The Logic of the Police State
People Are Waking Up to the Darkness in American Policing, and the Police Don’t Like It One Bit
By Matthew Harwood | TomDispatch | December 20, 2015
If you’ve been listening to various police agencies and their supporters, then you know what the future holds: anarchy is coming — and it’s all the fault of activists.
In May, a Wall Street Journal op-ed warned of a “new nationwide crime wave” thanks to “intense agitation against American police departments” over the previous year. New Jersey Governor Chris Christie went further. Talking recently with the host of CBS’s Face the Nation, the Republican presidential hopeful asserted that the Black Lives Matter movement wasn’t about reform but something far more sinister. “They’ve been chanting in the streets for the murder of police officers,” he insisted. Even the nation’s top cop, FBI Director James Comey, weighed in at the University of Chicago Law School, speaking of “a chill wind that has blown through American law enforcement over the last year.”
According to these figures and others like them, lawlessness has been sweeping the nation as the so-called Ferguson effect spreads. Criminals have been emboldened as police officers are forced to think twice about doing their jobs for fear of the infamy of starring in the next viral video. The police have supposedly become the targets of assassins intoxicated by “anti-cop rhetoric,” just as departments are being stripped of the kind of high-powered equipment they need to protect officers and communities. Even their funding streams have, it’s claimed, come under attack as anti-cop bias has infected Washington, D.C. Senator Ted Cruz caught the spirit of that critique by convening a Senate subcommittee hearing to which he gave the title, “The War on Police: How the Federal Government Undermines State and Local Law Enforcement.” According to him, the federal government, including the president and attorney general, has been vilifying the police, who are now being treated as if they, not the criminals, were the enemy.
Beyond the storm of commentary and criticism, however, quite a different reality presents itself. In the simplest terms, there is no war on the police. Violent attacks against police officers remain at historic lows, even though approximately 1,000 people have been killed by the police this year nationwide. In just the past few weeks, videos have been released of problematic fatal police shootings in San Francisco and Chicago.
While it’s too soon to tell whether there has been an uptick in violent crime in the post-Ferguson period, no evidence connects any possible increase to the phenomenon of police violence being exposed to the nation. What is taking place and what the police and their supporters are largely reacting to is a modest push for sensible law enforcement reforms from groups as diverse as Campaign Zero, Koch Industries, the Cato Institute, The Leadership Conference, and the ACLU (my employer). Unfortunately, as the rhetoric ratchets up, many police agencies and organizations are increasingly resistant to any reforms, forgetting whom they serve and ignoring constitutional limits on what they can do.
Indeed, a closer look at law enforcement arguments against commonsense reforms like independently investigating police violence, demilitarizing police forces, or ending “for-profit policing” reveals a striking disregard for concerns of just about any sort when it comes to brutality and abuse. What this “debate” has revealed, in fact, is a mainstream policing mindset ready to manufacture fear without evidence and promote the belief that American civil rights and liberties are actually an impediment to public safety. In the end, such law enforcement arguments subvert the very idea that the police are there to serve the community and should be under civilian control.
And that, when you come right down to it, is the logic of the police state.
Due Process Plus
It’s no mystery why so few police officers are investigated and prosecuted for using excessive force and violating someone’s rights. “Local prosecutors rely on local police departments to gather the evidence and testimony they need to successfully prosecute criminals,” according to Campaign Zero . “This makes it hard for them to investigate and prosecute the same police officers in cases of police violence.”
Since 2005, according to an analysis by the Washington Post and Bowling Green State University, only 54 officers have been prosecuted nationwide, despite the thousands of fatal shootings by police. As Philip M. Stinson, a criminologist at Bowling Green, puts it, “To charge an officer in a fatal shooting, it takes something so egregious, so over the top that it cannot be explained in any rational way. It also has to be a case that prosecutors are willing to hang their reputation on.”
For many in law enforcement, however, none of this should concern any of us. When New York Governor Andrew Cuomo signed an executive order appointing a special prosecutor to investigate police killings, for instance, Patrick Lynch, president of the Patrolmen’s Benevolent Association, insisted: “Given the many levels of oversight that already exist, both internally in the NYPD [New York Police Department] and externally in many forms, the appointment of a special prosecutor is unnecessary.” Even before Cuomo’s decision, the chairman of New York’s District Attorneys Association called plans to appoint a special prosecutor for police killings “deeply insulting.”
Such pushback against the very idea of independently investigating police actions has, post-Ferguson, become everyday fare, and some law enforcement leaders have staked out a position significantly beyond that. The police, they clearly believe, should get special treatment.
“By virtue of our dangerous vocation, we should expect to receive the benefit of the doubt in controversial incidents,” wrote Ed Mullins, the president of New York City’s Sergeants Benevolent Association, in the organization’s magazine, Frontline. As if to drive home the point, its cover depicts Baltimore State Attorney Marilyn Mosby under the ominous headline “The Wolf That Lurks.” In May, Mosby had announced indictments of six officers in the case of Freddie Gray, who died in Baltimore police custody the previous month. The message being sent to a prosecutor willing to indict cops was hardly subtle: you’re a traitor.
Mullins put forward a legal standard for officers accused of wrongdoing that he would never support for the average citizen — and in a situation in which cops already get what former federal prosecutor Laurie Levenson calls “a super presumption of innocence.” In addition, police unions in many states have aggressively pushed for their own bills of rights, which make it nearly impossible for police officers to be fired, much less charged with crimes when they violate an individual’s civil rights and liberties.
In 14 states, versions of a Law Enforcement Officers’ Bill of Rights (LEOBR) have already been passed, while in 11 others they are under consideration. These provide an “extra layer of due process” in cases of alleged police misconduct, according to Samuel Walker, an expert on police accountability. In many of the states without a LEOBR, the Marshall Project has discovered, police unions have directly negotiated the same rights and privileges with state governments.
LEOBRs are, in fact, amazingly un-American documents in the protections they afford officers accused of misconduct during internal investigations, rights that those officers are never required to extend to their suspects. Though the specific language of these laws varies from state to state, notes Mike Riggs in Reason, they are remarkably similar in their special considerations for the police.
“Unlike a member of the public, the officer gets a ‘cooling off’ period before he has to respond to any questions. Unlike a member of the public, the officer under investigation is privy to the names of his complainants and their testimony against him before he is ever interrogated. Unlike a member of the public, the officer under investigation is to be interrogated ‘at a reasonable hour,’ with a union member present. Unlike a member of the public, the officer can only be questioned by one person during his interrogation. Unlike a member of the public, the officer can be interrogated only ‘for reasonable periods,’ which ‘shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.’ Unlike a member of the public, the officer under investigation cannot be ‘threatened with disciplinary action’ at any point during his interrogation. If he is threatened with punishment, whatever he says following the threat cannot be used against him.”
The Marshall Project refers to these laws as the “Blue Shield” and “the original Bill of Rights with an upgrade.’’ Police associations, naturally, don’t agree. “All this does is provide a very basic level of constitutional protections for our officers, so that they can make statements that will stand up later in court,” says Vince Canales, the president of Maryland’s Fraternal Order of Police.
Put another way, there are two kinds of due process in America — one for cops and another for the rest of us. This is the reason why the Black Lives Matter movement and other civil rights and civil liberties organizations regularly call on states to create a special prosecutor’s office to launch independent investigations when police seriously injure or kill someone.
The Demilitarized Blues
Since Americans first took in those images from Ferguson of police units outfitted like soldiers, riding in military vehicles, and pointing assault rifles at protesters, the militarization of the police and the way the Pentagon has been supplying them with equipment directly off this country’s distant battlefields have been top concerns for police reformers. In May, the Obama administration suggested modest changes to the Pentagon’s 1033 program, which, since 1990, has been redistributing weaponry and equipment to police departments nationwide — urban, suburban, and rural — in the name of fighting the war on drugs and protecting Americans from terrorism.
Even the idea that the police shouldn’t sport the look of an occupying army in local communities has, however, been met with fierce resistance. Read, for example, the online petition started by the National Sheriffs’ Association and you could be excused for thinking that the Obama administration was aggressively moving to stop the flow of military-grade equipment to local and state police agencies. (It isn’t.) The message that tops the petition is as simple as it is misleading: “Don’t strip law enforcement of the gear they need to keep us safe.”
The Obama administration has done no such thing. In May, the president announced that he was prohibiting certain military-grade equipment from being transferred to state and local law enforcement. “Some equipment made for the battlefield is not appropriate for local police departments,” he said. The list included tracked armored vehicles (essentially tanks), bayonets, grenade launchers, camouflage uniforms, and guns and ammo of .50 caliber or higher. In reality, what use could a local police department have for bayonets, grenade launchers, or the kinds of bullets that resemble small missiles, pierce armor, and can blow people’s limbs off?
Yet the sheriffs’ association has no problem complaining that “the White House announced the government would no longer provide equipment like helicopters and MRAPs [mine-resistant ambush-protected vehicles] to local law enforcement.” And it’s not even true. Police departments can still obtain both helicopters and MRAPs if they establish community policing practices, institute training protocols, and get community approval before the equipment transfer occurs.
“Helicopters rescue runaways and natural disaster victims,” the sheriff’s association adds gravely, “and MRAPs are used to respond to shooters who barricade themselves in neighborhoods and are one of the few vehicles able to navigate hurricane, snowstorm, and tornado-strewn areas to save survivors.”
As with our wars abroad, think mission creep at home. A program started to wage the war on drugs, and strengthened after 9/11, is now being justified on the grounds that certain equipment is useful during disasters or emergencies. In reality, the police have clearly become hooked on a militarized look. Many departments are ever more attached to their weapons of war and evidently don’t mind the appearance of being an occupying force in their communities, which leaves groups like the sheriffs’ association fighting fiercely for a militarized future.
Legal Plunder
In July, the American Civil Liberties Union and the ACLU of Arizona sued law enforcement in Pinal County, Arizona, on behalf of Rhonda Cox. Two years before, her son had stolen some truck accessories and, without her knowledge, fitted them on her truck. When the county sheriff’s department arrested him, it also seized the truck.
Arriving on the scene of her son’s arrest, Cox asked a deputy about getting her truck back. No way, he told her. After she protested, explaining that she had nothing to do with her son’s alleged crimes, he responded “too bad.” Under Arizona law, the truck could indeed be taken into custody and kept or sold off by the sheriff’s department even though she was never charged with a crime. It was guilty even if she wasn’t.
Welcome to America’s civil asset forfeiture laws, another product of law enforcement’s failed war on drugs, updated for the twenty-first century. Originally designed to deprive suspected real-life Scarfaces of the spoils of their illicit trade — houses, cars, boats — it now regularly deprives people unconnected to the war on drugs of their property without due process of law and in violation of the Fifth and Fourteenth Amendments. Not surprisingly, corruption follows.
Federal and state law enforcement can now often keep property seized or sell it and retain a portion of the revenue generated. Some of this, in turn, can be repurposed and distributed as bonuses in police and other law enforcement departments. The only way the dispossessed stand a chance of getting such “forfeited” property back is if they are willing to take on the government in a process where the deck is stacked against them.
In such cases, for instance, property owners have no right to an attorney to defend them, which means that they must either pony up additional cash for a lawyer or contest the seizure themselves in court. “It is an upside-down world where,” says the libertarian Institute for Justice, “the government holds all the cards and has the financial incentive to play them to the hilt.”
In this century, civil asset forfeiture has mutated into what’s now called “for-profit policing” in which police departments and state and federal law enforcement agencies indiscriminately seize the property of citizens who aren’t drug kingpins. Sometimes, for instance, distinctly ordinary citizens suspected of driving drunk or soliciting prostitutes get their cars confiscated. Sometimes they simply get cash taken from them on suspicion of low-level drug dealing.
Like most criminal justice issues, race matters in civil asset forfeiture. This summer, the ACLU of Pennsylvania issued a report, Guilty Property, documenting how the Philadelphia Police Department and district attorney’s office abused state civil asset forfeiture by taking at least $1 million from innocent people within the city limits. Approximately 70% of the time, those people were black, even though the city’s population is almost evenly divided between whites and African-Americans.
Currently, only one state, New Mexico, has done away with civil asset forfeiture entirely, while also severely restricting state and local law enforcement from profiting off similar national laws when they work with the feds. (The police in Albuquerque are, however, actively defying the new law, demonstrating yet again the way in which police departments believe the rules don’t apply to them.) That no other state has done so is hardly surprising. Police departments have become so reliant on civil asset forfeiture to pad their budgets and acquire “little goodies” that reforming, much less repealing, such laws are a tough sell.
As with militarization, when police defend such policies, you sense their urgent desire to maintain what many of them now clearly think of as police rights. In August, for instance, Pinal County Sheriff Paul Babeu sent a fundraising email to his supporters using the imagined peril of the ACLU lawsuit as clickbait. In justifying civil forfeiture, he failed to mention that a huge portion of the money goes to enrich his own department, but praised the program in this fashion:
“[O]ver the past seven years, the Pinal County Sheriff’s Office has donated $1.2 million of seized criminal money to support youth programs like the Boys & Girls Clubs, Boy Scouts, YMCA, high school graduation night lock-in events, youth sports as well as veterans groups, local food banks, victims assistance programs, and Home of Home in Casa Grande.”
Under this logic, police officers can steal from people who haven’t even been charged with a crime as long as they share the wealth with community organizations — though, in fact, neither in Pinal County or elsewhere is that where most of the confiscated loot appears to go. Think of this as the development of a culture of thievery masquerading as Robin Hood in blue.
Contempt for Civilian Control
Post-Ferguson developments in policing are essentially a struggle over whether the police deserve special treatment and exceptions from the rules the rest of us must follow. For too long, they have avoided accountability for brutal misconduct, while in this century arming themselves for war on America’s streets and misusing laws to profit off the public trust, largely in secret. The events of the past two years have offered graphic evidence that police culture is dysfunctional and in need of a democratic reformation.
There are, of course, still examples of law enforcement leaders who see the police as part of American society, not exempt from it. But even then, the reformers face stiff resistance from the law enforcement communities they lead. In Minneapolis, for instance, Police Chief Janeé Harteau attempted to have state investigators look into incidents when her officers seriously hurt or killed someone in the line of duty. Police union opposition killed her plan. In Philadelphia, Police Commissioner Charles Ramsey ordered his department to publicly release the names of officers involved in shootings within 72 hours of any incident. The city’s police union promptly challenged his policy, while the Pennsylvania House of Representatives passed a bill in November to stop the release of the names of officers who fire their weapon or use force when on the job unless criminal charges are filed. Not surprisingly, three powerful police unions in the state supported the legislation.
In the present atmosphere, many in the law enforcement community see the Harteaus and Ramseys of their profession as figures who don’t speak for them, and groups or individuals wanting even the most modest of police reforms as so many police haters. As former New York Police Department Commissioner Howard Safir told Fox News in May, “Similar to athletes on the playing field, sometimes it’s difficult to tune out the boos from the no-talents sipping their drinks, sitting comfortably in their seats. It’s demoralizing to read about the misguided anti-cop gibberish spewing from those who take their freedoms for granted.”
The disdain in such imagery, increasingly common in the world of policing, is striking. It smacks of a police-state, bunker mentality that sees democratic values and just about any limits on the power of law enforcement as threats. In other words, the Safirs want the public — particularly in communities of color and poor neighborhoods — to shut up and do as it’s told when a police officer says so. If the cops give the orders, compliance — so this line of thinking goes — isn’t optional, no matter how egregious the misconduct or how sensible the reforms. Obey or else.
The post-Ferguson public clamor demanding better policing continues to get louder, and yet too many police departments have this to say in response: Welcome to Cop Land. We make the rules around here.
Matthew Harwood is senior writer/editor of the ACLU. His work has appeared at Al Jazeera America, the American Conservative, the Guardian, Guernica, Salon, War is Boring, and the Washington Monthly. He is a TomDispatch regular.
Copyright 2015 Matthew Harwood
Nigerian army bulldozes Shia religious center in Zaria
Hussainiyyah Baqeeyatullah in Nigeria’s northern city of Zaria before its reported destruction
Press TV – December 21, 2015
The Nigerian army has completely demolished a religious center belonging to the Islamic Movement in Nigeria (IMN) following the recent massacre of Shia Muslims in the West African country.
The IMN’s website cited a local source as saying that the army bulldozed Hussainiyyah Baqeeyatullah in the northern city of Zaria in Kaduna State on Sunday.
This comes nearly a week after Nigerian soldiers opened fire on the people attending a religious ceremony at the site. Local media said more than a dozen people were killed during the December 12 raid.
The military accused the Shias of stopping the convoy of Nigeria’s Chief of Army Staff Lieutenant General Tukur Yusuf Buratai and attempting to assassinate him. The IMN and its leader Ibrahim al-Zakzaky strongly rejected the assassination accusation.
IMN spokesman Ibrahim Usman also rejected an accusation by local officials that the movement had “blocked roads for four days” during the religious ceremony, which marked Arba’een, the fortieth day to follow the martyrdom anniversary of Imam Hussein (PBUH), the grandson of Prophet Muhammad (PBUH) and the third Shia Imam.
One day later, Zakzaky was arrested during a raid by the army on his residence and the buildings connected to the Shia community in Zaria. Local sources say hundreds of people trying to protect the cleric, including three of his sons, were killed in the raid.
Two face politically-motivated execution in Bahrain based on torture ‘confessions’
Reprieve – December 21, 2015
Two Bahrainis who were tortured into ‘confessing’ to an attack on police officers in the wake of anti-Government protests last year could be executed at any moment, unless the country’s King pardons them.
Husain Moosa and Mohammed Ramadan were arrested in February and March 2014 respectively, shortly after demonstrations took place in Bahrain to mark the third anniversary of the ‘Arab Spring’ protests in the country.
February also saw a bomb attack in the village of al Dair, which injured two police officers, one of whom subsequently died. Mr Moosa and Mr Ramadan were arrested one week and one month after the event, respectively, and say they were subjected to extensive torture until they produced ‘confessions’ to being involved in the attack.
No evidence aside from these forced confessions and the testimony of police officers was produced in court to link either man to the attack. But despite this they were both convicted and sentenced to death in December 2014. Last month, Bahrain’s court of cassation rejected their final appeal, meaning they could now face execution at any moment, at the discretion of King Hamad.
Mr Ramadan has described how he was held incommunicado for four days and beaten until he produced the ‘confession’ that the authorities wanted, relating to the bombing. When he subsequently told a judge that the confession had been given under torture, he was taken to another prison and subjected to further beatings, and was forced to listen to other prisoners being tortured, for ten days.
Mr Moosa has described how he was hung from the ceiling and beaten with police batons. He says that officers threatened to fabricate charges against his relatives and rape his sisters unless he confessed. Mr Moosa subsequently recanted his confession in front of the public prosecutor, but like Mr Ramadan was then subjected to further torture as a result.
The case has been the focus of concern from both the European Parliament and UN officials. In July this year, MEPs warned that in Bahrain “… the use of the death penalty in politically motivated cases has expanded since 2011, with “at least seven individuals have been handed death sentences in political cases since 2011… four of these seven being sentenced to death in 2015 alone.”
Earlier this year, five UN human rights experts, including the Special Repporteur on Torture, raised concerns that both Mr Ramadan and Mr Moosa had confessed under duress.
International human rights charity Reprieve is calling on the King of Bahrain to commute the sentences, and on the UK to intervene given its status as a close ally of the country.
Nigeria Shia leader to face prosecution: Nigerian official
Nigerian Shia leader Ibrahim al-Zakzaky
Press TV – December 20, 2015
Nigerian authorities say Shia leader Ibrahim al-Zakzaky, who has been arrested and whose family and supporters have faced a bloody crackdown, will face prosecution.
On Saturday, Nasir al-Rufai, the governor of Kaduna State in north-central Nigeria, where Zakzaky was arrested in his home city of Zaria last week, said the cleric “will be prosecuted for any crimes that he may have committed,” Nigerian newspaper THISDAY reported on Sunday.
“That is the decision for the federal authorities. There are state and federal crimes,” the official added, making it clear that the case would be brought against the cleric by Abuja rather than local officials. “There is a government and a constitution and we are resolved to follow the constitution and due process.”
Nigerian forces raided the house of Zakzaky, the head of the Islamic Movement of Nigeria (IMN), last Sunday and arrested him after reportedly killing individuals attempting to protect him, including one of the movement’s senior leaders and its spokesman.
Nigerian soldiers had opened fire on Shia Muslims attending a ceremony at a religious center in the city the previous day, accusing the Shias of stopping the convoy of Nigeria’s Chief of Army Staff Lieutenant General Tukur Yusuf Buratai and attempting to assassinate him. Zakzaky was planning a speech at the center, and the IMN has strongly rejected the assassination accusation.
The attack on Zakzaky’s residence and the violence during the road incident led to the deaths of hundreds of the members of the religious community, including three of Zakzaky’s sons.
The IMN spokesman, Ibrahim Usman, meanwhile, rejected the accusation by the governor that the movement had “blocked roads for four days” during the religious ceremony, which marked Arba’een, the fortieth day to follow the martyrdom anniversary of Imam Hussein (PBUH), the grandson of Prophet Muhammad (PBUH) and the third Shia Imam.
“Clearly, this is a deliberate attempt to twist the facts. During the Arba’een symbolic treks, we block only limited part of the road, and this is to protect persons from traffic accidents, control mass movement and avoid chaos on the roads,” Usman said.
“The governor here was trying to give the impression of a complete occupation of a lane for four days. That was not the case. Blocks were only from junction to junction on the roads. The public was informed about these little inconveniences with apologies on public radio and television stations throughout the trek. Road users during the period would be surprised by the governor’s statement,” he said.

Shia Muslims in Nigeria march during a procession marking Arba’een. (File photo)
Rufai has also announced that a judicial commission of inquiry has been set up to look into the attack on the cleric’s residence.
The IMN has said it does not trust any likely findings by the state investigators, adding that authorities have refused to listen to the Shia community about what happened in Zaria and are only focusing on the army’s account.
Stop unacceptable harassment of human rights defenders in Occupied Palestinian Territory – UN experts
UN Human Rights Council | December 18, 2015
GENEVA – United Nations independent experts today expressed grave concerns at continued reports that human rights defenders are being subjected to physical attacks, harassment, arrest and detention, and death threats, particularly in Hebron in the Occupied Palestinian Territory (OPT), in an apparent bid by Israeli authorities and settler elements to stop their peaceful and important work.
“Amidst a charged and violent atmosphere over past months in the OPT, Palestinian and international defenders are providing a ‘protective presence’ for Palestinians at risk of violence, and documenting human rights violations,” said the UN Special Rapporteur the situation of human rights defenders, Michel Forst.
“The continued harassment of human rights defenders in the OPT, who are exercising their rights to freedoms of expression and association, is simply unacceptable. It should cease immediately,” Mr. Forst stressed.
Earlier this month, a group of UN human rights experts urged the Israeli Government to ensure a protective environment where human rights defenders in the Occupied Palestinian Territory can work without unlawful restriction and without fear of retaliatory acts.
“We recently addressed concerns to the Israeli Government regarding retaliatory acts by Israeli authorities against members of one organisation based in Hebron, Youth Against Settlements, after its Centre was subjected to raids and settlers allegedly called for it to be closed,” noted the UN Special Rapporteur the situation of human rights in the OPT, Makarim Wibisono.
“The Centre has now effectively been shut down as a result of the Israeli military declaring the surrounding area a military zone,” Mr. Wibisono said. “We urge Israeli authorities to lift this military order.”
The experts’ statement has been endorsed by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Mr. Juan E. Méndez, and by the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Mr. Maina Kiai.
How About Perjury Prosecutions for Cops Who Lie About Other Cops’ Killings?
By Adam Dick | Ron Paul Institute | December 12, 2015
It is disheartening to see police unjustifiably abuse, injure, or kill people and then just return to their jobs after perfunctory investigations. In the instances when a cop is charged with a crime, so often the grand jury does not indict or the trial jury does not convict. Not every cop accused of criminal activity is guilty. But, it does seem like in many cases police do the crime but not the time.
At Mimesis Law, Ken Womble suggests employing an underutilized means to ensure some accountability for cops behaving badly: Prosecute police for perjury when they lie in their reports and to investigators. Womble looks to Chicago for an example of where such prosecutions could be undertaken. How about, he asks, prosecuting any police who were present when their fellow cop Jason Van Dyke killed Laquan McDonald and who then described the occurrence in a manner that is inconsistent with the video of the shooting but supportive of Van Dyke’s contention that Van Dyke’s lethal actions were in response to a threat from McDonald?
Womble is not suggesting that prosecutions of cops for murder, assault, theft, and other crimes be abandoned. He is just saying that perjury prosecutions of cops, including cops who took no part in a criminal action yet then lie to cover it up, should be undertaken as well. These perjury prosecutions, Womble explains, should often be easier to carry through to conviction and should have the added bonus of removing the convicted cops from the police profession.
Womble writes:
Unlike murder, assault or other crimes of violence, perjury is much more mathematical. There is no self-defense when it comes to perjury. The only viable defense is that the person believed that their statement was true. When a group of cops put forward the same story, and that story turns out to be demonstrably false when compared to the clear video evidence, it is not a mistake. It is a lie. Even the great Gerry Spence might have to stare at his shoe tops when trying to argue otherwise.
Beyond the sheer improbability of a group of officers all incorrectly remembering an event in the same exact way, there is clear motive. The cherry on top in a prosecution of Van Dyke’s fellow officers would be that they each had the motive to lie, to turn the illegal killing of Laquan McDonald into a justifiable instance of self-defense or defense of others. They did it to protect their fellow officer, in spite of the truth. Is there any reasonable doubt that those officers lied?
No, there is not. Guilty of perjury. Turn in those guns and badges. Those officers would never be able to credibly testify ever again with a perjury conviction under their belts, so they are useless as law enforcement officers. The punishment they should receive for their crime is honestly of lesser concern. Just stop being cops. Go sell shoes or vacuums. You can lie all you want in those professions.
Read Womble’s complete article here.
The Hares Boys: Israeli Justice in Palestine

By Richard Hardigan | CounterPunch | December 18, 2015
On November 26 five Palestinian teenagers were sentenced to fifteen years in prison and fined roughly $40,000 each. This is not an unusual occurrence. Examples of Palestinians being punished for crimes they did not commit abound, but in this case the Israeli authorities have taken their injustice to a new level. Not only were “The Hares Boys”, so named because of the West Bank town from which they hail, not involved in any crime, but there was never any crime to begin with. This did not concern the Israelis in the least. Palestinians must be punished, and even if they are not guilty in this particular case, then surely they are guilty of something. So goes the thinking of the occupying force. The case has garnered international attention, but this did not worry the always image-conscious Israelis, and they have proceeded to mete out their own particular brand of justice.
I first heard of the Hares boys in June of 2014. Their names were written in black magic marker in large letters on the whiteboard in the living room of our apartment in Nablus. I was volunteering with the International Solidarity Movement (ISM), an organization devoted to standing in solidarity with the Palestinian people, and it was the evening of my first day in the northern West Bank city.
Charlie, the coordinator of the Nablus team, liked to write the names of all the projects ISM was involved in on the whiteboard, and the Hares boys were second from the top, squeezed between the name of a contact in a local refugee camp and a village that had recently been the subject of a settler attack.
Earlier that afternoon I had watched the limp body of yet another victim of Israeli aggression being carried through the streets of Nablus. Ahmed’s head was uncovered, with only a black and white keffiyah wrapped around his forehead. As his body was carried by the stretcher bearers, it was jostled quite a bit, and the head lolled back and forth with regularity. His father, an old bent man, walked behind, fingering his prayer beads, a vacant stare in his eyes. Ahmed had been murdered the previous night. Coming out of a mosque, the young mentally handicapped man had been screamed at by Israeli soldiers. They ordered him to stop, and when he did not heed their instructions, presumably because he did not understand them, they shot him four times – once in the stomach and three times in the chest.
With his close-shorn hair, Charlie looked younger than his twenty-three years, and as he explained the events surrounding the boys, I thought about the fact that he could not have been much older than the teenagers of Hares.
There were five Hares boys. At that point they had been in Israeli prison for over a year. Whenever there was a court date, ISMers would try to travel to the court, located in the town of Salem, which is north of Jenin and on the border with Israel, in order to provide moral support to the boys and their families.
In the evening of March 14, 2013, Adva Biton, a female settler, and her three daughters were involved in a traffic accident on their way to the settlement of Yakir, which lies southwest of Nablus. Biton and her three daughters were injured, and the injuries to one of the daughters were serious.
She died two years later of her injuries, compounded by pneumonia. The accident, which occurred near the Palestinian village of Hares, took place when Biton crashed her car into the back of a truck that was parked along the side of the road. The driver of the truck told police that he had pulled over to repair a flat tire. The trouble began when Biton later claimed that the accident had been caused not by the truck but by Palestinian youths who had been throwing stones. In fact, “in an Australian TV interview, Biton stated that she had a building block thrown at her vehicle which hit her daughter in the head and caused her to hit the back of the truck.”ii There were no witnesses to the accident, and nobody had seen anybody throwing stones, but the truck driver did add afterwards that he had noticed stones lying by the side of the road.iii
There are many problems with the story. In neither the initial accounts by the involved parties, nor in the original police investigation, was there a mention of stones. This changed a few days later, when Biton and the truck driver modified their original versions, and, in addition, when a subsequent police investigation uncovered a stone in Biton’s car. No building blocks were found anywhere near the scene. The fact that building blocks are exceedingly difficult to throw casts yet further doubt on Biton’s version of events.iv The truck driver’s statement about having seen stones on the side of the road should be seen as meaningless, since that part of the road is full of stones.v
Charlie’s face during his telling of the Hares boys’ story did not betray any emotion, but I imagined he must have been incensed, as he had been following these events for the past three months. He had even been to the court and later described the treatment that the boys’ families and other visitors received at the hands of the authorities.vi I wondered if this is what happened to activists after they had been in country for a while. Did they just become accustomed to the violence and suffering, and especially, the injustice?
In the days following the accident the Israeli army went into action. They entered the villages of Hares and nearby Kifl Hares three times, arresting a total of nineteen boys between the ages of 16 and 17 years. The nighttime raids were violent and the soldiers behaved aggressively. Accompanied by attack dogs and Israeli secret service (Shabak) agents, they broke down the doors of villagers’ houses and demanded to know the whereabouts of all the teenage sons. They handcuffed and blindfolded the boys without telling their families why or where they were taking them.
““Kiss and hug your mother goodbye,” a Shabak agent told one boy. “You may never see her again.””vii
All of the boys endured violent interrogations. They were also kept in solitary confinement. “One boy, since released, described his cell: a windowless hole 1m wide and 2m long; there was no mattress or blanket to sleep on; toilet facilities were dirty; the six lights were kept on continuously, leading to the boy losing track of the time of the day; the food made him feel ill. The boy was denied a lawyer; he was interrogated violently three times during three days.”viii After this ill-treatment, 14 of the 19 boys were released, while five boys confessed to the crimes. They are Ammar Souf, Mohammed Suleman, Ali Shamlawi, Tamer Souf and Mohammed Kleib.ix These are the Hares boys.
The Israeli media has played a significant role in this case. A few days after the accident, rumors began to surface that it had been a terrorist attack, and the subsequent media storm caused 61 witnesses to come forward, claiming that their cars had also been damaged by stones thrown on the same road that day. Prime Minister Netanyahu himself got involved, announcing proudly that “he had caught the terrorists that did it”x.
The boys were originally charged with twenty counts of murder and five counts of stone throwing each.
Unlike in most cases of Israeli injustice, the story of the Hares boys has garnered a great deal of attention, both international and domestic, and there have been several campaigns calling for the boys’ release.
A report by the Israeli NGO B’Tselemxi indicates that the Hares boys never had a chance. Between 2005 and 2010, 835 children were arrested in the West Bank on charges of stone throwing. Of the 835 only one was acquitted, an absurdly low number. Of the children, 34 were aged 12-13, 255 were aged 14-15, and 546 were aged 16-17.
The B’Tselem report also confirms that in a large majority of the cases, the judge does not allow bail and instead orders the defendant to be remanded in custody until the end of the proceedings. Because of the absurd conviction rate, the length of the pre-trial period and the inhumane conditions in the prisons, defendants often make plea bargains in exchange for shorter sentences.
The Hares boys awaited their fate in the notorious Meggido prison in Israel, where the conditions are reportedly atrocious, especially for minors.
“Conditions in Megiddo are severe. All prisoners, including children, are deliberately denied essential items such as food, clothing, bedding and hygiene products which have to be provided by their families, when families are permitted to deliver them, or purchased at inflated prices from the Israeli prison canteen. This means that inmates are required to fund their own incarceration. The children are almost entirely disconnected from the outside world. They are rarely allowed to exit their cells. Reports suggest that they are permitted to spend a couple of hours a week in the fresh air.
Their schooling has been discontinued. They are allowed infrequent family visits and no direct physical contact is permitted. They must communicate with relatives through a glass screen and speak through phones that do not always work. Families from the Occupied Territories do not usually receive permission to travel to what is now the State of Israel. When permitted, these journeys are expensive, lengthy and dangerous. Inmates are rarely treated for medical conditions.”xii
The great majority of the population of the West Bank has lived under military occupation for over 48 years. Only the settlers are exempt. The lives of the Palestinians are ruled by the military, and they are subject to military law, which is enforced by military courts. The system is based on military orders, which are issued by army commanders without approval from any civilian branch of government. They rule all aspects of Palestinian life in the West Bank, including freedom of movement, agriculture, access to water, ability to protest and land transactions.
Some of these orders are patently absurd (Military Order 107 prohibits the publication of treatises on Arabic grammar), while others have far-reaching consequences. Military Order 1651, for example, allows for the incarceration of children as young as twelve years old. It also allows for the administrative detention of individuals without charge for up to six months.
It is this military system that has destroyed the lives of the Hares boys and their families, as it has so many others. They face fifteen years in prison, and it is believed that unless the families can produce $7,750 for each of the boys by January 28, 2016, their sentences will be extended by an additional ten years.xiii
The troubling aspects of this particular case are many. There was little evidence that a crime had been committed and even less that pointed to the Hares boys as the offenders. There were no witnesses. The statements of the victims were contradictory and subject to change. The boys were tortured and coerced into giving false confessions. As children they awaited their fate in an Israeli adult prison in horrific conditions for over two years. This is what passes for justice in the territories occupied illegally by Israel, the self-proclaimed only democracy in the Middle East.
Notes
[1] “Hares Boys” Retrieved at https://haresboys.wordpress.com/.
[2] Fludd, Elischia. “Hares Boys Anniversary Still Worries Global Activists.” The Huffington Post. March 18, 2014. Retrieved at http://www.huffingtonpost.com/elischia-fludd/hares-boys-anniversary_b_4971764.html.
[3] “Hares Boys.”
[4] “Hares Boys Anniversary Still Worries Global Activists.”
[5] “Hares Boys Anniversary Still Worries Global Activists.”
[6] Donnelly, Charlie. “El Sistema Judicial Israelí: De Pseudo-democracia a Proto-fascismo (Parte II).” September 23, 2014. Retrieved at http://palestinalibre.org/articulo.php?a=52637.
[7] “Hares Boys.”
[8] “Hares Boys.”
[9] “Hares Boys Anniversary Still Worries Global Activists.”
[10] “Hares Boys.”
[11] “No Minor Matter: Violation of the Rights of Palestinian Minors Arrested by Israel on Suspicion of Stone-Throwing, July 2011.” July, 2011. Retrieved at http://www.btselem.org/publications/summaries/2011-no-minor-matter.
[12] Paul, Chandra. “For the Hares Boys.” June 19, 2014. Retrieved at http://weekly.ahram.org.eg/News/6520/19/For-the-Hares-boys.aspx.
[13] Edmonton, Amanda. “Hares Boys Sentenced to 15 Years.” International Middle East Media Center RSS. December 14, 2015. Retrieved at http://www.imemc.org/article/74219.
Richard Hardigan is a university professor in the United States.
Home of the brave? Law professor says freedom to read is too dangerous!
PrivacySOS | December 16, 2015
Live from slate.com : ISIS is so scary that we should think really hard about gutting the First Amendment.
In true Slate pitch form, the website has posted an anti-First Amendment screed by law professor Eric Posner, in which he argues that we should “[c]onsider a law that makes it a crime to access websites that glorify, express support for, or provide encouragement for ISIS or support recruitment by ISIS; to distribute links to those websites or videos, images, or text taken from those websites; or to encourage people to access such websites by supplying them with links or instructions.”
Such a law could exempt “journalists, academics, private security agencies, and the like,” Posner reassures us. The punishments for unlawfully accessing public information the government does not like would range from “a warning letter from the government” to fines and “prison sentences,” to escalate in severity with each commission of an ISIS-related thought crime.
Woefully, Posner writes, the pesky First Amendment interferes with such a plan. Courts have repeatedly held that the First protects our right to access “[s]peech that blasts the American constitutional system and praises America’s enemies.”
Ughhhhhhhhh.
So what to do about this obnoxious history of judicial rigidity when it comes to free speech and the freedom to read? Posner suggests we turn back the clock, to a time before the 1960s, when “people could be punished for engaging in dangerous speech.” Ah, the good old days.
Reminiscing, he cites the prosecution of World War One draft resisters, Nazi sympathizers during World War Two, and even Confederate sympathizers during the Civil War. But he forgot to mention that before the Supreme Court’s revolution on expanding speech rights, anti-speech laws were mostly used to crack down on domestic dissent that had nothing to do with support for any foreign “enemy.”
The ACLU was founded in response to such attacks, primarily on union and worker speech:
In 1912, feminist Margaret Sanger was arrested for giving a lecture on birth control. Trade union meetings were banned and courts routinely granted injunctions prohibiting strikes and other labor protests. Violators were sentenced to prison. Peaceful protesters opposing US entry into World War I were jailed for expressing their opinions. In the early 1920s, many states outlawed the display of red or black flags, symbols of communism and anarchism. In 1923, author Upton Sinclair was arrested for trying to read the text of the First Amendment at a union rally. Many people were arrested merely for membership in groups regarded as “radical” by the government. It was in response to the excesses of this period that the ACLU was founded in 1920.
Imagine that. Laws passed to deal with a wartime enemy were used to crush domestic dissent and corral American popular opinion.
How could we make sure a law banning certain kinds of reading wouldn’t bleed out into criminalizing dissent, as similar anti-speech and censorship laws always have in US history? Posner suggests it’s easy: “A simple balancing test would permit laws to target dangerous speech that does not advance public debate.”
Right. Because determining what “does not advance public debate” is simple as pie, and not at all subject to wild fluctuation depending on who makes the determination. That’s totally not the kind of insane “balancing test” the First Amendment was designed to foreclose. … Full article
Privacy advocates blast ‘surveillance bill in disguise’ after CISA tucked into spending deal
RT | December 17, 2015
Under the cover of a late-night session of Congress, House Speaker Paul Ryan announced a new version of the “omnibus” federal government funding bill that includes a version of the Cybersecurity Information Sharing Act, outraging privacy advocates.
The new version combines three bills, two passed by the House, and one – the Cybersecurity Information Sharing Act (CISA) – that had already passed the Senate by a vote of 74 to 21.
A long-standing critic of government overreach in surveillance, Senator Ron Wyden (D-Oregon), who voted against the Senate bill, issued a statement on Wednesday stating that it was a “bad bill when it passed” and “worse bill today.”
“Americans deserve policies that protect both their security and their liberty. This bill fails on both counts,” said Wyden, adding that “cybersecurity experts say CISA will do little to prevent major hacks and privacy advocates know that this bill lacks real, meaningful privacy protections.”
Under the latest version, the bill creates the ability for the president to set up “portals” for agencies like the FBI and the Office of the Director of National Intelligence so that companies can hand information about potential threats directly to law enforcement and intelligence agencies instead of the Department of Homeland Security. It allows for more data sharing between the public and private sector while shielding companies from liability.
It also changes the criteria for when information shared for cybersecurity reasons can be used in law enforcement investigations. Previously, the backchannel use of data could only occur in cases of “imminent threats,” while the new bill requires just a “specific threat.”
The Electronic Frontier Foundation has strongly opposed cybersecurity bills over the past five years. In a statement, it said they did nothing to address the real problems the government faces, “like computer data breaches that are caused by unencrypted files, poor computer architecture, un-updated servers, and employees (or contractors) clicking malware links.”
Other advocacy groups, such as Fight for the Future, have previously referred to the bill as “a surveillance bill in disguise.”
The group’s campaign director, Evan Greer, called it “a disingenuous attempt to quietly expand the U.S. government’s surveillance programs.”
“Congress has failed the Internet once again,” she added, “now it’s up to President Obama to prove that his administration actually cares about the Internet. If he does he has no choice but to veto this blatant attack on Internet security, corporate accountability, and free speech.”
The bills were opposed not just by privacy advocates, but also civil society organizations, computer security experts, and many Silicon Valley companies. In April, a coalition of 55 civil groups and security experts signed an open letter opposing an earlier version of CISA.
The Department of Homeland Security itself warned in July that the bill could overwhelm the agency with data of “dubious value,” while at the same time “sweep[ing] away privacy protections.”
The EFF also said the CISA bill has no place in the federal budget package, a point shared by the Open Technology Institute (OTI).
“They’re kind of pulling a Patriot Act,” Robyn Greene, police counsel of OTI, told Wired. “They’ve got this bill that’s kicked around for years and had been too controversial to pass, so they’ve seen an opportunity to push it through without debate. And they’re taking that opportunity.”
Turkish troops ‘raiding civilian houses’ in Kurdish city of Silopi
© farukencu / Instagram
RT | December 17, 2015
The Turkish Army has reportedly sent military vehicles, including tanks, into civilian areas in its predominantly-Kurdish southeast. While mainstream Western media remains silent, local activists posted frightening photos on social media.
The People’s Democracy Party (HDP) published a series of photos of the Thursday raid by the Turkish Army. According to HDP, soldiers in the Yenisehir district of Silopi “broke into a building and pointed guns at people.”
Ferhat Encu, an MP for the People’s Democratic Party, was taken into custody in Silopi.
“The world and those justifying this cruelty know well, this isn’t an ‘anti-terror’ act. This is an ethnic cleansing and genocide operation,” the party tweeted.
Ankara has been busy conducting military operations in the southeast since summer. Tensions have been mounting for months as security forces have been battling Kurdistan Workers’ Party (PKK) militants after a ceasefire collapsed in July. The PKK has been fighting for an autonomous Kurdish region inside Turkey for over three decades.
Earlier this week, Turkish Prime Minister Ahmet Davutoglu promised that anti-PKK operations would continue in Silopi and Cizre in order to, as he put it, prevent the militants from “spreading the fire” from Syria and Iraq into Turkey.
“The terrorists will be wiped out from these districts. Neighborhood by neighborhood, house by house, street by street,” he pledged.
Nurcan Baysal, founder of the Diyarbakir Political and Social Research Institute, has described Davutoglu’s language as “very dangerous.”
“If the Turkish state wants peace with its Kurdish citizens, it should change its dangerous language into the language of peace,” Baysal told the Middle East Eye news outlet. “Unfortunately, the Turkish state has decided to wage war against the Kurdish people again.”
“People are without water, electricity, food, medical care, and many civilians have died – and state officials say that they will continue this.”
Figen Yuksekdag, the co-chair of the pro-Kurdish Peoples’ Democratic Party (HDP), has publicly accused Davutoglu of “ordering a massacre” in Cizre and Silopi.
“Who are these operations against, Mr. Prime Minister?” Yuksekdag wondered at a press conference in Diyarbakir. “There are people living in these houses, Davutoglu,” she said.
Thousands took to the streets of Diyarbakir in late November after Tahir Elci, a lawyer and campaigner for Kurdish rights, was shot dead in while giving a speech on November 28. This became the last straw.
Seven Kurds were killed following clashes with Turkish security forces earlier this week. Two died in the city of Diyarbakir as protesters fought with police, while five lost their lives in the Mardin province.
Around 5,000 people gathered for a march in Diyarbakir on Monday, according to AP, which was called by the Peoples’ Democratic Party (HDP). Local residents gathered to voice their concerns about round-the-clock curfews being implemented in the region.
According to the Human Rights Foundation of Turkey, there have been a total of 52 curfews imposed since mid-August across seven provinces in the region, affecting areas where some 1.3 million people live.
Residents from the pro-Kurdish town of Silvan (some 80km north east of Diyarbakir) said they had been shelled by Turkish forces in mid-November, while the never-ending curfew had driven them to the brink of starvation.




