks. Our land, our water and our air. Is the water at Standing Rock neutral? How about air pollution? Who owns the air when certain people are profiting of of the pollution of it? Are people themselves even neutral? Look at worker relations or domestic violence. The elections are bought. Small businesses can’t compete against large ones. In a country where 1% of the population has more wealth than the bottom 99% we are worried about the neutrality of the internet.

The loss of net neutrality will affect all these things but maybe we can take this time as a chance to spend less time on the internet and more time with each other. That is not only loving each other but also learning from each other, as news sources. If one were to only read the “neutral” news you would think that mass shootings were more common than good deeds, that  everyone looked like Kim Kardashian, that Russians lurked behind every corner and that the rich only gave to charities. A world at least a degree removed from realness has always been represented on the internet.

The news on the internet is the story of six very rich people. The world is full of many more than that. The hope would be that the loss of net neutrality might open doors for us to rely on other ways to connect with people and understand our world. So far though the fear of losing net neutrality has been met with a response bred by the internet. One of instant outrage, lacking reflection. Click bait that does more to break the internet than defeat it. At this pace it’s loss will be forgotten by the next royal wedding, and we will go on consuming the truth about the world from the people who profit from its demise.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

black-horizontal
[premium_newsticker id=”154171″]


Parting shot—a word from the editors

The Best Definition of Donald Trump We Have Found

In his zeal to prove to his antagonists in the War Party that he is as bloodthirsty as their champion, Hillary Clinton, and more manly than Barack Obama, Trump seems to have gone “play-crazy” -- acting like an unpredictable maniac in order to terrorize the Russians into forcing some kind of dramatic concessions from their Syrian allies, or risk Armageddon.However, the “play-crazy” gambit can only work when the leader is, in real life, a disciplined and intelligent actor, who knows precisely what actual boundaries must not be crossed. That ain’t Donald Trump -- a pitifully shallow and ill-disciplined man, emotionally handicapped by obscene privilege and cognitively crippled by white American chauvinism. By pushing Trump into a corner and demanding that he display his most bellicose self, or be ceaselessly mocked as a “puppet” and minion of Russia, a lesser power, the War Party and its media and clandestine services have created a perfect storm of mayhem that may consume us all. Glen Ford, Editor in Chief, Black Agenda Report

window.newShareCountsAuto="smart";




JURORS TO DECIDE WHAT CONSTITUTES JOURNALISM IN TRIAL OF J20 INAUGURATION PROTESTS

HELP ENLIGHTEN YOUR FELLOWS. BE SURE TO PASS THIS ON. SURVIVAL DEPENDS ON IT.

By Eoin Higgins
THE INTERCEPT
Replicated here as a public service

THE “FAKE NEWS media” has been prosecuted throughout 2017 in the kangaroo court that is President Donald Trump’s Twitter account, but in a courtroom in Washington, D.C., the definition of journalism itself is on trial.

The answer to the question will decide the fate of one of six people currently on trial for their proximity to the protests that took place around Trump’s inauguration on January 20. Independent photographer and videographer Alexei Wood was arrested with hundreds of protesters, medics, and journalists in response to the violent actions of a few protesters on that day.

On Thursday, Wood’s attorney, Brett Cohen, tried to get jurors at the D.C. Superior Court to understand the distinction between his client’s coverage of the violent acts at the protest and the commission of the violent acts themselves.

In an interview with The Intercept, Wood said that part of the government’s case against him revolves around defining who is — and, in his case, isn’t — a journalist. That’s not a determination the state can make, he said.

“They can take issue with my professionalism and my style, but they can’t decide what is or isn’t journalism,” Wood said. “They don’t get to have that.”

Wood is an independent photojournalist from San Antonio, Texas, whose work focuses on resistance movements. He arrived in D.C. last January planning to document protests around the inauguration — both on January 20 and the Women’s March the following day. But Wood’s coverage of the weekend ended abruptly when he, along with over 200 others, were penned into an area at the intersection of L and 12th streets and arrested en masse.

Individuals arrested at the Inauguration Day protests, known as J20, are being charged under blanket statutes for crimes committed during the action, including bashing windows and other property damage. To make its case against nearly 200 defendants, the prosecution is using the Pinkerton liability rule, which attributes every crime committed during a conspiracy to all those involved. In practice, this means that all defendants on trial for the protests can be convicted for all crimes committed during the action by mere virtue of their proximity to the crimes committed.

Wood’s prosecution is alarming as a reflection of the government’s attempt to define — and criminalize — journalism, but the case as a whole also speaks to the government’s attempt to undermine the First Amendment right to political speech. “The government is prosecuting this case as though DisruptJ20” — the name given to the protest — “were a run-of-the-mill criminal conspiracy, where the only objective is criminal in nature, rather than a political demonstration designed to make a statement about the current administration,” Shana Knizhnik, an attorney with the ACLU-DC, told The Intercept in an email. “This framing undermines the fundamental principles of the First Amendment.”

“The concept of who is a journalist is so nebulous in today’s landscape,” Wood told The Intercept, referring to the prevalence of independent journalists. “The ability to produce information is democratized.”

Cohen, Wood’s lawyer, raised the question of citizen journalism in his closing argument last week. “What is a journalist?” he asked rhetorically. “One thing we know about journalism is that the internet’s kind of expanding that definition,” Cohen said to the jury. “More people are broadcasting things. More people are reporting things.”

If the prosecution has its way, Cohen argued, journalists will not be protected if their actions can in any way be construed as sympathetic to the movements they’re covering — up to and including such dubious ground as simply walking with a group of protesters who happen to engage in violent activities.

The prosecution had submitted into evidence live stream footage captured by Wood, during which he could be heard cheering as other people sprayed graffiti and broke windows. The court last week decided that Wood’s cheering of the act did not rise to the level of incitement.

In his bid to establish Wood’s credibility as a journalist, Cohen presented the court with emails between the journalist and editors at a San Antonio-based news outlet. In one email, Wood said he was “specifically focusing in on street friction, protest and support and police.”

Jim Naureckas, editor of media watchdog Fairness and Accuracy in Reporting, said he hopes the jury rejects the charges and rules against the government. Otherwise, the potential for accurate coverage of actions of dissent in American politics will suffer. “If these indictments are not rejected by juries,” Naureckas said, “we’ll see even less coverage of dissent than we already do, once it’s established that telling people about anything forbidden by police is the same as committing those acts.”

Naureckas added, “It’s truly an Orwellian moment.”


Protesters against Trump—he offers a huge flank to protest, real important and provable issues—but the Russiagate fabricated scandal is not one of them.


MORE THAN 190 defendants, six of whom are being tried now as part of the first group, face charges with maximum sentences of up to 50 years in prison. The initial trial entered its first day of jury deliberations and its 14th day overall on Monday. Despite the fact that attorneys for the prosecution have mishandled parts of the case so far — Judge Lynn Leibovitz on Thursday acquitted the defendants of incitement based on insufficient evidence — there’s still great potential for the case being used as the template for oppressive government action in the future.

It’s untested waters. “They’re trying to do stuff that there’s not settled procedure for,” said Sam Menefee-Libey, an organizer with the group Dead City Legal Posse, which was created to provide support to the J20 arrestees during their trials. “The prosecution and defense are testing untrodden ground to try to come out on top.”

“This case is just one example of this administration’s demonstrated contempt for the principles of free press,”said Knizhnik. “We can only hope it doesn’t go [further].”

Part of what’s complicating matters is the unique nature of the trial — both the prosecution and defense are figuring out the case law as they go. During court proceedings on December 14 and 15, the prosecution and defense teams held four sidebars with the judge to discuss the technicalities of the charges and iron out disagreements, court transcripts show.

Menefee-Libey told The Intercept that “the prosecution has been characterized by outrageous overreach” and that convictions based on the theory would have dire ramifications. “We can’t lose sight of the fact that the prosecution is relying on something that should terrify people if it works.”

Todd Gitlin, chair of the Ph.D. program at the Columbia School of Journalism, said the prosecution’s reasoning appears to be that by covering the J20 demonstration, Wood was publicizing the event and is therefore culpable for any crimes committed during the protest. “The principle here is horrific,” said Gitlin. “That anyone who is present as a recorder, a diffuser of information can be clapped into jail, that’s quite staggering.”

“Obviously this is a sinister development,” Gitlin added.

Massachusetts-based journalist Maya Shaffer, who often works with the Boston Institute for Nonprofit Journalism, told The Intercept the fact that there’s even a trial is “profoundly chilling” for the freedom of speech and a free press. “I have covered many protests — BLM, Occupy, and more,” said Shaffer, “and under the legal precedent I fear could be set by J20, I am concerned that simply being at a protest, even in a media role, is being criminalized.”

Alex Stokes is another journalist who was arrested on January 20, although the charges against him were dropped shortly thereafter. Stokes told The Intercept in October that he thinks the fact that he made so much noise about the arrest was likely why his charges were dismissed. “I talked to a lot of press and committees that deal with press freedom” in the weeks after being arrested, Stokes said. “Then I got a lawyer, pro bono — they dismissed the charges after that.”

Despite the fact that he went free, Stokes was present on the day of the trial’s opening statements to show solidarity with the other arrestees. The prosecution is threatening a free press, Stokes told The Intercept.

“If any of these defendants end up being convicted of anything given the lack of evidence, you can kiss both of those goodbye,” he said, referring to free speech and journalism. (Another journalist who faces charges, Aaron Cantú, has contributed to The Intercept, though he was not on assignment for the website on January 20.)

“The J20 prosecutions epitomize the criminalization of both protest and journalism,” Naureckas said. “You don’t have to break a window to face decades in prison — merely sharing the opinions of those who break windows, or informing the public about broken windows, is sufficient to bring down the full wrath of the state.”

Even if the government fails to convict any of the protesters on a single charge, the damage has been done. The time, money, and stress stemming from the prosecution will take a toll on the emotional and financial well-being of the defendants — and it sends a message to anyone planning an action in the future. “Regardless of the ultimate outcome of the trials, simply pressing these charges and forcing people to fight them is a drain on the defendants,” Shaffer said.

Enduring serious charges with decades of potential prison time has a chilling effect on both journalists and activists, especially in this political climate, said Kris Hermes, a legal activist and author of the book “Crashing the Party: Legacies and Lessons From the RNC 2000.” And, Hermes warned, the repression won’t stop with the type of protests that took place on January 20. “It’s not just the far left, anti-fascist, and anti-capitalists [at risk] from this demonstration,” said Hermes. “It’s all political and social movements writ large across the country that are at risk.”

“The only conclusion is that the U.S. attorney doesn’t believe in the rights of citizen journalists,” said Alex Rubinstein, an independent journalist who was himself arrested on January 20 while covering the protest for RT. Like the majority of established reporters who were arrested in the action, his charges were dismissed 10 days later.

Now all there is to do is wait. “We hope the jury sees through the smokescreen,” said Hermes.

Top photo: Alexei Wood stands outside the D.C. Court of Appeals on Nov. 14, 2017, across from the D.C. Superior Court where his case is being heard in Washington on Nov. 14, 2017. Wood was arrested while covering the DisruptJ20 protest on Inauguration Day.


ABOUT THE AUTHOR
  Eoin Higgins is a reporter, writer, and historian from Western Massachusetts. He writes at eoinhiggins.com 

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

black-horizontal
[premium_newsticker id=”154171″]



Parting shot—a word from the editors
The Best Definition of Donald Trump We Have Found

In his zeal to prove to his antagonists in the War Party that he is as bloodthirsty as their champion, Hillary Clinton, and more manly than Barack Obama, Trump seems to have gone “play-crazy” -- acting like an unpredictable maniac in order to terrorize the Russians into forcing some kind of dramatic concessions from their Syrian allies, or risk Armageddon.However, the “play-crazy” gambit can only work when the leader is, in real life, a disciplined and intelligent actor, who knows precisely what actual boundaries must not be crossed. That ain’t Donald Trump -- a pitifully shallow and ill-disciplined man, emotionally handicapped by obscene privilege and cognitively crippled by white American chauvinism. By pushing Trump into a corner and demanding that he display his most bellicose self, or be ceaselessly mocked as a “puppet” and minion of Russia, a lesser power, the War Party and its media and clandestine services have created a perfect storm of mayhem that may consume us all. Glen Ford, Editor in Chief, Black Agenda Report

window.newShareCountsAuto="smart";




Why Killer Cops Walk

HELP ENLIGHTEN YOUR FELLOWS. BE SURE TO PASS THIS ON. SURVIVAL DEPENDS ON IT.


police state

Police State by swilsonmc

When asked by a local activist what is so complicated about the case of Justine Damond, the Australian woman who was shot by police officer Mohamed Noor shortly after placing a 911 call, county attorney Mike Freeman said this:

“I have to prove, beyond a reasonable doubt, the moment he shot the gun he feared for his life, and he used force because he thought he was going to be killed. But he won’t answer my questions, because he doesn’t have to, OK? We all have Fifth Amendment rights, and I respect that.”

His answer should perplex most people with even a minimal understanding of criminal law because it is actually the exact opposite of what he would have to prove at trial.  But, the prosecutor’s blunder was not just an honest mistake.  While it might be said that a good prosecutor will spend a lot of time imagining defenses (and in these cases the defense is not complicated) and therefore the cop’s defense has been uppermost in his mind and hence the slip up, we should not for one second believe that is why he said what he did.

The reason the prosecutor said that his burden is to prove that the cop reasonably feared for his life, a ridiculous claim, is because his brain in this particular case isn’t preoccupied with prosecuting the cop.  Far from it.  His mind is concerned and has been concerned for the past several months of how to avoid prosecuting the cop.  One can almost hear the relief in his voice when he references the 5th amendment, a thing prosecutors typically don’t like because it frustrates their cause, and cops not only don’t like but don’t understand.  “Whew, thank my lucky stars for that darned ol’ 5th amendment! Normally my boys would get a really juicy statement out of the poor sucker, but thanks to the protections of the inner sanctum and us telling the cop NOT to talk to us until he has a lawyer, I don’t have to worry about that!”

[dropcap]L[/dropcap]ast week a former Mesa, Arizona police officer was acquitted by a jury of both murder and manslaughter. The Mesa jury did not believe that firing five rounds from an assault rifle at a man begging for his life while trying to pull up his gym shorts and having had committed no crime whatsoever warranted any sort of punishment.  Even taking into account the high burden of proof the prosecution has to meet in a criminal case, it should astound and infuriate us that police officers are routinely given a pass after engaging in reprehensible conduct.

The fact is that police officers as criminal defendants are simply unique. Police officers do not face the same risks by going to trial that other criminal defendants face due to the nature of the system to which they belong because the law is designed to protect them in a way that none of us others is protected. Imagine shooting your neighbor as he’s watering the grass and then later explaining to the jury that the sprayer he was holding looked a lot like a gun.

If that sounds like an oversimplification, consider looking at the circumstances surrounding Daniel Shaver’s death a few more times.  In my lawn-watering scenario, imagine now that cop was called to the neighborhood based on information that someone was standing outside his house wielding a handgun.  The officer arrives and sees what looks like a man watering the grass, but, it’s getting dark and while the officer does say that the man was holding a garden hose, it also looked like he might have been holding a small caliber pistol in the same hand.

Enter now an “expert” law enforcement officer to testify that the particular watering device does resemble a small-caliber handgun and it wouldn’t be entirely out of bounds for a police officer to believe the man had been holding a gun.  Next, the jury gets an instruction from the judge that says, basically, “If you believe that the officer was reasonable in his belief that the dead guy was holding a gun, you must find him not guilty”

What “expert” cops know under the law based upon their “training and experience” will never be available to non-cops facing prosecution under similar circumstances, and it shouldn’t be.  Reasonableness is not something that should be cleverly defined in such a way that the result is cops being permitted to abuse or kill innocent civilians.  And we should should reject all talk about cops having to make “split-second decisions without the benefit of hindsight”, a phrase which is meaningless when time after time it’s obvious that officers had an abundance of time to consider alternatives to shooting to kill. Daniel Shaver could easily have been handcuffed (though he scarcely needed to have been!)

Is it time to consider dismantling and then rebuilding the criminal justice system when it comes to these deadly police/citizen encounters? Is it time for white people to consider that movements like Black Lives Matter have advanced goals that will save the lives of people of all races?


ABOUT THE AUTHOR
  Todd Morten is a deputy public defender at the El Paso County Public Defender’s Office in El Paso, Texas. He lives with his wife and five children, on the east side.  

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

black-horizontal
[premium_newsticker id=”154171″]


Parting shot—a word from the editors

The Best Definition of Donald Trump We Have Found

In his zeal to prove to his antagonists in the War Party that he is as bloodthirsty as their champion, Hillary Clinton, and more manly than Barack Obama, Trump seems to have gone “play-crazy” -- acting like an unpredictable maniac in order to terrorize the Russians into forcing some kind of dramatic concessions from their Syrian allies, or risk Armageddon.However, the “play-crazy” gambit can only work when the leader is, in real life, a disciplined and intelligent actor, who knows precisely what actual boundaries must not be crossed. That ain’t Donald Trump -- a pitifully shallow and ill-disciplined man, emotionally handicapped by obscene privilege and cognitively crippled by white American chauvinism. By pushing Trump into a corner and demanding that he display his most bellicose self, or be ceaselessly mocked as a “puppet” and minion of Russia, a lesser power, the War Party and its media and clandestine services have created a perfect storm of mayhem that may consume us all. Glen Ford, Editor in Chief, Black Agenda Report

window.newShareCountsAuto="smart";