I draw cartoons for The Los Angeles Times about issues related to California and the Southland (metro Los Angeles).
This week: A majority of the five-member Police Commission concludes that a detective who said he shot and killed a man last year was not believable. The chief determined that the shooting was within department policy.
This week, you can read my column, or watch it!
Strip-Searching is Legal and Democracy is Dead
The text of Justice Kennedy’s majority is cold and bureaucratic. “Every detainee who will be admitted to the general population may be required to undergo a close visual inspection while undressed,” he writes for the five right-wingers in the majority of the Supreme Court.
There’s no looking back now. The United States is officially a police state.
Here are the basics, as reported by The New York Times: “The case decided Monday, Florence v. County of Burlington, No. 10-945, arose from the arrest of Albert W. Florence in New Jersey in 2005. Mr. Florence was in the passenger seat of his BMW when a state trooper pulled his wife, April, over for speeding. A records search revealed an outstanding warrant for Mr. Florence’s arrest based on an unpaid fine. (The information was wrong; the fine had been paid.) Mr. Florence was held for a week in jails in Burlington and Essex Counties, and he was strip-searched in each. There is some dispute about the details, but general agreement that he was made to stand naked in front of a guard who required him to move intimate parts of his body. The guards did not touch him.”
“Turn around,” Florence later recalled his jailers ordering him. “Squat and cough. Spread your cheeks.”
A court motivated by fairness would have declared this conduct unconstitutional. Fair-minded people would have ordered the New Jersey municipality to empty its bank accounts and turn them over to the man it humiliated. Everyone involved—the police, county officials—ought to have been fired and charged with torture.
Not this court, the U.S. Supreme Court led by John Roberts. Besotted by the sick logic of paranoia and preemption that has poisoned us since 9/11, it ruled that what happened to Albert Florence was perfectly OK. The cops’ conduct was legal.
Now “officials may strip-search people arrested for any offense, however minor.”
If you get arrested at an antiwar protest, the police can strip-search you. If you’re pulled over for a minor traffic infraction, as was the plaintiff in this case. For setting off fireworks on the Fourth of July.
Humiliation is the law of the land.
The Court heard examples of people who were strip-searched “after being arrested for driving with a noisy muffler, failing to use a turn signal and riding a bicycle without an audible bell.” They considered amicus briefs by nuns and other “women who were strip-searched during periods of lactation or menstruation.”
Body-cavity searches are now legal for anyone arrested for any crime, no matter how minor. As of April 2, 2012, finger-rape is the law of the land.
Think it won’t happen to you? 14 million Americans are arrested annually. One in three Americans under age 23 has been arrested. It happened to me a couple of years ago, for a suspended drivers license. Except that it wasn’t really suspended. I was lucky. My cops weren’t perverts. They didn’t want a lookie-loo at my private parts.
How did we get here? Preemptive logic.
Saddam Hussein is a bad man. He hates the United States. What if he has weapons of mass destruction? What if he used them against us, or gave them to terrorists who would? Can’t take that chance.
We don’t need evidence in order to justify bombing and invading Iraq. We have fear and the logic of preemption.
The logic of preemption flails, targeting anyone and everyone. A single plane passenger sets his shoes on fire. He never came close to causing real damage, but now everyone has to take off their shoes before boarding a plane. Infants. Old people. Veterans whose limbs got blown off in Iraq. Everyone.
Can’t take chances. What if your toddler is a member of Al Kidda?
The logic of preemption is indiscriminate. What if terrorists are stupid enough to use phones and emails to plot their dastardly schemes? We’d want to know, right? In the old days before 9/11, officials who suspected a person of criminal conduct went to a judge to obtain a wiretapping warrant.
Now we’re paranoid. And the government is power-hungry. So government officials and their media lapdogs are exploiting our fear and paranoia, openly admitting that they listen to everyone‘s phone calls and read everyone‘s emails. Can’t take chances. Gotta cover all the bases.
What about the Fourth Amendment’s prohibition against unreasonable searches and seizures? Quaint relics of a time before the police state. Like the Geneva Conventions.
Here comes Justice Kennedy, amping up the perverse logic of preemption. Responding to the nasty cases of the finger-raped nun and the humiliated women on their period, Kennedy pointed out that “people detained for minor offenses can turn out to be the most devious and dangerous criminals.” Timothy McVeigh, who blew up the federal building in Oklahoma City in 1995, was pulled over for driving without a license plate. “One of the terrorists involved in the Sept. 11 attacks was stopped and ticketed for speeding just two days before hijacking Flight 93,” he wrote, continuing with the observation that San Francisco cops “have discovered contraband hidden in body cavities of people arrested for trespassing, public nuisance and shoplifting.”
No doubt about it: If you search every car and frisk every pedestrian and break down the door of every house and apartment in America, you will find lots of people up to no good. You will discover meth labs and bombs and maybe even terrorists plotting to blow up things. But who is the bigger danger: a drug dealer, a terrorist, or a terrorist government?
This summer will be ugly. Cops will arrest thousands of protesters who belong to the Occupy Wall Street movement, which is fighting corruption and greed and trying to improve our lives. Now that police have the right to strip and molest demonstrators, you can count on horrible abuses. Cops always go too far.
Note to people about to be arrested: pop a laxative before they slip on the flexicuffs.
I don’t know about you, but I would rather live in a country that respects rights and freedoms more than the paranoid madness of preemption. In the old America where I grew up, we lived with the possibility that some individuals were evil. Now we face the absolute certainty that every policeman is a fully licensed finger-rapist.
(Ted Rall’s next book is “The Book of Obama: How We Went From Hope and Change to the Age of Revolt,” out May 22. His website is tedrall.com.)
I draw cartoons for The Los Angeles Times. This week’s offering: Cal State trustees have voted to hire two new presidents at high salaries, 10% more than their predecessors. Meanwhile, students face class cancellations and budget cuts.
Democrats and Democratic front groups like MoveOn.org are trying to channel the Occupy movement back into the system with such “Astroturf” actions as “Occupy the Ballotbox” and “Occupy the Primaries.” What bizarre co-option schemes can we look forward to next?
The government claims that unemployment is dropping, but that’s only because long-term unemployed Americans no longer count.
Why does society tolerate and encourage booze consumption while obsessively banning marijuana?
At the ’68 Democratic Convention, police were fine with a simple club and a little helmet protection for the ol noggin’. They even had short sleeves on. Light, breezy, looking good bashing hippies! I’m not sure when exactly it happened, but someone decided at some point that police should look more like shock troops from novels read by paranoid militiamen in Idaho; that that was a good idea.
After 9/11, you will recall, we went insane. Lots of regrettable things happened. One of those was lavishing tiny towns with pallets of Homeland Security cash to buy storm trooper outfits and sound cannons. We needed to prepare for anything. Except economic collapse.
I’ve been seeing riot cops on a weekly basis as I attend Occupy Portland actions, always dispatched to a scene with a noticeable lack of riot. The amount of protection they wear seems excessive even for a riot–they are prepared for war. Now that they have cleared out most of the encampments, we are hearing a lot complaining about the cost of cleaning up after Occupiers. The massively overblown operations using all sorts of expensive toys never needed in a sane society cleared out the camps and, boy, those protesters sure did a number. Grass needs replanted and I think the city might even pay someone a halfway decent wage to do it.
Some people celebrate as Occupy Wall Street is evicted from Zuccotti Park.
Winter Looms. Occupy Movement Wiggles Fingers. What Next?
“Let’s recreate Tahrir Square.” The email blast that began it all in June, a call for opponents of America’s wars and bank bailouts and rising income inequality and a host of other iniquities to occupy a public plaza two blocks from the White House, drew its inspiration from the Arab Spring.
The call worked. For the first time since the unrest of the 1960s, Americans joined spontaneous acts of protest and sustained civil disobedience in vast numbers. Why? Perhaps Americans, smugly dismissing the Muslim world as inherently inhospitable to democracy, were embarrassed to watch themselves shown up by people willing to face down bullets in Bahrain and Yemen and Libya. What’s a little pepper spray considering the thousands killed in Syria? Maybe Tahrir appealed because it worked. Or seemed to work. (Note to revolutionaries of the future: never trust the old regime’s military when they say it’s OK to leave them in power.)
The Arab Spring begat an American Fall. An aging Canadian magazine publisher cut-and-pasted the Freedom Plaza occupation (which still goes by the name of October 2011 Stop the Machine). Then he preempted STM, scheduling it to begin a few weeks earlier. He moved it to New York. Finally, he branded his cut-and-paste occupation with a better name: Occupy Wall Street.
Occupy Wall Street, not-so-new but much improved by its proximity to the national media based in Manhattan, began with aimless milling about the closed streets of the Manhattan’s financial district. It was ignored. A week later the collision of a thuggish NYPD officer, a dollop of pepper spray and four stylish young women made the news. “The cops spraying a bunch of white girls, well, our donations have tripled,” victim Chelsea Elliott told The Village Voice. Within a month, OWS was the beneficiary of an unreserved endorsement by The New York Times editorial board. On Sunday, no less–the most widely read edition.
More than a thousand cities now have their own occupations, cut-and-pasted from their format of their Washington and New York granddaddies. The Occupations trend white and young. They claim to be leaderless. Most of them cut-and-paste their tactics from OWS. They first take over public parks in downtown areas. Then they either apply for police permits to use a public park (as in Washington), obtain approval from private owners (as in New York), or take over spaces sufficiently unobtrusive so that the authorities grant their tacit consent (as in Los Angeles, where the encampment is in the city’s mostly disused downtown).
With a few exceptions like Denver, where police forcibly cleared out and arrested Occupy Denver members and confiscated their tents and other property, most local and federal law enforcement agencies have assumed a “soft pillow” approach to the Occupy phenomenon.
This missive to Occupy L.A. participants gives a sense of the modus vivendi: “The event organizers say they have talked to the police and the police say they are welcome. There are certain rules planned to be in place, such as moving tents off the grass onto the sidewalk at night. Please follow the directions of the police or any officials. The lawn has an automatic sprinkler system that someone who went and watched says turns on at 8 pm – 9 pm. The park area closes at 10 pm, but sleeping on the public sidewalks adjacent to the street is allowed from 9 pm to 6 am. That is the sidewalk surrounding the park area, not the sidewalk within the park area. Also, keep in mind you can be charged for clean-up and repairs, so wherever you go, be sure you do not create any need for clean-up or repairs. Please be very mindful of this.”
Aware of the fact that the movement has grown in response to official pushback–in New York after the pepper-spraying of the four women as well as after a threatened “clean up” operation similar to what went down in Denver–police are reluctant to create a spectacle of violent official repression. Protesters, meanwhile, are understandably reluctant to become victims of violent official repression. There have been hundreds of arrests, but no violent showdowns as we’ve seen in Athens. Leftist professor Cornel West seems to get booked every other day yet looks none the worse for wear.
In the absence of serious confrontation the occupations have become campsites. After police threatened to sweep up Freedom Plaza in Washington hundreds of supporters poured in to face down the police. The U.S. Parks Police blinked; now Stop the Machine has an official four-month permit. The same thing happened when New York Mayor Michael Bloomberg scheduled a police-led “clean up” of Zuccotti Park. A night’s worth of phone calls by panicky city politicians made him back down.
Also, as The Nation reports, the NYPD wasn’t certain they had legal grounds for evicting the Occupiers from Zuccotti Park, which is public but privately-owned: “Jerold Kayden, a professor of urban planning and design at Harvard’s Kennedy School, says that these spaces ‘occupy a somewhat murky terrain in terms of what activities and conduct of public users within the space should be acceptable and what goes beyond the pale.’ That is, the protesters have been able to set up camp in Zuccotti not because of any regulation that protects their presence there, but precisely because of a real lack of any defined regulations at all.”
With free food, legal services, a press table and bilingual information booths–plus the passage of time–Occupy Wall Street looks increasingly permanent.
Occupy movement outposts utilize an anarchist-inspired “general assembly” structure to make decisions ranging from the profound (resolved, that we should jail Obama) to the mundane (what time shall we hold the next general assembly). Everyone gets to speak. A “mic check” of repeated lines pass everything said to the outer ring of listeners. Attendees indicate approval by holding their fingers up and wiggling them. Downward wiggling indicates disapproval; sideways wiggling reflects uncertainty. Forming a triangle with one’s fingers is a demand for a point of process.
Why this approach? No one asks. That’s how it goes with cut-and-paste.
Crossed arms are a “block.” Anyone may block any motion. A 999-to-1 vote means no passage. Blocks, we are told by non-leader facilitators, are a nuclear option. “You might block something once or twice in your lifetime,” Starhawk, a genre novelist introduced as an experienced facilitator at one of the D.C. occupations. But a lot of nukes went flying around. Occupy Miami took weeks to get off the ground because rival factions (liberals vs. radicals) blocked one another at every turn.
Cut-and-paste at every turn: the local occupations use similar interfaces, even typefaces, for their websites and Facebook pages.
The movement has grown nicely. But, just as Mao found it necessary to adapt industrial-proletarian-based Marxism to China’s agrarian economy with “Marxism with Chinese characteristics,” activists are about to face the negative consequences of trying to replicate Tahrir Square in the United States. The U.S. isn’t Egypt. It isn’t even European. Americans need Tahrir Square with American characteristics.
Conditions on the ground necessitate a reset.
Namely: the weather.
IN MY NEXT COLUMN: Winter is coming. What will happen to the northern Occupations when the snow starts falling?
(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)
COPYRIGHT 2011 TED RALL
