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...

And this comes from the New York Times, of all places, which Climate Progress' Joe Romm recently slammed for having "Abandon[ed] the Story of the Century and Join[ed] the Energy and Climate Ignorati," suggesting that "it is now worth seriously contemplating canceling your subscriptions to the one-time paper of record."

Then they, happily, go and do this...

Guest editorial by Ernest A. Canning

Those who have followed the body of my work know that I am no fan of campaign ads, which are usually democracy-destroying substitutes for in-depth discussion of matters of substance by those aspiring to public office.

But, every now and then, one comes along that is worth watching because it is both short and hilarious, like this clip of Bill Maher stating why he thinks Alan Grayson (D-FL) should again be in Congress...

Breakfast in America on Thursday, in Chicago, with WI's Republican Gov. Scott Walker, after Occupiers had recently been rounded up and mass arrested, with the approval of Chicago's Democratic Mayor Rahm Emanuel, for exercising their First Amendment rights.

They made up for that on Thursday...

The great patriots comprising Occupy Wall Street demonstrations across the nation hardly need my input on the "demands" they continue to try and narrow down and achieve consensus on. I'm quite sure they've got more than enough folks out there making their case for all manner of "demands" given the past 30 years (or more) of utter neglect, corruption and abuse the good citizens of this nation have otherwise been forced --- up until now --- to accept as "politics as usual."

Nonetheless, I've been meaning to ring in on this (and did so recently in a brief comment), so perhaps I should do so quickly here, where it's likely to catch a few more Occupied eyeballs.

I offer the following simple "demand" for consideration by OWS, as this one likely underscores almost every other. Or, at least, without it, all other demands may ultimately be rendered moot.

Here it is. One demand that seems simple enough --- and is as non-partisan as can --- for your consideration:

Please help spread this to the Occupiers if you agree its important. For example, Tweet it (or a link to this article) like mad (with #ows in the text), and/or spread it via Facebook and/or print it out and take it to a General Assembly at an Occupation near you!

Thanks!

Meanwhile, the Republican War on Democracy continues apace.

Happily, Rachel Maddow brings us up to date on the latest in the GOP's out-and-out assault on voting and voting rights in states all over the country. The new laws passed by GOP-controlled legislatures in the wake of their 2010 electoral victories, are expected to have a wildly disproportionate disenfranchising affect on voters who tend to vote Democratic, and are likely to make voting much more difficult for some 5 million Americans, according to a new study from NYU's Brennan Center for Justice.

Apparently, Republicans must be convinced, for some reason, that they can't win elections in a fair fight. Wonder why.

Maddow's latest maddening update includes an interview with the Republican Supervisor of Elections in Volusia County, FL who was "sick to her stomach" after being forced to turn in a high school teacher to law enforcement for registering students to vote now that Florida has criminalized such activities. And, no, we're not exaggerating. That is the same new FL GOP law which has led the non-partisan League of Women Voters to cancel all voter registration in the state of Florida, after doing so for the past 72 years, because the potential penalties for doing so have simply become too onerous....

Follow and stream @GreenNewsReport!...



(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: The buck stops with President Obama on the proposed Keystone XL Pipeline; Spontaneous nuclear reaction at the Fukushima nuclear power plant; Belgium to phase out nukes, too; This week's toxic fossil fuel spill, now in Lake Michigan; PLUS: Occupy your Junk Mail! ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): GOP-led House Panel to Vote on Non-Existent EPA Dust Rule; TX Billion-dollar Drought Ripples Through Global Markets; Traditional Farm Methods Help Climate Adaptation; Climate Science Witch Hunt Update; Low But Possibly Harmful BP Gulf Oil Spill Contamination .... PLUS: City Smog Linked to Cognitive Deficits in Children ... and much, MUCH more! ...

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...

Follow and stream @GreenNewsReport!...



(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Mitt Romney flip-flops again, this time on global warming; Fox 'News' --- ignorant and proud of it; U.S. Navy ignores Fox and Mitt by taking the lead on biofuel innovation; PLUS: It's not your imagination: weather disasters are becoming more frequent, and more expensive ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Northrop Grumman climate scientist says "radical changes" are needed; Radiation cleanup confounds Japan; Climate deniers still not happy with Koch-funded climate study; Will a 'secret farm bill' be passed this week?... PLUS: The actual uncertainties in climate science, explained ... and much, MUCH more! ...

Over the weekend, we highlighted a video of a night court judge in Tennessee refusing to jail Occupy Nashville demonstrators after they'd been arrested, bussed downtown by state troopers, and detained for several hours in the wake of a seemingly arbitrary enforcement of a curfew in a public space where protesters had been camping out. As seen in that video, Judge Tom Nelson ordered the protesters released, telling the arresting officer, "You have no lawful basis to arrest or charge these people."

A similar scene played out after arrests on two nights in a row, where the judge refused to jail the protesters.

And now, late today, comes yet another, even larger victory for Occupy Nashville demonstrators, along with a stinging rebuke for the state's Republican Governor Bill Haslam. The turn of events is certainly great news for admirers of the U.S. Constitution and the Rule of Law and stuff, as the state has "declined to defend the governor's crackdown on protesters" in the wake of a lawsuit filed by demonstrators and the ACLU.

Additionally, the state will not challenge a federal judge's order banning further arrests of the demonstrators for the time being as the parties attempt to negotiate together. The state has even agreed to return confiscated tents, sleeping bags and other property taken from the protesters on the first night of arrests at Nashville's Legislative Plaza...

No wonder MSNBC buried Chris Hayes' new show in in the absurdly early hours of the weekend TV ghetto. He should be hosting, at a minimum, NBC's Meet the Press.

Had he been doing so for the last several years --- rather than the clueless elitists who have been, along with their weekly parade of meaningless softballs served up to similarly clueless elitist guests and panelists --- we likely wouldn't be in this mess.

Yesterday's compelling round-table discussion on UP with Chris Hayes, about so much that is actually at the heart of this nation's problems, follows below. I hope you will watch it...

[UPDATE: Thanks, guys! We've now sold out the few copies we had in this premium, but we hope to have another one soon! The support, as always, is greatly appreciated! - Brad]

Our friend Greg Palast, investigative journalist, BBC documentary reporter and author of the best-selling books Best Democracy Money Can Buy and Armed Madhouse has a new book out in November, and he's been kind enough to give us a limited number of advanced, signed hardcover copies as premiums in support of The BRAD BLOG.

We don't have a lot of copies, so it's first come first serve!

His new book is VULTURES' PICNIC: In Pursuit of Petroleum Pigs, Power Pirates and High-Finance Predators. It's described as "A tale of oil, sex, shoes, radiation and investigative reporting".

If you'd like a signed copy, please hit THIS LINK and make a contribution of $50 or more to The BRAD BLOG and we'll get it out to ya, ASAP!...

You can also contribute via snail mail to: Brad Friedman, 7095 Hollywood Blvd., #594, Los Angeles, CA 90028 --- though I can't guarantee we'll have enough books by the time your contribution gets here. If it doesn't, we've got another premium book offer we'll be making available to readers later this month, and you'll be the first in line to have one of those instead! (You'll just have to wait to find out what it is, but hopefully you'll not be disappointed because, ya know, you're supporting the work we do here either way! And, believe me, it's very much needed!)

We hate fund raising, are not very good at it, and don't do it nearly often enough. So if you can help, please do! We've had a very busy summer and, so far, autumn, and really need all of the help you can offer as we continue to independently cover --- with neither corporate nor institutional help --- those things which we believe actually matter to all of us. This is especially true as we barrel toward another Presidential Election year!

Your support is largely the only thing that allows us to continue doing this work. So thank you very much in advance for whatever help you can offer! And you'll even get a helluva book out if it in the bargain if you act fast! --- Brad

P.S. If you happen to be in the L.A. area, I'll be emceeing Palast's appearance at a KPFK/Pacifica fund raiser on Nov. 16th. If you can make it buy, please do and be sure to say hey! More details here...

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!"...