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...

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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!"...

Al Jazeera English's Bob Abeshouse and Yasmeen Qureishi have put together an investigative report on the out-sized influence of the Koch Brothers on American democracy. The documentary premiered on AJE this week, and both starts and ends with the "Secret Koch Tapes" we exclusively published last month in a series of articles at Mother Jones and here at The BRAD BLOG.

There are a number of noteworthy points in this investigative look at the Kochs, co-owners of Koch Industries, the nation's second largest private corporation (the giant oil conglomerate inherited from their father), and how they are spending just some of the extraordinary $18 billion increase in personal wealth they've enjoyed over just the last three years under the tyranny of the Obama administration.

But among the interesting points revealed here, is the fact that this detailed exposé, a behind-the-scenes examination of two of the most powerful puppeteers behind American democracy, comes not from the far larger and better funded corporate news networks here in the U.S., but from from Al Jazeera. Go figure...

"There has been some twists in the overnight arrests of the Occupy Nashville protesters downtown."

Hat-tip David Swanson on the Twitters...

Just some of The BRAD BLOG's most-recently related 'Occupy Wall Street' coverage...

10/28/11: He was Standing Stone Still Amid Tear Gas in Oakland - Clutching a Copy of the U.S. Constitution
10/27/11: It's The Accountability, Stupid (or Lack Thereof)
10/26/11: VIDEO: 'Hypocrisy Has its Own Elegant Symmetry'
10/26/11: Police Attack Peaceful 'Occupy Oakland' Demonstrators, Veterans, with Rubber Bullets, Tear Gas, Flash-Bang Grenades, and Dishonor
10/24/11: Albany & NY State Police Defy Governor, Mayor; Refuse to Arrest OWS Demonstrators
10/24/11: U.S. Chamber's Disgraced Smear Plot Conspirator, 'Anonymous' Foe, Aaron Barr Found Collaborating with Self-Appointed #OccupyWallStreet 'Snitch'
10/19/11: So Much For the First Amendment: Author, Reporter Naomi Wolf Just Latest of 1,500 Arrested For Peaceable Assembly at #OccupyWallStreet Protests

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...

Despite failing to object for months prior, the nation's largest electronic voting system vendor, ES&S, is now attempting to stop a landmark independent examination of their e-voting systems in a Pennsylvania county dead in its tracks.

An October letter from the company, obtained by The BRAD BLOG, charges that Venango County, PA, is in violation of their contract agreements with the Omaha-based e-voting Goliath, even as two volunteer Carnegie Mellon computer scientists are in the midst of a forensic audit of the county's May 17 primary election. The county's investigation comes on the heels of apparent failures of the ES&S iVotronic touch-screen voting system during their recent primary and several other recent elections in Venango.

The 100% unverifiable ES&S iVotronic system has failed in a number of elections nationwide, but is still widely used across the country and slated for use once again in more than a dozen states in next year's Presidential election.

The Venango study, which we first reported on in early October as it began, came about after worries arose during a 2008 election when the ES&S system reported that some county candidates "had zero votes," as the county's Republican Board of Elections chair, Craig Adams, recently told us while we were guest hosting the nationally syndicated Mike Malloy Show.

Confidence in the system flagged once again, more recently, according to VotePA.us founder Marybeth Kuznik, after "numerous reports of vote-flipping, candidates missing from screens, write-ins missing, and high undervote rates" in the Republican-leaning county's May 17 primary.

The county Board of Elections, currently comprising two Republicans and one Democrat, begs to differ with the ES&S claim that the county is in violation of its contractual agreements. The claim is "disingenuous at best," according to a legal memorandum obtained by The BRAD BLOG, from the Board's counsel. We've also obtained and reviewed ES&S' letters to the county and the county's agreement with the two independent computer analysts. The documents appear to back up the Venango attorney's assessment...

As there are still a number of brain-dead and/or entirely corrupt and/or entirely dishonest phonies who, even now, pretend they're unclear on what Occupy Wall Street's message is, Dahlia Lithwick smartly dispatches with their hooey today. Those folks aren't really worth our time.

But the fact is, the wholesale takeover of the American government by corporate "persons" --- and the (at least) 30 years of corruption and crapping on the middle class that has come with it --- has some 99% of us with a long, 30 year-list of complaints. They don't easily fit on one single bumper sticker. Ultimately, though, there seems just one thing that underscores all of those complaints: the end of any real accountability for every one of those corrupting influences and often criminal acts.

It has become almost unimaginable that flagrant lawlessness by the elite --- be they in government or corporatist America --- will ever be met with any sort of real accountability, any kind of accountability that might actually dissuade others from the same behavior in a way that might serve to reverse the ever increasing race to lower the bar below ground. That, I suspect, is the frustration at the heart of every Occupation and ever Occupier or those who support them in the country.

Two back-to-back interviews on Tuesday night's Rachel Maddow Show seemed to make these points as plain as could be, and one even offered some hope in the bargain. The first was with NY state Attorney General Eric Schneiderman who actually suggests he gets it, and is actually pursuing real accountability, with real investigations into criminality by the banks and the banksters before, during and after the explosion of the mortgage crisis. We'll see if he means it (or if he gets "caught" with a hooker first.) The second interview was with Constitutional attorney, Salon blogger and author of the new book, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful, Glenn Greenwald.

Key points on accountability from both interviews are excerpted below, and the full videos of each are embed below that. Both are worth reading and/or watching in full if you haven't. It's about the accountability, stupid...

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Guest blogged by Ernest A. Canning

The words, "hypocrisy has its own elegant symmetry," appear in this short, but powerful documentary posted on October 10, long prior to last night's shocking scenes from Occupy Oakland.

The video contrasts the positions of our political elites in response to democratic uprisings in other countries against our government's response to the genuine democratic uprising we are now beginning to finally see in the U.S.A...

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...

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