[Now UPDATED with audio archives below...]

Our week guest hosting the nationally syndicated Mike Malloy Show continues tonight and tomorrow!

As usual tonight, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• REP. TED DEUTCH (D-FL-19), on his newly introduced "Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy (OCCUPIED) Amendment", which would overturn the Citizens United decision, by re-establishing the right of Congress and the states to regulate campaign finance laws, and to effectively outlaw the ability of for-profit corporations to contribute to campaign spending.
• JEANNIE DEAN, activist, Election Integrity champ and OccupyLA rep (watch her sing the gospel of OWS recently on Russian TV here) on the LA City Council's new offer to OccupyLA to "decamp" from City Hall to a 10,000 sq. foot office building and even their own farm.
• PLUS! Occupy Wall Street's first fatality?; Obama gets "Mic Checked"; Tonight's GOP debate (if it matters) and much more as the Occupy Wall Street uprising continues, along with your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Well, this show was just loony toons! If you don't believe me, give it a listen! The audio archives are now posted below (along with the chat room archives)...

Guest editorial by Ernest A. Canning

The photo at right may well provide a pivotal moment in a new American revolution. It exposes a crack in the façade of the corporate security state that could grow to the point that rule by and for the 1% may some time soon internally collapse.

The real story lies not in the fact that retired Philadelphia Police Captain Ray Lewis was arrested by the NYPD during an Occupy Wall Street confrontation. (Video of arrest posted below). It's the potential that Lewis' recognition of immense betrayal will spread throughout the rank and file of the security apparatus even as the clueless and increasingly desperate power elites seek to effectuate a coordinated crackdown on Occupy Wall Street encampments...

On Friday, Lt. John Pike [and a number of other officers --- see UPDATE below] of the UC Davis police force lead a group of lawless cops in lining up demonstrators who had been peaceably assembled on the University of California, Davis quad and then covered them with with pepper spray. His fellow cops did nothing to stop him, and actually stood by in support. [Complete appalling video posted at the end of this article.]

We're at a loss to describe this type of outrageous, unprovoked and unnecessary behavior as anything less than torture, to be frank.

Yesterday, we shared the photo of a cop at OccupyPortland similarly pepper spraying a young demonstrator directly in the face. And the day before, we detailed the story of 84-year old Dorli Rainey who met a similar fate at OccupySeattle.

Our report yesterday detailed a rapidly growing partial list of other atrocious incidents of blatant, lawless, unprovoked violence carried out by "law enforcement" officials across the nation since the Occupy Wall Street movement began two months ago. The incidents, almost all documented on video by citizen journalists, demonstrate the unrestrained, and almost always illegal, use of brutal force, aggression, violence and often torture by Big Government against peaceful American citizens exercising what were once known as their Constitutional rights --- the very behavior which supporters of the Tea Party once pretended to be concerned about.

As we averred in that article --- as supported by the included linked incidents --- and as we feel even more certain of today after viewing the video of the casually brutal and tortuous behavior of Pike and his band of UC Davis stormtrooper thugs who stood by in support (see full video below), the U.S. has not become merely a Police State in the ten years following 9/11, but a fully weaponized Military State.

Though video evidence of what happened was widely available on Friday, rather than condemning the outrageous violence by a member of her own Police force --- as she almost certainly would have had the situation been reversed and a student used pepper spray against peaceful cops --- UC Davis Chancellor Linda P.B. Katehi chose to issue a statement yesterday which seemed to excuse the police brutality as necessary "to protect the health and safety of our campus community"...

Guest blogged by Ernest A. Canning

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

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

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

On Sunday afternoon I found myself in a spirited Twitter debate about Occupy Wall Street, its effectiveness as a movement and, of most interest to me, the First Amendment rights of the Occupations around the country as the attempts to evict the Occupiers, by local mayors and police departments in a number of cities have been slowly, but surely, ramping up over the last several days and weeks.

This particular debate was not of the sort you're likely to see in the MSM, in that it didn't include any Rightwingers and their fake arguments. (If you're interested in one of those debates, see my radio debate with a RWer last week here.) It included a few self-identified progressives, a few self-identified Democrats and Obama supporters (who do not necessarily consider themselves progressives, and often view them with scorn), and a few attorneys. None of the participants were Republicans or Tea Baggers...

We're posting this on 11:11 on 11/11/11, just because we can and will never get another chance to do so. At least until maybe later tonight...

We'll also take this opportunity, on Veterans Day, to thank those who have put their lives on the line in service of our nation to help protect the freedoms guaranteed by our Constitution. Today, we are particularly thankful to those who are continuing the fight for our freedoms back here at home, where they are most at threat, as part of the Occupy Movements across the country.

There are not enough 11s in this moment to thank you all for what you have done and continue to do. We only hope this nation can remember to return the favor.

P.S. In addition to Iraq and Afghanistan vets seriously injured during lawless "crackdowns" by law enforcement officials at Occupations around the Nation, including Scott Olsen and Kayven Sabehgi who are still recovering, and like Joshua Shephard who was willing to face tear gas in order to stand up for the First Amendment, our great thanks also goes to folks like decorated Iraq War veteran, Sgt. Shamar Thomas, the former U.S. Marine who loudly reminded the police of New York City, in the early days of the Occupy Wall Street demonstrations, of their Constitutional duty on behalf of all of us.

If you've not seen following video of Thomas schooling members of the NYPD, in early October --- after witnessing some of them "pulling people from the crowd" and "beating" the --, by loudly reminding them that "this is not a war zone...It doesn't make you tough to hurt these people...there's no honor in this," please take a few minutes to both watch it below, and then read on for a personal note...

Guest blogged by Ernest A. Canning

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

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

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

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

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

Video captures moment officer fires...

Guest blogged by Ernest A. Canning, with Brad Friedman

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

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

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

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

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

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

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

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...

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...

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?

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...