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 melee resulted in a critical brain injury to a two-tour Iraq veteran, among others. The violent event 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 to why CS gas was deployed as a "preliminary belief" at the time he addressed reporters at his televised Oct. 25 press conference. Indeed, the Interim Chief spoke of the necessity to deploy chemical agents "to stop the crowd...from pelting us with bottles and rocks" as if it were an established fact.

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

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

This follows on the story of former Marine and two-tour Iraq vet Scott Olsen, whose skull was fractured, allegedly, by a police projectile during demonstrations at Occupy Oakland on October 25th, as we've reported on previously (here, here and, most recently, here).

Now we learn of a second serious injury to an Iraq (and Afghanistan) vet, Kayvan Sabehgi, at the hands of the Oakland PD in response to peaceful demonstrations late last month. He was reportedly in intensive care Friday following surgery for a ruptured spleen, more than 10 days after the Oakland PD's confrontation with demonstrators. Sabeghi was reportedly beaten, arrested, and kept in jail without medical care for some 24 hours after the incident, even though he wasn't even a part of the demonstration and was simply trying to get home that night.

As The BRAD BLOG reported exclusively last week, the Oakland PD appears to have initiated the use of chemical agents against peaceful protesters in violation of both state law and a federal consent decree agreed to after a similarly illegal and violent confrontation with demonstrators in 2003. Both video tape evidence and eye-witnesses testimony suggest the violence was instigated by law enforcement officials, rather than demonstrators, in direct contradiction to the claim by Oakland's Interim Police Chief Howard Jordan that police "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."

The revelations of the Sabehgi story make an already appalling story even more so...

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

They made up for that on Thursday...

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

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

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

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

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

Thanks!

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...

Guest editorial by Ernest A. Canning

An October 9 Time Magazine poll revealed that 89% of Americans agree that Wall Street exerts too much influence on our political system; 79% feel the gap between rich and poor is too large; 71% feel the executives from the major financial institutions responsible for the 2008 economic meltdown should be prosecuted; and that only 6% of Americans identify themselves as "Tea Party" followers.

Previous MSM efforts to either ignore what amounts to a genuine democratic uprising or to disparage Occupy Wall Street by falsely claiming the movement has no goal have obviously fallen flat. Against that backdrop, the corporate-owned Los Angeles Times launched a desperate effort to deceptively depict the movement as a transient phenomenon which has had its say and should now fade away.

That effort was apparent in both an October 27 front-page news article in the LA Times, "Putting the move in Occupy movement", as well as a lead editorial in the October 28 paper.

Despite such efforts, neither the dire underlying conditions which have been brought on by history's greatest wealth disparity and the tyranny of the corporate security state, nor the people's desire to realize America's still-unfilled egalitarian democracy is likely to dissipate any time soon. As the Mavis Staples song says, "We shall not be moved!"...

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

Hat-tip David Swanson on the Twitters...

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

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

In our coverage of the police assault on peaceful Occupy Oakland demonstrators Wednesday, we ran the inspiring photo of a man standing in front of a line of riot police, wearing a sailor's uniform, holding a Veterans For Peace flag and clutching a copy of the U.S. Constitution.

But what we didn't realize at the time --- not apparent from the photo, but seen in the following, remarkable video --- he was also standing stone still as tear gas canisters were exploding all around him...

I can't help but look at the faces of the police in gas masks, presumably from the Oakland PD (though there were some 17 other agencies there that night) in that haunting video, as they look at the sailor, and wonder what they must be thinking to themselves as that hero stands facing them. We have previously written about the extraordinary violations of the First Amendment that have occurred across the country during these otherwise peaceful demonstrations. What thoughts are going through the minds of those men --- all of whom are undoubtedly also a part of the same "99%" for whom Occupy protesters are fighting --- during that moment?

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...

Guest blogged by Ernest A. Canning

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

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

Once again, late last night, as is becoming a too-regular nightly ritual, after the 11p news was over, police moved in again to violate the Constitutional First Amendment right "of the people peaceably to assemble." And, for the second night in a row, late last night in Oakland, CA, it resembled a war zone as police in riot gear unleashed a punishing onslaught of "non-lethal" flash-bang grenades, rubber (and or bean-bag) bullets and tear gas --- hour after hour, round after round --- injuring demonstrators, including women, the disabled, and even Iraq War veterans...

Unlike the police in Albany a few nights ago, where they defied orders from NY's Democratic Governor Andrew Cuomo to arrest demonstrators, and more like Chicago, where the police followed the advice of Democratic Mayor Rahm Emanuel to break down the demonstrations over the weekend and haul more than 175 in, the Oakland Police Department, with the approval of Democratic Mayor Jean Quan, unleashed a punishing assault on those gathered "to petition the Government for a redress of grievances."

The results were horrific, according to video, photos, and eye-witness reports as it all happened and was reported on Twitter, including this scene appearing to show a member of Veterans for Peace and Iraq Veterans Against the War knocked out by either a concussive grenade or a tear gas canister or another projectile, and being carried away...

[Update]: The veteran seen above was shot in the head and the UK Guardian is now confirming his name is Scott Olsen and that he is in "critical condition" with a "skull fracture and swelling of the brain" at Highland hospital.

"It's terrible to go over to Iraq twice and come back injured, and then get injured by the police that are supposed to be protecting us," his roommate, Keith Shannon, also 24, who served alongside Olsen as a Marine in Iraq, told the Guardian in a late follow-up today.

Other scenes were similarly gruesome and, yes, shameful...