Guest blogged by Ernest A. Canning

On Tuesday, a divided three judge panel of the U.S. 9th Circuit Court of Appeal ruled that California's Proposition 8 ban on same-sex marriage --- a right that had otherwise previously existed for same sex couples in the state --- violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The majority opinion in Perry vs. Brown [PDF] this week decided an issue that was so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision.

As we examine the future course of the Prop 8 litigation, it's appropriate, if only briefly --- while this particular issue remains far away in the rear view mirror --- to offer a reminder of the still unresolved question as to whether CA voters actually approved the controversial measure at the ballot box in the first place...

Guest editorial by Ernest A. Canning

The title of historian Kevin Phillips' otherwise excellent work, Wealth and Democracy: A Political History of the American Rich, is somewhat misleading. With the exception of constitutional monarchies, which preclude royalty from all but figurehead status, democracy and the concentration of great wealth cannot co-exist in the same society.

If citizens can see past the corporate media-erected contest of personalities so as to examine how it reflects the undemocratic structure of our society, the 2012 Presidential election can provide us with a teachable moment of great value. This is true whether we examine the flood of SuperPAC monies, courtesy of the now infamous Citizens United decision, the striking similarities in their methodology of wealth acquisition depicted both in the 1987 movie Wall Street through its fictional Gordon Gekko and in real life by Bain Capital and Mitt Romney, the ridiculously low 13.9% federal taxes on Romney's $21.7 million income in 2010, his extensive Goldman Sachs holdings and as much as $32 million maintained in off-shore accounts, or the fact that only one, essentially marginalized Presidential candidate in either of the two major political parties --- Ron Paul --- is willing to discuss an end to perpetual war and our global military presence.

Here, Mitt "Gordon Gekko" Romney provides the principle focus, not because of personality, or "envy", but because his candidacy affords an opportunity to explore the inconsistency between wealth and democracy...

Guest editorial by Ernest A. Canning

I am old enough to remember not only the civil rights movement but that, amongst all the Southern Jim Crow states, Mississippi had absolutely the worst reputation. It was the state where, in 1955, Emmett Till, a 14-year old African-American from Chicago was lynched, burned and so badly mutilated his own mother couldn't recognize his corpse --- all because he whistled at a white woman (we'll spare you the horrific photo, but it's available here if you'd like to see it); where, in 1963, the NAACP's Medgar Evers was gunned down outside his home; where, in 1964, three civil rights workers attempting to register voters were lynched.

I have no doubt that the 83% of MS whites who, this past November, as we now learn in a new analysis, voted in favor of a state constitutional amendment that would mandate polling place photo ID restrictions as a prerequisite to voting --- as compared to more than 75% of non-whites who voted against polling place photo ID --- would vehemently deny their vote was racially motivated. They would do so even though African-Americans are more than three times more likely to lack photo IDs than whites and even though study-after-study has exposed the lie in the GOP's baseless claims that such laws are needed to prevent "voter fraud."

But I am also relatively certain that race played a role in the inability of so many of the children and grandchildren of formerly Jim Crow Mississippi to appreciate what it is that photo ID truly seeks to accomplish...

Guest blogged by Ernest A. Canning

This week, the Montana Supreme Court stood up to the U.S. Supreme Court's Citizens United decision, rejecting the much-criticized 2010 federal decision by declaring that, in their state at least, a century-old prohibition on corporate money in local politics will be allowed to stand.

By way of a 5-2 decision in Western Tradition Partnership, Inc. vs. Attorney General of Montana [PDF], the state's high court upheld the constitutionality of the long-standing Corrupt Practices Act of 1912, which prevents direct contributions by corporations to candidates or political committees. The law does not, however, prohibit voluntary individual contributions to separate segregated funds created by shareholders, employees or members of a corporation.

The state law also mandates disclosure of who pays for political communications, while the 2010 Citizens United ruling allows for unlimited secret money to flood into campaigns, for use either for or against any particular candidate.

The majority opinion in the Montana case, written by Chief Justice Mike McGrath, sought to distinguish their state law from Citizens United vs. Federal Election Commission [PDF] by pointing to factors in the state --- its dependence upon agriculture and extractive resource development, as well as its sparse population and history of low campaign expenditures --- which, he claimed, make the state "especially vulnerable to...corporate control to the detriment of democracy".

Even one of the dissenters in the MT decision, Justice James C. Nelson, while making clear that he believes the SCOTUS decision likely takes legal precedent over their own state law, offered a blistering critique to the very underpinnings of Citizens United --- a case we previously predicted "will live in infamy" --- by taking direct aim at the absurd concept of "corporate personhood" in his dissenting opinion...

Guest blogged by Ernest A. Canning

In light of GOP Presidential front-runner Newt Gingrich's recently revitalized attacks on the judiciary as, apparently, not yet extreme or activist enough for his tastes --- though he finds, like most of the other GOP candidates, Justices Roberts, Scalia, Thomas and Alito to be "pretty darn good" --- it's worth taking note of just some of the recent behavior, judicial temperament and fundamental principles of those far-Right extremist Supreme Court Justices he apparently does approve of.

To that end, the opening paragraph of a Nov. 14 Los Angeles Times article was disturbing but not surprising:

While basic canons of judicial ethics suggest that judges should avoid even the appearance of impropriety, it remains exceedingly doubtful that the gathering of signatures on a Credo Action Petition will prompt either of these two "radicals in robes" to recuse themselves...

Guest blogged by Ernest A. Canning

Election laws in Wisconsin are not covered by Section 5 of the federal Voting Rights Act, which would otherwise require the Dept. of Justice or a federal panel of judges to "preclear" such laws to assure they are not discriminatory. Thus, it falls to non-governmental organizations, such as the American Civil Liberties Union (ACLU), to take legal action in hopes of protecting Constitutional voting rights for citizens of the Badger State.

That's exactly what the organization did this week, in filing a 54-page federal complaint on behalf of some 17 named plaintiffs --- including elderly, student, minority and even veteran voters --- who may well be unable to cast their once-legal vote under the state's new voter suppression bill passed earlier this year by its GOP legislature and signed into law by its Republican Gov. Scott Walker.

The lead plaintiff in Frank vs. Walker [PDF], the ACLU's class action lawsuit filed in the U.S. District Court for the Eastern District, seeking to halt enforcement of the state's new photo ID voting restrictions, is 84-year old Ruthelle Frank.

As we previously reported, Frank has been a lawful resident of Brokaw, WI since her home birth in 1927. Although she has voted in every election since 1948 and is an elected member of the Brokaw Village Board, she learned that she may be barred from voting come February 2012 because she lacks one of the official photo IDs mandated by that state's new vote-suppressing photo ID law.

She was born at home, without a birth certificate, and will be forced to pay $20 to get one in order to get her supposedly "free" ID to vote. But even that may not be enough. Frank recently learned she may not be able to comply with the state GOP's Photo ID restriction unless she coughs up upwards of $200 to amend the Register of Deeds record of her home, which had misspelled her maiden name.

The feisty octogenarian, however, was not about to quietly accept this assault on a right she had exercised without interference for the past 63 years (see a video interview with her below), and so she agreed to lead the ACLU suit.

The ACLU complaint, however, may serve to be larger than just the 17 voters (and thousands of others included as part of 6 different classes) in the state of Wisconsin. If it succeeds, the lawsuit could have national implications that would go well beyond the question of who gets to vote in Wisconsin in the 2012 Presidential election. The case could serve to reverse the bevy of voter-suppression laws being enacted by Republicans in state after state in the wake of their take-over of statehouses across the nation in November of 2010...

Golly. All those pinko, commie, terrorist-loving Leftists who have long been warning about the dangers of Big Government overreach and the dangerously increasing use of terror tools against U.S. citizens --- the same thing that "Tea Party" RWers pretended, only after Obama's election, to be concerned about --- were nothing but America-hating alarmists, weren't they?

From KTLA::

It's a shame the Predator B Drone didn't just unload some heat-seeking missiles on the three suspected cow rustlers, eh? Think of all the gas money they could have saved the Sheriff's office from having to drive in and arrest them in person.

What was it that you "Tea Partiers" were saying about Big Government and Big Brother again, even as you were then, and are still now, supporting the unfettered, unConstitutional use of terror tools in the "War on Terrorism U.S. Cow Rustlers"?

And what will you use an excuse to rationalize it all this time? Our comment section is open for your hypocritical justifications, as usual.

Guest blogged by Ernest A. Canning

Many of the individuals who were swept up by last week's LAPD raid on the Occupy LA encampment at Los Angeles City Hall were arrested even as they attempted to disperse in accordance with police directives, according to testimonials from some who were detained in the early morning hours of November 30th and held on misdemeanor charges for days after.

Their videotaped testimonials [some of which are posted below] both corroborate and reinforce the excessive force and post-arrest abuse charges detailed in our previous article on the Occupy LA raid, in which detainees charged that they were hand-cuffed behind their backs and left to languish inside L.A. County Sheriff's Department (LASD) buses for eight to nine hours without access to food, water, medicine, or toilets as they were left to urinate on themselves in their seats.

The details also suggest that these conditions were imposed upon innocent demonstrators who were the victims of indiscriminate, false arrests by law enforcement officials. Worse, one written account suggests the LAPD's misconduct included not only pillaging the encampment and police brutality, but even torture...

Guest blogged by Ernest A. Canning with Brad Friedman

[Article now UPDATED at bottom with new information on the LAPD release of detainees.]

Much of the good will and plaudits earned by Los Angeles Mayor Antonio Villaraigosa and LAPD Chief Charlie Beck for their "minimal use of force" tactics employed to clear OccupyLA demonstrators from City Hall Park earlier this week has been quickly squandered in the hours and days since. The BRAD BLOG has learned that hundreds of peaceful arrestees were kept in often deplorable conditions in the hours following their apprehension.

According to new interviews with some of the arrestees following their release, men and women alike were held without charges for hours on end, forced to urinate in their seats on a holding bus while handcuffed, cut off from attorneys, medical supplies, and drinking water, and locked away with punitively high bails while being deprived of both humane and Constitutional rights.

At this hour, almost three full days after their arrest at the OccupyLA encampment in front of Los Angeles City Hall, more than 200 of the peaceful demonstrators detained by LAPD in the evening on Tuesday and early morning hours on Wednesday --- many of them who were not even participating in the Occupation --- are still being held in jail pending $5,000 bail for their misdemeanor detentions, as detailed by radio station KPCC. Approximately fifty people have been released, some after posting bail, others for medical reasons.

KPCC went on to report that on Thursday, only 19 of those people had yet to be charged. The City Attorney's office said that, depending on the charge, some would face bail as high as $20,000.

This morning, Los Angeles Times reported that most of the 19 who were allowed to appear in L.A. County Superior Court Thursday were released without bail, but on the "condition that they not return to the City Hall area, where the protesters had camped." The Times went on to note that most of those still held without being charged have no criminal record...

Just breaking from Reuters...

By the way, while I realize that corporations are "people," I wonder how many actual people, after committing massive felonies, are allowed "more than a year" to "negotiate" with law enforcement over whether they will be indicted for those felony crimes or not.

UPDATE: A few more details now from Boston Globe...

And while we're waiting for more info on the above, let's not forget the woman who was arrested by New York City police for daring to close her Citibank account, as seen on video tape. The NYPD is not being sued by the AG (although they should). She did not receive a year to negotiate with the plain-clothed cops who physically picked her up and dragged her back into the Citibank branch just moments after she had the temerity to close her own personal account at the bank. Rather, it's been left to the woman herself to file a lawsuit against the cops and NYC that were both doing the bidding of Citibank on the tax-payers' dime, as Ernest Canning detailed yesterday.

I can't imagine what those Occupy Wall Street folks are calling for. Gosh and golly, just what are their demands?! It's all so confusing.

3:31am PT: Mayor Antonio Villaraigosa and LAPD Chief Charlie Beck give a very brief statement to media. Villaraigosa lauds Beck, saying that he's never seen such a well handled resolution. "This is a man who understands that Constitutional policing is the only way to go," said the Mayor.

For his part, Beck explained that "60 days ago we started a relationship with Occupy LA demonstrators," which allowed some 1400 officers tonight to use "an absolute minimal use of force" to clear the park.

Commander Andy Smith answers questions after the Mayor and the Chief leave, says that while dogs are still going through things, he is aware of no weapons or drugs found in the park. He lauds the demonstrators for "A fantastic job as far as the folks in there being non-violent." He said no pepper spray, tear gas or batons had to be used as hundreds of demonstrators were cleared from the park.

And yes, there are reportedly still four more demonstrators --- and one dog --- up in the trees...holding the Occupation...

Here is the full audio of the brief, 2 minute statement by Villaraigosa and Beck, as taken from OakFoSho's live video stream --- apologies for the very poor sound quality, thanks to the helicopters above the park...

Hopefully, here endeth our report for tonight. Read below from the bottom up --- as well as see our twitter feed --- if you'd like to relive it all as we did all night tonight...

3:21am PT: Not done after all. Citizen journalist Spencer Mills, better known as live streamer "OakFoSho," has been given permission to cover Mayor Villaraigo and Chief Beck's statement in front of city hall. Minutes away. See OakFoSho's stream below.

By the way, OakFoSho and OccupyFreedomLA are both scheduled to be our guests tomorrow on KPFK at 3:30pm PT on 90.7FM in Los Angeles and streaming live on KPFK.org. [UPDATE: That interview --- both audio and live video stream(s), naturally --- now here.]

Guest editorial by Ernest A. Canning

A post on Tuesday on the hard right Republican website Free Republic suggests that opponents of the Occupy Wall Street movement may well be injecting themselves into the demonstrations' open consensus process in order to confound the objectives of the nascent movement.

"[We n]eed LA Freepers to show up to block this vote by the Occupy LA General Assembly," the poster identifying him/herself only as "joinedafterattack" wrote in apparent hopes of scuttling a discussion that night about a proposal being negotiated with the LA City Council to trade 10,000 square feet of office space and some farmland with demonstrators in exchange for their voluntary exodus from the lawn in front of City Hall.

The call by the rightwingers to take part in a General Assembly meeting at OccupyLA for the specific purpose of blocking a proposal (one that was rejected, in any case, by the majority of demonstrators that night) exposes the vulnerability of Occupy Wall Street's "consensus" decision-making and an internal contradiction between a movement which rails against rule by the 1% even as it permits the one to block the will of the many...

[Now UPDATED with audio archives below...]

Our week guest hosting the nationally syndicated Mike Malloy Show continues tonight and tomorrow!

As usual tonight, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• REP. TED DEUTCH (D-FL-19), on his newly introduced "Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy (OCCUPIED) Amendment", which would overturn the Citizens United decision, by re-establishing the right of Congress and the states to regulate campaign finance laws, and to effectively outlaw the ability of for-profit corporations to contribute to campaign spending.
• JEANNIE DEAN, activist, Election Integrity champ and OccupyLA rep (watch her sing the gospel of OWS recently on Russian TV here) on the LA City Council's new offer to OccupyLA to "decamp" from City Hall to a 10,000 sq. foot office building and even their own farm.
• PLUS! Occupy Wall Street's first fatality?; Obama gets "Mic Checked"; Tonight's GOP debate (if it matters) and much more as the Occupy Wall Street uprising continues, along with your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Well, this show was just loony toons! If you don't believe me, give it a listen! The audio archives are now posted below (along with the chat room archives)...

Guest editorial by Ernest A. Canning

The photo at right may well provide a pivotal moment in a new American revolution. It exposes a crack in the façade of the corporate security state that could grow to the point that rule by and for the 1% may some time soon internally collapse.

The real story lies not in the fact that retired Philadelphia Police Captain Ray Lewis was arrested by the NYPD during an Occupy Wall Street confrontation. (Video of arrest posted below). It's the potential that Lewis' recognition of immense betrayal will spread throughout the rank and file of the security apparatus even as the clueless and increasingly desperate power elites seek to effectuate a coordinated crackdown on Occupy Wall Street encampments...

On Friday, Lt. John Pike [and a number of other officers --- see UPDATE below] of the UC Davis police force lead a group of lawless cops in lining up demonstrators who had been peaceably assembled on the University of California, Davis quad and then covered them with with pepper spray. His fellow cops did nothing to stop him, and actually stood by in support. [Complete appalling video posted at the end of this article.]

We're at a loss to describe this type of outrageous, unprovoked and unnecessary behavior as anything less than torture, to be frank.

Yesterday, we shared the photo of a cop at OccupyPortland similarly pepper spraying a young demonstrator directly in the face. And the day before, we detailed the story of 84-year old Dorli Rainey who met a similar fate at OccupySeattle.

Our report yesterday detailed a rapidly growing partial list of other atrocious incidents of blatant, lawless, unprovoked violence carried out by "law enforcement" officials across the nation since the Occupy Wall Street movement began two months ago. The incidents, almost all documented on video by citizen journalists, demonstrate the unrestrained, and almost always illegal, use of brutal force, aggression, violence and often torture by Big Government against peaceful American citizens exercising what were once known as their Constitutional rights --- the very behavior which supporters of the Tea Party once pretended to be concerned about.

As we averred in that article --- as supported by the included linked incidents --- and as we feel even more certain of today after viewing the video of the casually brutal and tortuous behavior of Pike and his band of UC Davis stormtrooper thugs who stood by in support (see full video below), the U.S. has not become merely a Police State in the ten years following 9/11, but a fully weaponized Military State.

Though video evidence of what happened was widely available on Friday, rather than condemning the outrageous violence by a member of her own Police force --- as she almost certainly would have had the situation been reversed and a student used pepper spray against peaceful cops --- UC Davis Chancellor Linda P.B. Katehi chose to issue a statement yesterday which seemed to excuse the police brutality as necessary "to protect the health and safety of our campus community"...