Guest blogged by Ernest A. Canning

On Monday, the American Civil Liberties Union (ACLU) of Northern California and the National Lawyers Guild filed a 17-page complaint (Campbell vs. City of Oakland) in the U.S. District Court for the Northern District of California seeking both compensatory damages and the issuance of a temporary restraining order that would enjoin the Oakland Police Department (OPD) and 17 outside law-enforcement agencies from trampling upon the constitutional rights of both bystanders and participants in Occupy Oakland.

The complaint calls for the OPD to cease their vicious, unprovoked and indiscriminate use of chemical agents, flash-bang grenades, nightsticks and direct-impact crowd control weapons --- all in violation of Crowd Control Policies adopted as part of a settlement of two previous federal cases entailing allegations of prior lawless actions by OPD.

The body of the complaint provides graphic details of police misconduct that is so pervasive that the legal filing might aptly be labeled, "an anatomy of an ongoing police riot" or "OPD's campaign of terror"...

Some of the police brutality that has occurred at Occupy demonstrations around the country has been appalling. It's particularly upsetting to watch as those cops seen violating the law and the Constitutional rights of demonstrators are also part of the "99 Percent" themselves.

One of them --- Officer Fred Shavies of the Oakland PD, who was revealed as an undercover infiltrator at Occupy Oakland --- now concedes as much in an extraordinarily moving interview in which he condemns the violence by his fellow cops and says he sees the Occupy movement as a possible "turning point, the tipping point" for our generation.

"It looks like...police shot tear gas into it, right?" says Shavies, referencing the October 25 violence in Oakland at the intersection of 14th & Broadway that The BRAD BLOG has documented in great detail here (see here, here and here for example). "That could be the photograph or the video for our generation. That’s our Birmingham," he explains, alluding to the police brutality that occurred during the otherwise peaceful fight for voting rights in the South during the 60s.

"So, twenty years from now this movement could be the turning point, the tipping point," Shavies says during the interview, as he identifies with the protesters in the "99 percent" movement, adding that he is one of them. [Video and more excerpts below.]

We're not among the anti-cop folks around here. We have, however, reported in great detail on the lawlessness demonstrated by some of the "law enforcement" officials in Oakland, referenced by Shavies, as well as the serious injuries they've inflicted on peaceful demonstrators and even some who weren't demonstrating at all.

So while we don't oppose the lawful men and women of law enforcement, some of them seem to be working awfully hard to give their brothers and sisters a very bad name. Those who have done so must be held accountable for their actions.

You've seen some of the videos of NYPD officers violently pepper spraying peaceful demonstrators, and the videos from Oakland as seen in the articles linked above. Here are two more recent examples of appalling police behavior as witnessed on video tape.

The first is from Occupy Berkeley on Wednesday, where the actions seen below were reported by AP as little more than police "nudging" demonstrators:

Really, AP? "Nudging"?...

Guest blogged by Ernest A. Canning

New video has emerged (posted below), courtesy of ThinkProgress of an apparently unprovoked Oakland police officer shooting a cameraman during a recent stand-off with Occupy Oakland demonstrators.

In an email to The BRAD BLOG, Sgt. Christopher Bolton, Oakland PD's Chief of Staff, confirmed that the incident involved an "OPD use of force" which took place at 16th Street near San Pablo Ave. in Oakland on the morning of Nov. 3, 2011 and that the matter was "under investigation." (Recall that a general strike took place in Oakland on Nov. 2. This event, per the cameraman, took place shortly after midnight.)

However, Bolton did not directly answer specific follow-up questions designed to pin down details of the incident.

At YouTube, the unidentified cameraman denied that there had been any "violence or confrontation of any kind underway" at the time the OPD officer can be seen aiming and firing (as seen 31 seconds into the 40 second video below.)

Because this potentially involves an unprovoked police assault on a citizen-journalist, the issue at stake entails more than police misconduct. If it was unprovoked battery, the incident reflects nothing less than a direct assault on the First Amendment, democratic accountability and the public's right to monitor police misconduct.

Video captures moment officer fires...

Guest blogged by Ernest A. Canning, with Brad Friedman

The Oakland Police Department is walking back widely reported comments offered by its Interim Chief, Howard Jordan, at an Oct. 25 televised press conference (video posted below) that law enforcement "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."

The press conference had been conducted shortly after a melee which included the deployment of chemical agents on peaceful demonstrators. The police use of force resulted in injuries to, among others, a two-tour Iraq veteran who sustained a fractured skull and was admitted to the hospital in critical condition. The violent confrontation raised questions about the legality of the procedures carried out by the OPD and the 15 other law enforcement agencies that cooperated in the multi-agency task force.

In response to questions emailed by The BRAD BLOG to the Oakland PD's Chief of Staff, Sgt. Chris Bolton conceded that the department was unable, at this time, to substantiate claims made by Jordan that gas was deployed in order to protect law enforcement personnel from violent demonstrators, despite the Chief's unqualified claim that evening that "the deployment of gas was necessary to protect our officers and protect property around the area and to protect injuries to others as well."

Instead, Bolton softened Jordan's initial claim. The sergeant described it as "the Chief's preliminary belief."

Jordan failed to qualify his statements as a "preliminary belief" at the time he addressed reporters about the use of CS gas during his televised Oct. 25 press conference. Indeed, the Interim Chief spoke of the necessity to deploy chemical agents "to stop the crowd...from pelting us with bottles and rocks" as if it were an established fact.

We sent our questions to the OPD on the heels of a detailed analysis of video taken during the late night confrontation at 14th and Broadway, as well as interviews with eye witnesses conducted last week by The BRAD BLOG. In our own investigation, to date, we have been unable to unearth evidence to support Jordan's assertion that the police initiated the assault in order to defend against either projectiles or any other threat of imminent violence from demonstrators. In fact, the video evidence included in our report reveals that law enforcement officials had determined to use tear gas on the crowd long before any threat was posed by demonstrators.

Our investigation also concluded that the OPD's actions were likely in violation of both California state law, as well as in direct contravention with an OPD Training Bulletin created as part of a mandate following a federal consent decree signed by the department after a similarly violent confrontation with peaceful demonstrators back in 2003...

This follows on the story of former Marine and two-tour Iraq vet Scott Olsen, whose skull was fractured, allegedly, by a police projectile during demonstrations at Occupy Oakland on October 25th, as we've reported on previously (here, here and, most recently, here).

Now we learn of a second serious injury to an Iraq (and Afghanistan) vet, Kayvan Sabehgi, at the hands of the Oakland PD in response to peaceful demonstrations late last month. He was reportedly in intensive care Friday following surgery for a ruptured spleen, more than 10 days after the Oakland PD's confrontation with demonstrators. Sabeghi was reportedly beaten, arrested, and kept in jail without medical care for some 24 hours after the incident, even though he wasn't even a part of the demonstration and was simply trying to get home that night.

As The BRAD BLOG reported exclusively last week, the Oakland PD appears to have initiated the use of chemical agents against peaceful protesters in violation of both state law and a federal consent decree agreed to after a similarly illegal and violent confrontation with demonstrators in 2003. Both video tape evidence and eye-witnesses testimony suggest the violence was instigated by law enforcement officials, rather than demonstrators, in direct contradiction to the claim by Oakland's Interim Police Chief Howard Jordan that police "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."

The revelations of the Sabehgi story make an already appalling story even more so...

Guest blogged by Ernest A. Canning, with Brad Friedman

In the wake of a violent, night-time confrontation with Occupy Oakland demonstrators last week by the Oakland Police Department (OPD) and some 15 other law enforcement agencies, questions have arisen about the legality of the tactics used by the agency during mass arrests which led to serious injuries, including the fractured skull of a two-tour Iraq vet.

Oakland's Interim Police Chief Howard Jordan has maintained that the use of chemical agents and other so-called "less than lethal" weapons were required in order to defend law enforcement officials from demonstrators.

However, a forensic analysis by The BRAD BLOG of video taken immediately prior to and during last week's raid and confrontation with Occupy Oakland demonstrators, creates doubt about the legality of the OPD decision to declare the demonstration to be an "unlawful assembly," and, in particular, raises serious questions about the veracity of the Interim Oakland Police Chief's claim that police "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."

Moreover, evidence in several of the videos suggests that the multi-agency task force may have violated both CA Penal Code Section 407 and an OPD Training Bulletin [PDF] that had been adopted pursuant to a federal consent decree signed by the Oakland PD after another confrontation with protesters some years ago.

That federal consent decree was the product of litigation initiated after a brutal assault on a 2003 anti-war protest at the Port of Oakland, during which, according to civil rights attorney James B. Chanin, OPD not only deployed so-called "less than lethal firearms," but ran over demonstrators with motorcycles, and shot and arrested longshoreman who were not even a part of the demonstration.

Chanin reports that, during a deposition in the 2003 case, he "discovered" that the OPD had "infiltrated a subsequent demonstration, and even a planned route the demonstrators would take." Video posted at the end of this article shows plain-clothed, under-cover cops mingling with demonstrators at Occupy Oakland, revealing that OPD used similar infiltration techniques during recent demonstrations as well. Audio included in the video captures Interim Chief Jordan bragging about the ease of infiltration.

Yet another video, also posted below, suggests that two-tour Iraq vet Scott Olsen's brain injury was likely caused by a member of the San Francisco Sheriff's Emergency Service Unit (ESU), but, despite reports from activists on the Internet, the identity of that officer is still an open question...

Guest editorial by Ernest A. Canning

An October 9 Time Magazine poll revealed that 89% of Americans agree that Wall Street exerts too much influence on our political system; 79% feel the gap between rich and poor is too large; 71% feel the executives from the major financial institutions responsible for the 2008 economic meltdown should be prosecuted; and that only 6% of Americans identify themselves as "Tea Party" followers.

Previous MSM efforts to either ignore what amounts to a genuine democratic uprising or to disparage Occupy Wall Street by falsely claiming the movement has no goal have obviously fallen flat. Against that backdrop, the corporate-owned Los Angeles Times launched a desperate effort to deceptively depict the movement as a transient phenomenon which has had its say and should now fade away.

That effort was apparent in both an October 27 front-page news article in the LA Times, "Putting the move in Occupy movement", as well as a lead editorial in the October 28 paper.

Despite such efforts, neither the dire underlying conditions which have been brought on by history's greatest wealth disparity and the tyranny of the corporate security state, nor the people's desire to realize America's still-unfilled egalitarian democracy is likely to dissipate any time soon. As the Mavis Staples song says, "We shall not be moved!"...

In our coverage of the police assault on peaceful Occupy Oakland demonstrators Wednesday, we ran the inspiring photo of a man standing in front of a line of riot police, wearing a sailor's uniform, holding a Veterans For Peace flag and clutching a copy of the U.S. Constitution.

But what we didn't realize at the time --- not apparent from the photo, but seen in the following, remarkable video --- he was also standing stone still as tear gas canisters were exploding all around him...

I can't help but look at the faces of the police in gas masks, presumably from the Oakland PD (though there were some 17 other agencies there that night) in that haunting video, as they look at the sailor, and wonder what they must be thinking to themselves as that hero stands facing them. We have previously written about the extraordinary violations of the First Amendment that have occurred across the country during these otherwise peaceful demonstrations. What thoughts are going through the minds of those men --- all of whom are undoubtedly also a part of the same "99%" for whom Occupy protesters are fighting --- during that moment?

[UPDATE: The sailor has now been identified as Joshua Shepherd. See his interview on DemocracyNow! here.]

And, as another photograph now reveals, look who happens to be standing right next to the sailor seen above, in the moments just prior to the Oakland PD's tear gas assault...

Once again, late last night, as is becoming a too-regular nightly ritual, after the 11p news was over, police moved in again to violate the Constitutional First Amendment right "of the people peaceably to assemble." And, for the second night in a row, late last night in Oakland, CA, it resembled a war zone as police in riot gear unleashed a punishing onslaught of "non-lethal" flash-bang grenades, rubber (and or bean-bag) bullets and tear gas --- hour after hour, round after round --- injuring demonstrators, including women, the disabled, and even Iraq War veterans...

Unlike the police in Albany a few nights ago, where they defied orders from NY's Democratic Governor Andrew Cuomo to arrest demonstrators, and more like Chicago, where the police followed the advice of Democratic Mayor Rahm Emanuel to break down the demonstrations over the weekend and haul more than 175 in, the Oakland Police Department, with the approval of Democratic Mayor Jean Quan, unleashed a punishing assault on those gathered "to petition the Government for a redress of grievances."

The results were horrific, according to video, photos, and eye-witness reports as it all happened and was reported on Twitter, including this scene appearing to show a member of Veterans for Peace and Iraq Veterans Against the War knocked out by either a concussive grenade or a tear gas canister or another projectile, and being carried away...

[Update]: The veteran seen above was shot in the head and the UK Guardian is now confirming his name is Scott Olsen and that he is in "critical condition" with a "skull fracture and swelling of the brain" at Highland hospital.

"It's terrible to go over to Iraq twice and come back injured, and then get injured by the police that are supposed to be protecting us," his roommate, Keith Shannon, also 24, who served alongside Olsen as a Marine in Iraq, told the Guardian in a late follow-up today.

Other scenes were similarly gruesome and, yes, shameful...

Guest blogged by Ernest A. Canning

As is reflected at right in a 1912 photo taken in Cincinnati, OH, Electric Vehicle (EV) technology has been with us for a very long time.

Underscored in the 2006 documentary, Who Killed the Electric Car? (see video trailer below), the principle obstacles to the development of practical and affordable Battery Electric Vehicles (BEVs, as opposed to PHEVs, or Plug-in Electric Vehicles) have been political and economic, as opposed to technological.

As today is National Plug-in Hybrid Day, a look at the current state of our nation's struggle to realize the massive benefits of truly green automotive technology seems in order --- particularly as the job-creating industry continues to face uphill battles from both fossil fuel-funded obstructionist Republicans in Congress and aggressive attempts by China and other nations to "win" the fight for renewable energy technology at any cost...

I'm still largely off the grid for another day or so (as I have been for the last 24 hours+), but delighted to check in to see so much great conversation on D.C. Douglas' #OccupyWallStreet video we posted in the previous item. Also delighted to check in to see that the worldwide #OWS movement is today's top story across all the major corporate media outlets!

Incredibly, I'm here in Las Vegas (for a conference) and find huge signs advertising CNN's next GOP debate here on Tuesday being held at The Venetian. The embarrassing perfection and irony of the next Presidential debate being held at a CASINO is something I don't have time enough or perhaps even skills enough, to adequately elucidate upon at the moment.

All as some 20 #OccupyWallStreet protesters were reported arrested just minutes ago attempting to close their accounts at Citibank near Washington Sq. Park in Manhattan! More irony there than you can shake a GOP debate in a casino at.

In the meantime, cursorily related --- on both the irony scale and several others --- I was interviewed by Bob Jimenez on LA Business Today, about two weeks ago on our local LA Cityview 35 channel as the uprising was just begin to force its way onto the national corporate mediascape.

The segment, seen below, aired earlier this week. We discussed blogging, journalism, capitalism, the "occupation," e-voting and more in the very quick 12-minute segment...

Back soon! Viva La Occupation!

Guest blogged by Ernest A. Canning

Los Angeles is no New York City. Following a torrential down pour on Wednesday, L.A. Mayor Antonio Villaraigosa sent a hundred rain ponchos over to those who had been encamped outside of L.A. City Hall since last weekend, as the core of the Occupy Los Angeles movement.

Later that same day, the Los Angeles City Council filed an extraordinary Resolution [PDF] in support of the L.A. "occupiers" and of the larger "Occupy Wall Street" movement as a whole.

The resolution, to be adopted "with the concurrence of the Mayor" (and supported by the L.A. County Federation of Labor), comes very close to a formal governmental endorsement of "Occupy Wall Street," a movement which Michael Moore describes plainly enough as "an uprising of people who have had it."

Amongst the powerful WHEREAS statements in support of the L.A. City Council Resolution, adopted "with the concurrence of the Mayor," was a recognition that "corporations hold undue influence and power;" that wealth disparity in the U.S. is greater than many of the nations in the Middle East that have been racked by "violent revolutionary protests;" that "our economic system" is "broken," creating an "economic crisis" that is "eroding the very social contract upon which the Constitution of the United States of America was founded"...

[Now UPDATED with audio archives below!]

The occupation of your public airwaves continues tonight as I guest-host the nationally syndicated Mike Malloy Show one again (and again tomorrow) while Mike is in D.C. rallying with the October2011.org / OccupyWashingtonDC.org demonstrations kicking off today.

Once again 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 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 (so far):

• MIKE MALLOY, the boss checks in from the October2011.org/OccupyWashingtonDC.org demonstrations today in D.C.
• JOSHUA HOLLAND, senior writer/editor at Alternet.org from the #OccupySF demonstrations on what happened last night after we went off the air and police moved in to clear out tents and other property of protesters in San Francisco. And on his latest article on decades of increasing inequality as the top 1% has robbed the bottom 99% blind.
• NANCY TOBI, Founder and Chair of the NH Fair Elections Committee, Adviser to Election Defense Alliance and the Election Transparency Coalition and author of Hands-On Elections: An Informational Handbook for Running Real Elections, Using Real Paper Ballots, Counted by Real People.
• PLUS! More calls from "Occupation Nation" and "Occupiers" around the world (leaving Hour 3 open for calls from you all again!) and anything else that you'd like to talk about at 877-520-1150 and with 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: The uprising continues. And it's all heard in audio archives below, with the commercials removed for your uprising pleasure! (The chat room archives are there too.) Enjoy!...

On my KPFK/Pacifica Radio show yesterday, I spoke with Lisa Clapier, media rep from OccupyLosAngeles.org on the growing protests outside of the LA city hall, and the remarkable cooperation --- including an extrarodinary resolution of support(!) [PDF] --- they've so far received from members of the L.A. City Council.

[Update: More now on the L.A. City Council's remarkable resolution from Ernest Canning here.]

Download MP3 or listen online below [appx 28 mins]...

More on Occupation Nation tonight, as I continue to guest host the nationally syndicated Mike Malloy Show. Tune in tonight at 6p PT / 9p ET. We'll have live listening links and an occupied chat room right here at The BRAD BLOG! (Audio archives of last night's show are here.)

Guest blogged by Ernest A. Canning

"What is a vote worth?" Venango County, PA's Election Board Chairman Craig Adams, a Republican, asked last week. "If the vote is counted it is priceless. If it is not counted, I don't care what it costs. Let's get a right."

"After months of legal wrangling," Marybeth Kuznik of the non-partisan Election Integrity advocacy group VotePA told The BRAD BLOG last week, Venango County's landmark independent forensic examination of the notoriously unreliable and 100% unverifiable ES&S iVotronic Direct Recording Electronic (DRE, most often touch-screen) e-voting system finally got under way.

Kuznik explained that the study comes in the wake of the heavily Republican-leaning county having experienced "numerous reports of vote-flipping, candidates missing from screens, write-ins missing, and high undervote rates in their May 17 Primary." Some candidates on the ballots even were reported by the voting machines to have received zero votes...